42 U.S.C. § 300ee–17: Determination of amount…

Summary

Explains how the yearly money for each State is decided. Each State gets whichever is bigger: a set minimum amount or an amount from a formula. The minimum depends on how much money Congress puts into the program that year. If total appropriations are more than $100,000,000 the minimum is $300,000. If total is at least $50,000,000 but less than $100,000,000 the minimum is $200,000. If total is less than $50,000,000 the minimum is $100,000. All of this depends on how much money is actually made available by Congress. The formula amount adds two parts. One part gives the State 50% of the total appropriation times the State’s share of the U.S. population. The other part gives the State 50% of the total appropriation times the State’s share of new confirmed AIDS cases for the most recent year with available data. If some States do not apply, fail to prepare an application on time, or say they will not spend all their allotment, those unused funds are reallocated to the other States using the same formula.

Title 42, §300ee–17

The Public Health and Welfare, Source: USLM XML via OLRC

(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)

(2)the amount determined in accordance with subsection (c).

(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) 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.

Notes & Related Subsidiaries

Editorial Notes

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, § 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, § 2619(e)(1) [(f)(1)], substituted “applicable amount specified” for “amount described”. Subsec. (b)(1). Pub. L. 100–690, § 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, § 2619(e)(2)(A)(ii) [(f)(2)(A)(ii)], substituted “subsection (a)(1) shall be” for “subsection (a)(1) is”. Subsec. (b)(2), (3). Pub. L. 100–690, § 2619(e)(2)(B), (C) [(f)(2)(B), (C)], substituted “subsection (a)(1) shall be” for “subsection (a)(1) is”. Subsec. (d). Pub. L. 100–690, § 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).

Statutory Notes and Related Subsidiaries

Effective Date

of 1988 AmendmentAmendment 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.

§300ee–17 Determination of Amount of Allotments for States