§ 3024. Allotment to States

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(a)In general

(1)From the sums appropriated under subsections

(a)through

(d)of section 3023 of this title for each fiscal year, each State shall be allotted an amount which bears the same ratio to such sums as the population of older individuals in such State bears to the population of older individuals in all States.

(2)In determining the amounts allotted to States from the sums appropriated under section 3023 of this title for a fiscal year, the Assistant Secretary shall first determine the amount allotted to each State under paragraph

(1)and then proportionately adjust such amounts, if necessary, to meet the requirements of paragraph (3).

(A)No State shall be allotted less than ½ of 1 percent of the sum appropriated for the fiscal year for which the determination is made.

(B)Guam and the United States Virgin Islands shall each be allotted not less than ¼ of 1 percent of the sum appropriated for the fiscal year for which the determination is made.

(C)American Samoa and the Commonwealth of the Northern Mariana Islands shall each be allotted not less than 1⁄16 of 1 percent of the sum appropriated for the fiscal year for which the determination is made. For the purposes of the exception contained in subparagraph

(A)only, the term “State” does not include Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands.

(i)In this subparagraph and paragraph (5)—

(I)the term “allot” means allot under this subsection from a sum appropriated under section 3023(a) or 3023(b)(1) of this title, as the case may be; and

(II)the term “covered fiscal year” means any of fiscal years 2020 through 2029.

(ii)If the sum appropriated under section 3023(a) or 3023(b)(1) of this title for a particular covered fiscal year is less than or equal to the sum appropriated under section 3023(a) or 3023(b)(1) of this title, respectively, for fiscal year 2019, amounts shall be allotted to States from the sum appropriated for the particular year in accordance with paragraphs

(1)and (2), and subparagraphs

(A)through

(C)as applicable, but no State shall be allotted an amount that is less than—

(I)for fiscal year 2020, 99.75 percent of the State’s allotment from the corresponding sum appropriated for fiscal year 2019;

(II)for fiscal year 2021, 99.50 percent of that allotment;

(III)for fiscal year 2022, 99.25 percent of that allotment;

(IV)for fiscal year 2023, 99.00 percent of that allotment;

(V)for fiscal year 2024, 98.75 percent of that allotment;

(VI)for fiscal year 2025, 98.50 percent of that allotment;

(VII)for fiscal year 2026, 98.25 percent of that allotment;

(VIII)for fiscal year 2027, 98.00 percent of that allotment;

(IX)for fiscal year 2028, 97.75 percent of that allotment; and

(X)for fiscal year 2029, 97.50 percent of that allotment.

(iii)If the sum appropriated under section 3023(a) or 3023(b)(1) of this title for a particular covered fiscal year is greater than the sum appropriated under section 3023(a) or 3023(b)(1) of this title, respectively, for fiscal year 2019, the allotments to States from the sum appropriated for the particular year shall be calculated as follows:

(I)From the portion equal to the corresponding sum appropriated for fiscal year 2019, amounts shall be allotted in accordance with paragraphs

(1)and (2), and subparagraphs

(A)through

(C)as applicable, but no State shall be allotted an amount that is less than the percentage specified in clause (ii), for that particular year, of the State’s allotment from the corresponding sum appropriated for fiscal year 2019.

(II)From the remainder, amounts shall be allotted in accordance with paragraph (1), subparagraphs

(A)through

(C)as applicable, and paragraph

(2)to the extent needed to meet the requirements of those subparagraphs.

(4)The number of individuals aged 60 or older in any State and in all States shall be determined by the Assistant Secretary on the basis of the most recent data available from the Bureau of the Census, and other reliable demographic data satisfactory to the Assistant Secretary.

(5)State allotments for a fiscal year under this section shall be proportionally reduced to the extent that appropriations may be insufficient to provide the full allotments as required by paragraph (3).

(b)Unused funds Whenever the Assistant Secretary determines that any amount allotted to a State under part B or C, or part E, for a fiscal year under this section will not be used by such State for carrying out the purpose for which the allotment was made, the Assistant Secretary shall make such allotment available for carrying out such purpose to one or more other States to the extent the Assistant Secretary determines that such other States will be able to use such additional amount for carrying out such purpose. Any amount made available to a State from an appropriation for a fiscal year in accordance with the preceding sentence shall, for purposes of this subchapter, be regarded as part of such State’s allotment (as determined under subsection (a)) for such year, but shall remain available until the end of the succeeding fiscal year.

(c)Withholding of funds; disbursement If the Assistant Secretary finds that any State has failed to qualify under the State plan requirements of section 3027 of this title or the Assistant Secretary does not approve the funding formula required under section 3025(a)(2)(C) of this title, the Assistant Secretary shall withhold the allotment of funds to such State referred to in subsection (a). The Assistant Secretary shall disburse the funds so withheld directly to any public or private nonprofit institution or organization, agency, or political subdivision of such State submitting an approved plan under section 3027 of this title, which includes an agreement that any such payment shall be matched in the proportion determined under subsection (d)(1)(D) for such State, by funds or in-kind resources from non-Federal sources.

(d)Costs of administration, ombudsman program, demonstration projects, supportive services, senior centers and nutrition services; payment and determination of non-Federal share

(1)From any State’s allotment, after the application of section 3028(b) of this title, under this section for any fiscal year—

(A)such amount as the State agency determines, but not more than 10 percent thereof, shall be available for paying such percentage as the agency determines, but not more than 75 percent, of the cost of administration of area plans;

(B)such amount as the State agency determines to be adequate for conducting an effective ombudsman program under section 3027(a)(9) of this title shall be available for conducting such program;

(C)not less than $150,000 and not more than 4 percent of the amount allotted to the State for carrying out part B, shall be available for conducting outreach demonstration projects under section 3058e of this title; and

(D)the remainder of such allotment shall be available to such State only for paying such percentage as the State agency determines, but not more than 85 percent of the cost of supportive services, senior centers, and nutrition services under this subchapter provided in the State as part of a comprehensive and coordinated system in planning and service areas for which there is an area plan approved by the State agency.

(2)The non-Federal share shall be in cash or in kind. In determining the amount of the non-Federal share, the Assistant Secretary may attribute fair market value to services and facilities contributed from non-Federal sources.

(Pub. L. 89–73, title III, § 304, as added Pub. L. 95–478, title I, § 103(b), Oct. 18, 1978, 92 Stat. 1519; amended Pub. L. 97–115, § 4, Dec. 29, 1981, 95 Stat. 1597; Pub. L. 98–459, title III, § 304, Oct. 9, 1984, 98 Stat. 1772; Pub. L. 100–175, title I, §§ 123, 155(c), (d), 182(f), Nov. 29, 1987, 101 Stat. 933, 952, 965; Pub. L. 102–375, title III, § 304, title IX, § 904(a)(10), Sept. 30, 1992, 106 Stat. 1221, 1306; Pub. L. 103–171, § 3(a)(13), Dec. 2, 1993, 107 Stat. 1990;

Pub. L. 106–501, title III, § 303, title VIII, § 801(c)(2), Nov. 13, 2000, 114 Stat. 2239, 2292; Pub. L. 109–365, title III, § 304, Oct. 17, 2006, 120 Stat. 2539; Pub. L. 114–144, § 4(b), Apr. 19, 2016, 130 Stat. 338; Pub. L. 116–131, title II, § 204, title VII, § 701(6), (7), Mar. 25, 2020, 134 Stat. 255, 271.)

Repeal of Subsection (a)(3)(D)

Pub. L. 116–131, title II, § 204(b), Mar. 25, 2020, 134 Stat. 256, provided that, effective October 1, 2029, subsection (a)(3)(D) of this section is repealed. See 2020 Amendment note below.

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