§ 3016. Authority of Assistant Secretary

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.

1. 1973

   Older Americans Act of 1965

   Pub. L. 89–73 title II § 205 · 79 Stat. 218

   Enacted · 42 U.S.C. § 3016

   Pub. L. 89–73, title II, § 205, formerly § 206, as added Pub. L. 93–29, title II, § 201(c), May 3, 1973, 87 Stat. 34

   Source evidence

   Code source credit
   Pub. L. 89–73, title II, § 205, formerly § 206, as added Pub. L. 93–29, title II, § 201(c), May 3, 1973, 87 Stat. 34

2. 1978

   Comprehensive Older Americans Act Amendments of 1978

   Pub. L. 95–478 title I § 102(f) · 92 Stat. 1513

   1. Added · 42 U.S.C. § 3016(b)(d)

      Pub. L. 95–478 added subsec. (b)

   2. Redesignated · 42 U.S.C. § 3016(b)(d)

      Pub. L. 95–478 redesignated existing subsecs. (b) and (c) as (c) and (d)

   Source evidence

   Code amendment note
   Subsecs. (b) to (d). Pub. L. 95–478 added subsec. (b) and redesignated existing subsecs. (b) and (c) as (c) and (d).

   Enacted provision · exact public law section
   (f) Section 206 is amended by redesignating subsection (b) and 42 USC 3016. subsection (c), and all references thereto, as subsection (c) and subsection (d), respectively, and by inserting after subsection (a) the following new subsection: “(b) The Commissioner shall prepare and submit to the Congress not later than September 30, 1980 a report on the effectiveness of programs conducted under part B of title III relating to legal services Post, p. 1535. and an analysis of the need for a separate program of legal services under this Act and of factors which may prohibit the funding of legal services under this Act without such a separate program, together with such recommendations, including recommendations for additional legislation, as the Commissioner deems appropriate.”.

3. 1981

   Older Americans Act Amendments of 1981

   Pub. L. 97–115 § 2(g) · 95 Stat. 1595

   1. Struck · 42 U.S.C. § 3016(b)(d)

      Pub. L. 97–115, § 2(g), struck out subsec. (b) providing that a report be prepared and submitted to Congress by the Commissioner not later than Sept. 30, 1980

   2. Redesignated · 42 U.S.C. § 3016(b)(d)

      Pub. L. 97–115, § 2(g), redesignated subsecs. (c) and (d) as (b) and (c), respectively

   Source evidence

   Code amendment note
   Subsecs. (b) to (d). Pub. L. 97–115, § 2(g), struck out subsec. (b) providing that a report be prepared and submitted to Congress by the Commissioner not later than Sept. 30, 1980, and redesignated subsecs. (c) and (d) as (b) and (c), respectively.

   Enacted provision · exact public law section
   (g) (1) Section 205(b) (as redesignated by subsection (e)(2)) is repealed. (2) Subsections (c) and (d) of section 205 (as redesignated by subsection (e)(2)) are redesignated as subsections (b) and (c), respectively.

4. 1984

   Older Americans Act Amendments of 1984

   Pub. L. 98–459 § 205(a) · 98 Stat. 1767

   Substituted · 42 U.S.C. § 3016(b)

   Pub. L. 98–459, § 205(a), substituted “the functions of the Administration” for “his functions”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 98–459, § 205(a), substituted “the functions of the Administration” for “his functions”.

   Enacted provision · exact public law section
   (a) Section 205(b) of the Act {42 (J.S.C. 3016(b)) is amended by striking out “his functions’’ and inserting in lieu thereof “the functions of the Administration”.

5. 1984

   Older Americans Act Amendments of 1984

   Pub. L. 98–459 § 205(b) · 98 Stat. 1767

   1. Added · 42 U.S.C. § 3016(c); 42 U.S.C. § 3016(d)

      Pub. L. 98–459, § 205(b), added subsec. (c)

   2. Redesignated · 42 U.S.C. § 3016(c); 42 U.S.C. § 3016(d)

      Pub. L. 98–459, § 205(b), redesignated former subsec. (c) as (d)

   Source evidence

   Code amendment note
   Subsecs. (c), (d). Pub. L. 98–459, § 205(b), added subsec. (c) and redesignated former subsec. (c) as (d).

   Enacted provision · exact public law section
   (b) Section 205 of the Act (42 U.S.C. 3016) is amended— (1) by redesignating subsection (c) as subsection (d), and (2) by inserting after subsection (b) the following new subsection: “(c) Not later than 120 days after the date of the enactment of the Older Americans Act Amendments of 1984, the Secretary shall issue and publish in the Federal Register proposed regulations for the administration of this Act. After allowing a reasonable period for public comment on such proposed rules and not later than 90 days after such publication, the Secretary shall issue, in final form, regulations for the administration of this Act.”.

6. 1987

   Older Americans Act Amendments of 1987

   Pub. L. 100–175 § 109 · 101 Stat. 926

   Substituted · 42 U.S.C. § 3016(c)

   Pub. L. 100–175, § 109, substituted “October 9, 1987” for “October 9, 1984”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 100–175, § 109, substituted “October 9, 1987” for “October 9, 1984”.

   Enacted provision · exact public law section
   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”.

   Effective date note
   Amendment by Pub. L. 100–175 effective Oct. 1, 1987, except not applicable with respect to any area plan submitted under section 3026(a) of this title or any State plan submitted under section 3027(a) of this title and approved for any fiscal year beginning before Nov. 29, 1987, see section 701(a), (b) of Pub. L. 100–175, set out as a note under section 3001 of this title.

7. 1987

   Older Americans Act Amendments of 1987

   Pub. L. 100–175 § 110 · 101 Stat. 926

   1. Added · 42 U.S.C. § 3016(d); 42 U.S.C. § 3016(e)

      Pub. L. 100–175, § 110, added subsec. (d)

   2. Redesignated · 42 U.S.C. § 3016(d); 42 U.S.C. § 3016(e)

      Pub. L. 100–175, § 110, redesignated former subsec. (d) as (e)

   Source evidence

   Code amendment note
   Subsecs. (d), (e). Pub. L. 100–175, § 110, added subsec. (d) and redesignated former subsec. (d) as (e).

   Enacted provision · exact public law section
   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.”.

   Effective date note
   Amendment by Pub. L. 100–175 effective Oct. 1, 1987, except not applicable with respect to any area plan submitted under section 3026(a) of this title or any State plan submitted under section 3027(a) of this title and approved for any fiscal year beginning before Nov. 29, 1987, see section 701(a), (b) of Pub. L. 100–175, set out as a note under section 3001 of this title.

8. 1992

   Older Americans Act Amendments of 1992

   Pub. L. 102–375 title II § 206 · 106 Stat. 1195

   1. Amended · 42 U.S.C. § 3016(a)

      Pub. L. 102–375 designated existing provisions as par. (1)

   2. Substituted · 42 U.S.C. § 3016(a)

      Pub. L. 102–375 substituted “objectives” for “purposes” in introductory provisions

   3. Substituted · 42 U.S.C. § 3016(a)

      Pub. L. 102–375 substituted “to—” for “to:” in introductory provisions

   4. Redesignated · 42 U.S.C. § 3016(a)

      Pub. L. 102–375 redesignated former pars. (1) to (5) as subpars. (A) to (E), respectively

   5. Added · 42 U.S.C. § 3016(a)

      Pub. L. 102–375 added par. (2)

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 102–375 designated existing provisions as par. (1), substituted “objectives” for “purposes” and “to—” for “to:” in introductory provisions, redesignated former pars. (1) to (5) as subpars. (A) to (E), respectively, and added par. (2).

   Enacted provision · exact public law section
   SEC. 206. NUTRITION OFFICER. Section 205(a) of the Older Americans Act of 1965 (42 U.S.C. 3016(a)) is amended— (1) by redesignating paragraphs (1) through (5) as subparagraphs (A) through (E), respectively; (2) by inserting “(1)” after “(a)”; and (3) by adding at the end the following: “(2) (A) The Commissioner shall designate an officer or employee who shall serve on a full-time basis and who shall be responsible for the administration of the nutrition services described in subparts 1, 2, and 3 of part C of title III and shall have duties that include— “(i) designing, implementing, and evaluating nutrition programs; “(ii) developing guidelines for nutrition providers concerning safety, sanitary handling of food, equipment, preparation, and food storage; “(iii) disseminating information to nutrition service providers about nutrition advancements and developments; “(iv) promoting coordination between nutrition service providers and community-based organizations serving older individuals; “(v) developing guidelines on cost containment; “(vi) defining a long range role for the nutrition services in community-based care systems; “(vii) developing model menus and other appropriate materials for serving special needs populations and meeting cultural meal preferences; and “(viii) providing technical assistance to the regional offices of the Administration with respect to each duty described in clauses (i) through (vii). “(B) The regional offices of the Administration shall be responsible for disseminating, and providing technical assistance regarding, the guidelines and information described in clauses (ii), (iii), and (v) of subparagraph (A) to State agencies, area agencies on aging, and persons that provide nutrition services under part C of title III. “(C) The officer or employee designated under subparagraph (A) shall— “(i) have expertise in nutrition and dietary services and planning; and “(ii) (I) be a registered dietitian; “(II) be a credentialed nutrition professional; or “(III) have education and training that is substantially equivalent to the education and training for a registered dietitian or a credentialed nutrition professional.”.

9. 1993

   Older Americans Act Technical Amendments of 1993

   Pub. L. 103–171 § 3(a)(13) · 107 Stat. 1988

   Substituted · 42 U.S.C. § 3016(a); 42 U.S.C. § 3016(b); 42 U.S.C. § 3016(d)

   Pub. L. 103–171 substituted “Assistant Secretary” for “Commissioner” wherever appearing

   Source evidence

   Code amendment note
   Subsecs. (a), (b), (d). Pub. L. 103–171 substituted “Assistant Secretary” for “Commissioner” wherever appearing.

   Enacted provision · exact public law section
   (13) 42 USC 3013 et seq. by striking “Commissioner” each place it appears, and inserting “Assistant Secretary”, in sections 203(a), 203A, 204(d), 205, 206(g), 207, 211, 214, 215(b)(2), 301, 304, 305, 306, 308, 309(a), 310, 312, 313(a), 314, 321, 331, 336, 337, 338(a), 338A, 338B, 341, 351, 361, 381, 402, 411, 412, 421, 422, 423, 424, 425(a), 428, 429, 429A, 429B, 429C, 429D, 429F, 429G, 429H, 4291, 429J, 431, 432, 433, 613, 614, 614A, 623, 624, 631, 632, 701, 703, 705(a)(7)(D), 713, 741(a)(4)(G), 763, and 764(a).

10. 2000

    Pub. L. 106–501 § 801(b)(3) · 114 Stat. 2226

    Substituted · 42 U.S.C. § 3016(a)(2)(A)

    Pub. L. 106–501, § 801(b)(3), substituted “subparts I and II” for “subparts I, II, and III” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (a)(2)(A). Pub. L. 106–501, § 801(b)(3), substituted “subparts I and II” for “subparts I, II, and III” in introductory provisions.

    Enacted provision · exact public law section
    (3) Section 205(a)(2)(A) of the Older Americans Act of 1965 (42 U.S.C. 3016(a)(2)(A)) is amended by striking “subparts 1, 2, and 3” and inserting “subparts 1 and 2”.

11. 2000

    Pub. L. 106–501 § 202(3) · 114 Stat. 2226

    1. Redesignated · 42 U.S.C. § 3016(c)(e)

       Pub. L. 106–501, § 202(3), redesignated subsec. (e) as (c)

    2. Struck · 42 U.S.C. § 3016(c)(e)

       Pub. L. 106–501, § 202(3), struck out former subsecs. (c) and (d) which read as follows:

    Source evidence

    Code amendment note
    Subsecs. (c) to (e). Pub. L. 106–501, § 202(3), redesignated subsec. (e) as (c) and struck out former subsecs. (c) and (d) which read as follows:

    “(c) Not later than 120 days after October 9, 1987, the Secretary shall issue and publish in the Federal Register proposed regulations for the administration of this chapter. After allowing a reasonable period for public comment on such proposed rules and not later than 90 days after such publication, the Secretary shall issue, in final form, regulations for the administration of this chapter. “(d) Not later than September 1 of each fiscal year, the Assistant Secretary shall make available to the public, for the purpose of facilitating informed public comment, a statement of proposed specific goals to be achieved by implementing this chapter in the first fiscal year beginning after the date on which such statement is made available.”

    Enacted provision · exact public law section
    (3) in section 205, by striking subsections (c) and (d) and 42 USC 3016. redesignating subsection (e) as subsection (c);

12. 2006

    Pub. L. 109–365 § 204(1)(A) · 120 Stat. 2535

    1. Substituted · 42 U.S.C. § 3016(a)(1)(C)(E)

       Pub. L. 109–365, § 204(1)(A), in subpar. (C) inserted “and” at end, in subpar. (D) substituted period for “; and” at end

    2. Struck · 42 U.S.C. § 3016(a)(1)(C)(E)

       Pub. L. 109–365, § 204(1)(A), in subpar. (C) struck out subpar. (E) which read as follows: “provide staff and other technical assistance to the Federal Council on the Aging.”

    Unresolved: Pub. L. 109–365 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (a)(1)(C) to (E). Pub. L. 109–365, § 204(1)(A), in subpar. (C) inserted “and” at end, in subpar. (D) substituted period for “; and” at end, and struck out subpar. (E) which read as follows: “provide staff and other technical assistance to the Federal Council on the Aging.”

13. 2006

    Pub. L. 109–365 § 204(1)(B)(i)(I) · 120 Stat. 2535

    Amended · 42 U.S.C. § 3016(a)(2)(A)(i)

    Pub. L. 109–365, § 204(1)(B)(i)(I), amended cl. (i) generally. Prior to amendment, cl. (i) read as follows: “designing, implementing, and evaluating nutrition programs;”

    Unresolved: Pub. L. 109–365 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (a)(2)(A)(i). Pub. L. 109–365, § 204(1)(B)(i)(I), amended cl. (i) generally. Prior to amendment, cl. (i) read as follows: “designing, implementing, and evaluating nutrition programs;”.

14. 2006

    Pub. L. 109–365 § 204(1)(B)(i)(II) · 120 Stat. 2535

    Amended · 42 U.S.C. § 3016(a)(2)(A)(iii)

    Pub. L. 109–365, § 204(1)(B)(i)(II), amended cl. (iii) generally. Prior to amendment, cl. (iii) read as follows: “disseminating information to nutrition service providers about nutrition advancements and developments;”

    Unresolved: Pub. L. 109–365 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (a)(2)(A)(iii). Pub. L. 109–365, § 204(1)(B)(i)(II), amended cl. (iii) generally. Prior to amendment, cl. (iii) read as follows: “disseminating information to nutrition service providers about nutrition advancements and developments;”.

15. 2006

    Pub. L. 109–365 § 204(1)(B)(i)(III) · 120 Stat. 2535

    1. Added · 42 U.S.C. § 3016(a)(2)(A)(viii)(x)

       Pub. L. 109–365, § 204(1)(B)(i)(III), (IV), added cls. (viii) to (x)

    2. Struck · 42 U.S.C. § 3016(a)(2)(A)(viii)(x)

       Pub. L. 109–365, § 204(1)(B)(i)(III), (IV), struck out former cl. (viii) which read as follows: “providing technical assistance to the regional offices of the Administration with respect to each duty described in clauses (i) through (vii).”

    Unresolved: Pub. L. 109–365 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (a)(2)(A)(viii) to (x). Pub. L. 109–365, § 204(1)(B)(i)(III), (IV), added cls. (viii) to (x) and struck out former cl. (viii) which read as follows: “providing technical assistance to the regional offices of the Administration with respect to each duty described in clauses (i) through (vii).”

16. 2006

    Pub. L. 109–365 § 204(1)(B)(ii) · 120 Stat. 2535

    Amended · 42 U.S.C. § 3016(a)(2)(C)(i)

    Pub. L. 109–365, § 204(1)(B)(ii), amended cl. (i) generally. Prior to amendment, cl. (i) read as follows: “have expertise in nutrition and dietary services and planning; and”

    Unresolved: Pub. L. 109–365 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (a)(2)(C)(i). Pub. L. 109–365, § 204(1)(B)(ii), amended cl. (i) generally. Prior to amendment, cl. (i) read as follows: “have expertise in nutrition and dietary services and planning; and”.

17. 2016

    Older Americans Act Reauthorization Act of 2016

    Pub. L. 114–144 § 3(c) · 130 Stat. 334

    Struck · 42 U.S.C. § 3016(c)

    Pub. L. 114–144 struck out subsec. (c). Text read as follows: “For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary.”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 114–144 struck out subsec. (c). Text read as follows: “For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary.”

    Enacted provision · exact public law section
    (c) Authorization of Appropriations.— Section 205 of the Older Americans Act of 1965 (42 U.S.C.3016) is amended by striking subsection (c).

18. 2020

    Supporting Older Americans Act of 2020

    Pub. L. 116–131 § 124(c)(2) · 131 Stat. 240

    Redesignated · 42 U.S.C. § 3016(a)(2)(C)

    Pub. L. 116–131, § 124(c)(2), added subpar. (C). Former subpar. (C) redesignated (D)

    Source evidence

    Code amendment note
    Subsec. (a)(2)(C). Pub. L. 116–131, § 124(c)(2), added subpar. (C). Former subpar. (C) redesignated (D).

    Enacted provision · exact public law section
    (2) by inserting after subparagraph (B) the following: “(C) The Assistant Secretary may provide technical assistance, including through the regional offices of the Administration, to State agencies, area agencies on aging, local government agencies, or leaders in age-friendly communities (as defined, for purposes of this subparagraph, in section 203(c)(9)) regarding— “(i) dissemination of, or consideration of ways to implement, best practices and recommendations from the Interagency Coordinating Committee on Healthy Aging and Age-Friendly Communities established under section 203(c); and “(ii) methods for managing and coordinating existing programs to meet the needs of growing age-friendly communities.” .

19. 2020

    Supporting Older Americans Act of 2020

    Pub. L. 116–131 § 124(c)(1) · 131 Stat. 240

    Redesignated · 42 U.S.C. § 3016(a)(2)(D)

    Pub. L. 116–131, § 124(c)(1), redesignated subpar. (C) as (D)

    Source evidence

    Code amendment note
    Subsec. (a)(2)(D). Pub. L. 116–131, § 124(c)(1), redesignated subpar. (C) as (D).

    Enacted provision · exact public law section
    (1) by redesignating subparagraph (C) as subparagraph (D); and

20. 2020

    Supporting Older Americans Act of 2020

    Pub. L. 116–131 § 125 · 131 Stat. 240

    Amended · 42 U.S.C. § 3016(a)(2)(D)(ii)

    Pub. L. 116–131, § 125, amended cl. (ii) generally. Prior to amendment, cl. (ii) read as follows:

    Source evidence

    Code amendment note
    Subsec. (a)(2)(D)(ii). Pub. L. 116–131, § 125, amended cl. (ii) generally. Prior to amendment, cl. (ii) read as follows:

    “(I) be a registered dietitian; “(II) be a credentialed nutrition professional; or “(III) have education and training that is substantially equivalent to the education and training for a registered dietitian or a credentialed nutrition professional.”

    Enacted provision · exact public law section
    SEC. 125. PROFESSIONAL STANDARDS FOR A NUTRITION OFFICIAL UNDER THE ASSISTANT SECRETARY.   Section 205(a)(2)(D)(ii) (42 U.S.C. 3016(a)(2)(D)(ii)), as redesignated by section 124(c)(1), is amended to read as follows: “(ii) be a registered dietitian or registered dietitian nutritionist.” .

23 of 31 references resolved to an enrolled provision · 1 partial · 7 unresolved