
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC3056d]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                CHAPTER 35--PROGRAMS FOR OLDER AMERICANS
 
     SUBCHAPTER IX--COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS
 
Sec. 3056d. National grants or contracts and State allotments 
        for projects
        

(a) Reservation of appropriations; national activities based on level of 
        activities in fiscal year 1978; equitable distribution of 
        aggregate activities; transitional employment funds; allotment 
        of excess appropriations based on amount appropriated in fiscal 
        year 1991; allotment formula; preferences in awards; 
        demographics

    (1)(A) Subject to subparagraph (B) and paragraph (2), from sums 
appropriated under this subchapter for each fiscal year, the Secretary 
shall first reserve such sums as may be necessary for national grants or 
contracts with public agencies and public or nonprofit private 
organizations to maintain the level of activities carried on under such 
grants or contracts at least at the level of such activities supported 
under this subchapter and under any other provision of Federal law 
relating to community service employment programs for older Americans in 
fiscal year 1978.
    (B)(i)(I) For each fiscal year in which the sums appropriated under 
this subchapter exceed the amount appropriated under this subchapter for 
fiscal year 1978, the Secretary shall reserve not more than 45 percent 
of such excess, except as provided in subclause (II), to carry out 
clauses (ii), (iii), and (v).
    (II) The Secretary shall reserve a sum sufficient to carry out 
clauses (iii) and (v).
    (III) The Secretary in awarding grants and contracts under this 
paragraph from the sum reserved under this paragraph shall, to the 
extent feasible, assure an equitable distribution of activities under 
such grants and contracts designed to achieve the allotment among the 
States described in paragraph (3) of this subsection.
    (ii) The Secretary shall reserve such sums as may be necessary for 
national grants or contracts with public or nonprofit national Indian 
aging organizations with the ability to provide employment services to 
older Indians and with national public or nonprofit Pacific Island and 
Asian American aging organizations with the ability to provide 
employment services to older Pacific Island and Asian Americans.
    (iii) If the amount appropriated under this subchapter for a fiscal 
year exceeds 102 percent of the amount appropriated under this 
subchapter for fiscal year 1991, for each fiscal year described in 
clause (iv), the Secretary shall reserve for recipients of national 
grants and contracts under this paragraph such portion of the excess 
amount as the Secretary determines to be appropriate and is--
        (I) at least 25 percent of the excess amount; or
        (II) the portion required to increase the amount made available 
    under this paragraph to each of the recipients so that the amount 
    equals 1.3 percent of the amount appropriated under this subchapter 
    for fiscal year 1991.

    (iv) From the portion reserved under clause (iii), the Secretary 
shall increase the amount made available under this paragraph to each of 
the recipients--
        (I) for each fiscal year before the fiscal year described in 
    subclause (II), so that such amount equals, or more closely 
    approaches, such 1.3 percent; and
        (II) for the first fiscal year for which the portion is 
    sufficient to make available under this paragraph to each of the 
    recipients the amount equal to such 1.3 percent, so that such amount 
    is not less than such 1.3 percent.

    (v) For each fiscal year after the fiscal year described in clause 
(iv)(II), the Secretary shall make available under this paragraph to 
each of the recipients an amount not less than such 1.3 percent.
    (C) Preference in awarding grants and contracts under this paragraph 
shall be given to national organizations, and agencies, of proven 
ability in providing employment services to eligible individuals under 
this program and similar programs. The Secretary, in awarding grants and 
contracts under this section, shall, to the extent feasible, assure an 
equitable distribution of activities under such grants and contracts, in 
the aggregate, among the States, taking into account the needs of 
underserved States, subject to subparagraph (B)(i)(III).
    (2)(A) From sums appropriated under this subchapter for each fiscal 
year after September 30, 1978, the Secretary shall reserve an amount 
which is at least 1 percent and not more than 3 percent of the amount 
appropriated in excess of the amount appropriated for fiscal year 1978 
for the purpose of entering into agreements under section 3056(e) of 
this title, relating to improved transition to private employment.
    (B) After the Secretary makes the reservations required by paragraph 
(1)(B) and subparagraph (A), the remainder of such excess shall be 
allotted to the appropriate public agency of each State pursuant to 
paragraph (3).
    (3) The Secretary shall allot to the State agency on aging of each 
State the remainder of the sums appropriated for any fiscal year under 
section 3056f of this title so that each State will receive an amount 
which bears the same ratio to such remainder as the product of the 
number of persons aged fifty-five or over in the State and the allotment 
percentage of such State bears to the sum of the corresponding product 
for all States, except that (A) no State shall be allotted less than 
one-half of 1 percent of the remainder of the sums appropriated for the 
fiscal year for which the determination is made, or $100,000, whichever 
is greater, and (B) Guam, American Samoa, the Commonwealth of the 
Northern Mariana Islands, the United States Virgin Islands, and the 
Trust Territory of the Pacific Islands shall each be allotted an amount 
which is not less than one-fourth of 1 percent of the remainder of the 
sums appropriated for the fiscal year for which the determination is 
made, or $50,000, whichever is greater. For the purpose of the exception 
contained in this paragraph the term ``State'' does not include Guam, 
American Samoa, the Commonwealth of the Northern Mariana Islands, the 
United States Virgin Islands, and the Trust Territory of the Pacific 
Islands.
    (4) For the purpose of this subsection--
        (A) the allotment percentage of each State shall be 100 percent 
    less that percentage which bears the same ratio to 50 percent as the 
    per capita income of such State bears to the per capita income of 
    the United States, except that (i) the allotment percentage shall in 
    no case be more than 75 percent or less than 33\1/3\ percent, and 
    (ii) the allotment percentage for the District of Columbia, the 
    Commonwealth of Puerto Rico, Guam, the United States Virgin Islands, 
    American Samoa, the Commonwealth of the Northern Mariana Islands, 
    and the Trust Territory of the Pacific Islands shall be 75 percent;
        (B) the number of persons aged fifty-five or over in any State 
    and in all States, and the per capita income in any State and in all 
    States, shall be determined by the Secretary on the basis of the 
    most satisfactory data available to the Secretary; and
        (C) for the purpose of determining the allotment percentage, the 
    term ``United States'' means the fifty States and the District of 
    Columbia.

(b) Reallotments

    The amount allotted for projects within any State under subsection 
(a) of this section for any fiscal year which the Secretary determines 
will not be required for such year shall be reallotted, from time to 
time and on such dates during such year as the Secretary may fix, to 
projects within other States in proportion to the original allotments to 
projects within such States under subsection (a) of this section for 
such year, but with such proportionate amount for any of such other 
States being reduced to the extent it exceeds the sum the Secretary 
estimates that projects within such State need and will be able to use 
for such year; and the total of such reductions shall be similarly 
reallotted among the States whose proportionate amounts were not so 
reduced. Any amount reallotted to a State under this subsection during a 
year shall be deemed part of its allotment under subsection (a) of this 
section for such year.

(c) Equitable distribution of assistance

    The amount apportioned for projects within each State under 
subsection (a) of this section shall be apportioned among areas within 
each such State in an equitable manner, taking into consideration (1) 
the proportion which eligible individuals in each such area bears to the 
total number of such individuals, respectively, in that State, (2) the 
relative distribution of such individuals residing in rural and urban 
areas within the State, and (3) the relative distribution of (A) such 
individuals who are individuals with greatest economic need, (B) such 
individuals who are minority individuals, and (C) such individuals who 
are individuals with greatest social need.

(d) Compliance reports by State agencies

    The Secretary shall require the State agency for each State 
receiving funds under this subchapter to report at the beginning of each 
fiscal year on such State's compliance with subsection (c) of this 
section. Such report shall include the names and geographic location of 
all projects assisted under this subchapter and carried out in the State 
and the amount allotted to each such project.

(Pub. L. 89-73, title V, Sec. 506, formerly title IX, Sec. 906, as added 
Pub. L. 94-135, title I, Sec. 113(a), Nov. 28, 1975, 89 Stat. 723; 
renumbered title V, Sec. 506, and amended Pub. L. 95-478, title I, 
Sec. 105(a), (e), Oct. 18, 1978, 92 Stat. 1547, 1548; Pub. L. 97-115, 
Sec. 12(e), Dec. 29, 1981, 95 Stat. 1607; Pub. L. 98-459, title V, 
Sec. 503(a), (b), Oct. 9, 1984, 98 Stat. 1787; Pub. L. 100-175, title I, 
Secs. 162(b), 182(b)(3), Nov. 29, 1987, 101 Stat. 957, 964; Pub. L. 102-
375, title V, Sec. 504(a)-(c)(1), (3), title IX, Sec. 904(b)(2), Sept. 
30, 1992, 106 Stat. 1267-1269, 1309.)


                            Prior Provisions

    A prior section 506 of Pub. L. 89-73, title V, as added Pub. L. 93-
29, title V, Sec. 501, May 3, 1973, 87 Stat. 51, related to mortgage 
insurance for Multipurpose Senior Centers and was classified to section 
3041e of this title, prior to repeal by Pub. L. 95-478, title V, 
Sec. 501(a), Oct. 18, 1978, 92 Stat. 1558.


                               Amendments

    1992--Subsec. (a)(1), (2). Pub. L. 102-375, Sec. 504(a), amended 
pars. (1) and (2) generally. Prior to amendment, pars. (1) and (2) 
related to national grants and contracts based on level of activities in 
fiscal year 1978, preferences in awards, equitable distribution of 
aggregate activities, transitional employment funds, and State 
allotments.
    Subsec. (a)(3). Pub. L. 102-375, Sec. 904(b)(2), substituted 
``United States Virgin Islands'' for ``Virgin Islands'' in two places.
    Pub. L. 102-375, Sec. 504(c)(1), substituted ``percent'' for ``per 
centum'' in two places.
    Subsec. (a)(4)(A). Pub. L. 102-375, Sec. 904(b)(2), substituted 
``United States Virgin Islands'' for ``Virgin Islands''.
    Pub. L. 102-375, Sec. 504(c)(1), substituted ``percent'' for ``per 
centum'' wherever appearing.
    Subsec. (a)(4)(B). Pub. L. 102-375, Sec. 504(c)(3), substituted 
``the Secretary'' for ``him'' before semicolon.
    Subsec. (c)(3). Pub. L. 102-375, Sec. 504(b), added cl. (3).
    1987--Subsec. (a)(1)(A). Pub. L. 100-175, Sec. 162(b), inserted 
provision relating to reservation of sums for grants and contracts with 
national public and nonprofit Indian aging organizations and Pacific 
Island and Asian American aging organizations, which organizations have 
the ability of providing employment services.
    Subsec. (a)(4)(A). Pub. L. 100-175, Sec. 182(b)(3), substituted 
``the Commonwealth of Puerto Rico'' for ``Puerto Rico''.
    1984--Subsec. (a)(3). Pub. L. 98-459, Sec. 503(a), substituted 
``shall allot to the State agency'' for ``shall allot to State agency''.
    Subsec. (d). Pub. L. 98-459, Sec. 503(b), added subsec. (d).
    1981--Subsec. (a)(1)(B). Pub. L. 97-115, Sec. 12(e)(2), substituted 
``shall reserve an amount which is equal to at least 1 per centum but 
not more than 3 per centum'' for ``may reserve an amount not to exceed 
one per centum''.
    Subsec. (a)(2). Pub. L. 97-115, Sec. 12(e)(1), (3)(A), inserted 
provision that the Secretary in awarding grants and contracts under such 
par. (1) from such 45 per centum, to the extent feasible, assure an 
equitable distribution of activities under such grants and contracts 
designed to achieve the allotment among the States described in par. (3) 
and substituted ``allotted to the appropriate public agency of each 
State pursuant to'' for ``allotted pursuant to''.
    Subsec. (a)(3). Pub. L. 97-115, Sec. 12(e)(3)(B), substituted ``to 
State agency on aging of each State'' for ``for projects within each 
State'' and inserted reference to the Commonwealth of the Northern 
Mariana Islands in two places.
    Subsec. (a)(4)(A). Pub. L. 97-115, Sec. 12(e)(3)(C), inserted 
reference to the Commonwealth of the Northern Mariana Islands.
    1978--Subsec. (a)(1). Pub. L. 95-478, Sec. 105(e)(1), designated 
existing provisions as subpar. (A), inserted introductory text ``Subject 
to the provisions of paragraph (2)'' and substituted ``fiscal year 
1978'' for ``the fiscal year ending June 30, 1975'', and added subpar. 
(B).
    Subsec. (a)(2) to (4). Pub. L. 95-478, Sec. 105(e)(2), added par. 
(2) and redesignated existing pars. (2) and (3) as (3) and (4), 
respectively.


                    Effective Date of 1992 Amendment

    Amendment by section 504(a)-(c)(1), (3) of Pub. L. 102-375 
inapplicable with respect to fiscal year 1992, see section 905(b)(4) of 
Pub. L. 102-375, set out as a note under section 3001 of this title.
    Amendment by section 904(b)(2) of Pub. L. 102-375 effective Sept. 
30, 1992, see section 905(a) 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.


                    Effective Date of 1978 Amendment

    Amendment by Pub. L. 95-478 effective at close of Sept. 30, 1978, 
see section 504 of Pub. L. 95-478, 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 section 3056 of this title; title 29 
section 2942.
