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

Codification

Title IV of the Older Americans Act of 1965, comprising this subchapter, was originally enacted by Pub. L. 89–73, title IV, as added Pub. L. 93–29, title IV, §401, May 3, 1973, 87 Stat. 45, and amended by Pub. L. 94–135, Nov. 28, 1975, 89 Stat. 717; Pub. L. 95–478, Oct. 18, 1978, 92 Stat. 1537. Such title is shown herein, however, as having been added by Pub. L. 97–115, §11(a), Dec. 29, 1981, 95 Stat. 1601, or subsequent public law, without reference to such intervening amendments because of the extensive revision of the title's provisions by Pub. L. 97–115.

Subchapter Referred to in Other Sections

This subchapter is referred to in sections 3012, 3017, 3023, 3030, 3056a of this title.

§3030aa. Statement of purpose

It is the purpose of this subchapter to expand the Nation's knowledge and understanding of aging and the aging process, to design and test innovative ideas in programs and services for older individuals, and publicly disseminate the results of the tests, to replicate such programs and services under this chapter, and to help meet the needs for trained personnel in the field of aging through—

(1) placing a priority on the education and training of personnel to work with and on behalf of older individuals, with special emphasis on minority individuals, low-income individuals, frail individuals, and individuals with disabilities;

(2) research and development of effective practices in the field of aging;

(3) demonstration projects directly related to the field of aging; and

(4) dissemination of information on aging and the aging process acquired through such programs to public and private organizations or programs for older individuals.

(Pub. L. 89–73, title IV, §401, as added Pub. L. 98–459, title IV, §401, Oct. 9, 1984, 98 Stat. 1780; amended Pub. L. 100–175, title I, §151, Nov. 29, 1987, 101 Stat. 951; Pub. L. 102–375, title IV, §401, Sept. 30, 1992, 106 Stat. 1243.)

Prior Provisions

A prior section 401 of Pub. L. 89–73, title IV, as added Pub. L. 93–29, title IV, §401, May 3, 1973, 87 Stat. 45; amended Pub. L. 95–478, title I, §104(a)(1), Oct. 18, 1973, 92 Stat. 1537, related to the Congressional statement of purpose in developing and implementing a national manpower policy for the field of aging and was classified to section 3031 of this title, prior to the general amendment of this subchapter by Pub. L. 97–115.

Another prior section 401 of Pub. L. 89–73, title IV, July 14, 1965, 79 Stat. 224; Pub. L. 90–42, §5(b), July 1, 1967, 81 Stat. 107; Pub. L. 91–69, §7, Sept. 17, 1969, 83 Stat. 111, related to description of activities and was classified to section 3031 of this title, prior to repeal by Pub. L. 93–29, title IV, §401, May 3, 1973, 87 Stat. 45.

Amendments

1992—Pub. L. 102–375 inserted "and publicly disseminate the results of the tests, to replicate such programs and services under this chapter," after "individuals," in introductory provisions.

1987—Par. (1). Pub. L. 100–175 inserted ", with special emphasis on minority individuals, low-income individuals, frail individuals, and individuals with disabilities" before semicolon at end.

Effective Date of 1987 Amendment

Amendment by Pub. L. 100–175 effective Oct. 1, 1987, except not applicable with respect to any area plan submitted under section 3026(a) of this title or any State plan submitted under section 3027(a) of this title and approved for any fiscal year beginning before Nov. 29, 1987, see section 701(a), (b) of Pub. L. 100–175, set out as a note under section 3001 of this title.

Effective Date

Section effective Oct. 9, 1984, see section 803(a) of Pub. L. 98–459, set out as an Effective Date of 1984 Amendment note under section 3001 of this title.

§3030bb. Administration

(a) Administration

In order to carry out the provisions of this subchapter effectively, the Assistant Secretary shall administer this subchapter through the Administration.

(b) Technical assistance and cooperation

In carrying out the provisions of this subchapter, the Assistant Secretary may request the technical assistance and cooperation of the Department of Education, the National Institutes of Health, the Department of Veterans Affairs, the Substance Abuse and Mental Health Services Administration, and such other agencies and departments of the Federal Government as may be appropriate.

(c) Minorities

The Assistant Secretary shall ensure that grants and contracts under this subchapter are equitably awarded to agencies, organizations, and institutions representing minorities.

(d) Consultation

The Assistant Secretary shall, in developing priorities, consistent with the requirements of this subchapter, for awarding grants and entering into contracts under this subchapter, consult annually with State agencies, area agencies on aging, recipients of grants under subchapter X of this chapter, institutions of higher education, organizations representing beneficiaries of services under this chapter, and other organizations, and individuals, with expertise in aging issues.

(e) Evaluation and compliance

The Assistant Secretary shall ensure that grants and contracts awarded under this subchapter—

(1) are evaluated for their benefit to older individuals, and to programs under this chapter; and

(2) comply with the requirements under this chapter.

(Pub. L. 89–73, title IV, §402, as added Pub. L. 98–459, title IV, §401, Oct. 9, 1984, 98 Stat. 1781; amended Pub. L. 100–175, title I, §§104(d), 105(d), 134(c)(1), Nov. 29, 1987, 101 Stat. 930, 941; Pub. L. 102–54, §13(q)(9)(C), June 13, 1991, 105 Stat. 281; Pub. L. 102–321, title I, §163(c)(2)(C), July 10, 1992, 106 Stat. 377; Pub. L. 102–375, title I, §102(b)(1)(A), title IV, §402, title IX, §904(a)(16), Sept. 30, 1992, 106 Stat. 1200, 1244, 1308; Pub. L. 103–171, §§2(14), 3(a)(13), Dec. 2, 1993, 107 Stat. 1989, 1990.)

Prior Provisions

A prior section 402 of Pub. L. 89–73, title IV, as added Pub. L. 93–29, title IV, §401, May 3, 1973, 87 Stat. 45; amended Pub. L. 95–478, title I, §104(a)(2), Oct. 18, 1978, 92 Stat. 1537, related to appraisal and assessment of personnel needs of field of aging and was classified to section 3032 of this title, prior to the general amendment of this subchapter by Pub. L. 97–115.

Another prior section 402 of Pub. L. 89–73, title IV, July 14, 1965, 79 Stat. 224, related to payments of grants, providing in: subsec. (a) for contribution by recipients; subsec. (b) adjustments, advances or reimbursement, installments and conditions; and subsec. (c) consultation of Secretary with State agency prior to making grants or contracts and was classified to section 3032 of this title, prior to repeal by Pub. L. 93–29, title IV, §401, May 3, 1973, 87 Stat. 45.

Amendments

1993—Pub. L. 103–171, §3(a)(13), substituted "Assistant Secretary" for "Commissioner" wherever appearing.

Subsec. (b). Pub. L. 103–171, §2(14), which directed the amendment of subsec. (b) by substituting "Substance Abuse and Mental Health Services Administration" for "Alcohol, Drug Abuse, and Mental Health Administration" could not be executed because the words "Alcohol, Drug Abuse, and Mental Health Administration" did not appear in text subsequent to the amendment by Pub. L. 102–321. See 1992 Amendment note below.

1992—Subsec. (a). Pub. L. 102–375, §102(b)(1)(A), substituted "Administration" for "Administration on Aging".

Subsec. (b). Pub. L. 102–375, §904(a)(16), substituted "the Alcohol" for "Alcohol".

Pub. L. 102–321 substituted "the Substance Abuse and Mental Health Services Administration" for "the Alcohol, Drug Abuse, and Mental Health Administration".

Subsecs. (d), (e). Pub. L. 102–375, §402, added subsecs. (d) and (e).

1991—Subsec. (b). Pub. L. 102–54 substituted "Department of Veterans Affairs" for "Veterans' Administration".

1987—Subsec. (b). Pub. L. 100–175, §§104(d), 105(d), inserted references to the Veterans' Administration and the Alcohol, Drug Abuse, and Mental Health Administration.

Subsec. (c). Pub. L. 100–175, §134(c)(1), added subsec. (c).

Effective Date of 1992 Amendments

Amendment by Pub. L. 102–375 effective Sept. 30, 1992, see section 905(a) of Pub. L. 102–375, set out as a note under section 3001 of this title.

Amendment by Pub. L. 102–321 effective Oct. 1, 1992, see section 801(c) of Pub. L. 102–321, set out as a note under section 236 of this title.

Effective Date of 1987 Amendment

Amendment by Pub. L. 100–175 effective Oct. 1, 1987, except not applicable with respect to any area plan submitted under section 3026(a) of this title or any State plan submitted under section 3027(a) of this title and approved for any fiscal year beginning before Nov. 29, 1987, see section 701(a), (b) of Pub. L. 100–175, set out as a note under section 3001 of this title.

Effective Date

Section effective Oct. 9, 1984, see section 803(a) of Pub. L. 98–459, set out as an Effective Date of 1984 Amendment note under section 3001 of this title.

Part A—Education and Training

Part Referred to in Other Sections

This part is referred to in section 3012 of this title.

§3030jj. Purpose

The purpose of this part is to improve the quality of service and to help meet critical shortages of adequately trained personnel for programs in the field of aging by—

(1) identifying both short- and long-range manpower needs in the field of aging;

(2) providing a broad range of educational and training opportunities to meet those needs;

(3) attracting a greater number of qualified personnel, with particular emphasis on attracting minority individuals, into the field of aging;

(4) helping to upgrade personnel training programs to make them more responsive to the need in the field of aging; and

(5) establishing and supporting multidisciplinary centers of gerontology (including centers of gerontology to improve, enhance, and expand minority personnel and training programs) and providing special emphasis that will improve, enhance, and expand existing training programs.

(Pub. L. 89–73, title IV, §410, as added Pub. L. 98–459, title IV, §402, Oct. 9, 1984, 98 Stat. 1781; amended Pub. L. 100–175, title I, §134(c)(2), Nov. 29, 1987, 101 Stat. 941; Pub. L. 102–375, title IV, §403, Sept. 30, 1992, 106 Stat. 1244.)

Amendments

1992—Par. (3). Pub. L. 102–375 inserted ", with particular emphasis on attracting minority individuals," after "qualified personnel".

1987—Par. (5). Pub. L. 100–175 inserted "(including centers of gerontology to improve, enhance, and expand minority personnel and training programs)" after "gerontology".

Effective Date of 1987 Amendment

Amendment by Pub. L. 100–175 effective Oct. 1, 1987, except not applicable with respect to any area plan submitted under section 3026(a) of this title or any State plan submitted under section 3027(a) of this title and approved for any fiscal year beginning before Nov. 29, 1987, see section 701(a), (b) of Pub. L. 100–175, set out as a note under section 3001 of this title.

Effective Date

Section effective Oct. 9, 1984, see section 803(a) of Pub. L. 98–459, set out as an Effective Date of 1984 Amendment note under section 3001 of this title.

§3031. Grants and contracts

(a) Purposes

The Assistant Secretary shall make grants and enter into contracts to achieve the purpose of this part. The purposes for which such grants and contracts shall be made include the following:

(1) To provide comprehensive and coordinated nondegree education, training programs, and curricula at institutions of higher education and at other research, training, or educational organizations, for practitioners in the fields of nutrition, health (including mental health) care, gerontology, supportive services, housing, and long-term care, including the expansion and enhancement of existing inservice education and training programs.

(2) To provide inservice training opportunities to the personnel of State offices, area agencies on aging, senior centers, and nutrition and counseling programs to strengthen their capacity to remain responsive to the needs of older individuals, with special emphasis on using culturally sensitive practices.

(3) To provide courses on aging and the dissemination of information about aging to the public through institutions of higher education and other public and nonprofit private organizations and agencies.

(4) To provide in-service training opportunities and courses of instruction on aging to Indian tribes through public and nonprofit Indian aging organizations.

(5) To provide annually a national meeting to train directors of programs under subchapter X of this chapter.

(b) Educational activities; inservice training

To achieve the purpose of this subchapter, the Administration shall conduct both—

(1) long-term educational activities to prepare personnel for careers in the field of aging; and

(2) short-term inservice training and continuing education activities for State agency and area agency on aging personnel, and other personnel, in the field of aging or preparing to enter the field of aging.

(c) Recruitment and training of personnel; Alzheimer's disease and related disorders

In making grants and contracts under this part, the Assistant Secretary shall give special consideration to the recruitment and training of personnel, volunteers, and those individuals preparing for employment in that part of the field of aging which relates to providing services to individuals with disabilities and to individuals with Alzheimer's disease and related disorders with neurological and organic brain dysfunction and providing family respite services with respect to such individuals.

(d) Data on number of individuals to be trained and number of older individuals to be served

In making grants or contracts under this part, the Assistant Secretary shall ensure that all projects and activities related to personnel training shall include specific data on the number of individuals to be trained and the number of older individuals to be served through such training activities by public and nonprofit agencies, State and area agencies on aging, institutions of higher education, and other organizations.

(e) Grants and contracts for training of service providers

From amounts appropriated under section 3037(b) of this title, the Assistant Secretary shall make grants and enter into contracts under this part to establish and carry out a program under which service providers (including family physicians, clergy, and other professionals) will receive training—

(1) comprised of—

(A) intensive training regarding normal aging, recognition of problems of older individuals, and communication with providers of mental health services; and

(B) advanced clinical training regarding means of assessing and treating the problems of older individuals;

(2) provided by—

(A) faculty and graduate students in programs of human development and family studies at an institution of higher education;

(B) mental health professionals; and

(C) nationally recognized consultants with expertise regarding the mental health problems of individuals residing in rural areas; and

(3) held in public hospitals throughout each State in which the program is carried out.

(Pub. L. 89–73, title IV, §411, as added Pub. L. 97–115, §11(a), Dec. 29, 1981, 95 Stat. 1601; amended Pub. L. 98–459, title IV, §403, Oct. 9, 1984, 98 Stat. 1781; Pub. L. 100–175, title I, §§105(e)(1), 134(c)(3), 156(a), Nov. 29, 1987, 101 Stat. 930, 941, 954; Pub. L. 100–628, title VII, §705(7), Nov. 7, 1988, 102 Stat. 3247; Pub. L. 102–375, title I, §102(b)(1)(A), (10)(A), (H), title IV, §404, Sept. 30, 1992, 106 Stat. 1200, 1202, 1244; Pub. L. 103–171, §§2(15), 3(a)(13), Dec. 2, 1993, 107 Stat. 1989, 1990.)

Prior Provisions

A prior section 3031, Pub. L. 89–73, title IV, §401, as added Pub. L. 93–29, title IV, §401, May 3, 1973, 87 Stat. 45; amended Pub. L. 95–478, title I, §104(a)(1), Oct. 18, 1973, 92 Stat. 1537, related to Congressional statement of purpose in developing and implementing a national manpower policy for the field of aging, prior to the general amendment of this subchapter by Pub. L. 97–115.

Another prior section 3031, Pub. L. 89–73, title IV, §401, July 14, 1965, 79 Stat. 224; Pub. L. 90–42, §5(b), July 1, 1967, 81 Stat. 107; Pub. L. 91–69, §7, Sept. 17, 1969, 83 Stat. 111, related to description of activities, prior to repeal by Pub. L. 93–29, title IV, §401, May 3, 1973, 87 Stat. 45.

A prior section 411 of Pub. L. 89–73, as added Pub. L. 93–29, title IV, §401, May 3, 1973, 87 Stat. 47; amended Pub. L. 95–478, title I, §104(b)(1), (2), title V, §503(c)(3), Oct. 18, 1978, 92 Stat. 1538, 1539, related to grants and contracts and was classified to section 3035 of this title, prior to the general amendment of this subchapter by Pub. L. 97–115.

Provisions similar to those comprising this section were contained in sections 3033 and 3034 of this title prior to the general revision of this subchapter by Pub. L. 97–115.

Amendments

1993—Pub. L. 103–171, §3(a)(13), substituted "Assistant Secretary" for "Commissioner" wherever appearing.

Subsec. (e). Pub. L. 103–171, §2(15), substituted "section 3037(b)" for "3037(b)".

1992—Subsec. (a)(1). Pub. L. 102–375, §404(a)(1), inserted "gerontology," after "(including mental health) care,".

Subsec. (a)(2). Pub. L. 102–375, §§102(b)(10)(A), 404(a)(2), substituted "area agencies on aging" for "area agencies", inserted "and counseling" after "nutrition", and inserted before period at end ", with special emphasis on using culturally sensitive practices".

Subsec. (a)(5). Pub. L. 102–375, §404(a)(3), added par. (5).

Subsec. (b). Pub. L. 102–375, §102(b)(1)(A), substituted "Administration" for "Administration on Aging".

Subsec. (b)(2). Pub. L. 102–375, §102(b)(10)(H), substituted "State agency and area agency on aging" for "State and area agency".

Subsec. (e). Pub. L. 102–375, §404(b), added subsec. (e).

1988—Subsec. (c). Pub. L. 100–628 substituted "disease and" for "disease and and".

1987—Subsec. (a)(1). Pub. L. 100–175, §105(e)(1), inserted "(including mental health)" after "health".

Subsec. (a)(4). Pub. L. 100–175, §134(c)(3), added par. (4).

Subsec. (c). Pub. L. 100–175, §156(a), substituted "services to individuals with disabilities and to individuals with" for "custodial and skilled care for older individuals who suffer from" and "and related disorders with neurological and organic brain dysfunction" for "other neurological and organic brain disorders of the Alzheimer's type".

1984—Pub. L. 98–459 substituted provisions authorizing Commissioner to make grants and enter into contracts to achieve purposes of this part, and enumerating those purposes, with special consideration being given to recruitment and training of personnel for the care of patients suffering from Alzheimer's and related diseases, and requiring the inclusion in all projects and activities related to personnel training under this part of data on the number of individuals to be trained and the number of individuals to be served by such training for provisions which had authorized the Commissioner to make grants and enter into contracts to assist the Commissioner in recruiting persons to enter the field of aging, training volunteers and persons employed in or preparing for employment in the field of aging (including such stipends to persons participating in training programs as the Commissioner finds appropriate), technical assistance, and other activities related to such training.

Effective Date of 1987 Amendment

Amendment by Pub. L. 100–175 effective Oct. 1, 1987, except not applicable with respect to any area plan submitted under section 3026(a) of this title or any State plan submitted under section 3027(a) of this title and approved for any fiscal year beginning before Nov. 29, 1987, see section 701(a), (b) of Pub. L. 100–175, set out as a note under section 3001 of this title.

Effective Date of 1984 Amendment

Amendment by Pub. L. 98–459 effective Oct. 9, 1984, see section 803(a) of Pub. L. 98–459, set out as a note under section 3001 of this title.

Section Referred to in Other Sections

This section is referred to in section 3037 of this title.

§3032. Multidisciplinary centers of gerontology and gerontology centers of special emphasis; establishment and support; requirements; data

(a) The Assistant Secretary may make grants to public and private nonprofit agencies, organizations, and institutions for the purpose of establishing or supporting multidisciplinary centers of gerontology, and gerontology centers of special emphasis (including emphasis on nutrition, employment, health (including mental health), disabilities (including severe disabilities), income maintenance, counseling services, supportive services and minority populations). Such centers shall conduct research and policy analysis and function as a technical resource for the Assistant Secretary, policymakers, service providers, and the Congress. Multidisciplinary centers of gerontology shall—

(1) recruit and train personnel;

(2) conduct basic and applied research directed toward the development of information related to aging;

(3) stimulate the incorporation of information on aging into the teaching of biological, behavioral, and social sciences at colleges and universities;

(4) help to develop training programs in the field of aging at schools of public health, education, social work, and psychology, and other appropriate schools within colleges and universities;

(5) serve as a repository of information and knowledge on aging;

(6) provide consultation and information to public and voluntary organizations, including State agencies and area agencies on aging, which serve the needs of older individuals in planning and developing services provided under other provisions of this chapter; and

(7) if appropriate, provide information relating to assistive technology.

(b) Centers supported under this section shall provide data to the Assistant Secretary on the projects and activities for which funds are provided under this subchapter. Such data shall include the number of personnel trained, the number of older individuals served, the number of schools assisted, and other information that will facilitate achieving the objectives of this chapter.

(Pub. L. 89–73, title IV, §412, as added Pub. L. 97–115, §11(a), Dec. 29, 1981, 95 Stat. 1601; amended Pub. L. 98–459, title IV, §404, Oct. 9, 1984, 98 Stat. 1782; Pub. L. 100–175, title I, §§105(e)(2), 134(c)(4), 146(c), 156(b), Nov. 29, 1987, 101 Stat. 930, 941, 950, 954; Pub. L. 102–375, title I, §102(b)(10)(I), title IV, §405, title IX, §904(a)(17), Sept. 30, 1992, 106 Stat. 1202, 1245, 1308; Pub. L. 103–171, §3(a)(13), Dec. 2, 1993, 107 Stat. 1990.)

Prior Provisions

A prior section 3032, Pub. L. 89–73, title IV, §402, as added Pub. L. 93–29, title IV, §401, May 3, 1973, 87 Stat. 45; amended Pub. L. 95–478, title I, §104(a)(2), Oct. 18, 1978, 92 Stat. 1537, related to appraisal and assessment of personnel needs of field of aging, prior to the general amendment of this subchapter by Pub. L. 97–115.

Another prior section 3032, Pub. L. 89–73, title IV, §402, July 14, 1965, 79 Stat. 224, related to payments of grants, providing in: subsec. (a) for contribution by recipients; subsec. (b) adjustments, advances or reimbursement, installments and conditions; and subsec. (c) consultation of Secretary with State agency prior to making grants or contracts, prior to repeal by Pub. L. 93–29, title IV, §401, May 3, 1973, 87 Stat. 45.

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

Provisions similar to those comprising section 3032 were contained in former section 3036 of this title prior to the general amendment of this subchapter by Pub. L. 97–115.

A prior section 3033, Pub. L. 89–73, title IV, §403, as added Pub. L. 93–29, title IV, §401, May 3, 1973, 87 Stat. 46; amended Pub. L. 94–135, title I, §109, Nov. 28, 1975, 89 Stat. 717; Pub. L. 95–478, title I, §104(a)(3), Oct. 18, 1978, 92 Stat. 1537, related to task of attracting qualified persons to field of aging, prior to the general amendment of this subchapter by Pub. L. 97–115.

Amendments

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

1992—Subsec. (a). Pub. L. 102–375, §405(1), inserted "counseling services," after "maintenance,".

Subsec. (a)(4). Pub. L. 102–375, §405(2), inserted "social work, and psychology," after "education,".

Subsec. (a)(6). Pub. L. 102–375, §102(b)(10)(I), substituted "State agencies and area agencies on aging" for "State and area agencies".

Subsec. (b). Pub. L. 102–375, §904(a)(17), substituted "objectives" for "purposes".

1987—Subsec. (a). Pub. L. 100–175, §§105(e), 134(c)(4), 156(b), substituted "health (including mental health), disabilities (including severe disabilities), income maintenance, supportive services, and minority populations" for "health, income maintenance and supportive services".

Subsec. (a)(7). Pub. L. 100–175, §146(c), added par. (7).

1984—Pub. L. 98–459 designated existing provisions as subsec. (a), inserted provisions relating to emphasis on nutrition, employment, health, income maintenance and supportive services and provisions requiring the centers to conduct research and policy analysis and function as a technical resource for the Commissioner, policymakers, service providers, and the Congress, and added pars. (1) to (6) and subsec. (b).

Effective Date of 1987 Amendment

Amendment by Pub. L. 100–175 effective Oct. 1, 1987, except not applicable with respect to any area plan submitted under section 3026(a) of this title or any State plan submitted under section 3027(a) of this title and approved for any fiscal year beginning before Nov. 29, 1987, see section 701(a), (b) of Pub. L. 100–175, set out as a note under section 3001 of this title.

Effective Date of 1984 Amendment

Amendment by Pub. L. 98–459 effective Oct. 9, 1984, see section 803(a) of Pub. L. 98–459, set out as a note under section 3001 of this title.

Part B—Research, Demonstrations, and Other Activities

Part Referred to in Other Sections

This part is referred to in section 3012 of this title.

§3034. Purpose

The purpose of this part is to improve the quality and efficiency of programs serving older individuals through research and development projects, and demonstration projects, designed to—

(1) develop and synthesize knowledge about aging from multidisciplinary perspectives;

(2) establish an information base of data and practical experience;

(3) examine effective models of planning and practice that will improve or enhance services provided under other provisions of this chapter;

(4) evaluate the efficacy, quality, efficiency, and accessibility of programs and services for older individuals; and

(5) develop, implement, and evaluate innovative planning and practice strategies to address the needs, concerns, and capabilities of older individuals.

(Pub. L. 89–73, title IV, §420, as added Pub. L. 98–459, title IV, §405, Oct. 9, 1984, 98 Stat. 1783.)

Prior Provisions

A prior section 3034, Pub. L. 89–73, title IV, §404, as added Pub. L. 93–29, title IV, §401, May 3, 1973, 87 Stat. 46; amended Pub. L. 94–135, title I, §110, Nov. 28, 1975, 89 Stat. 718; Pub. L. 95–478, title I, §104(a)(4), title V, §503(c), Oct. 18, 1978, 92 Stat. 1538, 1559, provided for grants for training programs for personnel in field of aging, prior to the general amendment of this subchapter by Pub. L. 97–115.

Effective Date

Section effective Oct. 9, 1984, see section 803(a) of Pub. L. 98–459, set out as an Effective Date of 1984 Amendment note under section 3001 of this title.

§3035. Research and development projects

(a) Authority to make grants or enter into contracts

The Assistant Secretary may make grants to any public or nonprofit private agency, organization, or institution, and may enter into contracts with any agency, organization, institution, or individual to support research and development related to the objectives of this chapter, evaluation of the results of such research and development activities, and collection and dissemination of information concerning research findings, demonstration results, and other materials developed in connection with activities assisted under this subchapter, and conducting of conferences and other meetings for purposes of exchange of information and other activities related to the purpose of this subchapter. Appropriate provisions for the dissemination of resulting information shall be a requirement for all grants made under this section.

(b) Policy or practical application statement

Each research and development activity proposal for which funds are requested under subsection (a) of this section shall include a concise policy or practical application statement.

(c) Selection criteria

(1) The Assistant Secretary shall select, to the extent practicable, for assistance under subsection (a) of this section research activities which will, not later than three years after October 9, 1984, collectively—

(A) contribute to the establishment and maintenance of a demographic data base which contains information on the population of older individuals generally and older individuals categorized by age, sex, race, geographical location, and such other factors as the Assistant Secretary deems useful for the purpose of formulating public policy;

(B) identify the future needs of older individuals;

(C) identify the kinds and comprehensiveness of programs required to satisfy such needs; and

(D) identify the kinds and number of personnel required to carry out such programs.

(2) The Assistant Secretary shall select, to the extent practicable, for assistance under subsection (a) of this section demonstration projects which test research results and implement innovative ways of satisfying the needs of, and delivering services to, older individuals.

(Pub. L. 89–73, title IV, §421, as added Pub. L. 97–115, §11(a), Dec. 29, 1981, 95 Stat. 1601; amended Pub. L. 98–459, title IV, §406, Oct. 9, 1984, 98 Stat. 1783; Pub. L. 102–375, title IX, §904(a)(18), Sept. 30, 1992, 106 Stat. 1308; Pub. L. 103–171, §§2(16), 3(a)(13), Dec. 2, 1993, 107 Stat. 1989, 1990.)

Prior Provisions

A prior section 3035, Pub. L. 89–73, title IV, §411, as added Pub. L. 93–29, title IV, §401, May 3, 1973, 87 Stat. 47; amended Pub. L. 95–478, title I, §104(b)(1), (2), title V, §503(c)(3), Oct. 18, 1978, 92 Stat. 1538, 1559, related to grants and contracts for research and development projects, prior to the general amendment of this subchapter by Pub. L. 97–115.

A prior section 421 of Pub. L. 89–73, as added by Pub. L. 95–478, title I, §104(c)(1)(C), Oct. 18, 1978, 92 Stat. 1539, related to demonstration projects and was classified to section 3035b of this title, prior to the general amendment of this subchapter by Pub. L. 97–115.

Provisions similar to those comprising this section were contained in Pub. L. 89–73, title IV §401, July 14, 1965, 79 Stat. 224; Pub. L. 90–42, §5(b), July 1, 1967, 81 Stat. 107; Pub. L. 91–69, §7, Sept. 17, 1969, 83 Stat. 111, which was classified to section 3031 of this title, prior to repeal by Pub. L. 93–29, title IV, §401, May 3, 1973, 87 Stat. 45.

Amendments

1993—Subsec. (a). Pub. L. 103–171, §§2(16), 3(a)(13), substituted "Assistant Secretary" for "Commissioner" and "purpose" for "purposes" before "of this subchapter".

Subsec. (c). Pub. L. 103–171, §3(a)(13), substituted "Assistant Secretary" for "Commissioner" wherever appearing.

1992—Subsec. (a). Pub. L. 102–375, which directed the substitution of "objectives" for "purposes", was executed by making the substitution for the first reference to "purposes".

1984—Pub. L. 98–459 designated existing provisions as subsec. (a), inserted requirement that all grants made under this section include appropriate provisions for dissemination of resulting information, and added subsecs. (b) and (c).

Effective Date of 1984 Amendment

Amendment by Pub. L. 98–459 effective Oct. 9, 1984, see section 803(a) of Pub. L. 98–459, set out as a note under section 3001 of this title.

§3035a. Demonstration projects

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

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

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

(b) Projects which are to be given special consideration

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

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

(A) home health care for such victims;

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

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

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

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

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

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

(D) the provision of—

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

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

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

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

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

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

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

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

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

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

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

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

(A) tutorial services in elementary and special schools;

(B) after school programs for latchkey children; and

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

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

(A) respite services; and

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

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

(A) projects that—

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Codification

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

Prior Provisions

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

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

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

Amendments

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

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

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

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

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

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

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

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

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

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

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

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

for "include—

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Effective Date of 1993 Amendment

Amendment by Pub. L. 103–82 effective Apr. 4, 1994, see section 406(b) of Pub. L. 103–82, set out as a note under section 8332 of Title 5, Government Organization and Employees.

Effective Date of 1987 Amendment

Amendment by Pub. L. 100–175 effective Oct. 1, 1987, except not applicable with respect to any area plan submitted under section 3026(a) of this title or any State plan submitted under section 3027(a) of this title and approved for any fiscal year beginning before Nov. 29, 1987, see section 701(a), (b) of Pub. L. 100–175, set out as a note under section 3001 of this title.

Effective Date of 1984 Amendment

Amendment by Pub. L. 98–459 effective Oct. 9, 1984, see section 803(a) of Pub. L. 98–459, set out as a note under section 3001 of this title.

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

§3035b. Special projects in comprehensive long-term care

(a) Definitions

As used in this section:

(1) Project

The term "Project" means a Project to Improve the Delivery of Long-Term Care Services.

(2) Resource Center

The term "Resource Center" means a Resource Center for Long-Term Care.

(b) Resource Centers

(1) Grants and contracts

The Assistant Secretary shall award grants to, or enter into contracts with, eligible entities to support the establishment or operation of not fewer than four and not more than seven Resource Centers in accordance with paragraph (2).

(2) Requirements

(A) Functions

Each Resource Center that receives funds under this subsection shall, with respect to subjects within an area of specialty of the Resource Center—

(i) perform research;

(ii) provide for the dissemination of results of the research; and

(iii) provide technical assistance and training to State agencies and area agencies on aging.

(B) Area of speciality

For purposes of subparagraph (A) the term "area of speciality" means—

(i) Alzheimer's disease and related dementias, and other cognitive impairments;

(ii) client assessment and case management;

(iii) data collection and analysis;

(iv) home modification and supportive services to enable older individuals to remain in their homes;

(v) consolidation and coordination of services;

(vi) linkages between acute care, rehabilitative services, and long-term care, facilities and providers;

(vii) decisionmaking and bioethics;

(viii) supply, training, and quality of long-term care personnel, including those who provide rehabilitative services;

(ix) rural issues, including barriers to access to services;

(x) chronic mental illness;

(xi) populations with greatest social need and populations with greatest economic need, with particular attention to low-income minorities; and

(xii) an area of importance as determined by the Assistant Secretary.

(c) Projects

The Assistant Secretary shall award grants to, or enter into contracts with, eligible entities to support the entities in establishing and carrying out not fewer than 10 Projects.

(d) Use of funds

(1) In general

Except as provided in paragraph (2), an eligible entity may use funds received under a grant or contract—

(A) described in subsection (b)(1) of this section to pay for part or all of the cost (including startup cost) of establishing and operating a new Resource Center, or of operating a Resource Center in existence on the day before September 30, 1992; or

(B) described in subsection (c) of this section to pay for part or all of the cost (including startup cost) of establishing and carrying out a Project.

(2) Reimbursable direct services

None of the funds may be used to pay for direct services that are eligible for reimbursement under title XVIII, XIX, or XX of the Social Security Act (42 U.S.C. 1395 et seq., 1396 et seq., or 1397 et seq.).

(e) Preference

In awarding grants, and entering into contracts, under this section, the Assistant Secretary shall give preference to entities that demonstrate that—

(1) adequate State standards have been developed to ensure the quality of services provided under the grant or contract; and

(2) the entity has made a commitment to carry out programs under the grant or contract with each State agency responsible for the administration of title XIX or XX of the Social Security Act [42 U.S.C. 1396 et seq., 1397 et seq.].

(f) Application

(1) In general

To be eligible to receive funds under a grant or contract described in subsection (b)(1) or (c) of this section, an entity shall submit an application to the Assistant Secretary at such time, in such manner, and containing such information as the Assistant Secretary may require.

(2) Project application

An entity seeking a grant or contract under subsection (c) of this section shall submit an application to the Assistant Secretary containing, at a minimum—

(A) information identifying and describing gaps, weaknesses, or other problems in the delivery of long-term care services in the State or geographic area to be served by the entity, including—

(i) duplication of functions in the delivery of such services, including duplication at the State and local level;

(ii) fragmentation of systems, especially in coordinating services to populations of older individuals and other populations;

(iii) barriers to access for populations with greatest social need and populations with greatest economic need, including minorities and residents of rural areas;

(iv) lack of financing for such services;

(v) lack of availability of adequately trained personnel to provide such services; and

(vi) lack of a range of chronic care services (including rehabilitative strategies) that promote restoration, maintenance, or improvement of function in older individuals;

(B) a plan to address the gaps, weaknesses, and problems described in clauses (i) through (v); and

(C) information describing the extent to which the entity will coordinate with area agencies on aging and service providers in carrying out the proposed Project.

(g) Eligible entities

(1) Resource Centers

Entities eligible to receive grants, or enter into contracts, under subsection (b)(1) of this section shall be—

(A) institutions of higher education; and

(B) other public agencies and nonprofit private organizations.

(2) Projects

Entities eligible to receive grants, or enter into contracts, under subsection (c) of this section include—

(A) State agencies; and

(B) in consultation with State agencies—

(i) area agencies on aging;

(ii) institutions of higher education; and

(iii) other public agencies and nonprofit private organizations.

(h) Report

The Assistant Secretary shall include in the annual report to the Congress required by section 3018 of this title, a report on the grants awarded, and contracts entered into, under this section, including—

(1) an analysis of the relative effectiveness, and recommendations for any changes, of the projects of Resource Centers funded under subsection (b)(1) of this section in the fiscal year for which the Assistant Secretary is preparing the annual report; and

(2) an evaluation of the needs identified, the agencies utilized, and the effectiveness of the approaches used by projects funded under subsection (c) of this section.

(i) Availability of funds

The Assistant Secretary shall make available for carrying out subsection (b) of this section for each fiscal year not less than the amount made available in fiscal year 1991 for making grants and entering into contracts to establish and operate Resource Centers under this section as in effect on the day before September 30, 1992.

(Pub. L. 89–73, title IV, §423, as added Pub. L. 97–115, §11(a), Dec. 29, 1981, 95 Stat. 1603; amended Pub. L. 98–459, title IV, §408, Oct. 9, 1984, 98 Stat. 1784; Pub. L. 100–175, title I, §§105(f), 134(c)(5), 154, 156(d), Nov. 29, 1987, 101 Stat. 930, 941, 951, 955; Pub. L. 102–375, title IV, §407(a), Sept. 30, 1992, 106 Stat. 1246; Pub. L. 103–171, §3(a)(13), Dec. 2, 1993, 107 Stat. 1990.)

References in Text

The Social Security Act, referred to in subsecs. (d)(2) and (e)(2), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Titles XVIII, XIX, and XX of the Act are classified generally to subchapters XVIII (§1395 et seq.), XIX (§1396 et seq.), and XX (§1397 et seq.) of chapter 7 of this title, respectively. For complete classification of this Act to the Code, see section 1305 of this title and Tables.

Prior Provisions

A prior section 3035b, Pub. L. 89–73, title IV, §421, as added Pub. L. 95–478, title I, §104(c)(1)(C), Oct. 18, 1978, 92 Stat. 1539, authorized demonstration projects showing methods of improving or expanding social services or nutrition services or otherwise promoting the well-being of older individuals, prior to the general amendment of this subchapter by Pub. L. 97–115.

A prior section 423 of Pub. L. 89–73, as added by Pub. L. 95–478, title I, §104(c)(1)(C), Oct. 18, 1978, 92 Stat. 1542, related to special demonstration projects on legal services for older Americans and was classified to section 3035d of this title, prior to the general amendment of this subchapter by Pub. L. 97–115.

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

Amendments

1993—Subsecs. (b), (c), (e), (f), (h), (i). Pub. L. 103–171 substituted "Assistant Secretary" for "Commissioner" wherever appearing.

1992—Pub. L. 102–375 amended section generally. Prior to amendment, subsec. (a) related to authority to make grants or enter into contracts, subsec. (b) related to preference given to certain applicants, subsec. (c) related to coordination and avoidance of duplication, and subsec. (d) related to equitable distribution between urban and rural areas.

1987—Subsec. (a)(1). Pub. L. 100–175, §154, substituted "shall" for "may" after "Commissioner".

Subsec. (a)(3). Pub. L. 100–175, §§105(f), 156(d), inserted "mental health services" and "services to older individuals with severe disabilities residing in nursing homes;".

Subsec. (a)(4). Pub. L. 100–175, §134(c)(5), added par. (4).

1984—Subsec. (b)(3). Pub. L. 98–459 designated existing provisions as subpar. (A) and added subpar. (B).

Effective Date of 1987 Amendment

Amendment by Pub. L. 100–175 effective Oct. 1, 1987, except not applicable with respect to any area plan submitted under section 3026(a) of this title or any State plan submitted under section 3027(a) of this title and approved for any fiscal year beginning before Nov. 29, 1987, see section 701(a), (b) of Pub. L. 100–175, set out as a note under section 3001 of this title.

Effective Date of 1984 Amendment

Amendment by Pub. L. 98–459 effective Oct. 9, 1984, see section 803(a) of Pub. L. 98–459, set out as a note under section 3001 of this title.

§3035c. Special demonstration and support projects for legal assistance for older individuals

(a) Authority to make grants or enter into contracts

The Assistant Secretary shall make grants and enter into contracts, in order to—

(1) provide a national legal assistance support system (operated by one or more grantees or contractors) of activities to State and area agencies on aging for providing, developing, or supporting legal assistance for older individuals, including—

(A) case consultations;

(B) training;

(C) provision of substantive legal advice and assistance; and

(D) assistance in the design, implementation, and administration of legal assistance delivery systems to local providers of legal assistance for older individuals; and

(2) support demonstration projects to expand or improve the delivery of legal assistance to older individuals with social or economic needs.

(b) Requisite assurances

Any grants or contracts made under subsection (a)(2) of this section shall contain assurances that the requirements of section 3027(a)(15) of this title are met.

(c) Grants or contracts with national nonprofit legal assistance organizations

To carry out subsection (a)(1) of this section, the Assistant Secretary shall make grants to or enter into contracts with national nonprofit legal assistance organizations experienced in providing support, on a nationwide basis, to local legal assistance providers.

(Pub. L. 89–73, title IV, §424, as added Pub. L. 97–115, §11(a), Dec. 29, 1981, 95 Stat. 1604; amended Pub. L. 98–459, title IV, §409, Oct. 9, 1984, 98 Stat. 1784; Pub. L. 103–171, §3(a)(13), Dec. 2, 1993, 107 Stat. 1990.)

Prior Provisions

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

A prior section 424 of Pub. L. 89–73, as added by Pub. L. 95–478, title I, §104(c)(1)(C), Oct. 18, 1978, 92 Stat. 1543, related to national impact demonstrations and was classified to section 3035e of this title, prior to the general amendment of this subchapter by Pub. L. 97–115.

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

Amendments

1993—Subsecs. (a), (c). Pub. L. 103–171 substituted "Assistant Secretary" for "Commissioner".

1984—Pub. L. 98–459 amended section generally. Prior to amendment, section read as follows:

"(a) The Commissioner shall make grants to, and enter into contracts with, public and private nonprofit agencies or organizations in order to—

"(1) provide support activities to State and area agencies on aging providing, developing, or supporting legal services to older individuals; and

"(2) support demonstration projects to expand or improve the delivery of legal services to older individuals with social or economic need.

"(b) Any grants or contracts entered into under subsection (a)(2) of this section shall contain assurances that the requirements of section 3027(a)(15) of this title are met."

Effective Date of 1984 Amendment

Amendment by Pub. L. 98–459 effective Oct. 9, 1984, see section 803(a) of Pub. L. 98–459, set out as a note under section 3001 of this title.

§3035d. National impact activities

(a) Authority to make grants or enter into contracts

(1) The Assistant Secretary may carry out directly or through grants or contracts—

(A) innovation and development projects and activities of national significance which show promise of having substantial impact on the expansion or improvement of supportive services, nutrition services, or multipurpose senior centers, or otherwise promoting the well-being of older individuals; and

(B) dissemination of information activities related to such programs.

(2) The Assistant Secretary shall carry out, directly or through grants or contracts, special training programs and technical assistance designed to improve services to minorities.

(b) Use of appropriated funds

An amount not to exceed 15 percent of any sums appropriated under section 3037 of this title may be used for carrying out this section.

(Pub. L. 89–73, title IV, §425, as added Pub. L. 97–115, §11(a), Dec. 29, 1981, 95 Stat. 1605; amended Pub. L. 98–459, title IV, §410(a), Oct. 9, 1984, 98 Stat. 1785; Pub. L. 100–175, title I, §134(c)(6), Nov. 29, 1987, 101 Stat. 941; Pub. L. 103–171, §3(a)(13), Dec. 2, 1993, 107 Stat. 1990.)

Prior Provisions

A prior section 3035d, Pub. L. 89–73, title IV, §423, as added Pub. L. 95–478, title I, §104(c)(1)(C), Oct. 18, 1978, 92 Stat. 1542, related to special demonstration projects on legal services for older Americans, prior to the general amendment of this subchapter by Pub. L. 97–115. See section 3035c of this title.

A prior section 425 of Pub. L. 89–73, as added by Pub. L. 95–478, title I, §104(c)(1)(C), Oct. 18, 1978, 92 Stat. 1543, related to utility and home heating cost demonstration projects and was classified to section 3035f of this title, prior to the general amendment of this subchapter by Pub. L. 97–115.

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

Amendments

1993—Subsec. (a). Pub. L. 103–171 substituted "Assistant Secretary" for "Commissioner" in pars. (1) and (2).

1987—Subsec. (a). Pub. L. 100–175, designated existing provisions as par. (1), substituted subpar. (A) and (B) designations for former par. (1) and (2) designations, and added par. (2).

1984—Subsec. (a). Pub. L. 98–459 added subsec. (a) designation.

Effective Date of 1987 Amendment

Amendment by Pub. L. 100–175 effective Oct. 1, 1987, except not applicable with respect to any area plan submitted under section 3026(a) of this title or any State plan submitted under section 3027(a) of this title and approved for any fiscal year beginning before Nov. 29, 1987, see section 701(a), (b) of Pub. L. 100–175, set out as a note under section 3001 of this title.

Effective Date of 1984 Amendment

Amendment by Pub. L. 98–459 effective Oct. 9, 1984, see section 803(a) of Pub. L. 98–459, set out as a note under section 3001 of this title.

§3035e. Utility and home heating cost demonstration projects

The Secretary may, after consultation with the appropriate State agency, make grants to pay for part or all of the costs of developing model projects which show promise of relieving older individuals of the excessive burdens of high utility service and home heating costs. Any such project shall give special consideration to projects under which a business concern is engaged in providing home heating oil or utility services to low-income older individuals at a cost which is substantially lower than providing home heating oil or utility services to other individuals.

(Pub. L. 89–73, title IV, §426, as added Pub. L. 97–115, §11(a), Dec. 29, 1981, 95 Stat. 1605; amended Pub. L. 98–459, title IV, §410(b), Oct. 9, 1984, 98 Stat. 1785; Pub. L. 102–375, title I, §102(b)(9)(D), Sept. 30, 1992, 106 Stat. 1202.)

Prior Provisions

A prior section 3035e, Pub. L. 89–73, title IV, §424, as added Pub. L. 95–478, title I, §104(c)(1)(C), Oct. 18, 1978, 92 Stat. 1543, provided for national impact demonstrations, prior to the general amendment of this subchapter by Pub. L. 97–115. See section 3035d of this title.

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

Amendments

1992—Pub. L. 102–375 struck out "designated under section 3025(a)(1) of this title" after "State agency".

1984—Pub. L. 98–459, substituted "a business concern is engaged" for "a business concern engaged".

Effective Date of 1984 Amendment

Amendment by Pub. L. 98–459 effective Oct. 9, 1984, see section 803(a) of Pub. L. 98–459, set out as a note under section 3001 of this title.

§3035f. Ombudsman, legal assistance, and advocacy demonstration projects

(a) The Assistant Secretary is authorized to make grants to not less than three nor more than ten States to demonstrate and evaluate cooperative projects between the State long-term care ombudsman program, legal assistance agencies, and the State protection and advocacy systems for developmental disabilities and mental illness, established under part A of the Developmental Disabilities Assistance and Bill of Rights Act [42 U.S.C. 6000 et seq.] and under the Protection and Advocacy for Mentally Ill Individuals Act of 1986 (Public Law 99–319) [42 U.S.C. 10801 et seq.].

(b) The Assistant Secretary shall prepare and submit to the Congress a report of the study and evaluation required by subsection (a) of this section. Such report shall contain such recommendations as the Assistant Secretary deems appropriate.

(Pub. L. 89–73, title IV, §427, as added Pub. L. 100–175, title I, §156(e)(1), Nov. 29, 1987, 101 Stat. 955; amended Pub. L. 102–375, title IV, §408, Sept. 30, 1992, 106 Stat. 1249; Pub. L. 103–171, §3(a)(7), Dec. 2, 1993, 107 Stat. 1990.)

References in Text

The Developmental Disabilities Assistance and Bill of Rights Act, referred to in subsec. (a), is title I of Pub. L. 88–164, as added by Pub. L. 98–527, §2, Oct. 19, 1984, 98 Stat. 2662, and amended. Part A of the Developmental Disabilities Assistance and Bill of Rights Act is classified generally to subchapter I (§6000 et seq.) of chapter 75 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 6000 of this title and Tables.

The Protection and Advocacy for Mentally Ill Individuals Act of 1986, referred to in subsec. (a), is Pub. L. 99–319, May 23, 1986, 100 Stat. 478, as amended, which is classified generally to chapter 114 (§10801 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 10801 of this title and Tables.

Prior Provisions

A prior section 3035f, Pub. L. 89–73, title IV, §425, as added Pub. L. 95–478, title I, §104(c)(1)(C), Oct. 18, 1978, 92 Stat. 1543, provided for utility and home heating cost demonstration projects, prior to the general amendment of this subchapter by Pub. L. 97–115, §11(a), Dec. 29, 1981, 95 Stat. 1601. See section 3035e of this title.

Amendments

1993—Subsec. (a). Pub. L. 103–171, §3(a)(7)(A), substituted "Assistant Secretary" for "Commissioner".

Subsec. (b). Pub. L. 103–171, §3(a)(7)(B), substituted "Assistant Secretary" for "Commissioner on Aging" in two places.

1992—Subsec. (a). Pub. L. 102–375 inserted ", legal assistance agencies," after "ombudsman program".

Effective Date

Section effective Oct. 1, 1987, except not applicable with respect to any area plan submitted under section 3026(a) of this title or any State plan submitted under section 3027(a) of this title and approved for any fiscal year beginning before Nov. 29, 1987, see section 701(a), (b) of Pub. L. 100–175, set out as an Effective Date of 1987 Amendment note under section 3001 of this title.

§3035g. Consumer protection demonstration projects for services provided in home

(a) Grants; uses

(1) The Assistant Secretary is authorized to make grants to not fewer than 6 nor more than 10 States to demonstrate and evaluate the effectiveness of consumer protection projects for services (other than medical services) provided to older individuals in the home that are furnished or assisted with public funds.

(2) Grants made under this section shall be used to test different approaches to protecting older individuals with regard to services in the home. Such projects may provide consumer protection through State and local ombudsmen, legal assistance agencies, and other community service agencies.

(b) Application; contents

No grant may be made under this section unless an application is made to the Assistant Secretary at such time, in such manner, and containing such information as the Assistant Secretary may reasonably require. Each such application shall—

(1) describe activities for which assistance is sought;

(2) provide for an evaluation of the activities for which assistance is sought; and

(3) provide assurances that the applicant will prepare and submit a report to the Assistant Secretary on the activities conducted with assistance under this section and the evaluation of such activities.

(c) Geographic distribution of assistance

In approving applications under this section, the Assistant Secretary shall assure equitable geographic distribution of assistance.

(d) Report on evaluations; contents; recommendations

The Assistant Secretary shall, as part of the annual report submitted under section 3018 of this title, prepare and submit a report on the evaluations submitted under this section, together with such recommendations as the Assistant Secretary deems appropriate. In carrying out this section, the Assistant Secretary shall include in the report—

(1) a description of the demonstration projects assisted under this section;

(2) an evaluation of the effectiveness of each such project; and

(3) recommendations of the Assistant Secretary with respect to the desirability and feasibility of carrying out on a nationwide basis a consumer protection program for services in the home.

(e) Nature of projects; prohibition

Consumer protection projects carried out under this section—

(1) may include, but are not limited to, consumer education, the use of consumer hotlines, receipt and resolution of consumer complaints, and advocacy; and

(2) may not address medical services.

(Pub. L. 89–73, title IV, §428, as added Pub. L. 100–175, title I, §157(a), Nov. 29, 1987, 101 Stat. 955; amended Pub. L. 103–171, §3(a)(13), Dec. 2, 1993, 107 Stat. 1990.)

Prior Provisions

A prior section 3035g, Pub. L. 89–73, title IV, §431, as added Pub. L. 95–478, title I, §104(c)(1)(C), Oct. 18, 1978, 92 Stat. 1543, related to mortgage insurance grants for multipurpose senior centers, prior to the general amendment of this subchapter by Pub. L. 97–115, §11(a), Dec. 29, 1981, 95 Stat. 1601.

Amendments

1993—Subsecs. (a) to (d). Pub. L. 103–171 substituted "Assistant Secretary" for "Commissioner" wherever appearing.

Effective Date

Section effective Oct. 1, 1987, except not applicable with respect to any area plan submitted under section 3026(a) of this title or any State plan submitted under section 3027(a) of this title and approved for any fiscal year beginning before Nov. 29, 1987, see section 701(a), (b) of Pub. L. 100–175, set out as an Effective Date of 1987 Amendment note under section 3001 of this title.

§3035h. Demonstration projects for multigenerational activities

(a) Grants and contracts

The Assistant Secretary may award grants and enter into contracts with eligible organizations to establish demonstration projects that provide older individuals with multigenerational activities.

(b) Use of funds

An eligible organization shall use funds made available under a grant awarded, or a contract entered into, under subsection (a) of this section—

(1) to carry out a demonstration project that provides multigenerational activities, including any professional training appropriate to such activities for older individuals; and

(2) to evaluate the project in accordance with subsection (f) of this section.

(c) Awards

In awarding grants and entering into contracts under subsection (a) of this section, the Assistant Secretary shall give preference to—

(1) eligible organizations with a demonstrated record of carrying out multigenerational activities; and

(2) eligible organizations proposing projects that will serve older individuals with greatest economic need (with particular attention to low-income minority individuals).

(d) Application

To be eligible to receive a grant or enter into a contract under subsection (a) of this section, an organization shall submit an application to the Assistant Secretary at such time, in such manner, and accompanied by such information as the Assistant Secretary may reasonably require.

(e) Eligible organizations

Organizations eligible to receive a grant or enter into a contract under subsection (a) of this section shall be organizations that employ, or provide opportunities for, older individuals in multigenerational activities.

(f) Local evaluation and report

(1) Evaluation

Each organization receiving a grant or a contract under subsection (a) of this section to carry out a demonstration project shall evaluate the activities assisted under the project to determine the effectiveness of multigenerational activities, the impact of such activities on child care and youth day care programs, and the impact on older individuals involved in such project.

(2) Report

The organization shall submit a report to the Assistant Secretary containing the evaluation not later than 6 months after the expiration of the period for which the grant or contract is in effect.

(g) Report to Congress

Not later than 6 months after the Assistant Secretary receives the reports described in subsection (f)(2) of this section, the Assistant Secretary shall prepare and submit to the Speaker of the House of Representatives and the President pro tempore of the Senate a report that assesses the evaluations and includes, at a minimum—

(1) the names or descriptive titles of the demonstration projects funded under subsection (a) of this section;

(2) a description of the nature and operation of the projects;

(3) the name and address of the individual or governmental entity that conducted the projects;

(4) a description of the methods and success of the projects in recruiting older individuals as employees and volunteers to participate in the project;

(5) a description of the success of the projects retaining older individuals involved in the projects as employees and as volunteers; and

(6) the rate of turnover of older individual employees and volunteers in the projects.

(h) "Multigenerational activity" defined

As used in this section, the term "multigenerational activity" includes an opportunity to serve as a mentor or adviser in a child care program, a youth day care program, an educational assistance program, an at-risk youth intervention program, a juvenile delinquency treatment program, or a family support program.

(Pub. L. 89–73, title IV, §429, as added Pub. L. 102–375, title IV, §409, Sept. 30, 1992, 106 Stat. 1249; amended Pub. L. 103–171, §3(a)(13), Dec. 2, 1993, 107 Stat. 1990.)

Prior Provisions

A prior section 3035h, Pub. L. 89–73, title IV, §432, as added Pub. L. 95–478, title I, §104(c)(1)(C), Oct. 18, 1978, 92 Stat. 1545, related to mortgage interest grants for multipurpose senior centers, prior to the general amendment of this subchapter by Pub. L. 97–115, §11(a), Dec. 29, 1981, 95 Stat. 1601.

Amendments

1993—Subsecs. (a), (c), (d), (f)(2), (g). Pub. L. 103–171 substituted "Assistant Secretary" for "Commissioner" wherever appearing.

§3035i. Supportive services in federally assisted housing demonstration program

(a) Grants

The Assistant Secretary shall award grants to eligible agencies to establish demonstration programs to provide services described in subsection (b) of this section to older individuals who are residents in federally assisted housing (referred to in this section as "residents").

(b) Use of grants

An eligible agency shall use a grant awarded under subsection (a) of this section to conduct outreach and to provide to residents services including—

(1) meal services;

(2) transportation;

(3) personal care, dressing, bathing, and toileting;

(4) housekeeping and chore assistance;

(5) nonmedical counseling;

(6) case management;

(7) other services to prevent premature and unnecessary institutionalization; and

(8) other services provided under this chapter.

(c) Award of grants

The Assistant Secretary shall award grants under subsection (a) of this section to agencies in a variety of geographic settings, including urban and rural settings.

(d) Application

To be eligible to receive a grant under subsection (a) of this section, an agency shall submit an application to the Assistant Secretary at such time, in such manner, and containing such information as the Assistant Secretary may require, including, at a minimum—

(1) information demonstrating a lack of, and need for, services described in subsection (b) of this section in federally assisted housing projects in the geographic area proposed to be served by the applicant;

(2) a comprehensive plan to coordinate with housing facility management to provide services to frail older individuals who are in danger of premature or unnecessary institutionalization;

(3) information demonstrating initiative on the part of the agency to address the supportive service needs of residents;

(4) information demonstrating financial, in-kind, or other support available to the applicant from State or local governments, or from private resources;

(5) an assurance that the agency will participate in the development of the comprehensive housing affordability strategy under section 12705 of this title and seek funding for supportive services under the Department of Housing and Urban Development or the Farmers Home Administration;

(6) an assurance that the agency will target services to low-income minority older individuals and conduct outreach;

(7) an assurance that the agency will comply with the guidelines described in subsection (f) of this section; and

(8) a plan to evaluate the eligibility of older individuals for services under the federally assisted housing demonstration program, which plan shall include a professional assessment committee to identify such individuals.

(e) Eligible agencies

Agencies eligible to receive grants under this section shall be State agencies and area agencies on aging.

(f) Guidelines

The Assistant Secretary shall issue guidelines for use by agencies that receive grants under this section—

(1) regarding the level of frailty that older individuals shall meet to be eligible for services under a demonstration program established under this section; and

(2) for accepting voluntary contributions from residents who receive services under such a program.

(g) Evaluations and reports

(1) Agencies

Each agency that receives a grant under subsection (a) of this section to establish a demonstration program shall, not later than 3 months after the end of the period for which the grant is awarded—

(A) evaluate the effectiveness of the program; and

(B) submit a report containing the evaluation to the Assistant Secretary.

(2) Assistant Secretary

The Assistant Secretary shall, not later than 6 months after the end of the period for which the Assistant Secretary awards grants under subsection (a) of this section—

(A) evaluate the effectiveness of each demonstration program that receives a grant under subsection (a) of this section; and

(B) submit a report containing the evaluation to the Speaker of the House of Representatives and the President pro tempore of the Senate.

(Pub. L. 89–73, title IV, §429A, as added Pub. L. 102–375, title IV, §410, Sept. 30, 1992, 106 Stat. 1251; amended Pub. L. 103–171, §3(a)(11), (13), Dec. 2, 1993, 107 Stat. 1990.)

Amendments

1993—Subsecs. (a), (c), (d), (f). Pub. L. 103–171, §3(a)(13), substituted "Assistant Secretary" for "Commissioner" wherever appearing.

Subsec. (g). Pub. L. 103–171, §3(a)(11), (13), substituted "Assistant Secretary" for "Commissioner" wherever appearing in text and in heading of par. (2).

Effective Date

Section inapplicable with respect to fiscal year 1992, see section 905(b)(3) of Pub. L. 102–375, set out as an Effective Date of 1992 Amendment note under section 3001 of this title.

§3035j. Neighborhood senior care program

(a) Definitions

As used in this section:

(1) Health and social services

The term "health and social services" includes skilled nursing care, personal care, social work services, homemaker services, health and nutrition education, health screening, home health aid services, and specialized therapies.

(2) Volunteer services

The term "volunteer services" includes peer counseling, chore services, help with mail and taxes, transportation, socialization, health and social services, and other similar services.

(b) Service grants

(1) In general

The Assistant Secretary may award grants to eligible entities to establish neighborhood senior care programs, in order to encourage professionals to provide volunteer services to local residents who are older individuals and who might otherwise have to be admitted to nursing homes and to hospitals.

(2) Preference

In awarding grants under this section, the Assistant Secretary shall give preference to applicants experienced in operating community programs and programs meeting the independent living needs of older individuals.

(3) Advisory board

The Assistant Secretary shall establish an advisory board to provide guidance to grant recipients regarding the neighborhood senior care programs. Not fewer than two-thirds of the members of the advisory board shall be residents in communities served by the grant recipients.

(4) Application

To be eligible to receive a grant under this section, an entity shall submit an application to the Assistant Secretary at such time, in such manner, and containing such information as the Assistant Secretary may reasonably require. Each application shall—

(A) describe the activities in the program for which assistance is sought;

(B) describe the neighborhood in which volunteer services are to be provided under the program, and a plan for integration of volunteer services within the neighborhood;

(C)(i) provide assurances that nurses, social workers, and community volunteers providing volunteer services and an outreach coordinator involved with the project live in the neighborhood; or

(ii)(I) reasons that it is not possible to provide such assurances; and

(II) assurances that nurses, social workers, community volunteers and the outreach coordinator will be assigned repeatedly to the particular neighborhood; and

(D) provide for an evaluation of the activities for which assistance is sought.

(c) Technical resource center

The Assistant Secretary shall, to the extent appropriations are available, enter into a contract with an applicant described in subsection (b)(2) of this section to establish a technical resource center that will—

(1) assist the Assistant Secretary in developing criteria for, and in awarding grants to communities to establish, neighborhood senior care organizations that will implement neighborhood senior care programs under subsection (b) of this section;

(2) assist communities interested in establishing such a neighborhood senior care program;

(3) coordinate the neighborhood senior care programs;

(4) provide ongoing analysis of and collection of data on the neighborhood senior care programs and provide such data to the Assistant Secretary;

(5) serve as a liaison to State agencies interested in establishing neighborhood senior care programs; and

(6) take any further actions as required by regulation by the Assistant Secretary.

(Pub. L. 89–73, title IV, §429B, as added Pub. L. 102–375, title IV, §411, Sept. 30, 1992, 106 Stat. 1252; amended Pub. L. 103–171, §3(a)(13), Dec. 2, 1993, 107 Stat. 1990.)

Amendments

1993—Subsecs. (b), (c). Pub. L. 103–171 substituted "Assistant Secretary" for "Commissioner" wherever appearing.

Effective Date

Section inapplicable with respect to fiscal year 1992, see section 905(b)(3) of Pub. L. 102–375, set out as an Effective Date of 1992 Amendment note under section 3001 of this title.

§3035k. Information and assistance systems development projects

(a) Grants

The Assistant Secretary may—

(1) make grants to State agencies, and, in consultation with State agencies, to area agencies on aging to support the improvement of information and assistance services, and systems of services, operated at the State and local levels; and

(2) make grants to organizations to provide training and technical assistance to State agencies, area agencies on aging, and providers of supportive services—

(A) to support a national telephone access service to inform older individuals, families, and caregivers about State and local information and assistance services funded under this chapter; and

(B) to support the improvement of information and assistance services, and systems of services, operated at the State and local levels.

(b) Application

To be eligible to receive a grant under subsection (a) of this section an agency or organization shall submit an application to the Assistant Secretary at such time, in such manner, and containing such information as the Assistant Secretary may specify.

(c) Guidelines

The Assistant Secretary shall establish guidelines for the operation of the national telephone access service described in subsection (a)(2)(A) of this section.

(d) Evaluation and report

(1) Evaluation

The Assistant Secretary shall conduct an evaluation of the effectiveness of the national telephone service described in subsection (a)(2)(A) of this section in providing information and assistance services to older individuals, families, and caregivers about State and local information and assistance services.

(2) Report

Not later than January 1, 1995, the Assistant Secretary shall submit the evaluation described in paragraph (1) to the Speaker of the House of Representatives and the President pro tempore of the Senate.

(Pub. L. 89–73, title IV, §429C, as added Pub. L. 102–375, title IV, §412, Sept. 30, 1992, 106 Stat. 1253; amended Pub. L. 103–171, §3(a)(13), Dec. 2, 1993, 107 Stat. 1990.)

Amendments

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

§3035l. Senior transportation demonstration program grants

(a) Establishment

The Assistant Secretary shall establish and carry out senior transportation demonstration programs. In carrying out the programs, the Assistant Secretary shall award grants to not fewer than five eligible entities for the purpose of improving the mobility of older individuals and transportation services for older individuals (referred to in this section as "senior transportation services").

(b) Use of funds

Grants made under subsection (a) of this section may be used to—

(1) develop innovative approaches for improving access by older individuals to supportive services under part B of subchapter III of this chapter, nutrition services under part C of subchapter III of this chapter, health care, and other important services;

(2) develop comprehensive and integrated senior transportation services; and

(3) leverage additional resources for senior transportation services by—

(A) coordinating various transportation services; and

(B) coordinating various funding sources for transportation services, including—

(i) sources of assistance under—

(I) sections 5307, 5310(a)(2), and 5311 of title 49; and

(II) titles XIX and XX of the Social Security Act (42 U.S.C. 1396 et seq. and 1397 et seq.); and

(ii) State and local sources.

(c) Award of grants

(1) Preference

In awarding grants under subsection (a) of this section, the Assistant Secretary shall give preference to entities that—

(A) demonstrate special needs for enhancing senior transportation services and resources for the services within the geographic area served by the entities;

(B) establish plans to ensure that senior transportation services are coordinated with general public transportation services and other specialized transportation services;

(C) demonstrate the ability to utilize the broadest range of available transportation and community resources to provide senior transportation services;

(D) demonstrate the capacity and willingness to coordinate senior transportation services with services provided under subchapter III of this chapter and with general public transportation services and other specialized transportation services; and

(E) establish plans for senior transportation demonstration programs designed to serve the special needs of low-income, rural, frail, and other at-risk, transit-dependent older individuals.

(2) Rural entities

The Assistant Secretary shall award not less than 50 percent of the grants authorized under this section to entities located in, or primarily serving, rural areas.

(d) Application

An entity that seeks a grant under this section shall submit an application to the Assistant Secretary at such time, in such manner, and containing such information as the Assistant Secretary may require, including at a minimum—

(1) information describing senior transportation services for which the entity seeks assistance;

(2) a comprehensive strategy for developing a coordinated transportation system or leveraging additional funding resources, to provide senior transportation services;

(3) information describing the extent to which the applicant intends to coordinate the services of the applicant with the services of other transportation providers;

(4) a plan for evaluating the effectiveness of the proposed senior transportation demonstration program and preparing a report containing the evaluation to be submitted to the Assistant Secretary; and

(5) such other information as may be required by the Assistant Secretary.

(e) Eligible entities

Entities eligible to receive grants under this section shall be—

(1) State agencies;

(2) area agencies on aging; and

(3) other public agencies and nonprofit organizations.

(f) Report

(1) Preparation

The Assistant Secretary shall prepare, either directly or through grants or contracts, annual reports on the senior transportation demonstration programs established under this section. The reports shall contain an assessment of the effectiveness of each demonstration project and recommendations regarding legislative, administrative, and other initiatives needed to improve the access to and effectiveness of transportation services for older individuals.

(2) Submission

The Assistant Secretary shall submit the report described in paragraph (1) to the Speaker of the House of Representatives and the President pro tempore of the Senate.

(Pub. L. 89–73, title IV, §429D, as added Pub. L. 102–375, title IV, §413, Sept. 30, 1992, 106 Stat. 1254; amended Pub. L. 103–171, §3(a)(13), Dec. 2, 1993, 107 Stat. 1990.)

References in Text

The Social Security Act, referred to in subsec. (b)(3)(B)(i)(II), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Titles XIX and XX of the Act are classified generally to subchapters XIX (§1396 et seq.) and XX (§1397 et seq.) of chapter 7 of this title, respectively. For complete classification of this Act to the Code, see section 1305 of this title and Tables.

Codification

In subsec. (b)(3)(B)(i)(I), "sections 5307, 5310(a)(2), and 5311 of title 49" substituted for "sections 9, 16(b)(2), and 18 of the Urban Mass Transportation Act of 1964 (49 U.S.C. App.)" on authority of Pub. L. 103–272, §6(b), July 5, 1994, 108 Stat. 1378 (the first section of which enacted subtitles II, III, and V to X of Title 49, Transportation), and of Pub. L. 102–240, title III, §3003(b), Dec. 18, 1991, 105 Stat. 2088, which provided that references in laws to the Urban Mass Transportation Act of 1964 be deemed to be references to the Federal Transit Act.

Amendments

1993—Subsecs. (a), (c), (d), (f). Pub. L. 103–171 substituted "Assistant Secretary" for "Commissioner" wherever appearing.

Effective Date

Section inapplicable with respect to fiscal year 1992, see section 905(b)(3) of Pub. L. 102–375, set out as an Effective Date of 1992 Amendment note under section 3001 of this title.

§3035m. Resource Centers on Native American Elders

(a) Establishment

The Assistant Secretary shall make grants or enter into contracts with not fewer than two and not more than four eligible entities to establish and operate Resource Centers on Native American Elders (referred to in this section as "Resource Centers"). The Assistant Secretary shall make such grants or enter into such contracts for periods of not less than 3 years.

(b) Functions

(1) In general

Each Resource Center that receives funds under this section shall—

(A) gather information;

(B) perform research;

(C) provide for the dissemination of results of the research; and

(D) provide technical assistance and training to entities that provide services to Native Americans who are older individuals.

(2) Areas of concern

In conducting the functions described in paragraph (1), a Resource Center shall focus on priority areas of concern for the Resource Centers regarding Native Americans who are older individuals, which areas shall be—

(A) health problems;

(B) long-term care, including in-home care;

(C) elder abuse; and

(D) other problems and issues that the Assistant Secretary determines are of particular importance to Native Americans who are older individuals.

(c) Preference

In awarding grants and entering into contracts under subsection (a) of this section, the Assistant Secretary shall give preference to institutions of higher education that have conducted research on, and assessment of, the characteristics and needs of Native Americans who are older individuals.

(d) Consultation

In determining the type of information to be sought from, and activities to be performed by, Resource Centers, the Assistant Secretary shall consult with the Director of the Office for American Indian, Alaskan Native, and Native Hawaiian Aging and with national organizations with special expertise in serving Native Americans who are older individuals.

(e) Eligible entities

Entities eligible to receive a grant or enter into a contract under subsection (a) of this section shall be institutions of higher education with experience conducting research and assessment on the needs of older individuals.

(f) Report to Congress

The Assistant Secretary, with assistance from each Resource Center, shall prepare and submit to the Speaker of the House of Representatives and the President pro tempore of the Senate an annual report on the status and needs including the priority areas of concern of Native Americans who are older individuals.

(Pub. L. 89–73, title IV, §429E, as added Pub. L. 102–375, title IV, §414, Sept. 30, 1992, 106 Stat. 1256; amended Pub. L. 103–171, §3(a)(4), Dec. 2, 1993, 107 Stat. 1990.)

Amendments

1993—Subsecs. (a) to (c). Pub. L. 103–171, §3(a)(4)(B), substituted "Assistant Secretary" for "Commissioner" wherever appearing.

Subsec. (d). Pub. L. 103–171, §3(a)(4), substituted "Assistant Secretary" for "Commissioner" and "Director of the Office for" for "Associate Commissioner on".

Subsec. (f). Pub. L. 103–171, §3(a)(4)(B), substituted "Assistant Secretary" for "Commissioner".

Effective Date

Section inapplicable with respect to fiscal year 1992, see section 905(b)(3) of Pub. L. 102–375, set out as an Effective Date of 1992 Amendment note under section 3001 of this title.

Section Referred to in Other Sections

This section is referred to in section 3012 of this title.

§3035n. Demonstration programs for older individuals with developmental disabilities

(a) Definitions

As used in this section:

(1) Developmental disability

The term "developmental disability" has the meaning given the term in section 6001(5) ¹ of this title.

(2) In-home service

The term "in-home service" has the meaning given the term in section 3030i of this title.

(b) Establishment

The Assistant Secretary shall make grants to State agencies to provide services in accordance with subsection (c) of this section.

(c) Use of funds

A State agency may use a grant awarded under subsection (b) of this section to provide services for older individuals with developmental disabilities, and for older individuals with caretaker responsibilities for developmentally disabled children, including—

(1) child care and youth day care programs;

(2) programs to integrate the individuals into existing programs for older individuals;

(3) respite care;

(4) transportation to multipurpose senior centers and other facilities and services;

(5) supervision;

(6) renovation of multipurpose senior centers;

(7) provision of materials to facilitate activities for older individuals with developmental disabilities, and for older individuals with caretaker responsibilities for developmentally disabled children;

(8) training of State agency, area agency on aging, volunteer, and multipurpose senior center staff, and other service providers, who work with such individuals; and

(9) in-home services.

(d) Application

To be eligible to receive a grant under this section, a State agency shall submit an application to the Assistant Secretary at such time, in such manner, and containing such information as the Assistant Secretary may require.

(Pub. L. 89–73, title IV, §429F, as added Pub. L. 102–375, title IV, §415, Sept. 30, 1992, 106 Stat. 1257; amended Pub. L. 103–171, §3(a)(13), Dec. 2, 1993, 107 Stat. 1990.)

References in Text

Section 6001(5) of this title, referred to in subsec. (a)(1), was subsequently amended, and section 6001(5) no longer defines the term "developmental disability". However, such term is defined elsewhere in that section.

Amendments

1993—Subsecs. (b), (d). Pub. L. 103–171 substituted "Assistant Secretary" for "Commissioner" wherever appearing.

Effective Date

Section inapplicable with respect to fiscal year 1992, see section 905(b)(3) of Pub. L. 102–375, set out as an Effective Date of 1992 Amendment note under section 3001 of this title.

¹ See References in Text note below.

§3035o. Housing demonstration programs

(a) Housing ombudsman demonstration programs

(1) Grants

The Assistant Secretary shall award grants to eligible agencies to establish housing ombudsman programs.

(2) Use of grants

An eligible agency shall use a grant awarded under paragraph (1) to—

(A) provide the services described in subparagraph (B) through—

(i) professional and volunteer staff to older individuals who are—

(I) participating in federally assisted and other publicly assisted housing programs; or

(II) seeking Federal, State, and local housing programs; and

(ii)(I) the State Long-Term Care Ombudsman program under section 3027(a)(12) of this title or section 3058g of this title;

(II) a legal services or assistance organization or through an organization that provides both legal and other social services;

(III) a public or not-for-profit social services agency; or

(IV) an agency or organization concerned with housing issues but not responsible for publicly assisted housing.

(B) establish a housing ombudsman program that provides information, advice, and advocacy services including—

(i) direct assistance, or referral to services, to resolve complaints or problems;

(ii) provision of information regarding available housing programs, eligibility, requirements, and application processes;

(iii) counseling or assistance with financial, social, familial, or other related matters that may affect or be influenced by housing problems;

(iv) advocacy related to promoting—

(I) the rights of the older individuals who are residents in publicly assisted housing programs; and

(II) the quality and suitability of housing in the programs; and

(v) assistance with problems related to housing regarding—

(I) threats of eviction or eviction notices;

(II) older buildings;

(III) functional impairments as the impairments relate to housing;

(IV) unlawful discrimination;

(V) regulations of the Department of Housing and Urban Development and the Farmers Home Administration;

(VI) disability issues;

(VII) intimidation, harassment, or arbitrary management rules;

(VIII) grievance procedures;

(IX) certification and recertification related to programs of the Department of Housing and Urban Development and the Farmers Home Administration; and

(X) issues related to transfer from one project or program to another; ¹

(3) Award of grants

The Assistant Secretary shall award grants under paragraph (1) to agencies in rural, urban, and other settings.

(4) Application

To be eligible to receive a grant under paragraph (1), an agency shall submit an application to the Assistant Secretary at such time, in such manner, and containing such information as the Assistant Secretary may require, including, at a minimum—

(A) an assurance that the agency will conduct training of professional and volunteer staff who will provide services through the housing ombudsman demonstration program;

(B) in the case of an application submitted by an area agency on aging, an endorsement of the program by the State agency serving the State in which the program will be established, and an assurance by the State agency that the agency will work with the area agency in carrying out the program; and

(C) a plan to involve in the demonstration program the Secretary of the Department of Housing and Urban Development, the Administrator of the Farmers Home Administration, any individual or entity described in paragraph (2)(A) through which the agency intends to provide the services, and other agencies involved in publicly assisted housing programs.

(5) Eligible agencies

Agencies eligible to receive grants under this section shall include—

(A) State agencies;

(B) area agencies on aging; and

(C) other nonprofit entities, including providers of services under the State Long-Term Care Ombudsman program and the elder rights and legal assistance development program described in subparts II and IV, respectively, of part A of subchapter XI of this chapter.

(b) Foreclosure and eviction assistance and relief services demonstration programs

(1) Grants

The Assistant Secretary shall make grants to States to carry out demonstration programs to develop methods or implement laws—

(A) to prevent or delay the foreclosure on housing owned and occupied by older individuals or the eviction of older individuals from housing the individuals rent;

(B) to obtain alternative housing as a result of such foreclosure or eviction; and

(C) to assist older individuals to understand the rights and obligations of the individuals under laws relating to housing ownership and occupancy.

(2) Notification process

A State that receives a grant under paragraph (1) shall establish methods, including a notification process—

(A) to assist older individuals who are incapable of, or have difficulty in, understanding the circumstances and consequences of foreclosure on or eviction from housing the individuals occupy; and

(B) to coordinate the program for which such grant is received with the activities of tenant organizations, tenant-landlord mediation organizations, public housing entities, and area agencies on aging, to provide more effectively assistance or referral to services to relocate or prevent eviction of older individuals from housing the individuals occupy.

(c) Evaluations and reports

(1) Agencies

Each agency or State that receives a grant under subsection (a) or (b) of this section to establish a demonstration program shall, not later than 3 months after the end of the period for which the grant is awarded—

(A) evaluate the effectiveness of the program; and

(B) submit a report containing the evaluation to the Assistant Secretary.

(2) Assistant Secretary

The Assistant Secretary shall, not later than 6 months after the end of the period for which the Assistant Secretary awards a grant under subsection (a) or (b) of this section—

(A) evaluate the effectiveness of each demonstration program that receives the grant; and

(B) submit a report containing the evaluation to the Speaker of the House of Representatives and the President pro tempore of the Senate.

(Pub. L. 89–73, title IV, §429G, as added Pub. L. 102–375, title IV, §416, Sept. 30, 1992, 106 Stat. 1257; amended Pub. L. 103–171, §§2(17), 3(a)(11), (13), Dec. 2, 1993, 107 Stat. 1989, 1990.)

Amendments

1993—Subsec. (a). Pub. L. 103–171, §3(a)(13), substituted "Assistant Secretary" for "Commissioner" wherever appearing.

Subsec. (a)(2)(B)(v)(X). Pub. L. 103–171, §2(17), struck out "and" at end.

Subsecs. (b), (c). Pub. L. 103–171, §3(a)(11), (13), substituted "Assistant Secretary" for "Commissioner" wherever appearing in text and in heading for par. (2) of subsec. (c).

Effective Date

Section inapplicable with respect to fiscal year 1992, see section 905(b)(3) of Pub. L. 102–375, set out as an Effective Date of 1992 Amendment note under section 3001 of this title.

¹ So in original. The semicolon probably should be a period.

§3035p. Private resource enhancement projects

(a) Grants

(1) In general

The Assistant Secretary may make grants to, and enter into contracts with, State agencies and area agencies on aging, to carry out demonstration projects that generate non-Federal resources (including cash and in-kind contributions), in order to increase resources available to provide additional services under subchapter III of this chapter.

(2) Maintenance of resources

Resources generated with a grant made, or contract entered into, under subsection (a) of this section shall be in addition to, and may not be used to supplant, any resource that is or would otherwise be available under any Federal, State, or local law to a State, State agency, area agency on aging, or unit of general purpose local government (as defined in section 3022(2) of this title) to provide such services.

(3) Use of resources

Resources generated with a grant made, or a contract entered into, under subsection (a) of this section shall be used to provide supportive services in accordance with subchapter III of this chapter. The requirements under this chapter that apply to funds received under subchapter III of this chapter by States to carry out subchapter III of this chapter shall apply with respect to such resources.

(b) Award of grants and contracts

(1) Regional distribution

The Assistant Secretary shall ensure that States and area agencies on aging in all standard Federal regions of the United States, established by the Office of Management and Budget, receive grants and contracts under subsection (a) of this section on an equitable basis.

(2) Distribution based on need

Within such regions, the Assistant Secretary shall give preference to applicants that provide services under subchapter III of this chapter in geographical areas that contain a large number of older individuals with greatest economic need or older individuals with greatest social need.

(c) Monitoring

The Assistant Secretary shall monitor how—

(1) grants are expended, and contracts are carried out, under subsection (a) of this section; and

(2) resources generated under such grants and contracts are expended,

to ensure compliance with this section.

(Pub. L. 89–73, title IV, §429H, as added Pub. L. 102–375, title IV, §417, Sept. 30, 1992, 106 Stat. 1260; amended Pub. L. 103–171, §3(a)(13), Dec. 2, 1993, 107 Stat. 1990.)

Amendments

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

§3035q. Career preparation for the field of aging

(a) Grants

The Assistant Secretary shall make grants to institutions of higher education, historically Black colleges or universities, Hispanic Centers of Excellence in Applied Gerontology, and other educational institutions that serve the needs of minority students, to provide education and training to prepare students for careers in the field of aging.

(b) Definitions

For purposes of subsection (a) of this section:

(1) Hispanic Center of Excellence in Applied Gerontology

The term "Hispanic Center of Excellence in Applied Gerontology" means an institution of higher education with a program in applied gerontology that—

(A) has a significant number of Hispanic individuals enrolled in the program, including individuals accepted for enrollment in the program;

(B) has been effective in assisting Hispanic students of the program to complete the program and receive the degree involved;

(C) has been effective in recruiting Hispanic individuals to attend the program, including providing scholarships and other financial assistance to such individuals and encouraging Hispanic students of secondary educational institutions to attend the program; and

(D) has made significant recruitment efforts to increase the number and placement of Hispanic individuals serving in faculty or administrative positions in the program.

(2) Historically Black college or university

The term "historically Black college or university" has the meaning given the term "part B institution" in section 1061(2) of title 20.

(Pub. L. 89–73, title IV, §429I, as added Pub. L. 102–375, title IV, §418, Sept. 30, 1992, 106 Stat. 1261; amended Pub. L. 103–171, §§2(18), 3(a)(13), Dec. 2, 1993, 107 Stat. 1989, 1990.)

Amendments

1993—Subsecs. (a), (b)(2). Pub. L. 103–171 substituted "Assistant Secretary" for "Commissioner" in subsec. (a) and "Black" for "black" in subsecs. (a) and (b)(2).

Effective Date

Section inapplicable with respect to fiscal year 1992, see section 905(b)(3) of Pub. L. 102–375, set out as an Effective Date of 1992 Amendment note under section 3001 of this title.

§3035r. Pension rights demonstration projects

(a) Definitions

As used in this section:

(1) Pension rights information program

The term "pension rights information program" means a program described in subsection (c) of this section.

(2) Pension and other retirement benefits

The term "pension and other retirement benefits" means private, civil service, and other public pensions and retirement benefits, including benefits provided under—

(A) the Social Security program under title II of the Social Security Act (42 U.S.C. 401 et seq.);

(B) the railroad retirement program under the Railroad Retirement Act of 1974 (45 U.S.C. 231 et seq.);

(C) the government retirement benefits programs under the Civil Service Retirement System set forth in chapter 83 of title 5, the Federal Employees Retirement System set forth in chapter 84 of title 5, or other Federal retirement systems; or

(D) the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1001 et seq.).

(b) Establishment

The Assistant Secretary shall establish and carry out pension rights demonstration projects.

(c) Pension rights information programs

(1) Use of funds

In carrying out the projects specified in subsection (b) of this section, the Assistant Secretary shall, to the extent appropriations are available, award grants to six eligible entities to establish programs to provide outreach, information, counseling, referral, and assistance regarding pension and other retirement benefits, and rights related to such benefits.

(2) Award of grants

(A) Type of entity

The Assistant Secretary shall award under this subsection—

(i) four grants to State agencies or area agencies on aging; and

(ii) two grants to nonprofit organizations with a proven record of providing—

(I) services related to retirement of older individuals; or

(II) specific pension rights counseling.

(B) Panel

In awarding grants under this subsection, the Assistant Secretary shall use a citizen advisory panel that shall include representatives of business, labor, national senior advocates, and national pension rights advocates.

(C) Criteria

In awarding grants under this subsection, the Assistant Secretary, in consultation with the panel, shall use as criteria—

(i) evidence of commitment of an agency or organization to carry out a proposed pension rights information program;

(ii) the ability of the agency or organization to perform effective outreach to affected populations, particularly populations identified as in need of special outreach; and

(iii) reliable information that the population to be served by the agency or organization has a demonstrable need for the services proposed to be provided under the program.

(3) Application

(A) In general

To be eligible to receive a grant under this subsection, an entity shall submit an application to the Assistant Secretary at such time, in such manner, and containing such information as the Assistant Secretary may require, including, at a minimum—

(i) a plan for the establishment of a pension rights information program to serve a specific geographic area; and

(ii) an assurance that staff members (including volunteer staff members) have no conflict of interest in providing the services described in the plan.

(B) Plan

The plan described in paragraph (1) shall provide for a program that—

(i) establishes a State or area pension rights information center;

(ii) provides counseling (including direct counseling and assistance to individuals needing information) and information that may assist individuals in establishing rights to, obtaining, and filing claims or complaints related to, pension and other retirement benefits;

(iii) provides information on sources of pension and other retirement benefits, including the benefits under programs described in subsection (a)(1) of this section;

(iv) makes referrals to legal services and other advocacy programs;

(v) establishes a system of referral to State, local, and Federal departments or agencies related to pension and other retirement benefits;

(vi) provides a sufficient number of staff positions (including volunteer positions) to ensure information, counseling, referral, and assistance regarding pension and other retirement benefits;

(vii) provides training programs for staff members, including volunteer staff members of the programs described in subsection (a)(1) of this section;

(viii) makes recommendations to the Administration, the Department of Labor and other local, State, and Federal agencies concerning issues for older individuals related to pension and other retirement benefits; and

(ix) establishes an outreach program to provide information, counseling, referral, and assistance regarding pension and other retirement benefits, with particular emphasis on outreach to women, minorities, and low-income retirees.

(d) Training program

(1) Use of funds

In carrying out the projects described in subsection (b) of this section, the Assistant Secretary shall, to the extent appropriations are available, award a grant to an eligible entity to establish a training program to provide—

(A) information to the staffs of entities operating pension rights information programs; and

(B) assistance to the entities and assist such entities in the design of program evaluation tools.

(2) Eligible entity

Entities eligible to receive grants under this subsection include nonprofit private organizations with records of providing national information, referral, and advocacy in matters related to pension and other retirement benefits.

(3) Application

To be eligible to receive a grant under this subsection, an entity shall submit an application to the Assistant Secretary at such time, in such manner, and containing such information as the Assistant Secretary may require.

(e) Duration

The Assistant Secretary may award grants under subsection (c) or (d) of this section for periods not to exceed 18 months.

(f) Report to Congress

(1) Preparation

The Assistant Secretary shall prepare a report that—

(A) summarizes the distribution of funds authorized for grants under this section and the expenditure of such funds;

(B) summarizes the scope and content of training and assistance provided under a program carried out under this section and the degree to which the training and assistance can be replicated;

(C) outlines the problems that individuals participating in programs funded under this section encountered concerning rights related to pension and other retirement benefits; and

(D) makes recommendations regarding the manner in which services provided in programs funded under this section can be incorporated into the ongoing programs of State agencies, area agencies on aging, multipurpose senior centers, and other similar entities.

(2) Submission

Not later than 30 months after September 30, 1992, the Assistant Secretary shall submit the report described in paragraph (1) to the Committee on Education and Labor of the House of Representatives and the Committee on Labor and Human Resources of the Senate.

(g) Administrative expenses

Of the funds appropriated under section 3037(a)(1) of this title to carry out this section for a fiscal year, not more than $100,000 may be used by the Administration for administrative expenses in carrying out this section.

(Pub. L. 89–73, title IV, §429J, as added Pub. L. 102–375, title IV, §419, Sept. 30, 1992, 106 Stat. 1261; amended Pub. L. 103–171, §§2(19), 3(a)(13), Dec. 2, 1993, 107 Stat. 1989, 1990.)

References in Text

The Social Security Act, referred to in subsec. (a)(2)(A), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Title II of the Act is classified generally to subchapter II (§401 et seq.) of chapter 7 of this title. For complete classification of this Act to the Code, see section 1305 of this title and Tables.

The Railroad Retirement Act of 1974, referred to in subsec. (a)(2)(B), is act Aug. 29, 1935, ch. 812, as amended generally by Pub. L. 93–445, title I, §101, Oct. 16, 1974, 88 Stat. 1305, which is classified generally to subchapter IV (§231 et seq.) of chapter 9 of Title 45, Railroads. For further details and complete classification of this Act to the Code, see Codification note set out preceding section 231 of Title 45, section 231t of Title 45, and Tables.

The Employee Retirement Income Security Act of 1974, referred to in subsec. (a)(2)(D), is Pub. L. 93–406, Sept. 2, 1974, 88 Stat. 829, as amended, which is classified principally to chapter 18 (§1001 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of Title 29 and Tables.

Prior Provisions

A prior section 3036, Pub. L. 89–73, title IV, §441, formerly §421, as added Pub. L. 93–29, title IV, §401, May 3, 1973, 87 Stat. 48; renumbered and amended Pub. L. 95–478, title I, §104(c)(1)(B), (d), Oct. 18, 1978, 92 Stat. 1539, 1546, related to applications for grants for establishment or support of multidisciplinary centers of gerontology and gerontology centers of special emphasis, prior to the general amendment of this subchapter by Pub. L. 97–115, §11(a), Dec. 29, 1981, 95 Stat. 1601.

Amendments

1993—Subsec. (a)(2)(D). Pub. L. 103–171, §2(19), substituted "Act of 1974" for "Act".

Subsecs. (b) to (f). Pub. L. 103–171, §3(a)(13), substituted "Assistant Secretary" for "Commissioner" wherever appearing.

Change of Name

Committee on Education and Labor of House of Representatives treated as referring to Committee on Economic and Educational Opportunities of House of Representatives by section 1(a) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2, The Congress. Committee on Economic and Educational Opportunities of House of Representatives changed to Committee on Education and the Workforce of House of Representatives by House Resolution No. 5, One Hundred Fifth Congress, Jan. 7, 1997.

Effective Date

Section inapplicable with respect to fiscal year 1992, see section 905(b)(3) of Pub. L. 102–375, set out as an Effective Date of 1992 Amendment note under section 3001 of this title.

Part C—General Provisions

§3037. Authorization of appropriations

(a)(1) There are authorized to be appropriated to carry out the provisions of this subchapter (other than the provision specified in subsection (b) of this section) $72,000,000 for fiscal year 1992, and such sums as may be necessary for fiscal years 1993, 1994, and 1995.

(2) Not less than 1 percent of the amount appropriated under paragraph (1) for each fiscal year shall be made available to carry out section 3012(d) of this title.

(b) There are authorized to be appropriated to carry out section 3031(e) of this title, $450,000 for each of fiscal years 1992, 1993, 1994, and 1995.

(c) No funds appropriated under this subchapter—

(1) may be transferred to any office or other authority of the Federal Government which is not directly responsible to the Assistant Secretary;

(2) may be used for any program or activity which is not specifically authorized by this subchapter; or

(3) may be combined with funds appropriated under any other Act if the purpose of combining funds is to make a single discretionary grant or a single discretionary payment, unless such funds appropriated under this subchapter are separately identified in such grant or payment and are used for the purposes of this subchapter.

(Pub. L. 89–73, title IV, §431, as added Pub. L. 97–115, §11(a), Dec. 29, 1981, 95 Stat. 1605; amended Pub. L. 98–459, title IV, §411, Oct. 9, 1984, 98 Stat. 1785; Pub. L. 100–175, title I, §§156(e)(2), 157(b)–159, Nov. 29, 1987, 101 Stat. 955, 956; Pub. L. 102–375, title IV, §420, Sept. 30, 1992, 106 Stat. 1264; Pub. L. 103–171, §3(a)(13), Dec. 2, 1993, 107 Stat. 1990.)

Prior Provisions

A prior section 3037, Pub. L. 89–73, title IV, §451, formerly §431, as added Pub. L. 93–29, title IV, §401, May 3, 1973, 87 Stat. 49; amended Pub. L. 94–135, title I, §112(d), Nov. 28, 1975, 89 Stat. 720; renumbered §451 and amended Pub. L. 95–478, title I, §104(c)(1)(B), (e)(1), Oct. 18, 1978, 92 Stat. 1539, 1546, authorized appropriation of funds for fiscal years ending prior to Oct. 1, 1981, and prohibited transfer of funds to offices not directly responsible to Commissioner or for research programs or activities not specifically authorized by this subchapter, prior to the general amendment of this subchapter by Pub. L. 97–115.

Provisions similar to those comprising this section were contained in Pub. L. 89–73, title VIII, §803, formerly title VI, §603, July 14, 1965, 79 Stat. 226; Pub. L. 90–42, §4, July 1, 1967, 81 Stat. 107; renumbered title VII, §703, and amended Pub. L. 91–69, §§2(b), 9, Sept. 17, 1969, 83 Stat. 108, 111; renumbered title VIII, §803, Pub. L. 92–258, §1, Mar. 22, 1972, 86 Stat. 88, which was classified to section 3053 of this title, prior to repeal Pub. L. 93–29, title II, §202, May 3, 1973, 87 Stat. 36.

A prior section 431 of Pub. L. 89–73, as added by Pub. L. 95–478, title I, §104(c)(1)(C), Oct. 18, 1978, 92 Stat. 1543, authorized mortgage insurance and was classified to section 3035g of this title, prior to the general amendment of this subchapter by Pub. L. 97–115.

Another prior section 431 of Pub. L. 89–73 was renumbered section 451 of Pub. L. 89–73 and classified to section 3037 of this title. See note above.

Amendments

1993—Subsec. (c)(1). Pub. L. 103–171 substituted "Assistant Secretary" for "Commissioner".

1992—Subsecs. (a), (b). Pub. L. 102–375 added subsecs. (a) and (b) and struck out former subsecs. (a) and (b) which read as follows:

"(a)(1) There are authorized to be appropriated to carry out the provisions of this subchapter (other than sections 3035f and 3035g of this title) $32,970,000 for the fiscal year 1988, $34,619,000 for the fiscal year 1989, $36,349,000 for the fiscal year 1990, and $38,167,000 for the fiscal year 1991.

"(2) Subject to subsection (b) of this section, there is authorized to be appropriated $1,000,000 for fiscal year 1989 to carry out the provisions of section 3035f of this title. The funds appropriated pursuant to this paragraph shall remain available for expenditure for fiscal year 1990.

"(3) Subject to subsection (b) of this section, there is authorized to be appropriated $2,000,000 for each of the fiscal years 1989 and 1990 to carry out the provisions of section 3035g of this title.

"(b) No funds may be appropriated under paragraph (2) or (3) of subsection (a) of this section for a fiscal year unless the aggregate amount appropriated for such fiscal year to carry out this subchapter (other than sections 3035f and 3035g of this title), subchapter III of this chapter (other than sections 3026(a)(6)(P), 3027(a)(12), and 3030a of this title, and parts E, F, and G of this subchapter), subchapter IX of this chapter, and subchapter X of this chapter exceeds 105 percent of the aggregate amount appropriated for the preceding fiscal year to carry out such subchapters."

1987—Subsec. (a)(1). Pub. L. 100–175, §158, amended par. (1) generally. Prior to amendment, par. (1) read as follows: "There are authorized to be appropriated to carry out the provisions of this subchapter (other than sections 3035f and 3035g of this title) $26,600,000 for fiscal year 1984, $28,200,000 for fiscal year 1985, $29,800,000 for fiscal year 1986, and $31,400,000 for fiscal year 1987."

Pub. L. 100–175, §157(b)(1), substituted "sections 3035f and 3035g of this title" for "section 3035f of this title".

Pub. L. 100–175, §156(e)(2)(A), (B), designated existing provisions as par. (1) and inserted "(other than section 3035f of this title)" after "this subchapter".

Subsec. (a)(2). Pub. L. 100–175, §156(e)(2)(C), added par. (2).

Subsec. (a)(3). Pub. L. 100–175, §157(b)(2), added par. (3).

Subsecs. (b), (c). Pub. L. 100–175, §159, added subsec. (b) and redesignated former subsec. (b) as (c).

1984—Subsec. (a). Pub. L. 98–459, §411(a), struck out provisions authorizing appropriations in amount of $23,200,000 for fiscal year 1982 and $24,800,000 for fiscal year 1983 and inserted provisions authorizing appropriations of $28,200,000 for fiscal year 1985, $29,800,000 for fiscal year 1986, and $31,400,000 for fiscal year 1987.

Subsec. (b)(3). Pub. L. 98–459, §411(b), added par. (3).

Effective Date of 1987 Amendment

Amendment by Pub. L. 100–175 effective Oct. 1, 1987, except not applicable with respect to any area plan submitted under section 3026(a) of this title or any State plan submitted under section 3027(a) of this title and approved for any fiscal year beginning before Nov. 29, 1987, see section 701(a), (b) of Pub. L. 100–175, set out as a note under section 3001 of this title.

Effective Date of 1984 Amendment

Amendment by section 411(a) of Pub. L. 98–459 effective Oct. 9, 1984, and amendment by section 411(b) of Pub. L. 98–459 not applicable with respect to any grant or payment made before Oct. 9, 1984, see section 803(a), (b)(3) of Pub. L. 98–459, set out as a note under section 3001 of this title.

Section Referred to in Other Sections

This section is referred to in sections 3031, 3035d, 3035r of this title.

§3037a. Payments of grants

(a) Contributions of recipients

To the extent the Assistant Secretary deems it appropriate, the Assistant Secretary shall require the recipient of any grant or contract under this subchapter to contribute money, facilities, or services for carrying out the project for which such grant or contract was made.

(b) Adjustments; advances or reimbursement; installments; conditions

Payments under this subchapter pursuant to a grant or contract may be made (after necessary adjustment, in the case of grants, on account of previously made overpayments or underpayments) in advance or by way of reimbursement, and in such installments and on such conditions, as the Assistant Secretary may determine.

(c) Consultation with designated State agency as prerequisite to grant or contract

The Assistant Secretary shall make no grant or contract under this subchapter in any State which has established or designated a State agency for purposes of subchapter III of this chapter unless the Assistant Secretary—

(1) consults with the State agency prior to issuing the grant or contract; and

(2) informs the State agency of the purposes of the grant or contract when the grant or contract is issued.

(Pub. L. 89–73, title IV, §432, as added Pub. L. 97–115, §11(a), Dec. 29, 1981, 95 Stat. 1605; amended Pub. L. 98–459, title IV, §412, Oct. 9, 1984, 98 Stat. 1785; Pub. L. 102–375, title IV, §421, Sept. 30, 1992, 106 Stat. 1264; Pub. L. 103–171, §3(a)(13), Dec. 2, 1993, 107 Stat. 1990.)

Prior Provisions

A prior section 3037a, Pub. L. 89–73, title IV, §452, formerly §432, as added Pub. L. 93–29, title IV, §401, May 3, 1973, 87 Stat. 49; amended Pub. L. 94–135, title I, §114(f), Nov. 28, 1975, 89 Stat. 725; renumbered §452 and amended Pub. L. 95–478, title I, §104(c)(1)(B), (e)(2), Oct. 18, 1978, 92 Stat. 1539, 1547, related to payments of grants, prior to the general revision of this subchapter by Pub. L. 97–115.

Provisions similar to those comprising this section were contained in Pub. L. 89–73, title IV, §402, title V, §502, July 14, 1965, 79 Stat. 224, 225, which were classified to sections 3032 and 3042 of this title, prior to repeal of sections 3032 and 3042 by Pub. L. 93–29, title IV, §401, May 3, 1973, 87 Stat. 45.

A prior section 432 of Pub. L. 89–73, as added by Pub. L. 95–478, title I, §104(c)(1)(C), Oct. 18, 1978, 92 Stat. 1545, related to annual interest grants for acquisition, alteration, etc., of multipurpose senior centers and was classified to section 3035h of this title, prior to the general revision of this subchapter by Pub. L. 97–115.

Another prior section 432 of Pub. L. 89–73 was renumbered section 452 of Pub. L. 89–73 and classified to section 3037a of this title. See note above.

Amendments

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

1992—Subsec. (c). Pub. L. 102–375 substituted "unless the Commissioner—

"(1) consults with the State agency prior to issuing the grant or contract; and

"(2) informs the State agency of the purposes of the grant or contract when the grant or contract is issued."

for "unless the Commissioner has consulted with such State agency regarding such grant or contract."

1984—Subsec. (a). Pub. L. 98–459 substituted "the Commissioner deems" for "he deems".

Effective Date of 1984 Amendment

Amendment by Pub. L. 98–459 effective Oct. 9, 1984, see section 803(a) of Pub. L. 98–459, set out as a note under section 3001 of this title.

§3037b. Responsibilities of Assistant Secretary

(a) Grants and contracts; nondelegation of authority

The Assistant Secretary shall be responsible for the administration, implementation, and making of grants and contracts under this subchapter and shall not delegate authority under this subchapter to any other individual, agency, or organization.

(b) Annual report to Congress

(1) Not later than January 1 following each fiscal year, the Assistant Secretary shall submit, to the Speaker of the House of Representatives and the President pro tempore of the Senate, a report for such fiscal year that describes each project and each program—

(A) for which funds were provided under this subchapter; and

(B) that was completed in the fiscal year for which such report is prepared.

(2) Such report shall contain—

(A) the name or descriptive title of each project or program;

(B) the name and address of the individual or governmental entity that conducted such project or program;

(C) a specification of the period throughout which such project or program was conducted;

(D) the identity of each source of funds expended to carry out such project or program and the amount of funds provided by each such source;

(E) an abstract describing the nature and operation of such project or program; and

(F) a bibliography identifying all published information relating to such project or program.

(c) Evaluation of programs

(1) The Assistant Secretary shall establish by regulation and implement a process to evaluate the results of projects and programs carried out under this subchapter.

(2) The Assistant Secretary shall—

(A) make available to the public each evaluation carried out under paragraph (1); and

(B) use such evaluation to improve services delivered, or the operation of projects and programs carried out, under this chapter.

(Pub. L. 89–73, title IV, §433, as added Pub. L. 98–459, title IV, §413, Oct. 9, 1984, 98 Stat. 1785; amended Pub. L. 102–375, title IV, §422, Sept. 30, 1992, 106 Stat. 1265; Pub. L. 103–171, §3(a)(12), (13), Dec. 2, 1993, 107 Stat. 1990.)

Amendments

1993—Pub. L. 103–171 substituted "Assistant Secretary" for "Commissioner" in section catchline and wherever appearing in text.

1992—Subsec. (b). Pub. L. 102–375, §422(1), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: "The Commissioner shall prepare and publish annually as part of the report provided for in section 3018 of this title a detailed description of all grants, contracts, and activities for which funds are paid under this subchapter. Such report shall include the name of the recipient of each such grant or contract, the amount of funds provided for such grant or contract, and a justification of how the funded activity or project will achieve the purpose of this subchapter."

Subsec. (c). Pub. L. 102–375, §422(2), added subsec. (c).

Effective Date

Section effective Oct. 9, 1984, see section 803(a) of Pub. L. 98–459, set out as an Effective Date of 1984 Amendment note under section 3001 of this title.