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served for United States Government administrative costs), the Secretary of
Health and Human Services shall allot to each State with an application
approved under section 13703(a) of this title an amount determined by a
formula, prescribed by the Secretary by regulation, that considers—
(1) the number of eligible legalized aliens residing in the State in
that fiscal year;
(2) the ratio of the number of eligible legalized aliens in the State
to—
(A) the total number of residents of the State; and
(B) the total number of eligible legalized aliens in all States in
that fiscal year;
(3) the expenditures the State is likely to incur in that fiscal year
in providing assistance for eligible legalized aliens for which reimburse-
ment or payment may be made under this chapter;
(4) the ratio of expenditures in the State to expenditures in all
States;
(5) changes for the difference in prior years between the State’s ac-
tual expenditures incurred in providing assistance for eligible legalized
aliens for which reimbursement or payment may be made under this
chapter and the allotment provided the State under this chapter for
those years; and
(6) other factors the Secretary considers appropriate to provide for
an equitable distribution of the amounts.
(b) ESTIMATING THE NUMBER OF ELIGIBLE LEGALIZED ALIENS.—In
determining the number of eligible legalized aliens under subsection (a) of
this section, the Secretary may estimate the number of those aliens on the
basis of information the Secretary considers appropriate.
(c) ADDITIONAL ALLOTMENTS OF UNALLOTTED AMOUNTS.—If all States
have not qualified for allotments under this chapter for the fiscal year, or
if at least one State has indicated in its description of activities that it does
not intend to use, in that fiscal year or in any subsequent fiscal year begin-
ning before October 1, 1994, the complete allotment, amounts appropriated
under this chapter for a fiscal year and not allotted to those States shall
be allotted among the remaining States in proportion to the amount other-
wise allotted to the remaining States for the fiscal year.
(d) MAKING PAYMENTS.—For each fiscal year, the Secretary shall make
payments, as provided in section 6503 of title 31, to each State from its
allotment under this section. An amount paid to a State for a fiscal year
and remaining unobligated at the end of the year remains available to the
State in subsequent fiscal years for the purposes for which it was made.
However, the amount is not available after September 30, 1994.
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(e) REALLOTMENT OF UNEXPENDED AMOUNTS.—The Secretary shall
reallot amounts not expended by the States before December 31, 1994, to
States that expended their complete allotment. Reallotment shall be based
on each State’s proportionate share of the total unreimbursed legalized alien
costs in all States. Not later than 90 days after receiving a reallotment, but
before August 1, 1995, a State shall use the reallotted amount to reimburse
all allowable costs.
§ 13705. Nondiscrimination
(a) PROHIBITIONS.—(1) A program or activity receiving financial assist-
ance made available under this chapter is a program or activity receiving
financial assistance from the United States Government in applying—
(A) the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.);
(B) section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794);
(C) title IX of the Education Amendments of 1972 (20 U.S.C. 1681
et seq.); or
(D) title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et
seq.).
(2) A person may not be excluded, because of sex or religion, from par-
ticipating in, denied a benefit of, or discriminated against under, a program
or activity receiving financial assistance made available under this chapter.
(b) VIOLATION NOTICES AND COMPLIANCE REQUESTS.—When the Sec-
retary of Health and Human Services finds that a State or political subdivi-
sion receiving a payment from an allotment under this chapter is not com-
plying with a law referred to in subsection (a)(1) of this section, with sub-
section (a)(2) of this section, or with an applicable regulation (including a
regulation prescribed to carry out subsection (a)(2)), the Secretary shall no-
tify the chief executive officer of the State and shall request the chief execu-
tive officer to secure compliance by the State or political subdivision.
(c) ADMINISTRATIVE ACTIONS.—If within a reasonable time (but not
more than 60 days after providing notice under subsection (b) of this sec-
tion) the chief executive officer does not secure compliance, the Secretary
may—
(1) refer the matter to the Attorney General with a recommendation
that a civil action be brought;
(2) act under the Age Discrimination Act of 1975 (42 U.S.C. 6101
et seq.), section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794),
or title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.),
as the case may be; or
(3) take other action provided by law.
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(d) CIVIL ACTIONS.—The Attorney General may bring a civil action in
an appropriate district court of the United States for appropriate relief, in-
cluding injunctive relief, when—
(1) a matter is referred to the Attorney General under subsection
(c)(1) of this section; or
(2) the Attorney General believes the program or activity receiving
financial assistance made available under this chapter is engaged in a
pattern or practice in violation of—
(A) a law referred to in subsection (a)(1) of this section; or
(B) subsection (a)(2) of this section.
§ 13706. Consultation with State and local officials
In establishing regulations and guidelines to carry out this chapter, the
Secretary of Health and Human Services shall consult with representatives
of State governments and political subdivisions.
§ 13707. Reports and audits
(a) STATE ANNUAL REPORTS.—Each State shall submit to the Secretary
of Health and Human Services an annual report on its activities under this
chapter. To evaluate properly and compare the performance of different
States provided assistance under this chapter and to ensure the proper ex-
penditure of amounts under this chapter, the report shall be in the form
and contain information the Secretary decides (after consulting with the
States and the Comptroller General) is necessary—
(1) to provide an accurate description of the activities;
(2) to provide a complete record of the purposes for which amounts
were expended and of the recipients of the amounts; and
(3) to establish the extent to which amounts were expended consist-
ent with this chapter.
(b) ANNUAL REPORTS BY SECRETARY.—The Secretary—
(1) shall report annually to Congress on activities for which amounts
are provided under this chapter; and
(2) shall submit a copy of the report to each State.
(c) AUDITS.—(1) Audits shall be conducted as provided under chapter 75
of title 31.
(2) Amounts allotted to a State but not expended consistent with this
chapter—
(A) shall be repaid by the State to the United States Government;
or
(B) may be offset by the Secretary against any other amount to
which the State is or may become entitled under this chapter.
(3) After notice and an opportunity for a hearing, the Secretary may
withhold payment of amounts to a State not using its allotment as provided