Legislación

US (United States) Code. Title 42. Chapter 35: Programs for older americans

Compartir 0 Me sirvió 0 No me sirvió

-CITE-

42 USC CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

-MISC1-

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

-MISC1-

SUBCHAPTER I - DECLARATION OF OBJECTIVES AND DEFINITIONS

Sec.

3001. Congressional declaration of objectives.

3002. Definitions.

3003. Congressional declaration of additional

objectives.

SUBCHAPTER II - ADMINISTRATION ON AGING

3011. Establishment of Administration on Aging.

(a) Function and operation.

(b) Appointment of Assistant Secretary.

and Native Hawaiian Programs; Director.

(d) Office of Long-Term Care Ombudsman Programs.

3012. Functions of Assistant Secretary.

(a) Duties and functions of Administration.

(b) Policy alternatives in long-term care.

program and activity by voluntary social

services group.

(d) National Center on Elder Abuse.

(e) National Aging Information Center.

(f) Development of performance outcome measures.

3013. Federal agency cooperation.

3013a. Consultation with State agencies, area agencies on

aging, and Native American grant recipients.

3014. Repealed.

3015. Gifts and donations.

(a) Gifts and donations.

(b) Use of gifts and donations.

3016. Authority of Assistant Secretary.

(a) Consultative services and technical

assistance; short-term training and

technical instruction; research and

demonstrations; preparation and

dissemination of informational materials;

staff and technical assistance to Federal

Council on the Aging; designation of

full-time nutrition professional as

administrator of nutrition services.

(b) Utilization of services and facilities of

Federal and other public or nonprofit

agencies; advance or reimbursement payments

for such use.

3017. Evaluation of programs.

(a) Authority of Secretary; scope of evaluation;

persons conducting evaluation.

(b) General standards.

participants; comparison of effectiveness

of related programs; consultation with

organizations concerned with older

individuals.

(d) Annual summaries and analyses of evaluation;

demonstration projects; transmittal to

Congress; dissemination to Federal, State,

and local agencies and private

organizations; accessibility to public.

(e) Federal property.

(f) Availability to Secretary of information

from executive agencies.

(g) Funds.

3018. Reports to Congress.

(a) Annual report.

(b) Report on ombudsman program.

to be included in annual report.

3019. Joint funding of projects.

3020. Advance funding.

3020a. Application of other laws; costs of projects under

this chapter not treated as income or benefits

under other laws.

3020b. Reduction of paperwork.

3020c. Contracting and grant authority.

3020d. Surplus property eligibility.

3020e. Nutrition education.

3020e-1. Pension counseling and information programs.

(a) Definitions.

(b) Program authorized.

(d) Citizen advisory panel.

(e) Application.

(f) Criteria.

(g) Training and technical assistance program.

(h) Pension assistance hotline and intragency

coordination.

(i) Report to Congress.

(j) Administrative expenses.

3020f. Authorization of appropriations.

(a) In general.

(b) Eldercare Locator Service.

SUBCHAPTER III - GRANTS FOR STATE AND COMMUNITY PROGRAMS ON AGING

PART A - GENERAL PROVISIONS

3021. Purpose and program.

(a) Congressional declaration of purpose.

(b) Administration of program.

(d) Use of funds.

3022. Definitions.

3023. Authorization of appropriations; uses of funds.

3024. Allotment to States.

(a) In general.

(b) Unused funds.

(d) Costs of administration, ombudsman program,

demonstration projects, supportive

services, senior centers and nutrition

services; payment and determination of

non-Federal share.

3025. Designation of State agencies.

(a) Duties of designated agency.

(b) Planning and service area designated; Indian

reservations; redesignation; adjustment of

State allotment; review by Assistant

Secretary; additional planning and service

areas; right to first refusal to units of

local government; procedures and review of

boundaries.

area; preferred area agency on aging

designees.

(d) Publication for review and comment;

contents.

3026. Area plans.

(a) Preparation and development by area agency

on aging; requirements.

(b) Waiver of requirements.

(d) Confidentiality of information relating to

legal assistance.

(e) Withholding of area funds.

3027. State plans.

(a) Criteria for eligibility; contents.

(b) Approval by Assistant Secretary; waiver of

requirements.

(d) Discontinuance of payments; disbursement of

withheld funds to agencies with approved

plans; matching funds.

(e) Appeal.

(f) Confidentiality of information relating to

legal assistance.

3028. Cost of administration of State plans.

(a) Activities constituting administration; use

of excess funds to supplement cost of

administration of area plans; election to

pay costs from sums received for

administration of area plans.

(b) Formula for computation of allotment;

application for additional funds; approval

of application by Assistant Secretary;

limitation on amount of additional funds;

transfer of funds.

provide services under parts B and C.

3029. Payments of grants or contracts.

(a) Advances or reimbursement; installments;

assistance in development of State plan.

(b) Matching funds; percentage limitation.

3030. Disaster relief reimbursements.

(a) Application; limitations.

(b) Setting aside of funds by Assistant

Secretary.

3030a. Nutrition services incentive program.

(a) Purpose.

(b) Allotment and provision of cash or

commodities.

(d) Cash payments in lieu of food commodities.

(e) Authorization of appropriations.

(f) Dissemination of information.

3030b. Recapture of payments made for multipurpose senior

centers.

3030c. Audit; request for information.

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

older individuals.

3030c-2. Consumer contributions.

(a) Cost sharing.

(b) Voluntary contributions.

(d) Evaluation.

3030c-3. Waivers.

(a) In general.

(b) Requirements subject to waiver.

(d) Reports to Secretary.

PART B - SUPPORTIVE SERVICES

3030d. Grants for supportive services.

(a) Grants.

(b) Existing facilities.

providers.

(d) Relationship to other funding sources.

PART C - NUTRITION SERVICES

SUBPART I - CONGREGATE NUTRITION SERVICES

3030e. Grants for establishment and operation of

nutrition projects.

SUBPART II - HOME DELIVERED NUTRITION SERVICES

3030f. Grants for establishment and operation of

nutrition projects for older individuals.

3030g. Efficiency and quality criteria.

SUBPART III - GENERAL PROVISIONS

3030g-21. Nutrition.

3030g-22. Payment requirement.

PART D - DISEASE PREVENTION AND HEALTH PROMOTION SERVICES

3030m. Program authorized.

(a) Grants to States.

(b) Community organizations and agencies.

3030n. Distribution to area agencies on aging.

3030o to 3030r. Repealed.

PART E - NATIONAL FAMILY CAREGIVER SUPPORT PROGRAM

SUBPART I - CAREGIVER SUPPORT PROGRAM

3030s. Definitions.

3030s-1. Program authorized.

(a) In general.

(b) Support services.

(d) Coordination with service providers.

(e) Quality standards and mechanisms and

accountability.

(f) Caregiver allotment.

(g) Availability of funds.

3030s-2. Maintenance of effort.

SUBPART II - NATIONAL INNOVATION PROGRAMS

3030s-11. Innovation grant program.

(a) In general.

(b) Evaluation and dissemination of results.

3030s-12. Activities of national significance.

(a) In general.

(b) Sunset provision.

SUBCHAPTER IV - TRAINING, RESEARCH, AND DISCRETIONARY PROJECTS AND

PROGRAMS

3031. Purposes.

PART A - GRANT PROGRAMS

3032. Program authorized.

(a) In general.

(b) Authorization of appropriations.

3032a. Career preparation for the field of aging.

(a) Grants.

(b) Definitions.

3032b. Older individuals' protection from violence

projects.

(a) Program authorized.

(b) Activities.

(d) Coordination.

3032c. Health care service demonstration projects in

rural areas.

(a) Authority.

(b) Eligibility.

3032d. Computer training.

(a) Program authorized.

(b) Priority.

(d) Use of funds.

3032e. Technical assistance to improve transportation for

seniors.

(a) In general.

(b) Use of funds.

3032f. Demonstration projects for multigenerational

activities.

(a) Grants and contracts.

(b) Use of funds.

(d) Application.

(e) Eligible organizations.

(f) Local evaluation and report.

(g) Report to Congress.

(h) Definition.

3032g. Native American programs.

(a) Establishment.

(b) Training grants.

3032h. Multidisciplinary centers.

(a) Program authorized.

(b) Use of funds.

3032i. Demonstration and support projects for legal

assistance for older individuals.

(a) Program authorized.

(b) Assurances.

3032j. Ombudsman and advocacy demonstration projects.

(a) Program authorized.

(b) Report.

PART B - GENERAL PROVISIONS

3033. Payment of grants.

(a) Contributions.

(b) Payments.

3033a. Responsibilities of Assistant Secretary.

(a) In general.

(b) Report.

SUBCHAPTER V - MULTIPURPOSE SENIOR CENTERS

PART A - ACQUISITION, ALTERATION, OR RENOVATION OF MULTIPURPOSE

SENIOR CENTERS

3041 to 3041f. Repealed.

PART B - INITIAL STAFFING OF MULTIPURPOSE SENIOR CENTERS

3042. Repealed.

SUBCHAPTER VI - NATIONAL OLDER AMERICANS VOLUNTEER PROGRAM

3044 to 3044e. Repealed.

SUBCHAPTER VII - NUTRITION PROGRAM FOR THE ELDERLY

3045 to 3045i. Repealed.

SUBCHAPTER VIII - GENERAL PROVISIONS

3051 to 3055. Repealed.

SUBCHAPTER IX - COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS

3056. Older American community service employment

program.

(a) Establishment.

(b) Authority of Secretary; execution of

agreements to further purposes and goals of

program.

non-Federal share; administration costs.

(d) Project and program review.

(e) Second career training and job placement

projects; equitable geographic

distribution; project criteria.

(f) Evaluations.

3056a. Administration.

(a) State Senior Employment Services

Coordination Plan.

(b) Coordination of program with other Federal

programs.

facilities of other agencies.

(d) Payments.

(e) Delegation of functions prohibited.

(f) Monitoring, compliance, reports, and

records.

(g) Evaluations and reports to Congress.

3056b. Participants not Federal employees.

3056c. Interagency cooperation.

(a) Assistant Secretary for Aging.

(b) Director of Office of Community Services;

Secretary of Health and Human Services;

other Federal agencies.

3056d. Distribution of assistance.

(a) Reservations.

(b) State allotments.

to States.

(d) Allotments for national grants.

(e) Allotments for grants to States.

(f) Allotment percentage.

(g) Definitions.

3056e. Equitable distribution.

(a) Interstate allocation.

(b) Intrastate allocation.

3056f. Report.

3056g. Employment assistance and Federal housing and food

stamp programs.

3056h. Eligibility for workforce investment activities.

3056i. Treatment of assistance.

3056j. Coordination with the Workforce Investment Act of

1998.

(a) Partners.

(b) Coordination.

3056k. Performance.

(a) Measures.

(b) Required indicators.

(d) Corrective efforts.

3056l. Competitive requirements relating to grant awards.

(a) Program authorized.

(b) Eligible applicants.

(d) Responsibility tests.

(e) National performance measures and

competition for public and private

nonprofit agencies and organizations.

(f) Performance measures and competition for

States.

3056m. Authorization of appropriations.

3056n. Definitions.

SUBCHAPTER X - GRANTS FOR NATIVE AMERICANS

3057. Statement of purpose.

3057a. Sense of Congress.

PART A - INDIAN PROGRAM

3057b. Findings.

3057c. Eligibility.

(a) Criteria.

(b) Limitation.

defined.

3057d. Grants authorized.

3057e. Applications.

(a) Approval criteria; provisions and

assurances.

(b) Population statistics development.

(d) Disapproval by Assistant Secretary.

(e) Funds per year.

3057e-1. Distribution of funds among tribal organizations.

(a) Maintenance of 1991 amounts.

(b) Use of additional amounts appropriated.

3057f. Surplus educational facilities.

(a) Multipurpose senior centers.

(b) Applications; submission; contents.

PART B - NATIVE HAWAIIAN PROGRAM

3057g. Findings.

3057h. Eligibility.

3057i. Grants authorized.

3057j. Application.

(a) Approval criteria; provisions and

assurances.

(b) Approval by Assistant Secretary.

(d) Funds per year.

3057j-1. Distribution of funds among organizations.

3057k. "Native Hawaiian" defined.

PART C - NATIVE AMERICAN CAREGIVER SUPPORT PROGRAM

3057k-11. Program.

(a) In general.

(b) Requirements.

PART D - GENERAL PROVISIONS

3057l. Administration.

3057m. Payments.

3057n. Authorization of appropriations.

SUBCHAPTER XI - ALLOTMENTS FOR VULNERABLE ELDER RIGHTS PROTECTION

ACTIVITIES

PART A - STATE PROVISIONS

SUBPART I - GENERAL STATE PROVISIONS

3058. Establishment.

3058a. Authorization of appropriations.

(a) Ombudsman program.

(b) Prevention of elder abuse, neglect, and

exploitation.

3058b. Allotment.

(a) In general.

(b) Reallotment.

3058c. Organization.

3058d. Additional State plan requirements.

(a) Eligibility.

(b) Privilege.

3058e. Demonstration projects.

(a) Establishment.

(b) Benefits.

SUBPART II - OMBUDSMAN PROGRAMS

3058f. Definitions.

3058g. State Long-Term Care Ombudsman program.

(a) Establishment.

(b) Procedures for access.

(d) Disclosure.

(e) Consultation.

(f) Conflict of interest.

(g) Legal counsel.

(h) Administration.

(i) Liability.

(j) Noninterference.

3058h. Regulations.

SUBPART III - PROGRAMS FOR PREVENTION OF ELDER ABUSE, NEGLECT, AND

EXPLOITATION

3058i. Prevention of elder abuse, neglect, and

exploitation.

(a) Establishment.

(b) Use of allotments.

(d) Coordination.

(e) Requirements.

(f) Designation.

(g) Study and report.

SUBPART IV - STATE LEGAL ASSISTANCE DEVELOPMENT PROGRAM

3058j. State legal assistance development.

SUBPART V - OUTREACH, COUNSELING, AND ASSISTANCE PROGRAM

3058k. Repealed.

PART B - NATIVE AMERICAN ORGANIZATION PROVISIONS

3058aa. Native American program.

(a) Establishment.

(b) Application.

(d) Authorization of appropriations.

PART C - GENERAL PROVISIONS

3058bb. Definitions.

3058cc. Administration.

3058dd. Technical assistance.

(a) Other agencies.

(b) Assistant Secretary.

3058ee. Audits.

(a) Access.

(b) Limitation.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 1395b-4, 1760, 4913,

8004, 11292, 11701, 14404, 15025, 15043 of this title; title 7

sections 1431, 1431e, 7501; title 20 section 7512; title 29

sections 794e, 2942.

-End-

-CITE-

42 USC SUBCHAPTER I - DECLARATION OF OBJECTIVES AND

DEFINITIONS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER I - DECLARATION OF OBJECTIVES AND DEFINITIONS

-HEAD-

SUBCHAPTER I - DECLARATION OF OBJECTIVES AND DEFINITIONS

-End-

-CITE-

42 USC Sec. 3001 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER I - DECLARATION OF OBJECTIVES AND DEFINITIONS

-HEAD-

Sec. 3001. Congressional declaration of objectives

-STATUTE-

The Congress hereby finds and declares that, in keeping with the

traditional American concept of the inherent dignity of the

individual in our democratic society, the older people of our

Nation are entitled to, and it is the joint and several duty and

responsibility of the governments of the United States, of the

several States and their political subdivisions, and of Indian

tribes to assist our older people to secure equal opportunity to

the full and free enjoyment of the following objectives:

(1) An adequate income in retirement in accordance with the

American standard of living.

(2) The best possible physical and mental health which science

can make available and without regard to economic status.

(3) Obtaining and maintaining suitable housing, independently

selected, designed and located with reference to special needs

and available at costs which older citizens can afford.

(4) Full restoration services for those who require

institutional care, and a comprehensive array of community-based,

long-term care services adequate to appropriately sustain older

people in their communities and in their homes, including support

to family members and other persons providing voluntary care to

older individuals needing long-term care services.

(5) Opportunity for employment with no discriminatory personnel

practices because of age.

(6) Retirement in health, honor, dignity - after years of

contribution to the economy.

(7) Participating in and contributing to meaningful activity

within the widest range of civic, cultural, education and

training and recreational opportunities.

(8) Efficient community services, including access to low-cost

transportation, which provide a choice in supported living

arrangements and social assistance in a coordinated manner and

which are readily available when needed, with emphasis on

maintaining a continuum of care for vulnerable older individuals.

(9) Immediate benefit from proven research knowledge which can

sustain and improve health and happiness.

(10) Freedom, independence, and the free exercise of individual

initiative in planning and managing their own lives, full

participation in the planning and operation of community-based

services and programs provided for their benefit, and protection

against abuse, neglect, and exploitation.

-SOURCE-

(Pub. L. 89-73, title I, Sec. 101, July 14, 1965, 79 Stat. 219;

Pub. L. 93-29, title I, Sec. 102, May 3, 1973, 87 Stat. 30; Pub. L.

95-478, title I, Sec. 101, Oct. 18, 1978, 92 Stat. 1513; Pub. L.

97-115, Sec. 2(a)(1), Dec. 29, 1981, 95 Stat. 1595; Pub. L. 98-459,

title I, Sec. 102, Oct. 9, 1984, 98 Stat. 1767; Pub. L. 100-175,

title I, Sec. 101, Nov. 29, 1987, 101 Stat. 928; Pub. L. 102-375,

title I, Sec. 101, title IX, Sec. 904(a)(1), Sept. 30, 1992, 106

Stat. 1197, 1305.)

-MISC1-

AMENDMENTS

1992 - Par. (4). Pub. L. 102-375, Sec. 101, inserted ", including

support to family members and other persons providing voluntary

care to older individuals needing long-term care services" after

"homes".

Par. (8). Pub. L. 102-375, Sec. 904(a)(1), substituted

"vulnerable older individuals" for "the vulnerable elderly".

1987 - Pub. L. 100-175, Sec. 101(1), substituted "United States,"

for "United States and" and inserted ", and of Indian tribes" after

"subdivisions".

Par. (3). Pub. L. 100-175, Sec. 101(2), substituted "Obtaining

and maintaining suitable" for "Suitable".

Par. (7). Pub. L. 100-175, Sec. 101(3), substituted

"Participating in and contributing to" for "Pursuit of".

Par. (10). Pub. L. 100-175, Sec. 101(4), substituted "lives," for

"lives and", and inserted ", and protection against abuse, neglect,

and exploitation" before period at end.

1984 - Par. (4). Pub. L. 98-459, Sec. 102(a), inserted reference

to a comprehensive array of community-based, long-term care

services adequate to appropriately sustain older people in their

communities and in their homes.

Par. (8). Pub. L. 98-459, Sec. 102(b), inserted reference to

emphasis on maintaining a continuum of care for the vulnerable

elderly.

Par. (10). Pub. L. 98-459, Sec. 102(c), inserted reference to

full participation in the planning and operation of community-based

services and programs provided for the benefit of older people.

1981 - Par. (7). Pub. L. 97-115 included a reference to education

and training.

1978 - Par. (8). Pub. L. 95-478 included objective of community

services which provide a choice in supported living arrangements.

1973 - Par. (8). Pub. L. 93-29 inserted reference to access to

low-cost transportation.

EFFECTIVE DATE OF 1992 AMENDMENT

Pub. L. 103-171, Sec. 4(b), Dec. 2, 1993, 107 Stat. 1991,

provided that: "The amendments made by -

"(1) sections 303(a)(2), 303(a)(3), 304 (excluding paragraphs

(1) and (2) of subsection (a)), 305, 306, 307, and 317 [enacting

sections 3030g-21 and 3030g-22 of this title and amending

sections 3023 to 3027 of this title], and

"(2) title VII [enacting sections 3058 to 3058ee of this title

and amending sections 1395i-3, 1396r, 3012, 3018, 3021, 3023,

3027, 3030d, and 3030l of this title],

of the Older Americans Act Amendments of 1992 (Public Law 102-375;

106 Stat. 1221 et seq.) shall not apply with respect to fiscal year

1993."

Section 905 of Pub. L. 102-375 provided that:

"(a) In General. - Except as provided in section 811(b) [42

U.S.C. 1766 note], any other provision of this Act [see Tables for

classification] (other than this section), and in subsection (b) of

this section, this Act and the amendments made by this Act shall

take effect on the date of the enactment of this Act [Sept. 30,

1992].

"(b) Application of Amendments. -

"(1) Federal council on aging. - Incumbent members of the

Federal Council on Aging may serve on the Council until their

successors are appointed under section 204 of the Older Americans

Act of 1965 (42 U.S.C. 3015) as amended by section 205 of this

Act.

"(2) State and community programs on aging. - The amendments

made by sections 303(a)(2), 303(a)(3), 303(f), 304, 305, 306,

307, 316, 317, and 320 [enacting sections 3030g-11 to 3030g-13,

3030g-21, 3030g-22, and 3030p to 3030r of this title and amending

sections 3023 to 3027 of this title] shall not apply with respect

to fiscal year 1992.

"(3) Project reports. - The amendments made by sections 410,

411, 413, 414, 415, 416, 418, and 419 [enacting sections 3035i,

3035j, 3035l to 3035o, 3035q, and 3035r of this title] shall not

apply with respect to fiscal year 1992.

"(4) Community service employment. - The amendments made by

sections 501, 504, and 506 [enacting section 3056h of this title

and amending sections 3056, 3056d, and 3056e of this title] shall

not apply with respect to fiscal year 1992.

"(5) Indian and native hawaiian programs. - The amendments made

by sections 601 and 603 [amending sections 3057e and 3057j of

this title] shall not apply with respect to fiscal year 1992.

"(6) Vulnerable elder rights protection activities. - The

amendments made by title VII [enacting sections 3058 to 3058k and

3058aa to 3058ee of this title and amending sections 1395i-3,

1396r, 3012, 3018, 3021, 3023, 3027, 3030d, and 3030l of this

title] shall not apply with respect to fiscal year 1992."

EFFECTIVE DATE OF 1987 AMENDMENT

Section 701 of Pub. L. 100-175 provided that:

"(a) General Effective Date. - Except as provided in subsections

(b) and (c), this Act and the amendments made by this Act [see

Short Title of 1987 Amendment note below] shall take effect on

October 1, 1987.

"(b) Application of Amendments. - The amendments made by title I

of this Act [enacting sections 3030h to 3030p, 3035f, 3035g, 3056g,

and 3057 to 3057n of this title, amending sections 3001, 3002, 3011

to 3013, 3015 to 3018, 3020c, 3021 to 3029, 3030a, 3030d, 3030g,

3030aa, 3030bb, 3030jj, 3031, 3032, 3035a, 3035b, 3035d, 3037,

3056, 3056a, 3056d, 3056e, and 3056f of this title, repealing

sections 3058 to 3058d of this title, enacting provisions set out

as notes under this section, sections 3026, 3027, and 3057b of this

title, and section 2 of Title 29, and repealing provisions set out

as a note under section 3058 of this title] shall not apply with

respect to -

"(1) any area plan submitted under section 306(a) of the Older

Americans Act of 1965 [section 3026(a) of this title], or

"(2) any State plan submitted under section 307(a) of such Act

[section 3027(a) of this title],

and approved for any fiscal year beginning before the date of the

enactment of this Act [Nov. 29, 1987].

"(c) Effective Date of Section 506. - The amendments made by

section 506 of this Act [enacting section 2991b-1 of this title and

amending sections 2991a, 2991b, and 2992d of this title] shall take

effect upon the expiration of the 90-day period beginning on the

date of the enactment of this Act [Nov. 29, 1987]."

EFFECTIVE DATE OF 1984 AMENDMENT

Section 803 of Pub. L. 98-459 provided that:

"(a) Except as provided in subsection (b), this Act and the

amendments made by this Act [enacting sections 3030aa, 3030bb,

3030jj, 3034, and 3037b of this title, amending this section,

sections 1762a, 3011 to 3013, 3015 to 3018, 3020b, 3021 to 3029,

3030a, 3030c, 3030d, 3031, 3032, 3035, 3035a to 3035e, 3037, 3037a,

3056, 3056a, 3056d to 3056f, 3057a, 3057c, and 3057g of this title

and sections 623, 630, and 631 of Title 29, Labor, and enacting

provisions set out as notes under this section, section 3056 of

this title, and section 631 of Title 29, and amending provisions

set out as a note under former section 3045 of this title] shall

take effect on the date of the enactment of this Act [Oct. 9,

1984].

"(b)(1) The amendment made by section 206(a) [amending section

3017 of this title] shall take effect 60 days after the date of the

enactment of this Act [Oct. 9, 1984].

"(2) The amendment made by section 206(d) [amending section 3017

of this title] shall take effect on the first day of the first

fiscal year beginnning [sic] after the date of the enactment of

this Act [Oct. 9, 1984].

"(3) The amendment made by section 411(b) [amending section 3037

of this title] shall not apply with respect to any grant or payment

made before the date of the enactment of this Act [Oct. 9, 1984].

"(4) The amendment made by section 701 [enacting subchapter XI of

this chapter] shall take effect on October 1, 1984."

EFFECTIVE DATE OF 1978 AMENDMENT

Section 504 of Pub. L. 95-478 provided that: "This Act [see Short

Title of 1978 Amendment note below], and the amendments made by

this Act, shall take effect at the close of September 30, 1978."

SHORT TITLE OF 2000 AMENDMENT

Pub. L. 106-501, Sec. 1, Nov. 13, 2000, 114 Stat. 2226, provided

that: "This Act [see Tables for classification] may be cited as the

'Older Americans Act Amendments of 2000'."

SHORT TITLE OF 1993 AMENDMENT

Pub. L. 103-171, Sec. 1, Dec. 2, 1993, 107 Stat. 1988, provided

that: "This Act [see Tables for classification] may be cited as the

'Older Americans Act Technical Amendments of 1993'."

SHORT TITLE OF 1992 AMENDMENT

Section 1(a) of Pub. L. 102-375 provided that: "This Act [see

Tables for classification] may be cited as the 'Older Americans Act

Amendments of 1992'."

SHORT TITLE OF 1987 AMENDMENT

Section 1 of Pub. L. 100-175 provided that: "This Act [enacting

sections 280c to 280c-5, 2991b-1, 2991d-1, 2992b-1, 3030h to 3030p,

3035f, 3035g, 3056g, and 3057 to 3057n of this title, amending this

section and sections 1766, 2991a, 2991b, 2991d-1, 2991f, 2992c,

2992d, 3002, 3011 to 3013, 3015 to 3018, 3020c, 3021 to 3029,

3030a, 3030d, 3030g, 3030aa, 3030bb, 3030jj, 3031, 3032, 3035a,

3035b, 3035d, 3037, 3056, 3056a, 3056d, 3056e, and 3056f of this

title, repealing sections 3058 to 3058d, of this title, enacting

provisions set out as notes under this section, sections 201,

285e-2, 2991, 3026, 3027, and 3057b of this title, and section 2 of

Title 29, Labor, and repealing provisions set out as a note under

section 3058 of this title] may be cited as the 'Older Americans

Act Amendments of 1987'."

SHORT TITLE OF 1986 AMENDMENT

Pub. L. 99-269, Sec. 1, Apr. 1, 1986, 100 Stat. 78, provided:

"That this Act [amending section 3030a of this title and enacting

provisions set out as notes under section 3030a of this title] may

be cited as the 'Older Americans Act Amendments of 1986'."

SHORT TITLE OF 1984 AMENDMENT

Section 1 of Pub. L. 98-459 provided that: "This Act [enacting

sections 3030aa, 3030bb, 3030jj, 3034, 3037b, and 3058 to 3058d of

this title, amending this section, sections 1762a, 3011 to 3013,

3015 to 3018, 3020b, 3021 to 3029, 3030a, 3030c, 3030d, 3031, 3032,

3035, 3035a to 3035e, 3037, 3037a, 3056, 3056a, 3056d to 3056f,

3057a, 3057c, and 3057g of this title, and sections 623, 630, and

631 of Title 29, Labor, and enacting provisions set out as notes

under this section, sections 3056 and 3058 of this title, and

section 631 of Title 29, and amending provisions set out as a note

under section 3045 of this title] may be cited as the 'Older

Americans Act Amendments of 1984'."

SHORT TITLE OF 1981 AMENDMENT

Section 1(a) of Pub. L. 97-115 provided that: "This act [enacting

sections 3031, 3032, 3035 to 3035e, 3037, and 3037a of this title,

amending this section, sections 3002 to 3003, 3012, 3013, 3015 to

3020d, 3021 to 3028, 3030, 3030a, 3030d, 3030g, 3035b, 3035e, 3036,

3056, 3056a, 3056c, 3056d, 3056f, 3057 to 3057g, 8622, 9902 to

9904, and 9911 of this title, and section 1087-2 of Title 20,

Education, repealing section 3014 of this title, and enacting a

provision set out as a note under section 3045 of this title] may

be cited as the 'Older Americans Act Amendments of 1981'."

SHORT TITLE OF 1978 AMENDMENT

Section 1(a) of Pub. L. 95-478 provided that: "This Act [enacting

sections 3020b to 3020d, 3030 to 3030g, 3035b to 3035h, 3057 to

3057g and 6106a of this title, amending this section, sections

3002, 3011 to 3017, 3020a, 3021 to 3029, 3031 to 3035, 3036 to

3037a, 3056 to 3056f, 5001, 5011, 5012, 5082, 6101, 6103 and 6104

of this title, repealing sections 3035a, 3041 to 3041f, 3042 and

3045 to 3045i of this title, enacting provisions set out as notes

under this section and sections 1975c, 3021, and 3045 of this

title, amending provisions set out as a note under this section,

and repealing provision set out as a note under section 3056 of

this title] may be cited as the 'Comprehensive Older Americans Act

Amendments of 1978'."

SHORT TITLE OF 1975 AMENDMENT

Pub. L. 94-135, Sec. 1, Nov. 28, 1975, 89 Stat. 713, provided:

"That this Act [enacting chapter 76 and sections 3002, 3020a, 3024,

3028, 3034, 3045f, and 3056 to 3056f of this title, amending

sections 289k-5, 3002, 3012, 3014, 3015, 3022, 3023, 3024, 3025,

3026, 3028, 3033, 3034, 3037, 3037a, 3041d, 3041f, 3045b, 3045d,

3045e, 3045f, 3045g, 5011, 5012, and 5082 of this title and

sections 1008a, 1208a, and 1341 of Title 20, Education, repealing

sections 3061 to 3067 of this title, enacting provisions set out as

notes under section 5001 of this title and section 871 of Title 29,

Labor, and amending provisions set out as a note under section 2809

of this title] may be cited as the 'Older Americans Amendments of

1975'."

SHORT TITLE OF 1973 AMENDMENT

Section 1 of Pub. L. 93-29 provided: "That this Act [enacting

chapter 35A of this title, subchs. III to V of this chapter,

sections 3003, 3012, 3013 to 3020, 3044, 3045 of this title, and

sections 351, 351c, 361 to 364, 1008a, and 1208a of Title 20,

Education, amending this section, sections 3011, 3012, 3044a,

3044b, 3044e, and 3045a to 3045f of this title, and sections 351c,

351d, 351e, 1211, 1504, and 1505 of Title 20, repealing former

subchs. III (sections 3021 to 3024a, and 3025 of this title), IV

(sections 3031 and 3032 of this title), V (sections 3041 to 3043 of

this title), and VIII (sections 3051 to 3055 of this title) of this

chapter, and enacting provisions set out as notes under sections

2809, 3044b, and 3061 of this title and section 361 of Title 20]

may be cited as the 'Older Americans Comprehensive Services

Amendments of 1973'."

SHORT TITLE OF 1967 AMENDMENT

Pub. L. 90-42, Sec. 1, July 1, 1967, 81 Stat. 106, provided:

"That this Act [enacting section 3043 of this title and amending

sections 3002, 3021, 3022, 3024, 3031, and 3051 to 3053 of this

title] may be cited as the 'Older Americans Act Amendments of

1967'."

SHORT TITLE

Section 1 of Pub. L. 89-73 provided: "That this Act [enacting

this chapter] may be cited as the 'Older Americans Act of 1965'."

Pub. L. 89-73, title III, Sec. 371, as added Pub. L. 106-501,

title III, Sec. 316(2), Nov. 13, 2000, 114 Stat. 2253, provided

that: "This part [part E (Secs. 371-376) of title III of Pub. L.

89-73, enacting part E of subchapter III of this chapter] may be

cited as the 'National Family Caregiver Support Act'."

Pub. L. 89-73, title V, Sec. 501, as added Pub. L. 106-501, title

V, Sec. 501, Nov. 13, 2000, 114 Stat. 2267, provided that: "This

title [enacting subchapter IX of this chapter] may be cited as the

'Older American Community Service Employment Act'."

Pub. L. 89-73, title V, Sec. 501, formerly title IX, Sec. 901, as

added by Pub. L. 94-135, title I, Sec. 113(a), Nov. 28, 1975, 89

Stat. 720, and renumbered by Pub. L. 95-478, title I, Sec. 105(a),

Oct. 18, 1978, 92 Stat. 1547, provided that title V of Pub. L.

89-73, enacting former subchapter IX of this chapter, could be

cited as the "Older American Community Service Employment Act",

prior to the general amendment of title V of Pub. L. 89-73 by Pub.

L. 106-501, title V, Sec. 501, Nov. 13, 2000, 114 Stat. 2267.

REGULATIONS

Section 902 of Pub. L. 102-375 provided that: "Except as

otherwise specifically provided, the Secretary of Health and Human

Services shall, not later than 120 days after the date of the

enactment of this Act [Sept. 30, 1992], issue proposed regulations

to carry out the amendments made by titles I through VII [see

Tables for classification]."

STUDY OF EFFECTIVENESS OF STATE LONG-TERM CARE OMBUDSMAN PROGRAMS

Section 211 of Pub. L. 102-375, as amended by Pub. L. 103-171,

Sec. 4(a)(2), Dec. 2, 1993, 107 Stat. 1991, provided that not later

than Jan. 1, 1995, the Assistant Secretary for Aging, in

consultation with State agencies, State Long-Term Care Ombudsmen,

the National Ombudsman Resource Center, and professional ombudsmen

associations, directly, or by grant or contract, was to conduct a

study and submit a report to Congress analyzing separately with

respect to each State effectiveness of State long-term care

ombudsman programs.

STUDY ON BOARD AND CARE FACILITY QUALITY

Section 212 of Pub. L. 102-375 provided that:

"(a) Arrangement for Study Committee. - The Secretary of Health

and Human Services shall enter into an arrangement, in accordance

with subsection (d), to establish a study committee described in

subsection (c) to conduct a study through the Institute of Medicine

of the National Academy of Sciences on the quality of board and

care facilities for older individuals (as defined in section 102

[42 U.S.C. 3002] of the Older Americans Act of 1965 (42 U.S.C. 3001

et seq.)) and the disabled.

"(b) Scope of Study. - The study shall include -

"(1) an examination of existing quality, health, and safety

requirements for board and care facilities and the enforcement of

such requirements for their adequacy and effectiveness, with

special attention to their effectiveness in promoting good

personal care;

"(2) an examination of, and recommendations with respect to,

the appropriate role of Federal, State, and local governments in

assuring the health and safety of residents of board and care

facilities; and

"(3) specific recommendations to the Congress and the

Secretary, by not later than 20 months after the date of the

enactment of this Act [Sept. 30, 1992], concerning the

establishment of minimum national standards for the quality,

health, and safety of residents of such facilities and the

enforcement of such standards.

"(c) Composition of Study Committee. - The study committee shall

be composed of members as appointed from among the following:

"(1) National academy of sciences. - The members of the

National Academy of Sciences with experience in long-term care.

The members so appointed shall include -

"(A) physicians;

"(B) experts on the administration of drugs to older

individuals, and disabled individuals receiving long-term care

services; and

"(C) experts on the enforcement of life-safety codes in

long-term care facilities.

"(2) Residents. - Residents of board and care facilities

(including privately owned board and care facilities), and

representatives of such residents or of organizations that

advocate on behalf of such residents. Members so appointed shall

include -

"(A) residents of a nonprofit board and care facility; or

"(B) individuals who represent -

"(i) residents of nonprofit board and care facilities; or

"(ii) organizations that advocate on behalf of residents of

nonprofit board and care facilities.

"(3) Operators. - Operators of board and care facilities

(including privately owned board and care facilities), and

individuals who represent such operators or organizations that

represent the interests of such operators. Members so appointed

shall include -

"(A) operators of a nonprofit board and care facility; or

"(B) individuals who represent -

"(i) operators of nonprofit board and care facilities; or

"(ii) organizations that represent the interests of

operators of nonprofit board and care facilities.

"(4) Officers. -

"(A) State officers. - Elected and appointed State officers

who have responsibility relating to the health and safety of

residents of board and care facilities.

"(B) Representatives. - Representatives of such officers or

of organizations representing such officers.

"(C) Other individuals. - Other individuals with relevant

expertise.

"(d) Use of Institute of Medicine. - The Secretary shall request

the National Academy of Sciences, through the Institute of

Medicine, to establish, appoint, and provide administrative support

for the study committee under an arrangement under which the actual

expenses incurred by the Academy in carrying out such functions

will be paid by the Secretary. If the National Academy of Sciences

is willing to do so, the Secretary shall enter into such

arrangement with the Academy.

"(e) Involvement of Others. -

"(1) Government officials. - The study committee shall conduct

its work in a manner that provides for the consultation with

Members of Congress or their representatives, officials of the

Department of Health and Human Services, and officials of State

and local governments who are not members of the study committee.

"(2) Experts. - The study committee may consult with any

individual or organization with expertise relating to the issues

involved in the activities of the study committee.

"(f) Report. - Not later than 20 months after an arrangement is

entered into under subsection (d), the study committee shall

submit, to the Secretary, the Speaker of the House of

Representatives, and the President pro tempore of the Senate, a

report containing the results of the study referred to in

subsection (a) and the recommendations made under subsection (b).

"(g) Board and Care Facility Defined. - In this section, the term

'board and care facility' means a facility described in section

1616(e) of the Social Security Act (42 U.S.C. 1372e(e) [42 U.S.C.

1382e(e)]).

"(h) Authorization. - There are authorized to be appropriated to

carry out this section $1,500,000 for fiscal year 1992 and such

sums as may be necessary for subsequent fiscal years."

STUDY ON HOME CARE QUALITY

Section 213 of Pub. L. 102-375 provided that:

"(a) Establishment Study of Committee. - The Secretary of Health

and Human Services shall enter into an arrangement, in accordance

with subsection (d), to establish a study committee described in

subsection (c) to conduct a study through the Institute of Medicine

of the National Academy of Sciences on the quality of home care

services for older individuals and disabled individuals.

"(b) Scope of Study. - The study shall include -

"(1) an examination of existing quality, health and safety

requirements for home care services and the enforcement of such

requirements for their adequacy, effectiveness, and

appropriateness;

"(2) an examination of, and recommendations with respect to,

the appropriate role of Federal, State, and local governments in

ensuring the health and safety of patients and clients of home

care services; and

"(3) specific recommendations to the Congress and the

Secretary, not later than 20 months after the date of the

enactment of this Act [Sept. 30, 1992], concerning the

establishment of minimum national standards for the quality,

health, and safety of patients and clients of such services and

the enforcement of such standards.

"(c) Composition of Study Committee. - The study committee shall

be composed of members appointed from among -

"(1) individuals with experience in long-term care, including

nonmedical home care services;

"(2) patients and clients of home care services (including

privately provided home care services and services funded under

the Older Americans Act of 1965 [42 U.S.C. 3001 et seq.]) or

individuals who represent such patients and clients or

organizations that advocate on behalf of such patients and

clients;

"(3) providers of home care services (including privately

provided home care services and services funded under the Older

Americans Act of 1965) or individuals who represent such

providers or organizations that advocate on behalf of such

providers;

"(4) elected and appointed State officers who have

responsibility relating to the health and safety of patients and

clients of home care services, or representatives of such

officers or of organizations representing such officers; and

"(5) other individuals with relevant expertise.

"(d) Use of Institute of Medicine. - The Secretary shall request

the National Academy of Sciences, through the Institute of

Medicine, to establish, appoint, and provide administrative support

for the committee under an arrangement under which the actual

expenses incurred by the Academy in carrying out such functions

will be paid by the Secretary. If the National Academy of Sciences

is willing to do so, the Secretary shall enter into such

arrangement with the Academy.

"(e) Involvement of Others. -

"(1) Members and officials. - The committee shall conduct its

work in a manner that provides for consultation with Members of

Congress or their representatives, officials of the Department of

Health and Human Services, and officials of State and local

governments who are not members of the committee.

"(2) Individual or organization with expertise. - The committee

may consult with any individual or organization with expertise

relating to the issues involved in the activities of the

committee.

"(f) Report. - Not later than 20 months after an arrangement is

entered into under subsection (d), the committee shall submit, to

the Secretary, the Speaker of the House of Representatives, and the

President pro tempore of the Senate, a report containing the

results of the study referred to in subsection (a).

"(g) Authorization. - There are authorized to be appropriated to

carry out this section $1,000,000 for fiscal year 1992 and such

sums as may be necessary for subsequent fiscal years."

LONG-TERM HEALTH CARE WORKERS

Subtitle A of title VIII of Pub. L. 102-375 provided that:

"SEC. 801. DEFINITIONS.

"As used in this subtitle:

"(1) Nursing home nurse aide. - The term 'nursing home nurse

aide' means an individual employed at a nursing or convalescent

home who assists in the care of patients at such home under the

direction of nursing and medical staff.

"(2) Home health care aide. - The term 'home health care aide'

means an individual who -

"(A) is employed by a government, charitable, nonprofit, or

proprietary agency; and

"(B) cares for elderly, convalescent, or handicapped

individuals in the home of the individuals by performing

routine home assistance (such as housecleaning, cooking, and

laundry) and assisting in the health care of such individuals

under the direction of a physician or nurse.

"SEC. 802. INFORMATION REQUIREMENTS.

"(a) National Center for Health Statistics. - The Director of the

National Center for Health Statistics of the Centers for Disease

Control [now Centers for Disease Control and Prevention] shall

collect, and prepare a report containing -

"(1) demographic information on home health care aides and

nursing home nurse aides, including information on the -

"(A) age, race, marital status, education, number of children

and other dependents, gender, and primary language, of the

aides; and

"(B) location of facilities at which the aides are employed

in -

"(i) rural communities; or

"(ii) urban or suburban communities; and

"(2) information on the role of the aides in providing

institution-based and home-based long-term care.

"(b) Department of Labor. - The Secretary of Labor shall -

"(1) collect, and prepare a report containing, information on

home health care aides, including -

"(A) information on conditions of employment, including -

"(i) the length of employment of the aides with the current

employer of the aides;

"(ii) the number of aides who are -

"(I) employed by a for-profit employer;

"(II) employed by a nonprofit private employer;

"(III) employed by a charitable employer;

"(IV) employed by a government employer; or

"(V) independent contractors;

"(iii) the number of full-time, part-time, and temporary

positions for the aides;

"(iv) the ratio of the aides to professional staff;

"(v) the types of tasks performed by the aides, the level

of skill needed to perform the tasks, and whether the tasks

are completed in a institution-based or home-based setting;

and

"(vi) the average number and range of hours worked each

week by the aides; and

"(B) information on availability of the employment benefits

for home health care aides and a description of the benefits,

including -

"(i) information on health insurance coverage;

"(ii) the type of pension plan coverage;

"(iii) the amount of vacation leave;

"(iv) wage rates; and

"(v) the extent of work-related training provided; and

"(2) collect, and prepare a report containing, information on

nursing home nurse aides, including -

"(A) the information described in subparagraphs (A) and (B)

of paragraph (1); and

"(B) information on -

"(i) the type of facility of the employer of the aides,

such as a skilled nursing facility, as defined in section

1819(a) of the Social Security Act (42 U.S.C. 1395i-3(a)), or

an intermediate care facility within the meaning of section

1121(a) of the Social Security Act (42 U.S.C. 1320a(a));

"(ii) the number of beds at the facility; and

"(iii) the ratio of the aides to residents of the facility.

"SEC. 803. REPORTS.

"(a) Reports to Commissioner on Aging [now Assistant Secretary

for Aging]. -

"(1) Transmittal. -

"(A) National center for health statistics report. - Not

later than March 1, 1994, the Director of the National Center

for Health Statistics of the Centers for Disease Control [now

Centers for Disease Control and Prevention] shall transmit to

the Commissioner on Aging the report required by section

802(a).

"(B) Department of labor reports. -

"(i) Home health care aides. - Not later than March 1,

1993, the Secretary of Labor shall transmit to the

Commissioner on Aging a plan for the collection of the

information described in section 802(b)(1). Not later than

March 1, 1995, the Secretary of Labor shall transmit to the

Commissioner on Aging the report required by section

802(b)(1).

"(ii) Nursing home nurse aides. - Not later than March 1,

1994, the Secretary of Labor shall transmit to the

Commissioner on Aging the report required by section

802(b)(2).

"(2) Preparation. -

"(A) National center for health statistics report. - The

report required by section 802(a) shall be prepared and

organized in such a manner as the Director of the National

Center for Health Statistics may determine to be appropriate.

"(B) Department of labor reports. - The reports required by

paragraphs (1) and (2) of section 802(b) shall be prepared and

organized in such a manner as the Secretary of Labor may

determine to be appropriate.

"(3) Presentation of information. - The reports required by

section 802 shall not identify by name individuals supplying

information for purposes of the reports. The reports shall

present information collected in the aggregate.

"(b) Report to Congress. - The Commissioner on Aging [now

Assistant Secretary for Aging] shall review the reports required by

section 802 and shall submit to the appropriate committees of

Congress a report containing -

"(1) the reports required by section 802;

"(2) the comments of the Commissioner on the reports; and

"(3) additional information, regarding the roles of nursing

home nurse aides and home health care aides in providing

long-term care, obtained through the State Long-Term Care

Ombudsman program established under sections 307(a)(12) and 712

of the Older Americans Act of 1965 [now 42 U.S.C. 3027(a)(9),

3058g].

"SEC. 804. OCCUPATIONAL CODE.

"The Secretary of Labor shall include an occupational code

covering nursing home nurse aides and an occupational code covering

home health care aides in each wage survey of relevant industries

conducted by the Department of Labor that begins after the date of

enactment of this Act [Sept. 30, 1992]."

LIMITATION ON AUTHORITY TO ENTER INTO CONTRACTS

Section 901 of Pub. L. 102-375 provided that: "Any authority to

enter into contracts under this Act [see Tables for classification]

or an amendment made by this Act shall be effective only to the

extent or in such amounts as are provided in advance in

appropriations Acts."

WHITE HOUSE CONFERENCE ON AGING

Title II of Pub. L. 100-175, as amended by Pub. L. 102-375, title

VIII, Secs. 831-836, 839(a), Sept. 30, 1992, 106 Stat. 1300-1305;

Pub. L. 103-171, Sec. 6, Dec. 2, 1993, 107 Stat. 1992; Pub. L.

106-501, Sec. 211, Nov. 13, 2000, 114 Stat. 2235, provided that:

"SEC. 201. AUTHORIZATION OF THE CONFERENCE.

"(a) Authority To Call Conference. - Not later than December 31,

2005, the President shall convene the White House Conference on

Aging in order to fulfill the purpose set forth in subsection (c)

and to make fundamental policy recommendations regarding programs

that are important to older individuals and to the families and

communities of such individuals.

"(b) Planning and Direction. - The Conference described in

subsection (a) shall be planned and conducted under the direction

of the Secretary, in cooperation with the Assistant Secretary for

Aging, the Director of the National Institute on Aging, the

Administrator of the Health Care Financing Administration, the

Social Security Administrator, and the heads of such other Federal

agencies serving older individuals as are appropriate. Planning and

conducting the Conference includes the assignment of personnel.

"(c) Purpose. - The purpose of the Conference described in

subsection (a) shall be to gather individuals representing the

spectrum of thought and experience in the field of aging to -

"(1) evaluate the manner in which the objectives of this Act

[probably means the Older Americans Act of 1965, Pub. L. 89-73,

which enacted this chapter] can be met by using the resources and

talents of older individuals, of families and communities of such

individuals, and of individuals from the public and private

sectors;

"(2) evaluate the manner in which national policies that are

related to economic security and health care are prepared so that

such policies serve individuals born from 1946 to 1964 and later,

as the individuals become older individuals, including an

examination of the Social Security, Medicare, and Medicaid

programs carried out under titles II, XVIII, and XIX of the

Social Security Act (42 U.S.C. 401 et seq., 1395 et seq., and

1396 et seq.) in relation to providing services under this Act,

and determine how well such policies respond to the needs of

older individuals; and

"(3) develop not more than 50 recommendations to guide the

President, Congress, and Federal agencies in serving older

individuals.

"(d) Conference Participants and Delegates. -

"(1) Participants. - In order to carry out the purposes of this

section, the Conference shall bring together -

"(A) representatives of Federal, State, and local

governments,

"(B) professional and lay people who are working in the field

of aging, and

"(C) representatives of the general public, particularly

older individuals.

"(2) Selection of delegates. - The delegates shall be selected

without regard to political affiliation or past partisan activity

and shall, to the best of the appointing authority's ability, be

representative of the spectrum of thought in the field of aging.

Delegates shall include individuals who are professionals,

individuals who are nonprofessionals, minority individuals,

individuals from low-income families, representatives of Federal,

State, and local governments, and individuals from rural areas. A

majority of such delegates shall be age 55 or older.

"SEC. 202. CONFERENCE ADMINISTRATION.

"(a) Administration. - In administering this section, the

Secretary shall -

"(1) provide written notice to all members of the Policy

Committee of each meeting, hearing, or working session of the

Policy Committee not later than 48 hours before the occurrence of

such meeting, hearing, or working session,

"(2) request the cooperation and assistance of the heads of

such other Federal departments and agencies as may be appropriate

in the carrying out of this section,

"(3) make available for public comment a proposed agenda,

prepared by the Policy Committee, for the Conference which will

reflect to the greatest extent possible the major issues facing

older individuals consistent with the provisions of subsection

(a),

"(4) prepare and make available background materials for the

use of delegates to the Conference which the Secretary deems

necessary, and

"(5) engage such additional personnel as may be necessary to

carry out the provisions of this section without regard to

provisions of title 5, United States Code, governing appointments

in the competitive service, and without regard to chapter 51 and

subchapter III of chapter 53 of such title relating to

classification and General Schedule pay rates.

"(b) Duties. - The Secretary shall, in carrying out the

Secretary's responsibilities and functions under this section, and

as part of the White House Conference on Aging, ensure that -

"(1) the agenda prepared under subsection (a)(3) for the

Conference is published in the Federal Register not later than 30

days after such agenda is approved by the Policy Committee, and

the Secretary may republish such agenda together with the

recommendations of the Secretary regarding such agenda, and

"(2) the personnel engaged under subsection (a)(5) shall be

fairly balanced in terms of points of views represented and shall

be appointed without regard to political affiliation or previous

partisan activities, [and]

"(3) the recommendations of the Conference are not

inappropriately influenced by any appointing authority or by any

special interest, but will instead be the result of the

independent judgment of the Conference, and

"(4) current and adequate statistical data, including decennial

census data, and other information on the well-being of older

individuals in the United States are readily available, in

advance of the Conference, to the delegates of the Conference,

together with such information as may be necessary to evaluate

Federal programs and policies relating to aging. In carrying out

this subparagraph, the Secretary is authorized to make grants to,

and enter into cooperative agreements with, public agencies and

nonprofit private organizations.

"(c) Gifts. - The Secretary may accept, on behalf of the United

States, gifts (in cash or in kind, including voluntary and

uncompensated services), which shall be available to carry out this

title. Gifts of cash shall be available in addition to amounts

appropriated to carry out this title. Gifts may be earmarked by the

donor or the executive committee for a specific purpose.

"(d) Records. - The Secretary shall maintain records regarding -

"(1) the sources, amounts, and uses of gifts accepted under

subsection (c); and

"(2) the identity of each person receiving assistance to carry

out this title, and the amount of such assistance received by

each such person.

"SEC. 203. POLICY COMMITTEE; RELATED COMMITTEES.

"(a) Policy Committee. -

"(1) Establishment. - There is established a Policy Committee

comprised of 17 members to be selected, not later than 2 years

prior to the date on which the Conference convenes, as follows:

"(A) Presidential appointees. - Nine members shall be

selected by the President and shall include -

"(i) three members who are officers or employees of the

United States; and

"(ii) six members with experience in the field of aging,

including providers and consumers of aging services.

"(B) House appointees. - Two members shall be selected by the

Speaker of the House of Representatives, after consultation

with the Committee on Education and the Workforce and the

Committee on Ways and Means of the House of Representatives,

and two members shall be selected by the Minority Leader of the

House of Representatives, after consultation with such

committees.

"(C) Senate appointees. - Two members shall be selected by

the Majority Leader of the Senate, after consultation with

members of the Committee on Health, Education, Labor, and

Pensions and the Special Committee on Aging of the Senate, and

two members shall be selected by the Minority Leader of the

Senate, after consultation with members of such committees.

"(2) Duties of the policy committee. - The Policy Committee

shall initially meet at the call of the Secretary, but not later

than 30 days after the last member is selected under subsection

(a). Subsequent meetings of the Policy Committee shall be held at

the call of the chairperson of the Policy Committee. Through

meetings, hearings, and working sessions, the Policy Committee

shall -

"(A) make recommendations to the Secretary to facilitate the

timely convening of the Conference;

"(B) formulate and approve a proposed agenda for the

Conference not later than 90 days after the first meeting of

the Policy Committee for the Secretary;

"(C) make recommendations for participants and delegates of

the Conference;

"(D) establish the number of delegates to be selected under

section 201(d)(2);

"(E) establish an executive committee consisting of three to

five members, with a majority of such members being age 55 or

older, to work with Conference staff; and

"(F) establish other committees as needed that have a

majority of members who are age 55 or older.

"(3) Voting; chairperson. -

"(A) Voting. - The Policy Committee shall act by the vote of

a majority of the members present. A quorum of Committee

members shall not be required to conduct Committee business.

"(B) Chairperson. - The President shall select the

chairperson from among the members of the Policy Committee. The

chairperson may vote only to break a tie vote of the other

members of the Policy Committee.

"(b) Advisory and Other Committees. -

"(1) In general. - The President shall establish an advisory

committee to the Conference which shall include representation

from the Federal Council on Aging and other public agencies and

private nonprofit organizations as appropriate. The President

shall consider for appointment to the advisory committee

individuals recommended by the Policy Committee.

"(2) Other committees. - The Secretary may establish such other

committees, including technical committees, as may be necessary

to assist in the planning, conducting, and reviewing of the

Conference.

"(c) Composition of Committees. - Each committee established

under subsection (b) shall be composed of professionals and public

members, and shall include individuals from low-income families and

from minority groups. A majority of the public members of each such

committee shall be 55 years of age or older, and individuals who

are Native Americans.

"(d) Compensation. - Appointed members of any such committee

(other than any officers or employees of the Federal Government),

while attending conferences or meetings of the committee or

otherwise serving at the request of the Secretary, shall be

entitled to receive compensation at a rate to be fixed by the

Secretary, but not to exceed the daily equivalent of the maximum

rate of pay payable under section 5376 of title 5, United States

Code (including travel time). While away from their homes or

regular places of business, such members may be allowed travel

expenses, including per diem in lieu of subsistence, as authorized

under section 5703 of such title for persons employed

intermittently in Federal Government service.

"SEC. 204. REPORT OF THE CONFERENCE.

"(a) Preliminary Report. - Not later than 100 days after the date

on which the Conference adjourns, the Policy Committee shall

publish and deliver to the chief executive officers of the States a

preliminary report on the Conference. Comments on the preliminary

report of the Conference shall be accepted by the Policy Committee.

"(b) Final Report. - Not later than 6 months after the date on

which the Conference adjourns, the Policy Committee shall publish

and transmit to the President and to Congress recommendations

resulting from the Conference and suggestions for any

administrative action and legislation necessary to implement the

recommendations contained within the report.

"SEC. 205. DEFINITIONS.

"For the purposes of this title -

"(1) the term 'area agency on aging' has the meaning given the

term in section 102(17) of the Older Americans Act of 1965 (42

U.S.C. 3002(17)),

"(2) the term 'State agency on aging' means the State agency

designated under section 305(a)(1) of the Act,

"(3) the term 'Secretary' means the Secretary of Health and

Human Services,

"(4) the term 'Conference' means the White House Conference on

Aging, and

"(5) the term 'State' means any of the several States, the

District of Columbia, the Commonwealth of Puerto Rico, Guam,

American Samoa, the Virgin Islands of the United States, the

Trust Territory of the Pacific Islands, or the Commonwealth of

the Northern Mariana Islands.

"SEC. 206. AUTHORIZATION OF APPROPRIATIONS.

"(a) Authorization. -

"(1) In general. - There are authorized to be appropriated to

carry out this section [title] -

"(A) such sums as may be necessary for the first fiscal year

in which the Policy Committee plans the Conference and for the

following fiscal year; and

"(B) such sums as may be necessary for the fiscal year in

which the Conference is held.

"(2) Contracts. - Authority to enter into contracts under this

title shall be effective only to the extent, or in such amounts

as are, provided in advance in appropriations Acts.

"(b) Availability of Funds. -

"(1) In general. - Except as provided in paragraph (3), funds

appropriated to carry out this title and funds received as gifts

under section 202(c) shall remain available for obligation or

expenditure until the expiration of the one-year period beginning

on the date the Conference adjourns.

"(2) Unobligated funds. - Except as provided in paragraph (3),

any such funds neither expended nor obligated before the

expiration of the one-year period beginning on the date the

Conference adjourns shall be available to carry out the Older

Americans Act of 1965 (42 U.S.C. 3001 et seq.).

"(3) Conference not convened. - If the Conference is not

convened before December 31, 2005, such funds neither expended

nor obligated before such date shall be available to carry out

the Older Americans Act of 1965."

[For termination of Trust Territory of the Pacific Islands, see

note set out preceding section 1681 of Title 48, Territories and

Insular Possessions.]

[Section 837 of Pub. L. 102-375 provided that: "All personnel

assigned or engaged under [former] section 202(b) or section

203(a)(5) [now section 202(a)(5)] of the Older Americans Act

Amendments of 1987 [Pub. L. 100-175, set out above] (42 U.S.C. 3001

note) as in effect immediately before the date of the enactment of

this Act [Sept. 30, 1992] shall continue to be assigned or engaged

under such section after such date notwithstanding the amendments

made by this subtitle [amending title II of Pub. L. 100-175, set

out above]."]

Pub. L. 95-478, title II, Secs. 201-207, Oct. 18, 1978, 92 Stat.

1551-1554, as amended by Pub. L. 96-88, title V, Sec. 509(b), Oct.

17, 1979, 93 Stat. 695, authorized the President to call a White

House Conference on Aging in 1981 to develop recommendations

relating to economic well-being, health care, housing, social

services, and employment of the aging.

-EXEC-

EXECUTIVE ORDER NO. 11022

Ex. Ord. No. 11022, May 14, 1962, 27 F.R. 4659, as amended by Ex.

Ord. No. 11376, Oct. 17, 1967, 32 F.R. 14545; Ex. Ord. No. 12106,

Dec. 28, 1978, 44 F.R. 1053, which established the President's

Council on Aging and provided for its membership, functions, etc.,

was revoked by Ex. Ord. No. 12379, Sec. 12, Aug. 17, 1982, 47 F.R.

36099, set out as a note under section 14 of the Federal Advisory

Committee Act in the Appendix to Title 5, Government Organization

and Employees.

-End-

-CITE-

42 USC Sec. 3002 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER I - DECLARATION OF OBJECTIVES AND DEFINITIONS

-HEAD-

Sec. 3002. Definitions

-STATUTE-

For the purposes of this chapter -

(1) The term "Secretary" means the Secretary of Health and

Human Services, except that for purposes of subchapter IX of this

chapter such term means the Secretary of Labor.

(2) The term "Assistant Secretary" means the Assistant

Secretary for Aging.

(3) The term "State" means any of the several States, the

District of Columbia, the Virgin Islands of the United States,

the Commonwealth of Puerto Rico, Guam, American Samoa, and the

Commonwealth of the Northern Mariana Islands.

(4) The term "nonprofit" as applied to any agency, institution,

or organization means an agency, institution, or organization

which is, or is owned and operated by, one or more corporations

or associations no part of the net earnings of which inures, or

may lawfully inure, to the benefit of any private shareholder or

individual.

(5) The term "Indian" means a person who is a member of an

Indian tribe.

(6) Except for the purposes of subchapter X of this chapter,

the term "Indian tribe" means any tribe, band, nation, or other

organized group or community of Indians (including any Alaska

Native village or regional or village corporation as defined in

or established pursuant to the Alaska Native Claims Settlement

Act (Public Law 92-203; 85 Stat. 688) [43 U.S.C. 1601 et seq.])

which (A) is recognized as eligible for the special programs and

services provided by the United States to Indians because of

their status as Indians; or (B) is located on, or in proximity

to, a Federal or State reservation or rancheria.

(7) Except for the purposes of subchapter X of this chapter,

the term "tribal organization" means the recognized governing

body of any Indian tribe, or any legally established organization

of Indians which is controlled, sanctioned, or chartered by such

governing body. In any case in which a contract is let or grant

made to an organization to perform services benefiting more than

one Indian tribe, the approval of each such Indian tribe shall be

a prerequisite to the letting or making of such contract or

grant.

(8) The term "disability" means (except when such term is used

in the phrase "severe disability", "developmental disabilities",

"physical or mental disability", "physical and mental

disabilities", or "physical disabilities") a disability

attributable to mental or physical impairment, or a combination

of mental and physical impairments, that results in substantial

functional limitations in 1 or more of the following areas of

major life activity: (A) self-care, (B) receptive and expressive

language, (C) learning, (D) mobility, (E) self-direction, (F)

capacity for independent living, (G) economic self-sufficiency,

(H) cognitive functioning, and (I) emotional adjustment.

(9) The term "severe disability" means a severe, chronic

disability attributable to mental or physical impairment, or a

combination of mental and physical impairments, that -

(A) is likely to continue indefinitely; and

(B) results in substantial functional limitation in 3 or more

of the major life activities specified in subparagraphs (A)

through (G) of paragraph (8).

(10) The term "assistive technology" means technology,

engineering methodologies, or scientific principles appropriate

to meet the needs of, and address the barriers confronted by,

older individuals with functional limitations.

(11) The term "information and referral" includes information

relating to assistive technology.

(12) The term "disease prevention and health promotion

services" means -

(A) health risk assessments;

(B) routine health screening, which may include hypertension,

glaucoma, cholesterol, cancer, vision, hearing, diabetes, bone

density, and nutrition screening;

individuals and their primary caregivers;

(D) health promotion programs, including but not limited to

programs relating to prevention and reduction of effects of

chronic disabling conditions (including osteoporosis and

cardiovascular disease), alcohol and substance abuse reduction,

smoking cessation, weight loss and control, and stress

management;

(E) programs regarding physical fitness, group exercise, and

music therapy, art therapy, and dance-movement therapy,

including programs for multigenerational participation that are

provided by -

(i) an institution of higher education;

(ii) a local educational agency, as defined in section 8801

(!1) of title 20; or

(iii) a community-based organization;

(F) home injury control services, including screening of

high-risk home environments and provision of educational

programs on injury prevention (including fall and fracture

prevention) in the home environment;

(G) screening for the prevention of depression, coordination

of community mental health services, provision of educational

activities, and referral to psychiatric and psychological

services;

(H) educational programs on the availability, benefits, and

appropriate use of preventive health services covered under

title XVIII of the Social Security Act (42 U.S.C. 1395 et

seq.);

(I) medication management screening and education to prevent

incorrect medication and adverse drug reactions;

(J) information concerning diagnosis, prevention, treatment,

and rehabilitation concerning age-related diseases and chronic

disabling conditions, including osteoporosis, cardiovascular

diseases, diabetes, and Alzheimer's disease and related

disorders with neurological and organic brain dysfunction;

(K) gerontological counseling; and

(L) counseling regarding social services and followup health

services based on any of the services described in

subparagraphs (A) through (K).

The term shall not include services for which payment may be made

under titles XVIII and XIX of the Social Security Act (42 U.S.C.

1395 et seq., 1396 et seq.).

(13) The term "abuse" means the willful -

(A) infliction of injury, unreasonable confinement,

intimidation, or cruel punishment with resulting physical harm,

pain, or mental anguish; or

(B) deprivation by a person, including a caregiver, of goods

or services that are necessary to avoid physical harm, mental

anguish, or mental illness.

(14) The term "Administration" means the Administration on

Aging.

(15) The term "adult child with a disability" means a child who

(A) is 18 years of age or older;

(B) is financially dependent on an older individual who is a

parent of the child; and

(16) The term "aging network" means the network of -

(A) State agencies, area agencies on aging, title VI

[subchapter X of this chapter] grantees, and the

Administration; and

(B) organizations that -

(i)(I) are providers of direct services to older

individuals; or

(II) are institutions of higher education; and

(ii) receive funding under this chapter.

(17) The term "area agency on aging" means an area agency on

aging designated under section 3025(a)(2)(A) of this title or a

State agency performing the functions of an area agency on aging

under section 3025(b)(5) of this title.

(18) The term "board and care facility" means an institution

regulated by a State pursuant to section 1382e(e) of this title.

(19) The term "in-home services" includes -

(A) services of homemakers and home health aides;

(B) visiting and telephone reassurance;

(D) in-home respite care for families, and adult day care as

a respite service for families;

(E) minor modification of homes that is necessary to

facilitate the ability of older individuals to remain at home

and that is not available under another program (other than a

program carried out under this chapter);

(F) personal care services; and

(G) other in-home services as defined -

(i) by the State agency in the State plan submitted in

accordance with section 3027 of this title; and

(ii) by the area agency on aging in the area plan submitted

in accordance with section 3026 of this title.

(20) The term "Native American" means -

(A) an Indian as defined in paragraph (5); and

(B) a Native Hawaiian, as defined in section 3057k of this

title.

(21) The term "case management service" -

(A) means a service provided to an older individual, at the

direction of the older individual or a family member of the

individual -

(i) by an individual who is trained or experienced in the

case management skills that are required to deliver the

services and coordination described in subparagraph (B); and

(ii) to assess the needs, and to arrange, coordinate, and

monitor an optimum package of services to meet the needs, of

the older individual; and

(B) includes services and coordination such as -

(i) comprehensive assessment of the older individual

(including the physical, psychological, and social needs of

the individual);

(ii) development and implementation of a service plan with

the older individual to mobilize the formal and informal

resources and services identified in the assessment to meet

the needs of the older individual, including coordination of

the resources and services -

(I) with any other plans that exist for various formal

services, such as hospital discharge plans; and

(II) with the information and assistance services

provided under this chapter;

(iii) coordination and monitoring of formal and informal

service delivery, including coordination and monitoring to

ensure that services specified in the plan are being

provided;

(iv) periodic reassessment and revision of the status of

the older individual with -

(I) the older individual; or

(II) if necessary, a primary caregiver or family member

of the older individual; and

(v) in accordance with the wishes of the older individual,

advocacy on behalf of the older individual for needed

services or resources.

(22) The term "elder abuse" means abuse of an older individual.

(23) The term "elder abuse, neglect, and exploitation" means

abuse, neglect, and exploitation, of an older individual.

(24) The term "exploitation" means the illegal or improper act

or process of an individual, including a caregiver, using the

resources of an older individual for monetary or personal

benefit, profit, or gain.

(25) The term "focal point" means a facility established to

encourage the maximum collocation and coordination of services

for older individuals.

(26) The term "frail" means, with respect to an older

individual in a State, that the older individual is determined to

be functionally impaired because the individual -

(A)(i) is unable to perform at least two activities of daily

living without substantial human assistance, including verbal

reminding, physical cueing, or supervision; or

(ii) at the option of the State, is unable to perform at

least three such activities without such assistance; or

(B) due to a cognitive or other mental impairment, requires

substantial supervision because the individual behaves in a

manner that poses a serious health or safety hazard to the

individual or to another individual.

(27) The term "greatest economic need" means the need resulting

from an income level at or below the poverty line.

(28) The term "greatest social need" means the need caused by

noneconomic factors, which include -

(A) physical and mental disabilities;

(B) language barriers; and

isolation caused by racial or ethnic status, that -

(i) restricts the ability of an individual to perform

normal daily tasks; or

(ii) threatens the capacity of the individual to live

independently.

(29) The term "information and assistance service" means a

service for older individuals that -

(A) provides the individuals with current information on

opportunities and services available to the individuals within

their communities, including information relating to assistive

technology;

(B) assesses the problems and capacities of the individuals;

that are available;

(D) to the maximum extent practicable, ensures that the

individuals receive the services needed by the individuals, and

are aware of the opportunities available to the individuals, by

establishing adequate followup procedures; and

(E) serves the entire community of older individuals,

particularly -

(i) older individuals with greatest social need; and

(ii) older individuals with greatest economic need.

(30) The term "institution of higher education" has the meaning

given the term in section 1001 of title 20.

(31) The term "legal assistance" -

(A) means legal advice and representation provided by an

attorney to older individuals with economic or social needs;

and

(B) includes -

(i) to the extent feasible, counseling or other appropriate

assistance by a paralegal or law student under the direct

supervision of an attorney; and

(ii) counseling or representation by a nonlawyer where

permitted by law.

(32) The term "long-term care facility" means -

(A) any skilled nursing facility, as defined in section

1395i-3(a) of this title;

(B) any nursing facility, as defined in section 1396r(a) of

this title;

title, a board and care facility; and

(D) any other adult care home similar to a facility or

institution described in subparagraphs (A) through (C).

(33) The term "multipurpose senior center" means a community

facility for the organization and provision of a broad spectrum

of services, which shall include provision of health (including

mental health), social, nutritional, and educational services and

the provision of facilities for recreational activities for older

individuals.

(34) The term "neglect" means -

(A) the failure to provide for oneself the goods or services

that are necessary to avoid physical harm, mental anguish, or

mental illness; or

(B) the failure of a caregiver to provide the goods or

services.

(35) The term "older individual" means an individual who is 60

years of age or older.

(36) The term "physical harm" means bodily injury, impairment,

or disease.

(37) The term "planning and service area" means an area

designated by a State agency under section 3025(a)(1)(E) of this

title, including a single planning and service area described in

section 3025(b)(5)(A) of this title.

(38) The term "poverty line" means the official poverty line

(as defined by the Office of Management and Budget, and adjusted

by the Secretary in accordance with section 9902(2) of this

title.

(39) The term "representative payee" means a person who is

appointed by a governmental entity to receive, on behalf of an

older individual who is unable to manage funds by reason of a

physical or mental incapacity, any funds owed to such individual

by such entity.

(40) The term "State agency" means the agency designated under

section 3025(a)(1) of this title.

(41) The term "supportive service" means a service described in

section 3030d(a) of this title.

(42) The term "family violence" has the same meaning given the

term in the Family Violence Prevention and Services Act (42

U.S.C. 10408).

(43) The term "sexual assault" has the meaning given the term

in section 3796gg-2 of this title.

-SOURCE-

(Pub. L. 89-73, title I, Sec. 102, July 14, 1965, 79 Stat. 219;

Pub. L. 90-42, Sec. 5(a), July 1, 1967, 81 Stat. 107; Pub. L.

91-69, Sec. 10(a), Sept. 17, 1969, 83 Stat. 114; Pub. L. 94-135,

title I, Secs. 104(b), 114(a), Nov. 28, 1975, 89 Stat. 714, 725;

Pub. L. 95-478, title V, Sec. 503(a), Oct. 18, 1978, 92 Stat. 1559;

Pub. L. 97-115, Sec. 2(a)(2), (3), Dec. 29, 1981, 95 Stat. 1595;

Pub. L. 100-175, title I, Secs. 136(a)(1), 146(a), 182(a), (b)(1),

Nov. 29, 1987, 101 Stat. 942, 950, 964; Pub. L. 100-628, title VII,

Sec. 705(1), Nov. 7, 1988, 102 Stat. 3247; Pub. L. 102-375, title

I, Sec. 102(a), (b)(1)(A), title IX, Sec. 904(a)(2), Sept. 30,

1992, 106 Stat. 1197, 1200, 1306; Pub. L. 103-171, Secs. 2(1),

3(a)(1), Dec. 2, 1993, 107 Stat. 1988, 1989; Pub. L. 105-244, title

I, Sec. 102(a)(13)(C), Oct. 7, 1998, 112 Stat. 1620; Pub. L.

106-501, title I, Sec. 101, title VIII, Sec. 801(a), Nov. 13, 2000,

114 Stat. 2227, 2291.)

-REFTEXT-

REFERENCES IN TEXT

The Alaska Native Claims Settlement Act, referred to in par. (6),

is Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, as amended, which

is classified generally to chapter 33 (Sec. 1601 et seq.) of Title

43, Public Lands. For complete classification of this Act of the

Code, see Short Title note set out under section 1601 of Title 43

and Tables.

The Social Security Act, referred to in par. (12), is act Aug.

14, 1935, ch. 531, 49 Stat. 620, as amended. Titles XVIII and XIX

of the Act are classified generally to subchapters XVIII (Sec. 1395

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.

Section 8801 of title 20, referred to in par. (12)(E)(ii), was

repealed by Pub. L. 107-110, title X, Sec. 1011(5)(C), Jan. 8,

2002, 115 Stat. 1986. See section 7801 of Title 20, Education.

The Family Violence Prevention and Services Act, referred to in

par. (42), is title III of Pub. L. 98-457, Oct. 9, 1984, 98 Stat.

1757, as amended, which is classified generally to chapter 110

(Sec. 10401 et seq.) of this title. For complete classification of

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

10401 of this title and Tables.

-MISC1-

AMENDMENTS

2000 - Par. (3). Pub. L. 106-501, Sec. 101(1), substituted "and

the Commonwealth of the Northern Mariana Islands" for "the

Commonwealth of the Northern Mariana Islands, and the Trust

Territory of the Pacific Islands".

Par. (12). Pub. L. 106-501, Sec. 101(2), added par. (12) and

struck out former par. (12) which read as follows: "The term 'Trust

Territory of the Pacific Islands' includes the Federated States of

Micronesia, the Republic of the Marshall Islands, and the Republic

of Palau."

Par. (18). Pub. L. 106-501, Sec. 101(3), redesignated par. (19)

as (18) and struck out former par. (18) which read as follows: "The

term 'art therapy' means the use of art and artistic processes

specifically selected and administered by an art therapist, to

accomplish the restoration, maintenance, or improvement of the

mental, emotional, or social functioning of an older individual."

Par. (19). Pub. L. 106-501, Sec. 101(4), added par. (19) and

struck out former par. (19) which read as follows: "The term

'caregiver' means an individual who has the responsibility for the

care of an older individual, either voluntarily, by contract, by

receipt of payment for care, or as a result of the operation of

law."

Pub. L. 106-501, Sec. 101(3), redesignated par. (20) as (19).

Former par. (19) redesignated (18).

Par. (20). Pub. L. 106-501, Sec. 101(4), added par. (20) and

struck out former par. (20) which read as follows: "The term

'caretaker' means a family member or other individual who provides

(on behalf of such individual or of a public or private agency,

organization, or institution) uncompensated care to an older

individual who needs supportive services."

Pub. L. 106-501, Sec. 101(3), redesignated par. (21) as (20).

Former par. (20) redesignated (19).

Par. (21). Pub. L. 106-501, Sec. 101(3), redesignated par. (22)

as (21). Former par. (21) redesignated (20).

Par. (22). Pub. L. 106-501, Sec. 101(5), redesignated par. (24)

as (22). Former par. (22) redesignated (21).

Par. (23). Pub. L. 106-501, Sec. 101(5), redesignated par. (25)

as (23) and struck out former par. (23) which read as follows: "The

term 'dance-movement therapy' means the use of psychotherapeutic

movement as a process facilitated by a dance-movement therapist, to

further the emotional, cognitive, or physical health of an older

individual."

Pars. (24) to (31). Pub. L. 106-501, Sec. 101(5), redesignated

pars. (26) to (33) as (24) to (31), respectively. Former pars. (24)

and (25) redesignated (22) and (23), respectively.

Par. (32). Pub. L. 106-501, Sec. 101(5), redesignated par. (34)

as (32). Former par. (32) redesignated (30).

Par. (32)(C). Pub. L. 106-501, Sec. 801(a), which directed that

par. (34)(C) be amended by substituting "3027(a)(9)" for

"3027(a)(12)", was executed by making the substitution in par.

(32)(C), to reflect the probable intent of Congress and the

redesignation of par. (34) as (32) by Pub. L. 106-501, Sec. 101(5).

See above.

Par. (33). Pub. L. 106-501, Sec. 101(5), redesignated par. (35)

as (33). Former par. (33) redesignated (31).

Pars. (34), (35). Pub. L. 106-501, Sec. 101(6), redesignated

pars. (37) and (38) as (34) and (35), respectively. Former pars.

(34) and (35) redesignated (32) and (33), respectively.

Par. (36). Pub. L. 106-501, Sec. 101(6), redesignated par. (39)

as (36) and struck out former par.(36) which read as follows: "The

term 'music therapy' means the use of musical or rhythmic

interventions specifically selected by a music therapist to

accomplish the restoration, maintenance, or improvement of social

or emotional functioning, mental processing, or physical health of

an older individual."

Pars. (37) to (41). Pub. L. 106-501, Sec. 101(6), redesignated

pars. (40) to (44) as (37) to (41), respectively. Former pars. (37)

to (39) redesignated (34) to (36), respectively.

Pars. (42), (43). Pub. L. 106-501, Sec. 101(7), added pars. (42)

and (43). Former pars. (42) and (43) redesignated (39) and (40),

respectively.

Par. (44). Pub. L. 106-501, Sec. 101(6), redesignated par. (44)

as (41).

1998 - Par. (32). Pub. L. 105-244 substituted "section 1001" for

"section 1141(a)".

1993 - Par. (2). Pub. L. 103-171, Sec. 3(a)(1), amended par. (2)

generally. Prior to amendment, par. (2) read as follows: "The term

'Commissioner' means, unless the context otherwise requires, the

Commissioner of the Administration."

Par. (3). Pub. L. 103-171, Sec. 2(1), substituted "Virgin Islands

of the United States" for "Virgin Islands".

1992 - Par. (2). Pub. L. 102-375, Sec. 904(a)(2), which directed

amendment of par. (2) by substituting "United States Virgin

Islands" for "Virgin Islands", could not be executed because

"Virgin Islands" did not appear in par. (2).

Pub. L. 102-375, Sec. 102(b)(1)(A), substituted "Administration"

for "Administration on Aging".

Pars. (13) to (44). Pub. L. 102-375, Sec. 102(a), added pars.

(13) to (44).

1988 - Par. (10). Pub. L. 100-628, Sec. 705(1)(A), redesignated

par. (8) defining "assistive technology" as (10).

Par. (11). Pub. L. 100-628, Sec. 705(1)(A), redesignated par. (9)

defining "information and referral" as (11).

Par. (12). Pub. L. 100-628, Sec. 705(1)(B), redesignated par. (8)

defining "Trust Territory of the Pacific Islands" as (12).

1987 - Par. (1). Pub. L. 100-175, Sec. 182(a), substituted

"except that for purposes of subchapter IX of this chapter such

term means the Secretary of Labor" for "other than for purposes of

subchapter IX of this chapter".

Par. (3). Pub. L. 100-175, Sec. 182(b)(1)(A), substituted "means

any of the several States," for "includes" and "the Commonwealth of

Puerto Rico" for "Puerto Rico".

Par. (8). Pub. L. 100-175, Sec. 182(b)(1)(B), added par. (8)

defining "Trust Territory of the Pacific Islands".

Pub. L. 100-175, Sec. 146(a), added par. (8) defining "assistive

technology".

Pub. L. 100-175, Sec. 136(a)(1), added par. (8) defining

"disability".

Par. (9). Pub. L. 100-175, Sec. 146(a), added par. (9) defining

"information and referral".

Pub. L. 100-175, Sec. 136(a)(1), added par. (9) defining "severe

disability".

1981 - Par. (1). Pub. L. 97-115, Sec. 2(a)(2), substituted

"Secretary of Health and Human Services" for "Secretary of Health,

Education, and Welfare".

Par. (3). Pub. L. 97-115, Sec. 2(a)(3)(A), inserted reference to

the Commonwealth of the Northern Mariana Islands.

Pars. (6), (7). Pub. L. 97-115, Sec. 2(a)(3)(B), (C), substituted

"Except for the purposes of subchapter X of this chapter, the term"

for "The term".

1978 - Par. (1). Pub. L. 95-478, Sec. 503(a)(1), inserted ",

other than for purposes of subchapter IX of this chapter".

Pars. (4) to (7). Pub. L. 95-478, Sec. 503(a)(2), redesignated

second par. (4), which was enacted by Pub. L. 94-135, Sec. 104(b),

as par. (5) and redesignated existing pars. (5) and (6) as (6) and

(7), respectively.

1975 - Par. (1). Pub. L. 94-135, Sec. 114(a), substituted a

period for the semicolon.

Pars. (4) to (6). Pub. 94-135, Sec. 104(b), added pars. (4) to

(6).

1969 - Par. (3). Pub. L. 91-69 enlarged term "State" to include

the Trust Territory of the Pacific Islands.

1967 - Par. (2). Pub. L. 90-42, Sec. 5(a)(1), inserted ", unless

the context otherwise requires," after "means".

Par. (4). Pub. L. 90-42, Sec. 5(a)(2), enlarged term nonprofit

institution or organization to include nonprofit agencies.

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as

otherwise provided in Pub. L. 105-244, see section 3 of Pub. L.

105-244, set out as a note under section 1001 of Title 20,

Education.

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 1978 AMENDMENT

Amendment by Pub. L. 95-478 effective at close of Sept. 30, 1978,

see section 504 of Pub. L. 95-478, 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 3030s-1, 3796hh, 6862,

14041 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 3003 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER I - DECLARATION OF OBJECTIVES AND DEFINITIONS

-HEAD-

Sec. 3003. Congressional declaration of additional objectives

-STATUTE-

The Congress finds that millions of older citizens in this Nation

are suffering unnecessary harm from the lack of adequate services.

It is therefore the purpose of this Act, in support of the

objectives of this chapter, to -

(1) make available comprehensive programs which include a full

range of health, education, and supportive services to our older

citizens who need them,

(2) give full and special consideration to older citizens with

special needs in planning such programs, and, pending the

availability of such programs for all older citizens, give

priority to the elderly with the greatest economic and social

need.

(3) provide comprehensive programs which will assure the

coordinated delivery of a full range of essential services to our

older citizens, and, where applicable, also furnish meaningful

employment opportunities for many individuals, including older

persons, young persons, and volunteers from the community, and

(4) insure that the planning and operation of such programs

will be undertaken as a partnership of older citizens, community

agencies, and State and local governments, with appropriate

assistance from the Federal Government.

-SOURCE-

(Pub. L. 93-29, title I, Sec. 101, May 3, 1973, 87 Stat. 30; Pub.

L. 97-115, Sec. 3(d), Dec. 29, 1981, 95 Stat. 1597.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, means Pub. L. 93-29, May 3, 1973,

87 Stat. 30, as amended, known as the Older Americans Comprehensive

Services Amendments of 1973. For complete classification of this

Act to the Code, see Short Title of 1973 Amendment note set out

under section 3001 of this title and Tables.

-COD-

CODIFICATION

Section was not enacted as part of the Older Americans Act of

1965 which comprises this chapter.

-MISC1-

AMENDMENTS

1981 - Par. (1). Pub. L. 97-115 substituted "supportive services"

for "social services".

-End-

-CITE-

42 USC SUBCHAPTER II - ADMINISTRATION ON AGING 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER II - ADMINISTRATION ON AGING

-HEAD-

SUBCHAPTER II - ADMINISTRATION ON AGING

-End-

-CITE-

42 USC Sec. 3011 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER II - ADMINISTRATION ON AGING

-HEAD-

Sec. 3011. Establishment of Administration on Aging

-STATUTE-

(a) Function and operation

There is established in the Office of the Secretary an

Administration on Aging which shall be headed by an Assistant

Secretary for Aging. Except for subchapter IX of this chapter, the

Administration shall be the agency for carrying out this chapter.

There shall be a direct reporting relationship between the

Assistant Secretary and the Secretary. In the performance of the

functions of the Assistant Secretary, the Assistant Secretary shall

be directly responsible to the Secretary. The Secretary shall not

approve or require any delegation of the functions of the Assistant

Secretary (including the functions of the Assistant Secretary

carried out through regional offices) to any other officer not

directly responsible to the Assistant Secretary.

(b) Appointment of Assistant Secretary

The Assistant Secretary shall be appointed by the President by

and with the advice and consent of the Senate.

Programs; Director

(1) There is established in the Administration an Office for

American Indian, Alaskan Native, and Native Hawaiian Programs.

(2) The Office shall be headed by a Director of the Office for

American Indian, Alaskan Native, and Native Hawaiian Aging

appointed by the Assistant Secretary.

(3) The Director of the Office for American Indian, Alaskan

Native, and Native Hawaiian Aging shall -

(A)(i) evaluate the adequacy of outreach under subchapter III

of this chapter and subchapter X of this chapter for older

individuals who are Native Americans and recommend to the

Assistant Secretary necessary action to improve service delivery,

outreach, coordination between subchapter III and subchapter X

services, and particular problems faced by older Indians and

Native Hawaiians; and

(ii) include a description of the results of such evaluation

and recommendations in the annual report required by section

3018(a) of this title to be submitted by the Assistant Secretary;

(B) serve as the effective and visible advocate in behalf of

older individuals who are Native Americans within the Department

of Health and Human Services and with other departments and

agencies of the Federal Government regarding all Federal policies

affecting such individuals, with particular attention to services

provided to Native Americans by the Indian Health Service;

agencies to assure a continuum of improved services through

memoranda of agreements or through other appropriate means of

coordination;

(D) administer and evaluate the grants provided under this

chapter to Indian tribes, public agencies and nonprofit private

organizations serving Native Hawaiians;

(E) recommend to the Assistant Secretary policies and

priorities with respect to the development and operation of

programs and activities conducted under this chapter relating to

older individuals who are Native Americans;

(F) collect and disseminate information related to problems

experienced by older Native Americans, including information

(compiled with assistance from public or nonprofit private

entities, including institutions of higher education, with

experience in assessing the characteristics and health status of

older individuals who are Native Americans) on elder abuse,

in-home care, health problems, and other problems unique to

Native Americans;

(G) develop research plans, and conduct and arrange for

research, in the field of American Native aging with a special

emphasis on the gathering of statistics on the status of older

individuals who are Native Americans;

(H) develop and provide technical assistance and training

programs to grantees under subchapter X of this chapter;

(I) promote coordination -

(i) between the administration of subchapter III of this

chapter and the administration of subchapter X of this chapter;

and

(ii) between programs established under subchapter III of

this chapter by the Assistant Secretary and programs

established under subchapter X of this chapter by the Assistant

Secretary;

including sharing among grantees information on programs funded,

and on training and technical assistance provided, under such

subchapters; and

(J) serve as the effective and visible advocate on behalf of

older individuals who are Indians, Alaskan Natives, and Native

Hawaiians, in the States to promote the enhanced delivery of

services and implementation of programs, under this chapter and

other Federal Acts, for the benefit of such individuals.

(d) Office of Long-Term Care Ombudsman Programs

(1) There is established in the Administration the Office of

Long-Term Care Ombudsman Programs (in this subsection referred to

as the "Office").

(2)(A) The Office shall be headed by a Director of the Office of

Long-Term Care Ombudsman Programs (in this subsection referred to

as the "Director") who shall be appointed by the Assistant

Secretary from among individuals who have expertise and background

in the fields of long-term care advocacy and management. The

Director shall report directly to the Assistant Secretary.

(B) No individual shall be appointed Director if -

(i) the individual has been employed within the previous 2

years by -

(I) a long-term care facility;

(II) a corporation that then owned or operated a long-term

care facility; or

(III) an association of long-term care facilities;

(ii) the individual -

(I) has an ownership or investment interest (represented by

equity, debt, or other financial relationship) in a long-term

care facility or long-term care service; or

(II) receives, or has 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; or

(iii) the individual, or any member of the immediate family of

the individual, is subject to a conflict of interest.

(3) The Director shall -

(A) serve as an effective and visible advocate on behalf of

older individuals who reside in long-term care facilities, within

the Department of Health and Human Services and with other

departments, agencies, and instrumentalities of the Federal

Government regarding all Federal policies affecting such

individuals;

(B) review and make recommendations to the Assistant Secretary

regarding -

(i) the approval of the provisions in State plans submitted

under section 3027(a) of this title that relate to State

Long-Term Care Ombudsman programs; and

(ii) the adequacy of State budgets and policies relating to

the programs;

the State agencies, make recommendations to the Assistant

Secretary regarding -

(i) policies designed to assist State Long-Term Care

Ombudsmen; and

(ii) methods to periodically monitor and evaluate the

operation of State Long-Term Care Ombudsman programs, to ensure

that the programs satisfy the requirements of section

3027(a)(9) of this title and section 3058g of this title,

including provision of service to residents of board and care

facilities and of similar adult care facilities;

(D) keep the Assistant Secretary and the Secretary fully and

currently informed about -

(i) problems relating to State Long-Term Care Ombudsman

programs; and

(ii) the necessity for, and the progress toward, solving the

problems;

(E) review, and make recommendations to the Secretary and the

Assistant Secretary regarding, existing and proposed Federal

legislation, regulations, and policies regarding the operation of

State Long-Term Care Ombudsman programs;

(F) make recommendations to the Assistant Secretary and the

Secretary regarding the policies of the Administration, and

coordinate the activities of the Administration with the

activities of other Federal entities, State and local entities,

and nongovernmental entities, relating to State Long-Term Care

Ombudsman programs;

(G) supervise the activities carried out under the authority of

the Administration that relate to State Long-Term Care Ombudsman

programs;

(H) administer the National Ombudsman Resource Center

established under section 3012(a)(21) (!1) of this title and make

recommendations to the Assistant Secretary regarding the

operation of the National Ombudsman Resource Center;

(I) advocate, monitor, and coordinate Federal and State

activities of Long-Term Care Ombudsmen under this chapter;

(J) submit to the Speaker of the House of Representatives and

the President pro tempore of the Senate an annual report on the

effectiveness of services provided under section 3027(a)(9) of

this title and section 3058g of this title;

(K) have authority to investigate the operation or violation of

any Federal law administered by the Department of Health and

Human Services that may adversely affect the health, safety,

welfare, or rights of older individuals; and

(L) not later than 180 days after September 30, 1992, establish

standards applicable to the training required by section

3058g(h)(4) of this title.

-SOURCE-

(Pub. L. 89-73, title II, Sec. 201, July 14, 1965, 79 Stat. 220;

Pub. L. 93-29, title II, Sec. 201(a), May 3, 1973, 87 Stat. 30;

Pub. L. 93-351, Sec. 2(a), July 12, 1974, 88 Stat. 357; Pub. L.

95-478, title V, Sec. 503(b)(1), Oct. 18, 1978, 92 Stat. 1559; Pub.

L. 98-459, title II, Sec. 201, Oct. 9, 1984, 98 Stat. 1767; Pub. L.

100-175, title I, Secs. 102, 107(a), 182(c), Nov. 29, 1987, 101

Stat. 928, 931, 964; Pub. L. 102-375, title I, Sec. 102(b)(1)(A),

(2), title II, Sec. 201, title IX, Sec. 904(a)(3), Sept. 30, 1992,

106 Stat. 1200, 1201, 1202, 1306; Pub. L. 103-171, Sec. 3(a)(2),

Dec. 2, 1993, 107 Stat. 1989; Pub. L. 106-501, title VIII, Sec.

801(b)(1), Nov. 13, 2000, 114 Stat. 2291.)

-REFTEXT-

REFERENCES IN TEXT

Section 3012(a)(21) of this title, referred to in subsec.

(d)(3)(H), was redesignated section 3012(a)(18) of this title and

section 3012(a)(24) was redesignated section 3012(a)(21) by Pub. L.

106-501, title II, Sec. 201(1)(B), Nov. 13, 2000, 114 Stat. 2229.

-MISC1-

AMENDMENTS

2000 - Subsec. (d)(3)(C)(ii), (J). Pub. L. 106-501 substituted

"3027(a)(9)" for "3027(a)(12)".

1993 - Subsec. (a). Pub. L. 103-171, Sec. 3(a)(2)(A), (D),

substituted "an Assistant Secretary for Aging" for "a Commissioner

on Aging" and substituted "the Assistant Secretary" for "the

Commissioner" wherever appearing.

Subsec. (b). Pub. L. 103-171, Sec. 3(a)(2)(D), substituted

"Assistant Secretary" for "Commissioner".

Subsec. (c)(2). Pub. L. 103-171, Sec. 3(a)(2)(B)(i), (D),

substituted "a Director of the Office for" for "an Associate

Commissioner on" and "Assistant Secretary" for "Commissioner".

Subsec. (c)(3). Pub. L. 103-171, Sec. 3(a)(2)(B)(ii), (D),

substituted "Director of the Office for" for "Associate

Commissioner on" in introductory provisions and "Assistant

Secretary" for "Commissioner" wherever appearing in subpars. (A),

(E), and (I)(ii).

Subsec. (d)(2). Pub. L. 103-171, Sec. 3(a)(2)(C), (D),

substituted "a Director of the Office of Long-Term Care Ombudsman

Programs" for "an Associate Commissioner for Ombudsman Programs" in

subpar. (A), "Director" for "Associate Commissioner" wherever

appearing, and "Assistant Secretary" for "Commissioner" in two

places in subpar. (A).

Subsec. (d)(3). Pub. L. 103-171, Sec. 3(a)(2)(C)(ii), (D),

substituted "Director" for "Associate Commissioner" in introductory

provisions and "Assistant Secretary" for "Commissioner" in subpars.

(B) to (F) and (H).

1992 - Subsec. (a). Pub. L. 102-375, Secs. 102(b)(2), 201(a),

struck out "(hereinafter in this chapter referred to as the

'Administration')" after "Administration on Aging" and

"(hereinafter in this chapter referred to as the 'Commissioner')"

after "Commissioner on Aging" and inserted "(including the

functions of the Commissioner carried out through regional

offices)" after "functions of the Commissioner".

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

"Administration" for "Administration on Aging".

Subsec. (c)(3)(A)(i). Pub. L. 102-375, Sec. 904(a)(3)(A),

inserted "individuals who are" before "Native Americans".

Subsec. (c)(3)(B). Pub. L. 102-375, Secs. 201(b)(1),

904(a)(3)(A), (B), inserted "individuals who are" before "Native

Americans within" and substituted "affecting such individuals, with

particular attention to services provided to Native Americans by

the Indian Health Service" for "affecting older Native Americans".

Subsec. (c)(3)(E). Pub. L. 102-375, Sec. 904(a)(3)(A), (C),

substituted "this chapter" for "the chapter" and inserted

"individuals who are" after "older".

Subsec. (c)(3)(F). Pub. L. 102-375, Sec. 201(b)(2), inserted

before semicolon ", including information (compiled with assistance

from public or nonprofit private entities, including institutions

of higher education, with experience in assessing the

characteristics and health status of older individuals who are

Native Americans) on elder abuse, in-home care, health problems,

and other problems unique to Native Americans".

Subsec. (c)(3)(G). Pub. L. 102-375, Sec. 904(a)(3)(A), inserted

"individuals who are" before "Native Americans".

Subsec. (c)(3)(I), (J). Pub. L. 102-375, Sec. 201(b)(3)-(5),

added subpars. (I) and (J).

Subsec. (d). Pub. L. 102-375, Sec. 201(c), added subsec. (d).

1987 - Subsec. (a). Pub. L. 100-175, Sec. 182(c), substituted

"the functions of the Commissioner" for "his functions".

Pub. L. 100-175, Sec. 102, substituted "between the Commissioner

and the Secretary" for "between the Commissioner and the Office of

the Secretary" and "responsible to the Secretary" for "responsible

to the Office of the Secretary".

Subsec. (c). Pub. L. 100-175, Sec. 107(a), added subsec. (c).

1984 - Subsec. (a). Pub. L. 98-459, Sec. 201(1), (3), (4),

substituted "the agency" for "the principal agency", inserted

provision requiring establishment of a direct reporting

relationship between Commissioner and Office of the Secretary, and

substituted "approve or require" for "approve".

Pub. L. 98-459, Sec. 201(2), which directed that "the functions

of the Administration" be substituted for "his functions" in second

sentence could not be executed because "his functions" appeared

only in third sentence.

1978 - Subsec. (a). Pub. L. 95-478 substituted "subchapter IX of

this chapter" for "subchapter VI of this chapter and as otherwise

specifically provided by the Older Americans Comprehensive Services

Amendments of 1973".

1974 - Subsec. (a). Pub. L. 93-351 struck out provisions which

had authorized the Secretary of Health, Education, and Welfare,

under certain conditions, to approve a delegation of the functions

of the Commissioner on Aging to officers not directly responsible

to the Commissioner.

1973 - Subsec. (a). Pub. L. 93-29 added subsec. (a). Former

provision established the Administration on Aging in the Department

of Health, Education, and Welfare.

Subsec. (b). Pub. L. 93-29 struck out provision respecting the

direction of the Administration by a Commissioner on Aging, now

incorporated in subsec. (a) of this section.

-CHANGE-

CHANGE OF NAME

Section 3(c) of Pub. L. 103-171 provided that: "Any reference to

the Commissioner on Aging in any order, rule, guideline, contract,

grant, suit, or proceeding that is pending, enforceable, or in

effect on the date of the enactment of this Act [Dec. 2, 1993]

shall be deemed to be a reference to the Assistant Secretary for

Aging."

-MISC2-

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 OF 1978 AMENDMENT

Amendment by Pub. L. 95-478 effective at close of Sept. 30, 1978,

see section 504 of Pub. L. 95-478, set out as a note under section

3001 of this title.

-TRANS-

MODIFICATION OF DELEGATION OF FUNCTIONS OF COMMISSIONER ON AGING IN

EFFECT ON JULY 12, 1974

Section 2(b) of Pub. L. 93-351 provided that: "Any delegation of

the functions of the Commissioner on Aging [now Assistant Secretary

for Aging] in effect on the date of enactment of this Act [July 12,

1974], issued pursuant to section 201(a) of such Act [subsec. (a)

of this section], shall be modified by the Commissioner to comply

with the provisions of the amendment made by this section [amending

this section]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3012 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 3012 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER II - ADMINISTRATION ON AGING

-HEAD-

Sec. 3012. Functions of Assistant Secretary

-STATUTE-

(a) Duties and functions of Administration

It shall be the duty and function of the Administration to -

(1) serve as the effective and visible advocate for older

individuals within the Department of Health and Human Services

and with other departments, agencies, and instrumentalities of

the Federal Government by maintaining active review and

commenting responsibilities over all Federal policies affecting

older individuals;

(2) collect and disseminate information related to problems of

the aged and aging;

(3) directly assist the Secretary in all matters pertaining to

problems of the aged and aging;

(4) administer the grants provided by this chapter;

(5) develop plans, conduct and arrange for research in the

field of aging, and assist in the establishment and

implementation of programs designed to meet the needs of older

individuals for supportive services, including nutrition,

hospitalization, education and training services (including

preretirement training, and continuing education), low-cost

transportation and housing, and health (including mental health)

services;

(6) provide technical assistance and consultation to States and

political subdivisions thereof with respect to programs for the

aged and aging;

(7) prepare, publish, and disseminate educational materials

dealing with the welfare of older individuals;

(8) gather statistics in the field of aging which other Federal

agencies are not collecting, and take whatever action is

necessary to achieve coordination of activities carried out or

assisted by all departments, agencies, and instrumentalities of

the Federal Government with respect to the collection,

preparation, and dissemination of information relevant to older

individuals;

(9) develop basic policies and set priorities with respect to

the development and operation of programs and activities

conducted under authority of this chapter;

(10) coordinate Federal programs and activities related to such

purposes;

(11) coordinate, and assist in, the planning and development by

public (including Federal, State, and local agencies) and private

organizations of programs for older individuals, with a view to

the establishment of a nationwide network of comprehensive,

coordinated services and opportunities for such individuals;

(12) carry on a continuing evaluation of the programs and

activities related to the objectives of this chapter, with

particular attention to the impact of medicare and medicaid, the

Age Discrimination in Employment Act of 1967 [29 U.S.C. 621 et

seq.], and the programs of the National Housing Act [12 U.S.C.

1701 et seq.] relating to housing for older individuals and the

setting of standards for the licensing of nursing homes,

intermediate care homes, and other facilities providing care for

such individuals;

(13) provide information and assistance to private

organizations for the establishment and operation by them of

programs and activities related to the objectives of this

chapter;

(14) develop, in coordination with other agencies, a national

plan for meeting the needs for trained personnel in the field of

aging, and for training persons for carrying out programs related

to the objectives of this chapter, and conduct and provide for

the conducting of such training;

(15) consult with national organizations representing minority

individuals to develop and disseminate training packages and to

provide technical assistance efforts designed to assist State and

area agencies on aging, and service providers, in providing

services to older individuals with greatest economic need or

individuals with greatest social need, with particular attention

to and specific objectives for providing services to low-income

minority individuals and older individuals residing in rural

areas;

(16) collect for each fiscal year, for fiscal years beginning

after September 30, 1988, directly or by contract, statistical

data regarding programs and activities carried out with funds

provided under this chapter, including -

(A) with respect to each type of service or activity provided

with such funds -

(i) the aggregate amount of such funds expended to provide

such service or activity;

(ii) the number of individuals who received such service or

activity; and

(iii) the number of units of such service or activity

provided;

(B) the number of senior centers which received such funds;

and

under section 3025(a) of this title satisfied the requirements

of paragraphs (2) and (4)(A) of section 3026(a) of this title;

(17) obtain from -

(A) the Department of Agriculture information explaining the

requirements for eligibility to receive benefits under the Food

Stamp Act of 1977 [7 U.S.C. 2011 et seq.]; and

(B) the Social Security Administration information explaining

the requirements for eligibility to receive supplemental

security income benefits under title XVI of the Social Security

Act [42 U.S.C. 1381 et seq.] (or assistance under a State plan

program under title XVI of that Act);

and distribute such information, in written form, to State

agencies, for redistribution to area agencies on aging, to carry

out outreach activities and application assistance;

(18)(A) establish and operate the National Ombudsman Resource

Center (in this paragraph referred to as the "Center"), under the

administration of the Director of the Office of Long-Term Care

Ombudsman Programs, that will -

(i) by grant or contract -

(I) conduct research;

(II) provide training, technical assistance, and

information to State Long-Term Care Ombudsmen;

(III) analyze laws, regulations, programs, and practices;

and

(IV) provide assistance in recruiting and retaining

volunteers for State Long-Term Care Ombudsman programs by

establishing a national program for recruitment efforts that

utilizes the organizations that have established a successful

record in recruiting and retaining volunteers for ombudsman

or other programs;

relating to Federal, State, and local long-term care ombudsman

policies; and

(ii) assist State Long-Term Care Ombudsmen in the

implementation of State Long-Term Care Ombudsman programs; and

(B) make available to the Center not less than the amount of

resources made available to the Long-Term Care Ombudsman National

Resource Center for fiscal year 2000;

(19) conduct strict monitoring of State compliance with the

requirements in effect, under this chapter to prohibit conflicts

of interest and to maintain the integrity and public purpose of

services provided and service providers, under this chapter in

all contractual and commercial relationships;

(20) encourage, and provide technical assistance to, States and

area agencies on aging to carry out outreach to inform older

individuals with greatest economic need who may be eligible to

receive, but are not receiving, supplemental security income

benefits under title XVI of the Social Security Act (42 U.S.C.

1381 et seq.) (or assistance under a State plan program under

such title), medical assistance under title XIX of such Act (42

U.S.C. 1396 et seq.), and benefits under the Food Stamp Act of

1977 (7 U.S.C. 2011 et seq.), of the requirements for eligibility

to receive such benefits and such assistance;

(21) establish information and assistance services as priority

services for older individuals, and develop and operate, either

directly or through contracts, grants, or cooperative agreements,

a National Eldercare Locator Service, providing information and

assistance services through a nationwide toll-free number to

identify community resources for older individuals;

(22) develop guidelines for area agencies on aging to follow in

choosing and evaluating providers of legal assistance;

(23) develop guidelines and a model job description for

choosing and evaluating legal assistance developers referred to

in section 3027(a)(13) of this title and section 3058j of this

title;

(24) establish and carry out pension counseling and information

programs described in section 3020e-1 of this title;

(25) provide technical assistance, training, and other means of

assistance to State agencies, area agencies on aging, and service

providers regarding State and local data collection and analysis;

(26) design and implement, for purposes of compliance with

paragraph (19), uniform data collection procedures for use by

State agencies, including -

(A) uniform definitions and nomenclature;

(B) standardized data collection procedures;

(D) procedures for collecting information on gaps in services

needed by older individuals, as identified by service providers

in assisting clients through the provision of the supportive

services; and

(E) procedures for the assessment of unmet needs for services

under this chapter; and

(27) improve the delivery of services to older individuals

living in rural areas through -

(A) synthesizing results of research on how best to meet the

service needs of older individuals in rural areas;

(B) developing a resource guide on best practices for States,

area agencies on aging, and service providers;

implement these best practices of service delivery; and

(D) submitting a report on the States' experiences in

implementing these best practices and the effect these

innovations are having on improving service delivery in rural

areas to the relevant committees not later than 36 months after

November 13, 2000.

(b) Policy alternatives in long-term care

In order to strengthen the involvement of the Administration in

the development of policy alternatives in long-term care and to

insure that the development of community alternatives is given

priority attention, the Assistant Secretary shall -

(1) develop planning linkages with utilization and quality

control peer review organizations under title XI of the Social

Security Act [42 U.S.C. 1301 et seq.], with the Substance Abuse

and Mental Health Services Administration and the Administration

on Developmental Disabilities;

(2) participate in all departmental and interdepartmental

activities which concern issues of institutional and

noninstitutional long-term health care services development;

(3) review and comment on all departmental regulations and

policies regarding community health and social service

development for older individuals; and

(4) participate in all departmental and interdepartmental

activities to provide a leadership role for the Administration,

State agencies, and area agencies on aging in the development and

implementation of a national community-based long-term care

program for older individuals.

voluntary social services group

In executing the duties and functions of the Administration under

this chapter and carrying out the programs and activities provided

for by this chapter, the Assistant Secretary, in consultation with

the Corporation for National and Community Service, shall take all

possible steps to encourage and permit voluntary groups active in

supportive services, including youth organizations active at the

high school or college levels, to participate and be involved

individually or through representative groups in such programs or

activities to the maximum extent feasible, through the performance

of advisory or consultative functions, and in other appropriate

ways.

(d) National Center on Elder Abuse

(1) The Assistant Secretary shall establish and operate the

National Center on Elder Abuse (in this subsection referred to as

the "Center").

(2) In operating the Center, the Assistant Secretary shall -

(A) annually compile, publish, and disseminate a summary of

recently conducted research on elder abuse, neglect, and

exploitation;

(B) develop and maintain an information clearinghouse on all

programs (including private programs) showing promise of success,

for the prevention, identification, and treatment of elder abuse,

neglect, and exploitation;

personnel who are engaged or intend to engage in the prevention,

identification, and treatment of elder abuse, neglect, and

exploitation;

(D) provide technical assistance to State agencies and to other

public and nonprofit private agencies and organizations to assist

the agencies and organizations in planning, improving,

developing, and carrying out programs and activities relating to

the special problems of elder abuse, neglect, and exploitation;

and

(E) conduct research and demonstration projects regarding the

causes, prevention, identification, and treatment of elder abuse,

neglect, and exploitation.

(3)(A) The Assistant Secretary shall carry out paragraph (2)

through grants or contracts.

(B) The Assistant Secretary shall issue criteria applicable to

the recipients of funds under this subsection. To be eligible to

receive a grant or enter into a contract under subparagraph (A), 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.

(i) establish research priorities for making grants or

contracts to carry out paragraph (2)(E); and

(ii) not later than 60 days before the date on which the

Assistant Secretary establishes such priorities, publish in the

Federal Register for public comment a statement of such proposed

priorities.

(4) The Assistant Secretary shall make available to the Center

such resources as are necessary for the Center to carry out

effectively the functions of the Center under this chapter and not

less than the amount of resources made available to the Resource

Center on Elder Abuse for fiscal year 2000.

(e) National Aging Information Center

(1)(A) The Assistant Secretary shall make grants or enter into

contracts with eligible entities to establish the National Aging

Information Center (in this subsection referred to as the "Center")

to -

(i) provide information about grants and projects under

subchapter IV of this chapter;

(ii) annually compile, analyze, publish, and disseminate -

(I) statistical data collected under subsection (a)(19) of

this section;

(II) census data on aging demographics; and

(III) data from other Federal agencies on the health, social,

and economic status of older individuals and on the services

provided to older individuals;

(iii) biennially compile, analyze, publish, and disseminate

statistical data collected on the functions, staffing patterns,

and funding sources of State agencies and area agencies on aging;

(iv) analyze the information collected under section

3011(c)(3)(F) of this title by the Director of the Office for

American Indian, Alaskan Native, and Native Hawaiian Aging;

(v) provide technical assistance, training, and other means of

assistance to State agencies, area agencies on aging, and service

providers, regarding State and local data collection and

analysis; and

(vi) be a national resource on statistical data regarding

aging; (!1)

(B) To be eligible to receive a grant or enter into a contract

under subparagraph (A), 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.

under subparagraph (A) shall be organizations with a demonstrated

record of experience in education and information dissemination.

(2)(A) The Assistant Secretary shall establish procedures

specifying the length of time that the Center shall provide the

information described in paragraph (1) with respect to a particular

project or activity. The procedures shall require the Center to

maintain the information beyond the term of the grant awarded, or

contract entered into, to carry out the project or activity.

(B) The Assistant Secretary shall establish the procedures

described in subparagraph (A) after consultation with -

(i) practitioners in the field of aging;

(ii) older individuals;

(iii) representatives of institutions of higher education;

(iv) national aging organizations;

(v) State agencies;

(vi) area agencies on aging;

(vii) legal assistance providers;

(viii) service providers; and

(ix) other persons with an interest in the field of aging.

(f) Development of performance outcome measures

(1) The Assistant Secretary, in accordance with the process

described in paragraph (2), and in collaboration with a

representative group of State agencies, tribal organizations, area

agencies on aging, and providers of services involved in the

performance outcome measures shall develop and publish by December

31, 2001, a set of performance outcome measures for planning,

managing, and evaluating activities performed and services provided

under this chapter. To the maximum extent possible, the Assistant

Secretary shall use data currently collected (as of the date of

development of the measures) by State agencies, area agencies on

aging, and service providers through the National Aging Program

Information System and other applicable sources of information in

developing such measures.

(2) The process for developing the performance outcome measures

described in paragraph (1) shall include -

(A) a review of such measures currently in use by State

agencies and area agencies on aging (as of the date of the

review);

(B) development of a proposed set of such measures that

provides information about the major activities performed and

services provided under this chapter;

including an identification of resource, infrastructure, and data

collection issues at the State and local levels; and

(D) evaluation of the pilot test and recommendations for

modification of the proposed set of such measures.

-SOURCE-

(Pub. L. 89-73, title II, Sec. 202, July 14, 1965, 79 Stat. 220;

Pub. L. 93-29, title II, Sec. 201(b), May 3, 1973, 87 Stat. 31;

Pub. L. 94-135, title I, Sec. 114(b), (c), Nov. 28, 1975, 89 Stat.

725; Pub. L. 95-478, title I, Sec. 102(a), title V, Sec. 503(b)(2),

(4), Oct. 18, 1978, 92 Stat. 1513, 1559; Pub. L. 97-115, Secs.

2(b), (c), 3(d), Dec. 29, 1981, 95 Stat. 1595, 1597; Pub. L.

98-459, title II, Sec. 202, Oct. 9, 1984, 98 Stat. 1768; Pub. L.

100-175, title I, Secs. 103(a), 105(a), 106(a), 155(a), Nov. 29,

1987, 101 Stat. 928, 930, 952; Pub. L. 102-321, title I, Sec.

163(c)(2)(A), July 10, 1992, 106 Stat. 377; Pub. L. 102-375, title

I, Sec. 102(b)(10)(A), title II, Sec. 202(a)-(f), title VII, Sec.

708(c)(1), title IX, Sec. 904(a)(4), Sept. 30, 1992, 106 Stat.

1202, 1205-1208, 1292, 1306; Pub. L. 103-82, title IV, Sec.

405(g)(1), Sept. 21, 1993, 107 Stat. 921; Pub. L. 103-171, Secs.

2(2), (3), 3(a)(3), Dec. 2, 1993, 107 Stat. 1988, 1990; Pub. L.

106-501, title II, Sec. 201, title VIII, Sec. 801(b)(2), Nov. 13,

2000, 114 Stat. 2229, 2291.)

-REFTEXT-

REFERENCES IN TEXT

The Age Discrimination in Employment Act of 1967, referred to in

subsec. (a)(12), 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.

The National Housing Act, referred to in subsec. (a)(12), is act

June 27, 1934, ch. 847, 48 Stat. 1246, as amended, which is

classified principally to chapter 13 (Sec. 1701 et seq.) of Title

12, Banks and Banking. For complete classification of this Act to

the Code, see section 1701 of Title 12 and Tables.

The Food Stamp Act of 1977, referred to in subsec. (a)(17)(A),

(20), 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.

The Social Security Act, referred to in subsecs. (a)(17)(B),

(20), and (b)(1), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as

amended. Titles XI, XVI, and XIX of that Act are classified

generally to subchapters XI (Sec. 1301 et seq.), 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.

-COD-

CODIFICATION

November 13, 2000, referred to in subsec. (a)(27)(D), was in the

original "enactment", which was translated as meaning the date of

enactment of Pub. L. 106-501, which enacted subsec. (a)(27), to

reflect the probable intent of Congress.

-MISC1-

AMENDMENTS

2000 - Subsec. (a)(9). Pub. L. 106-501, Sec. 201(1)(A),

redesignated par. (10) as (9) and struck out former par. (9) which

read as follows: "stimulate more effective use of existing

resources and available services for the aged and aging, including

existing legislative protections with particular emphasis on the

application of the Age Discrimination in Employment Act of 1967;".

Subsec. (a)(10), (11). Pub. L. 106-501, Sec. 201(1)(A),

redesignated pars. (11) and (12) as (10) and (11), respectively.

Former par. (10) redesignated (9).

Subsec. (a)(12). Pub. L. 106-501, Sec. 201(1)(B), redesignated

par. (15) as (12). Former par. (12) redesignated (11).

Subsec. (a)(13), (14). Pub. L. 106-501, Sec. 201(1)(B),

redesignated pars. (16) and (17) as (13) and (14), respectively,

and struck out former pars. (13) and (14), which read as follows:

"(13) convene conferences of such authorities and officials of

public (including Federal, State, and local agencies) and nonprofit

private organizations concerned with the development and operation

of programs for older individuals as the Assistant Secretary deems

necessary or proper for the development and implementation of

policies related to the objectives of this chapter;

"(14) develop and operate programs providing services and

opportunities as authorized by this chapter which are not otherwise

provided by existing programs for older individuals;".

Subsec. (a)(15). Pub. L. 106-501, Sec. 201(1)(B), (C),

redesignated par. (18) as (15) and inserted "and older individuals

residing in rural areas" after "low-income minority individuals".

Former par. (15) redesignated (12).

Subsec. (a)(16). Pub. L. 106-501, Sec. 201(1)(B), redesignated

par. (19) as (16). Former par. (16) redesignated (13).

Subsec. (a)(16)(C). Pub. L. 106-501, Sec. 801(b)(2)(A)(i), which

directed that par. (19)(C) be amended by substituting "paragraphs

(2) and (4)(A) of section 3026(a)" for "paragraphs (2) and (5)(A)

of section 3026(a)", was executed by making the substitution in

par. (16)(C), to reflect the probable intent of Congress and the

redesignation of par. (19) as (16) by Pub. L. 106-501, Sec.

201(1)(B). See above.

Subsec. (a)(17). Pub. L. 106-501, Sec. 201(1)(B), redesignated

par. (20) as (17). Former par. (17) redesignated (14).

Subsec. (a)(18). Pub. L. 106-501, Sec. 201(1)(B), (D),

redesignated par. (21) as (18) and substituted "2000" for "1990" in

subpar. (B). Former par. (18) redesignated (15).

Subsec. (a)(19). Pub. L. 106-501, Sec. 201(1)(E), added par. (19)

and struck out former par. (19) which directed the Administration

to issue regulations, and conduct strict monitoring of State

compliance with the requirements in effect, under this chapter to

prohibit conflicts of interest and to maintain the integrity and

public purpose of services provided and service providers, under

this chapter in all contractual and commercial relationships, and

to include in such regulations certain conditions for being

designated as an area agency on aging.

Pub. L. 106-501, Sec. 201(1)(B), redesignated par. (22) as (19).

Former par. (19) redesignated (16).

Subsec. (a)(20). Pub. L. 106-501, Sec. 201(1)(B), redesignated

par. (23) as (20). Former par. (20) redesignated (17).

Subsec. (a)(21). Pub. L. 106-501, Sec. 201(1)(F), added par. (21)

and struck out former par. (21) which read as follows: "establish

information and assistance services as priority services for older

individuals;".

Pub. L. 106-501, Sec. 201(1)(B), redesignated par. (24) as (21).

Former par. (21) redesignated (18).

Subsec. (a)(22). Pub. L. 106-501, Sec. 201(1)(B), redesignated

par. (25) as (22). Former par. (22) redesignated (19).

Subsec. (a)(23). Pub. L. 106-501, Sec. 801(b)(2)(A)(ii), which

directed that par. (26) be amended by substituting "section

3027(a)(13) of this title and section 3058j of this title" for

"sections 3027(a)(18) and 3058j(b)(2) of this title", was executed

by making the substitution in par. (23), to reflect the probable

intent of Congress and the redesignation of par. (26) as (23) by

Pub. L. 106-501, Sec. 201(1)(B). See below.

Pub. L. 106-501, Sec. 201(1)(B), redesignated par. (26) as (23).

Former par. (23) redesignated (20).

Subsec. (a)(24). Pub. L. 106-501, Sec. 201(1)(G), added par. (24)

and struck out former par. (24) which read as follows:

"(24)(A) conduct a study to determine ways in which Federal funds

might be more effectively targeted to low-income minority older

individuals, and older individuals residing in rural areas, to

better meet the needs of States with a disproportionate number of

older individuals with greatest economic need and older individuals

with greatest social need;

"(B) conduct a study to determine ways in which Federal funds

might be more effectively targeted to better meet the needs of

States with disproportionate numbers of older individuals,

including methods of allotting funds under subchapter III of this

chapter, using the most recent estimates of the population of older

individuals; and

"(C) not later than January 1, 1995, submit a report containing

the findings resulting from the studies described in subparagraphs

(A) and (B) to the Speaker of the House of Representatives and the

President pro tempore of the Senate;".

Pub. L. 106-501, Sec. 201(1)(B), redesignated par. (27) as (24).

Former par. (24) redesignated (21).

Subsec. (a)(25), (26). Pub. L. 106-501, Sec. 201(1)(B),

redesignated pars. (28) and (29) as (25) and (26), respectively.

Former pars. (25) and (26) redesignated (22) and (23),

respectively.

Subsec. (a)(27). Pub. L. 106-501, Sec. 201(1)(I), added par.

(27).

Pub. L. 106-501, Sec. 201(1)(H), which directed amendment of

subsec. (a) by striking out par. (27) and redesignating the

remaining pars., could only be executed by striking out par. (27)

because there were no remaining pars. in subsec. (a) after

amendment by Pub. L. 106-501, Sec. 201(1)(B). Prior to amendment,

par. (27) read as follows: "require that all Federal grants and

contracts made under this subchapter and subchapter IV of this

chapter be made in accordance with a competitive bidding process

established by the Assistant Secretary by regulation."

Pub. L. 106-501, Sec. 201(1)(B), redesignated par. (30) as (27).

Former par. (27) redesignated (24).

Subsec. (a)(28) to (30). Pub. L. 106-501, Sec. 201(1)(B),

redesignated pars. (28) to (30) as (25) to (27), respectively.

Subsec. (c). Pub. L. 106-501, Sec. 801(b)(2)(B), struck out par.

(1) designation before "In executing the duties" and struck out

par. (2) which read as follows:

"(2)(A) In executing the duties and functions of the

Administration under this chapter and in carrying out the programs

and activities provided for by this chapter, the Assistant

Secretary shall act to encourage and assist the establishment and

use of -

"(i) area volunteer service coordinators, as described in

section 3026(a)(12) of this title, by area agencies on aging; and

"(ii) State volunteer service coordinators, as described in

section 3027(a)(31) of this title, by State agencies.

"(B) The Assistant Secretary shall provide technical assistance

to the area and State volunteer services coordinators."

Subsec. (d)(4). Pub. L. 106-501, Sec. 201(2), substituted "2000"

for "1990".

Subsec. (e)(1)(A)(i). Pub. L. 106-501, Sec. 801(b)(2)(C)(i),

added cl. (i) and struck out former cl. (i) which read as follows:

"provide information about education and training projects

established under part A, and research and demonstration projects,

and other activities, established under part B, of subchapter IV of

this chapter to persons requesting such information;".

Subsec. (e)(1)(A)(iv). Pub. L. 106-501, Sec. 801(b)(2)(C)(ii),

struck out ", and the information provided by the Resource Centers

on Native American Elders under section 3035m of this title" before

semicolon at end.

Subsec. (f). Pub. L. 106-501, Sec. 201(3), added subsec. (f).

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

Secretary" for "Commissioner" in section catchline.

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

"Assistant Secretary" for "Commissioner".

Subsec. (a)(18). Pub. L. 103-171, Sec. 2(2), struck out ", and

service providers," after "area agencies" and inserted the phrase

after "on aging".

Subsec. (a)(21)(A). Pub. L. 103-171, Sec. 3(a)(3)(B), substituted

"Director of the Office of Long-Term Care Ombudsman Programs" for

"Associate Commissioner for Ombudsman Programs".

Subsec. (a)(22)(A), (D). Pub. L. 103-171, Sec. 3(a)(3)(D),

substituted "Assistant Secretary" for "Commissioner".

Subsec. (a)(27)(C). Pub. L. 103-171, Sec. 2(3), substituted

"1995" for "1994".

Subsecs. (a)(30), (b), (c). Pub. L. 103-171, Sec. 3(a)(3)(D),

substituted "Assistant Secretary" for "Commissioner" wherever

appearing.

Subsec. (c)(1). Pub. L. 103-82 substituted "the Corporation for

National and Community Service" for "the Director of the ACTION

Agency".

Subsecs. (d), (e). Pub. L. 103-171, Sec. 3(a)(3)(D), substituted

"Assistant Secretary" for "Commissioner" wherever appearing.

Subsec. (e)(1)(A)(iv). Pub. L. 103-171, Sec. 3(a)(3)(C),

substituted "Director of the Office for" for "Associate

Commissioner on".

1992 - Subsec. (a)(1). Pub. L. 102-375, Sec. 904(a)(4)(A)(i),

substituted "older individuals" for "the elderly" in two places.

Subsec. (a)(3). Pub. L. 102-375, Sec. 202(a)(1), inserted

"directly" before "assist".

Subsec. (a)(11). Pub. L. 102-375, Sec. 202(a)(2), substituted

"coordinate" for "provide for the coordination of".

Subsec. (a)(13). Pub. L. 102-375, Sec. 904(a)(4)(A)(iii),

substituted "objectives" for "purposes".

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

substituted "objectives" for "purposes", "older individuals" for

"the elderly", and "such individuals" for "older people".

Subsec. (a)(16), (17). Pub. L. 102-375, Sec. 904(a)(4)(A)(iii),

substituted "objectives" for "purposes".

Subsec. (a)(18). Pub. L. 102-375, Sec. 202(a)(3)(B), substituted

"greatest economic need or individuals with greatest social need,

with particular attention to and specific objectives for providing

services to low-income minority individuals" for "the greatest

economic or social needs".

Pub. L. 102-375, Sec. 202(a)(3)(A), inserted ", and service

providers," after "agencies".

Pub. L. 102-375, Sec. 102(b)(10)(A), substituted "area agencies

on aging" for "area agencies".

Subsec. (a)(19)(A). Pub. L. 102-375, Sec. 202(a)(4)(A), inserted

"or activity" after "service" wherever appearing.

Subsec. (a)(20). Pub. L. 102-375, Sec. 708(c)(1), struck out

"under section 3027(a)(31) of this title" after "application

assistance".

Subsec. (a)(21) to (30). Pub. L. 102-375, Sec. 202(a)(4)(B), (b),

added pars. (21) to (30).

Subsec. (b)(1). Pub. L. 102-375, Sec. 904(a)(4)(B)(i), struck out

"with health systems agencies designated under section 300l-4 of

this title," after "linkages".

Pub. L. 102-321, Sec. 163(c)(2)(A), substituted "the Substance

Abuse and Mental Health Services Administration" for "the Alcohol,

Drug Abuse, and Mental Health Administration".

Subsec. (b)(3). Pub. L. 102-375, Sec. 904(a)(4)(B)(ii),

substituted "older individuals" for "the elderly".

Subsec. (b)(4). Pub. L. 102-375, Sec. 202(c), added par. (4).

Subsec. (c). Pub. L. 102-375, Sec. 202(d), designated existing

provisions as par. (1) and added par. (2).

Subsec. (d). Pub. L. 102-375, Sec. 202(e), added subsec. (d).

Subsec. (e). Pub. L. 102-375, Sec. 202(f), added subsec. (e).

1987 - Subsec. (a)(5). Pub. L. 100-175, Sec. 105(a), inserted

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

Subsec. (a)(19), (20). Pub. L. 100-175, Secs. 103(a), 155(a),

added pars. (19) and (20).

Subsec. (b)(1). Pub. L. 100-175, Sec. 106(a), inserted reference

to the Alcohol, Drug Abuse, and Mental Health Administration and

the Administration on Developmental Disabilities.

1984 - Subsec. (a)(5). Pub. L. 98-459, Sec. 202(a)(1),

substituted "establishment and implementation of" for

"establishment of and carry out".

Subsec. (a)(9). Pub. L. 98-459, Sec. 202(a)(2), inserted ",

including existing legislative protections with particular emphasis

on the application of the Age Discrimination in Employment Act of

1967".

Subsec. (a)(18). Pub. L. 98-459, Sec. 202(a)(3)-(5), added par.

(18).

Subsec. (b)(1). Pub. L. 98-459, Sec. 202(b), inserted "and with

utilization and quality control peer review organizations under

title XI of the Social Security Act".

Subsec. (c). Pub. L. 98-459, Sec. 202(c), substituted "the duties

and functions of the Administration" for "his duties and

functions".

1981 - Pub. L. 97-115, Sec. 2(b)(1), substituted "Commissioner"

for "Administration" in section catchline.

Subsec. (a)(1). Pub. L. 97-115, Sec. 2(b)(2), substituted

"Department of Health and Human Services" for "Department of

Health, Education, and Welfare".

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

"collect and disseminate" for "serve as a clearinghouse for".

Subsec. (a)(5). Pub. L. 97-115, Secs. 2(b)(4), 3(d), substituted

"supportive services" for "social services" and "hospitalization,

education and training services (including preretirement training,

and continuing education), low-cost transportation and housing" for

"hospitalization, preretirement training, continuing education,

low-cost transportation and housing".

Subsec. (a)(8). Pub. L. 97-115, Sec. 2(b)(5), inserted provisions

authorizing and directing Administration to take whatever action is

necessary to achieve coordination of activities carried out or

assisted by all departments, agencies, and instrumentalities of the

Federal Government with respect to collection, preparation, and

dissemination of information relevant to older individuals.

Subsec. (a)(12), (16). Pub. L. 97-115, Sec. 2(b)(6), (7),

substituted "private organizations" for "nonprofit private

organizations".

Subsec. (c). Pub. L. 97-115, Secs. 2(c), 3(d), substituted

"Director of the ACTION Agency" for "Director of Action" and

"supportive services" for "social services".

1978 - Subsec. (a)(1) to (4). Pub. L. 95-478, Sec. 102(a)(1),

added par. (1) and redesignated former pars. (1) to (3) as (2) to

(4), respectively. Former par. (4) redesignated (5).

Subsec. (a)(5). Pub. L. 95-478, Secs. 102(a)(1), 503(b)(4)(A),

redesignated former par. (4) as (5) and substituted "older

individuals" for "older persons". Former par. (5) redesignated (6).

Subsec. (a)(6). Pub. L. 95-478, Sec. 102(a)(1), redesignated

former par. (5) as (6). Former par. (6) redesignated (7).

Subsec. (a)(7). Pub. L. 95-478, Secs. 102(a)(1), 503(b)(4)(A),

redesignated former par. (6) as (7) and substituted "older

individuals" for "older persons". Former par. (7) redesignated (8).

Subsec. (a)(8) to (11). Pub. L. 95-478, Sec. 102(a)(1),

redesignated former pars. (7) to (10) as (8) to (11). Former par.

(11) redesignated (12).

Subsec. (a)(12). Pub. L. 95-478, Secs. 102(a)(1), 503(b)(4),

redesignated former par. (11) as (12) and substituted "older

individuals" and "such individuals" for "older persons" and "such

persons". Former par. (12) redesignated (13).

Subsec. (a)(13). Pub. L. 95-478, Secs. 102(a)(1), 503(b)(4)(A),

redesignated former par. (12) as (13) and substituted "older

individuals" for "older persons". Former par. (13) redesignated

(14).

Subsec. (a)(14). Pub. L. 95-478, Sec. 102(a)(1), redesignated

former par. (13) as (14). Former par. (14) redesignated (15).

Subsec. (a)(15) to (17). Pub. L. 95-478, Secs. 102(a)(1),

503(b)(2), redesignated former par. (14) as (15), substituted "Age

Discrimination in Employment Act of 1967" for "Age Discrimination

Act of 1967" and redesignated former pars. (15) and (16) as (16)

and (17), respectively.

Subsecs. (b), (c). Pub. L. 95-478, Sec. 102(a)(2), added subsec.

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

1975 - Pub. L. 94-135, Sec. 114(b), substituted "Administration"

for "Office" in section catchline.

Subsec. (a)(8). Pub. L. 94-135, Sec. 114(c), struck out "and"

after "aged and aging;".

1973 - Subsec. (a). Pub. L. 93-29, Sec. 201(b)(1)-(3), in par.

(4), substituted "research" for "research and demonstration

programs" and made it the function of the Administration to assist

in the establishment of any carry out programs designed to meet the

needs of older persons for social services, including nutrition,

hospitalization, preretirement training, continuing education,

low-cost transportation and housing, and health services; added

pars. (9) to (16); and designated existing provisions as subsec.

(a), respectively.

Subsec. (b). Pub. L. 93-29, Sec. 201(b)(3), added subsec. (b).

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by Pub. L. 103-82 effective Apr. 4, 1994, see section

406(b) of Pub. L. 103-82, set out as a note under section 8332 of

Title 5, Government Organization and Employees.

EFFECTIVE DATE OF 1992 AMENDMENTS

Amendment by section 708(c)(1) 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(c)(1) 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.

Amendment by Pub. L. 102-321 effective Oct. 1, 1992, see section

801(c) of Pub. L. 102-321, set out as a note under section 236 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 OF 1978 AMENDMENT

Amendment by Pub. L. 95-478 effective at close of Sept. 30, 1978,

see section 504 of Pub. L. 95-478, set out as a note under section

3001 of this title.

DEADLINE FOR DEVELOPMENT OF DATA COLLECTION PROCEDURES

Section 202(h) of Pub. L. 102-375 provided that: "Not later than

1 year after the date of the enactment of this Act [Sept. 30,

1992], the data collection procedures required by section

202(a)(29) of the Older Americans Act of 1965 [42 U.S.C.

3012(a)(29)] shall be developed by the Commissioner on Aging [now

Assistant Secretary for Aging], jointly with the Assistant

Secretary of Planning and Evaluation of the Department of Health

and Human Services, after -

"(1) requesting advisory information under such Act [42 U.S.C.

3001 et seq.] from State agencies, local governments, area

agencies on aging, recipients of grants under title VI of such

Act [42 U.S.C. 3057 et seq.], and local providers of services

under such Act; and

"(2) considering the data collection systems carried out by

State agencies in the States then identified as exemplary by the

General Accounting Office.

Not later than 1 year after developing such data collection

procedures, the Commissioner on Aging shall test such procedures,

submit to the Speaker of the House of Representatives and the

President pro tempore of the Senate a report summarizing the

results of such test, and implement such procedures (as modified,

if appropriate, to reflect such results)."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3011, 3018, 3020f, 3027,

3058g of this title.

-FOOTNOTE-

(!1) So in original. The semicolon probably should be a period.

-End-

-CITE-

42 USC Sec. 3013 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER II - ADMINISTRATION ON AGING

-HEAD-

Sec. 3013. Federal agency cooperation

-STATUTE-

(a)(1) The Assistant Secretary, in carrying out the objectives

and provisions of this chapter, shall coordinate, advise, consult

with, and cooperate with the head of each department, agency, or

instrumentality of the Federal Government proposing or

administering programs or services substantially related to the

objectives of this chapter, with respect to such programs or

services. In particular, the Assistant Secretary shall coordinate,

advise, consult, and cooperate with the Secretary of Labor in

carrying out subchapter IX of this chapter and with the Corporation

for National and Community Service in carrying out this chapter.

(2) The head of each department, agency, or instrumentality of

the Federal Government proposing to establish programs and services

substantially related to the objectives of this chapter shall

consult with the Assistant Secretary prior to the establishment of

such programs and services. To achieve appropriate coordination,

the head of each department, agency, or instrumentality of the

Federal Government administering any program substantially related

to the objectives of this chapter, particularly administering any

program referred to in subsection (b) of this section, shall

consult and cooperate with the Assistant Secretary in carrying out

such program. In particular, the Secretary of Labor shall consult

and cooperate with the Assistant Secretary in carrying out title I

of the Workforce Investment Act of 1998 [29 U.S.C. 2801 et seq.].

(3) The head of each department, agency, or instrumentality of

the Federal Government administering programs and services

substantially related to the objectives of this chapter shall

collaborate with the Assistant Secretary in carrying out this

chapter, and shall develop a written analysis, for review and

comment by the Assistant Secretary, of the impact of such programs

and services on -

(A) older individuals (with particular attention to low-income

minority older individuals and older individuals residing in

rural areas) and eligible individuals (as defined in section

3056e (!1) of this title); and

(B) the functions and responsibilities of State agencies and

area agencies on aging.

(b) For the purposes of subsection (a) of this section, programs

related to the objectives of this chapter shall include -

(1) title I of the Workforce Investment Act of 1998 [29 U.S.C.

2801 et seq.],

(2) title II of the Domestic Volunteer Service Act of 1973 [42

U.S.C. 5000 et seq.],

(3) titles XVI, XVIII, XIX, and XX of the Social Security Act

[42 U.S.C. 1381 et seq., 1395 et seq., 1396 et seq., 1397 et

seq.],

(4) sections 1715v and 1715w of title 12,

(5) the United States Housing Act of 1937 [42 U.S.C. 1437 et

seq.],

(6) section 1701q of title 12,

(7) title I of the Housing and Community Development Act of

1974 [42 U.S.C. 5301 et seq.],

(8) title I of Higher Education Act of 1965 [20 U.S.C. 1001 et

seq.] and the Adult Education and Family Literacy Act [20 U.S.C.

9201 et seq.],

(9) sections 5309 and 5310 of title 49,

(10) the Public Health Service Act [42 U.S.C. 201 et seq.],

including block grants under title XIX of such Act [42 U.S.C.

300w et seq.],

(11) the Low-Income Home Energy Assistance Act of 1981 [42

U.S.C. 8621 et seq.],

(12) part A of the Energy Conservation in Existing Buildings

Act of 1976 [42 U.S.C. 6861 et seq.], relating to weatherization

assistance for low income persons,

(13) the Community Services Block Grant Act [42 U.S.C. 9901 et

seq.],

(14) demographic statistics and analysis programs conducted by

the Bureau of the Census under title 13,

(15) parts II and III of title 38,

(16) the Rehabilitation Act of 1973 [29 U.S.C. 701 et seq.],

(17) the Developmental Disabilities Assistance and Bill of

Rights Act of 2000 [42 U.S.C. 15001 et seq.], and

(18) the Edward Byrne Memorial State and Local Law Enforcement

Assistance Programs, established under part E of title I of the

Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.

3750-3766b)).

-SOURCE-

(Pub. L. 89-73, title II, Sec. 203, as added Pub. L. 93-29, title

II, Sec. 201(c), May 3, 1973, 87 Stat. 32; amended Pub. L. 95-478,

title I, Sec. 102(b), Oct. 18, 1978, 92 Stat. 1513; Pub. L. 97-115,

Sec. 2(d), Dec. 29, 1981, 95 Stat. 1595; Pub. L. 98-459, title II,

Sec. 203, Oct. 9, 1984, 98 Stat. 1768; Pub. L. 100-175, title I,

Secs. 104(a), 105(b), 106(b), Nov. 29, 1987, 101 Stat. 929, 930;

Pub. L. 102-240, title III, Sec. 3003(b), Dec. 18, 1991, 105 Stat.

2088; Pub. L. 102-375, title II, Sec. 203, title IX, Sec.

904(a)(5), Sept. 30, 1992, 106 Stat. 1210, 1306; Pub. L. 103-82,

title IV, Sec. 405(g)(2), Sept. 21, 1993, 107 Stat. 921; Pub. L.

103-171, Secs. 2(4), 3(a)(13), Dec. 2, 1993, 107 Stat. 1988, 1990;

Pub. L. 105-220, title II, Sec. 251(b)(3), Aug. 7, 1998, 112 Stat.

1080; Pub. L. 105-277, div. A, Sec. 101(f) [title VIII, Sec.

405(d)(33)(A), (f)(25)(A)], Oct. 21, 1998, 112 Stat. 2681-337,

2681-425, 2681-433; Pub. L. 106-402, title IV, Sec. 401(b)(9)(A),

Oct. 30, 2000, 114 Stat. 1739; Pub. L. 106-501, title II, Sec.

202(1), Nov. 13, 2000, 114 Stat. 2230.)

-REFTEXT-

REFERENCES IN TEXT

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

(a)(2) and (b)(1), 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.

Section 3056e of this title, referred to in subsec. (a)(3)(A),

was amended generally by Pub. L. 106-501, title V, Sec. 501, Nov.

13, 2000, 114 Stat. 2280, and, as so amended, no longer relates to

definitions. See section 3056n of this title.

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. Title II of the Domestic Volunteer Service Act of 1973 is

classified generally to subchapter II (Sec. 5000 et seq.) of

chapter 66 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 Social Security Act, referred to in subsec. (b)(3), is act

Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Titles XVI,

XVIII, XIX, and XX of the Social Security Act are classified

generally to subchapters XVI (Sec. 1381 et seq.), XVIII (Sec. 1395

et seq.), XIX (Sec. 1396 et seq.), and XX (Sec. 1397 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 United States Housing Act of 1937, referred to in subsec.

(b)(5), is act Sept. 1, 1937, ch. 896, as revised generally by Pub.

L. 93-383, title II, Sec. 201(a), Aug. 22, 1974, 88 Stat. 653,

which is classified generally to chapter 8 (Sec. 1437 et seq.) of

this title. For complete classification of this Act to the Code,

see Short Title note set out under section 1437 of this title and

Tables.

The Housing and Community Development Act of 1974, referred to in

subsec. (b)(7), is Pub. L. 93-383, Aug. 22, 1974, 88 Stat. 633, as

amended. Title I of the Housing and Community Development Act of

1974 is classified principally to chapter 69 (Sec. 5301 et seq.) of

this title. For complete classification of this Act to the Code,

see Short Title note set out under section 5301 of this title and

Tables.

The Higher Education Act of 1965, referred to in subsec. (b)(8),

is Pub. L. 89-329, Nov. 8, 1965, 79 Stat. 1219, as amended. Title I

of the Higher Education Act of 1965 is classified generally to

subchapter I (Sec. 1001 et seq.) of chapter 28 of Title 20,

Education. For complete classification of this Act to the Code, see

Short Title note set out under section 1001 of Title 20 and Tables.

The Adult Education and Family Literacy Act, referred to in

subsec. (b)(8), is title II of Pub. L. 105-220, Aug. 7, 1998, 112

Stat. 1059, as amended, which is classified principally to

subchapter I (Sec. 9201 et seq.) of chapter 73 of Title 20,

Education. For complete classification of this Act to the Code, see

Short Title note set out under section 9201 of Title 20 and Tables.

The Public Health Service Act, referred to in subsec. (b)(10), is

act July 1, 1944, ch. 373, 58 Stat. 682, as amended, which is

classified generally to chapter 6A (Sec. 201 et seq.) of this

title. Title XIX of the Public Health Service Act is classified to

subchapter XVII (Sec. 300w et seq.) of chapter 6A of this title.

For complete classification of this Act to the Code, see Short

Title note set out under section 201 of this title and Tables.

The Low-Income Home Energy Assistance Act of 1981, referred to in

subsec. (b)(11), is title XXVI of Pub. L. 97-35, Aug. 13, 1981, 95

Stat. 893, as amended, which is classified generally to subchapter

II (Sec. 8621 et seq.) of chapter 94 of this title. For complete

classification of this Act to the Code, see note set out under

section 8621 of this title and Tables.

The Energy Conservation in Existing Buildings Act of 1976,

referred to in subsec. (b)(12), is title IV of Pub. L. 94-385, Aug.

14, 1976, 90 Stat. 1150, as amended. Part A of the Energy

Conservation in Existing Buildings Act of 1976 is classified

generally to part A (Sec. 6861 et seq.) of subchapter III of

chapter 81 of this title. For complete classification of this Act

to the Code, see Short Title note set out under section 6801 of

this title and Tables.

The Community Services Block Grant Act, referred to in subsec.

(b)(13), is subtitle B (Sec. 671 et seq.) of title VI of Pub. L.

97-35, 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, referred to in subsec. (b)(16),

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.

The Developmental Disabilities Assistance and Bill of Rights Act

of 2000, referred to in subsec. (b)(17), is Pub. L. 106-402, Oct.

30, 2000, 114 Stat. 1677, which is classified principally to

chapter 144 (Sec. 15001 et seq.) 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 Omnibus Crime Control and Safe Streets Act of 1968, referred

to in subsec. (b)(18), is Pub. L. 90-351, June 19, 1968, 82 Stat.

197, as amended. Part E of title I of the Act is classified

generally to subchapter V (Sec. 3750 et seq.) of chapter 46 of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 3711 of this title and

Tables.

-COD-

CODIFICATION

In subsec. (b)(9), "sections 5309 and 5310 of title 49"

substituted for "sections 3, 9, and 16 of the Federal Transit Act"

on authority of Pub. L. 103-272, Sec. 6(b), July 5, 1994, 108 Stat.

1378, the first section of which enacted subtitles II, III, and V

to X of Title 49, Transportation. Previously, section 9 of the

Federal Transit Act, classified to section 1607a of former Title

49, Transportation, was repealed by Pub. L. 95-599, title III, Sec.

305(a), Nov. 6, 1978, 92 Stat. 2473, and a new section 9 of the

Act, classified to section 1607a of former Title 49, was enacted by

Pub. L. 97-424, title III, Sec. 303, formerly Sec. 303(a), Jan. 6,

1983, 96 Stat. 2141. The new section 9 of the Act was repealed and

reenacted as sections 5307 and 5336 of Title 49, Transportation, by

Pub. L. 103-272, Secs. 1(b), 7(b), July 5, 1994, 108 Stat. 795,

840, 1379.

-MISC1-

AMENDMENTS

2000 - Subsec. (a)(3)(A). Pub. L. 106-501 inserted "and older

individuals residing in rural areas" after "low-income minority

older individuals".

Subsec. (b)(17). Pub. L. 106-402 substituted "Developmental

Disabilities Assistance and Bill of Rights Act of 2000" for

"Developmental Disabilities and Bill of Rights Act".

1998 - Subsec. (a)(2). Pub. L. 105-277, Sec. 101(f) [title VIII,

Sec. 405(f)(25)(A)(i)], struck out "the Job Training Partnership

Act and" after "in carrying out".

Pub. L. 105-277, Sec. 101(f) [title VIII, Sec. 405(d)(33)(A)(i)],

substituted last sentence for former last sentence which read as

follows: "In particular, the Secretary of Labor shall consult and

cooperate with the Assistant Secretary in carrying out the Job

Training Partnership Act (29 U.S.C. 1501 et seq.)."

Subsec. (b)(1). Pub. L. 105-277, Sec. 101(f) [title VIII, Sec.

405(f)(25)(A)(ii)], added par. (1) and struck out former par. (1)

which read as follows: "the Job Training Partnership Act or title I

of the Workforce Investment Act of 1998,".

Pub. L. 105-277, Sec. 101(f) [title VIII, Sec.

405(d)(33)(A)(ii)], added par. (1) and struck out former par. (1)

which read as follows: "the Job Training Partnership Act,".

Subsec. (b)(8). Pub. L. 105-220 substituted "Adult Education and

Family Literacy Act" for "Adult Education Act".

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

"Assistant Secretary" for "Commissioner" wherever appearing.

Subsec. (a)(1). Pub. L. 103-82 substituted "the Corporation for

National and Community Service" for "the ACTION Agency".

Subsec. (a)(3). Pub. L. 103-171, Sec. 2(4), struck out "Federal"

before "department" in introductory provisions.

1992 - Subsec. (a). Pub. L. 102-375, Sec. 203(a), amended subsec.

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

"The Commissioner, in carrying out the purposes and provisions of

this chapter, shall advise, consult, and cooperate with the head of

each Federal agency or department proposing or administering

programs or services substantially related to the purposes of this

chapter, with respect to such programs or services. The head of

each Federal agency or department proposing to establish programs

and services substantially related to the purposes of this chapter

shall consult with the Commissioner prior to the establishment of

such programs and services. The head of each Federal agency

administering any program substantially related to the purposes of

this chapter, particularly administering any program set forth in

subsection (b) of this section, shall, to achieve appropriate

coordination, consult and cooperate with the Commissioner in

carrying out such program."

Subsec. (b). Pub. L. 102-375, Sec. 904(a)(5), substituted

"objectives of this chapter" for "purposes of this chapter".

Subsec. (b)(18). Pub. L. 102-375, Sec. 203(b), added par. (18).

1991 - Subsec. (b)(9). Pub. L. 102-240 substituted references to

sections of the Federal Transit Act for sections of the Urban Mass

Transportation Act of 1964, which for purposes of codification were

translated as sections of title 49, Appendix, thus requiring no

change in text.

1987 - Subsec. (b)(10). Pub. L. 100-175, Sec. 105(b), inserted

reference to block grants under title XIX of the Public Health

Service Act.

Subsec. (b)(15). Pub. L. 100-175, Sec. 104(a), added par. (15).

Subsec. (b)(16), (17). Pub. L. 100-175, Sec. 106(b), added pars.

(16) and (17).

1984 - Subsec. (b)(1). Pub. L. 98-459, Sec. 203(a), substituted

"Job Training Partnership Act" for "Comprehensive Employment and

Training Act".

Subsec. (b)(3). Pub. L. 98-459, Sec. 203(b), inserted reference

to title XVI of the Social Security Act.

Subsec. (b)(8). Pub. L. 98-459, Sec. 203(c), struck out "the

community schools program under the Elementary and Secondary

Education Act of 1965," before "title I" and the comma after

"Higher Education Act of 1965".

Subsec. (b)(9). Pub. L. 98-459, Sec. 203(d), struck out reference

to section 1604 of title 49, Appendix.

Subsec. (b)(10) to (14). Pub. L. 98-459, Sec. 203(e), added pars.

(10) to (14).

1981 - Subsec. (a). Pub. L. 97-115, Sec. 2(d)(1), substituted

"purposes" for "purpose".

Subsec. (b). Pub. L. 97-115, Sec. 2(d)(2), substituted "purposes

of this chapter" for "purpose of this chapter" in provisions

preceding par. (1), substituted "Comprehensive Employment and

Training Act" for "Comprehensive Employment and Training Act of

1973" in par. (1), struck out par. (8) which referred to section

2809(a)(8) of this title, redesignated par. (9) as (8) and inserted

references to title I of the Higher Education Act of 1965 and to

the Adult Education Act, and redesignated par. (10) as (9).

1978 - Subsec. (a). Pub. L. 95-478 added subsec. (a) and struck

out similar prior provisions stating that "Federal agencies

proposing to establish programs substantially related to the

purposes of this chapter shall consult with the Administration on

Aging prior to the establishment of such services, and Federal

agencies administering such programs shall cooperate with the

Administration on Aging in carrying out such services".

Subsec. (b). Pub. L. 95-478 added subsec. (b).

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by section 101(f) [title VIII, Sec. 405(d)(33)(A)] of

Pub. L. 105-277 effective Oct. 21, 1998, and amendment by section

101(f) [title VIII, Sec. 405(f)(25)(A)] of Pub. L. 105-277

effective July 1, 2000, see section 101(f) [title VIII, Sec.

405(g)(1), (2)(B)] of Pub. L. 105-277, set out as a note under

section 3502 of Title 5, Government Organization and Employees.

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by Pub. L. 103-82 effective Apr. 4, 1994, see section

406(b) of Pub. L. 103-82, set out as a note under section 8332 of

Title 5, Government Organization and Employees.

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 OF 1978 AMENDMENT

Amendment by Pub. L. 95-478 effective at close of Sept. 30, 1978,

see section 504 of Pub. L. 95-478, set out as a note under section

3001 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3026 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 3013a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER II - ADMINISTRATION ON AGING

-HEAD-

Sec. 3013a. Consultation with State agencies, area agencies on

aging, and Native American grant recipients

-STATUTE-

The Assistant Secretary shall consult and coordinate with State

agencies, area agencies on aging, and recipients of grants under

subchapter X of this chapter in the development of Federal goals,

regulations, program instructions, and policies under this chapter.

-SOURCE-

(Pub. L. 89-73, title II, Sec. 203A, as added Pub. L. 102-375,

title II, Sec. 204, Sept. 30, 1992, 106 Stat. 1211; 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. 3014 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER II - ADMINISTRATION ON AGING

-HEAD-

Sec. 3014. Repealed. Pub. L. 97-115, Sec. 2(e)(1), Dec. 29, 1981,

95 Stat. 1596

-MISC1-

Section, Pub. L. 89-73, title II, Sec. 204, as added Pub. L.

93-29, title II, Sec. 201(c), May 3, 1973, 87 Stat. 32; amended

Pub. L. 94-135, title I, Sec. 112(a), Nov. 28, 1975, 89 Stat. 719;

Pub. L. 95-478, title I, Sec. 102(c), (d), title V, Sec.

503(b)(4)(A), Oct. 18, 1978, 92 Stat. 1514, 1559, provided for

establishment of a National Information and Resource Clearing House

for the Aging.

-End-

-CITE-

42 USC Sec. 3015 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER II - ADMINISTRATION ON AGING

-HEAD-

Sec. 3015. Gifts and donations

-STATUTE-

(a) Gifts and donations

The Assistant Secretary may accept, use, and dispose of, on

behalf of the United States, gifts or donations (in cash or in

kind, including voluntary and uncompensated services or property),

which shall be available until expended for the purposes specified

in subsection (b) of this section. Gifts of cash and proceeds of

the sale of property shall be available in addition to amounts

appropriated to carry out this chapter.

(b) Use of gifts and donations

Gifts and donations accepted pursuant to subsection (a) of this

section may be used either directly, or for grants to or contracts

with public or nonprofit private entities, for the following

activities:

(1) The design and implementation of demonstrations of

innovative ideas and best practices in programs and services for

older individuals.

(2) The planning and conduct of conferences for the purpose of

exchanging information, among concerned individuals and public

and private entities and organizations, relating to programs and

services provided under this chapter and other programs and

services for older individuals.

(3) The development, publication, and dissemination of

informational materials (in print, visual, electronic, or other

media) relating to the programs and services provided under this

chapter and other matters of concern to older individuals.

The Assistant Secretary shall establish written guidelines

setting forth the criteria to be used in determining whether a gift

or donation should be declined under this section because the

acceptance of the gift or donation would -

(1) reflect unfavorably upon the ability of the Administration,

the Department of Health and Human Services, or any employee of

the Administration or Department, to carry out responsibilities

or official duties under this chapter in a fair and objective

manner; or

(2) compromise the integrity or the appearance of integrity of

programs or services provided under this chapter or of any

official involved in those programs or services.

-SOURCE-

(Pub. L. 89-73, title II, Sec. 204, as added Pub. L. 106-501, title

II, Sec. 202(2), Nov. 13, 2000, 114 Stat. 2230.)

-MISC1-

PRIOR PROVISIONS

A prior section 3015, Pub. L. 89-73, title II, Sec. 204, formerly

Sec. 205, as added Pub. L. 93-29, title II, Sec. 201(c), May 3,

1973, 87 Stat. 33; amended Pub. L. 94-135, title I, Sec. 101, Nov.

28, 1975, 89 Stat. 713; Pub. L. 95-478, title I, Sec. 102(e), title

V, Sec. 503(b)(3), (4)(A), Oct. 18, 1978, 92 Stat. 1514, 1559;

renumbered Sec. 204 and amended Pub. L. 97-115, Secs. 2(e)(2), (f),

11(b)(1), Dec. 29, 1981, 95 Stat. 1596, 1606; Pub. L. 98-459, title

II, Sec. 204, Oct. 9, 1984, 98 Stat. 1769; Pub. L. 100-175, title

I, Secs. 107(b), 108, 182(d), Nov. 29, 1987, 101 Stat. 931, 932,

964; Pub. L. 100-628, title VII, Sec. 705(2), Nov. 7, 1988, 102

Stat. 3247; Pub. L. 102-375, title II, Sec. 205, title IX, Sec.

904(a)(6), Sept. 30, 1992, 106 Stat. 1211, 1306; Pub. L. 103-171,

Sec. 3(a)(13), Dec. 2, 1993, 107 Stat. 1990, established a Federal

Council on the Aging and provided for its membership, duties, etc.,

and authorized appropriations for fiscal years 1992 through 1995,

prior to repeal by Pub. L. 106-501, title II, Sec. 202(2), Nov. 13,

2000, 114 Stat. 2230.

A prior section 204 of Pub. L. 89-73 was classified to section

3014 of this title prior to repeal by Pub. L. 97-115.

-End-

-CITE-

42 USC Sec. 3016 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER II - ADMINISTRATION ON AGING

-HEAD-

Sec. 3016. Authority of Assistant Secretary

-STATUTE-

(a) Consultative services and technical assistance; short-term

training and technical instruction; research and demonstrations;

preparation and dissemination of informational materials; staff

and technical assistance to Federal Council on the Aging;

designation of full-time nutrition professional as administrator

of nutrition services

(1) In carrying out the objectives of this chapter, the Assistant

Secretary is authorized to -

(A) provide consultative services and technical assistance to

public or nonprofit private agencies and organizations;

(B) provide short-term training and technical instruction;

(D) collect, prepare, publish, and disseminate special

educational or informational materials, including reports of the

projects for which funds are provided under this chapter; and

(E) provide staff and other technical assistance to the Federal

Council on the Aging.

(2)(A) The Assistant Secretary shall designate an officer or

employee who shall serve on a full-time basis and who shall be

responsible for the administration of the nutrition services

described in subparts I and II of part C of subchapter III of this

chapter and shall have duties that include -

(i) designing, implementing, and evaluating nutrition programs;

(ii) developing guidelines for nutrition providers concerning

safety, sanitary handling of food, equipment, preparation, and

food storage;

(iii) disseminating information to nutrition service providers

about nutrition advancements and developments;

(iv) promoting coordination between nutrition service providers

and community-based organizations serving older individuals;

(v) developing guidelines on cost containment;

(vi) defining a long range role for the nutrition services in

community-based care systems;

(vii) developing model menus and other appropriate materials

for serving special needs populations and meeting cultural meal

preferences; and

(viii) providing technical assistance to the regional offices

of the Administration with respect to each duty described in

clauses (i) through (vii).

(B) The regional offices of the Administration shall be

responsible for disseminating, and providing technical assistance

regarding, the guidelines and information described in clauses

(ii), (iii), and (v) of subparagraph (A) to State agencies, area

agencies on aging, and persons that provide nutrition services

under part C of subchapter III of this chapter.

shall -

(i) have expertise in nutrition and dietary services and

planning; and

(ii)(I) be a registered dietitian;

(II) be a credentialed nutrition professional; or

(III) have education and training that is substantially

equivalent to the education and training for a registered

dietitian or a credentialed nutrition professional.

(b) Utilization of services and facilities of Federal and other

public or nonprofit agencies; advance or reimbursement payments

for such use

In administering the functions of the Administration under this

chapter, the Assistant Secretary may utilize the services and

facilities of any agency of the Federal Government and of any other

public or nonprofit agency or organization, in accordance with

agreements between the Assistant Secretary and the head thereof,

and is authorized to pay therefor, in advance or by way of

reimbursement, as may be provided in the agreement.

For the purpose of carrying out this section, there are

authorized to be appropriated such sums as may be necessary.

-SOURCE-

(Pub. L. 89-73, title II, Sec. 205, formerly Sec. 206, as added

Pub. L. 93-29, title II, Sec. 201(c), May 3, 1973, 87 Stat. 34;

amended Pub. L. 95-478, title I, Sec. 102(f), Oct. 18, 1978, 92

Stat. 1515; renumbered Sec. 205 and amended Pub. L. 97-115, Sec.

2(e)(2), (g), Dec. 29, 1981, 95 Stat. 1596; Pub. L. 98-459, title

II, Sec. 205, Oct. 9, 1984, 98 Stat. 1770; Pub. L. 100-175, title

I, Secs. 109, 110, Nov. 29, 1987, 101 Stat. 932; Pub. L. 102-375,

title II, Sec. 206, title IX, Sec. 904(a)(7), Sept. 30, 1992, 106

Stat. 1212, 1306; Pub. L. 103-171, Sec. 3(a)(13), Dec. 2, 1993, 107

Stat. 1990; Pub. L. 106-501, title II, Sec. 202(3), title VIII,

Sec. 801(b)(3), Nov. 13, 2000, 114 Stat. 2231, 2292.)

-MISC1-

PRIOR PROVISIONS

A prior section 205 of Pub. L. 89-73 was renumbered section 204

and is classified to section 3015 of this title.

AMENDMENTS

2000 - Subsec. (a)(2)(A). Pub. L. 106-501, Sec. 801(b)(3),

substituted "subparts I and II" for "subparts I, II, and III" in

introductory provisions.

Subsecs. (c) to (e). Pub. L. 106-501, Sec. 202(3), redesignated

subsec. (e) as (c) and struck out former subsecs. (c) and (d) which

read as follows:

"(c) Not later than 120 days after October 9, 1987, the Secretary

shall issue and publish in the Federal Register proposed

regulations for the administration of this chapter. After allowing

a reasonable period for public comment on such proposed rules and

not later than 90 days after such publication, the Secretary shall

issue, in final form, regulations for the administration of this

chapter.

"(d) Not later than September 1 of each fiscal year, the

Assistant Secretary shall make available to the public, for the

purpose of facilitating informed public comment, a statement of

proposed specific goals to be achieved by implementing this chapter

in the first fiscal year beginning after the date on which such

statement is made available."

1993 - Subsecs. (a), (b), (d). Pub. L. 103-171 substituted

"Assistant Secretary" for "Commissioner" wherever appearing.

1992 - Subsec. (a). Pub. L. 102-375 designated existing

provisions as par. (1), substituted "objectives" for "purposes" and

"to - " for "to:" in introductory provisions, redesignated former

pars. (1) to (5) as subpars. (A) to (E), respectively, and added

par. (2).

1987 - Subsec. (c). Pub. L. 100-175, Sec. 109, substituted

"October 9, 1987" for "October 9, 1984".

Subsecs. (d), (e). Pub. L. 100-175, Sec. 110, added subsec. (d)

and redesignated former subsec. (d) as (e).

1984 - Subsec. (b). Pub. L. 98-459, Sec. 205(a), substituted "the

functions of the Administration" for "his functions".

Subsecs. (c), (d). Pub. L. 98-459, Sec. 205(b), added subsec. (c)

and redesignated former subsec. (c) as (d).

1981 - Subsecs. (b) to (d). Pub. L. 97-115, Sec. 2(g), struck out

subsec. (b) providing that a report be prepared and submitted to

Congress by the Commissioner not later than Sept. 30, 1980, and

redesignated subsecs. (c) and (d) as (b) and (c), respectively.

1978 - Subsecs. (b) to (d). Pub. L. 95-478 added subsec. (b) and

redesignated existing subsecs. (b) and (c) as (c) and (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 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 OF 1978 AMENDMENT

Amendment by Pub. L. 95-478 effective at close of Sept. 30, 1978,

see section 504 of Pub. L. 95-478, set out as a note under section

3001 of this title.

-End-

-CITE-

42 USC Sec. 3017 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER II - ADMINISTRATION ON AGING

-HEAD-

Sec. 3017. Evaluation of programs

-STATUTE-

(a) Authority of Secretary; scope of evaluation; persons conducting

evaluation

The Secretary shall measure and evaluate the impact of all

programs authorized by this chapter, their effectiveness in

achieving stated goals in general, and in relation to their cost,

their impact on related programs, their effectiveness in targeting

for services under this chapter unserved older individuals with

greatest economic need (including low-income minority individuals

and older individuals residing in rural areas) and unserved older

individuals with greatest social need (including low-income

minority individuals and older individuals residing in rural

areas), and their structure and mechanisms for delivery of

services, including, where appropriate, comparisons with

appropriate control groups composed of persons who have not

participated in such programs. Evaluations shall be conducted by

persons not immediately involved in the administration of the

program or project evaluated.

(b) General standards

The Secretary may not make grants or contracts under subchapter

IV of this chapter until the Secretary develops and publishes

general standards to be used by the Secretary in evaluating the

programs and projects assisted under such subchapter. Results of

evaluations conducted pursuant to such standards shall be included

in the reports required by section 3018 of this title.

effectiveness of related programs; consultation with

organizations concerned with older individuals

In carrying out evaluations under this section, the Secretary

shall, whenever possible, arrange to obtain the opinions of program

and project participants about the strengths and weaknesses of the

programs and projects, and conduct, where appropriate, evaluations

which compare the effectiveness of related programs in achieving

common objectives. In carrying out such evaluations, the Secretary

shall consult with organizations concerned with older individuals,

including those representing minority individuals, older

individuals residing in rural areas and older individuals with

disabilities.

(d) Annual summaries and analyses of evaluation; demonstration

projects; transmittal to Congress; dissemination to Federal,

State, and local agencies and private organizations;

accessibility to public

The Secretary shall annually publish summaries and analyses of

the results of evaluative research and evaluation of program and

project impact and effectiveness, including, as appropriate, health

and nutrition education demonstration projects conducted under

section 3027(f) (!1) of this title, the full contents of which

shall be transmitted to Congress, be disseminated to Federal,

State, and local agencies and private organizations with an

interest in aging, and be accessible to the public.

(e) Federal property

The Secretary shall take the necessary action to assure that all

studies, evaluations, proposals, and data produced or developed

with Federal funds shall become the property of the United States.

(f) Availability to Secretary of information from executive

agencies

Such information as the Secretary may deem necessary for purposes

of the evaluations conducted under this section shall be made

available to him, upon request, by the departments and agencies of

the executive branch.

(g) Funds

The Secretary may use such sums as may be necessary, but not to

exceed $3,000,000 (of which not to exceed $1,500,000 shall be

available from funds appropriated to carry out subchapter III of

this chapter and not to exceed $1,500,000 shall be available from

funds appropriated to carry out subchapter IV of this chapter), to

conduct directly evaluations under this section. No part of such

sums may be reprogrammed, transferred, or used for any other

purpose. Funds expended under this subsection shall be justified

and accounted for by the Secretary.

-SOURCE-

(Pub. L. 89-73, title II, Sec. 206, formerly Sec. 207, as added

Pub. L. 93-29, title II, Sec. 201(c), May 3, 1973, 87 Stat. 35;

amended Pub. L. 95-478, title I, Sec. 102(g), Oct. 18, 1978, 92

Stat. 1515; renumbered Sec. 206 and amended Pub. L. 97-115, Sec.

2(e)(2), (h), Dec. 29, 1981, 95 Stat. 1596; Pub. L. 98-459, title

II, Sec. 206, Oct. 9, 1984, 98 Stat. 1770; Pub. L. 100-175, title

I, Sec. 106(c), Nov. 29, 1987, 101 Stat. 930; Pub. L. 102-375,

title II, Sec. 207, Sept. 30, 1992, 106 Stat. 1213; Pub. L.

103-171, Secs. 2(5), 3(a)(13), Dec. 2, 1993, 107 Stat. 1988, 1990;

Pub. L. 106-501, title II, Sec. 203, Nov. 13, 2000, 114 Stat.

2234.)

-REFTEXT-

REFERENCES IN TEXT

Section 3027(f) of this title, referred to in subsec. (d), which

related to demonstration projects for health and nutrition

education, was repealed by Pub. L. 102-375, title III, Sec. 307(q),

Sept. 30, 1992, 106 Stat. 1223, and subsec. (g) of section 3027 was

redesignated (f).

-MISC1-

PRIOR PROVISIONS

A prior section 206 of Pub. L. 89-73 was renumbered section 205

and is classified to section 3016 of this title.

AMENDMENTS

2000 - Subsec. (a). Pub. L. 106-501, Sec. 203(1), inserted "and

older individuals residing in rural areas" after "low-income

minority individuals" in two places.

Subsec. (c). Pub. L. 106-501, Sec. 203(2), inserted ", older

individuals residing in rural areas" after "minority individuals".

Subsecs. (g), (h). Pub. L. 106-501, Sec. 203(3), (4),

redesignated subsec. (h) as (g) and struck out former subsec. (g)

which related to evaluation of nutritional services provided under

this chapter, establishment of an advisory council to develop

recommendations for guidelines on efficiency and quality in

furnishing nutrition services, and reporting to the President and

Congress on recommendations and final guidelines to improve

nutrition services provided under this chapter.

1993 - Subsec. (g)(1). Pub. L. 103-171, Secs. 2(5)(A), 3(a)(13),

substituted "1995" for "1994" and "Assistant Secretary" for

"Commissioner".

Subsec. (g)(2). Pub. L. 103-171, Secs. 2(5)(B), 3(a)(13),

substituted "Assistant Secretary" for "Commissioner" wherever

appearing and "1994" for "1993" in subpar. (B).

Subsec. (g)(3). Pub. L. 103-171, Secs. 2(5)(C), 3(a)(13),

substituted "1995" for "1994" in introductory provisions and

"Assistant Secretary" for "Commissioner" in subpar. (B).

1992 - Subsec. (a). Pub. L. 102-375, Sec. 207(1), inserted "their

effectiveness in targeting for services under this chapter unserved

older individuals with greatest economic need (including low-income

minority individuals) and unserved older individuals with greatest

social need (including low-income minority individuals)," after

"related programs,".

Subsecs. (g), (h). Pub. L. 102-375, Sec. 207(2), added subsecs.

(g) and (h) and struck out former subsec. (g) which read as

follows: "The Secretary is authorized to use such sums as may be

required, but not to exceed one-tenth of 1 percent of the funds

appropriated under this chapter for each fiscal year, or $300,000

whichever is lower, to conduct program and project evaluations

(directly, or by grants or contracts) as required by this

subchapter. In the case of allotments from such an appropriation,

the amount available for such allotments (and the amount deemed

appropriated therefor) shall be reduced accordingly."

1987 - Subsec. (c). Pub. L. 100-175 inserted "and older

individuals with disabilities" before period at end.

1984 - Subsec. (b). Pub. L. 98-459, Sec. 206(a), substituted "the

Secretary develops and publishes general standards to be used by

the Secretary in evaluating the programs and projects assisted

under such subchapter" for "he has developed and published general

standards to be used by him in evaluating the programs and projects

assisted under such section or subchapter".

Subsec. (c). Pub. L. 98-459, Sec. 206(b), inserted provision

requiring the Secretary to consult with organizations concerned

with older individuals, including those representing minority

individuals, in carrying out evaluations under this section.

Subsec. (d). Pub. L. 98-459, Sec. 206(c), inserted reference to

health and nutrition education demonstration projects conducted

under section 3027(f) of this title and inserted provision

requiring dissemination of summaries and analyses required by this

subsection to Federal, State, and local agencies and private

organizations with an interest in aging.

Subsec. (g). Pub. L. 98-459, Sec. 206, substituted "one-tenth of

1 percent" for "1 per centum", "under this chapter for each fiscal

year" for "under this chapter", and "$300,000 whichever is lower"

for "$1,000,000 whichever is greater".

1981 - Subsec. (b). Pub. L. 97-115, Sec. 2(h), struck out "under

section 3028 of this title" after "The Secretary may not make

grants or contracts".

1978 - Subsec. (c). Pub. L. 95-478, Sec. 102(g)(1), required the

Secretary to conduct, where appropriate, evaluations which compare

the effectiveness of related programs in achieving common

objectives.

Subsec. (d). Pub. L. 95-478, Sec. 102(g)(2), required publication

of analyses of evaluations and substituted "full contents of which

shall be transmitted to Congress and be accessible to the public"

for "full contents of which shall be available to Congress and the

public".

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 section 206(a) of Pub. L. 98-459 effective 60 days

after Oct. 9, 1984, see section 803(b)(1) of Pub. L. 98-459, set

out as a note under section 3001 of this title.

Amendment by section 206(b), (c) of 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.

Amendment by section 206(d) of Pub. L. 98-459 effective on first

day of first fiscal year beginning after Oct. 9, 1984, see section

803(b)(2) of Pub. L. 98-459, set out as a note under section 3001

of this title.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-478 effective at close of Sept. 30, 1978,

see section 504 of Pub. L. 95-478, set out as a note under section

3001 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 3018 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER II - ADMINISTRATION ON AGING

-HEAD-

Sec. 3018. Reports to Congress

-STATUTE-

(a) Annual report

Not later than one hundred and twenty days after the close of

each fiscal year, the Assistant Secretary shall prepare and submit

to the President and to the Congress a full and complete report on

the activities carried out under this chapter. Such annual reports

shall include -

(1) statistical data reflecting services and activities

provided to individuals during the preceding fiscal year;

(2) statistical data collected under section 3012(a)(19) (!1)

of this title;

(3) statistical data and an analysis of information regarding

the effectiveness of the State agency and area agencies on aging

in targeting services to older individuals with greatest economic

need and older individuals with greatest social need, with

particular attention to low-income minority individuals, older

individuals residing in rural areas, low-income individuals, and

frail individuals (including individuals with any physical or

mental functional impairment); and

(4) a description of the implementation of the plan required by

section 3012(a)(17) (!1) of this title.

(b) Report on ombudsman program

(1) Not later than March 1 of each year, the Assistant Secretary

shall compile a report -

(A) summarizing and analyzing the data collected under

subchapters III and XI of this chapter in accordance with section

3058g(c) of this title for the then most recently concluded

fiscal year;

(B) identifying significant problems and issues revealed by

such data (with special emphasis on problems relating to quality

of care and residents' rights);

ombudsman programs of the States; and

(D) making recommendations regarding legislation and

administrative actions to resolve such problems.

(2) The Assistant Secretary shall submit the report required by

paragraph (1) to -

(A) the Special Committee on Aging of the Senate;

(B) the Committee on Education and Labor of the House of

Representatives; and

(3) The Assistant Secretary shall provide the report required by

paragraph (1), and make the State reports required under

subchapters III and XI of this chapter in accordance with section

3058g(h)(1) of this title available, to -

(A) the Administrator of the Health Care Finance

Administration;

(B) the Office of the Inspector General of the Department of

Health and Human Services;

Human Services;

(D) the Secretary of Veterans Affairs; and

(E) each public agency or private organization designated as an

Office of the State Long-Term Care Ombudsman under subchapter III

or XI of this chapter in accordance with section 3058g(a)(4)(A)

of this title.

annual report

The Assistant Secretary shall, as part of the annual report

submitted under subsection (a) of this section, prepare and submit

a report on the outreach activities supported under this chapter,

together with such recommendations as the Assistant Secretary deems

appropriate. In carrying out this subsection, the Assistant

Secretary shall consider -

(1) the number of older individuals reached through the

activities;

(2) the dollar amount of the assistance and benefits received

by older individuals as a result of such activities;

(3) the cost of such activities in terms of the number of

individuals reached and the dollar amount described in paragraph

(2);

(4) the effect of such activities on supportive services and

nutrition services furnished under subchapter III of this

chapter; and

(5) the effectiveness of State and local efforts to target

older individuals with greatest economic need (including

low-income minority individuals and older individuals residing in

rural areas) and older individuals with greatest social need

(including low-income minority individuals and older individuals

residing in rural areas) to receive services under this chapter.

-SOURCE-

(Pub. L. 89-73, title II, Sec. 207, formerly Sec. 208, as added

Pub. L. 93-29, title II, Sec. 201(c), May 3, 1973, 87 Stat. 35;

renumbered Sec. 207, Pub. L. 97-115, Sec. 2(e)(2), Dec. 29, 1981,

95 Stat. 1596; amended Pub. L. 98-459, title II, Sec. 207, Oct. 9,

1984, 98 Stat. 1770; Pub. L. 100-175, title I, Secs. 103(b), (c),

155(f), Nov. 29, 1987, 101 Stat. 928, 929, 954; Pub. L. 102-54,

Sec. 13(q)(9)(A), June 13, 1991, 105 Stat. 281; Pub. L. 102-375,

title II, Sec. 208, title VII, Sec. 708(a)(2)(A), (c)(2), title IX,

Sec. 904(a)(8), Sept. 30, 1992, 106 Stat. 1214, 1292, 1306; Pub. L.

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

103-437, Sec. 15(l), Nov. 2, 1994, 108 Stat. 4593; Pub. L. 106-501,

title II, Sec. 204, title VIII, Sec. 801(b)(4), Nov. 13, 2000, 114

Stat. 2234, 2292.)

-REFTEXT-

REFERENCES IN TEXT

Section 3012(a)(17), (19) of this title, referred to in subsec.

(a)(2), (4), was redesignated section 3012(a)(14) and (16),

respectively, of this title and section 3012(a)(20), (22) was

redesignated section 3012(a)(17), (19), respectively, by Pub. L.

106-501, title II, Sec. 201(1)(B), Nov. 13, 2000, 114 Stat. 2229.

-MISC1-

PRIOR PROVISIONS

A prior section 207 of Pub. L. 89-73 was renumbered section 206

and is classified to section 3017 of this title.

AMENDMENTS

2000 - Subsec. (a)(3). Pub. L. 106-501, Sec. 801(b)(4),

redesignated par. (4) as (3) and struck out former par. (3) which

read as follows: "an analysis of the information received under

section 3026(b)(2)(D) of this title by the Assistant Secretary;".

Subsec. (a)(4). Pub. L. 106-501, Sec. 801(b)(4)(B), redesignated

par. (5) as (4).

Pub. L. 106-501, Sec. 204(1), inserted "older individuals

residing in rural areas," after "low-income minority individuals,".

Subsec. (a)(5). Pub. L. 106-501, Sec. 801(b)(4)(B), redesignated

par. (5) as (4).

Subsec. (c)(5). Pub. L. 106-501, Sec. 204(2), inserted "and older

individuals residing in rural areas" after "low-income minority

individuals" in two places.

1994 - Subsec. (b)(2). Pub. L. 103-437 redesignated subpars. (B)

to (D) as (A) to (C), respectively, and struck out former subpar.

(A) which read as follows: "the Select Committee on Aging of the

House of Representatives;".

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

"Commissioner" wherever appearing.

1992 - Subsec. (a)(4). Pub. L. 102-375, Sec. 904(a)(8),

substituted "greatest economic need and older individuals with

greatest social need" for "the greatest economic or social needs".

Subsec. (a)(5). Pub. L. 102-375, Sec. 208(a), added par. (5).

Subsec. (b)(1). Pub. L. 102-375, Sec. 208(b), substituted "March

1" for "January 15" in introductory provisions.

Subsec. (b)(1)(A). Pub. L. 102-375, Sec. 708(a)(2)(A)(i),

substituted "subchapters III and XI of this chapter in accordance

with section 3058g(c) of this title" for "section 3027(a)(12)(C) of

this title".

Subsec. (b)(3). Pub. L. 102-375, Sec. 708(a)(2)(A)(ii)(I),

substituted "under subchapters III and XI of this chapter in

accordance with section 3058g(h)(1) of this title" for "by section

3027(a)(12)(H)(i) of this title".

Subsec. (b)(3)(E). Pub. L. 102-375, Sec. 708(a)(2)(A)(ii)(II),

added subpar. (E) and struck out former subpar. (E) which read as

follows: "the public agencies and private organizations designated

under section 3027(a)(12)(A) of this title."

Subsec. (c). Pub. L. 102-375, Sec. 708(c)(2)(A), substituted "on

the outreach activities supported under this chapter" for "on the

evaluations required to be submitted under section 3027(a)(31)(D)

of this title".

Subsec. (c)(1). Pub. L. 102-375, Sec. 708(c)(2)(B), substituted

"the activities" for "outreach activities supported under section

3026(a)(6)(P) of this title".

Subsec. (c)(5). Pub. L. 102-375, Sec. 208(c), added par. (5).

1991 - Subsec. (b)(3)(D). Pub. L. 102-54 substituted "Secretary

of Veterans Affairs" for "Administrator of the Veterans'

Administration".

1987 - Subsec. (a). Pub. L. 100-175, Sec. 103(b), amended last

sentence generally. Prior to amendment, last sentence read as

follows: "Such annual reports shall include statistical data

reflecting services and activities provided individuals during the

preceding fiscal year."

Subsec. (b). Pub. L. 100-175, Sec. 103(c), added subsec. (b) and

struck out former subsec. (b) which read as follows: "Not later

than 2 years after October 9, 1984, the Commissioner shall prepare

and submit a report to the Congress on the extent to which the need

for services for the prevention of the abuse of individuals is

unmet, based on information gathered pursuant to section

3026(a)(6)(J) of this title."

Subsec. (c). Pub. L. 100-175, Sec. 155(f), added subsec. (c).

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

(a), substituted "submit to the President and to the Congress" for

"submit to the President for transmittal to the Congress", and

added subsec. (b).

-CHANGE-

CHANGE OF NAME

Committee on Education and Labor of House of Representatives

treated as referring to Committee on Economic and Educational

Opportunities of House of Representatives by section 1(a) of Pub.

L. 104-14, set out as a note preceding section 21 of Title 2, The

Congress. Committee on Economic and Educational Opportunities of

House of Representatives changed to Committee on Education and the

Workforce of House of Representatives by House Resolution No. 5,

One Hundred Fifth Congress, Jan. 7, 1997.

-MISC2-

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by section 708(a)(2)(A) and (c)(2) 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(a)(2)(A) and (c)(2) 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3011, 3017, 3028 of this

title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 3019 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER II - ADMINISTRATION ON AGING

-HEAD-

Sec. 3019. Joint funding of projects

-STATUTE-

Pursuant to regulations prescribed by the President, and to the

extent consistent with the other provisions of this chapter, where

funds are provided for a single project by more than one Federal

agency to any agency or organization assisted under this chapter,

the Federal agency principally involved may be designated to act

for all in administering the funds provided. In such cases, a

single non-Federal share requirement may be established according

to the proportion of funds advanced by each Federal agency, and any

such agency may waive any technical grant or contract requirement

(as defined by such regulations) which is inconsistent with the

similar requirements of the administering agency or which the

administering agency does not impose.

-SOURCE-

(Pub. L. 89-73, title II, Sec. 208, formerly Sec. 209, as added

Pub. L. 93-29, title II, Sec. 201(c), May 3, 1973, 87 Stat. 35;

renumbered Sec. 208, Pub. L. 97-115, Sec. 2(e)(2), Dec. 29, 1981,

95 Stat. 1596.)

-MISC1-

PRIOR PROVISIONS

A prior section 208 of Pub. L. 89-73 was renumbered section 207

and is classified to section 3018 of this title.

Provisions similar to those comprising this section were

contained in 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, which was classified to section 3055 of

this title, prior to repeal by Pub. L. 93-29, Sec. 202.

-End-

-CITE-

42 USC Sec. 3020 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER II - ADMINISTRATION ON AGING

-HEAD-

Sec. 3020. Advance funding

-STATUTE-

(a) For the purpose of affording adequate notice of funding

available under this chapter, appropriations under this chapter are

authorized to be included in the appropriation Act for the fiscal

year preceding the fiscal year for which they are available for

obligation.

(b) In order to effect a transition to the advance funding method

of timing appropriation action, subsection (a) of this section

shall apply notwithstanding that its initial application will

result in the enactment in the same year (whether in the same

appropriation Act or otherwise) of two separate appropriations, one

for the then current fiscal year and one for the succeeding fiscal

year.

-SOURCE-

(Pub. L. 89-73, title II, Sec. 209, formerly Sec. 210, as added

Pub. L. 93-29, title II, Sec. 201(c), May 3, 1973, 87 Stat. 36;

renumbered Sec. 209 and amended Pub. L. 97-115, Sec. 2(e)(2), (i),

Dec. 29, 1981, 95 Stat. 1596.)

-MISC1-

PRIOR PROVISIONS

A prior section 209 of Pub. L. 89-73 was renumbered section 208

and is classified to section 3019 of this title.

AMENDMENTS

1981 - Subsec. (b). Pub. L. 97-115, Sec. 2(i), substituted

"subsection (a) of this section shall apply" for "the amendment

made by subsection (a) of this section shall apply".

-End-

-CITE-

42 USC Sec. 3020a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER II - ADMINISTRATION ON AGING

-HEAD-

Sec. 3020a. Application of other laws; costs of projects under this

chapter not treated as income or benefits under other laws

-STATUTE-

(a) The provisions and requirements of chapter 71 of title 31

shall not apply to the administration of the provisions of this

chapter or to the administration of any program or activity under

this chapter.

(b) No part of the costs of any project under any subchapter of

this chapter may be treated as income or benefits to any eligible

individual (other than any wage or salary to such individual) for

the purpose of any other program or provision of Federal or State

law.

-SOURCE-

(Pub. L. 89-73, title II, Sec. 210, formerly Sec. 211, as added

Pub. L. 94-135, title I, Sec. 102, Nov. 28, 1975, 89 Stat. 713;

amended Pub. L. 95-478, title I, Sec. 102(h), Oct. 18, 1978, 92

Stat. 1515; renumbered Sec. 210 and amended Pub. L. 97-115, Sec.

2(e)(2), (j), Dec. 29, 1981, 95 Stat. 1596.)

-COD-

CODIFICATION

In subsec. (a), "chapter 71 of title 31" substituted for "the Act

of December 5, 1974 (Public Law 93-510; 88 Stat. 1604) [42 U.S.C.

4251 et seq.]" on authority of Pub. L. 97-258, Sec. 4(b), Sept. 13,

1982, 96 Stat. 1067, the first section of which enacted Title 31,

Money and Finance.

-MISC1-

PRIOR PROVISIONS

A prior section 210 of Pub. L. 89-73 was renumbered section 209

and is classified to section 3020 of this title.

AMENDMENTS

1981 - Subsec. (a). Pub. L. 97-115, Sec. (2)(j), struck out "and

section 1469a of title 48" after "chapter 52A of this chapter".

1978 - Subsec. (a). Pub. L. 95-478, Sec. 102(h)(1), (2),

designated existing provisions as subsec. (a) and provided for

nonapplication of provisions relating to Congressional declaration

of policy respecting "Insular Areas".

Subsec. (b). Pub. L. 95-478, Sec. 102(h)(1), added subsec. (b).

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-478 effective at close of Sept. 30, 1978,

see section 504 of Pub. L. 95-478, set out as a note under section

3001 of this title.

-End-

-CITE-

42 USC Sec. 3020b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER II - ADMINISTRATION ON AGING

-HEAD-

Sec. 3020b. Reduction of paperwork

-STATUTE-

In order to reduce unnecessary, duplicative, or disruptive

demands for information, the Assistant Secretary, in consultation

with State agencies and other appropriate agencies and

organizations, shall continually review and evaluate all requests

by the Administration for information under this chapter and take

such action as may be necessary to reduce the paperwork required

under this chapter. The Assistant Secretary shall request only such

information as the Assistant Secretary deems essential to carry out

the objectives and provisions of this chapter and, in gathering

such information, shall make use of uniform service definitions to

the extent that such definitions are available.

-SOURCE-

(Pub. L. 89-73, title II, Sec. 211, formerly Sec. 212, as added

Pub. L. 95-478, title I, Sec. 102(i), Oct. 18, 1978, 92 Stat. 1515;

renumbered Sec. 211, Pub. L. 97-115, Sec. 2(e)(2), Dec. 29, 1981,

95 Stat. 1596; amended Pub. L. 98-459, title II, Sec. 208, Oct. 9,

1984, 98 Stat. 1771; Pub. L. 102-375, title I, Sec. 102(b)(1)(A),

(9)(A), title IX, Sec. 904(a)(9), Sept. 30, 1992, 106 Stat. 1200,

1201, 1306; Pub. L. 103-171, Secs. 2(6), 3(a)(13), Dec. 2, 1993,

107 Stat. 1988, 1990.)

-MISC1-

PRIOR PROVISIONS

A prior section 211 of Pub. L. 89-73 was renumbered section 210

and is classified to section 3020a of this title.

AMENDMENTS

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

"Commissioner" wherever appearing and "State agencies" for "State

agencies,".

1992 - Pub. L. 102-375, Sec. 904(a)(9), substituted "objectives"

for "purposes" in last sentence.

Pub. L. 102-375, Sec. 102(b)(9)(A), struck out "designated under

section 3025(a)(1) of this title" after "in consultation with State

agencies".

Pub. L. 102-375, Sec. 102(b)(1)(A), substituted "Administration"

for "Administration on Aging".

1984 - Pub. L. 98-459 inserted provision requiring the

Commissioner, in gathering information, to make use of uniform

service definitions to the extent that such definitions are

available.

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. 3020c 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER II - ADMINISTRATION ON AGING

-HEAD-

Sec. 3020c. Contracting and grant authority

-STATUTE-

None of the provisions of this chapter shall be construed to

prevent a recipient of a grant or a contract from entering into an

agreement, subject to the approval of the State agency (or in the

case of a grantee under subchapter X of this chapter, subject to

the recommendation of the Director of the Office for American

Indian, Alaskan Native, and Native Hawaiian Aging and the approval

of the Assistant Secretary), with a profitmaking organization to

carry out the provisions of this chapter and of the appropriate

State plan.

-SOURCE-

(Pub. L. 89-73, title II, Sec. 212, formerly Sec. 213, as added

Pub. L. 95-478, title I, Sec. 102(i), Oct. 18, 1978, 92 Stat. 1516;

amended Pub. L. 97-35, title VI, Sec. 606(c), Aug. 13, 1981, 95

Stat. 486; renumbered Sec. 212, Pub. L. 97-115, Sec. 2(e)(2), Dec.

29, 1981, 95 Stat. 1596; Pub. L. 100-175, title I, Sec. 107(c),

Nov. 29, 1987, 101 Stat. 931; Pub. L. 103-171, Sec. 3(a)(4), Dec.

2, 1993, 107 Stat. 1990.)

-MISC1-

PRIOR PROVISIONS

A prior section 212 of Pub. L. 89-73 was renumbered section 211

and is classified to section 3020b of this title.

AMENDMENTS

1993 - Pub. L. 103-171 substituted "Director of the Office for"

for "Associate Commissioner on" and "Assistant Secretary" for

"Commissioner".

1987 - Pub. L. 100-175 inserted "(or in the case of a grantee

under subchapter X of this chapter, subject to the recommendation

of the Associate Commissioner on American Indian, Alaskan Native,

and Native Hawaiian Aging and the approval of the Commissioner)"

after "State agency".

1981 - Pub. L. 97-35 struck out provisions respecting

demonstration of superiority by the organization.

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

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. 3020d 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER II - ADMINISTRATION ON AGING

-HEAD-

Sec. 3020d. Surplus property eligibility

-STATUTE-

Any State or local government agency, and any nonprofit

organization or institution, which receives funds appropriated for

programs for older individuals under this chapter, under title IV

or title XX of the Social Security Act [42 U.S.C. 601 et seq., 1397

et seq.], or under titles VIII and X of the Economic Opportunity

Act of 1964 [42 U.S.C. 2991 et seq., 2996 et seq.] and the

Community Services Block Grant Act [42 U.S.C. 9901 et seq.], shall

be deemed eligible to receive for such programs, property which is

declared surplus to the needs of the Federal Government in

accordance with laws applicable to surplus property.

-SOURCE-

(Pub. L. 89-73, title II, Sec. 213, formerly Sec. 214, as added

Pub. L. 95-478, title I, Sec. 102(i), Oct. 18, 1978, 92 Stat. 1516;

renumbered Sec. 213 and amended Pub. L. 97-115, Sec. 2(e)(2), (k),

Dec. 29, 1981, 95 Stat. 1596.)

-REFTEXT-

REFERENCES IN TEXT

The Social Security Act, referred to in text, is act Aug. 14,

1935, ch. 531, 49 Stat. 620, as Titles IV and XX of the Social

Security Act are classified generally to subchapters IV (Sec. 601

et seq.) and XX (Sec. 1397 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 Economic Opportunity Act of 1964, referred to in text, is

Pub. L. 88-452, Aug. 20, 1964, 78 Stat. 508, as amended, which was

classified generally to chapter 34 (Sec. 2701 et seq.) of this

title prior to repeal, except for titles VIII and X, by Pub. L.

97-35, title VI, Sec. 683(a), Aug. 13, 1981, 95 Stat. 519. Titles

VIII and X of the Economic Opportunity Act of 1964 are classified

generally to subchapters VIII (Sec. 2991 et seq.) and X (Sec. 2996

et seq.) of chapter 34 of this title. For complete classification

of this Act to the Code, see Tables.

The Community Services Block Grant Act, referred to in text, is

subtitle B (Sec. 671 et seq.) of title VI of Pub. L. 97-35, 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.

-MISC1-

PRIOR PROVISIONS

A prior section 213 of Pub. L. 89-73 was renumbered section 212

and is classified to section 3020c of this title.

AMENDMENTS

1981 - Pub. L. 97-115, Sec. 2(k), substituted "titles VIII and X

of the Economic Opportunity Act of 1964 and the Community Services

Block Grant Act" for "the Economic Opportunity Act of 1964".

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. 3020e 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER II - ADMINISTRATION ON AGING

-HEAD-

Sec. 3020e. Nutrition education

-STATUTE-

The Assistant Secretary and the Secretary of Agriculture may

provide technical assistance and appropriate material to agencies

carrying out nutrition education programs in accordance with

section 3030g-21(2)(J) of this title.

-SOURCE-

(Pub. L. 89-73, title II, Sec. 214, as added Pub. L. 102-375, title

II, Sec. 209, Sept. 30, 1992, 106 Stat. 1215; amended Pub. L.

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

106-501, title VIII, Sec. 801(b)(5), Nov. 13, 2000, 114 Stat.

2292.)

-MISC1-

AMENDMENTS

2000 - Pub. L. 106-501 substituted "3030g-21(2)(J)" for

"3027(a)(13)(J)".

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

"Commissioner".

-End-

-CITE-

42 USC Sec. 3020e-1 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER II - ADMINISTRATION ON AGING

-HEAD-

Sec. 3020e-1. Pension counseling and information programs

-STATUTE-

(a) Definitions

In this section:

(1) Pension and other retirement benefits

The term "pension and other retirement benefits" means private,

civil service, and other public pensions and retirement benefits,

including benefits provided under -

(A) the Social Security program under title II of the Social

Security Act (42 U.S.C. 401 et seq.);

(B) the railroad retirement program under the Railroad

Retirement Act of 1974 (45 U.S.C. 231 et seq.);

Civil Service Retirement System set forth in chapter 83 of

title 5, the Federal Employees Retirement System set forth in

chapter 84 of title 5, or other Federal retirement systems; or

(D) employee pension benefit plans as defined in section

1002(2) of title 29.

(2) Pension counseling and information program

The term "pension counseling and information program" means a

program described in subsection (b) of this section.

(b) Program authorized

The Assistant Secretary shall award grants to eligible entities

to establish and carry out pension counseling and information

programs that create or continue a sufficient number of pension

assistance and counseling programs to provide outreach,

information, counseling, referral, and other assistance regarding

pension and other retirement benefits, and rights related to such

benefits, to individuals in the United States.

The Assistant Secretary shall award grants under this section to

(1) State agencies or area agencies on aging; and

(2) nonprofit organizations with a proven record of providing -

(A) services related to retirement of older individuals;

(B) services to Native Americans; or

(d) Citizen advisory panel

The Assistant Secretary shall establish a citizen advisory panel

to advise the Assistant Secretary regarding which entities should

receive grant awards under this section. Such panel shall include

representatives of business, labor, national senior advocates, and

national pension rights advocates. The Assistant Secretary shall

consult such panel prior to awarding grants under this section.

(e) Application

To be eligible to receive a grant under this section, 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, including -

(1) a plan to establish a pension counseling and information

program that -

(A) establishes or continues a State or area pension

counseling and information program;

(B) serves a specific geographic area;

assistance to individuals who need information regarding

pension and other retirement benefits) and information that may

assist individuals in obtaining, or establishing rights to, and

filing claims or complaints regarding, pension and other

retirement benefits;

(D) provides information on sources of pension and other

retirement benefits;

(E) establishes a system to make referrals for legal services

and other advocacy programs;

(F) establishes a system of referral to Federal, State, and

local departments or agencies related to pension and other

retirement benefits;

(G) provides a sufficient number of staff positions

(including volunteer positions) to ensure information,

counseling, referral, and assistance regarding pension and

other retirement benefits;

(H) provides training programs for staff members, including

volunteer staff members, of pension and other retirement

benefits programs;

(I) makes recommendations to the Administration, the

Department of Labor and other Federal, State, and local

agencies concerning issues for older individuals related to

pension and other retirement benefits; and

(J) establishes or continues an outreach program to provide

information, counseling, referral and assistance regarding

pension and other retirement benefits, with particular emphasis

on outreach to women, minorities, older individuals residing in

rural areas and low income retirees; and

(2) an assurance that staff members (including volunteer staff

members) have no conflict of interest in providing the services

described in the plan described in paragraph (1).

(f) Criteria

The Assistant Secretary shall consider the following criteria in

awarding grants under this section:

(1) Evidence of a commitment by the entity to carry out a

proposed pension counseling and information program.

(2) The ability of the entity to perform effective outreach to

affected populations, particularly populations that are

identified in need of special outreach.

(3) Reliable information that the population to be served by

the entity has a demonstrable need for the services proposed to

be provided under the program.

(4) The ability of the entity to provide services under the

program on a statewide or regional basis.

(g) Training and technical assistance program

(1) In general

The Assistant Secretary shall award grants to eligible entities

to establish training and technical assistance programs that

shall provide information and technical assistance to the staffs

of entities operating pension counseling and information programs

described in subsection (b) of this section, and general

assistance to such entities, including assistance in the design

of program evaluation tools.

(2) Eligible entities

Entities that are eligible to receive a grant under this

subsection include nonprofit private organizations with a record

of providing national information, referral, and advocacy in

matters related to pension and other retirement benefits.

(3) Application

To be eligible to receive a grant under this subsection, 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.

(h) Pension assistance hotline and intragency coordination

(1) Hotline

The Assistant Secretary shall enter into agreements with other

Federal agencies to establish and administer a national telephone

hotline that shall provide information regarding pension and

other retirement benefits, and rights related to such benefits.

(2) Content

Such hotline described in paragraph (1) shall provide

information for individuals seeking outreach, information,

counseling, referral, and assistance regarding pension and other

retirement benefits, and rights related to such benefits.

(3) Agreements

The Assistant Secretary may enter into agreements with the

Secretary of Labor and the heads of other Federal agencies that

regulate the provision of pension and other retirement benefits

in order to carry out this subsection.

(i) Report to Congress

Not later than 30 months after November 13, 2000, the Assistant

Secretary shall submit to the Committee on Education and the

Workforce of the House of Representatives and the Committee on

Health, Education, Labor and Pensions of the Senate a report that -

(1) summarizes the distribution of funds authorized for grants

under this section and the expenditure of such funds;

(2) summarizes the scope and content of training and assistance

provided under a program carried out under this section and the

degree to which the training and assistance can be replicated;

(3) outlines the problems that individuals participating in

programs funded under this section encountered concerning rights

related to pension and other retirement benefits; and

(4) makes recommendations regarding the manner in which

services provided in programs funded under this section can be

incorporated into the ongoing programs of State agencies, area

agencies on aging, multipurpose senior centers and other similar

entities.

(j) Administrative expenses

Of the funds appropriated under section 3020f of this title to

carry out this section for a fiscal year, not more than $100,000

may be used by the Administration for administrative expenses.

-SOURCE-

(Pub. L. 89-73, title II, Sec. 215, as added Pub. L. 106-501, title

II, Sec. 202(5), Nov. 13, 2000, 114 Stat. 2231.)

-REFTEXT-

REFERENCES IN TEXT

The Social Security Act, referred to in subsec. (a)(1)(A), is act

Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Title II of the

Act is classified generally to subchapter II (Sec. 401 et seq.) of

chapter 7 of this title. For complete classification of this Act to

the Code, see section 1305 of this title and Tables.

The Railroad Retirement Act of 1974, referred to in subsec.

(a)(1)(B), is act Aug. 29, 1935, ch. 812, as amended generally by

Pub. L. 93-445, title I, Sec. 101, Oct. 16, 1974, 88 Stat. 1305,

which is classified generally to subchapter IV (Sec. 231 et seq.)

of chapter 9 of Title 45, Railroads. For further details and

complete classification of this Act to the Code, see Codification

note set out preceding section 231 of Title 45, section 231t of

Title 45, and Tables.

-MISC1-

PRIOR PROVISIONS

A prior section 215 of Pub. L. 89-73 was renumbered section 216

and is classified to section 3020f of this title.

TERMINATION OF ADVISORY PANELS

Advisory panels established after Jan. 5, 1973, to terminate not

later than the expiration of the 2-year period beginning on the

date of their establishment, unless, in the case of a panel

established by the President or an officer of the Federal

Government, such panel is renewed by appropriate action prior to

the expiration of such 2-year period, or in the case of a panel

established by Congress, its duration is otherwise provided for by

law. See sections 3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972, 86

Stat. 770, 776, set out in the Appendix to Title 5, Government

Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3012, 3020f of this

title.

-End-

-CITE-

42 USC Sec. 3020f 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 35 - PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER II - ADMINISTRATION ON AGING

-HEAD-

Sec. 3020f. Authorization of appropriations

-STATUTE-

(a) In general

For purposes of carrying out this chapter, there are authorized

to be appropriated for administration, salaries, and expenses of

the Administration such sums as may be necessary for fiscal years

2001, 2002, 2003, 2004, and 2005 (!1)

(b) Eldercare Locator Service

There are authorized to be appropriated to carry out section

3012(a)(24) (!2) of this title (relating to the National Eldercare

Locator Service) 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.

There are authorized to be appropriated to carry out section

3020e-1 of this title, such sums as may be necessary for fiscal

year 2001 and for each of the 4 succeeding fiscal years.

-SOURCE-

(Pub. L. 89-73, title II, Sec. 216, formerly Sec. 215, as added

Pub. L. 102-375, title II, Sec. 210, Sept. 30, 1992, 106 Stat.

1215; amended Pub. L. 103-171, Sec. 3(a)(13), Dec. 2, 1993, 107

Stat. 1990; renumbered Sec. 216 and amended Pub. L. 106-501, title

II, Secs. 202(4), 205, Nov. 13, 2000, 114 Stat. 2231, 2234.)

-REFTEXT-

REFERENCES IN TEXT

Section 3012(a)(24) of this title, referred to in subsec. (b),

does not relate to the National Eldercare Locator Service.

Provisions relating to that Service are found elsewhere in section

3012.

-MISC1-

AMENDMENTS

2000 - Subsec. (a). Pub. L. 106-501, Sec. 205(1), in heading,

substituted "In general" for "Administration", and in text,

inserted "administration, salaries, and expenses of" after

"appropriated for" and substituted "2001, 2002, 2003, 2004, and

2005" for "1992, 1993, 1994, and 1995."

Subsecs. (b), (c). Pub. L. 106-501, Sec. 205(2), added subsecs.

(b) and (c) and struck out heading and text of former subsec. (b).

Text read as follows: "There are authorized to be appropriated for

salaries and expenses of the Administration on Aging -

"(1) $17,000,000 for fiscal year 1992, $20,000,000 for fiscal

year 1993, $24,000,000 for fiscal year 1994, and $29,000,000 for

fiscal year 1995; and

"(2) such additional sums as may be necessary for each such

fiscal year to enable the Assistant Secretary to provide for not

fewer than 300 full-time employees (or the equivalent thereof) in

the Administration on Aging."

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

Secretary" for "Commissioner".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3020e-1 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be followed by a period.

(!2) See References in Text note below.

-End-

-CITE-

42 USC SUBCHAPTER III - GRANTS FOR STATE AND COMMUNITY

PROGRAMS ON AGING 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

-HEAD-

SUBCHAPTER III - GRANTS FOR STATE AND COMMUNITY PROGRAMS ON AGING

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 1395i-3, 1396r, 1762a,

3011, 3015, 3017, 3018, 3032e, 3033, 3056a, 3057, 3057b, 3057e,

3057j, 3058b, 5021, 8011, 8012 of this title.

-End-

-CITE-

42 USC Part A - 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 A - General Provisions

-HEAD-

PART A - GENERAL PROVISIONS

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in section 3030g-22 of this title.

-End-

-CITE-

42 USC Sec. 3021 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. 3021. Purpose and program

-STATUTE-

(a) Congressional declaration of purpose

(1) It is the purpose of this subchapter to encourage and assist

State agencies and area agencies on aging to concentrate resources

in order to develop greater capacity and foster the development and

implementation of comprehensive and coordinated systems to serve

older individuals by entering into new cooperative arrangements in

each State with the persons described in paragraph (2), for the

planning, and for the provision of, supportive services, and

multipurpose senior centers, in order to -

(A) secure and maintain maximum independence and dignity in a

home environment for older individuals capable of self care with

appropriate supportive services;

(B) remove individual and social barriers to economic and

personal independence for older individuals;

individuals; and

(D) secure the opportunity for older individuals to receive

managed in-home and community-based long-term care services.

(2) The persons referred to in paragraph (1) include -

(A) State agencies and area agencies on aging;

(B) other State agencies, including agencies that administer

home and community care programs;

organizations;

(D) the providers, including voluntary organizations or other

private sector organizations, of supportive services, nutrition

services, and multipurpose senior centers; and

(E) organizations representing or employing older individuals

or their families.

(b) Administration of program

(1) In order to effectively carry out the purpose of this

subchapter, the Assistant Secretary shall administer programs under

this subchapter through the Administration.

(2) In carrying out the provisions of this subchapter, the

Assistant Secretary may request the technical assistance and

cooperation of the Department of Education, the Department of

Labor, the Department of Housing and Urban Development, the

Department of Transportation, the Office of Community Services, the

Department of Veterans Affairs, the Substance Abuse and Mental

Health Services Administration,,(!1) and such other agencies and

departments of the Federal Government as may be appropriate.

The Assistant Secretary shall provide technical assistance and

training (by contract, grant, or otherwise) to State long-term care

ombudsman programs established under section 3027(a)(9) of this

title in accordance with section 3058g of this title, and to

individuals within such programs designated under section 3058g of

this title to be representatives of a long-term care ombudsman, in

order to enable such ombudsmen and such representatives to carry

out the ombudsman program effectively.

(d) Use of funds

(1) Any funds received under an allotment as described in section

3024(a) of this title, or funds contributed toward the non-Federal

share under section 3024(d) of this title, shall be used only for

activities and services to benefit older individuals and other

individuals as specifically provided for in this subchapter.

(2) No provision of this subchapter shall be construed as

prohibiting a State agency or area agency on aging from providing

services by using funds from sources not described in paragraph

(1).

-SOURCE-

(Pub. L. 89-73, title III, Sec. 301, as added Pub. L. 95-478, title

I, Sec. 103(b), Oct. 18, 1978, 92 Stat. 1516; amended Pub. L.

97-115, Sec. 3(a), (d), Dec. 29, 1981, 95 Stat. 1596, 1597; Pub. L.

98-459, title III, Sec. 301, Oct. 9, 1984, 98 Stat. 1771; Pub. L.

100-175, title I, Secs. 104(b), 105(c), 121, 129(a), Nov. 29, 1987,

101 Stat. 929, 930, 933, 934; Pub. L. 100-628, title VII, Sec.

705(3), Nov. 7, 1988, 102 Stat. 3247; Pub. L. 102-54, Sec.

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

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

102-375, title I, Sec. 102(b)(1)(A), title III, Sec. 301, title

VII, Sec. 708(a)(2)(B), Sept. 30, 1992, 106 Stat. 1200, 1219, 1292;

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

L. 106-501, title III, Sec. 301, title VIII, Sec. 801(c)(1), Nov.

13, 2000, 114 Stat. 2238, 2292.)

-MISC1-

PRIOR PROVISIONS

A prior section 3021, Pub. L. 89-73, title III, Sec. 301, as

added Pub. L. 93-29, title III, Sec. 301, May 3, 1973, 87 Stat. 36,

related to the purpose of this subchapter, prior to the general

amendment of this subchapter by Pub. L. 95-478.

Another prior section 3021, Pub. L. 89-73, title III, Sec. 301,

July 14, 1965, 79 Stat. 220; Pub. L. 90-42, Sec. 2(a), July 1,

1967, 81 Stat. 106; Pub. L. 91-69, Sec. 2(a), Sept. 17, 1969, 83

Stat. 108, related to a description of activities and authorized

appropriations for fiscal years ending June 30, 1966, through 1972,

prior to repeal by Pub. L. 93-29, title III, Sec. 301, May 3, 1973,

87 Stat. 36.

AMENDMENTS

2000 - Subsec. (c). Pub. L. 106-501, Sec. 801(c)(1), substituted

"3027(a)(9)" for "3027(a)(12)".

Subsec. (d). Pub. L. 106-501, Sec. 301, added subsec. (d).

1993 - Subsecs. (b), (c). Pub. L. 103-171 substituted "Assistant

Secretary" for "Commissioner" wherever appearing.

1992 - Subsec. (a). Pub. L. 102-375, Sec. 301, amended subsec.

(a) generally. Prior to amendment, subsec. (a) read as follows: "It

is the purpose of this subchapter to encourage and assist State and

area agencies to concentrate resources in order to develop greater

capacity and foster the development and implementation of

comprehensive and coordinated service systems to serve older

individuals by entering into new cooperative arrangements in each

State with State and area agencies, with Indian tribes, tribal

organizations, and Native Hawaiian organizations, and with the

providers, including voluntary organizations, of supportive

services, including nutrition services and multipurpose senior

centers, for the planning, and for the provision of, supportive

services, nutrition services, and multipurpose senior centers, in

order to -

"(1) secure and maintain maximum independence and dignity in a

home environment for older individuals capable of self care with

appropriate supportive services;

"(2) remove individual and social barriers to economic and

personal independence for older individuals; and

"(3) provide a continuum of care for the vulnerable elderly."

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

"Administration" for "Administration on Aging".

Subsec. (b)(2). Pub. L. 102-321 substituted "the Substance Abuse

and Mental Health Services Administration" for "the Alcohol, Drug

Abuse, and Mental Health Administration".

Subsec. (c). Pub. L. 102-375, Sec. 708(a)(2)(B), substituted "in

accordance with section 3058g of this title, and to individuals

within such programs designated under section 3058g of this title"

for ", and to individuals designated under such section".

1991 - Subsec. (b)(2). Pub. L. 102-54 substituted "Department of

Veterans Affairs" for "Veterans' Administration".

1988 - Subsec. (a). Pub. L. 100-628 substituted "Native Hawaiian

organizations," for "Native Hawaiian organizations,,".

1987 - Subsec. (a). Pub. L. 100-175, Sec. 121, inserted ", with

Indian tribes, tribal organizations, and Native Hawaiian

organizations," after second reference to "agencies".

Subsec. (b)(2). Pub. L. 100-175, Sec. 105(c), inserted "the

Alcohol, Drug Abuse, and Mental Health Administration," after

"Veterans' Administration,".

Pub. L. 100-175, Sec. 104(b), inserted ", the Veterans'

Administration," after "Office of Community Services".

Subsec. (c). Pub. L. 100-175, Sec. 129(a), added subsec. (c).

1984 - Subsec. (a). Pub. L. 98-459 substituted "area agencies"

for "local agencies" in two places, inserted "and implementation",

inserted ", including voluntary organizations,", and struck out

"for the provision of" after "planning".

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

"supportive services" for "social services" in two places.

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

"cooperation of the Department of Education, the Department of

Labor, the Department of Housing and Urban Development, the

Department of Transportation, the Office of Community Services, and

such other agencies and departments" for "cooperation of the

Department of Labor, the Community Services Administration, the

Department of Housing and Urban Development, the Department of

Transportation, and such other agencies and departments".

EFFECTIVE DATE OF 1992 AMENDMENTS

Amendment by section 708(a)(2)(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(a)(2)(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.

Amendment by Pub. L. 102-321 effective Oct. 1, 1992, see section

801(c) of Pub. L. 102-321, set out as a note under section 836 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.

COORDINATION AND CONSOLIDATION OF SERVICES UNDER CHAPTER

Section 103(a) of Pub. L. 95-478 provided that:

"(1) The Congress finds that -

"(A) approximately 3 percent of the eligible population is

presently served under community services programs authorized

under the Older Americans Act of 1965 [this chapter], 17 percent

of whom are minority group members;

"(B) approximately 1 percent of the eligible population is

presently served by the nutrition program authorized under the

Older Americans Act of 1965 [this chapter], 21 percent of whom

are minority group members;

"(C) there is program fragmentation at the national, State, and

local levels which inhibits effective use of existing resources;

and

"(D) coordination and consolidation of services provided under

the Older Americans Act of 1965 [this chapter] allowing greater

local determination to assess the need for services will

facilitate achieving the goals of the Older Americans Act of

1965.

"(2) It is the purpose of the amendments made by subsection (b)

[amending sections 3021 to 3029 of this title and enacting sections

3030 to 3030g of this title] to combine within a consolidated

title, subject to the modifications imposed by the provisions and

requirements of the amendments made by subsection (b), the programs

authorized by title III, title V, and title VII of the Older

Americans Act of 1965 [former subchapters III, V, and VII of this

chapter, respectively, as in effect prior to their revision by Pub.

L. 95-478] in the fiscal year 1978, and funds appropriated to carry

out such consolidated title shall be used solely for the purposes

and for the assistance of the same types of programs authorized

under the provisions of such titles."

-FOOTNOTE-

(!1) So in original.

-End-

-CITE-

42 USC Sec. 3022 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. 3022. Definitions

-STATUTE-

For the purpose of this subchapter -

(1) The term "comprehensive and coordinated system" means a

system for providing all necessary supportive services, including

nutrition services, in a manner designed to -

(A) facilitate accessibility to, and utilization of, all

supportive services and nutrition services provided within the

geographic area served by such system by any public or private

agency or organization;

(B) develop and make the most efficient use of supportive

services and nutrition services in meeting the needs of older

individuals;

duplication; and

(D) encourage and assist public and private entities that

have unrealized potential for meeting the service needs of

older individuals to assist the older individuals on a

voluntary basis.

(2) The term "unit of general purpose local government" means -

(A) a political subdivision of the State whose authority is

general and not limited to only one function or combination of

related functions; or

(B) an Indian tribal organization.

(3) The term "education and training service" means a

supportive service designed to assist older individuals to better

cope with their economic, health, and personal needs through

services such as consumer education, continuing education, health

education, preretirement education, financial planning, and other

education and training services which will advance the objectives

of this chapter.

-SOURCE-

(Pub. L. 89-73, title III, Sec. 302, as added Pub. L. 95-478, title

I, Sec. 103(b), Oct. 18, 1978, 92 Stat. 1517; amended Pub. L.

97-115, Sec. 3(b), (d), Dec. 29, 1981, 95 Stat. 1596, 1597; Pub. L.

98-459, title III, Sec. 302, Oct. 9, 1984, 98 Stat. 1771; Pub. L.

100-175, title I, Secs. 136(a)(2), 144(a), 182(b)(2), (e)(1), Nov.

29, 1987, 101 Stat. 943, 948, 964; Pub. L. 102-375, title I, Sec.

102(b)(3), title III, Sec. 302, Sept. 30, 1992, 106 Stat. 1201,

1220; Pub. L. 103-171, Sec. 2(7), Dec. 2, 1993, 107 Stat. 1988.)

-MISC1-

PRIOR PROVISIONS

A prior section 3022, Pub. L. 89-73, title III, Sec. 302, as

added Pub. L. 93-29, title III, Sec. 301, May 3, 1973, 87 Stat. 36,

Pub. L. 94-135, title I, Sec. 103, Nov. 28, 1975, 89 Stat. 713,

related to definitions, prior to the general amendment of this

subchapter by Pub. L. 95-478.

Another prior section 3022, Pub. L. 89-73, title III, Sec. 302,

July 14, 1965, 79 Stat. 221; Pub. L. 90-42, Secs. 2(b), 5(g), July

1, 1967, 81 Stat. 107, 108; Pub. L. 91-69, Secs. 3(a), 4(d), 6,

10(b), Sept. 17, 1969, 83 Stat. 108, 110, 114, related to

allotments to States, providing in subsec. (a) amount of

allotments, subsec. (b) reallotments, and subsec. (c) availability

for grant percentage payments, and duration of project support,

prior to repeal by Pub. L. 93-29, title III, Sec. 301, May 3, 1973,

87 Stat. 36.

AMENDMENTS

1993 - Par. (10). Pub. L. 103-171 struck out par. (10) which

defined "multipurpose senior center".

1992 - Par. (1)(D). Pub. L. 102-375, Sec. 302, added subpar. (D).

Pars. (2), (3). Pub. L. 102-375, Sec. 102(b)(3)(A), (B),

redesignated pars. (7) and (8) as (2) and (3), respectively, and

struck out former pars. (2) and (3) which defined "information and

referral source" and "long-term care facility", respectively.

Pars. (4) to (6). Pub. L. 102-375, Sec. 102(b)(3)(A), struck out

pars. (4) to (6) which defined "legal assistance", "planning and

service area", and "State agency", respectively.

Pars. (7), (8). Pub. L. 102-375, Sec. 102(b)(3)(B), redesignated

pars. (7) and (8) as (2) and (3), respectively.

Par. (9). Pub. L. 102-375, Sec. 102(b)(3)(A), struck out par. (9)

which defined "older individual".

Par. (11). Pub. L. 102-375, Sec. 102(b)(3)(A), struck out par.

(11) which defined "focal point".

Pars. (14) to (21). Pub. L. 102-375, Sec. 102(b)(3)(A), struck

out pars. (14) to (21) which defined "abuse", "elder abuse",

"caretaker", "exploitation", "neglect", "physical harm", "greatest

economic need", and "greatest social need", respectively.

1987 - Par. (6). Pub. L. 100-175, Sec. 182(b)(2), redesignated

par. (7) as (6) and struck out former par. (6) which read as

follows: "The term 'State' means each of the several States, the

District of Columbia, the Commonwealth of Puerto Rico, Guam,

American Samoa, the Virgin Islands, the Trust Territory of the

Pacific Islands, and the Commonwealth of the Northern Mariana

Islands."

Pars. (7) to (9). Pub. L. 100-175, Sec. 182(b)(2)(B),

redesignated pars. (8) to (10) as (7) to (9), respectively. Former

par. (7) redesignated (6).

Par. (10). Pub. L. 100-175, Secs. 136(a)(2), 182(b)(2)(B),

redesignated par. (11) as (10) and inserted "(including mental

health)" after "health". Former par. (10) redesignated (9).

Par. (11). Pub. L. 100-175, Sec. 182(b)(2)(B), redesignated par.

(12) as (11). Former par. (11) redesignated (10).

Pars. (12), (13). Pub. L. 100-175, Sec. 182(b)(2)(B), which

directed the redesignation of pars. (13) and (14) as (12) and (13),

respectively, could not be executed because no pars. (13) and (14)

had been enacted. A former par. (12) was redesignated (11).

Pars. (14) to (19). Pub. L. 100-175, Secs. 144(a), 182(b)(2)(B),

added pars. (15) to (20) and redesignated them as (14) to (19),

respectively.

Par. (20). Pub. L. 100-175, Sec. 182(b)(2)(B), (e)(1), added par.

(20) and redesignated former par. (20) as (19).

Pub. L. 100-175, Sec. 144(a), added par. (20).

Par. (21). Pub. L. 100-175, Sec. 182(e)(1), added par. (21).

1984 - Par. (2)(B). Pub. L. 98-459, Sec. 302(1), substituted

"employs, where feasible," for "employs", and inserted "to assess

the needs and capacities of older individuals,".

Par. (4). Pub. L. 98-459, Sec. 302(2), substituted "legal

assistance" for "legal services".

Par. (6). Pub. L. 98-459, Sec. 302(3), substituted ", and the

Commonwealth of the Northern Mariana Islands" for "and the Northern

Mariana Islands".

Pars. (10) to (12). Pub. L. 98-459, Sec. 302(4), added pars. (10)

to (12).

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

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

subpar. (A) and in subpars. (A) and (B).

Par. (3). Pub. L. 97-115, Sec. 3(b)(1), inserted provision

relating to any category of institutions regulated by a State

pursuant to provisions of section 1382e(e) of this title (for

purposes of section 3027(a)(12) of this title).

Par. (9). Pub. L. 97-115, Sec. 3(b)(2), added par. (9).

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.

-End-

-CITE-

42 USC Sec. 3023 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. 3023. Authorization of appropriations; uses of funds

-STATUTE-

(a)(1) There are authorized to be appropriated to carry out part

B of this subchapter (relating to supportive services) 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.

(2) Funds appropriated under paragraph (1) shall be available to

carry out section 3058g of this title.

(b)(1) There are authorized to be appropriated to carry out

subpart I of part C of this subchapter (relating to congregate

nutrition services) 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.

(2) There are authorized to be appropriated to carry out subpart

II of part C of this subchapter (relating to home delivered

nutrition services) 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.

this subchapter may be used for paying part of the cost of -

(1) the administration of area plans by area agencies on aging

designated under section 3025(a)(2)(A) of this title, including

the preparation of area plans on aging consistent with section

3026 of this title and the evaluation of activities carried out

under such plans; and

(2) the development of comprehensive and coordinated systems

for supportive services, congregate and home delivered nutrition

services under subparts I and II of part C of this subchapter,

the development and operation of multipurpose senior centers, and

the delivery of legal assistance.

(d) There are authorized to be appropriated to carry out part D

of this subchapter (relating to disease prevention and health

promotion services) 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.

(e)(1) There are authorized to be appropriated to carry out part

E of this subchapter (relating to family caregiver support)

$125,000,000 for fiscal year 2001 if the aggregate amount

appropriated under subsection (a)(1) of this section (relating to

part B of this subchapter, supportive services), paragraphs (1)

(relating to subpart I of part C of this subchapter, congregate

nutrition services) and (2) (relating to subpart II of part C of

this subchapter, home delivered nutrition services) of subsection

(b) of this section, and (d) (!1) (relating to part D of this

subchapter, disease prevention and health promotion services) of

this section for fiscal year 2001 is not less than the aggregate

amount appropriated under subsection (a)(1) of this section,

paragraphs (1) and (2) of subsection (b) of this section, and

subsection (d) of this section for fiscal year 2000.

(2) There are authorized to be appropriated to carry out part E

of this subchapter (relating to family caregiver support) such sums

as may be necessary for each of the 4 succeeding fiscal years.

(3) Of the funds appropriated under paragraphs (1) and (2) -

(A) 4 percent of such funds shall be reserved to carry out

activities described in section 3030s-11 of this title; and

(B) 1 percent of such funds shall be reserved to carry out

activities described in section 3030s-12 of this title.

-SOURCE-

(Pub. L. 89-73, title III, Sec. 303, as added Pub. L. 95-478, title

I, Sec. 103(b), Oct. 18, 1978, 92 Stat. 1518; amended Pub. L.

97-115, Sec. 3(c), (d), Dec. 29, 1981, 95 Stat. 1597; Pub. L.

98-459, title III, Sec. 303, Oct. 9, 1984, 98 Stat. 1771; Pub. L.

100-175, title I, Secs. 122(a), (b), 129(c)(1), 140(a), 141(a),

143(a), 144(b), 145, 155(b), Nov. 29, 1987, 101 Stat. 933, 935,

944, 946, 947, 949, 950, 952; Pub. L. 102-375, title III, Secs.

303, 316(b), title VII, Sec. 708(c)(3), Sept. 30, 1992, 106 Stat.

1220, 1241, 1293; Pub. L. 106-501, title III, Sec. 302, Nov. 13,

2000, 114 Stat. 2238.)

-MISC1-

PRIOR PROVISIONS

A prior section 3023, Pub. L. 89-73, title III, Sec. 303, as

added Pub. L. 93-29, title III, Sec. 301 May 3, 1973, 87 Stat. 37;

Pub. L. 94-135, title I, Secs. 104(a), (c), (d), 112(b), 114(d),

Nov. 28, 1975, 89 Stat. 714, 715, 719, 725, related to area

planning and social service programs, prior to the general

amendment of this subchapter by Pub. L. 95-478.

Another prior section 3023, Pub. L. 89-73, title III, Sec. 303,

July 14, 1965, 79 Stat. 222; Pub. L. 91-69, Secs. 3(b), 4(a), Sept.

17, 1969, 83 Stat. 108, related to state plans, providing in

subsec. (a) for approval by Secretary, contents, notice and hearing

prior to disapproval; subsec. (b) noncompliance and cancellation of

payments; and subsec. (c) appeals, petitions, record, jurisdiction

of courts of appeals, conclusiveness of findings, review by Supreme

Court, and stay of administrative action, prior to repeal by Pub.

L. 93-29, title III, Sec. 301, May 3, 1973, 87 Stat. 36.

AMENDMENTS

2000 - Subsec. (a)(1). Pub. L. 106-501, Sec. 302(1), added par.

(1) and struck out former par. (1) which read as follows: "There

are authorized to be appropriated $461,376,000 for fiscal year 1992

and such sums as may be necessary for fiscal years 1993, 1994, and

1995, for the purpose of making grants under part B of this

subchapter (relating to supportive services and senior centers)."

Subsec. (b). Pub. L. 106-501, Sec. 302(2), added subsec. (b) and

struck out former subsec. (b) which read as follows:

"(b)(1) There are authorized to be appropriated $505,000,000 for

fiscal year 1992 and such sums as may be necessary for fiscal years

1993, 1994, and 1995, for the purpose of making grants under

subpart I of part C of this subchapter (relating to congregate

nutrition services).

"(2) There are authorized to be appropriated $120,000,000 for

fiscal year 1992 and such sums as may be necessary for fiscal years

1993, 1994, and 1995, for the purpose of making grants under

subpart II of part C of this subchapter (relating to home delivered

nutrition services).

"(3) There are authorized to be appropriated $15,000,000 for

fiscal year 1992 and such sums as may be necessary for fiscal years

1993, 1994, and 1995, to carry out subpart III of part C of this

subchapter (relating to school-based meals for volunteer older

individuals and multigenerational programs)."

Subsecs. (d) to (g). Pub. L. 106-501, Sec. 302(3), added subsecs.

(d) and (e) and struck out former subsecs. (d) to (g) which

authorized appropriations for fiscal years 1992 to 1995 to carry

out parts D to G of this subchapter.

1992 - Subsec. (a)(1). Pub. L. 102-375, Sec. 708(c)(3), struck

out "for purposes other than outreach activities and application

assistance under section 3027(a)(31) of this title" after "senior

centers)".

Pub. L. 102-375, Sec. 303(a)(1), substituted "$461,376,000 for

fiscal year 1992 and such sums as may be necessary for fiscal years

1993, 1994, and 1995" for "$379,575,000 for the fiscal year 1988,

$398,554,000 for the fiscal year 1989, $418,481,000 for the fiscal

year 1990, and $439,406,000 for the fiscal year 1991".

Subsec. (a)(2). Pub. L. 102-375, Sec. 303(a)(2), amended par. (2)

generally. Prior to amendment, par. (2) read as follows: "Subject

to subsection (h) of this section, there are authorized to be

appropriated $20,000,000 for fiscal year 1988 and such sums as may

be necessary for each of the fiscal years 1989, 1990, and 1991 to

carry out section 3027(a)(12) of this title."

Subsec. (a)(3). Pub. L. 102-375, Sec. 303(a)(3), struck out par.

(3) which read as follows: "Subject to subsection (h) of this

section, there are authorized to be appropriated $10,000,000 for

fiscal year 1989, $10,000,000 for fiscal year 1990, and such sums

as may be necessary for fiscal year 1991 to carry out section

3026(a)(6)(P) of this title. Amounts appropriated under this

subsection shall remain available until expended."

Subsec. (b)(1). Pub. L. 102-375, Sec. 303(b)(1), substituted

"$505,000,000 for fiscal year 1992 and such sums as may be

necessary for fiscal years 1993, 1994, and 1995" for "$414,750,000

for the fiscal year 1988, $435,488,000 for the fiscal year 1989,

$457,262,000 for the fiscal year 1990, and $480,125,000 for the

fiscal year 1991".

Subsec. (b)(2). Pub. L. 102-375, Sec. 303(b)(2), substituted

"$120,000,000 for fiscal year 1992 and such sums as may be

necessary for fiscal years 1993, 1994, and 1995" for "$79,380,000

for the fiscal year 1988, $83,349,000 for the fiscal year 1989,

$87,516,000 for the fiscal year 1990, and $91,892,000 for the

fiscal year 1991".

Subsec. (b)(3). Pub. L. 102-375, Sec. 303(b)(3), added par. (3).

Subsec. (c). Pub. L. 102-375, Sec. 316(b)(1), substituted "part

B, and subparts I and II of part C, of this subchapter" for "parts

B and C of this subchapter".

Subsec. (c)(2). Pub. L. 102-375, Sec. 316(b)(2), inserted "under

subparts I and II of part C of this subchapter" after "nutrition

services".

Subsec. (d). Pub. L. 102-375, Sec. 303(c), substituted

"$45,388,000 for fiscal year 1992 and such sums as may be necessary

for fiscal years 1993, 1994, and 1995," for "$25,000,000 for fiscal

year 1988, $26,250,000 for fiscal year 1989, $27,563,000 for fiscal

year 1990, and $28,941,000 for fiscal year 1991".

Subsec. (e). Pub. L. 102-375, Sec. 303(d), substituted "There are

authorized to be appropriated such sums as may be necessary for the

fiscal years 1992, 1993, 1994, and 1995," for "Subject to

subsection (h) of this section, there are authorized to be

appropriated $25,000,000 for fiscal year 1988, $25,000,000 for

fiscal year 1989, and such sums as may be necessary for each of the

fiscal years 1990 and 1991".

Subsec. (f). Pub. L. 102-375, Sec. 303(e), substituted "There are

authorized to be appropriated $25,000,000 for fiscal year 1992 and

such sums as may be necessary for fiscal years 1993, 1994, and

1995," for "Subject to subsection (h) of this section, there are

authorized to be appropriated $5,000,000 for fiscal year 1988 and

such sums as may be necessary for each of the fiscal years 1989,

1990, and 1991".

Subsec. (g). Pub. L. 102-375, Sec. 303(f), amended subsec. (g)

generally. Prior to amendment, subsec. (g) read as follows:

"Subject to subsection (h) of this section, there are authorized to

be appropriated $5,000,000 for fiscal year 1988 and such sums as

may be necessary for each of the fiscal years 1989, 1990, and 1991,

to carry out part G of this subchapter (relating to abuse, neglect,

and exploitation of older individuals)."

Subsec. (h). Pub. L. 102-375, Sec. 303(g), struck out subsec. (h)

which read as follows: "No funds may be appropriated under

subsection (a)(2), (a)(3), (e), (f), or (g) of this section for a

fiscal year unless the aggregate amount appropriated for such

fiscal year to carry out this subchapter (other than sections

3026(a)(6)(P), 3027(a)(12), and 3030a of this title, and parts E,

F, and G of this subchapter), subchapter IV of this chapter (other

than sections 3035f and 3035g of this title), subchapter IX of this

chapter, and subchapter X of this chapter exceeds 105 percent of

the aggregate amount appropriated for the preceding fiscal year to

carry out such subchapters."

1987 - Subsec. (a). Pub. L. 100-175, Secs. 129(c)(1), 155(b),

designated existing provisions as par. (1), inserted "for purposes

other than outreach activities and application assistance under

section 3027(a)(31) of this title", and added pars. (2) and (3).

Pub. L. 100-175, Sec. 122(a), amended subsec. (a) generally.

Prior to amendment, subsec. (a) read as follows: "There are

authorized to be appropriated $350,300,000 for fiscal year 1984,

$325,700,000 for fiscal year 1985, $343,600,000 for fiscal year

1986, and $361,500,000 for fiscal year 1987, for the purpose of

making grants under part B of this subchapter (relating to

supportive services and senior centers)."

Subsec. (b). Pub. L. 100-175, Sec. 122(b), amended subsec. (b)

generally. Prior to amendment, subsec. (b) read as follows:

"(1) There are authorized to be appropriated $365,300,000 for

fiscal year 1984, $360,800,000 for fiscal year 1985, $376,500,000

for fiscal year 1986, and $395,000,000 for fiscal year 1987, for

the purpose of making grants under subpart I of part C of this

subchapter (relating to congregate nutrition services).

"(2) There are authorized to be appropriated $68,700,000 for

fiscal year 1984, $69,100,000 for fiscal year 1985, $72,000,000 for

fiscal year 1986, and $75,600,000 for fiscal year 1987, for the

purpose of making grants under subpart II of part C of this

subchapter (relating to home delivered nutrition services)."

Subsec. (d). Pub. L. 100-175, Sec. 140(a), added subsec. (d).

Subsec. (e). Pub. L. 100-175, Sec. 141(a), added subsec. (e).

Subsec. (f). Pub. L. 100-175, Sec. 143(a), added subsec. (f).

Subsec. (g). Pub. L. 100-175, Sec. 144(b), added subsec. (g).

Subsec. (h). Pub. L. 100-175, Sec. 145, added subsec. (h).

1984 - Subsec. (a). Pub. L. 98-459, Sec. 303(a), struck out

provisions authorizing appropriations of $300,000,000 for fiscal

year 1979, $360,000,000 for fiscal year 1980, $480,000,000 for

fiscal year 1981, $306,000,000 for fiscal year 1982, and

$327,400,000 for fiscal year 1983, and inserted provisions

authorizing appropriations of $325,700,000 for fiscal year 1985,

$343,600,000 for fiscal year 1986, and $361,500,000 for fiscal year

1987.

Subsec. (b)(1). Pub. L. 98-459, Sec. 303(b)(1), struck out

provisions authorizing appropriations of $350,000,000 for fiscal

year 1979, $375,000,000 for fiscal year 1980, $400,000,000 for

fiscal year 1981, $319,100,000 for fiscal year 1982, and

$341,400,000 for fiscal year 1983, and inserted provisions

authorizing appropriations of $360,800,000 for fiscal year 1985,

$376,500,000 for fiscal year 1986, and $395,000,000 for fiscal year

1987.

Subsec. (b)(2). Pub. L. 98-459, Sec. 303(b)(2), struck out

provisions authorizing appropriations of $80,000,000 for fiscal

year 1979, $100,000,000 for fiscal year 1980, $120,000,000 for

fiscal year 1981, $60,000,000 for fiscal year 1982, and $64,200,000

for fiscal year 1983, and inserted provisions authorizing

appropriations of $69,100,000 for fiscal year 1985, $72,000,000 for

fiscal year 1986, and $75,600,000 for fiscal year 1987.

Subsec. (c)(2). Pub. L. 98-459, Sec. 303(c), substituted "legal

assistance" for "legal services".

1981 - Subsec. (a). Pub. L. 97-115, Sec. 3(c)(1), inserted

provisions authorizing appropriations of $306,000,000 for fiscal

year 1982, $327,400,000 for fiscal year 1983, and $350,300,000 for

fiscal year 1984, and substituted "(relating to supportive services

and senior centers)" for "(relating to social services)".

Subsec. (b)(1). Pub. L. 97-115, Sec. 3(c)(2), inserted provisions

authorizing appropriations of $319,100,000 for fiscal year 1982,

$341,400,000 for fiscal year 1983, and $365,300,000 for fiscal year

1984.

Subsec. (b)(2). Pub. L. 97-115, Sec. 3(c)(3), inserted provisions

authorizing appropriations of $60,000,000 for fiscal year 1982,

$64,200,000 for fiscal year 1983, and $68,700,000 for fiscal year

1984.

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

"supportive services" for "social services".

EFFECTIVE DATE OF 1992 AMENDMENTS

Amendment by sections 303(a)(2), (3) and 708(c)(3) of Pub. L.

103-171 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 sections 303(a)(2), (3), (f), 316(b), and 708(c)(3)

of Pub. L. 102-375 inapplicable with respect to fiscal year 1992,

see section 905(b)(2), (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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3024, 3028, 3030s-1, 4728

of this title.

-FOOTNOTE-

(!1) So in original. Probably should be "subsection (d)".

-End-

-CITE-

42 USC Sec. 3024 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. 3024. Allotment to States

-STATUTE-

(a) In general

(1) From the sums appropriated under subsections (a) through (d)

of section 3023 of this title for each fiscal year, each State

shall be allotted an amount which bears the same ratio to such sums

as the population of older individuals in such State bears to the

population of older individuals in all States.

(2) 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 paragraph (1) and then proportionately adjust

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

(3).

(3)(A) No State shall be allotted less than 1/2 of 1 percent of

the sum appropriated for the fiscal year for which the

determination is made.

(B) Guam and the United States Virgin Islands shall each be

allotted not less than 1/4 of 1 percent of the sum appropriated

for the fiscal year for which the determination is made.

Islands shall each be allotted not less than 1/16 of 1 percent of

the sum appropriated for the fiscal year for which the

determination is made. For the purposes of the exception contained

in subparagraph (A) only, the term "State" does not include Guam,

American Samoa, the United States Virgin Islands, and the

Commonwealth of the Northern Mariana Islands.

(D) No State shall be allotted less than the total amount

allotted to the State for fiscal year 2000 and no State shall

receive a percentage increase above the fiscal year 2000 allotment

that is less than 20 percent of the percentage increase above the

fiscal year 2000 allotments for all of the States.

(4) The number of individuals aged 60 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.

(5) State allotments for a fiscal year under this section shall

be proportionally reduced to the extent that appropriations may be

insufficient to provide the full allotments of the prior year.

(b) Unused funds

Whenever the Assistant Secretary determines that any amount

allotted to a State under part B or C of this subchapter, or

subpart I of part E of this subchapter, for a fiscal year under

this section will not be used by such State for carrying out the

purpose for which the allotment was made, the Assistant Secretary

shall make such allotment available for carrying out such purpose

to one or more other States to the extent the Assistant Secretary

determines that such other States will be able to use such

additional amount for carrying out such purpose. Any amount made

available to a State from an appropriation for a fiscal year in

accordance with the preceding sentence shall, for purposes of this

subchapter, be regarded as part of such State's allotment (as

determined under subsection (a) of this section) for such year, but

shall remain available until the end of the succeeding fiscal year.

If the Assistant Secretary finds that any State has failed to

qualify under the State plan requirements of section 3027 of this

title or the Assistant Secretary does not approve the funding

formula required under section 3025(a)(2)(C) of this title, the

Assistant Secretary shall withhold the allotment of funds to such

State referred to in subsection (a) of this section. The Assistant

Secretary shall disburse the funds so withheld directly to any

public or private nonprofit institution or organization, agency, or

political subdivision of such State submitting an approved plan

under section 3027 of this title, which includes an agreement that

any such payment shall be matched in the proportion determined

under subsection (d)(1)(D) of this section for such State, by funds

or in-kind resources from non-Federal sources.

(d) Costs of administration, ombudsman program, demonstration

projects, supportive services, senior centers and nutrition

services; payment and determination of non-Federal share

(1) From any State's allotment, after the application of section

3028(b) of this title, under this section for any fiscal year -

(A) such amount as the State agency determines, but not more

than 10 percent thereof, shall be available for paying such

percentage as the agency determines, but not more than 75

percent, of the cost of administration of area plans;

(B) such amount (excluding any amount attributable to funds

appropriated under section 3023(a)(3) of this title) as the State

agency determines to be adequate for conducting an effective

ombudsman program under section 3027(a)(9) of this title shall be

available for conducting such program;

amount allotted to the State for carrying out part B of this

subchapter, shall be available for conducting outreach

demonstration projects under section 3058e of this title; and

(D) the remainder of such allotment shall be available to such

State only for paying such percentage as the State agency

determines, but not more than 85 percent of the cost of

supportive services, senior centers, and nutrition services under

this subchapter provided in the State as part of a comprehensive

and coordinated system in planning and service areas for which

there is an area plan approved by the State agency.

(2) The non-Federal share shall be in cash or in kind. In

determining the amount of the non-Federal share, the Assistant

Secretary may attribute fair market value to services and

facilities contributed from non-Federal sources.

-SOURCE-

(Pub. L. 89-73, title III, Sec. 304, as added Pub. L. 95-478, title

I, Sec. 103(b), Oct. 18, 1978, 92 Stat. 1519; amended Pub. L.

97-115, Sec. 4, Dec. 29, 1981, 95 Stat. 1597; Pub. L. 98-459, title

III, Sec. 304, Oct. 9, 1984, 98 Stat. 1772; Pub. L. 100-175, title

I, Secs. 123, 155(c), (d), 182(f), Nov. 29, 1987, 101 Stat. 933,

952, 965; Pub. L. 102-375, title III, Sec. 304, title IX, Sec.

904(a)(10), Sept. 30, 1992, 106 Stat. 1221, 1306; Pub. L. 103-171,

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

III, Sec. 303, title VIII, Sec. 801(c)(2), Nov. 13, 2000, 114 Stat.

2239, 2292.)

-MISC1-

PRIOR PROVISIONS

A prior section 3024, Pub. L. 89-73, title III, Sec. 304, as

added Pub. L. 93-29, title III, Sec. 301, May 3, 1973, 87 Stat. 38;

Pub. L. 94-135, title I, Secs. 105, 106(c), Nov. 28, 1975, 89 Stat.

715, 716, related to designation of state and area agencies, area

plan provisions, and transportation services and funds, prior to

the general amendment of this subchapter by Pub. L. 95-478. See

sections 3025 and 3026 of this title.

Another prior section 3024, Pub. L. 89-73, title III, Sec. 304,

July 14, 1965, 79 Stat. 223; Pub. L. 90-42, Sec. 3, July 1, 1967,

81 Stat. 107; Pub. L. 91-69, Sec. 4(b), Sept. 17, 1969, 83 Stat.

108, related to planning, coordination, and evaluation and

administration of State plans, providing in: subsec. (a)

authorization of appropriations, amount of payment, and

availability of unexpended funds; subsec. (b) amount of allotment,

determination of additional amount, adjustments, minimum amount,

and availability of unexpended amount; subsec. (c) reallotment to

other States; and subsec. (d) minimum State expenditure of funds,

prior to repeal by Pub. L. 93-29, title III, Sec. 301, May 3, 1973,

87 Stat. 36.

Provisions similar to those comprising this section were

contained in Pub. L. 89-73, title III, Sec. 303, as added Pub. L.

93-29, title III, Sec. 301, May 3, 1973, 87 Stat. 37; Pub. L.

94-135, title I, Secs. 104(a), (c), (d), 112(b), 114(d), Nov. 28,

1975, 89 Stat. 714, 715, 719, 725, which was classified to section

3023 of this title prior to repeal by Pub. L. 95-478.

A prior section 3024a, Pub. L. 89-73, title III, Sec. 305, as

added Pub. L. 91-69, Sec. 5, Sept. 17, 1969, 83 Stat. 110, related

to areawide model projects, grants to or contracts with State

agencies, amount, purposes of projects, and authorization of

appropriations, prior to repeal by Pub. L. 93-29, title III, Sec.

301, May 3, 1973, 87 Stat. 36.

AMENDMENTS

2000 - Subsec. (a). Pub. L. 106-501, Sec. 303(a), added subsec.

(a) and struck out former subsec. (a) which read as follows:

"(a)(1) Subject to paragraphs (2) and (3), from the sums

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

each State shall be allotted an amount which bears the same ratio

to such sums as the population of older individuals in such State

bears to the population of older individuals in all States, except

that (A) no State shall be allotted less than one-half of 1 percent

of the sum appropriated for the fiscal year for which the

determination is made; (B) 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 sum

appropriated for the fiscal year for which the determination is

made; and (C) 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 for the fiscal year for which

the determination is made. For the purposes of paragraph (3) and

the exception contained in subparagraph (A) only, 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.

"(2) No State shall be allotted less than the total amount

allotted to the State under paragraph (1) of this subsection and

section 3028 of this title for fiscal year 1987.

"(3) No State shall be allotted, from the amount appropriated

under section 3023(g) of this title, less than $50,000 for any

fiscal year.

"(4) The number of individuals aged 60 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."

Subsec. (b). Pub. L. 106-501, Sec. 303(b), substituted "part B or

C of this subchapter, or subpart I of part E of this subchapter,"

for "part B or C of this subchapter" in first sentence.

Subsec. (d)(1)(B). Pub. L. 106-501, Sec. 801(c)(2)(A),

substituted "3027(a)(9)" for "3027(a)(12)".

Subsec. (e). Pub. L. 106-501, Sec. 801(c)(2)(B), struck out

subsec. (e) which read as follows: "Grants made from allotments

received under this subchapter may be used for paying for the costs

of providing for an area volunteer services coordinator (as

described in section 3026(a)(12) of this title) or a State

volunteer services coordinator (as described in section 3027(a)(31)

of this title)."

1993 - Subsecs. (a)(4), (b), (c), (d)(2). Pub. L. 103-171

substituted "Assistant Secretary" for "Commissioner" wherever

appearing.

1992 - Subsec. (a)(1). Pub. L. 102-375, Sec. 904(a)(10),

substituted "of older individuals" for "aged 60 or older" in two

places, "United States Virgin Islands" for "Virgin Islands" in two

places, and "contained in subparagraph (A)" for "contained in

clause (A)".

Subsec. (a)(2). Pub. L. 102-375, Sec. 304(a)(1), substituted

"1987" for "1984".

Subsec. (a)(3). Pub. L. 102-375, Sec. 304(a)(2), amended par. (3)

generally. Prior to amendment, par. (3) read as follows: "No State

shall be allotted, from the amount appropriated pursuant to section

3023(a)(3) of this title, less than $50,000 for any fiscal year."

Subsec. (a)(4). Pub. L. 102-375, Sec. 304(a)(3), substituted

"data available from the Bureau of the Census, and other reliable

demographic data satisfactory" for "satisfactory data available".

Subsec. (c). Pub. L. 102-375, Sec. 304(b), inserted "or the

Commissioner does not approve the funding formula required under

section 3025(a)(2)(C) of this title" after "requirements of section

3027 of this title".

Subsec. (d)(1)(C). Pub. L. 102-375, Sec. 304(c), amended subpar.

"after September 30, 1986, such amount (excluding any amount

attributable to funds appropriated under section 3023(a)(3) of this

title) as the State agency determines to be adequate, but not more

than 1 percent, for conducting effective demonstration projects in

health and nutrition education under section 3027(f) of this title

shall be available for conducting such projects; and".

Subsec. (e). Pub. L. 102-375, Sec. 304(d), added subsec. (e).

1987 - Subsec. (a)(1). Pub. L. 100-175, Sec. 155(c)(1),

substituted "paragraphs (2) and (3)" for "paragraph (2)" and

"purposes of paragraph (3) and" for "purpose of".

Subsec. (a)(3), (4). Pub. L. 100-175, Sec. 155(c)(2), added par.

(3) and redesignated former par. (3) as (4).

Subsec. (d)(1). Pub. L. 100-175, Sec. 182(f), inserted a comma

after "section 3028(b) of this title".

Subsec. (d)(1)(A). Pub. L. 100-175, Sec. 123, substituted "10

percent" for "8.5 percent".

Subsec. (d)(1)(B), (C). Pub. L. 100-175, Sec. 155(d), inserted

"(excluding any amount attributable to funds appropriated under

section 3023(a)(3) of this title)" after "amount".

1984 - Subsec. (a)(1). Pub. L. 98-459, Sec. 304(a)(1)-(5),

substituted "Subject to paragraph (2), from" for "From",

substituted "under section 3023 of this title" for "under parts B

and C", substituted "Commonwealth of the Northern Mariana Islands"

for "Northern Mariana Islands" in two places, substituted "and (C)"

for "(C)", and struck out "; and (D) no State shall be allotted an

amount less than the State received for fiscal year 1978".

Subsec. (a)(2), (3). Pub. L. 98-459, Sec. 304(a)(6)-(8), added

par. (2), redesignated former par. (2) as (3), and substituted

"available to the Commissioner" for "available to him".

Subsec. (b). Pub. L. 98-459, Sec. 304(b), substituted "the

Commissioner shall make" for "he shall make" and "to the extent the

Commissioner determines" for "to the extent he determines".

Subsec. (c). Pub. L. 98-459, Sec. 304(c), substituted "subsection

(d)(1)(D) of this section" for "subsection (d)(1)(B) of this

section" and "or in-kind resources" for "for in-kind resources".

Subsec. (d)(1). Pub. L. 98-459, Sec. 304(d), inserted ", after

the application of section 3028(b) of this title" in provisions

before par. (1), added subpar. (C), and redesignated former subpar.

1981 - Subsec. (a)(1). Pub. L. 97-115, Sec. 4(a), substituted

"under parts B and C for each fiscal year" for "under parts B and C

for fiscal years 1979, 1980, and 1981".

Subsec. (d)(1)(B). Pub. L. 97-115, Sec. 4(c)(3), added subpar.

(B). Former subpar. (B) redesignated (C).

Subsec. (d)(1)(C). Pub. L. 97-115, Sec. 4(b), (c)(2),

redesignated subpar. (B) as (C) and substituted "85 percent of the

cost of supportive services, senior centers, and nutrition services

under this subchapter" for "90 percent in fiscal years 1979 and

1980, and 85 percent in fiscal year 1981, of the cost of social

services and nutrition services authorized under parts B and C".

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by section 304 (excluding pars. (1) and (2) of subsec.

(a)) 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 304 of Pub. L. 102-375 inapplicable with

respect to fiscal year 1992, see section 905(b)(2) 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3021, 3027, 3028, 3029,

3030c-3, 3030s-1, 3058b, 3058e of this title.

-End-

-CITE-

42 USC Sec. 3025 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. 3025. Designation of State agencies

-STATUTE-

(a) Duties of designated agency

In order for a State to be eligible to participate in programs of

grants to States from allotments under this subchapter -

(1) the State shall, in accordance with regulations of the

Assistant Secretary, designate a State agency as the sole State

agency to -

(A) develop a State plan to be submitted to the Assistant

Secretary for approval under section 3027 of this title;

(B) administer the State plan within such State;

development, administration, coordination, priority setting,

and evaluation of all State activities related to the

objectives of this chapter;

(D) serve as an effective and visible advocate for older

individuals by reviewing and commenting upon all State plans,

budgets, and policies which affect older individuals and

providing technical assistance to any agency, organization,

association, or individual representing the needs of older

individuals; and

(E) divide the State into distinct planning and service areas

(or in the case of a State specified in subsection (b)(5)(A) of

this section, designate the entire State as a single planning

and service area), in accordance with guidelines issued by the

Assistant Secretary, after considering the geographical

distribution of older individuals in the State, the incidence

of the need for supportive services, nutrition services,

multipurpose senior centers, and legal assistance, the

distribution of older individuals who have greatest economic

need (with particular attention to low-income minority

individuals and older individuals residing in rural areas)

residing in such areas, the distribution of older individuals

who have greatest social need (with particular attention to

low-income minority individuals and older individuals residing

in rural areas) residing in such areas, the distribution of

older individuals who are Indians residing in such areas, the

distribution of resources available to provide such services or

centers, the boundaries of existing areas within the State

which were drawn for the planning or administration of

supportive services programs, the location of units of general

purpose local government within the State, and any other

relevant factors; and

(2) the State agency shall -

(A) except as provided in subsection (b)(5) of this section,

designate for each such area after consideration of the views

offered by the unit or units of general purpose local

government in such area, a public or private nonprofit agency

or organization as the area agency on aging for such area;

(B) provide assurances, satisfactory to the Assistant

Secretary, that the State agency will take into account, in

connection with matters of general policy arising in the

development and administration of the State plan for any fiscal

year, the views of recipients of supportive services or

nutrition services, or individuals using multipurpose senior

centers provided under such plan;

guidelines issued by the Assistant Secretary, and using the

best available data, develop and publish for review and comment

a formula for distribution within the State of funds received

under this subchapter that takes into account -

(i) the geographical distribution of older individuals in

the State; and

(ii) the distribution among planning and service areas of

older individuals with greatest economic need and older

individuals with greatest social need, with particular

attention to low-income minority older individuals;

(D) submit its formula developed under subparagraph (C) to

the Assistant Secretary for approval;

(E) provide assurances that preference will be given to

providing services to older individuals with greatest economic

need and older individuals with greatest social need, with

particular attention to low-income minority individuals and

older individuals residing in rural areas, and include proposed

methods of carrying out the preference in the State plan;

(F) provide assurances that the State agency will require use

of outreach efforts described in section 3027(a)(16) of this

title; and

(G)(i) set specific objectives, in consultation with area

agencies on aging, for each planning and service area for

providing services funded under this subchapter to low-income

minority older individuals and older individuals residing in

rural areas;

(ii) provide an assurance that the State agency will

undertake specific program development, advocacy, and outreach

efforts focused on the needs of low-income minority older

individuals and older individuals residing in rural areas; and

(iii) provide a description of the efforts described in

clause (ii) that will be undertaken by the State agency.

(b) Planning and service area designated; Indian reservations;

redesignation; adjustment of State allotment; review by Assistant

Secretary; additional planning and service areas; right to first

refusal to units of local government; procedures and review of

boundaries

(1) In carrying out the requirement of subsection (a)(1) of this

section, the State may designate as a planning and service area any

unit of general purpose local government which has a population of

100,000 or more. In any case in which a unit of general purpose

local government makes application to the State agency under the

preceding sentence to be designated as a planning and service area,

the State agency shall, upon request, provide an opportunity for a

hearing to such unit of general purpose local government. A State

may designate as a planning and service area under subsection

(a)(1) of this section, any region within the State recognized for

purposes of areawide planning which includes one or more such units

of general purpose local government when the State determines that

the designation of such a regional planning and service area is

necessary for, and will enhance, the effective administration of

the programs authorized by this subchapter. The State may include

in any planning and service area designated under subsection (a)(1)

of this section such additional areas adjacent to the unit of

general purpose local government or regions so designated as the

State determines to be necessary for, and will enhance the

effective administration of the programs authorized by this

subchapter.

(2) The State is encouraged in carrying out the requirement of

subsection (a)(1) of this section to include the area covered by

the appropriate economic development district involved in any

planning and service area designated under subsection (a)(1) of

this section, and to include all portions of an Indian reservation

within a single planning and service area, if feasible.

(3) The chief executive officer of each State in which a planning

and service area crosses State boundaries, or in which an

interstate Indian reservation is located, may apply to the

Assistant Secretary to request redesignation as an interstate

planning and service area comprising the entire metropolitan area

or Indian reservation. If the Assistant Secretary approves such an

application, the Assistant Secretary shall adjust the State

allotments of the areas within the planning and service area in

which the interstate planning and service area is established to

reflect the number of older individuals within the area who will be

served by an interstate planning and service area not within the

State.

(4) Whenever a unit of general purpose local government, a

region, a metropolitan area or an Indian reservation is denied

designation under the provisions of subsection (a)(1) of this

section, such unit of general purpose local government, region,

metropolitan area, or Indian reservation may appeal the decision of

the State agency to the Assistant Secretary. The Assistant

Secretary shall afford such unit, region, metropolitan area, or

Indian reservation an opportunity for a hearing. In carrying out

the provisions of this paragraph, the Assistant Secretary may

approve the decision of the State agency, disapprove the decision

of the State agency and require the State agency to designate the

unit, region, area, or Indian reservation appealing the decision as

a planning and service area, or take such other action as the

Assistant Secretary deems appropriate.

(5)(A) A State which on or before October 1, 1980, had

designated, with the approval of the Assistant Secretary, a single

planning and service area covering all of the older individuals in

the State, in which the State agency was administering the area

plan, may after that date designate one or more additional planning

and service areas within the State to be administered by public or

private nonprofit agencies or organizations as area agencies on

aging, after considering the factors specified in subsection

(a)(1)(E) of this section. The State agency shall continue to

perform the functions of an area agency on aging for any area of

the State not included in a planning and service area for which an

area agency on aging has been designated.

(B) Whenever a State agency designates a new area agency on aging

after October 9, 1984, the State agency shall give the right to

first refusal to a unit of general purpose local government if (i)

such unit can meet the requirements of subsection (c) of this

section, and (ii) the boundaries of such a unit and the boundaries

of the area are reasonably contiguous.

(C)(i) A State agency shall establish and follow appropriate

procedures to provide due process to affected parties, if the State

agency initiates an action or proceeding to -

(I) revoke the designation of the area agency on aging under

subsection (a) of this section;

(II) designate an additional planning and service area in a

State;

(III) divide the State into different planning and services

(!1) areas; or

(IV) otherwise affect the boundaries of the planning and

service areas in the State.

(ii) The procedures described in clause (i) shall include

procedures for -

(I) providing notice of an action or proceeding described in

clause (i);

(II) documenting the need for the action or proceeding;

(III) conducting a public hearing for the action or proceeding;

(IV) involving area agencies on aging, service providers, and

older individuals in the action or proceeding; and

(V) allowing an appeal of the decision of the State agency in

the action or proceeding to the Assistant Secretary.

(iii) An adversely affected party involved in an action or

proceeding described in clause (i) may bring an appeal described in

clause (ii)(V) on the basis of -

(I) the facts and merits of the matter that is the subject of

the action or proceeding; or

(II) procedural grounds.

(iv) In deciding an appeal described in clause (ii)(V), the

Assistant Secretary may affirm or set aside the decision of the

State agency. If the Assistant Secretary sets aside the decision,

and the State agency has taken an action described in subclauses

(I) through (III) of clause (i), the State agency shall nullify the

action.

area agency on aging designees

An area agency on aging designated under subsection (a) of this

section shall be -

(1) an established office of aging which is operating within a

planning and service area designated under subsection (a) of this

section;

(2) any office or agency of a unit of general purpose local

government, which is designated to function only for the purpose

of serving as an area agency on aging by the chief elected

official of such unit;

(3) any office or agency designated by the appropriate chief

elected officials of any combination of units of general purpose

local government to act only on behalf of such combination for

such purpose;

(4) any public or nonprofit private agency in a planning and

service area, or any separate organizational unit within such

agency, which is under the supervision or direction for this

purpose of the designated State agency and which can and will

engage only in the planning or provision of a broad range of

supportive services, or nutrition services within such planning

and service area; or

(5) in the case of a State specified in subsection (b)(5) of

this section, the State agency;

and shall provide assurance, determined adequate by the State

agency, that the area agency on aging will have the ability to

develop an area plan and to carry out, directly or through

contractual or other arrangements, a program in accordance with the

plan within the planning and service area. In designating an area

agency on aging within the planning and service area or within any

unit of general purpose local government designated as a planning

and service area the State shall give preference to an established

office on aging, unless the State agency finds that no such office

within the planning and service area will have the capacity to

carry out the area plan.

(d) Publication for review and comment; contents

The publication for review and comment required by paragraph

(2)(C) of subsection (a) of this section shall include -

(1) a descriptive statement of the formula's assumptions and

goals, and the application of the definitions of greatest

economic or social need,

(2) a numerical statement of the actual funding formula to be

used,

(3) a listing of the population, economic, and social data to

be used for each planning and service area in the State, and

(4) a demonstration of the allocation of funds, pursuant to the

funding formula, to each planning and service area in the State.

-SOURCE-

(Pub. L. 89-73, title III, Sec. 305, as added Pub. L. 95-478, title

I, Sec. 103(b), Oct. 18, 1978, 92 Stat. 1520; amended Pub. L.

97-115, Secs. 3(d), 5, Dec. 29, 1981, 95 Stat. 1597; Pub. L.

98-459, title III, Sec. 305, Oct. 9, 1984, 98 Stat. 1773; Pub. L.

100-175, title I, Secs. 124, 132(a), 134(a)(1), 182(e)(2), (g),

(h), Nov. 29, 1987, 101 Stat. 933, 939, 940, 965; Pub. L. 100-628,

title VII, Sec. 705(4), Nov. 7, 1988, 102 Stat. 3247; Pub. L.

102-375, title I, Sec. 102(b)(9)(B), (10)(B)-(D), title III, Sec.

305, title IX, Sec. 904(a)(11), Sept. 30, 1992, 106 Stat. 1201,

1202, 1222, 1306; Pub. L. 103-171, Secs. 2(8), 3(a)(13), Dec. 2,

1993, 107 Stat. 1988, 1990; Pub. L. 106-501, title III, Sec. 304,

title VIII, Sec. 801(c)(3), Nov. 13, 2000, 114 Stat. 2239, 2292.)

-MISC1-

PRIOR PROVISIONS

A prior section 3025, Pub. L. 89-73, title III, Sec. 305, as

added Pub. L. 93-29, title III, Sec. 301, May 3, 1973, 87 Stat. 41;

Pub. L. 94-135, title I, Secs. 106(a), (b), 114(e), Nov. 28, 1975,

89 Stat. 715, 725, related to State plans, prior to the general

amendment of this subchapter by Pub. L. 95-478. See section 3027 of

this title.

Another prior section 3025, Pub. L. 89-73, title III, Sec. 306,

formerly Sec. 305, July 14, 1965, 79 Stat. 224; renumbered Sec.

306, Pub. L. 91-69, Sec. 5, Sept. 17, 1969, 83 Stat. 110, related

to payments of grants for State and community programs on aging,

adjustments, advances or reimbursement, and installments, prior to

repeal by Pub. L. 93-29, title III, Sec. 301, May 3, 1973, 87 Stat.

36.

Provisions similar to those comprising this section were

contained in Pub. L. 89-73, title III, Sec. 304, as added Pub. L.

93-29, title III, Sec. 301, May 3, 1973, 87 Stat. 38; Pub. L.

94-135, title I, Secs. 105, 106(c), Nov. 28, 1975, 89 Stat. 715,

716, which was classified to section 3024 of this title prior to

repeal by Pub. L. 95-478.

AMENDMENTS

2000 - Subsec. (a)(1)(E). Pub. L. 106-501, Sec. 304(1), inserted

"and older individuals residing in rural areas" after "low-income

minority individuals" in two places.

Subsec. (a)(2)(E). Pub. L. 106-501, Sec. 304(2)(A), struck out

comma and inserted "and older individuals residing in rural areas,"

after "low-income minority individuals".

Subsec. (a)(2)(F). Pub. L. 106-501, Sec. 801(c)(3), substituted

"3027(a)(16)" for "3027(a)(24)".

Subsec. (a)(2)(G)(i). Pub. L. 106-501, Sec. 304(2)(B), inserted

"and older individuals residing in rural areas" after "low-income

minority older individuals".

Subsec. (a)(2)(G)(ii). Pub. L. 106-501, Sec. 304(2)(C), which

directed the insertion of "and older individuals residing in rural

areas" after "low-income minority individuals", was executed by

making the insertion after "low-income minority older individuals",

to reflect the probable intent of Congress.

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

"Assistant Secretary" for "Commissioner" wherever appearing.

Subsec. (b)(1). Pub. L. 103-171, Sec. 2(8), substituted "area

under subsection (a)(1) of this section" for "area under clause (1)

of subsection (a) of this section" and "designated under subsection

(a)(1) of this section" for "designated under clause (1) of

subsection (a) of this section".

Subsec. (b)(2). Pub. L. 103-171, Sec. 2(8), substituted

"requirement of subsection (a)(1) of this section" for "requirement

of clause (1) of subsection (a) of this section".

Subsec. (b)(3) to (5). Pub. L. 103-171, Sec. 3(a)(13),

substituted "Assistant Secretary" for "Commissioner" wherever

appearing.

1992 - Subsec. (a)(1)(C). Pub. L. 102-375, Sec. 305(a)(1),

amended subpar. (C) generally. Prior to amendment, subpar. (C) read

as follows: "be primarily responsible for the coordination of all

State activities related to the purposes of this chapter;".

Subsec. (a)(1)(D). Pub. L. 102-375, Sec. 904(a)(11)(A)(i)(I),

substituted "older individuals" for "the elderly" wherever

appearing.

Subsec. (a)(1)(E). Pub. L. 102-375, Sec. 904(a)(11)(A)(i)(II),

(III), inserted "individuals who are" before "Indians" and

substituted "older individuals" for "individuals aged 60 and

older".

Subsec. (a)(2). Pub. L. 102-375, Sec. 904(a)(11)(A)(ii)(I), which

directed the substitution of "subparagraph" for "clause", could not

be executed because of the intervening amendment by Pub. L.

102-375, Sec. 102(b)(9)(B). See below.

Pub. L. 102-375, Sec. 102(b)(9)(B), struck out "designated under

clause (1)" after "agency" in introductory provisions.

Subsec. (a)(2)(C). Pub. L. 102-375, Sec. 305(a)(2), amended

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

follows: "develop a formula, in accordance with guidelines issued

by the Commissioner, for the distribution within the State of funds

received under this subchapter, taking into account, to the maximum

extent feasible, the best available statistics on the geographical

distribution of individuals aged 60 and older in the State, and

publish such formula for review and comment in accordance with

subsection (d) of this section;".

Subsec. (a)(2)(D). Pub. L. 102-375, Sec. 904(a)(11)(A)(ii)(II),

substituted "subparagraph" for "subclause".

Pub. L. 102-375, Sec. 305(a)(2)(B), substituted "for approval"

for "for review and comment".

Subsec. (a)(2)(E). Pub. L. 102-375, Sec. 904(a)(11)(A)(ii)(III),

substituted "greatest economic need and older individuals with

greatest social need" for "the greatest economic or social needs".

Pub. L. 102-375, Sec. 305(a)(2)(C), struck out "and" at end.

Subsec. (a)(2)(F). Pub. L. 102-375, Sec. 305(a)(2)(D), amended

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

follows: "assure the use of outreach efforts that will identify

individuals eligible for assistance under this chapter, with

special emphasis on older individuals with the greatest economic or

social needs (with particular attention to low-income minority

individuals) and inform such individuals of the availability of

such assistance."

Subsec. (a)(2)(G). Pub. L. 102-375, Sec. 305(a)(2)(E), added

subpar. (G).

Subsec. (b)(1). Pub. L. 102-375, Sec. 904(a)(11)(B)(i),

substituted "requirement of subsection (a)(1) of this section" for

"requirement of clause (1) of subsection (a) of this section".

Subsec. (b)(2). Pub. L. 102-375, Sec. 904(a)(11)(B)(ii),

substituted "designated under subsection (a)(1) of this section"

for "designated under such clause".

Subsec. (b)(4). Pub. L. 102-375, Sec. 904(a)(11)(B)(i),

substituted "subsection (a)(1) of this section" for "clause (1) of

subsection (a) of this section".

Subsec. (b)(5)(A). Pub. L. 102-375, Sec. 102(b)(10)(B),

substituted "area agency on aging" for "area agency" in two places.

Subsec. (b)(5)(C). Pub. L. 102-375, Sec. 305(b), added subpar.

(C).

Subsec. (c). Pub. L. 102-375, Sec. 102(b)(10)(D), substituted

"area agency on aging" for "area agency" in concluding provisions

of first sentence.

Subsec. (c)(2). Pub. L. 102-375, Sec. 102(b)(10)(C), substituted

"area agency on aging" for "area agency".

Subsec. (d). Pub. L. 102-375, Sec. 904(a)(11)(C), substituted

"paragraph" for "clause" in introductory provisions.

1988 - Subsec. (a)(1)(E). Pub. L. 100-628, Sec. 705(4)(A),

substituted "such areas," for "such areas,," before "distribution

of resources".

Subsec. (d). Pub. L. 100-628, Sec. 705(4)(B), redesignated

subpars. (A), (B), (C), and (D) as pars. (1), (2), (3), and (4),

respectively.

1987 - Subsec. (a)(1)(E). Pub. L. 100-175, Secs. 132(a)(1),

134(a)(1), 182(g), substituted "the distribution of older

individuals who have greatest economic need (with particular

attention to low-income minority individuals) residing in such

areas, the distribution of older individuals who have greatest

social need (with particular attention to low-income minority

individuals) residing in such areas," for "the distribution of

older individuals who have low incomes residing in such areas",

inserted "the distribution of older Indians residing in such

areas," after second reference to "such areas,", and substituted

"legal assistance" for "legal services".

Subsec. (a)(2)(C). Pub. L. 100-175, Sec. 182(h), inserted "in

accordance with subsection (d) of this section" before semicolon at

end.

Subsec. (a)(2)(F). Pub. L. 100-175, Sec. 132(a)(2), added subpar.

(F).

Subsec. (c)(2). Pub. L. 100-175, Sec. 124(1), inserted "to

function only" after "designated".

Subsec. (c)(3). Pub. L. 100-175, Sec. 124(2), inserted "only"

after "to act".

Subsec. (c)(4). Pub. L. 100-175, Sec. 124(3), inserted ", or any

separate organizational unit within such agency," after first

reference to "area" and substituted "and will engage only" for

"engage".

Subsec. (d). Pub. L. 100-175, Sec. 182(e)(2), struck out par. (1)

designation before "The publication for review" and struck out par.

(2) which read as follows: "For purposes of clause (2)(E) of

subsection (a) of this section and paragraph (1) of this

subsection, the term 'greatest economic need' means the need

resulting from an income level at or below the poverty threshold

established by the Bureau of the Census, and the term 'greatest

social need' means the need caused by noneconomic factors which

include physical and mental disabilities, language barriers, and

cultural or social isolation including that caused by racial or

ethnic status which restricts an individual's ability to perform

normal daily tasks or which threatens his or her capacity to live

independently."

1984 - Subsec. (a)(1)(E). Pub. L. 98-459, Sec. 305(a)(1),

substituted "subsection (b)(5)(A) of this section" for "subsection

(b)(5) of this section".

Subsec. (a)(2)(E). Pub. L. 98-459, Sec. 305(a)(2), inserted ",

with particular attention to low-income minority individuals,".

Subsec. (b)(3). Pub. L. 98-459, Sec. 305(b)(1), substituted "the

Commissioner shall adjust" for "he shall adjust".

Subsec. (b)(5). Pub. L. 98-459, Sec. 305(b), designated existing

provisions as subpar. (A) and added subpar. (B).

Subsec. (d). Pub. L. 98-459, Sec. 305(c), added subsec. (d).

1981 - Subsec. (a)(1)(E). Pub. L. 97-115, Secs. 3(d), 5(a),

substituted "divide the State into distinct planning and service

areas (or in the case of a State specified in subsection (b)(5) of

this section, designate the entire State as a single planning and

service area)" for "divide the State into distinct areas" and

"supportive services" for "social services" in two places.

Subsec. (a)(2)(A). Pub. L. 97-115, Sec. 5(b), substituted "except

as provided in subsection (b)(5) of this section, designate for

each such area" for "determine for which planning and service area

an area plan will be developed, in accordance with section 3026 of

this title, and for each such area designate,".

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

"supportive services" for "social services".

Subsec. (b)(5). Pub. L. 97-115, Sec. 5(c), added par. (5).

Subsec. (c)(4). Pub. L. 97-115, Sec. 3(d), substituted

"supportive services" for "social services".

Subsec. (c)(5). Pub. L. 97-115, Sec. 5(d), added par. (5).

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by section 305 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 305 of Pub. L. 102-375 inapplicable with

respect to fiscal year 1992, see section 905(b)(2) 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3002, 3012, 3023, 3024,

3026, 3027, 3028, 3030c-3, 3058c, 5001, 11261, 11292 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be "service".

-End-

-CITE-

42 USC Sec. 3026 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. 3026. Area plans

-STATUTE-

(a) Preparation and development by area agency on aging;

requirements

Each area agency on aging designated under section 3025(a)(2)(A)

of this title shall, in order to be approved by the State agency,

prepare and develop an area plan for a planning and service area

for a two-, three-, or four-year period determined by the State

agency, with such annual adjustments as may be necessary. Each such

plan shall be based upon a uniform format for area plans within the

State prepared in accordance with section 3027(a)(1) of this title.

Each such plan shall -

(1) provide, through a comprehensive and coordinated system,

for supportive services, nutrition services, and, where

appropriate, for the establishment, maintenance, or construction

of multipurpose senior centers, within the planning and service

area covered by the plan, including determining the extent of

need for supportive services, nutrition services, and

multipurpose senior centers in such area (taking into

consideration, among other things, the number of older

individuals with low incomes residing in such area, the number of

older individuals who have greatest economic need (with

particular attention to low-income minority individuals and older

individuals residing in rural areas) residing in such area, the

number of older individuals who have greatest social need (with

particular attention to low-income minority individuals and older

individuals residing in rural areas) residing in such area, and

the number of older individuals who are Indians residing in such

area, and the efforts of voluntary organizations in the

community), evaluating the effectiveness of the use of resources

in meeting such need, and entering into agreements with providers

of supportive services, nutrition services, or multipurpose

senior centers in such area, for the provision of such services

or centers to meet such need;

(2) provide assurances that an adequate proportion, as required

under section 3027(a)(2) of this title, of the amount allotted

for part B of this subchapter to the planning and service area

will be expended for the delivery of each of the following

categories of services -

(A) services associated with access to services

(transportation, outreach, information and assistance, and case

management services);

(B) in-home services, including supportive services for

families of older individuals who are victims of Alzheimer's

disease and related disorders with neurological and organic

brain dysfunction); (!1) and

and assurances that the area agency on aging will report annually

to the State agency in detail the amount of funds expended for

each such category during the fiscal year most recently

concluded;

(3)(A) designate, where feasible, a focal point for

comprehensive service delivery in each community, giving special

consideration to designating multipurpose senior centers

(including multipurpose senior centers operated by organizations

referred to in paragraph (6)(C)) as such focal point; and

(B) specify, in grants, contracts, and agreements implementing

the plan, the identity of each focal point so designated;

(4)(A)(i) provide assurances that the area agency on aging will

set specific objectives for providing services to older

individuals with greatest economic need and older individuals

with greatest social need, include specific objectives for

providing services to low-income minority individuals and older

individuals residing in rural areas, and include proposed methods

of carrying out the preference in the area plan;

(ii) provide assurances that the area agency on aging will

include in each agreement made with a provider of any service

under this subchapter, a requirement that such provider will -

(I) specify how the provider intends to satisfy the service

needs of low-income minority individuals and older individuals

residing in rural areas in the area served by the provider;

(II) to the maximum extent feasible, provide services to

low-income minority individuals and older individuals residing

in rural areas in accordance with their need for such services;

and

(III) meet specific objectives established by the area agency

on aging, for providing services to low-income minority

individuals and older individuals residing in rural areas

within the planning and service area; and

(iii) with respect to the fiscal year preceding the fiscal year

for which such plan is prepared -

(I) identify the number of low-income minority older

individuals in the planning and service area;

(II) describe the methods used to satisfy the service needs

of such minority older individuals; and

(III) provide information on the extent to which the area

agency on aging met the objectives described in clause (i);

(B) provide assurances that the area agency on aging will use

outreach efforts that will -

(i) identify individuals eligible for assistance under this

chapter, with special emphasis on -

(I) older individuals residing in rural areas;

(II) older individuals with greatest economic need (with

particular attention to low-income minority individuals and

older individuals residing in rural areas);

(III) older individuals with greatest social need (with

particular attention to low-income minority individuals and

older individuals residing in rural areas);

(IV) older individuals with severe disabilities;

(V) older individuals with limited English-speaking

ability; and

(VI) older individuals with Alzheimer's disease or related

disorders with neurological and organic brain dysfunction

(and the caretakers of such individuals); and

(ii) inform the older individuals referred to in subclauses

(I) through (VI) of clause (i), and the caretakers of such

individuals, of the availability of such assistance; and

ensure that each activity undertaken by the agency, including

planning, advocacy, and systems development, will include a focus

on the needs of low-income minority older individuals and older

individuals residing in rural areas;

(5) provide assurances that the area agency on aging will

coordinate planning, identification, assessment of needs, and

provision of services for older individuals with disabilities,

with particular attention to individuals with severe

disabilities, with agencies that develop or provide services for

individuals with disabilities;

(6) provide that the area agency on aging will -

(A) take into account in connection with matters of general

policy arising in the development and administration of the

area plan, the views of recipients of services under such plan;

(B) serve as the advocate and focal point for older

individuals within the community by (in cooperation with

agencies, organizations, and individuals participating in

activities under the plan) monitoring, evaluating, and

commenting upon all policies, programs, hearings, levies, and

community actions which will affect older individuals;

(C)(i) where possible, enter into arrangements with

organizations providing day care services for children,

assistance to older individuals caring for relatives who are

children, and respite for families, so as to provide

opportunities for older individuals to aid or assist on a

voluntary basis in the delivery of such services to children,

adults, and families; and

(ii) if possible regarding the provision of services under

this subchapter, enter into arrangements and coordinate with

organizations that have a proven record of providing services

to older individuals, that -

(I) were officially designated as community action agencies

or community action programs under section 210 of the

Economic Opportunity Act of 1964 (42 U.S.C. 2790) (!2) for

fiscal year 1981, and did not lose the designation as a

result of failure to comply with such Act; or

(II) came into existence during fiscal year 1982 as direct

successors in interest to such community action agencies or

community action programs;

and that meet the requirements under section 9910 of this

title;

(D) establish an advisory council consisting of older

individuals (including minority individuals and older

individuals residing in rural areas) who are participants or

who are eligible to participate in programs assisted under this

chapter, representatives of older individuals, local elected

officials, providers of veterans' health care (if appropriate),

and the general public, to advise continuously the area agency

on aging on all matters relating to the development of the area

plan, the administration of the plan and operations conducted

under the plan;

(E) establish effective and efficient procedures for

coordination of -

(i) entities conducting programs that receive assistance

under this chapter within the planning and service area

served by the agency; and

(ii) entities conducting other Federal programs for older

individuals at the local level, with particular emphasis on

entities conducting programs described in section 3013(b) of

this title, within the area;

(F) coordinate any mental health services provided with funds

expended by the area agency on aging for part B of this

subchapter with the mental health services provided by

community health centers and by other public agencies and

nonprofit private organizations; and

(G) if there is a significant population of older individuals

who are Indians in the planning and service area of the area

agency on aging, the area agency on aging shall conduct

outreach activities to identify such individuals in such area

and shall inform such individuals of the availability of

assistance under this chapter;

(7) provide that the area agency on aging will facilitate the

coordination of community-based, long-term care services designed

to enable older individuals to remain in their homes, by means

including -

(A) development of case management services as a component of

the long-term care services, consistent with the requirements

of paragraph (8);

(B) involvement of long-term care providers in the

coordination of such services; and

addressing the needs of residents of long-term care facilities;

(8) provide that case management services provided under this

subchapter through the area agency on aging will -

(A) not duplicate case management services provided through

other Federal and State programs;

(B) be coordinated with services described in subparagraph

(A); and

agency that -

(i) gives each older individual seeking services under this

subchapter a list of agencies that provide similar services

within the jurisdiction of the area agency on aging;

(ii) gives each individual described in clause (i) a

statement specifying that the individual has a right to make

an independent choice of service providers and documents

receipt by such individual of such statement;

(iii) has case managers acting as agents for the

individuals receiving the services and not as promoters for

the agency providing such services; or

(iv) is located in a rural area and obtains a waiver of the

requirements described in clauses (i) through (iii);

(9) provide assurances that the area agency on aging, in

carrying out the State Long-Term Care Ombudsman program under

section 3027(a)(9) of this title, will expend not less than the

total amount of funds appropriated under this chapter and

expended by the agency in fiscal year 2000 in carrying out such a

program under this subchapter;

(10) provide a grievance procedure for older individuals who

are dissatisfied with or denied services under this subchapter;

(11) provide information and assurances concerning services to

older individuals who are Native Americans (referred to in this

paragraph as "older Native Americans"), including -

(A) information concerning whether there is a significant

population of older Native Americans in the planning and

service area and if so, an assurance that the area agency on

aging will pursue activities, including outreach, to increase

access of those older Native Americans to programs and benefits

provided under this subchapter;

(B) an assurance that the area agency on aging will, to the

maximum extent practicable, coordinate the services the agency

provides under this subchapter with services provided under

subchapter X of this chapter; and

services under the area plan available, to the same extent as

such services are available to older individuals within the

planning and service area, to older Native Americans; and (!3)

(12) provide that the area agency on aging will establish

procedures for coordination of services with entities conducting

other Federal or federally assisted programs for older

individuals at the local level, with particular emphasis on

entities conducting programs described in section 3013(b) of this

title within the planning and service area.(!4)

(13) provide assurances that the area agency on aging will -

(A) maintain the integrity and public purpose of services

provided, and service providers, under this subchapter in all

contractual and commercial relationships;

(B) disclose to the Assistant Secretary and the State agency

(i) the identity of each nongovernmental entity with which

such agency has a contract or commercial relationship

relating to providing any service to older individuals; and

(ii) the nature of such contract or such relationship;

quality of the services provided, or to be provided, under this

subchapter by such agency has not resulted and will not result

from such contract or such relationship;

(D) demonstrate that the quantity or quality of the services

to be provided under this subchapter by such agency will be

enhanced as a result of such contract or such relationship; and

(E) on the request of the Assistant Secretary or the State,

for the purpose of monitoring compliance with this chapter

(including conducting an audit), disclose all sources and

expenditures of funds such agency receives or expends to

provide services to older individuals;

(14) provide assurances that funds received under this

subchapter will not be used to pay any part of a cost (including

an administrative cost) incurred by the area agency on aging to

carry out a contract or commercial relationship that is not

carried out to implement this subchapter; and (!3)

(15) (!5) provide assurances that preference in receiving

services under this subchapter will not be given by the area

agency on aging to particular older individuals as a result of a

contract or commercial relationship that is not carried out to

implement this subchapter.(!4)

(15) (!5) provide assurances that funds received under this

subchapter will not be used to pay any part of a cost (including

an administrative cost) incurred by the area agency on aging to

carry out a contract or commercial relationship that is not

carried out to implement this subchapter; (!6)

(16) provide assurances that preference in receiving services

under this subchapter will not be given by the area agency on

aging to particular older individuals as a result of a contract

or commercial relationship that is not carried out to implement

this subchapter; (!7)

(b) Waiver of requirements

Each State, in approving area agency on aging plans under this

section, shall waive the requirement described in paragraph (2) of

subsection (a) of this section for any category of services

described in such paragraph if the area agency on aging

demonstrates to the State agency that services being furnished for

such category in the area are sufficient to meet the need for such

services in such area and had conducted a timely public hearing

upon request.

(1) Subject to regulations prescribed by the Assistant Secretary,

an area agency on aging designated under section 3025(a)(2)(A) of

this title or, in areas of a State where no such agency has been

designated, the State agency, may enter into agreements with

agencies administering programs under the Rehabilitation Act of

1973 [29 U.S.C. 701 et seq.], and titles XIX and XX of the Social

Security Act [42 U.S.C. 1396 et seq., 1397 et seq.] for the purpose

of developing and implementing plans for meeting the common need

for transportation services of individuals receiving benefits under

such Acts and older individuals participating in programs

authorized by this subchapter.

(2) In accordance with an agreement entered into under paragraph

(1), funds appropriated under this subchapter may be used to

purchase transportation services for older individuals and may be

pooled with funds made available for the provision of

transportation services under the Rehabilitation Act of 1973 [29

U.S.C. 701 et seq.], and titles XIX and XX of the Social Security

Act [42 U.S.C. 1396 et seq., 1397 et seq.].

(d) Confidentiality of information relating to legal assistance

An area agency on aging may not require any provider of legal

assistance under this subchapter to reveal any information that is

protected by the attorney-client privilege.

(e) Withholding of area funds

(1) If the head of a State agency finds that an area agency on

aging has failed to comply with Federal or State laws, including

the area plan requirements of this section, regulations, or

policies, the State may withhold a portion of the funds to the area

agency on aging available under this subchapter.

(2)(A) The head of a State agency shall not make a final

determination withholding funds under paragraph (1) without first

affording the area agency on aging due process in accordance with

procedures established by the State agency.

(B) At a minimum, such procedures shall include procedures for -

(i) providing notice of an action to withhold funds;

(ii) providing documentation of the need for such action; and

(iii) at the request of the area agency on aging, conducting a

public hearing concerning the action.

(3)(A) If a State agency withholds the funds, the State agency

may use the funds withheld to directly administer programs under

this subchapter in the planning and service area served by the area

agency on aging for a period not to exceed 180 days, except as

provided in subparagraph (B).

(B) If the State agency determines that the area agency on aging

has not taken corrective action, or if the State agency does not

approve the corrective action, during the 180-day period described

in subparagraph (A), the State agency may extend the period for not

more than 90 days.

-SOURCE-

(Pub. L. 89-73, title III, Sec. 306, as added Pub. L. 95-478, title

I, Sec. 103(b), Oct. 18, 1978, 92 Stat. 1522; amended Pub. L.

97-115, Secs. 3(d), 6, Dec. 29, 1981, 95 Stat. 1597, 1598; Pub. L.

98-459, title III, Sec. 306, Oct. 9, 1984, 98 Stat. 1774; Pub. L.

100-175, title I, Secs. 104(c), 125-127, 130(a), 131(a), 132(b),

133, 134(a)(2), (b), 135, 136(b), 137(a), 140(b), 141(b), 143(b),

144(c), 155(e)(1), 182(e)(3), (i), (j), Nov. 29, 1987, 101 Stat.

930, 934, 938-944, 946, 947, 949, 952, 965; Pub. L. 100-628, title

VII, Sec. 705(5), Nov. 7, 1988, 102 Stat. 3247; Pub. L. 102-375,

title I, Sec. 102(b)(4), (10)(C), (E), title III, Sec. 306, title

IX, Sec. 904(a)(12), Sept. 30, 1992, 106 Stat. 1201, 1202, 1223,

1307; Pub. L. 103-171, Sec. 3(a)(13), Dec. 2, 1993, 107 Stat. 1990;

Pub. L. 105-285, title II, Sec. 202(a), Oct. 27, 1998, 112 Stat.

2755; Pub. L. 106-501, title III, Sec. 305, Nov. 13, 2000, 114

Stat. 2240.)

-REFTEXT-

REFERENCES IN TEXT

The Economic Opportunity Act of 1964, referred to in subsec.

(a)(6)(C)(ii)(I), is Pub. L. 88-452, Aug. 20, 1964, 78 Stat. 508,

as amended, which was classified generally to chapter 34 (Sec. 2701

et seq.) of this title prior to repeal, except for titles VIII and

X, by Pub. L. 97-35, title VI, Sec. 683(a), Aug. 13, 1981, 95 Stat.

519. Titles VIII and X of the Act are classified generally to

subchapters VIII (Sec. 2991 et seq.) and X (Sec. 2996 et seq.) of

chapter 34 of this title. Section 210 of the Act was classified to

section 2790 of this title prior to repeal by Pub. L. 97-35. For

complete classification of this Act to the Code, see Tables.

The Social Security Act, referred to in subsec. (c), is act Aug.

14, 1935, ch. 531, 49 Stat. 620, as amended. Titles XIX and XX of

the Act are classified generally to subchapters XIX (Sec. 1396 et

seq.) and XX (Sec. 1397 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 Rehabilitation Act of 1973, referred to in subsec. (c), 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 3026, Pub. L. 89-73, title III, Sec. 306, as

added Pub. L. 93-29, title III, Sec. 301, May 3, 1973, 87 Stat. 43;

amended Pub. L. 94-135, title I, Sec. 107, Nov. 28, 1975, 89 Stat.

716, related to the planning, coordination, evaluation, and

administration of State plans, prior to the general amendment of

this subchapter by Pub. L. 95-478. See section 3028 of this title.

Provisions similar to those comprising this section were

contained in Pub. L. 89-73, title III, Sec. 304, as added Pub. L.

93-29, title III, Sec. 301, May 3, 1973, 87 Stat. 38; amended Pub.

L. 94-135, title I, Secs. 105, 106(c), Nov. 28, 1975, 89 Stat. 715,

716, which was classified to section 3024 of this title prior to

repeal by Pub. L. 95-478.

AMENDMENTS

2000 - Subsec. (a)(1). Pub. L. 106-501, Sec. 305(a)(1), inserted

"and older individuals residing in rural areas" after "low-income

minority individuals" in two places.

Subsec. (a)(2). Pub. L. 106-501, Sec. 305(a)(2)(A), (C), in

introductory provisions substituted "section 3027(a)(2)" for

"section 3027(a)(22)" and, in concluding provisions, substituted

"and assurances that the area agency on aging will report annually

to the State agency" for "and specify annually in such plan, as

submitted or as amended,".

Subsec. (a)(2)(B). Pub. L. 106-501, Sec. 305(a)(2)(B),

substituted "services, including" for "services (homemaker and home

health aide, visiting and telephone reassurance, chore maintenance,

and".

Subsec. (a)(3)(A). Pub. L. 106-501, Sec. 305(a)(3), substituted

"paragraph (6)(C)" for "paragraph (6)(E)(ii)".

Subsec. (a)(4). Pub. L. 106-501, Sec. 305(a)(4), redesignated

par. (5) as (4) and struck out former par. (4) which read as

follows: "provide for the establishment and maintenance of

information and assistance services in sufficient numbers to assure

that all older individuals within the planning and service area

covered by the plan will have reasonably convenient access to such

services, with particular emphasis on linking services available to

isolated older individuals and older individuals with Alzheimer's

disease or related disorders with neurological and organic brain

dysfunction (and the caretakers of individuals with such disease or

disorders);".

Subsec. (a)(4)(A)(i). Pub. L. 106-501, Sec. 305(a)(5), inserted

"and older individuals residing in rural areas" after "low-income

minority individuals".

Subsec. (a)(4)(A)(ii)(I) to (III). Pub. L. 106-501, Sec.

305(a)(6), inserted "and older individuals residing in rural areas"

after "low-income minority individuals".

Subsec. (a)(4)(B)(i)(II), (III). Pub. L. 106-501, Sec. 305(a)(7),

inserted "and older individuals residing in rural areas" after

"low-income minority individuals".

Subsec. (a)(4)(C). Pub. L. 106-501, Sec. 305(a)(8), inserted "and

older individuals residing in rural areas" after "low-income

minority older individuals".

Subsec. (a)(5). Pub. L. 106-501, Sec. 305(a)(9), added par. (5).

Former par. (5) redesignated (4).

Subsec. (a)(6)(A). Pub. L. 106-501, Sec. 305(a)(10)(A), (B),

redesignated subpar. (C) as (A) and struck out former subpar. (A)

which read as follows: "conduct periodic evaluations of, and public

hearings on, activities carried out under the area plan and an

annual evaluation of the effectiveness of outreach conducted under

paragraph (5)(B);".

Subsec. (a)(6)(B). Pub. L. 106-501, Sec. 305(a)(10)(A), (B),

redesignated subpar. (D) as (B) and struck out former subpar. (B)

which read as follows: "furnish appropriate technical assistance,

and timely information in a timely manner, to providers of

supportive services, nutrition services, or multipurpose senior

centers in the planning and service area covered by the area

plan;".

Subsec. (a)(6)(C). Pub. L. 106-501, Sec. 305(a)(10)(B), (C),

redesignated subpar. (E) as (C) and substituted ", assistance to

older individuals caring for relatives who are children" for "or

adults" in cl. (i). Former subpar. (C) redesignated (A).

Subsec. (a)(6)(D). Pub. L. 106-501, Sec. 305(a)(10)(B), (D),

redesignated subpar. (F) as (D) and inserted "and older individuals

residing in rural areas" after "minority individuals". Former

subpar. (D) redesignated (B).

Subsec. (a)(6)(E). Pub. L. 106-501, Sec. 305(a)(10)(B),

redesignated subpar. (H) as (E). Former subpar. (E) redesignated

(C).

Subsec. (a)(6)(F). Pub. L. 106-501, Sec. 305(a)(10)(B), (E),

redesignated subpar. (M) as (F) and inserted "and" after semicolon

at end. Former subpar. (F) redesignated (D).

Subsec. (a)(6)(G). Pub. L. 106-501, Sec. 305(a)(10)(A), (B),

redesignated subpar. (N) as (G) and struck out former subpar. (G)

which read as follows: "develop and publish methods by which

priority of services is determined, particularly with respect to

the delivery of services under paragraph (2);".

Subsec. (a)(6)(H). Pub. L. 106-501, Sec. 305(a)(10)(B),

redesignated subpar. (H) as (E).

Subsec. (a)(6)(I) to (L). Pub. L. 106-501, Sec. 305(a)(10)(A),

struck out subpars. (I) to (L) which read as follows:

"(I) conduct efforts to facilitate the coordination of

community-based, long-term care services designed to retain

individuals in their homes, thereby deferring unnecessary, costly

institutionalization, and designed to include the development of

case management services as a component of the long-term care

services;

"(J) identify the public and private nonprofit entities involved

in the prevention, identification, and treatment of the abuse,

neglect, and exploitation of older individuals, and based on such

identification, determine the extent to which the need for

appropriate services for such individuals is unmet;

"(K) facilitate the involvement of long-term care providers in

the coordination of community-based long-term care services and

work to ensure community awareness of and involvement in addressing

the needs of residents of long-term care facilities;

"(L) coordinate the categories of services specified in paragraph

(2) for which the area agency on aging is required to expend funds

under part B of this subchapter, with activities of community-based

organizations established for the benefit of victims of Alzheimer's

disease and the families of such victims;".

Subsec. (a)(6)(M), (N). Pub. L. 106-501, Sec. 305(a)(10)(B),

redesignated subpars. (M) and (N) as (F) and (G), respectively.

Subsec. (a)(6)(O) to (S). Pub. L. 106-501, Sec. 305(a)(10)(A),

struck out subpars. (O) to (S) which provided that each area plan

provide that the area agency on aging would: in subpar. (O),

compile information on institutions of higher education in planning

and service area, in subpar. (P), establish grievance procedure for

older individuals dissatisfied with or denied services under this

subchapter, in subpar. (Q), enter into voluntary arrangements with

nonprofit entities that provide housing to older individuals, in

subpar. (R), list telephone number of agency in each telephone

directory published by provider of local telephone service, for

residents in any geographical area that lay in whole or in part in

service and planning area served by agency, and, in subpar. (S),

identify needs of older individuals and describe methods area

agency on aging would use to coordinate planning and delivery of

transportation services to assist older individuals, including

those with special needs.

Subsec. (a)(7) to (12). Pub. L. 106-501, Sec. 305(a)(11), added

pars. (7) to (12) and struck out former pars. (7) to (12) which

required each area plan: in pars. (7) to (10): to provide

assurances that any amount received under parts D to G of this

subchapter would be expended in accordance with such parts, in par.

(11) to provide assurances that the area agency on aging, in

carrying out the State Long-Term Care Ombudsman program under

section 3027(a)(12) of this title, would expend not less than the

amount of funds expended in fiscal year 1991, and, in par. (12), to

provide an area volunteer services coordinator in the discretion of

the area agency on aging.

Subsec. (a)(13). Pub. L. 106-501, Sec. 305(a)(11), (12),

redesignated par. (14) as (13) and struck out former par. (13)

which read as follows:

"(13)(A) describe all activities of the area agency on aging,

whether funded by public or private funds; and

"(B) provide an assurance that the activities conform with -

"(i) the responsibilities of the area agency on aging, as set

forth in this subsection; and

"(ii) the laws, regulations, and policies of the State served

by the area agency on aging;".

Subsec. (a)(14). Pub. L. 106-501, Sec. 305(a)(13), added par.

(14). Former par. (14) redesignated (13).

Subsec. (a)(15). Pub. L. 106-501, Sec. 305(a)(13), added par.

(15) relating to assurances that preference in receiving services

under this subchapter would not be given by the area agency on

aging to particular older individuals as a result of a contract or

commercial relationship not being carried out to implement this

subchapter.

Subsec. (a)(17) to (20). Pub. L. 106-501, Sec. 305(a)(14), struck

out pars. (17) to (20) which required each area plan to provide: in

par. (17), assurances that projects in the planning and service

area would reasonably accommodate particular dietary needs of

participants, in par. (18), assurances that the area agency on

aging would coordinate its services under this subchapter with

services provided under subchapter X of this chapter, in par. (19),

assurance that the area agency on aging would pursue activities to

increase access by older individuals who are Native Americans to

all aging programs and benefits provided by the agency, and, in

par. (20), that case management services provided under this

subchapter through the area agency on aging would be coordinated

with and not duplicate other Federal and State programs and would

be provided by a public agency or a nonprofit private agency either

not providing services other than case management services or

located in a rural area and having obtained a waiver of that

requirement.

Subsec. (b). Pub. L. 106-501, Sec. 305(b), struck out par. (1)

designation before "Each State", inserted "and had conducted a

timely public hearing upon request" before period at end, and

struck out par. (2) which related to public notice and hearing

requirements applicable to an area agency on aging before it could

request a waiver of the requirement described in subsec. (a)(2) and

requirements of a State agency with regard to granting the waiver

to an area agency on aging.

1998 - Subsec. (a)(6)(E)(ii). Pub. L. 105-285 substituted

"section 9910 of this title" for "section 9904(c)(3) of this title"

in concluding provisions.

1993 - Subsecs. (a)(6)(R)(iii), (14)(B), (E), (b)(2)(D), (c)(1).

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

"Commissioner".

1992 - Subsec. (a)(1). Pub. L. 102-375, Sec. 904(a)(12)(A)(i),

inserted "individuals who are" before "Indians".

Subsec. (a)(2)(A). Pub. L. 102-375, Sec. 306(a), substituted ",

information and assistance, and case management services" for ",

and information and assistance".

Pub. L. 102-375, Sec. 102(b)(4), substituted "information and

assistance" for "information and referral".

Subsec. (a)(2)(B). Pub. L. 102-375, Sec. 904(a)(12)(A)(ii),

substituted "older individuals who are" for "elderly".

Subsec. (a)(3). Pub. L. 102-375, Sec. 306(b), designated existing

provisions as subpar. (A), inserted "(including multipurpose senior

centers operated by organizations referred to in paragraph

(6)(E)(ii))" after "centers", and added subpar. (B).

Subsec. (a)(4). Pub. L. 102-375, Sec. 306(c)(1), inserted before

semicolon at end ", with particular emphasis on linking services

available to isolated older individuals and older individuals with

Alzheimer's disease or related disorders with neurological and

organic brain dysfunction (and the caretakers of individuals with

such disease or disorders)".

Pub. L. 102-375, Sec. 102(b)(4), substituted "information and

assistance" for "information and referral".

Subsec. (a)(5)(A)(i). Pub. L. 102-375, Sec. 904(a)(12)(A)(iii),

substituted "greatest economic need and older individuals with

greatest social need" for "the greatest economic or social needs".

Pub. L. 102-375, Sec. 306(c)(2)(A)(i), substituted "the area

agency on aging will set specific objectives for" for "preference

will be given to" and "include specific objectives for providing

services" for "with particular attention".

Subsec. (a)(5)(A)(ii). Pub. L. 102-375, Sec. 102(b)(10)(C),

substituted "area agency on aging" for "area agency".

Subsec. (a)(5)(A)(ii)(I). Pub. L. 102-375, Sec.

306(c)(2)(A)(ii)(I), struck out "and" at end.

Subsec. (a)(5)(ii)(II). Pub. L. 102-375, Sec.

306(c)(2)(A)(ii)(II), amended subcl. (II) generally. Prior to

amendment, subcl. (II) read as follows: "attempt to provide

services to low-income minority individuals in at least the same

proportion as the population of low-income minority older

individuals bears to the population of older individuals of the

area served by such provider; and".

Subsec. (a)(5)(A)(ii)(III). Pub. L. 102-375, Sec.

306(c)(2)(A)(ii)(III), added subcl. (III).

Subsec. (a)(5)(A)(iii)(III). Pub. L. 102-375, Sec.

306(c)(2)(A)(iii), added subcl. (III).

Subsec. (a)(5)(B). Pub. L. 102-375, Sec. 306(c)(2)(B), amended

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

follows: "assure the use of outreach efforts that will identify

individuals eligible for assistance under this chapter, with

special emphasis on rural elderly, older individuals who have

greatest economic need (with particular attention to low-income

minority individuals), older individuals who have greatest social

need (with particular attention to low-income minority

individuals), and older individuals with severe disabilities, and

inform such individuals of the availability of such assistance;".

Subsec. (a)(5)(C). Pub. L. 102-375, Sec. 306(c)(2)(C), added

subpar. (C).

Subsec. (a)(6)(B). Pub. L. 102-375, Sec. 306(d)(1), inserted ",

and timely information in a timely manner," after "assistance".

Subsec. (a)(6)(D). Pub. L. 102-375, Sec. 904(a)(12) (A)(iv)(I),

substituted "older individuals" for "the elderly" in two places.

Pub. L. 102-375, Sec. 306(d)(2), inserted "(in cooperation with

agencies, organizations, and individuals participating in

activities under the plan)" after "community by".

Subsec. (a)(6)(E). Pub. L. 102-375, Sec. 306(d)(3), designated

existing provisions as cl. (i) and added cl. (ii).

Subsec. (a)(6)(F). Pub. L. 102-375, Sec. 102(b)(10)(C),

substituted "area agency on aging" for "area agency".

Subsec. (a)(6)(G). Pub. L. 102-375, Sec. 904(a)(12)(A)(iv)(II),

substituted "paragraph" for "clause".

Subsec. (a)(6)(H). Pub. L. 102-375, Sec. 306(d)(4), amended

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

follows: "establish effective and efficient procedures for

coordination between the programs assisted under this subchapter

and programs described in section 3013(b) of this title;".

Subsec. (a)(6)(I). Pub. L. 102-375, Sec. 306(d)(5), substituted

"include the development of case management services as a component

of the long-term care services" for "emphasize the development of

client-centered case management systems as a component of such

services".

Subsec. (a)(6)(N). Pub. L. 102-375, Sec. 904(a)(12) (A)(iv)(IV),

which directed substitution of "such individuals in such area and

shall inform such individuals" for "elder Indians in such area and

shall inform such older Indians", was executed by making the

substitution for "older Indians in such area and shall inform such

older Indians" to reflect the probable intent of Congress.

Pub. L. 102-375, Secs. 102(b)(10)(E), 904(a)(12) (A)(iv)(III),

substituted "population of older individuals who are Indians" for

"population of older Indians" and "area agency on aging" for "area

agency" in two places.

Subsec. (a)(6)(O)(ii). Pub. L. 102-375, Sec. 306(d)(6), struck

out "and" at end.

Subsec. (a)(6)(P) to (S). Pub. L. 102-375, Sec. 306(d)(7), (8),

added subpars. (P) to (S) and struck out former subpar. (P) which

read as follows: "with funds and information received under section

3027(a)(31) of this title from the State agency -

"(i) carry out activities to identify older individuals with

greatest economic need who may be eligible to receive, but are

not receiving, supplemental security income benefits under title

XVI of the Social Security Act (or assistance under a State plan

program under title XVI of that Act), medical assistance under

title XIX of the Social Security Act, and benefits under the Food

Stamp Act of 1977;

"(ii) conduct outreach activities to inform older individuals

of the requirements for eligibility to receive such assistance

and such benefits; and

"(iii) assist older individuals to apply for such assistance

and such benefits;".

Subsec. (a)(11). Pub. L. 102-375, Sec. 306(e), added par. (11).

Subsec. (a)(12) to (20). Pub. L. 102-375, Sec. 306(f), added

pars. (12) to (20).

Subsec. (b)(1). Pub. L. 102-375, Sec. 904(a)(12)(B)(i), inserted

"on aging" before "plans" and substituted "paragraph" for "clause"

in two places.

Subsec. (b)(2)(C). Pub. L. 102-375, Sec. 102(b)(10)(C),

substituted "area agency on aging" for "area agency".

Subsec. (b)(2)(D). Pub. L. 102-375, Sec. 904(a)(12)(B)(ii),

substituted "paragraph" for "clause".

Subsec. (e). Pub. L. 102-375, Sec. 306(g), added subsec. (e).

1988 - Subsec. (a)(1). Pub. L. 100-628 substituted "such area,"

for "such area,," before "and the number of older Indians".

1987 - Subsec. (a). Pub. L. 100-175, Sec. 182(e)(3), struck out

last sentence which read as follows: "For purposes of clause

(5)(A), the term 'greatest economic need' means the need resulting

from an income level at or below the poverty threshold established

by the Bureau of the Census and the term 'greatest social need'

means the need caused by noneconomic factors which include physical

and mental disabilities, language barriers, cultural or social

isolation including that caused by racial or ethnic status which

restricts an individual's ability to perform normal daily tasks or

which threaten his or her capacity to live independently."

Subsec. (a)(1). Pub. L. 100-175, Sec. 134(a)(2), inserted ", and

the number of older Indians residing in such area," before last

reference to "and" in parenthetical.

Pub. L. 100-175, Sec. 132(b)(1), inserted ", the number of older

individuals who have greatest economic need (with particular

attention to low-income minority individuals) residing in such

area, the number of older individuals who have greatest social need

(with particular attention to low-income minority individuals)

residing in such area," after "residing in such area".

Subsec. (a)(2). Pub. L. 100-175, Sec. 130(a)(1), inserted ", as

required under section 3027(a)(22) of this title," after "adequate

proportion".

Subsec. (a)(2)(B). Pub. L. 100-175, Sec. 182(j), substituted

"related disorders with neurological and organic brain dysfunction"

for "other neurological and organic brain disorders of the

Alzheimer's type".

Subsec. (a)(5)(A). Pub. L. 100-175, Sec. 131(a), designated

existing provisions as cl. (i) and added cls. (ii) and (iii).

Subsec. (a)(5)(B). Pub. L. 100-175, Sec. 136(b), inserted "and

older individuals with severe disabilities," after second reference

to "individuals),".

Pub. L. 100-175, Sec. 132(b)(2), inserted "older individuals who

have greatest economic need (with particular attention to

low-income minority individuals), older individuals who have

greatest social need (with particular attention to low-income

minority individuals)," after "rural elderly".

Subsec. (a)(6)(A). Pub. L. 100-175, Secs. 125, 132(b)(3),

inserted ", and public hearings on," after "evaluations of" and

"and an annual evaluation of the effectiveness of outreach

conducted under paragraph (5)(B)" before semicolon at end.

Subsec. (a)(6)(E). Pub. L. 100-175, Sec. 126, inserted "or

adults, and respite for families," after "for children" and ",

adults, and families" after "to children".

Subsec. (a)(6)(F). Pub. L. 100-175, Sec. 104(c), inserted

"providers of veterans' health care (if appropriate)," after

"elected officials,".

Subsec. (a)(6)(G). Pub. L. 100-175, Sec. 182(i), struck out "and"

after "clause (2);".

Subsec. (a)(6)(L). Pub. L. 100-175, Sec. 127, added subpar. (L).

Subsec. (a)(6)(M). Pub. L. 100-175, Sec. 133, added subpar. (M).

Subsec. (a)(6)(N). Pub. L. 100-175, Sec. 134(b), added subpar.

(N).

Subsec. (a)(6)(O). Pub. L. 100-175, Sec. 135, added subpar. (O).

Subsec. (a)(6)(P). Pub. L. 100-175, Sec. 155(e)(1), added subpar.

(P).

Subsec. (a)(7). Pub. L. 100-175, Sec. 140(b), added par. (7).

Subsec. (a)(8). Pub. L. 100-175, Sec. 141(b), added par. (8).

Subsec. (a)(9). Pub. L. 100-175, Sec. 143(b), added par. (9).

Subsec. (a)(10). Pub. L. 100-175, Sec. 144(c), added par. (10).

Subsec. (b)(2)(C), (D). Pub. L. 100-175, Sec. 130(a)(2), added

subpars. (C) and (D).

Subsec. (d). Pub. L. 100-175, Sec. 137(a), added subsec. (d).

1984 - Subsec. (a). Pub. L. 98-459, Sec. 306(a)(5)(E), inserted

provisions defining "greatest economic need" and "greatest social

need" following par. (6).

Subsec. (a)(1). Pub. L. 98-459, Sec. 306(a)(1), inserted "and the

efforts of voluntary organizations in the community".

Subsec. (a)(2). Pub. L. 98-459, Sec. 306(a)(2)(A), inserted "each

of the following categories of services" in provisions preceding

subpar. (A).

Pub. L. 98-459, Sec. 306(a)(2)(D), substituted "and specify

annually in such plan, as submitted or as amended, in detail the

amount of funds expended for each such category during the fiscal

year most recently concluded" for "and that some funds will be

expended for each such category of services" in provisions

following subpar. (C).

Subsec. (a)(2)(B). Pub. L. 98-459, Sec. 306(a)(2)(B), substituted

"chore maintenance, and supportive services for families of elderly

victims of Alzheimer's disease and other neurological and organic

brain disorders of the Alzheimer's type" for "and chore

maintenance".

Subsec. (a)(2)(C). Pub. L. 98-459, Sec. 306(a)(2)(C), substituted

"legal assistance" for "legal services".

Subsec. (a)(3). Pub. L. 98-459, Sec. 306(a)(3), substituted ",

giving special consideration" for "to encourage the maximum

collocation and coordination of services for older individuals, and

give special consideration".

Subsec. (a)(5)(A). Pub. L. 98-459, Sec. 306(a)(4), inserted ",

with particular attention to low-income minority individuals,".

Subsec. (a)(6)(F). Pub. L. 98-459, Sec. 306(a)(5)(A), (B), (D),

redesignated subpar. (G) as (F), substituted "consisting of older

individuals (including minority individuals)" for "consisting of

older individuals", and struck out former subpar. (F) which had

required the area agency on aging to enter, where possible, into

arrangements with local educational agencies, institutions of

higher education, and nonprofit private organizations, to use

services provided for older individuals under the community schools

program under the Elementary and Secondary Education Act of 1965.

Subsec. (a)(6)(G), (H). Pub. L. 98-459, Sec. 306(a)(5)(D),

redesignated subpars. (H) and (I) as (G) and (H), respectively.

Former subpar. (G) redesignated (F).

Subsec. (a)(6)(I). Pub. L. 98-459, Sec. 306(a)(5)(C)-(E), added

subpar. (I). Former subpar. (I) redesignated (H).

Subsec. (a)(6)(J), (K). Pub. L. 98-459, Sec. 306(a)(5)(E), added

subpars. (J) and (K).

Subsec. (b). Pub. L. 98-459, Sec. 306(b), designated existing

provisions as par. (1) and added par. (2).

1981 - Subsec. (a). Pub. L. 97-115, Secs. 3(d), 6(a), (b),

substituted "for a two-, three-, or four-year period determined by

the State agency," for "for a 3-year period" in provisions

preceding par. (1), substituted "supportive services" for "social

services" in par. (1) in three places, substituted "an adequate

portion" for "at least 50 percent" in provisions of par. (2)

preceding subpar. (A), and substituted "supportive services" for

"social services" in par. (6)(B).

Subsec. (b). Pub. L. 97-115, Sec. 6(c), struck out par. (1)

providing that each State, in approving area agency plans under

this section, could, for fiscal years 1979 and 1980, waive any

particular requirement relating to the delivery of services or the

establishment or operation of multipurpose senior centers which

such agency could not meet because of the consolidation authorized

by the Comprehensive Older Americans Act Amendments of 1978, except

that the State agency could grant such a waiver only if the area

agency demonstrated to the State agency that it was taking steps to

meet the requirements of this subchapter, but that in any event the

State agency could not grant a waiver for any requirement of this

chapter in effect on Sept. 30, 1978, struck out par. (2)

designation, made mandatory the formerly discretionary waiver by

each State, in approving area agency plans under this section, of

the requirement described in clause (2) of subsection (a) of this

section for any category of services described in such clause if

the area agency on aging demonstrates to the State agency that

services being furnished for such category in the area are

sufficient to meet the need for such services in such area, and

struck out provisions that if the State agency granted a waiver

with respect to any category, then the area agency had to expend

under clause (2) of subsection (a) of this section a percentage of

the amount allotted for part B to the planning and service area,

for the categories with respect to which such waiver did not apply,

that had been agreed upon by the State agency and the area agency.

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by section 306 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 306 of Pub. L. 102-375 inapplicable with

respect to fiscal year 1992, see section 905(b)(2) 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.

REFERENCE TO COMMUNITY, MIGRANT, PUBLIC HOUSING, OR HOMELESS HEALTH

CENTER CONSIDERED REFERENCE TO HEALTH CENTER

Reference to community health center, migrant health center,

public housing health center, or homeless health center considered

reference to health center, see section 4(c) of Pub. L. 104-299,

set out as a note under section 254b of this title.

IMPLEMENTATION INFORMATION

Section 155(g) of Pub. L. 100-175 directed Commissioner on Aging,

not later than Sept. 1, 1988, to analyze and compile information on

successful and unsuccessful activities carried out to conduct

outreach of the type described in 42 U.S.C. 3026(a)(6)(P) and

distribute such information to State agencies on aging for

dissemination to interested area agencies on aging to assist such

area agencies in designing outreach activities.

EVALUATION OF GUIDELINES

Section 155(h) of Pub. L. 100-175 directed Commissioner on Aging

to issue guidelines to be followed by State agencies on aging and

area agencies on aging in conducting evaluations of outreach

activities carried out under former subsec. (a)(6)(P) of this

section that would ensure that such evaluations are based on

uniform criteria that provide a basis for the valid comparison of

such outreach activities conducted by the various area agencies.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3002, 3012, 3023, 3027,

3030c-3, 3030d, 3030i, 3058g of this title.

-FOOTNOTE-

(!1) So in original. A closing parenthesis probably should not

appear.

(!2) See References in Text note below.

(!3) So in original. The word "and" probably should not appear.

(!4) So in original. The period probably should be a semicolon.

(!5) So in original. Two pars. (15) have been enacted.

(!6) So in original. Probably should be followed by "and".

(!7) So in original. The semicolon probably should be a period.

-End-

-CITE-

42 USC Sec. 3027 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. 3027. State plans

-STATUTE-

(a) Criteria for eligibility; contents

Except as provided in the succeeding sentence and section 3029(a)

of this title, each State, in order to be eligible for grants from

its allotment under this subchapter for any fiscal year, shall

submit to the Assistant Secretary a State plan for a two-, three-,

or four-year period determined by the State agency, with such

annual revisions as are necessary, which meets such criteria as the

Assistant Secretary may by regulation prescribe. If the Assistant

Secretary determines, in the discretion of the Assistant Secretary,

that a State failed in 2 successive years to comply with the

requirements under this subchapter, then the State shall submit to

the Assistant Secretary a State plan for a 1-year period that meets

such criteria, for subsequent years until the Assistant Secretary

determines that the State is in compliance with such requirements.

Each such plan shall comply with all of the following requirements:

(1) The plan shall -

(A) require each area agency on aging designated under

section 3025(a)(2)(A) of this title to develop and submit to

the State agency for approval, in accordance with a uniform

format developed by the State agency, an area plan meeting the

requirements of section 3026 of this title; and

(B) be based on such area plans.

(2) The plan shall provide that the State agency will -

(A) evaluate, using uniform procedures described in section

3012(a)(29) (!1) of this title, the need for supportive

services (including legal assistance pursuant to subsection

(a)(11) of this section, information and assistance, and

transportation services), nutrition services, and multipurpose

senior centers within the State;

(B) develop a standardized process to determine the extent to

which public or private programs and resources (including

volunteers and programs and services of voluntary

organizations) that have the capacity and actually meet such

need;

each area agency on aging in the State to carry out part B of

this subchapter that will be expended (in the absence of a

waiver under section 3026(b) or 3030c-3 of this title) by such

area agency on aging to provide each of the categories of

services specified in section 3026(a)(2) of this title.

(3) The plan shall -

(A) include (and may not be approved unless the Assistant

Secretary approves) the statement and demonstration required by

paragraphs (2) and (4) of section 3025(d) of this title

(concerning intrastate distribution of funds); and

(B) with respect to services for older individuals residing

in rural areas -

(i) provide assurances that the State agency will spend for

each fiscal year, not less than the amount expended for such

services for fiscal year 2000;

(ii) identify, for each fiscal year to which the plan

applies, the projected costs of providing such services

(including the cost of providing access to such services);

and

(iii) describe the methods used to meet the needs for such

services in the fiscal year preceding the first year to which

such plan applies.

(4) The plan shall provide that the State agency will conduct

periodic evaluations of, and public hearings on, activities and

projects carried out in the State under this subchapter and

subchapter XI of this chapter, including evaluations of the

effectiveness of services provided to individuals with greatest

economic need, greatest social need, or disabilities, with

particular attention to low-income minority individuals and older

individuals residing in rural areas.

(5) The plan shall provide that the State agency will -

(A) afford an opportunity for a hearing upon request, in

accordance with published procedures, to any area agency on

aging submitting a plan under this subchapter, to any provider

of (or applicant to provide) services;

(B) issue guidelines applicable to grievance procedures

required by section 3026(a)(10) of this title; and

by any area agency on aging, by any provider of (or applicant

to provide) services, or by any recipient of services under

this subchapter regarding any waiver request, including those

under section 3030c-3 of this title.

(6) The plan shall provide that the State agency will make such

reports, in such form, and containing such information, as the

Assistant Secretary may require, and comply with such

requirements as the Assistant Secretary may impose to insure the

correctness of such reports.

(7)(A) The plan shall provide satisfactory assurance that such

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 subchapter to the State,

including any such funds paid to the recipients of a grant or

contract.

(B) The plan shall provide assurances that -

(i) no individual (appointed or otherwise) involved in the

designation of the State agency or an area agency on aging, or

in the designation of the head of any subdivision of the State

agency or of an area agency on aging, is subject to a conflict

of interest prohibited under this chapter;

(ii) no officer, employee, or other representative of the

State agency or an area agency on aging is subject to a

conflict of interest prohibited under this chapter; and

(iii) mechanisms are in place to identify and remove

conflicts of interest prohibited under this chapter.

(8)(A) The plan shall provide that no supportive services,

nutrition services, or in-home services will be directly provided

by the State agency or an area agency on aging in the State,

unless, in the judgment of the State agency -

(i) provision of such services by the State agency or the

area agency on aging is necessary to assure an adequate supply

of such services;

(ii) such services are directly related to such State

agency's or area agency on aging's administrative functions; or

(iii) such services can be provided more economically, and

with comparable quality, by such State agency or area agency on

aging.

(B) Regarding case management services, if the State agency or

area agency on aging is already providing case management

services (as of the date of submission of the plan) under a State

program, the plan may specify that such agency is allowed to

continue to provide case management services.

allowed to directly provide information and assistance services

and outreach.

(9) The plan shall provide assurances that the State agency

will carry out, through the Office of the State Long-Term Care

Ombudsman, a State Long-Term Care Ombudsman program in accordance

with section 3058g of this title and this subchapter, and will

expend for such purpose an amount that is not less than an amount

expended by the State agency with funds received under this

subchapter for fiscal year 2000, and an amount that is not less

than the amount expended by the State agency with funds received

under subchapter XI of this chapter for fiscal year 2000.

(10) The plan shall provide assurances that the special needs

of older individuals residing in rural areas will be taken into

consideration and shall describe how those needs have been met

and describe how funds have been allocated to meet those needs.

(11) The plan shall provide that with respect to legal

assistance -

(A) the plan contains assurances that area agencies on aging

will (i) enter into contracts with providers of legal

assistance which can demonstrate the experience or capacity to

deliver legal assistance; (ii) include in any such contract

provisions to assure that any recipient of funds under division

(i) will be subject to specific restrictions and regulations

promulgated under the Legal Services Corporation Act [42 U.S.C.

2996 et seq.] (other than restrictions and regulations

governing eligibility for legal assistance under such Act and

governing membership of local governing boards) as determined

appropriate by the Assistant Secretary; and (iii) attempt to

involve the private bar in legal assistance activities

authorized under this subchapter, including groups within the

private bar furnishing services to older individuals on a pro

bono and reduced fee basis;

(B) the plan contains assurances that no legal assistance

will be furnished unless the grantee administers a program

designed to provide legal assistance to older individuals with

social or economic need and has agreed, if the grantee is not a

Legal Services Corporation project grantee, to coordinate its

services with existing Legal Services Corporation projects in

the planning and service area in order to concentrate the use

of funds provided under this subchapter on individuals with the

greatest such need; and the area agency on aging makes a

finding, after assessment, pursuant to standards for service

promulgated by the Assistant Secretary, that any grantee

selected is the entity best able to provide the particular

services;

furnishing of legal services to older individuals within the

State, and provide advice and technical assistance in the

provision of legal services to older individuals within the

State and support the furnishing of training and technical

assistance for legal services for older individuals;

(D) the plan contains assurances, to the extent practicable,

that legal services furnished under the plan will be in

addition to any legal services for older individuals being

furnished with funds from sources other than this chapter and

that reasonable efforts will be made to maintain existing

levels of legal services for older individuals; and

(E) the plan contains assurances that area agencies on aging

will give priority to legal assistance related to income,

health care, long-term care, nutrition, housing, utilities,

protective services, defense of guardianship, abuse, neglect,

and age discrimination.

(12) The plan shall provide, whenever the State desires to

provide for a fiscal year for services for the prevention of

abuse of older individuals -

(A) the plan contains assurances that any area agency on

aging carrying out such services will conduct a program

consistent with relevant State law and coordinated with

existing State adult protective service activities for -

(i) public education to identify and prevent abuse of older

individuals;

(ii) receipt of reports of abuse of older individuals;

(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 where

appropriate and consented to by the parties to be referred;

and

(iv) referral of complaints to law enforcement or public

protective service agencies where appropriate;

(B) the State will not permit involuntary or coerced

participation in the program of services described in this

paragraph by alleged victims, abusers, or their households; and

reports and making referrals shall remain confidential unless

all parties to the complaint consent in writing to the release

of such information, except that such information may be

released to a law enforcement or public protective service

agency.

(13) The plan shall provide assurances that each State will

assign personnel (one of whom shall be known as a legal

assistance developer) to provide State leadership in developing

legal assistance programs for older individuals throughout the

State.

(14) The plan shall provide assurances that, if a substantial

number of the older individuals residing in any planning and

service area in the State are of limited English-speaking

ability, then the State will require the area agency on aging for

each such planning and service area -

(A) to utilize, in the delivery of outreach services under

section 3026(a)(2)(A) of this title, the services of workers

who are fluent in the language spoken by a predominant number

of such older individuals who are of limited English-speaking

ability; and

(B) to designate an individual employed by the area agency on

aging, or available to such area agency on aging on a full-time

basis, whose responsibilities will include -

(i) taking such action as may be appropriate to assure that

counseling assistance is made available to such older

individuals who are of limited English-speaking ability in

order to assist such older individuals in participating in

programs and receiving assistance under this chapter; and

(ii) providing guidance to individuals engaged in the

delivery of supportive services under the area plan involved

to enable such individuals to be aware of cultural

sensitivities and to take into account effectively linguistic

and cultural differences.

(15) The plan shall, with respect to the fiscal year preceding

the fiscal year for which such plan is prepared -

(A) identify the number of low-income minority older

individuals in the State; and

(B) describe the methods used to satisfy the service needs of

such minority older individuals.

(16) The plan shall provide assurances that the State agency

will require outreach efforts that will -

(A) identify individuals eligible for assistance under this

chapter, with special emphasis on -

(i) older individuals residing in rural areas;

(ii) older individuals with greatest economic need (with

particular attention to low-income minority individuals and

older individuals residing in rural areas);

(iii) older individuals with greatest social need (with

particular attention to low-income minority individuals and

older individuals residing in rural areas);

(iv) older individuals with severe disabilities;

(v) older individuals with limited English-speaking

ability; and

(vi) older individuals with Alzheimer's disease or related

disorders with neurological and organic brain dysfunction

(and the caretakers of such individuals); and

(B) inform the older individuals referred to in clauses (i)

through (vi) of subparagraph (A), and the caretakers of such

individuals, of the availability of such assistance.

(17) The plan shall provide, with respect to the needs of older

individuals with severe disabilities, assurances that the State

will coordinate planning, identification, assessment of needs,

and service for older individuals with disabilities with

particular attention to individuals with severe disabilities with

the State agencies with primary responsibility for individuals

with disabilities, including severe disabilities, to enhance

services and develop collaborative programs, where appropriate,

to meet the needs of older individuals with disabilities.

(18) The plan shall provide assurances that area agencies on

aging will conduct efforts to facilitate the coordination of

community-based, long-term care services, pursuant to section

3026(a)(7) of this title, for older individuals who -

(A) reside at home and are at risk of institutionalization

because of limitations on their ability to function

independently;

(B) are patients in hospitals and are at risk of prolonged

institutionalization; or

return to their homes if community-based services are provided

to them.

(19) The plan shall include the assurances and description

required by section 3058d(a) of this title.

(20) The plan shall provide assurances that special efforts

will be made to provide technical assistance to minority

providers of services.

(21) The plan shall -

(A) provide an assurance that the State agency will

coordinate programs under this subchapter and programs under

subchapter X of this chapter, if applicable; and

(B) provide an assurance that the State agency will pursue

activities to increase access by older individuals who are

Native Americans to all aging programs and benefits provided by

the agency, including programs and benefits provided under this

subchapter, if applicable, and specify the ways in which the

State agency intends to implement the activities.

(22) If case management services are offered to provide access

to supportive services, the plan shall provide that the State

agency shall ensure compliance with the requirements specified in

section 3026(a)(8) of this title.

(23) The plan shall provide assurances that demonstrable

efforts will be made -

(A) to coordinate services provided under this chapter with

other State services that benefit older individuals; and

(B) to provide multigenerational activities, such as

opportunities for older individuals to serve as mentors or

advisers in child care, youth day care, educational assistance,

at-risk youth intervention, juvenile delinquency treatment, and

family support programs.

(24) The plan shall provide assurances that the State will

coordinate public services within the State to assist older

individuals to obtain transportation services associated with

access to services provided under this subchapter, to services

under subchapter X of this chapter, to comprehensive counseling

services, and to legal assistance.

(25) The plan shall include assurances that the State has in

effect a mechanism to provide for quality in the provision of

in-home services under this subchapter.

(26) The plan shall provide assurances that funds received

under this subchapter will not be used to pay any part of a cost

(including an administrative cost) incurred by the State agency

or an area agency on aging to carry out a contract or commercial

relationship that is not carried out to implement this

subchapter.

(b) Approval by Assistant Secretary; waiver of requirements

(1) The Assistant Secretary shall approve any State plan which

the Assistant Secretary finds fulfills the requirements of

subsection (a) of this section, except the Assistant Secretary may

not approve such plan unless the Assistant Secretary determines

that the formula submitted under section 3025(a)(2)(D) of this

title complies with the guidelines in effect under section

3025(a)(2)(C) of this title.

(2) The Assistant Secretary, in approving any State plan under

this section, may waive the requirement described in paragraph

(3)(B) of subsection (a) of this section if the State agency

demonstrates to the Assistant Secretary that the service needs of

older individuals residing in rural areas in the State are being

met, or that the number of older individuals residing in such rural

areas is not sufficient to require the State agency to comply with

such requirement.

(1) The Assistant Secretary shall not make a final determination

disapproving any State plan, or any modification thereof, or make a

final determination that a State is ineligible under section 3025

of this title, without first affording the State reasonable notice

and opportunity for a hearing.

(2) Not later than 30 days after such final determination, a

State dissatisfied with such final determination may appeal such

final determination to the Secretary for review. If the State

timely appeals such final determination in accordance with

subsection (e)(1) of this section, the Secretary shall dismiss the

appeal filed under this paragraph.

(3) If the State is dissatisfied with the decision of the

Secretary after review under paragraph (2), the State may appeal

such decision not later than 30 days after such decision and in the

manner described in subsection (e) of this section. For purposes of

appellate review under the preceding sentence, a reference in

subsection (e) of this section to the Assistant Secretary shall be

deemed to be a reference to the Secretary.

(d) Discontinuance of payments; disbursement of withheld funds to

agencies with approved plans; matching funds

Whenever the Assistant Secretary, after reasonable notice and

opportunity for a hearing to the State agency, finds that -

(1) the State is not eligible under section 3025 of this title,

(2) the State plan has been so changed that it no longer

complies substantially with the provisions of subsection (a) of

this section, or

(3) in the administration of the plan there is a failure to

comply substantially with any such provision of subsection (a) of

this section,

the Assistant Secretary shall notify such State agency that no

further payments from its allotments under section 3024 of this

title and section 3028 of this title will be made to the State (or,

in the Assistant Secretary's discretion, that further payments to

the State will be limited to projects under or portions of the

State plan not affected by such failure), until the Assistant

Secretary is satisfied that there will no longer be any failure to

comply. Until the Assistant Secretary is so satisfied, no further

payments shall be made to such State from its allotments under

section 3024 of this title and section 3028 of this title (or

payments shall be limited to projects under or portions of the

State plan not affected by such failure). The Assistant Secretary

shall, in accordance with regulations the Assistant Secretary shall

prescribe, disburse the funds so withheld directly to any public or

nonprofit private organization or agency or political subdivision

of such State submitting an approved plan in accordance with the

provisions of this section. Any such payment shall be matched in

the proportions specified in section 3024 of this title.

(e) Appeal

(1) A State which is dissatisfied with a final action of the

Assistant Secretary under subsection (b), (c), or (d) of this

section may appeal to the United States court of appeals for the

circuit in which the State is located, by filing a petition with

such court within 30 days after such final action. A copy of the

petition shall be forthwith transmitted by the clerk of the court

to the Assistant Secretary, or any officer designated by the

Assistant Secretary for such purpose. The Assistant Secretary

thereupon shall file in the court the record of the proceedings on

which the Assistant Secretary's action is based, as provided in

section 2112 of title 28.

(2) Upon the filing of such petition, the court shall have

jurisdiction to affirm the action of the Assistant Secretary or to

set it aside, in whole or in part, temporarily or permanently, but

until the filing of the record, the Assistant Secretary may modify

or set aside the Assistant Secretary's order. The findings of the

Assistant Secretary as to the facts, if supported by substantial

evidence, shall be conclusive, but the court, for good cause shown,

may remand the case to the Assistant Secretary to take further

evidence, and the Assistant Secretary shall, within 30 days, file

in the court the record of those further proceedings. Such new or

modified findings of fact shall likewise be conclusive if supported

by substantial evidence. The judgment of the court affirming or

setting aside, in whole or in part, any action of the Assistant

Secretary shall be final, subject to review by the Supreme Court of

the United States upon certiorari or certification as provided in

section 1254 of title 28.

(3) The commencement of proceedings under this subsection shall

not, unless so specifically ordered by the court, operate as a stay

of the Assistant Secretary's action.

(f) Confidentiality of information relating to legal assistance

Neither a State, nor a State agency, may require any provider of

legal assistance under this subchapter to reveal any information

that is protected by the attorney-client privilege.

-SOURCE-

(Pub. L. 89-73, title III, Sec. 307, as added Pub. L. 95-478, title

I, Sec. 103(b), Oct. 18, 1978, 92 Stat. 1524; amended Pub. L.

97-115, Secs. 3(d), 7, Dec. 29, 1981, 95 Stat. 1597, 1598; Pub. L.

98-459, title III, Sec. 307, Oct. 9, 1984, 98 Stat. 1775; Pub. L.

100-175, title I, Secs. 128, 129(d), (e), 130(b), 131(b), 132(c),

136(c), 137(b), 138, 140(c), 141(c), 142, 144(d), 155(e)(2),

182(k), Nov. 29, 1987, 101 Stat. 934, 935, 938-940, 943, 944, 946,

947, 949, 953, 965; Pub. L. 100-628, title VII, Sec. 705(6), Nov.

7, 1988, 102 Stat. 3247; Pub. L. 102-375, title I, Sec. 102(b)(4),

(5), (10)(A), (C), (E), (F), title III, Sec. 307, title VII, Sec.

708(c)(4), title IX, Sec. 904(a)(13), Sept. 30, 1992, 106 Stat.

1201, 1202, 1228, 1293, 1308; Pub. L. 103-171, Secs. 2(9), 3(a)(5),

Dec. 2, 1993, 107 Stat. 1988, 1990; Pub. L. 106-501, title III,

Sec. 306, title VIII, Sec. 801(c)(4), Nov. 13, 2000, 114 Stat.

2242, 2292.)

-REFTEXT-

REFERENCES IN TEXT

Section 3012(a) of this title, referred to in subsec. (a)(2)(A),

does not contain a par. (29). A former section 3012(a)(29) of this

title, relating to uniform data collection procedures, was

redesignated section 3012(a)(26) by Pub. L. 106-501, title II, Sec.

201(1)(B), Nov. 13, 2000, 114 Stat. 2229.

The Legal Services Corporation Act, referred to in subsec.

(a)(11)(A), is title X of Pub. L. 88-452, as added by Pub. L.

93-355, Sec. 2, July 25, 1974, 88 Stat. 378, as amended, which is

classified generally to subchapter X (Sec. 2996 et seq.) of chapter

34 of this title. For complete classification of this Act to the

Code, see Short Title note set out under section 2701 of this title

and Tables.

-MISC1-

PRIOR PROVISIONS

A prior section 3027, Pub. L. 89-73, title III, Sec. 307, as

added Pub. L. 93-29, title III, Sec. 301, May 3, 1973, 87 Stat. 44,

related to payment of grants or contracts, prior to the general

amendment of this subchapter by Pub. L. 95-478. See section 3029 of

this title.

Provisions similar to those comprising this section were

contained in Pub. L. 89-73, title III, Sec. 305, as added Pub. L.

93-29, title III, Sec. 301, May 3, 1973, 87 Stat. 41; Pub. L.

94-135, title I, Secs. 106(a), (b), 114(e), Nov. 28, 1975, 89 Stat.

715, 725, which was classified to section 3025 of this title prior

to repeal by Pub. L. 95-478.

AMENDMENTS

2000 - Subsec. (a)(1) to (5). Pub. L. 106-501, Sec. 306(1), added

pars. (1) to (5) and struck out former pars. (1) to (5) which

required each State plan to: in par. (1), contain assurances that

the State plan would be based on area plans and that the State

would distribute a uniform format for developing area plans, in

par. (2), provide that each area agency on aging develop an area

plan for approval by the State agency, in par. (3), provide that

the State agency would evaluate the need for supportive services,

nutrition services, and multipurpose senior centers within the

State and spend not less than 105 percent of fiscal year 1978

expenditures for services to older individuals residing in rural

areas in the State, in par. (4), provide methods of administration

of the plan and any necessary reorganization and reassignment of

functions to assure efficient administration, and, in par. (5),

provide that the State agency would conduct hearings upon request

by an area agency on aging submitting a plan, a service provider

under a plan, or an applicant to provide service under a plan.

Subsec. (a)(7)(C). Pub. L. 106-501, Sec. 306(2), struck out

subpar. (C) which required the plan to provide assurances that the

State agency and each area agency on aging would maintain the

integrity and public purpose of services provided and service

providers under the State plan in all contractual and commercial

relationships, disclose the parties to and the nature of a contract

or relationship relating to services to older individuals,

demonstrate no loss or diminution in quantity or quality of

services as a result of such contract or relationship, demonstrate

enhancement of quantity and quality of services as a result of such

contract or relationship, and disclose on request all sources and

expenditures of funds the State agency and area agency on aging

received or expended to provide services to older individuals.

Subsec. (a)(8), (9). Pub. L. 106-501, Sec. 306(3), added pars.

(8) and (9) and struck out former pars. (8) and (9) which read as

follows:

"(8) The plan shall provide that the State agency will conduct

periodic evaluations of, and public hearings on, activities and

projects carried out under the State plan, including an evaluation

of the effectiveness of the State agency in reaching older

individuals with greatest economic need and older individuals with

greatest social need, with particular attention to low-income

minority individuals. In conducting such evaluations and public

hearings, the State agency shall solicit the views and experiences

of entities that are knowledgeable about the needs and concerns of

low-income minority older individuals.

"(9) The plan shall provide for establishing and maintaining

information and assistance services in sufficient numbers to assure

that all older individuals in the State who are not furnished

adequate information and assistance services under section

3026(a)(4) of this title will have reasonably convenient access to

such services."

Subsec. (a)(10). Pub. L. 106-501, Sec. 306(4), added par. (10)

and struck out former par. (10) which read as follows: "The plan

shall provide that no supportive services, nutrition services, or

in-home services (as defined in section 3030i of this title) will

be directly provided by the State agency or an area agency on

aging, except where, in the judgment of the State agency, provision

of such services by the State agency or an area agency on aging is

necessary to assure an adequate supply of such services, or where

such services are directly related to such State or area agency on

aging's administrative functions, or where such services of

comparable quality can be provided more economically by such State

or area agency on aging."

Subsec. (a)(11). Pub. L. 106-501, Sec. 306(5), (6), redesignated

par. (15) as (11) and struck out former par. (11) which read as

follows: "The plan shall provide that subject to the requirements

of merit employment systems of State and local governments -

"(A) preference shall be given to older individuals; and

"(B) special consideration shall be given to individuals with

formal training in the field of aging (including an educational

specialty or emphasis in aging and a training degree or

certificate in aging) or equivalent professional experience in

the field of aging;

for any staff positions (full time or part time) in State and area

agencies for which such individuals qualify."

Subsec. (a)(12). Pub. L. 106-501, Sec. 306(5), (6), redesignated

par. (16) as (12) and struck out former par. (12) which read as

follows: "The plan shall provide assurances that the State agency

will carry out, through the Office of the State Long-Term Care

Ombudsman, a State Long-Term Care Ombudsman program in accordance

with section 3058g of this title and this subchapter."

Subsec. (a)(13). Pub. L. 106-501, Sec. 306(5), (8), redesignated

par. (18) as (13) and struck out former par. (13) which related to

a list of requirements that the plan was to provide with respect to

nutrition services.

Subsec. (a)(14). Pub. L. 106-501, Sec. 306(5), (10), redesignated

par. (20) as (14) and struck out former par. (14) which related to

required provisions of the plan with respect to acquisition,

alteration, or renovation of existing facilities to serve as

multipurpose senior centers.

Subsec. (a)(15). Pub. L. 106-501, Sec. 306(12), redesignated par.

(23) as (15). Former par. (15) redesignated (11).

Subsec. (a)(16). Pub. L. 106-501, Sec. 306(12), (13),

redesignated par. (24) as (16) and inserted "and older individuals

residing in rural areas" after "low-income minority individuals" in

cls. (ii) and (iii). Former par. (16) redesignated (12).

Subsec. (a)(17). Pub. L. 106-501, Sec. 306(14), inserted "to

enhance services" before "and develop collaborative programs".

Pub. L. 106-501, Sec. 306(7), (12), redesignated par. (25) as

(17) and struck out former par. (17) which read as follows: "The

plan shall provide assurances that each State will provide

inservice training opportunities for personnel of agencies and

programs funded under this chapter."

Subsec. (a)(18). Pub. L. 106-501, Sec. 306(12), (15),

redesignated par. (26) as (18) and, in introductory provisions,

substituted "section 3026(a)(7)" for "section 3026(a)(6)(I)".

Former par. (18) redesignated (13).

Subsec. (a)(19). Pub. L. 106-501, Sec. 306(9), (17), redesignated

par. (30) as (19) and struck out former par. (19) which read as

follows: "The plan shall provide, with respect to education and

training services, assurances that area agencies on aging may enter

into grants and contracts with providers of education and training

services which can demonstrate the experience or capacity to

provide such services (except that such contract authority shall be

effective for any fiscal year only to such extent, or in such

amounts, as are provided in appropriations Acts)."

Subsec. (a)(20). Pub. L. 106-501, Sec. 306(17), redesignated par.

(32) as (20). Former par. (20) redesignated (14).

Subsec. (a)(21). Pub. L. 106-501, Sec. 306(11), (18), added par.

(21) and struck out former par. (21) which read as follows: "The

plan shall provide assurances that the State agency, in carrying

out the State Long-Term Care Ombudsman program under subsection

(a)(12) of this section, will expend not less than the total amount

expended by the agency in fiscal year 1991 in carrying out such a

program under this subchapter."

Subsec. (a)(22). Pub. L. 106-501, Sec. 801(c)(4)(A), substituted

"3026(a)(8)" for "3026(a)(20)".

Pub. L. 106-501, Sec. 306(11), (19), redesignated par. (36) as

(22) and struck out former par. (22) which read as follows: "The

plan shall specify a minimum percentage of the funds received by

each area agency on aging for part B of this subchapter that will

be expended, in the absence of the waiver granted under section

3026(b)(1) of this title, by such area agency on aging to provide

each of the categories of services specified in section 3026(a)(2)

of this title."

Subsec. (a)(23) to (25). Pub. L. 106-501, Sec. 306(21),

redesignated pars. (41), (42), and (44) as (23) to (25),

respectively. Former pars. (23), (24), and (25) redesignated (15)

to (17), respectively.

Subsec. (a)(26). Pub. L. 106-501, Sec. 306(22), added par. (26).

Former par. (26) redesignated (18).

Subsec. (a)(27) to (29). Pub. L. 106-501, Sec. 306(16), struck

out pars. (27) to (29) which read as follows:

"(27) The plan shall provide assurances of consultation and

coordination in planning and provision of in-home services under

section 3030h of this title with State and local agencies and

private nonprofit organizations which administer and provide

services relating to health, social services, rehabilitation, and

mental health services.

"(28) The plan shall provide assurances that if the State

receives funds appropriated under section 3023(e) of this title,

the State agency and area agencies on aging will expend such funds

to carry out part E of this subchapter.

"(29) The plan shall, with respect to the fiscal year preceding

the fiscal year for which such plan is prepared, describe the

methods used to satisfy the service needs of older individuals who

reside in rural areas."

Subsec. (a)(30). Pub. L. 106-501, Sec. 306(17), redesignated par.

(30) as (19).

Subsec. (a)(31). Pub. L. 106-501, Sec. 306(16), struck out par.

(31) which read as follows:

"(31)(A) If 50 percent or more of the area plans in the State

provide for an area volunteer services coordinator, as described in

section 3026(a)(12) of this title, the State plan shall provide for

a State volunteer services coordinator, who shall -

"(i) encourage area agencies on aging to provide for area

volunteer services coordinators;

"(ii) coordinate the volunteer services offered between the

various area agencies on aging;

"(iii) encourage, organize, and promote the use of older

individuals as volunteers to the State;

"(iv) provide technical assistance, which may include training,

to area volunteer services coordinators; and

"(v) promote the recognition of the contribution made by

volunteers to the programs administered under the State plan.

"(B) If fewer than 50 percent of the area plans in the State

provide for an area volunteer services coordinator, the State plan

may provide for the State volunteer services coordinator described

in subparagraph (A)."

Subsec. (a)(32). Pub. L. 106-501, Sec. 306(17), redesignated par.

(32) as (20).

Subsec. (a)(33) to (35). Pub. L. 106-501, Sec. 306(18), struck

out pars. (33) to (35) which read as follows:

"(33) The plan -

"(A) shall include the statement and the demonstration required

by paragraphs (2) and (4) of section 3025(d) of this title; and

"(B) may not be approved unless the Assistant Secretary

approves such statement and such demonstration.

"(34) The plan shall provide an assurance that the State agency

will coordinate programs under this subchapter and subchapter X of

this chapter, if applicable.

"(35) The plan shall -

"(A) provide an assurance that the State agency will pursue

activities to increase access by older individuals who are Native

Americans to all aging programs and benefits provided by the

agency, including programs and benefits under this subchapter, if

applicable; and

"(B) specify the ways in which the State agency intends to

implement the activities."

Subsec. (a)(36). Pub. L. 106-501, Sec. 306(19), redesignated par.

(36) as (22).

Subsec. (a)(37) to (40). Pub. L. 106-501, Sec. 306(20), struck

out pars. (37) to (40) which read as follows:

"(37) The plan shall identify for each fiscal year, the actual

and projected additional costs of providing services under this

subchapter, including the cost of providing access to such

services, to older individuals residing in rural areas in the State

(in accordance with a standard definition of rural areas specified

by the Assistant Secretary).

"(38) The plan shall provide assurances that funds received under

this subchapter will not be used to pay any part of a cost

(including an administrative cost) incurred by the State or an area

agency on aging to carry out a contract or commercial relationship

that is not carried out to implement this subchapter.

"(39) The plan shall provide assurances that preference in

receiving services under this subchapter will not be given by the

area agency on aging to particular older individuals as a result of

a contract or commercial relationship that is not carried out to

implement this subchapter.

"(40) The plan shall provide assurances that if the State

receives funds appropriated under section 3023(g) of this title the

State agency and area agencies on aging will expend such funds to

carry out part G of this subchapter."

Subsec. (a)(41), (42). Pub. L. 106-501, Sec. 306(21),

redesignated pars. (41) and (42) as (23) and (24), respectively.

Subsec. (a)(43). Pub. L. 106-501, Sec. 306(20), struck out par.

(43) which read as follows: "The plan shall provide that the State

agency shall issue guidelines applicable to grievance procedures

required by section 3026(a)(6)(P) of this title."

Subsec. (a)(44). Pub. L. 106-501, Sec. 306(21), redesignated par.

(44) as (25).

Subsec. (f). Pub. L. 106-501, Sec. 801(c)(4)(B), struck out par.

(1) designation before "Neither a State" and struck out par. (2)

which read as follows: "Information disclosed under section

3026(a)(14)(B)(i) of this title or subsection (a)(7)(C)(ii)(I) of

this section may be disclosed to the public by the State agency or

the State only if such information could be disclosed under section

552 of title 5 by an agency of the United States."

1993 - Pub. L. 103-171, Sec. 3(a)(5)(B), substituted "Assistant

Secretary" for "Commissioner" wherever appearing.

Subsec. (a)(8). Pub. L. 103-171, Sec. 2(9)(A)(i), substituted

"knowledgeable" for "knowledgable".

Subsec. (a)(24). Pub. L. 103-171, Sec. 2(9)(A)(ii), substituted

period for semicolon at end.

Subsec. (b)(2). Pub. L. 103-171, Sec. 2(9)(B), substituted "such

requirement" for "the requirement described in clause (3)(B) of

subsection (a) of this section".

Subsecs. (d), (e). Pub. L. 103-171, Sec. 3(a)(5)(A), substituted

"Assistant Secretary's" for "Commissioner's" wherever appearing.

1992 - Subsec. (a). Pub. L. 102-375, Sec. 307(a)(1), (2),

inserted "the succeeding sentence and" after "provided in" in first

sentence and inserted after first sentence "If the Commissioner

determines, in the discretion of the Commissioner, that a State

failed in 2 successive years to comply with the requirements under

this subchapter, then the State shall submit to the Commissioner a

State plan for a 1-year period that meets such criteria, for

subsequent years until the Commissioner determines that the State

is in compliance with such requirements." before "Each such plan

shall comply".

Subsec. (a)(1). Pub. L. 102-375, Sec. 102(b)(10)(F), substituted

"agencies on aging in" for "agencies in".

Subsec. (a)(3)(A). Pub. L. 102-375, Sec. 307(a)(3), inserted "and

transportation services" after "legal assistance" and inserted at

end "To conduct the evaluation, the State agency shall use the

procedures implemented under section 3012(a)(29) of this title."

Subsec. (a)(5). Pub. L. 102-375, Sec. 307(b), inserted at end

"The State agency shall establish and publish procedures for

requesting and conducting such hearing."

Subsec. (a)(7). Pub. L. 102-375, Sec. 307(c), designated existing

provisions as subpar. (A) and added subpars. (B) and (C).

Subsec. (a)(8). Pub. L. 102-375, Sec. 904(a)(13)(A)(i),

substituted "greatest economic need and older individuals with

greatest social need" for "the greatest economic or social needs".

Pub. L. 102-375, Sec. 307(d), inserted at end "In conducting such

evaluations and public hearings, the State agency shall solicit the

views and experiences of entities that are knowledgable about the

needs and concerns of low-income minority older individuals."

Subsec. (a)(9). Pub. L. 102-375, Sec. 102(b)(4), substituted

"information and assistance" for "information and referral" in two

places.

Subsec. (a)(10). Pub. L. 102-375, Sec. 102(b)(5), substituted

"section 3030i of this title" for "section 3030i(1) of this title".

Subsec. (a)(11). Pub. L. 102-375, Sec. 307(e), substituted

"governments - " for "governments, preference shall be given to

individuals aged 60 or older" and added subpars. (A) and (B).

Subsec. (a)(12). Pub. L. 102-375, Sec. 307(f), amended par. (12)

generally, substituting provisions requiring the plan to provide

assurances that a State Long-Term Care Ombudsman program be carried

out in accordance with section 3058g of this title for provisions

setting out, in subpars. (A) to (K), the assurances required to be

provided by the plan with respect to such a program.

Subsec. (a)(13)(A). Pub. L. 102-375, Sec. 904(a)(13)(A)(ii)(I),

(II), substituted "to older individuals" for "to individuals aged

60 or older" and "by older individuals" for "by the elderly".

Subsec. (a)(13)(B). Pub. L. 102-375, Sec. 904(a)(13)(A)(ii)(III),

substituted "subparagraph" for "subclause".

Pub. L. 102-375, Sec. 307(g)(1), inserted "(other than under

section 3023(b)(3) of this title)" after "available under this

subchapter".

Pub. L. 102-375, Sec. 102(b)(10)(C), substituted "area agency on

aging" for "area agency".

Subsec. (a)(13)(F). Pub. L. 102-375, Sec. 307(g)(2), inserted

"dietitians (or individuals with comparable experience)," after

"advice of" and substituted "project will" for "project may".

Subsec. (a)(13)(H). Pub. L. 102-375, Sec. 307(g)(3), struck out

"and" at end.

Pub. L. 102-375, Sec. 102(b)(10)(E), substituted "area agency on

aging" for "area agency" in two places.

Subsec. (a)(13)(I). Pub. L. 102-375, Sec. 904(a)(13)(A)(ii)(IV),

substituted "participating older individuals" for "elderly

participants".

Pub. L. 102-375, Sec. 307(g)(4), substituted semicolon for period

at end.

Pub. L. 102-375, Sec. 102(b)(10)(C), substituted "area agency on

aging" for "area agency".

Subsec. (a)(13)(J) to (M). Pub. L. 102-375, Sec. 307(g)(5), added

subpars. (J) to (M).

Subsec. (a)(14). Pub. L. 102-375, Sec. 102(b)(10)(A), substituted

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

Subsec. (a)(14)(D). Pub. L. 102-375, Sec. 904(a)(13)(A)(iii),

substituted "subparagraph" for "clause".

Subsec. (a)(15)(B). Pub. L. 102-375, Sec. 102(b)(10)(C),

substituted "area agency on aging" for "area agency".

Subsec. (a)(15)(E). Pub. L. 102-375, Sec. 307(h), added subpar.

(E).

Subsec. (a)(16). Pub. L. 102-375, Sec. 307(i), substituted "shall

provide," for "shall provide that" and "provide for a" for ", if

funds are not appropriated under section 3023(g) of this title for

a fiscal year, provide that for such".

Subsec. (a)(16)(B). Pub. L. 102-375, Sec. 904(a)(13)(A)(iv),

substituted "paragraph" for "clause".

Subsec. (a)(18). Pub. L. 102-375, Sec. 307(j), inserted "(one of

whom shall be known as a legal assistance developer)" after

"personnel".

Subsec. (a)(20)(A). Pub. L. 102-375, Sec. 708(c)(4), substituted

"section 3026(a)(2)(A) of this title" for "sections 3026(a)(2)(A)

and 3026(a)(6)(P) of this title".

Subsec. (a)(21). Pub. L. 102-375, Sec. 307(k), amended par. (21)

generally. Prior to amendment, par. (21) read as follows: "The

State plan shall provide that the State agency, from funds allotted

under section 3024(a) of this title for part B of this subchapter

and for paragraph (12) (relating to the State long-term care

ombudsman) shall expend to carry out paragraph (12), for each

fiscal year in which the allotment for part B of this subchapter

for the State is not less than the allotment for fiscal year 1987

for part B of this subchapter for such State, an amount which is

not less than the amount expended from funds received under this

chapter by such State in fiscal year 1987 to carry out paragraph

(12) as in effect before the effective date of the Older Americans

Act Amendments of 1987. This paragraph shall not apply to American

Samoa, Guam, the Virgin Islands, the Trust Territory of the Pacific

Islands, and the Commonwealth of the Northern Mariana Islands."

Subsec. (a)(22). Pub. L. 102-375, Sec. 102(b)(10)(E), substituted

"area agency on aging" for "area agency" in two places.

Subsec. (a)(24). Pub. L. 102-375, Sec. 307(l), amended par. (24)

generally. Prior to amendment, par. (24) read as follows: "The plan

shall provide assurances that the State agency will require

outreach efforts that will -

"(A) identify older individuals who are eligible for assistance

under this subchapter, with special emphasis on older individuals

with greatest economic need (with particular attention to

low-income minority individuals), older individuals with greatest

social need (with particular attention to low-income minority

individuals), and older individuals who reside in rural areas;

and

"(B) inform such individuals of the availability of such

assistance."

Subsec. (a)(30). Pub. L. 102-375, Sec. 307(m), amended par. (30)

generally. Prior to amendment, par. (30) read as follows: "The plan

shall provide assurances that if the State receives funds

appropriated under section 3023(g) of this title, the State agency

and area agencies on aging will expend such funds to carry out part

G of this subchapter."

Subsec. (a)(31). Pub. L. 102-375, Sec. 307(n), amended par. (31)

generally, substituting provisions relating to an area or State

volunteer services coordinator for provisions that State agency

make funds available to eligible area agencies on aging based on

number of older individuals with greatest economic need and

inadequacy of outreach activities and application assistance, that

State agency require area agency to submit application describing

and evaluating activities for which funds were sought, that State

agency distribute to area agencies certain eligibility information,

and that State agency submit to Commissioner a report on

evaluations required to be submitted to it by area agencies.

Subsec. (a)(32) to (44). Pub. L. 102-375, Sec. 307(n), added

pars. (32) to (44).

Subsec. (b)(1). Pub. L. 102-375, Sec. 307(o), inserted before

period at end ", except the Commissioner may not approve such plan

unless the Commissioner determines that the formula submitted under

section 3025(a)(2)(D) of this title complies with the guidelines in

effect under section 3025(a)(2)(C) of this title".

Subsec. (b)(2). Pub. L. 102-375, Sec. 904(a)(13)(B), substituted

"described in paragraph" for "described in clause".

Subsec. (c). Pub. L. 102-375, Sec. 307(p), designated existing

provisions as par. (1) and added pars. (2) and (3).

Subsec. (f). Pub. L. 102-375, Sec. 307(q), (r), redesignated

subsec. (g) as subsec. (f)(1), added subsec. (f)(2), and struck out

former subsec. (f) which related to demonstration projects for

health and nutrition education.

Subsec. (g). Pub. L. 102-375, Sec. 307(r)(1), redesignated

subsec. (g) as subsec. (f)(1).

1988 - Subsec. (a)(3)(A). Pub. L. 100-628 substituted a period

for "; and" at end.

1987 - Subsec. (a). Pub. L. 100-175, Sec. 182(k)(1), substituted

"Each such plan shall comply with all of the following

requirements:" for "Each such plan shall - ".

Subsec. (a)(1), (2). Pub. L. 100-175, Sec. 182(k)(2), (3),

inserted "The plan shall" and substituted a period for semicolon.

Subsec. (a)(3)(A). Pub. L. 100-175, Sec. 182(k)(4)(A), inserted

"The plan shall".

Subsec. (a)(3)(B), (4) to (7). Pub. L. 100-175, Sec.

182(k)(4)(B), (5)-(8), inserted "The plan shall" and substituted a

period for semicolon.

Subsec. (a)(8). Pub. L. 100-175, Sec. 182(k)(9), inserted "The

plan shall" and substituted a period for semicolon.

Pub. L. 100-175, Sec. 132(c)(1), inserted ", including an

evaluation of the effectiveness of the State agency in reaching

older individuals with the greatest economic or social needs, with

particular attention to low-income minority individuals" before

semicolon.

Pub. L. 100-175, Sec. 128, inserted ", and public hearings on,"

after "evaluations of".

Subsec. (a)(9). Pub. L. 100-175, Sec. 182(k)(10), inserted "The

plan shall" and substituted a period for semicolon.

Subsec. (a)(10). Pub. L. 100-175, Sec. 182(k)(11), inserted "The

plan shall" and substituted a period for semicolon.

Pub. L. 100-175, Sec. 140(c)(1), which directed that par. (10) be

amended by substituting "nutrition services, or in-home services

(as defined in section 3030i(1) of this title)" for "including

nutrition services,", was executed by making the substitution for

"or nutrition services," to reflect the probable intent of Congress

and a previous amendment made by Pub. L. 98-459, Sec. 307(a)(2).

See 1984 Amendment note below.

Subsec. (a)(11). Pub. L. 100-175, Sec. 182(k)(12), inserted "The

plan shall" and substituted a period for semicolon.

Subsec. (a)(12). Pub. L. 100-175, Sec. 129(d), amended par. (12)

generally, revising and restating as subpars. (A) to (K) provisions

of former subpars. (A) to (E).

Subsec. (a)(13). Pub. L. 100-175, Sec. 182(k)(13), inserted "The

plan shall", and in subpar. (I) substituted a period for semicolon.

Subsec. (a)(13)(I). Pub. L. 100-175, Sec. 136(c)(1), inserted ",

and to individuals with disabilities who reside at home with and

accompany older individuals who are eligible under this chapter"

before semicolon.

Subsec. (a)(14). Pub. L. 100-175, Sec. 182(k)(14), inserted "The

plan shall", and in subpar. (E) substituted a period for semicolon.

Subsec. (a)(15). Pub. L. 100-175, Sec. 182(k)(15), inserted "The

plan shall", and in subpar. (D) substituted a period for semicolon.

Subsec. (a)(16). Pub. L. 100-175, Sec. 182(k)(16), inserted "The

plan shall", and in subpar. (C) substituted a period for semicolon.

Pub. L. 100-175, Sec. 144(d)(1), substituted ", if funds are not

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

provide that for such fiscal year" for second reference to

"provide".

Subsec. (a)(17) to (19). Pub. L. 100-175, Sec. 182(k)(17)-(19),

inserted "The plan shall" and substituted a period for semicolon.

Subsec. (a)(20). Pub. L. 100-175, Sec. 182(k)(20), inserted "The

plan shall", and in subpar. (B)(ii) substituted a period for ";

and".

Subsec. (a)(20)(A). Pub. L. 100-175, Sec. 155(e)(2)(A),

substituted "sections 3026(a)(2)(A) and 3026(a)(6)(P) of this

title" for "section 3026(a)(2)(A) of this title".

Subsec. (a)(21). Pub. L. 100-175, Sec. 129(e), amended par. (21)

generally. Prior to amendment, par. (21) read as follows: "provide

that the State agency, from funds allotted under section 3024(a) of

this title for part B will use an amount equal to an amount not

less than 1 percent of such allotment or $20,000, whichever is

greater, for the purpose of carrying out the provisions of clause

(12), except that (A) the requirement of this clause shall not

apply in any fiscal year in which a State spends from State or

local sources an amount equal to the amount required to be spent by

this clause; and (B) the provisions of this clause shall not apply

to American Samoa, Guam, the Virgin Islands, the Trust Territory of

the Pacific Islands, and the Commonwealth of the Northern Mariana

Islands."

Subsec. (a)(22). Pub. L. 100-175, Sec. 130(b), added par. (22).

Subsec. (a)(23). Pub. L. 100-175, Sec. 131(b), added par. (23).

Subsec. (a)(24). Pub. L. 100-175, Sec. 132(c)(2), added par.

(24).

Subsec. (a)(25). Pub. L. 100-175, Sec. 136(c)(2), added par.

(25).

Subsec. (a)(26). Pub. L. 100-175, Sec. 138, added par. (26).

Subsec. (a)(27). Pub. L. 100-175, Sec. 140(c)(2), added par.

(27).

Subsec. (a)(28). Pub. L. 100-175, Sec. 141(c), added par. (28).

Subsec. (a)(29). Pub. L. 100-175, Sec. 142, added par. (29).

Subsec. (a)(30). Pub. L. 100-175, Sec. 144(d)(2), added par.

(30).

Subsec. (a)(31). Pub. L. 100-175, Sec. 155(e)(2)(B), added par.

(31).

Subsec. (g). Pub. L. 100-175, Sec. 137(b), added subsec. (g).

1984 - Subsec. (a)(3)(A). Pub. L. 98-459, Sec. 307(a)(1),

substituted "legal assistance" for "legal services".

Subsec. (a)(10). Pub. L. 98-459, Sec. 307(a)(2), substituted

"supportive services or nutrition services" for "supportive

services, including nutrition services", and inserted ", or where

such services are directly related to such State or area agency on

aging's administrative functions, or where such services of

comparable quality can be provided more economically by such State

or area agency on aging".

Subsec. (a)(12)(A). Pub. L. 98-459, Sec. 307(a)(3)(A)-(C),

substituted ", other than an agency or organization which is

responsible" for "which is not responsible", "which is an

association" for "which is not an association", and "which provides

an individual who will, on a full-time basis - " for "which will -

", in provision preceding cl. (i).

Subsec. (a)(12)(A)(iv). Pub. L. 98-459, Sec. 307(a)(3)(D),

substituted "training staff and volunteers" for "training

volunteers".

Subsec. (a)(12)(E). Pub. L. 98-459, Sec. 307(a)(3)(E)-(G), added

subpar. (E).

Subsec. (a)(13)(B). Pub. L. 98-459, Sec. 307(a)(4)(A),

substituted "subclause (H)" for "subparagraph (H)".

Subsec. (a)(13)(C)(i). Pub. L. 98-459, Sec. 307(a)(4)(B),

substituted "solicit voluntary contributions" for "charge

participating individuals".

Subsec. (a)(13)(C)(ii). Pub. L. 98-459, Sec. 307(a)(4)(C),

substituted "voluntary contributions" for "charges".

Subsec. (a)(15). Pub. L. 98-459, Sec. 307(a)(5), substituted

"legal assistance" for "legal services" in provision preceding

subpar. (A).

Subsec. (a)(15)(A). Pub. L. 98-459, Sec. 307(a)(5), substituted

"legal assistance" for "legal services" wherever appearing.

Subsec. (a)(15)(B). Pub. L. 98-459, Sec. 307(a)(6), in amending

subpar. (B) generally, substituted provisions requiring assurances

regarding the furnishing of legal assistance by grantees

administering programs designed to provide legal assistance to

older individuals with social or economic need for provisions

requiring assurances regarding the furnishing of legal services by

grantees who were either recipients of funds under the Legal

Services Corporation Act or who administered programs designed to

provide legal services to all older individuals with social or

economic need.

Subsec. (a)(16) to (18). Pub. L. 98-459, Sec. 307(a)(10), added

pars. (16) to (18). Former pars. (16) to (18) redesignated (19) to

(21), respectively.

Subsec. (a)(19), (20). Pub. L. 98-459, Sec. 307(a)(9),

redesignated former pars. (16) and (17) as (19) and (20),

respectively.

Subsec. (a)(20)(B)(ii). Pub. L. 98-459, Sec. 307(a)(7),

substituted "; and" for the period at the end.

Subsec. (a)(21). Pub. L. 98-459, Sec. 307(a)(9), redesignated

former par. (18) as (21).

Subsec. (a)(21)(B). Pub. L. 98-459, Sec. 307(a)(8), substituted

"Commonwealth of the Northern Mariana Islands" for "Northern

Mariana Islands".

Subsec. (b)(1). Pub. L. 98-459, Sec. 307(b), substituted "the

Commissioner finds" for "he finds".

Subsec. (d). Pub. L. 98-459, Sec. 307(c), substituted "in the

Commissioner's discretion" for "in his discretion", "until the

Commissioner is satisfied" for "until he is satisfied", "Until the

Commissioner is so satisfied" for "Until he is so satisfied", "the

Commissioner shall prescribe" for "he shall prescribe", and "the

provisions of this section" for "the provisions of section 307".

Subsec. (e)(1). Pub. L. 98-459, Sec. 307(d)(1), substituted

"designated by the Commissioner" for "designated by him" and "the

Commissioner's action is based" for "he based his action".

Subsec. (e)(2). Pub. L. 98-459, Sec. 307(d)(2), substituted "set

aside the Commissioner's order" for "set aside his order".

Subsec. (f). Pub. L. 98-459, Sec. 307(e), added subsec. (f).

1981 - Subsec. (a). Pub. L. 97-115, Sec. 7(a), substituted "for a

two-, three-, or four-year period determined by the State agency"

for "for a 3-year period" in provisions preceding par. (1).

Subsec. (a)(3)(A), (10). Pub. L. 97-115, Sec. 3(d), substituted

"supportive services" for "social services".

Subsec. (a)(13)(A). Pub. L. 97-115, Sec. 7(b), substituted "aged

60 or older and to their spouses, and may be made available to

handicapped or disabled individuals who have not attained 60 years

of age but who reside in housing facilities occupied primarily by

the elderly at which congregate nutrition services are provided"

for "aged 60 or older, and to their spouses".

Subsec. (a)(13)(B). Pub. L. 97-115, Sec. 7(c), substituted

"primary consideration shall be given to the provision of meals in

a congregate setting, except that each area agency (i) may award

funds made available under this subchapter to organizations for the

provision of home delivered meals to older individuals in

accordance with the provisions of subpart II of part C, based upon

a determination of need made by the recipient of a grant or

contract entered into under this subchapter, without requiring that

such organizations also provide meals to older individuals in a

congregate setting; and (ii) shall, in awarding such funds, select

such organizations in a manner which complies with the provisions

of subparagraph (H)" for "each project will provide meals in a

congregate setting, except that each such project may provide home

delivered meals based upon a determination of need made by the

recipient of a grant or contract entered into under this

subchapter".

Subsec. (a)(13)(C)(ii). Pub. L. 97-115, Sec. 7(d), inserted ", to

facilitate access to such meals, and to provide other supportive

services directly related to nutrition services" after "the project

involved".

Subsec. (a)(13)(D). Pub. L. 97-115, Secs. 3(d), 7(e), inserted

"in the case of meals served in a congregate setting," before "a

site for such services", substituted "supportive services" for

"social services", and struck out "or home delivered meals are

furnished to eligible individuals who are homebound" after

"transportation to such site is furnished".

Subsec. (a)(13)(I). Pub. L. 97-115, Sec. 7(f), substituted "each

area agency shall establish procedures that will allow nutrition

project administrators the option to offer a meal, on the same

basis as meals are provided to elderly participants, to individuals

providing volunteer services during the meal hours" for "each State

agency may only for fiscal years 1979 and 1980, use not to exceed

20 percent for the amounts allotted under part C to the State for

supportive services, including recreational activities,

informational services, health and welfare counseling, and referral

services, directly related to the delivery of congregate or home

delivered meals, except that the Commissioner may approve an

application from a State to use not to exceed 50 percent of its

amount allotted under part C in areas with unusually high

supportive services costs".

Subsec. (a)(16) to (18). Pub. L. 97-115, Sec. 7(g), added pars.

(16) and (17) and redesignated former par. (16) as (18).

Subsec. (b)(2), (3). Pub. L. 97-115, Sec. 7(h), redesignated par.

(3) as (2). Former par. (2), which related to the authority of the

Commissioner to waive particular requirements of State plans for

fiscal years 1979 and 1980, was struck out.

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by sections 307 and 708(c)(4) 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 sections 307 and 708(c)(4) of Pub. L. 102-375

inapplicable with respect to fiscal year 1992, see section

905(b)(2), (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.

ASSESSMENT OF UNSATISFIED DEMAND FOR SUPPORTIVE SERVICES PROVIDED

AT SENIOR CENTERS AND OTHER SITES

Section 111 of Pub. L. 100-175 directed Commissioner on Aging,

not later than Sept. 30, 1989, to submit to Congress a report

assessing national unmet need for supportive services, nutrition

services, and multipurpose senior centers by summarizing in detail

for each State the results of the most recent evaluation conducted

by the State agency under the then current plan submitted under 42

U.S.C. 3027(a)(3)(A) and containing recommendations of the

Secretary with respect to need for administrative action and

legislation relating to satisfying the demand for supportive

services provided at senior centers and other sites.

STUDY OF OMBUDSMAN PROGRAM

Section 129(b) of Pub. L. 100-175 directed Commissioner on Aging,

not later than Dec. 31, 1989, to conduct a study and submit a

report to Congress concerning involvement in the ombudsman program

established under 42 U.S.C. 3027(a)(12) and its impact upon issues

and problems affecting residents of board and care facilities and

other similar adult care homes who are older individuals as defined

in 42 U.S.C. 3022(10), and the effectiveness of recruiting,

supervising, and retaining volunteer ombudsmen.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1395i-3, 1396r, 3002,

3011, 3012, 3017, 3021, 3024, 3025, 3026, 3029, 3030c-3, 3030d,

3030e, 3030f, 3030m, 3030s-1, 3032i, 3058d of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 3028 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. 3028. Cost of administration of State plans

-STATUTE-

(a) Activities constituting administration; use of excess funds to

supplement cost of administration of area plans; election to pay

costs from sums received for administration of area plans

(1) Amounts available to States under subsection (b)(1) of this

section may be used to make grants to States for paying such

percentages as each State agency determines, but not more than 75

percent, of the cost of the administration of its State plan,

including the preparation of the State plan, the evaluation of

activities carried out under such plan, the collection of data and

the carrying out of analyses related to the need for supportive

services, nutrition services, and multipurpose senior centers

within the State, and dissemination of information so obtained, the

provision of short-term training to personnel of public or

nonprofit private agencies and organizations engaged in the

operation of programs authorized by this chapter, and the carrying

out of demonstration projects of statewide significance relating to

the initiation, expansion, or improvement of services assisted

under this subchapter.

(2) Any sums available to a State under subsection (b)(1) of this

section for part of the cost of the administration of its State

plan which the State determines is not needed for such purpose may

be used by the State to supplement the amount available under

section 3024(d)(1)(A) of this title to cover part of the cost of

the administration of area plans.

(3) Any State which has been designated a single planning and

service area under section 3025(a)(1)(E) of this title covering

all, or substantially all, of the older individuals in such State,

as determined by the Assistant Secretary, may elect to pay part of

the costs of the administration of State and area plans either out

of sums received under this section of out of sums made available

for the administration of area plans under section 3024(d)(1)(A) of

this title, but shall not pay such costs out of sums received or

allotted under both such sections.

(b) Formula for computation of allotment; application for

additional funds; approval of application by Assistant Secretary;

limitation on amount of additional funds; transfer of funds

(1) If for any fiscal year the aggregate amount appropriated

under section 3023 of this title does not exceed $800,000,000, then

(A) except as provided in clause (ii), the greater of 5 percent

of the allotment to a State under section 3024(a)(1) of this

title or $300,000; and

(B) in the case of Guam, American Samoa, the United States

Virgin Islands, the Trust Territory of the Pacific Islands, and

the Commonwealth of the Northern Mariana Islands, the greater of

5 percent of such allotment or $75,000;

shall be available to such State to carry out the purposes of this

section.

(2) If for any fiscal year the aggregate amount appropriated

under section 3023 of this title exceeds $800,000,000, then -

(A) except as provided in clause (ii), the greater of 5 percent

of the allotment to a State under section 3024(a)(1) of this

title or $500,000; and

(B) in the case of Guam, American Samoa, the United States

Virgin Islands, the Trust Territory of the Pacific Islands, and

the Commonwealth of the Northern Mariana Islands, the greater of

5 percent of such allotment or $100,000;

shall be available to such State to carry out the purposes of this

section.

(3)(A) If the aggregate amount appropriated under section 3023 of

this title for a fiscal year does not exceed $800,000,000, then any

State which desires to receive amounts, in addition to amounts

allotted to such State under paragraph (1), to be used in the

administration of its State plan in accordance with subsection (a)

of this section may transmit an application to the Assistant

Secretary in accordance with this paragraph. Any such application

shall be transmitted in such form, and according to such

procedures, as the Assistant Secretary may require, except that

such application may not be made as part of, or as an amendment to,

the State plan.

(B) The Assistant Secretary may approve any application

transmitted by a State under subparagraph (A) if the Assistant

Secretary determines, based upon a particularized showing of need,

that -

(i) the State will be unable to fully and effectively

administer its State plan and to carry out programs and projects

authorized by this subchapter unless such additional amounts are

made available by the Assistant Secretary;

(ii) the State is making full and effective use of its

allotment under paragraph (1) and of the personnel of the State

agency and area agencies designated under section 3025(a)(2)(A)

of this title in the administration of its State plan in

accordance with subsection (a) of this section; and

(iii) the State agency and area agencies on aging of such State

are carrying out, on a full-time basis, programs and activities

which are in furtherance of the objectives of this chapter.

amount requested by a State in its application under subparagraph

(A) which the Assistant Secretary determines has been justified in

such application.

(D) Amounts which any State may receive in any fiscal year under

this paragraph may not exceed three-fourths of 1 percent of the sum

of the amounts allotted under section 3024(a) of this title to such

State to carry out the State plan for such fiscal year.

(E) No application by a State under subparagraph (A) shall be

approved unless it contains assurances that no amounts received by

the State under this paragraph will be used to hire any individual

to fill a job opening created by the action of the State in laying

off or terminating the employment of any regular employee not

supported under this chapter in anticipation of filling the vacancy

so created by hiring an employee to be supported through use of

amounts received under this paragraph.

(4)(A) Notwithstanding any other provision of this subchapter and

except as provided in subparagraph (B), with respect to funds

received by a State and attributable to funds appropriated under

paragraph (1) or (2) of section 3023(b) of this title, the State

may elect to transfer not more than 40 percent of the funds so

received between subpart I and subpart II of part C of this

subchapter, for use as the State considers appropriate to meet the

needs of the area served. The Assistant Secretary shall approve any

such transfer unless the Assistant Secretary determines that such

transfer is not consistent with the objectives of this chapter.

(B) If a State demonstrates, to the satisfaction of the Assistant

Secretary, that funds received by the State and attributable to

funds appropriated under paragraph (1) or (2) of section 3023(b) of

this title, including funds transferred under subparagraph (A)

without regard to this subparagraph, for any fiscal year are

insufficient to satisfy the need for services under subpart I or

subpart II of part C of this subchapter, then the Assistant

Secretary may grant a waiver that permits the State to transfer

under subparagraph (A) to satisfy such need an additional 10

percent of the funds so received by a State and attributable to

funds appropriated under paragraph (1) or (2) of section 3023(b) of

this title.

(i) be not more than one page in length;

(ii) include a request that the waiver be granted;

(iii) specify the amount of the funds received by a State and

attributable to funds appropriated under paragraph (1) or (2) of

section 3023(b) of this title, over the permissible 40 percent

referred to in subparagraph (A), that the State requires to

satisfy the need for services under subpart I or II of part C of

this subchapter; and

(iv) not include a request for a waiver with respect to an

amount if the transfer of the amount would jeopardize the

appropriate provision of services under subpart I or II of part C

of this subchapter.

(5)(A) Notwithstanding any other provision of this subchapter, of

the funds received by a State attributable to funds appropriated

under subsection (a)(1), and paragraphs (1) and (2) of subsection

(b), of section 3023 of this title, the State may elect to transfer

not more than 30 percent for any fiscal year between programs under

part B of this subchapter and part C of this subchapter, for use as

the State considers appropriate. The State shall notify the

Assistant Secretary of any such election.

(B) At a minimum, the notification described in subparagraph (A)

shall include a description of the amount to be transferred, the

purposes of the transfer, the need for the transfer, and the impact

of the transfer on the provision of services from which the funding

will be transferred.

(6) A State agency may not delegate to an area agency on aging or

any other entity the authority to make a transfer under paragraph

(4)(A) or (5)(A).

(7) The Assistant Secretary shall annually collect, and include

in the report required by section 3018(a) of this title, data

regarding the transfers described in paragraphs (4)(A) and (5)(A),

including -

(A) the amount of funds involved in the transfers, analyzed by

State;

(B) the rationales for the transfers;

(5)(A), the effect of the transfers of the provision of services,

including the effect on the number of meals served, under -

(i) subpart I of part C of this subchapter; and

(ii) subpart II of part C of this subchapter; and

(D) in the case of transfers described in paragraph (5)(A) -

(i) in the case of transfers to part B of this subchapter,

information on the supportive services, or services provided

through senior centers, for which the transfers were used; and

(ii) the effect of the transfers on the provision of services

provided under -

(I) part B of this subchapter; and

(II) part C of this subchapter, including the effect on the

number of meals served.

under parts B and C

The amounts of any State's allotment under subsection (b) of this

section for any fiscal year which the Assistant Secretary

determines will not be required for that year for the purposes

described in subsection (a)(1) of this section shall be available

to provide services under part B of this subchapter or part C of

this subchapter, or both, in the State.

-SOURCE-

(Pub. L. 89-73, title III, Sec. 308, as added Pub. L. 95-478, title

I, Sec. 103(b), Oct. 18, 1978, 92 Stat. 1530; amended Pub. L.

97-115, Secs. 3(d), 8, Dec. 29, 1981, 95 Stat. 1597, 1600; Pub. L.

98-459, title III, Sec. 308, Oct. 9, 1984, 98 Stat. 1777; Pub. L.

100-175, title I, Secs. 129(c)(2), 182(l), Nov. 29, 1987, 101 Stat.

935, 966; Pub. L. 102-375, title I, Sec. 102(b)(9)(C), (10)(A),

title III, Sec. 308, title IX, Sec. 904(a)(14), Sept. 30, 1992, 106

Stat. 1202, 1234, 1308; Pub. L. 103-171, Sec. 3(a)(13), Dec. 2,

1993, 107 Stat. 1990; Pub. L. 106-501, title III, Sec. 307, Nov.

13, 2000, 114 Stat. 2245.)

-MISC1-

PRIOR PROVISIONS

A prior section 3028, Pub. L. 89-73, title III, Sec. 308, as

added Pub. L. 93-29, title III, Sec. 301, May 3, 1973, 87 Stat. 44;

Pub. L. 94-135, title I, Secs. 108, 112(c), Nov. 28, 1975, 89 Stat.

717, 719, related to model projects, prior to the general amendment

of this subchapter by Pub. L. 95-478.

Provisions similar to those comprising this section were

contained in Pub. L. 89-73, title III, Sec. 306, as added Pub. L.

93-29, title III, Sec. 301, May 3, 1973, 87 Stat. 43; Pub. L.

94-135, title I, Sec. 107, Nov. 28, 1975, 89 Stat. 716, which was

classified to section 3026 of this title prior to repeal by Pub. L.

95-478.

AMENDMENTS

2000 - Subsec. (b)(4)(A). Pub. L. 106-501, Sec. 307(1)(A)(ii),

substituted "40 percent" for "30 percent".

Pub. L. 106-501, Sec. 307(1)(A)(i), which directed amendment of

subpar. (A) by striking "in its plan under section 3027(a)(13) of

this title regarding Part C of this subchapter," was executed by

striking "in its plan under section 3027(a)(13) regarding part C of

this subchapter," after "the State may elect" to reflect the

probable intent of Congress.

Subsec. (b)(4)(B). Pub. L. 106-501, Sec. 307(1)(B), substituted

"for any fiscal year" for "for fiscal year 1993, 1994, 1995, or

1996" and "to satisfy such need an additional 10 percent of the

funds so received by a State and attributable to funds appropriated

under paragraph (1) or (2) of section 3023(b) of this title." for

"to satisfy such need -

"(i) an additional 18 percent of the funds so received for

fiscal year 1993;

"(ii) an additional 15 percent of the funds so received for

each of the fiscal years 1994 and 1995; and

"(iii) an additional 10 percent of the funds so received for

fiscal year 1996."

Subsec. (b)(4)(C). Pub. L. 106-501, Sec. 307(1)(C), added subpar.

(C).

Subsec. (b)(5). Pub. L. 106-501, Sec. 307(2), added par. (5) and

struck out former par. (5) which authorized election by a State to

transfer funds for fiscal years 1993 through 1996 between programs

under parts B and C of this subchapter, provided for a State to

obtain a need-based waiver to transfer additional funds, and

related to required contents and approval of the application for

such transfer of funds.

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

"Commissioner" wherever appearing.

1992 - Subsec. (a)(3). Pub. L. 102-375, Sec. 308(1), inserted

"been" after "Any State which has".

Subsec. (b)(1)(B), (2)(B). Pub. L. 102-375, Sec. 904(a)(14)(A),

inserted "United States" before "Virgin Islands".

Subsec. (b)(3)(B)(iii). Pub. L. 102-375, Secs. 102(b)(9)(C),

(10)(A), 904(a)(14)(B), inserted "on aging" after "area agencies",

struck out "designated under section 3025 of this title" after

"such State", and substituted "objectives" for "purposes".

Subsec. (b)(4). Pub. L. 102-375, Secs. 308(2)(A), 904(a)(14)(B),

designated existing provisions as subpar. (A), inserted "and except

as provided in subparagraph (B)" after "provision of this

subchapter", substituted "received by a State and attributable to

funds appropriated under paragraph (1) or (2) of section 3023(b) of

this title, the" for "received under section 3023(b)(1) and (2) of

this title, a", "not more than 30 percent of the funds so received"

for "a portion of the funds appropriated", and "objectives" for

"purposes", and added subpar. (B).

Subsec. (b)(5) to (7). Pub. L. 102-375, Sec. 308(2)(B), added

pars. (5) to (7) and struck out former par. (5) which read as

follows:

"(A) Notwithstanding any other provisions of this subchapter and

except as provided in subparagraph (B), with respect to funds

received under subsection (a)(1) and subsection (b) of section 3023

of this title, a State may elect to transfer not more than 20 per

centum of the funds allotted for any fiscal year between programs

under part B and part C of this subchapter, for use as the State

considers appropriate. The State shall notify the Commissioner of

any such election.

"(B) Of the funds received under subsections (a)(1) and (b) of

section 3023 of this title, a State may elect to transfer under

subparagraph (A) not more than 30 percent of the funds allotted for

any fiscal year."

1987 - Subsec. (b)(1). Pub. L. 100-175, Sec. 182(l)(1), (2),

struck designation "(A)" after "(1)" and redesignated former cls.

(i) and (ii) as subpars. (A) and (B), respectively.

Subsec. (b)(2). Pub. L. 100-175, Sec. 182(l)(3), struck

designation "(A)" after "(1)" and redesignated former cls. (i) and

(ii) as subpars. (A) and (B), respectively.

Subsec. (b)(3)(C). Pub. L. 100-175, Sec. 182(l)(4), substituted

"the Commissioner" for "he".

Subsec. (b)(5)(A). Pub. L. 100-175, Sec. 182(l)(5), substituted

"allotted" for "appropriated".

Pub. L. 100-175, Sec. 129(c)(2)(A), substituted "received under

subsection (a)(1)" for "received under subsection (a)".

Subsec. (b)(5)(B). Pub. L. 100-175, Sec. 182(l)(6), substituted

provision that State may elect to transfer not more than 30 percent

of funds allotted for any fiscal year for provision that State may

elect to transfer not more than 27 percent of funds allotted for

fiscal year 1985, not more than 29 percent of funds allotted for

fiscal year 1986, and not more than 30 percent of funds allotted

for fiscal year 1987.

Pub. L. 100-175, Sec. 182(l)(5), substituted "allotted" for

"appropriated".

Pub. L. 100-175, Sec. 129(c)(2)(B), inserted "subsections (a)(1)

and (b) of" after first reference to "under".

1984 - Subsec. (a)(1). Pub. L. 98-459, Sec. 308(a)(1),

substituted "Amounts available to States under subsection (b)(1) of

this section" for "Amounts appropriated under section 3023 of this

title".

Subsec. (a)(2). Pub. L. 98-459, Sec. 308(a)(2), substituted

"available to a State under subsection (b)(1) of this section" for

"received by a State under this section".

Subsec. (b)(1). Pub. L. 98-459, Sec. 308(b)(6), added par. (1).

Former par. (1), which contained provisions, with respect to

allotments to States for State planning, coordination, evaluation,

and administration of State plans, that each State had to be

allotted funds on the basis of its population aged 60 or older as

compared to all States, and specifying minimum amounts for each

State of no less than one-half of 1 percent of appropriations or

$300,000, whichever was greater, and for territories of no less

than one-fourth of 1 percent of appropriations or $75,000,

whichever was greater, was struck out.

Subsec. (b)(2). Pub. L. 98-459, Sec. 308(b)(6), added par. (2).

Former par. (2) redesignated (3).

Subsec. (b)(3). Pub. L. 98-459, Sec. 308(b)(4), (5), redesignated

former par. (2) as (3) and struck out former par. (3) which had

provided that each State would be entitled to an allotment under

this section for any fiscal year in an amount which is not less

than the amount of the allotment to which such State was entitled

under former par. (1) for the fiscal year ending June 30, 1975.

Subsec. (b)(3)(A). Pub. L. 98-459, Sec. 308(b)(1), substituted

"If the aggregate amount appropriated under section 3023 of this

title for a fiscal year does not exceed $800,000,000, then any" for

"Any".

Subsec. (b)(4). Pub. L. 98-459, Sec. 308(b)(2), (4), (5),

redesignated par. (5) as (4), and substituted "unless the

Commissioner determines" for "unless he determines", and struck out

former par. (4) which had provided that the number of individuals

aged 60 or older in any State and in all States had to be

determined by the Commissioner on the basis of the most recent

satisfactory data available to him.

Subsec. (b)(5), (6). Pub. L. 98-459, Sec. 308(b)(3), (5),

redesignated par. (6) as (5), inserted "(A)" after paragraph

designation and "and except as provided in subparagraph (B)", and

added subpar. (B). Former par. (5) redesignated (4).

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

"supportive services" for "social services".

Subsec. (b)(6). Pub. L. 97-115, Sec. 8, added par. (6).

EFFECTIVE DATE OF 1987 AMENDMENT

Amendment by Pub. L. 100-175 effective Oct. 1, 1987, except not

applicable with respect to any area plan submitted under section

3026(a) of this title or any State plan submitted under section

3027(a) of this title and approved for any fiscal year beginning

before Nov. 29, 1987, see section 701(a), (b) of Pub. L. 100-175,

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

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-459 effective Oct. 9, 1984, see section

803(a) of Pub. L. 98-459, set out as a note under section 3001 of

this title.

-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 3024, 3027, 3029, 3030c-3

of this title.

-End-

Descargar

Enviado por:	El remitente no desea revelar su nombre
Idioma:	inglés
País:	Estados Unidos

Palabras clave:

Codificación normativa de EEUU (Estados Unidos)Legislación federal estadounidense # The Public Health and Welfare

Te va a interesar