42 U.S.C. § 300w–1 — Allotments

(a) Availability based upon prior year distributions: (1) From money appropriated under section 300w and available for this kind of allotment, the Secretary must give each state a share matching the same ratio: what the Secretary gave that state and its entities in fiscal year 1981, under the laws listed in paragraph (2), compared to the total spent under those laws nationwide in fiscal year 1981. (2) Those 1981 laws are: (A) grants under section 247b for rodent-control preventive health programs; (B) grants under section 247b for community and school fluoridation programs; (C) grants under section 247b for hypertension prevention programs; (D) sections 247b–1 and 247b–2; (E) section 246(d); (F) section 255(a); and (G) sections 300d–1, 300d–2, and 300d–3. (b) Population: From the money that section 300w(b) requires be set aside for this kind of allotment, the Secretary must give each state a share based on its population. (c) Distribution of appropriated funds not allotted: If some allotted money goes unused because (1) one or more states didn't submit an application or activity description under section 300w–4; (2) one or more states told the Secretary they won't use their full allotment; or (3) some state allotments were offset or repaid under section 300w–5(b)(3) — that leftover money gets redistributed among the remaining states, in proportion to what they already received, ignoring this subsection's normal rules. (d) Distributions to Indian tribes: (1) If the Secretary (A) gets a request from an Indian tribe's or tribal organization's governing body, within a state, asking that funds be paid directly by the Secretary instead of through the state, and (B) decides that tribe's members would be better served by direct federal grants, the Secretary must set aside, from what that state would otherwise get under subsection (a), the amount described in paragraph (2). (2) That set-aside amount matches the same ratio: what the Secretary gave that tribe or organization in fiscal year 1981 under the laws in subsection (a), compared to the total the Secretary gave the state and all its entities, including tribes, under those laws that year. (3) The Secretary must grant that set-aside amount to the tribe or organization serving the people covered by the decision. (4) To qualify, a tribe or organization must submit a plan meeting the Secretary's criteria for that fiscal year. (5) "Indian tribe" and "tribal organization" mean the same as in section 5304(b) and (c) of title 25. (e) Report on equitable distribution of available funds: The Secretary must study how to build a fairer formula for distributing allotment funds among states, considering (1) states' financial resources, (2) states' populations, and (3) any other factor the Secretary finds relevant. By June 30, 1982, the Secretary must report to Congress on that formula and recommend any changes needed for the fairest possible distribution.