Title 42, The Public Health and WelfareRelease 119-110
§3056d Distribution of Assistance
Title 42 › CHAPTER 35 — PROGRAMS FOR OLDER AMERICANS › SUBCHAPTER IX — COMMUNITY SERVICE SENIOR OPPORTUNITIES › § 3056d
Summary
The Secretary must first set aside small shares of each year’s money for special uses. Up to 1.5% can go to demonstrations, pilots, and evaluations. The Secretary must set aside 0.75% for the territories, with Guam, American Samoa, and the U.S. Virgin Islands each getting 30% of that slice and the Northern Mariana Islands getting 10%. The Secretary also must hold back enough money to give national grants to Indian aging groups and to Pacific Island and Asian American aging groups so they can run jobs and services for eligible people. After those reserves, the rest is split between national grants and grants to States. First, enough money is kept to preserve the program’s fiscal year 2000 level of activity for both national and State grantees (reduced if there is not enough money). If more funds remain, up to $35,000,000 are divided 75% to States and 25% to national grantees. Any remaining funds above that are split 50/50. Each State’s share of national grants and of State grants is based on the number of people age 55+ in the State times the State’s allotment percentage, with a minimum of 0.5% of the national or State grant pool. Rules protect States’ FY2000 activity levels and require fair percentage increases when funds grow. The State allotment percentage is set from per‑capita income, but it cannot be more than 75% or less than 33%; the District of Columbia and Puerto Rico get 75%. Defined terms (one line each): cost per authorized position — minimum hourly wage times 21 hours × 52 weeks, plus 11% for fringe benefits, plus other program/admin costs set by the Secretary; fiscal year 2000 level of activities — each grantee’s activity level in FY2000; grants to States — grants the Secretary gives to States; level of activities — number of authorized positions times the cost per authorized position; national grants — grants the Secretary gives to public and nonprofit agencies and organizations; State — does not include Guam, American Samoa, the Northern Mariana Islands, or the U.S. Virgin Islands.
Full Legal Text
Title 42, §3056d
The Public Health and Welfare, Source: USLM XML via OLRC
(a)Reservations
(1)Reservation for pilot demonstration and evaluation projects
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)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
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)State allotments
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)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
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)Insufficient appropriations
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)Funding in excess of fiscal year 2000 level of activities
(A)Up to $35,000,000
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)Over $35,000,000
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)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
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)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
Allotments for States not affected by paragraphs (1) and (2)(B) shall be reduced proportionally to satisfy the conditions in such paragraphs.
(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
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)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
Allotments for States not affected by paragraphs (1) and (2)(B) shall be reduced proportionally to satisfy the conditions in such paragraphs.
(f)Allotment percentage
For purposes of subsections (d) and (e) and this subsection— (1)
(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, and the District of Columbia.
(g)Definitions
In this section: (1) Cost per authorized position
(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
The term “grants to States” means grants made under this subchapter by the Secretary to the States.
(4)Level of activities
The term “level of activities” means the number of authorized positions multiplied by the cost per authorized position.
(5)National grants
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)State
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 42, The Public Health and Welfare
Last Updated
Sep 23, 2026
Release point: 119-110