42 USC 15022 - State allotments

U.S Code last checked for updates: Nov 22, 2024

§ 15022.

State allotments

(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)

the population;

(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

(2)

Adjustments

(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)

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)

Reduction of allotment

(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

(5)

State supports, services, and other activities

(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

(c)

Obligation of funds

(d)

Cooperative efforts between States

(e)

Reallotments

(1)

In general

(2)

Timing

(3)

Amounts

(4)

Reallotment of reductions

(5)

Treatment

(Pub. L. 106–402, title I, § 122, Oct. 30, 2000, 114 Stat. 1693; Pub. L. 108–154, § 3(a), Dec. 3, 2003, 117 Stat. 1934.)

cite as: 42 USC 15022