PUBLIC LAW 104-146—MAY 20, 1996 110 STAT. 1365 "(IX) the ninth year during such period,.57; and "(X) the tenth year during such period,.88. The yearly percentage described in subparagraph (ii) shall be updated biennially by the Secretary, after consultation with the Centers for Disease Control and Prevention. The first such update shall occur prior to the determination of grant awards under this part for fiscal year 1998. "(D) UNEXPENDED FUNDS. — The Secretary may, in determining the amount of a grant for a fiscal year under this paragraph, adjust the grant amount to reflect the amount of unexptjnded and uncanceled grant funds remaining at the end of the fiscal year preceding the year for which the grant determination is to be made. The amount of any such unexpended funds shall be determined using the financial status report of the grantee.". SEC. 5. AMOUNT OF CARE GRANTS. Paragraphs (1) and (2) of section 2618(b) (42 U.S.C. 300ff- 28(b)(1) and (2)) are amended to read as follows: "(1) MINIMUM ^^LLOTMENT. —Subject to the extent of amounts made available under section 2677, the amount of a grant to be made under this part for— "(A) each of the several States and the District of Columbia for a fiscal year shall be the greater of— "(i)(I) with respect to a State or District that has less than 90 living cases of acquired immune deficiency syndrome, as determined under paragraph (2)(D), $100,000; or "(II) with respect to a State or District that has 90 or more living cases of acquired immune deficiency syndrome, as determined under paragraph (2)(D), $250,000; "(ii) an amount determined under paragraph (2); and "(B) each territory of the United States, as defined in paragraph (3), shall be an amount determined under paragraph (2). "(2) DETERMINATION.— "(A) FORMULA.— The amount referred to in paragraph (l)(A)(ii) for a State suid paragraph (1)(B) for a territory of the United States shall be the product of— "(i) an amount equal to the amount appropriated under section 2677 for the fiscal year involved for grants under part B, subject to subparagraph (H); and "(ii) the percentage constituted by the sum of— "(I) the product of.80 and the ratio of the State distribution factor for the State or territory (as determined under subsection (B)) to the sum of the respective State distribution factors for all States or territories; and "(II) the product of.20 and the ratio of the non-EMA distribution factor for the State or territory (as determined under subparagraph (O) to the sum of the respective distribution factors for all States or territories.