42 U.S.C. § 623 — Allotments to States

(a) Allotments: (1) Subject to paragraph (2), each fiscal year the Secretary must allot the amount appropriated under section 625 and remaining after section 628(a) to cooperating State welfare agencies with jointly developed plans. The Secretary first allots $70,000 to each State. The rest is divided according to each State’s under-21 population multiplied by its allotment percentage, compared with the same products for all States. (2) For fiscal years beginning in 2023, if the section 625 appropriation exceeds $270,000,000, the Secretary must reserve from the excess the amounts needed for section 628c grants, up to $10,000,000. The remainder used for State allotments is calculated after the $70,000 basic allotment and this reserve. (b) Percentages: A State’s allotment percentage is 100 percent minus its State percentage. The State percentage relates to 50 percent in the same ratio as the State’s per-capita income relates to United States per-capita income. The allotment percentage may not be below 30 percent or above 70 percent. Puerto Rico, the Virgin Islands, Guam, and American Samoa receive 70 percent. (c) Between October 1 and November 30 of every even-numbered year, the Secretary must publish percentages based on the latest three calendar years with satisfactory Commerce Department data. They control the next two fiscal years. (d) “United States” means the 50 States and the District of Columbia. This section does not otherwise define the term. (e) Reallotment: Funds a State certifies it will not need for its plan may be reallotted when the Secretary chooses to other States that need more and can use more during that fiscal year. The Secretary must use the plans and consider under-21 population, each receiving State’s per-capita income compared with its under-21 population, and the per-capita income of all receiving States. Reallotted money becomes part of the receiving State’s allotment.