Time; basis; amounts
Reallocation of unobligated funds
If any amount so allocated remains unobligated at the end of the fiscal year, such funds shall be reallocated in a manner equitable and consistent with the purpose of this part. Any amount so reallocated shall be in addition to the amounts already allocated and available to the State, the Virgin Islands, American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands for the same period.
Use of allocated funds for development, etc., of State plans; limitations; matching requirements
In accordance with regulations promulgated under this part, a portion of any allocation to any State under this part shall be available to develop a State plan or for other pre-award activities associated with such State plan, and to pay that portion of the expenditures which are necessary for effective and efficient administration of funds, including the designation of not less than one individual who shall coordinate efforts to achieve and sustain compliance with the core requirements and certify whether the State is in compliance with such requirements. Not more than 10 percent of the total annual allocation of such State shall be available for such purposes except that any amount expended or obligated by such State, or by units of local government or any combination thereof, from amounts made available under this subsection shall be matched (in an amount equal to any such amount so expended or obligated) by such State, or by such units or combinations, from State or local funds, as the case may be. The State shall make available needed funds for planning and administration to units of local government or combinations thereof within the State on an equitable basis.
Minimum annual allocation for assistance of advisory group
section 11133(a)(3) of this titleIn accordance with regulations promulgated under this part, not more than 5 percent of the annual allocation to any State under this part shall be available to assist the advisory group established under .
Pub. L. 93–415, title II, § 22288 Stat. 1118Pub. L. 95–115, § 4(b)(1)91 Stat. 1051Pub. L. 96–509, § 1094 Stat. 2755Pub. L. 98–473, title II, § 625(b)98 Stat. 2111Pub. L. 100–690, title VII, § 7257102 Stat. 4438Pub. L. 102–586, § 2(f)(2)106 Stat. 4987Pub. L. 105–277, div. A, § 101(b) [title I, § 129(a)(2)(B)]112 Stat. 2681–50Pub. L. 107–273, div. C, title II, § 12208116 Stat. 1873Pub. L. 115–385, title II, § 204(b)132 Stat. 5130(, , ; , (2)(A)–(C), (3), (4), , ; , , ; , , ; , , ; , , ; , , , 2681–75; , , ; , , .)
Editorial Notes
Codification
section 5632 of Title 42Section was formerly classified to , The Public Health and Welfare, prior to editorial reclassification and renumbering as this section. Some section numbers or references in amendment notes below reflect the classification of such sections or references prior to editorial reclassification.
Amendments
Pub. L. 115–385, § 204(b)(1)(A)2018—Subsec. (a)(1). , substituted “18 years of age, based on the most recent data available from the Bureau of the Census” for “age eighteen”.
Pub. L. 115–385, § 204(b)(1)(B)Subsec. (a)(2), (3). , added par. (2) and struck out former pars. (2) and (3) which set out allocated amounts to States depending on whether aggregate appropriations were less than, equal to, or more than $75,000,000 and stipulated a condition if the amount allocated would be less than the amount allocated to the State for fiscal year 2000.
Pub. L. 115–385, § 204(b)(2)Subsec. (c). , substituted “effective and efficient administration of funds, including the designation of not less than one individual who shall coordinate efforts to achieve and sustain compliance with the core requirements and certify whether the State is in compliance with such requirements” for “efficient administration, including monitoring, evaluation, and one full-time staff position”.
Pub. L. 115–385, § 204(b)(3)Subsec. (d). , substituted “not more than 5 percent of the” for “5 per centum of the minimum”.
Pub. L. 107–273, § 12208(1)(A)(i)2002—Subsec. (a)(2)(A). , struck out “(other than parts D and E)” after “carry out this subchapter”, substituted “amount up to $400,000” for “amount, up to $400,000,”, “fiscal year 2000, except” for “fiscal year 1992 except”, “amount up to $100,000” for “amount, up to $100,000,”, and “fiscal year 2000, each” for “fiscal year 1992, each”, and struck out “the Trust Territory of the Pacific Islands,” after “American Samoa,”.
Pub. L. 107–273, § 12208(1)(A)(ii)Subsec. (a)(2)(B). , struck out “(other than part D)” after “carry out this subchapter”, substituted “less than $600,000” for “less than $400,000”, “amount up to $100,000” for “amount, up to $100,000,”, and “fiscal year 2000,” for “fiscal year 1992”, and struck out “or such greater amount, up to $600,000, as is available to be allocated if appropriations have been enacted and made available to carry out parts D and E of this subchapter in the full amounts authorized by section 5671(a)(1) and (3) of this title” before “except that” and “the Trust Territory of the Pacific Islands,” after “American Samoa,”.
Pub. L. 107–273, § 12208(1)(B)Subsec. (a)(3). , substituted “fiscal year 2000” for “fiscal year 1992” in two places and “allocate” for “allot”.
Pub. L. 107–273, § 12208(2)Subsec. (b). , struck out “the Trust Territory of the Pacific Islands,” after “Guam,”.
Pub. L. 105–2771998—Subsec. (c). substituted “units of local government” for “units of general local government” in two places.
Pub. L. 102–586, § 2(f)(2)(A)1992—Subsec. (a)(2)(A). , (B)(i), substituted “parts D and E” for “part D”, substituted “allocated” for “allotted” in two places, and inserted “or such greater amount, up to $400,000, as is available to be allocated without reducing the amount of any State or territory’s allocation below the amount allocated for fiscal year 1992” and “, or such greater amount, up to $100,000, as is available to be allocated without reducing the amount of any State or territory’s allocation below the amount allocated for fiscal year 1992,”.
Pub. L. 102–586, § 2(f)(2)(A)Subsec. (a)(2)(B). , (B)(ii), substituted “allocated” for “allotted” in two places and inserted “or such greater amount, up to $600,000, as is available to be allocated if appropriations have been enacted and made available to carry out parts D and E of this subchapter in the full amounts authorized by section 5671(a)(1) and (3) of this title” and “, or such greater amount, up to $100,000, as is available to be allocated without reducing the amount of any State or territory’s allocation below the amount allocated for fiscal year 1992”.
Pub. L. 102–586, § 2(f)(2)(A)Subsec. (a)(3). , (B)(iii), substituted “allocated” for “allotted” wherever appearing and “1992” for “1988” in two places.
Pub. L. 102–586, § 2(f)(2)(A)Subsec. (b). , substituted “allocated” for “allotted” in two places.
Pub. L. 102–586, § 2(f)(2)(A)Subsec. (c). , (C), substituted “allocation” for “allotment” in two places, “, evaluation, and one full-time staff position” for “and evaluation”, and “10 percent” for “7½ per centum”.
Pub. L. 102–586, § 2(f)(2)(A)Subsec. (d). , substituted “allocation” for “allotment”.
Pub. L. 100–690, § 7257(a)(1)1988—Subsec. (a)(1). , (2), designated existing provisions as par. (1), substituted “Subject to paragraph (2) and in” for “In”, and struck out at end “No such allotment to any State shall be less than $225,000, except that for the Virgin Islands, Guam, American Samoa, the Trust Territory of the Pacific Islands, and the Commonwealth of the Northern Mariana Islands no allotment shall be less than $56,250.”
Pub. L. 100–690, § 7257(a)(3)Subsec. (a)(2), (3). , added pars. (2) and (3).
Pub. L. 100–690, § 7257(b)Subsec. (b). , substituted “If” for “Except for funds appropriated for fiscal year 1975, if” and struck out after first sentence “Funds appropriated for fiscal year 1975 may be obligated in accordance with subsection (a) until , after which time they may be reallocated.”
Pub. L. 98–4731984—Subsec. (b). substituted “the Trust Territory” for “and the Trust Territory” and inserted “, and the Commonwealth of the Northern Mariana Islands” after “Pacific Islands”.
Pub. L. 96–5091980—Subsec. (a). inserted reference to the Commonwealth of the Northern Mariana Islands.
Pub. L. 95–115, § 4(b)(1)1977—Subsec. (a). , substituted “$225,000” for “$200,000” and “$56,250” for “$50,000”.
Pub. L. 95–115, § 4(b)(2)(A)Subsec. (c). , (B), (3), inserted provisions relating to pre-award activities, monitoring and evaluation payments, and matching requirements for expended or obligated amounts, and substituted “7½” for “15” and “units of general local government or combinations thereof” for “local governments”.
Pub. L. 95–115, § 4(b)(2)(C)Subsec. (d). , (4)(B), redesignated subsec. (e) as (d). Former subsec. (d), relating to limitations on financial assistance under this section, was struck out.
Pub. L. 95–115, § 4(b)(4)(A)Subsec. (e). , (B), added subsec. (e) and redesignated former subsec. (e) as (d).
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Pub. L. 115–385section 3 of Pub. L. 115–385section 11102 of this titleAmendment by not applicable with respect to funds appropriated for any fiscal year that begins before , see , set out as a note under .
Effective Date of 2002 Amendment
Pub. L. 107–273section 12223 of Pub. L. 107–273section 11101 of this titleAmendment by effective on the first day of the first fiscal year that begins after , and applicable only with respect to fiscal years beginning on or after the first day of the first fiscal year that begins after , see , set out as a note under .
Effective Date of 1988 Amendment
Pub. L. 100–690section 7296(a) of Pub. L. 100–690section 11101 of this titleAmendment by effective , see , set out as a note under .
Effective Date of 1984 Amendment
Pub. L. 98–473section 670(a) of Pub. L. 98–473section 11101 of this titleAmendment by effective , see , set out as a note under .
Effective Date of 1977 Amendment
Pub. L. 95–115section 263(c) of Pub. L. 93–415Pub. L. 95–115Pub. L. 100–690, title VII, § 7266(2)102 Stat. 4449section 11101 of this titleAmendment by section 4(b)(1), (3) of effective , see , as added by and repealed by , , , formerly set out as a note under .
Pub. L. 95–115, § 4(b)(2)(D)91 Stat. 1051
Pub. L. 95–115, § 4(b)(4)(B)91 Stat. 1051, , , provided that the amendment made by such section 4(b)(4)(B) is effective .