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 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. Page 5820 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3058c 1789, related to older Americans personal health edu- cation and training program, 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 ex- ceptions. A prior section 703 of Pub. L. 89–73 was classified to section 3045b of this title prior to repeal by Pub. L. 95–478. AMENDMENTS 2000—Subsec. (a)(2)(C)(i). Pub. L. 106–501, §§ 702, 801(e)(1)(A), substituted ‘‘section 3058a of this title and made available to carry out subpart II of this part’’ for ‘‘section 3058a(a) of this title’’ and ‘‘2000’’ for ‘‘1991’’. Subsec. (a)(2)(C)(ii). Pub. L. 106–501, §§ 702, 801(e)(1)(B), substituted ‘‘section 3058a of this title and made avail- able to carry out subpart III of this part’’ for ‘‘section 3058a(b) of this title’’ and ‘‘2000’’ for ‘‘1991’’. 1993—Pub. L. 103–171 substituted ‘‘Assistant Sec- retary’’ for ‘‘Commissioner’’ wherever appearing. 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. Executive Documents TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS For termination of Trust Territory of the Pacific Is- lands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions. § 3058c. Organization In order for a State to be eligible to receive al- lotments under this part— (1) the State shall demonstrate eligibility under section 3025 of this title; (2) the State agency designated by the State shall demonstrate compliance with the appli- cable requirements of section 3025 of this title; and (3) each area agency on aging designated by the State agency and participating in such a program shall demonstrate compliance with the applicable requirements of section 3025 of this title. (Pub. L. 89–73, title VII, § 704, as added Pub. L. 102–375, title VII, § 701, Sept. 30, 1992, 106 Stat. 1273.) Editorial Notes PRIOR PROVISIONS A prior section 3058c, Pub. L. 89–73, title VII, § 705, as added Pub. L. 98–459, title VII, § 701, Oct. 9, 1984, 98 Stat. 1791, related to administration of program, prior to re- peal 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 704 of Pub. L. 89–73 was classified to section 3045c of this title prior to repeal by Pub. L. 95–478. Statutory Notes and Related Subsidiaries EFFECTIVE DATE 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. § 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— (1) an assurance that the State, in carrying out any subpart of this part for which the State receives funding under this part, will es- tablish programs in accordance with the re- quirements of the subpart and this subpart; (2) an assurance that the State will hold public hearings, and use other means, to ob- tain the views of older individuals, area agen- cies on aging, recipients of grants under sub- chapter X, and other interested persons and entities regarding programs carried out under this part; (3) an assurance that the State, in consulta- tion 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 sub- part in addition to, and will not supplant, any funds that are expended under any Federal or State law in existence on the day before Sep- tember 30, 1992, to carry out each of the vul- nerable elder rights protection activities de- scribed in the subpart; (5) an assurance that the State will place no restrictions, other than the requirements re- ferred to in clauses (i) through (iv) of section 3058g(a)(5)(C) of this title, on the eligibility of entities for designation as local Ombudsman entities under section 3058g(a)(5) of this title; (6) an assurance that, with respect to pro- grams for the prevention of elder abuse, ne- glect, and exploitation under subpart III of this part— (A) in carrying out such programs the State agency will conduct a program of serv- ices consistent with relevant State law and coordinated with existing State adult pro- tective service activities for— (i) public education to identify and pre- vent elder abuse; (ii) receipt of reports of elder abuse; (iii) active participation of older individ- uals participating in programs under this chapter through outreach, conferences, and referral of such individuals to other social service agencies or sources of assist- ance if appropriate and if the individuals to be referred consent; and (iv) referral of complaints to law en- forcement or public protective service agencies if appropriate; (B) the State will not permit involuntary or coerced participation in the program of services described in subparagraph (A) by al- leged victims, abusers, or their households; and (C) all information gathered in the course of receiving reports and making referrals shall remain confidential except—