Title 42The Public Health and WelfareRelease 119-73

§3058b Allotment

Title 42 › Chapter CHAPTER 35— - PROGRAMS FOR OLDER AMERICANS › Subchapter SUBCHAPTER XI— - ALLOTMENTS FOR VULNERABLE ELDER RIGHTS PROTECTION ACTIVITIES › Part Part A— - State Provisions › Subpart subpart i— - general state provisions › § 3058b

Last updated Apr 6, 2026|Official source

Summary

When running the program, the Assistant Secretary must first give each State a share of the yearly program money that matches the State’s share of older people in the whole country. After that, the Assistant Secretary will change the amounts so no State gets less than one-half of 1 percent of the yearly money. Guam, the United States Virgin Islands, and the Trust Territory of the Pacific Islands must each get at least one-fourth of 1 percent. American Samoa and the Commonwealth of the Northern Mariana Islands must each get at least one-sixteenth of 1 percent. Also, for certain parts of the program, no State can get less than the amount it received in fiscal year 2000 under section 3024 for the State Long-Term Care Ombudsman program and for elder abuse prevention programs. For those minimums, “State” does not include the listed territories. If the Assistant Secretary finds a State will not use its allotment, the money can be given to another State that will use it. Money moved this way counts as part of the receiving State’s allotment for that year but can be spent until the end of the next fiscal year. If a State fails to follow the promises and plan it gave under section 3058d, the Assistant Secretary will withhold the State’s funds and instead pay them directly to any public or nonprofit group, agency, or local government in the State that submits an approved plan with the required promises.

Full Legal Text

Title 42, §3058b

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

(a)(1)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)(A)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)(i)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)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)(i)No State shall be allotted for a fiscal year, from the funds appropriated under section 3058a of this title and made available to carry out subpart II of this part, less than the amount allotted to the State under section 3024 of this title in fiscal year 2000 to carry out the State Long-Term Care Ombudsman program under subchapter III.
(ii)No State shall be allotted for a fiscal year, from the funds appropriated under section 3058a of this title and made available to carry out subpart III of this part, less than the amount allotted to the State under section 3024 of this title in fiscal year 2000 to carry out programs with respect to the prevention of elder abuse, neglect, and exploitation under subchapter III.
(D)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)(1)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)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)) for the year, but shall remain available until the end of the succeeding fiscal year.
(c)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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 3058b, Pub. L. 89–73, title VII, § 704, as added Pub. L. 98–459, title VII, § 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, § 181, title VII, § 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

2000—Subsec. (a)(2)(C)(i). Pub. L. 106–501, §§ 702, 801(e)(1)(A), substituted “section 3058a of this title and made available to carry out subpart II of this part” for “section 3058a(a) of this title” and “2000” for “1991”. Subsec. (a)(2)(C)(ii). Pub. L. 106–501, §§ 702, 801(e)(1)(B), substituted “section 3058a of this title and made available to carry out subpart III of this part” for “section 3058a(b) of this title” and “2000” for “1991”. 1993—Pub. L. 103–171 substituted “Assistant Secretary” for “Commissioner” wherever appearing.

Statutory Notes and Related Subsidiaries

Effective Date

Section inapplicable with respect to fiscal year 1993, see section 4(b) of Pub. L. 103–171, set out as an

Effective Date

of 1992 Amendment note under section 3001 of this title. Section inapplicable with respect to fiscal year 1992, see section 905(b)(6) of Pub. L. 102–375, set out as an

Effective Date

of 1992 Amendment note under section 3001 of this title.

Executive Documents

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.

Reference

Citations & Metadata

Citation

42 U.S.C. § 3058b

Title 42The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73