
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-501 Section 101]
[Document affected by Public Law 106-501 Section 801(a)]
[CITE: 42USC3002]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                CHAPTER 35--PROGRAMS FOR OLDER AMERICANS
 
         SUBCHAPTER I--DECLARATION OF OBJECTIVES AND DEFINITIONS
 
Sec. 3002. Definitions

    For the purposes of this chapter--
        (1) The term ``Secretary'' means the Secretary of Health and 
    Human Services, except that for purposes of subchapter IX of this 
    chapter such term means the Secretary of Labor.
        (2) The term ``Assistant Secretary'' means the Assistant 
    Secretary for Aging.
        (3) The term ``State'' means any of the several States, the 
    District of Columbia, the Virgin Islands of the United States, the 
    Commonwealth of Puerto Rico, Guam, American Samoa, the Commonwealth 
    of the Northern Mariana Islands, and the Trust Territory of the 
    Pacific Islands.
        (4) The term ``nonprofit'' as applied to any agency, 
    institution, or organization means an agency, institution, or 
    organization which is, or is owned and operated by, one or more 
    corporations or associations no part of the net earnings of which 
    inures, or may lawfully inure, to the benefit of any private 
    shareholder or individual.
        (5) The term ``Indian'' means a person who is a member of an 
    Indian tribe.
        (6) Except for the purposes of subchapter X of this chapter, the 
    term ``Indian tribe'' means any tribe, band, nation, or other 
    organized group or community of Indians (including any Alaska Native 
    village or regional or village corporation as defined in or 
    established pursuant to the Alaska Native Claims Settlement Act 
    (Public Law 92-203; 85 Stat. 688) [43 U.S.C. 1601 et seq.]) which 
    (A) is recognized as eligible for the special programs and services 
    provided by the United States to Indians because of their status as 
    Indians; or (B) is located on, or in proximity to, a Federal or 
    State reservation or rancheria.
        (7) Except for the purposes of subchapter X of this chapter, the 
    term ``tribal organization'' means the recognized governing body of 
    any Indian tribe, or any legally established organization of Indians 
    which is controlled, sanctioned, or chartered by such governing 
    body. In any case in which a contract is let or grant made to an 
    organization to perform services benefiting more than one Indian 
    tribe, the approval of each such Indian tribe shall be a 
    prerequisite to the letting or making of such contract or grant.
        (8) The term ``disability'' means (except when such term is used 
    in the phrase ``severe disability'', ``developmental disabilities'', 
    ``physical or mental disability'', ``physical and mental 
    disabilities'', or ``physical disabilities'') a disability 
    attributable to mental or physical impairment, or a combination of 
    mental and physical impairments, that results in substantial 
    functional limitations in 1 or more of the following areas of major 
    life activity: (A) self-care, (B) receptive and expressive language, 
    (C) learning, (D) mobility, (E) self-direction, (F) capacity for 
    independent living, (G) economic self-sufficiency, (H) cognitive 
    functioning, and (I) emotional adjustment.
        (9) The term ``severe disability'' means a severe, chronic 
    disability attributable to mental or physical impairment, or a 
    combination of mental and physical impairments, that--
            (A) is likely to continue indefinitely; and
            (B) results in substantial functional limitation in 3 or 
        more of the major life activities specified in subparagraphs (A) 
        through (G) of paragraph (8).

        (10) The term ``assistive technology'' means technology, 
    engineering methodologies, or scientific principles appropriate to 
    meet the needs of, and address the barriers confronted by, older 
    individuals with functional limitations.
        (11) The term ``information and referral'' includes information 
    relating to assistive technology.
        (12) The term ``Trust Territory of the Pacific Islands'' 
    includes the Federated States of Micronesia, the Republic of the 
    Marshall Islands, and the Republic of Palau.
        (13) The term ``abuse'' means the willful--
            (A) infliction of injury, unreasonable confinement, 
        intimidation, or cruel punishment with resulting physical harm, 
        pain, or mental anguish; or
            (B) deprivation by a person, including a caregiver, of goods 
        or services that are necessary to avoid physical harm, mental 
        anguish, or mental illness.

        (14) The term ``Administration'' means the Administration on 
    Aging.
        (15) The term ``adult child with a disability'' means a child 
    who--
            (A) is 18 years of age or older;
            (B) is financially dependent on an older individual who is a 
        parent of the child; and
            (C) has a disability.

        (16) The term ``aging network'' means the network of--
            (A) State agencies, area agencies on aging, title VI 
        [subchapter X of this chapter] grantees, and the Administration; 
        and
            (B) organizations that--
                (i)(I) are providers of direct services to older 
            individuals; or
                (II) are institutions of higher education; and
                (ii) receive funding under this chapter.

        (17) The term ``area agency on aging'' means an area agency on 
    aging designated under section 3025(a)(2)(A) of this title or a 
    State agency performing the functions of an area agency on aging 
    under section 3025(b)(5) of this title.
        (18) The term ``art therapy'' means the use of art and artistic 
    processes specifically selected and administered by an art 
    therapist, to accomplish the restoration, maintenance, or 
    improvement of the mental, emotional, or social functioning of an 
    older individual.
        (19) The term ``board and care facility'' means an institution 
    regulated by a State pursuant to section 1382e(e) of this title.
        (20) The term ``caregiver'' means an individual who has the 
    responsibility for the care of an older individual, either 
    voluntarily, by contract, by receipt of payment for care, or as a 
    result of the operation of law.
        (21) The term ``caretaker'' means a family member or other 
    individual who provides (on behalf of such individual or of a public 
    or private agency, organization, or institution) uncompensated care 
    to an older individual who needs supportive services.
        (22) The term ``case management service''--
            (A) means a service provided to an older individual, at the 
        direction of the older individual or a family member of the 
        individual--
                (i) by an individual who is trained or experienced in 
            the case management skills that are required to deliver the 
            services and coordination described in subparagraph (B); and
                (ii) to assess the needs, and to arrange, coordinate, 
            and monitor an optimum package of services to meet the 
            needs, of the older individual; and

            (B) includes services and coordination such as--
                (i) comprehensive assessment of the older individual 
            (including the physical, psychological, and social needs of 
            the individual);
                (ii) development and implementation of a service plan 
            with the older individual to mobilize the formal and 
            informal resources and services identified in the assessment 
            to meet the needs of the older individual, including 
            coordination of the resources and services--
                    (I) with any other plans that exist for various 
                formal services, such as hospital discharge plans; and
                    (II) with the information and assistance services 
                provided under this chapter;

                (iii) coordination and monitoring of formal and informal 
            service delivery, including coordination and monitoring to 
            ensure that services specified in the plan are being 
            provided;
                (iv) periodic reassessment and revision of the status of 
            the older individual with--
                    (I) the older individual; or
                    (II) if necessary, a primary caregiver or family 
                member of the older individual; and

                (v) in accordance with the wishes of the older 
            individual, advocacy on behalf of the older individual for 
            needed services or resources.

        (23) The term ``dance-movement therapy'' means the use of 
    psychotherapeutic movement as a process facilitated by a dance-
    movement therapist, to further the emotional, cognitive, or physical 
    health of an older individual.
        (24) The term ``elder abuse'' means abuse of an older 
    individual.
        (25) The term ``elder abuse, neglect, and exploitation'' means 
    abuse, neglect, and exploitation, of an older individual.
        (26) The term ``exploitation'' means the illegal or improper act 
    or process of an individual, including a caregiver, using the 
    resources of an older individual for monetary or personal benefit, 
    profit, or gain.
        (27) The term ``focal point'' means a facility established to 
    encourage the maximum collocation and coordination of services for 
    older individuals.
        (28) The term ``frail'' means, with respect to an older 
    individual in a State, that the older individual is determined to be 
    functionally impaired because the individual--
            (A)(i) is unable to perform at least two activities of daily 
        living without substantial human assistance, including verbal 
        reminding, physical cueing, or supervision; or
            (ii) at the option of the State, is unable to perform at 
        least three such activities without such assistance; or
            (B) due to a cognitive or other mental impairment, requires 
        substantial supervision because the individual behaves in a 
        manner that poses a serious health or safety hazard to the 
        individual or to another individual.

        (29) The term ``greatest economic need'' means the need 
    resulting from an income level at or below the poverty line.
        (30) The term ``greatest social need'' means the need caused by 
    noneconomic factors, which include--
            (A) physical and mental disabilities;
            (B) language barriers; and
            (C) cultural, social, or geographical isolation, including 
        isolation caused by racial or ethnic status, that--
                (i) restricts the ability of an individual to perform 
            normal daily tasks; or
                (ii) threatens the capacity of the individual to live 
            independently.

        (31) The term ``information and assistance service'' means a 
    service for older individuals that--
            (A) provides the individuals with current information on 
        opportunities and services available to the individuals within 
        their communities, including information relating to assistive 
        technology;
            (B) assesses the problems and capacities of the individuals;
            (C) links the individuals to the opportunities and services 
        that are available;
            (D) to the maximum extent practicable, ensures that the 
        individuals receive the services needed by the individuals, and 
        are aware of the opportunities available to the individuals, by 
        establishing adequate followup procedures; and
            (E) serves the entire community of older individuals, 
        particularly--
                (i) older individuals with greatest social need; and
                (ii) older individuals with greatest economic need.

        (32) The term ``institution of higher education'' has the 
    meaning given the term in section 1001 of title 20.
        (33) The term ``legal assistance''--
            (A) means legal advice and representation provided by an 
        attorney to older individuals with economic or social needs; and
            (B) includes--
                (i) to the extent feasible, counseling or other 
            appropriate assistance by a paralegal or law student under 
            the direct supervision of an attorney; and
                (ii) counseling or representation by a nonlawyer where 
            permitted by law.

        (34) The term ``long-term care facility'' means--
            (A) any skilled nursing facility, as defined in section 
        1395i-3(a) of this title;
            (B) any nursing facility, as defined in section 1396r(a) of 
        this title;
            (C) for purposes of sections 3027(a)(12) and 3058g of this 
        title, a board and care facility; and
            (D) any other adult care home similar to a facility or 
        institution described in subparagraphs (A) through (C).

        (35) The term ``multipurpose senior center'' means a community 
    facility for the organization and provision of a broad spectrum of 
    services, which shall include provision of health (including mental 
    health), social, nutritional, and educational services and the 
    provision of facilities for recreational activities for older 
    individuals.
        (36) The term ``music therapy'' means the use of musical or 
    rhythmic interventions specifically selected by a music therapist to 
    accomplish the restoration, maintenance, or improvement of social or 
    emotional functioning, mental processing, or physical health of an 
    older individual.
        (37) The term ``neglect'' means--
            (A) the failure to provide for oneself the goods or services 
        that are necessary to avoid physical harm, mental anguish, or 
        mental illness; or
            (B) the failure of a caregiver to provide the goods or 
        services.

        (38) The term ``older individual'' means an individual who is 60 
    years of age or older.
        (39) The term ``physical harm'' means bodily injury, impairment, 
    or disease.
        (40) The term ``planning and service area'' means an area 
    designated by a State agency under section 3025(a)(1)(E) of this 
    title, including a single planning and service area described in 
    section 3025(b)(5)(A) of this title.
        (41) The term ``poverty line'' means the official poverty line 
    (as defined by the Office of Management and Budget, and adjusted by 
    the Secretary in accordance with section 9902(2) of this title.
        (42) The term ``representative payee'' means a person who is 
    appointed by a governmental entity to receive, on behalf of an older 
    individual who is unable to manage funds by reason of a physical or 
    mental incapacity, any funds owed to such individual by such entity.
        (43) The term ``State agency'' means the agency designated under 
    section 3025(a)(1) of this title.
        (44) The term ``supportive service'' means a service described 
    in section 3030d(a) of this title.

(Pub. L. 89-73, title I, Sec. 102, July 14, 1965, 79 Stat. 219; Pub. L. 
90-42, Sec. 5(a), July 1, 1967, 81 Stat. 107; Pub. L. 91-69, Sec. 10(a), 
Sept. 17, 1969, 83 Stat. 114; Pub. L. 94-135, title I, Secs. 104(b), 
114(a), Nov. 28, 1975, 89 Stat. 714, 725; Pub. L. 95-478, title V, 
Sec. 503(a), Oct. 18, 1978, 92 Stat. 1559; Pub. L. 97-115, Sec. 2(a)(2), 
(3), Dec. 29, 1981, 95 Stat. 1595; Pub. L. 100-175, title I, 
Secs. 136(a)(1), 146(a), 182(a), (b)(1), Nov. 29, 1987, 101 Stat. 942, 
950, 964; Pub. L. 100-628, title VII, Sec. 705(1), Nov. 7, 1988, 102 
Stat. 3247; Pub. L. 102-375, title I, Sec. 102(a), (b)(1)(A), title IX, 
Sec. 904(a)(2), Sept. 30, 1992, 106 Stat. 1197, 1200, 1306; Pub. L. 103-
171, Secs. 2(1), 3(a)(1), Dec. 2, 1993, 107 Stat. 1988, 1989; Pub. L. 
105-244, title I, Sec. 102(a)(13)(C), Oct. 7, 1998, 112 Stat. 1620.)

                       References in Text

    The Alaska Native Claims Settlement Act, referred to in par. (6), is 
Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, as amended, which is 
classified generally to chapter 33 (Sec. 1601 et seq.) of Title 43, 
Public Lands. For complete classification of this Act of the Code, see 
Short Title note set out under section 1601 of Title 43 and Tables.


                               Amendments

    1998--Par. (32). Pub. L. 105-244 substituted ``section 1001'' for 
``section 1141(a)''.
    1993--Par. (2). Pub. L. 103-171, Sec. 3(a)(1), amended par. (2) 
generally. Prior to amendment, par. (2) read as follows: ``The term 
`Commissioner' means, unless the context otherwise requires, the 
Commissioner of the Administration.''
    Par. (3). Pub. L. 103-171, Sec. 2(1), substituted ``Virgin Islands 
of the United States'' for ``Virgin Islands''.
    1992--Par. (2). Pub. L. 102-375, Sec. 904(a)(2), which directed 
amendment of par. (2) by substituting ``United States Virgin Islands'' 
for ``Virgin Islands'', could not be executed because ``Virgin Islands'' 
did not appear in par. (2).
    Pub. L. 102-375, Sec. 102(b)(1)(A), substituted ``Administration'' 
for ``Administration on Aging''.
    Pars. (13) to (44). Pub. L. 102-375, Sec. 102(a), added pars. (13) 
to (44).
    1988--Par. (10). Pub. L. 100-628, Sec. 705(1)(A), redesignated par. 
(8) defining ``assistive technology'' as (10).
    Par. (11). Pub. L. 100-628, Sec. 705(1)(A), redesignated par. (9) 
defining ``information and referral'' as (11).
    Par. (12). Pub. L. 100-628, Sec. 705(1)(B), redesignated par. (8) 
defining ``Trust Territory of the Pacific Islands'' as (12).
    1987--Par. (1). Pub. L. 100-175, Sec. 182(a), substituted ``except 
that for purposes of subchapter IX of this chapter such term means the 
Secretary of Labor'' for ``other than for purposes of subchapter IX of 
this chapter''.
    Par. (3). Pub. L. 100-175, Sec. 182(b)(1)(A), substituted ``means 
any of the several States,'' for ``includes'' and ``the Commonwealth of 
Puerto Rico'' for ``Puerto Rico''.
    Par. (8). Pub. L. 100-175, Sec. 182(b)(1)(B), added par. (8) 
defining ``Trust Territory of the Pacific Islands''.
    Pub. L. 100-175, Sec. 146(a), added par. (8) defining ``assistive 
technology''.
    Pub. L. 100-175, Sec. 136(a)(1), added par. (8) defining 
``disability''.
    Par. (9). Pub. L. 100-175, Sec. 146(a), added par. (9) defining 
``information and referral''.
    Pub. L. 100-175, Sec. 136(a)(1), added par. (9) defining ``severe 
disability''.
    1981--Par. (1). Pub. L. 97-115, Sec. 2(a)(2), substituted 
``Secretary of Health and Human Services'' for ``Secretary of Health, 
Education, and Welfare''.
    Par. (3). Pub. L. 97-115, Sec. 2(a)(3)(A), inserted reference to the 
Commonwealth of the Northern Mariana Islands.
    Pars. (6), (7). Pub. L. 97-115, Sec. 2(a)(3)(B), (C), substituted 
``Except for the purposes of subchapter X of this chapter, the term'' 
for ``The term''.
    1978--Par. (1). Pub. L. 95-478, Sec. 503(a)(1), inserted ``, other 
than for purposes of subchapter IX of this chapter''.
    Pars. (4) to (7). Pub. L. 95-478, Sec. 503(a)(2), redesignated 
second par. (4), which was enacted by Pub. L. 94-135, Sec. 104(b), as 
par. (5) and redesignated existing pars. (5) and (6) as (6) and (7), 
respectively.
    1975--Par. (1). Pub. L. 94-135, Sec. 114(a), substituted a period 
for the semicolon.
    Pars. (4) to (6). Pub. 94-135, Sec. 104(b), added pars. (4) to (6).
    1969--Par. (3). Pub. L. 91-69 enlarged term ``State'' to include the 
Trust Territory of the Pacific Islands.
    1967--Par. (2). Pub. L. 90-42, Sec. 5(a)(1), inserted ``, unless the 
context otherwise requires,'' after ``means''.
    Par. (4). Pub. L. 90-42, Sec. 5(a)(2), enlarged term nonprofit 
institution or organization to include nonprofit agencies.


                    Effective Date of 1998 Amendment

    Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as 
otherwise provided in Pub. L. 105-244, see section 3 of Pub. L. 105-244, 
set out as a note under section 1001 of Title 20, Education.


                    Effective Date of 1987 Amendment

    Amendment by Pub. 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), (b) of Pub. L. 100-175, set out as a note under 
section 3001 of this title.


                    Effective Date of 1978 Amendment

    Amendment by Pub. L. 95-478 effective at close of Sept. 30, 1978, 
see section 504 of Pub. L. 95-478, set out as a note under section 3001 
of this title.

          Termination of Trust Territory of the Pacific Islands

    For termination of Trust Territory of the Pacific Islands, see note 
set out preceding section 1681 of Title 48, Territories and Insular 
Possessions.

                  Section Referred to in Other Sections

    This section is referred to in section 6862 of this title.
