42 U.S.C. § 1397a | Payments to States

(a)

Amount; covered services

(1)

section 1397 of this title Each State shall be entitled to payment under this division for each fiscal year in an amount equal to its allotment for such fiscal year, to be used by such State for services directed at the goals set forth in , subject to the requirements of this division.

(2)

For purposes of paragraph (1)—

(A)

section 1397 of this title services which are directed at the goals set forth in include, but are not limited to, child care services, protective services for children and adults, services for children and adults in foster care, services related to the management and maintenance of the home, day care services for adults, transportation services, family planning services, training and related services, employment services, information, referral, and counseling services, the preparation and delivery of meals, health support services and appropriate combinations of services designed to meet the special needs of children, the aged, the mentally retarded, the blind, the emotionally disturbed, the physically handicapped, and alcoholics and drug addicts; and

(B)

expenditures for such services may include expenditures for—

(i)

administration (including planning and evaluation);

(ii)

personnel training and retraining directly related to the provision of those services (including both short- and long-term training at educational institutions through grants to such institutions or by direct financial assistance to students enrolled in such institutions); and

(iii)

conferences or workshops, and training or retraining through grants to nonprofit organizations within the meaning of section 501(c)(3) of the Internal Revenue Code of 1986 or to individuals with social services expertise, or through financial assistance to individuals participating in such conferences, workshops, and training or retraining (and this clause shall apply with respect to all persons involved in the delivery of such services).

(b)

Funding requirements

section 6503 of title 31The Secretary shall make payments in accordance with to each State from its allotment for use under this division.

(c)

Expenditure of funds

Payments to a State from its allotment for any fiscal year must be expended by the State in such fiscal year or in the succeeding fiscal year.

(d)

Transfers of funds

section 1397b of this titleA State may transfer up to 10 percent of its allotment under for any fiscal year for its use for that year under other provisions of Federal law providing block grants for support of health services, health promotion and disease prevention activities, or low-income home energy assistance (or any combination of those activities). Amounts allotted to a State under any provisions of Federal law referred to in the preceding sentence and transferred by a State for use in carrying out the purposes of this division shall be treated as if they were paid to the State under this division but shall not affect the computation of the State’s allotment under this division. The State shall inform the Secretary of any such transfer of funds.

(e)

Use of portion of funds

A State may use a portion of the amounts described in subsection (a) for the purpose of purchasing technical assistance from public or private entities if the State determines that such assistance is required in developing, implementing, or administering programs funded under this division.

(f)

Authority to use vouchers

section 1397 of this titleA State may use funds provided under this division to provide vouchers, for services directed at the goals set forth in , to families, including—

(1)

families who have become ineligible for assistance under a State program funded under part A of subchapter IV by reason of a durational limit on the provision of such assistance; and

(2)

families denied cash assistance under the State program funded under part A of subchapter IV for a child who is born to a member of the family who is—

(A)

a recipient of assistance under the program; or

(B)

a person who received such assistance at any time during the 10-month period ending with the birth of the child.

Aug. 14, 1935, ch. 531 Pub. L. 97–35, title XXIII, § 2352(a)Aug. 13, 198195 Stat. 867 Pub. L. 98–369, div. B, title VI, § 2663(h)(1)July 18, 198498 Stat. 1169 Pub. L. 99–514, § 2Oct. 22, 1986100 Stat. 2095 Pub. L. 104–193, title IX, § 908(b)Aug. 22, 1996110 Stat. 2351 Pub. L. 111–148, title VI, § 6703(d)(1)(B)Mar. 23, 2010124 Stat. 803(, title XX, § 2002, as added , , ; amended , , ; , , ; , , ; , , .)

Editorial Notes

References in Text

section 501 of Title 26Section 501 of the Internal Revenue Code of 1986, referred to in subsec. (a)(2)(B)(iii), is classified to , Internal Revenue Code.

Prior Provisions

Aug. 14, 1935, ch. 531Jan. 4, 1975Pub. L. 93–647, § 2 88 Stat. 2337Oct. 21, 1975Pub. L. 94–120, § 4(b)89 Stat. 609Sept. 7, 1976Pub. L. 94–401 90 Stat. 1215June 30, 1977Pub. L. 95–59, § 5 91 Stat. 255Oct. 25, 1977Pub. L. 95–142 91 Stat. 1179Nov. 6, 1978Pub. L. 95–600, title VIII, § 801(a)92 Stat. 2944Oct. 17, 1979Pub. L. 96–88, title V, § 509(b)93 Stat. 695Jan. 2, 1980Pub. L. 96–178, § 4(a)93 Stat. 1296June 17, 1980Pub. L. 96–272, title I, § 103(e)94 Stat. 521–525Dec. 5, 1980Pub. L. 96–499, title X, § 1001(a)94 Stat. 2655 section 2352(a) of Pub. L. 97–35A prior section 1397a, acts , title XX, § 2002, as added , , ; amended , , ; , , §§ 1(a)–(c), 5(a), , 1218; , , ; , , §§ 3(d)(2), 8(d), , 1195; , , ; , , ; , , (c), , 1297; , , title II, §§ 201–204(a), 205(a), 206(e), 207(a), ; , , , related to payments to States and computation of amounts, prior to the general revision of this subchapter by .

Amendments

Pub. L. 111–148Aug. 14, 1935Aug. 14, 19352010—, which directed substitution of “this division” for “this subchapter” wherever appearing in subtitle 1 of title XX of act , was executed by making the substitution wherever appearing in this section, which is in subtitle A of title XX of act , to reflect the probable intent of Congress.

Pub. L. 104–1931996—Subsec. (f). added subsec. (f).

Pub. L. 99–5141986—Subsec. (a)(2)(B)(iii). substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”.

Pub. L. 98–369 section 6503 of title 31 42 U.S.C. 42131984—Subsec. (b). substituted “” for “section 203 of the Intergovernmental Cooperation Act of 1968 ()”.

Statutory Notes and Related Subsidiaries

Effective Date of 1984 Amendment

Pub. L. 98–369July 18, 1984section 2664(b) of Pub. L. 98–369 section 401 of this titleAmendment by effective , but not to be construed as changing or affecting any right, liability, status, or interpretation which existed (under the provisions of law involved) before that date, see , set out as a note under .

Temporary Suspension of Child Day Care Services Requirements

Pub. L. 96–499, title X, § 1001(b)Dec. 5, 198094 Stat. 2655 Pub. L. 93–647, § 3(f)Jan. 4, 197588 Stat. 2349June 30, 1980July 1, 1981, , , provided that the provisions of , , , set out as a note below, not apply with respect to child day care services provided after , and prior to , which met applicable standards of State and local law.

October 1, 1975Reimbursement of Expenditures for Social Services Provided by States Prior to ; Authorization of Appropriations; Procedures Applicable to Payment of Unpaid Claims of States

Pub. L. 95–291June 12, 197892 Stat. 304Oct. 1, 1975June 12, 1978, , , authorized appropriations for payments to States in settlement of unpaid claims of States against the United States for reimbursement of expenditures made by States prior to , for services and administrative costs under a State plan pursuant to specific subchapters of this chapter, provided schedules for payment of a claim asserted prior to the ninety-first day after , depending on when the claim was asserted, barred other claims and certain claims of the United States for recovery, provided for review of determinations, barred judicial review, and provided for allotment of appropriations for claims.

July 1, 1976September 30, 1976September 30, 1977Payments to States for Fiscal Period Beginning , and Ending , and Fiscal Years Ending , 1978, and 1979, Computation Amounts, Limitations, Etc.

Pub. L. 94–401, § 3Sept. 7, 197690 Stat. 1215 Pub. L. 95–171, § 1(a)Nov. 12, 197791 Stat. 1353 Pub. L. 95–600, title VIII, § 801(b)Nov. 6, 197892 Stat. 2944 Pub. L. 96–178, § 3(b)Jan. 2, 198093 Stat. 1296July 1, 1976Sept. 30, 1976Sept. 30, 1977, , , as amended by , , ; , , ; –(f), , , provided for computation of amounts of payments to States under this subchapter for the fiscal period beginning , and ending , and fiscal years ending , 1978, and 1979, limitations on such amounts, and a limit on the total amount of Federal payments made to States in any such fiscal year under this subchapter.

Requirements of Child Day Care Services

Pub. L. 93–647, § 3(f)Jan. 4, 197588 Stat. 2349 Pub. L. 97–35, title XXIII, § 2353(s)Aug. 13, 198197 Stat. 874, , , which provided for requirements of child day care services, was repealed by , , .