42 U.S.C. § 3020d — Surplus property eligibility

Page 5709 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3020d this chapter, the Assistant Secretary shall de- velop and implement uniform monitoring proce- dures and reporting requirements consistent with the provisions of subparagraphs (A) through (E) of section 3026(a)(13) of this title in consultation with the State agencies and area agencies on aging. The Assistant Secretary shall annually prepare and submit to the chairpersons and ranking members of the appropriate com- mittees of Congress a report analyzing all such agreements, and the costs incurred and services provided under the agreements. This report shall contain information on the number of the agreements per State, summaries of all the agreements, and information on the type of or- ganizations participating in the agreements, types of services provided under the agreements, and the net proceeds from, and documentation of funds spent and reimbursed, under the agree- ments. (d) Timely reimbursement All reimbursements made under this section shall be made in a timely manner, according to standards specified by the Assistant Secretary. (e) Cost In this section, the term ‘‘cost’’ means an ex- pense, including an administrative expense, in- curred by a recipient in developing or carrying out an agreement described in subsection (a), whether the recipient contributed funds, staff time, or other plant, equipment, or services to meet the expense. (Pub. L. 89–73, title II, § 212, formerly § 213, as added Pub. L. 95–478, title I, § 102(i), Oct. 18, 1978, 92 Stat. 1516; amended Pub. L. 97–35, title VI, § 606(c), Aug. 13, 1981, 95 Stat. 486; renumbered § 212, Pub. L. 97–115, § 2(e)(2), Dec. 29, 1981, 95 Stat. 1596; Pub. L. 100–175, title I, § 107(c), Nov. 29, 1987, 101 Stat. 931; Pub. L. 103–171, § 3(a)(4), Dec. 2, 1993, 107 Stat. 1990; Pub. L. 109–365, title II, § 207, Oct. 17, 2006, 120 Stat. 2536.) Editorial Notes PRIOR PROVISIONS A prior section 212 of Pub. L. 89–73 was renumbered section 211 and is classified to section 3020b of this title. AMENDMENTS 2006—Pub. L. 109–365 amended section generally. Prior to amendment, text read as follows: ‘‘None of the provi- sions of this chapter shall be construed to prevent a re- cipient of a grant or a contract from entering into an agreement, subject to the approval of the State agency (or in the case of a grantee under subchapter X of this chapter, subject to the recommendation of the Director of the Office for American Indian, Alaskan Native, and Native Hawaiian Aging and the approval of the Assist- ant Secretary), with a profitmaking organization to carry out the provisions of this chapter and of the ap- propriate State plan.’’ 1993—Pub. L. 103–171 substituted ‘‘Director of the Of- fice for’’ for ‘‘Associate Commissioner on’’ and ‘‘Assist- ant Secretary’’ for ‘‘Commissioner’’. 1987—Pub. L. 100–175 inserted ‘‘(or in the case of a grantee under subchapter X of this chapter, subject to the recommendation of the Associate Commissioner on American Indian, Alaskan Native, and Native Hawaiian Aging and the approval of the Commissioner)’’ after ‘‘State agency’’. 1981—Pub. L. 97–35 struck out provisions respecting demonstration of superiority by the organization. Statutory Notes and Related Subsidiaries 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 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. § 3020d. Surplus property eligibility Any State or local government agency, and any nonprofit organization or institution, which receives funds appropriated for programs for older individuals under this chapter, under title IV or title XX of the Social Security Act [42 U.S.C. 601 et seq., 1397 et seq.], or under titles VIII and X of the Economic Opportunity Act of 1964 [42 U.S.C. 2991 et seq., 2996 et seq.] and the Community Services Block Grant Act [42 U.S.C. 9901 et seq.], shall be deemed eligible to receive for such programs, property which is declared surplus to the needs of the Federal Government in accordance with laws applicable to surplus property. (Pub. L. 89–73, title II, § 213, formerly § 214, as added Pub. L. 95–478, title I, § 102(i), Oct. 18, 1978, 92 Stat. 1516; renumbered § 213 and amended Pub. L. 97–115, § 2(e)(2), (k), Dec. 29, 1981, 95 Stat. 1596.) Editorial Notes REFERENCES IN TEXT The Social Security Act, referred to in text, is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as Titles IV and XX of the Social Security Act are classified generally to subchapters IV (§ 601 et seq.) and XX (§ 1397 et seq.), re- spectively, of chapter 7 of this title. For complete clas- sification of this Act to the Code, see section 1305 of this title and Tables. The Economic Opportunity Act of 1964, referred to in text, is Pub. L. 88–452, Aug. 20, 1964, 78 Stat. 508, which was classified generally to chapter 34 (§ 2701 et seq.) of this title prior to repeal, except for titles VIII and X, by Pub. L. 97–35, title VI, § 683(a), Aug. 13, 1981, 95 Stat. 519. Titles VIII and X of the Economic Opportunity Act of 1964 are classified generally to subchapters VIII (§ 2991 et seq.) and X (§ 2996 et seq.) of chapter 34 of this title. For complete classification of this Act to the Code, see Tables. The Community Services Block Grant Act, referred to in text, is subtitle B (§ 671 et seq.) of title VI of Pub. L. 97–35, Aug. 13, 1981, 95 Stat. 511, which is classified generally to chapter 106 (§ 9901 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 9901 of this title and Tables. PRIOR PROVISIONS A prior section 213 of Pub. L. 89–73 was renumbered section 212 and is classified to section 3020c of this title. AMENDMENTS 1981—Pub. L. 97–115, § 2(k), substituted ‘‘titles VIII and X of the Economic Opportunity Act of 1964 and the Community Services Block Grant Act’’ for ‘‘the Eco- nomic Opportunity Act of 1964’’. Page 5710 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3020e Statutory Notes and Related Subsidiaries 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. § 3020e. Nutrition education The Assistant Secretary, in consultation with the Secretary of Agriculture, shall conduct out- reach and provide technical assistance to agen- cies and organizations that serve older individ- uals to assist such agencies and organizations to carry out integrated health promotion and dis- ease prevention programs that— (1) are designed for older individuals; and (2) include— (A) nutrition education; (B) physical activity; and (C) other activities to modify behavior and to improve health literacy, including pro- viding information on optimal nutrient in- take, through nutrition education and nutri- tion assessment and counseling, in accord- ance with section 3030g–21(2)(J) of this title. (Pub. L. 89–73, title II, § 214, as added Pub. L. 102–375, title II, § 209, Sept. 30, 1992, 106 Stat. 1215; amended Pub. L. 103–171, § 3(a)(13), Dec. 2, 1993, 107 Stat. 1990; Pub. L. 106–501, title VIII, § 801(b)(5), Nov. 13, 2000, 114 Stat. 2292; Pub. L. 109–365, title II, § 208, Oct. 17, 2006, 120 Stat. 2537.) Editorial Notes AMENDMENTS 2006—Pub. L. 109–365 amended section generally. Prior to amendment, text read as follows: ‘‘The Assistant Secretary and the Secretary of Agriculture may pro- vide technical assistance and appropriate material to agencies carrying out nutrition education programs in accordance with section 3030g–21(2)(J) of this title.’’ 2000—Pub. L. 106–501 substituted ‘‘3030g–21(2)(J)’’ for ‘‘3027(a)(13)(J)’’. 1993—Pub. L. 103–171 substituted ‘‘Assistant Sec- retary’’ for ‘‘Commissioner’’. § 3020e–1. Pension counseling and information programs (a) Definitions In this section: (1) Pension and other retirement benefits The term ‘‘pension and other retirement benefits’’ means private, civil service, and other public pensions and retirement benefits, including benefits provided under— (A) the Social Security program under title II of the Social Security Act (42 U.S.C. 401 et seq.); (B) the railroad retirement program under the Railroad Retirement Act of 1974 (45 U.S.C. 231 et seq.); (C) the government retirement benefits programs under the Civil Service Retire- ment System set forth in chapter 83 of title 5, the Federal Employees Retirement Sys- tem set forth in chapter 84 of title 5, or other Federal retirement systems; or (D) employee pension benefit plans as de- fined in section 1002(2) of title 29. (2) Pension counseling and information pro- gram The term ‘‘pension counseling and informa- tion program’’ means a program described in subsection (b). (b) Program authorized The Assistant Secretary shall award grants to eligible entities to establish and carry out pen- sion counseling and information programs that create or continue a sufficient number of pen- sion assistance and counseling programs to pro- vide outreach, information, counseling, referral, and other assistance regarding pension and other retirement benefits, and rights related to such benefits, to individuals in the United States. (c) Eligible entities The Assistant Secretary shall award grants under this section to— (1) State agencies or area agencies on aging; and (2) nonprofit organizations with a proven record of providing— (A) services related to retirement of older individuals; (B) services to Native Americans; or (C) specific pension counseling. (d) Citizen advisory panel The Assistant Secretary shall establish a cit- izen advisory panel to advise the Assistant Sec- retary regarding which entities should receive grant awards under this section. Such panel shall include representatives of business, labor, national senior advocates, and national pension rights advocates. The Assistant Secretary shall consult such panel prior to awarding grants under this section. (e) Application To be eligible to receive a grant under this section, an entity shall submit an application to the Assistant Secretary at such time, in such manner, and containing such information as the Assistant Secretary may require, including— (1) a plan to establish a pension counseling and information program that— (A) establishes or continues a State or area pension counseling and information program; (B) serves a specific geographic area; (C) provides counseling (including direct counseling and assistance to individuals who need information regarding pension and other retirement benefits) and information that may assist individuals in obtaining, or establishing rights to, and filing claims or complaints regarding, pension and other re- tirement benefits; (D) provides information on sources of pen- sion and other retirement benefits; (E) establishes a system to make referrals for legal services and other advocacy pro- grams; (F) establishes a system of referral to Fed- eral, State, and local departments or agen- cies related to pension and other retirement benefits; (G) provides a sufficient number of staff positions (including volunteer positions) to