42 USC 3056d - Distribution of assistance

U.S Code last checked for updates: Apr 29, 2024

§ 3056d.

Distribution of assistance

(a)

Reservations

(1)

Reservation for pilot demonstration and evaluation projects

(2)

Reservation for territories

Of the funds appropriated to carry out this subchapter for each fiscal year, the Secretary shall reserve 0.75 percent, of which—

(A)

Guam, American Samoa, and the United States Virgin Islands shall each receive 30 percent of the funds so reserved; and

(B)

the Commonwealth of the Northern Mariana Islands shall receive 10 percent of the funds so reserved.

(3)

Reservation for organizations

(b)

State allotments

(c)

Division between national grants and grants to States

The funds appropriated to carry out this subchapter for any fiscal year that remain after amounts are reserved under paragraphs (1), (2), and (3) of subsection (a) shall be divided by the Secretary between national grants and grants to States as follows:

(1)

Reservation of funds for fiscal year 2000 level of activities

(A)

In general

(B)

Insufficient appropriations

(2)

Funding in excess of fiscal year 2000 level of activities

(A)

Up to $35,000,000

(B)

Over $35,000,000

(d)

Allotments for national grants

From funds available under subsection (c) for national grants, the Secretary shall allot for public and nonprofit private agency and organization grantees that operate under this subchapter under national grants from the Secretary in each State, an amount that bears the same ratio to such funds as the product of the number of individuals age 55 or older in the State and the allotment percentage of such State bears to the sum of the corresponding products for all States, except as follows:

(1)

Minimum allotment

(2)

Hold harmless

If such amount provided under subsection (c) is—

(A)

equal to or less than the amount necessary to maintain the fiscal year 2000 level of activities, allotments for grantees that operate under this subchapter under national grants from the Secretary in each State shall be proportional to the amount necessary to maintain their fiscal year 2000 level of activities; or

(B)

greater than the amount necessary to maintain the fiscal year 2000 level of activities, no State shall be provided a percentage increase above the amount necessary to maintain the fiscal year 2000 level of activities for grantees that operate under this subchapter under national grants from the Secretary in the State that is less than 30 percent of the percentage increase above the amount necessary to maintain the fiscal year 2000 level of activities for public and private nonprofit agency and organization grantees that operate under this subchapter under national grants from the Secretary in all of the States.

(3)

Reduction

(e)

Allotments for grants to States

From the amount provided for grants to States under subsection (c), the Secretary shall allot for the State grantee in each State an amount that bears the same ratio to such amount as the product of the number of individuals age 55 or older in the State and the allotment percentage of such State bears to the sum of the corresponding products for all States, except as follows:

(1)

Minimum allotment

(2)

Hold harmless

If such amount provided under subsection (c) is—

(A)

equal to or less than the amount necessary to maintain the fiscal year 2000 level of activities, allotments for State grantees in each State shall be proportional to the amount necessary to maintain their fiscal year 2000 level of activities; or

(B)

greater than the amount necessary to maintain the fiscal year 2000 level of activities, no State shall be provided a percentage increase above the amount necessary to maintain the fiscal year 2000 level of activities for State grantees in the State that is less than 30 percent of the percentage increase above the amount necessary to maintain the fiscal year 2000 level of activities for State grantees in all of the States.

(3)

Reduction

(f)

Allotment percentage

For purposes of subsections (d) and (e) and this subsection—

(1)

the allotment percentage of each State shall be 100 percent less that percentage that 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—

(A)

the allotment percentage shall be not more than 75 percent and not less than 33 percent; and

(B)

the allotment percentage for the District of Columbia and the Commonwealth of Puerto Rico shall be 75 percent;

(2)

the number of individuals age 55 or older 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

(3)

for the purpose of determining the allotment percentage, the term “United States” means the 50 States,1

 So in original. The comma probably should not appear.

and the District of Columbia.

(g)

Definitions

In this section:

(1)

Cost per authorized position

The term “cost per authorized position” means the sum of—

(A)

the hourly minimum wage rate specified in section 206(a)(1) of title 29, multiplied by the number of hours equal to the product of 21 hours and 52 weeks;

(B)

an amount equal to 11 percent of the amount specified under subparagraph (A), for the purpose of covering Federal payments for fringe benefits; and

(C)

an amount determined by the Secretary, for the purpose of covering Federal payments for the remainder of all other program and administrative costs.

(2)

Fiscal year 2000 level of activities

The term “fiscal year 2000 level of activities” means—

(A)

with respect to public and nonprofit private agency and organization grantees that operate under this subchapter under national grants from the Secretary, their level of activities for fiscal year 2000; and

(B)

with respect to State grantees, their level of activities for fiscal year 2000.

(3)

Grants to States

(4)

Level of activities

(5)

National grants

(6)

State

(Pub. L. 89–73, title V, § 506, as added Pub. L. 109–365, title V, § 501, Oct. 17, 2006, 120 Stat. 2576.)

cite as: 42 USC 3056d