42 U.S.C. § 3056d — Distribution of assistance

Page 5799 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3056d L. 103–171, § 3(a)(8), Dec. 2, 1993, 107 Stat. 1990; Pub. L. 105–332, § 3(i)(2), Oct. 31, 1998, 112 Stat. 3126, related to interagency cooperation, prior to the general amend- ment of this subchapter by Pub. L. 106–501. Another prior section 505 of Pub. L. 89–73 was classi- fied to section 3041d of this title, prior to repeal by Pub. L. 95–478. AMENDMENTS 2014—Subsec. (c)(1). Pub. L. 113–128 substituted ‘‘ac- tivities carried out under other Acts, especially activi- ties provided under the Workforce Innovation and Op- portunity Act, including activities provided through one-stop delivery systems established under section 121(e) of such Act,’’ for ‘‘activities carried out under other Acts, especially activities provided under the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.), including activities provided through one-stop de- livery systems established under section 134(c)) of such Act (29 U.S.C. 2864(c)),’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2014 AMENDMENT Amendment by Pub. L. 113–128 effective on the first day of the first full program year after July 22, 2014 (July 1, 2015), see section 506 of Pub. L. 113–128, set out as an Effective Date note under section 3101 of Title 29, Labor. § 3056d. Distribution of assistance (a) Reservations (1) Reservation for pilot demonstration and evaluation projects Of the funds appropriated to carry out this subchapter for each fiscal year, the Secretary may first reserve not more than 1.5 percent to carry out demonstration projects, pilot projects, and evaluation projects under section 3056(e) of this title. (2) Reservation for territories Of the funds appropriated to carry out this subchapter for each fiscal year, the Secretary shall reserve 0.75 percent, of which— (A) Guam, American Samoa, and the United States Virgin Islands shall each re- ceive 30 percent of the funds so reserved; and (B) the Commonwealth of the Northern Mariana Islands shall receive 10 percent of the funds so reserved. (3) Reservation for organizations Of the funds appropriated to carry out this subchapter for each fiscal year, the Secretary shall reserve such amount as may be necessary to make national grants to public or nonprofit national Indian aging organizations with the ability to provide community service employ- ment and other authorized activities for eligi- ble individuals who are Indians and to na- tional public or nonprofit Pacific Island and Asian American aging organizations with the ability to provide community service employ- ment and other authorized activities for eligi- ble individuals who are Pacific Island and Asian Americans. (b) State allotments The allotment for each State shall be the sum of the amounts allotted for national grants in such State under subsection (d) and for the grant to such State under subsection (e). (c) Division between national grants and grants to States The funds appropriated to carry out this sub- chapter for any fiscal year that remain after amounts are reserved under paragraphs (1), (2), and (3) of subsection (a) shall be divided by the Secretary between national grants and grants to States as follows: (1) Reservation of funds for fiscal year 2000 level of activities (A) In general The Secretary shall reserve the amount of funds necessary to maintain the fiscal year 2000 level of activities supported by grantees that operate under this subchapter under na- tional grants from the Secretary, and the fiscal year 2000 level of activities supported by State grantees under this subchapter, in proportion to their respective fiscal year 2000 levels of activities. (B) Insufficient appropriations If in any fiscal year the funds appropriated to carry out this subchapter are insufficient to satisfy the requirement specified in sub- paragraph (A), then the amount described in subparagraph (A) shall be reduced propor- tionally. (2) Funding in excess of fiscal year 2000 level of activities (A) Up to $35,000,000 The amount of funds remaining (if any) after the application of paragraph (1), but not to exceed $35,000,000, shall be divided so that 75 percent shall be provided to State grantees and 25 percent shall be provided to grantees that operate under this subchapter under national grants from the Secretary. (B) Over $35,000,000 The amount of funds remaining (if any) after the application of subparagraph (A) shall be divided so that 50 percent shall be provided to State grantees and 50 percent shall be provided to grantees that operate under this subchapter under national grants from the Secretary. (d) Allotments for national grants From funds available under subsection (c) for national grants, the Secretary shall allot for public and nonprofit private agency and organi- zation grantees that operate under this sub- chapter under national grants from the Sec- retary in each State, an amount that bears the same ratio to such funds as the product of the number of individuals age 55 or older in the State and the allotment percentage of such State bears to the sum of the corresponding products for all States, except as follows: (1) Minimum allotment No State shall be provided an amount under this subsection that is less than 1⁄2 of 1 percent of the amount provided under subsection (c) for public and nonprofit private agency and or- ganization grantees that operate under this subchapter under national grants from the Secretary in all of the States. (2) Hold harmless If such amount provided under subsection (c) is— Page 5800 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3056d 1 So in original. The comma probably should not appear. (A) equal to or less than the amount nec- essary to maintain the fiscal year 2000 level of activities, allotments for grantees that operate under this subchapter under na- tional grants from the Secretary in each State shall be proportional to the amount necessary to maintain their fiscal year 2000 level of activities; or (B) greater than the amount necessary to maintain the fiscal year 2000 level of activi- ties, no State shall be provided a percentage increase above the amount necessary to maintain the fiscal year 2000 level of activi- ties for grantees that operate under this sub- chapter under national grants from the Sec- retary in the State that is less than 30 per- cent of the percentage increase above the amount necessary to maintain the fiscal year 2000 level of activities for public and private nonprofit agency and organization grantees that operate under this subchapter under national grants from the Secretary in all of the States. (3) Reduction Allotments for States not affected by para- graphs (1) and (2)(B) shall be reduced propor- tionally to satisfy the conditions in such para- graphs. (e) Allotments for grants to States From the amount provided for grants to States under subsection (c), the Secretary shall allot for the State grantee in each State an amount that bears the same ratio to such amount as the product of the number of individ- uals age 55 or older in the State and the allot- ment percentage of such State bears to the sum of the corresponding products for all States, ex- cept as follows: (1) Minimum allotment No State shall be provided an amount under this subsection that is less than 1⁄2 of 1 percent of the amount provided under subsection (c) for State grantees in all of the States. (2) Hold harmless If such amount provided under subsection (c) is— (A) equal to or less than the amount nec- essary to maintain the fiscal year 2000 level of activities, allotments for State grantees in each State shall be proportional to the amount necessary to maintain their fiscal year 2000 level of activities; or (B) greater than the amount necessary to maintain the fiscal year 2000 level of activi- ties, no State shall be provided a percentage increase above the amount necessary to maintain the fiscal year 2000 level of activi- ties for State grantees in the State that is less than 30 percent of the percentage in- crease above the amount necessary to main- tain the fiscal year 2000 level of activities for State grantees in all of the States. (3) Reduction Allotments for States not affected by para- graphs (1) and (2)(B) shall be reduced propor- tionally to satisfy the conditions in such para- graphs. (f) Allotment percentage For purposes of subsections (d) and (e) and this subsection— (1) the allotment percentage of each State shall be 100 percent less that percentage that bears the same ratio to 50 percent as the per capita income of such State bears to the per capita income of the United States, except that— (A) the allotment percentage shall be not more than 75 percent and not less than 33 percent; and (B) the allotment percentage for the Dis- trict of Columbia and the Commonwealth of Puerto Rico shall be 75 percent; (2) the number of individuals age 55 or older in any State and in all States, and the per cap- ita income in any State and in all States, shall be determined by the Secretary on the basis of the most satisfactory data available to the Secretary; and (3) for the purpose of determining the allot- ment percentage, the term ‘‘United States’’ means the 50 States,1 and the District of Co- lumbia. (g) Definitions In this section: (1) Cost per authorized position The term ‘‘cost per authorized position’’ means the sum of— (A) the hourly minimum wage rate speci- fied in section 206(a)(1) of title 29, multiplied by the number of hours equal to the product of 21 hours and 52 weeks; (B) an amount equal to 11 percent of the amount specified under subparagraph (A), for the purpose of covering Federal pay- ments for fringe benefits; and (C) an amount determined by the Sec- retary, for the purpose of covering Federal payments for the remainder of all other pro- gram and administrative costs. (2) Fiscal year 2000 level of activities The term ‘‘fiscal year 2000 level of activi- ties’’ means— (A) with respect to public and nonprofit private agency and organization grantees that operate under this subchapter under na- tional grants from the Secretary, their level of activities for fiscal year 2000; and (B) with respect to State grantees, their level of activities for fiscal year 2000. (3) Grants to States The term ‘‘grants to States’’ means grants made under this subchapter by the Secretary to the States. (4) Level of activities The term ‘‘level of activities’’ means the number of authorized positions multiplied by the cost per authorized position. (5) National grants The term ‘‘national grants’’ means grants made under this subchapter by the Secretary to public and nonprofit private agency and or- Page 5801 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3056g ganization grantees that operate under this subchapter. (6) State The term ‘‘State’’ does not include Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and the United States Virgin Islands. (Pub. L. 89–73, title V, § 506, as added Pub. L. 109–365, title V, § 501, Oct. 17, 2006, 120 Stat. 2576.) Editorial Notes PRIOR PROVISIONS A prior section 3056d, Pub. L. 89–73, title V, § 506, as added Pub. L. 106–501, title V, § 501, Nov. 13, 2000, 114 Stat. 2276, related to distribution of assistance, prior to the general amendment of this subchapter by Pub. L. 109–365. Another prior section 3056d, Pub. L. 89–73, title V, § 506, formerly title IX, § 906, as added Pub. L. 94–135, title I, § 113(a), Nov. 28, 1975, 89 Stat. 723; renumbered title V, § 506, and amended Pub. L. 95–478, title I, § 105(a), (e), Oct. 18, 1978, 92 Stat. 1547, 1548; Pub. L. 97–115, § 12(e), Dec. 29, 1981, 95 Stat. 1607; Pub. L. 98–459, title V, § 503(a), (b), Oct. 9, 1984, 98 Stat. 1787; Pub. L. 100–175, title I, §§ 162(b), 182(b)(3), Nov. 29, 1987, 101 Stat. 957, 964; Pub. L. 102–375, title V, § 504(a)–(c)(1), (3), title IX, § 904(b)(2), Sept. 30, 1992, 106 Stat. 1267–1269, 1309, re- lated to national grants or contracts and State allot- ments for projects, prior to the general amendment of this subchapter by Pub. L. 106–501. Another prior section 506 of Pub. L. 89–73 was classi- fied to section 3041e of this title, prior to repeal by Pub. L. 95–478. § 3056e. Equitable distribution (a) Interstate allocation In making grants under section 3056(b) of this title from allotments made under section 3056d of this title, the Secretary shall ensure, to the extent feasible, an equitable distribution of ac- tivities under such grants, in the aggregate, among the States, taking into account the needs of underserved States. (b) Intrastate allocation The amount allocated for projects within each State under section 3056d of this title shall be allocated among areas in the State in an equi- table manner, taking into consideration the State priorities set out in the State plan in ef- fect under section 3056a(a) of this title. (Pub. L. 89–73, title V, § 507, as added Pub. L. 109–365, title V, § 501, Oct. 17, 2006, 120 Stat. 2579.) Editorial Notes PRIOR PROVISIONS A prior section 3056e, Pub. L. 89–73, title V, § 507, as added Pub. L. 106–501, title V, § 501, Nov. 13, 2000, 114 Stat. 2280, related to equitable distribution of activities and projects, prior to the general amendment of this subchapter by Pub. L. 109–365. Another prior section 3056e, Pub. L. 89–73, title V, § 507, formerly title IX, § 907, as added Pub. L. 94–135, title I, § 113(a), Nov. 28, 1975, 89 Stat. 724; renumbered title V, § 507, and amended Pub. L. 95–478, title I, § 105(a), (f), Oct. 18, 1978, 92 Stat. 1547, 1548; Pub. L. 97–115, § 12(a)(3), (f), Dec. 29, 1981, 95 Stat. 1606, 1607; Pub. L. 98–459, title V, § 503(c), Oct. 9, 1984, 98 Stat. 1787; Pub. L. 100–175, title I, §§ 164, 182(b)(4), (p), Nov. 29, 1987, 101 Stat. 958, 964, 967; Pub. L. 100–628, title VII, § 705(9), Nov. 7, 1988, 102 Stat. 3247; Pub. L. 102–375, title I, § 102(b)(8), title V, § 504(c)(1), Sept. 30, 1992, 106 Stat. 1201, 1269, re- lated to definitions, prior to the general amendment of this subchapter by Pub. L. 106–501. Another prior section 507 of Pub. L. 89–73 was classi- fied to section 3041f of this title, prior to repeal by Pub. L. 95–478. § 3056f. Report To carry out the Secretary’s responsibilities for reporting in section 3056a(g) of this title, the Secretary shall require the State agency for each State that receives funds under this sub- chapter to prepare and submit a report at the beginning of each fiscal year on such State’s compliance with section 3056e(b) of this title. Such report shall include the names and geo- graphic location of all projects assisted under this subchapter and carried out in the State and the amount allocated to each such project under section 3056d of this title. (Pub. L. 89–73, title V, § 508, as added Pub. L. 109–365, title V, § 501, Oct. 17, 2006, 120 Stat. 2579.) Editorial Notes PRIOR PROVISIONS A prior section 3056f, Pub. L. 89–73, title V, § 508, as added Pub. L. 106–501, title V, § 501, Nov. 13, 2000, 114 Stat. 2280, required annual report on State’s compli- ance with section 3056e(b) of this title, prior to the gen- eral amendment of this subchapter by Pub. L. 109–365. Another prior section 3056f, Pub. L. 89–73, title V, § 508, formerly title IX, § 908, as added Pub. L. 94–135, title I, § 113(a), Nov. 28, 1975, 89 Stat. 725; renumbered title V, § 508, and amended Pub. L. 95–478, title I, § 105(a), (g), Oct. 18, 1978, 92 Stat. 1547, 1548; Pub. L. 97–115, § 12(g), Dec. 29, 1981, 95 Stat. 1607; Pub. L. 98–459, title V, § 504, Oct. 9, 1984, 98 Stat. 1787; Pub. L. 100–175, title I, § 165, Nov. 29, 1987, 101 Stat. 958; Pub. L. 102–375, title V, § 505, Sept. 30, 1992, 106 Stat. 1269, related to au- thorization of appropriations, prior to the general amendment of this subchapter by Pub. L. 106–501. § 3056g. Employment assistance and Federal housing and supplemental nutrition assist- ance programs Funds received by eligible individuals from projects carried out under the program estab- lished under this subchapter shall not be consid- ered to be income of such individuals for pur- poses of determining the eligibility of such indi- viduals, or of any other individuals, to partici- pate in any housing program for which Federal funds may be available or for any income deter- mination under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.). (Pub. L. 89–73, title V, § 509, as added Pub. L. 109–365, title V, § 501, Oct. 17, 2006, 120 Stat. 2579; amended Pub. L. 110–234, title IV, § 4002(b)(1)(B), (2)(BB), May 22, 2008, 122 Stat. 1096, 1097; Pub. L. 110–246, § 4(a), title IV, § 4002(b)(1)(B), (2)(BB), June 18, 2008, 122 Stat. 1664, 1857, 1859; Pub. L. 113–79, title IV, § 4030(s), Feb. 7, 2014, 128 Stat. 815.) Editorial Notes REFERENCES IN TEXT The Food and Nutrition Act of 2008, referred to in text, is Pub. L. 88–525, Aug. 31, 1964, 78 Stat. 703, which is classified generally to chapter 51 (§ 2011 et seq.) of Title 7, Agriculture. For complete classification of this