Title 42 — The Public Health and Welfare
Part A · Chapter 35 — Programs for Older Americans
§ 3029. Payments of grants or contracts
Statutory text
Advances or reimbursement; installments; assistance in development of State plan
Payments of grants or contracts under this subchapter may be made (after necessary adjustments resulting from previously made overpayments 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 Assistant 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.
Matching funds; percentage limitation
For each fiscal year, not less than 25 percent of the non-Federal share of the total expenditures under the State plan which is required by section 3024(d) of this title shall be met from funds from State or local public sources.
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 3024(d)(1)(D) of this title, shall be met from State sources.
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 preceding such year.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Older Americans Act of 1965
Pub. L. 89–73 title III § 309 · 79 Stat. 218
Enacted · 42 U.S.C. § 3029
Pub. L. 89–73, title III, § 309, as added Pub. L. 95–478, title I, § 103(b), Oct. 18, 1978, 92 Stat. 1532
Source evidence
Code source credit
Pub. L. 89–73, title III, § 309, as added Pub. L. 95–478, title I, § 103(b), Oct. 18, 1978, 92 Stat. 1532Older Americans Act Amendments of 1984
Pub. L. 98–459 § 309(a) · 98 Stat. 1767
Substituted · 42 U.S.C. § 3029(a)
Pub. L. 98–459, § 309(a), substituted “as the Commissioner deems appropriate” for “as he deems appropriate”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 98–459, § 309(a), substituted “as the Commissioner deems appropriate” for “as he deems appropriate”.Enacted provision · exact public law section
(a) Section 309(a) of the Act (42 U.S.C. 3029(a)) is amended by striking out “he” and inserting in lieu thereof “the Commissioner”.Older Americans Act Amendments of 1984
Pub. L. 98–459 § 309(b) · 98 Stat. 1767
Substituted · 42 U.S.C. § 3029(b)(2)
Pub. L. 98–459, § 309(b), substituted “section 3024(d)(1)(D)” for “section 3024(d)(1)(B)”
Source evidence
Code amendment note
Subsec. (b)(2). Pub. L. 98–459, § 309(b), substituted “section 3024(d)(1)(D)” for “section 3024(d)(1)(B)”.Enacted provision · exact public law section
(b) Section 309(b)(2) of the Act (42 U.S.C. 3029(b)(2)) is amended by striking out “section 304(d)(1)(B)” and inserting in lieu thereof “section 304(d)(1)(D)”. Ante, p. 1772.Older Americans Act Amendments of 1987
Pub. L. 100–175 title I § 139 · 101 Stat. 926
Substituted · 42 U.S.C. § 3029(c)
Pub. L. 100–175 substituted “its average annual expenditures from such sources for the period of 3 fiscal years preceding such year” for “its expenditures from such sources for the preceding fiscal year”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 100–175 substituted “its average annual expenditures from such sources for the period of 3 fiscal years preceding such year” for “its expenditures from such sources for the preceding fiscal year”.Enacted provision · exact public law section
SEC. 139. PAYMENTS. Section 309(c) of the Older Americans Act of 1965 (42 U.S.C. 3029(c)) is amended— (1) by inserting “average annual” after “less than its”, and (2) by striking “preceding fiscal year” and inserting “period of 3 fiscal years preceding such year”.Effective date note
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.Older Americans Act Technical Amendments of 1993
Pub. L. 103–171 § 3(a)(13) · 107 Stat. 1988
Substituted · 42 U.S.C. § 3029(a)
Pub. L. 103–171 substituted “Assistant Secretary” for “Commissioner” wherever appearing
Source evidence
Code amendment note
Subsec. (a). Pub. L. 103–171 substituted “Assistant Secretary” for “Commissioner” wherever appearing.Enacted provision · exact public law section
(13) 42 USC 3013 et seq. by striking “Commissioner” each place it appears, and inserting “Assistant Secretary”, in sections 203(a), 203A, 204(d), 205, 206(g), 207, 211, 214, 215(b)(2), 301, 304, 305, 306, 308, 309(a), 310, 312, 313(a), 314, 321, 331, 336, 337, 338(a), 338A, 338B, 341, 351, 361, 381, 402, 411, 412, 421, 422, 423, 424, 425(a), 428, 429, 429A, 429B, 429C, 429D, 429F, 429G, 429H, 4291, 429J, 431, 432, 433, 613, 614, 614A, 623, 624, 631, 632, 701, 703, 705(a)(7)(D), 713, 741(a)(4)(G), 763, and 764(a).Pub. L. 109–365 title III § 308 · 120 Stat. 2545
Substituted · 42 U.S.C. § 3029(b)(2)
Pub. L. 109–365 substituted “10 percent of the cost of the services specified in such section 3024(d)(1)(D) of this title” for “the non-Federal share required prior to fiscal year 1981”
Unresolved: Pub. L. 109–365 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (b)(2). Pub. L. 109–365 substituted “10 percent of the cost of the services specified in such section 3024(d)(1)(D) of this title” for “the non-Federal share required prior to fiscal year 1981”.
4 of 6 references resolved to an enrolled provision · 1 partial · 1 unresolved
Editorial Notes
Prior Provisions
A prior section 3029, Pub. L. 89–73, title III, § 309, as added Pub. L. 93–351, § 3, , 88 Stat. 357, related 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, , 87 Stat. 44, which was classified to section 3027 of this title prior to repeal by Pub. L. 95–478.
Amendments1984–2006 · 4 rounds
2006
Subsec. (b)(2). Pub. L. 109–365 substituted “10 percent of the cost of the services specified in such section 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 “Assistant Secretary” for “Commissioner” wherever appearing.
1987
Subsec. (c). Pub. L. 100–175 substituted “its average annual expenditures from such sources for the period of 3 fiscal years preceding such year” for “its expenditures 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 , 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 , 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 , 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 , see section 504 of Pub. L. 95–478, set out as an Effective Date of 1978 Amendment note under section 3001 of this title.
Credits
1978–2006 · 5 acts
- 1978Pub. L. 89–73, title III, § 309, as added Pub. L. 95–478, title I, § 103(b), , 92 Stat. 1532
- 1984amended Pub. L. 98–459, title III, § 309, , 98 Stat. 1779
- 1987Pub. L. 100–175, title I, § 139, , 101 Stat. 944
- 1993Pub. L. 103–171, § 3(a)(13), , 107 Stat. 1990
- 2006Pub. L. 109–365, title III, § 308, , 120 Stat. 2545.
Show as published
(Pub. L. 89–73, title III, § 309, as added Pub. L. 95–478, title I, § 103(b), , 92 Stat. 1532; amended Pub. L. 98–459, title III, § 309, , 98 Stat. 1779; Pub. L. 100–175, title I, § 139, , 101 Stat. 944; Pub. L. 103–171, § 3(a)(13), , 107 Stat. 1990; Pub. L. 109–365, title III, § 308, , 120 Stat. 2545.)