42 U.S.C. § 12340 — Authorization of appropriation and allotment
submitted 36 years ago by Pub. L. 101-501 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 598 words · no verdicts yet
Congress authorized funding for fiscal years 1995 through 1998 for state coordination and supportive services, split by a population-based formula with minimum amounts for small states and territories. Limits control how much goes to administration, unused funds get redirected, and subsection (d) of this section has been repealed.
(a) Authorization and allotment.
(1) Congress authorized whatever funds are necessary for fiscal years 1995 through 1998 to carry out sections 12337 and 12338.
(2) Of the money appropriated each year: (A) no more than 10 percent can go toward section 12315; and (B) at least 90 percent must go toward sections 12337 and 12338.
(3) Allotment formula. Except for the exceptions in paragraph (4), here is how each state's share is figured, step by step: take the amount available under (2)(B) for the year. Compare the state's population under age 21 to the total population under 21 in all states. The state* gets that same fraction of the total funds.
(4) Exceptions. (A) In general, no state can get less than $300,000 under this formula, as long as funds are available. (B) But Guam, the Virgin Islands, the Trust Territory of the Pacific Islands, American Samoa, and the Northern Mariana Islands each get at least $75,000 instead.
(b) Determination of age. The Commissioner* figures out how many people under 21 live in each state, using the most recent data available.
(c) Transfer of allotted funds. If the Commissioner finds that a state will not use its allotment under section 12337 or 12338, or that a state failed to qualify under its required state plan, the Commissioner gives that unused money to other participating states instead, split based on each state's population under 21.
(d) This subsection has been repealed by Congress (Pub. L. 103-252).
(e) Limitation. A state cannot use more than 10 percent of a grant under section 12338 or 12339 for state-level administrative costs.
(f) Grants for Indians. The Commissioner must use 1 percent of the money appropriated each year to make allotments to Indian tribes and tribal organizations that submit a plan meeting this part's standards and any other requirements the Commissioner sets.
(g) Limitation. Grants under this subchapter can pay for no more than 80 percent of the cost of: (1) preparing, running, and evaluating state plans under section 12337; (2) developing coordinated supportive services under section 12338; and (3) developing, expanding, and running local family support and resource programs under section 12339. The state must pay the remaining 20 percent using non-federal money.
There are authorized to be appropriated to carry out sections 12337 and 12338 of this title such sums as may be necessary for each of the fiscal years 1995 through 1998.
Of the amount appropriated under paragraph (1) for any fiscal year—
not more than 10 percent shall be available to carry out section 12315 of this title; and
not less than 90 percent shall be available to carry out sections 12337 and 12338 of this title.
Except as provided in paragraph (4), from the amount available under paragraph (2)(B) for each fiscal year, a State shall be allotted an amount that bears the same ratio to the amount appropriated for such fiscal year as the population of the State that is under the age of 21 bears to the population of all States that is under the age of 21.
Except as provided in subparagraph (B) and subject to the availability of appropriations under paragraph (1), no State shall be allotted less than $300,000 under the formula established under paragraph (3).
Notwithstanding subparagraph (A), Guam, the Virgin Islands, the Trust Territory of the Pacific Islands, American Samoa, and the Commonwealth of the Northern Mariana Islands shall each be allotted not less than $75,000 under the formula established under paragraph (2).
The number of individuals under the age of 21 in each State shall be determined by the Commissioner* on the basis of the most recent data available to the Commissioner.
Whenever the Commissioner determines that—
any amount allotted to a State for a fiscal year under section 12337 or 12338 of this title will not be used by such State for carrying out the purpose for which such allotment was made; or
a State has failed to qualify under the State plan required under section 12335 of this title;
the Commissioner shall make such allotment available for carrying out such purposes to other participating States in a proportional manner based on the relative population of the State of individuals under the age of 21.
A State shall not use in excess of 10 percent of a grant awarded under section 12338 or 12339 1 of this title for administrative activities at the State level.
The Commissioner shall use 1 percent of the amount appropriated under this section for each fiscal year to make allotments to Indian tribes and tribal organizations (such terms having the same meaning given to such terms in section 5304(b) and (c) 1 of title 25) that submit to the Commissioner a plan that meets criteria consistent with the provisions of this part and that comply with other requirements established by the Commissioner.
Grants made under this subchapter may be used to pay not more than 80 percent of the cost of—
the preparation, administration, and evaluation of State plans under section 12337 of this title;
the development of comprehensive, efficient, coordinated supportive services under section 12338 of this title; and
the development, expansion, and operation of local family support and resource programs under section 12339 1 of this title.
The remaining 20 percent of such cost shall be paid by the State with funds from non-Federal sources.
Source credit: (Pub. L. 101–501, title IX, § 934, Nov. 3, 1990, 104 Stat. 1277; Pub. L. 103–252, title IV, § 402(b), May 18, 1994, 108 Stat. 673.)
- 1990Enacted · Pub. L. 101-501 · 104 Stat. 1277
- 1994Amended · Pub. L. 103-252 · 108 Stat. 673
A history note hasn’t been published yet. The record shows enactment by Pub. L. 101-501 on 1990-11-03.
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