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Title 42 — The Public Health and Welfare

Part B · Chapter 127 — Coordinated Services for Children, Youth, and Families

§ 12340. Authorization of appropriation and allotment

Statutory text

(a)

Administration on Children, Youth, and Families; State coordination; supportive services

(1)

Authorization of appropriations

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 appropriation

Of 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 formula

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.

(4)

Exceptions

(A)

In general

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).

(B)

Limitation on allotment

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).

(b)

Determination of age

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.

(c)

Transfer of allotted funds

Whenever 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), , 108 Stat. 673

(e)

Limitation

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.

(f)

Grants for Indians

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.

(g)

Limitation

Grants 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.

Footnotes

  1. 1 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Claude Pepper Young Americans Act of 1990

    Pub. L. 101–501 title IX § 934 · 104 Stat. 1222

    Enacted · 42 U.S.C. § 12340

    Pub. L. 101–501, title IX, § 934, Nov. 3, 1990, 104 Stat. 1277

    Source evidence

    Code source credit
    Pub. L. 101–501, title IX, § 934, Nov. 3, 1990, 104 Stat. 1277

    Enacted provision · exact public law section
    SEC. 934. AUTHORIZATION OF APPROPRIATION AND ALLOTMENT. (a) Administration on Children, Youth, and Families; State Coordination; Supportive Services.— (1) Authorization of appropriations.— There are authorized to be appropriated to carry out sections 919, 931, and 932 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. (2) Availability of appropriation.— Of the amount appropriated under paragraph (1) for any fiscal year— (A) not more than 10 percent shall be available to carry out section 919; and (B) not less than 90 percent shall be available to carry out sections 931 and 932. (3) Allotment formula.— 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. (4) Exceptions.— (A) In general.— 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). (B) Limitation on allotment.— Notwithstanding Territories. 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 Age.— 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. (c) Transfer of Allotted Funds.— Whenever the Commissioner determines that— (1) any amount allotted to a State for a fiscal year under section 931 or 932 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 929; 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) Family Resource and Support Programs.— There are authorized to be appropriated to carry out section 933, $30,000,000 for fiscal year 1991, and such sums as may be necessary for each of the fiscal years 1992 through 1994. (e) Limitation.— A State shall not use in excess of 10 percent of a grant awarded under section 932 or 933 for administrative activities at the State level. (f) Grants for Indians.— 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 4(b) and 4(c) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b (b) and (c))) that submit to the Commissioner a plan that meets criteria consistent with the provisions of this chapter and that comply with other requirements established by the Commissioner. (g) Limitation.— Grants made under this subtitle 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 931; (2) the development of comprehensive, efficient, coordinated supportive services under section 932; and (3) the development, expansion, and operation of local family support and resource programs under section 933. The remaining 20 percent of such cost shall be paid by the State with funds from non-Federal sources.

  2. Human Services Amendments of 1994

    Pub. L. 103–252 § 402(b)(1) · 108 Stat. 623

    Amended · 42 U.S.C. § 12340(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.”

    Source evidence

    Code amendment note
    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.”

    Enacted provision · exact public law section
    (1) in paragraph (1) of subsection (a), to read as follows: “(1) There are authorized to be appropriated to carry out sections 931 and 932 such sums as may be necessary for each of the fiscal years 1995 through 1998.”; and

  3. Human Services Amendments of 1994

    Pub. L. 103–252 § 402(b)(2) · 108 Stat. 623

    Struck · 42 U.S.C. § 12340(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.”

    Source evidence

    Code amendment note
    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.”

    Enacted provision · exact public law section
    (2) by striking subsection (d).

3 of 3 references resolved to an enrolled provision

Editorial Notes

References in Text

Section 12339 of this title, referred to in subsecs. (e) and (g)(3), was repealed by Pub. L. 103–252, title IV, § 401(b)(1), , 108 Stat. 672.

Section 5304 of title 25, referred to in subsec. (f), has been amended, and subsecs. (b) and (c) of section 5304 no longer define the terms “Indian tribe” and “tribal organization”. However, such terms are defined elsewhere in that section.

Amendments

1994—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.”

Statutory Notes and Related Subsidiaries

Effective Date

Section effective , see section 1001(a) of Pub. L. 101–501, set out as an Effective Date of 1990 Amendment note under section 8621 of this title.

Executive Documents

Termination of Trust Territory of the Pacific Islands

For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions.

Credits

1990–1994 · 2 acts
  1. 1990Pub. L. 101–501, title IX, § 934, , 104 Stat. 1277
  2. 1994Pub. L. 103–252, title IV, § 402(b), , 108 Stat. 673.
Show as published

(Pub. L. 101–501, title IX, § 934, , 104 Stat. 1277; Pub. L. 103–252, title IV, § 402(b), , 108 Stat. 673.)

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