42 U.S.C. § 15022 — State allotments

Page 8670 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 15021 (I) care is appropriate to the needs of the individuals being served by such programs; (II) the individuals admitted to facilities of such programs are individuals whose needs can be met through services pro- vided by such facilities; and (III) the facilities of such programs pro- vide for the humane care of the residents of the facilities, are sanitary, and protect their rights; and (iii) in the case of nonresidential pro- grams, that assure that the care provided by such programs is appropriate to the individ- uals served by the programs. (b) Clarification The rights of individuals with developmental disabilities described in findings made in this section shall be considered to be in addition to any constitutional or other rights otherwise af- forded to all individuals. (Pub. L. 106–402, title I, § 109, Oct. 30, 2000, 114 Stat. 1692.) PART B—FEDERAL ASSISTANCE TO STATE COUNCILS ON DEVELOPMENTAL DISABILITIES § 15021. Purpose The purpose of this part is to provide for allot- ments to support State Councils on Develop- mental Disabilities (referred to individually in this part as a ‘‘Council’’) in each State to— (1) engage in advocacy, capacity building, and systemic change activities that are con- sistent with the purpose described in section 15001(b) of this title and the policy described in section 15001(c) of this title; and (2) contribute to a coordinated, consumer- and family-centered, consumer- and family-di- rected, comprehensive system of community services, individualized supports, and other forms of assistance that enable individuals with developmental disabilities to exercise self-determination, be independent, be produc- tive, and be integrated and included in all fac- ets of community life. (Pub. L. 106–402, title I, § 121, Oct. 30, 2000, 114 Stat. 1693.) § 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 among the States on the basis of— (i) the population; (ii) the extent of need for services for in- dividuals with developmental disabilities; and (iii) the financial need, of the respective States. (B) Use of funds Sums allotted to the States under this sec- tion 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 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 no- tify each State of any adjustment made under this paragraph and the percentage of the total sums appropriated under section 15029 of this title 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 sec- tion— (i) to each of American Samoa, Guam, the United States Virgin Islands, or the Commonwealth of the Northern Mariana Islands may not be less than $210,000; and (ii) to any State not described in clause (i) may not be less than $400,000, the amount received by the State for the pre- vious year, or the amount of Federal ap- propriations received in fiscal year 2000, 2001, or 2002, whichever is greater. (B) Reduction of allotment Notwithstanding subparagraph (A), if the aggregate of the amounts to be allotted to the States pursuant to subparagraph (A) for any fiscal year exceeds the total amount ap- propriated under section 15029 of this title for such fiscal year, the amount to be allot- ted to each State for such fiscal year shall be proportionately reduced. (4) Minimum allotment for appropriations in excess of $70,000,000 (A) In general In any case in which the total amount ap- propriated under section 15029 of this title for a fiscal year is more than $70,000,000, the allotment under this section for such fiscal year— (i) to each of American Samoa, Guam, the United States Virgin Islands, or the Commonwealth of the Northern Mariana Islands may not be less than $220,000; and (ii) to any State not described in clause (i) may not be less than $450,000, the amount received by the State for the pre- vious year, or the amount of Federal ap- propriations received in fiscal year 2000, 2001, or 2002, whichever is greater. (B) Reduction of allotment The requirements of paragraph (3)(B) shall apply with respect to amounts to be allotted to States under subparagraph (A), in the same manner and to the same extent as such requirements apply with respect to amounts to be allotted to States under paragraph (3)(A). 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 fiscal year. (b) Unobligated funds Any amount paid to a State for a fiscal year and remaining unobligated at the end of such year shall remain available to such State for the next fiscal year for the purposes for which such amount was paid. (c) Obligation of funds For the purposes of this part, State Inter- agency Agreements are considered valid obliga- tions for the purpose of obligating Federal funds allotted to the State under this part. (d) Cooperative efforts between States If a State plan approved in accordance with section 15024 of this title provides for coopera- tive or joint effort between or among States or agencies, public or private, in more than 1 State, portions of funds allotted to 1 or more States described in this subsection may be com- bined in accordance with the agreements be- tween the States or agencies involved. (e) Reallotments (1) In general If the Secretary determines that an amount of an allotment to a State for a period (of a fiscal year or longer) will not be required by the State during the period for the purpose for which the allotment was made, the Secretary may reallot the amount. (2) Timing The Secretary may make such a reallotment from time to time, on such date as the Sec- retary may fix, but not earlier than 30 days after the Secretary has published notice of the intention of the Secretary to make the real- lotment in the Federal Register. (3) Amounts The Secretary shall reallot the amount to other States with respect to which the Sec- retary has not made that determination. The Secretary shall reallot the amount in propor- tion to the original allotments of the other States for such fiscal year, but shall reduce such proportionate amount for any of the other States to the extent the proportionate amount exceeds the sum that the Secretary estimates the State needs and will be able to use during such period. (4) Reallotment of reductions The Secretary shall similarly reallot the total of the reductions among the States whose proportionate amounts were not so re- duced. (5) Treatment Any amount reallotted to a State under this subsection for a fiscal year shall be deemed to be a part of the allotment of the State under subsection (a) for such fiscal year. (Pub. L. 106–402, title I, § 122, Oct. 30, 2000, 114 Stat. 1693; Pub. L. 108–154, § 3(a), Dec. 3, 2003, 117 Stat. 1934.) Editorial Notes AMENDMENTS 2003—Subsec. (a)(3)(A)(ii), (4)(A)(ii). Pub. L. 108–154 in- serted before period at end ‘‘, the amount received by the State for the previous year, or the amount of Fed- eral appropriations received in fiscal year 2000, 2001, or 2002, whichever is greater’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2003 AMENDMENT Pub. L. 108–154, § 3(b), Dec. 3, 2003, 117 Stat. 1934, pro- vided that: ‘‘The amendments made by subsection (a) [amending this section] shall take effect on October 1, 2003 and apply to allotments beginning in fiscal year 2004.’’ § 15023. Payments to the States for planning, ad- ministration, and services (a) State plan expenditures From each State’s allotments for a fiscal year under section 15022 of this title, the Secretary shall pay to the State the Federal share of the cost, other than the cost for construction, in- curred during such year for activities carried out under the State plan approved under section 15024 of this title. 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