---
kind: "section"
citation: "42 U.S.C. § 300ff–27"
title: "42"
title_heading: "The Public Health and Welfare"
number: "300ff–27"
heading: "State application"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/300ff-27"
units:
  - "Chapter 6A — Public Health Service"
  - "Subchapter XXIV — Hiv Health Care Services Program"
  - "Part B — Care Grant Program"
  - "Subpart i — general grant provisions"
---

# §300ff–27. State application

- (a) **In general—** The [Secretary](/usc/42/201.md?p=c) shall not make a grant to a [State](/usc/42/201.md?p=f) under [section 300ff–21 of this title](/usc/42/300ff–21.md) for a fiscal year unless the [State](/usc/42/201.md?p=f) prepares and submits, to the [Secretary](/usc/42/201.md?p=c), an application at such time, in such form, and containing such agreements, assurances, and information as the [Secretary](/usc/42/201.md?p=c) determines to be necessary to carry out [section 300ff–21 of this title](/usc/42/300ff–21.md).
- (b) **Description of intended uses and agreements—** The application submitted under [subsection (a)](#a) shall contain—
  - (1) a detailed description of the HIV-related [services](/usc/42/201.md?p=a) provided in the [State](/usc/42/201.md?p=f) to individuals and families with HIV/AIDS during the year preceding the year for which the grant is requested, and the number of individuals and families receiving such [services](/usc/42/201.md?p=a), that shall include—
    - (A) a description of the types of [programs](/usc/42/274l–1.md?p=4) operated or funded by the [State](/usc/42/201.md?p=f) for the provision of HIV-related [services](/usc/42/201.md?p=a) during the year preceding the year for which the grant is requested and the methods utilized by the [State](/usc/42/201.md?p=f) to finance such [programs](/usc/42/274l–1.md?p=4);
    - (B) an accounting of the amount of funds that the [State](/usc/42/201.md?p=f) has expended for such [services](/usc/42/201.md?p=a) and [programs](/usc/42/274l–1.md?p=4) during the year preceding the year for which the grant is requested; and
    - (C) information concerning—
      - (i) the number of individuals to be served with assistance provided under the grant;
      - (ii) demographic data on the population of the individuals to be served;
      - (iii) the average cost of providing each category of HIV-related health [services](/usc/42/201.md?p=a) and the extent to which such cost is paid by third-party payors; and
      - (iv) the aggregate amounts expended for each such category of [services](/usc/42/201.md?p=a);
  - (2) a determination of the size and demographics of the population of individuals with HIV/AIDS in the [State](/usc/42/201.md?p=f);
  - (3) a determination of the needs of such population, with particular attention to—
    - (A) individuals with HIV/AIDS who know their HIV status and are not receiving HIV-related [services](/usc/42/201.md?p=a); and
    - (B) disparities in access and [services](/usc/42/201.md?p=a) among affected subpopulations and historically underserved communities;
  - (4) the designation of a lead [State agency](/usc/42/300s–3.md?p=12) that shall—
    - (A) administer all assistance received under this part;
    - (B) conduct the needs assessment and prepare the [State plan](/usc/42/300d–31.md?p=2) under [paragraph (3)](#b-3);
    - (C) prepare all applications for assistance under this part;
    - (D) receive notices with respect to [programs](/usc/42/274l–1.md?p=4) under this subchapter;
    - (E) every 2 years, collect and submit to the [Secretary](/usc/42/201.md?p=c) all audits, consistent with Office of Management and Budget circular A133, from grantees within the [State](/usc/42/201.md?p=f), including audits regarding funds expended in accordance with this part; and
    - (F) carry out any other duties determined appropriate by the [Secretary](/usc/42/201.md?p=c) to facilitate the coordination of [programs](/usc/42/274l–1.md?p=4) under this subchapter.[^1]
  - (5) a comprehensive plan that describes the organization and delivery of HIV health care and support [services](/usc/42/201.md?p=a) to be funded with assistance received under [section 300ff–21 of this title](/usc/42/300ff–21.md) that shall include a description of the purposes for which the [State](/usc/42/201.md?p=f) intends to use such assistance, and that—
    - (A) establishes priorities for the [allocation](/usc/42/2021b.md?p=2) of funds within the [State](/usc/42/201.md?p=f) based on—
      - (i) size and demographics of the population of individuals with HIV/AIDS (as determined under [paragraph (2)](#b-2)) and the needs of such population (as determined under [paragraph (3)](#b-3));
      - (ii) availability of other governmental and non-governmental resources, including the [State](/usc/42/201.md?p=f) medicaid plan under title XIX of the Social Security Act [[42 U.S.C. 1396](/usc/42/1396.md) et seq.] and the [State](/usc/42/201.md?p=f) Children’s Health Insurance [Program](/usc/42/274l–1.md?p=4) under title XXI of such Act [[42 U.S.C. 1397aa](/usc/42/1397aa.md) et seq.] to cover health care costs of eligible individuals and families with HIV/AIDS;
      - (iii) capacity development needs resulting from disparities in the availability of HIV-related [services](/usc/42/201.md?p=a) in historically underserved communities and rural communities; and
      - (iv) the efficiency of the administrative mechanism of the [State](/usc/42/201.md?p=f) for rapidly allocating funds to the areas of greatest need within the [State](/usc/42/201.md?p=f);
    - (B) includes a strategy for identifying individuals who know their HIV status and are not receiving such [services](/usc/42/201.md?p=a) and for informing the individuals of and enabling the individuals to utilize the [services](/usc/42/201.md?p=a), giving particular attention to eliminating disparities in access and [services](/usc/42/201.md?p=a) among affected subpopulations and historically underserved communities, and including discrete goals, a timetable, and an appropriate [allocation](/usc/42/2021b.md?p=2) of funds;
    - (C) includes a strategy to coordinate the provision of such [services](/usc/42/201.md?p=a) with [programs](/usc/42/274l–1.md?p=4) for HIV prevention (including outreach and early intervention) and for the prevention and [treatment](/usc/42/11851.md?p=11) of substance abuse (including [programs](/usc/42/274l–1.md?p=4) that provide comprehensive [treatment](/usc/42/11851.md?p=11) [services](/usc/42/201.md?p=a) for such abuse);
    - (D) describes the [services](/usc/42/201.md?p=a) and activities to be provided and an explanation of the manner in which the elements of the [program](/usc/42/274l–1.md?p=4) to be implemented by the [State](/usc/42/201.md?p=f) with such assistance will maximize the quality of health and support [services](/usc/42/201.md?p=a) available to individuals with HIV/AIDS throughout the [State](/usc/42/201.md?p=f);
    - (E) provides a description of the manner in which [services](/usc/42/201.md?p=a) funded with assistance provided under [section 300ff–21 of this title](/usc/42/300ff–21.md) will be coordinated with other available related [services](/usc/42/201.md?p=a) for individuals with HIV/AIDS;
    - (F) provides a description of how the [allocation](/usc/42/2021b.md?p=2) and utilization of resources are consistent with the statewide coordinated statement of need (including traditionally underserved populations and subpopulations) developed in partnership with other grantees in the [State](/usc/42/201.md?p=f) that receive funding under this subchapter; and
    - (G) includes key outcomes to be measured by all entities in the [State](/usc/42/201.md?p=f) receiving assistance under this subchapter; and[^2]
  - (6) an assurance that the public health [agency](/usc/42/8262.md?p=1) administering the grant for the [State](/usc/42/201.md?p=f) will periodically convene a meeting of individuals with HIV/AIDS, members of a Federally recognized Indian tribe as represented in the [State](/usc/42/201.md?p=f), representatives of grantees under each part under this subchapter, [providers](/usc/42/299b–21.md?p=8), and [public agency](/usc/42/11851.md?p=8) representatives for the purpose of developing a statewide coordinated statement of need;
  - (7) an assurance by the [State](/usc/42/201.md?p=f) that—
    - (A) the public health [agency](/usc/42/8262.md?p=1) that is administering the grant for the [State](/usc/42/201.md?p=f) engages in a public advisory planning process, including public hearings, that includes the [participants](/usc/42/300gg–91.md?p=d-11) under [paragraph (6)](#b-6), and the types of entities described in [section 300ff–12(b)(2) of this title](/usc/42/300ff–12.md?p=b-2), in developing the comprehensive plan under [paragraph (5)](#b-5) and commenting on the implementation of such plan;
    - (B) the [State](/usc/42/201.md?p=f) will—
      - (i) to the maximum extent practicable, ensure that HIV-related health care and support [services](/usc/42/201.md?p=a) delivered pursuant to a [program](/usc/42/274l–1.md?p=4) established with assistance provided under [section 300ff–21 of this title](/usc/42/300ff–21.md) will be provided without regard to the ability of the individual to pay for such [services](/usc/42/201.md?p=a) and without regard to the current or past health condition of the individual with HIV/AIDS;
      - (ii) ensure that such [services](/usc/42/201.md?p=a) will be provided in a setting that is accessible to low-income individuals with HIV/AIDS;
      - (iii) provide outreach to low-income individuals with HIV/AIDS to inform such individuals of the [services](/usc/42/201.md?p=a) available under [section 300ff–21 of this title](/usc/42/300ff–21.md); and
      - (iv) in the case of a [State](/usc/42/201.md?p=f) that intends to use amounts provided under the grant for purposes described in [section 300ff–25 of this title](/usc/42/300ff–25.md), submit a plan to the [Secretary](/usc/42/201.md?p=c) that demonstrates that the [State](/usc/42/201.md?p=f) has established a [program](/usc/42/274l–1.md?p=4) that assures that—
        - (I) such amounts will be targeted to individuals who would not otherwise be able to afford [health insurance coverage](/usc/42/300gg–91.md?p=b-1); and
        - (II) income, asset, and medical expense criteria will be established and applied by the [State](/usc/42/201.md?p=f) to identify those individuals who qualify for assistance under such [program](/usc/42/274l–1.md?p=4), and information concerning such criteria shall be made available to the public;
    - (C) the [State](/usc/42/201.md?p=f) will provide for periodic independent peer review to assess the quality and appropriateness of health and support [services](/usc/42/201.md?p=a) provided by entities that receive funds from the [State](/usc/42/201.md?p=f) under [section 300ff–21 of this title](/usc/42/300ff–21.md);
    - (D) the [State](/usc/42/201.md?p=f) will permit and cooperate with any Federal investigations undertaken regarding [programs](/usc/42/274l–1.md?p=4) conducted under [section 300ff–21 of this title](/usc/42/300ff–21.md);
    - (E) the [State](/usc/42/201.md?p=f) will maintain HIV-related activities at a level that is equal to not less than the level of such expenditures by the [State](/usc/42/201.md?p=f) for the 1-year period preceding the fiscal year for which the [State](/usc/42/201.md?p=f) is applying to receive a grant under [section 300ff–21 of this title](/usc/42/300ff–21.md);
    - (F) the [State](/usc/42/201.md?p=f) will ensure that grant funds are not utilized to make payments for any item or [service](/usc/42/201.md?p=a) to the extent that payment has been made, or can reasonably be expected to be made, with respect to that item or [service](/usc/42/201.md?p=a)—
      - (i) under any [State](/usc/42/201.md?p=f) compensation [program](/usc/42/274l–1.md?p=4), under an insurance policy, or under any Federal or [State](/usc/42/201.md?p=f) health benefits [program](/usc/42/274l–1.md?p=4); or
      - (ii) by an entity that provides health [services](/usc/42/201.md?p=a) on a prepaid basis (except for a [program](/usc/42/274l–1.md?p=4) administered by or providing the [services](/usc/42/201.md?p=a) of the Indian Health [Service](/usc/42/201.md?p=a)); and
    - (G) entities within areas in which activities under the grant are carried out will maintain appropriate relationships with entities in the area served that constitute key points of access to the health care system for individuals with HIV/AIDS (including emergency rooms, substance abuse [treatment](/usc/42/11851.md?p=11) [programs](/usc/42/274l–1.md?p=4), detoxification centers, adult and juvenile detention facilities, sexually transmitted disease clinics, HIV counseling and testing sites, mental health [programs](/usc/42/274l–1.md?p=4), and homeless shelters), and other entities under section[^3] 300ff–22(c) and [300ff–52(a)](/usc/42/300ff–52.md?p=a) of this title, for the purpose of facilitating early intervention for individuals newly diagnosed with HIV/AIDS and individuals knowledgeable of their HIV status but not in care; and
  - (8) a comprehensive plan—
    - (A) containing an identification of individuals with HIV/AIDS as described in clauses (i) through (iii) of [section 300ff–13(b)(2)(A) of this title](/usc/42/300ff–13.md?p=b-2-A) and the strategy required under [section 300ff–12(b)(4)(D)(iv) of this title](/usc/42/300ff–12.md?p=b-4-D-iv);
    - (B) describing the estimated number of individuals within the [State](/usc/42/201.md?p=f) with HIV/AIDS who do not know their status;
    - (C) describing activities undertaken by the [State](/usc/42/201.md?p=f) to find the individuals described in [subparagraph (A)](#b-8-A) and to make such individuals aware of their status;
    - (D) describing the manner in which the [State](/usc/42/201.md?p=f) will provide undiagnosed individuals who are made aware of their status with access to medical [treatment](/usc/42/11851.md?p=11) for their HIV/AIDS; and
    - (E) describing efforts to remove legal barriers, including [State](/usc/42/201.md?p=f) laws and [regulations](/usc/42/201.md?p=d), to routine testing.
- (c) **Requirements regarding imposition of charges for services—**
  - (1) **In general—** The [Secretary](/usc/42/201.md?p=c) may not make a grant under [section 300ff–21 of this title](/usc/42/300ff–21.md) to a [State](/usc/42/201.md?p=f) unless the [State](/usc/42/201.md?p=f) provides assurances that in the provision of [services](/usc/42/201.md?p=a) with assistance provided under the grant—
    - (A) in the case of individuals with an income less than or equal to 100 percent of the [official poverty line](/usc/42/254c–12.md?p=1), the [provider](/usc/42/299b–21.md?p=8) will not impose charges on any such individual for the provision of [services](/usc/42/201.md?p=a) under the grant;
    - (B) in the case of individuals with an income greater than 100 percent of the [official poverty line](/usc/42/254c–12.md?p=1), the [provider](/usc/42/299b–21.md?p=8)—
      - (i) will impose charges on each such individual for the provision of such [services](/usc/42/201.md?p=a); and
      - (ii) will impose charges according to a schedule of charges that is made available to the public;
    - (C) in the case of individuals with an income greater than 100 percent of the [official poverty line](/usc/42/254c–12.md?p=1) and not exceeding 200 percent of such poverty line, the [provider](/usc/42/299b–21.md?p=8) will not, for any calendar year, impose charges in an amount exceeding 5 percent of the annual gross income of the individual involved;
    - (D) in the case of individuals with an income greater than 200 percent of the [official poverty line](/usc/42/254c–12.md?p=1) and not exceeding 300 percent of such poverty line, the [provider](/usc/42/299b–21.md?p=8) will not, for any calendar year, impose charges in an amount exceeding 7 percent of the annual gross income of the individual involved; and
    - (E) in the case of individuals with an income greater than 300 percent of the [official poverty line](/usc/42/254c–12.md?p=1), the [provider](/usc/42/299b–21.md?p=8) will not, for any calendar year, impose charges in an amount exceeding 10 percent of the annual gross income of the individual involved.
  - (2) **Assessment of charge—** With respect to compliance with the assurance made under [paragraph (1)](#c-1), a grantee under [section 300ff–21 of this title](/usc/42/300ff–21.md) may, in the case of individuals subject to a charge for purposes of such paragraph—
    - (A) assess the amount of the charge in the discretion of the grantee, including imposing only a nominal charge for the provision of [services](/usc/42/201.md?p=a), subject to the provisions of such paragraph regarding public schedules regarding limitation on the maximum amount of charges; and
    - (B) take into consideration the medical expenses of individuals in assessing the amount of the charge, subject to such provisions.
  - (3) **Applicability of limitation on amount of charge—** The [Secretary](/usc/42/201.md?p=c) may not make a grant under [section 300ff–21 of this title](/usc/42/300ff–21.md) unless the applicant of the grant agrees that the limitations established in subparagraphs [(C)](#c-1-C), [(D)](#c-1-D), and [(E)](#c-1-E) of paragraph (1) regarding the imposition of charges for [services](/usc/42/201.md?p=a) applies to the annual aggregate of charges imposed for such [services](/usc/42/201.md?p=a), without regard to whether they are characterized as enrollment fees, premiums, deductibles, cost sharing, copayments, coinsurance, or other charges.
  - (4) **Waiver—**
    - (A) **In general—** The [State](/usc/42/201.md?p=f) shall waive the requirements established in paragraphs [(1)](#c-1) through [(3)](#c-3) in the case of an entity that does not, in providing health [care services](/usc/42/300z–1.md?p=a-7), impose a charge or accept reimbursement from any third-party payor, including reimbursement under any insurance policy or under any Federal or [State](/usc/42/201.md?p=f) health benefits [program](/usc/42/274l–1.md?p=4).
    - (B) **Determination—** A determination by the [State](/usc/42/201.md?p=f) of whether an entity referred to in [subparagraph (A)](#c-4-A) meets the criteria for a waiver under such subparagraph shall be made without regard to whether the entity accepts voluntary donations regarding the provision of [services](/usc/42/201.md?p=a) to the public.
- (d) **Requirement of matching funds regarding State allotments—**
  - (1) **In general—** In the case of any [State](/usc/42/201.md?p=f) to which the criterion described in [paragraph (3)](#d-3) applies, the [Secretary](/usc/42/201.md?p=c) may not make a grant under [section 300ff–21 of this title](/usc/42/300ff–21.md) unless the [State](/usc/42/201.md?p=f) agrees that, with respect to the costs to be incurred by the [State](/usc/42/201.md?p=f) in carrying out the [program](/usc/42/274l–1.md?p=4) for which the grant was awarded, the [State](/usc/42/201.md?p=f) will, subject to [subsection (b)(2)](#b-2),[^4] make available (directly or through donations from public or private entities) non-Federal contributions toward such costs in an amount equal to—
    - (A) for the first fiscal year of payments under the grant, not less than 16⅔ percent of such costs ($1 for each $5 of Federal funds provided in the grant);
    - (B) for any second fiscal year of such payments, not less than 20 percent of such costs ($1 for each $4 of Federal funds provided in the grant);
    - (C) for any third fiscal year of such payments, not less than 25 percent of such costs ($1 for each $3 of Federal funds provided in the grant);
    - (D) for any fourth fiscal year of such payments, not less than 33⅓ percent of such costs ($1 for each $2 of Federal funds provided in the grant); and
    - (E) for any subsequent fiscal year of such payments, not less than 33⅓ percent of such costs ($1 for each $2 of Federal funds provided in the grant).
  - (2) **Determination of amount of non-Federal contribution—**
    - (A) **In general—** Non-Federal contributions required in [paragraph (1)](#d-1) may be in cash or in kind, fairly evaluated, including plant, equipment, or [services](/usc/42/201.md?p=a). Amounts provided by the Federal Government, and any portion of any [service](/usc/42/201.md?p=a) subsidized by the Federal Government, may not be included in determining the amount of such non-Federal contributions.
    - (B) **Inclusion of certain amounts—**
      - (i) In making a determination of the amount of non-Federal contributions made by a [State](/usc/42/201.md?p=f) for purposes of [paragraph (1)](#d-1), the [Secretary](/usc/42/201.md?p=c) shall, subject to [clause (ii)](#d-2-B-ii), include any non-Federal contributions provided by the [State](/usc/42/201.md?p=f) for HIV-related [services](/usc/42/201.md?p=a), without regard to whether the contributions are made for [programs](/usc/42/274l–1.md?p=4) established pursuant to this subchapter;
      - (ii) In making a determination for purposes of [clause (i)](#d-2-B-i), the [Secretary](/usc/42/201.md?p=c) may not include any non-Federal contributions provided by the [State](/usc/42/201.md?p=f) as a condition of receiving Federal funds under any [program](/usc/42/274l–1.md?p=4) under this subchapter (except for the [program](/usc/42/274l–1.md?p=4) established in [section 300ff–21 of this title](/usc/42/300ff–21.md)) or under other provisions of law.
  - (3) **Applicability of requirement—**
    - (A) **Number of cases—** A [State](/usc/42/201.md?p=f) referred to in [paragraph (1)](#d-1) is any [State](/usc/42/201.md?p=f) for which the number of cases of HIV/AIDS reported to and confirmed by the [Director](/usc/42/11851.md?p=5) of the Centers for Disease Control and Prevention for the period described in [subparagraph (B)](#d-3-B) constitutes in excess of 1 percent of the aggregate number of such cases reported to and confirmed by the [Director](/usc/42/11851.md?p=5) for such period for the United States.
    - (B) **Period of time—** The period referred to in [subparagraph (A)](#d-3-A) is the 2-year period preceding the fiscal year for which the [State](/usc/42/201.md?p=f) involved is applying to receive a grant under [subsection (a)](#a).
    - (C) **Puerto Rico—** For purposes of [paragraph (1)](#d-1), the number of cases of HIV/AIDS reported and confirmed for the Commonwealth of Puerto Rico for any fiscal year shall be deemed to be less than 1 percent.
  - (4) **Diminished State contribution—** With respect to a [State](/usc/42/201.md?p=f) that does not make available the entire amount of the non-Federal contribution referred to in [paragraph (1)](#d-1), the [State](/usc/42/201.md?p=f) shall continue to be eligible to receive Federal funds under a grant under [section 300ff–21 of this title](/usc/42/300ff–21.md), except that the [Secretary](/usc/42/201.md?p=c) in providing Federal funds under the grant shall provide such funds (in accordance with the ratios prescribed in [paragraph (1)](#d-1)) only with respect to the amount of funds contributed by such [State](/usc/42/201.md?p=f).

## Footnotes

[^1]: So in original. The period probably should be a semicolon.
[^2]: So in original. The word “and” probably should not appear.
[^3]: So in original. Probably should be “sections”.
[^4]: See References in Text note below.

## Source credit

(July 1, 1944, ch. 373, title XXVI, § 2617, as added Pub. L. 101–381, title II, § 201, Aug. 18, 1990, 104 Stat. 590; amended Pub. L. 102–531, title III, § 312(d)(29), Oct. 27, 1992, 106 Stat. 3506; Pub. L. 104–146, §§ 3(c)(4), 12(c)(3), May 20, 1996, 110 Stat. 1355, 1373; Pub. L. 106–345, title II, § 205, Oct. 20, 2000, 114 Stat. 1332; Pub. L. 109–415, title II, § 204(a), (c), (d), title VII, §§ 702(3), 703, Dec. 19, 2006, 120 Stat. 2796, 2797, 2820; Pub. L. 111–87, §§ 2(a)(1), (3)(A), 9, Oct. 30, 2009, 123 Stat. 2885, 2895.)

## Notes

### Editorial Notes

### References in Text

The Social Security Act, referred to in subsec. (b)(5)(A)(ii), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Titles XIX and XXI of the Act are classified generally to subchapters XIX (§ 1396 et seq.) and XXI (§ 1397aa et seq.), respectively, of chapter 7 of this title. For complete classification of this Act to the Code, see section 1305 of this title and Tables.

Subsection (b)(2), referred to in subsec. (d)(1), was redesignated subsec. (b)(4) by Pub. L. 106–345, title II, § 205(a)(1), Oct. 20, 2000, 114 Stat. 1332, and then subsec. (b)(5) by Pub. L. 109–415, title II, § 204(c)(2), Dec. 19, 2006, 120 Stat. 2796.

### 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. (b)(8). Pub. L. 111–87, § 9, added par. (8).

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.

Pub. L. 109–415, § 204(a), substituted “section 300ff–21 of this title” for “this part” wherever appearing in subsecs. (a), (b), (c)(2), and (d).

Subsec. (b). Pub. L. 109–415, § 702(3), substituted “HIV/AIDS” for “HIV disease” wherever appearing.

Subsec. (b)(4). Pub. L. 109–415, § 204(c)(1)(B), added par. (4). Former par. (4) redesignated (5).

Subsec. (b)(5). Pub. L. 109–415, § 204(c)(1)(A), redesignated par. (4) as (5). Former par. (5) redesignated (6).

Subsec. (b)(5)(G). Pub. L. 109–415, § 204(c)(1)(C), added subpar. (G).

Subsec. (b)(6). Pub. L. 109–415, § 204(c)(2), inserted “members of a Federally recognized Indian tribe as represented in the State,” before “representatives of grantees”.

Pub. L. 109–415, § 204(c)(1)(A), redesignated par. (5) as (6). Former par. (6) redesignated (7).

Subsec. (b)(7). Pub. L. 109–415, § 204(c)(1)(A), redesignated par. (6) as (7).

Subsec. (b)(7)(A). Pub. L. 109–415, § 204(c)(1)(D), substituted “paragraph (6)” for “paragraph (5)” and “paragraph (5)” for “paragraph (4)”.

Subsec. (b)(7)(F)(ii). Pub. L. 109–415, § 204(c)(3), inserted “(except for a program administered by or providing the services of the Indian Health Service)” before semicolon.

Subsec. (d)(3)(A), (C). Pub. L. 109–415, § 204(d), substituted “HIV/AIDS” for “acquired immune deficiency syndrome”.

2000—Subsec. (b)(2), (3). Pub. L. 106–345, § 205(a)(2), added pars. (2) and (3). Former pars. (2) and (3) redesignated (4) and (5), respectively.

Subsec. (b)(4). Pub. L. 106–345, § 205(a)(3)(A), (B), in introductory provisions substituted “comprehensive plan that describes the organization” for “comprehensive plan for the organization” and “, and that—” for “, including—”.

Pub. L. 106–345, § 205(a)(1), redesignated par. (2) as (4). Former par. (4) redesignated (6).

Subsec. (b)(4)(A) to (C). Pub. L. 106–345, § 205(a)(3)(D), which directed the amendment of par. (4) by adding subpars. (A) to (C) “before subparagraph (C)”, was executed by adding them before subpar. (D), to reflect the probable intent of Congress. Former subpars. (A) to (C) redesignated (D) to (F), respectively.

Subsec. (b)(4)(D). Pub. L. 106–345, § 205(a)(3)(C), (E), redesignated subpar. (A) as (D) and inserted “describes” before “the services and activities”.

Subsec. (b)(4)(E). Pub. L. 106–345, § 205(a)(3)(C), (F), redesignated subpar. (B) as (E) and inserted “provides” before “a description”.

Subsec. (b)(4)(F). Pub. L. 106–345, § 205(a)(3)(C), (G), redesignated subpar. (C) as (F) and inserted “provides” before “a description”.

Subsec. (b)(5). Pub. L. 106–345, § 205(a)(1), (b)(1), redesignated par. (3) as (5) and substituted “HIV disease” for “HIV”.

Subsec. (b)(6). Pub. L. 106–345, § 205(a)(1), redesignated par. (4) as (6).

Subsec. (b)(6)(A). Pub. L. 106–345, § 205(b)(2), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “the public health agency that is administering the grant for the State will conduct public hearings concerning the proposed use and distribution of the assistance to be received under this part;”.

Subsec. (b)(6)(G). Pub. L. 106–345, § 205(c), added subpar. (G).

1996—Subsec. (b)(2)(C). Pub. L. 104–146, § 3(c)(4)(A), added subpar. (C).

Subsec. (b)(3). Pub. L. 104–146, § 3(c)(4)(C), added par. (3). Former par. (3) redesignated (4).

Subsec. (b)(4). Pub. L. 104–146, § 3(c)(4)(B), redesignated par. (3) as (4).

Subsec. (b)(4)(B)(iv). Pub. L. 104–146, § 12(c)(3), which directed amendment of par. (3)(B)(iv) by inserting “section” before “300ff–25”, was executed by making the amendment in par. (4)(B)(iv) to reflect the probable intent of Congress and the redesignation of par. (3) as (4) by Pub. L. 104–146, § 3(c)(4)(B). See above.

1992—Subsec. (d)(3)(A). Pub. L. 102–531 substituted “Centers for Disease Control and Prevention” for “Centers for Disease Control”.

### 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 9 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.

### Effective Date of 1996 Amendment

Amendment by Pub. L. 104–146 effective Oct. 1, 1996, see section 13 of Pub. L. 104–146, set out as a note under section 300ff–11 of this title.