
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 301(a)]
[Document affected by Public Law 106-345 Section 301(a)]
[CITE: 42USC300ff-49]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
            SUBCHAPTER XXIV--HIV HEALTH CARE SERVICES PROGRAM
 
                   Part C--Early Intervention Services
 
                  subpart i--formula grants for states
 
Sec. 300ff-49. Determination of amount of allotments


(a) Minimum allotment

    Subject to the extent of amounts made available in appropriations 
Acts, the amount of an allotment under section 300ff-41(a) of this title 
for a State for a fiscal year shall be the greater of--
        (1) $100,000 for each of the several States, the District of 
    Columbia, and the Commonwealth of Puerto Rico, and $50,000 for each 
    of the territories of the United States other than the Commonwealth 
    of Puerto Rico; and
        (2) an amount determined under subsection (b) of this section.

(b) Determination under formula

    The amount referred to in subsection (a)(2) of this section is the 
product of--
        (1) an amount equal to the amount appropriated under section 
    300ff-50 of this title for the fiscal year involved; and
        (2) a percentage equal to the quotient of--
            (A) an amount equal to the number of cases of acquired 
        immune deficiency syndrome reported to and confirmed by the 
        Director of the Centers for Disease Control and Prevention for 
        the State involved for the most recent fiscal year for which 
        such data is available; divided by
            (B) an amount equal to the number of cases of acquired 
        immune deficiency syndrome reported to and confirmed by the 
        Director of the Centers for Disease Control and Prevention for 
        the United States for the most recent fiscal year for which such 
        data is available.

(c) Certain allocations by Secretary

             (1) Discretionary grants to certain States

        After determining the amount of an allotment under subsection 
    (a) of this section for a fiscal year, the Secretary shall reduce 
    the amount of the allotment of each State by 10 percent. From the 
    amounts available as a result of such reductions, the Secretary 
    shall, on a discretionary basis, make grants to States receiving 
    allotments for the fiscal year involved. Such grants shall be made 
    subject to each of the agreements and assurances required as a 
    condition of receiving grants under section 300ff-41 of this title.

            (2) Grants to certain political subdivisions

        (A)(i) In the case of a State containing any political 
    subdivision described in clause (ii), the Secretary shall, subject 
    to subparagraph (B), make a reduction in the amount of the allotment 
    under subsection (a) of this section for the State for each fiscal 
    year in an amount necessary for carrying out subparagraphs (B) and 
    (C) with respect to the political subdivision. Any such reduction 
    shall be in addition to the reduction required in paragraph (1) for 
    the fiscal year involved.
        (ii) The political subdivision referred to in clause (i) is any 
    political subdivision that received a cooperative agreement from the 
    Secretary, acting through the Director of the Centers for Disease 
    Control and Prevention, for fiscal year 1990 for programs to provide 
    counseling and testing with respect to acquired immune deficiency 
    syndrome.
        (B) In the case of a State described in subparagraph (A), the 
    Secretary shall, from the amounts made available as a result of 
    reductions under such subparagraph, make a grant each fiscal year to 
    each political subdivision described in such subparagraph that 
    exists in the State if the political subdivision involved agrees 
    that the provisions of subparts II and III will apply to the 
    political subdivision to the same extent and in the same manner as 
    such subparts apply to entities receiving grants under section 
    300ff-51(a) of this title.
        (C) Grants under subparagraph (B) for a fiscal year for a 
    political subdivision shall be provided in an amount equal to the 
    amount received by the political subdivision in fiscal year 1990 
    under the cooperative agreement described in subparagraph (A).

(d) Disposition of certain funds appropriated for allotments

                           (1) In general

        Any amounts available pursuant to paragraph (2) shall, in 
    accordance with paragraph (3), be allotted by the Secretary each 
    fiscal year to States receiving payments under section 300ff-41(a) 
    of this title for the fiscal year (other than any State referred to 
    in paragraph (2)(C)). The Secretary shall make payments, as grants, 
    to each such State from any such allotment for the State for the 
    fiscal year involved.

                    (2) Specification of amounts

        The amounts referred to in paragraph (1) are any amounts that 
    are not paid to States under section 300ff-41(a) of this title as a 
    result of--
            (A) the failure of any State to submit an application under 
        section 300ff-51 of this title;
            (B) the failure, in the determination of the Secretary, of 
        any State to prepare the application in compliance with such 
        section or to submit the application within a reasonable period 
        of time; 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.

                       (3) Amount of allotment

        The amount of an allotment under paragraph (1) for a State for a 
    fiscal year shall be an amount equal to the product of--
            (A) an amount equal to the amount available pursuant to 
        paragraph (2) for the fiscal year involved; and
            (B) the percentage determined under subsection (b)(2) of 
        this section for the State.

(e) Transition rules

    (1) For the fiscal years 1991 through 1993, the amount of an 
allotment under section 300ff-41 of this title shall be the greater of 
the amount determined under subsection (a) of this section and an amount 
equal to the amount applicable under paragraph (2) for the fiscal year 
involved.
    (2) For purposes of paragraph (1)--
        (A) the amount applicable for fiscal year 1991 is an amount 
    equal to the amount received by the State involved from the 
    Secretary, acting through the Director of the Centers for Disease 
    Control and Prevention, for fiscal year 1990 for the provision of 
    counseling and testing services with respect to HIV;
        (B) the amount applicable for fiscal year 1992 is 85 percent of 
    the amount specified in subparagraph (A); and
        (C) the amount applicable for fiscal year 1993 is 70 percent of 
    the amount specified in subparagraph (A).

(July 1, 1944, ch. 373, title XXVI, Sec. 2649, as added Pub. L. 101-381, 
title III, Sec. 301(a), Aug. 18, 1990, 104 Stat. 604; amended Pub. L. 
101-502, Sec. 6(b), Nov. 3, 1990, 104 Stat. 1290; Pub. L. 102-531, title 
III, Sec. 312(d)(33), Oct. 27, 1992, 106 Stat. 3506; Pub. L. 104-146, 
Sec. 12(c)(6), May 20, 1996, 110 Stat. 1374.)


                               Amendments

    1996--Subsec. (b)(1). Pub. L. 104-146, Sec. 12(c)(6)(A), substituted 
``under section 300ff-50'' for ``under subsection (a) of section 300ff-
50''.
    Subsec. (c)(1). Pub. L. 104-146, Sec. 12(c)(6)(B), substituted 
``under subsection (a)'' for ``under this subsection (a)''.
    1992--Subsecs. (b)(2), (c)(2)(A)(ii), (e)(2)(A). Pub. L. 102-531 
substituted ``Centers for Disease Control and Prevention'' for ``Centers 
for Disease Control'' wherever appearing.
    1990--Subsec. (c). Pub. L. 101-502 designated existing provisions as 
par. (1), inserted heading, and added par. (2).


                    Effective Date of 1996 Amendment

    Amendment by Pub. L. 104-146 effective Oct. 1, 1996, see section 13 
of Pub. L. 104-146, set out as a note under section 300ff-11 of this 
title.

                  Section Referred to in Other Sections

    This section is referred to in section 300ff-41 of this title.
