Page:United States Statutes at Large Volume 106 Part 5.djvu/752

 106 STAT. 4390 PUBLIC LAW 102-569—OCT. 29, 1992 Regulations. "(4) If the Commissioner determines, under paragraph (1), that any payment of an allotment to a State under section 111(a) for any fiscal year will not be utilized by such State in carrying out the purposes of this title, the payment shall remain available for reallotment to other States until reallotted.". (c) RESERVATION.— Section 110(d) (29 U.S.C. 730(d)) is amended by striking paragraph (2) and inserting the following: "(2) The sum referred to in paragraph (1) shall be, as determined by the Secretary— "(A) not less than one-third of one percent and not more than 1.5 percent of the amount under paragraph (1), for fiscal years 1993 and 1994; and "(B) not less than one-half of one percent and not more than 1.5 percent of the amount under paragraph (1), for fiscal years 1995, 1996, and 1997.". SEC. 132. PAYMENTS TO STATES. Section 111(a) (29 U.S.C. 731(a)) is amended— (1) in paragraph (1)— (A) by striking "(including any additional payment to it under section 110(b))*'; and (B) by striking "State plan." and inserting "State plan and development and implementation of the strategic plan as provided in section 101(a)(34)(A). Any State that receives such an amount shall expend, for development and implementation of the strategic plan, not less than the percentage of the allotment of the State referred to in section 101(a)(34)(B)."; (2) in paragraph (2)— (A) in sur paragraph (A), by striking "(and any additional payment under subsection (b))"; and (B) by amending subparagraph (B) to read as follows: "(B)(i) For fiscal year 1993, the amount otherwise payable to a State for a fiscal year under this section shall be reduced by the amount by which expenditures from non-Federal sources under the State plan under this title for the previous fiscal year are less than the average of the total of such expenditures for the 3 fiscal years preceding the previous fiscal year. "(ii) For fiscal year 1994 and each fiscal year thereafter, the amount otherwise payable to a State for a fiscal year under this section shall be reduced by the amount by which expenditures from non-Federal sources under the State plan under this title for the previous fiscal year are less than the total of such expenditures for the second fiscal year preceding the previous fiscal year."; and (3) by adding at the end the following new paragraph: "(3)(A) Except as provided in subparagraph (B), the amount of a payment under this section with respect to any construction project in any State shall be equal to the same percentage of the cost of such project as the Federal share that is applicable in the case of rehabilitation facilities (as defined in section 645(g) of the Public Health Service Act (42 U.S.C. 291o(a))), in such State. "(B) If the Federal share with respect to rehabilitation facilities in such State is determined pursuant to section 645(b)(2) of such Act (42 U.S.C. 291o(b)(2)), the percentage of the cost for purposes of this section shall be determined in accordance with regulations

�