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

Page 5818 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3057o cal year 1988, $16,265,000 for fiscal year 1989, $19,133,000 for fiscal year 1990, and $22,105,000 for fiscal year 1991, designating over 90 percent of such appropriations to carry out part A of this subchapter and less than 10 per- cent of such appropriations to carry out part B of this subchapter, along with provisions providing a pref- erence for funding of such part A if actual amounts of appropriations fall below 1987 levels and a preference for funding of such part B if the actual amounts of ap- propriations exceed 1987 levels. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section 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 an Effective Date of 1987 Amendment note under section 3001 of this title. § 3057o. Funding set aside Of the funds appropriated under section 3057n(1) for a fiscal year, not more than 5 per- cent shall be made available to carry out part D for such fiscal year, provided that for such fiscal year— (1) the funds appropriated for parts A and B are greater than the funds appropriated for fis- cal year 2019; and (2) the Assistant Secretary makes available for parts A and B no less than the amount of resources made available for fiscal year 2019. (Pub. L. 89–73, title VI, § 644, as added Pub. L. 116–131, title V, § 501(1)(B), Mar. 25, 2020, 134 Stat. 267.) SUBCHAPTER XI—ALLOTMENTS FOR VUL- NERABLE ELDER RIGHTS PROTECTION ACTIVITIES PART A—STATE PROVISIONS SUBPART I—GENERAL STATE PROVISIONS § 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. (Pub. L. 89–73, title VII, § 701, as added Pub. L. 102–375, title VII, § 701, Sept. 30, 1992, 106 Stat. 1271; amended Pub. L. 103–171, § 3(a)(13), Dec. 2, 1993, 107 Stat. 1990.) Editorial Notes PRIOR PROVISIONS A prior section 3058, Pub. L. 89–73, title VII, § 702, as added Pub. L. 98–459, title VII, § 701, Oct. 9, 1984, 98 Stat. 1788, related to Congressional declaration of findings, 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 701 of title VII of Pub. L. 89–73, as added by Pub. L. 98–459, title VII, § 701, Oct. 9, 1984, 98 Stat. 1788, provided that this subchapter be cited as the ‘‘Older Americans Personal Health Education and Training Act’’, 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. Another prior section 701 of Pub. L. 89–73 was classi- fied to section 3045 of this title prior to repeal by Pub. L. 95–478. AMENDMENTS 1993—Pub. L. 103–171 substituted ‘‘Assistant Sec- retary’’ for ‘‘Commissioner’’. 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 Effec- tive 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 Ef- fective Date of 1992 Amendment note under section 3001 of this title. § 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. (Pub. L. 89–73, title VII, § 702, as added Pub. L. 102–375, title VII, § 701, Sept. 30, 1992, 106 Stat. 1271; amended Pub. L. 106–501, title VII, § 701, Nov. 13, 2000, 114 Stat. 2289; Pub. L. 109–365, title VII, § 701, Oct. 17, 2006, 120 Stat. 2591; Pub. L. 114–144, § 8(a), Apr. 19, 2016, 130 Stat. 346; Pub. L. 116–131, title VI, § 601, Mar. 25, 2020, 134 Stat. 268.) Editorial Notes PRIOR PROVISIONS A prior section 3058a, Pub. L. 89–73, title VII, § 703, as added Pub. L. 98–459, title VII, § 701, Oct. 9, 1984, 98 Stat. 1789, related to statement of purposes, prior to repeal by Pub. L. 100–175, title I, § 181, title VIII, § 701(a), (b), Nov. 29, 1987, 101 Stat. 964, 983, effective Oct. 1, 1987, with certain exceptions. A prior section 702 of Pub. L. 89–73 was classified to section 3045a of this title prior to repeal by Pub. L. 95–478. AMENDMENTS 2020—Pub. L. 116–131 added subsecs. (a) and (b) and struck out former subsecs. (a) and (b) which related to authorization of appropriations to carry out subparts II to IV of this part for fiscal years 2017 to 2019. 2016—Subsec. (a). Pub. L. 114–144, § 8(a)(1), which di- rected substitution of ‘‘$16,280,630 for fiscal year 2017, $16,621,101 for fiscal year 2018, and $16,961,573 for fiscal year 2019.’’ for ‘‘such sums’’ and all that followed through the period at the end, was executed by making the substitution for ‘‘such sums as may be necessary for fiscal year 2007, and such sums as may be necessary for subsequent fiscal years.’’ to reflect the probable in- tent of Congress. Subsec. (b). Pub. L. 114–144, § 8(a)(2), added subsec. (b) and struck out former subsec. (b). Prior to amendment, text read as follows: ‘‘There are authorized to be appro- priated to carry out subpart III of this part, such sums as may be necessary for fiscal year 2007, and such sums as may be necessary for subsequent fiscal years.’’ 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 1 percent of the funds appropriated under section 3058a of this title for the fis- cal 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 Is- lands, shall each be allotted not less than one-fourth of 1 percent of the funds appro- priated under section 3058a of this title for the fiscal year for which the determina- tion 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 ap- propriated under section 3058a of this title for the fiscal year for which the deter- mination 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 and made avail- able 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) Elder abuse programs No State shall be allotted for a fiscal year, from the funds appropriated under section 3058a of this title and made avail- able 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 re- spect to the prevention of elder abuse, ne- glect, and exploitation under subchapter III. (D) ‘‘State’’ defined For the purposes of this paragraph, the term ‘‘State’’ does not include Guam, Amer- ican Samoa, the United States Virgin Is- lands, the Trust Territory of the Pacific Is- lands, and the Commonwealth of the North- ern 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 Sec- retary 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 accord- ance 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 ac- cordance with the assurances made and descrip- tion provided under section 3058d of this title, the Assistant Secretary shall withhold the allot- ment of funds to the State. The Assistant Sec- retary 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 con- taining the assurances and description. (Pub. L. 89–73, title VII, § 703, as added Pub. L. 102–375, title VII, § 701, Sept. 30, 1992, 106 Stat. 1271; amended Pub. L. 103–171, § 3(a)(13), Dec. 2, 1993, 107 Stat. 1990; Pub. L. 106–501, title VII, § 702, title VIII, § 801(e)(1), Nov. 13, 2000, 114 Stat. 2289, 2293.) 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.