Part E—National Family Caregiver Support Program

Prior Provisions

A prior part E, consisting of section 3030l of this title, related to authorization of grant program for States to provide additional assistance for special needs of older individuals, prior to repeal by Pub. L. 106–501, title III, §314(1), Nov. 13, 2000, 114 Stat. 2253. See Prior Provisions note set out under section 3030g–22 of this title.

A prior part F of this subchapter, consisting of sections 3030m to 3030o of this title, was redesignated part D of this subchapter.

A prior part G of this subchapter consisting of sections 3030p to 3030r of this title, related to supportive activities for caretakers who provide in-home services to frail older individuals, prior to repeal by Pub. L. 106–501, title III, §316(1), Nov. 13, 2000, 114 Stat. 2253. See Prior Provisions notes set out under section 3030n of this title.

Part Referred to in Other Sections

This part is referred to in sections 3023, 3058i of this title.

subpart i—caregiver support program

Subpart Referred to in Other Sections

This subpart is referred to in section 3024 of this title.

§3030s. Definitions

In this subpart:

(1) Child

The term "child" means an individual who is not more than 18 years of age.

(2) Family caregiver

The term "family caregiver" means an adult family member, or another individual, who is an informal provider of in-home and community care to an older individual.

(3) Grandparent or older individual who is a relative caregiver

The term "grandparent or older individual who is a relative caregiver" means a grandparent or stepgrandparent of a child, or a relative of a child by blood or marriage, who is 60 years of age or older and—

(A) lives with the child;

(B) is the primary caregiver of the child because the biological or adoptive parents are unable or unwilling to serve as the primary caregiver of the child; and

(C) has a legal relationship to the child, as such legal custody or guardianship, or is raising the child informally.

(Pub. L. 89–73, title III, §372, as added Pub. L. 106–501, title III, §316(2), Nov. 13, 2000, 114 Stat. 2254.)

Short Title

For short title of this part as the "National Family Caregiver Support Act", see section 371 of Pub. L. 89–73, set out as a Short Title note under section 3001 of this title.

§3030s–1. Program authorized

(a) In general

The Assistant Secretary shall carry out a program for making grants to States with State plans approved under section 3027 of this title, to pay for the Federal share of the cost of carrying out State programs, to enable area agencies on aging, or entities that such area agencies on aging contract with, to provide multifaceted systems of support services—

(1) for family caregivers; and

(2) for grandparents or older individuals who are relative caregivers.

(b) Support services

The services provided, in a State program under subsection (a) of this section, by an area agency on aging, or entity that such agency has contracted with, shall include—

(1) information to caregivers about available services;

(2) assistance to caregivers in gaining access to the services;

(3) individual counseling, organization of support groups, and caregiver training to caregivers to assist the caregivers in making decisions and solving problems relating to their caregiving roles;

(4) respite care to enable caregivers to be temporarily relieved from their caregiving responsibilities; and

(5) supplemental services, on a limited basis, to complement the care provided by caregivers.

(c) Population served; priority

(1) Population served

Services under a State program under this subpart shall be provided to family caregivers, and grandparents and older individuals who are relative caregivers, and who—

(A) are described in paragraph (1) or (2) of subsection (a) of this section; and

(B) with regard to the services specified in paragraphs (4) and (5) of subsection (b) of this section, in the case of a caregiver described in paragraph (1), is providing care to an older individual who meets the condition specified in subparagraph (A)(i) or (B) of section 3002(28) ¹ of this title.

(2) Priority

In providing services under this subpart, the State shall give priority for services to older individuals with greatest social and economic need,² (with particular attention to low-income older individuals) and older individuals providing care and support to persons with mental retardation and related developmental disabilities (as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act ¹ (42 U.S.C. 6001)) (referred to in this subpart as "developmental disabilities").

(d) Coordination with service providers

In carrying out this subpart, each area agency on aging shall coordinate the activities of the agency, or entity that such agency has contracted with, with the activities of other community agencies and voluntary organizations providing the types of services described in subsection (b) of this section.

(e) Quality standards and mechanisms and accountability

(1) Quality standards and mechanisms

The State shall establish standards and mechanisms designed to assure the quality of services provided with assistance made available under this subpart.

(2) Data and records

The State shall collect data and maintain records relating to the State program in a standardized format specified by the Assistant Secretary. The State shall furnish the records to the Assistant Secretary, at such time as the Assistant Secretary may require, in order to enable the Assistant Secretary to monitor State program administration and compliance, and to evaluate and compare the effectiveness of the State programs.

(3) Reports

The State shall prepare and submit to the Assistant Secretary reports on the data and records required under paragraph (2), including information on the services funded under this subpart, and standards and mechanisms by which the quality of the services shall be assured.

(f) Caregiver allotment

(1) In general

(A) From sums appropriated under section 3023(e) of this title for fiscal years 2001 through 2005, the Assistant Secretary shall allot amounts among the States proportionately based on the population of individuals 70 years of age or older in the States.

(B) In determining the amounts allotted to States from the sums appropriated under section 3023 of this title for a fiscal year, the Assistant Secretary shall first determine the amount allotted to each State under subparagraph (A) and then proportionately adjust such amounts, if necessary, to meet the requirements of paragraph (2).

(C) The number of individuals 70 years of age or older in any State and in all States shall be determined by the Assistant Secretary on the basis of the most recent data available from the Bureau of the Census and other reliable demographic data satisfactory to the Assistant Secretary.

(2) Minimum allotment

(A) The amounts allotted under paragraph (1) shall be reduced proportionately to the extent necessary to increase other allotments under such paragraph to achieve the amounts described in subparagraph (B).

(B)(i) Each State shall be allotted ½ of 1 percent of the amount appropriated for the fiscal year for which the determination is made.

(ii) Guam and the Virgin Islands of the United States shall each be allotted ¼ of 1 percent of the amount appropriated for the fiscal year for which the determination is made.

(iii) American Samoa and the Commonwealth of the Northern Mariana Islands shall each be allotted 1/16 of 1 percent of the amount appropriated for the fiscal year for which the determination is made.

(C) For the purposes of subparagraph (B)(i), the term "State" does not include Guam, American Samoa, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands.

(g) Availability of funds

(1) Use of funds for administration of area plans

Amounts made available to a State to carry out the State program under this subpart may be used, in addition to amounts available in accordance with section 3023(c)(1) of this title, for costs of administration of area plans.

(2) Federal share

(A) In general

Notwithstanding section 3024(d)(1)(D) of this title, the Federal share of the cost of carrying out a State program under this subpart shall be 75 percent.

(B) Non-Federal share

The non-Federal share of the cost shall be provided from State and local sources.

(C) Limitation

A State may use not more than 10 percent of the total Federal and non-Federal share available to the State to provide support services to grandparents and older individuals who are relative caregivers.

(Pub. L. 89–73, title III, §373, as added Pub. L. 106–501, title III, §316(2), Nov. 13, 2000, 114 Stat. 2254.)

References in Text

Section 3002(28) of this title, referred to in subsec. (c)(1)(B), probably should be a reference to section 3002(26). Former section 3002(28), which defined "frail" and contained subpars. (A)(i) and (B) specifying conditions, was redesignated section 3002(26) by Pub. L. 106–501, title I, §101(5), Nov. 13, 2000, 114 Stat. 2229. Section 3002(28) defines the term "greatest social need" and does not contain a subpar. (A)(i).

Section 102 of the Developmental Disabilities Assistance and Bill of Rights Act, referred to in subsec. (c)(2), is section 102 of Pub. L. 88–164, which was classified to section 6001 of this title prior to repeal by Pub. L. 106–402, title IV, §401(a), Oct. 30, 2000, 114 Stat. 1737.

Section Referred to in Other Sections

This section is referred to in sections 3030s–2, 3057k–11 of this title.

¹ See References in Text note below.

² So in original.

§3030s–2. Maintenance of effort

Funds made available under this subpart shall supplement, and not supplant, any Federal, State, or local funds expended by a State or unit of general purpose local government (including an area agency on aging) to provide services described in section 3030s–1 of this title.

(Pub. L. 89–73, title III, §374, as added Pub. L. 106–501, title III, §316(2), Nov. 13, 2000, 114 Stat. 2256.)

Section Referred to in Other Sections

This section is referred to in section 3057k–11 of this title.

subpart ii—national innovation programs

§3030s–11. Innovation grant program

(a) In general

The Assistant Secretary shall carry out a program for making grants on a competitive basis to foster the development and testing of new approaches to sustaining the efforts of families and other informal caregivers of older individuals, and to serving particular groups of caregivers of older individuals, including low-income caregivers and geographically distant caregivers and linking family support programs with the State entity or agency that administers or funds programs for persons with mental retardation or related developmental disabilities and their families.

(b) Evaluation and dissemination of results

The Assistant Secretary shall provide for evaluation of the effectiveness of programs and activities funded with grants made under this section, and for dissemination to States of descriptions and evaluations of such programs and activities, to enable States to incorporate successful approaches into their programs carried out under this part.

(c) Sunset provision

This section shall be effective for 3 fiscal years after November 13, 2000.

(Pub. L. 89–73, title III, §375, as added Pub. L. 106–501, title III, §316(2), Nov. 13, 2000, 114 Stat. 2256.)

Section Referred to in Other Sections

This section is referred to in section 3023 of this title.

§3030s–12. Activities of national significance

(a) In general

The Assistant Secretary shall, directly or by grant or contract, carry out activities of national significance to promote quality and continuous improvement in the support provided to family and other informal caregivers of older individuals through program evaluation, training, technical assistance, and research.

(b) Sunset provision

This section shall be effective for 3 fiscal years after November 13, 2000.

(Pub. L. 89–73, title III, §376, as added Pub. L. 106–501, title III, §316(2), Nov. 13, 2000, 114 Stat. 2257.)

Section Referred to in Other Sections

This section is referred to in section 3023 of this title.