
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-345 Section 206]
[CITE: 42USC300ff-28]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
            SUBCHAPTER XXIV--HIV HEALTH CARE SERVICES PROGRAM
 
                       Part B--Care Grant Program
 
                   subpart i--general grant provisions
 
Sec. 300ff-28. Distribution of funds


(a) Repealed. Pub. L. 104-146, Sec. 3(g)(2), May 20, 1996, 110 Stat. 
        1363

(b) Amount of grant to State

                        (1) Minimum allotment

        Subject to the extent of amounts made available under section 
    300ff-77 of this title, the amount of a grant to be made under this 
    part for--
            (A) each of the several States and the District of Columbia 
        for a fiscal year shall be the greater of--
                (i)(I) with respect to a State or District that has less 
            than 90 living cases of acquired immune deficiency syndrome, 
            as determined under paragraph (2)(D), $100,000; or
                (II) with respect to a State or District that has 90 or 
            more living cases of acquired immune deficiency syndrome, as 
            determined under paragraph (2)(D), $250,000;
                (ii) an amount determined under paragraph (2); and

            (B) each territory of the United States, as defined in 
        paragraph (3), shall be an amount determined under paragraph 
        (2).

                          (2) Determination

        (A) Formula

            The amount referred to in paragraph (1)(A)(ii) for a State 
        and paragraph (1)(B) for a territory of the United States shall 
        be the product of--
                (i) an amount equal to the amount appropriated under 
            section 300ff-77 of this title for the fiscal year involved 
            for grants under this part, subject to subparagraph (H); and
                (ii) the percentage constituted by the sum of--
                    (I) the product of .80 and the ratio of the State 
                distribution factor for the State or territory (as 
                determined under subsection (B)) to the sum of the 
                respective State distribution factors for all States or 
                territories; and
                    (II) the product of .20 and the ratio of the non-EMA 
                distribution factor for the State or territory (as 
                determined under subparagraph (C)) to the sum of the 
                respective distribution factors for all States or 
                territories.

        (B) State distribution factor

            For purposes of subparagraph (A)(ii)(I), the term ``State 
        distribution factor'' means an amount equal to the estimated 
        number of living cases of acquired immune deficiency syndrome in 
        the eligible area involved, as determined under subparagraph 
        (D).

        (C) Non-EMA distribution factor

            For purposes of subparagraph (A)(ii)(II), the term ``non-ema 
        \1\ distribution factor'' means an amount equal to the sum of--
---------------------------------------------------------------------------
    \1\ So in original. Probably should be `` `non-EMA''.
---------------------------------------------------------------------------
                (i) the estimated number of living cases of acquired 
            immune deficiency syndrome in the State or territory 
            involved, as determined under subparagraph (D); less
                (ii) the estimated number of living cases of acquired 
            immune deficiency syndrome in such State or territory that 
            are within an eligible area (as determined under part A of 
            this subchapter).

        (D) Estimate of living cases

            The amount determined in this subparagraph is an amount 
        equal to the product of--
                (i) the number of cases of acquired immune deficiency 
            syndrome in the State or territory during each year in the 
            most recent 120-month period for which data are available 
            with respect to all States and territories, as indicated by 
            the number of such cases reported to and confirmed by the 
            Director of the Centers for Disease Control and Prevention 
            for each year during such period; and
                (ii) with respect to each of the first through the tenth 
            year during such period, the amount referred to in section 
            300ff-13(a)(3)(C)(ii) of this title.

        (E) Puerto Rico, Virgin Islands, Guam

            For purposes of subparagraph (D), the cost index for Puerto 
        Rico, the Virgin Islands, and Guam shall be 1.0.

        (F) Unexpended funds

            The Secretary may, in determining the amount of a grant for 
        a fiscal year under this subsection, adjust the grant amount to 
        reflect the amount of unexpended and uncanceled grant funds 
        remaining at the end of the fiscal year preceding the year for 
        which the grant determination is to be made. The amount of any 
        such unexpended funds shall be determined using the financial 
        status report of the grantee.

        (G) Limitation

            (i) In general

                The Secretary shall ensure that the amount of a grant 
            awarded to a State or territory for a fiscal year under this 
            part is equal to not less than--
                    (I) with respect to fiscal year 1996, 100 percent;
                    (II) with respect to fiscal year 1997, 99 percent;
                    (III) with respect to fiscal year 1998, 98 percent;
                    (IV) with respect to fiscal year 1999, 96.5 percent; 
                and
                    (V) with respect to fiscal year 2000, 95 percent;

          of the amount such State or territory received for fiscal year 
            1995 under this part. In administering this subparagraph, 
            the Secretary shall, with respect to States that will 
            receive grants in amounts that exceed the amounts that such 
            States received under this part in fiscal year 1995, 
            proportionally reduce such amounts to ensure compliance with 
            this subparagraph. In making such reductions, the Secretary 
            shall ensure that no such State receives less than that 
            State received for fiscal year 1995.
            (ii) Ratable reduction

                If the amount appropriated under section 300ff-77 of 
            this title and available for allocation under this part is 
            less than the amount appropriated and available under this 
            part for fiscal year 1995, the limitation contained in 
            clause (i) shall be reduced by a percentage equal to the 
            percentage of the reduction in such amounts appropriated and 
            available.

        (H) Appropriations for treatment drug program

            With respect to the fiscal year involved, if under section 
        300ff-77 of this title an appropriations Act provides an amount 
        exclusively for carrying out section 300ff-26 of this title, the 
        portion of such amount allocated to a State shall be the product 
        of--
                (i) 100 percent of such amount; and
                (ii) the percentage constituted by the ratio of the 
            State distribution factor for the State (as determined under 
            subparagraph (B)) to the sum of the State distribution 
            factors for all States.

                           (3) Definitions

        As used in this subsection--
            (A) the term ``State'' means each of the 50 States, the 
        District of Columbia, the Commonwealth of Puerto Rico, the 
        Virgin Islands, and Guam; and
            (B) the term ``territory of the United States'' means,\2\ 
        American Samoa, the Commonwealth of the Northern Mariana 
        Islands, and the Republic of the Marshall Islands.
---------------------------------------------------------------------------
    \2\ So in original. The comma probably should not appear.
---------------------------------------------------------------------------

(c) Allocation of assistance by States

      (1) Repealed. Pub. L. 104-146, Sec. 3(c)(5)(A), May 20, 
                            1996, 110 Stat. 1355

                           (2) Allowances

        Prior to allocating assistance under this subsection, a State 
    shall consider the unmet needs of those areas that have not received 
    financial assistance under part A of this subchapter.

                    (3) Planning and evaluations

        Subject to paragraph (5) and except as provided in paragraph 
    (6), a State may not use more than 10 percent of amounts received 
    under a grant awarded under this part for planning and evaluation 
    activities.

                         (4) Administration

        (A) In general

            Subject to paragraph (5) and except as provided in paragraph 
        (6), a State may not use more than 10 percent of amounts 
        received under a grant awarded under this part for 
        administration. In the case of entities and subcontractors to 
        which the State allocates amounts received by the State under 
        the grant (including consortia under section 300ff-23 of this 
        title), the State shall ensure that, of the aggregate amount so 
        allocated, the total of the expenditures by such entities for 
        administrative expenses does not exceed 10 percent (without 
        regard to whether particular entities expend more than 10 
        percent for such expenses).

        (B) Administrative activities

            For the purposes of subparagraph (A), amounts may be used 
        for administrative activities that include routine grant 
        administration and monitoring activities.

        (C) Subcontractor administrative costs

            For the purposes of this paragraph, subcontractor 
        administrative activities include--
                (i) usual and recognized overhead, including established 
            indirect rates for agencies;
                (ii) management oversight of specific programs funded 
            under this subchapter; and
                (iii) other types of program support such as quality 
            assurance, quality control, and related activities.

                   (5) Limitation on use of funds

        Except as provided in paragraph (6), a State may not use more 
    than a total of 15 percent of amounts received under a grant awarded 
    under this part for the purposes described in paragraphs (3) and 
    (4).

                            (6) Exception

        With respect to a State that receives the minimum allotment 
    under subsection (a)(1) of this section for a fiscal year, such 
    State, from the amounts received under a grant awarded under this 
    part for such fiscal year for the activities described in paragraphs 
    (3) and (4), may, notwithstanding paragraphs (3), (4), and (5), use 
    not more than that amount required to support one full-time-
    equivalent employee.

                          (7) Construction

        A State may not use amounts received under a grant awarded under 
    this part to purchase or improve land, or to purchase, construct, or 
    permanently improve (other than minor remodeling) any building or 
    other facility, or to make cash payments to intended recipients of 
    services.

(d) Expedited distribution

                           (1) In general

        Not less than 75 percent of the amounts received under a grant 
    awarded to a State under this part shall be obligated to specific 
    programs and projects and made available for expenditure not later 
    than--
            (A) in the case of the first fiscal year for which amounts 
        are received, 150 days after the receipt of such amounts by the 
        State; and
            (B) in the case of succeeding fiscal years, 120 days after 
        the receipt of such amounts by the State.

                         (2) Public comment

        Within the time periods referred to in paragraph (1), the State 
    shall invite and receive public comment concerning methods for the 
    utilization of such amounts.

(e) Reallocation

    Any amounts appropriated in any fiscal year and made available to a 
State under this part that have not been obligated as described in 
subsection (d) of this section shall be repaid to the Secretary and 
reallotted to other States in proportion to the original grants made to 
such States.

(July 1, 1944, ch. 373, title XXVI, Sec. 2618, as added Pub. L. 101-381, 
title II, Sec. 201, Aug. 18, 1990, 104 Stat. 595; amended Pub. L. 102-
531, title III, Sec. 312(d)(30), Oct. 27, 1992, 106 Stat. 3506; Pub. L. 
104-146, Secs. 3(c)(5), (g)(2), 5, 6(c)(3), May 20, 1996, 110 Stat. 
1355, 1363, 1365, 1368; Pub. L. 105-392, title IV, Sec. 417, Nov. 13, 
1998, 112 Stat. 3591.)


                               Amendments

    1998--Subsec. (b)(3)(A). Pub. L. 105-392, Sec. 417(1), substituted 
``, the Commonwealth of Puerto Rico, the Virgin Islands, and Guam'' for 
``and the Commonwealth of Puerto Rico''.
    Subsec. (b)(3)(B). Pub. L. 105-392, Sec. 417(2), struck out ``the 
Virgin Islands, Guam'' after ``means''.
    1996--Subsec. (a). Pub. L. 104-146, Sec. 3(g)(2), struck out subsec. 
(a) which related to special projects of national significance.
    Subsec. (a)(1). Pub. L. 104-146, Sec. 6(c)(3)(A), which directed 
amendment of subsec. (a)(1) by substituting ``section 300ff-77'' for 
``section 300ff-30'', could not be executed because of the repeal of 
subsec. (a) by Pub. L. 104-146, Sec. 3(g)(2). See above.
    Subsec. (b)(1). Pub. L. 104-146, Sec. 6(c)(3)(B), which directed 
amendment of subsec. (b)(1) by substituting ``section 300ff-77 of this 
title'' for ``section 300ff-30 of this title'', could not be executed 
because the words ``section 300ff-30 of this title'' did not appear 
subsequent to the general amendment of subsec. (b)(1) by Pub. L. 104-
146, Sec. 5. See below.
    Pub. L. 104-146, Sec. 5, amended heading and text of par. (1) 
generally. Prior to amendment, text read as follows: ``Subject to the 
extent of amounts made available under section 300ff-30 of this title, 
the amount of a grant to be made under this part for--
        ``(A) each of the several States and the District of Columbia 
    for a fiscal year shall be the greater of--
            ``(i) $100,000, and
            ``(ii) an amount determined under paragraph (2); and
        ``(B) each territory of the United States, as defined in 
    paragraph 3, shall be an amount determined under paragraph (2).''
    Subsec. (b)(2). Pub. L. 104-146, Sec. 5, amended par. (2) generally, 
substituting subpars. (A) to (H) for former subpars. (A) and (B) 
relating to determination of amount of allotments.
    Subsec. (c)(1). Pub. L. 104-146, Sec. 3(c)(5)(A), struck out heading 
and text of par. (1). Text read as follows: ``In a State that has 
reported 1 percent or more of all AIDS cases reported to and confirmed 
by the Centers for Disease Control and Prevention in all States, not 
less than 50 percent of the amount received by the State under a grant 
awarded under this part shall be utilized for the creation and operation 
of community-based comprehensive care consortia under section 300ff-23 
of this title, in those areas within the State in which the largest 
number of individuals with HIV disease reside.''
    Subsec. (c)(3), (4). Pub. L. 104-146, Sec. 3(c)(5)(B), amended pars. 
(3) and (4) generally. Prior to amendment, pars. (3) and (4) read as 
follows:
    ``(3) Planning and evaluations.--A State may not use in excess of 5 
percent of amounts received under a grant awarded under this part for 
planning and evaluation activities.
    ``(4) Administration.--A State may not use in excess of 5 percent of 
amounts received under a grant awarded under this part for 
administration, accounting, reporting, and program oversight 
functions.''
    Subsec. (c)(5) to (7). Pub. L. 104-146, Sec. 3(c)(5)(C), (D), added 
pars. (5) and (6) and redesignated former par. (5) as (7).
    1992--Subsec. (c)(1). Pub. L. 102-531 substituted ``Centers for 
Disease Control and Prevention'' for ``Centers for Disease Control''.


                    Effective Date of 1996 Amendment

    Amendment by sections 3(c)(5), (g)(2) and 6(c)(3)(A) of Pub. L. 104-
146 effective Oct. 1, 1996, and amendment by sections 5 and 6(c)(3)(B) 
of Pub. L. 104-146 effective May 20, 1996, see section 13 of Pub. L. 
104-146, set out as a note under section 300ff-11 of this title.
