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42 U.S.C. § 3030s — Definitions

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 3030s — Definitions

**(a) In general** In this part: (1) **Caregiver assessment** — The term “caregiver assessment” means a defined process of gathering information to identify the specific needs, barriers to carrying out caregiving responsibilities, and existing supports of a family caregiver or older relative caregiver, as identified by the caregiver involved, to appropriately target recommendations for support services described in [section 3030s–1(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3030s–1/b&num=0&edition=prelim). Such assessment shall be administered through direct contact with the caregiver, which may include contact through a home visit, the Internet, telephone or teleconference, or in-person interaction. (2) **Child** — The term “child” means an individual who is not more than 18 years of age. (3) **Individual with a disability** — The term “individual with a disability” means an individual with a disability, as defined in [section 12102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12102&num=0&edition=prelim), who is not less than age 18 and not more than age 59. (4) **Older relative caregiver** — The term “older relative caregiver” means a caregiver who— (A) (i) is age 55 or older; and (ii) lives with, is the informal provider of in-home and community care to, and is the primary caregiver for, a child or an individual with a disability; (B) in the case of a caregiver for a child— (i) is the grandparent, stepgrandparent, or other relative (other than the parent) by blood, marriage, or adoption, of the child; (ii) is the primary caregiver of the child because the biological or adoptive parents are unable or unwilling to serve as the primary caregiver

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 3030s

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Stable record: federal_law:legal_authorities:record_usc_406c4467b36264b9bd4261f3
Source file: Laws/federal/codes/united-states-code/title-42/section-3030s-definitions--6b6a1f87a6.md
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Source location: Title 42, Chapter 35, § 3030s; chapter-035-programs-for-older-americans.md

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**(a) In general** In this part: (1) **Caregiver assessment** — The term “caregiver assessment” means a defined process of gathering information to identify the specific needs, barriers to carrying out caregiving responsibilities, and existing supports of a family caregiver or older relative caregiver, as identified by the caregiver involved, to appropriately target recommendations for support services described in [section 3030s–1(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3030s–1/b&num=0&edition=prelim). Such assessment shall be administered through direct contact with the caregiver, which may include contact through a home visit, the Internet, telephone or teleconference, or in-person interaction. (2) **Child** — The term “child” means an individual who is not more than 18 years of age. (3) **Individual with a disability** — The term “individual with a disability” means an individual with a disability, as defined in [section 12102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12102&num=0&edition=prelim), who is not less than age 18 and not more than age 59. (4) **Older relative caregiver** — The term “older relative caregiver” means a caregiver who— (A) (i) is age 55 or older; and (ii) lives with, is the informal provider of in-home and community care to, and is the primary caregiver for, a child or an individual with a disability; (B) in the case of a caregiver for a child— (i) is the grandparent, stepgrandparent, or other relative (other than the parent) by blood, marriage, or adoption, of the child; (ii) is the primary caregiver of the child because the biological or adoptive parents are unable or unwilling to serve as the primary caregivers of the child; and (iii) has a legal relationship to the child, such as legal custody, adoption, or guardianship, or is raising the child informally; and (C) in the case of a caregiver for an individual with a disability, is the parent, grandparent, or other relative by blood, marriage, or adoption, of the individual with a disability. **(b) Rule** In providing services under this part, for family caregivers who provide care for individuals with Alzheimer’s disease and related disorders with neurological and organic brain dysfunction, the State involved shall give priority to caregivers who provide care for older individuals with such disease or disorder.

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1419 — Preschool grants

**(a) In general** The Secretary shall provide grants under this section to assist States to provide special education and related services, in accordance with this subchapter— (1) to children with disabilities aged 3 through 5, inclusive; and (2) at the State’s discretion, to 2-year-old children with disabilities who will turn 3 during the school year. **(b) Eligibility** A State shall be eligible for a grant under this section if such State— (1) is eligible under [section 1412 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1412&num=0&edition=prelim) to receive a grant under this subchapter; and (2) makes a free appropriate public education available to all children with disabilities, aged 3 through 5, residing in the State. **(c) Allocations to States** (1) **In general** — The Secretary shall allocate the amount made available to carry out this section for a fiscal year among the States in accordance with paragraph (2) or (3), as the case may be. (2) **Increase in funds** — If the amount available for allocations to States under paragraph (1) for a fiscal year is equal to or greater than the amount allocated to the States under this section for the preceding fiscal year, those allocations shall be calculated as follows: (A) *Allocation* (i) *In general* — Except as provided in subparagraph (B), the Secretary shall— (I) allocate to each State the amount the State received under this section for fiscal year 1997; (II) allocate 85 percent of any remaining funds to States on the basis of the States’ relative populations of children aged 3 through 5; and (III) allocate 15 percent of those remaining funds to States on the basis of the States’ relative populations of all children aged 3 through

Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1419

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1431 — Findings and policy

**(a) Findings** Congress finds that there is an urgent and substantial need— (1) to enhance the development of infants and toddlers with disabilities, to minimize their potential for developmental delay, and to recognize the significant brain development that occurs during a child’s first 3 years of life; (2) to reduce the educational costs to our society, including our Nation’s schools, by minimizing the need for special education and related services after infants and toddlers with disabilities reach school age; (3) to maximize the potential for individuals with disabilities to live independently in society; (4) to enhance the capacity of families to meet the special needs of their infants and toddlers with disabilities; and (5) to enhance the capacity of State and local agencies and service providers to identify, evaluate, and meet the needs of all children, particularly minority, low-income, inner city, and rural children, and infants and toddlers in foster care. **(b) Policy** It is the policy of the United States to provide financial assistance to States— (1) to develop and implement a statewide, comprehensive, coordinated, multidisciplinary, interagency system that provides early intervention services for infants and toddlers with disabilities and their families; (2) to facilitate the coordination of payment for early intervention services from Federal, State, local, and private sources (including public and private insurance coverage); (3) to enhance State capacity to provide quality early intervention services and expand and improve existing early intervention services being provided to infants and toddlers with disabilities and their families; and (4) to encourage States to expand opportunities for children under 3 years of age who would be at risk

Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1431

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 3001 — Congressional declaration of objectives

The Congress hereby finds and declares that, in keeping with the traditional American concept of the inherent dignity of the individual in our democratic society, the older people of our Nation are entitled to, and it is the joint and several duty and responsibility of the governments of the United States, of the several States and their political subdivisions, and of Indian tribes to assist our older people to secure equal opportunity to the full and free enjoyment of the following objectives: (1) An adequate income in retirement in accordance with the American standard of living. (2) The best possible physical and mental health (including access to person-centered, trauma-informed services as appropriate) which science can make available and without regard to economic status. (3) Obtaining and maintaining suitable housing, independently selected, designed and located with reference to special needs and available at costs which older citizens can afford. (4) Full restoration services for those who require institutional care, and a comprehensive array of community-based, long-term care services adequate to appropriately sustain older people in their communities and in their homes, including support to family members and other persons providing voluntary care to older individuals needing long-term care services. (5) Opportunity for employment with no discriminatory personnel practices because of age. (6) Retirement in health, honor, dignity—after years of contribution to the economy. (7) Participating in and contributing to meaningful activity within the widest range of civic, cultural, education and training and recreational opportunities. (8) Efficient community services, including access to low-cost transportation, which provide a choice in supported living ar

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 3001

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Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 794 — Disability, Independent Living, and Rehabilitation Research Advisory Council

**(a) Establishment** Subject to the availability of appropriations, the Secretary shall establish in the Department of Health and Human Services a Disability, Independent Living, and Rehabilitation Research Advisory Council (referred to in this section as the “Council”) composed of not less than 12 members appointed by the Secretary. **(b) Duties** The Council shall advise the Director with respect to research priorities and the development and revision of the 5-year plan required by [section 762(h) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section762/h&num=0&edition=prelim). **(c) Qualifications** Members of the Council shall be generally representative of the community of disability, independent living, and rehabilitation professionals, the community of disability, independent living, and rehabilitation researchers, the directors of independent living centers and community rehabilitation programs, the business community (including a representative of the small business community) that has experience with the system of vocational rehabilitation services and independent living services carried out under this chapter and with hiring individuals with disabilities, the community of stakeholders involved in assistive technology, the community of covered school professionals, and the community of individuals with disabilities, and the individuals’ representatives. At least one-half of the members shall be individuals with disabilities or the individuals’ representatives. **(d) Terms of appointment** (1) **Length of term** — Each member of the Council shall serve for a term of up to 3 years, determined by the Secretary, except that— (A) a member appointed to fill a vacancy occurring prior to the expiration of the term for whic

Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 794

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 1001 — Definitions

In this chapter: (1) **Administrator.—** — The term “Administrator” means the Administrator of General Services. (2) **Advisory committee.—** (A) *In general.—* — The term “advisory committee” means a committee, board, commission, council, conference, panel, task force, or other similar group, or any subcommittee or other subgroup thereof (hereafter in this paragraph referred to as “committee”) that is established or utilized to obtain advice or recommendations for the President or one or more agencies or officers of the Federal Government and that is— (i) established by statute or reorganization plan; (ii) established or utilized by the President; or (iii) established or utilized by one or more agencies. (B) *Exclusions.—* — The term “advisory committee” excludes— (i) a committee that is composed wholly of full-time, or permanent part-time, officers or employees of the Federal Government; and (ii) a committee that is created by the National Academy of Sciences or the National Academy of Public Administration. (3) **Agency.—** — The term “agency” has the meaning given the term in [section 551 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section551&num=0&edition=prelim). (4) **Presidential advisory committee.—** — The term “Presidential advisory committee” means an advisory committee that advises the President.

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 1001

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 12102 — Alternative means of dispute resolution

Where appropriate and to the extent authorized by law, the use of alternative means of dispute resolution, including settlement negotiations, conciliation, facilitation, mediation, factfinding, minitrials, and arbitration, is encouraged to resolve disputes arising under this chapter.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 12102

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 12101 — Definitions

**(a) Homosexuality and bisexuality** For purposes of the definition of “disability” in section 12102(2) 11 See References in Text note below. of this title, homosexuality and bisexuality are not impairments and as such are not disabilities under this chapter. **(b) Certain conditions** Under this chapter, the term “disability” shall not include— (1) transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments, or other sexual behavior disorders; (2) compulsive gambling, kleptomania, or pyromania; or (3) psychoactive substance use disorders resulting from current illegal use of drugs.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 12101

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1396a — State plans for medical assistance

**(a) Contents** A State plan for medical assistance must— (1) provide that it shall be in effect in all political subdivisions of the State, and, if administered by them, be mandatory upon them; (2) provide for financial participation by the State equal to not less than 40 per centum of the non-Federal share of the expenditures under the plan with respect to which payments under [section 1396b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396b&num=0&edition=prelim) are authorized by this subchapter; and, effective July 1, 1969, provide for financial participation by the State equal to all of such non-Federal share or provide for distribution of funds from Federal or State sources, for carrying out the State plan, on an equalization or other basis which will assure that the lack of adequate funds from local sources will not result in lowering the amount, duration, scope, or quality of care and services available under the plan; (3) provide for granting an opportunity for a fair hearing before the State agency to any individual whose claim for medical assistance under the plan is denied or is not acted upon with reasonable promptness; (4) provide (A) such methods of administration (including methods relating to the establishment and maintenance of personnel standards on a merit basis, except that the Secretary shall exercise no authority with respect to the selection, tenure of office, and compensation of any individual employed in accordance with such methods, including provision for utilization of professional medical personnel in the administration and, where administered locally, supervision of administration of the plan, and, subject to [section 1396b(i) of this title](https://uscode.house.gov/view.xhtml?req=granulei

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1396a

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 3012 — Functions of Assistant Secretary

**(a) Duties and functions of Administration** It shall be the duty and function of the Administration to— (1) serve as the effective and visible advocate for older individuals within the Department of Health and Human Services and with other departments, agencies, and instrumentalities of the Federal Government by maintaining active review and commenting responsibilities over all Federal policies affecting older individuals; (2) collect and disseminate information related to problems of the aged and aging; (3) directly assist the Secretary in all matters pertaining to problems of the aged and aging; (4) administer the grants provided by this chapter, but not approve an application submitted by an applicant for a grant for an activity under a provision of this chapter for which such applicant previously received a grant under such provision unless the Assistant Secretary determines— (A) the activity for which such application was submitted is being operated, or was operated, effectively to achieve its stated purpose; and (B) such applicant has complied with the assurances provided to the Assistant Secretary with the application for such previous grant.11 So in original. The period probably should be a semicolon. (5) develop plans, conduct and arrange for research in the field of aging, and assist in the establishment and implementation of programs designed to meet the health and economic needs of older individuals for supportive services, including nutrition, hospitalization, education and training services (including preretirement training, and continuing education), cultural experiences, activities, and services, including in the arts, low-cost transportation and housing, assistive technology, and health (including mental and behavioral health) services; (

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 3012

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 3030s–1 — Program authorized

**(a) In general** The Assistant Secretary shall carry out a program for making grants to States with State plans approved under [section 3027 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3027&num=0&edition=prelim), to pay for the Federal share of the cost of carrying out State programs, to enable area agencies on aging, or entities that such area agencies on aging contract with, to provide multifaceted systems of support services— (1) for family caregivers; and (2) for older relative caregivers. **(b) Support services** The services provided, which may be informed through the use of caregiver assessments, in a State program under subsection (a), by an area agency on aging, or entity that such agency has contracted with, shall include— (1) information to caregivers about available services; (2) assistance to caregivers in gaining access to the services; (3) individual counseling, organization of support groups, and caregiver training to assist the caregivers in the areas of health, nutrition, and financial literacy, and in making decisions and solving problems relating to their caregiving roles; (4) respite care to enable caregivers to be temporarily relieved from their caregiving responsibilities; and (5) supplemental services, on a limited basis, to complement the care provided by caregivers. **(c) Population served; priority** (1) **Population served** — Services under a State program under this part shall be provided to family caregivers, and older relative caregivers, who— (A) are described in paragraph (1) or (2) of subsection (a); and (B) with regard to the services specified in paragraphs (4) and (5) of subsection (b), in the case of a caregiver described in paragraph (1), is providing care to an olde

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 3030s–1

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