Sec. 2609. ESTABLISHMENT OF PROGRAM

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## SEC. 2609 ESTABLISHMENT OF PROGRAM **[**300ff–19**]** ###

(a)In General The Secretary, acting through the Administrator of the Health Resources and Services Administration, shall make grants for the purpose of providing services described in section 2604 in transitional areas, subject to the same provisions regarding the allocation of grant funds as apply under subsection

(c)of such section. ###

(b)Transitional Areas For purposes of this section, the term “**transitional area**” means, subject to subsection (c), a metropolitan area for which there has been reported to and confirmed by the Director 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)for fiscal year 2011, a metropolitan area 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 and does not qualify under subsection

(b)as a transitional area shall, notwithstanding subsection (b), be considered a transitional area. ####

(2)Continued status as transitional area #####

(A)In general Notwithstanding subsection (b), a metropolitan area that is a transitional area for a fiscal year continues, except as provided in subparagraph (B), to be a transitional area until the metropolitan area fails, for three consecutive fiscal years— ######

(i)to qualify under such subsection as a transitional area; and ######

(ii)subject to subparagraphs

(B)and (C), to have a cumulative total of 1,500 or more living cases of AIDS (reported to and confirmed by the Director 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) for a fiscal year after fiscal year 2008, in the case of a metropolitan area 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)and

(B)do not apply for a fiscal year if the metropolitan area involved qualifies under subpart I as an eligible area. ###

(d)Application of Certain Provisions of Subpart I ####

(1)Administration; planning council #####

(A)In general The provisions of section 2602 apply with respect to a grant under subsection

(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, except that, subject to subparagraph (B), the chief elected official of the transitional area may elect not to comply with the provisions of section 2602(b) if the official provides documentation to the Secretary 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). #####

(B)Exception For each of the fiscal years 2007 through 2013, the exception described in subparagraph

(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 2603 apply with respect to grants under subsection

(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)and (C). #####

(B)Formula grants; increase in grant For purposes of subparagraph (A), section 2603(a)(4) does not apply. #####

(C)Supplemental grants; single program with subpart i program With respect to section 2603(b) as applied for purposes of subparagraph (A): ######

(i)The Secretary shall combine amounts available pursuant to such subparagraph with amounts available for carrying out section 2603(b) and shall administer the two programs as a single program. ######

(ii)In the single program, the Secretary has discretion in allocating amounts between eligible areas under subpart I and transitional areas under this section, subject to the eligibility criteria that apply under such section, and subject to section 2603(b)(2)(C) (relating to priority in making grants). ######

(iii)Pursuant to section 2603(b)(1), amounts for the single program are subject to use under sections 2603(a)(4) and 2610(d)(1). ####

(3)Application; technical assistance; definitions The provisions of sections 2605, 2606, and 2607 apply with respect to grants under subsection

(a)to the same extent and in the same manner as such provisions apply with respect to grants under subpart I. #### Subpart III General Provisions