US Code

Public Law 119-102 (07/12/2026)

42 U.S.C. § 300ee–17

Determination of amount of allotments for States

Section text and notes

(a)

Minimum allotment

section 300ee–11(a) of this titleSubject to the extent of amounts made available in appropriation Acts, the allotment for a State under for a fiscal year shall be the greater of—
(1)
the applicable amount specified in subsection (b); or
(2)
the amount determined in accordance with subsection (c).
(b)

Determination of minimum allotment

(1)
section 300ee–24(a) of this title If the total amount appropriated under 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)
section 300ee–24(a) of this title If the total amount appropriated under 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)
section 300ee–24(a) of this title If the total amount appropriated under 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)
section 300ee–24(a) of this title an amount equal to 50 percent of the amounts appropriated pursuant to ; 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)
section 300ee–24(a) of this title an amount equal to 50 percent of the amounts appropriated pursuant to ; 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)
section 300ee–11(a) of this titlesection 300ee–11(a) of this title Amounts described in paragraph (2) shall be allotted by the Secretary to States receiving payments under 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 for the State for the fiscal year involved was determined.
(2)
section 300ee–11(a) of this title The amounts referred to in paragraph (1) are any amounts that are not paid to States under as a result of—
(A)
section 300ee–13 of this title the failure of any State to submit an application under ;
(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.

July 1, 1944, ch. 373 Pub. L. 100–607, title II, § 221102 Stat. 3098 Pub. L. 100–690, title II, § 2619(e) [(f)]102 Stat. 4243 Pub. L. 101–93, § 5(e)(1)103 Stat. 612 (, title XXV, formerly title XV, § 2507, as added , , ; amended , , ; renumbered title XXV and amended , (2), , .)

Editorial Notes

Prior Provisions

section 238f of this titleA prior section 2507 of act , was successively renumbered by subsequent acts, see .

Amendments

Pub. L. 101–93, § 5(e)(2)1989—Subsec. (a). , substituted “Subject to the extent of amounts made available in appropriation Acts, the allotment” for “The allotment”.

Pub. L. 100–690, § 2619(e)(1) [(f)(1)]1988—Subsec. (a)(1). , substituted “applicable amount specified” for “amount described”.

Pub. L. 100–690, § 2619(e)(2)(A)(i) [(f)(2)(A)(i)]section 300ee–24(a) of this titleSubsec. (b)(1). , made technical amendment to reference to 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”.

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

Pub. L. 100–690, § 2619(e)(3) [(f)(3)]section 300ee–11(a) of this titlesection 300ee–13 of this titlesection 300ee–17 of this titleSubsec. (d). , substituted “allotment under ” for “allotment” in par. (1) and “” for “” in par. (2)(A).

Statutory Notes and Related Subsidiaries

Effective Date of 1988 Amendment

Pub. L. 100–690Pub. L. 100–607section 2600 of Pub. L. 100–690section 242m of this titleAmendment by effective immediately after enactment of , which was approved , see , set out as a note under .