
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 801(b)(1)]
[CITE: 42USC3011]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                CHAPTER 35--PROGRAMS FOR OLDER AMERICANS
 
                 SUBCHAPTER II--ADMINISTRATION ON AGING
 
Sec. 3011. Establishment of Administration on Aging


(a) Function and operation

    There is established in the Office of the Secretary an 
Administration on Aging which shall be headed by an Assistant Secretary 
for Aging. Except for subchapter IX of this chapter, the Administration 
shall be the agency for carrying out this chapter. There shall be a 
direct reporting relationship between the Assistant Secretary and the 
Secretary. In the performance of the functions of the Assistant 
Secretary, the Assistant Secretary shall be directly responsible to the 
Secretary. The Secretary shall not approve or require any delegation of 
the functions of the Assistant Secretary (including the functions of the 
Assistant Secretary carried out through regional offices) to any other 
officer not directly responsible to the Assistant Secretary.

(b) Appointment of Assistant Secretary

    The Assistant Secretary shall be appointed by the President by and 
with the advice and consent of the Senate.

(c) Office for American Indian, Alaskan Native, and Native Hawaiian 
        Programs; Director

    (1) There is established in the Administration an Office for 
American Indian, Alaskan Native, and Native Hawaiian Programs.
    (2) The Office shall be headed by a Director of the Office for 
American Indian, Alaskan Native, and Native Hawaiian Aging appointed by 
the Assistant Secretary.
    (3) The Director of the Office for American Indian, Alaskan Native, 
and Native Hawaiian Aging shall--
        (A)(i) evaluate the adequacy of outreach under subchapter III of 
    this chapter and subchapter X of this chapter for older individuals 
    who are Native Americans and recommend to the Assistant Secretary 
    necessary action to improve service delivery, outreach, coordination 
    between subchapter III and subchapter X services, and particular 
    problems faced by older Indians and Native Hawaiians; and
        (ii) include a description of the results of such evaluation and 
    recommendations in the annual report required by section 3018(a) of 
    this title to be submitted by the Assistant Secretary;
        (B) serve as the effective and visible advocate in behalf of 
    older individuals who are Native Americans within the Department of 
    Health and Human Services and with other departments and agencies of 
    the Federal Government regarding all Federal policies affecting such 
    individuals, with particular attention to services provided to 
    Native Americans by the Indian Health Service;
        (C) coordinate activities between other Federal departments and 
    agencies to assure a continuum of improved services through 
    memoranda of agreements or through other appropriate means of 
    coordination;
        (D) administer and evaluate the grants provided under this 
    chapter to Indian tribes, public agencies and nonprofit private 
    organizations serving Native Hawaiians;
        (E) recommend to the Assistant Secretary policies and priorities 
    with respect to the development and operation of programs and 
    activities conducted under this chapter relating to older 
    individuals who are Native Americans;
        (F) collect and disseminate information related to problems 
    experienced by older Native Americans, including information 
    (compiled with assistance from public or nonprofit private entities, 
    including institutions of higher education, with experience in 
    assessing the characteristics and health status of older individuals 
    who are Native Americans) on elder abuse, in-home care, health 
    problems, and other problems unique to Native Americans;
        (G) develop research plans, and conduct and arrange for 
    research, in the field of American Native aging with a special 
    emphasis on the gathering of statistics on the status of older 
    individuals who are Native Americans;
        (H) develop and provide technical assistance and training 
    programs to grantees under subchapter X of this chapter;
        (I) promote coordination--
            (i) between the administration of subchapter III of this 
        chapter and the administration of subchapter X of this chapter; 
        and
            (ii) between programs established under subchapter III of 
        this chapter by the Assistant Secretary and programs established 
        under subchapter X of this chapter by the Assistant Secretary;

    including sharing among grantees information on programs funded, and 
    on training and technical assistance provided, under such 
    subchapters; and
        (J) serve as the effective and visible advocate on behalf of 
    older individuals who are Indians, Alaskan Natives, and Native 
    Hawaiians, in the States to promote the enhanced delivery of 
    services and implementation of programs, under this chapter and 
    other Federal Acts, for the benefit of such individuals.

(d) Office of Long-Term Care Ombudsman Programs

    (1) There is established in the Administration the Office of Long-
Term Care Ombudsman Programs (in this subsection referred to as the 
``Office'').
    (2)(A) The Office shall be headed by a Director of the Office of 
Long-Term Care Ombudsman Programs (in this subsection referred to as the 
``Director'') who shall be appointed by the Assistant Secretary from 
among individuals who have expertise and background in the fields of 
long-term care advocacy and management. The Director shall report 
directly to the Assistant Secretary.
    (B) No individual shall be appointed Director if--
        (i) the individual has been employed within the previous 2 years 
    by--
            (I) a long-term care facility;
            (II) a corporation that then owned or operated a long-term 
        care facility; or
            (III) an association of long-term care facilities;

        (ii) the individual--
            (I) has an ownership or investment interest (represented by 
        equity, debt, or other financial relationship) in a long-term 
        care facility or long-term care service; or
            (II) receives, or has the right to receive, directly or 
        indirectly remuneration (in cash or in kind) under a 
        compensation arrangement with an owner or operator of a long-
        term care facility; or

        (iii) the individual, or any member of the immediate family of 
    the individual, is subject to a conflict of interest.

    (3) The Director shall--
        (A) serve as an effective and visible advocate on behalf of 
    older individuals who reside in long-term care facilities, within 
    the Department of Health and Human Services and with other 
    departments, agencies, and instrumentalities of the Federal 
    Government regarding all Federal policies affecting such 
    individuals;
        (B) review and make recommendations to the Assistant Secretary 
    regarding--
            (i) the approval of the provisions in State plans submitted 
        under section 3027(a) of this title that relate to State Long-
        Term Care Ombudsman programs; and
            (ii) the adequacy of State budgets and policies relating to 
        the programs;

        (C) after consultation with State Long-Term Care Ombudsmen and 
    the State agencies, make recommendations to the Assistant Secretary 
    regarding--
            (i) policies designed to assist State Long-Term Care 
        Ombudsmen; and
            (ii) methods to periodically monitor and evaluate the 
        operation of State Long-Term Care Ombudsman programs, to ensure 
        that the programs satisfy the requirements of section 
        3027(a)(12) of this title and section 3058g of this title, 
        including provision of service to residents of board and care 
        facilities and of similar adult care facilities;

        (D) keep the Assistant Secretary and the Secretary fully and 
    currently informed about--
            (i) problems relating to State Long-Term Care Ombudsman 
        programs; and
            (ii) the necessity for, and the progress toward, solving the 
        problems;

        (E) review, and make recommendations to the Secretary and the 
    Assistant Secretary regarding, existing and proposed Federal 
    legislation, regulations, and policies regarding the operation of 
    State Long-Term Care Ombudsman programs;
        (F) make recommendations to the Assistant Secretary and the 
    Secretary regarding the policies of the Administration, and 
    coordinate the activities of the Administration with the activities 
    of other Federal entities, State and local entities, and 
    nongovernmental entities, relating to State Long-Term Care Ombudsman 
    programs;
        (G) supervise the activities carried out under the authority of 
    the Administration that relate to State Long-Term Care Ombudsman 
    programs;
        (H) administer the National Ombudsman Resource Center 
    established under section 3012(a)(21) of this title and make 
    recommendations to the Assistant Secretary regarding the operation 
    of the National Ombudsman Resource Center;
        (I) advocate, monitor, and coordinate Federal and State 
    activities of Long-Term Care Ombudsmen under this chapter;
        (J) submit to the Speaker of the House of Representatives and 
    the President pro tempore of the Senate an annual report on the 
    effectiveness of services provided under section 3027(a)(12) of this 
    title and section 3058g of this title;
        (K) have authority to investigate the operation or violation of 
    any Federal law administered by the Department of Health and Human 
    Services that may adversely affect the health, safety, welfare, or 
    rights of older individuals; and
        (L) not later than 180 days after September 30, 1992, establish 
    standards applicable to the training required by section 3058g(h)(4) 
    of this title.

(Pub. L. 89-73, title II, Sec. 201, July 14, 1965, 79 Stat. 220; Pub. L. 
93-29, title II, Sec. 201(a), May 3, 1973, 87 Stat. 30; Pub. L. 93-351, 
Sec. 2(a), July 12, 1974, 88 Stat. 357; Pub. L. 95-478, title V, 
Sec. 503(b)(1), Oct. 18, 1978, 92 Stat. 1559; Pub. L. 98-459, title II, 
Sec. 201, Oct. 9, 1984, 98 Stat. 1767; Pub. L. 100-175, title I, 
Secs. 102, 107(a), 182(c), Nov. 29, 1987, 101 Stat. 928, 931, 964; Pub. 
L. 102-375, title I, Sec. 102(b)(1)(A), (2), title II, Sec. 201, title 
IX, Sec. 904(a)(3), Sept. 30, 1992, 106 Stat. 1200, 1201, 1202, 1306; 
Pub. L. 103-171, Sec. 3(a)(2), Dec. 2, 1993, 107 Stat. 1989.)


                               Amendments

    1993--Subsec. (a). Pub. L. 103-171, Sec. 3(a)(2)(A), (D), 
substituted ``an Assistant Secretary for Aging'' for ``a Commissioner on 
Aging'' and substituted ``the Assistant Secretary'' for ``the 
Commissioner'' wherever appearing.
    Subsec. (b). Pub. L. 103-171, Sec. 3(a)(2)(D), substituted 
``Assistant Secretary'' for ``Commissioner''.
    Subsec. (c)(2). Pub. L. 103-171, Sec. 3(a)(2)(B)(i), (D), 
substituted ``a Director of the Office for'' for ``an Associate 
Commissioner on'' and ``Assistant Secretary'' for ``Commissioner''.
    Subsec. (c)(3). Pub. L. 103-171, Sec. 3(a)(2)(B)(ii), (D), 
substituted ``Director of the Office for'' for ``Associate Commissioner 
on'' in introductory provisions and ``Assistant Secretary'' for 
``Commissioner'' wherever appearing in subpars. (A), (E), and (I)(ii).
    Subsec. (d)(2). Pub. L. 103-171, Sec. 3(a)(2)(C), (D), substituted 
``a Director of the Office of Long-Term Care Ombudsman Programs'' for 
``an Associate Commissioner for Ombudsman Programs'' in subpar. (A), 
``Director'' for ``Associate Commissioner'' wherever appearing, and 
``Assistant Secretary'' for ``Commissioner'' in two places in subpar. 
(A).
    Subsec. (d)(3). Pub. L. 103-171, Sec. 3(a)(2)(C)(ii), (D), 
substituted ``Director'' for ``Associate Commissioner'' in introductory 
provisions and ``Assistant Secretary'' for ``Commissioner'' in subpars. 
(B) to (F) and (H).
    1992--Subsec. (a). Pub. L. 102-375, Secs. 102(b)(2), 201(a), struck 
out ``(hereinafter in this chapter referred to as the 
`Administration')'' after ``Administration on Aging'' and ``(hereinafter 
in this chapter referred to as the `Commissioner')'' after 
``Commissioner on Aging'' and inserted ``(including the functions of the 
Commissioner carried out through regional offices)'' after ``functions 
of the Commissioner''.
    Subsec. (c)(1). Pub. L. 102-375, Sec. 102(b)(1)(A), substituted 
``Administration'' for ``Administration on Aging''.
    Subsec. (c)(3)(A)(i). Pub. L. 102-375, Sec. 904(a)(3)(A), inserted 
``individuals who are'' before ``Native Americans''.
    Subsec. (c)(3)(B). Pub. L. 102-375, Secs. 201(b)(1), 904(a)(3)(A), 
(B), inserted ``individuals who are'' before ``Native Americans within'' 
and substituted ``affecting such individuals, with particular attention 
to services provided to Native Americans by the Indian Health Service'' 
for ``affecting older Native Americans''.
    Subsec. (c)(3)(E). Pub. L. 102-375, Sec. 904(a)(3)(A), (C), 
substituted ``this chapter'' for ``the chapter'' and inserted 
``individuals who are'' after ``older''.
    Subsec. (c)(3)(F). Pub. L. 102-375, Sec. 201(b)(2), inserted before 
semicolon ``, including information (compiled with assistance from 
public or nonprofit private entities, including institutions of higher 
education, with experience in assessing the characteristics and health 
status of older individuals who are Native Americans) on elder abuse, 
in-home care, health problems, and other problems unique to Native 
Americans''.
    Subsec. (c)(3)(G). Pub. L. 102-375, Sec. 904(a)(3)(A), inserted 
``individuals who are'' before ``Native Americans''.
    Subsec. (c)(3)(I), (J). Pub. L. 102-375, Sec. 201(b)(3)-(5), added 
subpars. (I) and (J).
    Subsec. (d). Pub. L. 102-375, Sec. 201(c), added subsec. (d).
    1987--Subsec. (a). Pub. L. 100-175, Sec. 182(c), substituted ``the 
functions of the Commissioner'' for ``his functions''.
    Pub. L. 100-175, Sec. 102, substituted ``between the Commissioner 
and the Secretary'' for ``between the Commissioner and the Office of the 
Secretary'' and ``responsible to the Secretary'' for ``responsible to 
the Office of the Secretary''.
    Subsec. (c). Pub. L. 100-175, Sec. 107(a), added subsec. (c).
    1984--Subsec. (a). Pub. L. 98-459, Sec. 201(1), (3), (4), 
substituted ``the agency'' for ``the principal agency'', inserted 
provision requiring establishment of a direct reporting relationship 
between Commissioner and Office of the Secretary, and substituted 
``approve or require'' for ``approve''.
    Pub. L. 98-459, Sec. 201(2), which directed that ``the functions of 
the Administration'' be substituted for ``his functions'' in second 
sentence could not be executed because ``his functions'' appeared only 
in third sentence.
    1978--Subsec. (a). Pub. L. 95-478 substituted ``subchapter IX of 
this chapter'' for ``subchapter VI of this chapter and as otherwise 
specifically provided by the Older Americans Comprehensive Services 
Amendments of 1973''.
    1974--Subsec. (a). Pub. L. 93-351 struck out provisions which had 
authorized the Secretary of Health, Education, and Welfare, under 
certain conditions, to approve a delegation of the functions of the 
Commissioner on Aging to officers not directly responsible to the 
Commissioner.
    1973--Subsec. (a). Pub. L. 93-29 added subsec. (a). Former provision 
established the Administration on Aging in the Department of Health, 
Education, and Welfare.
    Subsec. (b). Pub. L. 93-29 struck out provision respecting the 
direction of the Administration by a Commissioner on Aging, now 
incorporated in subsec. (a) of this section.

                         Change of Name

    Section 3(c) of Pub. L. 103-171 provided that: ``Any reference to 
the Commissioner on Aging in any order, rule, guideline, contract, 
grant, suit, or proceeding that is pending, enforceable, or in effect on 
the date of the enactment of this Act [Dec. 2, 1993] shall be deemed to 
be a reference to the Assistant Secretary for Aging.''


                    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 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 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.

  Modification of Delegation of Functions of Commissioner on Aging in 
                         Effect on July 12, 1974

    Section 2(b) of Pub. L. 93-351 provided that: ``Any delegation of 
the functions of the Commissioner on Aging [now Assistant Secretary for 
Aging] in effect on the date of enactment of this Act [July 12, 1974], 
issued pursuant to section 201(a) of such Act [subsec. (a) of this 
section], shall be modified by the Commissioner to comply with the 
provisions of the amendment made by this section [amending this 
section].''

                  Section Referred to in Other Sections

    This section is referred to in section 3012 of this title.
