Title 42 — The Public Health and Welfare
Chapter 35 — Programs for Older Americans
§ 3012. Functions of Assistant Secretary
Statutory text
Duties and functions of Administration
It shall be the duty and function of the Administration to—
serve as the effective and visible advocate for older individuals within the Department of Health and Human Services and with other departments, agencies, and instrumentalities of the Federal Government by maintaining active review and commenting responsibilities over all Federal policies affecting older individuals;
collect and disseminate information related to problems of the aged and aging;
directly assist the Secretary in all matters pertaining to problems of the aged and aging;
administer the grants provided by this chapter, but not approve an application submitted by an applicant for a grant for an activity under a provision of this chapter for which such applicant previously received a grant under such provision unless the Assistant Secretary determines—
the activity for which such application was submitted is being operated, or was operated, effectively to achieve its stated purpose; and
such applicant has complied with the assurances provided to the Assistant Secretary with the application for such previous grant.1
develop plans, conduct and arrange for research in the field of aging, and assist in the establishment and implementation of programs designed to meet the health and economic needs of older individuals for supportive services, including nutrition, hospitalization, education and training services (including preretirement training, and continuing education), cultural experiences, activities, and services, including in the arts, low-cost transportation and housing, assistive technology, and health (including mental and behavioral health) services;
provide technical assistance and consultation to States and political subdivisions thereof with respect to programs for the aged and aging;
prepare, publish, and disseminate educational materials dealing with the health and economic welfare of older individuals;
gather statistics in the field of aging which other Federal agencies are not collecting, and take whatever action is necessary to achieve coordination of activities carried out or assisted by all departments, agencies, and instrumentalities of the Federal Government with respect to the collection, preparation, and dissemination of information relevant to older individuals;
develop basic policies and set priorities with respect to the development and operation of programs and activities conducted under authority of this chapter;
coordinate Federal programs and activities related to such purposes;
coordinate, and assist in, the planning and development by public (including Federal, State, and local agencies) and private organizations of programs for older individuals, with a view to the establishment of a nationwide network of comprehensive, coordinated services and opportunities for such individuals;
consult and coordinate activities with the Administrator of the Centers for Medicare & Medicaid Services and the heads of other Federal entities to implement and build awareness of programs providing benefits affecting older individuals; and
carry on a continuing evaluation of the programs and activities related to the objectives of this chapter, with particular attention to the impact of the programs and activities carried out under—
titles XVIII and XIX of the Social Security Act (42 U.S.C. 1395 et seq., 1396 et seq.);
the Age Discrimination in Employment Act of 1967 (29 U.S.C. 621 et seq.); and
the National Housing Act (12 U.S.C. 1701 et seq.) relating to housing for older individuals and the setting of standards for the licensing of nursing homes, intermediate care homes, and other facilities providing care for such individuals;
provide information and assistance to private organizations for the establishment and operation by them of programs and activities related to the objectives of this chapter;
develop, in coordination with other agencies (including the Health Resources and Services Administration), a national plan for meeting the needs for trained personnel in the field of aging, and for training persons for carrying out programs related to the objectives of this chapter, and conduct and provide for the conducting of such training;
consult with national organizations representing minority individuals to develop and disseminate training packages and to provide technical assistance efforts designed to assist State and area agencies on aging, and service providers, in providing services to older individuals with greatest economic need or individuals with greatest social need, with particular attention to and specific objectives for providing services to low-income minority individuals and older individuals residing in rural areas;
collect for each fiscal year, for fiscal years beginning after , directly or by contract, statistical data regarding programs and activities carried out with funds provided under this chapter, including—
with respect to each type of service or activity provided with such funds—
the aggregate amount of such funds expended to provide such service or activity;
the number of individuals who received such service or activity; and
the number of units of such service or activity provided;
the number of senior centers which received such funds; and
the extent to which each area agency on aging designated under section 3025(a) of this title satisfied the requirements of paragraphs (2) and (4)(A) of section 3026(a) of this title;
obtain from—
the Department of Agriculture information explaining the requirements for eligibility to receive benefits under the Food and Nutrition Act of 2008 [7 U.S.C. 2011 et seq.]; and
the Social Security Administration information explaining the requirements for eligibility to receive supplemental security income benefits under title XVI of the Social Security Act [42 U.S.C. 1381 et seq.] (or assistance under a State plan program under title XVI of that Act);
and distribute such information, in written form, to State agencies, for redistribution to area agencies on aging, to carry out outreach activities and application assistance;
establish and operate the National Ombudsman Resource Center (in this paragraph referred to as the “Center”), under the administration of the Director of the Office of Long-Term Care Ombudsman Programs, that will—
by grant or contract—
conduct research;
provide training, technical assistance, and information to State Long-Term Care Ombudsmen;
analyze laws, regulations, programs, and practices; and
provide assistance in recruiting and retaining volunteers for State Long-Term Care Ombudsman programs by establishing a national program for recruitment efforts that utilizes the organizations that have established a successful record in recruiting and retaining volunteers for ombudsman or other programs;
relating to Federal, State, and local long-term care ombudsman policies; and
assist State Long-Term Care Ombudsmen in the implementation of State Long-Term Care Ombudsman programs; and
make available to the Center not less than the amount of resources made available to the Long-Term Care Ombudsman National Resource Center for fiscal year 2000;
conduct strict monitoring of State compliance with the requirements in effect, under this chapter to prohibit conflicts of interest and to maintain the integrity and public purpose of services provided and service providers, under this chapter in all contractual and commercial relationships;
encourage, and provide technical assistance to, States, area agencies on aging, and service providers to carry out outreach and benefits enrollment assistance to inform and enroll older individuals with greatest economic need, who may be eligible to participate, but who are not participating, in Federal and State programs providing benefits for which the individuals are eligible, including—
supplemental security income benefits under title XVI of the Social Security Act (42 U.S.C. 1381 et seq.), or assistance under a State plan program under such title;
medical assistance under title XIX of such Act (42 U.S.C. 1396 et seq.);
benefits under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.); or
benefits under any other applicable program; and
at the election of the Assistant Secretary and in cooperation with related Federal agency partners administering the Federal programs, make a grant to or enter into a contract with a qualified, experienced entity to establish a National Center on Senior Benefits Outreach and Enrollment, which shall—
maintain and update web-based decision support and enrollment tools, and integrated, person-centered systems, designed to inform older individuals about the full range of benefits for which the individuals may be eligible under Federal and State programs;
utilize cost-effective strategies to find older individuals with greatest economic need and enroll the individuals in the programs;
create and support efforts for Aging and Disability Resource Centers, and other public and private State and community-based organizations, including faith-based organizations and coalitions, to serve as benefits enrollment centers for the programs;
develop and maintain an information clearinghouse on best practices and cost-effective methods for finding and enrolling older individuals with greatest economic need in the programs for which the individuals are eligible; and
provide, in collaboration with related Federal agency partners administering the Federal programs, training and technical assistance on effective outreach, screening, enrollment, and follow-up strategies;
establish information and assistance services as priority services for older individuals, and develop and operate, either directly or through contracts, grants, or cooperative agreements, a National Eldercare Locator Service, providing information and assistance services through a nationwide toll-free number to identify community resources for older individuals;
develop guidelines for area agencies on aging to follow in choosing and evaluating providers of legal assistance;
develop guidelines and a model job description for choosing and evaluating legal assistance developers referred to in sections 3027(a)(13) and 3058j of this title;
establish and carry out pension counseling and information programs described in section 3020e–1 of this title;
provide technical assistance, training, and other means of assistance to State agencies, area agencies on aging, and service providers regarding State and local data collection and analysis;
design and implement, for purposes of compliance with paragraph (19), uniform data collection procedures for use by State agencies, including—
uniform definitions and nomenclature;
standardized data collection procedures;
a participant identification and description system;
procedures for collecting information on services needed by older individuals (including services that would permit such individuals to receive long-term care in home and community-based settings), as identified by service providers in assisting clients through the provision of the supportive services; and
procedures for the assessment of unmet needs for services under this chapter;
improve the delivery of services to older individuals living in rural areas through—
synthesizing results of research on how best to meet the service needs of older individuals in rural areas;
developing a resource guide on best practices for States, area agencies on aging, and service providers; and
providing training and technical assistance to States to implement these best practices of service delivery;
make available to States, area agencies on aging, and service providers information and technical assistance to support the provision of evidence-based disease prevention and health promotion services, including information and technical assistance on delivery of such services in different settings;
provide information and technical assistance to States, area agencies on aging, and service providers, in collaboration with relevant Federal agencies, on providing efficient, person-centered transportation services, including across geographic boundaries;
identify model programs and provide information and technical assistance to States, area agencies on aging, and service providers (including providers operating multipurpose senior centers), to support the modernization of multipurpose senior centers;
provide technical assistance to and share best practices with States, area agencies on aging, and Aging and Disability Resource Centers, on how to collaborate and coordinate services with health care entities, such as Federally-qualified health centers, as defined in section 1905(l)(2)(B) of the Social Security Act (42 U.S.C. 1396d(l)(2)(B)), in order to improve care coordination for individuals with multiple chronic illnesses;
provide technical assistance to, and share best practices with, State agencies and area agencies on aging on how to collaborate and coordinate activities and develop long-range emergency preparedness plans with local and State emergency response agencies, relief organizations, local and State governments, Federal agencies as appropriate, and any other institutions that have responsibility for disaster relief service delivery;
with input from aging network stakeholders, including caregivers, develop objectives, priorities, and a long-term plan for supporting State and local efforts involving education about prevention of, detection of, and response to negative health effects associated with social isolation among older individuals, and submit a report to Congress on this effort by January 2021; and
provide (to the extent practicable) a standardized notification to State agencies, area agencies on aging, providers of services under this chapter, and grantees or contract awardees under this chapter, through an electronic format (e-mail or other electronic notification), of the availability of, or updates to, policies, practices, and procedures under this chapter.
Development and implementation of comprehensive, coordinated systems for long-term care
To promote the development and implementation of comprehensive, coordinated systems at Federal, State, and local levels that enable older individuals to receive long-term care in home and community-based settings, in a manner responsive to the needs and preferences of older individuals and their family caregivers, the Assistant Secretary shall, consistent with the applicable provisions of this subchapter—
collaborate, coordinate, and consult with other Federal entities responsible for formulating and implementing programs, benefits, and services related to providing long-term care, and may make grants, contracts, and cooperative agreements with funds received from other Federal entities;
conduct research and demonstration projects to identify innovative, cost-effective strategies for modifying State systems of long-term care to—
respond to the needs and preferences of older individuals and family caregivers; and
target services to individuals at risk for institutional placement, to permit such individuals to remain in home and community-based settings;
establish criteria for and promote the implementation (through area agencies on aging, service providers, and such other entities as the Assistant Secretary determines to be appropriate) of evidence-based programs to assist older individuals and their family caregivers in learning about and making behavioral changes intended to reduce the risk of injury, disease, and disability among older individuals;
facilitate, in coordination with the Administrator of the Centers for Medicare & Medicaid Services, and other heads of Federal entities as appropriate, the provision of long-term care in home and community-based settings, including the provision of such care through self-directed care models that—
provide for the assessment of the needs and preferences of an individual at risk for institutional placement to help such individual avoid unnecessary institutional placement and depletion of income and assets to qualify for benefits under the Medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.);
respond to the needs and preferences of such individual and provide the option—
for the individual to direct and control the receipt of supportive services provided; or
as appropriate, for a person who was appointed by the individual, or is legally acting on the individual’s behalf, in order to represent or advise the individual in financial or service coordination matters (referred to in this paragraph as a “representative” of the individual), to direct and control the receipt of those services; and
assist an older individual (or, as appropriate, a representative of the individual) to develop a plan for long-term support, including selecting, budgeting for, and purchasing home and community-based long-term care and supportive services;
provide for the Administration to play a lead role with respect to issues concerning home and community-based long-term care, including—
directing (as the Secretary or the President determines to be appropriate) or otherwise participating in departmental and interdepartmental activities concerning long-term care;
reviewing and commenting on departmental rules, regulations, and policies related to providing long-term care;
making recommendations to the Secretary with respect to home and community-based long-term care, including recommendations based on findings made through projects conducted under paragraph (2); and
when feasible, developing, in consultation with States and national organizations, a consumer-friendly tool to assist older individuals and their families in choosing home and community-based services, with a particular focus on ways for consumers to assess how providers protect the health, safety, welfare, and rights, including the rights provided under section 3030c–1 of this title, of older individuals;
promote, in coordination with other appropriate Federal agencies—
enhanced awareness by the public of the importance of planning in advance for long-term care; and
the availability of information and resources to assist in such planning;
ensure access to, and the dissemination of, information about all long-term care options and service providers, including the availability of integrated long-term care;
implement in all States Aging and Disability Resource Centers—
to serve as visible and trusted sources of information on the full range of long-term care options, including both institutional and home and community-based care, which are available in the community;
to provide personalized and consumer-friendly assistance to empower individuals to identify and articulate goals of care and to make informed decisions about their care options;
to provide coordinated and streamlined access to all publicly supported long-term care options so that consumers can obtain the care they need through a single intake, assessment, and eligibility determination process;
to help individuals to respond to or plan ahead for their long-term care needs;
to assist (in coordination with the entities carrying out the health insurance information, counseling, and assistance program (receiving funding under section 1395b–4 of this title) in the States) beneficiaries, and prospective beneficiaries, under the Medicare program established under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) in understanding and accessing prescription drug and preventative health benefits under the provisions of, and amendments made by, the Medicare Prescription Drug, Improvement, and Modernization Act of 2003; and
to provide information and referrals regarding available home and community-based services for individuals who are at risk for residing in, or who reside in, institutional settings, so that the individuals have the choice to remain in or to return to the community;
establish, either directly or through grants or contracts, national technical assistance programs to assist State agencies, area agencies on aging, and community-based service providers funded under this chapter in implementing—
home and community-based long-term care systems, including evidence-based programs; and
evidence-based disease prevention and health promotion services programs, including delivery of such services in different settings; and
activities for increasing business acumen, capacity building, organizational development, innovation, and other methods of growing and sustaining the capacity of the aging network to serve older individuals and caregivers most effectively;
develop, in collaboration with the Administrator of the Centers for Medicare & Medicaid Services, performance standards and measures for use by States to determine the extent to which their State systems of long-term care fulfill the objectives described in this subsection; and
conduct such other activities as the Assistant Secretary determines to be appropriate.
Encouragement of participation by volunteer groups, utilization of older individuals, and cost savings
The Assistant Secretary, in consultation with the Chief Executive Officer of the Corporation for National and Community Service, shall—
encourage and permit volunteer groups (including organizations carrying out national service programs and including organizations of youth in secondary or postsecondary school) that are active in supportive services and civic engagement to participate and be involved individually or through representative groups in supportive service and civic engagement programs or activities to the maximum extent feasible;
develop a comprehensive strategy for utilizing older individuals to address critical local needs of national concern, including the engagement of older individuals in the activities of public and nonprofit organizations such as community-based organizations, including faith-based organizations; and
encourage other community capacity-building initiatives involving older individuals, with particular attention to initiatives that demonstrate effectiveness and cost savings in meeting critical needs.
National Center on Elder Abuse
The Assistant Secretary shall establish and operate the National Center on Elder Abuse (in this subsection referred to as the “Center”).
In operating the Center, the Assistant Secretary shall—
annually compile, publish, and disseminate a summary of recently conducted research on elder abuse, neglect, and exploitation;
develop and maintain an information clearinghouse on all programs (including private programs) showing promise of success, for the prevention, identification, and treatment of elder abuse, neglect, and exploitation;
compile, publish, and disseminate training materials for personnel who are engaged or intend to engage in the prevention, identification, and treatment of elder abuse, neglect, and exploitation;
provide technical assistance to State agencies and to other public and nonprofit private agencies and organizations to assist the agencies and organizations in planning, improving, developing, and carrying out programs and activities relating to the special problems of elder abuse, neglect, and exploitation; and
conduct research and demonstration projects regarding the causes, prevention, identification, and treatment of elder abuse, neglect, and exploitation.
The Assistant Secretary shall carry out paragraph (2) through grants or contracts.
The Assistant Secretary shall issue criteria applicable to the recipients of funds under this subsection. To be eligible to receive a grant or enter into a contract under subparagraph (A), 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.
The Assistant Secretary shall—
establish research priorities for making grants or contracts to carry out paragraph (2)(E); and
not later than 60 days before the date on which the Assistant Secretary establishes such priorities, publish in the Federal Register for public comment a statement of such proposed priorities.
The Assistant Secretary shall make available to the Center such resources as are necessary for the Center to carry out effectively the functions of the Center under this chapter and not less than the amount of resources made available to the Resource Center on Elder Abuse for fiscal year 2000.
National Aging Information Center
The Assistant Secretary shall make grants or enter into contracts with eligible entities to establish the National Aging Information Center (in this subsection referred to as the “Center”) to—
provide information about grants and projects under subchapter IV;
annually compile, analyze, publish, and disseminate—
statistical data collected under subsection (a)(19);
census data on aging demographics; and
data from other Federal agencies on the health, social, and economic status of older individuals and on the services provided to older individuals;
biennially compile, analyze, publish, and disseminate statistical data collected on the functions, staffing patterns, and funding sources of State agencies and area agencies on aging;
analyze the information collected under section 3011(c)(3)(F) of this title by the Director of the Office for American Indian, Alaskan Native, and Native Hawaiian Aging;
provide technical assistance, training, and other means of assistance to State agencies, area agencies on aging, and service providers, regarding State and local data collection and analysis; and
be a national resource on statistical data regarding aging.
To be eligible to receive a grant or enter into a contract under subparagraph (A), 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.
Entities eligible to receive a grant or enter into a contract under subparagraph (A) shall be organizations with a demonstrated record of experience in education and information dissemination.
The Assistant Secretary shall establish procedures specifying the length of time that the Center shall provide the information described in paragraph (1) with respect to a particular project or activity. The procedures shall require the Center to maintain the information beyond the term of the grant awarded, or contract entered into, to carry out the project or activity.
The Assistant Secretary shall establish the procedures described in subparagraph (A) after consultation with—
practitioners in the field of aging;
older individuals;
representatives of institutions of higher education;
national aging organizations;
State agencies;
area agencies on aging;
legal assistance providers;
service providers; and
other persons with an interest in the field of aging.
Development of performance outcome measures
The Assistant Secretary, in accordance with the process described in paragraph (2), and in collaboration with a representative group of State agencies, tribal organizations, area agencies on aging, and providers of services involved in the performance outcome measures shall develop and publish by , a set of performance outcome measures for planning, managing, and evaluating activities performed and services provided under this chapter. To the maximum extent possible, the Assistant Secretary shall use data currently collected (as of the date of development of the measures) by State agencies, area agencies on aging, and service providers through the National Aging Program Information System and other applicable sources of information in developing such measures.
The process for developing the performance outcome measures described in paragraph (1) shall include—
a review of such measures currently in use by State agencies and area agencies on aging (as of the date of the review);
development of a proposed set of such measures that provides information about the major activities performed and services provided under this chapter;
pilot testing of the proposed set of such measures, including an identification of resource, infrastructure, and data collection issues at the State and local levels; and
evaluation of the pilot test and recommendations for modification of the proposed set of such measures.
Training and provision of services addressing elder justice and exploitation
The Assistant Secretary shall, as appropriate, ensure that programs authorized under this chapter include appropriate training in the prevention of abuse, neglect, and exploitation and provision of services that address elder justice and the exploitation of older individuals.
Publication of funded centers and demonstration projects
The Assistant Secretary shall publish, on an annual basis, a list of centers and demonstration projects funded under each subchapter of this chapter. The Assistant Secretary shall ensure that this information is also directly provided to State agencies and area agencies on aging.
RAISE Family Caregivers Act
The Assistant Secretary shall carry out the RAISE Family Caregivers Act (42 U.S.C. 3030s note).
Footnotes
- 1 So in original. The period probably should be a semicolon.
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 § 202 · 79 Stat. 218
Enacted · 42 U.S.C. § 3012
Pub. L. 89–73, title II, § 202, July 14, 1965, 79 Stat. 220
Source evidence
Code source credit
Pub. L. 89–73, title II, § 202, July 14, 1965, 79 Stat. 220Enacted provision · exact public law section
Sec. 202. functions of office It shall be the duty and function of the Administration (1) serve as a clearinghouse for information related to problems of the aged and aging; . (2) assist the Secretary in all matters pertaining to problems of the aged and aging; (3) administer the grants provided by this Act; (4) develop plans, conduct and arrange for research and demonstration programs in the field of aging; (5) provide technical assistance and consultation to States and political subdivisions thereof with respect to programs for the aged and aging; (6) prepare, publish, and disseminate educational materials dealing with the welfare of older persons; (7) gather statistics in the field of aging which other Federal agencies are not collecting; and (8) stimulate more effective use of existing resources and available services for the aged and aging.Older Americans Comprehensive Services Amendments of 1973
Pub. L. 93–29 § 201(b)(1) · 87 Stat. 30
Substituted · 42 U.S.C. § 3012(a)
Pub. L. 93–29, § 201(b)(1)–(3), in par. (4), substituted “research” for “research and demonstration programs” and made it the function of the Administration to assist in the establishment of any carry out programs designed to meet the needs of older persons for social services, including nutrition, hospitalization, preretirement training, continuing education, low-cost transportation and housing, and health services; added pars. (9) to (16);
Amended · 42 U.S.C. § 3012(a)
Pub. L. 93–29, § 201(b)(1)–(3), in par. (4), designated existing provisions as subsec. (a), respectively
Source evidence
Code amendment note
Subsec. (a). Pub. L. 93–29, § 201(b)(1)–(3), in par. (4), substituted “research” for “research and demonstration programs” and made it the function of the Administration to assist in the establishment of any carry out programs designed to meet the needs of older persons for social services, including nutrition, hospitalization, preretirement training, continuing education, low-cost transportation and housing, and health services; added pars. (9) to (16); and designated existing provisions as subsec. (a), respectively.Enacted provision · exact public law section
(1) Section 202(4) of the Older Americans Act of 1965 is amended to read as follows: “(4) develop plans, conduct and arrange for research in the field of aging, and assist in the establishment of and carry out programs designed to meet the needs of older persons for social services, including nutrition, hospitalization, preretirement training, continuing education, low-cost transportation and housing, and health services;”Older Americans Comprehensive Services Amendments of 1973
Pub. L. 93–29 § 201(b)(3) · 87 Stat. 30
Added · 42 U.S.C. § 3012(b)
Pub. L. 93–29, § 201(b)(3), added subsec. (b)
Source evidence
Code amendment note
Subsec. (b). Pub. L. 93–29, § 201(b)(3), added subsec. (b).Enacted provision · exact public law section
(3) Section 202 of the Act (as amended by the preceding provisions of this subsection) is further amended by inserting “(a)” after “Sec. 202.”. and by adding at the end thereof the following new subsection: “(b) In executing his duties and functions under this Act and carrying out the programs and activities provided for by this Act, the Commissioner, in consultation with the Director of Action, shall take all possible steps to encourage and permit voluntary groups active in social services, including youth organizations active at the high school or college levels, to participate and be involved individually or through representative groups in such programs or activities to the maximum extent feasible, through the performance of advisory or consultative functions, and in other appropriate ways.”Older Americans Amendments of 1975
Pub. L. 94–135 § 114(b) · 89 Stat. 713
Substituted · 42 U.S.C. § 3012
Pub. L. 94–135, § 114(b), substituted “Administration” for “Office” in section catchline
Source evidence
Code amendment note
Pub. L. 94–135, § 114(b), substituted “Administration” for “Office” in section catchline.Enacted provision · exact public law section
(b) The heading for section 202 of the Act (42 U.S.C. 3012) is amended by striking out “office” and inserting in lieu thereof “administration”. 42 USC 3012.Older Americans Amendments of 1975
Pub. L. 94–135 § 114(c) · 89 Stat. 713
Struck · 42 U.S.C. § 3012(a)(8)
Pub. L. 94–135, § 114(c), struck out “and” after “aged and aging;”
Source evidence
Code amendment note
Subsec. (a)(8). Pub. L. 94–135, § 114(c), struck out “and” after “aged and aging;”.Enacted provision · exact public law section
(c) Section 202(a)(8) of the Act (42 U.S.C. 3022(a)(8)) is amended by striking out “and” at the end thereof.Comprehensive Older Americans Act Amendments of 1978
Pub. L. 95–478 § 102(a)(1) · 92 Stat. 1513
Added · 42 U.S.C. § 3012(a)(1)(4)
Pub. L. 95–478, § 102(a)(1), added par. (1)
Redesignated · 42 U.S.C. § 3012(a)(1)(4)
Pub. L. 95–478, § 102(a)(1), redesignated former pars. (1) to (3) as (2) to (4), respectively. Former par. (4) redesignated (5)
Source evidence
Code amendment note
Subsec. (a)(1) to (4). Pub. L. 95–478, § 102(a)(1), added par. (1) and redesignated former pars. (1) to (3) as (2) to (4), respectively. Former par. (4) redesignated (5).Enacted provision · exact public law section
(1) Section 202(a) is amended by redesignating clauses 42 USC 3012. (1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (13), (14), (15), and (16) as clauses (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (13), (14), (15), (16), and (17), respectively, and by inserting after the dash the following new clause: “(1) serve as the effective and visible advocate for the elderly within the Department of Health, Education, and Welfare and with other departments, agencies, and instrumentalities of the Federal Government by maintaining active review and commenting responsibilities over all Federal policies affecting the elderly;”.Comprehensive Older Americans Act Amendments of 1978
Pub. L. 95–478 title I § 102(a) · 92 Stat. 1513
Redesignated · 42 U.S.C. § 3012(a)(5)
Pub. L. 95–478, §§ 102(a)(1), 503(b)(4)(A), redesignated former par. (4) as (5)
Redesignated · 42 U.S.C. § 3012(a)(5)
Pub. L. 95–478, §§ 102(a)(1), 503(b)(4)(A), substituted “older individuals” for “older persons”. Former par. (5) redesignated (6)
Source evidence
Code amendment note
Subsec. (a)(5). Pub. L. 95–478, §§ 102(a)(1), 503(b)(4)(A), redesignated former par. (4) as (5) and substituted “older individuals” for “older persons”. Former par. (5) redesignated (6).Enacted provision · exact public law section
(a) (1) Section 202(a) is amended by redesignating clauses 42 USC 3012. (1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (13), (14), (15), and (16) as clauses (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (13), (14), (15), (16), and (17), respectively, and by inserting after the dash the following new clause: “(1) serve as the effective and visible advocate for the elderly within the Department of Health, Education, and Welfare and with other departments, agencies, and instrumentalities of the Federal Government by maintaining active review and commenting responsibilities over all Federal policies affecting the elderly;”. (2) Section 202 is amended by redesignating subsection (b), and 42 USC 3012. all references thereto, as subsection (c), and by inserting after subsection (a) the following new subsection: “(b) In order to strengthen the involvement of the Administration in the development of policy alternatives in long-term care and to insure that the development of community alternatives is given priority attention, the Commissioner shall— “(1) develop planning linkages with health systems agencies designated under section 1515 of the Public Health Service Act (42 U.S.C. 3001–4); “(2) participate in all departmental and interdepartmental activities which concern issues of institutional and noninstitutional long-term health care services development; and “(3) review and comment on all departmental regulations and policies regarding community health and social service development for the elderly.”.Comprehensive Older Americans Act Amendments of 1978
Pub. L. 95–478 § 102(a)(1) · 92 Stat. 1513
Redesignated · 42 U.S.C. § 3012(a)(6)
Pub. L. 95–478, § 102(a)(1), redesignated former par. (5) as (6). Former par. (6) redesignated (7)
Source evidence
Code amendment note
Subsec. (a)(6). Pub. L. 95–478, § 102(a)(1), redesignated former par. (5) as (6). Former par. (6) redesignated (7).Enacted provision · exact public law section
(1) Section 202(a) is amended by redesignating clauses 42 USC 3012. (1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (13), (14), (15), and (16) as clauses (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (13), (14), (15), (16), and (17), respectively, and by inserting after the dash the following new clause: “(1) serve as the effective and visible advocate for the elderly within the Department of Health, Education, and Welfare and with other departments, agencies, and instrumentalities of the Federal Government by maintaining active review and commenting responsibilities over all Federal policies affecting the elderly;”.Comprehensive Older Americans Act Amendments of 1978
Pub. L. 95–478 title I § 102(a) · 92 Stat. 1513
Redesignated · 42 U.S.C. § 3012(a)(7)
Pub. L. 95–478, §§ 102(a)(1), 503(b)(4)(A), redesignated former par. (6) as (7)
Redesignated · 42 U.S.C. § 3012(a)(7)
Pub. L. 95–478, §§ 102(a)(1), 503(b)(4)(A), substituted “older individuals” for “older persons”. Former par. (7) redesignated (8)
Source evidence
Code amendment note
Subsec. (a)(7). Pub. L. 95–478, §§ 102(a)(1), 503(b)(4)(A), redesignated former par. (6) as (7) and substituted “older individuals” for “older persons”. Former par. (7) redesignated (8).Enacted provision · exact public law section
(a) (1) Section 202(a) is amended by redesignating clauses 42 USC 3012. (1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (13), (14), (15), and (16) as clauses (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (13), (14), (15), (16), and (17), respectively, and by inserting after the dash the following new clause: “(1) serve as the effective and visible advocate for the elderly within the Department of Health, Education, and Welfare and with other departments, agencies, and instrumentalities of the Federal Government by maintaining active review and commenting responsibilities over all Federal policies affecting the elderly;”. (2) Section 202 is amended by redesignating subsection (b), and 42 USC 3012. all references thereto, as subsection (c), and by inserting after subsection (a) the following new subsection: “(b) In order to strengthen the involvement of the Administration in the development of policy alternatives in long-term care and to insure that the development of community alternatives is given priority attention, the Commissioner shall— “(1) develop planning linkages with health systems agencies designated under section 1515 of the Public Health Service Act (42 U.S.C. 3001–4); “(2) participate in all departmental and interdepartmental activities which concern issues of institutional and noninstitutional long-term health care services development; and “(3) review and comment on all departmental regulations and policies regarding community health and social service development for the elderly.”.Comprehensive Older Americans Act Amendments of 1978
Pub. L. 95–478 § 102(a)(1) · 92 Stat. 1513
Redesignated · 42 U.S.C. § 3012(a)(8)(11)
Pub. L. 95–478, § 102(a)(1), redesignated former pars. (7) to (10) as (8) to (11). Former par. (11) redesignated (12)
Source evidence
Code amendment note
Subsec. (a)(8) to (11). Pub. L. 95–478, § 102(a)(1), redesignated former pars. (7) to (10) as (8) to (11). Former par. (11) redesignated (12).Enacted provision · exact public law section
(1) Section 202(a) is amended by redesignating clauses 42 USC 3012. (1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (13), (14), (15), and (16) as clauses (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (13), (14), (15), (16), and (17), respectively, and by inserting after the dash the following new clause: “(1) serve as the effective and visible advocate for the elderly within the Department of Health, Education, and Welfare and with other departments, agencies, and instrumentalities of the Federal Government by maintaining active review and commenting responsibilities over all Federal policies affecting the elderly;”.Comprehensive Older Americans Act Amendments of 1978
Pub. L. 95–478 title I § 102(a) · 92 Stat. 1513
Redesignated · 42 U.S.C. § 3012(a)(12)
Pub. L. 95–478, §§ 102(a)(1), 503(b)(4), redesignated former par. (11) as (12)
Redesignated · 42 U.S.C. § 3012(a)(12)
Pub. L. 95–478, §§ 102(a)(1), 503(b)(4), substituted “older individuals” and “such individuals” for “older persons” and “such persons”. Former par. (12) redesignated (13)
Source evidence
Code amendment note
Subsec. (a)(12). Pub. L. 95–478, §§ 102(a)(1), 503(b)(4), redesignated former par. (11) as (12) and substituted “older individuals” and “such individuals” for “older persons” and “such persons”. Former par. (12) redesignated (13).Enacted provision · exact public law section
(a) (1) Section 202(a) is amended by redesignating clauses 42 USC 3012. (1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (13), (14), (15), and (16) as clauses (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (13), (14), (15), (16), and (17), respectively, and by inserting after the dash the following new clause: “(1) serve as the effective and visible advocate for the elderly within the Department of Health, Education, and Welfare and with other departments, agencies, and instrumentalities of the Federal Government by maintaining active review and commenting responsibilities over all Federal policies affecting the elderly;”. (2) Section 202 is amended by redesignating subsection (b), and 42 USC 3012. all references thereto, as subsection (c), and by inserting after subsection (a) the following new subsection: “(b) In order to strengthen the involvement of the Administration in the development of policy alternatives in long-term care and to insure that the development of community alternatives is given priority attention, the Commissioner shall— “(1) develop planning linkages with health systems agencies designated under section 1515 of the Public Health Service Act (42 U.S.C. 3001–4); “(2) participate in all departmental and interdepartmental activities which concern issues of institutional and noninstitutional long-term health care services development; and “(3) review and comment on all departmental regulations and policies regarding community health and social service development for the elderly.”.Comprehensive Older Americans Act Amendments of 1978
Pub. L. 95–478 title I § 102(a) · 92 Stat. 1513
Redesignated · 42 U.S.C. § 3012(a)(13)
Pub. L. 95–478, §§ 102(a)(1), 503(b)(4)(A), redesignated former par. (12) as (13)
Redesignated · 42 U.S.C. § 3012(a)(13)
Pub. L. 95–478, §§ 102(a)(1), 503(b)(4)(A), substituted “older individuals” for “older persons”. Former par. (13) redesignated (14)
Source evidence
Code amendment note
Subsec. (a)(13). Pub. L. 95–478, §§ 102(a)(1), 503(b)(4)(A), redesignated former par. (12) as (13) and substituted “older individuals” for “older persons”. Former par. (13) redesignated (14).Enacted provision · exact public law section
(a) (1) Section 202(a) is amended by redesignating clauses 42 USC 3012. (1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (13), (14), (15), and (16) as clauses (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (13), (14), (15), (16), and (17), respectively, and by inserting after the dash the following new clause: “(1) serve as the effective and visible advocate for the elderly within the Department of Health, Education, and Welfare and with other departments, agencies, and instrumentalities of the Federal Government by maintaining active review and commenting responsibilities over all Federal policies affecting the elderly;”. (2) Section 202 is amended by redesignating subsection (b), and 42 USC 3012. all references thereto, as subsection (c), and by inserting after subsection (a) the following new subsection: “(b) In order to strengthen the involvement of the Administration in the development of policy alternatives in long-term care and to insure that the development of community alternatives is given priority attention, the Commissioner shall— “(1) develop planning linkages with health systems agencies designated under section 1515 of the Public Health Service Act (42 U.S.C. 3001–4); “(2) participate in all departmental and interdepartmental activities which concern issues of institutional and noninstitutional long-term health care services development; and “(3) review and comment on all departmental regulations and policies regarding community health and social service development for the elderly.”.Comprehensive Older Americans Act Amendments of 1978
Pub. L. 95–478 § 102(a)(1) · 92 Stat. 1513
Redesignated · 42 U.S.C. § 3012(a)(14)
Pub. L. 95–478, § 102(a)(1), redesignated former par. (13) as (14). Former par. (14) redesignated (15)
Source evidence
Code amendment note
Subsec. (a)(14). Pub. L. 95–478, § 102(a)(1), redesignated former par. (13) as (14). Former par. (14) redesignated (15).Enacted provision · exact public law section
(1) Section 202(a) is amended by redesignating clauses 42 USC 3012. (1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (13), (14), (15), and (16) as clauses (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (13), (14), (15), (16), and (17), respectively, and by inserting after the dash the following new clause: “(1) serve as the effective and visible advocate for the elderly within the Department of Health, Education, and Welfare and with other departments, agencies, and instrumentalities of the Federal Government by maintaining active review and commenting responsibilities over all Federal policies affecting the elderly;”.Comprehensive Older Americans Act Amendments of 1978
Pub. L. 95–478 title I § 102(a) · 92 Stat. 1513
Redesignated · 42 U.S.C. § 3012(a)(15)(17)
Pub. L. 95–478, §§ 102(a)(1), 503(b)(2), redesignated former par. (14) as (15)
Substituted · 42 U.S.C. § 3012(a)(15)(17)
Pub. L. 95–478, §§ 102(a)(1), 503(b)(2), substituted “Age Discrimination in Employment Act of 1967” for “Age Discrimination Act of 1967”
Redesignated · 42 U.S.C. § 3012(a)(15)(17)
Pub. L. 95–478, §§ 102(a)(1), 503(b)(2), redesignated former pars. (15) and (16) as (16) and (17), respectively
Source evidence
Code amendment note
Subsec. (a)(15) to (17). Pub. L. 95–478, §§ 102(a)(1), 503(b)(2), redesignated former par. (14) as (15), substituted “Age Discrimination in Employment Act of 1967” for “Age Discrimination Act of 1967” and redesignated former pars. (15) and (16) as (16) and (17), respectively.Enacted provision · exact public law section
(a) (1) Section 202(a) is amended by redesignating clauses 42 USC 3012. (1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (13), (14), (15), and (16) as clauses (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (13), (14), (15), (16), and (17), respectively, and by inserting after the dash the following new clause: “(1) serve as the effective and visible advocate for the elderly within the Department of Health, Education, and Welfare and with other departments, agencies, and instrumentalities of the Federal Government by maintaining active review and commenting responsibilities over all Federal policies affecting the elderly;”. (2) Section 202 is amended by redesignating subsection (b), and 42 USC 3012. all references thereto, as subsection (c), and by inserting after subsection (a) the following new subsection: “(b) In order to strengthen the involvement of the Administration in the development of policy alternatives in long-term care and to insure that the development of community alternatives is given priority attention, the Commissioner shall— “(1) develop planning linkages with health systems agencies designated under section 1515 of the Public Health Service Act (42 U.S.C. 3001–4); “(2) participate in all departmental and interdepartmental activities which concern issues of institutional and noninstitutional long-term health care services development; and “(3) review and comment on all departmental regulations and policies regarding community health and social service development for the elderly.”.Comprehensive Older Americans Act Amendments of 1978
Pub. L. 95–478 § 102(a)(2) · 92 Stat. 1513
Added · 42 U.S.C. § 3012(b); 42 U.S.C. § 3012(c)
Pub. L. 95–478, § 102(a)(2), added subsec. (b)
Redesignated · 42 U.S.C. § 3012(b); 42 U.S.C. § 3012(c)
Pub. L. 95–478, § 102(a)(2), redesignated former subsec. (b) as (c)
Source evidence
Code amendment note
Subsecs. (b), (c). Pub. L. 95–478, § 102(a)(2), added subsec. (b) and redesignated former subsec. (b) as (c).Enacted provision · exact public law section
(2) Section 202 is amended by redesignating subsection (b), and 42 USC 3012. all references thereto, as subsection (c), and by inserting after subsection (a) the following new subsection: “(b) In order to strengthen the involvement of the Administration in the development of policy alternatives in long-term care and to insure that the development of community alternatives is given priority attention, the Commissioner shall— “(1) develop planning linkages with health systems agencies designated under section 1515 of the Public Health Service Act (42 U.S.C. 3001–4); “(2) participate in all departmental and interdepartmental activities which concern issues of institutional and noninstitutional long-term health care services development; and “(3) review and comment on all departmental regulations and policies regarding community health and social service development for the elderly.”.Older Americans Act Amendments of 1981
Pub. L. 97–115 § 2(b)(1) · 95 Stat. 1595
Substituted · 42 U.S.C. § 3012
Pub. L. 97–115, § 2(b)(1), substituted “Commissioner” for “Administration” in section catchline
Source evidence
Code amendment note
Pub. L. 97–115, § 2(b)(1), substituted “Commissioner” for “Administration” in section catchline.Enacted provision · exact public law section
(1) The heading for section 202 is amended by striking out 42 USC 3012. “administration” and inserting in lieu thereof “commissioner”.Older Americans Act Amendments of 1981
Pub. L. 97–115 § 2(b)(2) · 95 Stat. 1595
Substituted · 42 U.S.C. § 3012(a)(1)
Pub. L. 97–115, § 2(b)(2), substituted “Department of Health and Human Services” for “Department of Health, Education, and Welfare”
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 97–115, § 2(b)(2), substituted “Department of Health and Human Services” for “Department of Health, Education, and Welfare”.Enacted provision · exact public law section
(2) Section 202(a)(1) is amended by striking out “Department of Health, Education, and Welfare” and inserting in lieu thereof “Department of Health and Human Services”.Older Americans Act Amendments of 1981
Pub. L. 97–115 § 2(b)(3) · 95 Stat. 1595
Substituted · 42 U.S.C. § 3012(a)(2)
Pub. L. 97–115, § 2(b)(3), substituted “collect and disseminate” for “serve as a clearinghouse for”
Source evidence
Code amendment note
Subsec. (a)(2). Pub. L. 97–115, § 2(b)(3), substituted “collect and disseminate” for “serve as a clearinghouse for”.Enacted provision · exact public law section
(3) Section 202(a)(2) is amended by striking out “serve as a clearing-house for” and inserting in lieu thereof “collect and disseminate”.Older Americans Act Amendments of 1981
Pub. L. 97–115 · 95 Stat. 1595
Substituted · 42 U.S.C. § 3012(a)(5)
Pub. L. 97–115, §§ 2(b)(4), 3(d), substituted “supportive services” for “social services”
Substituted · 42 U.S.C. § 3012(a)(5)
Pub. L. 97–115, §§ 2(b)(4), 3(d), substituted “hospitalization, education and training services (including preretirement training, and continuing education), low-cost transportation and housing” for “hospitalization, preretirement training, continuing education, low-cost transportation and housing”
Source evidence
Code amendment note
Subsec. (a)(5). Pub. L. 97–115, §§ 2(b)(4), 3(d), substituted “supportive services” for “social services” and “hospitalization, education and training services (including preretirement training, and continuing education), low-cost transportation and housing” for “hospitalization, preretirement training, continuing education, low-cost transportation and housing”.Older Americans Act Amendments of 1981
Pub. L. 97–115 § 2(b)(5) · 95 Stat. 1595
Inserted · 42 U.S.C. § 3012(a)(8)
Pub. L. 97–115, § 2(b)(5), inserted provisions authorizing and directing Administration to take whatever action is necessary to achieve coordination of activities carried out or assisted by all departments, agencies, and instrumentalities of the Federal Government with respect to collection, preparation, and dissemination of information relevant to older individuals
Source evidence
Code amendment note
Subsec. (a)(8). Pub. L. 97–115, § 2(b)(5), inserted provisions authorizing and directing Administration to take whatever action is necessary to achieve coordination of activities carried out or assisted by all departments, agencies, and instrumentalities of the Federal Government with respect to collection, preparation, and dissemination of information relevant to older individuals.Enacted provision · exact public law section
(5) Section 202(a)(8) is amended by inserting before the semicolon at the end thereof the following: “, and take whatever action is necessary to achieve coordination of activities carried out or assisted by all departments, agencies, and instrumentalities of the Federal Government with respect to the collection, preparation, and dissemination of information relevant to older individuals”.Older Americans Act Amendments of 1981
Pub. L. 97–115 § 2(b)(6) · 95 Stat. 1595
Substituted · 42 U.S.C. § 3012(a)(12); 42 U.S.C. § 3012(a)(16)
Pub. L. 97–115, § 2(b)(6), (7), substituted “private organizations” for “nonprofit private organizations”
Source evidence
Code amendment note
Subsec. (a)(12), (16). Pub. L. 97–115, § 2(b)(6), (7), substituted “private organizations” for “nonprofit private organizations”.Enacted provision · exact public law section
(6) Section 202(a)(12) is amended by striking out “nonprofit”.Older Americans Act Amendments of 1981
Pub. L. 97–115 · 95 Stat. 1595
Substituted · 42 U.S.C. § 3012(c)
Pub. L. 97–115, §§ 2(c), 3(d), substituted “Director of the ACTION Agency” for “Director of Action”
Substituted · 42 U.S.C. § 3012(c)
Pub. L. 97–115, §§ 2(c), 3(d), substituted “supportive services” for “social services”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 97–115, §§ 2(c), 3(d), substituted “Director of the ACTION Agency” for “Director of Action” and “supportive services” for “social services”.Older Americans Act Amendments of 1984
Pub. L. 98–459 § 202(a)(1) · 98 Stat. 1767
Substituted · 42 U.S.C. § 3012(a)(5)
Pub. L. 98–459, § 202(a)(1), substituted “establishment and implementation of” for “establishment of and carry out”
Source evidence
Code amendment note
Subsec. (a)(5). Pub. L. 98–459, § 202(a)(1), substituted “establishment and implementation of” for “establishment of and carry out”.Enacted provision · exact public law section
(1) in clause (5) by striking out “of and carry out” and inserting in lieu thereof “and implementation of’,Older Americans Act Amendments of 1984
Pub. L. 98–459 § 202(a)(2) · 98 Stat. 1767
Inserted · 42 U.S.C. § 3012(a)(9)
Pub. L. 98–459, § 202(a)(2), inserted “, including existing legislative protections with particular emphasis on the application of the Age Discrimination in Employment Act of 1967”
Source evidence
Code amendment note
Subsec. (a)(9). Pub. L. 98–459, § 202(a)(2), inserted “, including existing legislative protections with particular emphasis on the application of the Age Discrimination in Employment Act of 1967”.Enacted provision · exact public law section
(2) in clause (9) by inserting after the word “aging” a comma and “including existing legislative protections with particular emphasis on the application of the Age Discrimination in Employment Act of 1967”,Older Americans Act Amendments of 1984
Pub. L. 98–459 § 202(a)(3) · 98 Stat. 1767
Added · 42 U.S.C. § 3012(a)(18)
Pub. L. 98–459, § 202(a)(3)–(5), added par. (18)
Source evidence
Code amendment note
Subsec. (a)(18). Pub. L. 98–459, § 202(a)(3)–(5), added par. (18).Enacted provision · exact public law section
(3) in clause (16) by striking out “and” the last time it appears,Older Americans Act Amendments of 1984
Pub. L. 98–459 § 202(b) · 98 Stat. 1767
Inserted · 42 U.S.C. § 3012(b)(1)
Pub. L. 98–459, § 202(b), inserted “and with utilization and quality control peer review organizations under title XI of the Social Security Act”
Source evidence
Code amendment note
Subsec. (b)(1). Pub. L. 98–459, § 202(b), inserted “and with utilization and quality control peer review organizations under title XI of the Social Security Act”.Enacted provision · exact public law section
(b) Section 202(b)(1) of the Act (42 U.S.C. 3012(b)(1)) is amended by inserting before the semicolon “and with utilization and quality control peer review organizations under title XI of the Social Security Act”.Older Americans Act Amendments of 1984
Pub. L. 98–459 § 202(c) · 98 Stat. 1767
Substituted · 42 U.S.C. § 3012(c)
Pub. L. 98–459, § 202(c), substituted “the duties and functions of the Administration” for “his duties and functions”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 98–459, § 202(c), substituted “the duties and functions of the Administration” for “his duties and functions”.Enacted provision · exact public law section
(c) Section 202(c) of the Act (42 U.S.C. 3012(c)) is amended by striking out “his duties and functions” and inserting in lieu thereof “the duties and functions of the Administration”.Older Americans Act Amendments of 1987
Pub. L. 100–175 § 105(a) · 101 Stat. 926
Inserted · 42 U.S.C. § 3012(a)(5)
Pub. L. 100–175, § 105(a), inserted “(including mental health)” after “health”
Source evidence
Code amendment note
Subsec. (a)(5). Pub. L. 100–175, § 105(a), inserted “(including mental health)” after “health”.Enacted provision · exact public law section
(a) Functions of Commissioner.— Section 202(a)(5) of the Older Americans Act of 1965 (42 U.S.C. 3012(a)(6)) is amended by inserting “(including mental health)” after “health”.Older Americans Act Amendments of 1987
Pub. L. 100–175 title I · 101 Stat. 926
Added · 42 U.S.C. § 3012(a)(19); 42 U.S.C. § 3012(a)(20)
Pub. L. 100–175, §§ 103(a), 155(a), added pars. (19) and (20)
Source evidence
Code amendment note
Subsec. (a)(19), (20). Pub. L. 100–175, §§ 103(a), 155(a), added pars. (19) and (20).Enacted provision · exact public law
TITLE I— AMENDMENTS TO THE OLDER AMERICANS ACT OF 1965 PART A— OBJECTIVES AND ADMINISTRATION SEC. 101. OBJECTIVES. Section 101 of the Older Americans Act of 1965 (42 U.S.C. 3001) is amended— (1) in the matter preceding paragraph (1)— (A) by striking “United States and” and inserting “United States,”, and (B) Indians. by inserting “, and of Indian tribes” after “subdivisions” (2) in paragraph (3) by striking “Suitable” and inserting “Obtaining and maintaining suitable”, (3) in paragraph (7) by striking “Pursuit of” and inserting “Participating in and contributing to”, and (4) in paragraph (10)— (A) by striking “lives and” and inserting “lives,”, and (B) by inserting “, and protection against abuse, neglect, and exploitation” before the period at the end. 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”. SEC. 103. DATA COLLECTION; REPORTS. (a) Collection Required.— Section 202(a) of the Older Americans Act of 1965 (42 U.S.C. 3012(a)) is amended— (1) in paragraph (17) by striking “and” at the end, (2) in paragraph (18) by striking the period at the end and inserting “; and” and (3) by adding at the end the following: “(19) collect for each fiscal year, for fiscal years beginning after September 30, 1988, directly or by contract, statistical data regarding programs and activities carried out with funds provided under this Act, including— “(A) with respect to each type of service provided with such funds— “(i) the aggregate amount of such funds expended to provide such service; “(ii) the number of individuals who received such service; and “(iii) the number of units of such service provided; “(B) the number of senior centers which received such funds; and “(C) the extent to which each area agency on aging designated under section 305(a) satisfied the requirements of paragraphs (2) and (5)(A) of section 306(a).”. (b) Reports.— The last sentence of section 207(a) of the Older Americans Act of 1965 (42 U.S.C. 3018(a)) is amended to read as follows: “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 202(a)(19); “(3) an analysis of the information received under section 306(b)(2)(D) by the Commissioner; and “(4) statistical data and an analysis of information regarding State and local governments. Minorities. Handicapped persons. the effectiveness of the State agency and area agencies on aging in targeting services to older individuals with the greatest economic or social needs, with particular attention to low-income minority individuals, low-income individuals, and frail individuals (including individuals with any physical or mental functional impairment).”. (c) Report to Congress on Ombudsman Program.— Section 207 of the Older Americans Act of 1965 (42 U.S.C. 3018) is amended by striking subsection (b) and inserting the following: “(b) (1) Not later than January 15 of each year, the Commissioner shall compile a report— “(A) summarizing and analyzing the data collected under section 307(a)(12)(C) 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 State and local governments. ombudsman programs of the States; and “(D) making recommendations regarding legislation and administrative actions to resolve such problems. “(2) The Commissioner shall submit the report required by paragraph (1) to— “(A) the Select Committee on Aging of the House of Representatives; “(B) the Special Committee on Aging of the Senate; “(C) the Committee on Education and Labor of the House of Representatives; and “(D) the Committee on Labor and Human Resources of the Senate. “(3) The Commissioner shall provide the report required by paragraph 0), and make the State reports required by section 307(a)(12)(H)(i) available, to— “(A) the Administrator of the Health Care Finance Administration; “(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 Administrator of the Veterans’ Administration; and “(E) the public agencies and private organizations designated under section 307(a)(12)(A).”. SEC. 104. VETERANS’ PROGRAMS. (a) Consultation.— Section 203(b) of the Older Americans Act of 1965 (42 U.S.C. 3013(b)) is amended— (1) in paragraph (13) by striking “and” at the end, (2) in paragraph (14) by striking the period at the end and inserting “, and”: and (3) by adding at the end the following: “(15) parts II and III of title 38, United States Code.”. (b) Technical Assistance and Cooperation Under Title III.— Section 301(b)(2) of the Older Americans Act of 1965 (42 U.S.C. 3021(b)(2)) is amended by inserting “, the Veterans’ Administration,” after “Office of Community Services”. (c) Area Plans.— Section 306(a)(6)(F) of the Older Americans Act of 1965 (42 U.S.C. 3026(a)(6)(F)) is amended by inserting “providers of veterans’ health care (if appropriate),” after “elected officials,”. (d) Technical Assistance and Cooperation Under Title IV.— Section 402(b) of the Older Americans Act of 1965 (42 U.S.C. 3030bb(b)) is amended by inserting “the Veterans’ Administration,” after “National Institutes of Health,”. SEC. 105. MENTAL HEALTH. (a) Functions of Commissioner.— Section 202(a)(5) of the Older Americans Act of 1965 (42 U.S.C. 3012(a)(6)) is amended by inserting “(including mental health)” after “health”. (b) Federal Agency Consultation.— Grants. Section 203(b)(10) of the Older Americans Act of 1965 (42 U.S.C. 3013(b)(10)) is amended by inserting “, including block grants under title XIX of such Act” before the comma. (c) Administration of Title III.— Section 301(b)(2) of the Older Americans Act of 1965 (42 U.S.C. 3021(b)(2)), as amended by section 104(b), is amended by inserting “the Alcohol, Drug Abuse, and Mental Health Administration,” after “Veterans’ Administration,”. (d) Administration of Title IV.— Section 402(b) of the Older Americans Act of 1965 (42 U.S.C. 3030bb(b)), as amended by section 104(d), is amended by inserting “Alcohol, Drug Abuse, and Mental Health Administration,” after “Veterans’ Administration,”. (e) Education and Training.— (1) Section 411(a)(1) of the Older Americans Act of 1965 (42 U.S.C. 3031(a)(1)) is amended by inserting “(including mental health)” after “health”. (2) The first sentence of section 412(a) of the Older Americans Act of 1965 (42 U.S.C. 3032(a)) is amended by inserting “(including mental health)” after “health”. (f) Special Projects in Comprehensive Longterm Care.— The second sentence of section 423(a)(3) of the Older Americans Act of 1965 (42 U.S.C. 3035b(a)(3)) is amended by inserting “mental health services;” after “in-home services;”. SEC. 106. OLDER INDIVIDUALS WITH DISABILITIES. (a) Planning.— Section 202(b)(1) of the Older Americans Act of 1965 (42 U.S.C. 3012(b)(1)) is amended— (1) by striking “and” and inserting a comma, and (2) by inserting after “Act” the following: “, with the Alcohol, Drug Abuse, and Mental Health Administration and the Administration on Developmental Disabilities”. (b) Agency Consultation.— Section 203(b) of the Older Americans Act of 1965 (42 U.S.C. 3013(b)), as amended by section 104(a), is amended— (1) in paragraph (14) by striking “and” at the end, (2) in paragraph (16) by striking the period at the end and inserting a comma, and (3) by adding after paragraph (15) the following: “(16) the Rehabilitation Act of 1973, and “(17) the Developmental Disabilities and Bill of Rights Act.”. (c) Evaluation.— The second sentence of section 206(c) of the Older Americans Act of 1965 (42 U.S.C. 3017(c)) is amended by inserting “and older individuals with disabilities” before the period at the end. SEC. 107. OLDER NATIVE AMERICANS. (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.”. (b) Federal Council on Aging.— The third sentence of section 204(a)(1) of the Older Americans Act of 1965 (42 U.S.C. 3015(a)(1)) is amended by inserting “Indian tribes” after “minorities”. (c) Contracting Authority.— Section 212 of the Older Americans Act of 1965 (42 U.S.C. 3020c) is amended by inserting after “State agency” the following: “(or in the case of a grantee under title VI, subject to the recommendation of the Associate Commissioner on American Indian, Alaskan Native, and Native Hawaiian Aging and the approval of the Commissioner)”. SEC. 108. FEDERAL COUNCIL ON AGING. (a) Membership.— The fourth sentence of section 204(a)(1) of the Older Americans Act of 1965 (42 U.S.C. 8015(a)(1)) is amended by striking “two” and inserting “three”. (b) Reauthorization.— Section 204(g) of the Older Americans Act of 1965 (42 U.S.C. 3015(g)) is amended to read as follows: “(g) Appropriation authorizations. There are authorized to be appropriated to carry out the provisions of this section $210,000 for the fiscal year 1988, $221,000 for the fiscal year 1989, $282,000 for the fiscal year 1990, and $243,000 for the fiscal year 1991.”. SEC. 109. REGULATIONS. Section 205(c) of the Older Americans Act of 1965 (42 U.S.C. 3016(c)) is amended by striking “1984” and inserting “1987”. SEC. 110. PUBLICATION OF GOALS. Section 205 of the Older Americans Act of 1965 (42 U.S.C. 3016) is amended— (1) by redesignating subsection (d) as subsection (e), and (2) by inserting after subsection (c) the following: “(d) Not later than September 1 of each fiscal year, the Commissioner 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 Act in the first fiscal year beginning after the date on which such statement is made available.”. SEC. 111. ASSESSMENT OF UNSATISFIED DEMAND FOR SUPPORTIVE SERVICES PROVIDED AT SENIOR CENTERS AND OTHER SITES. (a) Report.— 42 USC 3027 note. Not later than September 30, 1989, the Commissioner on Aging shall submit to the Congress a report— (1) assessing the national unmet need for supportive services, nutrition services, and multipurpose senior centers by summarizing in detail for each State the results of the most recent evaluation conducted by the State agency under the then current plan (including any revision thereof) submitted under section 307(a)(8)(A) of the Older Americans Act of 1965 (42 U.S.C. 3027(a)(3)(A)), and (2) containing the recommendations of the Secretary with respect to the need for administrative action and legislation relating to satisfying the demand for supportive services provided at senior centers established under such title and at other sites. (b) Issuance of Regulations.— For purposes of obtaining adequate information to be included in the report required by subsection (a), the Commissioner on Aging shall issue, under the authority of section 307(a) of the Older Americans Act of 1965 (42 U.S.C. 3027(a)), such regulations as may be necessary to ensure that the evaluations required to be summarized in such report include data that are objectively collected and statistically valid. PART B— GRANTS FOR SUPPORTIVE SERVICES, NUTRITION, AND OTHER ACTIVITIES SEC. 121. PURPOSE. Section 301(a) of the Older Americans Act of 1965 (42 U.S.C. Indians. 3021(a)) is amended by inserting “, with Indian tribes, tribal organizations, and Native Hawaiian organizations,” after “agencies” the second place it appears. SEC. 122. REAUTHORIZATION FOR STATE AND COMMUNITY PROGRAMS ON AGING. (a) Supportive Services and Senior Centers.— Section 303(a) of the Older Americans Act of 1965 (42 U.S.C. 3023(a)) is amended to read as follows: “(a) There are authorized to be appropriated $379,575,000 for the fiscal year 1988, $398,554,000 for the fiscal year 1989, $418,481,000 for the fiscal year 1990, and $439,406,000 for the fiscal year 1991, for the purpose of making grants under part B of this title (relating to supportive services and senior centers).”. (b) Nutrition Services.— Section 303(b) of the Older Americans Act of 1965 (42 U.S.C. 3023(b)) is amended to read as follows: “(b) (1) There are authorized to be appropriated $414,750,000 for the fiscal year 1988, $435,488,000 for the fiscal year 1989, $457,262,000 for the fiscal year 1990, and $480,125,000 for the fiscal year 1991, for the purpose of making grants under subpart 1 of part C of this title (relating to congregate nutrition services). “(2) There are authorized to be appropriated $79,380,000 for the fiscal year 1988, $83,349,000 for the fiscal year 1989, $87,516,000 for the fiscal year 1990, and $91,892,000 for the fiscal year 1991, for the purpose of making grants under subpart 2 of part C of this title (relating to home delivered nutrition services).”. (c) Surplus Commodities Program.— (1) Section 311(a)(4) of the Older Americans Act of 1965 (42 U.S.C. 3030a(a)(4)) is amended— (A) by striking “fiscal year 1986 and during each fiscal year thereafter” and inserting “fiscal years 1986 through 1991”, and (B) by striking the second and third sentences. (2) Subparagraph (A) of section 311(c)(1) of the Older Americans Act of 1965 (42 U.S.C. 3030a(c)(1)(A)) is amended to read as follows: “(A) There are authorized to be appropriated $151,000,000 for the fiscal year 1988, $166,000,000 for the fiscal year 1989, $183,000,000 for the fiscal year 1990, and $201,000,000 for the fiscal year 1991, to carry out the provisions of this section (other than subsection (a)(1)).”. SEC. 123. ADMINISTRATIVE EXPENSES OF AREA AGENCIES ON AGING. Section 304(d)(1)(A) of the Older Americans Act of 1965 (42 U.S.C. 3024.(d)(1)(A)) is amended by striking “8.5” and inserting “10”. SEC. 124. AREA AGENCIES ON AGING AS SEPARATE UNITS. Section 305(c) of the Older Americans Act of 1965 (42 U.S.C. 3025(c)) is amended— (1) in paragraph (2) by inserting “to function only” after “designated”, (2) in paragraph (3) by inserting “only” after “act”, and (3) in paragraph (4)— (A) by inserting “, or any separate organizational unit within such agency,” after “area” the first place it appears, and (B) by striking “engage” and inserting “and will engage only”. SEC. 125. AREA PLANS. Section 306(a)(6)(A) of the Older Americans Act of 1965 (42 U.S.C. 3026(a)(6)(A)) is amended by inserting “, and public hearings on,” after “evaluations of”. SEC. 126. DAYCARE AND RESPITE SERVICES PROVIDED BY VOLUNTEERS. Section 306(a)(6)(E) of the Older Americans Act of 1965 (42 U.S.C. 3026(a)(6)(E)) is amended— (1) by inserting “or adults, and respite for families,” after “for children”, and (2) by inserting “, adults, and families” after “to children”. SEC. 127. COORDINATION OF CERTAIN PROGRAMS RELATING TO OLDER VICTIMS OF ALZHEIMER’S DISEASE. Section 306(a)(6) of the Older Americans Act of 1965 (42 U.S.C. 3026(a)(6)) is amended— (1) in subparagraph (J) by striking “and” at the end, (2) in subparagraph (K) by striking the period at the end and inserting “; and”, and (3) by adding at the end the following: “(L) coordinate the categories of services specified in paragraph (2) for which the area agency on aging is required to expend funds under part B, with activities of community-based organizations established for the benefit of victims of Alzheimer’s disease and the families of such victims.”. SEC. 128. PUBLIC HEARINGS. Section 307(a)(8) of the Older Americans Act of 1965 (42 U.S.C. 3027(a)(8)) is amended by inserting “, and public hearings on,” after “evaluations or”. SEC. 129. OMBUDSMAN OFFICE AND PROGRAM. (a) Technical Assistance.— Section 301 of the Older Americans Act of 1965 (42 U.S.C. 3021) is amended by adding at the end the following: “(c) State and local governments. Contracts. Grants. The Commissioner shall provide technical assistance and training (by contract, grant, or otherwise) to State long-term care ombudsman programs established under section 307(a)(12), and to individuals designated under such section 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.”. (b) Study of Ombudsman Program.— (1) 42 USC 3027 note. The Commissioner on Aging shall conduct a study concerning involvement in the ombudsman program established under section 307(a)(12) of the Older Americans Act of 1965 (42 U.S.C. 3027(a)(12)) and its impact upon issues and problems affecting— (A) residents of board and care facilities and other similar adult care homes who are older individuals (as defined in section 302(10) of such Act), including recommendations for expanding and improving ombudsman services in such facilities, and (B) the effectiveness of recruiting, supervising, and retaining Voluntarism. volunteer ombudsmen. (2) The Commissioner shall prepare and submit a report to the Reports. Congress on the findings and recommendations of the study described in paragraph (1) not later than December 31, 1989. (c) Authorization of Appropriations.— (1) Section 303(a) of the Older Americans Act of 1965 (42 U.S.C. 3023(a)), as amended by section 122(a), is amended— (A) by inserting “(1)” after “(a)”, and (B) by adding at the end the following: “(2) Subject to subsection (h), there are authorized to be appropriated $20,000,000 for fiscal year 1988 and such sums as may be necessary for each of the fiscal years 1989, 1990, and 1991 to carry out section 307(a)(12).”. (2) Section 308(b)(5) of the Older Americans Act of 1965 (42 U.S.C. 3028(b)(5)) is amended— (A) in subparagraph (A) by striking “subsection (a)” and inserting “subsection (a)(1)”, and (B) in subparagraph (B) by inserting “subsections (a)(1) and (b) of” after “under” the first place it appears. (d) State Plans.— Section 307(a)(12) of the Older Americans Act of 1965 (42 U.S.C. 3027(a)(12)) is amended to read as follows: “(12) The plan shall provide the following assurances, with respect to a long-term care ombudsman program: “(A) The State agency will establish and operate, either Contracts. directly or by contract or other arrangement with any public agency or other appropriate private nonprofit organization. other than an agency or organization which is responsible for licensing or certifying long-term care services in the State or which is an association (or an affiliate of such an association) of long-term care facilities (including any other residential facility for older individuals), an Office of the State Long-Term Care Ombudsman (in this paragraph referred to as the ‘Office’) and shall carry out through the Office a long-term care ombudsman program which provides an individual who will, on a full-time basis— “(i) investigate and resolve complaints made by or on behalf of older individuals who are residents of long-term care facilities relating to action, inaction or decisions of providers, or their representatives, of long-term care services, of public agencies, or of social service agencies, which may adversely affect the health, safety, welfare, or rights of such residents; “(ii) provide for training staff and volunteers and promote the development of citizen organizations to participate in the ombudsman program; and “(iii) carry out such other activities as the Commissioner deems appropriate. “(B) The State agency will establish procedures for appropriate Classified information. access by the ombudsman to long-term care facilities and patients’ records, including procedures to protect the confidentiality of such records and ensure that the identity of any complainant or resident will not be disclosed without the written consent of such complainant or resident, or upon court order. “(C) The State agency will establish a statewide uniform reporting system to collect and analyze data relating to complaints and conditions in long-term care facilities for the purpose of identifying and resolving significant problems, with provision for submission of such data to the agency of the State responsible for licensing or certifying long-term care facilities in the State and to the Commissioner on a regular basis. “(D) The State agency will establish procedures to assure that any files maintained by the ombudsman program shall be disclosed only at the discretion of the ombudsman having authority over the disposition of such files, except that the identity of any complainant or resident of a long-term care facility shall not be disclosed by such ombudsman unless— “(i) such complainant or resident, or the individual’s legal representative, consents in writing to such disclosure; or “(ii) such disclosure is required by court order. “(E) In planning and operating the ombudsman program, the State agency will consider the views of area agencies on aging, older individuals, and provider agencies. “(F) The State agency will— “(i) ensure that no individual involved in the designation of the long-term care ombudsman (whether by appointment or otherwise) or the designation of the head of any subdivision of the Office is subject to a conflict of interest; “(ii) ensure that no officer, employee, or other representative of the Office is subject to a conflict of interest; and “(iii) ensure that mechanisms are in place to identify and remedy any such or other similar conflicts. “(G) The State agency will— “(i) ensure that adequate legal counsel is available to the Office for advice and consultation and that legal representation is provided to any representative of the Office against whom suit or other legal action is brought in connection with the performance of such representative’s official duties; and “(ii) ensure that the Office has the ability to pursue administrative, legal, and other appropriate remedies on behalf of residents of long-term care facilities. “(H) The State agency will require the Office to— “(i) Reports. prepare an annual report containing data and findings regarding the types of problems experienced and complaints received by or on behalf of individuals residing in long-term care facilities, and to provide policy, regulatory, and legislative recommendations to solve such problems, resolve such complaints, and improve the quality of care and life in long-term care facilities; “(ii) analyze and monitor the development and implementation of Federal, State, and local laws, regulations, and policies with respect to long-term care facilities and services in that State, and recommend any changes in such laws, regulations, and policies deemed by the Office to be appropriate; “(iii) provide information to public agencies, legislators Public information. , and others, as deemed necessary by the Office, regarding the problems and concerns, including recommendations related to such problems and concerns, of older individuals residing in long-term care facilities; “(iv) provide for the training of the Office staff Education. , including volunteers and other representatives of the Office, in— “(I) Federal, State, and local laws, regulations, and policies with respect to long-term care facilities in the State; “(II) investigative techniques; and “(III) such other matters as the State deems appropriate; “(v) coordinate ombudsman services with the protection Health and medical care. Handicapped persons. and advocacy systems for individuals with developmental disabilities and mental illness established under part A of the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6001 et seq.) and under the Protection and Advocacy for Mentally Ill Individuals Act of 1986 (Public Law 99–319); and “(vi) include any area or local ombudsman entity designated by the State Long-Term Care Ombudsman as a subdivision of the Office. Any representative of an entity designated in accordance with the preceding sentence (whether an employee or an unpaid volunteer) shall be treated as a representative of the Office for purposes of this paragraph. “(I) The State will ensure that no representative of the Office will be liable under State law for the good faith performance of official duties. “(J) The State will— “(i) ensure that willful interference with representatives of the Office in the performance of their official duties (as defined by the Commissioner) shall be unlawful; “(ii) prohibit retaliation and reprisals by a long-term care facility or other entity with respect to any resident or employee for having filed a complaint with, or providing information to, the Office; “(iii) provide for appropriate sanctions with respect to such interference, retaliation, and reprisals; and “(iv) ensure that representatives of the Office shall have— “(I) access to long-term care facilities and their residents; and “(II) with the permission of a resident or resident’s legal guardian, have access to review the resident’s medical and social records or, if a resident is unable to consent to such review and has no legal guardian, appropriate access to the resident’s medical and social records. “(K) The State agency will prohibit any officer, employee, or other representative of the Office to investigate any complaint filed with the Office unless the individual has received such training as may be required under subparagraph (G)(iv) and has been approved by the long-term care ombudsman as qualified to investigate such complaints.”. (e) Minimum Expenditure for Ombudsman Services.— Section 307(a)(21) of the Older Americans Act of 1965 (42 U.S.C. 3027(a)(21)) is amended to read as follows: “(21) The State plan shall provide that the State agency, from funds allotted under section 304(a) for part B and for paragraph (12) (relating to the State long-term care ombudsman) shall expend to carry out paragraph (12), for each fiscal year in which the allotment for part B for the State is not less than the allotment for fiscal year 1987 for part B for such State, an amount which is not less than the amount expended from funds received under this Act by such State in fiscal year 1987 to carry out paragraph (12) as in effect before the effective date of the Older Americans Act Amendments of 1987. This paragraph shall not apply to American Samoa, Guam, the Virgin Islands, the Trust Territory of the Pacific Islands, and the Commonwealth of the Northern Mariana Islands.”. SEC. 130. FLEXIBILITY OF SERVICES; LEGAL ASSISTANCE. (a) Area Plans.— (1) Section 306(a)(2) of the Older Americans Act of 1965 (42 U.S.C. 3026(a)(2)) is amended by inserting “, as required under section 307(a)(22),” after “adequate proportion”. (2) Section 306(b)(2) of the Older Americans Act of 1965 (42 U.S.C. 3026(b)(2)) is amended by adding at the end the following: “(C) State and local governments. Whenever the State agency proposes to grant a waiver to an area agency under this subsection, the State agency shall publish the intention to grant such a waiver together with the justification for the waiver at least 30 days prior to the effective date of the decision to grant the waiver. An individual or a service provider from the area with respect to which the proposed waiver applies is entitled to request a hearing before the State agency on the request to grant such waiver. If, within the 30-day period described in the first sentence of this subparagraph, an individual or service provider requests a hearing under this subparagraph, the State agency shall afford such individual or provider an opportunity for a hearing. “(D) State and local governments. If the State agency waives the requirement described in clause (2) of subsection (a), the State agency shall provide to the Commissioner— “(i) Reports. a report regarding such waiver that details the demonstration made by the area agency on aging to obtain such waiver; “(ii) Records. a copy of the record of the public hearing conducted pursuant to subparagraph (A); and “(iii) a copy of the record of any public hearing conducted pursuant to subparagraph (C).”. (b) Minimum Expenditure of Funds.— Section 307(a) of the Older Americans Act of 1965 (42 U.S.C. 3027(a)) is amended by adding at the end the following: “(22) The plan shall specify a minimum percentage of the funds received by each area agency for part B that will be expended, in the absence of the waiver granted under section 806(b)(1), by such area agency to provide each of the categories of services specified in section 306(a)(2).”. SEC. 131. DOCUMENTATION REGARDING MINORITY PARTICIPATION. (a) Area Plans.— Section 306(a)(5)(A) of the Older Americans Act of 1965 (42 U.S.C. 3026(a)(5)(A)) is amended— (1) by inserting “(i)” after “(5)(A)”, and (2) in subparagraph (A)(i), as so redesignated— (A) by striking “and” at the end, and (B) by inserting after clause (i) the following: “(ii) provide assurances that the area agency will include in each agreement made with a provider of any service under this title, a requirement that such provider will— “(I) specify how the provider intends to satisfy the service needs of low-income minority individuals in the area served by the provider; and “(II) attempt to provide services to low-income minority individuals in at least the same proportion as the population of low-income minority older individuals bears to the population of older individuals of the area served by such provider; and “(iii) with respect to the fiscal year preceding the fiscal year for which such plan is prepared— “(I) identify the number of low-income minority older individuals in the planning and service area; and “(II) describe the methods used to satisfy the service needs of such minority older individuals; and”. (b) State Plan.— Section 307(a) of the Older Americans Act of 1965 (42 U.S.C. 3027(a)), as amended by section 130(c), is amended by adding at the end the following: “(23) The plan shall, with respect to the fiscal year preceding the fiscal year for which such plan is prepared— “(A) identify the number of low-income minority older individuals in the State; and “(B) describe the methods used to satisfy the service needs of such minority older individuals.”. SEC. 132. TARGETING OF SERVICES. (a) Organization.— (1) Section 305(a)(1)(E) of the Older Americans Act of 1965 (42 U.S.C. 3025(a)(1)(E)) is amended— (A) by striking “the distribution of older individuals who have low incomes residing in such areas”, and (B) by inserting after “legal services,” the following: “the distribution of older individuals who have greatest economic need (with particular attention to low-income minority individuals) residing in such areas, the distribution of older individuals who have greatest social need (with particular attention to low-income minority individuals) residing in such areas,”. (2) Section 305(a)(2) of the Older Americans Act of 1965 (42 U.S.C. 3025(a)(2)) is amended— (A) in subparagraph (D) by striking “and” at the end, (B) in subparagraph (E) by striking the period at the end and inserting “; and” and (C) by inserting after subparagraph (E) the following: “(F) assure the use of outreach efforts that will identify individuals eligible for assistance under this Act, with special emphasis on older individuals with the greatest economic or social needs (with particular attention to low-income minority individuals) and inform such individuals of the availability of such assistance.”. (b) Area Plans.— Section 306(a) of the Older Americans Act of 1965 (42 U.S.C. 3026(a)) is amended— (1) in paragraph (1) by inserting after “residing in such area” the following: “, the number of older individuals who have greatest economic need (with particular attention to low-income minority individuals) residing in such area, the number of older individuals who have greatest social need (with particular attention to low-income minority individuals) residing in such area,”, (2) in paragraph (5)(B) by inserting after “rural elderly,” the following: “older individuals who have greatest economic need (with particular attention to low-income minority individuals), older individuals who have greatest social need (with particular attention to low-income minority individuals),”, and (3) in paragraph (6)(A) by inserting before the semicolon at the end the following: “and an annual evaluation of the effectiveness of outreach conducted under paragraph (5)(B)”. (c) State Plan.— Section 307(a) of the Older Americans Act of 1965 (42 U.S.C. 3027(a)), as amended by sections 130(c) and 131(b), is amended— (1) in paragraph (8) by inserting before the semicolon the following: “, including an evaluation of the effectiveness of the State agency in reaching older individuals with the greatest economic or social needs, with particular attention to low-income minority individuals”, and (2) by adding at the end the following: “(24) The plan shall provide assurances that the State agency will require outreach efforts that will— “(A) identify older individuals who are eligible for assistance under this title, with special emphasis on older individuals with greatest economic need (with particular attention to low-income minority individuals), older individuals with greatest social need (with particular attention to low-income minority individuals), and older individuals who reside in rural areas; and “(B) inform such individuals of the availability of such assistance.”. SEC. 133. COORDINATION RELATING TO MENTAL HEALTH SERVICES. Section 306(a)(6) of the Older Americans Act of 1965 (42 U.S.C. 3026(a)(6)), as amended by section 127, is amended— (1) in subparagraph (K) by striking “and”, and (2) in subparagraph (L) by striking the period at the end and inserting “; and”, and (3) by adding at the end the following: “(M) coordinate any mental health services provided with funds expended by the area agency on aging for part B with the mental health services provided by community health centers and by other public agencies and nonprofit private organizations.”. SEC. 134. SERVICES TO OLDER NATIVE AMERICANS. (a) Organization.— (1) Section 805(a)(1)(E) of the Older Americans Act of 1965 (42 U.S.C. 8025(a)(1)(E)), as amended by section 132(a)(1), is amended by inserting “the distribution of older Indians residing in such areas,” after “such areas,” the second place it appears. (2) Section 306(a)(1) of the Older Americans Act of 1965 (42 U.S.C. 3026(a)(1)), as amended by section 132(b)(1), is amended by inserting “, and the number of older Indians residing in such area,” before “and” the last place it appears in the parenthetical. (b) Area Plans.— Section 306(a)(6) of the Older Americans Act of 1965 (42 U.S.C. 3026(a)(6)), as amended by sections 127 and 133, is amended— (1) by striking “and” at the end of subparagraph (L), (2) by striking the period at the end of subparagraph (M) and inserting “; and”, and (3) by adding at the end the following: “(N) if there is a significant population of older Indians in the planning and service area of the area agency, the area agency shall conduct outreach activities to identify older Indians in such area and shall inform such older Indians of the availability of assistance under this Act.”. (c) Education and Training.— (1) Section 402 of the Act (42 U.S.C. 3030bb) is amended by adding at the end the following: “(c) The Commissioner shall ensure that grants and contracts Grants. Contracts. under this title are equitably awarded to agencies, organizations, and institutions representing minorities.”. (2) Section 410(5) of the Older Americans Act of 1965 (42 U.S.C. 3030jj(5)) is amended by inserting “(including centers of gerontology to improve, enhance, and expand minority personnel and training programs)” after “gerontology”. (3) Section 411(a) of the Older Americans Act of 1965 (42 U.S.C. 3031(a)) is amended by adding at the end the following: “(4) To provide in-service training opportunities and courses of instruction on aging to Indian tribes through public and nonprofit Indian aging organizations.”. (4) The matter in parentheses in the first sentence of section 412(a) of the Older Americans Act of 1965 (42 U.S.C. 3032(a)) is amended— (A) by striking “and” and inserting a comma, and (B) by inserting “and minority populations” after “services”. (5) Section 423(a) of the Older Americans Act of 1965 (42 U.S.C. 3035b(a)) is amended by adding at the end the following: “(4) The Commissioner shall ensure that grants and contracts Grants. Contracts. under this section are equitably awarded to agencies, organizations, and institutions representing minorities.”. (6) Section 426(a) of the Older Americans Act of 1965 (42 U.S.C. 3035d(a)) is amended— (A) by striking “(1)” and “(2)” and inserting “(A)” and “(B)”, respectively, (B) by inserting “(1)” after “(a)”, and (C) by adding at the end the following: “(2) The Commissioner shall carry out, directly or through grants Grants. Contracts. or contracts, special training programs and technical assistance designed to improve services to minorities.”. (d) Task Force.— (1) The Commissioner on Aging shall establish a 42 USC 3057b note. 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 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 Reports. of this Act. Such findings and recommendations shall be included in the annual report required by section 207(a) of the Older Americans Act of 1965 to be submitted by the Commissioner. (e) Special Report on Services for Older Indians.— (1) Contracts. 42 USC 3067b note. The Commissioner on Aging shall enter into a contract with a public agency or nonprofit private organization to conduct a thorough study of the availability and quality of services under the Older Americans Act of 1965 to older Indians. The study shall include— (A) an analysis of how many Indians now participate in programs under titles III and VI of such Act as compared to how many older Indians are eligible to participate in such programs, (B) Grants. a description of how grants under titles III and VI of such Act are made to Indian tribes and how services are made available to older Indians, and (C) a determination of what services are currently provided through title VI of such Act to older Indians and how well the Administration on Aging assures that supportive services under title VI of such Act to Indians are commensurate with supportive services under title III of such Act with special consideration to information and referral services, legal services, transportation services, and the ombudsman services. (2) Not later than December 31, 1988, the Commissioner on Aging shall prepare and submit to the Congress a report on the study required by this subsection, together with such recommendations, including recommendations for legislation, as the Commissioner considers to be appropriate. SEC. 135. OUTREACH REGARDING TUITION-FREE POST-SECONDARY EDUCATION. Section 306(a)(6) of the Older Americans Act of 1965 (42 U.S.C. 3026(a)(6)), as amended by sections 127, 133, and 134(b), is amended— (1) in subparagraph (M) by striking “and” at the end, (2) in subparagraph (N) by striking the period at the end and inserting “; and”, and (3) by adding at the end the following: “(O) (i) compile available information on institutions of higher education in the planning and service area regarding— “(I) the courses of study offered to older individuals by such institutions; and “(II) the policies of such institutions with respect to the enrollment of older individuals with little or no payment of tuition, on a space available basis, or on another special basis; and include in such compilation such related supplementary information as may be necessary; and “(ii) based on the results of such compilation, make a summary of such information available to older individuals at multipurpose senior centers, congregate nutrition sites, and other appropriate places.”. SEC. 136. SERVICES TO INDIVIDUALS WITH DISABILITIES. (a) Definitions.— (1) Section 102 of the Older Americans Act of 1965 (42 U.S.C. 3002) is amended by adding at the end the following: “(8) The term ‘disability’ means (except when such term is used in the phrase ‘severe disability’, ‘developmental disabilities’, ‘physical or mental disability’, ‘physical and mental disabilities’, or ‘physical disabilities’) a disability attributable to mental or physical impairment, or a combination of mental and physical impairments, that results in substantial functional limitations in 1 or more of the following areas of major life activity: (A) self-care, (B) receptive and expressive language, (C) learning, (D) mobility, (E) self-direction, (F) capacity for independent living, (G) economic selfsufficiency, (H) cognitive functioning, and (D emotional adjustment. “(9) The term ‘severe disability’ means a severe, chronic disability attributable to mental or physical impairment, or a combination of mental and physical impairments, that— “(A) is likely to continue indefinitely; and “(B) results in substantial functional limitation in 3 or more of the major life activities specified in subparagraphs (A) through (G) of paragraph (8).”. (2) Section 302(11) of the Older Americans Act of 1965 (42 U.S.C. 3022(11)) is amended by inserting “(including mental health)” after “health”. (b) Area Plans.— Section 306(a)(5)(B) of the Older Americans Act of 1965 (42 U.S.C. 3026(a)(5)(B)), as amended by section 132(b)(2), is amended by inserting “and older individuals with severe disabilities,” after “individuals),” the second place it appears. (c) State Plans.— (1) Section 307(a)(13)(I) of the Older Americans Act of 1965 (42 U.S.C. 3027(a)(13)(1)) is amended by inserting before the semicolon at the end the following: “, and to individuals with disabilities who reside at home with and accompany older individuals who are eligible under this Act”. (2) Section 307(a) of the Older Americans Act of 1965 (42 U.S.C. 3027(a)), as amended by sections 180(c), 131(b), and 132(c), is amended by adding at the end the following: “(25) The plan shall provide, with respect to the needs of older individuals with severe disabilities, assurances that the State will coordinate planning, identification, assessment of needs, and service for older individuals with disabilities with particular attention to individuals with severe disabilities with the State agencies with primary responsibility for individuals with disabilities, including severe disabilities, and develop collaborative programs, where appropriate, to meet the needs of older individuals with disabilities.”. (d) Supportive Services.— (1) Section 321(a)(1) of the Older Americans Act of 1965 (42 U.S.C. 3030d(a)(1)) is amended by inserting after “health” the following: “(including mental health)”. (2) Section 321(a)(4)(B) of the Older Americans Act of 1965 (42 U.S.C. 3030d(a)(4)(B)) is amended by striking “suffering from physical disabilities” and inserting “who have physical disabilities”. SEC. 137. CONFIDENTIALITY OF INFORMATION RELATING TO LEGAL ASSISTANCE PROVIDED. (a) Area Agency on Aging.— Section 306 of the Older Americans Act of 1965 (42 U.S.C. 3026) is amended by adding at the end the following: “(d) An area agency on aging may not require any provider of legal assistance under this title to reveal any information that is protected by the attorney-client privilege.”. (b) State and State Agency.— Section 307 of the Older Americans Act of 1965 (42 U.S.C. 3027) is amended by adding at the end the following: “(g) Neither a State, nor a State agency, may require any provider of legal assistance under this title to reveal any information that is protected by the attorney-client privilege.”. SEC. 138. COORDINATION OF COMMUNITY-BASED SERVICES. Section 307(a) of the Older Americans Act of 1965 (42 U.S.C. 3027(a)), as amended by sections 130(c), 131(b), 132(c), and 136(c)(3), is amended by adding at the end the following: “(26) The plan shall provide assurances that area agencies on aging will conduct efforts to facilitate the coordination of community-based, long-term care services, pursuant to section 306(a)(6)(1), for older individuals who— “(A) reside at home and are at risk of institutionalization because of limitations on their ability to function independently; “(B) are patients in hospitals and are at risk of prolonged institutionalization; or “(C) are patients in long-term care facilities, but who can return to their homes if community-based services are provided to them.”. SEC. 139. PAYMENTS. Section 309(c) of the Older Americans Act of 1965 (42 U.S.C. 3029(c)) is amended— (1) by inserting “average annual” after “less than its”, and (2) by striking “preceding fiscal year” and inserting “period of 3 fiscal years preceding such year”. SEC. 140. IN-HOME SERVICES FOR FRAIL OLDER INDIVIDUALS. (a) Authorization of Appropriations.— Section 303 of the Older Americans Act of 1965 (42 U.S.C. 3028) is amended by adding at the end the following: “(d) There are authorized to be appropriated $25,000,000 for fiscal year 1988, $26,250,000 for fiscal year 1989, $27,563,000 for fiscal year 1990, and $28,941,000 for fiscal year 1991 for the purpose of making grants under part D of this title (relating to in-home services).”. (b) Area Plans.— Section 306(a) of the Older Americans Act of 1965 (42 U.S.C. 3026(a)) is amended— (1) in paragraph (6) by striking the period at the end and inserting “; and”, and (2) by adding at the end the following: “(7) provide assurances that any amount received under part D will be expended in accordance with such part.”. (c) State Plans.— (1) Section 307(a)(10) of the Older Americans Act of 1965 (42 U.S.C. 3027(a)(10)) is amended by striking “including nutrition services,” and inserting “nutrition services, or in-home services (as defined in section 342(1))”. (2) Section 307(a) of the Older Americans Act of 1965 (42 U.S.C. 3027(a)), as amended by sections 180(c), 181(b), 132(c), 136(c)(3), and 138 is amended by adding at the end the following: “(27) The plan shall provide assurances of consultation and coordination in planning and provision of in-home services under section 341 with State and local agencies and private nonprofit organizations which administer and provide services relating to health, social services, rehabilitation, and mental health services.”. (d) Program.— Title III of the Older Americans Act of 1965 (42 U.S.C. 3021 et seq.) is amended by adding at the end the following: “Part D— In-Home Services for Frail Older Individuals “SEC. 341. “program authorized (a) The Commissioner shall carry out a program for Grants. 42 USC 3030h. making grants to States under State plans approved under section 307 to provide in-home services to frail older individuals, including in-home supportive services for older individuals who are victims of Alzheimer’s disease and related disorders with neurological and organic brain dysfunction, and to the families of such victims. “(b) In carrying out the provisions of this part, each area agency shall coordinate with other community agencies and voluntary organizations providing counseling and training for family caregivers and support service personnel in management of care, functional and needs assessment services, assistance with locating, arranging for, and coordinating services, case management, and counseling prior to admission to nursing home to prevent premature institutionalization. “Sec. 342. “definitions For purposes of this part— 42 USC 3030i. “(1) the term in-home services’ includes— “(A) homemaker and home health aides; “(B) visiting and telephone reassurance; “(C) chore maintenance; “(D) in-home respite care for families, and adult day care as a respite service for families; and “(E) minor modification of homes that is necessary to facilitate the ability of older individuals to remain at home and that is not available under other programs, except that not more than $150 per client may be expended under this part for such modification; and “(2) the term ‘frail’ means having a physical or mental disability, including having Alzheimer’s disease or a related disorder with neurological or organic brain dysfunction, that restricts the ability of an individual to perform normal daily tasks or which threatens the capacity of an individual to live independently. “Sec. 343. “state criteria The State agency shall develop eligibility criteria for 42 USC 3030j. providing in-home services to frail older individuals which shall take into account— “(1) age; “(2) greatest economic need; “(3) noneconomic factors contributing to the frail condition; and “(4) noneconomic and nonhealth factors contributing to the need for such services. “Sec. 344. “maintenance of effort 42 USC 3030k. Funds made available under this part shall be in addition to, and may not be used to supplant, any funds that are or would otherwise be expended under any Federal, State, or local law by a State or unit of general purpose local government (including area agencies on aging which have in their planning and services areas existing services which primarily serve older individuals who are victims of Alzheimer’s disease and related disorders with neurological and organic brain dysfunction, and the families of such victims).”. SEC. 141. ASSISTANCE FOR SPECIAL NEEDS. (a) Authorization of Appropriations.— Section 303 of the Older Americans Act of 1965 (42 U.S.C. 3023), as amended by section 140(a), is amended by adding at the end the following: “(e) Subject to subsection (h), there are authorized to be appropriated $25,000,000 for fiscal year 1988, $25,000,000 for fiscal year 1989, and such sums as may be necessary for each of the fiscal years 1990 and 1991 to carry out part E (relating to special needs).”. (b) Area Plans.— Section 306(a) of the Older Americans Act of 1965 (42 U.S.C. 3026(a)), as amended by section 140(b), is amended— (1) in paragraph (6) by striking “and” at the end, (2) in paragraph (7) by striking the period at the end and inserting “; and” and (3) by inserting after paragraph (7) the following: “(8) provide assurances that any amount received under part E will be expended in accordance with such part;”. (c) State Plans.— Section 807(a) of the Older Americans Act of 1965 (42 U.S.C. 8027(a)), as amended by sections 130(c), 181(b), 182(c), 136(c)(3), 138, and 140(c)(2), is amended by adding at the end the following: “(28) The plan shall provide assurances that if the State receives funds appropriated under section 803(e), the State agency and area agencies on aging will expend such funds to carry out part E.”. (d) Grants for Special Needs.— Title III of the Older Americans Act of 1965 (42 U.S.C. 3021–3030g), as amended by section 140(d), is amended by adding at the end the following: “Part E— Additional Assistance for Special Needs of Older Individuals “Sec. 351. “program authorized Grants. 42 USC 3030l. The Commissioner shall carry out a program for making grants to States under State plans approved. under section 307 to provide services, consistent with the purpose of this title, designed to satisfy special needs of older individuals. Such services include— “(1) transportation associated with services provided under this title; “(2) outreach regarding such services: “(3) targeting such services to older individuals with greatest economic need or greatest social need; “(4) services under the ombudsman program established under section 307(a)(12); and “(5) any other service under this title— “(A) for which the State demonstrates to satisfaction of the Commissioner that there is unmet need; and “(B) which is appropriate to improve the quality of life of older individuals, particularly those with greatest economic need and those with greatest social need.”. SEC. 142. STATE PLAN INFORMATION REGARDING SERVICES TO OLDER INDIVIDUALS RESIDING IN RURAL AREAQ. Section 307(a) of the Older Americans Act of 1965 (42 U.S.C. 3027(a)), as amended by sections 130(c), 131(b), 132(c), 186(c)(3), 138, 140(c)(2), and 141(c), is amended by adding at the end the following: “(29) The plan shall, with respect to the fiscal year preceding the fiscal year for which such plan is prepared, describe the methods used to satisfy the service needs of older individuals who reside in rural areas.”. SEC. 143. HEALTH EDUCATION AND PROMOTION FOR OLDER INDIVIDUALS. (a) Authorization of Appropriations.— Section 303 of the Older Americans Act of 1965 (42 U.S.C. 3023), as amended by sections 140(a) and 141(a), is amended by adding at the end the following: “(f) Subject to subsection (b), there are authorized to be appropriated $5,000,000 for fiscal year 1988 and such sums as may be necessary for each of the fiscal years 1989, 1990, and 1991 for the purpose of making grants under part F of this title (relating to periodic preventive health, health education, and promotion services).”. (b) Area Plans.— Section 306(a) of the Older Americans Act of 1965 (42 U.S.C. 3026(a)), as amended by sections 140(b) and 141(b), is amended— (1) in paragraph (7) by striking “and” at the end, (2) in paragraph (8) by striking the period at the end and inserting “; and”, and (3) by adding at the end the following: “(9) provide assurances that any amount received under part F will be expended in accordance with such part.”. (c) Program.— Title of the Older Americans Act of 1965 (42 U.S.C. 8021 et seq.), as amended by sections 140(d) and 141(d), is amended by adding at the end the following: “Part F— Preventive Health Services “SEC. 361. “program authorized (a) The Commissioner shall carry out a program for Grants. 42 USC 3030m. making grants to States under State plans approved under section 307 for periodic preventive health services to be provided at senior centers or alternative sites as appropriate. “(b) Preventive health services under this part may not include services eligible for reimbursement under Medicare. “(c) The Commissioner 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. “Sec. 362. “distribution to area agencies State and local governments. 42 USC 3030n. 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. “Sec. 363. “definitions 42 USC 3030o. For the purpose of this part and section 307 the term ‘preventive health services’ means— “(1) routine health screening, which may include hypertension, glaucoma, cholesterol, cancer, vision and hearing screening; “(2) group exercise programs; “(3) home injury control services, including screening of highrisk home environments and educational programs on injury protection in the home environment; “(4) nutritional counseling and educational services; “(5) screening for the prevention of depression, coordination of community mental health services, educational activities, and referral to psychiatric and psychological services; “(6) educational programs on the benefits and limitations of Medicare and various supplemental insurance coverage, including individual policy screening and health insurance-needs counseling; and “(7) counseling regarding followup health services based on any of the services provided for above.”. SEC. 144. PREVENTION OF ABUSE OF OLDER INDIVIDUALS. (a) Definitions.— Section 802 of the Older Americans Act of 1966 (42 U.S.C. 8022), as amended by section 136(a), ie amended by adding at the end the following: “(15) The term ‘abuse’ means the willful— “(A) infliction of injury, unreasonable confinement, intimidation, or cruel punishment with resulting physical harm or pain or mental anguish; or “(B) deprivation by a caretaker of goods or services which are necessary to avoid physical harm, mental anguish, or mental illness. “(16) The term ‘elder abuse’ means abuse of an older individual. “(17) The term ‘caretaker’ means an individual who has the responsibility for the care of an older individual, either voluntarily, by contract, receipt of payment for care, as a result of family relationship, or by order of a court of competent jurisdiction. “(18) The term ‘exploitation’ means the illegal or improper act or process of a caretaker using the resources of an older individual for monetary or personal benefit, profit, or gain. “(19) The term ‘neglect’ means the failure to provide for oneself the goods or services which are necessary to avoid physical harm, mental anguish, or mental illness or the failure of a caretaker to provide such goods or services. “(20) The term ‘physical harm’ means bodily pain, injury, impairment, or disease.”. (b) Authorization of Appropriations.— Section 303 of the Older Americans Act of 1965 (42 U.S.C. 8023), as amended by sections 140(a), 141(a), and 143(a), is amended by adding at the end the following: “(g) Subject to subsection (h), there are authorized to be appropriated $5,000,000 for fiscal year 1988 and such sums as may be necessary for each of the fiscal years 1989, 1990, and 1991, to carry out part G (relating to abuse, neglect, and exploitation of older individuals).”. (c) Area Plans.— Section 306(a) of the Older Americans Act of 1965 (42 U.S.C. 3026(a)), as amended by sections 140(b), 141(b), and 143(b), is amended— (1) in paragraph (8) by striking “and” at the end, (2) in paragraph (9) by striking the period at the end and inserting “; and”, and (3) by adding at end the following: “(10) provide assurances that any amount received under part G will be expended in accordance with such part.”. (d) State Plan.— (1) Section 307(a)(16) of the Older Americans Act of 1965 (42 U.S.C. 3027(a)(16)) is amended by striking “provide” the second place it appears and inserting “, if funds are not appropriated under section 303(g) for a fiscal year, provide that for such fiscal year”. (2) Section 307(a) of the Older Americans Act of 1965 (42 U.S.C. 3027(a)), as amended by sections 130(c), 131(b), 182(c), 186(c)(3), 138, 140(c)(2), 141(c), and 142, is amended by adding at the end the following: “(30) The plan shall provide assurances that if the State receives funds appropriated under section 303(g), the State agency and area agencies on aging will expend such funds to carry out part G.”. (e) Abuse, Neglect, and Exploitation of Older Individuals.— Title of the Older Americans Act of 1965 (42 U.S.C. 3021 et seq.), as amended by sections 140(d), 141(d), and 143(c), is amended by adding at the end the following: “Part G— Prevention of Abuse, Neglect, and Exploitation of Older Individuals “Sec. 371. “program authorized The Commissioner shall carry out a program for Grants. 42 USC 3030p. making grants to States under State plans approved under section 307 to carry out a program with respect to the prevention of abuse, neglect, and exploitation of older individuals. The program shall— “(1) be consistent with relevant State law and coordinated with State adult protective service activities and other State and local elder abuse prevention and protection; “(2) provide for— “(A) public education and outreach services to identify Education. and prevent abuse, neglect, and exploitation of older individuals; “(B) receipt of reports of such abuse, neglect, and Reports. exploitation; “(C) active participation of older individuals participating in programs under this Act through outreach, conferences, and referral of such individuals to other social service agencies or sources of assistance if appropriate and with the consent of the older individuals to be referred; and “(D) the referral of complaints and other reports of abuse, neglect, or exploitation of older individuals to law enforcement agencies, public protective service agencies, licensing and certification agencies ombudsman programs, or protection and advocacy system if appropriate; “(3) not permit involuntary or coerced participation in such program by alleged victims, abusers, or their households; and “(4) require that all information gathered in the course of receiving such a complaint or report, and making such a referral, shall remain confidential unless— “(A) all parties to such complaint or report consent in writing to the release of such information; or “(B) the release of such information is to a law enforcement agency, public protective service agency, licensing or certification agency, ombudsman program, or protection or advocacy system.”. SEC. 145. LIMITATION ON CERTAIN AUTHORITY TO MAKE APPROPRIATIONS. 42 USC 3023. Section 303 of the Older Americans Act of 1965 (42 U.S.C. 2023), as amended by sections 140(a), 141(a), 143(a), and 144(b), is amended by adding at the end the following: “(h) No funds may be appropriated under subsection (a)(2), (a)(3), (e), (f), or (g) for a fiscal year unless the. aggregate amount appropriated for such fiscal year to carry out this title (other than sections 306(a)(6)(P), 307(a)(12), and 311, and parts E, F, and G), title IV (other than sections 427 and 428), title V, and title VI exceeds 105 percent of the aggregate amount appropriated for the preceding fiscal year to carry out such titles.”. SEC. 146. ASSISTIVE TECHNOLOGY INFORMATION. (a) Definitions.— Section 102 of the Older Americans Act of 1965 (42 U.S.C. 3002) is amended by adding at the end the following: “(8) The term ‘assistive technology’ means technology, engineering methodologies, or scientific principles appropriate to meet the needs of, and address the barriers confronted by, older individuals with functional limitations. “(9) The term ‘information and referral’ includes information relating to assistive technology.”. (b) Client Assessment Through Case Management.— Section 321(a) of the Older Americans Act of 1965 (42 U.S.C. 3030d(a)) is amended by adding at the end the following: “For purposes of paragraph (5), the term ‘client assessment through case management’ includes providing information relating to assistive technology.”. (c) Multidisciplinary Centers of Gerontology.— Section 412(a) of the Older Americans Act of 1966 (42 U.S.C. 3032(a)) is amended— (1) in paragraph (5) by striking “and” at the end, (2) in paragraph (6) by striking the period at the end and inserting “; and”, and (3) by adding at the end the following: “(7) if appropriate, provide information relating to assistive technology.”. PART C— DEMONSTRATION GRANTS SEC. 151. DEMONSTRATION PROJECTS: PURPOSE. Section 401(1) of the Older Americans Act of 1965 (42 U.S.C. 3030aa(1)) is amended by inserting before the semicolon the following: “, with special emphasis on minority individuals, low-income individuals, frail individuals, and individuals with disabilities”. SEC. 152. DEMONSTRATION PROJECTS. Section 422 of the Older Americans Act of 1965 (42 U.S.C. 3035a) is amended— (1) in subsection (a)— (A) by inserting “(1)” after “(a)”, and (B) by adding at the end the following: “(2) The Commissioner may, after consultation with the State State and local governments. Contracts. Schools and colleges. Health and medical care. agency in the State involved, make grants to or enter into contracts with public or private institutions of higher education having graduate programs with capability in public health, the medical sciences, psychology, pharmacology, nursing, social work, health education, nutrition, or gerontology, for the purpose of designing and developing prototype health education end promotion programs for the use of State and area agencies on aging in implementing preventive health service programs.”, and (2) in subsection (b) by striking “this section” and inserting “subsection (a)(1)”. SEC. 153. VOLUNTEER OPPORTUNITIES. Section 422(b) of the Older Americans Act of 1965 (42 U.S.C. 3035a) is amended— (1) in paragraph (7) by striking “and” at the end, (2) in paragraph (8) by striking the period at the end and inserting “; and”, and (3) by adding at the end the following: “(9) provide expanded, innovative volunteer opportunities to older individuals which are designed to fulfill unmet community needs, while at the same time avoiding duplication of existing volunteer programs, which may include— “(A) projects furnishing intergenerational services by Children and youth. older individuals addressing the needs of children, such as— “(i) tutorial services in elementary and special schools; “(ii) after school programs for latch key children; “(iii) voluntary services for day care center programs; and “(B) volunteer service credit projects operated in conjunction with ACTION, permitting elderly volunteers to earn credits for services furnished, which may later be redeemed for similar volunteer services.”. SEC. 154. SPECIAL PROJECTS IN COMPREHENSIVE LONGTERM CARE. Section 423(a)(1) of the Older Americans Act of 1965 (42 U.S.C. 3035b(a)(1)), as amended by section 134(c)(5), is amended by striking “may” and inserting “shall”. SEC. 155. OUTREACH TO SSI, MEDICAID, AND FOOD STAMP RECIPIENTS. (a) Outreach and Application Assistance Functions of Administration on Aging.— Section 202(a) of the Older Americans Act of 1966 (42 U.S.C. 3012(a)), as amended by section 108(a), is amended— (1) in paragraph (18) by striking “and” at the end, (2) in paragraph (19) by striking the period and inserting “; and” and (3) by adding at the end the following: “(20) obtain from— “(A) the Department of Agriculture information explaining the requirements for eligibility to receive benefits under the Food Stamp Act of 1977; and “(B) the Social Security Administration information explaining the requirements for eligibility to receive supplemental security income benefits under title XVI of the Social Security Act (or assistance under a State plan program under title XVI of that Act); and distribute such information, in written form, to State agencies, for redistribution to area agencies on aging, to carry out outreach activities and application assistance under section 307(a)(31).”. (b) Authorization of Appropriations.— Section 303(a) of the Older Americans Act of 1965 (42 U.S.C. 3023(a)), as amended by sections 122(a) and 129(c), is amended— (1) in paragraph (1) by inserting “for purposes other than outreach activities and application assistance under section 307(a)(31)” before the period at the end, and (2) by adding at the end the following: “(3) Subject to subsection (h), there are authorized to be appropriated $10,000,000 for fiscal year 1989, $10,000,000 for fiscal year 1990, and such sums as may be necessary for fiscal year 1991 to carry out section 306(a)(6)(P). Amounts appropriated under this subsection shall remain available until expended.”. (c) Allotment, State Miminum.— (1) (A) The first sentence of section 304(a)(1) of the Older Americans Act of 1965 (42 U.S.C. 3024(a)(1)) is amended by striking “paragraph (2)” and inserting “paragraphs (2) and (3)”. (B) The last sentence of section 304(a)(1) of the Older Americans Act of 1965 (42 U.S.C. 3024(a)(1)) is amended by striking “purpose or” and inserting “purposes of paragraph (8) and”. (2) Section 304(a) of the Older Americans Act of 1965 (42 U.S.C. 3024(a)) is amended— (A) by redesignating paragraph (3) as paragraph (4), and (B) by inserting after paragraph (2) the following: “(3) No State shall be allotted, from the amount appropriated pursuant to section 303(a)(3), less than $50,000 for any fiscal year.”. (d) Administrative Expenses.— Subparagraphs (B) and (C) of section 304(d)(1) of the Older Americans Act of 1965 (42 U.S.C. 3024(d)(1)) are each amended by inserting “(excluding any amount attributable to funds appropriated under section 308(a)(3))” after “amount”. (e) Outreach and Application Assistance.— (1) Area plans.— Section 306(a)(6) of the Older Americans Act of 1965 (42 U.S.C. 3026(a)(6)), as amended by sections 127, 133, 134(b), and 135, is amended— (A) in subparagraph (N) by striking “and” at the end, (B) in subparagraph (O) by striking the period at the end and inserting “; and”, and (C) by adding at the end the following: “(P) with funds and information received under section 307(8)(81) from the State agency— “(i) carry out activities to identify older individuals with greatest economic need who may be eligible to receive, but are not receiving, supplemental security income benefits under title XVI of the Social Security Act (or assistance under a State plan program under title XVI of that Act), medical assistance under title XIX of the Social Security Act, and benefits under the Food Stamp Act of 1977; “(ii) conduct outreach activities to inform older individuals of the requirements for eligibility to receive such assistance and such benefits; and “(iii) assist older individuals to apply for such assistance and such benefits;”. (2) State plans.— Section 807(a) of the Older Americans Act of 1965 (42 U.S.C. 8027(a)), as amended by sections 130(c), 131(b), 132(c), 136(c)(3), 188, 140(c)(2), 141(c), 142, and 144(d), is amended— (A) in paragraph (20)(A) by striking “section 306(a)(2)(A)” and inserting “sections 306(a)(2)(A) and 306(a)(6)(P)”, and (B) by adding at the end the following: “(31) The plan shall provide that the State agency— “(A) from funds allotted for fiscal year 1989 under section 304(a) for part B that are attributable to the amount appropriated under section 808(a)(3), will make funds available to eligible area agencies on aging to carry out section 306(a)(6)(P) and, in distributing such funds among eligible area agencies, will give priority to area agencies on aging based on— “(i) the number of older individuals with greatest economic need (as defined in section 302(20)) residing in their respective planning and service areas; and “(ii) the inadequacy in such areas of outreach activities and application assistance of the type specified in section 306(a)(6)(P); “(B) will require, as a condition of eligibility to receive funds under this paragraph, an area agency on aging to submit an application that— “(i) describes the activities for which such funds are sought; “(ii) provides for an evaluation of such activities by the area agency; and “(iii) includes assurances that the area agency will prepare and submit to the State agency a report of the activities conducted with funds provided under this paragraph and the evaluation of such activities; “(C) will distribute to area agencies on aging— Public information. “(i) the eligibility information received under section 202(a)(20) from the Administration; and “(ii) information, in written form, explaining the requirements for eligibility to receive medical asaistance under title XIX of the Social Security Act; and “(D) Reports. will submit to the Commissioner a report on the evaluations required to be submitted under section 307(a)(31)(B).”. (f) Report.— Section 207 of the Older Americans Act of 1965 (42 U.S.C. 3018) is amended by adding at the end the following: “(c) The Commissioner shall, as part of the annual report submitted under subsection (a), prepare and submit a report on the evaluations required to be submitted under section 307(a)(31)(D), together with such recommendations as the Commissioner deems appropriate. In carrying out this subsection, the Commissioner shall consider— “(1) the number of older individuals reached through outreach activities supported under section 306(a)(6)(P); “(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); and “(4) the effect of such activities on supportive services and nutrition services furnished under title mof this Act.”. (g) Implementation Information.— 42 USC 3026 note. Not later than September 1, 1988, the Commissioner on Aging shall— (1) analyze and compile information on successful and unsuccessful activities carried out to conduct outreach of the type described in section 306(a)(6)(P) of the Older Americans Act of 1965, as added by subsection (e), and (2) Public information. distribute such information to the State agencies on aging for dissemination to interested area agencies on aging to assist such area agencies in designing outreach activities to be carried out under section 306(a)(6)(P) o such Act. (h) Evaluation Guidelines.— 42 USC 3026 note. The Commissioner on Aging shall issue guidelines to be followed by State agencies on aging and area agencies on aging in conducting evaluations of outreach activities carried out under section 306(a)(6)(P), of the Older Americans Act of 1965, as added by subsection (e). Such guidelines shall be designed to ensure that such evaluations are based on uniform criteria that provide a basis for the valid comparison of such outreach activities conducted by the various area agencies. SEC. 156. DEMONSTRATION GRANTS FOR INDIVIDUALS WITH DISABILITIES. (a) Traning.— Section 411(c) of the Older Americans Act of 1965 (42 U.S.C. 3031(c)) is amended— (1) by striking “custodial and skilled care for older individuals who suffer from” and inserting “services to individuals with disabilities and to individuals with”, and (2) by striking “other neurological and organic brain disorders of the Alzheimer’s type” and inserting “and related disorders with neurological and organic brain dysfunction”. (b) Multidisciplinary Centers.— Section 412(a) of the Older Americans Act of 1965 (42 U.S.C. 3082(a)) is amended by inserting “disabilities (including severe disabilities),” before “income maintenance”. (c) Demonstration Grants.— Section 422(b)(2) of the Older Americans Act of 1965 (42 U.S.C. 3035a(b)(2)) is amended— (1) in subparagraph (C) by striking “and” at the end, (2) in subparagraph (D) by inserting “and” at the end, and (3) by adding at the end the following: “(E) the identification and provision of services to older individuals with severe disabilities;”. (d) Longterm Care Special Projects.— Section 423(a)(3) of the Older Americans Act of 1965 (42 U.S.C. 3035b(a)(3)) is amended by inserting after “geriatric health maintenance organizations;” the following: “services to older individuals with severe disabilities residing in nursing homes;”. (e) Additional Special Projects.— (1) Part B of title IV of the Older Americans Act of 1965 (42 U.S.C. 3034 et seq.) is amended by adding at the end the following: “SEC. 427. “ombudsman and advocacy demonstration projects (a) The Commissioner is authorized to make grants to State and local governments. 42 USC 3035f. not less than three nor more than ten States to demonstrate and evaluate cooperative projects between the State long-term care ombudsman program and the State protection and advocacy systems for developmental disabilities and mental illness, established under part A of the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6001 et seq.) and under the Protection and Advocacy for Mentally Ill Individuals Act of 1986 (Public Law 99–319). “(b) The Commissioner on Aging shall prepare and submit to the Reports. Congress a report of the study and evaluation required by subsection (a). Such report shall contain such recommendations as the Commissioner on Aging deems appropriate.”. (2) Section 431(a) of the Older Americans Act of 1965 (42 U.S.C. 3037(a)) is amended— (A) by inserting “(other than section 427)” after “title”, (B) by inserting “(1)” after “(a)”, and (C) by adding at the end the following: “(2) Subject to subsection (b), there is authorized to be appropriated Appropriation authorizations. $1,000,000 for fiscal year 1989 to carry out the provisions of section 427. The funds appropriated pursuant to this aragraph shall remain available for expenditure for fiscal year 1990.”. SEC. 157. CONSUMER PROTECTION DEMONSTRATION PROJECTS FOR SERVICES PROVIDED IN THE HOME. (a) Demonstration Projects Authorized.— Part B of title IV of the Older Americans Act of 1965 (42 U.S.C. 3034 et seq.), as amended by section 156(e)(1), is amended by adding at the end the following: “SEC. 428. “consumer protection demonstration projects for services provided in the home. (a) (1) The Commissioner is authorized to make grants to State and local governments. 42 USC 3035g. not fewer than 6 nor more than 10 States to demonstrate and evaluate the effectiveness of consumer protection projects for services (other than medical services) provided to older mdividuals in the home that are furnished or assisted with public funds. “(2) Grants made under this section shall be used to test different approaches to protecting older individuals with regard to services in the home. Such projects may provide consumer protection through State and local ombudsmen, legal assistance agencies, and other community service agencies. “(b) No grant may be made under this section unless an application is made to the Commissioner at such time, in such manner, and containing such information as the Commissioner may reasonably require. Each such application shall— “(1) describe activities for which assistance is sought; “(2) provide for an evaluation of the activities for which assistance is sought; and “(3) provide assurances that the applicant will prepare and submit a report to the Commissioner on the activities conducted with assistance under this section and the evaluation of such activities. “(c) In approving applications under this section, the Commissioner shall assure equitable geographic distribution of assistance. “(d) Reports. The Commissioner shall, as part of the annual report submitted under section 207, prepare and submit a report on the evaluations submitted under this section, together with such recommendations as the Commissioner deems appropriate. In carrying out this section, the Commissioner shall include in the report— “(1) a description of the demonstration projects assisted under this section; “(2) an evaluation of the effectiveness of each such project; and “(3) recommendations of the Commissioner with respect to the desirability and feasibility of carrying out on a nationwide basis a consumer protection program for services in the home. “(e) Consumer protection projects carried out under this section— “(1) may include, but are not limited to, consumer education, the use of consumer hotlines, receipt and resolution of consumer complaints, and advocacy; and “(2) may not address medical services.”. (b) Authorization of Appropriations.— Section 431(a)(1) of the Older Americans Act of 1965 (42 U.S.C 3037(a)(1)), as amended by section 156(e)(2), is amended— (1) by striking “section 427” in the parenthetical and inserting “sections 427 and 428”, and (2) by adding at the end the following: “(3) Subject to subsection (b), there is authorized. to be appropriated $2,000,000 for each of the fiscal years 1989 and 1990 to carry out the provisions of section 428.”. SEC. 158. AUTHORIZATION OF APPROPRIATIONS FOR TRAINING, RESEARCH, AND DISCRETIONARY PROJECTS AND PROGRAMS. Paragraph (1) of section 481(a) of the Older Americans Act of 1965 (42 U.S.C. 3037(a)(1)), as amended by sections 156(e)(2) and 157(b), is amended to read as follows: “(1) There are authorized. to be appropriated to carry out the provisions of this title (other than sections 427 and 428) $32,970,000 for the fiscal year 1988, $34,619,000 for the fiscal year 1989, $36,349,000 for the fiscal year 1990, and $38,167,000 for the fiscal year 1991. SEC. 159. LIMITATION ON CERTAIN AUTHORITY TO MAKE APPROPRIATIONS. Section 431 of the Older Americans Act of 1965 (42 U.S.C. 3037) is amended— (1) by redesignating subsection (b) as subsection (c), and (2) by inserting after subsection (a) the following: “(b) No funds may be appropriated under paragraph (2) or (3) of subsection (a) for a fiscal year unless the aggregate amount appropriated for such fiscal year to carry out this title (other than sections 427 and 428), title III (other than sections 306(a)(6)(P), 307(a)(12), and 311, and parts E, F, and G), title V, and title V1 exceeds 105 percent of the aggregate amount appropriated for the preceding fiscal year to carry out such titles.”. PART D— COMMUNITY SERVICE EMPLOYMENT SEC. 161. ADMINISTRATIVE COSTS OF EMPLOYMENT PROJECTS. Section 502(c)(3) of the Older Americans Act of 1965 (42 U.S.C. 3056(c)(3)) is amended to read as follows: “(3) Of the amount for any project to be paid by the Secretary under this subsection, not more than 13.5 percent for fiscal year 1987 and each fiscal year thereafter shall be available for paying the costs of administration for such project, except that— “(A) whenever the Secretary determines that it is necessary to carry out the project assisted under this title, based on information submitted by the public or private nonprofit agency or organization with which the Secretary has an agreement under subsection (b), the Secretary may increase the amount available for paying the cost of administration to an amount not more than 15 percent of the cost of such project; and “(B) whenever the public or private nonprofit agency or organization with which the Secretary has an agreement under subsection (b) demonstrates to the Secretary that— “(i) major administrative cost increases are being incurred in necessary program components, including liability insurance, payments for workers’ compensation, costs associated with achieving unsubsidized placement goals, and other operation requirements imposed by the Secretary; “(ii) the number of employment positions in the project or the number of minority eligible individuals participating in the project will decline if the amount available for paying the cost of administration is not increased; or “(iii) the size of the project is so small that the amount of administrative expenses incurred to carry out the project necessarily exceed 13.5 percent of the amount for such project; the Secretary shall increase the amount available for the fiscal year for paying the cost of administration to an amount not more than 15 percent of the cost of such project.”. SEC. 162. COMMUNITY SERVICE EMPLOYMENT SPECIAL NEEDS ASSURANCE. (a) Program Assurance.— Section 502(b)(1)(M) of the Older Americans Act of 1965 (42 U.S.C. 3056(b)(1)(M)) is amended to read as follows: “(M) will assure, that to the extent feasible, such project will Minorities. Indians. serve the needs of minority, limited English-speaking, and Indian eligible individuals in proportion to their numbers in the State and take into consideration their rates of poverty and unemployment;”. (b) Reservation of Funds.— Section 506(a)(1)(A) of the Older Grants. Contracts. Indians. Americans Act of 1965 (42 U.S.C 8056d(a)(1)(A)) is amended by inserting after the first sentence the following: “Beginning with the first fiscal year in which the amount appropriated to carry out this title exceeds the amount appropriated for fiscal year 1987 to carry out this title, the Secretary shall next reserve such sums as may be necessary for national grants or contracts with public or nonprofit national Indian aging organizations with the ability to provide employment services to older Indians and with national public or nonprofit Pacific Island and Asian American aging organizations with the ability to provide employment services to older Pacific Island and Asian Americans.”. SEC. 163. INFORMATION ON AGE DISCRIMINATION PROHIBITIONS. Section 503(b) of the Older Americans Act of 1965 (42 U.S.C. 3056a(b)) is amended— (1) by inserting “(1)” after “(b)”, and (2) by adding at the end the following: “(2) Grants. The Secretary shall distribute to grantees under this title, for distribution to program enrollees, and at no cost to grantees or enrollees, informational materials developed and supplied by the Equal Employment Opportunity Commission and other appropriate Federal agencies which the Secretary determines are designed to help enrollees identify age discrimination and understand their rights under the Age Discrimination in Employment Act of 1967.”. SEC. 164. DEFINITIONS. (a) Community Services.— Section 507(3) of the Older Americans Act of 1965 (42 U.S.C. 3056e(3)) is amended by inserting “(particularly literacy tutoring)” after “educational services”. (b) Pacific Island and Asian Americans.— Section 507 of the Older Americans Act of 1965 (42 U.S.C. 3056e) is amended— (1) in paragraph (3) by striking “and” at the end, (2) in paragraph (4) by striking the period at the end, and (3) by adding at the end the following: “(5) 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 Subcontment, or the Pacific Islands.”. SEC. 165. AUTHORIZATION OF APPROPRIATIONS FOR COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS. Section 508(a)(1) of the Older Americans Act of 1965 (42 U.S.C. 3056f(a)(1)) is amended to read as follows: “(1) $386,715,000 for the fiscal year 1988, $406,051,000 for the fiscal year 1989, $426,353,000 for the fiscal year 1990, and $447,671,000 for the fiscal year 1991.”. SEC. 166. EMPLOYMENT ASSISTANCE AND OTHER PROGRAMS. Title V of the Older Americans Act of 1965 (42 U.S.C. 3056–30561) is amended by adding at the end the following: “Sec. 509. “employment assistance and federal housing and food stamp programs 42 USC 3056g. Funds received by eligible individuals from projects carried out under the program established in this title shall not be considered to be income of such individuals for purposes of determining the eligibility of such individuals, or of any other persons, to participate in any housing program for which Federal funds may be available or for any income determination under the Food Stamp Act of 1977.”. PART E— NATIVE AMERICAN PROGRAMS SEC. 171. NATIVE AMERICAN PROGRAMS. Title VI of the Older Americans Act of 1965 (42 U.S.C. 3057–3057g) is amended to read as follows: “TITLE VI— GRANTS FOR NATIVE AMERICANS “Sec. 601. “statement of purpose It is the purpose of this title to promote the delivery of 42 USC 3057. supportive services, including nutrition services to American Indians, Alaskan Natives, and Native Hawaiians that are comparable to services provided under title III. “Sec. 602. “sense of congress It is the sense of the Congress that older 42 USC 3057a. Indians, older Alaskan Natives, and older 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. “Part A— Indian Program “SEC. 611. “findings (a) The Congress finds that the older Indians of the 42 USC 3057b. 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 title at a rate of less than 19 percent of the total national Indian elderly population living on Indian reservations; and “(10) are served under title III at a rate of less than 1 percent of the total participants under that title. “SEC. 612. “eligibility (a) A tribal organization of an Indian tribe is eligible for 42 USC 3057c. 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) For the purposes of this part the terms ‘Indian tribe’ and ‘tribal organization have the same meaning as in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 460b). “Sec. 613. “grants authorized 42 USC 3057d. The Commissioner may make grants to eligible tribal organizations to pay all of the costs for delivery of supportive services and nutrition services for older Indians. “SEC. 614. “applications (a) 42 USC 3057e. No grant may be made under this part unless the eligible tribal organization submits an application to the Commissioner which meets such criteria as the Commissioner 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 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) Reports. provide that the tribal organization will make such reports in such form and containing such information, as the Commissioner may reasonably require, and comply with such requirements as the Commissioner 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 referral services to assure that older 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 Indians aged 60 and older for full or part-time staff positions wherever feasible; “(8) Contracts. provide assurances that either directly or by way of grant or contract with appropriate entities nutrition services will be delivered to older Indians represented by the tribal organization substantially in compliance with the provisions of part C of title III, except that in any case in which the need for nutritional services for older 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 clause for supportive services; “(9) contain assurances that the provisions of sections 307(a)(14)(A) (i) and (iii), 307(a)(14)(B), and 307(a)(14)(C) will be complied with whenever the application contains provisions for the acquisition, alteration, or renovation of facilities to serve as multipurpose senior centers; “(10) provide that any legal or ombudsman services made available to older Indians represented by the tribal organization will be substantially in compliance with the provisions of title ID relating to the furnishing of similar services; and “(11) 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. “(b) For the purpose of any application submitted under this part, the tribal organization may develop its own population statistics, with certification from the Bureau of Indian Affairs, in order to establish eligibility. “(c) The Commission shall approve any application which complies with the provisions of subsection (a). “(d) Whenever the Commissioner determines not to approve an application submitted under subsection (a) the Commission 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 Commissioner may prescribe. “(e) Whenever the Commissioner approves an application of a tribal organization under this part, funds shall be awarded for not less than 12 months. “SEC. 615. “surplus educational facilities (a) Notwithstanding any other provision of law, the 42 USC 3057f. 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) 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. “Part B— Native Hawaiian Program “Sec. 621. “findings 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 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. “Sec. 622. “eligibility A public or nonprofit private organization having the 42 USC 3057h. capacity to provide services under this part for Native Hawaiians is eligible for assistance under this part only if— “(1) theorganization 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. “Sec. 623. “grants authorized 42 USC 3057i. The Commissioner 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. “SEC. 624. “application (a) 42 USC 3057j. No grant may be made under this part unless the public or nonprofit private organization submits an application to the Commissioner which meets such criteria as the Commissioner may by regulation prescribe. Each such application shall— “(1) provide that the organization will evaluate the need for supportive and nutrition services among older Native Hawaiians to be represented by the 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 assurances that the organization will coordinate its activities with the State agency on aging; “(4) Reports. provide that the organization will make such reports in such form and containing such information as the Commissioner may reasonably require, and comply with such requirements as the Commissioner may impose to ensure the correctness of such reports; “(5) provide for periodic evaluation of activities and projects carried out under the application; “(6) establish objectives, consistent with the purpose of this title, toward which activities described in the application will be directed, identify obstacles to the attainment of such objectives, and indicate the manner in which the organization proposes to overcome such obstacles; “(7) provide for establishing and maintaining information and referral services to assure that older Native Hawaiians to be served by the assistance made available under this part will have reasonably convenient access to such services; “(8) provide a preference for Native Hawaiians 60 years of age and older for full or part-time staff positions wherever feasible; “(9) provide that any legal or ombudsman services made available to older Native Hawaiians represented by the nonprofit private organization will be substantially in compliance with the provisions of title III relating to the furnishing and similar services; and “(10) provide satisfactory assurances that the 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 nonprofit private organization, including any funds paid by the organization to a recipient of a grant or contract. “(b) The Commissioner shall approve any application which complies with the provisions of subsection (a). “(c) Whenever the Commissioner determines not to approve an application submitted under subsection (a) the Commissioner shall— “(1) state objections in writing to the nonprofit private organization within 60 days after such decision; “(2) provide to the extent practicable technical assistance to the nonprofit private organization to overcome such stated objections; and “(3) provide the organization with a hearing under such rules and regulations as the Commissioner may prescribe. “(d) Whenever the Commissioner approves an application of a nonprofit private or public organization under this part funds shall be awarded for not less than 12 months. “Sec. 625. “definition For the purpose of this part, the term ‘Native Hawaiian 42 USC 3057k. ’ means any individual any of whose ancestors were natives of the area which consists of the Hawaiian Islands prior to 1778. “Part C— General Provisions “Sec. 631. “administration In establishing regulations for the purpose of part A the 42 USC 3057l. Commissioner shall consult with the Secretary of the Interior. “Sec. 632. “payments Payments may be made under this title (after necessary 42 USC 3057m. adjustments, in the case of grants, on account of previously made overpayments or underpayments) in advance or by way of reimbursement in such installments and on such conditions, as the Commissioner may determine. “SEC. 633. “authorization of appropriations (a) Subject to subsection (b), there are authorized to be 42 USC 3057n. appropriated to carry out this title (other than section 615)— “(1) $13,400,000 for fiscal year 1988, of which $12,100,000 shall be available to carry out part A and $1,300,000 shall be available to carry out part B; “(2) $16,265,000 for fiscal year 1989, of which $14,900,000 shall be available to carry out part A and $1,365,000 shall be available to carry out part B; “(3) $19,133,000 for fiscal year 1990, of which $17,700,000 shall be available to carry out part A and $1,433,000 shall be available to carry out part B; and “(4) $22,105,000 for fiscal year 1991, of which $20,600,000 shall be available to carry out part A and $1,505,000 shall be available to carry out part B.”. “(b) (1) If the amount appropriated under subsection (a) for a fiscal year does not exceed the amount appropriated to carry out this title (as in effect before the effective date of the Older Americans Act Amendments of 1987) in fiscal year 1987, then the amount appropriated under subsection (a) for such fiscal year shall be available only to carry out part A. “(2) if the amount appropriated under subsection (a) for a fiscal year exceeds the amount appropriated to carry out this title (as in effect before the effective date of the Older Americans Act Amendments of 1987) in fiscal year 1987, then— “(A) $250,000 of such excess shall be made available to carry out part B; and “(B) one-half of the remaining amount of such excess shall be made available to carry out part B; except that the aggregate amount made available to carry out part B may not exceed the amount required (without regard to this paragraph) by subsection (a) to be made available to carry out part B.”. Part F— Miscellaneous and Technical Amendments SEC. 181. REPEAL OF OLDER AMERICANS PERSONAL HEALTH EDUCATION AND TRAINING PROGRAM. Title VII of the Older Americans Act of 1965 (42 U.S.C. 3058–3058d) is repealed. SEC. 182. TECHNICAL AMENDMENTS. (a) Section 102(1) of the Older Americans Act of 1965 (42 U.S.C. 8002(1)) is amended by striking “other than for purposes of title V” and inserting “except that for purposes of title V such term means the Secretary of Labor”. (b) (1) Section 102 of the Older Americans Act of 1965 (42 U.S.C. 8002) is amended— (A) in paragraph (3)— (i) by striking “includes” and inserting “means any of the several States,”, and (ii) by striking “Puerto Rico” and inserting “the Commonwealth of Puerto Rico”, and (B) by adding at the end the following: “(8) The term ‘Trust Territory of the Pacific Islands’ includes the Federated States of Micronesia. the Republic of the Marshall Islands, and the Republic of Palau.”. (2) Section 302 of the Older Americans Act of 1965 (42 U.S.C. 3022), as amended by sections 136(a) and 144(a), is amended— (A) by striking paragraph (6), and (B) by redesignating paragraphs (7) through (20) as paragraphs (6) through (19), respectively. (3) Section 506(a)(4)(A) of the Older Americans Act of 1965 (42 U.S.C. 3056d(a)(4)(A)) is amended by striking “Puerto Rico” and inserting “the Commonwealth of Puerto Rico”. (4) Section 507 of the Older Americans Act of 1965 (42 U.S.C. 8056e), wi amended by section 164(b), is amended— (A) by striking paragraph (1), and (B) by redesignating paragraphs (2), (3), (4), and (5) as paragraphs (1), (2), (3), and (4), respectively. (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”. (d) Section 204(d)(8) of the Older Americans Act of 1965 (42 U.S.C. 3015(d)(3)) is amended by inserting “to” after “Secretary,”. (e) (1) Section 302 of the Older Americans Act of 1965 (42 U.S.C. 3022), as amended by subsection (b)(2) and sections 136(a) and 144(a), is amended by adding at the end the following: “(20) The term ‘greatest economic need’ means the need resulting from an income level at or below the poverty levels established by the Office of Management and Budget. “(21) The term ‘greatest social need’ means the need caused by noneconomic factors which include physical and mental disabilities, language barriers, and cultural, social, or geo-graphical isolation including that caused by racial or ethnic status which restricts an individual’s ability to perform normal daily tasks or which threatens such individual’s capacity to live independently.”. (2) Section 305(d) of the Older Americans Act of 1965 (42 U.S.C. 3025(d)) is amended— (A) by striking “(d)(1)” and inserting “(d)”, and (B) by striking paragraph (2). (3) Section 306(a) of the Older Americans Act of 1965 (42 U.S.C. 3026(a)) is amended by striking the last sentence. (f) Section 304(d)(1) of the Older Americans Act of 1965 (42 U.S.C. 3024(d)(1)) is amended in the matter preceding subparagraph (A) by inserting a comma after “section 308(b)”. (g) Section 305(a)(1)(E) of the Older Americans Act of 1965 (42 U.S.C. 3025(a)(1)(E)) is amended by striking “legal services” and inserting “legal assistance”. (h) Section 305(a)(2)(C) of the Older Americans Act of 1965 (42 U.S.C. 3025(a)(2)(C)) is amended by inserting “in accordance with subsection (d)” before the semicolon at the end. (i) Section 306(a)(6)(G) of the Act (42 U.S.C. 3026(a)(6)(G)), as amended by section 137(b), is amended by striking “and” at the end. (j) Section 306(a)(2)(B) of the Older Americans Act of 1965 (42 U.S.C. 3026(a)(2)(B)) is amended by striking “other neurological and organic brain disorders of the Alzheimer’s type” and inserting “related disorders with neurological and organic brain dysfunction”. (k) Section 307(a) of the Older Americans Act of 1965 (42 U.S.C. 3027(a)) is amended— (1) by striking “Each such plan shall—” andinserting “Each such plan shall comply with all of the following requirements:”, (2) in paragraph (1)— (A) by inserting “The plan shall” after “(1)”, and (B) by striking the semicolon at the end and inserting a period, (3) in paragraph (2)— (A) by inserting “The plan shall” after “(2)”, and (B) by striking the semicolon at the end and inserting a period, (4) in paragraph (3)— (A) in subparagraph (A) by inserting “The plan shall” after “(3)(A)”, and (B) in subparagraph (B)— (i) by inserting “The plan shall” after “(B)”, and (ii) by striking the semicolon at the end and inserting a period, (5) in paragraph (4)— (A) by inserting “The plan shall” after “(4)”, and (B) by striking the semicolon at the end and inserting a period, (6) in paragraph (5)— (A) by inserting “The plan shall” after “(5)”, and (B) by striking the semicolon at the end and inserting a period, (7) in paragraph (6)— (A) by inserting “The plan shall” after “(6)”, and (B) by striking the semicolon at the end and inserting a period, (8) in paragraph (7)— (A) by inserting “The plan shall” after “(7)”, and (B) by striking the semicolon at the end and inserting a period, (9) in paragraph (8)— (A) by inserting “The plan shall” after “(8)”, and (B) by striking the semicolon at the end and inserting a period, (10) in paragraph (9)— (A) by inserting “The plan shall” after “(9)”, and (B) by striking the semicolon at the end and inserting a period, (11) in paragraph (10)— (A) by inserting “The plan shall” after “(10)”, and (B) by striking the semicolon at the end and inserting a period, (12) in paragraph (11)— (A) by inserting “The plan shall” after “(11)”, and (B) by striking the semicolon at the end and inserting a period, (13) in paragraph (13)— (A) by inserting “The plan shall” after “(13)”, and (B) in subparagraph (D by striking the semicolon at the end and inserting a period, (14) in paragraph (14)— (A) by inserting “The plan shall” after “(14)”, and (B) in subparagraph (E) by striking the semicolon at the end and inserting a period, (15) in paragraph (15)— (A) by inserting “The plan shall” after “(15)”, and (B) in subparagraph (D) by striking the semicolon and inserting a period, (16) in paragraph (16)— (A) by inserting “The plan shall” after “(16)”, and (B) in subparagraph (C) by striking the semicolon at the end and inserting a period, (17) in paragraph (17)— (A) by inserting “The plan shall” after “(17)”, and (B) by striking the semicolon at the end and inserting a period, (18) in paragraph (18)— (A) by inserting “The plan shall” after “(18)”, and (B) by striking the semicolon at the end and inserting a period, (19) in paragraph (19)— (A) by inserting “The plan shall” after “(19)”, and (B) by striking the semicolon at the end and inserting a period, and (20) in paragraph (20)— (A) by inserting “The plan shall” after “(20)”, and (B) in subparagraph (B)(ii) by striking “; and” at the end and inserting a period. (l) Section 308(b) of the Older Americans Act of 1965 (42 U.S.C. 3028(b)) is amended— (1) by striking “(b)(1)(A)” and inserting “(b)(1)”, (2) in paragraph (1)— (A) by striking “(i)” andinserting “(A)”, and (B) by striking “(ii)” the second place it appears and inserting “(B)”, (3) in paragraph (2)— (A) by striking “(2)(A)” and inserting “(2)”, (B) by striking “(i)” and inserting “(A)”, and (C) by striking “(ii)” the second place it appears and inserting “(B)”, (4) in paragraph (3)(C) by striking “he” and inserting “the Commissioner”, (5) in subparagraphs (A) and (B) of paragraph (5) by striking “appropriated” each place it appears and inserting “allotted”, and (6) in paragraph (5)(B) beginning with the dash strike out all through the period and insert: “not more than 30 percent of the funds allotted for any fiscal year.”. (m) Section 321(a)(10) of the Older Americans Act of 1965 (42 U.S.C. 3030d(a)(10)) is amended by inserting “for” after “advocate”. (n) Section 337 of the Older Americans Act of 1965 (42 U.S.C. 3030g) is amended by striking “Association of Area Agencies on Aging” and inserting “National Association of Area Agencies on Aging”. (o) Section 422(b)(1) of the Older Americans Act of 1965 (42 U.S.C. 3035a(b)(1)) is amended by striking “Alzheimers’ disease and other organic and neurological brain disorders of the Alzheimers’ type” and inserting “Alzheimer’s disease and related disorders with neurological and organic brain dysfunction”. (p) Section 507(1) of the Older Americans Act of 1965 (42 U.S.C. 3056e(2)), as amended by subsection (b)(4), is amended by striking “the Bureau of Labor Statistics” and inserting “the Office of Management and Budget”. Part G— Consumer Price Index for Older Americans SEC. 191. INDEX AUTHORIZED. The Secretary of Labor shall, through the Bureau of Labor Statistics, develop, from existing data sources, a reweighted index of consumer prices which reflects the expenditures for consumption by Americans 62 years of age and older. The Secretary shall furnish to the Congress the index within 180 days after the date of enactment of this Act. The Secretary shall include with the index furnished a report which explains the characteristics of the reweighted index, the research necessary to develop and measure accurately the rate of inflation affecting such Americans, and provides estimates of time and cost required for additional activities necessary to carry out the objectives of this section.Older Americans Act Amendments of 1987
Pub. L. 100–175 § 106(a) · 101 Stat. 926
Inserted · 42 U.S.C. § 3012(b)(1)
Pub. L. 100–175, § 106(a), inserted reference to the Alcohol, Drug Abuse, and Mental Health Administration and the Administration on Developmental Disabilities
Source evidence
Code amendment note
Subsec. (b)(1). Pub. L. 100–175, § 106(a), inserted reference to the Alcohol, Drug Abuse, and Mental Health Administration and the Administration on Developmental Disabilities.Enacted provision · exact public law section
(a) Planning.— Section 202(b)(1) of the Older Americans Act of 1965 (42 U.S.C. 3012(b)(1)) is amended— (1) by striking “and” and inserting a comma, and (2) by inserting after “Act” the following: “, with the Alcohol, Drug Abuse, and Mental Health Administration and the Administration on Developmental Disabilities”.ADAMHA Reorganization Act
Pub. L. 102–321 § 163(c)(2)(A) · 106 Stat. 323
Substituted · 42 U.S.C. § 3012(b)(1)
Pub. L. 102–321, § 163(c)(2)(A), substituted “the Substance Abuse and Mental Health Services Administration” for “the Alcohol, Drug Abuse, and Mental Health Administration”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 102–321, § 163(c)(2)(A), substituted “the Substance Abuse and Mental Health Services Administration” for “the Alcohol, Drug Abuse, and Mental Health Administration”.Enacted provision · exact public law section
(A) in section 202(b)(1) (42 U.S.C. 3012(b)(1)), by striking out “the Alcohol, Drug Abuse, and Mental Health Administration” and inserting in lieu thereof “the Substance Abuse and Mental Health Services Administrationz”;Older Americans Act Amendments of 1992
Pub. L. 102–375 § 904(a)(4)(A)(i) · 106 Stat. 1195
Substituted · 42 U.S.C. § 3012(a)(1)
Pub. L. 102–375, § 904(a)(4)(A)(i), substituted “older individuals” for “the elderly” in two places
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 102–375, § 904(a)(4)(A)(i), substituted “older individuals” for “the elderly” in two places.Enacted provision · exact public law section
(i) in paragraph (1) by striking “the elderly” each place it appears and inserting “older individuals”;Older Americans Act Amendments of 1992
Pub. L. 102–375 § 202(a)(1) · 106 Stat. 1195
Inserted · 42 U.S.C. § 3012(a)(3)
Pub. L. 102–375, § 202(a)(1), inserted “directly” before “assist”
Source evidence
Code amendment note
Subsec. (a)(3). Pub. L. 102–375, § 202(a)(1), inserted “directly” before “assist”.Enacted provision · exact public law section
(1) in paragraph (3) by inserting “directly” after “(3)”;Older Americans Act Amendments of 1992
Pub. L. 102–375 § 202(a)(2) · 106 Stat. 1195
Substituted · 42 U.S.C. § 3012(a)(11)
Pub. L. 102–375, § 202(a)(2), substituted “coordinate” for “provide for the coordination of”
Source evidence
Code amendment note
Subsec. (a)(11). Pub. L. 102–375, § 202(a)(2), substituted “coordinate” for “provide for the coordination of”.Enacted provision · exact public law section
(2) in paragraph (11) by striking “provide for the coordination of” and inserting “coordinate”;Older Americans Act Amendments of 1992
Pub. L. 102–375 § 904(a)(4)(A)(iii) · 106 Stat. 1195
Substituted · 42 U.S.C. § 3012(a)(13)
Pub. L. 102–375, § 904(a)(4)(A)(iii), substituted “objectives” for “purposes”
Source evidence
Code amendment note
Subsec. (a)(13). Pub. L. 102–375, § 904(a)(4)(A)(iii), substituted “objectives” for “purposes”.Enacted provision · exact public law section
(iii) in paragraphs (13), (15), (16), and (17) by striking “purposes” and inserting “objectives”;Older Americans Act Amendments of 1992
Pub. L. 102–375 § 904(a)(4)(A)(ii) · 106 Stat. 1195
Substituted · 42 U.S.C. § 3012(a)(15)
Pub. L. 102–375, § 904(a)(4)(A)(ii), (iii), substituted “objectives” for “purposes”
Substituted · 42 U.S.C. § 3012(a)(15)
Pub. L. 102–375, § 904(a)(4)(A)(ii), (iii), substituted “older individuals” for “the elderly”
Substituted · 42 U.S.C. § 3012(a)(15)
Pub. L. 102–375, § 904(a)(4)(A)(ii), (iii), substituted “such individuals” for “older people”
Source evidence
Code amendment note
Subsec. (a)(15). Pub. L. 102–375, § 904(a)(4)(A)(ii), (iii), substituted “objectives” for “purposes”, “older individuals” for “the elderly”, and “such individuals” for “older people”.Enacted provision · exact public law section
(ii) in paragraph (15)— (I) by striking “the elderly” and inserting “older individuals”; and (II) by striking “older people” and inserting “such individuals”; andOlder Americans Act Amendments of 1992
Pub. L. 102–375 § 904(a)(4)(A)(iii) · 106 Stat. 1195
Substituted · 42 U.S.C. § 3012(a)(16); 42 U.S.C. § 3012(a)(17)
Pub. L. 102–375, § 904(a)(4)(A)(iii), substituted “objectives” for “purposes”
Source evidence
Code amendment note
Subsec. (a)(16), (17). Pub. L. 102–375, § 904(a)(4)(A)(iii), substituted “objectives” for “purposes”.Enacted provision · exact public law section
(iii) in paragraphs (13), (15), (16), and (17) by striking “purposes” and inserting “objectives”;Older Americans Act Amendments of 1992
Pub. L. 102–375 § 202(a)(3)(B) · 106 Stat. 1195
Substituted · 42 U.S.C. § 3012(a)(18)
Pub. L. 102–375, § 202(a)(3)(B), substituted “greatest economic need or individuals with greatest social need, with particular attention to and specific objectives for providing services to low-income minority individuals” for “the greatest economic or social needs”
Source evidence
Code amendment note
Subsec. (a)(18). Pub. L. 102–375, § 202(a)(3)(B), substituted “greatest economic need or individuals with greatest social need, with particular attention to and specific objectives for providing services to low-income minority individuals” for “the greatest economic or social needs”.Enacted provision · exact public law section
(B) by striking “the greatest economic or social needs” and inserting “greatest economic need or individuals with greatest social need, with particular attention to and specific objectives for providing services to low-income minority individuals”; andOlder Americans Act Amendments of 1992
Pub. L. 102–375 § 202(a)(3)(A) · 106 Stat. 1195
Inserted · 42 U.S.C. § 3012(a)(18)
Pub. L. 102–375, § 202(a)(3)(A), inserted “, and service providers,” after “agencies”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 102–375, § 202(a)(3)(A), inserted “, and service providers,” after “agencies”.Enacted provision · exact public law section
(A) by inserting “, and service providers,” after “agencies”; andOlder Americans Act Amendments of 1992
Pub. L. 102–375 § 102(b)(10)(A) · 106 Stat. 1195
Substituted · 42 U.S.C. § 3012(a)(18)
Pub. L. 102–375, § 102(b)(10)(A), substituted “area agencies on aging” for “area agencies”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 102–375, § 102(b)(10)(A), substituted “area agencies on aging” for “area agencies”.Enacted provision · exact public law section
(A) Sections 202(a)(18), 307(a)(14), 308(b)(3)(B)(iii), 310(a)(1), 311(d)(1), and 411(a)(2) (42 U.S.C. 3012(a)(18), 3027(a)(14), 3028(b)(3)(B)(iii), 3030(a)(l), 3030a(d)(1), and 3031(a)(2)) are amended by striking “area agencies” and inserting “area agencies on aging”.Older Americans Act Amendments of 1992
Pub. L. 102–375 § 202(a)(4)(A) · 106 Stat. 1195
Inserted · 42 U.S.C. § 3012(a)(19)(A)
Pub. L. 102–375, § 202(a)(4)(A), inserted “or activity” after “service” wherever appearing
Source evidence
Code amendment note
Subsec. (a)(19)(A). Pub. L. 102–375, § 202(a)(4)(A), inserted “or activity” after “service” wherever appearing.Enacted provision · exact public law section
(A) in subparagraph (A) by inserting “or activity” after “service” each place it appears; andOlder Americans Act Amendments of 1992
Pub. L. 102–375 § 708(c)(1) · 106 Stat. 1195
Struck · 42 U.S.C. § 3012(a)(20)
Pub. L. 102–375, § 708(c)(1), struck out “under section 3027(a)(31) of this title” after “application assistance”
Source evidence
Code amendment note
Subsec. (a)(20). Pub. L. 102–375, § 708(c)(1), struck out “under section 3027(a)(31) of this title” after “application assistance”.Enacted provision · exact public law section
(1) Section 202(a)(20) of the Older Americans Act of 1965 (42 U.S.C. 3012(a)(20)) is amended by striking “under section 307(a)(31)”.Older Americans Act Amendments of 1992
Pub. L. 102–375 § 202(a)(4)(B) · 106 Stat. 1195
Added · 42 U.S.C. § 3012(a)(21)(30)
Pub. L. 102–375, § 202(a)(4)(B), (b), added pars. (21) to (30)
Source evidence
Code amendment note
Subsec. (a)(21) to (30). Pub. L. 102–375, § 202(a)(4)(B), (b), added pars. (21) to (30).Enacted provision · exact public law section
(B) in subparagraph (C) by striking “and” at the end.Older Americans Act Amendments of 1992
Pub. L. 102–375 § 904(a)(4)(B)(i) · 106 Stat. 1195
Struck · 42 U.S.C. § 3012(b)(1)
Pub. L. 102–375, § 904(a)(4)(B)(i), struck out “with health systems agencies designated under section 300l–4 of this title,” after “linkages”
Source evidence
Code amendment note
Subsec. (b)(1). Pub. L. 102–375, § 904(a)(4)(B)(i), struck out “with health systems agencies designated under section 300l–4 of this title,” after “linkages”.Enacted provision · exact public law section
(i) in paragraph (1) by striking “with health systems agencies designated under section 1515 of the Public Health Service Act (42 U.S.C. 3001–4),”; andOlder Americans Act Amendments of 1992
Pub. L. 102–375 § 904(a)(4)(B)(ii) · 106 Stat. 1195
Substituted · 42 U.S.C. § 3012(b)(3)
Pub. L. 102–375, § 904(a)(4)(B)(ii), substituted “older individuals” for “the elderly”
Source evidence
Code amendment note
Subsec. (b)(3). Pub. L. 102–375, § 904(a)(4)(B)(ii), substituted “older individuals” for “the elderly”.Enacted provision · exact public law section
(ii) in paragraph (3) by striking “the elderly” and inserting “older individuals”;Older Americans Act Amendments of 1992
Pub. L. 102–375 § 202(c) · 106 Stat. 1195
Added · 42 U.S.C. § 3012(b)(4)
Pub. L. 102–375, § 202(c), added par. (4)
Source evidence
Code amendment note
Subsec. (b)(4). Pub. L. 102–375, § 202(c), added par. (4).Enacted provision · exact public law section
(c) Community-Based Long-Term Care Program.— Section 202(b) of the Older Americans Act of 1965 (42 U.S.C. 3012(b)) is amended— (1) in paragraph (2) by striking “and” at the end; (2) in paragraph (3) by striking the period at the end and inserting “; and”; and (3) by adding at the end the following: “(4) participate in all departmental and interdepartmental activities to provide a leadership role for the Administration, State agencies, and area agencies on aging in the development and implementation of a national community-based long-term care program for older individuals.”. •Older Americans Act Amendments of 1992
Pub. L. 102–375 § 202(d) · 106 Stat. 1195
Amended · 42 U.S.C. § 3012(c)
Pub. L. 102–375, § 202(d), designated existing provisions as par. (1)
Added · 42 U.S.C. § 3012(c)
Pub. L. 102–375, § 202(d), added par. (2)
Source evidence
Code amendment note
Subsec. (c). Pub. L. 102–375, § 202(d), designated existing provisions as par. (1) and added par. (2).Enacted provision · exact public law section
(d) Volunteer Service Coordinators.— Section 202(c) of the Older Americans Act of 1965 (42 U.S.C. 3012(c)) is amended— (1) by inserting “(1)” after “(c)”; and (2) by adding at the end the following: “(2) (A) In executing the duties and functions of the Administration under this Act and in carrying out the programs and activities provided for by this Act, the Commissioner shall act to encourage and assist the establishment and use of— “(i) area volunteer service coordinators, as described in section 306(a)(12), by area agencies on aging; and “(ii) State volunteer service coordinators, as described in section 307(a)(31), by State agencies. “(B) The Commissioner shall provide technical assistance to the area and State volunteer services coordinators.”.Older Americans Act Amendments of 1992
Pub. L. 102–375 § 202(e) · 106 Stat. 1195
Added · 42 U.S.C. § 3012(d)
Pub. L. 102–375, § 202(e), added subsec. (d)
Source evidence
Code amendment note
Subsec. (d). Pub. L. 102–375, § 202(e), added subsec. (d).Enacted provision · exact public law section
(e) National Center on Elder Abuse.— Section 202 of the Older Americans Act of 1965 (42 U.S.C. 3012) is amended by adding at the end the following: “(d) (1) The Commissioner shall establish and operate the Establishment. National Center on Elder Abuse (in this subsection referred to as the ‘Center’). (2) In operating the Center, the Commissioner shall— “(A) annually compile, publish, and disseminate a summary of recently conducted research on elder abuse, neglect, and exploitation; “(B) develop and maintain an information clearinghouse on all programs (including private programs) showing promise of success, for the prevention, identification, and treatment of elder abuse, neglect, and exploitation; “(C) compile, publish, and disseminate training materials for personnel who are engaged or intend to engage in the prevention, identification, and treatment of elder abuse, neglect, and exploitation; “(D) provide technical assistance to State agencies and to other public and nonprofit private agencies and organizations to assist the agencies and organizations in planning, improving, developing, and carrying out programs and activities relating to the special problems of elder abuse, neglect, and exploitation; and “(E) conduct research and demonstration projects regarding the causes, prevention, identification, and treatment of elder abuse, neglect, and exploitation. “(3) (A) The Commissioner shall carry out paragraph (2) through grants or contracts. “(B) The Commissioner shall issue criteria applicable to the recipients of funds under this subsection. To be eligible to receive a grant or enter into a contract under subparagraph (A), an entity shall submit an application to the Commissioner at such time, in such manner, and containing such information as the Commissioner may require. “(C) The Commissioner shall— “(i) establish research priorities for making grants or contracts to carry out paragraph (2)(E); and “(ii) not later than 60 days before the date on which the Commissioner establishes such priorities, publish in the Federal Register for public comment a statement of such proposed priorities. “(4) The Commissioner shall make available to the Center such resources as are necessary for the Center to carry out effectively the functions of the Center under this Act and not less than the amount of resources made available to the Resource Center on Elder Abuse for fiscal year 1990.”.Older Americans Act Amendments of 1992
Pub. L. 102–375 § 202(f) · 106 Stat. 1195
Added · 42 U.S.C. § 3012(e)
Pub. L. 102–375, § 202(f), added subsec. (e)
Source evidence
Code amendment note
Subsec. (e). Pub. L. 102–375, § 202(f), added subsec. (e).Enacted provision · exact public law section
(f) National Aging Information Center.— Section 202 of the Older Americans Act of 1965 (42 U.S.C. 3012), as amended by subsection (e) of this section, is amended by adding at the end the following: “(e) (1) (A) The Commissioner shall make grants or enter into contracts with eligible entities to establish the National Aging Information Center (in this subsection referred to as the ‘Center’) to— “(i) provide information about education and training projects established under part A, and research and demonstration projects, and other activities, established under part B, of title IV to persons requesting such information; “(ii) annually compile, analyze, publish, and disseminate— “(I) statistical data collected under subsection (a)(19); “(II) census data on aging demographics; and “(III) data from other Federal agencies on the health, social, and economic status of older individuals and on the services provided to older individuals; “(iii) biennially compile, analyze, publish, and disseminate statistical data collected on the functions, staffing patterns, and funding sources of State agencies and area agencies on aging; “(iv) analyze the information collected under section 201(c)(3)(F) by the Associate Commissioner on American Indian, Alaskan Native, and Native Hawaiian Aging, and the information provided by the Resource Centers on Native American Elders under section 429E; “(v) provide technical assistance, training, and other means of assistance to State agencies, area agencies on aging, and service providers, regarding State and local data collection and analysis; and “(vi) be a national resource on statistical data regarding aging; “(B) To be eligible to receive a grant or enter into a contract under subparagraph (A), an entity shall submit an application to the Commissioner at such time, in such manner, and containing such information as the Commissioner may require. “(C) Entities eligible to receive a grant or enter into a contract under subparagraph (A) shall be organizations with a demonstrated record of experience in education and information dissemination. “(2) (A) The Commissioner shall establish procedures specifying the length of time that the Center shall provide the information described in paragraph (1) with respect to a particular project or activity. The procedures shall require the Center to maintain Records. the information beyond the term of the grant awarded, or contract entered into, to carry out the project or activity. “(B) The Commissioner shall establish the procedures described in subparagraph (A) after consultation with— “(i) practitioners in the field of aging; “(ii) older individuals; “(iii) representatives of institutions of higher education; “(iv) national aging organizations; “(v) State agencies; “(vi) area agencies on aging; “(vii) legal assistance providers; “(viii) service providers; and “(ix) other persons with an interest in the field of aging.”.National and Community Service Trust Act of 1993
Pub. L. 103–82 title IV § 405(g)(1) · 107 Stat. 785
Substituted · 42 U.S.C. § 3012(c)(1)
Pub. L. 103–82 substituted “the Corporation for National and Community Service” for “the Director of the ACTION Agency”
Source evidence
Code amendment note
Subsec. (c)(1). Pub. L. 103–82 substituted “the Corporation for National and Community Service” for “the Director of the ACTION Agency”.Enacted provision · exact public law section
(1) in section 202(c)(1) (42 U.S.C. 3012(c)(1)), by striking “the Director of the ACTION Agency” and inserting “the Corporation for National and Community Service”;Older Americans Act Technical Amendments of 1993
Pub. L. 103–171 § 3(a)(3)(A) · 107 Stat. 1988
Substituted · 42 U.S.C. § 3012
Pub. L. 103–171, § 3(a)(3)(A), substituted “Assistant Secretary” for “Commissioner” in section catchline
Source evidence
Code amendment note
Pub. L. 103–171, § 3(a)(3)(A), substituted “Assistant Secretary” for “Commissioner” in section catchline.Enacted provision · exact public law section
(A) in the heading by striking “commissioner” and inserting “assistant secretary”,Older Americans Act Technical Amendments of 1993
Pub. L. 103–171 § 3(a)(3)(D) · 107 Stat. 1988
Substituted · 42 U.S.C. § 3012(a)(13)
Pub. L. 103–171, § 3(a)(3)(D), substituted “Assistant Secretary” for “Commissioner”
Source evidence
Code amendment note
Subsec. (a)(13). Pub. L. 103–171, § 3(a)(3)(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 § 2(2) · 107 Stat. 1988
Struck and inserted · 42 U.S.C. § 3012(a)(18)
Pub. L. 103–171, § 2(2), struck out “, and service providers,” after “area agencies” and inserted the phrase after “on aging”
Source evidence
Code amendment note
Subsec. (a)(18). Pub. L. 103–171, § 2(2), struck out “, and service providers,” after “area agencies” and inserted the phrase after “on aging”.Enacted provision · exact public law section
(2) 42 USC 3012. in section 202(a)(18)— (A) by striking and service providers,”, and (B) by inserting “, and service providers,” after “on aging”,Older Americans Act Technical Amendments of 1993
Pub. L. 103–171 § 3(a)(3)(B) · 107 Stat. 1988
Substituted · 42 U.S.C. § 3012(a)(21)(A)
Pub. L. 103–171, § 3(a)(3)(B), substituted “Director of the Office of Long-Term Care Ombudsman Programs” for “Associate Commissioner for Ombudsman Programs”
Source evidence
Code amendment note
Subsec. (a)(21)(A). Pub. L. 103–171, § 3(a)(3)(B), substituted “Director of the Office of Long-Term Care Ombudsman Programs” for “Associate Commissioner for Ombudsman Programs”.Enacted provision · exact public law section
(B) in subsection (a)(21)(A) by striking “Associate Commissioner for Ombudsman Programs” and inserting “Director of the Office of Long-Term Care Ombudsman Programs”,Older Americans Act Technical Amendments of 1993
Pub. L. 103–171 § 3(a)(3)(D) · 107 Stat. 1988
Substituted · 42 U.S.C. § 3012(a)(22)(A); 42 U.S.C. § 3012(a)(22)(D)
Pub. L. 103–171, § 3(a)(3)(D), substituted “Assistant Secretary” for “Commissioner”
Source evidence
Code amendment note
Subsec. (a)(22)(A), (D). Pub. L. 103–171, § 3(a)(3)(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 § 2(3) · 107 Stat. 1988
Substituted · 42 U.S.C. § 3012(a)(27)(C)
Pub. L. 103–171, § 2(3), substituted “1995” for “1994”
Source evidence
Code amendment note
Subsec. (a)(27)(C). Pub. L. 103–171, § 2(3), substituted “1995” for “1994”.Enacted provision · exact public law section
(3) in section 202(a)(27)(C) by striking “1994” and inserting “1995”,Older Americans Act Technical Amendments of 1993
Pub. L. 103–171 § 3(a)(3)(D) · 107 Stat. 1988
Substituted · 42 U.S.C. § 3012(a)(30); 42 U.S.C. § 3012(a)(b); 42 U.S.C. § 3012(a)(c)
Pub. L. 103–171, § 3(a)(3)(D), substituted “Assistant Secretary” for “Commissioner” wherever appearing
Source evidence
Code amendment note
Subsecs. (a)(30), (b), (c). Pub. L. 103–171, § 3(a)(3)(D), substituted “Assistant Secretary” for “Commissioner” wherever appearing.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)(3)(D) · 107 Stat. 1988
Substituted · 42 U.S.C. § 3012(d); 42 U.S.C. § 3012(e)
Pub. L. 103–171, § 3(a)(3)(D), substituted “Assistant Secretary” for “Commissioner” wherever appearing
Source evidence
Code amendment note
Subsecs. (d), (e). Pub. L. 103–171, § 3(a)(3)(D), substituted “Assistant Secretary” for “Commissioner” wherever appearing.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)(3)(C) · 107 Stat. 1988
Substituted · 42 U.S.C. § 3012(e)(1)(A)(iv)
Pub. L. 103–171, § 3(a)(3)(C), substituted “Director of the Office for” for “Associate Commissioner on”
Source evidence
Code amendment note
Subsec. (e)(1)(A)(iv). Pub. L. 103–171, § 3(a)(3)(C), substituted “Director of the Office for” for “Associate Commissioner on”.Enacted provision · exact public law section
(C) in subsection (e)(1)(A)(iv) by striking “Associate Commissioner on” and inserting “Director of the Office for”, andPub. L. 106–501 § 201(1)(A) · 114 Stat. 2226
Redesignated · 42 U.S.C. § 3012(a)(9)
Pub. L. 106–501, § 201(1)(A), redesignated par. (10) as (9)
Struck · 42 U.S.C. § 3012(a)(9)
Pub. L. 106–501, § 201(1)(A), struck out former par. (9) which read as follows: “stimulate more effective use of existing resources and available services for the aged and aging, including existing legislative protections with particular emphasis on the application of the Age Discrimination in Employment Act of 1967;”
Source evidence
Code amendment note
Subsec. (a)(9). Pub. L. 106–501, § 201(1)(A), redesignated par. (10) as (9) and struck out former par. (9) which read as follows: “stimulate more effective use of existing resources and available services for the aged and aging, including existing legislative protections with particular emphasis on the application of the Age Discrimination in Employment Act of 1967;”.Enacted provision · exact public law section
(A) by striking paragraph (9) and redesignating paragraphs (10), (11), and (12) as paragraphs (9), (10), and (11) respectively;Pub. L. 106–501 § 201(1)(A) · 114 Stat. 2226
Redesignated · 42 U.S.C. § 3012(a)(10); 42 U.S.C. § 3012(a)(11)
Pub. L. 106–501, § 201(1)(A), redesignated pars. (11) and (12) as (10) and (11), respectively. Former par. (10) redesignated (9)
Source evidence
Code amendment note
Subsec. (a)(10), (11). Pub. L. 106–501, § 201(1)(A), redesignated pars. (11) and (12) as (10) and (11), respectively. Former par. (10) redesignated (9).Enacted provision · exact public law section
(A) by striking paragraph (9) and redesignating paragraphs (10), (11), and (12) as paragraphs (9), (10), and (11) respectively;Pub. L. 106–501 § 201(1)(B) · 114 Stat. 2226
Redesignated · 42 U.S.C. § 3012(a)(12)
Pub. L. 106–501, § 201(1)(B), redesignated par. (15) as (12). Former par. (12) redesignated (11)
Source evidence
Code amendment note
Subsec. (a)(12). Pub. L. 106–501, § 201(1)(B), redesignated par. (15) as (12). Former par. (12) redesignated (11).Enacted provision · exact public law section
(B) by striking paragraphs (13) and (14) and redesignating the remaining paragraphs;Pub. L. 106–501 § 201(1)(B) · 114 Stat. 2226
Redesignated · 42 U.S.C. § 3012(a)(13); 42 U.S.C. § 3012(a)(14)
Pub. L. 106–501, § 201(1)(B), redesignated pars. (16) and (17) as (13) and (14), respectively
Struck · 42 U.S.C. § 3012(a)(13); 42 U.S.C. § 3012(a)(14)
Pub. L. 106–501, § 201(1)(B), struck out former pars. (13) and (14), which read as follows:
Source evidence
Code amendment note
Subsec. (a)(13), (14). Pub. L. 106–501, § 201(1)(B), redesignated pars. (16) and (17) as (13) and (14), respectively, and struck out former pars. (13) and (14), which read as follows:“(13) convene conferences of such authorities and officials of public (including Federal, State, and local agencies) and nonprofit private organizations concerned with the development and operation of programs for older individuals as the Assistant Secretary deems necessary or proper for the development and implementation of policies related to the objectives of this chapter; “(14) develop and operate programs providing services and opportunities as authorized by this chapter which are not otherwise provided by existing programs for older individuals;”.
Enacted provision · exact public law section
(B) by striking paragraphs (13) and (14) and redesignating the remaining paragraphs;Pub. L. 106–501 § 201(1)(B) · 114 Stat. 2226
Redesignated · 42 U.S.C. § 3012(a)(15)
Pub. L. 106–501, § 201(1)(B), (C), redesignated par. (18) as (15)
Redesignated · 42 U.S.C. § 3012(a)(15)
Pub. L. 106–501, § 201(1)(B), (C), inserted “and older individuals residing in rural areas” after “low-income minority individuals”. Former par. (15) redesignated (12)
Source evidence
Code amendment note
Subsec. (a)(15). Pub. L. 106–501, § 201(1)(B), (C), redesignated par. (18) as (15) and inserted “and older individuals residing in rural areas” after “low-income minority individuals”. Former par. (15) redesignated (12).Enacted provision · exact public law section
(B) by striking paragraphs (13) and (14) and redesignating the remaining paragraphs;Pub. L. 106–501 § 201(1)(B) · 114 Stat. 2226
Redesignated · 42 U.S.C. § 3012(a)(16)
Pub. L. 106–501, § 201(1)(B), redesignated par. (19) as (16). Former par. (16) redesignated (13)
Source evidence
Code amendment note
Subsec. (a)(16). Pub. L. 106–501, § 201(1)(B), redesignated par. (19) as (16). Former par. (16) redesignated (13).Enacted provision · exact public law section
(B) by striking paragraphs (13) and (14) and redesignating the remaining paragraphs;Pub. L. 106–501 § 801(b)(2)(A)(i) · 114 Stat. 2226
Redesignated · 42 U.S.C. § 3012(a)(16)(C)
Pub. L. 106–501, § 801(b)(2)(A)(i), which directed that par. (19)(C) be amended by substituting “paragraphs (2) and (4)(A) of section 3026(a)” for “paragraphs (2) and (5)(A) of section 3026(a)”, was executed by making the substitution in par. (16)(C), to reflect the probable intent of Congress and the redesignation of par. (19) as (16) by Pub. L. 106–501, § 201(1)(B). See above
Source evidence
Code amendment note
Subsec. (a)(16)(C). Pub. L. 106–501, § 801(b)(2)(A)(i), which directed that par. (19)(C) be amended by substituting “paragraphs (2) and (4)(A) of section 3026(a)” for “paragraphs (2) and (5)(A) of section 3026(a)”, was executed by making the substitution in par. (16)(C), to reflect the probable intent of Congress and the redesignation of par. (19) as (16) by Pub. L. 106–501, § 201(1)(B). See above.Enacted provision · exact public law section
(i) in paragraph (19)(C), by striking “paragraphs (2) and (5)(A) of section 306(a)” and inserting “paragraphs (2) and (4)(A) of section 306(a)”; andPub. L. 106–501 § 201(1)(B) · 114 Stat. 2226
Redesignated · 42 U.S.C. § 3012(a)(17)
Pub. L. 106–501, § 201(1)(B), redesignated par. (20) as (17). Former par. (17) redesignated (14)
Source evidence
Code amendment note
Subsec. (a)(17). Pub. L. 106–501, § 201(1)(B), redesignated par. (20) as (17). Former par. (17) redesignated (14).Enacted provision · exact public law section
(B) by striking paragraphs (13) and (14) and redesignating the remaining paragraphs;Pub. L. 106–501 § 201(1)(B) · 114 Stat. 2226
Redesignated · 42 U.S.C. § 3012(a)(18)
Pub. L. 106–501, § 201(1)(B), (D), redesignated par. (21) as (18)
Redesignated · 42 U.S.C. § 3012(a)(18)
Pub. L. 106–501, § 201(1)(B), (D), substituted “2000” for “1990” in subpar. (B). Former par. (18) redesignated (15)
Source evidence
Code amendment note
Subsec. (a)(18). Pub. L. 106–501, § 201(1)(B), (D), redesignated par. (21) as (18) and substituted “2000” for “1990” in subpar. (B). Former par. (18) redesignated (15).Enacted provision · exact public law section
(B) by striking paragraphs (13) and (14) and redesignating the remaining paragraphs;Pub. L. 106–501 § 201(1)(E) · 114 Stat. 2226
Added · 42 U.S.C. § 3012(a)(19)
Pub. L. 106–501, § 201(1)(E), added par. (19)
Struck · 42 U.S.C. § 3012(a)(19)
Pub. L. 106–501, § 201(1)(E), struck out former par. (19) which directed the Administration to issue regulations, and conduct strict monitoring of State compliance with the requirements in effect, under this chapter to prohibit conflicts of interest and to maintain the integrity and public purpose of services provided and service providers, under this chapter in all contractual and commercial relationships, and to include in such regulations certain conditions for being designated as an area agency on aging
Source evidence
Code amendment note
Subsec. (a)(19). Pub. L. 106–501, § 201(1)(E), added par. (19) and struck out former par. (19) which directed the Administration to issue regulations, and conduct strict monitoring of State compliance with the requirements in effect, under this chapter to prohibit conflicts of interest and to maintain the integrity and public purpose of services provided and service providers, under this chapter in all contractual and commercial relationships, and to include in such regulations certain conditions for being designated as an area agency on aging.Enacted provision · exact public law section
(E) by striking paragraph (19) (as redesignated) and inserting the following; “(19) conduct strict monitoring of State compliance with the requirements in effect, under this Act to prohibit conflicts of interest and to maintain the integrity and public purpose of services provided and service providers, under this Act in all contractual and commercial relationships;”;Pub. L. 106–501 § 201(1)(B) · 114 Stat. 2226
Redesignated · 42 U.S.C. § 3012(a)(19)
Pub. L. 106–501, § 201(1)(B), redesignated par. (22) as (19). Former par. (19) redesignated (16)
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 106–501, § 201(1)(B), redesignated par. (22) as (19). Former par. (19) redesignated (16).Enacted provision · exact public law section
(B) by striking paragraphs (13) and (14) and redesignating the remaining paragraphs;Pub. L. 106–501 § 201(1)(B) · 114 Stat. 2226
Redesignated · 42 U.S.C. § 3012(a)(20)
Pub. L. 106–501, § 201(1)(B), redesignated par. (23) as (20). Former par. (20) redesignated (17)
Source evidence
Code amendment note
Subsec. (a)(20). Pub. L. 106–501, § 201(1)(B), redesignated par. (23) as (20). Former par. (20) redesignated (17).Enacted provision · exact public law section
(B) by striking paragraphs (13) and (14) and redesignating the remaining paragraphs;Pub. L. 106–501 § 201(1)(F) · 114 Stat. 2226
Added · 42 U.S.C. § 3012(a)(21)
Pub. L. 106–501, § 201(1)(F), added par. (21)
Struck · 42 U.S.C. § 3012(a)(21)
Pub. L. 106–501, § 201(1)(F), struck out former par. (21) which read as follows: “establish information and assistance services as priority services for older individuals;”
Source evidence
Code amendment note
Subsec. (a)(21). Pub. L. 106–501, § 201(1)(F), added par. (21) and struck out former par. (21) which read as follows: “establish information and assistance services as priority services for older individuals;”.Enacted provision · exact public law section
(F) by striking paragraph (21) (as redesignated) and inserting the following: “(21) establish information and assistance services as priority services for older individuals, and develop and operate, either directly or through contracts, grants, or cooperative agreements, a National Eldercare Locator Service, providing information and assistance services through a nationwide toll-free number to identify community resources for older individuals;”;Pub. L. 106–501 § 201(1)(B) · 114 Stat. 2226
Redesignated · 42 U.S.C. § 3012(a)(21)
Pub. L. 106–501, § 201(1)(B), redesignated par. (24) as (21). Former par. (21) redesignated (18)
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 106–501, § 201(1)(B), redesignated par. (24) as (21). Former par. (21) redesignated (18).Enacted provision · exact public law section
(B) by striking paragraphs (13) and (14) and redesignating the remaining paragraphs;Pub. L. 106–501 § 201(1)(B) · 114 Stat. 2226
Redesignated · 42 U.S.C. § 3012(a)(22)
Pub. L. 106–501, § 201(1)(B), redesignated par. (25) as (22). Former par. (22) redesignated (19)
Source evidence
Code amendment note
Subsec. (a)(22). Pub. L. 106–501, § 201(1)(B), redesignated par. (25) as (22). Former par. (22) redesignated (19).Enacted provision · exact public law section
(B) by striking paragraphs (13) and (14) and redesignating the remaining paragraphs;Pub. L. 106–501 § 201(1)(B) · 114 Stat. 2226
Redesignated · 42 U.S.C. § 3012(a)(23)
Pub. L. 106–501, § 201(1)(B), redesignated par. (26) as (23). Former par. (23) redesignated (20)
Source evidence
Code amendment note
Subsec. (a)(23). Pub. L. 106–501, § 201(1)(B), redesignated par. (26) as (23). Former par. (23) redesignated (20).Enacted provision · exact public law section
(B) by striking paragraphs (13) and (14) and redesignating the remaining paragraphs;Pub. L. 106–501 § 201(1)(G) · 114 Stat. 2226
Added · 42 U.S.C. § 3012(a)(24)
Pub. L. 106–501, § 201(1)(G), added par. (24)
Struck · 42 U.S.C. § 3012(a)(24)
Pub. L. 106–501, § 201(1)(G), struck out former par. (24) which read as follows:
Source evidence
Code amendment note
Subsec. (a)(24). Pub. L. 106–501, § 201(1)(G), added par. (24) and struck out former par. (24) which read as follows:“(24)(A) conduct a study to determine ways in which Federal funds might be more effectively targeted to low-income minority older individuals, and older individuals residing in rural areas, to better meet the needs of States with a disproportionate number of older individuals with greatest economic need and older individuals with greatest social need; “(B) conduct a study to determine ways in which Federal funds might be more effectively targeted to better meet the needs of States with disproportionate numbers of older individuals, including methods of allotting funds under subchapter III of this chapter, using the most recent estimates of the population of older individuals; and “(C) not later than January 1, 1995, submit a report containing the findings resulting from the studies described in subparagraphs (A) and (B) to the Speaker of the House of Representatives and the President pro tempore of the Senate;”.
Enacted provision · exact public law section
(G) by striking paragraph (24) (as redesignated) and inserting the following: “(24) establish and carry out pension counseling and information programs described in section 215;”; andPub. L. 106–501 § 201(1)(B) · 114 Stat. 2226
Redesignated · 42 U.S.C. § 3012(a)(24)
Pub. L. 106–501, § 201(1)(B), redesignated par. (27) as (24). Former par. (24) redesignated (21)
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 106–501, § 201(1)(B), redesignated par. (27) as (24). Former par. (24) redesignated (21).Enacted provision · exact public law section
(B) by striking paragraphs (13) and (14) and redesignating the remaining paragraphs;Pub. L. 106–501 § 201(1)(B) · 114 Stat. 2226
Redesignated · 42 U.S.C. § 3012(a)(25)
Pub. L. 106–501, § 201(1)(B), redesignated par. (28) as (25). Former par. (25) redesignated (22)
Source evidence
Code amendment note
Subsec. (a)(25). Pub. L. 106–501, § 201(1)(B), redesignated par. (28) as (25). Former par. (25) redesignated (22).Enacted provision · exact public law section
(B) by striking paragraphs (13) and (14) and redesignating the remaining paragraphs;Pub. L. 106–501 § 801(b)(2)(A)(ii) · 114 Stat. 2226
Substituted · 42 U.S.C. § 3012(a)(26)
Pub. L. 106–501, § 801(b)(2)(A)(ii), which directed that par. (26) be amended by substituting “section 3027(a)(13) of this title and section 3058j of this title” for “sections 3027(a)(18) and 3058j(b)(2) of this title”, could not be executed because “sections 3027(a)(18) and 3058j(b)(2) of this title” did not appear in text
Source evidence
Code amendment note
Subsec. (a)(26). Pub. L. 106–501, § 801(b)(2)(A)(ii), which directed that par. (26) be amended by substituting “section 3027(a)(13) of this title and section 3058j of this title” for “sections 3027(a)(18) and 3058j(b)(2) of this title”, could not be executed because “sections 3027(a)(18) and 3058j(b)(2) of this title” did not appear in text.Enacted provision · exact public law section
(ii) in paragraph (26), by striking “sections 307(a)(18) and 731(b)(2)” and inserting “section 307(a)(13) and section 731”;Pub. L. 106–501 § 201(1)(B) · 114 Stat. 2226
Redesignated · 42 U.S.C. § 3012(a)(26)
Pub. L. 106–501, § 201(1)(B), redesignated par. (29) as (26). Former par. (26) redesignated (23)
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 106–501, § 201(1)(B), redesignated par. (29) as (26). Former par. (26) redesignated (23).Enacted provision · exact public law section
(B) by striking paragraphs (13) and (14) and redesignating the remaining paragraphs;Pub. L. 106–501 § 201(1)(I) · 114 Stat. 2226
Added · 42 U.S.C. § 3012(a)(27)
Pub. L. 106–501, § 201(1)(I), added par. (27)
Source evidence
Code amendment note
Subsec. (a)(27). Pub. L. 106–501, § 201(1)(I), added par. (27).Enacted provision · exact public law section
(I) by adding a new paragraph (27): “(27) improve the delivery of services to older individuals living in rural areas through— “(A) synthesizing results of research on how best to meet the service needs of older individuals in rural areas; “(B) developing a resource guide on best practices for States, area agencies on aging, and service providers; “(C) providing training and technical assistance to States to implement these best practices of service delivery; and “(D) submitting a report on the States’ experiences in implementing these best practices and the effect these innovations are having on improving service delivery in rural areas to the relevant committees not later than 36 months after enactment.”;Pub. L. 106–501 § 201(1)(H) · 114 Stat. 2226
Struck · 42 U.S.C. § 3012(a)(27)
Pub. L. 106–501, § 201(1)(H), which directed amendment of subsec. (a) by striking out par. (27)
Redesignated · 42 U.S.C. § 3012(a)(27)
Pub. L. 106–501, § 201(1)(H), which directed amendment of subsec. (a) by redesignating the remaining pars., could only be executed by striking out par. (27) because there were no remaining pars. in subsec. (a) after amendment by Pub. L. 106–501, § 201(1)(B). Prior to amendment, par. (27) read as follows: “require that all Federal grants and contracts made under this subchapter and subchapter IV of this chapter be made in accordance with a competitive bidding process established by the Assistant Secretary by regulation.”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 106–501, § 201(1)(H), which directed amendment of subsec. (a) by striking out par. (27) and redesignating the remaining pars., could only be executed by striking out par. (27) because there were no remaining pars. in subsec. (a) after amendment by Pub. L. 106–501, § 201(1)(B). Prior to amendment, par. (27) read as follows: “require that all Federal grants and contracts made under this subchapter and subchapter IV of this chapter be made in accordance with a competitive bidding process established by the Assistant Secretary by regulation.”Enacted provision · exact public law section
(H) by striking paragraph (27) and redesignating the remaining paragraphs;Pub. L. 106–501 § 201(1)(B) · 114 Stat. 2226
Redesignated · 42 U.S.C. § 3012(a)(27)
Pub. L. 106–501, § 201(1)(B), redesignated par. (30) as (27). Former par. (27) redesignated (24)
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 106–501, § 201(1)(B), redesignated par. (30) as (27). Former par. (27) redesignated (24).Enacted provision · exact public law section
(B) by striking paragraphs (13) and (14) and redesignating the remaining paragraphs;Pub. L. 106–501 § 201(1)(B) · 114 Stat. 2226
Redesignated · 42 U.S.C. § 3012(a)(28)(30)
Pub. L. 106–501, § 201(1)(B), redesignated pars. (28) to (30) as (25) to (27), respectively
Source evidence
Code amendment note
Subsec. (a)(28) to (30). Pub. L. 106–501, § 201(1)(B), redesignated pars. (28) to (30) as (25) to (27), respectively.Enacted provision · exact public law section
(B) by striking paragraphs (13) and (14) and redesignating the remaining paragraphs;Pub. L. 106–501 § 801(b)(2)(B) · 114 Stat. 2226
Struck · 42 U.S.C. § 3012(c)
Pub. L. 106–501, § 801(b)(2)(B), struck out par. (1) designation before “In executing the duties”
Struck · 42 U.S.C. § 3012(c)
Pub. L. 106–501, § 801(b)(2)(B), struck out par. (2) which read as follows:
Source evidence
Code amendment note
Subsec. (c). Pub. L. 106–501, § 801(b)(2)(B), struck out par. (1) designation before “In executing the duties” and struck out par. (2) which read as follows:“(2)(A) In executing the duties and functions of the Administration under this chapter and in carrying out the programs and activities provided for by this chapter, the Assistant Secretary shall act to encourage and assist the establishment and use of— “(i) area volunteer service coordinators, as described in section 3026(a)(12) of this title, by area agencies on aging; and “(ii) State volunteer service coordinators, as described in section 3027(a)(31) of this title, by State agencies. “(B) The Assistant Secretary shall provide technical assistance to the area and State volunteer services coordinators.”
Enacted provision · exact public law section
(B) in subsection (c)— (i) in paragraph (1), by striking “(c)(1)” and inserting “(c)”; and (ii) by striking paragraph (2); andPub. L. 106–501 § 201(2) · 114 Stat. 2226
Substituted · 42 U.S.C. § 3012(d)(4)
Pub. L. 106–501, § 201(2), substituted “2000” for “1990”
Source evidence
Code amendment note
Subsec. (d)(4). Pub. L. 106–501, § 201(2), substituted “2000” for “1990”.Enacted provision · exact public law section
(2) in subsection (d)(4), by striking “1990” and inserting “2000”; andPub. L. 106–501 § 801(b)(2)(C)(i) · 114 Stat. 2226
Added · 42 U.S.C. § 3012(e)(1)(A)(i)
Pub. L. 106–501, § 801(b)(2)(C)(i), added cl. (i)
Struck · 42 U.S.C. § 3012(e)(1)(A)(i)
Pub. L. 106–501, § 801(b)(2)(C)(i), struck out former cl. (i) which read as follows: “provide information about education and training projects established under part A, and research and demonstration projects, and other activities, established under part B, of subchapter IV of this chapter to persons requesting such information;”
Source evidence
Code amendment note
Subsec. (e)(1)(A)(i). Pub. L. 106–501, § 801(b)(2)(C)(i), added cl. (i) and struck out former cl. (i) which read as follows: “provide information about education and training projects established under part A, and research and demonstration projects, and other activities, established under part B, of subchapter IV of this chapter to persons requesting such information;”.Enacted provision · exact public law section
(i) by striking clause (i) and inserting the following: “(i) provide information about grants and projects under title IV;”; andPub. L. 106–501 § 801(b)(2)(C)(ii) · 114 Stat. 2226
Struck · 42 U.S.C. § 3012(e)(1)(A)(iv)
Pub. L. 106–501, § 801(b)(2)(C)(ii), struck out “, and the information provided by the Resource Centers on Native American Elders under section 3035m of this title” before semicolon at end
Source evidence
Code amendment note
Subsec. (e)(1)(A)(iv). Pub. L. 106–501, § 801(b)(2)(C)(ii), struck out “, and the information provided by the Resource Centers on Native American Elders under section 3035m of this title” before semicolon at end.Enacted provision · exact public law section
(ii) in clause (iv), by striking “, and the information provided by the Resource Centers on Native American Elders under section 429E”.Pub. L. 106–501 § 201(3) · 114 Stat. 2226
Added · 42 U.S.C. § 3012(f)
Pub. L. 106–501, § 201(3), added subsec. (f)
Source evidence
Code amendment note
Subsec. (f). Pub. L. 106–501, § 201(3), added subsec. (f).Enacted provision · exact public law section
(3) by adding at the end the following: “(f) (1) The Assistant Secretary, in accordance with the process described in paragraph (2), and in collaboration with a representative group of State agencies, tribal organizations, area agencies on aging, and providers of services involved in the performance outcome measures shall develop and publish by December 31, 2001, a set of performance outcome measures for planning, managing, and evaluating activities performed and services provided under this Act. To the maximum extent possible, the Assistant Secretary shall use data currently collected (as of the date of development of the measures) by State agencies, area agencies on aging, and service providers through the National Aging Program Information System and other applicable sources of information in developing such measures. “(2) The process for developing the performance outcome measures described in paragraph (1) shall include— “(A) a review of such measures currently in use by State agencies and area agencies on aging (as of the date of the review); “(B) development of a proposed set of such measures that provides information about the major activities performed and services provided under this Act; “(C) pilot testing of the proposed set of such measures, including an identification of resource, infrastructure, and data collection issues at the State and local levels; and “(D) evaluation of the pilot test and recommendations for modification of the proposed set of such measures.”.Pub. L. 109–365 § 202(1)(A) · 120 Stat. 2528
Inserted · 42 U.S.C. § 3012(a)(5)
Pub. L. 109–365, § 202(1)(A), inserted “assistive technology,” after “housing,”
Unresolved: Pub. L. 109–365 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (a)(5). Pub. L. 109–365, § 202(1)(A), inserted “assistive technology,” after “housing,”.Pub. L. 109–365 § 202(1)(B) · 120 Stat. 2528
Added · 42 U.S.C. § 3012(a)(12)
Pub. L. 109–365, § 202(1)(B), added par. (12)
Struck · 42 U.S.C. § 3012(a)(12)
Pub. L. 109–365, § 202(1)(B), struck out former par. (12) which read as follows: “carry on a continuing evaluation of the programs and activities related to the objectives of this chapter, with particular attention to the impact of medicare and medicaid, the Age Discrimination in Employment Act of 1967, and the programs of the National Housing Act relating to housing for older individuals and the setting of standards for the licensing of nursing homes, intermediate care homes, and other facilities providing care for such individuals;”
Unresolved: Pub. L. 109–365 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (a)(12). Pub. L. 109–365, § 202(1)(B), added par. (12) and struck out former par. (12) which read as follows: “carry on a continuing evaluation of the programs and activities related to the objectives of this chapter, with particular attention to the impact of medicare and medicaid, the Age Discrimination in Employment Act of 1967, and the programs of the National Housing Act relating to housing for older individuals and the setting of standards for the licensing of nursing homes, intermediate care homes, and other facilities providing care for such individuals;”.Pub. L. 109–365 § 202(1)(C) · 120 Stat. 2528
Added · 42 U.S.C. § 3012(a)(20)
Pub. L. 109–365, § 202(1)(C), added par. (20)
Struck · 42 U.S.C. § 3012(a)(20)
Pub. L. 109–365, § 202(1)(C), struck out former par. (20) which read as follows: “encourage, and provide technical assistance to, States and area agencies on aging to carry out outreach to inform older individuals with greatest economic need who may be eligible to receive, but are not receiving, supplemental security income benefits under title XVI of the Social Security Act (42 U.S.C. 1381 et seq.) (or assistance under a State plan program under such title), medical assistance under title XIX of such Act (42 U.S.C. 1396 et seq.), and benefits under the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.), of the requirements for eligibility to receive such benefits and such assistance;”
Unresolved: Pub. L. 109–365 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (a)(20). Pub. L. 109–365, § 202(1)(C), added par. (20) and struck out former par. (20) which read as follows: “encourage, and provide technical assistance to, States and area agencies on aging to carry out outreach to inform older individuals with greatest economic need who may be eligible to receive, but are not receiving, supplemental security income benefits under title XVI of the Social Security Act (42 U.S.C. 1381 et seq.) (or assistance under a State plan program under such title), medical assistance under title XIX of such Act (42 U.S.C. 1396 et seq.), and benefits under the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.), of the requirements for eligibility to receive such benefits and such assistance;”.Pub. L. 109–365 § 202(1)(D)(i) · 120 Stat. 2528
Struck and inserted · 42 U.S.C. § 3012(a)(26)(D)
Pub. L. 109–365, § 202(1)(D)(i), struck out “gaps in” after “collecting information on” and inserted “(including services that would permit such individuals to receive long-term care in home and community-based settings)” after “individuals”
Unresolved: Pub. L. 109–365 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (a)(26)(D). Pub. L. 109–365, § 202(1)(D)(i), struck out “gaps in” after “collecting information on” and inserted “(including services that would permit such individuals to receive long-term care in home and community-based settings)” after “individuals”.Pub. L. 109–365 § 202(1)(E)(i) · 120 Stat. 2528
Inserted · 42 U.S.C. § 3012(a)(27)(B)
Pub. L. 109–365, § 202(1)(E)(i), inserted “and” at end
Unresolved: Pub. L. 109–365 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (a)(27)(B). Pub. L. 109–365, § 202(1)(E)(i), inserted “and” at end.Pub. L. 109–365 § 202(1)(E)(ii) · 120 Stat. 2528
Struck · 42 U.S.C. § 3012(a)(27)(D)
Pub. L. 109–365, § 202(1)(E)(ii), struck out subpar. (D) which read as follows: “submitting a report on the States’ experiences in implementing these best practices and the effect these innovations are having on improving service delivery in rural areas to the relevant committees not later than 36 months after November 13, 2000.”
Unresolved: Pub. L. 109–365 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (a)(27)(D). Pub. L. 109–365, § 202(1)(E)(ii), struck out subpar. (D) which read as follows: “submitting a report on the States’ experiences in implementing these best practices and the effect these innovations are having on improving service delivery in rural areas to the relevant committees not later than 36 months after November 13, 2000.”Pub. L. 109–365 § 202(1)(D)(ii) · 120 Stat. 2528
Added · 42 U.S.C. § 3012(a)(28)
Pub. L. 109–365, § 202(1)(D)(ii), (F), added par. (28)
Unresolved: Pub. L. 109–365 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (a)(28). Pub. L. 109–365, § 202(1)(D)(ii), (F), added par. (28).Pub. L. 109–365 § 202(2) · 120 Stat. 2528
Added · 42 U.S.C. § 3012(b); 42 U.S.C. § 3012(c)
Pub. L. 109–365, § 202(2), added subsecs. (b) and (c)
Struck · 42 U.S.C. § 3012(b); 42 U.S.C. § 3012(c)
Pub. L. 109–365, § 202(2), struck out former subsecs. (b) and (c), which related to policy alternatives in long-term care and participation of volunteer groups in programs and activities
Unresolved: Pub. L. 109–365 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsecs. (b), (c). Pub. L. 109–365, § 202(2), added subsecs. (b) and (c) and struck out former subsecs. (b) and (c), which related to policy alternatives in long-term care and participation of volunteer groups in programs and activities.Pub. L. 109–365 § 202(3) · 120 Stat. 2528
Substituted · 42 U.S.C. § 3012(e)(1)(A)
Pub. L. 109–365, § 202(3), substituted a period for semicolon at end
Unresolved: Pub. L. 109–365 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (e)(1)(A). Pub. L. 109–365, § 202(3), substituted a period for semicolon at end.Food, Conservation, and Energy Act of 2008
Pub. L. 110–246 § 4002(b)(1)(B) · 122 Stat. 1651
Substituted · 42 U.S.C. § 3012(a)(17)(A); 42 U.S.C. § 3012(20)(A)(iii)
Pub. L. 110–246, § 4002(b)(1)(B), (2)(BB), substituted “Food and Nutrition Act of 2008” for “Food Stamp Act of 1977”
Source evidence
Code amendment note
Subsec. (a)(17)(A), (20)(A)(iii). Pub. L. 110–246, § 4002(b)(1)(B), (2)(BB), substituted “Food and Nutrition Act of 2008” for “Food Stamp Act of 1977”.Enacted provision · exact public law section
(B) by striking “Food Stamp Act of 1977” each place it appears and inserting “Food and Nutrition Act of 2008”;Effective date note
Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, except as otherwise provided, see section 4 of Pub. L. 110–246, 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. 110–246 effective Oct. 1, 2008, see section 4407 of Pub. L. 110–246, set out as a note under section 1161 of Title 2, The Congress.Older Americans Act Reauthorization Act of 2016
Pub. L. 114–144 § 9(3) · 130 Stat. 334
Inserted · 42 U.S.C. § 3012(a)(5)
Pub. L. 114–144, § 9(3), inserted “and behavioral” after “mental”
Source evidence
Code amendment note
Subsec. (a)(5). Pub. L. 114–144, § 9(3), inserted “and behavioral” after “mental”.Enacted provision · exact public law section
(3) in section 202(a)(5) (42 U.S.C. 3012(a)(5)), by inserting “and behavioral” after “mental”;Older Americans Act Reauthorization Act of 2016
Pub. L. 114–144 § 3(b)(1)(A) · 130 Stat. 334
Inserted · 42 U.S.C. § 3012(a)(5)
Pub. L. 114–144, § 3(b)(1)(A), inserted “health and economic” before “needs of older individuals”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 114–144, § 3(b)(1)(A), inserted “health and economic” before “needs of older individuals”.Enacted provision · exact public law section
(A) in paragraph (5), by inserting “health and economic” before “needs of older individuals”;Older Americans Act Reauthorization Act of 2016
Pub. L. 114–144 § 3(b)(1)(B) · 130 Stat. 334
Inserted · 42 U.S.C. § 3012(a)(7)
Pub. L. 114–144, § 3(b)(1)(B), inserted “health and economic” before “welfare”
Source evidence
Code amendment note
Subsec. (a)(7). Pub. L. 114–144, § 3(b)(1)(B), inserted “health and economic” before “welfare”.Enacted provision · exact public law section
(B) in paragraph (7), by inserting “health and economic” before “welfare”;Older Americans Act Reauthorization Act of 2016
Pub. L. 114–144 § 3(b)(1)(C) · 130 Stat. 334
Inserted · 42 U.S.C. § 3012(a)(14)
Pub. L. 114–144, § 3(b)(1)(C), inserted “(including the Health Resources and Services Administration)” after “other agencies”
Source evidence
Code amendment note
Subsec. (a)(14). Pub. L. 114–144, § 3(b)(1)(C), inserted “(including the Health Resources and Services Administration)” after “other agencies”.Enacted provision · exact public law section
(C) in paragraph (14), by inserting “(including the Health Resources and Services Administration)” after “other agencies”;Older Americans Act Reauthorization Act of 2016
Pub. L. 114–144 § 3(b)(1)(D) · 130 Stat. 334
Added · 42 U.S.C. § 3012(a)(29)(31)
Pub. L. 114–144, § 3(b)(1)(D)–(F), added pars. (29) to (31)
Source evidence
Code amendment note
Subsec. (a)(29) to (31). Pub. L. 114–144, § 3(b)(1)(D)–(F), added pars. (29) to (31).Enacted provision · exact public law section
(D) in paragraph (27), by striking “and” at the end;Older Americans Act Reauthorization Act of 2016
Pub. L. 114–144 § 3(b)(2)(A) · 130 Stat. 334
Added · 42 U.S.C. § 3012(b)(5)(D)
Pub. L. 114–144, § 3(b)(2)(A), added subpar. (D)
Source evidence
Code amendment note
Subsec. (b)(5)(D). Pub. L. 114–144, § 3(b)(2)(A), added subpar. (D).Enacted provision · exact public law section
(A) in paragraph (5)— (i) in subparagraph (B), by striking “and” after the semicolon; (ii) in subparagraph (C), by inserting “and” after the semicolon; and (iii) by adding at the end the following: “(D) Consultation. when feasible, developing, in consultation with States and national organizations, a consumer-friendly tool to assist older individuals and their families in choosing home and community-based services, with a particular focus on ways for consumers to assess how providers protect the health, safety, welfare, and rights, including the rights provided under section 314, of older individuals;” ;Older Americans Act Reauthorization Act of 2016
Pub. L. 114–144 § 3(b)(2)(B)(i) · 130 Stat. 334
Inserted · 42 U.S.C. § 3012(b)(8)(B)
Pub. L. 114–144, § 3(b)(2)(B)(i), inserted “to identify and articulate goals of care and” after “individuals”
Source evidence
Code amendment note
Subsec. (b)(8)(B). Pub. L. 114–144, § 3(b)(2)(B)(i), inserted “to identify and articulate goals of care and” after “individuals”.Enacted provision · exact public law section
(i) in subparagraph (B), by inserting “to identify and articulate goals of care and” after “individuals”;Older Americans Act Reauthorization Act of 2016
Pub. L. 114–144 § 3(b)(2)(B)(ii) · 130 Stat. 334
Inserted · 42 U.S.C. § 3012(b)(8)(D)
Pub. L. 114–144, § 3(b)(2)(B)(ii), inserted “respond to or” before “plan”
Substituted · 42 U.S.C. § 3012(b)(8)(D)
Pub. L. 114–144, § 3(b)(2)(B)(ii), substituted “long-term care needs;” for “future long-term care needs; and”
Source evidence
Code amendment note
Subsec. (b)(8)(D). Pub. L. 114–144, § 3(b)(2)(B)(ii), inserted “respond to or” before “plan” and substituted “long-term care needs;” for “future long-term care needs; and”.Enacted provision · exact public law section
(ii) in subparagraph (D)— (I) by inserting “respond to or” before “plan”; and (II) by striking “future long-term care needs; and” and inserting “long-term care needs;”;Older Americans Act Reauthorization Act of 2016
Pub. L. 114–144 § 3(b)(2)(B)(iii) · 130 Stat. 334
Added · 42 U.S.C. § 3012(b)(8)(F)
Pub. L. 114–144, § 3(b)(2)(B)(iii), (iv), added subpar. (F)
Source evidence
Code amendment note
Subsec. (b)(8)(F). Pub. L. 114–144, § 3(b)(2)(B)(iii), (iv), added subpar. (F).Enacted provision · exact public law section
(iii) in subparagraph (E), by adding “and” at the end; andOlder Americans Act Reauthorization Act of 2016
Pub. L. 114–144 § 3(b)(3) · 130 Stat. 334
Added · 42 U.S.C. § 3012(g)
Pub. L. 114–144, § 3(b)(3), added subsec. (g)
Source evidence
Code amendment note
Subsec. (g). Pub. L. 114–144, § 3(b)(3), added subsec. (g).Enacted provision · exact public law section
(3) by adding at the end the following: “(g) The Assistant Secretary shall, as appropriate, ensure that programs authorized under this Act include appropriate training in the prevention of abuse, neglect, and exploitation and provision of services that address elder justice and the exploitation of older individuals.” .Supporting Older Americans Act of 2020
Pub. L. 116–131 § 114(a)(1) · 131 Stat. 240
Amended · 42 U.S.C. § 3012(a)(4)
Pub. L. 116–131, § 114(a)(1), amended par. (4) generally. Prior to amendment, par. (4) read as follows: “administer the grants provided by this chapter;”
Source evidence
Code amendment note
Subsec. (a)(4). Pub. L. 116–131, § 114(a)(1), amended par. (4) generally. Prior to amendment, par. (4) read as follows: “administer the grants provided by this chapter;”.Enacted provision · exact public law section
(1) by amending subsection (a)(4) to read as follows: “(4) administer the grants provided by this Act, but not approve an application submitted by an applicant for a grant for an activity under a provision of this Act for which such applicant previously received a grant under such provision unless the Assistant Secretary determines— “(A) the activity for which such application was submitted is being operated, or was operated, effectively to achieve its stated purpose; and “(B) such applicant has complied with the assurances provided to the Assistant Secretary with the application for such previous grant.” ; andSupporting Older Americans Act of 2020
Pub. L. 116–131 § 123(b) · 131 Stat. 240
Inserted · 42 U.S.C. § 3012(a)(5)
Pub. L. 116–131, § 123(b), inserted “cultural experiences, activities, and services, including in the arts,” after “education),”
Source evidence
Code amendment note
Subsec. (a)(5). Pub. L. 116–131, § 123(b), inserted “cultural experiences, activities, and services, including in the arts,” after “education),”.Enacted provision · exact public law section
(b) Program Design.— Section 202(a)(5) (42 U.S.C. 3012(a)(5)) is amended by inserting “cultural experiences, activities, and services, including in the arts,” after “education),”.Supporting Older Americans Act of 2020
Pub. L. 116–131 § 701(2) · 131 Stat. 240
Substituted · 42 U.S.C. § 3012(a)(23)
Pub. L. 116–131, § 701(2), substituted “sections 3027(a)(13) and 3058j of this title” for “sections 3027(a)(18) and 3058j(b)(2) of this title”
Source evidence
Code amendment note
Subsec. (a)(23). Pub. L. 116–131, § 701(2), substituted “sections 3027(a)(13) and 3058j of this title” for “sections 3027(a)(18) and 3058j(b)(2) of this title”.Enacted provision · exact public law section
(2) in section 202(a)(23) (42 U.S.C. 3012(a)(23)), by striking “sections 307(a)(18) and 731(b)(2)” and inserting “sections 307(a)(13) and 731”;Supporting Older Americans Act of 2020
Pub. L. 116–131 § 117(a)(1) · 131 Stat. 240
Inserted · 42 U.S.C. § 3012(a)(28)
Pub. L. 116–131, § 117(a)(1), inserted before semicolon at end “, including information and technical assistance on delivery of such services in different settings”
Source evidence
Code amendment note
Subsec. (a)(28). Pub. L. 116–131, § 117(a)(1), inserted before semicolon at end “, including information and technical assistance on delivery of such services in different settings”.Enacted provision · exact public law section
(1) in subsection (a)(28), by inserting before the semicolon “, including information and technical assistance on delivery of such services in different settings”; andSupporting Older Americans Act of 2020
Pub. L. 116–131 § 114(b) · 131 Stat. 240
Added · 42 U.S.C. § 3012(a)(32)
Pub. L. 116–131, § 114(b), added par. (32)
Source evidence
Code amendment note
Subsec. (a)(32). Pub. L. 116–131, § 114(b), added par. (32).Enacted provision · exact public law section
(b) Addressing the Needs of Older Individuals in Disasters.— Section 202(a) (42 U.S.C. 3012(a)) is amended— (1) in paragraph (30), by striking “; and” and inserting a semicolon; (2) in paragraph (31), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: “(32) provide technical assistance to, and share best practices with, State agencies and area agencies on aging on how to collaborate and coordinate activities and develop long-range emergency preparedness plans with local and State emergency response agencies, relief organizations, local and State governments, Federal agencies as appropriate, and any other institutions that have responsibility for disaster relief service delivery;” .Supporting Older Americans Act of 2020
Pub. L. 116–131 § 115 · 131 Stat. 240
Added · 42 U.S.C. § 3012(a)(33)
Pub. L. 116–131, § 115, added par. (33)
Source evidence
Code amendment note
Subsec. (a)(33). Pub. L. 116–131, § 115, added par. (33).Enacted provision · exact public law section
SEC. 115. INCREASED FOCUS OF ASSISTANT SECRETARY ON NEGATIVE HEALTH EFFECTS ASSOCIATED WITH SOCIAL ISOLATION. Section 202(a) (42 U.S.C. 3012(a)), as amended by section 114(b), is further amended by adding at the end the following: “(33) with input from aging network stakeholders, including caregivers, develop objectives, priorities, and a long-term plan for supporting State and local efforts involving education about prevention of, detection of, and response to negative health effects associated with social isolation among older individuals, and submit a report to Congress on this effort by January 2021; and” .Supporting Older Americans Act of 2020
Pub. L. 116–131 § 116 · 131 Stat. 240
Added · 42 U.S.C. § 3012(a)(34)
Pub. L. 116–131, § 116, added par. (34)
Source evidence
Code amendment note
Subsec. (a)(34). Pub. L. 116–131, § 116, added par. (34).Enacted provision · exact public law section
SEC. 116. NOTIFICATION OF AVAILABILITY OF OR UPDATES TO POLICIES, PRACTICES, AND PROCEDURES THROUGH A UNIFORM E-FORMAT. Section 202(a) (42 U.S.C. 3012(a)), as amended by sections 114(b) and 115, is further amended by adding at the end the following: “(34) provide (to the extent practicable) a standardized notification to State agencies, area agencies on aging, providers of services under this Act, and grantees or contract awardees under this Act, through an electronic format (e-mail or other electronic notification), of the availability of, or updates to, policies, practices, and procedures under this Act.” .Supporting Older Americans Act of 2020
Pub. L. 116–131 § 117(a)(2) · 131 Stat. 240
Inserted · 42 U.S.C. § 3012(b)(9)(B)
Pub. L. 116–131, § 117(a)(2), inserted “, including delivery of such services in different settings” before semicolon at end
Source evidence
Code amendment note
Subsec. (b)(9)(B). Pub. L. 116–131, § 117(a)(2), inserted “, including delivery of such services in different settings” before semicolon at end.Enacted provision · exact public law section
(2) in subsection (b)(9)(B), by inserting before the semicolon “, including delivery of such services in different settings”.Supporting Older Americans Act of 2020
Pub. L. 116–131 § 118(a) · 131 Stat. 240
Added · 42 U.S.C. § 3012(b)(9)(A)(C)
Pub. L. 116–131, § 118(a), added subpar. (C)
Source evidence
Code amendment note
Subsec. (b)(9)(A) to (C). Pub. L. 116–131, § 118(a), added subpar. (C).Enacted provision · exact public law section
(a) Assistance Relating To Growing and Sustaining Capacity.— Section 202(b)(9) (42 U.S.C. 3012(b)(9)) is amended— (1) in subparagraph (A), by striking “and” after the semicolon at the end; (2) in subparagraph (B), as amended by section 117(a)(2), by inserting “and” after the semicolon at the end; and (3) by adding at the end the following: “(C) activities for increasing business acumen, capacity building, organizational development, innovation, and other methods of growing and sustaining the capacity of the aging network to serve older individuals and caregivers most effectively;” .Supporting Older Americans Act of 2020
Pub. L. 116–131 § 701(3) · 131 Stat. 240
Changed · 42 U.S.C. § 3012(e)(1)(A)(i)
Pub. L. 116–131, § 701(3), realigned margin
Source evidence
Code amendment note
Subsec. (e)(1)(A)(i). Pub. L. 116–131, § 701(3), realigned margin.Enacted provision · exact public law section
(3) in section 202(e)(1)(A) (42 U.S.C. 3012(e)(1)(A)), by moving the left margin of clause (i) 2 ems to the left;Supporting Older Americans Act of 2020
Pub. L. 116–131 § 114(a)(2) · 131 Stat. 240
Added · 42 U.S.C. § 3012(h)
Pub. L. 116–131, § 114(a)(2), added subsec. (h)
Source evidence
Code amendment note
Subsec. (h). Pub. L. 116–131, § 114(a)(2), added subsec. (h).Enacted provision · exact public law section
(2) by adding at the end the following: “(h) The Assistant Secretary shall publish, on an annual basis, a list of centers and demonstration projects funded under each title of this Act. The Assistant Secretary shall ensure that this information is also directly provided to State agencies and area agencies on aging.” .Supporting Older Americans Act of 2020
Pub. L. 116–131 § 122(a) · 131 Stat. 240
Added · 42 U.S.C. § 3012(i)
Pub. L. 116–131, § 122(a), added subsec. (i)
Source evidence
Code amendment note
Subsec. (i). Pub. L. 116–131, § 122(a), added subsec. (i).Enacted provision · exact public law section
(a) Administration.— Section 202 (42 U.S.C. 3012), as amended by section 114, is further amended by adding at the end the following: “(i) The Assistant Secretary shall carry out the RAISE Family Caregivers Act (42 U.S.C. 3030s note).” .
132 of 149 references resolved to an enrolled provision · 5 partial · 12 unresolved
Editorial Notes
References in Text
The Social Security Act, referred to in subsecs. (a)(12)(B)(i), (17)(B), (20)(A)(i), (ii) and (b)(4)(A), (8)(E), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Titles XVI, XVIII, and XIX of that Act are classified generally to subchapters XVI (§ 1381 et seq.), XVIII (§ 1395 et seq.), and XIX (§ 1396 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 Age Discrimination in Employment Act of 1967, referred to in subsec. (a)(12)(B)(ii), is Pub. L. 90–202, , 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.
The National Housing Act, referred to in subsec. (a)(12)(B)(iii), is act June 27, 1934, ch. 847, 48 Stat. 1246, which is classified principally to chapter 13 (§ 1701 et seq.) of Title 12, Banks and Banking. For complete classification of this Act to the Code, see section 1701 of Title 12 and Tables.
The Food and Nutrition Act of 2008, referred to in subsec. (a)(17)(A), (20)(A)(iii), is Pub. L. 88–525, , 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.
The Medicare Prescription Drug, Improvement, and Modernization Act of 2003, referred to in subsec. (b)(8)(E), is Pub. L. 108–173, , 117 Stat. 2066. For complete classification of this Act to the Code, see Short Title of 2003 Amendment note set out under section 1305 of this title and Tables.
The RAISE Family Caregivers Act, referred to in subsec. (i), is Pub. L. 115–119, , 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.
Codification
Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246.
Amendments1973–2020 · 13 rounds
2020
Subsec. (a)(4). Pub. L. 116–131, § 114(a)(1), amended par. (4) generally. Prior to amendment, par. (4) read as follows: “administer the grants provided by this chapter;”.
Subsec. (a)(5). Pub. L. 116–131, § 123(b), inserted “cultural experiences, activities, and services, including in the arts,” after “education),”.
Subsec. (a)(23). Pub. L. 116–131, § 701(2), substituted “sections 3027(a)(13) and 3058j of this title” for “sections 3027(a)(18) and 3058j(b)(2) of this title”.
Subsec. (a)(28). Pub. L. 116–131, § 117(a)(1), inserted before semicolon at end “, including information and technical assistance on delivery of such services in different settings”.
Subsec. (a)(32). Pub. L. 116–131, § 114(b), added par. (32).
Subsec. (a)(33). Pub. L. 116–131, § 115, added par. (33).
Subsec. (a)(34). Pub. L. 116–131, § 116, added par. (34).
Subsec. (b)(9)(B). Pub. L. 116–131, § 117(a)(2), inserted “, including delivery of such services in different settings” before semicolon at end.
Subsec. (b)(9)(A) to (C). Pub. L. 116–131, § 118(a), added subpar. (C).
Subsec. (e)(1)(A)(i). Pub. L. 116–131, § 701(3), realigned margin.
Subsec. (h). Pub. L. 116–131, § 114(a)(2), added subsec. (h).
Subsec. (i). Pub. L. 116–131, § 122(a), added subsec. (i).
2016
Subsec. (a)(5). Pub. L. 114–144, § 9(3), inserted “and behavioral” after “mental”.
Pub. L. 114–144, § 3(b)(1)(A), inserted “health and economic” before “needs of older individuals”.
Subsec. (a)(7). Pub. L. 114–144, § 3(b)(1)(B), inserted “health and economic” before “welfare”.
Subsec. (a)(14). Pub. L. 114–144, § 3(b)(1)(C), inserted “(including the Health Resources and Services Administration)” after “other agencies”.
Subsec. (a)(29) to (31). Pub. L. 114–144, § 3(b)(1)(D)–(F), added pars. (29) to (31).
Subsec. (b)(5)(D). Pub. L. 114–144, § 3(b)(2)(A), added subpar. (D).
Subsec. (b)(8)(B). Pub. L. 114–144, § 3(b)(2)(B)(i), inserted “to identify and articulate goals of care and” after “individuals”.
Subsec. (b)(8)(D). Pub. L. 114–144, § 3(b)(2)(B)(ii), inserted “respond to or” before “plan” and substituted “long-term care needs;” for “future long-term care needs; and”.
Subsec. (b)(8)(F). Pub. L. 114–144, § 3(b)(2)(B)(iii), (iv), added subpar. (F).
Subsec. (g). Pub. L. 114–144, § 3(b)(3), added subsec. (g).
2008
Subsec. (a)(17)(A), (20)(A)(iii). Pub. L. 110–246, § 4002(b)(1)(B), (2)(BB), substituted “Food and Nutrition Act of 2008” for “Food Stamp Act of 1977”.
2006
Subsec. (a)(5). Pub. L. 109–365, § 202(1)(A), inserted “assistive technology,” after “housing,”.
Subsec. (a)(12). Pub. L. 109–365, § 202(1)(B), added par. (12) and struck out former par. (12) which read as follows: “carry on a continuing evaluation of the programs and activities related to the objectives of this chapter, with particular attention to the impact of medicare and medicaid, the Age Discrimination in Employment Act of 1967, and the programs of the National Housing Act relating to housing for older individuals and the setting of standards for the licensing of nursing homes, intermediate care homes, and other facilities providing care for such individuals;”.
Subsec. (a)(20). Pub. L. 109–365, § 202(1)(C), added par. (20) and struck out former par. (20) which read as follows: “encourage, and provide technical assistance to, States and area agencies on aging to carry out outreach to inform older individuals with greatest economic need who may be eligible to receive, but are not receiving, supplemental security income benefits under title XVI of the Social Security Act (42 U.S.C. 1381 et seq.) (or assistance under a State plan program under such title), medical assistance under title XIX of such Act (42 U.S.C. 1396 et seq.), and benefits under the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.), of the requirements for eligibility to receive such benefits and such assistance;”.
Subsec. (a)(26)(D). Pub. L. 109–365, § 202(1)(D)(i), struck out “gaps in” after “collecting information on” and inserted “(including services that would permit such individuals to receive long-term care in home and community-based settings)” after “individuals”.
Subsec. (a)(27)(B). Pub. L. 109–365, § 202(1)(E)(i), inserted “and” at end.
Subsec. (a)(27)(D). Pub. L. 109–365, § 202(1)(E)(ii), struck out subpar. (D) which read as follows: “submitting a report on the States’ experiences in implementing these best practices and the effect these innovations are having on improving service delivery in rural areas to the relevant committees not later than 36 months after .”
Subsec. (a)(28). Pub. L. 109–365, § 202(1)(D)(ii), (F), added par. (28).
Subsecs. (b), (c). Pub. L. 109–365, § 202(2), added subsecs. (b) and (c) and struck out former subsecs. (b) and (c), which related to policy alternatives in long-term care and participation of volunteer groups in programs and activities.
Subsec. (e)(1)(A). Pub. L. 109–365, § 202(3), substituted a period for semicolon at end.
2000
Subsec. (a)(9). Pub. L. 106–501, § 201(1)(A), redesignated par. (10) as (9) and struck out former par. (9) which read as follows: “stimulate more effective use of existing resources and available services for the aged and aging, including existing legislative protections with particular emphasis on the application of the Age Discrimination in Employment Act of 1967;”.
Subsec. (a)(10), (11). Pub. L. 106–501, § 201(1)(A), redesignated pars. (11) and (12) as (10) and (11), respectively. Former par. (10) redesignated (9).
Subsec. (a)(12). Pub. L. 106–501, § 201(1)(B), redesignated par. (15) as (12). Former par. (12) redesignated (11).
Subsec. (a)(13), (14). Pub. L. 106–501, § 201(1)(B), redesignated pars. (16) and (17) as (13) and (14), respectively, and struck out former pars. (13) and (14), which read as follows:
“(13) convene conferences of such authorities and officials of public (including Federal, State, and local agencies) and nonprofit private organizations concerned with the development and operation of programs for older individuals as the Assistant Secretary deems necessary or proper for the development and implementation of policies related to the objectives of this chapter;
“(14) develop and operate programs providing services and opportunities as authorized by this chapter which are not otherwise provided by existing programs for older individuals;”.
Subsec. (a)(15). Pub. L. 106–501, § 201(1)(B), (C), redesignated par. (18) as (15) and inserted “and older individuals residing in rural areas” after “low-income minority individuals”. Former par. (15) redesignated (12).
Subsec. (a)(16). Pub. L. 106–501, § 201(1)(B), redesignated par. (19) as (16). Former par. (16) redesignated (13).
Subsec. (a)(16)(C). Pub. L. 106–501, § 801(b)(2)(A)(i), which directed that par. (19)(C) be amended by substituting “paragraphs (2) and (4)(A) of section 3026(a)” for “paragraphs (2) and (5)(A) of section 3026(a)”, was executed by making the substitution in par. (16)(C), to reflect the probable intent of Congress and the redesignation of par. (19) as (16) by Pub. L. 106–501, § 201(1)(B). See above.
Subsec. (a)(17). Pub. L. 106–501, § 201(1)(B), redesignated par. (20) as (17). Former par. (17) redesignated (14).
Subsec. (a)(18). Pub. L. 106–501, § 201(1)(B), (D), redesignated par. (21) as (18) and substituted “2000” for “1990” in subpar. (B). Former par. (18) redesignated (15).
Subsec. (a)(19). Pub. L. 106–501, § 201(1)(E), added par. (19) and struck out former par. (19) which directed the Administration to issue regulations, and conduct strict monitoring of State compliance with the requirements in effect, under this chapter to prohibit conflicts of interest and to maintain the integrity and public purpose of services provided and service providers, under this chapter in all contractual and commercial relationships, and to include in such regulations certain conditions for being designated as an area agency on aging.
Pub. L. 106–501, § 201(1)(B), redesignated par. (22) as (19). Former par. (19) redesignated (16).
Subsec. (a)(20). Pub. L. 106–501, § 201(1)(B), redesignated par. (23) as (20). Former par. (20) redesignated (17).
Subsec. (a)(21). Pub. L. 106–501, § 201(1)(F), added par. (21) and struck out former par. (21) which read as follows: “establish information and assistance services as priority services for older individuals;”.
Pub. L. 106–501, § 201(1)(B), redesignated par. (24) as (21). Former par. (21) redesignated (18).
Subsec. (a)(22). Pub. L. 106–501, § 201(1)(B), redesignated par. (25) as (22). Former par. (22) redesignated (19).
Subsec. (a)(23). Pub. L. 106–501, § 201(1)(B), redesignated par. (26) as (23). Former par. (23) redesignated (20).
Subsec. (a)(24). Pub. L. 106–501, § 201(1)(G), added par. (24) and struck out former par. (24) which read as follows:
“(24)(A) conduct a study to determine ways in which Federal funds might be more effectively targeted to low-income minority older individuals, and older individuals residing in rural areas, to better meet the needs of States with a disproportionate number of older individuals with greatest economic need and older individuals with greatest social need;
“(B) conduct a study to determine ways in which Federal funds might be more effectively targeted to better meet the needs of States with disproportionate numbers of older individuals, including methods of allotting funds under subchapter III of this chapter, using the most recent estimates of the population of older individuals; and
“(C) not later than , submit a report containing the findings resulting from the studies described in subparagraphs (A) and (B) to the Speaker of the House of Representatives and the President pro tempore of the Senate;”.
Pub. L. 106–501, § 201(1)(B), redesignated par. (27) as (24). Former par. (24) redesignated (21).
Subsec. (a)(25). Pub. L. 106–501, § 201(1)(B), redesignated par. (28) as (25). Former par. (25) redesignated (22).
Subsec. (a)(26). Pub. L. 106–501, § 801(b)(2)(A)(ii), which directed that par. (26) be amended by substituting “section 3027(a)(13) of this title and section 3058j of this title” for “sections 3027(a)(18) and 3058j(b)(2) of this title”, could not be executed because “sections 3027(a)(18) and 3058j(b)(2) of this title” did not appear in text.
Pub. L. 106–501, § 201(1)(B), redesignated par. (29) as (26). Former par. (26) redesignated (23).
Subsec. (a)(27). Pub. L. 106–501, § 201(1)(I), added par. (27).
Pub. L. 106–501, § 201(1)(H), which directed amendment of subsec. (a) by striking out par. (27) and redesignating the remaining pars., could only be executed by striking out par. (27) because there were no remaining pars. in subsec. (a) after amendment by Pub. L. 106–501, § 201(1)(B). Prior to amendment, par. (27) read as follows: “require that all Federal grants and contracts made under this subchapter and subchapter IV of this chapter be made in accordance with a competitive bidding process established by the Assistant Secretary by regulation.”
Pub. L. 106–501, § 201(1)(B), redesignated par. (30) as (27). Former par. (27) redesignated (24).
Subsec. (a)(28) to (30). Pub. L. 106–501, § 201(1)(B), redesignated pars. (28) to (30) as (25) to (27), respectively.
Subsec. (c). Pub. L. 106–501, § 801(b)(2)(B), struck out par. (1) designation before “In executing the duties” and struck out par. (2) which read as follows:
“(2)(A) In executing the duties and functions of the Administration under this chapter and in carrying out the programs and activities provided for by this chapter, the Assistant Secretary shall act to encourage and assist the establishment and use of—
“(i) area volunteer service coordinators, as described in section 3026(a)(12) of this title, by area agencies on aging; and
“(ii) State volunteer service coordinators, as described in section 3027(a)(31) of this title, by State agencies.
“(B) The Assistant Secretary shall provide technical assistance to the area and State volunteer services coordinators.”
Subsec. (d)(4). Pub. L. 106–501, § 201(2), substituted “2000” for “1990”.
Subsec. (e)(1)(A)(i). Pub. L. 106–501, § 801(b)(2)(C)(i), added cl. (i) and struck out former cl. (i) which read as follows: “provide information about education and training projects established under part A, and research and demonstration projects, and other activities, established under part B, of subchapter IV of this chapter to persons requesting such information;”.
Subsec. (e)(1)(A)(iv). Pub. L. 106–501, § 801(b)(2)(C)(ii), struck out “, and the information provided by the Resource Centers on Native American Elders under section 3035m of this title” before semicolon at end.
Subsec. (f). Pub. L. 106–501, § 201(3), added subsec. (f).
1993
Pub. L. 103–171, § 3(a)(3)(A), substituted “Assistant Secretary” for “Commissioner” in section catchline.
Subsec. (a)(13). Pub. L. 103–171, § 3(a)(3)(D), substituted “Assistant Secretary” for “Commissioner”.
Subsec. (a)(18). Pub. L. 103–171, § 2(2), struck out “, and service providers,” after “area agencies” and inserted the phrase after “on aging”.
Subsec. (a)(21)(A). Pub. L. 103–171, § 3(a)(3)(B), substituted “Director of the Office of Long-Term Care Ombudsman Programs” for “Associate Commissioner for Ombudsman Programs”.
Subsec. (a)(22)(A), (D). Pub. L. 103–171, § 3(a)(3)(D), substituted “Assistant Secretary” for “Commissioner”.
Subsec. (a)(27)(C). Pub. L. 103–171, § 2(3), substituted “1995” for “1994”.
Subsecs. (a)(30), (b), (c). Pub. L. 103–171, § 3(a)(3)(D), substituted “Assistant Secretary” for “Commissioner” wherever appearing.
Subsec. (c)(1). Pub. L. 103–82 substituted “the Corporation for National and Community Service” for “the Director of the ACTION Agency”.
Subsecs. (d), (e). Pub. L. 103–171, § 3(a)(3)(D), substituted “Assistant Secretary” for “Commissioner” wherever appearing.
Subsec. (e)(1)(A)(iv). Pub. L. 103–171, § 3(a)(3)(C), substituted “Director of the Office for” for “Associate Commissioner on”.
1992
Subsec. (a)(1). Pub. L. 102–375, § 904(a)(4)(A)(i), substituted “older individuals” for “the elderly” in two places.
Subsec. (a)(3). Pub. L. 102–375, § 202(a)(1), inserted “directly” before “assist”.
Subsec. (a)(11). Pub. L. 102–375, § 202(a)(2), substituted “coordinate” for “provide for the coordination of”.
Subsec. (a)(13). Pub. L. 102–375, § 904(a)(4)(A)(iii), substituted “objectives” for “purposes”.
Subsec. (a)(15). Pub. L. 102–375, § 904(a)(4)(A)(ii), (iii), substituted “objectives” for “purposes”, “older individuals” for “the elderly”, and “such individuals” for “older people”.
Subsec. (a)(16), (17). Pub. L. 102–375, § 904(a)(4)(A)(iii), substituted “objectives” for “purposes”.
Subsec. (a)(18). Pub. L. 102–375, § 202(a)(3)(B), substituted “greatest economic need or individuals with greatest social need, with particular attention to and specific objectives for providing services to low-income minority individuals” for “the greatest economic or social needs”.
Pub. L. 102–375, § 202(a)(3)(A), inserted “, and service providers,” after “agencies”.
Pub. L. 102–375, § 102(b)(10)(A), substituted “area agencies on aging” for “area agencies”.
Subsec. (a)(19)(A). Pub. L. 102–375, § 202(a)(4)(A), inserted “or activity” after “service” wherever appearing.
Subsec. (a)(20). Pub. L. 102–375, § 708(c)(1), struck out “under section 3027(a)(31) of this title” after “application assistance”.
Subsec. (a)(21) to (30). Pub. L. 102–375, § 202(a)(4)(B), (b), added pars. (21) to (30).
Subsec. (b)(1). Pub. L. 102–375, § 904(a)(4)(B)(i), struck out “with health systems agencies designated under section 300l–4 of this title,” after “linkages”.
Pub. L. 102–321, § 163(c)(2)(A), substituted “the Substance Abuse and Mental Health Services Administration” for “the Alcohol, Drug Abuse, and Mental Health Administration”.
Subsec. (b)(3). Pub. L. 102–375, § 904(a)(4)(B)(ii), substituted “older individuals” for “the elderly”.
Subsec. (b)(4). Pub. L. 102–375, § 202(c), added par. (4).
Subsec. (c). Pub. L. 102–375, § 202(d), designated existing provisions as par. (1) and added par. (2).
Subsec. (d). Pub. L. 102–375, § 202(e), added subsec. (d).
Subsec. (e). Pub. L. 102–375, § 202(f), added subsec. (e).
1987
Subsec. (a)(5). Pub. L. 100–175, § 105(a), inserted “(including mental health)” after “health”.
Subsec. (a)(19), (20). Pub. L. 100–175, §§ 103(a), 155(a), added pars. (19) and (20).
Subsec. (b)(1). Pub. L. 100–175, § 106(a), inserted reference to the Alcohol, Drug Abuse, and Mental Health Administration and the Administration on Developmental Disabilities.
1984
Subsec. (a)(5). Pub. L. 98–459, § 202(a)(1), substituted “establishment and implementation of” for “establishment of and carry out”.
Subsec. (a)(9). Pub. L. 98–459, § 202(a)(2), inserted “, including existing legislative protections with particular emphasis on the application of the Age Discrimination in Employment Act of 1967”.
Subsec. (a)(18). Pub. L. 98–459, § 202(a)(3)–(5), added par. (18).
Subsec. (b)(1). Pub. L. 98–459, § 202(b), inserted “and with utilization and quality control peer review organizations under title XI of the Social Security Act”.
Subsec. (c). Pub. L. 98–459, § 202(c), substituted “the duties and functions of the Administration” for “his duties and functions”.
1981
Pub. L. 97–115, § 2(b)(1), substituted “Commissioner” for “Administration” in section catchline.
Subsec. (a)(1). Pub. L. 97–115, § 2(b)(2), substituted “Department of Health and Human Services” for “Department of Health, Education, and Welfare”.
Subsec. (a)(2). Pub. L. 97–115, § 2(b)(3), substituted “collect and disseminate” for “serve as a clearinghouse for”.
Subsec. (a)(5). Pub. L. 97–115, §§ 2(b)(4), 3(d), substituted “supportive services” for “social services” and “hospitalization, education and training services (including preretirement training, and continuing education), low-cost transportation and housing” for “hospitalization, preretirement training, continuing education, low-cost transportation and housing”.
Subsec. (a)(8). Pub. L. 97–115, § 2(b)(5), inserted provisions authorizing and directing Administration to take whatever action is necessary to achieve coordination of activities carried out or assisted by all departments, agencies, and instrumentalities of the Federal Government with respect to collection, preparation, and dissemination of information relevant to older individuals.
Subsec. (a)(12), (16). Pub. L. 97–115, § 2(b)(6), (7), substituted “private organizations” for “nonprofit private organizations”.
Subsec. (c). Pub. L. 97–115, §§ 2(c), 3(d), substituted “Director of the ACTION Agency” for “Director of Action” and “supportive services” for “social services”.
1978
Subsec. (a)(1) to (4). Pub. L. 95–478, § 102(a)(1), added par. (1) and redesignated former pars. (1) to (3) as (2) to (4), respectively. Former par. (4) redesignated (5).
Subsec. (a)(5). Pub. L. 95–478, §§ 102(a)(1), 503(b)(4)(A), redesignated former par. (4) as (5) and substituted “older individuals” for “older persons”. Former par. (5) redesignated (6).
Subsec. (a)(6). Pub. L. 95–478, § 102(a)(1), redesignated former par. (5) as (6). Former par. (6) redesignated (7).
Subsec. (a)(7). Pub. L. 95–478, §§ 102(a)(1), 503(b)(4)(A), redesignated former par. (6) as (7) and substituted “older individuals” for “older persons”. Former par. (7) redesignated (8).
Subsec. (a)(8) to (11). Pub. L. 95–478, § 102(a)(1), redesignated former pars. (7) to (10) as (8) to (11). Former par. (11) redesignated (12).
Subsec. (a)(12). Pub. L. 95–478, §§ 102(a)(1), 503(b)(4), redesignated former par. (11) as (12) and substituted “older individuals” and “such individuals” for “older persons” and “such persons”. Former par. (12) redesignated (13).
Subsec. (a)(13). Pub. L. 95–478, §§ 102(a)(1), 503(b)(4)(A), redesignated former par. (12) as (13) and substituted “older individuals” for “older persons”. Former par. (13) redesignated (14).
Subsec. (a)(14). Pub. L. 95–478, § 102(a)(1), redesignated former par. (13) as (14). Former par. (14) redesignated (15).
Subsec. (a)(15) to (17). Pub. L. 95–478, §§ 102(a)(1), 503(b)(2), redesignated former par. (14) as (15), substituted “Age Discrimination in Employment Act of 1967” for “Age Discrimination Act of 1967” and redesignated former pars. (15) and (16) as (16) and (17), respectively.
Subsecs. (b), (c). Pub. L. 95–478, § 102(a)(2), added subsec. (b) and redesignated former subsec. (b) as (c).
1975
Pub. L. 94–135, § 114(b), substituted “Administration” for “Office” in section catchline.
Subsec. (a)(8). Pub. L. 94–135, § 114(c), struck out “and” after “aged and aging;”.
1973
Subsec. (a). Pub. L. 93–29, § 201(b)(1)–(3), in par. (4), substituted “research” for “research and demonstration programs” and made it the function of the Administration to assist in the establishment of any carry out programs designed to meet the needs of older persons for social services, including nutrition, hospitalization, preretirement training, continuing education, low-cost transportation and housing, and health services; added pars. (9) to (16); and designated existing provisions as subsec. (a), respectively.
Subsec. (b). Pub. L. 93–29, § 201(b)(3), added subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 2008 Amendment
Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective , the date of enactment of Pub. L. 110–234, except as otherwise provided, see section 4 of Pub. L. 110–246, 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. 110–246 effective , see section 4407 of Pub. L. 110–246, set out as a note under section 1161 of Title 2, The Congress.
Effective Date of 1993 Amendment
Amendment by Pub. L. 103–82 effective , see section 406(b) of Pub. L. 103–82, set out as a note under section 8332 of Title 5, Government Organization and Employees.
Effective Date of 1992 Amendments
Amendment by section 708(c)(1) of Pub. L. 102–375 inapplicable with respect to fiscal year 1993, see section 4(b) of Pub. L. 103–171, set out as a note under section 3001 of this title.
Amendment by section 708(c)(1) of Pub. L. 102–375 inapplicable with respect to fiscal year 1992, see section 905(b)(6) of Pub. L. 102–375, set out as a note under section 3001 of this title.
Amendment by Pub. L. 102–321 effective , see section 801(c) of Pub. L. 102–321, set out as a note under section 236 of this title.
Effective Date of 1987 Amendment
Amendment by Pub. L. 100–175 effective , 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.
Interagency Coordination
Pub. L. 116–131, title I, § 123(a), , 134 Stat. 248, provided that:
“The Assistant Secretary shall, in performing the functions of the Administration on Aging under section 202(a)(5) of the Older Americans Act of 1965 (42 U.S.C. 3012(a)(5)) related to health (including mental and behavioral health) services, coordinate with the Assistant Secretary for Mental Health and Substance Use and the Director of the Centers for Disease Control and Prevention—
“(1) in the planning, development, implementation, and evaluation of evidence-based policies, programs, practices, and other activities pertaining to the prevention of suicide among older individuals, including the implementation of evidence-based suicide prevention programs and strategies identified by the National Center for Injury Prevention and Control at the Centers for Disease Control and Prevention and other entities, as applicable; and
“(2) in providing and incorporating technical assistance for the prevention of suicide among older individuals, including technical assistance related to the Suicide Prevention Technical Assistance Center established under section 520C of the Public Health Service Act (42 U.S.C. 290bb–34).”
[For definitions of “Assistant Secretary” and “older individual” as used in section 123(a) of Pub. L. 116–131, set out above, as being the same as those given in section 3002 of this title, see section 4 of Pub. L. 116–131, set out as a note under section 3001 of this title.]
Deadline for Development of Data Collection Procedures
Pub. L. 102–375, title II, § 202(h), , 106 Stat. 1210, provided that, not later than 1 year after , the data collection procedures required by section 3012(a)(29) of this title would be developed jointly by the Commissioner on Aging and the Assistant Secretary of Planning and Evaluation of the Department of Health and Human Services with advisory information from State and local agencies, recipients, and providers and considering the data collection systems carried out by States identified as exemplary by the GAO; and that, not later than 1 year after developing such data collection procedures, the Commissioner was to test, report to Congress on, and implement appropriately such procedures.
Credits
1965–2020 · 17 acts
- 1965Pub. L. 89–73, title II, § 202, , 79 Stat. 220
- 1973Pub. L. 93–29, title II, § 201(b), , 87 Stat. 31
- 1975Pub. L. 94–135, title I, § 114(b), (c), , 89 Stat. 725
- 1978Pub. L. 95–478, title I, § 102(a), title V, § 503(b)(2), (4), , 92 Stat. 1513, 1559
- 1981Pub. L. 97–115, §§ 2(b), (c), 3(d), , 95 Stat. 1595, 1597
- 1984Pub. L. 98–459, title II, § 202, , 98 Stat. 1768
- 1987Pub. L. 100–175, title I, §§ 103(a), 105(a), 106(a), 155(a), , 101 Stat. 928, 930, 952
- 1992Pub. L. 102–321, title I, § 163(c)(2)(A), , 106 Stat. 377
- 1992Pub. L. 102–375, title I, § 102(b)(10)(A), title II, § 202(a)–(f), title VII, § 708(c)(1), title IX, § 904(a)(4), , 106 Stat. 1202, 1205–1208, 1292, 1306
- 1993Pub. L. 103–82, title IV, § 405(g)(1), , 107 Stat. 921
- 1993Pub. L. 103–171, §§ 2(2), (3), 3(a)(3), , 107 Stat. 1988, 1990
- 2000Pub. L. 106–501, title II, § 201, title VIII, § 801(b)(2), , 114 Stat. 2229, 2291
- 2006Pub. L. 109–365, title II, § 202, , 120 Stat. 2528
- 2008Pub. L. 110–234, title IV, § 4002(b)(1)(B), (2)(BB), , 122 Stat. 1096, 1097
- 2008Pub. L. 110–246, § 4(a), title IV, § 4002(b)(1)(B), (2)(BB), , 122 Stat. 1664, 1857, 1859
- 2016Pub. L. 114–144, §§ 3(b), 9(3), , 130 Stat. 336, 352
- 2020Pub. L. 116–131, title I, §§ 114–117(a), 118(a), 122(a), 123(b), title VII, § 701(2), (3), , 134 Stat. 245, 246, 248, 271.
Show as published
(Pub. L. 89–73, title II, § 202, , 79 Stat. 220; Pub. L. 93–29, title II, § 201(b), , 87 Stat. 31; Pub. L. 94–135, title I, § 114(b), (c), , 89 Stat. 725; Pub. L. 95–478, title I, § 102(a), title V, § 503(b)(2), (4), , 92 Stat. 1513, 1559; Pub. L. 97–115, §§ 2(b), (c), 3(d), , 95 Stat. 1595, 1597; Pub. L. 98–459, title II, § 202, , 98 Stat. 1768; Pub. L. 100–175, title I, §§ 103(a), 105(a), 106(a), 155(a), , 101 Stat. 928, 930, 952; Pub. L. 102–321, title I, § 163(c)(2)(A), , 106 Stat. 377; Pub. L. 102–375, title I, § 102(b)(10)(A), title II, § 202(a)–(f), title VII, § 708(c)(1), title IX, § 904(a)(4), , 106 Stat. 1202, 1205–1208, 1292, 1306; Pub. L. 103–82, title IV, § 405(g)(1), , 107 Stat. 921; Pub. L. 103–171, §§ 2(2), (3), 3(a)(3), , 107 Stat. 1988, 1990; Pub. L. 106–501, title II, § 201, title VIII, § 801(b)(2), , 114 Stat. 2229, 2291; Pub. L. 109–365, title II, § 202, , 120 Stat. 2528; Pub. L. 110–234, title IV, § 4002(b)(1)(B), (2)(BB), , 122 Stat. 1096, 1097; Pub. L. 110–246, § 4(a), title IV, § 4002(b)(1)(B), (2)(BB), , 122 Stat. 1664, 1857, 1859; Pub. L. 114–144, §§ 3(b), 9(3), , 130 Stat. 336, 352; Pub. L. 116–131, title I, §§ 114–117(a), 118(a), 122(a), 123(b), title VII, § 701(2), (3), , 134 Stat. 245, 246, 248, 271.)