42 USC 300ff-28 - Distribution of funds

U.S Code last checked for updates: Nov 22, 2024

§ 300ff–28.

Distribution of funds

(a)

Amount of grant to State

(1)

Minimum allotment

Subject to the extent of amounts made available under section 300ff–31b of this title, the amount of a grant to be made under section 300ff–21 of this title for—

(A)

each of the 50 States, the District of Columbia, Guam, and the Virgin Islands (referred to in this paragraph as a “covered State”) for a fiscal year shall be the greater of—

(i)

(I)

with respect to a covered State that has less than 90 living cases of AIDS, as determined under paragraph (2)(D), $200,000; or

(II)

with respect to a covered State that has 90 or more living cases of AIDS, as determined under paragraph (2)(D), $500,000; and

(ii)

an amount determined under paragraph (2) and then, as applicable, increased under paragraph (2)(H); and

(B)

each territory other than Guam and the Virgin Islands shall be the greater of $50,000 or an amount determined under paragraph (2).

(2)

Determination

(A)

Formula

For purposes of paragraph (1), the amount referred to in this paragraph for a State (including a territory) for a fiscal year is, subject to subparagraphs (E) and (F)—

(i)

an amount equal to the amount made available under section 300ff–31b of this title for the fiscal year involved for grants pursuant to paragraph (1), subject to subparagraph (F); and

(ii)

the percentage constituted by the sum of—

(I)

the product of 0.75 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;

(II)

the product of .20 and the ratio of the non-EMA distribution factor for the State or territory (as determined under subparagraph (C)) to the sum of the respective non-EMA distribution factors for all States or territories; and

(III)

if the State does not for such fiscal year contain any area that is an eligible area under subpart I of part A or any area that is a transitional area under section 300ff–19 of this title (referred to in this subclause as a “no-EMA State”), the product of 0.05 and the ratio of the number of cases that applies for the State under subparagraph (D) to the sum of the respective numbers of cases that so apply for all no-EMA States.

(B)

State distribution factor

(C)

Non-EMA distribution factor

For purposes of subparagraph (A)(ii)(II), the term “non-ema 1

 So in original. Probably should be “ ‘non-EMA”.

distribution factor” means an amount equal to the sum of—

(i)

the number of living cases of HIV/AIDS in the State involved, as determined under subparagraph (D); less

(ii)

a number equal to the sum of—

(I)

the total number of living cases of HIV/AIDS that are within areas in such State that are eligible areas under subpart I of part A for the fiscal year involved, which individual number for an area is the number that applies under section 300ff–11 of this title for the area for such fiscal year; and

(II)

the total number of such cases that are within areas in such State that are transitional areas under section 300ff–19 of this title for such fiscal year, which individual number for an area is the number that applies under such section for the fiscal year.

(D)

Living cases of HIV/AIDS

(i)

Requirement of names-based reporting

(ii)

Transition period; exemption regarding non-AIDS cases

For each of the fiscal years 2007 through 2012, a State is, subject to clauses (iii) through (v), exempt from the requirement under clause (i) that living non-AIDS names-based cases of HIV be reported unless—

(I)

a system was in operation as of December 31, 2005, that provides sufficiently accurate and reliable names-based reporting of such cases throughout the State, subject to clause (vii); or

(II)

no later than the beginning of fiscal year 2008 or a subsequent fiscal year through fiscal year 2012, the Secretary, after consultation with the chief executive of the State, determines that a system has become operational in the State that provides sufficiently accurate and reliable names-based reporting of such cases throughout the State.

(iii)

Requirements for exemption for fiscal year 2007

For fiscal year 2007, an exemption under clause (ii) for a State applies only if, by October 1, 2006—

(I)

(aa)

the State had submitted to the Secretary a plan for making the transition to sufficiently accurate and reliable names-based reporting of living non-AIDS cases of HIV; or

(bb)

all statutory changes necessary to provide for sufficiently accurate and reliable reporting of such cases had been made; and

(II)

the State had agreed that, by April 1, 2008, the State will begin accurate and reliable names-based reporting of such cases, except that such agreement is not required to provide that, as of such date, the system for such reporting be fully sufficient with respect to accuracy and reliability throughout the area.

(iv)

Requirement for exemption as of fiscal year 2008

(v)

Progress toward names-based reporting

(vi)

Counting of cases in areas with exemptions

(I)

In general

(II)

Adjustment rate

(III)

Increased adjustment for certain States previously using code-based reporting

For purposes of this subparagraph for each of fiscal years 2010 through 2012, the Secretary shall deem the applicable number of living cases of HIV/AIDS in a State that were reported to and confirmed by the Centers for Disease Control and Prevention to be 3 percent higher than the actual number if—

(aa)

there is an area in such State that satisfies all of the conditions described in items (aa) through (cc) of section 300ff–13(a)(3)(C)(vi)(III) of this title; or

(bb)

(AA)

fiscal year 2007 was the first year in which the count of living non-AIDS cases of HIV in such area, for purposes of this part, was based on a names-based reporting system; and

(BB)

the amount of funding that such State received under this part for fiscal year 2007 was less than 70 percent of the amount of funding that such State received under such part for fiscal year 2006.

(vii)

List of States meeting standard regarding December 31, 2005

(I)

(II)

Relevant States

(viii)

Rules of construction regarding acceptance of reports

(I)

Cases of AIDS

(II)

Applicability of exemption requirements

(ix)

Program for detecting inaccurate or fraudulent counting

(x)

Future fiscal years

(E)

Code-based States; limitation on increase in grant

(i)

In general

(ii)

Use of amounts involved

(F)

Appropriations for treatment drug program

(i)

Formula grants

With respect to the fiscal year involved, if under section 300ff–31b of this title an appropriations Act provides an amount exclusively for carrying out section 300ff–26 of this title, the portion of such amount allocated to a State shall be the product of—

(I)

100 percent of such amount, less the percentage reserved under clause (ii)(V); and

(II)

the percentage constituted by the ratio of the State distribution factor for the State (as determined under subparagraph (B)) to the sum of the State distribution factors for all States;

which product shall then, as applicable, be increased under subparagraph (H).

(ii)

Supplemental treatment drug grants

(I)

In general

(II)

Eligible States

(III)

State requirements

(IV)

Use and coordination

(V)

Funding

(iii)

Code-based States; limitation on increase in formula grant

(G)

Repealed. Pub. L. 109–415, title II, § 203(b)(2), Dec. 19, 2006, 120 Stat. 2792

(H)

Increase in formula grants

(i)

Assurance of amount

(I)

General rule

(II)

Rule of construction

(ii)

Fiscal years 2011 and 2012

(iii)

Fiscal year 2013

(iv)

Source of funds for increase

(I)

In general

(II)

Pro rata reduction

(v)

Applicability

(b)

Allocation of assistance by States

(1)

Allowances

(2)

Planning and evaluations

(3)

Administration

(A)

In general

(B)

Allocations

(C)

Administrative activities

(D)

Subcontractor administrative costs

For the purposes of this paragraph, subcontractor administrative activities include—

(i)

usual and recognized overhead, including established indirect rates for agencies;

(ii)

management oversight of specific programs funded under this subchapter; and

(iii)

other types of program support such as quality assurance, quality control, and related activities.

(E)

Clinical quality management

(i)

Requirement

(ii)

Use of funds

(I)

In general

From amounts received under a grant awarded under section 300ff–21 of this title for a fiscal year, a State may use for activities associated with the clinical quality management program required in clause (i) not to exceed the lesser of—

(aa)

5 percent of amounts received under the grant; or

(bb)

$3,000,000.

(II)

Relation to limitation on administrative expenses

(4)

Limitation on use of funds

(5)

Exception

(6)

Construction

(c)

Expedited distribution

(1)

In general

Not less than 75 percent of the amounts received under a grant awarded to a State under section 300ff–21 of this title shall be obligated to specific programs and projects and made available for expenditure not later than—

(A)

in the case of the first fiscal year for which amounts are received, 150 days after the receipt of such amounts by the State; and

(B)

in the case of succeeding fiscal years, 120 days after the receipt of such amounts by the State.

(2)

Public comment

(d)

Reallocation

(July 1, 1944, ch. 373, title XXVI, § 2618, as added Pub. L. 101–381, title II, § 201, Aug. 18, 1990, 104 Stat. 595; amended Pub. L. 102–531, title III, § 312(d)(30), Oct. 27, 1992, 106 Stat. 3506; Pub. L. 104–146, §§ 3(c)(5), (g)(2), 5, 6(c)(3), May 20, 1996, 110 Stat. 1355, 1363, 1365, 1368; Pub. L. 105–392, title IV, § 417, Nov. 13, 1998, 112 Stat. 3591; Pub. L. 106–345, title II, § 206, Oct. 20, 2000, 114 Stat. 1334; Pub. L. 109–415, title II, §§ 203, 204(a), title VII, §§ 702(1), 703, Dec. 19, 2006, 120 Stat. 2789, 2796, 2819, 2820; Pub. L. 111–87, §§ 2(a)(1), (3)(A), 3(b), 5(b), (c)(1), 7(b), 10(b), Oct. 30, 2009, 123 Stat. 2885, 2888, 2890, 2891, 2893, 2895.)

cite as: 42 USC 300ff-28