42 U.S.C. § 3029 — Payments of grants or contracts

Page 5749 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3029 this title, the’’ for ‘‘received under section 3023(b)(1) and (2) of this title, a’’, ‘‘not more than 30 percent of the funds so received’’ for ‘‘a portion of the funds ap- propriated’’, and ‘‘objectives’’ for ‘‘purposes’’, and added subpar. (B). Subsec. (b)(5) to (7). Pub. L. 102–375, § 308(2)(B), added pars. (5) to (7) and struck out former par. (5) which read as follows: ‘‘(A) Notwithstanding any other provisions of this subchapter and except as provided in subparagraph (B), with respect to funds received under subsection (a)(1) and subsection (b) of section 3023 of this title, a State may elect to transfer not more than 20 per centum of the funds allotted for any fiscal year between programs under part B and part C of this subchapter, for use as the State considers appropriate. The State shall notify the Commissioner of any such election. ‘‘(B) Of the funds received under subsections (a)(1) and (b) of section 3023 of this title, a State may elect to transfer under subparagraph (A) not more than 30 percent of the funds allotted for any fiscal year.’’ 1987—Subsec. (b)(1). Pub. L. 100–175, § 182(l)(1), (2), struck designation ‘‘(A)’’ after ‘‘(1)’’ and redesignated former cls. (i) and (ii) as subpars. (A) and (B), respec- tively. Subsec. (b)(2). Pub. L. 100–175, § 182(l)(3), struck des- ignation ‘‘(A)’’ after ‘‘(1)’’ and redesignated former cls. (i) and (ii) as subpars. (A) and (B), respectively. Subsec. (b)(3)(C). Pub. L. 100–175, § 182(l)(4), sub- stituted ‘‘the Commissioner’’ for ‘‘he’’. Subsec. (b)(5)(A). Pub. L. 100–175, § 182(l)(5), sub- stituted ‘‘allotted’’ for ‘‘appropriated’’. Pub. L. 100–175, § 129(c)(2)(A), substituted ‘‘received under subsection (a)(1)’’ for ‘‘received under subsection (a)’’. Subsec. (b)(5)(B). Pub. L. 100–175, § 182(l)(6), sub- stituted provision that State may elect to transfer not more than 30 percent of funds allotted for any fiscal year for provision that State may elect to transfer not more than 27 percent of funds allotted for fiscal year 1985, not more than 29 percent of funds allotted for fis- cal year 1986, and not more than 30 percent of funds al- lotted for fiscal year 1987. Pub. L. 100–175, § 182(l)(5), substituted ‘‘allotted’’ for ‘‘appropriated’’. Pub. L. 100–175, § 129(c)(2)(B), inserted ‘‘subsections (a)(1) and (b) of’’ after first reference to ‘‘under’’. 1984—Subsec. (a)(1). Pub. L. 98–459, § 308(a)(1), sub- stituted ‘‘Amounts available to States under sub- section (b)(1)’’ for ‘‘Amounts appropriated under sec- tion 3023 of this title’’. Subsec. (a)(2). Pub. L. 98–459, § 308(a)(2), substituted ‘‘available to a State under subsection (b)(1)’’ for ‘‘re- ceived by a State under this section’’. Subsec. (b)(1). Pub. L. 98–459, § 308(b)(6), added par. (1). Former par. (1), which contained provisions, with re- spect to allotments to States for State planning, co- ordination, evaluation, and administration of State plans, that each State had to be allotted funds on the basis of its population aged 60 or older as compared to all States, and specifying minimum amounts for each State of no less than one-half of 1 percent of appropria- tions or $300,000, whichever was greater, and for terri- tories of no less than one-fourth of 1 percent of appro- priations or $75,000, whichever was greater, was struck out. Subsec. (b)(2). Pub. L. 98–459, § 308(b)(6), added par. (2). Former par. (2) redesignated (3). Subsec. (b)(3). Pub. L. 98–459, § 308(b)(4), (5), redesig- nated former par. (2) as (3) and struck out former par. (3) which had provided that each State would be enti- tled to an allotment under this section for any fiscal year in an amount which is not less than the amount of the allotment to which such State was entitled under former par. (1) for the fiscal year ending June 30, 1975. Subsec. (b)(3)(A). Pub. L. 98–459, § 308(b)(1), sub- stituted ‘‘If the aggregate amount appropriated under section 3023 of this title for a fiscal year does not ex- ceed $800,000,000, then any’’ for ‘‘Any’’. Subsec. (b)(4). Pub. L. 98–459, § 308(b)(2), (4), (5), redes- ignated par. (5) as (4), and substituted ‘‘unless the Com- missioner determines’’ for ‘‘unless he determines’’, and struck out former par. (4) which had provided that the number of individuals aged 60 or older in any State and in all States had to be determined by the Commissioner on the basis of the most recent satisfactory data avail- able to him. Subsec. (b)(5), (6). Pub. L. 98–459, § 308(b)(3), (5), redes- ignated par. (6) as (5), inserted ‘‘(A)’’ after paragraph designation and ‘‘and except as provided in subpara- graph (B)’’, and added subpar. (B). Former par. (5) re- designated (4). 1981—Subsec. (a)(1). Pub. L. 97–115, § 3(d), substituted ‘‘supportive services’’ for ‘‘social services’’. Subsec. (b)(6). Pub. L. 97–115, § 8, added par. (6). 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. 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. § 3029. Payments of grants or contracts (a) Advances or reimbursement; installments; as- sistance in development of State plan Payments of grants or contracts under this subchapter may be made (after necessary adjust- ments resulting from previously made overpay- ments or underpayments) in advance or by way of reimbursement, and in such installments, as the Assistant Secretary may determine. From a State’s allotment for a fiscal year which is available under section 3028 of this title the As- sistant Secretary may pay to a State which does not have a State plan approved under section 3027 of this title such amounts as the Assistant Secretary deems appropriate for the purpose of assisting such State in developing a State plan. (b) Matching funds; percentage limitation (1) For each fiscal year, not less than 25 per- cent of the non-Federal share of the total ex- penditures under the State plan which is re- quired by section 3024(d) of this title shall be met from funds from State or local public sources. (2) Funds required to meet the non-Federal share required by section 3024(d)(1)(D) of this title, in amounts exceeding 10 percent of the cost of the services specified in such section Page 5750 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3030 3024(d)(1)(D) of this title, shall be met from State sources. (c) Reduction of State allotment A State’s allotment under section 3024 of this title for a fiscal year shall be reduced by the percentage (if any) by which its expenditures for such year from State sources under its State plan approved under section 3027 of this title are less than its average annual expenditures from such sources for the period of 3 fiscal years pre- ceding such year. (Pub. L. 89–73, title III, § 309, as added Pub. L. 95–478, title I, § 103(b), Oct. 18, 1978, 92 Stat. 1532; amended Pub. L. 98–459, title III, § 309, Oct. 9, 1984, 98 Stat. 1779; Pub. L. 100–175, title I, § 139, Nov. 29, 1987, 101 Stat. 944; Pub. L. 103–171, § 3(a)(13), Dec. 2, 1993, 107 Stat. 1990; Pub. L. 109–365, title III, § 308, Oct. 17, 2006, 120 Stat. 2545.) Editorial Notes PRIOR PROVISIONS A prior section 3029, Pub. L. 89–73, title III, § 309, as added Pub. L. 93–351, § 3, July 12, 1974, 88 Stat. 357, re- lated to transportation projects, prior to the general amendment of this subchapter by Pub. L. 95–478. See section 3026 of this title. Provisions similar to those comprising this section were contained in Pub. L. 89–73, title III, § 307, as added Pub. L. 93–29, title III, § 301, May 3, 1973, 87 Stat. 44, which was classified to section 3027 of this title prior to repeal by Pub. L. 95–478. AMENDMENTS 2006—Subsec. (b)(2). Pub. L. 109–365 substituted ‘‘10 percent of the cost of the services specified in such sec- tion 3024(d)(1)(D) of this title’’ for ‘‘the non-Federal share required prior to fiscal year 1981’’. 1993—Subsec. (a). Pub. L. 103–171 substituted ‘‘Assist- ant Secretary’’ for ‘‘Commissioner’’ wherever appear- ing. 1987—Subsec. (c). Pub. L. 100–175 substituted ‘‘its av- erage annual expenditures from such sources for the pe- riod of 3 fiscal years preceding such year’’ for ‘‘its ex- penditures from such sources for the preceding fiscal year’’. 1984—Subsec. (a). Pub. L. 98–459, § 309(a), substituted ‘‘as the Commissioner deems appropriate’’ for ‘‘as he deems appropriate’’. Subsec. (b)(2). Pub. L. 98–459, § 309(b), substituted ‘‘section 3024(d)(1)(D)’’ for ‘‘section 3024(d)(1)(B)’’. 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. § 3030. Disaster relief reimbursements (a) Application; limitations (1) The Assistant Secretary may provide reim- bursements to any State (or to any tribal orga- nization receiving a grant under subchapter X), upon application for such reimbursement, for funds such State makes available to area agen- cies on aging in such State (or funds used by such tribal organization) for the delivery of sup- portive services (and related supplies) during any major disaster declared by the President in accordance with the Robert T. Stafford Disaster Relief and Emergency Assistance Act [42 U.S.C. 5121 et seq.]. (2) Total payments to all States and such trib- al organizations under paragraph (1) in any fis- cal year shall not exceed 2 percent of the total amount appropriated and available to carry out subchapter IV. (3) If the Assistant Secretary decides, in the 5- day period beginning on the date such disaster is declared by the President, to provide an amount of reimbursement under paragraph (1) to a State or such tribal organization, then the Assistant Secretary shall provide not less than 75 percent of such amount to such State or such tribal or- ganization not later than 5 days after the date of such decision. (b) Setting aside of funds by Assistant Secretary (1) At the beginning of each fiscal year the As- sistant Secretary shall set aside, for payment to States and such tribal organizations under sub- section (a), an amount equal to 2 percent of the total amount appropriated and available to carry out subchapter IV. (2) Amounts set aside under paragraph (1) which are not obligated by the end of the third quarter of any fiscal year shall be made avail- able to carry out subchapter IV. (c) Effect on other laws Nothing in this section shall be construed to prohibit expenditures by States and such tribal organizations for disaster relief for older indi- viduals in excess of amounts reimbursable under this section, by using funds made available to them under other sections of this chapter or under other provisions of Federal or State law, or from private sources. (Pub. L. 89–73, title III, § 310, as added Pub. L. 95–478, title I, § 103(b), Oct. 18, 1978, 92 Stat. 1533; amended Pub. L. 97–115, §§ 3(d), 11(b)(2), Dec. 29, 1981, 95 Stat. 1597, 1606; Pub. L. 100–707, title I, § 109(q), Nov. 23, 1988, 102 Stat. 4709; Pub. L. 102–375, title I, § 102(b)(10)(A), title III, § 309, Sept. 30, 1992, 106 Stat. 1202, 1235; Pub. L. 103–171, §§ 2(10), 3(a)(13), Dec. 2, 1993, 107 Stat. 1989, 1990; Pub. L. 106–501, title III, § 308, Nov. 13, 2000, 114 Stat. 2246.) Editorial Notes REFERENCES IN TEXT The Robert T. Stafford Disaster Relief and Emer- gency Assistance Act, referred to in subsec. (a)(1), is Pub. L. 93–288, May 22, 1974, 88 Stat. 143, which is classi- fied principally to chapter 68 (§ 5121 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5121 of this title and Tables.