106 STAT. 392 PUBLIC LAW 102-321—JULY 10, 1992 that so began operation may participate in a project under paragraph (1) without regard to whether the program has been providing early intervention services for HIV disease. "(4) APPLICABLE PERCENTAGE REGARDING EXPENDITURES FOR SERVICES.— "(A)(i) For purposes of paragraph (1)(B), the percentage that is applicable under this paragraph for a designated State is, subject to subparagraph (B), the percentage by which the amount of the grant under section 1921 for the State for the fiscal year involved is an increase over the amount specified in clause (ii). "(ii) The amount specified in this clause is the amount that was reserved by the designated State involved from the allotment of the State under section 1912A for fiscal year 1991 in compliance with section 1916(c)(6)(A)(ii) (as such sections were in effect for such fiscal year). "(B) If the percentage determined under subparagraph (A) for a designated State for a fiscal year is less than 2 percent (including a negative percentage, in the case of a State for which there is no increase for purposes of such subparagraph), the percentage applicable under this paragraph for the State is 2 percent. If the percentage so determined is 2 percent or more, the percentage applicable under this paragraph for the State is the percentage determined under subparagraph (A), subject to not exceeding 5 percent. "(5) REQUIREMENT REGARDING RURAL AREAS. — "(A) A funding agreement for a grant under section 1921 for a designated State is that, if the State will carry out 2 or more projects \mder paragraph (1), the State will carry out 1 such project in a rural area of the State, subject to subparagraph (B). "(B) The Secretary shall waive the requirement established in subparagraph (A) if the State involved certifies to the Secretary that— "(i) there is insufficient demand in the State to carry out a project under paragraph (1) in any rural area of the State; or "(ii) there are no rural areas in the State. "(6) MANNER OF PROVIDING SERVICES. — With respect to the provision of early intervention services for HIV disease to an individual, a funding agreement for a grant under section 1921 for a designated State is that— "(A) such services will be undertaken voluntarily by, and with the informed consent of, the individual; and "(B) undergoing such services will not be required as a condition of receiving treatment services for substance abuse or any other services. "(7) DEFINITIONS. — For purposes of this subsection: "(A) The term 'designated State' means a State described in paragraph (2). "(B) The term 'early intervention services', with respect to HIV disease, means— "(i) appropriate pretest counseling; " (ii) testing individusds with respect to such disease, including tests to confirm the presence of the disease, tests to diagnose the extent of the deficiency in the
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