42 U.S.C. § 629c — Allotments to States

Page 2239 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 629c § 629c. Allotments to States (a) Indian tribes or tribal consortia From the amount reserved pursuant to section 629f(b)(3) of this title for any fiscal year, the Secretary shall allot to each Indian tribe with a plan approved under this subpart an amount that bears the same ratio to such reserved amount as the number of children in the Indian tribe bears to the total number of children in all Indian tribes with State plans so approved, as determined by the Secretary on the basis of the most current and reliable information available to the Secretary. If a consortium of Indian tribes submits a plan approved under this sub- part, the Secretary shall allot to the consortium an amount equal to the sum of the allotments determined for each Indian tribe that is part of the consortium. (b) Territories From the amount described in section 629f(a) of this title for any fiscal year that remains after applying section 629f(b) of this title for the fiscal year, the Secretary shall allot to each of the jurisdictions of Puerto Rico, Guam, the Vir- gin Islands, the Northern Mariana Islands, and American Samoa an amount determined in the same manner as the allotment to each of such jurisdictions is determined under section 623 of this title. (c) Other States (1) In general From the amount described in section 629f(a) of this title for any fiscal year that remains after applying section 629f(b) of this title and subsection (b) of this section for the fiscal year, the Secretary shall allot to each State (other than an Indian tribe) which is not speci- fied in subsection (b) of this section an amount equal to such remaining amount mul- tiplied by the supplemental nutrition assist- ance program benefits percentage of the State for the fiscal year. (2) Supplemental nutrition assistance program benefits percentage defined (A) In general As used in paragraph (1) of this subsection, the term ‘‘supplemental nutrition assistance program benefits percentage’’ means, with respect to a State and a fiscal year, the av- erage monthly number of children receiving supplemental nutrition assistance program benefits in the State for months in the 3 fis- cal years referred to in subparagraph (B) of this paragraph, as determined from sample surveys made under section 2025(c) of title 7, expressed as a percentage of the average monthly number of children receiving sup- plemental nutrition assistance program ben- efits in the States described in such para- graph (1) for months in such 3 fiscal years, as so determined. (B) Fiscal years used in calculation For purposes of the calculation pursuant to subparagraph (A), the Secretary shall use data for the 3 most recent fiscal years, pre- ceding the fiscal year for which the State’s allotment is calculated under this sub- section, for which such data are available to the Secretary. (d) Reallotments The amount of any allotment to a State under subsection (a), (b), or (c) of this section for any fiscal year that the State certifies to the Sec- retary will not be required for carrying out the State plan under section 629b of this title shall be available for reallotment using the allotment methodology specified in subsection (a), (b), or (c) of this section. Any amount so reallotted to a State is deemed part of the allotment of the State under the preceding provisions of this sec- tion. (e) Allotment of funds reserved to support monthly caseworker visits (1) Territories From the amount reserved pursuant to sec- tion 629f(b)(4)(A) of this title for any fiscal year, the Secretary shall allot to each juris- diction specified in subsection (b) of this sec- tion, that has provided to the Secretary such documentation as may be necessary to verify that the jurisdiction has complied with sec- tion 629f(b)(4)(B)(ii) of this title during the fis- cal year, an amount determined in the same manner as the allotment to each of such juris- dictions is determined under section 623 of this title (without regard to the initial allotment of $70,000 to each State). (2) Other States From the amount reserved pursuant to sec- tion 629f(b)(4)(A) of this title for any fiscal year that remains after applying paragraph (1) of this subsection for the fiscal year, the Sec- retary shall allot to each State (other than an Indian tribe) not specified in subsection (b) of this section, that has provided to the Sec- retary such documentation as may be nec- essary to verify that the State has complied with section 629f(b)(4)(B)(ii) of this title during the fiscal year, an amount equal to such re- maining amount multiplied by the supple- mental nutrition assistance program benefits percentage of the State (as defined in sub- section (c)(2) of this section) for the fiscal year, except that in applying subsection (c)(2)(A) of this section, ‘‘subsection (e)(2)’’ shall be substituted for ‘‘such paragraph (1)’’. (Aug. 14, 1935, ch. 531, title IV, § 433, as added Pub. L. 103–66, title XIII, § 13711(a)(2), Aug. 10, 1993, 107 Stat. 653; amended Pub. L. 107–133, title I, §§ 103, 106(a)(2), Jan. 17, 2002, 115 Stat. 2415, 2417; Pub. L. 109–288, §§ 4(a)(2), 5(b)(1)(A), 6(f)(4), Sept. 28, 2006, 120 Stat. 1237, 1242, 1247; Pub. L. 110–234, title IV, § 4002(b)(1)(B), (D), (2)(V), May 22, 2008, 122 Stat. 1096, 1097; Pub. L. 110–246, § 4(a), title IV, § 4002(b)(1)(B), (D), (2)(V), June 18, 2008, 122 Stat. 1664, 1857, 1858; Pub. L. 112–34, title I, § 102(g)(2), Sept. 30, 2011, 125 Stat. 372; Pub. L. 118–258, title I, §§ 112(b), 115(b)(2)(A), (B), Jan. 4, 2025, 138 Stat. 2962, 2968, 2969.) AMENDMENT OF SECTION Pub. L. 118–258, title I, §§ 112(b), 115(b)(2)(A), (B), 117, Jan. 4, 2025, 138 Stat. 2962, 2968, 2969, provided that, effective Oct. 1, 2025, and appli- cable to payments under this part for calendar Page 2240 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 629c quarters beginning on or after such date, with delay permitted if either State legislation or tribal action is required to meet additional re- quirements, this section is amended as follows: (1) in subsection (a), by striking ‘‘629f(b)(3) of this title’’ and inserting ‘‘629f(b)(2) of this title’’; and (2) in subsection (e)— (A) by striking paragraphs (1) and (2) and in- serting the following: ‘‘(1) Base allotment ‘‘From the amount reserved pursuant to section 629f(b)(4)(A) of this title for any fiscal year, the Secretary shall first allot to each State (other than an Indian tribe) that has provided to the Secretary such documentation as may be nec- essary to verify that the jurisdiction has complied with section 629f(b)(4)(B)(ii) of this title during the fiscal year, a base allotment of $100,000, and shall then allot to each of those States an amount determined in paragraph (2) or (3) of this sub- section, as applicable. ‘‘(2) Territories ‘‘From the amount reserved pursuant to section 629f(b)(4)(A) of this title for any fiscal year that remains after applying paragraph (1) of this sub- section for the fiscal year, the Secretary shall allot to each jurisdiction specified in subsection (b) of this section to which a base allotment is made under such paragraph (1) an amount deter- mined in the same manner as the allotment to each of such jurisdictions is determined under sec- tion 623 of this title (without regard to the initial allotment of $70,000 to each State). ‘‘(3) Other States ‘‘From the amount reserved pursuant to section 629f(b)(4)(A) of this title for any fiscal year that remains after applying paragraphs (1) and (2) of this subsection for the fiscal year, the Secretary shall allot to each State (other than an Indian tribe) not specified in subsection (b) of this section to which a base allotment was made under para- graph (1) of this subsection an amount equal to such remaining amount multiplied by the supple- mental nutrition assistance program benefits per- centage of the State (as defined in subsection (c)(2) of this section) for the fiscal year, except that in applying subsection (c)(2)(A) of this sec- tion, ‘subsection (e)(3)’ shall be substituted for ‘such paragraph (1)’.’’; and (B) by striking ‘‘629f(b)(4)(A) of this title’’ and inserting ‘‘629f(b)(3)(A) of this title’’ each place it appears. See 2025 Amendment notes below. Editorial Notes CODIFICATION Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246. PRIOR PROVISIONS A prior section 433 of act Aug. 14, 1935, was classified to section 633 of this title prior to repeal by Pub. L. 100–485. AMENDMENTS 2025—Subsec. (a). Pub. L. 118–258, § 115(b)(2)(A), sub- stituted ‘‘629f(b)(2) of this title’’ for ‘‘629f(b)(3) of this title’’. Subsec. (e). Pub. L. 118–258, § 115(b)(2)(B), substituted ‘‘629f(b)(3)(A) of this title’’ for ‘‘629f(b)(4)(A) of this title’’ wherever appearing. Pub. L. 118–258, § 112(b), added pars. (1) to (3) and struck out former pars. (1) and (2) which related to the allotment of funds reserved to support monthly case- worker visits for territories and other States, respec- tively. 2011—Subsec. (c)(2). Pub. L. 112–34, § 102(g)(2)(A), sub- stituted ‘‘Supplemental nutrition assistance program benefits’’ for ‘‘Food stamp’’ in heading. Subsec. (c)(2)(A). Pub. L. 112–34, § 102(g)(2)(B), sub- stituted ‘‘receiving supplemental nutrition assistance program benefits’’ for ‘‘receiving supplemental nutri- tion assistance program benefits benefits’’ in two places. 2008—Subsec. (c)(1). Pub. L. 110–246, § 4002(b)(1)(D), (2)(V), substituted ‘‘supplemental nutrition assistance program benefits’’ for ‘‘food stamp’’. Subsec. (c)(2)(A). Pub. L. 110–246, § 4002(b)(1)(D), (2)(V), substituted ‘‘supplemental nutrition assistance pro- gram benefits’’ for ‘‘food stamp’’ wherever appearing. Pub. L. 110–246, § 4002(b)(1)(B), (2)(V), made technical amendment to reference in original act which appears in text as reference to section 2025(c) of title 7. Subsec. (e)(2). Pub. L. 110–246, § 4002(b)(1)(D), (2)(V), substituted ‘‘supplemental nutrition assistance pro- gram benefits’’ for ‘‘food stamp’’. 2006—Subsec. (a). Pub. L. 109–288, § 5(b)(1)(A), inserted ‘‘or tribal consortia’’ after ‘‘tribes’’ in heading and in- serted at end of text ‘‘If a consortium of Indian tribes submits a plan approved under this subpart, the Sec- retary shall allot to the consortium an amount equal to the sum of the allotments determined for each In- dian tribe that is part of the consortium.’’ Subsec. (b). Pub. L. 109–288, § 6(f)(4), substituted ‘‘sec- tion 623’’ for ‘‘section 621’’. Subsec. (d). Pub. L. 109–288, § 4(a)(2)(A), inserted ‘‘sub- section (a), (b), or (c) of’’ after ‘‘to a State under’’ and ‘‘specified in’’. Subsec. (e). Pub. L. 109–288, § 4(a)(2)(B), added subsec. (e). 2002—Subsec. (a). Pub. L. 107–133, § 106(a)(2)(A), sub- stituted ‘‘section 629f(b)(3)’’ for ‘‘section 629(d)(3)’’. Subsec. (b). Pub. L. 107–133, § 106(a)(2)(B), substituted ‘‘section 629f(a)’’ for ‘‘section 629(b)’’ and ‘‘section 629f(b)’’ for ‘‘section 629(d)’’. Subsec. (c)(1). Pub. L. 107–133, § 106(a)(2)(C), sub- stituted ‘‘section 629f(a)’’ for ‘‘section 629(b)’’ and ‘‘sec- tion 629f(b)’’ for ‘‘section 629(d)’’. Subsec. (d). Pub. L. 107–133, § 103, added subsec. (d). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2025 AMENDMENT 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. EFFECTIVE DATE OF 2011 AMENDMENT Amendment by Pub. L. 112–34 effective Oct. 1, 2011, 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 imple- menting 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 2008 AMENDMENT Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, except as other- wise provided, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of Title 7, Agriculture. Page 2241 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 629d Amendment by section 4002(b)(1)(B), (D), (2)(V) of Pub. L. 110–246 effective Oct. 1, 2008, see section 4407 of Pub. L. 110–246, set out as a note under section 1161 of Title 2, The Congress. EFFECTIVE DATE OF 2006 AMENDMENT Amendment by Pub. L. 109–288 effective Oct. 1, 2006, 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 imple- menting 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 2002 AMENDMENT Amendment by Pub. L. 107–133 effective Jan. 17, 2002, with delay permitted if State legislation is required, see section 301 of Pub. L. 107–133, set out as a note under section 629 of this title. § 629d. Payments to States (a) Entitlement Each State that has a plan approved under section 629b of this title shall, subject to sub- section (d), be entitled to payment of the sum of— (1) the lesser of— (A) 75 percent of the total expenditures by the State for activities under the plan dur- ing the fiscal year or the immediately suc- ceeding fiscal year; or (B) the allotment of the State under sub- section (a), (b), or (c) of section 629c of this title, whichever is applicable, for the fiscal year; and (2) the lesser of— (A) 75 percent of the total expenditures by the State in accordance with section 629f(b)(4)(B) of this title during the fiscal year or the immediately succeeding fiscal year; or (B) the allotment of the State under sec- tion 629c(e) of this title for the fiscal year. (b) Prohibitions (1) No use of other Federal funds for State match Each State receiving an amount paid under subsection (a) may not expend any Federal funds to meet the costs of services under the State plan under section 629b of this title not covered by the amount so paid. (2) Availability of funds A State may not expend any amount paid under subsection (a) for any fiscal year after the end of the immediately succeeding fiscal year. (c) Direct payments to tribal organizations of In- dian tribes or tribal consortia The Secretary shall pay any amount to which an Indian tribe or tribal consortium is entitled under this section directly to the tribal organi- zation of the Indian tribe or in the case of a pay- ment to a tribal consortium, such tribal organi- zations of, or entity established by, the Indian tribes that are part of the consortium as the consortium shall designate. (d) Limitation on reimbursement for administra- tive costs The Secretary shall not make a payment to a State under this section with respect to expendi- tures for administrative costs during a fiscal year, to the extent that the total amount of the expenditures exceeds 10 percent of the total ex- penditures of the State during the fiscal year under the State plan approved under section 629b of this title. (Aug. 14, 1935, ch. 531, title IV, § 434, as added Pub. L. 103–66, title XIII, § 13711(a)(2), Aug. 10, 1993, 107 Stat. 653; amended Pub. L. 107–133, title I, § 104, Jan. 17, 2002, 115 Stat. 2415; Pub. L. 109–288, §§ 3(f)(1), 4(a)(3), 5(b)(3)(B), Sept. 28, 2006, 120 Stat. 1236, 1237, 1243; Pub. L. 118–258, title I, § 115(b)(2)(C), Jan. 4, 2025, 138 Stat. 2969.) AMENDMENT OF SUBSECTION (a)(2)(A) Pub. L. 118–258, title I, §§ 115(b)(2)(C), 117, Jan. 4, 2025, 138 Stat. 2969, provided that, effec- tive Oct. 1, 2025, and applicable to payments under this part for calendar quarters beginning on or after such date, with delay permitted if ei- ther State legislation or tribal action is required to meet additional requirements, subsection (a)(2)(A) of this section is amended by striking ‘‘629f(b)(4)(B)’’ and inserting ‘‘629f(b)(3)(B)’’. See 2025 Amendment note below. Editorial Notes PRIOR PROVISIONS A prior section 434 of act Aug. 14, 1935, was classified to section 634 of this title prior to repeal by Pub. L. 100–485. AMENDMENTS 2025—Subsec. (a)(2)(A). Pub. L. 118–258 substituted ‘‘629f(b)(3)(B) of this title’’ for ‘‘629f(b)(4)(B) of this title’’. 2006—Subsec. (a). Pub. L. 109–288, § 4(a)(3), substituted ‘‘the sum of—’’ for ‘‘the lesser of—’’ in introductory provisions, added pars. (1) and (2), and struck out former pars. (1) and (2) which read as follows: ‘‘(1) 75 percent of the total expenditures by the State for activities under the plan during the fiscal year or the immediately succeeding fiscal year; or ‘‘(2) the allotment of the State under section 629c of this title for the fiscal year.’’ Pub. L. 109–288, § 3(f)(1)(A), inserted ‘‘, subject to sub- section (d),’’ after ‘‘shall’’ in introductory provisions. Subsec. (c). Pub. L. 109–288, § 5(b)(3)(B), in heading in- serted ‘‘or tribal consortia’’ after ‘‘tribes’’ and in text inserted ‘‘or tribal consortium’’ after ‘‘to which an In- dian tribe’’ and ‘‘or in the case of a payment to a tribal consortium, such tribal organizations of, or entity es- tablished by, the Indian tribes that are part of the con- sortium as the consortium shall designate’’ after ‘‘of the Indian tribe’’. Subsec. (d). Pub. L. 109–288, § 3(f)(1)(B), added subsec. (d). 2002—Subsec. (a). Pub. L. 107–133, § 104(a), struck out par. (1) designation and heading after subsec. heading, substituted ‘‘Each State that has a plan approved under section 629b of this title shall be entitled to pay- ment of the lesser of—’’ for ‘‘Except as provided in paragraph (2) of this subsection, each State which has a plan approved under this subpart shall be entitled to payment of the lesser of—’’, redesignated subpars. (A) and (B) of former par. (1) as pars. (1) and (2), respec- tively, and realigned their margins, and struck out former par. (2) which related to a special rule for fiscal year 1994. Subsec. (b)(1). Pub. L. 107–133, § 104(b)(1), struck out ‘‘paragraph (1) or (2)(B) of’’ after ‘‘amount paid under’’ and substituted ‘‘under the State plan under section 629b of this title’’ for ‘‘described in this subpart’’. Subsec. (b)(2). Pub. L. 107–133, § 104(b)(2), substituted ‘‘subsection (a)’’ for ‘‘subsection (a)(1)’’.