
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-345 Section 301(a)]
[CITE: 42USC300ff-43]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
            SUBCHAPTER XXIV--HIV HEALTH CARE SERVICES PROGRAM
 
                   Part C--Early Intervention Services
 
                  subpart i--formula grants for states
 
Sec. 300ff-43. Requirement of matching funds


(a) In general

    In the case of any State to which the criterion described in 
subsection (c) of this section applies, the Secretary may not make a 
grant under section 300ff-41 of this title unless the State agrees that, 
with respect to the costs to be incurred by the State in carrying out 
the purpose referred to in such subsection, the State will, subject to 
subsection (b)(2) of this section, make available (directly or through 
donations from public or private entities) non-Federal contributions 
toward such costs in an amount equal to--
        (1) for the first fiscal year for which such criterion applies 
    to the State, not less than 16\2/3\ percent of such costs ($1 for 
    each $5 of Federal funds provided in the grant);
        (2) for any second such fiscal year, not less than 20 percent of 
    such costs ($1 for each $4 of Federal funds provided in the grant);
        (3) for any third such fiscal year, not less than 25 percent of 
    such costs ($1 for each $3 of Federal funds provided in the grant); 
    and
        (4) for any subsequent fiscal year, not less than 33\1/3\ 
    percent of such costs ($1 for each $2 of Federal funds provided in 
    the grant).

(b) Determination of amount of non-Federal contribution

                           (1) In general

        Non-Federal contributions required in subsection (a) of this 
    section may be in cash or in kind, fairly evaluated, including 
    plant, equipment, or services. Amounts provided by the Federal 
    Government, and any portion of any service subsidized by the Federal 
    Government, may not be included in determining the amount of such 
    non-Federal contributions.

                  (2) Inclusion of certain amounts

        (A) In making a determination of the amount of non-Federal 
    contributions made by a State for purposes of subsection (a) of this 
    section, the Secretary shall, subject to subparagraph (B), include 
    any non-Federal contributions provided by the State for HIV-related 
    services, without regard to whether the contributions are made for 
    programs established pursuant to this subchapter.
        (B) In making a determination for purposes of subparagraph (A), 
    the Secretary may not include any non-Federal contributions provided 
    by the State as a condition of receiving Federal funds under any 
    program under this subchapter (except for the program established in 
    section 300ff-41 of this title) or under other provisions of law.

(c) Applicability of matching requirement

             (1) Percentage of national number of cases

        (A) The criterion referred to in subsection (a) of this section 
    is, with respect to a State, that the number of cases of acquired 
    immune deficiency syndrome reported to and confirmed by the Director 
    of the Centers for Disease Control and Prevention for the State for 
    the period described in subparagraph (B) constitutes more than 1 
    percent of the number of such cases reported to and confirmed by the 
    Director for the United States for such period.
        (B) The period referred to in subparagraph (A) is the 2-year 
    period preceding the fiscal year for which the State involved is 
    applying to receive a grant under section 300ff-41 of this title.

                            (2) Exemption

        For purposes of paragraph (1), the number of cases of acquired 
    immune deficiency syndrome reported and confirmed for the 
    Commonwealth of Puerto Rico for any fiscal year shall be deemed to 
    be less than 1 percent.

(d) Diminished State contribution

    With respect to a State that does not make available the entire 
amount of the non-Federal contribution referred to in subsection (a) of 
this section, the State shall continue to be eligible to receive Federal 
funds under a grant under section 300ff-41 of this title, except that 
the Secretary in providing Federal funds under the grant shall provide 
such funds (in accordance with the ratios prescribed in paragraph (1)) 
only with respect to the amount of funds contributed by such State.

(July 1, 1944, ch. 373, title XXVI, Sec. 2643, as added Pub. L. 101-381, 
title III, Sec. 301(a), Aug. 18, 1990, 104 Stat. 600; amended Pub. L. 
102-531, title III, Sec. 312(d)(32), Oct. 27, 1992, 106 Stat. 3506.)


                               Amendments

    1992--Subsec. (c)(1)(A). Pub. L. 102-531 substituted ``Centers for 
Disease Control and Prevention'' for ``Centers for Disease Control''.
