104 STAT. 596 PUBLIC LAW 101-381—AUG. 18, 1990 Territories, U.S. "(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 and 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 2620 for the fiscal year involved; and "(ii) the ratio of the distribution factor for the State or territory to the sum of the distribution factors for all the States or territories. "(B) DISTRIBUTION FACTOR. — As used in subparagraph (A)(ii), the term 'distribution factor' means— "(i) in the case of a State, the product of— "(I) the number of cases of acquired immune deficiency syndrome in the State, as indicated by the number of cases reported to and confirmed by the Secretary for the 2 most recent fiscal years for which such data are available; and "(11) the cube root of the ratio (based on the most recent available data) of^ "(aa) the average per capita income of individuals in the United States (including the territories); to "(bb) the average per capita income of individuals in the State; and "(ii) in the case of a territory of the United States the number of additional cases of such syndrome in the specific territory, as indicated by the number of cases reported to and confirmed by the Secretary for the 2 most recent fiscal years for which such data is available. "(3) DEFINITIONS.— As used in this subsection— "(A) the term 'State' means each of the 50 States, the District of Columbia and the Commonwealth of Puerto Rico; and "(B) the term 'territory of the United States' means the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and the Republic of the Marshall Islands. " (c) ALLOCATION OF ASSISTANCE BY STATES. — "(1) CONSORTIA. — In a State that has reported 1 percent or more of all AIDS cases reported to and confirmed by the Centers for Disease Control in all States, not less than 50 percent of the amount received by the State under a grant awarded under this part shall be utilized for the creation and operation of community-based comprehensive care consortia under section 2613, in those areas within the State in which the largest number of individuals with HIV disease reside. "(2) ALLOWANCES.— Prior to allocating assistance under this subsection, a State shall consider the unmet needs of those areas that have not received financial gissistance under part A. "(3) PLANNING AND EVALUATIONS. —A State may not use in excess of 5 percent of amounts received under a grant awarded under this part for planning and evaluation activities.
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