§15022 — Title 42 The Public Health and Welfare | U.S. Code

Summary

Each year the Secretary must split the federal program money among the States. The split is based on three things: how many people live in the State, how great the need is for services for people with developmental disabilities, and how much financial need the State has. The money pays the federal share of projects that follow each State’s approved plan. The Secretary can change allotments once a year and must tell each State about any change and what share of the total money it will get at least 6 months before the new fiscal year starts. There are minimum amounts. Normally, American Samoa, Guam, the U.S. Virgin Islands, and the Northern Mariana Islands must get at least $210,000. Other States must get at least $400,000 or the larger of what they got last year or what they got in fiscal year 2000, 2001, or 2002. If total minimums are more than the money available, all amounts are cut proportionally. If total appropriations exceed $70,000,000, the minimums go up to $220,000 for those territories and $450,000 for other States (or the larger of last year or FY2000–2002). If Congress raises the program funds by a bigger percent than the most recent rise in the Consumer Price Index, the Secretary must raise the minimum allotments by that same percentage. Unused funds at year end carry over to the next year. State interagency agreements count as valid obligations. States may pool funds for multi-State or joint projects. If the Secretary finds a State won’t need part of its allotment, the Secretary may reallot that money after at least 30 days’ notice in the Federal Register. Reallotted amounts go to other States in proportion to their original allotments but are cut back if a State cannot use the full share; such reallotted money becomes part of the recipient State’s allotment for that fiscal year.

Title 42, §15022

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

(a)(1)(A)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)the population;

(ii)the extent of need for services for individuals with developmental disabilities; and

(iii)the financial need,

(B)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)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)(A)Except as provided in paragraph (4), for any fiscal year the allotment under this section—

(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 $210,000; and

(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)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)(A)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)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)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)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,

(b)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)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)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)(1)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)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)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)The Secretary shall similarly reallot the total of the reductions among the States whose proportionate amounts were not so reduced.

(5)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.

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.”

§15022 State Allotments

Summary

Title 42, §15022

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Amendments

Citations & Metadata