42 U.S.C. § 702 : US Code - Section 702: Allotment to States and Federal set-aside

Search 42 U.S.C. § 702 : US Code - Section 702: Allotment to States and Federal set-aside

(a) Special projects
(1) Of the amounts appropriated under section 701(a) of this
title for a fiscal year that are not in excess of $600,000,000, the
Secretary shall retain an amount equal to 15 percent for the
purpose of carrying out activities described in section 701(a)(2)
of this title. The authority of the Secretary to enter into any
contracts under this subchapter is effective for any fiscal year
only to such extent or in such amounts as are provided in
appropriations Acts.
(2) For purposes of paragraph (1) -
(A) amounts retained by the Secretary for training shall be
used to make grants to public or nonprofit private institutions
of higher learning for training personnel for health care and
related services for mothers and children; and
(B) amounts retained by the Secretary for research shall be
used to make grants to, contracts with, or jointly financed
cooperative agreements with, public or nonprofit institutions of
higher learning and public or nonprofit private agencies and
organizations engaged in research or in maternal and child health
or programs for children with special health care needs for
research projects relating to maternal and child health services
or services for children with special health care needs which
show promise of substantial contribution to the advancement
thereof.
(3) No funds may be made available by the Secretary under this
subsection or subsection (b) of this section unless an application
therefor has been submitted to, and approved by, the Secretary.
Such application shall be in such form, be submitted in such
manner, and contain and be accompanied by such information as the
Secretary may specify. No such application may be approved unless
it contains assurances that the applicant will use the funds
provided only for the purposes specified in the approved
application and will establish such fiscal control and fund
accounting procedures as may be necessary to assure proper
disbursement and accounting of Federal funds paid to the applicant
under this subchapter.
(b) Excess funds; preference
(1)(A) Of the amounts appropriated under section 701(a) of this
title for a fiscal year in excess of $600,000,000 the Secretary
shall retain an amount equal to 12 3/4 percent thereof for the
projects described in subparagraphs (A) through (F) of section
701(a)(3) of this title.
(B) Any amount appropriated under section 701(a) of this title
for a fiscal year in excess of $600,000,000 that remains after the
Secretary has retained the applicable amount (if any) under
subparagraph (A) shall be retained by the Secretary in accordance
with subsection (a) of this section and allocated to the States in
accordance with subsection (c) of this section.
(2)(A) Of the amounts retained for the purpose of carrying out
activities described in section 701(a)(3)(A), (B), (C), (D) and (E)
of this title, the Secretary shall provide preference to qualified
applicants which demonstrate that the activities to be carried out
with such amounts shall be in areas with a high infant mortality
rate (relative to the average infant mortality rate in the United
States or in the State in which the area is located).
(B) In carrying out activities described in section 701(a)(3)(D)
of this title, the Secretary shall not provide for developing or
expanding a maternal and child health center unless the Secretary
has received satisfactory assurances that there will be applied,
towards the costs of such development or expansion, non-Federal
funds in an amount at least equal to the amount of funds provided
under this subchapter toward such development or expansion.
(c) Allotments to States
From the remaining amounts appropriated under section 701(a) of
this title for any fiscal year that are not in excess of
$600,000,000, the Secretary shall allot to each State which has
transmitted an application for the fiscal year under section 705(a)
of this title, an amount determined as follows:
(1) The Secretary shall determine, for each State -
(A)(i) the amount provided or allotted by the Secretary to
the State and to entities in the State under the provisions of
the consolidated health programs (as defined in section
701(b)(1) of this title), other than for any of the projects or
programs described in subsection (a) of this section, from
appropriations for fiscal year 1981,
(ii) the proportion that such amount for that State bears to
the total of such amounts for all the States, and
(B)(i) the number of low income children in the State, and
(ii) the proportion that such number of children for that
State bears to the total of such numbers of children for all
the States.
(2) Each such State shall be allotted for each fiscal year an
amount equal to the sum of -
(A) the amount of the allotment to the State under this
subsection in fiscal year 1983, and
(B) the State's proportion (determined under paragraph
(1)(B)(ii)) of the amount by which the allotment available
under this subsection for all the States for that fiscal year
exceeds the amount that was available under this subsection for
allotment for all the States for fiscal year 1983.
(d) Re-allotment of unallotted funds
(1) To the extent that all the funds appropriated under this
subchapter for a fiscal year are not otherwise allotted to States
either because all the States have not qualified for such
allotments under section 705(a) of this title for the fiscal year
or because some States have indicated in their descriptions of
activities under section 705(a) of this title that they do not
intend to use the full amount of such allotments, such excess shall
be allotted among the remaining States in proportion to the amount
otherwise allotted to such States for the fiscal year without
regard to this paragraph.
(2) To the extent that all the funds appropriated under this
subchapter for a fiscal year are not otherwise allotted to States
because some State allotments are offset under section 706(b)(2) of
this title, such excess shall be allotted among the remaining
States in proportion to the amount otherwise allotted to such
States for the fiscal year without regard to this paragraph.