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42 U.S.C. § 15042 — Allotments and payments

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 15042 — Allotments and payments

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Stable record: federal_law:legal_authorities:record_usc_a207a59e6ad78544f6fd18a9
Source file: Laws/federal/codes/united-states-code/title-42/section-15042-allotments-and-payments--4346b67452.md
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Source location: Title 42, Chapter 144, § 15042; chapter-144-developmental-disabilities-assistance-and-bill-of-rights.md

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**(a) Allotments** (1) **In general** — To assist States in meeting the requirements of [section 15043(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section15043/a&num=0&edition=prelim), the Secretary shall allot to the States the amounts appropriated under [section 15045 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section15045&num=0&edition=prelim) and not reserved under paragraph (6). Allotments and reallotments of such sums shall be made on the same basis as the allotments and reallotments are made under subsections (a)(1)(A) and (e) of [section 15022 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section15022&num=0&edition=prelim), except as provided in paragraph (2). (2) **Minimum allotments** — In any case in which— (A) the total amount appropriated under [section 15045 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section15045&num=0&edition=prelim) for a fiscal year is not less than $20,000,000, the allotment under paragraph (1) for such fiscal year— (i) to each of American Samoa, Guam, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands may not be less than $107,000; and (ii) to any State not described in clause (i) may not be less than $200,000; or (B) the total amount appropriated under [section 15045 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section15045&num=0&edition=prelim) for a fiscal year is less than $20,000,000, the allotment under paragraph (1) for such fiscal year— (i) to each of American Samoa, Guam, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands may not be less than $80,000; and (ii) to any State not described in clause (i) may not be less than $150,000. (3) **Reduction of allotment** — Notwithstanding paragraphs (1) and (2), if the aggregate of the amounts to be allotted to the States pursuant to such paragraphs for any fiscal year exceeds the total amount appropriated for such allotments under [section 15045 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section15045&num=0&edition=prelim) for such fiscal year, the amount to be allotted to each State for such fiscal year shall be proportionately reduced. (4) **Increase in allotments** — In any year in which the total amount appropriated under [section 15045 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section15045&num=0&edition=prelim) for a fiscal year exceeds the total amount appropriated under such section (or a corresponding provision) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section720/c/1&num=0&edition=prelim) (if the percentage change indicates an increase), the Secretary shall increase each of the minimum allotments described in subparagraphs (A) and (B) of paragraph (2). The Secretary shall increase each minimum allotment by an amount that bears the same ratio to the amount of such minimum allotment (including any increases in such minimum allotment under this paragraph (or a corresponding provision) for prior fiscal years) as the amount that is equal to the difference between— (A) the total amount appropriated under [section 15045 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section15045&num=0&edition=prelim) for the fiscal year for which the increase in the minimum allotment is being made; minus (B) the total amount appropriated under [section 15045 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section15045&num=0&edition=prelim) (or a corresponding provision) for the immediately preceding fiscal year, bears to the total amount appropriated under [section 15045 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section15045&num=0&edition=prelim) (or a corresponding provision) for such preceding fiscal year. (5) **Monitoring the administration of the system** — In a State in which the system is housed in a State agency, the State may use not more than 5 percent of any allotment under this subsection for the costs of monitoring the administration of the system required under [section 15043(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section15043/a&num=0&edition=prelim). (6) **Technical assistance and American Indian consortium** — In any case in which the total amount appropriated under [section 15045 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section15045&num=0&edition=prelim) for a fiscal year is more than $24,500,000, the Secretary shall— (A) use not more than 2 percent of the amount appropriated to provide technical assistance to eligible systems with respect to activities carried out under this part (consistent with requests by such systems for such assistance for the year); and (B) provide a grant in accordance with [section 15043(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section15043/b&num=0&edition=prelim), and in an amount described in paragraph (2)(A)(i), to an American Indian consortium to provide protection and advocacy services. **(b) Payment to systems** Notwithstanding any other provision of law, the Secretary shall pay directly to any system in a State that complies with the provisions of this part the amount of the allotment made for the State under this section, unless the system specifies otherwise. **(c) Unobligated funds** Any amount paid to a system under this part for a fiscal year and remaining unobligated at the end of such year shall remain available to such system for the next fiscal year, for the purposes for which such amount was paid.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 15045 — Authorization of appropriations

For allotments under [section 15042 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section15042&num=0&edition=prelim), there are authorized to be appropriated $32,000,000 for fiscal year 2001 and such sums as may be necessary for each of fiscal years 2002 through 2007.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 15045

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 15022 — State allotments

**(a) Allotments** (1) **In general** (A) *Authority* — For each fiscal year, the Secretary shall, in accordance with regulations and this paragraph, allot the sums appropriated for such year under [section 15029 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section15029&num=0&edition=prelim) among the States on the basis of— (i) the population; (ii) the extent of need for services for individuals with developmental disabilities; and (iii) the financial need, of the respective States. (B) *Use of funds* — Sums allotted to the States under this section shall be used to pay for the Federal share of the cost of carrying out projects in accordance with State plans approved under [section 15024 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section15024&num=0&edition=prelim) for the provision under such plans of services for individuals with developmental disabilities. (2) **Adjustments** — The Secretary may make adjustments in the amounts of State allotments based on clauses (i), (ii), and (iii) of paragraph (1)(A) not more often than annually. The Secretary shall notify each State of any adjustment made under this paragraph and the percentage of the total sums appropriated under [section 15029 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section15029&num=0&edition=prelim) that the adjusted allotment represents not later than 6 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 $70,000,000** (A) *In general* — Except as provided in paragraph (4), for any fiscal year the allotment under this section— (i) to each of American

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 15022

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 15043 — System required

**(a) System required** In order for a State to receive an allotment under part B or this part— (1) the State shall have in effect a system to protect and advocate the rights of individuals with developmental disabilities; (2) such system shall— (A) have the authority to— (i) pursue legal, administrative, and other appropriate remedies or approaches to ensure the protection of, and advocacy for, the rights of such individuals within the State who are or who may be eligible for treatment, services, or habilitation, or who are being considered for a change in living arrangements, with particular attention to members of ethnic and racial minority groups; and (ii) provide information on and referral to programs and services addressing the needs of individuals with developmental disabilities; (B) have the authority to investigate incidents of abuse and neglect of individuals with developmental disabilities if the incidents are reported to the system or if there is probable cause to believe that the incidents occurred; (C) on an annual basis, develop, submit to the Secretary, and take action with regard to goals (each of which is related to 1 or more areas of emphasis) and priorities, developed through data driven strategic planning, for the system’s activities; (D) on an annual basis, provide to the public, including individuals with developmental disabilities attributable to either physical impairment, mental impairment, or a combination of physical and mental impairment, and their representatives, and as appropriate, non-State agency representatives of the State Councils on Developmental Disabilities, and Centers, in the State, an opportunity to comment on— (i) the goals and priorities established by the system and the rationale for the establi

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 15043

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 15042 — Allotments and payments

Page 8681 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 15042 court the record of the proceedings on which the Secretary based the action, as provided in sec- tion 2112 of title 28. (c) Jurisdiction Upon the filing of the petition, the court shall have jurisdiction to affirm the action of the Sec- retary or to set the action aside, in whole or in part, temporarily or permanently. Until the fil- ing of the record, the Secretary may modify or set aside the order of the Secretary relating to the action. (d) Findings and remand The findings of the Secretary about the facts, if supported by substantial evidence, shall be conclusive, but the court, for good cause shown, may remand the case involved to the Secretary for further proceedings to take further evidence. On remand, the Secretary may make new or modified findings of fact and may modify the previous action of the Secretary, and shall file with the court the record of the further pro- ceedings. Such new or modified findings of fact shall likewise be conclusive if supported by sub- stantial evidence. (e) Finality The judgment of the court affirming or setting aside, in whole or in part, any action of the Sec- retary shall be final, subject to review by the Supreme Court of the United States upon certio- rari or certification as provided in section 1254 of title 28. (f) Effect The commencement of proceedings under this section shall not, unless so specifically ordered by a court, operate as a stay of the Secretary’s action. (Pub. L. 106–402, title I, § 128, Oct. 30, 2000, 114 Stat. 1711.) § 15029. Authorization of appropriations (a) Funding for State allotments Except as described in subsection (b), there are authorized to be appropriated for allotments under section 15022 of this title $76,

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 15042

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