42 U.S.C. § 2996k — Coordination

Page 5665 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2996k may be necessary for fiscal year 1977. There are authorized to be appropriated for the purpose of carrying out the activities of the Corporation $205,000,000 for the fiscal year 1978, and such sums as may be necessary for each of the two succeeding fiscal years. The first appropriation may be made available to the Corporation at any time after six or more members of the Board have been appointed and qualified. Appro- priations for that purpose shall be made for not more than two fiscal years, and shall be paid to the Corporation in annual installments at the beginning of each fiscal year in such amounts as may be specified in Acts of Congress making ap- propriations. (b) Availability of funds Funds appropriated pursuant to this section shall remain available until expended. (c) Non-Federal funds Non-Federal funds received by the Corpora- tion, and funds received by any recipient from a source other than the Corporation, shall be ac- counted for and reported as receipts and dis- bursements separate and distinct from Federal funds; but any funds so received for the provi- sion of legal assistance shall not be expended by recipients for any purpose prohibited by this subchapter, except that this provision shall not be construed to prevent recipients from receiv- ing other public funds or tribal funds (including foundation funds benefiting Indians or Indian tribes) and expending them in accordance with the purposes for which they are provided, or to prevent contracting or making other arrange- ments with private attorneys, private law firms, or other State or local entities of attorneys, or with legal aid societies having separate public defender programs, for the provision of legal as- sistance to eligible clients under this sub- chapter. (d) Limitations on grant or contract authority Not more than 10 percent of the amounts ap- propriated pursuant to subsection (a) of this sec- tion for any fiscal year shall be available for grants or contracts under section 2996e(a)(3) of this title in any such year. (Pub. L. 88–452, title X, § 1010, as added Pub. L. 93–355, § 2, July 25, 1974, 88 Stat. 388; amended Pub. L. 95–222, §§ 5(c), 15, Dec. 28, 1977, 91 Stat. 1619, 1623.) Editorial Notes AMENDMENTS 1977—Subsec. (a). Pub. L. 95–222, § 15, inserted provi- sions authorizing appropriations for fiscal year 1978 and two succeeding fiscal years, and substituted provisions requiring appropriations to be made for not more than two fiscal years and payments in annual installments at beginning of each fiscal year in appropriated amounts, for provisions requiring appropriations to be for not more than two fiscal years, and, if for more than one year, in payments in annual installments at beginning of each fiscal year in appropriated amounts. Subsec. (d). Pub. L. 95–222, § 5(c), added subsec. (d). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1977 AMENDMENT Amendment by section 5(c) of Pub. L. 95–222 effective Dec. 28, 1977, see section 17(b) of Pub. L. 95–222, set out as a note under section 2996 of this title. Pub. L. 95–222, § 17(a)(2), Dec. 28, 1977, 91 Stat. 1624, provided that: ‘‘The amendment made by section 15 of this Act [amending this section] shall be effective with respect to fiscal years beginning after September 30, 1977.’’ § 2996j. Special limitations The Corporation shall prescribe procedures to insure that— (1) financial assistance under this sub- chapter shall not be suspended unless the grantee, contractor, or person or entity re- ceiving financial assistance under this sub- chapter has been given reasonable notice and opportunity to show cause why such action should not be taken; and (2) financial assistance under this sub- chapter shall not be terminated, an applica- tion for refunding shall not be denied, and a suspension of financial assistance shall not be continued for longer than thirty days, unless the grantee, contractor, or person or entity re- ceiving financial assistance under this sub- chapter has been afforded reasonable notice and opportunity for a timely, full, and fair hearing, and, when requested, such hearing shall be conducted by an independent hearing examiner. Such hearing shall be held prior to any final decision by the Corporation to ter- minate financial assistance or suspend or deny funding. Hearing examiners shall be appointed by the Corporation in accordance with proce- dures established in regulations promulgated by the Corporation. (Pub. L. 88–452, title X, § 1011, as added Pub. L. 93–355, § 2, July 25, 1974, 88 Stat. 388; amended Pub. L. 95–222, § 16, Dec. 28, 1977, 91 Stat. 1624.) Editorial Notes AMENDMENTS 1977—Par. (2). Pub. L. 95–222 inserted provisions relat- ing to function and appointment of an independent hearing examiner, and the time for any hearings. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1977 AMENDMENT Amendment by Pub. L. 95–222 effective Dec. 28, 1977, see section 17(b) of Pub. L. 95–222, set out as a note under section 2996 of this title. § 2996k. Coordination The President may direct that appropriate support functions of the Federal Government may be made available to the Corporation in carrying out its activities under this sub- chapter, to the extent not inconsistent with other applicable law. (Pub. L. 88–452, title X, § 1012, as added Pub. L. 93–355, § 2, July 25, 1974, 88 Stat. 388.) Executive Documents EX. ORD. NO. 11874. DELEGATION OF FUNCTIONS TO DIRECTOR OF OFFICE OF MANAGEMENT AND BUDGET Ex. Ord. No. 11874 eff. July 25, 1975, 40 F.R. 31737, pro- vided: By virtue of the authority vested in me by Section 1012 of the Economic Opportunity Act of 1964, as amended by the Legal Services Corporation Act of 1974 Page 5666 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2996l (88 Stat. 388, 42 U.S.C. 2996k), and Section 301 of Title 3 of the United States Code, and as President of the United States, the Director of the Office of Manage- ment and Budget is hereby designated and empowered to exercise the authority vested in the President by said Section 1012 of the Economic Opportunity Act of 1964, as amended [this section], to direct that appro- priate support functions of the Federal Government may be made available to the Legal Services Corpora- tion in carrying out its activities, to the extent not in- consistent with other applicable law. Such functions shall be provided under terms and conditions as may be agreed upon by the Legal Services Corporation and the Federal agencies involved. GERALD R. FORD. § 2996l. Reservation of right to repeal, alter, or amend The right to repeal, alter, or amend this sub- chapter at any time is expressly reserved. (Pub. L. 88–452, title X, § 1013, as added Pub. L. 93–355, § 2, July 25, 1974, 88 Stat. 388.) CHAPTER 35—PROGRAMS FOR OLDER AMERICANS SUBCHAPTER I—DECLARATION OF OBJECTIVES AND DEFINITIONS Sec. 3001. Congressional declaration of objectives. 3002. Definitions. 3003. Congressional declaration of additional objectives. SUBCHAPTER II—ADMINISTRATION ON AGING 3011. Establishment of Administration on Aging. 3012. Functions of Assistant Secretary. 3013. Federal agency consultation. 3013a. Consultation with State agencies, area agencies on aging, and Native Amer- ican grant recipients. 3014. Repealed. 3015. Gifts and donations. 3016. Authority of Assistant Secretary. 3017. Evaluation of programs. 3018. Reports to Congress. 3019. Joint funding of projects. 3020. Advance funding. 3020a. Application of other laws; costs of projects under this chapter not treated as income or benefits under other laws. 3020b. Reduction of paperwork. 3020c. Contracting and grant authority; private pay relationships; appropriate use of funds. 3020d. Surplus property eligibility. 3020e. Nutrition education. 3020e–1. Pension counseling and information pro- grams. 3020f. Authorization of appropriations. 3020g. National Technical Assistance Center on Grandfamilies and Kinship Families. SUBCHAPTER III—GRANTS FOR STATE AND COMMUNITY PROGRAMS ON AGING PART A—GENERAL PROVISIONS 3021. Purpose and program. 3022. Definitions. 3023. Authorization of appropriations; uses of funds. 3024. Allotment to States. 3025. Designation of State agencies. 3026. Area plans. 3027. State plans. 3028. Cost of administration of State plans. 3029. Payments of grants or contracts. Sec. 3030. Disaster relief reimbursements. 3030a. Nutrition services incentive program. 3030b. Recapture of payments made for multi- purpose senior centers. 3030c. Audit; request for information. 3030c–1. Rights relating to in-home services for frail older individuals. 3030c–2. Consumer contributions. 3030c–3. Waivers. PART B—SUPPORTIVE SERVICES 3030d. Grants for supportive services. PART C—NUTRITION SERVICES 3030d–21. Purposes. SUBPART I—CONGREGATE NUTRITION SERVICES 3030e. Grants for establishment and operation of nutrition projects. SUBPART II—HOME DELIVERED NUTRITION SERVICES 3030f. Program authorized. 3030g. Criteria. SUBPART III—GENERAL PROVISIONS 3030g–21. Nutrition. 3030g–22. Payment requirement. 3030g–23. Nutrition services impact study. PART D—EVIDENCE-BASED DISEASE PREVENTION AND HEALTH PROMOTION SERVICES 3030m. Program authorized. 3030n. Distribution to area agencies on aging. PART E—NATIONAL FAMILY CAREGIVER SUPPORT PROGRAM 3030s. Definitions. 3030s–1. Program authorized. 3030s–2. Maintenance of effort. SUBCHAPTER IV—ACTIVITIES FOR HEALTH, INDEPENDENCE, AND LONGEVITY 3031. Purposes. PART A—GRANT PROGRAMS 3032. Program authorized. 3032a. Career preparation for the field of aging. 3032b. Older individuals’ protection from vio- lence projects. 3032c. Health care service demonstration projects in rural areas. 3032d. Repealed. 3032e. Technical assistance and innovation to improve transportation for older indi- viduals. 3032f. Demonstration, support, and research projects for multigenerational and civic engagement activities. 3032g. Native American programs. 3032h. Repealed. 3032i. Demonstration and support projects for legal assistance for older individuals. 3032j. Repealed. 3032k. Community innovations for aging in place. PART B—GENERAL PROVISIONS 3033. Payment of grants. 3033a. Responsibilities of Assistant Secretary. SUBCHAPTER V—MULTIPURPOSE SENIOR CENTERS PART A—ACQUISITION, ALTERATION, OR RENOVATION OF MULTIPURPOSE SENIOR CENTERS 3041 to 3041f. Repealed. PART B—INITIAL STAFFING OF MULTIPURPOSE SENIOR CENTERS 3042. Repealed.