---
kind: "section"
citation: "42 U.S.C. § 3056d"
title: "42"
title_heading: "The Public Health and Welfare"
number: "3056d"
heading: "Distribution of assistance"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/3056d"
units:
  - "Chapter 35 — Programs for Older Americans"
  - "Subchapter IX — Community Service Senior Opportunities"
---

# §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](/usc/42/3002.md?p=46) may first reserve not more than 1.5 percent to carry out demonstration [projects](/usc/42/13641.md?p=2), pilot [projects](/usc/42/13641.md?p=2), and evaluation [projects](/usc/42/13641.md?p=2) under [section 3056(e) of this title](/usc/42/3056.md?p=e).
  - (2) **Reservation for territories—** Of the funds appropriated to carry out this subchapter for each fiscal year, the [Secretary](/usc/42/3002.md?p=46) shall reserve 0.75 percent, of which—
    - (A) Guam, American Samoa, and the United States Virgin Islands shall each receive 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](/usc/42/3002.md?p=46) shall reserve such amount as may be necessary to make national grants to public or [nonprofit](/usc/42/3002.md?p=39) national [Indian](/usc/42/3002.md?p=26) aging organizations with the ability to provide [community service employment](/usc/42/3056p.md?p=a-2) and other authorized activities for [eligible individuals](/usc/42/3056p.md?p=a-3-A) who are [Indians](/usc/42/3002.md?p=26) and to national public or [nonprofit](/usc/42/3002.md?p=39) Pacific Island and Asian American aging organizations with the ability to provide [community service employment](/usc/42/3056p.md?p=a-2) and other authorized activities for [eligible individuals](/usc/42/3056p.md?p=a-3-A) who are [Pacific Island and Asian Americans](/usc/42/3056p.md?p=a-6).
- (b) **State allotments—** The allotment for each [State](/usc/42/3002.md?p=51) shall be the sum of the amounts allotted for national grants in such [State](/usc/42/3002.md?p=51) under [subsection (d)](#d) and for the grant to such [State](/usc/42/3002.md?p=51) under [subsection (e)](#e).
- (c) **Division between national grants and grants to States—** The funds appropriated to carry out this subchapter for any fiscal year that remain after amounts are reserved under paragraphs [(1)](#a-1), [(2)](#a-2), and [(3)](#a-3) of subsection (a) shall be divided by the [Secretary](/usc/42/3002.md?p=46) between national grants and grants to [States](/usc/42/3002.md?p=51) as follows:
  - (1) **Reservation of funds for fiscal year 2000 level of activities—**
    - (A) **In general—** The [Secretary](/usc/42/3002.md?p=46) 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 national grants from the [Secretary](/usc/42/3002.md?p=46), and the fiscal year 2000 level of activities supported by [State](/usc/42/3002.md?p=51) 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 [subparagraph (A)](#c-1-A), then the amount described in [subparagraph (A)](#c-1-A) shall be reduced proportionally.
  - (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)](#c-1), but not to exceed $35,000,000, shall be divided so that 75 percent shall be provided to [State](/usc/42/3002.md?p=51) grantees and 25 percent shall be provided to grantees that operate under this subchapter under national grants from the [Secretary](/usc/42/3002.md?p=46).
    - (B) **Over $35,000,000—** The amount of funds remaining (if any) after the application of [subparagraph (A)](#c-2-A) shall be divided so that 50 percent shall be provided to [State](/usc/42/3002.md?p=51) grantees and 50 percent shall be provided to grantees that operate under this subchapter under national grants from the [Secretary](/usc/42/3002.md?p=46).
- (d) **Allotments for national grants—** From funds available under [subsection (c)](#c) for national grants, the [Secretary](/usc/42/3002.md?p=46) shall allot for public and [nonprofit](/usc/42/3002.md?p=39) private [agency](/usc/42/8262.md?p=1) and organization grantees that operate under this subchapter under national grants from the [Secretary](/usc/42/3002.md?p=46) in each [State](/usc/42/3002.md?p=51), 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](/usc/42/3002.md?p=51) and the allotment percentage of such [State](/usc/42/3002.md?p=51) bears to the sum of the corresponding products for all [States](/usc/42/3002.md?p=51), except as follows:
  - (1) **Minimum allotment—** No [State](/usc/42/3002.md?p=51) shall be provided an amount under this subsection that is less than ½ of 1 percent of the amount provided under [subsection (c)](#c) for public and [nonprofit](/usc/42/3002.md?p=39) private [agency](/usc/42/8262.md?p=1) and organization grantees that operate under this subchapter under national grants from the [Secretary](/usc/42/3002.md?p=46) in all of the [States](/usc/42/3002.md?p=51).
  - (2) **Hold harmless—** If such amount provided under [subsection (c)](#c) is—
    - (A) equal to or less than the amount necessary to maintain the fiscal year 2000 level of activities, allotments for grantees that operate under this subchapter under national grants from the [Secretary](/usc/42/3002.md?p=46) in each [State](/usc/42/3002.md?p=51) 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 activities, no [State](/usc/42/3002.md?p=51) shall be provided a percentage increase above the amount necessary to maintain the fiscal year 2000 level of activities for grantees that operate under this subchapter under national grants from the [Secretary](/usc/42/3002.md?p=46) in the [State](/usc/42/3002.md?p=51) that is less than 30 percent of the percentage increase above the amount necessary to maintain the fiscal year 2000 level of activities for public and private [nonprofit](/usc/42/3002.md?p=39) [agency](/usc/42/8262.md?p=1) and organization grantees that operate under this subchapter under national grants from the [Secretary](/usc/42/3002.md?p=46) in all of the [States](/usc/42/3002.md?p=51).
  - (3) **Reduction—** Allotments for [States](/usc/42/3002.md?p=51) not affected by paragraphs [(1)](#d-1) and [(2)(B)](#d-2-B) shall be reduced proportionally to satisfy the conditions in such paragraphs.
- (e) **Allotments for grants to States—** From the amount provided for grants to [States](/usc/42/3002.md?p=51) under [subsection (c)](#c), the [Secretary](/usc/42/3002.md?p=46) shall allot for the [State](/usc/42/3002.md?p=51) grantee in each [State](/usc/42/3002.md?p=51) an amount that bears the same ratio to such amount as the product of the number of individuals age 55 or older in the [State](/usc/42/3002.md?p=51) and the allotment percentage of such [State](/usc/42/3002.md?p=51) bears to the sum of the corresponding products for all [States](/usc/42/3002.md?p=51), except as follows:
  - (1) **Minimum allotment—** No [State](/usc/42/3002.md?p=51) shall be provided an amount under this subsection that is less than ½ of 1 percent of the amount provided under [subsection (c)](#c) for [State](/usc/42/3002.md?p=51) grantees in all of the [States](/usc/42/3002.md?p=51).
  - (2) **Hold harmless—** If such amount provided under [subsection (c)](#c) is—
    - (A) equal to or less than the amount necessary to maintain the fiscal year 2000 level of activities, allotments for [State](/usc/42/3002.md?p=51) grantees in each [State](/usc/42/3002.md?p=51) 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 activities, no [State](/usc/42/3002.md?p=51) shall be provided a percentage increase above the amount necessary to maintain the fiscal year 2000 level of activities for [State](/usc/42/3002.md?p=51) grantees in the [State](/usc/42/3002.md?p=51) that is less than 30 percent of the percentage increase above the amount necessary to maintain the fiscal year 2000 level of activities for [State](/usc/42/3002.md?p=51) grantees in all of the [States](/usc/42/3002.md?p=51).
  - (3) **Reduction—** Allotments for [States](/usc/42/3002.md?p=51) not affected by paragraphs [(1)](#e-1) and [(2)(B)](#e-2-B) shall be reduced proportionally to satisfy the conditions in such paragraphs.
- (f) **Allotment percentage—** For purposes of subsections [(d)](#d) and [(e)](#e) and this subsection—
  - (1) the allotment percentage of each [State](/usc/42/3002.md?p=51) shall be 100 percent less that percentage that bears the same ratio to 50 percent as the per capita [income](/usc/42/3056p.md?p=a-4) of such [State](/usc/42/3002.md?p=51) bears to the per capita [income](/usc/42/3056p.md?p=a-4) 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 District of Columbia and the Commonwealth of Puerto Rico shall be 75 percent;
  - (2) the number of individuals age 55 or older in any [State](/usc/42/3002.md?p=51) and in all [States](/usc/42/3002.md?p=51), and the per capita [income](/usc/42/3056p.md?p=a-4) in any [State](/usc/42/3002.md?p=51) and in all [States](/usc/42/3002.md?p=51), shall be determined by the [Secretary](/usc/42/3002.md?p=46) on the basis of the most satisfactory data available to the [Secretary](/usc/42/3002.md?p=46); and
  - (3) for the purpose of determining the allotment percentage, the term “United States” means the 50 [States](/usc/42/3002.md?p=51),[^1] and the District of Columbia.
- (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 specified in [section 206(a)(1) of title 29](/usc/29/206.md?p=a-1), 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)](#g-1-A), for the purpose of covering Federal payments for fringe benefits; and
    - (C) an amount determined by the [Secretary](/usc/42/3002.md?p=46), for the purpose of covering Federal payments for the remainder of all other [program](/usc/42/3056p.md?p=a-7) and administrative costs.
  - (2) **Fiscal year 2000 level of activities—** The term “fiscal year 2000 level of activities” means—
    - (A) with respect to public and [nonprofit](/usc/42/3002.md?p=39) private [agency](/usc/42/8262.md?p=1) and organization grantees that operate under this subchapter under national grants from the [Secretary](/usc/42/3002.md?p=46), their level of activities for fiscal year 2000; and
    - (B) with respect to [State](/usc/42/3002.md?p=51) grantees, their level of activities for fiscal year 2000.
  - (3) **Grants to States—** The term “grants to [States](/usc/42/3002.md?p=51)” means grants made under this subchapter by the [Secretary](/usc/42/3002.md?p=46) to the [States](/usc/42/3002.md?p=51).
  - (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](/usc/42/3002.md?p=46) to public and [nonprofit](/usc/42/3002.md?p=39) private [agency](/usc/42/8262.md?p=1) and organization grantees that operate under this subchapter.
  - (6) **State—** The term “[State](/usc/42/3002.md?p=51)” does not include Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and the United States Virgin Islands.

## Footnotes

[^1]: So in original. The comma probably should not appear.

## Source credit

(Pub. L. 89–73, title V, § 506, as added Pub. L. 109–365, title V, § 501, Oct. 17, 2006, 120 Stat. 2576.)

## Notes

### 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, related to national grants or contracts and State allotments 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 classified to section 3041e of this title, prior to repeal by Pub. L. 95–478.