US Code

Public Law 119-83 (04/13/2026)

42 U.S.C. § 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)
section 12315 of this title not more than 10 percent shall be available to carry out ; 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)
section 12335 of this title a State has failed to qualify under the State plan required under ;
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)

Pub. L. 103–252, title IV, § 402(b)(2)108 Stat. 673 Repealed. , ,

(e)

Limitation

1

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

(f)

Grants for Indians

1The 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 5304(b) and (c)  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)
section 12337 of this title the preparation, administration, and evaluation of State plans under ;
(2)
section 12338 of this title the development of comprehensive, efficient, coordinated supportive services under ; and
(3)
1 the development, expansion, and operation of local family support and resource programs under section 12339  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, § 934104 Stat. 1277 Pub. L. 103–252, title IV, § 402(b)108 Stat. 673 (, , ; , , .)

Editorial Notes

References in Text

Section 12339 of this titlePub. L. 103–252, title IV, § 401(b)(1)108 Stat. 672 , referred to in subsecs. (e) and (g)(3), was repealed by , , .

Section 5304 of title 25, referred to in subsec. (f), has been amended, and subsecs. (b) and (c) of section 5304 no longer define the terms “Indian tribe” and “tribal organization”. However, such terms are defined elsewhere in that section.

Amendments

Pub. L. 103–252, § 402(b)(1)1994—Subsec. (a)(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.”

Pub. L. 103–252, § 402(b)(2)section 12339 of this titleSubsec. (d). , struck out heading and text of subsec. (d). Text read as follows: “There are authorized to be appropriated to carry out , $30,000,000 for fiscal year 1991, and such sums as may be necessary for each of the fiscal years 1992 through 1994.”

Statutory Notes and Related Subsidiaries

Effective Date

section 1001(a) of Pub. L. 101–501section 8621 of this titleSection effective , see , set out as an Effective Date of 1990 Amendment note under .

Executive Documents

Termination of Trust Territory of the Pacific Islands

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