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Title 42, The Public Health and WelfareRelease 119-110

§12340 Authorization of Appropriation and Allotment

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

Last updated Sep 23, 2026|Official source

Summary

Authorizes money, as needed, to run the programs in sections 12337 and 12338 for fiscal years 1995 through 1998. Up to 10% of the money each year can be used for section 12315, and at least 90% must go to sections 12337 and 12338. States get shares based on how many people under age 21 they have. 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 uses the newest data to count people under 21. If a State will not use its money or fails to meet plan rules, the Commissioner can move that money to other States based on their under-21 populations. A State may not spend more than 10% of a grant under sections 12338 or 12339 for State-level administration. The Commissioner must set aside 1% of the yearly appropriation for Indian tribes and tribal organizations that submit acceptable plans. Grants can pay up to 80% of the cost for making and running State plans, building coordinated supportive services, and running local family support programs. The State must pay the other 20% from non-Federal money.

Full Legal Text

Title 42, §12340

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

(a)Administration on Children, Youth, and Families; State coordination; supportive services
(1)Authorization of appropriations
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)Availability of appropriation
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)Allotment formula
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)Exceptions
(A)In general
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)Limitation on allotment
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)Determination of age
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)Transfer of allotted funds
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;
the Commissioner shall make such allotment available for carrying out such purposes to other participating States in a proportional manner based on the relative population of the State of individuals under the age of 21.
(d)Repealed. Pub. L. 103–252, title IV, § 402(b)(2), May 18, 1994, 108 Stat. 673
(e)Limitation
A State shall not use in excess of 10 percent of a grant awarded under section 12338 or 12339 of this title for administrative activities at the State level.
(f)Grants for Indians
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)Limitation
Grants made under this subchapter may be used to pay not more than 80 percent of the cost of— (1)
(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.
The remaining 20 percent of such cost shall be paid by the State with funds from non-Federal sources.

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

Sep 23, 2026

Release point: 119-110