Title 42The Public Health and WelfareRelease 119-73

§3056d Distribution of assistance

Title 42 › Chapter CHAPTER 35— - PROGRAMS FOR OLDER AMERICANS › Subchapter SUBCHAPTER IX— - COMMUNITY SERVICE SENIOR OPPORTUNITIES › § 3056d

Last updated Apr 6, 2026|Official source

Summary

Each year, the Secretary must set aside parts of the money for this program before giving the rest out. Up to 1.5% may be held for demonstration, pilot, and evaluation projects. Another 0.75% is reserved for U.S. territories: Guam, American Samoa, and the U.S. Virgin Islands each get 30% of that reserved amount, and the Northern Mariana Islands get 10%. The Secretary also must hold whatever is needed to give national grants to Indian aging organizations and to national Pacific Island and Asian American aging organizations that run community service jobs and other allowed activities for eligible people. After those reserves, the remaining money is split between national grants and State grants. Each State’s total share is the sum of its share of national grants plus its State grant. First, funds needed to keep the program at its fiscal year 2000 level of activities are kept in proportion to how much national and State grantees were doing in 2000; if money is not enough, those amounts are cut proportionally. Any leftover money (up to $35,000,000) is split 75% to States and 25% to national grantees; any funds beyond that are split 50/50. Shares for national grantees and for State grantees are calculated using the number of people age 55+ in each State and an “allotment percentage” that is based on the State’s per‑capita income compared to the U.S., with that percentage capped between 33% and 75% (District of Columbia and Puerto Rico use 75%). No State gets less than 0.5% of the total for all States. The law defines key terms, including how to compute “cost per authorized position” (minimum hourly wage × 21 hours × 52 weeks, plus 11% for fringe benefits, plus other costs set by the Secretary), what “level of activities” means, and that “State” does not include the four named territories.

Full Legal Text

Title 42, §3056d

The Public Health and Welfare — Source: USLM XML via OLRC

(a)(1)Of the funds appropriated to carry out this subchapter for each fiscal year, the Secretary may first reserve not more than 1.5 percent to carry out demonstration projects, pilot projects, and evaluation projects under section 3056(e) of this title.
(2)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)Of the funds appropriated to carry out this subchapter for each fiscal year, the Secretary shall reserve such amount as may be necessary to make national grants to public or nonprofit national Indian aging organizations with the ability to provide community service employment and other authorized activities for eligible individuals who are Indians and to national public or nonprofit Pacific Island and Asian American aging organizations with the ability to provide community service employment and other authorized activities for eligible individuals who are Pacific Island and Asian Americans.
(b)The allotment for each State shall be the sum of the amounts allotted for national grants in such State under subsection (d) and for the grant to such State under subsection (e).
(c)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)(A)The Secretary shall reserve the amount of funds necessary to maintain the fiscal year 2000 level of activities supported by grantees that operate under this subchapter under national grants from the Secretary, and the fiscal year 2000 level of activities supported by State grantees under this subchapter, in proportion to their respective fiscal year 2000 levels of activities.
(B)If in any fiscal year the funds appropriated to carry out this subchapter are insufficient to satisfy the requirement specified in subparagraph (A), then the amount described in subparagraph (A) shall be reduced proportionally.
(2)(A)The amount of funds remaining (if any) after the application of paragraph (1), but not to exceed $35,000,000, shall be divided so that 75 percent shall be provided to State grantees and 25 percent shall be provided to grantees that operate under this subchapter under national grants from the Secretary.
(B)The amount of funds remaining (if any) after the application of subparagraph (A) shall be divided so that 50 percent shall be provided to State grantees and 50 percent shall be provided to grantees that operate under this subchapter under national grants from the Secretary.
(d)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)No State shall be provided an amount under this subsection that is less than ½ of 1 percent of the amount provided under subsection (c) for public and nonprofit private agency and organization grantees that operate under this subchapter under national grants from the Secretary in all of the States.
(2)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)Allotments for States not affected by paragraphs (1) and (2)(B) shall be reduced proportionally to satisfy the conditions in such paragraphs.
(e)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)No State shall be provided an amount under this subsection that is less than ½ of 1 percent of the amount provided under subsection (c) for State grantees in all of the States.
(2)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)Allotments for States not affected by paragraphs (1) and (2)(B) shall be reduced proportionally to satisfy the conditions in such paragraphs.
(f)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,11 So in original. The comma probably should not appear. and the District of Columbia.
(g)In this section:
(1)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)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)The term “grants to States” means grants made under this subchapter by the Secretary to the States.
(4)The term “level of activities” means the number of authorized positions multiplied by the cost per authorized position.
(5)The term “national grants” means grants made under this subchapter by the Secretary to public and nonprofit private agency and organization grantees that operate under this subchapter.
(6)The term “State” does not include Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and the United States Virgin Islands.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 3056d, Pub. L. 89–73, title V, § 506, as added Pub. L. 106–501, title V, § 501, Nov. 13, 2000, 114 Stat. 2276, related to distribution of assistance, prior to the general amendment of this subchapter by Pub. L. 109–365. Another prior section 3056d, Pub. L. 89–73, title V, § 506, formerly title IX, § 906, as added Pub. L. 94–135, title I, § 113(a), Nov. 28, 1975, 89 Stat. 723; renumbered title V, § 506, and amended Pub. L. 95–478, title I, § 105(a), (e), Oct. 18, 1978, 92 Stat. 1547, 1548; Pub. L. 97–115, § 12(e), Dec. 29, 1981, 95 Stat. 1607; Pub. L. 98–459, title V, § 503(a), (b), Oct. 9, 1984, 98 Stat. 1787; Pub. L. 100–175, title I, §§ 162(b), 182(b)(3), Nov. 29, 1987, 101 Stat. 957, 964; Pub. L. 102–375, title V, § 504(a)–(c)(1), (3), title IX, § 904(b)(2), Sept. 30, 1992, 106 Stat. 1267–1269, 1309, related to national grants or contracts and State allotments for projects, prior to the general amendment of this subchapter by Pub. L. 106–501. Another prior section 506 of Pub. L. 89–73 was classified to section 3041e of this title, prior to repeal by Pub. L. 95–478.

Reference

Citations & Metadata

Citation

42 U.S.C. § 3056d

Title 42The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73