Title 42, The Public Health and WelfareRelease 119-110

§15022 State Allotments

Title 42 › CHAPTER 144 — DEVELOPMENTAL DISABILITIES ASSISTANCE AND BILL OF RIGHTS › SUBCHAPTER I — PROGRAMS FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES › Part B — Federal Assistance to State Councils on Developmental Disabilities › § 15022

Last updated Sep 22, 2026|Official source

Summary

Each year the Secretary must divide the money Congress provides under the related appropriation among the States. The split is based on each State’s population, how much the State needs services for people with developmental disabilities, and the State’s financial need. States must use their money to pay the federal share of projects that follow their approved State plans for services. The Secretary can adjust allotments once a year and must tell each State any change and what percent of the total money its new allotment is at least 6 months before the fiscal year starts. If total yearly funding is $70,000,000 or less, each territory (American Samoa, Guam, U.S. Virgin Islands, Northern Mariana Islands) gets at least $210,000, and each other State gets at least $400,000, the State’s prior-year amount, or what it got in fiscal year 2000, 2001, or 2002, whichever is largest. If funding is more than $70,000,000 those minimums are $220,000 and $450,000. If all minimums together exceed the money available, amounts are cut proportionally. If total funding grows by a larger percent than the recent Consumer Price Index increase, the Secretary must raise the minimums in the same proportion as the funding increase. Unused funds carry over to the next year. State Interagency Agreements count as valid obligations. States may join together and pool funds for multi-State projects. If a State will not need some of its allotment, the Secretary may reassign it to other States after publishing notice and waiting at least 30 days; reassigned amounts are redistributed in proportion to the other States’ original allotments but reduced to what those States can use, and they count as part of the receiving State’s allotment.

Full Legal Text

Title 42, §15022

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

(a)Allotments
(1)In general
(A)Authority
For each fiscal year, the Secretary shall, in accordance with regulations and this paragraph, allot the sums appropriated for such year under section 15029 of this title among the States on the basis of— (i)
(ii)the extent of need for services for individuals with developmental disabilities; and
(iii)the financial need,
of the respective States.
(B)Use of funds
Sums allotted to the States under this section shall be used to pay for the Federal share of the cost of carrying out projects in accordance with State plans approved under section 15024 of this title for the provision under such plans of services for individuals with developmental disabilities.
(2)Adjustments
The Secretary may make adjustments in the amounts of State allotments based on clauses (i), (ii), and (iii) of paragraph (1)(A) not more often than annually. The Secretary shall notify each State of any adjustment made under this paragraph and the percentage of the total sums appropriated under section 15029 of this title that the adjusted allotment represents not later than 6 months before the beginning of the fiscal year in which such adjustment is to take effect.
(3)Minimum allotment for appropriations less than or equal to $70,000,000
(A)In general
Except as provided in paragraph (4), for any fiscal year the allotment under this section— (i)
(ii)to any State not described in clause (i) may not be less than $400,000, the amount received by the State for the previous year, or the amount of Federal appropriations received in fiscal year 2000, 2001, or 2002, whichever is greater.
(B)Reduction of allotment
Notwithstanding subparagraph (A), if the aggregate of the amounts to be allotted to the States pursuant to subparagraph (A) for any fiscal year exceeds the total amount appropriated under section 15029 of this title for such fiscal year, the amount to be allotted to each State for such fiscal year shall be proportionately reduced.
(4)Minimum allotment for appropriations in excess of $70,000,000
(A)In general
In any case in which the total amount appropriated under section 15029 of this title for a fiscal year is more than $70,000,000, the allotment under this section for such fiscal year—
(i)to each of American Samoa, Guam, the United States Virgin Islands, or the Commonwealth of the Northern Mariana Islands may not be less than $220,000; and
(ii)to any State not described in clause (i) may not be less than $450,000, the amount received by the State for the previous year, or the amount of Federal appropriations received in fiscal year 2000, 2001, or 2002, whichever is greater.
(B)Reduction of allotment
The requirements of paragraph (3)(B) shall apply with respect to amounts to be allotted to States under subparagraph (A), in the same manner and to the same extent as such requirements apply with respect to amounts to be allotted to States under paragraph (3)(A).
(5)State supports, services, and other activities
In determining, for purposes of paragraph (1)(A)(ii), the extent of need in any State for services for individuals with developmental disabilities, the Secretary shall take into account the scope and extent of the services, supports, and assistance described, pursuant to section 15024(c)(3)(A) of this title, in the State plan of the State.
(6)Increase in allotments
In any year in which the total amount appropriated under section 15029 of this title for a fiscal year exceeds the total amount appropriated under such section (or a corresponding provision) for the preceding fiscal year by a percentage greater than the most recent percentage change in the Consumer Price Index published by the Secretary of Labor under section 720(c)(1) of title 29 (if the percentage change indicates an increase), the Secretary shall increase each of the minimum allotments described in paragraphs (3) and (4). The Secretary shall increase each minimum allotment by an amount that bears the same ratio to the amount of such minimum allotment (including any increases in such minimum allotment under this paragraph (or a corresponding provision) for prior fiscal years) as the amount that is equal to the difference between—
(A)the total amount appropriated under section 15029 of this title for the fiscal year for which the increase in the minimum allotment is being made; minus
(B)the total amount appropriated under section 15029 of this title (or a corresponding provision) for the immediately preceding fiscal year,
bears to the total amount appropriated under section 15029 of this title (or a corresponding provision) for such preceding fiscal year.
(b)Unobligated funds
Any amount paid to a State for a fiscal year and remaining unobligated at the end of such year shall remain available to such State for the next fiscal year for the purposes for which such amount was paid.
(c)Obligation of funds
For the purposes of this part, State Interagency Agreements are considered valid obligations for the purpose of obligating Federal funds allotted to the State under this part.
(d)Cooperative efforts between States
If a State plan approved in accordance with section 15024 of this title provides for cooperative or joint effort between or among States or agencies, public or private, in more than 1 State, portions of funds allotted to 1 or more States described in this subsection may be combined in accordance with the agreements between the States or agencies involved.
(e)Reallotments
(1)In general
If the Secretary determines that an amount of an allotment to a State for a period (of a fiscal year or longer) will not be required by the State during the period for the purpose for which the allotment was made, the Secretary may reallot the amount.
(2)Timing
The Secretary may make such a reallotment from time to time, on such date as the Secretary may fix, but not earlier than 30 days after the Secretary has published notice of the intention of the Secretary to make the reallotment in the Federal Register.
(3)Amounts
The Secretary shall reallot the amount to other States with respect to which the Secretary has not made that determination. The Secretary shall reallot the amount in proportion to the original allotments of the other States for such fiscal year, but shall reduce such proportionate amount for any of the other States to the extent the proportionate amount exceeds the sum that the Secretary estimates the State needs and will be able to use during such period.
(4)Reallotment of reductions
The Secretary shall similarly reallot the total of the reductions among the States whose proportionate amounts were not so reduced.
(5)Treatment
Any amount reallotted to a State under this subsection for a fiscal year shall be deemed to be a part of the allotment of the State under subsection (a) for such fiscal year.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2003—Subsec. (a)(3)(A)(ii), (4)(A)(ii). Pub. L. 108–154 inserted before period at end “, the amount received by the State for the previous year, or the amount of Federal appropriations received in fiscal year 2000, 2001, or 2002, whichever is greater”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2003 Amendment Pub. L. 108–154, § 3(b), Dec. 3, 2003, 117 Stat. 1934, provided that: “The

Amendments

made by subsection (a) [amending this section] shall take effect on October 1, 2003 and apply to allotments beginning in fiscal year 2004.”

Reference

Citations & Metadata

Citation

42 U.S.C. § 15022

Title 42, The Public Health and Welfare

Last Updated

Sep 22, 2026

Release point: 119-110