
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-402 Section 401(a)]
[CITE: 42USC6025]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
  CHAPTER 75--PROGRAMS FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES
 
 SUBCHAPTER II--FEDERAL ASSISTANCE TO STATE DEVELOPMENTAL DISABILITIES 
                                COUNCILS
 
Sec. 6025. State allotments


(a) Allotments

                           (1) In general

        For each fiscal year, the Secretary shall, in accordance with 
    regulations and this paragraph, allot the sums appropriated for such 
    year under section 6030 of this title among the States on the basis 
    of--
            (A) the population,
            (B) the extent of need for services for persons with 
        developmental disabilities, and
            (C) the financial need,

    of the respective States. Sums allotted to the States under this 
    section shall be used in accordance with approved State plans under 
    section 6022 of this title for the provision under such plans of 
    services for persons with developmental disabilities.

                           (2) Adjustments

        Adjustments in the amounts of State allotments based on 
    subparagraphs (A), (B), and (C) of paragraph (1) shall be made not 
    more often than annually. The Secretary shall notify States of any 
    adjustment made and the percentage of the total appropriation for 
    each State not less than six 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 $75,000,000

        (A) In general

            Except as provided in paragraph (4), for any fiscal year the 
        allotment under this section--
                (i) to each of American Samoa, Guam, the United States 
            Virgin Islands, the Commonwealth of the Northern Mariana 
            Islands, or the Republic of Palau (until the Compact of Free 
            Association with Palau takes effect) may not be less than 
            the greater of--
                    (I) $210,000; or
                    (II) the greater of the allotment received by such 
                State for fiscal year 1992, or the allotment received by 
                such State for fiscal year 1993, under this section 
                (determined without regard to subsection (d) of this 
                section); and

                (ii) to any State not described in clause (i), may not 
            be less than the greater of--
                    (I) $400,000; or
                    (II) the greater of the allotment received by such 
                State for fiscal year 1992, or the allotment received by 
                such State for fiscal year 1993, under this section 
                (determined without regard to subsection (d) of this 
                section).

        (B) Reduction of allotment

            Notwithstanding subparagraph (A), if the aggregate of the 
        amounts to be allotted to each State pursuant to subparagraph 
        (A) in any fiscal year exceeds the total amount appropriated 
        under section 6030 of this title for such fiscal year, the 
        amount to be allotted to a State for such fiscal year shall be 
        an amount which bears the same ratio to the amount which is to 
        be allotted to the State pursuant to such subparagraph as the 
        total amount appropriated under section 6030 of this title for 
        such fiscal years bears to the total of the amount required to 
        be appropriated under such section for allotments to provide 
        each State with the allotment required by such subparagraph.

       (4) Minimum allotment for appropriations in excess of 
                                 $75,000,000

        (A) In general

            In any case in which amounts appropriated under section 6030 
        of this title for a fiscal year exceeds $75,000,000, the 
        allotment under this section for such fiscal year--
                (i) to each of American Samoa, Guam, the United States 
            Virgin Islands, the Commonwealth of the Northern Mariana 
            Islands or the Republic of Palau (until the Compact of Free 
            Association with Palau takes effect) may not be less than 
            the greater of--
                    (I) $220,000; or
                    (II) the greater of the allotment received by such 
                State for fiscal year 1992, or the allotment received by 
                such State for fiscal year 1993, under this section 
                (determined without regard to subsection (d) of this 
                section); and

                (ii) to any State not described in clause (i) may not be 
            less than the greater of--
                    (I) $450,000; or
                    (II) the greater of the allotment received by such 
                State for fiscal year 1992, or the allotment received by 
                such State for fiscal year 1993, under this section 
                (determined without regard to subsection (d) of this 
                section).

        (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).

         (5) State supports, services, and other activities

        In determining, for purposes of paragraph (1)(B), the extent of 
    need in any State for services for persons with developmental 
    disabilities, the Secretary shall take into account the scope and 
    extent of the services described, pursuant to section 6022(c)(3)(A) 
    of this title, in the State plan of the State.

                     (6) Increase in allotments

        In any case in which the total amount appropriated under section 
    6030 of this title for a fiscal year exceeds the total amount 
    appropriated under such section for the preceding fiscal year by a 
    percentage greater than the most recent percentage change in the 
    Consumer Price Index published by the Secretary of Labor under 
    section 720(c)(1) of title 29, the Secretary shall increase each of 
    the minimum allotments under paragraphs (3) and (4) by an amount 
    which bears the same ratio to the amount of such minimum allotment 
    (including any increases in such minimum allotment under this 
    paragraph for prior fiscal years) as the amount which is equal to 
    the difference between--
            (A) the total amount appropriated under section 6030 of this 
        title for the fiscal year for which the increase in minimum 
        allotment is being made, minus
            (B) the total amount appropriated under section 6030 of this 
        title for the immediately preceding fiscal year,

    bears to the total amount appropriated under section 6030 of this 
    title 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 subchapter, State Interagency Agreements 
are considered valid obligations for the purpose of obligating Federal 
funds allotted to the State under this subchapter.

(d) Cooperative efforts between States

    Whenever the State plan approved in accordance with section 6022 of 
this title provides for cooperative or joint effort between States or 
between or among agencies, public or private, in more than one State, 
portions of funds allotted to one or more such cooperating States may be 
combined in accordance with the agreements between the agencies 
involved.

(e) Reallotments

    The amount of an allotment to a State for a fiscal year which the 
Secretary determines will not be required by the State during the period 
for which it is available for the purpose for which allotted shall be 
available for reallotment by the Secretary from time to time, on such 
date or dates as the Secretary may fix (but not earlier than thirty days 
after the Secretary has published notice of the intention of the 
Secretary to make such reallotment in the Federal Register), to other 
States with respect to which such a determination has not been made, in 
proportion to the original allotments of such States for such fiscal 
year, but with such proportionate amount for any of such other States 
being reduced to the extent it exceeds the sum the Secretary estimates 
such State needs and will be able to use during such period; and the 
total of such reductions shall be similarly reallotted among the States 
whose proportionate amounts were not so reduced. Any amount so 
reallotted to a State for a fiscal year shall be deemed to be a part of 
its allotment under subsection (a) of this section for such fiscal year.

(Pub. L. 88-164, title I, Sec. 125, as added Pub. L. 98-527, Sec. 2, 
Oct. 19, 1984, 98 Stat. 2676; amended Pub. L. 100-146, title II, 
Sec. 205, Oct. 29, 1987, 101 Stat. 850; Pub. L. 101-496, Sec. 13, Oct. 
31, 1990, 104 Stat. 1197; Pub. L. 103-230, title II, Sec. 206, Apr. 6, 
1994, 108 Stat. 310.)

                       References in Text

    For Oct. 1, 1994, as the date the Compact of Free Association with 
Palau takes effect, referred to in subsec. (a)(3)(A)(i), (4)(A)(i), see 
Proc. No. 6726, Sept. 27, 1994, 59 F.R. 49777, set out as a note under 
section 1931 of Title 48, Territories and Insular Possessions.


                            Prior Provisions

    A prior section 125 of Pub. L. 88-164, title I, as added Pub. L. 94-
103, title I, Sec. 105, Oct. 4, 1975, 89 Stat. 488, authorized 
construction, renovation, or modernization of buildings to be used by 
university affiliated facilities and was classified to section 6041 of 
this title, prior to general amendment of subchapter II by Pub. L. 95-
602, title V, Sec. 509, Nov. 6, 1978, 92 Stat. 3008.


                               Amendments

    1994--Pub. L. 103-230, Sec. 206(a), reenacted section catchline 
without change.
    Subsec. (a). Pub. L. 103-230, Sec. 206(b)(1)(B), inserted heading.
    Subsec. (a)(1). Pub. L. 103-230, Sec. 206(b)(1)(A), (B), inserted 
heading and realigned margins of subpars. (A) to (C) and closing 
provisions.
    Subsec. (a)(2). Pub. L. 103-230, Sec. 206(b)(1)(C), inserted heading 
and in text substituted ``shall be'' for ``may be'' and ``and the 
percentage of the total appropriation for each State not less'' for 
``not less''.
    Subsec. (a)(3). Pub. L. 103-230, Sec. 206(b)(1)(D), inserted 
headings for par. (3) and subpars. (A) and (B) and amended subpar. (A) 
generally. Prior to amendment, subpar. (A) read as follows: ``Except as 
provided in paragraph (4), for any fiscal year the allotment under 
paragraph (1)--
        ``(i) to each of American Samoa, Guam, the Virgin Islands, the 
    Commonwealth of the Northern Mariana Islands, the Republic of the 
    Marshall Islands, the Federated States of Micronesia, or the 
    Republic of Palau may not be less than $200,000; and
        ``(ii) to any other State may not be less than the greater of 
    $350,000 or the amount of the allotment (determined without regard 
    to subsection (d) of this section) received by the State for the 
    fiscal year ending September 30, 1990.''
    Subsec. (a)(4). Pub. L. 103-230, Sec. 206(b)(1)(E), amended par. (4) 
generally. Prior to amendment, par. (4) read as follows: ``In any case 
in which amounts appropriated under section 6030 of this title for a 
fiscal year exceeds $65,000,000, the allotment under paragraph (1) for 
such fiscal year--
        ``(A) to each of American Samoa, Guam, the Virgin Islands, the 
    Commonwealth of the Northern Mariana Islands, the Republic of the 
    Marshall Islands, the Federated States of Micronesia, or the 
    Republic of Palau may not be less than $210,000; and
        ``(B) to each of the several States, Puerto Rico or the District 
    of Columbia may not be less than $400,000.''
    Subsec. (a)(5). Pub. L. 103-230, Sec. 206(b)(1)(F), inserted heading 
and substituted ``6022(c)(3)(A) of this title'' for ``6022(b)(2)(C) of 
this title'' in text.
    Subsec. (a)(6). Pub. L. 103-230, Sec. 206(b)(1)(G), inserted 
heading.
    Subsec. (b). Pub. L. 103-230, Sec. 206(b)(2), inserted heading.
    Subsec. (c). Pub. L. 103-230, Sec. 206(b)(3), (4), added subsec. (c) 
and redesignated former subsec. (c) as (d).
    Subsec. (d). Pub. L. 103-230, Sec. 206(b)(3), (5), redesignated 
subsec. (c) as (d) and inserted heading. Former subsec. (d) redesignated 
(e).
    Subsec. (e). Pub. L. 103-230, Sec. 206(b)(3), (6), redesignated 
subsec. (d) as (e) and inserted heading.
    1990--Subsec. (a)(3). Pub. L. 101-496 amended par. (3) generally. 
Prior to amendment, par. (3) read as follows:
    ``(A) Except as provided in paragraph (4), for any fiscal year the 
allotment under paragraph (1)--
        ``(i) to each of American Samoa, Guam, the Virgin Islands, the 
    Commonwealth of the Northern Mariana Islands, or the Trust Territory 
    of the Pacific Islands may not be less than $160,000, and
        ``(ii) to any other State may not be less than the greater of 
    $300,000, or the amount of the allotment (determined without regard 
    to subsection (d) of this section) received by the State for the 
    fiscal year ending September 30, 1984.
    ``(B) Notwithstanding subparagraph (A), if the aggregate of the 
amounts to be allotted to each State pursuant to subparagraph (A) in any 
fiscal year exceeds the total amount appropriated under section 6030 of 
this title for such fiscal year, the amount to be allotted to a State 
for such fiscal year shall be an amount which bears the same ratio to 
the amount which is to be allotted to the State pursuant to such 
subparagraph as the total amount appropriated under section 6030 of this 
title for such fiscal year bears to the total of the amount required to 
be appropriated under such section for allotments to provide each State 
with the allotment required by such subparagraph.''
    Subsec. (a)(4). Pub. L. 101-496 amended par. (4) generally. Prior to 
amendment, par. (4) read as follows: ``In any case in which amounts 
appropriated under section 6030 of this title for a fiscal year exceed 
$60,000,000, the allotment under paragraph (1) for such fiscal year--
        ``(A) to each of American Samoa, Guam, the Virgin Islands, the 
    Commonwealth of the Northern Mariana Islands, or the Trust Territory 
    of the Pacific Islands may not be less than $200,000; and
        ``(B) to each of the several States, Puerto Rico, or the 
    District of Columbia, may not be less than $350,000.''
    Subsec. (a)(5). Pub. L. 101-496 reenacted par. (5) without change.
    Subsec. (a)(6). Pub. L. 101-496 amended par. (6) generally. Prior to 
amendment, par. (6) read as follows: ``In any case in which the total 
amount appropriated under section 6030 of this title for a fiscal year 
exceeds the total amount appropriated under such section for the 
preceding fiscal year by a percentage greater than the most recent 
percentage change in the Consumer Price Index published by the Secretary 
of Labor under section 720(c)(1) of title 29, the Secretary may increase 
each of the minimum allotments under paragraphs (3) and (4) by an amount 
which bears the same ratio to the amount of such minimum allotment 
(including any increases in such minimum allotment under this paragraph 
for prior fiscal years) as the amount which is equal to the difference 
between--
        ``(A) the total amount appropriated under section 6030 of this 
    title for the fiscal year for which the increase in minimum 
    allotment is being made, minus
        ``(B) the total amount appropriated under section 6030 of this 
    title for the immediately preceding fiscal year,
bears to the total amount appropriated under section 6030 of this title 
for such preceding fiscal year.''
    1987--Subsec. (a)(3)(A)(i). Pub. L. 100-146, Sec. 205(a)(1), 
substituted ``$160,000'' for ``$100,000''.
    Subsec. (a)(3)(A)(ii). Pub. L. 100-146, Sec. 205(a)(2), substituted 
``$300,000'' for ``$250,000''.
    Subsec. (a)(4). Pub. L. 100-146, Sec. 205(a)(3)-(5), in introductory 
provisions, substituted ``$60,000,000'' for ``$47,000,000'', in subpar. 
(A), substituted ``$200,000'' for ``$160,000'', and in subpar. (B), 
substituted ``$350,000'' for ``$300,000''.
    Subsec. (a)(6). Pub. L. 100-146, Sec. 205(a)(6), added par. (6).
    Subsec. (b). Pub. L. 100-146, Sec. 205(b), amended subsec. (b) 
generally. Prior to amendment, subsec. (b) read as follows: ``Whenever 
the State plan approved in accordance with section 6022 of this title 
provides for participation of more than one State agency in 
administering or supervising the administration of designated portions 
of the State plan, the State may apportion its allotment among such 
agencies in a manner which, to the satisfaction of the Secretary, is 
reasonably related to the responsibilities assigned to such agencies in 
carrying out the purposes of the State plan. Funds so apportioned to 
State agencies may be combined with other State or Federal funds 
authorized to be spent for other purposes, provided the purposes of the 
State plan will receive proportionate benefit from the combination.''


                    Effective Date of 1987 Amendment

    Amendment by Pub. L. 100-146 effective Oct. 1, 1987, see section 601 
of Pub. L. 100-146, set out as a note under section 6000 of this title.


     Review and Analysis of Allotment Formula; Alternatives; Report

    Section 213 of Pub. L. 103-230 provided that:
    ``(a) Review and Analysis.--The Secretary of Health and Human 
Services shall review and analyze the allotment formula in effect under 
parts B and C of title I of the Developmental Disabilities Assistance 
and Bill of Rights Act [42 U.S.C. 6021 et seq., 6041 et seq.] prior to 
the date of enactment of this Act, [Apr. 6, 1994], including the factors 
described in such parts, and the data elements and measures used by the 
Secretary, to determine whether such formula is consistent with the 
purpose of the Act [42 U.S.C. 6000 et seq.].
    ``(b) Alternative Formulas.--The Secretary of Health and Human 
Services shall identify alternative formulas for allocating funds, 
consistent with the purpose of this Act [see Short Title of 1994 
Amendment note set out under section 6000 of this title].
    ``(c) Report.--Not later than October 1, 1995, the Secretary of 
Health and Human Services shall submit a report on the review conducted 
under subsection (a) and a copy of the alternative formulas identified 
under subsection (b) to the Committee on Labor and Human Resources of 
the Senate and to the Committee on Energy and Commerce [now Committee on 
Commerce] of the House of Representatives.''

                  Section Referred to in Other Sections

    This section is referred to in sections 6022, 6025a, 6026, 6027, 
6030, 6042 of this title.
