
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC12340]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
   CHAPTER 127--COORDINATED SERVICES FOR CHILDREN, YOUTH, AND FAMILIES
 
SUBCHAPTER I--ESTABLISHMENT OF ADMINISTRATION AND AWARDING OF GRANTS FOR 
                                PROGRAMS
 
Part B--Grants for State and Community Programs for Children, Youth, and 
                                Families
 
Sec. 12340. Authorization of appropriation and allotment


(a) Administration on Children, Youth, and Families; State coordination; 
        supportive services

                 (1) Authorization of appropriations

        There are authorized to be appropriated to carry out sections 
    12337 and 12338 of this title such sums as may be necessary for each 
    of the fiscal years 1995 through 1998.

                  (2) Availability of appropriation

        Of the amount appropriated under paragraph (1) for any fiscal 
    year--
            (A) not more than 10 percent shall be available to carry out 
        section 12315 of this title; and
            (B) not less than 90 percent shall be available to carry out 
        sections 12337 and 12338 of this title.

                        (3) Allotment formula

        Except as provided in paragraph (4), from the amount available 
    under paragraph (2)(B) for each fiscal year, a State shall be 
    allotted an amount that bears the same ratio to the amount 
    appropriated for such fiscal year as the population of the State 
    that is under the age of 21 bears to the population of all States 
    that is under the age of 21.

                           (4) Exceptions

        (A) In general

            Except as provided in subparagraph (B) and subject to the 
        availability of appropriations under paragraph (1), no State 
        shall be allotted less than $300,000 under the formula 
        established under paragraph (3).

        (B) Limitation on allotment

            Notwithstanding subparagraph (A), Guam, the Virgin Islands, 
        the Trust Territory of the Pacific Islands, American Samoa, and 
        the Commonwealth of the Northern Mariana Islands shall each be 
        allotted not less than $75,000 under the formula established 
        under paragraph (2).

(b) Determination of age

    The number of individuals under the age of 21 in each State shall be 
determined by the Commissioner on the basis of the most recent data 
available to the Commissioner.

(c) Transfer of allotted funds

    Whenever the Commissioner determines that--
        (1) any amount allotted to a State for a fiscal year under 
    section 12337 or 12338 of this title will not be used by such State 
    for carrying out the purpose for which such allotment was made; or
        (2) a State has failed to qualify under the State plan required 
    under section 12335 of this title;

the Commissioner shall make such allotment available for carrying out 
such purposes to other participating States in a proportional manner 
based on the relative population of the State of individuals under the 
age of 21.

(d) Repealed. Pub. L. 103-252, title IV, Sec. 402(b)(2), May 18, 1994, 
        108 Stat. 673

(e) Limitation

    A State shall not use in excess of 10 percent of a grant awarded 
under section 12338 or 12339 \1\ of this title for administrative 
activities at the State level.
---------------------------------------------------------------------------
    \1\ See References in Text note below.
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(f) Grants for Indians

    The Commissioner shall use 1 percent of the amount appropriated 
under this section for each fiscal year to make allotments to Indian 
tribes and tribal organizations (such terms having the same meaning 
given to such terms in section 450b(b) and (c) \1\ of title 25) that 
submit to the Commissioner a plan that meets criteria consistent with 
the provisions of this part and that comply with other requirements 
established by the Commissioner.

(g) Limitation

    Grants made under this subchapter may be used to pay not more than 
80 percent of the cost of--
        (1) the preparation, administration, and evaluation of State 
    plans under section 12337 of this title;
        (2) the development of comprehensive, efficient, coordinated 
    supportive services under section 12338 of this title; and
        (3) the development, expansion, and operation of local family 
    support and resource programs under section 12339 \1\ of this title.

The remaining 20 percent of such cost shall be paid by the State with 
funds from non-Federal sources.

(Pub. L. 101-501, title IX, Sec. 934, Nov. 3, 1990, 104 Stat. 1277; Pub. 
L. 103-252, title IV, Sec. 402(b), May 18, 1994, 108 Stat. 673.)

                       References in Text

    Section 12339 of this title, referred to in subsecs. (e) and (g)(3), 
was repealed by Pub. L. 103-252, title IV, Sec. 401(b)(1), May 18, 1994, 
108 Stat. 672.
    Section 450b of title 25, referred to in subsec. (f), has been 
amended, and subsecs. (b) and (c) of section 450b no longer define the 
terms ``Indian tribe'' and ``tribal organization''. However, such terms 
are defined elsewhere in that section.


                               Amendments

    1994--Subsec. (a)(1). Pub. L. 103-252, Sec. 402(b)(1), amended par. 
(1) generally. Prior to amendment, text read as follows: ``There are 
authorized to be appropriated to carry out sections 12315, 12337, and 
12338 of this title, $30,000,000 for fiscal year 1991 and such sums as 
may be necessary for fiscal years 1992, 1993, and 1994. Funds 
appropriated under this paragraph shall remain available for expenditure 
in the fiscal year succeeding the fiscal year for which such funds are 
appropriated.''
    Subsec. (d). Pub. L. 103-252, Sec. 402(b)(2), struck out heading and 
text of subsec. (d). Text read as follows: ``There are authorized to be 
appropriated to carry out section 12339 of this title, $30,000,000 for 
fiscal year 1991, and such sums as may be necessary for each of the 
fiscal years 1992 through 1994.''

          Termination of Trust Territory of the Pacific Islands

    For termination of Trust Territory of the Pacific Islands, see note 
set out preceding section 1681 of Title 48, Territories and Insular 
Possessions.

                  Section Referred to in Other Sections

    This section is referred to in section 12337 of this title.
