§ 3027. State plans

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. 1978

   Older Americans Act of 1965

   Pub. L. 89–73 title III § 307 · 79 Stat. 218

   Enacted · 42 U.S.C. § 3027

   Pub. L. 89–73, title III, § 307, as added Pub. L. 95–478, title I, § 103(b), Oct. 18, 1978, 92 Stat. 1524

   Source evidence

   Code source credit
   Pub. L. 89–73, title III, § 307, as added Pub. L. 95–478, title I, § 103(b), Oct. 18, 1978, 92 Stat. 1524

2. 1981

   Older Americans Act Amendments of 1981

   Pub. L. 97–115 § 7(a) · 95 Stat. 1595

   Substituted · 42 U.S.C. § 3027(a)

   Pub. L. 97–115, § 7(a), substituted “for a two-, three-, or four-year period determined by the State agency” for “for a 3-year period” in provisions preceding par. (1)

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 97–115, § 7(a), substituted “for a two-, three-, or four-year period determined by the State agency” for “for a 3-year period” in provisions preceding par. (1).

   Enacted provision · exact public law section
   (a) The first sentence of section 307(a) is amended by striking out “for a 3-year period,” and inserting in lieu thereof “for a two-, three-, or four-year period determined by the State agency,”.

3. 1981

   Older Americans Act Amendments of 1981

   Pub. L. 97–115 § 3(d) · 95 Stat. 1595

   Substituted · 42 U.S.C. § 3027(a)(3)(A); 42 U.S.C. § 3027(a)(3)(10)

   Pub. L. 97–115, § 3(d), substituted “supportive services” for “social services”

   Source evidence

   Code amendment note
   Subsec. (a)(3)(A), (10). Pub. L. 97–115, § 3(d), substituted “supportive services” for “social services”.

   Enacted provision · exact public law section
   (d) The Older Americans Act of 1965 is amended by striking out 42 USC 3001 et seq. “social services” each place it appears therein and inserting in lieu thereof “supportive services”.

4. 1981

   Older Americans Act Amendments of 1981

   Pub. L. 97–115 § 7(b) · 95 Stat. 1595

   Substituted · 42 U.S.C. § 3027(a)(13)(A)

   Pub. L. 97–115, § 7(b), substituted “aged 60 or older and to their spouses, and may be made available to handicapped or disabled individuals who have not attained 60 years of age but who reside in housing facilities occupied primarily by the elderly at which congregate nutrition services are provided” for “aged 60 or older, and to their spouses”

   Source evidence

   Code amendment note
   Subsec. (a)(13)(A). Pub. L. 97–115, § 7(b), substituted “aged 60 or older and to their spouses, and may be made available to handicapped or disabled individuals who have not attained 60 years of age but who reside in housing facilities occupied primarily by the elderly at which congregate nutrition services are provided” for “aged 60 or older, and to their spouses”.

   Enacted provision · exact public law section
   (b) Section 307(a)(13)(A) is amended by striking out the comma, and by inserting before the semicolon at the end thereof the following: “, and may be made available to handicapped or disabled individuals who have not attained 60 years of age but who reside in housing facilities occupied primarily by the elderly at which congregate nutrition services are provided”.

5. 1981

   Older Americans Act Amendments of 1981

   Pub. L. 97–115 § 7(c) · 95 Stat. 1595

   Substituted · 42 U.S.C. § 3027(a)(13)(B)

   Pub. L. 97–115, § 7(c), substituted “primary consideration shall be given to the provision of meals in a congregate setting, except that each area agency (i) may award funds made available under this subchapter to organizations for the provision of home delivered meals to older individuals in accordance with the provisions of subpart II of part C, based upon a determination of need made by the recipient of a grant or contract entered into under this subchapter, without requiring that such organizations also provide meals to older individuals in a congregate setting; and (ii) shall, in awarding such funds, select such organizations in a manner which complies with the provisions of subparagraph (H)” for “each project will provide meals in a congregate setting, except that each such project may provide home delivered meals based upon a determination of need made by the recipient of a grant or contract entered into under this subchapter”

   Source evidence

   Code amendment note
   Subsec. (a)(13)(B). Pub. L. 97–115, § 7(c), substituted “primary consideration shall be given to the provision of meals in a congregate setting, except that each area agency (i) may award funds made available under this subchapter to organizations for the provision of home delivered meals to older individuals in accordance with the provisions of subpart II of part C, based upon a determination of need made by the recipient of a grant or contract entered into under this subchapter, without requiring that such organizations also provide meals to older individuals in a congregate setting; and (ii) shall, in awarding such funds, select such organizations in a manner which complies with the provisions of subparagraph (H)” for “each project will provide meals in a congregate setting, except that each such project may provide home delivered meals based upon a determination of need made by the recipient of a grant or contract entered into under this subchapter”.

   Enacted provision · exact public law section
   (c) Section 307(a)(13)(B) is amended to read as follows: “(B) primary consideration shall be given to the provision of meals in a congregate setting, except that each area agency (i) may award funds made available under this title to organizations for the provision of home delivered meals to older individuals in accordance with the provisions of subpart 42 USC 3030f. 2 of part C, based upon a determination of need made by the recipient of a grant or contract entered into under this title, without requiring that such organizations also provide meals to older individuals in a congregate setting; and (ii) shall, in awarding such funds, select such organizations in a manner which complies with the provisions of subparagraph (H);”.

6. 1981

   Older Americans Act Amendments of 1981

   Pub. L. 97–115 § 7(d) · 95 Stat. 1595

   Inserted · 42 U.S.C. § 3027(a)(13)(C)(ii)

   Pub. L. 97–115, § 7(d), inserted “, to facilitate access to such meals, and to provide other supportive services directly related to nutrition services” after “the project involved”

   Source evidence

   Code amendment note
   Subsec. (a)(13)(C)(ii). Pub. L. 97–115, § 7(d), inserted “, to facilitate access to such meals, and to provide other supportive services directly related to nutrition services” after “the project involved”.

   Enacted provision · exact public law section
   (d) Section 307(a)(13)(C)(ii) is amended by inserting before the 42 USC 3027. semicolon at the end thereof a comma and the following: “to facilitate access to such meals, and to provide other supportive services directly related to nutrition services”.

7. 1981

   Older Americans Act Amendments of 1981

   Pub. L. 97–115 · 95 Stat. 1595

   1. Inserted · 42 U.S.C. § 3027(a)(13)(D)

      Pub. L. 97–115, §§ 3(d), 7(e), inserted “in the case of meals served in a congregate setting,” before “a site for such services”

   2. Substituted · 42 U.S.C. § 3027(a)(13)(D)

      Pub. L. 97–115, §§ 3(d), 7(e), substituted “supportive services” for “social services”

   3. Struck · 42 U.S.C. § 3027(a)(13)(D)

      Pub. L. 97–115, §§ 3(d), 7(e), struck out “or home delivered meals are furnished to eligible individuals who are homebound” after “transportation to such site is furnished”

   Source evidence

   Code amendment note
   Subsec. (a)(13)(D). Pub. L. 97–115, §§ 3(d), 7(e), inserted “in the case of meals served in a congregate setting,” before “a site for such services”, substituted “supportive services” for “social services”, and struck out “or home delivered meals are furnished to eligible individuals who are homebound” after “transportation to such site is furnished”.

8. 1981

   Older Americans Act Amendments of 1981

   Pub. L. 97–115 § 7(f) · 95 Stat. 1595

   Substituted · 42 U.S.C. § 3027(a)(13)(I)

   Pub. L. 97–115, § 7(f), substituted “each area agency shall establish procedures that will allow nutrition project administrators the option to offer a meal, on the same basis as meals are provided to elderly participants, to individuals providing volunteer services during the meal hours” for “each State agency may only for fiscal years 1979 and 1980, use not to exceed 20 percent for the amounts allotted under part C to the State for supportive services, including recreational activities, informational services, health and welfare counseling, and referral services, directly related to the delivery of congregate or home delivered meals, except that the Commissioner may approve an application from a State to use not to exceed 50 percent of its amount allotted under part C in areas with unusually high supportive services costs”

   Source evidence

   Code amendment note
   Subsec. (a)(13)(I). Pub. L. 97–115, § 7(f), substituted “each area agency shall establish procedures that will allow nutrition project administrators the option to offer a meal, on the same basis as meals are provided to elderly participants, to individuals providing volunteer services during the meal hours” for “each State agency may only for fiscal years 1979 and 1980, use not to exceed 20 percent for the amounts allotted under part C to the State for supportive services, including recreational activities, informational services, health and welfare counseling, and referral services, directly related to the delivery of congregate or home delivered meals, except that the Commissioner may approve an application from a State to use not to exceed 50 percent of its amount allotted under part C in areas with unusually high supportive services costs”.

   Enacted provision · exact public law section
   (f) Section 307(a)(13)(I) is amended to read as follows: “(I) each area agency shall establish procedures that will allow nutrition project administrators the option to offer a meal, on the same basis as meals are provided to elderly participants, to individuals providing volunteer services during the meal hours;”.

9. 1981

   Older Americans Act Amendments of 1981

   Pub. L. 97–115 § 7(g) · 95 Stat. 1595

   1. Added · 42 U.S.C. § 3027(a)(16)(18)

      Pub. L. 97–115, § 7(g), added pars. (16) and (17)

   2. Redesignated · 42 U.S.C. § 3027(a)(16)(18)

      Pub. L. 97–115, § 7(g), redesignated former par. (16) as (18)

   Source evidence

   Code amendment note
   Subsec. (a)(16) to (18). Pub. L. 97–115, § 7(g), added pars. (16) and (17) and redesignated former par. (16) as (18).

   Enacted provision · exact public law section
   (g) Section 307(a) is amended— (1) by striking out “and” at the end of paragraph (15) thereof; (2) by redesignating paragraph (16) thereof as paragraph (18); and (3) by inserting after paragraph (15) the following new paragraphs: “(16) provide, with respect to education and training services, assurances that area agencies on aging may enter into grants and contracts with providers of education and training services which can demonstrate the experience or capacity to provide such services (except that such contract authority shall be effective for any fiscal year only to such extent, or in such amounts, as are provided in appropriations Acts); “(17) provide assurances that, if a substantial number of the older individuals residing in any planning and service area in the State are of limited English-speaking ability, then the State will require the area agency on aging for each such planning and service area— “(A) to utilize, in the delivery of outreach services under section 306(a)(2)(A), the services of workers who are fluent in 42 USC 3026. the language spoken by a predominant number of such older individuals who are of limited English-speaking ability; and “(B) to designate an individual employed by the area agency on aging, or available to such area agency on aging on a full-time basis, whose responsibilities will include— “(i) taking such action as may be appropriate to assure that counseling assistance is made available to such older individuals who are of limited English-speaking ability in order to assist such older individuals in participating in programs and receiving assistance under this Act; and “(ii) providing guidance to individuals engaged in the delivery of supportive services under the area plan involved to enable such individuals to be aware of cultural sensitivities and to take into account effectively linguistic and cultural differences.”,

10. 1981

    Older Americans Act Amendments of 1981

    Pub. L. 97–115 § 7(h) · 95 Stat. 1595

    Redesignated · 42 U.S.C. § 3027(b)(2); 42 U.S.C. § 3027(b)(3)

    Pub. L. 97–115, § 7(h), redesignated par. (3) as (2). Former par. (2), which related to the authority of the Commissioner to waive particular requirements of State plans for fiscal years 1979 and 1980, was struck out

    Source evidence

    Code amendment note
    Subsec. (b)(2), (3). Pub. L. 97–115, § 7(h), redesignated par. (3) as (2). Former par. (2), which related to the authority of the Commissioner to waive particular requirements of State plans for fiscal years 1979 and 1980, was struck out.

    Enacted provision · exact public law section
    (h) Section 307(b) is amended by striking out clause (2) and by redesignating clause (3) as clause (2).

11. 1984

    Older Americans Act Amendments of 1984

    Pub. L. 98–459 § 307(a)(1) · 98 Stat. 1767

    Substituted · 42 U.S.C. § 3027(a)(3)(A)

    Pub. L. 98–459, § 307(a)(1), substituted “legal assistance” for “legal services”

    Source evidence

    Code amendment note
    Subsec. (a)(3)(A). Pub. L. 98–459, § 307(a)(1), substituted “legal assistance” for “legal services”.

    Enacted provision · exact public law section
    (1) in clause (3)(A) by striking out “legal services” and inserting in lieu thereof “legal assistance”,

12. 1984

    Older Americans Act Amendments of 1984

    Pub. L. 98–459 § 307(a)(2) · 98 Stat. 1767

    1. Substituted · 42 U.S.C. § 3027(a)(10)

       Pub. L. 98–459, § 307(a)(2), substituted “supportive services or nutrition services” for “supportive services, including nutrition services”

    2. Inserted · 42 U.S.C. § 3027(a)(10)

       Pub. L. 98–459, § 307(a)(2), inserted “, or where such services are directly related to such State or area agency on aging’s administrative functions, or where such services of comparable quality can be provided more economically by such State or area agency on aging”

    Source evidence

    Code amendment note
    Subsec. (a)(10). Pub. L. 98–459, § 307(a)(2), substituted “supportive services or nutrition services” for “supportive services, including nutrition services”, and inserted “, or where such services are directly related to such State or area agency on aging’s administrative functions, or where such services of comparable quality can be provided more economically by such State or area agency on aging”.

    Enacted provision · exact public law section
    (2) in clause (10)— (A) by striking out “, including nutrition services,” and inserting in lieu thereof “or nutrition services,”, and (B) by inserting before the semicolon a comma and “or where such services are directly related to such State or area agency on aging s administrative functions, or where such services of comparable quality can be provided more economically by such State or area agency on aging”,

13. 1984

    Older Americans Act Amendments of 1984

    Pub. L. 98–459 § 307(a)(3)(A) · 98 Stat. 1767

    1. Substituted · 42 U.S.C. § 3027(a)(12)(A)

       Pub. L. 98–459, § 307(a)(3)(A)–(C), substituted “, other than an agency or organization which is responsible” for “which is not responsible” in provision preceding cl. (i)

    2. Substituted · 42 U.S.C. § 3027(a)(12)(A)

       Pub. L. 98–459, § 307(a)(3)(A)–(C), substituted “which is an association” for “which is not an association” in provision preceding cl. (i)

    3. Substituted · 42 U.S.C. § 3027(a)(12)(A)

       Pub. L. 98–459, § 307(a)(3)(A)–(C), substituted “which provides an individual who will, on a full-time basis—” for “which will—” in provision preceding cl. (i)

    Source evidence

    Code amendment note
    Subsec. (a)(12)(A). Pub. L. 98–459, § 307(a)(3)(A)–(C), substituted “, other than an agency or organization which is responsible” for “which is not responsible”, “which is an association” for “which is not an association”, and “which provides an individual who will, on a full-time basis—” for “which will—”, in provision preceding cl. (i).

    Enacted provision · exact public law section
    (A) by striking out “which is not” the first place it appears in subclause (A) and inserting in lieu thereof “, other than an agency or organization which is”,

14. 1984

    Older Americans Act Amendments of 1984

    Pub. L. 98–459 § 307(a)(3)(D) · 98 Stat. 1767

    Substituted · 42 U.S.C. § 3027(a)(12)(A)(iv)

    Pub. L. 98–459, § 307(a)(3)(D), substituted “training staff and volunteers” for “training volunteers”

    Source evidence

    Code amendment note
    Subsec. (a)(12)(A)(iv). Pub. L. 98–459, § 307(a)(3)(D), substituted “training staff and volunteers” for “training volunteers”.

    Enacted provision · exact public law section
    (D) by inserting “staff and” after “training” in subclause (A)(iv),

15. 1984

    Older Americans Act Amendments of 1984

    Pub. L. 98–459 § 307(a)(3)(E) · 98 Stat. 1767

    Added · 42 U.S.C. § 3027(a)(12)(E)

    Pub. L. 98–459, § 307(a)(3)(E)–(G), added subpar. (E)

    Source evidence

    Code amendment note
    Subsec. (a)(12)(E). Pub. L. 98–459, § 307(a)(3)(E)–(G), added subpar. (E).

    Enacted provision · exact public law section
    (E) in subclause (C) by striking out “and” at the end thereof,

16. 1984

    Older Americans Act Amendments of 1984

    Pub. L. 98–459 § 307(a)(4)(A) · 98 Stat. 1767

    Substituted · 42 U.S.C. § 3027(a)(13)(B)

    Pub. L. 98–459, § 307(a)(4)(A), substituted “subclause (H)” for “subparagraph (H)”

    Source evidence

    Code amendment note
    Subsec. (a)(13)(B). Pub. L. 98–459, § 307(a)(4)(A), substituted “subclause (H)” for “subparagraph (H)”.

    Enacted provision · exact public law section
    (A) by striking out “subparagraph (H)” in subclause (B) and inserting in lieu thereof “subclause (H)”,

17. 1984

    Older Americans Act Amendments of 1984

    Pub. L. 98–459 § 307(a)(4)(B) · 98 Stat. 1767

    Substituted · 42 U.S.C. § 3027(a)(13)(C)(i)

    Pub. L. 98–459, § 307(a)(4)(B), substituted “solicit voluntary contributions” for “charge participating individuals”

    Source evidence

    Code amendment note
    Subsec. (a)(13)(C)(i). Pub. L. 98–459, § 307(a)(4)(B), substituted “solicit voluntary contributions” for “charge participating individuals”.

    Enacted provision · exact public law section
    (B) by striking out “charge participating individuals” in subclause (C)(i), and inserting in lieu thereof “solicit voluntary contributions”, and

18. 1984

    Older Americans Act Amendments of 1984

    Pub. L. 98–459 § 307(a)(4)(C) · 98 Stat. 1767

    Substituted · 42 U.S.C. § 3027(a)(13)(C)(ii)

    Pub. L. 98–459, § 307(a)(4)(C), substituted “voluntary contributions” for “charges”

    Source evidence

    Code amendment note
    Subsec. (a)(13)(C)(ii). Pub. L. 98–459, § 307(a)(4)(C), substituted “voluntary contributions” for “charges”.

    Enacted provision · exact public law section
    (C) by striking out “charges” in subclause (C)(ii) and inserting in lieu thereof “voluntary contributions”,

19. 1984

    Older Americans Act Amendments of 1984

    Pub. L. 98–459 § 307(a)(5) · 98 Stat. 1767

    Substituted · 42 U.S.C. § 3027(a)(15)

    Pub. L. 98–459, § 307(a)(5), substituted “legal assistance” for “legal services” in provision preceding subpar. (A)

    Source evidence

    Code amendment note
    Subsec. (a)(15). Pub. L. 98–459, § 307(a)(5), substituted “legal assistance” for “legal services” in provision preceding subpar. (A).

    Enacted provision · exact public law section
    (5) in clause (15) by striking out “legal services” each place it appears and inserting in lieu thereof “legal assistance”,

20. 1984

    Older Americans Act Amendments of 1984

    Pub. L. 98–459 § 307(a)(5) · 98 Stat. 1767

    Substituted · 42 U.S.C. § 3027(a)(15)(A)

    Pub. L. 98–459, § 307(a)(5), substituted “legal assistance” for “legal services” wherever appearing

    Source evidence

    Code amendment note
    Subsec. (a)(15)(A). Pub. L. 98–459, § 307(a)(5), substituted “legal assistance” for “legal services” wherever appearing.

    Enacted provision · exact public law section
    (5) in clause (15) by striking out “legal services” each place it appears and inserting in lieu thereof “legal assistance”,

21. 1984

    Older Americans Act Amendments of 1984

    Pub. L. 98–459 § 307(a)(6) · 98 Stat. 1767

    1. Changed · 42 U.S.C. § 3027(a)(15)(B)

       Pub. L. 98–459, § 307(a)(6), in amending subpar. (B) generally

    2. Substituted · 42 U.S.C. § 3027(a)(15)(B)

       Pub. L. 98–459, § 307(a)(6), in substituted provisions requiring assurances regarding the furnishing of legal assistance by grantees administering programs designed to provide legal assistance to older individuals with social or economic need for provisions requiring assurances regarding the furnishing of legal services by grantees who were either recipients of funds under the Legal Services Corporation Act or who administered programs designed to provide legal services to all older individuals with social or economic need

    Source evidence

    Code amendment note
    Subsec. (a)(15)(B). Pub. L. 98–459, § 307(a)(6), in amending subpar. (B) generally, substituted provisions requiring assurances regarding the furnishing of legal assistance by grantees administering programs designed to provide legal assistance to older individuals with social or economic need for provisions requiring assurances regarding the furnishing of legal services by grantees who were either recipients of funds under the Legal Services Corporation Act or who administered programs designed to provide legal services to all older individuals with social or economic need.

    Enacted provision · exact public law section
    (6) by amending clause (15)(B) to read as follows: “(B) the plan contains assurances that no legal assistance will be furnished unless the grantee administers a program designed to provide legal assistance to older individuals with social or economic need and has agreed, if the grantee is not a Legal Services Corporation project grantee, to coordinate its services with existing Legal Services Corporation projects in the planning and service area in order to concentrate the use of funds provided under this title on individuals with the greatest such need; and the area agency makes a finding, after assessment, pursuant to standards for service promulgated by the Commissioner, that any grantee selected is the entity best able to provide the particular services;”,

22. 1984

    Older Americans Act Amendments of 1984

    Pub. L. 98–459 § 307(a)(10) · 98 Stat. 1767

    Redesignated · 42 U.S.C. § 3027(a)(16)(18)

    Pub. L. 98–459, § 307(a)(10), added pars. (16) to (18). Former pars. (16) to (18) redesignated (19) to (21), respectively

    Source evidence

    Code amendment note
    Subsec. (a)(16) to (18). Pub. L. 98–459, § 307(a)(10), added pars. (16) to (18). Former pars. (16) to (18) redesignated (19) to (21), respectively.

    Enacted provision · exact public law section
    (10) by inserting after clause (15) the following new clauses: “(16) provide that whenever the State desires to provide for services for the prevention of abuse of older individuals— “(A) the plan contains assurances that any area agency on aging carrying out such services will conduct a program consistent with relevant State law and coordinated with existing State adult protective service activities for— “(i) public education to identify and prevent abuse of older individuals; “(ii) receipt of reports of abuse of older individuals; “(iii) 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 where appropriate and consented to by the parties to be referred; and “(iv) referral of complaints to law enforcement or public protective service agencies where appropriate; “(B) the State will not permit involuntary or coerced participation in the program of services described in this clause by alleged victims, abusers, or their households; and “(C) all information gathered in the course of receiving reports and making referrals shall remain confidential unless all parties to the complaint consent in writing to the release of such information, except that such information may be released to a law enforcement or public protective service agency; “(17) provide assurances that each State will provide inservice training opportunities for personnel of agencies and programs funded under this Act; “(18) provide assurances that each State will assign personnel to provide State leadership in developing legal assistance programs for older individuals throughout the State;”.

23. 1984

    Older Americans Act Amendments of 1984

    Pub. L. 98–459 § 307(a)(9) · 98 Stat. 1767

    Redesignated · 42 U.S.C. § 3027(a)(19); 42 U.S.C. § 3027(a)(20)

    Pub. L. 98–459, § 307(a)(9), redesignated former pars. (16) and (17) as (19) and (20), respectively

    Source evidence

    Code amendment note
    Subsec. (a)(19), (20). Pub. L. 98–459, § 307(a)(9), redesignated former pars. (16) and (17) as (19) and (20), respectively.

    Enacted provision · exact public law section
    (9) by redesignating clauses (16), (17), and (18) as clauses (19), (20), and (21), respectively, and

24. 1984

    Older Americans Act Amendments of 1984

    Pub. L. 98–459 § 307(a)(7) · 98 Stat. 1767

    Substituted · 42 U.S.C. § 3027(a)(20)(B)(ii)

    Pub. L. 98–459, § 307(a)(7), substituted “; and” for the period at the end

    Source evidence

    Code amendment note
    Subsec. (a)(20)(B)(ii). Pub. L. 98–459, § 307(a)(7), substituted “; and” for the period at the end.

    Enacted provision · exact public law section
    (7) in clause (17)(B)(ii) by striking out the period at the end of such section and inserting in lieu thereof a semicolon and “and”,

25. 1984

    Older Americans Act Amendments of 1984

    Pub. L. 98–459 § 307(a)(9) · 98 Stat. 1767

    Redesignated · 42 U.S.C. § 3027(a)(21)

    Pub. L. 98–459, § 307(a)(9), redesignated former par. (18) as (21)

    Source evidence

    Code amendment note
    Subsec. (a)(21). Pub. L. 98–459, § 307(a)(9), redesignated former par. (18) as (21).

    Enacted provision · exact public law section
    (9) by redesignating clauses (16), (17), and (18) as clauses (19), (20), and (21), respectively, and

26. 1984

    Older Americans Act Amendments of 1984

    Pub. L. 98–459 § 307(a)(8) · 98 Stat. 1767

    Substituted · 42 U.S.C. § 3027(a)(21)(B)

    Pub. L. 98–459, § 307(a)(8), substituted “Commonwealth of the Northern Mariana Islands” for “Northern Mariana Islands”

    Source evidence

    Code amendment note
    Subsec. (a)(21)(B). Pub. L. 98–459, § 307(a)(8), substituted “Commonwealth of the Northern Mariana Islands” for “Northern Mariana Islands”.

    Enacted provision · exact public law section
    (8) in clause (18) by striking out “Northern Mariana Islands” and inserting in lieu thereof “Commonwealth of the Northern Mariana Islands”,

27. 1984

    Older Americans Act Amendments of 1984

    Pub. L. 98–459 § 307(b) · 98 Stat. 1767

    Substituted · 42 U.S.C. § 3027(b)(1)

    Pub. L. 98–459, § 307(b), substituted “the Commissioner finds” for “he finds”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 98–459, § 307(b), substituted “the Commissioner finds” for “he finds”.

    Enacted provision · exact public law section
    (b) Section 307(b)(1) of the Act (42 U.S.C. 3027(b)(1) is amended by striking out “he” and inserting in lieu thereof “the Commissioner”.

28. 1984

    Older Americans Act Amendments of 1984

    Pub. L. 98–459 § 307(c) · 98 Stat. 1767

    1. Substituted · 42 U.S.C. § 3027(d)

       Pub. L. 98–459, § 307(c), substituted “in the Commissioner’s discretion” for “in his discretion”

    2. Substituted · 42 U.S.C. § 3027(d)

       Pub. L. 98–459, § 307(c), substituted “until the Commissioner is satisfied” for “until he is satisfied”

    3. Substituted · 42 U.S.C. § 3027(d)

       Pub. L. 98–459, § 307(c), substituted “Until the Commissioner is so satisfied” for “Until he is so satisfied”

    4. Substituted · 42 U.S.C. § 3027(d)

       Pub. L. 98–459, § 307(c), substituted “the Commissioner shall prescribe” for “he shall prescribe”

    5. Substituted · 42 U.S.C. § 3027(d)

       Pub. L. 98–459, § 307(c), substituted “the provisions of this section” for “the provisions of section 307”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 98–459, § 307(c), substituted “in the Commissioner’s discretion” for “in his discretion”, “until the Commissioner is satisfied” for “until he is satisfied”, “Until the Commissioner is so satisfied” for “Until he is so satisfied”, “the Commissioner shall prescribe” for “he shall prescribe”, and “the provisions of this section” for “the provisions of section 307”.

    Enacted provision · exact public law section
    (c) Section 307(d) of the Act (42 U.S.C. 3027(d)) is amended— (1) by striking out “his” and inserting in lieu thereof “the Commissioner’s”, (2) by striking out “he” each place it appears and inserting in lieu thereof “the Commissioner”, and (3) by striking out “section 307” and inserting in lieu thereof “this section”

29. 1984

    Older Americans Act Amendments of 1984

    Pub. L. 98–459 § 307(d)(1) · 98 Stat. 1767

    1. Substituted · 42 U.S.C. § 3027(e)(1)

       Pub. L. 98–459, § 307(d)(1), substituted “designated by the Commissioner” for “designated by him”

    2. Substituted · 42 U.S.C. § 3027(e)(1)

       Pub. L. 98–459, § 307(d)(1), substituted “the Commissioner’s action is based” for “he based his action”

    Source evidence

    Code amendment note
    Subsec. (e)(1). Pub. L. 98–459, § 307(d)(1), substituted “designated by the Commissioner” for “designated by him” and “the Commissioner’s action is based” for “he based his action”.

    Enacted provision · exact public law section
    (1) in paragraph (1)— (A) by striking out “him” and inserting in lieu thereof “the Commissioner”, and (B) by striking out “he based his action” and inserting in lieu thereof “the Commissioner’s action is based”, and

30. 1984

    Older Americans Act Amendments of 1984

    Pub. L. 98–459 § 307(d)(2) · 98 Stat. 1767

    Substituted · 42 U.S.C. § 3027(e)(2)

    Pub. L. 98–459, § 307(d)(2), substituted “set aside the Commissioner’s order” for “set aside his order”

    Source evidence

    Code amendment note
    Subsec. (e)(2). Pub. L. 98–459, § 307(d)(2), substituted “set aside the Commissioner’s order” for “set aside his order”.

    Enacted provision · exact public law section
    (2) in the first sentence of paragraph (2) by striking out “his” and inserting in lieu thereof “the Commissioner’s”.

31. 1984

    Older Americans Act Amendments of 1984

    Pub. L. 98–459 § 307(e) · 98 Stat. 1767

    Added · 42 U.S.C. § 3027(f)

    Pub. L. 98–459, § 307(e), added subsec. (f)

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 98–459, § 307(e), added subsec. (f).

    Enacted provision · exact public law section
    (e) Section 307 of the Act (42 U.S.C. 3027) is amended by adding at the end thereof the following new subsection: “(f) (1) From amounts made available under section 304(d)(1)(C) Health. Ante, p. 1772. after September 30, 1986, each State shall provide for the establishment of at least one demonstration project for health and nutrition education to be conducted by one or more area agencies on aging within the State based on the information and materials disseminated under section 704(d)(2). Post, p. 1791. “(2) Each such project shall— “(A) be administered by the area agency for the purpose of improving the health and nutrition of older individuals served by the agency; “(B) be established and administered in consultation with an appropriate gerontology center; “(C) be designed to improve the health and nutrition of older individuals through increasing their physical fitness activities and improving the nutritional value of meals in their own daily living habits; “(D) if appropriate, be conducted in conjunction with schools of public health, schools of medicine, public health and social service agencies, private voluntary organizations, or other entities concerned with the health and well-being of older individuals; and “(E) be evaluated and the evaluation shall be submitted prior Reports. to October 1, 1987, together with such interim reports as the Commissioner may reasonably require.”.

32. 1987

    Older Americans Act Amendments of 1987

    Pub. L. 100–175 § 182(k)(1) · 101 Stat. 926

    Substituted · 42 U.S.C. § 3027(a)

    Pub. L. 100–175, § 182(k)(1), substituted “Each such plan shall comply with all of the following requirements:” for “Each such plan shall—”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 100–175, § 182(k)(1), substituted “Each such plan shall comply with all of the following requirements:” for “Each such plan shall—”.

    Enacted provision · exact public law section
    (1) by striking “Each such plan shall—” andinserting “Each such plan shall comply with all of the following requirements:”,

33. 1987

    Older Americans Act Amendments of 1987

    Pub. L. 100–175 § 182(k)(2) · 101 Stat. 926

    1. Inserted · 42 U.S.C. § 3027(a)(1); 42 U.S.C. § 3027(a)(2)

       Pub. L. 100–175, § 182(k)(2), (3), inserted “The plan shall”

    2. Substituted · 42 U.S.C. § 3027(a)(1); 42 U.S.C. § 3027(a)(2)

       Pub. L. 100–175, § 182(k)(2), (3), substituted a period for semicolon

    Source evidence

    Code amendment note
    Subsec. (a)(1), (2). Pub. L. 100–175, § 182(k)(2), (3), inserted “The plan shall” and substituted a period for semicolon.

    Enacted provision · exact public law section
    (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,

34. 1987

    Older Americans Act Amendments of 1987

    Pub. L. 100–175 § 182(k)(4)(A) · 101 Stat. 926

    Inserted · 42 U.S.C. § 3027(a)(3)(A)

    Pub. L. 100–175, § 182(k)(4)(A), inserted “The plan shall”

    Source evidence

    Code amendment note
    Subsec. (a)(3)(A). Pub. L. 100–175, § 182(k)(4)(A), inserted “The plan shall”.

    Enacted provision · exact public law section
    (A) in subparagraph (A) by inserting “The plan shall” after “(3)(A)”, and

35. 1987

    Older Americans Act Amendments of 1987

    Pub. L. 100–175 § 182(k)(4)(B) · 101 Stat. 926

    1. Inserted · 42 U.S.C. § 3027(a)(3)(B)(4)(7)

       Pub. L. 100–175, § 182(k)(4)(B), (5)–(8), inserted “The plan shall”

    2. Substituted · 42 U.S.C. § 3027(a)(3)(B)(4)(7)

       Pub. L. 100–175, § 182(k)(4)(B), (5)–(8), substituted a period for semicolon

    Source evidence

    Code amendment note
    Subsec. (a)(3)(B), (4) to (7). Pub. L. 100–175, § 182(k)(4)(B), (5)–(8), inserted “The plan shall” and substituted a period for semicolon.

    Enacted provision · exact public law section
    (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,

36. 1987

    Older Americans Act Amendments of 1987

    Pub. L. 100–175 § 182(k)(9) · 101 Stat. 926

    1. Inserted · 42 U.S.C. § 3027(a)(8)

       Pub. L. 100–175, § 182(k)(9), inserted “The plan shall”

    2. Substituted · 42 U.S.C. § 3027(a)(8)

       Pub. L. 100–175, § 182(k)(9), substituted a period for semicolon

    Source evidence

    Code amendment note
    Subsec. (a)(8). Pub. L. 100–175, § 182(k)(9), inserted “The plan shall” and substituted a period for semicolon.

    Enacted provision · exact public law section
    (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,

37. 1987

    Older Americans Act Amendments of 1987

    Pub. L. 100–175 § 132(c)(1) · 101 Stat. 926

    Inserted · 42 U.S.C. § 3027(a)(8)

    Pub. L. 100–175, § 132(c)(1), inserted “, 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” before semicolon

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 100–175, § 132(c)(1), inserted “, 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” before semicolon.

    Enacted provision · exact public law section
    (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

38. 1987

    Older Americans Act Amendments of 1987

    Pub. L. 100–175 § 128 · 101 Stat. 926

    Inserted · 42 U.S.C. § 3027(a)(8)

    Pub. L. 100–175, § 128, inserted “, and public hearings on,” after “evaluations of”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 100–175, § 128, inserted “, and public hearings on,” after “evaluations of”.

    Enacted provision · exact public law section
    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”.

39. 1987

    Older Americans Act Amendments of 1987

    Pub. L. 100–175 § 182(k)(10) · 101 Stat. 926

    1. Inserted · 42 U.S.C. § 3027(a)(9)

       Pub. L. 100–175, § 182(k)(10), inserted “The plan shall”

    2. Substituted · 42 U.S.C. § 3027(a)(9)

       Pub. L. 100–175, § 182(k)(10), substituted a period for semicolon

    Source evidence

    Code amendment note
    Subsec. (a)(9). Pub. L. 100–175, § 182(k)(10), inserted “The plan shall” and substituted a period for semicolon.

    Enacted provision · exact public law section
    (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,

40. 1987

    Older Americans Act Amendments of 1987

    Pub. L. 100–175 § 182(k)(11) · 101 Stat. 926

    1. Inserted · 42 U.S.C. § 3027(a)(10)

       Pub. L. 100–175, § 182(k)(11), inserted “The plan shall”

    2. Substituted · 42 U.S.C. § 3027(a)(10)

       Pub. L. 100–175, § 182(k)(11), substituted a period for semicolon

    Source evidence

    Code amendment note
    Subsec. (a)(10). Pub. L. 100–175, § 182(k)(11), inserted “The plan shall” and substituted a period for semicolon.

    Enacted provision · exact public law section
    (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,

41. 1987

    Older Americans Act Amendments of 1987

    Pub. L. 100–175 § 140(c)(1) · 101 Stat. 926

    Substituted · 42 U.S.C. § 3027(a)(10)

    Pub. L. 100–175, § 140(c)(1), which directed that par. (10) be amended by substituting “nutrition services, or in-home services (as defined in section 3030i(1) of this title)” for “including nutrition services,”, was executed by making the substitution for “or nutrition services,” to reflect the probable intent of Congress and a previous amendment made by Pub. L. 98–459, § 307(a)(2). See 1984 Amendment note below

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 100–175, § 140(c)(1), which directed that par. (10) be amended by substituting “nutrition services, or in-home services (as defined in section 3030i(1) of this title)” for “including nutrition services,”, was executed by making the substitution for “or nutrition services,” to reflect the probable intent of Congress and a previous amendment made by Pub. L. 98–459, § 307(a)(2). See 1984 Amendment note below.

    Enacted provision · exact public law section
    (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))”.

42. 1987

    Older Americans Act Amendments of 1987

    Pub. L. 100–175 § 182(k)(12) · 101 Stat. 926

    1. Inserted · 42 U.S.C. § 3027(a)(11)

       Pub. L. 100–175, § 182(k)(12), inserted “The plan shall”

    2. Substituted · 42 U.S.C. § 3027(a)(11)

       Pub. L. 100–175, § 182(k)(12), substituted a period for semicolon

    Source evidence

    Code amendment note
    Subsec. (a)(11). Pub. L. 100–175, § 182(k)(12), inserted “The plan shall” and substituted a period for semicolon.

    Enacted provision · exact public law section
    (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,

43. 1987

    Older Americans Act Amendments of 1987

    Pub. L. 100–175 § 129(d) · 101 Stat. 926

    Amended · 42 U.S.C. § 3027(a)(12)

    Pub. L. 100–175, § 129(d), amended par. (12) generally, revising and restating as subpars. (A) to (K) provisions of former subpars. (A) to (E)

    Source evidence

    Code amendment note
    Subsec. (a)(12). Pub. L. 100–175, § 129(d), amended par. (12) generally, revising and restating as subpars. (A) to (K) provisions of former subpars. (A) to (E).

    Enacted provision · exact public law section
    (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.”.

44. 1987

    Older Americans Act Amendments of 1987

    Pub. L. 100–175 § 182(k)(13) · 101 Stat. 926

    Substituted · 42 U.S.C. § 3027(a)(13)

    Pub. L. 100–175, § 182(k)(13), inserted “The plan shall”, and in subpar. (I) substituted a period for semicolon

    Source evidence

    Code amendment note
    Subsec. (a)(13). Pub. L. 100–175, § 182(k)(13), inserted “The plan shall”, and in subpar. (I) substituted a period for semicolon.

    Enacted provision · exact public law section
    (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,

45. 1987

    Older Americans Act Amendments of 1987

    Pub. L. 100–175 § 136(c)(1) · 101 Stat. 926

    Inserted · 42 U.S.C. § 3027(a)(13)(I)

    Pub. L. 100–175, § 136(c)(1), inserted “, and to individuals with disabilities who reside at home with and accompany older individuals who are eligible under this chapter” before semicolon

    Source evidence

    Code amendment note
    Subsec. (a)(13)(I). Pub. L. 100–175, § 136(c)(1), inserted “, and to individuals with disabilities who reside at home with and accompany older individuals who are eligible under this chapter” before semicolon.

    Enacted provision · exact public law section
    (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”.

46. 1987

    Older Americans Act Amendments of 1987

    Pub. L. 100–175 § 182(k)(14) · 101 Stat. 926

    Substituted · 42 U.S.C. § 3027(a)(14)

    Pub. L. 100–175, § 182(k)(14), inserted “The plan shall”, and in subpar. (E) substituted a period for semicolon

    Source evidence

    Code amendment note
    Subsec. (a)(14). Pub. L. 100–175, § 182(k)(14), inserted “The plan shall”, and in subpar. (E) substituted a period for semicolon.

    Enacted provision · exact public law section
    (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,

47. 1987

    Older Americans Act Amendments of 1987

    Pub. L. 100–175 § 182(k)(15) · 101 Stat. 926

    Substituted · 42 U.S.C. § 3027(a)(15)

    Pub. L. 100–175, § 182(k)(15), inserted “The plan shall”, and in subpar. (D) substituted a period for semicolon

    Source evidence

    Code amendment note
    Subsec. (a)(15). Pub. L. 100–175, § 182(k)(15), inserted “The plan shall”, and in subpar. (D) substituted a period for semicolon.

    Enacted provision · exact public law section
    (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,

48. 1987

    Older Americans Act Amendments of 1987

    Pub. L. 100–175 § 182(k)(16) · 101 Stat. 926

    Substituted · 42 U.S.C. § 3027(a)(16)

    Pub. L. 100–175, § 182(k)(16), inserted “The plan shall”, and in subpar. (C) substituted a period for semicolon

    Source evidence

    Code amendment note
    Subsec. (a)(16). Pub. L. 100–175, § 182(k)(16), inserted “The plan shall”, and in subpar. (C) substituted a period for semicolon.

    Enacted provision · exact public law section
    (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,

49. 1987

    Older Americans Act Amendments of 1987

    Pub. L. 100–175 § 144(d)(1) · 101 Stat. 926

    Substituted · 42 U.S.C. § 3027(a)(16)

    Pub. L. 100–175, § 144(d)(1), substituted “, if funds are not appropriated under section 3023(g) of this title for a fiscal year, provide that for such fiscal year” for second reference to “provide”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 100–175, § 144(d)(1), substituted “, if funds are not appropriated under section 3023(g) of this title for a fiscal year, provide that for such fiscal year” for second reference to “provide”.

    Enacted provision · exact public law section
    (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”.

50. 1987

    Older Americans Act Amendments of 1987

    Pub. L. 100–175 § 182(k)(17) · 101 Stat. 926

    1. Inserted · 42 U.S.C. § 3027(a)(17)(19)

       Pub. L. 100–175, § 182(k)(17)–(19), inserted “The plan shall”

    2. Substituted · 42 U.S.C. § 3027(a)(17)(19)

       Pub. L. 100–175, § 182(k)(17)–(19), substituted a period for semicolon

    Source evidence

    Code amendment note
    Subsec. (a)(17) to (19). Pub. L. 100–175, § 182(k)(17)–(19), inserted “The plan shall” and substituted a period for semicolon.

    Enacted provision · exact public law section
    (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,

51. 1987

    Older Americans Act Amendments of 1987

    Pub. L. 100–175 § 182(k)(20) · 101 Stat. 926

    Substituted · 42 U.S.C. § 3027(a)(20)

    Pub. L. 100–175, § 182(k)(20), inserted “The plan shall”, and in subpar. (B)(ii) substituted a period for “; and”

    Source evidence

    Code amendment note
    Subsec. (a)(20). Pub. L. 100–175, § 182(k)(20), inserted “The plan shall”, and in subpar. (B)(ii) substituted a period for “; and”.

    Enacted provision · exact public law section
    (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.

52. 1987

    Older Americans Act Amendments of 1987

    Pub. L. 100–175 § 155(e)(2)(A) · 101 Stat. 926

    Substituted · 42 U.S.C. § 3027(a)(20)(A)

    Pub. L. 100–175, § 155(e)(2)(A), substituted “sections 3026(a)(2)(A) and 3026(a)(6)(P) of this title” for “section 3026(a)(2)(A) of this title”

    Source evidence

    Code amendment note
    Subsec. (a)(20)(A). Pub. L. 100–175, § 155(e)(2)(A), substituted “sections 3026(a)(2)(A) and 3026(a)(6)(P) of this title” for “section 3026(a)(2)(A) of this title”.

    Enacted provision · exact public law section
    (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

53. 1987

    Older Americans Act Amendments of 1987

    Pub. L. 100–175 § 129(e) · 101 Stat. 926

    Amended · 42 U.S.C. § 3027(a)(21)

    Pub. L. 100–175, § 129(e), amended par. (21) generally. Prior to amendment, par. (21) read as follows: “provide that the State agency, from funds allotted under section 3024(a) of this title for part B will use an amount equal to an amount not less than 1 percent of such allotment or $20,000, whichever is greater, for the purpose of carrying out the provisions of clause (12), except that (A) the requirement of this clause shall not apply in any fiscal year in which a State spends from State or local sources an amount equal to the amount required to be spent by this clause; and (B) the provisions of this clause 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.”

    Source evidence

    Code amendment note
    Subsec. (a)(21). Pub. L. 100–175, § 129(e), amended par. (21) generally. Prior to amendment, par. (21) read as follows: “provide that the State agency, from funds allotted under section 3024(a) of this title for part B will use an amount equal to an amount not less than 1 percent of such allotment or $20,000, whichever is greater, for the purpose of carrying out the provisions of clause (12), except that (A) the requirement of this clause shall not apply in any fiscal year in which a State spends from State or local sources an amount equal to the amount required to be spent by this clause; and (B) the provisions of this clause 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.”

    Enacted provision · exact public law section
    (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.”.

54. 1987

    Older Americans Act Amendments of 1987

    Pub. L. 100–175 § 130(b) · 101 Stat. 926

    Added · 42 U.S.C. § 3027(a)(22)

    Pub. L. 100–175, § 130(b), added par. (22)

    Source evidence

    Code amendment note
    Subsec. (a)(22). Pub. L. 100–175, § 130(b), added par. (22).

    Enacted provision · exact public law section
    (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).”.

55. 1987

    Older Americans Act Amendments of 1987

    Pub. L. 100–175 § 131(b) · 101 Stat. 926

    Added · 42 U.S.C. § 3027(a)(23)

    Pub. L. 100–175, § 131(b), added par. (23)

    Source evidence

    Code amendment note
    Subsec. (a)(23). Pub. L. 100–175, § 131(b), added par. (23).

    Enacted provision · exact public law section
    (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.”.

56. 1987

    Older Americans Act Amendments of 1987

    Pub. L. 100–175 § 132(c)(2) · 101 Stat. 926

    Added · 42 U.S.C. § 3027(a)(24)

    Pub. L. 100–175, § 132(c)(2), added par. (24)

    Source evidence

    Code amendment note
    Subsec. (a)(24). Pub. L. 100–175, § 132(c)(2), added par. (24).

    Enacted provision · exact public law section
    (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.”.

57. 1987

    Older Americans Act Amendments of 1987

    Pub. L. 100–175 § 136(c)(2) · 101 Stat. 926

    Added · 42 U.S.C. § 3027(a)(25)

    Pub. L. 100–175, § 136(c)(2), added par. (25)

    Source evidence

    Code amendment note
    Subsec. (a)(25). Pub. L. 100–175, § 136(c)(2), added par. (25).

    Enacted provision · exact public law section
    (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.”.

58. 1987

    Older Americans Act Amendments of 1987

    Pub. L. 100–175 § 138 · 101 Stat. 926

    Added · 42 U.S.C. § 3027(a)(26)

    Pub. L. 100–175, § 138, added par. (26)

    Source evidence

    Code amendment note
    Subsec. (a)(26). Pub. L. 100–175, § 138, added par. (26).

    Enacted provision · exact public law section
    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.”.

59. 1987

    Older Americans Act Amendments of 1987

    Pub. L. 100–175 § 140(c)(2) · 101 Stat. 926

    Added · 42 U.S.C. § 3027(a)(27)

    Pub. L. 100–175, § 140(c)(2), added par. (27)

    Source evidence

    Code amendment note
    Subsec. (a)(27). Pub. L. 100–175, § 140(c)(2), added par. (27).

    Enacted provision · exact public law section
    (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.”.

60. 1987

    Older Americans Act Amendments of 1987

    Pub. L. 100–175 § 141(c) · 101 Stat. 926

    Added · 42 U.S.C. § 3027(a)(28)

    Pub. L. 100–175, § 141(c), added par. (28)

    Source evidence

    Code amendment note
    Subsec. (a)(28). Pub. L. 100–175, § 141(c), added par. (28).

    Enacted provision · exact public law section
    (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.”.

61. 1987

    Older Americans Act Amendments of 1987

    Pub. L. 100–175 § 142 · 101 Stat. 926

    Added · 42 U.S.C. § 3027(a)(29)

    Pub. L. 100–175, § 142, added par. (29)

    Source evidence

    Code amendment note
    Subsec. (a)(29). Pub. L. 100–175, § 142, added par. (29).

    Enacted provision · exact public law section
    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.”.

62. 1987

    Older Americans Act Amendments of 1987

    Pub. L. 100–175 § 144(d)(2) · 101 Stat. 926

    Added · 42 U.S.C. § 3027(a)(30)

    Pub. L. 100–175, § 144(d)(2), added par. (30)

    Source evidence

    Code amendment note
    Subsec. (a)(30). Pub. L. 100–175, § 144(d)(2), added par. (30).

    Enacted provision · exact public law section
    (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.”.

63. 1987

    Older Americans Act Amendments of 1987

    Pub. L. 100–175 § 155(e)(2)(B) · 101 Stat. 926

    Added · 42 U.S.C. § 3027(a)(31)

    Pub. L. 100–175, § 155(e)(2)(B), added par. (31)

    Source evidence

    Code amendment note
    Subsec. (a)(31). Pub. L. 100–175, § 155(e)(2)(B), added par. (31).

    Enacted provision · exact public law section
    (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).”.

64. 1987

    Older Americans Act Amendments of 1987

    Pub. L. 100–175 § 137(b) · 101 Stat. 926

    Added · 42 U.S.C. § 3027(g)

    Pub. L. 100–175, § 137(b), added subsec. (g)

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 100–175, § 137(b), added subsec. (g).

    Enacted provision · exact public law section
    (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.”.

65. 1988

    Stewart B. McKinney Homeless Assistance Amendments Act of 1988

    Pub. L. 100–628 title VII § 705(6) · 102 Stat. 3224

    Substituted · 42 U.S.C. § 3027(a)(3)(A)

    Pub. L. 100–628 substituted a period for “; and” at end

    Source evidence

    Code amendment note
    Subsec. (a)(3)(A). Pub. L. 100–628 substituted a period for “; and” at end.

    Enacted provision · exact public law section
    (6) in section 307(a)(3)(A), by striking “; and” and inserting a 42 USC 3027. period;

66. 1992

    Older Americans Act Amendments of 1992

    Pub. L. 102–375 § 307(a)(1) · 106 Stat. 1195

    1. Inserted · 42 U.S.C. § 3027(a)

       Pub. L. 102–375, § 307(a)(1), (2), inserted “the succeeding sentence and” after “provided in” in first sentence

    2. Inserted · 42 U.S.C. § 3027(a)

       Pub. L. 102–375, § 307(a)(1), (2), inserted after first sentence “If the Commissioner determines, in the discretion of the Commissioner, that a State failed in 2 successive years to comply with the requirements under this subchapter, then the State shall submit to the Commissioner a State plan for a 1-year period that meets such criteria, for subsequent years until the Commissioner determines that the State is in compliance with such requirements.” before “Each such plan shall comply”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 102–375, § 307(a)(1), (2), inserted “the succeeding sentence and” after “provided in” in first sentence and inserted after first sentence “If the Commissioner determines, in the discretion of the Commissioner, that a State failed in 2 successive years to comply with the requirements under this subchapter, then the State shall submit to the Commissioner a State plan for a 1-year period that meets such criteria, for subsequent years until the Commissioner determines that the State is in compliance with such requirements.” before “Each such plan shall comply”.

    Enacted provision · exact public law section
    (1) in the first sentence by inserting “the succeeding sentence and” after “provided in”;

    Effective date note
    Amendment by sections 307 and 708(c)(4) 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 sections 307 and 708(c)(4) of Pub. L. 102–375 inapplicable with respect to fiscal year 1992, see section 905(b)(2), (6) of Pub. L. 102–375, set out as a note under section 3001 of this title.

67. 1992

    Older Americans Act Amendments of 1992

    Pub. L. 102–375 § 102(b)(10)(F) · 106 Stat. 1195

    Substituted · 42 U.S.C. § 3027(a)(1)

    Pub. L. 102–375, § 102(b)(10)(F), substituted “agencies on aging in” for “agencies in”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 102–375, § 102(b)(10)(F), substituted “agencies on aging in” for “agencies in”.

    Enacted provision · exact public law section
    (F) Section 307(a)(1) (42 U.S.C. 3027(a)(1)) is amended by striking “agencies in” and inserting “agencies on aging in”.

    Effective date note
    Amendment by sections 307 and 708(c)(4) 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 sections 307 and 708(c)(4) of Pub. L. 102–375 inapplicable with respect to fiscal year 1992, see section 905(b)(2), (6) of Pub. L. 102–375, set out as a note under section 3001 of this title.

68. 1992

    Older Americans Act Amendments of 1992

    Pub. L. 102–375 § 307(a)(3) · 106 Stat. 1195

    1. Inserted · 42 U.S.C. § 3027(a)(3)(A)

       Pub. L. 102–375, § 307(a)(3), inserted “and transportation services” after “legal assistance”

    2. Inserted · 42 U.S.C. § 3027(a)(3)(A)

       Pub. L. 102–375, § 307(a)(3), inserted at end “To conduct the evaluation, the State agency shall use the procedures implemented under section 3012(a)(29) of this title.”

    Source evidence

    Code amendment note
    Subsec. (a)(3)(A). Pub. L. 102–375, § 307(a)(3), inserted “and transportation services” after “legal assistance” and inserted at end “To conduct the evaluation, the State agency shall use the procedures implemented under section 3012(a)(29) of this title.”

    Enacted provision · exact public law section
    (3) in paragraph (3)(A)— (A) by inserting “and transportation services” after “assistance”; and (B) by adding at the end the following: “To conduct the evaluation, the State agency shall use the procedures implemented under section 202(a)(29).”.

    Effective date note
    Amendment by sections 307 and 708(c)(4) 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 sections 307 and 708(c)(4) of Pub. L. 102–375 inapplicable with respect to fiscal year 1992, see section 905(b)(2), (6) of Pub. L. 102–375, set out as a note under section 3001 of this title.

69. 1992

    Older Americans Act Amendments of 1992

    Pub. L. 102–375 § 307(b) · 106 Stat. 1195

    Inserted · 42 U.S.C. § 3027(a)(5)

    Pub. L. 102–375, § 307(b), inserted at end “The State agency shall establish and publish procedures for requesting and conducting such hearing.”

    Source evidence

    Code amendment note
    Subsec. (a)(5). Pub. L. 102–375, § 307(b), inserted at end “The State agency shall establish and publish procedures for requesting and conducting such hearing.”

    Enacted provision · exact public law section
    (b) Procedures.— Section 307(a)(5) of the Older Americans Act of 1965 (42 U.S.C. 3027(a)(5)) is amended by adding at the end the following: “The State agency shall establish and publish procedures for requesting and conducting such hearing”.

    Effective date note
    Amendment by sections 307 and 708(c)(4) 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 sections 307 and 708(c)(4) of Pub. L. 102–375 inapplicable with respect to fiscal year 1992, see section 905(b)(2), (6) of Pub. L. 102–375, set out as a note under section 3001 of this title.

70. 1992

    Older Americans Act Amendments of 1992

    Pub. L. 102–375 § 307(c) · 106 Stat. 1195

    1. Amended · 42 U.S.C. § 3027(a)(7)

       Pub. L. 102–375, § 307(c), designated existing provisions as subpar. (A)

    2. Added · 42 U.S.C. § 3027(a)(7)

       Pub. L. 102–375, § 307(c), added subpars. (B) and (C)

    Source evidence

    Code amendment note
    Subsec. (a)(7). Pub. L. 102–375, § 307(c), designated existing provisions as subpar. (A) and added subpars. (B) and (C).

    Enacted provision · exact public law section
    (c) Fiscal Control and Fund Accounting.— Section 307(a)(7) of the Older Americans Act of 1965 (42 U.S.C. 3027(a)(7)) is amended— (1) by inserting “(A)” after “(7)”; and (2) by adding at the end the following: “(B) The plan shall provide assurances that— “(i) no individual (appointed or otherwise) involved in the designation of the State agency or an area agency on aging, or in the designation of the head of any subdivision of the State agency or of an area agency on aging, is subject to a conflict of interest prohibited under this Act; “(ii) no officer, employee, or other representative of the State agency or an area agency on aging is subject to a conflict of interest prohibited under this Act; and “(iii) mechanisms are in place to identify and remove conflicts of interest prohibited under this Act. “(C) The plan shall provide assurances that the State agency and each area agency on aging will— “(i) maintain the integrity and public purpose of services provided, and service providers, under the State plan in all contractual and commercial relationships; “(ii) disclose to the Commissioner— “(I) the identity of each nongovernmental entity with which the State agency or area agency on aging has a contract or commercial relationship relating to providing any service to older individuals; and “(II) the nature of such contract or such relationship; “(iii) demonstrate that a loss or diminution in the quantity or quality of the services provided, or to be provided, under this Act by such agency has not resulted and will not result from such contract or such relationship; “(iv) demonstrate that the quantity or quality of the services to be provided under the State plan will be enhanced as a result of such contract or such relationship; and “(v) on the request of the Commissioner, for the purpose of monitoring compliance with this Act (including conducting an audit), disclose all sources and expenditures of funds the State agency and area agency on aging receive or expend to provide services to older individuals.”.

    Effective date note
    Amendment by sections 307 and 708(c)(4) 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 sections 307 and 708(c)(4) of Pub. L. 102–375 inapplicable with respect to fiscal year 1992, see section 905(b)(2), (6) of Pub. L. 102–375, set out as a note under section 3001 of this title.

71. 1992

    Older Americans Act Amendments of 1992

    Pub. L. 102–375 § 904(a)(13)(A)(i) · 106 Stat. 1195

    Substituted · 42 U.S.C. § 3027(a)(8)

    Pub. L. 102–375, § 904(a)(13)(A)(i), substituted “greatest economic need and older individuals with greatest social need” for “the greatest economic or social needs”

    Source evidence

    Code amendment note
    Subsec. (a)(8). Pub. L. 102–375, § 904(a)(13)(A)(i), substituted “greatest economic need and older individuals with greatest social need” for “the greatest economic or social needs”.

    Enacted provision · exact public law section
    (i) in paragraph (8) by striking “the greatest economic or social needs” and inserting “greatest economic need and older individuals with greatest social need”;

    Effective date note
    Amendment by sections 307 and 708(c)(4) 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 sections 307 and 708(c)(4) of Pub. L. 102–375 inapplicable with respect to fiscal year 1992, see section 905(b)(2), (6) of Pub. L. 102–375, set out as a note under section 3001 of this title.

72. 1992

    Older Americans Act Amendments of 1992

    Pub. L. 102–375 § 307(d) · 106 Stat. 1195

    Inserted · 42 U.S.C. § 3027(a)(8)

    Pub. L. 102–375, § 307(d), inserted at end “In conducting such evaluations and public hearings, the State agency shall solicit the views and experiences of entities that are knowledgable about the needs and concerns of low-income minority older individuals.”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–375, § 307(d), inserted at end “In conducting such evaluations and public hearings, the State agency shall solicit the views and experiences of entities that are knowledgable about the needs and concerns of low-income minority older individuals.”

    Enacted provision · exact public law section
    (d) Evaluation.— Section 307(a)(8) of the Older Americans Act of 1965 (42 U.S.C. 3027(a)(8)) is amended by adding at the end the following: “In conducting such evaluations and public hearings, the State agency shall solicit the views and experiences of entities that are knowledgeable about the needs and concerns of low-income minority older individuals.”.

    Effective date note
    Amendment by sections 307 and 708(c)(4) 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 sections 307 and 708(c)(4) of Pub. L. 102–375 inapplicable with respect to fiscal year 1992, see section 905(b)(2), (6) of Pub. L. 102–375, set out as a note under section 3001 of this title.

73. 1992

    Older Americans Act Amendments of 1992

    Pub. L. 102–375 § 102(b)(4) · 106 Stat. 1195

    Substituted · 42 U.S.C. § 3027(a)(9)

    Pub. L. 102–375, § 102(b)(4), substituted “information and assistance” for “information and referral” in two places

    Source evidence

    Code amendment note
    Subsec. (a)(9). Pub. L. 102–375, § 102(b)(4), substituted “information and assistance” for “information and referral” in two places.

    Enacted provision · exact public law section
    (4) Paragraphs (2)(A) and (4) of section 306(a) and sections 307(a)(9), 422(c)(3), 614(a)(6), and 624(a)(7) (42 U.S.C. 3026(a) (2)(A) and (4), 3027(a)(9), 3035a(c)(3), 3057e(a)(6), and 3057j(a)(7)) are amended by striking “information and referral” each place the term appears and inserting “information and assistance”.

    Effective date note
    Amendment by sections 307 and 708(c)(4) 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 sections 307 and 708(c)(4) of Pub. L. 102–375 inapplicable with respect to fiscal year 1992, see section 905(b)(2), (6) of Pub. L. 102–375, set out as a note under section 3001 of this title.

74. 1992

    Older Americans Act Amendments of 1992

    Pub. L. 102–375 § 102(b)(5) · 106 Stat. 1195

    Substituted · 42 U.S.C. § 3027(a)(10)

    Pub. L. 102–375, § 102(b)(5), substituted “section 3030i of this title” for “section 3030i(1) of this title”

    Source evidence

    Code amendment note
    Subsec. (a)(10). Pub. L. 102–375, § 102(b)(5), substituted “section 3030i of this title” for “section 3030i(1) of this title”.

    Enacted provision · exact public law section
    (5) Section 307(a)(10) of the Older Americans Act of 1965 (42 U.S.C. 3027) is amended by striking “section 342(1)” and inserting “section 342”.

    Effective date note
    Amendment by sections 307 and 708(c)(4) 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 sections 307 and 708(c)(4) of Pub. L. 102–375 inapplicable with respect to fiscal year 1992, see section 905(b)(2), (6) of Pub. L. 102–375, set out as a note under section 3001 of this title.

75. 1992

    Older Americans Act Amendments of 1992

    Pub. L. 102–375 § 307(e) · 106 Stat. 1195

    1. Substituted · 42 U.S.C. § 3027(a)(11)

       Pub. L. 102–375, § 307(e), substituted “governments—” for “governments, preference shall be given to individuals aged 60 or older”

    2. Added · 42 U.S.C. § 3027(a)(11)

       Pub. L. 102–375, § 307(e), added subpars. (A) and (B)

    Source evidence

    Code amendment note
    Subsec. (a)(11). Pub. L. 102–375, § 307(e), substituted “governments—” for “governments, preference shall be given to individuals aged 60 or older” and added subpars. (A) and (B).

    Enacted provision · exact public law section
    (e) Employment Preference.— Section 307(a)(11) of the Older Americans Act of 1965 (42 U.S.C. 3027(a)(11)) is amended by striking “governments,” and all that follows through “older”, and inserting the following: “governments— “(A) preference shall be given to older individuals; and “(B) special consideration shall be given to individuals with formal training in the field of aging (including an educational specialty or emphasis in aging and a training degree or certificate in aging) or equivalent professional experience in the field of aging;”.

    Effective date note
    Amendment by sections 307 and 708(c)(4) 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 sections 307 and 708(c)(4) of Pub. L. 102–375 inapplicable with respect to fiscal year 1992, see section 905(b)(2), (6) of Pub. L. 102–375, set out as a note under section 3001 of this title.

76. 1992

    Older Americans Act Amendments of 1992

    Pub. L. 102–375 § 307(f) · 106 Stat. 1195

    1. Amended · 42 U.S.C. § 3027(a)(12)

       Pub. L. 102–375, § 307(f), amended par. (12) generally

    2. Substituted · 42 U.S.C. § 3027(a)(12)

       Pub. L. 102–375, § 307(f), substituting provisions requiring the plan to provide assurances that a State Long-Term Care Ombudsman program be carried out in accordance with section 3058g of this title for provisions setting out, in subpars. (A) to (K), the assurances required to be provided by the plan with respect to such a program

    Source evidence

    Code amendment note
    Subsec. (a)(12). Pub. L. 102–375, § 307(f), amended par. (12) generally, substituting provisions requiring the plan to provide assurances that a State Long-Term Care Ombudsman program be carried out in accordance with section 3058g of this title for provisions setting out, in subpars. (A) to (K), the assurances required to be provided by the plan with respect to such a program.

    Enacted provision · exact public law section
    (f) State Long-Term Care Ombudsman Program.— 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 assurances that the State agency will carry out, through the Office of the State Long Term Care Ombudsman, a State Long-Term Care Ombudsman program in accordance with section 712 and this title.”

    Effective date note
    Amendment by sections 307 and 708(c)(4) 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 sections 307 and 708(c)(4) of Pub. L. 102–375 inapplicable with respect to fiscal year 1992, see section 905(b)(2), (6) of Pub. L. 102–375, set out as a note under section 3001 of this title.

77. 1992

    Older Americans Act Amendments of 1992

    Pub. L. 102–375 § 904(a)(13)(A)(ii)(I) · 106 Stat. 1195

    1. Substituted · 42 U.S.C. § 3027(a)(13)(A)

       Pub. L. 102–375, § 904(a)(13)(A)(ii)(I), (II), substituted “to older individuals” for “to individuals aged 60 or older”

    2. Substituted · 42 U.S.C. § 3027(a)(13)(A)

       Pub. L. 102–375, § 904(a)(13)(A)(ii)(I), (II), substituted “by older individuals” for “by the elderly”

    Source evidence

    Code amendment note
    Subsec. (a)(13)(A). Pub. L. 102–375, § 904(a)(13)(A)(ii)(I), (II), substituted “to older individuals” for “to individuals aged 60 or older” and “by older individuals” for “by the elderly”.

    Enacted provision · exact public law section
    (I) in subparagraph (A) by striking “individuals aged 60 or older” and inserting “older individuals”;

    Effective date note
    Amendment by sections 307 and 708(c)(4) 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 sections 307 and 708(c)(4) of Pub. L. 102–375 inapplicable with respect to fiscal year 1992, see section 905(b)(2), (6) of Pub. L. 102–375, set out as a note under section 3001 of this title.

78. 1992

    Older Americans Act Amendments of 1992

    Pub. L. 102–375 § 904(a)(13)(A)(ii)(III) · 106 Stat. 1195

    Substituted · 42 U.S.C. § 3027(a)(13)(B)

    Pub. L. 102–375, § 904(a)(13)(A)(ii)(III), substituted “subparagraph” for “subclause”

    Source evidence

    Code amendment note
    Subsec. (a)(13)(B). Pub. L. 102–375, § 904(a)(13)(A)(ii)(III), substituted “subparagraph” for “subclause”.

    Enacted provision · exact public law section
    (III) in subparagraph (B) by striking “sub clause” and inserting “subparagraph”; and

    Effective date note
    Amendment by sections 307 and 708(c)(4) 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 sections 307 and 708(c)(4) of Pub. L. 102–375 inapplicable with respect to fiscal year 1992, see section 905(b)(2), (6) of Pub. L. 102–375, set out as a note under section 3001 of this title.

79. 1992

    Older Americans Act Amendments of 1992

    Pub. L. 102–375 § 307(g)(1) · 106 Stat. 1195

    Inserted · 42 U.S.C. § 3027(a)(13)(B)

    Pub. L. 102–375, § 307(g)(1), inserted “(other than under section 3023(b)(3) of this title)” after “available under this subchapter”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–375, § 307(g)(1), inserted “(other than under section 3023(b)(3) of this title)” after “available under this subchapter”.

    Enacted provision · exact public law section
    (1) in subparagraph (B) by inserting “(other than under section 303(b)(3))” after “available under this title”;

    Effective date note
    Amendment by sections 307 and 708(c)(4) 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 sections 307 and 708(c)(4) of Pub. L. 102–375 inapplicable with respect to fiscal year 1992, see section 905(b)(2), (6) of Pub. L. 102–375, set out as a note under section 3001 of this title.

80. 1992

    Older Americans Act Amendments of 1992

    Pub. L. 102–375 § 102(b)(10)(C) · 106 Stat. 1195

    Substituted · 42 U.S.C. § 3027(a)(13)(B)

    Pub. L. 102–375, § 102(b)(10)(C), substituted “area agency on aging” for “area agency”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–375, § 102(b)(10)(C), substituted “area agency on aging” for “area agency”.

    Enacted provision · exact public law section
    (C) Sections 305(c)(2), 306(a)(5)(A)(ii), 306(a)(6)(F), 306(b)(2)(C), 307(a)(13)(B), 307(a)(13)(I), 307(a)(15)(B), and 341(b) (42 U.S.C. 3025(c)(2), 3026(a)(5)(A)(ii), 3026(a)(6)(F), 3026(b)(2)(C), 3027(a)(13)(B), 3027(a)(13)(1), 3027(a)(15)(B), and 3030h(h)) are amended by striking “area agency” and inserting “area agency on aging”.

    Effective date note
    Amendment by sections 307 and 708(c)(4) 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 sections 307 and 708(c)(4) of Pub. L. 102–375 inapplicable with respect to fiscal year 1992, see section 905(b)(2), (6) of Pub. L. 102–375, set out as a note under section 3001 of this title.

81. 1992

    Older Americans Act Amendments of 1992

    Pub. L. 102–375 § 307(g)(2) · 106 Stat. 1195

    1. Inserted · 42 U.S.C. § 3027(a)(13)(F)

       Pub. L. 102–375, § 307(g)(2), inserted “dietitians (or individuals with comparable experience),” after “advice of”

    2. Substituted · 42 U.S.C. § 3027(a)(13)(F)

       Pub. L. 102–375, § 307(g)(2), substituted “project will” for “project may”

    Source evidence

    Code amendment note
    Subsec. (a)(13)(F). Pub. L. 102–375, § 307(g)(2), inserted “dietitians (or individuals with comparable experience),” after “advice of” and substituted “project will” for “project may”.

    Enacted provision · exact public law section
    (2) in subparagraph (F)— (A) by striking “may” and inserting “will”; and (B) by inserting “dietitians (or individuals with comparable expertise),” after “advice of”;

    Effective date note
    Amendment by sections 307 and 708(c)(4) 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 sections 307 and 708(c)(4) of Pub. L. 102–375 inapplicable with respect to fiscal year 1992, see section 905(b)(2), (6) of Pub. L. 102–375, set out as a note under section 3001 of this title.

82. 1992

    Older Americans Act Amendments of 1992

    Pub. L. 102–375 § 307(g)(3) · 106 Stat. 1195

    Struck · 42 U.S.C. § 3027(a)(13)(H)

    Pub. L. 102–375, § 307(g)(3), struck out “and” at end

    Source evidence

    Code amendment note
    Subsec. (a)(13)(H). Pub. L. 102–375, § 307(g)(3), struck out “and” at end.

    Enacted provision · exact public law section
    (3) in subparagraph (H) by striking “and” at the end;

    Effective date note
    Amendment by sections 307 and 708(c)(4) 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 sections 307 and 708(c)(4) of Pub. L. 102–375 inapplicable with respect to fiscal year 1992, see section 905(b)(2), (6) of Pub. L. 102–375, set out as a note under section 3001 of this title.

83. 1992

    Older Americans Act Amendments of 1992

    Pub. L. 102–375 § 102(b)(10)(E) · 106 Stat. 1195

    Substituted · 42 U.S.C. § 3027(a)(13)(H)

    Pub. L. 102–375, § 102(b)(10)(E), substituted “area agency on aging” for “area agency” in two places

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–375, § 102(b)(10)(E), substituted “area agency on aging” for “area agency” in two places.

    Enacted provision · exact public law section
    (E) Sections 306(a)(6)(N), 307(a)(13)(H), and 307(a)(22) (42 U.S.C. 3026(a)(6)(N), 3027(a)(13)(H), and 3027(a)(22)) are amended by striking “area agency” each place the term appears and inserting “area agency on aging”.

    Effective date note
    Amendment by sections 307 and 708(c)(4) 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 sections 307 and 708(c)(4) of Pub. L. 102–375 inapplicable with respect to fiscal year 1992, see section 905(b)(2), (6) of Pub. L. 102–375, set out as a note under section 3001 of this title.

84. 1992

    Older Americans Act Amendments of 1992

    Pub. L. 102–375 § 904(a)(13)(A)(ii)(IV) · 106 Stat. 1195

    Substituted · 42 U.S.C. § 3027(a)(13)(I)

    Pub. L. 102–375, § 904(a)(13)(A)(ii)(IV), substituted “participating older individuals” for “elderly participants”

    Source evidence

    Code amendment note
    Subsec. (a)(13)(I). Pub. L. 102–375, § 904(a)(13)(A)(ii)(IV), substituted “participating older individuals” for “elderly participants”.

    Enacted provision · exact public law section
    (IV) in subparagraph (I) by striking “elderly participants” and inserting “participating older individuals”;

    Effective date note
    Amendment by sections 307 and 708(c)(4) 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 sections 307 and 708(c)(4) of Pub. L. 102–375 inapplicable with respect to fiscal year 1992, see section 905(b)(2), (6) of Pub. L. 102–375, set out as a note under section 3001 of this title.

85. 1992

    Older Americans Act Amendments of 1992

    Pub. L. 102–375 § 307(g)(4) · 106 Stat. 1195

    Substituted · 42 U.S.C. § 3027(a)(13)(I)

    Pub. L. 102–375, § 307(g)(4), substituted semicolon for period at end

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–375, § 307(g)(4), substituted semicolon for period at end.

    Enacted provision · exact public law section
    (4) in subparagraph (I) by striking the period at the end and inserting a semicolon;

    Effective date note
    Amendment by sections 307 and 708(c)(4) 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 sections 307 and 708(c)(4) of Pub. L. 102–375 inapplicable with respect to fiscal year 1992, see section 905(b)(2), (6) of Pub. L. 102–375, set out as a note under section 3001 of this title.

86. 1992

    Older Americans Act Amendments of 1992

    Pub. L. 102–375 § 102(b)(10)(C) · 106 Stat. 1195

    Substituted · 42 U.S.C. § 3027(a)(13)(I)

    Pub. L. 102–375, § 102(b)(10)(C), substituted “area agency on aging” for “area agency”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–375, § 102(b)(10)(C), substituted “area agency on aging” for “area agency”.

    Enacted provision · exact public law section
    (C) Sections 305(c)(2), 306(a)(5)(A)(ii), 306(a)(6)(F), 306(b)(2)(C), 307(a)(13)(B), 307(a)(13)(I), 307(a)(15)(B), and 341(b) (42 U.S.C. 3025(c)(2), 3026(a)(5)(A)(ii), 3026(a)(6)(F), 3026(b)(2)(C), 3027(a)(13)(B), 3027(a)(13)(1), 3027(a)(15)(B), and 3030h(h)) are amended by striking “area agency” and inserting “area agency on aging”.

    Effective date note
    Amendment by sections 307 and 708(c)(4) 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 sections 307 and 708(c)(4) of Pub. L. 102–375 inapplicable with respect to fiscal year 1992, see section 905(b)(2), (6) of Pub. L. 102–375, set out as a note under section 3001 of this title.

87. 1992

    Older Americans Act Amendments of 1992

    Pub. L. 102–375 § 307(g)(5) · 106 Stat. 1195

    Added · 42 U.S.C. § 3027(a)(13)(J)(M)

    Pub. L. 102–375, § 307(g)(5), added subpars. (J) to (M)

    Source evidence

    Code amendment note
    Subsec. (a)(13)(J) to (M). Pub. L. 102–375, § 307(g)(5), added subpars. (J) to (M).

    Enacted provision · exact public law section
    (5) by adding at the end the following: “(J) each nutrition project shall provide nutrition education on at least a semiannual basis to participants in programs described in part C; “(K) each project shall comply with applicable provisions of State or local laws regarding the safe and sanitary handling of food, equipment, and supplies used in the storage, preparation, service, and delivery of meals to an older individual; “(L) the State agency will monitor, coordinate, and assist in the planning of nutritional services, with the advice of a dietitian or an individual with comparable expertise; and “(M) the State agency will— “(i) develop nonfinancial criteria for eligibility to receive nutrition services under section 336; and “(ii) periodically evaluate recipients of such services to determine whether they continue to meet such criteria.”.

    Effective date note
    Amendment by sections 307 and 708(c)(4) 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 sections 307 and 708(c)(4) of Pub. L. 102–375 inapplicable with respect to fiscal year 1992, see section 905(b)(2), (6) of Pub. L. 102–375, set out as a note under section 3001 of this title.

88. 1992

    Older Americans Act Amendments of 1992

    Pub. L. 102–375 § 102(b)(10)(A) · 106 Stat. 1195

    Substituted · 42 U.S.C. § 3027(a)(14)

    Pub. L. 102–375, § 102(b)(10)(A), substituted “area agencies on aging” for “area agencies”

    Source evidence

    Code amendment note
    Subsec. (a)(14). 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”.

    Effective date note
    Amendment by sections 307 and 708(c)(4) 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 sections 307 and 708(c)(4) of Pub. L. 102–375 inapplicable with respect to fiscal year 1992, see section 905(b)(2), (6) of Pub. L. 102–375, set out as a note under section 3001 of this title.

89. 1992

    Older Americans Act Amendments of 1992

    Pub. L. 102–375 § 904(a)(13)(A)(iii) · 106 Stat. 1195

    Substituted · 42 U.S.C. § 3027(a)(14)(D)

    Pub. L. 102–375, § 904(a)(13)(A)(iii), substituted “subparagraph” for “clause”

    Source evidence

    Code amendment note
    Subsec. (a)(14)(D). Pub. L. 102–375, § 904(a)(13)(A)(iii), substituted “subparagraph” for “clause”.

    Enacted provision · exact public law section
    (iii) in paragraph (14)(D) by striking “clause” and inserting “subparagraph”; and

    Effective date note
    Amendment by sections 307 and 708(c)(4) 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 sections 307 and 708(c)(4) of Pub. L. 102–375 inapplicable with respect to fiscal year 1992, see section 905(b)(2), (6) of Pub. L. 102–375, set out as a note under section 3001 of this title.

90. 1992

    Older Americans Act Amendments of 1992

    Pub. L. 102–375 § 102(b)(10)(C) · 106 Stat. 1195

    Substituted · 42 U.S.C. § 3027(a)(15)(B)

    Pub. L. 102–375, § 102(b)(10)(C), substituted “area agency on aging” for “area agency”

    Source evidence

    Code amendment note
    Subsec. (a)(15)(B). Pub. L. 102–375, § 102(b)(10)(C), substituted “area agency on aging” for “area agency”.

    Enacted provision · exact public law section
    (C) Sections 305(c)(2), 306(a)(5)(A)(ii), 306(a)(6)(F), 306(b)(2)(C), 307(a)(13)(B), 307(a)(13)(I), 307(a)(15)(B), and 341(b) (42 U.S.C. 3025(c)(2), 3026(a)(5)(A)(ii), 3026(a)(6)(F), 3026(b)(2)(C), 3027(a)(13)(B), 3027(a)(13)(1), 3027(a)(15)(B), and 3030h(h)) are amended by striking “area agency” and inserting “area agency on aging”.

    Effective date note
    Amendment by sections 307 and 708(c)(4) 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 sections 307 and 708(c)(4) of Pub. L. 102–375 inapplicable with respect to fiscal year 1992, see section 905(b)(2), (6) of Pub. L. 102–375, set out as a note under section 3001 of this title.

91. 1992

    Older Americans Act Amendments of 1992

    Pub. L. 102–375 § 307(h) · 106 Stat. 1195

    Added · 42 U.S.C. § 3027(a)(15)(E)

    Pub. L. 102–375, § 307(h), added subpar. (E)

    Source evidence

    Code amendment note
    Subsec. (a)(15)(E). Pub. L. 102–375, § 307(h), added subpar. (E).

    Enacted provision · exact public law section
    (h) Legal Problems.— Section 307(a)(15) of the Older Americans Act of 1965 (42 U.S.C. 3027(a)(15)) is amended— (1) in subparagraph (C) by striking “and” at the end; (2) in subparagraph (D) by striking the period at the end and inserting “, and”; and (3) by adding at the end the following: “(E) the plan contains assurances that area agencies on aging will give priority to legal assistance related to income, health care, long-term care, nutrition, housing utilities, protective services, defense of guardianship, abuse neglect, and age discrimination.”.

    Effective date note
    Amendment by sections 307 and 708(c)(4) 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 sections 307 and 708(c)(4) of Pub. L. 102–375 inapplicable with respect to fiscal year 1992, see section 905(b)(2), (6) of Pub. L. 102–375, set out as a note under section 3001 of this title.

92. 1992

    Older Americans Act Amendments of 1992

    Pub. L. 102–375 § 307(i) · 106 Stat. 1195

    1. Substituted · 42 U.S.C. § 3027(a)(16)

       Pub. L. 102–375, § 307(i), substituted “shall provide,” for “shall provide that”

    2. Substituted · 42 U.S.C. § 3027(a)(16)

       Pub. L. 102–375, § 307(i), substituted “provide for a” for “, if funds are not appropriated under section 3023(g) of this title for a fiscal year, provide that for such”

    Source evidence

    Code amendment note
    Subsec. (a)(16). Pub. L. 102–375, § 307(i), substituted “shall provide,” for “shall provide that” and “provide for a” for “, if funds are not appropriated under section 3023(g) of this title for a fiscal year, provide that for such”.

    Enacted provision · exact public law section
    (i) Programs for Prevention of Abuse, Neglect, and Exploitation.— Section 307(a)(16) of the Older Americans Act of 1965 (42 U.S.C. 3027(a)(16)) is amended in the matter preceding subparagraph (A)— (1) by striking “that” the first place it appears and inserting a comma; and (2) by striking “, if funds are not appropriated under section 303(g) for a fiscal year, provide that for such” and inserting “provide for a”.

    Effective date note
    Amendment by sections 307 and 708(c)(4) 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 sections 307 and 708(c)(4) of Pub. L. 102–375 inapplicable with respect to fiscal year 1992, see section 905(b)(2), (6) of Pub. L. 102–375, set out as a note under section 3001 of this title.

93. 1992

    Older Americans Act Amendments of 1992

    Pub. L. 102–375 § 904(a)(13)(A)(iv) · 106 Stat. 1195

    Substituted · 42 U.S.C. § 3027(a)(16)(B)

    Pub. L. 102–375, § 904(a)(13)(A)(iv), substituted “paragraph” for “clause”

    Source evidence

    Code amendment note
    Subsec. (a)(16)(B). Pub. L. 102–375, § 904(a)(13)(A)(iv), substituted “paragraph” for “clause”.

    Enacted provision · exact public law section
    (iv) in paragraph (16)(B) by striking “clause” and inserting “paragraph”; and

    Effective date note
    Amendment by sections 307 and 708(c)(4) 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 sections 307 and 708(c)(4) of Pub. L. 102–375 inapplicable with respect to fiscal year 1992, see section 905(b)(2), (6) of Pub. L. 102–375, set out as a note under section 3001 of this title.

94. 1992

    Older Americans Act Amendments of 1992

    Pub. L. 102–375 § 307(j) · 106 Stat. 1195

    Inserted · 42 U.S.C. § 3027(a)(18)

    Pub. L. 102–375, § 307(j), inserted “(one of whom shall be known as a legal assistance developer)” after “personnel”

    Source evidence

    Code amendment note
    Subsec. (a)(18). Pub. L. 102–375, § 307(j), inserted “(one of whom shall be known as a legal assistance developer)” after “personnel”.

    Enacted provision · exact public law section
    (j) Legal Assistance Developer.— Section 307(a)(18) of the Older Americans Act of 1965 (42 U.S.C. 3027(a)(18)) is amended by inserting “(one of whom shall be known as a legal assistance developer)” after “personnel”.

    Effective date note
    Amendment by sections 307 and 708(c)(4) 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 sections 307 and 708(c)(4) of Pub. L. 102–375 inapplicable with respect to fiscal year 1992, see section 905(b)(2), (6) of Pub. L. 102–375, set out as a note under section 3001 of this title.

95. 1992

    Older Americans Act Amendments of 1992

    Pub. L. 102–375 § 708(c)(4) · 106 Stat. 1195

    Substituted · 42 U.S.C. § 3027(a)(20)(A)

    Pub. L. 102–375, § 708(c)(4), substituted “section 3026(a)(2)(A) of this title” for “sections 3026(a)(2)(A) and 3026(a)(6)(P) of this title”

    Source evidence

    Code amendment note
    Subsec. (a)(20)(A). Pub. L. 102–375, § 708(c)(4), substituted “section 3026(a)(2)(A) of this title” for “sections 3026(a)(2)(A) and 3026(a)(6)(P) of this title”.

    Enacted provision · exact public law section
    (4) Section 307(a)(20)(A) of the Older Americans Act of 1965 (42 U.S.C. 3027(a)(20)(A)) is amended by striking “sections 306(a)(2)(A) and 306(a)(6)(P)” and inserting “section 306(a)(2)(A)”.

    Effective date note
    Amendment by sections 307 and 708(c)(4) 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 sections 307 and 708(c)(4) of Pub. L. 102–375 inapplicable with respect to fiscal year 1992, see section 905(b)(2), (6) of Pub. L. 102–375, set out as a note under section 3001 of this title.

96. 1992

    Older Americans Act Amendments of 1992

    Pub. L. 102–375 § 307(k) · 106 Stat. 1195

    Amended · 42 U.S.C. § 3027(a)(21)

    Pub. L. 102–375, § 307(k), amended par. (21) generally. Prior to amendment, par. (21) read as follows: “The State plan shall provide that the State agency, from funds allotted under section 3024(a) of this title for part B of this subchapter 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 of this subchapter for the State is not less than the allotment for fiscal year 1987 for part B of this subchapter for such State, an amount which is not less than the amount expended from funds received under this chapter 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.”

    Source evidence

    Code amendment note
    Subsec. (a)(21). Pub. L. 102–375, § 307(k), amended par. (21) generally. Prior to amendment, par. (21) read as follows: “The State plan shall provide that the State agency, from funds allotted under section 3024(a) of this title for part B of this subchapter 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 of this subchapter for the State is not less than the allotment for fiscal year 1987 for part B of this subchapter for such State, an amount which is not less than the amount expended from funds received under this chapter 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.”

    Enacted provision · exact public law section
    (k) Expenditures Under State Long-Term Care Ombudsman Program.— 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 plan shall provide assurances that the State agency, in carrying out the State Long-Term Care Ombudsman program under section 307(a)(12), will expend not less than the total amount expended by the agency in fiscal year 1991 in carrying out such a program under this title.”.

    Effective date note
    Amendment by sections 307 and 708(c)(4) 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 sections 307 and 708(c)(4) of Pub. L. 102–375 inapplicable with respect to fiscal year 1992, see section 905(b)(2), (6) of Pub. L. 102–375, set out as a note under section 3001 of this title.

97. 1992

    Older Americans Act Amendments of 1992

    Pub. L. 102–375 § 102(b)(10)(E) · 106 Stat. 1195

    Substituted · 42 U.S.C. § 3027(a)(22)

    Pub. L. 102–375, § 102(b)(10)(E), substituted “area agency on aging” for “area agency” in two places

    Source evidence

    Code amendment note
    Subsec. (a)(22). Pub. L. 102–375, § 102(b)(10)(E), substituted “area agency on aging” for “area agency” in two places.

    Enacted provision · exact public law section
    (E) Sections 306(a)(6)(N), 307(a)(13)(H), and 307(a)(22) (42 U.S.C. 3026(a)(6)(N), 3027(a)(13)(H), and 3027(a)(22)) are amended by striking “area agency” each place the term appears and inserting “area agency on aging”.

    Effective date note
    Amendment by sections 307 and 708(c)(4) 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 sections 307 and 708(c)(4) of Pub. L. 102–375 inapplicable with respect to fiscal year 1992, see section 905(b)(2), (6) of Pub. L. 102–375, set out as a note under section 3001 of this title.

98. 1992

    Older Americans Act Amendments of 1992

    Pub. L. 102–375 § 307 · 106 Stat. 1195

    Amended · 42 U.S.C. § 3027(a)(24)

    Pub. L. 102–375, § 307(l), amended par. (24) generally. Prior to amendment, par. (24) read as follows: “The plan shall provide assurances that the State agency will require outreach efforts that will—

    Source evidence

    Code amendment note
    Subsec. (a)(24). Pub. L. 102–375, § 307(l), amended par. (24) generally. Prior to amendment, par. (24) read as follows: “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 subchapter, 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.”

    Enacted provision · exact public law section
    SEC. 307. STATE PLANS. (a) Compliance With Title III.— Section 307(a) of the Older Americans Act of 1965 (42 U.S.C. 3027(a)) is amended— (1) in the first sentence by inserting “the succeeding sentence and” after “provided in”; (2) by inserting after the first sentence the following: “If the Commissioner determines, in the discretion of the Commissioner, that a State failed in 2 successive years to comply with the requirements under this title, then the State shall submit to the Commissioner a State plan for a 1-year period that meets such criteria, for subsequent years until the Commissioner deter-mines that the State is in compliance with such requirements.”; and (3) in paragraph (3)(A)— (A) by inserting “and transportation services” after “assistance”; and (B) by adding at the end the following: “To conduct the evaluation, the State agency shall use the procedures implemented under section 202(a)(29).”. (b) Procedures.— Section 307(a)(5) of the Older Americans Act of 1965 (42 U.S.C. 3027(a)(5)) is amended by adding at the end the following: “The State agency shall establish and publish procedures for requesting and conducting such hearing”. (c) Fiscal Control and Fund Accounting.— Section 307(a)(7) of the Older Americans Act of 1965 (42 U.S.C. 3027(a)(7)) is amended— (1) by inserting “(A)” after “(7)”; and (2) by adding at the end the following: “(B) The plan shall provide assurances that— “(i) no individual (appointed or otherwise) involved in the designation of the State agency or an area agency on aging, or in the designation of the head of any subdivision of the State agency or of an area agency on aging, is subject to a conflict of interest prohibited under this Act; “(ii) no officer, employee, or other representative of the State agency or an area agency on aging is subject to a conflict of interest prohibited under this Act; and “(iii) mechanisms are in place to identify and remove conflicts of interest prohibited under this Act. “(C) The plan shall provide assurances that the State agency and each area agency on aging will— “(i) maintain the integrity and public purpose of services provided, and service providers, under the State plan in all contractual and commercial relationships; “(ii) disclose to the Commissioner— “(I) the identity of each nongovernmental entity with which the State agency or area agency on aging has a contract or commercial relationship relating to providing any service to older individuals; and “(II) the nature of such contract or such relationship; “(iii) demonstrate that a loss or diminution in the quantity or quality of the services provided, or to be provided, under this Act by such agency has not resulted and will not result from such contract or such relationship; “(iv) demonstrate that the quantity or quality of the services to be provided under the State plan will be enhanced as a result of such contract or such relationship; and “(v) on the request of the Commissioner, for the purpose of monitoring compliance with this Act (including conducting an audit), disclose all sources and expenditures of funds the State agency and area agency on aging receive or expend to provide services to older individuals.”. (d) Evaluation.— Section 307(a)(8) of the Older Americans Act of 1965 (42 U.S.C. 3027(a)(8)) is amended by adding at the end the following: “In conducting such evaluations and public hearings, the State agency shall solicit the views and experiences of entities that are knowledgeable about the needs and concerns of low-income minority older individuals.”. (e) Employment Preference.— Section 307(a)(11) of the Older Americans Act of 1965 (42 U.S.C. 3027(a)(11)) is amended by striking “governments,” and all that follows through “older”, and inserting the following: “governments— “(A) preference shall be given to older individuals; and “(B) special consideration shall be given to individuals with formal training in the field of aging (including an educational specialty or emphasis in aging and a training degree or certificate in aging) or equivalent professional experience in the field of aging;”. (f) State Long-Term Care Ombudsman Program.— 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 assurances that the State agency will carry out, through the Office of the State Long Term Care Ombudsman, a State Long-Term Care Ombudsman program in accordance with section 712 and this title.” (g) Use of Funds; Nutrition Education and Sanitary Handling of Meals.— Section 307(a)(13) of the Older Americans Act of 1965 (42 U.S.C. 3027(a)(13)) is amended— (1) in subparagraph (B) by inserting “(other than under section 303(b)(3))” after “available under this title”; (2) in subparagraph (F)— (A) by striking “may” and inserting “will”; and (B) by inserting “dietitians (or individuals with comparable expertise),” after “advice of”; (3) in subparagraph (H) by striking “and” at the end; (4) in subparagraph (I) by striking the period at the end and inserting a semicolon; (5) by adding at the end the following: “(J) each nutrition project shall provide nutrition education on at least a semiannual basis to participants in programs described in part C; “(K) each project shall comply with applicable provisions of State or local laws regarding the safe and sanitary handling of food, equipment, and supplies used in the storage, preparation, service, and delivery of meals to an older individual; “(L) the State agency will monitor, coordinate, and assist in the planning of nutritional services, with the advice of a dietitian or an individual with comparable expertise; and “(M) the State agency will— “(i) develop nonfinancial criteria for eligibility to receive nutrition services under section 336; and “(ii) periodically evaluate recipients of such services to determine whether they continue to meet such criteria.”. (h) Legal Problems.— Section 307(a)(15) of the Older Americans Act of 1965 (42 U.S.C. 3027(a)(15)) is amended— (1) in subparagraph (C) by striking “and” at the end; (2) in subparagraph (D) by striking the period at the end and inserting “, and”; and (3) by adding at the end the following: “(E) the plan contains assurances that area agencies on aging will give priority to legal assistance related to income, health care, long-term care, nutrition, housing utilities, protective services, defense of guardianship, abuse neglect, and age discrimination.”. (i) Programs for Prevention of Abuse, Neglect, and Exploitation.— Section 307(a)(16) of the Older Americans Act of 1965 (42 U.S.C. 3027(a)(16)) is amended in the matter preceding subparagraph (A)— (1) by striking “that” the first place it appears and inserting a comma; and (2) by striking “, if funds are not appropriated under section 303(g) for a fiscal year, provide that for such” and inserting “provide for a”. (j) Legal Assistance Developer.— Section 307(a)(18) of the Older Americans Act of 1965 (42 U.S.C. 3027(a)(18)) is amended by inserting “(one of whom shall be known as a legal assistance developer)” after “personnel”. (k) Expenditures Under State Long-Term Care Ombudsman Program.— 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 plan shall provide assurances that the State agency, in carrying out the State Long-Term Care Ombudsman program under section 307(a)(12), will expend not less than the total amount expended by the agency in fiscal year 1991 in carrying out such a program under this title.”. (l) Outreach and Information.— Section 307(a)(24) of the Older Americans Act of 1965 (42 U.S.C. 3027(a)(24)) is amended to read as follows: “(24) The plan shall provide assurances that the State agency will require outreach efforts that will— “(A) identify individuals eligible for assistance under this Act, with special emphasis on— “(i) older individuals residing in rural areas; “(ii) older individuals with greatest economic need (with particular attention to low-income minority individuals); “(iii) older individuals with greatest social need (with particular attention to low-income minority individuals); “(iv) older individuals with severe disabilities; “(v) older individuals with limited English-speaking ability; and “(vi) older individuals with Alzheimer’s disease or related disorders with neurological and organic brain dysfunction (and the caretakers of such individuals) and “(B) inform the older individuals referred to in clauses (i) through (vi) of subparagraph (A), and the caretakers of such individuals, of the availability of such assistance;” (m) Elder Rights Requirements.— Section 307(a)(30) of the Older Americans Act of 1965 (42 U.S.C. 3027(a)(30)) is amended to read as follows: “(30) The plan shall include the assurances and description required by section 705(a).”. (n) Requirements.— Section 307(a) of the Older Americans Act of 1965 (42 U.S.C. 3027(a)) is amended by striking paragraph (31) and inserting the following: “(31) (A) If 50 percent or more of the area plans in the State provide for an area volunteer services coordinator, as described in section 306(a less 12), the State plan shall provide for a State volunteer services coordinator, who shall— “(i) encourage area agencies on aging to provide for area volunteer services coordinators; “(ii) coordinate the volunteer services offered between the various area agencies on aging; “(iii) encourage, organize, and promote the use of older individuals as volunteers to the State; “(iv) provide technical assistance, which may include training, to area volunteer services coordinators; and “(v) promote the recognition of the contribution made by volunteers to the programs administered under the State plan. “(B) If fewer than 50 percent of the area plans in the State provide for an area volunteer services coordinator, the State plan may provide for the State volunteer services coordinator described in subparagraph (A). “(32) The plan shall provide assurances that special efforts will be made to provide technical assistance to minority providers of services. “(33) The plan— “(A) shall include the statement and the demonstration required by paragraphs (2) and (4) of section 305(d); and “(B) may not be approved unless the Commissioner approves such statement and such demonstration. “(34) The plan shall provide an assurance that the State agency will coordinate programs under this title and title VI, if applicable. “(35) The plan shall— “(A) provide an assurance that the State agency will pursue activities to increase access by older individuals who are Native Americans to all aging programs and benefits provided by the agency, including programs and benefits under this title, if applicable; and “(B) specify the ways in which the State agency intends to implement the activities. “(36) If case management services are offered to provide access to supportive services, the plan shall provide that the State agency shall ensure compliance with the requirements specified in section 306(a)(20). “(37) The plan shall identify for each fiscal year, the actual and projected additional costs of providing services under this title, including the cost of providing access to such services, to older individuals residing in rural areas in the State (in accordance with a standard definition of rural areas specified by the Commissioner). “(38) The plan shall provide assurances that funds received under this title will not be used to pay any part of a cost (including an administrative cost) incurred by the State or an area agency on aging to carry out a contract or commercial relationship that is not carried out to implement this title. “(39) The plan shall provide assurances that preference in receiving services under this title will not be given by the area agency on aging to particular older individuals as a result of a contract or commercial relationship that is not carried out to implement this title. “(40) 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. “(41) The plan shall provide assurances that demonstrable efforts will be made— “(A) to coordinate services provided under this Act with other State services that benefit older individuals; and “(B) to provide multigenerational activities, such as opportunities for older individuals to serve as mentors or advisers in child care, youth day care, educational assistance, at-risk youth intervention, juvenile delinquency treatment, and family support programs. “(42) The plan shall provide assurances that the State will coordinate public services within the State to assist older individuals to obtain transportation services associated with access to services provided under this title, to services under title VI, to comprehensive counseling services, and to legal assistance. “(43) The plan shall provide that the State agency shall issue guidelines applicable to grievance procedures required by section 306(a)(6)(P). “(44) The plan shall include assurances that the State has in effect a mechanism to provide for quality in the provision of in-home services under this title.”. (o) Approval of State Plan.— Section 307(b)(1) of the Older Americans Act of 1965 (42 U.S.C. 3017(b)(1)) is amended by inserting 42 USC 3027. before the period at the end the following: “, except the Commissioner may not approve such plan unless the Commissioner determines that the formula submitted under section 305(a)(2)(1) complies with the guidelines in effect under section 305(a)(2)(C)”. (p) Determination of Disapproval.— Section 307(c) of the Older Americans Act of 1965 (42 U.S.C. 3027(c)) is amended— (1) by inserting “(1)” after “(c)”; and (2) by adding at the end the following: “(2) Not later than 30 days after such final determination, a State dissatisfied with such final determination may appeal such final determination to the Secretary for review. If the State timely appeals such final determination in accordance with subsection (e)(1), the Secretary shall dismiss the appeal filed under this paragraph. “(3) If the State is dissatisfied with the decision of the Secretary after review under paragraph (2), the State may appeal such decision not later than 30 days after such decision and in the manner described in subsection (e). For purposes of appellate review under the preceding sentence, a reference in subsection (e) to the Commissioner shall be deemed to be a reference to the Secretary.”. (q) Repeal of Expired Provision.— Section 307(f) of the Older Americans Act of 1965 (42 U.S.C. 3027(f)) is repealed. (r) Protection of Commercial Information.— Section 307(g) of the Older Americans Act of 1965 (42 U.S.C. 3027(g)) is amended— (1) by striking “(g)” and inserting “(f)(1)”; and (2) by adding at the end the following: “(2) Information disclosed under section 306(a)(14)(B)(i) or subsection (a)(7)(C)(ii)(I) may be disclosed to the public by the State agency or the State only if such information could be disclosed under section 552 of title 5, United States Code, by an agency of the United States.”.

    Effective date note
    Amendment by sections 307 and 708(c)(4) 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 sections 307 and 708(c)(4) of Pub. L. 102–375 inapplicable with respect to fiscal year 1992, see section 905(b)(2), (6) of Pub. L. 102–375, set out as a note under section 3001 of this title.

99. 1992

    Older Americans Act Amendments of 1992

    Pub. L. 102–375 § 307(m) · 106 Stat. 1195

    Amended · 42 U.S.C. § 3027(a)(30)

    Pub. L. 102–375, § 307(m), amended par. (30) generally. Prior to amendment, par. (30) read as follows: “The plan shall provide assurances that if the State receives funds appropriated under section 3023(g) of this title, the State agency and area agencies on aging will expend such funds to carry out part G of this subchapter.”

    Source evidence

    Code amendment note
    Subsec. (a)(30). Pub. L. 102–375, § 307(m), amended par. (30) generally. Prior to amendment, par. (30) read as follows: “The plan shall provide assurances that if the State receives funds appropriated under section 3023(g) of this title, the State agency and area agencies on aging will expend such funds to carry out part G of this subchapter.”

    Enacted provision · exact public law section
    (m) Elder Rights Requirements.— Section 307(a)(30) of the Older Americans Act of 1965 (42 U.S.C. 3027(a)(30)) is amended to read as follows: “(30) The plan shall include the assurances and description required by section 705(a).”.

    Effective date note
    Amendment by sections 307 and 708(c)(4) 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 sections 307 and 708(c)(4) of Pub. L. 102–375 inapplicable with respect to fiscal year 1992, see section 905(b)(2), (6) of Pub. L. 102–375, set out as a note under section 3001 of this title.

100. 1992

     Older Americans Act Amendments of 1992

     Pub. L. 102–375 § 307(n) · 106 Stat. 1195

     1. Amended · 42 U.S.C. § 3027(a)(31)

        Pub. L. 102–375, § 307(n), amended par. (31) generally

     2. Substituted · 42 U.S.C. § 3027(a)(31)

        Pub. L. 102–375, § 307(n), substituting provisions relating to an area or State volunteer services coordinator for provisions that State agency make funds available to eligible area agencies on aging based on number of older individuals with greatest economic need and inadequacy of outreach activities and application assistance, that State agency require area agency to submit application describing and evaluating activities for which funds were sought, that State agency distribute to area agencies certain eligibility information, and that State agency submit to Commissioner a report on evaluations required to be submitted to it by area agencies

     Source evidence

     Code amendment note
     Subsec. (a)(31). Pub. L. 102–375, § 307(n), amended par. (31) generally, substituting provisions relating to an area or State volunteer services coordinator for provisions that State agency make funds available to eligible area agencies on aging based on number of older individuals with greatest economic need and inadequacy of outreach activities and application assistance, that State agency require area agency to submit application describing and evaluating activities for which funds were sought, that State agency distribute to area agencies certain eligibility information, and that State agency submit to Commissioner a report on evaluations required to be submitted to it by area agencies.

     Enacted provision · exact public law section
     (n) Requirements.— Section 307(a) of the Older Americans Act of 1965 (42 U.S.C. 3027(a)) is amended by striking paragraph (31) and inserting the following: “(31) (A) If 50 percent or more of the area plans in the State provide for an area volunteer services coordinator, as described in section 306(a less 12), the State plan shall provide for a State volunteer services coordinator, who shall— “(i) encourage area agencies on aging to provide for area volunteer services coordinators; “(ii) coordinate the volunteer services offered between the various area agencies on aging; “(iii) encourage, organize, and promote the use of older individuals as volunteers to the State; “(iv) provide technical assistance, which may include training, to area volunteer services coordinators; and “(v) promote the recognition of the contribution made by volunteers to the programs administered under the State plan. “(B) If fewer than 50 percent of the area plans in the State provide for an area volunteer services coordinator, the State plan may provide for the State volunteer services coordinator described in subparagraph (A). “(32) The plan shall provide assurances that special efforts will be made to provide technical assistance to minority providers of services. “(33) The plan— “(A) shall include the statement and the demonstration required by paragraphs (2) and (4) of section 305(d); and “(B) may not be approved unless the Commissioner approves such statement and such demonstration. “(34) The plan shall provide an assurance that the State agency will coordinate programs under this title and title VI, if applicable. “(35) The plan shall— “(A) provide an assurance that the State agency will pursue activities to increase access by older individuals who are Native Americans to all aging programs and benefits provided by the agency, including programs and benefits under this title, if applicable; and “(B) specify the ways in which the State agency intends to implement the activities. “(36) If case management services are offered to provide access to supportive services, the plan shall provide that the State agency shall ensure compliance with the requirements specified in section 306(a)(20). “(37) The plan shall identify for each fiscal year, the actual and projected additional costs of providing services under this title, including the cost of providing access to such services, to older individuals residing in rural areas in the State (in accordance with a standard definition of rural areas specified by the Commissioner). “(38) The plan shall provide assurances that funds received under this title will not be used to pay any part of a cost (including an administrative cost) incurred by the State or an area agency on aging to carry out a contract or commercial relationship that is not carried out to implement this title. “(39) The plan shall provide assurances that preference in receiving services under this title will not be given by the area agency on aging to particular older individuals as a result of a contract or commercial relationship that is not carried out to implement this title. “(40) 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. “(41) The plan shall provide assurances that demonstrable efforts will be made— “(A) to coordinate services provided under this Act with other State services that benefit older individuals; and “(B) to provide multigenerational activities, such as opportunities for older individuals to serve as mentors or advisers in child care, youth day care, educational assistance, at-risk youth intervention, juvenile delinquency treatment, and family support programs. “(42) The plan shall provide assurances that the State will coordinate public services within the State to assist older individuals to obtain transportation services associated with access to services provided under this title, to services under title VI, to comprehensive counseling services, and to legal assistance. “(43) The plan shall provide that the State agency shall issue guidelines applicable to grievance procedures required by section 306(a)(6)(P). “(44) The plan shall include assurances that the State has in effect a mechanism to provide for quality in the provision of in-home services under this title.”.

     Effective date note
     Amendment by sections 307 and 708(c)(4) 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 sections 307 and 708(c)(4) of Pub. L. 102–375 inapplicable with respect to fiscal year 1992, see section 905(b)(2), (6) of Pub. L. 102–375, set out as a note under section 3001 of this title.

101. 1992

     Older Americans Act Amendments of 1992

     Pub. L. 102–375 § 307(n) · 106 Stat. 1195

     Added · 42 U.S.C. § 3027(a)(32)(44)

     Pub. L. 102–375, § 307(n), added pars. (32) to (44)

     Source evidence

     Code amendment note
     Subsec. (a)(32) to (44). Pub. L. 102–375, § 307(n), added pars. (32) to (44).

     Enacted provision · exact public law section
     (n) Requirements.— Section 307(a) of the Older Americans Act of 1965 (42 U.S.C. 3027(a)) is amended by striking paragraph (31) and inserting the following: “(31) (A) If 50 percent or more of the area plans in the State provide for an area volunteer services coordinator, as described in section 306(a less 12), the State plan shall provide for a State volunteer services coordinator, who shall— “(i) encourage area agencies on aging to provide for area volunteer services coordinators; “(ii) coordinate the volunteer services offered between the various area agencies on aging; “(iii) encourage, organize, and promote the use of older individuals as volunteers to the State; “(iv) provide technical assistance, which may include training, to area volunteer services coordinators; and “(v) promote the recognition of the contribution made by volunteers to the programs administered under the State plan. “(B) If fewer than 50 percent of the area plans in the State provide for an area volunteer services coordinator, the State plan may provide for the State volunteer services coordinator described in subparagraph (A). “(32) The plan shall provide assurances that special efforts will be made to provide technical assistance to minority providers of services. “(33) The plan— “(A) shall include the statement and the demonstration required by paragraphs (2) and (4) of section 305(d); and “(B) may not be approved unless the Commissioner approves such statement and such demonstration. “(34) The plan shall provide an assurance that the State agency will coordinate programs under this title and title VI, if applicable. “(35) The plan shall— “(A) provide an assurance that the State agency will pursue activities to increase access by older individuals who are Native Americans to all aging programs and benefits provided by the agency, including programs and benefits under this title, if applicable; and “(B) specify the ways in which the State agency intends to implement the activities. “(36) If case management services are offered to provide access to supportive services, the plan shall provide that the State agency shall ensure compliance with the requirements specified in section 306(a)(20). “(37) The plan shall identify for each fiscal year, the actual and projected additional costs of providing services under this title, including the cost of providing access to such services, to older individuals residing in rural areas in the State (in accordance with a standard definition of rural areas specified by the Commissioner). “(38) The plan shall provide assurances that funds received under this title will not be used to pay any part of a cost (including an administrative cost) incurred by the State or an area agency on aging to carry out a contract or commercial relationship that is not carried out to implement this title. “(39) The plan shall provide assurances that preference in receiving services under this title will not be given by the area agency on aging to particular older individuals as a result of a contract or commercial relationship that is not carried out to implement this title. “(40) 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. “(41) The plan shall provide assurances that demonstrable efforts will be made— “(A) to coordinate services provided under this Act with other State services that benefit older individuals; and “(B) to provide multigenerational activities, such as opportunities for older individuals to serve as mentors or advisers in child care, youth day care, educational assistance, at-risk youth intervention, juvenile delinquency treatment, and family support programs. “(42) The plan shall provide assurances that the State will coordinate public services within the State to assist older individuals to obtain transportation services associated with access to services provided under this title, to services under title VI, to comprehensive counseling services, and to legal assistance. “(43) The plan shall provide that the State agency shall issue guidelines applicable to grievance procedures required by section 306(a)(6)(P). “(44) The plan shall include assurances that the State has in effect a mechanism to provide for quality in the provision of in-home services under this title.”.

     Effective date note
     Amendment by sections 307 and 708(c)(4) 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 sections 307 and 708(c)(4) of Pub. L. 102–375 inapplicable with respect to fiscal year 1992, see section 905(b)(2), (6) of Pub. L. 102–375, set out as a note under section 3001 of this title.

102. 1992

     Older Americans Act Amendments of 1992

     Pub. L. 102–375 § 307 · 106 Stat. 1195

     Inserted · 42 U.S.C. § 3027(b)(1)

     Pub. L. 102–375, § 307(o), inserted before period at end “, except the Commissioner may not approve such plan unless the Commissioner determines that the formula submitted under section 3025(a)(2)(D) of this title complies with the guidelines in effect under section 3025(a)(2)(C) of this title”

     Source evidence

     Code amendment note
     Subsec. (b)(1). Pub. L. 102–375, § 307(o), inserted before period at end “, except the Commissioner may not approve such plan unless the Commissioner determines that the formula submitted under section 3025(a)(2)(D) of this title complies with the guidelines in effect under section 3025(a)(2)(C) of this title”.

     Enacted provision · exact public law section
     SEC. 307. STATE PLANS. (a) Compliance With Title III.— Section 307(a) of the Older Americans Act of 1965 (42 U.S.C. 3027(a)) is amended— (1) in the first sentence by inserting “the succeeding sentence and” after “provided in”; (2) by inserting after the first sentence the following: “If the Commissioner determines, in the discretion of the Commissioner, that a State failed in 2 successive years to comply with the requirements under this title, then the State shall submit to the Commissioner a State plan for a 1-year period that meets such criteria, for subsequent years until the Commissioner deter-mines that the State is in compliance with such requirements.”; and (3) in paragraph (3)(A)— (A) by inserting “and transportation services” after “assistance”; and (B) by adding at the end the following: “To conduct the evaluation, the State agency shall use the procedures implemented under section 202(a)(29).”. (b) Procedures.— Section 307(a)(5) of the Older Americans Act of 1965 (42 U.S.C. 3027(a)(5)) is amended by adding at the end the following: “The State agency shall establish and publish procedures for requesting and conducting such hearing”. (c) Fiscal Control and Fund Accounting.— Section 307(a)(7) of the Older Americans Act of 1965 (42 U.S.C. 3027(a)(7)) is amended— (1) by inserting “(A)” after “(7)”; and (2) by adding at the end the following: “(B) The plan shall provide assurances that— “(i) no individual (appointed or otherwise) involved in the designation of the State agency or an area agency on aging, or in the designation of the head of any subdivision of the State agency or of an area agency on aging, is subject to a conflict of interest prohibited under this Act; “(ii) no officer, employee, or other representative of the State agency or an area agency on aging is subject to a conflict of interest prohibited under this Act; and “(iii) mechanisms are in place to identify and remove conflicts of interest prohibited under this Act. “(C) The plan shall provide assurances that the State agency and each area agency on aging will— “(i) maintain the integrity and public purpose of services provided, and service providers, under the State plan in all contractual and commercial relationships; “(ii) disclose to the Commissioner— “(I) the identity of each nongovernmental entity with which the State agency or area agency on aging has a contract or commercial relationship relating to providing any service to older individuals; and “(II) the nature of such contract or such relationship; “(iii) demonstrate that a loss or diminution in the quantity or quality of the services provided, or to be provided, under this Act by such agency has not resulted and will not result from such contract or such relationship; “(iv) demonstrate that the quantity or quality of the services to be provided under the State plan will be enhanced as a result of such contract or such relationship; and “(v) on the request of the Commissioner, for the purpose of monitoring compliance with this Act (including conducting an audit), disclose all sources and expenditures of funds the State agency and area agency on aging receive or expend to provide services to older individuals.”. (d) Evaluation.— Section 307(a)(8) of the Older Americans Act of 1965 (42 U.S.C. 3027(a)(8)) is amended by adding at the end the following: “In conducting such evaluations and public hearings, the State agency shall solicit the views and experiences of entities that are knowledgeable about the needs and concerns of low-income minority older individuals.”. (e) Employment Preference.— Section 307(a)(11) of the Older Americans Act of 1965 (42 U.S.C. 3027(a)(11)) is amended by striking “governments,” and all that follows through “older”, and inserting the following: “governments— “(A) preference shall be given to older individuals; and “(B) special consideration shall be given to individuals with formal training in the field of aging (including an educational specialty or emphasis in aging and a training degree or certificate in aging) or equivalent professional experience in the field of aging;”. (f) State Long-Term Care Ombudsman Program.— 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 assurances that the State agency will carry out, through the Office of the State Long Term Care Ombudsman, a State Long-Term Care Ombudsman program in accordance with section 712 and this title.” (g) Use of Funds; Nutrition Education and Sanitary Handling of Meals.— Section 307(a)(13) of the Older Americans Act of 1965 (42 U.S.C. 3027(a)(13)) is amended— (1) in subparagraph (B) by inserting “(other than under section 303(b)(3))” after “available under this title”; (2) in subparagraph (F)— (A) by striking “may” and inserting “will”; and (B) by inserting “dietitians (or individuals with comparable expertise),” after “advice of”; (3) in subparagraph (H) by striking “and” at the end; (4) in subparagraph (I) by striking the period at the end and inserting a semicolon; (5) by adding at the end the following: “(J) each nutrition project shall provide nutrition education on at least a semiannual basis to participants in programs described in part C; “(K) each project shall comply with applicable provisions of State or local laws regarding the safe and sanitary handling of food, equipment, and supplies used in the storage, preparation, service, and delivery of meals to an older individual; “(L) the State agency will monitor, coordinate, and assist in the planning of nutritional services, with the advice of a dietitian or an individual with comparable expertise; and “(M) the State agency will— “(i) develop nonfinancial criteria for eligibility to receive nutrition services under section 336; and “(ii) periodically evaluate recipients of such services to determine whether they continue to meet such criteria.”. (h) Legal Problems.— Section 307(a)(15) of the Older Americans Act of 1965 (42 U.S.C. 3027(a)(15)) is amended— (1) in subparagraph (C) by striking “and” at the end; (2) in subparagraph (D) by striking the period at the end and inserting “, and”; and (3) by adding at the end the following: “(E) the plan contains assurances that area agencies on aging will give priority to legal assistance related to income, health care, long-term care, nutrition, housing utilities, protective services, defense of guardianship, abuse neglect, and age discrimination.”. (i) Programs for Prevention of Abuse, Neglect, and Exploitation.— Section 307(a)(16) of the Older Americans Act of 1965 (42 U.S.C. 3027(a)(16)) is amended in the matter preceding subparagraph (A)— (1) by striking “that” the first place it appears and inserting a comma; and (2) by striking “, if funds are not appropriated under section 303(g) for a fiscal year, provide that for such” and inserting “provide for a”. (j) Legal Assistance Developer.— Section 307(a)(18) of the Older Americans Act of 1965 (42 U.S.C. 3027(a)(18)) is amended by inserting “(one of whom shall be known as a legal assistance developer)” after “personnel”. (k) Expenditures Under State Long-Term Care Ombudsman Program.— 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 plan shall provide assurances that the State agency, in carrying out the State Long-Term Care Ombudsman program under section 307(a)(12), will expend not less than the total amount expended by the agency in fiscal year 1991 in carrying out such a program under this title.”. (l) Outreach and Information.— Section 307(a)(24) of the Older Americans Act of 1965 (42 U.S.C. 3027(a)(24)) is amended to read as follows: “(24) The plan shall provide assurances that the State agency will require outreach efforts that will— “(A) identify individuals eligible for assistance under this Act, with special emphasis on— “(i) older individuals residing in rural areas; “(ii) older individuals with greatest economic need (with particular attention to low-income minority individuals); “(iii) older individuals with greatest social need (with particular attention to low-income minority individuals); “(iv) older individuals with severe disabilities; “(v) older individuals with limited English-speaking ability; and “(vi) older individuals with Alzheimer’s disease or related disorders with neurological and organic brain dysfunction (and the caretakers of such individuals) and “(B) inform the older individuals referred to in clauses (i) through (vi) of subparagraph (A), and the caretakers of such individuals, of the availability of such assistance;” (m) Elder Rights Requirements.— Section 307(a)(30) of the Older Americans Act of 1965 (42 U.S.C. 3027(a)(30)) is amended to read as follows: “(30) The plan shall include the assurances and description required by section 705(a).”. (n) Requirements.— Section 307(a) of the Older Americans Act of 1965 (42 U.S.C. 3027(a)) is amended by striking paragraph (31) and inserting the following: “(31) (A) If 50 percent or more of the area plans in the State provide for an area volunteer services coordinator, as described in section 306(a less 12), the State plan shall provide for a State volunteer services coordinator, who shall— “(i) encourage area agencies on aging to provide for area volunteer services coordinators; “(ii) coordinate the volunteer services offered between the various area agencies on aging; “(iii) encourage, organize, and promote the use of older individuals as volunteers to the State; “(iv) provide technical assistance, which may include training, to area volunteer services coordinators; and “(v) promote the recognition of the contribution made by volunteers to the programs administered under the State plan. “(B) If fewer than 50 percent of the area plans in the State provide for an area volunteer services coordinator, the State plan may provide for the State volunteer services coordinator described in subparagraph (A). “(32) The plan shall provide assurances that special efforts will be made to provide technical assistance to minority providers of services. “(33) The plan— “(A) shall include the statement and the demonstration required by paragraphs (2) and (4) of section 305(d); and “(B) may not be approved unless the Commissioner approves such statement and such demonstration. “(34) The plan shall provide an assurance that the State agency will coordinate programs under this title and title VI, if applicable. “(35) The plan shall— “(A) provide an assurance that the State agency will pursue activities to increase access by older individuals who are Native Americans to all aging programs and benefits provided by the agency, including programs and benefits under this title, if applicable; and “(B) specify the ways in which the State agency intends to implement the activities. “(36) If case management services are offered to provide access to supportive services, the plan shall provide that the State agency shall ensure compliance with the requirements specified in section 306(a)(20). “(37) The plan shall identify for each fiscal year, the actual and projected additional costs of providing services under this title, including the cost of providing access to such services, to older individuals residing in rural areas in the State (in accordance with a standard definition of rural areas specified by the Commissioner). “(38) The plan shall provide assurances that funds received under this title will not be used to pay any part of a cost (including an administrative cost) incurred by the State or an area agency on aging to carry out a contract or commercial relationship that is not carried out to implement this title. “(39) The plan shall provide assurances that preference in receiving services under this title will not be given by the area agency on aging to particular older individuals as a result of a contract or commercial relationship that is not carried out to implement this title. “(40) 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. “(41) The plan shall provide assurances that demonstrable efforts will be made— “(A) to coordinate services provided under this Act with other State services that benefit older individuals; and “(B) to provide multigenerational activities, such as opportunities for older individuals to serve as mentors or advisers in child care, youth day care, educational assistance, at-risk youth intervention, juvenile delinquency treatment, and family support programs. “(42) The plan shall provide assurances that the State will coordinate public services within the State to assist older individuals to obtain transportation services associated with access to services provided under this title, to services under title VI, to comprehensive counseling services, and to legal assistance. “(43) The plan shall provide that the State agency shall issue guidelines applicable to grievance procedures required by section 306(a)(6)(P). “(44) The plan shall include assurances that the State has in effect a mechanism to provide for quality in the provision of in-home services under this title.”. (o) Approval of State Plan.— Section 307(b)(1) of the Older Americans Act of 1965 (42 U.S.C. 3017(b)(1)) is amended by inserting 42 USC 3027. before the period at the end the following: “, except the Commissioner may not approve such plan unless the Commissioner determines that the formula submitted under section 305(a)(2)(1) complies with the guidelines in effect under section 305(a)(2)(C)”. (p) Determination of Disapproval.— Section 307(c) of the Older Americans Act of 1965 (42 U.S.C. 3027(c)) is amended— (1) by inserting “(1)” after “(c)”; and (2) by adding at the end the following: “(2) Not later than 30 days after such final determination, a State dissatisfied with such final determination may appeal such final determination to the Secretary for review. If the State timely appeals such final determination in accordance with subsection (e)(1), the Secretary shall dismiss the appeal filed under this paragraph. “(3) If the State is dissatisfied with the decision of the Secretary after review under paragraph (2), the State may appeal such decision not later than 30 days after such decision and in the manner described in subsection (e). For purposes of appellate review under the preceding sentence, a reference in subsection (e) to the Commissioner shall be deemed to be a reference to the Secretary.”. (q) Repeal of Expired Provision.— Section 307(f) of the Older Americans Act of 1965 (42 U.S.C. 3027(f)) is repealed. (r) Protection of Commercial Information.— Section 307(g) of the Older Americans Act of 1965 (42 U.S.C. 3027(g)) is amended— (1) by striking “(g)” and inserting “(f)(1)”; and (2) by adding at the end the following: “(2) Information disclosed under section 306(a)(14)(B)(i) or subsection (a)(7)(C)(ii)(I) may be disclosed to the public by the State agency or the State only if such information could be disclosed under section 552 of title 5, United States Code, by an agency of the United States.”.

     Effective date note
     Amendment by sections 307 and 708(c)(4) 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 sections 307 and 708(c)(4) of Pub. L. 102–375 inapplicable with respect to fiscal year 1992, see section 905(b)(2), (6) of Pub. L. 102–375, set out as a note under section 3001 of this title.

103. 1992

     Older Americans Act Amendments of 1992

     Pub. L. 102–375 § 904(a)(13)(B) · 106 Stat. 1195

     Substituted · 42 U.S.C. § 3027(b)(2)

     Pub. L. 102–375, § 904(a)(13)(B), substituted “described in paragraph” for “described in clause”

     Source evidence

     Code amendment note
     Subsec. (b)(2). Pub. L. 102–375, § 904(a)(13)(B), substituted “described in paragraph” for “described in clause”.

     Enacted provision · exact public law section
     (B) in subsection (b)(2) by striking “clause” and inserting “paragraph”;

     Effective date note
     Amendment by sections 307 and 708(c)(4) 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 sections 307 and 708(c)(4) of Pub. L. 102–375 inapplicable with respect to fiscal year 1992, see section 905(b)(2), (6) of Pub. L. 102–375, set out as a note under section 3001 of this title.

104. 1992

     Older Americans Act Amendments of 1992

     Pub. L. 102–375 § 307(p) · 106 Stat. 1195

     1. Amended · 42 U.S.C. § 3027(c)

        Pub. L. 102–375, § 307(p), designated existing provisions as par. (1)

     2. Added · 42 U.S.C. § 3027(c)

        Pub. L. 102–375, § 307(p), added pars. (2) and (3)

     Source evidence

     Code amendment note
     Subsec. (c). Pub. L. 102–375, § 307(p), designated existing provisions as par. (1) and added pars. (2) and (3).

     Enacted provision · exact public law section
     (p) Determination of Disapproval.— Section 307(c) of the Older Americans Act of 1965 (42 U.S.C. 3027(c)) is amended— (1) by inserting “(1)” after “(c)”; and (2) by adding at the end the following: “(2) Not later than 30 days after such final determination, a State dissatisfied with such final determination may appeal such final determination to the Secretary for review. If the State timely appeals such final determination in accordance with subsection (e)(1), the Secretary shall dismiss the appeal filed under this paragraph. “(3) If the State is dissatisfied with the decision of the Secretary after review under paragraph (2), the State may appeal such decision not later than 30 days after such decision and in the manner described in subsection (e). For purposes of appellate review under the preceding sentence, a reference in subsection (e) to the Commissioner shall be deemed to be a reference to the Secretary.”.

     Effective date note
     Amendment by sections 307 and 708(c)(4) 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 sections 307 and 708(c)(4) of Pub. L. 102–375 inapplicable with respect to fiscal year 1992, see section 905(b)(2), (6) of Pub. L. 102–375, set out as a note under section 3001 of this title.

105. 1992

     Older Americans Act Amendments of 1992

     Pub. L. 102–375 § 307(q) · 106 Stat. 1195

     1. Redesignated · 42 U.S.C. § 3027(f)

        Pub. L. 102–375, § 307(q), (r), redesignated subsec. (g) as subsec. (f)(1)

     2. Added · 42 U.S.C. § 3027(f)

        Pub. L. 102–375, § 307(q), (r), added subsec. (f)(2)

     3. Struck · 42 U.S.C. § 3027(f)

        Pub. L. 102–375, § 307(q), (r), struck out former subsec. (f) which related to demonstration projects for health and nutrition education

     Source evidence

     Code amendment note
     Subsec. (f). Pub. L. 102–375, § 307(q), (r), redesignated subsec. (g) as subsec. (f)(1), added subsec. (f)(2), and struck out former subsec. (f) which related to demonstration projects for health and nutrition education.

     Enacted provision · exact public law section
     (q) Repeal of Expired Provision.— Section 307(f) of the Older Americans Act of 1965 (42 U.S.C. 3027(f)) is repealed.

     Effective date note
     Amendment by sections 307 and 708(c)(4) 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 sections 307 and 708(c)(4) of Pub. L. 102–375 inapplicable with respect to fiscal year 1992, see section 905(b)(2), (6) of Pub. L. 102–375, set out as a note under section 3001 of this title.

106. 1992

     Older Americans Act Amendments of 1992

     Pub. L. 102–375 § 307(r)(1) · 106 Stat. 1195

     Redesignated · 42 U.S.C. § 3027(g)

     Pub. L. 102–375, § 307(r)(1), redesignated subsec. (g) as subsec. (f)(1)

     Source evidence

     Code amendment note
     Subsec. (g). Pub. L. 102–375, § 307(r)(1), redesignated subsec. (g) as subsec. (f)(1).

     Enacted provision · exact public law section
     (1) by striking “(g)” and inserting “(f)(1)”; and

     Effective date note
     Amendment by sections 307 and 708(c)(4) 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 sections 307 and 708(c)(4) of Pub. L. 102–375 inapplicable with respect to fiscal year 1992, see section 905(b)(2), (6) of Pub. L. 102–375, set out as a note under section 3001 of this title.

107. 1993

     Older Americans Act Technical Amendments of 1993

     Pub. L. 103–171 § 3(a)(5)(B) · 107 Stat. 1988

     Substituted · 42 U.S.C. § 3027

     Pub. L. 103–171, § 3(a)(5)(B), substituted “Assistant Secretary” for “Commissioner” wherever appearing

     Source evidence

     Code amendment note
     Pub. L. 103–171, § 3(a)(5)(B), substituted “Assistant Secretary” for “Commissioner” wherever appearing.

     Enacted provision · exact public law section
     (B) by striking “Commissioner” each place it appears and inserting “Assistant Secretary”,

     Effective date note
     Amendment by sections 307 and 708(c)(4) 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 sections 307 and 708(c)(4) of Pub. L. 102–375 inapplicable with respect to fiscal year 1992, see section 905(b)(2), (6) of Pub. L. 102–375, set out as a note under section 3001 of this title.

108. 1993

     Older Americans Act Technical Amendments of 1993

     Pub. L. 103–171 § 2(9)(A)(i) · 107 Stat. 1988

     Substituted · 42 U.S.C. § 3027(a)(8)

     Pub. L. 103–171, § 2(9)(A)(i), substituted “knowledgeable” for “knowledgable”

     Source evidence

     Code amendment note
     Subsec. (a)(8). Pub. L. 103–171, § 2(9)(A)(i), substituted “knowledgeable” for “knowledgable”.

     Enacted provision · exact public law section
     (i) in the last sentence of paragraph (8) by striking “knowledgable” and inserting “knowledgeable”, and

     Effective date note
     Amendment by sections 307 and 708(c)(4) 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 sections 307 and 708(c)(4) of Pub. L. 102–375 inapplicable with respect to fiscal year 1992, see section 905(b)(2), (6) of Pub. L. 102–375, set out as a note under section 3001 of this title.

109. 1993

     Older Americans Act Technical Amendments of 1993

     Pub. L. 103–171 § 2(9)(A)(ii) · 107 Stat. 1988

     Substituted · 42 U.S.C. § 3027(a)(24)

     Pub. L. 103–171, § 2(9)(A)(ii), substituted period for semicolon at end

     Source evidence

     Code amendment note
     Subsec. (a)(24). Pub. L. 103–171, § 2(9)(A)(ii), substituted period for semicolon at end.

     Enacted provision · exact public law section
     (ii) in paragraph (24) by striking the semicolon at the end and inserting a period, and

     Effective date note
     Amendment by sections 307 and 708(c)(4) 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 sections 307 and 708(c)(4) of Pub. L. 102–375 inapplicable with respect to fiscal year 1992, see section 905(b)(2), (6) of Pub. L. 102–375, set out as a note under section 3001 of this title.

110. 1993

     Older Americans Act Technical Amendments of 1993

     Pub. L. 103–171 § 2(9)(B) · 107 Stat. 1988

     Substituted · 42 U.S.C. § 3027(b)(2)

     Pub. L. 103–171, § 2(9)(B), substituted “such requirement” for “the requirement described in clause (3)(B) of subsection (a) of this section”

     Source evidence

     Code amendment note
     Subsec. (b)(2). Pub. L. 103–171, § 2(9)(B), substituted “such requirement” for “the requirement described in clause (3)(B) of subsection (a) of this section”.

     Enacted provision · exact public law section
     (B) in subsection (b)(2) by striking “the requirement described in clause (3)(B) of subsection (a)” and inserting “such requirement”,

     Effective date note
     Amendment by sections 307 and 708(c)(4) 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 sections 307 and 708(c)(4) of Pub. L. 102–375 inapplicable with respect to fiscal year 1992, see section 905(b)(2), (6) of Pub. L. 102–375, set out as a note under section 3001 of this title.

111. 1993

     Older Americans Act Technical Amendments of 1993

     Pub. L. 103–171 § 3(a)(5)(A) · 107 Stat. 1988

     Substituted · 42 U.S.C. § 3027(d); 42 U.S.C. § 3027(e)

     Pub. L. 103–171, § 3(a)(5)(A), substituted “Assistant Secretary’s” for “Commissioner’s” wherever appearing

     Source evidence

     Code amendment note
     Subsecs. (d), (e). Pub. L. 103–171, § 3(a)(5)(A), substituted “Assistant Secretary’s” for “Commissioner’s” wherever appearing.

     Enacted provision · exact public law section
     (A) in subsections (d) and (e) by striking “Commissioner’s” each place it appears and inserting “Assistant Secretary’s”, and

     Effective date note
     Amendment by sections 307 and 708(c)(4) 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 sections 307 and 708(c)(4) of Pub. L. 102–375 inapplicable with respect to fiscal year 1992, see section 905(b)(2), (6) of Pub. L. 102–375, set out as a note under section 3001 of this title.

112. 2000

     Pub. L. 106–501 § 306(1) · 114 Stat. 2226

     1. Added · 42 U.S.C. § 3027(a)(1)(5)

        Pub. L. 106–501, § 306(1), added pars. (1) to (5)

     2. Struck · 42 U.S.C. § 3027(a)(1)(5)

        Pub. L. 106–501, § 306(1), struck out former pars. (1) to (5) which required each State plan to: in par. (1), contain assurances that the State plan would be based on area plans and that the State would distribute a uniform format for developing area plans, in par. (2), provide that each area agency on aging develop an area plan for approval by the State agency, in par. (3), provide that the State agency would evaluate the need for supportive services, nutrition services, and multipurpose senior centers within the State and spend not less than 105 percent of fiscal year 1978 expenditures for services to older individuals residing in rural areas in the State, in par. (4), provide methods of administration of the plan and any necessary reorganization and reassignment of functions to assure efficient administration, and, in par. (5), provide that the State agency would conduct hearings upon request by an area agency on aging submitting a plan, a service provider under a plan, or an applicant to provide service under a plan

     Source evidence

     Code amendment note
     Subsec. (a)(1) to (5). Pub. L. 106–501, § 306(1), added pars. (1) to (5) and struck out former pars. (1) to (5) which required each State plan to: in par. (1), contain assurances that the State plan would be based on area plans and that the State would distribute a uniform format for developing area plans, in par. (2), provide that each area agency on aging develop an area plan for approval by the State agency, in par. (3), provide that the State agency would evaluate the need for supportive services, nutrition services, and multipurpose senior centers within the State and spend not less than 105 percent of fiscal year 1978 expenditures for services to older individuals residing in rural areas in the State, in par. (4), provide methods of administration of the plan and any necessary reorganization and reassignment of functions to assure efficient administration, and, in par. (5), provide that the State agency would conduct hearings upon request by an area agency on aging submitting a plan, a service provider under a plan, or an applicant to provide service under a plan.

     Enacted provision · exact public law section
     (1) by striking paragraphs (1) through (5) and inserting the following: “(1) The plan shall— “(A) require each area agency on aging designated under section 305(a)(2)(A) to develop and submit to the State agency for approval, in accordance with a uniform format developed by the State agency, an area plan meeting the requirements of section 306; and “(B) be based on such area plans. “(2) The plan shall provide that the State agency will— “(A) evaluate, using uniform procedures described in section 202(a)(29), the need for supportive services (including legal assistance pursuant to 307(a)(11), information and assistance, and transportation services), nutrition services, and multipurpose senior centers within the State; “(B) develop a standardized process to determine the extent to which public or private programs and resources (including volunteers and programs and services of voluntary organizations) that have the capacity and actually meet such need; and “(C) specify a minimum proportion of the funds received by each area agency on aging in the State to carry out part B that will be expended (in the absence of a waiver under section 306(b) or 316) by such area agency on aging to provide each of the categories of services specified in section 306(a)(2). “(3) The plan shall— “(A) include (and may not be approved unless the Assistant Secretary approves) the statement and demonstration required by paragraphs (2) and (4) of section 305(d) (concerning intrastate distribution of funds); and “(B) with respect to services for older individuals residing in rural areas— “(i) provide assurances that the State agency will spend for each fiscal year, not less than the amount expended for such services for fiscal year 2000; “(ii) identify, for each fiscal year to which the plan applies, the projected costs of providing such services (including the cost of providing access to such services); and “(iii) describe the methods used to meet the needs for such services in the fiscal year preceding the first year to which such plan applies. “(4) The plan shall provide that the State agency will conduct periodic evaluations of, and public hearings on, activities and projects carried out in the State under this title and title VII, including evaluations of the effectiveness of services provided to individuals with greatest economic need, greatest social need, or disabilities, with particular attention to low-income minority individuals and older individuals residing in rural areas. “(5) The plan shall provide that the State agency will— “(A) afford an opportunity for a hearing upon request, in accordance with published procedures, to any area agency on aging submitting a plan under this title, to any provider of (or applicant to provide) services; “(B) issue guidelines applicable to grievance procedures required by section 306(a)( 10); and “(C) afford an opportunity for a public hearing, upon request, by any area agency on aging, by any provider of (or applicant to provide) services, or by any recipient of services under this title regarding any waiver request, including those under section 316.”;

113. 2000

     Pub. L. 106–501 § 306(2) · 114 Stat. 2226

     Struck · 42 U.S.C. § 3027(a)(7)(C)

     Pub. L. 106–501, § 306(2), struck out subpar. (C) which required the plan to provide assurances that the State agency and each area agency on aging would maintain the integrity and public purpose of services provided and service providers under the State plan in all contractual and commercial relationships, disclose the parties to and the nature of a contract or relationship relating to services to older individuals, demonstrate no loss or diminution in quantity or quality of services as a result of such contract or relationship, demonstrate enhancement of quantity and quality of services as a result of such contract or relationship, and disclose on request all sources and expenditures of funds the State agency and area agency on aging received or expended to provide services to older individuals

     Source evidence

     Code amendment note
     Subsec. (a)(7)(C). Pub. L. 106–501, § 306(2), struck out subpar. (C) which required the plan to provide assurances that the State agency and each area agency on aging would maintain the integrity and public purpose of services provided and service providers under the State plan in all contractual and commercial relationships, disclose the parties to and the nature of a contract or relationship relating to services to older individuals, demonstrate no loss or diminution in quantity or quality of services as a result of such contract or relationship, demonstrate enhancement of quantity and quality of services as a result of such contract or relationship, and disclose on request all sources and expenditures of funds the State agency and area agency on aging received or expended to provide services to older individuals.

     Enacted provision · exact public law section
     (2) in paragraph (7), by striking subparagraph (C);

114. 2000

     Pub. L. 106–501 § 306(3) · 114 Stat. 2226

     1. Added · 42 U.S.C. § 3027(a)(8); 42 U.S.C. § 3027(a)(9)

        Pub. L. 106–501, § 306(3), added pars. (8) and (9)

     2. Struck · 42 U.S.C. § 3027(a)(8); 42 U.S.C. § 3027(a)(9)

        Pub. L. 106–501, § 306(3), struck out former pars. (8) and (9) which read as follows:

     Source evidence

     Code amendment note
     Subsec. (a)(8), (9). Pub. L. 106–501, § 306(3), added pars. (8) and (9) and struck out former pars. (8) and (9) which read as follows:

     “(8) The plan shall provide that the State agency will conduct periodic evaluations of, and public hearings on, activities and projects carried out under the State plan, including an evaluation of the effectiveness of the State agency in reaching older individuals with greatest economic need and older individuals with greatest social need, with particular attention to low-income minority individuals. In conducting such evaluations and public hearings, the State agency shall solicit the views and experiences of entities that are knowledgeable about the needs and concerns of low-income minority older individuals. “(9) The plan shall provide for establishing and maintaining information and assistance services in sufficient numbers to assure that all older individuals in the State who are not furnished adequate information and assistance services under section 3026(a)(4) of this title will have reasonably convenient access to such services.”

     Enacted provision · exact public law section
     (3) by striking paragraphs (8) and (9) and inserting the following: “(8) (A) The plan shall provide that no supportive services, nutrition services, or in-home services will be directly provided by the State agency or an area agency on aging in the State, unless, in the judgment of the State agency— “(i) provision of such services by the State agency or the area agency on aging is necessary to assure an adequate supply of such services; “(ii) such services are directly related to such State agency’s or area agency on aging’s administrative functions; or “(iii) such services can be provided more economically, and with comparable quality, by such State agency or area agency on aging. “(B) Regarding case management services, if the State agency or area agency on aging is already providing case management services (as of the date of submission of the plan) under a State program, the plan may specify that such agency is allowed to continue to provide case management services. “(C) The plan may specify that an area agency on aging is allowed to directly provide information and assistance services and outreach. “(9) The plan shall provide assurances that the State agency will carry out, through the Office of the State Long-Term Care Ombudsman, a State Long-Term Care Ombudsman program in accordance with section 712 and this title, and will expend for such purpose an amount that is not less than an amount expended by the State agency with funds received under this title for fiscal year 2000, and an amount that is not less than the amount expended by the State agency with funds received under title VII for fiscal year 2000.”;

115. 2000

     Pub. L. 106–501 § 306(4) · 114 Stat. 2226

     1. Added · 42 U.S.C. § 3027(a)(10)

        Pub. L. 106–501, § 306(4), added par. (10)

     2. Struck · 42 U.S.C. § 3027(a)(10)

        Pub. L. 106–501, § 306(4), struck out former par. (10) which read as follows: “The plan shall provide that no supportive services, nutrition services, or in-home services (as defined in section 3030i of this title) will be directly provided by the State agency or an area agency on aging, except where, in the judgment of the State agency, provision of such services by the State agency or an area agency on aging is necessary to assure an adequate supply of such services, or where such services are directly related to such State or area agency on aging’s administrative functions, or where such services of comparable quality can be provided more economically by such State or area agency on aging.”

     Source evidence

     Code amendment note
     Subsec. (a)(10). Pub. L. 106–501, § 306(4), added par. (10) and struck out former par. (10) which read as follows: “The plan shall provide that no supportive services, nutrition services, or in-home services (as defined in section 3030i of this title) will be directly provided by the State agency or an area agency on aging, except where, in the judgment of the State agency, provision of such services by the State agency or an area agency on aging is necessary to assure an adequate supply of such services, or where such services are directly related to such State or area agency on aging’s administrative functions, or where such services of comparable quality can be provided more economically by such State or area agency on aging.”

     Enacted provision · exact public law section
     (4) by striking paragraph (10) and inserting the following: “(10) The plan shall provide assurances that the special needs of older individuals residing in rural areas will be taken into consideration and shall describe how those needs have been met and describe how funds have been allocated to meet those needs.”;

116. 2000

     Pub. L. 106–501 § 306(5) · 114 Stat. 2226

     1. Redesignated · 42 U.S.C. § 3027(a)(11)

        Pub. L. 106–501, § 306(5), (6), redesignated par. (15) as (11)

     2. Struck · 42 U.S.C. § 3027(a)(11)

        Pub. L. 106–501, § 306(5), (6), struck out former par. (11) which read as follows: “The plan shall provide that subject to the requirements of merit employment systems of State and local governments—

     Source evidence

     Code amendment note
     Subsec. (a)(11). Pub. L. 106–501, § 306(5), (6), redesignated par. (15) as (11) and struck out former par. (11) which read as follows: “The plan shall provide that subject to the requirements of merit employment systems of State and local governments—

     “(A) preference shall be given to older individuals; and “(B) special consideration shall be given to individuals with formal training in the field of aging (including an educational specialty or emphasis in aging and a training degree or certificate in aging) or equivalent professional experience in the field of aging; for any staff positions (full time or part time) in State and area agencies for which such individuals qualify.”

     Enacted provision · exact public law section
     (5) by striking paragraphs (11), (12), (13), and (14);

117. 2000

     Pub. L. 106–501 § 306(5) · 114 Stat. 2226

     1. Redesignated · 42 U.S.C. § 3027(a)(12)

        Pub. L. 106–501, § 306(5), (6), redesignated par. (16) as (12)

     2. Struck · 42 U.S.C. § 3027(a)(12)

        Pub. L. 106–501, § 306(5), (6), struck out former par. (12) which read as follows: “The plan shall provide assurances that the State agency will carry out, through the Office of the State Long-Term Care Ombudsman, a State Long-Term Care Ombudsman program in accordance with section 3058g of this title and this subchapter.”

     Source evidence

     Code amendment note
     Subsec. (a)(12). Pub. L. 106–501, § 306(5), (6), redesignated par. (16) as (12) and struck out former par. (12) which read as follows: “The plan shall provide assurances that the State agency will carry out, through the Office of the State Long-Term Care Ombudsman, a State Long-Term Care Ombudsman program in accordance with section 3058g of this title and this subchapter.”

     Enacted provision · exact public law section
     (5) by striking paragraphs (11), (12), (13), and (14);

118. 2000

     Pub. L. 106–501 § 306(5) · 114 Stat. 2226

     1. Redesignated · 42 U.S.C. § 3027(a)(13)

        Pub. L. 106–501, § 306(5), (8), redesignated par. (18) as (13)

     2. Struck · 42 U.S.C. § 3027(a)(13)

        Pub. L. 106–501, § 306(5), (8), struck out former par. (13) which related to a list of requirements that the plan was to provide with respect to nutrition services

     Source evidence

     Code amendment note
     Subsec. (a)(13). Pub. L. 106–501, § 306(5), (8), redesignated par. (18) as (13) and struck out former par. (13) which related to a list of requirements that the plan was to provide with respect to nutrition services.

     Enacted provision · exact public law section
     (5) by striking paragraphs (11), (12), (13), and (14);

119. 2000

     Pub. L. 106–501 § 306(5) · 114 Stat. 2226

     1. Redesignated · 42 U.S.C. § 3027(a)(14)

        Pub. L. 106–501, § 306(5), (10), redesignated par. (20) as (14)

     2. Struck · 42 U.S.C. § 3027(a)(14)

        Pub. L. 106–501, § 306(5), (10), struck out former par. (14) which related to required provisions of the plan with respect to acquisition, alteration, or renovation of existing facilities to serve as multipurpose senior centers

     Source evidence

     Code amendment note
     Subsec. (a)(14). Pub. L. 106–501, § 306(5), (10), redesignated par. (20) as (14) and struck out former par. (14) which related to required provisions of the plan with respect to acquisition, alteration, or renovation of existing facilities to serve as multipurpose senior centers.

     Enacted provision · exact public law section
     (5) by striking paragraphs (11), (12), (13), and (14);

120. 2000

     Pub. L. 106–501 § 306(12) · 114 Stat. 2226

     Redesignated · 42 U.S.C. § 3027(a)(15)

     Pub. L. 106–501, § 306(12), redesignated par. (23) as (15). Former par. (15) redesignated (11)

     Source evidence

     Code amendment note
     Subsec. (a)(15). Pub. L. 106–501, § 306(12), redesignated par. (23) as (15). Former par. (15) redesignated (11).

     Enacted provision · exact public law section
     (12) by redesignating paragraphs (23), (24), (25), and (26) as paragraphs (15), (16), (17), and (18), respectively;

121. 2000

     Pub. L. 106–501 § 306(12) · 114 Stat. 2226

     1. Redesignated · 42 U.S.C. § 3027(a)(16)

        Pub. L. 106–501, § 306(12), (13), redesignated par. (24) as (16)

     2. Redesignated · 42 U.S.C. § 3027(a)(16)

        Pub. L. 106–501, § 306(12), (13), inserted “and older individuals residing in rural areas” after “low-income minority individuals” in cls. (ii) and (iii). Former par. (16) redesignated (12)

     Source evidence

     Code amendment note
     Subsec. (a)(16). Pub. L. 106–501, § 306(12), (13), redesignated par. (24) as (16) and inserted “and older individuals residing in rural areas” after “low-income minority individuals” in cls. (ii) and (iii). Former par. (16) redesignated (12).

     Enacted provision · exact public law section
     (12) by redesignating paragraphs (23), (24), (25), and (26) as paragraphs (15), (16), (17), and (18), respectively;

122. 2000

     Pub. L. 106–501 § 306(14) · 114 Stat. 2226

     Inserted · 42 U.S.C. § 3027(a)(17)

     Pub. L. 106–501, § 306(14), inserted “to enhance services” before “and develop collaborative programs”

     Source evidence

     Code amendment note
     Subsec. (a)(17). Pub. L. 106–501, § 306(14), inserted “to enhance services” before “and develop collaborative programs”.

     Enacted provision · exact public law section
     (14) in paragraph (17) (as redesignated by paragraph (12)), by inserting “to enhance services” before “and develop collaborative programs”;

123. 2000

     Pub. L. 106–501 § 306(7) · 114 Stat. 2226

     1. Redesignated · 42 U.S.C. § 3027(a)(17)

        Pub. L. 106–501, § 306(7), (12), redesignated par. (25) as (17)

     2. Struck · 42 U.S.C. § 3027(a)(17)

        Pub. L. 106–501, § 306(7), (12), struck out former par. (17) which read as follows: “The plan shall provide assurances that each State will provide inservice training opportunities for personnel of agencies and programs funded under this chapter.”

     Target inherited from the preceding amendment note.

     Source evidence

     Code amendment note
     Pub. L. 106–501, § 306(7), (12), redesignated par. (25) as (17) and struck out former par. (17) which read as follows: “The plan shall provide assurances that each State will provide inservice training opportunities for personnel of agencies and programs funded under this chapter.”

     Enacted provision · exact public law section
     (7) by striking paragraph (17);

124. 2000

     Pub. L. 106–501 § 306(12) · 114 Stat. 2226

     1. Redesignated · 42 U.S.C. § 3027(a)(18)

        Pub. L. 106–501, § 306(12), (15), redesignated par. (26) as (18) and, in introductory provisions

     2. Redesignated · 42 U.S.C. § 3027(a)(18)

        Pub. L. 106–501, § 306(12), (15), substituted “section 3026(a)(7)” for “section 3026(a)(6)(I)”. Former par. (18) redesignated (13)

     Source evidence

     Code amendment note
     Subsec. (a)(18). Pub. L. 106–501, § 306(12), (15), redesignated par. (26) as (18) and, in introductory provisions, substituted “section 3026(a)(7)” for “section 3026(a)(6)(I)”. Former par. (18) redesignated (13).

     Enacted provision · exact public law section
     (12) by redesignating paragraphs (23), (24), (25), and (26) as paragraphs (15), (16), (17), and (18), respectively;

125. 2000

     Pub. L. 106–501 § 306(9) · 114 Stat. 2226

     1. Redesignated · 42 U.S.C. § 3027(a)(19)

        Pub. L. 106–501, § 306(9), (17), redesignated par. (30) as (19)

     2. Struck · 42 U.S.C. § 3027(a)(19)

        Pub. L. 106–501, § 306(9), (17), struck out former par. (19) which read as follows: “The plan shall provide, with respect to education and training services, assurances that area agencies on aging may enter into grants and contracts with providers of education and training services which can demonstrate the experience or capacity to provide such services (except that such contract authority shall be effective for any fiscal year only to such extent, or in such amounts, as are provided in appropriations Acts).”

     Source evidence

     Code amendment note
     Subsec. (a)(19). Pub. L. 106–501, § 306(9), (17), redesignated par. (30) as (19) and struck out former par. (19) which read as follows: “The plan shall provide, with respect to education and training services, assurances that area agencies on aging may enter into grants and contracts with providers of education and training services which can demonstrate the experience or capacity to provide such services (except that such contract authority shall be effective for any fiscal year only to such extent, or in such amounts, as are provided in appropriations Acts).”

     Enacted provision · exact public law section
     (9) by striking paragraph (19);

126. 2000

     Pub. L. 106–501 § 306(17) · 114 Stat. 2226

     Redesignated · 42 U.S.C. § 3027(a)(20)

     Pub. L. 106–501, § 306(17), redesignated par. (32) as (20). Former par. (20) redesignated (14)

     Source evidence

     Code amendment note
     Subsec. (a)(20). Pub. L. 106–501, § 306(17), redesignated par. (32) as (20). Former par. (20) redesignated (14).

     Enacted provision · exact public law section
     (17) by redesignating paragraphs (30) and (32) as paragraphs (19) and (20), respectively;

127. 2000

     Pub. L. 106–501 § 306(11) · 114 Stat. 2226

     1. Added · 42 U.S.C. § 3027(a)(21)

        Pub. L. 106–501, § 306(11), (18), added par. (21)

     2. Struck · 42 U.S.C. § 3027(a)(21)

        Pub. L. 106–501, § 306(11), (18), struck out former par. (21) which read as follows: “The plan shall provide assurances that the State agency, in carrying out the State Long-Term Care Ombudsman program under subsection (a)(12) of this section, will expend not less than the total amount expended by the agency in fiscal year 1991 in carrying out such a program under this subchapter.”

     Source evidence

     Code amendment note
     Subsec. (a)(21). Pub. L. 106–501, § 306(11), (18), added par. (21) and struck out former par. (21) which read as follows: “The plan shall provide assurances that the State agency, in carrying out the State Long-Term Care Ombudsman program under subsection (a)(12) of this section, will expend not less than the total amount expended by the agency in fiscal year 1991 in carrying out such a program under this subchapter.”

     Enacted provision · exact public law section
     (11) by striking paragraphs (21) and (22);

128. 2000

     Pub. L. 106–501 § 801(c)(4)(A) · 114 Stat. 2226

     Substituted · 42 U.S.C. § 3027(a)(22)

     Pub. L. 106–501, § 801(c)(4)(A), substituted “3026(a)(8)” for “3026(a)(20)”

     Source evidence

     Code amendment note
     Subsec. (a)(22). Pub. L. 106–501, § 801(c)(4)(A), substituted “3026(a)(8)” for “3026(a)(20)”.

     Enacted provision · exact public law section
     (A) in subsection (a), in paragraph (22) (as redesignated by section 305(19)), by striking “306(a)(20)” and inserting “306(a)(8)”; and

129. 2000

     Pub. L. 106–501 § 306(11) · 114 Stat. 2226

     1. Redesignated · 42 U.S.C. § 3027(a)(22)

        Pub. L. 106–501, § 306(11), (19), redesignated par. (36) as (22)

     2. Struck · 42 U.S.C. § 3027(a)(22)

        Pub. L. 106–501, § 306(11), (19), struck out former par. (22) which read as follows: “The plan shall specify a minimum percentage of the funds received by each area agency on aging for part B of this subchapter that will be expended, in the absence of the waiver granted under section 3026(b)(1) of this title, by such area agency on aging to provide each of the categories of services specified in section 3026(a)(2) of this title.”

     Target inherited from the preceding amendment note.

     Source evidence

     Code amendment note
     Pub. L. 106–501, § 306(11), (19), redesignated par. (36) as (22) and struck out former par. (22) which read as follows: “The plan shall specify a minimum percentage of the funds received by each area agency on aging for part B of this subchapter that will be expended, in the absence of the waiver granted under section 3026(b)(1) of this title, by such area agency on aging to provide each of the categories of services specified in section 3026(a)(2) of this title.”

     Enacted provision · exact public law section
     (11) by striking paragraphs (21) and (22);

130. 2000

     Pub. L. 106–501 § 306(21) · 114 Stat. 2226

     Redesignated · 42 U.S.C. § 3027(a)(23)(25)

     Pub. L. 106–501, § 306(21), redesignated pars. (41), (42), and (44) as (23) to (25), respectively. Former pars. (23), (24), and (25) redesignated (15) to (17), respectively

     Source evidence

     Code amendment note
     Subsec. (a)(23) to (25). Pub. L. 106–501, § 306(21), redesignated pars. (41), (42), and (44) as (23) to (25), respectively. Former pars. (23), (24), and (25) redesignated (15) to (17), respectively.

     Enacted provision · exact public law section
     (21) by redesignating paragraphs (41), (42), and (44) as paragraphs (23), (24), and (25), respectively; and

131. 2000

     Pub. L. 106–501 § 306(22) · 114 Stat. 2226

     Redesignated · 42 U.S.C. § 3027(a)(26)

     Pub. L. 106–501, § 306(22), added par. (26). Former par. (26) redesignated (18)

     Source evidence

     Code amendment note
     Subsec. (a)(26). Pub. L. 106–501, § 306(22), added par. (26). Former par. (26) redesignated (18).

     Enacted provision · exact public law section
     (22) by adding at the end the following: “(26) The plan shall provide assurances that funds received under this title will not be used to pay any part of a cost (including an administrative cost) incurred by the State agency or an area agency on aging to carry out a contract or commercial relationship that is not carried out to implement this title.”.

132. 2000

     Pub. L. 106–501 § 306(16) · 114 Stat. 2226

     Struck · 42 U.S.C. § 3027(a)(27)(29)

     Pub. L. 106–501, § 306(16), struck out pars. (27) to (29) which read as follows:

     Source evidence

     Code amendment note
     Subsec. (a)(27) to (29). Pub. L. 106–501, § 306(16), struck out pars. (27) to (29) which read as follows:

     “(27) The plan shall provide assurances of consultation and coordination in planning and provision of in-home services under section 3030h of this title with State and local agencies and private nonprofit organizations which administer and provide services relating to health, social services, rehabilitation, and mental health services. “(28) The plan shall provide assurances that if the State receives funds appropriated under section 3023(e) of this title, the State agency and area agencies on aging will expend such funds to carry out part E of this subchapter. “(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.”

     Enacted provision · exact public law section
     (16) by striking paragraphs (27), (28), (29), and (31);

133. 2000

     Pub. L. 106–501 § 306(17) · 114 Stat. 2226

     Redesignated · 42 U.S.C. § 3027(a)(30)

     Pub. L. 106–501, § 306(17), redesignated par. (30) as (19)

     Source evidence

     Code amendment note
     Subsec. (a)(30). Pub. L. 106–501, § 306(17), redesignated par. (30) as (19).

     Enacted provision · exact public law section
     (17) by redesignating paragraphs (30) and (32) as paragraphs (19) and (20), respectively;

134. 2000

     Pub. L. 106–501 § 306(16) · 114 Stat. 2226

     Struck · 42 U.S.C. § 3027(a)(31)

     Pub. L. 106–501, § 306(16), struck out par. (31) which read as follows:

     Source evidence

     Code amendment note
     Subsec. (a)(31). Pub. L. 106–501, § 306(16), struck out par. (31) which read as follows:

     “(31)(A) If 50 percent or more of the area plans in the State provide for an area volunteer services coordinator, as described in section 3026(a)(12) of this title, the State plan shall provide for a State volunteer services coordinator, who shall— “(i) encourage area agencies on aging to provide for area volunteer services coordinators; “(ii) coordinate the volunteer services offered between the various area agencies on aging; “(iii) encourage, organize, and promote the use of older individuals as volunteers to the State; “(iv) provide technical assistance, which may include training, to area volunteer services coordinators; and “(v) promote the recognition of the contribution made by volunteers to the programs administered under the State plan. “(B) If fewer than 50 percent of the area plans in the State provide for an area volunteer services coordinator, the State plan may provide for the State volunteer services coordinator described in subparagraph (A).”

     Enacted provision · exact public law section
     (16) by striking paragraphs (27), (28), (29), and (31);

135. 2000

     Pub. L. 106–501 § 306(17) · 114 Stat. 2226

     Redesignated · 42 U.S.C. § 3027(a)(32)

     Pub. L. 106–501, § 306(17), redesignated par. (32) as (20)

     Source evidence

     Code amendment note
     Subsec. (a)(32). Pub. L. 106–501, § 306(17), redesignated par. (32) as (20).

     Enacted provision · exact public law section
     (17) by redesignating paragraphs (30) and (32) as paragraphs (19) and (20), respectively;

136. 2000

     Pub. L. 106–501 § 306(18) · 114 Stat. 2226

     Struck · 42 U.S.C. § 3027(a)(33)(35)

     Pub. L. 106–501, § 306(18), struck out pars. (33) to (35) which read as follows:

     Source evidence

     Code amendment note
     Subsec. (a)(33) to (35). Pub. L. 106–501, § 306(18), struck out pars. (33) to (35) which read as follows:

     “(33) The plan— “(A) shall include the statement and the demonstration required by paragraphs (2) and (4) of section 3025(d) of this title; and “(B) may not be approved unless the Assistant Secretary approves such statement and such demonstration. “(34) The plan shall provide an assurance that the State agency will coordinate programs under this subchapter and subchapter X of this chapter, if applicable. “(35) The plan shall— “(A) provide an assurance that the State agency will pursue activities to increase access by older individuals who are Native Americans to all aging programs and benefits provided by the agency, including programs and benefits under this subchapter, if applicable; and “(B) specify the ways in which the State agency intends to implement the activities.”

     Enacted provision · exact public law section
     (18) by striking paragraphs (33), (34), and (35) and inserting the following: The plan shall— “(A) provide an assurance that the State agency will coordinate programs under this title and programs under title VI, if applicable; and “(B) provide an assurance that the State agency will pursue activities to increase access by older individuals who are Native Americans to all aging programs and benefits provided by the agency, including programs and benefits provided under this title, if applicable, and specify the ways in which the State agency intends to implement the activities.”;

137. 2000

     Pub. L. 106–501 § 306(19) · 114 Stat. 2226

     Redesignated · 42 U.S.C. § 3027(a)(36)

     Pub. L. 106–501, § 306(19), redesignated par. (36) as (22)

     Source evidence

     Code amendment note
     Subsec. (a)(36). Pub. L. 106–501, § 306(19), redesignated par. (36) as (22).

     Enacted provision · exact public law section
     (19) by redesignating paragraph (36) as paragraph (22);

138. 2000

     Pub. L. 106–501 § 306(20) · 114 Stat. 2226

     Struck · 42 U.S.C. § 3027(a)(37)(40)

     Pub. L. 106–501, § 306(20), struck out pars. (37) to (40) which read as follows:

     Source evidence

     Code amendment note
     Subsec. (a)(37) to (40). Pub. L. 106–501, § 306(20), struck out pars. (37) to (40) which read as follows:

     “(37) The plan shall identify for each fiscal year, the actual and projected additional costs of providing services under this subchapter, including the cost of providing access to such services, to older individuals residing in rural areas in the State (in accordance with a standard definition of rural areas specified by the Assistant Secretary). “(38) The plan shall provide assurances that funds received under this subchapter will not be used to pay any part of a cost (including an administrative cost) incurred by the State or an area agency on aging to carry out a contract or commercial relationship that is not carried out to implement this subchapter. “(39) The plan shall provide assurances that preference in receiving services under this subchapter will not be given by the area agency on aging to particular older individuals as a result of a contract or commercial relationship that is not carried out to implement this subchapter. “(40) The plan shall provide assurances that if the State receives funds appropriated under section 3023(g) of this title the State agency and area agencies on aging will expend such funds to carry out part G of this subchapter.”

     Enacted provision · exact public law section
     (20) by striking paragraphs (37), (38), (39), (40), and (43);

139. 2000

     Pub. L. 106–501 § 306(21) · 114 Stat. 2226

     Redesignated · 42 U.S.C. § 3027(a)(41); 42 U.S.C. § 3027(a)(42)

     Pub. L. 106–501, § 306(21), redesignated pars. (41) and (42) as (23) and (24), respectively

     Source evidence

     Code amendment note
     Subsec. (a)(41), (42). Pub. L. 106–501, § 306(21), redesignated pars. (41) and (42) as (23) and (24), respectively.

     Enacted provision · exact public law section
     (21) by redesignating paragraphs (41), (42), and (44) as paragraphs (23), (24), and (25), respectively; and

140. 2000

     Pub. L. 106–501 § 306(20) · 114 Stat. 2226

     Struck · 42 U.S.C. § 3027(a)(43)

     Pub. L. 106–501, § 306(20), struck out par. (43) which read as follows: “The plan shall provide that the State agency shall issue guidelines applicable to grievance procedures required by section 3026(a)(6)(P) of this title.”

     Source evidence

     Code amendment note
     Subsec. (a)(43). Pub. L. 106–501, § 306(20), struck out par. (43) which read as follows: “The plan shall provide that the State agency shall issue guidelines applicable to grievance procedures required by section 3026(a)(6)(P) of this title.”

     Enacted provision · exact public law section
     (20) by striking paragraphs (37), (38), (39), (40), and (43);

141. 2000

     Pub. L. 106–501 § 306(21) · 114 Stat. 2226

     Redesignated · 42 U.S.C. § 3027(a)(44)

     Pub. L. 106–501, § 306(21), redesignated par. (44) as (25)

     Source evidence

     Code amendment note
     Subsec. (a)(44). Pub. L. 106–501, § 306(21), redesignated par. (44) as (25).

     Enacted provision · exact public law section
     (21) by redesignating paragraphs (41), (42), and (44) as paragraphs (23), (24), and (25), respectively; and

142. 2000

     Pub. L. 106–501 § 801(c)(4)(B) · 114 Stat. 2226

     1. Struck · 42 U.S.C. § 3027(f)

        Pub. L. 106–501, § 801(c)(4)(B), struck out par. (1) designation before “Neither a State”

     2. Struck · 42 U.S.C. § 3027(f)

        Pub. L. 106–501, § 801(c)(4)(B), struck out par. (2) which read as follows: “Information disclosed under section 3026(a)(14)(B)(i) of this title or subsection (a)(7)(C)(ii)(I) of this section may be disclosed to the public by the State agency or the State only if such information could be disclosed under section 552 of title 5 by an agency of the United States.”

     Source evidence

     Code amendment note
     Subsec. (f). Pub. L. 106–501, § 801(c)(4)(B), struck out par. (1) designation before “Neither a State” and struck out par. (2) which read as follows: “Information disclosed under section 3026(a)(14)(B)(i) of this title or subsection (a)(7)(C)(ii)(I) of this section may be disclosed to the public by the State agency or the State only if such information could be disclosed under section 552 of title 5 by an agency of the United States.”

     Enacted provision · exact public law section
     (B) in subsection (f)— (i) in paragraph (1), by striking “(f)(1)” and inserting “(f)”; and (ii) by striking paragraph (2).

143. 2006

     Pub. L. 109–365 § 307(1) · 120 Stat. 2544

     Substituted · 42 U.S.C. § 3027(a)(2)(C)

     Pub. L. 109–365, § 307(1), substituted “section 3026(c)” for “section 3026(b)”

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

     Source evidence

     Code amendment note
     Subsec. (a)(2)(C). Pub. L. 109–365, § 307(1), substituted “section 3026(c)” for “section 3026(b)”.

144. 2006

     Pub. L. 109–365 § 307(2) · 120 Stat. 2544

     Substituted · 42 U.S.C. § 3027(a)(4)

     Pub. L. 109–365, § 307(2), substituted “(with particular attention to low-income minority older individuals, older individuals with limited English proficiency, and older individuals residing in rural areas)” for “, with particular attention to low-income minority individuals and older individuals residing in rural areas”

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

     Source evidence

     Code amendment note
     Subsec. (a)(4). Pub. L. 109–365, § 307(2), substituted “(with particular attention to low-income minority older individuals, older individuals with limited English proficiency, and older individuals residing in rural areas)” for “, with particular attention to low-income minority individuals and older individuals residing in rural areas”.

145. 2006

     Pub. L. 109–365 § 307(3) · 120 Stat. 2544

     1. Added · 42 U.S.C. § 3027(a)(14); 42 U.S.C. § 3027(a)(15)

        Pub. L. 109–365, § 307(3)–(5), added par. (14)

     2. Redesignated · 42 U.S.C. § 3027(a)(14); 42 U.S.C. § 3027(a)(15)

        Pub. L. 109–365, § 307(3)–(5), redesignated former par. (14) as (15)

     3. Struck · 42 U.S.C. § 3027(a)(14); 42 U.S.C. § 3027(a)(15)

        Pub. L. 109–365, § 307(3)–(5), struck out former par. (15) which read as follows: “The plan shall, with respect to the fiscal year preceding the fiscal year for which such plan is prepared—

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

     Source evidence

     Code amendment note
     Subsec. (a)(14), (15). Pub. L. 109–365, § 307(3)–(5), added par. (14), redesignated former par. (14) as (15), and struck out former par. (15) which read as follows: “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.”

146. 2006

     Pub. L. 109–365 § 307(6)(A) · 120 Stat. 2544

     Substituted · 42 U.S.C. § 3027(a)(16)(A)(ii); 42 U.S.C. § 3027(a)(16)(A)(iii)

     Pub. L. 109–365, § 307(6)(A), substituted “(with particular attention to low-income older individuals, including low-income minority older individuals, older individuals with limited English proficiency, and older individuals residing in rural areas)” for “(with particular attention to low-income minority individuals and older individuals residing in rural areas)”

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

     Source evidence

     Code amendment note
     Subsec. (a)(16)(A)(ii), (iii). Pub. L. 109–365, § 307(6)(A), substituted “(with particular attention to low-income older individuals, including low-income minority older individuals, older individuals with limited English proficiency, and older individuals residing in rural areas)” for “(with particular attention to low-income minority individuals and older individuals residing in rural areas)”.

147. 2006

     Pub. L. 109–365 § 307(6)(B) · 120 Stat. 2544

     Substituted · 42 U.S.C. § 3027(a)(16)(A)(vi)

     Pub. L. 109–365, § 307(6)(B), substituted “and related” for “or related”

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

     Source evidence

     Code amendment note
     Subsec. (a)(16)(A)(vi). Pub. L. 109–365, § 307(6)(B), substituted “and related” for “or related”.

148. 2006

     Pub. L. 109–365 § 307(7) · 120 Stat. 2544

     Added · 42 U.S.C. § 3027(a)(27)(30)

     Pub. L. 109–365, § 307(7), added pars. (27) to (30)

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

     Source evidence

     Code amendment note
     Subsec. (a)(27) to (30). Pub. L. 109–365, § 307(7), added pars. (27) to (30).

149. 2016

     Older Americans Act Reauthorization Act of 2016

     Pub. L. 114–144 § 4(e) · 130 Stat. 334

     Substituted · 42 U.S.C. § 3027(a)(2)(A)

     Pub. L. 114–144 substituted “3012(a)(26)” for “3012(a)(29)”

     Source evidence

     Code amendment note
     Subsec. (a)(2)(A). Pub. L. 114–144 substituted “3012(a)(26)” for “3012(a)(29)”.

     Enacted provision · exact public law section
     (e) State Plans.— Section 307(a)(2)(A) of the Older Americans Act of 1965 (42 U.S.C. 3027(a)(2)(A)) is amended by striking “202(a)(29)” and inserting “202(a)(26)”.

150. 2020

     Supporting Older Americans Act of 2020

     Pub. L. 116–131 § 206(2) · 131 Stat. 240

     Amended · 42 U.S.C. § 3027(a)(9)

     Pub. L. 116–131, § 206(2), amended par. (9) generally. Prior to amendment, text read as follows: “The plan shall provide assurances that the State agency will carry out, through the Office of the State Long-Term Care Ombudsman, a State Long-Term Care Ombudsman program in accordance with section 3058g of this title and this subchapter, and will expend for such purpose an amount that is not less than an amount expended by the State agency with funds received under this subchapter for fiscal year 2000, and an amount that is not less than the amount expended by the State agency with funds received under subchapter XI for fiscal year 2000.”

     Source evidence

     Code amendment note
     Subsec. (a)(9). Pub. L. 116–131, § 206(2), amended par. (9) generally. Prior to amendment, text read as follows: “The plan shall provide assurances that the State agency will carry out, through the Office of the State Long-Term Care Ombudsman, a State Long-Term Care Ombudsman program in accordance with section 3058g of this title and this subchapter, and will expend for such purpose an amount that is not less than an amount expended by the State agency with funds received under this subchapter for fiscal year 2000, and an amount that is not less than the amount expended by the State agency with funds received under subchapter XI for fiscal year 2000.”

     Enacted provision · exact public law section
     (2) by amending section 307(a)(9) (42 U.S.C. 3027(a)(9)) to read as follows: “(9) The plan shall provide assurances that— “(A) the State agency will carry out, through the Office of the State Long-Term Care Ombudsman, a State Long-Term Care Ombudsman program in accordance with section 712 and this title, and will expend for such purpose an amount that is not less than the amount expended by the State agency with funds received under this title for fiscal year 2019, and an amount that is not less than the amount expended by the State agency with funds received under title VII for fiscal year 2019; and “(B) funds made available to the State agency pursuant to section 712 shall be used to supplement and not supplant other Federal, State, and local funds expended to support activities described in section 712.” .

151. 2020

     Supporting Older Americans Act of 2020

     Pub. L. 116–131 § 118(c) · 131 Stat. 240

     1. Redesignated · 42 U.S.C. § 3027(a)(26)

        Pub. L. 116–131, § 118(c), redesignated former par. (27) as (26)

     2. Struck · 42 U.S.C. § 3027(a)(26)

        Pub. L. 116–131, § 118(c), struck out former par. (26), which read as follows: “The plan shall provide assurances that funds received under this subchapter will not be used to pay any part of a cost (including an administrative cost) incurred by the State agency or an area agency on aging to carry out a contract or commercial relationship that is not carried out to implement this subchapter.”

     Source evidence

     Code amendment note
     Subsec. (a)(26). Pub. L. 116–131, § 118(c), redesignated former par. (27) as (26) and struck out former par. (26), which read as follows: “The plan shall provide assurances that funds received under this subchapter will not be used to pay any part of a cost (including an administrative cost) incurred by the State agency or an area agency on aging to carry out a contract or commercial relationship that is not carried out to implement this subchapter.”

     Enacted provision · exact public law section
     (c) Conforming Amendment.— Section 307(a) (42 U.S.C. 3027(a)) is amended— (1) by striking paragraph (26); and (2) by redesignating paragraphs (27) through (30) as paragraphs (26) through (29).

152. 2020

     Supporting Older Americans Act of 2020

     Pub. L. 116–131 § 118(c) · 131 Stat. 240

     Redesignated · 42 U.S.C. § 3027(a)(27)(29)

     Pub. L. 116–131, § 118(c), redesignated former pars. (28) to (30) as (27) to (29), respectively. Former par. (27) redesignated (26)

     Source evidence

     Code amendment note
     Subsec. (a)(27) to (29). Pub. L. 116–131, § 118(c), redesignated former pars. (28) to (30) as (27) to (29), respectively. Former par. (27) redesignated (26).

     Enacted provision · exact public law section
     (c) Conforming Amendment.— Section 307(a) (42 U.S.C. 3027(a)) is amended— (1) by striking paragraph (26); and (2) by redesignating paragraphs (27) through (30) as paragraphs (26) through (29).

153. 2020

     Supporting Older Americans Act of 2020

     Pub. L. 116–131 § 207(b) · 131 Stat. 240

     Redesignated · 42 U.S.C. § 3027(a)(30)

     Pub. L. 116–131, § 207(b), added par. (30). Former par. (30) redesignated (29)

     Source evidence

     Code amendment note
     Subsec. (a)(30). Pub. L. 116–131, § 207(b), added par. (30). Former par. (30) redesignated (29).

     Enacted provision · exact public law section
     (b) State Plans.— Section 307(a) (42 U.S.C. 3027(a)), as amended by section 118(c), is further amended by adding at the end the following: “(30) The plan shall contain an assurance that the State shall prepare and submit to the Assistant Secretary annual reports that describe— “(A) data collected to determine the services that are needed by older individuals whose needs were the focus of all centers funded under title IV in fiscal year 2019; “(B) data collected to determine the effectiveness of the programs, policies, and services provided by area agencies on aging in assisting such individuals; and “(C) outreach efforts and other activities carried out to satisfy the assurances described in paragraphs (18) and (19) of section 306(a).” .

189 of 201 references resolved to an enrolled provision · 4 partial · 8 unresolved