42 U.S.C. § 8626 : US Code - Section 8626: Payments to States; fiscal year requirements respecting availability, etc.

Search 42 U.S.C. § 8626 : US Code - Section 8626: Payments to States; fiscal year requirements respecting availability, etc.

(a)(1) From its allotment under section 8623 of this title, the
Secretary shall make payments to each State in accordance with
section 6503(a) of title 31, 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) of this section, 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) the Secretary determines that, as of September 1 of any
fiscal year, an amount allotted to a State under section 8623 of
this title 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;
then 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 section 8623 of this title 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.