Sec. 2408. DETERMINATION OF AMOUNT OF ALLOTMENTS FOR STATES

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## SEC. 2408 DETERMINATION OF AMOUNT OF ALLOTMENTS FOR STATES **[**300dd–7**]** ###

(a)Minimum Allotment Subject to the extent of amounts made available in appropriations Acts, the amount of an allotment under section 2401(a) for— ####

(1)each of the several States, the District of Columbia, and the Commonwealth of Puerto Rico, for a fiscal year shall be the greater of— #####

(A)$100,000, and #####

(B)an amount determined under subsection (b); and ####

(2)each territory of the United States (as defined in section 2413(5)) shall be $25,000. ###

(b)Determination Under Formula ####

(1)The amount referred to in subsection (a)(1)(B) for a State is the product of— #####

(A)an amount equal to the amount appropriated pursuant to section 2414(a) for the fiscal year involved; and #####

(B)the ratio of the distribution factor for the State to the sum of the distribution factors for all the States. ####

(2)In paragraph (1)(B), the term “**distribution factor**” means, for a State, the product of— #####

(A)the number in the State of additional cases of acquired immune deficiency syndrome, as indicated by the number of such cases reported to and confirmed by the Secretary for the most recent fiscal year for which such data are available, and #####

(B)the ratio (based on the most recent available data) of

(i)the average per capita income of individuals in the United States to

(ii)the average per capita income of individuals in the State; except that the distribution factors for all the States and territories shall be proportionally reduced to the extent necessary to assure that the total of the allotments under subsection

(a)for all the States and territories for each fiscal year does not exceed the amount appropriated pursuant to section 2414(a) for the fiscal year. ###

(c)Indian Tribes ####

(1)Upon the request of the governing body of an Indian tribe or tribal organization within a State to the Secretary, the Secretary shall— #####

(A)reserve from the amount that otherwise would be allotted for the fiscal year to the State under subsection

(a)an amount determined in accordance with paragraph (2); and #####

(B)grant the amount reserved under subparagraph

(A)to the Indian tribe or tribal organization serving eligible individuals who are members of the Indian tribe or tribal organization. ####

(2)The amount reserved under paragraph (1)(A) shall be an amount equal to the product of— #####

(A)the amount that otherwise would be allotted to the State under subsection

(a)for the fiscal year; and #####

(B)the Secretary's estimate of the proportion of the number of additional cases described in subsection (b)(2)(A) that are attributable to members of the Indian tribe or tribal organization. ####

(3)The Secretary may not make a grant under paragraph (1)(B) to an Indian tribe or tribal organization unless the Indian tribe or tribal organization submits to the Secretary an application meeting the requirements of such an application under section 2407. ###

(d)Disposition of Certain Funds Appropriated for Allotments ####

(1)Amounts described in paragraph

(2)shall, in accordance with paragraph (3), be allotted by the Secretary to States receiving payments under section 2401(a) for the fiscal year (other than any State referred to in paragraph (2)(B)). ####

(2)The amounts referred to in paragraph

(1)are any amounts that are not paid to States or territories under section 2401(a) as a result of— #####

(A)the failure of any State or territory to submit an application under section 2407 within a reasonable time period established by the Secretary; or #####

(B)any State or territory informing the Secretary that the State or territory does not intend to expend the full amount of the allotment made to the State or territory. ####

(3)The amount of an allotment under paragraph

(1)for a State for a fiscal year shall be an amount equal to the product of— #####

(A)an amount equal to the amount described in paragraph

(2)for the fiscal year involved; and #####

(B)the ratio determined under subsection (b)(1)(B) for the State.