42 U.S.C. § 300w–3 — Use of allotments
submitted 82 years ago by Pub. L. 97-35 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 779 words · no verdicts yet
States can spend their allotment money on preventive health, emergency medical services, and rape-victim services, among other listed uses. States cannot use the money for inpatient care, cash payments, buildings, land, or required non-federal matching funds. States can transfer up to 7 percent of funds elsewhere, and can spend no more than 10 percent on administration.
(a) Preventive health services, comprehensive public health services, emergency medical services, etc.: (1) Except as limited by subsections (b) and (c), a state* may use its section 300w–2 payments for: (A) activities that help meet the Secretary's year 2000 health objectives; (B) preventive health programs for rodent control and community and school fluoridation; (C) planning and feasibility studies for emergency medical services systems, and setting them up, expanding them, or improving them — though this money can't cover a system's operating costs or equipment purchases, except up to 50 percent of the cost of communications equipment; trauma-care planning is allowed only if it follows section 300d–13(a); (D) services for, and prevention of, sex offenses; (E) building, running, and coordinating systems to cut asthma illness — especially in children — by reducing cockroach allergen or other known asthma triggers, using integrated pest management; this may include building-maintenance costs and community-participation programs (integrated pest management here means combining biological, cultural, physical, and chemical methods to manage pests in public buildings while minimizing economic, health, and environmental risk); (F) related planning, administration, and education for any of (A) through (E); and (G) monitoring and evaluating activities under (A) through (F). (2) Except as allowed in subsection (b), money from a state's allotment under section 300w–1(b) may only fund services for rape victims and rape prevention. (3) The Secretary* may give states technical help planning and running these activities.
(b) Prohibited uses: A state may not use this money to: (1) pay for inpatient care; (2) make cash payments to people receiving services; (3) buy or improve land, build or permanently improve buildings or other facilities, beyond minor remodeling, or buy major medical equipment; (4) meet any non-federal matching-fund requirement for other federal money; or (5) fund any group besides a public or nonprofit private entity. Except for the asthma activities in (a)(1)(E), the Secretary may waive the building and equipment limit in (3) if a state shows extraordinary circumstances and the waiver would help carry out this part.
(c) Transfer of funds: A state may shift up to 7 percent of its section 300w–1(a) allotment, in a given fiscal year, to programs under part B of this subchapter and title V of the Social Security Act. It may shift up to 3 percent in the first three quarters of the year, and whatever's left of that 7 percent in the last quarter.
(d) Limitation on administrative costs: A state may spend no more than 10 percent of each of its allotments — under subsections (a) and (b) of section 300w–1 — on administering the section 300w–2 payments. The state must pay any remaining administrative costs from non-federal money.
Except as provided in subsections (b) and (c), payments made to a State* under section 300w–2 of this title may be used for the following:
Activities consistent with making progress toward achieving the objectives established by the Secretary* for the health status of the population of the United States for the year 2000 (in this part referred to as “year 2000 health objectives”).
Preventive health service* programs for the control of rodents and for community and school-based fluoridation programs.
Feasibility studies and planning for emergency medical services systems and the establishment, expansion, and improvement of such systems. Amounts for such systems may not be used for the costs of the operation of the systems or the purchase of equipment for the systems, except that such amounts may be used for the payment of not more than 50 percent of the costs of purchasing communications equipment for the systems. Amounts may be expended for feasibility studies or planning for the trauma-care components of such systems only if the studies or planning, respectively, is consistent with the requirements of section 300d–13(a) of this title.
Providing services to victims of sex offenses and for prevention of sex offenses.
The establishment, operation, and coordination of effective and cost-efficient systems to reduce the prevalence of illness due to asthma and asthma-related illnesses, especially among children, by reducing the level of exposure to cockroach allergen or other known asthma triggers through the use of integrated pest management, as applied to cockroaches or other known allergens. Amounts expended for such systems may include the costs of building maintenance and the costs of programs to promote community participation in the carrying out at such sites of integrated pest management, as applied to cockroaches or other known allergens. For purposes of this subparagraph, the term “integrated pest management” means an approach to the management of pests in public facilities that combines biological, cultural, physical, and chemical tools in a way that minimizes economic, health, and environmental risks.
With respect to activities described in any of subparagraphs (A) through (E), related planning, administration, and educational activities.
Monitoring and evaluation of activities carried out under any of subparagraphs (A) through (F).
Except as provided in subsection (b), amounts paid to a State under section 300w–2 of this title from its allotment under section 300w–1(b) of this title may only be used for providing services to rape victims and for rape prevention.
The Secretary may provide technical assistance to States in planning and operating activities to be carried out under this part.
A State may not use amounts paid to it under section 300w–2 of this title to—
provide inpatient services,
make cash payments to intended recipients of health services,
purchase or improve land, purchase, construct, or permanently improve (other than minor remodeling) any building or other facility, or purchase major medical equipment,
satisfy any requirement for the expenditure of non-Federal funds as a condition for the receipt of Federal funds, or
provide financial assistance to any entity other than a public or nonprofit private entity.
Except as provided in subsection (a)(1)(E), the Secretary may waive the limitation contained in paragraph (3) upon the request of a State if the Secretary finds that there are extraordinary circumstances to justify the waiver and that granting the waiver will assist in carrying out this part.
A State may transfer not more than 7 percent of the amount allotted to the State under section 300w–1(a) of this title for any fiscal year for use by the State under part B of this subchapter and title V of the Social Security Act [42 U.S.C. 701 et seq.] in such fiscal year as follows: At any time in the first three quarters of the fiscal year a State may transfer not more than 3 percent of the allotment of the State for the fiscal year for such use, and in the last quarter of a fiscal year a State may transfer for such use not more than the remainder of the amount of its allotment which may be transferred.
Of the amount paid to any State under section 300w–2 of this title, not more than 10 percent paid from each of its allotments under subsections (a) and (b) of section 300w–1 of this title may be used for administering the funds made available under section 300w–2 of this title. The State will pay from non-Federal sources the remaining costs of administering such funds.
Source credit: (July 1, 1944, ch. 373, title XIX, § 1904, as added Pub. L. 97–35, title IX, § 901, Aug. 13, 1981, 95 Stat. 537; amended Pub. L. 97–414, § 8(s), Jan. 4, 1983, 96 Stat. 2062; Pub. L. 99–646, § 87(d)(1)(A), Nov. 10, 1986, 100 Stat. 3623; Pub. L. 99–654, § 3(b)(1)(A), Nov. 14, 1986, 100 Stat. 3663; Pub. L. 100–607, title III, § 301(b), Nov. 4, 1988, 102 Stat. 3111; Pub. L. 102–531, title I, § 102, Oct. 27, 1992, 106 Stat. 3470; Pub. L. 106–310, div. A, title V, § 511, Oct. 17, 2000, 114 Stat. 1116.)
- 1944Enacted · Pub. L. 97-35 · 95 Stat. 537
- 1983Amended · Pub. L. 97-414 · 96 Stat. 2062
- 1986Amended · Pub. L. 99-646 · 100 Stat. 3623
- 1986Amended · Pub. L. 99-654 · 100 Stat. 3663
- 1988Amended · Pub. L. 100-607 · 102 Stat. 3111
- 1992Amended · Pub. L. 102-531 · 106 Stat. 3470
- 2000Amended · Pub. L. 106-310 · 114 Stat. 1116
A history note hasn’t been published yet. The record shows enactment by Pub. L. 97-35 on 1944-07-01.
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