42 U.S.C. § 3024 | Allotment to States

(a)

In general

(1)

section 3023 of this title From the sums appropriated under subsections (a) through (d) of for each fiscal year, each State shall be allotted an amount which bears the same ratio to such sums as the population of older individuals in such State bears to the population of older individuals in all States.

(2)

section 3023 of this title In determining the amounts allotted to States from the sums appropriated under for a fiscal year, the Assistant Secretary shall first determine the amount allotted to each State under paragraph (1) and then proportionately adjust such amounts, if necessary, to meet the requirements of paragraph (3).

(3)

(A)

No State shall be allotted less than ½ of 1 percent of the sum appropriated for the fiscal year for which the determination is made.

(B)

Guam and the United States Virgin Islands shall each be allotted not less than ¼ of 1 percent of the sum appropriated for the fiscal year for which the determination is made.

(C)

¹₁₆ American Samoa and the Commonwealth of the Northern Mariana Islands shall each be allotted not less than ⁄ of 1 percent of the sum appropriated for the fiscal year for which the determination is made. For the purposes of the exception contained in subparagraph (A) only, the term “State” does not include Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands.

(D)

(i)

In this subparagraph and paragraph (5)—

(I)

the term “allot” means allot under this subsection from a sum appropriated under section 3023(a) or 3023(b)(1) of this title, as the case may be; and

(II)

the term “covered fiscal year” means any of fiscal years 2020 through 2029.

(ii)

If the sum appropriated under section 3023(a) or 3023(b)(1) of this title for a particular covered fiscal year is less than or equal to the sum appropriated under section 3023(a) or 3023(b)(1) of this title, respectively, for fiscal year 2019, amounts shall be allotted to States from the sum appropriated for the particular year in accordance with paragraphs (1) and (2), and subparagraphs (A) through (C) as applicable, but no State shall be allotted an amount that is less than—

(I)

for fiscal year 2020, 99.75 percent of the State’s allotment from the corresponding sum appropriated for fiscal year 2019;

(II)

for fiscal year 2021, 99.50 percent of that allotment;

(III)

for fiscal year 2022, 99.25 percent of that allotment;

(IV)

for fiscal year 2023, 99.00 percent of that allotment;

(V)

for fiscal year 2024, 98.75 percent of that allotment;

(VI)

for fiscal year 2025, 98.50 percent of that allotment;

(VII)

for fiscal year 2026, 98.25 percent of that allotment;

(VIII)

for fiscal year 2027, 98.00 percent of that allotment;

(IX)

for fiscal year 2028, 97.75 percent of that allotment; and

(X)

for fiscal year 2029, 97.50 percent of that allotment.

(iii)

If the sum appropriated under section 3023(a) or 3023(b)(1) of this title for a particular covered fiscal year is greater than the sum appropriated under section 3023(a) or 3023(b)(1) of this title, respectively, for fiscal year 2019, the allotments to States from the sum appropriated for the particular year shall be calculated as follows:

(I)

From the portion equal to the corresponding sum appropriated for fiscal year 2019, amounts shall be allotted in accordance with paragraphs (1) and (2), and subparagraphs (A) through (C) as applicable, but no State shall be allotted an amount that is less than the percentage specified in clause (ii), for that particular year, of the State’s allotment from the corresponding sum appropriated for fiscal year 2019.

(II)

From the remainder, amounts shall be allotted in accordance with paragraph (1), subparagraphs (A) through (C) as applicable, and paragraph (2) to the extent needed to meet the requirements of those subparagraphs.

(4)

The number of individuals aged 60 or older in any State and in all States shall be determined by the Assistant Secretary on the basis of the most recent data available from the Bureau of the Census, and other reliable demographic data satisfactory to the Assistant Secretary.

(5)

State allotments for a fiscal year under this section shall be proportionally reduced to the extent that appropriations may be insufficient to provide the full allotments as required by paragraph (3).

(b)

Unused funds

Whenever the Assistant Secretary determines that any amount allotted to a State under part B or C, or part E, for a fiscal year under this section will not be used by such State for carrying out the purpose for which the allotment was made, the Assistant Secretary shall make such allotment available for carrying out such purpose to one or more other States to the extent the Assistant Secretary determines that such other States will be able to use such additional amount for carrying out such purpose. Any amount made available to a State from an appropriation for a fiscal year in accordance with the preceding sentence shall, for purposes of this subchapter, be regarded as part of such State’s allotment (as determined under subsection (a)) for such year, but shall remain available until the end of the succeeding fiscal year.

(c)

Withholding of funds; disbursement

section 3027 of this title section 3025(a)(2)(C) of this title section 3027 of this titleIf the Assistant Secretary finds that any State has failed to qualify under the State plan requirements of or the Assistant Secretary does not approve the funding formula required under , the Assistant Secretary shall withhold the allotment of funds to such State referred to in subsection (a). The Assistant Secretary shall disburse the funds so withheld directly to any public or private nonprofit institution or organization, agency, or political subdivision of such State submitting an approved plan under , which includes an agreement that any such payment shall be matched in the proportion determined under subsection (d)(1)(D) for such State, by funds or in-kind resources from non-Federal sources.

(d)

Costs of administration, ombudsman program, demonstration projects, supportive services, senior centers and nutrition services; payment and determination of non-Federal share

(1)

section 3028(b) of this title From any State’s allotment, after the application of , under this section for any fiscal year—

(A)

such amount as the State agency determines, but not more than 10 percent thereof, shall be available for paying such percentage as the agency determines, but not more than 75 percent, of the cost of administration of area plans;

(B)

section 3027(a)(9) of this title such amount as the State agency determines to be adequate for conducting an effective ombudsman program under shall be available for conducting such program;

(C)

section 3058e of this title not less than $150,000 and not more than 4 percent of the amount allotted to the State for carrying out part B, shall be available for conducting outreach demonstration projects under ; and

(D)

the remainder of such allotment shall be available to such State only for paying such percentage as the State agency determines, but not more than 85 percent of the cost of supportive services, senior centers, and nutrition services under this subchapter provided in the State as part of a comprehensive and coordinated system in planning and service areas for which there is an area plan approved by the State agency.

(2)

The non-Federal share shall be in cash or in kind. In determining the amount of the non-Federal share, the Assistant Secretary may attribute fair market value to services and facilities contributed from non-Federal sources.

Pub. L. 89–73, title III, § 304 Pub. L. 95–478, title I, § 103(b)Oct. 18, 197892 Stat. 1519 Pub. L. 97–115, § 4Dec. 29, 198195 Stat. 1597 Pub. L. 98–459, title III, § 304Oct. 9, 198498 Stat. 1772 Pub. L. 100–175, title INov. 29, 1987101 Stat. 933 Pub. L. 102–375, title III, § 304Sept. 30, 1992106 Stat. 1221 Pub. L. 103–171, § 3(a)(13)Dec. 2, 1993107 Stat. 1990 Pub. L. 106–501, title III, § 303Nov. 13, 2000114 Stat. 2239 Pub. L. 109–365, title III, § 304Oct. 17, 2006120 Stat. 2539 Pub. L. 114–144, § 4(b)Apr. 19, 2016130 Stat. 338 Pub. L. 116–131, title II, § 204Mar. 25, 2020134 Stat. 255 (, as added , , ; amended , , ; , , ; , §§ 123, 155(c), (d), 182(f), , , 952, 965; , title IX, § 904(a)(10), , , 1306; , , ; , title VIII, § 801(c)(2), , , 2292; , , ; , , ; , title VII, § 701(6), (7), , , 271.)

Repeal of Subsection (a)(3)(D)

Pub. L. 116–131, title II, § 204(b)Mar. 25, 2020134 Stat. 256 October 1, 2029, , , provided that, effective , subsection (a)(3)(D) of this section is repealed. See 2020 Amendment note below.

Editorial Notes

Prior Provisions

Pub. L. 89–73, title III, § 304 Pub. L. 93–29, title III, § 301May 3, 197387 Stat. 38 Pub. L. 94–135, title INov. 28, 197589 Stat. 715 Pub. L. 95–478A prior section 3024, , as added , , ; , §§ 105, 106(c), , , 716, related to designation of state and area agencies, area plan provisions, and transportation services and funds, prior to the general amendment of this subchapter by . See sections 3025 and 3026 of this title.

Pub. L. 89–73, title III, § 304July 14, 196579 Stat. 223 Pub. L. 90–42, § 3July 1, 196781 Stat. 107 Pub. L. 91–69, § 4(b)Sept. 17, 196983 Stat. 108 Pub. L. 93–29, title III, § 301May 3, 197387 Stat. 36 Another prior section 3024, , , ; , , ; , , , related to planning, coordination, and evaluation and administration of State plans, providing in: subsec. (a) authorization of appropriations, amount of payment, and availability of unexpended funds; subsec. (b) amount of allotment, determination of additional amount, adjustments, minimum amount, and availability of unexpended amount; subsec. (c) reallotment to other States; and subsec. (d) minimum State expenditure of funds, prior to repeal by , , .

Pub. L. 89–73, title III, § 303 Pub. L. 93–29, title III, § 301May 3, 197387 Stat. 37 Pub. L. 94–135, title INov. 28, 197589 Stat. 714 section 3023 of this title Pub. L. 95–478Provisions similar to those comprising this section were contained in , as added , , ; , §§ 104(a), (c), (d), 112(b), 114(d), , , 715, 719, 725, which was classified to prior to repeal by .

Pub. L. 89–73, title III, § 305 Pub. L. 91–69, § 5Sept. 17, 196983 Stat. 110 Pub. L. 93–29, title III, § 301May 3, 197387 Stat. 36 A prior section 3024a, , as added , , , related to areawide model projects, grants to or contracts with State agencies, amount, purposes of projects, and authorization of appropriations, prior to repeal by , , .

Amendments

Pub. L. 116–131, § 701(6)2020—Subsec. (a)(3)(C). , made technical correction in original Act to quotation marks around “State”.

Pub. L. 116–131, § 204(b)Subsec. (a)(3)(D). , struck out subpar. (D) which related to amounts alloted to States based on appropriations from fiscal years 2020 to 2029 relative to those from fiscal year 2019.

Pub. L. 116–131, § 204(a), amended subpar. (D) generally. Prior to amendment, subpar. (D) read as follows:

“(i) For each of fiscal years 2017 through 2019, no State shall be allotted an amount that is less than 99 percent of the amount allotted to such State for the previous fiscal year.

“(ii) For fiscal year 2020 and each subsequent fiscal year, no State shall be allotted an amount that is less than 100 percent of the amount allotted to such State for fiscal year 2019.”

Pub. L. 116–131, § 204(c)Subsec. (a)(5). , substituted “as required by paragraph (3)” for “of the prior year”.

Pub. L. 116–131, § 701(7)section 3023(a)(3) of this titleSubsec. (d)(1)(B). , struck out “(excluding any amount attributable to funds appropriated under )” after “such amount”.

Pub. L. 114–144, § 4(b)(1)2016—Subsec. (a)(3)(D). , added subpar. (D) and struck out former subpar. (D) which related to allotments and increases for fiscal years 2007 to 2010 based on fiscal year 2006.

Pub. L. 114–144, § 4(b)(2)Subsec. (b). , struck out “subpart I of” before “part E”.

Pub. L. 109–3652006—Subsec. (a)(3)(D). amended subpar. (D) generally. Prior to amendment, subpar. (D) read as follows: “No State shall be allotted less than the total amount allotted to the State for fiscal year 2000 and no State shall receive a percentage increase above the fiscal year 2000 allotment that is less than 20 percent of the percentage increase above the fiscal year 2000 allotments for all of the States.”

Pub. L. 106–501, § 303(a)2000—Subsec. (a). , added subsec. (a) and struck out former subsec. (a) which read as follows:

section 3023 of this title“(a)(1) Subject to paragraphs (2) and (3), from the sums appropriated under for each fiscal year, each State shall be allotted an amount which bears the same ratio to such sums as the population of older individuals in such State bears to the population of older individuals in all States, except that (A) no State shall be allotted less than one-half of 1 percent of the sum appropriated for the fiscal year for which the determination is made; (B) Guam, the United States Virgin Islands, and the Trust Territory of the Pacific Islands, shall each be allotted not less than one-fourth of 1 percent of the sum appropriated for the fiscal year for which the determination is made; and (C) American Samoa and the Commonwealth of the Northern Mariana Islands shall each be allotted not less than one-sixteenth of 1 percent of the sum appropriated for the fiscal year for which the determination is made. For the purposes of paragraph (3) and the exception contained in subparagraph (A) only, the term ‘State’ does not include Guam, American Samoa, the United States Virgin Islands, the Trust Territory of the Pacific Islands, and the Commonwealth of the Northern Mariana Islands.

section 3028 of this title“(2) No State shall be allotted less than the total amount allotted to the State under paragraph (1) of this subsection and for fiscal year 1987.

section 3023(g) of this title“(3) No State shall be allotted, from the amount appropriated under , less than $50,000 for any fiscal year.

“(4) The number of individuals aged 60 or older in any State and in all States shall be determined by the Assistant Secretary on the basis of the most recent data available from the Bureau of the Census, and other reliable demographic data satisfactory to the Assistant Secretary.”

Pub. L. 106–501, § 303(b)Subsec. (b). , substituted “part B or C, or subpart I of part E,” for “part B or C” in first sentence.

Pub. L. 106–501, § 801(c)(2)(A)Subsec. (d)(1)(B). , substituted “3027(a)(9)” for “3027(a)(12)”.

Pub. L. 106–501, § 801(c)(2)(B)section 3026(a)(12) of this title section 3027(a)(31) of this titleSubsec. (e). , struck out subsec. (e) which read as follows: “Grants made from allotments received under this subchapter may be used for paying for the costs of providing for an area volunteer services coordinator (as described in ) or a State volunteer services coordinator (as described in ).”

Pub. L. 103–1711993—Subsecs. (a)(4), (b), (c), (d)(2). substituted “Assistant Secretary” for “Commissioner” wherever appearing.

Pub. L. 102–375, § 904(a)(10)1992—Subsec. (a)(1). , substituted “of older individuals” for “aged 60 or older” in two places, “United States Virgin Islands” for “Virgin Islands” in two places, and “contained in subparagraph (A)” for “contained in clause (A)”.

Pub. L. 102–375, § 304(a)(1)Subsec. (a)(2). , substituted “1987” for “1984”.

Pub. L. 102–375, § 304(a)(2)section 3023(a)(3) of this titleSubsec. (a)(3). , amended par. (3) generally. Prior to amendment, par. (3) read as follows: “No State shall be allotted, from the amount appropriated pursuant to , less than $50,000 for any fiscal year.”

Pub. L. 102–375, § 304(a)(3)Subsec. (a)(4). , substituted “data available from the Bureau of the Census, and other reliable demographic data satisfactory” for “satisfactory data available”.

Pub. L. 102–375, § 304(b)section 3025(a)(2)(C) of this title section 3027 of this titleSubsec. (c). , inserted “or the Commissioner does not approve the funding formula required under ” after “requirements of ”.

Pub. L. 102–375, § 304(c)September 30, 1986section 3023(a)(3) of this title section 3027(f) of this titleSubsec. (d)(1)(C). , amended subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: “after , such amount (excluding any amount attributable to funds appropriated under ) as the State agency determines to be adequate, but not more than 1 percent, for conducting effective demonstration projects in health and nutrition education under shall be available for conducting such projects; and”.

Pub. L. 102–375, § 304(d)Subsec. (e). , added subsec. (e).

Pub. L. 100–175, § 155(c)(1)1987—Subsec. (a)(1). , substituted “paragraphs (2) and (3)” for “paragraph (2)” and “purposes of paragraph (3) and” for “purpose of”.

Pub. L. 100–175, § 155(c)(2)Subsec. (a)(3), (4). , added par. (3) and redesignated former par. (3) as (4).

Pub. L. 100–175, § 182(f)section 3028(b) of this titleSubsec. (d)(1). , inserted a comma after “”.

Pub. L. 100–175, § 123Subsec. (d)(1)(A). , substituted “10 percent” for “8.5 percent”.

Pub. L. 100–175, § 155(d)section 3023(a)(3) of this titleSubsec. (d)(1)(B), (C). , inserted “(excluding any amount attributable to funds appropriated under )” after “amount”.

Pub. L. 98–459, § 304(a)(1)section 3023 of this title1984—Subsec. (a)(1). –(5), substituted “Subject to paragraph (2), from” for “From”, substituted “under ” for “under parts B and C”, substituted “Commonwealth of the Northern Mariana Islands” for “Northern Mariana Islands” in two places, substituted “and (C)” for “(C)”, and struck out “; and (D) no State shall be allotted an amount less than the State received for fiscal year 1978”.

Pub. L. 98–459, § 304(a)(6)Subsec. (a)(2), (3). –(8), added par. (2), redesignated former par. (2) as (3), and substituted “available to the Commissioner” for “available to him”.

Pub. L. 98–459, § 304(b)Subsec. (b). , substituted “the Commissioner shall make” for “he shall make” and “to the extent the Commissioner determines” for “to the extent he determines”.

Pub. L. 98–459, § 304(c)Subsec. (c). , substituted “subsection (d)(1)(D)” for “subsection (d)(1)(B)” and “or in-kind resources” for “for in-kind resources”.

Pub. L. 98–459, § 304(d)section 3028(b) of this titleSubsec. (d)(1). , inserted “, after the application of ” in provisions before par. (1), added subpar. (C), and redesignated former subpar. (C) as (D).

Pub. L. 97–115, § 4(a)1981—Subsec. (a)(1). , substituted “under parts B and C for each fiscal year” for “under parts B and C for fiscal years 1979, 1980, and 1981”.

Pub. L. 97–115, § 4(c)(3)Subsec. (d)(1)(B). , added subpar. (B). Former subpar. (B) redesignated (C).

Pub. L. 97–115, § 4(b)Subsec. (d)(1)(C). , (c)(2), redesignated subpar. (B) as (C) and substituted “85 percent of the cost of supportive services, senior centers, and nutrition services under this subchapter” for “90 percent in fiscal years 1979 and 1980, and 85 percent in fiscal year 1981, of the cost of social services and nutrition services authorized under parts B and C”.

Statutory Notes and Related Subsidiaries

Effective Date of 2020 Amendment

Pub. L. 116–131, title II, § 204(b)Mar. 25, 2020134 Stat. 256

42 U.S.C. 3024(a)(3)(D)October 1, 2029“Section 304(a)(3)(D) () is repealed, effective .”

, , , provided that:

Effective Date of 1992 Amendment

Pub. L. 102–375 section 4(b) of Pub. L. 103–171 section 3001 of this titleAmendment by section 304 (excluding pars. (1) and (2) of subsec. (a)) of inapplicable with respect to fiscal year 1993, see , set out as a note under .

section 304 of Pub. L. 102–375 section 905(b)(2) of Pub. L. 102–375 section 3001 of this titleAmendment by inapplicable with respect to fiscal year 1992, see , set out as a note under .

Effective Date of 1987 Amendment

Pub. L. 100–175Oct. 1, 1987section 3026(a) of this title section 3027(a) of this titleNov. 29, 1987Pub. L. 100–175 section 3001 of this titleAmendment by effective , except not applicable with respect to any area plan submitted under or any State plan submitted under and approved for any fiscal year beginning before , see section 701(a), (b) of , set out as a note under .

Effective Date of 1984 Amendment

Pub. L. 98–459Oct. 9, 1984section 803(a) of Pub. L. 98–459 section 3001 of this titleAmendment by effective , see , set out as a note under .

Effective Date

Sept. 30, 1978section 504 of Pub. L. 95–478 section 3001 of this titleSection effective at close of , see , set out as an Effective Date of 1978 Amendment note under .