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

(a) Reservations (1) Pilot demonstration and evaluation projects. From the money appropriated for this subchapter for each fiscal year, the Secretary may first set aside no more than 1.5 percent for demonstration, pilot, and evaluation projects under section 3056(e) of this title. (2) Territories. From the money appropriated for this subchapter for each fiscal year, the Secretary must set aside 0.75 percent. Of that set-aside amount, Guam, American Samoa, and the United States Virgin Islands must each receive 30 percent. The Commonwealth of the Northern Mariana Islands must receive 10 percent. (3) Organizations. From the money appropriated for this subchapter for each fiscal year, the Secretary must set aside whatever amount may be needed to make national grants to: - public or nonprofit national Indian aging organizations able to provide community service employment and other authorized activities to eligible individuals who are Indians; and - national public or nonprofit Pacific Island and Asian American aging organizations able to provide community service employment and other authorized activities to eligible individuals who are Pacific Island and Asian Americans. (b) State allotments Each State’s allotment is the total of two amounts: the amount allotted for national grants in that State under subsection (d), plus the amount allotted for the grant to that State under subsection (e). (c) Division between national grants and grants to States After the Secretary makes the reservations under paragraphs (1), (2), and (3) of subsection (a), the Secretary must divide the remaining money appropriated for this subchapter for that fiscal year between national grants and grants to States as follows. (1) Funds for the fiscal year 2000 level of activities (A) General rule. The Secretary must set aside enough money to maintain the fiscal year 2000 level of activities supported by grantees operating under this subchapter through national grants from the Secretary and the fiscal year 2000 level of activities supported by State grantees under this subchapter. The Secretary must divide this money in proportion to the two groups’ respective fiscal year 2000 levels of activities. (B) Not enough appropriated money. If the money appropriated for this subchapter in a fiscal year is not enough to meet subparagraph (A), the amount described in subparagraph (A) must be reduced proportionally. (2) Funding above the fiscal year 2000 level of activities (A) Up to $35,000,000. After paragraph (1) is applied, any money left—up to $35,000,000—must be divided as follows: 75 percent goes to State grantees, and 25 percent goes to grantees operating under this subchapter through national grants from the Secretary. (B) More than $35,000,000. Any money left after subparagraph (A) is applied must be divided equally: 50 percent goes to State grantees, and 50 percent goes to grantees operating under this subchapter through national grants from the Secretary. (d) Allotments for national grants From the money available under subsection (c) for national grants, the Secretary must allot money for the public and nonprofit private agencies and organizations operating as grantees under this subchapter through national grants from the Secretary in each State. Each State’s share must bear the same ratio to the available national-grant money as this product bears to the corresponding total for all States: 1. the number of people age 55 or older in that State, multiplied by 2. that State’s allotment percentage. The following rules also apply. (1) Minimum allotment. No State may receive less than one-half of 1 percent of the amount provided under subsection (c) for these public and nonprofit private agency and organization grantees in all States. (2) Hold harmless. If the amount provided under subsection (c) is— (A) equal to or less than the amount needed to maintain the fiscal year 2000 level of activities, the allotments for national-grant grantees in each State must be proportional to the amount needed to maintain that State’s fiscal year 2000 level of activities; or (B) greater than the amount needed to maintain the fiscal year 2000 level of activities, no State may receive a percentage increase above the amount needed to maintain its fiscal year 2000 level of activities that is less than 30 percent of the percentage increase above that amount for all public and private nonprofit agency and organization grantees in all States. (3) Reduction. Allotments for States not covered by paragraph (1) or paragraph (2)(B) must be reduced proportionally to meet the conditions in those paragraphs. (e) Allotments for grants to States From the amount provided for grants to States under subsection (c), the Secretary must allot money for the State grantee in each State. Each State’s share must bear the same ratio to that amount as this product bears to the corresponding total for all States: 1. the number of people age 55 or older in that State, multiplied by 2. that State’s allotment percentage. The following rules also apply. (1) Minimum allotment. No State may receive less than one-half of 1 percent of the amount provided under subsection (c) for State grantees in all States. (2) Hold harmless. If the amount provided under subsection (c) is— (A) equal to or less than the amount needed to maintain the fiscal year 2000 level of activities, the allotments for State grantees in each State must be proportional to the amount needed to maintain that State’s fiscal year 2000 level of activities; or (B) greater than the amount needed to maintain the fiscal year 2000 level of activities, no State may receive a percentage increase above the amount needed to maintain its fiscal year 2000 level of activities that is less than 30 percent of the percentage increase above that amount for State grantees in all States. (3) Reduction. Allotments for States not covered by paragraph (1) or paragraph (2)(B) must be reduced proportionally to meet the conditions in those paragraphs. (f) Allotment percentage For subsections (d) and (e) and this subsection, each State’s allotment percentage is calculated as follows: (1) Start with 100 percent. Subtract the percentage that has the same ratio to 50 percent as that State’s per-capita income has to the per-capita income of the United States. The result is that State’s allotment percentage. However— (A) the allotment percentage may not be more than 75 percent or less than 33 percent; and (B) the allotment percentage for the District of Columbia and the Commonwealth of Puerto Rico is 75 percent. (2) The Secretary must determine the number of people age 55 or older in each State and in all States, and the per-capita income in each State and in all States, using the most satisfactory data available to the Secretary. (3) For calculating the allotment percentage, “United States” means the 50 States and the District of Columbia. The source text includes a footnote marker after “50 States”; this translation ignores that stray marker. (g) Definitions In this section: (1) “Cost per authorized position” means the total of— (A) the hourly minimum wage rate specified in section 206(a)(1) of title 29, multiplied by the number of hours equal to 21 hours multiplied by 52 weeks; (B) an amount equal to 11 percent of the amount in subparagraph (A), to cover Federal payments for fringe benefits; and (C) an amount determined by the Secretary, to cover Federal payments for the rest of all other program and administrative costs. (2) “Fiscal year 2000 level of activities” means— (A) for public and nonprofit private agency and organization grantees operating under this subchapter through national grants from the Secretary, their level of activities for fiscal year 2000; and (B) for State grantees, their level of activities for fiscal year 2000. (3) “Grants to States” means grants that the Secretary makes under this subchapter to the States. (4) “Level of activities” means the number of authorized positions multiplied by the cost per authorized position. (5) “National grants” means grants that the Secretary makes under this subchapter to public and nonprofit private agency and organization grantees operating under this subchapter. (6) “State” does not include Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, or the United States Virgin Islands. This section does not define “Secretary,” “subchapter,” “fiscal year,” “authorized activities,” “eligible individuals,” “grantee,” “national grant,” “public agency,” “nonprofit private agency,” “organization,” “per-capita income,” or “authorized position.”