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42 U.S.C. § 3030b — Recapture of payments made for multi-

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

42 U.S.C. § 3030b — Recapture of payments made for multi-

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Source file: Laws/federal/codes/united-states-code-2024/title-42/section-3030b-recapture-of-payments-made-for-multi--8cff1cd01d.md
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Page 5754 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3030b Subsecs. (b), (c). Pub. L. 97–115, § 9(b), redesignated subsec. (c) as (b). Former subsec. (b), providing for the purchase, during fiscal years ending before Oct. 1, 1981, of high protein foods, meats, and meat alternatives by the Secretary of Agriculture for distribution to recipi- ents of grants or contracts to be used for providing nu- trition services in accordance with the provisions of this subchapter, was struck out. Subsec. (d). Pub. L. 97–115, § 9(c), added subsec. (d). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2007 AMENDMENT Pub. L. 110–19, § 3, Apr. 23, 2007, 121 Stat. 85, provided that: ‘‘(a) IN GENERAL.—The amendments made by section 2 [amending this section] shall take effect beginning with fiscal year 2008. ‘‘(b) APPLICATION PROCESS.—Effective on the date of enactment of this Act [Apr. 23, 2007], the Secretary of Agriculture shall take such actions as will enable State agencies and title VI [subchapter X of this chapter] grantees described in section 311 of the Older Ameri- cans Act of 1965 (42 U.S.C. 3030a) to apply during fiscal year 2007 for allotments under such section for fiscal year 2008.’’ 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 1986 AMENDMENT Pub. L. 99–269, § 5, Apr. 1, 1986, 100 Stat. 79, provided that: ‘‘This Act and the amendments made by this Act [amending this section and enacting provisions set out as notes under this section and section 3001 of this title] shall take effect on October 1, 1985.’’ 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. ESTABLISHMENT OF MAXIMUM RATE OF REIMBURSEMENT TO STATES FOR MEALS; AVAILABILITY OF FUNDS Pub. L. 104–37, title IV, Oct. 21, 1995, 109 Stat. 324, pro- vided in part: ‘‘That hereafter notwithstanding any other provision of law, for meals provided pursuant to the Older Americans Act of 1965 [42 U.S.C. 3001 et seq.], a maximum rate of reimbursement to States will be es- tablished by the Secretary, subject to reduction if obli- gations would exceed the amount of available funds, with any unobligated funds to remain available only for obligation in the fiscal year beginning October 1, 1996.’’ AUTHORIZATION OF APPROPRIATIONS Pub. L. 99–269, § 3(a), Apr. 1, 1986, 100 Stat. 78, author- ized appropriations for fiscal year 1985 in order to pro- vide reimbursement at the level of 56.76 cents per meal during fiscal year 1985 determined under subsec. (a)(4) of this section. § 3030b. Recapture of payments made for multi- purpose senior centers If, within 10 years after acquisition, or within 20 years after the completion of construction, of any facility for which funds have been paid under this subchapter— (1) the owner of the facility ceases to be a public or nonprofit private agency or organiza- tion; or (2) the facility ceases to be used for the pur- poses for which it was acquired (unless the As- sistant Secretary determines, in accordance with regulations, that there is good cause for releasing the applicant or other owner from the obligation to do so); the United States shall be entitled to recover from the applicant or other owner of the facility an amount which bears to the then value of the facility (or so much thereof as constituted an approved project or projects) the same ratio as the amount of such Federal funds bore to the cost of the facility financed with the aid of such funds. Such value shall be determined by agree- ment of the parties or by action brought in the United States district court for the district in which such facility is situated. (Pub. L. 89–73, title III, § 312, as added Pub. L. 95–478, title I, § 103(b), Oct. 18, 1978, 92 Stat. 1534; amended Pub. L. 103–171, § 3(a)(13), Dec. 2, 1993, 107 Stat. 1990.) Editorial Notes AMENDMENTS 1993—Par. (2). Pub. L. 103–171 substituted ‘‘Assistant Secretary’’ for ‘‘Commissioner’’. 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. § 3030c. Audit; request for information (a) The Assistant Secretary and the Comp- troller General of the United States or any of their duly authorized representatives shall have access for the purpose of audit and examination to any books, documents, papers, and records that are pertinent to a grant or contract re- ceived under this subchapter. (b) State agencies and area agencies on aging shall not request information or data from pro- viders which is not pertinent to services fur- nished pursuant to this chapter or a payment made for such services. (Pub. L. 89–73, title III, § 313, as added Pub. L. 95–478, title I, § 103(b), Oct. 18, 1978, 92 Stat. 1535; amended Pub. L. 98–459, title III, § 311, Oct. 9, 1984, 98 Stat. 1779; Pub. L. 103–171, § 3(a)(13), Dec. 2, 1993, 107 Stat. 1990.) Editorial Notes AMENDMENTS 1993—Subsec. (a). Pub. L. 103–171 substituted ‘‘Assist- ant Secretary’’ for ‘‘Commissioner’’. 1984—Pub. L. 98–459 designated existing provisions as subsec. (a) and added subsec. (b). Statutory Notes and Related Subsidiaries 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.

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

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

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

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

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

Page 5667 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3001 Sec. SUBCHAPTER VI—NATIONAL OLDER AMERICANS VOLUNTEER PROGRAM 3044 to 3044e. Repealed. SUBCHAPTER VII—NUTRITION PROGRAM FOR THE ELDERLY 3045 to 3045i. Repealed. SUBCHAPTER VIII—GENERAL PROVISIONS 3051 to 3055. Repealed. SUBCHAPTER IX—COMMUNITY SERVICE SENIOR OPPORTUNITIES 3056. Older American community service em- ployment program. 3056a. Administration. 3056b. Participants not Federal employees. 3056c. Interagency cooperation. 3056d. Distribution of assistance. 3056e. Equitable distribution. 3056f. Report. 3056g. Employment assistance and Federal housing and supplemental nutrition as- sistance programs. 3056h. Eligibility for workforce investment ac- tivities. 3056i. Coordination with the Workforce Inno- vation and Opportunity Act. 3056j. Treatment of assistance. 3056k. Performance. 3056l. Competitive requirements relating to grant awards. 3056m. Report on service to minority individ- uals. 3056n. Sense of Congress. 3056o. Authorization of appropriations. 3056p. Definitions and rule. SUBCHAPTER X—GRANTS FOR NATIVE AMERICANS 3057. Statement of purpose. 3057a. Sense of Congress. PART A—INDIAN PROGRAM 3057b. Findings. 3057c. Eligibility. 3057d. Grants authorized. 3057e. Applications. 3057e–1. Distribution of funds among tribal orga- nizations. 3057f. Surplus educational facilities. PART B—NATIVE HAWAIIAN PROGRAM 3057g. Findings. 3057h. Eligibility. 3057i. Grants authorized. 3057j. Application. 3057j–1. Distribution of funds among organiza- tions. 3057k. ‘‘Native Hawaiian’’ defined. PART C—NATIVE AMERICAN CAREGIVER SUPPORT PROGRAM 3057k–11. Program. PART D—SUPPORTIVE SERVICES FOR HEALTHY AGING AND INDEPENDENCE 3057k–21. Program.

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

42 U.S.C. § 3030a — Nutrition services incentive program

**(a) Purpose** The purpose of this section is to provide incentives to encourage and reward effective performance by States and tribal organizations in the efficient delivery of nutritious meals to older individuals. **(b) Allotment and provision and payment** (1) The Secretary shall allot and provide, in accordance with this section, to or on behalf of each State agency with a plan approved under this subchapter for a fiscal year, and to or on behalf of each grantee with an application approved under subchapter X for such fiscal year, an amount bearing the same ratio to the total amount appropriated for such fiscal year under subsection (e) as the number of meals served in the State under such plan approved for the preceding fiscal year (or the number of meals served by the title VI [subchapter X] grantee, under such application approved for such preceding fiscal year), bears to the total number of such meals served in all States and by all title VI [subchapter X] grantees under all such plans and applications approved for such preceding fiscal year. (2) For purposes of paragraph (1), in the case of a grantee that has an application approved under subchapter X for a fiscal year but that did not receive assistance under this section for the preceding fiscal year, the number of meals served by the title VI [subchapter X] grantee for the preceding fiscal year shall be deemed to equal the number of meals that the Assistant Secretary estimates will be served by the title VI [subchapter X] grantee in the fiscal year for which the application was approved. **(c) Donation of products** (1) Agricultural commodities (including bonus commodities) and products purchased by the Secretary of Agriculture under [section 612c of title 7](https://uscode.house.gov/view.xhtml?req=gr

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

42 U.S.C. § 3030a — Nutrition services incentive program

Page 5751 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3030a AMENDMENTS 2000—Subsec. (a)(1). Pub. L. 106–501, § 308(1)(A), in- serted ‘‘(or to any tribal organization receiving a grant under subchapter X)’’ after ‘‘any State’’ and ‘‘(or funds used by such tribal organization)’’ before ‘‘for the deliv- ery of supportive services’’. Subsec. (a)(2). Pub. L. 106–501, § 308(1)(B), inserted ‘‘and such tribal organizations’’ after ‘‘States’’. Subsec. (a)(3). Pub. L. 106–501, § 308(1)(C), inserted ‘‘or such tribal organization’’ after ‘‘State’’ in two places. Subsecs. (b)(1), (c). Pub. L. 106–501, § 308(2), inserted ‘‘and such tribal organizations’’ after ‘‘States’’. 1993—Pub. L. 103–171, § 3(a)(13), substituted ‘‘Assistant Secretary’’ for ‘‘Commissioner’’ wherever appearing in subsecs. (a)(1), (3) and (b)(1). Subsec. (a)(1). Pub. L. 103–171, § 2(10), substituted ‘‘Robert T. Stafford Disaster Relief and Emergency As- sistance Act’’ for ‘‘Disaster Relief and Emergency As- sistance Act’’. 1992—Subsec. (a)(1). Pub. L. 102–375, §§ 102(b)(10)(A), 309(1)(A), substituted ‘‘area agencies on aging’’ for ‘‘area agencies’’ and inserted ‘‘(and related supplies)’’ after ‘‘supportive services’’. Subsec. (a)(2). Pub. L. 102–375, § 309(2), substituted ‘‘2 percent’’ for ‘‘5 percent’’ and ‘‘to carry out subchapter IV’’ for ‘‘for carrying out the purposes of section 3035a of this title’’. Subsec. (a)(3). Pub. L. 102–375, § 309(1)(B), added par. (3). Subsec. (b)(1). Pub. L. 102–375, § 309(2), substituted ‘‘2 percent’’ for ‘‘5 percent’’ and ‘‘to carry out subchapter IV’’ for ‘‘for carrying out the purposes of section 3035a of this title’’. Subsec. (b)(2). Pub. L. 102–375, § 309(2)(B), substituted ‘‘to carry out subchapter IV’’ for ‘‘for carrying out the purposes of secti

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

42 U.S.C. § 3030b — Recapture of payments made for multipurpose senior centers

If, within 10 years after acquisition, or within 20 years after the completion of construction, of any facility for which funds have been paid under this subchapter— (1) the owner of the facility ceases to be a public or nonprofit private agency or organization; or (2) the facility ceases to be used for the purposes for which it was acquired (unless the Assistant Secretary determines, in accordance with regulations, that there is good cause for releasing the applicant or other owner from the obligation to do so); the United States shall be entitled to recover from the applicant or other owner of the facility an amount which bears to the then value of the facility (or so much thereof as constituted an approved project or projects) the same ratio as the amount of such Federal funds bore to the cost of the facility financed with the aid of such funds. Such value shall be determined by agreement of the parties or by action brought in the United States district court for the district in which such facility is situated.

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