42 USC 6025: State allotments

42 USC 6025: State allotments Text contains those laws in effect on January 4, 1995

From Title 42-THE PUBLIC HEALTH AND WELFARECHAPTER 75-PROGRAMS FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIESSUBCHAPTER II-FEDERAL ASSISTANCE TO STATE DEVELOPMENTAL DISABILITIES COUNCILS

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§6025. State allotments

(a) Allotments

(1) In general

For each fiscal year, the Secretary shall, in accordance with regulations and this paragraph, allot the sums appropriated for such year under section 6030 of this title among the States on the basis of-

(A) the population,

(B) the extent of need for services for persons with developmental disabilities, and

of the respective States. Sums allotted to the States under this section shall be used in accordance with approved State plans under section 6022 of this title for the provision under such plans of services for persons with developmental disabilities.

(2) Adjustments

Adjustments in the amounts of State allotments based on subparagraphs (A), (B), and (C) of paragraph (1) shall be made not more often than annually. The Secretary shall notify States of any adjustment made and the percentage of the total appropriation for each State not less than six months before the beginning of the fiscal year in which such adjustment is to take effect.

(3) Minimum allotment for appropriations less than or equal to $75,000,000

(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, the Commonwealth of the Northern Mariana Islands, or the Republic of Palau (until the Compact of Free Association with Palau takes effect) may not be less than the greater of-

(I) $210,000; or

(II) the greater of the allotment received by such State for fiscal year 1992, or the allotment received by such State for fiscal year 1993, under this section (determined without regard to subsection (d) of this section); and

(ii) to any State not described in clause (i), may not be less than the greater of-

(I) $400,000; or

(B) Reduction of allotment

Notwithstanding subparagraph (A), if the aggregate of the amounts to be allotted to each State pursuant to subparagraph (A) in any fiscal year exceeds the total amount appropriated under section 6030 of this title for such fiscal year, the amount to be allotted to a State for such fiscal year shall be an amount which bears the same ratio to the amount which is to be allotted to the State pursuant to such subparagraph as the total amount appropriated under section 6030 of this title for such fiscal years bears to the total of the amount required to be appropriated under such section for allotments to provide each State with the allotment required by such subparagraph.

(4) Minimum allotment for appropriations in excess of $75,000,000

(A) In general

In any case in which amounts appropriated under section 6030 of this title for a fiscal year exceeds $75,000,000, the allotment under this section for such fiscal year-

(i) to each of American Samoa, Guam, the United States Virgin Islands, the Commonwealth of the Northern Mariana Islands or the Republic of Palau (until the Compact of Free Association with Palau takes effect) may not be less than the greater of-

(I) $220,000; or

(ii) to any State not described in clause (i) may not be less than the greater of-

(I) $450,000; or

(B) Reduction of allotment

The requirements of paragraph (3)(B) shall apply with respect to amounts to be allotted to States under subparagraph (A), in the same manner and to the same extent as such requirements apply with respect to amounts to be allotted to States under paragraph (3)(A).

(5) State supports, services, and other activities

In determining, for purposes of paragraph (1)(B), the extent of need in any State for services for persons with developmental disabilities, the Secretary shall take into account the scope and extent of the services described, pursuant to section 6022(c)(3)(A) of this title, in the State plan of the State.

(6) Increase in allotments

In any case in which the total amount appropriated under section 6030 of this title for a fiscal year exceeds the total amount appropriated under such section 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, the Secretary shall increase each of the minimum allotments under paragraphs (3) and (4) by an amount which bears the same ratio to the amount of such minimum allotment (including any increases in such minimum allotment under this paragraph for prior fiscal years) as the amount which is equal to the difference between-

(A) the total amount appropriated under section 6030 of this title for the fiscal year for which the increase in minimum allotment is being made, minus

(B) the total amount appropriated under section 6030 of this title for the immediately preceding fiscal year,

bears to the total amount appropriated under section 6030 of this title for such preceding fiscal year.

(b) Unobligated funds

Any amount paid to a State for a fiscal year and remaining unobligated at the end of such year shall remain available to such State for the next fiscal year for the purposes for which such amount was paid.

(c) Obligation of funds

For the purposes of this subchapter, State Interagency Agreements are considered valid obligations for the purpose of obligating Federal funds allotted to the State under this subchapter.

(d) Cooperative efforts between States

Whenever the State plan approved in accordance with section 6022 of this title provides for cooperative or joint effort between States or between or among agencies, public or private, in more than one State, portions of funds allotted to one or more such cooperating States may be combined in accordance with the agreements between the agencies involved.

(e) Reallotments

The amount of an allotment to a State for a fiscal year which the Secretary determines will not be required by the State during the period for which it is available for the purpose for which allotted shall be available for reallotment by the Secretary from time to time, on such date or dates as the Secretary may fix (but not earlier than thirty days after the Secretary has published notice of the intention of the Secretary to make such reallotment in the Federal Register), to other States with respect to which such a determination has not been made, in proportion to the original allotments of such States for such fiscal year, but with such proportionate amount for any of such other States being reduced to the extent it exceeds the sum the Secretary estimates such State needs and will be able to use during such period; and the total of such reductions shall be similarly reallotted among the States whose proportionate amounts were not so reduced. Any amount so reallotted to a State for a fiscal year shall be deemed to be a part of its allotment under subsection (a) of this section for such fiscal year.

(Pub. L. 88–164, title I, §125, as added Pub. L. 98–527, §2, Oct. 19, 1984, 98 Stat. 2676 ; amended Pub. L. 100–146, title II, §205, Oct. 29, 1987, 101 Stat. 850 ; Pub. L. 101–496, §13, Oct. 31, 1990, 104 Stat. 1197 ; Pub. L. 103–230, title II, §206, Apr. 6, 1994, 108 Stat. 310 .)

References in Text

For Oct. 1, 1994, as the date the Compact of Free Association with Palau takes effect, referred to in subsec. (a)(3)(A)(i), (4)(A)(i), see Proc. No. 6726, Sept. 27, 1994, 59 F.R. 49777, set out as a note under section 1931 of Title 48, Territories and Insular Possessions.

Prior Provisions

A prior section 125 of Pub. L. 88–164, title I, as added Pub. L. 94–103, title I, §105, Oct. 4, 1975, 89 Stat. 488 , authorized construction, renovation, or modernization of buildings to be used by university affiliated facilities and was classified to section 6041 of this title, prior to general amendment of subchapter II by Pub. L. 95–602, title V, §509, Nov. 6, 1978, 92 Stat. 3008 .

Amendments

1994-Pub. L. 103–230, §206(a), reenacted section catchline without change.

Subsec. (a). Pub. L. 103–230, §206(b)(1)(B), inserted heading.

Subsec. (a)(1). Pub. L. 103–230, §206(b)(1)(A), (B), inserted heading and realigned margins of subpars. (A) to (C) and closing provisions.

Subsec. (a)(2). Pub. L. 103–230, §206(b)(1)(C), inserted heading and in text substituted "shall be" for "may be" and "and the percentage of the total appropriation for each State not less" for "not less".

Subsec. (a)(3). Pub. L. 103–230, §206(b)(1)(D), inserted headings for par. (3) and subpars. (A) and (B) and amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: "Except as provided in paragraph (4), for any fiscal year the allotment under paragraph (1)-

"(i) to each of American Samoa, Guam, the Virgin Islands, the Commonwealth of the Northern Mariana Islands, the Republic of the Marshall Islands, the Federated States of Micronesia, or the Republic of Palau may not be less than $200,000; and

"(ii) to any other State may not be less than the greater of $350,000 or the amount of the allotment (determined without regard to subsection (d) of this section) received by the State for the fiscal year ending September 30, 1990."

Subsec. (a)(4). Pub. L. 103–230, §206(b)(1)(E), amended par. (4) generally. Prior to amendment, par. (4) read as follows: "In any case in which amounts appropriated under section 6030 of this title for a fiscal year exceeds $65,000,000, the allotment under paragraph (1) for such fiscal year-

"(A) to each of American Samoa, Guam, the Virgin Islands, the Commonwealth of the Northern Mariana Islands, the Republic of the Marshall Islands, the Federated States of Micronesia, or the Republic of Palau may not be less than $210,000; and

"(B) to each of the several States, Puerto Rico or the District of Columbia may not be less than $400,000."

Subsec. (a)(5). Pub. L. 103–230, §206(b)(1)(F), inserted heading and substituted "6022(c)(3)(A) of this title" for "6022(b)(2)(C) of this title" in text.

Subsec. (a)(6). Pub. L. 103–230, §206(b)(1)(G), inserted heading.

Subsec. (b). Pub. L. 103–230, §206(b)(2), inserted heading.

Subsec. (c). Pub. L. 103–230, §206(b)(3), (4), added subsec. (c) and redesignated former subsec. (c) as (d).

Subsec. (d). Pub. L. 103–230, §206(b)(3), (5), redesignated subsec. (c) as (d) and inserted heading. Former subsec. (d) redesignated (e).

Subsec. (e). Pub. L. 103–230, §206(b)(3), (6), redesignated subsec. (d) as (e) and inserted heading.

1990-Subsec. (a)(3). Pub. L. 101–496 amended par. (3) generally. Prior to amendment, par. (3) read as follows:

"(A) Except as provided in paragraph (4), for any fiscal year the allotment under paragraph (1)-

"(i) to each of American Samoa, Guam, the Virgin Islands, the Commonwealth of the Northern Mariana Islands, or the Trust Territory of the Pacific Islands may not be less than $160,000, and

"(ii) to any other State may not be less than the greater of $300,000, or the amount of the allotment (determined without regard to subsection (d) of this section) received by the State for the fiscal year ending September 30, 1984.

"(B) Notwithstanding subparagraph (A), if the aggregate of the amounts to be allotted to each State pursuant to subparagraph (A) in any fiscal year exceeds the total amount appropriated under section 6030 of this title for such fiscal year, the amount to be allotted to a State for such fiscal year shall be an amount which bears the same ratio to the amount which is to be allotted to the State pursuant to such subparagraph as the total amount appropriated under section 6030 of this title for such fiscal year bears to the total of the amount required to be appropriated under such section for allotments to provide each State with the allotment required by such subparagraph."

Subsec. (a)(4). Pub. L. 101–496 amended par. (4) generally. Prior to amendment, par. (4) read as follows: "In any case in which amounts appropriated under section 6030 of this title for a fiscal year exceed $60,000,000, the allotment under paragraph (1) for such fiscal year-

"(A) to each of American Samoa, Guam, the Virgin Islands, the Commonwealth of the Northern Mariana Islands, or the Trust Territory of the Pacific Islands may not be less than $200,000; and

"(B) to each of the several States, Puerto Rico, or the District of Columbia, may not be less than $350,000."

Subsec. (a)(5). Pub. L. 101–496 reenacted par. (5) without change.

Subsec. (a)(6). Pub. L. 101–496 amended par. (6) generally. Prior to amendment, par. (6) read as follows: "In any case in which the total amount appropriated under section 6030 of this title for a fiscal year exceeds the total amount appropriated under such section 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, the Secretary may increase each of the minimum allotments under paragraphs (3) and (4) by an amount which bears the same ratio to the amount of such minimum allotment (including any increases in such minimum allotment under this paragraph for prior fiscal years) as the amount which is equal to the difference between-

"(A) the total amount appropriated under section 6030 of this title for the fiscal year for which the increase in minimum allotment is being made, minus

"(B) the total amount appropriated under section 6030 of this title for the immediately preceding fiscal year,

bears to the total amount appropriated under section 6030 of this title for such preceding fiscal year."

1987-Subsec. (a)(3)(A)(i). Pub. L. 100–146, §205(a)(1), substituted "$160,000" for "$100,000".

Subsec. (a)(3)(A)(ii). Pub. L. 100–146, §205(a)(2), substituted "$300,000" for "$250,000".

Subsec. (a)(4). Pub. L. 100–146, §205(a)(3)–(5), in introductory provisions, substituted "$60,000,000" for "$47,000,000", in subpar. (A), substituted "$200,000" for "$160,000", and in subpar. (B), substituted "$350,000" for "$300,000".

Subsec. (a)(6). Pub. L. 100–146, §205(a)(6), added par. (6).

Subsec. (b). Pub. L. 100–146, §205(b), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: "Whenever the State plan approved in accordance with section 6022 of this title provides for participation of more than one State agency in administering or supervising the administration of designated portions of the State plan, the State may apportion its allotment among such agencies in a manner which, to the satisfaction of the Secretary, is reasonably related to the responsibilities assigned to such agencies in carrying out the purposes of the State plan. Funds so apportioned to State agencies may be combined with other State or Federal funds authorized to be spent for other purposes, provided the purposes of the State plan will receive proportionate benefit from the combination."

Effective Date of 1987 Amendment

Amendment by Pub. L. 100–146 effective Oct. 1, 1987, see section 601 of Pub. L. 100–146, set out as a note under section 6000 of this title.

Review and Analysis of Allotment Formula; Alternatives; Report

Section 213 of Pub. L. 103–230 provided that:

"(a) Review and Analysis.-The Secretary of Health and Human Services shall review and analyze the allotment formula in effect under parts B and C of title I of the Developmental Disabilities Assistance and Bill of Rights Act [42 U.S.C. 6021 et seq., 6041 et seq.] prior to the date of enactment of this Act, [Apr. 6, 1994], including the factors described in such parts, and the data elements and measures used by the Secretary, to determine whether such formula is consistent with the purpose of the Act [42 U.S.C. 6000 et seq.].

"(b) Alternative Formulas.-The Secretary of Health and Human Services shall identify alternative formulas for allocating funds, consistent with the purpose of this Act [see Short Title of 1994 Amendment note set out under section 6000 of this title].

"(c) Report.-Not later than October 1, 1995, the Secretary of Health and Human Services shall submit a report on the review conducted under subsection (a) and a copy of the alternative formulas identified under subsection (b) to the Committee on Labor and Human Resources of the Senate and to the Committee on Energy and Commerce [now Committee on Commerce] of the House of Representatives."

Section Referred to in Other Sections

This section is referred to in sections 6022, 6025a, 6026, 6027, 6030, 6042 of this title.