42 U.S.C. § 3021 — Purpose and program

Page 5713 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3021 of’’ after ‘‘appropriated for’’ and substituted ‘‘2001, 2002, 2003, 2004, and 2005’’ for ‘‘1992, 1993, 1994, and 1995.’’ Subsecs. (b), (c). Pub. L. 106–501, § 205(2), added sub- secs. (b) and (c) and struck out heading and text of former subsec. (b). Text read as follows: ‘‘There are au- thorized to be appropriated for salaries and expenses of the Administration on Aging— ‘‘(1) $17,000,000 for fiscal year 1992, $20,000,000 for fis- cal year 1993, $24,000,000 for fiscal year 1994, and $29,000,000 for fiscal year 1995; and ‘‘(2) such additional sums as may be necessary for each such fiscal year to enable the Assistant Sec- retary to provide for not fewer than 300 full-time em- ployees (or the equivalent thereof) in the Administra- tion on Aging.’’ 1993—Subsec. (b)(2). Pub. L. 103–171 substituted ‘‘As- sistant Secretary’’ for ‘‘Commissioner’’. § 3020g. National Technical Assistance Center on Grandfamilies and Kinship Families (a) In general In addition to amounts otherwise available, there is appropriated to the Secretary of Health and Human Services for fiscal year 2021, out of any money in the Treasury not otherwise appro- priated, $10,000,000, to remain available through September 30, 2025, for the Secretary, acting through the Administrator of the Administra- tion for Community Living, to establish, di- rectly or through grants or contracts, a Na- tional Technical Assistance Center on Grandfamilies and Kinship Families (in this sec- tion referred to as the ‘‘Center’’) to provide training, technical assistance, and resources for government programs, nonprofit and other com- munity-based organizations, and Indian Tribes, Tribal organizations, and urban Indian organiza- tions, that serve grandfamilies and kinship fam- ilies to support the health and well-being of members of grandfamilies and kinship families, including caregivers, children, and their par- ents. The Center shall focus primarily on serv- ing grandfamilies and kinship families in which the primary caregiver is an adult age 55 or older, or the child has one or more disabilities. (b) Activities of the Center The Center shall— (1) engage experts to stimulate the develop- ment of new and identify existing evidence- based, evidence-informed, and exemplary prac- tices or programs related to health promotion (including mental health and substance use disorder treatment), education, nutrition, housing, financial needs, legal issues, dis- ability self-determination, caregiver support, and other issues to help serve caregivers, chil- dren, and their parents in grandfamilies and kinship families; (2) encourage and support the implementa- tion of the evidence-based, evidence-informed, and exemplary practices or programs identi- fied under paragraph (1) to support grandfamilies and kinship families and to pro- mote coordination of services for grandfamilies and kinship families across sys- tems that support them; (3) facilitate learning across States, terri- tories, Indian Tribes, Tribal organizations, and urban Indian organizations for providing technical assistance, resources, and training related to issues described in paragraph (1) to individuals and entities across systems that directly work with grandfamilies and kinship families; (4) help government programs, nonprofit and other community-based organizations, and In- dian Tribes, Tribal organizations, and urban Indian organizations, serving grandfamilies and kinship families, to plan and coordinate responses to assist grandfamilies and kinship families during national, State, Tribal, terri- torial, and local emergencies and disasters; and (5) assist government programs, and non- profit and other community-based organiza- tions, in promoting equity and implementing culturally and linguistically appropriate ap- proaches as the programs and organizations serve grandfamilies and kinship families. (Pub. L. 117–2, title II, § 2922, Mar. 11, 2021, 135 Stat. 52.) Editorial Notes CODIFICATION Section was enacted as part of the American Rescue Plan Act of 2021, and not as part of the Older Americans Act of 1965 which comprises this chapter. SUBCHAPTER III—GRANTS FOR STATE AND COMMUNITY PROGRAMS ON AGING PART A—GENERAL PROVISIONS § 3021. Purpose and program (a) Congressional declaration of purpose (1) It is the purpose of this subchapter to en- courage and assist State agencies and area agen- cies on aging to concentrate resources in order to develop greater capacity and foster the devel- opment and implementation of comprehensive and coordinated systems to serve older individ- uals by entering into new cooperative arrange- ments in each State with the persons described in paragraph (2), for the planning, and for the provision of, supportive services, and multipur- pose senior centers, in order to— (A) secure and maintain maximum independ- ence and dignity in a home environment for older individuals capable of self care with ap- propriate supportive services; (B) remove individual and social barriers to economic and personal independence for older individuals; (C) provide a continuum of care for vulner- able older individuals; (D) secure the opportunity for older individ- uals to receive managed in-home and commu- nity-based long-term care services; and (E) measure impacts related to social deter- minants of health of older individuals. (2) The persons referred to in paragraph (1) in- clude— (A) State agencies and area agencies on aging; (B) other State agencies, including agencies that administer home and community care programs; (C) Indian tribes, tribal organizations, and Native Hawaiian organizations; (D) the providers, including voluntary orga- nizations or other private sector organiza- Page 5714 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3021 1 So in original. tions, of supportive services, nutrition serv- ices, and multipurpose senior centers; (E) organizations representing or employing older individuals or their families; and (F) organizations that have experience in providing training, placement, and stipends for volunteers or participants who are older individuals (such as organizations carrying out Federal service programs administered by the Corporation for National and Community Service), in community service settings. (b) Administration of program (1) In order to effectively carry out the pur- pose of this subchapter, the Assistant Secretary shall administer programs under this subchapter through the Administration. (2) In carrying out the provisions of this sub- chapter, the Assistant Secretary may request the technical assistance and cooperation of the Department of Education, the Department of Labor, the Department of Housing and Urban Development, the Department of Transpor- tation, the Office of Community Services, the Department of Veterans Affairs, the Substance Abuse and Mental Health Services Administra- tion,,1 and such other agencies and departments of the Federal Government as may be appro- priate. (c) Ombudsman program The Assistant Secretary shall provide tech- nical assistance and training (by contract, grant, or otherwise) to State long-term care om- budsman programs established under section 3027(a)(9) of this title in accordance with section 3058g of this title, and to individuals within such programs designated under section 3058g of this title to be representatives of a long-term care ombudsman, in order to enable such ombudsmen and such representatives to carry out the om- budsman program effectively. (d) Use of funds (1) Any funds received under an allotment as described in section 3024(a) of this title, or funds contributed toward the non-Federal share under section 3024(d) of this title, shall be used only for activities and services to benefit older indi- viduals and other individuals as specifically pro- vided for in this subchapter. (2) No provision of this subchapter shall be construed as prohibiting a State agency or area agency on aging from providing services by using funds from sources not described in para- graph (1). (Pub. L. 89–73, title III, § 301, as added Pub. L. 95–478, title I, § 103(b), Oct. 18, 1978, 92 Stat. 1516; amended Pub. L. 97–115, § 3(a), (d), Dec. 29, 1981, 95 Stat. 1596, 1597; Pub. L. 98–459, title III, § 301, Oct. 9, 1984, 98 Stat. 1771; Pub. L. 100–175, title I, §§ 104(b), 105(c), 121, 129(a), Nov. 29, 1987, 101 Stat. 929, 930, 933, 934; Pub. L. 100–628, title VII, § 705(3), Nov. 7, 1988, 102 Stat. 3247; Pub. L. 102–54, § 13(q)(9)(B), June 13, 1991, 105 Stat. 281; Pub. L. 102–321, title I, § 163(c)(2)(B), July 10, 1992, 106 Stat. 377; Pub. L. 102–375, title I, § 102(b)(1)(A), title III, § 301, title VII, § 708(a)(2)(B), Sept. 30, 1992, 106 Stat. 1200, 1219, 1292; Pub. L. 103–171, § 3(a)(13), Dec. 2, 1993, 107 Stat. 1990; Pub. L. 106–501, title III, § 301, title VIII, § 801(c)(1), Nov. 13, 2000, 114 Stat. 2238, 2292; Pub. L. 109–365, title III, § 301, Oct. 17, 2006, 120 Stat. 2538; Pub. L. 116–131, title II, § 201, Mar. 25, 2020, 134 Stat. 254.) Editorial Notes PRIOR PROVISIONS A prior section 3021, Pub. L. 89–73, title III, § 301, as added Pub. L. 93–29, title III, § 301, May 3, 1973, 87 Stat. 36, related to the purpose of this subchapter, prior to the general amendment of this subchapter by Pub. L. 95–478. Another prior section 3021, Pub. L. 89–73, title III, § 301, July 14, 1965, 79 Stat. 220; Pub. L. 90–42, § 2(a), July 1, 1967, 81 Stat. 106; Pub. L. 91–69, § 2(a), Sept. 17, 1969, 83 Stat. 108, related to a description of activities and authorized appropriations for fiscal years ending June 30, 1966, through 1972, prior to repeal by Pub. L. 93–29, title III, § 301, May 3, 1973, 87 Stat. 36. AMENDMENTS 2020—Subsec. (a)(1)(E). Pub. L. 116–131 added subpar. (E). 2006—Subsec. (a)(2)(F). Pub. L. 109–365 added subpar. (F). 2000—Subsec. (c). Pub. L. 106–501, § 801(c)(1), sub- stituted ‘‘3027(a)(9)’’ for ‘‘3027(a)(12)’’. Subsec. (d). Pub. L. 106–501, § 301, added subsec. (d). 1993—Subsecs. (b), (c). Pub. L. 103–171 substituted ‘‘Assistant Secretary’’ for ‘‘Commissioner’’ wherever appearing. 1992—Subsec. (a). Pub. L. 102–375, § 301, amended sub- sec. (a) generally. Prior to amendment, subsec. (a) read as follows: ‘‘It is the purpose of this subchapter to en- courage and assist State and area agencies to con- centrate resources in order to develop greater capacity and foster the development and implementation of comprehensive and coordinated service systems to serve older individuals by entering into new coopera- tive arrangements in each State with State and area agencies, with Indian tribes, tribal organizations, and Native Hawaiian organizations, and with the providers, including voluntary organizations, of supportive serv- ices, including nutrition services and multipurpose sen- ior centers, for the planning, and for the provision of, supportive services, nutrition services, and multipur- pose senior centers, in order to— ‘‘(1) secure and maintain maximum independence and dignity in a home environment for older individ- uals capable of self care with appropriate supportive services; ‘‘(2) remove individual and social barriers to eco- nomic and personal independence for older individ- uals; and ‘‘(3) provide a continuum of care for the vulnerable elderly.’’ Subsec. (b)(1). Pub. L. 102–375, § 102(b)(1)(A), sub- stituted ‘‘Administration’’ for ‘‘Administration on Aging’’. Subsec. (b)(2). Pub. L. 102–321 substituted ‘‘the Sub- stance Abuse and Mental Health Services Administra- tion’’ for ‘‘the Alcohol, Drug Abuse, and Mental Health Administration’’. Subsec. (c). Pub. L. 102–375, § 708(a)(2)(B), substituted ‘‘in accordance with section 3058g of this title, and to individuals within such programs designated under sec- tion 3058g of this title’’ for ‘‘, and to individuals des- ignated under such section’’. 1991—Subsec. (b)(2). Pub. L. 102–54 substituted ‘‘De- partment of Veterans Affairs’’ for ‘‘Veterans’ Adminis- tration’’. 1988—Subsec. (a). Pub. L. 100–628 substituted ‘‘Native Hawaiian organizations,’’ for ‘‘Native Hawaiian organi- zations,,’’. 1987—Subsec. (a). Pub. L. 100–175, § 121, inserted ‘‘, with Indian tribes, tribal organizations, and Native Page 5715 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3022 Hawaiian organizations,’’ after second reference to ‘‘agencies’’. Subsec. (b)(2). Pub. L. 100–175, § 105(c), inserted ‘‘the Alcohol, Drug Abuse, and Mental Health Administra- tion,’’ after ‘‘Veterans’ Administration,’’. Pub. L. 100–175, § 104(b), inserted ‘‘, the Veterans’ Ad- ministration,’’ after ‘‘Office of Community Services’’. Subsec. (c). Pub. L. 100–175, § 129(a), added subsec. (c). 1984—Subsec. (a). Pub. L. 98–459 substituted ‘‘area agencies’’ for ‘‘local agencies’’ in two places, inserted ‘‘and implementation’’, inserted ‘‘, including voluntary organizations,’’, and struck out ‘‘for the provision of’’ after ‘‘planning’’. 1981—Subsec. (a). Pub. L. 97–115, § 3(d), substituted ‘‘supportive services’’ for ‘‘social services’’ in two places. Subsec. (b)(2). Pub. L. 97–115, § 3(a), substituted ‘‘co- operation of the Department of Education, the Depart- ment of Labor, the Department of Housing and Urban Development, the Department of Transportation, the Office of Community Services, and such other agencies and departments’’ for ‘‘cooperation of the Department of Labor, the Community Services Administration, the Department of Housing and Urban Development, the Department of Transportation, and such other agencies and departments’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1992 AMENDMENTS Amendment by section 708(a)(2)(B) 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 section 708(a)(2)(B) of Pub. L. 102–375 inapplicable with respect to fiscal year 1992, see section 905(b)(6) of Pub. L. 102–375, set out as a note under sec- tion 3001 of this title. Amendment by Pub. L. 102–321 effective Oct. 1, 1992, see section 801(c) of Pub. L. 102–321, set out as a note under section 836 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. COORDINATION AND CONSOLIDATION OF SERVICES UNDER CHAPTER Pub. L. 95–478, title I, § 103(a), Oct. 18, 1978, 92 Stat. 1516, provided that: ‘‘(1) The Congress finds that— ‘‘(A) approximately 3 percent of the eligible popu- lation is presently served under community services programs authorized under the Older Americans Act of 1965 [this chapter], 17 percent of whom are minor- ity group members; ‘‘(B) approximately 1 percent of the eligible popu- lation is presently served by the nutrition program authorized under the Older Americans Act of 1965 [this chapter], 21 percent of whom are minority group members; ‘‘(C) there is program fragmentation at the na- tional, State, and local levels which inhibits effective use of existing resources; and ‘‘(D) coordination and consolidation of services pro- vided under the Older Americans Act of 1965 [this chapter] allowing greater local determination to as- sess the need for services will facilitate achieving the goals of the Older Americans Act of 1965. ‘‘(2) It is the purpose of the amendments made by subsection (b) [amending sections 3021 to 3029 of this title and enacting sections 3030 to 3030g of this title] to combine within a consolidated title, subject to the modifications imposed by the provisions and require- ments of the amendments made by subsection (b), the programs authorized by title III, title V, and title VII of the Older Americans Act of 1965 [former subchapters III, V, and VII of this chapter, respectively, as in effect prior to their revision by Pub. L. 95–478] in the fiscal year 1978, and funds appropriated to carry out such con- solidated title shall be used solely for the purposes and for the assistance of the same types of programs au- thorized under the provisions of such titles.’’ § 3022. Definitions For the purpose of this subchapter— (1) The term ‘‘comprehensive and coordi- nated system’’ means a system for providing all necessary supportive services, including nutrition services, in a manner designed to— (A) facilitate accessibility to, and utiliza- tion of, all supportive services and nutrition services provided within the geographic area served by such system by any public or pri- vate agency or organization; (B) develop and make the most efficient use of supportive services and nutrition services in meeting the needs of older indi- viduals; (C) use available resources efficiently and with a minimum of duplication; and (D) encourage and assist public and private entities that have unrealized potential for meeting the service needs of older individ- uals to assist the older individuals on a vol- untary basis. (2) The term ‘‘education and training serv- ice’’ means a supportive service designed to assist older individuals to better cope with their economic, health, and personal needs through services such as consumer education, continuing education, health education, pre- retirement education, financial planning, and other education and training services which will advance the objectives of this chapter. (3) The term ‘‘family caregiver’’ means an adult family member, or another individual, who is an informal provider of in-home and community care to an older individual or to an individual of any age with Alzheimer’s dis- ease or a related disorder with neurological and organic brain dysfunction. (4) The term ‘‘unit of general purpose local government’’ means— (A) a political subdivision of the State whose authority is general and not limited to only one function or combination of re- lated functions; or (B) an Indian tribal organization. (Pub. L. 89–73, title III, § 302, as added Pub. L. 95–478, title I, § 103(b), Oct. 18, 1978, 92 Stat. 1517; amended Pub. L. 97–115, § 3(b), (d), Dec. 29, 1981, 95 Stat. 1596, 1597; Pub. L. 98–459, title III, § 302, Oct. 9, 1984, 98 Stat. 1771; Pub. L. 100–175, title I, §§ 136(a)(2), 144(a), 182(b)(2), (e)(1), Nov. 29, 1987, 101 Stat. 943, 948, 964; Pub. L. 102–375, title I,