42 U.S.C. § 300ee–17 — Determination of amount of allotments for States

(a) Minimum allotment Depending on how much money is actually appropriated, a state's allotment for a fiscal year under section 300ee-11(a) is whichever is larger: (1) the minimum amount set in subsection (b), or (2) the amount worked out under the formula in subsection (c). (b) Determination of minimum allotment (1) If total appropriations under section 300ee-24(a) for the year are more than $100,000,000, the minimum allotment is $300,000. (2) If total appropriations are at least $50,000,000 but less than $100,000,000, the minimum allotment is $200,000. (3) If total appropriations are less than $50,000,000, the minimum allotment is $100,000. (c) Determination under formula (1) The formula amount is the sum of two parts: the amount from paragraph (2), plus the amount from paragraph (3). (2) First part -- population share. Take 50% of the total money appropriated under section 300ee-24(a). Multiply that by a fraction: the state's population divided by the total U.S. population. That's the state's population-based share. (3) Second part -- case-count share. Take the other 50% of the total money appropriated. Multiply that by a fraction: the number of new confirmed AIDS cases reported for that state in the most recent year data is available, divided by the number of new confirmed AIDS cases nationwide for that same year. That's the state's case-based share. Add the population-based share and the case-based share together to get the formula amount. (d) Disposition of certain funds appropriated for allotments (1) Money that doesn't get paid out to states -- as described in paragraph (2) -- gets reallotted by the Secretary to the states that are receiving payments that year (other than any state described in paragraph (2)(C)). The Secretary uses a formula equivalent to the one in this section to spread that leftover money among those states. (2) That leftover money is money that wasn't paid because: (A) a state failed to submit an application under section 300ee-13; (B) the Secretary decided a state failed to prepare that application properly within a reasonable time; or (C) a state told the Secretary it doesn't intend to spend its full allotment.