Pub. L. 102-321, tit. II, sec. 205
TEMPORARY PROVISIONS REGARDING FUNDING.
SEC. 205. TEMPORARY PROVISIONS REGARDING FUNDING. (a) Reallotment of Unpaid Portion of Allotment for Fiscal Year 1992.— (1) In general.—With respect to allotments made for fiscal year 1992 under part B of title XIX of the Public Health Service Act (as in effect on the day before the date of the enactment of this Act), any portion of the total of such allotments that has not been paid to the States as of the first day of the fourth quarter of such fiscal year shall be reallotted with the result that, subject to paragraph (2), the total allotment made for a State for fiscal year 1992 pursuant to such part (including reallotments under this paragraph) is the amount indicated for the State in the following table: State Amount Alabama $18,751,646 Alaska $2,734,000 Arizona $19,352,828 Arkansas $8,927,066 California $186,245,891 Colorado $17,873,097 Connecticut $16,576,000 Delaware $3,329,654 District of Columbia $4,896,000 Florida $63,093,000 Georgia $28,383,202 Hawaii $6,279,545 Idaho $3,422,626 Illinois $62,631,938 Indiana $28,563,000 Iowa $10,017,948 Kansas $8,929,313 Kentucky $14,691,461 Louisiana $19,625,929 Maine $5,466,524 Maryland $24,896,906 Massachusetts $6,009,000 Michigan $47,968,489 Minnesota $19,061,274 Mississippi $10,215,502 Missouri $22,952,468 Montana $3,523,100 Nebraska $6,019,775 Nevada $6,975,991 New Hampshire $5,290,704 New Jersey $47,170,000 New Mexico $7,079,374 New York $103,643,000 North Carolina $27,237,938 North Dakota $2,456,891 Ohio $56,647,000 Oklahoma $13,801,384 Oregon $13,824,013 Pennsylvania $61,799,000 Rhode Island $7,336,000 South Carolina $15,403,164 South Dakota $3,759,000 Tennessee $20,490,809 Texas $80,194,508 106 STAT. 415 Utah $10,705,633 Vermont $3,918,000 Virginia $27,883,059 Washington $27,284,210 West Virginia $7,475,330 Wisconsin $20,222,918 Wyoming $1,584,892 (2) Grants from allotments; certain conditions regarding all payments pursuant to part b for fiscal year 1992.— The Secretary shall make a grant to a State of the reallotment made for the State under paragraph (1) if the State agrees that the grant is subject to all conditions upon which allotments and payments under part B of title XIX of the Public Health Service Act are made for fiscal year 1992 (as in effect on the day before the date of the enactment of this Act), except as follows: (A) Notwithstanding section 1916(c)(6)(A) of such part— (i) the percentage of the total allotment referred to in paragraph (1) that is expended for mental health activities will be not less than the percentage determined under clause (i) of such section 1916(c)(6)(A) for fiscal year 1991; and (ii) the percentage of such total allotment that is expended for alcohol and drug abuse activities will be not less than the percentage determined under clause (ii) of such section 1916(c)(6)(A) for fiscal year 1991. (B)(i) In the case of such a grant to the State of California: With respect to any entity that received a grant under section 509E of the Public Health Service Act for fiscal year 1991 (as such section was in effect for such year) to carry out a program of services in such State— (I) the State will expend the grant to provide financial assistance to the entity for the purpose of continuing the program in such State, subject to clause (ii); and (II) the amount of such assistance for the fiscal year will be an amount equal to the amount the entity received under such section 509E for fiscal year 1991. (ii) The Secretary shall waive the requirement established in clause (i) with respect to a program described in such clause if the State of California certifies to the Secretary that the level of services provided by the program is not needed, or that the program has not provided services in an effective manner (as determined under State quality standards). (3) Inapplicability to territories.—For purposes of this subsection, the term “State” means each of the several States and the District of Columbia. (b) Contingent Authority for Transfers Between Allotments— (1) Subpart ii to subpart i.—In the case of any State for which an allotment for fiscal year 1993 or 1994 under section 1911 is made in an amount that is less than the mental health portion of the allotment under former section 1912A for fiscal year 1991, the Secretary shall, upon the request of the chief executive officer of the State, transfer from the allotment under section 1921 for the fiscal year involved to 106 STAT. 416the allotment under section 1911 for the fiscal year such amounts as the State may direct, subject to the allotment under section 1911 not exceeding the amount of such mental health portion. (2) Subpart i to subpart ii.—In the case of any State for which an allotment for fiscal year 1993 or 1994 under section 1921 is made in an amount that is less than the substance-abuse portion of the allotment under former section 1912A for fiscal year 1991, the Secretary shall, upon the request of the chief executive officer of the State, transfer from the allotment under section 1911 for the fiscal year involved to the allotment under section 1921 for the fiscal year such amounts as the State may direct, subject to the allotment under section 1921 not exceeding the amount of such substance-abuse portion. (3) Definitions.—For purposes of this subsection: (A) The term “section 1911” means section 1911 of the Public Health Service Act. (B) The term “section 1921” means section 1921 of the Public Health Service Act. (C) The term “former section 1912A” means section 1912A of the Public Health Service Act, as such section was in effect for fiscal year 1991. (D) The term “former section 1916(c)(6)(A)” means section 1916(c)(6)(A) of the Public Health Service Act, as such section was in effect for fiscal year 1991. (E) The term “mental health portion”, with respect to an allotment under former section 1912A for fiscal year 1991, means the amount of such allotment that was reserved by the State for such year in compliance with clause (i) of former section 1916(c)(6)(A). (F) The term “substance-abuse portion”, with respect to an allotment under former section 1912A for fiscal year 1991, means the amount of such allotment that was reserved by the State for such year in compliance with clause (ii) of former section 1916(c)(6)(A). (c) Program for Pregnant and Postpartum Women.— (1) In general.—Subject to paragraph (2), for the purpose of carrying out section 508 of the Public Health Service Act for fiscal year 1993, the Secretary shall obligate 40 percent of the amounts made available pursuant to section 1935(b) of such Act for such fiscal year. (2) Limitation.—Paragraph (1) shall apply only to the extent necessary to ensure that $80,000,000 is available for fiscal year 1993 to carry out section 508 of the Public Health Service Act. (d) Definition of Secretary.—For purposes of this section, the term “Secretary” means the Secretary of Health and Human Services.