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42 U.S.C. § 3058b — Allotment

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 3058b — Allotment

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Source file: Laws/federal/codes/united-states-code/title-42/section-3058b-allotment--a75f7c8a41.md
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Source location: Title 42, Chapter 35, § 3058b; chapter-035-programs-for-older-americans.md

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**(a) In general** (1) **Population** — In carrying out the program described in [section 3058 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3058&num=0&edition=prelim), the Assistant Secretary shall initially allot to each State, from the funds appropriated under [section 3058a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3058a&num=0&edition=prelim) 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) **Minimum allotments** (A) *In general* — 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) *General minimum allotments* (i) *Minimum allotment for States* — No State shall be allotted less than one-half of 1 percent of the funds appropriated under [section 3058a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3058a&num=0&edition=prelim) for the fiscal year for which the determination is made. (ii) *Minimum allotment for territories* — 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3058a&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3058a&num=0&edition=prelim) for the fiscal year for which the determination is made. (C) *Minimum allotments for ombudsman and elder abuse programs* (i) *Ombudsman program* — No State shall be allotted for a fiscal year, from the funds appropriated under [section 3058a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3058a&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3024&num=0&edition=prelim) in fiscal year 2000 to carry out the State Long-Term Care Ombudsman program under subchapter III. (ii) *Elder abuse programs* — No State shall be allotted for a fiscal year, from the funds appropriated under [section 3058a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3058a&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3024&num=0&edition=prelim) in fiscal year 2000 to carry out programs with respect to the prevention of elder abuse, neglect, and exploitation under subchapter III. (D) *“State” defined* — 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) Reallotment** (1) **In general** — 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) **Availability** — 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) Withholding** 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3058d&num=0&edition=prelim), 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.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 3058 — Establishment

The Assistant Secretary, acting through the Administration, shall establish and carry out a program for making allotments to States to pay for the cost of carrying out vulnerable elder rights protection activities.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 3058

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 3024 — Allotment to States

**(a) In general** (1) From the sums appropriated under subsections (a) through (d) of [section 3023 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3023&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3023&num=0&edition=prelim) 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). (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. (D) (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

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 3024

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 3058d — Additional State plan requirements

**(a) Eligibility** In order to be eligible to receive an allotment under this part, a State shall include in the State plan submitted under [section 3027 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3027&num=0&edition=prelim)— (1) an assurance that the State, in carrying out any subpart of this part for which the State receives funding under this part, will establish programs in accordance with the requirements of the subpart and this subpart; (2) an assurance that the State will hold public hearings, and use other means, to obtain the views of older individuals, area agencies on aging, recipients of grants under subchapter X, and other interested persons and entities regarding programs carried out under this part; (3) an assurance that the State, in consultation with area agencies on aging, will identify and prioritize statewide activities aimed at ensuring that older individuals have access to, and assistance in securing and maintaining, benefits and rights; (4) an assurance that the State will use funds made available under this part for a subpart in addition to, and will not supplant, any funds that are expended under any Federal or State law in existence on the day before September 30, 1992, to carry out each of the vulnerable elder rights protection activities described in the subpart; (5) an assurance that the State will place no restrictions, other than the requirements referred to in clauses (i) through (iv) of [section 3058g(a)(5)(C) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3058g/a/5/C&num=0&edition=prelim), on the eligibility of entities for designation as local Ombudsman entities under [section 3058g(a)(5) of this title](https://uscode.house.gov/view.xhtml?r

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 3058d

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 3058a — Authorization of appropriations

**(a) Ombudsman program** There are authorized to be appropriated to carry out subpart II, $18,066,950 for fiscal year 2020, $19,150,967 for fiscal year 2021, $20,300,025 for fiscal year 2022, $21,518,027 for fiscal year 2023, and $22,809,108 for fiscal year 2024. **(b) Other programs** There are authorized to be appropriated to carry out subparts III and IV, $5,107,110 for fiscal year 2020, $5,413,537 for fiscal year 2021, $5,738,349 for fiscal year 2022, $6,082,650 for fiscal year 2023, and $6,447,609 for fiscal year 2024.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 3058a

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 3001 — Congressional declaration of objectives

The Congress hereby finds and declares that, in keeping with the traditional American concept of the inherent dignity of the individual in our democratic society, the older people of our Nation are entitled to, and it is the joint and several duty and responsibility of the governments of the United States, of the several States and their political subdivisions, and of Indian tribes to assist our older people to secure equal opportunity to the full and free enjoyment of the following objectives: (1) An adequate income in retirement in accordance with the American standard of living. (2) The best possible physical and mental health (including access to person-centered, trauma-informed services as appropriate) which science can make available and without regard to economic status. (3) Obtaining and maintaining suitable housing, independently selected, designed and located with reference to special needs and available at costs which older citizens can afford. (4) Full restoration services for those who require institutional care, and a comprehensive array of community-based, long-term care services adequate to appropriately sustain older people in their communities and in their homes, including support to family members and other persons providing voluntary care to older individuals needing long-term care services. (5) Opportunity for employment with no discriminatory personnel practices because of age. (6) Retirement in health, honor, dignity—after years of contribution to the economy. (7) Participating in and contributing to meaningful activity within the widest range of civic, cultural, education and training and recreational opportunities. (8) Efficient community services, including access to low-cost transportation, which provide a choice in supported living ar

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 3001

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Federal law — U.S. Code and appendices · legal_authorities

48 U.S.C. § 1681 — Continuance of civil government for Trust Territory of the Pacific Islands; assistance programs; maximum fiscal year costs; reimbursement

**(a)** Until Congress shall further provide for the government of the Trust Territory of the Pacific Islands, all executive, legislative, and judicial authority necessary for the civil administration of the Trust Territory shall continue to be vested in such person or persons and shall be exercised in such manner and through such agency or agencies as the President of the United States may direct or authorize. **(b)** The head of any department, corporation, or other agency of the executive branch of the Government may, upon the request of the Secretary of the Interior, extend to the Trust Territory of the Pacific Islands, with or without reimbursement, scientific, technical, and other assistance under any program administered by such agency, or extend to the Trust Territory any Federal program administered by such agency, if the assistance or program will promote the welfare of the Trust Territory, notwithstanding any provision of law under which the Trust Territory may otherwise be ineligible for the assistance or program: Provided, That the Secretary of the Interior shall not request assistance pursuant to this subsection that involves, in the aggregate, an estimated nonreimbursable cost in any one fiscal year in excess of $150,000: Provided further, That the cost of any program extended to the Trust Territory under this subsection shall be reimbursable out of appropriations authorized and made for the government of the Trust Territory pursuant to section 2 of this Act, as amended. The provisions of this subsection shall not apply to financial assistance under a grant-in-aid program.

Source: Supplied U.S. Code snapshot — release unconfirmed · 48 U.S.C. § 1681

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 3058g — State Long-Term Care Ombudsman program

**(a) Establishment** (1) **In general** — In order to be eligible to receive an allotment under [section 3058b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3058b&num=0&edition=prelim) from funds appropriated under [section 3058a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3058a&num=0&edition=prelim) and made available to carry out this subpart, a State agency shall, in accordance with this section— (A) establish and operate an Office of the State Long-Term Care Ombudsman; and (B) carry out through the Office a State Long-Term Care Ombudsman program. (2) **Ombudsman** — The Office shall be headed by an individual, to be known as the State Long-Term Care Ombudsman, who shall be selected from among individuals with expertise and experience in the fields of long-term care and advocacy. The Ombudsman shall be responsible for the management, including the fiscal management, of the Office. (3) **Functions** — The Ombudsman shall serve on a full-time basis, and shall, personally or through representatives of the Office— (A) identify, investigate, and resolve complaints that— (i) are made by, or on behalf of, residents, including residents with limited or no decisionmaking capacity and who have no known legal representative, and if such a resident is unable to communicate consent for an Ombudsman to work on a complaint directly involving the resident, the Ombudsman shall seek evidence to indicate what outcome the resident would have communicated (and, in the absence of evidence to the contrary, shall assume that the resident wishes to have the resident’s health, safety, welfare, and rights protected) and shall work to accomplish that outcome; and (ii) relate to act

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 3058g

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 3058i — Prevention of elder abuse, neglect, and exploitation

**(a) Establishment** In order to be eligible to receive an allotment under [section 3058b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3058b&num=0&edition=prelim) from funds appropriated under [section 3058a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3058a&num=0&edition=prelim) and made available to carry out this subpart, a State agency shall, in accordance with this section, and in consultation with area agencies on aging, develop and enhance programs to address elder abuse, neglect, and exploitation. **(b) Use of allotments** The State agency shall use an allotment made under subsection (a) to carry out, through the programs described in subsection (a), activities to develop, strengthen, and carry out programs for the prevention, detection, assessment, and treatment of, intervention in, investigation of, and response to elder abuse, neglect, and exploitation, including— (1) providing for public education and outreach to identify and prevent elder abuse, neglect, and exploitation; (2) providing for public education and outreach to promote financial literacy and prevent identity theft and financial exploitation of older individuals; (3) ensuring the coordination of services provided by area agencies on aging with services instituted under the State adult protection service program, State and local law enforcement systems, and courts of competent jurisdiction; (4) promoting the development of information and data systems, including elder abuse reporting systems, to quantify the extent of elder abuse, neglect, and exploitation in the State; (5) promoting the submission of data on elder abuse, neglect, and exploitation for the appropriate database of the Administration or

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 3058i

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 3058b — Allotment

Page 5819 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3058b Subsec. (c). Pub. L. 114–144, § 8(a)(3), struck out sub- sec. (c). Text read as follows: ‘‘There are authorized to be appropriated to carry out subpart IV of this part, such sums as may be necessary for fiscal year 2007, and such sums as may be necessary for subsequent fiscal years.’’ 2006—Pub. L. 109–365 substituted ‘‘2007’’ for ‘‘2001’’ in subsecs. (a) to (c). 2000—Pub. L. 106–501 amended section catchline and text generally, substituting provisions authorizing ap- propriations for subparts II, III, and IV of this part for fiscal year 2001 and subsequent fiscal years for provi- sions authorizing appropriations for subparts II, III, IV, and V of this part for fiscal years 1992 through 1995. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Subchapter 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 sec- tion 3001 of this title. § 3058b. Allotment (a) In general (1) Population In carrying out the program described in section 3058 of this title, the Assistant Sec- retary 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 popu- lation of older individuals in the State bears to the population of older individuals in all States. (2) Minimum allotments (A) In general After making the initial allotments de- scribed in paragraph (1), the Assistant Sec- retary shall adjust the allotments on a pro rata basis in accordance with subparagraphs (B) and (C). (B) General minimum allotments (i) Minimum allotment for States No State shall be allotted less than one- half of

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 3058b

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