
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC300ee-17]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
   SUBCHAPTER XXIII--PREVENTION OF ACQUIRED IMMUNE DEFICIENCY SYNDROME
 
                    Part A--Formula Grants to States
 
Sec. 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) of this 
    section; or
        (2) the amount determined in accordance with subsection (c) of 
    this section.

(b) Determination of minimum allotment

    (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) of this section 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) of this 
section 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) of this section shall be $100,000 for 
the fiscal year.

(c) Determination under formula

    (1) The amount referred to in subsection (a)(2) of this section 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.

(July 1, 1944, ch. 373, title XXV, formerly title XV, Sec. 2507, as 
added Pub. L. 100-607, title II, Sec. 221, Nov. 4, 1988, 102 Stat. 3098; 
amended Pub. L. 100-690, title II, Sec. 2619(e) [(f)], Nov. 18, 1988, 
102 Stat. 4243; renumbered title XXV and amended Pub. L. 101-93, 
Sec. 5(e)(1), (2), Aug. 16, 1989, 103 Stat. 612.)


                            Prior Provisions

    A prior section 2507 of act July 1, 1944, was successively 
renumbered by subsequent acts, see section 238f of this title.


                               Amendments

    1989--Subsec. (a). Pub. L. 101-93, Sec. 5(e)(2), substituted 
``Subject to the extent of amounts made available in appropriation Acts, 
the allotment'' for ``The allotment''.
    1988--Subsec. (a)(1). Pub. L. 100-690, Sec. 2619(e)(1) [(f)(1)], 
substituted ``applicable amount specified'' for ``amount described''.
    Subsec. (b)(1). Pub. L. 100-690, Sec. 2619(e)(2)(A)(i) 
[(f)(2)(A)(i)], made technical amendment to reference to section 300ee-
24(a) of this title to correct reference to corresponding provision of 
original act.
    Pub. L. 100-690, Sec. 2619(e)(2)(A)(ii) [(f)(2)(A)(ii)], substituted 
``subsection (a)(1) of this section shall be'' for ``subsection (a)(1) 
of this section is''.
    Subsec. (b)(2), (3). Pub. L. 100-690, Sec. 2619(e)(2)(B), (C) 
[(f)(2)(B), (C)], substituted ``subsection (a)(1) of this section shall 
be'' for ``subsection (a)(1) of this section is''.
    Subsec. (d). Pub. L. 100-690, Sec. 2619(e)(3) [(f)(3)], substituted 
``allotment under section 300ee-11(a) of this title'' for ``allotment'' 
in par. (1) and ``section 300ee-13 of this title'' for ``section 300ee-
17 of this title'' in par. (2)(A).


                    Effective Date of 1988 Amendment

    Amendment by Pub. L. 100-690 effective immediately after enactment 
of Pub. L. 100-607, which was approved Nov. 4, 1988, see section 2600 of 
Pub. L. 100-690, set out as a note under section 242m of this title.

                  Section Referred to in Other Sections

    This section is referred to in section 300ee-11 of this title.
