42 USC 300ee-17 – Determination of amount of allotments for States
(a) Minimum allotment
Subject to the extent of amounts made available in appropriation Acts, the allotment for a State under section 300ee-11(a) of this title for a fiscal year shall be the greater of—
(1) the applicable amount specified in subsection (b); or
(2) the amount determined in accordance with subsection (c).
(b) Determination of minimum allotment
Terms Used In 42 USC 300ee-17
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Secretary: means the Secretary of Health and Human Services. See 42 USC 201
- State: includes , in addition to the several States, only the District of Columbia, Guam, the Commonwealth of Puerto Rico, the Northern Mariana Islands, the Virgin Islands, American Samoa, and the Trust Territory of the Pacific Islands. See 42 USC 201
(1) If the total amount appropriated under section 300ee-24(a) of this title for a fiscal year exceeds $100,000,000, the amount referred to in subsection (a)(1) shall be $300,000 for the fiscal year.
(2) If the total amount appropriated under section 300ee-24(a) of this title for a fiscal year equals or exceeds $50,000,000, but is less than $100,000,000, the amount referred to in subsection (a)(1) shall be $200,000 for the fiscal year.
(3) If the total amount appropriated under section 300ee-24(a) of this title for a fiscal year is less than $50,000,000, the amount referred to in subsection (a)(1) shall be $100,000 for the fiscal year.
(c) Determination under formula
(1) The amount referred to in subsection (a)(2) is the sum of—
(A) the amount determined under paragraph (2); and
(B) the amount determined under paragraph (3).
(2) The amount referred to in paragraph (1)(A) is the product of—
(A) an amount equal to 50 percent of the amounts appropriated pursuant to section 300ee-24(a) of this title; and
(B) a percentage equal to the quotient of—
(i) the population of the State involved; divided by
(ii) the population of the United States.
(3) The amount referred to in paragraph (1)(B) is the product of—
(A) an amount equal to 50 percent of the amounts appropriated pursuant to section 300ee-24(a) of this title; and
(B) a percentage equal to the quotient of—
(i) the number of additional cases of acquired immune deficiency syndrome reported to and confirmed by the Secretary for the State involved for the most recent fiscal year for which such data is available; divided by
(ii) the number of additional cases of such syndrome reported to and confirmed by the Secretary for the United States for such fiscal year.
(d) Disposition of certain funds appropriated for allotments
(1) Amounts described in paragraph (2) shall be allotted by the Secretary to States receiving payments under section 300ee-11(a) of this title for the fiscal year (other than any State referred to in paragraph (2)(C)). Such amounts shall be allotted according to a formula established by the Secretary. The formula shall be equivalent to the formula described in this section under which the allotment under section 300ee-11(a) of this title for the State for the fiscal year involved was determined.
(2) The amounts referred to in paragraph (1) are any amounts that are not paid to States under section 300ee-11(a) of this title as a result of—
(A) the failure of any State to submit an application under section 300ee-13 of this title;
(B) the failure, in the determination of the Secretary, of any State to prepare within a reasonable period of time such application in compliance with such section; or
(C) any State informing the Secretary that the State does not intend to expend the full amount of the allotment made to the State.