§3056d. National grants or contracts and State allotments for projects

(a) Reservation of appropriations; national activities based on level of activities in fiscal year 1978; equitable distribution of aggregate activities; transitional employment funds; allotment of excess appropriations based on amount appropriated in fiscal year 1991; allotment formula; preferences in awards; demographics

(1)(A) Subject to subparagraph (B) and paragraph (2), from sums appropriated under this subchapter for each fiscal year, the Secretary shall first reserve such sums as may be necessary for national grants or contracts with public agencies and public or nonprofit private organizations to maintain the level of activities carried on under such grants or contracts at least at the level of such activities supported under this subchapter and under any other provision of Federal law relating to community service employment programs for older Americans in fiscal year 1978.

(B)(i)(I) For each fiscal year in which the sums appropriated under this subchapter exceed the amount appropriated under this subchapter for fiscal year 1978, the Secretary shall reserve not more than 45 percent of such excess, except as provided in subclause (II), to carry out clauses (ii), (iii), and (v).

(II) The Secretary shall reserve a sum sufficient to carry out clauses (iii) and (v).

(III) The Secretary in awarding grants and contracts under this paragraph from the sum reserved under this paragraph shall, to the extent feasible, assure an equitable distribution of activities under such grants and contracts designed to achieve the allotment among the States described in paragraph (3) of this subsection.

(ii) The Secretary shall reserve such sums as may be necessary for national grants or contracts with public or nonprofit national Indian aging organizations with the ability to provide employment services to older Indians and with national public or nonprofit Pacific Island and Asian American aging organizations with the ability to provide employment services to older Pacific Island and Asian Americans.

(iii) If the amount appropriated under this subchapter for a fiscal year exceeds 102 percent of the amount appropriated under this subchapter for fiscal year 1991, for each fiscal year described in clause (iv), the Secretary shall reserve for recipients of national grants and contracts under this paragraph such portion of the excess amount as the Secretary determines to be appropriate and is-

(I) at least 25 percent of the excess amount; or

(II) the portion required to increase the amount made available under this paragraph to each of the recipients so that the amount equals 1.3 percent of the amount appropriated under this subchapter for fiscal year 1991.

(iv) From the portion reserved under clause (iii), the Secretary shall increase the amount made available under this paragraph to each of the recipients-

(I) for each fiscal year before the fiscal year described in subclause (II), so that such amount equals, or more closely approaches, such 1.3 percent; and

(II) for the first fiscal year for which the portion is sufficient to make available under this paragraph to each of the recipients the amount equal to such 1.3 percent, so that such amount is not less than such 1.3 percent.

(v) For each fiscal year after the fiscal year described in clause (iv)(II), the Secretary shall make available under this paragraph to each of the recipients an amount not less than such 1.3 percent.

(C) Preference in awarding grants and contracts under this paragraph shall be given to national organizations, and agencies, of proven ability in providing employment services to eligible individuals under this program and similar programs. The Secretary, in awarding grants and contracts under this section, shall, to the extent feasible, assure an equitable distribution of activities under such grants and contracts, in the aggregate, among the States, taking into account the needs of underserved States, subject to subparagraph (B)(i)(III).

(2)(A) From sums appropriated under this subchapter for each fiscal year after September 30, 1978, the Secretary shall reserve an amount which is at least 1 percent and not more than 3 percent of the amount appropriated in excess of the amount appropriated for fiscal year 1978 for the purpose of entering into agreements under section 3056(e) of this title, relating to improved transition to private employment.

(B) After the Secretary makes the reservations required by paragraph (1)(B) and subparagraph (A), the remainder of such excess shall be allotted to the appropriate public agency of each State pursuant to paragraph (3).

(3) The Secretary shall allot to the State agency on aging of each State the remainder of the sums appropriated for any fiscal year under section 3056f of this title so that each State will receive an amount which bears the same ratio to such remainder as the product of the number of persons aged fifty-five or over in the State and the allotment percentage of such State bears to the sum of the corresponding product for all States, except that (A) no State shall be allotted less than one-half of 1 percent of the remainder of the sums appropriated for the fiscal year for which the determination is made, or $100,000, whichever is greater, and (B) Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, and the Trust Territory of the Pacific Islands shall each be allotted an amount which is not less than one-fourth of 1 percent of the remainder of the sums appropriated for the fiscal year for which the determination is made, or $50,000, whichever is greater. For the purpose of the exception contained in this paragraph the term "State" does not include Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, and the Trust Territory of the Pacific Islands.

(4) For the purpose of this subsection-

(A) the allotment percentage of each State shall be 100 percent less that percentage which 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 (i) the allotment percentage shall in no case be more than 75 percent or less than 331/3 percent, and (ii) the allotment percentage for the District of Columbia, the Commonwealth of Puerto Rico, Guam, the United States Virgin Islands, American Samoa, the Commonwealth of the Northern Mariana Islands, and the Trust Territory of the Pacific Islands shall be 75 percent;

(B) the number of persons aged fifty-five or over 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

(C) for the purpose of determining the allotment percentage, the term "United States" means the fifty States and the District of Columbia.

(b) Reallotments

The amount allotted for projects within any State under subsection (a) of this section for any fiscal year which the Secretary determines will not be required for such year shall be reallotted, from time to time and on such dates during such year as the Secretary may fix, to projects within other States in proportion to the original allotments to projects within such States under subsection (a) of this section for such year, but with such proportionate amount for any of such other States being reduced to the extent it exceeds the sum the Secretary estimates that projects within such State need and will be able to use for such year; and the total of such reductions shall be similarly reallotted among the States whose proportionate amounts were not so reduced. Any amount reallotted to a State under this subsection during a year shall be deemed part of its allotment under subsection (a) of this section for such year.

(c) Equitable distribution of assistance

The amount apportioned for projects within each State under subsection (a) of this section shall be apportioned among areas within each such State in an equitable manner, taking into consideration (1) the proportion which eligible individuals in each such area bears to the total number of such individuals, respectively, in that State, (2) the relative distribution of such individuals residing in rural and urban areas within the State, and (3) the relative distribution of (A) such individuals who are individuals with greatest economic need, (B) such individuals who are minority individuals, and (C) such individuals who are individuals with greatest social need.

(d) Compliance reports by State agencies

The Secretary shall require the State agency for each State receiving funds under this subchapter to report at the beginning of each fiscal year on such State's compliance with subsection (c) of this section. Such report shall include the names and geographic location of all projects assisted under this subchapter and carried out in the State and the amount allotted to each such project.

(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.)

Prior Provisions

A prior section 506 of Pub. L. 89–73, title V, as added Pub. L. 93–29, title V, §501, May 3, 1973, 87 Stat. 51 , related to mortgage insurance for Multipurpose Senior Centers and was classified to section 3041e of this title, prior to repeal by Pub. L. 95–478, title V, §501(a), Oct. 18, 1978, 92 Stat. 1558 .

Amendments

1992-Subsec. (a)(1), (2). Pub. L. 102–375, §504(a), amended pars. (1) and (2) generally. Prior to amendment, pars. (1) and (2) related to national grants and contracts based on level of activities in fiscal year 1978, preferences in awards, equitable distribution of aggregate activities, transitional employment funds, and State allotments.

Subsec. (a)(3). Pub. L. 102–375, §904(b)(2), substituted "United States Virgin Islands" for "Virgin Islands" in two places.

Pub. L. 102–375, §504(c)(1), substituted "percent" for "per centum" in two places.

Subsec. (a)(4)(A). Pub. L. 102–375, §904(b)(2), substituted "United States Virgin Islands" for "Virgin Islands".

Pub. L. 102–375, §504(c)(1), substituted "percent" for "per centum" wherever appearing.

Subsec. (a)(4)(B). Pub. L. 102–375, §504(c)(3), substituted "the Secretary" for "him" before semicolon.

Subsec. (c)(3). Pub. L. 102–375, §504(b), added cl. (3).

1987-Subsec. (a)(1)(A). Pub. L. 100–175, §162(b), inserted provision relating to reservation of sums for grants and contracts with national public and nonprofit Indian aging organizations and Pacific Island and Asian American aging organizations, which organizations have the ability of providing employment services.

Subsec. (a)(4)(A). Pub. L. 100–175, §182(b)(3), substituted "the Commonwealth of Puerto Rico" for "Puerto Rico".

1984-Subsec. (a)(3). Pub. L. 98–459, §503(a), substituted "shall allot to the State agency" for "shall allot to State agency".

Subsec. (d). Pub. L. 98–459, §503(b), added subsec. (d).

1981-Subsec. (a)(1)(B). Pub. L. 97–115, §12(e)(2), substituted "shall reserve an amount which is equal to at least 1 per centum but not more than 3 per centum" for "may reserve an amount not to exceed one per centum".

Subsec. (a)(2). Pub. L. 97–115, §12(e)(1), (3)(A), inserted provision that the Secretary in awarding grants and contracts under such par. (1) from such 45 per centum, to the extent feasible, assure an equitable distribution of activities under such grants and contracts designed to achieve the allotment among the States described in par. (3) and substituted "allotted to the appropriate public agency of each State pursuant to" for "allotted pursuant to".

Subsec. (a)(3). Pub. L. 97–115, §12(e)(3)(B), substituted "to State agency on aging of each State" for "for projects within each State" and inserted reference to the Commonwealth of the Northern Mariana Islands in two places.

Subsec. (a)(4)(A). Pub. L. 97–115, §12(e)(3)(C), inserted reference to the Commonwealth of the Northern Mariana Islands.

1978-Subsec. (a)(1). Pub. L. 95–478, §105(e)(1), designated existing provisions as subpar. (A), inserted introductory text "Subject to the provisions of paragraph (2)" and substituted "fiscal year 1978" for "the fiscal year ending June 30, 1975", and added subpar. (B).

Subsec. (a)(2) to (4). Pub. L. 95–478, §105(e)(2), added par. (2) and redesignated existing pars. (2) and (3) as (3) and (4), respectively.

Effective Date of 1992 Amendment

Amendment by section 504(a)–(c)(1), (3) of Pub. L. 102–375 inapplicable with respect to fiscal year 1992, see section 905(b)(4) of Pub. L. 102–375, set out as a note under section 3001 of this title.

Amendment by section 904(b)(2) of Pub. L. 102–375 effective Sept. 30, 1992, see section 905(a) of Pub. L. 102–375, set out as a note under section 3001 of this title.

Effective Date of 1987 Amendment

Amendment by Pub. L. 100–175 effective Oct. 1, 1987, except not applicable with respect to any area plan submitted under section 3026(a) of this title or any State plan submitted under section 3027(a) of this title and approved for any fiscal year beginning before Nov. 29, 1987, see section 701(a), (b) of Pub. L. 100–175, set out as a note under section 3001 of this title.

Effective Date of 1984 Amendment

Amendment by Pub. L. 98–459 effective Oct. 9, 1984, see section 803(a) of Pub. L. 98–459, set out as a note under section 3001 of this title.

Effective Date of 1978 Amendment

Amendment by Pub. L. 95–478 effective at close of Sept. 30, 1978, see section 504 of Pub. L. 95–478, set out as a note under section 3001 of this title.

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.

Section Referred to in Other Sections

This section is referred to in section 3056 of this title; title 29 section 2942.