-CITE-

42 USC Sec. 3029 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER III - GRANTS FOR STATE AND COMMUNITY PROGRAMS ON AGING

Part A - General Provisions

-HEAD-

Sec. 3029. Payments of grants or contracts

-STATUTE-

(a) 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.

(b) Matching funds; percentage limitation

(1) 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.

(2) Funds required to meet the non-Federal share required by

section 3024(d)(1)(D) of this title, in amounts exceeding the

non-Federal share required prior to fiscal year 1981, shall be met

from State sources.

(c) 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.

-SOURCE-

(Pub. L. 89-73, title III, Sec. 309, as added Pub. L. 95-478, title

I, Sec. 103(b), Oct. 18, 1978, 92 Stat. 1532; amended Pub. L.

98-459, title III, Sec. 309, Oct. 9, 1984, 98 Stat. 1779; Pub. L.

100-175, title I, Sec. 139, Nov. 29, 1987, 101 Stat. 944; Pub. L.

103-171, Sec. 3(a)(13), Dec. 2, 1993, 107 Stat. 1990.)

-MISC1-

PRIOR PROVISIONS

A prior section 3029, Pub. L. 89-73, title III, Sec. 309, as

added Pub. L. 93-351, Sec. 3, July 12, 1974, 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, Sec. 307, as added Pub. L.

93-29, title III, Sec. 301, May 3, 1973, 87 Stat. 44, which was

classified to section 3027 of this title prior to repeal by Pub. L.

95-478.

AMENDMENTS

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, Sec. 309(a), substituted "as

the Commissioner deems appropriate" for "as he deems appropriate".

Subsec. (b)(2). Pub. L. 98-459, Sec. 309(b), substituted "section

3024(d)(1)(D)" for "section 3024(d)(1)(B)".

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3027, 3030c-3 of this

title.

-End-

-CITE-

42 USC Sec. 3030 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER III - GRANTS FOR STATE AND COMMUNITY PROGRAMS ON AGING

Part A - General Provisions

-HEAD-

Sec. 3030. Disaster relief reimbursements

-STATUTE-

(a) Application; limitations

(1) The Assistant Secretary may provide reimbursements to any

State (or to any tribal organization receiving a grant under

subchapter X of this chapter), upon application for such

reimbursement, for funds such State makes available to area

agencies on aging in such State (or funds used by such tribal

organization) for the delivery of supportive services (and related

supplies) during any major disaster declared by the President in

accordance with the Robert T. Stafford Disaster Relief and

Emergency Assistance Act [42 U.S.C. 5121 et seq.].

(2) Total payments to all States and such tribal organizations

under paragraph (1) in any fiscal year shall not exceed 2 percent

of the total amount appropriated and available to carry out

subchapter IV of this chapter.

(3) If the Assistant Secretary decides, in the 5-day period

beginning on the date such disaster is declared by the President,

to provide an amount of reimbursement under paragraph (1) to a

State or such tribal organization, then the Assistant Secretary

shall provide not less than 75 percent of such amount to such State

or such tribal organization not later than 5 days after the date of

such decision.

(b) Setting aside of funds by Assistant Secretary

(1) At the beginning of each fiscal year the Assistant Secretary

shall set aside, for payment to States and such tribal

organizations under subsection (a) of this section, an amount equal

to 2 percent of the total amount appropriated and available to

carry out subchapter IV of this chapter.

(2) Amounts set aside under paragraph (1) which are not obligated

by the end of the third quarter of any fiscal year shall be made

available to carry out subchapter IV of this chapter.

(c) Effect on other laws

Nothing in this section shall be construed to prohibit

expenditures by States and such tribal organizations for disaster

relief for older individuals in excess of amounts reimbursable

under this section, by using funds made available to them under

other sections of this chapter or under other provisions of Federal

or State law, or from private sources.

-SOURCE-

(Pub. L. 89-73, title III, Sec. 310, as added Pub. L. 95-478, title

I, Sec. 103(b), Oct. 18, 1978, 92 Stat. 1533; amended Pub. L.

97-115, Secs. 3(d), 11(b)(2), Dec. 29, 1981, 95 Stat. 1597, 1606;

Pub. L. 100-707, title I, Sec. 109(q), Nov. 23, 1988, 102 Stat.

4709; Pub. L. 102-375, title I, Sec. 102(b)(10)(A), title III, Sec.

309, Sept. 30, 1992, 106 Stat. 1202, 1235; Pub. L. 103-171, Secs.

2(10), 3(a)(13), Dec. 2, 1993, 107 Stat. 1989, 1990; Pub. L.

106-501, title III, Sec. 308, Nov. 13, 2000, 114 Stat. 2246.)

-REFTEXT-

REFERENCES IN TEXT

The Robert T. Stafford Disaster Relief and Emergency Assistance

Act, referred to in subsec. (a)(1), is Pub. L. 93-288, May 22,

1974, 88 Stat. 143, as amended, which is classified principally to

chapter 68 (Sec. 5121 et seq.) of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 5121 of this title and Tables.

-MISC1-

AMENDMENTS

2000 - Subsec. (a)(1). Pub. L. 106-501, Sec. 308(1)(A), inserted

"(or to any tribal organization receiving a grant under subchapter

X of this chapter)" after "any State" and "(or funds used by such

tribal organization)" before "for the delivery of supportive

services".

Subsec. (a)(2). Pub. L. 106-501, Sec. 308(1)(B), inserted "and

such tribal organizations" after "States".

Subsec. (a)(3). Pub. L. 106-501, Sec. 308(1)(C), inserted "or

such tribal organization" after "State" in two places.

Subsecs. (b)(1), (c). Pub. L. 106-501, Sec. 308(2), inserted "and

such tribal organizations" after "States".

1993 - Pub. L. 103-171, Sec. 3(a)(13), substituted "Assistant

Secretary" for "Commissioner" wherever appearing in subsecs.

(a)(1), (3) and (b)(1).

Subsec. (a)(1). Pub. L. 103-171, Sec. 2(10), substituted "Robert

T. Stafford Disaster Relief and Emergency Assistance Act" for

"Disaster Relief and Emergency Assistance Act".

1992 - Subsec. (a)(1). Pub. L. 102-375, Secs. 102(b)(10)(A),

309(1)(A), substituted "area agencies on aging" for "area agencies"

and inserted "(and related supplies)" after "supportive services".

Subsec. (a)(2). Pub. L. 102-375, Sec. 309(2), substituted "2

percent" for "5 percent" and "to carry out subchapter IV of this

chapter" for "for carrying out the purposes of section 3035a of

this title".

Subsec. (a)(3). Pub. L. 102-375, Sec. 309(1)(B), added par. (3).

Subsec. (b)(1). Pub. L. 102-375, Sec. 309(2), substituted "2

percent" for "5 percent" and "to carry out subchapter IV of this

chapter" for "for carrying out the purposes of section 3035a of

this title".

Subsec. (b)(2). Pub. L. 102-375, Sec. 309(2)(B), substituted "to

carry out subchapter IV of this chapter" for "for carrying out the

purposes of section 3035a of this title".

1988 - Subsec. (a)(1). Pub. L. 100-707 substituted "Disaster

Relief and Emergency Assistance Act" for "Disaster Relief Act of

1974".

1981 - Subsec. (a)(1). Pub. L. 97-115, Sec. 3(d), substituted

"supportive services" for "social services".

Subsecs. (a)(2), (b)(1), (2). Pub. L. 97-115, Sec. 11(b)(2),

substituted reference to section 3035a of this title for reference

to section 3035b of this title.

EFFECTIVE DATE

Section effective at the close of Sept. 30, 1978, see section 504

of Pub. L. 95-478, set out as an Effective Date of 1978 Amendment

note under section 3001 of this title.

-End-

-CITE-

42 USC Sec. 3030a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER III - GRANTS FOR STATE AND COMMUNITY PROGRAMS ON AGING

Part A - General Provisions

-HEAD-

Sec. 3030a. Nutrition services incentive program

-STATUTE-

(a) Purpose

The purpose of this section is to provide incentives to encourage

and reward effective performance by States and tribal organizations

in the efficient delivery of nutritious meals to older individuals.

(b) Allotment and provision of cash or commodities

(1) The Secretary of Agriculture shall allot and provide in the

form of cash or commodities or a combination thereof (at the

discretion of the State) to each State agency with a plan approved

under this subchapter for a fiscal year, and to each grantee with

an application approved under subchapter X of this chapter for such

fiscal year, an amount bearing the same ratio to the total amount

appropriated for such fiscal year under subsection (e) of this

section as the number of meals served in the State under such plan

approved for the preceding fiscal year (or the number of meals

served by the subchapter X grantee, under such application approved

for such preceding fiscal year), bears to the total number of such

meals served in all States and by all subchapter X grantees under

all such plans and applications approved for such preceding fiscal

year.

(2) For purposes of paragraph (1), in the case of a grantee that

has an application approved under subchapter X of this chapter for

a fiscal year but that did not receive assistance under this

section for the preceding fiscal year, the number of meals served

by the subchapter X grantee for the preceding fiscal year shall be

deemed to equal the number of meals that the Assistant Secretary

estimates will be served by the subchapter X grantee in the fiscal

year for which the application was approved.

(c) Donation of products

(1) Agricultural commodities and products purchased by the

Secretary of Agriculture under section 612c of title 7, shall be

donated to a recipient of a grant or contract to be used for

providing nutrition services in accordance with the provisions of

this subchapter.

(2) The Commodity Credit Corporation shall dispose of food

commodities under section 1431 of title 7 by donating them to a

recipient of a grant or contract to be used for providing nutrition

services in accordance with the provisions of this subchapter.

(3) Dairy products purchased by the Secretary of Agriculture

under section 1446a-1 of title 7 shall be used to meet the

requirements of programs providing nutrition services in accordance

with the provisions of this subchapter.

(d) Cash payments in lieu of food commodities

(1) In any case in which a State elects to receive cash

payments,,(!1) the Secretary of Agriculture shall make cash

payments to such State in an amount equivalent in value to the

donated foods which the State otherwise would have received if such

State had retained its commodity distribution.

(2) When such payments are made, the State agency shall promptly

and equitably disburse any cash it receives in lieu of commodities

to recipients of grants or contracts. Such disbursements shall only

be used by such recipients of grants or contracts to purchase

United States agricultural commodities and other foods for their

nutrition projects.

(3) Nothing in this subsection shall be construed to authorize

the Secretary of Agriculture to require any State to elect to

receive cash payments under this subsection.

(4) Among the commodities delivered under subsection (c) of this

section, the Secretary of Agriculture shall give special emphasis

to high protein foods. The Secretary of Agriculture, in

consultation with the Assistant Secretary, is authorized to

prescribe the terms and conditions respecting the donating of

commodities under this subsection.

(e) Authorization of appropriations

There are authorized to be appropriated to carry out this section

(other than subsection (c)(1) of this section) such sums as may be

necessary for fiscal year 2001 and such sums as may be necessary

for each of the 4 succeeding fiscal years.

(f) Dissemination of information

In each fiscal year, the Secretary of Agriculture and the

Secretary of Health and Human Services shall jointly disseminate to

State agencies, area agencies on aging, and providers of nutrition

services assisted under this subchapter, information concerning -

(1) the existence of any Federal commodity processing program

in which such State agencies, area agencies on aging, and

providers may be eligible to participate; and

(2) the procedures to be followed to participate in the

program.

-SOURCE-

(Pub. L. 89-73, title III, Sec. 311, as added Pub. L. 95-478, title

I, Sec. 103(b), Oct. 18, 1978, 92 Stat. 1533; amended Pub. L.

97-115, Sec. 9, Dec. 29, 1981, 95 Stat. 1600; Pub. L. 98-459, title

III, Sec. 310, Oct. 9, 1984, 98 Stat. 1779; Pub. L. 99-269, Secs.

2, 3(b), 4, Apr. 1, 1986, 100 Stat. 78; Pub. L. 100-175, title I,

Sec. 122(c), Nov. 29, 1987, 101 Stat. 933; Pub. L. 102-375, title

I, Sec. 102(b)(10)(A), title III, Sec. 310, Sept. 30, 1992, 106

Stat. 1202, 1236; Pub. L. 103-171, Sec. 3(a)(6), Dec. 2, 1993, 107

Stat. 1990; Pub. L. 106-501, title III, Sec. 309, Nov. 13, 2000,

114 Stat. 2246.)

-MISC1-

AMENDMENTS

2000 - Pub. L. 106-501, Sec. 309(1), in section catchline

substituted "Nutrition services incentive program" for

"Availability of surplus commodities".

Subsecs. (a), (b). Pub. L. 106-501, Sec. 309(3), added subsecs.

(a) and (b). Former subsecs. (a) and (b) redesignated (c) and (d),

respectively.

Subsec. (c). Pub. L. 106-501, Sec. 309(2), (4), redesignated

subsec. (a) as (c) and struck out par. (4) which related to the

level of assistance the Secretary of Agriculture was to maintain in

donating commodities under this subsection for fiscal years 1992

and 1993 and required the Secretary to give emphasis to high

protein foods, meat, and meat alternates. Former subsec. (c)

redesignated (e).

Subsec. (d). Pub. L. 106-501, Sec. 309(2), redesignated subsec.

(b) as (d). Former subsec. (d) redesignated (f).

Subsec. (d)(1). Pub. L. 106-501, Sec. 309(5), substituted "In any

case in which a State elects to receive cash payments," for

"Notwithstanding any other provision of law, a State may, for

purposes of the programs authorized by this chapter, elect to

receive cash payments in lieu of donated foods for all or any

portion of its project. In any case in which a State makes such an

election".

Subsec. (d)(4). Pub. L. 106-501, Sec. 309(6), added par. (4).

Subsec. (e). Pub. L. 106-501, Sec. 309(7), added subsec. (e) and

struck out former subsec. (e) which authorized appropriations for

fiscal years 1992 to 1995 to carry out this section, set a deadline

for final reimbursement claims for meals, provided for a reduction

of the cents-per-meal level in any fiscal year in which costs

exceed amounts authorized, and required adjustment of final

reimbursement claims to use the full amount appropriated for a

fiscal year.

Pub. L. 106-501, Sec. 309(2), redesignated subsec. (c) as (e).

Subsec. (f). Pub. L. 106-501, Sec. 309(2), redesignated subsec.

(d) as (f).

1993 - Subsec. (a)(4)(B). Pub. L. 103-171 substituted "Assistant

Secretary for Aging" for "Commissioner".

1992 - Subsec. (a)(4). Pub. L. 102-375, Sec. 310(1), designated

existing provisions as subpars. (A) and (B) and, in subpar. (A),

substituted "shall maintain - " for "shall maintain an annually

programmed level of assistance of not less than 56.76 cents per

meal during fiscal years 1986 through 1991." and added cls. (i) and

(ii).

Subsec. (c)(1)(A). Pub. L. 102-375, Sec. 310(2)(A), substituted

"$250,000,000 for fiscal year 1992, $310,000,000 for fiscal year

1993, $380,000,000 for fiscal year 1994, and $460,000,000 for

fiscal year 1995" for "$151,000,000 for the fiscal year 1988,

$166,000,000 for the fiscal year 1989, $183,000,000 for the fiscal

year 1990, and $201,000,000 for the fiscal year 1991".

Subsec. (c)(2). Pub. L. 102-375, Sec. 310(2)(B), designated

existing provisions as subpar. (A), substituted "Except as provided

in subparagraph (B), in" for "In", and added subpar. (B).

Subsec. (d)(1). Pub. L. 102-375, Sec. 102(b)(10)(A), substituted

"area agencies on aging" for "area agencies".

1987 - Subsec. (a)(4). Pub. L. 100-175, Sec. 122(c)(1),

substituted "fiscal years 1986 through 1991" for "fiscal year 1986

and during each fiscal year thereafter" and struck out after first

sentence "The amount specified in this paragraph shall be adjusted

on an annual basis for each fiscal year after September 30, 1986,

to reflect changes in the series for food away from home of the

Consumer Price Index for All Urban Consumers published by the

Bureau of Labor Statistics of the Department of Labor. Such

adjustment shall be computed to the nearest one-fourth cent."

Subsec. (c)(1)(A). Pub. L. 100-175, Sec. 122(c)(2), amended

subpar. (A) generally. Prior to amendment, subpar. (A) read as

follows:

"(i) There are authorized to be appropriated $144,000,000 for

fiscal year 1986 and $144,000,000 for fiscal year 1987 to carry out

this section (other than subsection (a)(1) of this section).

"(ii) The provisions of the second and third sentences of

subsection (a)(4) of this section shall not apply for fiscal years

1986 and 1987."

1986 - Subsec. (a)(4). Pub. L. 99-269, Sec. 2, substituted "56.76

cents per meal during fiscal year 1986 and during" for "15 cents

per meal during fiscal year 1976, 25 cents per meal during fiscal

year 1977 and fiscal year 1978, and 30 cents per meal for" and

"September 30, 1986" for "June 30, 1975".

Subsec. (c)(1)(A). Pub. L. 99-269, Sec. 3(b), amended subpar. (A)

generally. Prior to amendment, subpar. (A) read as follows: "There

are authorized to be appropriated $105,000,000 for fiscal year

1984, $120,800,000 for fiscal year 1985, $125,900,000 for fiscal

year 1986, and $132,000,000 for fiscal year 1987, to carry out the

provisions of this section (other than the provisions of subsection

(a)(1) of this section) and such additional sums as may be

necessary for each such fiscal year to maintain the level of

reimbursement for the number of meals served under such provisions

in fiscal year 1983."

Subsec. (d). Pub. L. 99-269, Sec. 4, added subsec. (d).

1984 - Subsec. (a)(4). Pub. L. 98-459, Sec. 310(a)(1), (2),

substituted "subsection (c) of this section" for "subsection (d) of

this section" and "Consumer Price Index for All Urban Consumers"

for "Consumer Price Index".

Subsec. (c). Pub. L. 98-459, Sec. 310(b)(1), which directed the

amendment of this section by redesignating subsec. (d)(1) as

(c)(1), was executed by redesignating subsec. (d) as (c) to reflect

the probable intent of Congress.

Subsec. (c)(1). Pub. L. 98-459, Sec. 310(b)(2), (3), inserted

"(A)" after paragraph designation, struck out therein provisions

authorizing appropriations of $93,200,000 for fiscal year 1982 and

$100,000,000 for fiscal year 1983, inserted provisions authorizing

appropriations of $120,800,000 for fiscal year 1985, $125,900,000

for fiscal year 1986, and $132,000,000 for fiscal year 1987,

substituted "fiscal year 1983" for "fiscal year 1981" at the end,

and added subpar. (B).

Subsec. (c)(2). Pub. L. 98-459, Sec. 310(b)(4), substituted

"appropriations" for "appropriation".

Subsec. (d). Pub. L. 98-459, Sec. 310(b)(1), redesignated subsec.

(d) as (c). See 1984 Amendment note for subsec. (c) above.

1981 - Subsec. (a)(4). Pub. L. 97-115, Sec. 9(a), substituted

"Subject to the authorization of appropriations specified in

subsection (d) of this section, in donating" and "30 cents per meal

for each fiscal year thereafter" for "In donating" and "30 cents

per meal during the three succeeding fiscal years", respectively.

Subsecs. (b), (c). Pub. L. 97-115, Sec. 9(b), redesignated

subsec. (c) as (b). Former subsec. (b), providing for the purchase,

during fiscal years ending before Oct. 1, 1981, of high protein

foods, meats, and meat alternatives by the Secretary of Agriculture

for distribution to recipients of grants or contracts to be used

for providing nutrition services in accordance with the provisions

of this subchapter, was struck out.

Subsec. (d). Pub. L. 97-115, Sec. 9(c), added subsec. (d).

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 1986 AMENDMENT

Section 5 of Pub. L. 99-269 provided that: "This Act and the

amendments made by this Act [amending this section and enacting

provisions set out as notes under this section and section 3001 of

this title] shall take effect on October 1, 1985."

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.

EFFECTIVE DATE

Section effective at close of Sept. 30, 1978, see section 504 of

Pub. L. 95-478, set out as an Effective Date of 1978 Amendment note

under section 3001 of this title.

ESTABLISHMENT OF MAXIMUM RATE OF REIMBURSEMENT TO STATES FOR MEALS;

AVAILABILITY OF FUNDS

Pub. L. 104-37, title IV, Oct. 21, 1995, 109 Stat. 324, provided

in part: "That hereafter notwithstanding any other provision of

law, for meals provided pursuant to the Older Americans Act of 1965

[42 U.S.C. 3001 et seq.], a maximum rate of reimbursement to States

will be established by the Secretary, subject to reduction if

obligations would exceed the amount of available funds, with any

unobligated funds to remain available only for obligation in the

fiscal year beginning October 1, 1996."

AUTHORIZATION OF APPROPRIATIONS

Pub. L. 99-269, Sec. 3(a), Apr. 1, 1986, 100 Stat. 78, authorized

appropriations for fiscal year 1985 in order to provide

reimbursement at the level of 56.76 cents per meal during fiscal

year 1985 determined under subsec. (a)(4) of this section.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1762a, 3030g-22 of this

title; title 7 section 1431e.

-FOOTNOTE-

(!1) So in original.

-End-

-CITE-

42 USC Sec. 3030b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER III - GRANTS FOR STATE AND COMMUNITY PROGRAMS ON AGING

Part A - General Provisions

-HEAD-

Sec. 3030b. Recapture of payments made for multipurpose senior

centers

-STATUTE-

If, within 10 years after acquisition, or within 20 years after

the completion of construction, of any facility for which funds

have been paid under this subchapter -

(1) the owner of the facility ceases to be a public or

nonprofit private agency or organization; or

(2) the facility ceases to be used for the purposes for which

it was acquired (unless the Assistant Secretary determines, in

accordance with regulations, that there is good cause for

releasing the applicant or other owner from the obligation to do

so);

the United States shall be entitled to recover from the applicant

or other owner of the facility an amount which bears to the then

value of the facility (or so much thereof as constituted an

approved project or projects) the same ratio as the amount of such

Federal funds bore to the cost of the facility financed with the

aid of such funds. Such value shall be determined by agreement of

the parties or by action brought in the United States district

court for the district in which such facility is situated.

-SOURCE-

(Pub. L. 89-73, title III, Sec. 312, as added Pub. L. 95-478, title

I, Sec. 103(b), Oct. 18, 1978, 92 Stat. 1534; amended Pub. L.

103-171, Sec. 3(a)(13), Dec. 2, 1993, 107 Stat. 1990.)

-MISC1-

AMENDMENTS

1993 - Par. (2). Pub. L. 103-171 substituted "Assistant

Secretary" for "Commissioner".

EFFECTIVE DATE

Section effective at close of Sept. 30, 1978, see section 504 of

Pub. L. 95-478, set out as an Effective Date of 1978 Amendment note

under section 3001 of this title.

-End-

-CITE-

42 USC Sec. 3030c 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER III - GRANTS FOR STATE AND COMMUNITY PROGRAMS ON AGING

Part A - General Provisions

-HEAD-

Sec. 3030c. Audit; request for information

-STATUTE-

(a) The Assistant Secretary and the Comptroller General of the

United States or any of their duly authorized representatives shall

have access for the purpose of audit and examination to any books,

documents, papers, and records that are pertinent to a grant or

contract received under this subchapter.

(b) State agencies and area agencies on aging shall not request

information or data from providers which is not pertinent to

services furnished pursuant to this chapter or a payment made for

such services.

-SOURCE-

(Pub. L. 89-73, title III, Sec. 313, as added Pub. L. 95-478, title

I, Sec. 103(b), Oct. 18, 1978, 92 Stat. 1535; amended Pub. L.

98-459, title III, Sec. 311, Oct. 9, 1984, 98 Stat. 1779; Pub. L.

103-171, Sec. 3(a)(13), Dec. 2, 1993, 107 Stat. 1990.)

-MISC1-

AMENDMENTS

1993 - Subsec. (a). Pub. L. 103-171 substituted "Assistant

Secretary" for "Commissioner".

1984 - Pub. L. 98-459 designated existing provisions as subsec.

(a) and added subsec. (b).

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.

EFFECTIVE DATE

Section effective at close of Sept. 30, 1978, see section 504 of

Pub. L. 95-478, set out as an Effective Date of 1978 Amendment note

under section 3001 of this title.

-End-

-CITE-

42 USC Sec. 3030c-1 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER III - GRANTS FOR STATE AND COMMUNITY PROGRAMS ON AGING

Part A - General Provisions

-HEAD-

Sec. 3030c-1. Rights relating to in-home services for frail older

individuals

-STATUTE-

The Assistant Secretary shall require entities that provide

in-home services under this subchapter to promote the rights of

each older individual who receives such services. Such rights

include the following:

(1) The right -

(A) to be fully informed in advance about each in-home

service provided by such entity under this subchapter and about

any change in such service that may affect the well-being of

such individual; and

(B) to participate in planning and changing an in-home

service provided under this subchapter by such entity unless

such individual is judicially adjudged incompetent.

(2) The right to voice a grievance with respect to such service

that is or fails to be so provided, without discrimination or

reprisal as a result of voicing such grievance.

(3) The right to confidentiality of records relating to such

individual.

(4) The right to have the property of such individual treated

with respect.

(5) The right to be fully informed (orally and in writing), in

advance of receiving an in-home service under this subchapter, of

such individual's rights and obligations under this subchapter.

-SOURCE-

(Pub. L. 89-73, title III, Sec. 314, as added Pub. L. 102-375,

title III, Sec. 311, Sept. 30, 1992, 106 Stat. 1237; amended Pub.

L. 103-171, Secs. 2(11), 3(a)(13), Dec. 2, 1993, 107 Stat. 1989,

1990.)

-MISC1-

AMENDMENTS

1993 - Pub. L. 103-171 struck out "(a) Promotion. - " before "The

Assistant" and substituted "Assistant Secretary" for

"Commissioner".

-End-

-CITE-

42 USC Sec. 3030c-2 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER III - GRANTS FOR STATE AND COMMUNITY PROGRAMS ON AGING

Part A - General Provisions

-HEAD-

Sec. 3030c-2. Consumer contributions

-STATUTE-

(a) Cost sharing

(1) In general

Except as provided in paragraphs (2) and (3), a State is

permitted to implement cost sharing for all services funded by

this chapter by recipients of the services.

(2) Exception

The State is not permitted to implement the cost sharing

described in paragraph (1) for the following services:

(A) Information and assistance, outreach, benefits

counseling, or case management services.

(B) Ombudsman, elder abuse prevention, legal assistance, or

other consumer protection services.

(C) Congregate and home delivered meals.

(D) Any services delivered through tribal organizations.

(3) Prohibitions

A State or tribal organization shall not permit the cost

sharing described in paragraph (1) for any services delivered

through tribal organizations. A State shall not permit cost

sharing by a low-income older individual if the income of such

individual is at or below the Federal poverty line. A State may

exclude from cost sharing low-income individuals whose incomes

are above the Federal poverty line. A State shall not consider

any assets, savings, or other property owned by older individuals

when defining low-income individuals who are exempt from cost

sharing, when creating a sliding scale for the cost sharing, or

when seeking contributions from any older individual.

(4) Payment rates

If a State permits the cost sharing described in paragraph (1),

such State shall establish a sliding scale, based solely on

individual income and the cost of delivering services.

(5) Requirements

If a State permits the cost sharing described in paragraph (1),

such State shall require each area agency on aging in the State

to ensure that each service provider involved, and the area

agency on aging, will -

(A) protect the privacy and confidentiality of each older

individual with respect to the declaration or nondeclaration of

individual income and to any share of costs paid or unpaid by

an individual;

(B) establish appropriate procedures to safeguard and account

for cost share payments;

(C) use each collected cost share payment to expand the

service for which such payment was given;

(D) not consider assets, savings, or other property owned by

an older individual in determining whether cost sharing is

permitted;

(E) not deny any service for which funds are received under

this chapter for an older individual due to the income of such

individual or such individual's failure to make a cost sharing

payment;

(F) determine the eligibility of older individuals to cost

share solely by a confidential declaration of income and with

no requirement for verification; and

(G) widely distribute State created written materials in

languages reflecting the reading abilities of older individuals

that describe the criteria for cost sharing, the State's

sliding scale, and the mandate described under subparagraph

(E).

(6) Waiver

An area agency on aging may request a waiver to the State's

cost sharing policies, and the State shall approve such a waiver

if the area agency on aging can adequately demonstrate that -

(A) a significant proportion of persons receiving services

under this chapter subject to cost sharing in the planning and

service area have incomes below the threshold established in

State policy; or

(B) cost sharing would be an unreasonable administrative or

financial burden upon the area agency on aging.

(b) Voluntary contributions

(1) In general

Voluntary contributions shall be allowed and may be solicited

for all services for which funds are received under this chapter

provided that the method of solicitation is noncoercive.

(2) Local decision

The area agency on aging shall consult with the relevant

service providers and older individuals in agency's planning and

service area in a State to determine the best method for

accepting voluntary contributions under this subsection.

(3) Prohibited acts

The area agency on aging and service providers shall not means

test for any service for which contributions are accepted or deny

services to any individual who does not contribute to the cost of

the service.

(4) Required acts

The area agency on aging shall ensure that each service

provider will -

(A) provide each recipient with an opportunity to voluntarily

contribute to the cost of the service;

(B) clearly inform each recipient that there is no obligation

to contribute and that the contribution is purely voluntary;

(C) protect the privacy and confidentiality of each recipient

with respect to the recipient's contribution or lack of

contribution;

(D) establish appropriate procedures to safeguard and account

for all contributions; and

(E) use all collected contributions to expand the service for

which the contributions were given.

(c) Participation

(1) In general

The State and area agencies on aging, in conducting public

hearings on State and area plans, shall solicit the views of

older individuals, providers, and other stakeholders on

implementation of cost-sharing in the service area or the State.

(2) Plans

Prior to the implementation of cost sharing under subsection

(a) of this section, each State and area agency on aging shall

develop plans that are designed to ensure that the participation

of low-income older individuals (with particular attention to

low-income minority individuals and older individuals residing in

rural areas) receiving services will not decrease with the

implementation of the cost sharing under such subsection.

(d) Evaluation

Not later than 1 year after November 13, 2000, and annually

thereafter, the Assistant Secretary shall conduct a comprehensive

evaluation of practices for cost sharing to determine its impact on

participation rates with particular attention to low-income and

minority older individuals and older individuals residing in rural

areas. If the Assistant Secretary finds that there is a disparate

impact upon low-income or minority older individuals or older

individuals residing in rural areas in any State or region within

the State regarding the provision of services, the Assistant

Secretary shall take corrective action to assure that such services

are provided to all older individuals without regard to the cost

sharing criteria.

-SOURCE-

(Pub. L. 89-73, title III, Sec. 315, as added Pub. L. 106-501,

title III, Sec. 310, Nov. 13, 2000, 114 Stat. 2247.)

-COD-

CODIFICATION

Pub. L. 106-501, Sec. 310, which directed the addition of this

section at the end of Part A of title III (42 U.S.C. 3021 et seq.),

was executed by adding this section at the end of Part A of title

III of the Older Americans Act of 1965 to reflect the probable

intent of Congress.

-End-

-CITE-

42 USC Sec. 3030c-3 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER III - GRANTS FOR STATE AND COMMUNITY PROGRAMS ON AGING

Part A - General Provisions

-HEAD-

Sec. 3030c-3. Waivers

-STATUTE-

(a) In general

The Assistant Secretary may waive any of the provisions specified

in subsection (b) of this section with respect to a State, upon

receiving an application by the State agency containing or

accompanied by documentation sufficient to establish, to the

satisfaction of the Assistant Secretary, that -

(1) approval of the State legislature has been obtained or is

not required with respect to the proposal for which waiver is

sought;

(2) the State agency has collaborated with the area agencies on

aging in the State and other organizations that would be affected

with respect to the proposal for which waiver is sought;

(3) the proposal has been made available for public review and

comment, including the opportunity for a public hearing upon

request, within the State (and a summary of all of the comments

received has been included in the application); and

(4) the State agency has given adequate consideration to the

probable positive and negative consequences of approval of the

waiver application, and the probable benefits for older

individuals can reasonably be expected to outweigh any negative

consequences, or particular circumstances in the State otherwise

justify the waiver.

(b) Requirements subject to waiver

The provisions of this subchapter that may be waived under this

section are -

(1) any provision of sections 3025, 3026, and 3027 of this

title requiring statewide uniformity of programs carried out

under this subchapter, to the extent necessary to permit

demonstrations, in limited areas of a State, of innovative

approaches to assist older individuals;

(2) any area plan requirement described in section 3026(a) of

this title if granting the waiver will promote innovations or

improve service delivery and will not diminish services already

provided under this chapter;

(3) any State plan requirement described in section 3027(a) of

this title if granting the waiver will promote innovations or

improve service delivery and will not diminish services already

provided under this chapter;

(4) any restriction under paragraph (5) of section 3028(b) of

this title, on the amount that may be transferred between

programs carried out under part B of this subchapter and part C

of this subchapter; and

(5) the requirement of section 3029(c) of this title that

certain amounts of a State allotment be used for the provision of

services, with respect to a State that reduces expenditures under

the State plan of the State (but only to the extent that the

non-Federal share of the expenditures is not reduced below any

minimum specified in section 3024(d) of this title or any other

provision of this subchapter).

(c) Duration of waiver

The application by a State agency for a waiver under this section

shall include a recommendation as to the duration of the waiver

(not to exceed the duration of the State plan of the State). The

Assistant Secretary, in granting such a waiver, shall specify the

duration of the waiver, which may be the duration recommended by

the State agency or such shorter time period as the Assistant

Secretary finds to be appropriate.

(d) Reports to Secretary

With respect to each waiver granted under this section, not later

than 1 year after the expiration of such waiver, and at any time

during the waiver period that the Assistant Secretary may require,

the State agency shall prepare and submit to the Assistant

Secretary a report evaluating the impact of the waiver on the

operation and effectiveness of programs and services provided under

this subchapter.

-SOURCE-

(Pub. L. 89-73, title III, Sec. 316, as added Pub. L. 106-501,

title III, Sec. 310, Nov. 13, 2000, 114 Stat. 2249.)

-COD-

CODIFICATION

Pub. L. 106-501, Sec. 310, which directed the addition of this

section at the end of Part A of title III (42 U.S.C. 3021 et seq.),

was executed by adding this section at the end of Part A of title

III of the Older Americans Act of 1965 to reflect the probable

intent of Congress.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3027 of this title.

-End-

-CITE-

42 USC Part B - Supportive Services 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER III - GRANTS FOR STATE AND COMMUNITY PROGRAMS ON AGING

Part B - Supportive Services

-HEAD-

PART B - SUPPORTIVE SERVICES

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in sections 3023, 3024, 3026, 3027,

3028, 3030c-3, 3030g-22 of this title.

-End-

-CITE-

42 USC Sec. 3030d 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER III - GRANTS FOR STATE AND COMMUNITY PROGRAMS ON AGING

Part B - Supportive Services

-HEAD-

Sec. 3030d. Grants for supportive services

-STATUTE-

(a) Grants

The Assistant Secretary shall carry out a program for making

grants to States under State plans approved under section 3027 of

this title for any of the following supportive services:

(1) health (including mental health), education and training,

welfare, informational, recreational, homemaker, counseling, or

referral services;

(2) transportation services to facilitate access to supportive

services or nutrition services, and services provided by an area

agency on aging, in conjunction with local transportation service

providers, public transportation agencies, and other local

government agencies, that result in increased provision of such

transportation services for older individuals;

(3) services designed to encourage and assist older individuals

to use the facilities and services (including information and

assistance services) available to them, including language

translation services to assist older individuals with

limited-English speaking ability to obtain services under this

subchapter;

(4) services designed (A) to assist older individuals to obtain

adequate housing, including residential repair and renovation

projects designed to enable older individuals to maintain their

homes in conformity with minimum housing standards; (B) to adapt

homes to meet the needs of older individuals who have physical

disabilities; (C) to prevent unlawful entry into residences of

older individuals, through the installation of security devices

and through structural modifications or alterations of such

residences; or (D) to assist older individuals in obtaining

housing for which assistance is provided under programs of the

Department of Housing and Urban Development;

(5) services designed to assist older individuals in avoiding

institutionalization and to assist individuals in long-term care

institutions who are able to return to their communities,

including -

(A) client assessment, case management services, and

development and coordination of community services;

(B) supportive activities to meet the special needs of

caregivers, including caretakers who provide in-home services

to frail older individuals; and

(C) in-home services and other community services, including

home health, homemaker, shopping, escort, reader, and letter

writing services, to assist older individuals to live

independently in a home environment;

(6) services designed to provide to older individuals legal

assistance and other counseling services and assistance,

including -

(A) tax counseling and assistance, financial counseling, and

counseling regarding appropriate health and life insurance

coverage;

(B) representation -

(i) of individuals who are wards (or are allegedly

incapacitated); and

(ii) in guardianship proceedings of older individuals who

seek to become guardians, if other adequate representation is

unavailable in the proceedings; and

(C) provision, to older individuals who provide uncompensated

care to their adult children with disabilities, of counseling

to assist such older individuals with permanency planning for

such children;

(7) services designed to enable older individuals to attain and

maintain physical and mental well-being through programs of

regular physical activity, exercise, music therapy, art therapy,

and dance-movement therapy;

(8) services designed to provide health screening to detect or

prevent illnesses, or both, that occur most frequently in older

individuals;

(9) services designed to provide, for older individuals,

preretirement counseling and assistance in planning for and

assessing future post-retirement needs with regard to public and

private insurance, public benefits, lifestyle changes,

relocation, legal matters, leisure time, and other appropriate

matters;

(10) services of an ombudsman at the State level to receive,

investigate, and act on complaints by older individuals who are

residents of long-term care facilities and to advocate for the

well-being of such individuals;

(11) services which are designed to meet the unique needs of

older individuals who are disabled, and of older individuals who

provide uncompensated care to their adult children with

disabilities;

(12) services to encourage the employment of older workers,

including job and second career counseling and, where

appropriate, job development, referral, and placement, and

including the coordination of the services with programs

administered by or receiving assistance from the Department of

Labor, including programs carried out under the Workforce

Investment Act of 1998 (29 U.S.C. 2801 et seq.);

(13) crime prevention services and victim assistance programs

for older individuals;

(14) a program, to be known as "Senior Opportunities and

Services", designed to identify and meet the needs of low-income

older individuals in one or more of the following areas: (A)

development and provision of new volunteer services; (B)

effective referral to existing health, employment, housing,

legal, consumer, transportation, and other services; (C)

stimulation and creation of additional services and programs to

remedy gaps and deficiencies in presently existing services and

programs; and (D) such other services as the Assistant Secretary

may determine are necessary or especially appropriate to meet the

needs of low-income older individuals and to assure them greater

self-sufficiency;

(15) services for the prevention of abuse of older individuals

in accordance with subpart III of part A of subchapter XI of this

chapter and section 3027(a)(12) of this title;

(16) inservice training and State leadership for legal

assistance activities;

(17) health and nutrition education services, including

information concerning prevention, diagnosis, treatment, and

rehabilitation of age-related diseases and chronic disabling

conditions;

(18) services designed to enable mentally impaired older

individuals to attain and maintain emotional well-being and

independent living through a coordinated system of support

services;

(19) services designed to support family members and other

persons providing voluntary care to older individuals that need

long-term care services;

(20) services designed to provide information and training for

individuals who are or may become guardians or representative

payees of older individuals, including information on the powers

and duties of guardians and representative payees and on

alternatives to guardianships;

(21) services to encourage and facilitate regular interaction

between school-age children and older individuals, including

visits in long-term care facilities, multipurpose senior centers,

and other settings;

(22) in-home services for frail older individuals, including

individuals with Alzheimer's disease and related disorders with

neurological and organic brain dysfunction, and their families,

including in-home services defined by a State agency in the State

plan submitted under section 3027 of this title, taking into

consideration the age, economic need, and noneconomic and

nonhealth factors contributing to the frail condition and need

for services of the individuals described in this paragraph, and

in-home services defined by an area agency on aging in the area

plan submitted under section 3026 of this title.(!1)

(23) any other services necessary for the general welfare of

older individuals;

if such services meet standards prescribed by the Assistant

Secretary and are necessary for the general welfare of older

individuals. For purposes of paragraph (5), the term "client

assessment through case management" includes providing information

relating to assistive technology.

(b) Existing facilities

(1) The Assistant Secretary shall carry out a program for making

grants to States under State plans approved under section 3027 of

this title for the acquisition, alteration, or renovation of

existing facilities, including mobile units, and, where

appropriate, construction of facilities to serve as multipurpose

senior centers.

(2) Funds made available to a State under this part may be used

for the purpose of assisting in the operation of multipurpose

senior centers and meeting all or part of the costs of compensating

professional and technical personnel required for the operation of

multipurpose senior centers.

(c) Coordination of services with other providers

In carrying out the provisions of this part, to more efficiently

and effectively deliver services to older individuals, each area

agency on aging shall coordinate services described in subsection

(a) of this section with other community agencies and voluntary

organizations providing the same services. In coordinating the

services, the area agency on aging shall make efforts to coordinate

the services with agencies and organizations carrying out

intergenerational programs or projects.

(d) Relationship to other funding sources

Funds made available under this part shall supplement, and not

supplant, any Federal, State, or local funds expended by a State or

unit of general purpose local government (including an area agency

on aging) to provide services described in subsection (a) of this

section.

-SOURCE-

(Pub. L. 89-73, title III, Sec. 321, as added Pub. L. 95-478, title

I, Sec. 103(b), Oct. 18, 1978, 92 Stat. 1535; amended Pub. L.

97-115, Secs. 3(d), 10(a)-(c), Dec. 29, 1981, 95 Stat. 1597, 1600;

Pub. L. 98-459, title III, Sec. 312, Oct. 9, 1984, 98 Stat. 1779;

Pub. L. 100-175, title I, Secs. 136(d), 146(b), 182(m), Nov. 29,

1987, 101 Stat. 943, 950, 967; Pub. L. 102-375, title III, Sec.

312, title VII, Sec. 708(b), title IX, Sec. 904(a)(15), Sept. 30,

1992, 106 Stat. 1237, 1292, 1308; Pub. L. 103-171, Secs. 2(12),

3(a)(13), Dec. 2, 1993, 107 Stat. 1989, 1990; Pub. L. 106-501,

title III, Sec. 311, title VIII, Sec. 801(c)(5), Nov. 13, 2000, 114

Stat. 2251, 2292.)

-REFTEXT-

REFERENCES IN TEXT

The Workforce Investment Act of 1998, referred to in subsec.

(a)(12), is Pub. L. 105-220, Aug. 7, 1998, 112 Stat. 936, as

amended. Title I of the Act is classified principally to chapter 30

(Sec. 2801 et seq.) of Title 29, Labor. For complete classification

of this Act to the Code, see Short Title note set out under section

9201 of Title 20, Education, and Tables.

-MISC1-

AMENDMENTS

2000 - Subsec. (a)(2). Pub. L. 106-501, Sec. 311(1)(A),

substituted "and services provided by an area agency on aging, in

conjunction with local transportation service providers, public

transportation agencies, and other local government agencies, that

result in increased provision of such transportation services for

older individuals" for "or both".

Subsec. (a)(4). Pub. L. 106-501, Sec. 311(1)(B), substituted "or

(D) to assist older individuals in obtaining housing for which

assistance is provided under programs of the Department of Housing

and Urban Development;" for "or (D) to receive applications from

older individuals for housing under section 1701q of title 12;".

Subsec. (a)(5). Pub. L. 106-501, Sec. 311(1)(C), substituted

"including - " and subpars. (A) to (C) for "including client

assessment through case management and integration and coordination

of community services such as preinstitution evaluation and

screening and home health services, homemaker services, shopping

services, escort services, reader services, and letter writing

services, through resource development and management to assist

such individuals to live independently in a home environment;".

Subsec. (a)(12). Pub. L. 106-501, Sec. 311(1)(D), inserted before

semicolon at end ", and including the coordination of the services

with programs administered by or receiving assistance from the

Department of Labor, including programs carried out under the

Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.)".

Subsec. (a)(15). Pub. L. 106-501, Sec. 801(c)(5), substituted

"section 3027(a)(12)" for "section 3027(a)(16)".

Subsec. (a)(22). Pub. L. 106-501, Sec. 311(1)(E), (F), added par.

(22). Former par. (22) redesignated (23).

Subsec. (a)(23). Pub. L. 106-501, Sec. 311(1)(G), (H),

redesignated par. (22) as (23) and inserted "necessary for the

general welfare of older individuals" before semicolon at end.

Subsecs. (c), (d). Pub. L. 106-501, Sec. 311(2), added subsecs.

(c) and (d).

1993 - Subsec. (a). Pub. L. 103-171, Sec. 3(a)(13), substituted

"Assistant Secretary" for "Commissioner" in introductory and

concluding provisions and in par. (14).

Subsec. (a)(15). Pub. L. 103-171, Sec. 2(12), which directed

amendment of par. (15) by substituting "subpart III of part A of

subchapter XI of this chapter and section 3027(a)(16) of this

title" for "clause (16) of section 3027(a) of this title", was

executed by making the substitution for "paragraph (16) of section

3027(a) of this title" to reflect the probable intent of Congress

and amendment by Pub. L. 102-375, Sec. 904(a)(15)(C). See 1992

Amendment note below.

Subsec. (b)(1). Pub. L. 103-171, Sec. 3(a)(13), substituted

"Assistant Secretary" for "Commissioner".

1992 - Subsec. (a)(3). Pub. L. 102-375, Sec. 312(1), (2),

inserted "(including information and assistance services)" after

"and services" and ", including language translation services to

assist older individuals with limited-English speaking ability to

obtain services under this subchapter" before semicolon at end.

Subsec. (a)(4)(C). Pub. L. 102-375, Sec. 904(a)(15)(A),

substituted "residences of older" for "residences of elderly".

Subsec. (a)(4)(D). Pub. L. 102-375, Sec. 312(3), added subpar.

(D).

Subsec. (a)(6). Pub. L. 102-375, Sec. 312(4), amended par. (6)

generally. Prior to amendment, par. (6) read as follows: "services

designed to provide legal assistance and other counseling services

and assistance, including tax counseling and assistance, financial

counseling, and counseling regarding appropriate health and life

insurance coverage, to older individuals;".

Subsec. (a)(7). Pub. L. 102-375, Sec. 312(5), substituted

"physical activity, exercise, music therapy, art therapy, and

dance-movement therapy" for "physical activity and exercise".

Subsec. (a)(9). Pub. L. 102-375, Sec. 312(6), substituted ", for

older individuals, preretirement counseling and assistance in

planning for and assessing future post-retirement needs with regard

to public and private insurance, public benefits, lifestyle

changes, relocation, legal matters, leisure time, and other

appropriate matters" for "preretirement and second career

counseling for older individuals".

Subsec. (a)(11). Pub. L. 102-375, Sec. 312(7), inserted before

semicolon at end ", and of older individuals who provide

uncompensated care to their adult children with disabilities".

Subsec. (a)(12). Pub. L. 102-375, Sec. 312(8), inserted "and

second career" after "including job".

Subsec. (a)(14). Pub. L. 102-375, Sec. 904(a)(15)(B)(i),

substituted "low-income older individuals" for "older, poor

individuals 60 years of age or older".

Subsec. (a)(14)(D). Pub. L. 102-375, Sec. 904(a)(15)(B)(ii),

substituted "low-income older individuals" for "the older poor".

Subsec. (a)(15). Pub. L. 102-375, Sec. 904(a)(15)(C), substituted

"paragraph" for "clause".

Pub. L. 102-375, Sec. 708(b), which directed the substitution of

"subpart III of part A of subchapter XI of this chapter and section

3027(a)(16) of this title" for "clause (16) of section 3027(a) of

this title" in par. (15) of this section could not be executed

because this section does not contain a par. (15).

Subsec. (a)(17). Pub. L. 102-375, Sec. 312(9), inserted before

semicolon at end ", including information concerning prevention,

diagnosis, treatment, and rehabilitation of age-related diseases

and chronic disabling conditions".

Subsec. (a)(19) to (22). Pub. L. 102-375, Sec. 312(10)-(12),

added pars. (19) to (21) and redesignated former par. (19) as (22).

1987 - Subsec. (a). Pub. L. 100-175, Sec. 146(b), inserted

sentence at end defining "client assessment through case

management" for purposes of par. (5).

Subsec. (a)(1). Pub. L. 100-175, Sec. 136(d)(1), inserted

"(including mental health)" after "health".

Subsec. (a)(4)(B). Pub. L. 100-175, Sec. 136(d)(2), substituted

"who have physical disabilities" for "suffering from physical

disabilities".

Subsec. (a)(10). Pub. L. 100-175, Sec. 182(m), inserted "for"

after "advocate".

1984 - Subsec. (a)(5). Pub. L. 98-459, Sec. 312(a)(1), in

amending par. (5) generally, substituted "services designed to

assist older individuals in avoiding institutionalization and to

assist individuals in long-term care institutions who are able to

return to their communities, including client assessment through

case management and integration and coordination of community

services such as" for "services designed to assist older

individuals in avoiding institutionalization, including" and "and

letter writing services, through resource development and

management to assist such individuals to live" for "letter writing

services, and other similar services designed to assist such

individuals to continue living".

Subsec. (a)(6). Pub. L. 98-459, Sec. 312(a)(2), substituted

"legal assistance" for "legal services" and ", financial

counseling, and counseling regarding appropriate health and life

insurance coverage" for "and financial counseling".

Subsec. (a)(8). Pub. L. 98-459, Sec. 312(a)(3), substituted

"illnesses" for "illness".

Subsec. (a)(15) to (19). Pub. L. 98-459, Sec. 312(a)(4)-(6),

added pars. (15) to (18) and redesignated former par. (15) as (19).

Subsec. (b)(1). Pub. L. 98-459, Sec. 312(b)(1), struck out

provision that senior centers had to be community facilities for

the organization and provision of a broad spectrum of services,

including provision of health, social, nutritional, and educational

services and provision of facilities for recreational activities

for older individuals.

Subsec. (b)(2). Pub. L. 98-459, Sec. 312(b)(2), struck out the

comma after "may be used" and substituted "centers and meeting" for

"centers, to meet".

1981 - Subsec. (a). Pub. L. 97-115, Sec. 3(d), substituted

"supportive services" for "social services" in provisions preceding

par. (1).

Subsec. (a)(1). Pub. L. 97-115, Sec. 10(a), substituted

"education and training" for "continuing education".

Subsec. (a)(2). Pub. L. 97-115, Sec. 3(d), substituted

"supportive services" for "social services".

Subsec. (a)(4). Pub. L. 97-115, Sec. 10(b), designated existing

provisions as cls. (A) and (B) and added cl. (C).

Subsec. (a)(12) to (15). Pub. L. 97-115, Sec. 10(c), added pars.

(12) to (14) and redesignated former par. (12) as (15).

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by section 708(b) of Pub. L. 102-375 inapplicable with

respect to fiscal year 1993, see section 4(b) of Pub. L. 103-171,

set out as a note under section 3001 of this title.

Amendment by section 708(b) of Pub. L. 102-375 inapplicable with

respect to fiscal year 1992, see section 905(b)(6) of Pub. L.

102-375, set out as a note under section 3001 of this title.

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.

EFFECTIVE DATE

Part effective at close of Sept. 30, 1978, see section 504 of

Pub. L. 95-478, set out as an Effective Date of 1978 Amendment note

under section 3001 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3002 of this title.

-FOOTNOTE-

(!1) So in original. The period probably should be "; or".

-End-

-CITE-

42 USC Part C - Nutrition Services 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER III - GRANTS FOR STATE AND COMMUNITY PROGRAMS ON AGING

Part C - Nutrition Services

-HEAD-

PART C - NUTRITION SERVICES

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in sections 1766, 3016, 3024, 3028,

3030c-3, 3030g-22, 3057e of this title.

-End-

-CITE-

42 USC subpart i - congregate nutrition services 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER III - GRANTS FOR STATE AND COMMUNITY PROGRAMS ON AGING

Part C - Nutrition Services

subpart i - congregate nutrition services

-HEAD-

SUBPART I - CONGREGATE NUTRITION SERVICES

-SECREF-

SUBPART REFERRED TO IN OTHER SECTIONS

This subpart is referred to in sections 3016, 3023, 3028 of this

title.

-End-

-CITE-

42 USC Sec. 3030e 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER III - GRANTS FOR STATE AND COMMUNITY PROGRAMS ON AGING

Part C - Nutrition Services

subpart i - congregate nutrition services

-HEAD-

Sec. 3030e. Grants for establishment and operation of nutrition

projects

-STATUTE-

The Assistant Secretary shall carry out a program for making

grants to States under State plans approved under section 3027 of

this title for the establishment and operation of nutrition

projects -

(1) which, 5 or more days a week (except in a rural area where

such frequency is not feasible (as defined by the Assistant

Secretary by regulation) and a lesser frequency is approved by

the State agency), provide at least one hot or other appropriate

meal per day and any additional meals which the recipient of a

grant or contract under this subpart may elect to provide;

(2) which shall be provided in congregate settings, including

adult day care facilities and multigenerational meal sites; and

(3) which may include nutrition education services and other

appropriate nutrition services for older individuals.

-SOURCE-

(Pub. L. 89-73, title III, Sec. 331, as added Pub. L. 95-478, title

I, Sec. 103(b), Oct. 18, 1978, 92 Stat. 1536; amended Pub. L.

102-375, title III, Sec. 313, Sept. 30, 1992, 106 Stat. 1238; Pub.

L. 103-171, Sec. 3(a)(13), Dec. 2, 1993, 107 Stat. 1990; Pub. L.

106-501, title III, Sec. 312(c), Nov. 13, 2000, 114 Stat. 2252.)

-MISC1-

AMENDMENTS

2000 - Par. (2). Pub. L. 106-501 inserted ", including adult day

care facilities and multigenerational meal sites" before semicolon.

1993 - Pub. L. 103-171 substituted "Assistant Secretary" for

"Commissioner" in introductory provisions and par. (1).

1992 - Par. (1). Pub. L. 102-375 inserted "(except in a rural

area where such frequency is not feasible (as defined by the

Commissioner by regulation) and a lesser frequency is approved by

the State agency)" after "week" and struck out before semicolon at

end ", each of which assures a minimum of one-third of the daily

recommended dietary allowances as established by the Food and

Nutrition Board of the National Academy of Sciences-National

Research Council".

EFFECTIVE DATE

Subpart effective at close of Sept. 30, 1978, see section 504 of

Pub. L. 95-478, set out as an Effective Date of 1978 Amendment note

under section 3001 of this title.

NUTRITION PROJECTS FOR ELDERLY UNDER PRIOR PROVISIONS, QUALIFIED

UNDER SUCCESSOR PROVISIONS, ELIGIBLE FOR FUNDS UNDER SUCH

PROVISIONS; DISCONTINUANCE OF PAYMENTS FOR INEFFECTIVE ACTIVITIES

Operation of predecessor projects under successor provisions, see

section 501(b) of Pub. L. 95-478, set out as a note under section

3045 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3032c of this title.

-End-

-CITE-

42 USC subpart ii - home delivered nutrition services 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER III - GRANTS FOR STATE AND COMMUNITY PROGRAMS ON AGING

Part C - Nutrition Services

subpart ii - home delivered nutrition services

-HEAD-

SUBPART II - HOME DELIVERED NUTRITION SERVICES

-SECREF-

SUBPART REFERRED TO IN OTHER SECTIONS

This subpart is referred to in sections 3016, 3023, 3028 of this

title.

-End-

-CITE-

42 USC Sec. 3030f 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER III - GRANTS FOR STATE AND COMMUNITY PROGRAMS ON AGING

Part C - Nutrition Services

subpart ii - home delivered nutrition services

-HEAD-

Sec. 3030f. Grants for establishment and operation of nutrition

projects for older individuals

-STATUTE-

The Assistant Secretary shall carry out a program for making

grants to States under State plans approved under section 3027 of

this title for the establishment and operation of nutrition

projects for older individuals which, 5 or more days a week (except

in a rural area where such frequency is not feasible (as defined by

the Assistant Secretary by regulation) and a lesser frequency is

approved by the State agency), provide at least one home delivered

hot, cold, frozen, dried, canned, or supplemental foods (with a

satisfactory storage life) meal per day and any additional meals

which the recipient of a grant or contract under this subpart may

elect to provide.

-SOURCE-

(Pub. L. 89-73, title III, Sec. 336, as added Pub. L. 95-478, title

I, Sec. 103(b), Oct. 18, 1978, 92 Stat. 1536; amended Pub. L.

102-375, title III, Sec. 314, Sept. 30, 1992, 106 Stat. 1238; Pub.

L. 103-171, Sec. 3(a)(13), Dec. 2, 1993, 107 Stat. 1990.)

-MISC1-

AMENDMENTS

1993 - Pub. L. 103-171 substituted "Assistant Secretary" for

"Commissioner" in two places.

1992 - Pub. L. 102-375 inserted "(except in a rural area where

such frequency is not feasible (as defined by the Commissioner by

regulation) and a lesser frequency is approved by the State

agency)" after "week" and struck out before period at end ", each

of which assures a minimum of one-third of the daily recommended

dietary allowances as established by the Food and Nutrition Board

of the National Academy of Sciences-National Research Council".

EFFECTIVE DATE

Subpart effective at close of Sept. 30, 1978, see section 504 of

Pub. L. 95-478, set out as an Effective Date of 1978 Amendment note

under section 3001 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3030g of this title; title

31 section 3803.

-End-

-CITE-

42 USC Sec. 3030g 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER III - GRANTS FOR STATE AND COMMUNITY PROGRAMS ON AGING

Part C - Nutrition Services

subpart ii - home delivered nutrition services

-HEAD-

Sec. 3030g. Efficiency and quality criteria

-STATUTE-

The Assistant Secretary, in consultation with organizations of

and for the aged, blind, and disabled, and with representatives

from the American Dietetic Association, the Dietary Managers

Association, the National Association of Area Agencies on Aging,

the National Association of Nutrition and Aging Services Programs,

the National Association of Meals Programs, Incorporated, and any

other appropriate group, shall develop minimum criteria of

efficiency and quality for the furnishing of home delivered meal

services for projects described in section 3030f of this title. The

criteria required by this section shall take into account the

ability of established home delivered meals programs to continue

such services without major alteration in the furnishing of such

services.

-SOURCE-

(Pub. L. 89-73, title III, Sec. 337, as added Pub. L. 95-478, title

I, Sec. 103(b), Oct. 18, 1978, 92 Stat. 1536; amended Pub. L.

97-115, Sec. 10(e), Dec. 29, 1981, 95 Stat. 1601; Pub. L. 100-175,

title I, Sec. 182(n), Nov. 29, 1987, 101 Stat. 967; Pub. L.

102-375, title III, Sec. 315, Sept. 30, 1992, 106 Stat. 1239; Pub.

L. 103-171, Sec. 3(a)(13), Dec. 2, 1993, 107 Stat. 1990.)

-MISC1-

AMENDMENTS

1993 - Pub. L. 103-171 substituted "Assistant Secretary" for

"Commissioner".

1992 - Pub. L. 102-375 inserted "the Dietary Managers

Association," after "Dietetic Association,".

1987 - Pub. L. 100-175 substituted "National Association of Area

Agencies" for "Association of Area Agencies".

1981 - Pub. L. 97-115 substituted "National Association of

Nutrition and Aging Services Programs" for "National Association of

Title VII Project Directors".

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.

-End-

-CITE-

42 USC subpart iii - general provisions 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER III - GRANTS FOR STATE AND COMMUNITY PROGRAMS ON AGING

Part C - Nutrition Services

subpart iii - general provisions

-HEAD-

SUBPART III - GENERAL PROVISIONS

-COD-

CODIFICATION

Pub. L. 106-501, title III, Sec. 312(b), Nov. 13, 2000, 114 Stat.

2252, redesignated subpart IV of this part as subpart III.

-MISC1-

PRIOR PROVISIONS

A prior subpart III, consisting of sections 3030g-11 to 3030g-13

of this title, related to school-based meals for volunteer older

individuals and multigenerational programs, prior to repeal by Pub.

L. 106-501, title III, Sec. 312(a), Nov. 13, 2000, 114 Stat. 2252.

Section 3030g-11, Pub. L. 89-73, title III, Sec. 338, as added

Pub. L. 102-375, title III, Sec. 316(a), Sept. 30, 1992, 106 Stat.

1239; amended Pub. L. 103-171, Sec. 3(a)(13), Dec. 2, 1993, 107

Stat. 1990, provided for establishment and implementation of the

programs.

Section 3030g-12, Pub. L. 89-73, title III, Sec. 338A, as added

Pub. L. 102-375, title III, Sec. 316(a), Sept. 30, 1992, 106 Stat.

1240; amended Pub. L. 103-171, Sec. 3(a)(13), Dec. 2, 1993, 107

Stat. 1990; Pub. L. 103-382, title III, Sec. 391(r)(1), Oct. 20,

1994, 108 Stat. 4024, described required contents of application

and criteria for selection among applicants.

Section 3030g-13, Pub. L. 89-73, title III, Sec. 338B, as added

Pub. L. 102-375, title III, Sec. 316(a), Sept. 30, 1992, 106 Stat.

1240; amended Pub. L. 103-171, Sec. 3(a)(11), (13), Dec. 2, 1993,

107 Stat. 1990, required States receiving grants to submit reports

evaluating projects.

-End-

-CITE-

42 USC Sec. 3030g-21 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER III - GRANTS FOR STATE AND COMMUNITY PROGRAMS ON AGING

Part C - Nutrition Services

subpart iii - general provisions

-HEAD-

Sec. 3030g-21. Nutrition

-STATUTE-

A State that establishes and operates a nutrition project under

this chapter (!1) shall -

(1) solicit the advice of a dietitian or individual with

comparable expertise in the planning of nutritional services, and

(2) ensure that the project -

(A) provides meals that -

(i) comply with the Dietary Guidelines for Americans,

published by the Secretary and the Secretary of Agriculture,

(ii) provide to each participating older individual -

(I) a minimum of 33 1/3 percent of the daily recommended

dietary allowances as established by the Food and Nutrition

Board of the Institute of Medicine of the National Academy

of Sciences, if the project provides one meal per day,

(II) a minimum of 66 2/3 percent of the allowances if

the project provides two meals per day, and

(III) 100 percent of the allowances if the project

provides three meals per day, and

(iii) to the maximum extent practicable, are adjusted to

meet any special dietary needs of program participants,

(B) provides flexibility to local nutrition providers in

designing meals that are appealing to program participants,

(C) encourages providers to enter into contracts that limit

the amount of time meals must spend in transit before they are

consumed,

(D) where feasible, encourages arrangements with schools and

other facilities serving meals to children in order to promote

intergenerational meal programs,

(E) provides that meals, other than in-home meals, are

provided in settings in as close proximity to the majority of

eligible older individuals' residences as feasible,

(F) comply (!2) with applicable provisions of State or local

laws regarding the safe and sanitary handling of food,

equipment, and supplies used in the storage, preparation,

service, and delivery of meals to an older individual,

(G) ensures that meal providers carry out such project with

the advice of dietitians (or individuals with comparable

expertise), meal participants, and other individuals

knowledgeable with regard to the needs of older individuals,

(H) ensures that each participating area agency on aging

establishes procedures that allow nutrition project

administrators the option to offer a meal, on the same basis as

meals provided to participating older individuals, to

individuals providing volunteer services during the meal hours,

and to individuals with disabilities who reside at home with

and accompany older individuals eligible under this

chapter,(!1)

(I) ensures that nutrition services will be available to

older individuals and to their spouses, and may be made

available to individuals with disabilities who are not older

individuals but who reside in housing facilities occupied

primarily by older individuals at which congregate nutrition

services are provided, and

(J) provide (!3) for nutrition screening and, where

appropriate, for nutrition education and counseling.

-SOURCE-

(Pub. L. 89-73, title III, Sec. 339, as added Pub. L. 106-501,

title III, Sec. 313, Nov. 13, 2000, 114 Stat. 2252.)

-COD-

CODIFICATION

Pub. L. 106-501, Sec. 313, which directed amendment of subpart 4

of part C of title III of the Older Americans Act of 1965 (Pub. L.

89-73) by striking section 339 and inserting this section, was

executed in this subpart, which is subpart 3 of part C of title III

of the Act, by repealing prior section 3030g-21, and inserting this

section, to reflect the probable intent of Congress and the

redesignation of subpart 4 of part C of title III of the Act as

subpart 3 by Pub. L. 106-501, Sec. 312(b).

-MISC1-

PRIOR PROVISIONS

A prior section 3030g-21, Pub. L. 89-73, title III, Sec. 339, as

added Pub. L. 102-375, title III, Sec. 317, Sept. 30, 1992, 106

Stat. 1241, related to compliance with dietary guidelines prior to

repeal by Pub. L. 106-501, title III, Sec. 313, Nov. 13, 2000, 114

Stat. 2252. See Codification note above.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3020e of this title.

-FOOTNOTE-

(!1) So in original. Title III of Pub. L. 89-73, as amended,

contained parts and subparts, but not chapters.

(!2) So in original. Probably should be "complies".

(!3) So in original. Probably should be "provides".

-End-

-CITE-

42 USC Sec. 3030g-22 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER III - GRANTS FOR STATE AND COMMUNITY PROGRAMS ON AGING

Part C - Nutrition Services

subpart iii - general provisions

-HEAD-

Sec. 3030g-22. Payment requirement

-STATUTE-

Payments made by a State agency or an area agency on aging for

nutrition services (including meals) provided under part A, B, or C

of this subchapter may not be reduced to reflect any increase in

the level of assistance provided under section 3030a of this title.

-SOURCE-

(Pub. L. 89-73, title III, Sec. 339A, as added Pub. L. 102-375,

title III, Sec. 317, Sept. 30, 1992, 106 Stat. 1241.)

-MISC1-

PRIOR PROVISIONS

Prior sections 3030h to 3030l were repealed by Pub. L. 106-501,

title III, Sec. 314(1), Nov. 13, 2000, 114 Stat. 2253.

Section 3030h, Pub. L. 89-73, title III, Sec. 341, as added Pub.

L. 100-175, title I, Sec. 140(d), Nov. 29, 1987, 101 Stat. 945;

amended Pub. L. 102-375, title I, Sec. 102(b)(6), (10)(C), Sept.

30, 1992, 106 Stat. 1201, 1202; Pub. L. 103-171, Sec. 3(a)(13),

Dec. 2, 1993, 107 Stat. 1990, authorized a grant program for

States.

Section 3030i, Pub. L. 89-73, title III, Sec. 342, as added Pub.

L. 100-175, title I, Sec. 140(d), Nov. 29, 1987, 101 Stat. 945;

amended Pub. L. 102-375, title I, Sec. 102(b)(7), title III, Sec.

318, Sept. 30, 1992, 106 Stat. 1201, 1241, defined "in-home

services".

Section 3030j, Pub. L. 89-73, title III, Sec. 343, as added Pub.

L. 100-175, title I, Sec. 140(d), Nov. 29, 1987, 101 Stat. 945,

provided for the State agency to develop eligibility criteria.

Section 3030k, Pub. L. 89-73, title III, Sec. 344, as added Pub.

L. 100-175, title I, Sec. 140(d), Nov. 29, 1987, 101 Stat. 946,

required that funds available under former part D of this

subchapter be in addition to funds otherwise expended.

Section 3030l, Pub. L. 89-73, title III, Sec. 351, as added Pub.

L. 100-175, title I, Sec. 141(d), Nov. 29, 1987, 101 Stat. 946;

amended Pub. L. 102-375, title VII, Sec. 708(a)(2)(C), Sept. 30,

1992, 106 Stat. 1292; Pub. L. 103-171, Sec. 3(a)(13), Dec. 2, 1993,

107 Stat. 1990, authorized program of grants to satisfy special

needs of older individuals.

-End-

-CITE-

42 USC Part D - Disease Prevention and Health Promotion

Services 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER III - GRANTS FOR STATE AND COMMUNITY PROGRAMS ON AGING

Part D - Disease Prevention and Health Promotion Services

-HEAD-

PART D - DISEASE PREVENTION AND HEALTH PROMOTION SERVICES

-COD-

CODIFICATION

Pub. L. 106-501, title III, Sec. 314(2), Nov. 13, 2000, 114 Stat.

2253, redesignated part F of this subchapter as part D.

-MISC1-

PRIOR PROVISIONS

A prior part D, consisting of sections 3030h to 3030k of this

title, related to in-home services for frail older individuals,

prior to repeal by Pub. L. 106-501, title III, Sec. 314(1), Nov.

13, 2000, 114 Stat. 2253. See prior provisions notes under section

3030g-22 of this title.

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in section 3023 of this title.

-End-

-CITE-

42 USC Sec. 3030m 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER III - GRANTS FOR STATE AND COMMUNITY PROGRAMS ON AGING

Part D - Disease Prevention and Health Promotion Services

-HEAD-

Sec. 3030m. Program authorized

-STATUTE-

(a) Grants to States

The Assistant Secretary shall carry out a program for making

grants to States under State plans approved under section 3027 of

this title to provide disease prevention and health promotion

services and information at multipurpose senior centers, at

congregate meal sites, through home delivered meals programs, or at

other appropriate sites. In carrying out such program, the

Assistant Secretary shall consult with the Directors of the Centers

for Disease Control and Prevention and the National Institute on

Aging.

(b) Community organizations and agencies

The Assistant Secretary shall, to the extent possible, assure

that services provided by other community organizations and

agencies are used to carry out the provisions of this part.

-SOURCE-

(Pub. L. 89-73, title III, Sec. 361, as added Pub. L. 100-175,

title I, Sec. 143(c), Nov. 29, 1987, 101 Stat. 947; amended Pub. L.

102-375, title III, Sec. 319(a), Sept. 30, 1992, 106 Stat. 1241;

Pub. L. 103-171, Secs. 2(13), 3(a)(13), Dec. 2, 1993, 107 Stat.

1989, 1990.)

-MISC1-

AMENDMENTS

1993 - Subsec. (a). Pub. L. 103-171, Secs. 2(13), 3(a)(13),

substituted "Assistant Secretary" for "Commissioner" in two places

and inserted "and Prevention" after "Control".

Subsec. (b). Pub. L. 103-171, Sec. 3(a)(13), substituted

"Assistant Secretary" for "Commissioner".

1992 - Subsec. (a). Pub. L. 102-375, Sec. 319(a)(1), amended

subsec. (a) generally. Prior to amendment, subsec. (a) read as

follows: "The Commissioner shall carry out a program for making

grants to States under State plans approved under section 3027 of

this title for periodic preventive health services to be provided

at senior centers or alternative sites as appropriate."

Subsecs. (b), (c). Pub. L. 102-375, Sec. 319(a)(2), (3),

redesignated subsec. (c) as (b) and struck out former subsec. (b)

which read as follows: "Preventive health services under this part

may not include services eligible for reimbursement under

Medicare."

EFFECTIVE DATE

Part 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 an Effective

Date of 1987 Amendment note under section 3001 of this title.

-End-

-CITE-

42 USC Sec. 3030n 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER III - GRANTS FOR STATE AND COMMUNITY PROGRAMS ON AGING

Part D - Disease Prevention and Health Promotion Services

-HEAD-

Sec. 3030n. Distribution to area agencies on aging

-STATUTE-

The State agency shall give priority, in carrying out this part,

to areas of the State -

(1) which are medically underserved; and

(2) in which there are a large number of older individuals who

have the greatest economic need for such services.

-SOURCE-

(Pub. L. 89-73, title III, Sec. 362, as added Pub. L. 100-175,

title I, Sec. 143(c), Nov. 29, 1987, 101 Stat. 948; amended Pub. L.

102-375, title I, Sec. 102(b)(10)(G), Sept. 30, 1992, 106 Stat.

1202.)

-MISC1-

PRIOR PROVISIONS

Prior sections 3030o to 3030r were repealed by Pub. L. 106-501,

title III, Secs. 315, 316(1), Nov. 13, 2000, 114 Stat. 2253.

Section 3030o, Pub. L. 89-73, title III, Sec. 363, as added Pub.

L. 100-175, title I, Sec. 143(c), Nov. 29, 1987, 101 Stat. 948;

amended Pub. L. 102-375, title III, Sec. 319(b), Sept. 30, 1992,

106 Stat. 1242; Pub. L. 103-382, title III, Sec. 391(r)(2), Oct.

20, 1994, 108 Stat. 4024, defined "disease prevention and health

promotion services".

Section 3030p, Pub. L. 89-73, title III, Sec. 381, as added Pub.

L. 102-375, title III, Sec. 320, Sept. 30, 1992, 106 Stat. 1243;

amended Pub. L. 103-171, Sec. 3(a)(13), Dec. 2, 1993, 107 Stat.

1990, authorized grant program for States to provide supportive

activities for caretakers who provide in-home services to frail

older individuals.

Another prior section 3030p, Pub. L. 89-73, title III, Sec. 371,

as added Pub. L. 100-175, title I, Sec. 144(e), Nov. 29, 1987, 101

Stat. 949, authorized program for prevention of abuse, neglect and

exploitation of older individuals, prior to the general amendment

of former part G of this subchapter by section 320 of Pub. L.

102-375.

Section 3030q, Pub. L. 89-73, title III, Sec. 382, as added Pub.

L. 102-375, title III, Sec. 320, Sept. 30, 1992, 106 Stat. 1243,

defined "in-home services".

Section 3030r, Pub. L. 89-73, title III, Sec. 383, as added Pub.

L. 102-375, title III, Sec. 320, Sept. 30, 1992, 106 Stat. 1243,

required that funds available under former part G of this

subchapter be in addition to funds otherwise expended.

AMENDMENTS

1992 - Pub. L. 102-375 substituted "area agencies on aging" for

"area agencies" in section catchline.

-End-

-CITE-

42 USC Part E - National Family Caregiver Support Program 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER III - GRANTS FOR STATE AND COMMUNITY PROGRAMS ON AGING

Part E - National Family Caregiver Support Program

-HEAD-

PART E - NATIONAL FAMILY CAREGIVER SUPPORT PROGRAM

-MISC1-

PRIOR PROVISIONS

A prior part E, consisting of section 3030l of this title,

related to authorization of grant program for States to provide

additional assistance for special needs of older individuals, prior

to repeal by Pub. L. 106-501, title III, Sec. 314(1), Nov. 13,

2000, 114 Stat. 2253. See Prior Provisions note set out under

section 3030g-22 of this title.

A prior part F of this subchapter, consisting of sections 3030m

to 3030o of this title, was redesignated part D of this subchapter.

A prior part G of this subchapter consisting of sections 3030p to

3030r of this title, related to supportive activities for

caretakers who provide in-home services to frail older individuals,

prior to repeal by Pub. L. 106-501, title III, Sec. 316(1), Nov.

13, 2000, 114 Stat. 2253. See Prior Provisions notes set out under

section 3030n of this title.

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in sections 3023, 3058i of this title.

-End-

-CITE-

42 USC subpart i - caregiver support program 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER III - GRANTS FOR STATE AND COMMUNITY PROGRAMS ON AGING

Part E - National Family Caregiver Support Program

subpart i - caregiver support program

-HEAD-

SUBPART I - CAREGIVER SUPPORT PROGRAM

-SECREF-

SUBPART REFERRED TO IN OTHER SECTIONS

This subpart is referred to in section 3024 of this title.

-End-

-CITE-

42 USC Sec. 3030s 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER III - GRANTS FOR STATE AND COMMUNITY PROGRAMS ON AGING

Part E - National Family Caregiver Support Program

subpart i - caregiver support program

-HEAD-

Sec. 3030s. Definitions

-STATUTE-

In this subpart:

(1) Child

The term "child" means an individual who is not more than 18

years of age.

(2) Family caregiver

The term "family caregiver" means an adult family member, or

another individual, who is an informal provider of in-home and

community care to an older individual.

(3) Grandparent or older individual who is a relative caregiver

The term "grandparent or older individual who is a relative

caregiver" means a grandparent or stepgrandparent of a child, or

a relative of a child by blood or marriage, who is 60 years of

age or older and -

(A) lives with the child;

(B) is the primary caregiver of the child because the

biological or adoptive parents are unable or unwilling to serve

as the primary caregiver of the child; and

(C) has a legal relationship to the child, as such legal

custody or guardianship, or is raising the child informally.

-SOURCE-

(Pub. L. 89-73, title III, Sec. 372, as added Pub. L. 106-501,

title III, Sec. 316(2), Nov. 13, 2000, 114 Stat. 2254.)

-MISC1-

SHORT TITLE

For short title of this part as the "National Family Caregiver

Support Act", see section 371 of Pub. L. 89-73, set out as a Short

Title note under section 3001 of this title.

-End-

-CITE-

42 USC Sec. 3030s-1 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER III - GRANTS FOR STATE AND COMMUNITY PROGRAMS ON AGING

Part E - National Family Caregiver Support Program

subpart i - caregiver support program

-HEAD-

Sec. 3030s-1. Program authorized

-STATUTE-

(a) In general

The Assistant Secretary shall carry out a program for making

grants to States with State plans approved under section 3027 of

this title, to pay for the Federal share of the cost of carrying

out State programs, to enable area agencies on aging, or entities

that such area agencies on aging contract with, to provide

multifaceted systems of support services -

(1) for family caregivers; and

(2) for grandparents or older individuals who are relative

caregivers.

(b) Support services

The services provided, in a State program under subsection (a) of

this section, by an area agency on aging, or entity that such

agency has contracted with, shall include -

(1) information to caregivers about available services;

(2) assistance to caregivers in gaining access to the services;

(3) individual counseling, organization of support groups, and

caregiver training to caregivers to assist the caregivers in

making decisions and solving problems relating to their

caregiving roles;

(4) respite care to enable caregivers to be temporarily

relieved from their caregiving responsibilities; and

(5) supplemental services, on a limited basis, to complement

the care provided by caregivers.

(c) Population served; priority

(1) Population served

Services under a State program under this subpart shall be

provided to family caregivers, and grandparents and older

individuals who are relative caregivers, and who -

(A) are described in paragraph (1) or (2) of subsection (a)

of this section; and

(B) with regard to the services specified in paragraphs (4)

and (5) of subsection (b) of this section, in the case of a

caregiver described in paragraph (1), is providing care to an

older individual who meets the condition specified in

subparagraph (A)(i) or (B) of section 3002(28) (!1) of this

title.

(2) Priority

In providing services under this subpart, the State shall give

priority for services to older individuals with greatest social

and economic need,(!2) (with particular attention to low-income

older individuals) and older individuals providing care and

support to persons with mental retardation and related

developmental disabilities (as defined in section 102 of the

Developmental Disabilities Assistance and Bill of Rights Act (!1)

(42 U.S.C. 6001)) (referred to in this subpart as "developmental

disabilities").

(d) Coordination with service providers

In carrying out this subpart, each area agency on aging shall

coordinate the activities of the agency, or entity that such agency

has contracted with, with the activities of other community

agencies and voluntary organizations providing the types of

services described in subsection (b) of this section.

(e) Quality standards and mechanisms and accountability

(1) Quality standards and mechanisms

The State shall establish standards and mechanisms designed to

assure the quality of services provided with assistance made

available under this subpart.

(2) Data and records

The State shall collect data and maintain records relating to

the State program in a standardized format specified by the

Assistant Secretary. The State shall furnish the records to the

Assistant Secretary, at such time as the Assistant Secretary may

require, in order to enable the Assistant Secretary to monitor

State program administration and compliance, and to evaluate and

compare the effectiveness of the State programs.

(3) Reports

The State shall prepare and submit to the Assistant Secretary

reports on the data and records required under paragraph (2),

including information on the services funded under this subpart,

and standards and mechanisms by which the quality of the services

shall be assured.

(f) Caregiver allotment

(1) In general

(A) From sums appropriated under section 3023(e) of this title

for fiscal years 2001 through 2005, the Assistant Secretary shall

allot amounts among the States proportionately based on the

population of individuals 70 years of age or older in the States.

(B) In determining the amounts allotted to States from the sums

appropriated under section 3023 of this title for a fiscal year,

the Assistant Secretary shall first determine the amount allotted

to each State under subparagraph (A) and then proportionately

adjust such amounts, if necessary, to meet the requirements of

paragraph (2).

(C) The number of individuals 70 years of age or older in any

State and in all States shall be determined by the Assistant

Secretary on the basis of the most recent data available from the

Bureau of the Census and other reliable demographic data

satisfactory to the Assistant Secretary.

(2) Minimum allotment

(A) The amounts allotted under paragraph (1) shall be reduced

proportionately to the extent necessary to increase other

allotments under such paragraph to achieve the amounts described

in subparagraph (B).

(B)(i) Each State shall be allotted 1/2 of 1 percent of the

amount appropriated for the fiscal year for which the

determination is made.

(ii) Guam and the Virgin Islands of the United States shall

each be allotted 1/4 of 1 percent of the amount appropriated

for the fiscal year for which the determination is made.

(iii) American Samoa and the Commonwealth of the Northern

Mariana Islands shall each be allotted 1/16 of 1 percent of the

amount appropriated for the fiscal year for which the

determination is made.

(C) For the purposes of subparagraph (B)(i), the term "State"

does not include Guam, American Samoa, the Virgin Islands of the

United States, and the Commonwealth of the Northern Mariana

Islands.

(g) Availability of funds

(1) Use of funds for administration of area plans

Amounts made available to a State to carry out the State

program under this subpart may be used, in addition to amounts

available in accordance with section 3023(c)(1) of this title,

for costs of administration of area plans.

(2) Federal share

(A) In general

Notwithstanding section 3024(d)(1)(D) of this title, the

Federal share of the cost of carrying out a State program under

this subpart shall be 75 percent.

(B) Non-Federal share

The non-Federal share of the cost shall be provided from

State and local sources.

(C) Limitation

A State may use not more than 10 percent of the total Federal

and non-Federal share available to the State to provide support

services to grandparents and older individuals who are relative

caregivers.

-SOURCE-

(Pub. L. 89-73, title III, Sec. 373, as added Pub. L. 106-501,

title III, Sec. 316(2), Nov. 13, 2000, 114 Stat. 2254.)

-REFTEXT-

REFERENCES IN TEXT

Section 3002(28) of this title, referred to in subsec. (c)(1)(B),

probably should be a reference to section 3002(26). Former section

3002(28), which defined "frail" and contained subpars. (A)(i) and

(B) specifying conditions, was redesignated section 3002(26) by

Pub. L. 106-501, title I, Sec. 101(5), Nov. 13, 2000, 114 Stat.

2229. Section 3002(28) defines the term "greatest social need" and

does not contain a subpar. (A)(i).

Section 102 of the Developmental Disabilities Assistance and Bill

of Rights Act, referred to in subsec. (c)(2), is section 102 of

Pub. L. 88-164, which was classified to section 6001 of this title

prior to repeal by Pub. L. 106-402, title IV, Sec. 401(a), Oct. 30,

2000, 114 Stat. 1737.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3030s-2, 3057k-11 of this

title.

-FOOTNOTE-

(!1) See References in Text note below.

(!2) So in original.

-End-

-CITE-

42 USC Sec. 3030s-2 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER III - GRANTS FOR STATE AND COMMUNITY PROGRAMS ON AGING

Part E - National Family Caregiver Support Program

subpart i - caregiver support program

-HEAD-

Sec. 3030s-2. Maintenance of effort

-STATUTE-

Funds made available under this subpart shall supplement, and not

supplant, any Federal, State, or local funds expended by a State or

unit of general purpose local government (including an area agency

on aging) to provide services described in section 3030s-1 of this

title.

-SOURCE-

(Pub. L. 89-73, title III, Sec. 374, as added Pub. L. 106-501,

title III, Sec. 316(2), Nov. 13, 2000, 114 Stat. 2256.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3057k-11 of this title.

-End-

-CITE-

42 USC subpart ii - national innovation programs 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER III - GRANTS FOR STATE AND COMMUNITY PROGRAMS ON AGING

Part E - National Family Caregiver Support Program

subpart ii - national innovation programs

-HEAD-

SUBPART II - NATIONAL INNOVATION PROGRAMS

-End-

-CITE-

42 USC Sec. 3030s-11 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER III - GRANTS FOR STATE AND COMMUNITY PROGRAMS ON AGING

Part E - National Family Caregiver Support Program

subpart ii - national innovation programs

-HEAD-

Sec. 3030s-11. Innovation grant program

-STATUTE-

(a) In general

The Assistant Secretary shall carry out a program for making

grants on a competitive basis to foster the development and testing

of new approaches to sustaining the efforts of families and other

informal caregivers of older individuals, and to serving particular

groups of caregivers of older individuals, including low-income

caregivers and geographically distant caregivers and linking family

support programs with the State entity or agency that administers

or funds programs for persons with mental retardation or related

developmental disabilities and their families.

(b) Evaluation and dissemination of results

The Assistant Secretary shall provide for evaluation of the

effectiveness of programs and activities funded with grants made

under this section, and for dissemination to States of descriptions

and evaluations of such programs and activities, to enable States

to incorporate successful approaches into their programs carried

out under this part.

(c) Sunset provision

This section shall be effective for 3 fiscal years after November

13, 2000.

-SOURCE-

(Pub. L. 89-73, title III, Sec. 375, as added Pub. L. 106-501,

title III, Sec. 316(2), Nov. 13, 2000, 114 Stat. 2256.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3023 of this title.

-End-

-CITE-

42 USC Sec. 3030s-12 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER III - GRANTS FOR STATE AND COMMUNITY PROGRAMS ON AGING

Part E - National Family Caregiver Support Program

subpart ii - national innovation programs

-HEAD-

Sec. 3030s-12. Activities of national significance

-STATUTE-

(a) In general

The Assistant Secretary shall, directly or by grant or contract,

carry out activities of national significance to promote quality

and continuous improvement in the support provided to family and

other informal caregivers of older individuals through program

evaluation, training, technical assistance, and research.

(b) Sunset provision

This section shall be effective for 3 fiscal years after November

13, 2000.

-SOURCE-

(Pub. L. 89-73, title III, Sec. 376, as added Pub. L. 106-501,

title III, Sec. 316(2), Nov. 13, 2000, 114 Stat. 2257.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3023 of this title.

-End-

-CITE-

42 USC SUBCHAPTER IV - TRAINING, RESEARCH, AND

DISCRETIONARY PROJECTS AND PROGRAMS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER IV - TRAINING, RESEARCH, AND DISCRETIONARY PROJECTS AND

PROGRAMS

-HEAD-

SUBCHAPTER IV - TRAINING, RESEARCH, AND DISCRETIONARY PROJECTS AND

PROGRAMS

-COD-

CODIFICATION

Title IV of the Older Americans Act of 1965, comprising this

subchapter, was originally enacted by Pub. L. 89-73, title IV, as

added Pub. L. 93-29, title IV, Sec. 401, May 3, 1973, 87 Stat. 45,

and amended by Pub. L. 94-135, Nov. 28, 1975, 89 Stat. 717; Pub. L.

95-478, Oct. 18, 1978, 92 Stat. 1537; Pub. L. 97-115, Sec. 11(a),

Dec. 29, 1981, 95 Stat. 1601. Such title is shown herein, however,

as having been added by Pub. L. 106-501, title IV, Sec. 401, Nov.

13, 2000, 114 Stat. 2257, without reference to such intervening

amendments because of the extensive revision of the title's

provisions by Pub. L. 106-501.

Prior sections 3030aa to 3030jj were omitted in the general

amendment of this subchapter by Pub. L. 106-501.

A prior section 3030aa, Pub. L. 89-73, title IV, Sec. 401, as

added Pub. L. 98-459, title IV, Sec. 401, Oct. 9, 1984, 98 Stat.

1780; amended Pub. L. 100-175, title I, Sec. 151, Nov. 29, 1987,

101 Stat. 951; Pub. L. 102-375, title IV, Sec. 401, Sept. 30, 1992,

106 Stat. 1243, related to statement of purpose of this subchapter.

A prior section 3030bb, Pub. L. 89-73, title IV, Sec. 402, as

added Pub. L. 98-459, title IV, Sec. 401, Oct. 9, 1984, 98 Stat.

1781; amended Pub. L. 100-175, title I, Secs. 104(d), 105(d),

134(c)(1), Nov. 29, 1987, 101 Stat. 930, 941; Pub. L. 102-54, Sec.

13(q)(9)(C), June 13, 1991, 105 Stat. 281; Pub. L. 102-321, title

I, Sec. 163(c)(2)(C), July 10, 1992, 106 Stat. 377; Pub. L.

102-375, title I, Sec. 102(b)(1)(A), title IV, Sec. 402, title IX,

Sec. 904(a)(16), Sept. 30, 1992, 106 Stat. 1200, 1244, 1308; Pub.

L. 103-171, Secs. 2(14), 3(a)(13), Dec. 2, 1993, 107 Stat. 1989,

1990, related to administration.

A prior section 3030jj, Pub. L. 89-73, title IV, Sec. 410, as

added Pub. L. 98-459, title IV, Sec. 402, Oct. 9, 1984, 98 Stat.

1781; amended Pub. L. 100-175, title I, Sec. 134(c)(2), Nov. 29,

1987, 101 Stat. 941; Pub. L. 102-375, title IV, Sec. 403, Sept. 30,

1992, 106 Stat. 1244, related to purpose of former part A of this

subchapter.

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 3012, 3017, 3030 of

this title.

-End-

-CITE-

42 USC Sec. 3031 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER IV - TRAINING, RESEARCH, AND DISCRETIONARY PROJECTS AND

PROGRAMS

-HEAD-

Sec. 3031. Purposes

-STATUTE-

The purposes of this subchapter are -

(1) to expand the Nation's knowledge and understanding of the

older population and the aging process;

(2) to design, test, and promote the use of innovative ideas

and best practices in programs and services for older

individuals;

(3) to help meet the needs for trained personnel in the field

of aging; and

(4) to increase awareness of citizens of all ages of the need

to assume personal responsibility for their own longevity.

-SOURCE-

(Pub. L. 89-73, title IV, Sec. 401, as added Pub. L. 106-501, title

IV, Sec. 401, Nov. 13, 2000, 114 Stat. 2257.)

-MISC1-

PRIOR PROVISIONS

A prior section 3031, Pub. L. 89-73, title IV, Sec. 411, as added

Pub. L. 97-115, Sec. 11(a), Dec. 29, 1981, 95 Stat. 1601; amended

Pub. L. 98-459, title IV, Sec. 403, Oct. 9, 1984, 98 Stat. 1781;

Pub. L. 100-175, title I, Secs. 105(e)(1), 134(c)(3), 156(a), Nov.

29, 1987, 101 Stat. 930, 941, 954; Pub. L. 100-628, title VII, Sec.

705(7), Nov. 7, 1988, 102 Stat. 3247; Pub. L. 102-375, title I,

Sec. 102(b)(1)(A), (10)(A), (H), title IV, Sec. 404, Sept. 30,

1992, 106 Stat. 1200, 1202, 1244; Pub. L. 103-171, Secs. 2(15),

3(a)(13), Dec. 2, 1993, 107 Stat. 1989, 1990, related to purposes

and requirements of grants and contracts, prior to the general

amendment of this subchapter by Pub. L. 106-501.

Another prior section 3031, Pub. L. 89-73, title IV, Sec. 401, as

added Pub. L. 93-29, title IV, Sec. 401, May 3, 1973, 87 Stat. 45;

amended Pub. L. 95-478, title I, Sec. 104(a)(1), Oct. 18, 1973, 92

Stat. 1537, related to Congressional statement of purpose in

developing and implementing a national manpower policy for the

field of aging, prior to the general amendment of this subchapter

by Pub. L. 97-115.

Another prior section 3031, Pub. L. 89-73, title IV, Sec. 401,

July 14, 1965, 79 Stat. 224; Pub. L. 90-42, Sec. 5(b), July 1,

1967, 81 Stat. 107; Pub. L. 91-69, Sec. 7, Sept. 17, 1969, 83 Stat.

111, related to description of activities, prior to repeal by Pub.

L. 93-29, title IV, Sec. 401, May 3, 1973, 87 Stat. 45.

A prior section 401 of Pub. L. 89-73 was classified to section

3030aa of this title, prior to the general amendment of this

subchapter by Pub. L. 106-501.

-End-

-CITE-

42 USC Part A - Grant Programs 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER IV - TRAINING, RESEARCH, AND DISCRETIONARY PROJECTS AND

PROGRAMS

Part A - Grant Programs

-HEAD-

PART A - GRANT PROGRAMS

-End-

-CITE-

42 USC Sec. 3032 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER IV - TRAINING, RESEARCH, AND DISCRETIONARY PROJECTS AND

PROGRAMS

Part A - Grant Programs

-HEAD-

Sec. 3032. Program authorized

-STATUTE-

(a) In general

For the purpose of carrying out this section, the Assistant

Secretary may make grants to and enter into contracts with States,

public agencies, private nonprofit agencies, institutions of higher

education, and organizations, including tribal organizations, for -

(1) education and training to develop an adequately trained

workforce to work with and on behalf of older individuals;

(2) applied social research and analysis to improve access to

and delivery of services for older individuals;

(3) evaluation of the performance of the programs, activities,

and services provided under this section;

(4) the development of methods and practices to improve the

quality and effectiveness of the programs, services, and

activities provided under this section;

(5) the demonstration of new approaches to design, deliver, and

coordinate programs and services for older individuals;

(6) technical assistance in planning, developing, implementing,

and improving the programs, services, and activities provided

under this section;

(7) coordination with the designated State agency described in

section 101(a)(2)(A)(i) of the Rehabilitation Act of 1973 (29

U.S.C. 721(a)(2)(A)(i)) to provide services to older individuals

who are blind as described in such Act [29 U.S.C. 701 et seq.];

(8) the training of graduate level professionals specializing

in the mental health needs of older individuals; and

(9) any other activities that the Assistant Secretary

determines will achieve the objectives of this section.

(b) Authorization of appropriations

There are authorized to be appropriated to carry out this section

such sums as may be necessary for fiscal year 2001, and such sums

as may be necessary for subsequent fiscal years.

-SOURCE-

(Pub. L. 89-73, title IV, Sec. 411, as added Pub. L. 106-501, title

IV, Sec. 401, Nov. 13, 2000, 114 Stat. 2257.)

-REFTEXT-

REFERENCES IN TEXT

The Rehabilitation Act of 1973, referred to in subsec. (a)(7), is

Pub. L. 93-112, Sept. 26, 1973, 87 Stat. 355, as amended, which is

classified generally to chapter 16 (Sec. 701 et seq.) of Title 29,

Labor. For complete classification of this Act to the Code, see

Short Title note set out under section 701 of Title 29 and Tables.

-MISC1-

PRIOR PROVISIONS

A prior section 3032, Pub. L. 89-73, title IV, Sec. 412, as added

Pub. L. 97-115, Sec. 11(a), Dec. 29, 1981, 95 Stat. 1601; amended

Pub. L. 98-459, title IV, Sec. 404, Oct. 9, 1984, 98 Stat. 1782;

Pub. L. 100-175, title I, Secs. 105(e)(2), 134(c)(4), 146(c),

156(b), Nov. 29, 1987, 101 Stat. 930, 941, 950, 954; Pub. L.

102-375, title I, Sec. 102(b)(10)(I), title IV, Sec. 405, title IX,

Sec. 904(a)(17), Sept. 30, 1992, 106 Stat. 1202, 1245, 1308; Pub.

L. 103-171, Sec. 3(a)(13), Dec. 2, 1993, 107 Stat. 1990, related to

establishment and support of multidisciplinary centers of

gerontology and gerontology centers of special emphasis, prior to

the general amendment of this subchapter by Pub. L. 106-501.

Another prior section 3032, Pub. L. 89-73, title IV, Sec. 402, as

added Pub. L. 93-29, title IV, Sec. 401, May 3, 1973, 87 Stat. 45;

amended Pub. L. 95-478, title I, Sec. 104(a)(2), Oct. 18, 1978, 92

Stat. 1537, related to appraisal and assessment of personnel needs

of field of aging, prior to the general amendment of this

subchapter by Pub. L. 97-115.

Another prior section 3032, Pub. L. 89-73, title IV, Sec. 402,

July 14, 1965, 79 Stat. 224, related to payments of grants,

providing in: subsec. (a) for contribution by recipients; subsec.

(b) adjustments, advances or reimbursement, installments and

conditions; and subsec. (c) consultation of Secretary with State

agency prior to making grants or contracts, prior to repeal by Pub.

L. 93-29, title IV, Sec. 401, May 3, 1973, 87 Stat. 45.

A prior section 411 of Pub. L. 89-73 was classified to section

3031 of this title, prior to the general amendment of this

subchapter by Pub. L. 106-501.

Another prior section 411 of Pub. L. 89-73 was classified to

section 3035 of this title, prior to the general amendment of this

subchapter by Pub. L. 97-115.

-End-

-CITE-

42 USC Sec. 3032a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER IV - TRAINING, RESEARCH, AND DISCRETIONARY PROJECTS AND

PROGRAMS

Part A - Grant Programs

-HEAD-

Sec. 3032a. Career preparation for the field of aging

-STATUTE-

(a) Grants

The Assistant Secretary shall make grants to institutions of

higher education, historically Black colleges or universities,

Hispanic Centers of Excellence in Applied Gerontology, and other

educational institutions that serve the needs of minority students,

to provide education and training to prepare students for careers

in the field of aging.

(b) Definitions

For purposes of subsection (a) of this section:

(1) Hispanic Center of Excellence in Applied Gerontology

The term "Hispanic Center of Excellence in Applied Gerontology"

means an institution of higher education with a program in

applied gerontology that -

(A) has a significant number of Hispanic individuals enrolled

in the program, including individuals accepted for enrollment

in the program;

(B) has been effective in assisting Hispanic students of the

program to complete the program and receive the degree

involved;

(C) has been effective in recruiting Hispanic individuals to

attend the program, including providing scholarships and other

financial assistance to such individuals and encouraging

Hispanic students of secondary educational institutions to

attend the program; and

(D) has made significant recruitment efforts to increase the

number and placement of Hispanic individuals serving in faculty

or administrative positions in the program.

(2) Historically Black college or university

The term "historically Black college or university" has the

meaning given the term "part B institution" in section 1061(2) of

title 20.

-SOURCE-

(Pub. L. 89-73, title IV, Sec. 412, as added Pub. L. 106-501, title

IV, Sec. 401, Nov. 13, 2000, 114 Stat. 2258.)

-MISC1-

PRIOR PROVISIONS

A prior section 412 of Pub. L. 89-73 was classified to section

3032 of this title, prior to the general amendment of this

subchapter by Pub. L. 106-501.

Another prior section 412 of Pub. L. 89-73 was classified to

section 3035a of this title, prior to repeal by Pub. L. 95-478,

title I, Sec. 104(b)(3), Oct. 18, 1978, 92 Stat. 1539.

-End-

-CITE-

42 USC Sec. 3032b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER IV - TRAINING, RESEARCH, AND DISCRETIONARY PROJECTS AND

PROGRAMS

Part A - Grant Programs

-HEAD-

Sec. 3032b. Older individuals' protection from violence projects

-STATUTE-

(a) Program authorized

The Assistant Secretary shall make grants to States, area

agencies on aging, nonprofit organizations, or tribal organizations

to carry out the activities described in subsection (b) of this

section.

(b) Activities

A State, an area agency on aging, a nonprofit organization, or a

tribal organization that receives a grant under subsection (a) of

this section shall use such grant to -

(1) support projects in local communities, involving diverse

sectors of each community, to coordinate activities concerning

intervention in and prevention of elder abuse, neglect, and

exploitation, including family violence and sexual assault,

against older individuals;

(2) develop and implement outreach programs directed toward

assisting older individuals who are victims of elder abuse,

neglect, and exploitation (including family violence and sexual

assault, against older individuals), including programs directed

toward assisting the individuals in senior housing complexes,

nursing homes, board and care facilities, and senior centers;

(3) expand access to family violence and sexual assault

programs (including shelters, rape crisis centers, and support

groups), including mental health services, safety planning and

legal advocacy for older individuals and encourage the use of

senior housing, hotels, or other suitable facilities or services

when appropriate as emergency short-term shelters for older

individuals who are the victims of elder abuse, including family

violence and sexual assault; or

(4) promote research on legal, organizational, or training

impediments to providing services to older individuals through

shelters and other programs, such as impediments to provision of

services in coordination with delivery of health care or services

delivered under this chapter.

(c) Preference

In awarding grants under subsection (a) of this section, the

Assistant Secretary shall give preference to a State, an area

agency on aging, a nonprofit organization, or a tribal organization

that has the ability to carry out the activities described in this

section and subchapter XI of this chapter.

(d) Coordination

The Assistant Secretary shall encourage each State, area agency

on aging, nonprofit organization, and tribal organization that

receives a grant under subsection (a) of this section to coordinate

activities provided under this section with activities provided by

other area agencies on aging, tribal organizations, State adult

protective service programs, private nonprofit organizations, and

by other entities receiving funds under subchapter XI of this

chapter.

-SOURCE-

(Pub. L. 89-73, title IV, Sec. 413, as added Pub. L. 106-501, title

IV, Sec. 401, Nov. 13, 2000, 114 Stat. 2259.)

-End-

-CITE-

42 USC Sec. 3032c 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER IV - TRAINING, RESEARCH, AND DISCRETIONARY PROJECTS AND

PROGRAMS

Part A - Grant Programs

-HEAD-

Sec. 3032c. Health care service demonstration projects in rural

areas

-STATUTE-

(a) Authority

The Assistant Secretary, after consultation with the State agency

of the State involved, shall make grants to eligible public

agencies and nonprofit private organizations to pay part or all of

the cost of developing or operating model health care service

projects (including related home health care services, adult day

health care, outreach, and transportation) through multipurpose

senior centers that are located in rural areas and that provide

nutrition services under section 3030e of this title, to meet the

health care needs of medically underserved older individuals

residing in such areas.

(b) Eligibility

To be eligible to receive a grant under subsection (a) of this

section, a public agency or nonprofit private organization shall

submit to the Assistant Secretary an application containing such

information and assurances as the Secretary may require, including

-

(1) information describing the nature and extent of the

applicant's -

(A) experience in providing medical services of the type to

be provided in the project for which a grant is requested; and

(B) coordination and cooperation with -

(i) institutions of higher education having graduate

programs with capability in public health, the medical

sciences, psychology, pharmacology, nursing, social work,

health education, nutrition, or gerontology, for the purpose

of designing and developing such project; and

(ii) critical access hospitals (as defined in section

1395x(mm)(1) of this title and rural health clinics (as

defined in section 1395x(aa)(2) of this title);

(2) assurances that the applicant will carry out the project

for which a grant is requested, through a multipurpose senior

center located -

(A)(i) in a rural area that has a population of less than

5,000; or

(ii) in a county that has fewer than seven individuals per

square mile; and

(B) in a State in which -

(i) not less than 33 1/3 of the population resides in

rural areas; and

(ii) not less than 5 percent of the population resides in

counties with fewer than seven individuals per square mile,

as defined by and determined in accordance with the most recent

data available from the Bureau of the Census; and

(3) assurances that the applicant will submit to the Assistant

Secretary such evaluations and reports as the Assistant Secretary

may require.

(c) Reports

The Assistant Secretary shall prepare and submit to the

appropriate committees of Congress a report that includes summaries

of the evaluations and reports required under subsection (b) of

this section.

-SOURCE-

(Pub. L. 89-73, title IV, Sec. 414, as added Pub. L. 106-501, title

IV, Sec. 401, Nov. 13, 2000, 114 Stat. 2259.)

-End-

-CITE-

42 USC Sec. 3032d 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER IV - TRAINING, RESEARCH, AND DISCRETIONARY PROJECTS AND

PROGRAMS

Part A - Grant Programs

-HEAD-

Sec. 3032d. Computer training

-STATUTE-

(a) Program authorized

The Assistant Secretary, in consultation with the Assistant

Secretary of Commerce for Communications and Information, may award

grants or contracts to entities to provide computer training and

enhanced Internet access for older individuals.

(b) Priority

If the Assistant Secretary awards grants under subsection (a) of

this section, the Assistant Secretary shall give priority to an

entity that -

(1) will provide services to older individuals living in rural

areas;

(2) has demonstrated expertise in providing computer training

to older individuals; or

(3) has demonstrated that it has a variety of training delivery

methods, including facility-based, computer-based, and

Internet-based training, that may facilitate a determination of

the best method of training older individuals.

(c) Special consideration

In awarding grants under this section, the Assistant Secretary

shall give special consideration to applicants that have entered

into a partnership with one or more private entities providing such

applicants with donated information technologies including

software, hardware, or training.

(d) Use of funds

An entity that receives a grant or contract under subsection (a)

of this section shall use funds received under such grant or

contract to provide training for older individuals that -

(1) relates to the use of computers and related equipment, in

order to improve the self-employment and employment-related

technology skills of older individuals, as well as their ability

to use the Internet; and

(2) is provided at senior centers, housing facilities for older

individuals, elementary schools, secondary schools, and

institutions of higher education.

-SOURCE-

(Pub. L. 89-73, title IV, Sec. 415, as added Pub. L. 106-501, title

IV, Sec. 401, Nov. 13, 2000, 114 Stat. 2260.)

-End-

-CITE-

42 USC Sec. 3032e 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER IV - TRAINING, RESEARCH, AND DISCRETIONARY PROJECTS AND

PROGRAMS

Part A - Grant Programs

-HEAD-

Sec. 3032e. Technical assistance to improve transportation for

seniors

-STATUTE-

(a) In general

The Secretary may award grants or contracts to nonprofit

organizations to improve transportation services for older

individuals.

(b) Use of funds

A nonprofit organization receiving a grant or contract under

subsection (a) of this section shall use funds received under such

grant or contract to provide technical assistance to assist local

transit providers, area agencies on aging, senior centers and local

senior support groups to encourage and facilitate coordination of

Federal, State, and local transportation services and resources for

older individuals. Such technical assistance may include -

(1) developing innovative approaches for improving access by

older individuals to supportive services;

(2) preparing and disseminating information on transportation

options and resources for older individuals and organizations

serving such individuals through establishing a toll-free

telephone number;

(3) developing models and best practices for comprehensive

integrated transportation services for older individuals,

including services administered by the Secretary of

Transportation, by providing ongoing technical assistance to

agencies providing services under subchapter III of this chapter

and by assisting in coordination of public and community

transportation services; and

(4) providing special services to link seniors to

transportation services not provided under subchapter III of this

chapter.

-SOURCE-

(Pub. L. 89-73, title IV, Sec. 416, as added Pub. L. 106-501, title

IV, Sec. 401, Nov. 13, 2000, 114 Stat. 2261.)

-End-

-CITE-

42 USC Sec. 3032f 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER IV - TRAINING, RESEARCH, AND DISCRETIONARY PROJECTS AND

PROGRAMS

Part A - Grant Programs

-HEAD-

Sec. 3032f. Demonstration projects for multigenerational activities

-STATUTE-

(a) Grants and contracts

The Assistant Secretary may award grants and enter into contracts

with eligible organizations to establish demonstration projects to

provide older individuals with multigenerational activities.

(b) Use of funds

An eligible organization shall use funds made available under a

grant awarded, or a contract entered into, under subsection (a) of

this section -

(1) to carry out a demonstration project that provides

multigenerational activities, including any professional training

appropriate to such activities for older individuals; and

(2) to evaluate the project in accordance with subsection (f)

of this section.

(c) Preference

In awarding grants and entering into contracts under subsection

(a) of this section, the Assistant Secretary shall give preference

to -

(1) eligible organizations with a demonstrated record of

carrying out multigenerational activities; and

(2) eligible organizations proposing projects that will serve

older individuals with greatest economic need (with particular

attention to low-income minority individuals and older

individuals residing in rural areas).

(d) Application

To be eligible to receive a grant or enter into a contract under

subsection (a) of this section, an organization shall submit an

application to the Assistant Secretary at such time, in such

manner, and accompanied by such information as the Assistant

Secretary may reasonably require.

(e) Eligible organizations

Organizations eligible to receive a grant or enter into a

contract under subsection (a) of this section shall be

organizations that employ, or provide opportunities for, older

individuals in multigenerational activities.

(f) Local evaluation and report

(1) Evaluation

Each organization receiving a grant or a contract under

subsection (a) of this section to carry out a demonstration

project shall evaluate the multigenerational activities assisted

under the project to determine the effectiveness of the

multigenerational activities, the impact of such activities on

child care and youth day care programs, and the impact of such

activities on older individuals involved in such project.

(2) Report

The organization shall submit a report to the Assistant

Secretary containing the evaluation not later than 6 months after

the expiration of the period for which the grant or contract is

in effect.

(g) Report to Congress

Not later than 6 months after the Assistant Secretary receives

the reports described in subsection (f)(2) of this section, the

Assistant Secretary shall prepare and submit to the Speaker of the

House of Representatives and the President pro tempore of the

Senate a report that assesses the evaluations and includes, at a

minimum -

(1) the names or descriptive titles of the demonstration

projects funded under subsection (a) of this section;

(2) a description of the nature and operation of the projects;

(3) the names and addresses of organizations that conducted the

projects;

(4) a description of the methods and success of the projects in

recruiting older individuals as employees and volunteers to

participate in the projects;

(5) a description of the success of the projects in retaining

older individuals involved in the projects as employees and as

volunteers; and

(6) the rate of turnover of older individual employees and

volunteers in the projects.

(h) Definition

As used in this section, the term "multigenerational activity"

includes an opportunity to serve as a mentor or adviser in a child

care program, a youth day care program, an educational assistance

program, an at-risk youth intervention program, a juvenile

delinquency treatment program, or a family support program.

-SOURCE-

(Pub. L. 89-73, title IV, Sec. 417, as added Pub. L. 106-501, title

IV, Sec. 401, Nov. 13, 2000, 114 Stat. 2261.)

-End-

-CITE-

42 USC Sec. 3032g 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER IV - TRAINING, RESEARCH, AND DISCRETIONARY PROJECTS AND

PROGRAMS

Part A - Grant Programs

-HEAD-

Sec. 3032g. Native American programs

-STATUTE-

(a) Establishment

(1) In general

The Assistant Secretary shall make grants or enter into

contracts with not fewer than two and not more than four eligible

entities to establish and operate Resource Centers on Native

American Elders (referred to in this section as "Resource

Centers"). The Assistant Secretary shall make such grants or

enter into such contracts for periods of not less than 3 years.

(2) Functions

(A) In general

Each Resource Center that receives funds under this section

shall -

(i) gather information;

(ii) perform research;

(iii) provide for the dissemination of results of the

research; and

(iv) provide technical assistance and training to entities

that provide services to Native Americans who are older

individuals.

(B) Areas of concern

In conducting the functions described in subparagraph (A), a

Resource Center shall focus on priority areas of concern for

the Resource Centers regarding Native Americans who are older

individuals, which areas shall be -

(i) health problems;

(ii) long-term care, including in-home care;

(iii) elder abuse; and

(iv) other problems and issues that the Assistant Secretary

determines are of particular importance to Native Americans

who are older individuals.

(3) Preference

In awarding grants and entering into contracts under paragraph

(1), the Assistant Secretary shall give preference to

institutions of higher education that have conducted research on,

and assessments of, the characteristics and needs of Native

Americans who are older individuals.

(4) Consultation

In determining the type of information to be sought from, and

activities to be performed by, Resource Centers, the Assistant

Secretary shall consult with the Director of the Office for

American Indian, Alaskan Native, and Native Hawaiian Aging and

with national organizations with special expertise in serving

Native Americans who are older individuals.

(5) Eligible entities

To be eligible to receive a grant or enter into a contract

under paragraph (1), an entity shall be an institution of higher

education with experience conducting research and assessment on

the needs of older individuals.

(6) Report to Congress

The Assistant Secretary, with assistance from each Resource

Center, shall prepare and submit to the Speaker of the House of

Representatives and the President pro tempore of the Senate an

annual report on the status and needs, including the priority

areas of concern, of Native Americans who are older individuals.

(b) Training grants

The Assistant Secretary shall make grants and enter into

contracts to provide in-service training opportunities and courses

of instruction on aging to Indian tribes through public or

nonprofit Indian aging organizations and to provide annually a

national meeting to train directors of programs under this

subchapter.

-SOURCE-

(Pub. L. 89-73, title IV, Sec. 418, as added Pub. L. 106-501, title

IV, Sec. 401, Nov. 13, 2000, 114 Stat. 2263.)

-End-

-CITE-

42 USC Sec. 3032h 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER IV - TRAINING, RESEARCH, AND DISCRETIONARY PROJECTS AND

PROGRAMS

Part A - Grant Programs

-HEAD-

Sec. 3032h. Multidisciplinary centers

-STATUTE-

(a) Program authorized

The Assistant Secretary may make grants to public and private

nonprofit agencies, organizations, and institutions for the purpose

of establishing or supporting multidisciplinary centers of

gerontology, and gerontology centers of special emphasis (including

emphasis on nutrition, employment, health (including mental

health), disabilities (including severe disabilities), income

maintenance, counseling services, supportive services, minority

populations, and older individuals residing in rural areas).

(b) Use of funds

(1) In general

The centers described in subsection (a) of this section shall

conduct research and policy analysis and function as a technical

resource for the Assistant Secretary, policymakers, service

providers, and Congress.

(2) Multidisciplinary centers

The multidisciplinary centers of gerontology described in

subsection (a) of this section shall -

(A) recruit and train personnel;

(B) conduct basic and applied research toward the development

of information related to aging;

(C) stimulate the incorporation of information on aging into

the teaching of biological, behavioral, and social sciences at

colleges and universities;

(D) help to develop training programs in the field of aging

at schools of public health, education, social work, and

psychology, and other appropriate schools within colleges and

universities;

(E) serve as a repository of information and knowledge on

aging;

(F) provide consultation and information to public and

voluntary organizations, including State agencies and area

agencies on aging, which serve the needs of older individuals

in planning and developing services provided under other

provisions of this chapter; and

(G) if appropriate, provide information relating to assistive

technology.

(c) Data

(1) In general

Each center that receives a grant under subsection (a) of this

section shall provide data to the Assistant Secretary on the

projects and activities carried out with funds received under

such subsection.

(2) Information included

Such data described in paragraph (1) shall include -

(A) information on the number of personnel trained;

(B) information on the number of older individuals served;

(C) information on the number of schools assisted; and

(D) other information that will facilitate achieving the

objectives of this section.

-SOURCE-

(Pub. L. 89-73, title IV, Sec. 419, as added Pub. L. 106-501, title

IV, Sec. 401, Nov. 13, 2000, 114 Stat. 2264.)

-End-

-CITE-

42 USC Sec. 3032i 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER IV - TRAINING, RESEARCH, AND DISCRETIONARY PROJECTS AND

PROGRAMS

Part A - Grant Programs

-HEAD-

Sec. 3032i. Demonstration and support projects for legal assistance

for older individuals

-STATUTE-

(a) Program authorized

The Assistant Secretary shall make grants and enter into

contracts, in order to -

(1) provide a national legal assistance support system

(operated by one or more grantees or contractors) of activities

to State and area agencies on aging for providing, developing, or

supporting legal assistance for older individuals, including -

(A) case consultations;

(B) training;

(C) provision of substantive legal advice and assistance; and

(D) assistance in the design, implementation, and

administration of legal assistance delivery systems to local

providers of legal assistance for older individuals; and

(2) support demonstration projects to expand or improve the

delivery of legal assistance to older individuals with social or

economic needs.

(b) Assurances

Any grants or contracts made under subsection (a)(2) of this

section shall contain assurances that the requirements of section

3027(a)(11) of this title are met.

(c) Assistance

To carry out subsection (a)(1) of this section, the Assistant

Secretary shall make grants to or enter into contracts with

national nonprofit organizations experienced in providing support

and technical assistance on a nationwide basis to States, area

agencies on aging, legal assistance providers, ombudsmen, elder

abuse prevention programs, and other organizations interested in

the legal rights of older individuals.

-SOURCE-

(Pub. L. 89-73, title IV, Sec. 420, as added Pub. L. 106-501, title

IV, Sec. 401, Nov. 13, 2000, 114 Stat. 2265.)

-MISC1-

PRIOR PROVISIONS

A prior section 420 of Pub. L. 89-73 was classified to section

3034 of this title, prior to the general amendment of this

subchapter by Pub. L. 106-501.

-End-

-CITE-

42 USC Sec. 3032j 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER IV - TRAINING, RESEARCH, AND DISCRETIONARY PROJECTS AND

PROGRAMS

Part A - Grant Programs

-HEAD-

Sec. 3032j. Ombudsman and advocacy demonstration projects

-STATUTE-

(a) Program authorized

The Assistant Secretary shall award grants to not fewer than

three and not more than 10 States to conduct demonstrations and

evaluate cooperative projects between the State long-term care

ombudsman program, legal assistance agencies, and the State

protection and advocacy systems for individuals with developmental

disabilities and individuals with mental illness, established under

part C of the Developmental Disabilities Assistance and Bill of

Rights Act (!1) (42 U.S.C. 6041 et seq.) and under the Protection

and Advocacy for Mentally Ill Individuals Act of 1986 (!1) (42

U.S.C. 10801 et seq.).

(b) Report

The Assistant Secretary shall prepare and submit to Congress a

report containing the results of the evaluation required by

subsection (a) of this section. Such report shall contain such

recommendations as the Assistant Secretary determines to be

appropriate.

-SOURCE-

(Pub. L. 89-73, title IV, Sec. 421, as added Pub. L. 106-501, title

IV, Sec. 401, Nov. 13, 2000, 114 Stat. 2265.)

-REFTEXT-

REFERENCES IN TEXT

The Developmental Disabilities Assistance and Bill of Rights Act,

referred to in subsec. (a), is title I of Pub. L. 88-164, Oct. 31,

1963, 77 Stat. 282, as amended generally by Pub. L. 98-527, Sec. 2,

Oct. 19, 1984, 98 Stat. 2662, as further amended, which was

repealed by Pub. L. 106-402, title IV, Sec. 401(a), Oct. 30, 2000,

114 Stat. 1737. Part C of the Act was classified generally to

subchapter III (Sec. 6041 et seq.) of chapter 75 of this title. For

complete classification of this Act to the Code, see Tables.

The Protection and Advocacy for Mentally Ill Individuals Act of

1986, referred to in subsec. (a), was Pub. L. 99-319, May 23, 1986,

100 Stat. 478, as amended. Pub. L. 99-319 was renamed the

Protection and Advocacy for Individuals with Mental Illness Act by

Pub. L. 106-310, div. B, title XXXII, Sec. 3206(a), Oct. 17, 2000,

114 Stat. 1193, and is classified generally to chapter 114 (Sec.

10801 et seq.) of this title. For complete classification of this

Act to the Code, see Short Title note set out under section 10801

of this title and Tables.

-MISC1-

PRIOR PROVISIONS

A prior section 421 of Pub. L. 89-73 was classified to section

3035 of this title, prior to the general amendment of this

subchapter by Pub. L. 106-501.

Another prior section 421 of Pub. L. 89-73 was classified to

section 3035b of this title, prior to the general amendment of this

subchapter by Pub. L. 97-115.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Part B - General Provisions 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER IV - TRAINING, RESEARCH, AND DISCRETIONARY PROJECTS AND

PROGRAMS

Part B - General Provisions

-HEAD-

PART B - GENERAL PROVISIONS

-End-

-CITE-

42 USC Sec. 3033 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER IV - TRAINING, RESEARCH, AND DISCRETIONARY PROJECTS AND

PROGRAMS

Part B - General Provisions

-HEAD-

Sec. 3033. Payment of grants

-STATUTE-

(a) Contributions

To the extent the Assistant Secretary determines a contribution

to be appropriate, the Assistant Secretary shall require the

recipient of any grant or contract under this subchapter to

contribute money, facilities, or services for carrying out the

project for which such grant or contract was made.

(b) Payments

Payments under this subchapter pursuant to a grant or contract

may be made (after necessary adjustment, in the case of grants, on

account of previously made overpayments or underpayments) in

advance or by way of reimbursement, and in such installments and on

such conditions, as the Assistant Secretary may determine.

(c) Consultation

The Assistant Secretary shall make no grant or contract under

this subchapter in any State that has established or designated a

State agency for purposes of subchapter III of this chapter unless

the Assistant Secretary -

(1) consults with the State agency prior to issuing the grant

or contract; and

(2) informs the State agency of the purposes of the grant or

contract when the grant or contract is issued.

-SOURCE-

(Pub. L. 89-73, title IV, Sec. 431, as added Pub. L. 106-501, title

IV, Sec. 401, Nov. 13, 2000, 114 Stat. 2265.)

-MISC1-

PRIOR PROVISIONS

A prior section 3033, Pub. L. 89-73, title IV, Sec. 403, as added

Pub. L. 93-29, title IV, Sec. 401, May 3, 1973, 87 Stat. 46;

amended Pub. L. 94-135, title I, Sec. 109, Nov. 28, 1975, 89 Stat.

717; Pub. L. 95-478, title I, Sec. 104(a)(3), Oct. 18, 1978, 92

Stat. 1537, related to task of attracting qualified persons to

field of aging, prior to the general amendment of this subchapter

by Pub. L. 97-115.

A prior section 431 of Pub. L. 89-73 was classified to section

3037 of this title, prior to the general amendment of this

subchapter by Pub. L. 106-501.

Another prior section 431 of Pub. L. 89-73 was classified to

section 3035g of this title, prior to the general amendment of this

subchapter by Pub. L. 97-115.

Another prior section 431 of Pub. L. 89-73 was renumbered section

451, and was classified to section 3037 of this title, prior to the

general amendment of this subchapter by Pub. L. 97-115.

-End-

-CITE-

42 USC Sec. 3033a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER IV - TRAINING, RESEARCH, AND DISCRETIONARY PROJECTS AND

PROGRAMS

Part B - General Provisions

-HEAD-

Sec. 3033a. Responsibilities of Assistant Secretary

-STATUTE-

(a) In general

The Assistant Secretary shall be responsible for the

administration, implementation, and making of grants and contracts

under this subchapter and shall not delegate authority under this

subchapter to any other individual, agency, or organization.

(b) Report

(1) In general

Not later than January 1 following each fiscal year, the

Assistant Secretary shall submit, to the Speaker of the House of

Representatives and the President pro tempore of the Senate, a

report for such fiscal year that describes each project and each

program -

(A) for which funds were provided under this subchapter; and

(B) that was completed in the fiscal year for which such

report is prepared.

(2) Contents

Such report shall contain -

(A) the name or descriptive title of each project or program;

(B) the name and address of the individual or governmental

entity that conducted such project or program;

(C) a specification of the period throughout which such

project or program was conducted;

(D) the identity of each source of funds expended to carry

out such project or program and the amount of funds provided by

each such source;

(E) an abstract describing the nature and operation of such

project or program; and

(F) a bibliography identifying all published information

relating to such project or program.

(c) Evaluations

(1) In general

The Assistant Secretary shall establish by regulation and

implement a process to evaluate the results of projects and

programs carried out under this subchapter.

(2) Results

The Assistant Secretary shall -

(A) make available to the public the results of each

evaluation carried out under paragraph (1); and

(B) use such evaluation to improve services delivered, or the

operation of projects and programs carried out, under this

chapter.

-SOURCE-

(Pub. L. 89-73, title IV, Sec. 432, as added Pub. L. 106-501, title

IV, Sec. 401, Nov. 13, 2000, 114 Stat. 2266.)

-MISC1-

PRIOR PROVISIONS

A prior section 432 of Pub. L. 89-73 was classified to section

3035h of this title, prior to the general amendment of this

subchapter by Pub. L. 97-115.

Prior sections 3034 to 3037b were omitted in the general

amendment of this subchapter by Pub. L. 106-501.

Section 3034, Pub. L. 89-73, title IV, Sec. 420, as added Pub. L.

98-459, title IV, Sec. 405, Oct. 9, 1984, 98 Stat. 1783, related to

purpose of former part B of this subchapter.

Another prior section 3034, Pub. L. 89-73, title IV, Sec. 404, as

added Pub. L. 93-29, title IV, Sec. 401, May 3, 1973, 87 Stat. 46;

amended Pub. L. 94-135, title I, Sec. 110, Nov. 28, 1975, 89 Stat.

718; Pub. L. 95-478, title I, Sec. 104(a)(4), title V, Sec. 503(c),

Oct. 18, 1978, 92 Stat. 1538, 1559, provided for grants for

training programs for personnel in field of aging, prior to the

general amendment of this subchapter by Pub. L. 97-115.

Section 3035, Pub. L. 89-73, title IV, Sec. 421, as added Pub. L.

97-115, Sec. 11(a), Dec. 29, 1981, 95 Stat. 1601; amended Pub. L.

98-459, title IV, Sec. 406, Oct. 9, 1984, 98 Stat. 1783; Pub. L.

102-375, title IX, Sec. 904(a)(18), Sept. 30, 1992, 106 Stat. 1308;

Pub. L. 103-171, Secs. 2(16), 3(a)(13), Dec. 2, 1993, 107 Stat.

1989, 1990, related to research and development projects.

Another prior section 3035, Pub. L. 89-73, title IV, Sec. 411, as

added Pub. L. 93-29, title IV, Sec. 401, May 3, 1973, 87 Stat. 47;

amended Pub. L. 95-478, title I, Sec. 104(b)(1), (2), title V, Sec.

503(c)(3), Oct. 18, 1978, 92 Stat. 1538, 1559, related to grants

and contracts for research and development projects, prior to the

general amendment of this subchapter by Pub. L. 97-115.

Section 3035a, Pub. L. 89-73, title IV, Sec. 422, as added Pub.

L. 97-115, Sec. 11(a), Dec. 29, 1981, 95 Stat. 1602; amended Pub.

L. 98-459, title IV, Sec. 407, Oct. 9, 1984, 98 Stat. 1784; Pub. L.

100-175, title I, Secs. 152, 153, 156(c), 182(o), Nov. 29, 1987,

101 Stat. 951, 954, 967; Pub. L. 100-628, title VII, Sec. 705(8),

Nov. 7, 1988, 102 Stat. 3247; Pub. L. 102-375, title I, Sec.

102(b)(4), title IV, Sec. 406, title IX, Sec. 904(a)(19), Sept. 30,

1992, 106 Stat. 1201, 1245, 1308; Pub. L. 103-82, title IV, Sec.

405(g)(3), Sept. 21, 1993, 107 Stat. 921; Pub. L. 103-171, Sec.

3(a)(13), Dec. 2, 1993, 107 Stat. 1990, related to demonstration

projects.

Another prior section 3035a, Pub. L. 89-73, title IV, Sec. 412,

as added Pub. L. 93-29, title IV, Sec. 401, May 3, 1973, 87 Stat.

47, related to special comprehensive study and demonstration

projects on transportation problems of older Americans, prior to

repeal by Pub. L. 95-478, title I, Sec. 104(b)(3), Oct. 18, 1978,

92 Stat. 1539.

Section 3035b, Pub. L. 89-73, title IV, Sec. 423, as added Pub.

L. 97-115, Sec. 11(a), Dec. 29, 1981, 95 Stat. 1603; amended Pub.

L. 98-459, title IV, Sec. 408, Oct. 9, 1984, 98 Stat. 1784; Pub. L.

100-175, title I, Secs. 105(f), 134(c)(5), 154, 156(d), Nov. 29,

1987, 101 Stat. 930, 941, 951, 955; Pub. L. 102-375, title IV, Sec.

407(a), Sept. 30, 1992, 106 Stat. 1246; Pub. L. 103-171, Sec.

3(a)(13), Dec. 2, 1993, 107 Stat. 1990, related to special projects

in comprehensive long-term care.

Another prior section 3035b, Pub. L. 89-73, title IV, Sec. 421,

as added Pub. L. 95-478, title I, Sec. 104(c)(1)(C), Oct. 18, 1978,

92 Stat. 1539, authorized demonstration projects showing methods of

improving or expanding social services or nutrition services or

otherwise promoting the well-being of older individuals, prior to

the general amendment of this subchapter by Pub. L. 97-115.

Section 3035c, Pub. L. 89-73, title IV, Sec. 424, as added Pub.

L. 97-115, Sec. 11(a), Dec. 29, 1981, 95 Stat. 1604; amended Pub.

L. 98-459, title IV, Sec. 409, Oct. 9, 1984, 98 Stat. 1784; Pub. L.

103-171, Sec. 3(a)(13), Dec. 2, 1993, 107 Stat. 1990, related to

special demonstration and support projects for legal assistance for

older individuals.

Another prior section 3035c, Pub. L. 89-73, title IV, Sec. 422,

as added Pub. L. 95-478, title I, Sec. 104(c)(1)(C), Oct. 18, 1978,

92 Stat. 1541, related to special projects in comprehensive

long-term care, prior to the general amendment of this subchapter

by Pub. L. 97-115.

Section 3035d, Pub. L. 89-73, title IV, Sec. 425, as added Pub.

L. 97-115, Sec. 11(a), Dec. 29, 1981, 95 Stat. 1605; amended Pub.

L. 98-459, title IV, Sec. 410(a), Oct. 9, 1984, 98 Stat. 1785; Pub.

L. 100-175, title I, Sec. 134(c)(6), Nov. 29, 1987, 101 Stat. 941;

Pub. L. 103-171, Sec. 3(a)(13), Dec. 2, 1993, 107 Stat. 1990,

related to national impact activities.

Another prior section 3035d, Pub. L. 89-73, title IV, Sec. 423,

as added Pub. L. 95-478, title I, Sec. 104(c)(1)(C), Oct. 18, 1978,

92 Stat. 1542, related to special demonstration projects on legal

services for older Americans, prior to the general amendment of

this subchapter by Pub. L. 97-115.

Section 3035e, Pub. L. 89-73, title IV, Sec. 426, as added Pub.

L. 97-115, Sec. 11(a), Dec. 29, 1981, 95 Stat. 1605; amended Pub.

L. 98-459, title IV, Sec. 410(b), Oct. 9, 1984, 98 Stat. 1785; Pub.

L. 102-375, title I, Sec. 102(b)(9)(D), Sept. 30, 1992, 106 Stat.

1202, related to utility and home heating cost demonstration

projects.

Another prior section 3035e, Pub. L. 89-73, title IV, Sec. 424,

as added Pub. L. 95-478, title I, Sec. 104(c)(1)(C), Oct. 18, 1978,

92 Stat. 1543, provided for national impact demonstrations, prior

to the general amendment of this subchapter by Pub. L. 97-115.

Section 3035f, Pub. L. 89-73, title IV, Sec. 427, as added Pub.

L. 100-175, title I, Sec. 156(e)(1), Nov. 29, 1987, 101 Stat. 955;

amended Pub. L. 102-375, title IV, Sec. 408, Sept. 30, 1992, 106

Stat. 1249; Pub. L. 103-171, Sec. 3(a)(7), Dec. 2, 1993, 107 Stat.

1990; Pub. L. 106-402, title IV, Sec. 401(b)(9)(B), Oct. 30, 2000,

114 Stat. 1739, related to ombudsman, legal assistance, and

advocacy demonstration projects.

Another prior section 3035f, Pub. L. 89-73, title IV, Sec. 425,

as added Pub. L. 95-478, title I, Sec. 104(c)(1)(C), Oct. 18, 1978,

92 Stat. 1543, provided for utility and home heating cost

demonstration projects, prior to the general amendment of this

subchapter by Pub. L. 97-115.

Section 3035g, Pub. L. 89-73, title IV, Sec. 428, as added Pub.

L. 100-175, title I, Sec. 157(a), Nov. 29, 1987, 101 Stat. 955;

amended Pub. L. 103-171, Sec. 3(a)(13), Dec. 2, 1993, 107 Stat.

1990, related to consumer protection demonstration projects for

services provided in the home.

Another prior section 3035g, Pub. L. 89-73, title IV, Sec. 431,

as added Pub. L. 95-478, title I, Sec. 104(c)(1)(C), Oct. 18, 1978,

92 Stat. 1543, related to mortgage insurance grants for

multipurpose senior centers, prior to the general amendment of this

subchapter by Pub. L. 97-115.

Section 3035h, Pub. L. 89-73, title IV, Sec. 429, as added Pub.

L. 102-375, title IV, Sec. 409, Sept. 30, 1992, 106 Stat. 1249;

amended Pub. L. 103-171, Sec. 3(a)(13), Dec. 2, 1993, 107 Stat.

1990, related to demonstration projects for multigenerational

activities.

Another prior section 3035h, Pub. L. 89-73, title IV, Sec. 432,

as added Pub. L. 95-478, title I, Sec. 104(c)(1)(C), Oct. 18, 1978,

92 Stat. 1545, related to mortgage interest grants for multipurpose

senior centers, prior to the general amendment of this subchapter

by Pub. L. 97-115.

Section 3035i, Pub. L. 89-73, title IV, Sec. 429A, as added Pub.

L. 102-375, title IV, Sec. 410, Sept. 30, 1992, 106 Stat. 1251;

amended Pub. L. 103-171, Sec. 3(a)(11), (13), Dec. 2, 1993, 107

Stat. 1990, related to supportive services in the federally

assisted housing demonstration program.

Section 3035j, Pub. L. 89-73, title IV, Sec. 429B, as added Pub.

L. 102-375, title IV, Sec. 411, Sept. 30, 1992, 106 Stat. 1252;

amended Pub. L. 103-171, Sec. 3(a)(13), Dec. 2, 1993, 107 Stat.

1990, related to the neighborhood senior care program.

Section 3035k, Pub. L. 89-73, title IV, Sec. 429C, as added Pub.

L. 102-375, title IV, Sec. 412, Sept. 30, 1992, 106 Stat. 1253;

amended Pub. L. 103-171, Sec. 3(a)(13), Dec. 2, 1993, 107 Stat.

1990, related to information and assistance systems development

projects.

Section 3035l, Pub. L. 89-73, title IV, Sec. 429D, as added Pub.

L. 102-375, title IV, Sec. 413, Sept. 30, 1992, 106 Stat. 1254;

amended Pub. L. 103-171, Sec. 3(a)(13), Dec. 2, 1993, 107 Stat.

1990, related to senior transportation demonstration program

grants.

Section 3035m, Pub. L. 89-73, title IV, Sec. 429E, as added Pub.

L. 102-375, title IV, Sec. 414, Sept. 30, 1992, 106 Stat. 1256;

amended Pub. L. 103-171, Sec. 3(a)(4), Dec. 2, 1993, 107 Stat.

1990, related to Resource Centers on Native American Elders.

Section 3035n, Pub. L. 89-73, title IV, Sec. 429F, as added Pub.

L. 102-375, title IV, Sec. 415, Sept. 30, 1992, 106 Stat. 1257;

amended Pub. L. 103-171, Sec. 3(a)(13), Dec. 2, 1993, 107 Stat.

1990; Pub. L. 106-402, title IV, Sec. 401(b)(9)(C), Oct. 30, 2000,

114 Stat. 1739, related to demonstration programs for older

individuals with developmental disabilities.

Section 3035o, Pub. L. 89-73, title IV, Sec. 429G, as added Pub.

L. 102-375, title IV, Sec. 416, Sept. 30, 1992, 106 Stat. 1257;

amended Pub. L. 103-171, Secs. 2(17), 3(a)(11), (13), Dec. 2, 1993,

107 Stat. 1989, 1990, related to housing demonstration programs.

Section 3035p, Pub. L. 89-73, title IV, Sec. 429H, as added Pub.

L. 102-375, title IV, Sec. 417, Sept. 30, 1992, 106 Stat. 1260;

amended Pub. L. 103-171, Sec. 3(a)(13), Dec. 2, 1993, 107 Stat.

1990, related to private resource enhancement projects.

Section 3035q, Pub. L. 89-73, title IV, Sec. 429I, as added Pub.

L. 102-375, title IV, Sec. 418, Sept. 30, 1992, 106 Stat. 1261;

amended Pub. L. 103-171, Secs. 2(18), 3(a)(13), Dec. 2, 1993, 107

Stat. 1989, 1990, related to career preparation for the field of

aging.

Section 3035r, Pub. L. 89-73, title IV, Sec. 429J, as added Pub.

L. 102-375, title IV, Sec. 419, Sept. 30, 1992, 106 Stat. 1261;

amended Pub. L. 103-171, Secs. 2(19), 3(a)(13), Dec. 2, 1993, 107

Stat. 1989, 1990, related to pension rights demonstration projects.

A prior section 3036, Pub. L. 89-73, title IV, Sec. 441, formerly

Sec. 421, as added Pub. L. 93-29, title IV, Sec. 401, May 3, 1973,

87 Stat. 48; renumbered and amended Pub. L. 95-478, title I, Sec.

104(c)(1)(B), (d), Oct. 18, 1978, 92 Stat. 1539, 1546, related to

applications for grants for establishment or support of

multidisciplinary centers of gerontology and gerontology centers of

special emphasis, prior to the general amendment of this subchapter

by Pub. L. 97-115.

Section 3037, Pub. L. 89-73, title IV, Sec. 431, as added Pub. L.

97-115, Sec. 11(a), Dec. 29, 1981, 95 Stat. 1605; amended Pub. L.

98-459, title IV, Sec. 411, Oct. 9, 1984, 98 Stat. 1785; Pub. L.

100-175, title I, Secs. 156(e)(2), 157(b)-159, Nov. 29, 1987, 101

Stat. 955, 956; Pub. L. 102-375, title IV, Sec. 420, Sept. 30,

1992, 106 Stat. 1264; Pub. L. 103-171, Sec. 3(a)(13), Dec. 2, 1993,

107 Stat. 1990, authorized appropriations.

Another prior section 3037, Pub. L. 89-73, title IV, Sec. 451,

formerly Sec. 431, as added Pub. L. 93-29, title IV, Sec. 401, May

3, 1973, 87 Stat. 49; amended Pub. L. 94-135, title I, Sec. 112(d),

Nov. 28, 1975, 89 Stat. 720; renumbered Sec. 451 and amended Pub.

L. 95-478, title I, Sec. 104(c)(1)(B), (e)(1), Oct. 18, 1978, 92

Stat. 1539, 1546, authorized appropriation of funds for fiscal

years ending prior to Oct. 1, 1981, and prohibited transfer of

funds to offices not directly responsible to Commissioner or for

research programs or activities not specifically authorized by this

subchapter, prior to the general amendment of this subchapter by

Pub. L. 97-115.

Section 3037a, Pub. L. 89-73, title IV, Sec. 432, as added Pub.

L. 97-115, Sec. 11(a), Dec. 29, 1981, 95 Stat. 1605; amended Pub.

L. 98-459, title IV, Sec. 412, Oct. 9, 1984, 98 Stat. 1785; Pub. L.

102-375, title IV, Sec. 421, Sept. 30, 1992, 106 Stat. 1264; Pub.

L. 103-171, Sec. 3(a)(13), Dec. 2, 1993, 107 Stat. 1990, related to

payments of grants.

Another prior section 3037a, Pub. L. 89-73, title IV, Sec. 452,

formerly Sec. 432, as added Pub. L. 93-29, title IV, Sec. 401, May

3, 1973, 87 Stat. 49; amended Pub. L. 94-135, title I, Sec. 114(f),

Nov. 28, 1975, 89 Stat. 725; renumbered Sec. 452 and amended Pub.

L. 95-478, title I, Sec. 104(c)(1)(B), (e)(2), Oct. 18, 1978, 92

Stat. 1539, 1547, related to payments of grants, prior to the

general revision of this subchapter by Pub. L. 97-115.

Section 3037b, Pub. L. 89-73, title IV, Sec. 433, as added Pub.

L. 98-459, title IV, Sec. 413, Oct. 9, 1984, 98 Stat. 1785; amended

Pub. L. 102-375, title IV, Sec. 422, Sept. 30, 1992, 106 Stat.

1265; Pub. L. 103-171, Sec. 3(a)(12), (13), Dec. 2, 1993, 107 Stat.

1990, related to responsibilities of the Assistant Secretary.

-End-

-CITE-

42 USC SUBCHAPTER V - MULTIPURPOSE SENIOR CENTERS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER V - MULTIPURPOSE SENIOR CENTERS

-HEAD-

SUBCHAPTER V - MULTIPURPOSE SENIOR CENTERS

-End-

-CITE-

42 USC Part A - Acquisition, Alteration, or Renovation of

Multipurpose Senior Centers 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER V - MULTIPURPOSE SENIOR CENTERS

Part A - Acquisition, Alteration, or Renovation of Multipurpose

Senior Centers

-HEAD-

PART A - ACQUISITION, ALTERATION, OR RENOVATION OF MULTIPURPOSE

SENIOR CENTERS

-End-

-CITE-

42 USC Secs. 3041 to 3041f 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER V - MULTIPURPOSE SENIOR CENTERS

Part A - Acquisition, Alteration, or Renovation of Multipurpose

Senior Centers

-HEAD-

Secs. 3041 to 3041f. Repealed. Pub. L. 95-478, title V, Sec.

501(a), Oct. 18, 1978, 92 Stat. 1558

-MISC1-

Section 3041, Pub. L. 89-73, title V, Sec. 501, as added Pub. L.

93-29, title V, Sec. 501, May 3, 1973, 87 Stat. 50, related to

provisions for grants or contracts. See sections 3028 and

3030d(b)(1) of this title.

A prior section 3041, Pub. L. 89-73, title V, Sec. 501, July 14,

1965, 79 Stat. 224; Pub. L. 91-69, Sec. 8, Sept. 17, 1969, 83 Stat.

111, which related to training project grants and contracts,

training programs, studies, preparation and dissemination of

materials, and conferences, was repealed by Pub. L. 93-29, title

IV, Sec. 401, May 3, 1973, 87 Stat. 45.

Section 3041a, Pub. L. 89-73, title V, Sec. 502, as added Pub. L.

93-29, title V, Sec. 501, May 3, 1973, 87 Stat. 50, related to

requirements for approval of applications, preferred areas, and

agency cooperation.

Section 3041b, Pub. L. 89-73, title V Sec. 503, as added Pub. L.

93-29, title V, Sec. 501, May 3, 1973, 87 Stat. 51, provided for

payments, reservation from appropriations amount of grant or

contract, amendments, advances, reimbursement, and installments.

Section 3041c, Pub. L. 89-73, title V, Sec. 504, as added Pub. L.

93-29, title V, Sec. 501, May 3, 1973, 87 Stat. 51, provided for

recapture of payments. See section 3030b of this title.

Section 3041d, Pub. L. 89-73, title V, Sec. 505, as added Pub. L.

93-29, title V, Sec. 501, May 3, 1973, 87 Stat. 51; amended Pub. L.

94-135, title I, Sec. 112(e), Nov. 28, 1975, 89 Stat. 720, provided

for authorization of appropriations. See section 3023 of this

title.

Section 3041e, Pub. L. 89-73, title V, Sec. 506, as added Pub. L.

93-29, title V, Sec. 501, May 3, 1973, 87 Stat. 51, related to

mortgage insurance for Multipurpose Senior Centers.

Section 3041f, Pub. L. 89-73, title V, Sec. 507, as added Pub. L.

93-29, title V, Sec. 501, May 3, 1973, 87 Stat. 54; amended Pub. L.

94-135, title I, Sec. 114(g), Nov. 28, 1975, 89 Stat. 725, related

to annual interest grants.

EFFECTIVE DATE OF REPEAL

Section 501(a) of Pub. L. 95-478 provided that the repeal by that

section is effective at the close of Sept. 30, 1978.

-End-

-CITE-

42 USC Part B - Initial Staffing of Multipurpose Senior

Centers 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER V - MULTIPURPOSE SENIOR CENTERS

Part B - Initial Staffing of Multipurpose Senior Centers

-HEAD-

PART B - INITIAL STAFFING OF MULTIPURPOSE SENIOR CENTERS

-End-

-CITE-

42 USC Sec. 3042 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER V - MULTIPURPOSE SENIOR CENTERS

Part B - Initial Staffing of Multipurpose Senior Centers

-HEAD-

Sec. 3042. Repealed. Pub. L. 95-478, title V, Sec. 501(a), Oct. 18,

1978, 92 Stat. 1558

-MISC1-

Section, Pub. L. 89-73, title V, Sec. 511, as added Pub. L.

93-29, title V, Sec. 501, May 3, 1973, 87 Stat. 54, related to

personnel staffing grant program. See section 3030d(b)(2) of this

title.

A prior section 3042, Pub. L. 89-73, title V, Sec. 502, July 14,

1965, 79 Stat. 225, related to payments of training project grants,

providing in subsec. (a) for contribution by recipients; subsec.

(b) adjustments, advances or reimbursement, installments, and

conditions; and subsec. (c) consultation of Secretary with State

agency prior to making grants or contracts, prior to repeal by Pub.

L. 93-29, title IV, Sec. 401, May 3, 1973, 87 Stat. 45.

A prior section 3043, Pub. L. 89-73, title V, Sec. 503, as added

Pub. L. 90-42, Sec. 6, July 1, 1967, 81 Stat. 108, related to study

of need for trained personnel; and consultations with other

government and private agencies and organizations, prior to repeal

by Pub. L. 93-29, title IV, Sec. 401, May 3, 1973, 87 Stat. 45.

EFFECTIVE DATE OF REPEAL

Section 501(a) of Pub. L. 94-478 provided that the repeal by that

section is effective at the close of Sept. 30, 1978.

-End-

-CITE-

42 USC SUBCHAPTER VI - NATIONAL OLDER AMERICANS VOLUNTEER

PROGRAM 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER VI - NATIONAL OLDER AMERICANS VOLUNTEER PROGRAM

-HEAD-

SUBCHAPTER VI - NATIONAL OLDER AMERICANS VOLUNTEER PROGRAM

-End-

-CITE-

42 USC Secs. 3044 to 3044e 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER VI - NATIONAL OLDER AMERICANS VOLUNTEER PROGRAM

-HEAD-

Secs. 3044 to 3044e. Repealed. Pub. L. 93-113, title VI, Sec.

604(a), Oct. 1, 1973, 87 Stat. 417

-MISC1-

Section 3044, Pub. L. 89-73, title VI, Sec. 601, as added Pub. L.

91-69, Sec. 9, Sept. 17, 1969, 83 Stat. 111; amended Pub. L. 93-29,

title VI, Sec. 601, May 3, 1973, 87 Stat. 55, related to grants and

contracts for volunteer service projects, providing in: subsec. (a)

for approval of programs and rules and regulations; subsec. (b) for

method of payment; subsec. (c) for conditions upon award of grant

or contract, and subsec. (d) for exclusion as income of

compensation to individual volunteers.

Section 3044a, Pub. L. 89-73, title VI, Sec. 603, as added Pub.

L. 91-69, Sec. 9, Sept. 17, 1969, 83 Stat. 112; amended Pub. L.

93-29, title VI, Sec. 602, May 3, 1973, 87 Stat. 55, related to

authorization of appropriations.

Section 3044b, Pub. L. 89-73, title VI, Sec. 611, as added Pub.

L. 91-69, Sec. 9, Sept. 17, 1969, 83 Stat. 112; amended Pub. L.

92-424, Sec. 29(a), Sept. 19, 1972, 86 Stat. 705; Pub. L. 93-29,

title VI, Sec. 603(b), May 3, 1973, 87 Stat. 55, related to grants

and contracts for Foster Grandparent projects and for services as

senior health aides and senior companions, amount of award, method

of payment, and exclusion as income of compensation to individual

volunteers.

Section 3044c, Pub. L. 89-73, title VI, Sec. 612, as added Pub.

L. 91-69, Sec. 9, Sept. 17, 1969, 83 Stat. 113, related to

conditions upon award of grantor contract and defined "community

action agency".

Section 3044d, Pub. L. 89-73, title VI, Sec. 613, as added Pub.

L. 91-69, Sec. 9, Sept. 17, 1969, 83 Stat. 113; amended Pub. L.

93-29, title VI, Sec. 603(c), May 3, 1973, 87 Stat. 55, related to

interagency cooperation.

Section 3044e, Pub. L. 89-73, title VI, Sec. 614, as added Pub.

L. 91-69, Sec. 9, Sept. 17, 1969, 83 Stat. 114; amended Pub. L.

93-29, title VI, Sec. 604, May 3, 1973, 87 Stat. 55, related to

authorization of appropriations.

-End-

-CITE-

42 USC SUBCHAPTER VII - NUTRITION PROGRAM FOR THE ELDERLY 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER VII - NUTRITION PROGRAM FOR THE ELDERLY

-HEAD-

SUBCHAPTER VII - NUTRITION PROGRAM FOR THE ELDERLY

-End-

-CITE-

42 USC Secs. 3045 to 3045i 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER VII - NUTRITION PROGRAM FOR THE ELDERLY

-HEAD-

Secs. 3045 to 3045i. Repealed. Pub. L. 95-478, title V, Sec.

501(a), Oct. 18, 1978, 92 Stat. 1558

-MISC1-

Section 3045, Pub. L. 89-73, title VII, Sec. 701, as added Pub.

L. 92-258, Sec. 2, Mar. 22, 1972, 86 Stat. 88, stated Congressional

findings and declaration of policy.

Section 3045a, Pub. L. 89-73, title VII, Sec. 702, as added Pub.

L. 92-258, Sec. 2, Mar. 22, 1972, 86 Stat. 89; amended Pub. L.

93-29, title VII, Sec. 704(c), May 3, 1973, 87 Stat. 57; Pub. L.

93-644, Sec. 9(a), Jan. 4, 1975, 88 Stat. 2310, related to

administration of program. See section 3021(b) of this title.

Section 3045b, Pub. L. 89-73, title VII, Sec. 703, as added Pub.

L. 92-258, Sec. 2, Mar. 22, 1972, 86 Stat. 90; amended Pub. L.

93-29, title VII, Sec. 704(c), May 3, 1973, 87 Stat. 57; Pub. L.

94-135, title I, Sec. 114(i), (j), Nov. 28, 1975, 89 Stat. 726,

related to allotment of funds. See section 3024 of this title.

Section 3045c, Pub. L. 89-73, title VII, Sec. 704, as added Pub.

L. 92-258, Sec. 2, Mar. 22, 1972, 86 Stat. 91; amended Pub. L.

93-29, title VII, Sec. 704(c), May 3, 1973, 87 Stat. 57, related to

payment of grants. See section 3029(a) of this title.

Section 3045d, Pub. L. 89-73, title VII, Sec. 705, as added Pub.

L. 92-258, Sec. 2, Mar. 22, 1972, 86 Stat. 91; amended Pub. L.

93-29, title VII, Secs. 702-704, May 3, 1973, 87 Stat. 56, 57; Pub.

L. 94-135, title I, Sec. 114(k)-(n), Nov. 28, 1975, 89 Stat. 726,

related to provisions for State plans. See section 3027 of this

title.

Section 3045e, Pub. L. 89-73, title VII, Sec. 706, as added Pub.

L. 92-258, Sec. 2, Mar. 22, 1972, 86 Stat. 93; amended Pub. L.

93-29, title VII, Sec. 704(c), May 3, 1973, 87 Stat. 57; Pub. L.

94-135, title I, Sec. 114(o), (p), Nov. 28, 1975, 89 Stat. 726,

related to nutrition and other program requirements.

Section 3045f, Pub. L. 89-73, title VII, Sec. 707, as added Pub.

L. 92-258, Sec. 2, Mar. 22, 1972, 86 Stat. 94; amended Pub. L.

93-29, title VII, Sec. 701, May 3, 1973, 87 Stat. 56; Pub. L.

93-351, Sec. 5, July 12, 1974, 88 Stat. 358; Pub. L. 94-135, title

I, Sec. 111(a)-(d), (f), Nov. 28, 1975, 89 Stat. 718, 719; Pub. L.

95-65, Sec. 2, July 11, 1977, 91 Stat. 269, related to surplus

commodities. See section 3030a of this title.

Section 3045g, Pub. L. 89-73, title VII, Sec. 708, as added Pub.

L. 92-258, Sec. 2, Mar. 22, 1972, 86 Stat. 94; amended Pub. L.

93-351, Sec. 1, July 12, 1974, 88 Stat. 357; Pub. L. 94-135, title

I, Secs. 111(e), 112(f), Nov. 28, 1975, 89 Stat. 719, 720, provided

for authorization of appropriations. See section 3023 of this

title.

Section 3045h, Pub. L. 89-73, title VII, Sec. 709, as added Pub.

L. 92-258, Sec. 2, Mar. 22, 1972, 86 Stat. 95, concerned with

relationship to other laws. See section 3020a(b) of this title.

Section 3045i, Pub. L. 89-73, title VII, Sec. 710, as added Pub.

L. 92-258, Sec. 2, Mar. 22, 1972, 86 Stat. 95, related to

agreements with profitmaking organizations. See section 3020c of

this title.

EFFECTIVE DATE OF REPEAL

Section 501(a) of Pub. L. 95-478 provided that the repeal by that

section is effective at the close of Sept. 30, 1978.

NUTRITION PROJECTS FOR ELDERLY UNDER PRIOR PROVISIONS, QUALIFIED

UNDER SUCCESSOR PROVISIONS, ELIGIBLE FOR FUNDS UNDER SUCH

PROVISIONS; COMPETITIVE BIDDING; DISCONTINUANCE OF PAYMENTS FOR

INEFFECTIVE ACTIVITIES

Pub. L. 95-478, title V, Sec. 501(b), Oct. 18, 1978, 92 Stat.

1558, as amended by Pub. L. 97-115, Sec. 14(a), Dec. 29, 1981, 95

Stat. 1608; Pub. L. 98-459, title VIII, Sec. 801(b), Oct. 9, 1984,

98 Stat. 1792, provided that: "No contract awarded after September

30, 1982, shall be entered into for the provision of nutrition

services unless such contract has been awarded through a

competitive process. Such process shall include evaluation of each

bidder's experience in providing services to older individuals.

Whenever there is no evidence of improved quality of service and

cost effectiveness on the part of another bidder, a provider of

services who received funds under title VII of the Older Americans

Act of 1965 [former sections 3045 to 3045i of this title] as in

effect on September 29, 1978, shall be given preference."

-End-

-CITE-

42 USC SUBCHAPTER VIII - GENERAL PROVISIONS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER VIII - GENERAL PROVISIONS

-HEAD-

SUBCHAPTER VIII - GENERAL PROVISIONS

-End-

-CITE-

42 USC Secs. 3051 to 3055 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER VIII - GENERAL PROVISIONS

-HEAD-

Secs. 3051 to 3055. Repealed. Pub. L. 93-29, title II, Sec. 202,

May 3, 1973, 87 Stat. 36

-MISC1-

Section 3051, Pub. L. 89-73, title VIII, Sec. 801, formerly title

VI, Sec. 601, July 14, 1965, 79 Stat. 225; Pub. L. 90-42, Sec.

5(c), (d), July 1, 1967, 81 Stat. 107; renumbered title VII, Sec.

701, Pub. L. 91-69, Sec. 9, Sept. 17, 1969, 83 Stat. 111;

renumbered title VIII, Sec. 801, Pub. L. 92-258, Sec. 1, Mar. 22,

1972, 86 Stat. 88, related to advisory committees in general,

providing in: subsec. (a) for establishment of Advisory Committee

on Older Americans, its membership, and term of office; subsec. (b)

for appointment of technical advisory committees; subsec. (c) for

compensation and travel expenses; and subsec. (d) for technical and

clerical assistance for Advisory Committee. See section 3015 of

this title.

Section 3052, Pub. L. 89-73, title VIII, Sec. 802, formerly title

VI, Sec. 602, July 14, 1965, 79 Stat. 226; Pub. L. 90-42, Sec.

5(e), (f), July 1, 1967, 81 Stat. 107, 108; renumbered title VII,

Sec. 702, Pub. L. 91-69, Sec. 9, Sept. 17, 1969, 83 Stat. 111;

renumbered title VIII, Sec. 802, Pub. L. 92-258, Sec. 1, Mar. 22,

1972, 86 Stat. 88, related to administration. See section 3016(a),

(b) of this title.

Section 3053, Pub. L. 89-73, title VIII, Sec. 803, formerly title

VI, Sec. 603, July 14, 1965, 79 Stat. 226; Pub. L. 90-42, Sec. 4,

July 1, 1967, 81 Stat. 107; renumbered title VII, Sec. 703 and

amended Pub. L. 91-69, Secs. 2(b), 9, Sept. 17, 1969, 83 Stat. 108,

111; renumbered title VIII, Sec. 803, Pub. L. 92-258, Sec. 1, Mar.

22, 1972, 86 Stat. 88, related to authorization of appropriations.

Section 3054, Pub. L. 89-73, title VIII, Sec. 804, formerly title

VII, Sec. 704, as added Pub. L. 91-69, Sec. 12, Sept. 17, 1969, 83

Stat. 114; renumbered title VIII, Sec. 804, Pub. L. 92-258, Sec. 1,

Mar. 22, 1972, 86 Stat. 88, related to evaluation of programs. See

section 3017 of this title.

Section 3055, Pub. L. 89-73, title VIII, Sec. 805, formerly title

VII, Sec. 705, as added Pub. L. 91-69, Sec. 13, Sept. 17, 1969, 83

Stat. 114; renumbered title VIII, Sec. 805, Pub. L. 92-258, Sec. 1,

Mar. 22, 1972, 86 Stat. 88, related to joint funding of projects.

See section 3019 of this title.

-End-

-CITE-

42 USC SUBCHAPTER IX - COMMUNITY SERVICE EMPLOYMENT FOR

OLDER AMERICANS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER IX - COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS

-HEAD-

SUBCHAPTER IX - COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS

-COD-

CODIFICATION

Title V of the Older Americans Act of 1965, comprising this

subchapter, was originally enacted as title IX of Pub. L. 89-73 by

Pub. L. 94-135, title I, Sec. 113(a), Nov. 28, 1975, 89 Stat. 720,

and was renumbered title V and amended by Pub. L. 95-478, title I,

Sec. 105, title V, Sec. 503(d), Oct. 18, 1978, 92 Stat. 1547, 1559;

Pub. L. 97-115, Dec. 29, 1981, 95 Stat. 1595; Pub. L. 98-459, Oct.

9, 1984, 98 Stat. 1767; Pub. L. 100-175, Nov. 29, 1987, 101 Stat.

926; Pub. L. 100-628, Nov. 7, 1988, 102 Stat. 3224; Pub. L.

102-375, Sept. 30, 1992, 106 Stat. 1195; Pub. L. 103-171, Dec. 2,

1993, 107 Stat. 1988; Pub. L. 105-220, Aug. 7, 1998, 112 Stat. 936;

Pub. L. 105-277, div. A, Sec. 101(f) [title VIII, Secs. 403(b),

405(d)(33), (f)(25)], Oct. 21, 1998, 112 Stat. 2681-337, 2681-416,

2681-425, 2681-433; Pub. L. 105-332, Oct. 31, 1998, 112 Stat. 3076.

Title V is shown herein, however, as having been added by Pub. L.

106-501, title V, Sec. 501, Nov. 13, 2000, 114 Stat. 2267, without

reference to intervening amendments because of the extensive

revision of the title's provisions by Pub. L. 106-501.

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 1474, 3002, 3011,

3013, 4368a, 6873 of this title; title 20 section 9271; title 29

sections 2822, 2841.

-End-

-CITE-

42 USC Sec. 3056 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER IX - COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS

-HEAD-

Sec. 3056. Older American community service employment program

-STATUTE-

(a) Establishment

(1) In order to foster and promote useful part-time opportunities

in community service activities for unemployed low-income persons

who are 55 years or older and who have poor employment prospects,

and in order to foster individual economic self-sufficiency and to

increase the number of persons who may enjoy the benefits of

unsubsidized employment in both the public and private sectors, the

Secretary of Labor (hereafter in this subchapter referred to as the

"Secretary") is authorized to establish an older American community

service employment program.

(2) Amounts appropriated to carry out this subchapter shall be

used only to carry out the provisions contained in this subchapter.

(b) Authority of Secretary; execution of agreements to further

purposes and goals of program

(1) In order to carry out the provisions of this subchapter, the

Secretary is authorized to enter into agreements, subject to

section 3056l of this title, with State and national public and

private nonprofit agencies and organizations, agencies of a State

government or a political subdivision of a State (having elected or

duly appointed governing officials), or a combination of such

political subdivisions, or tribal organizations in order to further

the purposes and goals of the program. Such agreements may include

provisions for the payment of costs, as provided in subsection (c)

of this section, of projects developed by such organizations and

agencies in cooperation with the Secretary in order to make the

program effective or to supplement the program. No payment shall be

made by the Secretary toward the cost of any project established or

administered by any organization or agency unless the Secretary

determines that such project -

(A) will provide employment only for eligible individuals

except for necessary technical, administrative, and supervisory

personnel, but such personnel shall, to the fullest extent

possible, be recruited from among eligible individuals;

(B)(i) will provide employment for eligible individuals in the

community in which such individuals reside, or in nearby

communities; or

(ii) if such project is carried out by a tribal organization

that enters into an agreement under this subsection or receives

assistance from a State that enters into such an agreement, will

provide employment for such individuals, including those who are

Indians residing on an Indian reservation, as the term is defined

in section 3501(2) of title 25;

(C) will employ eligible individuals in service related to

publicly owned and operated facilities and projects, or projects

sponsored by organizations, other than political parties, exempt

from taxation under the provisions of section 501(c)(3) of title

26, except projects involving the construction, operation, or

maintenance of any facility used or to be used as a place for

sectarian religious instruction or worship;

(D) will contribute to the general welfare of the community;

(E) will provide employment for eligible individuals;

(F)(i) will result in an increase in employment opportunities

over those opportunities which would otherwise be available;

(ii) will not result in the displacement of currently employed

workers (including partial displacement, such as a reduction in

the hours of nonovertime work or wages or employment benefits);

and

(iii) will not impair existing contracts or result in the

substitution of Federal funds for other funds in connection with

work that would otherwise be performed;

(G) will not employ or continue to employ any eligible

individual to perform work the same or substantially the same as

that performed by any other person who is on layoff;

(H) will utilize methods of recruitment and selection

(including participating in a one-stop delivery system as

established under section 134(c) of the Workforce Investment Act

of 1998 (29 U.S.C. 2864(c)) and listing of job vacancies with the

employment agency operated by any State or political subdivision

thereof) which will assure that the maximum number of eligible

individuals will have an opportunity to participate in the

project;

(I) will include such training as may be necessary to make the

most effective use of the skills and talents of those individuals

who are participating, and will provide for the payment of the

reasonable expenses of individuals being trained, including a

reasonable subsistence allowance;

(J) will assure that safe and healthy conditions of work will

be provided, and will assure that persons employed in community

service and other jobs assisted under this subchapter shall be

paid wages which shall not be lower than whichever is the highest

of -

(i) the minimum wage which would be applicable to the

employee under the Fair Labor Standards Act of 1938 [29 U.S.C.

201 et seq.], if section 6(a)(1) of such Act [29 U.S.C.

206(a)(1)] applied to the participant and if the participant

were not exempt under section 13 [29 U.S.C. 213] thereof;

(ii) the State or local minimum wage for the most nearly

comparable covered employment; or

(iii) the prevailing rates of pay for persons employed in

similar public occupations by the same employer;

(K) will be established or administered with the advice of

persons competent in the field of service in which employment is

being provided, and of persons who are knowledgeable with regard

to the needs of older persons;

(L) will authorize pay for necessary transportation costs of

eligible individuals which may be incurred in employment in any

project funded under this subchapter, in accordance with

regulations promulgated by the Secretary;

(M) will assure that, to the extent feasible, such project will

serve the needs of minority, limited English-speaking, and Indian

eligible individuals, and eligible individuals who have the

greatest economic need, at least in proportion to their numbers

in the State and take into consideration their rates of poverty

and unemployment;

(N)(i) will prepare an assessment of the participants' skills

and talents and their needs for services, except to the extent

such project has, for the participant involved, recently prepared

an assessment of such skills and talents, and such needs,

pursuant to another employment or training program (such as a

program under the Workforce Investment Act of 1998 (29 U.S.C.

2801 et seq.), the Carl D. Perkins Vocational and Technical

Education Act of 1998 (20 U.S.C. 2301 et seq.), or part A of

title IV of the Social Security Act (42 U.S.C. 601 et seq.));

(ii) will provide to eligible individuals training and

employment counseling based on strategies that identify

appropriate employment objectives and the need for supportive

services, developed as a result of the assessment and service

strategy provided for in clause (i); and

(iii) will provide counseling to participants on their progress

in meeting such objectives and satisfying their need for

supportive services;

(O) will provide appropriate services for participants through

the one-stop delivery system as established under section 134(c)

of the Workforce Investment Act of 1998 (29 U.S.C. 2864(c)), and

will be involved in the planning and operations of such system

pursuant to a memorandum of understanding with the local

workforce investment board in accordance with section 121(c) of

such Act (29 U.S.C. 2841(c));

(P) will post in such project workplace a notice, and will make

available to each person associated with such project a written

explanation, clarifying the law with respect to allowable and

unallowable political activities under chapter 15 of title 5

applicable to the project and to each category of individuals

associated with such project and containing the address and

telephone number of the Inspector General of the Department of

Labor, to whom questions regarding the application of such

chapter may be addressed;

(Q) will provide to the Secretary the description and

information described in paragraphs (8) and (14) of section

112(b) of the Workforce Investment Act of 1998 [29 U.S.C.

2822(b)(8), (14)]; and

(R) will ensure that entities carrying out activities under the

project, including State offices, local offices, subgrantees,

subcontractors, or other affiliates of such organization or

agency shall receive an amount of the administration cost

allocation that is sufficient for the administrative activities

under the project to be carried out by such State office, local

office, subgrantee, subcontractor, or other affiliate.

(2) The Secretary is authorized to establish, issue, and amend

such regulations as may be necessary to effectively carry out the

provisions of this subchapter.

(3) The Secretary shall develop alternatives for innovative work

modes and provide technical assistance in creating job

opportunities through work sharing and other experimental methods

to labor organizations, groups representing business and industry

and workers as well as to individual employers, where appropriate.

(4)(A) An assessment and service strategy provided for an

eligible individual under this subchapter shall satisfy any

condition for an assessment and service strategy or individual

employment plan for an adult participant under subtitle B of title

I of the Workforce Investment Act of 1998 (29 U.S.C. 2811 et seq.),

in order to determine whether such individual qualifies for

intensive or training services described in section 134(d) of such

Act (29 U.S.C. 2864(d)), in accordance with such Act.

(B) An assessment and service strategy or individual employment

plan provided for an adult participant under subtitle B of title I

of the Workforce Investment Act of 1998 (29 U.S.C. 2811 et seq.)

shall satisfy any condition for an assessment and service strategy

for an eligible individual under this subchapter.

(c) Authority of Secretary; project costs; non-Federal share;

administration costs

(1) The Secretary is authorized to pay a share, but not to exceed

90 percent of the cost of any project which is the subject of an

agreement entered into under subsection (b) of this section, except

that the Secretary is authorized to pay all of the costs of any

such project which is -

(A) an emergency or disaster project; or

(B) a project located in an economically depressed area,

as determined by the Secretary in consultation with the Secretary

of Commerce and the Secretary of Health and Human Services.

(2) The non-Federal share shall be in cash or in kind. In

determining the amount of the non-Federal share, the Secretary is

authorized to attribute fair market value to services and

facilities contributed from non-Federal sources.

(3) Of the amount for any project to be paid by the Secretary

under this subsection, not more than 13.5 percent for any fiscal

year shall be available for paying the costs of administration for

such project, except that -

(A) whenever the Secretary determines that it is necessary to

carry out the project assisted under this subchapter, based on

information submitted by the grantee with which the Secretary has

an agreement under subsection (b) of this section, the Secretary

may increase the amount available for paying the cost of

administration to an amount not more than 15 percent of the cost

of such project; and

(B) whenever the grantee with which the Secretary has an

agreement under subsection (b) of this section demonstrates to

the Secretary that -

(i) major administrative cost increases are being incurred in

necessary program components, including liability insurance,

payments for workers' compensation, costs associated with

achieving unsubsidized placement goals, and other operation

requirements imposed by the Secretary;

(ii) the number of employment positions in the project or the

number of minority eligible individuals participating in the

project will decline if the amount available for paying the

cost of administration is not increased; or

(iii) the size of the project is so small that the amount of

administrative expenses incurred to carry out the project

necessarily exceeds 13.5 percent of the amount for such

project,

the Secretary shall increase the amount available for the fiscal

year for paying the cost of administration to an amount not more

than 15 percent of the cost of such project.

(4) The costs of administration are the costs, both personnel and

non-personnel and both direct and indirect, associated with the

following:

(A) The costs of performing overall general administrative

functions and providing for the coordination of functions, such

as -

(i) accounting, budgeting, financial, and cash management

functions;

(ii) procurement and purchasing functions;

(iii) property management functions;

(iv) personnel management functions;

(v) payroll functions;

(vi) coordinating the resolution of findings arising from

audits, reviews, investigations, and incident reports;

(vii) audit functions;

(viii) general legal services functions; and

(ix) developing systems and procedures, including information

systems, required for these administrative functions.

(B) The costs of performing oversight and monitoring

responsibilities related to administrative functions.

(C) The costs of goods and services required for administrative

functions of the program, including goods and services such as

rental or purchase of equipment, utilities, office supplies,

postage, and rental and maintenance of office space.

(D) The travel costs incurred for official business in carrying

out administrative activities or overall management.

(E) The costs of information systems related to administrative

functions (for example, personnel, procurement, purchasing,

property management, accounting, and payroll systems) including

the purchase, systems development, and operating costs of such

systems.

(5) To the extent practicable, an entity that carries out a

project under this subchapter shall provide for the payment of the

expenses described in paragraph (4) from non-Federal sources.

(6)(A) Amounts made available for a project under this subchapter

that are not used to pay for the cost of administration shall be

used to pay for the costs of programmatic activities, including -

(i) enrollee wages and fringe benefits (including physical

examinations);

(ii) enrollee training, which may be provided prior to or

subsequent to placement, including the payment of reasonable

costs of instructors, classroom rental, training supplies,

materials, equipment, and tuition, and which may be provided on

the job, in a classroom setting, or pursuant to other appropriate

arrangements;

(iii) job placement assistance, including job development and

job search assistance;

(iv) enrollee supportive services to assist an enrollee to

successfully participate in a project under this subchapter,

including the payment of reasonable costs of transportation,

health care and medical services, special job-related or personal

counseling, incidentals (such as work shoes, badges, uniforms,

eyeglasses, and tools), child and adult care, temporary shelter,

and followup services; and

(v) outreach, recruitment and selection, intake, orientation,

and assessments.

(B) Not less than 75 percent of the funds made available through

a grant made under this subchapter shall be used to pay wages and

benefits for older individuals who are employed under projects

carried out under this subchapter.

(d) Project and program review

Whenever a grantee conducts a project within a planning and

service area in a State, such grantee shall conduct such project in

consultation with the area agency on aging of the planning and

service area and shall submit to the State agency and the area

agency on aging a description of such project to be conducted in

the State, including the location of the project, 90 days prior to

undertaking the project, for review and public comment according to

guidelines the Secretary shall issue to assure efficient and

effective coordination of programs under this subchapter.

(e) Second career training and job placement projects; equitable

geographic distribution; project criteria

(1) The Secretary, in addition to any other authority contained

in this subchapter, shall conduct projects designed to assure

second career training and the placement of eligible individuals in

employment opportunities with private business concerns. The

Secretary shall enter into such agreements with States, public

agencies, nonprofit private organizations, and private business

concerns as may be necessary, to conduct the projects authorized by

this subsection to assure that placement and training. The

Secretary, from amounts reserved under section 3056d(a)(1) of this

title in any fiscal year, may pay all of the costs of any

agreements entered into under the provisions of this subsection.

The Secretary shall, to the extent feasible, assure equitable

geographic distribution of projects authorized by this subsection.

(2) The Secretary shall issue, and amend from time to time,

criteria designed to assure that agreements entered into under

paragraph (1) of this subsection -

(A) will involve different kinds of work modes, such as

flex-time, job sharing, and other arrangements relating to

reduced physical exertion;

(B) will emphasize projects involving second careers and job

placement and give consideration to placement in growth

industries in jobs reflecting new technological skills; and

(C) require the coordination of projects carried out under such

agreements, with the programs carried out under title I of the

Workforce Investment Act of 1998 [29 U.S.C. 2801 et seq.].

(f) Evaluations

The Secretary shall, on a regular basis, carry out evaluations of

the activities authorized under this subchapter, which may include

but are not limited to projects described in subsection (e) of this

section.

-SOURCE-

(Pub. L. 89-73, title V, Sec. 502, as added Pub. L. 106-501, title

V, Sec. 501, Nov. 13, 2000, 114 Stat. 2267.)

-REFTEXT-

REFERENCES IN TEXT

The Fair Labor Standards Act of 1938, referred to in subsec.

(b)(1)(J)(i), is act June 25, 1938, ch. 676, 52 Stat. 1060, as

amended, which is classified generally to chapter 8 (Sec. 201 et

seq.) of Title 29, Labor. For complete classification of this Act

to the Code, see section 201 of Title 29 and Tables.

The Workforce Investment Act of 1998, referred to in subsecs.

(b)(1)(N)(i), (4) and (e)(2)(C), is Pub. L. 105-220, Aug. 7, 1998,

112 Stat. 936, as amended. Title I of the Act is classified

principally to chapter 30 (Sec. 2801 et seq.) of Title 29, Labor.

Subtitle B of title I of the Act is classified generally to

subchapter II (Sec. 2811 et seq.) of chapter 30 of Title 29. For

complete classification of this Act to the Code, see Short Title

note set out under section 9201 of Title 20, Education, and Tables.

The Carl D. Perkins Vocational and Technical Education Act of

1998, referred to in subsec. (b)(1)(N)(i), is Pub. L. 88-210, Dec.

18, 1963, 77 Stat. 403, as amended, which is classified generally

to chapter 44 (Sec. 2301 et seq.) of Title 20, Education. For

complete classification of this Act to the Code, see Short Title

note set out under section 2301 of Title 20 and Tables.

The Social Security Act, referred to in subsec. (b)(1)(N)(i), is

act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Part A of

title IV of the Act is classified generally to part A (Sec. 601 et

seq.) of subchapter IV of chapter 7 of this title. For complete

classification of this Act to the Code, see section 1305 of this

title and Tables.

-MISC1-

PRIOR PROVISIONS

A prior section 3056, Pub. L. 89-73, title V, Sec. 502, formerly

title IX, Sec. 902, as added Pub. L. 94-135, title I, Sec. 113(a),

Nov. 28, 1975, 89 Stat. 720; renumbered title V, Sec. 502, and

amended Pub. L. 95-478, title I, Sec. 105(a), (b), Oct. 18, 1978,

92 Stat. 1547; Pub. L. 97-115, Sec. 12(a)(1), (2), (b)(1), (c),

Dec. 29, 1981, 95 Stat. 1606; Pub. L. 98-459, title V, Sec. 501,

Oct. 9, 1984, 98 Stat. 1786; Pub. L. 100-175, title I, Secs. 161,

162(a), Nov. 29, 1987, 101 Stat. 957; Pub. L. 102-375, title V,

Secs. 501, 504(c)(1), (2), title IX, Sec. 904(b)(1), Sept. 30,

1992, 106 Stat. 1265, 1269, 1309; Pub. L. 105-220, title III, Sec.

323, Aug. 7, 1998, 112 Stat. 1087; Pub. L. 105-277, div. A, Sec.

101(f) [title VIII, Secs. 403(b), 405(d)(33)(B), (f)(25)(B)], Oct.

21, 1998, 112 Stat. 2681-337, 2681-416, 2681-426, 2681-433; Pub. L.

105-332, Sec. 3(i)(1), Oct. 31, 1998, 112 Stat. 3126, related to

the older American community service employment program, prior to

the general amendment of this subchapter by Pub. L. 106-501.

Another prior section 502 of Pub. L. 89-73, title V, as added

Pub. L. 93-29, title V, Sec. 501, May 3, 1973, 87 Stat. 50, related

to requirements for approval of applications, preferred areas, and

agency application and was classified to section 3041a of this

title, prior to repeal by Pub. L. 95-478, title V, Sec. 501(a),

Oct. 18, 1978, 92 Stat. 1558.

SHORT TITLE

For short title of this subchapter as the "Older American

Community Service Employment Act", see section 501 of Pub. L.

89-73, set out as a note under section 3001 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3056d, 3056l of this

title.

-End-

-CITE-

42 USC Sec. 3056a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER IX - COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS

-HEAD-

Sec. 3056a. Administration

-STATUTE-

(a) State Senior Employment Services Coordination Plan

(1) Governor submits plan

The Governor of each State shall submit annually to the

Secretary a State Senior Employment Services Coordination Plan,

containing such provisions as the Secretary may require,

consistent with the provisions of this subchapter, including a

description of the process used to ensure the participation of

individuals described in paragraph (2).

(2) Recommendations

In developing the State plan prior to its submission to the

Secretary, the Governor shall obtain the advice and

recommendations of -

(A) individuals representing the State and area agencies on

aging in the State, and the State and local workforce

investment boards established under title I of the Workforce

Investment Act of 1998 (29 U.S.C. 2801 et seq.);

(B) individuals representing public and private nonprofit

agencies and organizations providing employment services,

including each grantee operating a project under this

subchapter in the State; and

(C) individuals representing social service organizations

providing services to older individuals, grantees under

subchapter III of this chapter, affected communities,

underserved older individuals, community-based organizations

serving the needs of older individuals, business organizations,

and labor organizations.

(3) Comments

Any State plan submitted by a Governor in accordance with

paragraph (1) shall be accompanied by copies of public comments

relating to the plan received pursuant to paragraph (4) and a

summary thereof.

(4) Plan provisions

The State Senior Employment Services Coordination Plan shall

identify and address -

(A) the relationship that the number of eligible individuals

in each area bears to the total number of eligible individuals,

respectively, in that State;

(B) the relative distribution of individuals residing in

rural and urban areas within the State;

(C) the relative distribution of -

(i) eligible individuals who are individuals with greatest

economic need;

(ii) eligible individuals who are minority individuals; and

(iii) eligible individuals who are individuals with

greatest social need;

(D) consideration of the employment situations and the type

of skills possessed by local eligible individuals;

(E) the localities and populations for which community

service projects of the type authorized by this subchapter are

most needed; and

(F) plans for facilitating the coordination of activities of

grantees in the State under this subchapter with activities

carried out in the State under title I of the Workforce

Investment Act of 1998 [29 U.S.C. 2801 et seq.].

(5) Governor's recommendations on grant proposals

Prior to the submission to the Secretary of any proposal for a

grant under this subchapter for any fiscal year, the Governor of

each State in which projects are proposed to be conducted under

such grant shall be afforded a reasonable opportunity to submit

recommendations to the Secretary -

(A) regarding the anticipated effect of each such proposal

upon the overall distribution of enrollment positions under

this subchapter within the State (including such distribution

among urban and rural areas), taking into account the total

number of positions to be provided by all grantees within the

State;

(B) any recommendations for redistribution of positions to

underserved areas as vacancies occur in previously encumbered

positions in other areas; and

(C) in the case of any increase in funding that may be

available for use within the State under this subchapter for

any fiscal year, any recommendations for distribution of newly

available positions in excess of those available during the

preceding year to underserved areas.

(6) Disruptions

In developing plans and considering recommendations under this

subsection, disruptions in the provision of community service

employment opportunities for current enrollees shall be avoided,

to the greatest possible extent.

(7) Determination; review

(A) Determination

In order to effectively carry out the provisions of this

subchapter, each State shall make available for public comment

its senior employment services coordination plan. The

Secretary, in consultation with the Assistant Secretary, shall

review the plan and public comments received on the plan, and

make a written determination with findings and a decision

regarding the plan.

(B) Review

The Secretary may review on the Secretary's own initiative or

at the request of any public or private agency or organization,

or an agency of the State government, the distribution of

projects and services under this subchapter within the State

including the distribution between urban and rural areas within

the State. For each proposed reallocation of projects or

services within a State, the Secretary shall give notice and

opportunity for public comment.

(8) Exemption

The grantees serving older American Indians under section

3056d(a)(3) of this title will not be required to participate in

the State planning processes described in this section but will

collaborate with the Secretary to develop a plan for projects and

services to older American Indians.

(b) Coordination of program with other Federal programs

(1) The Secretary of Labor and the Assistant Secretary shall

coordinate the programs under this subchapter and the programs

under other subchapters of this chapter to increase job

opportunities available to older individuals.

(2) The Secretary shall coordinate the program assisted under

this subchapter with programs authorized under the Workforce

Investment Act of 1998, the Community Services Block Grant Act [42

U.S.C. 9901 et seq.], the Rehabilitation Act of 1973 (as amended by

the Rehabilitation Act Amendments of 1998 (29 U.S.C. 701 et seq.)),

the Carl D. Perkins Vocational and Technical Education Act of 1998

(20 U.S.C. 2301 et seq.), the National and Community Service Act of

1990 (42 U.S.C. 12501 et seq.), and the Domestic Volunteer Service

Act of 1973 (42 U.S.C. 4950 et seq.). The Secretary shall

coordinate the administration of this subchapter with the

administration of other subchapters of this chapter by the

Assistant Secretary to increase the likelihood that eligible

individuals for whom employment opportunities under this subchapter

are available and who need services under such subchapters receive

such services. Appropriations under this subchapter shall not be

used to carry out any program under the Workforce Investment Act of

1998, the Community Services Block Grant Act, the Rehabilitation

Act of 1973 (as amended by the Rehabilitation Act Amendments of

1998), the Carl D. Perkins Vocational and Technical Education Act

of 1998, the National and Community Service Act of 1990, or the

Domestic Volunteer Service Act of 1973. The preceding sentence

shall not be construed to prohibit carrying out projects under this

subchapter jointly with programs, projects, or activities under any

Act specified in such sentence, or from carrying out section 3056j

of this title.

(3) The Secretary shall distribute to grantees under this

subchapter, for distribution to program enrollees, and at no cost

to grantees or enrollees, informational materials developed and

supplied by the Equal Employment Opportunity Commission and other

appropriate Federal agencies which the Secretary determines are

designed to help enrollees identify age discrimination and

understand their rights under the Age Discrimination in Employment

Act of 1967 [29 U.S.C. 621 et seq.].

(c) Use of services, equipment, personnel, and facilities of other

agencies

In carrying out the provisions of this subchapter, the Secretary

is authorized to use, with their consent, the services, equipment,

personnel, and facilities of Federal and other agencies with or

without reimbursement, and on a similar basis to cooperate with

other public and private agencies and instrumentalities in the use

of services, equipment, and facilities.

(d) Payments

Payments under this subchapter may be made in advance or by way

of reimbursement and in such installments as the Secretary may

determine.

(e) Delegation of functions prohibited

The Secretary shall not delegate any function of the Secretary

under this subchapter to any other department or agency of the

Federal Government.

(f) Monitoring, compliance, reports, and records

(1) The Secretary shall monitor projects receiving financial

assistance under this subchapter to determine whether the grantees

are complying with the provisions of and regulations issued under

this subchapter, including compliance with the statewide planning,

consultation, and coordination provisions under this subchapter.

(2) Each grantee receiving funds under this subchapter shall

comply with the applicable uniform cost principles and appropriate

administrative requirements for grants and contracts that are

applicable to the type of entity receiving funds, as issued as

circulars or rules of the Office of Management and Budget.

(3) Each grantee described in paragraph (2) shall prepare and

submit a report in such manner and containing such information as

the Secretary may require regarding activities carried out under

this subchapter.

(4) Each grantee described in paragraph (2) shall keep records

that -

(A) are sufficient to permit the preparation of reports

required pursuant to this subchapter;

(B) are sufficient to permit the tracing of funds to a level of

expenditure adequate to ensure that the funds have not been spent

unlawfully; and

(C) contain any other information that the Secretary determines

to be appropriate.

(g) Evaluations and reports to Congress

The Secretary shall establish by regulation and implement a

process to evaluate the performance of projects and services,

pursuant to section 3056k of this title, carried out under this

subchapter. The Secretary shall report to Congress and make

available to the public the results of each such evaluation and use

such evaluation to improve services delivered, or the operation of

projects carried out under this subchapter.

-SOURCE-

(Pub. L. 89-73, title V, Sec. 503, as added Pub. L. 106-501, title

V, Sec. 501, Nov. 13, 2000, 114 Stat. 2272.)

-REFTEXT-

REFERENCES IN TEXT

The Workforce Investment Act of 1998, referred to in subsecs.

(a)(2)(A), (4)(F) and (b)(2), is Pub. L. 105-220, Aug. 7, 1998, 112

Stat. 936, as amended. Title I of the Act is classified principally

to chapter 30 (Sec. 2801 et seq.) of Title 29, Labor. For complete

classification of this Act to the Code, see Short Title note set

out under section 9201 of Title 20, Education, and Tables.

The Community Services Block Grant Act, referred to in subsec.

(b)(2), is subtitle B (Sec. 671 et seq.) of title VI of Pub. L.

97-35, Secs. 671 to 683, Aug. 13, 1981, 95 Stat. 511, as amended,

which is classified generally to chapter 106 (Sec. 9901 et seq.) of

this title. For complete classification of this Act to the Code,

see Short Title note set out under section 9901 of this title and

Tables.

The Rehabilitation Act of 1973 (as amended by the Rehabilitation

Act Amendments of 1998), referred to in subsec. (b)(2), is Pub. L.

93-112, Sept. 26, 1973, 87 Stat. 355, as amended by Pub. L.

105-220, title IV, Aug. 7, 1998, 112 Stat. 1092, which is

classified generally to chapter 16 (Sec. 701 et seq.) of Title 29,

Labor. For complete classification of this Act to the Code, see

Short Title note set out under section 701 of Title 29 and Tables.

The Carl D. Perkins Vocational and Technical Education Act of

1998, referred to in subsec. (b)(2), is Pub. L. 88-210, Dec. 18,

1963, 77 Stat. 403, as amended, which is classified generally to

chapter 44 (Sec. 2301 et seq.) of Title 20, Education. For complete

classification of this Act to the Code, see Short Title note set

out under section 2301 of Title 20 and Tables.

The National and Community Service Act of 1990, referred to in

subsec. (b)(2), is Pub. L. 101-610, Nov. 16, 1990, 104 Stat. 3127,

as amended, which is classified principally to chapter 129 (Sec.

12501 et seq.) of this title. For complete classification of this

Act to the Code, see Short Title note set out under section 12501

of this title and Tables.

The Domestic Volunteer Service Act of 1973, referred to in

subsec. (b)(2), is Pub. L. 93-113, Oct. 1, 1973, 87 Stat. 394, as

amended, which is classified principally to chapter 66 (Sec. 4950

et seq.) of this title. For complete classification of this Act to

the Code, see Short Title note set out under section 4950 of this

title and Tables

The Age Discrimination in Employment Act of 1967, referred to in

subsec. (b)(3), is Pub. L. 90-202, Dec. 15, 1967, 81 Stat. 602, as

amended, which is classified generally to chapter 14 (Sec. 621 et

seq.) of Title 29, Labor. For complete classification of this Act

to the Code, see Short Title note set out under section 621 of

Title 29 and Tables.

-MISC1-

PRIOR PROVISIONS

A prior section 3056a, Pub. L. 89-73, title V, Sec. 503, formerly

title IX, Sec. 903, as added Pub. L. 94-135, title I, Sec. 113(a),

Nov. 28, 1975, 89 Stat. 722; renumbered title V, Sec. 503, and

amended Pub. L. 95-478, title I, Sec. 105(a), (c)(1), (3), Oct. 18,

1978, 92 Stat. 1547, 1548; Pub. L. 97-115, Sec. 12(d), Dec. 29,

1981, 95 Stat. 1607; Pub. L. 98-459, title V, Sec. 502, Oct. 9,

1984, 98 Stat. 1786; Pub. L. 100-175, title I, Sec. 163, Nov. 29,

1987, 101 Stat. 958; Pub. L. 102-375, title I, Sec. 102(b)(1)(B),

(9)(E), title V, Sec. 502, Sept. 30, 1992, 106 Stat. 1201, 1202,

1266; Pub. L. 103-171, Secs. 3(a)(8), 4(a)(3), Dec. 2, 1993, 107

Stat. 1990, 1991; Pub. L. 105-277, div. A, Sec. 101(f) [title VIII,

Sec. 405(d)(33)(C), (f)(25)(C)], Oct. 21, 1998, 112 Stat. 2681-337,

2681-426, 2681-433, related to administration of community service

projects, prior to the general amendment of this subchapter by Pub.

L. 106-501.

Another prior section 503 of Pub. L. 89-73 was classified to

section 3041b of this title, prior to repeal by Pub. L. 95-478.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3056e, 3056f of this

title.

-End-

-CITE-

42 USC Sec. 3056b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER IX - COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS

-HEAD-

Sec. 3056b. Participants not Federal employees

-STATUTE-

(a) Eligible individuals who are employed in any project funded

under this subchapter shall not be considered to be Federal

employees as a result of such employment and shall not be subject

to the provisions of part III of title 5.

(b) No contract shall be entered into under this subchapter with

a contractor who is, or whose employees are, under State law,

exempted from operation of the State workmen's compensation law,

generally applicable to employees, unless the contractor shall

undertake to provide either through insurance by a recognized

carrier or by self-insurance, as authorized by State law, that the

persons employed under the contract shall enjoy workmen's

compensation coverage equal to that provided by law for covered

employment.

-SOURCE-

(Pub. L. 89-73, title V, Sec. 504, as added Pub. L. 106-501, title

V, Sec. 501, Nov. 13, 2000, 114 Stat. 2276.)

-MISC1-

PRIOR PROVISIONS

A prior section 3056b, Pub. L. 89-73, title V, Sec. 504, formerly

title IX, Sec. 904, as added Pub. L. 94-135, title I, Sec. 113(a),

Nov. 28, 1975, 89 Stat. 723; renumbered title V, Sec. 504, and

amended Pub. L. 95-478, title I, Sec. 105(a), title V, Sec. 503(d),

Oct. 18, 1978, 92 Stat. 1547, 1559, related to participants not

having status as Federal employees and contractual requirement of

workmen's compensation, prior to the general amendment of this

subchapter by Pub. L. 106-501.

Another prior section 504 of Pub. L. 89-73 was classified to

section 3041c of this title, prior to repeal by Pub. L. 95-478.

-End-

-CITE-

42 USC Sec. 3056c 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER IX - COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS

-HEAD-

Sec. 3056c. Interagency cooperation

-STATUTE-

(a) Assistant Secretary for Aging

The Secretary shall consult with, and obtain the written views

of, the Assistant Secretary for Aging in the Department of Health

and Human Services prior to the establishment of rules or the

establishment of general policy in the administration of this

subchapter.

(b) Director of Office of Community Services; Secretary of Health

and Human Services; other Federal agencies

The Secretary shall consult and cooperate with the Director of

the Office of Community Services, the Secretary of Health and Human

Services, and the heads of other Federal agencies carrying out

related programs, in order to achieve optimal coordination with

such other programs. In carrying out the provisions of this

section, the Secretary shall promote programs or projects of a

similar nature. Each Federal agency shall cooperate with the

Secretary in disseminating information relating to the availability

of assistance under this subchapter and in promoting the

identification and interests of individuals eligible for employment

in projects assisted under this subchapter.

(c) Secretary of Education

(1) The Secretary shall promote and coordinate carrying out

projects under this subchapter jointly with programs, projects, or

activities under other Acts, especially activities provided under

the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.),

including activities provided through one-stop delivery systems

established under section 134(c) of such Act (29 U.S.C. 2864(c)),

that provide training and employment opportunities to eligible

individuals.

(2) The Secretary shall consult with the Secretary of Education

to promote and coordinate carrying out projects under this

subchapter jointly with workforce investment activities in which

eligible individuals may participate that are carried out under the

Carl D. Perkins Vocational and Technical Education Act of 1998 [20

U.S.C. 2301 et seq.].

-SOURCE-

(Pub. L. 89-73, title V, Sec. 505, as added Pub. L. 106-501, title

V, Sec. 501, Nov. 13, 2000, 114 Stat. 2276.)

-REFTEXT-

REFERENCES IN TEXT

The Workforce Investment Act of 1998, referred to in subsec.

(c)(1), is Pub. L. 105-220, Aug. 7, 1998, 112 Stat. 936, as

amended. For complete classification of this Act to the Code, see

Short Title note set out under section 9201 of Title 20, Education,

and Tables.

The Carl D. Perkins Vocational and Technical Education Act of

1998, referred to in subsec. (c)(2), is Pub. L. 88-210, Dec. 18,

1963, 77 Stat. 403, as amended, which is classified generally to

chapter 44 (Sec. 2301 et seq.) of Title 20, Education. For complete

classification of this Act to the Code, see Short Title note set

out under section 2301 of Title 20 and Tables.

-MISC1-

PRIOR PROVISIONS

A prior section 3056c, Pub. L. 89-73, title V, Sec. 505, formerly

title IX, Sec. 905, as added Pub. L. 94-135, title I, Sec. 113(a),

Nov. 28, 1975, 89 Stat. 723; renumbered title V, Sec. 505, and

amended Pub. L. 95-478, title I, Sec. 105(a), (d), Oct. 18, 1978,

92 Stat. 1547, 1548; Pub. L. 97-115, Sec. 12(b)(2), Dec. 29, 1981,

95 Stat. 1606; Pub. L. 102-375, title V, Sec. 503, Sept. 30, 1992,

106 Stat. 1267; Pub. L. 103-171, Sec. 3(a)(8), Dec. 2, 1993, 107

Stat. 1990; Pub. L. 105-332, Sec. 3(i)(2), Oct. 31, 1998, 112 Stat.

3126, related to interagency cooperation, prior to the general

amendment of this subchapter by Pub. L. 106-501.

Another prior section 505 of Pub. L. 89-73 was classified to

section 3041d of this title, prior to repeal by Pub. L. 95-478.

-End-

-CITE-

42 USC Sec. 3056d 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER IX - COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS

-HEAD-

Sec. 3056d. Distribution of assistance

-STATUTE-

(a) Reservations

(1) Reservation for private employment projects

From sums appropriated under this subchapter for each fiscal

year, the Secretary shall first reserve not more than 1.5 percent

of the total amount of such sums for the purpose of entering into

agreements under section 3056(e) of this title, relating to

improved transition to private employment.

(2) Reservation for territories

From sums appropriated under this subchapter for each fiscal

year, the Secretary shall reserve 0.75 percent of the total

amount of such sums, of which -

(A) Guam, American Samoa, and the United States Virgin

Islands shall each receive 30 percent; and

(B) the Commonwealth of the Northern Mariana Islands shall

receive 10 percent.

(3) Reservation for organizations

The Secretary shall reserve such sums as may be necessary for

national grants with public or nonprofit national Indian aging

organizations with the ability to provide employment services to

older Indians and with national public or nonprofit Pacific

Island and Asian American aging organizations with the ability to

provide employment to older Pacific Island and Asian Americans.

(b) State allotments

The allotment for each State shall be the sum of the amounts

allotted for national grants in such State under subsection (d) of

this section and for the grant to such State under subsection (e)

of this section.

(c) Division between national grants and grants to States

From the sums appropriated to carry out this subchapter for any

fiscal year that remain after amounts are reserved under paragraphs

(1), (2), and (3) of subsection (a) of this section, the Secretary

shall divide the remainder between national grants and grants to

States, as follows:

(1) Reservation of funds for fiscal year 2000 level of activities

The Secretary shall reserve the amounts necessary to maintain

the fiscal year 2000 level of activities supported by public and

private nonprofit agency and organization grantees that operate

under this subchapter under national grants from the Secretary,

and the fiscal year 2000 level of activities supported by State

grantees under this subchapter, in proportion to their respective

fiscal year 2000 levels of activities. In any fiscal year for

which the appropriations are insufficient to provide the full

amounts so required, then such amounts shall be reduced

proportionally.

(2) Funding in excess of fiscal year 2000 level of activities

(A) Up to $35,000,000

From the amounts remaining after the application of paragraph

(1), the portion of such remaining amounts up to the sum of

$35,000,000 shall be divided so that 75 percent shall be

provided to State grantees and 25 percent shall be provided to

public and private nonprofit agency and organization grantees

that operate under this subchapter under national grants from

the Secretary.

(B) Over $35,000,000

Any amounts remaining after the application of subparagraph

(A) shall be divided so that 50 percent shall be provided to

State grantees and 50 percent shall be provided to public and

private nonprofit agency and organization grantees that operate

under this subchapter under national grants from the Secretary.

(d) Allotments for national grants

From the sums provided for national grants under subsection (c)

of this section, the Secretary shall allot for public and private

nonprofit agency and organization grantees that operate under this

subchapter under national grants from the Secretary in each State,

an amount that bears the same ratio to such sums as the product of

the number of persons aged 55 or over in the State and the

allotment percentage of such State bears to the sum of the

corresponding product for all States, except as follows:

(1) Minimum allotment

No State shall be provided an amount under this subsection that

is less than 1/2 of 1 percent of the amount provided under

subsection (c) of this section for public and private nonprofit

agency and organization grantees that operate under this

subchapter under national grants from the Secretary in all of the

States.

(2) Hold harmless

If the amount provided under subsection (c) of this section is

-

(A) equal to or less than the amount necessary to maintain

the fiscal year 2000 level of activities, allotments for public

and private nonprofit agency and organization grantees that

operate under this subchapter under national grants from the

Secretary in each State shall be proportional to 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 fiscal year 2000 level of

activities for public and private nonprofit agency and

organization grantees that operate under this subchapter under

national grants from the Secretary in the State that is less

than 30 percent of such percentage increase above the fiscal

year 2000 level of activities for public and private nonprofit

agency and organization grantees that operate under this

subchapter under national grants from the Secretary in all of

the States.

(3) Reduction

Allotments for States not affected by paragraphs (1) and (2)(B)

of this subsection shall be reduced proportionally to satisfy the

conditions in such paragraphs.

(e) Allotments for grants to States

From the sums provided for grants to States under subsection (c)

of this section, the Secretary shall allot for the State grantee in

each State an amount that bears the same ratio to such sums as the

product of the number of persons aged 55 or over in the State and

the allotment percentage of such State bears to the sum of the

corresponding product for all States, except as follows:

(1) Minimum allotment

No State shall be provided an amount under this subsection that

is less than 1/2 of 1 percent of the amount provided under

subsection (c) of this section for State grantees in all of the

States.

(2) Hold harmless

If the amount provided under subsection (c) of this section 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 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 fiscal year 2000 level of

activities for State grantees in the State that is less than 30

percent of such percentage increase above 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)

of this subsection shall be reduced proportionally to satisfy the

conditions in such paragraphs.

(f) Allotment percentage

For the purposes of subsections (d) and (e) of this section -

(1) the allotment percentage of each State shall be 100 percent

less that percentage which 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 in no case 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 shall be 75 percent;

(2) the number of persons aged 55 or over 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

206(a)(1) of title 29, 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), for the purpose of covering Federal

payments for fringe benefits; and

(C) an amount determined by the Secretary, for the purpose of

covering Federal payments for the remainder of all other

program 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 private nonprofit agency and

organization grantees that operate under this subchapter under

national grants from the Secretary, their level of activities

for fiscal year 2000, or the amount remaining after the

application of section 3056l(e) of this title; and

(B) with respect to State grantees, their level of activities

for fiscal year 2000, or the amount remaining after the

application of section 3056l(f) of this title.

(3) Grants to States

The term "grants to States" means grants under this subchapter

to the States from the Secretary.

(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 to public and private

nonprofit agency and organization grantees that operate under

this subchapter under national grants from the Secretary.

(6) State

The term "State" does not include Guam, American Samoa, the

Commonwealth of the Northern Mariana Islands, and the United

States Virgin Islands.

-SOURCE-

(Pub. L. 89-73, title V, Sec. 506, as added Pub. L. 106-501, title

V, Sec. 501, Nov. 13, 2000, 114 Stat. 2276.)

-MISC1-

PRIOR PROVISIONS

A prior section 3056d, Pub. L. 89-73, title V, Sec. 506, formerly

title IX, Sec. 906, as added Pub. L. 94-135, title I, Sec. 113(a),

Nov. 28, 1975, 89 Stat. 723; renumbered title V, Sec. 506, and

amended Pub. L. 95-478, title I, Sec. 105(a), (e), Oct. 18, 1978,

92 Stat. 1547, 1548; Pub. L. 97-115, Sec. 12(e), Dec. 29, 1981, 95

Stat. 1607; Pub. L. 98-459, title V, Sec. 503(a), (b), Oct. 9,

1984, 98 Stat. 1787; Pub. L. 100-175, title I, Secs. 162(b),

182(b)(3), Nov. 29, 1987, 101 Stat. 957, 964; Pub. L. 102-375,

title V, Sec. 504(a)-(c)(1), (3), title IX, Sec. 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3056, 3056a, 3056e, 3056f

of this title; title 29 section 2942.

-End-

-CITE-

42 USC Sec. 3056e 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER IX - COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS

-HEAD-

Sec. 3056e. Equitable distribution

-STATUTE-

(a) Interstate allocation

The Secretary, in awarding grants and contracts under section

3056d of this title, shall, to the extent feasible, assure an

equitable distribution of activities under such grants and

contracts, in the aggregate, among the States, taking into account

the needs of underserved States.

(b) Intrastate allocation

The amount allocated for projects within each State under section

3056d of this title shall be allocated among areas within the State

in an equitable manner, taking into consideration the State

priorities set out in the State plan pursuant to section 3056a(a)

of this title.

-SOURCE-

(Pub. L. 89-73, title V, Sec. 507, as added Pub. L. 106-501, title

V, Sec. 501, Nov. 13, 2000, 114 Stat. 2280.)

-MISC1-

PRIOR PROVISIONS

A prior section 3056e, Pub. L. 89-73, title V, Sec. 507, formerly

title IX, Sec. 907, as added Pub. L. 94-135, title I, Sec. 113(a),

Nov. 28, 1975, 89 Stat. 724; renumbered title V, Sec. 507, and

amended Pub. L. 95-478, title I, Sec. 105(a), (f), Oct. 18, 1978,

92 Stat. 1547, 1548; Pub. L. 97-115, Sec. 12(a)(3), (f), Dec. 29,

1981, 95 Stat. 1606, 1607; Pub. L. 98-459, title V, Sec. 503(c),

Oct. 9, 1984, 98 Stat. 1787; Pub. L. 100-175, title I, Secs. 164,

182(b)(4), (p), Nov. 29, 1987, 101 Stat. 958, 964, 967; Pub. L.

100-628, title VII, Sec. 705(9), Nov. 7, 1988, 102 Stat. 3247; Pub.

L. 102-375, title I, Sec. 102(b)(8), title V, Sec. 504(c)(1), Sept.

30, 1992, 106 Stat. 1201, 1269, related to definitions, prior to

the general amendment of this subchapter by Pub. L. 106-501.

Another prior section 507 of Pub. L. 89-73 was classified to

section 3041f of this title, prior to repeal by Pub. L. 95-478.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3013, 3056f of this

title.

-End-

-CITE-

42 USC Sec. 3056f 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER IX - COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS

-HEAD-

Sec. 3056f. Report

-STATUTE-

In order to carry out the Secretary's responsibilities for

reporting in section 3056a(g) of this title, the Secretary shall

require the State agency for each State receiving funds under this

subchapter to prepare and submit a report at the beginning of each

fiscal year on such State's compliance with section 3056e(b) of

this title. Such report shall include the names and geographic

location of all projects assisted under this subchapter and carried

out in the State and the amount allocated to each such project

under section 3056d of this title.

-SOURCE-

(Pub. L. 89-73, title V, Sec. 508, as added Pub. L. 106-501, title

V, Sec. 501, Nov. 13, 2000, 114 Stat. 2280.)

-MISC1-

PRIOR PROVISIONS

A prior section 3056f, Pub. L. 89-73, title V, Sec. 508, formerly

title IX, Sec. 908, as added Pub. L. 94-135, title I, Sec. 113(a),

Nov. 28, 1975, 89 Stat. 725; renumbered title V, Sec. 508, and

amended Pub. L. 95-478, title I, Sec. 105(a), (g), Oct. 18, 1978,

92 Stat. 1547, 1548; Pub. L. 97-115, Sec. 12(g), Dec. 29, 1981, 95

Stat. 1607; Pub. L. 98-459, title V, Sec. 504, Oct. 9, 1984, 98

Stat. 1787; Pub. L. 100-175, title I, Sec. 165, Nov. 29, 1987, 101

Stat. 958; Pub. L. 102-375, title V, Sec. 505, Sept. 30, 1992, 106

Stat. 1269, related to authorization of appropriations, prior to

the general amendment of this subchapter by Pub. L. 106-501.

-End-

-CITE-

42 USC Sec. 3056g 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER IX - COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS

-HEAD-

Sec. 3056g. Employment assistance and Federal housing and food

stamp programs

-STATUTE-

Funds received by eligible individuals from projects carried out

under the program established in this subchapter shall not be

considered to be income of such individuals for purposes of

determining the eligibility of such individuals, or of any other

persons, to participate in any housing program for which Federal

funds may be available or for any income determination under the

Food Stamp Act of 1977 [7 U.S.C. 2011 et seq.].

-SOURCE-

(Pub. L. 89-73, title V, Sec. 509, as added Pub. L. 106-501, title

V, Sec. 501, Nov. 13, 2000, 114 Stat. 2280.)

-REFTEXT-

REFERENCES IN TEXT

The Food Stamp Act of 1977, referred to in text, is Pub. L.

88-525, Aug. 31, 1964, 78 Stat. 703, as amended, which is

classified generally to chapter 51 (Sec. 2011 et seq.) of Title 7,

Agriculture. For complete classification of this Act to the Code,

see Short Title note set out under section 2011 of Title 7 and

Tables.

-MISC1-

PRIOR PROVISIONS

A prior section 3056g, Pub. L. 89-73, title V, Sec. 509, as added

Pub. L. 100-175, title I, Sec. 166, Nov. 29, 1987, 101 Stat. 958,

related to employment assistance and Federal housing and food stamp

programs, prior to the general amendment of this subchapter by Pub.

L. 106-501.

-End-

-CITE-

42 USC Sec. 3056h 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER IX - COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS

-HEAD-

Sec. 3056h. Eligibility for workforce investment activities

-STATUTE-

Eligible individuals under this subchapter may be deemed by local

workforce investment boards established under title I of the

Workforce Investment Act of 1998 [29 U.S.C. 2801 et seq.] to

satisfy the requirements for receiving services under such title

that are applicable to adults.

-SOURCE-

(Pub. L. 89-73, title V, Sec. 510, as added Pub. L. 106-501, title

V, Sec. 501, Nov. 13, 2000, 114 Stat. 2280.)

-REFTEXT-

REFERENCES IN TEXT

The Workforce Investment Act of 1998, referred to in text, is

Pub. L. 105-220, Aug. 7, 1998, 112 Stat. 936, as amended. Title I

of the Act is classified principally to chapter 30 (Sec. 2801 et

seq.) of Title 29, Labor. For complete classification of this Act

to the Code, see Short Title note set out under section 9201 of

Title 20, Education, and Tables.

-MISC1-

PRIOR PROVISIONS

A prior section 3056h, Pub. L. 89-73, title V, Sec. 510, as added

Pub. L. 102-375, title V, Sec. 506, Sept. 30, 1992, 106 Stat. 1269;

amended Pub. L. 103-171, Sec. 2(20), Dec. 2, 1993, 107 Stat. 1989;

Pub. L. 105-277, div. A, Sec. 101(f) [title VIII, Sec.

405(d)(33)(D), (f)(25)(D)], Oct. 21, 1998, 112 Stat. 2681-337,

2681-426, 2681-433, related to dual eligibility, prior to the

general amendment of this subchapter by Pub. L. 106-501.

-End-

-CITE-

42 USC Sec. 3056i 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER IX - COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS

-HEAD-

Sec. 3056i. Treatment of assistance

-STATUTE-

Assistance furnished under this subchapter shall not be construed

to be financial assistance described in section 1255a(h)(1)(A) of

title 8.

-SOURCE-

(Pub. L. 89-73, title V, Sec. 511, as added Pub. L. 106-501, title

V, Sec. 501, Nov. 13, 2000, 114 Stat. 2280.)

-MISC1-

PRIOR PROVISIONS

A prior section 3056i, Pub. L. 89-73, title V, Sec. 511, as added

Pub. L. 102-375, title V, Sec. 507, Sept. 30, 1992, 106 Stat. 1269,

related to treatment of assistance, prior to the general amendment

of this subchapter by Pub. L. 106-501.

-End-

-CITE-

42 USC Sec. 3056j 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER IX - COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS

-HEAD-

Sec. 3056j. Coordination with the Workforce Investment Act of 1998

-STATUTE-

(a) Partners

Grantees under this subchapter shall be one-stop partners as

described in subparagraphs (A) and (B)(vi) of section 121(b)(1) of

the Workforce Investment Act of 1998 (29 U.S.C. 2841(b)(1)) in the

one-stop delivery system established under section 134(c) of such

Act (29 U.S.C. 2864(c)) for the appropriate local workforce

investment areas, and shall carry out the responsibilities relating

to such partners.

(b) Coordination

In local workforce investment areas where more than one grantee

under this subchapter provides services, the grantees shall

coordinate their activities related to the one-stop delivery

system, and grantees shall be signatories of the memorandum of

understanding established under section 121(c) of the Workforce

Investment Act of 1998 (29 U.S.C. 2841(c)).

-SOURCE-

(Pub. L. 89-73, title V, Sec. 512, as added Pub. L. 106-501, title

V, Sec. 501, Nov. 13, 2000, 114 Stat. 2280.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3056a of this title.

-End-

-CITE-

42 USC Sec. 3056k 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER IX - COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS

-HEAD-

Sec. 3056k. Performance

-STATUTE-

(a) Measures

(1) Establishment of measures

The Secretary shall establish, in consultation with grantees,

subgrantees, and host agencies under this subchapter, States,

older individuals, area agencies on aging, and other

organizations serving older individuals, performance measures for

each grantee for projects and services carried out under this

subchapter.

(2) Content

(A) Composition of measures

The performance measures as established by the Secretary and

described in paragraph (1) shall consist of indicators of

performance and levels of performance applicable to each

indicator. The measures shall be designed to promote continuous

improvement in performance.

(B) Adjustment

The levels of performance described in subparagraph (A)

applicable to a grantee shall be adjusted only with respect to

the following factors:

(i) High rates of unemployment, poverty, or welfare

recipiency in the areas served by a grantee, relative to

other areas of the State or Nation.

(ii) Significant downturns in the areas served by the

grantee or in the national economy.

(iii) Significant numbers or proportions of enrollees with

one or more barriers to employment served by a grantee

relative to grantees serving other areas of the State or

Nation.

(C) Placement

For all grantees, the Secretary shall establish a measure of

performance of not less than 20 percent (adjusted in accordance

with subparagraph (B)) for placement of enrollees into

unsubsidized public or private employment as defined in

subsection (c)(2) of this section.

(3) Performance evaluation of public or private nonprofit

agencies and organizations

The Secretary shall annually establish national performance

measures for each public or private nonprofit agency or

organization that is a grantee under this subchapter, which shall

be applicable to the grantee without regard to whether such

grantee operates the program directly or through contracts,

grants, or agreements with other entities. The performance of the

grantees with respect to such measures shall be evaluated in

accordance with section 3056l(e)(1) of this title regarding

performance of the grantees on a national basis, and in

accordance with section 3056l(e)(3) of this title regarding the

performance of the grantees in each State.

(4) Performance evaluation of States

The Secretary shall annually establish performance measures for

each State that is a grantee under this subchapter, which shall

be applicable to the State grantee without regard to whether such

grantee operates the program directly or through contracts,

grants, or agreements with other entities. The performance of the

State grantees with respect to such measures shall be evaluated

in accordance with section 3056l(f) of this title.

(5) Limitation

An agreement to be evaluated on the performance measures shall

be a requirement for application for, and a condition of, all

grants authorized by this subchapter.

(b) Required indicators

The indicators described in subsection (a) of this section shall

include -

(1) the number of persons served, with particular consideration

given to individuals with greatest economic need, greatest social

need, or poor employment history or prospects, and individuals

who are over the age of 60;

(2) community services provided;

(3) placement into and retention in unsubsidized public or

private employment;

(4) satisfaction of the enrollees, employers, and their host

agencies with their experiences and the services provided; and

(5) any additional indicators of performance that the Secretary

determines to be appropriate to evaluate services and

performance.

(c) Definitions of indicators

(1) In general

The Secretary, after consultation with national and State

grantees, representatives of business and labor organizations,

and providers of services, shall, by regulation, issue

definitions of the indicators of performance described in

subsection (b) of this section.

(2) Definitions of certain terms

In this section:

(A) Placement into public or private unsubsidized employment

The term "placement into public or private unsubsidized

employment" means full- or part-time paid employment in the

public or private sector by an enrollee under this subchapter

for 30 days within a 90-day period without the use of funds

under this subchapter or any other Federal or State employment

subsidy program, or the equivalent of such employment as

measured by the earnings of an enrollee through the use of wage

records or other appropriate methods.

(B) Retention in public or private unsubsidized employment

The term "retention in public or private unsubsidized

employment" means full- or part-time paid employment in the

public or private sector by an enrollee under this subchapter

for 6 months after the starting date of placement into

unsubsidized employment without the use of funds under this

subchapter or any other Federal or State employment subsidy

program.

(d) Corrective efforts

A State or other grantee that does not achieve the established

levels of performance on the performance measures shall submit to

the Secretary, for approval, a plan of correction as described in

subsection (e) or (f) of section 3056l of this title to achieve the

established levels of performance.

-SOURCE-

(Pub. L. 89-73, title V, Sec. 513, as added Pub. L. 106-501, title

V, Sec. 501, Nov. 13, 2000, 114 Stat. 2281.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3056a, 3056l of this

title.

-End-

-CITE-

42 USC Sec. 3056l 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER IX - COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS

-HEAD-

Sec. 3056l. Competitive requirements relating to grant awards

-STATUTE-

(a) Program authorized

In accordance with section 3056(b) of this title, the Secretary

shall award grants to eligible applicants to carry out projects

under this subchapter for a period of 1 year, except that, after

the promulgation of regulations for this subchapter and the

establishment of the performance measures required by section

3056k(a) of this title, the Secretary shall award grants for a

period of not to exceed 3 years.

(b) Eligible applicants

An applicant shall be eligible to receive a grant under

subsection (a) of this section in accordance with section

3056(b)(1) of this title, and subsections (c) and (d) of this

section.

(c) Criteria

The Secretary shall select the eligible applicants to receive

grants under subsection (a) of this section based on the following:

(1) The applicant's ability to administer a program that serves

the greatest number of eligible individuals, giving particular

consideration to individuals with greatest economic need,

greatest social need, poor employment history or prospects, and

over the age of 60.

(2) The applicant's ability to administer a program that

provides employment for eligible individuals in the communities

in which such individuals reside, or in nearby communities, that

will contribute to the general welfare of the community.

(3) The applicant's ability to administer a program that moves

eligible individuals into unsubsidized employment.

(4) The applicant's ability to move individuals with multiple

barriers to employment into unsubsidized employment.

(5) The applicant's ability to coordinate with other

organizations at the State and local level.

(6) The applicant's plan for fiscal management of the program

to be administered with funds received under this section.

(7) Any additional criteria that the Secretary deems

appropriate in order to minimize disruption for current

enrollees.

(d) Responsibility tests

(1) In general

Before final selection of a grantee, the Secretary shall

conduct a review of available records to assess the applicant's

overall responsibility to administer Federal funds.

(2) Review

As part of the review described in paragraph (1), the Secretary

may consider any information, including the organization's

history with regard to the management of other grants.

(3) Failure to satisfy test

The failure to satisfy any one responsibility test that is

listed in paragraph (4), except for those listed in subparagraphs

(A) and (B) of such paragraph, does not establish that the

organization is not responsible unless such failure is

substantial or persistent (for 2 or more consecutive years).

(4) Test

The responsibility tests include review of the following

factors:

(A) Efforts by the organization to recover debts, after three

demand letters have been sent, that are established by final

agency action and have been unsuccessful, or that there has

been failure to comply with an approved repayment plan.

(B) Established fraud or criminal activity of a significant

nature within the organization.

(C) Serious administrative deficiencies identified by the

Secretary, such as failure to maintain a financial management

system as required by Federal regulations.

(D) Willful obstruction of the audit process.

(E) Failure to provide services to applicants as agreed to in

a current or recent grant or to meet applicable performance

measures.

(F) Failure to correct deficiencies brought to the grantee's

attention in writing as a result of monitoring activities,

reviews, assessments, or other activities.

(G) Failure to return a grant closeout package or outstanding

advances within 90 days of the grant expiration date or receipt

of closeout package, whichever is later, unless an extension

has been requested and granted.

(H) Failure to submit required reports.

(I) Failure to properly report and dispose of Government

property as instructed by the Secretary.

(J) Failure to have maintained effective cash management or

cost controls resulting in excess cash on hand.

(K) Failure to ensure that a subrecipient complies with its

Office of Management and Budget Circular A-133 audit

requirements specified at section 667.200(b) of title 20, Code

of Federal Regulations.

(L) Failure to audit a subrecipient within the required

period.

(M) Final disallowed costs in excess of 5 percent of the

grant or contract award if, in the judgment of the grant

officer, the disallowances are egregious findings.

(N) Failure to establish a mechanism to resolve a

subrecipient's audit in a timely fashion.

(5) Determination

Applicants that are determined to be not responsible shall not

be selected as grantees.

(6) Disallowed costs

Interest on disallowed costs shall accrue in accordance with

the Debt Collection Improvement Act of 1996.

(e) National performance measures and competition for public and

private nonprofit agencies and organizations

(1) In general

Not later than 120 days after the end of each program year, the

Secretary shall determine if each public or private nonprofit

agency or organization that is a grantee has met the national

performance measures established pursuant to section 3056k(a)(3)

of this title.

(2) Technical assistance and corrective action plan

(A) In general

If the Secretary determines that a grantee fails to meet the

national performance measures for a program year, the Secretary

shall provide technical assistance and require such

organization to submit a corrective action plan not later than

160 days after the end of the program year.

(B) Content

The plan submitted under subparagraph (A) shall detail the

steps the grantee will take to meet the national performance

measures in the next program year.

(C) After second year of failure

If a grantee fails to meet the national performance measures

for a second consecutive program year, the Secretary shall

conduct a national competition to award, for the first full

program year following the determination (minimizing, to the

extent possible, the disruption of services provided to

enrollees), an amount equal to 25 percent of the funds awarded

to the grantee for such year.

(D) Competition after third consecutive year of failure

If a grantee fails to meet the national performance measures

for a third consecutive program year, the Secretary shall

conduct a national competition to award the amount of the grant

remaining after deduction of the portion specified in

subparagraph (C) for the first full program year following the

determination. The eligible applicant that receives the grant

through the national competition shall continue service to the

geographic areas formerly served by the grantee that previously

received the grant.

(3) Competition requirements for public and private nonprofit

agencies and organizations in a State

(A) In general

In addition to the actions required under paragraph (2), the

Secretary shall take corrective action if the Secretary

determines at the end of any program year that, despite meeting

the established national performance measures, a public or

private nonprofit agency or organization that is a grantee has

attained levels of performance 20 percent or more below the

national performance measures with respect to the project

carried out in a State and has failed to meet the performance

measures as established by the Secretary for the State grantee

in such State, and there are not factors, such as the factors

described in section 3056k(a)(2)(B) of this title, or size of

the project, that justify the performance.

(B) First year of failure

After the first program year of failure to meet the

performance criteria described in subparagraph (A), the

Secretary shall require a corrective action plan, and may

require the transfer of the responsibility for the project to

other grantees, provide technical assistance, and take other

appropriate actions.

(C) Second year of failure

After the second consecutive program year of failure to meet

the performance criteria described in subparagraph (A), the

corrective actions to be taken by the Secretary may include the

transfer of the responsibility for a portion or all of the

project to a State or public or private nonprofit agency or

organization, or a competition for a portion or all of the

funds to carry out such project among all eligible entities

that meet the responsibility tests under subsection (d) of this

section except for the grantee that is the subject of the

corrective action.

(D) Third year of failure

After the third consecutive program year of failure to meet

the performance criteria described in subparagraph (A), the

Secretary shall conduct a competition for the funds to carry

out such project among all eligible entities that meet the

responsibility tests under subsection (d) of this section

except for the grantee that is the subject of the corrective

action.

(4) Request by Governor

Upon the request of the Governor of a State for a review of the

performance of a public or private nonprofit agency or

organization within the State, the Secretary shall undertake such

a review in accordance with the criteria described in paragraph

(3)(A). If the performance of such grantee is not justified under

such criteria, the Secretary shall take corrective action in

accordance with paragraph (3).

(f) Performance measures and competition for States

(1) In general

Not later than 120 days after the end of the program year, the

Secretary shall determine if a State grantee has met the

performance measures established pursuant to section 3056k(a)(4)

of this title.

(2) Technical assistance and corrective action plan

If a State that receives a grant fails to meet the performance

measures for a program year, the Secretary shall provide

technical assistance and require the State to submit a corrective

action plan not later than 160 days after the end of the program

year.

(3) Content

The plan described in paragraph (2) shall detail the steps the

State will take to meet the standards.

(4) Failure to meet performance measures for second and third

years

(A) After second year of failure

If a State fails to meet the performance measures for a

second consecutive program year, the Secretary shall provide

for the conduct by the State of a competition to award, for the

first full program year following the determination

(minimizing, to the extent possible, the disruption of services

provided to enrollees), an amount equal to 25 percent of the

funds available to the State for such year.

(B) After third year of failure

If the State fails to meet the performance measures for a

third consecutive program year, the Secretary shall provide for

the conduct by the State of a competition to award the funds

allocated to the State for the first full program year

following the Secretary's determination that the State has not

met the performance measures.

-SOURCE-

(Pub. L. 89-73, title V, Sec. 514, as added Pub. L. 106-501, title

V, Sec. 501, Nov. 13, 2000, 114 Stat. 2282.)

-REFTEXT-

REFERENCES IN TEXT

The Debt Collection Improvement Act of 1996, referred to in

subsec. (d)(6), is section 31001 of title III of Pub. L. 104-134,

Apr. 26, 1996, 110 Stat. 1321-358. For complete classification of

this Act to the Code, see Short Title of 1996 Amendment note set

out under section 3701 of Title 31, Money and Finance, and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3056, 3056d, 3056k of

this title.

-End-

-CITE-

42 USC Sec. 3056m 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER IX - COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS

-HEAD-

Sec. 3056m. Authorization of appropriations

-STATUTE-

(a) There is authorized to be appropriated to carry out this

subchapter -

(1) $475,000,000 for fiscal year 2001 and such sums as may be

necessary for fiscal year 2002 through 2005; and

(2) such additional sums as may be necessary for each such

fiscal year to enable the Secretary, through programs under this

subchapter, to provide for at least 70,000 part-time employment

positions for eligible individuals.

For purposes of paragraph (2), "part-time employment position"

means an employment position within a workweek of at least 20

hours.

(b) Amounts appropriated under this section for any fiscal year

shall be available for obligation during the annual period which

begins on July 1 of the calendar year immediately following the

beginning of such fiscal year and which ends on June 30 of the

following calendar year. The Secretary may extend the period during

which such amounts may be obligated or expended in the case of a

particular organization or agency receiving funds under this

subchapter if the Secretary determines that such extension is

necessary to ensure the effective use of such funds by such

organization or agency.

(c) At the end of the program year, the Secretary may recapture

any unexpended funds for the program year, and reobligate such

funds within the 2 succeeding program years for -

(1) incentive grants;

(2) technical assistance; or

(3) grants or contracts for any other program under this

subchapter.

-SOURCE-

(Pub. L. 89-73, title V, Sec. 515, as added Pub. L. 106-501, title

V, Sec. 501, Nov. 13, 2000, 114 Stat. 2286.)

-End-

-CITE-

42 USC Sec. 3056n 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER IX - COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS

-HEAD-

Sec. 3056n. Definitions

-STATUTE-

In this subchapter:

(1) Community service

The term "community service" means social, health, welfare, and

educational services (including literacy tutoring), legal and

other counseling services and assistance, including tax

counseling and assistance and financial counseling, and library,

recreational, and other similar services; conservation,

maintenance, or restoration of natural resources; community

betterment or beautification; antipollution and environmental

quality efforts; weatherization activities; economic development;

and such other services essential and necessary to the community

as the Secretary, by regulation, may prescribe.

(2) Eligible individuals

The term "eligible individuals" means an individual who is 55

years old or older, who has a low income (including any such

individual whose income is not more than 125 percent of the

poverty guidelines established by the Office of Management and

Budget), except that, pursuant to regulations prescribed by the

Secretary, any such individual who is 60 years old or older shall

have priority for the work opportunities provided for under this

subchapter.

(3) Pacific Island and Asian Americans

The term "Pacific Island and Asian Americans" means Americans

having origins in any of the original peoples of the Far East,

Southeast Asia, the Indian Subcontinent, or the Pacific Islands.

(4) Program

The term "program" means the older American community service

employment program established under this subchapter.

-SOURCE-

(Pub. L. 89-73, title V, Sec. 516, as added Pub. L. 106-501, title

V, Sec. 501, Nov. 13, 2000, 114 Stat. 2287.)

-End-

-CITE-

42 USC SUBCHAPTER X - GRANTS FOR NATIVE AMERICANS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER X - GRANTS FOR NATIVE AMERICANS

-HEAD-

SUBCHAPTER X - GRANTS FOR NATIVE AMERICANS

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 3002, 3011, 3013a,

3020c, 3026, 3027, 3030, 3030a, 3058d of this title.

-End-

-CITE-

42 USC Sec. 3057 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER X - GRANTS FOR NATIVE AMERICANS

-HEAD-

Sec. 3057. Statement of purpose

-STATUTE-

It is the purpose of this subchapter to promote the delivery of

supportive services, including nutrition services to American

Indians, Alaskan Natives, and Native Hawaiians that are comparable

to services provided under subchapter III of this chapter.

-SOURCE-

(Pub. L. 89-73, title VI, Sec. 601, as added Pub. L. 100-175, title

I, Sec. 171, Nov. 29, 1987, 101 Stat. 959.)

-MISC1-

PRIOR PROVISIONS

A prior section 3057, Pub. L. 89-73, title VI, Sec. 601, as added

Pub. L. 95-478, title I, Sec. 106, Oct. 18, 1978, 92 Stat. 1548;

amended Pub. L. 97-115, Sec. 3(d), Dec. 29, 1981, 95 Stat. 1597,

related to statement of purpose for grants to Indian tribes, prior

to the general amendment of this subchapter by Pub. L. 100-175.

A prior section 601 of Pub. L. 89-73, title VI, as added Pub. L.

91-69, Sec. 9, Sept. 17, 1969, 83 Stat. 111; amended Pub. L. 93-29,

title VI, Sec. 601, May 3, 1973, 87 Stat. 55, related to grants and

contracts for volunteer service projects and was classified to

section 3044 of this title, prior to repeal by Pub. L. 93-113,

title VI, Sec. 604(a), Oct. 1, 1973, 87 Stat. 417.

EFFECTIVE DATE

Subchapter 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 an

Effective Date of 1987 Amendment note under section 3001 of this

title.

-End-

-CITE-

42 USC Sec. 3057a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER X - GRANTS FOR NATIVE AMERICANS

-HEAD-

Sec. 3057a. Sense of Congress

-STATUTE-

It is the sense of the Congress that older individuals who are

Indians, older individuals who are Alaskan Natives, and older

individuals who are Native Hawaiians are a vital resource entitled

to all benefits and services available and that such services and

benefits should be provided in a manner that preserves and restores

their respective dignity, self-respect, and cultural identities.

-SOURCE-

(Pub. L. 89-73, title VI, Sec. 602, as added Pub. L. 100-175, title

I, Sec. 171, Nov. 29, 1987, 101 Stat. 959; amended Pub. L. 102-375,

title IX, Sec. 904(a)(20), Sept. 30, 1992, 106 Stat. 1309.)

-MISC1-

PRIOR PROVISIONS

A prior section 3057a, Pub. L. 89-73, title VI, Sec. 602, as

added Pub. L. 95-478, title I, Sec. 106, Oct. 18, 1978, 92 Stat.

1549; amended Pub. L. 97-115, Sec. 3(d), Dec. 29, 1981, 95 Stat.

1597; Pub. L. 98-459, title VI, Sec. 601, Oct. 9, 1984, 98 Stat.

1787, related to eligibility of an Indian tribe for assistance and

definitions, prior to the general amendment of this subchapter by

Pub. L. 100-175. See section 3057c of this title.

AMENDMENTS

1992 - Pub. L. 102-375 substituted "older individuals who are

Indians, older individuals who are Alaskan Natives, and older

individuals who are Native Hawaiians" for "older Indians, older

Alaskan Natives, and older Native Hawaiians".

-End-

-CITE-

42 USC Part A - Indian Program 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER X - GRANTS FOR NATIVE AMERICANS

Part A - Indian Program

-HEAD-

PART A - INDIAN PROGRAM

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in sections 3057k-11, 3057l, 3057n of

this title.

-End-

-CITE-

42 USC Sec. 3057b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER X - GRANTS FOR NATIVE AMERICANS

Part A - Indian Program

-HEAD-

Sec. 3057b. Findings

-STATUTE-

(a) (!1) The Congress finds that the older individuals who are

Indians of the United States -

(1) are a rapidly increasing population;

(2) suffer from high unemployment;

(3) live in poverty at a rate estimated to be as high as 61

percent;

(4) have a life expectancy between 3 and 4 years less than the

general population;

(5) lack sufficient nursing homes, other long-term care

facilities, and other health care facilities;

(6) lack sufficient Indian area agencies on aging;

(7) frequently live in substandard and over-crowded housing;

(8) receive less than adequate health care;

(9) are served under this subchapter at a rate of less than 19

percent of the total national population of older individuals who

are Indians living on Indian reservations; and

(10) are served under subchapter III of this chapter at a rate

of less than 1 percent of the total participants under that

subchapter.

-SOURCE-

(Pub. L. 89-73, title VI, Sec. 611, as added Pub. L. 100-175, title

I, Sec. 171, Nov. 29, 1987, 101 Stat. 959; amended Pub. L. 102-375,

title IX, Sec. 904(a)(21), Sept. 30, 1992, 106 Stat. 1309.)

-MISC1-

PRIOR PROVISIONS

A prior section 3057b, Pub. L. 89-73, title VI, Sec. 603, as

added Pub. L. 95-478, title I, Sec. 106, Oct. 18, 1978, 92 Stat.

1549; amended Pub. L. 97-115, Secs. 3(d), 13(a), Dec. 29, 1981, 95

Stat. 1597, 1608, related to authority of Commissioner to make

grants to pay all costs for delivery of supportive services and

nutritional services for older Indians, prior to the general

revision of this subchapter by Pub. L. 100-175. See section 3057d

of this title.

A prior section 603 of Pub. L. 89-73, title VI, as added Pub. L.

91-69, Sec. 9, Sept. 17, 1969, 83 Stat. 112; amended Pub. L. 93-29,

title VI, Sec. 602, May 3, 1973, 87 Stat. 55, related to

authorization of appropriations and was classified to section 3044a

of this title, prior to repeal by Pub. L. 93-113, title VI, Sec.

604(a), Oct. 1, 1973, 87 Stat. 417.

AMENDMENTS

1992 - Subsec. (a). Pub. L. 102-375, Sec. 904(a)(21)(A), inserted

"individuals who are" after "older" in introductory provisions.

Subsec. (a)(9). Pub. L. 102-375, Sec. 904(a)(21)(B), substituted

"population of older individuals who are Indians" for "Indian

elderly population".

TASK FORCE

Section 134(d) of Pub. L. 100-175 provided that:

"(1) The Commissioner on Aging [now Assistant Secretary for

Aging] shall establish a permanent interagency task force that is

representative of departments and agencies of the Federal

Government with an interest in older Indians and their welfare, and

is designed to make recommendations with respect to facilitating

the coordination of services and the improvement of services to

older Indians.

"(2) The task force shall be chaired by the Associate

Commissioner on [now Director of the Office for] American Indian,

Alaskan Native, and Native Hawaiian Aging and shall submit its

findings and recommendations to the Commissioner at 6-month

intervals beginning after the date of the enactment of this Act

[Nov. 29, 1987]. Such findings and recommendations shall be

included in the annual report required by section 207(a) of the

Older Americans Act of 1965 [42 U.S.C. 3018(a)] to be submitted by

the Commissioner."

SPECIAL REPORT ON SERVICES FOR OLDER INDIANS

Section 134(e) of Pub. L. 100-175 directed Commissioner on Aging

to enter into a contract with a public agency or nonprofit private

organization to conduct a thorough study of availability and

quality of services under the Older Americans Act of 1965, 42

U.S.C. 3001 et seq., to older Indians and, not later than Dec. 31,

1988, submit to Congress a report and recommendations based on the

study.

-FOOTNOTE-

(!1) So in original. No subsec. (b) has been enacted.

-End-

-CITE-

42 USC Sec. 3057c 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER X - GRANTS FOR NATIVE AMERICANS

Part A - Indian Program

-HEAD-

Sec. 3057c. Eligibility

-STATUTE-

(a) Criteria

A tribal organization of an Indian tribe is eligible for

assistance under this part only if -

(1) the tribal organization represents at least 50 individuals

who are 60 years of age or older; and

(2) the tribal organization demonstrates the ability to deliver

supportive services, including nutritional services.

(b) Limitation

An Indian tribe represented by an organization specified in

subsection (a) of this section shall be eligible for only one grant

under this part for any fiscal year. Nothing in this subsection

shall preclude an Indian tribe represented by an organization

specified in subsection (a) of this section from receiving a grant

under section 3057k-11 of this title.

(c) "Indian tribe" and "tribal organization" defined

For the purposes of this part the terms "Indian tribe" and

"tribal organization" have the same meaning as in section 450b of

title 25.

-SOURCE-

(Pub. L. 89-73, title VI, Sec. 612, as added Pub. L. 100-175, title

I, Sec. 171, Nov. 29, 1987, 101 Stat. 959; amended Pub. L. 106-501,

title VI, Sec. 601, Nov. 13, 2000, 114 Stat. 2287.)

-MISC1-

PRIOR PROVISIONS

A prior section 3057c, Pub. L. 89-73, title VI, Sec. 604, as

added Pub. L. 95-478, title I, Sec. 106, Oct. 18, 1978, 92 Stat.

1549; amended Pub. L. 97-115, Sec. 13(b), Dec. 29, 1981, 95 Stat.

1608; Pub. L. 98-459, title VI, Sec. 602, Oct. 9, 1984, 98 Stat.

1788, related to applications for assistance, prior to the general

amendment of this subchapter by Pub. L. 100-175. See section 3057e

of this title.

AMENDMENTS

2000 - Subsecs. (b), (c). Pub. L. 106-501 added subsec. (b) and

redesignated former subsec. (b) as (c).

-End-

-CITE-

42 USC Sec. 3057d 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER X - GRANTS FOR NATIVE AMERICANS

Part A - Indian Program

-HEAD-

Sec. 3057d. Grants authorized

-STATUTE-

The Assistant Secretary may make grants to eligible tribal

organizations to pay all of the costs for delivery of supportive

services and nutrition services for older individuals who are

Indians.

-SOURCE-

(Pub. L. 89-73, title VI, Sec. 613, as added Pub. L. 100-175, title

I, Sec. 171, Nov. 29, 1987, 101 Stat. 960; amended Pub. L. 102-375,

title IX, Sec. 904(a)(22), Sept. 30, 1992, 106 Stat. 1309; Pub. L.

103-171, Sec. 3(a)(13), Dec. 2, 1993, 107 Stat. 1990.)

-MISC1-

PRIOR PROVISIONS

A prior section 3057d, Pub. L. 89-73, title VI, Sec. 605, as

added Pub. L. 95-478, title I, Sec. 106, Oct. 18, 1978, 92 Stat.

1551; amended Pub. L. 97-115, Sec. 13(c), Dec. 29, 1981, 95 Stat.

1608, provided that in establishing administrative regulations the

Commissioner consult with the Secretary of the Interior, prior to

the general amendment of this subchapter by Pub. L. 100-175. See

section 3057l of this title.

AMENDMENTS

1993 - Pub. L. 103-171 substituted "Assistant Secretary" for

"Commissioner".

1992 - Pub. L. 102-375 inserted "individuals who are" after

"older".

-End-

-CITE-

42 USC Sec. 3057e 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER X - GRANTS FOR NATIVE AMERICANS

Part A - Indian Program

-HEAD-

Sec. 3057e. Applications

-STATUTE-

(a) Approval criteria; provisions and assurances

No grant may be made under this part unless the eligible tribal

organization submits an application to the Assistant Secretary

which meets such criteria as the Assistant Secretary may by

regulation prescribe. Each such application shall -

(1) provide that the eligible tribal organization will evaluate

the need for supportive and nutrition services among older

individuals who are Indians to be represented by the tribal

organization;

(2) provide for the use of such methods of administration as

are necessary for the proper and efficient administration of the

program to be assisted;

(3) provide that the tribal organization will make such reports

in such form and containing such information, as the Assistant

Secretary may reasonably require, and comply with such

requirements as the Assistant Secretary may impose to assure the

correctness of such reports;

(4) provide for periodic evaluation of activities and projects

carried out under the application;

(5) establish objectives consistent with the purposes of this

part toward which activities under the application will be

directed, identify obstacles to the attainment of such

objectives, and indicate the manner in which the tribal

organization proposes to overcome such obstacles;

(6) provide for establishing and maintaining information and

assistance services to assure that older individuals who are

Indians to be served by the assistance made available under this

part will have reasonably convenient access to such services;

(7) provide a preference for older individuals who are Indians

for full or part-time staff positions wherever feasible;

(8) provide assurances that either directly or by way of grant

or contract with appropriate entities nutrition services will be

delivered to older individuals who are Indians represented by the

tribal organization substantially in compliance with the

provisions of part C of subchapter III of this chapter, except

that in any case in which the need for nutritional services for

older individuals who are Indians represented by the tribal

organization is already met from other sources, the tribal

organization may use the funds otherwise required to be expended

under this paragraph for supportive services;

(9) provide that any legal or ombudsman services made available

to older individuals who are Indians represented by the tribal

organization will be substantially in compliance with the

provisions of subchapter III of this chapter relating to the

furnishing of similar services;

(10) provide satisfactory assurance that fiscal control and

fund accounting procedures will be adopted as may be necessary to

assure proper disbursement of, and accounting for, Federal funds

paid under this part to the tribal organization, including any

funds paid by the tribal organization to a recipient of a grant

or contract; and

(11) contain assurances that the tribal organization will

coordinate services provided under this part with services

provided under subchapter III of this chapter in the same

geographical area.

(b) Population statistics development

For the purpose of any application submitted under this part, the

tribal organization may develop its own population statistics, with

approval from the Bureau of Indian Affairs, in order to establish

eligibility.

(c) Approval by Assistant Secretary

(1) The Assistant Secretary shall approve any application which

complies with the provisions of subsection (a) of this section.

(2) The Assistant Secretary shall provide waivers and exemptions

of the reporting requirements of subsection (a)(3) of this section

for applicants that serve Indian populations in geographically

isolated areas, or applicants that serve small Indian populations,

where the small scale of the project, the nature of the applicant,

or other factors make the reporting requirements unreasonable under

the circumstances. The Assistant Secretary shall consult with such

applicants in establishing appropriate waivers and exemptions.

(3) The Assistant Secretary shall approve any application that

complies with the provisions of subsection (a) of this section,

except that in determining whether an application complies with the

requirements of subsection (a)(8) of this section, the Assistant

Secretary shall provide maximum flexibility to an applicant that

seeks to take into account subsistence needs, local customs, and

other characteristics that are appropriate to the unique cultural,

regional, and geographic needs of the Indian populations to be

served.

(4) In determining whether an application complies with the

requirements of subsection (a)(12) (!1) of this section, the

Assistant Secretary shall require only that an applicant provide an

appropriate narrative description of the geographic area to be

served and an assurance that procedures will be adopted to ensure

against duplicate services being provided to the same recipients.

(d) Disapproval by Assistant Secretary

Whenever the Assistant Secretary determines not to approve an

application submitted under subsection (a) of this section the

Assistant Secretary shall -

(1) state objections in writing to the tribal organization

within 60 days after such decision;

(2) provide to the extent practicable technical assistance to

the tribal organization to overcome such stated objections; and

(3) provide the tribal organization with a hearing, under such

rules and regulations as the Assistant Secretary may prescribe.

(e) Funds per year

Whenever the Assistant Secretary approves an application of a

tribal organization under this part, funds shall be awarded for not

less than 12 months.

-SOURCE-

(Pub. L. 89-73, title VI, Sec. 614, as added Pub. L. 100-175, title

I, Sec. 171, Nov. 29, 1987, 101 Stat. 960; amended Pub. L. 102-375,

title I, Sec. 102(b)(4), title VI, Sec. 601, title IX, Sec.

904(a)(23), Sept. 30, 1992, 106 Stat. 1201, 1269, 1309; Pub. L.

103-171, Secs. 2(21), 3(a)(13), Dec. 2, 1993, 107 Stat. 1989, 1990;

Pub. L. 106-501, title VI, Sec. 602, title VIII, Sec. 801(d), Nov.

13, 2000, 114 Stat. 2287, 2292.)

-REFTEXT-

REFERENCES IN TEXT

Subsection (a)(12) of this section, referred to in subsec.

(c)(4), was redesignated subsec. (a)(11) of this section by Pub. L.

106-501, title VIII, Sec. 801(d)(2), Nov. 13, 2000, 114 Stat. 2292.

-MISC1-

PRIOR PROVISIONS

A prior section 3057e, Pub. L. 89-73, title VI, Sec. 606, as

added Pub. L. 95-478, title I, Sec. 106, Oct. 18, 1978, 92 Stat.

1551; amended Pub. L. 97-115, Sec. 3(d), Dec. 29, 1981, 95 Stat.

1597, related to surplus educational facilities, prior to the

general amendment of this subchapter by Pub. L. 100-175. See

section 3057f of this title.

AMENDMENTS

2000 - Subsec. (a)(9) to (12). Pub. L. 106-501, Sec. 801(d),

redesignated pars. (10) to (12) as (9) to (11), respectively, and

struck out former par. (9) which read as follows: "contain

assurances that the provisions of sections 3027(a)(14)(A)(i) and

(iii), 3027(a)(14)(B), and 3027(a)(14)(C) of this title will be

complied with whenever the application contains provisions for the

acquisition, alteration, or renovation of facilities to serve as

multipurpose senior centers;".

Subsec. (b). Pub. L. 106-501, Sec. 602(1), substituted "approval"

for "certification".

Subsec. (c). Pub. L. 106-501, Sec. 602(2), designated existing

provisions as par. (1) and added pars. (2) to (4).

1993 - Subsec. (a). Pub. L. 103-171, Sec. 3(a)(13), substituted

"Assistant Secretary" for "Commissioner" wherever appearing in

introductory provisions and in par. (3).

Subsec. (c). Pub. L. 103-171, Sec. 2(21), substituted "Assistant

Secretary" for "Commission".

Subsec. (d). Pub. L. 103-171, Secs. 2(21), 3(a)(13), in

introductory provisions, substituted "Assistant Secretary

determines" for "Commissioner determines" and "Assistant Secretary

shall" for "Commission shall" and, in par. (3), substituted

"Assistant Secretary" for "Commissioner".

Subsec. (e). Pub. L. 103-171, Sec. 3(a)(13), substituted

"Assistant Secretary" for "Commissioner".

1992 - Subsec. (a)(1). Pub. L. 102-375, Sec. 904(a)(23)(C),

inserted "individuals who are" after "older".

Subsec. (a)(6). Pub. L. 102-375, Secs. 102(b)(4), 904(a)(23)(C),

substituted "information and assistance" for "information and

referral" and inserted "individuals who are" after "older".

Subsec. (a)(7). Pub. L. 102-375, Sec. 904(a)(23)(A), substituted

"older individuals who are Indians" for "Indians aged 60 and

older".

Subsec. (a)(8). Pub. L. 102-375, Sec. 904(a)(23)(B), (C),

inserted "individuals who are" after "older" in two places and

substituted "paragraph" for "clause".

Subsec. (a)(10). Pub. L. 102-375, Sec. 904(a)(23)(C), inserted

"individuals who are" after "older".

Subsec. (a)(12). Pub. L. 102-375, Sec. 601, added par. (12).

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by section 601 of Pub. L. 102-375 inapplicable to

fiscal year 1992, see section 905(b)(5) of Pub. L. 102-375, set out

as a note under section 3001 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 3057e-1 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER X - GRANTS FOR NATIVE AMERICANS

Part A - Indian Program

-HEAD-

Sec. 3057e-1. Distribution of funds among tribal organizations

-STATUTE-

(a) Maintenance of 1991 amounts

Subject to the availability of appropriations to carry out this

part, the amount of the grant (if any) made under this part to a

tribal organization for fiscal year 1992 and for each subsequent

fiscal year shall be not less than the amount of the grant made

under this part to the tribal organization for fiscal year 1991.

(b) Use of additional amounts appropriated

If the funds appropriated to carry out this part in a fiscal year

subsequent to fiscal year 1991 exceed the funds appropriated to

carry out this part in fiscal year 1991, then the amount of the

grant (if any) made under this part to a tribal organization for

the subsequent fiscal year shall be -

(1) increased by such amount as the Assistant Secretary

considers to be appropriate, in addition to the amount of any

increase required by subsection (a) of this section, so that the

grant equals or more closely approaches the amount of the grant

made under this part to the tribal organization for fiscal year

1980; or

(2) an amount the Assistant Secretary considers to be

sufficient if the tribal organization did not receive a grant

under this part for either fiscal year 1980 or fiscal year 1991.

-SOURCE-

(Pub. L. 89-73, title VI, Sec. 614A, as added Pub. L. 102-375,

title VI, Sec. 602, Sept. 30, 1992, 106 Stat. 1270; amended Pub. L.

103-171, Sec. 3(a)(13), Dec. 2, 1993, 107 Stat. 1990.)

-MISC1-

AMENDMENTS

1993 - Subsec. (b). Pub. L. 103-171 substituted "Assistant

Secretary" for "Commissioner" in pars. (1) and (2).

-End-

-CITE-

42 USC Sec. 3057f 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER X - GRANTS FOR NATIVE AMERICANS

Part A - Indian Program

-HEAD-

Sec. 3057f. Surplus educational facilities

-STATUTE-

(a) Multipurpose senior centers

Notwithstanding any other provision of law, the Secretary of the

Interior through the Bureau of Indian Affairs shall make available

surplus Indian educational facilities to tribal organizations, and

nonprofit organizations with tribal approval, for use as

multipurpose senior centers. Such centers may be altered so as to

provide extended care facilities, community center facilities,

nutrition services, child care services, and other supportive

services.

(b) Applications; submission; contents

Each eligible tribal organization desiring to take advantage of

such surplus facilities shall submit an application to the

Secretary of the Interior at such time and in such manner, and

containing or accompanied by such information, as the Secretary of

the Interior determines to be necessary to carry out the provisions

of this section.

-SOURCE-

(Pub. L. 89-73, title VI, Sec. 615, as added Pub. L. 100-175, title

I, Sec. 171, Nov. 29, 1987, 101 Stat. 961.)

-MISC1-

PRIOR PROVISIONS

A prior section 3057f, Pub. L. 89-73, title VI, Sec. 607, as

added Pub. L. 95-478, title I, Sec. 106, Oct. 18, 1978, 92 Stat.

1551, related to payments, prior to the general amendment of this

subchapter by Pub. L. 100-175. See section 3057m of this title.

-End-

-CITE-

42 USC Part B - Native Hawaiian Program 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER X - GRANTS FOR NATIVE AMERICANS

Part B - Native Hawaiian Program

-HEAD-

PART B - NATIVE HAWAIIAN PROGRAM

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in sections 3057k-11, 3057n of this

title.

-End-

-CITE-

42 USC Sec. 3057g 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER X - GRANTS FOR NATIVE AMERICANS

Part B - Native Hawaiian Program

-HEAD-

Sec. 3057g. Findings

-STATUTE-

The Congress finds the older Native Hawaiians -

(1) have a life expectancy 10 years less than any other ethnic

group in the State of Hawaii;

(2) rank lowest on 9 of 11 standard health indicies (!1) for

all ethnic groups in Hawaii;

(3) are often unaware of social services and do not know how to

go about seeking such assistance; and

(4) live in poverty at a rate of 34 percent.

-SOURCE-

(Pub. L. 89-73, title VI, Sec. 621, as added Pub. L. 100-175, title

I, Sec. 171, Nov. 29, 1987, 101 Stat. 961.)

-MISC1-

PRIOR PROVISIONS

A prior section 3057g, Pub. L. 89-73, title VI, Sec. 608, as

added Pub. L. 95-478, title I, Sec. 106, Oct. 18, 1978, 92 Stat.

1551; amended Pub. L. 97-115, Sec. 13(d), Dec. 29, 1981, 95 Stat.

1608; Pub. L. 98-459, title VI, Sec. 603, Oct. 9, 1984, 98 Stat.

1788, authorized appropriations for grants for Indian tribes, prior

to the general amendment of this subchapter by Pub. L. 100-175. See

section 3057n of this title.

-FOOTNOTE-

(!1) So in original. Probably should be "indices".

-End-

-CITE-

42 USC Sec. 3057h 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER X - GRANTS FOR NATIVE AMERICANS

Part B - Native Hawaiian Program

-HEAD-

Sec. 3057h. Eligibility

-STATUTE-

A public or nonprofit private organization having the capacity to

provide services under this part for Native Hawaiians is eligible

for assistance under this part only if -

(1) the organization will serve at least 50 individuals who

have attained 60 years of age or older; and

(2) the organization demonstrates the ability to deliver

supportive services, including nutrition services.

-SOURCE-

(Pub. L. 89-73, title VI, Sec. 622, as added Pub. L. 100-175, title

I, Sec. 171, Nov. 29, 1987, 101 Stat. 961.)

-End-

-CITE-

42 USC Sec. 3057i 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER X - GRANTS FOR NATIVE AMERICANS

Part B - Native Hawaiian Program

-HEAD-

Sec. 3057i. Grants authorized

-STATUTE-

The Assistant Secretary may make grants to public and nonprofit

private organizations to pay all of the costs for the delivery of

supportive services and nutrition services to older Native

Hawaiians.

-SOURCE-

(Pub. L. 89-73, title VI, Sec. 623, as added Pub. L. 100-175, title

I, Sec. 171, Nov. 29, 1987, 101 Stat. 962; amended Pub. L. 103-171,

Sec. 3(a)(13), Dec. 2, 1993, 107 Stat. 1990.)

-MISC1-

AMENDMENTS

1993 - Pub. L. 103-171 substituted "Assistant Secretary" for

"Commissioner".

-End-

-CITE-

42 USC Sec. 3057j 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER X - GRANTS FOR NATIVE AMERICANS

Part B - Native Hawaiian Program

-HEAD-

Sec. 3057j. Application

-STATUTE-

(a) Approval criteria; provisions and assurances

No grant may be made under this part unless the public or

nonprofit private organization submits an application to the

Assistant Secretary which meets such criteria as the Assistant

Secretary may by regulation prescribe. Each such application shall

-

(1) provide that the organization will evaluate the need for

supportive and nutrition services among older Native Hawaiians to

be represented by the organization;

(2) provide for the use of such methods of administration as

are necessary for the proper and efficient administration of the

program to be assisted;

(3) provide assurances that the organization will coordinate

its activities with the State agency on aging and with the

activities carried out under subchapter III of this chapter in

the same geographical area;

(4) provide that the organization will make such reports in

such form and containing such information as the Assistant

Secretary may reasonably require, and comply with such

requirements as the Assistant Secretary may impose to ensure the

correctness of such reports;

(5) provide for periodic evaluation of activities and projects

carried out under the application;

(6) establish objectives, consistent with the purpose of this

subchapter, toward which activities described in the application

will be directed, identify obstacles to the attainment of such

objectives, and indicate the manner in which the organization

proposes to overcome such obstacles;

(7) provide for establishing and maintaining information and

assistance services to assure that older Native Hawaiians to be

served by the assistance made available under this part will have

reasonably convenient access to such services;

(8) provide a preference for Native Hawaiians 60 years of age

and older for full or part-time staff positions wherever

feasible;

(9) provide that any legal or ombudsman services made available

to older Native Hawaiians represented by the nonprofit private

organization will be substantially in compliance with the

provisions of subchapter III of this chapter relating to the

furnishing and similar services; and

(10) provide satisfactory assurances that the fiscal control

and fund accounting procedures will be adopted as may be

necessary to assure proper disbursement of, and accounting for,

Federal funds paid under this part to the nonprofit private

organization, including any funds paid by the organization to a

recipient of a grant or contract.

(b) Approval by Assistant Secretary

The Assistant Secretary shall approve any application which

complies with the provisions of subsection (a) of this section.

(c) Disapproval by Assistant Secretary

Whenever the Assistant Secretary determines not to approve an

application submitted under subsection (a) of this section the

Assistant Secretary shall -

(1) state objections in writing to the nonprofit private

organization within 60 days after such decision;

(2) provide to the extent practicable technical assistance to

the nonprofit private organization to overcome such stated

objections; and

(3) provide the organization with a hearing under such rules

and regulations as the Assistant Secretary may prescribe.

(d) Funds per year

Whenever the Assistant Secretary approves an application of a

nonprofit private or public organization under this part funds

shall be awarded for not less than 12 months.

-SOURCE-

(Pub. L. 89-73, title VI, Sec. 624, as added Pub. L. 100-175, title

I, Sec. 171, Nov. 29, 1987, 101 Stat. 962; amended Pub. L. 102-375,

title I, Sec. 102(b)(4), title VI, Sec. 603, Sept. 30, 1992, 106

Stat. 1201, 1270; Pub. L. 103-171, Sec. 3(a)(13), Dec. 2, 1993, 107

Stat. 1990.)

-MISC1-

AMENDMENTS

1993 - Pub. L. 103-171 substituted "Assistant Secretary" for

"Commissioner" wherever appearing.

1992 - Subsec. (a)(3). Pub. L. 102-375, Sec. 603, inserted before

semicolon at end "and with the activities carried out under

subchapter III of this chapter in the same geographical area".

Subsec. (a)(7). Pub. L. 102-375, Sec. 102(b)(4), substituted

"information and assistance" for "information and referral".

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by section 603 of Pub. L. 102-375 inapplicable to

fiscal year 1992, see section 905(b)(5) of Pub. L. 102-375, set out

as a note under section 3001 of this title.

-End-

-CITE-

42 USC Sec. 3057j-1 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER X - GRANTS FOR NATIVE AMERICANS

Part B - Native Hawaiian Program

-HEAD-

Sec. 3057j-1. Distribution of funds among organizations

-STATUTE-

Subject to the availability of appropriations to carry out this

part, the amount of the grant (if any) made under this part to an

organization for fiscal year 1992 and for each subsequent fiscal

year shall be not less than the amount of the grant made under this

part to the organization for fiscal year 1991.

-SOURCE-

(Pub. L. 89-73, title VI, Sec. 624A, as added Pub. L. 102-375,

title VI, Sec. 604, Sept. 30, 1992, 106 Stat. 1270.)

-End-

-CITE-

42 USC Sec. 3057k 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER X - GRANTS FOR NATIVE AMERICANS

Part B - Native Hawaiian Program

-HEAD-

Sec. 3057k. "Native Hawaiian" defined

-STATUTE-

For the purpose of this part, the term "Native Hawaiian" means

any individual any of whose ancestors were natives of the area

which consists of the Hawaiian Islands prior to 1778.

-SOURCE-

(Pub. L. 89-73, title VI, Sec. 625, as added Pub. L. 100-175, title

I, Sec. 171, Nov. 29, 1987, 101 Stat. 963.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3002 of this title.

-End-

-CITE-

42 USC Part C - Native American Caregiver Support Program 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER X - GRANTS FOR NATIVE AMERICANS

Part C - Native American Caregiver Support Program

-HEAD-

PART C - NATIVE AMERICAN CAREGIVER SUPPORT PROGRAM

-MISC1-

PRIOR PROVISIONS

A prior part C, consisting of sections 3057l to 3057n of this

title, was redesignated part D of this subchapter.

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in section 3057n of this title.

-End-

-CITE-

42 USC Sec. 3057k-11 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER X - GRANTS FOR NATIVE AMERICANS

Part C - Native American Caregiver Support Program

-HEAD-

Sec. 3057k-11. Program

-STATUTE-

(a) In general

The Assistant Secretary shall carry out a program for making

grants to tribal organizations with applications approved under

parts A and B of this subchapter, to pay for the Federal share of

carrying out tribal programs, to enable the tribal organizations to

provide multifaceted systems of the support services described in

section 3030s-1 of this title for caregivers described in section

3030s-1 of this title.

(b) Requirements

In providing services under subsection (a) of this section, a

tribal organization shall meet the requirements specified for an

area agency on aging and for a State in the provisions of

subsections (c), (d), and (e) of section 3030s-1 of this title and

of section 3030s-2 of this title. For purposes of this subsection,

references in such provisions to a State program shall be

considered to be references to a tribal program under this part.

-SOURCE-

(Pub. L. 89-73, title VI, Sec. 631, as added Pub. L. 106-501, title

VI, Sec. 604(3), Nov. 13, 2000, 114 Stat. 2288.)

-MISC1-

PRIOR PROVISIONS

A prior section 631 of Pub. L. 89-73 was renumbered section 641

and is classified to section 3057l of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3057c of this title.

-End-

-CITE-

42 USC Part D - General Provisions 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER X - GRANTS FOR NATIVE AMERICANS

Part D - General Provisions

-HEAD-

PART D - GENERAL PROVISIONS

-COD-

CODIFICATION

Pub. L. 106-501, title VI, Sec. 604(1), Nov. 13, 2000, 114 Stat.

2288, redesignated part C of this subchapter as part D.

-End-

-CITE-

42 USC Sec. 3057l 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER X - GRANTS FOR NATIVE AMERICANS

Part D - General Provisions

-HEAD-

Sec. 3057l. Administration

-STATUTE-

In establishing regulations for the purpose of part A of this

subchapter the Assistant Secretary shall consult with the Secretary

of the Interior.

-SOURCE-

(Pub. L. 89-73, title VI, Sec. 641, formerly Sec. 631, as added

Pub. L. 100-175, title I, Sec. 171, Nov. 29, 1987, 101 Stat. 963;

amended Pub. L. 103-171, Sec. 3(a)(13), Dec. 2, 1993, 107 Stat.

1990; renumbered Sec. 641, Pub. L. 106-501, title VI, Sec. 604(2),

Nov. 13, 2000, 114 Stat. 2288.)

-MISC1-

AMENDMENTS

1993 - Pub. L. 103-171 substituted "Assistant Secretary" for

"Commissioner".

-End-

-CITE-

42 USC Sec. 3057m 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER X - GRANTS FOR NATIVE AMERICANS

Part D - General Provisions

-HEAD-

Sec. 3057m. Payments

-STATUTE-

Payments may be made under this subchapter (after necessary

adjustments, in the case of grants, on account of previously made

overpayments or underpayments) in advance or by way of

reimbursement in such installments and on such conditions, as the

Assistant Secretary may determine.

-SOURCE-

(Pub. L. 89-73, title VI, Sec. 642, formerly Sec. 632, as added

Pub. L. 100-175, title I, Sec. 171, Nov. 29, 1987, 101 Stat. 963;

amended Pub. L. 103-171, Sec. 3(a)(13), Dec. 2, 1993, 107 Stat.

1990; renumbered Sec. 642, Pub. L. 106-501, title VI, Sec. 604(2),

Nov. 13, 2000, 114 Stat. 2288.)

-MISC1-

AMENDMENTS

1993 - Pub. L. 103-171 substituted "Assistant Secretary" for

"Commissioner".

-End-

-CITE-

42 USC Sec. 3057n 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER X - GRANTS FOR NATIVE AMERICANS

Part D - General Provisions

-HEAD-

Sec. 3057n. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated to carry out this

subchapter -

(1) for parts A and B of this subchapter, such sums as may be

necessary for fiscal year 2001, and such sums as may be necessary

for subsequent fiscal years; and

(2) for part C of this subchapter, $5,000,000 for fiscal year

2001, and such sums as may be necessary for subsequent fiscal

years.

-SOURCE-

(Pub. L. 89-73, title VI, Sec. 643, formerly Sec. 633, as added

Pub. L. 100-175, title I, Sec. 171, Nov. 29, 1987, 101 Stat. 963;

amended Pub. L. 102-375, title VI, Sec. 605, Sept. 30, 1992, 106

Stat. 1270; renumbered Sec. 643 and amended Pub. L. 106-501, title

VI, Secs. 603, 604(2), Nov. 13, 2000, 114 Stat. 2288.)

-MISC1-

AMENDMENTS

2000 - Pub. L. 106-501, Sec. 603, amended section catchline and

text generally, substituting provisions authorizing appropriations

for fiscal year 2001 and subsequent years for provisions

authorizing appropriations for fiscal years 1992 through 1995.

1992 - Pub. L. 102-375 amended section generally, substituting

provisions authorizing appropriations of $30,000,000 for fiscal

year 1992 and such sums as may be necessary for fiscal years 1993,

1994, and 1995, and designating 90 percent of such appropriations

to carry out part A of this subchapter and 10 percent of such

appropriations to carry out part B of this subchapter for

provisions authorizing appropriations of $13,400,000 for fiscal

year 1988, $16,265,000 for fiscal year 1989, $19,133,000 for fiscal

year 1990, and $22,105,000 for fiscal year 1991, designating over

90 percent of such appropriations to carry out part A of this

subchapter and less than 10 percent of such appropriations to carry

out part B of this subchapter, along with provisions providing a

preference for funding of such part A if actual amounts of

appropriations fall below 1987 levels and a preference for funding

of such part B if the actual amounts of appropriations exceed 1987

levels.

-End-

-CITE-

42 USC SUBCHAPTER XI - ALLOTMENTS FOR VULNERABLE ELDER

RIGHTS PROTECTION ACTIVITIES 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER XI - ALLOTMENTS FOR VULNERABLE ELDER RIGHTS PROTECTION

ACTIVITIES

-HEAD-

SUBCHAPTER XI - ALLOTMENTS FOR VULNERABLE ELDER RIGHTS PROTECTION

ACTIVITIES

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 1395i-3, 1396r, 3018,

3027, 3032b of this title.

-End-

-CITE-

42 USC Part A - State Provisions 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER XI - ALLOTMENTS FOR VULNERABLE ELDER RIGHTS PROTECTION

ACTIVITIES

Part A - State Provisions

-HEAD-

PART A - STATE PROVISIONS

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in section 3058bb of this title.

-End-

-CITE-

42 USC subpart i - general state provisions 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER XI - ALLOTMENTS FOR VULNERABLE ELDER RIGHTS PROTECTION

ACTIVITIES

Part A - State Provisions

subpart i - general state provisions

-HEAD-

SUBPART I - GENERAL STATE PROVISIONS

-End-

-CITE-

42 USC Sec. 3058 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER XI - ALLOTMENTS FOR VULNERABLE ELDER RIGHTS PROTECTION

ACTIVITIES

Part A - State Provisions

subpart i - general state provisions

-HEAD-

Sec. 3058. Establishment

-STATUTE-

The Assistant Secretary, acting through the Administration, shall

establish and carry out a program for making allotments to States

to pay for the cost of carrying out vulnerable elder rights

protection activities.

-SOURCE-

(Pub. L. 89-73, title VII, Sec. 701, as added Pub. L. 102-375,

title VII, Sec. 701, Sept. 30, 1992, 106 Stat. 1271; amended Pub.

L. 103-171, Sec. 3(a)(13), Dec. 2, 1993, 107 Stat. 1990.)

-MISC1-

PRIOR PROVISIONS

A prior section 3058, Pub. L. 89-73, title VII, Sec. 702, as

added Pub. L. 98-459, title VII, Sec. 701, Oct. 9, 1984, 98 Stat.

1788, related to Congressional declaration of findings, prior to

repeal by Pub. L. 100-175, title I, Sec. 181, title VII, Sec.

701(a), (b), Nov. 29, 1987, 101 Stat. 964, 983, effective Oct. 1,

1987, with certain exceptions.

A prior section 701 of title VII of Pub. L. 89-73, as added by

Pub. L. 98-459, title VII, Sec. 701, Oct. 9, 1984, 98 Stat. 1788,

provided that this subchapter be cited as the "Older Americans

Personal Health Education and Training Act", prior to repeal by

Pub. L. 100-175, title I, Sec. 181, title VII, Sec. 701(a), (b),

Nov. 29, 1987, 101 Stat. 964, 983, effective Oct. 1, 1987, with

certain exceptions.

Another prior section 701 of Pub. L. 89-73 was classified to

section 3045 of this title prior to repeal by Pub. L. 95-478.

AMENDMENTS

1993 - Pub. L. 103-171 substituted "Assistant Secretary" for

"Commissioner".

EFFECTIVE DATE

Subchapter inapplicable with respect to fiscal year 1993, see

section 4(b) of Pub. L. 103-171, set out as an Effective Date of

1992 Amendment note under section 3001 of this title.

Subchapter inapplicable with respect to fiscal year 1992, see

section 905(b)(6) of Pub. L. 102-375, set out as an Effective Date

of 1992 Amendment note under section 3001 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3058b of this title.

-End-

-CITE-

42 USC Sec. 3058a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER XI - ALLOTMENTS FOR VULNERABLE ELDER RIGHTS PROTECTION

ACTIVITIES

Part A - State Provisions

subpart i - general state provisions

-HEAD-

Sec. 3058a. Authorization of appropriations

-STATUTE-

(a) Ombudsman program

There are authorized to be appropriated to carry out subpart II

of this part, such sums as may be necessary for fiscal year 2001,

and such sums as may be necessary for subsequent fiscal years.

(b) Prevention of elder abuse, neglect, and exploitation

There are authorized to be appropriated to carry out subpart III

of this part, such sums as may be necessary for fiscal year 2001,

and such sums as may be necessary for subsequent fiscal years.

(c) Legal assistance development program

There are authorized to be appropriated to carry out subpart IV

of this part, such sums as may be necessary for fiscal year 2001,

and such sums as may be necessary for subsequent fiscal years.

-SOURCE-

(Pub. L. 89-73, title VII, Sec. 702, as added Pub. L. 102-375,

title VII, Sec. 701, Sept. 30, 1992, 106 Stat. 1271; amended Pub.

L. 106-501, title VII, Sec. 701, Nov. 13, 2000, 114 Stat. 2289.)

-MISC1-

PRIOR PROVISIONS

A prior section 3058a, Pub. L. 89-73, title VII, Sec. 703, as

added Pub. L. 98-459, title VII, Sec. 701, Oct. 9, 1984, 98 Stat.

1789, related to statement of purposes, prior to repeal by Pub. L.

100-175, title I, Sec. 181, title VIII, Sec. 701(a), (b), Nov. 29,

1987, 101 Stat. 964, 983, effective Oct. 1, 1987, with certain

exceptions.

A prior section 702 of Pub. L. 89-73 was classified to section

3045a of this title prior to repeal by Pub. L. 95-478.

AMENDMENTS

2000 - Pub. L. 106-501 amended section catchline and text

generally, substituting provisions authorizing appropriations for

subparts II, III, and IV of this part for fiscal year 2001 and

subsequent fiscal years for provisions authorizing appropriations

for subparts II, III, IV, and V of this part for fiscal years 1992

through 1995.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3058b, 3058g, 3058i of

this title.

-End-

-CITE-

42 USC Sec. 3058b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER XI - ALLOTMENTS FOR VULNERABLE ELDER RIGHTS PROTECTION

ACTIVITIES

Part A - State Provisions

subpart i - general state provisions

-HEAD-

Sec. 3058b. Allotment

-STATUTE-

(a) In general

(1) Population

In carrying out the program described in section 3058 of this

title, the Assistant Secretary shall initially allot to each

State, from the funds appropriated under section 3058a of this

title for each fiscal year, an amount that bears the same ratio

to the funds as the population of older individuals in the State

bears to the population of older individuals in all States.

(2) Minimum allotments

(A) In general

After making the initial allotments described in paragraph

(1), the Assistant Secretary shall adjust the allotments on a

pro rata basis in accordance with subparagraphs (B) and (C).

(B) General minimum allotments

(i) Minimum allotment for States

No State shall be allotted less than one-half of 1 percent

of the funds appropriated under section 3058a of this title

for the fiscal year for which the determination is made.

(ii) Minimum allotment for territories

Guam, the United States Virgin Islands, and the Trust

Territory of the Pacific Islands, shall each be allotted not

less than one-fourth of 1 percent of the funds appropriated

under section 3058a of this title for the fiscal year for

which the determination is made. American Samoa and the

Commonwealth of the Northern Mariana Islands shall each be

allotted not less than one-sixteenth of 1 percent of the sum

appropriated under section 3058a of this title for the fiscal

year for which the determination is made.

(C) Minimum allotments for ombudsman and elder abuse programs

(i) Ombudsman program

No State shall be allotted for a fiscal year, from the

funds appropriated under section 3058a of this title and made

available to carry out subpart II of this part, less than the

amount allotted to the State under section 3024 of this title

in fiscal year 2000 to carry out the State Long-Term Care

Ombudsman program under subchapter III of this chapter.

(ii) Elder abuse programs

No State shall be allotted for a fiscal year, from the

funds appropriated under section 3058a of this title and made

available to carry out subpart III of this part, less than

the amount allotted to the State under section 3024 of this

title in fiscal year 2000 to carry out programs with respect

to the prevention of elder abuse, neglect, and exploitation

under subchapter III of this chapter.

(D) "State" defined

For the purposes of this paragraph, the term "State" does not

include Guam, American Samoa, the United States Virgin Islands,

the Trust Territory of the Pacific Islands, and the

Commonwealth of the Northern Mariana Islands.

(b) Reallotment

(1) In general

If the Assistant Secretary determines that any amount allotted

to a State for a fiscal year under this section will not be used

by the State for carrying out the purpose for which the allotment

was made, the Assistant Secretary shall make the amount available

to a State that the Assistant Secretary determines will be able

to use the amount for carrying out the purpose.

(2) Availability

Any amount made available to a State from an appropriation for

a fiscal year in accordance with paragraph (1) shall, for

purposes of this part, be regarded as part of the allotment of

the State (as determined under subsection (a) of this section)

for the year, but shall remain available until the end of the

succeeding fiscal year.

(c) Withholding

If the Assistant Secretary finds that any State has failed to

carry out this subchapter in accordance with the assurances made

and description provided under section 3058d of this title, the

Assistant Secretary shall withhold the allotment of funds to the

State. The Assistant Secretary shall disburse the funds withheld

directly to any public or nonprofit private institution or

organization, agency, or political subdivision of the State

submitting an approved plan containing the assurances and

description.

-SOURCE-

(Pub. L. 89-73, title VII, Sec. 703, as added Pub. L. 102-375,

title VII, Sec. 701, Sept. 30, 1992, 106 Stat. 1271; amended Pub.

L. 103-171, Sec. 3(a)(13), Dec. 2, 1993, 107 Stat. 1990; Pub. L.

106-501, title VII, Sec. 702, title VIII, Sec. 801(e)(1), Nov. 13,

2000, 114 Stat. 2289, 2293.)

-MISC1-

PRIOR PROVISIONS

A prior section 3058b, Pub. L. 89-73, title VII, Sec. 704, as

added Pub. L. 98-459, title VII, Sec. 701, Oct. 9, 1984, 98 Stat.

1789, related to older Americans personal health education and

training program, prior to repeal by Pub. L. 100-175, title I, Sec.

181, title VII, Sec. 701(a), (b), Nov. 29, 1987, 101 Stat. 964,

983, effective Oct. 1, 1987, with certain exceptions.

A prior section 703 of Pub. L. 89-73 was classified to section

3045b of this title prior to repeal by Pub. L. 95-478.

AMENDMENTS

2000 - Subsec. (a)(2)(C)(i). Pub. L. 106-501, Secs. 702,

801(e)(1)(A), substituted "section 3058a of this title and made

available to carry out subpart II of this part" for "section

3058a(a) of this title" and "2000" for "1991".

Subsec. (a)(2)(C)(ii). Pub. L. 106-501, Secs. 702, 801(e)(1)(B),

substituted "section 3058a of this title and made available to

carry out subpart III of this part" for "section 3058a(b) of this

title" and "2000" for "1991".

1993 - Pub. L. 103-171 substituted "Assistant Secretary" for

"Commissioner" wherever appearing.

-TRANS-

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3058g, 3058i of this

title.

-End-

-CITE-

42 USC Sec. 3058c 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER XI - ALLOTMENTS FOR VULNERABLE ELDER RIGHTS PROTECTION

ACTIVITIES

Part A - State Provisions

subpart i - general state provisions

-HEAD-

Sec. 3058c. Organization

-STATUTE-

In order for a State to be eligible to receive allotments under

this part -

(1) the State shall demonstrate eligibility under section 3025

of this title;

(2) the State agency designated by the State shall demonstrate

compliance with the applicable requirements of section 3025 of

this title; and

(3) each area agency on aging designated by the State agency

and participating in such a program shall demonstrate compliance

with the applicable requirements of section 3025 of this title.

-SOURCE-

(Pub. L. 89-73, title VII, Sec. 704, as added Pub. L. 102-375,

title VII, Sec. 701, Sept. 30, 1992, 106 Stat. 1273.)

-MISC1-

PRIOR PROVISIONS

A prior section 3058c, Pub. L. 89-73, title VII, Sec. 705, as

added Pub. L. 98-459, title VII, Sec. 701, Oct. 9, 1984, 98 Stat.

1791, related to administration of program, prior to repeal by Pub.

L. 100-175, title I, Sec. 181, title VII, Sec. 701(a), (b), Nov.

29, 1987, 101 Stat. 964, 983, effective Oct. 1, 1987, with certain

exceptions.

A prior section 704 of Pub. L. 89-73 was classified to section

3045c of this title prior to repeal by Pub. L. 95-478.

-End-

-CITE-

42 USC Sec. 3058d 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER XI - ALLOTMENTS FOR VULNERABLE ELDER RIGHTS PROTECTION

ACTIVITIES

Part A - State Provisions

subpart i - general state provisions

-HEAD-

Sec. 3058d. Additional State plan requirements

-STATUTE-

(a) Eligibility

In order to be eligible to receive an allotment under this part,

a State shall include in the State plan submitted under section

3027 of this title -

(1) an assurance that the State, in carrying out any subpart of

this part for which the State receives funding under this part,

will establish programs in accordance with the requirements of

the subpart and this subpart;

(2) an assurance that the State will hold public hearings, and

use other means, to obtain the views of older individuals, area

agencies on aging, recipients of grants under subchapter X of

this chapter, and other interested persons and entities regarding

programs carried out under this part;

(3) an assurance that the State, in consultation with area

agencies on aging, will identify and prioritize statewide

activities aimed at ensuring that older individuals have access

to, and assistance in securing and maintaining, benefits and

rights;

(4) an assurance that the State will use funds made available

under this part for a subpart in addition to, and will not

supplant, any funds that are expended under any Federal or State

law in existence on the day before September 30, 1992, to carry

out each of the vulnerable elder rights protection activities

described in the subpart;

(5) an assurance that the State will place no restrictions,

other than the requirements referred to in clauses (i) through

(iv) of section 3058g(a)(5)(C) of this title, on the eligibility

of entities for designation as local Ombudsman entities under

section 3058g(a)(5) of this title;

(6) an assurance that, with respect to programs for the

prevention of elder abuse, neglect, and exploitation under

subpart III of this part -

(A) in carrying out such programs the State agency will

conduct a program of services consistent with relevant State

law and coordinated with existing State adult protective

service activities for -

(i) public education to identify and prevent elder abuse;

(ii) receipt of reports of elder abuse;

(iii) active participation of older individuals

participating in programs under this chapter through

outreach, conferences, and referral of such individuals to

other social service agencies or sources of assistance if

appropriate and if the individuals to be referred consent;

and

(iv) referral of complaints to law enforcement or public

protective service agencies if appropriate;

(B) the State will not permit involuntary or coerced

participation in the program of services described in

subparagraph (A) by alleged victims, abusers, or their

households; and

(C) all information gathered in the course of receiving

reports and making referrals shall remain confidential except -

(i) if all parties to such complaint consent in writing to

the release of such information;

(ii) if the release of such information is to a law

enforcement agency, public protective service agency,

licensing or certification agency, ombudsman program, or

protection or advocacy system; or

(iii) upon court order; and

(7) a description of the manner in which the State agency will

carry out this subchapter in accordance with the assurances

described in paragraphs (1) through (6).

(b) Privilege

Neither a State, nor a State agency, may require any provider of

legal assistance under this part to reveal any information that is

protected by the attorney-client privilege.

-SOURCE-

(Pub. L. 89-73, title VII, Sec. 705, as added Pub. L. 102-375,

title VII, Sec. 701, Sept. 30, 1992, 106 Stat. 1273; amended Pub.

L. 103-171, Sec. 3(a)(13), Dec. 2, 1993, 107 Stat. 1990; Pub. L.

106-501, title VII, Sec. 703, Nov. 13, 2000, 114 Stat. 2289.)

-MISC1-

PRIOR PROVISIONS

A prior section 3058d, Pub. L. 89-73, title VII, Sec. 706, as

added Pub. L. 98-459, title VII, Sec. 701, Oct. 9, 1984, 98 Stat.

1791, authorized appropriations for fiscal years 1985, 1986, and

1987, prior to repeal by Pub. L. 100-175, title I, Sec. 181, title

VII, Sec. 701(a), (b), Nov. 29, 1987, 101 Stat. 964, 983, effective

Oct. 1, 1987, with certain exceptions.

A prior section 705 of Pub. L. 89-73 was classified to section

3045d of this title prior to repeal by Pub. L. 95-478.

AMENDMENTS

2000 - Subsec. (a)(4). Pub. L. 106-501, Sec. 703(1), inserted

"each of" after "carry out".

Subsec. (a)(6)(C)(iii). Pub. L. 106-501, Sec. 703(2), inserted

"and" at end.

Subsec. (a)(7), (8). Pub. L. 106-501, Sec. 703(3) to (5),

redesignated par. (8) as (7), substituted "paragraphs (1) through

(6)" for "paragraphs (1) through (7)", and struck out former par.

(7) which required inclusion in the State plan of assurances that

the State agency would make funds available to carry out subpart V,

giving priority to area agencies on aging based on greatest need

for funds, would require certain conditions of eligibility, would

distribute eligibility information to area agencies on aging, and

would submit certain reports.

1993 - Subsec. (a)(7)(D). Pub. L. 103-171 substituted "Assistant

Secretary" for "Commissioner".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3027, 3058b of this

title.

-End-

-CITE-

42 USC Sec. 3058e 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER XI - ALLOTMENTS FOR VULNERABLE ELDER RIGHTS PROTECTION

ACTIVITIES

Part A - State Provisions

subpart i - general state provisions

-HEAD-

Sec. 3058e. Demonstration projects

-STATUTE-

(a) Establishment

From amounts made available under section 3024(d)(1)(C) of this

title after September 30, 1992, each State may provide for the

establishment of at least one demonstration project, to be

conducted by one or more area agencies on aging within the State,

for outreach to older individuals with greatest economic need with

respect to -

(1) benefits available under title XVI of the Social Security

Act (42 U.S.C. 1381 et seq.) (or assistance under a State program

established in accordance with such title);

(2) medical assistance available under title XIX of such Act

(42 U.S.C. 1396 et seq.); and

(3) benefits available under the Food Stamp Act of 1977 (7

U.S.C. 2011 et seq.).

(b) Benefits

Each outreach project carried out under subsection (a) of this

section shall -

(1) provide to older individuals with greatest economic need

information and assistance regarding their eligibility to receive

the benefits and assistance described in paragraphs (1) through

(3) of subsection (a) of this section;

(2) be carried out in a planning and service area that has a

high proportion of older individuals with greatest economic need,

relative to the aggregate number of older individuals in such

area; and

(3) be coordinated with State and local entities that

administer benefits under such titles.

-SOURCE-

(Pub. L. 89-73, title VII, Sec. 706, as added Pub. L. 102-375,

title VII, Sec. 701, Sept. 30, 1992, 106 Stat. 1275.)

-REFTEXT-

REFERENCES IN TEXT

The Social Security Act, referred to in subsec. (a)(1), (2), is

act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Titles XVI

and XIX of the Act are classified generally to subchapters XVI

(Sec. 1381 et seq.) and XIX (Sec. 1396 et seq.), respectively, of

chapter 7 of this title. For complete classification of this Act to

the Code, see section 1305 of this title and Tables.

The Food Stamp Act of 1977, referred to in subsec. (a)(3), is

Pub. L. 88-525, Aug. 31, 1964, 78 Stat. 703, as amended, which is

classified generally to chapter 51 (Sec. 2011 et seq.) of Title 7,

Agriculture. For complete classification of this Act to the Code,

see Short Title note set out under section 2011 of Title 7 and

Tables.

-MISC1-

PRIOR PROVISIONS

A prior section 706 of Pub. L. 89-73 was classified to section

3045e of this title prior to repeal by Pub. L. 95-478.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3024 of this title.

-End-

-CITE-

42 USC subpart ii - ombudsman programs 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER XI - ALLOTMENTS FOR VULNERABLE ELDER RIGHTS PROTECTION

ACTIVITIES

Part A - State Provisions

subpart ii - ombudsman programs

-HEAD-

SUBPART II - OMBUDSMAN PROGRAMS

-SECREF-

SUBPART REFERRED TO IN OTHER SECTIONS

This subpart is referred to in sections 3058a, 3058b, 3058i of

this title.

-End-

-CITE-

42 USC Sec. 3058f 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER XI - ALLOTMENTS FOR VULNERABLE ELDER RIGHTS PROTECTION

ACTIVITIES

Part A - State Provisions

subpart ii - ombudsman programs

-HEAD-

Sec. 3058f. Definitions

-STATUTE-

As used in this subpart:

(1) Office

The term "Office" means the office established in section

3058g(a)(1)(A) of this title.

(2) Ombudsman

The term "Ombudsman" means the individual described in section

3058g(a)(2) of this title.

(3) Local Ombudsman entity

The term "local Ombudsman entity" means an entity designated

under section 3058g(a)(5)(A) of this title to carry out the

duties described in section 3058g(a)(5)(B) of this title with

respect to a planning and service area or other substate area.

(4) Program

The term "program" means the State Long-Term Care Ombudsman

program established in section 3058g(a)(1)(B) of this title.

(5) Representative

The term "representative" includes an employee or volunteer who

represents an entity designated under section 3058g(a)(5)(A) of

this title and who is individually designated by the Ombudsman.

(6) Resident

The term "resident" means an older individual who resides in a

long-term care facility.

-SOURCE-

(Pub. L. 89-73, title VII, Sec. 711, as added Pub. L. 102-375,

title VII, Sec. 702, Sept. 30, 1992, 106 Stat. 1275.)

-End-

-CITE-

42 USC Sec. 3058g 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER XI - ALLOTMENTS FOR VULNERABLE ELDER RIGHTS PROTECTION

ACTIVITIES

Part A - State Provisions

subpart ii - ombudsman programs

-HEAD-

Sec. 3058g. State Long-Term Care Ombudsman program

-STATUTE-

(a) Establishment

(1) In general

In order to be eligible to receive an allotment under section

3058b of this title from funds appropriated under section 3058a

of this title and made available to carry out this subpart, a

State agency shall, in accordance with this section -

(A) establish and operate an Office of the State Long-Term

Care Ombudsman; and

(B) carry out through the Office a State Long-Term Care

Ombudsman program.

(2) Ombudsman

The Office shall be headed by an individual, to be known as the

State Long-Term Care Ombudsman, who shall be selected from among

individuals with expertise and experience in the fields of

long-term care and advocacy.

(3) Functions

The Ombudsman shall serve on a full-time basis, and shall,

personally or through representatives of the Office -

(A) identify, investigate, and resolve complaints that -

(i) are made by, or on behalf of, residents; and

(ii) relate to action, inaction, or decisions, that may

adversely affect the health, safety, welfare, or rights of

the residents (including the welfare and rights of the

residents with respect to the appointment and activities of

guardians and representative payees), of -

(I) providers, or representatives of providers, of

long-term care services;

(II) public agencies; or

(III) health and social service agencies;

(B) provide services to assist the residents in protecting

the health, safety, welfare, and rights of the residents;

(C) inform the residents about means of obtaining services

provided by providers or agencies described in subparagraph

(A)(ii) or services described in subparagraph (B);

(D) ensure that the residents have regular and timely access

to the services provided through the Office and that the

residents and complainants receive timely responses from

representatives of the Office to complaints;

(E) represent the interests of the residents before

governmental agencies and seek administrative, legal, and other

remedies to protect the health, safety, welfare, and rights of

the residents;

(F) provide administrative and technical assistance to

entities designated under paragraph (5) to assist the entities

in participating in the program;

(G)(i) analyze, comment on, and monitor the development and

implementation of Federal, State, and local laws, regulations,

and other governmental policies and actions, that pertain to

the health, safety, welfare, and rights of the residents, with

respect to the adequacy of long-term care facilities and

services in the State;

(ii) recommend any changes in such laws, regulations,

policies, and actions as the Office determines to be

appropriate; and

(iii) facilitate public comment on the laws, regulations,

policies, and actions;

(H)(i) provide for training representatives of the Office;

(ii) promote the development of citizen organizations, to

participate in the program; and

(iii) provide technical support for the development of

resident and family councils to protect the well-being and

rights of residents; and

(I) carry out such other activities as the Assistant

Secretary determines to be appropriate.

(4) Contracts and arrangements

(A) In general

Except as provided in subparagraph (B), the State agency may

establish and operate the Office, and carry out the program,

directly, or by contract or other arrangement with any public

agency or nonprofit private organization.

(B) Licensing and certification organizations; associations

The State agency may not enter into the contract or other

arrangement described in subparagraph (A) with -

(i) an agency or organization that is responsible for

licensing or certifying long-term care services in the State;

or

(ii) an association (or an affiliate of such an

association) of long-term care facilities, or of any other

residential facilities for older individuals.

(5) Designation of local Ombudsman entities and representatives

(A) Designation

In carrying out the duties of the Office, the Ombudsman may

designate an entity as a local Ombudsman entity, and may

designate an employee or volunteer to represent the entity.

(B) Duties

An individual so designated shall, in accordance with the

policies and procedures established by the Office and the State

agency -

(i) provide services to protect the health, safety, welfare

(!1) and rights of residents;

(ii) ensure that residents in the service area of the

entity have regular, timely access to representatives of the

program and timely responses to complaints and requests for

assistance;

(iii) identify, investigate, and resolve complaints made by

or on behalf of residents that relate to action, inaction, or

decisions, that may adversely affect the health, safety,

welfare, or rights of the residents;

(iv) represent the interests of residents before government

agencies and seek administrative, legal, and other remedies

to protect the health, safety, welfare, and rights of the

residents;

(v)(I) review, and if necessary, comment on any existing

and proposed laws, regulations, and other government policies

and actions, that pertain to the rights and well-being of

residents; and

(II) facilitate the ability of the public to comment on the

laws, regulations, policies, and actions;

(vi) support the development of resident and family

councils; and

(vii) carry out other activities that the Ombudsman

determines to be appropriate.

(C) Eligibility for designation

Entities eligible to be designated as local Ombudsman

entities, and individuals eligible to be designated as

representatives of such entities, shall -

(i) have demonstrated capability to carry out the

responsibilities of the Office;

(ii) be free of conflicts of interest and not stand to gain

financially through an action or potential action brought on

behalf of individuals the Ombudsman serves;

(iii) in the case of the entities, be public or nonprofit

private entities; and

(iv) meet such additional requirements as the Ombudsman may

specify.

(D) Policies and procedures

(i) In general

The State agency shall establish, in accordance with the

Office, policies and procedures for monitoring local

Ombudsman entities designated to carry out the duties of the

Office.

(ii) Policies

In a case in which the entities are grantees, or the

representatives are employees, of area agencies on aging, the

State agency shall develop the policies in consultation with

the area agencies on aging. The policies shall provide for

participation and comment by the agencies and for resolution

of concerns with respect to case activity.

(iii) Confidentiality and disclosure

The State agency shall develop the policies and procedures

in accordance with all provisions of this part regarding

confidentiality and conflict of interest.

(b) Procedures for access

(1) In general

The State shall ensure that representatives of the Office shall

have -

(A) access to long-term care facilities and residents;

(B)(i) appropriate access to review the medical and social

records of a resident, if -

(I) the representative has the permission of the resident,

or the legal representative of the resident; or

(II) the resident is unable to consent to the review and

has no legal representative; or

(ii) access to the records as is necessary to investigate a

complaint if -

(I) a legal guardian of the resident refuses to give the

permission;

(II) a representative of the Office has reasonable cause to

believe that the guardian is not acting in the best interests

of the resident; and

(III) the representative obtains the approval of the

Ombudsman;

(C) access to the administrative records, policies, and

documents, to which the residents have, or the general public

has access, of long-term care facilities; and

(D) access to and, on request, copies of all licensing and

certification records maintained by the State with respect to

long-term care facilities.

(2) Procedures

The State agency shall establish procedures to ensure the

access described in paragraph (1).

(c) Reporting system

The State agency shall establish a statewide uniform reporting

system to -

(1) collect and analyze data relating to complaints and

conditions in long-term care facilities and to residents for the

purpose of identifying and resolving significant problems; and

(2) submit the data, on a regular basis, to -

(A) the agency of the State responsible for licensing or

certifying long-term care facilities in the State;

(B) other State and Federal entities that the Ombudsman

determines to be appropriate;

(C) the Assistant Secretary; and

(D) the National Ombudsman Resource Center established in

section 3012(a)(21) (!2) of this title.

(d) Disclosure

(1) In general

The State agency shall establish procedures for the disclosure

by the Ombudsman or local Ombudsman entities of files maintained

by the program, including records described in subsection (b)(1)

or (c) of this section.

(2) Identity of complainant or resident

The procedures described in paragraph (1) shall -

(A) provide that, subject to subparagraph (B), the files and

records described in paragraph (1) may be disclosed only at the

discretion of the Ombudsman (or the person designated by the

Ombudsman to disclose the files and records); and

(B) prohibit the disclosure of the identity of any

complainant or resident with respect to whom the Office

maintains such files or records unless -

(i) the complainant or resident, or the legal

representative of the complainant or resident, consents to

the disclosure and the consent is given in writing;

(ii)(I) the complainant or resident gives consent orally;

and

(II) the consent is documented contemporaneously in a

writing made by a representative of the Office in accordance

with such requirements as the State agency shall establish;

or

(iii) the disclosure is required by court order.

(e) Consultation

In planning and operating the program, the State agency shall

consider the views of area agencies on aging, older individuals,

and providers of long-term care.

(f) Conflict of interest

The State agency shall -

(1) ensure that no individual, or member of the immediate

family of an individual, involved in the designation of the

Ombudsman (whether by appointment or otherwise) or the

designation of an entity designated under subsection (a)(5) of

this section, is subject to a conflict of interest;

(2) ensure that no officer or employee of the Office,

representative of a local Ombudsman entity, or member of the

immediate family of the officer, employee, or representative, is

subject to a conflict of interest;

(3) ensure that the Ombudsman -

(A) does not have a direct involvement in the licensing or

certification of a long-term care facility or of a provider of

a long-term care service;

(B) does not have an ownership or investment interest

(represented by equity, debt, or other financial relationship)

in a long-term care facility or a long-term care service;

(C) is not employed by, or participating in the management

of, a long-term care facility; and

(D) does not receive, or have the right to receive, directly

or indirectly, remuneration (in cash or in kind) under a

compensation arrangement with an owner or operator of a

long-term care facility; and

(4) establish, and specify in writing, mechanisms to identify

and remove conflicts of interest referred to in paragraphs (1)

and (2), and to identify and eliminate the relationships

described in subparagraphs (A) through (D) of paragraph (3),

including such mechanisms as -

(A) the methods by which the State agency will examine

individuals, and immediate family members, to identify the

conflicts; and

(B) the actions that the State agency will require the

individuals and such family members to take to remove such

conflicts.

(g) Legal counsel

The State agency shall ensure that -

(1)(A) adequate legal counsel is available, and is able,

without conflict of interest, to -

(i) provide advice and consultation needed to protect the

health, safety, welfare, and rights of residents; and

(ii) assist the Ombudsman and representatives of the Office

in the performance of the official duties of the Ombudsman and

representatives; and

(B) legal representation is provided to any representative of

the Office against whom suit or other legal action is brought or

threatened to be brought in connection with the performance of

the official duties of the Ombudsman or such a representative;

and

(2) the Office pursues administrative, legal, and other

appropriate remedies on behalf of residents.

(h) Administration

The State agency shall require the Office to -

(1) prepare an annual report -

(A) describing the activities carried out by the Office in

the year for which the report is prepared;

(B) containing and analyzing the data collected under

subsection (c) of this section;

(C) evaluating the problems experienced by, and the

complaints made by or on behalf of, residents;

(D) containing recommendations for -

(i) improving quality of the care and life of the

residents; and

(ii) protecting the health, safety, welfare, and rights of

the residents;

(E)(i) analyzing the success of the program including success

in providing services to residents of board and care facilities

and other similar adult care facilities; and

(ii) identifying barriers that prevent the optimal operation

of the program; and

(F) providing policy, regulatory, and legislative

recommendations to solve identified problems, to resolve the

complaints, to improve the quality of care and life of

residents, to protect the health, safety, welfare, and rights

of residents, and to remove the barriers;

(2) analyze, comment on, and monitor the development and

implementation of Federal, State, and local laws, regulations,

and other government policies and actions that pertain to

long-term care facilities and services, and to the health,

safety, welfare, and rights of residents, in the State, and

recommend any changes in such laws, regulations, and policies as

the Office determines to be appropriate;

(3)(A) provide such information as the Office determines to be

necessary to public and private agencies, legislators, and other

persons, regarding -

(i) the problems and concerns of older individuals residing

in long-term care facilities; and

(ii) recommendations related to the problems and concerns;

and

(B) make available to the public, and submit to the Assistant

Secretary, the chief executive officer of the State, the State

legislature, the State agency responsible for licensing or

certifying long-term care facilities, and other appropriate

governmental entities, each report prepared under paragraph (1);

(4) strengthen and update procedures for the training of the

representatives of the Office, including unpaid volunteers, based

on model standards established by the Director of the Office of

Long-Term Care Ombudsman Programs, in consultation with

representatives of citizen groups, long-term care providers, and

the Office, that -

(A) specify a minimum number of hours of initial training;

(B) specify the content of the training, including training

relating to -

(i) Federal, State, and local laws, regulations, and

policies, with respect to long-term care facilities in the

State;

(ii) investigative techniques; and

(iii) such other matters as the State determines to be

appropriate; and

(C) specify an annual number of hours of in-service training

for all designated representatives;

(5) prohibit any representative of the Office (other than the

Ombudsman) from carrying out any activity described in

subparagraphs (A) through (G) of subsection (a)(3) of this

section unless the representative -

(A) has received the training required under paragraph (4);

and

(B) has been approved by the Ombudsman as qualified to carry

out the activity on behalf of the Office;

(6) coordinate ombudsman services with the protection and

advocacy systems for individuals with developmental disabilities

and mental illnesses established under -

(A) subtitle C of the Developmental Disabilities Assistance

and Bill of Rights Act of 2000 [42 U.S.C. 15041 et seq.]; and

(B) the Protection and Advocacy for Mentally Ill Individuals

Act of 1986 (!3) (42 U.S.C. 10801 et seq.);

(7) coordinate, to the greatest extent possible, ombudsman

services with legal assistance provided under section

3026(a)(2)(C) of this title, through adoption of memoranda of

understanding and other means;

(8) coordinate services with State and local law enforcement

agencies and courts of competent jurisdiction; and

(9) permit any local Ombudsman entity to carry out the

responsibilities described in paragraph (1), (2), (3), (6), or

(7).

(i) Liability

The State shall ensure that no representative of the Office will

be liable under State law for the good faith performance of

official duties.

(j) Noninterference

The State shall -

(1) ensure that willful interference with representatives of

the Office in the performance of the official duties of the

representatives (as defined by the Assistant Secretary) shall be

unlawful;

(2) prohibit retaliation and reprisals by a long-term care

facility or other entity with respect to any resident, employee,

or other person for filing a complaint with, providing

information to, or otherwise cooperating with any representative

of, the Office; and

(3) provide for appropriate sanctions with respect to the

interference, retaliation, and reprisals.

-SOURCE-

(Pub. L. 89-73, title VII, Sec. 712, as added Pub. L. 102-375,

title VII, Sec. 702, Sept. 30, 1992, 106 Stat. 1276; amended Pub.

L. 103-171, Sec. 3(a)(9), Dec. 2, 1993, 107 Stat. 1990; Pub. L.

106-402, title IV, Sec. 401(b)(9)(D), Oct. 30, 2000, 114 Stat.

1739; Pub. L. 106-501, title VII, Sec. 704, title VIII, Sec.

801(e)(2), Nov. 13, 2000, 114 Stat. 2289, 2293.)

-REFTEXT-

REFERENCES IN TEXT

Section 3012(a)(21) of this title, referred to in subsec.

(c)(2)(D), was redesignated section 3012(a)(18) of this title by

Pub. L. 106-501, title II, Sec. 201(1)(B), Nov. 13, 2000, 114 Stat.

2229.

The Developmental Disabilities Assistance and Bill of Rights Act

of 2000, referred to in subsec. (h)(6)(A), is Pub. L. 106-402, Oct.

30, 2000, 114 Stat. 1677. Subtitle C of the Act probably means

subtitle C of title I of the Act, which is classified generally to

part C (Sec. 15041 et seq.) of subchapter I of chapter 144 of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 15001 of this title and

Tables.

The Protection and Advocacy for Mentally Ill Individuals Act of

1986, referred to in subsec. (h)(6)(B), was Pub. L. 99-319, May 23,

1986, 100 Stat. 478, as amended. Pub. L. 99-319 was renamed the

Protection and Advocacy for Individuals with Mental Illness Act by

Pub. L. 106-310, div. B, title XXXII, Sec. 3206(a), Oct. 17, 2000,

114 Stat. 1193, and is classified generally to chapter 114 (Sec.

10801 et seq.) of this title. For complete classification of this

Act to the Code, see Short Title note set out under section 10801

of this title and Tables.

-MISC1-

AMENDMENTS

2000 - Subsec. (a)(1). Pub. L. 106-501, Sec. 801(e)(2),

substituted "section 3058a of this title and made available to

carry out this subpart" for "section 3058a(a) of this title" in

introductory provisions.

Subsec. (a)(5)(C)(ii). Pub. L. 106-501, Sec. 704(1), inserted

"and not stand to gain financially through an action or potential

action brought on behalf of individuals the Ombudsman serves" after

"interest".

Subsec. (h)(4). Pub. L. 106-501, Sec. 704(2)(A), substituted

"strengthen and update" for "(A) not later than 1 year after

September 30, 1992, establish" in introductory provisions,

redesignated cls. (i) and (ii) of former subpar. (A) as subpars.

(A) and (B), respectively, redesignated subcls. (I) to (III) of

former subpar. (A)(ii) as cls. (i) to (iii), respectively, of

subpar. (B), redesignated cl. (iii) of former subpar. (A) as

subpar. (C) and struck out "and" at end, and struck out former

subpar. (B) which read as follows: "require implementation of the

procedures not later than 21 months after September 30, 1992;".

Subsec. (h)(6)(A). Pub. L. 106-402 substituted "subtitle C of the

Developmental Disabilities Assistance and Bill of Rights Act of

2000" for "part A of the Developmental Disabilities Assistance and

Bill of Rights Act (42 U.S.C. 6001 et seq.)".

Subsec. (h)(8), (9). Pub. L. 106-501, Sec. 704(2)(B)-(D), added

par. (8) and redesignated former par. (8) as (9).

1993 - Subsecs. (a)(3)(I), (c)(2)(C), (h)(3)(B). Pub. L. 103-171,

Sec. 3(a)(9)(B), substituted "Assistant Secretary" for

"Commissioner".

Subsec. (h)(4)(A). Pub. L. 103-171, Sec. 3(a)(9)(A), substituted

"Director of the Office of Long-Term Care Ombudsman Programs" for

"Associate Commissioner for Ombudsman Programs".

Subsec. (j)(1). Pub. L. 103-171, Sec. 3(a)(9)(B), substituted

"Assistant Secretary" for "Commissioner".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1395i-3, 1396r, 3002,

3011, 3018, 3021, 3027, 3058d, 3058f, 3058h of this title.

-FOOTNOTE-

(!1) So in original. Probably should be followed by a comma.

(!2) See References in Text note below.

(!3) See References in Text note below.

-End-

-CITE-

42 USC Sec. 3058h 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER XI - ALLOTMENTS FOR VULNERABLE ELDER RIGHTS PROTECTION

ACTIVITIES

Part A - State Provisions

subpart ii - ombudsman programs

-HEAD-

Sec. 3058h. Regulations

-STATUTE-

The Assistant Secretary shall issue and periodically update

regulations respecting -

(1) conflicts of interest by persons described in paragraphs

(1) and (2) of section 3058g(f) of this title; and

(2) the relationships described in subparagraphs (A) through

(D) of section 3058g(f)(3) of this title.

-SOURCE-

(Pub. L. 89-73, title VII, Sec. 713, as added Pub. L. 102-375,

title VII, Sec. 702, Sept. 30, 1992, 106 Stat. 1282; amended Pub.

L. 103-171, Sec. 3(a)(13), Dec. 2, 1993, 107 Stat. 1990.)

-MISC1-

AMENDMENTS

1993 - Pub. L. 103-171 substituted "Assistant Secretary" for

"Commissioner".

-End-

-CITE-

42 USC subpart iii - programs for prevention of elder

abuse, neglect, and exploitation 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER XI - ALLOTMENTS FOR VULNERABLE ELDER RIGHTS PROTECTION

ACTIVITIES

Part A - State Provisions

subpart iii - programs for prevention of elder abuse, neglect, and

exploitation

-HEAD-

SUBPART III - PROGRAMS FOR PREVENTION OF ELDER ABUSE, NEGLECT, AND

EXPLOITATION

-SECREF-

SUBPART REFERRED TO IN OTHER SECTIONS

This subpart is referred to in sections 3030d, 3058a, 3058b,

3058d of this title.

-End-

-CITE-

42 USC Sec. 3058i 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER XI - ALLOTMENTS FOR VULNERABLE ELDER RIGHTS PROTECTION

ACTIVITIES

Part A - State Provisions

subpart iii - programs for prevention of elder abuse, neglect, and

exploitation

-HEAD-

Sec. 3058i. Prevention of elder abuse, neglect, and exploitation

-STATUTE-

(a) Establishment

In order to be eligible to receive an allotment under section

3058b of this title from funds appropriated under section 3058a of

this title and made available to carry out this subpart, a State

agency shall, in accordance with this section, and in consultation

with area agencies on aging, develop and enhance programs for the

prevention of elder abuse, neglect, and exploitation.

(b) Use of allotments

The State agency shall use an allotment made under subsection (a)

of this section to carry out, through the programs described in

subsection (a) of this section, activities to develop, strengthen,

and carry out programs for the prevention and treatment of elder

abuse, neglect, and exploitation (including financial

exploitation), including -

(1) providing for public education and outreach to identify and

prevent elder abuse, neglect, and exploitation;

(2) ensuring the coordination of services provided by area

agencies on aging with services instituted under the State adult

protection service program, State and local law enforcement

systems, and courts of competent jurisdiction;

(3) promoting the development of information and data systems,

including elder abuse reporting systems, to quantify the extent

of elder abuse, neglect, and exploitation in the State;

(4) conducting analyses of State information concerning elder

abuse, neglect, and exploitation and identifying unmet service,

enforcement, or intervention needs;

(5) conducting training for individuals, including caregivers

described in part E of subchapter III of this chapter,

professionals, and paraprofessionals, in relevant fields on the

identification, prevention, and treatment of elder abuse,

neglect, and exploitation, with particular focus on prevention

and enhancement of self-determination and autonomy;

(6) providing technical assistance to programs that provide or

have the potential to provide services for victims of elder

abuse, neglect, and exploitation and for family members of the

victims;

(7) conducting special and on-going training, for individuals

involved in serving victims of elder abuse, neglect, and

exploitation, on the topics of self-determination, individual

rights, State and Federal requirements concerning

confidentiality, and other topics determined by a State agency to

be appropriate; and

(8) promoting the development of an elder abuse, neglect, and

exploitation system -

(A) that includes a State elder abuse, neglect, and

exploitation law that includes provisions for immunity, for

persons reporting instances of elder abuse, neglect, and

exploitation, from prosecution arising out of such reporting,

under any State or local law;

(B) under which a State agency -

(i) on receipt of a report of known or suspected instances

of elder abuse, neglect, or exploitation, shall promptly

initiate an investigation to substantiate the accuracy of the

report; and

(ii) on a finding of elder abuse, neglect, or exploitation,

shall take steps, including appropriate referral, to protect

the health and welfare of the abused, neglected, or exploited

older individual;

(C) that includes, throughout the State, in connection with

the enforcement of elder abuse, neglect, and exploitation laws

and with the reporting of suspected instances of elder abuse,

neglect, and exploitation -

(i) such administrative procedures;

(ii) such personnel trained in the special problems of

elder abuse, neglect, and exploitation prevention and

treatment;

(iii) such training procedures;

(iv) such institutional and other facilities (public and

private); and

(v) such related multidisciplinary programs and services,

as may be necessary or appropriate to ensure that the State

will deal effectively with elder abuse, neglect, and

exploitation cases in the State;

(D) that preserves the confidentiality of records in order to

protect the rights of older individuals;

(E) that provides for the cooperation of law enforcement

officials, courts of competent jurisdiction, and State agencies

providing human services with respect to special problems of

elder abuse, neglect, and exploitation;

(F) that enables an older individual to participate in

decisions regarding the welfare of the older individual, and

makes the least restrictive alternatives available to an older

individual who is abused, neglected, or exploited; and

(G) that includes a State clearinghouse for dissemination of

information to the general public with respect to -

(i) the problems of elder abuse, neglect, and exploitation;

(ii) the facilities described in subparagraph (C)(iv); and

(iii) prevention and treatment methods available to combat

instances of elder abuse, neglect, and exploitation.

(c) Approach

In developing and enhancing programs under subsection (a) of this

section, the State agency shall use a comprehensive approach, in

consultation with area agencies on aging, to identify and assist

older individuals who are subject to abuse, neglect, and

exploitation, including older individuals who live in State

licensed facilities, unlicensed facilities, or domestic or

community-based settings.

(d) Coordination

In developing and enhancing programs under subsection (a) of this

section, the State agency shall coordinate the programs with other

State and local programs and services for the protection of

vulnerable adults, particularly vulnerable older individuals,

including programs and services such as -

(1) area agency on aging programs;

(2) adult protective service programs;

(3) the State Long-Term Care Ombudsman program established in

subpart II of this part;

(4) protection and advocacy programs;

(5) facility and long-term care provider licensure and

certification programs;

(6) medicaid fraud and abuse services, including services

provided by a State medicaid fraud control unit, as defined in

section 1396b(q) of this title;

(7) victim assistance programs; and

(8) consumer protection and State and local law enforcement

programs, as well as other State and local programs that identify

and assist vulnerable older individuals, and services provided by

agencies and courts of competent jurisdiction.

(e) Requirements

In developing and enhancing programs under subsection (a) of this

section, the State agency shall -

(1) not permit involuntary or coerced participation in such

programs by alleged victims, abusers, or members of their

households;

(2) require that all information gathered in the course of

receiving a report described in subsection (b)(8)(B)(i) of this

section, and making a referral described in subsection

(b)(8)(B)(ii) of this section, shall remain confidential except -

(A) if all parties to such complaint or report consent in

writing to the release of such information;

(B) if the release of such information is to a law

enforcement agency, public protective service agency, licensing

or certification agency, ombudsman program, or protection or

advocacy system; or

(C) upon court order; and

(3) make all reasonable efforts to resolve any conflicts with

other public agencies with respect to confidentiality of the

information described in paragraph (2) by entering into memoranda

of understanding that narrowly limit disclosure of information,

consistent with the requirement described in paragraph (2).

(f) Designation

The State agency may designate a State entity to carry out the

programs and activities described in this subpart.

(g) Study and report

(1) Study

The Secretary, in consultation with the Department of the

Treasury and the Attorney General of the United States, State

attorneys general, and tribal and local prosecutors, shall

conduct a study of the nature and extent of financial

exploitation of older individuals. The purpose of this study

would be to define and describe the scope of the problem of

financial exploitation of the elderly and to provide an estimate

of the number and type of financial transactions considered to

constitute financial exploitation faced by older individuals. The

study shall also examine the adequacy of current Federal and

State legal protections to prevent such exploitation.

(2) Report

Not later than 18 months after November 13, 2000, the Secretary

shall submit to Congress a report, which shall include -

(A) the results of the study conducted under this subsection;

and

(B) recommendations for future actions to combat the

financial exploitation of older individuals.

-SOURCE-

(Pub. L. 89-73, title VII, Sec. 721, as added Pub. L. 102-375,

title VII, Sec. 703(b), Sept. 30, 1992, 106 Stat. 1282; amended

Pub. L. 106-501, title VII, Sec. 705, title VIII, Sec. 801(e)(3),

Nov. 13, 2000, 114 Stat. 2290, 2293.)

-MISC1-

AMENDMENTS

2000 - Subsec. (a). Pub. L. 106-501, Sec. 801(e)(3), substituted

"section 3058a of this title and made available to carry out this

subpart" for "section 3058a(b) of this title".

Subsec. (b). Pub. L. 106-501, Sec. 705(1)(A), in introductory

provisions, inserted "(including financial exploitation)" after

"exploitation".

Subsec. (b)(2). Pub. L. 106-501, Sec. 705(1)(B), inserted ",

State and local law enforcement systems, and courts of competent

jurisdiction" after "service program".

Subsec. (b)(5). Pub. L. 106-501, Sec. 705(1)(C), inserted

"including caregivers described in part E of subchapter III of this

chapter," after "individuals,".

Subsec. (d)(8). Pub. L. 106-501, Sec. 705(2), inserted "State and

local" before "law enforcement programs" and ", and services

provided by agencies and courts of competent jurisdiction" before

period at end.

Subsec. (g). Pub. L. 106-501, Sec. 705(3), added subsec. (g).

DECLARATION OF PURPOSE

Section 703(a) of Pub. L. 102-375 provided that: "The purpose of

this section [enacting this subpart] is to assist States in the

design, development, and coordination of comprehensive services of

the State and local levels to prevent, treat, and remedy elder

abuse, neglect, and exploitation."

-End-

-CITE-

42 USC subpart iv - state legal assistance development

program 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER XI - ALLOTMENTS FOR VULNERABLE ELDER RIGHTS PROTECTION

ACTIVITIES

Part A - State Provisions

subpart iv - state legal assistance development program

-HEAD-

SUBPART IV - STATE LEGAL ASSISTANCE DEVELOPMENT PROGRAM

-SECREF-

SUBPART REFERRED TO IN OTHER SECTIONS

This subpart is referred to in section 3058a of this title.

-End-

-CITE-

42 USC Sec. 3058j 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER XI - ALLOTMENTS FOR VULNERABLE ELDER RIGHTS PROTECTION

ACTIVITIES

Part A - State Provisions

subpart iv - state legal assistance development program

-HEAD-

Sec. 3058j. State legal assistance development

-STATUTE-

A State agency shall provide the services of an individual who

shall be known as a State legal assistance developer, and the

services of other personnel, sufficient to ensure -

(1) State leadership in securing and maintaining the legal

rights of older individuals;

(2) State capacity for coordinating the provision of legal

assistance;

(3) State capacity to provide technical assistance, training,

and other supportive functions to area agencies on aging, legal

assistance providers, ombudsmen, and other persons, as

appropriate;

(4) State capacity to promote financial management services to

older individuals at risk of conservatorship;

(5) State capacity to assist older individuals in understanding

their rights, exercising choices, benefiting from services and

opportunities authorized by law, and maintaining the rights of

older individuals at risk of guardianship; and

(6) State capacity to improve the quality and quantity of legal

services provided to older individuals.

-SOURCE-

(Pub. L. 89-73, title VII, Sec. 731, as added Pub. L. 106-501,

title VII, Sec. 706, Nov. 13, 2000, 114 Stat. 2291.)

-MISC1-

PRIOR PROVISIONS

A prior section 3058j, Pub. L. 89-73, title VII, Sec. 731, as

added Pub. L. 102-375, title VII, Sec. 704, Sept. 30, 1992, 106

Stat. 1285, related to State elder rights and legal assistance

development, prior to repeal by Pub. L. 106-501, title VII, Sec.

706, Nov. 13, 2000, 114 Stat. 2291.

-End-

-CITE-

42 USC subpart v - outreach, counseling, and assistance

program 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER XI - ALLOTMENTS FOR VULNERABLE ELDER RIGHTS PROTECTION

ACTIVITIES

Part A - State Provisions

subpart v - outreach, counseling, and assistance program

-HEAD-

SUBPART V - OUTREACH, COUNSELING, AND ASSISTANCE PROGRAM

-End-

-CITE-

42 USC Sec. 3058k 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER XI - ALLOTMENTS FOR VULNERABLE ELDER RIGHTS PROTECTION

ACTIVITIES

Part A - State Provisions

subpart v - outreach, counseling, and assistance program

-HEAD-

Sec. 3058k. Repealed. Pub. L. 106-501, title VII, Sec. 706, Nov.

13, 2000, 114 Stat. 2291

-MISC1-

Section, Pub. L. 89-73, title VII, Sec. 741, as added Pub. L.

102-375, title VII, Sec. 705(b), Sept. 30, 1992, 106 Stat. 1287;

amended Pub. L. 103-171, Sec. 3(a)(13), Dec. 2, 1993, 107 Stat.

1990, related to State outreach, counseling, and assistance program

for insurance and public benefits.

-End-

-CITE-

42 USC Part B - Native American Organization Provisions 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER XI - ALLOTMENTS FOR VULNERABLE ELDER RIGHTS PROTECTION

ACTIVITIES

Part B - Native American Organization Provisions

-HEAD-

PART B - NATIVE AMERICAN ORGANIZATION PROVISIONS

-End-

-CITE-

42 USC Sec. 3058aa 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER XI - ALLOTMENTS FOR VULNERABLE ELDER RIGHTS PROTECTION

ACTIVITIES

Part B - Native American Organization Provisions

-HEAD-

Sec. 3058aa. Native American program

-STATUTE-

(a) Establishment

The Assistant Secretary, acting through the Director of the

Office for American Indian, Alaskan Native, and Native Hawaiian

Aging, shall establish and carry out a program for -

(1) assisting eligible entities in prioritizing, on a

continuing basis, the needs of the service population of the

entities relating to elder rights; and

(2) making grants to eligible entities to carry out vulnerable

elder rights protection activities that the entities determine to

be priorities.

(b) Application

In order to be eligible to receive assistance under this part, an

entity shall submit an application to the Assistant Secretary, at

such time, in such manner, and containing such information as the

Assistant Secretary may require.

(c) Eligible entity

An entity eligible to receive assistance under this section shall

be -

(1) an Indian tribe; or

(2) a public agency, or a nonprofit organization, serving older

individuals who are Native Americans.

(d) Authorization of appropriations

There are authorized to be appropriated to carry out this section

such sums as may be necessary for fiscal year 2001, and such sums

as may be necessary for subsequent fiscal years.

-SOURCE-

(Pub. L. 89-73, title VII, Sec. 751, as added Pub. L. 102-375,

title VII, Sec. 706, Sept. 30, 1992, 106 Stat. 1290; amended Pub.

L. 103-171, Sec. 3(a)(10), Dec. 2, 1993, 107 Stat. 1990; Pub. L.

106-501, title VII, Sec. 707, Nov. 13, 2000, 114 Stat. 2291.)

-MISC1-

AMENDMENTS

2000 - Subsec. (d). Pub. L. 106-501 amended heading and text of

subsec. (d) generally. Prior to amendment, text read as follows:

"There are authorized to be appropriated to carry out this section,

$5,000,000 for fiscal year 1992, and such sums as may be necessary

for fiscal years 1993, 1994, and 1995."

1993 - Subsecs. (a), (b). Pub. L. 103-171 substituted "Assistant

Secretary" for "Commissioner" and "Director of the Office for" for

"Associate Commissioner on" in subsec. (a) and "Assistant

Secretary" for "Commissioner" in two places in subsec. (b).

-End-

-CITE-

42 USC Part C - General Provisions 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER XI - ALLOTMENTS FOR VULNERABLE ELDER RIGHTS PROTECTION

ACTIVITIES

Part C - General Provisions

-HEAD-

PART C - GENERAL PROVISIONS

-End-

-CITE-

42 USC Sec. 3058bb 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER XI - ALLOTMENTS FOR VULNERABLE ELDER RIGHTS PROTECTION

ACTIVITIES

Part C - General Provisions

-HEAD-

Sec. 3058bb. Definitions

-STATUTE-

As used in this subchapter:

(1) Elder right

The term "elder right" means a right of an older individual.

(2) Vulnerable elder rights protection activity

The term "vulnerable elder rights protection activity" means an

activity funded under part A of this subchapter.

-SOURCE-

(Pub. L. 89-73, title VII, Sec. 761, as added Pub. L. 102-375,

title VII, Sec. 707, Sept. 30, 1992, 106 Stat. 1291; amended Pub.

L. 106-501, title VIII, Sec. 801(e)(4), Nov. 13, 2000, 114 Stat.

2293.)

-MISC1-

AMENDMENTS

2000 - Par. (2). Pub. L. 106-501 substituted "part A of this

subchapter" for "subpart II, III, IV, or V of this subchapter".

-End-

-CITE-

42 USC Sec. 3058cc 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER XI - ALLOTMENTS FOR VULNERABLE ELDER RIGHTS PROTECTION

ACTIVITIES

Part C - General Provisions

-HEAD-

Sec. 3058cc. Administration

-STATUTE-

A State agency may carry out vulnerable elder rights protection

activities either directly or through contracts or agreements with

public or nonprofit private agencies or organizations, such as -

(1) other State agencies;

(2) area agencies on aging;

(3) county governments;

(4) institutions of higher education;

(5) Indian tribes; or

(6) nonprofit service providers or volunteer organizations.

-SOURCE-

(Pub. L. 89-73, title VII, Sec. 762, as added Pub. L. 102-375,

title VII, Sec. 707, Sept. 30, 1992, 106 Stat. 1291; amended Pub.

L. 106-501, title VIII, Sec. 801(e)(5), Nov. 13, 2000, 114 Stat.

2293.)

-MISC1-

AMENDMENTS

2000 - Pub. L. 106-501 struck out "or an entity described in

section 3058aa(c) of this title" after "A State agency" in

introductory provisions.

-End-

-CITE-

42 USC Sec. 3058dd 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER XI - ALLOTMENTS FOR VULNERABLE ELDER RIGHTS PROTECTION

ACTIVITIES

Part C - General Provisions

-HEAD-

Sec. 3058dd. Technical assistance

-STATUTE-

(a) Other agencies

In carrying out the provisions of this subchapter, the Assistant

Secretary may request the technical assistance and cooperation of

such Federal entities as may be appropriate.

(b) Assistant Secretary

The Assistant Secretary shall provide technical assistance and

training (by contract, grant, or otherwise) to persons and entities

that administer programs established under this subchapter.

-SOURCE-

(Pub. L. 89-73, title VII, Sec. 763, as added Pub. L. 102-375,

title VII, Sec. 707, Sept. 30, 1992, 106 Stat. 1291; amended Pub.

L. 103-171, Sec. 3(a)(11), (13), Dec. 2, 1993, 107 Stat. 1990.)

-MISC1-

AMENDMENTS

1993 - Subsec. (a). Pub. L. 103-171, Sec. 3(a)(13), substituted

"Assistant Secretary" for "Commissioner".

Subsec. (b). Pub. L. 103-171, Sec. 13(a)(11), (13), substituted

"Assistant Secretary" for "Commissioner" in heading and text.

-End-

-CITE-

42 USC Sec. 3058ee 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER XI - ALLOTMENTS FOR VULNERABLE ELDER RIGHTS PROTECTION

ACTIVITIES

Part C - General Provisions

-HEAD-

Sec. 3058ee. Audits

-STATUTE-

(a) Access

The Assistant Secretary, the Comptroller General of the United

States, and any duly authorized representative of the Assistant

Secretary or the Comptroller shall have access, for the purpose of

conducting an audit or examination, to any books, documents,

papers, and records that are pertinent to financial assistance

received under this subchapter.

(b) Limitation

State agencies and area agencies on aging shall not request

information or data from providers that is not pertinent to

services furnished under this subchapter or to a payment made for

the services.

-SOURCE-

(Pub. L. 89-73, title VII, Sec. 764, as added Pub. L. 102-375,

title VII, Sec. 707, Sept. 30, 1992, 106 Stat. 1291; amended Pub.

L. 103-171, Sec. 3(a)(13), Dec. 2, 1993, 107 Stat. 1990; Pub. L.

106-501, title VIII, Sec. 801(e)(6), Nov. 13, 2000, 114 Stat.

2293.)

-MISC1-

AMENDMENTS

2000 - Subsec. (b). Pub. L. 106-501 substituted "and area

agencies on aging" for ", area agencies on aging, and entities

described in section 3058aa(c) of this title".

1993 - Subsec. (a). Pub. L. 103-171 substituted "Assistant

Secretary" for "Commissioner" in two places.

-End-