§3035a. Demonstration projects

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

(1) The Assistant Secretary may, after consultation with the State agency in the State involved, make grants to any public agency or nonprofit private organization or enter into contracts with any agency or organization within such State for paying part or all of the cost of developing or operating nationwide, statewide, regional, metropolitan area, county, city, or community model projects which will demonstrate methods to improve or expand supportive services or nutrition services or otherwise promote the well-being of older individuals. The Assistant Secretary shall give special consideration to the funding of rural area agencies on aging to conduct model projects devoted to the special needs of older individuals residing in rural areas. Such projects shall include alternative health care delivery systems, advocacy and outreach programs, and transportation services.

(2) The Assistant Secretary may, after consultation with the State agency in the State involved, make grants to or enter into contracts with public or private institutions of higher education having graduate programs with capability in public health, the medical sciences, psychology, pharmacology, nursing, social work, health education, nutrition, or gerontology, for the purpose of designing and developing prototype health education and promotion programs for the use of State and area agencies on aging in implementing disease prevention and health promotion programs (including coordinated multidisciplinary research projects on the aging process).

(b) Projects which are to be given special consideration

In making grants and contracts under subsection (a)(1) of this section, the Assistant Secretary shall give special consideration to projects designed to-

(1) meet the supportive services needs of older individuals who are victims of Alzheimer's disease and related disorders with neurological and organic brain dysfunction and their families, including-

(A) home health care for such victims;

(B) adult day health care for such victims; and

(C) homemaker aides, transportation, and in-home respite care for the families, particularly spouses, of such victims;

(2) meet the special health care needs of older individuals, including-

(A) the location of older individuals who are in need of mental health services;

(B) the provision of, or arrangement for the provision of, medical differential diagnoses of older individuals to distinguish between their need for mental health services and other medical care;

(C) the specification of the mental health needs of older individuals, and the mental health and support services required to meet such needs;

(D) the provision of-

(i) the mental health and support services specified in subclause (C) in the communities; or

(ii) such services for older individuals in nursing homes and intermediate care facilities, and training of the employees of such homes and facilities in the provision of such services; and

(E) the identification and provision of services to older individuals with severe disabilities;

(3) assist in meeting the special housing needs of older individuals by-

(A) providing financial assistance to such individuals, who own their own homes, necessary to enable them (i) to make the repairs or renovations to their homes, which are necessary for them to meet minimum standards, and (ii) to install security devices, and to make structural modifications or alterations, designed to prevent unlawful entry; and

(B) studying and demonstrating methods of adapting existing housing, or construction of new housing, to meet the needs of older individuals suffering from physical disabilities;

(4) provide education and training to older individuals designed to enable them to lead more productive lives by broadening the education, occupational, cultural, or social awareness of such older individuals;

(5) provide preretirement education information and relevant services (including the training of personnel to carry out such programs and the conduct of research with respect to the development and operation of such programs) to individuals planning retirement;

(6) meet the special needs of, and improve the delivery of services to, older individuals who are not receiving adequate services under other provisions of this chapter, with emphasis on the needs of low-income, minority, Indian, and limited English-speaking individuals and older individuals residing in rural areas;

(7) develop or improve methods of coordinating all available supportive services for the homebound elderly, blind, and disabled by establishing demonstration projects in ten States, in accordance with subsection (c) of this section;

(8) improve transportation systems for older individuals residing in rural areas;

(9) provide expanded, innovative volunteer opportunities to older individuals which are designed to fulfill unmet community needs, while at the same time avoiding duplication of existing volunteer programs, which may include projects furnishing multigenerational services by older individuals addressing the needs of children, such as-

(A) tutorial services in elementary and special schools;

(B) after school programs for latchkey children; and

(C) voluntary services for child care and youth day care programs;

(10) meet the service needs of older individuals who provide uncompensated care to their adult children with disabilities, for supportive services relating to such care, including-

(A) respite services; and

(B) legal advice, information, and referral services to assist such older individuals with permanency planning for such children;

(11) advance the understanding of the efficacy and benefits of providing music therapy, art therapy, or dance-movement therapy to older individuals through-

(A) projects that-

(i) study and demonstrate the provision of music therapy, art therapy, or dance-movement therapy to older individuals who are institutionalized or at risk of being institutionalized; and

(ii) provide music therapy, art therapy, or dance-movement therapy-

(I) in nursing homes, hospitals, rehabilitation centers, hospices, or senior centers;

(II) through disease prevention and health promotion services programs established under part F of subchapter III of this chapter;

(III) through in-home services programs established under part D of subchapter III of this chapter;

(IV) through multigenerational activities described in section 3027(a)(41)(B) of this title or subpart III of part C of subchapter III of this chapter;

(V) through supportive services described in section 3030d(a)(21) of this title; or

(VI) through disease prevention and health promotion services described in section 3030o(5) of this title; and

(B) education, training, and information dissemination projects, including-

(i) projects for the provision of gerontological training to music therapists, and education and training of individuals in the aging network regarding the efficacy and benefits of music therapy for older individuals; and

(ii) projects for disseminating to the aging network and to music therapists background materials on music therapy, best practice manuals, and other information on providing music therapy to older individuals; and

(12)(A) establish, in accordance with subparagraph (B), nationwide, statewide, regional, metropolitan area, county, city, or community model volunteer service credit projects to demonstrate methods to improve or expand supportive services or nutrition services, or otherwise promote the wellbeing of older individuals;

(B) for purposes of paying part or all of the cost of developing or operating the projects, in the fiscal year, make not fewer than three and not more than five grants to, or contracts with, public agencies or nonprofit private organizations in such State; and

(C) ensure that the projects will be operated in consultation with the Corporation for National and Community Service and will permit older individuals who are volunteers to earn, for services furnished, credits that may be redeemed later for similar volunteer services.

(c) Procedures for identification of persons needing supportive services, compilation of available services, and development of information and referral services

The Assistant Secretary shall consult with the Assistant Secretary ¹ of the Rehabilitation Services Administration, the Assistant Secretary ¹ of the Social Security Administration, and the Surgeon General of the Public Health Service, to develop procedures for-

(1) identifying elderly, blind, and disabled individuals who need supportive services;

(2) compiling a list in each community of all services available to the elderly, blind, and disabled; and

(3) establishing an information and assistance service within the appropriate community agency to-

(A) inform those in need of the availability of such services; and

(B) coordinate the delivery of such services to the elderly, blind, and disabled.

The Assistant Secretary shall establish procedures for administering demonstration projects under subsection (b)(6) of this section not later than 6 months after December 29, 1981. The Assistant Secretary shall report to the Congress with respect to the results and findings of the demonstration projects conducted under this section at the completion of the projects.

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

(1) Whenever appropriate, grants made and contracts entered into under this section shall be developed in consultation with an appropriate gerontology center.

(2)(A) Grants made and contracts entered into under this section shall include provisions for the appropriate dissemination of project results.

(B) An agency or organization that receives a grant or enters into a contract to carry out a project described in subparagraph (A) or (B)(i) of subsection (b)(11) of this section shall submit to the Assistant Secretary a report containing-

(i) the results, and findings based on the results, of such project; and

(ii) the recommendations of the agency or organization, if the agency or organization provided music therapy, regarding means by which music therapy could be made available, in an efficient and effective manner, to older individuals who would benefit from the therapy.

(Pub. L. 89–73, title IV, §422, as added Pub. L. 97–115, §11(a), Dec. 29, 1981, 95 Stat. 1602 ; amended Pub. L. 98–459, title IV, §407, Oct. 9, 1984, 98 Stat. 1784 ; Pub. L. 100–175, title I, §§152, 153, 156(c), 182(o), Nov. 29, 1987, 101 Stat. 951 , 954, 967; Pub. L. 100–628, title VII, §705(8), Nov. 7, 1988, 102 Stat. 3247 ; Pub. L. 102–375, title I, §102(b)(4), title IV, §406, title IX, §904(a)(19), Sept. 30, 1992, 106 Stat. 1201 , 1245, 1308; Pub. L. 103–82, title IV, §405(g)(3), Sept. 21, 1993, 107 Stat. 921 ; Pub. L. 103–171, §3(a)(13), Dec. 2, 1993, 107 Stat. 1990 .)

Codification

In subsec. (c), "December 29, 1981" substituted for "the effective date of this subsection", which probably meant the date of enactment of Pub. L. 97–115 which revised this subchapter generally.

Prior Provisions

A prior section 3035a, Pub. L. 89–73, title IV, §412, as added Pub. L. 93–29, title IV, §401, May 3, 1973, 87 Stat. 47 , related to special comprehensive study and demonstration projects on transportation problems of older Americans, prior to repeal by Pub. L. 95–478, title I, §104(b)(3), Oct. 18, 1978, 92 Stat. 1539 .

A prior section 422 of Pub. L. 89–73, as added by Pub. L. 95–478, title I, §104(c)(1)(C), Oct. 18, 1978, 92 Stat. 1541 , related to special projects in comprehensive long-term care and was classified to section 3035c of this title, prior to the general amendment of this subchapter by Pub. L. 97–115.

Provisions similar to those comprising this section were contained in section 3035b of this title prior to the general amendment of this subchapter by Pub. L. 97–115.

Amendments

1993-Pub. L. 103–171 substituted "Assistant Secretary" for "Commissioner" wherever appearing.

Subsec. (b)(12)(C). Pub. L. 103–82 substituted "the Corporation for National and Community Service" for "the ACTION Agency".

1992-Subsec. (a)(1). Pub. L. 102–375, §904(a)(19)(A), substituted "older individuals residing in rural areas" for "the rural elderly".

Subsec. (a)(2). Pub. L. 102–375, §406(1), substituted "disease prevention and health promotion programs (including coordinated multidisciplinary research projects on the aging process)" for "preventive health service programs".

Subsec. (b)(1). Pub. L. 102–375, §904(a)(19)(B)(i), substituted "older individuals who are" for "elderly".

Subsec. (b)(2). Pub. L. 102–375, §904(a)(19)(B)(ii), substituted "older individuals" for "the elderly".

Subsec. (b)(6). Pub. L. 102–375, §904(a)(19)(B)(iii), substituted "older individuals residing in rural areas" for "the rural elderly".

Subsec. (b)(8). Pub. L. 102–375, §§406(2)(A), 904(a)(19)(B)(iv), substituted "older individuals residing in rural areas" for "the rural elderly" and struck out "and" at end.

Subsec. (b)(9). Pub. L. 102–375, §406(2)(B), substituted "include projects furnishing multigenerational services by older individuals addressing the needs of children, such as-

"(A) tutorial services in elementary and special schools;

"(B) after school programs for latchkey children; and

"(C) voluntary services for child care and youth day care programs;"

for "include-

"(A) projects furnishing intergenerational services by older individuals addressing the needs of children, such as-

"(i) tutorial services in elementary and special schools;

"(ii) after school programs for latch key children;

"(iii) voluntary services for day care center programs; and

"(B) volunteer service credit projects operated in conjunction with the ACTION Agency, permitting elderly volunteers to earn credits for services furnished, which may later be redeemed for similar volunteer services."

Subsecs. (b)(10) to (12). Pub. L. 102–375, §406(2)(C), added pars. (10) to (12).

Subsec. (c)(3). Pub. L. 102–375, §102(b)(4), substituted "information and assistance" for "information and referral".

Subsec. (d)(2). Pub. L. 102–375, §406(3), designated existing provisions as subpar. (A) and added subpar. (B).

1988-Subsec. (b)(1). Pub. L. 100–628, §705(8)(A), which directed the substitution of "Alzheimer's disease and related disorders with neurological and organic brain dysfunction" for "Alzheimers' disease and other neurological and organic disorders of the Alzheimers' type" was executed by making the substitution for "Alzheimers' disease and other neurological and organic brain disorders of the Alzheimers' type", to reflect the probable intent of Congress.

Subsec. (b)(9)(B). Pub. L. 100–628, §705(8)(B), substituted "the ACTION Agency" for "ACTION".

1987-Subsec. (a). Pub. L. 100–175, §152(1), designated existing provision as par. (1) and added par. (2).

Subsec. (b). Pub. L. 100–175, §152(2), substituted "subsection (a)(1) of this section" for "this section".

Subsec. (b)(1). Pub. L. 100–175, §182(o), which directed the substitution of "Alzheimer's disease and related disorders with neurological and organic brain dysfunction" for "Alzheimers' disease and other organic and neurological brain disorders of the Alzheimers' type", could not be executed because that phrase did not appear. See 1988 Amendment note above.

Subsec. (b)(2)(E). Pub. L. 100–175, §156(c), added subpar. (E).

Subsec. (b)(9). Pub. L. 100–175, §153, added par. (9).

1984-Subsec. (a). Pub. L. 98–459, §407(a), inserted a period after "devoted to the special needs of the rural elderly".

Subsec. (b)(1). Pub. L. 98–459, §407(b)(2), added par. (1). Former par. (1) redesignated (2).

Subsec. (b)(2). Pub. L. 98–459, §407(b)(1), redesignated former par. (1) as (2). Former par. (2) redesignated (3).

Subsec. (b)(2)(D)(i). Pub. L. 98–459, §407(b)(3), substituted "subclause (C)" for "clause (C)".

Subsec. (b)(3) to (8). Pub. L. 98–459, §407(b)(1), redesignated former pars. (2) to (7) as (3) to (8), respectively.

Subsec. (d). Pub. L. 98–459, §407(c), added subsec. (d).

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.

¹ So in original. Probably should be "Commissioner". See 1993 Amendment note below.