Source
(Pub. L. 89–73, title III, § 308, as added Pub. L. 95–478, title I, § 103(b), Oct. 18, 1978, 92 Stat. 1530; amended Pub. L. 97–115, §§ 3(d),
8, Dec. 29, 1981, 95 Stat. 1597, 1600; Pub. L. 98–459, title III, § 308, Oct. 9, 1984, 98 Stat. 1777; Pub. L. 100–175, title I, §§ 129(c)(2),
182
(l), Nov. 29, 1987, 101 Stat. 935, 966; Pub. L. 102–375, title I, § 102(b)(9)(C), (10)(A), title III, § 308, title IX, § 904(a)(14), Sept. 30, 1992, 106 Stat. 1202, 1234, 1308; Pub. L. 103–171, § 3(a)(13), Dec. 2, 1993, 107 Stat. 1990; Pub. L. 106–501, title III, § 307, Nov. 13, 2000, 114 Stat. 2245.)
Prior Provisions
A prior section
3028,
Pub. L. 89–73, title III, § 308, as added
Pub. L. 93–29, title III, § 301, May 3, 1973,
87 Stat. 44;
Pub. L. 94–135, title I, §§ 108,
112
(c), Nov. 28, 1975,
89 Stat. 717, 719, related to model projects, prior to the general amendment of this subchapter by
Pub. L. 95–478.
Provisions similar to those comprising this section were contained in
Pub. L. 89–73, title III, § 306, as added
Pub. L. 93–29, title III, § 301, May 3, 1973,
87 Stat. 43;
Pub. L. 94–135, title I, § 107, Nov. 28, 1975,
89 Stat. 716, which was classified to section
3026 of this title prior to repeal by
Pub. L. 95–478.
Amendments
2000—Subsec. (b)(4)(A).
Pub. L. 106–501, § 307(1)(A)(ii), substituted “40 percent” for “30 percent”.
Pub. L. 106–501, § 307(1)(A)(i), which directed amendment of subpar. (A) by striking “in its plan under section
3027
(a)(13) of this title regarding Part C of this subchapter,” was executed by striking “in its plan under section
3027
(a)(13) regarding part C of this subchapter,” after “the State may elect” to reflect the probable intent of Congress.
Subsec. (b)(4)(B).
Pub. L. 106–501, § 307(1)(B), substituted “for any fiscal year” for “for fiscal year 1993, 1994, 1995, or 1996” and “to satisfy such need an additional 10 percent of the funds so received by a State and attributable to funds appropriated under paragraph (1) or (2) of section
3023
(b) of this title.” for “to satisfy such need—
“(i) an additional 18 percent of the funds so received for fiscal year 1993;
“(ii) an additional 15 percent of the funds so received for each of the fiscal years 1994 and 1995; and
“(iii) an additional 10 percent of the funds so received for fiscal year 1996.”
Subsec. (b)(4)(C).
Pub. L. 106–501, § 307(1)(C), added subpar. (C).
Subsec. (b)(5).
Pub. L. 106–501, § 307(2), added par. (5) and struck out former par. (5) which authorized election by a State to transfer funds for fiscal years 1993 through 1996 between programs under parts B and C of this subchapter, provided for a State to obtain a need-based waiver to transfer additional funds, and related to required contents and approval of the application for such transfer of funds.
1993—
Pub. L. 103–171 substituted “Assistant Secretary” for “Commissioner” wherever appearing.
1992—Subsec. (a)(3).
Pub. L. 102–375, § 308(1), inserted “been” after “Any State which has”.
Subsec. (b)(1)(B), (2)(B).
Pub. L. 102–375, § 904(a)(14)(A), inserted “United States” before “Virgin Islands”.
Subsec. (b)(3)(B)(iii).
Pub. L. 102–375, §§ 102(b)(9)(C), (10)(A),
904
(a)(14)(B), inserted “on aging” after “area agencies”, struck out “designated under section
3025 of this title” after “such State”, and substituted “objectives” for “purposes”.
Subsec. (b)(4).
Pub. L. 102–375, §§ 308(2)(A),
904
(a)(14)(B), designated existing provisions as subpar. (A), inserted “and except as provided in subparagraph (B)” after “provision of this subchapter”, substituted “received by a State and attributable to funds appropriated under paragraph (1) or (2) of section
3023
(b) of 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 appropriated”, 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), respectively.
Subsec. (b)(2).
Pub. L. 100–175, § 182(l)(3), struck designation “(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), substituted “the Commissioner” for “he”.
Subsec. (b)(5)(A).
Pub. L. 100–175, § 182(l)(5), substituted “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), substituted 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 fiscal year 1986, and not more than 30 percent of funds allotted 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), substituted “Amounts available to States under subsection (b)(1) of this section” for “Amounts appropriated under section
3023 of this title”.
Subsec. (a)(2).
Pub. L. 98–459, § 308(a)(2), substituted “available to a State under subsection (b)(1) of this section” for “received 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 respect to allotments to States for State planning, coordination, 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 appropriations or $300,000, whichever was greater, and for territories of no less than one-fourth of 1 percent of appropriations 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), redesignated former par. (2) as (3) and struck out former par. (3) which had provided that each State would be entitled 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), substituted “If the aggregate amount appropriated under section
3023 of this title for a fiscal year does not exceed $800,000,000, then any” for “Any”.
Subsec. (b)(4).
Pub. L. 98–459, § 308(b)(2), (4), (5), redesignated par. (5) as (4), and substituted “unless the Commissioner 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 available to him.
Subsec. (b)(5), (6).
Pub. L. 98–459, § 308(b)(3), (5), redesignated par. (6) as (5), inserted “(A)” after paragraph designation and “and except as provided in subparagraph (B)”, and added subpar. (B). Former par. (5) redesignated (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).
Effective Date of 1987 Amendment
Amendment by
Pub. L. 100–175 effective Oct. 1, 1987, except not applicable with respect to any area plan submitted 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.
Termination of Trust Territory of the Pacific Islands
For termination of Trust Territory of the Pacific Islands, see note set out preceding section
1681 of Title
48, Territories and Insular Possessions.