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Title 42 — The Public Health and WelfareRelease 119-73

§12340 Authorization of appropriation and allotment

Title 42 › Chapter CHAPTER 127— - COORDINATED SERVICES FOR CHILDREN, YOUTH, AND FAMILIES › Subchapter SUBCHAPTER I— - ESTABLISHMENT OF ADMINISTRATION AND AWARDING OF GRANTS FOR PROGRAMS › Part Part B— - Grants for State and Community Programs for Children, Youth, and Families › § 12340

Last updated Apr 6, 2026|Official source

Summary

Money is provided for the programs in sections 12337 and 12338 for fiscal years 1995 through 1998. For each year, up to 10% of the money can be used for section 12315, and at least 90% must be used for sections 12337 and 12338. From that 90%, states get money based on how many people under 21 they have, using the latest data the Commissioner has. No state gets less than $300,000, and Guam, the Virgin Islands, the Trust Territory of the Pacific Islands, American Samoa, and the Northern Mariana Islands each get at least $75,000. The Commissioner decides if a state’s money won’t be used or if the state failed to meet plan requirements. A state may not spend more than 10% of a grant for state-level administration. One percent of each year’s appropriation goes to Indian tribes and tribal organizations that submit acceptable plans. Grants can pay up to 80% of costs for making and running state plans, building coordinated support services, and running local family support programs.

Full Legal Text

Title 42, §12340

The Public Health and Welfare — Source: USLM XML via OLRC

(a)(1)There are authorized to be appropriated to carry out section 12337 and 12338 of this title such sums as may be necessary for each of the fiscal years 1995 through 1998.
(2)Of the amount appropriated under paragraph (1) for any fiscal year—
(A)not more than 10 percent shall be available to carry out section 12315 of this title; and
(B)not less than 90 percent shall be available to carry out section 12337 and 12338 of this title.
(3)Except as provided in paragraph (4), from the amount available under paragraph (2)(B) for each fiscal year, a State shall be allotted an amount that bears the same ratio to the amount appropriated for such fiscal year as the population of the State that is under the age of 21 bears to the population of all States that is under the age of 21.
(4)(A)Except as provided in subparagraph (B) and subject to the availability of appropriations under paragraph (1), no State shall be allotted less than $300,000 under the formula established under paragraph (3).
(B)Notwithstanding subparagraph (A), Guam, the Virgin Islands, the Trust Territory of the Pacific Islands, American Samoa, and the Commonwealth of the Northern Mariana Islands shall each be allotted not less than $75,000 under the formula established under paragraph (2).
(b)The number of individuals under the age of 21 in each State shall be determined by the Commissioner on the basis of the most recent data available to the Commissioner.
(c)Whenever the Commissioner determines that—
(1)any amount allotted to a State for a fiscal year under section 12337 or 12338 of this title will not be used by such State for carrying out the purpose for which such allotment was made; or
(2)a State has failed to qualify under the State plan required under section 12335 of this title;
(d)
(e)A State shall not use in excess of 10 percent of a grant awarded under section 12338 or 12339 11 See References in Text note below. of this title for administrative activities at the State level.
(f)The Commissioner shall use 1 percent of the amount appropriated under this section for each fiscal year to make allotments to Indian tribes and tribal organizations (such terms having the same meaning given to such terms in section 5304(b) and (c) 1 of title 25) that submit to the Commissioner a plan that meets criteria consistent with the provisions of this part and that comply with other requirements established by the Commissioner.
(g)Grants made under this subchapter may be used to pay not more than 80 percent of the cost of—
(1)the preparation, administration, and evaluation of State plans under section 12337 of this title;
(2)the development of comprehensive, efficient, coordinated supportive services under section 12338 of this title; and
(3)the development, expansion, and operation of local family support and resource programs under section 12339 1 of this title.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 12339 of this title, referred to in subsecs. (e) and (g)(3), was repealed by Pub. L. 103–252, title IV, § 401(b)(1), May 18, 1994, 108 Stat. 672. Section 5304 of title 25, referred to in subsec. (f), has been amended, and subsecs. (b) and (c) of section 5304 no longer define the terms “Indian tribe” and “tribal organization”. However, such terms are defined elsewhere in that section.

Amendments

1994—Subsec. (a)(1). Pub. L. 103–252, § 402(b)(1), amended par. (1) generally. Prior to amendment, text read as follows: “There are authorized to be appropriated to carry out section 12315, 12337, and 12338 of this title, $30,000,000 for fiscal year 1991 and such sums as may be necessary for fiscal years 1992, 1993, and 1994. Funds appropriated under this paragraph shall remain available for expenditure in the fiscal year succeeding the fiscal year for which such funds are appropriated.” Subsec. (d). Pub. L. 103–252, § 402(b)(2), struck out heading and text of subsec. (d). Text read as follows: “There are authorized to be appropriated to carry out section 12339 of this title, $30,000,000 for fiscal year 1991, and such sums as may be necessary for each of the fiscal years 1992 through 1994.”

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Oct. 1, 1990, see section 1001(a) of Pub. L. 101–501, set out as an

Effective Date

of 1990 Amendment note under section 8621 of this title.

Executive Documents

Termination of Trust Territory of the Pacific Islands For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions.

Reference

Citations & Metadata

Citation

42 U.S.C. § 12340

Title 42 — The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73