120 STAT. 2578
PUBLIC LAW 109–365—OCT. 17, 2006
‘‘(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 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 1⁄2 of 1 percent amount under this subsection that is less than 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 necessary 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 activities, no State shall be provided a percentage increase above the amount necessary to maintain the fiscal year 2000 level of activities for State grantees in the State 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 grantees in all of the States. ‘‘(3) REDUCTION.—Allotments for States not affected by paragraphs (1) and (2)(B) shall be reduced proportionally to satisfy the conditions in such paragraphs. ‘‘(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 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 and in all States, and the per capita 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 allotment percentage, the term ‘United States’ means the 50 States, 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 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)), multiplied by the number of hours equal to the product of 21 hours and 52 weeks;
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