42 U.S.C. § 3027 — State plans

Page 5736 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3027 Amendment by section 306 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. REFERENCE TO COMMUNITY, MIGRANT, PUBLIC HOUSING, OR HOMELESS HEALTH CENTER CONSIDERED REF- ERENCE TO HEALTH CENTER Reference to community health center, migrant health center, public housing health center, or home- less health center considered reference to health cen- ter, see section 4(c) of Pub. L. 104–299, set out as a note under section 254b of this title. IMPLEMENTATION INFORMATION Pub. L. 100–175, title I, § 155(g), Nov. 29, 1987, 101 Stat. 954, directed Commissioner on Aging, not later than Sept. 1, 1988, to analyze and compile information on successful and unsuccessful activities carried out to conduct outreach of the type described in 42 U.S.C. 3026(a)(6)(P) and distribute such information to State agencies on aging for dissemination to interested area agencies on aging to assist such area agencies in de- signing outreach activities. EVALUATION OF GUIDELINES Pub. L. 100–175, title I, § 155(h), Nov. 29, 1987, 101 Stat. 954, directed Commissioner on Aging to issue guidelines to be followed by State agencies on aging and area agencies on aging in conducting evaluations of out- reach activities carried out under former subsec. (a)(6)(P) of this section that would ensure that such evaluations are based on uniform criteria that provide a basis for the valid comparison of such outreach ac- tivities conducted by the various area agencies. § 3027. State plans (a) Criteria for eligibility; contents Except as provided in the succeeding sentence and section 3029(a) of this title, each State, in order to be eligible for grants from its allotment under this subchapter for any fiscal year, shall submit to the Assistant Secretary a State plan for a two-, three-, or four-year period deter- mined by the State agency, with such annual re- visions as are necessary, which meets such cri- teria as the Assistant Secretary may by regula- tion prescribe. If the Assistant Secretary deter- mines, in the discretion of the Assistant Sec- retary, that a State failed in 2 successive years to comply with the requirements under this sub- chapter, then the State shall submit to the As- sistant Secretary a State plan for a 1-year pe- riod that meets such criteria, for subsequent years until the Assistant Secretary determines that the State is in compliance with such re- quirements. Each such plan shall comply with all of the following requirements: (1) The plan shall— (A) require each area agency on aging des- ignated under section 3025(a)(2)(A) of this title to develop and submit to the State agency for approval, in accordance with a uniform format developed by the State agen- cy, an area plan meeting the requirements of section 3026 of this title; and (B) be based on such area plans. (2) The plan shall provide that the State agency will— (A) evaluate, using uniform procedures de- scribed in section 3012(a)(26) of this title, the need for supportive services (including legal assistance pursuant to subsection (a)(11), in- formation and assistance, and transpor- tation services), nutrition services, and mul- tipurpose senior centers within the State; (B) develop a standardized process to de- termine the extent to which public or pri- vate programs and resources (including vol- unteers and programs and services of vol- untary organizations) that have the capacity and actually meet such need; (C) specify a minimum proportion of the funds received by each area agency on aging in the State to carry out part B that will be expended (in the absence of a waiver under section 3026(c) or 3030c–3 of this title) by such area agency on aging to provide each of the categories of services specified in section 3026(a)(2) of this title. (3) The plan shall— (A) include (and may not be approved un- less the Assistant Secretary approves) the statement and demonstration required by paragraphs (2) and (4) of section 3025(d) of this title (concerning intrastate distribution of funds); and (B) with respect to services for older indi- viduals residing in rural areas— (i) provide assurances that the State agency will spend for each fiscal year, not less than the amount expended for such services for fiscal year 2000; (ii) identify, for each fiscal year to which the plan applies, the projected costs of pro- viding such services (including the cost of providing access to such services); and (iii) describe the methods used to meet the needs for such services in the fiscal year preceding the first year to which such plan applies. (4) The plan shall provide that the State agency will conduct periodic evaluations of, and public hearings on, activities and projects carried out in the State under this subchapter and subchapter XI, including evaluations of the effectiveness of services provided to indi- viduals with greatest economic need, greatest social need, or disabilities (with particular at- tention to low-income minority older individ- uals, older individuals with limited English proficiency, and older individuals residing in rural areas). (5) The plan shall provide that the State agency will— (A) afford an opportunity for a hearing upon request, in accordance with published Page 5737 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3027 procedures, to any area agency on aging sub- mitting a plan under this subchapter, to any provider of (or applicant to provide) services; (B) issue guidelines applicable to grievance procedures required by section 3026(a)(10) of this title; and (C) afford an opportunity for a public hear- ing, upon request, by any area agency on aging, by any provider of (or applicant to provide) services, or by any recipient of serv- ices under this subchapter regarding any waiver request, including those under sec- tion 3030c–3 of this title. (6) The plan shall provide that the State agency will make such reports, in such form, and containing such information, as the As- sistant Secretary may require, and comply with such requirements as the Assistant Sec- retary may impose to insure the correctness of such reports. (7)(A) The plan shall provide satisfactory as- surance that such fiscal control and fund ac- counting procedures will be adopted as may be necessary to assure proper disbursement of, and accounting for, Federal funds paid under this subchapter to the State, including any such funds paid to the recipients of a grant or contract. (B) The plan shall provide assurances that— (i) no individual (appointed or otherwise) involved in the designation of the State agency or an area agency on aging, or in the designation of the head of any subdivision of the State agency or of an area agency on aging, is subject to a conflict of interest pro- hibited under this chapter; (ii) no officer, employee, or other rep- resentative of the State agency or an area agency on aging is subject to a conflict of in- terest prohibited under this chapter; and (iii) mechanisms are in place to identify and remove conflicts of interest prohibited under this chapter. (8)(A) The plan shall provide that no sup- portive services, nutrition services, or in-home services will be directly provided by the State agency or an area agency on aging in the State, unless, in the judgment of the State agency— (i) provision of such services by the State agency or the area agency on aging is nec- essary to assure an adequate supply of such services; (ii) such services are directly related to such State agency’s or area agency on aging’s administrative functions; or (iii) such services can be provided more economically, and with comparable quality, by such State agency or area agency on aging. (B) Regarding case management services, if the State agency or area agency on aging is already providing case management services (as of the date of submission of the plan) under a State program, the plan may specify that such agency is allowed to continue to provide case management services. (C) The plan may specify that an area agen- cy on aging is allowed to directly provide in- formation and assistance services and out- reach. (9) The plan shall provide assurances that— (A) the State agency will carry out, through the Office of the State Long-Term Care Ombudsman, a State Long-Term Care Ombudsman program in accordance with section 3058g of this title and this sub- chapter, and will expend for such purpose an amount that is not less than the amount ex- pended by the State agency with funds re- ceived under this subchapter for fiscal year 2019, and an amount that is not less than the amount expended by the State agency with funds received under subchapter VII for fis- cal year 2019; and (B) funds made available to the State agency pursuant to section 3058g of this title shall be used to supplement and not supplant other Federal, State, and local funds ex- pended to support activities described in sec- tion 3058g of this title. (10) The plan shall provide assurances that the special needs of older individuals residing in rural areas will be taken into consideration and shall describe how those needs have been met and describe how funds have been allo- cated to meet those needs. (11) The plan shall provide that with respect to legal assistance— (A) the plan contains assurances that area agencies on aging will (i) enter into con- tracts with providers of legal assistance which can demonstrate the experience or ca- pacity to deliver legal assistance; (ii) in- clude in any such contract provisions to as- sure that any recipient of funds under divi- sion (i) will be subject to specific restric- tions and regulations promulgated under the Legal Services Corporation Act [42 U.S.C. 2996 et seq.] (other than restrictions and reg- ulations governing eligibility for legal as- sistance under such Act and governing mem- bership of local governing boards) as deter- mined appropriate by the Assistant Sec- retary; and (iii) attempt to involve the pri- vate bar in legal assistance activities au- thorized under this subchapter, including groups within the private bar furnishing services to older individuals on a pro bono and reduced fee basis; (B) the plan contains assurances that no legal assistance will be furnished unless the grantee administers a program designed to provide legal assistance to older individuals with social or economic need and has agreed, if the grantee is not a Legal Services Cor- poration project grantee, to coordinate its services with existing Legal Services Cor- poration projects in the planning and service area in order to concentrate the use of funds provided under this subchapter on individ- uals with the greatest such need; and the area agency on aging makes a finding, after assessment, pursuant to standards for serv- ice promulgated by the Assistant Secretary, that any grantee selected is the entity best able to provide the particular services; (C) the State agency will provide for the coordination of the furnishing of legal serv- ices to older individuals within the State, and provide advice and technical assistance in the provision of legal services to older in- Page 5738 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3027 dividuals within the State and support the furnishing of training and technical assist- ance for legal services for older individuals; (D) the plan contains assurances, to the extent practicable, that legal services fur- nished under the plan will be in addition to any legal services for older individuals being furnished with funds from sources other than this chapter and that reasonable efforts will be made to maintain existing levels of legal services for older individuals; and (E) the plan contains assurances that area agencies on aging will give priority to legal assistance related to income, health care, long-term care, nutrition, housing, utilities, protective services, defense of guardianship, abuse, neglect, and age discrimination. (12) The plan shall provide, whenever the State desires to provide for a fiscal year for services for the prevention of abuse of older individuals— (A) the plan contains assurances that any area agency on aging carrying out such serv- ices will conduct a program consistent with relevant State law and coordinated with ex- isting State adult protective service activi- ties for— (i) public education to identify and pre- vent abuse of older individuals; (ii) receipt of reports of abuse of older in- dividuals; (iii) active participation of older individ- uals participating in programs under this chapter through outreach, conferences, and referral of such individuals to other social service agencies or sources of assist- ance where appropriate and consented to by the parties to be referred; and (iv) referral of complaints to law en- forcement or public protective service agencies where appropriate; (B) the State will not permit involuntary or coerced participation in the program of services described in this paragraph by al- leged victims, abusers, or their households; and (C) all information gathered in the course of receiving reports and making referrals shall remain confidential unless all parties to the complaint consent in writing to the release of such information, except that such information may be released to a law enforcement or public protective service agency. (13) The plan shall provide assurances that each State will assign personnel (one of whom shall be known as a legal assistance developer) to provide State leadership in developing legal assistance programs for older individuals throughout the State. (14) The plan shall, with respect to the fiscal year preceding the fiscal year for which such plan is prepared— (A) identify the number of low-income mi- nority older individuals in the State, includ- ing the number of low-income minority older individuals with limited English pro- ficiency; and (B) describe the methods used to satisfy the service needs of the low-income minority older individuals described in subparagraph (A), including the plan to meet the needs of low-income minority older individuals with limited English proficiency. (15) The plan shall provide assurances that, if a substantial number of the older individ- uals residing in any planning and service area in the State are of limited English-speaking ability, then the State will require the area agency on aging for each such planning and service area— (A) to utilize, in the delivery of outreach services under section 3026(a)(2)(A) of this title, the services of workers who are fluent in the language spoken by a predominant number of such older individuals who are of limited English-speaking ability; and (B) to designate an individual employed by the area agency on aging, or available to such area agency on aging on a full-time basis, whose responsibilities will include— (i) taking such action as may be appro- priate to assure that counseling assistance is made available to such older individuals who are of limited English-speaking abil- ity in order to assist such older individuals in participating in programs and receiving assistance under this chapter; and (ii) providing guidance to individuals en- gaged in the delivery of supportive serv- ices under the area plan involved to enable such individuals to be aware of cultural sensitivities and to take into account ef- fectively linguistic and cultural dif- ferences. (16) The plan shall provide assurances that the State agency will require outreach efforts that will— (A) identify individuals eligible for assist- ance under this chapter, with special empha- sis on— (i) older individuals residing in rural areas; (ii) older individuals with greatest eco- nomic need (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); (iii) older individuals with greatest so- cial need (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); (iv) older individuals with severe disabil- ities; (v) older individuals with limited English-speaking ability; and (vi) older individuals with Alzheimer’s disease and related disorders with neuro- logical and organic brain dysfunction (and the caretakers of such individuals); and (B) inform the older individuals referred to in clauses (i) through (vi) of subparagraph (A), and the caretakers of such individuals, of the availability of such assistance. (17) The plan shall provide, with respect to the needs of older individuals with severe dis- Page 5739 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3027 abilities, assurances that the State will co- ordinate planning, identification, assessment of needs, and service for older individuals with disabilities with particular attention to indi- viduals with severe disabilities with the State agencies with primary responsibility for indi- viduals with disabilities, including severe dis- abilities, to enhance services and develop col- laborative programs, where appropriate, to meet the needs of older individuals with dis- abilities. (18) The plan shall provide assurances that area agencies on aging will conduct efforts to facilitate the coordination of community- based, long-term care services, pursuant to section 3026(a)(7) of this title, for older individ- uals who— (A) reside at home and are at risk of insti- tutionalization because of limitations on their ability to function independently; (B) are patients in hospitals and are at risk of prolonged institutionalization; or (C) are patients in long-term care facili- ties, but who can return to their homes if community-based services are provided to them. (19) The plan shall include the assurances and description required by section 3058d(a) of this title. (20) The plan shall provide assurances that special efforts will be made to provide tech- nical assistance to minority providers of serv- ices. (21) The plan shall— (A) provide an assurance that the State agency will coordinate programs under this subchapter and programs under subchapter X, if applicable; and (B) provide an assurance that the State agency will pursue activities to increase ac- cess by older individuals who are Native Americans to all aging programs and bene- fits provided by the agency, including pro- grams and benefits provided under this sub- chapter, if applicable, and specify the ways in which the State agency intends to imple- ment the activities. (22) If case management services are offered to provide access to supportive services, the plan shall provide that the State agency shall ensure compliance with the requirements specified in section 3026(a)(8) of this title. (23) The plan shall provide assurances that demonstrable efforts will be made— (A) to coordinate services provided under this chapter with other State services that benefit older individuals; and (B) to provide multigenerational activi- ties, such as opportunities for older individ- uals to serve as mentors or advisers in child care, youth day care, educational assistance, at-risk youth intervention, juvenile delin- quency treatment, and family support pro- grams. (24) The plan shall provide assurances that the State will coordinate public services with- in the State to assist older individuals to ob- tain transportation services associated with access to services provided under this sub- chapter, to services under subchapter X, to comprehensive counseling services, and to legal assistance. (25) The plan shall include assurances that the State has in effect a mechanism to provide for quality in the provision of in-home serv- ices under this subchapter. (26) The plan shall provide assurances that area agencies on aging will provide, to the ex- tent feasible, for the furnishing of services under this chapter, consistent with self-di- rected care. (27)(A) The plan shall include, at the elec- tion of the State, an assessment of how pre- pared the State is, under the State’s statewide service delivery model, for any anticipated change in the number of older individuals dur- ing the 10-year period following the fiscal year for which the plan is submitted. (B) Such assessment may include— (i) the projected change in the number of older individuals in the State; (ii) an analysis of how such change may af- fect such individuals, including individuals with low incomes, individuals with greatest economic need, minority older individuals, older individuals residing in rural areas, and older individuals with limited English pro- ficiency; (iii) an analysis of how the programs, poli- cies, and services provided by the State can be improved, including coordinating with area agencies on aging, and how resource levels can be adjusted to meet the needs of the changing population of older individuals in the State; and (iv) an analysis of how the change in the number of individuals age 85 and older in the State is expected to affect the need for sup- portive services. (28) The plan shall include information de- tailing how the State will coordinate activi- ties, and develop long-range emergency pre- paredness plans, with area agencies on aging, local emergency response agencies, relief orga- nizations, local governments, State agencies responsible for emergency preparedness, and any other institutions that have responsibility for disaster relief service delivery. (29) The plan shall include information de- scribing the involvement of the head of the State agency in the development, revision, and implementation of emergency prepared- ness plans, including the State Public Health Emergency Preparedness and Response Plan. (30) The plan shall contain an assurance that the State shall prepare and submit to the As- sistant Secretary annual reports that de- scribe— (A) data collected to determine the serv- ices that are needed by older individuals whose needs were the focus of all centers funded under subchapter IV in fiscal year 2019; (B) data collected to determine the effec- tiveness of the programs, policies, and serv- ices provided by area agencies on aging in assisting such individuals; and (C) outreach efforts and other activities carried out to satisfy the assurances de- scribed in paragraphs (18) and (19) of section 3026(a) of this title. Page 5740 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3027 (b) Approval by Assistant Secretary; waiver of requirements (1) The Assistant Secretary shall approve any State plan which the Assistant Secretary finds fulfills the requirements of subsection (a), ex- cept the Assistant Secretary may not approve such plan unless the Assistant Secretary deter- mines that the formula submitted under section 3025(a)(2)(D) of this title complies with the guidelines in effect under section 3025(a)(2)(C) of this title. (2) The Assistant Secretary, in approving any State plan under this section, may waive the re- quirement described in paragraph (3)(B) of sub- section (a) if the State agency demonstrates to the Assistant Secretary that the service needs of older individuals residing in rural areas in the State are being met, or that the number of older individuals residing in such rural areas is not sufficient to require the State agency to comply with such requirement. (c) Notice and hearing prior to disapproval (1) The Assistant Secretary shall not make a final determination disapproving any State plan, or any modification thereof, or make a final determination that a State is ineligible under section 3025 of this title, without first af- fording the State reasonable notice and oppor- tunity for a hearing. (2) Not later than 30 days after such final de- termination, a State dissatisfied with such final determination may appeal such final determina- tion to the Secretary for review. If the State timely appeals such final determination in ac- cordance with subsection (e)(1), the Secretary shall dismiss the appeal filed under this para- graph. (3) If the State is dissatisfied with the decision of the Secretary after review under paragraph (2), the State may appeal such decision not later than 30 days after such decision and in the man- ner described in subsection (e). For purposes of appellate review under the preceding sentence, a reference in subsection (e) to the Assistant Sec- retary shall be deemed to be a reference to the Secretary. (d) Discontinuance of payments; disbursement of withheld funds to agencies with approved plans; matching funds Whenever the Assistant Secretary, after rea- sonable notice and opportunity for a hearing to the State agency, finds that— (1) the State is not eligible under section 3025 of this title, (2) the State plan has been so changed that it no longer complies substantially with the provisions of subsection (a), or (3) in the administration of the plan there is a failure to comply substantially with any such provision of subsection (a), the Assistant Secretary shall notify such State agency that no further payments from its allot- ments under section 3024 of this title and section 3028 of this title will be made to the State (or, in the Assistant Secretary’s discretion, that fur- ther payments to the State will be limited to projects under or portions of the State plan not affected by such failure), until the Assistant Secretary is satisfied that there will no longer be any failure to comply. Until the Assistant Secretary is so satisfied, no further payments shall be made to such State from its allotments under section 3024 of this title and section 3028 of this title (or payments shall be limited to projects under or portions of the State plan not affected by such failure). The Assistant Sec- retary shall, in accordance with regulations the Assistant Secretary shall prescribe, disburse the funds so withheld directly to any public or non- profit private organization or agency or polit- ical subdivision of such State submitting an ap- proved plan in accordance with the provisions of this section. Any such payment shall be matched in the proportions specified in section 3024 of this title. (e) Appeal (1) A State which is dissatisfied with a final action of the Assistant Secretary under sub- section (b), (c), or (d) may appeal to the United States court of appeals for the circuit in which the State is located, by filing a petition with such court within 30 days after such final action. A copy of the petition shall be forthwith trans- mitted by the clerk of the court to the Assistant Secretary, or any officer designated by the As- sistant Secretary for such purpose. The Assist- ant Secretary thereupon shall file in the court the record of the proceedings on which the As- sistant Secretary’s action is based, as provided in section 2112 of title 28. (2) Upon the filing of such petition, the court shall have jurisdiction to affirm the action of the Assistant Secretary or to set it aside, in whole or in part, temporarily or permanently, but until the filing of the record, the Assistant Secretary may modify or set aside the Assistant Secretary’s order. The findings of the Assistant Secretary as to the facts, if supported by sub- stantial evidence, shall be conclusive, but the court, for good cause shown, may remand the case to the Assistant Secretary to take further evidence, and the Assistant Secretary shall, within 30 days, file in the court the record of those further proceedings. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence. The judg- ment of the court affirming or setting aside, in whole or in part, any action of the Assistant Secretary shall be final, subject to review by the Supreme Court of the United States upon certio- rari or certification as provided in section 1254 of title 28. (3) The commencement of proceedings under this subsection shall not, unless so specifically ordered by the court, operate as a stay of the Assistant Secretary’s action. (f) Confidentiality of information relating to legal assistance Neither a State, nor a State agency, may re- quire any provider of legal assistance under this subchapter to reveal any information that is protected by the attorney-client privilege. (Pub. L. 89–73, title III, § 307, as added Pub. L. 95–478, title I, § 103(b), Oct. 18, 1978, 92 Stat. 1524; amended Pub. L. 97–115, §§ 3(d), 7, Dec. 29, 1981, 95 Stat. 1597, 1598; Pub. L. 98–459, title III, § 307, Oct. 9, 1984, 98 Stat. 1775; Pub. L. 100–175, title I, §§ 128, 129(d), (e), 130(b), 131(b), 132(c), 136(c), 137(b), 138, Page 5741 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3027 140(c), 141(c), 142, 144(d), 155(e)(2), 182(k), Nov. 29, 1987, 101 Stat. 934, 935, 938–940, 943, 944, 946, 947, 949, 953, 965; Pub. L. 100–628, title VII, § 705(6), Nov. 7, 1988, 102 Stat. 3247; Pub. L. 102–375, title I, § 102(b)(4), (5), (10)(A), (C), (E), (F), title III, § 307, title VII, § 708(c)(4), title IX, § 904(a)(13), Sept. 30, 1992, 106 Stat. 1201, 1202, 1228, 1293, 1308; Pub. L. 103–171, §§ 2(9), 3(a)(5), Dec. 2, 1993, 107 Stat. 1988, 1990; Pub. L. 106–501, title III, § 306, title VIII, § 801(c)(4), Nov. 13, 2000, 114 Stat. 2242, 2292; Pub. L. 109–365, title III, § 307, Oct. 17, 2006, 120 Stat. 2544; Pub. L. 114–144, § 4(e), Apr. 19, 2016, 130 Stat. 339; Pub. L. 116–131, title I, § 118(c), title II, §§ 206(2), 207(b), Mar. 25, 2020, 134 Stat. 247, 256, 257.) Editorial Notes REFERENCES IN TEXT The Legal Services Corporation Act, referred to in subsec. (a)(11)(A), is title X of Pub. L. 88–452, as added by Pub. L. 93–355, § 2, July 25, 1974, 88 Stat. 378, which is classified generally to subchapter X (§ 2996 et seq.) of chapter 34 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2701 of this title and Tables. PRIOR PROVISIONS A prior section 3027, Pub. L. 89–73, title III, § 307, as added Pub. L. 93–29, title III, § 301, May 3, 1973, 87 Stat. 44, related to payment of grants or contracts, prior to the general amendment of this subchapter by Pub. L. 95–478. See section 3029 of this title. Provisions similar to those comprising this section were contained in 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, which was classified to section 3025 of this title prior to repeal by Pub. L. 95–478. AMENDMENTS 2020—Subsec. (a)(9). Pub. L. 116–131, § 206(2), amended par. (9) generally. Prior to amendment, text read as fol- lows: ‘‘The plan shall provide assurances that the State agency will carry out, through the Office of the State Long-Term Care Ombudsman, a State Long-Term Care Ombudsman program in accordance with section 3058g of this title and this subchapter, and will expend for such purpose an amount that is not less than an amount expended by the State agency with funds re- ceived under this subchapter for fiscal year 2000, and an amount that is not less than the amount expended by the State agency with funds received under subchapter XI for fiscal year 2000.’’ Subsec. (a)(26). Pub. L. 116–131, § 118(c), redesignated former par. (27) as (26) and struck out former par. (26), which read as follows: ‘‘The plan shall provide assur- ances that funds received under this subchapter will not be used to pay any part of a cost (including an ad- ministrative cost) incurred by the State agency or an area agency on aging to carry out a contract or com- mercial relationship that is not carried out to imple- ment this subchapter.’’ Subsec. (a)(27) to (29). Pub. L. 116–131, § 118(c), redesig- nated former pars. (28) to (30) as (27) to (29), respec- tively. Former par. (27) redesignated (26). Subsec. (a)(30). Pub. L. 116–131, § 207(b), added par. (30). Former par. (30) redesignated (29). 2016—Subsec. (a)(2)(A). Pub. L. 114–144 substituted ‘‘3012(a)(26)’’ for ‘‘3012(a)(29)’’. 2006—Subsec. (a)(2)(C). Pub. L. 109–365, § 307(1), sub- stituted ‘‘section 3026(c)’’ for ‘‘section 3026(b)’’. Subsec. (a)(4). Pub. L. 109–365, § 307(2), substituted ‘‘(with particular attention to low-income minority older individuals, older individuals with limited English proficiency, and older individuals residing in rural areas)’’ for ‘‘, with particular attention to low-in- come minority individuals and older individuals resid- ing in rural areas’’. Subsec. (a)(14), (15). Pub. L. 109–365, § 307(3)–(5), added par. (14), redesignated former par. (14) as (15), and struck out former par. (15) which read as follows: ‘‘The plan shall, with respect to the fiscal year preceding the fiscal year for which such plan is prepared— ‘‘(A) identify the number of low-income minority older individuals in the State; and ‘‘(B) describe the methods used to satisfy the serv- ice needs of such minority older individuals.’’ Subsec. (a)(16)(A)(ii), (iii). Pub. L. 109–365, § 307(6)(A), substituted ‘‘(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)’’. Subsec. (a)(16)(A)(vi). Pub. L. 109–365, § 307(6)(B), sub- stituted ‘‘and related’’ for ‘‘or related’’. Subsec. (a)(27) to (30). Pub. L. 109–365, § 307(7), added pars. (27) to (30). 2000—Subsec. (a)(1) to (5). Pub. L. 106–501, § 306(1), added pars. (1) to (5) and struck out former pars. (1) to (5) which required each State plan to: in par. (1), con- tain assurances that the State plan would be based on area plans and that the State would distribute a uni- form format for developing area plans, in par. (2), pro- vide that each area agency on aging develop an area plan for approval by the State agency, in par. (3), pro- vide that the State agency would evaluate the need for supportive services, nutrition services, and multipur- pose senior centers within the State and spend not less than 105 percent of fiscal year 1978 expenditures for services to older individuals residing in rural areas in the State, in par. (4), provide methods of administra- tion of the plan and any necessary reorganization and reassignment of functions to assure efficient adminis- tration, and, in par. (5), provide that the State agency would conduct hearings upon request by an area agency on aging submitting a plan, a service provider under a plan, or an applicant to provide service under a plan. Subsec. (a)(7)(C). Pub. L. 106–501, § 306(2), struck out subpar. (C) which required the plan to provide assur- ances that the State agency and each area agency on aging would maintain the integrity and public purpose of services provided and service providers under the State plan in all contractual and commercial relation- ships, disclose the parties to and the nature of a con- tract or relationship relating to services to older indi- viduals, demonstrate no loss or diminution in quantity or quality of services as a result of such contract or re- lationship, demonstrate enhancement of quantity and quality of services as a result of such contract or rela- tionship, and disclose on request all sources and ex- penditures of funds the State agency and area agency on aging received or expended to provide services to older individuals. Subsec. (a)(8), (9). Pub. L. 106–501, § 306(3), added pars. (8) and (9) and struck out former pars. (8) and (9) which read as follows: ‘‘(8) The plan shall provide that the State agency will conduct periodic evaluations of, and public hearings on, activities and projects carried out under the State plan, including an evaluation of the effectiveness of the State agency in reaching older individuals with great- est economic need and older individuals with greatest social need, with particular attention to low-income minority individuals. In conducting such evaluations and public hearings, the State agency shall solicit the views and experiences of entities that are knowledge- able about the needs and concerns of low-income mi- nority older individuals. ‘‘(9) The plan shall provide for establishing and main- taining information and assistance services in suffi- cient numbers to assure that all older individuals in the State who are not furnished adequate information and assistance services under section 3026(a)(4) of this title will have reasonably convenient access to such services.’’ Page 5742 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3027 Subsec. (a)(10). Pub. L. 106–501, § 306(4), added par. (10) and struck out former par. (10) which read as follows: ‘‘The plan shall provide that no supportive services, nu- trition services, or in-home services (as defined in sec- tion 3030i of this title) will be directly provided by the State agency or an area agency on aging, except where, in the judgment of the State agency, provision of such services by the State agency or an area agency on aging is necessary to assure an adequate supply of such services, or where such services are directly related to such State or area agency on aging’s administrative functions, or where such services of comparable quality can be provided more economically by such State or area agency on aging.’’ Subsec. (a)(11). Pub. L. 106–501, § 306(5), (6), redesig- nated par. (15) as (11) and struck out former par. (11) which read as follows: ‘‘The plan shall provide that sub- ject to the requirements of merit employment systems of State and local governments— ‘‘(A) preference shall be given to older individuals; and ‘‘(B) special consideration shall be given to individ- uals with formal training in the field of aging (in- cluding an educational specialty or emphasis in aging and a training degree or certificate in aging) or equivalent professional experience in the field of aging; for any staff positions (full time or part time) in State and area agencies for which such individuals qualify.’’ Subsec. (a)(12). Pub. L. 106–501, § 306(5), (6), redesig- nated par. (16) as (12) and struck out former par. (12) which read as follows: ‘‘The plan shall provide assur- ances that the State agency will carry out, through the Office of the State Long-Term Care Ombudsman, a State Long-Term Care Ombudsman program in accord- ance with section 3058g of this title and this sub- chapter.’’ Subsec. (a)(13). Pub. L. 106–501, § 306(5), (8), redesig- nated par. (18) as (13) and struck out former par. (13) which related to a list of requirements that the plan was to provide with respect to nutrition services. Subsec. (a)(14). Pub. L. 106–501, § 306(5), (10), redesig- nated par. (20) as (14) and struck out former par. (14) which related to required provisions of the plan with respect to acquisition, alteration, or renovation of ex- isting facilities to serve as multipurpose senior centers. Subsec. (a)(15). Pub. L. 106–501, § 306(12), redesignated par. (23) as (15). Former par. (15) redesignated (11). Subsec. (a)(16). Pub. L. 106–501, § 306(12), (13), redesig- nated par. (24) as (16) and inserted ‘‘and older individ- uals residing in rural areas’’ after ‘‘low-income minor- ity individuals’’ in cls. (ii) and (iii). Former par. (16) re- designated (12). Subsec. (a)(17). Pub. L. 106–501, § 306(14), inserted ‘‘to enhance services’’ before ‘‘and develop collaborative programs’’. Pub. L. 106–501, § 306(7), (12), redesignated par. (25) as (17) and struck out former par. (17) which read as fol- lows: ‘‘The plan shall provide assurances that each State will provide inservice training opportunities for personnel of agencies and programs funded under this chapter.’’ Subsec. (a)(18). Pub. L. 106–501, § 306(12), (15), redesig- nated par. (26) as (18) and, in introductory provisions, substituted ‘‘section 3026(a)(7)’’ for ‘‘section 3026(a)(6)(I)’’. Former par. (18) redesignated (13). Subsec. (a)(19). Pub. L. 106–501, § 306(9), (17), redesig- nated par. (30) as (19) and struck out former par. (19) which read as follows: ‘‘The plan shall provide, with re- spect to education and training services, assurances that area agencies on aging may enter into grants and contracts with providers of education and training services which can demonstrate the experience or ca- pacity to provide such services (except that such con- tract authority shall be effective for any fiscal year only to such extent, or in such amounts, as are pro- vided in appropriations Acts).’’ Subsec. (a)(20). Pub. L. 106–501, § 306(17), redesignated par. (32) as (20). Former par. (20) redesignated (14). Subsec. (a)(21). Pub. L. 106–501, § 306(11), (18), added par. (21) and struck out former par. (21) which read as follows: ‘‘The plan shall provide assurances that the State agency, in carrying out the State Long-Term Care Ombudsman program under subsection (a)(12) of this section, will expend not less than the total amount expended by the agency in fiscal year 1991 in carrying out such a program under this subchapter.’’ Subsec. (a)(22). Pub. L. 106–501, § 801(c)(4)(A), sub- stituted ‘‘3026(a)(8)’’ for ‘‘3026(a)(20)’’. Pub. L. 106–501, § 306(11), (19), redesignated par. (36) as (22) and struck out former par. (22) which read as fol- lows: ‘‘The plan shall specify a minimum percentage of the funds received by each area agency on aging for part B of this subchapter that will be expended, in the absence of the waiver granted under section 3026(b)(1) of this title, by such area agency on aging to provide each of the categories of services specified in section 3026(a)(2) of this title.’’ Subsec. (a)(23) to (25). Pub. L. 106–501, § 306(21), redes- ignated pars. (41), (42), and (44) as (23) to (25), respec- tively. Former pars. (23), (24), and (25) redesignated (15) to (17), respectively. Subsec. (a)(26). Pub. L. 106–501, § 306(22), added par. (26). Former par. (26) redesignated (18). Subsec. (a)(27) to (29). Pub. L. 106–501, § 306(16), struck out pars. (27) to (29) which read as follows: ‘‘(27) The plan shall provide assurances of consulta- tion and coordination in planning and provision of in- home services under section 3030h of this title with State and local agencies and private nonprofit organi- zations which administer and provide services relating to health, social services, rehabilitation, and mental health services. ‘‘(28) The plan shall provide assurances that if the State receives funds appropriated under section 3023(e) of this title, the State agency and area agencies on aging will expend such funds to carry out part E of this subchapter. ‘‘(29) The plan shall, with respect to the fiscal year preceding the fiscal year for which such plan is pre- pared, describe the methods used to satisfy the service needs of older individuals who reside in rural areas.’’ Subsec. (a)(30). Pub. L. 106–501, § 306(17), redesignated par. (30) as (19). Subsec. (a)(31). Pub. L. 106–501, § 306(16), struck out par. (31) which read as follows: ‘‘(31)(A) If 50 percent or more of the area plans in the State provide for an area volunteer services coordi- nator, as described in section 3026(a)(12) of this title, the State plan shall provide for a State volunteer serv- ices coordinator, who shall— ‘‘(i) encourage area agencies on aging to provide for area volunteer services coordinators; ‘‘(ii) coordinate the volunteer services offered be- tween the various area agencies on aging; ‘‘(iii) encourage, organize, and promote the use of older individuals as volunteers to the State; ‘‘(iv) provide technical assistance, which may in- clude training, to area volunteer services coordina- tors; and ‘‘(v) promote the recognition of the contribution made by volunteers to the programs administered under the State plan. ‘‘(B) If fewer than 50 percent of the area plans in the State provide for an area volunteer services coordi- nator, the State plan may provide for the State volun- teer services coordinator described in subparagraph (A).’’ Subsec. (a)(32). Pub. L. 106–501, § 306(17), redesignated par. (32) as (20). Subsec. (a)(33) to (35). Pub. L. 106–501, § 306(18), struck out pars. (33) to (35) which read as follows: ‘‘(33) The plan— ‘‘(A) shall include the statement and the dem- onstration required by paragraphs (2) and (4) of sec- tion 3025(d) of this title; and ‘‘(B) may not be approved unless the Assistant Sec- retary approves such statement and such demonstra- tion. ‘‘(34) The plan shall provide an assurance that the State agency will coordinate programs under this sub- chapter and subchapter X of this chapter, if applicable. Page 5743 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3027 ‘‘(35) The plan shall— ‘‘(A) provide an assurance that the State agency will pursue activities to increase access by older indi- viduals who are Native Americans to all aging pro- grams and benefits provided by the agency, including programs and benefits under this subchapter, if appli- cable; and ‘‘(B) specify the ways in which the State agency in- tends to implement the activities.’’ Subsec. (a)(36). Pub. L. 106–501, § 306(19), redesignated par. (36) as (22). Subsec. (a)(37) to (40). Pub. L. 106–501, § 306(20), struck out pars. (37) to (40) which read as follows: ‘‘(37) The plan shall identify for each fiscal year, the actual and projected additional costs of providing serv- ices under this subchapter, including the cost of pro- viding access to such services, to older individuals re- siding in rural areas in the State (in accordance with a standard definition of rural areas specified by the As- sistant Secretary). ‘‘(38) The plan shall provide assurances that funds re- ceived under this subchapter will not be used to pay any part of a cost (including an administrative cost) in- curred by the State or an area agency on aging to carry out a contract or commercial relationship that is not carried out to implement this subchapter. ‘‘(39) The plan shall provide assurances that pref- erence in receiving services under this subchapter will not be given by the area agency on aging to particular older individuals as a result of a contract or commer- cial relationship that is not carried out to implement this subchapter. ‘‘(40) The plan shall provide assurances that if the State receives funds appropriated under section 3023(g) of this title the State agency and area agencies on aging will expend such funds to carry out part G of this subchapter.’’ Subsec. (a)(41), (42). Pub. L. 106–501, § 306(21), redesig- nated pars. (41) and (42) as (23) and (24), respectively. Subsec. (a)(43). Pub. L. 106–501, § 306(20), struck out par. (43) which read as follows: ‘‘The plan shall provide that the State agency shall issue guidelines applicable to grievance procedures required by section 3026(a)(6)(P) of this title.’’ Subsec. (a)(44). Pub. L. 106–501, § 306(21), redesignated par. (44) as (25). Subsec. (f). Pub. L. 106–501, § 801(c)(4)(B), struck out par. (1) designation before ‘‘Neither a State’’ and struck out par. (2) which read as follows: ‘‘Information disclosed under section 3026(a)(14)(B)(i) of this title or subsection (a)(7)(C)(ii)(I) of this section may be dis- closed to the public by the State agency or the State only if such information could be disclosed under sec- tion 552 of title 5 by an agency of the United States.’’ 1993—Pub. L. 103–171, § 3(a)(5)(B), substituted ‘‘Assist- ant Secretary’’ for ‘‘Commissioner’’ wherever appear- ing. Subsec. (a)(8). Pub. L. 103–171, § 2(9)(A)(i), substituted ‘‘knowledgeable’’ for ‘‘knowledgable’’. Subsec. (a)(24). Pub. L. 103–171, § 2(9)(A)(ii), sub- stituted period for semicolon at end. Subsec. (b)(2). Pub. L. 103–171, § 2(9)(B), substituted ‘‘such requirement’’ for ‘‘the requirement described in clause (3)(B) of subsection (a) of this section’’. Subsecs. (d), (e). Pub. L. 103–171, § 3(a)(5)(A), sub- stituted ‘‘Assistant Secretary’s’’ for ‘‘Commissioner’s’’ wherever appearing. 1992—Subsec. (a). Pub. L. 102–375, § 307(a)(1), (2), in- serted ‘‘the succeeding sentence and’’ after ‘‘provided in’’ in first sentence and inserted after first sentence ‘‘If the Commissioner determines, in the discretion of the Commissioner, that a State failed in 2 successive years to comply with the requirements under this sub- chapter, then the State shall submit to the Commis- sioner a State plan for a 1-year period that meets such criteria, for subsequent years until the Commissioner determines that the State is in compliance with such requirements.’’ before ‘‘Each such plan shall comply’’. Subsec. (a)(1). Pub. L. 102–375, § 102(b)(10)(F), sub- stituted ‘‘agencies on aging in’’ for ‘‘agencies in’’. Subsec. (a)(3)(A). Pub. L. 102–375, § 307(a)(3), inserted ‘‘and transportation services’’ after ‘‘legal assistance’’ and inserted at end ‘‘To conduct the evaluation, the State agency shall use the procedures implemented under section 3012(a)(29) of this title.’’ Subsec. (a)(5). Pub. L. 102–375, § 307(b), inserted at end ‘‘The State agency shall establish and publish proce- dures for requesting and conducting such hearing.’’ Subsec. (a)(7). Pub. L. 102–375, § 307(c), designated ex- isting provisions as subpar. (A) and added subpars. (B) and (C). Subsec. (a)(8). Pub. L. 102–375, § 904(a)(13)(A)(i), sub- stituted ‘‘greatest economic need and older individuals with greatest social need’’ for ‘‘the greatest economic or social needs’’. Pub. L. 102–375, § 307(d), inserted at end ‘‘In con- ducting such evaluations and public hearings, the State agency shall solicit the views and experiences of enti- ties that are knowledgable about the needs and con- cerns of low-income minority older individuals.’’ Subsec. (a)(9). Pub. L. 102–375, § 102(b)(4), substituted ‘‘information and assistance’’ for ‘‘information and re- ferral’’ in two places. Subsec. (a)(10). Pub. L. 102–375, § 102(b)(5), substituted ‘‘section 3030i of this title’’ for ‘‘section 3030i(1) of this title’’. Subsec. (a)(11). Pub. L. 102–375, § 307(e), substituted ‘‘governments—’’ for ‘‘governments, preference shall be given to individuals aged 60 or older’’ and added sub- pars. (A) and (B). Subsec. (a)(12). Pub. L. 102–375, § 307(f), amended par. (12) generally, substituting provisions requiring the plan to provide assurances that a State Long-Term Care Ombudsman program be carried out in accordance with section 3058g of this title for provisions setting out, in subpars. (A) to (K), the assurances required to be provided by the plan with respect to such a program. Subsec. (a)(13)(A). Pub. L. 102–375, § 904(a)(13)(A)(ii)(I), (II), substituted ‘‘to older individuals’’ for ‘‘to individ- uals aged 60 or older’’ and ‘‘by older individuals’’ for ‘‘by the elderly’’. Subsec. (a)(13)(B). Pub. L. 102–375, § 904(a)(13)(A)(ii)(III), substituted ‘‘subparagraph’’ for ‘‘subclause’’. Pub. L. 102–375, § 307(g)(1), inserted ‘‘(other than under section 3023(b)(3) of this title)’’ after ‘‘available under this subchapter’’. Pub. L. 102–375, § 102(b)(10)(C), substituted ‘‘area agen- cy on aging’’ for ‘‘area agency’’. Subsec. (a)(13)(F). Pub. L. 102–375, § 307(g)(2), inserted ‘‘dietitians (or individuals with comparable experi- ence),’’ after ‘‘advice of’’ and substituted ‘‘project will’’ for ‘‘project may’’. Subsec. (a)(13)(H). Pub. L. 102–375, § 307(g)(3), struck out ‘‘and’’ at end. Pub. L. 102–375, § 102(b)(10)(E), substituted ‘‘area agen- cy on aging’’ for ‘‘area agency’’ in two places. Subsec. (a)(13)(I). Pub. L. 102–375, § 904(a)(13)(A)(ii)(IV), substituted ‘‘participating older individuals’’ for ‘‘elderly participants’’. Pub. L. 102–375, § 307(g)(4), substituted semicolon for period at end. Pub. L. 102–375, § 102(b)(10)(C), substituted ‘‘area agen- cy on aging’’ for ‘‘area agency’’. Subsec. (a)(13)(J) to (M). Pub. L. 102–375, § 307(g)(5), added subpars. (J) to (M). Subsec. (a)(14). Pub. L. 102–375, § 102(b)(10)(A), sub- stituted ‘‘area agencies on aging’’ for ‘‘area agencies’’. Subsec. (a)(14)(D). Pub. L. 102–375, § 904(a)(13)(A)(iii), substituted ‘‘subparagraph’’ for ‘‘clause’’. Subsec. (a)(15)(B). Pub. L. 102–375, § 102(b)(10)(C), sub- stituted ‘‘area agency on aging’’ for ‘‘area agency’’. Subsec. (a)(15)(E). Pub. L. 102–375, § 307(h), added sub- par. (E). Subsec. (a)(16). Pub. L. 102–375, § 307(i), substituted ‘‘shall provide,’’ for ‘‘shall provide that’’ and ‘‘provide for a’’ for ‘‘, if funds are not appropriated under section 3023(g) of this title for a fiscal year, provide that for such’’. Subsec. (a)(16)(B). Pub. L. 102–375, § 904(a)(13)(A)(iv), substituted ‘‘paragraph’’ for ‘‘clause’’. Page 5744 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3027 Subsec. (a)(18). Pub. L. 102–375, § 307(j), inserted ‘‘(one of whom shall be known as a legal assistance devel- oper)’’ after ‘‘personnel’’. Subsec. (a)(20)(A). Pub. L. 102–375, § 708(c)(4), sub- stituted ‘‘section 3026(a)(2)(A) of this title’’ for ‘‘sec- tions 3026(a)(2)(A) and 3026(a)(6)(P) of this title’’. Subsec. (a)(21). Pub. L. 102–375, § 307(k), amended par. (21) generally. Prior to amendment, par. (21) read as follows: ‘‘The State plan shall provide that the State agency, from funds allotted under section 3024(a) of this title for part B of this subchapter and for paragraph (12) (relating to the State long-term care ombudsman) shall expend to carry out paragraph (12), for each fiscal year in which the allotment for part B of this sub- chapter for the State is not less than the allotment for fiscal year 1987 for part B of this subchapter for such State, an amount which is not less than the amount ex- pended from funds received under this chapter by such State in fiscal year 1987 to carry out paragraph (12) as in effect before the effective date of the Older Ameri- cans Act Amendments of 1987. This paragraph shall not apply to American Samoa, Guam, the Virgin Islands, the Trust Territory of the Pacific Islands, and the Com- monwealth of the Northern Mariana Islands.’’ Subsec. (a)(22). Pub. L. 102–375, § 102(b)(10)(E), sub- stituted ‘‘area agency on aging’’ for ‘‘area agency’’ in two places. Subsec. (a)(24). Pub. L. 102–375, § 307(l), amended par. (24) generally. Prior to amendment, par. (24) read as follows: ‘‘The plan shall provide assurances that the State agency will require outreach efforts that will— ‘‘(A) identify older individuals who are eligible for assistance under this subchapter, with special empha- sis on older individuals with greatest economic need (with particular attention to low-income minority in- dividuals), older individuals with greatest social need (with particular attention to low-income minority in- dividuals), and older individuals who reside in rural areas; and ‘‘(B) inform such individuals of the availability of such assistance.’’ Subsec. (a)(30). Pub. L. 102–375, § 307(m), amended par. (30) generally. Prior to amendment, par. (30) read as follows: ‘‘The plan shall provide assurances that if the State receives funds appropriated under section 3023(g) of this title, the State agency and area agencies on aging will expend such funds to carry out part G of this subchapter.’’ Subsec. (a)(31). Pub. L. 102–375, § 307(n), amended par. (31) generally, substituting provisions relating to an area or State volunteer services coordinator for provi- sions that State agency make funds available to eligi- ble area agencies on aging based on number of older in- dividuals with greatest economic need and inadequacy of outreach activities and application assistance, that State agency require area agency to submit application describing and evaluating activities for which funds were sought, that State agency distribute to area agen- cies certain eligibility information, and that State agency submit to Commissioner a report on evalua- tions required to be submitted to it by area agencies. Subsec. (a)(32) to (44). Pub. L. 102–375, § 307(n), added pars. (32) to (44). Subsec. (b)(1). Pub. L. 102–375, § 307(o), inserted before period at end ‘‘, except the Commissioner may not ap- prove such plan unless the Commissioner determines that the formula submitted under section 3025(a)(2)(D) of this title complies with the guidelines in effect under section 3025(a)(2)(C) of this title’’. Subsec. (b)(2). Pub. L. 102–375, § 904(a)(13)(B), sub- stituted ‘‘described in paragraph’’ for ‘‘described in clause’’. Subsec. (c). Pub. L. 102–375, § 307(p), designated exist- ing provisions as par. (1) and added pars. (2) and (3). Subsec. (f). Pub. L. 102–375, § 307(q), (r), redesignated subsec. (g) as subsec. (f)(1), added subsec. (f)(2), and struck out former subsec. (f) which related to dem- onstration projects for health and nutrition education. Subsec. (g). Pub. L. 102–375, § 307(r)(1), redesignated subsec. (g) as subsec. (f)(1). 1988—Subsec. (a)(3)(A). Pub. L. 100–628 substituted a period for ‘‘; and’’ at end. 1987—Subsec. (a). Pub. L. 100–175, § 182(k)(1), sub- stituted ‘‘Each such plan shall comply with all of the following requirements:’’ for ‘‘Each such plan shall—’’. Subsec. (a)(1), (2). Pub. L. 100–175, § 182(k)(2), (3), in- serted ‘‘The plan shall’’ and substituted a period for semicolon. Subsec. (a)(3)(A). Pub. L. 100–175, § 182(k)(4)(A), in- serted ‘‘The plan shall’’. Subsec. (a)(3)(B), (4) to (7). Pub. L. 100–175, § 182(k)(4)(B), (5)–(8), inserted ‘‘The plan shall’’ and sub- stituted a period for semicolon. Subsec. (a)(8). Pub. L. 100–175, § 182(k)(9), inserted ‘‘The plan shall’’ and substituted a period for semi- colon. Pub. L. 100–175, § 132(c)(1), inserted ‘‘, including an evaluation of the effectiveness of the State agency in reaching older individuals with the greatest economic or social needs, with particular attention to low-in- come minority individuals’’ before semicolon. Pub. L. 100–175, § 128, inserted ‘‘, and public hearings on,’’ after ‘‘evaluations of’’. Subsec. (a)(9). Pub. L. 100–175, § 182(k)(10), inserted ‘‘The plan shall’’ and substituted a period for semi- colon. Subsec. (a)(10). Pub. L. 100–175, § 182(k)(11), inserted ‘‘The plan shall’’ and substituted a period for semi- colon. Pub. L. 100–175, § 140(c)(1), which directed that par. (10) be amended by substituting ‘‘nutrition services, or in-home services (as defined in section 3030i(1) of this title)’’ for ‘‘including nutrition services,’’, was executed by making the substitution for ‘‘or nutrition services,’’ to reflect the probable intent of Congress and a pre- vious amendment made by Pub. L. 98–459, § 307(a)(2). See 1984 Amendment note below. Subsec. (a)(11). Pub. L. 100–175, § 182(k)(12), inserted ‘‘The plan shall’’ and substituted a period for semi- colon. Subsec. (a)(12). Pub. L. 100–175, § 129(d), amended par. (12) generally, revising and restating as subpars. (A) to (K) provisions of former subpars. (A) to (E). Subsec. (a)(13). Pub. L. 100–175, § 182(k)(13), inserted ‘‘The plan shall’’, and in subpar. (I) substituted a period for semicolon. Subsec. (a)(13)(I). Pub. L. 100–175, § 136(c)(1), inserted ‘‘, and to individuals with disabilities who reside at home with and accompany older individuals who are el- igible under this chapter’’ before semicolon. Subsec. (a)(14). Pub. L. 100–175, § 182(k)(14), inserted ‘‘The plan shall’’, and in subpar. (E) substituted a pe- riod for semicolon. Subsec. (a)(15). Pub. L. 100–175, § 182(k)(15), inserted ‘‘The plan shall’’, and in subpar. (D) substituted a pe- riod for semicolon. Subsec. (a)(16). Pub. L. 100–175, § 182(k)(16), inserted ‘‘The plan shall’’, and in subpar. (C) substituted a pe- riod for semicolon. Pub. L. 100–175, § 144(d)(1), substituted ‘‘, if funds are not appropriated under section 3023(g) of this title for a fiscal year, provide that for such fiscal year’’ for sec- ond reference to ‘‘provide’’. Subsec. (a)(17) to (19). Pub. L. 100–175, § 182(k)(17)–(19), inserted ‘‘The plan shall’’ and substituted a period for semicolon. Subsec. (a)(20). Pub. L. 100–175, § 182(k)(20), inserted ‘‘The plan shall’’, and in subpar. (B)(ii) substituted a period for ‘‘; and’’. Subsec. (a)(20)(A). Pub. L. 100–175, § 155(e)(2)(A), sub- stituted ‘‘sections 3026(a)(2)(A) and 3026(a)(6)(P) of this title’’ for ‘‘section 3026(a)(2)(A) of this title’’. Subsec. (a)(21). Pub. L. 100–175, § 129(e), amended par. (21) generally. Prior to amendment, par. (21) read as follows: ‘‘provide that the State agency, from funds al- lotted under section 3024(a) of this title for part B will use an amount equal to an amount not less than 1 per- cent of such allotment or $20,000, whichever is greater, for the purpose of carrying out the provisions of clause (12), except that (A) the requirement of this clause Page 5745 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3027 shall not apply in any fiscal year in which a State spends from State or local sources an amount equal to the amount required to be spent by this clause; and (B) the provisions of this clause shall not apply to Amer- ican Samoa, Guam, the Virgin Islands, the Trust Terri- tory of the Pacific Islands, and the Commonwealth of the Northern Mariana Islands.’’ Subsec. (a)(22). Pub. L. 100–175, § 130(b), added par. (22). Subsec. (a)(23). Pub. L. 100–175, § 131(b), added par. (23). Subsec. (a)(24). Pub. L. 100–175, § 132(c)(2), added par. (24). Subsec. (a)(25). Pub. L. 100–175, § 136(c)(2), added par. (25). Subsec. (a)(26). Pub. L. 100–175, § 138, added par. (26). Subsec. (a)(27). Pub. L. 100–175, § 140(c)(2), added par. (27). Subsec. (a)(28). Pub. L. 100–175, § 141(c), added par. (28). Subsec. (a)(29). Pub. L. 100–175, § 142, added par. (29). Subsec. (a)(30). Pub. L. 100–175, § 144(d)(2), added par. (30). Subsec. (a)(31). Pub. L. 100–175, § 155(e)(2)(B), added par. (31). Subsec. (g). Pub. L. 100–175, § 137(b), added subsec. (g). 1984—Subsec. (a)(3)(A). Pub. L. 98–459, § 307(a)(1), sub- stituted ‘‘legal assistance’’ for ‘‘legal services’’. Subsec. (a)(10). Pub. L. 98–459, § 307(a)(2), substituted ‘‘supportive services or nutrition services’’ for ‘‘sup- portive services, including nutrition services’’, and in- serted ‘‘, or where such services are directly related to such State or area agency on aging’s administrative functions, or where such services of comparable quality can be provided more economically by such State or area agency on aging’’. Subsec. (a)(12)(A). Pub. L. 98–459, § 307(a)(3)(A)–(C), substituted ‘‘, other than an agency or organization which is responsible’’ for ‘‘which is not responsible’’, ‘‘which is an association’’ for ‘‘which is not an associa- tion’’, and ‘‘which provides an individual who will, on a full-time basis—’’ for ‘‘which will—’’, in provision preceding cl. (i). Subsec. (a)(12)(A)(iv). Pub. L. 98–459, § 307(a)(3)(D), substituted ‘‘training staff and volunteers’’ for ‘‘train- ing volunteers’’. Subsec. (a)(12)(E). Pub. L. 98–459, § 307(a)(3)(E)–(G), added subpar. (E). Subsec. (a)(13)(B). Pub. L. 98–459, § 307(a)(4)(A), sub- stituted ‘‘subclause (H)’’ for ‘‘subparagraph (H)’’. Subsec. (a)(13)(C)(i). Pub. L. 98–459, § 307(a)(4)(B), sub- stituted ‘‘solicit voluntary contributions’’ for ‘‘charge participating individuals’’. Subsec. (a)(13)(C)(ii). Pub. L. 98–459, § 307(a)(4)(C), sub- stituted ‘‘voluntary contributions’’ for ‘‘charges’’. Subsec. (a)(15). Pub. L. 98–459, § 307(a)(5), substituted ‘‘legal assistance’’ for ‘‘legal services’’ in provision pre- ceding subpar. (A). Subsec. (a)(15)(A). Pub. L. 98–459, § 307(a)(5), sub- stituted ‘‘legal assistance’’ for ‘‘legal services’’ wher- ever appearing. Subsec. (a)(15)(B). Pub. L. 98–459, § 307(a)(6), in amend- ing subpar. (B) generally, substituted provisions requir- ing assurances regarding the furnishing of legal assist- ance by grantees administering programs designed to provide legal assistance to older individuals with social or economic need for provisions requiring assurances regarding the furnishing of legal services by grantees who were either recipients of funds under the Legal Services Corporation Act or who administered pro- grams designed to provide legal services to all older in- dividuals with social or economic need. Subsec. (a)(16) to (18). Pub. L. 98–459, § 307(a)(10), added pars. (16) to (18). Former pars. (16) to (18) redesignated (19) to (21), respectively. Subsec. (a)(19), (20). Pub. L. 98–459, § 307(a)(9), redesig- nated former pars. (16) and (17) as (19) and (20), respec- tively. Subsec. (a)(20)(B)(ii). Pub. L. 98–459, § 307(a)(7), sub- stituted ‘‘; and’’ for the period at the end. Subsec. (a)(21). Pub. L. 98–459, § 307(a)(9), redesignated former par. (18) as (21). Subsec. (a)(21)(B). Pub. L. 98–459, § 307(a)(8), sub- stituted ‘‘Commonwealth of the Northern Mariana Is- lands’’ for ‘‘Northern Mariana Islands’’. Subsec. (b)(1). Pub. L. 98–459, § 307(b), substituted ‘‘the Commissioner finds’’ for ‘‘he finds’’. Subsec. (d). Pub. L. 98–459, § 307(c), substituted ‘‘in the Commissioner’s discretion’’ for ‘‘in his discretion’’, ‘‘until the Commissioner is satisfied’’ for ‘‘until he is satisfied’’, ‘‘Until the Commissioner is so satisfied’’ for ‘‘Until he is so satisfied’’, ‘‘the Commissioner shall pre- scribe’’ for ‘‘he shall prescribe’’, and ‘‘the provisions of this section’’ for ‘‘the provisions of section 307’’. Subsec. (e)(1). Pub. L. 98–459, § 307(d)(1), substituted ‘‘designated by the Commissioner’’ for ‘‘designated by him’’ and ‘‘the Commissioner’s action is based’’ for ‘‘he based his action’’. Subsec. (e)(2). Pub. L. 98–459, § 307(d)(2), substituted ‘‘set aside the Commissioner’s order’’ for ‘‘set aside his order’’. Subsec. (f). Pub. L. 98–459, § 307(e), added subsec. (f). 1981—Subsec. (a). Pub. L. 97–115, § 7(a), substituted ‘‘for a two-, three-, or four-year period determined by the State agency’’ for ‘‘for a 3-year period’’ in provi- sions preceding par. (1). Subsec. (a)(3)(A), (10). Pub. L. 97–115, § 3(d), sub- stituted ‘‘supportive services’’ for ‘‘social services’’. Subsec. (a)(13)(A). Pub. L. 97–115, § 7(b), substituted ‘‘aged 60 or older and to their spouses, and may be made available to handicapped or disabled individuals who have not attained 60 years of age but who reside in housing facilities occupied primarily by the elderly at which congregate nutrition services are provided’’ for ‘‘aged 60 or older, and to their spouses’’. Subsec. (a)(13)(B). Pub. L. 97–115, § 7(c), substituted ‘‘primary consideration shall be given to the provision of meals in a congregate setting, except that each area agency (i) may award funds made available under this subchapter to organizations for the provision of home delivered meals to older individuals in accordance with the provisions of subpart II of part C, based upon a de- termination of need made by the recipient of a grant or contract entered into under this subchapter, without requiring that such organizations also provide meals to older individuals in a congregate setting; and (ii) shall, in awarding such funds, select such organizations in a manner which complies with the provisions of subpara- graph (H)’’ for ‘‘each project will provide meals in a congregate setting, except that each such project may provide home delivered meals based upon a determina- tion of need made by the recipient of a grant or con- tract entered into under this subchapter’’. Subsec. (a)(13)(C)(ii). Pub. L. 97–115, § 7(d), inserted ‘‘, to facilitate access to such meals, and to provide other supportive services directly related to nutrition services’’ after ‘‘the project involved’’. Subsec. (a)(13)(D). Pub. L. 97–115, §§ 3(d), 7(e), inserted ‘‘in the case of meals served in a congregate setting,’’ before ‘‘a site for such services’’, substituted ‘‘sup- portive services’’ for ‘‘social services’’, and struck out ‘‘or home delivered meals are furnished to eligible indi- viduals who are homebound’’ after ‘‘transportation to such site is furnished’’. Subsec. (a)(13)(I). Pub. L. 97–115, § 7(f), substituted ‘‘each area agency shall establish procedures that will allow nutrition project administrators the option to offer a meal, on the same basis as meals are provided to elderly participants, to individuals providing volun- teer services during the meal hours’’ for ‘‘each State agency may only for fiscal years 1979 and 1980, use not to exceed 20 percent for the amounts allotted under part C to the State for supportive services, including recreational activities, informational services, health and welfare counseling, and referral services, directly related to the delivery of congregate or home delivered meals, except that the Commissioner may approve an application from a State to use not to exceed 50 percent of its amount allotted under part C in areas with un- usually high supportive services costs’’. Subsec. (a)(16) to (18). Pub. L. 97–115, § 7(g), added pars. (16) and (17) and redesignated former par. (16) as (18). Subsec. (b)(2), (3). Pub. L. 97–115, § 7(h), redesignated par. (3) as (2). Former par. (2), which related to the au- Page 5746 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3028 thority of the Commissioner to waive particular re- quirements of State plans for fiscal years 1979 and 1980, was struck out. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1992 AMENDMENT Amendment by sections 307 and 708(c)(4) of Pub. L. 102–375 inapplicable 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 sections 307 and 708(c)(4) of Pub. L. 102–375 inapplicable with respect to fiscal year 1992, see section 905(b)(2), (6) of Pub. L. 102–375, set out as a note under section 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. ASSESSMENT OF UNSATISFIED DEMAND FOR SUPPORTIVE SERVICES PROVIDED AT SENIOR CENTERS AND OTHER SITES Pub. L. 100–175, title I, § 111, Nov. 29, 1987, 101 Stat. 932, directed Commissioner on Aging, not later than Sept. 30, 1989, to submit to Congress a report assessing national unmet need for supportive services, nutrition services, and multipurpose senior centers by summa- rizing in detail for each State the results of the most recent evaluation conducted by the State agency under the then current plan submitted under 42 U.S.C. 3027(a)(3)(A) and containing recommendations of the Secretary with respect to need for administrative ac- tion and legislation relating to satisfying the demand for supportive services provided at senior centers and other sites. STUDY OF OMBUDSMAN PROGRAM Pub. L. 100–175, title I, § 129(b), Nov. 29, 1987, 101 Stat. 934, directed Commissioner on Aging, not later than Dec. 31, 1989, to conduct a study and submit a report to Congress concerning involvement in the ombudsman program established under 42 U.S.C. 3027(a)(12) and its impact upon issues and problems affecting residents of board and care facilities and other similar adult care homes who are older individuals as defined in 42 U.S.C. 3022(10), and the effectiveness of recruiting, super- vising, and retaining volunteer ombudsmen. § 3028. Cost of administration of State plans (a) Activities constituting administration; use of excess funds to supplement cost of adminis- tration of area plans; election to pay costs from sums received for administration of area plans (1) Amounts available to States under sub- section (b) may be used to make grants to States for paying such percentages as each State agency determines, but not more than 75 percent, of the cost of the administration of its State plan, including the preparation of the State plan, the evaluation of activities carried out under such plan, the collection of data and the carrying out of analyses related to the need for supportive services, nutrition services, and multipurpose senior centers within the State, and dissemination of information so obtained, the provision of short-term training to per- sonnel of public or nonprofit private agencies and organizations engaged in the operation of programs authorized by this chapter, and the carrying out of demonstration projects of state- wide significance relating to the initiation, ex- pansion, or improvement of services assisted under this subchapter. (2) Any sums available to a State under sub- section (b) for part of the cost of the administra- tion of its State plan which the State deter- mines is not needed for such purpose may be used by the State to supplement the amount available under section 3024(d)(1)(A) of this title to cover part of the cost of the administration of area plans. (3) Any State which has been designated a sin- gle planning and service area under section 3025(a)(1)(E) of this title covering all, or substan- tially all, of the older individuals in such State, as determined by the Assistant Secretary, may elect to pay part of the costs of the administra- tion of State and area plans either out of sums received under this section of out of sums made available for the administration of area plans under section 3024(d)(1)(A) of this title, but shall not pay such costs out of sums received or allot- ted under both such sections. (b) Formula for computation of allotment; appli- cation for additional funds; approval of ap- plication by Assistant Secretary; limitation on amount of additional funds; transfer of funds (1) If for any fiscal year the aggregate amount appropriated under section 3023 of this title does not exceed $800,000,000, then— (A) except as provided in subparagraph (B), the greater of— (i) 5 percent of the total amount of the al- lotments made to a State under sections 3024(a)(1) and 3030s–1(f) of this title; or (ii) $300,000; and (B) in the case of Guam, American Samoa, the United States Virgin Islands, the Trust Territory of the Pacific Islands, and the Com- monwealth of the Northern Mariana Islands, the greater of 5 percent of such total amount or $75,000; shall be available to such State to carry out the purposes of this section. (2) If for any fiscal year the aggregate amount appropriated under section 3023 of this title ex- ceeds $800,000,000, then— (A) except as provided in subparagraph (B), the greater of— (i) 5 percent of the total amount of the al- lotments made to a State under sections 3024(a)(1) and 3030s–1(f) of this title; or (ii) $750,000; and (B) in the case of Guam, American Samoa, the United States Virgin Islands, the Trust Territory of the Pacific Islands, and the Com- monwealth of the Northern Mariana Islands,