42 U.S.C. § 629c — Allotments to States
submitted 91 years ago by Pub. L. 103-66 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 846 words · no verdicts yet
This section explains how the Secretary allots funds among tribes, territories, and other States. It also provides for reallotments and caseworker-visit funds.
(a) The Secretary* distributes the amount reserved under section 629f(b)(2) among approved tribal plans according to each tribe’s share of the children in all such tribes. A consortium* receives the sum for its member tribes. (b) After the section 629f(b) reservations, the Secretary distributes the remaining amount among Puerto Rico, Guam, the Virgin Islands, the Northern Mariana Islands, and American Samoa as under section 623. (c)(1) The remaining amount goes to other States according to each State’s “supplemental nutrition assistance program benefits percentage.” (2) That percentage is the State’s average monthly number of children receiving those benefits during the three specified fiscal years divided by the corresponding average for all qualifying States, expressed as a percentage, using section 2025(c) of title 7 sample surveys. The Secretary uses the three most recent prior fiscal years with available data. (d) A State’s certified unused allotment may be reallotted under the same applicable method and becomes part of the recipient State’s allotment. (e)(1) From the caseworker-visit reservation, the Secretary first gives each nontribal State* that documents compliance with section 629f(b)(4)(B)(ii) $100,000, then applies (2) or (3). (2) Eligible listed territories receive remaining funds as under section 623, without its initial $70,000. (3) Other eligible States receive the remaining funds according to the percentage in (c)(2), with the stated substitution of “subsection (e)(3)” for “such paragraph (1).”
From the amount reserved pursuant to section 629f(b)(2) of this title for any fiscal year, the Secretary* shall allot to each Indian tribe* with a plan approved under this subpart an amount that bears the same ratio to such reserved amount as the number of children in the Indian tribe bears to the total number of children in all Indian tribes with State* plans so approved, as determined by the Secretary on the basis of the most current and reliable information available to the Secretary. If a consortium* of Indian tribes submits a plan approved under this subpart, the Secretary shall allot to the consortium an amount equal to the sum of the allotments determined for each Indian tribe that is part of the consortium.
From the amount described in section 629f(a) of this title for any fiscal year that remains after applying section 629f(b) of this title for the fiscal year, the Secretary shall allot to each of the jurisdictions of Puerto Rico, Guam, the Virgin Islands, the Northern Mariana Islands, and American Samoa an amount determined in the same manner as the allotment to each of such jurisdictions is determined under section 623 of this title.
From the amount described in section 629f(a) of this title for any fiscal year that remains after applying section 629f(b) of this title and subsection (b) of this section for the fiscal year, the Secretary shall allot to each State (other than an Indian tribe) which is not specified in subsection (b) of this section an amount equal to such remaining amount multiplied by the supplemental nutrition assistance program benefits percentage of the State for the fiscal year.
As used in paragraph (1) of this subsection, the term “supplemental nutrition assistance program benefits percentage” means, with respect to a State and a fiscal year, the average monthly number of children receiving supplemental nutrition assistance program benefits in the State for months in the 3 fiscal years referred to in subparagraph (B) of this paragraph, as determined from sample surveys made under section 2025(c) of title 7, expressed as a percentage of the average monthly number of children receiving supplemental nutrition assistance program benefits in the States described in such paragraph (1) for months in such 3 fiscal years, as so determined.
For purposes of the calculation pursuant to subparagraph (A), the Secretary shall use data for the 3 most recent fiscal years, preceding the fiscal year for which the State’s allotment is calculated under this subsection, for which such data are available to the Secretary.
The amount of any allotment to a State under subsection (a), (b), or (c) of this section for any fiscal year that the State certifies to the Secretary will not be required for carrying out the State plan under section 629b of this title shall be available for reallotment using the allotment methodology specified in subsection (a), (b), or (c) of this section. Any amount so reallotted to a State is deemed part of the allotment of the State under the preceding provisions of this section.
From the amount reserved pursuant to section 629f(b)(3)(A) of this title for any fiscal year, the Secretary shall first allot to each State (other than an Indian tribe) that has provided to the Secretary such documentation as may be necessary to verify that the jurisdiction has complied with section 629f(b)(4)(B)(ii) 1 of this title during the fiscal year, a base allotment of $100,000, and shall then allot to each of those States an amount determined in paragraph (2) or (3) of this subsection, as applicable.
From the amount reserved pursuant to section 629f(b)(3)(A) of this title for any fiscal year that remains after applying paragraph (1) of this subsection for the fiscal year, the Secretary shall allot to each jurisdiction specified in subsection (b) of this section to which a base allotment is made under such paragraph (1) an amount determined in the same manner as the allotment to each of such jurisdictions is determined under section 623 of this title (without regard to the initial allotment of $70,000 to each State).
From the amount reserved pursuant to section 629f(b)(3)(A) of this title for any fiscal year that remains after applying paragraphs (1) and (2) of this subsection for the fiscal year, the Secretary shall allot to each State (other than an Indian tribe) not specified in subsection (b) of this section to which a base allotment was made under paragraph (1) of this subsection an amount equal to such remaining amount multiplied by the supplemental nutrition assistance program benefits percentage of the State (as defined in subsection (c)(2) of this section) for the fiscal year, except that in applying subsection (c)(2)(A) of this section, “subsection (e)(3)” shall be substituted for “such paragraph (1)”.
Source credit: (Aug. 14, 1935, ch. 531, title IV, § 433, as added Pub. L. 103–66, title XIII, § 13711(a)(2), Aug. 10, 1993, 107 Stat. 653; amended Pub. L. 107–133, title I, §§ 103, 106(a)(2), Jan. 17, 2002, 115 Stat. 2415, 2417; Pub. L. 109–288, §§ 4(a)(2), 5(b)(1)(A), 6(f)(4), Sept. 28, 2006, 120 Stat. 1237, 1242, 1247; Pub. L. 110–234, title IV, § 4002(b)(1)(B), (D), (2)(V), May 22, 2008, 122 Stat. 1096, 1097; Pub. L. 110–246, § 4(a), title IV, § 4002(b)(1)(B), (D), (2)(V), June 18, 2008, 122 Stat. 1664, 1857, 1858; Pub. L. 112–34, title I, § 102(g)(2), Sept. 30, 2011, 125 Stat. 372; Pub. L. 118–258, title I, §§ 112(b), 115(b)(2)(A), (B), Jan. 4, 2025, 138 Stat. 2962, 2968, 2969.)
- 1935Enacted · Pub. L. 103-66 · 107 Stat. 653
- 2002Amended · Pub. L. 107-133 · 115 Stat. 2415, 2417
- 2006Amended · Pub. L. 109-288 · 120 Stat. 1237, 1242, 1247
- 2008Amended · Pub. L. 110-234 · 122 Stat. 1096, 1097
- 2008Amended · Pub. L. 110-246 · 122 Stat. 1664, 1857, 1858
- 2011Amended · Pub. L. 112-34 · 125 Stat. 372
- 2025Amended · Pub. L. 118-258 · 138 Stat. 2962, 2968, 2969
A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-66 on 1935-08-14.
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