104 STAT. 594 PUBLIC LAW 101-381—AUG. 18, 1990 "(B) for any second fiscal year of such pa3anents, not less than 20 percent of such costs ($1 for each $4 of Federal funds provided in the grant); "(C) for any third fiscal year of such pajmo^ents, not less than 25 percent of such costs ($1 for each $3 of Federal funds provided in the grant); "(D) for any fourth fiscal year of such payments, not less than 33 Vs percent of such costs ($1 for each $2 of Federal funds provided in the grant); and "(E) for any subsequent fiscal year of such payments, not less than 33 Vs percent of such costs ($1 for each $2 of Federal funds provided in the grant). "(2) DETERMINATION OF AMOUNT OF NON-FEDERAL CONTRIBU- TION. — "(A) IN GENERAL.— Non-Federal contributions required in paragraph (1) 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. "(B) INCLUSION OF CERTAIN AMOUNTS.— "(i) In making a determination of the amount of non- Federal contributions made by a State for purposes of paragraph (1), the Secretary shall, subject to clause (ii), 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 title; "(ii) In making a determination for purposes of clause (i), 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 title (except for the program established in this part) or under other provisions of law. " (3) APPLICABILITY OF REQUIREMENT.— "(A) NUMBER OF CASES. —A State referred to in paragraph (1) is any State for which the number of cases of acquired immune deficiency syndrome reported to and confirmed by the Director of the Centers for Disease Control for the period described in subparagraph (B) constitutes in excess of 1 percent of the aggregate number of such cases reported to and confirmed by the Director for such period for the United States. "(B) PERIOD OF TIME. — 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 subsection (a). "(C) PUERTO RICO. — For purposes of paragraph (1), the number of cases of acquired immune deficiency s3nidrome reported and confirmed for the Commonwealth of Puerto Rico for any fiscal year shall be deemed to be less than 1 percent. "(4) DIMINISHED STATE CONTRIBUTION. — With respect to a State that does not make available the entire amount of the non- Federal contribution referred to in paragraph (1), the State shall continue to be eligible to receive Federal funds under a
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