Page:United States Statutes at Large Volume 102 Part 4.djvu/129

 PUBLIC LAW 100-607—NOV. 4, 1988

102 STAT. 3099

$100,000,000, the amount referred to in subsection (a)(1) is $200,000 for the fiscal year. "(3) If the total amount appropriated under section 2514(a) for a fiscal year is less than $50,000,000, the amount referred to in subsection (a)(1) is $100,000 for the fiscal year. "(c) DETERMINATION UNDER FORMULA.—

"(1) The amount referred to in subsection (a)(2) is the sum of— "(A) the amount determined under paragraph (2); and "(B) the amount determined under paragraph (3). "(2) The amount referred to in paragraph (I)(A) is the product of— "(A) an amount equal to 50 percent of the amounts appropriated pursuant to section 2514(a); and (B) a percentage equal to the quotient of^ "(i) the population of the State involved; divided by "(ii) the population of the United States. "(3) The amount referred to in paragraph (I)(B) is the product of— "(A) an amount equal to 50 percent of the amounts apjpropriated pursuemt to section 2514(a); and (B) a percentage equal to the quotient of— "(i) the number of additional cases of acquired immune deficiency s5ntidrome reported to and confirmed by the Secretary for the State involved for the most recent fiscal year for which such data is available; divided by "(ii) the number of additional cases of such sjnidrome reported to and confirmed by the Secretary for the United States for such fiscal year. "(d) DISPOSITION OF CERTAIN FUNDS APPROPRIATED FOR ALLOTMENTS.—

"(1) Amounts described in paragraph (2) shall be allotted by the Secretary to States receiving payments under section 2501(a) for the fiscal year (other than any State referred to in paragraph (2)(C)). Such amounts shall be allotted according to a formula established by the Secretary. The formula shall be equivalent to the formula described in this section under which the allotment for the State for the fiscal year involved was determined. "(2) The amounts referred to in paragraph (1) are any amounts that are not paid to States under section 2501(a) as a result of— "(A) the failure of any State to submit an application under section 2507; "(B) the failure, in the determination of the Secretary, of any State to prepare within a reasonable period of time such application in compliance with such section; 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. "SEC. 2508. FAILURE TO COMPLY WITH AGREEMENTS. "(a) REPAYMENT OF PAYMENTS.—

"(1) The Secretary may, subject to subsection (c), require a State to repay any payments received by the State under section 2501(a) that fiie Secretary determines were not expended by the State in accordance with the agreements required to be con-

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