§ 300ff–30.
(b)
Eligibility
To be eligible to receive a supplemental grant under subsection (a), a State shall—
(1)
be eligible to receive a grant under this subpart;
(2)
demonstrate the existence in the State of an emerging community as defined in subsection (d)(1);
(3)
agree that the grant will be used to provide funds directly to emerging communities in the State, separately from other funds under this subchapter that are provided by the State to such communities; and
(4)
submit the information described in subsection (c).
(c)
Reporting requirements
A State that desires a grant under this section shall, as part of the State application submitted under
section 300ff–27 of this title, submit a detailed description of the manner in which the State will use amounts received under the grant and of the severity of need. Such description shall include—
(1)
a report concerning the dissemination of supplemental funds under this section and the plan for the utilization of such funds in the emerging community;
(2)
a demonstration of the existing commitment of local resources, both financial and in-kind;
(3)
a demonstration that the State will maintain HIV-related activities at a level that is equal to not less than the level of such activities in the State for the 1-year period preceding the fiscal year for which the State is applying to receive a grant under
section 300ff–21 of this title;
(4)
a demonstration of the ability of the State to utilize such supplemental financial resources in a manner that is immediately responsive and cost effective;
(5)
a demonstration that the resources will be allocated in accordance with the local demographic incidence of AIDS including appropriate allocations for services for infants, children, women, and families with HIV/AIDS;
(6)
a demonstration of the inclusiveness of the planning process, with particular emphasis on affected communities and individuals with HIV/AIDS; and
(7)
a demonstration of the manner in which the proposed services are consistent with local needs assessments and the statewide coordinated statement of need.
(e)
Continued status as emerging community
Notwithstanding any other provision of this section, a metropolitan area that is an emerging community for a fiscal year continues to be an emerging community until the metropolitan area fails, for three consecutive fiscal years—
(1)
to meet the requirements of subsection (d); and
(2)
to have a cumulative total of 750 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.
([July 1, 1944, ch. 373], title XXVI, § 2621, formerly § 2620, as added [Pub. L. 106–345, title II, § 207(2)], Oct. 20, 2000, [114 Stat. 1337]; renumbered § 2621 and amended [Pub. L. 109–415, title II], §§ 204(a), 205(1), 206, title VII, §§ 702(3), 703, Dec. 19, 2006, [120 Stat. 2796], 2797, 2799, 2820; [Pub. L. 111–87, § 2(a)(1)], (3)(A), Oct. 30, 2009, [123 Stat. 2885].)