§9906 — Title 42 The Public Health and Welfare | U.S. Code

Summary

The Secretary must divide the money left after the required reservations from the yearly appropriation under section 9903(a) among the States. Each State’s share is based on the share it received in fiscal year 1981, subject to any rules in section 9911. No State gets less than one‑quarter of one percent of that yearly appropriation. If the remaining yearly appropriation is more than $345,000,000, each State must get at least one‑half of one percent, unless that would give any State less than the amount it got for fiscal year 1990 under the old formula in effect on September 30, 1989. The one‑half percent minimum can be cut so a State’s total does not exceed 140 percent of what it got the prior year. The Secretary must give these allotments as grants to eligible States and make payments under the rules in title 31, section 6503(a). “State” here does not include Guam, American Samoa, the U.S. Virgin Islands, or the Northern Mariana Islands.

Title 42, §9906

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

(a)The Secretary shall, from the amount appropriated under section 9903(a) of this title for each fiscal year that remains after the Secretary makes the reservations required in section 9903(b) of this title, allot to each State (subject to section 9911 of this title) an amount that bears the same ratio to such remaining amount as the amount received by the State for fiscal year 1981 under section 2808 11 See References in Text note below. of this title bore to the total amount received by all States for fiscal year 1981 under such section, except—

(1)that no State shall receive less than ¼ of 1 percent of the amount appropriated under section 9903(a) of this title for such fiscal year; and

(2)as provided in subsection (b).

(b)(1)Subject to paragraphs (2) and (3), if the amount appropriated under section 9903(a) of this title for a fiscal year that remains after the Secretary makes the reservations required in section 9903(b) of this title exceeds $345,000,000, the Secretary shall allot to each State not less than ½ of 1 percent of the amount appropriated under section 9903(a) of this title for such fiscal year.

(2)Paragraph (1) shall not apply with respect to a fiscal year if the amount allotted under subsection (a) to any State for that year is less than the amount allotted under section 9903(a)(1) of this title (as in effect on September 30, 1989) to such State for fiscal year 1990.

(3)The amount allotted under paragraph (1) to a State for a fiscal year shall be reduced, if necessary, so that the aggregate amount allotted to such State under such paragraph and subsection (a) does not exceed 140 percent of the aggregate amount allotted to such State under the corresponding provisions of this chapter for the preceding fiscal year.

(c)The Secretary shall make grants to eligible States for the allotments described in subsections (a) and (b). The Secretary shall make payments for the grants in accordance with section 6503(a) of title 31.

(d)In this section, the term “State” does not include Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 2808 of this title, referred to in subsec. (a), was repealed by Pub. L. 97–35, title VI, § 683(a), Aug. 13, 1981, 95 Stat. 519.

Prior Provisions

A prior section 9906, Pub. L. 97–35, title VI, § 677, Aug. 13, 1981, 95 Stat. 516, contained nondiscrimination provisions, prior to the general amendment of this chapter by Pub. L. 105–285.

§9906 Allotments and payments to States