1 So in original. A closing parenthesis probably should not appear.
and
2 See References in Text note below.
for fiscal year 1981, and did not lose the designation as a result of failure to comply with such Act; or
3 So in original. The word “and” probably should not appear.
4 So in original. The period probably should be a semicolon.
Editorial Notes
References in Text

The Economic Opportunity Act of 1964, referred to in subsec. (a)(6)(C)(ii)(I), is Puspan. L. 88–452, Aug. 20, 1964, 78 Stat. 508, which was classified generally to chapter 34 (§ 2701 et seq.) of this title prior to repeal, except for titles VIII and X, by Puspan. L. 97–35, title VI, § 683(a), Aug. 13, 1981, 95 Stat. 519. Titles VIII and X of the Act are classified generally to subchapters VIII (§ 2991 et seq.) and X (§ 2996 et seq.) of chapter 34 of this title. Section 210 of the Act was classified to section 2790 of this title prior to repeal by Puspan. L. 97–35. For complete classification of this Act to the Code, see Tables.

The Social Security Act, referred to in subsec. (d), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Titles XIX and XX of the Act are classified generally to subchapters XIX (§ 1396 et seq.) and XX (§ 1397 et seq.), respectively, of chapter 7 of this title. For complete classification of this Act to the Code, see section 1305 of this title and Tables.

The Rehabilitation Act of 1973, referred to in subsec. (d), is Puspan. L. 93–112, Sept. 26, 1973, 87 Stat. 355, which is classified generally to chapter 16 (§ 701 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 701 of Title 29 and Tables.

Prior Provisions

A prior section 3026, Puspan. L. 89–73, title III, § 306, as added Puspan. L. 93–29, title III, § 301, May 3, 1973, 87 Stat. 43; amended Puspan. L. 94–135, title I, § 107, Nov. 28, 1975, 89 Stat. 716, related to the planning, coordination, evaluation, and administration of State plans, prior to the general amendment of this subchapter by Puspan. L. 95–478. See section 3028 of this title.

Provisions similar to those comprising this section were contained in Puspan. L. 89–73, title III, § 304, as added Puspan. L. 93–29, title III, § 301, May 3, 1973, 87 Stat. 38; amended Puspan. L. 94–135, title I, §§ 105, 106(c), Nov. 28, 1975, 89 Stat. 715, 716, which was classified to section 3024 of this title prior to repeal by Puspan. L. 95–478.

Amendments

2020—Subsec. (a)(1). Puspan. L. 116–131, § 701(8)(A), inserted “the number of older individuals at risk for institutional placement residing in such area,” before “and the number of older individuals who are Indians”.

Subsec. (a)(2)(B). Puspan. L. 116–131, § 701(8)(B), substituted “with Alzheimer’s disease” for “who are victims of Alzheimer’s disease”.

Subsec. (a)(4)(B)(i)(VII). Puspan. L. 116–131, § 205(1), inserted “, specifically including survivors of the Holocaust” after “placement”.

Subsec. (a)(4)(B)(ii). Puspan. L. 116–131, § 205(2), substituted “(VII)” for “(VI)”.

Subsec. (a)(6)(I). Puspan. L. 116–131, § 104(2)(A), added subpar. (I).

Subsec. (a)(9). Puspan. L. 116–131, § 206(1), amended par. (9) generally. Prior to amendment, par. (9) read as follows: “provide assurances that the area agency on aging, in carrying out the State Long-Term Care Ombudsman program under section 3027(a)(9) of this title, will expend not less than the total amount of funds appropriated under this chapter and expended by the agency in fiscal year 2000 in carrying out such a program under this subchapter;”.

Subsec. (a)(18), (19). Puspan. L. 116–131, § 207(a), added pars. (18) and (19).

Subsec. (span)(3)(K). Puspan. L. 116–131, § 104(2)(B)(i), realigned margins and substituted semicolon for “; and” at end.

Subsec. (span)(3)(L), (M). Puspan. L. 116–131, § 104(2)(B)(ii), (iii), added subpar. (L) and redesignated former subpar. (L) as (M).

Subsec. (g). Puspan. L. 116–131, § 118(span), added subsec. (g).

2016—Subsec. (a)(1). Puspan. L. 114–144, § 4(d)(1)(A), substituted “establishment, maintenance, modernization, or construction of multipurpose senior centers (including a plan to use the skills and services of older individuals in paid and unpaid work, including multigenerational and older individual to older individual work),” for “establishment, maintenance, or construction of multipurpose senior centers,”.

Subsec. (a)(2)(A). Puspan. L. 114–144, § 9(4)(A), inserted “and behavioral” after “mental”.

Subsec. (a)(6)(F). Puspan. L. 114–144, § 9(4)(B), substituted “mental and behavioral health services” for “mental health services” wherever appearing.

Subsec. (a)(6)(H). Puspan. L. 114–144, § 4(d)(1)(B), added subpar. (H).

Subsec. (span)(3)(K), (L). Puspan. L. 114–144, § 4(d)(2), added subpar. (K) and redesignated former subpar. (K) as (L).

2006—Subsec. (a)(1). Puspan. L. 109–365, § 306(1)(A)(iii), which directed the insertion of “the number of older individuals at risk for institutional placement residing in such area,” after “individuals) residing in such area,”, was executed by making the insertion after “individuals residing in rural areas) residing in such area,” to reflect the probable intent of Congress and amendments by Puspan. L. 106–501, § 305(a)(1) and Puspan. L. 109–365, § 306(1)(A)(ii). See notes below.

Puspan. L. 109–365, § 306(1)(A)(ii), which directed the substitution of “(with particular attention to low-income older individuals, including low-income minority older individuals, older individuals with limited English proficiency, and older individuals residing in rural areas)” for “(with particular attention to low-income minority individuals)”, was executed by making the substitution for “(with particular attention to low-income minority individuals and older individuals residing in rural areas)” the second place that phrase appeared, to reflect the probable intent of Congress and amendment by Puspan. L. 106–501, § 305(a)(1). See 2000 Amendment note below.

Puspan. L. 109–365, § 306(1)(A)(i), substituted “(with particular attention to low-income older individuals, including low-income minority older individuals, older individuals with limited English proficiency, and older individuals residing in rural areas)” for “(with particular attention to low-income minority individuals and older individuals residing in rural areas)”, the first place that phrase appeared.

Subsec. (a)(2)(A). Puspan. L. 109–365, § 306(1)(B), inserted “health services (including mental health services),” after “transportation,” and “(which may include information and assistance to consumers on availability of services under part B and how to receive benefits under and participate in publicly supported programs for which the consumer may be eligible)” after “information and assistance”.

Subsec. (a)(4)(A)(i). Puspan. L. 109–365, § 306(1)(C)(i)(I), amended cl. (i) generally. Prior to amendment, cl. (i) read as follows: “provide assurances that the area agency on aging will set specific objectives for providing services to older individuals with greatest economic need and older individuals with greatest social need, include specific objectives for providing services to low-income minority individuals and older individuals residing in rural areas, and include proposed methods of carrying out the preference in the area plan;”.

Subsec. (a)(4)(A)(ii). Puspan. L. 109–365, § 306(1)(C)(i)(II), inserted “, older individuals with limited English proficiency,” after “low-income minority individuals” in subcls. (I) to (III).

Subsec. (a)(4)(B). Puspan. L. 109–365, § 306(1)(C)(ii)(I), realigned margins.

Subsec. (a)(4)(B)(i)(V). Puspan. L. 109–365, § 306(1)(C)(ii)(II)(aa), substituted “with limited English proficiency;” for “with limited English-speaking ability; and”.

Subsec. (a)(4)(B)(i)(VI). Puspan. L. 109–365, § 306(1)(C)(ii)(II)(bspan), substituted “and related” for “or related”.

Subsec. (a)(4)(B)(i)(VII). Puspan. L. 109–365, § 306(1)(C)(ii)(II)(cc), added subcl. (VII).

Subsec. (a)(5). Puspan. L. 109–365, § 306(1)(D), inserted “and individuals at risk for institutional placement” after “severe disabilities”.

Subsec. (a)(6)(C)(iii). Puspan. L. 109–365, § 306(1)(E)(i), added cl. (iii).

Subsec. (a)(6)(D). Puspan. L. 109–365, § 306(1)(E)(ii), inserted “family caregivers of such individuals,” after “chapter,” and “service providers, representatives of the business community,” after “older individuals,”.

Subsec. (a)(6)(F). Puspan. L. 109–365, § 306(1)(E)(iii), amended subpar. (F) generally. Prior to amendment, subpar. (F) read as follows: “coordinate any mental health services provided with funds expended by the area agency on aging for part B of this subchapter with the mental health services provided by community health centers and by other public agencies and nonprofit private organizations; and”.

Subsec. (a)(7). Puspan. L. 109–365, § 306(1)(F), amended par. (7) generally. Prior to amendment, par. (7) read as follows: “provide that the area agency on aging will facilitate the coordination of community-based, long-term care services designed to enable older individuals to remain in their homes, by means including—

“(A) development of case management services as a component of the long-term care services, consistent with the requirements of paragraph (8);

“(B) involvement of long-term care providers in the coordination of such services; and

“(C) increasing community awareness of and involvement in addressing the needs of residents of long-term care facilities;”.

Subsec. (a)(14) to (17). Puspan. L. 109–365, § 306(1)(G)–(I), added pars. (15) to (17), redesignated former par. (16) as (14), and struck out former pars. (14) and two pars. (15) which read as follows:

“(14) provide assurances that funds received under this subchapter will not be used to pay any part of a cost (including an administrative cost) incurred by the area agency on aging to carry out a contract or commercial relationship that is not carried out to implement this subchapter; and

“(15) provide assurances that preference 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 commercial relationship that is not carried out to implement this subchapter.

“(15) provide assurances that funds received under this subchapter will not be used to pay any part of a cost (including an administrative cost) incurred by the area agency on aging to carry out a contract or commercial relationship that is not carried out to implement this subchapter;”.

Subsecs. (span) to (f). Puspan. L. 109–365, § 306(2), (3), added subsec. (span) and redesignated former subsecs. (span) to (e) as (c) to (f), respectively.

2000—Subsec. (a)(1). Puspan. L. 106–501, § 305(a)(1), inserted “and older individuals residing in rural areas” after “low-income minority individuals” in two places.

Subsec. (a)(2). Puspan. L. 106–501, § 305(a)(2)(A), (C), in introductory provisions substituted “section 3027(a)(2)” for “section 3027(a)(22)” and, in concluding provisions, substituted “and assurances that the area agency on aging will report annually to the State agency” for “and specify annually in such plan, as submitted or as amended,”.

Subsec. (a)(2)(B). Puspan. L. 106–501, § 305(a)(2)(B), substituted “services, including” for “services (homemaker and home health aide, visiting and telephone reassurance, chore maintenance, and”.

Subsec. (a)(3)(A). Puspan. L. 106–501, § 305(a)(3), substituted “paragraph (6)(C)” for “paragraph (6)(E)(ii)”.

Subsec. (a)(4). Puspan. L. 106–501, § 305(a)(4), redesignated par. (5) as (4) and struck out former par. (4) which read as follows: “provide for the establishment and maintenance of information and assistance services in sufficient numbers to assure that all older individuals within the planning and service area covered by the plan will have reasonably convenient access to such services, with particular emphasis on linking services available to isolated older individuals and older individuals with Alzheimer’s disease or related disorders with neurological and organic brain dysfunction (and the caretakers of individuals with such disease or disorders);”.

Subsec. (a)(4)(A)(i). Puspan. L. 106–501, § 305(a)(5), inserted “and older individuals residing in rural areas” after “low-income minority individuals”.

Subsec. (a)(4)(A)(ii)(I) to (III). Puspan. L. 106–501, § 305(a)(6), inserted “and older individuals residing in rural areas” after “low-income minority individuals”.

Subsec. (a)(4)(B)(i)(II), (III). Puspan. L. 106–501, § 305(a)(7), inserted “and older individuals residing in rural areas” after “low-income minority individuals”.

Subsec. (a)(4)(C). Puspan. L. 106–501, § 305(a)(8), inserted “and older individuals residing in rural areas” after “low-income minority older individuals”.

Subsec. (a)(5). Puspan. L. 106–501, § 305(a)(9), added par. (5). Former par. (5) redesignated (4).

Subsec. (a)(6)(A). Puspan. L. 106–501, § 305(a)(10)(A), (B), redesignated subpar. (C) as (A) and struck out former subpar. (A) which read as follows: “conduct periodic evaluations of, and public hearings on, activities carried out under the area plan and an annual evaluation of the effectiveness of outreach conducted under paragraph (5)(B);”.

Subsec. (a)(6)(B). Puspan. L. 106–501, § 305(a)(10)(A), (B), redesignated subpar. (D) as (B) and struck out former subpar. (B) which read as follows: “furnish appropriate technical assistance, and timely information in a timely manner, to providers of supportive services, nutrition services, or multipurpose senior centers in the planning and service area covered by the area plan;”.

Subsec. (a)(6)(C). Puspan. L. 106–501, § 305(a)(10)(B), (C), redesignated subpar. (E) as (C) and substituted “, assistance to older individuals caring for relatives who are children” for “or adults” in cl. (i). Former subpar. (C) redesignated (A).

Subsec. (a)(6)(D). Puspan. L. 106–501, § 305(a)(10)(B), (D), redesignated subpar. (F) as (D) and inserted “and older individuals residing in rural areas” after “minority individuals”. Former subpar. (D) redesignated (B).

Subsec. (a)(6)(E). Puspan. L. 106–501, § 305(a)(10)(B), redesignated subpar. (H) as (E). Former subpar. (E) redesignated (C).

Subsec. (a)(6)(F). Puspan. L. 106–501, § 305(a)(10)(B), (E), redesignated subpar. (M) as (F) and inserted “and” after semicolon at end. Former subpar. (F) redesignated (D).

Subsec. (a)(6)(G). Puspan. L. 106–501, § 305(a)(10)(A), (B), redesignated subpar. (N) as (G) and struck out former subpar. (G) which read as follows: “develop and publish methods by which priority of services is determined, particularly with respect to the delivery of services under paragraph (2);”.

Subsec. (a)(6)(H). Puspan. L. 106–501, § 305(a)(10)(B), redesignated subpar. (H) as (E).

Subsec. (a)(6)(I) to (L). Puspan. L. 106–501, § 305(a)(10)(A), struck out subpars. (I) to (L) which read as follows:

“(I) conduct efforts to facilitate the coordination of community-based, long-term care services designed to retain individuals in their homes, thereby deferring unnecessary, costly institutionalization, and designed to include the development of case management services as a component of the long-term care services;

“(J) identify the public and private nonprofit entities involved in the prevention, identification, and treatment of the abuse, neglect, and exploitation of older individuals, and based on such identification, determine the extent to which the need for appropriate services for such individuals is unmet;

“(K) facilitate the involvement of long-term care providers in the coordination of community-based long-term care services and work to ensure community awareness of and involvement in addressing the needs of residents of long-term care facilities;

“(L) coordinate the categories of services specified in paragraph (2) for which the area agency on aging is required to expend funds under part B of this subchapter, with activities of community-based organizations established for the benefit of victims of Alzheimer’s disease and the families of such victims;”.

Subsec. (a)(6)(M), (N). Puspan. L. 106–501, § 305(a)(10)(B), redesignated subpars. (M) and (N) as (F) and (G), respectively.

Subsec. (a)(6)(O) to (S). Puspan. L. 106–501, § 305(a)(10)(A), struck out subpars. (O) to (S) which provided that each area plan provide that the area agency on aging would: in subpar. (O), compile information on institutions of higher education in planning and service area, in subpar. (P), establish grievance procedure for older individuals dissatisfied with or denied services under this subchapter, in subpar. (Q), enter into voluntary arrangements with nonprofit entities that provide housing to older individuals, in subpar. (R), list telephone number of agency in each telephone directory published by provider of local telephone service, for residents in any geographical area that lay in whole or in part in service and planning area served by agency, and, in subpar. (S), identify needs of older individuals and describe methods area agency on aging would use to coordinate planning and delivery of transportation services to assist older individuals, including those with special needs.

Subsec. (a)(7) to (12). Puspan. L. 106–501, § 305(a)(11), added pars. (7) to (12) and struck out former pars. (7) to (12) which required each area plan: in pars. (7) to (10): to provide assurances that any amount received under parts D to G of this subchapter would be expended in accordance with such parts, in par. (11) to provide assurances that the area agency on aging, in carrying out the State Long-Term Care Ombudsman program under section 3027(a)(12) of this title, would expend not less than the amount of funds expended in fiscal year 1991, and, in par. (12), to provide an area volunteer services coordinator in the discretion of the area agency on aging.

Subsec. (a)(13). Puspan. L. 106–501, § 305(a)(11), (12), redesignated par. (14) as (13) and struck out former par. (13) which read as follows:

“(13)(A) describe all activities of the area agency on aging, whether funded by public or private funds; and

“(B) provide an assurance that the activities conform with—

“(i) the responsibilities of the area agency on aging, as set forth in this subsection; and

“(ii) the laws, regulations, and policies of the State served by the area agency on aging;”.

Subsec. (a)(14). Puspan. L. 106–501, § 305(a)(13), added par. (14). Former par. (14) redesignated (13).

Subsec. (a)(15). Puspan. L. 106–501, § 305(a)(13), added par. (15) relating to assurances that preference in receiving services under this subchapter would not be given by the area agency on aging to particular older individuals as a result of a contract or commercial relationship not being carried out to implement this subchapter.

Subsec. (a)(17) to (20). Puspan. L. 106–501, § 305(a)(14), struck out pars. (17) to (20) which required each area plan to provide: in par. (17), assurances that projects in the planning and service area would reasonably accommodate particular dietary needs of participants, in par. (18), assurances that the area agency on aging would coordinate its services under this subchapter with services provided under subchapter X of this chapter, in par. (19), assurance that the area agency on aging would pursue activities to increase access by older individuals who are Native Americans to all aging programs and benefits provided by the agency, and, in par. (20), that case management services provided under this subchapter through the area agency on aging would be coordinated with and not duplicate other Federal and State programs and would be provided by a public agency or a nonprofit private agency either not providing services other than case management services or located in a rural area and having obtained a waiver of that requirement.

Subsec. (span). Puspan. L. 106–501, § 305(span), struck out par. (1) designation before “Each State”, inserted “and had conducted a timely public hearing upon request” before period at end, and struck out par. (2) which related to public notice and hearing requirements applicable to an area agency on aging before it could request a waiver of the requirement described in subsec. (a)(2) and requirements of a State agency with regard to granting the waiver to an area agency on aging.

1998—Subsec. (a)(6)(E)(ii). Puspan. L. 105–285 substituted “section 9910 of this title” for “section 9904(c)(3) of this title” in concluding provisions.

1993—Subsecs. (a)(6)(R)(iii), (14)(B), (E), (span)(2)(D), (c)(1). Puspan. L. 103–171 substituted “Assistant Secretary” for “Commissioner”.

1992—Subsec. (a)(1). Puspan. L. 102–375, § 904(a)(12)(A)(i), inserted “individuals who are” before “Indians”.

Subsec. (a)(2)(A). Puspan. L. 102–375, § 306(a), substituted “, information and assistance, and case management services” for “, and information and assistance”.

Puspan. L. 102–375, § 102(span)(4), substituted “information and assistance” for “information and referral”.

Subsec. (a)(2)(B). Puspan. L. 102–375, § 904(a)(12)(A)(ii), substituted “older individuals who are” for “elderly”.

Subsec. (a)(3). Puspan. L. 102–375, § 306(span), designated existing provisions as subpar. (A), inserted “(including multipurpose senior centers operated by organizations referred to in paragraph (6)(E)(ii))” after “centers”, and added subpar. (B).

Subsec. (a)(4). Puspan. L. 102–375, § 306(c)(1), inserted before semicolon at end “, with particular emphasis on linking services available to isolated older individuals and older individuals with Alzheimer’s disease or related disorders with neurological and organic brain dysfunction (and the caretakers of individuals with such disease or disorders)”.

Puspan. L. 102–375, § 102(span)(4), substituted “information and assistance” for “information and referral”.

Subsec. (a)(5)(A)(i). Puspan. L. 102–375, § 904(a)(12)(A)(iii), substituted “greatest economic need and older individuals with greatest social need” for “the greatest economic or social needs”.

Puspan. L. 102–375, § 306(c)(2)(A)(i), substituted “the area agency on aging will set specific objectives for” for “preference will be given to” and “include specific objectives for providing services” for “with particular attention”.

Subsec. (a)(5)(A)(ii). Puspan. L. 102–375, § 102(span)(10)(C), substituted “area agency on aging” for “area agency”.

Subsec. (a)(5)(A)(ii)(I). Puspan. L. 102–375, § 306(c)(2)(A)(ii)(I), struck out “and” at end.

Subsec. (a)(5)(ii)(II). Puspan. L. 102–375, § 306(c)(2)(A)(ii)(II), amended subcl. (II) generally. Prior to amendment, subcl. (II) read as follows: “attempt to provide services to low-income minority individuals in at least the same proportion as the population of low-income minority older individuals bears to the population of older individuals of the area served by such provider; and”.

Subsec. (a)(5)(A)(ii)(III). Puspan. L. 102–375, § 306(c)(2)(A)(ii)(III), added subcl. (III).

Subsec. (a)(5)(A)(iii)(III). Puspan. L. 102–375, § 306(c)(2)(A)(iii), added subcl. (III).

Subsec. (a)(5)(B). Puspan. L. 102–375, § 306(c)(2)(B), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “assure the use of outreach efforts that will identify individuals eligible for assistance under this chapter, with special emphasis on rural elderly, older individuals who have greatest economic need (with particular attention to low-income minority individuals), older individuals who have greatest social need (with particular attention to low-income minority individuals), and older individuals with severe disabilities, and inform such individuals of the availability of such assistance;”.

Subsec. (a)(5)(C). Puspan. L. 102–375, § 306(c)(2)(C), added subpar. (C).

Subsec. (a)(6)(B). Puspan. L. 102–375, § 306(d)(1), inserted “, and timely information in a timely manner,” after “assistance”.

Subsec. (a)(6)(D). Puspan. L. 102–375, § 904(a)(12)(A)(iv)(I), substituted “older individuals” for “the elderly” in two places.

Puspan. L. 102–375, § 306(d)(2), inserted “(in cooperation with agencies, organizations, and individuals participating in activities under the plan)” after “community by”.

Subsec. (a)(6)(E). Puspan. L. 102–375, § 306(d)(3), designated existing provisions as cl. (i) and added cl. (ii).

Subsec. (a)(6)(F). Puspan. L. 102–375, § 102(span)(10)(C), substituted “area agency on aging” for “area agency”.

Subsec. (a)(6)(G). Puspan. L. 102–375, § 904(a)(12)(A)(iv)(II), substituted “paragraph” for “clause”.

Subsec. (a)(6)(H). Puspan. L. 102–375, § 306(d)(4), amended subpar. (H) generally. Prior to amendment, subpar. (H) read as follows: “establish effective and efficient procedures for coordination between the programs assisted under this subchapter and programs described in section 3013(span) of this title;”.

Subsec. (a)(6)(I). Puspan. L. 102–375, § 306(d)(5), substituted “include the development of case management services as a component of the long-term care services” for “emphasize the development of client-centered case management systems as a component of such services”.

Subsec. (a)(6)(N). Puspan. L. 102–375, § 904(a)(12)(A)(iv)(IV), which directed substitution of “such individuals in such area and shall inform such individuals” for “elder Indians in such area and shall inform such older Indians”, was executed by making the substitution for “older Indians in such area and shall inform such older Indians” to reflect the probable intent of Congress.

Puspan. L. 102–375, §§ 102(span)(10)(E), 904(a)(12)(A)(iv)(III), substituted “population of older individuals who are Indians” for “population of older Indians” and “area agency on aging” for “area agency” in two places.

Subsec. (a)(6)(O)(ii). Puspan. L. 102–375, § 306(d)(6), struck out “and” at end.

Subsec. (a)(6)(P) to (S). Puspan. L. 102–375, § 306(d)(7), (8), added subpars. (P) to (S) and struck out former subpar. (P) which read as follows: “with funds and information received under section 3027(a)(31) of this title from the State agency—

“(i) carry out activities to identify older individuals with greatest economic need who may be eligible to receive, but are not receiving, supplemental security income benefits under title XVI of the Social Security Act (or assistance under a State plan program under title XVI of that Act), medical assistance under title XIX of the Social Security Act, and benefits under the Food Stamp Act of 1977;

“(ii) conduct outreach activities to inform older individuals of the requirements for eligibility to receive such assistance and such benefits; and

“(iii) assist older individuals to apply for such assistance and such benefits;”.

Subsec. (a)(11). Puspan. L. 102–375, § 306(e), added par. (11).

Subsec. (a)(12) to (20). Puspan. L. 102–375, § 306(f), added pars. (12) to (20).

Subsec. (span)(1). Puspan. L. 102–375, § 904(a)(12)(B)(i), inserted “on aging” before “plans” and substituted “paragraph” for “clause” in two places.

Subsec. (span)(2)(C). Puspan. L. 102–375, § 102(span)(10)(C), substituted “area agency on aging” for “area agency”.

Subsec. (span)(2)(D). Puspan. L. 102–375, § 904(a)(12)(B)(ii), substituted “paragraph” for “clause”.

Subsec. (e). Puspan. L. 102–375, § 306(g), added subsec. (e).

1988—Subsec. (a)(1). Puspan. L. 100–628 substituted “such area,” for “such area,,” before “and the number of older Indians”.

1987—Subsec. (a). Puspan. L. 100–175, § 182(e)(3), struck out last sentence which read as follows: “For purposes of clause (5)(A), the term ‘greatest economic need’ means the need resulting from an income level at or below the poverty threshold established by the Bureau of the Census and the term ‘greatest social need’ means the need caused by noneconomic factors which include physical and mental disabilities, language barriers, cultural or social isolation including that caused by racial or ethnic status which restricts an individual’s ability to perform normal daily tasks or which threaten his or her capacity to live independently.”

Subsec. (a)(1). Puspan. L. 100–175, § 134(a)(2), inserted “, and the number of older Indians residing in such area,” before last reference to “and” in parenthetical.

Puspan. L. 100–175, § 132(span)(1), inserted “, the number of older individuals who have greatest economic need (with particular attention to low-income minority individuals) residing in such area, the number of older individuals who have greatest social need (with particular attention to low-income minority individuals) residing in such area,” after “residing in such area”.

Subsec. (a)(2). Puspan. L. 100–175, § 130(a)(1), inserted “, as required under section 3027(a)(22) of this title,” after “adequate proportion”.

Subsec. (a)(2)(B). Puspan. L. 100–175, § 182(j), substituted “related disorders with neurological and organic brain dysfunction” for “other neurological and organic brain disorders of the Alzheimer’s type”.

Subsec. (a)(5)(A). Puspan. L. 100–175, § 131(a), designated existing provisions as cl. (i) and added cls. (ii) and (iii).

Subsec. (a)(5)(B). Puspan. L. 100–175, § 136(span), inserted “and older individuals with severe disabilities,” after second reference to “individuals),”.

Puspan. L. 100–175, § 132(span)(2), inserted “older individuals who have greatest economic need (with particular attention to low-income minority individuals), older individuals who have greatest social need (with particular attention to low-income minority individuals),” after “rural elderly”.

Subsec. (a)(6)(A). Puspan. L. 100–175, §§ 125, 132(span)(3), inserted “, and public hearings on,” after “evaluations of” and “and an annual evaluation of the effectiveness of outreach conducted under paragraph (5)(B)” before semicolon at end.

Subsec. (a)(6)(E). Puspan. L. 100–175, § 126, inserted “or adults, and respite for families,” after “for children” and “, adults, and families” after “to children”.

Subsec. (a)(6)(F). Puspan. L. 100–175, § 104(c), inserted “providers of veterans’ health care (if appropriate),” after “elected officials,”.

Subsec. (a)(6)(G). Puspan. L. 100–175, § 182(i), struck out “and” after “clause (2);”.

Subsec. (a)(6)(L). Puspan. L. 100–175, § 127, added subpar. (L).

Subsec. (a)(6)(M). Puspan. L. 100–175, § 133, added subpar. (M).

Subsec. (a)(6)(N). Puspan. L. 100–175, § 134(span), added subpar. (N).

Subsec. (a)(6)(O). Puspan. L. 100–175, § 135, added subpar. (O).

Subsec. (a)(6)(P). Puspan. L. 100–175, § 155(e)(1), added subpar. (P).

Subsec. (a)(7). Puspan. L. 100–175, § 140(span), added par. (7).

Subsec. (a)(8). Puspan. L. 100–175, § 141(span), added par. (8).

Subsec. (a)(9). Puspan. L. 100–175, § 143(span), added par. (9).

Subsec. (a)(10). Puspan. L. 100–175, § 144(c), added par. (10).

Subsec. (span)(2)(C), (D). Puspan. L. 100–175, § 130(a)(2), added subpars. (C) and (D).

Subsec. (d). Puspan. L. 100–175, § 137(a), added subsec. (d).

1984—Subsec. (a). Puspan. L. 98–459, § 306(a)(5)(E), inserted provisions defining “greatest economic need” and “greatest social need” following par. (6).

Subsec. (a)(1). Puspan. L. 98–459, § 306(a)(1), inserted “and the efforts of voluntary organizations in the community”.

Subsec. (a)(2). Puspan. L. 98–459, § 306(a)(2)(A), inserted “each of the following categories of services” in provisions preceding subpar. (A).

Puspan. L. 98–459, § 306(a)(2)(D), substituted “and specify annually in such plan, as submitted or as amended, in detail the amount of funds expended for each such category during the fiscal year most recently concluded” for “and that some funds will be expended for each such category of services” in provisions following subpar. (C).

Subsec. (a)(2)(B). Puspan. L. 98–459, § 306(a)(2)(B), substituted “chore maintenance, and supportive services for families of elderly victims of Alzheimer’s disease and other neurological and organic brain disorders of the Alzheimer’s type” for “and chore maintenance”.

Subsec. (a)(2)(C). Puspan. L. 98–459, § 306(a)(2)(C), substituted “legal assistance” for “legal services”.

Subsec. (a)(3). Puspan. L. 98–459, § 306(a)(3), substituted “, giving special consideration” for “to encourage the maximum collocation and coordination of services for older individuals, and give special consideration”.

Subsec. (a)(5)(A). Puspan. L. 98–459, § 306(a)(4), inserted “, with particular attention to low-income minority individuals,”.

Subsec. (a)(6)(F). Puspan. L. 98–459, § 306(a)(5)(A), (B), (D), redesignated subpar. (G) as (F), substituted “consisting of older individuals (including minority individuals)” for “consisting of older individuals”, and struck out former subpar. (F) which had required the area agency on aging to enter, where possible, into arrangements with local educational agencies, institutions of higher education, and nonprofit private organizations, to use services provided for older individuals under the community schools program under the Elementary and Secondary Education Act of 1965.

Subsec. (a)(6)(G), (H). Puspan. L. 98–459, § 306(a)(5)(D), redesignated subpars. (H) and (I) as (G) and (H), respectively. Former subpar. (G) redesignated (F).

Subsec. (a)(6)(I). Puspan. L. 98–459, § 306(a)(5)(C)–(E), added subpar. (I). Former subpar. (I) redesignated (H).

Subsec. (a)(6)(J), (K). Puspan. L. 98–459, § 306(a)(5)(E), added subpars. (J) and (K).

Subsec. (span). Puspan. L. 98–459, § 306(span), designated existing provisions as par. (1) and added par. (2).

1981—Subsec. (a). Puspan. L. 97–115, §§ 3(d), 6(a), (span), substituted “for a two-, three-, or four-year period determined by the State agency,” for “for a 3-year period” in provisions preceding par. (1), substituted “supportive services” for “social services” in par. (1) in three places, substituted “an adequate portion” for “at least 50 percent” in provisions of par. (2) preceding subpar. (A), and substituted “supportive services” for “social services” in par. (6)(B).

Subsec. (span). Puspan. L. 97–115, § 6(c), struck out par. (1) providing that each State, in approving area agency plans under this section, could, for fiscal years 1979 and 1980, waive any particular requirement relating to the delivery of services or the establishment or operation of multipurpose senior centers which such agency could not meet because of the consolidation authorized by the Comprehensive Older Americans Act Amendments of 1978, except that the State agency could grant such a waiver only if the area agency demonstrated to the State agency that it was taking steps to meet the requirements of this subchapter, but that in any event the State agency could not grant a waiver for any requirement of this chapter in effect on Sept. 30, 1978, struck out par. (2) designation, made mandatory the formerly discretionary waiver by each State, in approving area agency plans under this section, of the requirement described in clause (2) of subsection (a) of this section for any category of services described in such clause if the area agency on aging demonstrates to the State agency that services being furnished for such category in the area are sufficient to meet the need for such services in such area, and struck out provisions that if the State agency granted a waiver with respect to any category, then the area agency had to expend under clause (2) of subsection (a) of this section a percentage of the amount allotted for part B to the planning and service area, for the categories with respect to which such waiver did not apply, that had been agreed upon by the State agency and the area agency.

Statutory Notes and Related Subsidiaries
Effective Date of 1992 Amendment

Amendment by section 306 of Puspan. L. 102–375 inapplicable with respect to fiscal year 1993, see section 4(span) of Puspan. L. 103–171, set out as a note under section 3001 of this title.

Amendment by section 306 of Puspan. L. 102–375 inapplicable with respect to fiscal year 1992, see section 905(span)(2) of Puspan. L. 102–375, set out as a note under section 3001 of this title.

Effective Date of 1987 Amendment

Amendment by Puspan. L. 100–175 effective Oct. 1, 1987, except not applicable with respect to any area plan submitted 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), (span) of Puspan. L. 100–175, set out as a note under section 3001 of this title.

Effective Date of 1984 Amendment

Amendment by Puspan. L. 98–459 effective Oct. 9, 1984, see section 803(a) of Puspan. 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 Puspan. 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 Reference to Health Center

Reference to community health center, migrant health center, public housing health center, or homeless health center considered reference to health center, see section 4(c) of Puspan. L. 104–299, set out as a note under section 254span of this title.

Implementation Information

Puspan. 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 designing outreach activities.

Evaluation of Guidelines

Puspan. 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 outreach 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 activities conducted by the various area agencies.