Legal corpus: the complete U.S. Code (59,740 sections, all 53 titles)

Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code
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59,740; repo total 105,704 records. Deterministic (byte-identical rerun,
verified on Title 42's 8,356 sections); make check green. make
legal-us-code default now covers every title.

Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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---
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title: "42 U.S.C. § 3003"
description: "Congressional declaration of additional objectives"
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title_number: 42
title_name: "THE PUBLIC HEALTH AND WELFARE"
chapter_number: "35"
chapter_name: "PROGRAMS FOR OLDER AMERICANS"
section: "3003"
citation: "42 U.S.C. § 3003"
status: "current"
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# 42 U.S.C. § 3003 - Congressional declaration of additional objectives
## Text
The Congress finds that millions of older citizens in this Nation are suffering unnecessary harm from the lack of adequate services. It is therefore the purpose of this Act, in support of the objectives of the Older Americans Act of 1965 [42 U.S.C. 3001 et seq.], to—
(1) make available comprehensive programs which include a full range of health, education, and supportive services to our older citizens who need them,
(2) give full and special consideration to older citizens with special needs in planning such programs, and, pending the availability of such programs for all older citizens, give priority to the elderly with the greatest economic and social need.
(3) provide comprehensive programs which will assure the coordinated delivery of a full range of essential services to our older citizens, and, where applicable, also furnish meaningful employment opportunities for many individuals, including older persons, young persons, and volunteers from the community, and
(4) insure that the planning and operation of such programs will be undertaken as a partnership of older citizens, community agencies, and State and local governments, with appropriate assistance from the Federal Government.
(Pub. L. 9329, title I, § 101, May 3, 1973, 87 Stat. 30; Pub. L. 97115, § 3(d), Dec. 29, 1981, 95 Stat. 1597.)
## Notes
Editorial Notes
References in TextThis Act, referred to in text, means Pub. L. 9329, May 3, 1973, 87 Stat. 30, known as the Older Americans Comprehensive Services Amendments of 1973. For complete classification of this Act to the Code, see Short Title of 1973 Amendment note set out under section 3001 of this title and Tables. The Older Americans Act of 1965, referred to in text, is Pub. L. 8973, July 14, 1965, 79 Stat. 218, which is classified generally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 3001 of this title and Tables.
Codification Section was not enacted as part of the Older Americans Act of 1965 which comprises this chapter.
Amendments1981—Par. (1). Pub. L. 97115 substituted “supportive services” for “social services”.
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title_number: 42
title_name: "THE PUBLIC HEALTH AND WELFARE"
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chapter_name: "PROGRAMS FOR OLDER AMERICANS"
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citation: "42 U.S.C. § 3013a"
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# 42 U.S.C. § 3013a - Consultation with State agencies, area agencies on aging, and Native American grant recipients
## Text
The Assistant Secretary shall consult and coordinate with State agencies, area agencies on aging, and recipients of grants under subchapter X in the development of Federal goals, regulations, program instructions, and policies under this chapter.
(Pub. L. 8973, title II, § 203A, as added Pub. L. 102375, title II, § 204, Sept. 30, 1992, 106 Stat. 1211; amended Pub. L. 103171, § 3(a)(13), Dec. 2, 1993, 107 Stat. 1990.)
## Notes
Editorial Notes
Amendments1993—Pub. L. 103171 substituted “Assistant Secretary” for “Commissioner”.
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# 42 U.S.C. § 3014 - Repealed. Pub. L. 97115, § 2(e)(1), Dec. 29, 1981, 95 Stat. 1596
## Notes
Section, Pub. L. 8973, title II, § 204, as added Pub. L. 9329, title II, § 201(c), May 3, 1973, 87 Stat. 32; amended Pub. L. 94135, title I, § 112(a), Nov. 28, 1975, 89 Stat. 719; Pub. L. 95478, title I, § 102(c), (d), title V, § 503(b)(4)(A), Oct. 18, 1978, 92 Stat. 1514, 1559, provided for establishment of a National Information and Resource Clearing House for the Aging.
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title_number: 42
title_name: "THE PUBLIC HEALTH AND WELFARE"
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# 42 U.S.C. § 3015 - Gifts and donations
## Text
(a) Gifts and donations The Assistant Secretary may accept, use, and dispose of, on behalf of the United States, gifts or donations (in cash or in kind, including voluntary and uncompensated services or property), which shall be available until expended for the purposes specified in subsection (b). Gifts of cash and proceeds of the sale of property shall be available in addition to amounts appropriated to carry out this chapter.
(b) Use of gifts and donations Gifts and donations accepted pursuant to subsection (a) may be used either directly, or for grants to or contracts with public or nonprofit private entities, for the following activities:
(1) The design and implementation of demonstrations of innovative ideas and best practices in programs and services for older individuals.
(2) The planning and conduct of conferences for the purpose of exchanging information, among concerned individuals and public and private entities and organizations, relating to programs and services provided under this chapter and other programs and services for older individuals.
(3) The development, publication, and dissemination of informational materials (in print, visual, electronic, or other media) relating to the programs and services provided under this chapter and other matters of concern to older individuals.
(c) Ethics guidelines The Assistant Secretary shall establish written guidelines setting forth the criteria to be used in determining whether a gift or donation should be declined under this section because the acceptance of the gift or donation would—
(1) reflect unfavorably upon the ability of the Administration, the Department of Health and Human Services, or any employee of the Administration or Department, to carry out responsibilities or official duties under this chapter in a fair and objective manner; or
(2) compromise the integrity or the appearance of integrity of programs or services provided under this chapter or of any official involved in those programs or services.
(Pub. L. 8973, title II, § 204, as added Pub. L. 106501, title II, § 202(2), Nov. 13, 2000, 114 Stat. 2230.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 3015, Pub. L. 8973, title II, § 204, formerly § 205, as added Pub. L. 9329, title II, § 201(c), May 3, 1973, 87 Stat. 33; amended Pub. L. 94135, title I, § 101, Nov. 28, 1975, 89 Stat. 713; Pub. L. 95478, title I, § 102(e), title V, § 503(b)(3), (4)(A), Oct. 18, 1978, 92 Stat. 1514, 1559; renumbered § 204 and amended Pub. L. 97115, §§ 2(e)(2), (f), 11(b)(1), Dec. 29, 1981, 95 Stat. 1596, 1606; Pub. L. 98459, title II, § 204, Oct. 9, 1984, 98 Stat. 1769; Pub. L. 100175, title I, §§ 107(b), 108, 182(d), Nov. 29, 1987, 101 Stat. 931, 932, 964; Pub. L. 100628, title VII, § 705(2), Nov. 7, 1988, 102 Stat. 3247; Pub. L. 102375, title II, § 205, title IX, § 904(a)(6), Sept. 30, 1992, 106 Stat. 1211, 1306; Pub. L. 103171, § 3(a)(13), Dec. 2, 1993, 107 Stat. 1990, established a Federal Council on the Aging and provided for its membership, duties, etc., and authorized appropriations for fiscal years 1992 through 1995, prior to repeal by Pub. L. 106501, title II, § 202(2), Nov. 13, 2000, 114 Stat. 2230. A prior section 204 of Pub. L. 8973 was classified to section 3014 of this title prior to repeal by Pub. L. 97115.
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title_number: 42
title_name: "THE PUBLIC HEALTH AND WELFARE"
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# 42 U.S.C. § 3016 - Authority of Assistant Secretary
## Text
(a) Consultative services and technical assistance; short-term training and technical instruction; research and demonstrations; preparation and dissemination of informational materials; staff and technical assistance to Federal Council on the Aging; designation of full-time nutrition professional as administrator of nutrition services (1) In carrying out the objectives of this chapter, the Assistant Secretary is authorized to—
(A) provide consultative services and technical assistance to public or nonprofit private agencies and organizations;
(B) provide short-term training and technical instruction;
(C) conduct research and demonstrations; and
(D) collect, prepare, publish, and disseminate special educational or informational materials, including reports of the projects for which funds are provided under this chapter.
(2) (A) The Assistant Secretary shall designate an officer or employee who shall serve on a full-time basis and who shall be responsible for the administration of the nutrition services described in subparts I and II of part C of subchapter III and shall have duties that include—
(i) designing, implementing, and evaluating evidence-based programs to support improved nutrition and regular physical activity for older individuals;
(ii) developing guidelines for nutrition providers concerning safety, sanitary handling of food, equipment, preparation, and food storage;
(iii) conducting outreach and disseminating evidence-based information to nutrition service providers about the benefits of healthful diets and regular physical activity, including information about the most current Dietary Guidelines for Americans published under section 5341 of title 7, the Food Guidance System of the Department of Agriculture, and advances in nutrition science;
(iv) promoting coordination between nutrition service providers and community-based organizations serving older individuals;
(v) developing guidelines on cost containment;
(vi) defining a long range role for the nutrition services in community-based care systems;
(vii) developing model menus and other appropriate materials for serving special needs populations and meeting cultural meal preferences;
(viii) disseminating guidance that describes strategies for improving the nutritional quality of meals provided under subchapter III, including strategies for increasing the consumption of whole grains, lowfat dairy products, fruits, and vegetables;
(ix) developing and disseminating guidelines for conducting nutrient analyses of meals provided under subparts I and II of part C of subchapter III, including guidelines for averaging key nutrients over an appropriate period of time; and
(x) providing technical assistance to the regional offices of the Administration with respect to each duty described in clauses (i) through (ix).
(B) The regional offices of the Administration shall be responsible for disseminating, and providing technical assistance regarding, the guidelines and information described in clauses (ii), (iii), and (v) of subparagraph (A) to State agencies, area agencies on aging, and persons that provide nutrition services under part C of subchapter III.
(C) The Assistant Secretary may provide technical assistance, including through the regional offices of the Administration, to State agencies, area agencies on aging, local government agencies, or leaders in age-friendly communities (as defined, for purposes of this subparagraph, in section 3013(c)(9) of this title) regarding—
(i) dissemination of, or consideration of ways to implement, best practices and recommendations from the Interagency Coordinating Committee on Healthy Aging and Age-Friendly Communities established under section 3013(c) of this title; and
(ii) methods for managing and coordinating existing programs to meet the needs of growing age-friendly communities.
(D) The officer or employee designated under subparagraph (A) shall—
(i) have expertise in nutrition, energy balance, and meal planning; and
(ii) be a registered dietitian or registered dietitian nutritionist.
(b) Utilization of services and facilities of Federal and other public or nonprofit agencies; advance or reimbursement payments for such use In administering the functions of the Administration under this chapter, the Assistant Secretary may utilize the services and facilities of any agency of the Federal Government and of any other public or nonprofit agency or organization, in accordance with agreements between the Assistant Secretary and the head thereof, and is authorized to pay therefor, in advance or by way of reimbursement, as may be provided in the agreement.
(Pub. L. 8973, title II, § 205, formerly § 206, as added Pub. L. 9329, title II, § 201(c), May 3, 1973, 87 Stat. 34; amended Pub. L. 95478, title I, § 102(f), Oct. 18, 1978, 92 Stat. 1515; renumbered § 205 and amended Pub. L. 97115, § 2(e)(2), (g), Dec. 29, 1981, 95 Stat. 1596; Pub. L. 98459, title II, § 205, Oct. 9, 1984, 98 Stat. 1770; Pub. L. 100175, title I, §§ 109, 110, Nov. 29, 1987, 101 Stat. 932; Pub. L. 102375, title II, § 206, title IX, § 904(a)(7), Sept. 30, 1992, 106 Stat. 1212, 1306; Pub. L. 103171, § 3(a)(13), Dec. 2, 1993, 107 Stat. 1990; Pub. L. 106501, title II, § 202(3), title VIII, § 801(b)(3), Nov. 13, 2000, 114 Stat. 2231, 2292; Pub. L. 109365, title II, § 204, Oct. 17, 2006, 120 Stat. 2535; Pub. L. 114144, § 3(c), Apr. 19, 2016, 130 Stat. 337; Pub. L. 116131, title I, §§ 124(c), 125, Mar. 25, 2020, 134 Stat. 250, 251.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 205 of Pub. L. 8973 was renumbered section 204 and is classified to section 3015 of this title.
Amendments2020—Subsec. (a)(2)(C). Pub. L. 116131, § 124(c)(2), added subpar. (C). Former subpar. (C) redesignated (D). Subsec. (a)(2)(D). Pub. L. 116131, § 124(c)(1), redesignated subpar. (C) as (D). Subsec. (a)(2)(D)(ii). Pub. L. 116131, § 125, amended cl. (ii) generally. Prior to amendment, cl. (ii) read as follows: “(I) be a registered dietitian; “(II) be a credentialed nutrition professional; or “(III) have education and training that is substantially equivalent to the education and training for a registered dietitian or a credentialed nutrition professional.” 2016—Subsec. (c). Pub. L. 114144 struck out subsec. (c). Text read as follows: “For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary.” 2006—Subsec. (a)(1)(C) to (E). Pub. L. 109365, § 204(1)(A), in subpar. (C) inserted “and” at end, in subpar. (D) substituted period for “; and” at end, and struck out subpar. (E) which read as follows: “provide staff and other technical assistance to the Federal Council on the Aging.” Subsec. (a)(2)(A)(i). Pub. L. 109365, § 204(1)(B)(i)(I), amended cl. (i) generally. Prior to amendment, cl. (i) read as follows: “designing, implementing, and evaluating nutrition programs;”. Subsec. (a)(2)(A)(iii). Pub. L. 109365, § 204(1)(B)(i)(II), amended cl. (iii) generally. Prior to amendment, cl. (iii) read as follows: “disseminating information to nutrition service providers about nutrition advancements and developments;”. Subsec. (a)(2)(A)(viii) to (x). Pub. L. 109365, § 204(1)(B)(i)(III), (IV), added cls. (viii) to (x) and struck out former cl. (viii) which read as follows: “providing technical assistance to the regional offices of the Administration with respect to each duty described in clauses (i) through (vii).” Subsec. (a)(2)(C)(i). Pub. L. 109365, § 204(1)(B)(ii), amended cl. (i) generally. Prior to amendment, cl. (i) read as follows: “have expertise in nutrition and dietary services and planning; and”. 2000—Subsec. (a)(2)(A). Pub. L. 106501, § 801(b)(3), substituted “subparts I and II” for “subparts I, II, and III” in introductory provisions. Subsecs. (c) to (e). Pub. L. 106501, § 202(3), redesignated subsec. (e) as (c) and struck out former subsecs. (c) and (d) which read as follows: “(c) Not later than 120 days after October 9, 1987, the Secretary shall issue and publish in the Federal Register proposed regulations for the administration of this chapter. After allowing a reasonable period for public comment on such proposed rules and not later than 90 days after such publication, the Secretary shall issue, in final form, regulations for the administration of this chapter. “(d) Not later than September 1 of each fiscal year, the Assistant Secretary shall make available to the public, for the purpose of facilitating informed public comment, a statement of proposed specific goals to be achieved by implementing this chapter in the first fiscal year beginning after the date on which such statement is made available.” 1993—Subsecs. (a), (b), (d). Pub. L. 103171 substituted “Assistant Secretary” for “Commissioner” wherever appearing. 1992—Subsec. (a). Pub. L. 102375 designated existing provisions as par. (1), substituted “objectives” for “purposes” and “to—” for “to:” in introductory provisions, redesignated former pars. (1) to (5) as subpars. (A) to (E), respectively, and added par. (2). 1987—Subsec. (c). Pub. L. 100175, § 109, substituted “October 9, 1987” for “October 9, 1984”. Subsecs. (d), (e). Pub. L. 100175, § 110, added subsec. (d) and redesignated former subsec. (d) as (e). 1984—Subsec. (b). Pub. L. 98459, § 205(a), substituted “the functions of the Administration” for “his functions”. Subsecs. (c), (d). Pub. L. 98459, § 205(b), added subsec. (c) and redesignated former subsec. (c) as (d). 1981—Subsecs. (b) to (d). Pub. L. 97115, § 2(g), struck out subsec. (b) providing that a report be prepared and submitted to Congress by the Commissioner not later than Sept. 30, 1980, and redesignated subsecs. (c) and (d) as (b) and (c), respectively. 1978—Subsecs. (b) to (d). Pub. L. 95478 added subsec. (b) and redesignated existing subsecs. (b) and (c) as (c) and (d).
Statutory Notes and Related Subsidiaries
Effective Date of 1987 AmendmentAmendment by Pub. L. 100175 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. 100175, set out as a note under section 3001 of this title.
Effective Date of 1984 AmendmentAmendment by Pub. L. 98459 effective Oct. 9, 1984, see section 803(a) of Pub. L. 98459, set out as a note under section 3001 of this title.
Effective Date of 1978 AmendmentAmendment by Pub. L. 95478 effective at close of Sept. 30, 1978, see section 504 of Pub. L. 95478, set out as a note under section 3001 of this title.
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# 42 U.S.C. § 3018 - Reports to Congress
## Text
(a) Annual report Not later than one hundred and twenty days after the close of each fiscal year, the Assistant Secretary shall prepare and submit to the President and to the Congress a full and complete report on the activities carried out under this chapter. Such annual reports shall include—
(1) statistical data reflecting services and activities provided to individuals during the preceding fiscal year;
(2) statistical data collected under section 3012(a)(16) of this title;
(3) statistical data and an analysis of information regarding the effectiveness of the State agency and area agencies on aging in targeting services to older individuals with greatest economic need and older individuals with greatest social need, with particular attention to low-income minority individuals, older individuals residing in rural areas, low-income individuals, and frail individuals (including individuals with any physical or mental functional impairment); and
(4) a description of the implementation of the plan required by section 3012(a)(14) of this title.
(b) Report on ombudsman program (1) Not later than March 1 of each year, the Assistant Secretary shall compile a report—
(A) summarizing and analyzing the data collected under subchapters III and XI in accordance with section 3058g(c) of this title for the then most recently concluded fiscal year;
(B) identifying significant problems and issues revealed by such data (with special emphasis on problems relating to quality of care and residents rights);
(C) discussing current issues concerning the long-term care ombudsman programs of the States; and
(D) making recommendations regarding legislation and administrative actions to resolve such problems.
(2) The Assistant Secretary shall submit the report required by paragraph (1) to—
(A) the Special Committee on Aging of the Senate;
(B) the Committee on Education and Labor of the House of Representatives; and
(C) the Committee on Health, Education, Labor, and Pensions of the Senate.
(3) The Assistant Secretary shall provide the report required by paragraph (1), and make the State reports required under subchapters III and XI in accordance with section 3058g(h)(1) of this title available, to—
(A) the Administrator of the Centers for Medicare & Medicaid Services;
(B) the Office of the Inspector General of the Department of Health and Human Services;
(C) the Office of Civil Rights of the Department of Health and Human Services;
(D) the Secretary of Veterans Affairs; and
(E) each public agency or private organization designated as an Office of the State Long-Term Care Ombudsman under subchapter III or XI in accordance with section 3058g(a)(4)(A) of this title.
(c) Outreach activities; report on evaluations to be included in annual report The Assistant Secretary shall, as part of the annual report submitted under subsection (a), prepare and submit a report on the outreach activities supported under this chapter, together with such recommendations as the Assistant Secretary deems appropriate. In carrying out this subsection, the Assistant Secretary shall consider—
(1) the number of older individuals reached through the activities;
(2) the dollar amount of the assistance and benefits received by older individuals as a result of such activities;
(3) the cost of such activities in terms of the number of individuals reached and the dollar amount described in paragraph (2);
(4) the effect of such activities on supportive services and nutrition services furnished under subchapter III of this chapter; and
(5) the effectiveness of State and local efforts to target older individuals with greatest economic need (including low-income minority individuals and older individuals residing in rural areas) and older individuals with greatest social need (including low-income minority individuals and older individuals residing in rural areas) to receive services under this chapter.
(d) Evaluation to Congress The Assistant Secretary shall provide the evaluation required under section 3017(b) of this title to—
(1) the Committee on Health, Education, Labor, and Pensions of the Senate;
(2) the Committee on Appropriations of the Senate;
(3) the Special Committee on Aging of the Senate;
(4) the Committee on Education and Labor of the House of Representatives; and
(5) the Committee on Appropriations of the House of Representatives.
(Pub. L. 8973, title II, § 207, formerly § 208, as added Pub. L. 9329, title II, § 201(c), May 3, 1973, 87 Stat. 35; renumbered § 207, Pub. L. 97115, § 2(e)(2), Dec. 29, 1981, 95 Stat. 1596; amended Pub. L. 98459, title II, § 207, Oct. 9, 1984, 98 Stat. 1770; Pub. L. 100175, title I, §§ 103(b), (c), 155(f), Nov. 29, 1987, 101 Stat. 928, 929, 954; Pub. L. 10254, § 13(q)(9)(A), June 13, 1991, 105 Stat. 281; Pub. L. 102375, title II, § 208, title VII, § 708(a)(2)(A), (c)(2), title IX, § 904(a)(8), Sept. 30, 1992, 106 Stat. 1214, 1292, 1306; Pub. L. 103171, § 3(a)(13), Dec. 2, 1993, 107 Stat. 1990; Pub. L. 103437, § 15(l), Nov. 2, 1994, 108 Stat. 4593; Pub. L. 106501, title II, § 204, title VIII, § 801(b)(4), Nov. 13, 2000, 114 Stat. 2234, 2292; Pub. L. 109365, title II, § 206, Oct. 17, 2006, 120 Stat. 2535; Pub. L. 114144, § 3(d), Apr. 19, 2016, 130 Stat. 337; Pub. L. 116131, title I, § 127(c), title VII, § 701(4), (5), Mar. 25, 2020, 134 Stat. 253, 271.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 207 of Pub. L. 8973 was renumbered section 206 and is classified to section 3017 of this title.
Amendments2020—Subsec. (b)(2)(B). Pub. L. 116131, § 701(4), substituted “Committee on Education and Labor” for “Committee on Education and the Workforce”. Subsec. (b)(3)(A). Pub. L. 116131, § 701(5), substituted “Administrator of the Centers for Medicare & Medicaid Services” for “Administrator of the Health Care Finance Administration”. Subsec. (d). Pub. L. 116131, § 127(c), added subsec. (d). 2016—Subsec. (a)(2). Pub. L. 114144, § 3(d)(1), substituted “3012(a)(16)” for “3012(a)(19)”. Subsec. (a)(4). Pub. L. 114144, § 3(d)(2), substituted “3012(a)(14)” for “3012(a)(17)”. 2006—Subsec. (b)(2)(B). Pub. L. 109365, § 206(1), substituted “the Workforce” for “Labor”. Subsec. (b)(2)(C). Pub. L. 109365, § 206(2), substituted “Health, Education, Labor, and Pensions” for “Labor and Human Resources”. 2000—Subsec. (a)(3). Pub. L. 106501, § 801(b)(4), redesignated par. (4) as (3) and struck out former par. (3) which read as follows: “an analysis of the information received under section 3026(b)(2)(D) of this title by the Assistant Secretary;”. Subsec. (a)(4). Pub. L. 106501, § 801(b)(4)(B), redesignated par. (5) as (4). Pub. L. 106501, § 204(1), inserted “older individuals residing in rural areas,” after “low-income minority individuals,”. Subsec. (a)(5). Pub. L. 106501, § 801(b)(4)(B), redesignated par. (5) as (4). Subsec. (c)(5). Pub. L. 106501, § 204(2), inserted “and older individuals residing in rural areas” after “low-income minority individuals” in two places. 1994—Subsec. (b)(2). Pub. L. 103437 redesignated subpars. (B) to (D) as (A) to (C), respectively, and struck out former subpar. (A) which read as follows: “the Select Committee on Aging of the House of Representatives;”. 1993—Pub. L. 103171 substituted “Assistant Secretary” for “Commissioner” wherever appearing. 1992—Subsec. (a)(4). Pub. L. 102375, § 904(a)(8), substituted “greatest economic need and older individuals with greatest social need” for “the greatest economic or social needs”. Subsec. (a)(5). Pub. L. 102375, § 208(a), added par. (5). Subsec. (b)(1). Pub. L. 102375, § 208(b), substituted “March 1” for “January 15” in introductory provisions. Subsec. (b)(1)(A). Pub. L. 102375, § 708(a)(2)(A)(i), substituted “subchapters III and XI in accordance with section 3058g(c) of this title” for “section 3027(a)(12)(C) of this title”. Subsec. (b)(3). Pub. L. 102375, § 708(a)(2)(A)(ii)(I), substituted “under subchapters III and XI in accordance with section 3058g(h)(1) of this title” for “by section 3027(a)(12)(H)(i) of this title”. Subsec. (b)(3)(E). Pub. L. 102375, § 708(a)(2)(A)(ii)(II), added subpar. (E) and struck out former subpar. (E) which read as follows: “the public agencies and private organizations designated under section 3027(a)(12)(A) of this title.” Subsec. (c). Pub. L. 102375, § 708(c)(2)(A), substituted “on the outreach activities supported under this chapter” for “on the evaluations required to be submitted under section 3027(a)(31)(D) of this title”. Subsec. (c)(1). Pub. L. 102375, § 708(c)(2)(B), substituted “the activities” for “outreach activities supported under section 3026(a)(6)(P) of this title”. Subsec. (c)(5). Pub. L. 102375, § 208(c), added par. (5). 1991—Subsec. (b)(3)(D). Pub. L. 10254 substituted “Secretary of Veterans Affairs” for “Administrator of the Veterans Administration”. 1987—Subsec. (a). Pub. L. 100175, § 103(b), amended last sentence generally. Prior to amendment, last sentence read as follows: “Such annual reports shall include statistical data reflecting services and activities provided individuals during the preceding fiscal year.” Subsec. (b). Pub. L. 100175, § 103(c), added subsec. (b) and struck out former subsec. (b) which read as follows: “Not later than 2 years after October 9, 1984, the Commissioner shall prepare and submit a report to the Congress on the extent to which the need for services for the prevention of the abuse of individuals is unmet, based on information gathered pursuant to section 3026(a)(6)(J) of this title.” Subsec. (c). Pub. L. 100175, § 155(f), added subsec. (c). 1984—Pub. L. 98459 designated existing provisions as subsec. (a), substituted “submit to the President and to the Congress” for “submit to the President for transmittal to the Congress”, and added subsec. (b).
Statutory Notes and Related Subsidiaries
Change of Name Committee on Education and Labor of House of Representatives changed to Committee on Education and the Workforce of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.
Effective Date of 1992 AmendmentAmendment by section 708(a)(2)(A) and (c)(2) of Pub. L. 102375 inapplicable with respect to fiscal year 1993, see section 4(b) of Pub. L. 103171, set out as a note under section 3001 of this title. Amendment by section 708(a)(2)(A) and (c)(2) of Pub. L. 102375 inapplicable with respect to fiscal year 1992, see section 905(b)(6) of Pub. L. 102375, set out as a note under section 3001 of this title.
Effective Date of 1987 AmendmentAmendment by Pub. L. 100175 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. 100175, set out as a note under section 3001 of this title.
Effective Date of 1984 AmendmentAmendment by Pub. L. 98459 effective Oct. 9, 1984, see section 803(a) of Pub. L. 98459, set out as a note under section 3001 of this title.
@@ -0,0 +1,41 @@
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# 42 U.S.C. § 3019 - Joint funding of projects
## Text
Pursuant to regulations prescribed by the President, and to the extent consistent with the other provisions of this chapter, where funds are provided for a single project by more than one Federal agency to any agency or organization assisted under this chapter, the Federal agency principally involved may be designated to act for all in administering the funds provided. In such cases, a single non-Federal share requirement may be established according to the proportion of funds advanced by each Federal agency, and any such agency may waive any technical grant or contract requirement (as defined by such regulations) which is inconsistent with the similar requirements of the administering agency or which the administering agency does not impose.
(Pub. L. 8973, title II, § 208, formerly § 209, as added Pub. L. 9329, title II, § 201(c), May 3, 1973, 87 Stat. 35; renumbered § 208, Pub. L. 97115, § 2(e)(2), Dec. 29, 1981, 95 Stat. 1596.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 208 of Pub. L. 8973 was renumbered section 207 and is classified to section 3018 of this title. Provisions similar to those comprising this section were contained in Pub. L. 8973, title VIII, § 805, formerly title VII, § 705, as added Pub. L. 9169, § 13, Sept. 17, 1969, 83 Stat. 114; renumbered title VIII, § 805, Pub. L. 92258, § 1, Mar. 22, 1972, 86 Stat. 88, which was classified to section 3055 of this title, prior to repeal by Pub. L. 9329, § 202.
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# 42 U.S.C. § 3020 - Advance funding
## Text
(a) For the purpose of affording adequate notice of funding available under this chapter, appropriations under this chapter are authorized to be included in the appropriation Act for the fiscal year preceding the fiscal year for which they are available for obligation.
(b) In order to effect a transition to the advance funding method of timing appropriation action, subsection (a) shall apply notwithstanding that its initial application will result in the enactment in the same year (whether in the same appropriation Act or otherwise) of two separate appropriations, one for the then current fiscal year and one for the succeeding fiscal year.
(Pub. L. 8973, title II, § 209, formerly § 210, as added Pub. L. 9329, title II, § 201(c), May 3, 1973, 87 Stat. 36; renumbered § 209 and amended Pub. L. 97115, § 2(e)(2), (i), Dec. 29, 1981, 95 Stat. 1596.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 209 of Pub. L. 8973 was renumbered section 208 and is classified to section 3019 of this title.
Amendments1981—Subsec. (b). Pub. L. 97115, § 2(i), substituted “subsection (a) shall apply” for “the amendment made by subsection (a) shall apply”.
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# 42 U.S.C. § 3020a - Application of other laws; costs of projects under this chapter not treated as income or benefits under other laws
## Text
(a) The provisions and requirements of chapter 71 of title 31 shall not apply to the administration of the provisions of this chapter or to the administration of any program or activity under this chapter.
(b) No part of the costs of any project under any subchapter of this chapter may be treated as income or benefits to any eligible individual (other than any wage or salary to such individual) for the purpose of any other program or provision of Federal or State law.
(Pub. L. 8973, title II, § 210, formerly § 211, as added Pub. L. 94135, title I, § 102, Nov. 28, 1975, 89 Stat. 713; amended Pub. L. 95478, title I, § 102(h), Oct. 18, 1978, 92 Stat. 1515; renumbered § 210 and amended Pub. L. 97115, § 2(e)(2), (j), Dec. 29, 1981, 95 Stat. 1596.)
## Notes
Editorial Notes
Codification In subsec. (a), “chapter 71 of title 31” substituted for “the Act of December 5, 1974 (Public Law 93510; 88 Stat. 1604) [42 U.S.C. 4251 et seq.]” on authority of Pub. L. 97258, § 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance.
Prior ProvisionsA prior section 210 of Pub. L. 8973 was renumbered section 209 and is classified to section 3020 of this title.
Amendments1981—Subsec. (a). Pub. L. 97115, § (2)(j), struck out “and section 1469a of title 48” after “chapter 52A of this chapter”. 1978—Subsec. (a). Pub. L. 95478, § 102(h)(1), (2), designated existing provisions as subsec. (a) and provided for nonapplication of provisions relating to Congressional declaration of policy respecting “Insular Areas”. Subsec. (b). Pub. L. 95478, § 102(h)(1), added subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 1978 AmendmentAmendment by Pub. L. 95478 effective at close of Sept. 30, 1978, see section 504 of Pub. L. 95478, set out as a note under section 3001 of this title.
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# 42 U.S.C. § 3020b - Reduction of paperwork
## Text
In order to reduce unnecessary, duplicative, or disruptive demands for information, the Assistant Secretary, in consultation with State agencies and other appropriate agencies and organizations, shall continually review and evaluate all requests by the Administration for information under this chapter and take such action as may be necessary to reduce the paperwork required under this chapter. The Assistant Secretary shall request only such information as the Assistant Secretary deems essential to carry out the objectives and provisions of this chapter and, in gathering such information, shall make use of uniform service definitions to the extent that such definitions are available.
(Pub. L. 8973, title II, § 211, formerly § 212, as added Pub. L. 95478, title I, § 102(i), Oct. 18, 1978, 92 Stat. 1515; renumbered § 211, Pub. L. 97115, § 2(e)(2), Dec. 29, 1981, 95 Stat. 1596; amended Pub. L. 98459, title II, § 208, Oct. 9, 1984, 98 Stat. 1771; Pub. L. 102375, title I, § 102(b)(1)(A), (9)(A), title IX, § 904(a)(9), Sept. 30, 1992, 106 Stat. 1200, 1201, 1306; Pub. L. 103171, §§ 2(6), 3(a)(13), Dec. 2, 1993, 107 Stat. 1988, 1990.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 211 of Pub. L. 8973 was renumbered section 210 and is classified to section 3020a of this title.
Amendments1993—Pub. L. 103171 substituted “Assistant Secretary” for “Commissioner” wherever appearing and “State agencies” for “State agencies,”. 1992—Pub. L. 102375, § 904(a)(9), substituted “objectives” for “purposes” in last sentence. Pub. L. 102375, § 102(b)(9)(A), struck out “designated under section 3025(a)(1) of this title” after “in consultation with State agencies”. Pub. L. 102375, § 102(b)(1)(A), substituted “Administration” for “Administration on Aging”. 1984—Pub. L. 98459 inserted provision requiring the Commissioner, in gathering information, to make use of uniform service definitions to the extent that such definitions are available.
Statutory Notes and Related Subsidiaries
Effective Date of 1984 AmendmentAmendment by Pub. L. 98459 effective Oct. 9, 1984, see section 803(a) of Pub. L. 98459, set out as a note under section 3001 of this title.
Effective DateSection effective at close of Sept. 30, 1978, see section 504 of Pub. L. 95478, set out as an Effective Date of 1978 Amendment note under section 3001 of this title.
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# 42 U.S.C. § 3020c - Contracting and grant authority; private pay relationships; appropriate use of funds
## Text
(a) In general Subject to subsection (b), this chapter shall not be construed to prevent a recipient of a grant or a contract under this chapter (other than subchapter IX) from entering into an agreement with a profitmaking organization for the recipient to provide services to individuals or entities not otherwise receiving services under this chapter, provided that—
(1) if funds provided under this chapter to such recipient are initially used by the recipient to pay part or all of a cost incurred by the recipient in developing and carrying out such agreement, such agreement guarantees that the cost is reimbursed to the recipient;
(2) if such agreement provides for the provision of 1 or more services, of the type provided under this chapter by or on behalf of such recipient, to an individual or entity seeking to receive such services—
(A) the individuals and entities may only purchase such services at their fair market rate;
(B) all costs incurred by the recipient in providing such services (and not otherwise reimbursed under paragraph (1)), are reimbursed to such recipient; and
(C) the recipient reports the rates for providing such services under such agreement in accordance with subsection (c) and the rates are consistent with the prevailing market rate for provision of such services in the relevant geographic area as determined by the State agency or area agency on aging (as applicable); and
(3) any amount of payment to the recipient under the agreement that exceeds reimbursement under this subsection of the recipients costs is used to provide, or support the provision of, services under this chapter.
(b) Ensuring appropriate use of funds An agreement described in subsection (a) may not—
(1) be made without the prior approval of the State agency (or, in the case of a grantee under subchapter X, without the prior recommendation of the Director of the Office for American Indian, Alaska Native, and Native Hawaiian Aging and the prior approval of the Assistant Secretary), after timely submission of all relevant documents related to the agreement including information on all costs incurred;
(2) directly or indirectly provide for, or have the effect of, paying, reimbursing, subsidizing, or otherwise compensating an individual or entity in an amount that exceeds the fair market value of the services subject to such agreement;
(3) result in the displacement of services otherwise available to an older individual with greatest social need, an older individual with greatest economic need, or an older individual who is at risk for institutional placement; or
(4) in any other way compromise, undermine, or be inconsistent with the objective of serving the needs of older individuals, as determined by the Assistant Secretary.
(c) Monitoring and reporting To ensure that any agreement described in subsection (a) complies with the requirements of this section and other applicable provisions of this chapter, the Assistant Secretary shall develop and implement uniform monitoring procedures and reporting requirements consistent with the provisions of subparagraphs (A) through (E) of section 3026(a)(13) of this title in consultation with the State agencies and area agencies on aging. The Assistant Secretary shall annually prepare and submit to the chairpersons and ranking members of the appropriate committees of Congress a report analyzing all such agreements, and the costs incurred and services provided under the agreements. This report shall contain information on the number of the agreements per State, summaries of all the agreements, and information on the type of organizations participating in the agreements, types of services provided under the agreements, and the net proceeds from, and documentation of funds spent and reimbursed, under the agreements.
(d) Timely reimbursement All reimbursements made under this section shall be made in a timely manner, according to standards specified by the Assistant Secretary.
(e) Cost In this section, the term “cost” means an expense, including an administrative expense, incurred by a recipient in developing or carrying out an agreement described in subsection (a), whether the recipient contributed funds, staff time, or other plant, equipment, or services to meet the expense.
(Pub. L. 8973, title II, § 212, formerly § 213, as added Pub. L. 95478, title I, § 102(i), Oct. 18, 1978, 92 Stat. 1516; amended Pub. L. 9735, title VI, § 606(c), Aug. 13, 1981, 95 Stat. 486; renumbered § 212, Pub. L. 97115, § 2(e)(2), Dec. 29, 1981, 95 Stat. 1596; Pub. L. 100175, title I, § 107(c), Nov. 29, 1987, 101 Stat. 931; Pub. L. 103171, § 3(a)(4), Dec. 2, 1993, 107 Stat. 1990; Pub. L. 109365, title II, § 207, Oct. 17, 2006, 120 Stat. 2536.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 212 of Pub. L. 8973 was renumbered section 211 and is classified to section 3020b of this title.
Amendments2006—Pub. L. 109365 amended section generally. Prior to amendment, text read as follows: “None of the provisions of this chapter shall be construed to prevent a recipient of a grant or a contract from entering into an agreement, subject to the approval of the State agency (or in the case of a grantee under subchapter X of this chapter, subject to the recommendation of the Director of the Office for American Indian, Alaskan Native, and Native Hawaiian Aging and the approval of the Assistant Secretary), with a profitmaking organization to carry out the provisions of this chapter and of the appropriate State plan.” 1993—Pub. L. 103171 substituted “Director of the Office for” for “Associate Commissioner on” and “Assistant Secretary” for “Commissioner”. 1987—Pub. L. 100175 inserted “(or in the case of a grantee under subchapter X of this chapter, subject to the recommendation of the Associate Commissioner on American Indian, Alaskan Native, and Native Hawaiian Aging and the approval of the Commissioner)” after “State agency”. 1981—Pub. L. 9735 struck out provisions respecting demonstration of superiority by the organization.
Statutory Notes and Related Subsidiaries
Effective Date of 1987 AmendmentAmendment by Pub. L. 100175 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. 100175, set out as a note under section 3001 of this title.
Effective DateSection effective at close of Sept. 30, 1978, see section 504 of Pub. L. 95478, set out as an Effective Date of 1978 Amendment note under section 3001 of this title.
@@ -0,0 +1,49 @@
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# 42 U.S.C. § 3020d - Surplus property eligibility
## Text
Any State or local government agency, and any nonprofit organization or institution, which receives funds appropriated for programs for older individuals under this chapter, under title IV or title XX of the Social Security Act [42 U.S.C. 601 et seq., 1397 et seq.], or under titles VIII and X of the Economic Opportunity Act of 1964 [42 U.S.C. 2991 et seq., 2996 et seq.] and the Community Services Block Grant Act [42 U.S.C. 9901 et seq.], shall be deemed eligible to receive for such programs, property which is declared surplus to the needs of the Federal Government in accordance with laws applicable to surplus property.
(Pub. L. 8973, title II, § 213, formerly § 214, as added Pub. L. 95478, title I, § 102(i), Oct. 18, 1978, 92 Stat. 1516; renumbered § 213 and amended Pub. L. 97115, § 2(e)(2), (k), Dec. 29, 1981, 95 Stat. 1596.)
## Notes
Editorial Notes
References in TextThe Social Security Act, referred to in text, is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as Titles IV and XX of the Social Security Act are classified generally to subchapters IV (§ 601 et seq.) and XX (§ 1397 et seq.), respectively, of chapter 7 of this title. For complete classification of this Act to the Code, see section 1305 of this title and Tables. The Economic Opportunity Act of 1964, referred to in text, is Pub. L. 88452, Aug. 20, 1964, 78 Stat. 508, which was classified generally to chapter 34 (§ 2701 et seq.) of this title prior to repeal, except for titles VIII and X, by Pub. L. 9735, title VI, § 683(a), Aug. 13, 1981, 95 Stat. 519. Titles VIII and X of the Economic Opportunity Act of 1964 are classified generally to subchapters VIII (§ 2991 et seq.) and X (§ 2996 et seq.) of chapter 34 of this title. For complete classification of this Act to the Code, see Tables. The Community Services Block Grant Act, referred to in text, is subtitle B (§ 671 et seq.) of title VI of Pub. L. 9735, Aug. 13, 1981, 95 Stat. 511, which is classified generally to chapter 106 (§ 9901 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 9901 of this title and Tables.
Prior ProvisionsA prior section 213 of Pub. L. 8973 was renumbered section 212 and is classified to section 3020c of this title.
Amendments1981—Pub. L. 97115, § 2(k), substituted “titles VIII and X of the Economic Opportunity Act of 1964 and the Community Services Block Grant Act” for “the Economic Opportunity Act of 1964”.
Statutory Notes and Related Subsidiaries
Effective DateSection effective at close of Sept. 30, 1978, see section 504 of Pub. L. 95478, set out as an Effective Date of 1978 Amendment note under section 3001 of this title.
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# 42 U.S.C. § 3020e1 - Pension counseling and information programs
## Text
(a) Definitions In this section:
(1) 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) employee pension benefit plans as defined in section 1002(2) of title 29.
(2) Pension counseling and information program The term “pension counseling and information program” means a program described in subsection (b).
(b) Program authorized The Assistant Secretary shall award grants to eligible entities to establish and carry out pension counseling and information programs that create or continue a sufficient number of pension assistance and counseling programs to provide outreach, information, counseling, referral, and other assistance regarding pension and other retirement benefits, and rights related to such benefits, to individuals in the United States.
(c) Eligible entities The Assistant Secretary shall award grants under this section to—
(1) State agencies or area agencies on aging; and
(2) nonprofit organizations with a proven record of providing—
(A) services related to retirement of older individuals;
(B) services to Native Americans; or
(C) specific pension counseling.
(d) Citizen advisory panel The Assistant Secretary shall establish a citizen advisory panel to advise the Assistant Secretary regarding which entities should receive grant awards under this section. Such panel shall include representatives of business, labor, national senior advocates, and national pension rights advocates. The Assistant Secretary shall consult such panel prior to awarding grants under this section.
(e) 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 require, including—
(1) a plan to establish a pension counseling and information program that—
(A) establishes or continues a State or area pension counseling and information program;
(B) serves a specific geographic area;
(C) provides counseling (including direct counseling and assistance to individuals who need information regarding pension and other retirement benefits) and information that may assist individuals in obtaining, or establishing rights to, and filing claims or complaints regarding, pension and other retirement benefits;
(D) provides information on sources of pension and other retirement benefits;
(E) establishes a system to make referrals for legal services and other advocacy programs;
(F) establishes a system of referral to Federal, State, and local departments or agencies related to pension and other retirement benefits;
(G) provides a sufficient number of staff positions (including volunteer positions) to ensure information, counseling, referral, and assistance regarding pension and other retirement benefits;
(H) provides training programs for staff members, including volunteer staff members, of pension and other retirement benefits programs;
(I) makes recommendations to the Administration, the Department of Labor and other Federal, State, and local agencies concerning issues for older individuals related to pension and other retirement benefits; and
(J) establishes or continues an outreach program to provide information, counseling, referral and assistance regarding pension and other retirement benefits, with particular emphasis on outreach to women, minorities, older individuals residing in rural areas, low-income retirees, and older individuals with limited English proficiency; and
(2) an assurance that staff members (including volunteer staff members) have no conflict of interest in providing the services described in the plan described in paragraph (1).
(f) Criteria The Assistant Secretary shall consider the following criteria in awarding grants under this section:
(1) Evidence of a commitment by the entity to carry out a proposed pension counseling and information program.
(2) The ability of the entity to perform effective outreach to affected populations, particularly populations with limited English proficiency and other populations that are identified as in need of special outreach.
(3) Reliable information that the population to be served by the entity has a demonstrable need for the services proposed to be provided under the program.
(4) The ability of the entity to provide services under the program on a statewide or regional basis.
(g) Training and technical assistance program (1) In general The Assistant Secretary shall award grants to eligible entities to establish training and technical assistance programs that shall provide information and technical assistance to the staffs of entities operating pension counseling and information programs described in subsection (b), and general assistance to such entities, including assistance in the design of program evaluation tools.
(2) Eligible entities Entities that are eligible to receive a grant under this subsection include nonprofit private organizations with a record 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.
(h) Pension assistance hotline and intragency coordination (1) Hotline The Assistant Secretary shall enter into agreements with other Federal agencies to establish and administer a national telephone hotline that shall provide information regarding pension and other retirement benefits, and rights related to such benefits.
(2) Content Such hotline described in paragraph (1) shall provide information for individuals (including individuals with limited English proficiency) seeking outreach, information, counseling, referral, and assistance regarding pension and other retirement benefits, and rights related to such benefits.
(3) Agreements The Assistant Secretary may enter into agreements with the Secretary of Labor and the heads of other Federal agencies that regulate the provision of pension and other retirement benefits in order to carry out this subsection.
(i) Report to Congress Not later than 30 months after November 13, 2000, the Assistant Secretary shall submit to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor and Pensions of the Senate a report that—
(1) summarizes the distribution of funds authorized for grants under this section and the expenditure of such funds;
(2) 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;
(3) outlines the problems that individuals participating in programs funded under this section encountered concerning rights related to pension and other retirement benefits; and
(4) 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.
(j) Administrative expenses Of the funds appropriated under section 3020f 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.
(k) National Resource Center for Women and Retirement (1) The Assistant Secretary shall, directly or by grant or contract, operate the National Resource Center for Women and Retirement (in this subsection referred to as the “Center”).
(2) The Center shall—
(A) provide tools, such as basic financial management, retirement planning, and other tools that promote financial literacy and help to identify and prevent exploitation (including fraud), and integrate these with information on health and long-term care;
(B) annually disseminate a summary of outreach activities provided, including work to provide user-friendly consumer information and public education materials;
(C) develop targeted outreach strategies;
(D) provide technical assistance to State agencies and to other public and nonprofit private agencies and organizations; and
(E) develop partnerships and collaborations to address program objectives.
(Pub. L. 8973, title II, § 215, as added Pub. L. 106501, title II, § 202(5), Nov. 13, 2000, 114 Stat. 2231; amended Pub. L. 109365, title II, § 209, Oct. 17, 2006, 120 Stat. 2537; Pub. L. 116131, title I, § 121, title VII, § 701(4), Mar. 25, 2020, 134 Stat. 247, 271.)
## Notes
Editorial Notes
References in TextThe Social Security Act, referred to in subsec. (a)(1)(A), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. 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)(1)(B), is act Aug. 29, 1935, ch. 812, as amended generally by Pub. L. 93445, 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.
Prior ProvisionsA prior section 215 of Pub. L. 8973 was renumbered section 216 and is classified to section 3020f of this title.
Amendments2020—Subsec. (i). Pub. L. 116131, § 701(4), substituted “Committee on Education and Labor” for “Committee on Education and the Workforce” in introductory provisions. Subsec. (k). Pub. L. 116131, § 121, added subsec. (k). 2006—Subsec. (e)(1)(J). Pub. L. 109365, § 209(1), substituted “, low-income retirees, and older individuals with limited English proficiency” for “and low income retirees”. Subsec. (f)(2). Pub. L. 109365, § 209(2), added par. (2) and struck out former par. (2) which read as follows: “The ability of the entity to perform effective outreach to affected populations, particularly populations that are identified in need of special outreach.” Subsec. (h)(2). Pub. L. 109365, § 209(3), inserted “(including individuals with limited English proficiency)” after “for individuals”.
Statutory Notes and Related Subsidiaries
Change of Name Committee on Education and Labor of House of Representatives changed to Committee on Education and the Workforce of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.
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# 42 U.S.C. § 3020e - Nutrition education
## Text
The Assistant Secretary, in consultation with the Secretary of Agriculture, shall conduct outreach and provide technical assistance to agencies and organizations that serve older individuals to assist such agencies and organizations to carry out integrated health promotion and disease prevention programs that—
(1) are designed for older individuals; and
(2) include—
(A) nutrition education;
(B) physical activity; and
(C) other activities to modify behavior and to improve health literacy, including providing information on optimal nutrient intake, through nutrition education and nutrition assessment and counseling, in accordance with section 3030g21(2)(J) of this title.
(Pub. L. 8973, title II, § 214, as added Pub. L. 102375, title II, § 209, Sept. 30, 1992, 106 Stat. 1215; amended Pub. L. 103171, § 3(a)(13), Dec. 2, 1993, 107 Stat. 1990; Pub. L. 106501, title VIII, § 801(b)(5), Nov. 13, 2000, 114 Stat. 2292; Pub. L. 109365, title II, § 208, Oct. 17, 2006, 120 Stat. 2537.)
## Notes
Editorial Notes
Amendments2006—Pub. L. 109365 amended section generally. Prior to amendment, text read as follows: “The Assistant Secretary and the Secretary of Agriculture may provide technical assistance and appropriate material to agencies carrying out nutrition education programs in accordance with section 3030g21(2)(J) of this title.” 2000—Pub. L. 106501 substituted “3030g21(2)(J)” for “3027(a)(13)(J)”. 1993—Pub. L. 103171 substituted “Assistant Secretary” for “Commissioner”.
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# 42 U.S.C. § 3020f - Authorization of appropriations
## Text
(a) In general For purposes of carrying out this chapter, there are authorized to be appropriated for administration, salaries, and expenses of the Administration $43,937,410 for fiscal year 2020, $46,573,655 for fiscal year 2021, $49,368,074 for fiscal year 2022, $52,330,158 for fiscal year 2023, and $55,469,968 for fiscal year 2024.
(b) Additional authorizations There are authorized to be appropriated—
(1) to carry out section 3012(a)(21) of this title (relating to the National Eldercare Locator Service), $2,180,660 for fiscal year 2020, $2,311,500 for fiscal year 2021, $2,450,190 for fiscal year 2022, $2,597,201 for fiscal year 2023, and $2,753,033 for fiscal year 2024;
(2) to carry out section 3020e1 of this title, $1,988,060 for fiscal year 2020, $2,107,344 for fiscal year 2021, $2,233,784 for fiscal year 2022, $2,367,811 for fiscal year 2023, and $2,509,880 for fiscal year 2024;
(3) to carry out section 3012 of this title (relating to Elder Rights Support Activities under this subchapter), $1,371,740 for fiscal year 2020, $1,454,044 for fiscal year 2021, $1,541,287 for fiscal year 2022, $1,633,764 for fiscal year 2023, and $1,731,790 for fiscal year 2024; and
(4) to carry out section 3012(b) of this title (relating to the Aging and Disability Resource Centers), $8,687,330 for fiscal year 2020, $9,208,570 for fiscal year 2021, $9,761,084 for fiscal year 2022, $10,346,749 for fiscal year 2023, and $10,967,554 for fiscal year 2024.
(Pub. L. 8973, title II, § 216, formerly § 215, as added Pub. L. 102375, title II, § 210, Sept. 30, 1992, 106 Stat. 1215; amended Pub. L. 103171, § 3(a)(13), Dec. 2, 1993, 107 Stat. 1990; renumbered § 216 and amended Pub. L. 106501, title II, §§ 202(4), 205, Nov. 13, 2000, 114 Stat. 2231, 2234; Pub. L. 109365, title II, § 210, Oct. 17, 2006, 120 Stat. 2538; Pub. L. 114144, § 3(e), Apr. 19, 2016, 130 Stat. 337; Pub. L. 116131, title I, § 101, Mar. 25, 2020, 134 Stat. 242.)
## Notes
Editorial Notes
Amendments2020—Pub. L. 116131 amended section generally. Prior to amendment, section authorized appropriations for fiscal years 2017, 2018, and 2019. 2016—Subsec. (a). Pub. L. 114144, § 3(e)(1), substituted “$40,063,000 for each of the fiscal years 2017, 2018, and 2019.” for “such sums as may be necessary for fiscal years 2007, 2008, 2009, 2010, and 2011.” Subsec. (b). Pub. L. 114144, § 3(e)(2), amended subsec. (b) generally. Prior to amendment, text read as follows: “There are authorized to be appropriated to carry out section 3012(a)(24) of this title (relating to the National Eldercare Locator Service) such sums as may be necessary for fiscal years 2007, 2008, 2009, 2010, and 2011.” Subsec. (c). Pub. L. 114144, § 3(e)(3), struck out subsec. (c). Text read as follows: “There are authorized to be appropriated to carry out section 3020e1 of this title, such sums as may be necessary for fiscal years 2007, 2008, 2009, 2010, and 2011.” 2006—Subsec. (a). Pub. L. 109365, § 210(1), substituted “2007, 2008, 2009, 2010, and 2011.” for “2001, 2002, 2003, 2004, and 2005”. Subsec. (b). Pub. L. 109365, § 210(2), substituted “years 2007, 2008, 2009, 2010, and 2011” for “year 2001, and such sums as may be necessary for each of the 4 succeeding fiscal years”. Subsec. (c). Pub. L. 109365, § 210(2), substituted “years 2007, 2008, 2009, 2010, and 2011” for “year 2001 and for each of the 4 succeeding fiscal years”. 2000—Subsec. (a). Pub. L. 106501, § 205(1), in heading, substituted “In general” for “Administration”, and in text, inserted “administration, salaries, and expenses of” after “appropriated for” and substituted “2001, 2002, 2003, 2004, and 2005” for “1992, 1993, 1994, and 1995.” Subsecs. (b), (c). Pub. L. 106501, § 205(2), added subsecs. (b) and (c) and struck out heading and text of former subsec. (b). Text read as follows: “There are authorized to be appropriated for salaries and expenses of the Administration on Aging— “(1) $17,000,000 for fiscal year 1992, $20,000,000 for fiscal year 1993, $24,000,000 for fiscal year 1994, and $29,000,000 for fiscal year 1995; and “(2) such additional sums as may be necessary for each such fiscal year to enable the Assistant Secretary to provide for not fewer than 300 full-time employees (or the equivalent thereof) in the Administration on Aging.” 1993—Subsec. (b)(2). Pub. L. 103171 substituted “Assistant Secretary” for “Commissioner”.
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# 42 U.S.C. § 3020g - National Technical Assistance Center on Grandfamilies and Kinship Families
## Text
(a) In general In addition to amounts otherwise available, there is appropriated to the Secretary of Health and Human Services for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $10,000,000, to remain available through September 30, 2025, for the Secretary, acting through the Administrator of the Administration for Community Living, to establish, directly or through grants or contracts, a National Technical Assistance Center on Grandfamilies and Kinship Families (in this section referred to as the “Center”) to provide training, technical assistance, and resources for government programs, nonprofit and other community-based organizations, and Indian Tribes, Tribal organizations, and urban Indian organizations, that serve grandfamilies and kinship families to support the health and well-being of members of grandfamilies and kinship families, including caregivers, children, and their parents. The Center shall focus primarily on serving grandfamilies and kinship families in which the primary caregiver is an adult age 55 or older, or the child has one or more disabilities.
(b) Activities of the Center The Center shall—
(1) engage experts to stimulate the development of new and identify existing evidence-based, evidence-informed, and exemplary practices or programs related to health promotion (including mental health and substance use disorder treatment), education, nutrition, housing, financial needs, legal issues, disability self-determination, caregiver support, and other issues to help serve caregivers, children, and their parents in grandfamilies and kinship families;
(2) encourage and support the implementation of the evidence-based, evidence-informed, and exemplary practices or programs identified under paragraph (1) to support grandfamilies and kinship families and to promote coordination of services for grandfamilies and kinship families across systems that support them;
(3) facilitate learning across States, territories, Indian Tribes, Tribal organizations, and urban Indian organizations for providing technical assistance, resources, and training related to issues described in paragraph (1) to individuals and entities across systems that directly work with grandfamilies and kinship families;
(4) help government programs, nonprofit and other community-based organizations, and Indian Tribes, Tribal organizations, and urban Indian organizations, serving grandfamilies and kinship families, to plan and coordinate responses to assist grandfamilies and kinship families during national, State, Tribal, territorial, and local emergencies and disasters; and
(5) assist government programs, and nonprofit and other community-based organizations, in promoting equity and implementing culturally and linguistically appropriate approaches as the programs and organizations serve grandfamilies and kinship families.
(Pub. L. 1172, title II, § 2922, Mar. 11, 2021, 135 Stat. 52.)
## Notes
Editorial Notes
Codification Section was enacted as part of the American Rescue Plan Act of 2021, and not as part of the Older Americans Act of 1965 which comprises this chapter.
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# 42 U.S.C. § 3021 - Purpose and program
## Text
(a) Congressional declaration of purpose (1) It is the purpose of this subchapter to encourage and assist State agencies and area agencies on aging to concentrate resources in order to develop greater capacity and foster the development and implementation of comprehensive and coordinated systems to serve older individuals by entering into new cooperative arrangements in each State with the persons described in paragraph (2), for the planning, and for the provision of, supportive services, and multipurpose senior centers, in order to—
(A) secure and maintain maximum independence and dignity in a home environment for older individuals capable of self care with appropriate supportive services;
(B) remove individual and social barriers to economic and personal independence for older individuals;
(C) provide a continuum of care for vulnerable older individuals;
(D) secure the opportunity for older individuals to receive managed in-home and community-based long-term care services; and
(E) measure impacts related to social determinants of health of older individuals.
(2) The persons referred to in paragraph (1) include—
(A) State agencies and area agencies on aging;
(B) other State agencies, including agencies that administer home and community care programs;
(C) Indian tribes, tribal organizations, and Native Hawaiian organizations;
(D) the providers, including voluntary organizations or other private sector organizations, of supportive services, nutrition services, and multipurpose senior centers;
(E) organizations representing or employing older individuals or their families; and
(F) organizations that have experience in providing training, placement, and stipends for volunteers or participants who are older individuals (such as organizations carrying out Federal service programs administered by the Corporation for National and Community Service), in community service settings.
(b) Administration of program (1) In order to effectively carry out the purpose of this subchapter, the Assistant Secretary shall administer programs under this subchapter through the Administration.
(2) In carrying out the provisions of this subchapter, the Assistant Secretary may request the technical assistance and cooperation of the Department of Education, the Department of Labor, the Department of Housing and Urban Development, the Department of Transportation, the Office of Community Services, the Department of Veterans Affairs, the Substance Abuse and Mental Health Services Administration,,11 So in original. and such other agencies and departments of the Federal Government as may be appropriate.
(c) Ombudsman program The Assistant Secretary shall provide technical assistance and training (by contract, grant, or otherwise) to State long-term care ombudsman programs established under section 3027(a)(9) of this title in accordance with section 3058g of this title, and to individuals within such programs designated under section 3058g of this title to be representatives of a long-term care ombudsman, in order to enable such ombudsmen and such representatives to carry out the ombudsman program effectively.
(d) Use of funds (1) Any funds received under an allotment as described in section 3024(a) of this title, or funds contributed toward the non-Federal share under section 3024(d) of this title, shall be used only for activities and services to benefit older individuals and other individuals as specifically provided for in this subchapter.
(2) No provision of this subchapter shall be construed as prohibiting a State agency or area agency on aging from providing services by using funds from sources not described in paragraph (1).
(Pub. L. 8973, title III, § 301, as added Pub. L. 95478, title I, § 103(b), Oct. 18, 1978, 92 Stat. 1516; amended Pub. L. 97115, § 3(a), (d), Dec. 29, 1981, 95 Stat. 1596, 1597; Pub. L. 98459, title III, § 301, Oct. 9, 1984, 98 Stat. 1771; Pub. L. 100175, title I, §§ 104(b), 105(c), 121, 129(a), Nov. 29, 1987, 101 Stat. 929, 930, 933, 934; Pub. L. 100628, title VII, § 705(3), Nov. 7, 1988, 102 Stat. 3247; Pub. L. 10254, § 13(q)(9)(B), June 13, 1991, 105 Stat. 281; Pub. L. 102321, title I, § 163(c)(2)(B), July 10, 1992, 106 Stat. 377; Pub. L. 102375, title I, § 102(b)(1)(A), title III, § 301, title VII, § 708(a)(2)(B), Sept. 30, 1992, 106 Stat. 1200, 1219, 1292; Pub. L. 103171, § 3(a)(13), Dec. 2, 1993, 107 Stat. 1990; Pub. L. 106501, title III, § 301, title VIII, § 801(c)(1), Nov. 13, 2000, 114 Stat. 2238, 2292; Pub. L. 109365, title III, § 301, Oct. 17, 2006, 120 Stat. 2538; Pub. L. 116131, title II, § 201, Mar. 25, 2020, 134 Stat. 254.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 3021, Pub. L. 8973, title III, § 301, as added Pub. L. 9329, title III, § 301, May 3, 1973, 87 Stat. 36, related to the purpose of this subchapter, prior to the general amendment of this subchapter by Pub. L. 95478. Another prior section 3021, Pub. L. 8973, title III, § 301, July 14, 1965, 79 Stat. 220; Pub. L. 9042, § 2(a), July 1, 1967, 81 Stat. 106; Pub. L. 9169, § 2(a), Sept. 17, 1969, 83 Stat. 108, related to a description of activities and authorized appropriations for fiscal years ending June 30, 1966, through 1972, prior to repeal by Pub. L. 9329, title III, § 301, May 3, 1973, 87 Stat. 36.
Amendments2020—Subsec. (a)(1)(E). Pub. L. 116131 added subpar. (E). 2006—Subsec. (a)(2)(F). Pub. L. 109365 added subpar. (F). 2000—Subsec. (c). Pub. L. 106501, § 801(c)(1), substituted “3027(a)(9)” for “3027(a)(12)”. Subsec. (d). Pub. L. 106501, § 301, added subsec. (d). 1993—Subsecs. (b), (c). Pub. L. 103171 substituted “Assistant Secretary” for “Commissioner” wherever appearing. 1992—Subsec. (a). Pub. L. 102375, § 301, amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “It is the purpose of this subchapter to encourage and assist State and area agencies to concentrate resources in order to develop greater capacity and foster the development and implementation of comprehensive and coordinated service systems to serve older individuals by entering into new cooperative arrangements in each State with State and area agencies, with Indian tribes, tribal organizations, and Native Hawaiian organizations, and with the providers, including voluntary organizations, of supportive services, including nutrition services and multipurpose senior centers, for the planning, and for the provision of, supportive services, nutrition services, and multipurpose senior centers, in order to— “(1) secure and maintain maximum independence and dignity in a home environment for older individuals capable of self care with appropriate supportive services; “(2) remove individual and social barriers to economic and personal independence for older individuals; and “(3) provide a continuum of care for the vulnerable elderly.” Subsec. (b)(1). Pub. L. 102375, § 102(b)(1)(A), substituted “Administration” for “Administration on Aging”. Subsec. (b)(2). Pub. L. 102321 substituted “the Substance Abuse and Mental Health Services Administration” for “the Alcohol, Drug Abuse, and Mental Health Administration”. Subsec. (c). Pub. L. 102375, § 708(a)(2)(B), substituted “in accordance with section 3058g of this title, and to individuals within such programs designated under section 3058g of this title” for “, and to individuals designated under such section”. 1991—Subsec. (b)(2). Pub. L. 10254 substituted “Department of Veterans Affairs” for “Veterans Administration”. 1988—Subsec. (a). Pub. L. 100628 substituted “Native Hawaiian organizations,” for “Native Hawaiian organizations,,”. 1987—Subsec. (a). Pub. L. 100175, § 121, inserted “, with Indian tribes, tribal organizations, and Native Hawaiian organizations,” after second reference to “agencies”. Subsec. (b)(2). Pub. L. 100175, § 105(c), inserted “the Alcohol, Drug Abuse, and Mental Health Administration,” after “Veterans Administration,”. Pub. L. 100175, § 104(b), inserted “, the Veterans Administration,” after “Office of Community Services”. Subsec. (c). Pub. L. 100175, § 129(a), added subsec. (c). 1984—Subsec. (a). Pub. L. 98459 substituted “area agencies” for “local agencies” in two places, inserted “and implementation”, inserted “, including voluntary organizations,”, and struck out “for the provision of” after “planning”. 1981—Subsec. (a). Pub. L. 97115, § 3(d), substituted “supportive services” for “social services” in two places. Subsec. (b)(2). Pub. L. 97115, § 3(a), substituted “cooperation of the Department of Education, the Department of Labor, the Department of Housing and Urban Development, the Department of Transportation, the Office of Community Services, and such other agencies and departments” for “cooperation of the Department of Labor, the Community Services Administration, the Department of Housing and Urban Development, the Department of Transportation, and such other agencies and departments”.
Statutory Notes and Related Subsidiaries
Effective Date of 1992 AmendmentsAmendment by section 708(a)(2)(B) of Pub. L. 102375 inapplicable with respect to fiscal year 1993, see section 4(b) of Pub. L. 103171, set out as a note under section 3001 of this title. Amendment by section 708(a)(2)(B) of Pub. L. 102375 inapplicable with respect to fiscal year 1992, see section 905(b)(6) of Pub. L. 102375, set out as a note under section 3001 of this title. Amendment by Pub. L. 102321 effective Oct. 1, 1992, see section 801(c) of Pub. L. 102321, set out as a note under section 836 of this title.
Effective Date of 1987 AmendmentAmendment by Pub. L. 100175 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. 100175, set out as a note under section 3001 of this title.
Effective Date of 1984 AmendmentAmendment by Pub. L. 98459 effective Oct. 9, 1984, see section 803(a) of Pub. L. 98459, set out as a note under section 3001 of this title.
Effective DateSection effective at close of Sept. 30, 1978, see section 504 of Pub. L. 95478, set out as an Effective Date of 1978 Amendment note under section 3001 of this title.
Coordination and Consolidation of Services Under ChapterPub. L. 95478, title I, § 103(a), Oct. 18, 1978, 92 Stat. 1516, provided that: “(1) The Congress finds that—“(A) approximately 3 percent of the eligible population is presently served under community services programs authorized under the Older Americans Act of 1965 [this chapter], 17 percent of whom are minority group members; “(B) approximately 1 percent of the eligible population is presently served by the nutrition program authorized under the Older Americans Act of 1965 [this chapter], 21 percent of whom are minority group members; “(C) there is program fragmentation at the national, State, and local levels which inhibits effective use of existing resources; and “(D) coordination and consolidation of services provided under the Older Americans Act of 1965 [this chapter] allowing greater local determination to assess the need for services will facilitate achieving the goals of the Older Americans Act of 1965. “(2) It is the purpose of the amendments made by subsection (b) [amending sections 3021 to 3029 of this title and enacting sections 3030 to 3030g of this title] to combine within a consolidated title, subject to the modifications imposed by the provisions and requirements of the amendments made by subsection (b), the programs authorized by title III, title V, and title VII of the Older Americans Act of 1965 [former subchapters III, V, and VII of this chapter, respectively, as in effect prior to their revision by Pub. L. 95478] in the fiscal year 1978, and funds appropriated to carry out such consolidated title shall be used solely for the purposes and for the assistance of the same types of programs authorized under the provisions of such titles.”
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# 42 U.S.C. § 3022 - Definitions
## Text
For the purpose of this subchapter—
(1) The term “comprehensive and coordinated system” means a system for providing all necessary supportive services, including nutrition services, in a manner designed to—
(A) facilitate accessibility to, and utilization of, all supportive services and nutrition services provided within the geographic area served by such system by any public or private agency or organization;
(B) develop and make the most efficient use of supportive services and nutrition services in meeting the needs of older individuals;
(C) use available resources efficiently and with a minimum of duplication; and
(D) encourage and assist public and private entities that have unrealized potential for meeting the service needs of older individuals to assist the older individuals on a voluntary basis.
(2) The term “education and training service” means a supportive service designed to assist older individuals to better cope with their economic, health, and personal needs through services such as consumer education, continuing education, health education, pre­retirement education, financial planning, and other education and training services which will advance the objectives of this chapter.
(3) 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 or to an individual of any age with Alzheimers disease or a related disorder with neurological and organic brain dysfunction.
(4) The term “unit of general purpose local government” means—
(A) a political subdivision of the State whose authority is general and not limited to only one function or combination of related functions; or
(B) an Indian tribal organization.
(Pub. L. 8973, title III, § 302, as added Pub. L. 95478, title I, § 103(b), Oct. 18, 1978, 92 Stat. 1517; amended Pub. L. 97115, § 3(b), (d), Dec. 29, 1981, 95 Stat. 1596, 1597; Pub. L. 98459, title III, § 302, Oct. 9, 1984, 98 Stat. 1771; Pub. L. 100175, title I, §§ 136(a)(2), 144(a), 182(b)(2), (e)(1), Nov. 29, 1987, 101 Stat. 943, 948, 964; Pub. L. 102375, title I, § 102(b)(3), title III, § 302, Sept. 30, 1992, 106 Stat. 1201, 1220; Pub. L. 103171, § 2(7), Dec. 2, 1993, 107 Stat. 1988; Pub. L. 109365, title III, § 302, Oct. 17, 2006, 120 Stat. 2538; Pub. L. 116131, title II, § 202(1), Mar. 25, 2020, 134 Stat. 254.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 3022, Pub. L. 8973, title III, § 302, as added Pub. L. 9329, title III, § 301, May 3, 1973, 87 Stat. 36, Pub. L. 94135, title I, § 103, Nov. 28, 1975, 89 Stat. 713, related to definitions, prior to the general amendment of this subchapter by Pub. L. 95478. Another prior section 3022, Pub. L. 8973, title III, § 302, July 14, 1965, 79 Stat. 221; Pub. L. 9042, §§ 2(b), 5(g), July 1, 1967, 81 Stat. 107, 108; Pub. L. 9169, §§ 3(a), 4(d), 6, 10(b), Sept. 17, 1969, 83 Stat. 108, 110, 114, related to allotments to States, providing in subsec. (a) amount of allotments, subsec. (b) reallotments, and subsec. (c) availability for grant percentage payments, and duration of project support, prior to repeal by Pub. L. 9329, title III, § 301, May 3, 1973, 87 Stat. 36.
Amendments2020—Par. (3). Pub. L. 116131 inserted “of any age” after “an individual”. 2006—Pars. (2) to (4). Pub. L. 109365 added par. (4), redesignated pars. (2), (3), and (4) as pars. (4), (2), and (3), respectively, and moved par. (4) to end of section. 1993—Par. (10). Pub. L. 103171 struck out par. (10) which defined “multipurpose senior center”. 1992—Par. (1)(D). Pub. L. 102375, § 302, added subpar. (D). Pars. (2), (3). Pub. L. 102375, § 102(b)(3)(A), (B), redesignated pars. (7) and (8) as (2) and (3), respectively, and struck out former pars. (2) and (3) which defined “information and referral source” and “long-term care facility”, respectively. Pars. (4) to (6). Pub. L. 102375, § 102(b)(3)(A), struck out pars. (4) to (6) which defined “legal assistance”, “planning and service area”, and “State agency”, respectively. Pars. (7), (8). Pub. L. 102375, § 102(b)(3)(B), redesignated pars. (7) and (8) as (2) and (3), respectively. Par. (9). Pub. L. 102375, § 102(b)(3)(A), struck out par. (9) which defined “older individual”. Par. (11). Pub. L. 102375, § 102(b)(3)(A), struck out par. (11) which defined “focal point”. Pars. (14) to (21). Pub. L. 102375, § 102(b)(3)(A), struck out pars. (14) to (21) which defined “abuse”, “elder abuse”, “caretaker”, “exploitation”, “neglect”, “physical harm”, “greatest economic need”, and “greatest social need”, respectively. 1987—Par. (6). Pub. L. 100175, § 182(b)(2), redesignated par. (7) as (6) and struck out former par. (6) which read as follows: “The term State means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, the Trust Territory of the Pacific Islands, and the Commonwealth of the Northern Mariana Islands.” Pars. (7) to (9). Pub. L. 100175, § 182(b)(2)(B), redesignated pars. (8) to (10) as (7) to (9), respectively. Former par. (7) redesignated (6). Par. (10). Pub. L. 100175, §§ 136(a)(2), 182(b)(2)(B), redesignated par. (11) as (10) and inserted “(including mental health)” after “health”. Former par. (10) redesignated (9). Par. (11). Pub. L. 100175, § 182(b)(2)(B), redesignated par. (12) as (11). Former par. (11) redesignated (10). Pars. (12), (13). Pub. L. 100175, § 182(b)(2)(B), which directed the redesignation of pars. (13) and (14) as (12) and (13), respectively, could not be executed because no pars. (13) and (14) had been enacted. A former par. (12) was redesignated (11). Pars. (14) to (19). Pub. L. 100175, §§ 144(a), 182(b)(2)(B), added pars. (15) to (20) and redesignated them as (14) to (19), respectively. Par. (20). Pub. L. 100175, § 182(b)(2)(B), (e)(1), added par. (20) and redesignated former par. (20) as (19). Pub. L. 100175, § 144(a), added par. (20). Par. (21). Pub. L. 100175, § 182(e)(1), added par. (21). 1984—Par. (2)(B). Pub. L. 98459, § 302(1), substituted “employs, where feasible,” for “employs”, and inserted “to assess the needs and capacities of older individuals,”. Par. (4). Pub. L. 98459, § 302(2), substituted “legal assistance” for “legal services”. Par. (6). Pub. L. 98459, § 302(3), substituted “, and the Commonwealth of the Northern Mariana Islands” for “and the Northern Mariana Islands”. Pars. (10) to (12). Pub. L. 98459, § 302(4), added pars. (10) to (12). 1981—Par. (1). Pub. L. 97115, § 3(d), substituted “supportive services” for “social services” in provisions preceding subpar. (A) and in subpars. (A) and (B). Par. (3). Pub. L. 97115, § 3(b)(1), inserted provision relating to any category of institutions regulated by a State pursuant to provisions of section 1382e(e) of this title (for purposes of section 3027(a)(12) of this title). Par. (9). Pub. L. 97115, § 3(b)(2), added par. (9).
Statutory Notes and Related Subsidiaries
Effective Date of 1987 AmendmentAmendment by Pub. L. 100175 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. 100175, set out as a note under section 3001 of this title.
Effective Date of 1984 AmendmentAmendment by Pub. L. 98459 effective Oct. 9, 1984, see section 803(a) of Pub. L. 98459, set out as a note under section 3001 of this title.
Effective DateSection effective at close of Sept. 30, 1978, see section 504 of Pub. L. 95478, set out as an Effective Date of 1978 Amendment note under section 3001 of this title.
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# 42 U.S.C. § 3029 - Payments of grants or contracts
## Text
(a) Advances or reimbursement; installments; assistance in development of State plan Payments of grants or contracts under this subchapter may be made (after necessary adjustments resulting from previously made overpayments or underpayments) in advance or by way of reimbursement, and in such installments, as the Assistant Secretary may determine. From a States allotment for a fiscal year which is available under section 3028 of this title the Assistant Secretary may pay to a State which does not have a State plan approved under section 3027 of this title such amounts as the Assistant Secretary deems appropriate for the purpose of assisting such State in developing a State plan.
(b) Matching funds; percentage limitation (1) For each fiscal year, not less than 25 percent of the non-Federal share of the total expenditures under the State plan which is required by section 3024(d) of this title shall be met from funds from State or local public sources.
(2) Funds required to meet the non-Federal share required by section 3024(d)(1)(D) of this title, in amounts exceeding 10 percent of the cost of the services specified in such section 3024(d)(1)(D) of this title, shall be met from State sources.
(c) Reduction of State allotment A States allotment under section 3024 of this title for a fiscal year shall be reduced by the percentage (if any) by which its expenditures for such year from State sources under its State plan approved under section 3027 of this title are less than its average annual expenditures from such sources for the period of 3 fiscal years preceding such year.
(Pub. L. 8973, title III, § 309, as added Pub. L. 95478, title I, § 103(b), Oct. 18, 1978, 92 Stat. 1532; amended Pub. L. 98459, title III, § 309, Oct. 9, 1984, 98 Stat. 1779; Pub. L. 100175, title I, § 139, Nov. 29, 1987, 101 Stat. 944; Pub. L. 103171, § 3(a)(13), Dec. 2, 1993, 107 Stat. 1990; Pub. L. 109365, title III, § 308, Oct. 17, 2006, 120 Stat. 2545.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 3029, Pub. L. 8973, title III, § 309, as added Pub. L. 93351, § 3, July 12, 1974, 88 Stat. 357, related to transportation projects, prior to the general amendment of this subchapter by Pub. L. 95478. See section 3026 of this title. Provisions similar to those comprising this section were contained in Pub. L. 8973, title III, § 307, as added Pub. L. 9329, title III, § 301, May 3, 1973, 87 Stat. 44, which was classified to section 3027 of this title prior to repeal by Pub. L. 95478.
Amendments2006—Subsec. (b)(2). Pub. L. 109365 substituted “10 percent of the cost of the services specified in such section 3024(d)(1)(D) of this title” for “the non-Federal share required prior to fiscal year 1981”. 1993—Subsec. (a). Pub. L. 103171 substituted “Assistant Secretary” for “Commissioner” wherever appearing. 1987—Subsec. (c). Pub. L. 100175 substituted “its average annual expenditures from such sources for the period of 3 fiscal years preceding such year” for “its expenditures from such sources for the preceding fiscal year”. 1984—Subsec. (a). Pub. L. 98459, § 309(a), substituted “as the Commissioner deems appropriate” for “as he deems appropriate”. Subsec. (b)(2). Pub. L. 98459, § 309(b), substituted “section 3024(d)(1)(D)” for “section 3024(d)(1)(B)”.
Statutory Notes and Related Subsidiaries
Effective Date of 1987 AmendmentAmendment by Pub. L. 100175 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. 100175, set out as a note under section 3001 of this title.
Effective Date of 1984 AmendmentAmendment by Pub. L. 98459 effective Oct. 9, 1984, see section 803(a) of Pub. L. 98459, set out as a note under section 3001 of this title.
Effective DateSection effective at close of Sept. 30, 1978, see section 504 of Pub. L. 95478, set out as an Effective Date of 1978 Amendment note under section 3001 of this title.
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# 42 U.S.C. § 3030 - Disaster relief reimbursements
## Text
(a) Application; limitations (1) The Assistant Secretary may provide reimbursements to any State (or to any tribal organization receiving a grant under subchapter X), upon application for such reimbursement, for funds such State makes available to area agencies on aging in such State (or funds used by such tribal organization) for the delivery of supportive services (and related supplies) during any major disaster declared by the President in accordance with the Robert T. Stafford Disaster Relief and Emergency Assistance Act [42 U.S.C. 5121 et seq.].
(2) Total payments to all States and such tribal organizations under paragraph (1) in any fiscal year shall not exceed 2 percent of the total amount appropriated and available to carry out subchapter IV.
(3) If the Assistant Secretary decides, in the 5-day period beginning on the date such disaster is declared by the President, to provide an amount of reimbursement under paragraph (1) to a State or such tribal organization, then the Assistant Secretary shall provide not less than 75 percent of such amount to such State or such tribal organization not later than 5 days after the date of such decision.
(b) Setting aside of funds by Assistant Secretary (1) At the beginning of each fiscal year the Assistant Secretary shall set aside, for payment to States and such tribal organizations under subsection (a), an amount equal to 2 percent of the total amount appropriated and available to carry out subchapter IV.
(2) Amounts set aside under paragraph (1) which are not obligated by the end of the third quarter of any fiscal year shall be made available to carry out subchapter IV.
(c) Effect on other laws Nothing in this section shall be construed to prohibit expenditures by States and such tribal organizations for disaster relief for older individuals in excess of amounts reimbursable under this section, by using funds made available to them under other sections of this chapter or under other provisions of Federal or State law, or from private sources.
(Pub. L. 8973, title III, § 310, as added Pub. L. 95478, title I, § 103(b), Oct. 18, 1978, 92 Stat. 1533; amended Pub. L. 97115, §§ 3(d), 11(b)(2), Dec. 29, 1981, 95 Stat. 1597, 1606; Pub. L. 100707, title I, § 109(q), Nov. 23, 1988, 102 Stat. 4709; Pub. L. 102375, title I, § 102(b)(10)(A), title III, § 309, Sept. 30, 1992, 106 Stat. 1202, 1235; Pub. L. 103171, §§ 2(10), 3(a)(13), Dec. 2, 1993, 107 Stat. 1989, 1990; Pub. L. 106501, title III, § 308, Nov. 13, 2000, 114 Stat. 2246.)
## Notes
Editorial Notes
References in TextThe Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in subsec. (a)(1), is Pub. L. 93288, May 22, 1974, 88 Stat. 143, which is classified principally to chapter 68 (§ 5121 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5121 of this title and Tables.
Amendments2000—Subsec. (a)(1). Pub. L. 106501, § 308(1)(A), inserted “(or to any tribal organization receiving a grant under subchapter X)” after “any State” and “(or funds used by such tribal organization)” before “for the delivery of supportive services”. Subsec. (a)(2). Pub. L. 106501, § 308(1)(B), inserted “and such tribal organizations” after “States”. Subsec. (a)(3). Pub. L. 106501, § 308(1)(C), inserted “or such tribal organization” after “State” in two places. Subsecs. (b)(1), (c). Pub. L. 106501, § 308(2), inserted “and such tribal organizations” after “States”. 1993—Pub. L. 103171, § 3(a)(13), substituted “Assistant Secretary” for “Commissioner” wherever appearing in subsecs. (a)(1), (3) and (b)(1). Subsec. (a)(1). Pub. L. 103171, § 2(10), substituted “Robert T. Stafford Disaster Relief and Emergency Assistance Act” for “Disaster Relief and Emergency Assistance Act”. 1992—Subsec. (a)(1). Pub. L. 102375, §§ 102(b)(10)(A), 309(1)(A), substituted “area agencies on aging” for “area agencies” and inserted “(and related supplies)” after “supportive services”. Subsec. (a)(2). Pub. L. 102375, § 309(2), substituted “2 percent” for “5 percent” and “to carry out subchapter IV” for “for carrying out the purposes of section 3035a of this title”. Subsec. (a)(3). Pub. L. 102375, § 309(1)(B), added par. (3). Subsec. (b)(1). Pub. L. 102375, § 309(2), substituted “2 percent” for “5 percent” and “to carry out subchapter IV” for “for carrying out the purposes of section 3035a of this title”. Subsec. (b)(2). Pub. L. 102375, § 309(2)(B), substituted “to carry out subchapter IV” for “for carrying out the purposes of section 3035a of this title”. 1988—Subsec. (a)(1). Pub. L. 100707 substituted “Disaster Relief and Emergency Assistance Act” for “Disaster Relief Act of 1974”. 1981—Subsec. (a)(1). Pub. L. 97115, § 3(d), substituted “supportive services” for “social services”. Subsecs. (a)(2), (b)(1), (2). Pub. L. 97115, § 11(b)(2), substituted reference to section 3035a of this title for reference to section 3035b of this title.
Statutory Notes and Related Subsidiaries
Effective DateSection effective at the close of Sept. 30, 1978, see section 504 of Pub. L. 95478, set out as an Effective Date of 1978 Amendment note under section 3001 of this title.
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# 42 U.S.C. § 3030b - Recapture of payments made for multipurpose senior centers
## Text
If, within 10 years after acquisition, or within 20 years after the completion of construction, of any facility for which funds have been paid under this subchapter—
(1) the owner of the facility ceases to be a public or nonprofit private agency or organization; or
(2) the facility ceases to be used for the purposes for which it was acquired (unless the Assistant Secretary determines, in accordance with regulations, that there is good cause for releasing the applicant or other owner from the obligation to do so);
the United States shall be entitled to recover from the applicant or other owner of the facility an amount which bears to the then value of the facility (or so much thereof as constituted an approved project or projects) the same ratio as the amount of such Federal funds bore to the cost of the facility financed with the aid of such funds. Such value shall be determined by agreement of the parties or by action brought in the United States district court for the district in which such facility is situated.
(Pub. L. 8973, title III, § 312, as added Pub. L. 95478, title I, § 103(b), Oct. 18, 1978, 92 Stat. 1534; amended Pub. L. 103171, § 3(a)(13), Dec. 2, 1993, 107 Stat. 1990.)
## Notes
Editorial Notes
Amendments1993—Par. (2). Pub. L. 103171 substituted “Assistant Secretary” for “Commissioner”.
Statutory Notes and Related Subsidiaries
Effective DateSection effective at close of Sept. 30, 1978, see section 504 of Pub. L. 95478, set out as an Effective Date of 1978 Amendment note under section 3001 of this title.
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# 42 U.S.C. § 3030c1 - Rights relating to in-home services for frail older individuals
## Text
The Assistant Secretary shall require entities that provide in-home services under this subchapter to promote the rights of each older individual who receives such services. Such rights include the following:
(1) The right—
(A) to be fully informed in advance about each in-home service provided by such entity under this subchapter and about any change in such service that may affect the well-being of such individual; and
(B) to participate in planning and changing an in-home service provided under this subchapter by such entity unless such individual is judicially adjudged incompetent.
(2) The right to voice a grievance with respect to such service that is or fails to be so provided, without discrimination or reprisal as a result of voicing such grievance.
(3) The right to confidentiality of records relating to such individual.
(4) The right to have the property of such individual treated with respect.
(5) The right to be fully informed (orally and in writing), in advance of receiving an in-home service under this subchapter, of such individuals rights and obligations under this subchapter.
(Pub. L. 8973, title III, § 314, as added Pub. L. 102375, title III, § 311, Sept. 30, 1992, 106 Stat. 1237; amended Pub. L. 103171, §§ 2(11), 3(a)(13), Dec. 2, 1993, 107 Stat. 1989, 1990.)
## Notes
Editorial Notes
Amendments1993—Pub. L. 103171 struck out “(a) Promotion.—” before “The Assistant” and substituted “Assistant Secretary” for “Commissioner”.
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# 42 U.S.C. § 3030c2 - Consumer contributions
## Text
(a) Cost sharing (1) In general Except as provided in paragraphs (2) and (3), a State is permitted to implement cost sharing for all services funded by this chapter by recipients of the services.
(2) Exception The State is not permitted to implement the cost sharing described in paragraph (1) for the following services:
(A) Information and assistance, outreach, benefits counseling, or case management services.
(B) Ombudsman, elder abuse prevention, legal assistance, or other consumer protection services.
(C) Congregate and home delivered meals.
(D) Any services delivered through tribal organizations.
(3) Prohibitions A State or tribal organization shall not permit the cost sharing described in paragraph (1) for any services delivered through tribal organizations. A State shall not permit cost sharing by a low-income older individual if the income of such individual is at or below the Federal poverty line. A State may exclude from cost sharing low-income individuals whose incomes are above the Federal poverty line. A State shall not consider any assets, savings, or other property owned by older individuals when defining low-income individuals who are exempt from cost sharing, when creating a sliding scale for the cost sharing, or when seeking contributions from any older individual.
(4) Payment rates If a State permits the cost sharing described in paragraph (1), such State shall establish a sliding scale, based solely on individual income and the cost of delivering services.
(5) Requirements If a State permits the cost sharing described in paragraph (1), such State shall require each area agency on aging in the State to ensure that each service provider involved, and the area agency on aging, will—
(A) protect the privacy and confidentiality of each older individual with respect to the declaration or nondeclaration of individual income and to any share of costs paid or unpaid by an individual;
(B) establish appropriate procedures to safeguard and account for cost share payments;
(C) use each collected cost share payment to expand the service for which such payment was given;
(D) not consider assets, savings, or other property owned by an older individual in determining whether cost sharing is permitted;
(E) not deny any service for which funds are received under this chapter for an older individual due to the income of such individual or such individuals failure to make a cost sharing payment;
(F) determine the eligibility of older individuals to cost share solely by a confidential declaration of income and with no requirement for verification; and
(G) widely distribute State created written materials in languages reflecting the reading abilities of older individuals that describe the criteria for cost sharing, the States sliding scale, and the mandate described under subparagraph (E).
(6) Waiver An area agency on aging may request a waiver to the States cost sharing policies, and the State shall approve such a waiver if the area agency on aging can adequately demonstrate that—
(A) a significant proportion of persons receiving services under this chapter subject to cost sharing in the planning and service area have incomes below the threshold established in State policy; or
(B) cost sharing would be an unreasonable administrative or financial burden upon the area agency on aging.
(b) Voluntary contributions (1) In general Voluntary contributions shall be allowed and may be solicited for all services for which funds are received under this chapter if the method of solicitation is noncoercive. Such contributions shall be encouraged for individuals whose self-declared income is at or above 185 percent of the poverty line, at contribution levels based on the actual cost of services.
(2) Local decision The area agency on aging shall consult with the relevant service providers and older individuals in agencys planning and service area in a State to determine the best method for accepting voluntary contributions under this subsection.
(3) Prohibited acts The area agency on aging and service providers shall not means test for any service for which contributions are accepted or deny services to any individual who does not contribute to the cost of the service.
(4) Required acts The area agency on aging shall ensure that each service provider will—
(A) provide each recipient with an opportunity to voluntarily contribute to the cost of the service;
(B) clearly inform each recipient that there is no obligation to contribute and that the contribution is purely voluntary;
(C) protect the privacy and confidentiality of each recipient with respect to the recipients contribution or lack of contribution;
(D) establish appropriate procedures to safeguard and account for all contributions; and
(E) use all collected contributions to expand the service for which the contributions were given and to supplement (not supplant) funds received under this chapter.
(c) Participation (1) In general The State and area agencies on aging, in conducting public hearings on State and area plans, shall solicit the views of older individuals, providers, and other stakeholders on implementation of cost-sharing in the service area or the State.
(2) Plans Prior to the implementation of cost sharing under subsection (a), each State and area agency on aging shall develop plans that are designed to ensure that the participation of low-income older individuals (with particular attention to low-income older individuals, including low-income minority older individuals, older individuals with limited English proficiency, and older individuals residing in rural areas) receiving services will not decrease with the implementation of the cost sharing under such subsection.
(d) Evaluation Not later than 1 year after November 13, 2000, and annually thereafter, the Assistant Secretary shall conduct a comprehensive evaluation of practices for cost sharing to determine its impact on participation rates (with particular attention to low-income older individuals, including low-income minority older individuals, older individuals with limited English proficiency, and older individuals residing in rural areas). If the Assistant Secretary finds that there is a disparate impact upon low-income or minority older individuals or older individuals residing in rural areas in any State or region within the State regarding the provision of services, the Assistant Secretary shall take corrective action to assure that such services are provided to all older individuals without regard to the cost sharing criteria.
(e) Response to area agencies on aging (1) In general Upon request from an area agency on aging, the State shall make available any policies or guidance pertaining to policies established under this section.
(2) Rule of construction Nothing in paragraph (1) shall require a State to develop policies or guidance pertaining to policies established under this section.
(Pub. L. 8973, title III, § 315, as added Pub. L. 106501, title III, § 310, Nov. 13, 2000, 114 Stat. 2247; amended Pub. L. 109365, title III, § 310, Oct. 17, 2006, 120 Stat. 2546; Pub. L. 116131, title II, § 212, Mar. 25, 2020, 134 Stat. 258.)
## Notes
Editorial Notes
Codification Pub. L. 106501, § 310, which directed the addition of this section at the end of Part A of title III (42 U.S.C. 3021 et seq.), was executed by adding this section at the end of Part A of title III of the Older Americans Act of 1965 to reflect the probable intent of Congress.
Amendments2020—Subsec. (e). Pub. L. 116131 added subsec. (e). 2006—Subsec. (b)(1). Pub. L. 109365, § 310(1)(A), substituted “if” for “provided that” and inserted at end “Such contributions shall be encouraged for individuals whose self-declared income is at or above 185 percent of the poverty line, at contribution levels based on the actual cost of services.” Subsec. (b)(4)(E). Pub. L. 109365, § 310(1)(B), inserted “and to supplement (not supplant) funds received under this chapter” after “given”. Subsec. (c)(2). Pub. L. 109365, § 310(2), substituted “(with particular attention to low-income older individuals, including low-income minority older individuals, older individuals with limited English proficiency, and older individuals residing in rural areas)” for “(with particular attention to low-income minority individuals and older individuals residing in rural areas)”. Subsec. (d). Pub. L. 109365, § 310(3), substituted “(with particular attention to low-income older individuals, including low-income minority older individuals, older individuals with limited English proficiency, and older individuals residing in rural areas)” for “with particular attention to low-income and minority older individuals and older individuals residing in rural areas”.
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# 42 U.S.C. § 3030c3 - Waivers
## Text
(a) In general The Assistant Secretary may waive any of the provisions specified in subsection (b) with respect to a State, upon receiving an application by the State agency containing or accompanied by documentation sufficient to establish, to the satisfaction of the Assistant Secretary, that—
(1) approval of the State legislature has been obtained or is not required with respect to the proposal for which waiver is sought;
(2) the State agency has collaborated with the area agencies on aging in the State and other organizations that would be affected with respect to the proposal for which waiver is sought;
(3) the proposal has been made available for public review and comment, including the opportunity for a public hearing upon request, within the State (and a summary of all of the comments received has been included in the application); and
(4) the State agency has given adequate consideration to the probable positive and negative consequences of approval of the waiver application, and the probable benefits for older individuals can reasonably be expected to outweigh any negative consequences, or particular circumstances in the State otherwise justify the waiver.
(b) Requirements subject to waiver The provisions of this subchapter that may be waived under this section are—
(1) any provision of sections 3025, 3026, and 3027 of this title requiring statewide uniformity of programs carried out under this subchapter, to the extent necessary to permit demonstrations, in limited areas of a State, of innovative approaches to assist older individuals;
(2) any area plan requirement described in section 3026(a) of this title if granting the waiver will promote innovations or improve service delivery and will not diminish services already provided under this chapter;
(3) any State plan requirement described in section 3027(a) of this title if granting the waiver will promote innovations or improve service delivery and will not diminish services already provided under this chapter;
(4) any restriction under paragraph (5) of section 3028(b) of this title, on the amount that may be transferred between programs carried out under part B and part C; and
(5) the requirement of section 3029(c) of this title that certain amounts of a State allotment be used for the provision of services, with respect to a State that reduces expenditures under the State plan of the State (but only to the extent that the non-Federal share of the expenditures is not reduced below any minimum specified in section 3024(d) of this title or any other provision of this subchapter).
(c) Duration of waiver The application by a State agency for a waiver under this section shall include a recommendation as to the duration of the waiver (not to exceed the duration of the State plan of the State). The Assistant Secretary, in granting such a waiver, shall specify the duration of the waiver, which may be the duration recommended by the State agency or such shorter time period as the Assistant Secretary finds to be appropriate.
(d) Reports to Secretary With respect to each waiver granted under this section, not later than 1 year after the expiration of such waiver, and at any time during the waiver period that the Assistant Secretary may require, the State agency shall prepare and submit to the Assistant Secretary a report evaluating the impact of the waiver on the operation and effectiveness of programs and services provided under this subchapter.
(Pub. L. 8973, title III, § 316, as added Pub. L. 106501, title III, § 310, Nov. 13, 2000, 114 Stat. 2249.)
## Notes
Editorial Notes
Codification Pub. L. 106501, § 310, which directed the addition of this section at the end of Part A of title III (42 U.S.C. 3021 et seq.), was executed by adding this section at the end of Part A of title III of the Older Americans Act of 1965 to reflect the probable intent of Congress.
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# 42 U.S.C. § 3030c - Audit; request for information
## Text
(a) The Assistant Secretary and the Comptroller General of the United States or any of their duly authorized representatives shall have access for the purpose of audit and examination to any books, documents, papers, and records that are pertinent to a grant or contract received under this subchapter.
(b) State agencies and area agencies on aging shall not request information or data from providers which is not pertinent to services furnished pursuant to this chapter or a payment made for such services.
(Pub. L. 8973, title III, § 313, as added Pub. L. 95478, title I, § 103(b), Oct. 18, 1978, 92 Stat. 1535; amended Pub. L. 98459, title III, § 311, Oct. 9, 1984, 98 Stat. 1779; Pub. L. 103171, § 3(a)(13), Dec. 2, 1993, 107 Stat. 1990.)
## Notes
Editorial Notes
Amendments1993—Subsec. (a). Pub. L. 103171 substituted “Assistant Secretary” for “Commissioner”. 1984—Pub. L. 98459 designated existing provisions as subsec. (a) and added subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 1984 AmendmentAmendment by Pub. L. 98459 effective Oct. 9, 1984, see section 803(a) of Pub. L. 98459, set out as a note under section 3001 of this title.
Effective DateSection effective at close of Sept. 30, 1978, see section 504 of Pub. L. 95478, set out as an Effective Date of 1978 Amendment note under section 3001 of this title.
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# 42 U.S.C. § 3030d21 - Purposes
## Text
The purposes of this part are—
(1) to reduce hunger, food insecurity, and malnutrition;
(2) to promote socialization of older individuals; and
(3) to promote the health and well-being of older individuals by assisting such individuals to gain access to nutrition and other disease prevention and health promotion services to delay the onset of adverse health conditions resulting from poor nutritional health or sedentary behavior.
(Pub. L. 8973, title III, § 330, as added Pub. L. 109365, title III, § 312, Oct. 17, 2006, 120 Stat. 2547; amended Pub. L. 116131, title I, § 106(2), Mar. 25, 2020, 134 Stat. 244.)
## Notes
Editorial Notes
Amendments2020—Par. (1). Pub. L. 116131 substituted “, food insecurity, and malnutrition” for “and food insecurity”.
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# 42 U.S.C. § 3030e - Grants for establishment and operation of nutrition projects
## Text
The Assistant Secretary shall carry out a program for making grants to States under State plans approved under section 3027 of this title for the establishment and operation of nutrition projects that—
(1) 5 or more days a week (except in a rural area where such frequency is not feasible (as defined by the Assistant Secretary by regulation) and a lesser frequency is approved by the State agency), provide at least one hot or other appropriate meal per day and any additional meals which the recipient of a grant or contract under this subpart may elect to provide;
(2) shall be provided in congregate settings, including adult day care facilities and multigenerational meal sites; and
(3) provide nutrition education, nutrition counseling, and other nutrition services, as appropriate, based on the needs of meal participants.
(Pub. L. 8973, title III, § 331, as added Pub. L. 95478, title I, § 103(b), Oct. 18, 1978, 92 Stat. 1536; amended Pub. L. 102375, title III, § 313, Sept. 30, 1992, 106 Stat. 1238; Pub. L. 103171, § 3(a)(13), Dec. 2, 1993, 107 Stat. 1990; Pub. L. 106501, title III, § 312(c), Nov. 13, 2000, 114 Stat. 2252; Pub. L. 109365, title III, § 313, Oct. 17, 2006, 120 Stat. 2548.)
## Notes
Editorial Notes
Amendments2006—Pub. L. 109365, § 313(1), substituted “projects that—” for “projects—” in introductory provisions. Par. (1). Pub. L. 109365, § 313(2), struck out “which,” before “5 or more days”. Par. (2). Pub. L. 109365, § 313(3), struck out “which” before “shall be provided”. Par. (3). Pub. L. 109365, § 313(4), added par. (3) and struck out former par. (3) which read as follows: “which may include nutrition education services and other appropriate nutrition services for older individuals.” 2000—Par. (2). Pub. L. 106501 inserted “, including adult day care facilities and multigenerational meal sites” before semicolon. 1993—Pub. L. 103171 substituted “Assistant Secretary” for “Commissioner” in introductory provisions and par. (1). 1992—Par. (1). Pub. L. 102375 inserted “(except in a rural area where such frequency is not feasible (as defined by the Commissioner by regulation) and a lesser frequency is approved by the State agency)” after “week” and struck out before semicolon at end “, each of which assures a minimum of one-third of the daily recommended dietary allowances as established by the Food and Nutrition Board of the National Academy of Sciences-National Research Council”.
Statutory Notes and Related Subsidiaries
Effective DateSection effective at close of Sept. 30, 1978, see section 504 of Pub. L. 95478, set out as an Effective Date of 1978 Amendment note under section 3001 of this title.
Nutrition ServicesPub. L. 116136, div. A, title III, § 3222, Mar. 27, 2020, 134 Stat. 379, provided that: “(a) Definitions.—In this section, the terms Assistant Secretary, Secretary, State agency, and area agency on aging have the meanings given the terms in section 102 of the Older Americans Act of 1965 (42 U.S.C. 3002). “(b) Nutrition Services Transfer Criteria.—During any portion of the COVID19 public health emergency declared under section 319 of the Public Health Service Act (42 U.S.C. 247d), the Secretary shall allow a State agency or an area agency on aging, without prior approval, to transfer not more than 100 percent of the funds received by the State agency or area agency on aging, respectively, and attributable to funds appropriated under paragraph (1) or (2) of section 303(b) of the Older Americans Act of 1965 (42 U.S.C. 3023(b)), between subpart 1 and subpart 2 of part C (42 U.S.C. 3030d2 et seq.) [probably means subparts 1 and 2 of part C of title III of the Act, 42 U.S.C. 3030e; 3030f, 3030g] for such use as the State agency or area agency on aging, respectively, considers appropriate to meet the needs of the State or area served. “(c) Home-delivered Nutrition Services Waiver.—For purposes of State agencies determining the delivery of nutrition services under section 337 of the Older Americans Act of 1965 (42 U.S.C. 3030g), during the period of the COVID19 public health emergency declared under section 319 of the Public Health Service Act (42 U.S.C. 247d), the same meaning shall be given to an individual who is unable to obtain nutrition because the individual is practicing social distancing due to the emergency as is given to an individual who is homebound by reason of illness. “(d) Dietary Guidelines Waiver.—To facilitate implementation of subparts 1 and 2 of part C of title III of the Older Americans Act of 1965 (42 U.S.C. 3030d2 et seq.) [42 U.S.C. 3030e; 3030f, 3030g] during any portion of the COVID19 public health emergency declared under section 319 of the Public Health Service Act (42 U.S.C. 247d), the Assistant Secretary may waive the requirements for meals provided under those subparts to comply with the requirements of clauses (i) and (ii) of section 339(2)(A) of such Act (42 U.S.C. 3030g21(2)(A)).”
Nutrition Projects for Elderly Under Prior Provisions, Qualified Under Successor Provisions, Eligible for Funds Under Such Provisions; Discontinuance of Payments for Ineffective ActivitiesOperation of predecessor projects under successor provisions, see section 501(b) of Pub. L. 95478, set out as a note under section 3045 of this title.
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# 42 U.S.C. § 3030f - Program authorized
## Text
The Assistant Secretary shall establish and carry out a program to make grants to States under State plans approved under section 3027 of this title for the establishment and operation of nutrition projects for older individuals that provide—
(1) on 5 or more days a week (except in a rural area where such frequency is not feasible (as defined by the Assistant Secretary by rule) and a lesser frequency is approved by the State agency) at least 1 home delivered meal per day, which may consist of hot, cold, frozen, dried, canned, or fresh foods and, as appropriate, supplemental foods, and any additional meals that the recipient of a grant or contract under this subpart elects to provide; and
(2) nutrition education, nutrition counseling, and other nutrition services, as appropriate, based on the needs of meal recipients.
(Pub. L. 8973, title III, § 336, as added Pub. L. 95478, title I, § 103(b), Oct. 18, 1978, 92 Stat. 1536; amended Pub. L. 102375, title III, § 314, Sept. 30, 1992, 106 Stat. 1238; Pub. L. 103171, § 3(a)(13), Dec. 2, 1993, 107 Stat. 1990; Pub. L. 109365, title III, § 314, Oct. 17, 2006, 120 Stat. 2548; Pub. L. 114144, § 4(h), Apr. 19, 2016, 130 Stat. 339.)
## Notes
Editorial Notes
Amendments2016—Par. (1). Pub. L. 114144 substituted “canned, or fresh foods and, as appropriate, supplemental foods, and any additional meals” for “canned, fresh, or supplemental foods and any additional meals”. 2006—Pub. L. 109365 amended section generally. Prior to amendment, text read as follows: “The Assistant Secretary shall carry out a program for making grants to States under State plans approved under section 3027 of this title for the establishment and operation of nutrition projects for older individuals which, 5 or more days a week (except in a rural area where such frequency is not feasible (as defined by the Assistant Secretary by regulation) and a lesser frequency is approved by the State agency), provide at least one home delivered hot, cold, frozen, dried, canned, or supplemental foods (with a satisfactory storage life) meal per day and any additional meals which the recipient of a grant or contract under this subpart may elect to provide.” 1993—Pub. L. 103171 substituted “Assistant Secretary” for “Commissioner” in two places. 1992—Pub. L. 102375 inserted “(except in a rural area where such frequency is not feasible (as defined by the Commissioner by regulation) and a lesser frequency is approved by the State agency)” after “week” and struck out before period at end “, each of which assures a minimum of one-third of the daily recommended dietary allowances as established by the Food and Nutrition Board of the National Academy of Sciences-National Research Council”.
Statutory Notes and Related Subsidiaries
Effective DateSection effective at close of Sept. 30, 1978, see section 504 of Pub. L. 95478, set out as an Effective Date of 1978 Amendment note under section 3001 of this title.
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# 42 U.S.C. § 3030g21 - Nutrition
## Text
A State that establishes and operates a nutrition project under this chapter 11 So in original. Title III of Pub. L. 8973, as amended, contained parts and subparts, but not chapters. shall—
(1) utilize the expertise of a dietitian or other individual with equivalent education and training in nutrition science, or if such an individual is not available, an individual with comparable expertise in the planning of nutritional services, and
(2) ensure that the project—
(A) provides meals that—
(i) comply with the most recent Dietary Guidelines for Americans, published by the Secretary and the Secretary of Agriculture, and
(ii) provide to each participating older individual—
(I) a minimum of 33⅓ percent of the dietary reference intakes established by the Food and Nutrition Board of the National Academies of Sciences, Engineering, and Medicine, if the project provides one meal per day,
(II) a minimum of 66⅔ percent of the allowances if the project provides two meals per day, and
(III) 100 percent of the allowances if the project provides three meals per day, and
(iii) to the maximum extent practicable, are adjusted to meet any special dietary needs of program participants, including meals adjusted for cultural considerations and preferences and medically tailored meals,
(B) provides flexibility to local nutrition providers in designing meals that are appealing to program participants,
(C) encourages providers to enter into contracts that limit the amount of time meals must spend in transit before they are consumed,
(D) where feasible, encourages joint arrangements with schools and other facilities serving meals to children in order to promote intergenerational meal programs,
(E) provides that meals, other than in-home meals, are provided in settings in as close proximity to the majority of eligible older individuals residences as feasible,
(F) comply 22 So in original. Probably should be “complies”. with applicable provisions of State or local laws regarding the safe and sanitary handling of food, equipment, and supplies used in the storage, preparation, service, and delivery of meals to an older individual,
(G) ensures that meal providers solicit the advice and expertise of—
(i) a dietitian or other individual described in paragraph (1),
(ii) meal participants, and
(iii) other individuals knowledgeable with regard to the needs of older individuals,
(H) ensures that each participating area agency on aging establishes procedures that allow nutrition project administrators the option to offer a meal, on the same basis as meals provided to participating older individuals, to individuals providing volunteer services during the meal hours, and to individuals with disabilities who reside at home with older individuals eligible under this chapter,1
(I) ensures that nutrition services will be available to older individuals and to their spouses, and may be made available to individuals with disabilities who are not older individuals but who reside in housing facilities occupied primarily by older individuals at which congregate nutrition services are provided,
(J) provides for nutrition screening and nutrition education, and nutrition assessment and counseling if appropriate,
(K) encourages individuals who distribute nutrition services under subpart II to provide, to homebound older individuals, available medical information approved by health care professionals, such as informational brochures and information on how to get vaccines, including vaccines for influenza, pneumonia, and shingles, in the individuals communities, and
(L) where feasible, encourages the use of locally grown foods in meal programs and identifies potential partnerships and contracts with local producers and providers of locally grown foods.
(Pub. L. 8973, title III, § 339, as added Pub. L. 106501, title III, § 313, Nov. 13, 2000, 114 Stat. 2252; amended Pub. L. 109365, title III, § 316, Oct. 17, 2006, 120 Stat. 2548; Pub. L. 114144, § 4(i), Apr. 19, 2016, 130 Stat. 339; Pub. L. 116131, title II, § 215, title VII, § 701(9), Mar. 25, 2020, 134 Stat. 259, 271.)
## Notes
Editorial Notes
Codification Pub. L. 106501, § 313, which directed amendment of subpart 4 of part C of title III of the Older Americans Act of 1965 (Pub. L. 8973) by striking section 339 and inserting this section, was executed in this subpart, which is subpart 3 of part C of title III of the Act, by repealing prior section 3030g21, and inserting this section, to reflect the probable intent of Congress and the redesignation of subpart 4 of part C of title III of the Act as subpart 3 by Pub. L. 106501, § 312(b).
Prior ProvisionsA prior section 3030g21, Pub. L. 8973, title III, § 339, as added Pub. L. 102375, title III, § 317, Sept. 30, 1992, 106 Stat. 1241, related to compliance with dietary guidelines prior to repeal by Pub. L. 106501, title III, § 313, Nov. 13, 2000, 114 Stat. 2252. See Codification note above.
Amendments2020—Par. (2)(A)(ii)(I). Pub. L. 116131, § 701(9), substituted “National Academies of Sciences, Engineering, and Medicine” for “Institute of Medicine of the National Academy of Sciences”. Par. (2)(A)(iii). Pub. L. 116131, § 215, inserted “, including meals adjusted for cultural considerations and preferences and medically tailored meals” before comma at end. 2016—Par. (1). Pub. L. 114144, § 4(i)(1), substituted “utilize” for “solicit”. Par. (2)(L). Pub. L. 114144, § 4(i)(2), added subpar. (L). 2006—Par. (1). Pub. L. 109365, § 316(1), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “solicit the advice of a dietitian or individual with comparable expertise in the planning of nutritional services, and”. Par. (2)(A)(i). Pub. L. 109365, § 316(2)(A)(i), amended cl. (i) generally. Prior to amendment, cl. (i) read as follows: “comply with the Dietary Guidelines for Americans, published by the Secretary and the Secretary of Agriculture,”. Par. (2)(A)(ii)(I). Pub. L. 109365, § 316(2)(A)(ii), substituted “dietary reference intakes” for “daily recommended dietary allowances as”. Par. (2)(D). Pub. L. 109365, § 316(2)(B), inserted “joint” after “encourages”. Par. (2)(G). Pub. L. 109365, § 316(2)(C), amended subpar. (G) generally. Prior to amendment, subpar. (G) read as follows: “ensures that meal providers carry out such project with the advice of dietitians (or individuals with comparable expertise), meal participants, and other individuals knowledgeable with regard to the needs of older individuals,”. Par. (2)(H). Pub. L. 109365, § 316(2)(D), struck out “and accompany” after “home with”. Par. (2)(J), (K). Pub. L. 109365, § 316(2)(E), (F), added subpars. (J) and (K) and struck out former subpar. (J) which read as follows: “provide for nutrition screening and, where appropriate, for nutrition education and counseling.”
Statutory Notes and Related Subsidiaries
Temporary Dietary Guidelines WaiverPub. L. 116260, div. N, title VII, § 732(c), Dec. 27, 2020, 134 Stat. 2105, provided that: “To facilitate implementation of subparts 1 [42 U.S.C. 3030e] and 2 [42 U.S.C. 3030f, 3030g] of part C of title III of the Older Americans Act of 1965 (42 U.S.C. 3030d2 [3030d21] et seq.), with funds received by a State for fiscal year 2021, the Assistant Secretary for Aging may waive, but continue to make every effort practicable to encourage the restoration of, the applicable requirements for meals provided under such subparts comply [sic] with the requirements of clauses (i) and (ii) of section 339(2)(A) of such Act (42 U.S.C. 3030g21(2)(A)).”
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# 42 U.S.C. § 3030g22 - Payment requirement
## Text
Payments made by a State agency or an area agency on aging for nutrition services (including meals) provided under part A, B, or C may not be reduced to reflect any increase in the level of assistance provided under section 3030a of this title.
(Pub. L. 8973, title III, § 339A, as added Pub. L. 102375, title III, § 317, Sept. 30, 1992, 106 Stat. 1241.)
## Notes
Editorial Notes
Prior ProvisionsPrior sections 3030h to 3030l were repealed by Pub. L. 106501, title III, § 314(1), Nov. 13, 2000, 114 Stat. 2253. Section 3030h, Pub. L. 8973, title III, § 341, as added Pub. L. 100175, title I, § 140(d), Nov. 29, 1987, 101 Stat. 945; amended Pub. L. 102375, title I, § 102(b)(6), (10)(C), Sept. 30, 1992, 106 Stat. 1201, 1202; Pub. L. 103171, § 3(a)(13), Dec. 2, 1993, 107 Stat. 1990, authorized a grant program for States. Section 3030i, Pub. L. 8973, title III, § 342, as added Pub. L. 100175, title I, § 140(d), Nov. 29, 1987, 101 Stat. 945; amended Pub. L. 102375, title I, § 102(b)(7), title III, § 318, Sept. 30, 1992, 106 Stat. 1201, 1241, defined “in-home services”. Section 3030j, Pub. L. 8973, title III, § 343, as added Pub. L. 100175, title I, § 140(d), Nov. 29, 1987, 101 Stat. 945, provided for the State agency to develop eligibility criteria. Section 3030k, Pub. L. 8973, title III, § 344, as added Pub. L. 100175, title I, § 140(d), Nov. 29, 1987, 101 Stat. 946, required that funds available under former part D of this subchapter be in addition to funds otherwise expended. Section 3030l, Pub. L. 8973, title III, § 351, as added Pub. L. 100175, title I, § 141(d), Nov. 29, 1987, 101 Stat. 946; amended Pub. L. 102375, title VII, § 708(a)(2)(C), Sept. 30, 1992, 106 Stat. 1292; Pub. L. 103171, § 3(a)(13), Dec. 2, 1993, 107 Stat. 1990, authorized program of grants to satisfy special needs of older individuals.
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# 42 U.S.C. § 3030g23 - Nutrition services impact study
## Text
(a) Study (1) In general The Assistant Secretary shall perform a study to assess how to measure and evaluate the discrepancy between available services and the demand for such services in the home delivered nutrition services program and the congregate nutrition services program under this part, which shall include assessing various methods (such as those that States use) to measure and evaluate the discrepancy (such as measurement through the length of waitlists).
(2) Contents In performing the study, the Assistant Secretary shall—
(A) consider means of obtaining information in rural and underserved communities; and
(B) consider using existing tools (existing as of the date the Assistant Secretary begins the study) such as the tools developed through the Performance Outcome Measurement Project.
(3) Analysis The Assistant Secretary shall analyze and determine which methods are the least burdensome and most effective for measuring and evaluating the discrepancy described in paragraph (1).
(b) Recommendations (1) Preparation Not later than 3 years after March 25, 2020, the Assistant Secretary shall prepare recommendations—
(A) on how to measure and evaluate, with the least burden and the most effectiveness, the discrepancy described in subsection (a)(1) (such as measurement through the length of waitlists); and
(B) about whether studies similar to the study described in subsection (a) should be carried out for programs carried out under this chapter, other than this part.
(2) Issuance The Assistant Secretary shall issue the recommendations, and make the recommendations available as a notification pursuant to section 3012(a)(34) of this title and to the committees of the Senate and of the House of Representatives with jurisdiction over this chapter, and the Special Committee on Aging of the Senate.
(Pub. L. 8973, title III, § 339B, as added Pub. L. 116131, title II, § 216, Mar. 25, 2020, 134 Stat. 259.)
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# 42 U.S.C. § 3030g - Criteria
## Text
The Assistant Secretary, in consultation with recognized experts in the fields of nutrition science, dietetics, meal planning and food service management, and aging, shall develop minimum criteria of efficiency and quality for the furnishing of home delivered meal services for projects described in section 3030f of this title.
(Pub. L. 8973, title III, § 337, as added Pub. L. 95478, title I, § 103(b), Oct. 18, 1978, 92 Stat. 1536; amended Pub. L. 97115, § 10(e), Dec. 29, 1981, 95 Stat. 1601; Pub. L. 100175, title I, § 182(n), Nov. 29, 1987, 101 Stat. 967; Pub. L. 102375, title III, § 315, Sept. 30, 1992, 106 Stat. 1239; Pub. L. 103171, § 3(a)(13), Dec. 2, 1993, 107 Stat. 1990; Pub. L. 109365, title III, § 315, Oct. 17, 2006, 120 Stat. 2548.)
## Notes
Editorial Notes
Amendments2006—Pub. L. 109365 amended section generally. Prior to amendment, text read as follows: “The Assistant Secretary, in consultation with organizations of and for the aged, blind, and disabled, and with representatives from the American Dietetic Association, the Dietary Managers Association, the National Association of Area Agencies on Aging, the National Association of Nutrition and Aging Services Programs, the National Association of Meals Programs, Incorporated, and any other appropriate group, shall develop minimum criteria of efficiency and quality for the furnishing of home delivered meal services for projects described in section 3030f of this title. The criteria required by this section shall take into account the ability of established home delivered meals programs to continue such services without major alteration in the furnishing of such services.” 1993—Pub. L. 103171 substituted “Assistant Secretary” for “Commissioner”. 1992—Pub. L. 102375 inserted “the Dietary Managers Association,” after “Dietetic Association,”. 1987—Pub. L. 100175 substituted “National Association of Area Agencies” for “Association of Area Agencies”. 1981—Pub. L. 97115 substituted “National Association of Nutrition and Aging Services Programs” for “National Association of Title VII Project Directors”.
Statutory Notes and Related Subsidiaries
Effective Date of 1987 AmendmentAmendment by Pub. L. 100175 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. 100175, set out as a note under section 3001 of this title.
Effective DateSection effective at close of Sept. 30, 1978, see section 504 of Pub. L. 95478, set out as an Effective Date of 1978 Amendment note under section 3001 of this title.
Home-Delivered Nutrition Services WaiverPub. L. 116260, div. N, title VII, § 732(b), Dec. 27, 2020, 134 Stat. 2105, provided that: “For purposes of determining eligibility for the delivery of nutrition services under section 337 of the Older Americans Act of 1965 (42 U.S.C. 3030g), with funds received by a State under the Older Americans Act of 1965 (42 U.S.C. 2001 [3001] et seq.) for fiscal [year] 2021, the State shall treat an older individual who is unable to obtain nutrition because the individual is practicing social distancing due to the public health emergency in the same manner as the State treats an older individual who is homebound by reason of illness.”
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# 42 U.S.C. § 3030m - Program authorized
## Text
(a) Grants to States The Assistant Secretary shall carry out a program for making grants to States under State plans approved under section 3027 of this title to provide evidence-based disease prevention and health promotion services and information at multipurpose senior centers, at congregate meal sites, through home delivered meals programs, or at other appropriate sites. In carrying out such program, the Assistant Secretary shall provide technical assistance on the delivery of evidence-based disease prevention and health promotion services in different settings and for different populations, and consult with the Directors of the Centers for Disease Control and Prevention and the National Institute on Aging.
(b) Community organizations and agencies The Assistant Secretary shall, to the extent possible, assure that services provided by other community organizations and agencies are used to carry out the provisions of this part.
(c) Improving indoor air quality The Assistant Secretary shall work in consultation with qualified experts to provide information on methods of improving indoor air quality in buildings where older individuals congregate.
(Pub. L. 8973, title III, § 361, as added Pub. L. 100175, title I, § 143(c), Nov. 29, 1987, 101 Stat. 947; amended Pub. L. 102375, title III, § 319(a), Sept. 30, 1992, 106 Stat. 1241; Pub. L. 103171, §§ 2(13), 3(a)(13), Dec. 2, 1993, 107 Stat. 1989, 1990; Pub. L. 109365, title III, § 319, Oct. 17, 2006, 120 Stat. 2551; Pub. L. 114144, § 4(j)(2), Apr. 19, 2016, 130 Stat. 340; Pub. L. 116131, title I, § 117(b), Mar. 25, 2020, 134 Stat. 246.)
## Notes
Editorial Notes
Amendments2020—Subsec. (a). Pub. L. 116131 inserted “provide technical assistance on the delivery of evidence-based disease prevention and health promotion services in different settings and for different populations, and” before “consult”. 2016—Subsec. (a). Pub. L. 114144 inserted “evidence-based” after “to provide”. 2006—Subsec. (c). Pub. L. 109365 added subsec. (c). 1993—Subsec. (a). Pub. L. 103171, §§ 2(13), 3(a)(13), substituted “Assistant Secretary” for “Commissioner” in two places and inserted “and Prevention” after “Control”. Subsec. (b). Pub. L. 103171, § 3(a)(13), substituted “Assistant Secretary” for “Commissioner”. 1992—Subsec. (a). Pub. L. 102375, § 319(a)(1), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “The Commissioner shall carry out a program for making grants to States under State plans approved under section 3027 of this title for periodic preventive health services to be provided at senior centers or alternative sites as appropriate.” Subsecs. (b), (c). Pub. L. 102375, § 319(a)(2), (3), redesignated subsec. (c) as (b) and struck out former subsec. (b) which read as follows: “Preventive health services under this part may not include services eligible for reimbursement under Medicare.”
Statutory Notes and Related Subsidiaries
Effective DateSection 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. 100175, set out as an Effective Date of 1987 Amendment note under section 3001 of this title.
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# 42 U.S.C. § 3030n - Distribution to area agencies on aging
## Text
The State agency shall give priority, in carrying out this part, to areas of the State—
(1) which are medically underserved; and
(2) in which there are a large number of older individuals who have the greatest economic need for such services.
(Pub. L. 8973, title III, § 362, as added Pub. L. 100175, title I, § 143(c), Nov. 29, 1987, 101 Stat. 948; amended Pub. L. 102375, title I, § 102(b)(10)(G), Sept. 30, 1992, 106 Stat. 1202.)
## Notes
Editorial Notes
Prior ProvisionsPrior sections 3030o to 3030r were repealed by Pub. L. 106501, title III, §§ 315, 316(1), Nov. 13, 2000, 114 Stat. 2253. Section 3030o, Pub. L. 8973, title III, § 363, as added Pub. L. 100175, title I, § 143(c), Nov. 29, 1987, 101 Stat. 948; amended Pub. L. 102375, title III, § 319(b), Sept. 30, 1992, 106 Stat. 1242; Pub. L. 103382, title III, § 391(r)(2), Oct. 20, 1994, 108 Stat. 4024, defined “disease prevention and health promotion services”. Section 3030p, Pub. L. 8973, title III, § 381, as added Pub. L. 102375, title III, § 320, Sept. 30, 1992, 106 Stat. 1243; amended Pub. L. 103171, § 3(a)(13), Dec. 2, 1993, 107 Stat. 1990, authorized grant program for States to provide supportive activities for caretakers who provide in-home services to frail older individuals. Another prior section 3030p, Pub. L. 8973, title III, § 371, as added Pub. L. 100175, title I, § 144(e), Nov. 29, 1987, 101 Stat. 949, authorized program for prevention of abuse, neglect and exploitation of older individuals, prior to the general amendment of former part G of this subchapter by section 320 of Pub. L. 102375. Section 3030q, Pub. L. 8973, title III, § 382, as added Pub. L. 102375, title III, § 320, Sept. 30, 1992, 106 Stat. 1243, defined “in-home services”. Section 3030r, Pub. L. 8973, title III, § 383, as added Pub. L. 102375, title III, § 320, Sept. 30, 1992, 106 Stat. 1243, required that funds available under former part G of this subchapter be in addition to funds otherwise expended.
Amendments1992—Pub. L. 102375 substituted “area agencies on aging” for “area agencies” in section catchline.
Statutory Notes and Related Subsidiaries
Effective DateSection 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. 100175, set out as an Effective Date of 1987 Amendment note under section 3001 of this title.
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# 42 U.S.C. § 3030s1 - Program authorized
## Text
(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 older relative caregivers.
(b) Support services The services provided, which may be informed through the use of caregiver assessments, in a State program under subsection (a), 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 assist the caregivers in the areas of health, nutrition, and financial literacy, and 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 part shall be provided to family caregivers, and older relative caregivers, who—
(A) are described in paragraph (1) or (2) of subsection (a); and
(B) with regard to the services specified in paragraphs (4) and (5) of subsection (b), 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(22) of this title.
(2) Priority In providing services under this part, the State, in addition to giving the priority described in section 3030s(b) of this title, shall give priority—
(A) to caregivers who are older individuals with greatest social need, and older individuals with greatest economic need (with particular attention to low-income older individuals); and
(B) to older relative caregivers of children with severe disabilities, or individuals with disabilities who have severe disabilities.
(d) Use of volunteers In carrying out this part, each area agency on aging shall make use of trained volunteers to expand the provision of the available services described in subsection (b) and, if possible, work in coordination with organizations that have experience in providing training, placement, and stipends for volunteers or participants (such as organizations carrying out Federal service programs administered by the Corporation for National and Community Service), in community service settings.
(e) Best practices Not later than 1 year after March 25, 2020, and every 5 years thereafter, the Assistant Secretary shall—
(1) identify best practices relating to the programs carried out under this section and section 3057k11 of this title, regarding—
(A) the use of procedures and tools to monitor and evaluate the performance of the programs carried out under such sections;
(B) the use of evidence-based caregiver support services; and
(C) any other issue determined relevant by the Assistant Secretary; and
(2) make available, including on the website of the Administration and pursuant to section 3012(a)(34) of this title, best practices described in paragraph (1), to carry out the programs under this section and section 3057k11 of this title.
(f) 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 part.
(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 part, and standards and mechanisms, including caregiver assessments used in the State, by which the quality of the services shall be assured. The reports shall describe any mechanisms used in the State to provide to persons who are family caregivers, or older relative caregivers, information about and access to various services so that the persons can better carry out their care responsibilities.
(g) Caregiver allotment (1) In general (A) From sums appropriated under section 3023(e) of this title for a fiscal year, 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 116 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.
(h) 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 part 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 part shall be 75 percent.
(B) Non-Federal share The non-Federal share of the cost shall be provided from State and local sources.
(i) Activities of national significance The Assistant Secretary may award funds authorized under this section to States, public agencies, private nonprofit agencies, institutions of higher education, and organizations, including tribal organizations, for conducting activities of national significance that—
(1) promote quality and continuous improvement in the support provided to family caregivers and older relative caregivers through programs carried out under this section and section 3057k11 of this title; and
(2) include, with respect to such programs, program evaluation, training, technical assistance, and research.
(j) Technical assistance for caregiver assessments Not later than 1 year after March 25, 2020, the Assistant Secretary, in consultation with stakeholders with appropriate expertise and, as appropriate, informed by the strategy developed under the RAISE Family Caregivers Act (42 U.S.C. 3030s note), shall provide technical assistance to promote and implement the use of caregiver assessments. Such technical assistance may include sharing available tools or templates, comprehensive assessment protocols, and best practices concerning—
(1) conducting caregiver assessments (including reassessments) as needed;
(2) implementing such assessments that are consistent across a planning and service area, as appropriate; and
(3) implementing caregiver support service plans, including conducting referrals to and coordination of activities with relevant State services.
(Pub. L. 8973, title III, § 373, as added Pub. L. 106501, title III, § 316(2), Nov. 13, 2000, 114 Stat. 2254; amended Pub. L. 109365, title III, § 321, Oct. 17, 2006, 120 Stat. 2551; Pub. L. 114144, § 4(l), (m), Apr. 19, 2016, 130 Stat. 341; Pub. L. 116131, title II, §§ 217(b), 218(a), Mar. 25, 2020, 134 Stat. 260, 262.)
## Notes
Editorial Notes
References in TextThe RAISE Family Caregivers Act, referred to in subsec. (j), is Pub. L. 115119, Jan. 22, 2018, 132 Stat. 23, also known as the Recognize, Assist, Include, Support, and Engage Family Caregivers Act of 2017, which is set out as a note under section 3030s of this title.
Amendments2020—Subsec. (b). Pub. L. 116131, § 217(b)(1), inserted “which may be informed through the use of caregiver assessments,” after “provided,” in introductory provisions. Subsec. (e). Pub. L. 116131, § 217(b)(4), added subsec. (e). Former subsec. (e) redesignated (f). Subsec. (e)(3). Pub. L. 116131, § 217(b)(2), inserted “, including caregiver assessments used in the State,” after “mechanisms” in first sentence. Subsecs. (f) to (h). Pub. L. 116131, § 217(b)(3), redesignated subsecs. (e) to (g) as (f) to (h), respectively. Subsec. (h)(2)(C). Pub. L. 116131, § 218(a), struck out subpar. (C). Text read as follows: “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 older relative caregivers.” Subsecs. (i), (j). Pub. L. 116131, § 217(b)(5), added subsecs. (i) and (j). 2016—Pub. L. 114144, § 4(m), substituted “this part” for “this subpart” wherever appearing. Subsec. (a)(2). Pub. L. 114144, § 4(l)(1), substituted “older relative caregivers.” for “grandparents or older individuals who are relative caregivers.” Subsec. (c)(1). Pub. L. 114144, § 4(l)(2)(A), in introductory provisions, substituted “older relative caregivers, who” for “grandparents and older individuals who are relative caregivers, and who”. Subsec. (c)(2)(B). Pub. L. 114144, § 4(l)(2)(B), substituted “to older relative caregivers of children with severe disabilities, or individuals with disabilities who have severe disabilities” for “to older individuals providing care to individuals with severe disabilities, including children with severe disabilities”. Subsec. (e)(3). Pub. L. 114144, § 4(l)(3), substituted “older relative caregivers” for “grandparents or older individuals who are relative caregivers”. Subsec. (f)(1)(A). Pub. L. 114144, § 4(l)(4), substituted “for a fiscal year” for “for fiscal years 2007, 2008, 2009, 2010, and 2011”. Subsec. (g)(2)(C). Pub. L. 114144, § 4(l)(5), substituted “older relative caregivers” for “grandparents and older individuals who are relative caregivers of a child who is not more than 18 years of age”. 2006—Subsec. (b)(3). Pub. L. 109365, § 321(1), substituted “assist the caregivers in the areas of health, nutrition, and financial literacy, and in making decisions and solving problems relating to their caregiving roles;” for “caregivers to assist the caregivers in making decisions and solving problems relating to their caregiving roles;”. Subsec. (c)(1)(B). Pub. L. 109365, § 321(2)(A), substituted “subparagraph (A)(i) or (B) of section 3002(22)” for “subparagraph (A)(i) or (B) of section 3002(28)”. Subsec. (c)(2). Pub. L. 109365, § 321(2)(B), added par. (2) and struck out former par. (2). Prior to amendment, text read as follows: “In providing services under this subpart, the State shall give priority for services to older individuals with greatest social and economic need, (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 (42 U.S.C. 6001)) (referred to in this subpart as developmental disabilities).” Subsec. (d). Pub. L. 109365, § 321(3), amended subsec. (d) generally. Prior to amendment, text read as follows: “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.” Subsec. (e)(3). Pub. L. 109365, § 321(4), inserted at end “The reports shall describe any mechanisms used in the State to provide to persons who are family caregivers, or grandparents or older individuals who are relative caregivers, information about and access to various services so that the persons can better carry out their care responsibilities.” Subsec. (f)(1)(A). Pub. L. 109365, § 321(5), substituted “2007, 2008, 2009, 2010, and 2011” for “2001 through 2005”. Subsec. (g)(2)(C). Pub. L. 109365, § 321(6), inserted “of a child who is not more than 18 years of age” before period at end.
Statutory Notes and Related Subsidiaries
Monitoring the Impact of the Elimination of the Cap on Funds for Older Relative CaregiversPub. L. 116131, title II, § 218(b), Mar. 25, 2020, 134 Stat. 262, provided that: “(1) Report.—Not later than 18 months after the date of enactment of this Act [Mar. 25, 2020], and annually thereafter, the Assistant Secretary [for Aging] shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Labor [now Committee on Education and the Workforce] of the House of Representatives a report on the impact of the amendment made by subsection (a) [amending this section] to eliminate the limitation on funds that States may allocate to provide support services to older relative caregivers in the National Family Caregiver Support Program established under part E of title III of the Older Americans Act of 1965 (42 U.S.C. 3030s et seq.). Each such report shall also be made available to the public. “(2) Contents.—For purposes of reports required by paragraph (1), each State that receives an allotment under such National Family Caregiver Support Program for fiscal year 2020 or a subsequent fiscal year shall report to the Assistant Secretary for the fiscal year involved the amount of funds of the total Federal and non-Federal shares described in section 373(h)(2) of the Older Americans Act of 1965 (42 U.S.C. 3030s1(h)(2)) used by the State to provide support services for older relative caregivers and the amount of such funds so used for family caregivers.”
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# 42 U.S.C. § 3030s2 - Maintenance of effort
## Text
Funds made available under this part 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 3030s1 of this title.
(Pub. L. 8973, title III, § 374, as added Pub. L. 106501, title III, § 316(2), Nov. 13, 2000, 114 Stat. 2256; amended Pub. L. 114144, § 4(m), Apr. 19, 2016, 130 Stat. 341.)
## Notes
Editorial Notes
Prior ProvisionsPrior sections 3030s11 and 3030s12, which comprised subpart II of this part, were repealed by Pub. L. 109365, title III, § 322, Oct. 17, 2006, 120 Stat. 2552. Section 3030s11, Pub. L. 8973, title III, § 375, as added Pub. L. 106501, title III, § 316(2), Nov. 13, 2000, 114 Stat. 2256, provided for an innovation grant program. Section 3030s12, Pub. L. 8973, title III, § 376, as added Pub. L. 106501, title III, § 316(2), Nov. 13, 2000, 114 Stat. 2257, directed Assistant Secretary to 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.
Amendments2016—Pub. L. 114144 substituted “this part” for “this subpart”.
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# 42 U.S.C. § 3031 - Purposes
## Text
The purposes of this subchapter are—
(1) to expand the Nations knowledge and understanding of the older population and the aging process;
(2) to design, test, and promote the use of innovative ideas and best practices in programs and services for older individuals;
(3) to help meet the needs for trained personnel in the field of aging; and
(4) to increase awareness of citizens of all ages of the need to assume personal responsibility for their own longevity.
(Pub. L. 8973, title IV, § 401, as added Pub. L. 106501, title IV, § 401, Nov. 13, 2000, 114 Stat. 2257.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 3031, Pub. L. 8973, title IV, § 411, as added Pub. L. 97115, § 11(a), Dec. 29, 1981, 95 Stat. 1601; amended Pub. L. 98459, title IV, § 403, Oct. 9, 1984, 98 Stat. 1781; Pub. L. 100175, title I, §§ 105(e)(1), 134(c)(3), 156(a), Nov. 29, 1987, 101 Stat. 930, 941, 954; Pub. L. 100628, title VII, § 705(7), Nov. 7, 1988, 102 Stat. 3247; Pub. L. 102375, title I, § 102(b)(1)(A), (10)(A), (H), title IV, § 404, Sept. 30, 1992, 106 Stat. 1200, 1202, 1244; Pub. L. 103171, §§ 2(15), 3(a)(13), Dec. 2, 1993, 107 Stat. 1989, 1990, related to purposes and requirements of grants and contracts, prior to the general amendment of this subchapter by Pub. L. 106501. Another prior section 3031, Pub. L. 8973, title IV, § 401, as added Pub. L. 9329, title IV, § 401, May 3, 1973, 87 Stat. 45; amended Pub. L. 95478, 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. 97115. Another prior section 3031, Pub. L. 8973, title IV, § 401, July 14, 1965, 79 Stat. 224; Pub. L. 9042, § 5(b), July 1, 1967, 81 Stat. 107; Pub. L. 9169, § 7, Sept. 17, 1969, 83 Stat. 111, related to description of activities, prior to repeal by Pub. L. 9329, title IV, § 401, May 3, 1973, 87 Stat. 45. A prior section 401 of Pub. L. 8973 was classified to section 3030aa of this title, prior to the general amendment of this subchapter by Pub. L. 106501.
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# 42 U.S.C. § 3032 - Program authorized
## Text
(a) In general For the purpose of carrying out this section, the Assistant Secretary may make grants to and enter into contracts with States, public agencies, private nonprofit agencies, institutions of higher education, and organizations, including tribal organizations, for—
(1) education and training to develop an adequately trained workforce to work with and on behalf of older individuals;
(2) applied social research, aligned with evidence-based practice, and analysis to improve access to and delivery of services for older individuals;
(3) evaluation of the performance of the programs, activities, and services provided under this section;
(4) the development of methods and practices to improve the quality and effectiveness of the programs, services, and activities provided under this section;
(5) the demonstration of new approaches to design, deliver, and coordinate programs and services for older individuals;
(6) technical assistance in planning, developing, implementing, and improving the programs, services, and activities provided under this section;
(7) coordination with the designated State agency described in section 101(a)(2)(A)(i) of the Rehabilitation Act of 1973 (29 U.S.C. 721(a)(2)(A)(i)) to provide services to older individuals who are blind as described in such Act [29 U.S.C. 701 et seq.];
(8) the training of graduate level professionals specializing in the mental health needs of older individuals;
(9) planning activities to prepare communities for the aging of the population, which activities may include—
(A) efforts to assess the aging population;
(B) activities to coordinate the activities of State and local agencies in order to meet the needs of older individuals; and
(C) training and technical assistance to support States, area agencies on aging, and organizations receiving grants under subchapter X, in engaging in community planning activities;
(10) the development, implementation, and assessment of technology-based service models and best practices, to support the use of health monitoring and assessment technologies, communication devices, assistive technologies, and other technologies consistent with section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d) that may remotely connect family and professional caregivers to frail older individuals residing in home and community-based settings or rural areas;
(11) conducting activities of national significance to promote quality and continuous improvement in the support provided to family and other informal caregivers of older individuals through activities that include program evaluation, training, technical assistance, and research, including—
(A) programs addressing unique issues faced by rural caregivers;
(B) programs focusing on the needs of older individuals with cognitive impairment such as Alzheimers disease and related disorders with neurological and organic brain dysfunction, and their caregivers; and
(C) programs supporting caregivers in the role they play in providing disease prevention and health promotion services;
(12) building public awareness of cognitive impairments, such as Alzheimers disease and related disorders with neurological and organic brain dysfunction, depression, mental disorders, and traumatic brain injury;
(13) in coordination with the Secretary of Labor, the demonstration of new strategies for the recruitment, retention, or advancement of direct care workers, and the soliciting, development, and implementation of strategies—
(A) to reduce barriers to entry for a diverse and high-quality direct care workforce, including providing wages, benefits, and advancement opportunities needed to attract or retain direct care workers; and
(B) to provide education and workforce development programs for direct care workers that include supportive services and career planning;
(14) the establishment and operation of a national resource center that shall—
(A) provide training and technical assistance to agencies in the aging network delivering services to older individuals experiencing the long-term and adverse consequences of trauma;
(B) share best practices with the aging network; and
(C) make subgrants to the agencies best positioned to advance and improve the delivery of person-centered, trauma-informed services for older individuals experiencing the long-term and adverse consequences of trauma;
(15) bringing to scale and sustaining evidence-based falls prevention programs that will reduce the number of falls, fear of falling, and fall-related injuries in older individuals, including older individuals with disabilities;
(16) bringing to scale and sustaining evidence-based chronic disease self-management programs that empower older individuals, including older individuals with disabilities, to better manage their chronic conditions;
(17) continuing support for program integrity initiatives concerning the Medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) that train senior volunteers to prevent and identify health care fraud and abuse;
(18) projects that address negative health effects associated with social isolation among older individuals; and
(19) any other activities that the Assistant Secretary determines will achieve the objectives of this section.
(b) Authorization of appropriations There are authorized to be appropriated to carry out—
(1) aging network support activities under this section, $14,514,550 for fiscal year 2020, $15,385,423 for fiscal year 2021, $16,308,548 for fiscal year 2022, $17,287,061 for fiscal year 2023, and $18,324,285 for fiscal year 2024; and
(2) elder rights support activities under this section, $15,613,440 for fiscal year 2020, $16,550,246 for fiscal year 2021, $17,543,261 for fiscal year 2022, $18,595,857 for fiscal year 2023, and $19,711,608 for fiscal year 2024.
(Pub. L. 8973, title IV, § 411, as added Pub. L. 106501, title IV, § 401, Nov. 13, 2000, 114 Stat. 2257; amended Pub. L. 109365, title IV, § 402, Oct. 17, 2006, 120 Stat. 2552; Pub. L. 114144, § 5(a), Apr. 19, 2016, 130 Stat. 341; Pub. L. 116131, title I, §§ 104(3), 119, 120, title III, §§ 301304, Mar. 25, 2020, 134 Stat. 243, 247, 263.)
## Notes
Editorial Notes
References in TextThe Rehabilitation Act of 1973, referred to in subsec. (a)(7), is Pub. L. 93112, Sept. 26, 1973, 87 Stat. 355, which is classified generally to chapter 16 (§ 701 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 701 of Title 29 and Tables. The Social Security Act, referred to in subsec. (a)(17), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title XVIII of the Act is classified generally to subchapter XVIII (§ 1395 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.
Prior ProvisionsA prior section 3032, Pub. L. 8973, title IV, § 412, as added Pub. L. 97115, § 11(a), Dec. 29, 1981, 95 Stat. 1601; amended Pub. L. 98459, title IV, § 404, Oct. 9, 1984, 98 Stat. 1782; Pub. L. 100175, title I, §§ 105(e)(2), 134(c)(4), 146(c), 156(b), Nov. 29, 1987, 101 Stat. 930, 941, 950, 954; Pub. L. 102375, title I, § 102(b)(10)(I), title IV, § 405, title IX, § 904(a)(17), Sept. 30, 1992, 106 Stat. 1202, 1245, 1308; Pub. L. 103171, § 3(a)(13), Dec. 2, 1993, 107 Stat. 1990, related to establishment and support of multidisciplinary centers of gerontology and gerontology centers of special emphasis, prior to the general amendment of this subchapter by Pub. L. 106501. Another prior section 3032, Pub. L. 8973, title IV, § 402, as added Pub. L. 9329, title IV, § 401, May 3, 1973, 87 Stat. 45; amended Pub. L. 95478, 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. 97115. Another prior section 3032, Pub. L. 8973, 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. 9329, title IV, § 401, May 3, 1973, 87 Stat. 45. A prior section 411 of Pub. L. 8973 was classified to section 3031 of this title, prior to the general amendment of this subchapter by Pub. L. 106501. Another prior section 411 of Pub. L. 8973 was classified to section 3035 of this title, prior to the general amendment of this subchapter by Pub. L. 97115.
Amendments2020—Subsec. (a)(2). Pub. L. 116131, § 104(3)(A), inserted “, aligned with evidence-based practice,” after “applied social research”. Subsec. (a)(10). Pub. L. 116131, § 104(3)(B), inserted “consistent with section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d)” after “other technologies”. Subsec. (a)(12). Pub. L. 116131, § 302, substituted “impairments,” for “impairments” and “, mental disorders, and traumatic brain injury” for “, and mental disorders”. Subsec. (a)(13). Pub. L. 116131, § 119(2), added par. (13). Former par. (13) redesignated (17). Subsec. (a)(14). Pub. L. 116131, § 120(2), added par. (14). Former par. (14) redesignated (19). Subsec. (a)(15), (16). Pub. L. 116131, § 303(2), added pars. (15) and (16). Subsec. (a)(17). Pub. L. 116131, §§ 119(1), 120(1), 303(1), redesignated par. (13) successively as (14), (15), and (17). Subsec. (a)(18). Pub. L. 116131, § 304(1), (3), added par. (18). Subsec. (a)(19). Pub. L. 116131, §§ 119(1), 120(1), 303(1), 304(2), redesignated par. (14) successively as (15), (16), (18), and (19). Subsec. (b). Pub. L. 116131, § 301, amended subsec. (b) generally. Prior to amendment, subsec. (b) related to authorization of appropriations for aging network support activities and elder rights support activities for fiscal years 2017 to 2019. 2016—Subsec. (a)(13), (14). Pub. L. 114144, § 5(a)(1), added par. (13) and redesignated former par. (13) as (14). Subsec. (b). Pub. L. 114144, § 5(a)(2), substituted “carry out—” for “carry out this section such sums as may be necessary for fiscal years 2007, 2008, 2009, 2010, and 2011.” and added pars. (1) and (2). 2006—Subsec. (a)(9) to (13). Pub. L. 109365, § 402(1), added pars. (9) to (12) and redesignated former par. (9) as (13). Subsec. (b). Pub. L. 109365, § 402(2), substituted “years 2007, 2008, 2009, 2010, and 2011” for “year 2001, and such sums as may be necessary for subsequent fiscal years”.
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# 42 U.S.C. § 3032a - Career preparation for the field of aging
## Text
(a) Grants The Assistant Secretary shall make grants to institutions of higher education, including historically Black colleges or universities, Hispanic-serving institutions, and Hispanic Centers of Excellence in Applied Gerontology, to provide education and training that prepares students for careers in the field of aging.
(b) Definitions For purposes of subsection (a):
(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. 8973, title IV, § 412, as added Pub. L. 106501, title IV, § 401, Nov. 13, 2000, 114 Stat. 2258; amended Pub. L. 109365, title IV, § 403, Oct. 17, 2006, 120 Stat. 2553.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 412 of Pub. L. 8973 was classified to section 3032 of this title, prior to the general amendment of this subchapter by Pub. L. 106501. Another prior section 412 of Pub. L. 8973 was classified to section 3035a of this title, prior to repeal by Pub. L. 95478, title I, § 104(b)(3), Oct. 18, 1978, 92 Stat. 1539.
Amendments2006—Subsec. (a). Pub. L. 109365 amended subsec. (a) generally. Prior to amendment, text read as follows: “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.”
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# 42 U.S.C. § 3032b - Older individuals protection from violence projects
## Text
(a) Program authorized The Assistant Secretary shall make grants to States, area agencies on aging, nonprofit organizations, or tribal organizations to carry out the activities described in subsection (b).
(b) Activities A State, an area agency on aging, a nonprofit organization, or a tribal organization that receives a grant under subsection (a) shall use such grant to—
(1) support projects in local communities, involving diverse sectors of each community, to coordinate activities concerning intervention in and prevention of elder abuse, neglect, and exploitation, including family violence and sexual assault, against older individuals;
(2) develop and implement outreach programs directed toward assisting older individuals who are victims of elder abuse, neglect, and exploitation (including family violence and sexual assault, against older individuals), including programs directed toward assisting the individuals in senior housing complexes, nursing homes, board and care facilities, and senior centers;
(3) expand access to family violence and sexual assault programs (including shelters, rape crisis centers, and support groups), including mental health services, safety planning and legal advocacy for older individuals and encourage the use of senior housing, hotels, or other suitable facilities or services when appropriate as emergency short-term shelters for older individuals who are the victims of elder abuse, including family violence and sexual assault; or
(4) promote research on legal, organizational, or training impediments to providing services to older individuals through shelters and other programs, such as impediments to provision of services in coordination with delivery of health care or services delivered under this chapter.
(c) Preference In awarding grants under subsection (a), the Assistant Secretary shall give preference to a State, an area agency on aging, a nonprofit organization, or a tribal organization that has the ability to carry out the activities described in this section and subchapter XI of this chapter.
(d) Coordination The Assistant Secretary shall encourage each State, area agency on aging, nonprofit organization, and tribal organization that receives a grant under subsection (a) to coordinate activities provided under this section with activities provided by other area agencies on aging, tribal organizations, State adult protective service programs, private nonprofit organizations, and by other entities receiving funds under subchapter XI of this chapter.
(Pub. L. 8973, title IV, § 413, as added Pub. L. 106501, title IV, § 401, Nov. 13, 2000, 114 Stat. 2259.)
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# 42 U.S.C. § 3032c - Health care service demonstration projects in rural areas
## Text
(a) Authority The Assistant Secretary, after consultation with the State agency of the State involved, shall make grants to eligible public agencies and nonprofit private organizations to pay part or all of the cost of developing or operating model health care service projects (including related home health care services, adult day health care, mental health services, outreach, and transportation) through multipurpose senior centers that are located in rural areas and that provide nutrition services under section 3030e of this title, to meet the health care needs of medically underserved older individuals residing in such areas.
(b) Eligibility To be eligible to receive a grant under subsection (a), a public agency or nonprofit private organization shall submit to the Assistant Secretary an application containing such information and assurances as the Secretary may require, including—
(1) information describing the nature and extent of the applicants—
(A) experience in providing medical services of the type to be provided in the project for which a grant is requested; and
(B) coordination and cooperation with—
(i) institutions of higher education having graduate programs with capability in public health, mental health, the medical sciences, psychology, pharmacology, nursing, social work, health education, nutrition, or gerontology, for the purpose of designing and developing such project; and
(ii) critical access hospitals (as defined in section 1395x(mm)(1) of this title and rural health clinics (as defined in section 1395x(aa)(2) of this title);
(2) assurances that the applicant will carry out the project for which a grant is requested, through a multipurpose senior center located—
(A) (i) in a rural area that has a population of less than 5,000; or
(ii) in a county that has fewer than seven individuals per square mile; and
(B) in a State in which—
(i) not less than 33⅓ of the population resides in rural areas; and
(ii) not less than 5 percent of the population resides in counties with fewer than seven individuals per square mile,
as defined by and determined in accordance with the most recent data available from the Bureau of the Census; and
(3) assurances that the applicant will submit to the Assistant Secretary such evaluations and reports as the Assistant Secretary may require.
(c) Reports The Assistant Secretary shall prepare and submit to the appropriate committees of Congress a report that includes summaries of the evaluations and reports required under subsection (b).
(Pub. L. 8973, title IV, § 414, as added Pub. L. 106501, title IV, § 401, Nov. 13, 2000, 114 Stat. 2259; amended Pub. L. 109365, title IV, § 404, Oct. 17, 2006, 120 Stat. 2553.)
## Notes
Editorial Notes
Amendments2006—Subsec. (a). Pub. L. 109365, § 404(1), inserted “mental health services,” after “adult day health care,”. Subsec. (b)(1)(B)(i). Pub. L. 109365, § 404(2), inserted “mental health,” after “public health,”.
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# 42 U.S.C. § 3032d - Repealed. Pub. L. 114144, § 5(d), Apr. 19, 2016, 130 Stat. 342
## Notes
Section, Pub. L. 8973, title IV, § 415, as added Pub. L. 106501, title IV, § 401, Nov. 13, 2000, 114 Stat. 2260, related to grants or contracts for computer training and enhanced Internet access for older individuals.
@@ -0,0 +1,67 @@
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# 42 U.S.C. § 3032e - Technical assistance and innovation to improve transportation for older individuals
## Text
(a) In general The Secretary may award grants or contracts to nonprofit organizations to improve transportation services for older individuals.
(b) Use of funds (1) In general A nonprofit organization receiving a grant or contract under subsection (a) shall use the funds received through such grant or contract to carry out a demonstration project, or to provide technical assistance to assist local transit providers, area agencies on aging, senior centers, and local senior support groups, to encourage and facilitate coordination of Federal, State, and local transportation services and resources for older individuals. The organization may use the funds to develop and carry out an innovative transportation demonstration project to create transportation services for older individuals.
(2) Specific activities In carrying out a demonstration project or providing technical assistance under paragraph (1) the organization may carry out activities that include—
(A) developing innovative approaches for improving access by older individuals to transportation services, including volunteer driver programs, economically sustainable transportation programs, and programs that allow older individuals to transfer their automobiles to a provider of transportation services in exchange for the services;
(B) preparing information on transportation options and resources for older individuals and organizations serving such individuals, and disseminating the information by establishing and operating a toll-free telephone number, call center, website or Internet-based portal, mobile application, or other technological tools;
(C) developing models and best practices for providing comprehensive integrated transportation services for older individuals, including services administered by the Secretary of Transportation, by providing ongoing technical assistance to agencies providing services under subchapter III and by assisting in coordination of public and community transportation services;
(D) (i) improving the aggregation, availability, and accessibility of information on options for transportation services for older individuals, including information on public transit, on-demand transportation services, volunteer-based transportation services, and other private transportation providers; and
(ii) providing older individuals with the ability to schedule trips both in advance and on demand, as appropriate;
(E) identifying opportunities to share resources and reduce costs of transportation services for older individuals;
(F) coordinating individualized trip planning responses to requests from older individuals for transportation services; and
(G) providing special services to link older individuals to transportation services not provided under subchapter III.
(c) Economically sustainable transportation In this section, the term “economically sustainable transportation” means demand responsive transportation for older individuals—
(1) that may be provided through volunteers; and
(2) that the provider will provide without receiving Federal or other public financial assistance, after a period of not more than 5 years of providing the services under this section.
(Pub. L. 8973, title IV, § 416, as added Pub. L. 106501, title IV, § 401, Nov. 13, 2000, 114 Stat. 2261; amended Pub. L. 109365, title IV, § 405, Oct. 17, 2006, 120 Stat. 2554; Pub. L. 116131, title III, § 305, Mar. 25, 2020, 134 Stat. 263.)
## Notes
Editorial Notes
Amendments2020—Subsec. (b)(2)(B). Pub. L. 116131, § 305(1), inserted “, call center, website or Internet-based portal, mobile application, or other technological tools” before semicolon at end. Subsec. (b)(2)(D) to (G). Pub. L. 116131, § 305(2)(4), added subpars. (D) to (F) and redesignated former subpar. (D) as (G). 2006—Pub. L. 109365 amended section generally. Prior to amendment, text consisted of subsecs. (a) and (b) relating to grants and contracts to provide technical assistance to improve transportation for seniors.
@@ -0,0 +1,131 @@
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# 42 U.S.C. § 3032f - Demonstration, support, and research projects for multigenerational and civic engagement activities
## Text
(a) Grants and contracts The Assistant Secretary shall award grants to and enter into contracts with eligible organizations to carry out projects, serving individuals in younger generations and older individuals, to—
(1) provide opportunities for older individuals to participate in multigenerational activities and civic engagement activities that contribute to the health and wellness of older individuals and individuals in younger generations by promoting—
(A) meaningful roles for participants;
(B) reciprocity in relationship building;
(C) reduced social isolation and improved participant social connectedness;
(D) improved economic well-being for older individuals;
(E) increased lifelong learning; or
(F) support for caregivers of families by—
(i) providing support for older relative caregivers (as defined in section 3030s(a) of this title) raising children (such as support for kinship navigator programs); or
(ii) involving volunteers who are older individuals who provide support and information to families who have a child with a disability or chronic illness, or other families in need of such family support;
(2) coordinate multigenerational activities and civic engagement activities, including multigenerational nutrition and meal service programs;
(3) promote volunteerism, including by providing opportunities for older individuals to become a mentor to individuals in younger generations; and
(4) facilitate development of, and participation in, multigenerational activities and civic engagement activities.
(b) Grant and contract periods Each grant awarded and contract entered into under subsection (a) shall be for a period of not less than 36 months.
(c) Use of funds (1) In general An eligible organization shall use funds made available under a grant awarded, or a contract entered into, under this section to carry out a project described in subsection (a).
(2) Provision of projects through grantees In awarding grants and entering into contracts under this section, the Assistant Secretary shall ensure that such grants and contracts are for the projects that satisfy each requirement under paragraphs (1) through (4) of subsection (a).
(d) Preference In awarding grants and entering into contracts to carry out a project described in subsection (a), the Assistant Secretary shall give preference to—
(1) eligible organizations with a demonstrated record of carrying out, intent to carry out, or intent to partner with local organizations or multiservice organizations to carry out, multigenerational activities or civic engagement activities;
(2) eligible organizations proposing multigenerational activity projects that will serve older individuals and communities with the greatest need (with particular attention to low-income minority individuals, older individuals with limited English proficiency, older individuals residing in rural areas, and low-income minority communities);
(3) eligible organizations proposing civic engagement projects that will serve communities with the greatest need;
(4) eligible organizations with the capacity to develop meaningful roles and assignments that use the time, skills, and experience of older individuals to serve public and nonprofit organizations; and
(5) eligible organizations proposing multigenerational activity projects that utilize shared site programs, such as collocated child care and long-term care facilities.
(e) Application To be eligible to receive a grant or enter into a contract under subsection (a), 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.
(f) Eligible organizations Organizations eligible to receive a grant or enter into a contract under subsection (a) shall—
(1) be a State, an area agency on aging, or an organization that provides opportunities for older individuals to participate in activities described in such subsection; and
(2) have the capacity to conduct the coordination, promotion, and facilitation described in such subsection through the use of multigenerational coordinators.
(g) Evaluation (1) In general Not later than 3 years after March 25, 2020, the Assistant Secretary shall, through data submitted by organizations carrying out projects through grants or contracts under this section, evaluate the activities supported through such grants and contracts to determine—
(A) the effectiveness of such activities;
(B) the impact of such activities on the community being served and the organization providing the activities; and
(C) the impact of such activities on older individuals participating in such projects.
(2) Report to Congress Not later than 6 months after the Assistant Secretary completes the evaluation under paragraph (1), 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 such evaluation and contains, at a minimum—
(A) the names or descriptive titles of the projects funded under subsection (a);
(B) a description of the nature and operation of such projects;
(C) the names and addresses of organizations that conducted such projects;
(D) a description of the methods and success of such projects in recruiting older individuals as employees and as volunteers to participate in the projects;
(E) a description of the success of the projects in retaining older individuals participating in such projects as employees and as volunteers;
(F) the rate of turnover of older individuals who are employees or volunteers in such projects;
(G) a strategy for disseminating the findings resulting from such projects; and
(H) any policy change recommendations relating to such projects.
(h) Definitions As used in this section:
(1) Multigenerational activity The term “multigenerational activity” means an activity that provides an opportunity for interaction between 2 or more individuals of different generations, including activities connecting older individuals and youth 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, a before- or after-school program, a library program, or a family support program.
(2) Multigenerational coordinator The term “multigenerational coordinator” means a person who—
(A) builds the capacity of public and nonprofit organizations to develop meaningful roles and assignments, that use the time, skill, and experience of older individuals to serve those organizations; and
(B) nurtures productive, sustainable working relationships between—
(i) older individuals; and
(ii) individuals in younger generations.
(Pub. L. 8973, title IV, § 417, as added Pub. L. 106501, title IV, § 401, Nov. 13, 2000, 114 Stat. 2261; amended Pub. L. 109365, title IV, § 406, Oct. 17, 2006, 120 Stat. 2555; Pub. L. 114144, § 5(e), Apr. 19, 2016, 130 Stat. 342; Pub. L. 116131, title III, § 306, Mar. 25, 2020, 134 Stat. 264.)
## Notes
Editorial Notes
Amendments2020—Subsec. (a). Pub. L. 116131, § 306(1), amended subsec. (a) generally. Prior to amendment, subsec. (a) related to grants and contracts. Subsec. (b). Pub. L. 116131, § 306(4), added subsec. (b). Former subsec. (b) redesignated (c). Subsec. (c). Pub. L. 116131, § 306(3), (5), redesignated subsec. (b) as (c) and amended it generally. Prior to amendment, subsec. related to use of funds. Former subsec. (c) redesignated (d). Subsec. (d). Pub. L. 116131, § 306(3), redesignated subsec. (c) as (d). Former subsec. (d) redesignated (e). Subsec. (d)(1). Pub. L. 116131, § 306(6)(A), inserted “, intent to carry out, or intent to partner with local organizations or multiservice organizations to carry out,” after “record of carrying out”. Subsec. (d)(5). Pub. L. 116131, § 306(6)(B)(D), added par. (5). Subsec. (e). Pub. L. 116131, § 306(3), redesignated subsec. (d) as (e). Former subsec. (e) redesignated (f). Subsec. (f). Pub. L. 116131, § 306(3), (7), redesignated subsec. (e) as (f) and amended it generally. Prior to amendment, subsec. related to eligible organizations. Former subsec. (f) redesignated (g). Subsec. (g). Pub. L. 116131, § 306(3), (7), redesignated subsec. (f) as (g) and amended it generally. Prior to amendment, subsec. related to local evaluation and report. Former subsec. (g) struck out. Pub. L. 116131, § 306(2), struck out subsec. (g) which related to report to Congress. Subsec. (h)(2)(B)(i). Pub. L. 116131, § 306(8), substituted “older individuals” for “individuals from the generations with older individuals”. 2016—Subsec. (a)(1)(A). Pub. L. 114144 substituted “older relative caregivers (as defined in section 3030s of this title)” for “grandparents and other older individuals who are relative caregivers”. 2006—Pub. L. 109365 amended section generally, substituting provisions relating to demonstration, support, and research projects for multigenerational and civic engagement activities for provisions relating to demonstration projects for multigenerational activities.
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# 42 U.S.C. § 3032g - Native American programs
## Text
(a) Establishment (1) In general 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.
(2) Functions (A) In general Each Resource Center that receives funds under this section shall—
(i) gather information;
(ii) perform research;
(iii) provide for the dissemination of results of the research; and
(iv) provide technical assistance and training to entities that provide services to Native Americans who are older individuals.
(B) Areas of concern In conducting the functions described in subparagraph (A), 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—
(i) health (including mental health) problems;
(ii) long-term care, including in-home care;
(iii) elder abuse; and
(iv) other problems and issues that the Assistant Secretary determines are of particular importance to Native Americans who are older individuals.
(3) Preference In awarding grants and entering into contracts under paragraph (1), the Assistant Secretary shall give preference to institutions of higher education that have conducted research on, and assessments of, the characteristics and needs of Native Americans who are older individuals.
(4) 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.
(5) Eligible entities To be eligible to receive a grant or enter into a contract under paragraph (1), an entity shall be an institution of higher education with experience conducting research and assessment on the needs of older individuals.
(6) 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.
(b) Training grants The Assistant Secretary shall make grants and enter into contracts to provide in-service training opportunities and courses of instruction on aging to Indian tribes through public or nonprofit Indian aging organizations and to provide annually national trainings for directors of programs under this subchapter.
(Pub. L. 8973, title IV, § 418, as added Pub. L. 106501, title IV, § 401, Nov. 13, 2000, 114 Stat. 2263; amended Pub. L. 109365, title IV, § 407, Oct. 17, 2006, 120 Stat. 2557; Pub. L. 114144, § 5(b), Apr. 19, 2016, 130 Stat. 341.)
## Notes
Editorial Notes
Amendments2016—Subsec. (b). Pub. L. 114144 substituted “national trainings for” for “a national meeting to train”. 2006—Subsec. (a)(2)(B)(i). Pub. L. 109365 inserted “(including mental health)” after “health”.
@@ -0,0 +1,33 @@
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# 42 U.S.C. § 3032h - Repealed. Pub. L. 114144, § 5(d), Apr. 19, 2016, 130 Stat. 342
## Notes
Section, Pub. L. 8973, title IV, § 419, as added Pub. L. 106501, title IV, § 401, Nov. 13, 2000, 114 Stat. 2264; amended Pub. L. 109365, title IV, § 408, Oct. 17, 2006, 120 Stat. 2557, related to grants for multidisciplinary centers and multidisciplinary systems.
@@ -0,0 +1,59 @@
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# 42 U.S.C. § 3032i - Demonstration and support projects for legal assistance for older individuals
## Text
(a) Program authorized 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) Assurances Any grants or contracts made under subsection (a)(2) shall contain assurances that the requirements of section 3027(a)(11) of this title are met.
(c) Assistance To carry out subsection (a)(1), the Assistant Secretary shall make grants to or enter into contracts with nonprofit organizations experienced in providing support and technical assistance on a nationwide basis to States, area agencies on aging, legal assistance providers, ombudsmen, elder abuse prevention programs, and other organizations interested in the legal rights of older individuals.
(Pub. L. 8973, title IV, § 420, as added Pub. L. 106501, title IV, § 401, Nov. 13, 2000, 114 Stat. 2265; amended Pub. L. 114144, § 5(c), Apr. 19, 2016, 130 Stat. 342.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 420 of Pub. L. 8973 was classified to section 3034 of this title, prior to the general amendment of this subchapter by Pub. L. 106501.
Amendments2016—Subsec. (c). Pub. L. 114144 struck out “national” before “nonprofit organizations”.
@@ -0,0 +1,37 @@
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# 42 U.S.C. § 3032j - Repealed. Pub. L. 114144, § 5(d), Apr. 19, 2016, 130 Stat. 342
## Notes
Section, Pub. L. 8973, title IV, § 421, as added Pub. L. 106501, title IV, § 401, Nov. 13, 2000, 114 Stat. 2265, related to grants for ombudsman and advocacy demonstration projects.
A prior section 421 of Pub. L. 8973 was classified to section 3035 of this title, prior to the general amendment of this subchapter by Pub. L. 106501.
Another prior section 421 of Pub. L. 8973 was classified to section 3035b of this title, prior to the general amendment of this subchapter by Pub. L. 97115.
@@ -0,0 +1,143 @@
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# 42 U.S.C. § 3032k - Community innovations for aging in place
## Text
(a) Definitions In this section:
(1) Eligible entity The term “eligible entity”—
(A) means a nonprofit health or social service organization, a community-based nonprofit organization, an area agency on aging or other local government agency, a tribal organization, or another entity that—
(i) the Assistant Secretary determines to be appropriate to carry out a project under this part; and
(ii) demonstrates a record of, and experience in, providing or administering group and individual health and social services for older individuals; and
(B) does not include an entity providing housing under the congregate housing services program carried out under section 8011 of this title or the multifamily service coordinator program carried out under section 1701q(g) of title 12.
(2) Naturally Occurring Retirement Community The term “Naturally Occurring Retirement Community” means a community with a concentrated population of older individuals, which may include a residential building, a housing complex, an area (including a rural area) of single family residences, or a neighborhood composed of age-integrated housing—
(A) where—
(i) 40 percent of the heads of households are older individuals; or
(ii) a critical mass of older individuals exists, based on local factors that, taken in total, allow an organization to achieve efficiencies in the provision of health and social services to older individuals living in the community; and
(B) that is not an institutional care or assisted living setting.
(b) Grants (1) In general The Assistant Secretary shall make grants, on a competitive basis, to eligible entities to develop and carry out model aging in place projects. The projects shall promote aging in place for older individuals (including such individuals who reside in Naturally Occurring Retirement Communities), in order to sustain the independence of older individuals. A recipient of a grant under this subsection shall identify innovative strategies for providing, and linking older individuals to programs and services that provide, comprehensive and coordinated health and social services to sustain the quality of life of older individuals and support aging in place.
(2) Grant periods The Assistant Secretary shall make the grants for periods of 3 years.
(c) Applications (1) In general To be eligible to receive a grant under subsection (b) for a project, 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) Contents The application shall include—
(A) a detailed description of the entitys experience in providing services to older individuals in age-integrated settings;
(B) a definition of the contiguous service area and a description of the project area in which the older individuals reside or carry out activities to sustain their well-being;
(C) the results of a needs assessment that identifies—
(i) existing (as of the date of the assessment) community-based health and social services available to individuals residing in the project area;
(ii) the strengths and gaps of such existing services in the project area;
(iii) the needs of older individuals who reside in the project area; and
(iv) services not being delivered that would promote aging in place and contribute to the well-being of older individuals residing in the project area;
(D) a plan for the development and implementation of an innovative model for service coordination and delivery within the project area;
(E) a description of how the plan described in subparagraph (D) will enhance existing services described in subparagraph (C)(i) and support the goal of this section to promote aging in place;
(F) a description of proposed actions by the entity to prevent the duplication of services funded under a provision of this chapter, other than this section, and a description of how the entity will cooperate, and coordinate planning and services (including any formal agreements), with agencies and organizations that provide publicly supported services for older individuals in the project area, including the State agency and area agencies on aging with planning and service areas in the project area;
(G) an assurance that the entity will seek to establish cooperative relationships with interested local entities, including private agencies and businesses that provide health and social services, housing entities, community development organizations, philanthropic organizations, foundations, and other non-Federal entities;
(H) a description of the entitys protocol for referral of residents who may require long-term care services, including coordination with local agencies, including area agencies on aging and Aging and Disability Resource Centers that serve as single points of entry to public services;
(I) a description of how the entity will offer opportunities for older individuals to be involved in the governance, oversight, and operation of the project;
(J) an assurance that the entity will submit to the Assistant Secretary such evaluations and reports as the Assistant Secretary may require; and
(K) a plan for long-term sustainability of the project.
(d) Use of funds (1) In general An eligible entity that receives a grant under subsection (b) shall use the funds made available through the grant to—
(A) ensure access by older individuals in the project area to community-based health and social services consisting of—
(i) case management, case assistance, and social work services;
(ii) health care management and health care assistance, including disease prevention and health promotion services;
(iii) education, socialization, and recreational activities; and
(iv) volunteer opportunities for project participants;
(B) conduct outreach to older individuals within the project area; and
(C) develop and implement innovative, comprehensive, and cost-effective approaches for the delivery and coordination of community-based health and social services, including those identified in subparagraph (A)(iv), which may include mental health services, for eligible older individuals.
(2) Coordination An eligible entity receiving a grant under subsection (b) for a project shall coordinate activities with organizations providing services funded under subchapter III to support such services for or facilitate the delivery of such services to eligible older individuals served by the project.
(3) Preference In carrying out an aging in place project, an eligible entity shall, to the extent practicable, serve a community of low-income individuals and operate or locate the project and services in or in close proximity to a location where a large concentration of older individuals has aged in place and resided, such as a Naturally Occurring Retirement Community.
(4) Supplement not supplant Funds made available to an eligible entity under subsection (b) shall be used to supplement, not supplant, any Federal, State, or other funds otherwise available to the entity to provide health and social services to eligible older individuals.
(e) Competitive grants for technical assistance (1) Grants The Assistant Secretary shall (or shall make a grant, on a competitive basis, to an eligible nonprofit organization, to enable the organization to)—
(A) provide technical assistance to recipients of grants under subsection (b); and
(B) carry out other duties, as determined by the Assistant Secretary.
(2) Eligible organization To be eligible to receive a grant under this subsection, an organization shall be a nonprofit organization (including a partnership of nonprofit organizations), that—
(A) has experience and expertise in providing technical assistance to a range of entities serving older individuals and experience evaluating and reporting on programs; and
(B) has demonstrated knowledge of and expertise in community-based health and social services.
(3) Application To be eligible to receive a grant under this subsection, an organization (including a partnership of nonprofit organizations) 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 an assurance that the organization will submit to the Assistant Secretary such evaluations and reports as the Assistant Secretary may require.
(f) Report The Assistant Secretary shall annually prepare and submit a report to Congress that shall include—
(1) the findings resulting from the evaluations of the model projects conducted under this section;
(2) a description of recommended best practices regarding carrying out health and social service projects for older individuals aging in place; and
(3) recommendations for legislative or administrative action, as the Assistant Secretary determines appropriate.
(Pub. L. 8973, title IV, § 422, as added Pub. L. 109365, title IV, § 409, Oct. 17, 2006, 120 Stat. 2559.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 422 of Pub. L. 8973 was classified to section 3035a of this title prior to the general amendment of this subchapter by Pub. L. 106501. Another prior section 422 of Pub. L. 8973 was classified to section 3035c of this title prior to the general amendment of this subchapter by Pub. L. 97115.
@@ -0,0 +1,49 @@
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# 42 U.S.C. § 3033 - Payment of grants
## Text
(a) Contributions To the extent the Assistant Secretary determines a contribution to be 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) Payments 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 The Assistant Secretary shall make no grant or contract under this subchapter in any State that has established or designated a State agency for purposes of subchapter III 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. 8973, title IV, § 431, as added Pub. L. 106501, title IV, § 401, Nov. 13, 2000, 114 Stat. 2265.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 3033, Pub. L. 8973, title IV, § 403, as added Pub. L. 9329, title IV, § 401, May 3, 1973, 87 Stat. 46; amended Pub. L. 94135, title I, § 109, Nov. 28, 1975, 89 Stat. 717; Pub. L. 95478, 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. 97115. A prior section 431 of Pub. L. 8973 was classified to section 3037 of this title, prior to the general amendment of this subchapter by Pub. L. 106501. Another prior section 431 of Pub. L. 8973 was classified to section 3035g of this title, prior to the general amendment of this subchapter by Pub. L. 97115. Another prior section 431 of Pub. L. 8973 was renumbered section 451, and was classified to section 3037 of this title, prior to the general amendment of this subchapter by Pub. L. 97115.
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# 42 U.S.C. § 3041 to 3041f - Repealed. Pub. L. 95478, title V, § 501(a), Oct. 18, 1978, 92 Stat. 1558
## Notes
Section 3041, Pub. L. 8973, title V, § 501, as added Pub. L. 9329, title V, § 501, May 3, 1973, 87 Stat. 50, related to provisions for grants or contracts. See sections 3028 and 3030d(b)(1) of this title.
A prior section 3041, Pub. L. 8973, title V, § 501, July 14, 1965, 79 Stat. 224; Pub. L. 9169, § 8, Sept. 17, 1969, 83 Stat. 111, which related to training project grants and contracts, training programs, studies, preparation and dissemination of materials, and conferences, was repealed by Pub. L. 9329, title IV, § 401, May 3, 1973, 87 Stat. 45.
Section 3041a, Pub. L. 8973, title V, § 502, as added Pub. L. 9329, title V, § 501, May 3, 1973, 87 Stat. 50, related to requirements for approval of applications, preferred areas, and agency cooperation.
Section 3041b, Pub. L. 8973, title V § 503, as added Pub. L. 9329, title V, § 501, May 3, 1973, 87 Stat. 51, provided for payments, reservation from appropriations amount of grant or contract, amendments, advances, reimbursement, and installments.
Section 3041c, Pub. L. 8973, title V, § 504, as added Pub. L. 9329, title V, § 501, May 3, 1973, 87 Stat. 51, provided for recapture of payments. See section 3030b of this title.
Section 3041d, Pub. L. 8973, title V, § 505, as added Pub. L. 9329, title V, § 501, May 3, 1973, 87 Stat. 51; amended Pub. L. 94135, title I, § 112(e), Nov. 28, 1975, 89 Stat. 720, provided for authorization of appropriations. See section 3023 of this title.
Section 3041e, Pub. L. 8973, title V, § 506, as added Pub. L. 9329, title V, § 501, May 3, 1973, 87 Stat. 51, related to mortgage insurance for Multipurpose Senior Centers.
Section 3041f, Pub. L. 8973, title V, § 507, as added Pub. L. 9329, title V, § 501, May 3, 1973, 87 Stat. 54; amended Pub. L. 94135, title I, § 114(g), Nov. 28, 1975, 89 Stat. 725, related to annual interest grants.
Statutory Notes and Related Subsidiaries
Effective Date of RepealPub. L. 95478, title V, § 501(a), Oct. 18, 1978, 92 Stat. 1558, provided that the repeal by that section is effective at the close of Sept. 30, 1978.
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# 42 U.S.C. § 3042 - Repealed. Pub. L. 95478, title V, § 501(a), Oct. 18, 1978, 92 Stat. 1558
## Notes
Section, Pub. L. 8973, title V, § 511, as added Pub. L. 9329, title V, § 501, May 3, 1973, 87 Stat. 54, related to personnel staffing grant program. See section 3030d(b)(2) of this title.
A prior section 3042, Pub. L. 8973, title V, § 502, July 14, 1965, 79 Stat. 225, related to payments of training project 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. 9329, title IV, § 401, May 3, 1973, 87 Stat. 45.
A prior section 3043, Pub. L. 8973, title V, § 503, as added Pub. L. 9042, § 6, July 1, 1967, 81 Stat. 108, related to study of need for trained personnel; and consultations with other government and private agencies and organizations, prior to repeal by Pub. L. 9329, title IV, § 401, May 3, 1973, 87 Stat. 45.
Statutory Notes and Related Subsidiaries
Effective Date of RepealPub. L. 95478, title V, § 501(a), Oct. 18, 1978, 92 Stat. 1558, provided that the repeal by that section is effective at the close of Sept. 30, 1978.
@@ -0,0 +1,43 @@
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# 42 U.S.C. § 3044 to 3044e - Repealed. Pub. L. 93113, title VI, § 604(a), Oct. 1, 1973, 87 Stat. 417
## Notes
Section 3044, Pub. L. 8973, title VI, § 601, as added Pub. L. 9169, § 9, Sept. 17, 1969, 83 Stat. 111; amended Pub. L. 9329, title VI, § 601, May 3, 1973, 87 Stat. 55, related to grants and contracts for volunteer service projects, providing in: subsec. (a) for approval of programs and rules and regulations; subsec. (b) for method of payment; subsec. (c) for conditions upon award of grant or contract, and subsec. (d) for exclusion as income of compensation to individual volunteers.
Section 3044a, Pub. L. 8973, title VI, § 603, as added Pub. L. 9169, § 9, Sept. 17, 1969, 83 Stat. 112; amended Pub. L. 9329, title VI, § 602, May 3, 1973, 87 Stat. 55, related to authorization of appropriations.
Section 3044b, Pub. L. 8973, title VI, § 611, as added Pub. L. 9169, § 9, Sept. 17, 1969, 83 Stat. 112; amended Pub. L. 92424, § 29(a), Sept. 19, 1972, 86 Stat. 705; Pub. L. 9329, title VI, § 603(b), May 3, 1973, 87 Stat. 55, related to grants and contracts for Foster Grandparent projects and for services as senior health aides and senior companions, amount of award, method of payment, and exclusion as income of compensation to individual volunteers.
Section 3044c, Pub. L. 8973, title VI, § 612, as added Pub. L. 9169, § 9, Sept. 17, 1969, 83 Stat. 113, related to conditions upon award of grantor contract and defined “community action agency”.
Section 3044d, Pub. L. 8973, title VI, § 613, as added Pub. L. 9169, § 9, Sept. 17, 1969, 83 Stat. 113; amended Pub. L. 9329, title VI, § 603(c), May 3, 1973, 87 Stat. 55, related to interagency cooperation.
Section 3044e, Pub. L. 8973, title VI, § 614, as added Pub. L. 9169, § 9, Sept. 17, 1969, 83 Stat. 114; amended Pub. L. 9329, title VI, § 604, May 3, 1973, 87 Stat. 55, related to authorization of appropriations.
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# 42 U.S.C. § 3045 to 3045i - Repealed. Pub. L. 95478, title V, § 501(a), Oct. 18, 1978, 92 Stat. 1558
## Notes
Section 3045, Pub. L. 8973, title VII, § 701, as added Pub. L. 92258, § 2, Mar. 22, 1972, 86 Stat. 88, stated Congressional findings and declaration of policy.
Section 3045a, Pub. L. 8973, title VII, § 702, as added Pub. L. 92258, § 2, Mar. 22, 1972, 86 Stat. 89; amended Pub. L. 9329, title VII, § 704(c), May 3, 1973, 87 Stat. 57; Pub. L. 93644, § 9(a), Jan. 4, 1975, 88 Stat. 2310, related to administration of program. See section 3021(b) of this title.
Section 3045b, Pub. L. 8973, title VII, § 703, as added Pub. L. 92258, § 2, Mar. 22, 1972, 86 Stat. 90; amended Pub. L. 9329, title VII, § 704(c), May 3, 1973, 87 Stat. 57; Pub. L. 94135, title I, § 114(i), (j), Nov. 28, 1975, 89 Stat. 726, related to allotment of funds. See section 3024 of this title.
Section 3045c, Pub. L. 8973, title VII, § 704, as added Pub. L. 92258, § 2, Mar. 22, 1972, 86 Stat. 91; amended Pub. L. 9329, title VII, § 704(c), May 3, 1973, 87 Stat. 57, related to payment of grants. See section 3029(a) of this title.
Section 3045d, Pub. L. 8973, title VII, § 705, as added Pub. L. 92258, § 2, Mar. 22, 1972, 86 Stat. 91; amended Pub. L. 9329, title VII, §§ 702704, May 3, 1973, 87 Stat. 56, 57; Pub. L. 94135, title I, § 114(k)(n), Nov. 28, 1975, 89 Stat. 726, related to provisions for State plans. See section 3027 of this title.
Section 3045e, Pub. L. 8973, title VII, § 706, as added Pub. L. 92258, § 2, Mar. 22, 1972, 86 Stat. 93; amended Pub. L. 9329, title VII, § 704(c), May 3, 1973, 87 Stat. 57; Pub. L. 94135, title I, § 114(o), (p), Nov. 28, 1975, 89 Stat. 726, related to nutrition and other program requirements.
Section 3045f, Pub. L. 8973, title VII, § 707, as added Pub. L. 92258, § 2, Mar. 22, 1972, 86 Stat. 94; amended Pub. L. 9329, title VII, § 701, May 3, 1973, 87 Stat. 56; Pub. L. 93351, § 5, July 12, 1974, 88 Stat. 358; Pub. L. 94135, title I, § 111(a)(d), (f), Nov. 28, 1975, 89 Stat. 718, 719; Pub. L. 9565, § 2, July 11, 1977, 91 Stat. 269, related to surplus commodities. See section 3030a of this title.
Section 3045g, Pub. L. 8973, title VII, § 708, as added Pub. L. 92258, § 2, Mar. 22, 1972, 86 Stat. 94; amended Pub. L. 93351, § 1, July 12, 1974, 88 Stat. 357; Pub. L. 94135, title I, §§ 111(e), 112(f), Nov. 28, 1975, 89 Stat. 719, 720, provided for authorization of appropriations. See section 3023 of this title.
Section 3045h, Pub. L. 8973, title VII, § 709, as added Pub. L. 92258, § 2, Mar. 22, 1972, 86 Stat. 95, concerned with relationship to other laws. See section 3020a(b) of this title.
Section 3045i, Pub. L. 8973, title VII, § 710, as added Pub. L. 92258, § 2, Mar. 22, 1972, 86 Stat. 95, related to agreements with profitmaking organizations. See section 3020c of this title.
Statutory Notes and Related Subsidiaries
Effective Date of RepealPub. L. 95478, title V, § 501(a), Oct. 18, 1978, 92 Stat. 1558, provided that the repeal by that section is effective at the close of Sept. 30, 1978.
Nutrition Projects for Elderly Under Prior Provisions, Qualified Under Successor Provisions, Eligible for Funds Under Such Provisions; Competitive Bidding; Discontinuance of Payments for Ineffective ActivitiesPub. L. 95478, title V, § 501(b), Oct. 18, 1978, 92 Stat. 1558, as amended by Pub. L. 97115, § 14(a), Dec. 29, 1981, 95 Stat. 1608; Pub. L. 98459, title VIII, § 801(b), Oct. 9, 1984, 98 Stat. 1792, provided that: “No contract awarded after September 30, 1982, shall be entered into for the provision of nutrition services unless such contract has been awarded through a competitive process. Such process shall include evaluation of each bidders experience in providing services to older individuals. Whenever there is no evidence of improved quality of service and cost effectiveness on the part of another bidder, a provider of services who received funds under title VII of the Older Americans Act of 1965 [former sections 3045 to 3045i of this title] as in effect on September 29, 1978, shall be given preference.”
@@ -0,0 +1,41 @@
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# 42 U.S.C. § 3051 to 3055 - Repealed. Pub. L. 9329, title II, § 202, May 3, 1973, 87 Stat. 36
## Notes
Section 3051, Pub. L. 8973, title VIII, § 801, formerly title VI, § 601, July 14, 1965, 79 Stat. 225; Pub. L. 9042, § 5(c), (d), July 1, 1967, 81 Stat. 107; renumbered title VII, § 701, Pub. L. 9169, § 9, Sept. 17, 1969, 83 Stat. 111; renumbered title VIII, § 801, Pub. L. 92258, § 1, Mar. 22, 1972, 86 Stat. 88, related to advisory committees in general, providing in: subsec. (a) for establishment of Advisory Committee on Older Americans, its membership, and term of office; subsec. (b) for appointment of technical advisory committees; subsec. (c) for compensation and travel expenses; and subsec. (d) for technical and clerical assistance for Advisory Committee. See section 3015 of this title.
Section 3052, Pub. L. 8973, title VIII, § 802, formerly title VI, § 602, July 14, 1965, 79 Stat. 226; Pub. L. 9042, § 5(e), (f), July 1, 1967, 81 Stat. 107, 108; renumbered title VII, § 702, Pub. L. 9169, § 9, Sept. 17, 1969, 83 Stat. 111; renumbered title VIII, § 802, Pub. L. 92258, § 1, Mar. 22, 1972, 86 Stat. 88, related to administration. See section 3016(a), (b) of this title.
Section 3053, Pub. L. 8973, title VIII, § 803, formerly title VI, § 603, July 14, 1965, 79 Stat. 226; Pub. L. 9042, § 4, July 1, 1967, 81 Stat. 107; renumbered title VII, § 703 and amended Pub. L. 9169, §§ 2(b), 9, Sept. 17, 1969, 83 Stat. 108, 111; renumbered title VIII, § 803, Pub. L. 92258, § 1, Mar. 22, 1972, 86 Stat. 88, related to authorization of appropriations.
Section 3054, Pub. L. 8973, title VIII, § 804, formerly title VII, § 704, as added Pub. L. 9169, § 12, Sept. 17, 1969, 83 Stat. 114; renumbered title VIII, § 804, Pub. L. 92258, § 1, Mar. 22, 1972, 86 Stat. 88, related to evaluation of programs. See section 3017 of this title.
Section 3055, Pub. L. 8973, title VIII, § 805, formerly title VII, § 705, as added Pub. L. 9169, § 13, Sept. 17, 1969, 83 Stat. 114; renumbered title VIII, § 805, Pub. L. 92258, § 1, Mar. 22, 1972, 86 Stat. 88, related to joint funding of projects. See section 3019 of this title.
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# 42 U.S.C. § 3056a - Administration
## Text
(a) State plan (1) Governor For a State to be eligible to receive an allotment under section 3056d of this title, the Governor of the State shall submit to the Secretary for consideration and approval, a single State plan (referred to in this subchapter as the “State plan”) that outlines a 4-year strategy for the statewide provision of community service employment and other authorized activities for eligible individuals under this subchapter. The plan shall contain such provisions as the Secretary may require, consistent with this subchapter, including a description of the process used to ensure the participation of individuals described in paragraph (2). Not less often than every 2 years, the Governor shall review the State plan and submit an update to the State plan to the Secretary for consideration and approval.
(2) Recommendations In developing the State plan prior to its submission to the Secretary, the Governor shall seek the advice and recommendations of—
(A) individuals representing the State agency and the area agencies on aging in the State, and the State and local workforce development boards established under title I of the Workforce Innovation and Opportunity Act [29 U.S.C. 3111 et seq.];
(B) individuals representing public and nonprofit private agencies and organizations providing employment services, including each grantee operating a project under this subchapter in the State; and
(C) individuals representing social service organizations providing services to older individuals, grantees under subchapter III of this chapter, affected communities, unemployed older individuals, community-based organizations serving the needs of older individuals, business organizations, and labor organizations.
(3) Comments Any State plan submitted by the Governor in accordance with paragraph (1) shall be accompanied by copies of public comments relating to the plan received pursuant to paragraph (8), and a summary of the comments.
(4) Plan provisions The State plan shall identify and address—
(A) the relationship that the number of eligible individuals in each area bears to the total number of eligible individuals, respectively, in the State;
(B) the relative distribution of eligible individuals residing in rural and urban areas in the State; and
(C) the relative distribution of—
(i) eligible individuals who are individuals with greatest economic need;
(ii) eligible individuals who are minority individuals;
(iii) eligible individuals who are limited English proficient;
(iv) eligible individuals who are individuals with greatest social need; and
(v) eligible individuals who have been incarcerated within the last 5 years or are under supervision following release from prison or jail within the last 5 years;
(D) the current and projected employment opportunities in the State (such as by providing information available under section 49l2 of title 29 by occupation), and the type of skills possessed by local eligible individuals;
(E) the localities and populations for which projects of the type authorized by this subchapter are most needed; and
(F) how the activities of grantees in the State under this subchapter will be coordinated with activities carried out in the State under title I of the Workforce Innovation and Opportunity Act (29 U.S.C. 3111 et seq.) and other related programs (referred to in this subparagraph as “WIOA and related activities”), and how the State will reduce unnecessary duplication between the activities carried out under this subchapter and the WIOA and related activities.
(5) Governors recommendations Before a proposal for a grant under this subchapter for any fiscal year is submitted to the Secretary, the Governor of the State in which projects are proposed to be conducted under such grant shall be afforded a reasonable opportunity to submit to the Secretary—
(A) recommendations regarding the anticipated effect of each such proposal upon the overall distribution of enrollment positions under this subchapter in the State (including such distribution among urban and rural areas), taking into account the total number of positions to be provided by all grantees in the State;
(B) any recommendations for redistribution of positions to underserved areas as vacancies occur in previously encumbered positions in other areas; and
(C) in the case of any increase in funding that may be available for use in the State under this subchapter for the fiscal year, any recommendations for distribution of newly available positions in excess of those available during the preceding year to underserved areas.
(6) Combined State plan In lieu of the plan described in paragraph (1), a State may develop and submit a combined State plan in accordance with section 103 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3113). For a State that obtains approval of such a combined State plan, that section 103 shall apply in lieu of this subsection and a reference in any other provision of this subchapter (other than this subsection) to a State plan shall be considered to be a reference to that combined State plan.
(7) Disruptions In developing a plan or considering a recommendation under this subsection, the Governor shall avoid disruptions in the provision of services for participants to the greatest possible extent.
(8) Determination; review (A) Determination In order to effectively carry out this subchapter, each State shall make the State plan available for public comment. The Secretary, in consultation with the Assistant Secretary, shall review the plan and make a written determination with findings and a decision regarding the plan.
(B) Review The Secretary may review, on the Secretarys own initiative or at the request of any public or private agency or organization or of any agency of the State, the distribution of projects and services under this subchapter in the State, including the distribution between urban and rural areas in the State. For each proposed reallocation of projects or services in a State, the Secretary shall give notice and opportunity for public comment.
(9) Exemption The grantees that serve eligible individuals who are older Indians or Pacific Island and Asian Americans with funds reserved under section 3056d(a)(3) of this title may not be required to participate in the State planning processes described in this section but shall collaborate with the Secretary to develop a plan for projects and services to eligible individuals who are Indians or Pacific Island and Asian Americans, respectively.
(b) Coordination with other Federal programs (1) In general The Secretary and the Assistant Secretary shall coordinate the program carried out under this subchapter with programs carried out under other subchapters of this chapter, to increase employment opportunities available to older individuals.
(2) Programs (A) In general The Secretary shall coordinate programs carried out under this subchapter with the program carried out under the Workforce Innovation and Opportunity Act, the Community Services Block Grant Act (42 U.S.C. 9901 et seq.), the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.), the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.), the National and Community Service Act of 1990 (42 U.S.C. 12501 et seq.), and the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4950 et seq.). The Secretary shall coordinate the administration of this subchapter with the administration of other subchapters of this chapter by the Assistant Secretary to increase the likelihood that eligible individuals for whom employment opportunities under this subchapter are available and who need services under such subchapters receive such services.
(B) Use of funds (i) Prohibition Funds appropriated to carry out this subchapter may not be used to carry out any program under the Workforce Innovation and Opportunity Act, the Community Services Block Grant Act, the Rehabilitation Act of 1973, the Carl D. Perkins Career and Technical Education Act of 2006, the National and Community Service Act of 1990, or the Domestic Volunteer Service Act of 1973.
(ii) Joint activities Clause (i) shall not be construed to prohibit carrying out projects under this subchapter jointly with programs, projects, or activities under any Act specified in clause (i), or from carrying out section 3056i of this title.
(3) Informational materials on age discrimination The Secretary shall distribute to grantees under this subchapter, for distribution to program participants, and at no cost to grantees or participants, informational materials developed and supplied by the Equal Employment Opportunity Commission and other appropriate Federal agencies that the Secretary determines are designed to help participants identify age discrimination and to understand their rights under the Age Discrimination in Employment Act of 1967 (29 U.S.C. 621 et seq.).
(c) Use of services, equipment, personnel, and facilities In carrying out this subchapter, the Secretary may use the services, equipment, personnel, and facilities of Federal and other agencies, with their consent, with or without reimbursement, and on a similar basis cooperate with other public and nonprofit private agencies and organizations in the use of services, equipment, and facilities.
(d) Payments Payments under this subchapter may be made in advance or by way of reimbursement and in such installments as the Secretary may determine.
(e) No delegation of functions The Secretary shall not delegate any function of the Secretary under this subchapter to any other Federal officer or entity.
(f) Compliance (1) Monitoring The Secretary shall monitor projects for which grants are made under this subchapter to determine whether the grantees are complying with rules and regulations issued to carry out this subchapter (including the statewide planning, consultation, and coordination requirements of this subchapter).
(2) Compliance with uniform cost principles and administrative requirements Each grantee that receives funds under this subchapter shall comply with the applicable uniform cost principles and appropriate administrative requirements for grants and contracts that are applicable to the type of entity that receives funds, as issued as circulars or rules of the Office of Management and Budget.
(3) Reports Each grantee described in paragraph (2) shall prepare and submit a report in such manner and containing such information as the Secretary may require regarding activities carried out under this subchapter.
(4) Records Each grantee described in paragraph (2) shall keep records that—
(A) are sufficient to permit the preparation of reports required by this subchapter;
(B) are sufficient to permit the tracing of funds to a level of expenditure adequate to ensure that the funds have not been spent unlawfully; and
(C) contain any other information that the Secretary determines to be appropriate.
(g) Evaluations The Secretary shall establish by rule and implement a process to evaluate, in accordance with section 3056k of this title, the performance of projects carried out and services provided under this subchapter. The Secretary shall report to Congress, and make available to the public, the results of each such evaluation and shall use such evaluation to improve services delivered by, or the operation of, projects carried out under this subchapter.
(Pub. L. 8973, title V, § 503, as added Pub. L. 109365, title V, § 501, Oct. 17, 2006, 120 Stat. 2571; amended Pub. L. 113128, title V, § 512(w)(4), July 22, 2014, 128 Stat. 1715; Pub. L. 114144, § 6(b), Apr. 19, 2016, 130 Stat. 342; Pub. L. 116131, title IV, § 401(a)(1), Mar. 25, 2020, 134 Stat. 266.)
## Notes
Editorial Notes
References in TextThe Workforce Innovation and Opportunity Act, referred to in subsecs. (a)(2)(A), (4)(F) and (b)(2)(A), (B)(i), is Pub. L. 113128, July 22, 2014, 128 Stat. 1425, which enacted chapter 32 (§ 3101 et seq.) of Title 29, Labor, repealed chapter 30 (§ 2801 et seq.) of Title 29 and chapter 73 (§ 9201 et seq.) of Title 20, Education, and made amendments to numerous other sections and notes in the Code. Title I of the Act is classified generally to subchapter I (§ 3111 et seq.) of chapter 32 of Title 29. For complete classification of this Act to the Code, see Short Title note set out under section 3101 of Title 29 and Tables. The Community Services Block Grant Act, referred to in subsec. (b)(2)(A), (B)(i), is subtitle B (§ 671 et seq.) of title VI of Pub. L. 9735, Aug. 13, 1981, 95 Stat. 511, which is classified generally to chapter 106 (§ 9901 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 9901 of this title and Tables. The Rehabilitation Act of 1973, referred to in subsec. (b)(2)(A), (B)(i), is Pub. L. 93112, Sept. 26, 1973, 87 Stat. 355, which is classified generally to chapter 16 (§ 701 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 701 of Title 29 and Tables. The Carl D. Perkins Career and Technical Education Act of 2006, referred to in subsec. (b)(2)(A), (B)(i), is Pub. L. 88210, Dec. 18, 1963, 77 Stat. 403, as amended generally by Pub. L. 109270, § 1(b), Aug. 12, 2006, 120 Stat. 683, which is classified generally to chapter 44 (§ 2301 et seq.) of Title 20, Education. For complete classification of this Act to the Code, see Short Title note set out under section 2301 of Title 20 and Tables. The National and Community Service Act of 1990, referred to in subsec. (b)(2)(A), (B)(i), is Pub. L. 101610, Nov. 16, 1990, 104 Stat. 3127, which is classified principally to chapter 129 (§ 12501 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 12501 of this title and Tables. The Domestic Volunteer Service Act of 1973, referred to in subsec. (b)(2)(A), (B)(i), is Pub. L. 93113, Oct. 1, 1973, 87 Stat. 394, which is classified principally to chapter 66 (§ 4950 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 4950 of this title and Tables. The Age Discrimination in Employment Act of 1967, referred to in subsec. (b)(3), is Pub. L. 90202, Dec. 15, 1967, 81 Stat. 602, which is classified generally to chapter 14 (§ 621 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 621 of Title 29 and Tables.
Prior ProvisionsA prior section 3056a, Pub. L. 8973, title V, § 503, as added Pub. L. 106501, title V, § 501, Nov. 13, 2000, 114 Stat. 2272; amended Pub. L. 109270, § 2(k)(2), Aug. 12, 2006, 120 Stat. 748, related to administration of community service projects, prior to the general amendment of this subchapter by Pub. L. 109365. Another prior section 3056a, Pub. L. 8973, title V, § 503, formerly title IX, § 903, as added Pub. L. 94135, title I, § 113(a), Nov. 28, 1975, 89 Stat. 722; renumbered title V, § 503, and amended Pub. L. 95478, title I, § 105(a), (c)(1), (3), Oct. 18, 1978, 92 Stat. 1547, 1548; Pub. L. 97115, § 12(d), Dec. 29, 1981, 95 Stat. 1607; Pub. L. 98459, title V, § 502, Oct. 9, 1984, 98 Stat. 1786; Pub. L. 100175, title I, § 163, Nov. 29, 1987, 101 Stat. 958; Pub. L. 102375, title I, § 102(b)(1)(B), (9)(E), title V, § 502, Sept. 30, 1992, 106 Stat. 1201, 1202, 1266; Pub. L. 103171, §§ 3(a)(8), 4(a)(3), Dec. 2, 1993, 107 Stat. 1990, 1991; Pub. L. 105277, div. A, § 101(f) [title VIII, § 405(d)(33)(C), (f)(25)(C)], Oct. 21, 1998, 112 Stat. 2681337, 2681426, 2681433, related to administration of community service projects, prior to the general amendment of this subchapter by Pub. L. 106501. Another prior section 503 of Pub. L. 8973 was classified to section 3041b of this title, prior to repeal by Pub. L. 95478.
Amendments2020—Subsec. (a)(4)(C)(v). Pub. L. 116131 added cl. (v). 2016—Subsec. (a)(3). Pub. L. 114144, § 6(b)(1)(B), substituted “paragraph (8)” for “paragraph (7)”. Subsec. (a)(4)(F). Pub. L. 114144, § 6(b)(1)(C), added subpar. (F) and struck out former subpar. (F) which read as follows: “plans for facilitating the coordination of activities of grantees in the State under this subchapter with activities carried out in the State under title I of the Workforce Innovation and Opportunity Act.” Subsec. (a)(6). Pub. L. 114144, § 6(b)(1)(D), added par. (6). Former par. (6) redesignated (7). Subsec. (a)(7) to (9). Pub. L. 114144, § 6(b)(1)(A), redesignated pars. (6) to (8) as (7) to (9), respectively. Subsec. (b)(2)(B)(i). Pub. L. 114144, § 6(b)(2), substituted “Workforce Innovation and Opportunity Act” for “Workforce Investment Act of 1998”. 2014—Subsec. (a)(2)(A). Pub. L. 113128, § 512(w)(4)(A)(i), substituted “the State and local workforce development boards established under title I of the Workforce Innovation and Opportunity Act” for “the State and local workforce investment boards established under title I of the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.)”. Subsec. (a)(4)(F). Pub. L. 113128, § 512(w)(4)(A)(ii), substituted “plans for facilitating the coordination of activities of grantees in the State under this subchapter with activities carried out in the State under title I of the Workforce Innovation and Opportunity Act” for “plans for facilitating the coordination of activities of grantees in the State under this subchapter with activities carried out in the State under title I of the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.)”. Subsec. (b)(2)(A). Pub. L. 113128, § 512(w)(4)(B), substituted “with the program carried out under the Workforce Innovation and Opportunity Act” for “with the program carried out under the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.)”.
Statutory Notes and Related Subsidiaries
Effective Date of 2020 AmendmentPub. L. 116131, title IV, § 401(b), Mar. 25, 2020, 134 Stat. 267, provided that: “This section [amending this section and sections 3056l and 3056p of this title] shall take effect 1 year after the date of enactment of this Act [Mar. 25, 2020].”
Effective Date of 2014 AmendmentAmendment by Pub. L. 113128 effective on the first day of the first full program year after July 22, 2014 (July 1, 2015), see section 506 of Pub. L. 113128, set out as an Effective Date note under section 3101 of Title 29, Labor.
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# 42 U.S.C. § 3056b - Participants not Federal employees
## Text
(a) Inapplicability of certain provisions covering Federal employees Eligible individuals who are participants in any project funded under this subchapter shall not be considered to be Federal employees as a result of such participation and shall not be subject to part III of title 5.
(b) Workers compensation No grant or subgrant shall be made and no contract or subcontract shall be entered into under this subchapter with an entity who is, or whose employees are, under State law, exempted from operation of the State workers compensation law, generally applicable to employees, unless the entity shall undertake to provide either through insurance by a recognized carrier or by self-insurance, as authorized by State law, that the persons employed under the grant, subgrant, contract, or subcontract shall enjoy workers compensation coverage equal to that provided by law for covered employment.
(Pub. L. 8973, title V, § 504, as added Pub. L. 109365, title V, § 501, Oct. 17, 2006, 120 Stat. 2575.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 3056b, Pub. L. 8973, title V, § 504, as added Pub. L. 106501, title V, § 501, Nov. 13, 2000, 114 Stat. 2276, related to participants not having status as Federal employees and contractual requirement of workmens compensation, prior to the general amendment of this subchapter by Pub. L. 109365. Another prior section 3056b, Pub. L. 8973, title V, § 504, formerly title IX, § 904, as added Pub. L. 94135, title I, § 113(a), Nov. 28, 1975, 89 Stat. 723; renumbered title V, § 504, and amended Pub. L. 95478, title I, § 105(a), title V, § 503(d), Oct. 18, 1978, 92 Stat. 1547, 1559, related to participants not having status as Federal employees and contractual requirement of workmens compensation, prior to the general amendment of this subchapter by Pub. L. 106501. Another prior section 504 of Pub. L. 8973 was classified to section 3041c of this title, prior to repeal by Pub. L. 95478.
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# 42 U.S.C. § 3056c - Interagency cooperation
## Text
(a) Consultation with the Assistant Secretary The Secretary shall consult with and obtain the written views of the Assistant Secretary before issuing rules and before establishing general policy in the administration of this subchapter.
(b) Consultation with heads of other agencies The Secretary shall consult and cooperate with the Secretary of Health and Human Services (acting through officers including the Director of the Office of Community Services), and the heads of other Federal agencies that carry out programs related to the program carried out under this subchapter, in order to achieve optimal coordination of the program carried out under this subchapter with such related programs. Each head of a Federal agency shall cooperate with the Secretary in disseminating information relating to the availability of assistance under this subchapter and in promoting the identification and interests of individuals eligible for employment in projects assisted under this subchapter.
(c) Coordination (1) In general The Secretary shall promote and coordinate efforts to carry out projects under this subchapter jointly with programs, projects, or activities carried out under other Acts, especially activities provided under the Workforce Innovation and Opportunity Act, including activities provided through one-stop delivery systems established under section 121(e) of such Act [29 U.S.C. 3151(e)], that provide training and employment opportunities to eligible individuals.
(2) Coordination with certain activities The Secretary shall consult with the Secretary of Education to promote and coordinate efforts to carry out projects under this subchapter jointly with activities in which eligible individuals may participate that are carried out under the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.).
(Pub. L. 8973, title V, § 505, as added Pub. L. 109365, title V, § 501, Oct. 17, 2006, 120 Stat. 2575; amended Pub. L. 113128, title V, § 512(w)(5), July 22, 2014, 128 Stat. 1715.)
## Notes
Editorial Notes
References in TextThe Workforce Innovation and Opportunity Act, referred to in subsec. (c)(1), is Pub. L. 113128, July 22, 2014, 128 Stat. 1425, which enacted chapter 32 (§ 3101 et seq.) of Title 29, Labor, repealed chapter 30 (§ 2801 et seq.) of Title 29 and chapter 73 (§ 9201 et seq.) of Title 20, Education, and made amendments to numerous other sections and notes in the Code. For complete classification of this Act to the Code, see Short Title note set out under section 3101 of Title 29 and Tables. The Carl D. Perkins Career and Technical Education Act of 2006, referred to in subsec. (c)(2), is Pub. L. 88210, Dec. 18, 1963, 77 Stat. 403, as amended generally by Pub. L. 109270, § 1(b), Aug. 12, 2006, 120 Stat. 683, which is classified generally to chapter 44 (§ 2301 et seq.) of Title 20, Education. For complete classification of this Act to the Code, see Short Title note set out under section 2301 of Title 20 and Tables.
Prior ProvisionsA prior section 3056c, Pub. L. 8973, title V, § 505, as added Pub. L. 106501, title V, § 501, Nov. 13, 2000, 114 Stat. 2276; amended Pub. L. 109270, § 2(k)(3), Aug. 12, 2006, 120 Stat. 749, related to interagency cooperation, prior to the general amendment of this subchapter by Pub. L. 109365. Another prior section 3056c, Pub. L. 8973, title V, § 505, formerly title IX, § 905, as added Pub. L. 94135, title I, § 113(a), Nov. 28, 1975, 89 Stat. 723; renumbered title V, § 505, and amended Pub. L. 95478, title I, § 105(a), (d), Oct. 18, 1978, 92 Stat. 1547, 1548; Pub. L. 97115, § 12(b)(2), Dec. 29, 1981, 95 Stat. 1606; Pub. L. 102375, title V, § 503, Sept. 30, 1992, 106 Stat. 1267; Pub. L. 103171, § 3(a)(8), Dec. 2, 1993, 107 Stat. 1990; Pub. L. 105332, § 3(i)(2), Oct. 31, 1998, 112 Stat. 3126, related to interagency cooperation, prior to the general amendment of this subchapter by Pub. L. 106501. Another prior section 505 of Pub. L. 8973 was classified to section 3041d of this title, prior to repeal by Pub. L. 95478.
Amendments2014—Subsec. (c)(1). Pub. L. 113128 substituted “activities carried out under other Acts, especially activities provided under the Workforce Innovation and Opportunity Act, including activities provided through one-stop delivery systems established under section 121(e) of such Act,” for “activities carried out under other Acts, especially activities provided under the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.), including activities provided through one-stop delivery systems established under section 134(c)) of such Act (29 U.S.C. 2864(c)),”.
Statutory Notes and Related Subsidiaries
Effective Date of 2014 AmendmentAmendment by Pub. L. 113128 effective on the first day of the first full program year after July 22, 2014 (July 1, 2015), see section 506 of Pub. L. 113128, set out as an Effective Date note under section 3101 of Title 29, Labor.
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# 42 U.S.C. § 3056d - Distribution of assistance
## Text
(a) Reservations (1) Reservation for pilot demonstration and evaluation projects Of the funds appropriated to carry out this subchapter for each fiscal year, the Secretary may first reserve not more than 1.5 percent to carry out demonstration projects, pilot projects, and evaluation projects under section 3056(e) of this title.
(2) Reservation for territories Of the funds appropriated to carry out this subchapter for each fiscal year, the Secretary shall reserve 0.75 percent, of which—
(A) Guam, American Samoa, and the United States Virgin Islands shall each receive 30 percent of the funds so reserved; and
(B) the Commonwealth of the Northern Mariana Islands shall receive 10 percent of the funds so reserved.
(3) Reservation for organizations Of the funds appropriated to carry out this subchapter for each fiscal year, the Secretary shall reserve such amount as may be necessary to make national grants to public or nonprofit national Indian aging organizations with the ability to provide community service employment and other authorized activities for eligible individuals who are Indians and to national public or nonprofit Pacific Island and Asian American aging organizations with the ability to provide community service employment and other authorized activities for eligible individuals who are Pacific Island and Asian Americans.
(b) State allotments The allotment for each State shall be the sum of the amounts allotted for national grants in such State under subsection (d) and for the grant to such State under subsection (e).
(c) Division between national grants and grants to States The funds appropriated to carry out this subchapter for any fiscal year that remain after amounts are reserved under paragraphs (1), (2), and (3) of subsection (a) shall be divided by the Secretary between national grants and grants to States as follows:
(1) Reservation of funds for fiscal year 2000 level of activities (A) In general The Secretary shall reserve the amount of funds necessary to maintain the fiscal year 2000 level of activities supported by grantees that operate under this subchapter under national grants from the Secretary, and the fiscal year 2000 level of activities supported by State grantees under this subchapter, in proportion to their respective fiscal year 2000 levels of activities.
(B) Insufficient appropriations If in any fiscal year the funds appropriated to carry out this subchapter are insufficient to satisfy the requirement specified in subparagraph (A), then the amount described in subparagraph (A) shall be reduced proportionally.
(2) Funding in excess of fiscal year 2000 level of activities (A) Up to $35,000,000 The amount of funds remaining (if any) after the application of paragraph (1), but not to exceed $35,000,000, shall be divided so that 75 percent shall be provided to State grantees and 25 percent shall be provided to grantees that operate under this subchapter under national grants from the Secretary.
(B) Over $35,000,000 The amount of funds remaining (if any) after the application of subparagraph (A) shall be divided so that 50 percent shall be provided to State grantees and 50 percent shall be provided to grantees that operate under this subchapter under national grants from the Secretary.
(d) Allotments for national grants From funds available under subsection (c) for national grants, the Secretary shall allot for public and nonprofit private agency and organization grantees that operate under this subchapter under national grants from the Secretary in each State, an amount that bears the same ratio to such funds as the product of the number of individuals age 55 or older in the State and the allotment percentage of such State bears to the sum of the corresponding products for all States, except as follows:
(1) Minimum allotment No State shall be provided an amount under this subsection that is less than ½ of 1 percent of the amount provided under subsection (c) for public and nonprofit private agency and organization grantees that operate under this subchapter under national grants from the Secretary in all of the States.
(2) Hold harmless If such amount provided under subsection (c) is—
(A) equal to or less than the amount necessary to maintain the fiscal year 2000 level of activities, allotments for grantees that operate under this subchapter under national grants from the Secretary in each State shall be proportional to the amount necessary to maintain their fiscal year 2000 level of activities; or
(B) greater than the amount necessary to maintain the fiscal year 2000 level of activities, no State shall be provided a percentage increase above the amount necessary to maintain the fiscal year 2000 level of activities for grantees that operate under this subchapter under national grants from the Secretary in the State that is less than 30 percent of the percentage increase above the amount necessary to maintain the fiscal year 2000 level of activities for public and private nonprofit agency and organization grantees that operate under this subchapter under national grants from the Secretary in all of the States.
(3) Reduction Allotments for States not affected by paragraphs (1) and (2)(B) shall be reduced proportionally to satisfy the conditions in such paragraphs.
(e) Allotments for grants to States From the amount provided for grants to States under subsection (c), the Secretary shall allot for the State grantee in each State an amount that bears the same ratio to such amount as the product of the number of individuals age 55 or older in the State and the allotment percentage of such State bears to the sum of the corresponding products for all States, except as follows:
(1) Minimum allotment No State shall be provided an amount under this subsection that is less than ½ of 1 percent of the amount provided under subsection (c) for State grantees in all of the States.
(2) Hold harmless If such amount provided under subsection (c) is—
(A) equal to or less than the amount necessary to maintain the fiscal year 2000 level of activities, allotments for State grantees in each State shall be proportional to the amount necessary to maintain their fiscal year 2000 level of activities; or
(B) greater than the amount necessary to maintain the fiscal year 2000 level of activities, no State shall be provided a percentage increase above the amount necessary to maintain the fiscal year 2000 level of activities for State grantees in the State that is less than 30 percent of the percentage increase above the amount necessary to maintain the fiscal year 2000 level of activities for State grantees in all of the States.
(3) Reduction Allotments for States not affected by paragraphs (1) and (2)(B) shall be reduced proportionally to satisfy the conditions in such paragraphs.
(f) Allotment percentage For purposes of subsections (d) and (e) and this subsection—
(1) the allotment percentage of each State shall be 100 percent less that percentage that bears the same ratio to 50 percent as the per capita income of such State bears to the per capita income of the United States, except that—
(A) the allotment percentage shall be not more than 75 percent and not less than 33 percent; and
(B) the allotment percentage for the District of Columbia and the Commonwealth of Puerto Rico shall be 75 percent;
(2) the number of individuals age 55 or older in any State and in all States, and the per capita income in any State and in all States, shall be determined by the Secretary on the basis of the most satisfactory data available to the Secretary; and
(3) for the purpose of determining the allotment percentage, the term “United States” means the 50 States,11 So in original. The comma probably should not appear. and the District of Columbia.
(g) Definitions In this section:
(1) Cost per authorized position The term “cost per authorized position” means the sum of—
(A) the hourly minimum wage rate specified in section 206(a)(1) of title 29, multiplied by the number of hours equal to the product of 21 hours and 52 weeks;
(B) an amount equal to 11 percent of the amount specified under subparagraph (A), for the purpose of covering Federal payments for fringe benefits; and
(C) an amount determined by the Secretary, for the purpose of covering Federal payments for the remainder of all other program and administrative costs.
(2) Fiscal year 2000 level of activities The term “fiscal year 2000 level of activities” means—
(A) with respect to public and nonprofit private agency and organization grantees that operate under this subchapter under national grants from the Secretary, their level of activities for fiscal year 2000; and
(B) with respect to State grantees, their level of activities for fiscal year 2000.
(3) Grants to States The term “grants to States” means grants made under this subchapter by the Secretary to the States.
(4) Level of activities The term “level of activities” means the number of authorized positions multiplied by the cost per authorized position.
(5) National grants The term “national grants” means grants made under this subchapter by the Secretary to public and nonprofit private agency and organization grantees that operate under this subchapter.
(6) State The term “State” does not include Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and the United States Virgin Islands.
(Pub. L. 8973, title V, § 506, as added Pub. L. 109365, title V, § 501, Oct. 17, 2006, 120 Stat. 2576.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 3056d, Pub. L. 8973, title V, § 506, as added Pub. L. 106501, title V, § 501, Nov. 13, 2000, 114 Stat. 2276, related to distribution of assistance, prior to the general amendment of this subchapter by Pub. L. 109365. Another prior section 3056d, Pub. L. 8973, title V, § 506, formerly title IX, § 906, as added Pub. L. 94135, title I, § 113(a), Nov. 28, 1975, 89 Stat. 723; renumbered title V, § 506, and amended Pub. L. 95478, title I, § 105(a), (e), Oct. 18, 1978, 92 Stat. 1547, 1548; Pub. L. 97115, § 12(e), Dec. 29, 1981, 95 Stat. 1607; Pub. L. 98459, title V, § 503(a), (b), Oct. 9, 1984, 98 Stat. 1787; Pub. L. 100175, title I, §§ 162(b), 182(b)(3), Nov. 29, 1987, 101 Stat. 957, 964; Pub. L. 102375, title V, § 504(a)(c)(1), (3), title IX, § 904(b)(2), Sept. 30, 1992, 106 Stat. 12671269, 1309, related to national grants or contracts and State allotments for projects, prior to the general amendment of this subchapter by Pub. L. 106501. Another prior section 506 of Pub. L. 8973 was classified to section 3041e of this title, prior to repeal by Pub. L. 95478.
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# 42 U.S.C. § 3056e - Equitable distribution
## Text
(a) Interstate allocation In making grants under section 3056(b) of this title from allotments made under section 3056d of this title, the Secretary shall ensure, to the extent feasible, an equitable distribution of activities under such grants, in the aggregate, among the States, taking into account the needs of underserved States.
(b) Intrastate allocation The amount allocated for projects within each State under section 3056d of this title shall be allocated among areas in the State in an equitable manner, taking into consideration the State priorities set out in the State plan in effect under section 3056a(a) of this title.
(Pub. L. 8973, title V, § 507, as added Pub. L. 109365, title V, § 501, Oct. 17, 2006, 120 Stat. 2579.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 3056e, Pub. L. 8973, title V, § 507, as added Pub. L. 106501, title V, § 501, Nov. 13, 2000, 114 Stat. 2280, related to equitable distribution of activities and projects, prior to the general amendment of this subchapter by Pub. L. 109365. Another prior section 3056e, Pub. L. 8973, title V, § 507, formerly title IX, § 907, as added Pub. L. 94135, title I, § 113(a), Nov. 28, 1975, 89 Stat. 724; renumbered title V, § 507, and amended Pub. L. 95478, title I, § 105(a), (f), Oct. 18, 1978, 92 Stat. 1547, 1548; Pub. L. 97115, § 12(a)(3), (f), Dec. 29, 1981, 95 Stat. 1606, 1607; Pub. L. 98459, title V, § 503(c), Oct. 9, 1984, 98 Stat. 1787; Pub. L. 100175, title I, §§ 164, 182(b)(4), (p), Nov. 29, 1987, 101 Stat. 958, 964, 967; Pub. L. 100628, title VII, § 705(9), Nov. 7, 1988, 102 Stat. 3247; Pub. L. 102375, title I, § 102(b)(8), title V, § 504(c)(1), Sept. 30, 1992, 106 Stat. 1201, 1269, related to definitions, prior to the general amendment of this subchapter by Pub. L. 106501. Another prior section 507 of Pub. L. 8973 was classified to section 3041f of this title, prior to repeal by Pub. L. 95478.
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# 42 U.S.C. § 3056f - Report
## Text
To carry out the Secretarys responsibilities for reporting in section 3056a(g) of this title, the Secretary shall require the State agency for each State that receives funds under this subchapter to prepare and submit a report at the beginning of each fiscal year on such States compliance with section 3056e(b) of this title. Such report shall include the names and geographic location of all projects assisted under this subchapter and carried out in the State and the amount allocated to each such project under section 3056d of this title.
(Pub. L. 8973, title V, § 508, as added Pub. L. 109365, title V, § 501, Oct. 17, 2006, 120 Stat. 2579.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 3056f, Pub. L. 8973, title V, § 508, as added Pub. L. 106501, title V, § 501, Nov. 13, 2000, 114 Stat. 2280, required annual report on States compliance with section 3056e(b) of this title, prior to the general amendment of this subchapter by Pub. L. 109365. Another prior section 3056f, Pub. L. 8973, title V, § 508, formerly title IX, § 908, as added Pub. L. 94135, title I, § 113(a), Nov. 28, 1975, 89 Stat. 725; renumbered title V, § 508, and amended Pub. L. 95478, title I, § 105(a), (g), Oct. 18, 1978, 92 Stat. 1547, 1548; Pub. L. 97115, § 12(g), Dec. 29, 1981, 95 Stat. 1607; Pub. L. 98459, title V, § 504, Oct. 9, 1984, 98 Stat. 1787; Pub. L. 100175, title I, § 165, Nov. 29, 1987, 101 Stat. 958; Pub. L. 102375, title V, § 505, Sept. 30, 1992, 106 Stat. 1269, related to authorization of appropriations, prior to the general amendment of this subchapter by Pub. L. 106501.
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# 42 U.S.C. § 3056g - Employment assistance and Federal housing and supplemental nutrition assistance programs
## Text
Funds received by eligible individuals from projects carried out under the program established under this subchapter shall not be considered to be income of such individuals for purposes of determining the eligibility of such individuals, or of any other individuals, to participate in any housing program for which Federal funds may be available or for any income determination under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.).
(Pub. L. 8973, title V, § 509, as added Pub. L. 109365, title V, § 501, Oct. 17, 2006, 120 Stat. 2579; amended Pub. L. 110234, title IV, § 4002(b)(1)(B), (2)(BB), May 22, 2008, 122 Stat. 1096, 1097; Pub. L. 110246, § 4(a), title IV, § 4002(b)(1)(B), (2)(BB), June 18, 2008, 122 Stat. 1664, 1857, 1859; Pub. L. 11379, title IV, § 4030(s), Feb. 7, 2014, 128 Stat. 815.)
## Notes
Editorial Notes
References in TextThe Food and Nutrition Act of 2008, referred to in text, is Pub. L. 88525, Aug. 31, 1964, 78 Stat. 703, which is classified generally to chapter 51 (§ 2011 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of Title 7 and Tables.
Codification Pub. L. 110234 and Pub. L. 110246 made identical amendments to this section. The amendments by Pub. L. 110234 were repealed by section 4(a) of Pub. L. 110246.
Prior ProvisionsA prior section 3056g, Pub. L. 8973, title V, § 509, as added Pub. L. 106501, title V, § 501, Nov. 13, 2000, 114 Stat. 2280, related to employment assistance and Federal housing and food stamp programs, prior to the general amendment of this subchapter by Pub. L. 109365. Another prior section 3056g, Pub. L. 8973, title V, § 509, as added Pub. L. 100175, title I, § 166, Nov. 29, 1987, 101 Stat. 958, related to employment assistance and Federal housing and food stamp programs, prior to the general amendment of this subchapter by Pub. L. 106501.
Amendments2014—Pub. L. 11379 substituted “supplemental nutrition assistance programs” for “food stamp programs” in section catchline. 2008—Pub. L. 110246, § 4002(b)(1)(B), (2)(BB), substituted “Food and Nutrition Act of 2008” for “Food Stamp Act of 1977”.
Statutory Notes and Related Subsidiaries
Effective Date of 2008 AmendmentAmendment of this section and repeal of Pub. L. 110234 by Pub. L. 110246 effective May 22, 2008, the date of enactment of Pub. L. 110234, except as otherwise provided, see section 4 of Pub. L. 110246, set out as an Effective Date note under section 8701 of Title 7, Agriculture. Amendment by section 4002(b)(1)(B), (2)(BB) of Pub. L. 110246 effective Oct. 1, 2008, see section 4407 of Pub. L. 110246, set out as a note under section 1161 of Title 2, The Congress.
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# 42 U.S.C. § 3056h - Eligibility for workforce investment activities
## Text
Eligible individuals under this subchapter may be considered by local workforce development boards and one-stop operators established under title I of the Workforce Innovation and Opportunity Act [29 U.S.C. 3111 et seq.] to satisfy the requirements for receiving services under such title that are applicable to adults.
(Pub. L. 8973, title V, § 510, as added Pub. L. 109365, title V, § 501, Oct. 17, 2006, 120 Stat. 2580; amended Pub. L. 113128, title V, § 512(w)(6), July 22, 2014, 128 Stat. 1715.)
## Notes
Editorial Notes
References in TextThe Workforce Innovation and Opportunity Act, referred to in text, is Pub. L. 113128, July 22, 2014, 128 Stat. 1425. Title I of the Act is classified generally to subchapter I (§ 3111 et seq.) of chapter 32 of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 3101 of Title 29 and Tables.
Prior ProvisionsA prior section 3056h, Pub. L. 8973, title V, § 510, as added Pub. L. 106501, title V, § 501, Nov. 13, 2000, 114 Stat. 2280, related to eligibility for workforce investment activities, prior to the general amendment of this subchapter by Pub. L. 109365. Another prior section 3056h, Pub. L. 8973, title V, § 510, as added Pub. L. 102375, title V, § 506, Sept. 30, 1992, 106 Stat. 1269; amended Pub. L. 103171, § 2(20), Dec. 2, 1993, 107 Stat. 1989; Pub. L. 105277, div. A, § 101(f) [title VIII, § 405(d)(33)(D), (f)(25)(D)], Oct. 21, 1998, 112 Stat. 2681337, 2681426, 2681433, related to dual eligibility, prior to the general amendment of this subchapter by Pub. L. 106501.
Amendments2014—Pub. L. 113128 substituted “by local workforce development boards and one-stop operators established under title I of the Workforce Innovation and Opportunity Act” for “by local workforce investment boards and one-stop operators established under title I of the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.)” and “such title” for “such title I”.
Statutory Notes and Related Subsidiaries
Effective Date of 2014 AmendmentAmendment by Pub. L. 113128 effective on the first day of the first full program year after July 22, 2014 (July 1, 2015), see section 506 of Pub. L. 113128, set out as an Effective Date note under section 3101 of Title 29, Labor.
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# 42 U.S.C. § 3056i - Coordination with the Workforce Innovation and Opportunity Act
## Text
(a) Partners Grantees under this subchapter shall be one-stop partners as described in subparagraphs (A) and (B)(v) of section 121(b)(1) of the Workforce Innovation and Opportunity Act [29 U.S.C. 3151(b)(1)] in the one-stop delivery system established under section 121(e) of such Act [29 U.S.C. 3151(e)] for the appropriate local workforce development areas, and shall carry out the responsibilities relating to such partners.
(b) Coordination In local workforce investment areas where more than 1 grantee under this subchapter provides services, the grantees shall—
(1) coordinate their activities related to the one-stop delivery systems; and
(2) be signatories of the memorandum of understanding established under section 121(c) of the Workforce Innovation and Opportunity Act [29 U.S.C. 3151(c)].
(Pub. L. 8973, title V, § 511, as added Pub. L. 109365, title V, § 501, Oct. 17, 2006, 120 Stat. 2580; amended Pub. L. 113128, title V, § 512(w)(7), July 22, 2014, 128 Stat. 1716; Pub. L. 114144, § 6(c), Apr. 19, 2016, 130 Stat. 343.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 3056i, Pub. L. 8973, title V, § 511, as added Pub. L. 106501, title V, § 501, Nov. 13, 2000, 114 Stat. 2280, provided that assistance under this subchapter was not financial assistance described in section 1255a(h)(1)(A) of title 8, prior to the general amendment of this subchapter by Pub. L. 109365. See section 3056j of this title. Another prior section 3056i, Pub. L. 8973, title V, § 511, as added Pub. L. 102375, title V, § 507, Sept. 30, 1992, 106 Stat. 1269, related to treatment of assistance, prior to the general amendment of this subchapter by Pub. L. 106501.
Amendments2016—Pub. L. 114144 substituted “Workforce Innovation and Opportunity Act” for “Workforce Investment Act of 1998” in section catchline. 2014—Subsec. (a). Pub. L. 113128, § 512(w)(7)(A), substituted “Grantees under this subchapter shall be one-stop partners as described in subparagraphs (A) and (B)(v) of section 121(b)(1) of the Workforce Innovation and Opportunity Act in the one-stop delivery system established under section 121(e) of such Act for the appropriate local workforce development areas” for “Grantees under this subchapter shall be one-stop partners as described in subparagraphs (A) and (B)(vi) of section 121(b)(1) of the Workforce Investment Act of 1998 (29 U.S.C. 2841(b)(1)) in the one-stop delivery system established under section 134(c) of such Act (29 U.S.C. 2864(c)) for the appropriate local workforce investment areas”. Subsec. (b)(2). Pub. L. 113128, § 512(w)(7)(B), substituted “be signatories of the memorandum of understanding established under section 121(c) of the Workforce Innovation and Opportunity Act” for “be signatories of the memorandum of understanding established under section 121(c) of the Workforce Investment Act of 1998 (29 U.S.C. 2841(c))”.
Statutory Notes and Related Subsidiaries
Effective Date of 2014 AmendmentAmendment by Pub. L. 113128 effective on the first day of the first full program year after July 22, 2014 (July 1, 2015), see section 506 of Pub. L. 113128, set out as an Effective Date note under section 3101 of Title 29, Labor.
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# 42 U.S.C. § 3056j - Treatment of assistance
## Text
Assistance provided under this subchapter shall not be considered to be financial assistance described in section 1255a(h)(1)(A) of title 8.
(Pub. L. 8973, title V, § 512, as added Pub. L. 109365, title V, § 501, Oct. 17, 2006, 120 Stat. 2580.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 3056j, Pub. L. 8973, title V, § 512, as added Pub. L. 106501, title V, § 501, Nov. 13, 2000, 114 Stat. 2280, related to coordination with the Workforce Investment Act of 1998, prior to the general amendment of this subchapter by Pub. L. 109365. See section 3056i of this title.
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# 42 U.S.C. § 3056l - Competitive requirements relating to grant awards
## Text
(a) Program authorized (1) Initial approval of grant applications From the funds available for national grants under section 3056d(d) of this title, the Secretary shall award grants under section 3056(b) of this title to eligible applicants, through a competitive process that emphasizes meeting performance requirements, to carry out projects under this subchapter for a period of 4 years, except as provided in paragraph (2). The Secretary may not conduct a grant competition under this subchapter until the day described in section 3056k(e) of this title.
(2) Continuation of approval based on performance If the recipient of a grant made under paragraph (1) meets the expected levels of performance described in section 3056k(d)(2)(A) of this title for each year of such 4-year period with respect to a project, the Secretary may award a grant under section 3056(b) of this title to such recipient to continue such project beyond such 4-year period for 1 additional year without regard to such process.
(b) Eligible applicants An applicant shall be eligible to receive a grant under section 3056(b) of this title in accordance with subsections (a), (c), and (d).
(c) Criteria For purposes of subsection (a)(1), the Secretary shall select the eligible applicants to receive grants based on the following:
(1) The applicants ability to administer a project that serves the greatest number of eligible individuals, giving particular consideration to individuals with greatest economic need, individuals with greatest social need, and individuals described in subsection (a)(3)(B)(ii) or (b)(2) of section 3056p of this title.
(2) The applicants ability to administer a project that provides employment for eligible individuals in the communities in which such individuals reside, or in nearby communities, that will contribute to the general welfare of the communities involved.
(3) The applicants ability to administer a project that moves eligible individuals into unsubsidized employment.
(4) The applicants prior performance, if any, in meeting core measures of performance under this subchapter and the applicants ability to address core indicators of performance under this subchapter and under other Federal or State programs in the case of an applicant that has not previously received a grant under this subchapter.
(5) The applicants ability to move individuals with multiple barriers to employment, including individuals described in subsection (a)(3)(B)(ii) or (b)(2) of section 3056p of this title, into unsubsidized employment.
(6) The applicants ability to coordinate activities with other organizations at the State and local level.
(7) The applicants plan for fiscal management of the project to be administered with funds received in accordance with this section.
(8) The applicants ability to administer a project that provides community service.
(9) The applicants ability to minimize disruption in services for participants and in community services provided.
(10) Any additional criteria that the Secretary considers to be appropriate in order to minimize disruption in services for participants.
(d) Responsibility tests (1) In general Before final selection of a grantee, the Secretary shall conduct a review of available records to assess the applicants overall responsibility to administer Federal funds.
(2) Review As part of the review described in paragraph (1), the Secretary may consider any information, including the applicants history with regard to the management of other grants.
(3) Failure to satisfy test The failure to satisfy a responsibility test with respect to any 1 factor that is listed in paragraph (4), excluding those listed in subparagraphs (A) and (B) of such paragraph, does not establish that the applicant is not responsible unless such failure is substantial or persists for 2 or more consecutive years.
(4) Test The responsibility tests include review of the following factors:
(A) Unsuccessful efforts by the applicant to recover debts, after 3 demand letters have been sent, that are established by final agency action, or a failure to comply with an approved repayment plan.
(B) Established fraud or criminal activity of a significant nature within the organization or agency involved.
(C) Serious administrative deficiencies identified by the Secretary, such as failure to maintain a financial management system as required by Federal rules or regulations.
(D) Willful obstruction of the audit process.
(E) Failure to provide services to participants for a current or recent grant or to meet applicable core measures of performance or address applicable indicators of performance.
(F) Failure to correct deficiencies brought to the grantees attention in writing as a result of monitoring activities, reviews, assessments, or other activities.
(G) Failure to return a grant closeout package or outstanding advances within 90 days of the grant expiration date or receipt of the closeout package, whichever is later, unless an extension has been requested and granted.
(H) Failure to submit required reports.
(I) Failure to properly report and dispose of Government property as instructed by the Secretary.
(J) Failure to have maintained effective cash management or cost controls resulting in excess cash on hand.
(K) Failure to ensure that a subrecipient complies with its Office of Management and Budget Circular A133 audit requirements specified at section 667.200(b) of title 20, Code of Federal Regulations.
(L) Failure to audit a subrecipient within the required period.
(M) Final disallowed costs in excess of 5 percent of the grant or contract award if, in the judgment of the grant officer, the disallowances are egregious.
(N) Failure to establish a mechanism to resolve a subrecipients audit in a timely fashion.
(5) Determination Applicants that are determined to be not responsible shall not be selected as grantees.
(6) Disallowed costs Interest on disallowed costs shall accrue in accordance with the Debt Collection Improvement Act of 1996, including the amendments made by that Act.
(e) Grantees serving individuals with barriers to employment (1) Definition In this subsection, the term “individuals with barriers to employment” means minority individuals, Indian individuals, individuals with greatest economic need, eligible individuals who have been incarcerated or are under supervision following release from prison or jail, and individuals described in subsection (a)(3)(B)(ii) or (b)(2) of section 3056p of this title.
(2) Special consideration In areas where a substantial population of individuals with barriers to employment exists, a grantee that receives a national grant in accordance with this section shall, in selecting subgrantees, give special consideration to organizations (including former recipients of such national grants) with demonstrated expertise in serving individuals with barriers to employment.
(f) Minority-serving grantees The Secretary may not promulgate rules or regulations affecting grantees in areas where a substantial population of minority individuals exists, that would significantly compromise the ability of the grantees to serve their targeted population of minority older individuals.
(Pub. L. 8973, title V, § 514, as added Pub. L. 109365, title V, § 501, Oct. 17, 2006, 120 Stat. 2584; amended Pub. L. 114144, § 6(e), Apr. 19, 2016, 130 Stat. 346; Pub. L. 116131, title IV, § 401(a)(2), Mar. 25, 2020, 134 Stat. 266.)
## Notes
Editorial Notes
References in TextThe Debt Collection Improvement Act of 1996, referred to in subsec. (d)(6), is section 31001 of title III of Pub. L. 104134, Apr. 26, 1996, 110 Stat. 1321358. For complete classification of this Act to the Code, see Short Title of 1996 Amendment note set out under section 3701 of Title 31, Money and Finance, and Tables.
Prior ProvisionsA prior section 3056l, Pub. L. 8973, title V, § 514, as added Pub. L. 106501, title V, § 501, Nov. 13, 2000, 114 Stat. 2282, related to competitive requirements relating to grant awards, prior to the general amendment of this subchapter by Pub. L. 109365.
Amendments2020—Subsec. (e)(1). Pub. L. 116131 inserted “eligible individuals who have been incarcerated or are under supervision following release from prison or jail,” after “need,”. 2016—Subsec. (c)(4). Pub. L. 114144 struck out “and addressing additional indicators of performance” after “measures of performance” and “and additional indicators of performance” after “core indicators of performance”.
Statutory Notes and Related Subsidiaries
Effective Date of 2020 AmendmentAmendment by Pub. L. 116131 effective 1 year after Mar. 25, 2020, see section 401(b) of Pub. L. 116131, set out as a note under section 3056a of this title.
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# 42 U.S.C. § 3056m - Report on service to minority individuals
## Text
(a) In general The Secretary shall annually prepare a report on the levels of participation and performance outcomes of minority individuals served by the program carried out under this subchapter.
(b) Contents (1) Organization and data Such report shall present information on the levels of participation and the outcomes achieved by such minority individuals with respect to each grantee under this subchapter, by service area, and in the aggregate, beginning with data that applies to program year 2005.
(2) Efforts The report shall also include a description of each grantees efforts to serve minority individuals, based on information submitted to the Secretary by each grantee at such time and in such manner as the Secretary determines to be appropriate.
(3) Related matters The report shall also include—
(A) an assessment of individual grantees based on the criteria established under subsection (c);
(B) an analysis of whether any changes in grantees have affected participation rates of such minority individuals;
(C) information on factors affecting participation rates among such minority individuals; and
(D) recommendations for increasing participation of minority individuals in the program.
(c) Criteria The Secretary shall establish criteria for determining the effectiveness of grantees in serving minority individuals in accordance with the goals set forth in section 3056(a)(1) of title.
(d) Submission The Secretary shall annually submit such a report to the appropriate committees of Congress.
(Pub. L. 8973, title V, § 515, as added Pub. L. 109365, title V, § 501, Oct. 17, 2006, 120 Stat. 2587.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 3056m, Pub. L. 8973, title V, § 515, as added Pub. L. 106501, title V, § 501, Nov. 13, 2000, 114 Stat. 2286, related to authorization of appropriations, prior to the general amendment of this subchapter by Pub. L. 109365. See section 3056o of this title.
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# 42 U.S.C. § 3056n - Sense of Congress
## Text
It is the sense of Congress that—
(1) the older American community service employment program described in this subchapter was established with the intent of placing older individuals in community service positions and providing job training; and
(2) placing older individuals in community service positions strengthens the ability of the individuals to become self-sufficient, provides much-needed support to organizations that benefit from increased civic engagement, and strengthens the communities that are served by such organizations.
(Pub. L. 8973, title V, § 516, as added Pub. L. 109365, title V, § 501, Oct. 17, 2006, 120 Stat. 2587.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 3056n, Pub. L. 8973, title V, § 516, as added Pub. L. 106501, title V, § 501, Nov. 13, 2000, 114 Stat. 2287, related to definitions, prior to the general amendment of this subchapter by Pub. L. 109365. See section 3056p(a) of this title.
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# 42 U.S.C. § 3056o - Authorization of appropriations
## Text
(a) In general There are authorized to be appropriated to carry out this subchapter $428,000,000 for fiscal year 2020, $453,680,000 for fiscal year 2021, $480,900,800 for fiscal year 2022, $509,754,848 for fiscal year 2023, and $540,340,139 for fiscal year 2024.
(b) Obligation Amounts appropriated under this section for any fiscal year shall be available for Federal obligation during the annual period that begins on April 1 of the calendar year immediately following the beginning of such fiscal year and that ends on June 30 of the following calendar year. Such amounts obligated to grantees shall be available for obligation and expenditure by grantees during the program year that begins on July 1 of the calendar year immediately following the beginning of the fiscal year in which the amounts are appropriated and that ends on June 30 of the following calendar year. The Secretary may extend the period during which such amounts may be obligated or expended in the case of a particular organization or agency that receives funds under this subchapter if the Secretary determines that such extension is necessary to ensure the effective use of such funds by such organization or agency.
(c) Recapturing funds At the end of the program year, the Secretary may recapture any unexpended funds for the program year, and reobligate such funds within the 2 succeeding program years for—
(1) incentive grants to entities that are State grantees or national grantees under section 3056(b) of this title;
(2) technical assistance; or
(3) grants or contracts for any other activity under this subchapter.
(Pub. L. 8973, title V, § 517, as added Pub. L. 109365, title V, § 501, Oct. 17, 2006, 120 Stat. 2587; amended Pub. L. 114144, § 6(f), Apr. 19, 2016, 130 Stat. 346; Pub. L. 116131, title IV, § 402, Mar. 25, 2020, 134 Stat. 267.)
## Notes
Editorial Notes
Amendments2020—Subsec. (a). Pub. L. 116131 amended subsec. (a) generally. Prior to amendment, text read as follows: “There are authorized to be appropriated to carry out this subchapter $445,189,405 for fiscal year 2017, $454,499,494 for fiscal year 2018, and $463,809,605 for fiscal year 2019.” 2016—Subsec. (a). Pub. L. 114144, § 6(f)(1), substituted “$445,189,405 for fiscal year 2017, $454,499,494 for fiscal year 2018, and $463,809,605 for fiscal year 2019.” for “such sums as may be necessary for fiscal years 2007, 2008, 2009, 2010, and 2011.” Subsec. (b). Pub. L. 114144, § 6(f)(2), substituted “April 1” for “July 1” and inserted “Federal” before “obligation during” and “Such amounts obligated to grantees shall be available for obligation and expenditure by grantees during the program year that begins on July 1 of the calendar year immediately following the beginning of the fiscal year in which the amounts are appropriated and that ends on June 30 of the following calendar year.” before “The Secretary may extend”.
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# 42 U.S.C. § 3056p - Definitions and rule
## Text
(a) Definitions For purposes of this subchapter:
(1) Community service The term “community service” means—
(A) social, health, welfare, and educational services (including literacy tutoring), legal and other counseling services and assistance, including tax counseling and assistance and financial counseling, and library, recreational, and other similar services;
(B) conservation, maintenance, or restoration of natural resources;
(C) community betterment or beautification;
(D) antipollution and environmental quality efforts;
(E) weatherization activities;
(F) economic development; and
(G) such other services essential and necessary to the community as the Secretary determines by rule to be appropriate.
(2) Community service employment The term “community service employment” means part-time, temporary employment paid with grant funds in projects described in section 3056(b)(1)(D) of this title, through which eligible individuals are engaged in community service and receive work experience and job skills that can lead to unsubsidized employment.
(3) Eligible individual (A) In general The term “eligible individual” means an individual who is age 55 or older and who has a low income (including any such individual whose income is not more than 125 percent of the poverty line), excluding any income that is unemployment compensation, a benefit received under title XVI of the Social Security Act (42 U.S.C. 1381 et seq.), a payment made to or on behalf of veterans or former members of the Armed Forces under the laws administered by the Secretary of Veterans Affairs, or 25 percent of a benefit received under title II of the Social Security Act (42 U.S.C. 401 et seq.), subject to subsection (b).
(B) Participation (i) Exclusion Notwithstanding any other provision of this paragraph, the term “eligible individual” does not include an individual who has participated in projects under this subchapter for a period of 48 months in the aggregate (whether or not consecutive) after July 1, 2007, unless the period was increased as described in clause (ii).
(ii) Increased periods of participation The Secretary shall authorize a grantee for a project to increase the period of participation described in clause (i), pursuant to a request submitted by the grantee, for individuals who—
(I) have a severe disability;
(II) are frail or are age 75 or older;
(III) meet the eligibility requirements related to age for, but do not receive, benefits under title II of the Social Security Act (42 U.S.C. 401 et seq.);
(IV) live in an area with persistent unemployment and are individuals with severely limited employment prospects;
(V) have limited English proficiency or low literacy skills; or
(VI) have been incarcerated within the last 5 years or are under supervision following release from prison or jail within the last 5 years.
(4) Income In this section, the term “income” means income received during the 12-month period (or, at the option of the grantee involved, the annualized income for the 6-month period) ending on the date an eligible individual submits an application to participate in a project carried out under this subchapter by such grantee.
(5) Local workforce development board; state workforce development board The terms “local workforce development board” and “State workforce development board” have the meanings given the terms “local board” and “State board”, respectively, in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).
(6) Pacific Island and Asian Americans The term “Pacific Island and Asian Americans” means Americans having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands.
(7) Program The term “program” means the older American community service employment program established under this subchapter.
(8) Supportive services The term “supportive services” means services, such as transportation, child care, dependent care, housing, and needs-related payments, that are necessary to enable an individual to participate in activities authorized under this subchapter, consistent with the provisions of this subchapter.
(9) Unemployed The term “unemployed”, used with respect to a person or individual, means an individual who is without a job and who wants and is available for work, including an individual who may have occasional employment that does not result in a constant source of income.
(b) Rule Pursuant to regulations prescribed by the Secretary, an eligible individual shall have priority for the community service employment and other authorized activities provided under this subchapter if the individual—
(1) is 65 years of age or older; or
(2) (A) has a disability;
(B) has limited English proficiency or low literacy skills;
(C) resides in a rural area;
(D) is a veteran;
(E) has low employment prospects;
(F) has failed to find employment after utilizing services provided under title I of the Workforce Innovation and Opportunity Act [29 U.S.C. 3111 et seq.];
(G) is homeless or at risk for homelessness; or
(H) has been incarcerated within the last 5 years or is under supervision following release from prison or jail within the last 5 years.
(Pub. L. 8973, title V, § 518, as added Pub. L. 109365, title V, § 501, Oct. 17, 2006, 120 Stat. 2588; amended Pub. L. 113128, title V, § 512(w)(8), July 22, 2014, 128 Stat. 1716; Pub. L. 114144, § 6(g), Apr. 19, 2016, 130 Stat. 346; Pub. L. 116131, title IV, § 401(a)(3), Mar. 25, 2020, 134 Stat. 266.)
## Notes
Editorial Notes
References in TextThe Social Security Act, referred to in subsec. (a)(3)(A), (B)(ii)(III), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Titles II and XVI of the Act are classified generally to subchapters II (§ 401 et seq.) and XVI (§ 1381 et seq.), respectively, of chapter 7 of this title. For complete classification of this Act to the Code, see section 1305 of this title and Tables. The Workforce Innovation and Opportunity Act, referred to in subsec. (b)(2)(F), is Pub. L. 113128, July 22, 2014, 128 Stat. 1425. Title I of the Act is classified generally to subchapter I (§ 3111 et seq.) of chapter 32 of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 3101 of Title 29 and Tables.
Amendments2020—Subsec. (a)(3)(B)(ii)(VI). Pub. L. 116131, § 401(a)(3)(A), added subcl. (VI). Subsec. (b)(2)(H). Pub. L. 116131, § 401(a)(3)(B), added subpar. (H). 2016—Subsec. (a)(5) to (9). Pub. L. 114144 added par. (5) and redesignated former pars. (5) to (8) as (6) to (9), respectively. 2014—Subsec. (b)(2)(F). Pub. L. 113128 substituted “has failed to find employment after utilizing services provided under title I of the Workforce Innovation and Opportunity Act” for “has failed to find employment after utilizing services provided under title I of the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.)”.
Statutory Notes and Related Subsidiaries
Effective Date of 2020 AmendmentAmendment by Pub. L. 116131 effective 1 year after Mar. 25, 2020, see section 401(b) of Pub. L. 116131, set out as a note under section 3056a of this title.
Effective Date of 2014 AmendmentAmendment by Pub. L. 113128 effective on the first day of the first full program year after July 22, 2014 (July 1, 2015), see section 506 of Pub. L. 113128, set out as an Effective Date note under section 3101 of Title 29, Labor.
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# 42 U.S.C. § 3057 - Statement of purpose
## Text
It is the purpose of this subchapter to promote the delivery of supportive services, including nutrition services to American Indians, Alaskan Natives, and Native Hawaiians that are comparable to services provided under subchapter III.
(Pub. L. 8973, title VI, § 601, as added Pub. L. 100175, title I, § 171, Nov. 29, 1987, 101 Stat. 959.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 3057, Pub. L. 8973, title VI, § 601, as added Pub. L. 95478, title I, § 106, Oct. 18, 1978, 92 Stat. 1548; amended Pub. L. 97115, § 3(d), Dec. 29, 1981, 95 Stat. 1597, related to statement of purpose for grants to Indian tribes, prior to the general amendment of this subchapter by Pub. L. 100175. A prior section 601 of Pub. L. 8973, title VI, as added Pub. L. 9169, § 9, Sept. 17, 1969, 83 Stat. 111; amended Pub. L. 9329, title VI, § 601, May 3, 1973, 87 Stat. 55, related to grants and contracts for volunteer service projects and was classified to section 3044 of this title, prior to repeal by Pub. L. 93113, title VI, § 604(a), Oct. 1, 1973, 87 Stat. 417.
Statutory Notes and Related Subsidiaries
Effective DateSection 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. 100175, set out as an Effective Date of 1987 Amendment note under section 3001 of this title.
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# 42 U.S.C. § 3057a - Sense of Congress
## Text
It is the sense of the Congress that older individuals who are Indians, older individuals who are Alaskan Natives, and older individuals who are Native Hawaiians are a vital resource entitled to all benefits and services available and that such services and benefits should be provided in a manner that preserves and restores their respective dignity, self-respect, and cultural identities.
(Pub. L. 8973, title VI, § 602, as added Pub. L. 100175, title I, § 171, Nov. 29, 1987, 101 Stat. 959; amended Pub. L. 102375, title IX, § 904(a)(20), Sept. 30, 1992, 106 Stat. 1309.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 3057a, Pub. L. 8973, title VI, § 602, as added Pub. L. 95478, title I, § 106, Oct. 18, 1978, 92 Stat. 1549; amended Pub. L. 97115, § 3(d), Dec. 29, 1981, 95 Stat. 1597; Pub. L. 98459, title VI, § 601, Oct. 9, 1984, 98 Stat. 1787, related to eligibility of an Indian tribe for assistance and definitions, prior to the general amendment of this subchapter by Pub. L. 100175. See section 3057c of this title.
Amendments1992—Pub. L. 102375 substituted “older individuals who are Indians, older individuals who are Alaskan Natives, and older individuals who are Native Hawaiians” for “older Indians, older Alaskan Natives, and older Native Hawaiians”.
Statutory Notes and Related Subsidiaries
Effective DateSection 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. 100175, set out as an Effective Date of 1987 Amendment note under section 3001 of this title.
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# 42 U.S.C. § 3057b - Findings
## Text
The Congress finds that the older individuals who are Indians of the United States—
(1) are a rapidly increasing population;
(2) suffer from high unemployment;
(3) live in poverty at a rate estimated to be as high as 61 percent;
(4) have a life expectancy between 3 and 4 years less than the general population;
(5) lack sufficient nursing homes, other long-term care facilities, and other health care facilities;
(6) lack sufficient Indian area agencies on aging;
(7) frequently live in substandard and over-crowded housing;
(8) receive less than adequate health care;
(9) are served under this subchapter at a rate of less than 19 percent of the total national population of older individuals who are Indians living on Indian reservations; and
(10) are served under subchapter III at a rate of less than 1 percent of the total participants under that subchapter.
(Pub. L. 8973, title VI, § 611, as added Pub. L. 100175, title I, § 171, Nov. 29, 1987, 101 Stat. 959; amended Pub. L. 102375, title IX, § 904(a)(21), Sept. 30, 1992, 106 Stat. 1309; Pub. L. 116131, title VII, § 701(10), Mar. 25, 2020, 134 Stat. 271.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 3057b, Pub. L. 8973, title VI, § 603, as added Pub. L. 95478, title I, § 106, Oct. 18, 1978, 92 Stat. 1549; amended Pub. L. 97115, §§ 3(d), 13(a), Dec. 29, 1981, 95 Stat. 1597, 1608, related to authority of Commissioner to make grants to pay all costs for delivery of supportive services and nutritional services for older Indians, prior to the general revision of this subchapter by Pub. L. 100175. See section 3057d of this title. A prior section 603 of Pub. L. 8973, title VI, as added Pub. L. 9169, § 9, Sept. 17, 1969, 83 Stat. 112; amended Pub. L. 9329, title VI, § 602, May 3, 1973, 87 Stat. 55, related to authorization of appropriations and was classified to section 3044a of this title, prior to repeal by Pub. L. 93113, title VI, § 604(a), Oct. 1, 1973, 87 Stat. 417.
Amendments2020—Pub. L. 116131 struck out “(a)” before “The Congress” in introductory provisions. 1992—Subsec. (a). Pub. L. 102375, § 904(a)(21)(A), inserted “individuals who are” after “older” in introductory provisions. Subsec. (a)(9). Pub. L. 102375, § 904(a)(21)(B), substituted “population of older individuals who are Indians” for “Indian elderly population”.
Statutory Notes and Related Subsidiaries
Effective DateSection 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. 100175, set out as an Effective Date of 1987 Amendment note under section 3001 of this title.
Task ForcePub. L. 100175, title I, § 134(d), Nov. 29, 1987, 101 Stat. 941, provided that: “(1) The Commissioner on Aging [now Assistant Secretary for Aging] shall establish a permanent interagency task force that is representative of departments and agencies of the Federal Government with an interest in older Indians and their welfare, and is designed to make recommendations with respect to facilitating the coordination of services and the improvement of services to older Indians. “(2) The task force shall be chaired by the Associate Commissioner on [now Director of the Office for] American Indian, Alaskan Native, and Native Hawaiian Aging and shall submit its findings and recommendations to the Commissioner at 6-month intervals beginning after the date of the enactment of this Act [Nov. 29, 1987]. Such findings and recommendations shall be included in the annual report required by section 207(a) of the Older Americans Act of 1965 [42 U.S.C. 3018(a)] to be submitted by the Commissioner.”
Special Report on Services for Older IndiansPub. L. 100175, title I, § 134(e), Nov. 29, 1987, 101 Stat. 942, directed Commissioner on Aging to enter into a contract with a public agency or nonprofit private organization to conduct a thorough study of availability and quality of services under the Older Americans Act of 1965, 42 U.S.C. 3001 et seq., to older Indians and, not later than Dec. 31, 1988, submit to Congress a report and recommendations based on the study.
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# 42 U.S.C. § 3057c - Eligibility
## Text
(a) Criteria A tribal organization of an Indian tribe is eligible for assistance under this part only if—
(1) the tribal organization represents at least 50 individuals who are 60 years of age or older; and
(2) the tribal organization demonstrates the ability to deliver supportive services, including nutritional services.
(b) Limitation An Indian tribe represented by an organization specified in subsection (a) shall be eligible for only one grant under this part for any fiscal year. Nothing in this subsection shall preclude an Indian tribe represented by an organization specified in subsection (a) from receiving a grant under section 3057k11 of this title.
(c) “Indian tribe” and “tribal organization” defined For the purposes of this part the terms “Indian tribe” and “tribal organization” have the same meaning as in section 5304 of title 25.
(Pub. L. 8973, title VI, § 612, as added Pub. L. 100175, title I, § 171, Nov. 29, 1987, 101 Stat. 959; amended Pub. L. 106501, title VI, § 601, Nov. 13, 2000, 114 Stat. 2287.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 3057c, Pub. L. 8973, title VI, § 604, as added Pub. L. 95478, title I, § 106, Oct. 18, 1978, 92 Stat. 1549; amended Pub. L. 97115, § 13(b), Dec. 29, 1981, 95 Stat. 1608; Pub. L. 98459, title VI, § 602, Oct. 9, 1984, 98 Stat. 1788, related to applications for assistance, prior to the general amendment of this subchapter by Pub. L. 100175. See section 3057e of this title.
Amendments2000—Subsecs. (b), (c). Pub. L. 106501 added subsec. (b) and redesignated former subsec. (b) as (c).
Statutory Notes and Related Subsidiaries
Effective DateSection 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. 100175, set out as an Effective Date of 1987 Amendment note under section 3001 of this title.
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# 42 U.S.C. § 3057d - Grants authorized
## Text
The Assistant Secretary may make grants to eligible tribal organizations to pay all of the costs for delivery of supportive services and nutrition services for older individuals who are Indians.
(Pub. L. 8973, title VI, § 613, as added Pub. L. 100175, title I, § 171, Nov. 29, 1987, 101 Stat. 960; amended Pub. L. 102375, title IX, § 904(a)(22), Sept. 30, 1992, 106 Stat. 1309; Pub. L. 103171, § 3(a)(13), Dec. 2, 1993, 107 Stat. 1990.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 3057d, Pub. L. 8973, title VI, § 605, as added Pub. L. 95478, title I, § 106, Oct. 18, 1978, 92 Stat. 1551; amended Pub. L. 97115, § 13(c), Dec. 29, 1981, 95 Stat. 1608, provided that in establishing administrative regulations the Commissioner consult with the Secretary of the Interior, prior to the general amendment of this subchapter by Pub. L. 100175. See section 3057l of this title.
Amendments1993—Pub. L. 103171 substituted “Assistant Secretary” for “Commissioner”. 1992—Pub. L. 102375 inserted “individuals who are” after “older”.
Statutory Notes and Related Subsidiaries
Effective DateSection 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. 100175, set out as an Effective Date of 1987 Amendment note under section 3001 of this title.
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# 42 U.S.C. § 3057e1 - Distribution of funds among tribal organizations
## Text
(a) Maintenance of 1991 amounts Subject to the availability of appropriations to carry out this part, the amount of the grant (if any) made under this part to a tribal organization for fiscal year 1992 and for each subsequent fiscal year shall be not less than the amount of the grant made under this part to the tribal organization for fiscal year 1991.
(b) Use of additional amounts appropriated If the funds appropriated to carry out this part in a fiscal year subsequent to fiscal year 1991 exceed the funds appropriated to carry out this part in fiscal year 1991, then the amount of the grant (if any) made under this part to a tribal organization for the subsequent fiscal year shall be—
(1) increased by such amount as the Assistant Secretary considers to be appropriate, in addition to the amount of any increase required by subsection (a), so that the grant equals or more closely approaches the amount of the grant made under this part to the tribal organization for fiscal year 1980; or
(2) an amount the Assistant Secretary considers to be sufficient if the tribal organization did not receive a grant under this part for either fiscal year 1980 or fiscal year 1991.
(c) Clarification (1) Definition In this subsection, the term “covered year” means fiscal year 2006 or a subsequent fiscal year.
(2) Consortia of tribal organizations If a tribal organization received a grant under this part for fiscal year 1991 as part of a consortium, the Assistant Secretary shall consider the tribal organization to have received a grant under this part for fiscal year 1991 for purposes of subsections (a) and (b), and shall apply the provisions of subsections (a) and (b)(1) (under the conditions described in subsection (b)) to the tribal organization for each covered year for which the tribal organization submits an application under this part, even if the tribal organization submits—
(A) a separate application from the remaining members of the consortium; or
(B) an application as 1 of the remaining members of the consortium.
(Pub. L. 8973, title VI, § 614A, as added Pub. L. 102375, title VI, § 602, Sept. 30, 1992, 106 Stat. 1270; amended Pub. L. 103171, § 3(a)(13), Dec. 2, 1993, 107 Stat. 1990; Pub. L. 109365, title VI, § 601(a), Oct. 17, 2006, 120 Stat. 2590.)
## Notes
Editorial Notes
Amendments2006—Subsec. (c). Pub. L. 109365 added subsec. (c). 1993—Subsec. (b). Pub. L. 103171 substituted “Assistant Secretary” for “Commissioner” in pars. (1) and (2).
Statutory Notes and Related Subsidiaries
Effective Date of 2006 AmendmentPub. L. 109365, title VI, § 601(b), Oct. 17, 2006, 120 Stat. 2590, provided that: “The amendment made by subsection (a) [amending this section] shall apply to grants awarded under part A of title VI of the Older Americans Act of 1965 (42 U.S.C. 3057b et seq.) during the grant period beginning April 1, 2008, and all subsequent grant periods.”
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# 42 U.S.C. § 3057e - Applications
## Text
(a) Approval criteria; provisions and assurances No grant may be made under this part unless the eligible tribal organization submits an application to the Assistant Secretary which meets such criteria as the Assistant Secretary may by regulation prescribe. Each such application shall—
(1) provide that the eligible tribal organization will evaluate the need for supportive and nutrition services among older individuals who are Indians to be represented by the tribal organization;
(2) provide for the use of such methods of administration as are necessary for the proper and efficient administration of the program to be assisted;
(3) provide that the tribal organization will make such reports in such form and containing such information, as the Assistant Secretary may reasonably require, and comply with such requirements as the Assistant Secretary may impose to assure the correctness of such reports;
(4) provide for periodic evaluation of activities and projects carried out under the application;
(5) establish objectives consistent with the purposes of this part toward which activities under the application will be directed, identify obstacles to the attainment of such objectives, and indicate the manner in which the tribal organization proposes to overcome such obstacles;
(6) provide for establishing and maintaining information and assistance services to assure that older individuals who are Indians to be served by the assistance made available under this part will have reasonably convenient access to such services;
(7) provide a preference for older individuals who are Indians for full or part-time staff positions wherever feasible;
(8) provide assurances that either directly or by way of grant or contract with appropriate entities nutrition services will be delivered to older individuals who are Indians represented by the tribal organization substantially in compliance with the provisions of part C of subchapter III, except that in any case in which the need for nutritional services for older individuals who are Indians represented by the tribal organization is already met from other sources, the tribal organization may use the funds otherwise required to be expended under this paragraph for supportive services;
(9) provide that any legal or ombudsman services made available to older individuals who are Indians represented by the tribal organization will be substantially in compliance with the provisions of subchapter III relating to the furnishing of similar services;
(10) provide satisfactory assurance that fiscal control and fund accounting procedures will be adopted as may be necessary to assure proper disbursement of, and accounting for, Federal funds paid under this part to the tribal organization, including any funds paid by the tribal organization to a recipient of a grant or contract; and
(11) contain assurances that the tribal organization will coordinate services provided under this part with services provided under subchapter III in the same geographical area.
(b) Population statistics development For the purpose of any application submitted under this part, the tribal organization may develop its own population statistics, with approval from the Bureau of Indian Affairs, in order to establish eligibility.
(c) Approval by Assistant Secretary (1) The Assistant Secretary shall approve any application which complies with the provisions of subsection (a).
(2) The Assistant Secretary shall provide waivers and exemptions of the reporting requirements of subsection (a)(3) for applicants that serve Indian populations in geographically isolated areas, or applicants that serve small Indian populations, where the small scale of the project, the nature of the applicant, or other factors make the reporting requirements unreasonable under the circumstances. The Assistant Secretary shall consult with such applicants in establishing appropriate waivers and exemptions.
(3) The Assistant Secretary shall approve any application that complies with the provisions of subsection (a), except that in determining whether an application complies with the requirements of subsection (a)(8), the Assistant Secretary shall provide maximum flexibility to an applicant that seeks to take into account subsistence needs, local customs, and other characteristics that are appropriate to the unique cultural, regional, and geographic needs of the Indian populations to be served.
(4) In determining whether an application complies with the requirements of subsection (a)(11), the Assistant Secretary shall require only that an applicant provide an appropriate narrative description of the geographic area to be served and an assurance that procedures will be adopted to ensure against duplicate services being provided to the same recipients.
(d) Disapproval by Assistant Secretary Whenever the Assistant Secretary determines not to approve an application submitted under subsection (a) the Assistant Secretary shall—
(1) state objections in writing to the tribal organization within 60 days after such decision;
(2) provide to the extent practicable technical assistance to the tribal organization to overcome such stated objections; and
(3) provide the tribal organization with a hearing, under such rules and regulations as the Assistant Secretary may prescribe.
(e) Funds per year Whenever the Assistant Secretary approves an application of a tribal organization under this part, funds shall be awarded for not less than 12 months.
(Pub. L. 8973, title VI, § 614, as added Pub. L. 100175, title I, § 171, Nov. 29, 1987, 101 Stat. 960; amended Pub. L. 102375, title I, § 102(b)(4), title VI, § 601, title IX, § 904(a)(23), Sept. 30, 1992, 106 Stat. 1201, 1269, 1309; Pub. L. 103171, §§ 2(21), 3(a)(13), Dec. 2, 1993, 107 Stat. 1989, 1990; Pub. L. 106501, title VI, § 602, title VIII, § 801(d), Nov. 13, 2000, 114 Stat. 2287, 2292; Pub. L. 116131, title VII, § 701(11), Mar. 25, 2020, 134 Stat. 271.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 3057e, Pub. L. 8973, title VI, § 606, as added Pub. L. 95478, title I, § 106, Oct. 18, 1978, 92 Stat. 1551; amended Pub. L. 97115, § 3(d), Dec. 29, 1981, 95 Stat. 1597, related to surplus educational facilities, prior to the general amendment of this subchapter by Pub. L. 100175. See section 3057f of this title.
Amendments2020—Subsec. (c)(4). Pub. L. 116131 substituted “(a)(11)” for “(a)(12)”. 2000—Subsec. (a)(9) to (12). Pub. L. 106501, § 801(d), redesignated pars. (10) to (12) as (9) to (11), respectively, and struck out former par. (9) which read as follows: “contain assurances that the provisions of sections 3027(a)(14)(A)(i) and (iii), 3027(a)(14)(B), and 3027(a)(14)(C) of this title will be complied with whenever the application contains provisions for the acquisition, alteration, or renovation of facilities to serve as multipurpose senior centers;”. Subsec. (b). Pub. L. 106501, § 602(1), substituted “approval” for “certification”. Subsec. (c). Pub. L. 106501, § 602(2), designated existing provisions as par. (1) and added pars. (2) to (4). 1993—Subsec. (a). Pub. L. 103171, § 3(a)(13), substituted “Assistant Secretary” for “Commissioner” wherever appearing in introductory provisions and in par. (3). Subsec. (c). Pub. L. 103171, § 2(21), substituted “Assistant Secretary” for “Commission”. Subsec. (d). Pub. L. 103171, §§ 2(21), 3(a)(13), in introductory provisions, substituted “Assistant Secretary determines” for “Commissioner determines” and “Assistant Secretary shall” for “Commission shall” and, in par. (3), substituted “Assistant Secretary” for “Commissioner”. Subsec. (e). Pub. L. 103171, § 3(a)(13), substituted “Assistant Secretary” for “Commissioner”. 1992—Subsec. (a)(1). Pub. L. 102375, § 904(a)(23)(C), inserted “individuals who are” after “older”. Subsec. (a)(6). Pub. L. 102375, §§ 102(b)(4), 904(a)(23)(C), substituted “information and assistance” for “information and referral” and inserted “individuals who are” after “older”. Subsec. (a)(7). Pub. L. 102375, § 904(a)(23)(A), substituted “older individuals who are Indians” for “Indians aged 60 and older”. Subsec. (a)(8). Pub. L. 102375, § 904(a)(23)(B), (C), inserted “individuals who are” after “older” in two places and substituted “paragraph” for “clause”. Subsec. (a)(10). Pub. L. 102375, § 904(a)(23)(C), inserted “individuals who are” after “older”. Subsec. (a)(12). Pub. L. 102375, § 601, added par. (12).
Statutory Notes and Related Subsidiaries
Effective Date of 1992 AmendmentAmendment by section 601 of Pub. L. 102375 inapplicable to fiscal year 1992, see section 905(b)(5) of Pub. L. 102375, set out as a note under section 3001 of this title.
Effective DateSection 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. 100175, set out as an Effective Date of 1987 Amendment note under section 3001 of this title.
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# 42 U.S.C. § 3057f - Surplus educational facilities
## Text
(a) Multipurpose senior centers Notwithstanding any other provision of law, the Secretary of the Interior through the Bureau of Indian Affairs shall make available surplus Indian educational facilities to tribal organizations, and nonprofit organizations with tribal approval, for use as multipurpose senior centers. Such centers may be altered so as to provide extended care facilities, community center facilities, nutrition services, child care services, and other supportive services.
(b) Applications; submission; contents Each eligible tribal organization desiring to take advantage of such surplus facilities shall submit an application to the Secretary of the Interior at such time and in such manner, and containing or accompanied by such information, as the Secretary of the Interior determines to be necessary to carry out the provisions of this section.
(Pub. L. 8973, title VI, § 615, as added Pub. L. 100175, title I, § 171, Nov. 29, 1987, 101 Stat. 961.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 3057f, Pub. L. 8973, title VI, § 607, as added Pub. L. 95478, title I, § 106, Oct. 18, 1978, 92 Stat. 1551, related to payments, prior to the general amendment of this subchapter by Pub. L. 100175. See section 3057m of this title.
Statutory Notes and Related Subsidiaries
Effective DateSection 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. 100175, set out as an Effective Date of 1987 Amendment note under section 3001 of this title.
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# 42 U.S.C. § 3057g - Findings
## Text
The Congress finds the older Native Hawaiians—
(1) have a life expectancy 10 years less than any other ethnic group in the State of Hawaii;
(2) rank lowest on 9 of 11 standard health indicies 11 So in original. Probably should be “indices”. for all ethnic groups in Hawaii;
(3) are often unaware of social services and do not know how to go about seeking such assistance; and
(4) live in poverty at a rate of 34 percent.
(Pub. L. 8973, title VI, § 621, as added Pub. L. 100175, title I, § 171, Nov. 29, 1987, 101 Stat. 961.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 3057g, Pub. L. 8973, title VI, § 608, as added Pub. L. 95478, title I, § 106, Oct. 18, 1978, 92 Stat. 1551; amended Pub. L. 97115, § 13(d), Dec. 29, 1981, 95 Stat. 1608; Pub. L. 98459, title VI, § 603, Oct. 9, 1984, 98 Stat. 1788, authorized appropriations for grants for Indian tribes, prior to the general amendment of this subchapter by Pub. L. 100175. See section 3057n of this title.
Statutory Notes and Related Subsidiaries
Effective DateSection 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. 100175, set out as an Effective Date of 1987 Amendment note under section 3001 of this title.
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# 42 U.S.C. § 3057h - Eligibility
## Text
A public or nonprofit private organization having the capacity to provide services under this part for Native Hawaiians is eligible for assistance under this part only if—
(1) the organization will serve at least 50 individuals who have attained 60 years of age or older; and
(2) the organization demonstrates the ability to deliver supportive services, including nutrition services.
(Pub. L. 8973, title VI, § 622, as added Pub. L. 100175, title I, § 171, Nov. 29, 1987, 101 Stat. 961.)
## Notes
Statutory Notes and Related Subsidiaries
Effective DateSection 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. 100175, set out as an Effective Date of 1987 Amendment note under section 3001 of this title.
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# 42 U.S.C. § 3057i - Grants authorized
## Text
The Assistant Secretary may make grants to public and nonprofit private organizations to pay all of the costs for the delivery of supportive services and nutrition services to older Native Hawaiians.
(Pub. L. 8973, title VI, § 623, as added Pub. L. 100175, title I, § 171, Nov. 29, 1987, 101 Stat. 962; amended Pub. L. 103171, § 3(a)(13), Dec. 2, 1993, 107 Stat. 1990.)
## Notes
Editorial Notes
Amendments1993—Pub. L. 103171 substituted “Assistant Secretary” for “Commissioner”.
Statutory Notes and Related Subsidiaries
Effective DateSection 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. 100175, set out as an Effective Date of 1987 Amendment note under section 3001 of this title.
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# 42 U.S.C. § 3057j1 - Distribution of funds among organizations
## Text
Subject to the availability of appropriations to carry out this part, the amount of the grant (if any) made under this part to an organization for fiscal year 1992 and for each subsequent fiscal year shall be not less than the amount of the grant made under this part to the organization for fiscal year 1991.
(Pub. L. 8973, title VI, § 624A, as added Pub. L. 102375, title VI, § 604, Sept. 30, 1992, 106 Stat. 1270.)

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