42 USC Ch. 35: Front Matter
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42 USC Ch. 35: Front Matter
From Title 42-THE PUBLIC HEALTH AND WELFARECHAPTER 35-PROGRAMS FOR OLDER AMERICANS
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CHAPTER 35-PROGRAMS FOR OLDER AMERICANS

SUBCHAPTER I-DECLARATION OF OBJECTIVES AND DEFINITIONS

Sec.
3001.
Congressional declaration of objectives.
3002.
Definitions.
3003.
Congressional declaration of additional objectives.

        

SUBCHAPTER II-ADMINISTRATION ON AGING

3011.
Establishment of Administration on Aging.

        

(a)

Function and operation.

(b)

Appointment of Assistant Secretary.

(c)

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

(d)

Office of Long-Term Care Ombudsman Programs.

3012.
Functions of Assistant Secretary.

        

(a)

Duties and functions of Administration.

(b)

Policy alternatives in long-term care.

(c)

Encouragement by Assistant Secretary of program and activity by voluntary social services group.

(d)

National Center on Elder Abuse.

(e)

National Aging Information Center.

(f)

Development of performance outcome measures.

3013.
Federal agency cooperation.
3013a.
Consultation with State agencies, area agencies on aging, and Native American grant recipients.
3014.
Repealed.
3015.
Gifts and donations.

        

(a)

Gifts and donations.

(b)

Use of gifts and donations.

(c)

Ethics guidelines.

3016.
Authority of Assistant Secretary.

        

(a)

Consultative services and technical assistance; short-term training and technical instruction; research and demonstrations; preparation and dissemination of informational materials; staff and technical assistance to Federal Council on the Aging; designation of full-time nutrition professional as administrator of nutrition services.

(b)

Utilization of services and facilities of Federal and other public or nonprofit agencies; advance or reimbursement payments for such use.

(c)

Authorization of appropriations.

3017.
Evaluation of programs.

        

(a)

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

(b)

General standards.

(c)

Opinions of program and project participants; comparison of effectiveness of related programs; consultation with organizations concerned with older individuals.

(d)

Annual summaries and analyses of evaluation; demonstration projects; transmittal to Congress; dissemination to Federal, State, and local agencies and private organizations; accessibility to public.

(e)

Federal property.

(f)

Availability to Secretary of information from executive agencies.

(g)

Funds.

3018.
Reports to Congress.

        

(a)

Annual report.

(b)

Report on ombudsman program.

(c)

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

3019.
Joint funding of projects.
3020.
Advance funding.
3020a.
Application of other laws; costs of projects under this chapter not treated as income or benefits under other laws.
3020b.
Reduction of paperwork.
3020c.
Contracting and grant authority.
3020d.
Surplus property eligibility.
3020e.
Nutrition education.
3020e–1.
Pension counseling and information programs.

        

(a)

Definitions.

(b)

Program authorized.

(c)

Eligible entities.

(d)

Citizen advisory panel.

(e)

Application.

(f)

Criteria.

(g)

Training and technical assistance program.

(h)

Pension assistance hotline and intragency coordination.

(i)

Report to Congress.

(j)

Administrative expenses.

3020f.
Authorization of appropriations.

        

(a)

In general.

(b)

Eldercare Locator Service.

(c)

Pension counseling and information programs.

SUBCHAPTER III-GRANTS FOR STATE AND COMMUNITY PROGRAMS ON AGING

Part A-General Provisions

3021.
Purpose and program.

        

(a)

Congressional declaration of purpose.

(b)

Administration of program.

(c)

Ombudsman program.

(d)

Use of funds.

3022.
Definitions.
3023.
Authorization of appropriations; uses of funds.
3024.
Allotment to States.

        

(a)

In general.

(b)

Unused funds.

(c)

Withholding of funds; disbursement.

(d)

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

3025.
Designation of State agencies.

        

(a)

Duties of designated agency.

(b)

Planning and service area designated; Indian reservations; redesignation; adjustment of State allotment; review by Assistant Secretary; additional planning and service areas; right to first refusal to units of local government; procedures and review of boundaries.

(c)

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

(d)

Publication for review and comment; contents.

3026.
Area plans.

        

(a)

Preparation and development by area agency on aging; requirements.

(b)

Waiver of requirements.

(c)

Transportation services; funds.

(d)

Confidentiality of information relating to legal assistance.

(e)

Withholding of area funds.

3027.
State plans.

        

(a)

Criteria for eligibility; contents.

(b)

Approval by Assistant Secretary; waiver of requirements.

(c)

Notice and hearing prior to disapproval.

(d)

Discontinuance of payments; disbursement of withheld funds to agencies with approved plans; matching funds.

(e)

Appeal.

(f)

Confidentiality of information relating to legal assistance.

3028.
Cost of administration of State plans.

        

(a)

Activities constituting administration; use of excess funds to supplement cost of administration of area plans; election to pay costs from sums received for administration of area plans.

(b)

Formula for computation of allotment; application for additional funds; approval of application by Assistant Secretary; limitation on amount of additional funds; transfer of funds.

(c)

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

3029.
Payments of grants or contracts.

        

(a)

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

(b)

Matching funds; percentage limitation.

(c)

Reduction of State allotment.

3030.
Disaster relief reimbursements.

        

(a)

Application; limitations.

(b)

Setting aside of funds by Assistant Secretary.

(c)

Effect on other laws.

3030a.
Nutrition services incentive program.

        

(a)

Purpose.

(b)

Allotment and provision of cash or commodities.

(c)

Donation of products.

(d)

Cash payments in lieu of food commodities.

(e)

Authorization of appropriations.

(f)

Dissemination of information.

3030b.
Recapture of payments made for multipurpose senior centers.
3030c.
Audit; request for information.
3030c–1.
Rights relating to in-home services for frail older individuals.
3030c–2.
Consumer contributions.

        

(a)

Cost sharing.

(b)

Voluntary contributions.

(c)

Participation.

(d)

Evaluation.

3030c–3.
Waivers.

        

(a)

In general.

(b)

Requirements subject to waiver.

(c)

Duration of waiver.

(d)

Reports to Secretary.

Part B-Supportive Services

3030d.
Grants for supportive services.

        

(a)

Grants.

(b)

Existing facilities.

(c)

Coordination of services with other providers.

(d)

Relationship to other funding sources.

Part C-Nutrition Services

subpart i-congregate nutrition services

3030e.
Grants for establishment and operation of nutrition projects.

        

subpart ii-home delivered nutrition services

3030f.
Grants for establishment and operation of nutrition projects for older individuals.
3030g.
Efficiency and quality criteria.

        

subpart iii-general provisions

3030g–21.
Nutrition.
3030g–22.
Payment requirement.

        

Part D-Disease Prevention and Health Promotion Services

3030m.
Program authorized.

        

(a)

Grants to States.

(b)

Community organizations and agencies.

3030n.
Distribution to area agencies on aging.
3030o to 3030r. Repealed.

        

Part E-National Family Caregiver Support Program

subpart i-caregiver support program

3030s.
Definitions.
3030s–1.
Program authorized.

        

(a)

In general.

(b)

Support services.

(c)

Population served; priority.

(d)

Coordination with service providers.

(e)

Quality standards and mechanisms and accountability.

(f)

Caregiver allotment.

(g)

Availability of funds.

3030s–2.
Maintenance of effort.

        

subpart ii-national innovation programs

3030s–11.
Innovation grant program.

        

(a)

In general.

(b)

Evaluation and dissemination of results.

(c)

Sunset provision.

3030s–12.
Activities of national significance.

        

(a)

In general.

(b)

Sunset provision.

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

3031.
Purposes.

        

Part A-Grant Programs

3032.
Program authorized.

        

(a)

In general.

(b)

Authorization of appropriations.

3032a.
Career preparation for the field of aging.

        

(a)

Grants.

(b)

Definitions.

3032b.
Older individuals' protection from violence projects.

        

(a)

Program authorized.

(b)

Activities.

(c)

Preference.

(d)

Coordination.

3032c.
Health care service demonstration projects in rural areas.

        

(a)

Authority.

(b)

Eligibility.

(c)

Reports.

3032d.
Computer training.

        

(a)

Program authorized.

(b)

Priority.

(c)

Special consideration.

(d)

Use of funds.

3032e.
Technical assistance to improve transportation for seniors.

        

(a)

In general.

(b)

Use of funds.

3032f.
Demonstration projects for multigenerational activities.

        

(a)

Grants and contracts.

(b)

Use of funds.

(c)

Preference.

(d)

Application.

(e)

Eligible organizations.

(f)

Local evaluation and report.

(g)

Report to Congress.

(h)

Definition.

3032g.
Native American programs.

        

(a)

Establishment.

(b)

Training grants.

3032h.
Multidisciplinary centers.

        

(a)

Program authorized.

(b)

Use of funds.

(c)

Data.

3032i.
Demonstration and support projects for legal assistance for older individuals.

        

(a)

Program authorized.

(b)

Assurances.

(c)

Assistance.

3032j.
Ombudsman and advocacy demonstration projects.

        

(a)

Program authorized.

(b)

Report.

Part B-General Provisions

3033.
Payment of grants.

        

(a)

Contributions.

(b)

Payments.

(c)

Consultation.

3033a.
Responsibilities of Assistant Secretary.

        

(a)

In general.

(b)

Report.

(c)

Evaluations.

SUBCHAPTER V-MULTIPURPOSE SENIOR CENTERS

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

3041 to 3041f. Repealed.

        

Part B-Initial Staffing of Multipurpose Senior Centers

3042.
Repealed.

        

SUBCHAPTER VI-NATIONAL OLDER AMERICANS VOLUNTEER PROGRAM

3044 to 3044e. Repealed.

        

SUBCHAPTER VII-NUTRITION PROGRAM FOR THE ELDERLY

3045 to 3045i. Repealed.

        

SUBCHAPTER VIII-GENERAL PROVISIONS

3051 to 3055. Repealed.

        

SUBCHAPTER IX-COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS

3056.
Older American community service employment program.

        

(a)

Establishment.

(b)

Authority of Secretary; execution of agreements to further purposes and goals of program.

(c)

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

(d)

Project and program review.

(e)

Second career training and job placement projects; equitable geographic distribution; project criteria.

(f)

Evaluations.

3056a.
Administration.

        

(a)

State Senior Employment Services Coordination Plan.

(b)

Coordination of program with other Federal programs.

(c)

Use of services, equipment, personnel, and facilities of other agencies.

(d)

Payments.

(e)

Delegation of functions prohibited.

(f)

Monitoring, compliance, reports, and records.

(g)

Evaluations and reports to Congress.

3056b.
Participants not Federal employees.
3056c.
Interagency cooperation.

        

(a)

Assistant Secretary for Aging.

(b)

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

(c)

Secretary of Education.

3056d.
Distribution of assistance.

        

(a)

Reservations.

(b)

State allotments.

(c)

Division between national grants and grants to States.

(d)

Allotments for national grants.

(e)

Allotments for grants to States.

(f)

Allotment percentage.

(g)

Definitions.

3056e.
Equitable distribution.

        

(a)

Interstate allocation.

(b)

Intrastate allocation.

3056f.
Report.
3056g.
Employment assistance and Federal housing and food stamp programs.
3056h.
Eligibility for workforce investment activities.
3056i.
Treatment of assistance.
3056j.
Coordination with the Workforce Investment Act of 1998.

        

(a)

Partners.

(b)

Coordination.

3056k.
Performance.

        

(a)

Measures.

(b)

Required indicators.

(c)

Definitions of indicators.

(d)

Corrective efforts.

3056l.
Competitive requirements relating to grant awards.

        

(a)

Program authorized.

(b)

Eligible applicants.

(c)

Criteria.

(d)

Responsibility tests.

(e)

National performance measures and competition for public and private nonprofit agencies and organizations.

(f)

Performance measures and competition for States.

3056m.
Authorization of appropriations.
3056n.
Definitions.

        

SUBCHAPTER X-GRANTS FOR NATIVE AMERICANS

3057.
Statement of purpose.
3057a.
Sense of Congress.

        

Part A-Indian Program

3057b.
Findings.
3057c.
Eligibility.

        

(a)

Criteria.

(b)

Limitation.

(c)

"Indian tribe" and "tribal organization" defined.

3057d.
Grants authorized.
3057e.
Applications.

        

(a)

Approval criteria; provisions and assurances.

(b)

Population statistics development.

(c)

Approval by Assistant Secretary.

(d)

Disapproval by Assistant Secretary.

(e)

Funds per year.

3057e–1.
Distribution of funds among tribal organizations.

        

(a)

Maintenance of 1991 amounts.

(b)

Use of additional amounts appropriated.

3057f.
Surplus educational facilities.

        

(a)

Multipurpose senior centers.

(b)

Applications; submission; contents.

Part B-Native Hawaiian Program

3057g.
Findings.
3057h.
Eligibility.
3057i.
Grants authorized.
3057j.
Application.

        

(a)

Approval criteria; provisions and assurances.

(b)

Approval by Assistant Secretary.

(c)

Disapproval by Assistant Secretary.

(d)

Funds per year.

3057j–1.
Distribution of funds among organizations.
3057k.
"Native Hawaiian" defined.

        

Part C-Native American Caregiver Support Program

3057k–11.
Program.

        

(a)

In general.

(b)

Requirements.

Part D-General Provisions

3057l.
Administration.
3057m.
Payments.
3057n.
Authorization of appropriations.

        

SUBCHAPTER XI-ALLOTMENTS FOR VULNERABLE ELDER RIGHTS PROTECTION ACTIVITIES

Part A-State Provisions

subpart i-general state provisions

3058.
Establishment.
3058a.
Authorization of appropriations.

        

(a)

Ombudsman program.

(b)

Prevention of elder abuse, neglect, and exploitation.

(c)

Legal assistance development program.

3058b.
Allotment.

        

(a)

In general.

(b)

Reallotment.

(c)

Withholding.

3058c.
Organization.
3058d.
Additional State plan requirements.

        

(a)

Eligibility.

(b)

Privilege.

3058e.
Demonstration projects.

        

(a)

Establishment.

(b)

Benefits.

subpart ii-ombudsman programs

3058f.
Definitions.
3058g.
State Long-Term Care Ombudsman program.

        

(a)

Establishment.

(b)

Procedures for access.

(c)

Reporting system.

(d)

Disclosure.

(e)

Consultation.

(f)

Conflict of interest.

(g)

Legal counsel.

(h)

Administration.

(i)

Liability.

(j)

Noninterference.

3058h.
Regulations.

        

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

3058i.
Prevention of elder abuse, neglect, and exploitation.

        

(a)

Establishment.

(b)

Use of allotments.

(c)

Approach.

(d)

Coordination.

(e)

Requirements.

(f)

Designation.

(g)

Study and report.

subpart iv-state legal assistance development program

3058j.
State legal assistance development.

        

subpart v-outreach, counseling, and assistance program

3058k.
Repealed.

        

Part B-Native American Organization Provisions

3058aa.
Native American program.

        

(a)

Establishment.

(b)

Application.

(c)

Eligible entity.

(d)

Authorization of appropriations.

Part C-General Provisions

3058bb.
Definitions.
3058cc.
Administration.
3058dd.
Technical assistance.

        

(a)

Other agencies.

(b)

Assistant Secretary.

3058ee.
Audits.

        

(a)

Access.

(b)

Limitation.

Chapter Referred to in Other Sections

This chapter is referred to in sections 1395b–4, 1760, 4913, 8004, 11292, 11701, 14404, 15025, 15043 of this title; title 7 sections 1431, 1431e, 7501; title 29 sections 794e, 1732, 2942.