Title 42 — The Public Health and Welfare
Chapter 35 — Programs for Older Americans
§ 3011. Establishment of Administration on Aging
Statutory text
Function and operation
There is established in the Office of the Secretary an Administration on Aging which shall be headed by an Assistant Secretary for Aging. Except for subchapter IX, the Administration shall be the agency for carrying out this chapter. There shall be a direct reporting relationship between the Assistant Secretary and the Secretary. In the performance of the functions of the Assistant Secretary, the Assistant Secretary shall be directly responsible to the Secretary. The Secretary shall not approve or require any delegation of the functions of the Assistant Secretary (including the functions of the Assistant Secretary carried out through regional offices) to any other officer not directly responsible to the Assistant Secretary.
Appointment of Assistant Secretary
The Assistant Secretary shall be appointed by the President by and with the advice and consent of the Senate.
Office for American Indian, Alaskan Native, and Native Hawaiian Programs; Director
There is established in the Administration an Office for American Indian, Alaskan Native, and Native Hawaiian Programs.
The Office shall be headed by a Director of the Office for American Indian, Alaskan Native, and Native Hawaiian Aging appointed by the Assistant Secretary.
The Director of the Office for American Indian, Alaskan Native, and Native Hawaiian Aging shall—
evaluate the adequacy of outreach under subchapter III and subchapter X for older individuals who are Native Americans and recommend to the Assistant Secretary necessary action to improve service delivery, outreach, coordination between subchapter III and subchapter X services, and particular problems faced by older Indians and Native Hawaiians; and
include a description of the results of such evaluation and recommendations in the annual report required by section 3018(a) of this title to be submitted by the Assistant Secretary;
serve as the effective and visible advocate in behalf of older individuals who are Native Americans within the Department of Health and Human Services and with other departments and agencies of the Federal Government regarding all Federal policies affecting such individuals, with particular attention to services provided to Native Americans by the Indian Health Service;
coordinate activities between other Federal departments and agencies to assure a continuum of improved services through memoranda of agreements or through other appropriate means of coordination;
administer and evaluate the grants provided under this chapter to Indian tribes, public agencies and nonprofit private organizations serving Native Hawaiians;
recommend to the Assistant Secretary policies and priorities with respect to the development and operation of programs and activities conducted under this chapter relating to older individuals who are Native Americans;
collect and disseminate information related to problems experienced by older Native Americans, including information (compiled with assistance from public or nonprofit private entities, including institutions of higher education, with experience in assessing the characteristics and health status of older individuals who are Native Americans) on elder abuse, in-home care, health problems, and other problems unique to Native Americans;
develop research plans, and conduct and arrange for research, in the field of American Native aging with a special emphasis on the gathering of statistics on the status of older individuals who are Native Americans;
develop and provide technical assistance and training programs to grantees under subchapter X;
promote coordination—
between the administration of subchapter III and the administration of subchapter X; and
between programs established under subchapter III by the Assistant Secretary and programs established under subchapter X by the Assistant Secretary;
including sharing among grantees information on programs funded, and on training and technical assistance provided, under such subchapters; and
serve as the effective and visible advocate on behalf of older individuals who are Indians, Alaskan Natives, and Native Hawaiians, in the States to promote the enhanced delivery of services and implementation of programs, under this chapter and other Federal Acts, for the benefit of such individuals.
Office of Long-Term Care Ombudsman Programs
There is established in the Administration the Office of Long-Term Care Ombudsman Programs (in this subsection referred to as the “Office”).
The Office shall be headed by a Director of the Office of Long-Term Care Ombudsman Programs (in this subsection referred to as the “Director”) who shall be appointed by the Assistant Secretary from among individuals who have expertise and background in the fields of long-term care advocacy and management. The Director shall report directly to the Assistant Secretary.
No individual shall be appointed Director if—
the individual has been employed within the previous 2 years by—
a long-term care facility;
a corporation that then owned or operated a long-term care facility; or
an association of long-term care facilities;
the individual—
has an ownership or investment interest (represented by equity, debt, or other financial relationship) in a long-term care facility or long-term care service; or
receives, or has the right to receive, directly or indirectly remuneration (in cash or in kind) under a compensation arrangement with an owner or operator of a long-term care facility; or
the individual, or any member of the immediate family of the individual, is subject to a conflict of interest.
The Director shall—
serve as an effective and visible advocate on behalf of older individuals who reside in long-term care facilities, within the Department of Health and Human Services and with other departments, agencies, and instrumentalities of the Federal Government regarding all Federal policies affecting such individuals;
review and make recommendations to the Assistant Secretary regarding—
the approval of the provisions in State plans submitted under section 3027(a) of this title that relate to State Long-Term Care Ombudsman programs; and
the adequacy of State budgets and policies relating to the programs;
after consultation with State Long-Term Care Ombudsmen and the State agencies, make recommendations to the Assistant Secretary regarding—
policies designed to assist State Long-Term Care Ombudsmen; and
methods to periodically monitor and evaluate the operation of State Long-Term Care Ombudsman programs, to ensure that the programs satisfy the requirements of section 3027(a)(9) of this title and section 3058g of this title, including provision of service to residents of board and care facilities and of similar adult care facilities;
keep the Assistant Secretary and the Secretary fully and currently informed about—
problems relating to State Long-Term Care Ombudsman programs; and
the necessity for, and the progress toward, solving the problems;
review, and make recommendations to the Secretary and the Assistant Secretary regarding, existing and proposed Federal legislation, regulations, and policies regarding the operation of State Long-Term Care Ombudsman programs;
make recommendations to the Assistant Secretary and the Secretary regarding the policies of the Administration, and coordinate the activities of the Administration with the activities of other Federal entities, State and local entities, and nongovernmental entities, relating to State Long-Term Care Ombudsman programs;
supervise the activities carried out under the authority of the Administration that relate to State Long-Term Care Ombudsman programs;
administer the National Ombudsman Resource Center established under section 3012(a)(18) of this title and make recommendations to the Assistant Secretary regarding the operation of the National Ombudsman Resource Center;
advocate, monitor, and coordinate Federal and State activities of Long-Term Care Ombudsmen under this chapter;
submit to the Speaker of the House of Representatives and the President pro tempore of the Senate an annual report on the effectiveness of services provided under section 3027(a)(9) of this title and section 3058g of this title;
have authority to investigate the operation or violation of any Federal law administered by the Department of Health and Human Services that may adversely affect the health, safety, welfare, or rights of older individuals;
not later than 180 days after , establish standards applicable to the training required by section 3058g(h)(5) of this title; and
collect and analyze best practices related to responding to elder abuse, neglect, and exploitation in long-term care facilities, and publish a report of such best practices.
Elder abuse prevention and services
The Assistant Secretary is authorized to designate within the Administration a person to have responsibility for elder abuse prevention and services.
It shall be the duty of the Assistant Secretary, acting through the person designated to have responsibility for elder abuse prevention and services, and in coordination with the heads of State adult protective services programs and the Director of the Office of Long-Term Care Ombudsman Programs—
to develop objectives, priorities, policy, and a long-term plan for—
facilitating the development, implementation, and continuous improvement of a coordinated, multidisciplinary elder justice system in the United States;
providing Federal leadership to support State efforts in carrying out elder justice programs and activities relating to—
elder abuse prevention, detection, treatment, intervention, and response;
training of individuals regarding the matters described in subclause (I); and
the development of a State comprehensive elder justice system, as defined in section 3058aa–1(b) of this title;
establishing Federal guidelines and disseminating best practices for uniform data collection and reporting by States;
working with States, the Department of Justice, and other Federal entities to annually collect, maintain, and disseminate data relating to elder abuse, neglect, and exploitation, to the extent practicable;
establishing an information clearinghouse to collect, maintain, and disseminate information concerning best practices and resources for training, technical assistance, and other activities to assist States and communities to carry out evidence-based programs to prevent and address elder abuse, neglect, and exploitation;
conducting research related to elder abuse, neglect, and exploitation;
providing technical assistance to States and other eligible entities that provide or fund the provision of the services described in subchapter XI;
carrying out a study to determine the national incidence and prevalence of elder abuse, neglect, and exploitation in all settings; and
promoting collaborative efforts and diminishing duplicative efforts in the development and carrying out of elder justice programs at the Federal, State and local levels; and
to assist States and other eligible entities under subchapter XI to develop strategic plans to better coordinate elder justice activities, research, and training.
The Secretary, acting through the Assistant Secretary, may issue such regulations as may be necessary to carry out this subsection and section 3058aa–1 of this title.
Mental health services
The Assistant Secretary may designate an officer or employee who shall be responsible for the administration of mental and behavioral health services authorized under this chapter.
It shall be the duty of the Assistant Secretary, acting through the individual designated under paragraph (1), to develop objectives, priorities, and a long-term plan for supporting State and local efforts involving education about and prevention, detection, and treatment of mental disorders, including age-related dementia, depression, and Alzheimer’s disease and related neurological disorders with neurological and organic brain dysfunction.
Research, Demonstration, and Evaluation Center for the Aging Network
The Assistant Secretary shall, as appropriate, coordinate the research and evaluation functions of this chapter under a Research, Demonstration, and Evaluation Center for the Aging Network (in this subsection referred to as the “Center”), which shall be headed by a director designated by the Assistant Secretary from individuals described in paragraph (4).
The purpose of the Center shall be—
to coordinate, as appropriate, research, research dissemination, evaluation, demonstration projects, and related activities carried out under this chapter;
to provide assessment of the programs and interventions authorized under this chapter; and
to increase the repository of information on evidence-based programs and interventions available to the aging network, which information shall be applicable to existing programs and interventions and help in the development of new evidence-based programs and interventions.
Activities of the Center shall include, as appropriate, conducting, promoting, coordinating, and providing support for—
research and evaluation activities that support the objectives of this chapter, including—
evaluation of new and existing programs and interventions authorized by this chapter; and
research on and assessment of the relationship between programs and interventions under this chapter and the health outcomes, social determinants of health, quality of life, and independence of individuals served under this chapter;
demonstration projects that support the objectives of this chapter, including activities to bring effective demonstration projects to scale with a prioritization of projects that address the needs of underserved populations, and promote partnerships among aging services, community-based organizations, and Medicare and Medicaid providers, plans, and health (including public health) systems;
outreach and dissemination of research findings; and
technical assistance related to the activities described in this paragraph.
The director shall be an individual with substantial knowledge of and experience in aging and health policy, and research administration.
Not later than , and at 5-year intervals thereafter, the director shall prepare and publish in the Federal Register for public comment a draft of a 5-year plan that—
outlines priorities for research, research dissemination, evaluation, demonstration projects, and related activities;
explains the basis for such priorities; and
describes how the plan will meet the needs of underserved populations.
The director shall coordinate, as appropriate, research, research dissemination, evaluation, and demonstration projects, and related activities with appropriate agency program staff, and, as appropriate, with other Federal departments and agencies involved in research in the field of aging.
Not later than , and annually thereafter, the director shall prepare, and submit to the Secretary, the Committee on Health, Education, Labor, and Pensions of the Senate, the Special Committee on Aging of the Senate, and the Committee on Education and Labor of the House of Representatives, a report on the activities funded under this section and subchapter IV.
The director shall, as appropriate, consult with experts on aging research and evaluation and aging network stakeholders on the implementation of the activities described under paragraph (3) of this subsection.
The director shall coordinate, as appropriate, all research and evaluation authorities under this chapter.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Older Americans Act of 1965
Pub. L. 89–73 title II § 201 · 79 Stat. 218
Enacted · 42 U.S.C. § 3011
Pub. L. 89–73, title II, § 201, July 14, 1965, 79 Stat. 220
Source evidence
Code source credit
Pub. L. 89–73, title II, § 201, July 14, 1965, 79 Stat. 220Enacted provision · exact public law section
Sec. 201. establishment of administration (a) There is hereby established within the Department of Health, Education, and Welfare an Administration to be known as the Administration on Aging (hereinafter referred to as the “Administration”) . (b) The Administration shall be under the direction of a Commissioner on Aging to be appointed by the President by and with the advice and consent of the Senate.Older Americans Comprehensive Services Amendments of 1973
Pub. L. 93–29 title II § 201(a) · 87 Stat. 30
Added · 42 U.S.C. § 3011(a)
Pub. L. 93–29 added subsec. (a). Former provision established the Administration on Aging in the Department of Health, Education, and Welfare
Source evidence
Code amendment note
Subsec. (a). Pub. L. 93–29 added subsec. (a). Former provision established the Administration on Aging in the Department of Health, Education, and Welfare.Enacted provision · exact public law section
(a) Section 201 of the Older Americans Act of 1965 is amended to read as follows: “Sec. 201. “establishment of administration on aging (a) There is established in the Office of the Secretary an Administration on Aging (hereinafter in this Act referred to as the ‘Administration’) which shall be headed by a Commissioner on Aging (hereinafter in this Act referred to as the ‘Commissioner’). Except for title VI and as otherwise specifically provided by the Older Americans Comprehensive Services Amendments of 1973, the Administration shall be the principal agency for carrying out this Act. In the performance of his functions, the Commissioner shall be directly responsible to the Office of the. Secretary. The Secretary shall not approve any delegation of the functions of the Commissioner to any other officer not directly responsible to the Commissioner unless the Secretary shall first submit a plan for such delegation to the. Congress. Such delegation is effective at the end of the first period of sixty calen-dar days of continuous session of Congress after the date on which the plan for such delegation is transmitted to it: Provided, however, That within thirty days of such transmittal, the Secretary shall consult with the Committee on Labor and Public Welfare of the Senate and the Committee on Education and Labor of the House of Representatives respecting such proposed delegation. For the purpose of this section, continuity of session is broken only by an adjournment of Congress sine die, and the days on which either House, is not. in session because of an adjournment of more than three days to a day certain are excluded in the computation of the thirty-day and sixty-day periods. Under provisions contained in a reorganization plan, a provision of the plan may be effective. “(b) The Commissioner shall be appointed by the President by Presidential appointment. Functions. 79 Stat. 220. 42 USC 3012. and with the advice and consent of the Senate.”Older Americans Comprehensive Services Amendments of 1973
Pub. L. 93–29 title II § 201(a) · 87 Stat. 30
Struck · 42 U.S.C. § 3011(b)
Pub. L. 93–29 struck out provision respecting the direction of the Administration by a Commissioner on Aging, now incorporated in subsec. (a) of this section
Source evidence
Code amendment note
Subsec. (b). Pub. L. 93–29 struck out provision respecting the direction of the Administration by a Commissioner on Aging, now incorporated in subsec. (a) of this section.Enacted provision · exact public law section
(a) Section 201 of the Older Americans Act of 1965 is amended to read as follows: “Sec. 201. “establishment of administration on aging (a) There is established in the Office of the Secretary an Administration on Aging (hereinafter in this Act referred to as the ‘Administration’) which shall be headed by a Commissioner on Aging (hereinafter in this Act referred to as the ‘Commissioner’). Except for title VI and as otherwise specifically provided by the Older Americans Comprehensive Services Amendments of 1973, the Administration shall be the principal agency for carrying out this Act. In the performance of his functions, the Commissioner shall be directly responsible to the Office of the. Secretary. The Secretary shall not approve any delegation of the functions of the Commissioner to any other officer not directly responsible to the Commissioner unless the Secretary shall first submit a plan for such delegation to the. Congress. Such delegation is effective at the end of the first period of sixty calen-dar days of continuous session of Congress after the date on which the plan for such delegation is transmitted to it: Provided, however, That within thirty days of such transmittal, the Secretary shall consult with the Committee on Labor and Public Welfare of the Senate and the Committee on Education and Labor of the House of Representatives respecting such proposed delegation. For the purpose of this section, continuity of session is broken only by an adjournment of Congress sine die, and the days on which either House, is not. in session because of an adjournment of more than three days to a day certain are excluded in the computation of the thirty-day and sixty-day periods. Under provisions contained in a reorganization plan, a provision of the plan may be effective. “(b) The Commissioner shall be appointed by the President by Presidential appointment. Functions. 79 Stat. 220. 42 USC 3012. and with the advice and consent of the Senate.”Pub. L. 93–351 § 2(a) · 88 Stat. 357
Struck · 42 U.S.C. § 3011(a)
Pub. L. 93–351 struck out provisions which had authorized the Secretary of Health, Education, and Welfare, under certain conditions, to approve a delegation of the functions of the Commissioner on Aging to officers not directly responsible to the Commissioner
Source evidence
Code amendment note
Subsec. (a). Pub. L. 93–351 struck out provisions which had authorized the Secretary of Health, Education, and Welfare, under certain conditions, to approve a delegation of the functions of the Commissioner on Aging to officers not directly responsible to the Commissioner.Enacted provision · exact public law section
(a) Section 201(a) of the Older Americans Act (42 U.S.C. 3011) is amended by striking out everything in such section that follows the word “Commissioner” the second time it appears in the fourth sentence of such section and inserting in lieu thereof a period.Comprehensive Older Americans Act Amendments of 1978
Pub. L. 95–478 title V § 503(b)(1) · 92 Stat. 1513
Substituted · 42 U.S.C. § 3011(a)
Pub. L. 95–478 substituted “subchapter IX” for “subchapter VI and as otherwise specifically provided by the Older Americans Comprehensive Services Amendments of 1973”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 95–478 substituted “subchapter IX” for “subchapter VI and as otherwise specifically provided by the Older Americans Comprehensive Services Amendments of 1973”.Enacted provision · exact public law section
(1) Section 201 (a) is amended by striking out “VI and as otherwise 42 USC 3011. specifically provided by the Older Americans Comprehensive Services Amendments of 1973” and inserting in lieu thereof “V”.Older Americans Act Amendments of 1984
Pub. L. 98–459 § 201(1) · 98 Stat. 1767
Substituted · 42 U.S.C. § 3011(a)
Pub. L. 98–459, § 201(1), (3), (4), substituted “the agency” for “the principal agency”
Inserted · 42 U.S.C. § 3011(a)
Pub. L. 98–459, § 201(1), (3), (4), inserted provision requiring establishment of a direct reporting relationship between Commissioner and Office of the Secretary
Substituted · 42 U.S.C. § 3011(a)
Pub. L. 98–459, § 201(1), (3), (4), substituted “approve or require” for “approve”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 98–459, § 201(1), (3), (4), substituted “the agency” for “the principal agency”, inserted provision requiring establishment of a direct reporting relationship between Commissioner and Office of the Secretary, and substituted “approve or require” for “approve”.Enacted provision · exact public law section
(1) by striking out “principal” in the second sentence,Older Americans Act Amendments of 1984
Pub. L. 98–459 § 201(2) · 98 Stat. 1767
Substituted · 42 U.S.C. § 3011(a)
Pub. L. 98–459, § 201(2), which directed that “the functions of the Administration” be substituted for “his functions” in second sentence could not be executed because “his functions” appeared only in third sentence
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 98–459, § 201(2), which directed that “the functions of the Administration” be substituted for “his functions” in second sentence could not be executed because “his functions” appeared only in third sentence.Enacted provision · exact public law section
(2) by striking out “his functions” in the second sentence and inserting in lieu thereof “the functions of the Administration”,Older Americans Act Amendments of 1987
Pub. L. 100–175 § 182(c) · 101 Stat. 926
Substituted · 42 U.S.C. § 3011(a)
Pub. L. 100–175, § 182(c), substituted “the functions of the Commissioner” for “his functions”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 100–175, § 182(c), substituted “the functions of the Commissioner” for “his functions”.Enacted provision · exact public law section
(c) Section 201(a) of the Older Americans Act of 1965 (42 U.S.C. 3011(a)) is amended by striking “his functions” and inserting “the functions of the Commissioner”.Effective date note
Amendment by Pub. L. 100–175 effective Oct. 1, 1987, except not applicable with respect to any area plan submitted under section 3026(a) of this title or any State plan submitted under section 3027(a) of this title and approved for any fiscal year beginning before Nov. 29, 1987, see section 701(a), (b) of Pub. L. 100–175, set out as a note under section 3001 of this title.Older Americans Act Amendments of 1987
Pub. L. 100–175 § 102 · 101 Stat. 926
Substituted · 42 U.S.C. § 3011(a)
Pub. L. 100–175, § 102, substituted “between the Commissioner and the Secretary” for “between the Commissioner and the Office of the Secretary”
Substituted · 42 U.S.C. § 3011(a)
Pub. L. 100–175, § 102, substituted “responsible to the Secretary” for “responsible to the Office of the Secretary”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 100–175, § 102, substituted “between the Commissioner and the Secretary” for “between the Commissioner and the Office of the Secretary” and “responsible to the Secretary” for “responsible to the Office of the Secretary”.Enacted provision · exact public law section
SEC. 102. ESTABLISHMENT OF ADMINISTRATION ON AGING. Section 201(a) of the Older Americans Act of 1965 (42 U.S.C. 3011(a)) is amended in the third and fourth sentences by striking “the Office of”.Effective date note
Amendment by Pub. L. 100–175 effective Oct. 1, 1987, except not applicable with respect to any area plan submitted under section 3026(a) of this title or any State plan submitted under section 3027(a) of this title and approved for any fiscal year beginning before Nov. 29, 1987, see section 701(a), (b) of Pub. L. 100–175, set out as a note under section 3001 of this title.Older Americans Act Amendments of 1987
Pub. L. 100–175 § 107(a) · 101 Stat. 926
Added · 42 U.S.C. § 3011(c)
Pub. L. 100–175, § 107(a), added subsec. (c)
Source evidence
Code amendment note
Subsec. (c). Pub. L. 100–175, § 107(a), added subsec. (c).Enacted provision · exact public law section
(a) Improved Administration for Native American Programs.— Section 201 of the Older Americans Act of 1965 (42 U.S.C. 3011) is amended by adding at the end the following: “(c) (1) There is established in the Administration on Aging an Office for American Indian, Alaskan Native, and Native Hawaiian Programs. “(2) The Office shall be headed by an Associate Commissioner on American Indian, Alaskan Native, and Native Hawaiian Aging appointed by the Commissioner. “(3) The Associate Commissioner on American Indian, Alaskan Native, and Native Hawaiian Aging shall— “(A) (i) evaluate the adequacy of outreach under title III and title VI for older Native Americans and recommend to the Commissioner necessary action to improve service delivery, outreach, coordination between title III and title VI services, and particular problems faced by older Indians and Native Hawaiians; and “(ii) include a description of the results of such evaluation and Reports. recommendations in the annual report required by section 207(a) to be submitted by the Commissioner; “(B) serve as the effective and visible advocate in behalf of older Native Americans within the Department of Health and Human Services and with other departments and agencies of the Federal Government regarding all Federal policies affecting older Native Americans; “(C) coordinate activities between other Federal departments and agencies to assure a continuum of improved services through memoranda of agreements or through other appropriate means of coordination; “(D) administer and evaluate the grants provided under this Grants. Act to Indian tribes, public agencies and nonprofit private organizations serving Native Hawaiians; “(E) recommend to the Commissioner policies and priorities with respect to the development and operation of programs and activities conducted under the Act relating to older Native Americans; “(F) collect and disseminate information related to problems experienced by older Native Americans; “(G) develop research plans, and conduct and arrange for research, in the field of American Native aging with a special emphasis on the gathering of statistics on the status of older Native Americans; and “(H) develop and provide technical assistance and training programs to grantees under title VI.”.Effective date note
Amendment by Pub. L. 100–175 effective Oct. 1, 1987, except not applicable with respect to any area plan submitted under section 3026(a) of this title or any State plan submitted under section 3027(a) of this title and approved for any fiscal year beginning before Nov. 29, 1987, see section 701(a), (b) of Pub. L. 100–175, set out as a note under section 3001 of this title.Older Americans Act Amendments of 1992
Pub. L. 102–375 title I § 102(b)(1)(A) · 106 Stat. 1195
Struck and inserted · 42 U.S.C. § 3011(a)
Pub. L. 102–375, §§ 102(b)(2), 201(a), struck out “(hereinafter in this chapter referred to as the ‘Administration’)” after “Administration on Aging” and “(hereinafter in this chapter referred to as the ‘Commissioner’)” after “Commissioner on Aging” and inserted “(including the functions of the Commissioner carried out through regional offices)” after “functions of the Commissioner”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 102–375, §§ 102(b)(2), 201(a), struck out “(hereinafter in this chapter referred to as the ‘Administration’)” after “Administration on Aging” and “(hereinafter in this chapter referred to as the ‘Commissioner’)” after “Commissioner on Aging” and inserted “(including the functions of the Commissioner carried out through regional offices)” after “functions of the Commissioner”.Enacted provision · exact public law section
(A) Sections 102(2), 201(c)(1), 211, 301(b)(1), 402(a), and 411(b) of the Older Americans Act of 1965 (42 U.S.C. 3002(2), 3011(c)(1), 3020b, 3021(b)(1), 3030bb(a), and 3031(b)) are amended by striking “Administration on Aging” and inserting “Administration”.Older Americans Act Amendments of 1992
Pub. L. 102–375 § 102(b)(1)(A) · 106 Stat. 1195
Substituted · 42 U.S.C. § 3011(c)(1)
Pub. L. 102–375, § 102(b)(1)(A), substituted “Administration” for “Administration on Aging”
Source evidence
Code amendment note
Subsec. (c)(1). Pub. L. 102–375, § 102(b)(1)(A), substituted “Administration” for “Administration on Aging”.Enacted provision · exact public law section
(A) Sections 102(2), 201(c)(1), 211, 301(b)(1), 402(a), and 411(b) of the Older Americans Act of 1965 (42 U.S.C. 3002(2), 3011(c)(1), 3020b, 3021(b)(1), 3030bb(a), and 3031(b)) are amended by striking “Administration on Aging” and inserting “Administration”.Older Americans Act Amendments of 1992
Pub. L. 102–375 § 904(a)(3)(A) · 106 Stat. 1195
Inserted · 42 U.S.C. § 3011(c)(3)(A)(i)
Pub. L. 102–375, § 904(a)(3)(A), inserted “individuals who are” before “Native Americans”
Source evidence
Code amendment note
Subsec. (c)(3)(A)(i). Pub. L. 102–375, § 904(a)(3)(A), inserted “individuals who are” before “Native Americans”.Enacted provision · exact public law section
(A) in subparagraphs (A)(i), (B), (E), and (G) by inserting “individuals who are” after “older” the first place it appears in each of such subparagraphs;Older Americans Act Amendments of 1992
Pub. L. 102–375 title I § 102(b)(1)(A) · 106 Stat. 1195
Inserted · 42 U.S.C. § 3011(c)(3)(B)
Pub. L. 102–375, §§ 201(b)(1), 904(a)(3)(A), (B), inserted “individuals who are” before “Native Americans within”
Substituted · 42 U.S.C. § 3011(c)(3)(B)
Pub. L. 102–375, §§ 201(b)(1), 904(a)(3)(A), (B), substituted “affecting such individuals, with particular attention to services provided to Native Americans by the Indian Health Service” for “affecting older Native Americans”
Source evidence
Code amendment note
Subsec. (c)(3)(B). Pub. L. 102–375, §§ 201(b)(1), 904(a)(3)(A), (B), inserted “individuals who are” before “Native Americans within” and substituted “affecting such individuals, with particular attention to services provided to Native Americans by the Indian Health Service” for “affecting older Native Americans”.Enacted provision · exact public law section
(A) Sections 102(2), 201(c)(1), 211, 301(b)(1), 402(a), and 411(b) of the Older Americans Act of 1965 (42 U.S.C. 3002(2), 3011(c)(1), 3020b, 3021(b)(1), 3030bb(a), and 3031(b)) are amended by striking “Administration on Aging” and inserting “Administration”.Older Americans Act Amendments of 1992
Pub. L. 102–375 § 904(a)(3)(A) · 106 Stat. 1195
Substituted · 42 U.S.C. § 3011(c)(3)(E)
Pub. L. 102–375, § 904(a)(3)(A), (C), substituted “this chapter” for “the chapter”
Inserted · 42 U.S.C. § 3011(c)(3)(E)
Pub. L. 102–375, § 904(a)(3)(A), (C), inserted “individuals who are” after “older”
Source evidence
Code amendment note
Subsec. (c)(3)(E). Pub. L. 102–375, § 904(a)(3)(A), (C), substituted “this chapter” for “the chapter” and inserted “individuals who are” after “older”.Enacted provision · exact public law section
(A) in subparagraphs (A)(i), (B), (E), and (G) by inserting “individuals who are” after “older” the first place it appears in each of such subparagraphs;Older Americans Act Amendments of 1992
Pub. L. 102–375 § 201(b)(2) · 106 Stat. 1195
Inserted · 42 U.S.C. § 3011(c)(3)(F)
Pub. L. 102–375, § 201(b)(2), inserted before semicolon “, including information (compiled with assistance from public or nonprofit private entities, including institutions of higher education, with experience in assessing the characteristics and health status of older individuals who are Native Americans) on elder abuse, in-home care, health problems, and other problems unique to Native Americans”
Source evidence
Code amendment note
Subsec. (c)(3)(F). Pub. L. 102–375, § 201(b)(2), inserted before semicolon “, including information (compiled with assistance from public or nonprofit private entities, including institutions of higher education, with experience in assessing the characteristics and health status of older individuals who are Native Americans) on elder abuse, in-home care, health problems, and other problems unique to Native Americans”.Enacted provision · exact public law section
(2) in subparagraph (F) by inserting “, including information (compiled with assistance from public or nonprofit private entities, including institutions of higher education, with experience in assessing the characteristics and health status of older individuals who are Native Americans) on elder abuse, in-home care, health problems, and other problems unique to Native Americans” after “Native Americans”;Older Americans Act Amendments of 1992
Pub. L. 102–375 § 904(a)(3)(A) · 106 Stat. 1195
Inserted · 42 U.S.C. § 3011(c)(3)(G)
Pub. L. 102–375, § 904(a)(3)(A), inserted “individuals who are” before “Native Americans”
Source evidence
Code amendment note
Subsec. (c)(3)(G). Pub. L. 102–375, § 904(a)(3)(A), inserted “individuals who are” before “Native Americans”.Enacted provision · exact public law section
(A) in subparagraphs (A)(i), (B), (E), and (G) by inserting “individuals who are” after “older” the first place it appears in each of such subparagraphs;Older Americans Act Amendments of 1992
Pub. L. 102–375 § 201(b)(3) · 106 Stat. 1195
Added · 42 U.S.C. § 3011(c)(3)(I); 42 U.S.C. § 3011(c)(3)(J)
Pub. L. 102–375, § 201(b)(3)–(5), added subpars. (I) and (J)
Source evidence
Code amendment note
Subsec. (c)(3)(I), (J). Pub. L. 102–375, § 201(b)(3)–(5), added subpars. (I) and (J).Enacted provision · exact public law section
(3) in subparagraph (G) by striking “and” at the end;Older Americans Act Amendments of 1992
Pub. L. 102–375 § 201(c) · 106 Stat. 1195
Added · 42 U.S.C. § 3011(d)
Pub. L. 102–375, § 201(c), added subsec. (d)
Source evidence
Code amendment note
Subsec. (d). Pub. L. 102–375, § 201(c), added subsec. (d).Enacted provision · exact public law section
(c) Office of Long-Term Care Ombudsman Programs.— Section 201 of the Older Americans Act of 1965 (42 U.S.C. 3011) is amended by adding at the end the following: “(d) (1) There is established in the Administration the Office Establishment. of Long-Term Care Ombudsman Programs (in this subsection referred to as the ‘Office’). “(2) (A) The Office shall be headed by an Associate Commissioner for Ombudsman Programs (in this subsection referred to as the ‘Associate Commissioner’) who shall be appointed by the Commissioner from among individuals who have expertise and background in the fields of long-term care advocacy and management. The Associate Commissioner shall report directly to the Commissioner. “(B) No individual shall be appointed Associate Commissioner if— “(i) the individual has been employed within the previous 2 years by— “(I) a long-term care facility; “(II) a corporation that then owned or operated a long-term care facility; or “(III) an association of long-term care facilities; “(ii) the individual— “(I) has an ownership or investment interest (represented by equity, debt, or other financial relationship) in a long-term care facility or long-term care service; or “(II) receives, or has the right to receive, directly or indirectly remuneration (in cash or in kind) under a compensation arrangement with an owner or operator of a long-term care facility; or “(iii) the individual, or any member of the immediate family of the individual, is subject to a conflict of interest. “(3) The Associate Commissioner shall— “(A) serve as an effective and visible advocate on behalf of older individuals who reside in long-term care facilities, within the Department of Health and Human Services and with other departments, agencies, and instrumentalities of the Federal Government regarding all Federal policies affecting such individuals; “(B) review and make recommendations to the Commissioner regarding— “(i) the approval of the provisions in State plans submitted under section 307(a) that relate to State Long-Term Care Ombudsman programs; and “(ii) the adequacy of State budgets and policies relating to the programs; “(C) after consultation with State Long-Term Care Ombudsmen and the State agencies, make recommendations to the Commissioner regarding— “(i) policies designed to assist State Long-Term Care Ombudsmen; and “(ii) methods to periodically monitor and evaluate the operation of State Long-Term Care Ombudsman programs, to ensure that the programs satisfy the requirements of section 307(a)(12) and section 712, including provision of service to residents of board and care facilities and of similar adult care facilities; “(D) keep the Commissioner and the Secretary fully and currently informed about— “(i) problems relating to State Long-Term Care Ombudsman programs; and “(ii) the necessity for, and the progress toward, solving the problems; “(E) review, and make recommendations to the Secretary and the Commissioner regarding, existing and proposed Federal legislation, regulations, and policies regarding the operation of State Long-Term Care Ombudsman programs; “(F) make recommendations to the Commissioner and the Secretary regarding the policies of the Administration, and coordinate the activities of the Administration with the activities of other Federal entities, State and local entities, and nongovernmental entities, relating to State Long-Term Care Ombudsman programs; “(G) supervise the activities carried out under the authority of the Administration that relate to State Long-Term Care Ombudsman programs; “(H) administer the National Ombudsman Resource Center established under section 202(a)(21) and make recommendations to the Commissioner regarding the operation of the National Ombudsman Resource Center; “(I) advocate, monitor, and coordinate Federal and State activities of Long-Term Care Ombudsmen under this Act; “(J) submit to the Speaker of the House of Representatives and the President pro tempore of the Senate an annual report on the effectiveness of services provided under section 307(a)(12) and section 712; “(K) have authority to investigate the operation or violation of any Federal law administered by the Department of Health and Human Services that may adversely affect the health, safety, welfare, or rights of older individuals; and “(L) not later than 180 days after the date of the enactment of the Older Americans Act Amendments of 1992, establish standards applicable to the training required by section 712(h)(4).”.Older Americans Act Technical Amendments of 1993
Pub. L. 103–171 § 3(a)(2)(A) · 107 Stat. 1988
Substituted · 42 U.S.C. § 3011(a)
Pub. L. 103–171, § 3(a)(2)(A), (D), substituted “an Assistant Secretary for Aging” for “a Commissioner on Aging”
Substituted · 42 U.S.C. § 3011(a)
Pub. L. 103–171, § 3(a)(2)(A), (D), substituted “the Assistant Secretary” for “the Commissioner” wherever appearing
Source evidence
Code amendment note
Subsec. (a). Pub. L. 103–171, § 3(a)(2)(A), (D), substituted “an Assistant Secretary for Aging” for “a Commissioner on Aging” and substituted “the Assistant Secretary” for “the Commissioner” wherever appearing.Enacted provision · exact public law section
(A) in subsection (a) by striking “a Commissioner on” and inserting “an Assistant Secretary for”,Older Americans Act Technical Amendments of 1993
Pub. L. 103–171 § 3(a)(2)(D) · 107 Stat. 1988
Substituted · 42 U.S.C. § 3011(b)
Pub. L. 103–171, § 3(a)(2)(D), substituted “Assistant Secretary” for “Commissioner”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 103–171, § 3(a)(2)(D), substituted “Assistant Secretary” for “Commissioner”.Enacted provision · exact public law section
(D) by striking “Commissioner” each place it appears and inserting “Assistant Secretary”,Older Americans Act Technical Amendments of 1993
Pub. L. 103–171 § 3(a)(2)(B)(i) · 107 Stat. 1988
Substituted · 42 U.S.C. § 3011(c)(2)
Pub. L. 103–171, § 3(a)(2)(B)(i), (D), substituted “a Director of the Office for” for “an Associate Commissioner on”
Substituted · 42 U.S.C. § 3011(c)(2)
Pub. L. 103–171, § 3(a)(2)(B)(i), (D), substituted “Assistant Secretary” for “Commissioner”
Source evidence
Code amendment note
Subsec. (c)(2). Pub. L. 103–171, § 3(a)(2)(B)(i), (D), substituted “a Director of the Office for” for “an Associate Commissioner on” and “Assistant Secretary” for “Commissioner”.Enacted provision · exact public law section
(i) in paragraph (2) by striking “an Associate Commissioner on” and inserting “a Director of the Office for”, andOlder Americans Act Technical Amendments of 1993
Pub. L. 103–171 § 3(a)(2)(B)(ii) · 107 Stat. 1988
Substituted · 42 U.S.C. § 3011(c)(3)
Pub. L. 103–171, § 3(a)(2)(B)(ii), (D), substituted “Director of the Office for” for “Associate Commissioner on” wherever appearing in subpars. (A), (E), and (I)(ii)
Substituted · 42 U.S.C. § 3011(c)(3)
Pub. L. 103–171, § 3(a)(2)(B)(ii), (D), substituted “Assistant Secretary” for “Commissioner” wherever appearing in subpars. (A), (E), and (I)(ii)
Source evidence
Code amendment note
Subsec. (c)(3). Pub. L. 103–171, § 3(a)(2)(B)(ii), (D), substituted “Director of the Office for” for “Associate Commissioner on” in introductory provisions and “Assistant Secretary” for “Commissioner” wherever appearing in subpars. (A), (E), and (I)(ii).Enacted provision · exact public law section
(ii) in paragraph (3) by striking “Associate Commissioner on” and inserting “Director of the Office for”.Older Americans Act Technical Amendments of 1993
Pub. L. 103–171 § 3(a)(2)(C) · 107 Stat. 1988
Substituted · 42 U.S.C. § 3011(d)(2)
Pub. L. 103–171, § 3(a)(2)(C), (D), substituted “a Director of the Office of Long-Term Care Ombudsman Programs” for “an Associate Commissioner for Ombudsman Programs” in two places in subpar. (A)
Substituted · 42 U.S.C. § 3011(d)(2)
Pub. L. 103–171, § 3(a)(2)(C), (D), substituted “Director” for “Associate Commissioner” in two places in subpar. (A)
Substituted · 42 U.S.C. § 3011(d)(2)
Pub. L. 103–171, § 3(a)(2)(C), (D), substituted “Assistant Secretary” for “Commissioner” in two places in subpar. (A)
Source evidence
Code amendment note
Subsec. (d)(2). Pub. L. 103–171, § 3(a)(2)(C), (D), substituted “a Director of the Office of Long-Term Care Ombudsman Programs” for “an Associate Commissioner for Ombudsman Programs” in subpar. (A), “Director” for “Associate Commissioner” wherever appearing, and “Assistant Secretary” for “Commissioner” in two places in subpar. (A).Enacted provision · exact public law section
(C) in subsection (d)— (i) by striking “an Associate Commissioner for Ombudsman Programs” and inserting “a Director of the Office of Long-Term Care Ombudsman Programs”, and (ii) by striking “Associate Commissioner” each place it appears and inserting “Director”, andOlder Americans Act Technical Amendments of 1993
Pub. L. 103–171 § 3(a)(2)(C)(ii) · 107 Stat. 1988
Substituted · 42 U.S.C. § 3011(d)(3)
Pub. L. 103–171, § 3(a)(2)(C)(ii), (D), substituted “Director” for “Associate Commissioner” in subpars. (B) to (F) and (H)
Substituted · 42 U.S.C. § 3011(d)(3)
Pub. L. 103–171, § 3(a)(2)(C)(ii), (D), substituted “Assistant Secretary” for “Commissioner” in subpars. (B) to (F) and (H)
Source evidence
Code amendment note
Subsec. (d)(3). Pub. L. 103–171, § 3(a)(2)(C)(ii), (D), substituted “Director” for “Associate Commissioner” in introductory provisions and “Assistant Secretary” for “Commissioner” in subpars. (B) to (F) and (H).Enacted provision · exact public law section
(ii) by striking “Associate Commissioner” each place it appears and inserting “Director”, andPub. L. 106–501 title VIII § 801(b)(1) · 114 Stat. 2226
Substituted · 42 U.S.C. § 3011(d)(3)(C)(ii); 42 U.S.C. § 3011(d)(3)(C)(J)
Pub. L. 106–501 substituted “3027(a)(9)” for “3027(a)(12)”
Source evidence
Code amendment note
Subsec. (d)(3)(C)(ii), (J). Pub. L. 106–501 substituted “3027(a)(9)” for “3027(a)(12)”.Enacted provision · exact public law section
(1) Section 201(d)(3) of the Older Americans Act of 1965 (42 U.S.C. 3011(d)(3)) is amended— (A) in subparagraph (C)(ii), by striking “307(a)(12)” and inserting “307(a)(9)”; and (B) in subparagraph (J), by striking “307(a)(12)” and inserting “307(a)(9)”.Pub. L. 109–365 title II § 201 · 120 Stat. 2527
Added · 42 U.S.C. § 3011(e); 42 U.S.C. § 3011(f)
Pub. L. 109–365 added subsecs. (e) and (f)
Unresolved: Pub. L. 109–365 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsecs. (e), (f). Pub. L. 109–365 added subsecs. (e) and (f).Older Americans Act Reauthorization Act of 2016
Pub. L. 114–144 § 3(a)(1)(A) · 130 Stat. 334
Substituted · 42 U.S.C. § 3011(d)(3)(H)
Pub. L. 114–144, § 3(a)(1)(A), substituted “3012(a)(18)” for “3012(a)(21)”
Source evidence
Code amendment note
Subsec. (d)(3)(H). Pub. L. 114–144, § 3(a)(1)(A), substituted “3012(a)(18)” for “3012(a)(21)”.Enacted provision · exact public law section
(A) in subparagraph (H), by striking “202(a)(21)” and inserting “202(a)(18)”;Older Americans Act Reauthorization Act of 2016
Pub. L. 114–144 § 3(a)(1)(C) · 130 Stat. 334
Substituted · 42 U.S.C. § 3011(d)(3)(L)
Pub. L. 114–144, § 3(a)(1)(C), substituted “April 19, 2016” for “September 30, 1992”
Substituted · 42 U.S.C. § 3011(d)(3)(L)
Pub. L. 114–144, § 3(a)(1)(C), substituted “3058g(h)(5) of this title; and” for “3058g(h)(4) of this title.”
Source evidence
Code amendment note
Subsec. (d)(3)(L). Pub. L. 114–144, § 3(a)(1)(C), substituted “April 19, 2016” for “September 30, 1992” and “3058g(h)(5) of this title; and” for “3058g(h)(4) of this title.”Enacted provision · exact public law section
(C) in subparagraph (L)— (i) by striking “Older Americans Act Amendments of 1992” and inserting “Older Americans Act Reauthorization Act of 2016”; and (ii) by striking “712(h)(4).” and inserting “712(h)(5); and”; andOlder Americans Act Reauthorization Act of 2016
Pub. L. 114–144 § 3(a)(1)(B) · 130 Stat. 334
Added · 42 U.S.C. § 3011(d)(3)(M)
Pub. L. 114–144, § 3(a)(1)(B), (D), added subpar. (M)
Source evidence
Code amendment note
Subsec. (d)(3)(M). Pub. L. 114–144, § 3(a)(1)(B), (D), added subpar. (M).Enacted provision · exact public law section
(B) in subparagraph (K), by striking “and” at the end;Older Americans Act Reauthorization Act of 2016
Pub. L. 114–144 § 3(a)(2) · 130 Stat. 334
Inserted · 42 U.S.C. § 3011(e)(2)
Pub. L. 114–144, § 3(a)(2), inserted “, and in coordination with the heads of State adult protective services programs and the Director of the Office of Long-Term Care Ombudsman Programs” after “and services”
Source evidence
Code amendment note
Subsec. (e)(2). Pub. L. 114–144, § 3(a)(2), inserted “, and in coordination with the heads of State adult protective services programs and the Director of the Office of Long-Term Care Ombudsman Programs” after “and services”.Enacted provision · exact public law section
(2) in subsection (e)(2), in the matter preceding subparagraph (A), by inserting “, and in coordination with the heads of State adult protective services programs and the Director of the Office of Long-Term Care Ombudsman Programs” after “and services”.Older Americans Act Reauthorization Act of 2016
Pub. L. 114–144 § 9(2) · 130 Stat. 334
Inserted · 42 U.S.C. § 3011(f)(1)
Pub. L. 114–144, § 9(2), inserted “and behavioral” after “mental”
Source evidence
Code amendment note
Subsec. (f)(1). Pub. L. 114–144, § 9(2), inserted “and behavioral” after “mental”.Enacted provision · exact public law section
(2) in section 201(f)(1) (42 U.S.C. 3011(f)(1)), by inserting “and behavioral” after “mental”;Supporting Older Americans Act of 2020
Pub. L. 116–131 title I § 127(a) · 131 Stat. 240
Added · 42 U.S.C. § 3011(g)
Pub. L. 116–131 added subsec. (g)
Source evidence
Code amendment note
Subsec. (g). Pub. L. 116–131 added subsec. (g).Enacted provision · exact public law section
(a) Center.— Section 201 (42 U.S.C. 3011) is amended by adding at the end the following: “(g) (1) The Assistant Secretary shall, as appropriate, coordinate the research and evaluation functions of this Act under a Research, Demonstration, and Evaluation Center for the Aging Network (in this subsection referred to as the ‘Center’), which shall be headed by a director designated by the Assistant Secretary from individuals described in paragraph (4). “(2) The purpose of the Center shall be— “(A) to coordinate, as appropriate, research, research dissemination, evaluation, demonstration projects, and related activities carried out under this Act; “(B) to provide assessment of the programs and interventions authorized under this Act; and “(C) to increase the repository of information on evidence-based programs and interventions available to the aging network, which information shall be applicable to existing programs and interventions and help in the development of new evidence-based programs and interventions. “(3) Activities of the Center shall include, as appropriate, conducting, promoting, coordinating, and providing support for— “(A) research and evaluation activities that support the objectives of this Act, including— “(i) evaluation of new and existing programs and interventions authorized by this Act; and “(ii) research on and assessment of the relationship between programs and interventions under this Act and the health outcomes, social determinants of health, quality of life, and independence of individuals served under this Act; “(B) demonstration projects that support the objectives of this Act, including activities to bring effective demonstration projects to scale with a prioritization of projects that address the needs of underserved populations, and promote partnerships among aging services, community-based organizations, and Medicare and Medicaid providers, plans, and health (including public health) systems; “(C) outreach and dissemination of research findings; and “(D) technical assistance related to the activities described in this paragraph. “(4) The director shall be an individual with substantial knowledge of and experience in aging and health policy, and research administration. “(5) Not later than October 1, 2020, and at 5-year intervals thereafter, the director shall prepare and publish in the Federal Register for public comment a draft of a 5-year plan that— “(A) outlines priorities for research, research dissemination, evaluation, demonstration projects, and related activities; “(B) explains the basis for such priorities; and “(C) describes how the plan will meet the needs of underserved populations. “(6) The director shall coordinate, as appropriate, research, research dissemination, evaluation, and demonstration projects, and related activities with appropriate agency program staff, and, as appropriate, with other Federal departments and agencies involved in research in the field of aging. “(7) Not later than December 31, 2020, and annually thereafter, the director shall prepare, and submit to the Secretary, the Committee on Health, Education, Labor, and Pensions of the Senate, the Special Committee on Aging of the Senate, and the Committee on Education and Labor of the House of Representatives, a report on the activities funded under this section and title IV. “(8) The director shall, as appropriate, consult with experts on aging research and evaluation and aging network stakeholders on the implementation of the activities described under paragraph (3) of this subsection. “(9) The director shall coordinate, as appropriate, all research and evaluation authorities under this Act.” .
44 of 45 references resolved to an enrolled provision · 1 unresolved
Editorial Notes
Amendments1973–2020 · 11 rounds
2020
Subsec. (g). Pub. L. 116–131 added subsec. (g).
2016
Subsec. (d)(3)(H). Pub. L. 114–144, § 3(a)(1)(A), substituted “3012(a)(18)” for “3012(a)(21)”.
Subsec. (d)(3)(L). Pub. L. 114–144, § 3(a)(1)(C), substituted “” for “” and “3058g(h)(5) of this title; and” for “3058g(h)(4) of this title.”
Subsec. (d)(3)(M). Pub. L. 114–144, § 3(a)(1)(B), (D), added subpar. (M).
Subsec. (e)(2). Pub. L. 114–144, § 3(a)(2), inserted “, and in coordination with the heads of State adult protective services programs and the Director of the Office of Long-Term Care Ombudsman Programs” after “and services”.
Subsec. (f)(1). Pub. L. 114–144, § 9(2), inserted “and behavioral” after “mental”.
2006
Subsecs. (e), (f). Pub. L. 109–365 added subsecs. (e) and (f).
2000
Subsec. (d)(3)(C)(ii), (J). Pub. L. 106–501 substituted “3027(a)(9)” for “3027(a)(12)”.
1993
Subsec. (a). Pub. L. 103–171, § 3(a)(2)(A), (D), substituted “an Assistant Secretary for Aging” for “a Commissioner on Aging” and substituted “the Assistant Secretary” for “the Commissioner” wherever appearing.
Subsec. (b). Pub. L. 103–171, § 3(a)(2)(D), substituted “Assistant Secretary” for “Commissioner”.
Subsec. (c)(2). Pub. L. 103–171, § 3(a)(2)(B)(i), (D), substituted “a Director of the Office for” for “an Associate Commissioner on” and “Assistant Secretary” for “Commissioner”.
Subsec. (c)(3). Pub. L. 103–171, § 3(a)(2)(B)(ii), (D), substituted “Director of the Office for” for “Associate Commissioner on” in introductory provisions and “Assistant Secretary” for “Commissioner” wherever appearing in subpars. (A), (E), and (I)(ii).
Subsec. (d)(2). Pub. L. 103–171, § 3(a)(2)(C), (D), substituted “a Director of the Office of Long-Term Care Ombudsman Programs” for “an Associate Commissioner for Ombudsman Programs” in subpar. (A), “Director” for “Associate Commissioner” wherever appearing, and “Assistant Secretary” for “Commissioner” in two places in subpar. (A).
Subsec. (d)(3). Pub. L. 103–171, § 3(a)(2)(C)(ii), (D), substituted “Director” for “Associate Commissioner” in introductory provisions and “Assistant Secretary” for “Commissioner” in subpars. (B) to (F) and (H).
1992
Subsec. (a). Pub. L. 102–375, §§ 102(b)(2), 201(a), struck out “(hereinafter in this chapter referred to as the ‘Administration’)” after “Administration on Aging” and “(hereinafter in this chapter referred to as the ‘Commissioner’)” after “Commissioner on Aging” and inserted “(including the functions of the Commissioner carried out through regional offices)” after “functions of the Commissioner”.
Subsec. (c)(1). Pub. L. 102–375, § 102(b)(1)(A), substituted “Administration” for “Administration on Aging”.
Subsec. (c)(3)(A)(i). Pub. L. 102–375, § 904(a)(3)(A), inserted “individuals who are” before “Native Americans”.
Subsec. (c)(3)(B). Pub. L. 102–375, §§ 201(b)(1), 904(a)(3)(A), (B), inserted “individuals who are” before “Native Americans within” and substituted “affecting such individuals, with particular attention to services provided to Native Americans by the Indian Health Service” for “affecting older Native Americans”.
Subsec. (c)(3)(E). Pub. L. 102–375, § 904(a)(3)(A), (C), substituted “this chapter” for “the chapter” and inserted “individuals who are” after “older”.
Subsec. (c)(3)(F). Pub. L. 102–375, § 201(b)(2), inserted before semicolon “, including information (compiled with assistance from public or nonprofit private entities, including institutions of higher education, with experience in assessing the characteristics and health status of older individuals who are Native Americans) on elder abuse, in-home care, health problems, and other problems unique to Native Americans”.
Subsec. (c)(3)(G). Pub. L. 102–375, § 904(a)(3)(A), inserted “individuals who are” before “Native Americans”.
Subsec. (c)(3)(I), (J). Pub. L. 102–375, § 201(b)(3)–(5), added subpars. (I) and (J).
Subsec. (d). Pub. L. 102–375, § 201(c), added subsec. (d).
1987
Subsec. (a). Pub. L. 100–175, § 182(c), substituted “the functions of the Commissioner” for “his functions”.
Pub. L. 100–175, § 102, substituted “between the Commissioner and the Secretary” for “between the Commissioner and the Office of the Secretary” and “responsible to the Secretary” for “responsible to the Office of the Secretary”.
Subsec. (c). Pub. L. 100–175, § 107(a), added subsec. (c).
1984
Subsec. (a). Pub. L. 98–459, § 201(1), (3), (4), substituted “the agency” for “the principal agency”, inserted provision requiring establishment of a direct reporting relationship between Commissioner and Office of the Secretary, and substituted “approve or require” for “approve”.
Pub. L. 98–459, § 201(2), which directed that “the functions of the Administration” be substituted for “his functions” in second sentence could not be executed because “his functions” appeared only in third sentence.
1978
Subsec. (a). Pub. L. 95–478 substituted “subchapter IX” for “subchapter VI and as otherwise specifically provided by the Older Americans Comprehensive Services Amendments of 1973”.
1974
Subsec. (a). Pub. L. 93–351 struck out provisions which had authorized the Secretary of Health, Education, and Welfare, under certain conditions, to approve a delegation of the functions of the Commissioner on Aging to officers not directly responsible to the Commissioner.
1973
Subsec. (a). Pub. L. 93–29 added subsec. (a). Former provision established the Administration on Aging in the Department of Health, Education, and Welfare.
Subsec. (b). Pub. L. 93–29 struck out provision respecting the direction of the Administration by a Commissioner on Aging, now incorporated in subsec. (a) of this section.
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, .
Pub. L. 103–171, § 3(c), , 107 Stat. 1991, provided that: “Any reference to the Commissioner on Aging in any order, rule, guideline, contract, grant, suit, or proceeding that is pending, enforceable, or in effect on the date of the enactment of this Act [] shall be deemed to be a reference to the Assistant Secretary for Aging.”
Effective Date of 1987 Amendment
Amendment by Pub. L. 100–175 effective , 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 , see section 701(a), (b) of Pub. L. 100–175, set out as a note under section 3001 of this title.
Effective Date of 1984 Amendment
Amendment by Pub. L. 98–459 effective , see section 803(a) of Pub. L. 98–459, set out as a note under section 3001 of this title.
Effective Date of 1978 Amendment
Amendment by Pub. L. 95–478 effective at close of , see section 504 of Pub. L. 95–478, set out as a note under section 3001 of this title.
Modification of Delegation of Functions of Commissioner on Aging in Effect on July 12, 1974
Pub. L. 93–351, § 2(b), , 88 Stat. 357, provided that: “Any delegation of the functions of the Commissioner on Aging [now Assistant Secretary for Aging] in effect on the date of enactment of this Act [], issued pursuant to section 201(a) of such Act [subsec. (a) of this section], shall be modified by the Commissioner to comply with the provisions of the amendment made by this section [amending this section].”
Credits
1965–2020 · 12 acts
- 1965Pub. L. 89–73, title II, § 201, , 79 Stat. 220
- 1973Pub. L. 93–29, title II, § 201(a), , 87 Stat. 30
- 1974Pub. L. 93–351, § 2(a), , 88 Stat. 357
- 1978Pub. L. 95–478, title V, § 503(b)(1), , 92 Stat. 1559
- 1984Pub. L. 98–459, title II, § 201, , 98 Stat. 1767
- 1987Pub. L. 100–175, title I, §§ 102, 107(a), 182(c), , 101 Stat. 928, 931, 964
- 1992Pub. L. 102–375, title I, § 102(b)(1)(A), (2), title II, § 201, title IX, § 904(a)(3), , 106 Stat. 1200, 1201, 1202, 1306
- 1993Pub. L. 103–171, § 3(a)(2), , 107 Stat. 1989
- 2000Pub. L. 106–501, title VIII, § 801(b)(1), , 114 Stat. 2291
- 2006Pub. L. 109–365, title II, § 201, , 120 Stat. 2527
- 2016Pub. L. 114–144, §§ 3(a), 9(2), , 130 Stat. 335, 352
- 2020Pub. L. 116–131, title I, § 127(a), , 134 Stat. 252.
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(Pub. L. 89–73, title II, § 201, , 79 Stat. 220; Pub. L. 93–29, title II, § 201(a), , 87 Stat. 30; Pub. L. 93–351, § 2(a), , 88 Stat. 357; Pub. L. 95–478, title V, § 503(b)(1), , 92 Stat. 1559; Pub. L. 98–459, title II, § 201, , 98 Stat. 1767; Pub. L. 100–175, title I, §§ 102, 107(a), 182(c), , 101 Stat. 928, 931, 964; Pub. L. 102–375, title I, § 102(b)(1)(A), (2), title II, § 201, title IX, § 904(a)(3), , 106 Stat. 1200, 1201, 1202, 1306; Pub. L. 103–171, § 3(a)(2), , 107 Stat. 1989; Pub. L. 106–501, title VIII, § 801(b)(1), , 114 Stat. 2291; Pub. L. 109–365, title II, § 201, , 120 Stat. 2527; Pub. L. 114–144, §§ 3(a), 9(2), , 130 Stat. 335, 352; Pub. L. 116–131, title I, § 127(a), , 134 Stat. 252.)