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

Page 5719 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3024 $350,300,000 for fiscal year 1984, and substituted ‘‘(relat- ing to supportive services and senior centers)’’ for ‘‘(re- lating to social services)’’. Subsec. (b)(1). Pub. L. 97–115, § 3(c)(2), inserted provi- sions authorizing appropriations of $319,100,000 for fis- cal year 1982, $341,400,000 for fiscal year 1983, and $365,300,000 for fiscal year 1984. Subsec. (b)(2). Pub. L. 97–115, § 3(c)(3), inserted provi- sions authorizing appropriations of $60,000,000 for fiscal year 1982, $64,200,000 for fiscal year 1983, and $68,700,000 for fiscal year 1984. Subsec. (c)(2). Pub. L. 97–115, § 3(d), substituted ‘‘sup- portive services’’ for ‘‘social services’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1992 AMENDMENTS Amendment by sections 303(a)(2), (3) and 708(c)(3) of Pub. L. 103–171 inapplicable with respect to fiscal year 1993, see section 4(b) of Pub. L. 103–171, set out as a note under section 3001 of this title. Amendment by sections 303(a)(2), (3), (f), 316(b), and 708(c)(3) of Pub. L. 102–375 inapplicable with respect to fiscal year 1992, see section 905(b)(2), (6) 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 sub- mitted 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 Section effective at close of Sept. 30, 1978, see section 504 of Pub. L. 95–478, set out as an Effective Date of 1978 Amendment note under section 3001 of this title. § 3024. Allotment to States (a) In general (1) From the sums appropriated under sub- sections (a) through (d) of section 3023 of this title for each fiscal year, each State shall be al- lotted 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 in- dividuals in all States. (2) In determining the amounts allotted to States from the sums appropriated under sec- tion 3023 of this title for a fiscal year, the As- sistant 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 1⁄2 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 1⁄4 of 1 per- cent 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 de- termination is made. For the purposes of the ex- ception 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 Is- lands. (D)(i) In this subparagraph and paragraph (5)— (I) the term ‘‘allot’’ means allot under this subsection from a sum appropriated under sec- tion 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 ap- propriated 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 fol- lows: (I) From the portion equal to the cor- responding 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), sub- paragraphs (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 deter- mined by the Assistant Secretary on the basis of Page 5720 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3024 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 insuffi- cient 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 sec- tion 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 pur- pose 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 ap- propriation 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 re- quirements of section 3027 of this title or the As- sistant Secretary does not approve the funding formula required under section 3025(a)(2)(C) of this title, the Assistant Secretary shall with- hold the allotment of funds to such State re- ferred to in subsection (a). The Assistant Sec- retary shall disburse the funds so withheld di- rectly to any public or private nonprofit institu- tion or organization, agency, or political sub- division of such State submitting an approved plan under section 3027 of this title, which in- cludes 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 pro- gram, demonstration projects, supportive services, senior centers and nutrition serv- ices; payment and determination of non-Fed- eral share (1) From any State’s allotment, after the ap- plication of section 3028(b) of this title, under this section for any fiscal year— (A) such amount as the State agency deter- mines, 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 deter- mines to be adequate for conducting an effec- tive 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 nutri- tion services under this subchapter provided in the State as part of a comprehensive and co- ordinated 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 at- tribute fair market value to services and facili- ties 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 Octo- ber 1, 2029, subsection (a)(3)(D) of this section is repealed. See 2020 Amendment note below. Editorial Notes PRIOR PROVISIONS A prior section 3024, Pub. L. 89–73, title III, § 304, as added Pub. L. 93–29, title III, § 301, May 3, 1973, 87 Stat. 38; Pub. L. 94–135, title I, §§ 105, 106(c), Nov. 28, 1975, 89 Stat. 715, 716, related to designation of state and area agencies, area plan provisions, and transportation serv- ices and funds, prior to the general amendment of this subchapter by Pub. L. 95–478. See sections 3025 and 3026 of this title. Another prior section 3024, Pub. L. 89–73, title III, § 304, July 14, 1965, 79 Stat. 223; Pub. L. 90–42, § 3, July 1, 1967, 81 Stat. 107; Pub. L. 91–69, § 4(b), Sept. 17, 1969, 83 Stat. 108, related to planning, coordination, and eval- uation and administration of State plans, providing in: subsec. (a) authorization of appropriations, amount of payment, and availability of unexpended funds; subsec. (b) amount of allotment, determination of additional amount, adjustments, minimum amount, and avail- ability of unexpended amount; subsec. (c) reallotment to other States; and subsec. (d) minimum State expend- iture of funds, prior to repeal by Pub. L. 93–29, title III, § 301, May 3, 1973, 87 Stat. 36. Provisions similar to those comprising this section were contained in Pub. L. 89–73, title III, § 303, as added Pub. L. 93–29, title III, § 301, May 3, 1973, 87 Stat. 37; Pub. L. 94–135, title I, §§ 104(a), (c), (d), 112(b), 114(d), Nov. 28, 1975, 89 Stat. 714, 715, 719, 725, which was classi- fied to section 3023 of this title prior to repeal by Pub. L. 95–478. A prior section 3024a, Pub. L. 89–73, title III, § 305, as added Pub. L. 91–69, § 5, Sept. 17, 1969, 83 Stat. 110, re- lated to areawide model projects, grants to or contracts with State agencies, amount, purposes of projects, and authorization of appropriations, prior to repeal by Pub. L. 93–29, title III, § 301, May 3, 1973, 87 Stat. 36. Page 5721 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3024 AMENDMENTS 2020—Subsec. (a)(3)(C). Pub. L. 116–131, § 701(6), made technical correction in original Act to quotation marks around ‘‘State’’. Subsec. (a)(3)(D). Pub. L. 116–131, § 204(b), struck out subpar. (D) which related to amounts alloted to States based on appropriations from fiscal years 2020 to 2029 relative to those from fiscal year 2019. Pub. L. 116–131, § 204(a), amended subpar. (D) gen- erally. Prior to amendment, subpar. (D) read as follows: ‘‘(i) For each of fiscal years 2017 through 2019, no State shall be allotted an amount that is less than 99 percent of the amount allotted to such State for the previous fiscal year. ‘‘(ii) For fiscal year 2020 and each subsequent fiscal year, no State shall be allotted an amount that is less than 100 percent of the amount allotted to such State for fiscal year 2019.’’ Subsec. (a)(5). Pub. L. 116–131, § 204(c), substituted ‘‘as required by paragraph (3)’’ for ‘‘of the prior year’’. Subsec. (d)(1)(B). Pub. L. 116–131, § 701(7), struck out ‘‘(excluding any amount attributable to funds appro- priated under section 3023(a)(3) of this title)’’ after ‘‘such amount’’. 2016—Subsec. (a)(3)(D). Pub. L. 114–144, § 4(b)(1), added subpar. (D) and struck out former subpar. (D) which re- lated to allotments and increases for fiscal years 2007 to 2010 based on fiscal year 2006. Subsec. (b). Pub. L. 114–144, § 4(b)(2), struck out ‘‘sub- part I of’’ before ‘‘part E’’. 2006—Subsec. (a)(3)(D). Pub. L. 109–365 amended sub- par. (D) generally. Prior to amendment, subpar. (D) read as follows: ‘‘No State shall be allotted less than the total amount allotted to the State for fiscal year 2000 and no State shall receive a percentage increase above the fiscal year 2000 allotment that is less than 20 percent of the percentage increase above the fiscal year 2000 allotments for all of the States.’’ 2000—Subsec. (a). Pub. L. 106–501, § 303(a), added sub- sec. (a) and struck out former subsec. (a) which read as follows: ‘‘(a)(1) Subject to paragraphs (2) and (3), from the sums appropriated under 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 popu- lation of older individuals in such State bears to the population of older individuals in all States, except that (A) no State shall be allotted less than one-half of 1 percent of the sum appropriated for the fiscal year for which the determination is made; (B) 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 sum appropriated for the fis- cal year for which the determination is made; and (C) American Samoa and the Commonwealth of the North- ern Mariana Islands shall each be allotted not less than one-sixteenth of 1 percent of the sum appropriated for the fiscal year for which the determination is made. For the purposes of paragraph (3) and the exception contained in subparagraph (A) only, the term ‘State’ does not include Guam, American Samoa, the United States Virgin Islands, the Trust Territory of the Pa- cific Islands, and the Commonwealth of the Northern Mariana Islands. ‘‘(2) No State shall be allotted less than the total amount allotted to the State under paragraph (1) of this subsection and section 3028 of this title for fiscal year 1987. ‘‘(3) No State shall be allotted, from the amount ap- propriated under section 3023(g) of this title, less than $50,000 for any fiscal year. ‘‘(4) The number of individuals aged 60 or older in any State and in all States shall be determined by the As- sistant Secretary on the basis of the most recent data available from the Bureau of the Census, and other reli- able demographic data satisfactory to the Assistant Secretary.’’ Subsec. (b). Pub. L. 106–501, § 303(b), substituted ‘‘part B or C, or subpart I of part E,’’ for ‘‘part B or C’’ in first sentence. Subsec. (d)(1)(B). Pub. L. 106–501, § 801(c)(2)(A), sub- stituted ‘‘3027(a)(9)’’ for ‘‘3027(a)(12)’’. Subsec. (e). Pub. L. 106–501, § 801(c)(2)(B), struck out subsec. (e) which read as follows: ‘‘Grants made from allotments received under this subchapter may be used for paying for the costs of providing for an area volun- teer services coordinator (as described in section 3026(a)(12) of this title) or a State volunteer services co- ordinator (as described in section 3027(a)(31) of this title).’’ 1993—Subsecs. (a)(4), (b), (c), (d)(2). Pub. L. 103–171 substituted ‘‘Assistant Secretary’’ for ‘‘Commissioner’’ wherever appearing. 1992—Subsec. (a)(1). Pub. L. 102–375, § 904(a)(10), sub- stituted ‘‘of older individuals’’ for ‘‘aged 60 or older’’ in two places, ‘‘United States Virgin Islands’’ for ‘‘Virgin Islands’’ in two places, and ‘‘contained in subparagraph (A)’’ for ‘‘contained in clause (A)’’. Subsec. (a)(2). Pub. L. 102–375, § 304(a)(1), substituted ‘‘1987’’ for ‘‘1984’’. Subsec. (a)(3). Pub. L. 102–375, § 304(a)(2), amended par. (3) generally. Prior to amendment, par. (3) read as fol- lows: ‘‘No State shall be allotted, from the amount ap- propriated pursuant to section 3023(a)(3) of this title, less than $50,000 for any fiscal year.’’ Subsec. (a)(4). Pub. L. 102–375, § 304(a)(3), substituted ‘‘data available from the Bureau of the Census, and other reliable demographic data satisfactory’’ for ‘‘sat- isfactory data available’’. Subsec. (c). Pub. L. 102–375, § 304(b), inserted ‘‘or the Commissioner does not approve the funding formula re- quired under section 3025(a)(2)(C) of this title’’ after ‘‘requirements of section 3027 of this title’’. Subsec. (d)(1)(C). Pub. L. 102–375, § 304(c), amended subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: ‘‘after September 30, 1986, such amount (excluding any amount attributable to funds appro- priated under section 3023(a)(3) of this title) as the State agency determines to be adequate, but not more than 1 percent, for conducting effective demonstration projects in health and nutrition education under sec- tion 3027(f) of this title shall be available for con- ducting such projects; and’’. Subsec. (e). Pub. L. 102–375, § 304(d), added subsec. (e). 1987—Subsec. (a)(1). Pub. L. 100–175, § 155(c)(1), sub- stituted ‘‘paragraphs (2) and (3)’’ for ‘‘paragraph (2)’’ and ‘‘purposes of paragraph (3) and’’ for ‘‘purpose of’’. Subsec. (a)(3), (4). Pub. L. 100–175, § 155(c)(2), added par. (3) and redesignated former par. (3) as (4). Subsec. (d)(1). Pub. L. 100–175, § 182(f), inserted a comma after ‘‘section 3028(b) of this title’’. Subsec. (d)(1)(A). Pub. L. 100–175, § 123, substituted ‘‘10 percent’’ for ‘‘8.5 percent’’. Subsec. (d)(1)(B), (C). Pub. L. 100–175, § 155(d), inserted ‘‘(excluding any amount attributable to funds appro- priated under section 3023(a)(3) of this title)’’ after ‘‘amount’’. 1984—Subsec. (a)(1). Pub. L. 98–459, § 304(a)(1)–(5), sub- stituted ‘‘Subject to paragraph (2), from’’ for ‘‘From’’, substituted ‘‘under section 3023 of this title’’ for ‘‘under parts B and C’’, substituted ‘‘Commonwealth of the Northern Mariana Islands’’ for ‘‘Northern Mariana Is- lands’’ in two places, substituted ‘‘and (C)’’ for ‘‘(C)’’, and struck out ‘‘; and (D) no State shall be allotted an amount less than the State received for fiscal year 1978’’. Subsec. (a)(2), (3). Pub. L. 98–459, § 304(a)(6)–(8), added par. (2), redesignated former par. (2) as (3), and sub- stituted ‘‘available to the Commissioner’’ for ‘‘avail- able to him’’. Subsec. (b). Pub. L. 98–459, § 304(b), substituted ‘‘the Commissioner shall make’’ for ‘‘he shall make’’ and ‘‘to the extent the Commissioner determines’’ for ‘‘to the extent he determines’’. Subsec. (c). Pub. L. 98–459, § 304(c), substituted ‘‘sub- section (d)(1)(D)’’ for ‘‘subsection (d)(1)(B)’’ and ‘‘or in- kind resources’’ for ‘‘for in-kind resources’’. Subsec. (d)(1). Pub. L. 98–459, § 304(d), inserted ‘‘, after the application of section 3028(b) of this title’’ in provi- sions before par. (1), added subpar. (C), and redesignated former subpar. (C) as (D). Page 5722 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3025 1981—Subsec. (a)(1). Pub. L. 97–115, § 4(a), substituted ‘‘under parts B and C for each fiscal year’’ for ‘‘under parts B and C for fiscal years 1979, 1980, and 1981’’. Subsec. (d)(1)(B). Pub. L. 97–115, § 4(c)(3), added sub- par. (B). Former subpar. (B) redesignated (C). Subsec. (d)(1)(C). Pub. L. 97–115, § 4(b), (c)(2), redesig- nated subpar. (B) as (C) and substituted ‘‘85 percent of the cost of supportive services, senior centers, and nu- trition services under this subchapter’’ for ‘‘90 percent in fiscal years 1979 and 1980, and 85 percent in fiscal year 1981, of the cost of social services and nutrition services authorized under parts B and C’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2020 AMENDMENT Pub. L. 116–131, title II, § 204(b), Mar. 25, 2020, 134 Stat. 256, provided that: ‘‘Section 304(a)(3)(D) (42 U.S.C. 3024(a)(3)(D)) is repealed, effective October 1, 2029.’’ EFFECTIVE DATE OF 1992 AMENDMENT Amendment by section 304 (excluding pars. (1) and (2) of subsec. (a)) of Pub. L. 102–375 inapplicable with re- spect to fiscal year 1993, see section 4(b) of Pub. L. 103–171, set out as a note under section 3001 of this title. Amendment by section 304 of Pub. L. 102–375 inappli- cable with respect to fiscal year 1992, see section 905(b)(2) of Pub. L. 102–375, set out as a note under sec- tion 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 sub- mitted 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 Section effective at close of Sept. 30, 1978, see section 504 of Pub. L. 95–478, set out as an Effective Date of 1978 Amendment note under section 3001 of this title. § 3025. Designation of State agencies (a) Duties of designated agency In order for a State to be eligible to partici- pate in programs of grants to States from allot- ments under this subchapter— (1) the State shall, in accordance with regu- lations of the Assistant Secretary, designate a State agency as the sole State agency to— (A) develop a State plan to be submitted to the Assistant Secretary for approval under section 3027 of this title; (B) administer the State plan within such State; (C) be primarily responsible for the plan- ning, policy development, administration, coordination, priority setting, and evalua- tion of all State activities related to the ob- jectives of this chapter; (D) serve as an effective and visible advo- cate for older individuals by reviewing and commenting upon all State plans, budgets, and policies which affect older individuals and providing technical assistance to any agency, organization, association, or indi- vidual representing the needs of older indi- viduals; and (E) divide the State into distinct planning and service areas (or in the case of a State specified in subsection (b)(5)(A), designate the entire State as a single planning and service area), in accordance with guidelines issued by the Assistant Secretary, after con- sidering the geographical distribution of older individuals in the State, the incidence of the need for supportive services, nutrition services, multipurpose senior centers, and legal assistance, the distribution of older in- dividuals who have greatest economic need (with particular attention to low-income older individuals, including low-income mi- nority older individuals, older individuals with limited English proficiency, and older individuals residing in rural areas) residing in such areas, the distribution of older indi- viduals who have greatest social need (with particular attention to low-income older in- dividuals, including low-income minority older individuals, older individuals with lim- ited English proficiency, and older individ- uals residing in rural areas) residing in such areas, the distribution of older individuals who are Indians residing in such areas, the distribution of resources available to provide such services or centers, the boundaries of existing areas within the State which were drawn for the planning or administration of supportive services programs, the location of units of general purpose local government within the State, and any other relevant fac- tors; (2) the State agency shall— (A) except as provided in subsection (b)(5), designate for each such area after consider- ation of the views offered by the unit or units of general purpose local government in such area, a public or private nonprofit agency or organization as the area agency on aging for such area; (B) provide assurances, satisfactory to the Assistant Secretary, that the State agency will take into account, in connection with matters of general policy arising in the de- velopment and administration of the State plan for any fiscal year, the views of recipi- ents of supportive services or nutrition serv- ices, or individuals using multipurpose sen- ior centers provided under such plan; (C) in consultation with area agencies, in accordance with guidelines issued by the As- sistant Secretary, and using the best avail- able data, develop and publish for review and comment a formula for distribution within the State of funds received under this sub- chapter that takes into account— (i) the geographical distribution of older individuals in the State; and (ii) the distribution among planning and service areas of older individuals with greatest economic need and older individ- uals with greatest social need, with par- ticular attention to low-income minority older individuals; (D) submit its formula developed under subparagraph (C) to the Assistant Secretary for approval; (E) provide assurances that preference will be given to providing services to older indi-