Title 42 — The Public Health and WelfareRelease 119-73
§623 Allotments to States
Title 42 › Chapter CHAPTER 7— - SOCIAL SECURITY › Subchapter SUBCHAPTER IV— - GRANTS TO STATES FOR AID AND SERVICES TO NEEDY FAMILIES WITH CHILDREN AND FOR CHILD-WELFARE SERVICES › Part Part B— - Child and Family Services › Subpart subpart 1— - stephanie tubbs jones child welfare services program › § 623
Summary
Each year the Secretary divides the federal money left for this program among state welfare agencies that have approved joint plans. First each State gets $70,000. Then the rest is split so each State’s share matches its number of people under age 21 multiplied by that State’s “allotment percentage,” compared to the same calculation for all States. If the yearly appropriation is more than $270,000,000 (starting in fiscal year 2023), the Secretary may set aside up to $10,000,000 for special grants before finishing the distribution. Allotment percentage is a number based on the State’s per‑person income compared with the U.S. average, but it can never be below 30% or above 70%; Puerto Rico, the Virgin Islands, Guam, and American Samoa get 70%. The Secretary announces these percentages between October 1 and November 30 of even‑numbered years using the last three years of income data. The term “United States” here means the 50 States and the District of Columbia. States can give up money they do not need; the Secretary can reassign those funds to other States that need and can use them that fiscal year.
Full Legal Text
Title 42, §623
The Public Health and Welfare — Source: USLM XML via OLRC
(a)(1)Subject to paragraph (2), for each fiscal year, the sum appropriated pursuant to section 625 of this title remaining after applying section 628(a) of this title shall be allotted by the Secretary for use by cooperating State public welfare agencies which have plans developed jointly by the State agency and the Secretary as follows: The Secretary shall first allot $70,000 to each State, and shall then allot to each State an amount which bears the same ratio to the remainder of such sum as the product of (1) the population of the State under the age of twenty-one and (2) the allotment percentage of the State (as determined under this section) bears to the sum of the corresponding products of all the States.
(2)For each fiscal year beginning with fiscal year 2023 for which the amount appropriated under section 625 of this title for the fiscal year exceeds $270,000,000—
(A)the Secretary shall reserve from such excess amount such sums as are necessary for making grants under section 628c of this title for such fiscal year, not to exceed $10,000,000; and
(B)the remainder to be applied under paragraph (1) for purposes of making allotments to States for such fiscal year shall be determined after the Secretary first allots $70,000 to each State under such paragraph and reserves such sums under subparagraph (A) of this paragraph.
(b)The “allotment percentage” for any State shall be 100 percent less the State percentage; and the State percentage shall be the percentage which bears the same ratio to 50 percent as the per capita income of such State bears to the per capita income of the United States; except that (1) the allotment percentage shall in no case be less than 30 percent or more than 70 percent, and (2) the allotment percentage shall be 70 percent in the case of Puerto Rico, the Virgin Islands, Guam, and American Samoa.
(c)The allotment percentage for each State shall be promulgated by the Secretary between October 1 and November 30 of each even-numbered year, on the basis of the average per capita income of each State and of the United States for the three most recent calendar years for which satisfactory data are available from the Department of Commerce. Such promulgation shall be conclusive for each of the two fiscal years in the period beginning October 1 next succeeding such promulgation.
(d)For purposes of this section, the term “United States” means the 50 States and the District of Columbia.
(e)(1)The amount of any allotment to a State for a fiscal year under the preceding provisions of this section which the State certifies to the Secretary will not be required for carrying out the State plan developed as provided in section 622 of this title shall be available for reallotment from time to time, on such dates as the Secretary may fix, to other States which the Secretary determines—
(A)need sums in excess of the amounts allotted to such other States under the preceding provisions of this section, in carrying out their State plans so developed; and
(B)will be able to so use such excess sums during the fiscal year.
(2)The Secretary shall make the reallotments on the basis of the State plans so developed, after taking into consideration—
(A)the population under 21 years of age;
(B)the per capita income of each of such other States as compared with the population under 21 years of age; and
(C)the per capita income of all such other States with respect to which such a determination by the Secretary has been made.
(3)Any amount so reallotted to a State is deemed part of the allotment of the State under this section.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Codification Section was formerly classified to section 621 of this title prior to renumbering by Pub. L. 109–288.
Prior Provisions
A prior section 623, act Aug. 14, 1935, ch. 531, title IV, § 423, as added Pub. L. 90–248, title II, § 240(c), Jan. 2, 1968, 81 Stat. 913, and amended, which related to payment to States, was renumbered section 424 of act Aug. 14, 1935, by Pub. L. 109–288, § 6(b)(2), Sept. 28, 2006, 120 Stat. 1244, and transferred to section 624 of this title.
Amendments
2025—Subsec. (a)(1). Pub. L. 118–258, § 107(a)(1)(B), substituted “for each fiscal year, the sum appropriated pursuant to section 625 of this title remaining after applying section 628(a) of this title” for “the sum appropriated pursuant to section 625 of this title for each fiscal year”. Subsec. (a)(2)(A). Pub. L. 118–258, § 103(d), inserted “, not to exceed $10,000,000” before “; and”. 2023—Subsec. (a). Pub. L. 117–348 designated existing provisions as par. (1), inserted par. heading, substituted “Subject to paragraph (2), the sum appropriated” for “The sum appropriated”, and added par. (2). 2011—Subsec. (b). Pub. L. 112–34, which directed substitution of “percent” for “per centum” wherever appearing, was not executed due to prior amendment by Pub. L. 109–288, § 11(a)(1)(A). See 2006 Amendment note below. 2006—Subsec. (a). Pub. L. 109–288, § 11(a)(1)(B), substituted “The Secretary” for “He”. Pub. L. 109–288, § 6(d)(1), inserted heading and substituted “section 625” for “section 620”. Subsec. (b). Pub. L. 109–288, § 11(a)(1)(A), which directed amendment of section by substituting “percent” for “per centum”, was executed by making the substitution wherever appearing in subsec. (b), to reflect the probable intent of Congress. Pub. L. 109–288, § 6(d)(2), inserted heading. Subsec. (c). Pub. L. 109–288, § 6(d)(3), inserted heading. Subsec. (d). Pub. L. 109–288, § 6(d)(4), inserted heading and substituted “50” for “fifty”. Subsec. (e). Pub. L. 109–288, § 6(d)(5), added subsec. (e). 1987—Subsec. (b). Pub. L. 100–203 substituted “Guam, and American Samoa” for “and Guam”. 1980—Pub. L. 96–272 designated existing provisions as subsec. (a) and added subsecs. (b) to (d).
Statutory Notes and Related Subsidiaries
Effective Date
of 2025 AmendmentAmendment by Pub. L. 118–258 effective Oct. 1, 2025, and applicable to payments under this part for calendar quarters beginning on or after such date, with delay permitted if either State legislation or tribal action is required to meet additional requirements, see section 117 of Pub. L. 118–258, set out as a note under section 622 of this title.
Effective Date
of 2011 AmendmentAmendment by Pub. L. 112–34 effective Oct. 1, 2011, and applicable to payments under this part and part E of this subchapter for calendar quarters beginning on or after such date, without regard to whether implementing
Regulations
have been promulgated, and with delay permitted if State legislation is required to meet additional requirements, see section 107 of Pub. L. 112–34, set out as a note under section 622 of this title.
Effective Date
of 2006 AmendmentAmendment by Pub. L. 109–288 effective Oct. 1, 2006, and applicable to payments under this part and part E of this subchapter for calendar quarters beginning on or after such date, without regard to whether implementing
Regulations
have been promulgated, and with delay permitted if State legislation is required to meet additional requirements, see section 12(a), (b) of Pub. L. 109–288, set out as a note under section 621 of this title.
Effective Date
of 1987 Amendment Pub. L. 100–203, title IX, § 9135(c), Dec. 22, 1987, 101 Stat. 1330–315, provided that: “The
Amendments
made by this section [amending this section and section 1301 and 1397b of this title] shall apply with respect to fiscal years beginning on or after October 1, 1988.”
Reference
Citations & Metadata
Citation
42 U.S.C. § 623
Title 42 — The Public Health and Welfare
Last Updated
Apr 6, 2026
Release point: 119-73