42 U.S.C. § 8626 | Payments to States; fiscal year requirements respecting availability, etc.

(a)

(1)

section 8623 of this title section 6503(a) of title 31 From its allotment under , the Secretary shall make payments to each State in accordance with , for use under this subchapter.

(2)

Each State shall notify the Secretary, not later than 2 months prior to the close of a fiscal year, of the amount (if any) of its allotment for such year that will not be obligated in such year, and, if such State elects to submit a request described in subsection (b)(2), such State shall submit such request at the same time. The Secretary shall make no payment under paragraph (1) to a State for a fiscal year unless the State has complied with this paragraph with respect to the prior fiscal year.

(b)

(1)

If—

(A)

section 8623 of this title the Secretary determines that, as of September 1 of any fiscal year, an amount allotted to a State under for any fiscal year will not be used by such State during such fiscal year;

(B)

the Secretary—

(i)

notifies the chief executive officer of such State; and

(ii)

publishes a timely notice in the Federal Register;

that, after the 30-day period beginning on the date of the notice to such chief executive officer, such amount may be reallotted; and

(C)

the State does not request, under paragraph (2), that such amount be held available for such State for the following fiscal year;

section 8623 of this titlethen such amount shall be treated by the Secretary for purposes of this subchapter as an amount appropriated for the following fiscal year to be allotted under for such following fiscal year.

(2)

(A)

Any State may request that an amount allotted to such State for a fiscal year be held available for such State for the following fiscal year. Such request shall include a statement of the reasons that the amount allotted to such State for a fiscal year will not be used by such State during such fiscal year and a description of the types of assistance to be provided with the amount held available for the following fiscal year. Any amount so held available for the following fiscal year shall not be taken into account in computing the allotment of or the amount payable to such State for such fiscal year under this subchapter.

(B)

No amount may be held available under this paragraph for a State from a prior fiscal year to the extent such amount exceeds 10 percent of the amount payable to such State for such prior fiscal year. For purposes of the preceding sentence, the amount payable to a State for a fiscal year shall be determined without regard to any amount held available under this paragraph for such State for such fiscal year from the prior fiscal year.

(C)

The Secretary shall reallot amounts made available under this paragraph for the fiscal year following the fiscal year of the original allotment in accordance with paragraph (1) of this subsection.

(3)

During the 30-day period described in paragraph (1)(B), comments may be submitted to the Secretary. After considering such comments, the Secretary shall notify the chief executive officer of the State of any decision to reallot funds, and shall publish such decision in the Federal Register.

Pub. L. 97–35, title XXVI, § 2607Aug. 13, 198195 Stat. 900 Pub. L. 98–558, title VI, § 606Oct. 30, 198498 Stat. 2892 Pub. L. 101–501, title VII, § 706Nov. 3, 1990104 Stat. 1260 Pub. L. 103–252, title III, § 310May 18, 1994108 Stat. 661 Pub. L. 105–285, title III, § 307Oct. 27, 1998112 Stat. 2758(, , ; , , ; , , ; , , ; , , .)

Editorial Notes

Codification

section 6503(a) of title 31 42 U.S.C. 4213 Pub. L. 97–258, § 4(b)Sept. 13, 198296 Stat. 1067In subsec. (a)(1), “” substituted for “section 203 of the Intergovernmental Cooperation Act of 1968 []” on authority of , , , the first section of which enacted Title 31, Money and Finance.

Amendments

Pub. L. 105–285 section 8623(f) of this title1998—Subsec. (b)(2)(B). struck out “and not transferred pursuant to ” after “such prior fiscal year” in first sentence and “but not transferred by the State” after “the amount payable to a State” in second sentence.

Pub. L. 103–2521994—Subsec. (a). designated existing provisions as par. (1) and added par. (2).

Pub. L. 101–5011990—Subsec. (b)(2)(B). substituted “10 percent” for “15 percent”.

Pub. L. 98–558, § 606(a)1984—Subsec. (b)(2)(A). , inserted “Such request shall include a statement of the reasons that the amount allotted to such State for a fiscal year will not be used by such State during such fiscal year and a description of the types of assistance to be provided with the amount held available for the following fiscal year.” and “or the amount payable to” after “computing the allotment of”.

Pub. L. 98–558, § 606(b)section 8623(f) of this titleSubsec. (b)(2)(B). , substituted “15 percent” for “25 percent”, “payable to such State for such prior fiscal year and not transferred pursuant to ” for “allotted to such State for such prior fiscal year”, and “payable to a State but not transferred by the State” for “allotted to a State” in second sentence.

Pub. L. 98–558, § 606(c)Subsec. (b)(2)(C). , added subpar. (C).

Statutory Notes and Related Subsidiaries

Effective Date of 1994 Amendment

Pub. L. 103–252Oct. 1, 1994section 314 of Pub. L. 103–252 section 8621 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1990 Amendment

Pub. L. 101–501Oct. 1, 1990section 1001(a) of Pub. L. 101–501 section 8621 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1984 Amendment

Pub. L. 98–558Sept. 30, 1985section 609(c) of Pub. L. 98–558 section 8621 of this titleAmendment by applicable to amounts held available for fiscal years beginning after , see , set out as a note under .