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
SUBCHAPTER I—DECLARATION OF OBJECTIVES AND DEFINITIONS
§3001. Congressional declaration of objectives
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.
(
Amendments
1992—Par. (4).
Par. (8).
1987—
Par. (3).
Par. (7).
Par. (10).
1984—Par. (4).
Par. (8).
Par. (10).
1981—Par. (7).
1978—Par. (8).
1973—Par. (8).
Effective Date of 1992 Amendment
"(1) sections 303(a)(2), 303(a)(3), 304 (excluding paragraphs (1) and (2) of subsection (a)), 305, 306, 307, and 317 [enacting
"(2) title VII [enacting
of the Older Americans Act Amendments of 1992 (
Section 905 of
"(a)
"(b)
"(1)
"(2)
"(3)
"(4)
"(5)
"(6)
Effective Date of 1987 Amendment
Section 701 of
"(a)
"(b)
"(1) any area plan submitted under section 306(a) of the Older Americans Act of 1965 [
"(2) any State plan submitted under section 307(a) of such Act [
and approved for any fiscal year beginning before the date of the enactment of this Act [Nov. 29, 1987].
"(c)
Effective Date of 1984 Amendment
Section 803 of
"(a) Except as provided in subsection (b), this Act and the amendments made by this Act [enacting
"(b)(1) The amendment made by section 206(a) [amending
"(2) The amendment made by section 206(d) [amending
"(3) The amendment made by section 411(b) [amending
"(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
Short Title of 1993 Amendment
Short Title of 1992 Amendment
Section 1(a) of
Short Title of 1987 Amendment
Section 1 of
Short Title of 1986 Amendment
Short Title of 1984 Amendment
Section 1 of
Short Title of 1981 Amendment
Section 1(a) of
Short Title of 1978 Amendment
Section 1(a) of
Short Title of 1975 Amendment
Short Title of 1973 Amendment
Section 1 of
Short Title of 1967 Amendment
Short Title
Section 1 of
Regulations
Section 902 of
Study of Effectiveness of State Long-Term Care Ombudsman Programs
Section 211 of
"(1) the availability of services, and the unmet need for services, under the State Long-Term Care Ombudsman programs in effect under sections 307(a)(12) and 712 [
"(2) the effectiveness of the programs in providing the services to the residents, including residents of board and care facilities (as defined in section 102 of such Act) and of similar adult care facilities;
"(3) the adequacy of Federal and other resources available to carry out the programs on a statewide basis in each State;
"(4) compliance and barriers to such compliance of the States in carrying out the programs;
"(5) any actual and potential conflicts of interest in the administration and operation of the programs; and
"(6) the need for and feasibility of providing ombudsman services to older individuals (as defined in section 102 of such Act) who are not in long-term care facilities and who use long-term care services and other health care services, by analyzing and assessing current State agency practices in programs in which the State Long-Term Care Ombudsmen provide services to older individuals in settings in addition to long-term care facilities, taking into account variations in—
"(A) settings where services are provided;
"(B) the types of clients served;
"(C) the types of complaints and problems handled;
"(D) State regulation of long-term care provided in settings other than long-term care facilities; and
"(E) possible conflicts of interest between the State Long-Term Care Ombudsman programs under such Act [
Study on Board and Care Facility Quality
Section 212 of
"(a)
"(b)
"(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)
"(1)
"(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)
"(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)
"(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)
"(A)
"(B)
"(C)
"(d)
"(e)
"(1)
"(2)
"(f)
"(g)
"(h)
Study on Home Care Quality
Section 213 of
"(a)
"(b)
"(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)
"(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 [
"(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)
"(e)
"(1)
"(2)
"(f)
"(g)
Long-Term Health Care Workers
Subtitle A of title VIII of
"SEC. 801. DEFINITIONS.
"As used in this subtitle:
"(1)
"(2)
"(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)
"(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)
"(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 (
"(ii) the number of beds at the facility; and
"(iii) the ratio of the aides to residents of the facility.
"SEC. 803. REPORTS.
"(a)
"(1)
"(A)
"(B)
"(i)
"(ii)
"(2)
"(A)
"(B)
"(3)
"(b)
"(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 [
"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
White House Conference on Aging
Title II of
"SEC. 201. WHITE HOUSE CONFERENCE AUTHORIZED.
"(a)
"(1) the number of individuals 55 years of age or older was approximately 52,923,000 in 1990, and will, by the year 2040, be approximately 103,646,000,
"(2) more than 1 of every 8 persons 55 years of age or older will be hospitalized during the next year,
"(3) the out-of-pocket costs to older individuals for health care increased from 12.3 percent in 1977 to 18.2 percent in 1988,
"(4) there is a great need to ensure access and the quality of affordable health care to all older individuals,
"(5) the need for a comprehensive and responsive long-term care delivery system is great,
"(6) the availability and cost of suitable housing, together with suitable services needed for independent or semi-independent living, still cause concern to older individuals,
"(7) the ability to lead an independent or semi-independent life is contingent, in many cases, upon the availability of a comprehensive and effective social service system for older individuals,
"(8) the availability and access to opportunities for continued productivity and employment is of great importance to middle-aged and older individuals who want or need to work,
"(9) the fulfillment, dignity, and satisfaction of retirees still depend on the continuing development of a consistent national retirement policy,
"(10) there is a continuing need to maintain and preserve the national policy with respect to increasing, coordinating, and expediting biomedical and other appropriate research directed at determining the causes and effects of the aging process,
"(11) false stereotypes about aging and the process of aging continue to be prevalent throughout the United States and policies should be nurtured to overcome such stereotypes, and
"(12) the talents and experience of older individuals represent a valuable community resource which should be developed and more widely shared within the local community.
"(b)
"(1) the Federal Government should work jointly with the States and their citizens to develop recommendations and plans for action to meet the challenges and needs of older individuals, consistent with the objectives of this section, and
"(2) in developing programs for the aging pursuant to this section emphasis should be directed toward individual, private, and public initiatives and resources intended to enhance the economic security and self-sufficiency of elder Americans.
"SEC. 202. AUTHORIZATION OF THE CONFERENCE.
"(a)
"(b)
"(c)
"(1) to increase the public awareness of the interdependence of generations and the essential contributions of older individuals to society for the well-being of all generations;
"(2) to identify the problems facing older individuals and the commonalities of the problems with problems of younger generations;
"(3) to examine the well-being of older individuals, including the impact the wellness of older individuals has on our aging society;
"(4) to develop such specific and comprehensive recommendations for executive and legislative action as may be appropriate for maintaining and improving the well-being of the aging;
"(5) to develop recommendations for the coordination of Federal policy with State and local needs and the implementation of such recommendations; and
"(6) to review the status and multigenerational value of recommendations adopted at previous White House Conferences on Aging.
"(d)
"(1)
"(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)
"SEC. 203. CONFERENCE ADMINISTRATION.
"(a)
"(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) furnish all reasonable assistance, including financial assistance, to State agencies on the aging and to area agencies on the aging, and to other appropriate organizations (including organizations representing older Indians), to enable them to organize and conduct conferences in conjunction with the Conference,
"(4) 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),
"(5) prepare and make available background materials for the use of delegates to the Conference which the Secretary deems necessary, and
"(6) engage such additional personnel as may be necessary to carry out the provisions of this section without regard to provisions of
"(b)
"(1) the conferences under subsection (a)(3) shall—
"(A) include a conference on older Indians to identify conditions that adversely affect older Indians, to propose solutions to ameliorate such conditions, and to provide for the exchange of information relating to the delivery of services to older Indians, and
"(B) be so conducted as to assure broad participation of older individuals,
"(2) the agenda prepared under subsection (a)(4) 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,
"(3) the personnel engaged under subsection (a)(6) shall be fairly balanced in terms of points of views represented and shall be appointed without regard to political affiliation or previous partisan activities,
"(4) 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
"(5) 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)
"(d)
"(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. 204. POLICY COMMITTEE; RELATED COMMITTEES.
"(a)
"(1)
"(A)
"(i) 3 members who are officers or employees of the United States; and
"(ii) 10 members with experience in the field of aging, who may include representatives of public aging agencies, institution-based organizations, and minority aging organizations.
"(B)
"(C)
"(D)
"(2)
"(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;
"(C) make recommendations for participants and delegates of the Conference;
"(D) establish the number of delegates to be selected under section 202(d)(2); and
"(E) formulate and approve the initial report of the Conference in accordance with section 205.
"(3)
"(A)
"(B)
"(C)
"(b)
"(1)
"(2)
"(c)
"(d)
"SEC. 205. REPORT OF THE CONFERENCE.
"(a)
"(b)
"(c)
"(1)
"(2) Not later than 60 days after such initial report is transmitted by the Policy Committee, the Secretary shall publish such initial report in the Federal Register. The Secretary may republish a final report together with such additional views and recommendations as the Secretary considers to be appropriate.
"(d)
"SEC. 206. 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 (
"(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. 207. AUTHORIZATION OF APPROPRIATIONS.
"(a)
"(1)
"(2)
"(b)
"(1)
"(2)
"(3)
[For termination of Trust Territory of the Pacific Islands, see note set out preceding
[Section 837 of
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, §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.
§3002. Definitions
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, the Commonwealth of the Northern Mariana Islands, and the Trust Territory of the Pacific 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 (
(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 "Trust Territory of the Pacific Islands" includes the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau.
(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
(C) has a disability.
(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
(18) 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.
(19) The term "board and care facility" means an institution regulated by a State pursuant to
(20) 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.
(21) 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.
(22) 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.
(23) 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.
(24) The term "elder abuse" means abuse of an older individual.
(25) The term "elder abuse, neglect, and exploitation" means abuse, neglect, and exploitation, of an older individual.
(26) 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.
(27) The term "focal point" means a facility established to encourage the maximum collocation and coordination of services for older individuals.
(28) 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.
(29) The term "greatest economic need" means the need resulting from an income level at or below the poverty line.
(30) The term "greatest social need" means the need caused by noneconomic factors, which include—
(A) physical and mental disabilities;
(B) language barriers; and
(C) cultural, social, or geographical isolation, including 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.
(31) 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;
(C) links the individuals to the opportunities and services 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.
(32) The term "institution of higher education" has the meaning given the term in
(33) 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.
(34) The term "long-term care facility" means—
(A) any skilled nursing facility, as defined in
(B) any nursing facility, as defined in
(C) for purposes of
(D) any other adult care home similar to a facility or institution described in subparagraphs (A) through (C).
(35) 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.
(36) 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.
(37) 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.
(38) The term "older individual" means an individual who is 60 years of age or older.
(39) The term "physical harm" means bodily injury, impairment, or disease.
(40) The term "planning and service area" means an area designated by a State agency under
(41) 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
(42) 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.
(43) The term "State agency" means the agency designated under
(44) The term "supportive service" means a service described in
(
References in Text
The Alaska Native Claims Settlement Act, referred to in par. (6), is
Amendments
1998—Par. (32).
1993—Par. (2).
Par. (3).
1992—Par. (2).
Pars. (13) to (44).
1988—Par. (10).
Par. (11).
Par. (12).
1987—Par. (1).
Par. (3).
Par. (8).
Par. (9).
1981—Par. (1).
Par. (3).
Pars. (6), (7).
1978—Par. (1).
Pars. (4) to (7).
1975—Par. (1).
Pars. (4) to (6). Pub. 94–135, §104(b), added pars. (4) to (6).
1969—Par. (3).
1967—Par. (2).
Par. (4).
Effective Date of 1998 Amendment
Amendment by
Effective Date of 1987 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Termination of Trust Territory of the Pacific Islands
For termination of Trust Territory of the Pacific Islands, see note set out preceding
Section Referred to in Other Sections
This section is referred to in
§3003. Congressional declaration of additional objectives
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.
(
References in Text
This Act, referred to in text, means
Codification
Section was not enacted as part of the Older Americans Act of 1965 which comprises this chapter.
Amendments
1981—Par. (1).
SUBCHAPTER II—ADMINISTRATION ON AGING
§3011. Establishment of Administration on Aging
(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.
(c) Office for American Indian, Alaskan Native, and Native Hawaiian 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
(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;
(C) coordinate activities between other Federal departments and 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
(ii) the adequacy of State budgets and policies relating to the programs;
(C) after consultation with State Long-Term Care Ombudsmen and 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
(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
(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
(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
(
Amendments
1993—Subsec. (a).
Subsec. (b).
Subsec. (c)(2).
Subsec. (c)(3).
Subsec. (d)(2).
Subsec. (d)(3).
1992—Subsec. (a).
Subsec. (c)(1).
Subsec. (c)(3)(A)(i).
Subsec. (c)(3)(B).
Subsec. (c)(3)(E).
Subsec. (c)(3)(F).
Subsec. (c)(3)(G).
Subsec. (c)(3)(I), (J).
Subsec. (d).
1987—Subsec. (a).
Subsec. (c).
1984—Subsec. (a).
1978—Subsec. (a).
1974—Subsec. (a).
1973—Subsec. (a).
Subsec. (b).
Change of Name
Section 3(c) of
Effective Date of 1987 Amendment
Amendment by
Effective Date of 1984 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Modification of Delegation of Functions of Commissioner on Aging in Effect on July 12, 1974
Section 2(b) of
Section Referred to in Other Sections
This section is referred to in
§3012. Functions of Assistant Secretary
(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) 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 [
(10) develop basic policies and set priorities with respect to the development and operation of programs and activities conducted under authority of this chapter;
(11) coordinate Federal programs and activities related to such purposes;
(12) 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;
(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;
(15) 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 [
(16) 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;
(17) 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;
(18) 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;
(19) 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
(C) the extent to which each area agency on aging designated under
(20) obtain from—
(A) the Department of Agriculture information explaining the requirements for eligibility to receive benefits under the Food Stamp Act of 1977 [
(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 [
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;
(21)(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 1990;
(22) 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 include in such regulations a requirement that as a condition of being designated as an area agency on aging such agency shall—
(A) disclose to the Assistant Secretary and the State agency involved—
(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;
(B) demonstrate that a loss or diminution in the quantity or quality of the services provided, or to be provided, under this chapter by such agency has not resulted and will not result from such contract or such relationship;
(C) demonstrate that the quantity or quality of the services to be provided under this chapter by such agency will be enhanced as a result of such contract or such relationship; and
(D) 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 received or expended to provide services to older individuals;
(23) 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 (
(24) establish information and assistance services as priority services for older individuals;
(25) develop guidelines for area agencies on aging to follow in choosing and evaluating providers of legal assistance;
(26) develop guidelines and a model job description for choosing and evaluating legal assistance developers referred to in
(27)(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;
(28) 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;
(29) 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;
(C) a participant identification and description system;
(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
(30) 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.
(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 [
(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.
(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
(1) 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.
(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
(ii) State volunteer service coordinators, as described in
(B) The Assistant Secretary shall provide technical assistance to the area and State volunteer services coordinators.
(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;
(C) compile, publish, and disseminate training materials for 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.
(C) The Assistant Secretary shall—
(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 1990.
(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 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;
(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
(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.
(C) Entities eligible to receive a grant or enter into a contract 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.
(
References in Text
The Age Discrimination in Employment Act of 1967, referred to in subsec. (a)(9), (15), is
The National Housing Act, referred to in subsec. (a)(15), is act June 27, 1934, ch. 847,
The Food Stamp Act of 1977, referred to in subsec. (a)(20)(A), (23), is
The Social Security Act, referred to in subsecs. (a)(20)(B), (23), and (b)(1), is act Aug. 14, 1935, ch. 531,
Amendments
1993—
Subsec. (a)(13).
Subsec. (a)(18).
Subsec. (a)(21)(A).
Subsec. (a)(22)(A), (D).
Subsec. (a)(27)(C).
Subsecs. (a)(30), (b), (c).
Subsec. (c)(1).
Subsecs. (d), (e).
Subsec. (e)(1)(A)(iv).
1992—Subsec. (a)(1).
Subsec. (a)(3).
Subsec. (a)(11).
Subsec. (a)(13).
Subsec. (a)(15).
Subsec. (a)(16), (17).
Subsec. (a)(18).
Subsec. (a)(19)(A).
Subsec. (a)(20).
Subsec. (a)(21) to (30).
Subsec. (b)(1).
Subsec. (b)(3).
Subsec. (b)(4).
Subsec. (c).
Subsec. (d).
Subsec. (e).
1987—Subsec. (a)(5).
Subsec. (a)(19), (20).
Subsec. (b)(1).
1984—Subsec. (a)(5).
Subsec. (a)(9).
Subsec. (a)(18).
Subsec. (b)(1).
Subsec. (c).
1981—
Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (a)(5).
Subsec. (a)(8).
Subsec. (a)(12), (16).
Subsec. (c).
1978—Subsec. (a)(1) to (4).
Subsec. (a)(5).
Subsec. (a)(6).
Subsec. (a)(7).
Subsec. (a)(8) to (11).
Subsec. (a)(12).
Subsec. (a)(13).
Subsec. (a)(14).
Subsec. (a)(15) to (17).
Subsecs. (b), (c).
1975—
Subsec. (a)(8).
1973—Subsec. (a).
Subsec. (b).
Effective Date of 1993 Amendment
Amendment by
Effective Date of 1992 Amendments
Amendment by section 708(c)(1) of
Amendment by section 708(c)(1) of
Amendment by
Effective Date of 1987 Amendment
Amendment by
Effective Date of 1984 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Deadline for Development of Data Collection Procedures
Section 202(h) of
"(1) requesting advisory information under such Act [
"(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)."
Section Referred to in Other Sections
This section is referred to in
1 So in original. The semicolon probably should be a period.
§3013. Federal agency cooperation
(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 the Job Training Partnership Act [
(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 eligible individuals (as defined in
(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) the Job Training Partnership Act [
(2) title II of the Domestic Volunteer Service Act of 1973 [
(3) titles XVI, XVIII, XIX, and XX of the Social Security Act [
(4)
(5) the United States Housing Act of 1937 [
(6)
(7) title I of the Housing and Community Development Act of 1974 [
(8) title I of Higher Education Act of 1965 [
(9)
(10) the Public Health Service Act [
(11) the Low-Income Home Energy Assistance Act of 1981 [
(12) part A of the Energy Conservation in Existing Buildings Act of 1976 [
(13) the Community Services Block Grant Act [
(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 [
(17) the Developmental Disabilities and Bill of Rights Act [
(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 (
(
Amendment of Section
(1) in subsection (a)(2) of this section, by striking "the Job Training Partnership Act and"; and
(2) in subsection (b) of this section, by striking paragraph (1) and inserting the following:
"(1) title I of the Workforce Investment Act of 1998,".
References in Text
The Job Training Partnership Act, referred to in subsecs. (a)(2) and (b)(1), is
The Workforce Investment Act of 1998, referred to in subsecs. (a)(2) and (b)(1), is
The Domestic Volunteer Service Act of 1973, referred to in subsec. (b)(2), is
The Social Security Act, referred to in subsec. (b)(3), is act Aug. 14, 1935, ch. 531,
The United States Housing Act of 1937, referred to in subsec. (b)(5), is act Sept. 1, 1937, ch. 896, as revised generally by
The Housing and Community Development Act of 1974, referred to in subsec. (b)(7), is
The Higher Education Act of 1965, referred to in subsec. (b)(8), is
The Adult Education and Family Literacy Act, referred to in subsec. (b)(8), is title II of
The Public Health Service Act, referred to in subsec. (b)(10), is act July 1, 1944, ch. 373,
The Low-Income Home Energy Assistance Act of 1981, referred to in subsec. (b)(11), is title XXVI of
The Energy Conservation in Existing Buildings Act of 1976, referred to in subsec. (b)(12), is title IV of
The Community Services Block Grant Act, referred to in subsec. (b)(13), is subtitle B (§671 et seq.) of title VI of
The Rehabilitation Act of 1973, referred to in subsec. (b)(16), is
The Developmental Disabilities and Bill of Rights Act, referred to in subsec. (b)(17), probably means the Developmental Disabilities Assistance and Bill of Rights Act, which is title I of
The Omnibus Crime Control and Safe Streets Act of 1968, referred to in subsec. (b)(18), is
Codification
In subsec. (b)(9), "
Amendments
1998—Subsec. (a)(2).
Subsec. (b)(1).
Subsec. (b)(8).
1993—Subsec. (a).
Subsec. (a)(1).
Subsec. (a)(3).
1992—Subsec. (a).
Subsec. (b).
Subsec. (b)(18).
1991—Subsec. (b)(9).
1987—Subsec. (b)(10).
Subsec. (b)(15).
Subsec. (b)(16), (17).
1984—Subsec. (b)(1).
Subsec. (b)(3).
Subsec. (b)(8).
Subsec. (b)(9).
Subsec. (b)(10) to (14).
1981—Subsec. (a).
Subsec. (b).
1978—Subsec. (a).
Subsec. (b).
Effective Date of 1998 Amendment
Amendment by section 101(f) [title VIII, §405(d)(33)(A)] of
Effective Date of 1993 Amendment
Amendment by
Effective Date of 1987 Amendment
Amendment by
Effective Date of 1984 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§3013a. Consultation with State agencies, area agencies on aging, and Native American grant recipients
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.
(
Amendments
1993—
§3014. Repealed. Pub. L. 97–115, §2(e)(1), Dec. 29, 1981, 95 Stat. 1596
Section,
§3015. Federal Council on the Aging
(a) Establishment; membership; term; representation of interests; qualification; previously appointed members
(1) There is established a Federal Council on the Aging to be composed of 15 members. Except as provided in subsection (b)(1)(A) of this section, members shall serve for terms of 3 years, ending on March 31 regardless of the actual date of appointment, without regard to the provisions of title 5. Members shall be appointed from among individuals who have expertise and experience in the field of aging by each appointing authority so as to be representative of rural and urban older individuals, national organizations with an interest in aging, business, labor, minorities, Indian tribes, and the general public. At least three of the members appointed by each appointing authority shall be older individuals. No full-time officer or employee of the Federal Government may be appointed as a member of the Council.
(2) Members appointed to the Federal Council on the Aging established by this section prior to October 9, 1992, who are serving on such date, shall continue to serve on the Federal Council established by paragraph (1) of this subsection until members are appointed in accordance with subsection (b)(1) of this section.
(b) Appointment of class 1, class 2, and class 3 members; vacancies; compensation and travel expenses
(1)(A)(i) The initial members of the Federal Council on the Aging shall be appointed on April 1, 1993, as follows:
(I) 5 members, who shall be referred to as class 1 members, shall be appointed for a term of 1 year;
(II) 5 members, who shall be referred to as class 2 members, shall be appointed for a term of 2 years; and
(III) 5 members, who shall be referred to as class 3 members, shall be appointed for a term of 3 years.
(ii) Members appointed in 1994 and each third year thereafter shall be referred to as class 1 members. Members appointed in 1995 and each third year thereafter shall be referred to as class 2 members. Members appointed in 1996 and each third year thereafter shall be referred to as class 3 members.
(B)(i) Members of each class shall be appointed in the manner prescribed by this subparagraph.
(ii) Of the members of class 1, two shall be appointed by the President, two by the President pro tempore of the Senate upon the recommendation of the Majority Leader and the Minority Leader, and one by the Speaker of the House of Representatives upon the recommendation of the Majority Leader and the Minority Leader.
(iii) Of the members of class 2, two shall be appointed by the President, one by the President pro tempore of the Senate upon the recommendation of the Majority Leader and the Minority Leader, and two by the Speaker of the House of Representatives upon the recommendation of the Majority Leader and the Minority Leader.
(iv) Of the members of class 3, one shall be appointed by the President, two by the President pro tempore of the Senate upon the recommendation of the Majority Leader and the Minority Leader, and two by the Speaker of the House of Representatives upon the recommendation of the Majority Leader and the Minority Leader.
(2) Any member appointed to fill a vacancy occurring prior to the expiration of the term for which such member's predecessor was appointed shall be appointed only for the remainder of such term. Members shall be eligible for reappointment and may serve after the expiration of their terms until their successors have taken office.
(3) Any vacancy in the Council shall not affect its powers, but shall be filled in the same manner by which the original appointment was made.
(4) Members of the Council shall, while serving on business of the Council, be entitled to receive compensation at a rate not to exceed the daily equivalent of the rate specified for level V of the Executive Schedule under
(c) Chairperson; meetings
The President shall designate the Chairperson from among the members appointed to the Council. The Council shall meet at the call of the Chairperson at least quarterly.
(d) Duties of Federal Council on the Aging
The Council shall—
(1) advise and assist the President on matters relating to the special needs of older individuals;
(2) directly advise the Assistant Secretary on matters affecting the special needs of older individuals for services and assistance under this chapter;
(3) review and evaluate, on a continuing basis, Federal policies regarding the aging and programs and other activities affecting the aging conducted or assisted by all Federal departments and agencies for the purpose of appraising their value and their impact on the lives of older individuals and of identifying duplication and gaps among the types of services provided under such programs and activities;
(4) serve as a spokesman on behalf of older individuals by making recommendations to the President, to the Secretary, to the Assistant Secretary, and to the Congress with respect to Federal policies regarding the aging and federally conducted or assisted programs and other activities relating to or affecting them;
(5) inform the public about the problems and needs of the aging by collecting and disseminating information, conducting or commissioning studies and publishing the results thereof, and by issuing publications and reports; and
(6) provide public forums for discussing and publicizing the problems and needs of the aging and obtaining information relating thereto by conducting public hearings, and by conducting or sponsoring conferences, workshops, and other such meetings.
(e) Staff, information, and other assistance
The Council shall have staff personnel, appointed by the Chairperson, to assist it in carrying out its activities. The head of each Federal department and agency shall make available to the Council such information and other assistance as it may require to carry out its activities.
(f) Reports to President; transmittal to Congress
Beginning with the year 1974 the Council shall make interim reports and an annual report of its findings and recommendations to the President not later than March 31 of each year. The President shall transmit each such report to the Congress together with his comments and recommendations.
(g) Authorization of appropriations
There are authorized to be appropriated to carry out this section $300,000 for fiscal year 1992 and such sums as may be necessary for fiscal years 1993, 1994, and 1995.
(
References in Text
The provisions of title 5 governing appointments, referred to in subsec. (a)(1), are classified to
Prior Provisions
A prior section 204 of
Amendments
1993—Subsec. (d)(2), (4).
1992—Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (b)(1)(A).
Subsec. (b)(4).
Subsec. (d)(1).
Subsec. (d)(2).
Subsec. (d)(3).
Subsec. (d)(4).
Subsec. (d)(5), (6).
Subsec. (f).
Subsec. (g).
1988—Subsec. (a)(1).
1987—Subsec. (a)(1).
Subsec. (d)(3).
Subsec. (g).
1984—Subsec. (a).
Subsec. (b)(1).
Subsec. (b)(2).
Subsec. (c).
Subsec. (d)(2).
Subsec. (d)(3) to (6).
Subsec. (e).
Subsec. (g).
1981—Subsec. (c).
Subsec. (d)(2).
Subsec. (d)(5).
Subsecs. (g), (h).
1978—Subsec. (a).
Subsec. (c).
Subsec. (d)(3).
Subsec. (e).
Subsec. (g).
Subsec. (h).
Subsec. (i).
1975—Subsecs. (g), (h).
Effective Date of 1992 Amendment
Amendment by section 205 of
Effective Date of 1987 Amendment
Amendment by
Effective Date of 1984 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Limitations on Use of Appropriated Funds
Similar provisions were contained in the following prior appropriation acts:
1 See References in Text note below.
§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
(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;
(C) conduct research and demonstrations;
(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, II, and III 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.
(C) The officer or employee designated under subparagraph (A) 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.
(c) Regulations; notice and comment
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) Publication of goals
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.
(e) Authorization of appropriations
For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary.
(
Prior Provisions
A prior section 205 of
Provisions similar to those comprising subsecs. (a) and (c) of this section were contained in
Amendments
1993—Subsecs. (a), (b), (d).
1992—Subsec. (a).
1987—Subsec. (c).
Subsecs. (d), (e).
1984—Subsec. (b).
Subsecs. (c), (d).
1981—Subsecs. (b) to (d).
1978—Subsecs. (b) to (d).
Effective Date of 1987 Amendment
Amendment by
Effective Date of 1984 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
§3017. Evaluation of programs
(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 unserved older individuals with greatest social need (including low-income minority individuals), 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
(c) Opinions of program and project participants; comparison of 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 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
(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) Evaluation of nutritional services; establishment of advisory council; report on recommendations and final guidelines to the President and Congress
(1) Not later than June 30, 1995, the Assistant Secretary, in consultation with the Assistant Secretary for Planning and Evaluation of the Department of Health and Human Services, shall complete an evaluation of nutrition services provided under this chapter, to evaluate for fiscal years 1992 and 1993—
(A) their effectiveness in serving special populations of older individuals;
(B) the quality of nutrition provided by such services;
(C) average meal costs (including the cost of food, related administrative costs, and the cost of supportive services relating to nutrition services), taking into account regional differences and size of projects;
(D) the characteristics of participants;
(E) the applicability of health, safety, and dietary standards;
(F) the appraisal of such services by recipients;
(G) the efficiency of delivery and administration of such services;
(H) the amount, sources, and ultimate uses of funds transferred under
(I) the amount, sources, and uses of other funds expended to provide such services, including the extent to which funds received under this chapter are used to generate additional funds to provide such services;
(J) the degree of nutritional expertise used to plan and manage coordination with other State and local services;
(K) nonfood cost factors incidental to providing nutrition services under this chapter;
(L) the extent to which commodities provided by the Secretary of Agriculture under
(M) and for the 8-year period ending September 30, 1992, the characteristics, and changes in the characteristics, of such nutrition services;
(N) differences between older individuals who receive nutrition services under
(O) the impact of the increase in nutrition services provided under
(P) how, and the extent to which, nutrition services provided under this chapter generally, and under
(Q) the impact of nutrition services provided under this chapter on older individuals, including the impact on their dietary intake and opportunities for socialization;
(R) the adequacy of the daily recommended dietary allowances described in
(S) the impact of transferring funds under
(2)(A)(i) The Assistant Secretary shall establish an advisory council to develop recommendations for guidelines on efficiency and quality in furnishing nutrition services described in subparts I, II, and III of part C of subchapter III of this chapter.
(ii) The council shall be composed of members appointed by the Assistant Secretary from among individuals nominated by the Secretary of Agriculture, the American Dietetic Association, the Dietary Managers Association, the National Association of Nutrition and Aging Service Programs, the National Association of Meal Programs, the National Association of State Units on Aging, the National Association of Area Agencies on Aging, and other appropriate organizations.
(B) Not later than June 30, 1994, the Assistant Secretary, in consultation with the Secretary of Agriculture and taking into consideration the recommendations of the council, shall publish interim guidelines of the kind described in subparagraph (A)(i).
(3) Not later than September 30, 1995, the Secretary shall—
(A) submit to the President, the Speaker of the House of Representatives, and the President pro tempore of the Senate recommendations and final guidelines to improve nutrition services provided under this chapter; and
(B) require the Assistant Secretary to implement such recommendations administratively, to the extent feasible.
(h) 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.
(
Prior Provisions
A prior section 206 of
Provisions similar to those comprising subsec. (g) of this section were contained in
Amendments
1993—Subsec. (g)(1).
Subsec. (g)(2).
Subsec. (g)(3).
1992—Subsec. (a).
Subsecs. (g), (h).
1987—Subsec. (c).
1984—Subsec. (b).
Subsec. (c).
Subsec. (d).
Subsec. (g).
1981—Subsec. (b).
1978—Subsec. (c).
Subsec. (d).
Effective Date of 1987 Amendment
Amendment by
Effective Date of 1984 Amendment
Amendment by section 206(a) of
Amendment by section 206(b), (c) of
Amendment by section 206(d) of
Effective Date of 1978 Amendment
Amendment by
§3018. Reports to Congress
(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
(3) an analysis of the information received under
(4) 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, low-income individuals, and frail individuals (including individuals with any physical or mental functional impairment); and
(5) a description of the implementation of the plan required by
(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
(B) identifying significant problems and issues revealed by such data (with special emphasis on problems relating to quality of care and residents' rights);
(C) discussing current issues concerning the long-term care 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
(C) the Committee on Labor and Human Resources of the Senate.
(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
(A) the Administrator of the Health Care Finance Administration;
(B) the Office of the Inspector General of the Department of Health and Human Services;
(C) the Office of Civil Rights of the Department of Health and 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
(c) Outreach activities; report on evaluations to be included in 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 with greatest social need (including low-income minority individuals) to receive services under this chapter.
(
Prior Provisions
A prior section 207 of
Amendments
1994—Subsec. (b)(2).
1993—
1992—Subsec. (a)(4).
Subsec. (a)(5).
Subsec. (b)(1).
Subsec. (b)(1)(A).
Subsec. (b)(3).
Subsec. (b)(3)(E).
Subsec. (c).
Subsec. (c)(1).
Subsec. (c)(5).
1991—Subsec. (b)(3)(D).
1987—Subsec. (a).
Subsec. (b).
Subsec. (c).
1984—
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
Effective Date of 1992 Amendment
Amendment by section 708(a)(2)(A) and (c)(2) of
Amendment by section 708(a)(2)(A) and (c)(2) of
Effective Date of 1987 Amendment
Amendment by
Effective Date of 1984 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§3019. Joint funding of projects
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.
(
Prior Provisions
A prior section 208 of
Provisions similar to those comprising this section were contained in
§3020. Advance funding
(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.
(
Prior Provisions
A prior section 209 of
Amendments
1981—Subsec. (b).
§3020a. Application of other laws; costs of projects under this chapter not treated as income or benefits under other laws
(a) The provisions and requirements of
(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.
(
Codification
In subsec. (a), "
Prior Provisions
A prior section 210 of
Amendments
1981—Subsec. (a).
1978—Subsec. (a).
Subsec. (b).
Effective Date of 1978 Amendment
Amendment by
§3020b. Reduction of paperwork
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.
(
Prior Provisions
A prior section 211 of
Amendments
1993—
1992—
1984—
Effective Date of 1984 Amendment
Amendment by
Effective Date
Section effective at close of Sept. 30, 1978, see section 504 of
§3020c. Contracting and grant authority
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.
(
Prior Provisions
A prior section 212 of
Amendments
1993—
1987—
1981—
Effective Date of 1987 Amendment
Amendment by
Effective Date
Section effective at close of Sept. 30, 1978, see section 504 of
§3020d. Surplus property eligibility
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 [
(
References in Text
The Social Security Act, referred to in text, is act Aug. 14, 1935, ch. 531,
The Economic Opportunity Act of 1964, referred to in text, is
The Community Services Block Grant Act, referred to in text, is subtitle B (§671 et seq.) of title VI of
Prior Provisions
A prior section 213 of
Amendments
1981—
Effective Date
Section effective at close of Sept. 30, 1978, see section 504 of
Cross References
Disposal of surplus property generally, see
§3020e. Nutrition education
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
(
Amendments
1993—
§3020f. Authorization of appropriations
(a) Administration
For purposes of carrying out this chapter, there are authorized to be appropriated for the Administration such sums as may be necessary for fiscal years 1992, 1993, 1994, and 1995.
(b) Salaries and expenses
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.
(
Amendments
1993—Subsec. (b)(2).
SUBCHAPTER III—GRANTS FOR STATE AND COMMUNITY PROGRAMS ON AGING
Subchapter Referred to in Other Sections
This subchapter is referred to in
Part A—General Provisions
Part Referred to in Other Sections
This part is referred to in
§3021. Purpose and program
(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;
(C) provide a continuum of care for vulnerable older 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;
(C) Indian tribes, tribal organizations, and Native Hawaiian 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.
(c) Ombudsman program
The Assistant Secretary shall provide technical assistance and training (by contract, grant, or otherwise) to State long-term care ombudsman programs established under
(
Prior Provisions
A prior section 3021,
Another prior section 3021,
Amendments
1993—Subsecs. (b), (c).
1992—Subsec. (a).
"(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).
Subsec. (b)(2).
Subsec. (c).
1991—Subsec. (b)(2).
1988—Subsec. (a).
1987—Subsec. (a).
Subsec. (b)(2).
Subsec. (c).
1984—Subsec. (a).
1981—Subsec. (a).
Subsec. (b)(2).
Effective Date of 1992 Amendments
Amendment by section 708(a)(2)(B) of
Amendment by section 708(a)(2)(B) of
Amendment by
Effective Date of 1987 Amendment
Amendment by
Effective Date of 1984 Amendment
Amendment by
Effective Date
Part effective at close of Sept. 30, 1978, see section 504 of
Coordination and Consolidation of Services Under Chapter
Section 103(a) of
"(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
§3022. Definitions
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;
(C) use available resources efficiently and with a minimum of 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.
(
Prior Provisions
A prior section 3022,
Another prior section 3022,
Amendments
1993—Par. (10).
1992—Par. (1)(D).
Pars. (2), (3).
Pars. (4) to (6).
Pars. (7), (8).
Par. (9).
Par. (11).
Pars. (14) to (21).
1987—Par. (6).
Pars. (7) to (9).
Par. (10).
Par. (11).
Pars. (12), (13).
Pars. (14) to (19).
Par. (20).
Par. (21).
1984—Par. (2)(B).
Par. (4).
Par. (6).
Pars. (10) to (12).
1981—Par. (1).
Par. (3).
Par. (9).
Effective Date of 1987 Amendment
Amendment by
Effective Date of 1984 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§3023. Authorization of appropriations; uses of funds
(a)(1) 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).
(2) Funds appropriated under paragraph (1) shall be available to carry out
(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).
(c) Grants made under part B, and subparts I and II of part C, of 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
(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 $45,388,000 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 D of this subchapter (relating to in-home services).
(e) There are authorized to be appropriated such sums as may be necessary for the fiscal years 1992, 1993, 1994, and 1995, to carry out part E of this subchapter (relating to special needs).
(f) 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 the purpose of making grants under part F of this subchapter (relating to periodic preventive health, health education, and promotion services).
(g) 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 part G of this subchapter (relating to supportive activities for caretakers).
(
Prior Provisions
A prior section 3023,
Another prior section 3023,
Amendments
1992—Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (a)(3).
Subsec. (b)(1).
Subsec. (b)(2).
Subsec. (b)(3).
Subsec. (c).
Subsec. (c)(2).
Subsec. (d).
Subsec. (e).
Subsec. (f).
Subsec. (g).
Subsec. (h).
1987—Subsec. (a).
Subsec. (b).
"(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).
Subsec. (e).
Subsec. (f).
Subsec. (g).
Subsec. (h).
1984—Subsec. (a).
Subsec. (b)(1).
Subsec. (b)(2).
Subsec. (c)(2).
1981—Subsec. (a).
Subsec. (b)(1).
Subsec. (b)(2).
Subsec. (c)(2).
Effective Date of 1992 Amendments
Amendment by sections 303(a)(2), (3) and 708(c)(3) of
Amendment by sections 303(a)(2), (3), (f), 316(b), and 708(c)(3) of
Effective Date of 1987 Amendment
Amendment by
Effective Date of 1984 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§3024. Allotment to States
(a) Formula for computation of amount
(1) Subject to paragraphs (2) and (3), from the sums appropriated under
(2) No State shall be allotted less than the total amount allotted to the State under paragraph (1) of this subsection and
(3) No State shall be allotted, from the amount appropriated under
(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.
(b) Unused funds
Whenever the Assistant Secretary determines that any amount allotted to a State under part B or C 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.
(c) Withholding of funds; disbursement
If the Assistant Secretary finds that any State has failed to qualify under the State plan requirements of
(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
(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
(C) not less than $150,000 and not more than 4 percent of the amount allotted to the State for carrying out part B of this subchapter, shall be available for conducting outreach demonstration projects under
(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.
(e) Volunteer services coordinator
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
(
Prior Provisions
A prior section 3024,
Another prior section 3024,
Provisions similar to those comprising this section were contained in
A prior section 3024a,
Amendments
1993—Subsecs. (a)(4), (b), (c), (d)(2).
1992—Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (a)(3).
Subsec. (a)(4).
Subsec. (c).
Subsec. (d)(1)(C).
Subsec. (e).
1987—Subsec. (a)(1).
Subsec. (a)(3), (4).
Subsec. (d)(1).
Subsec. (d)(1)(A).
Subsec. (d)(1)(B), (C).
1984—Subsec. (a)(1).
Subsec. (a)(2), (3).
Subsec. (b).
Subsec. (c).
Subsec. (d)(1).
1981—Subsec. (a)(1).
Subsec. (d)(1)(B).
Subsec. (d)(1)(C).
Effective Date of 1992 Amendment
Amendment by section 304 (excluding pars. (1) and (2) of subsec. (a)) of
Amendment by section 304 of
Effective Date of 1987 Amendment
Amendment by
Effective Date of 1984 Amendment
Amendment by
Termination of Trust Territory of the Pacific Islands
For termination of Trust Territory of the Pacific Islands, see note set out preceding
Section Referred to in Other Sections
This section is referred to in
§3025. Designation of State agencies
(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
(B) administer the State plan within such State;
(C) be primarily responsible for the planning, policy 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) 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, 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;
(C) in consultation with area agencies, in accordance with 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 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
(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;
(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
(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.
(c) Eligible State area agencies; development of area; preferred 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.
(
Prior Provisions
A prior section 3025,
Another prior section 3025,
Provisions similar to those comprising this section were contained in
Amendments
1993—Subsec. (a).
Subsec. (b)(1).
Subsec. (b)(2).
Subsec. (b)(3) to (5).
1992—Subsec. (a)(1)(C).
Subsec. (a)(1)(D).
Subsec. (a)(1)(E).
Subsec. (a)(2).
Subsec. (a)(2)(C).
Subsec. (a)(2)(D).
Subsec. (a)(2)(E).
Subsec. (a)(2)(F).
Subsec. (a)(2)(G).
Subsec. (b)(1).
Subsec. (b)(2).
Subsec. (b)(4).
Subsec. (b)(5)(A).
Subsec. (b)(5)(C).
Subsec. (c).
Subsec. (c)(2).
Subsec. (d).
1988—Subsec. (a)(1)(E).
Subsec. (d).
1987—Subsec. (a)(1)(E).
Subsec. (a)(2)(C).
Subsec. (a)(2)(F).
Subsec. (c)(2).
Subsec. (c)(3).
Subsec. (c)(4).
Subsec. (d).
1984—Subsec. (a)(1)(E).
Subsec. (a)(2)(E).
Subsec. (b)(3).
Subsec. (b)(5).
Subsec. (d).
1981—Subsec. (a)(1)(E).
Subsec. (a)(2)(A).
Subsec. (a)(2)(B).
Subsec. (b)(5).
Subsec. (c)(4).
Subsec. (c)(5).
Effective Date of 1992 Amendment
Amendment by section 305 of
Amendment by section 305 of
Effective Date of 1987 Amendment
Amendment by
Effective Date of 1984 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
1 So in original. Probably should be "service".
§3026. Area plans
(a) Preparation and development by area agency on aging; requirements
Each area agency on aging designated under
(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) 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, 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
(A) services associated with access to services (transportation, outreach, information and assistance, and case management services);
(B) in-home services (homemaker and home health aide, visiting and telephone reassurance, chore maintenance, and supportive services for families of older individuals who are victims of Alzheimer's disease and related disorders with neurological and organic brain dysfunction); and
(C) legal assistance;
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;
(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)(E)(ii)) as such focal point; and
(B) specify, in grants, contracts, and agreements implementing the plan, the identity of each focal point so designated;
(4) 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);
(5)(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 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 in the area served by the provider;
(II) to the maximum extent feasible, provide services to low-income minority individuals 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 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);
(III) older individuals with greatest social need (with particular attention to low-income minority individuals);
(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
(C) contain an assurance that the area agency on aging will 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;
(6) provide that the area agency on aging will—
(A) 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);
(B) 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;
(C) 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;
(D) 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;
(E)(i) where possible, enter into arrangements with organizations providing day care services for children or adults, 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 (
(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
(F) establish an advisory council consisting of older individuals (including minority individuals) 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;
(G) develop and publish methods by which priority of services is determined, particularly with respect to the delivery of services under paragraph (2);
(H) 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
(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;
(M) 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;
(N) 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;
(O)(i) compile available information on institutions of higher education in the planning and service area regarding—
(I) the courses of study offered to older individuals by such institutions; and
(II) the policies of such institutions with respect to the enrollment of older individuals with little or no payment of tuition, on a space available basis, or on another special basis;
and include in such compilation such related supplementary information as may be necessary; and
(ii) based on the results of such compilation, make a summary of such information available to older individuals at multipurpose senior centers, congregate nutrition sites, and other appropriate places;
(P) establish a grievance procedure for older individuals who are dissatisfied with or denied services under this subchapter;
(Q) enter into voluntary arrangements with nonprofit entities (including public and private housing authorities and organizations) that provide housing (such as housing under
(i) leadership and coordination in the development, provision, and expansion of adequate housing, supportive services, referrals, and living arrangements for older individuals; and
(ii) advance notification and nonfinancial assistance to older individuals who are subject to eviction from such housing;
(R) list the telephone number of the agency in each telephone directory that is published, by the provider of local telephone service, for residents in any geographical area that lies in whole or in part in the service and planning area served by the agency—
(i) under the name "Area Agency on Aging";
(ii) in the unclassified section of the directory; and
(iii) to the extent possible, in the classified section of the directory, under a subject heading designated by the Assistant Secretary by regulation; and
(S) identify the needs of older individuals and describe methods the area agency on aging will use to coordinate planning and delivery of transportation services (including the purchase of vehicles) to assist older individuals, including those with special needs, in the area;
(7) provide assurances that any amount received under part D of this subchapter will be expended in accordance with such part;
(8) provide assurances that any amount received under part E of this subchapter will be expended in accordance with such part;
(9) provide assurances that any amount received under part F of this subchapter will be expended in accordance with such part;
(10) provide assurances that any amount received under part G of this subchapter will be expended in accordance with such part;
(11) provide assurances that the area agency on aging, in carrying out the State Long-Term Care Ombudsman program under
(12) in the discretion of the area agency on aging, provide for an area volunteer services coordinator, who shall—
(A) encourage, and enlist the services of, local volunteer groups to provide assistance and services appropriate to the unique needs of older individuals within the planning and service area;
(B) encourage, organize, and promote the use of older individuals as volunteers to local communities within the area; and
(C) promote the recognition of the contribution made by volunteers to programs administered under the area plan;
(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;
(14) 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;
(C) demonstrate that a loss or diminution in the quantity or 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;
(15) 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;
(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;
(17) provide assurances that projects in the planning and service area will reasonably accommodate participants as described in
(18) provide assurances that the area agency on aging will, to the maximum extent practicable, coordinate the services it provides under this title with services provided under subchapter X of this chapter;
(19)(A) provide an assurance that the area agency on aging 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 area agency on aging intends to implement the activities; and
(20) 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
(C) be provided by—
(i) a public agency; or
(ii) a nonprofit private agency that—
(I) does not provide, and does not have a direct or indirect ownership or controlling interest in, or a direct or indirect affiliation or relationship with, an entity that provides, services other than case management services under this subchapter; or
(II) is located in a rural area and obtains a waiver of the requirement described in subclause (I).
(b) Waiver of requirements; notice and hearing; opportunity to testify; record
(1) 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.
(2)(A) Before an area agency on aging requests a waiver under paragraph (1) of this subsection, the area agency on aging shall conduct a timely public hearing in accordance with the provisions of this paragraph. The area agency on aging requesting a waiver shall notify all interested parties in the area of the public hearing and furnish the interested parties with an opportunity to testify.
(B) The area agency on aging shall prepare a record of the public hearing conducted pursuant to subparagraph (A) and shall furnish the record of the public hearing with the request for a waiver made to the State under paragraph (1).
(C) Whenever the State agency proposes to grant a waiver to an area agency on aging under this subsection, the State agency shall publish the intention to grant such a waiver together with the justification for the waiver at least 30 days prior to the effective date of the decision to grant the waiver. An individual or a service provider from the area with respect to which the proposed waiver applies is entitled to request a hearing before the State agency on the request to grant such waiver. If, within the 30-day period described in the first sentence of this subparagraph, an individual or service provider requests a hearing under this subparagraph, the State agency shall afford such individual or provider an opportunity for a hearing.
(D) If the State agency waives the requirement described in paragraph (2) of subsection (a) of this section, the State agency shall provide to the Assistant Secretary—
(i) a report regarding such waiver that details the demonstration made by the area agency on aging to obtain such waiver;
(ii) a copy of the record of the public hearing conducted pursuant to subparagraph (A); and
(iii) a copy of the record of any public hearing conducted pursuant to subparagraph (C).
(c) Transportation services; funds
(1) Subject to regulations prescribed by the Assistant Secretary, an area agency on aging designated under
(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 [
(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.
(
References in Text
The Economic Opportunity Act of 1964, referred to in subsec. (a)(6)(E)(ii)(I), is
The Social Security Act, referred to in subsec. (c), is act Aug. 14, 1935, ch. 531,
The Rehabilitation Act of 1973, referred to in subsec. (c), is
Prior Provisions
A prior section 3026,
Provisions similar to those comprising this section were contained in
Amendments
1998—Subsec. (a)(6)(E)(ii).
1993—Subsecs. (a)(6)(R)(iii), (14)(B), (E), (b)(2)(D), (c)(1).
1992—Subsec. (a)(1).
Subsec. (a)(2)(A).
Subsec. (a)(2)(B).
Subsec. (a)(3).
Subsec. (a)(4).
Subsec. (a)(5)(A)(i).
Subsec. (a)(5)(A)(ii).
Subsec. (a)(5)(A)(ii)(I).
Subsec. (a)(5)(ii)(II).
Subsec. (a)(5)(A)(ii)(III).
Subsec. (a)(5)(A)(iii)(III).
Subsec. (a)(5)(B).
Subsec. (a)(5)(C).
Subsec. (a)(6)(B).
Subsec. (a)(6)(D).
Subsec. (a)(6)(E).
Subsec. (a)(6)(F).
Subsec. (a)(6)(G).
Subsec. (a)(6)(H).
Subsec. (a)(6)(I).
Subsec. (a)(6)(N).
Subsec. (a)(6)(O)(ii).
Subsec. (a)(6)(P) to (S).
"(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).
Subsec. (a)(12) to (20).
Subsec. (b)(1).
Subsec. (b)(2)(C).
Subsec. (b)(2)(D).
Subsec. (e).
1988—Subsec. (a)(1).
1987—Subsec. (a).
Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (a)(2)(B).
Subsec. (a)(5)(A).
Subsec. (a)(5)(B).
Subsec. (a)(6)(A).
Subsec. (a)(6)(E).
Subsec. (a)(6)(F).
Subsec. (a)(6)(G).
Subsec. (a)(6)(L).
Subsec. (a)(6)(M).
Subsec. (a)(6)(N).
Subsec. (a)(6)(O).
Subsec. (a)(6)(P).
Subsec. (a)(7).
Subsec. (a)(8).
Subsec. (a)(9).
Subsec. (a)(10).
Subsec. (b)(2)(C), (D).
Subsec. (d).
1984—Subsec. (a).
Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (a)(2)(B).
Subsec. (a)(2)(C).
Subsec. (a)(3).
Subsec. (a)(5)(A).
Subsec. (a)(6)(F).
Subsec. (a)(6)(G), (H).
Subsec. (a)(6)(I).
Subsec. (a)(6)(J), (K).
Subsec. (b).
1981—Subsec. (a).
Subsec. (b).
Effective Date of 1992 Amendment
Amendment by section 306 of
Amendment by section 306 of
Effective Date of 1987 Amendment
Amendment by
Effective Date of 1984 Amendment
Amendment by
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
Implementation Information
Section 155(g) of
Evaluation of Guidelines
Section 155(h) of
Section Referred to in Other Sections
This section is referred to in
1 See References in Text note below.
§3027. State plans
(a) Criteria for eligibility; contents
Except as provided in the succeeding sentence and
(1) The plan shall contain assurances that the State plan will be based upon area plans developed by area agencies on aging within the State designated under
(2) The plan shall provide that each area agency on aging designated under
(3)(A) The plan shall provide that the State agency will evaluate the need for supportive services (including legal assistance and transportation services), nutrition services, and multipurpose senior centers within the State and determine the extent to which existing public or private programs meet such need. To conduct the evaluation, the State agency shall use the procedures implemented under
(B) The plan shall provide assurances that the State agency will spend in each fiscal year, for services to older individuals residing in rural areas in the State assisted under this subchapter, an amount equal to not less than 105 percent of the amount expended for such services (including amounts expended under subchapter V and subchapter VII of this chapter) in fiscal year 1978.
(4) The plan shall provide for the use of such methods of administration (including methods relating to the establishment and maintenance of personnel standards on a merit basis, except that the Assistant Secretary shall exercise no authority with respect to the selection, tenure of office, or compensation of any individual employed in accordance with such methods) as are necessary for the proper and efficient administration of the plan, and, where necessary, provide for the reorganization and reassignment of functions to assure such efficient administration.
(5) The plan shall provide that the State agency will afford an opportunity for a hearing upon request to any area agency on aging submitting a plan under this subchapter, to any provider of a service under such a plan, or to any applicant to provide a service under such a plan. The State agency shall establish and publish procedures for requesting and conducting such hearing.
(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.
(C) The plan shall provide assurances that the State agency and each area agency on aging will—
(i) maintain the integrity and public purpose of services provided, and service providers, under the State plan in all contractual and commercial relationships;
(ii) disclose to the Assistant Secretary—
(I) the identity of each nongovernmental entity with which the State agency or area agency on aging has a contract or commercial relationship relating to providing any service to older individuals; and
(II) the nature of such contract or such relationship;
(iii) demonstrate that a loss or diminution in the quantity or quality of the services provided, or to be provided, under this chapter by such agency has not resulted and will not result from such contract or such relationship;
(iv) demonstrate that the quantity or quality of the services to be provided under the State plan will be enhanced as a result of such contract or such relationship; and
(v) on the request of the Assistant Secretary, for the purpose of monitoring compliance with this chapter (including conducting an audit), disclose all sources and expenditures of funds the State agency and area agency on aging receive or expend to provide services to older individuals.
(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
(10) The plan shall provide that no supportive services, nutrition services, or in-home services (as defined in
(11) 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.
(12) 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
(13) The plan shall provide with respect to nutrition services that—
(A) each project providing nutrition services will be available to older individuals 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 older individuals at which congregate nutrition services are provided;
(B) primary consideration shall be given to the provision of meals in a congregate setting, except that each area agency on aging (i) may award funds made available under this subchapter (other than under
(C)(i) each project will permit recipients of grants or contracts to solicit voluntary contributions for meals furnished in accordance with guidelines established by the Assistant Secretary, taking into consideration the income ranges of eligible individuals in local communities and other sources of income of the recipients of a grant or contract; and
(ii) such voluntary contributions will be used to increase the number of meals served by the project involved, to facilitate access to such meals, and to provide other supportive services directly related to nutrition services;
(D) in the case of meals served in a congregate setting, a site for such services and for comprehensive supportive services is furnished in as close proximity to the majority of eligible individuals' residences as feasible, with particular attention upon a multipurpose senior center, a school, a church, or other appropriate community facility, preferably within walking distance where possible, and where appropriate, transportation to such site is furnished;
(E) each project will establish outreach activities which assure that the maximum number of eligible individuals may have an opportunity to participate;
(F) each project will establish and administer the nutrition project with the advice of dietitians (or individuals with comparable expertise), persons competent in the field of service in which the nutrition project is being provided, older individuals who will participate in the program, and of persons who are knowledgeable with regard to the needs of older individuals;
(G) each project will provide special menus, where feasible and appropriate, to meet the particular dietary needs arising from the health requirements, religious requirements, or ethnic backgrounds of eligible individuals;
(H) each area agency on aging will give consideration, where feasible, in the furnishing of home delivered meals to the use of organizations which (i) have demonstrated an ability to provide home delivered meals efficiently and reasonably; and (ii) furnish assurances to the area agency on aging that such an organization will maintain efforts to solicit voluntary support and that funds made available under this subchapter to the organization will not be used to supplant funds from non-Federal sources;
(I) each area agency on aging shall establish procedures that will allow nutrition project administrators the option to offer a meal, on the same basis as meals are provided to participating older individuals, to individuals providing volunteer services during the meal hours, and to individuals with disabilities who reside at home with and accompany older individuals who are eligible under this chapter;
(J) each nutrition project shall provide nutrition education on at least a semiannual basis to participants in programs described in part C of this subchapter;
(K) each project shall comply with applicable provisions of State or local laws regarding the safe and sanitary handling of food, equipment, and supplies used in the storage, preparation, service, and delivery of meals to an older individual;
(L) the State agency will monitor, coordinate, and assist in the planning of nutritional services, with the advice of a dietitian or an individual with comparable expertise; and
(M) the State agency will—
(i) develop nonfinancial criteria for eligibility to receive nutrition services under
(ii) periodically evaluate recipients of such services to determine whether they continue to meet such criteria.
(14) The plan shall provide, with respect to the acquisition (in fee simple or by lease for 10 years or more), alteration, or renovation of existing facilities (or the construction of new facilities in any area in which there are no suitable structures available, as determined by the State agency, after full consideration of the recommendations made by area agencies on aging, to be a focal point for the delivery of services assisted under this subchapter) to serve as multipurpose senior centers, that—
(A) the plan contains or is supported by reasonable assurances that (i) for not less than 10 years after acquisition, or not less than 20 years after the completion of construction, the facility will be used for the purpose for which it is to be acquired or constructed, unless for unusual circumstances the Assistant Secretary waives the requirement of this division; (ii) sufficient funds will be available to meet the non-Federal share of the cost of acquisition or construction of the facility; (iii) sufficient funds will be available when acquisition or construction is completed, for effective use of the facility for the purpose for which it is being acquired or constructed; and (iv) the facility will not be used and is not intended to be used for sectarian instruction or as a place for religious worship;
(B) the plan contains or is supported by reasonable assurances that, in the case of purchase or construction, there are no existing facilities in the community suitable for leasing as a multipurpose senior center;
(C) the plans and specifications for the facility are in accordance with regulations relating to minimum standards of construction, promulgated with particular emphasis on securing compliance with the requirements of the Act of August 12, 1968, commonly known as the Architectural Barriers Act of 1968 [
(D) the plan contains or is supported by adequate assurance that any laborer or mechanic employed by any contractor or subcontractor in the performance of work on the facility will be paid wages at rates not less than those prevailing for similar work in the locality as determined by the Secretary of Labor in accordance with the Act of March 3, 1931 (
(E) the plan contains assurances that the State agency will consult with the Secretary of Housing and Urban Development with respect to the technical adequacy of any proposed alteration or renovation.
(15) 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 [
(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;
(C) the State agency will provide for the coordination of the 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.
(16) 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
(C) all information gathered in the course of receiving 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.
(17) The plan shall provide assurances that each State will provide inservice training opportunities for personnel of agencies and programs funded under this chapter.
(18) 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.
(19) 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).
(20) 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
(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.
(21) 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.
(22) 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
(23) 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.
(24) 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);
(iii) older individuals with greatest social need (with particular attention to low-income minority individuals);
(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.
(25) 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, and develop collaborative programs, where appropriate, to meet the needs of older individuals with disabilities.
(26) 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
(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
(C) are patients in long-term care facilities, but who can return to their homes if community-based services are provided to them.
(27) The plan shall provide assurances of consultation and coordination in planning and provision of in-home services under
(28) The plan shall provide assurances that if the State receives funds appropriated under
(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.
(30) The plan shall include the assurances and description required by
(31)(A) If 50 percent or more of the area plans in the State provide for an area volunteer services coordinator, as described in
(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).
(32) The plan shall provide assurances that special efforts will be made to provide technical assistance to minority providers of services.
(33) The plan—
(A) shall include the statement and the demonstration required by paragraphs (2) and (4) of
(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.
(36) 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
(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
(41) 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.
(42) 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.
(43) The plan shall provide that the State agency shall issue guidelines applicable to grievance procedures required by
(44) 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.
(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
(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.
(c) Notice and hearing prior to disapproval
(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
(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
(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
(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
(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
(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; protection of commercial information
(1) 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.
(2) Information disclosed under
(
References in Text
Subchapter V and subchapter VII of this chapter, referred to in subsec. (a)(3)(B), were repealed by
Act of August 12, 1968, commonly known as the Architectural Barriers Act of 1968, referred to in subsec. (a)(14)(C), is
Act of March 3, 1931 (
Reorganization plan numbered 14 of 1950 (15 F.R. 3176;
The Legal Services Corporation Act, referred to in subsec. (a)(15)(A), is title X of
Prior Provisions
A prior section 3027,
Provisions similar to those comprising this section were contained in
Amendments
1993—
Subsec. (a)(8).
Subsec. (a)(24).
Subsec. (b)(2).
Subsecs. (d), (e).
1992—Subsec. (a).
Subsec. (a)(1).
Subsec. (a)(3)(A).
Subsec. (a)(5).
Subsec. (a)(7).
Subsec. (a)(8).
Subsec. (a)(9).
Subsec. (a)(10).
Subsec. (a)(11).
Subsec. (a)(12).
Subsec. (a)(13)(A).
Subsec. (a)(13)(B).
Subsec. (a)(13)(F).
Subsec. (a)(13)(H).
Subsec. (a)(13)(I).
Subsec. (a)(13)(J) to (M).
Subsec. (a)(14).
Subsec. (a)(14)(D).
Subsec. (a)(15)(B).
Subsec. (a)(15)(E).
Subsec. (a)(16).
Subsec. (a)(16)(B).
Subsec. (a)(18).
Subsec. (a)(20)(A).
Subsec. (a)(21).
Subsec. (a)(22).
Subsec. (a)(24).
"(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).
Subsec. (a)(31).
Subsec. (a)(32) to (44).
Subsec. (b)(1).
Subsec. (b)(2).
Subsec. (c).
Subsec. (f).
Subsec. (g).
1988—Subsec. (a)(3)(A).
1987—Subsec. (a).
Subsec. (a)(1), (2).
Subsec. (a)(3)(A).
Subsec. (a)(3)(B), (4) to (7).
Subsec. (a)(8).
Subsec. (a)(9).
Subsec. (a)(10).
Subsec. (a)(11).
Subsec. (a)(12).
Subsec. (a)(13).
Subsec. (a)(13)(I).
Subsec. (a)(14).
Subsec. (a)(15).
Subsec. (a)(16).
Subsec. (a)(17) to (19).
Subsec. (a)(20).
Subsec. (a)(20)(A).
Subsec. (a)(21).
Subsec. (a)(22).
Subsec. (a)(23).
Subsec. (a)(24).
Subsec. (a)(25).
Subsec. (a)(26).
Subsec. (a)(27).
Subsec. (a)(28).
Subsec. (a)(29).
Subsec. (a)(30).
Subsec. (a)(31).
Subsec. (g).
1984—Subsec. (a)(3)(A).
Subsec. (a)(10).
Subsec. (a)(12)(A).
Subsec. (a)(12)(A)(iv).
Subsec. (a)(12)(E).
Subsec. (a)(13)(B).
Subsec. (a)(13)(C)(i).
Subsec. (a)(13)(C)(ii).
Subsec. (a)(15).
Subsec. (a)(15)(A).
Subsec. (a)(15)(B).
Subsec. (a)(16) to (18).
Subsec. (a)(19), (20).
Subsec. (a)(20)(B)(ii).
Subsec. (a)(21).
Subsec. (a)(21)(B).
Subsec. (b)(1).
Subsec. (d).
Subsec. (e)(1).
Subsec. (e)(2).
Subsec. (f).
1981—Subsec. (a).
Subsec. (a)(3)(A), (10).
Subsec. (a)(13)(A).
Subsec. (a)(13)(B).
Subsec. (a)(13)(C)(ii).
Subsec. (a)(13)(D).
Subsec. (a)(13)(I).
Subsec. (a)(16) to (18).
Subsec. (b)(2), (3).
Effective Date of 1992 Amendment
Amendment by sections 307 and 708(c)(4) of
Amendment by sections 307 and 708(c)(4) of
Effective Date of 1987 Amendment
Amendment by
Effective Date of 1984 Amendment
Amendment by
Assessment of Unsatisfied Demand for Supportive Services Provided at Senior Centers and Other Sites
Section 111 of
Study of Ombudsman Program
Section 129(b) of
Section Referred to in Other Sections
This section is referred to in
§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
(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
(3) Any State which has been designated a single planning and service area under
(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
(A) except as provided in clause (ii), the greater of 5 percent of the allotment to a State under
(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
(A) except as provided in clause (ii), the greater of 5 percent of the allotment to a State under
(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
(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
(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.
(C) The Assistant Secretary may approve that portion of the 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
(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
(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
(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.
(5)(A) Notwithstanding any other provision of this subchapter and except as provided in subparagraph (B), of the funds received by a State attributable to funds appropriated under subsection (a)(1), and paragraphs (1) and (2) of subsection (b), of
(B)(i) If a State demonstrates, to the satisfaction of the Assistant Secretary, that funds received by the State and attributable to funds appropriated under part B of this subchapter or part C of this subchapter (including funds transferred under subparagraph (A) without regard to this subparagraph) for fiscal year 1994 or 1995 are insufficient to satisfy the need for services under such part, then the Assistant Secretary may grant a waiver that permits the State to transfer under subparagraph (A) to satisfy such need an additional 5 percent of the funds so received for such fiscal year.
(ii) If a State demonstrates, to the satisfaction of the Assistant Secretary, that funds received by the State and attributable to funds appropriated under part B of this subchapter or part C of this subchapter (including funds transferred under subparagraph (A) without regard to this subparagraph) for fiscal year 1996 are insufficient to satisfy the need for services under such part, then the Assistant Secretary may grant a waiver that permits the State to transfer under subparagraph (A) to satisfy such need an additional 8 percent of the funds so received for such fiscal year.
(C) At a minimum, the application 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. The Assistant Secretary shall approve or deny the application in writing.
(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
(A) the amount of funds involved in the transfers, analyzed by State;
(B) the rationales for the transfers;
(C) in the case of transfers described in paragraphs (4)(A) and (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.
(c) Availability of funds under this section to provide services 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.
(
Prior Provisions
A prior section 3028,
Provisions similar to those comprising this section were contained in
Amendments
1993—
1992—Subsec. (a)(3).
Subsec. (b)(1)(B), (2)(B).
Subsec. (b)(3)(B)(iii).
Subsec. (b)(4).
Subsec. (b)(5) to (7).
"(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
"(B) Of the funds received under subsections (a)(1) and (b) of
1987—Subsec. (b)(1).
Subsec. (b)(2).
Subsec. (b)(3)(C).
Subsec. (b)(5)(A).
Subsec. (b)(5)(B).
1984—Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (b)(1).
Subsec. (b)(2).
Subsec. (b)(3).
Subsec. (b)(3)(A).
Subsec. (b)(4).
Subsec. (b)(5), (6).
1981—Subsec. (a)(1).
Subsec. (b)(6).
Effective Date of 1987 Amendment
Amendment by
Effective Date of 1984 Amendment
Amendment by
Termination of Trust Territory of the Pacific Islands
For termination of Trust Territory of the Pacific Islands, see note set out preceding
Section Referred to in Other Sections
This section is referred to in
§3029. Payments of grants or contracts
(a) Advances or reimbursement; installments; assistance in development of State plan
Payments of grants or contracts under this subchapter may be made (after necessary adjustments resulting from previously made overpayments or underpayments) in advance or by way of reimbursement, and in such installments, as the Assistant Secretary may determine. From a State's allotment for a fiscal year which is available under
(b) Matching funds; percentage limitation
(1) For each fiscal year, not less than 25 percent of the non-Federal share of the total expenditures under the State plan which is required by
(2) Funds required to meet the non-Federal share required by
(c) Reduction of State allotment
A State's allotment under
(
Prior Provisions
A prior section 3029,
Provisions similar to those comprising this section were contained in
Amendments
1993—Subsec. (a).
1987—Subsec. (c).
1984—Subsec. (a).
Subsec. (b)(2).
Effective Date of 1987 Amendment
Amendment by
Effective Date of 1984 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§3030. Disaster relief reimbursements
(a) Application; limitations
(1) The Assistant Secretary may provide reimbursements to any State, upon application for such reimbursement, for funds such State makes available to area agencies on aging in such State for the delivery of supportive services (and related supplies) during any major disaster declared by the President in accordance with the Robert T. Stafford Disaster Relief and Emergency Assistance Act [
(2) Total payments to all States under paragraph (1) in any fiscal year shall not exceed 2 percent of the total amount appropriated and available to carry out subchapter IV of this chapter.
(3) If the Assistant Secretary decides, in the 5-day period beginning on the date such disaster is declared by the President, to provide an amount of reimbursement under paragraph (1) to a State, then the Assistant Secretary shall provide not less than 75 percent of such amount to such State not later than 5 days after the date of such decision.
(b) Setting aside of funds by Assistant Secretary
(1) At the beginning of each fiscal year the Assistant Secretary shall set aside, for payment to States under subsection (a) of this section, an amount equal to 2 percent of the total amount appropriated and available to carry out subchapter IV of this chapter.
(2) Amounts set aside under paragraph (1) which are not obligated by the end of the third quarter of any fiscal year shall be made available to carry out subchapter IV of this chapter.
(c) Effect on other laws
Nothing in this section shall be construed to prohibit expenditures by States for disaster relief for older individuals in excess of amounts reimbursable under this section, by using funds made available to them under other sections of this chapter or under other provisions of Federal or State law, or from private sources.
(
References in Text
The Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in subsec. (a)(1), is
Amendments
1993—
Subsec. (a)(1).
1992—Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (a)(3).
Subsec. (b)(1).
Subsec. (b)(2).
1988—Subsec. (a)(1).
1981—Subsec. (a)(1).
Subsecs. (a)(2), (b)(1), (2).
Effective Date
Section effective at the close of Sept. 30, 1978, see section 504 of
§3030a. Availability of surplus commodities
(a) Donation of products; amount of assistance
(1) Agricultural commodities and products purchased by the Secretary of Agriculture under
(2) The Commodity Credit Corporation shall dispose of food commodities under
(3) Dairy products purchased by the Secretary of Agriculture under
(4)(A) Subject to the authorization of appropriations specified in subsection (c) of this section, in donating commodities under this subsection, the Secretary of Agriculture shall maintain—
(i) for fiscal year 1992, a level of assistance equal to the greater of—
(I) a per meal rate equal to the amount appropriated under subsection (c) of this section for fiscal year 1992, divided by the number of meals served in the preceding fiscal year; or
(II) 61 cents per meal; and
(ii) for fiscal year 1993 and each subsequent fiscal year, an annually programmed level of assistance equal to the greater of—
(I) a per meal rate equal to the amount appropriated under subsection (c) of this section for the fiscal year, divided by the number of meals served in the preceding fiscal year; or
(II) 61 cents per meal, adjusted in accordance with changes in the series for food away from home, of the Consumer Price Index For All Urban Consumers, published by the Bureau of Labor Statistics of the Department of Labor, based on the 12-month period ending on July 1 of the preceding year.
(B) Among the commodities delivered under this subsection, the Secretary shall give special emphasis to high protein foods, meat, and meat alternates. The Secretary of Agriculture, in consultation with the Assistant Secretary for Aging, is authorized to prescribe the terms and conditions respecting the donating of commodities under this subsection.
(b) Cash payments in lieu of food commodities
(1) Notwithstanding any other provision of law, a State may, for purposes of the programs authorized by this chapter, elect to receive cash payments in lieu of donated foods for all or any portion of its project. In any case in which a State makes such an election, the Secretary of Agriculture shall make cash payments to such State in an amount equivalent in value to the donated foods which the State otherwise would have received if such State had retained its commodity distribution.
(2) When such payments are made, the State agency shall promptly and equitably disburse any cash it receives in lieu of commodities to recipients of grants or contracts. Such disbursements shall only be used by such recipients of grants or contracts to purchase United States agricultural commodities and other foods for their nutrition projects.
(3) Nothing in this subsection shall be construed to authorize the Secretary of Agriculture to require any State to elect to receive cash payments under this subsection.
(c) Authorization of appropriations; final reimbursement claims; reduction of cents-per-meal level
(1)(A) There are authorized to be appropriated $250,000,000 for fiscal year 1992, $310,000,000 for fiscal year 1993, $380,000,000 for fiscal year 1994, and $460,000,000 for fiscal year 1995, to carry out the provisions of this section (other than subsection (a)(1) of this section).
(B) Effective on the first day of the first month beginning after October 9, 1984, no State may receive reimbursement under the provisions of this section unless the State submits final reimbursement claims for meals within 90 days after the last day of the quarter for which the reimbursement is claimed.
(2)(A) Except as provided in subparagraph (B), in any fiscal year in which compliance with subsection (a)(4) of this section costs more than the amounts authorized under paragraph (1) of this subsection for that fiscal year the Secretary of Agriculture shall reduce the cents per meal level determined pursuant to subsection (a)(4) of this section for that fiscal year as necessary to meet the authorization of appropriations for that fiscal year.
(B) In each fiscal year, the final reimbursement claims shall be adjusted to use the full amount appropriated under this subsection for the fiscal year.
(d) Dissemination of information
In each fiscal year, the Secretary of Agriculture and the Secretary of Health and Human Services shall jointly disseminate to State agencies, area agencies on aging, and providers of nutrition services assisted under this subchapter, information concerning—
(1) the existence of any Federal commodity processing program in which such State agencies, area agencies on aging, and providers may be eligible to participate; and
(2) the procedures to be followed to participate in the program.
(
Amendments
1993—Subsec. (a)(4)(B).
1992—Subsec. (a)(4).
Subsec. (c)(1)(A).
Subsec. (c)(2).
Subsec. (d)(1).
1987—Subsec. (a)(4).
Subsec. (c)(1)(A).
"(i) There are authorized to be appropriated $144,000,000 for fiscal year 1986 and $144,000,000 for fiscal year 1987 to carry out this section (other than subsection (a)(1) of this section).
"(ii) The provisions of the second and third sentences of subsection (a)(4) of this section shall not apply for fiscal years 1986 and 1987."
1986—Subsec. (a)(4).
Subsec. (c)(1)(A).
Subsec. (d).
1984—Subsec. (a)(4).
Subsec. (c).
Subsec. (c)(1).
Subsec. (c)(2).
Subsec. (d).
1981—Subsec. (a)(4).
Subsecs. (b), (c).
Subsec. (d).
Effective Date of 1987 Amendment
Amendment by
Effective Date of 1986 Amendment
Section 5 of
Effective Date of 1984 Amendment
Amendment by
Effective Date
Section effective at close of Sept. 30, 1978, see section 504 of
Establishment of Maximum Rate of Reimbursement to States for Meals; Availability of Funds
Authorization of Appropriations
Section 3(a) of
Section Referred to in Other Sections
This section is referred to in
§3030b. Recapture of payments made for multipurpose senior centers
If, within 10 years after acquisition, or within 20 years after the completion of construction, of any facility for which funds have been paid under this subchapter—
(1) the owner of the facility ceases to be a public or nonprofit private agency or organization; or
(2) the facility ceases to be used for the purposes for which it was acquired (unless the Assistant Secretary determines, in accordance with regulations, that there is good cause for releasing the applicant or other owner from the obligation to do so);
the United States shall be entitled to recover from the applicant or other owner of the facility an amount which bears to the then value of the facility (or so much thereof as constituted an approved project or projects) the same ratio as the amount of such Federal funds bore to the cost of the facility financed with the aid of such funds. Such value shall be determined by agreement of the parties or by action brought in the United States district court for the district in which such facility is situated.
(
Amendments
1993—Par. (2).
Effective Date
Section effective at close of Sept. 30, 1978, see section 504 of
§3030c. Audit; request for information
(a) The Assistant Secretary and the Comptroller General of the United States or any of their duly authorized representatives shall have access for the purpose of audit and examination to any books, documents, papers, and records that are pertinent to a grant or contract received under this subchapter.
(b) State agencies and area agencies on aging shall not request information or data from providers which is not pertinent to services furnished pursuant to this chapter or a payment made for such services.
(
Amendments
1993—Subsec. (a).
1984—
Effective Date of 1984 Amendment
Amendment by
Effective Date
Section effective at close of Sept. 30, 1978, see section 504 of
§3030c–1. Rights relating to in-home services for frail older individuals
The Assistant Secretary shall require entities that provide in-home services under this subchapter to promote the rights of each older individual who receives such services. Such rights include the following:
(1) The right—
(A) to be fully informed in advance about each in-home service provided by such entity under this subchapter and about any change in such service that may affect the well-being of such individual; and
(B) to participate in planning and changing an in-home service provided under this subchapter by such entity unless such individual is judicially adjudged incompetent.
(2) The right to voice a grievance with respect to such service that is or fails to be so provided, without discrimination or reprisal as a result of voicing such grievance.
(3) The right to confidentiality of records relating to such individual.
(4) The right to have the property of such individual treated with respect.
(5) The right to be fully informed (orally and in writing), in advance of receiving an in-home service under this subchapter, of such individual's rights and obligations under this subchapter.
(
Amendments
1993—
Part B—Supportive Services
Part Referred to in Other Sections
This part is referred to in
§3030d. Grants for supportive services
(a) The Assistant Secretary shall carry out a program for making grants to States under State plans approved under
(1) health (including mental health), education and training, welfare, informational, recreational, homemaker, counseling, or referral services;
(2) transportation services to facilitate access to supportive services or nutrition services, or both;
(3) services designed to encourage and assist older individuals to use the facilities and services (including information and assistance services) available to them, including language translation services to assist older individuals with limited-English speaking ability to obtain services under this subchapter;
(4) services designed (A) to assist older individuals to obtain adequate housing, including residential repair and renovation projects designed to enable older individuals to maintain their homes in conformity with minimum housing standards; (B) to adapt homes to meet the needs of older individuals who have physical disabilities; (C) to prevent unlawful entry into residences of older individuals, through the installation of security devices and through structural modifications or alterations of such residences; or (D) to receive applications from older individuals for housing under
(5) services designed to assist older individuals in avoiding institutionalization and to assist individuals in long-term care institutions who are able to return to their communities, including client assessment through case management and integration and coordination of community services such as preinstitution evaluation and screening and home health services, homemaker services, shopping services, escort services, reader services, and letter writing services, through resource development and management to assist such individuals to live independently in a home environment;
(6) services designed to provide to older individuals legal assistance and other counseling services and assistance, including—
(A) tax counseling and assistance, financial counseling, and counseling regarding appropriate health and life insurance coverage;
(B) representation—
(i) of individuals who are wards (or are allegedly incapacitated); and
(ii) in guardianship proceedings of older individuals who seek to become guardians, if other adequate representation is unavailable in the proceedings; and
(C) provision, to older individuals who provide uncompensated care to their adult children with disabilities, of counseling to assist such older individuals with permanency planning for such children;
(7) services designed to enable older individuals to attain and maintain physical and mental well-being through programs of regular physical activity, exercise, music therapy, art therapy, and dance-movement therapy;
(8) services designed to provide health screening to detect or prevent illnesses, or both, that occur most frequently in older individuals;
(9) services designed to provide, for older individuals, preretirement counseling and assistance in planning for and assessing future post-retirement needs with regard to public and private insurance, public benefits, lifestyle changes, relocation, legal matters, leisure time, and other appropriate matters;
(10) services of an ombudsman at the State level to receive, investigate, and act on complaints by older individuals who are residents of long-term care facilities and to advocate for the well-being of such individuals;
(11) services which are designed to meet the unique needs of older individuals who are disabled, and of older individuals who provide uncompensated care to their adult children with disabilities;
(12) services to encourage the employment of older workers, including job and second career counseling and, where appropriate, job development, referral, and placement;
(13) crime prevention services and victim assistance programs for older individuals;
(14) a program, to be known as "Senior Opportunities and Services", designed to identify and meet the needs of low-income older individuals in one or more of the following areas: (A) development and provision of new volunteer services; (B) effective referral to existing health, employment, housing, legal, consumer, transportation, and other services; (C) stimulation and creation of additional services and programs to remedy gaps and deficiencies in presently existing services and programs; and (D) such other services as the Assistant Secretary may determine are necessary or especially appropriate to meet the needs of low-income older individuals and to assure them greater self-sufficiency;
(15) services for the prevention of abuse of older individuals in accordance with subpart III of part A of subchapter XI of this chapter and
(16) inservice training and State leadership for legal assistance activities;
(17) health and nutrition education services, including information concerning prevention, diagnosis, treatment, and rehabilitation of age-related diseases and chronic disabling conditions;
(18) services designed to enable mentally impaired older individuals to attain and maintain emotional well-being and independent living through a coordinated system of support services;
(19) services designed to support family members and other persons providing voluntary care to older individuals that need long-term care services;
(20) services designed to provide information and training for individuals who are or may become guardians or representative payees of older individuals, including information on the powers and duties of guardians and representative payees and on alternatives to guardianships;
(21) services to encourage and facilitate regular interaction between school-age children and older individuals, including visits in long-term care facilities, multipurpose senior centers, and other settings; or
(22) any other services;
if such services meet standards prescribed by the Assistant Secretary and are necessary for the general welfare of older individuals. For purposes of paragraph (5), the term "client assessment through case management" includes providing information relating to assistive technology.
(b)(1) The Assistant Secretary shall carry out a program for making grants to States under State plans approved under
(2) Funds made available to a State under this part may be used for the purpose of assisting in the operation of multipurpose senior centers and meeting all or part of the costs of compensating professional and technical personnel required for the operation of multipurpose senior centers.
(
Amendments
1993—Subsec. (a).
Subsec. (a)(15).
Subsec. (b)(1).
1992—Subsec. (a)(3).
Subsec. (a)(4)(C).
Subsec. (a)(4)(D).
Subsec. (a)(6).
Subsec. (a)(7).
Subsec. (a)(9).
Subsec. (a)(11).
Subsec. (a)(12).
Subsec. (a)(14).
Subsec. (a)(14)(D).
Subsec. (a)(15).
Subsec. (a)(17).
Subsec. (a)(19) to (22).
1987—Subsec. (a).
Subsec. (a)(1).
Subsec. (a)(4)(B).
Subsec. (a)(10).
1984—Subsec. (a)(5).
Subsec. (a)(6).
Subsec. (a)(8).
Subsec. (a)(15) to (19).
Subsec. (b)(1).
Subsec. (b)(2).
1981—Subsec. (a).
Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (a)(4).
Subsec. (a)(12) to (15).
Effective Date of 1992 Amendment
Amendment by section 708(b) of
Amendment by section 708(b) of
Effective Date of 1987 Amendment
Amendment by
Effective Date of 1984 Amendment
Amendment by
Effective Date
Part effective at close of Sept. 30, 1978, see section 504 of
Section Referred to in Other Sections
This section is referred to in
Part C—Nutrition Services
Part Referred to in Other Sections
This part is referred to in
subpart i—congregate nutrition services
Subpart Referred to in Other Sections
This subpart is referred to in
§3030e. Grants for establishment and operation of nutrition projects
The Assistant Secretary shall carry out a program for making grants to States under State plans approved under
(1) which, 5 or more days a week (except in a rural area where such frequency is not feasible (as defined by the Assistant Secretary by regulation) and a lesser frequency is approved by the State agency), provide at least one hot or other appropriate meal per day and any additional meals which the recipient of a grant or contract under this subpart may elect to provide;
(2) which shall be provided in congregate settings; and
(3) which may include nutrition education services and other appropriate nutrition services for older individuals.
(
Amendments
1993—
1992—Par. (1).
Effective Date
Subpart effective at close of Sept. 30, 1978, see section 504 of
Nutrition Projects for Elderly Under Prior Provisions, Qualified Under Successor Provisions, Eligible for Funds Under Such Provisions; Discontinuance of Payments for Ineffective Activities
Operation of predecessor projects under successor provisions, see section 501(b) of
Section Referred to in Other Sections
This section is referred to in
subpart ii—home delivered nutrition services
Subpart Referred to in Other Sections
This subpart is referred to in
§3030f. Grants for establishment and operation of nutrition projects for older individuals
The Assistant Secretary shall carry out a program for making grants to States under State plans approved under
(
Amendments
1993—
1992—
Effective Date
Subpart effective at close of Sept. 30, 1978, see section 504 of
Section Referred to in Other Sections
This section is referred to in
§3030g. Efficiency and quality criteria
The Assistant Secretary, in consultation with organizations of and for the aged, blind, and disabled, and with representatives from the American Dietetic Association, the Dietary Managers Association, the National Association of Area Agencies on Aging, the National Association of Nutrition and Aging Services Programs, the National Association of Meals Programs, Incorporated, and any other appropriate group, shall develop minimum criteria of efficiency and quality for the furnishing of home delivered meal services for projects described in
(
Amendments
1993—
1992—
1987—
1981—
Effective Date of 1987 Amendment
Amendment by
subpart iii—school-based meals for volunteer older individuals and multigenerational programs
Subpart Referred to in Other Sections
This subpart is referred to in
§3030g–11. Establishment
(a) In general
The Assistant Secretary shall establish and carry out, under State plans approved under
(1) provide hot meals, each of which ensures a minimum of one-third of the daily recommended dietary allowances as established by the Food and Nutrition Board of the National Research Council of the National Academy of Sciences, to volunteer older individuals—
(A) while such schools are in session;
(B) during the summer; and
(C) unless waived by the State involved, on the weekdays in the school year when such schools are not in session;
(2) provide multigenerational activities in which volunteer older individuals and students interact;
(3) provide social and recreational activities for volunteer older individuals;
(4) develop skill banks that maintain and make available to school officials information on the skills and preferred activities of volunteer older individuals, for purposes of providing opportunities for such individuals to serve as tutors, teacher aides, living historians, special speakers, playground supervisors, lunchroom assistants, and in other roles; and
(5) provide opportunities for volunteer older individuals to participate in school activities (such as classes, dramatic programs, and assemblies) and use school facilities.
(b) Federal share
The Federal share of the cost of establishing and operating nutrition and multigenerational activities projects under this subpart shall be 85 percent.
(
References in Text
Amendments
1993—Subsec. (a).
Effective Date
Subpart inapplicable with respect to fiscal year 1992, see section 905(b)(2) of
1 See References in Text note below.
2 So in original. Probably should be followed by a closing parenthesis.
§3030g–12. Application and selection of providers
(a) Contents of application
To be eligible to carry out a project under the program established under this subpart, an entity shall submit an application to a State agency. Such application shall include—
(1) a plan describing the project proposed by the applicant and comments on such plan from the appropriate area agency on aging and the appropriate local educational agency (as defined in
(2) an assurance that the entity shall pay not more than 85 percent of the cost of carrying out such project from funds awarded under this subpart;
(3) an assurance that the entity shall pay not less than 15 percent of such cost, in cash or in kind, from non-Federal sources;
(4) information demonstrating the need for such project, including a description of—
(A) the nutrition services and other services currently provided under this part in the geographic area to be served by such project; and
(B) the manner in which the project will be coordinated with such services; and
(5) such other information and assurances as the Assistant Secretary may require by regulation.
(b) Selection among applicants
In selecting grant recipients from among entities that submit applications under subsection (a) of this section for a fiscal year, the State agency shall—
(1) give first priority to entities that carried out a project under this subpart in the preceding fiscal year;
(2) give second priority to entities that carried out a nutrition project under subpart I of this part or subchapter X of this chapter in the preceding fiscal year; and
(3) give third priority to entities whose applications include a plan that involves a school with greatest need (as measured by the dropout rate, the level of substance abuse, and the number of children who have limited-English proficiency or who participate in programs under
(
Amendments
1994—Subsec. (a)(1).
Subsec. (b)(3).
1993—Subsec. (a)(5).
§3030g–13. Reports
(a) Reports by States
Not later than 60 days after the end of a fiscal year for which a State receives a grant under this subpart, such State shall submit to the Assistant Secretary a report evaluating the projects carried out under this subpart by such State in such fiscal year. Such report shall include for each project—
(1) a description of—
(A) persons served;
(B) multigenerational activities carried out; and
(C) additional needs of volunteer older individuals and students; and
(2) recommendations for any appropriate modifications to satisfy the needs described in paragraph (1)(C).
(b) Reports by Assistant Secretary
Not later than 120 days after the end of a fiscal year for which funds are appropriated to carry out this subpart, the Assistant Secretary shall submit to the Speaker of the House of Representatives and the President pro tempore of the Senate a report summarizing, with respect to each State, the reports submitted under subsection (a) of this section for such fiscal year.
(
Amendments
1993—Subsec. (a).
Subsec. (b).
subpart iv—general provisions
§3030g–21. Compliance with dietary guidelines
A State that establishes and operates a nutrition project under this part shall ensure that the meals provided through the project—
(1) comply with the Dietary Guidelines for Americans, published by the Secretary and the Secretary of Agriculture; and
(2) provide to each participating older individual—
(A) a minimum of 331/3 percent of the daily recommended dietary allowances as established by the Food and Nutrition Board of the National Research Council of the National Academy of Sciences, if the project provides 1 meal per day;
(B) a minimum of 662/3 percent of the allowances if the project provides 2 meals per day; and
(C) 100 percent of the allowances if the project provides 3 meals per day.
(
Effective Date
Subpart inapplicable with respect to fiscal year 1993, see section 4(b) of
Subpart inapplicable with respect to fiscal year 1992, see section 905(b)(2) of
Section Referred to in Other Sections
This section is referred to in
§3030g–22. Payment requirement
Payments made by a State agency or an area agency on aging for nutrition services (including meals) provided under part A, B, or C of this subchapter may not be reduced to reflect any increase in the level of assistance provided under
(
Part D—In-Home Services for Frail Older Individuals
Part Referred to in Other Sections
This part is referred to in
§3030h. Program authorized
(a) The Assistant Secretary shall carry out a program for making grants to States under State plans approved under
(b) In carrying out the provisions of this part, each area agency on aging shall coordinate with other community agencies and voluntary organizations providing counseling and training for family caretakers and support service personnel in management of care, functional and needs assessment services, assistance with locating, arranging for, and coordinating services, case management, and counseling prior to admission to nursing home to prevent premature institutionalization.
(
Amendments
1993—Subsec. (a).
1992—Subsec. (b).
Effective Date
Part effective Oct. 1, 1987, except not applicable with respect to any area plan submitted under
Section Referred to in Other Sections
This section is referred to in
§3030i. "In-home services" defined
For purposes of this part, the term "in-home services" includes—
(1) homemaker and home health aides;
(2) visiting and telephone reassurance;
(3) chore maintenance;
(4) in-home respite care for families, and adult day care as a respite service for families;
(5) minor modification of homes that is necessary to facilitate the ability of older individuals to remain at home and that is not available under other programs, except that not more than $150 per client may be expended under this part for such modification;
(6) personal care services; and
(7) other in-home services as defined—
(A) by the State agency in the State plan submitted in accordance with
(B) by the area agency on aging in the area plan submitted in accordance with
(
Amendments
1992—
Section Referred to in Other Sections
This section is referred to in
§3030j. State criteria
The State agency shall develop eligibility criteria for providing in-home services to frail older individuals which shall take into account—
(1) age;
(2) greatest economic need;
(3) noneconomic factors contributing to the frail condition; and
(4) noneconomic and nonhealth factors contributing to the need for such services.
(
§3030k. Maintenance of effort
Funds made available under this part shall be in addition to, and may not be used to supplant, any funds that are or would otherwise be expended under any Federal, State, or local law by a State or unit of general purpose local government (including area agencies on aging which have in their planning and services areas existing services which primarily serve older individuals who are victims of Alzheimer's disease and related disorders with neurological and organic brain dysfunction, and the families of such victims).
(
Section Referred to in Other Sections
This section is referred to in
Part E—Additional Assistance for Special Needs of Older Individuals
Part Referred to in Other Sections
This part is referred to in
§3030l. Program authorized
The Assistant Secretary shall carry out a program for making grants to States under State plans approved under
(1) transportation associated with services provided under this subchapter;
(2) outreach regarding such services;
(3) targeting such services to older individuals with greatest economic need or greatest social need;
(4) services under the ombudsman program established under subchapters III and XI of this chapter in accordance with
(5) any other service under this subchapter—
(A) for which the State demonstrates to satisfaction of the Assistant Secretary that there is unmet need; and
(B) which is appropriate to improve the quality of life of older individuals, particularly those with greatest economic need and those with greatest social need.
(
Amendments
1993—
1992—Par. (4).
Effective Date of 1992 Amendment
Amendment by
Amendment by
Effective Date
Section effective Oct. 1, 1987, except not applicable with respect to any area plan submitted under
Part F—Disease Prevention and Health Promotion Services
Part Referred to in Other Sections
This part is referred to in
§3030m. Program authorized
(a) Grants to States
The Assistant Secretary shall carry out a program for making grants to States under State plans approved under
(b) Community organizations and agencies
The Assistant Secretary shall, to the extent possible, assure that services provided by other community organizations and agencies are used to carry out the provisions of this part.
(
Amendments
1993—Subsec. (a).
Subsec. (b).
1992—Subsec. (a).
Subsecs. (b), (c).
Effective Date
Part effective Oct. 1, 1987, except not applicable with respect to any area plan submitted under
§3030n. Distribution to area agencies on aging
The State agency shall give priority, in carrying out this part, to areas of the State—
(1) which are medically underserved; and
(2) in which there are a large number of older individuals who have the greatest economic need for such services.
(
Amendments
1992—
§3030o. "Disease prevention and health promotion services" defined
As used in this part, the term "disease prevention and health promotion services" means—
(1) health risk assessments;
(2) routine health screening, which may include hypertension, glaucoma, cholesterol, cancer, vision, hearing, diabetes, and nutrition screening;
(3) nutritional counseling and educational services for individuals and their primary caregivers;
(4) health promotion programs, including programs relating to chronic disabling conditions (including osteoporosis and cardiovascular disease) prevention and reduction of effects, alcohol and substance abuse reduction, smoking cessation, weight loss and control, and stress management;
(5) programs regarding physical fitness, group exercise, and music, art, and dance-movement therapy, including programs for multigenerational participation that are provided by—
(A) an institution of higher education;
(B) a local educational agency, as defined in
(C) a community-based organization;
(6) 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;
(7) screening for the prevention of depression, coordination of community mental health services, provision of educational activities, and referral to psychiatric and psychological services;
(8) educational programs on the availability, benefits, and appropriate use of preventive health services covered under title XVIII of the Social Security Act (
(9) medication management screening and education to prevent incorrect medication and adverse drug reactions;
(10) information concerning diagnosis, prevention, treatment, and rehabilitation of age-related diseases and chronic disabling conditions, including osteoporosis, cardiovascular diseases, and Alzheimer's disease and related disorders with neurological and organic brain dysfunction;
(11) gerontological counseling; and
(12) counseling regarding social services and followup health services based on any of the services described in paragraphs (1) through (11).
The term shall not include services for which payment may be made under title XVIII of the Social Security Act (
(
References in Text
The Social Security Act, referred to in text, is act Aug. 14, 1935, ch. 531,
Amendments
1994—Par. (5)(B).
1992—
"(1) routine health screening, which may include hypertension, glaucoma, cholesterol, cancer, vision and hearing screening;
"(2) group exercise programs;
"(3) home injury control services, including screening of high-risk home environments and educational programs on injury protection in the home environment;
"(4) nutritional counseling and educational services;
"(5) screening for the prevention of depression, coordination of community mental health services, educational activities, and referral to psychiatric and psychological services;
"(6) educational programs on the benefits and limitations of Medicare and various supplemental insurance coverage, including individual policy screening and health insurance-needs counseling; and
"(7) counseling regarding followup health services based on any of the services provided for above."
Section Referred to in Other Sections
This section is referred to in
Part G—Supportive Activities for Caretakers Who Provide In-Home Services to Frail Older Individuals
Part Referred to in Other Sections
This part is referred to in
§3030p. Program authorized
The Assistant Secretary shall carry out a program for making grants to States under State plans approved under
(1) providing training and counseling for such caretakers;
(2) technical assistance to such caretakers to assist them to form or to participate in support groups;
(3) providing information—
(A) to frail older individuals and their families regarding how to obtain in-home services and respite services; and
(B) to caretakers who provide such services, regarding—
(i) how to provide such services; and
(ii) sources of nonfinancial support available to them as a result of their providing such services; and
(4) maintaining lists of individuals who provide respite services for the families of frail older individuals.
(
Prior Provisions
A prior section 3030p,
Amendments
1993—
Effective Date
Part inapplicable with respect to fiscal year 1992, see section 905(b)(2) of
§3030q. "In-home services" defined
For purposes of this part, the term "in-home services" has the meaning given such term in
(
§3030r. Maintenance of effort
(
SUBCHAPTER IV—TRAINING, RESEARCH, AND DISCRETIONARY PROJECTS AND PROGRAMS
Codification
Title IV of the Older Americans Act of 1965, comprising this subchapter, was originally enacted by
Subchapter Referred to in Other Sections
This subchapter is referred to in
§3030aa. Statement of purpose
It is the purpose of this subchapter to expand the Nation's knowledge and understanding of aging and the aging process, to design and test innovative ideas in programs and services for older individuals, and publicly disseminate the results of the tests, to replicate such programs and services under this chapter, and to help meet the needs for trained personnel in the field of aging through—
(1) placing a priority on the education and training of personnel to work with and on behalf of older individuals, with special emphasis on minority individuals, low-income individuals, frail individuals, and individuals with disabilities;
(2) research and development of effective practices in the field of aging;
(3) demonstration projects directly related to the field of aging; and
(4) dissemination of information on aging and the aging process acquired through such programs to public and private organizations or programs for older individuals.
(
Prior Provisions
A prior section 401 of
Another prior section 401 of
Amendments
1992—
1987—Par. (1).
Effective Date of 1987 Amendment
Amendment by
Effective Date
Section effective Oct. 9, 1984, see section 803(a) of
§3030bb. Administration
(a) Administration
In order to carry out the provisions of this subchapter effectively, the Assistant Secretary shall administer this subchapter through the Administration.
(b) Technical assistance and cooperation
In carrying out the provisions of this subchapter, the Assistant Secretary may request the technical assistance and cooperation of the Department of Education, the National Institutes of Health, the Department of Veterans Affairs, the Substance Abuse and Mental Health Services Administration, and such other agencies and departments of the Federal Government as may be appropriate.
(c) Minorities
The Assistant Secretary shall ensure that grants and contracts under this subchapter are equitably awarded to agencies, organizations, and institutions representing minorities.
(d) Consultation
The Assistant Secretary shall, in developing priorities, consistent with the requirements of this subchapter, for awarding grants and entering into contracts under this subchapter, consult annually with State agencies, area agencies on aging, recipients of grants under subchapter X of this chapter, institutions of higher education, organizations representing beneficiaries of services under this chapter, and other organizations, and individuals, with expertise in aging issues.
(e) Evaluation and compliance
The Assistant Secretary shall ensure that grants and contracts awarded under this subchapter—
(1) are evaluated for their benefit to older individuals, and to programs under this chapter; and
(2) comply with the requirements under this chapter.
(
Prior Provisions
A prior section 402 of
Another prior section 402 of
Amendments
1993—
Subsec. (b).
1992—Subsec. (a).
Subsec. (b).
Subsecs. (d), (e).
1991—Subsec. (b).
1987—Subsec. (b).
Subsec. (c).
Effective Date of 1992 Amendments
Amendment by
Amendment by
Effective Date of 1987 Amendment
Amendment by
Effective Date
Section effective Oct. 9, 1984, see section 803(a) of
Part A—Education and Training
Part Referred to in Other Sections
This part is referred to in
§3030jj. Purpose
The purpose of this part is to improve the quality of service and to help meet critical shortages of adequately trained personnel for programs in the field of aging by—
(1) identifying both short- and long-range manpower needs in the field of aging;
(2) providing a broad range of educational and training opportunities to meet those needs;
(3) attracting a greater number of qualified personnel, with particular emphasis on attracting minority individuals, into the field of aging;
(4) helping to upgrade personnel training programs to make them more responsive to the need in the field of aging; and
(5) establishing and supporting multidisciplinary centers of gerontology (including centers of gerontology to improve, enhance, and expand minority personnel and training programs) and providing special emphasis that will improve, enhance, and expand existing training programs.
(
Amendments
1992—Par. (3).
1987—Par. (5).
Effective Date of 1987 Amendment
Amendment by
Effective Date
Section effective Oct. 9, 1984, see section 803(a) of
§3031. Grants and contracts
(a) Purposes
The Assistant Secretary shall make grants and enter into contracts to achieve the purpose of this part. The purposes for which such grants and contracts shall be made include the following:
(1) To provide comprehensive and coordinated nondegree education, training programs, and curricula at institutions of higher education and at other research, training, or educational organizations, for practitioners in the fields of nutrition, health (including mental health) care, gerontology, supportive services, housing, and long-term care, including the expansion and enhancement of existing inservice education and training programs.
(2) To provide inservice training opportunities to the personnel of State offices, area agencies on aging, senior centers, and nutrition and counseling programs to strengthen their capacity to remain responsive to the needs of older individuals, with special emphasis on using culturally sensitive practices.
(3) To provide courses on aging and the dissemination of information about aging to the public through institutions of higher education and other public and nonprofit private organizations and agencies.
(4) To provide in-service training opportunities and courses of instruction on aging to Indian tribes through public and nonprofit Indian aging organizations.
(5) To provide annually a national meeting to train directors of programs under subchapter X of this chapter.
(b) Educational activities; inservice training
To achieve the purpose of this subchapter, the Administration shall conduct both—
(1) long-term educational activities to prepare personnel for careers in the field of aging; and
(2) short-term inservice training and continuing education activities for State agency and area agency on aging personnel, and other personnel, in the field of aging or preparing to enter the field of aging.
(c) Recruitment and training of personnel; Alzheimer's disease and related disorders
In making grants and contracts under this part, the Assistant Secretary shall give special consideration to the recruitment and training of personnel, volunteers, and those individuals preparing for employment in that part of the field of aging which relates to providing services to individuals with disabilities and to individuals with Alzheimer's disease and related disorders with neurological and organic brain dysfunction and providing family respite services with respect to such individuals.
(d) Data on number of individuals to be trained and number of older individuals to be served
In making grants or contracts under this part, the Assistant Secretary shall ensure that all projects and activities related to personnel training shall include specific data on the number of individuals to be trained and the number of older individuals to be served through such training activities by public and nonprofit agencies, State and area agencies on aging, institutions of higher education, and other organizations.
(e) Grants and contracts for training of service providers
From amounts appropriated under
(1) comprised of—
(A) intensive training regarding normal aging, recognition of problems of older individuals, and communication with providers of mental health services; and
(B) advanced clinical training regarding means of assessing and treating the problems of older individuals;
(2) provided by—
(A) faculty and graduate students in programs of human development and family studies at an institution of higher education;
(B) mental health professionals; and
(C) nationally recognized consultants with expertise regarding the mental health problems of individuals residing in rural areas; and
(3) held in public hospitals throughout each State in which the program is carried out.
(
Prior Provisions
A prior section 3031,
Another prior section 3031,
A prior section 411 of
Provisions similar to those comprising this section were contained in
Amendments
1993—
Subsec. (e).
1992—Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (a)(5).
Subsec. (b).
Subsec. (b)(2).
Subsec. (e).
1988—Subsec. (c).
1987—Subsec. (a)(1).
Subsec. (a)(4).
Subsec. (c).
1984—
Effective Date of 1987 Amendment
Amendment by
Effective Date of 1984 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§3032. Multidisciplinary centers of gerontology and gerontology centers of special emphasis; establishment and support; requirements; data
(a) The Assistant Secretary may make grants to public and private nonprofit agencies, organizations, and institutions for the purpose of establishing or supporting multidisciplinary centers of gerontology, and gerontology centers of special emphasis (including emphasis on nutrition, employment, health (including mental health), disabilities (including severe disabilities), income maintenance, counseling services, supportive services and minority populations). Such centers shall conduct research and policy analysis and function as a technical resource for the Assistant Secretary, policymakers, service providers, and the Congress. Multidisciplinary centers of gerontology shall—
(1) recruit and train personnel;
(2) conduct basic and applied research directed toward the development of information related to aging;
(3) stimulate the incorporation of information on aging into the teaching of biological, behavioral, and social sciences at colleges and universities;
(4) help to develop training programs in the field of aging at schools of public health, education, social work, and psychology, and other appropriate schools within colleges and universities;
(5) serve as a repository of information and knowledge on aging;
(6) provide consultation and information to public and voluntary organizations, including State agencies and area agencies on aging, which serve the needs of older individuals in planning and developing services provided under other provisions of this chapter; and
(7) if appropriate, provide information relating to assistive technology.
(b) Centers supported under this section shall provide data to the Assistant Secretary on the projects and activities for which funds are provided under this subchapter. Such data shall include the number of personnel trained, the number of older individuals served, the number of schools assisted, and other information that will facilitate achieving the objectives of this chapter.
(
Prior Provisions
A prior section 3032,
Another prior section 3032,
A prior section 412 of
Provisions similar to those comprising section 3032 were contained in former
A prior section 3033,
Amendments
1993—
1992—Subsec. (a).
Subsec. (a)(4).
Subsec. (a)(6).
Subsec. (b).
1987—Subsec. (a).
Subsec. (a)(7).
1984—
Effective Date of 1987 Amendment
Amendment by
Effective Date of 1984 Amendment
Amendment by
Part B—Research, Demonstrations, and Other Activities
Part Referred to in Other Sections
This part is referred to in
§3034. Purpose
The purpose of this part is to improve the quality and efficiency of programs serving older individuals through research and development projects, and demonstration projects, designed to—
(1) develop and synthesize knowledge about aging from multidisciplinary perspectives;
(2) establish an information base of data and practical experience;
(3) examine effective models of planning and practice that will improve or enhance services provided under other provisions of this chapter;
(4) evaluate the efficacy, quality, efficiency, and accessibility of programs and services for older individuals; and
(5) develop, implement, and evaluate innovative planning and practice strategies to address the needs, concerns, and capabilities of older individuals.
(
Prior Provisions
A prior section 3034,
Effective Date
Section effective Oct. 9, 1984, see section 803(a) of
§3035. Research and development projects
(a) Authority to make grants or enter into contracts
The Assistant Secretary may make grants to any public or nonprofit private agency, organization, or institution, and may enter into contracts with any agency, organization, institution, or individual to support research and development related to the objectives of this chapter, evaluation of the results of such research and development activities, and collection and dissemination of information concerning research findings, demonstration results, and other materials developed in connection with activities assisted under this subchapter, and conducting of conferences and other meetings for purposes of exchange of information and other activities related to the purpose of this subchapter. Appropriate provisions for the dissemination of resulting information shall be a requirement for all grants made under this section.
(b) Policy or practical application statement
Each research and development activity proposal for which funds are requested under subsection (a) of this section shall include a concise policy or practical application statement.
(c) Selection criteria
(1) The Assistant Secretary shall select, to the extent practicable, for assistance under subsection (a) of this section research activities which will, not later than three years after October 9, 1984, collectively—
(A) contribute to the establishment and maintenance of a demographic data base which contains information on the population of older individuals generally and older individuals categorized by age, sex, race, geographical location, and such other factors as the Assistant Secretary deems useful for the purpose of formulating public policy;
(B) identify the future needs of older individuals;
(C) identify the kinds and comprehensiveness of programs required to satisfy such needs; and
(D) identify the kinds and number of personnel required to carry out such programs.
(2) The Assistant Secretary shall select, to the extent practicable, for assistance under subsection (a) of this section demonstration projects which test research results and implement innovative ways of satisfying the needs of, and delivering services to, older individuals.
(
Prior Provisions
A prior section 3035,
A prior section 421 of
Provisions similar to those comprising this section were contained in
Amendments
1993—Subsec. (a).
Subsec. (c).
1992—Subsec. (a).
1984—
Effective Date of 1984 Amendment
Amendment by
§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
(V) through supportive services described in
(VI) through disease prevention and health promotion services described in
(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.
(
Codification
In subsec. (c), "December 29, 1981" substituted for "the effective date of this subsection", which probably meant the date of enactment of
Prior Provisions
A prior section 3035a,
A prior section 422 of
Provisions similar to those comprising this section were contained in
Amendments
1993—
Subsec. (b)(12)(C).
1992—Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (b)(1).
Subsec. (b)(2).
Subsec. (b)(6).
Subsec. (b)(8).
Subsec. (b)(9).
"(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).
Subsec. (c)(3).
Subsec. (d)(2).
1988—Subsec. (b)(1).
Subsec. (b)(9)(B).
1987—Subsec. (a).
Subsec. (b).
Subsec. (b)(1).
Subsec. (b)(2)(E).
Subsec. (b)(9).
1984—Subsec. (a).
Subsec. (b)(1).
Subsec. (b)(2).
Subsec. (b)(2)(D)(i).
Subsec. (b)(3) to (8).
Subsec. (d).
Effective Date of 1993 Amendment
Amendment by
Effective Date of 1987 Amendment
Amendment by
Effective Date of 1984 Amendment
Amendment by
1 So in original. Probably should be "Commissioner". See 1993 Amendment note below.
§3035b. Special projects in comprehensive long-term care
(a) Definitions
As used in this section:
(1) Project
The term "Project" means a Project to Improve the Delivery of Long-Term Care Services.
(2) Resource Center
The term "Resource Center" means a Resource Center for Long-Term Care.
(b) Resource Centers
(1) Grants and contracts
The Assistant Secretary shall award grants to, or enter into contracts with, eligible entities to support the establishment or operation of not fewer than four and not more than seven Resource Centers in accordance with paragraph (2).
(2) Requirements
(A) Functions
Each Resource Center that receives funds under this subsection shall, with respect to subjects within an area of specialty of the Resource Center—
(i) perform research;
(ii) provide for the dissemination of results of the research; and
(iii) provide technical assistance and training to State agencies and area agencies on aging.
(B) Area of speciality
For purposes of subparagraph (A) the term "area of speciality" means—
(i) Alzheimer's disease and related dementias, and other cognitive impairments;
(ii) client assessment and case management;
(iii) data collection and analysis;
(iv) home modification and supportive services to enable older individuals to remain in their homes;
(v) consolidation and coordination of services;
(vi) linkages between acute care, rehabilitative services, and long-term care, facilities and providers;
(vii) decisionmaking and bioethics;
(viii) supply, training, and quality of long-term care personnel, including those who provide rehabilitative services;
(ix) rural issues, including barriers to access to services;
(x) chronic mental illness;
(xi) populations with greatest social need and populations with greatest economic need, with particular attention to low-income minorities; and
(xii) an area of importance as determined by the Assistant Secretary.
(c) Projects
The Assistant Secretary shall award grants to, or enter into contracts with, eligible entities to support the entities in establishing and carrying out not fewer than 10 Projects.
(d) Use of funds
(1) In general
Except as provided in paragraph (2), an eligible entity may use funds received under a grant or contract—
(A) described in subsection (b)(1) of this section to pay for part or all of the cost (including startup cost) of establishing and operating a new Resource Center, or of operating a Resource Center in existence on the day before September 30, 1992; or
(B) described in subsection (c) of this section to pay for part or all of the cost (including startup cost) of establishing and carrying out a Project.
(2) Reimbursable direct services
None of the funds may be used to pay for direct services that are eligible for reimbursement under title XVIII, XIX, or XX of the Social Security Act (
(e) Preference
In awarding grants, and entering into contracts, under this section, the Assistant Secretary shall give preference to entities that demonstrate that—
(1) adequate State standards have been developed to ensure the quality of services provided under the grant or contract; and
(2) the entity has made a commitment to carry out programs under the grant or contract with each State agency responsible for the administration of title XIX or XX of the Social Security Act [
(f) Application
(1) In general
To be eligible to receive funds under a grant or contract described in subsection (b)(1) or (c) of 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.
(2) Project application
An entity seeking a grant or contract under subsection (c) of this section shall submit an application to the Assistant Secretary containing, at a minimum—
(A) information identifying and describing gaps, weaknesses, or other problems in the delivery of long-term care services in the State or geographic area to be served by the entity, including—
(i) duplication of functions in the delivery of such services, including duplication at the State and local level;
(ii) fragmentation of systems, especially in coordinating services to populations of older individuals and other populations;
(iii) barriers to access for populations with greatest social need and populations with greatest economic need, including minorities and residents of rural areas;
(iv) lack of financing for such services;
(v) lack of availability of adequately trained personnel to provide such services; and
(vi) lack of a range of chronic care services (including rehabilitative strategies) that promote restoration, maintenance, or improvement of function in older individuals;
(B) a plan to address the gaps, weaknesses, and problems described in clauses (i) through (v); and
(C) information describing the extent to which the entity will coordinate with area agencies on aging and service providers in carrying out the proposed Project.
(g) Eligible entities
(1) Resource Centers
Entities eligible to receive grants, or enter into contracts, under subsection (b)(1) of this section shall be—
(A) institutions of higher education; and
(B) other public agencies and nonprofit private organizations.
(2) Projects
Entities eligible to receive grants, or enter into contracts, under subsection (c) of this section include—
(A) State agencies; and
(B) in consultation with State agencies—
(i) area agencies on aging;
(ii) institutions of higher education; and
(iii) other public agencies and nonprofit private organizations.
(h) Report
The Assistant Secretary shall include in the annual report to the Congress required by
(1) an analysis of the relative effectiveness, and recommendations for any changes, of the projects of Resource Centers funded under subsection (b)(1) of this section in the fiscal year for which the Assistant Secretary is preparing the annual report; and
(2) an evaluation of the needs identified, the agencies utilized, and the effectiveness of the approaches used by projects funded under subsection (c) of this section.
(i) Availability of funds
The Assistant Secretary shall make available for carrying out subsection (b) of this section for each fiscal year not less than the amount made available in fiscal year 1991 for making grants and entering into contracts to establish and operate Resource Centers under this section as in effect on the day before September 30, 1992.
(
References in Text
The Social Security Act, referred to in subsecs. (d)(2) and (e)(2), is act Aug. 14, 1935, ch. 531,
Prior Provisions
A prior section 3035b,
A prior section 423 of
Provisions similar to those comprising this section were contained in
Amendments
1993—Subsecs. (b), (c), (e), (f), (h), (i).
1992—
1987—Subsec. (a)(1).
Subsec. (a)(3).
Subsec. (a)(4).
1984—Subsec. (b)(3).
Effective Date of 1987 Amendment
Amendment by
Effective Date of 1984 Amendment
Amendment by
§3035c. Special demonstration and support projects for legal assistance for older individuals
(a) Authority to make grants or enter into contracts
The Assistant Secretary shall make grants and enter into contracts, in order to—
(1) provide a national legal assistance support system (operated by one or more grantees or contractors) of activities to State and area agencies on aging for providing, developing, or supporting legal assistance for older individuals, including—
(A) case consultations;
(B) training;
(C) provision of substantive legal advice and assistance; and
(D) assistance in the design, implementation, and administration of legal assistance delivery systems to local providers of legal assistance for older individuals; and
(2) support demonstration projects to expand or improve the delivery of legal assistance to older individuals with social or economic needs.
(b) Requisite assurances
Any grants or contracts made under subsection (a)(2) of this section shall contain assurances that the requirements of
(c) Grants or contracts with national nonprofit legal assistance organizations
To carry out subsection (a)(1) of this section, the Assistant Secretary shall make grants to or enter into contracts with national nonprofit legal assistance organizations experienced in providing support, on a nationwide basis, to local legal assistance providers.
(
Prior Provisions
A prior section 3035c,
A prior section 424 of
Provisions similar to those comprising this section were contained in
Amendments
1993—Subsecs. (a), (c).
1984—
"(a) The Commissioner shall make grants to, and enter into contracts with, public and private nonprofit agencies or organizations in order to—
"(1) provide support activities to State and area agencies on aging providing, developing, or supporting legal services to older individuals; and
"(2) support demonstration projects to expand or improve the delivery of legal services to older individuals with social or economic need.
"(b) Any grants or contracts entered into under subsection (a)(2) of this section shall contain assurances that the requirements of
Effective Date of 1984 Amendment
Amendment by
§3035d. National impact activities
(a) Authority to make grants or enter into contracts
(1) The Assistant Secretary may carry out directly or through grants or contracts—
(A) innovation and development projects and activities of national significance which show promise of having substantial impact on the expansion or improvement of supportive services, nutrition services, or multipurpose senior centers, or otherwise promoting the well-being of older individuals; and
(B) dissemination of information activities related to such programs.
(2) The Assistant Secretary shall carry out, directly or through grants or contracts, special training programs and technical assistance designed to improve services to minorities.
(b) Use of appropriated funds
An amount not to exceed 15 percent of any sums appropriated under
(
Prior Provisions
A prior section 3035d,
A prior section 425 of
Provisions similar to those comprising this section were contained in
Amendments
1993—Subsec. (a).
1987—Subsec. (a).
1984—Subsec. (a).
Effective Date of 1987 Amendment
Amendment by
Effective Date of 1984 Amendment
Amendment by
§3035e. Utility and home heating cost demonstration projects
The Secretary may, after consultation with the appropriate State agency, make grants to pay for part or all of the costs of developing model projects which show promise of relieving older individuals of the excessive burdens of high utility service and home heating costs. Any such project shall give special consideration to projects under which a business concern is engaged in providing home heating oil or utility services to low-income older individuals at a cost which is substantially lower than providing home heating oil or utility services to other individuals.
(
Prior Provisions
A prior section 3035e,
Provisions similar to those comprising section 3035e were contained in
Amendments
1992—
1984—
Effective Date of 1984 Amendment
Amendment by
§3035f. Ombudsman, legal assistance, and advocacy demonstration projects
(a) The Assistant Secretary is authorized to make grants to not less than three nor more than ten States to demonstrate and evaluate cooperative projects between the State long-term care ombudsman program, legal assistance agencies, and the State protection and advocacy systems for developmental disabilities and mental illness, established under part A of the Developmental Disabilities Assistance and Bill of Rights Act [
(b) The Assistant Secretary shall prepare and submit to the Congress a report of the study and evaluation required by subsection (a) of this section. Such report shall contain such recommendations as the Assistant Secretary deems appropriate.
(
References in Text
The Developmental Disabilities Assistance and Bill of Rights Act, referred to in subsec. (a), is title I of
The Protection and Advocacy for Mentally Ill Individuals Act of 1986, referred to in subsec. (a), is
Prior Provisions
A prior section 3035f,
Amendments
1993—Subsec. (a).
Subsec. (b).
1992—Subsec. (a).
Effective Date
Section effective Oct. 1, 1987, except not applicable with respect to any area plan submitted under
§3035g. Consumer protection demonstration projects for services provided in home
(a) Grants; uses
(1) The Assistant Secretary is authorized to make grants to not fewer than 6 nor more than 10 States to demonstrate and evaluate the effectiveness of consumer protection projects for services (other than medical services) provided to older individuals in the home that are furnished or assisted with public funds.
(2) Grants made under this section shall be used to test different approaches to protecting older individuals with regard to services in the home. Such projects may provide consumer protection through State and local ombudsmen, legal assistance agencies, and other community service agencies.
(b) Application; contents
No grant may be made under this section unless an application is made to the Assistant Secretary at such time, in such manner, and containing such information as the Assistant Secretary may reasonably require. Each such application shall—
(1) describe activities for which assistance is sought;
(2) provide for an evaluation of the activities for which assistance is sought; and
(3) provide assurances that the applicant will prepare and submit a report to the Assistant Secretary on the activities conducted with assistance under this section and the evaluation of such activities.
(c) Geographic distribution of assistance
In approving applications under this section, the Assistant Secretary shall assure equitable geographic distribution of assistance.
(d) Report on evaluations; contents; recommendations
The Assistant Secretary shall, as part of the annual report submitted under
(1) a description of the demonstration projects assisted under this section;
(2) an evaluation of the effectiveness of each such project; and
(3) recommendations of the Assistant Secretary with respect to the desirability and feasibility of carrying out on a nationwide basis a consumer protection program for services in the home.
(e) Nature of projects; prohibition
Consumer protection projects carried out under this section—
(1) may include, but are not limited to, consumer education, the use of consumer hotlines, receipt and resolution of consumer complaints, and advocacy; and
(2) may not address medical services.
(
Prior Provisions
A prior section 3035g,
Amendments
1993—Subsecs. (a) to (d).
Effective Date
Section effective Oct. 1, 1987, except not applicable with respect to any area plan submitted under
§3035h. Demonstration projects for multigenerational activities
(a) Grants and contracts
The Assistant Secretary may award grants and enter into contracts with eligible organizations to establish demonstration projects that provide older individuals with multigenerational activities.
(b) Use of funds
An eligible organization shall use funds made available under a grant awarded, or a contract entered into, under subsection (a) of this section—
(1) to carry out a demonstration project that provides multigenerational activities, including any professional training appropriate to such activities for older individuals; and
(2) to evaluate the project in accordance with subsection (f) of this section.
(c) Awards
In awarding grants and entering into contracts under subsection (a) of this section, the Assistant Secretary shall give preference to—
(1) eligible organizations with a demonstrated record of carrying out multigenerational activities; and
(2) eligible organizations proposing projects that will serve older individuals with greatest economic need (with particular attention to low-income minority individuals).
(d) Application
To be eligible to receive a grant or enter into a contract under subsection (a) of this section, an organization shall submit an application to the Assistant Secretary at such time, in such manner, and accompanied by such information as the Assistant Secretary may reasonably require.
(e) Eligible organizations
Organizations eligible to receive a grant or enter into a contract under subsection (a) of this section shall be organizations that employ, or provide opportunities for, older individuals in multigenerational activities.
(f) Local evaluation and report
(1) Evaluation
Each organization receiving a grant or a contract under subsection (a) of this section to carry out a demonstration project shall evaluate the activities assisted under the project to determine the effectiveness of multigenerational activities, the impact of such activities on child care and youth day care programs, and the impact on older individuals involved in such project.
(2) Report
The organization shall submit a report to the Assistant Secretary containing the evaluation not later than 6 months after the expiration of the period for which the grant or contract is in effect.
(g) Report to Congress
Not later than 6 months after the Assistant Secretary receives the reports described in subsection (f)(2) of this section, the Assistant Secretary shall prepare and submit to the Speaker of the House of Representatives and the President pro tempore of the Senate a report that assesses the evaluations and includes, at a minimum—
(1) the names or descriptive titles of the demonstration projects funded under subsection (a) of this section;
(2) a description of the nature and operation of the projects;
(3) the name and address of the individual or governmental entity that conducted the projects;
(4) a description of the methods and success of the projects in recruiting older individuals as employees and volunteers to participate in the project;
(5) a description of the success of the projects retaining older individuals involved in the projects as employees and as volunteers; and
(6) the rate of turnover of older individual employees and volunteers in the projects.
(h) "Multigenerational activity" defined
As used in this section, the term "multigenerational activity" includes an opportunity to serve as a mentor or adviser in a child care program, a youth day care program, an educational assistance program, an at-risk youth intervention program, a juvenile delinquency treatment program, or a family support program.
(
Prior Provisions
A prior section 3035h,
Amendments
1993—Subsecs. (a), (c), (d), (f)(2), (g).
§3035i. Supportive services in federally assisted housing demonstration program
(a) Grants
The Assistant Secretary shall award grants to eligible agencies to establish demonstration programs to provide services described in subsection (b) of this section to older individuals who are residents in federally assisted housing (referred to in this section as "residents").
(b) Use of grants
An eligible agency shall use a grant awarded under subsection (a) of this section to conduct outreach and to provide to residents services including—
(1) meal services;
(2) transportation;
(3) personal care, dressing, bathing, and toileting;
(4) housekeeping and chore assistance;
(5) nonmedical counseling;
(6) case management;
(7) other services to prevent premature and unnecessary institutionalization; and
(8) other services provided under this chapter.
(c) Award of grants
The Assistant Secretary shall award grants under subsection (a) of this section to agencies in a variety of geographic settings, including urban and rural settings.
(d) Application
To be eligible to receive a grant under subsection (a) of this section, an agency 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, at a minimum—
(1) information demonstrating a lack of, and need for, services described in subsection (b) of this section in federally assisted housing projects in the geographic area proposed to be served by the applicant;
(2) a comprehensive plan to coordinate with housing facility management to provide services to frail older individuals who are in danger of premature or unnecessary institutionalization;
(3) information demonstrating initiative on the part of the agency to address the supportive service needs of residents;
(4) information demonstrating financial, in-kind, or other support available to the applicant from State or local governments, or from private resources;
(5) an assurance that the agency will participate in the development of the comprehensive housing affordability strategy under
(6) an assurance that the agency will target services to low-income minority older individuals and conduct outreach;
(7) an assurance that the agency will comply with the guidelines described in subsection (f) of this section; and
(8) a plan to evaluate the eligibility of older individuals for services under the federally assisted housing demonstration program, which plan shall include a professional assessment committee to identify such individuals.
(e) Eligible agencies
Agencies eligible to receive grants under this section shall be State agencies and area agencies on aging.
(f) Guidelines
The Assistant Secretary shall issue guidelines for use by agencies that receive grants under this section—
(1) regarding the level of frailty that older individuals shall meet to be eligible for services under a demonstration program established under this section; and
(2) for accepting voluntary contributions from residents who receive services under such a program.
(g) Evaluations and reports
(1) Agencies
Each agency that receives a grant under subsection (a) of this section to establish a demonstration program shall, not later than 3 months after the end of the period for which the grant is awarded—
(A) evaluate the effectiveness of the program; and
(B) submit a report containing the evaluation to the Assistant Secretary.
(2) Assistant Secretary
The Assistant Secretary shall, not later than 6 months after the end of the period for which the Assistant Secretary awards grants under subsection (a) of this section—
(A) evaluate the effectiveness of each demonstration program that receives a grant under subsection (a) of this section; and
(B) submit a report containing the evaluation to the Speaker of the House of Representatives and the President pro tempore of the Senate.
(
Amendments
1993—Subsecs. (a), (c), (d), (f).
Subsec. (g).
Effective Date
Section inapplicable with respect to fiscal year 1992, see section 905(b)(3) of
§3035j. Neighborhood senior care program
(a) Definitions
As used in this section:
(1) Health and social services
The term "health and social services" includes skilled nursing care, personal care, social work services, homemaker services, health and nutrition education, health screening, home health aid services, and specialized therapies.
(2) Volunteer services
The term "volunteer services" includes peer counseling, chore services, help with mail and taxes, transportation, socialization, health and social services, and other similar services.
(b) Service grants
(1) In general
The Assistant Secretary may award grants to eligible entities to establish neighborhood senior care programs, in order to encourage professionals to provide volunteer services to local residents who are older individuals and who might otherwise have to be admitted to nursing homes and to hospitals.
(2) Preference
In awarding grants under this section, the Assistant Secretary shall give preference to applicants experienced in operating community programs and programs meeting the independent living needs of older individuals.
(3) Advisory board
The Assistant Secretary shall establish an advisory board to provide guidance to grant recipients regarding the neighborhood senior care programs. Not fewer than two-thirds of the members of the advisory board shall be residents in communities served by the grant recipients.
(4) 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 reasonably require. Each application shall—
(A) describe the activities in the program for which assistance is sought;
(B) describe the neighborhood in which volunteer services are to be provided under the program, and a plan for integration of volunteer services within the neighborhood;
(C)(i) provide assurances that nurses, social workers, and community volunteers providing volunteer services and an outreach coordinator involved with the project live in the neighborhood; or
(ii)(I) reasons that it is not possible to provide such assurances; and
(II) assurances that nurses, social workers, community volunteers and the outreach coordinator will be assigned repeatedly to the particular neighborhood; and
(D) provide for an evaluation of the activities for which assistance is sought.
(c) Technical resource center
The Assistant Secretary shall, to the extent appropriations are available, enter into a contract with an applicant described in subsection (b)(2) of this section to establish a technical resource center that will—
(1) assist the Assistant Secretary in developing criteria for, and in awarding grants to communities to establish, neighborhood senior care organizations that will implement neighborhood senior care programs under subsection (b) of this section;
(2) assist communities interested in establishing such a neighborhood senior care program;
(3) coordinate the neighborhood senior care programs;
(4) provide ongoing analysis of and collection of data on the neighborhood senior care programs and provide such data to the Assistant Secretary;
(5) serve as a liaison to State agencies interested in establishing neighborhood senior care programs; and
(6) take any further actions as required by regulation by the Assistant Secretary.
(
Amendments
1993—Subsecs. (b), (c).
Effective Date
Section inapplicable with respect to fiscal year 1992, see section 905(b)(3) of
§3035k. Information and assistance systems development projects
(a) Grants
The Assistant Secretary may—
(1) make grants to State agencies, and, in consultation with State agencies, to area agencies on aging to support the improvement of information and assistance services, and systems of services, operated at the State and local levels; and
(2) make grants to organizations to provide training and technical assistance to State agencies, area agencies on aging, and providers of supportive services—
(A) to support a national telephone access service to inform older individuals, families, and caregivers about State and local information and assistance services funded under this chapter; and
(B) to support the improvement of information and assistance services, and systems of services, operated at the State and local levels.
(b) Application
To be eligible to receive a grant under subsection (a) of this section an agency or organization shall submit an application to the Assistant Secretary at such time, in such manner, and containing such information as the Assistant Secretary may specify.
(c) Guidelines
The Assistant Secretary shall establish guidelines for the operation of the national telephone access service described in subsection (a)(2)(A) of this section.
(d) Evaluation and report
(1) Evaluation
The Assistant Secretary shall conduct an evaluation of the effectiveness of the national telephone service described in subsection (a)(2)(A) of this section in providing information and assistance services to older individuals, families, and caregivers about State and local information and assistance services.
(2) Report
Not later than January 1, 1995, the Assistant Secretary shall submit the evaluation described in paragraph (1) to the Speaker of the House of Representatives and the President pro tempore of the Senate.
(
Amendments
1993—
§3035l. Senior transportation demonstration program grants
(a) Establishment
The Assistant Secretary shall establish and carry out senior transportation demonstration programs. In carrying out the programs, the Assistant Secretary shall award grants to not fewer than five eligible entities for the purpose of improving the mobility of older individuals and transportation services for older individuals (referred to in this section as "senior transportation services").
(b) Use of funds
Grants made under subsection (a) of this section may be used to—
(1) develop innovative approaches for improving access by older individuals to supportive services under part B of subchapter III of this chapter, nutrition services under part C of subchapter III of this chapter, health care, and other important services;
(2) develop comprehensive and integrated senior transportation services; and
(3) leverage additional resources for senior transportation services by—
(A) coordinating various transportation services; and
(B) coordinating various funding sources for transportation services, including—
(i) sources of assistance under—
(I)
(II) titles XIX and XX of the Social Security Act (
(ii) State and local sources.
(c) Award of grants
(1) Preference
In awarding grants under subsection (a) of this section, the Assistant Secretary shall give preference to entities that—
(A) demonstrate special needs for enhancing senior transportation services and resources for the services within the geographic area served by the entities;
(B) establish plans to ensure that senior transportation services are coordinated with general public transportation services and other specialized transportation services;
(C) demonstrate the ability to utilize the broadest range of available transportation and community resources to provide senior transportation services;
(D) demonstrate the capacity and willingness to coordinate senior transportation services with services provided under subchapter III of this chapter and with general public transportation services and other specialized transportation services; and
(E) establish plans for senior transportation demonstration programs designed to serve the special needs of low-income, rural, frail, and other at-risk, transit-dependent older individuals.
(2) Rural entities
The Assistant Secretary shall award not less than 50 percent of the grants authorized under this section to entities located in, or primarily serving, rural areas.
(d) Application
An entity that seeks a grant under this section 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 at a minimum—
(1) information describing senior transportation services for which the entity seeks assistance;
(2) a comprehensive strategy for developing a coordinated transportation system or leveraging additional funding resources, to provide senior transportation services;
(3) information describing the extent to which the applicant intends to coordinate the services of the applicant with the services of other transportation providers;
(4) a plan for evaluating the effectiveness of the proposed senior transportation demonstration program and preparing a report containing the evaluation to be submitted to the Assistant Secretary; and
(5) such other information as may be required by the Assistant Secretary.
(e) Eligible entities
Entities eligible to receive grants under this section shall be—
(1) State agencies;
(2) area agencies on aging; and
(3) other public agencies and nonprofit organizations.
(f) Report
(1) Preparation
The Assistant Secretary shall prepare, either directly or through grants or contracts, annual reports on the senior transportation demonstration programs established under this section. The reports shall contain an assessment of the effectiveness of each demonstration project and recommendations regarding legislative, administrative, and other initiatives needed to improve the access to and effectiveness of transportation services for older individuals.
(2) Submission
The Assistant Secretary shall submit the report described in paragraph (1) to the Speaker of the House of Representatives and the President pro tempore of the Senate.
(
References in Text
The Social Security Act, referred to in subsec. (b)(3)(B)(i)(II), is act Aug. 14, 1935, ch. 531,
Codification
In subsec. (b)(3)(B)(i)(I), "
Amendments
1993—Subsecs. (a), (c), (d), (f).
Effective Date
Section inapplicable with respect to fiscal year 1992, see section 905(b)(3) of
§3035m. Resource Centers on Native American Elders
(a) Establishment
The Assistant Secretary shall make grants or enter into contracts with not fewer than two and not more than four eligible entities to establish and operate Resource Centers on Native American Elders (referred to in this section as "Resource Centers"). The Assistant Secretary shall make such grants or enter into such contracts for periods of not less than 3 years.
(b) Functions
(1) In general
Each Resource Center that receives funds under this section shall—
(A) gather information;
(B) perform research;
(C) provide for the dissemination of results of the research; and
(D) provide technical assistance and training to entities that provide services to Native Americans who are older individuals.
(2) Areas of concern
In conducting the functions described in paragraph (1), a Resource Center shall focus on priority areas of concern for the Resource Centers regarding Native Americans who are older individuals, which areas shall be—
(A) health problems;
(B) long-term care, including in-home care;
(C) elder abuse; and
(D) other problems and issues that the Assistant Secretary determines are of particular importance to Native Americans who are older individuals.
(c) Preference
In awarding grants and entering into contracts under subsection (a) of this section, the Assistant Secretary shall give preference to institutions of higher education that have conducted research on, and assessment of, the characteristics and needs of Native Americans who are older individuals.
(d) Consultation
In determining the type of information to be sought from, and activities to be performed by, Resource Centers, the Assistant Secretary shall consult with the Director of the Office for American Indian, Alaskan Native, and Native Hawaiian Aging and with national organizations with special expertise in serving Native Americans who are older individuals.
(e) Eligible entities
Entities eligible to receive a grant or enter into a contract under subsection (a) of this section shall be institutions of higher education with experience conducting research and assessment on the needs of older individuals.
(f) Report to Congress
The Assistant Secretary, with assistance from each Resource Center, shall prepare and submit to the Speaker of the House of Representatives and the President pro tempore of the Senate an annual report on the status and needs including the priority areas of concern of Native Americans who are older individuals.
(
Amendments
1993—Subsecs. (a) to (c).
Subsec. (d).
Subsec. (f).
Effective Date
Section inapplicable with respect to fiscal year 1992, see section 905(b)(3) of
Section Referred to in Other Sections
This section is referred to in
§3035n. Demonstration programs for older individuals with developmental disabilities
(a) Definitions
As used in this section:
(1) Developmental disability
The term "developmental disability" has the meaning given the term in section 6001(5) 1 of this title.
(2) In-home service
The term "in-home service" has the meaning given the term in
(b) Establishment
The Assistant Secretary shall make grants to State agencies to provide services in accordance with subsection (c) of this section.
(c) Use of funds
A State agency may use a grant awarded under subsection (b) of this section to provide services for older individuals with developmental disabilities, and for older individuals with caretaker responsibilities for developmentally disabled children, including—
(1) child care and youth day care programs;
(2) programs to integrate the individuals into existing programs for older individuals;
(3) respite care;
(4) transportation to multipurpose senior centers and other facilities and services;
(5) supervision;
(6) renovation of multipurpose senior centers;
(7) provision of materials to facilitate activities for older individuals with developmental disabilities, and for older individuals with caretaker responsibilities for developmentally disabled children;
(8) training of State agency, area agency on aging, volunteer, and multipurpose senior center staff, and other service providers, who work with such individuals; and
(9) in-home services.
(d) Application
To be eligible to receive a grant under this section, a State agency shall submit an application to the Assistant Secretary at such time, in such manner, and containing such information as the Assistant Secretary may require.
(
References in Text
Amendments
1993—Subsecs. (b), (d).
Effective Date
Section inapplicable with respect to fiscal year 1992, see section 905(b)(3) of
1 See References in Text note below.
§3035o. Housing demonstration programs
(a) Housing ombudsman demonstration programs
(1) Grants
The Assistant Secretary shall award grants to eligible agencies to establish housing ombudsman programs.
(2) Use of grants
An eligible agency shall use a grant awarded under paragraph (1) to—
(A) provide the services described in subparagraph (B) through—
(i) professional and volunteer staff to older individuals who are—
(I) participating in federally assisted and other publicly assisted housing programs; or
(II) seeking Federal, State, and local housing programs; and
(ii)(I) the State Long-Term Care Ombudsman program under
(II) a legal services or assistance organization or through an organization that provides both legal and other social services;
(III) a public or not-for-profit social services agency; or
(IV) an agency or organization concerned with housing issues but not responsible for publicly assisted housing.
(B) establish a housing ombudsman program that provides information, advice, and advocacy services including—
(i) direct assistance, or referral to services, to resolve complaints or problems;
(ii) provision of information regarding available housing programs, eligibility, requirements, and application processes;
(iii) counseling or assistance with financial, social, familial, or other related matters that may affect or be influenced by housing problems;
(iv) advocacy related to promoting—
(I) the rights of the older individuals who are residents in publicly assisted housing programs; and
(II) the quality and suitability of housing in the programs; and
(v) assistance with problems related to housing regarding—
(I) threats of eviction or eviction notices;
(II) older buildings;
(III) functional impairments as the impairments relate to housing;
(IV) unlawful discrimination;
(V) regulations of the Department of Housing and Urban Development and the Farmers Home Administration;
(VI) disability issues;
(VII) intimidation, harassment, or arbitrary management rules;
(VIII) grievance procedures;
(IX) certification and recertification related to programs of the Department of Housing and Urban Development and the Farmers Home Administration; and
(X) issues related to transfer from one project or program to another; 1
(3) Award of grants
The Assistant Secretary shall award grants under paragraph (1) to agencies in rural, urban, and other settings.
(4) Application
To be eligible to receive a grant under paragraph (1), an agency 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, at a minimum—
(A) an assurance that the agency will conduct training of professional and volunteer staff who will provide services through the housing ombudsman demonstration program;
(B) in the case of an application submitted by an area agency on aging, an endorsement of the program by the State agency serving the State in which the program will be established, and an assurance by the State agency that the agency will work with the area agency in carrying out the program; and
(C) a plan to involve in the demonstration program the Secretary of the Department of Housing and Urban Development, the Administrator of the Farmers Home Administration, any individual or entity described in paragraph (2)(A) through which the agency intends to provide the services, and other agencies involved in publicly assisted housing programs.
(5) Eligible agencies
Agencies eligible to receive grants under this section shall include—
(A) State agencies;
(B) area agencies on aging; and
(C) other nonprofit entities, including providers of services under the State Long-Term Care Ombudsman program and the elder rights and legal assistance development program described in subparts II and IV, respectively, of part A of subchapter XI of this chapter.
(b) Foreclosure and eviction assistance and relief services demonstration programs
(1) Grants
The Assistant Secretary shall make grants to States to carry out demonstration programs to develop methods or implement laws—
(A) to prevent or delay the foreclosure on housing owned and occupied by older individuals or the eviction of older individuals from housing the individuals rent;
(B) to obtain alternative housing as a result of such foreclosure or eviction; and
(C) to assist older individuals to understand the rights and obligations of the individuals under laws relating to housing ownership and occupancy.
(2) Notification process
A State that receives a grant under paragraph (1) shall establish methods, including a notification process—
(A) to assist older individuals who are incapable of, or have difficulty in, understanding the circumstances and consequences of foreclosure on or eviction from housing the individuals occupy; and
(B) to coordinate the program for which such grant is received with the activities of tenant organizations, tenant-landlord mediation organizations, public housing entities, and area agencies on aging, to provide more effectively assistance or referral to services to relocate or prevent eviction of older individuals from housing the individuals occupy.
(c) Evaluations and reports
(1) Agencies
Each agency or State that receives a grant under subsection (a) or (b) of this section to establish a demonstration program shall, not later than 3 months after the end of the period for which the grant is awarded—
(A) evaluate the effectiveness of the program; and
(B) submit a report containing the evaluation to the Assistant Secretary.
(2) Assistant Secretary
The Assistant Secretary shall, not later than 6 months after the end of the period for which the Assistant Secretary awards a grant under subsection (a) or (b) of this section—
(A) evaluate the effectiveness of each demonstration program that receives the grant; and
(B) submit a report containing the evaluation to the Speaker of the House of Representatives and the President pro tempore of the Senate.
(
Amendments
1993—Subsec. (a).
Subsec. (a)(2)(B)(v)(X).
Subsecs. (b), (c).
Effective Date
Section inapplicable with respect to fiscal year 1992, see section 905(b)(3) of
1 So in original. The semicolon probably should be a period.
§3035p. Private resource enhancement projects
(a) Grants
(1) In general
The Assistant Secretary may make grants to, and enter into contracts with, State agencies and area agencies on aging, to carry out demonstration projects that generate non-Federal resources (including cash and in-kind contributions), in order to increase resources available to provide additional services under subchapter III of this chapter.
(2) Maintenance of resources
Resources generated with a grant made, or contract entered into, under subsection (a) of this section shall be in addition to, and may not be used to supplant, any resource that is or would otherwise be available under any Federal, State, or local law to a State, State agency, area agency on aging, or unit of general purpose local government (as defined in
(3) Use of resources
Resources generated with a grant made, or a contract entered into, under subsection (a) of this section shall be used to provide supportive services in accordance with subchapter III of this chapter. The requirements under this chapter that apply to funds received under subchapter III of this chapter by States to carry out subchapter III of this chapter shall apply with respect to such resources.
(b) Award of grants and contracts
(1) Regional distribution
The Assistant Secretary shall ensure that States and area agencies on aging in all standard Federal regions of the United States, established by the Office of Management and Budget, receive grants and contracts under subsection (a) of this section on an equitable basis.
(2) Distribution based on need
Within such regions, the Assistant Secretary shall give preference to applicants that provide services under subchapter III of this chapter in geographical areas that contain a large number of older individuals with greatest economic need or older individuals with greatest social need.
(c) Monitoring
The Assistant Secretary shall monitor how—
(1) grants are expended, and contracts are carried out, under subsection (a) of this section; and
(2) resources generated under such grants and contracts are expended,
to ensure compliance with this section.
(
Amendments
1993—
§3035q. Career preparation for the field of aging
(a) Grants
The Assistant Secretary shall make grants to institutions of higher education, historically Black colleges or universities, Hispanic Centers of Excellence in Applied Gerontology, and other educational institutions that serve the needs of minority students, to provide education and training to prepare students for careers in the field of aging.
(b) Definitions
For purposes of subsection (a) of this section:
(1) Hispanic Center of Excellence in Applied Gerontology
The term "Hispanic Center of Excellence in Applied Gerontology" means an institution of higher education with a program in applied gerontology that—
(A) has a significant number of Hispanic individuals enrolled in the program, including individuals accepted for enrollment in the program;
(B) has been effective in assisting Hispanic students of the program to complete the program and receive the degree involved;
(C) has been effective in recruiting Hispanic individuals to attend the program, including providing scholarships and other financial assistance to such individuals and encouraging Hispanic students of secondary educational institutions to attend the program; and
(D) has made significant recruitment efforts to increase the number and placement of Hispanic individuals serving in faculty or administrative positions in the program.
(2) Historically Black college or university
The term "historically Black college or university" has the meaning given the term "part B institution" in
(
Amendments
1993—Subsecs. (a), (b)(2).
Effective Date
Section inapplicable with respect to fiscal year 1992, see section 905(b)(3) of
§3035r. Pension rights demonstration projects
(a) Definitions
As used in this section:
(1) Pension rights information program
The term "pension rights information program" means a program described in subsection (c) of this section.
(2) 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 (
(B) the railroad retirement program under the Railroad Retirement Act of 1974 (
(C) the government retirement benefits programs under the Civil Service Retirement System set forth in
(D) the Employee Retirement Income Security Act of 1974 (
(b) Establishment
The Assistant Secretary shall establish and carry out pension rights demonstration projects.
(c) Pension rights information programs
(1) Use of funds
In carrying out the projects specified in subsection (b) of this section, the Assistant Secretary shall, to the extent appropriations are available, award grants to six eligible entities to establish programs to provide outreach, information, counseling, referral, and assistance regarding pension and other retirement benefits, and rights related to such benefits.
(2) Award of grants
(A) Type of entity
The Assistant Secretary shall award under this subsection—
(i) four grants to State agencies or area agencies on aging; and
(ii) two grants to nonprofit organizations with a proven record of providing—
(I) services related to retirement of older individuals; or
(II) specific pension rights counseling.
(B) Panel
In awarding grants under this subsection, the Assistant Secretary shall use a citizen advisory panel that shall include representatives of business, labor, national senior advocates, and national pension rights advocates.
(C) Criteria
In awarding grants under this subsection, the Assistant Secretary, in consultation with the panel, shall use as criteria—
(i) evidence of commitment of an agency or organization to carry out a proposed pension rights information program;
(ii) the ability of the agency or organization to perform effective outreach to affected populations, particularly populations identified as in need of special outreach; and
(iii) reliable information that the population to be served by the agency or organization has a demonstrable need for the services proposed to be provided under the program.
(3) Application
(A) In general
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, including, at a minimum—
(i) a plan for the establishment of a pension rights information program to serve a specific geographic area; and
(ii) an assurance that staff members (including volunteer staff members) have no conflict of interest in providing the services described in the plan.
(B) Plan
The plan described in paragraph (1) shall provide for a program that—
(i) establishes a State or area pension rights information center;
(ii) provides counseling (including direct counseling and assistance to individuals needing information) and information that may assist individuals in establishing rights to, obtaining, and filing claims or complaints related to, pension and other retirement benefits;
(iii) provides information on sources of pension and other retirement benefits, including the benefits under programs described in subsection (a)(1) of this section;
(iv) makes referrals to legal services and other advocacy programs;
(v) establishes a system of referral to State, local, and Federal departments or agencies related to pension and other retirement benefits;
(vi) provides a sufficient number of staff positions (including volunteer positions) to ensure information, counseling, referral, and assistance regarding pension and other retirement benefits;
(vii) provides training programs for staff members, including volunteer staff members of the programs described in subsection (a)(1) of this section;
(viii) makes recommendations to the Administration, the Department of Labor and other local, State, and Federal agencies concerning issues for older individuals related to pension and other retirement benefits; and
(ix) establishes an outreach program to provide information, counseling, referral, and assistance regarding pension and other retirement benefits, with particular emphasis on outreach to women, minorities, and low-income retirees.
(d) Training program
(1) Use of funds
In carrying out the projects described in subsection (b) of this section, the Assistant Secretary shall, to the extent appropriations are available, award a grant to an eligible entity to establish a training program to provide—
(A) information to the staffs of entities operating pension rights information programs; and
(B) assistance to the entities and assist such entities in the design of program evaluation tools.
(2) Eligible entity
Entities eligible to receive grants under this subsection include nonprofit private organizations with records 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.
(e) Duration
The Assistant Secretary may award grants under subsection (c) or (d) of this section for periods not to exceed 18 months.
(f) Report to Congress
(1) Preparation
The Assistant Secretary shall prepare a report that—
(A) summarizes the distribution of funds authorized for grants under this section and the expenditure of such funds;
(B) 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;
(C) outlines the problems that individuals participating in programs funded under this section encountered concerning rights related to pension and other retirement benefits; and
(D) 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.
(2) Submission
Not later than 30 months after September 30, 1992, the Assistant Secretary shall submit the report described in paragraph (1) to the Committee on Education and Labor of the House of Representatives and the Committee on Labor and Human Resources of the Senate.
(g) Administrative expenses
Of the funds appropriated under
(
References in Text
The Social Security Act, referred to in subsec. (a)(2)(A), is act Aug. 14, 1935, ch. 531,
The Railroad Retirement Act of 1974, referred to in subsec. (a)(2)(B), is act Aug. 29, 1935, ch. 812, as amended generally by
The Employee Retirement Income Security Act of 1974, referred to in subsec. (a)(2)(D), is
Prior Provisions
A prior section 3036,
Amendments
1993—Subsec. (a)(2)(D).
Subsecs. (b) to (f).
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
Effective Date
Section inapplicable with respect to fiscal year 1992, see section 905(b)(3) of
Part C—General Provisions
§3037. Authorization of appropriations
(a)(1) There are authorized to be appropriated to carry out the provisions of this subchapter (other than the provision specified in subsection (b) of this section) $72,000,000 for fiscal year 1992, and such sums as may be necessary for fiscal years 1993, 1994, and 1995.
(2) Not less than 1 percent of the amount appropriated under paragraph (1) for each fiscal year shall be made available to carry out
(b) There are authorized to be appropriated to carry out
(c) No funds appropriated under this subchapter—
(1) may be transferred to any office or other authority of the Federal Government which is not directly responsible to the Assistant Secretary;
(2) may be used for any program or activity which is not specifically authorized by this subchapter; or
(3) may be combined with funds appropriated under any other Act if the purpose of combining funds is to make a single discretionary grant or a single discretionary payment, unless such funds appropriated under this subchapter are separately identified in such grant or payment and are used for the purposes of this subchapter.
(
Prior Provisions
A prior section 3037,
Provisions similar to those comprising this section were contained in
A prior section 431 of
Another prior section 431 of
Amendments
1993—Subsec. (c)(1).
1992—Subsecs. (a), (b).
"(a)(1) There are authorized to be appropriated to carry out the provisions of this subchapter (other than
"(2) Subject to subsection (b) of this section, there is authorized to be appropriated $1,000,000 for fiscal year 1989 to carry out the provisions of
"(3) Subject to subsection (b) of this section, there is authorized to be appropriated $2,000,000 for each of the fiscal years 1989 and 1990 to carry out the provisions of
"(b) No funds may be appropriated under paragraph (2) or (3) of subsection (a) of this section for a fiscal year unless the aggregate amount appropriated for such fiscal year to carry out this subchapter (other than
1987—Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (a)(3).
Subsecs. (b), (c).
1984—Subsec. (a).
Subsec. (b)(3).
Effective Date of 1987 Amendment
Amendment by
Effective Date of 1984 Amendment
Amendment by section 411(a) of
Section Referred to in Other Sections
This section is referred to in
§3037a. Payments of grants
(a) Contributions of recipients
To the extent the Assistant Secretary deems it appropriate, the Assistant Secretary shall require the recipient of any grant or contract under this subchapter to contribute money, facilities, or services for carrying out the project for which such grant or contract was made.
(b) Adjustments; advances or reimbursement; installments; conditions
Payments under this subchapter pursuant to a grant or contract may be made (after necessary adjustment, in the case of grants, on account of previously made overpayments or underpayments) in advance or by way of reimbursement, and in such installments and on such conditions, as the Assistant Secretary may determine.
(c) Consultation with designated State agency as prerequisite to grant or contract
The Assistant Secretary shall make no grant or contract under this subchapter in any State which has established or designated a State agency for purposes of subchapter III of this chapter unless the Assistant Secretary—
(1) consults with the State agency prior to issuing the grant or contract; and
(2) informs the State agency of the purposes of the grant or contract when the grant or contract is issued.
(
Prior Provisions
A prior section 3037a,
Provisions similar to those comprising this section were contained in
A prior section 432 of
Another prior section 432 of
Amendments
1993—
1992—Subsec. (c).
"(1) consults with the State agency prior to issuing the grant or contract; and
"(2) informs the State agency of the purposes of the grant or contract when the grant or contract is issued."
for "unless the Commissioner has consulted with such State agency regarding such grant or contract."
1984—Subsec. (a).
Effective Date of 1984 Amendment
Amendment by
§3037b. Responsibilities of Assistant Secretary
(a) Grants and contracts; nondelegation of authority
The Assistant Secretary shall be responsible for the administration, implementation, and making of grants and contracts under this subchapter and shall not delegate authority under this subchapter to any other individual, agency, or organization.
(b) Annual report to Congress
(1) Not later than January 1 following each fiscal year, the Assistant Secretary shall submit, to the Speaker of the House of Representatives and the President pro tempore of the Senate, a report for such fiscal year that describes each project and each program—
(A) for which funds were provided under this subchapter; and
(B) that was completed in the fiscal year for which such report is prepared.
(2) Such report shall contain—
(A) the name or descriptive title of each project or program;
(B) the name and address of the individual or governmental entity that conducted such project or program;
(C) a specification of the period throughout which such project or program was conducted;
(D) the identity of each source of funds expended to carry out such project or program and the amount of funds provided by each such source;
(E) an abstract describing the nature and operation of such project or program; and
(F) a bibliography identifying all published information relating to such project or program.
(c) Evaluation of programs
(1) The Assistant Secretary shall establish by regulation and implement a process to evaluate the results of projects and programs carried out under this subchapter.
(2) The Assistant Secretary shall—
(A) make available to the public each evaluation carried out under paragraph (1); and
(B) use such evaluation to improve services delivered, or the operation of projects and programs carried out, under this chapter.
(
Amendments
1993—
1992—Subsec. (b).
Subsec. (c).
Effective Date
Section effective Oct. 9, 1984, see section 803(a) of
SUBCHAPTER V—MULTIPURPOSE SENIOR CENTERS
Part A—Acquisition, Alteration, or Renovation of Multipurpose Senior Centers
§§3041 to 3041f. Repealed. Pub. L. 95–478, title V, §501(a), Oct. 18, 1978, 92 Stat. 1558
Section 3041,
A prior section 3041,
Section 3041a,
Section 3041b,
Section 3041c,
Section 3041d,
Section 3041e,
Section 3041f,
Effective Date of Repeal
Section 501(a) of
Part B—Initial Staffing of Multipurpose Senior Centers
§3042. Repealed. Pub. L. 95–478, title V, §501(a), Oct. 18, 1978, 92 Stat. 1558
Section,
A prior section 3042,
A prior section 3043,
Effective Date of Repeal
Section 501(a) of
SUBCHAPTER VI—NATIONAL OLDER AMERICANS VOLUNTEER PROGRAM
§§3044 to 3044e. Repealed. Pub. L. 93–113, title VI, §604(a), Oct. 1, 1973, 87 Stat. 417
Section 3044,
Section 3044a,
Section 3044b,
Section 3044c,
Section 3044d,
Section 3044e,
Such former provisions are covered by various sections as follows:
| Former Sections | Present Sections |
|---|---|
| 3044(a)(1), (2) | 5001(a)(1), (2) |
| 3044(a)(3) | 5044(a) |
| 3044(a)(4), (5) | 5001(a)(3), (4) |
| 3044(a)(6) | 5021 |
| 3044(b) | 5022 |
| 3044(c) | 5001(b) |
| 3044(d) | 5058 |
| 3044a | 5082(a) |
| 3044b(a), (b) | 5011(a), (b) |
| 3044b(c) | 5022 |
| 3044b(d) | 5058 |
| 3044c(a)(1)(A) | 5012(a)(1) |
| 3044c(a)(1)(B) | 5044(a) |
| 3044c(a)(2), (3) | 5012(a)(2), (3) |
| 3044c(b) | 5012(b) |
| 3044d | 5021 |
| 3044e | 5082(b) |
SUBCHAPTER VII—NUTRITION PROGRAM FOR THE ELDERLY
§§3045 to 3045i. Repealed. Pub. L. 95–478, title V, §501(a), Oct. 18, 1978, 92 Stat. 1558
Section 3045,
Section 3045a,
Section 3045b,
Section 3045c,
Section 3045d,
Section 3045e,
Section 3045f,
Section 3045g,
Section 3045h,
Section 3045i,
Effective Date of Repeal
Section 501(a) of
Nutrition Projects for Elderly Under Prior Provisions, Qualified Under Successor Provisions, Eligible for Funds Under Such Provisions; Competitive Bidding; Discontinuance of Payments for Ineffective Activities
SUBCHAPTER VIII—GENERAL PROVISIONS
§§3051 to 3055. Repealed. Pub. L. 93–29, title II, §202, May 3, 1973, 87 Stat. 36
Section 3051,
Section 3052,
Section 3053,
Section 3054,
Section 3055,
SUBCHAPTER IX—COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS
Subchapter Referred to in Other Sections
This subchapter is referred to in
§3056. Older American Community Service Employment Program
(a) Employment
In order to foster and promote useful part-time opportunities in community service activities for unemployed low-income persons who are fifty-five years old or older and who have poor employment prospects, the Secretary of Labor (hereinafter in this subchapter referred to as the "Secretary") is authorized to establish an older American community service employment program.
(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
(1) In order to carry out the provisions of this subchapter, the Secretary is authorized to enter into agreements with public or private nonprofit agencies or organizations, including national organizations, agencies of a State government or a political subdivision of a State (having elected or duly appointed governing officials), or a combination of such political subdivisions, or tribal organizations in order to further the purposes and goals of the program. Such agreements may include provisions for the payment of costs, as provided in subsection (c) of this section, of projects developed by such organizations and agencies in cooperation with the Secretary in order to make the program effective or to supplement the program. No payment shall be made by the Secretary toward the cost of any project established or administered by any such organization or agency unless the Secretary determines that such project—
(A) will provide employment only for eligible individuals, except for necessary technical, administrative, and supervisory personnel, but such personnel shall, to the fullest extent possible, be recruited from among eligible individuals;
(B) will provide employment for eligible individuals in the community in which such individuals reside, or in nearby communities;
(C) will employ eligible individuals in services related to publicly owned and operated facilities and projects, or projects sponsored by organizations, other than political parties, exempt from taxation under the provisions of
(D) will contribute to the general welfare of the community;
(E) will provide employment for eligible individuals;
(F)(i) will result in an increase in employment opportunities over those opportunities which would otherwise be available, (ii) will not result in the displacement of currently employed workers (including partial displacement, such as a reduction in the hours of nonovertime work or wages or employment benefits), and (iii) will not impair existing contracts or result in the substitution of Federal funds for other funds in connection with work that would otherwise be performed;
(G) will not employ or continue to employ any eligible individual to perform work the same or substantially the same as that performed by any other person who is on layoff;
(H) will utilize methods of recruitment and selection (including listing of job vacancies with the employment agency operated by any State or political subdivision thereof) which will assure that the maximum number of eligible individuals will have an opportunity to participate in the project;
(I) will include such training as may be necessary to make the most effective use of the skills and talents of those individuals who are participating, and will provide for the payment of the reasonable expenses of individuals being trained, including a reasonable subsistence allowance;
(J) will assure that safe and healthy conditions of work will be provided, and will assure that individuals employed in community service jobs assisted under this subchapter shall be paid wages which shall not be lower than whichever is the highest of (i) the minimum wage which would be applicable to the employee under the Fair Labor Standards Act of 1938 [
(K) will be established or administered with the advice of persons competent in the field of service in which employment is being provided, and of persons who are knowledgeable with regard to the needs of older persons;
(L) will authorize pay for necessary transportation costs of eligible individuals which may be incurred in employment in any project funded under this subchapter, in accordance with regulations promulgated by the Secretary;
(M) will assure, that to the extent feasible, such project will serve the needs of minority, limited English-speaking, and Indian eligible individuals, and eligible individuals who have greatest economic need, at least in proportion to their numbers in the State and take into consideration their rates of poverty and unemployment;
(N)(i) will prepare an assessment of—
(I) the participants' skills and talents;
(II) their need for supportive services; and
(III) their physical capabilities;
except to the extent such project has, for the particular participant involved, an assessment of such skills and talents, such need, or such capabilities prepared recently pursuant to another employment or training program (such as a program under the Job Training Partnership Act [
(ii) will provide to eligible individuals training and employment counseling based on strategies that identify appropriate employment objectives and the need for supportive services, developed as a result of the assessment provided for in clause (i); and
(iii) will provide counseling to participants on their progress in meeting such objectives and satisfying their need for supportive services;
(O) will authorize funds to be used, to the extent feasible, to include individuals participating in such project under any State unemployment insurance plan;
(P) will post in such project workplace a notice, and will make available to each person associated with such project a written explanation, clarifying the law with respect to allowable and unallowable political activities under
(Q) will provide to the Secretary the description and information described in paragraphs (8) and (14) of section 112(b) of the Workforce Investment Act of 1998 [
(2) The Secretary is authorized to establish, issue, and amend such regulations as may be necessary to effectively carry out the provisions of this subchapter.
(3) The Secretary shall develop alternatives for innovative work modes and provide technical assistance in creating job opportunities through work sharing and other experimental methods to prime sponsors, labor organizations, groups representing business and industry and workers as well as to individual employers, where appropriate.
(4) The Secretary may enter into an agreement with the Administrator of the Environmental Protection Agency to establish a Senior Environmental Employment Corps.
(c) Authority of Secretary; project costs; non-Federal share; administration costs
(1) The Secretary is authorized to pay not to exceed 90 percent of the cost of any project which is the subject of an agreement entered into under subsection (b) of this section, except that the Secretary is authorized to pay all of the costs of any such project which is (A) an emergency or disaster project, or (B) a project located in an economically depressed area, as determined by the Secretary in consultation with the Secretary of Commerce and the Secretary of Health and Human Services.
(2) The non-Federal share shall be in cash or in kind. In determining the amount of the non-Federal share, the Secretary is authorized to attribute fair market value to services and facilities contributed from non-Federal sources.
(3) Of the amount for any project to be paid by the Secretary under this subsection, not more than 13.5 percent for fiscal year 1987 and each fiscal year thereafter shall be available for paying the costs of administration for such project, except that—
(A) whenever the Secretary determines that it is necessary to carry out the project assisted under this subchapter, based on information submitted by the public or private nonprofit agency or organization with which the Secretary has an agreement under subsection (b) of this section, the Secretary may increase the amount available for paying the cost of administration to an amount not more than 15 percent of the cost of such project; and
(B) whenever the public or private nonprofit agency or organization with which the Secretary has an agreement under subsection (b) of this section demonstrates to the Secretary that—
(i) major administrative cost increases are being incurred in necessary program components, including liability insurance, payments for workers' compensation, costs associated with achieving unsubsidized placement goals, and other operation requirements imposed by the Secretary;
(ii) the number of employment positions in the project or the number of minority eligible individuals participating in the project will decline if the amount available for paying the cost of administration is not increased; or
(iii) the size of the project is so small that the amount of administrative expenses incurred to carry out the project necessarily exceed 13.5 percent of the amount for such project;
the Secretary shall increase the amount available for the fiscal year for paying the cost of administration to an amount not more than 15 percent of the cost of such project.
(d) Project and program distribution review; notice and opportunity for hearing
(1) Whenever a national organization or other program sponsor conducts a project within a planning and service area in a State such organization or program sponsor shall conduct such project in consultation with the area agency on aging of the planning and service area and shall submit to the State agency and the area agency on aging a description of such project to be conducted in the State, including the location of the project, 30 days prior to undertaking the project, for review and comment according to guidelines the Secretary shall issue to assure efficient and effective coordination of programs under this subchapter.
(2) The Secretary shall review on his own initiative or at the request of any public or private nonprofit agency or organization, or an agency of the State government, the distribution of programs under this title within the State including the distribution between urban and rural areas within the State. For each proposed reallocation of programs within a State, the Secretary shall give notice and opportunity for a hearing on the record by all interested individuals and make a written determination of his findings and decision.
(e) Second career training and job placement experimental projects; equitable geographic distribution; project criteria; evaluation of program; interim and final reports
(1) The Secretary, in addition to any other authority contained in this subchapter, shall conduct experimental projects designed to assure second career training and the placement of eligible individuals in employment opportunities with private business concerns. The Secretary shall enter into such agreements with States, public agencies, nonprofit private organizations and private business concerns as may be necessary to conduct the experimental projects authorized by this subsection. The Secretary, from amounts reserved under
(2) The Secretary shall issue, and amend from time to time, criteria designed to assure that agreements entered into under paragraph (1) of this subsection—
(A) will involve different kinds of work modes, such as flex-time, job sharing, and other arrangements relating to reduced physical exertion;
(B) will emphasize projects involving second careers and job placement and give consideration to placement in growth industries and in jobs reflecting new technological skills; and
(C) require the coordination of projects carried out under such agreements, with the programs carried out under the Job Training Partnership Act [
(3)(A) The Secretary shall carry out an evaluation of the second career training and job placement projects authorized by this subsection.
(B) The evaluation shall include but not be limited to the projects described in paragraph (2).
(C) The Secretary shall prepare and submit, not later than one year after December 29, 1981, to the Congress an interim report describing the agreements entered into under paragraph (1) and the design for the evaluation required by this paragraph. The Secretary shall prepare and submit to the President and the Congress a final report on the evaluation required by this paragraph not later than February 1, 1984, together with his findings and such recommendations, including recommendations for additional legislation, as the Secretary deems appropriate.
(D) The Secretary shall make the final report submitted under subparagraph (C) available to interested private business concerns.
(4) For the purpose of this subsection, "eligible individual" means any individual who is 55 years of age or older and who has an income equal to or less than the intermediate level retired couples budget as determined annually by the Bureau of Labor Statistics.
(
Amendment of Section
References in Text
The Fair Labor Standards Act, referred to in subsec. (b)(1)(J), is act June 25, 1938, ch. 676,
The Job Training Partnership Act, referred to in subsecs. (b)(1)(N)(i) and (e)(2)(C), is
The Workforce Investment Act of 1998, referred to in subsecs. (b)(1)(N)(i) and (e)(2)(C), is
Prior Provisions
A prior section 502 of
Amendments
1998—Subsec. (b)(1)(N)(i).
Subsec. (b)(1)(Q).
Subsec. (e)(2)(C).
1992—Subsec. (a).
Subsec. (b)(1)(C).
Subsec. (b)(1)(J).
Subsec. (b)(1)(M).
Subsec. (b)(1)(N) to (P).
Subsec. (c)(1).
Subsec. (c)(1)(B).
Subsec. (d)(1).
Subsec. (e)(1).
Subsec. (e)(2).
Subsec. (e)(2)(C).
1987—Subsec. (b)(1)(M).
Subsec. (c)(3).
"(A) 13.5 percent for fiscal year 1986, and
"(B) 12 percent for fiscal year 1987, and thereafter,
shall be available for paying the costs of administration for such project, except that whenever the Secretary determines that it is necessary to carry out the project assisted under this subchapter, based upon information submitted by the public or private nonprofit agency or organization with which the Secretary has an agreement under subsection (b) of this section, the Secretary may increase the amount available for paying the cost of administration to an amount not more than 15 percent of the cost of such project."
1984—Subsec. (b)(1).
Subsec. (b)(1)(J)(i).
Subsec. (b)(1)(O).
Subsec. (c)(3).
1981—Subsec. (a).
Subsec. (b)(1)(E).
Subsec. (c)(1).
Subsec. (e).
1978—Subsec. (b)(3), (4).
Subsecs. (d), (e).
Effective Date of 1998 Amendment
Amendment by section 101(f) [title VIII, §405(d)(33)(B)] of
Effective Date of 1992 Amendment
Amendment by sections 501 and 504(c)(1), (2) of
Amendment by section 904(b)(1) of
Effective Date of 1987 Amendment
Amendment by
Effective Date of 1984 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Short Title
For short title of this subchapter as the "Older American Community Service Employment Act", see section 501 of title V of
Study of Older American Community Service Programs
Section 505 of
Existing Projects; Completion
Section 501(a) of
Section Referred to in Other Sections
This section is referred to in
§3056a. Administration of community service projects
(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
(1) In order to effectively carry out the provisions of this subchapter, the Secretary shall, through the Assistant Secretary for Aging, consult with the State agency and the appropriate area agencies on aging established under
(A) the localities in which community service projects of the type authorized by this subchapter are most needed;
(B) consideration of the employment situations and the type of skills possessed by available local individuals who are eligible to participate; and
(C) potential projects and the number and percentage of eligible individuals in the local population.
(2) The Secretary of Labor and the Assistant Secretary for Aging shall coordinate the programs under this subchapter and the programs under subchapters III, IV, and X of this chapter to increase job opportunities available to older individuals.
(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
(1) The Secretary shall coordinate the program assisted under this subchapter with programs authorized under the Job Training Partnership Act [
(2) The Secretary shall distribute to grantees under this subchapter, for distribution to program enrollees, and at no cost to grantees or enrollees, informational materials developed and supplied by the Equal Employment Opportunity Commission and other appropriate Federal agencies which the Secretary determines are designed to help enrollees identify age discrimination and understand their rights under the Age Discrimination in Employment Act of 1967 [
(c) Use of services, equipment, personnel, and facilities of Federal and other agencies; cooperation with other public and private agencies in such use
In carrying out the provisions of this subchapter, the Secretary is authorized to use, with their consent, the services, equipment, personnel, and facilities of Federal and other agencies with or without reimbursement, and on a similar basis to cooperate with other public and private agencies and instrumentalities in the use of services, equipment, and facilities.
(d) Payments; advances; reimbursement; installments
Payments under this subchapter may be made in advance or by way of reimbursement and in such installments as the Secretary may determine.
(e) Delegation of functions prohibited
The Secretary shall not delegate any function of the Secretary under this subchapter to any other department or agency of the Federal Government.
(f) Senior Environmental Employment Corps and energy conservation projects
In carrying out the provisions of this subchapter, the Secretary may fund and expand projects concerning the Senior Environmental Employment Corps and energy conservation from sums appropriated under
(
Amendment of Subsection (b)(1)
(1) in the first sentence, by striking "the Job Training Partnership Act and"; and
(2) in the first sentence, by striking "the Job Training Partnership Act or".
References in Text
The Job Training Partnership Act, referred to in subsec. (b)(1), is
The Workforce Investment Act of 1998, referred to in subsec. (b)(1), is
The Community Services Block Grant Act, referred to in subsec. (b)(1), is subtitle B (§671 et seq.) of title VI of
The Vocational Education Act of 1984, referred to in subsec. (b)(1), probably means the Carl D. Perkins Vocational Education Act,
The Age Discrimination in Employment Act of 1967, referred to in subsec. (b)(2), is
Prior Provisions
A prior section 503 of
Amendments
1998—Subsec. (b)(1).
1993—Subsec. (a).
Subsec. (b)(1).
1992—Subsec. (a).
Subsec. (b)(1).
1987—Subsec. (b).
1984—Subsec. (b).
1981—Subsec. (b).
1978—Subsec. (a).
Subsec. (f).
Effective Date of 1998 Amendment
Amendment by section 101(f) [title VIII, §405(d)(33)(C)] of
Effective Date of 1987 Amendment
Amendment by
Effective Date of 1984 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
§3056b. Participants without status of Federal employees; contractual requirement of workmen's compensation
(a) Eligible individuals who are employed in any project funded under this subchapter shall not be considered to be Federal employees as a result of such employment and shall not be subject to the provisions of part III of title 5.
(b) No contract shall be entered into under this subchapter with a contractor who is, or whose employees are, under State law, exempted from operation of the State workmen's compensation law, generally applicable to employees, unless the contractor shall undertake to provide either through insurance by a recognized carrier, or by self-insurance, as authorized by State law, that the persons employed under the contract shall enjoy workmen's compensation coverage equal to that provided by law for covered employment.
(
Prior Provisions
A prior section 504 of
Amendments
1978—Subsec. (b).
§3056c. Interagency cooperation
(a) Assistant Secretary for Aging
The Secretary shall consult with, and obtain the written views of, the Assistant Secretary for Aging prior to the establishment of rules or the establishment of general policy in the administration of this subchapter.
(b) Director of Office of Community Services; Secretary of Health and Human Services; other Federal agencies
The Secretary shall consult and cooperate with the Director of the Office of Community Services, the Secretary of Health and Human Services, and the heads of other Federal agencies carrying out related programs, in order to achieve optimal coordination with such other programs. In carrying out the provisions of this section, the Secretary shall promote programs or projects of a similar nature. Each Federal agency shall cooperate with the Secretary in disseminating information relating to the availability of assistance under this subchapter and in promoting the identification and interests of individuals eligible for employment in projects assisted under this subchapter.
(c) Administrator of Environmental Protection Agency; Secretary of Energy
In administering projects under this subchapter concerning the Senior Environmental Employment Corps and energy conservation, the Secretary shall consult with the Administrator of the Environmental Protection Agency and the Secretary of Energy and shall enter into an agreement with the Administrator and the Secretary of Energy to coordinate programs conducted by them with such projects.
(d) Secretary of Education
(1) The Secretary shall promote and coordinate carrying out projects under this subchapter jointly with programs, projects, or activities under other Acts that provide training and employment opportunities to eligible individuals.
(2) The Secretary shall consult with the Secretary of Education to promote and coordinate carrying out projects under this subchapter jointly with workforce investment activities in which eligible individuals may participate that are carried out under the Carl D. Perkins Vocational and Technical Education Act of 1998 [
(
References in Text
The Carl D. Perkins Vocational and Technical Education Act of 1998, referred to in subsec. (d)(2), is
Prior Provisions
A prior section 505 of
Amendments
1998—Subsec. (d)(2).
1993—Subsec. (a).
1992—Subsec. (a).
Subsec. (d).
1981—Subsec. (b).
1978—Subsec. (c).
Effective Date of 1978 Amendment
Amendment by
§3056d. National grants or contracts and State allotments for projects
(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
(1)(A) Subject to subparagraph (B) and paragraph (2), from sums appropriated under this subchapter for each fiscal year, the Secretary shall first reserve such sums as may be necessary for national grants or contracts with public agencies and public or nonprofit private organizations to maintain the level of activities carried on under such grants or contracts at least at the level of such activities supported under this subchapter and under any other provision of Federal law relating to community service employment programs for older Americans in fiscal year 1978.
(B)(i)(I) For each fiscal year in which the sums appropriated under this subchapter exceed the amount appropriated under this subchapter for fiscal year 1978, the Secretary shall reserve not more than 45 percent of such excess, except as provided in subclause (II), to carry out clauses (ii), (iii), and (v).
(II) The Secretary shall reserve a sum sufficient to carry out clauses (iii) and (v).
(III) The Secretary in awarding grants and contracts under this paragraph from the sum reserved under this paragraph shall, to the extent feasible, assure an equitable distribution of activities under such grants and contracts designed to achieve the allotment among the States described in paragraph (3) of this subsection.
(ii) The Secretary shall reserve such sums as may be necessary for national grants or contracts with public or nonprofit national Indian aging organizations with the ability to provide employment services to older Indians and with national public or nonprofit Pacific Island and Asian American aging organizations with the ability to provide employment services to older Pacific Island and Asian Americans.
(iii) If the amount appropriated under this subchapter for a fiscal year exceeds 102 percent of the amount appropriated under this subchapter for fiscal year 1991, for each fiscal year described in clause (iv), the Secretary shall reserve for recipients of national grants and contracts under this paragraph such portion of the excess amount as the Secretary determines to be appropriate and is—
(I) at least 25 percent of the excess amount; or
(II) the portion required to increase the amount made available under this paragraph to each of the recipients so that the amount equals 1.3 percent of the amount appropriated under this subchapter for fiscal year 1991.
(iv) From the portion reserved under clause (iii), the Secretary shall increase the amount made available under this paragraph to each of the recipients—
(I) for each fiscal year before the fiscal year described in subclause (II), so that such amount equals, or more closely approaches, such 1.3 percent; and
(II) for the first fiscal year for which the portion is sufficient to make available under this paragraph to each of the recipients the amount equal to such 1.3 percent, so that such amount is not less than such 1.3 percent.
(v) For each fiscal year after the fiscal year described in clause (iv)(II), the Secretary shall make available under this paragraph to each of the recipients an amount not less than such 1.3 percent.
(C) Preference in awarding grants and contracts under this paragraph shall be given to national organizations, and agencies, of proven ability in providing employment services to eligible individuals under this program and similar programs. The Secretary, in awarding grants and contracts under this section, shall, to the extent feasible, assure an equitable distribution of activities under such grants and contracts, in the aggregate, among the States, taking into account the needs of underserved States, subject to subparagraph (B)(i)(III).
(2)(A) From sums appropriated under this subchapter for each fiscal year after September 30, 1978, the Secretary shall reserve an amount which is at least 1 percent and not more than 3 percent of the amount appropriated in excess of the amount appropriated for fiscal year 1978 for the purpose of entering into agreements under
(B) After the Secretary makes the reservations required by paragraph (1)(B) and subparagraph (A), the remainder of such excess shall be allotted to the appropriate public agency of each State pursuant to paragraph (3).
(3) The Secretary shall allot to the State agency on aging of each State the remainder of the sums appropriated for any fiscal year under
(4) For the purpose of this subsection—
(A) the allotment percentage of each State shall be 100 percent less that percentage which bears the same ratio to 50 percent as the per capita income of such State bears to the per capita income of the United States, except that (i) the allotment percentage shall in no case be more than 75 percent or less than 331/3 percent, and (ii) the allotment percentage for the District of Columbia, the Commonwealth of Puerto Rico, Guam, the United States Virgin Islands, American Samoa, the Commonwealth of the Northern Mariana Islands, and the Trust Territory of the Pacific Islands shall be 75 percent;
(B) the number of persons aged fifty-five or over in any State and in all States, and the per capita income in any State and in all States, shall be determined by the Secretary on the basis of the most satisfactory data available to the Secretary; and
(C) for the purpose of determining the allotment percentage, the term "United States" means the fifty States and the District of Columbia.
(b) Reallotments
The amount allotted for projects within any State under subsection (a) of this section for any fiscal year which the Secretary determines will not be required for such year shall be reallotted, from time to time and on such dates during such year as the Secretary may fix, to projects within other States in proportion to the original allotments to projects within such States under subsection (a) of this section for such year, but with such proportionate amount for any of such other States being reduced to the extent it exceeds the sum the Secretary estimates that projects within such State need and will be able to use for such year; and the total of such reductions shall be similarly reallotted among the States whose proportionate amounts were not so reduced. Any amount reallotted to a State under this subsection during a year shall be deemed part of its allotment under subsection (a) of this section for such year.
(c) Equitable distribution of assistance
The amount apportioned for projects within each State under subsection (a) of this section shall be apportioned among areas within each such State in an equitable manner, taking into consideration (1) the proportion which eligible individuals in each such area bears to the total number of such individuals, respectively, in that State, (2) the relative distribution of such individuals residing in rural and urban areas within the State, and (3) the relative distribution of (A) such individuals who are individuals with greatest economic need, (B) such individuals who are minority individuals, and (C) such individuals who are individuals with greatest social need.
(d) Compliance reports by State agencies
The Secretary shall require the State agency for each State receiving funds under this subchapter to report at the beginning of each fiscal year on such State's compliance with subsection (c) of this section. Such report shall include the names and geographic location of all projects assisted under this subchapter and carried out in the State and the amount allotted to each such project.
(
Prior Provisions
A prior section 506 of
Amendments
1992—Subsec. (a)(1), (2).
Subsec. (a)(3).
Subsec. (a)(4)(A).
Subsec. (a)(4)(B).
Subsec. (c)(3).
1987—Subsec. (a)(1)(A).
Subsec. (a)(4)(A).
1984—Subsec. (a)(3).
Subsec. (d).
1981—Subsec. (a)(1)(B).
Subsec. (a)(2).
Subsec. (a)(3).
Subsec. (a)(4)(A).
1978—Subsec. (a)(1).
Subsec. (a)(2) to (4).
Effective Date of 1992 Amendment
Amendment by section 504(a)–(c)(1), (3) of
Amendment by section 904(b)(2) of
Effective Date of 1987 Amendment
Amendment by
Effective Date of 1984 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Termination of Trust Territory of the Pacific Islands
For termination of Trust Territory of the Pacific Islands, see note set out preceding
Section Referred to in Other Sections
This section is referred to in
§3056e. Definitions
As used in this subchapter—
(1) the term "eligible individual" means an individual who is fifty-five years old or older, who has a low income (including any such individual whose income is not more than 125 percent of the poverty line), except that, pursuant to regulations prescribed by the Secretary, any such individual who is sixty years old or older shall have priority for the work opportunities provided for under this subchapter;
(2) the term "community service" means social, health, welfare, and educational services (particularly literacy tutoring), legal and other counseling services and assistance, including tax counseling and assistance and financial counseling, and library, recreational, and other similar services; conservation, maintenance, or restoration of natural resources; community betterment or beautification; antipollution and environmental quality efforts; weatherization activities; economic development; and such other services essential and necessary to the community as the Secretary, by regulation, may prescribe;
(3) the term "program" means the older American community service employment program established under this subchapter; and
(4) the term "Pacific Island and Asian Americans" means Americans having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands.
(
Prior Provisions
A prior section 507 of
Amendments
1992—Par. (1).
1988—Par. (3).
1987—Par. (1).
Par. (2).
Pars. (3), (4).
Par. (5).
1984—Par. (2).
1981—Par. (1).
Par. (2).
Par. (3).
1978—Par. (2).
Effective Date of 1992 Amendment
Amendment by section 102(b)(8) of
Amendment by section 504(c)(1) of
Effective Date of 1987 Amendment
Amendment by
Effective Date of 1984 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§3056f. Authorization of appropriations
(a) There is authorized to be appropriated to carry out this subchapter—
(1) $470,671,000 for fiscal year 1992, and such sums as may be necessary for fiscal years 1993, 1994, and 1995; and
(2) such additional sums as may be necessary for each such fiscal year to enable the Secretary, through programs under this subchapter, to provide for at least 70,000 part-time employment positions for eligible individuals.
For purposes of paragraph (2), "part-time employment position" means an employment position within a workweek of at least 20 hours.
(b) Amounts appropriated under this section for any fiscal year shall be used during the annual period which begins on July 1 of the calendar year immediately following the beginning of such fiscal year and which ends on June 30 of the following calendar year. The Secretary may extend the period during which such amounts may be obligated or expended in the case of a particular organization or agency receiving funds under this subchapter if the Secretary determines that such extension is necessary to ensure the effective use of such funds by such organization or agency. Any such extension shall be for a period of not more than 60 days after the end of such annual period.
(
Amendments
1992—Subsec. (a).
Subsec. (a)(1).
Subsec. (a)(2).
1987—Subsec. (a)(1).
1984—Subsec. (a).
Subsec. (a)(1).
Subsec. (a)(2).
1981—
1978—
Effective Date of 1987 Amendment
Amendment by
Effective Date of 1984 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§3056g. Employment assistance and Federal housing and food stamp programs
Funds received by eligible individuals from projects carried out under the program established in this subchapter shall not be considered to be income of such individuals for purposes of determining the eligibility of such individuals, or of any other persons, to participate in any housing program for which Federal funds may be available or for any income determination under the Food Stamp Act of 1977 [
(
References in Text
The Food Stamp Act of 1977, referred to in text, is
Effective Date
Section effective Oct. 1, 1987, except not applicable with respect to any area plan submitted under
§3056h. Dual eligibility
In the case of projects under this subchapter carried out jointly with programs carried out under the Job Training Partnership Act [
(
Amendment of Section
In the case of projects under this subchapter carried out jointly with programs carried out under subtitle B of title I of the Workforce Investment Act of 1998, eligible individuals shall be deemed to satisfy the requirements of section 134 of such Act [
References in Text
The Job Training Partnership Act, referred to in text, is
The Workforce Investment Act of 1998, referred to in text, is
Amendments
1998—
1993—
Effective Date of 1998 Amendment
Amendment by section 101(f) [title VIII, §405(d)(33)(D)] of
Effective Date
Section inapplicable with respect to fiscal year 1992, see section 905(b)(4) of
§3056i. Treatment of assistance
Assistance furnished under this subchapter shall not be construed to be financial assistance described in
(
SUBCHAPTER X—GRANTS FOR NATIVE AMERICANS
Subchapter Referred to in Other Sections
This subchapter is referred to in
§3057. Statement of purpose
It is the purpose of this subchapter to promote the delivery of supportive services, including nutrition services to American Indians, Alaskan Natives, and Native Hawaiians that are comparable to services provided under subchapter III of this chapter.
(
Prior Provisions
A prior section 3057,
A prior section 601 of
Effective Date
Subchapter effective Oct. 1, 1987, except not applicable with respect to any area plan submitted under
§3057a. Sense of Congress
It is the sense of the Congress that older individuals who are Indians, older individuals who are Alaskan Natives, and older individuals who are Native Hawaiians are a vital resource entitled to all benefits and services available and that such services and benefits should be provided in a manner that preserves and restores their respective dignity, self-respect, and cultural identities.
(
Prior Provisions
A prior section 3057a,
Amendments
1992—
Part A—Indian Program
Part Referred to in Other Sections
This part is referred to in
§3057b. Findings
(a) 1 The Congress finds that the older individuals who are Indians of the United States—
(1) are a rapidly increasing population;
(2) suffer from high unemployment;
(3) live in poverty at a rate estimated to be as high as 61 percent;
(4) have a life expectancy between 3 and 4 years less than the general population;
(5) lack sufficient nursing homes, other long-term care facilities, and other health care facilities;
(6) lack sufficient Indian area agencies on aging;
(7) frequently live in substandard and over-crowded housing;
(8) receive less than adequate health care;
(9) are served under this subchapter at a rate of less than 19 percent of the total national population of older individuals who are Indians living on Indian reservations; and
(10) are served under subchapter III of this chapter at a rate of less than 1 percent of the total participants under that subchapter.
(
Prior Provisions
A prior section 3057b,
A prior section 603 of
Amendments
1992—Subsec. (a).
Subsec. (a)(9).
Task Force
Section 134(d) of
"(1) The Commissioner on Aging [now Assistant Secretary for Aging] shall establish a permanent interagency task force that is representative of departments and agencies of the Federal Government with an interest in older Indians and their welfare, and is designed to make recommendations with respect to facilitating the coordination of services and the improvement of services to older Indians.
"(2) The task force shall be chaired by the Associate Commissioner on [now Director of the Office for] American Indian, Alaskan Native, and Native Hawaiian Aging and shall submit its findings and recommendations to the Commissioner at 6-month intervals beginning after the date of the enactment of this Act [Nov. 29, 1987]. Such findings and recommendations shall be included in the annual report required by section 207(a) of the Older Americans Act of 1965 [
Special Report on Services for Older Indians
Section 134(e) of
1 So in original. No subsec. (b) has been enacted.
§3057c. Eligibility
(a) A tribal organization of an Indian tribe is eligible for assistance under this part only if—
(1) the tribal organization represents at least 50 individuals who are 60 years of age or older; and
(2) the tribal organization demonstrates the ability to deliver supportive services, including nutritional services.
(b) For the purposes of this part the terms "Indian tribe" and "tribal organization" have the same meaning as in
(
Prior Provisions
A prior section 3057c,
§3057d. Grants authorized
The Assistant Secretary may make grants to eligible tribal organizations to pay all of the costs for delivery of supportive services and nutrition services for older individuals who are Indians.
(
Prior Provisions
A prior section 3057d,
Amendments
1993—
1992—
§3057e. Applications
(a) Approval criteria; provisions and assurances
No grant may be made under this part unless the eligible tribal organization submits an application to the Assistant Secretary which meets such criteria as the Assistant Secretary may by regulation prescribe. Each such application shall—
(1) provide that the eligible tribal organization will evaluate the need for supportive and nutrition services among older individuals who are Indians to be represented by the tribal organization;
(2) provide for the use of such methods of administration as are necessary for the proper and efficient administration of the program to be assisted;
(3) provide that the tribal organization will make such reports in such form and containing such information, as the Assistant Secretary may reasonably require, and comply with such requirements as the Assistant Secretary may impose to assure the correctness of such reports;
(4) provide for periodic evaluation of activities and projects carried out under the application;
(5) establish objectives consistent with the purposes of this part toward which activities under the application will be directed, identify obstacles to the attainment of such objectives, and indicate the manner in which the tribal organization proposes to overcome such obstacles;
(6) provide for establishing and maintaining information and assistance services to assure that older individuals who are Indians to be served by the assistance made available under this part will have reasonably convenient access to such services;
(7) provide a preference for older individuals who are Indians for full or part-time staff positions wherever feasible;
(8) provide assurances that either directly or by way of grant or contract with appropriate entities nutrition services will be delivered to older individuals who are Indians represented by the tribal organization substantially in compliance with the provisions of part C of subchapter III of this chapter, except that in any case in which the need for nutritional services for older individuals who are Indians represented by the tribal organization is already met from other sources, the tribal organization may use the funds otherwise required to be expended under this paragraph for supportive services;
(9) contain assurances that the provisions of sections 3027(a)(14)(A)(i) and (iii), 3027(a)(14)(B), and 3027(a)(14)(C) of this title will be complied with whenever the application contains provisions for the acquisition, alteration, or renovation of facilities to serve as multipurpose senior centers;
(10) provide that any legal or ombudsman services made available to older individuals who are Indians represented by the tribal organization will be substantially in compliance with the provisions of subchapter III of this chapter relating to the furnishing of similar services;
(11) provide satisfactory assurance that fiscal control and fund accounting procedures will be adopted as may be necessary to assure proper disbursement of, and accounting for, Federal funds paid under this part to the tribal organization, including any funds paid by the tribal organization to a recipient of a grant or contract; and
(12) contain assurances that the tribal organization will coordinate services provided under this part with services provided under subchapter III of this chapter in the same geographical area.
(b) Population statistics development
For the purpose of any application submitted under this part, the tribal organization may develop its own population statistics, with certification from the Bureau of Indian Affairs, in order to establish eligibility.
(c) Approval by Assistant Secretary
The Assistant Secretary shall approve any application which complies with the provisions of subsection (a) of this section.
(d) Disapproval by Assistant Secretary
Whenever the Assistant Secretary determines not to approve an application submitted under subsection (a) of this section the Assistant Secretary shall—
(1) state objections in writing to the tribal organization within 60 days after such decision;
(2) provide to the extent practicable technical assistance to the tribal organization to overcome such stated objections; and
(3) provide the tribal organization with a hearing, under such rules and regulations as the Assistant Secretary may prescribe.
(e) Funds per year
Whenever the Assistant Secretary approves an application of a tribal organization under this part, funds shall be awarded for not less than 12 months.
(
Prior Provisions
A prior section 3057e,
Amendments
1993—Subsec. (a).
Subsec. (c).
Subsec. (d).
Subsec. (e).
1992—Subsec. (a)(1).
Subsec. (a)(6).
Subsec. (a)(7).
Subsec. (a)(8).
Subsec. (a)(10).
Subsec. (a)(12).
Effective Date of 1992 Amendment
Amendment by section 601 of
§3057e–1. Distribution of funds among tribal organizations
(a) Maintenance of 1991 amounts
Subject to the availability of appropriations to carry out this part, the amount of the grant (if any) made under this part to a tribal organization for fiscal year 1992 and for each subsequent fiscal year shall be not less than the amount of the grant made under this part to the tribal organization for fiscal year 1991.
(b) Use of additional amounts appropriated
If the funds appropriated to carry out this part in a fiscal year subsequent to fiscal year 1991 exceed the funds appropriated to carry out this part in fiscal year 1991, then the amount of the grant (if any) made under this part to a tribal organization for the subsequent fiscal year shall be—
(1) increased by such amount as the Assistant Secretary considers to be appropriate, in addition to the amount of any increase required by subsection (a) of this section, so that the grant equals or more closely approaches the amount of the grant made under this part to the tribal organization for fiscal year 1980; or
(2) an amount the Assistant Secretary considers to be sufficient if the tribal organization did not receive a grant under this part for either fiscal year 1980 or fiscal year 1991.
(
Amendments
1993—Subsec. (b).
§3057f. Surplus educational facilities
(a) Multipurpose senior centers
Notwithstanding any other provision of law, the Secretary of the Interior through the Bureau of Indian Affairs shall make available surplus Indian educational facilities to tribal organizations, and nonprofit organizations with tribal approval, for use as multipurpose senior centers. Such centers may be altered so as to provide extended care facilities, community center facilities, nutrition services, child care services, and other supportive services.
(b) Applications; submission; contents
Each eligible tribal organization desiring to take advantage of such surplus facilities shall submit an application to the Secretary of the Interior at such time and in such manner, and containing or accompanied by such information, as the Secretary of the Interior determines to be necessary to carry out the provisions of this section.
(
Prior Provisions
A prior section 3057f,
Section Referred to in Other Sections
This section is referred to in
Part B—Native Hawaiian Program
Part Referred to in Other Sections
This part is referred to in
§3057g. Findings
The Congress finds the older Native Hawaiians—
(1) have a life expectancy 10 years less than any other ethnic group in the State of Hawaii;
(2) rank lowest on 9 of 11 standard health indicies 1 for all ethnic groups in Hawaii;
(3) are often unaware of social services and do not know how to go about seeking such assistance; and
(4) live in poverty at a rate of 34 percent.
(
Prior Provisions
A prior section 3057g,
1 So in original. Probably should be "indices".
§3057h. Eligibility
A public or nonprofit private organization having the capacity to provide services under this part for Native Hawaiians is eligible for assistance under this part only if—
(1) the organization will serve at least 50 individuals who have attained 60 years of age or older; and
(2) the organization demonstrates the ability to deliver supportive services, including nutrition services.
(
§3057i. Grants authorized
The Assistant Secretary may make grants to public and nonprofit private organizations to pay all of the costs for the delivery of supportive services and nutrition services to older Native Hawaiians.
(
Amendments
1993—
§3057j. Application
(a) Approval criteria; provisions and assurances
No grant may be made under this part unless the public or nonprofit private organization submits an application to the Assistant Secretary which meets such criteria as the Assistant Secretary may by regulation prescribe. Each such application shall—
(1) provide that the organization will evaluate the need for supportive and nutrition services among older Native Hawaiians to be represented by the organization;
(2) provide for the use of such methods of administration as are necessary for the proper and efficient administration of the program to be assisted;
(3) provide assurances that the organization will coordinate its activities with the State agency on aging and with the activities carried out under subchapter III of this chapter in the same geographical area;
(4) provide that the organization will make such reports in such form and containing such information as the Assistant Secretary may reasonably require, and comply with such requirements as the Assistant Secretary may impose to ensure the correctness of such reports;
(5) provide for periodic evaluation of activities and projects carried out under the application;
(6) establish objectives, consistent with the purpose of this subchapter, toward which activities described in the application will be directed, identify obstacles to the attainment of such objectives, and indicate the manner in which the organization proposes to overcome such obstacles;
(7) provide for establishing and maintaining information and assistance services to assure that older Native Hawaiians to be served by the assistance made available under this part will have reasonably convenient access to such services;
(8) provide a preference for Native Hawaiians 60 years of age and older for full or part-time staff positions wherever feasible;
(9) provide that any legal or ombudsman services made available to older Native Hawaiians represented by the nonprofit private organization will be substantially in compliance with the provisions of subchapter III of this chapter relating to the furnishing and similar services; and
(10) provide satisfactory assurances that the fiscal control and fund accounting procedures will be adopted as may be necessary to assure proper disbursement of, and accounting for, Federal funds paid under this part to the nonprofit private organization, including any funds paid by the organization to a recipient of a grant or contract.
(b) Approval by Assistant Secretary
The Assistant Secretary shall approve any application which complies with the provisions of subsection (a) of this section.
(c) Disapproval by Assistant Secretary
Whenever the Assistant Secretary determines not to approve an application submitted under subsection (a) of this section the Assistant Secretary shall—
(1) state objections in writing to the nonprofit private organization within 60 days after such decision;
(2) provide to the extent practicable technical assistance to the nonprofit private organization to overcome such stated objections; and
(3) provide the organization with a hearing under such rules and regulations as the Assistant Secretary may prescribe.
(d) Funds per year
Whenever the Assistant Secretary approves an application of a nonprofit private or public organization under this part funds shall be awarded for not less than 12 months.
(
Amendments
1993—
1992—Subsec. (a)(3).
Subsec. (a)(7).
Effective Date of 1992 Amendment
Amendment by section 603 of
§3057j–1. Distribution of funds among organizations
Subject to the availability of appropriations to carry out this part, the amount of the grant (if any) made under this part to an organization for fiscal year 1992 and for each subsequent fiscal year shall be not less than the amount of the grant made under this part to the organization for fiscal year 1991.
(
§3057k. "Native Hawaiian" defined
For the purpose of this part, the term "Native Hawaiian" means any individual any of whose ancestors were natives of the area which consists of the Hawaiian Islands prior to 1778.
(
Part C—General Provisions
§3057l. Administration
In establishing regulations for the purpose of part A of this subchapter the Assistant Secretary shall consult with the Secretary of the Interior.
(
Amendments
1993—
§3057m. Payments
Payments may be made under this subchapter (after necessary adjustments, in the case of grants, on account of previously made overpayments or underpayments) in advance or by way of reimbursement in such installments and on such conditions, as the Assistant Secretary may determine.
(
Amendments
1993—
§3057n. Authorization of appropriations
(a) There are authorized to be appropriated $30,000,000 for fiscal year 1992 and such sums as may be necessary for fiscal years 1993, 1994, and 1995, to carry out this subchapter (other than
(b) Of the amount appropriated under subsection (a) of this section for each fiscal year—
(1) 90 percent shall be available to carry out part A of this subchapter; and
(2) 10 percent shall be available to carry out part B of this subchapter.
(
Amendments
1992—
SUBCHAPTER XI—ALLOTMENTS FOR VULNERABLE ELDER RIGHTS PROTECTION ACTIVITIES
Subchapter Referred to in Other Sections
This subchapter is referred to in
Part A—State Provisions
subpart i—general state provisions
§3058. Establishment
The Assistant Secretary, acting through the Administration, shall establish and carry out a program for making allotments to States to pay for the cost of carrying out vulnerable elder rights protection activities.
(
Prior Provisions
A prior section 3058,
A prior section 701 of title VII of
Another prior section 701 of
Amendments
1993—
Effective Date
Subchapter inapplicable with respect to fiscal year 1993, see section 4(b) of
Subchapter inapplicable with respect to fiscal year 1992, see section 905(b)(6) of
Section Referred to in Other Sections
This section is referred to in
§3058a. Authorization of appropriations
(a) Ombudsman program
There are authorized to be appropriated to carry out subpart II of this part, $40,000,000 for fiscal year 1992 and such sums as may be necessary for fiscal years 1993, 1994, and 1995.
(b) Prevention of elder abuse, neglect, and exploitation
There are authorized to be appropriated to carry out subpart III of this part, $15,000,000 for fiscal year 1992 and such sums as may be necessary for fiscal years 1993, 1994, and 1995.
(c) State elder rights and legal assistance development program
There are authorized to be appropriated to carry out subpart IV of this part, $10,000,000 for fiscal year 1992 and such sums as may be necessary for fiscal years 1993, 1994, and 1995.
(d) Outreach, counseling, and assistance program
There are authorized to be appropriated to carry out subpart V of this part, $15,000,000 for fiscal year 1992 and such sums as may be necessary for fiscal years 1993, 1994, and 1995.
(
Prior Provisions
A prior section 3058a,
A prior section 702 of
Section Referred to in Other Sections
This section is referred to in
§3058b. Allotment
(a) In general
(1) Population
In carrying out the program described in
(2) Minimum allotments
(A) In general
After making the initial allotments described in paragraph (1), the Assistant Secretary shall adjust the allotments on a pro rata basis in accordance with subparagraphs (B) and (C).
(B) General minimum allotments
(i) Minimum allotment for States
No State shall be allotted less than one-half of 1 percent of the funds appropriated under
(ii) Minimum allotment for territories
Guam, the United States Virgin Islands, and the Trust Territory of the Pacific Islands, shall each be allotted not less than one-fourth of 1 percent of the funds appropriated under
(C) Minimum allotments for ombudsman and elder abuse programs
(i) Ombudsman program
No State shall be allotted for a fiscal year, from the funds appropriated under
(ii) Elder abuse programs
No State shall be allotted for a fiscal year, from the funds appropriated under
(D) "State" defined
For the purposes of this paragraph, the term "State" does not include Guam, American Samoa, the United States Virgin Islands, the Trust Territory of the Pacific Islands, and the Commonwealth of the Northern Mariana Islands.
(b) Reallotment
(1) In general
If the Assistant Secretary determines that any amount allotted to a State for a fiscal year under this section will not be used by the State for carrying out the purpose for which the allotment was made, the Assistant Secretary shall make the amount available to a State that the Assistant Secretary determines will be able to use the amount for carrying out the purpose.
(2) Availability
Any amount made available to a State from an appropriation for a fiscal year in accordance with paragraph (1) shall, for purposes of this part, be regarded as part of the allotment of the State (as determined under subsection (a) of this section) for the year, but shall remain available until the end of the succeeding fiscal year.
(c) Withholding
If the Assistant Secretary finds that any State has failed to carry out this subchapter in accordance with the assurances made and description provided under
(
Prior Provisions
A prior section 3058b,
A prior section 703 of
Amendments
1993—
Termination of Trust Territory of the Pacific Islands
For termination of Trust Territory of the Pacific Islands, see note set out preceding
Section Referred to in Other Sections
This section is referred to in
§3058c. Organization
In order for a State to be eligible to receive allotments under this part—
(1) the State shall demonstrate eligibility under
(2) the State agency designated by the State shall demonstrate compliance with the applicable requirements of
(3) each area agency on aging designated by the State agency and participating in such a program shall demonstrate compliance with the applicable requirements of
(
Prior Provisions
A prior section 3058c,
A prior section 704 of
§3058d. Additional State plan requirements
(a) Eligibility
In order to be eligible to receive an allotment under this part, a State shall include in the State plan submitted under
(1) an assurance that the State, in carrying out any subpart of this part for which the State receives funding under this part, will establish programs in accordance with the requirements of the subpart and this subpart;
(2) an assurance that the State will hold public hearings, and use other means, to obtain the views of older individuals, area agencies on aging, recipients of grants under subchapter X of this chapter, and other interested persons and entities regarding programs carried out under this part;
(3) an assurance that the State, in consultation with area agencies on aging, will identify and prioritize statewide activities aimed at ensuring that older individuals have access to, and assistance in securing and maintaining, benefits and rights;
(4) an assurance that the State will use funds made available under this part for a subpart in addition to, and will not supplant, any funds that are expended under any Federal or State law in existence on the day before September 30, 1992, to carry out the vulnerable elder rights protection activities described in the subpart;
(5) an assurance that the State will place no restrictions, other than the requirements referred to in clauses (i) through (iv) of
(6) an assurance that, with respect to programs for the prevention of elder abuse, neglect, and exploitation under subpart III of this part—
(A) in carrying out such programs the State agency will conduct a program of services consistent with relevant State law and coordinated with existing State adult protective service activities for—
(i) public education to identify and prevent elder abuse;
(ii) receipt of reports of elder abuse;
(iii) active participation of older individuals participating in programs under this chapter through outreach, conferences, and referral of such individuals to other social service agencies or sources of assistance if appropriate and if the individuals to be referred consent; and
(iv) referral of complaints to law enforcement or public protective service agencies if appropriate;
(B) the State will not permit involuntary or coerced participation in the program of services described in subparagraph (A) by alleged victims, abusers, or their households; and
(C) all information gathered in the course of receiving reports and making referrals shall remain confidential except—
(i) if all parties to such complaint consent in writing to the release of such information;
(ii) if the release of such information is to a law enforcement agency, public protective service agency, licensing or certification agency, ombudsman program, or protection or advocacy system; or
(iii) upon court order;
(7) an assurance that the State agency—
(A) from funds appropriated under
(i) the number of older individuals with greatest economic need, and older individuals with greatest social need, residing in their respective planning and service areas; and
(ii) the inadequacy in such areas of outreach activities and application assistance of the type specified in subpart V of this part;
(B) will require, as a condition of eligibility to receive funds to carry out subpart V of this part, an area agency on aging to submit an application that—
(i) describes the activities for which such funds are sought;
(ii) provides for an evaluation of such activities by the area agency on aging; and
(iii) includes assurances that the area agency on aging will prepare and submit to the State agency a report of the activities conducted with funds provided under this paragraph and the evaluation of such activities;
(C) will distribute to area agencies on aging—
(i) the eligibility information received under
(ii) information, in written form, explaining the requirements for eligibility to receive medical assistance under title XIX of the Social Security Act (
(D) will submit to the Assistant Secretary a report on the evaluations required to be submitted under subparagraph (B); and
(8) a description of the manner in which the State agency will carry out this subchapter in accordance with the assurances described in paragraphs (1) through (7).
(b) Privilege
Neither a State, nor a State agency, may require any provider of legal assistance under this part to reveal any information that is protected by the attorney-client privilege.
(
References in Text
The Social Security Act, referred to in subsec. (a)(7)(C)(ii), is act Aug. 14, 1935, ch. 531,
Prior Provisions
A prior section 3058d,
A prior section 705 of
Amendments
1993—Subsec. (a)(7)(D).
Section Referred to in Other Sections
This section is referred to in
§3058e. Demonstration projects
(a) Establishment
From amounts made available under
(1) benefits available under title XVI of the Social Security Act (
(2) medical assistance available under title XIX of such Act (
(3) benefits available under the Food Stamp Act of 1977 (
(b) Benefits
Each outreach project carried out under subsection (a) of this section shall—
(1) provide to older individuals with greatest economic need information and assistance regarding their eligibility to receive the benefits and assistance described in paragraphs (1) through (3) of subsection (a) of this section;
(2) be carried out in a planning and service area that has a high proportion of older individuals with greatest economic need, relative to the aggregate number of older individuals in such area; and
(3) be coordinated with State and local entities that administer benefits under such titles.
(
References in Text
The Social Security Act, referred to in subsec. (a)(1), (2), is act Aug. 14, 1935, ch. 531,
The Food Stamp Act of 1977, referred to in subsec. (a)(3), is
Prior Provisions
A prior section 706 of
Section Referred to in Other Sections
This section is referred to in
subpart ii—ombudsman programs
Subpart Referred to in Other Sections
This subpart is referred to in
§3058f. Definitions
As used in this subpart:
(1) Office
The term "Office" means the office established in
(2) Ombudsman
The term "Ombudsman" means the individual described in
(3) Local Ombudsman entity
The term "local Ombudsman entity" means an entity designated under
(4) Program
The term "program" means the State Long-Term Care Ombudsman program established in
(5) Representative
The term "representative" includes an employee or volunteer who represents an entity designated under
(6) Resident
The term "resident" means an older individual who resides in a long-term care facility.
(
§3058g. State Long-Term Care Ombudsman program
(a) Establishment
(1) In general
In order to be eligible to receive an allotment under
(A) establish and operate an Office of the State Long-Term Care Ombudsman; and
(B) carry out through the Office a State Long-Term Care Ombudsman program.
(2) Ombudsman
The Office shall be headed by an individual, to be known as the State Long-Term Care Ombudsman, who shall be selected from among individuals with expertise and experience in the fields of long-term care and advocacy.
(3) Functions
The Ombudsman shall serve on a full-time basis, and shall, personally or through representatives of the Office—
(A) identify, investigate, and resolve complaints that—
(i) are made by, or on behalf of, residents; and
(ii) relate to action, inaction, or decisions, that may adversely affect the health, safety, welfare, or rights of the residents (including the welfare and rights of the residents with respect to the appointment and activities of guardians and representative payees), of—
(I) providers, or representatives of providers, of long-term care services;
(II) public agencies; or
(III) health and social service agencies;
(B) provide services to assist the residents in protecting the health, safety, welfare, and rights of the residents;
(C) inform the residents about means of obtaining services provided by providers or agencies described in subparagraph (A)(ii) or services described in subparagraph (B);
(D) ensure that the residents have regular and timely access to the services provided through the Office and that the residents and complainants receive timely responses from representatives of the Office to complaints;
(E) represent the interests of the residents before governmental agencies and seek administrative, legal, and other remedies to protect the health, safety, welfare, and rights of the residents;
(F) provide administrative and technical assistance to entities designated under paragraph (5) to assist the entities in participating in the program;
(G)(i) analyze, comment on, and monitor the development and implementation of Federal, State, and local laws, regulations, and other governmental policies and actions, that pertain to the health, safety, welfare, and rights of the residents, with respect to the adequacy of long-term care facilities and services in the State;
(ii) recommend any changes in such laws, regulations, policies, and actions as the Office determines to be appropriate; and
(iii) facilitate public comment on the laws, regulations, policies, and actions;
(H)(i) provide for training representatives of the Office;
(ii) promote the development of citizen organizations, to participate in the program; and
(iii) provide technical support for the development of resident and family councils to protect the well-being and rights of residents; and
(I) carry out such other activities as the Assistant Secretary determines to be appropriate.
(4) Contracts and arrangements
(A) In general
Except as provided in subparagraph (B), the State agency may establish and operate the Office, and carry out the program, directly, or by contract or other arrangement with any public agency or nonprofit private organization.
(B) Licensing and certification organizations; associations
The State agency may not enter into the contract or other arrangement described in subparagraph (A) with—
(i) an agency or organization that is responsible for licensing or certifying long-term care services in the State; or
(ii) an association (or an affiliate of such an association) of long-term care facilities, or of any other residential facilities for older individuals.
(5) Designation of local Ombudsman entities and representatives
(A) Designation
In carrying out the duties of the Office, the Ombudsman may designate an entity as a local Ombudsman entity, and may designate an employee or volunteer to represent the entity.
(B) Duties
An individual so designated shall, in accordance with the policies and procedures established by the Office and the State agency—
(i) provide services to protect the health, safety, welfare 1 and rights of residents;
(ii) ensure that residents in the service area of the entity have regular, timely access to representatives of the program and timely responses to complaints and requests for assistance;
(iii) identify, investigate, and resolve complaints made by or on behalf of residents that relate to action, inaction, or decisions, that may adversely affect the health, safety, welfare, or rights of the residents;
(iv) represent the interests of residents before government agencies and seek administrative, legal, and other remedies to protect the health, safety, welfare, and rights of the residents;
(v)(I) review, and if necessary, comment on any existing and proposed laws, regulations, and other government policies and actions, that pertain to the rights and well-being of residents; and
(II) facilitate the ability of the public to comment on the laws, regulations, policies, and actions;
(vi) support the development of resident and family councils; and
(vii) carry out other activities that the Ombudsman determines to be appropriate.
(C) Eligibility for designation
Entities eligible to be designated as local Ombudsman entities, and individuals eligible to be designated as representatives of such entities, shall—
(i) have demonstrated capability to carry out the responsibilities of the Office;
(ii) be free of conflicts of interest;
(iii) in the case of the entities, be public or nonprofit private entities; and
(iv) meet such additional requirements as the Ombudsman may specify.
(D) Policies and procedures
(i) In general
The State agency shall establish, in accordance with the Office, policies and procedures for monitoring local Ombudsman entities designated to carry out the duties of the Office.
(ii) Policies
In a case in which the entities are grantees, or the representatives are employees, of area agencies on aging, the State agency shall develop the policies in consultation with the area agencies on aging. The policies shall provide for participation and comment by the agencies and for resolution of concerns with respect to case activity.
(iii) Confidentiality and disclosure
The State agency shall develop the policies and procedures in accordance with all provisions of this part regarding confidentiality and conflict of interest.
(b) Procedures for access
(1) In general
The State shall ensure that representatives of the Office shall have—
(A) access to long-term care facilities and residents;
(B)(i) appropriate access to review the medical and social records of a resident, if—
(I) the representative has the permission of the resident, or the legal representative of the resident; or
(II) the resident is unable to consent to the review and has no legal representative; or
(ii) access to the records as is necessary to investigate a complaint if—
(I) a legal guardian of the resident refuses to give the permission;
(II) a representative of the Office has reasonable cause to believe that the guardian is not acting in the best interests of the resident; and
(III) the representative obtains the approval of the Ombudsman;
(C) access to the administrative records, policies, and documents, to which the residents have, or the general public has access, of long-term care facilities; and
(D) access to and, on request, copies of all licensing and certification records maintained by the State with respect to long-term care facilities.
(2) Procedures
The State agency shall establish procedures to ensure the access described in paragraph (1).
(c) Reporting system
The State agency shall establish a statewide uniform reporting system to—
(1) collect and analyze data relating to complaints and conditions in long-term care facilities and to residents for the purpose of identifying and resolving significant problems; and
(2) submit the data, on a regular basis, to—
(A) the agency of the State responsible for licensing or certifying long-term care facilities in the State;
(B) other State and Federal entities that the Ombudsman determines to be appropriate;
(C) the Assistant Secretary; and
(D) the National Ombudsman Resource Center established in
(d) Disclosure
(1) In general
The State agency shall establish procedures for the disclosure by the Ombudsman or local Ombudsman entities of files maintained by the program, including records described in subsection (b)(1) or (c) of this section.
(2) Identity of complainant or resident
The procedures described in paragraph (1) shall—
(A) provide that, subject to subparagraph (B), the files and records described in paragraph (1) may be disclosed only at the discretion of the Ombudsman (or the person designated by the Ombudsman to disclose the files and records); and
(B) prohibit the disclosure of the identity of any complainant or resident with respect to whom the Office maintains such files or records unless—
(i) the complainant or resident, or the legal representative of the complainant or resident, consents to the disclosure and the consent is given in writing;
(ii)(I) the complainant or resident gives consent orally; and
(II) the consent is documented contemporaneously in a writing made by a representative of the Office in accordance with such requirements as the State agency shall establish; or
(iii) the disclosure is required by court order.
(e) Consultation
In planning and operating the program, the State agency shall consider the views of area agencies on aging, older individuals, and providers of long-term care.
(f) Conflict of interest
The State agency shall—
(1) ensure that no individual, or member of the immediate family of an individual, involved in the designation of the Ombudsman (whether by appointment or otherwise) or the designation of an entity designated under subsection (a)(5) of this section, is subject to a conflict of interest;
(2) ensure that no officer or employee of the Office, representative of a local Ombudsman entity, or member of the immediate family of the officer, employee, or representative, is subject to a conflict of interest;
(3) ensure that the Ombudsman—
(A) does not have a direct involvement in the licensing or certification of a long-term care facility or of a provider of a long-term care service;
(B) does not have an ownership or investment interest (represented by equity, debt, or other financial relationship) in a long-term care facility or a long-term care service;
(C) is not employed by, or participating in the management of, a long-term care facility; and
(D) does not receive, or have the right to receive, directly or indirectly, remuneration (in cash or in kind) under a compensation arrangement with an owner or operator of a long-term care facility; and
(4) establish, and specify in writing, mechanisms to identify and remove conflicts of interest referred to in paragraphs (1) and (2), and to identify and eliminate the relationships described in subparagraphs (A) through (D) of paragraph (3), including such mechanisms as—
(A) the methods by which the State agency will examine individuals, and immediate family members, to identify the conflicts; and
(B) the actions that the State agency will require the individuals and such family members to take to remove such conflicts.
(g) Legal counsel
The State agency shall ensure that—
(1)(A) adequate legal counsel is available, and is able, without conflict of interest, to—
(i) provide advice and consultation needed to protect the health, safety, welfare, and rights of residents; and
(ii) assist the Ombudsman and representatives of the Office in the performance of the official duties of the Ombudsman and representatives; and
(B) legal representation is provided to any representative of the Office against whom suit or other legal action is brought or threatened to be brought in connection with the performance of the official duties of the Ombudsman or such a representative; and
(2) the Office pursues administrative, legal, and other appropriate remedies on behalf of residents.
(h) Administration
The State agency shall require the Office to—
(1) prepare an annual report—
(A) describing the activities carried out by the Office in the year for which the report is prepared;
(B) containing and analyzing the data collected under subsection (c) of this section;
(C) evaluating the problems experienced by, and the complaints made by or on behalf of, residents;
(D) containing recommendations for—
(i) improving quality of the care and life of the residents; and
(ii) protecting the health, safety, welfare, and rights of the residents;
(E)(i) analyzing the success of the program including success in providing services to residents of board and care facilities and other similar adult care facilities; and
(ii) identifying barriers that prevent the optimal operation of the program; and
(F) providing policy, regulatory, and legislative recommendations to solve identified problems, to resolve the complaints, to improve the quality of care and life of residents, to protect the health, safety, welfare, and rights of residents, and to remove the barriers;
(2) analyze, comment on, and monitor the development and implementation of Federal, State, and local laws, regulations, and other government policies and actions that pertain to long-term care facilities and services, and to the health, safety, welfare, and rights of residents, in the State, and recommend any changes in such laws, regulations, and policies as the Office determines to be appropriate;
(3)(A) provide such information as the Office determines to be necessary to public and private agencies, legislators, and other persons, regarding—
(i) the problems and concerns of older individuals residing in long-term care facilities; and
(ii) recommendations related to the problems and concerns; and
(B) make available to the public, and submit to the Assistant Secretary, the chief executive officer of the State, the State legislature, the State agency responsible for licensing or certifying long-term care facilities, and other appropriate governmental entities, each report prepared under paragraph (1);
(4)(A) not later than 1 year after September 30, 1992, establish procedures for the training of the representatives of the Office, including unpaid volunteers, based on model standards established by the Director of the Office of Long-Term Care Ombudsman Programs, in consultation with representatives of citizen groups, long-term care providers, and the Office, that—
(i) specify a minimum number of hours of initial training;
(ii) specify the content of the training, including training relating to—
(I) Federal, State, and local laws, regulations, and policies, with respect to long-term care facilities in the State;
(II) investigative techniques; and
(III) such other matters as the State determines to be appropriate; and
(iii) specify an annual number of hours of in-service training for all designated representatives; and
(B) require implementation of the procedures not later than 21 months after September 30, 1992;
(5) prohibit any representative of the Office (other than the Ombudsman) from carrying out any activity described in subparagraphs (A) through (G) of subsection (a)(3) of this section unless the representative—
(A) has received the training required under paragraph (4); and
(B) has been approved by the Ombudsman as qualified to carry out the activity on behalf of the Office;
(6) coordinate ombudsman services with the protection and advocacy systems for individuals with developmental disabilities and mental illnesses established under—
(A) part A of the Developmental Disabilities Assistance and Bill of Rights Act [
(B) the Protection and Advocacy for Mentally Ill Individuals Act of 1986 (
(7) coordinate, to the greatest extent possible, ombudsman services with legal assistance provided under
(8) permit any local Ombudsman entity to carry out the responsibilities described in paragraph (1), (2), (3), (6), or (7).
(i) Liability
The State shall ensure that no representative of the Office will be liable under State law for the good faith performance of official duties.
(j) Noninterference
The State shall—
(1) ensure that willful interference with representatives of the Office in the performance of the official duties of the representatives (as defined by the Assistant Secretary) shall be unlawful;
(2) prohibit retaliation and reprisals by a long-term care facility or other entity with respect to any resident, employee, or other person for filing a complaint with, providing information to, or otherwise cooperating with any representative of, the Office; and
(3) provide for appropriate sanctions with respect to the interference, retaliation, and reprisals.
(
References in Text
The Developmental Disabilities Assistance and Bill of Rights Act, referred to in subsec. (h)(6)(A), is title I of
The Protection and Advocacy for Mentally Ill Individuals Act of 1986, referred to in subsec. (h)(6)(B), is
Amendments
1993—Subsecs. (a)(3)(I), (c)(2)(C), (h)(3)(B).
Subsec. (h)(4)(A).
Subsec. (j)(1).
Section Referred to in Other Sections
This section is referred to in
1 So in original. Probably should be followed by a comma.
§3058h. Regulations
The Assistant Secretary shall issue and periodically update regulations respecting—
(1) conflicts of interest by persons described in paragraphs (1) and (2) of
(2) the relationships described in subparagraphs (A) through (D) of
(
Amendments
1993—
subpart iii—programs for prevention of elder abuse, neglect, and exploitation
Subpart Referred to in Other Sections
This subpart is referred to in
§3058i. Prevention of elder abuse, neglect, and exploitation
(a) Establishment
In order to be eligible to receive an allotment under
(b) Use of allotments
The State agency shall use an allotment made under subsection (a) of this section to carry out, through the programs described in subsection (a) of this section, activities to develop, strengthen, and carry out programs for the prevention and treatment of elder abuse, neglect, and exploitation, including—
(1) providing for public education and outreach to identify and prevent elder abuse, neglect, and exploitation;
(2) ensuring the coordination of services provided by area agencies on aging with services instituted under the State adult protection service program;
(3) promoting the development of information and data systems, including elder abuse reporting systems, to quantify the extent of elder abuse, neglect, and exploitation in the State;
(4) conducting analyses of State information concerning elder abuse, neglect, and exploitation and identifying unmet service, enforcement, or intervention needs;
(5) conducting training for individuals, professionals, and paraprofessionals, in relevant fields on the identification, prevention, and treatment of elder abuse, neglect, and exploitation, with particular focus on prevention and enhancement of self-determination and autonomy;
(6) providing technical assistance to programs that provide or have the potential to provide services for victims of elder abuse, neglect, and exploitation and for family members of the victims;
(7) conducting special and on-going training, for individuals involved in serving victims of elder abuse, neglect, and exploitation, on the topics of self-determination, individual rights, State and Federal requirements concerning confidentiality, and other topics determined by a State agency to be appropriate; and
(8) promoting the development of an elder abuse, neglect, and exploitation system—
(A) that includes a State elder abuse, neglect, and exploitation law that includes provisions for immunity, for persons reporting instances of elder abuse, neglect, and exploitation, from prosecution arising out of such reporting, under any State or local law;
(B) under which a State agency—
(i) on receipt of a report of known or suspected instances of elder abuse, neglect, or exploitation, shall promptly initiate an investigation to substantiate the accuracy of the report; and
(ii) on a finding of elder abuse, neglect, or exploitation, shall take steps, including appropriate referral, to protect the health and welfare of the abused, neglected, or exploited older individual;
(C) that includes, throughout the State, in connection with the enforcement of elder abuse, neglect, and exploitation laws and with the reporting of suspected instances of elder abuse, neglect, and exploitation—
(i) such administrative procedures;
(ii) such personnel trained in the special problems of elder abuse, neglect, and exploitation prevention and treatment;
(iii) such training procedures;
(iv) such institutional and other facilities (public and private); and
(v) such related multidisciplinary programs and services,
as may be necessary or appropriate to ensure that the State will deal effectively with elder abuse, neglect, and exploitation cases in the State;
(D) that preserves the confidentiality of records in order to protect the rights of older individuals;
(E) that provides for the cooperation of law enforcement officials, courts of competent jurisdiction, and State agencies providing human services with respect to special problems of elder abuse, neglect, and exploitation;
(F) that enables an older individual to participate in decisions regarding the welfare of the older individual, and makes the least restrictive alternatives available to an older individual who is abused, neglected, or exploited; and
(G) that includes a State clearinghouse for dissemination of information to the general public with respect to—
(i) the problems of elder abuse, neglect, and exploitation;
(ii) the facilities described in subparagraph (C)(iv); and
(iii) prevention and treatment methods available to combat instances of elder abuse, neglect, and exploitation.
(c) Approach
In developing and enhancing programs under subsection (a) of this section, the State agency shall use a comprehensive approach, in consultation with area agencies on aging, to identify and assist older individuals who are subject to abuse, neglect, and exploitation, including older individuals who live in State licensed facilities, unlicensed facilities, or domestic or community-based settings.
(d) Coordination
In developing and enhancing programs under subsection (a) of this section, the State agency shall coordinate the programs with other State and local programs and services for the protection of vulnerable adults, particularly vulnerable older individuals, including programs and services such as—
(1) area agency on aging programs;
(2) adult protective service programs;
(3) the State Long-Term Care Ombudsman program established in subpart II of this part;
(4) protection and advocacy programs;
(5) facility and long-term care provider licensure and certification programs;
(6) medicaid fraud and abuse services, including services provided by a State medicaid fraud control unit, as defined in
(7) victim assistance programs; and
(8) consumer protection and law enforcement programs, as well as other State and local programs that identify and assist vulnerable older individuals.
(e) Requirements
In developing and enhancing programs under subsection (a) of this section, the State agency shall—
(1) not permit involuntary or coerced participation in such programs by alleged victims, abusers, or members of their households;
(2) require that all information gathered in the course of receiving a report described in subsection (b)(8)(B)(i) of this section, and making a referral described in subsection (b)(8)(B)(ii) of this section, shall remain confidential except—
(A) if all parties to such complaint or report consent in writing to the release of such information;
(B) if the release of such information is to a law enforcement agency, public protective service agency, licensing or certification agency, ombudsman program, or protection or advocacy system; or
(C) upon court order; and
(3) make all reasonable efforts to resolve any conflicts with other public agencies with respect to confidentiality of the information described in paragraph (2) by entering into memoranda of understanding that narrowly limit disclosure of information, consistent with the requirement described in paragraph (2).
(f) Designation
The State agency may designate a State entity to carry out the programs and activities described in this subpart.
(
Declaration of Purpose
Section 703(a) of
subpart iv—state elder rights and legal assistance development program
Subpart Referred to in Other Sections
This subpart is referred to in
§3058j. State elder rights and legal assistance development
(a) Establishment
(1) In general
In order to be eligible to receive an allotment under
(2) Coordination and assistance
In carrying out the program established under this subpart, the State agency shall coordinate, and provide assistance to, area agencies on aging and other entities in the State that assist older individuals in—
(A) understanding the rights of the older individuals;
(B) exercising choice;
(C) benefiting from services and opportunities authorized by law;
(D) maintaining the rights of the older individuals and, in particular, of the older individuals with reduced capacity; and
(E) solving disputes.
(b) Functions
In carrying out this subpart, the State agency shall—
(1) establish a focal point for elder rights policy review, analysis, and advocacy at the State level, including such issues as guardianship, age discrimination, pension and health benefits, insurance, consumer protection, surrogate decisionmaking, protective services, public benefits, and dispute resolution;
(2) provide an individual who shall be known as a State legal assistance developer, and other personnel, sufficient to ensure—
(A) State leadership in securing and maintaining legal rights of older individuals;
(B) State capacity for coordinating the provision of legal assistance;
(C) State capacity to provide technical assistance, training and other supportive functions to area agencies on aging, legal assistance providers, ombudsmen, and other persons as appropriate; and
(D) State capacity to promote financial management services for older individuals at risk of conservatorship;
(3)(A) develop, in conjunction with area agencies on aging and legal assistance providers, statewide standards for the delivery of legal assistance to older individuals; and
(B) provide technical assistance to area agencies on aging and legal assistance providers to enhance and monitor the quality and quantity of legal assistance to older individuals, including technical assistance in developing plans for targeting services to reach the older individuals with greatest economic need and older individuals with greatest social need, with particular attention to low-income minority individuals;
(4) provide consultation to, and ensure, the coordination of activities with the legal assistance provided under subchapter III of this chapter, services provided by the Legal Service Corporation, and services provided under subparts II, III, and V of this part, as well as other State or Federal programs administered at the State and local levels that address the legal assistance needs of older individuals;
(5) provide for the education and training of professionals, volunteers, and older individuals concerning elder rights, the requirements and benefits of specific laws, and methods for enhancing the coordination of services;
(6) promote, and provide as appropriate, education and training for individuals who are or might become guardians or representative payees of older individuals, including information on—
(A) the powers and duties of guardians or representative payees; and
(B) alternatives to guardianship;
(7) promote the development of, and provide technical assistance concerning, pro bono legal assistance programs, State and local bar committees on aging, legal hot lines, alternative dispute resolution, programs and curricula, related to the rights and benefits of older individuals, in law schools and other institutions of higher education, and other methods to expand access by older individuals to legal assistance and advocacy and vulnerable elder rights protection activities;
(8) provide for periodic assessments of the status of elder rights in the State, including analysis—
(A) of the unmet need for assistance in resolving legal problems and benefits-related problems, methods for expanding advocacy services, the status of substitute decisionmaking systems and services (including systems and services regarding guardianship, representative payeeship, and advance directives), access to courts and the justice system, and the implementation of civil rights and age discrimination laws in the State; and
(B) of problems and unmet needs identified in programs established under subchapter III of this chapter and other programs; and
(9) for the purpose of identifying vulnerable elder rights protection activities provided by the entities under this subpart, and coordinating the activities with programs established under subchapter III of this chapter and subparts II, III, and V of this part, develop working agreements with—
(A) State entities, including the consumer protection agency, the court system, the attorney general, the State equal employment opportunity commission, and other State agencies; and
(B) Federal entities, including the Social Security Administration, Health Care Financing Administration, and the Department of Veterans' Affairs, and other entities.
(
Section Referred to in Other Sections
This section is referred to in
subpart v—outreach, counseling, and assistance program
Subpart Referred to in Other Sections
This subpart is referred to in
§3058k. State outreach, counseling, and assistance program for insurance and public benefits
(a) Definitions
As used in this section:
(1) Insurance benefit
The term "insurance benefit" means a benefit under—
(A) the medicare program established under title XVIII of the Social Security Act (
(B) the medicaid program established under title XIX of the Social Security Act (
(C) a public or private insurance program;
(D) a medicare supplemental policy; or
(E) a pension plan.
(2) Medicare supplemental policy
The term "medicare supplemental policy" has the meaning given the term in section 1882(g)(1) of the Social Security Act (
(3) Pension plan
The term "pension plan" means an employee pension benefit plan, as defined in
(4) Public benefit
The term "public benefit" means a benefit under—
(A) the Federal Old-Age, Survivors, and Disability Insurance Benefits programs under title II of the Social Security Act (
(B) the medicare program established under title XVIII of the Social Security Act [
(C) the medicaid program established under title XIX of the Social Security Act [
(D) the program established under the Food Stamp Act of 1977 (
(E) the program established under the Low-Income Home Energy Assistance Act of 1981 (
(F) the supplemental security income program established under title XVI of the Social Security Act (
(G) a program determined to be appropriate by the Assistant Secretary.
(5) State insurance assistance program
The term "State insurance assistance program" means the program established under subsection (b)(1) of this section.
(6) State public benefit assistance program
The term "State public benefit assistance program" means the program established under subsection (b)(2) of this section.
(b) Establishment
In order to receive an allotment under
(1) a program to provide to older individuals outreach, counseling, and assistance related to obtaining insurance benefits; and
(2) a program to provide outreach, counseling, and assistance to older individuals who may be eligible for, but who are not receiving, public benefits.
(c) Insurance and public benefits
The State agency shall—
(1) in carrying out a State insurance assistance program—
(A) provide information and counseling to assist older individuals—
(i) in filing claims and obtaining benefits under title XVIII and title XIX of the Social Security Act [
(ii) in comparing medicare supplemental policies and in filing claims and obtaining benefits under such policies;
(iii) in comparing long-term care insurance policies and in filing claims and obtaining benefits under such policies;
(iv) in comparing other types of health insurance policies not described in clause (iii) and in filing claims and obtaining benefits under such policies;
(v) in comparing life insurance policies and in filing claims and obtaining benefits under such policies;
(vi) in comparing other forms of insurance policies not described in clause (v), in comparing pension plans, and in filing claims and obtaining benefits under such policies and plans as the State agency may determine to be necessary; and
(vii) in comparing current and future health and post-retirement needs related to pension plans, and the relationship of benefits under such plans to insurance benefits and public benefits;
(B) establish a system of referrals to appropriate providers of legal assistance, and to appropriate agencies of the Federal or State government regarding the problems of older individuals related to health insurance benefits, other insurance benefits, and public benefits;
(C) give priority to providing assistance to older individuals with greatest economic need;
(D) ensure that services provided under the program will be coordinated with programs established under subparts II, III, and IV of this part, and under subchapter III of this chapter;
(E) provide for adequate and trained staff (including volunteers) necessary to carry out the program;
(F) ensure that staff (including volunteers) of the agency and of any agency or organization described in subsection (d) of this section will not be subject to a conflict of interest in providing services under the program;
(G) provide for the collection and dissemination of timely and accurate information to staff (including volunteers) related to insurance benefits and public benefits;
(H) provide for the coordination of information on insurance benefits between the staff of departments and agencies of the State government and the staff (including volunteers) of the program; and
(I) make recommendations related to consumer protection that may affect individuals eligible for, or receiving, health or other insurance benefits; and
(2) in carrying out a State public benefits assistance program—
(A) carry out activities to identify older individuals with greatest economic need who may be eligible for, but who are not receiving, public benefits;
(B) conduct outreach activities to inform older individuals of the requirements for eligibility to receive such benefits;
(C) assist older individuals in applying for such benefits;
(D) establish a system of referrals to appropriate providers of legal assistance, or to appropriate agencies of the Federal or State government regarding the problems of older individuals related to public benefits;
(E) comply with the requirements specified in subparagraphs (C) through (F) of paragraph (1) with respect to the State public benefits assistance program;
(F) provide for the collection and dissemination of timely and accurate information to staff (including volunteers) related to public benefits;
(G) provide for the coordination of information on public benefits between the staff of State entities and the staff (including volunteers) of the State public benefits assistance program; and
(H) make recommendations related to consumer protection that may affect individuals eligible for, or receiving, public benefits.
(d) Administration
The State agency may operate the State insurance assistance program and the State public benefits assistance program directly, in cooperation with other State agencies, or under an agreement with a statewide nonprofit organization, an area agency on aging, or another public or nonprofit agency or organization.
(e) Maintenance of effort
Any funds appropriated for the activities under this subpart shall supplement, and shall not supplant, funds that are expended for similar purposes under any Federal, State, or local program providing insurance benefits or public benefits.
(f) Coordination
A State that receives an allotment under
(
References in Text
The Social Security Act, referred to in subsecs. (a)(1)(A), (B), (4)(A) to (C), (F), (c)(1)(A)(i), is act Aug. 14, 1935, ch. 531,
The Food Stamp Act of 1977, referred to in subsec. (a)(4)(D), is
The Low-Income Home Energy Assistance Act of 1981, referred to in subsec. (a)(4)(E), is title XXVI of
Amendments
1993—Subsec. (a)(4)(G).
Declaration of Purpose
Section 705(a) of
"(1) public and private health insurance, long-term care insurance, life insurance, and pension plans; and
"(2) public programs under which the individuals are entitled to benefits, including benefits under—
"(A) the supplemental security income program established under title XVI of the Social Security Act (
"(B) the medicare program established under title XVIII of the Social Security Act (
"(C) the medicaid program established under title XIX of the Social Security Act (
"(D) the program established under the Food Stamp Act of 1977 (
"(E) the program established under the Low-Income Home Energy Assistance Act of 1981 (
Part B—Native American Organization Provisions
§3058aa. Native American program
(a) Establishment
The Assistant Secretary, acting through the Director of the Office for American Indian, Alaskan Native, and Native Hawaiian Aging, shall establish and carry out a program for—
(1) assisting eligible entities in prioritizing, on a continuing basis, the needs of the service population of the entities relating to elder rights; and
(2) making grants to eligible entities to carry out vulnerable elder rights protection activities that the entities determine to be priorities.
(b) Application
In order to be eligible to receive assistance under this part, an entity shall submit an application to the Assistant Secretary, at such time, in such manner, and containing such information as the Assistant Secretary may require.
(c) Eligible entity
An entity eligible to receive assistance under this section shall be—
(1) an Indian tribe; or
(2) a public agency, or a nonprofit organization, serving older individuals who are Native Americans.
(d) Authorization of appropriations
There are authorized to be appropriated to carry out this section, $5,000,000 for fiscal year 1992, and such sums as may be necessary for fiscal years 1993, 1994, and 1995.
(
Amendments
1993—Subsecs. (a), (b).
Section Referred to in Other Sections
This section is referred to in
Part C—General Provisions
§3058bb. Definitions
As used in this subchapter:
(1) Elder right
The term "elder right" means a right of an older individual.
(2) Vulnerable elder rights protection activity
The term "vulnerable elder rights protection activity" means an activity funded under subpart II, III, IV, or V of this subchapter.1
(
1 So in original. Probably should be "part A of this subchapter."
§3058cc. Administration
A State agency or an entity described in
(1) other State agencies;
(2) area agencies on aging;
(3) county governments;
(4) institutions of higher education;
(5) Indian tribes; or
(6) nonprofit service providers or volunteer organizations.
(
§3058dd. Technical assistance
(a) Other agencies
In carrying out the provisions of this subchapter, the Assistant Secretary may request the technical assistance and cooperation of such Federal entities as may be appropriate.
(b) Assistant Secretary
The Assistant Secretary shall provide technical assistance and training (by contract, grant, or otherwise) to persons and entities that administer programs established under this subchapter.
(
Amendments
1993—Subsec. (a).
Subsec. (b).
§3058ee. Audits
(a) Access
The Assistant Secretary, the Comptroller General of the United States, and any duly authorized representative of the Assistant Secretary or the Comptroller shall have access, for the purpose of conducting an audit or examination, to any books, documents, papers, and records that are pertinent to financial assistance received under this subchapter.
(b) Limitation
State agencies, area agencies on aging, and entities described in
(
Amendments
1993—Subsec. (a).