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42 U.S.C. § 702 — Allotment to States and Federal set-aside

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 702 — Allotment to States and Federal set-aside

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Source file: Laws/federal/codes/united-states-code/title-42/section-702-allotment-to-states-and-federal-set-aside--164b64dff4.md
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Source location: Title 42, Chapter 7, § 702; chapter-007-social-security.md

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**(a) Special projects** (1) Of the amounts appropriated under [section 701(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section701/a&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section701/a/2&num=0&edition=prelim). 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) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section701/a&num=0&edition=prelim) for a fiscal year in excess of $600,000,000 the Secretary shall retain an amount equal to 12¾ percent thereof for the projects described in subparagraphs (A) through (F) of [section 701(a)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section701/a/3&num=0&edition=prelim). (B) Any amount appropriated under [section 701(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section701/a&num=0&edition=prelim) 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) and allocated to the States in accordance with subsection (c). (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section701/a/3/D&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section701/a&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section705/a&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section701/b/1&num=0&edition=prelim)), other than for any of the projects or programs described in subsection (a), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section705/a&num=0&edition=prelim) for the fiscal year or because some States have indicated in their descriptions of activities under [section 705(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section705/a&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section706/b/2&num=0&edition=prelim), 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.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 701 — Authorization of appropriations; purposes; definitions

**(a)** To improve the health of all mothers and children consistent with the applicable health status goals and national health objectives established by the Secretary under the Public Health Service Act [[42 U.S.C. 201](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section201&num=0&edition=prelim) et seq.] for the year 2000, there are authorized to be appropriated $850,000,000 for fiscal year 2001 and each fiscal year thereafter— (1) for the purpose of enabling each State— (A) to provide and to assure mothers and children (in particular those with low income or with limited availability of health services) access to quality maternal and child health services; (B) to reduce infant mortality and the incidence of preventable diseases and handicapping conditions among children, to reduce the incidence of stillbirth, to reduce the need for inpatient and long-term care services, to increase the number of children (especially preschool children) appropriately immunized against disease and the number of low income children receiving health assessments and follow-up diagnostic and treatment services, and otherwise to promote the health of mothers and infants by providing prenatal, delivery, and postpartum care for low income, at-risk pregnant women, and to promote the health of children by providing preventive and primary care services for low income children; (C) to provide rehabilitation services for blind and disabled individuals under the age of 16 receiving benefits under subchapter XVI, to the extent medical assistance for such services is not provided under subchapter XIX; and (D) to provide and to promote family-centered, community-based, coordinated care (including care coordination services, as defined in subsection (b)(3)) for chi

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 701

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 705 — Application for block grant funds

**(a)** In order to be entitled to payments for allotments under [section 702 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section702&num=0&edition=prelim) for a fiscal year, a State must prepare and transmit to the Secretary an application (in a standardized form specified by the Secretary) that— (1) contains a statewide needs assessment (to be conducted every 5 years) that shall identify (consistent with the health status goals and national health objectives referred to in [section 701(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section701/a&num=0&edition=prelim)) the need for— (A) preventive and primary care services for pregnant women, mothers, and infants up to age one; (B) preventive and primary care services for children; and (C) services for children with special health care needs (as specified in [section 701(a)(1)(D) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section701/a/1/D&num=0&edition=prelim)); (2) includes for each fiscal year— (A) a plan for meeting the needs identified by the statewide needs assessment under paragraph (1); and (B) a description of how the funds allotted to the State under [section 702(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section702/c&num=0&edition=prelim) will be used for the provision and coordination of services to carry out such plan that shall include— (i) subject to paragraph (3), a statement of the goals and objectives consistent with the health status goals and national health objectives referred to in [section 701(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section701/a&num=0&edition=prelim) fo

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 705

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 703 — Payments to States

**(a) Statutory provisions applicable** From the sums appropriated therefor and the allotments available under [section 702(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section702/c&num=0&edition=prelim), the Secretary shall make payments as provided by [section 6503(a) of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6503/a&num=0&edition=prelim) to each State provided such an allotment under [section 702(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section702/c&num=0&edition=prelim), for each quarter, of an amount equal to four-sevenths of the total of the sums expended by the State during such quarter in carrying out the provisions of this subchapter. **(b) Unobligated allotments** Any amount payable to a State under this subchapter from allotments for a fiscal year which remains unobligated at the end of such year shall remain available to such State for obligation during the next fiscal year. No payment may be made to a State under this subchapter from allotments for a fiscal year for expenditures made after the following fiscal year. **(c) Reduction of payments; fair market value of supplies or equipment, value of salaries, travel expenses, etc.** The Secretary, at the request of a State, may reduce the amount of payments under subsection (a) by— (1) the fair market value of any supplies or equipment furnished the State, and (2) the amount of the pay, allowances, and travel expenses of any officer or employee of the Government when detailed to the State and the amount of any other costs incurred in connection with the detail of such officer or employee, when the furnishing of supplies or equipment or the detail of an officer or employee is

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 703

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 704 — Use of allotment funds

**(a) Covered services** Except as otherwise provided under this section, a State may use amounts paid to it under [section 703 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section703&num=0&edition=prelim) for the provision of health services and related activities (including planning, administration, education, and evaluation and including payment of salaries and other related expenses of National Health Service Corps personnel) consistent with its application transmitted under [section 705(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section705/a&num=0&edition=prelim). **(b) Restrictions** Amounts described in subsection (a) may not be used for— (1) inpatient services, other than inpatient services provided to children with special health care needs or to high-risk pregnant women and infants and such other inpatient services as the Secretary may approve; (2) cash payments to intended recipients of health services; (3) the purchase or improvement of land, the purchase, construction, or permanent improvement (other than minor remodeling) of any building or other facility, or the purchase of major medical equipment; (4) satisfying any requirement for the expenditure of non-Federal funds as a condition for the receipt of Federal funds; (5) providing funds for research or training to any entity other than a public or nonprofit private entity; or (6) payment for any item or service (other than an emergency item or service) furnished— (A) by an individual or entity during the period when such individual or entity is excluded under this subchapter or subchapter XVIII, XIX, or XX pursuant to section 1320a–7, 1320a–7a, 1320c–5, or 1395u(j)(2) of this title, or (B) at the medical direct

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 704

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 711 — Maternal, infant, and early childhood home visiting programs

**(a) Purposes** The purposes of this section are— (1) to strengthen and improve the programs and activities carried out under this subchapter; (2) to improve coordination of services for at risk communities; and (3) to identify and provide comprehensive services to improve outcomes for families who reside in at risk communities. **(b) Requirement for all States to assess statewide needs and identify at risk communities** (1) **In general** — Each State shall, as a condition of receiving payments from an allotment for the State under [section 702 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section702&num=0&edition=prelim), conduct a statewide needs assessment (which may be separate from but in coordination with the statewide needs assessment required under [section 705(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section705/a&num=0&edition=prelim) and which shall be reviewed and updated by the State not later than October 1, 2020) that identifies— (A) communities with concentrations of— (i) premature birth, low-birth weight infants, and infant mortality, including infant death due to neglect, or other indicators of at-risk prenatal, maternal, newborn, or child health; (ii) poverty; (iii) crime; (iv) domestic violence; (v) high rates of high-school drop-outs; (vi) substance abuse; (vii) unemployment; or (viii) child maltreatment; (B) the quality and capacity of existing programs or initiatives for early childhood home visitation in the State including— (i) the number and types of individuals and families who are receiving services under such programs or initiatives; (ii) the gaps in early childhood home visitation in the State; an

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 711

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 702 — Allotment to States and Federal set-aside

Page 2433 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 702 this subtitle) may not exceed the amount which is al- lotted to the State for that fiscal year under such section (without regard to paragraphs (3) and (4) thereof). ‘‘(C) For fiscal year 1982, the Secretary shall reduce the amount which would otherwise be available— ‘‘(i) for expenditures by the Secretary under section 502(a) of the Social Security Act [42 U.S.C. 702(a)] (as amended by this subtitle) by the amounts which the Secretary determines or estimates are payable for consolidated Federal programs (as defined in sub- section (c)(2)(B)) from funds for fiscal year 1982, and ‘‘(ii) for allotment to each of the States under sec- tion 502(b) of such Act [42 U.S.C. 702(b)] (as so amend- ed) by the amounts which the Secretary determines or estimates are payable to that State (or entities in the State) under the consolidated State programs (as defined in subsection (c)(2)(C)) from funds for fiscal year 1982. ‘‘(c) For purposes of this section: ‘‘(1) The term ‘State’ has the meaning given such term for purposes of title V of the Social Security Act [42 U.S.C. 701 et seq.]. ‘‘(2)(A) The term ‘consolidated health programs’ has the meaning given such term in section 501(b) of the Social Security Act [42 U.S.C. 701(b)] (as amended by this subtitle). ‘‘(B) The term ‘consolidated Federal programs’ means the consolidated health programs— ‘‘(i) of special projects grants under sections 503 and 504 [42 U.S.C. 703, 704], and training grants under section 511 [42 U.S.C. 711], of the Social Secu- rity Act, ‘‘(ii) of grants and contracts for genetic disease projects and programs under section 1101 of the Public Health Service Act [former 42 U.S.C. 300b], and ‘‘(iii) of grants or contracts for comprehe

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 702

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