Pub. L. 109-415, tit. II, sec. 206
EMERGING COMMUNITIES.
SEC. 206. EMERGING COMMUNITIES. Section 2621 of the Public Health Service Act, as redesignated by section 205(1) of this Act, is amended—(1) in the heading for the section, by striking “supplemental grants” and inserting “emerging communities”;(2) in subsection (b)—(A) in paragraph (2), by striking “and” at the end;(B) by redesignating paragraph (3) as paragraph (4); and(C) by inserting after paragraph (2) the following:“(3) agree that the grant will be used to provide funds directly to emerging communities in the State, separately from other funds under this title that are provided by the State to such communities; and”.(3) by striking subsections (d) and (e) and inserting the following:“(d) Definitions of Emerging Community.—For purposes of this section, the term ‘emerging community’ means a metropolitan area (as defined in section 2607) 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 500, but fewer than 1,000, cases of AIDS during the most recent period of 5 calendar years for which such data are available.“(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.“(f) Distribution.—The amount of a grant under subsection (a) for a State for a fiscal year shall be an amount equal to the product of—“(1) the amount available under section 2623(b)(1) for the fiscal year; and“(2) a percentage equal to the ratio constituted by the number of living cases of HIV/AIDS in emerging communities in the State to the sum of the respective numbers of such cases in such communities for all States.”.