PUBLIC LAW 101-381—AUG. 18, 1990 104 STAT. 601 "(A) In making a determination of the amount of non- Federal contributions made by a State for purposes of subsection (a), 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 title. "(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 title (except for the program established in section 2641) 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) 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 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 2641. "(2) EXEMPTION.—For purposes of paragraph (1), the number Puerto Rico, 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 gmiount of the non-Federal contribution referred to in subsection (a), the State shall continue to be eligible to receive Federal funds under a grant under section 2641, 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. "SEC. 2644. OFFERING AND ENCOURAGING EARLY INTERVENTION SERV- 42 USC 300ff-44. ICES. "(a) IN GENERAL. —The Secretary may not make a grant under section 2641 unless, in the Case of entities to which the State provides amounts from the grant for the provision of early intervention services, the State involved gigrees that— "(1) if the entity is a health care provider that regularly provides treatment for sexually transmitted diseases, the entity will offer and encourage such services with respect to individuals to whom the entity provides such treatment; "(2) if the entity is a health care provider that regularly provides treatment for intravenous substance abuse, the entity will offer and encourage such services with respect to individuals to whom the entity provides such treatment; "(3) if the entity is a family planning clinic, the entity will offer and encourage such services with respect to individuals to whom the entity provides family planning services and whom the entity has reason to believe has HIV disease; and
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