42 U.S.C. § 3023 — Authorization of appropriations; uses of

Page 5716 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3023 § 102(b)(3), title III, § 302, Sept. 30, 1992, 106 Stat. 1201, 1220; Pub. L. 103–171, § 2(7), Dec. 2, 1993, 107 Stat. 1988; Pub. L. 109–365, title III, § 302, Oct. 17, 2006, 120 Stat. 2538; Pub. L. 116–131, title II, § 202(1), Mar. 25, 2020, 134 Stat. 254.) Editorial Notes PRIOR PROVISIONS A prior section 3022, Pub. L. 89–73, title III, § 302, as added Pub. L. 93–29, title III, § 301, May 3, 1973, 87 Stat. 36, Pub. L. 94–135, title I, § 103, Nov. 28, 1975, 89 Stat. 713, related to definitions, prior to the general amendment of this subchapter by Pub. L. 95–478. Another prior section 3022, Pub. L. 89–73, title III, § 302, July 14, 1965, 79 Stat. 221; Pub. L. 90–42, §§ 2(b), 5(g), July 1, 1967, 81 Stat. 107, 108; Pub. L. 91–69, §§ 3(a), 4(d), 6, 10(b), Sept. 17, 1969, 83 Stat. 108, 110, 114, related to al- lotments to States, providing in subsec. (a) amount of allotments, subsec. (b) reallotments, and subsec. (c) availability for grant percentage payments, and dura- tion of project support, prior to repeal by Pub. L. 93–29, title III, § 301, May 3, 1973, 87 Stat. 36. AMENDMENTS 2020—Par. (3). Pub. L. 116–131 inserted ‘‘of any age’’ after ‘‘an individual’’. 2006—Pars. (2) to (4). Pub. L. 109–365 added par. (4), re- designated pars. (2), (3), and (4) as pars. (4), (2), and (3), respectively, and moved par. (4) to end of section. 1993—Par. (10). Pub. L. 103–171 struck out par. (10) which defined ‘‘multipurpose senior center’’. 1992—Par. (1)(D). Pub. L. 102–375, § 302, added subpar. (D). Pars. (2), (3). Pub. L. 102–375, § 102(b)(3)(A), (B), redes- ignated pars. (7) and (8) as (2) and (3), respectively, and struck out former pars. (2) and (3) which defined ‘‘infor- mation and referral source’’ and ‘‘long-term care facil- ity’’, respectively. Pars. (4) to (6). Pub. L. 102–375, § 102(b)(3)(A), struck out pars. (4) to (6) which defined ‘‘legal assistance’’, ‘‘planning and service area’’, and ‘‘State agency’’, re- spectively. Pars. (7), (8). Pub. L. 102–375, § 102(b)(3)(B), redesig- nated pars. (7) and (8) as (2) and (3), respectively. Par. (9). Pub. L. 102–375, § 102(b)(3)(A), struck out par. (9) which defined ‘‘older individual’’. Par. (11). Pub. L. 102–375, § 102(b)(3)(A), struck out par. (11) which defined ‘‘focal point’’. Pars. (14) to (21). Pub. L. 102–375, § 102(b)(3)(A), struck out pars. (14) to (21) which defined ‘‘abuse’’, ‘‘elder abuse’’, ‘‘caretaker’’, ‘‘exploitation’’, ‘‘neglect’’, ‘‘phys- ical harm’’, ‘‘greatest economic need’’, and ‘‘greatest social need’’, respectively. 1987—Par. (6). Pub. L. 100–175, § 182(b)(2), redesignated par. (7) as (6) and struck out former par. (6) which read as follows: ‘‘The term ‘State’ means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Is- lands, the Trust Territory of the Pacific Islands, and the Commonwealth of the Northern Mariana Islands.’’ Pars. (7) to (9). Pub. L. 100–175, § 182(b)(2)(B), redesig- nated pars. (8) to (10) as (7) to (9), respectively. Former par. (7) redesignated (6). Par. (10). Pub. L. 100–175, §§ 136(a)(2), 182(b)(2)(B), re- designated par. (11) as (10) and inserted ‘‘(including mental health)’’ after ‘‘health’’. Former par. (10) redes- ignated (9). Par. (11). Pub. L. 100–175, § 182(b)(2)(B), redesignated par. (12) as (11). Former par. (11) redesignated (10). Pars. (12), (13). Pub. L. 100–175, § 182(b)(2)(B), which di- rected the redesignation of pars. (13) and (14) as (12) and (13), respectively, could not be executed because no pars. (13) and (14) had been enacted. A former par. (12) was redesignated (11). Pars. (14) to (19). Pub. L. 100–175, §§ 144(a), 182(b)(2)(B), added pars. (15) to (20) and redesignated them as (14) to (19), respectively. Par. (20). Pub. L. 100–175, § 182(b)(2)(B), (e)(1), added par. (20) and redesignated former par. (20) as (19). Pub. L. 100–175, § 144(a), added par. (20). Par. (21). Pub. L. 100–175, § 182(e)(1), added par. (21). 1984—Par. (2)(B). Pub. L. 98–459, § 302(1), substituted ‘‘employs, where feasible,’’ for ‘‘employs’’, and inserted ‘‘to assess the needs and capacities of older individ- uals,’’. Par. (4). Pub. L. 98–459, § 302(2), substituted ‘‘legal as- sistance’’ for ‘‘legal services’’. Par. (6). Pub. L. 98–459, § 302(3), substituted ‘‘, and the Commonwealth of the Northern Mariana Islands’’ for ‘‘and the Northern Mariana Islands’’. Pars. (10) to (12). Pub. L. 98–459, § 302(4), added pars. (10) to (12). 1981—Par. (1). Pub. L. 97–115, § 3(d), substituted ‘‘sup- portive services’’ for ‘‘social services’’ in provisions preceding subpar. (A) and in subpars. (A) and (B). Par. (3). Pub. L. 97–115, § 3(b)(1), inserted provision re- lating to any category of institutions regulated by a State pursuant to provisions of section 1382e(e) of this title (for purposes of section 3027(a)(12) of this title). Par. (9). Pub. L. 97–115, § 3(b)(2), added par. (9). Statutory Notes and Related Subsidiaries 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. § 3023. Authorization of appropriations; uses of funds (a)(1) There are authorized to be appropriated to carry out part B (relating to supportive serv- ices) $412,029,180 for fiscal year 2020, $436,750,931 for fiscal year 2021, $462,955,987 for fiscal year 2022, $490,733,346 for fiscal year 2023, and $520,177,347 for fiscal year 2024. (2) Funds appropriated under paragraph (1) shall be available to carry out section 3058g of this title. (b)(1) There are authorized to be appropriated to carry out subpart I of part C (relating to con- gregate nutrition services) $530,015,940 for fiscal year 2020, $561,816,896 for fiscal year 2021, $595,525,910 for fiscal year 2022, $631,257,465 for fiscal year 2023, and $669,132,913 for fiscal year 2024. (2) There are authorized to be appropriated to carry out subpart II of part C (relating to home delivered nutrition services) $268,935,940 for fis- cal year 2020, $285,072,096 for fiscal year 2021, $302,176,422 for fiscal year 2022, $320,307,008 for fiscal year 2023, and $339,525,428 for fiscal year 2024. (c) Grants made under part B, and subparts I and II of part C, of this subchapter may be used for paying part of the cost of— (1) the administration of area plans by area agencies on aging designated under section Page 5717 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3023 3025(a)(2)(A) of this title, including the prepa- ration of area plans on aging consistent with section 3026 of this title and the evaluation of activities carried out under such plans; and (2) the development of comprehensive and coordinated systems for supportive services, and congregate and home delivered nutrition services under subparts I and II of part C, the development and operation of multipurpose senior centers, and the delivery of legal assist- ance. (d) There are authorized to be appropriated to carry out part D (relating to disease prevention and health promotion services) $26,587,360 for fis- cal year 2020, $28,182,602 for fiscal year 2021, $29,873,558 for fiscal year 2022, $31,665,971 for fis- cal year 2023, and $33,565,929 for fiscal year 2024. (e) There are authorized to be appropriated to carry out part E (relating to family caregiver support) $193,869,020 for fiscal year 2020, $205,501,161 for fiscal year 2021, $217,831,231 for fiscal year 2022, $230,901,105 for fiscal year 2023, and $244,755,171 for fiscal year 2024. (Pub. L. 89–73, title III, § 303, as added Pub. L. 95–478, title I, § 103(b), Oct. 18, 1978, 92 Stat. 1518; amended Pub. L. 97–115, § 3(c), (d), Dec. 29, 1981, 95 Stat. 1597; Pub. L. 98–459, title III, § 303, Oct. 9, 1984, 98 Stat. 1771; Pub. L. 100–175, title I, §§ 122(a), (b), 129(c)(1), 140(a), 141(a), 143(a), 144(b), 145, 155(b), Nov. 29, 1987, 101 Stat. 933, 935, 944, 946, 947, 949, 950, 952; Pub. L. 102–375, title III, §§ 303, 316(b), title VII, § 708(c)(3), Sept. 30, 1992, 106 Stat. 1220, 1241, 1293; Pub. L. 106–501, title III, § 302, Nov. 13, 2000, 114 Stat. 2238; Pub. L. 109–365, title III, § 303, Oct. 17, 2006, 120 Stat. 2538; Pub. L. 114–144, § 4(a), Apr. 19, 2016, 130 Stat. 337; Pub. L. 116–131, title II, § 203(a), Mar. 25, 2020, 134 Stat. 254.) Editorial Notes PRIOR PROVISIONS A prior section 3023, 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, related to area planning and social service programs, prior to the gen- eral amendment of this subchapter by Pub. L. 95–478. Another prior section 3023, Pub. L. 89–73, title III, § 303, July 14, 1965, 79 Stat. 222; Pub. L. 91–69, §§ 3(b), 4(a), Sept. 17, 1969, 83 Stat. 108, related to state plans, pro- viding in subsec. (a) for approval by Secretary, con- tents, notice and hearing prior to disapproval; subsec. (b) noncompliance and cancellation of payments; and subsec. (c) appeals, petitions, record, jurisdiction of courts of appeals, conclusiveness of findings, review by Supreme Court, and stay of administrative action, prior to repeal by Pub. L. 93–29, title III, § 301, May 3, 1973, 87 Stat. 36. AMENDMENTS 2020—Pub. L. 116–131 amended subsecs. (a) to (e) gen- erally. Prior to amendment, subsecs. (a), (b), (d), and (e) authorized appropriations for fiscal years 2017 to 2019, and subsec. (c) related to use of grants made under part B, and subparts I and II of part C, of this sub- chapter. 2016—Subsec. (a)(1). Pub. L. 114–144, § 4(a)(1), sub- stituted ‘‘$356,717,276 for fiscal year 2017, $364,456,847 for fiscal year 2018, and $372,196,069 for fiscal year 2019.’’ for ‘‘such sums as may be necessary for fiscal years 2007, 2008, 2009, 2010, and 2011.’’ Subsec. (b)(1). Pub. L. 114–144, § 4(a)(2)(A), substituted ‘‘$459,937,586 for fiscal year 2017, $469,916,692 for fiscal year 2018, and $479,895,348 for fiscal year 2019.’’ for ‘‘such sums as may be necessary for fiscal years 2007, 2008, 2009, 2010, and 2011.’’ Subsec. (b)(2). Pub. L. 114–144, § 4(a)(2)(B), substituted ‘‘$232,195,942 for fiscal year 2017, $237,233,817 for fiscal year 2018, and $242,271,465 for fiscal year 2019.’’ for ‘‘such sums as may be necessary for fiscal years 2007, 2008, 2009, 2010, and 2011.’’ Subsec. (d). Pub. L. 114–144, § 4(a)(3), substituted ‘‘$20,361,334 for fiscal year 2017, $20,803,107 for fiscal year 2018, and $21,244,860 for fiscal year 2019.’’ for ‘‘such sums as may be necessary for fiscal years 2007, 2008, 2009, 2010, and 2011.’’ Subsec. (e). Pub. L. 114–144, § 4(a)(4), struck out par. (2) designation before ‘‘There are authorized’’, sub- stituted ‘‘$154,336,482 for fiscal year 2017, $157,564,066 for fiscal year 2018, and $160,791,658 for fiscal year 2019.’’ for ‘‘$166,500,000 for fiscal year 2008, $173,000,000 for fiscal year 2009, $180,000,000 for fiscal year 2010, and $187,000,000 for fiscal year 2011.’’, and struck out pars. (1) and (3) which read as follows: ‘‘(1) There are authorized to be appropriated to carry out part E of this subchapter (relating to family care- giver support) $160,000,000 for fiscal year 2007. ‘‘(3) Of the funds appropriated under paragraphs (1) and (2), not more than 1 percent of such funds may be reserved to carry out activities described in section 3032(a)(11) of this title.’’ 2006—Subsecs. (a)(1), (b)(1), (2), (d). Pub. L. 109–365, § 303(1), substituted ‘‘years 2007, 2008, 2009, 2010, and 2011’’ for ‘‘year 2001, and such sums as may be necessary for each of the 4 succeeding fiscal years’’. Subsec. (e)(1). Pub. L. 109–365, § 303(2)(A), substituted ‘‘$160,000,000 for fiscal year 2007’’ for ‘‘$125,000,000 for fis- cal year 2001 if the aggregate amount appropriated under subsection (a)(1) of this section (relating to part B of this subchapter, supportive services), paragraphs (1) (relating to subpart I of part C of this subchapter, congregate nutrition services) and (2) (relating to sub- part II of part C of this subchapter, home delivered nu- trition services) of subsection (b) of this section, and (d) (relating to part D of this subchapter, disease pre- vention and health promotion services) of this section for fiscal year 2001 is not less than the aggregate amount appropriated under subsection (a)(1) of this sec- tion, paragraphs (1) and (2) of subsection (b) of this sec- tion, and subsection (d) of this section for fiscal year 2000’’. Subsec. (e)(2). Pub. L. 109–365, § 303(2)(B), substituted ‘‘$166,500,000 for fiscal year 2008, $173,000,000 for fiscal year 2009, $180,000,000 for fiscal year 2010, and $187,000,000 for fiscal year 2011’’ for ‘‘such sums as may be necessary for each of the 4 succeeding fiscal years’’. Subsec. (e)(3). Pub. L. 109–365, § 303(2)(C), substituted ‘‘may’’ for ‘‘shall’’, ‘‘section 3032(a)(11)’’ for ‘‘section 3030s–12’’, and ‘‘(2), not more than 1 percent’’ for ‘‘(2)— ‘‘(A) 4 percent of such funds shall be reserved to carry out activities described in section 3030s–11 of this title; and ‘‘(B) 1 percent’’. 2000—Subsec. (a)(1). Pub. L. 106–501, § 302(1), added par. (1) and struck out former par. (1) which read as follows: ‘‘There are authorized to be appropriated $461,376,000 for fiscal year 1992 and such sums as may be necessary for fiscal years 1993, 1994, and 1995, for the purpose of making grants under part B of this subchapter (relat- ing to supportive services and senior centers).’’ Subsec. (b). Pub. L. 106–501, § 302(2), added subsec. (b) and struck out former subsec. (b) which read as follows: ‘‘(b)(1) There are authorized to be appropriated $505,000,000 for fiscal year 1992 and such sums as may be necessary for fiscal years 1993, 1994, and 1995, for the purpose of making grants under subpart I of part C of this subchapter (relating to congregate nutrition serv- ices). ‘‘(2) There are authorized to be appropriated $120,000,000 for fiscal year 1992 and such sums as may be necessary for fiscal years 1993, 1994, and 1995, for the purpose of making grants under subpart II of part C of this subchapter (relating to home delivered nutrition services). Page 5718 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3023 ‘‘(3) There are authorized to be appropriated $15,000,000 for fiscal year 1992 and such sums as may be necessary for fiscal years 1993, 1994, and 1995, to carry out subpart III of part C of this subchapter (relating to school-based meals for volunteer older individuals and multigenerational programs).’’ Subsecs. (d) to (g). Pub. L. 106–501, § 302(3), added sub- secs. (d) and (e) and struck out former subsecs. (d) to (g) which authorized appropriations for fiscal years 1992 to 1995 to carry out parts D to G of this subchapter. 1992—Subsec. (a)(1). Pub. L. 102–375, § 708(c)(3), struck out ‘‘for purposes other than outreach activities and application assistance under section 3027(a)(31) of this title’’ after ‘‘senior centers)’’. Pub. L. 102–375, § 303(a)(1), substituted ‘‘$461,376,000 for fiscal year 1992 and such sums as may be necessary for fiscal years 1993, 1994, and 1995’’ for ‘‘$379,575,000 for the fiscal year 1988, $398,554,000 for the fiscal year 1989, $418,481,000 for the fiscal year 1990, and $439,406,000 for the fiscal year 1991’’. Subsec. (a)(2). Pub. L. 102–375, § 303(a)(2), amended par. (2) generally. Prior to amendment, par. (2) read as fol- lows: ‘‘Subject to subsection (h) of this section, there are authorized to be appropriated $20,000,000 for fiscal year 1988 and such sums as may be necessary for each of the fiscal years 1989, 1990, and 1991 to carry out sec- tion 3027(a)(12) of this title.’’ Subsec. (a)(3). Pub. L. 102–375, § 303(a)(3), struck out par. (3) which read as follows: ‘‘Subject to subsection (h) of this section, there are authorized to be appro- priated $10,000,000 for fiscal year 1989, $10,000,000 for fis- cal year 1990, and such sums as may be necessary for fiscal year 1991 to carry out section 3026(a)(6)(P) of this title. Amounts appropriated under this subsection shall remain available until expended.’’ Subsec. (b)(1). Pub. L. 102–375, § 303(b)(1), substituted ‘‘$505,000,000 for fiscal year 1992 and such sums as may be necessary for fiscal years 1993, 1994, and 1995’’ for ‘‘$414,750,000 for the fiscal year 1988, $435,488,000 for the fiscal year 1989, $457,262,000 for the fiscal year 1990, and $480,125,000 for the fiscal year 1991’’. Subsec. (b)(2). Pub. L. 102–375, § 303(b)(2), substituted ‘‘$120,000,000 for fiscal year 1992 and such sums as may be necessary for fiscal years 1993, 1994, and 1995’’ for ‘‘$79,380,000 for the fiscal year 1988, $83,349,000 for the fiscal year 1989, $87,516,000 for the fiscal year 1990, and $91,892,000 for the fiscal year 1991’’. Subsec. (b)(3). Pub. L. 102–375, § 303(b)(3), added par. (3). Subsec. (c). Pub. L. 102–375, § 316(b)(1), substituted ‘‘part B, and subparts I and II of part C, of this sub- chapter’’ for ‘‘parts B and C of this subchapter’’. Subsec. (c)(2). Pub. L. 102–375, § 316(b)(2), inserted ‘‘under subparts I and II of part C’’ after ‘‘nutrition services’’. Subsec. (d). Pub. L. 102–375, § 303(c), substituted ‘‘$45,388,000 for fiscal year 1992 and such sums as may be necessary for fiscal years 1993, 1994, and 1995,’’ for ‘‘$25,000,000 for fiscal year 1988, $26,250,000 for fiscal year 1989, $27,563,000 for fiscal year 1990, and $28,941,000 for fiscal year 1991’’. Subsec. (e). Pub. L. 102–375, § 303(d), substituted ‘‘There are authorized to be appropriated such sums as may be necessary for the fiscal years 1992, 1993, 1994, and 1995,’’ for ‘‘Subject to subsection (h) of this section, there are authorized to be appropriated $25,000,000 for fiscal year 1988, $25,000,000 for fiscal year 1989, and such sums as may be necessary for each of the fiscal years 1990 and 1991’’. Subsec. (f). Pub. L. 102–375, § 303(e), substituted ‘‘There are authorized to be appropriated $25,000,000 for fiscal year 1992 and such sums as may be necessary for fiscal years 1993, 1994, and 1995,’’ for ‘‘Subject to sub- section (h) of this section, there are authorized to be appropriated $5,000,000 for fiscal year 1988 and such sums as may be necessary for each of the fiscal years 1989, 1990, and 1991’’. Subsec. (g). Pub. L. 102–375, § 303(f), amended subsec. (g) generally. Prior to amendment, subsec. (g) read as follows: ‘‘Subject to subsection (h) of this section, there are authorized to be appropriated $5,000,000 for fiscal year 1988 and such sums as may be necessary for each of the fiscal years 1989, 1990, and 1991, to carry out part G of this subchapter (relating to abuse, neglect, and ex- ploitation of older individuals).’’ Subsec. (h). Pub. L. 102–375, § 303(g), struck out subsec. (h) which read as follows: ‘‘No funds may be appro- priated under subsection (a)(2), (a)(3), (e), (f), or (g) of this section for a fiscal year unless the aggregate amount appropriated for such fiscal year to carry out this subchapter (other than sections 3026(a)(6)(P), 3027(a)(12), and 3030a of this title, and parts E, F, and G of this subchapter), subchapter IV of this chapter (other than sections 3035f and 3035g of this title), sub- chapter IX of this chapter, and subchapter X of this chapter exceeds 105 percent of the aggregate amount appropriated for the preceding fiscal year to carry out such subchapters.’’ 1987—Subsec. (a). Pub. L. 100–175, §§ 129(c)(1), 155(b), designated existing provisions as par. (1), inserted ‘‘for purposes other than outreach activities and application assistance under section 3027(a)(31) of this title’’, and added pars. (2) and (3). Pub. L. 100–175, § 122(a), amended subsec. (a) gen- erally. Prior to amendment, subsec. (a) read as follows: ‘‘There are authorized to be appropriated $350,300,000 for fiscal year 1984, $325,700,000 for fiscal year 1985, $343,600,000 for fiscal year 1986, and $361,500,000 for fiscal year 1987, for the purpose of making grants under part B of this subchapter (relating to supportive services and senior centers).’’ Subsec. (b). Pub. L. 100–175, § 122(b), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: ‘‘(1) There are authorized to be appropriated $365,300,000 for fiscal year 1984, $360,800,000 for fiscal year 1985, $376,500,000 for fiscal year 1986, and $395,000,000 for fiscal year 1987, for the purpose of making grants under subpart I of part C of this subchapter (relating to congregate nutrition services). ‘‘(2) There are authorized to be appropriated $68,700,000 for fiscal year 1984, $69,100,000 for fiscal year 1985, $72,000,000 for fiscal year 1986, and $75,600,000 for fiscal year 1987, for the purpose of making grants under subpart II of part C of this subchapter (relating to home delivered nutrition services).’’ Subsec. (d). Pub. L. 100–175, § 140(a), added subsec. (d). Subsec. (e). Pub. L. 100–175, § 141(a), added subsec. (e). Subsec. (f). Pub. L. 100–175, § 143(a), added subsec. (f). Subsec. (g). Pub. L. 100–175, § 144(b), added subsec. (g). Subsec. (h). Pub. L. 100–175, § 145, added subsec. (h). 1984—Subsec. (a). Pub. L. 98–459, § 303(a), struck out provisions authorizing appropriations of $300,000,000 for fiscal year 1979, $360,000,000 for fiscal year 1980, $480,000,000 for fiscal year 1981, $306,000,000 for fiscal year 1982, and $327,400,000 for fiscal year 1983, and in- serted provisions authorizing appropriations of $325,700,000 for fiscal year 1985, $343,600,000 for fiscal year 1986, and $361,500,000 for fiscal year 1987. Subsec. (b)(1). Pub. L. 98–459, § 303(b)(1), struck out provisions authorizing appropriations of $350,000,000 for fiscal year 1979, $375,000,000 for fiscal year 1980, $400,000,000 for fiscal year 1981, $319,100,000 for fiscal year 1982, and $341,400,000 for fiscal year 1983, and in- serted provisions authorizing appropriations of $360,800,000 for fiscal year 1985, $376,500,000 for fiscal year 1986, and $395,000,000 for fiscal year 1987. Subsec. (b)(2). Pub. L. 98–459, § 303(b)(2), struck out provisions authorizing appropriations of $80,000,000 for fiscal year 1979, $100,000,000 for fiscal year 1980, $120,000,000 for fiscal year 1981, $60,000,000 for fiscal year 1982, and $64,200,000 for fiscal year 1983, and inserted provisions authorizing appropriations of $69,100,000 for fiscal year 1985, $72,000,000 for fiscal year 1986, and $75,600,000 for fiscal year 1987. Subsec. (c)(2). Pub. L. 98–459, § 303(c), substituted ‘‘legal assistance’’ for ‘‘legal services’’. 1981—Subsec. (a). Pub. L. 97–115, § 3(c)(1), inserted pro- visions authorizing appropriations of $306,000,000 for fis- cal year 1982, $327,400,000 for fiscal year 1983, and 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