CHAPTER 35-PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER I-DECLARATION OF OBJECTIVES AND DEFINITIONS

        

SUBCHAPTER II-ADMINISTRATION ON AGING

        

(a)

Function and operation.

(b)

Appointment of Assistant Secretary.

(c)

Office for American Indian, Alaskan Native, and Native Hawaiian Programs; Director.

(d)

Office of Long-Term Care Ombudsman Programs.

        

(a)

Duties and functions of Administration.

(b)

Policy alternatives in long-term care.

(c)

Encouragement by Assistant Secretary of program and activity by voluntary social services group; establishment of and technical assistance to State and area volunteer coordinators.

(d)

National Center on Elder Abuse.

(e)

National Aging Information Center.

        

(a)

Establishment; membership; term; representation of interests; qualification; previously appointed members.

(b)

Appointment of class 1, class 2, and class 3 members; vacancies; compensation and travel expenses.

(c)

Chairperson; meetings.

(d)

Duties of Federal Council on the Aging.

(e)

Staff, information, and other assistance.

(f)

Reports to President; transmittal to Congress.

(g)

Authorization of appropriations.

        

(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.

(c)

Regulations; notice and comment.

(d)

Publication of goals.

(e)

Authorization of appropriations.

        

(a)

Authority of Secretary; scope of evaluation; persons conducting evaluation.

(b)

General standards.

(c)

Opinions of program and project 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)

Evaluation of nutritional services; establishment of advisory council; report on recommendations and final guidelines to the President and Congress.

(h)

Funds.

        

(a)

Annual report.

(b)

Report on ombudsman program.

(c)

Outreach activities; report on evaluations to be included in annual report.

        

(a)

Administration.

(b)

Salaries and expenses.

SUBCHAPTER III-GRANTS FOR STATE AND COMMUNITY PROGRAMS ON AGING

Part A-General Provisions

        

(a)

Congressional declaration of purpose.

(b)

Administration of program.

(c)

Ombudsman program.

        

(a)

Formula for computation of amount.

(b)

Unused funds.

(c)

Withholding of funds; disbursement.

(d)

Costs of administration, ombudsman program, demonstration projects, supportive services, senior centers and nutrition services; payment and determination of non-Federal share.

(e)

Volunteer services coordinator.

        

(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.

(c)

Eligible State area agencies; development of area; preferred area agency on aging designees.

(d)

Publication for review and comment; contents.

        

(a)

Preparation and development by area agency on aging; requirements.

(b)

Waiver of requirements; notice and hearing; opportunity to testify; record.

(c)

Transportation services; funds.

(d)

Confidentiality of information relating to legal assistance.

(e)

Withholding of area funds.

        

(a)

Criteria for eligibility; contents.

(b)

Approval by Assistant Secretary; waiver of requirements.

(c)

Notice and hearing prior to disapproval.

(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; protection of commercial information.

        

(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.

(c)

Availability of funds under this section to provide services under parts B and C.

        

(a)

Advances or reimbursement; installments; assistance in development of State plan.

(b)

Matching funds; percentage limitation.

(c)

Reduction of State allotment.

        

(a)

Application; limitations.

(b)

Setting aside of funds by Assistant Secretary.

(c)

Effect on other laws.

        

(a)

Donation of products; amount of assistance.

(b)

Cash payments in lieu of food commodities.

(c)

Authorization of appropriations; final reimbursement claims; reduction of cents-per-meal level.

(d)

Dissemination of information.

        

Part B-Supportive Services

        

Part C-Nutrition Services

subpart i-congregate nutrition services

        

subpart ii-home delivered nutrition services

        

subpart iii-school-based meals for volunteer older individuals and multigenerational programs

        

(a)

In general.

(b)

Federal share.

        

(a)

Contents of application.

(b)

Selection among applicants.

        

(a)

Reports by States.

(b)

Reports by Assistant Secretary.

subpart iv-general provisions

        

Part D-In-Home Services for Frail Older Individuals

        

Part E-Additional Assistance for Special Needs of Older Individuals

        

Part F-Disease Prevention and Health Promotion Services

        

(a)

Grants to States.

(b)

Community organizations and agencies.

        

Part G-Supportive Activities for Caretakers Who Provide In-Home Services to Frail Older Individuals

        

SUBCHAPTER IV-TRAINING, RESEARCH, AND DISCRETIONARY PROJECTS AND PROGRAMS

        

(a)

Administration.

(b)

Technical assistance and cooperation.

(c)

Minorities.

(d)

Consultation.

(e)

Evaluation and compliance.

Part A-Education and Training

        

(a)

Purposes.

(b)

Educational activities; inservice training.

(c)

Recruitment and training of personnel; Alzheimer's disease and related disorders.

(d)

Data on number of individuals to be trained and number of older individuals to be served.

(e)

Grants and contracts for training of service providers.

        

Part B-Research, Demonstrations, and Other Activities

        

(a)

Authority to make grants or enter into contracts.

(b)

Policy or practical application statement.

(c)

Selection criteria.

        

(a)

Authority to make grants or enter into contracts for model projects and for development of prototype health education and promotion programs.

(b)

Projects which are to be given special consideration.

(c)

Procedures for identification of persons needing supportive services, compilation of available services, and development of information and referral services.

(d)

Development of grants and contracts in consultation with gerontology centers; dissemination of project results; reports on music, art, and dance-movement therapy projects.

        

(a)

Definitions.

(b)

Resource Centers.

(c)

Projects.

(d)

Use of funds.

(e)

Preference.

(f)

Application.

(g)

Eligible entities.

(h)

Report.

(i)

Availability of funds.

        

(a)

Authority to make grants or enter into contracts.

(b)

Requisite assurances.

(c)

Grants or contracts with national nonprofit legal assistance organizations.

        

(a)

Authority to make grants or enter into contracts.

(b)

Use of appropriated funds.

        

(a)

Grants; uses.

(b)

Application; contents.

(c)

Geographic distribution of assistance.

(d)

Report on evaluations; contents; recommendations.

(e)

Nature of projects; prohibition.

        

(a)

Grants and contracts.

(b)

Use of funds.

(c)

Awards.

(d)

Application.

(e)

Eligible organizations.

(f)

Local evaluation and report.

(g)

Report to Congress.

(h)

"Multigenerational activity" defined.

        

(a)

Grants.

(b)

Use of grants.

(c)

Award of grants.

(d)

Application.

(e)

Eligible agencies.

(f)

Guidelines.

(g)

Evaluations and reports.

        

(a)

Definitions.

(b)

Service grants.

(c)

Technical resource center.

        

(a)

Grants.

(b)

Application.

(c)

Guidelines.

(d)

Evaluation and report.

        

(a)

Establishment.

(b)

Use of funds.

(c)

Award of grants.

(d)

Application.

(e)

Eligible entities.

(f)

Report.

        

(a)

Establishment.

(b)

Functions.

(c)

Preference.

(d)

Consultation.

(e)

Eligible entities.

(f)

Report to Congress.

        

(a)

Definitions.

(b)

Establishment.

(c)

Use of funds.

(d)

Application.

        

(a)

Housing ombudsman demonstration programs.

(b)

Foreclosure and eviction assistance and relief services demonstration programs.

(c)

Evaluations and reports.

        

(a)

Grants.

(b)

Award of grants and contracts.

(c)

Monitoring.

        

(a)

Grants.

(b)

Definitions.

        

(a)

Definitions.

(b)

Establishment.

(c)

Pension rights information programs.

(d)

Training program.

(e)

Duration.

(f)

Report to Congress.

(g)

Administrative expenses.

Part C-General Provisions

        

(a)

Contributions of recipients.

(b)

Adjustments; advances or reimbursement; installments; conditions.

(c)

Consultation with designated State agency as prerequisite to grant or contract.

        

(a)

Grants and contracts; nondelegation of authority.

(b)

Annual report to Congress.

(c)

Evaluation of programs.

SUBCHAPTER V-MULTIPURPOSE SENIOR CENTERS

Part A-Acquisition, Alteration, or Renovation of Multipurpose Senior Centers

        

Part B-Initial Staffing of Multipurpose Senior Centers

        

SUBCHAPTER VI-NATIONAL OLDER AMERICANS VOLUNTEER PROGRAM

        

SUBCHAPTER VII-NUTRITION PROGRAM FOR THE ELDERLY

        

SUBCHAPTER VIII-GENERAL PROVISIONS

        

SUBCHAPTER IX-COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS

        

(a)

Employment.

(b)

Authority of Secretary; execution of agreements with terms and conditions for furthering purposes and goals of program; regulations for execution of subchapter provisions; development of alternatives for innovative work modes; creation of job opportunities; Senior Environmental Employment Corps.

(c)

Authority of Secretary; project costs; non-Federal share; administration costs.

(d)

Project and program distribution review; notice and opportunity for hearing.

(e)

Second career training and job placement experimental projects; equitable geographic distribution; project criteria; evaluation of program; interim and final reports.

        

(a)

Consideration of needs of localities, employment situation and skills of eligible participants, and potential projects and number and percentage of eligible individuals in local population; coordination of programs by Secretary of Labor.

(b)

Coordination of Older American Community Service Employment Program with other Federal programs; prohibition against use of appropriations under this chapter for other Federal programs; distribution of information relating to age discrimination.

(c)

Use of services, equipment, personnel, and facilities of Federal and other agencies; cooperation with other public and private agencies in such use.

(d)

Payments; advances; reimbursement; installments.

(e)

Delegation of functions prohibited.

(f)

Senior Environmental Employment Corps and energy conservation projects.

        

(a)

Assistant Secretary for Aging.

(b)

Director of Office of Community Services; Secretary of Health and Human Services; other Federal agencies.

(c)

Administrator of Environmental Protection Agency; Secretary of Energy.

(d)

Secretary of Education.

        

(a)

Reservation of appropriations; national activities based on level of activities in fiscal year 1978; equitable distribution of aggregate activities; transitional employment funds; allotment of excess appropriations based on amount appropriated in fiscal year 1991; allotment formula; preferences in awards; demographics.

(b)

Reallotments.

(c)

Equitable distribution of assistance.

(d)

Compliance reports by State agencies.

        

SUBCHAPTER X-GRANTS FOR NATIVE AMERICANS

        

Part A-Indian Program

        

(a)

Approval criteria; provisions and assurances.

(b)

Population statistics development.

(c)

Approval by Assistant Secretary.

(d)

Disapproval by Assistant Secretary.

(e)

Funds per year.

        

(a)

Maintenance of 1991 amounts.

(b)

Use of additional amounts appropriated.

        

(a)

Multipurpose senior centers.

(b)

Applications; submission; contents.

Part B-Native Hawaiian Program

        

(a)

Approval criteria; provisions and assurances.

(b)

Approval by Assistant Secretary.

(c)

Disapproval by Assistant Secretary.

(d)

Funds per year.

        

Part C-General Provisions

        

SUBCHAPTER XI-ALLOTMENTS FOR VULNERABLE ELDER RIGHTS PROTECTION ACTIVITIES

Part A-State Provisions

subpart i-general state provisions

        

(a)

Ombudsman program.

(b)

Prevention of elder abuse, neglect, and exploitation.

(c)

State elder rights and legal assistance development program.

(d)

Outreach, counseling, and assistance program.

        

(a)

In general.

(b)

Reallotment.

(c)

Withholding.

        

(a)

Eligibility.

(b)

Privilege.

        

(a)

Establishment.

(b)

Benefits.

subpart ii-ombudsman programs

        

(a)

Establishment.

(b)

Procedures for access.

(c)

Reporting system.

(d)

Disclosure.

(e)

Consultation.

(f)

Conflict of interest.

(g)

Legal counsel.

(h)

Administration.

(i)

Liability.

(j)

Noninterference.

        

subpart iii-programs for prevention of elder abuse, neglect, and exploitation

        

(a)

Establishment.

(b)

Use of allotments.

(c)

Approach.

(d)

Coordination.

(e)

Requirements.

(f)

Designation.

subpart iv-state elder rights and legal assistance development program

        

(a)

Establishment.

(b)

Functions.

subpart v-outreach, counseling, and assistance program

        

(a)

Definitions.

(b)

Establishment.

(c)

Insurance and public benefits.

(d)

Administration.

(e)

Maintenance of effort.

(f)

Coordination.

Part B-Native American Organization Provisions

        

(a)

Establishment.

(b)

Application.

(c)

Eligible entity.

(d)

Authorization of appropriations.

Part C-General Provisions

        

(a)

Other agencies.

(b)

Assistant Secretary.

        

(a)

Access.

(b)

Limitation.

Chapter Referred to in Other Sections

This chapter is referred to in sections 1395b–4, 1760, 4913, 6024, 6042, 8004, 11292, 11701, 14404 of this title; title 7 sections 1431, 1431e, 7501; title 29 sections 794e, 1732, 2942.