§ 3028. Cost of administration of 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 § 308 · 79 Stat. 218

   Enacted · 42 U.S.C. § 3028

   Pub. L. 89–73, title III, § 308, as added Pub. L. 95–478, title I, § 103(b), Oct. 18, 1978, 92 Stat. 1530

   Source evidence

   Code source credit
   Pub. L. 89–73, title III, § 308, as added Pub. L. 95–478, title I, § 103(b), Oct. 18, 1978, 92 Stat. 1530

2. 1981

   Older Americans Act Amendments of 1981

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

   Substituted · 42 U.S.C. § 3028(a)(1)

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

   Source evidence

   Code amendment note
   Subsec. (a)(1). 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”.

3. 1981

   Older Americans Act Amendments of 1981

   Pub. L. 97–115 § 8 · 95 Stat. 1595

   Added · 42 U.S.C. § 3028(b)(6)

   Pub. L. 97–115, § 8, added par. (6)

   Source evidence

   Code amendment note
   Subsec. (b)(6). Pub. L. 97–115, § 8, added par. (6).

   Enacted provision · exact public law section
   Sec. 8. administration of state plans Section 308(b) is amended by adding at the end thereof the following new paragraph: “(6) Notwithstanding any other provisions of this title, with respect to funds received under subsection (a) and subsection (b) of section Ante, p. 1597. 303, a State may elect to transfer not more than 20 per centum of the funds appropriated for any fiscal year between programs under part 42 USC 3030d, 3030e. Notification. B and part C of this title, for use as the State considers appropriate. The State shall notify the Commissioner of any such election.”.

4. 1984

   Older Americans Act Amendments of 1984

   Pub. L. 98–459 § 308(a)(1) · 98 Stat. 1767

   Substituted · 42 U.S.C. § 3028(a)(1)

   Pub. L. 98–459, § 308(a)(1), substituted “Amounts available to States under subsection (b)(1)” for “Amounts appropriated under section 3023 of this title”

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 98–459, § 308(a)(1), substituted “Amounts available to States under subsection (b)(1)” for “Amounts appropriated under section 3023 of this title”.

   Enacted provision · exact public law section
   (1) in paragraph (1) by striking out “Amounts appropriated under section 303” and inserting in lieu thereof “Amounts available to States under subsection (b)(1)”, and

5. 1984

   Older Americans Act Amendments of 1984

   Pub. L. 98–459 § 308(a)(2) · 98 Stat. 1767

   Substituted · 42 U.S.C. § 3028(a)(2)

   Pub. L. 98–459, § 308(a)(2), substituted “available to a State under subsection (b)(1)” for “received by a State under this section”

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 98–459, § 308(a)(2), substituted “available to a State under subsection (b)(1)” for “received by a State under this section”.

   Enacted provision · exact public law section
   (2) in paragraph (2) by striking out “received by a State under this section” and inserting in lieu thereof “available to a State under subsection (b)(1)”.

6. 1984

   Older Americans Act Amendments of 1984

   Pub. L. 98–459 § 308(b)(6) · 98 Stat. 1767

   Struck · 42 U.S.C. § 3028(b)(1)

   Pub. L. 98–459, § 308(b)(6), added par. (1). Former par. (1), which contained provisions, with respect to allotments to States for State planning, coordination, evaluation, and administration of State plans, that each State had to be allotted funds on the basis of its population aged 60 or older as compared to all States, and specifying minimum amounts for each State of no less than one-half of 1 percent of appropriations or $300,000, whichever was greater, and for territories of no less than one-fourth of 1 percent of appropriations or $75,000, whichever was greater, was struck out

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 98–459, § 308(b)(6), added par. (1). Former par. (1), which contained provisions, with respect to allotments to States for State planning, coordination, evaluation, and administration of State plans, that each State had to be allotted funds on the basis of its population aged 60 or older as compared to all States, and specifying minimum amounts for each State of no less than one-half of 1 percent of appropriations or $300,000, whichever was greater, and for territories of no less than one-fourth of 1 percent of appropriations or $75,000, whichever was greater, was struck out.

   Enacted provision · exact public law section
   (6) by striking out paragraph (1) and inserting in lieu thereof the following new paragraphs: “(1) (A) If for any fiscal year the aggregate amount appropriated under section 303 does not exceed $800,000,000, then— “(i) except as provided in clause (ii), the greater of 5 percent of the allotment to a State under section 304(a)(1) or $300,000; and “(ii) in the case of Guam, American Samoa, the Virgin Is-lands, the Trust Territory of the Pacific Islands, and the Commonwealth of the Northern Mariana Islands, the greater of 5 percent of such allotment or $75,000; shall be available to such State to carry out the purposes of this section. “(2) (A) If for any fiscal year the aggregate amount appropriated under section 303 exceeds $800,000,000, then— “(i) except as provided in clause (ii), the greater of 5 percent of the allotment to a State under section 304(a)(1) or $500,000; and “(ii) in the case of Guam, American Samoa, the Virgin Is-lands, the Trust Territory of the Pacific Islands, and the Commonwealth of the Northern Mariana Islands, the greater of 5 percent of such allotment or $100,000; shall be available to such State to carry out the purposes of this section.”.

7. 1984

   Older Americans Act Amendments of 1984

   Pub. L. 98–459 § 308(b)(6) · 98 Stat. 1767

   Redesignated · 42 U.S.C. § 3028(b)(2)

   Pub. L. 98–459, § 308(b)(6), added par. (2). Former par. (2) redesignated (3)

   Source evidence

   Code amendment note
   Subsec. (b)(2). Pub. L. 98–459, § 308(b)(6), added par. (2). Former par. (2) redesignated (3).

   Enacted provision · exact public law section
   (6) by striking out paragraph (1) and inserting in lieu thereof the following new paragraphs: “(1) (A) If for any fiscal year the aggregate amount appropriated under section 303 does not exceed $800,000,000, then— “(i) except as provided in clause (ii), the greater of 5 percent of the allotment to a State under section 304(a)(1) or $300,000; and “(ii) in the case of Guam, American Samoa, the Virgin Is-lands, the Trust Territory of the Pacific Islands, and the Commonwealth of the Northern Mariana Islands, the greater of 5 percent of such allotment or $75,000; shall be available to such State to carry out the purposes of this section. “(2) (A) If for any fiscal year the aggregate amount appropriated under section 303 exceeds $800,000,000, then— “(i) except as provided in clause (ii), the greater of 5 percent of the allotment to a State under section 304(a)(1) or $500,000; and “(ii) in the case of Guam, American Samoa, the Virgin Is-lands, the Trust Territory of the Pacific Islands, and the Commonwealth of the Northern Mariana Islands, the greater of 5 percent of such allotment or $100,000; shall be available to such State to carry out the purposes of this section.”.

8. 1984

   Older Americans Act Amendments of 1984

   Pub. L. 98–459 § 308(b)(4) · 98 Stat. 1767

   1. Redesignated · 42 U.S.C. § 3028(b)(3)

      Pub. L. 98–459, § 308(b)(4), (5), redesignated former par. (2) as (3)

   2. Struck · 42 U.S.C. § 3028(b)(3)

      Pub. L. 98–459, § 308(b)(4), (5), struck out former par. (3) which had provided that each State would be entitled to an allotment under this section for any fiscal year in an amount which is not less than the amount of the allotment to which such State was entitled under former par. (1) for the fiscal year ending June 30, 1975

   Source evidence

   Code amendment note
   Subsec. (b)(3). Pub. L. 98–459, § 308(b)(4), (5), redesignated former par. (2) as (3) and struck out former par. (3) which had provided that each State would be entitled to an allotment under this section for any fiscal year in an amount which is not less than the amount of the allotment to which such State was entitled under former par. (1) for the fiscal year ending June 30, 1975.

   Enacted provision · exact public law section
   (4) by striking out paragraphs (3) and (4),

9. 1984

   Older Americans Act Amendments of 1984

   Pub. L. 98–459 § 308(b)(1) · 98 Stat. 1767

   Substituted · 42 U.S.C. § 3028(b)(3)(A)

   Pub. L. 98–459, § 308(b)(1), substituted “If the aggregate amount appropriated under section 3023 of this title for a fiscal year does not exceed $800,000,000, then any” for “Any”

   Source evidence

   Code amendment note
   Subsec. (b)(3)(A). Pub. L. 98–459, § 308(b)(1), substituted “If the aggregate amount appropriated under section 3023 of this title for a fiscal year does not exceed $800,000,000, then any” for “Any”.

   Enacted provision · exact public law section
   (1) in the first sentence of paragraph (2)(A) by striking out “Any” and inserting in lieu thereof “If the aggregate amount appropriated under section 303 for a fiscal year does not exceed $800,000,000, then any”,

10. 1984

    Older Americans Act Amendments of 1984

    Pub. L. 98–459 § 308(b)(2) · 98 Stat. 1767

    1. Redesignated · 42 U.S.C. § 3028(b)(4)

       Pub. L. 98–459, § 308(b)(2), (4), (5), redesignated par. (5) as (4)

    2. Substituted · 42 U.S.C. § 3028(b)(4)

       Pub. L. 98–459, § 308(b)(2), (4), (5), substituted “unless the Commissioner determines” for “unless he determines”

    3. Struck · 42 U.S.C. § 3028(b)(4)

       Pub. L. 98–459, § 308(b)(2), (4), (5), struck out former par. (4) which had provided that the number of individuals aged 60 or older in any State and in all States had to be determined by the Commissioner on the basis of the most recent satisfactory data available to him

    Source evidence

    Code amendment note
    Subsec. (b)(4). Pub. L. 98–459, § 308(b)(2), (4), (5), redesignated par. (5) as (4), and substituted “unless the Commissioner determines” for “unless he determines”, and struck out former par. (4) which had provided that the number of individuals aged 60 or older in any State and in all States had to be determined by the Commissioner on the basis of the most recent satisfactory data available to him.

    Enacted provision · exact public law section
    (2) in paragraph (5) by striking out “he” and inserting in lieu thereof “the Commissioner”,

11. 1984

    Older Americans Act Amendments of 1984

    Pub. L. 98–459 § 308(b)(3) · 98 Stat. 1767

    1. Redesignated · 42 U.S.C. § 3028(b)(5); 42 U.S.C. § 3028(b)(6)

       Pub. L. 98–459, § 308(b)(3), (5), redesignated par. (6) as (5)

    2. Inserted · 42 U.S.C. § 3028(b)(5); 42 U.S.C. § 3028(b)(6)

       Pub. L. 98–459, § 308(b)(3), (5), inserted “(A)” after paragraph designation and “and except as provided in subparagraph (B)”

    3. Redesignated · 42 U.S.C. § 3028(b)(5); 42 U.S.C. § 3028(b)(6)

       Pub. L. 98–459, § 308(b)(3), (5), added subpar. (B). Former par. (5) redesignated (4)

    Source evidence

    Code amendment note
    Subsec. (b)(5), (6). Pub. L. 98–459, § 308(b)(3), (5), redesignated par. (6) as (5), inserted “(A)” after paragraph designation and “and except as provided in subparagraph (B)”, and added subpar. (B). Former par. (5) redesignated (4).

    Enacted provision · exact public law section
    (3) in paragraph (6)— (A) by inserting “(A)” after “(6)”, (B) by inserting “and except as provided in subparagraph (B)” after “provisions of this title”; and (C) by adding at the end thereof the following new subparagraph: “(B) Of the funds received under section 303, a State may elect to transfer under subparagraph (A)— “(i) not more than 27 percent of the funds appropriated for fiscal year 1985; “(ii) not more than 29 percent of the funds appropriated for fiscal year 1986; and “(iii) not more than 30 percent of the funds appropriated for fiscal year 1987.”,

12. 1987

    Older Americans Act Amendments of 1987

    Pub. L. 100–175 § 182 · 101 Stat. 926

    Redesignated · 42 U.S.C. § 3028(b)(1)

    Pub. L. 100–175, § 182(l)(1), (2), struck designation “(A)” after “(1)” and redesignated former cls. (i) and (ii) as subpars. (A) and (B), respectively

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 100–175, § 182(l)(1), (2), struck designation “(A)” after “(1)” and redesignated former cls. (i) and (ii) as subpars. (A) and (B), respectively.

    Enacted provision · exact public law section
    SEC. 182. TECHNICAL AMENDMENTS. (a) Section 102(1) of the Older Americans Act of 1965 (42 U.S.C. 8002(1)) is amended by striking “other than for purposes of title V” and inserting “except that for purposes of title V such term means the Secretary of Labor”. (b) (1) Section 102 of the Older Americans Act of 1965 (42 U.S.C. 8002) is amended— (A) in paragraph (3)— (i) by striking “includes” and inserting “means any of the several States,”, and (ii) by striking “Puerto Rico” and inserting “the Commonwealth of Puerto Rico”, and (B) by adding at the end the following: “(8) The term ‘Trust Territory of the Pacific Islands’ includes the Federated States of Micronesia. the Republic of the Marshall Islands, and the Republic of Palau.”. (2) Section 302 of the Older Americans Act of 1965 (42 U.S.C. 3022), as amended by sections 136(a) and 144(a), is amended— (A) by striking paragraph (6), and (B) by redesignating paragraphs (7) through (20) as paragraphs (6) through (19), respectively. (3) Section 506(a)(4)(A) of the Older Americans Act of 1965 (42 U.S.C. 3056d(a)(4)(A)) is amended by striking “Puerto Rico” and inserting “the Commonwealth of Puerto Rico”. (4) Section 507 of the Older Americans Act of 1965 (42 U.S.C. 8056e), wi amended by section 164(b), is amended— (A) by striking paragraph (1), and (B) by redesignating paragraphs (2), (3), (4), and (5) as paragraphs (1), (2), (3), and (4), respectively. (c) Section 201(a) of the Older Americans Act of 1965 (42 U.S.C. 3011(a)) is amended by striking “his functions” and inserting “the functions of the Commissioner”. (d) Section 204(d)(8) of the Older Americans Act of 1965 (42 U.S.C. 3015(d)(3)) is amended by inserting “to” after “Secretary,”. (e) (1) Section 302 of the Older Americans Act of 1965 (42 U.S.C. 3022), as amended by subsection (b)(2) and sections 136(a) and 144(a), is amended by adding at the end the following: “(20) The term ‘greatest economic need’ means the need resulting from an income level at or below the poverty levels established by the Office of Management and Budget. “(21) The term ‘greatest social need’ means the need caused by noneconomic factors which include physical and mental disabilities, language barriers, and cultural, social, or geo-graphical isolation including that caused by racial or ethnic status which restricts an individual’s ability to perform normal daily tasks or which threatens such individual’s capacity to live independently.”. (2) Section 305(d) of the Older Americans Act of 1965 (42 U.S.C. 3025(d)) is amended— (A) by striking “(d)(1)” and inserting “(d)”, and (B) by striking paragraph (2). (3) Section 306(a) of the Older Americans Act of 1965 (42 U.S.C. 3026(a)) is amended by striking the last sentence. (f) Section 304(d)(1) of the Older Americans Act of 1965 (42 U.S.C. 3024(d)(1)) is amended in the matter preceding subparagraph (A) by inserting a comma after “section 308(b)”. (g) Section 305(a)(1)(E) of the Older Americans Act of 1965 (42 U.S.C. 3025(a)(1)(E)) is amended by striking “legal services” and inserting “legal assistance”. (h) Section 305(a)(2)(C) of the Older Americans Act of 1965 (42 U.S.C. 3025(a)(2)(C)) is amended by inserting “in accordance with subsection (d)” before the semicolon at the end. (i) Section 306(a)(6)(G) of the Act (42 U.S.C. 3026(a)(6)(G)), as amended by section 137(b), is amended by striking “and” at the end. (j) Section 306(a)(2)(B) of the Older Americans Act of 1965 (42 U.S.C. 3026(a)(2)(B)) is amended by striking “other neurological and organic brain disorders of the Alzheimer’s type” and inserting “related disorders with neurological and organic brain dysfunction”. (k) Section 307(a) of the Older Americans Act of 1965 (42 U.S.C. 3027(a)) is amended— (1) by striking “Each such plan shall—” andinserting “Each such plan shall comply with all of the following requirements:”, (2) in paragraph (1)— (A) by inserting “The plan shall” after “(1)”, and (B) by striking the semicolon at the end and inserting a period, (3) in paragraph (2)— (A) by inserting “The plan shall” after “(2)”, and (B) by striking the semicolon at the end and inserting a period, (4) in paragraph (3)— (A) in subparagraph (A) by inserting “The plan shall” after “(3)(A)”, and (B) in subparagraph (B)— (i) by inserting “The plan shall” after “(B)”, and (ii) by striking the semicolon at the end and inserting a period, (5) in paragraph (4)— (A) by inserting “The plan shall” after “(4)”, and (B) by striking the semicolon at the end and inserting a period, (6) in paragraph (5)— (A) by inserting “The plan shall” after “(5)”, and (B) by striking the semicolon at the end and inserting a period, (7) in paragraph (6)— (A) by inserting “The plan shall” after “(6)”, and (B) by striking the semicolon at the end and inserting a period, (8) in paragraph (7)— (A) by inserting “The plan shall” after “(7)”, and (B) by striking the semicolon at the end and inserting a period, (9) in paragraph (8)— (A) by inserting “The plan shall” after “(8)”, and (B) by striking the semicolon at the end and inserting a period, (10) in paragraph (9)— (A) by inserting “The plan shall” after “(9)”, and (B) by striking the semicolon at the end and inserting a period, (11) in paragraph (10)— (A) by inserting “The plan shall” after “(10)”, and (B) by striking the semicolon at the end and inserting a period, (12) in paragraph (11)— (A) by inserting “The plan shall” after “(11)”, and (B) by striking the semicolon at the end and inserting a period, (13) in paragraph (13)— (A) by inserting “The plan shall” after “(13)”, and (B) in subparagraph (D by striking the semicolon at the end and inserting a period, (14) in paragraph (14)— (A) by inserting “The plan shall” after “(14)”, and (B) in subparagraph (E) by striking the semicolon at the end and inserting a period, (15) in paragraph (15)— (A) by inserting “The plan shall” after “(15)”, and (B) in subparagraph (D) by striking the semicolon and inserting a period, (16) in paragraph (16)— (A) by inserting “The plan shall” after “(16)”, and (B) in subparagraph (C) by striking the semicolon at the end and inserting a period, (17) in paragraph (17)— (A) by inserting “The plan shall” after “(17)”, and (B) by striking the semicolon at the end and inserting a period, (18) in paragraph (18)— (A) by inserting “The plan shall” after “(18)”, and (B) by striking the semicolon at the end and inserting a period, (19) in paragraph (19)— (A) by inserting “The plan shall” after “(19)”, and (B) by striking the semicolon at the end and inserting a period, and (20) in paragraph (20)— (A) by inserting “The plan shall” after “(20)”, and (B) in subparagraph (B)(ii) by striking “; and” at the end and inserting a period. (l) Section 308(b) of the Older Americans Act of 1965 (42 U.S.C. 3028(b)) is amended— (1) by striking “(b)(1)(A)” and inserting “(b)(1)”, (2) in paragraph (1)— (A) by striking “(i)” andinserting “(A)”, and (B) by striking “(ii)” the second place it appears and inserting “(B)”, (3) in paragraph (2)— (A) by striking “(2)(A)” and inserting “(2)”, (B) by striking “(i)” and inserting “(A)”, and (C) by striking “(ii)” the second place it appears and inserting “(B)”, (4) in paragraph (3)(C) by striking “he” and inserting “the Commissioner”, (5) in subparagraphs (A) and (B) of paragraph (5) by striking “appropriated” each place it appears and inserting “allotted”, and (6) in paragraph (5)(B) beginning with the dash strike out all through the period and insert: “not more than 30 percent of the funds allotted for any fiscal year.”. (m) Section 321(a)(10) of the Older Americans Act of 1965 (42 U.S.C. 3030d(a)(10)) is amended by inserting “for” after “advocate”. (n) Section 337 of the Older Americans Act of 1965 (42 U.S.C. 3030g) is amended by striking “Association of Area Agencies on Aging” and inserting “National Association of Area Agencies on Aging”. (o) Section 422(b)(1) of the Older Americans Act of 1965 (42 U.S.C. 3035a(b)(1)) is amended by striking “Alzheimers’ disease and other organic and neurological brain disorders of the Alzheimers’ type” and inserting “Alzheimer’s disease and related disorders with neurological and organic brain dysfunction”. (p) Section 507(1) of the Older Americans Act of 1965 (42 U.S.C. 3056e(2)), as amended by subsection (b)(4), is amended by striking “the Bureau of Labor Statistics” and inserting “the Office of Management and Budget”.

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

13. 1987

    Older Americans Act Amendments of 1987

    Pub. L. 100–175 § 182 · 101 Stat. 926

    Redesignated · 42 U.S.C. § 3028(b)(2)

    Pub. L. 100–175, § 182(l)(3), struck designation “(A)” after “(1)” and redesignated former cls. (i) and (ii) as subpars. (A) and (B), respectively

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 100–175, § 182(l)(3), struck designation “(A)” after “(1)” and redesignated former cls. (i) and (ii) as subpars. (A) and (B), respectively.

    Enacted provision · exact public law section
    SEC. 182. TECHNICAL AMENDMENTS. (a) Section 102(1) of the Older Americans Act of 1965 (42 U.S.C. 8002(1)) is amended by striking “other than for purposes of title V” and inserting “except that for purposes of title V such term means the Secretary of Labor”. (b) (1) Section 102 of the Older Americans Act of 1965 (42 U.S.C. 8002) is amended— (A) in paragraph (3)— (i) by striking “includes” and inserting “means any of the several States,”, and (ii) by striking “Puerto Rico” and inserting “the Commonwealth of Puerto Rico”, and (B) by adding at the end the following: “(8) The term ‘Trust Territory of the Pacific Islands’ includes the Federated States of Micronesia. the Republic of the Marshall Islands, and the Republic of Palau.”. (2) Section 302 of the Older Americans Act of 1965 (42 U.S.C. 3022), as amended by sections 136(a) and 144(a), is amended— (A) by striking paragraph (6), and (B) by redesignating paragraphs (7) through (20) as paragraphs (6) through (19), respectively. (3) Section 506(a)(4)(A) of the Older Americans Act of 1965 (42 U.S.C. 3056d(a)(4)(A)) is amended by striking “Puerto Rico” and inserting “the Commonwealth of Puerto Rico”. (4) Section 507 of the Older Americans Act of 1965 (42 U.S.C. 8056e), wi amended by section 164(b), is amended— (A) by striking paragraph (1), and (B) by redesignating paragraphs (2), (3), (4), and (5) as paragraphs (1), (2), (3), and (4), respectively. (c) Section 201(a) of the Older Americans Act of 1965 (42 U.S.C. 3011(a)) is amended by striking “his functions” and inserting “the functions of the Commissioner”. (d) Section 204(d)(8) of the Older Americans Act of 1965 (42 U.S.C. 3015(d)(3)) is amended by inserting “to” after “Secretary,”. (e) (1) Section 302 of the Older Americans Act of 1965 (42 U.S.C. 3022), as amended by subsection (b)(2) and sections 136(a) and 144(a), is amended by adding at the end the following: “(20) The term ‘greatest economic need’ means the need resulting from an income level at or below the poverty levels established by the Office of Management and Budget. “(21) The term ‘greatest social need’ means the need caused by noneconomic factors which include physical and mental disabilities, language barriers, and cultural, social, or geo-graphical isolation including that caused by racial or ethnic status which restricts an individual’s ability to perform normal daily tasks or which threatens such individual’s capacity to live independently.”. (2) Section 305(d) of the Older Americans Act of 1965 (42 U.S.C. 3025(d)) is amended— (A) by striking “(d)(1)” and inserting “(d)”, and (B) by striking paragraph (2). (3) Section 306(a) of the Older Americans Act of 1965 (42 U.S.C. 3026(a)) is amended by striking the last sentence. (f) Section 304(d)(1) of the Older Americans Act of 1965 (42 U.S.C. 3024(d)(1)) is amended in the matter preceding subparagraph (A) by inserting a comma after “section 308(b)”. (g) Section 305(a)(1)(E) of the Older Americans Act of 1965 (42 U.S.C. 3025(a)(1)(E)) is amended by striking “legal services” and inserting “legal assistance”. (h) Section 305(a)(2)(C) of the Older Americans Act of 1965 (42 U.S.C. 3025(a)(2)(C)) is amended by inserting “in accordance with subsection (d)” before the semicolon at the end. (i) Section 306(a)(6)(G) of the Act (42 U.S.C. 3026(a)(6)(G)), as amended by section 137(b), is amended by striking “and” at the end. (j) Section 306(a)(2)(B) of the Older Americans Act of 1965 (42 U.S.C. 3026(a)(2)(B)) is amended by striking “other neurological and organic brain disorders of the Alzheimer’s type” and inserting “related disorders with neurological and organic brain dysfunction”. (k) Section 307(a) of the Older Americans Act of 1965 (42 U.S.C. 3027(a)) is amended— (1) by striking “Each such plan shall—” andinserting “Each such plan shall comply with all of the following requirements:”, (2) in paragraph (1)— (A) by inserting “The plan shall” after “(1)”, and (B) by striking the semicolon at the end and inserting a period, (3) in paragraph (2)— (A) by inserting “The plan shall” after “(2)”, and (B) by striking the semicolon at the end and inserting a period, (4) in paragraph (3)— (A) in subparagraph (A) by inserting “The plan shall” after “(3)(A)”, and (B) in subparagraph (B)— (i) by inserting “The plan shall” after “(B)”, and (ii) by striking the semicolon at the end and inserting a period, (5) in paragraph (4)— (A) by inserting “The plan shall” after “(4)”, and (B) by striking the semicolon at the end and inserting a period, (6) in paragraph (5)— (A) by inserting “The plan shall” after “(5)”, and (B) by striking the semicolon at the end and inserting a period, (7) in paragraph (6)— (A) by inserting “The plan shall” after “(6)”, and (B) by striking the semicolon at the end and inserting a period, (8) in paragraph (7)— (A) by inserting “The plan shall” after “(7)”, and (B) by striking the semicolon at the end and inserting a period, (9) in paragraph (8)— (A) by inserting “The plan shall” after “(8)”, and (B) by striking the semicolon at the end and inserting a period, (10) in paragraph (9)— (A) by inserting “The plan shall” after “(9)”, and (B) by striking the semicolon at the end and inserting a period, (11) in paragraph (10)— (A) by inserting “The plan shall” after “(10)”, and (B) by striking the semicolon at the end and inserting a period, (12) in paragraph (11)— (A) by inserting “The plan shall” after “(11)”, and (B) by striking the semicolon at the end and inserting a period, (13) in paragraph (13)— (A) by inserting “The plan shall” after “(13)”, and (B) in subparagraph (D by striking the semicolon at the end and inserting a period, (14) in paragraph (14)— (A) by inserting “The plan shall” after “(14)”, and (B) in subparagraph (E) by striking the semicolon at the end and inserting a period, (15) in paragraph (15)— (A) by inserting “The plan shall” after “(15)”, and (B) in subparagraph (D) by striking the semicolon and inserting a period, (16) in paragraph (16)— (A) by inserting “The plan shall” after “(16)”, and (B) in subparagraph (C) by striking the semicolon at the end and inserting a period, (17) in paragraph (17)— (A) by inserting “The plan shall” after “(17)”, and (B) by striking the semicolon at the end and inserting a period, (18) in paragraph (18)— (A) by inserting “The plan shall” after “(18)”, and (B) by striking the semicolon at the end and inserting a period, (19) in paragraph (19)— (A) by inserting “The plan shall” after “(19)”, and (B) by striking the semicolon at the end and inserting a period, and (20) in paragraph (20)— (A) by inserting “The plan shall” after “(20)”, and (B) in subparagraph (B)(ii) by striking “; and” at the end and inserting a period. (l) Section 308(b) of the Older Americans Act of 1965 (42 U.S.C. 3028(b)) is amended— (1) by striking “(b)(1)(A)” and inserting “(b)(1)”, (2) in paragraph (1)— (A) by striking “(i)” andinserting “(A)”, and (B) by striking “(ii)” the second place it appears and inserting “(B)”, (3) in paragraph (2)— (A) by striking “(2)(A)” and inserting “(2)”, (B) by striking “(i)” and inserting “(A)”, and (C) by striking “(ii)” the second place it appears and inserting “(B)”, (4) in paragraph (3)(C) by striking “he” and inserting “the Commissioner”, (5) in subparagraphs (A) and (B) of paragraph (5) by striking “appropriated” each place it appears and inserting “allotted”, and (6) in paragraph (5)(B) beginning with the dash strike out all through the period and insert: “not more than 30 percent of the funds allotted for any fiscal year.”. (m) Section 321(a)(10) of the Older Americans Act of 1965 (42 U.S.C. 3030d(a)(10)) is amended by inserting “for” after “advocate”. (n) Section 337 of the Older Americans Act of 1965 (42 U.S.C. 3030g) is amended by striking “Association of Area Agencies on Aging” and inserting “National Association of Area Agencies on Aging”. (o) Section 422(b)(1) of the Older Americans Act of 1965 (42 U.S.C. 3035a(b)(1)) is amended by striking “Alzheimers’ disease and other organic and neurological brain disorders of the Alzheimers’ type” and inserting “Alzheimer’s disease and related disorders with neurological and organic brain dysfunction”. (p) Section 507(1) of the Older Americans Act of 1965 (42 U.S.C. 3056e(2)), as amended by subsection (b)(4), is amended by striking “the Bureau of Labor Statistics” and inserting “the Office of Management and Budget”.

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

14. 1987

    Older Americans Act Amendments of 1987

    Pub. L. 100–175 § 182 · 101 Stat. 926

    Substituted · 42 U.S.C. § 3028(b)(3)(C)

    Pub. L. 100–175, § 182(l)(4), substituted “the Commissioner” for “he”

    Source evidence

    Code amendment note
    Subsec. (b)(3)(C). Pub. L. 100–175, § 182(l)(4), substituted “the Commissioner” for “he”.

    Enacted provision · exact public law section
    SEC. 182. TECHNICAL AMENDMENTS. (a) Section 102(1) of the Older Americans Act of 1965 (42 U.S.C. 8002(1)) is amended by striking “other than for purposes of title V” and inserting “except that for purposes of title V such term means the Secretary of Labor”. (b) (1) Section 102 of the Older Americans Act of 1965 (42 U.S.C. 8002) is amended— (A) in paragraph (3)— (i) by striking “includes” and inserting “means any of the several States,”, and (ii) by striking “Puerto Rico” and inserting “the Commonwealth of Puerto Rico”, and (B) by adding at the end the following: “(8) The term ‘Trust Territory of the Pacific Islands’ includes the Federated States of Micronesia. the Republic of the Marshall Islands, and the Republic of Palau.”. (2) Section 302 of the Older Americans Act of 1965 (42 U.S.C. 3022), as amended by sections 136(a) and 144(a), is amended— (A) by striking paragraph (6), and (B) by redesignating paragraphs (7) through (20) as paragraphs (6) through (19), respectively. (3) Section 506(a)(4)(A) of the Older Americans Act of 1965 (42 U.S.C. 3056d(a)(4)(A)) is amended by striking “Puerto Rico” and inserting “the Commonwealth of Puerto Rico”. (4) Section 507 of the Older Americans Act of 1965 (42 U.S.C. 8056e), wi amended by section 164(b), is amended— (A) by striking paragraph (1), and (B) by redesignating paragraphs (2), (3), (4), and (5) as paragraphs (1), (2), (3), and (4), respectively. (c) Section 201(a) of the Older Americans Act of 1965 (42 U.S.C. 3011(a)) is amended by striking “his functions” and inserting “the functions of the Commissioner”. (d) Section 204(d)(8) of the Older Americans Act of 1965 (42 U.S.C. 3015(d)(3)) is amended by inserting “to” after “Secretary,”. (e) (1) Section 302 of the Older Americans Act of 1965 (42 U.S.C. 3022), as amended by subsection (b)(2) and sections 136(a) and 144(a), is amended by adding at the end the following: “(20) The term ‘greatest economic need’ means the need resulting from an income level at or below the poverty levels established by the Office of Management and Budget. “(21) The term ‘greatest social need’ means the need caused by noneconomic factors which include physical and mental disabilities, language barriers, and cultural, social, or geo-graphical isolation including that caused by racial or ethnic status which restricts an individual’s ability to perform normal daily tasks or which threatens such individual’s capacity to live independently.”. (2) Section 305(d) of the Older Americans Act of 1965 (42 U.S.C. 3025(d)) is amended— (A) by striking “(d)(1)” and inserting “(d)”, and (B) by striking paragraph (2). (3) Section 306(a) of the Older Americans Act of 1965 (42 U.S.C. 3026(a)) is amended by striking the last sentence. (f) Section 304(d)(1) of the Older Americans Act of 1965 (42 U.S.C. 3024(d)(1)) is amended in the matter preceding subparagraph (A) by inserting a comma after “section 308(b)”. (g) Section 305(a)(1)(E) of the Older Americans Act of 1965 (42 U.S.C. 3025(a)(1)(E)) is amended by striking “legal services” and inserting “legal assistance”. (h) Section 305(a)(2)(C) of the Older Americans Act of 1965 (42 U.S.C. 3025(a)(2)(C)) is amended by inserting “in accordance with subsection (d)” before the semicolon at the end. (i) Section 306(a)(6)(G) of the Act (42 U.S.C. 3026(a)(6)(G)), as amended by section 137(b), is amended by striking “and” at the end. (j) Section 306(a)(2)(B) of the Older Americans Act of 1965 (42 U.S.C. 3026(a)(2)(B)) is amended by striking “other neurological and organic brain disorders of the Alzheimer’s type” and inserting “related disorders with neurological and organic brain dysfunction”. (k) Section 307(a) of the Older Americans Act of 1965 (42 U.S.C. 3027(a)) is amended— (1) by striking “Each such plan shall—” andinserting “Each such plan shall comply with all of the following requirements:”, (2) in paragraph (1)— (A) by inserting “The plan shall” after “(1)”, and (B) by striking the semicolon at the end and inserting a period, (3) in paragraph (2)— (A) by inserting “The plan shall” after “(2)”, and (B) by striking the semicolon at the end and inserting a period, (4) in paragraph (3)— (A) in subparagraph (A) by inserting “The plan shall” after “(3)(A)”, and (B) in subparagraph (B)— (i) by inserting “The plan shall” after “(B)”, and (ii) by striking the semicolon at the end and inserting a period, (5) in paragraph (4)— (A) by inserting “The plan shall” after “(4)”, and (B) by striking the semicolon at the end and inserting a period, (6) in paragraph (5)— (A) by inserting “The plan shall” after “(5)”, and (B) by striking the semicolon at the end and inserting a period, (7) in paragraph (6)— (A) by inserting “The plan shall” after “(6)”, and (B) by striking the semicolon at the end and inserting a period, (8) in paragraph (7)— (A) by inserting “The plan shall” after “(7)”, and (B) by striking the semicolon at the end and inserting a period, (9) in paragraph (8)— (A) by inserting “The plan shall” after “(8)”, and (B) by striking the semicolon at the end and inserting a period, (10) in paragraph (9)— (A) by inserting “The plan shall” after “(9)”, and (B) by striking the semicolon at the end and inserting a period, (11) in paragraph (10)— (A) by inserting “The plan shall” after “(10)”, and (B) by striking the semicolon at the end and inserting a period, (12) in paragraph (11)— (A) by inserting “The plan shall” after “(11)”, and (B) by striking the semicolon at the end and inserting a period, (13) in paragraph (13)— (A) by inserting “The plan shall” after “(13)”, and (B) in subparagraph (D by striking the semicolon at the end and inserting a period, (14) in paragraph (14)— (A) by inserting “The plan shall” after “(14)”, and (B) in subparagraph (E) by striking the semicolon at the end and inserting a period, (15) in paragraph (15)— (A) by inserting “The plan shall” after “(15)”, and (B) in subparagraph (D) by striking the semicolon and inserting a period, (16) in paragraph (16)— (A) by inserting “The plan shall” after “(16)”, and (B) in subparagraph (C) by striking the semicolon at the end and inserting a period, (17) in paragraph (17)— (A) by inserting “The plan shall” after “(17)”, and (B) by striking the semicolon at the end and inserting a period, (18) in paragraph (18)— (A) by inserting “The plan shall” after “(18)”, and (B) by striking the semicolon at the end and inserting a period, (19) in paragraph (19)— (A) by inserting “The plan shall” after “(19)”, and (B) by striking the semicolon at the end and inserting a period, and (20) in paragraph (20)— (A) by inserting “The plan shall” after “(20)”, and (B) in subparagraph (B)(ii) by striking “; and” at the end and inserting a period. (l) Section 308(b) of the Older Americans Act of 1965 (42 U.S.C. 3028(b)) is amended— (1) by striking “(b)(1)(A)” and inserting “(b)(1)”, (2) in paragraph (1)— (A) by striking “(i)” andinserting “(A)”, and (B) by striking “(ii)” the second place it appears and inserting “(B)”, (3) in paragraph (2)— (A) by striking “(2)(A)” and inserting “(2)”, (B) by striking “(i)” and inserting “(A)”, and (C) by striking “(ii)” the second place it appears and inserting “(B)”, (4) in paragraph (3)(C) by striking “he” and inserting “the Commissioner”, (5) in subparagraphs (A) and (B) of paragraph (5) by striking “appropriated” each place it appears and inserting “allotted”, and (6) in paragraph (5)(B) beginning with the dash strike out all through the period and insert: “not more than 30 percent of the funds allotted for any fiscal year.”. (m) Section 321(a)(10) of the Older Americans Act of 1965 (42 U.S.C. 3030d(a)(10)) is amended by inserting “for” after “advocate”. (n) Section 337 of the Older Americans Act of 1965 (42 U.S.C. 3030g) is amended by striking “Association of Area Agencies on Aging” and inserting “National Association of Area Agencies on Aging”. (o) Section 422(b)(1) of the Older Americans Act of 1965 (42 U.S.C. 3035a(b)(1)) is amended by striking “Alzheimers’ disease and other organic and neurological brain disorders of the Alzheimers’ type” and inserting “Alzheimer’s disease and related disorders with neurological and organic brain dysfunction”. (p) Section 507(1) of the Older Americans Act of 1965 (42 U.S.C. 3056e(2)), as amended by subsection (b)(4), is amended by striking “the Bureau of Labor Statistics” and inserting “the Office of Management and Budget”.

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

15. 1987

    Older Americans Act Amendments of 1987

    Pub. L. 100–175 § 182 · 101 Stat. 926

    Substituted · 42 U.S.C. § 3028(b)(5)(A)

    Pub. L. 100–175, § 182(l)(5), substituted “allotted” for “appropriated”

    Source evidence

    Code amendment note
    Subsec. (b)(5)(A). Pub. L. 100–175, § 182(l)(5), substituted “allotted” for “appropriated”.

    Enacted provision · exact public law section
    SEC. 182. TECHNICAL AMENDMENTS. (a) Section 102(1) of the Older Americans Act of 1965 (42 U.S.C. 8002(1)) is amended by striking “other than for purposes of title V” and inserting “except that for purposes of title V such term means the Secretary of Labor”. (b) (1) Section 102 of the Older Americans Act of 1965 (42 U.S.C. 8002) is amended— (A) in paragraph (3)— (i) by striking “includes” and inserting “means any of the several States,”, and (ii) by striking “Puerto Rico” and inserting “the Commonwealth of Puerto Rico”, and (B) by adding at the end the following: “(8) The term ‘Trust Territory of the Pacific Islands’ includes the Federated States of Micronesia. the Republic of the Marshall Islands, and the Republic of Palau.”. (2) Section 302 of the Older Americans Act of 1965 (42 U.S.C. 3022), as amended by sections 136(a) and 144(a), is amended— (A) by striking paragraph (6), and (B) by redesignating paragraphs (7) through (20) as paragraphs (6) through (19), respectively. (3) Section 506(a)(4)(A) of the Older Americans Act of 1965 (42 U.S.C. 3056d(a)(4)(A)) is amended by striking “Puerto Rico” and inserting “the Commonwealth of Puerto Rico”. (4) Section 507 of the Older Americans Act of 1965 (42 U.S.C. 8056e), wi amended by section 164(b), is amended— (A) by striking paragraph (1), and (B) by redesignating paragraphs (2), (3), (4), and (5) as paragraphs (1), (2), (3), and (4), respectively. (c) Section 201(a) of the Older Americans Act of 1965 (42 U.S.C. 3011(a)) is amended by striking “his functions” and inserting “the functions of the Commissioner”. (d) Section 204(d)(8) of the Older Americans Act of 1965 (42 U.S.C. 3015(d)(3)) is amended by inserting “to” after “Secretary,”. (e) (1) Section 302 of the Older Americans Act of 1965 (42 U.S.C. 3022), as amended by subsection (b)(2) and sections 136(a) and 144(a), is amended by adding at the end the following: “(20) The term ‘greatest economic need’ means the need resulting from an income level at or below the poverty levels established by the Office of Management and Budget. “(21) The term ‘greatest social need’ means the need caused by noneconomic factors which include physical and mental disabilities, language barriers, and cultural, social, or geo-graphical isolation including that caused by racial or ethnic status which restricts an individual’s ability to perform normal daily tasks or which threatens such individual’s capacity to live independently.”. (2) Section 305(d) of the Older Americans Act of 1965 (42 U.S.C. 3025(d)) is amended— (A) by striking “(d)(1)” and inserting “(d)”, and (B) by striking paragraph (2). (3) Section 306(a) of the Older Americans Act of 1965 (42 U.S.C. 3026(a)) is amended by striking the last sentence. (f) Section 304(d)(1) of the Older Americans Act of 1965 (42 U.S.C. 3024(d)(1)) is amended in the matter preceding subparagraph (A) by inserting a comma after “section 308(b)”. (g) Section 305(a)(1)(E) of the Older Americans Act of 1965 (42 U.S.C. 3025(a)(1)(E)) is amended by striking “legal services” and inserting “legal assistance”. (h) Section 305(a)(2)(C) of the Older Americans Act of 1965 (42 U.S.C. 3025(a)(2)(C)) is amended by inserting “in accordance with subsection (d)” before the semicolon at the end. (i) Section 306(a)(6)(G) of the Act (42 U.S.C. 3026(a)(6)(G)), as amended by section 137(b), is amended by striking “and” at the end. (j) Section 306(a)(2)(B) of the Older Americans Act of 1965 (42 U.S.C. 3026(a)(2)(B)) is amended by striking “other neurological and organic brain disorders of the Alzheimer’s type” and inserting “related disorders with neurological and organic brain dysfunction”. (k) Section 307(a) of the Older Americans Act of 1965 (42 U.S.C. 3027(a)) is amended— (1) by striking “Each such plan shall—” andinserting “Each such plan shall comply with all of the following requirements:”, (2) in paragraph (1)— (A) by inserting “The plan shall” after “(1)”, and (B) by striking the semicolon at the end and inserting a period, (3) in paragraph (2)— (A) by inserting “The plan shall” after “(2)”, and (B) by striking the semicolon at the end and inserting a period, (4) in paragraph (3)— (A) in subparagraph (A) by inserting “The plan shall” after “(3)(A)”, and (B) in subparagraph (B)— (i) by inserting “The plan shall” after “(B)”, and (ii) by striking the semicolon at the end and inserting a period, (5) in paragraph (4)— (A) by inserting “The plan shall” after “(4)”, and (B) by striking the semicolon at the end and inserting a period, (6) in paragraph (5)— (A) by inserting “The plan shall” after “(5)”, and (B) by striking the semicolon at the end and inserting a period, (7) in paragraph (6)— (A) by inserting “The plan shall” after “(6)”, and (B) by striking the semicolon at the end and inserting a period, (8) in paragraph (7)— (A) by inserting “The plan shall” after “(7)”, and (B) by striking the semicolon at the end and inserting a period, (9) in paragraph (8)— (A) by inserting “The plan shall” after “(8)”, and (B) by striking the semicolon at the end and inserting a period, (10) in paragraph (9)— (A) by inserting “The plan shall” after “(9)”, and (B) by striking the semicolon at the end and inserting a period, (11) in paragraph (10)— (A) by inserting “The plan shall” after “(10)”, and (B) by striking the semicolon at the end and inserting a period, (12) in paragraph (11)— (A) by inserting “The plan shall” after “(11)”, and (B) by striking the semicolon at the end and inserting a period, (13) in paragraph (13)— (A) by inserting “The plan shall” after “(13)”, and (B) in subparagraph (D by striking the semicolon at the end and inserting a period, (14) in paragraph (14)— (A) by inserting “The plan shall” after “(14)”, and (B) in subparagraph (E) by striking the semicolon at the end and inserting a period, (15) in paragraph (15)— (A) by inserting “The plan shall” after “(15)”, and (B) in subparagraph (D) by striking the semicolon and inserting a period, (16) in paragraph (16)— (A) by inserting “The plan shall” after “(16)”, and (B) in subparagraph (C) by striking the semicolon at the end and inserting a period, (17) in paragraph (17)— (A) by inserting “The plan shall” after “(17)”, and (B) by striking the semicolon at the end and inserting a period, (18) in paragraph (18)— (A) by inserting “The plan shall” after “(18)”, and (B) by striking the semicolon at the end and inserting a period, (19) in paragraph (19)— (A) by inserting “The plan shall” after “(19)”, and (B) by striking the semicolon at the end and inserting a period, and (20) in paragraph (20)— (A) by inserting “The plan shall” after “(20)”, and (B) in subparagraph (B)(ii) by striking “; and” at the end and inserting a period. (l) Section 308(b) of the Older Americans Act of 1965 (42 U.S.C. 3028(b)) is amended— (1) by striking “(b)(1)(A)” and inserting “(b)(1)”, (2) in paragraph (1)— (A) by striking “(i)” andinserting “(A)”, and (B) by striking “(ii)” the second place it appears and inserting “(B)”, (3) in paragraph (2)— (A) by striking “(2)(A)” and inserting “(2)”, (B) by striking “(i)” and inserting “(A)”, and (C) by striking “(ii)” the second place it appears and inserting “(B)”, (4) in paragraph (3)(C) by striking “he” and inserting “the Commissioner”, (5) in subparagraphs (A) and (B) of paragraph (5) by striking “appropriated” each place it appears and inserting “allotted”, and (6) in paragraph (5)(B) beginning with the dash strike out all through the period and insert: “not more than 30 percent of the funds allotted for any fiscal year.”. (m) Section 321(a)(10) of the Older Americans Act of 1965 (42 U.S.C. 3030d(a)(10)) is amended by inserting “for” after “advocate”. (n) Section 337 of the Older Americans Act of 1965 (42 U.S.C. 3030g) is amended by striking “Association of Area Agencies on Aging” and inserting “National Association of Area Agencies on Aging”. (o) Section 422(b)(1) of the Older Americans Act of 1965 (42 U.S.C. 3035a(b)(1)) is amended by striking “Alzheimers’ disease and other organic and neurological brain disorders of the Alzheimers’ type” and inserting “Alzheimer’s disease and related disorders with neurological and organic brain dysfunction”. (p) Section 507(1) of the Older Americans Act of 1965 (42 U.S.C. 3056e(2)), as amended by subsection (b)(4), is amended by striking “the Bureau of Labor Statistics” and inserting “the Office of Management and Budget”.

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

16. 1987

    Older Americans Act Amendments of 1987

    Pub. L. 100–175 § 129(c)(2)(A) · 101 Stat. 926

    Substituted · 42 U.S.C. § 3028(b)(5)(A)

    Pub. L. 100–175, § 129(c)(2)(A), substituted “received under subsection (a)(1)” for “received under subsection (a)”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 100–175, § 129(c)(2)(A), substituted “received under subsection (a)(1)” for “received under subsection (a)”.

    Enacted provision · exact public law section
    (A) in subparagraph (A) by striking “subsection (a)” and inserting “subsection (a)(1)”, and

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

17. 1987

    Older Americans Act Amendments of 1987

    Pub. L. 100–175 § 182 · 101 Stat. 926

    Substituted · 42 U.S.C. § 3028(b)(5)(B)

    Pub. L. 100–175, § 182(l)(6), substituted provision that State may elect to transfer not more than 30 percent of funds allotted for any fiscal year for provision that State may elect to transfer not more than 27 percent of funds allotted for fiscal year 1985, not more than 29 percent of funds allotted for fiscal year 1986, and not more than 30 percent of funds allotted for fiscal year 1987

    Source evidence

    Code amendment note
    Subsec. (b)(5)(B). Pub. L. 100–175, § 182(l)(6), substituted provision that State may elect to transfer not more than 30 percent of funds allotted for any fiscal year for provision that State may elect to transfer not more than 27 percent of funds allotted for fiscal year 1985, not more than 29 percent of funds allotted for fiscal year 1986, and not more than 30 percent of funds allotted for fiscal year 1987.

    Enacted provision · exact public law section
    SEC. 182. TECHNICAL AMENDMENTS. (a) Section 102(1) of the Older Americans Act of 1965 (42 U.S.C. 8002(1)) is amended by striking “other than for purposes of title V” and inserting “except that for purposes of title V such term means the Secretary of Labor”. (b) (1) Section 102 of the Older Americans Act of 1965 (42 U.S.C. 8002) is amended— (A) in paragraph (3)— (i) by striking “includes” and inserting “means any of the several States,”, and (ii) by striking “Puerto Rico” and inserting “the Commonwealth of Puerto Rico”, and (B) by adding at the end the following: “(8) The term ‘Trust Territory of the Pacific Islands’ includes the Federated States of Micronesia. the Republic of the Marshall Islands, and the Republic of Palau.”. (2) Section 302 of the Older Americans Act of 1965 (42 U.S.C. 3022), as amended by sections 136(a) and 144(a), is amended— (A) by striking paragraph (6), and (B) by redesignating paragraphs (7) through (20) as paragraphs (6) through (19), respectively. (3) Section 506(a)(4)(A) of the Older Americans Act of 1965 (42 U.S.C. 3056d(a)(4)(A)) is amended by striking “Puerto Rico” and inserting “the Commonwealth of Puerto Rico”. (4) Section 507 of the Older Americans Act of 1965 (42 U.S.C. 8056e), wi amended by section 164(b), is amended— (A) by striking paragraph (1), and (B) by redesignating paragraphs (2), (3), (4), and (5) as paragraphs (1), (2), (3), and (4), respectively. (c) Section 201(a) of the Older Americans Act of 1965 (42 U.S.C. 3011(a)) is amended by striking “his functions” and inserting “the functions of the Commissioner”. (d) Section 204(d)(8) of the Older Americans Act of 1965 (42 U.S.C. 3015(d)(3)) is amended by inserting “to” after “Secretary,”. (e) (1) Section 302 of the Older Americans Act of 1965 (42 U.S.C. 3022), as amended by subsection (b)(2) and sections 136(a) and 144(a), is amended by adding at the end the following: “(20) The term ‘greatest economic need’ means the need resulting from an income level at or below the poverty levels established by the Office of Management and Budget. “(21) The term ‘greatest social need’ means the need caused by noneconomic factors which include physical and mental disabilities, language barriers, and cultural, social, or geo-graphical isolation including that caused by racial or ethnic status which restricts an individual’s ability to perform normal daily tasks or which threatens such individual’s capacity to live independently.”. (2) Section 305(d) of the Older Americans Act of 1965 (42 U.S.C. 3025(d)) is amended— (A) by striking “(d)(1)” and inserting “(d)”, and (B) by striking paragraph (2). (3) Section 306(a) of the Older Americans Act of 1965 (42 U.S.C. 3026(a)) is amended by striking the last sentence. (f) Section 304(d)(1) of the Older Americans Act of 1965 (42 U.S.C. 3024(d)(1)) is amended in the matter preceding subparagraph (A) by inserting a comma after “section 308(b)”. (g) Section 305(a)(1)(E) of the Older Americans Act of 1965 (42 U.S.C. 3025(a)(1)(E)) is amended by striking “legal services” and inserting “legal assistance”. (h) Section 305(a)(2)(C) of the Older Americans Act of 1965 (42 U.S.C. 3025(a)(2)(C)) is amended by inserting “in accordance with subsection (d)” before the semicolon at the end. (i) Section 306(a)(6)(G) of the Act (42 U.S.C. 3026(a)(6)(G)), as amended by section 137(b), is amended by striking “and” at the end. (j) Section 306(a)(2)(B) of the Older Americans Act of 1965 (42 U.S.C. 3026(a)(2)(B)) is amended by striking “other neurological and organic brain disorders of the Alzheimer’s type” and inserting “related disorders with neurological and organic brain dysfunction”. (k) Section 307(a) of the Older Americans Act of 1965 (42 U.S.C. 3027(a)) is amended— (1) by striking “Each such plan shall—” andinserting “Each such plan shall comply with all of the following requirements:”, (2) in paragraph (1)— (A) by inserting “The plan shall” after “(1)”, and (B) by striking the semicolon at the end and inserting a period, (3) in paragraph (2)— (A) by inserting “The plan shall” after “(2)”, and (B) by striking the semicolon at the end and inserting a period, (4) in paragraph (3)— (A) in subparagraph (A) by inserting “The plan shall” after “(3)(A)”, and (B) in subparagraph (B)— (i) by inserting “The plan shall” after “(B)”, and (ii) by striking the semicolon at the end and inserting a period, (5) in paragraph (4)— (A) by inserting “The plan shall” after “(4)”, and (B) by striking the semicolon at the end and inserting a period, (6) in paragraph (5)— (A) by inserting “The plan shall” after “(5)”, and (B) by striking the semicolon at the end and inserting a period, (7) in paragraph (6)— (A) by inserting “The plan shall” after “(6)”, and (B) by striking the semicolon at the end and inserting a period, (8) in paragraph (7)— (A) by inserting “The plan shall” after “(7)”, and (B) by striking the semicolon at the end and inserting a period, (9) in paragraph (8)— (A) by inserting “The plan shall” after “(8)”, and (B) by striking the semicolon at the end and inserting a period, (10) in paragraph (9)— (A) by inserting “The plan shall” after “(9)”, and (B) by striking the semicolon at the end and inserting a period, (11) in paragraph (10)— (A) by inserting “The plan shall” after “(10)”, and (B) by striking the semicolon at the end and inserting a period, (12) in paragraph (11)— (A) by inserting “The plan shall” after “(11)”, and (B) by striking the semicolon at the end and inserting a period, (13) in paragraph (13)— (A) by inserting “The plan shall” after “(13)”, and (B) in subparagraph (D by striking the semicolon at the end and inserting a period, (14) in paragraph (14)— (A) by inserting “The plan shall” after “(14)”, and (B) in subparagraph (E) by striking the semicolon at the end and inserting a period, (15) in paragraph (15)— (A) by inserting “The plan shall” after “(15)”, and (B) in subparagraph (D) by striking the semicolon and inserting a period, (16) in paragraph (16)— (A) by inserting “The plan shall” after “(16)”, and (B) in subparagraph (C) by striking the semicolon at the end and inserting a period, (17) in paragraph (17)— (A) by inserting “The plan shall” after “(17)”, and (B) by striking the semicolon at the end and inserting a period, (18) in paragraph (18)— (A) by inserting “The plan shall” after “(18)”, and (B) by striking the semicolon at the end and inserting a period, (19) in paragraph (19)— (A) by inserting “The plan shall” after “(19)”, and (B) by striking the semicolon at the end and inserting a period, and (20) in paragraph (20)— (A) by inserting “The plan shall” after “(20)”, and (B) in subparagraph (B)(ii) by striking “; and” at the end and inserting a period. (l) Section 308(b) of the Older Americans Act of 1965 (42 U.S.C. 3028(b)) is amended— (1) by striking “(b)(1)(A)” and inserting “(b)(1)”, (2) in paragraph (1)— (A) by striking “(i)” andinserting “(A)”, and (B) by striking “(ii)” the second place it appears and inserting “(B)”, (3) in paragraph (2)— (A) by striking “(2)(A)” and inserting “(2)”, (B) by striking “(i)” and inserting “(A)”, and (C) by striking “(ii)” the second place it appears and inserting “(B)”, (4) in paragraph (3)(C) by striking “he” and inserting “the Commissioner”, (5) in subparagraphs (A) and (B) of paragraph (5) by striking “appropriated” each place it appears and inserting “allotted”, and (6) in paragraph (5)(B) beginning with the dash strike out all through the period and insert: “not more than 30 percent of the funds allotted for any fiscal year.”. (m) Section 321(a)(10) of the Older Americans Act of 1965 (42 U.S.C. 3030d(a)(10)) is amended by inserting “for” after “advocate”. (n) Section 337 of the Older Americans Act of 1965 (42 U.S.C. 3030g) is amended by striking “Association of Area Agencies on Aging” and inserting “National Association of Area Agencies on Aging”. (o) Section 422(b)(1) of the Older Americans Act of 1965 (42 U.S.C. 3035a(b)(1)) is amended by striking “Alzheimers’ disease and other organic and neurological brain disorders of the Alzheimers’ type” and inserting “Alzheimer’s disease and related disorders with neurological and organic brain dysfunction”. (p) Section 507(1) of the Older Americans Act of 1965 (42 U.S.C. 3056e(2)), as amended by subsection (b)(4), is amended by striking “the Bureau of Labor Statistics” and inserting “the Office of Management and Budget”.

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

18. 1987

    Older Americans Act Amendments of 1987

    Pub. L. 100–175 § 182 · 101 Stat. 926

    Substituted · 42 U.S.C. § 3028(b)(5)(B)

    Pub. L. 100–175, § 182(l)(5), substituted “allotted” for “appropriated”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 100–175, § 182(l)(5), substituted “allotted” for “appropriated”.

    Enacted provision · exact public law section
    SEC. 182. TECHNICAL AMENDMENTS. (a) Section 102(1) of the Older Americans Act of 1965 (42 U.S.C. 8002(1)) is amended by striking “other than for purposes of title V” and inserting “except that for purposes of title V such term means the Secretary of Labor”. (b) (1) Section 102 of the Older Americans Act of 1965 (42 U.S.C. 8002) is amended— (A) in paragraph (3)— (i) by striking “includes” and inserting “means any of the several States,”, and (ii) by striking “Puerto Rico” and inserting “the Commonwealth of Puerto Rico”, and (B) by adding at the end the following: “(8) The term ‘Trust Territory of the Pacific Islands’ includes the Federated States of Micronesia. the Republic of the Marshall Islands, and the Republic of Palau.”. (2) Section 302 of the Older Americans Act of 1965 (42 U.S.C. 3022), as amended by sections 136(a) and 144(a), is amended— (A) by striking paragraph (6), and (B) by redesignating paragraphs (7) through (20) as paragraphs (6) through (19), respectively. (3) Section 506(a)(4)(A) of the Older Americans Act of 1965 (42 U.S.C. 3056d(a)(4)(A)) is amended by striking “Puerto Rico” and inserting “the Commonwealth of Puerto Rico”. (4) Section 507 of the Older Americans Act of 1965 (42 U.S.C. 8056e), wi amended by section 164(b), is amended— (A) by striking paragraph (1), and (B) by redesignating paragraphs (2), (3), (4), and (5) as paragraphs (1), (2), (3), and (4), respectively. (c) Section 201(a) of the Older Americans Act of 1965 (42 U.S.C. 3011(a)) is amended by striking “his functions” and inserting “the functions of the Commissioner”. (d) Section 204(d)(8) of the Older Americans Act of 1965 (42 U.S.C. 3015(d)(3)) is amended by inserting “to” after “Secretary,”. (e) (1) Section 302 of the Older Americans Act of 1965 (42 U.S.C. 3022), as amended by subsection (b)(2) and sections 136(a) and 144(a), is amended by adding at the end the following: “(20) The term ‘greatest economic need’ means the need resulting from an income level at or below the poverty levels established by the Office of Management and Budget. “(21) The term ‘greatest social need’ means the need caused by noneconomic factors which include physical and mental disabilities, language barriers, and cultural, social, or geo-graphical isolation including that caused by racial or ethnic status which restricts an individual’s ability to perform normal daily tasks or which threatens such individual’s capacity to live independently.”. (2) Section 305(d) of the Older Americans Act of 1965 (42 U.S.C. 3025(d)) is amended— (A) by striking “(d)(1)” and inserting “(d)”, and (B) by striking paragraph (2). (3) Section 306(a) of the Older Americans Act of 1965 (42 U.S.C. 3026(a)) is amended by striking the last sentence. (f) Section 304(d)(1) of the Older Americans Act of 1965 (42 U.S.C. 3024(d)(1)) is amended in the matter preceding subparagraph (A) by inserting a comma after “section 308(b)”. (g) Section 305(a)(1)(E) of the Older Americans Act of 1965 (42 U.S.C. 3025(a)(1)(E)) is amended by striking “legal services” and inserting “legal assistance”. (h) Section 305(a)(2)(C) of the Older Americans Act of 1965 (42 U.S.C. 3025(a)(2)(C)) is amended by inserting “in accordance with subsection (d)” before the semicolon at the end. (i) Section 306(a)(6)(G) of the Act (42 U.S.C. 3026(a)(6)(G)), as amended by section 137(b), is amended by striking “and” at the end. (j) Section 306(a)(2)(B) of the Older Americans Act of 1965 (42 U.S.C. 3026(a)(2)(B)) is amended by striking “other neurological and organic brain disorders of the Alzheimer’s type” and inserting “related disorders with neurological and organic brain dysfunction”. (k) Section 307(a) of the Older Americans Act of 1965 (42 U.S.C. 3027(a)) is amended— (1) by striking “Each such plan shall—” andinserting “Each such plan shall comply with all of the following requirements:”, (2) in paragraph (1)— (A) by inserting “The plan shall” after “(1)”, and (B) by striking the semicolon at the end and inserting a period, (3) in paragraph (2)— (A) by inserting “The plan shall” after “(2)”, and (B) by striking the semicolon at the end and inserting a period, (4) in paragraph (3)— (A) in subparagraph (A) by inserting “The plan shall” after “(3)(A)”, and (B) in subparagraph (B)— (i) by inserting “The plan shall” after “(B)”, and (ii) by striking the semicolon at the end and inserting a period, (5) in paragraph (4)— (A) by inserting “The plan shall” after “(4)”, and (B) by striking the semicolon at the end and inserting a period, (6) in paragraph (5)— (A) by inserting “The plan shall” after “(5)”, and (B) by striking the semicolon at the end and inserting a period, (7) in paragraph (6)— (A) by inserting “The plan shall” after “(6)”, and (B) by striking the semicolon at the end and inserting a period, (8) in paragraph (7)— (A) by inserting “The plan shall” after “(7)”, and (B) by striking the semicolon at the end and inserting a period, (9) in paragraph (8)— (A) by inserting “The plan shall” after “(8)”, and (B) by striking the semicolon at the end and inserting a period, (10) in paragraph (9)— (A) by inserting “The plan shall” after “(9)”, and (B) by striking the semicolon at the end and inserting a period, (11) in paragraph (10)— (A) by inserting “The plan shall” after “(10)”, and (B) by striking the semicolon at the end and inserting a period, (12) in paragraph (11)— (A) by inserting “The plan shall” after “(11)”, and (B) by striking the semicolon at the end and inserting a period, (13) in paragraph (13)— (A) by inserting “The plan shall” after “(13)”, and (B) in subparagraph (D by striking the semicolon at the end and inserting a period, (14) in paragraph (14)— (A) by inserting “The plan shall” after “(14)”, and (B) in subparagraph (E) by striking the semicolon at the end and inserting a period, (15) in paragraph (15)— (A) by inserting “The plan shall” after “(15)”, and (B) in subparagraph (D) by striking the semicolon and inserting a period, (16) in paragraph (16)— (A) by inserting “The plan shall” after “(16)”, and (B) in subparagraph (C) by striking the semicolon at the end and inserting a period, (17) in paragraph (17)— (A) by inserting “The plan shall” after “(17)”, and (B) by striking the semicolon at the end and inserting a period, (18) in paragraph (18)— (A) by inserting “The plan shall” after “(18)”, and (B) by striking the semicolon at the end and inserting a period, (19) in paragraph (19)— (A) by inserting “The plan shall” after “(19)”, and (B) by striking the semicolon at the end and inserting a period, and (20) in paragraph (20)— (A) by inserting “The plan shall” after “(20)”, and (B) in subparagraph (B)(ii) by striking “; and” at the end and inserting a period. (l) Section 308(b) of the Older Americans Act of 1965 (42 U.S.C. 3028(b)) is amended— (1) by striking “(b)(1)(A)” and inserting “(b)(1)”, (2) in paragraph (1)— (A) by striking “(i)” andinserting “(A)”, and (B) by striking “(ii)” the second place it appears and inserting “(B)”, (3) in paragraph (2)— (A) by striking “(2)(A)” and inserting “(2)”, (B) by striking “(i)” and inserting “(A)”, and (C) by striking “(ii)” the second place it appears and inserting “(B)”, (4) in paragraph (3)(C) by striking “he” and inserting “the Commissioner”, (5) in subparagraphs (A) and (B) of paragraph (5) by striking “appropriated” each place it appears and inserting “allotted”, and (6) in paragraph (5)(B) beginning with the dash strike out all through the period and insert: “not more than 30 percent of the funds allotted for any fiscal year.”. (m) Section 321(a)(10) of the Older Americans Act of 1965 (42 U.S.C. 3030d(a)(10)) is amended by inserting “for” after “advocate”. (n) Section 337 of the Older Americans Act of 1965 (42 U.S.C. 3030g) is amended by striking “Association of Area Agencies on Aging” and inserting “National Association of Area Agencies on Aging”. (o) Section 422(b)(1) of the Older Americans Act of 1965 (42 U.S.C. 3035a(b)(1)) is amended by striking “Alzheimers’ disease and other organic and neurological brain disorders of the Alzheimers’ type” and inserting “Alzheimer’s disease and related disorders with neurological and organic brain dysfunction”. (p) Section 507(1) of the Older Americans Act of 1965 (42 U.S.C. 3056e(2)), as amended by subsection (b)(4), is amended by striking “the Bureau of Labor Statistics” and inserting “the Office of Management and Budget”.

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

19. 1987

    Older Americans Act Amendments of 1987

    Pub. L. 100–175 § 129(c)(2)(B) · 101 Stat. 926

    Inserted · 42 U.S.C. § 3028(b)(5)(B)

    Pub. L. 100–175, § 129(c)(2)(B), inserted “subsections (a)(1) and (b) of” after first reference to “under”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 100–175, § 129(c)(2)(B), inserted “subsections (a)(1) and (b) of” after first reference to “under”.

    Enacted provision · exact public law section
    (B) in subparagraph (B) by inserting “subsections (a)(1) and (b) of” after “under” the first place it appears.

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

20. 1992

    Older Americans Act Amendments of 1992

    Pub. L. 102–375 § 308(1) · 106 Stat. 1195

    Inserted · 42 U.S.C. § 3028(a)(3)

    Pub. L. 102–375, § 308(1), inserted “been” after “Any State which has”

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 102–375, § 308(1), inserted “been” after “Any State which has”.

    Enacted provision · exact public law section
    (1) in subsection (a)(3) by inserting “been” after “which has”; and

21. 1992

    Older Americans Act Amendments of 1992

    Pub. L. 102–375 § 904(a)(14)(A) · 106 Stat. 1195

    Inserted · 42 U.S.C. § 3028(b)(1)(B); 42 U.S.C. § 3028(b)(2)(B)

    Pub. L. 102–375, § 904(a)(14)(A), inserted “United States” before “Virgin Islands”

    Source evidence

    Code amendment note
    Subsec. (b)(1)(B), (2)(B). Pub. L. 102–375, § 904(a)(14)(A), inserted “United States” before “Virgin Islands”.

    Enacted provision · exact public law section
    (A) in paragraphs (1)(B) and (2)(B) by striking “Virgin Islands” and inserting “United States Virgin Islands”; and

22. 1992

    Older Americans Act Amendments of 1992

    Pub. L. 102–375 title I § 102(b)(9)(C) · 106 Stat. 1195

    1. Inserted · 42 U.S.C. § 3028(b)(3)(B)(iii)

       Pub. L. 102–375, §§ 102(b)(9)(C), (10)(A), 904(a)(14)(B), inserted “on aging” after “area agencies”

    2. Struck · 42 U.S.C. § 3028(b)(3)(B)(iii)

       Pub. L. 102–375, §§ 102(b)(9)(C), (10)(A), 904(a)(14)(B), struck out “designated under section 3025 of this title” after “such State”

    3. Substituted · 42 U.S.C. § 3028(b)(3)(B)(iii)

       Pub. L. 102–375, §§ 102(b)(9)(C), (10)(A), 904(a)(14)(B), substituted “objectives” for “purposes”

    Source evidence

    Code amendment note
    Subsec. (b)(3)(B)(iii). Pub. L. 102–375, §§ 102(b)(9)(C), (10)(A), 904(a)(14)(B), inserted “on aging” after “area agencies”, struck out “designated under section 3025 of this title” after “such State”, and substituted “objectives” for “purposes”.

    Enacted provision · exact public law section
    (C) Section 308(b)(3)(B)(iii) of the Older Americans Act of 1965 (42 U.S.C. 3028(b)(3)(B)(iii)) is amended by striking “designated under section 305”.

23. 1992

    Older Americans Act Amendments of 1992

    Pub. L. 102–375 title I § 102(b)(9)(C) · 106 Stat. 1195

    1. Amended · 42 U.S.C. § 3028(b)(4)

       Pub. L. 102–375, §§ 308(2)(A), 904(a)(14)(B), designated existing provisions as subpar. (A)

    2. Inserted · 42 U.S.C. § 3028(b)(4)

       Pub. L. 102–375, §§ 308(2)(A), 904(a)(14)(B), inserted “and except as provided in subparagraph (B)” after “provision of this subchapter”

    3. Substituted · 42 U.S.C. § 3028(b)(4)

       Pub. L. 102–375, §§ 308(2)(A), 904(a)(14)(B), substituted “received by a State and attributable to funds appropriated under paragraph (1) or (2) of section 3023(b) of this title, the” for “received under section 3023(b)(1) and (2) of this title, a”

    4. Substituted · 42 U.S.C. § 3028(b)(4)

       Pub. L. 102–375, §§ 308(2)(A), 904(a)(14)(B), substituted “not more than 30 percent of the funds so received” for “a portion of the funds appropriated”

    5. Substituted · 42 U.S.C. § 3028(b)(4)

       Pub. L. 102–375, §§ 308(2)(A), 904(a)(14)(B), substituted “objectives” for “purposes”

    6. Added · 42 U.S.C. § 3028(b)(4)

       Pub. L. 102–375, §§ 308(2)(A), 904(a)(14)(B), added subpar. (B)

    Source evidence

    Code amendment note
    Subsec. (b)(4). Pub. L. 102–375, §§ 308(2)(A), 904(a)(14)(B), designated existing provisions as subpar. (A), inserted “and except as provided in subparagraph (B)” after “provision of this subchapter”, substituted “received by a State and attributable to funds appropriated under paragraph (1) or (2) of section 3023(b) of this title, the” for “received under section 3023(b)(1) and (2) of this title, a”, “not more than 30 percent of the funds so received” for “a portion of the funds appropriated”, and “objectives” for “purposes”, and added subpar. (B).

    Enacted provision · exact public law section
    (C) Section 308(b)(3)(B)(iii) of the Older Americans Act of 1965 (42 U.S.C. 3028(b)(3)(B)(iii)) is amended by striking “designated under section 305”.

24. 1992

    Older Americans Act Amendments of 1992

    Pub. L. 102–375 § 308(2)(B) · 106 Stat. 1195

    1. Added · 42 U.S.C. § 3028(b)(5)(7)

       Pub. L. 102–375, § 308(2)(B), added pars. (5) to (7)

    2. Struck · 42 U.S.C. § 3028(b)(5)(7)

       Pub. L. 102–375, § 308(2)(B), struck out former par. (5) which read as follows:

    Source evidence

    Code amendment note
    Subsec. (b)(5) to (7). Pub. L. 102–375, § 308(2)(B), added pars. (5) to (7) and struck out former par. (5) which read as follows:

    “(A) Notwithstanding any other provisions of this subchapter and except as provided in subparagraph (B), with respect to funds received under subsection (a)(1) and subsection (b) of section 3023 of this title, a State may elect to transfer not more than 20 per centum of the funds allotted for any fiscal year between programs under part B and part C of this subchapter, for use as the State considers appropriate. The State shall notify the Commissioner of any such election. “(B) Of the funds received under subsections (a)(1) and (b) of section 3023 of this title, a State may elect to transfer under subparagraph (A) not more than 30 percent of the funds allotted for any fiscal year.”

    Enacted provision · exact public law section
    (B) by striking paragraph (5) and inserting the following: “(5) (A) Notwithstanding any other provision of this title and except as provided in subparagraph (B), of the funds received by a State attributable to funds appropriated under subsection (a)(1), and paragraphs (1) and (2) of subsection (b), of section 303, the State may elect to transfer not more than 30 percent for fiscal year 1993, not more than 25 percent for fiscal year 1994, not more than 25 percent for fiscal year 1995, and not more than 20 percent for fiscal year 1996, between programs under part B and part C, for use as the State considers appropriate. The State shall notify the Commissioner of any such election. “(B) (i) If a State demonstrates, to the satisfaction of the Commissioner, that funds received by the State and attributable to funds appropriated under part B or part C (including funds transferred under subparagraph (A) without regard to this subparagraph) for fiscal year 1994 or 1995 are insufficient to satisfy the need for services under such part, then the Commissioner may grant a waiver that permits the State to transfer under subparagraph (A) to satisfy such need an additional 5 percent of the funds so received for such fiscal year. “(ii) If a State demonstrates, to the satisfaction of the Commissioner, that funds received by the State and attributable to funds appropriated under part B or part C (including funds transferred under subparagraph (A) without regard to this subparagraph) for fiscal year 1996 are insufficient to satisfy the need for services under such part, then the Commissioner may grant a waiver that permits the State to transfer under subparagraph (A) to satisfy such need an additional 8 percent of the funds so received for such fiscal year. “(C) At a minimum, the application described in subparagraph (A) shall include a description of the amount to be transferred, the purposes of the transfer, the need for the transfer, and the impact of the transfer on the provision of services from which the funding will be transferred. The Commissioner shall approve or deny the application in writing. “(6) A State agency may not delegate to an area agency on aging or any other entity the authority to make a transfer under paragraph (4)(A) or (5)(A). “(7) The Commissioner shall annually collect, and include in the report required by section 207(a), data regarding the transfers described in paragraphs (4)(A) and (5)(A), including— “(A) the amount of funds involved in the transfers, analyzed by State; “(B) the rationales for the transfers; “(C) in the case of transfers described in paragraphs (4)(A) and (5)(A), the effect of the transfers of the provision of services, including the effect on the number of meals served, under— “(i) subpart 1 of part C; and “(ii) subpart 2 of part C; and “(D) in the case of transfers described in paragraph (5)(A)— “(i) in the case of transfers to part B, information on the supportive services, or services provided through senior centers, for which the transfers were used; and “(ii) the effect of the transfers on the provision of services provided under— “(I) part B; and “(II) part C, including the effect on the number of meals served.”.

25. 1993

    Older Americans Act Technical Amendments of 1993

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

    Substituted · 42 U.S.C. § 3028

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

    Source evidence

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

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

26. 2000

    Pub. L. 106–501 § 307(1)(A)(ii) · 114 Stat. 2226

    Substituted · 42 U.S.C. § 3028(b)(4)(A)

    Pub. L. 106–501, § 307(1)(A)(ii), substituted “40 percent” for “30 percent”

    Source evidence

    Code amendment note
    Subsec. (b)(4)(A). Pub. L. 106–501, § 307(1)(A)(ii), substituted “40 percent” for “30 percent”.

    Enacted provision · exact public law section
    (ii) by striking “30 percent” and inserting “40 percent”;

27. 2000

    Pub. L. 106–501 § 307(1)(A)(i) · 114 Stat. 2226

    Struck · 42 U.S.C. § 3028(b)(4)(A)

    Pub. L. 106–501, § 307(1)(A)(i), which directed amendment of subpar. (A) by striking “in its plan under section 3027(a)(13) of this title regarding Part C of this subchapter,” was executed by striking “in its plan under section 3027(a)(13) regarding part C of this subchapter,” after “the State may elect” to reflect the probable intent of Congress

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 106–501, § 307(1)(A)(i), which directed amendment of subpar. (A) by striking “in its plan under section 3027(a)(13) of this title regarding Part C of this subchapter,” was executed by striking “in its plan under section 3027(a)(13) regarding part C of this subchapter,” after “the State may elect” to reflect the probable intent of Congress.

    Enacted provision · exact public law section
    (i) by striking “in its plan under section 307(a)(13) regarding Part C of this title,”; and

28. 2000

    Pub. L. 106–501 § 307(1)(B) · 114 Stat. 2226

    Substituted · 42 U.S.C. § 3028(b)(4)(B)

    Pub. L. 106–501, § 307(1)(B), substituted “for any fiscal year” for “for fiscal year 1993, 1994, 1995, or 1996” and “to satisfy such need an additional 10 percent of the funds so received by a State and attributable to funds appropriated under paragraph (1) or (2) of section 3023(b) of this title.” for “to satisfy such need—

    Source evidence

    Code amendment note
    Subsec. (b)(4)(B). Pub. L. 106–501, § 307(1)(B), substituted “for any fiscal year” for “for fiscal year 1993, 1994, 1995, or 1996” and “to satisfy such need an additional 10 percent of the funds so received by a State and attributable to funds appropriated under paragraph (1) or (2) of section 3023(b) of this title.” for “to satisfy such need—

    “(i) an additional 18 percent of the funds so received for fiscal year 1993; “(ii) an additional 15 percent of the funds so received for each of the fiscal years 1994 and 1995; and “(iii) an additional 10 percent of the funds so received for fiscal year 1996.”

    Enacted provision · exact public law section
    (B) in subparagraph (B)— (i) by striking “Tor fiscal year 1993, 1994, 1995, or 1996” and inserting “for any fiscal year”; and (ii) by striking “to satisfy such need—” and all that follows and inserting “to satisfy such need an additional 10 percent of the funds so received by a State and attributable to funds appropriated under paragraph (1) or (2) of section 303(b)”; and

29. 2000

    Pub. L. 106–501 § 307(1)(C) · 114 Stat. 2226

    Added · 42 U.S.C. § 3028(b)(4)(C)

    Pub. L. 106–501, § 307(1)(C), added subpar. (C)

    Source evidence

    Code amendment note
    Subsec. (b)(4)(C). Pub. L. 106–501, § 307(1)(C), added subpar. (C).

    Enacted provision · exact public law section
    (C) by adding at the end the following: “(C) A State’s request for a waiver under subparagraph (B) shall— “(i) be not more than one page in length; “(ii) include a request that the waiver be granted; “(iii) specify the amount of the funds received by a State and attributable to funds appropriated under paragraph (1) or (2) of section 303(b), over the permissible 40 percent referred to in subparagraph (A), that the State requires to satisfy the need for services under subpart 1 or 2 of part C; and “(iv) not include a request for a waiver with respect to an amount if the transfer of the amount would jeopardize the appropriate provision of services under subpart 1 or 2 of part C.”; and

30. 2000

    Pub. L. 106–501 § 307(2) · 114 Stat. 2226

    1. Added · 42 U.S.C. § 3028(b)(5)

       Pub. L. 106–501, § 307(2), added par. (5)

    2. Struck · 42 U.S.C. § 3028(b)(5)

       Pub. L. 106–501, § 307(2), struck out former par. (5) which authorized election by a State to transfer funds for fiscal years 1993 through 1996 between programs under parts B and C of this subchapter, provided for a State to obtain a need-based waiver to transfer additional funds, and related to required contents and approval of the application for such transfer of funds

    Source evidence

    Code amendment note
    Subsec. (b)(5). Pub. L. 106–501, § 307(2), added par. (5) and struck out former par. (5) which authorized election by a State to transfer funds for fiscal years 1993 through 1996 between programs under parts B and C of this subchapter, provided for a State to obtain a need-based waiver to transfer additional funds, and related to required contents and approval of the application for such transfer of funds.

    Enacted provision · exact public law section
    (2) by striking paragraph (5) and inserting the following; “(5) (A) Notwithstanding any other provision of this title, of the funds received by a State attributable to funds appropriated under subsection (a)(1), and paragraphs (1) and (2) of subsection (b), of section 303, the State may elect to transfer not more than 30 percent for any fiscal year between programs under part B and part C, for use as the State considers appropriate. The State shall notify the Assistant Secretary of any such election. “(B) At a minimum, the notification described in subparagraph (A) shall include a description of the amount to be transferred, the purposes of the transfer, the need for the transfer, and the impact of the transfer on the provision of services from which the funding will be transferred.”.

31. 2020

    Supporting Older Americans Act of 2020

    Pub. L. 116–131 § 209(1) · 131 Stat. 240

    Substituted · 42 U.S.C. § 3028(a)(1); 42 U.S.C. § 3028(a)(2)

    Pub. L. 116–131, § 209(1), substituted “subsection (b)” for “subsection (b)(1)”

    Source evidence

    Code amendment note
    Subsec. (a)(1), (2). Pub. L. 116–131, § 209(1), substituted “subsection (b)” for “subsection (b)(1)”.

    Enacted provision · exact public law section
    (1) in subsection (a), in paragraphs (1) and (2), by striking “subsection (b)(1)” and inserting “subsection (b)”; and

32. 2020

    Supporting Older Americans Act of 2020

    Pub. L. 116–131 § 209(2)(A)(i) · 131 Stat. 240

    Substituted · 42 U.S.C. § 3028(b)(1)(A)

    Pub. L. 116–131, § 209(2)(A)(i), substituted “subparagraph (B)” for “clause (ii)” and “greater of—”, cl. (i), and designation for cl. (ii) for “greater of 5 percent of the allotment to a State under section 3024(a)(1) of this title or”

    Source evidence

    Code amendment note
    Subsec. (b)(1)(A). Pub. L. 116–131, § 209(2)(A)(i), substituted “subparagraph (B)” for “clause (ii)” and “greater of—”, cl. (i), and designation for cl. (ii) for “greater of 5 percent of the allotment to a State under section 3024(a)(1) of this title or”.

    Enacted provision · exact public law section
    (i) in subparagraph (A)— (I) by striking “clause (ii)” and inserting “subparagraph (B)”; and (II) by striking “greater of” and all that follows through “or” and inserting the following: “greater of— “(i) 5 percent of the total amount of the allotments made to a State under sections 304(a)(1) and 373(f); or “(ii) ” ; and

33. 2020

    Supporting Older Americans Act of 2020

    Pub. L. 116–131 § 209(2)(A)(ii) · 131 Stat. 240

    Substituted · 42 U.S.C. § 3028(b)(1)(B)

    Pub. L. 116–131, § 209(2)(A)(ii), substituted “such total amount” for “such allotment”

    Source evidence

    Code amendment note
    Subsec. (b)(1)(B). Pub. L. 116–131, § 209(2)(A)(ii), substituted “such total amount” for “such allotment”.

    Enacted provision · exact public law section
    (ii) in subparagraph (B), by striking “such allotment” and inserting “such total amount”; and

34. 2020

    Supporting Older Americans Act of 2020

    Pub. L. 116–131 § 209(2)(A)(i) · 131 Stat. 240

    1. Substituted · 42 U.S.C. § 3028(b)(2)(A)

       Pub. L. 116–131, § 209(2)(A)(i), (B), substituted “subparagraph (B)” for “clause (ii)” and “greater of—”, cl. (i), and designation for cl. (ii) for “greater of 5 percent of the allotment to a State under section 3024(a)(1) of this title or” and, in cl. (ii)

    2. Substituted · 42 U.S.C. § 3028(b)(2)(A)

       Pub. L. 116–131, § 209(2)(A)(i), (B), substituted “$750,000” for “$500,000”

    Source evidence

    Code amendment note
    Subsec. (b)(2)(A). Pub. L. 116–131, § 209(2)(A)(i), (B), substituted “subparagraph (B)” for “clause (ii)” and “greater of—”, cl. (i), and designation for cl. (ii) for “greater of 5 percent of the allotment to a State under section 3024(a)(1) of this title or” and, in cl. (ii), substituted “$750,000” for “$500,000”.

    Enacted provision · exact public law section
    (i) in subparagraph (A)— (I) by striking “clause (ii)” and inserting “subparagraph (B)”; and (II) by striking “greater of” and all that follows through “or” and inserting the following: “greater of— “(i) 5 percent of the total amount of the allotments made to a State under sections 304(a)(1) and 373(f); or “(ii) ” ; and

35. 2020

    Supporting Older Americans Act of 2020

    Pub. L. 116–131 § 209(2)(A)(ii) · 131 Stat. 240

    Substituted · 42 U.S.C. § 3028(b)(2)(B)

    Pub. L. 116–131, § 209(2)(A)(ii), substituted “such total amount” for “such allotment”

    Source evidence

    Code amendment note
    Subsec. (b)(2)(B). Pub. L. 116–131, § 209(2)(A)(ii), substituted “such total amount” for “such allotment”.

    Enacted provision · exact public law section
    (ii) in subparagraph (B), by striking “such allotment” and inserting “such total amount”; and

36. 2020

    Supporting Older Americans Act of 2020

    Pub. L. 116–131 § 210 · 131 Stat. 240

    Added · 42 U.S.C. § 3028(b)(4)(D)

    Pub. L. 116–131, § 210, added subpar. (D)

    Source evidence

    Code amendment note
    Subsec. (b)(4)(D). Pub. L. 116–131, § 210, added subpar. (D).

    Enacted provision · exact public law section
    SEC. 210. IMPROVEMENTS TO NUTRITION PROGRAMS.   Section 308(b)(4) (42 U.S.C. 3028(b)(4)) is amended by adding at the end the following: “(D) The State, in consultation with area agencies on aging, shall ensure the process used by the State in transferring funds under this paragraph (including requirements relating to the authority and timing of such transfers) is simplified and clarified to reduce administrative barriers and direct limited resources to the greatest nutrition service needs at the community level. Such process shall be modified to attempt to lessen the administrative barriers of such transfers, and help direct limited resources to where they are needed the most as the unmet need for nutrition services grows.” .

37. 2020

    Supporting Older Americans Act of 2020

    Pub. L. 116–131 § 211 · 131 Stat. 240

    Added · 42 U.S.C. § 3028(b)(8)

    Pub. L. 116–131, § 211, added par. (8)

    Source evidence

    Code amendment note
    Subsec. (b)(8). Pub. L. 116–131, § 211, added par. (8).

    Enacted provision · exact public law section
    SEC. 211. REVIEW OF REPORTS.   Section 308(b) (42 U.S.C. 3028(b)) is amended by adding at the end the following: “(8) The Assistant Secretary shall review the reports submitted under section 307(a)(30) and include aggregate data in the report required by section 207(a), including data on— “(A) the effectiveness of the programs, policies, and services provided by area agencies on aging in assisting older individuals whose needs were the focus of all centers funded under title IV in fiscal year 2019; and “(B) outreach efforts and other activities carried out to satisfy the assurances described in paragraphs (18) and (19) of section 306(a), to identify such older individuals and their service needs.” .

51 of 52 references resolved to an enrolled provision · 1 partial