Page:United States Statutes at Large Volume 102 Part 4.djvu/148

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PUBLIC LAW 100-000—MMMM. DD, 1988

102 STAT. 3118

PUBLIC LAW 100-607—NOV. 4, 1988 such excess shall be allotted among each of the remaining States in proportion to the amount otherwise allotted to such States for such fiscal year without r^ard to this subsection. "(2) ORGAN TRANSPLANT CENTERS.—

"(A) APPLICATION.—If a State does not submit an application for an allotment or description of activities in accordance with section 1936 for a fiscal year or notifies the Secretary that the State does not intend to use the full amount of the allotment of the State, an organ transplant center in the State may submit an application in accordance with section 1936 for the amount of the allotment not allocated to the State. "(B) ALLOTBCBNT.—Subject to subparagraph (C), if an

applicant center complies with the requirements imposed on the State by this part, the Secretary shall provide to the center the amount of the allotment not allocated to the State. "(C) MULTIPLE APPLICANTS.—If two or more applicant centers in a State meet the requirements of subparagraph (B), the Secretary shall divide among the eligible applicant centers in an equitable manner the amount of the allotment not allocated to the State. "(D) DISTRIBUTION TO OTHER STATES.—If one or more centers in a State receive an allotment under this paragraph for a fiscal year, the allotment shall not be made avsnlable to remaining States under paragraph (1). 42 USC 300y-24.

"SEC. 1934. PAYMENTS UNDER ALLOTMENTS TO STATES.

"(a) IN GENERAL.—For each fiscal year, the Secretary shall make payments, as provided by section 65()3(a) of title 31, United States Code, to each State from its allotments under section 1933 from amounts appropriated for that fiscal year. "(b) CARRYOVER FUNDS.—Any amount paid to a State for a fiscal year and remaining unobligated at the end of such year shall remain available for the next fiscal year to such State for the purposes for which it was made. 42 USC 300y-25.

"SEC. 1935. USE OF ALLOTMENTS. "(a) IN GENERAL.—

"(1) USE.—Except as provided in subsections (b) and (c), amounts paid to a State under section 1934 from its allotment under section 1933 for any fiscal year shall be used by the State to provide immunosuppressive drug therapy for eligible patients. "(2) METHODS.—A State may use amounts paid to the State under section 1934 from its allotment under section 1933 to provide immimosuppressive drug therapy for eligible patients— "(A) by purchasing the drugs and biolc^cals for such therapy and distributing such drugs and biologicals to transplant centers or eligible patients; "(B) by certifying that an individual is an eligible patient for purposes of this part and by reimbursing a transplant center for the costs of immunosuppressive drug therapy provided by such center to such individual; "(C) by any other method prescribed by the Secretary by r^ulation (other than the method described in subsection (b)(D).