§300ff–28. Distribution of funds
(a) Special projects of national significance
(1) In general
Of the amount appropriated under section 300ff–30 of this title for each fiscal year, the Secretary shall use not to exceed 10 percent of such amount to establish and administer a special projects of national significance program to award direct grants to public and nonprofit private entities including community-based organizations to fund special programs for the care and treatment of individuals with HIV disease.
(2) Grants
The Secretary shall award grants under subsection (a) of this section based on-
(A) the need to assess the effectiveness of a particular model for the care and treatment of individuals with HIV disease;
(B) the innovative nature of the proposed activity; and
(C) the potential replicability of the proposed activity in other similar localities or nationally.
(3) Special projects
Special projects of a national significance may include those that are designed to-
(A) establish a system designed to increase the number of health care facilities willing and able to serve low-income individuals and families with HIV disease;
(B) deliver drug abuse treatment and HIV health care services at a single location, through either an outpatient or residential facility;
(C) provide support and respite care for participants in family-based care networks critical to the delivery of comprehensive HIV care in the minority community;
(D) deliver an enhanced spectrum of comprehensive health care and support services to underserved hemophilia populations, including minorities and those in rural and underserved areas, utilizing established networks of hemophilia diagnostic and treatment centers and community-based outreach systems;
(E) deliver HIV health care and support services to Indians with HIV disease and their families;
(F) improve the provision of HIV health care and support services to individuals and families with HIV disease located in rural areas;
(G) deliver HIV health care and support services to homeless individuals and families with HIV disease; and
(H) deliver HIV health care and support services to individuals with HIV disease who are incarcerated.
(b) Amount of grant to State
(1) Minimum allotment
Subject to the extent of amounts made available under section 300ff–30 of this title, the amount of a grant to be made under this part for-
(A) each of the several States and the District of Columbia for a fiscal year shall be the greater of-
(i) $100,000, and
(ii) an amount determined under paragraph (2); and
(B) each territory of the United States, as defined in paragraph 3,1 shall be an amount determined under paragraph (2).
(2) Determination
(A) Formula
The amount referred to in paragraph (1)(A)(ii) for a State and paragraph (1)(B) for a territory of the United States shall be the product of-
(i) an amount equal to the amount appropriated under section 300ff–30 of this title for the fiscal year involved; and
(ii) the ratio of the distribution factor for the State or territory to the sum of the distribution factors for all the States or territories.
(B) Distribution factor
As used in subparagraph (A)(ii), the term "distribution factor" means-
(i) in the case of a State, the product of-
(I) the number of cases of acquired immune deficiency syndrome in the State, as indicated by the number of cases reported to and confirmed by the Secretary for the 2 most recent fiscal years for which such data are available; and
(II) the cube root of the ratio (based on the most recent available data) of-
(aa) the average per capita income of individuals in the United States (including the territories); to
(bb) the average per capita income of individuals in the State; and
(ii) in the case of a territory of the United States the number of additional cases of such syndrome in the specific territory, as indicated by the number of cases reported to and confirmed by the Secretary for the 2 most recent fiscal years for which such data is available.
(3) Definitions
As used in this subsection-
(A) the term "State" means each of the 50 States, the District of Columbia and the Commonwealth of Puerto Rico; and
(B) the term "territory of the United States" means the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and the Republic of the Marshall Islands.
(c) Allocation of assistance by States
(1) Consortia
In a State that has reported 1 percent or more of all AIDS cases reported to and confirmed by the Centers for Disease Control and Prevention in all States, not less than 50 percent of the amount received by the State under a grant awarded under this part shall be utilized for the creation and operation of community-based comprehensive care consortia under section 300ff–23 of this title, in those areas within the State in which the largest number of individuals with HIV disease reside.
(2) Allowances
Prior to allocating assistance under this subsection, a State shall consider the unmet needs of those areas that have not received financial assistance under part A of this subchapter.
(3) Planning and evaluations
A State may not use in excess of 5 percent of amounts received under a grant awarded under this part for planning and evaluation activities.
(4) Administration
A State may not use in excess of 5 percent of amounts received under a grant awarded under this part for administration, accounting, reporting, and program oversight functions.
(5) Construction
A State may not use amounts received under a grant awarded under this part to purchase or improve land, or to purchase, construct, or permanently improve (other than minor remodeling) any building or other facility, or to make cash payments to intended recipients of services.
(d) Expedited distribution
(1) In general
Not less than 75 percent of the amounts received under a grant awarded to a State under this part shall be obligated to specific programs and projects and made available for expenditure not later than-
(A) in the case of the first fiscal year for which amounts are received, 150 days after the receipt of such amounts by the State; and
(B) in the case of succeeding fiscal years, 120 days after the receipt of such amounts by the State.
(2) Public comment
Within the time periods referred to in paragraph (1), the State shall invite and receive public comment concerning methods for the utilization of such amounts.
(e) Reallocation
Any amounts appropriated in any fiscal year and made available to a State under this part that have not been obligated as described in subsection (d) of this section shall be repaid to the Secretary and reallotted to other States in proportion to the original grants made to such States.
(July 1, 1944, ch. 373, title XXVI, §2618, as added Aug. 18, 1990,
Amendments
1992-Subsec. (c)(1).