
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 201]
[Document affected by Public Law 106-501 Section 801(b)(2)]
[CITE: 42USC3012]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                CHAPTER 35--PROGRAMS FOR OLDER AMERICANS
 
                 SUBCHAPTER II--ADMINISTRATION ON AGING
 
Sec. 3012. Functions of Assistant Secretary


(a) Duties and functions of Administration

    It shall be the duty and function of the Administration to--
        (1) serve as the effective and visible advocate for older 
    individuals within the Department of Health and Human Services and 
    with other departments, agencies, and instrumentalities of the 
    Federal Government by maintaining active review and commenting 
    responsibilities over all Federal policies affecting older 
    individuals;
        (2) collect and disseminate information related to problems of 
    the aged and aging;
        (3) directly assist the Secretary in all matters pertaining to 
    problems of the aged and aging;
        (4) administer the grants provided by this chapter;
        (5) develop plans, conduct and arrange for research in the field 
    of aging, and assist in the establishment and implementation of 
    programs designed to meet the needs of older individuals for 
    supportive services, including nutrition, hospitalization, education 
    and training services (including preretirement training, and 
    continuing education), low-cost transportation and housing, and 
    health (including mental health) services;
        (6) provide technical assistance and consultation to States and 
    political subdivisions thereof with respect to programs for the aged 
    and aging;
        (7) prepare, publish, and disseminate educational materials 
    dealing with the welfare of older individuals;
        (8) gather statistics in the field of aging which other Federal 
    agencies are not collecting, and take whatever action is necessary 
    to achieve coordination of activities carried out or assisted by all 
    departments, agencies, and instrumentalities of the Federal 
    Government with respect to the collection, preparation, and 
    dissemination of information relevant to older individuals;
        (9) stimulate more effective use of existing resources and 
    available services for the aged and aging, including existing 
    legislative protections with particular emphasis on the application 
    of the Age Discrimination in Employment Act of 1967 [29 U.S.C. 621 
    et seq.];
        (10) develop basic policies and set priorities with respect to 
    the development and operation of programs and activities conducted 
    under authority of this chapter;
        (11) coordinate Federal programs and activities related to such 
    purposes;
        (12) coordinate, and assist in, the planning and development by 
    public (including Federal, State, and local agencies) and private 
    organizations of programs for older individuals, with a view to the 
    establishment of a nationwide network of comprehensive, coordinated 
    services and opportunities for such individuals;
        (13) convene conferences of such authorities and officials of 
    public (including Federal, State, and local agencies) and nonprofit 
    private organizations concerned with the development and operation 
    of programs for older individuals as the Assistant Secretary deems 
    necessary or proper for the development and implementation of 
    policies related to the objectives of this chapter;
        (14) develop and operate programs providing services and 
    opportunities as authorized by this chapter which are not otherwise 
    provided by existing programs for older individuals;
        (15) carry on a continuing evaluation of the programs and 
    activities related to the objectives of this chapter, with 
    particular attention to the impact of medicare and medicaid, the Age 
    Discrimination in Employment Act of 1967 [29 U.S.C. 621 et seq.], 
    and the programs of the National Housing Act [12 U.S.C. 1701 et 
    seq.] relating to housing for older individuals and the setting of 
    standards for the licensing of nursing homes, intermediate care 
    homes, and other facilities providing care for such individuals;
        (16) provide information and assistance to private organizations 
    for the establishment and operation by them of programs and 
    activities related to the objectives of this chapter;
        (17) develop, in coordination with other agencies, a national 
    plan for meeting the needs for trained personnel in the field of 
    aging, and for training persons for carrying out programs related to 
    the objectives of this chapter, and conduct and provide for the 
    conducting of such training;
        (18) consult with national organizations representing minority 
    individuals to develop and disseminate training packages and to 
    provide technical assistance efforts designed to assist State and 
    area agencies on aging, and service providers, in providing services 
    to older individuals with greatest economic need or individuals with 
    greatest social need, with particular attention to and specific 
    objectives for providing services to low-income minority 
    individuals;
        (19) collect for each fiscal year, for fiscal years beginning 
    after September 30, 1988, directly or by contract, statistical data 
    regarding programs and activities carried out with funds provided 
    under this chapter, including--
            (A) with respect to each type of service or activity 
        provided with such funds--
                (i) the aggregate amount of such funds expended to 
            provide such service or activity;
                (ii) the number of individuals who received such service 
            or activity; and
                (iii) the number of units of such service or activity 
            provided;

            (B) the number of senior centers which received such funds; 
        and
            (C) the extent to which each area agency on aging designated 
        under section 3025(a) of this title satisfied the requirements 
        of paragraphs (2) and (5)(A) of section 3026(a) of this title;

        (20) obtain from--
            (A) the Department of Agriculture information explaining the 
        requirements for eligibility to receive benefits under the Food 
        Stamp Act of 1977 [7 U.S.C. 2011 et seq.]; and
            (B) the Social Security Administration information 
        explaining the requirements for eligibility to receive 
        supplemental security income benefits under title XVI of the 
        Social Security Act [42 U.S.C. 1381 et seq.] (or assistance 
        under a State plan program under title XVI of that Act);

    and distribute such information, in written form, to State agencies, 
    for redistribution to area agencies on aging, to carry out outreach 
    activities and application assistance;
        (21)(A) establish and operate the National Ombudsman Resource 
    Center (in this paragraph referred to as the ``Center''), under the 
    administration of the Director of the Office of Long-Term Care 
    Ombudsman Programs, that will--
            (i) by grant or contract--
                (I) conduct research;
                (II) provide training, technical assistance, and 
            information to State Long-Term Care Ombudsmen;
                (III) analyze laws, regulations, programs, and 
            practices; and
                (IV) provide assistance in recruiting and retaining 
            volunteers for State Long-Term Care Ombudsman programs by 
            establishing a national program for recruitment efforts that 
            utilizes the organizations that have established a 
            successful record in recruiting and retaining volunteers for 
            ombudsman or other programs;

        relating to Federal, State, and local long-term care ombudsman 
        policies; and
            (ii) assist State Long-Term Care Ombudsmen in the 
        implementation of State Long-Term Care Ombudsman programs; and

        (B) make available to the Center not less than the amount of 
    resources made available to the Long-Term Care Ombudsman National 
    Resource Center for fiscal year 1990;
        (22) issue regulations, and conduct strict monitoring of State 
    compliance with the requirements in effect, under this chapter to 
    prohibit conflicts of interest and to maintain the integrity and 
    public purpose of services provided and service providers, under 
    this chapter in all contractual and commercial relationships, and 
    include in such regulations a requirement that as a condition of 
    being designated as an area agency on aging such agency shall--
            (A) disclose to the Assistant Secretary and the State agency 
        involved--
                (i) the identity of each nongovernmental entity with 
            which such agency has a contract or commercial relationship 
            relating to providing any service to older individuals; and
                (ii) the nature of such contract or such relationship;

            (B) demonstrate that a loss or diminution in the quantity or 
        quality of the services provided, or to be provided, under this 
        chapter by such agency has not resulted and will not result from 
        such contract or such relationship;
            (C) demonstrate that the quantity or quality of the services 
        to be provided under this chapter by such agency will be 
        enhanced as a result of such contract or such relationship; and
            (D) on the request of the Assistant Secretary or the State, 
        for the purpose of monitoring compliance with this chapter 
        (including conducting an audit), disclose all sources and 
        expenditures of funds received or expended to provide services 
        to older individuals;

        (23) encourage, and provide technical assistance to, States and 
    area agencies on aging to carry out outreach to inform 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 (42 U.S.C. 1381 
    et seq.) (or assistance under a State plan program under such 
    title), medical assistance under title XIX of such Act (42 U.S.C. 
    1396 et seq.), and benefits under the Food Stamp Act of 1977 (7 
    U.S.C. 2011 et seq.), of the requirements for eligibility to receive 
    such benefits and such assistance;
        (24) establish information and assistance services as priority 
    services for older individuals;
        (25) develop guidelines for area agencies on aging to follow in 
    choosing and evaluating providers of legal assistance;
        (26) develop guidelines and a model job description for choosing 
    and evaluating legal assistance developers referred to in sections 
    3027(a)(18) and 3058j(b)(2) of this title;
        (27)(A) conduct a study to determine ways in which Federal funds 
    might be more effectively targeted to low-income minority older 
    individuals, and older individuals residing in rural areas, to 
    better meet the needs of States with a disproportionate number of 
    older individuals with greatest economic need and older individuals 
    with greatest social need;
        (B) conduct a study to determine ways in which Federal funds 
    might be more effectively targeted to better meet the needs of 
    States with disproportionate numbers of older individuals, including 
    methods of allotting funds under subchapter III of this chapter, 
    using the most recent estimates of the population of older 
    individuals; and
        (C) not later than January 1, 1995, submit a report containing 
    the findings resulting from the studies described in subparagraphs 
    (A) and (B) to the Speaker of the House of Representatives and the 
    President pro tempore of the Senate;
        (28) provide technical assistance, training, and other means of 
    assistance to State agencies, area agencies on aging, and service 
    providers regarding State and local data collection and analysis;
        (29) design and implement, for purposes of compliance with 
    paragraph (19), uniform data collection procedures for use by State 
    agencies, including--
            (A) uniform definitions and nomenclature;
            (B) standardized data collection procedures;
            (C) a participant identification and description system;
            (D) procedures for collecting information on gaps in 
        services needed by older individuals, as identified by service 
        providers in assisting clients through the provision of the 
        supportive services; and
            (E) procedures for the assessment of unmet needs for 
        services under this chapter; and

        (30) require that all Federal grants and contracts made under 
    this subchapter and subchapter IV of this chapter be made in 
    accordance with a competitive bidding process established by the 
    Assistant Secretary by regulation.

(b) Policy alternatives in long-term care

    In order to strengthen the involvement of the Administration in the 
development of policy alternatives in long-term care and to insure that 
the development of community alternatives is given priority attention, 
the Assistant Secretary shall--
        (1) develop planning linkages with utilization and quality 
    control peer review organizations under title XI of the Social 
    Security Act [42 U.S.C. 1301 et seq.], with the Substance Abuse and 
    Mental Health Services Administration and the Administration on 
    Developmental Disabilities;
        (2) participate in all departmental and interdepartmental 
    activities which concern issues of institutional and 
    noninstitutional long-term health care services development;
        (3) review and comment on all departmental regulations and 
    policies regarding community health and social service development 
    for older individuals; and
        (4) participate in all departmental and interdepartmental 
    activities to provide a leadership role for the Administration, 
    State agencies, and area agencies on aging in the development and 
    implementation of a national community-based long-term care program 
    for older individuals.

(c) Encouragement by Assistant Secretary of program and activity by 
        voluntary social services group; establishment of and technical 
        assistance to State and area volunteer coordinators

    (1) In executing the duties and functions of the Administration 
under this chapter and carrying out the programs and activities provided 
for by this chapter, the Assistant Secretary, in consultation with the 
Corporation for National and Community Service, shall take all possible 
steps to encourage and permit voluntary groups active in supportive 
services, including youth organizations active at the high school or 
college levels, to participate and be involved individually or through 
representative groups in such programs or activities to the maximum 
extent feasible, through the performance of advisory or consultative 
functions, and in other appropriate ways.
    (2)(A) In executing the duties and functions of the Administration 
under this chapter and in carrying out the programs and activities 
provided for by this chapter, the Assistant Secretary shall act to 
encourage and assist the establishment and use of--
        (i) area volunteer service coordinators, as described in section 
    3026(a)(12) of this title, by area agencies on aging; and
        (ii) State volunteer service coordinators, as described in 
    section 3027(a)(31) of this title, by State agencies.

    (B) The Assistant Secretary shall provide technical assistance to 
the area and State volunteer services coordinators.

(d) National Center on Elder Abuse

    (1) The Assistant Secretary shall establish and operate the National 
Center on Elder Abuse (in this subsection referred to as the 
``Center'').
    (2) In operating the Center, the Assistant Secretary shall--
        (A) annually compile, publish, and disseminate a summary of 
    recently conducted research on elder abuse, neglect, and 
    exploitation;
        (B) develop and maintain an information clearinghouse on all 
    programs (including private programs) showing promise of success, 
    for the prevention, identification, and treatment of elder abuse, 
    neglect, and exploitation;
        (C) compile, publish, and disseminate training materials for 
    personnel who are engaged or intend to engage in the prevention, 
    identification, and treatment of elder abuse, neglect, and 
    exploitation;
        (D) provide technical assistance to State agencies and to other 
    public and nonprofit private agencies and organizations to assist 
    the agencies and organizations in planning, improving, developing, 
    and carrying out programs and activities relating to the special 
    problems of elder abuse, neglect, and exploitation; and
        (E) conduct research and demonstration projects regarding the 
    causes, prevention, identification, and treatment of elder abuse, 
    neglect, and exploitation.

    (3)(A) The Assistant Secretary shall carry out paragraph (2) through 
grants or contracts.
    (B) The Assistant Secretary shall issue criteria applicable to the 
recipients of funds under this subsection. To be eligible to receive a 
grant or enter into a contract under subparagraph (A), an entity shall 
submit an application to the Assistant Secretary at such time, in such 
manner, and containing such information as the Assistant Secretary may 
require.
    (C) The Assistant Secretary shall--
        (i) establish research priorities for making grants or contracts 
    to carry out paragraph (2)(E); and
        (ii) not later than 60 days before the date on which the 
    Assistant Secretary establishes such priorities, publish in the 
    Federal Register for public comment a statement of such proposed 
    priorities.

    (4) The Assistant Secretary shall make available to the Center such 
resources as are necessary for the Center to carry out effectively the 
functions of the Center under this chapter and not less than the amount 
of resources made available to the Resource Center on Elder Abuse for 
fiscal year 1990.

(e) National Aging Information Center

    (1)(A) The Assistant Secretary shall make grants or enter into 
contracts with eligible entities to establish the National Aging 
Information Center (in this subsection referred to as the ``Center'') 
to--
        (i) provide information about education and training projects 
    established under part A, and research and demonstration projects, 
    and other activities, established under part B, of subchapter IV of 
    this chapter to persons requesting such information;
        (ii) annually compile, analyze, publish, and disseminate--
            (I) statistical data collected under subsection (a)(19) of 
        this section;
            (II) census data on aging demographics; and
            (III) data from other Federal agencies on the health, 
        social, and economic status of older individuals and on the 
        services provided to older individuals;

        (iii) biennially compile, analyze, publish, and disseminate 
    statistical data collected on the functions, staffing patterns, and 
    funding sources of State agencies and area agencies on aging;
        (iv) analyze the information collected under section 
    3011(c)(3)(F) of this title by the Director of the Office for 
    American Indian, Alaskan Native, and Native Hawaiian Aging, and the 
    information provided by the Resource Centers on Native American 
    Elders under section 3035m of this title;
        (v) provide technical assistance, training, and other means of 
    assistance to State agencies, area agencies on aging, and service 
    providers, regarding State and local data collection and analysis; 
    and
        (vi) be a national resource on statistical data regarding aging; 
    \1\
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    \1\ So in original. The semicolon probably should be a period.

    (B) To be eligible to receive a grant or enter into a contract under 
subparagraph (A), an entity shall submit an application to the Assistant 
Secretary at such time, in such manner, and containing such information 
as the Assistant Secretary may require.
    (C) Entities eligible to receive a grant or enter into a contract 
under subparagraph (A) shall be organizations with a demonstrated record 
of experience in education and information dissemination.
    (2)(A) The Assistant Secretary shall establish procedures specifying 
the length of time that the Center shall provide the information 
described in paragraph (1) with respect to a particular project or 
activity. The procedures shall require the Center to maintain the 
information beyond the term of the grant awarded, or contract entered 
into, to carry out the project or activity.
    (B) The Assistant Secretary shall establish the procedures described 
in subparagraph (A) after consultation with--
        (i) practitioners in the field of aging;
        (ii) older individuals;
        (iii) representatives of institutions of higher education;
        (iv) national aging organizations;
        (v) State agencies;
        (vi) area agencies on aging;
        (vii) legal assistance providers;
        (viii) service providers; and
        (ix) other persons with an interest in the field of aging.

(Pub. L. 89-73, title II, Sec. 202, July 14, 1965, 79 Stat. 220; Pub. L. 
93-29, title II, Sec. 201(b), May 3, 1973, 87 Stat. 31; Pub. L. 94-135, 
title I, Sec. 114(b), (c), Nov. 28, 1975, 89 Stat. 725; Pub. L. 95-478, 
title I, Sec. 102(a), title V, Sec. 503(b)(2), (4), Oct. 18, 1978, 92 
Stat. 1513, 1559; Pub. L. 97-115, Secs. 2(b), (c), 3(d), Dec. 29, 1981, 
95 Stat. 1595, 1597; Pub. L. 98-459, title II, Sec. 202, Oct. 9, 1984, 
98 Stat. 1768; Pub. L. 100-175, title I, Secs. 103(a), 105(a), 106(a), 
155(a), Nov. 29, 1987, 101 Stat. 928, 930, 952; Pub. L. 102-321, title 
I, Sec. 163(c)(2)(A), July 10, 1992, 106 Stat. 377; Pub. L. 102-375, 
title I, Sec. 102(b)(10)(A), title II, Sec. 202(a)-(f), title VII, 
Sec. 708(c)(1), title IX, Sec. 904(a)(4), Sept. 30, 1992, 106 Stat. 
1202, 1205-1208, 1292, 1306; Pub. L. 103-82, title IV, Sec. 405(g)(1), 
Sept. 21, 1993, 107 Stat. 921; Pub. L. 103-171, Secs. 2(2), (3), 
3(a)(3), Dec. 2, 1993, 107 Stat. 1988, 1990.)

                       References in Text

    The Age Discrimination in Employment Act of 1967, referred to in 
subsec. (a)(9), (15), is Pub. L. 90-202, Dec. 15, 1967, 81 Stat. 602, as 
amended, which is classified generally to chapter 14 (Sec. 621 et seq.) 
of Title 29, Labor. For complete classification of this Act to the Code, 
see Short Title note set out under section 621 of Title 29 and Tables.
    The National Housing Act, referred to in subsec. (a)(15), is act 
June 27, 1934, ch. 847, 48 Stat. 1246, as amended, which is classified 
principally to chapter 13 (Sec. 1701 et seq.) of Title 12, Banks and 
Banking. For complete classification of this Act to the Code, see 
section 1701 of Title 12 and Tables.
    The Food Stamp Act of 1977, referred to in subsec. (a)(20)(A), (23), 
is Pub. L. 88-525, Aug. 31, 1964, 78 Stat. 703, as amended, which is 
classified generally to chapter 51 (Sec. 2011 et seq.) of Title 7, 
Agriculture. For complete classification of this Act to the Code, see 
Short Title note set out under section 2011 of Title 7 and Tables.
    The Social Security Act, referred to in subsecs. (a)(20)(B), (23), 
and (b)(1), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. 
Titles XI, XVI, and XIX of that Act are classified generally to 
subchapters XI (Sec. 1301 et seq.), XVI (Sec. 1381 et seq.), and XIX 
(Sec. 1396 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.


                               Amendments

    1993--Pub. L. 103-171, Sec. 3(a)(3)(A), substituted ``Assistant 
Secretary'' for ``Commissioner'' in section catchline.
    Subsec. (a)(13). Pub. L. 103-171, Sec. 3(a)(3)(D), substituted 
``Assistant Secretary'' for ``Commissioner''.
    Subsec. (a)(18). Pub. L. 103-171, Sec. 2(2), struck out ``, and 
service providers,'' after ``area agencies'' and inserted the phrase 
after ``on aging''.
    Subsec. (a)(21)(A). Pub. L. 103-171, Sec. 3(a)(3)(B), substituted 
``Director of the Office of Long-Term Care Ombudsman Programs'' for 
``Associate Commissioner for Ombudsman Programs''.
    Subsec. (a)(22)(A), (D). Pub. L. 103-171, Sec. 3(a)(3)(D), 
substituted ``Assistant Secretary'' for ``Commissioner''.
    Subsec. (a)(27)(C). Pub. L. 103-171, Sec. 2(3), substituted ``1995'' 
for ``1994''.
    Subsecs. (a)(30), (b), (c). Pub. L. 103-171, Sec. 3(a)(3)(D), 
substituted ``Assistant Secretary'' for ``Commissioner'' wherever 
appearing.
    Subsec. (c)(1). Pub. L. 103-82 substituted ``the Corporation for 
National and Community Service'' for ``the Director of the ACTION 
Agency''.
    Subsecs. (d), (e). Pub. L. 103-171, Sec. 3(a)(3)(D), substituted 
``Assistant Secretary'' for ``Commissioner'' wherever appearing.
    Subsec. (e)(1)(A)(iv). Pub. L. 103-171, Sec. 3(a)(3)(C), substituted 
``Director of the Office for'' for ``Associate Commissioner on''.
    1992--Subsec. (a)(1). Pub. L. 102-375, Sec. 904(a)(4)(A)(i), 
substituted ``older individuals'' for ``the elderly'' in two places.
    Subsec. (a)(3). Pub. L. 102-375, Sec. 202(a)(1), inserted 
``directly'' before ``assist''.
    Subsec. (a)(11). Pub. L. 102-375, Sec. 202(a)(2), substituted 
``coordinate'' for ``provide for the coordination of''.
    Subsec. (a)(13). Pub. L. 102-375, Sec. 904(a)(4)(A)(iii), 
substituted ``objectives'' for ``purposes''.
    Subsec. (a)(15). Pub. L. 102-375, Sec. 904(a)(4)(A)(ii), (iii), 
substituted ``objectives'' for ``purposes'', ``older individuals'' for 
``the elderly'', and ``such individuals'' for ``older people''.
    Subsec. (a)(16), (17). Pub. L. 102-375, Sec. 904(a)(4)(A)(iii), 
substituted ``objectives'' for ``purposes''.
    Subsec. (a)(18). Pub. L. 102-375, Sec. 202(a)(3)(B), substituted 
``greatest economic need or individuals with greatest social need, with 
particular attention to and specific objectives for providing services 
to low-income minority individuals'' for ``the greatest economic or 
social needs''.
    Pub. L. 102-375, Sec. 202(a)(3)(A), inserted ``, and service 
providers,'' after ``agencies''.
    Pub. L. 102-375, Sec. 102(b)(10)(A), substituted ``area agencies on 
aging'' for ``area agencies''.
    Subsec. (a)(19)(A). Pub. L. 102-375, Sec. 202(a)(4)(A), inserted 
``or activity'' after ``service'' wherever appearing.
    Subsec. (a)(20). Pub. L. 102-375, Sec. 708(c)(1), struck out ``under 
section 3027(a)(31) of this title'' after ``application assistance''.
    Subsec. (a)(21) to (30). Pub. L. 102-375, Sec. 202(a)(4)(B), (b), 
added pars. (21) to (30).
    Subsec. (b)(1). Pub. L. 102-375, Sec. 904(a)(4)(B)(i), struck out 
``with health systems agencies designated under section 300l-4 of this 
title,'' after ``linkages''.
    Pub. L. 102-321, Sec. 163(c)(2)(A), substituted ``the Substance 
Abuse and Mental Health Services Administration'' for ``the Alcohol, 
Drug Abuse, and Mental Health Administration''.
    Subsec. (b)(3). Pub. L. 102-375, Sec. 904(a)(4)(B)(ii), substituted 
``older individuals'' for ``the elderly''.
    Subsec. (b)(4). Pub. L. 102-375, Sec. 202(c), added par. (4).
    Subsec. (c). Pub. L. 102-375, Sec. 202(d), designated existing 
provisions as par. (1) and added par. (2).
    Subsec. (d). Pub. L. 102-375, Sec. 202(e), added subsec. (d).
    Subsec. (e). Pub. L. 102-375, Sec. 202(f), added subsec. (e).
    1987--Subsec. (a)(5). Pub. L. 100-175, Sec. 105(a), inserted 
``(including mental health)'' after ``health''.
    Subsec. (a)(19), (20). Pub. L. 100-175, Secs. 103(a), 155(a), added 
pars. (19) and (20).
    Subsec. (b)(1). Pub. L. 100-175, Sec. 106(a), inserted reference to 
the Alcohol, Drug Abuse, and Mental Health Administration and the 
Administration on Developmental Disabilities.
    1984--Subsec. (a)(5). Pub. L. 98-459, Sec. 202(a)(1), substituted 
``establishment and implementation of'' for ``establishment of and carry 
out''.
    Subsec. (a)(9). Pub. L. 98-459, Sec. 202(a)(2), inserted ``, 
including existing legislative protections with particular emphasis on 
the application of the Age Discrimination in Employment Act of 1967''.
    Subsec. (a)(18). Pub. L. 98-459, Sec. 202(a)(3)-(5), added par. 
(18).
    Subsec. (b)(1). Pub. L. 98-459, Sec. 202(b), inserted ``and with 
utilization and quality control peer review organizations under title XI 
of the Social Security Act''.
    Subsec. (c). Pub. L. 98-459, Sec. 202(c), substituted ``the duties 
and functions of the Administration'' for ``his duties and functions''.
    1981--Pub. L. 97-115, Sec. 2(b)(1), substituted ``Commissioner'' for 
``Administration'' in section catchline.
    Subsec. (a)(1). Pub. L. 97-115, Sec. 2(b)(2), substituted 
``Department of Health and Human Services'' for ``Department of Health, 
Education, and Welfare''.
    Subsec. (a)(2). Pub. L. 97-115, Sec. 2(b)(3), substituted ``collect 
and disseminate'' for ``serve as a clearinghouse for''.
    Subsec. (a)(5). Pub. L. 97-115, Secs. 2(b)(4), 3(d), substituted 
``supportive services'' for ``social services'' and ``hospitalization, 
education and training services (including preretirement training, and 
continuing education), low-cost transportation and housing'' for 
``hospitalization, preretirement training, continuing education, low-
cost transportation and housing''.
    Subsec. (a)(8). Pub. L. 97-115, Sec. 2(b)(5), inserted provisions 
authorizing and directing Administration to take whatever action is 
necessary to achieve coordination of activities carried out or assisted 
by all departments, agencies, and instrumentalities of the Federal 
Government with respect to collection, preparation, and dissemination of 
information relevant to older individuals.
    Subsec. (a)(12), (16). Pub. L. 97-115, Sec. 2(b)(6), (7), 
substituted ``private organizations'' for ``nonprofit private 
organizations''.
    Subsec. (c). Pub. L. 97-115, Secs. 2(c), 3(d), substituted 
``Director of the ACTION Agency'' for ``Director of Action'' and 
``supportive services'' for ``social services''.
    1978--Subsec. (a)(1) to (4). Pub. L. 95-478, Sec. 102(a)(1), added 
par. (1) and redesignated former pars. (1) to (3) as (2) to (4), 
respectively. Former par. (4) redesignated (5).
    Subsec. (a)(5). Pub. L. 95-478, Secs. 102(a)(1), 503(b)(4)(A), 
redesignated former par. (4) as (5) and substituted ``older 
individuals'' for ``older persons''. Former par. (5) redesignated (6).
    Subsec. (a)(6). Pub. L. 95-478, Sec. 102(a)(1), redesignated former 
par. (5) as (6). Former par. (6) redesignated (7).
    Subsec. (a)(7). Pub. L. 95-478, Secs. 102(a)(1), 503(b)(4)(A), 
redesignated former par. (6) as (7) and substituted ``older 
individuals'' for ``older persons''. Former par. (7) redesignated (8).
    Subsec. (a)(8) to (11). Pub. L. 95-478, Sec. 102(a)(1), redesignated 
former pars. (7) to (10) as (8) to (11). Former par. (11) redesignated 
(12).
    Subsec. (a)(12). Pub. L. 95-478, Secs. 102(a)(1), 503(b)(4), 
redesignated former par. (11) as (12) and substituted ``older 
individuals'' and ``such individuals'' for ``older persons'' and ``such 
persons''. Former par. (12) redesignated (13).
    Subsec. (a)(13). Pub. L. 95-478, Secs. 102(a)(1), 503(b)(4)(A), 
redesignated former par. (12) as (13) and substituted ``older 
individuals'' for ``older persons''. Former par. (13) redesignated (14).
    Subsec. (a)(14). Pub. L. 95-478, Sec. 102(a)(1), redesignated former 
par. (13) as (14). Former par. (14) redesignated (15).
    Subsec. (a)(15) to (17). Pub. L. 95-478, Secs. 102(a)(1), 503(b)(2), 
redesignated former par. (14) as (15), substituted ``Age Discrimination 
in Employment Act of 1967'' for ``Age Discrimination Act of 1967'' and 
redesignated former pars. (15) and (16) as (16) and (17), respectively.
    Subsecs. (b), (c). Pub. L. 95-478, Sec. 102(a)(2), added subsec. (b) 
and redesignated former subsec. (b) as (c).
    1975--Pub. L. 94-135, Sec. 114(b), substituted ``Administration'' 
for ``Office'' in section catchline.
    Subsec. (a)(8). Pub. L. 94-135, Sec. 114(c), struck out ``and'' 
after ``aged and aging;''.
    1973--Subsec. (a). Pub. L. 93-29, Sec. 201(b)(1)-(3), in par. (4), 
substituted ``research'' for ``research and demonstration programs'' and 
made it the function of the Administration to assist in the 
establishment of any carry out programs designed to meet the needs of 
older persons for social services, including nutrition, hospitalization, 
preretirement training, continuing education, low-cost transportation 
and housing, and health services; added pars. (9) to (16); and 
designated existing provisions as subsec. (a), respectively.
    Subsec. (b). Pub. L. 93-29, Sec. 201(b)(3), added subsec. (b).


                    Effective Date of 1993 Amendment

    Amendment by Pub. L. 103-82 effective Apr. 4, 1994, see section 
406(b) of Pub. L. 103-82, set out as a note under section 8332 of Title 
5, Government Organization and Employees.


                    Effective Date of 1992 Amendments

    Amendment by section 708(c)(1) 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(c)(1) 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 section 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 236 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 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.


         Deadline for Development of Data Collection Procedures

    Section 202(h) of Pub. L. 102-375 provided that: ``Not later than 1 
year after the date of the enactment of this Act [Sept. 30, 1992], the 
data collection procedures required by section 202(a)(29) of the Older 
Americans Act of 1965 [42 U.S.C. 3012(a)(29)] shall be developed by the 
Commissioner on Aging [now Assistant Secretary for Aging], jointly with 
the Assistant Secretary of Planning and Evaluation of the Department of 
Health and Human Services, after--
        ``(1) requesting advisory information under such Act [42 U.S.C. 
    3001 et seq.] from State agencies, local governments, area agencies 
    on aging, recipients of grants under title VI of such Act [42 U.S.C. 
    3057 et seq.], and local providers of services under such Act; and
        ``(2) considering the data collection systems carried out by 
    State agencies in the States then identified as exemplary by the 
    General Accounting Office.
Not later than 1 year after developing such data collection procedures, 
the Commissioner on Aging shall test such procedures, submit to the 
Speaker of the House of Representatives and the President pro tempore of 
the Senate a report summarizing the results of such test, and implement 
such procedures (as modified, if appropriate, to reflect such 
results).''

                  Section Referred to in Other Sections

    This section is referred to in sections 3011, 3018, 3027, 3037, 
3058d, 3058g of this title.
