2015 US Code
Title 42 - The Public Health and Welfare (Sections 1 - 18445)
Chapter 127 - Coordinated Services for Children, Youth, and Families (Sections 12301 - 12377)
Subchapter I - Establishment of Administration and Awarding of Grants for Programs (Sections 12311 - 12355)
Part B - Grants for State and Community Programs for Children, Youth, and Families (Sections 12331 - 12340)
Sec. 12340 - Authorization of appropriation and allotment
Publication Title | United States Code, 2012 Edition, Supplement 3, Title 42 - THE PUBLIC HEALTH AND WELFARE |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 127 - COORDINATED SERVICES FOR CHILDREN, YOUTH, AND FAMILIES SUBCHAPTER I - ESTABLISHMENT OF ADMINISTRATION AND AWARDING OF GRANTS FOR PROGRAMS Part B - Grants for State and Community Programs for Children, Youth, and Families Sec. 12340 - Authorization of appropriation and allotment |
Contains | section 12340 |
Date | 2015 |
Laws In Effect As Of Date | January 3, 2016 |
Positive Law | No |
Disposition | standard |
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. |
Statutes at Large References | 104 Stat. 1277 108 Stat. 673, 672 |
Public and Private Laws | Public Law 101-501, Public Law 103-252 |
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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.
(2) Availability of appropriationOf the amount appropriated under paragraph (1) for any fiscal year—
(A) not more than 10 percent shall be available to carry out section 12315 of this title; and
(B) not less than 90 percent shall be available to carry out sections 12337 and 12338 of this title.
(3) Allotment formulaExcept 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.
(4) Exceptions(A) In generalExcept 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).
(B) Limitation on allotmentNotwithstanding 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).
(b) Determination of ageThe 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.
(c) Transfer of allotted fundsWhenever the Commissioner determines that—
(1) 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
(2) 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.
(d) Repealed. Pub. L. 103–252, title IV, §402(b)(2), May 18, 1994, 108 Stat. 673(e) LimitationA 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.
(f) Grants for IndiansThe 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 450b(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.
(g) LimitationGrants made under this subchapter may be used to pay not more than 80 percent of the cost of—
(1) the preparation, administration, and evaluation of State plans under section 12337 of this title;
(2) the development of comprehensive, efficient, coordinated supportive services under section 12338 of this title; and
(3) 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.
(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.)
REFERENCES IN TEXTSection 12339 of this title, referred to in subsecs. (e) and (g)(3), was repealed by Pub. L. 103–252, title IV, §401(b)(1), May 18, 1994, 108 Stat. 672.
Section 450b of title 25, referred to in subsec. (f), has been amended, and subsecs. (b) and (c) of section 450b no longer define the terms "Indian tribe" and "tribal organization". However, such terms are defined elsewhere in that section.
AMENDMENTS1994—Subsec. (a)(1). Pub. L. 103–252, §402(b)(1), amended par. (1) generally. Prior to amendment, text read as follows: "There are authorized to be appropriated to carry out sections 12315, 12337, and 12338 of this title, $30,000,000 for fiscal year 1991 and such sums as may be necessary for fiscal years 1992, 1993, and 1994. Funds appropriated under this paragraph shall remain available for expenditure in the fiscal year succeeding the fiscal year for which such funds are appropriated."
Subsec. (d). Pub. L. 103–252, §402(b)(2), struck out heading and text of subsec. (d). Text read as follows: "There are authorized to be appropriated to carry out section 12339 of this title, $30,000,000 for fiscal year 1991, and such sums as may be necessary for each of the fiscal years 1992 through 1994."
TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDSFor termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions.
1 See References in Text note below.
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