Page:United States Statutes at Large Volume 102 Part 4.djvu/114

 102 STAT. 3084

PUBLIC LAW 100-607—NOV. 4, 1988 the fiscal year for which the State is applying to receive payments; and "(6) the State will not make payments from allotments made under section 2401(a) for any item or service to the extent that payment has been made, or can reasonably be expected to be made, with respect to that item or service (i) under any State compensation program, under an insurance poUcy, under any Federal or State health benefits pn^^iam, or (ii) by an entity that provides health services on a prepaid basis.

42 USC 300dd-6.

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"SEC. 2407. REQUIREMENT OF SUBMISSION OF APPLICATION CONTAINING CERTAIN AGREEMENTS AND ASSURANCES.

"The Secretary may not make payments under section 2401(a) to a State for a fiscal year unless— "(1) the State submits to the Secretary an application for the payments containing agreements in accordance with sections 2401 through 2406; "(2) the agreements are made through certification from the chief executive officer of the State; "(3) with respect to such agreements, the application provides assurances of compliance satisfactory to the Secretary; "(4) the application contains the description of intended expenditures required in section 2403; and "(5) the application otherwise is in such form, is made in such manner, and contains such agreements, assurances, and information as the Secretary determines to be necessary to carry out this part.

42 USC 300dd-7. "SEC. 2408. DETERMINATION OF AMOUNT OF ALLOTMENTS FOR STATES. "(a) MINIMUM ALLOTMENT.—Subject to the extent of amounts

District of Pue"toRico

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 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. "(1) The amount referred to in subsection (a)(l)(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 date are available, and "(B) the ratio (based on the most recent available date) of (i) the average per capite income of individuals in the United States to (ii) the average per capite income of individuals in the State;
 * ® Commonwealth of Puerto Rico, for a fiscal year shall be the
 * (b) DBTraaflNATioN UNDER FORMULA.—

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