42 U.S.C. § 3025 — Designation of State agencies

Page 5722 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3025 1981—Subsec. (a)(1). Pub. L. 97–115, § 4(a), substituted ‘‘under parts B and C for each fiscal year’’ for ‘‘under parts B and C for fiscal years 1979, 1980, and 1981’’. Subsec. (d)(1)(B). Pub. L. 97–115, § 4(c)(3), added sub- par. (B). Former subpar. (B) redesignated (C). Subsec. (d)(1)(C). Pub. L. 97–115, § 4(b), (c)(2), redesig- nated subpar. (B) as (C) and substituted ‘‘85 percent of the cost of supportive services, senior centers, and nu- trition services under this subchapter’’ for ‘‘90 percent in fiscal years 1979 and 1980, and 85 percent in fiscal year 1981, of the cost of social services and nutrition services authorized under parts B and C’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2020 AMENDMENT Pub. L. 116–131, title II, § 204(b), Mar. 25, 2020, 134 Stat. 256, provided that: ‘‘Section 304(a)(3)(D) (42 U.S.C. 3024(a)(3)(D)) is repealed, effective October 1, 2029.’’ EFFECTIVE DATE OF 1992 AMENDMENT Amendment by section 304 (excluding pars. (1) and (2) of subsec. (a)) of Pub. L. 102–375 inapplicable with re- spect to fiscal year 1993, see section 4(b) of Pub. L. 103–171, set out as a note under section 3001 of this title. Amendment by section 304 of Pub. L. 102–375 inappli- cable with respect to fiscal year 1992, see section 905(b)(2) of Pub. L. 102–375, set out as a note under sec- tion 3001 of this title. EFFECTIVE DATE OF 1987 AMENDMENT Amendment by Pub. L. 100–175 effective Oct. 1, 1987, except not applicable with respect to any area plan sub- mitted 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. EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–459 effective Oct. 9, 1984, see section 803(a) of Pub. L. 98–459, set out as a note under section 3001 of this title. EFFECTIVE DATE Section effective at close of Sept. 30, 1978, see section 504 of Pub. L. 95–478, set out as an Effective Date of 1978 Amendment note under section 3001 of this title. § 3025. Designation of State agencies (a) Duties of designated agency In order for a State to be eligible to partici- pate in programs of grants to States from allot- ments under this subchapter— (1) the State shall, in accordance with regu- lations of the Assistant Secretary, designate a State agency as the sole State agency to— (A) develop a State plan to be submitted to the Assistant Secretary for approval under section 3027 of this title; (B) administer the State plan within such State; (C) be primarily responsible for the plan- ning, policy development, administration, coordination, priority setting, and evalua- tion of all State activities related to the ob- jectives of this chapter; (D) serve as an effective and visible advo- cate for older individuals by reviewing and commenting upon all State plans, budgets, and policies which affect older individuals and providing technical assistance to any agency, organization, association, or indi- vidual representing the needs of older indi- viduals; and (E) divide the State into distinct planning and service areas (or in the case of a State specified in subsection (b)(5)(A), designate the entire State as a single planning and service area), in accordance with guidelines issued by the Assistant Secretary, after con- sidering the geographical distribution of older individuals in the State, the incidence of the need for supportive services, nutrition services, multipurpose senior centers, and legal assistance, the distribution of older in- dividuals who have greatest economic need (with particular attention to low-income older individuals, including low-income mi- nority older individuals, older individuals with limited English proficiency, and older individuals residing in rural areas) residing in such areas, the distribution of older indi- viduals who have greatest social need (with particular attention to low-income older in- dividuals, including low-income minority older individuals, older individuals with lim- ited English proficiency, and older individ- uals residing in rural areas) residing in such areas, the distribution of older individuals who are Indians residing in such areas, the distribution of resources available to provide such services or centers, the boundaries of existing areas within the State which were drawn for the planning or administration of supportive services programs, the location of units of general purpose local government within the State, and any other relevant fac- tors; (2) the State agency shall— (A) except as provided in subsection (b)(5), designate for each such area after consider- ation of the views offered by the unit or units of general purpose local government in such area, a public or private nonprofit agency or organization as the area agency on aging for such area; (B) provide assurances, satisfactory to the Assistant Secretary, that the State agency will take into account, in connection with matters of general policy arising in the de- velopment and administration of the State plan for any fiscal year, the views of recipi- ents of supportive services or nutrition serv- ices, or individuals using multipurpose sen- ior centers provided under such plan; (C) in consultation with area agencies, in accordance with guidelines issued by the As- sistant Secretary, and using the best avail- able data, develop and publish for review and comment a formula for distribution within the State of funds received under this sub- chapter that takes into account— (i) the geographical distribution of older individuals in the State; and (ii) the distribution among planning and service areas of older individuals with greatest economic need and older individ- uals with greatest social need, with par- ticular attention to low-income minority older individuals; (D) submit its formula developed under subparagraph (C) to the Assistant Secretary for approval; (E) provide assurances that preference will be given to providing services to older indi- Page 5723 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3025 viduals with greatest economic need and older individuals with greatest social need (with particular attention to low-income older individuals, including low-income mi- nority older individuals, older individuals with limited English proficiency, and older individuals residing in rural areas), and in- clude proposed methods of carrying out the preference in the State plan; (F) provide assurances that the State agency will require use of outreach efforts described in section 3027(a)(16) of this title; and (G)(i) set specific objectives, in consulta- tion with area agencies on aging, for each planning and service area for providing serv- ices funded under this subchapter to low-in- come minority older individuals and older individuals residing in rural areas; (ii) provide an assurance that the State agency will undertake specific program de- velopment, advocacy, and outreach efforts focused on the needs of low-income minority older individuals and older individuals resid- ing in rural areas; and (iii) provide a description of the efforts de- scribed in clause (ii) that will be undertaken by the State agency; and (3) the State agency shall, consistent with this section, promote the development and im- plementation of a State system of long-term care that is a comprehensive, coordinated sys- tem that enables older individuals to receive long-term care in home and community-based settings, in a manner responsive to the needs and preferences of the older individuals and their family caregivers, by— (A) collaborating, coordinating, and con- sulting with other agencies in such State re- sponsible for formulating, implementing, and administering programs, benefits, and services related to providing long-term care; (B) participating in any State government activities concerning long-term care, includ- ing reviewing and commenting on any State rules, regulations, and policies related to long-term care; (C) conducting analyses and making rec- ommendations with respect to strategies for modifying the State system of long-term care to better— (i) respond to the needs and preferences of older individuals and family caregivers; (ii) facilitate the provision, by service providers, of long-term care in home and community-based settings; and (iii) target services to individuals at risk for institutional placement, to permit such individuals to remain in home and community-based settings; (D) implementing (through area agencies on aging, service providers, and such other entities as the State determines to be appro- priate) evidence-based programs to assist older individuals and their family caregivers in learning about and making behavioral changes intended to reduce the risk of in- jury, disease, and disability among older in- dividuals; and (E) providing for the availability and dis- tribution (through public education cam- paigns, Aging and Disability Resource Cen- ters, area agencies on aging, and other ap- propriate means) of information relating to— (i) the need to plan in advance for long- term care; and (ii) the full range of available public and private long-term care (including inte- grated long-term care) programs, options, service providers, and resources. (b) Planning and service areas (1) In carrying out the requirement of sub- section (a)(1), the State may designate as a plan- ning and service area any unit of general pur- pose local government which has a population of 100,000 or more. In any case in which a unit of general purpose local government makes appli- cation to the State agency under the preceding sentence to be designated as a planning and service area, the State agency shall, upon re- quest, provide an opportunity for a hearing to such unit of general purpose local government. A State may designate as a planning and service area under subsection (a)(1), any region within the State recognized for purposes of areawide planning which includes one or more such units of general purpose local government when the State determines that the designation of such a regional planning and service area is necessary for, and will enhance, the effective administra- tion of the programs authorized by this sub- chapter. The State may include in any planning and service area designated under subsection (a)(1) such additional areas adjacent to the unit of general purpose local government or regions so designated as the State determines to be nec- essary for, and will enhance the effective admin- istration of the programs authorized by this sub- chapter. (2) The State is encouraged in carrying out the requirement of subsection (a)(1) to include the area covered by the appropriate economic devel- opment district involved in any planning and service area designated under subsection (a)(1), and to include all portions of an Indian reserva- tion within a single planning and service area, if feasible. (3) The chief executive officer of each State in which a planning and service area crosses State boundaries, or in which an interstate Indian res- ervation is located, may apply to the Assistant Secretary to request redesignation as an inter- state planning and service area comprising the entire metropolitan area or Indian reservation. If the Assistant Secretary approves such an ap- plication, the Assistant Secretary shall adjust the State allotments of the areas within the planning and service area in which the inter- state planning and service area is established to reflect the number of older individuals within the area who will be served by an interstate planning and service area not within the State. (4) Whenever a unit of general purpose local government, a region, a metropolitan area or an Indian reservation is denied designation under the provisions of subsection (a)(1), such unit of general purpose local government, region, met- ropolitan area, or Indian reservation may appeal the decision of the State agency to the Assistant Secretary. The Assistant Secretary shall afford Page 5724 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3025 such unit, region, metropolitan area, or Indian reservation an opportunity for a hearing. In car- rying out the provisions of this paragraph, the Assistant Secretary may approve the decision of the State agency, disapprove the decision of the State agency and require the State agency to designate the unit, region, area, or Indian res- ervation appealing the decision as a planning and service area, or take such other action as the Assistant Secretary deems appropriate. (5)(A) A State which on or before October 1, 1980, had designated, with the approval of the Assistant Secretary, a single planning and serv- ice area covering all of the older individuals in the State, in which the State agency was admin- istering the area plan, may after that date des- ignate one or more additional planning and serv- ice areas within the State to be administered by public or private nonprofit agencies or organiza- tions as area agencies on aging, after consid- ering the factors specified in subsection (a)(1)(E). The State agency shall continue to perform the functions of an area agency on aging for any area of the State not included in a planning and service area for which an area agency on aging has been designated. (B) Whenever a State agency designates a new area agency on aging after October 9, 1984, the State agency shall give the right to first refusal to a unit of general purpose local government if (i) such unit can meet the requirements of sub- section (c), and (ii) the boundaries of such a unit and the boundaries of the area are reasonably contiguous. (C)(i) A State agency shall establish and fol- low appropriate procedures to provide due proc- ess to affected parties, if the State agency initi- ates an action or proceeding to— (I) revoke the designation of the area agency on aging under subsection (a); (II) designate an additional planning and service area in a State; (III) divide the State into different planning and service areas; or (IV) otherwise affect the boundaries of the planning and service areas in the State. (ii) The procedures described in clause (i) shall include procedures for— (I) providing notice of an action or pro- ceeding described in clause (i); (II) documenting the need for the action or proceeding; (III) conducting a public hearing for the ac- tion or proceeding; (IV) involving area agencies on aging, serv- ice providers, and older individuals in the ac- tion or proceeding; and (V) allowing an appeal of the decision of the State agency in the action or proceeding to the Assistant Secretary. (iii) An adversely affected party involved in an action or proceeding described in clause (i) may bring an appeal described in clause (ii)(V) on the basis of— (I) the facts and merits of the matter that is the subject of the action or proceeding; or (II) procedural grounds. (iv) In deciding an appeal described in clause (ii)(V), the Assistant Secretary may affirm or set aside the decision of the State agency. If the Assistant Secretary sets aside the decision, and the State agency has taken an action described in subclauses (I) through (III) of clause (i), the State agency shall nullify the action. (c) Eligible State area agencies; development of area; preferred area agency on aging des- ignees An area agency on aging designated under sub- section (a) shall be— (1) an established office of aging which is op- erating within a planning and service area des- ignated under subsection (a); (2) any office or agency of a unit of general purpose local government, which is designated to function only for the purpose of serving as an area agency on aging by the chief elected official of such unit; (3) any office or agency designated by the appropriate chief elected officials of any com- bination of units of general purpose local gov- ernment to act only on behalf of such com- bination for such purpose; (4) any public or nonprofit private agency in a planning and service area, or any separate organizational unit within such agency, which is under the supervision or direction for this purpose of the designated State agency and which can and will engage only in the plan- ning or provision of a broad range of sup- portive services, or nutrition services within such planning and service area; or (5) in the case of a State specified in sub- section (b)(5), the State agency; and shall provide assurance, determined ade- quate by the State agency, that the area agency on aging will have the ability to develop an area plan and to carry out, directly or through con- tractual or other arrangements, a program in accordance with the plan within the planning and service area. In designating an area agency on aging within the planning and service area or within any unit of general purpose local govern- ment designated as a planning and service area the State shall give preference to an established office on aging, unless the State agency finds that no such office within the planning and serv- ice area will have the capacity to carry out the area plan. (d) Publication for review and comment; con- tents The publication for review and comment re- quired by paragraph (2)(C) of subsection (a) shall include— (1) a descriptive statement of the formula’s assumptions and goals, and the application of the definitions of greatest economic or social need, (2) a numerical statement of the actual fund- ing formula to be used, (3) a listing of the population, economic, and social data to be used for each planning and service area in the State, and (4) a demonstration of the allocation of funds, pursuant to the funding formula, to each planning and service area in the State. (Pub. L. 89–73, title III, § 305, as added Pub. L. 95–478, title I, § 103(b), Oct. 18, 1978, 92 Stat. 1520; amended Pub. L. 97–115, §§ 3(d), 5, Dec. 29, 1981, 95 Stat. 1597; Pub. L. 98–459, title III, § 305, Oct. 9, Page 5725 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3025 1984, 98 Stat. 1773; Pub. L. 100–175, title I, §§ 124, 132(a), 134(a)(1), 182(e)(2), (g), (h), Nov. 29, 1987, 101 Stat. 933, 939, 940, 965; Pub. L. 100–628, title VII, § 705(4), Nov. 7, 1988, 102 Stat. 3247; Pub. L. 102–375, title I, § 102(b)(9)(B), (10)(B)–(D), title III, § 305, title IX, § 904(a)(11), Sept. 30, 1992, 106 Stat. 1201, 1202, 1222, 1306; Pub. L. 103–171, §§ 2(8), 3(a)(13), Dec. 2, 1993, 107 Stat. 1988, 1990; Pub. L. 106–501, title III, § 304, title VIII, § 801(c)(3), Nov. 13, 2000, 114 Stat. 2239, 2292; Pub. L. 109–365, title III, § 305, Oct. 17, 2006, 120 Stat. 2539; Pub. L. 114–144, § 4(c), Apr. 19, 2016, 130 Stat. 338.) Editorial Notes PRIOR PROVISIONS A prior section 3025, Pub. L. 89–73, title III, § 305, as added Pub. L. 93–29, title III, § 301, May 3, 1973, 87 Stat. 41; Pub. L. 94–135, title I, §§ 106(a), (b), 114(e), Nov. 28, 1975, 89 Stat. 715, 725, related to State plans, prior to the general amendment of this subchapter by Pub. L. 95–478. See section 3027 of this title. Another prior section 3025, Pub. L. 89–73, title III, § 306, formerly § 305, July 14, 1965, 79 Stat. 224; renum- bered § 306, Pub. L. 91–69, § 5, Sept. 17, 1969, 83 Stat. 110, related to payments of grants for State and community programs on aging, adjustments, advances or reim- bursement, and installments, prior to repeal by Pub. L. 93–29, title III, § 301, May 3, 1973, 87 Stat. 36. Provisions similar to those comprising this section were contained in Pub. L. 89–73, title III, § 304, as added Pub. L. 93–29, title III, § 301, May 3, 1973, 87 Stat. 38; Pub. L. 94–135, title I, §§ 105, 106(c), Nov. 28, 1975, 89 Stat. 715, 716, which was classified to section 3024 of this title prior to repeal by Pub. L. 95–478. AMENDMENTS 2016—Subsec. (b)(5)(C)(i)(III). Pub. L. 114–144 sub- stituted ‘‘planning and service areas’’ for ‘‘planning and services areas’’. 2006—Subsec. (a)(1)(E). Pub. L. 109–365, § 305(1)(A), sub- stituted ‘‘(with particular attention to low-income older individuals, including low-income minority older individuals, older individuals with limited English pro- ficiency, and older individuals residing in rural areas)’’ for ‘‘(with particular attention to low-income minority individuals and older individuals residing in rural areas)’’ in two places. Subsec. (a)(2)(E). Pub. L. 109–365, § 305(2)(A), sub- stituted ‘‘(with particular attention to low-income older individuals, including low-income minority older individuals, older individuals with limited English pro- ficiency, and older individuals residing in rural areas)’’ for ‘‘, with particular attention to low-income minor- ity individuals and older individuals residing in rural areas’’. Subsec. (a)(3). Pub. L. 109–365, § 305(1)(B), (2)(B), (3), added par. (3). 2000—Subsec. (a)(1)(E). Pub. L. 106–501, § 304(1), in- serted ‘‘and older individuals residing in rural areas’’ after ‘‘low-income minority individuals’’ in two places. Subsec. (a)(2)(E). Pub. L. 106–501, § 304(2)(A), struck out comma and inserted ‘‘and older individuals residing in rural areas,’’ after ‘‘low-income minority individ- uals’’. Subsec. (a)(2)(F). Pub. L. 106–501, § 801(c)(3), sub- stituted ‘‘3027(a)(16)’’ for ‘‘3027(a)(24)’’. Subsec. (a)(2)(G)(i). Pub. L. 106–501, § 304(2)(B), in- serted ‘‘and older individuals residing in rural areas’’ after ‘‘low-income minority older individuals’’. Subsec. (a)(2)(G)(ii). Pub. L. 106–501, § 304(2)(C), which directed the insertion of ‘‘and older individuals residing in rural areas’’ after ‘‘low-income minority individ- uals’’, was executed by making the insertion after ‘‘low-income minority older individuals’’, to reflect the probable intent of Congress. 1993—Subsec. (a). Pub. L. 103–171, § 3(a)(13), sub- stituted ‘‘Assistant Secretary’’ for ‘‘Commissioner’’ wherever appearing. Subsec. (b)(1). Pub. L. 103–171, § 2(8), substituted ‘‘area under subsection (a)(1)’’ for ‘‘area under clause (1) of subsection (a)’’ and ‘‘designated under subsection (a)(1)’’ for ‘‘designated under clause (1) of subsection (a)’’. Subsec. (b)(2). Pub. L. 103–171, § 2(8), substituted ‘‘re- quirement of subsection (a)(1)’’ for ‘‘requirement of clause (1) of subsection (a)’’. Subsec. (b)(3) to (5). Pub. L. 103–171, § 3(a)(13), sub- stituted ‘‘Assistant Secretary’’ for ‘‘Commissioner’’ wherever appearing. 1992—Subsec. (a)(1)(C). Pub. L. 102–375, § 305(a)(1), amended subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: ‘‘be primarily responsible for the coordination of all State activities related to the purposes of this chapter;’’. Subsec. (a)(1)(D). Pub. L. 102–375, § 904(a)(11)(A)(i)(I), substituted ‘‘older individuals’’ for ‘‘the elderly’’ wher- ever appearing. Subsec. (a)(1)(E). Pub. L. 102–375, § 904(a)(11)(A)(i)(II), (III), inserted ‘‘individuals who are’’ before ‘‘Indians’’ and substituted ‘‘older individuals’’ for ‘‘individuals aged 60 and older’’. Subsec. (a)(2). Pub. L. 102–375, § 904(a)(11)(A)(ii)(I), which directed the substitution of ‘‘subparagraph’’ for ‘‘clause’’, could not be executed because of the inter- vening amendment by Pub. L. 102–375, § 102(b)(9)(B). See below. Pub. L. 102–375, § 102(b)(9)(B), struck out ‘‘designated under clause (1)’’ after ‘‘agency’’ in introductory provi- sions. Subsec. (a)(2)(C). Pub. L. 102–375, § 305(a)(2), amended subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: ‘‘develop a formula, in accordance with guidelines issued by the Commissioner, for the dis- tribution within the State of funds received under this subchapter, taking into account, to the maximum ex- tent feasible, the best available statistics on the geo- graphical distribution of individuals aged 60 and older in the State, and publish such formula for review and comment in accordance with subsection (d) of this sec- tion;’’. Subsec. (a)(2)(D). Pub. L. 102–375, § 904(a)(11)(A)(ii)(II), substituted ‘‘subparagraph’’ for ‘‘subclause’’. Pub. L. 102–375, § 305(a)(2)(B), substituted ‘‘for ap- proval’’ for ‘‘for review and comment’’. Subsec. (a)(2)(E). Pub. L. 102–375, § 904(a)(11)(A)(ii)(III), substituted ‘‘greatest economic need and older individ- uals with greatest social need’’ for ‘‘the greatest eco- nomic or social needs’’. Pub. L. 102–375, § 305(a)(2)(C), struck out ‘‘and’’ at end. Subsec. (a)(2)(F). Pub. L. 102–375, § 305(a)(2)(D), amend- ed subpar. (F) generally. Prior to amendment, subpar. (F) read as follows: ‘‘assure the use of outreach efforts that will identify individuals eligible for assistance under this chapter, with special emphasis on older indi- viduals with the greatest economic or social needs (with particular attention to low-income minority indi- viduals) and inform such individuals of the availability of such assistance.’’ Subsec. (a)(2)(G). Pub. L. 102–375, § 305(a)(2)(E), added subpar. (G). Subsec. (b)(1). Pub. L. 102–375, § 904(a)(11)(B)(i), sub- stituted ‘‘requirement of subsection (a)(1)’’ for ‘‘re- quirement of clause (1) of subsection (a)’’. Subsec. (b)(2). Pub. L. 102–375, § 904(a)(11)(B)(ii), sub- stituted ‘‘designated under subsection (a)(1)’’ for ‘‘des- ignated under such clause’’. Subsec. (b)(4). Pub. L. 102–375, § 904(a)(11)(B)(i), sub- stituted ‘‘subsection (a)(1)’’ for ‘‘clause (1) of subsection (a)’’. Subsec. (b)(5)(A). Pub. L. 102–375, § 102(b)(10)(B), sub- stituted ‘‘area agency on aging’’ for ‘‘area agency’’ in two places. Subsec. (b)(5)(C). Pub. L. 102–375, § 305(b), added sub- par. (C). Subsec. (c). Pub. L. 102–375, § 102(b)(10)(D), substituted ‘‘area agency on aging’’ for ‘‘area agency’’ in con- cluding provisions of first sentence. Subsec. (c)(2). Pub. L. 102–375, § 102(b)(10)(C), sub- stituted ‘‘area agency on aging’’ for ‘‘area agency’’. Page 5726 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3026 Subsec. (d). Pub. L. 102–375, § 904(a)(11)(C), substituted ‘‘paragraph’’ for ‘‘clause’’ in introductory provisions. 1988—Subsec. (a)(1)(E). Pub. L. 100–628, § 705(4)(A), sub- stituted ‘‘such areas,’’ for ‘‘such areas,,’’ before ‘‘dis- tribution of resources’’. Subsec. (d). Pub. L. 100–628, § 705(4)(B), redesignated subpars. (A), (B), (C), and (D) as pars. (1), (2), (3), and (4), respectively. 1987—Subsec. (a)(1)(E). Pub. L. 100–175, §§ 132(a)(1), 134(a)(1), 182(g), substituted ‘‘the distribution of older individuals who have greatest economic need (with par- ticular attention to low-income minority individuals) residing in such areas, the distribution of older individ- uals who have greatest social need (with particular at- tention to low-income minority individuals) residing in such areas,’’ for ‘‘the distribution of older individuals who have low incomes residing in such areas’’, inserted ‘‘the distribution of older Indians residing in such areas,’’ after second reference to ‘‘such areas,’’, and substituted ‘‘legal assistance’’ for ‘‘legal services’’. Subsec. (a)(2)(C). Pub. L. 100–175, § 182(h), inserted ‘‘in accordance with subsection (d) of this section’’ before semicolon at end. Subsec. (a)(2)(F). Pub. L. 100–175, § 132(a)(2), added sub- par. (F). Subsec. (c)(2). Pub. L. 100–175, § 124(1), inserted ‘‘to function only’’ after ‘‘designated’’. Subsec. (c)(3). Pub. L. 100–175, § 124(2), inserted ‘‘only’’ after ‘‘to act’’. Subsec. (c)(4). Pub. L. 100–175, § 124(3), inserted ‘‘, or any separate organizational unit within such agency,’’ after first reference to ‘‘area’’ and substituted ‘‘and will engage only’’ for ‘‘engage’’. Subsec. (d). Pub. L. 100–175, § 182(e)(2), struck out par. (1) designation before ‘‘The publication for review’’ and struck out par. (2) which read as follows: ‘‘For purposes of clause (2)(E) of subsection (a) of this section and paragraph (1) of this subsection, the term ‘greatest eco- nomic need’ means the need resulting from an income level at or below the poverty threshold established by the Bureau of the Census, and the term ‘greatest social need’ means the need caused by noneconomic factors which include physical and mental disabilities, lan- guage barriers, and cultural or social isolation includ- ing that caused by racial or ethnic status which re- stricts an individual’s ability to perform normal daily tasks or which threatens his or her capacity to live independently.’’ 1984—Subsec. (a)(1)(E). Pub. L. 98–459, § 305(a)(1), sub- stituted ‘‘subsection (b)(5)(A)’’ for ‘‘subsection (b)(5)’’. Subsec. (a)(2)(E). Pub. L. 98–459, § 305(a)(2), inserted ‘‘, with particular attention to low-income minority individuals,’’. Subsec. (b)(3). Pub. L. 98–459, § 305(b)(1), substituted ‘‘the Commissioner shall adjust’’ for ‘‘he shall adjust’’. Subsec. (b)(5). Pub. L. 98–459, § 305(b), designated ex- isting provisions as subpar. (A) and added subpar. (B). Subsec. (d). Pub. L. 98–459, § 305(c), added subsec. (d). 1981—Subsec. (a)(1)(E). Pub. L. 97–115, §§ 3(d), 5(a), sub- stituted ‘‘divide the State into distinct planning and service areas (or in the case of a State specified in sub- section (b)(5), designate the entire State as a single planning and service area)’’ for ‘‘divide the State into distinct areas’’ and ‘‘supportive services’’ for ‘‘social services’’ in two places. Subsec. (a)(2)(A). Pub. L. 97–115, § 5(b), substituted ‘‘except as provided in subsection (b)(5), designate for each such area’’ for ‘‘determine for which planning and service area an area plan will be developed, in accord- ance with section 3026 of this title, and for each such area designate,’’. Subsec. (a)(2)(B). Pub. L. 97–115, § 3(d), substituted ‘‘supportive services’’ for ‘‘social services’’. Subsec. (b)(5). Pub. L. 97–115, § 5(c), added par. (5). Subsec. (c)(4). Pub. L. 97–115, § 3(d), substituted ‘‘sup- portive services’’ for ‘‘social services’’. Subsec. (c)(5). Pub. L. 97–115, § 5(d), added par. (5). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1992 AMENDMENT Amendment by section 305 of Pub. L. 102–375 inappli- cable with respect to fiscal year 1993, see section 4(b) of Pub. L. 103–171, set out as a note under section 3001 of this title. Amendment by section 305 of Pub. L. 102–375 inappli- cable with respect to fiscal year 1992, see section 905(b)(2) of Pub. L. 102–375, set out as a note under sec- tion 3001 of this title. EFFECTIVE DATE OF 1987 AMENDMENT Amendment by Pub. L. 100–175 effective Oct. 1, 1987, except not applicable with respect to any area plan sub- mitted 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. EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–459 effective Oct. 9, 1984, see section 803(a) of Pub. L. 98–459, set out as a note under section 3001 of this title. EFFECTIVE DATE Section effective at close of Sept. 30, 1978, see section 504 of Pub. L. 95–478, set out as an Effective Date of 1978 Amendment note under section 3001 of this title. § 3026. Area plans (a) Preparation and development by area agency on aging; requirements Each area agency on aging designated under section 3025(a)(2)(A) of this title shall, in order to be approved by the State agency, prepare and develop an area plan for a planning and service area for a two-, three-, or four-year period deter- mined by the State agency, with such annual ad- justments as may be necessary. Each such plan shall be based upon a uniform format for area plans within the State prepared in accordance with section 3027(a)(1) of this title. Each such plan shall— (1) provide, through a comprehensive and co- ordinated system, for supportive services, nu- trition services, and, where appropriate, for the establishment, maintenance, moderniza- tion, or construction of multipurpose senior centers (including a plan to use the skills and services of older individuals in paid and unpaid work, including multigenerational and older individual to older individual work), within the planning and service area covered by the plan, including determining the extent of need for supportive services, nutrition services, and multipurpose senior centers in such area (tak- ing into consideration, among other things, the number of older individuals with low in- comes residing in such area, the number of older individuals who have greatest economic need (with particular attention to low-income older individuals, including low-income minor- ity older individuals, older individuals with limited English proficiency, and older individ- uals residing in rural areas) residing in such area, the number of older individuals who have greatest social need (with particular attention to low-income older individuals, including low-income minority older individuals, older individuals with limited English proficiency, and older individuals residing in rural areas)