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42 U.S.C. § 15023 — Payments to the States for planning, administration, and services

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

42 U.S.C. § 15023 — Payments to the States for planning, administration, and services

**(a) State plan expenditures** From each State’s allotments for a fiscal year under [section 15022 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section15022&num=0&edition=prelim), the Secretary shall pay to the State the Federal share of the cost, other than the cost for construction, incurred during such year for activities carried out under the State plan approved under [section 15024 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section15024&num=0&edition=prelim). The Secretary shall make such payments from time to time in advance on the basis of estimates by the Secretary of the sums the State will expend for the cost under the State plan. The Secretary shall make such adjustments as may be necessary to the payments on account of previously made underpayments or overpayments under this section. **(b) Designated State agency expenditures** The Secretary may make payments to a State for the portion described in [section 15024(c)(5)(B)(vi) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section15024/c/5/B/vi&num=0&edition=prelim) in advance or by way of reimbursement, and in such installments as the Secretary may determine.

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Stable record: federal_law:legal_authorities:record_usc_c6fc264c967e17c04c42b832
Source file: Laws/federal/codes/united-states-code/title-42/section-15023-payments-to-the-states-for-planning-administration-and-services--252f508cd8.md
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Source location: Title 42, Chapter 144, § 15023; chapter-144-developmental-disabilities-assistance-and-bill-of-rights.md

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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

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

42 U.S.C. § 15024 — State plan

**(a) In general** Any State desiring to receive assistance under this part shall submit to the Secretary, and obtain approval of, a 5-year strategic State plan under this section. **(b) Planning cycle** The plan described in subsection (a) shall be updated as appropriate during the 5-year period. **(c) State plan requirements** In order to be approved by the Secretary under this section, a State plan shall meet each of the following requirements: (1) **State Council** — The plan shall provide for the establishment and maintenance of a Council in accordance with [section 15025 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section15025&num=0&edition=prelim) and describe the membership of such Council. (2) **Designated State agency** — The plan shall identify the agency or office within the State designated to support the Council in accordance with this section and [section 15025(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section15025/d&num=0&edition=prelim) (referred to in this part as a “designated State agency”). (3) **Comprehensive review and analysis** — The plan shall describe the results of a comprehensive review and analysis of the extent to which services, supports, and other assistance are available to individuals with developmental disabilities and their families, and the extent of unmet needs for services, supports, and other assistance for those individuals and their families, in the State. The results of the comprehensive review and analysis shall include— (A) a description of the services, supports, and other assistance being provided to individuals with developmental disabilities and their families under other federally assisted State programs, plans, and policies und

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

42 U.S.C. § 15023 — Payments to the States for planning, ad-

Page 8671 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 15023 (5) State supports, services, and other activi- ties In determining, for purposes of paragraph (1)(A)(ii), the extent of need in any State for services for individuals with developmental disabilities, the Secretary shall take into ac- count the scope and extent of the services, supports, and assistance described, pursuant to section 15024(c)(3)(A) of this title, in the State plan of the State. (6) Increase in allotments In any year in which the total amount ap- propriated under section 15029 of this title for a fiscal year exceeds the total amount appro- priated under such section (or a corresponding provision) for the preceding fiscal year by a percentage greater than the most recent per- centage change in the Consumer Price Index published by the Secretary of Labor under sec- tion 720(c)(1) of title 29 (if the percentage change indicates an increase), the Secretary shall increase each of the minimum allot- ments described in paragraphs (3) and (4). The Secretary shall increase each minimum allot- ment by an amount that bears the same ratio to the amount of such minimum allotment (including any increases in such minimum al- lotment under this paragraph (or a cor- responding provision) for prior fiscal years) as the amount that is equal to the difference be- tween— (A) the total amount appropriated under section 15029 of this title for the fiscal year for which the increase in the minimum al- lotment is being made; minus (B) the total amount appropriated under section 15029 of this title (or a corresponding provision) for the immediately preceding fis- cal year, bears to the total amount appropriated under section 15029 of this title (or a corresponding provision) for such preceding fisca

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