
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC1397b]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                       CHAPTER 7--SOCIAL SECURITY
 
        SUBCHAPTER XX--BLOCK GRANTS TO STATES FOR SOCIAL SERVICES
 
Sec. 1397b. Allotments


(a) Computation of amounts for jurisdictions of Puerto Rico, Guam, etc.

    The allotment for any fiscal year to each of the jurisdictions of 
Puerto Rico, Guam, the Virgin Islands, and the Northern Mariana Islands 
shall be an amount which bears the same ratio to the amount specified in 
subsection (c) of this section as the amount which was specified for 
allocation to the particular jurisdiction involved for the fiscal year 
1981 under section 1397a(a)(2)(C) of this title (as in effect prior to 
Aug. 13, 1981) bore to $2,900,000,000. The allotment for fiscal year 
1989 and each succeeding fiscal year to American Samoa shall be an 
amount which bears the same ratio to the amount allotted to the Northern 
Mariana Islands for that fiscal year as the population of American Samoa 
bears to the population of the Northern Mariana Islands determined on 
the basis of the most recent data available at the time such allotment 
is determined.

(b) Computation of amounts for each State other than jurisdictions of 
        Puerto Rico, Guam, etc.

    The allotment for any fiscal year for each State other than the 
jurisdictions of Puerto Rico, Guam, the Virgin Islands, American Samoa, 
and the Northern Mariana Islands shall be an amount which bears the same 
ratio to--
        (1) the amount specified in subsection (c) of this section, 
    reduced by
        (2) the total amount allotted to those jurisdictions for that 
    fiscal year under subsection (a) of this section,

as the population of that State bears to the population of all the 
States (other than Puerto Rico, Guam, the Virgin Islands, American 
Samoa, and the Northern Mariana Islands) as determined by the Secretary 
(on the basis of the most recent data available from the Department of 
Commerce) and promulgated prior to the first day of the third month of 
the preceding fiscal year.

(c) Appropriations

    The amount specified for purposes of subsections (a) and (b) of this 
section shall be--
        (1) $2,400,000,000 for the fiscal year 1982;
        (2) $2,450,000,000 for the fiscal year 1983;
        (3) $2,700,000,000 for the fiscal years 1984, 1985, 1986, 1987, 
    and 1989;
        (4) $2,750,000,000 for the fiscal year 1988;
        (5) $2,800,000,000 for each of the fiscal years 1990 through 
    1995;
        (6) $2,381,000,000 for the fiscal year 1996;
        (7) $2,380,000,000 for the fiscal year 1997;
        (8) $2,299,000,000 for the fiscal year 1998;
        (9) $2,380,000,000 for the fiscal year 1999;
        (10) $2,380,000,000 for the fiscal year 2000; and
        (11) $1,700,000,000 for the fiscal year 2001 and each fiscal 
    year thereafter.

(Aug. 14, 1935, ch. 531, title XX, Sec. 2003, as added Pub. L. 97-35, 
title XXIII, Sec. 2352(a), Aug. 13, 1981, 95 Stat. 868; amended Pub. L. 
97-248, title I, Sec. 160(b), Sept. 3, 1982, 96 Stat. 400; Pub. L. 98-
135, title II, Sec. 204, Oct. 24, 1983, 97 Stat. 861; Pub. L. 99-514, 
title XVIII, Sec. 1883(e)(1), Oct. 22, 1986, 100 Stat. 2919; Pub. L. 
100-203, title IX, Secs. 9134(a), 9135(a)(2), Dec. 22, 1987, 101 Stat. 
1330-315; Pub. L. 101-239, title VIII, Sec. 8016, Dec. 19, 1989, 103 
Stat. 2470; Pub. L. 104-193, title IX, Sec. 908(a), Aug. 22, 1996, 110 
Stat. 2350; Pub. L. 105-178, title VIII, Sec. 8401(a), June 9, 1998, 112 
Stat. 498; Pub. L. 105-277, div. A, Sec. 101(f) [title II, Sec. 214(a)], 
Oct. 21, 1998, 112 Stat. 2681-337, 2681-361.)


                            Prior Provisions

    A prior section 1397b, act Aug. 14, 1935, ch. 531, title XX, 
Sec. 2003, as added Jan. 4, 1975, Pub. L. 93-647, Sec. 2, 88 Stat. 2343; 
amended Oct. 21, 1975, Pub. L. 94-120, Sec. 4(a), 89 Stat. 609; Oct. 25, 
1977, Pub. L. 95-142, Sec. 3(d)(1), 91 Stat. 1179; June 9, 1980, Pub. L. 
96-265, title IV, Sec. 403(b), 94 Stat. 462; June 17, 1980, Pub. L. 96-
272, title II, Sec. 206(c), (d), 94 Stat. 525; Oct. 19, 1980, Pub. L. 
96-473, Sec. 6(l), 94 Stat. 2266; Dec. 5, 1980, Pub. L. 96-499, title 
IX, Sec. 913(e), 94 Stat. 2620, related to State programs for social 
services assistance, prior to the general revision of this subchapter by 
section 2352(a) of Pub. L. 97-35.


                               Amendments

    1998--Subsec. (c)(7). Pub. L. 105-178 added par. (7) and struck out 
former par. (7) which read as follows: ``$2,380,000,000 for each of the 
fiscal years 1997 through 2002; and''.
    Subsec. (c)(8). Pub. L. 105-277 added par. (8) and struck out former 
par. (8) which read as follows: ``$2,380,000,000 for the fiscal year 
1998;''.
    Pub. L. 105-178 added par. (8) and struck out former par. (8) which 
read as follows: ``$2,800,000,000 for the fiscal year 2003 and each 
succeeding fiscal year.''
    Subsec. (c)(9) to (11). Pub. L. 105-178 added pars. (9) to (11).
    1996--Subsec. (c)(5) to (8). Pub. L. 104-193 added pars. (5) to (8) 
and struck out former par. (5) which read as follows: ``$2,800,000,000 
for each fiscal year after fiscal year 1989.''
    1989--Subsec. (c)(3). Pub. L. 101-239, Sec. 8016(1), substituted 
``1987, and 1989;'' for ``and 1987, and for each succeeding fiscal year 
other than the fiscal year 1988; and''.
    Subsec. (c)(5). Pub. L. 101-239, Sec. 8016(2), (3), added par. (5).
    1987--Subsec. (a). Pub. L. 100-203, Sec. 9135(a)(2)(A), inserted at 
end ``The allotment for fiscal year 1989 and each succeeding fiscal year 
to American Samoa shall be an amount which bears the same ratio to the 
amount allotted to the Northern Mariana Islands for that fiscal year as 
the population of American Samoa bears to the population of the Northern 
Mariana Islands determined on the basis of the most recent data 
available at the time such allotment is determined.''
    Subsec. (b). Pub. L. 100-203, Sec. 9135(a)(2)(B), inserted 
``American Samoa,'' after ``the Virgin Islands,'' in two places.
    Subsec. (c)(2). Pub. L. 100-203, Sec. 9134(a)(A), struck out ``and'' 
after ``1983;''.
    Subsec. (c)(3). Pub. L. 100-203, Sec. 9134(a)(B), substituted 
``years 1984, 1985, 1986, and 1987, and for each succeeding fiscal year 
other than the fiscal year 1988; and'' for ``year 1984 and each 
succeeding fiscal year.''
    Subsec. (c)(4). Pub. L. 100-203, Sec. 9134(a)(C), added par. (4).
    1986--Subsec. (b). Pub. L. 99-514, Sec. 1883(e)(1)(B), struck out 
``(subject to subsection (d) of this section)'' after ``promulgated''.
    Subsec. (d). Pub. L. 99-514, Sec. 1883(e)(1)(A), struck out subsec. 
(d) which read as follows: ``The determination and promulgation required 
by subsection (b) of this section with respect to the fiscal year 1982 
shall be made as soon as possible after August 13, 1981.''
    1983--Subsec. (c)(3). Pub. L. 98-135 substituted ``$2,700,000,000 
for the fiscal year 1984 and each succeeding fiscal year.'' for 
``$2,500,000,000 for the fiscal year 1984;''.
    Subsec. (c)(4), (5). Pub. L. 98-135 struck out pars. (4) and (5) 
which provided, respectively, for an amount of $2,600,000,000 for fiscal 
year 1985 and $2,700,000,000 for fiscal year 1986 and succeeding fiscal 
years.
    1982--Subsec. (b). Pub. L. 97-248 inserted ``(other than Puerto 
Rico, Guam, the Virgin Islands, and the Northern Mariana Islands)'' in 
provisions following cl. (2).


                    Effective Date of 1998 Amendments

    Pub. L. 105-277, div. A, Sec. 101(f) [title II, Sec. 214(b)], Oct. 
21, 1998, 112 Stat. 2681-337, 2681-361, provided that: ``The amendment 
made by this section [amending this section] takes effect immediately 
after the amendments made by section 8401 of the Transportation Equity 
Act for the 21st Century take effect [Pub. L. 105-178].''
    Amendment by Pub. L. 105-178 effective Oct. 1, 1998, see section 
8401(c) of Pub. L. 105-178, set out as a note under section 604 of this 
title.


                    Effective Date of 1987 Amendment

    Amendment by section 9135(a)(2) of Pub. L. 100-203 applicable with 
respect to fiscal years beginning on or after Oct. 1, 1988, see section 
9135(c) of Pub. L. 100-203, set out as a note under section 621 of this 
title.


                    Effective Date of 1982 Amendment

    Amendment by Pub. L. 97-248 effective Oct. 1, 1981, see section 
160(e) of Pub. L. 97-248, set out as a note under section 1301 of this 
title.


  Requirement That Additional Funds Supplement and Not Supplant Funds 
                      Available From Other Sources

    Section 9134(b) of Pub. L. 100-203 provided that: ``The additional 
$50,000,000 made available to the States for the fiscal year 1988 
pursuant to the amendments made by subsection (a) [amending this 
section] shall--
        ``(A) be used only for the purpose of providing additional 
    services under title XX of the Social Security Act [this 
    subchapter]; and
        ``(B) be expended only to supplement the level of any funds that 
    would, in the absence of the additional funds appropriated pursuant 
    to such amendments, be available from other sources (including any 
    amounts available under title XX of the Social Security Act without 
    regard to such amendments) for services in accordance with such 
    title, and shall in no case supplant such funds from other sources 
    or reduce the level thereof.''


                             Appropriations

    Pub. L. 98-473, title IV, Sec. 401, Oct. 12, 1984, 98 Stat. 2195, 
provided that:
    ``(a)(1) Notwithstanding any provision of title XX of the Social 
Security Act [this subchapter], the amount applicable under section 
2003(c)(3) of such Act [subsec. (c)(3) of this section] shall be 
$2,725,000,000 for fiscal year 1985. Of such amount, $25,000,000 shall 
be allotted and used in accordance with this section.
    ``(2) In addition to any other amounts appropriated under this 
resolution [Pub. L. 98-473] or any Act, there are hereby appropriated 
$25,000,000 for fiscal year 1985, for carrying out title XX of the 
Social Security Act, to be used in accordance with the provisions of 
this section.
    ``(3) Amounts appropriated under this section shall remain available 
until September 30, 1985, without regard to section 102 of this 
resolution.
    ``(4) Except as otherwise provided in this section, each State's 
allotment of the additional amounts authorized and appropriated under 
this section shall be the same proportion of $25,000,000 as such State's 
proportional allotment of other title XX funds for fiscal year 1985, as 
determined under section 2003 of the Social Security Act [this section].
    ``(b) The additional $25,000,000 made available to the States for 
fiscal year 1985 pursuant to subsection (a) shall--
        ``(1) be used only for the purpose of providing training and 
    retraining (including training in the prevention of child abuse in 
    child care settings) to providers of licensed or registered child 
    care services, operators and staffs (including those receiving in-
    service training) of facilities where licensed or registered child 
    care services are provided, State licensing and enforcement 
    officials, and parents;
        ``(2) be expended only to supplement the level of any funds that 
    would, in the absence of the additional funds appropriated under 
    this section, be available from other sources (including any amounts 
    available under title XX of the Social Security Act [this 
    subchapter] without regard to this section) for the purpose 
    specified in paragraph (1), and shall in no case supplant such funds 
    from other sources or reduce the level thereof; and
        ``(3) be separately accounted for in the reports and audits 
    provided for in section 2006 of the Social Security Act [section 
    1397e of this title].
    ``(c)(1) In order to provide guidance and assistance to the States 
in utilizing funds allocated pursuant to title XX of the Social Security 
Act [this subchapter], not later than 3 months after the date of 
enactment of this section [Oct. 12, 1984], the Secretary shall draft and 
distribute to the States for their consideration, a Model Child Care 
Standards Act containing--
        ``(A) minimum licensing or registration standards for day care 
    centers, group homes, and family day care homes regarding matters 
    including--
            ``(i) the training, development, supervision, and evaluation 
        of staff;
            ``(ii) staff qualification requirements, by job 
        classification;
            ``(iii) staff-child ratios;
            ``(iv) probation periods for new staff;
            ``(v) employment history checks for staff; and
            ``(vi) parent visitation; and
    ``(2)(A) Any State receiving an allotment under such title from the 
funds made available as a result of subsection (a) shall have in effect, 
not later than September 30, 1985--
        ``(i) procedures, established by State law or regulation, to 
    provide for employment history and background checks; and
        ``(ii) provisions of State law, enacted in accordance with the 
    provisions of Public Law 92-544 (86 Stat. 115) [86 Stat. 1115, 28 
    U.S.C. 534 note] requiring nationwide criminal record checks
for all operators, staff or employees, or prospective operators, staff 
or employees of child care facilities (including any facility or program 
having primary custody of children for 20 hours or more per week), 
juvenile detention, correction or treatment facilities, with the 
objective of protecting the children involved and promoting such 
children's safety and welfare while receiving service through such 
facilities or programs.
    ``(B) In the case of any State not meeting the requirements of 
subparagraph (A) by September 30, 1985, such State's allotment for 
fiscal year 1986 or 1987 shall be reduced in the aggregate by an amount 
equal to one-half of the amount by which such State's allotment under 
such title was increased for fiscal year 1985 as a result of subsection 
(a).
    ``(d) The determination and promulgation required by section 2003(b) 
of the Social Security Act [subsec. (b) of this section] with respect to 
the fiscal year 1985 (to take into account the preceding provisions of 
this section) shall be made as soon as possible after the date of the 
enactment of this Act [Oct. 12, 1984].''

                  Section Referred to in Other Sections

    This section is referred to in sections 1397a, 1397f of this title.
