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 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 Page 8672 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 15024 adjustments as may be necessary to the pay- ments on account of previously made underpay- ments 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 in advance or by way of reimbursement, and in such installments as the Secretary may determine. (Pub. L. 106–402, title I, § 123, Oct. 30, 2000, 114 Stat. 1696.) § 15024. State plan (a) In general Any State desiring to receive assistance under this part shall submit to the Secretary, and ob- tain 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 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 (referred to in this part as a ‘‘designated State agency’’). (3) Comprehensive review and analysis The plan shall describe the results of a com- prehensive review and analysis of the extent to which services, supports, and other assist- ance are available to individuals with develop- mental 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 in- clude— (A) a description of the services, supports, and other assistance being provided to indi- viduals with developmental disabilities and their families under other federally assisted State programs, plans, and policies under which the State operates and in which indi- viduals with developmental disabilities are or may be eligible to participate, including particularly programs relating to the areas of emphasis, including— (i) medical assistance, maternal and child health care, services for children with special health care needs, children’s mental health services, comprehensive health and mental health services, and in- stitutional care options; (ii) job training, job placement, worksite accommodation, and vocational rehabilita- tion, and other work assistance programs; and (iii) social, child welfare, aging, inde- pendent living, and rehabilitation and as- sistive technology services, and such other services as the Secretary may specify; (B) a description of the extent to which agencies operating such other federally as- sisted State programs, including activities authorized under section 3003 or 3004 of title 29, pursue interagency initiatives to improve and enhance community services, individ- ualized supports, and other forms of assist- ance for individuals with developmental dis- abilities; (C) an analysis of the extent to which com- munity services and opportunities related to the areas of emphasis directly benefit indi- viduals with developmental disabilities, es- pecially with regard to their ability to ac- cess and use services provided in their com- munities, to participate in opportunities, ac- tivities, and events offered in their commu- nities, and to contribute to community life, identifying particularly— (i) the degree of support for individuals with developmental disabilities that are attributable to either physical impair- ment, mental impairment, or a combina- tion of physical and mental impairments; (ii) criteria for eligibility for services, including specialized services and special adaptation of generic services provided by agencies within the State, that may ex- clude individuals with developmental dis- abilities from receiving services described in this clause; (iii) the barriers that impede full partici- pation of members of unserved and under- served groups of individuals with develop- mental disabilities and their families; (iv) the availability of assistive tech- nology, assistive technology services, or rehabilitation technology, or information about assistive technology, assistive tech- nology services, or rehabilitation tech- nology to individuals with developmental disabilities; (v) the numbers of individuals with de- velopmental disabilities on waiting lists for services described in this subpara- graph; (vi) a description of the adequacy of cur- rent resources and projected availability of future resources to fund services de- scribed in this subparagraph; (vii) a description of the adequacy of health care and other services, supports, and assistance that individuals with devel- opmental disabilities who are in facilities receive (based in part on each independent review (pursuant to section 1396a(a)(30)(C) of this title) of an Intermediate Care Fa- cility (Mental Retardation) within the State, which the State shall provide to the Council not later than 30 days after the availability of the review); and (viii) to the extent that information is available, a description of the adequacy of health care and other services, supports, and assistance that individuals with devel- opmental disabilities who are served through home and community-based waiv-