
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC300w-1]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
                      SUBCHAPTER XVII--BLOCK GRANTS
 
       Part A--Preventive Health and Health Services Block Grants
 
Sec. 300w-1. Allotments


(a) Availability based upon prior year distributions

    (1) From the amounts appropriated under section 300w of this title 
for any fiscal year and available for allotment under this subsection, 
the Secretary shall allot to each State an amount which bears the same 
ratio to the available amounts for that fiscal year as the amounts 
provided by the Secretary under the provisions of law listed in 
paragraph (2) to the State and entities in the State for fiscal year 
1981 bore to the total amount appropriated for such provisions of law 
for fiscal year 1981.
    (2) The provisions of law referred to in paragraph (1) are the 
following provisions of law as in effect on September 30, 1981:
        (A) The authority for grants under section 247b of this title 
    for preventive health service programs for the control of rodents.
        (B) The authority for grants under section 247b of this title 
    for establishing and maintaining community and school-based 
    fluoridation programs.
        (C) The authority for grants under section 247b of this title 
    for preventive health service programs for hypertension.
        (D) Sections 247b-1 \1\ and 247b-2 of this title.
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    \1\ See References in Text note below.
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        (E) Section 246(d) \1\ of this title.
        (F) Section 255(a) \1\ of this title.
        (G) Sections 300d-1,\1\ 300d-2,\1\ and 300d-3 \1\ of this title.

(b) Population

    From the amount required to be made available under section 300w(b) 
of this title for allotments under this subsection for any fiscal year, 
the Secretary shall make allotments to each State on the basis of the 
population of the State.

(c) Distribution of appropriated funds not allotted

    To the extent that all the funds appropriated under section 300w of 
this title for a fiscal year and available for allotment in such fiscal 
year are not otherwise allotted to States because--
        (1) one or more States have not submitted an application or 
    description of activities in accordance with section 300w-4 of this 
    title for the fiscal year;
        (2) one or more States have notified the Secretary that they do 
    not intend to use the full amount of their allotment; or
        (3) some State allotments are offset or repaid under section 
    300w-5(b)(3) of this title;

such excess shall be allotted among each of the remaining States in 
proportion to the amount otherwise allotted to such States for the 
fiscal year without regard to this subsection.

(d) Distributions to Indian tribes

    (1) If the Secretary--
        (A) receives a request from the governing body of an Indian 
    tribe or tribal organization within any State that funds under this 
    part be provided directly by the Secretary to such tribe or 
    organization, and
        (B) determines that the members of such tribe or tribal 
    organization would be better served by means of grants made directly 
    by the Secretary under this part,

the Secretary shall reserve from amounts which would otherwise be 
allotted to such State under subsection (a) of this section for the 
fiscal year the amount determined under paragraph (2).
    (2) The Secretary shall reserve for the purpose of paragraph (1) 
from amounts that would otherwise be allotted to such State under 
subsection (a) of this section an amount equal to the amount which bears 
the same ratio to the State's allotment for the fiscal year involved as 
the total amount provided or allotted for fiscal year 1981 by the 
Secretary to such tribe or tribal organization under the provisions of 
law referred to in subsection (a) of this section bore to the total 
amount provided or allotted for such fiscal year by the Secretary to the 
State and entities (including Indian tribes and tribal organizations) in 
the State under such provisions of law.
    (3) The amount reserved by the Secretary on the basis of a 
determination under this subsection shall be granted to the Indian tribe 
or tribal organization serving the individuals for whom such a 
determination has been made.
    (4) In order for an Indian tribe or tribal organization to be 
eligible for a grant for a fiscal year under this subsection, it shall 
submit to the Secretary a plan for such fiscal year which meets such 
criteria as the Secretary may prescribe.
    (5) The terms ``Indian tribe'' and ``tribal organization'' have the 
same meaning given such terms in section 450b(b) and (c) \2\ of title 
25.
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    \2\ See References in Text note below.
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(e) Report on equitable distribution of available funds

    The Secretary shall conduct a study for the purpose of devising a 
formula for the equitable distribution of funds available for allotment 
to the States under this section. In conducting the study, the Secretary 
shall take into account--
        (1) the financial resources of the various States,
        (2) the populations of the States, and
        (3) any other factor which the Secretary may consider 
    appropriate.

Before June 30, 1982, the Secretary shall submit a report to the 
Congress respecting the development of a formula and make such 
recommendations as the Secretary may deem appropriate in order to ensure 
the most equitable distribution of funds under allotments under this 
section.

(July 1, 1944, ch. 373, title XIX, Sec. 1902, as added Pub. L. 97-35, 
title IX, Sec. 901, Aug. 13, 1981, 95 Stat. 535.)

                       References in Text

    Section 247b-1 of this title, referred to in subsec. (a)(2)(D), was 
in the original a reference to section 401 of the Health Services and 
Centers Amendments of 1978, Pub. L. 95-626, which was repealed effective 
Oct. 1, 1981, by Pub. L. 97-35, title IX, Sec. 902(a), (h), Aug. 13, 
1981, 95 Stat. 559, 561. Pub. L. 100-572, Sec. 3, Oct. 31, 1988, 102 
Stat. 2887, enacted section 317A of act July 1, 1944, which is 
classified to section 247b-1 of this title.
    Section 247b-2 of this title, referred to in subsec. (a)(2)(D), was 
repealed effective Oct. 1, 1981, by Pub. L. 97-35, title IX, 
Sec. 902(a), (h), Aug. 13, 1981, 95 Stat. 559, 561.
    Section 246(d) of this title, referred to in subsec. (a)(2)(E), was 
repealed effective Oct. 1, 1981, by Pub. L. 97-35, title IX, 
Sec. 902(b), (h), Aug. 13, 1981, 95 Stat. 559, 561.
    Section 255 of this title, referred to in subsec. (a)(2)(F), was in 
the original a reference to section 339 of act July 1, 1944, which was 
repealed effective Oct. 1, 1981, by Pub. L. 97-35, title IX, 
Sec. 902(b), (h), Aug. 13, 1981, 95 Stat. 559, 561. Pub. L. 97-414, 
Sec. 6(a), Jan. 4, 1983, 96 Stat. 2057, added a new section 339 of act 
July 1, 1944, which is classified to section 255 of this title.
    Sections 300d-1, 300d-2, and 300d-3 of this title, referred to in 
subsec. (a)(2)(G), were in the original references to sections 1202, 
1203, and 1204, respectively, of act July 1, 1944, which were repealed 
effective Oct. 1, 1981, by Pub. L. 97-35, title IX, Sec. 902(d)(1), (h), 
Aug. 13, 1981, 95 Stat. 560, 561. Pub. L. 101-590, Sec. 3, Nov. 16, 
1990, 104 Stat. 2916-2918, enacted new sections 1202, 1203, and 1204 of 
act July 1, 1944, which were classified to sections 300d-1, 300d-2, and 
300d-3, respectively, of this title. Pub. L. 103-183, title VI, 
Sec. 601(b), Dec. 14, 1983, 107 Stat. 2238, repealed section 1202 and 
renumbered sections 1203 and 1204 as 1202 and 1203, respectively.
    Section 450b of title 25, referred to in subsec. (d)(5), has been 
amended, and subsecs. (b) and (c) of section 450b no longer define the 
terms ``Indian tribe'' and ``tribal organization''. However, such terms 
are defined elsewhere in that section.

                  Section Referred to in Other Sections

    This section is referred to in sections 300w, 300w-2, 300w-3, 300w-
4, 300w-7 of this title.
