CHAPTER 35 —PROGRAMS FOR OLDER AMERICANS
SUBCHAPTER I—DECLARATION OF OBJECTIVES AND DEFINITIONS
SUBCHAPTER II—ADMINISTRATION ON AGING
SUBCHAPTER III—GRANTS FOR STATE AND COMMUNITY PROGRAMS ON AGING
Part A—General Provisions
Part B—Supportive Services
Part C—Nutrition Services
subpart i—congregate nutrition services
subpart ii—home delivered nutrition services
subpart iii—general provisions
Part D—Evidence-Based Disease Prevention and Health Promotion Services
Part E—National Family Caregiver Support Program
SUBCHAPTER IV—ACTIVITIES FOR HEALTH, INDEPENDENCE, AND LONGEVITY
Part A—Grant Programs
Part B—General Provisions
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 SENIOR OPPORTUNITIES
SUBCHAPTER X—GRANTS FOR NATIVE AMERICANS
Part A—Indian Program
Part B—Native Hawaiian Program
Part C—Native American Caregiver Support Program
Part D—Supportive Services for Healthy Aging and Independence
Part E—General Provisions
SUBCHAPTER XI—ALLOTMENTS FOR VULNERABLE ELDER RIGHTS PROTECTION ACTIVITIES
Part A—State Provisions
subpart i—general state provisions
subpart ii—ombudsman programs
subpart iii—programs for prevention of elder abuse, neglect, and exploitation
subpart iv—state legal assistance development program
subpart v—outreach, counseling, and assistance program
Part B—Native American Organization and Elder Justice Provisions
Part C—General Provisions
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 (including access to person-centered, trauma-informed services as appropriate) 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
2020—Par. (2).
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 (
"(a)
"(b)
"(1)
"(2)
"(3)
"(4)
"(5)
"(6)
Effective Date of 1987 Amendment
"(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
"(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
Short Title of 2020 Amendment
Short Title of 2016 Amendment
Short Title of 2007 Amendment
Short Title of 2006 Amendment
Short Title of 2000 Amendment
Short Title of 1993 Amendment
Short Title of 1992 Amendment
Short Title of 1987 Amendment
Short Title of 1986 Amendment
Short Title of 1984 Amendment
Short Title of 1981 Amendment
Short Title of 1978 Amendment
Short Title of 1975 Amendment
Short Title of 1973 Amendment
Short Title of 1967 Amendment
Short Title
Regulations
Principles for Person-Directed Services and Supports During Serious Illness
"(a)
"(1)
"(2)
"(A) a State agency or area agency on aging; and
"(B) a Federal agency other than the Department of Health and Human Services, and a unit of that Department other than the Administration on Aging, that the Assistant Secretary determines performs functions for which the principles are relevant, and the Centers for Medicare & Medicaid Services.
"(3)
"(4)
"(b)
"(c)
"(d)
[For definitions of "area agency on aging" and "Assistant Secretary" as used in section 604 of
Guidance on Serving Holocaust Survivors
"(a)
"(b)
"(1) How nutrition service providers may meet the special health-related or other dietary needs of participants in programs under the Older Americans Act of 1965, including needs based on religious, cultural, or ethnic requirements.
"(2) How transportation service providers may address the urgent transportation needs of Holocaust survivors.
"(3) How State long-term care ombudsmen may address the unique needs of residents of long-term care facilities for whom institutional settings may produce sights, sounds, smells, emotions, and routines, that can induce panic, anxiety, and retraumatization as a result of experiences from the Holocaust.
"(4) How supportive services providers may consider the unique needs of Holocaust survivors.
"(5) How other services provided under that Act, as determined by the Assistant Secretary for Aging, may serve Holocaust survivors.
"(c)
Study of Effectiveness of State Long-Term Care Ombudsman Programs
Study on Board and Care Facility Quality
"(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
"(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
"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 [now
"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
White House Conference on Aging
"SEC. 201. AUTHORIZATION OF THE CONFERENCE.
"(a)
"(b)
"(c)
"(1) evaluate the manner in which the objectives of this Act [probably means the Older Americans Act of 1965,
"(2) evaluate the manner in which national policies that are related to economic security and health care are prepared so that such policies serve individuals born from 1946 to 1964 and later, as the individuals become older individuals, including an examination of the Social Security, Medicare, and Medicaid programs carried out under titles II, XVIII, and XIX of the Social Security Act (
"(3) develop not more than 50 recommendations to guide the President, Congress, and Federal agencies in serving older individuals.
"(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. 202. 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) make available for public comment a proposed agenda, prepared by the Policy Committee, for the Conference which will reflect to the greatest extent possible the major issues facing older individuals consistent with the provisions of subsection (a),
"(4) prepare and make available background materials for the use of delegates to the Conference which the Secretary deems necessary, and
"(5) engage such additional personnel as may be necessary to carry out the provisions of this section without regard to provisions of
"(b)
"(1) the agenda prepared under subsection (a)(3) for the Conference is published in the Federal Register not later than 30 days after such agenda is approved by the Policy Committee, and the Secretary may republish such agenda together with the recommendations of the Secretary regarding such agenda, and
"(2) the personnel engaged under subsection (a)(5) shall be fairly balanced in terms of points of views represented and shall be appointed without regard to political affiliation or previous partisan activities, [and]
"(3) the recommendations of the Conference are not inappropriately influenced by any appointing authority or by any special interest, but will instead be the result of the independent judgment of the Conference, and
"(4) current and adequate statistical data, including decennial census data, and other information on the well-being of older individuals in the United States are readily available, in advance of the Conference, to the delegates of the Conference, together with such information as may be necessary to evaluate Federal programs and policies relating to aging. In carrying out this subparagraph, the Secretary is authorized to make grants to, and enter into cooperative agreements with, public agencies and nonprofit private organizations.
"(c)
"(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. 203. POLICY COMMITTEE; RELATED COMMITTEES.
"(a)
"(1)
"(A)
"(i) three members who are officers or employees of the United States; and
"(ii) six members with experience in the field of aging, including providers and consumers of aging services.
"(B)
"(C)
"(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 for the Secretary;
"(C) make recommendations for participants and delegates of the Conference;
"(D) establish the number of delegates to be selected under section 201(d)(2);
"(E) establish an executive committee consisting of three to five members, with a majority of such members being age 55 or older, to work with Conference staff; and
"(F) establish other committees as needed that have a majority of members who are age 55 or older.
"(3)
"(A)
"(B)
"(b)
"(1)
"(2)
"(c)
"(d)
"SEC. 204. REPORT OF THE CONFERENCE.
"(a)
"(b)
"SEC. 205. DEFINITIONS.
"For the purposes of this title—
"(1) the term 'area agency on aging' has the meaning given the term in section 102 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. 206. AUTHORIZATION OF APPROPRIATIONS.
"(a)
"(1)
"(A) such sums as may be necessary for the first fiscal year in which the Policy Committee plans the Conference and for the following fiscal year; and
"(B) such sums as may be necessary for the fiscal year in which the Conference is held.
"(2)
"(b)
"(1)
"(2)
"(3)
[For reference to maximum rate under
[For termination of Trust Territory of the Pacific Islands, see note set out preceding
[
Definitions
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 "abuse" means the knowing infliction of physical or psychological harm or the knowing deprivation of goods or services that are necessary to meet essential needs or to avoid physical or psychological harm.
(2) The term "Administration" means the Administration on Aging.
(3) The term "adult protective services" means such services provided to adults as the Secretary may specify and includes services such as—
(A) receiving reports of adult abuse, neglect, or exploitation;
(B) investigating the reports described in subparagraph (A);
(C) case planning, monitoring, evaluation, and other casework and services; and
(D) providing, arranging for, or facilitating the provision of medical, social service, economic, legal, housing, law enforcement, or other protective, emergency, or support services.
(4) The term "Aging and Disability Resource Center" means an entity, network, or consortium established by a State as part of the State system of long-term care, to provide a coordinated and integrated system for older individuals and individuals with disabilities (as defined in
(A) comprehensive information on the full range of available public and private long-term care programs, options, service providers, and resources within a community, including information on the availability of integrated long-term care services, and Federal or State programs that provide long-term care services and supports through home and community-based service programs;
(B) person-centered counseling to assist individuals in assessing their existing or anticipated long-term care needs and goals, and developing and implementing a person-centered plan for long-term services, supports, and care that is consistent with the desires and choices of such an individual and designed to meet the individual's specific needs, goals, and circumstances;
(C) access for individuals to the full range of publicly-supported long-term care services and supports for which the individuals may be eligible, including home and community-based service options, by serving as a convenient point of entry for such programs and supports; and
(D) in cooperation with area agencies on aging, centers for independent living described in part C of
(5) 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.
(6) The term "area agency on aging" means an area agency on aging designated under
(7) The term "Assistant Secretary" means the Assistant Secretary for Aging.
(8)(A) The term "assistive device" includes an assistive technology device.
(B) The terms "assistive technology", "assistive technology device", and "assistive technology service" have the meanings given such terms in
(C) The term "State assistive technology entity" means the agency, office, or other entity designated under subsection (c)(1) of
(9) The term "at risk for institutional placement" means, with respect to an older individual, that such individual is unable to perform at least 2 activities of daily living without substantial assistance (including verbal reminding, physical cuing, or supervision) and is determined by the State involved to be in need of placement in a long-term care facility.
(10) The term "board and care facility" means an institution regulated by a State pursuant to
(11) 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.
(12) The term "civic engagement" means an individual or collective action designed to address a public concern or an unmet human, educational, health care, environmental, or public safety need.
(13) 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.
(14) The term "disease prevention and health promotion services" means—
(A) health risk assessments;
(B) routine health screening, which may include hypertension, glaucoma, cholesterol, cancer, vision, hearing, diabetes, bone density, oral health, immunization status, and nutrition screening (including screening for malnutrition);
(C) nutritional counseling and educational services for individuals and their primary caregivers;
(D) evidence-based health promotion programs, including programs related to the prevention and mitigation of the effects of chronic disease (including osteoporosis, hypertension, obesity, diabetes, and cardiovascular disease), infectious disease, and vaccine-preventable disease, prevention of sexually transmitted diseases, as well as alcohol and substance abuse reduction, chronic pain management, smoking cessation, weight loss and control, stress management, falls prevention, physical activity, and improved nutrition;
(E) programs regarding physical fitness, group exercise, and music therapy, art therapy, and dance-movement therapy, including programs for multigenerational participation that are provided by—
(i) an institution of higher education;
(ii) a local educational agency, as defined in section 8801 1 of title 20; or
(iii) a community-based organization;
(F) home injury control services, including screening of high-risk home environments and provision of educational programs on injury prevention (including fall and fracture prevention) in the home environment;
(G) screening for the prevention of depression and screening for suicide risk, coordination of community mental and behavioral health services, provision of educational activities, and referral to psychiatric and psychological services;
(H) screening for fall-related traumatic brain injury and other fall-related injuries, coordination of treatment, rehabilitation and related services, and referral services related to such injury or injuries;
(I) educational programs on the availability, benefits, and appropriate use of preventive health services covered under title XVIII of the Social Security Act (
(J) medication management screening and education to prevent incorrect medication and adverse drug reactions;
(K) information concerning diagnosis, prevention, treatment, and rehabilitation concerning age-related diseases and chronic disabling conditions, including osteoporosis, cardiovascular diseases, diabetes, and Alzheimer's disease and related disorders with neurological and organic brain dysfunction;
(L) services that are a part of responses to a public health emergency or emerging health threat;
(M) gerontological counseling;
(N) screening for the prevention of negative health effects associated with social isolation and coordination of supportive services and health care to address negative health effects associated with social isolation; and
(O) counseling regarding social services and followup health services based on any of the services described in subparagraphs (A) through (N).
The term shall not include services for which payment may be made under titles XVIII and XIX of the Social Security Act (
(15) The term "elder abuse" means abuse of an older individual.
(16) The term "elder abuse, neglect, and exploitation" means abuse, neglect, and exploitation, of an older individual.
(17) The term "elder justice" means—
(A) from a societal perspective, efforts to—
(i) prevent, detect, treat, intervene in, and prosecute elder abuse, neglect, and exploitation; and
(ii) protect older individuals with diminished capacity while maximizing their autonomy; and
(B) from an individual perspective, the recognition of an older individual's rights, including the right to be free of abuse, neglect, and exploitation.
(18)(A) The terms "exploitation" and "financial exploitation" mean the fraudulent or otherwise illegal, unauthorized, or improper act or process of an individual, including a caregiver or fiduciary, that uses the resources of an older individual for monetary or personal benefit, profit, or gain, or that results in depriving an older individual of rightful access to, or use of, benefits, resources, belongings, or assets.
(B) In subparagraph (A), 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 and means a family member or other individual who provides (on behalf of such individual or of a public or private agency, organization, or institution) compensated or uncompensated care to an older individual.
(19) The term "family violence" has the same meaning given the term in the Family Violence Prevention and Services Act [
(20) The term "fiduciary"—
(A) means a person or entity with the legal responsibility—
(i) to make decisions on behalf of and for the benefit of another person; and
(ii) to act in good faith and with fairness; and
(B) includes a trustee, a guardian, a conservator, an executor, an agent under a financial power of attorney or health care power of attorney, or a representative payee.
(21) The term "focal point" means a facility established to encourage the maximum collocation and coordination of services for older individuals.
(22) 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.
(23) The term "greatest economic need" means the need resulting from an income level at or below the poverty line.
(24) 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.
(25) The term "Hispanic-serving institution" has the meaning given the term in
(26) The term "Indian" means a person who is a member of an Indian tribe.
(27) 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 (
(28) 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;
(ii) older individuals with greatest economic need; and
(iii) older individuals at risk for institutional placement.
(29) The term "information and referral" includes information relating to assistive technology.
(30) The term "in-home services" includes—
(A) services of homemakers and home health aides;
(B) visiting and telephone reassurance;
(C) chore maintenance;
(D) in-home respite care for families, and adult day care as a respite service for families;
(E) minor modification of homes that is necessary to facilitate the ability of older individuals to remain at home and that is not available under another program (other than a program carried out under this chapter);
(F) personal care services; and
(G) other in-home services as defined—
(i) by the State agency in the State plan submitted in accordance with
(ii) by the area agency on aging in the area plan submitted in accordance with
(31) The term "institution of higher education" has the meaning given the term in
(32) The term "integrated long-term care"—
(A) means items and services that consist of—
(i) with respect to long-term care—
(I) long-term care items or services provided under a State plan for medical assistance under the Medicaid program established under title XIX of the Social Security Act (
(II) any other supports, items, or services that are available under any federally funded long-term care program; and
(ii) with respect to other health care, items and services covered under—
(I) the Medicare program established under title XVIII of the Social Security Act (
(II) the State plan for medical assistance under the Medicaid program; or
(III) any other federally funded health care program; and
(B) includes items or services described in subparagraph (A) that are provided under a public or private managed care plan or through any other service provider.
(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" means any service, care, or item (including an assistive device), including a disease prevention and health promotion service, an in-home service, and a case management service—
(A) intended to assist individuals in coping with, and to the extent practicable compensate for, a functional impairment in carrying out activities of daily living;
(B) furnished at home, in a community care setting (including a small community care setting as defined in subsection (g)(1), and a large community care setting as defined in subsection (h)(1), of section 1929 of the Social Security Act (
(C) not furnished to prevent, diagnose, treat, or cure a medical disease or condition.
(35) The term "long-term care facility" means—
(A) any skilled nursing facility, as defined in section 1819(a) of the Social Security Act (
(B) any nursing facility, as defined in section 1919(a) of the Social Security Act (
(C) a board and care facility; and
(D) any other adult care home, including an assisted living facility, similar to a facility or institution described in subparagraphs (A) through (C).
(36) 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 and behavioral health), social, nutritional, and educational services and the provision of facilities for recreational activities for older individuals.
(37) The term "Native American" means—
(A) an Indian as defined in paragraph (26); and
(B) a Native Hawaiian, as defined in
(38) The term "neglect" means—
(A) the failure of a caregiver (as defined in paragraph (18)(B)) or fiduciary to provide the goods or services that are necessary to maintain the health or safety of an older individual; or
(B) self-neglect.
(39) 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.
(40) The term "older individual" means an individual who is 60 years of age or older.
(41) The term "person-centered, trauma-informed", with respect to services, means services provided through an aging program that—
(A) use a holistic approach to providing services or care;
(B) promote the dignity, strength, and empowerment of victims of trauma; and
(C) incorporate evidence-based practices based on knowledge about the role of trauma in trauma victims' lives.
(42) The term "physical harm" means bodily injury, impairment, or disease.
(43) The term "planning and service area" means an area designated by a State agency under
(44) 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
(45) 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.
(46) The term "Secretary" means the Secretary of Health and Human Services, except that for purposes of subchapter IX such term means the Secretary of Labor.
(47) The term "self-directed care" means an approach to providing services (including programs, benefits, supports, and technology) under this chapter intended to assist an individual with activities of daily living, in which—
(A) such services (including the amount, duration, scope, provider, and location of such services) are planned, budgeted, and purchased under the direction and control of such individual;
(B) such individual is provided with such information and assistance as are necessary and appropriate to enable such individual to make informed decisions about the individual's care options;
(C) the needs, capabilities, and preferences of such individual with respect to such services, and such individual's ability to direct and control the individual's receipt of such services, are assessed by the area agency on aging (or other agency designated by the area agency on aging) involved;
(D) based on the assessment made under subparagraph (C), the area agency on aging (or other agency designated by the area agency on aging) develops together with such individual and the individual's family, caregiver (as defined in paragraph (18)(B)), or legal representative—
(i) a plan of services for such individual that specifies which services such individual will be responsible for directing;
(ii) a determination of the role of family members (and others whose participation is sought by such individual) in providing services under such plan; and
(iii) a budget for such services; and
(E) the area agency on aging or State agency provides for oversight of such individual's self-directed receipt of services, including steps to ensure the quality of services provided and the appropriate use of funds under this chapter.
(48) The term "self-neglect" means an adult's inability, due to physical or mental impairment or diminished capacity, to perform essential self-care tasks including—
(A) obtaining essential food, clothing, shelter, and medical care;
(B) obtaining goods and services necessary to maintain physical health, mental and behavioral health, or general safety; or
(C) managing one's own financial affairs.
(49) 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).3
(50) The term "sexual assault" has the meaning given the term in
(51) The term "State" means any of the several States, the District of Columbia, the Virgin Islands of the United States, the Commonwealth of Puerto Rico, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.
(52) The term "State agency" means the agency designated under
(53) The term "State system of long-term care" means the Federal, State, and local programs and activities administered by a State that provide, support, or facilitate access to long-term care for individuals in such State.
(54) The term "supportive service" means a service described in
(55) The term "traumatic brain injury" has the meaning given such term in
(56) 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.
(
References in Text
The Rehabilitation Act of 1973, referred to in par. (4), is
The Social Security Act, referred to in pars. (14) and (32), is act Aug. 14, 1935, ch. 531,
The Family Violence Prevention and Services Act, referred to in par. (19), is title III of
The Alaska Native Claims Settlement Act, referred to in par. (27), is
Amendments
2020—Par. (4).
Par. (4)(B).
Par. (4)(D).
Par. (8)(C).
Par. (14)(B).
Par. (14)(D).
Par. (14)(G).
Par. (14)(H) to (O).
Par. (35)(C).
Par. (37)(A).
Par. (41).
Pars. (42) to (54).
Par. (55).
Par. (56).
2016—Par. (1).
Par. (3).
Par. (4).
Par. (14)(B).
Par. (14)(G).
Par. (17).
Par. (18)(A).
Par. (36).
Par. (47)(B).
2006—
Par. (10).
Par. (12)(D).
Par. (24).
Par. (29)(E)(iii).
Par. (32)(D).
Par. (34).
"(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."
Pars. (44) to (54).
2003—Par. (42).
2000—Par. (3).
Par. (12).
Par. (18).
Par. (19).
Par. (20).
Par. (21).
Par. (22).
Par. (23).
Pars. (24) to (31).
Par. (32).
Par. (33).
Par. (34).
Par. (34)(C).
Par. (35).
Par. (36).
Pars. (37) to (41).
Pars. (42), (43).
Par. (44).
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).
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
1 See References in Text note below.
2 So in original. A closing parenthesis probably should follow "this title".
3 So in original. Probably should refer to paragraph (13).
§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 the Older Americans Act of 1965 [
(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
The Older Americans Act of 1965, referred to in text, is
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, 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 and subchapter X 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;
(I) promote coordination—
(i) between the administration of subchapter III and the administration of subchapter X; and
(ii) between programs established under subchapter III by the Assistant Secretary and programs established under subchapter X 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;
(L) not later than 180 days after April 19, 2016, establish standards applicable to the training required by
(M) collect and analyze best practices related to responding to elder abuse, neglect, and exploitation in long-term care facilities, and publish a report of such best practices.
(e) Elder abuse prevention and services
(1) The Assistant Secretary is authorized to designate within the Administration a person to have responsibility for elder abuse prevention and services.
(2) It shall be the duty of the Assistant Secretary, acting through the person designated to have responsibility for elder abuse prevention and services, and in coordination with the heads of State adult protective services programs and the Director of the Office of Long-Term Care Ombudsman Programs—
(A) to develop objectives, priorities, policy, and a long-term plan for—
(i) facilitating the development, implementation, and continuous improvement of a coordinated, multidisciplinary elder justice system in the United States;
(ii) providing Federal leadership to support State efforts in carrying out elder justice programs and activities relating to—
(I) elder abuse prevention, detection, treatment, intervention, and response;
(II) training of individuals regarding the matters described in subclause (I); and
(III) the development of a State comprehensive elder justice system, as defined in
(iii) establishing Federal guidelines and disseminating best practices for uniform data collection and reporting by States;
(iv) working with States, the Department of Justice, and other Federal entities to annually collect, maintain, and disseminate data relating to elder abuse, neglect, and exploitation, to the extent practicable;
(v) establishing an information clearinghouse to collect, maintain, and disseminate information concerning best practices and resources for training, technical assistance, and other activities to assist States and communities to carry out evidence-based programs to prevent and address elder abuse, neglect, and exploitation;
(vi) conducting research related to elder abuse, neglect, and exploitation;
(vii) providing technical assistance to States and other eligible entities that provide or fund the provision of the services described in subchapter XI;
(viii) carrying out a study to determine the national incidence and prevalence of elder abuse, neglect, and exploitation in all settings; and
(ix) promoting collaborative efforts and diminishing duplicative efforts in the development and carrying out of elder justice programs at the Federal, State and local levels; and
(B) to assist States and other eligible entities under subchapter XI to develop strategic plans to better coordinate elder justice activities, research, and training.
(3) The Secretary, acting through the Assistant Secretary, may issue such regulations as may be necessary to carry out this subsection and
(f) Mental health services
(1) The Assistant Secretary may designate an officer or employee who shall be responsible for the administration of mental and behavioral health services authorized under this chapter.
(2) It shall be the duty of the Assistant Secretary, acting through the individual designated under paragraph (1), to develop objectives, priorities, and a long-term plan for supporting State and local efforts involving education about and prevention, detection, and treatment of mental disorders, including age-related dementia, depression, and Alzheimer's disease and related neurological disorders with neurological and organic brain dysfunction.
(g) Research, Demonstration, and Evaluation Center for the Aging Network
(1) The Assistant Secretary shall, as appropriate, coordinate the research and evaluation functions of this chapter under a Research, Demonstration, and Evaluation Center for the Aging Network (in this subsection referred to as the "Center"), which shall be headed by a director designated by the Assistant Secretary from individuals described in paragraph (4).
(2) The purpose of the Center shall be—
(A) to coordinate, as appropriate, research, research dissemination, evaluation, demonstration projects, and related activities carried out under this chapter;
(B) to provide assessment of the programs and interventions authorized under this chapter; and
(C) to increase the repository of information on evidence-based programs and interventions available to the aging network, which information shall be applicable to existing programs and interventions and help in the development of new evidence-based programs and interventions.
(3) Activities of the Center shall include, as appropriate, conducting, promoting, coordinating, and providing support for—
(A) research and evaluation activities that support the objectives of this chapter, including—
(i) evaluation of new and existing programs and interventions authorized by this chapter; and
(ii) research on and assessment of the relationship between programs and interventions under this chapter and the health outcomes, social determinants of health, quality of life, and independence of individuals served under this chapter;
(B) demonstration projects that support the objectives of this chapter, including activities to bring effective demonstration projects to scale with a prioritization of projects that address the needs of underserved populations, and promote partnerships among aging services, community-based organizations, and Medicare and Medicaid providers, plans, and health (including public health) systems;
(C) outreach and dissemination of research findings; and
(D) technical assistance related to the activities described in this paragraph.
(4) The director shall be an individual with substantial knowledge of and experience in aging and health policy, and research administration.
(5) Not later than October 1, 2020, and at 5-year intervals thereafter, the director shall prepare and publish in the Federal Register for public comment a draft of a 5-year plan that—
(A) outlines priorities for research, research dissemination, evaluation, demonstration projects, and related activities;
(B) explains the basis for such priorities; and
(C) describes how the plan will meet the needs of underserved populations.
(6) The director shall coordinate, as appropriate, research, research dissemination, evaluation, and demonstration projects, and related activities with appropriate agency program staff, and, as appropriate, with other Federal departments and agencies involved in research in the field of aging.
(7) Not later than December 31, 2020, and annually thereafter, the director shall prepare, and submit to the Secretary, the Committee on Health, Education, Labor, and Pensions of the Senate, the Special Committee on Aging of the Senate, and the Committee on Education and Labor of the House of Representatives, a report on the activities funded under this section and subchapter IV.
(8) The director shall, as appropriate, consult with experts on aging research and evaluation and aging network stakeholders on the implementation of the activities described under paragraph (3) of this subsection.
(9) The director shall coordinate, as appropriate, all research and evaluation authorities under this chapter.
(
Amendments
2020—Subsec. (g).
2016—Subsec. (d)(3)(H).
Subsec. (d)(3)(L).
Subsec. (d)(3)(M).
Subsec. (e)(2).
Subsec. (f)(1).
2006—Subsecs. (e), (f).
2000—Subsec. (d)(3)(C)(ii), (J).
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
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
§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, but not approve an application submitted by an applicant for a grant for an activity under a provision of this chapter for which such applicant previously received a grant under such provision unless the Assistant Secretary determines—
(A) the activity for which such application was submitted is being operated, or was operated, effectively to achieve its stated purpose; and
(B) such applicant has complied with the assurances provided to the Assistant Secretary with the application for such previous grant.1
(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 health and economic needs of older individuals for supportive services, including nutrition, hospitalization, education and training services (including preretirement training, and continuing education), cultural experiences, activities, and services, including in the arts, low-cost transportation and housing, assistive technology, and health (including mental and behavioral 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 health and economic welfare of older individuals;
(8) gather statistics in the field of aging which other Federal agencies are not collecting, and take whatever action is necessary to achieve coordination of activities carried out or assisted by all departments, agencies, and instrumentalities of the Federal Government with respect to the collection, preparation, and dissemination of information relevant to older individuals;
(9) develop basic policies and set priorities with respect to the development and operation of programs and activities conducted under authority of this chapter;
(10) coordinate Federal programs and activities related to such purposes;
(11) coordinate, and assist in, the planning and development by public (including Federal, State, and local agencies) and private organizations of programs for older individuals, with a view to the establishment of a nationwide network of comprehensive, coordinated services and opportunities for such individuals;
(12)(A) consult and coordinate activities with the Administrator of the Centers for Medicare & Medicaid Services and the heads of other Federal entities to implement and build awareness of programs providing benefits affecting older individuals; and
(B) carry on a continuing evaluation of the programs and activities related to the objectives of this chapter, with particular attention to the impact of the programs and activities carried out under—
(i) titles XVIII and XIX of the Social Security Act (
(ii) the Age Discrimination in Employment Act of 1967 (
(iii) the National Housing Act (
(13) provide information and assistance to private organizations for the establishment and operation by them of programs and activities related to the objectives of this chapter;
(14) develop, in coordination with other agencies (including the Health Resources and Services Administration), a national plan for meeting the needs for trained personnel in the field of aging, and for training persons for carrying out programs related to the objectives of this chapter, and conduct and provide for the conducting of such training;
(15) consult with national organizations representing minority individuals to develop and disseminate training packages and to provide technical assistance efforts designed to assist State and area agencies on aging, and service providers, in providing services to older individuals with greatest economic need or individuals with greatest social need, with particular attention to and specific objectives for providing services to low-income minority individuals and older individuals residing in rural areas;
(16) collect for each fiscal year, for fiscal years beginning after September 30, 1988, directly or by contract, statistical data regarding programs and activities carried out with funds provided under this chapter, including—
(A) with respect to each type of service or activity provided with such funds—
(i) the aggregate amount of such funds expended to provide such service or activity;
(ii) the number of individuals who received such service or activity; and
(iii) the number of units of such service or activity provided;
(B) the number of senior centers which received such funds; and
(C) the extent to which each area agency on aging designated under
(17) obtain from—
(A) the Department of Agriculture information explaining the requirements for eligibility to receive benefits under the Food and Nutrition Act of 2008 [
(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;
(18)(A) establish and operate the National Ombudsman Resource Center (in this paragraph referred to as the "Center"), under the administration of the Director of the Office of Long-Term Care Ombudsman Programs, that will—
(i) by grant or contract—
(I) conduct research;
(II) provide training, technical assistance, and information to State Long-Term Care Ombudsmen;
(III) analyze laws, regulations, programs, and practices; and
(IV) provide assistance in recruiting and retaining volunteers for State Long-Term Care Ombudsman programs by establishing a national program for recruitment efforts that utilizes the organizations that have established a successful record in recruiting and retaining volunteers for ombudsman or other programs;
relating to Federal, State, and local long-term care ombudsman policies; and
(ii) assist State Long-Term Care Ombudsmen in the implementation of State Long-Term Care Ombudsman programs; and
(B) make available to the Center not less than the amount of resources made available to the Long-Term Care Ombudsman National Resource Center for fiscal year 2000;
(19) conduct strict monitoring of State compliance with the requirements in effect, under this chapter to prohibit conflicts of interest and to maintain the integrity and public purpose of services provided and service providers, under this chapter in all contractual and commercial relationships;
(20)(A) encourage, and provide technical assistance to, States, area agencies on aging, and service providers to carry out outreach and benefits enrollment assistance to inform and enroll older individuals with greatest economic need, who may be eligible to participate, but who are not participating, in Federal and State programs providing benefits for which the individuals are eligible, including—
(i) supplemental security income benefits under title XVI of the Social Security Act (
(ii) medical assistance under title XIX of such Act (
(iii) benefits under the Food and Nutrition Act of 2008 (
(iv) benefits under any other applicable program; and
(B) at the election of the Assistant Secretary and in cooperation with related Federal agency partners administering the Federal programs, make a grant to or enter into a contract with a qualified, experienced entity to establish a National Center on Senior Benefits Outreach and Enrollment, which shall—
(i) maintain and update web-based decision support and enrollment tools, and integrated, person-centered systems, designed to inform older individuals about the full range of benefits for which the individuals may be eligible under Federal and State programs;
(ii) utilize cost-effective strategies to find older individuals with greatest economic need and enroll the individuals in the programs;
(iii) create and support efforts for Aging and Disability Resource Centers, and other public and private State and community-based organizations, including faith-based organizations and coalitions, to serve as benefits enrollment centers for the programs;
(iv) develop and maintain an information clearinghouse on best practices and cost-effective methods for finding and enrolling older individuals with greatest economic need in the programs for which the individuals are eligible; and
(v) provide, in collaboration with related Federal agency partners administering the Federal programs, training and technical assistance on effective outreach, screening, enrollment, and follow-up strategies;
(21) establish information and assistance services as priority services for older individuals, and develop and operate, either directly or through contracts, grants, or cooperative agreements, a National Eldercare Locator Service, providing information and assistance services through a nationwide toll-free number to identify community resources for older individuals;
(22) develop guidelines for area agencies on aging to follow in choosing and evaluating providers of legal assistance;
(23) develop guidelines and a model job description for choosing and evaluating legal assistance developers referred to in
(24) establish and carry out pension counseling and information programs described in
(25) provide technical assistance, training, and other means of assistance to State agencies, area agencies on aging, and service providers regarding State and local data collection and analysis;
(26) design and implement, for purposes of compliance with paragraph (19), uniform data collection procedures for use by State agencies, including—
(A) uniform definitions and nomenclature;
(B) standardized data collection procedures;
(C) a participant identification and description system;
(D) procedures for collecting information on services needed by older individuals (including services that would permit such individuals to receive long-term care in home and community-based settings), 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;
(27) improve the delivery of services to older individuals living in rural areas through—
(A) synthesizing results of research on how best to meet the service needs of older individuals in rural areas;
(B) developing a resource guide on best practices for States, area agencies on aging, and service providers; and
(C) providing training and technical assistance to States to implement these best practices of service delivery;
(28) make available to States, area agencies on aging, and service providers information and technical assistance to support the provision of evidence-based disease prevention and health promotion services, including information and technical assistance on delivery of such services in different settings;
(29) provide information and technical assistance to States, area agencies on aging, and service providers, in collaboration with relevant Federal agencies, on providing efficient, person-centered transportation services, including across geographic boundaries;
(30) identify model programs and provide information and technical assistance to States, area agencies on aging, and service providers (including providers operating multipurpose senior centers), to support the modernization of multipurpose senior centers;
(31) provide technical assistance to and share best practices with States, area agencies on aging, and Aging and Disability Resource Centers, on how to collaborate and coordinate services with health care entities, such as Federally-qualified health centers, as defined in section 1905(l)(2)(B) of the Social Security Act (
(32) provide technical assistance to, and share best practices with, State agencies and area agencies on aging on how to collaborate and coordinate activities and develop long-range emergency preparedness plans with local and State emergency response agencies, relief organizations, local and State governments, Federal agencies as appropriate, and any other institutions that have responsibility for disaster relief service delivery;
(33) with input from aging network stakeholders, including caregivers, develop objectives, priorities, and a long-term plan for supporting State and local efforts involving education about prevention of, detection of, and response to negative health effects associated with social isolation among older individuals, and submit a report to Congress on this effort by January 2021; and
(34) provide (to the extent practicable) a standardized notification to State agencies, area agencies on aging, providers of services under this chapter, and grantees or contract awardees under this chapter, through an electronic format (e-mail or other electronic notification), of the availability of, or updates to, policies, practices, and procedures under this chapter.
(b) Development and implementation of comprehensive, coordinated systems for long-term care
To promote the development and implementation of comprehensive, coordinated systems at Federal, State, and local levels that enable older individuals to receive long-term care in home and community-based settings, in a manner responsive to the needs and preferences of older individuals and their family caregivers, the Assistant Secretary shall, consistent with the applicable provisions of this subchapter—
(1) collaborate, coordinate, and consult with other Federal entities responsible for formulating and implementing programs, benefits, and services related to providing long-term care, and may make grants, contracts, and cooperative agreements with funds received from other Federal entities;
(2) conduct research and demonstration projects to identify innovative, cost-effective strategies for modifying State systems of long-term care to—
(A) respond to the needs and preferences of older individuals and family caregivers; and
(B) target services to individuals at risk for institutional placement, to permit such individuals to remain in home and community-based settings;
(3) establish criteria for and promote the implementation (through area agencies on aging, service providers, and such other entities as the Assistant Secretary determines to be appropriate) of evidence-based programs to assist older individuals and their family caregivers in learning about and making behavioral changes intended to reduce the risk of injury, disease, and disability among older individuals;
(4) facilitate, in coordination with the Administrator of the Centers for Medicare & Medicaid Services, and other heads of Federal entities as appropriate, the provision of long-term care in home and community-based settings, including the provision of such care through self-directed care models that—
(A) provide for the assessment of the needs and preferences of an individual at risk for institutional placement to help such individual avoid unnecessary institutional placement and depletion of income and assets to qualify for benefits under the Medicaid program under title XIX of the Social Security Act (
(B) respond to the needs and preferences of such individual and provide the option—
(i) for the individual to direct and control the receipt of supportive services provided; or
(ii) as appropriate, for a person who was appointed by the individual, or is legally acting on the individual's behalf, in order to represent or advise the individual in financial or service coordination matters (referred to in this paragraph as a "representative" of the individual), to direct and control the receipt of those services; and
(C) assist an older individual (or, as appropriate, a representative of the individual) to develop a plan for long-term support, including selecting, budgeting for, and purchasing home and community-based long-term care and supportive services;
(5) provide for the Administration to play a lead role with respect to issues concerning home and community-based long-term care, including—
(A) directing (as the Secretary or the President determines to be appropriate) or otherwise participating in departmental and interdepartmental activities concerning long-term care;
(B) reviewing and commenting on departmental rules, regulations, and policies related to providing long-term care;
(C) making recommendations to the Secretary with respect to home and community-based long-term care, including recommendations based on findings made through projects conducted under paragraph (2); and
(D) when feasible, developing, in consultation with States and national organizations, a consumer-friendly tool to assist older individuals and their families in choosing home and community-based services, with a particular focus on ways for consumers to assess how providers protect the health, safety, welfare, and rights, including the rights provided under
(6) promote, in coordination with other appropriate Federal agencies—
(A) enhanced awareness by the public of the importance of planning in advance for long-term care; and
(B) the availability of information and resources to assist in such planning;
(7) ensure access to, and the dissemination of, information about all long-term care options and service providers, including the availability of integrated long-term care;
(8) implement in all States Aging and Disability Resource Centers—
(A) to serve as visible and trusted sources of information on the full range of long-term care options, including both institutional and home and community-based care, which are available in the community;
(B) to provide personalized and consumer-friendly assistance to empower individuals to identify and articulate goals of care and to make informed decisions about their care options;
(C) to provide coordinated and streamlined access to all publicly supported long-term care options so that consumers can obtain the care they need through a single intake, assessment, and eligibility determination process;
(D) to help individuals to respond to or plan ahead for their long-term care needs;
(E) to assist (in coordination with the entities carrying out the health insurance information, counseling, and assistance program (receiving funding under
(F) to provide information and referrals regarding available home and community-based services for individuals who are at risk for residing in, or who reside in, institutional settings, so that the individuals have the choice to remain in or to return to the community;
(9) establish, either directly or through grants or contracts, national technical assistance programs to assist State agencies, area agencies on aging, and community-based service providers funded under this chapter in implementing—
(A) home and community-based long-term care systems, including evidence-based programs; and
(B) evidence-based disease prevention and health promotion services programs, including delivery of such services in different settings; and
(C) activities for increasing business acumen, capacity building, organizational development, innovation, and other methods of growing and sustaining the capacity of the aging network to serve older individuals and caregivers most effectively;
(10) develop, in collaboration with the Administrator of the Centers for Medicare & Medicaid Services, performance standards and measures for use by States to determine the extent to which their State systems of long-term care fulfill the objectives described in this subsection; and
(11) conduct such other activities as the Assistant Secretary determines to be appropriate.
(c) Encouragement of participation by volunteer groups, utilization of older individuals, and cost savings
The Assistant Secretary, in consultation with the Chief Executive Officer of the Corporation for National and Community Service, shall—
(1) encourage and permit volunteer groups (including organizations carrying out national service programs and including organizations of youth in secondary or postsecondary school) that are active in supportive services and civic engagement to participate and be involved individually or through representative groups in supportive service and civic engagement programs or activities to the maximum extent feasible;
(2) develop a comprehensive strategy for utilizing older individuals to address critical local needs of national concern, including the engagement of older individuals in the activities of public and nonprofit organizations such as community-based organizations, including faith-based organizations; and
(3) encourage other community capacity-building initiatives involving older individuals, with particular attention to initiatives that demonstrate effectiveness and cost savings in meeting critical needs.
(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 2000.
(e) National Aging Information Center
(1)(A) The Assistant Secretary shall make grants or enter into contracts with eligible entities to establish the National Aging Information Center (in this subsection referred to as the "Center") to—
(i) provide information about grants and projects under subchapter IV;
(ii) annually compile, analyze, publish, and disseminate—
(I) statistical data collected under subsection (a)(19);
(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.
(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.
(f) Development of performance outcome measures
(1) The Assistant Secretary, in accordance with the process described in paragraph (2), and in collaboration with a representative group of State agencies, tribal organizations, area agencies on aging, and providers of services involved in the performance outcome measures shall develop and publish by December 31, 2001, a set of performance outcome measures for planning, managing, and evaluating activities performed and services provided under this chapter. To the maximum extent possible, the Assistant Secretary shall use data currently collected (as of the date of development of the measures) by State agencies, area agencies on aging, and service providers through the National Aging Program Information System and other applicable sources of information in developing such measures.
(2) The process for developing the performance outcome measures described in paragraph (1) shall include—
(A) a review of such measures currently in use by State agencies and area agencies on aging (as of the date of the review);
(B) development of a proposed set of such measures that provides information about the major activities performed and services provided under this chapter;
(C) pilot testing of the proposed set of such measures, including an identification of resource, infrastructure, and data collection issues at the State and local levels; and
(D) evaluation of the pilot test and recommendations for modification of the proposed set of such measures.
(g) Training and provision of services addressing elder justice and exploitation
The Assistant Secretary shall, as appropriate, ensure that programs authorized under this chapter include appropriate training in the prevention of abuse, neglect, and exploitation and provision of services that address elder justice and the exploitation of older individuals.
(h) Publication of funded centers and demonstration projects
The Assistant Secretary shall publish, on an annual basis, a list of centers and demonstration projects funded under each subchapter of this chapter. The Assistant Secretary shall ensure that this information is also directly provided to State agencies and area agencies on aging.
(i) RAISE Family Caregivers Act
The Assistant Secretary shall carry out the RAISE Family Caregivers Act (
(
References in Text
The Social Security Act, referred to in subsecs. (a)(12)(B)(i), (17)(B), (20)(A)(i), (ii) and (b)(4)(A), (8)(E), is act Aug. 14, 1935, ch. 531,
The Age Discrimination in Employment Act of 1967, referred to in subsec. (a)(12)(B)(ii), is
The National Housing Act, referred to in subsec. (a)(12)(B)(iii), is act June 27, 1934, ch. 847,
The Food and Nutrition Act of 2008, referred to in subsec. (a)(17)(A), (20)(A)(iii), is
The Medicare Prescription Drug, Improvement, and Modernization Act of 2003, referred to in subsec. (b)(8)(E), is
The RAISE Family Caregivers Act, referred to in subsec. (i), is
Codification
Amendments
2020—Subsec. (a)(4).
Subsec. (a)(5).
Subsec. (a)(23).
Subsec. (a)(28).
Subsec. (a)(32).
Subsec. (a)(33).
Subsec. (a)(34).
Subsec. (b)(9)(B).
Subsec. (b)(9)(A) to (C).
Subsec. (e)(1)(A)(i).
Subsec. (h).
Subsec. (i).
2016—Subsec. (a)(5).
Subsec. (a)(7).
Subsec. (a)(14).
Subsec. (a)(29) to (31).
Subsec. (b)(5)(D).
Subsec. (b)(8)(B).
Subsec. (b)(8)(D).
Subsec. (b)(8)(F).
Subsec. (g).
2008—Subsec. (a)(17)(A), (20)(A)(iii).
2006—Subsec. (a)(5).
Subsec. (a)(12).
Subsec. (a)(20).
Subsec. (a)(26)(D).
Subsec. (a)(27)(B).
Subsec. (a)(27)(D).
Subsec. (a)(28).
Subsecs. (b), (c).
Subsec. (e)(1)(A).
2000—Subsec. (a)(9).
Subsec. (a)(10), (11).
Subsec. (a)(12).
Subsec. (a)(13), (14).
"(13) convene conferences of such authorities and officials of public (including Federal, State, and local agencies) and nonprofit private organizations concerned with the development and operation of programs for older individuals as the Assistant Secretary deems necessary or proper for the development and implementation of policies related to the objectives of this chapter;
"(14) develop and operate programs providing services and opportunities as authorized by this chapter which are not otherwise provided by existing programs for older individuals;".
Subsec. (a)(15).
Subsec. (a)(16).
Subsec. (a)(16)(C).
Subsec. (a)(17).
Subsec. (a)(18).
Subsec. (a)(19).
Subsec. (a)(20).
Subsec. (a)(21).
Subsec. (a)(22).
Subsec. (a)(23).
Subsec. (a)(24).
"(24)(A) conduct a study to determine ways in which Federal funds might be more effectively targeted to low-income minority older individuals, and older individuals residing in rural areas, to better meet the needs of States with a disproportionate number of older individuals with greatest economic need and older individuals with greatest social need;
"(B) conduct a study to determine ways in which Federal funds might be more effectively targeted to better meet the needs of States with disproportionate numbers of older individuals, including methods of allotting funds under subchapter III of this chapter, using the most recent estimates of the population of older individuals; and
"(C) not later than January 1, 1995, submit a report containing the findings resulting from the studies described in subparagraphs (A) and (B) to the Speaker of the House of Representatives and the President pro tempore of the Senate;".
Subsec. (a)(25).
Subsec. (a)(26).
Subsec. (a)(27).
Subsec. (a)(28) to (30).
Subsec. (c).
"(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."
Subsec. (d)(4).
Subsec. (e)(1)(A)(i).
Subsec. (e)(1)(A)(iv).
Subsec. (f).
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 2008 Amendment
Amendment of this section and repeal of
Amendment by section 4002(b)(1)(B), (2)(BB) of
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
Interagency Coordination
"(1) in the planning, development, implementation, and evaluation of evidence-based policies, programs, practices, and other activities pertaining to the prevention of suicide among older individuals, including the implementation of evidence-based suicide prevention programs and strategies identified by the National Center for Injury Prevention and Control at the Centers for Disease Control and Prevention and other entities, as applicable; and
"(2) in providing and incorporating technical assistance for the prevention of suicide among older individuals, including technical assistance related to the Suicide Prevention Technical Assistance Center established under section 520C of the Public Health Service Act (
[For definitions of "Assistant Secretary" and "older individual" as used in section 123(a) of
Deadline for Development of Data Collection Procedures
1 So in original. The period probably should be a semicolon.
§3013. Federal agency consultation
(a) In general
(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 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), shall consult and cooperate with the Assistant Secretary in carrying out such program. In particular, the Secretary of Labor shall consult and cooperate with the Assistant Secretary in carrying out title I of the Workforce Innovation and Opportunity 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 older individuals, including low-income minority older individuals, older individuals with limited English proficiency, and older individuals residing in rural areas) and eligible individuals (as defined in
(B) the functions and responsibilities of State agencies and area agencies on aging.
(b) Federal programs related to chapter objectives
For the purposes of subsection (a), programs related to the objectives of this chapter shall include—
(1) title I of the Workforce Innovation and Opportunity 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 Assistance and Bill of Rights Act of 2000 [
(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 (
(19)
(20) section 393D of the Public Health Service Act (
(c) Interagency Coordinating Committee on Aging
(1) The Secretary, in collaboration with other Federal officials specified in paragraph (2), shall establish an Interagency Coordinating Committee on Healthy Aging and Age-Friendly Communities (referred to in this subsection as the "Committee") focusing on the coordination of agencies with respect to aging issues and the development of a national set of recommendations, in accordance with paragraph (6), to support the ability of older individuals to age in place and access homelessness prevention services, preventive health care, promote age-friendly communities, and address the ability of older individuals to access long-term care supports, including access to caregivers and home- and community-based health services.
(2) The officials referred to in paragraph (1) shall include the Secretary of Labor and the Secretary of Housing and Urban Development, and may include, at the direction of the President, the Attorney General, the Secretary of Transportation, the Secretary of the Treasury, the Secretary of Agriculture, the Secretary of Homeland Security, the Commissioner of Social Security, and such other Federal officials as the President may direct. An official described in this paragraph may appoint a designee to carry out the official's duties under paragraph (1).
(3) The Secretary of Health and Human Services shall serve as the first chairperson of the Committee, for 1 term, and the Secretary of Housing and Urban Development shall serve as the chairperson for the following term. After that following term, the Committee shall select a chairperson from among the members of the Committee, and any member may serve as the chairperson. No member may serve as the chairperson for more than 1 consecutive term.
(4) For purposes of this subsection, a term shall be a period of 2 calendar years. The first term, after March 25, 2020, shall start not later than 1 year after March 25, 2020.
(5) The Committee shall meet not less often than once each year.
(6) The recommendations described in paragraph (1) may include recommendations for—
(A) ways to improve coordination among Federal agencies with responsibility for programs and services that impact older individuals;
(B) best practices and evidence-based program and service models to assist older individuals in meeting their housing, health care, and other supportive service needs, including—
(i) consumer-directed care models for home and community-based care and supportive services that link housing, health care, and other supportive services and that facilitate aging in place, enabling older individuals to remain in their homes and communities as the individuals age;
(ii) innovations in technology applications (including assistive technology devices and assistive technology services) that give older individuals access to information on available services or that help in providing services to older individuals; and
(iii) best practices identified in coordination with the Centers for Disease Control and Prevention, the National Institute on Aging, the Centers for Medicare & Medicaid Services, the Office of Lead Hazard Control and Healthy Homes of the Department of Housing and Urban Development, and other Federal agencies, as appropriate, to reduce and prevent falls among older individuals, that incorporate evidence-based falls prevention programs and home modifications, which recommendations shall supplement and not unnecessarily duplicate activities authorized under section 393D of the Public Health Service Act (
(C) ways to collect and disseminate information about the programs and services available to older individuals to ensure that such information is accessible;
(D) ways to ensure the continued collection of data relating to the housing, health care, and other supportive service needs of older individuals and to support efforts to identify and address unmet data needs;
(E) actively seeking input from and consulting with nonprofit organizations, academic or research institutions, community-based organizations, philanthropic organizations, or other entities supporting age-friendly communities about the activities described in subparagraphs (A) through (F);
(F) identifying any barriers and impediments, including barriers and impediments in statutory and regulatory law, to the access and use by older individuals of federally funded programs and services; and
(G) ways to improve coordination to provide housing, health care, and other supportive services to older individuals.
(7) Not later than 90 days following the end of each term, the Committee shall prepare and submit to the Committee on Financial Services of the House of Representatives, the Committee on Education and Labor of the House of Representatives, the Committee on Energy and Commerce of the House of Representatives, the Committee on Ways and Means of the House of Representatives, the Committee on Banking, Housing, and Urban Affairs of the Senate, the Committee on Health, Education, Labor, and Pensions of the Senate, and the Special Committee on Aging of the Senate, a report that—
(A) describes the activities and accomplishments of the Committee in—
(i) enhancing the overall coordination of federally funded programs and services that impact older individuals; and
(ii) meeting the requirements of paragraph (6);
(B) incorporates an analysis from the head of each agency that is a member of the interagency coordinating committee established under paragraph (1) that describes the barriers and impediments, including barriers and impediments in statutory and regulatory law (as the chairperson of the Committee determines to be appropriate), to the access and use by older individuals of programs and services administered by such agency; and
(C) makes such recommendations as the chairman determines to be appropriate for actions to meet the needs described in paragraph (6) and for coordinating programs and services designed to meet those needs.
(8) On the request of the Committee, any Federal Government employee may be detailed to the Committee without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege.
(9) In this subsection, the term "age-friendly community" means a community that—
(A) is taking measurable steps to—
(i) include adequate and accessible housing, public spaces and buildings, safe and secure paths, variable route transportation services, and programs and services designed to support health and well-being;
(ii) respect and include older individuals in social opportunities, civic participation, volunteerism, and employment; and
(iii) facilitate access to supportive services for older individuals;
(B) is not an assisted living facility or long-term care facility; and
(C) has a plan in place to meet local needs for housing, transportation, civic participation, social connectedness, and accessible public spaces.
(
References in Text
The Workforce Innovation and Opportunity Act, 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), was 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 Assistance and Bill of Rights Act of 2000, referred to in subsec. (b)(17), is
References to the Edward Byrne Memorial State and Local Law Enforcement Assistance Programs, referred to in subsec. (b)(18), deemed to be a reference to the grant program referred to in
The Omnibus Crime Control and Safe Streets Act of 1968, referred to in subsec. (b)(18), is
Codification
In subsec. (b)(9), "
Amendments
2020—Subsec. (b)(20).
Subsec. (c)(1).
Subsec. (c)(4).
Subsec. (c)(6).
Subsec. (c)(6)(A).
"(i) improving access to programs and services for older individuals;
"(ii) maximizing the impact of federally funded programs and services for older individuals by increasing the efficiency, effectiveness, and delivery of such programs and services;
"(iii) planning and preparing for the impact of demographic changes on programs and services for older individuals; and
"(iv) reducing or eliminating areas of overlap and duplication by Federal agencies in the provision and accessibility of such programs and services".
Subsec. (c)(6)(B).
Subsec. (c)(6)(B)(iii).
Subsec. (c)(6)(C).
Subsec. (c)(6)(D).
Subsec. (c)(6)(E).
Subsec. (c)(6)(F).
Subsec. (c)(6)(G).
"(i) holding meetings with State agencies;
"(ii) providing ongoing technical assistance to States about better meeting the needs of older individuals; and
"(iii) working with States to designate liaisons, from the State agencies, to the Committee."
Subsec. (c)(7).
Subsec. (c)(7)(A)(i).
Subsec. (c)(9).
2014—Subsec. (a)(2).
Subsec. (b)(1).
2006—Subsec. (a)(3)(A).
Subsec. (b)(19).
Subsec. (c).
2000—Subsec. (a)(3)(A).
Subsec. (b)(17).
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 2014 Amendment
Amendment by
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
§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 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. Gifts and donations
(a) Gifts and donations
The Assistant Secretary may accept, use, and dispose of, on behalf of the United States, gifts or donations (in cash or in kind, including voluntary and uncompensated services or property), which shall be available until expended for the purposes specified in subsection (b). Gifts of cash and proceeds of the sale of property shall be available in addition to amounts appropriated to carry out this chapter.
(b) Use of gifts and donations
Gifts and donations accepted pursuant to subsection (a) may be used either directly, or for grants to or contracts with public or nonprofit private entities, for the following activities:
(1) The design and implementation of demonstrations of innovative ideas and best practices in programs and services for older individuals.
(2) The planning and conduct of conferences for the purpose of exchanging information, among concerned individuals and public and private entities and organizations, relating to programs and services provided under this chapter and other programs and services for older individuals.
(3) The development, publication, and dissemination of informational materials (in print, visual, electronic, or other media) relating to the programs and services provided under this chapter and other matters of concern to older individuals.
(c) Ethics guidelines
The Assistant Secretary shall establish written guidelines setting forth the criteria to be used in determining whether a gift or donation should be declined under this section because the acceptance of the gift or donation would—
(1) reflect unfavorably upon the ability of the Administration, the Department of Health and Human Services, or any employee of the Administration or Department, to carry out responsibilities or official duties under this chapter in a fair and objective manner; or
(2) compromise the integrity or the appearance of integrity of programs or services provided under this chapter or of any official involved in those programs or services.
(
Prior Provisions
A prior section 3015,
A prior section 204 of
§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; and
(D) collect, prepare, publish, and disseminate special educational or informational materials, including reports of the projects for which funds are provided under this chapter.
(2)(A) The Assistant Secretary shall designate an officer or employee who shall serve on a full-time basis and who shall be responsible for the administration of the nutrition services described in subparts I and II of part C of subchapter III and shall have duties that include—
(i) designing, implementing, and evaluating evidence-based programs to support improved nutrition and regular physical activity for older individuals;
(ii) developing guidelines for nutrition providers concerning safety, sanitary handling of food, equipment, preparation, and food storage;
(iii) conducting outreach and disseminating evidence-based information to nutrition service providers about the benefits of healthful diets and regular physical activity, including information about the most current Dietary Guidelines for Americans published under
(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;
(viii) disseminating guidance that describes strategies for improving the nutritional quality of meals provided under subchapter III, including strategies for increasing the consumption of whole grains, lowfat dairy products, fruits, and vegetables;
(ix) developing and disseminating guidelines for conducting nutrient analyses of meals provided under subparts I and II of part C of subchapter III, including guidelines for averaging key nutrients over an appropriate period of time; and
(x) providing technical assistance to the regional offices of the Administration with respect to each duty described in clauses (i) through (ix).
(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.
(C) The Assistant Secretary may provide technical assistance, including through the regional offices of the Administration, to State agencies, area agencies on aging, local government agencies, or leaders in age-friendly communities (as defined, for purposes of this subparagraph, in
(i) dissemination of, or consideration of ways to implement, best practices and recommendations from the Interagency Coordinating Committee on Healthy Aging and Age-Friendly Communities established under
(ii) methods for managing and coordinating existing programs to meet the needs of growing age-friendly communities.
(D) The officer or employee designated under subparagraph (A) shall—
(i) have expertise in nutrition, energy balance, and meal planning; and
(ii) be a registered dietitian or registered dietitian nutritionist.
(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.
(
Prior Provisions
A prior section 205 of
Amendments
2020—Subsec. (a)(2)(C).
Subsec. (a)(2)(D).
Subsec. (a)(2)(D)(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."
2016—Subsec. (c).
2006—Subsec. (a)(1)(C) to (E).
Subsec. (a)(2)(A)(i).
Subsec. (a)(2)(A)(iii).
Subsec. (a)(2)(A)(viii) to (x).
Subsec. (a)(2)(C)(i).
2000—Subsec. (a)(2)(A).
Subsecs. (c) to (e).
"(c) Not later than 120 days after October 9, 1987, the Secretary shall issue and publish in the Federal Register proposed regulations for the administration of this chapter. After allowing a reasonable period for public comment on such proposed rules and not later than 90 days after such publication, the Secretary shall issue, in final form, regulations for the administration of this chapter.
"(d) Not later than September 1 of each fiscal year, the Assistant Secretary shall make available to the public, for the purpose of facilitating informed public comment, a statement of proposed specific goals to be achieved by implementing this chapter in the first fiscal year beginning after the date on which such statement is made available."
1993—Subsecs. (a), (b), (d).
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 older individuals residing in rural areas) and unserved older individuals with greatest social need (including low-income minority individuals and older individuals residing in rural areas), and their structure and mechanisms for delivery of services, including, where appropriate, comparisons with appropriate control groups composed of persons who have not participated in such programs. Evaluations shall be conducted by persons not immediately involved in the administration of the program or project evaluated.
(b) Relationship of programs to health care expenditures
Not later than July 1, 2020, the Secretary shall provide, directly or through grant or contract, for an evaluation of programs under this chapter, which shall include, to the extent practicable, an analysis of the relationship of such programs, including demonstration projects under subchapter IV of this chapter, to health care expenditures under the Medicare program established under title XVIII of the Social Security Act (
(c) 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
(d) 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, older individuals residing in rural areas and older individuals with disabilities.
(e) Annual summaries and analyses of evaluation; demonstration projects; transmittal to Congress; dissemination to Federal, State, and local agencies and private organizations; accessibility to public
The Secretary shall annually publish summaries and analyses of the results of evaluative research and evaluation of program and project impact and effectiveness, including, as appropriate, health and nutrition education demonstration projects conducted under section 3027(f) 1 of this title, the full contents of which shall be transmitted to Congress, be disseminated to Federal, State, and local agencies and private organizations with an interest in aging, and be accessible to the public.
(f) 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.
(g) 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.
(h) Funds
From the total amount appropriated for each fiscal year to carry out subchapter III, the Secretary may use such sums as may be necessary, but not to exceed ½ of 1 percent of such amount, for purposes of conducting evaluations under this section, either directly or through grants or contracts. 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.
(
References in Text
The Social Security Act, referred to in subsec. (b), is act Aug. 14, 1935, ch. 531,
Prior Provisions
A prior section 206 of
Amendments
2020—Subsecs. (b) to (h).
2006—Subsec. (g).
2000—Subsec. (a).
Subsec. (c).
Subsecs. (g), (h).
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
1 See References in Text note below.
§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) statistical data and an analysis of information regarding the effectiveness of the State agency and area agencies on aging in targeting services to older individuals with greatest economic need and older individuals with greatest social need, with particular attention to low-income minority individuals, older individuals residing in rural areas, low-income individuals, and frail individuals (including individuals with any physical or mental functional impairment); and
(4) a description of the implementation of the plan required by
(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 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 Health, Education, Labor, and Pensions 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 in accordance with
(A) the Administrator of the Centers for Medicare & Medicaid Services;
(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 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), prepare and submit a report on the outreach activities supported under this chapter, together with such recommendations as the Assistant Secretary deems appropriate. In carrying out this subsection, the Assistant Secretary shall consider—
(1) the number of older individuals reached through the activities;
(2) the dollar amount of the assistance and benefits received by older individuals as a result of such activities;
(3) the cost of such activities in terms of the number of individuals reached and the dollar amount described in paragraph (2);
(4) the effect of such activities on supportive services and nutrition services furnished under subchapter III of this chapter; and
(5) the effectiveness of State and local efforts to target older individuals with greatest economic need (including low-income minority individuals and older individuals residing in rural areas) and older individuals with greatest social need (including low-income minority individuals and older individuals residing in rural areas) to receive services under this chapter.
(d) Evaluation to Congress
The Assistant Secretary shall provide the evaluation required under
(1) the Committee on Health, Education, Labor, and Pensions of the Senate;
(2) the Committee on Appropriations of the Senate;
(3) the Special Committee on Aging of the Senate;
(4) the Committee on Education and Labor of the House of Representatives; and
(5) the Committee on Appropriations of the House of Representatives.
(
Prior Provisions
A prior section 207 of
Amendments
2020—Subsec. (b)(2)(B).
Subsec. (b)(3)(A).
Subsec. (d).
2016—Subsec. (a)(2).
Subsec. (a)(4).
2006—Subsec. (b)(2)(B).
Subsec. (b)(2)(C).
2000—Subsec. (a)(3).
Subsec. (a)(4).
Subsec. (a)(5).
Subsec. (c)(5).
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—
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
§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