
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-501 Section 303]
[Document affected by Public Law 106-501 Section 801(c)(2)]
[CITE: 42USC3024]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                CHAPTER 35--PROGRAMS FOR OLDER AMERICANS
 
    SUBCHAPTER III--GRANTS FOR STATE AND COMMUNITY PROGRAMS ON AGING
 
                       Part A--General Provisions
 
Sec. 3024. Allotment to States


(a) Formula for computation of amount

    (1) Subject to paragraphs (2) and (3), from the sums appropriated 
under section 3023 of this title 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.
    (2) No State shall be allotted less than the total amount allotted 
to the State under paragraph (1) of this subsection and section 3028 of 
this title for fiscal year 1987.
    (3) No State shall be allotted, from the amount appropriated under 
section 3023(g) of this title, 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.

(b) Unused funds

    Whenever the Assistant Secretary determines that any amount allotted 
to a State under part B or C of this subchapter 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) of this section) for such 
year, but shall remain available until the end of the succeeding fiscal 
year.

(c) Withholding of funds; disbursement

    If the Assistant Secretary finds that any State has failed to 
qualify under the State plan requirements of section 3027 of this title 
or the Assistant Secretary does not approve the funding formula required 
under section 3025(a)(2)(C) of this title, the Assistant Secretary shall 
withhold the allotment of funds to such State referred to in subsection 
(a) of this section. 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 section 3027 of this title, which includes an 
agreement that any such payment shall be matched in the proportion 
determined under subsection (d)(1)(D) of this section 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) From any State's allotment, after the application of section 
3028(b) of this title, 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) such amount (excluding any amount attributable to funds 
    appropriated under section 3023(a)(3) of this title) as the State 
    agency determines to be adequate for conducting an effective 
    ombudsman program under section 3027(a)(12) of this title shall be 
    available for conducting such program;
        (C) not less than $150,000 and not more than 4 percent of the 
    amount allotted to the State for carrying out part B of this 
    subchapter, shall be available for conducting outreach demonstration 
    projects under section 3058e of this title; 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.

(e) Volunteer services coordinator

    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 section 3026(a)(12) of this title) 
or a State volunteer services coordinator (as described in section 
3027(a)(31) of this title).

(Pub. L. 89-73, title III, Sec. 304, as added Pub. L. 95-478, title I, 
Sec. 103(b), Oct. 18, 1978, 92 Stat. 1519; amended Pub. L. 97-115, 
Sec. 4, Dec. 29, 1981, 95 Stat. 1597; Pub. L. 98-459, title III, 
Sec. 304, Oct. 9, 1984, 98 Stat. 1772; Pub. L. 100-175, title I, 
Secs. 123, 155(c), (d), 182(f), Nov. 29, 1987, 101 Stat. 933, 952, 965; 
Pub. L. 102-375, title III, Sec. 304, title IX, Sec. 904(a)(10), Sept. 
30, 1992, 106 Stat. 1221, 1306; Pub. L. 103-171, Sec. 3(a)(13), Dec. 2, 
1993, 107 Stat. 1990.)


                            Prior Provisions

    A prior section 3024, Pub. L. 89-73, title III, Sec. 304, as added 
Pub. L. 93-29, title III, Sec. 301, May 3, 1973, 87 Stat. 38; Pub. L. 
94-135, title I, Secs. 105, 106(c), Nov. 28, 1975, 89 Stat. 715, 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 Pub. L. 95-478. See sections 3025 and 3026 of this 
title.
    Another prior section 3024, Pub. L. 89-73, title III, Sec. 304, July 
14, 1965, 79 Stat. 223; Pub. L. 90-42, Sec. 3, July 1, 1967, 81 Stat. 
107; Pub. L. 91-69, Sec. 4(b), Sept. 17, 1969, 83 Stat. 108, 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. 93-29, title III, Sec. 301, May 3, 1973, 87 
Stat. 36.
    Provisions similar to those comprising this section were contained 
in Pub. L. 89-73, title III, Sec. 303, as added Pub. L. 93-29, title 
III, Sec. 301, May 3, 1973, 87 Stat. 37; Pub. L. 94-135, title I, 
Secs. 104(a), (c), (d), 112(b), 114(d), Nov. 28, 1975, 89 Stat. 714, 
715, 719, 725, which was classified to section 3023 of this title prior 
to repeal by Pub. L. 95-478.
    A prior section 3024a, Pub. L. 89-73, title III, Sec. 305, as added 
Pub. L. 91-69, Sec. 5, Sept. 17, 1969, 83 Stat. 110, related to areawide 
model projects, grants to or contracts with State agencies, amount, 
purposes of projects, and authorization of appropriations, prior to 
repeal by Pub. L. 93-29, title III, Sec. 301, May 3, 1973, 87 Stat. 36.


                               Amendments

    1993--Subsecs. (a)(4), (b), (c), (d)(2). Pub. L. 103-171 substituted 
``Assistant Secretary'' for ``Commissioner'' wherever appearing.
    1992--Subsec. (a)(1). Pub. L. 102-375, Sec. 904(a)(10), 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)''.
    Subsec. (a)(2). Pub. L. 102-375, Sec. 304(a)(1), substituted 
``1987'' for ``1984''.
    Subsec. (a)(3). Pub. L. 102-375, Sec. 304(a)(2), amended par. (3) 
generally. Prior to amendment, par. (3) read as follows: ``No State 
shall be allotted, from the amount appropriated pursuant to section 
3023(a)(3) of this title, less than $50,000 for any fiscal year.''
    Subsec. (a)(4). Pub. L. 102-375, Sec. 304(a)(3), substituted ``data 
available from the Bureau of the Census, and other reliable demographic 
data satisfactory'' for ``satisfactory data available''.
    Subsec. (c). Pub. L. 102-375, Sec. 304(b), inserted ``or the 
Commissioner does not approve the funding formula required under section 
3025(a)(2)(C) of this title'' after ``requirements of section 3027 of 
this title''.
    Subsec. (d)(1)(C). Pub. L. 102-375, Sec. 304(c), amended subpar. (C) 
generally. Prior to amendment, subpar. (C) read as follows: ``after 
September 30, 1986, such amount (excluding any amount attributable to 
funds appropriated under section 3023(a)(3) of this title) 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 section 3027(f) of this title shall be available for 
conducting such projects; and''.
    Subsec. (e). Pub. L. 102-375, Sec. 304(d), added subsec. (e).
    1987--Subsec. (a)(1). Pub. L. 100-175, Sec. 155(c)(1), substituted 
``paragraphs (2) and (3)'' for ``paragraph (2)'' and ``purposes of 
paragraph (3) and'' for ``purpose of''.
    Subsec. (a)(3), (4). Pub. L. 100-175, Sec. 155(c)(2), added par. (3) 
and redesignated former par. (3) as (4).
    Subsec. (d)(1). Pub. L. 100-175, Sec. 182(f), inserted a comma after 
``section 3028(b) of this title''.
    Subsec. (d)(1)(A). Pub. L. 100-175, Sec. 123, substituted ``10 
percent'' for ``8.5 percent''.
    Subsec. (d)(1)(B), (C). Pub. L. 100-175, Sec. 155(d), inserted 
``(excluding any amount attributable to funds appropriated under section 
3023(a)(3) of this title)'' after ``amount''.
    1984--Subsec. (a)(1). Pub. L. 98-459, Sec. 304(a)(1)-(5), 
substituted ``Subject to paragraph (2), from'' for ``From'', substituted 
``under section 3023 of this title'' 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''.
    Subsec. (a)(2), (3). Pub. L. 98-459, Sec. 304(a)(6)-(8), added par. 
(2), redesignated former par. (2) as (3), and substituted ``available to 
the Commissioner'' for ``available to him''.
    Subsec. (b). Pub. L. 98-459, Sec. 304(b), substituted ``the 
Commissioner shall make'' for ``he shall make'' and ``to the extent the 
Commissioner determines'' for ``to the extent he determines''.
    Subsec. (c). Pub. L. 98-459, Sec. 304(c), substituted ``subsection 
(d)(1)(D) of this section'' for ``subsection (d)(1)(B) of this section'' 
and ``or in-kind resources'' for ``for in-kind resources''.
    Subsec. (d)(1). Pub. L. 98-459, Sec. 304(d), inserted ``, after the 
application of section 3028(b) of this title'' in provisions before par. 
(1), added subpar. (C), and redesignated former subpar. (C) as (D).
    1981--Subsec. (a)(1). Pub. L. 97-115, Sec. 4(a), substituted ``under 
parts B and C for each fiscal year'' for ``under parts B and C for 
fiscal years 1979, 1980, and 1981''.
    Subsec. (d)(1)(B). Pub. L. 97-115, Sec. 4(c)(3), added subpar. (B). 
Former subpar. (B) redesignated (C).
    Subsec. (d)(1)(C). Pub. L. 97-115, Sec. 4(b), (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''.


                    Effective Date of 1992 Amendment

    Amendment by section 304 (excluding pars. (1) and (2) of subsec. 
(a)) of Pub. L. 102-375 inapplicable with respect to fiscal year 1993, 
see section 4(b) of Pub. L. 103-171, set out as a note under section 
3001 of this title.
    Amendment by section 304 of Pub. L. 102-375 inapplicable with 
respect to fiscal year 1992, see section 905(b)(2) of Pub. L. 102-375, 
set out as a note under section 3001 of this title.


                    Effective Date of 1987 Amendment

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


                    Effective Date of 1984 Amendment

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

          Termination of Trust Territory of the Pacific Islands

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

                  Section Referred to in Other Sections

    This section is referred to in sections 3023, 3027, 3028, 3029, 
3057c, 3058b, 3058e of this title.
