
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-501 Section 702]
[Document affected by Public Law 106-501 Section 801(e)(1)]
[CITE: 42USC3058b]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                CHAPTER 35--PROGRAMS FOR OLDER AMERICANS
 
    SUBCHAPTER XI--ALLOTMENTS FOR VULNERABLE ELDER RIGHTS PROTECTION 
                               ACTIVITIES
 
                        Part A--State Provisions
 
                   subpart i--general state provisions
 
Sec. 3058b. Allotment


(a) In general

                           (1) Population

        In carrying out the program described in section 3058 of this 
    title, the Assistant Secretary shall initially allot to each State, 
    from the funds appropriated under section 3058a of this title for 
    each fiscal year, an amount that bears the same ratio to the funds 
    as the population of older individuals in the State bears to the 
    population of older individuals in all States.

                       (2) Minimum allotments

        (A) In general

            After making the initial allotments described in paragraph 
        (1), the Assistant Secretary shall adjust the allotments on a 
        pro rata basis in accordance with subparagraphs (B) and (C).

        (B) General minimum allotments

            (i) Minimum allotment for States

                No State shall be allotted less than one-half of 1 
            percent of the funds appropriated under section 3058a of 
            this title for the fiscal year for which the determination 
            is made.
            (ii) Minimum allotment for territories

                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 funds appropriated 
            under section 3058a of this title for the fiscal year for 
            which the determination is made. 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 under section 3058a of this title for the 
            fiscal year for which the determination is made.

        (C) Minimum allotments for ombudsman and elder abuse programs

            (i) Ombudsman program

                No State shall be allotted for a fiscal year, from the 
            funds appropriated under section 3058a(a) of this title, 
            less than the amount allotted to the State under section 
            3024 of this title in fiscal year 1991 to carry out the 
            State Long-Term Care Ombudsman program under subchapter III 
            of this chapter.
            (ii) Elder abuse programs

                No State shall be allotted for a fiscal year, from the 
            funds appropriated under section 3058a(b) of this title, 
            less than the amount allotted to the State under section 
            3024 of this title in fiscal year 1991 to carry out programs 
            with respect to the prevention of elder abuse, neglect, and 
            exploitation under subchapter III of this chapter.

        (D) ``State'' defined

            For the purposes of this paragraph, 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.

(b) Reallotment

                           (1) In general

        If the Assistant Secretary determines that any amount allotted 
    to a State for a fiscal year under this section will not be used by 
    the State for carrying out the purpose for which the allotment was 
    made, the Assistant Secretary shall make the amount available to a 
    State that the Assistant Secretary determines will be able to use 
    the amount for carrying out the purpose.

                          (2) Availability

        Any amount made available to a State from an appropriation for a 
    fiscal year in accordance with paragraph (1) shall, for purposes of 
    this part, be regarded as part of the allotment of the State (as 
    determined under subsection (a) of this section) for the year, but 
    shall remain available until the end of the succeeding fiscal year.

(c) Withholding

    If the Assistant Secretary finds that any State has failed to carry 
out this subchapter in accordance with the assurances made and 
description provided under section 3058d of this title, the Assistant 
Secretary shall withhold the allotment of funds to the State. The 
Assistant Secretary shall disburse the funds withheld directly to any 
public or nonprofit private institution or organization, agency, or 
political subdivision of the State submitting an approved plan 
containing the assurances and description.

(Pub. L. 89-73, title VII, Sec. 703, as added Pub. L. 102-375, title 
VII, Sec. 701, Sept. 30, 1992, 106 Stat. 1271; amended Pub. L. 103-171, 
Sec. 3(a)(13), Dec. 2, 1993, 107 Stat. 1990.)


                            Prior Provisions

    A prior section 3058b, Pub. L. 89-73, title VII, Sec. 704, as added 
Pub. L. 98-459, title VII, Sec. 701, Oct. 9, 1984, 98 Stat. 1789, 
related to older Americans personal health education and training 
program, prior to repeal by Pub. L. 100-175, title I, Sec. 181, title 
VII, Sec. 701(a), (b), Nov. 29, 1987, 101 Stat. 964, 983, effective Oct. 
1, 1987, with certain exceptions.
    A prior section 703 of Pub. L. 89-73 was classified to section 3045b 
of this title prior to repeal by Pub. L. 95-478.


                               Amendments

    1993--Pub. L. 103-171 substituted ``Assistant Secretary'' for 
``Commissioner'' wherever appearing.

          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 3058g, 3058i, 3058j, 3058k 
of this title.
