104 STAT. 604 PUBLIC LAW 101-381—AUG. 18, 1990 District of Columbia. Puerto Rico. Territories, U.S. 42 USC 300ff-49. " SEC. 2649. DETERMINATION OF AMOUNT OF ALLOTMENTS. "(a) MINIMUM ALLOTMENT. —Subject to the extent of amounts made available in appropriations Acts, the amount of an allotment under section 2641(a) for a State for a fiscal year shall be the greater of— "(1) $100,000 for each of the several States, the District of Columbia, and the Commonwealth of Puerto Rico, and $50,000 for each of the territories of the United States other than the Commonwealth of Puerto Rico; and "(2) an amount determined under subsection (b). "(h) DETERMINATION UNDER FORMULA. —The amount referred to in subsection (a)(2) is the product of— "(1) an amount equal to the amount appropriated under subsection (a) of section 2650 for the fiscal year involved; and "(2) a percentage equal to the quotient of— "(A) an amount equal to the number of cases of acquired immune deficiency sjmdrome reported to and confirmed by the Director of the Centers for Disease Control for the State involved for the most recent fiscal year for which such data is available; divided by "(B) an amount equal to the number of cases of acquired immune deficiency syndrome reported to and confirmed by the Director of the Centers for Disease Control for the United States for the most recent fiscal year for which such data is available. "(c) CERTAIN ALLOCATIONS BY SECRETARY. —After determining the amount of an allotment under this subsection (a) for a fiscal year, the Secretary shall reduce the amount of the allotment of each State by 10 percent. From the amounts available as a result of such reductions, the Secretary shall, on a discretionary basis, make grants to States receiving allotments for the fiscal year involved. Such grants shall be made subject to each of the agreements and assurances required as a condition of receiving grants under section 2641. "(d) DISPOSITION OF CERTAIN FUNDS APPROPRIATED FOR ALLOT- MENTS. — "(1) IN GENERAL. — Any amounts available pursuant to paragraph (2) shall, in accordance with paragraph (3), be allotted by the Secretary each fiscal year to States receiving payments under section 2641(a) for the fiscal year (other than any State referred to in paragraph (2)(C)). The Secretary shall make pay- ments, as grants, to each such State from any such allotment for the State for the fiscal year involved. "(2) SPECIFICATION OF AMOUNTS. — The amounts referred to in paragraph (1) are any amounts that are not paid to States under section 2641(a) as a result of— "(A) the failure of any State to submit an application under section 2651; "(B) the failure, in the determination of the Secretary, of any State to prepare the application in compliance with such section or to submit the application within a reasonable period of time; 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.
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