---
kind: "section"
citation: "42 U.S.C. § 15022"
title: "42"
title_heading: "The Public Health and Welfare"
number: "15022"
heading: "State allotments"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/15022"
units:
  - "Chapter 144 — Developmental Disabilities Assistance and Bill of Rights"
  - "Subchapter I — Programs for Individuals with Developmental Disabilities"
  - "Part B — Federal Assistance to State Councils on Developmental Disabilities"
---

# §15022. State allotments

- (a) **Allotments—**
  - (1) **In general—**
    - (A) **Authority—** For each fiscal year, the [Secretary](/usc/42/15092.md?p=a-4) shall, in accordance with regulations and this paragraph, allot the sums appropriated for such year under [section 15029 of this title](/usc/42/15029.md) among the [States](/usc/42/15092.md?p=a-5) on the basis of—
      - (i) the population;
      - (ii) the extent of need for services for individuals with developmental disabilities; and
      - (iii) the financial need,

      of the respective [States](/usc/42/15092.md?p=a-5).

    - (B) **Use of funds—** Sums allotted to the [States](/usc/42/15092.md?p=a-5) under this section shall be used to pay for the Federal share of the cost of carrying out [projects](/usc/42/13641.md?p=2) in accordance with [State](/usc/42/15092.md?p=a-5) plans approved under [section 15024 of this title](/usc/42/15024.md) for the provision under such plans of services for individuals with developmental disabilities.
  - (2) **Adjustments—** The [Secretary](/usc/42/15092.md?p=a-4) may make adjustments in the amounts of [State](/usc/42/15092.md?p=a-5) allotments based on clauses [(i)](#a-1-A-i), [(ii)](#a-1-A-ii), and [(iii)](#a-1-A-iii) of paragraph (1)(A) not more often than annually. The [Secretary](/usc/42/15092.md?p=a-4) shall notify each [State](/usc/42/15092.md?p=a-5) of any adjustment made under this paragraph and the percentage of the total sums appropriated under [section 15029 of this title](/usc/42/15029.md) that the adjusted allotment represents not later than 6 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 $70,000,000—**
    - (A) **In general—** Except as provided in [paragraph (4)](#a-4), for any fiscal year the allotment under this section—
      - (i) to each of American Samoa, Guam, the United States Virgin Islands, or the Commonwealth of the Northern Mariana Islands may not be less than $210,000; and
      - (ii) to any [State](/usc/42/15092.md?p=a-5) not described in [clause (i)](#a-3-A-i) may not be less than $400,000, the amount received by the [State](/usc/42/15092.md?p=a-5) for the previous year, or the amount of Federal appropriations received in fiscal year 2000, 2001, or 2002, whichever is greater.
    - (B) **Reduction of allotment—** Notwithstanding [subparagraph (A)](#a-3-A), if the aggregate of the amounts to be allotted to the [States](/usc/42/15092.md?p=a-5) pursuant to [subparagraph (A)](#a-3-A) for any fiscal year exceeds the total amount appropriated under [section 15029 of this title](/usc/42/15029.md) for such fiscal year, the amount to be allotted to each [State](/usc/42/15092.md?p=a-5) for such fiscal year shall be proportionately reduced.
  - (4) **Minimum allotment for appropriations in excess of $70,000,000—**
    - (A) **In general—** In any case in which the total amount appropriated under [section 15029 of this title](/usc/42/15029.md) for a fiscal year is more than $70,000,000, the allotment under this section for such fiscal year—
      - (i) to each of American Samoa, Guam, the United States Virgin Islands, or the Commonwealth of the Northern Mariana Islands may not be less than $220,000; and
      - (ii) to any [State](/usc/42/15092.md?p=a-5) not described in [clause (i)](#a-4-A-i) may not be less than $450,000, the amount received by the [State](/usc/42/15092.md?p=a-5) for the previous year, or the amount of Federal appropriations received in fiscal year 2000, 2001, or 2002, whichever is greater.
    - (B) **Reduction of allotment—** The requirements of [paragraph (3)(B)](#a-3-B) shall apply with respect to amounts to be allotted to [States](/usc/42/15092.md?p=a-5) under [subparagraph (A)](#a-4-A), in the same manner and to the same extent as such requirements apply with respect to amounts to be allotted to [States](/usc/42/15092.md?p=a-5) under [paragraph (3)(A)](#a-3-A).
  - (5) **State supports, services, and other activities—** In determining, for purposes of [paragraph (1)(A)(ii)](#a-1-A-ii), the extent of need in any [State](/usc/42/15092.md?p=a-5) for services for individuals with developmental disabilities, the [Secretary](/usc/42/15092.md?p=a-4) shall take into account the scope and extent of the services, supports, and assistance described, pursuant to [section 15024(c)(3)(A) of this title](/usc/42/15024.md?p=c-3-A), in the [State](/usc/42/15092.md?p=a-5) plan of the [State](/usc/42/15092.md?p=a-5).
  - (6) **Increase in allotments—** In any year in which the total amount appropriated under [section 15029 of this title](/usc/42/15029.md) for a fiscal year exceeds the total amount appropriated under such section (or a corresponding provision) for the preceding fiscal year by a percentage greater than the most recent percentage change in the Consumer Price Index published by the [Secretary](/usc/42/15092.md?p=a-4) of Labor under [section 720(c)(1) of title 29](/usc/29/720.md?p=c-1) (if the percentage change indicates an increase), the [Secretary](/usc/42/15092.md?p=a-4) shall increase each of the minimum allotments described in paragraphs [(3)](#a-3) and [(4)](#a-4). The [Secretary](/usc/42/15092.md?p=a-4) shall increase each minimum allotment by an amount that bears the same ratio to the amount of such minimum allotment (including any increases in such minimum allotment under this paragraph (or a corresponding provision) for prior fiscal years) as the amount that is equal to the difference between—
    - (A) the total amount appropriated under [section 15029 of this title](/usc/42/15029.md) for the fiscal year for which the increase in the minimum allotment is being made; minus
    - (B) the total amount appropriated under [section 15029 of this title](/usc/42/15029.md) (or a corresponding provision) for the immediately preceding fiscal year,

    bears to the total amount appropriated under [section 15029 of this title](/usc/42/15029.md) (or a corresponding provision) for such preceding fiscal year.

- (b) **Unobligated funds—** Any amount paid to a [State](/usc/42/15092.md?p=a-5) for a fiscal year and remaining unobligated at the end of such year shall remain available to such [State](/usc/42/15092.md?p=a-5) for the next fiscal year for the purposes for which such amount was paid.
- (c) **Obligation of funds—** For the purposes of this part, [State](/usc/42/15092.md?p=a-5) Interagency Agreements are considered valid obligations for the purpose of obligating Federal funds allotted to the [State](/usc/42/15092.md?p=a-5) under this part.
- (d) **Cooperative efforts between States—** If a [State](/usc/42/15092.md?p=a-5) plan approved in accordance with [section 15024 of this title](/usc/42/15024.md) provides for cooperative or joint effort between or among [States](/usc/42/15092.md?p=a-5) or [agencies](/usc/42/8262.md?p=1), public or private, in more than 1 [State](/usc/42/15092.md?p=a-5), portions of funds allotted to 1 or more [States](/usc/42/15092.md?p=a-5) described in this subsection may be combined in accordance with the agreements between the [States](/usc/42/15092.md?p=a-5) or [agencies](/usc/42/8262.md?p=1) involved.
- (e) **Reallotments—**
  - (1) **In general—** If the [Secretary](/usc/42/15092.md?p=a-4) determines that an amount of an allotment to a [State](/usc/42/15092.md?p=a-5) for a period (of a fiscal year or longer) will not be required by the [State](/usc/42/15092.md?p=a-5) during the period for the purpose for which the allotment was made, the [Secretary](/usc/42/15092.md?p=a-4) may reallot the amount.
  - (2) **Timing—** The [Secretary](/usc/42/15092.md?p=a-4) may make such a reallotment from time to time, on such date as the [Secretary](/usc/42/15092.md?p=a-4) may fix, but not earlier than 30 days after the [Secretary](/usc/42/15092.md?p=a-4) has published notice of the intention of the [Secretary](/usc/42/15092.md?p=a-4) to make the reallotment in the Federal Register.
  - (3) **Amounts—** The [Secretary](/usc/42/15092.md?p=a-4) shall reallot the amount to other [States](/usc/42/15092.md?p=a-5) with respect to which the [Secretary](/usc/42/15092.md?p=a-4) has not made that determination. The [Secretary](/usc/42/15092.md?p=a-4) shall reallot the amount in proportion to the original allotments of the other [States](/usc/42/15092.md?p=a-5) for such fiscal year, but shall reduce such proportionate amount for any of the other [States](/usc/42/15092.md?p=a-5) to the extent the proportionate amount exceeds the sum that the [Secretary](/usc/42/15092.md?p=a-4) estimates the [State](/usc/42/15092.md?p=a-5) needs and will be able to use during such period.
  - (4) **Reallotment of reductions—** The [Secretary](/usc/42/15092.md?p=a-4) shall similarly reallot the total of the reductions among the [States](/usc/42/15092.md?p=a-5) whose proportionate amounts were not so reduced.
  - (5) **Treatment—** Any amount reallotted to a [State](/usc/42/15092.md?p=a-5) under this subsection for a fiscal year shall be deemed to be a part of the allotment of the [State](/usc/42/15092.md?p=a-5) under [subsection (a)](#a) for such fiscal year.

## Source credit

(Pub. L. 106–402, title I, § 122, Oct. 30, 2000, 114 Stat. 1693; Pub. L. 108–154, § 3(a), Dec. 3, 2003, 117 Stat. 1934.)

## Notes

### Editorial Notes

### Amendments

2003—Subsec. (a)(3)(A)(ii), (4)(A)(ii). Pub. L. 108–154 inserted before period at end “, the amount received by the State for the previous year, or the amount of Federal appropriations received in fiscal year 2000, 2001, or 2002, whichever is greater”.

### Statutory Notes and Related Subsidiaries

### Effective Date of 2003 Amendment

Pub. L. 108–154, § 3(b), Dec. 3, 2003, 117 Stat. 1934, provided that: “The amendments made by subsection (a) [amending this section] shall take effect on October 1, 2003 and apply to allotments beginning in fiscal year 2004.”