Title 42 — The Public Health and Welfare
Part B · Chapter 7 — Social Security
§ 623. Allotments to States
Statutory text
In general
In general
Subject to paragraph (2), for each fiscal year, the sum appropriated pursuant to section 625 of this title remaining after applying section 628(a) of this title shall be allotted by the Secretary for use by cooperating State public welfare agencies which have plans developed jointly by the State agency and the Secretary as follows: The Secretary shall first allot $70,000 to each State, and shall then allot to each State an amount which bears the same ratio to the remainder of such sum as the product of (1) the population of the State under the age of twenty-one and (2) the allotment percentage of the State (as determined under this section) bears to the sum of the corresponding products of all the States.
Grants to States to enhance collaboration between State child welfare and juvenile justice systems
For each fiscal year beginning with fiscal year 2023 for which the amount appropriated under section 625 of this title for the fiscal year exceeds $270,000,000—
the Secretary shall reserve from such excess amount such sums as are necessary for making grants under section 628c of this title for such fiscal year, not to exceed $10,000,000; and
the remainder to be applied under paragraph (1) for purposes of making allotments to States for such fiscal year shall be determined after the Secretary first allots $70,000 to each State under such paragraph and reserves such sums under subparagraph (A) of this paragraph.
Determination of State allotment percentages
The “allotment percentage” for any State shall be 100 percent less the State percentage; and the State percentage shall be the percentage which bears the same ratio to 50 percent as the per capita income of such State bears to the per capita income of the United States; except that (1) the allotment percentage shall in no case be less than 30 percent or more than 70 percent, and (2) the allotment percentage shall be 70 percent in the case of Puerto Rico, the Virgin Islands, Guam, and American Samoa.
Promulgation of State allotment percentages
The allotment percentage for each State shall be promulgated by the Secretary between October 1 and November 30 of each even-numbered year, on the basis of the average per capita income of each State and of the United States for the three most recent calendar years for which satisfactory data are available from the Department of Commerce. Such promulgation shall be conclusive for each of the two fiscal years in the period beginning October 1 next succeeding such promulgation.
United States defined
For purposes of this section, the term “United States” means the 50 States and the District of Columbia.
Reallotment of funds
In general
The amount of any allotment to a State for a fiscal year under the preceding provisions of this section which the State certifies to the Secretary will not be required for carrying out the State plan developed as provided in section 622 of this title shall be available for reallotment from time to time, on such dates as the Secretary may fix, to other States which the Secretary determines—
need sums in excess of the amounts allotted to such other States under the preceding provisions of this section, in carrying out their State plans so developed; and
will be able to so use such excess sums during the fiscal year.
Considerations
The Secretary shall make the reallotments on the basis of the State plans so developed, after taking into consideration—
the population under 21 years of age;
the per capita income of each of such other States as compared with the population under 21 years of age; and
the per capita income of all such other States with respect to which such a determination by the Secretary has been made.
Amounts reallotted to a State deemed part of State allotment
Any amount so reallotted to a State is deemed part of the allotment of the State under this section.
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.
Social Security Amendments of 1967
Pub. L. 90–248 title II § 240(c) · 81 Stat. 821
Enacted · 42 U.S.C. § 623
Aug. 14, 1935, ch. 531, title IV, § 423, formerly § 421, as added Pub. L. 90–248, title II, § 240(c), Jan. 2, 1968, 81 Stat. 912
Source evidence
Code source credit
Aug. 14, 1935, ch. 531, title IV, § 423, formerly § 421, as added Pub. L. 90–248, title II, § 240(c), Jan. 2, 1968, 81 Stat. 912Enacted provision · exact public law section
(c) Title IV of such Act is further amended by adding at the end 49 Stat. 627; 76 Stat. 186. thereof the following new part: “Part B— Child-Welfare Services “Sec. 420. “appropriation For the purpose of enabling the United States, through the Secretary, to cooperate with State public welfare agencies in establishing, extending, and strengthening child-welfare services, the following sums are hereby authorized to be appropriated: $55,000,000 for the fiscal year ending June 30, 1968, $100,000,000 for the fiscal year ending June 30, 1969, and $110,000,000 for each fiscal year thereafter. “Sec. 421. “allotments to states The sum appropriated pursuant to section 420 for each fiscal year shall be allotted by the Secretary for use by cooperating State public welfare agencies which have plans developed jointly by the State agency and the Secretary, as follows: He shall allot $70,000 to each State, and shall allot, to each State an amount which bears the same ratio to the remainder of the sum so appropriated for such year as the product of (1) the population of such State under the age of 21 and (2) the allotment percentage of such State (as determined Post, p. 913. under section 423) bears to the sum of the corresponding products of all the States. “Sec. 422. “payment to states (a) From the sums appropriated therefor and the allotment available under this part, the Secretary shall from time to time pay to each State— “(1) that has a plan for child-welfare services which has been developed as provided in this part and which— “(A) provides for coordination between the services provided under such plan and the services provided for dependent children under the State plan approved under part A of this title, with a view to provision of welfare and related services which will best promote the welfare of such children and their families, and “(B) provides, with respect to day care services (including the provision of such care) provided under this title— “(i) for cooperative arrangements with the State health authority and the State agency primarily responsible for State supervision of public schools to assure maximum utilization of such agencies in the provision of necessary health services and education for children receiving day care, “(ii) for an advisory committee, to advise the State public welfare agency on the general policy involved in the provision of day care services under the plan, which shall include among its members representatives of other State agencies concerned with day care or services related thereto and persons representative of professional or civic or other public or nonprofit private agencies, organizations, or groups concerned with the provision of day care, “(iii) for such safeguards as may be necessary to assure provision of day care under the plan only in cases in which it is in the best interest of the child and the mother and only in cases in which it is determined, under criteria established by the State, that a need for such care exists; and, in cases in which the family is able to pay part or all of the costs of such care, for payment of such fees as may be reasonable in the light of such ability, “(iv) for giving priority, in determining the existence of need for such day care, to members of low-income or other groups in the population, and to geographical areas, which have the greatest relative need for extension of such day care, and “(v) that day care provided under the plan will be provided only in facilities (including private homes) which are licensed by the State, or approved (as meeting the standards established for such licensing) by the State agency responsible for licensing facilities of this type, and “(vi) for the development and implementation of arrangements for the more effective involvement of the parent or parents in the appropriate care of the child and the improvement of the health and development of the child, and “(2) that makes a satisfactory showing that the State, is extending the provision of child-welfare services in the State, with priority being given to communities with the greatest need for such services after giving consideration to their relative financial need, and with a view to making available by July 1, 1975, in all political subdivisions of the State, for all children in need thereof, child-welfare services provided by the staff (which shall to the extent feasible be composed of trained child-welfare personnel) of the State public welfare agency or of the local agency participating in the administration of the plan in the political subdivision, except that (effective July 1, 1969, or, if earlier, on the date as of which the modification of the State plan to comply with this requirement with respect to subprofessional staff is approved) such plan shall provide for the training and effective use of paid subprofessional staff with particular emphasis on the full-time or part-time employment of persons of low income, as community service aides, in the administration of the plan and for the use of nonpaid or partially paid volunteers in providing services and in assisting any advisory committees established by the State agency, an amount equal to the Federal share (as determined under section 423) of the total sum expended under such plan (including the cost of administration of the plan) in meeting the costs of State, district, county, or other local child-welfare services, in developing State services for the encouragement and assistance of adequate methods of community child-welfare organization, in paying the costs of returning any runaway child who has not attained the age of eighteen to his own community in another State, and of maintaining such child until such return (for a period not exceeding fifteen days), in cases in which such costs cannot be met by the parents of such child or by any person, agency, or institution legally responsible for the support of such child. In developing such services for children, the facilities and experience of voluntary agencies shall be utilized in accordance with child-care programs and arrangements in the State and local communities as may be authorized by the State. “(b) The method of computing and paying such amounts shall be as follows: “(1) The Secretary shall, prior to the beginning of each period for which a payment is to be made, estimate the amount to be paid to the State tor such period under the provisions of subsection (a). “(2) From the allotment available therefor, the Secretary shall pay the amount so estimated, reduced or increased, as the case may be, by any sum (not previously adjusted under this section) by which he finds that his estimate of the amount to be paid the State for any prior period under this section was greater or less than the amount which should have been paid to the State for such prior period under this section. “Sec. 423. “allotment percentage and federal share (a) The ‘allotment percentage’ for any State shall be 100 per centum less the State percentage; and the State percentage shall be that percentage which bears the same ratio to 50 per centum as the per capita income of such State bears to the per capita income of the United States; except that (1) the allotment percentage shall in no case be less than 30 per centum or more than 70 per centum, and (2) the allotment percentage shall be 70 per centum in the case of Puerto Rico, the Virgin Islands, and Guam. “(b) The ‘Federal share’ for any State for any fiscal year shall be 100 per centum less that percentage which bears the same ratio to 50 per centum as the per capita income of such State bears to the per capita income of the United States, except that (1) in no ease shall the Federal share be less than 33⅓ per centum or more than 66% per centum, and (2) the Federal share shall be 662/3 per centum in the case of Puerto Rico, the Virgin Islands, and Guam. “(c) The Federal share and the allotment percentage for each State shall be promulgated by the Secretary between July 1 and August 31 of each even-numbered year, on the basis of the average per capita income of each State and of the United States for the three most recent calendar years for which satisfactory data are available from the Department of Commerce. Such promulgation shall be conclusive for each of the two fiscal years in the period beginning July 1 next succeeding such promulgation: Provided, That the Federal shares and allotment percentages promulgated under section 524(c) of the Social 42 USC 724. Security Act in 1966 shall be effective for purposes of this section for the fiscal years ending June 30, 1968, and June 30, 1969. “(d) For purposes of this section, the term ‘United States’ means the fifty States and the District of Columbia. “Sec. 424. “reallotment The amount of any allotment to a State under section 421 for any fiscal year which the State certifies to the Secretary will not be required for carrying out the State plan developed as provided in such section shall be available for reallotment from time to time, on such dates as the Secretary may fix, to other States which the Secretary determines (1) have need in carrying out their State plans so developed for sums in excess of those previously allotted to them under that section and (2) will be able to use such excess amounts during such fiscal year. Such reallotments shall be made on the basis of the State plans so developed, after taking into consideration the population under the age of twenty-one, and the per capita income of each such State as compared with the population under the age of twenty-one, and the per capita income of all such States with respect to which such a determination by the Secretary has been made. Any amount so reallotted to a State shall be deemed part of its allotment under section 421. “Sec. 425. “definition For purposes of this title, the term ‘child-welfare services’ means public social services which supplement, or substitute for, parental care and supervision for the purpose of (1) preventing or remedying, or assisting in the solution of problems which may result in, the neglect, abuse, exploitation, or delinquency of children, (2) protecting and caring for homeless, dependent, or neglected children, (3) protecting and promoting the welfare of children of working mothers, and (4) otherwise protecting and promoting the welfare of children, including the strengthening of their own homes where possible or, where needed, the provision of adequate care of children away from their homes in foster family homes or day-care or other child-care facilities. “Sec. 426. “research, training, or demonstration projects (a) There are hereby authorized to be appropriated for each fiscal year such sums as the Congress may determine— “(1) for grants by the Secretary— “(A) to public or other nonprofit institutions of higher learning, and to public or other nonprofit agencies and organizations engaged in research or child-welfare activities, for special research or demonstration projects in the field of child welfare which are of regional or national significance and for special projects for the demonstration of new methods or facilities which show promise of substantial contribution to the advancement of child welfare; “(B) to State or local public agencies responsible for administering, or supervising the administration of, the plan under this part, for projects for the demonstration of the utilization of research (including findings resulting therefrom) in the field of child welfare in order to encourage experimental and special types of welfare services; and “(C) to public or other nonprofit institutions of higher learning for special projects for training personnel for work in the field of child welfare, including traineeships with such stipends and allowances as may be permitted by the Secretary; and “(2) for contracts or jointly financed cooperative arrangements with States and public and other organizations and agencies for the conduct of research, special projects, or demonstration projects relating to such matters. “(b) Payments of grants or under contracts or cooperative arrangements under this section may be made in advance or by way of reimbursement, and in such installments, as the Secretary may determine; and shall be made on such conditions as the Secretary finds necessary to carry out the purposes of the grants, contracts, or other arrangements.”Adoption Assistance and Child Welfare Act of 1980
Pub. L. 96–272 title I § 103(a) · 94 Stat. 500
Amended · 42 U.S.C. § 623
Pub. L. 96–272 designated existing provisions as subsec. (a)
Added · 42 U.S.C. § 623
Pub. L. 96–272 added subsecs. (b) to (d)
Source evidence
Code amendment note
Pub. L. 96–272 designated existing provisions as subsec. (a) and added subsecs. (b) to (d).Enacted provision · exact public law section
(a) Part B of title IV of the Social Security Act is amended (subject to subsection (c) of this section) by striking out all that precedes section 426 and inserting in lieu thereof the following: “Part B— Child Welfare Services “Sec. 420. “appropriation (a) For the purpose of enabling the United States, through the Secretary, to cooperate with State public welfare agencies in establishing, extending, and strengthening child welfare services, there is authorized to be appropriated for each fiscal year the sum of $266,000,000. “(b) Funds appropriated for any fiscal year pursuant to the authorization contained in subsection (a) shall be included in the appropriation Act (or supplemental appropriation Act) for the fiscal year preceding the fiscal year for which such funds are available for obligation. In order to effect a transition to this method of timing appropriation action, the preceding sentence, shall apply notwithstanding the fact that its initial application will result in the enactment in the same year (whether in the same appropriation Act or otherwise) of two separate appropriations, one for the then current fiscal year and one for the succeeding fiscal year. “Sec. 421. “allotments to states (a) The sum appropriated pursuant to section 420 for each fiscal year shall be allotted by the Secretary for use by cooperating State public welfare agencies which have plans developed jointly by the State agency and the Secretary as follows: He shall first allot $70,000 to each State, and shall then allot to each State an amount which bears the same ratio to the remainder of such sum as the product of (1) the population of the State under the age of twenty-one and (2) the allotment percentage of the State (as determined under this section) bears to the sum of the corresponding products of all the States. “(b) The ‘allotment percentage’ for any State shall be 100 per centum less the State percentage; and the State percentage shall be the percentage which bears the same ratio to 50 per centum as the per capita income of such State bears to the per capita income of the United States; except that (1) the allotment percentage shall in no case be less than 30 per centum or more than 70 per centum, and (2) the allotment percentage shall be 70 per centum in the case of Puerto Rico, the Virgin Islands, and Guam. “(c) The allotment percentage for each State shall be promulgated by the Secretary between October 1 and November 30 of each even-numbered year, on the basis of the average per capita income of each State and of the United States for the three most recent calendar years for which satisfactory data are available from the Department of Commerce. Such promulgation shall be conclusive for each of the two fiscal years in the period beginning October 1 next succeeding such promulgation. “United States.” “(d) For purposes of this section, the term ‘United States’ means the fifty States and the District of Columbia. “Sec. 422. “state plans for child welfare services (a) In order to be eligible for payment under this part, a 42 USC 622. Post, p. 521. State must have a plan for child welfare services which has been developed jointly by the Secretary and the State agency designated pursuant to subsection (b)(1), and which meets the requirements of subsection (b). “(b) Each plan for child welfare services under this part shall— “(1) provide that (A) the individual or agency designated pursuant to section 2003(d)(1)(C) to administer or supervise the 42 USC 1397b. administration of the State’s services program will administer or supervise the administration of the plan (except as otherwise provided in section 103(d) of the Adoption Assistance and Child Welfare Act of 1980), and (B) to the extent that child welfare Ante, p. 516. services are furnished by the staff of the State agency or local agency administering the plan, a single organizational unit in such State or local agency, as the case may be, will be responsible for furnishing such child welfare services; “(2) provide for coordination between the services provided for children under the plan and the services and assistance provided under title XX, under the State plan approved under part A of 42 USC 1397. 42 USC 601. Ante, p. 501. this title, under the State plan approved under part E of this title, and under other State programs having a relationship to the program under this part, with a view to provision of welfare and related services which will best promote the welfare of such children and their families; “(3) provide that the standards and requirements imposed with respect to child day care under title XX shall apply with respect to day care services under this part, except insofar as eligibility for such services is involved; “(4) provide for the training and effective use of paid paraprofessional Paraprofessionals and volunteers. staff, with particular emphasis on the full-time or part-time employment of persons of low income, as community service aides, in the administration of the plan, and for the use of nonpaid or partially paid volunteers in providing services and in assisting any advisory committees established by the State agency; “(5) contain a description of the services to be provided and specify the geographic areas where such services will be available; “(6) contain a description of the steps which the State will take to provide child welfare services and to make progress in— “(A) covering additional political subdivisions, “(B) reaching additional children in need of services, and “(C) expanding and strengthening the range of existing services and developing new types of services, along with a description of the State’s child welfare services staff development and training plans; “(7) provide, in the development of services for children, for Voluntary agencies, utilization. utilization of the facilities and experience of voluntary agencies in accordance with State and local programs and arrangements, as authorized by the State; and “(8) provide that the agency administering or supervising the administration of the plan will furnish such reports, containing such information, and participate in such evaluations, as the Secretary may require. “Sec. 423. “payment to states (a) From the sums appropriated therefor and the allotment under this part, subject to the conditions set forth in this section and in section 427, the Secretary shall from time to time pay to each State that has a plan developed in accordance with section 422 an amount equal to 75 per centum of the total sum expended under the plan (including the cost of administration of the plan) in meeting the costs of State, district, county, or other local child welfare services. “(b) The method of computing and making payments under this section shall be as follows: “(1) The Secretary shall, prior to the beginning of each period for which a payment is to be made, estimate the amount to be paid to the State for such period under the provisions of this section. “(2) From the allotment available therefor, the Secretary shall pay the amount so estimated, reduced or increased, as the case may be, by any sum (not previously adjusted under this section) by which he finds that his estimate of the amount to be paid the State for any prior period under this section was greater or less than the amount which should have been paid to the State for such prior period under this section. “(c) (1) No payment may be made to a State under this part, for any fiscal year beginning after September 30, 1979, with respect to State expenditures made for (A) child day care necessary solely because of the employment, or training to prepare for employment, of a parent or other relative with whom the child involved is living, (B) foster care maintenance payments, and (C) adoption assistance payments, to the extent that the Federal payment with respect to those expenditures would exceed the total amount of the Federal payment under this part for fiscal year 1979. “(2) Expenditures made by a State for any fiscal year which begins after September 30, 1979, for foster care maintenance payments shall be treated for purposes of making Federal payments under this part with respect to expenditures for child welfare services, as if such foster care maintenance payments constituted child welfare services of a type to which the limitation imposed by paragraph (1) does not apply; except that the amount payable to the State with respect to expenditures made for other child welfare services and for foster care maintenance payments during any such year shall not exceed 100 per centum of the amount of the expenditures made for child welfare services for which payment may be made under the limitation imposed by paragraph (1) as in effect without regard to this paragraph. “(d) No payment may be made to a State under this part in excess of the payment made under this part for fiscal year 1979, for any fiscal year beginning after September 30, 1979, if for the latter fiscal year the total of the State’s expenditures for child welfare services under this part (excluding expenditures for activities specified in subsection (c)(1)) is less than the total of the State’s expenditures under this part (excluding expenditures for such activities) for fiscal year 1979. “Sec. 424. “reallotment The amount of any allotment to a State under section 42 USC 624. 421 for any fiscal year which the State certifies to the Secretary will not be required for carrying out the State plan developed as provided in section 422 shall be available for reallotment from time to time, on such dates as the Secretary may fix, to other States which the Secretary determines (1) have need in carrying out their State plans so developed for sums in excess of those previously allotted to them under section 421 and (2) will be able to use such excess amounts during such fiscal year. Such reallotments shall be made on the basis of the State plans so developed, after taking into consideration the population under the age of twenty-one, and the per capita income of each such State as compared with the population under the age of twenty-one, and the per capita income of all such States with respect to which such a determination by the Secretary has been made. Any amount so reallotted to a State snail be deemed part of its allotment under section 421. “Sec. 425. “definitions (a) (1) For purposes of this title, the term ‘child welfare 42 USC 625. services’ means public social services which are directed toward the accomplishment of the following purposes: (A) protecting and promoting the welfare of all children, including handicapped, homeless, dependent, or neglected children; (B) preventing or remedying, or assisting in the solution of problems which may result in, the neglect, abuse, exploitation, or delinquency of children; (C) preventing the unnecessary separation of children from their families by identifying family problems, assisting families in resolving their problems, and preventing breakup of the family where the prevention of child removal is desirable and possible; (D) restoring to their families children who have been removed, by the provision of services to the child and the families; (E) placing children in suitable adoptive homes, in cases where restoration to the biological family is not possible or appropriate; and (F) assuring adequate care of children away from their homes, in cases where the child cannot be returned home or cannot be placed for adoption. “(2) Funds expended by a State for any calendar quarter to comply with the statistical report required by section 476(b), and funds expended with respect to nonrecurring costs of adoption proceedings in the case of children placed for adoption with respect to whom assistance is provided under a State plan for adoption assistance approved under part E of this title, shall be deemed to have been Ante, p. 501. expended for child welfare services. “(b) For other definitions relating to this part and to part E of this title, see section 475 of this Act.”. Ante, p. 510.Pub. L. 100–203 title IX § 9135(b)(2) · 101 Stat. 1330
Substituted · 42 U.S.C. § 623(b)
Pub. L. 100–203 substituted “Guam, and American Samoa” for “and Guam”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 100–203 substituted “Guam, and American Samoa” for “and Guam”.Enacted provision · exact public law section
(2) Section 421(b) of such Act is amended by striking “and Guam” 42 USC 621. and inserting “Guam, and American Samoa”.Child and Family Services Improvement Act of 2006
Pub. L. 109–288 § 11(a)(1)(B) · 120 Stat. 1233
Substituted · 42 U.S.C. § 623(a)
Pub. L. 109–288, § 11(a)(1)(B), substituted “The Secretary” for “He”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 109–288, § 11(a)(1)(B), substituted “The Secretary” for “He”.Enacted provision · exact public law section
(B) by striking “He” and inserting “The Secretary”.Child and Family Services Improvement Act of 2006
Pub. L. 109–288 § 6(d)(1) · 120 Stat. 1233
Inserted · 42 U.S.C. § 623(a)
Pub. L. 109–288, § 6(d)(1), inserted heading
Substituted · 42 U.S.C. § 623(a)
Pub. L. 109–288, § 6(d)(1), substituted “section 625” for “section 620”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 109–288, § 6(d)(1), inserted heading and substituted “section 625” for “section 620”.Enacted provision · exact public law section
(1) in subsection (a)— (A) by inserting “In General.—” after “(a)”; and (B) by striking “420” and inserting “425”; andChild and Family Services Improvement Act of 2006
Pub. L. 109–288 § 11(a)(1)(A) · 120 Stat. 1233
Substituted · 42 U.S.C. § 623(b)
Pub. L. 109–288, § 11(a)(1)(A), which directed amendment of section by substituting “percent” for “per centum”, was executed by making the substitution wherever appearing in subsec. (b), to reflect the probable intent of Congress
Source evidence
Code amendment note
Subsec. (b). Pub. L. 109–288, § 11(a)(1)(A), which directed amendment of section by substituting “percent” for “per centum”, was executed by making the substitution wherever appearing in subsec. (b), to reflect the probable intent of Congress.Enacted provision · exact public law section
(A) is amended by striking “per centum” and inserting “percent”; andChild and Family Services Improvement Act of 2006
Pub. L. 109–288 § 6(d)(2) · 120 Stat. 1233
Inserted · 42 U.S.C. § 623(b)
Pub. L. 109–288, § 6(d)(2), inserted heading
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 109–288, § 6(d)(2), inserted heading.Enacted provision · exact public law section
(2) in subsection (b), by inserting “Determination of State Allotment Percentages.—” after “(b)”;Child and Family Services Improvement Act of 2006
Pub. L. 109–288 § 6(d)(3) · 120 Stat. 1233
Inserted · 42 U.S.C. § 623(c)
Pub. L. 109–288, § 6(d)(3), inserted heading
Source evidence
Code amendment note
Subsec. (c). Pub. L. 109–288, § 6(d)(3), inserted heading.Enacted provision · exact public law section
(3) in subsection (c), by inserting “Promulgation of State Allotment Percentages.—” after “(c)”;Child and Family Services Improvement Act of 2006
Pub. L. 109–288 § 6(d)(4) · 120 Stat. 1233
Inserted · 42 U.S.C. § 623(d)
Pub. L. 109–288, § 6(d)(4), inserted heading
Substituted · 42 U.S.C. § 623(d)
Pub. L. 109–288, § 6(d)(4), substituted “50” for “fifty”
Source evidence
Code amendment note
Subsec. (d). Pub. L. 109–288, § 6(d)(4), inserted heading and substituted “50” for “fifty”.Enacted provision · exact public law section
(4) in subsection (d)— (A) by inserting “United States Defined.—” after “(d)”; and (B) by striking “fifty” and inserting “50”; andChild and Family Services Improvement Act of 2006
Pub. L. 109–288 § 6(d)(5) · 120 Stat. 1233
Added · 42 U.S.C. § 623(e)
Pub. L. 109–288, § 6(d)(5), added subsec. (e)
Source evidence
Code amendment note
Subsec. (e). Pub. L. 109–288, § 6(d)(5), added subsec. (e).Enacted provision · exact public law section
(5) by adding at the end the following: “(e) Reallotment of Funds.— “(1) In general.— The amount of any allotment to a State for a fiscal year under the preceding provisions of this section which the State certifies to the Secretary will not be required for carrying out the State plan developed as provided in section 422 shall be available for reallotment from time to time, on such dates as the Secretary may fix, to other States which the Secretary determines— “(A) need sums in excess of the amounts allotted to such other States under the preceding provisions of this section, in carrying out their State plans so developed; and “(B) will be able to so use such excess sums during the fiscal year. “(2) Considerations.— The Secretary shall make the reallotments on the basis of the State plans so developed, after taking into consideration— “(A) the population under 21 years of age; “(B) the per capita income of each of such other States as compared with the population under 21 years of age; and “(C) the per capita income of all such other States with respect to which such a determination by the Secretary has been made. “(3) Amounts reallotted to a state deemed part of state allotment.— Any amount so reallotted to a State is deemed part of the allotment of the State under this section.” .Child and Family Services Improvement and Innovation Act
Pub. L. 112–34 title I § 101(d) · 125 Stat. 371
Substituted · 42 U.S.C. § 623(b)
Pub. L. 112–34, which directed substitution of “percent” for “per centum” wherever appearing, was not executed due to prior amendment by Pub. L. 109–288, § 11(a)(1)(A). See 2006 Amendment note below
Source evidence
Code amendment note
Subsec. (b). Pub. L. 112–34, which directed substitution of “percent” for “per centum” wherever appearing, was not executed due to prior amendment by Pub. L. 109–288, § 11(a)(1)(A). See 2006 Amendment note below.Enacted provision · exact public law section
(d) Technical Correction.— Section 423(b) of such Act (42 U.S.C. 623(b)) is amended by striking “per centum” each place it appears and inserting “percent”.Trafficking Victims Prevention and Protection Reauthorization Act of 2022
Pub. L. 117–348 title I § 101(b) · 136 Stat. 6211
Amended · 42 U.S.C. § 623(a)
Pub. L. 117–348 designated existing provisions as par. (1)
Inserted · 42 U.S.C. § 623(a)
Pub. L. 117–348 inserted par. heading
Substituted · 42 U.S.C. § 623(a)
Pub. L. 117–348 substituted “Subject to paragraph (2), the sum appropriated” for “The sum appropriated”
Added · 42 U.S.C. § 623(a)
Pub. L. 117–348 added par. (2)
Source evidence
Code amendment note
Subsec. (a). Pub. L. 117–348 designated existing provisions as par. (1), inserted par. heading, substituted “Subject to paragraph (2), the sum appropriated” for “The sum appropriated”, and added par. (2).Enacted provision · exact public law section
(b) Conforming Amendments.— Section 423(a) of such Act (42 U.S.C. 623(a)) is amended— (1) by striking “The sum appropriated” and inserting the following: “(1) In general.— Subject to paragraph (2), the sum appropriated” ; and (2) by adding at the end the following: “(2) Grants to states to enhance collaboration between state child welfare and juvenile justice systems.— For each fiscal year beginning with fiscal year 2023 for which the amount appropriated under section 425 for the fiscal year exceeds $270,000,000— “(A) the Secretary shall reserve from such excess amount such sums as are necessary for making grants under section 429A for such fiscal year; and “(B) the remainder to be applied under paragraph (1) for purposes of making allotments to States for such fiscal year shall be determined after the Secretary first allots $70,000 to each State under such paragraph and reserves such sums under subparagraph (A) of this paragraph.” .Pub. L. 118–258 § 107(a)(1)(B) · 138 Stat. 2948
Substituted · 42 U.S.C. § 623(a)(1)
Pub. L. 118–258, § 107(a)(1)(B), substituted “for each fiscal year, the sum appropriated pursuant to section 625 of this title remaining after applying section 628(a) of this title” for “the sum appropriated pursuant to section 625 of this title for each fiscal year”
Unresolved: Pub. L. 118–258 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 118–258, § 107(a)(1)(B), substituted “for each fiscal year, the sum appropriated pursuant to section 625 of this title remaining after applying section 628(a) of this title” for “the sum appropriated pursuant to section 625 of this title for each fiscal year”.Effective date note
Amendment by Pub. L. 118–258 effective Oct. 1, 2025, and applicable to payments under this part for calendar quarters beginning on or after such date, with delay permitted if either State legislation or tribal action is required to meet additional requirements, see section 117 of Pub. L. 118–258, set out as a note under section 622 of this title.Pub. L. 118–258 § 103(d) · 138 Stat. 2948
Inserted · 42 U.S.C. § 623(a)(2)(A)
Pub. L. 118–258, § 103(d), inserted “, not to exceed $10,000,000” before “; and”
Unresolved: Pub. L. 118–258 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (a)(2)(A). Pub. L. 118–258, § 103(d), inserted “, not to exceed $10,000,000” before “; and”.Effective date note
Amendment by Pub. L. 118–258 effective Oct. 1, 2025, and applicable to payments under this part for calendar quarters beginning on or after such date, with delay permitted if either State legislation or tribal action is required to meet additional requirements, see section 117 of Pub. L. 118–258, set out as a note under section 622 of this title.
18 of 20 references resolved to an enrolled provision · 2 unresolved
Editorial Notes
Codification
Section was formerly classified to section 621 of this title prior to renumbering by Pub. L. 109–288.
Prior Provisions
A prior section 623, act Aug. 14, 1935, ch. 531, title IV, § 423, as added Pub. L. 90–248, title II, § 240(c), , 81 Stat. 913, and amended, which related to payment to States, was renumbered section 424 of act , by Pub. L. 109–288, § 6(b)(2), , 120 Stat. 1244, and transferred to section 624 of this title.
Amendments1980–2025 · 6 rounds
2025
Subsec. (a)(1). Pub. L. 118–258, § 107(a)(1)(B), substituted “for each fiscal year, the sum appropriated pursuant to section 625 of this title remaining after applying section 628(a) of this title” for “the sum appropriated pursuant to section 625 of this title for each fiscal year”.
Subsec. (a)(2)(A). Pub. L. 118–258, § 103(d), inserted “, not to exceed $10,000,000” before “; and”.
2023
Subsec. (a). Pub. L. 117–348 designated existing provisions as par. (1), inserted par. heading, substituted “Subject to paragraph (2), the sum appropriated” for “The sum appropriated”, and added par. (2).
2011
Subsec. (b). Pub. L. 112–34, which directed substitution of “percent” for “per centum” wherever appearing, was not executed due to prior amendment by Pub. L. 109–288, § 11(a)(1)(A). See 2006 Amendment note below.
2006
Subsec. (a). Pub. L. 109–288, § 11(a)(1)(B), substituted “The Secretary” for “He”.
Pub. L. 109–288, § 6(d)(1), inserted heading and substituted “section 625” for “section 620”.
Subsec. (b). Pub. L. 109–288, § 11(a)(1)(A), which directed amendment of section by substituting “percent” for “per centum”, was executed by making the substitution wherever appearing in subsec. (b), to reflect the probable intent of Congress.
Pub. L. 109–288, § 6(d)(2), inserted heading.
Subsec. (c). Pub. L. 109–288, § 6(d)(3), inserted heading.
Subsec. (d). Pub. L. 109–288, § 6(d)(4), inserted heading and substituted “50” for “fifty”.
Subsec. (e). Pub. L. 109–288, § 6(d)(5), added subsec. (e).
1987
Subsec. (b). Pub. L. 100–203 substituted “Guam, and American Samoa” for “and Guam”.
1980
Pub. L. 96–272 designated existing provisions as subsec. (a) and added subsecs. (b) to (d).
Statutory Notes and Related Subsidiaries
Effective Date of 2025 Amendment
Amendment by Pub. L. 118–258 effective , and applicable to payments under this part for calendar quarters beginning on or after such date, with delay permitted if either State legislation or tribal action is required to meet additional requirements, see section 117 of Pub. L. 118–258, set out as a note under section 622 of this title.
Effective Date of 2011 Amendment
Amendment by Pub. L. 112–34 effective , and applicable to payments under this part and part E of this subchapter for calendar quarters beginning on or after such date, without regard to whether implementing regulations have been promulgated, and with delay permitted if State legislation is required to meet additional requirements, see section 107 of Pub. L. 112–34, set out as a note under section 622 of this title.
Effective Date of 2006 Amendment
Amendment by Pub. L. 109–288 effective , and applicable to payments under this part and part E of this subchapter for calendar quarters beginning on or after such date, without regard to whether implementing regulations have been promulgated, and with delay permitted if State legislation is required to meet additional requirements, see section 12(a), (b) of Pub. L. 109–288, set out as a note under section 621 of this title.
Effective Date of 1987 Amendment
Pub. L. 100–203, title IX, § 9135(c), , 101 Stat. 1330–315, provided that: “The amendments made by this section [amending this section and sections 1301 and 1397b of this title] shall apply with respect to fiscal years beginning on or after .”
Credits
1935–2025 · 7 acts
- 1935Aug. 14, 1935, ch. 531, title IV, § 423, formerly § 421, as added Pub. L. 90–248, title II, § 240(c), , 81 Stat. 912
- 1980amended Pub. L. 96–272, title I, § 103(a), , 94 Stat. 516
- 1987Pub. L. 100–203, title IX, § 9135(b)(2), , 101 Stat. 1330–315
- 2006renumbered § 423 and amended Pub. L. 109–288, §§ 6(b)(2), (d), 11(a)(1), , 120 Stat. 1244, 1246, 1255
- 2011Pub. L. 112–34, title I, § 101(d), , 125 Stat. 371
- 2023Pub. L. 117–348, title I, § 101(b), , 136 Stat. 6215
- 2025Pub. L. 118–258, title I, §§ 103(d), 107(a)(1)(B), , 138 Stat. 2948, 2954.
Show as published
(Aug. 14, 1935, ch. 531, title IV, § 423, formerly § 421, as added Pub. L. 90–248, title II, § 240(c), , 81 Stat. 912; amended Pub. L. 96–272, title I, § 103(a), , 94 Stat. 516; Pub. L. 100–203, title IX, § 9135(b)(2), , 101 Stat. 1330–315; renumbered § 423 and amended Pub. L. 109–288, §§ 6(b)(2), (d), 11(a)(1), , 120 Stat. 1244, 1246, 1255; Pub. L. 112–34, title I, § 101(d), , 125 Stat. 371; Pub. L. 117–348, title I, § 101(b), , 136 Stat. 6215; Pub. L. 118–258, title I, §§ 103(d), 107(a)(1)(B), , 138 Stat. 2948, 2954.)