Title 42 — The Public Health and WelfareRelease 119-73not60

§15042 Allotments and Payments

Title 42 › Chapter 144— DEVELOPMENTAL DISABILITIES ASSISTANCE AND BILL OF RIGHTS › Subchapter I— PROGRAMS FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES › Part C— Protection and Advocacy of Individual Rights › § 15042

Last updated Apr 5, 2026|Official source

Summary

The Secretary must give each State money from the funds Congress set aside under section 15045 to help the State meet the rules in section 15043(a). Allotments follow the same basic rules as other allotments, but there are minimum amounts. If total funds for the year are at least $20,000,000, each territory (American Samoa, Guam, the U.S. Virgin Islands, and the Northern Mariana Islands) must get at least $107,000 and every other State at least $200,000. If total funds are under $20,000,000, the minimums are $80,000 for those territories and $150,000 for other States. If those minimums would make the total paid out more than the money available, every State’s share is cut back in the same proportion. If the yearly appropriation rises by a larger percent than the most recent rise in the Consumer Price Index, the Secretary must raise the minimum allotments by the same relative amount. A State that houses the system in a State agency may use up to 5% of its allotment for monitoring. If total appropriations exceed $24,500,000, the Secretary may use up to 2% for technical help and must give an American Indian consortium a $107,000 grant for protection and advocacy services. The Secretary must pay the money directly to any system in a State that follows the rules, unless the system asks not to be paid directly. Any money given for a fiscal year that is not spent by year end can be used the next year for the same purpose.

Full Legal Text

Title 42, §15042

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

(a)(1)To assist States in meeting the requirements of section 15043(a) of this title, the Secretary shall allot to the States the amounts appropriated under section 15045 of this title and not reserved under paragraph (6). Allotments and reallotments of such sums shall be made on the same basis as the allotments and reallotments are made under subsections (a)(1)(A) and (e) of section 15022 of this title, except as provided in paragraph (2).

(2)In any case in which—

(A)the total amount appropriated under section 15045 of this title for a fiscal year is not less than $20,000,000, the allotment under paragraph (1) for such fiscal year—

(i)to each of American Samoa, Guam, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands may not be less than $107,000; and

(ii)to any State not described in clause (i) may not be less than $200,000; or

(B)the total amount appropriated under section 15045 of this title for a fiscal year is less than $20,000,000, the allotment under paragraph (1) for such fiscal year—

(i)to each of American Samoa, Guam, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands may not be less than $80,000; and

(ii)to any State not described in clause (i) may not be less than $150,000.

(3)Notwithstanding paragraphs (1) and (2), if the aggregate of the amounts to be allotted to the States pursuant to such paragraphs for any fiscal year exceeds the total amount appropriated for such allotments under section 15045 of this title for such fiscal year, the amount to be allotted to each State for such fiscal year shall be proportionately reduced.

(4)In any year in which the total amount appropriated under section 15045 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 subparagraphs (A) and (B) of paragraph (2). 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 15045 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 15045 of this title (or a corresponding provision) for the immediately preceding fiscal year,

(5)In a State in which the system is housed in a State agency, the State may use not more than 5 percent of any allotment under this subsection for the costs of monitoring the administration of the system required under section 15043(a) of this title.

(6)In any case in which the total amount appropriated under section 15045 of this title for a fiscal year is more than $24,500,000, the Secretary shall—

(A)use not more than 2 percent of the amount appropriated to provide technical assistance to eligible systems with respect to activities carried out under this part (consistent with requests by such systems for such assistance for the year); and

(B)provide a grant in accordance with section 15043(b) of this title, and in an amount described in paragraph (2)(A)(i), to an American Indian consortium to provide protection and advocacy services.

(b)Notwithstanding any other provision of law, the Secretary shall pay directly to any system in a State that complies with the provisions of this part the amount of the allotment made for the State under this section, unless the system specifies otherwise.

(c)Any amount paid to a system under this part for a fiscal year and remaining unobligated at the end of such year shall remain available to such system for the next fiscal year, for the purposes for which such amount was paid.

Reference

Citations & Metadata

Citation

42 U.S.C. § 15042

Title 42 — The Public Health and Welfare

Last Updated

Apr 5, 2026

Release point: 119-73not60