
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 202(3)]
[Document affected by Public Law 106-501 Section 801(b)(3)]
[CITE: 42USC3016]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                CHAPTER 35--PROGRAMS FOR OLDER AMERICANS
 
                 SUBCHAPTER II--ADMINISTRATION ON AGING
 
Sec. 3016. Authority of Assistant Secretary


(a) Consultative services and technical assistance; short-term training 
        and technical instruction; research and demonstrations; 
        preparation and dissemination of informational materials; staff 
        and technical assistance to Federal Council on the Aging; 
        designation of full-time nutrition professional as administrator 
        of nutrition services

    (1) In carrying out the objectives of this chapter, the Assistant 
Secretary is authorized to--
        (A) provide consultative services and technical assistance to 
    public or nonprofit private agencies and organizations;
        (B) provide short-term training and technical instruction;
        (C) conduct research and demonstrations;
        (D) collect, prepare, publish, and disseminate special 
    educational or informational materials, including reports of the 
    projects for which funds are provided under this chapter; and
        (E) provide staff and other technical assistance to the Federal 
    Council on the Aging.

    (2)(A) The Assistant Secretary shall designate an officer or 
employee who shall serve on a full-time basis and who shall be 
responsible for the administration of the nutrition services described 
in subparts I, II, and III of part C of subchapter III of this chapter 
and shall have duties that include--
        (i) designing, implementing, and evaluating nutrition programs;
        (ii) developing guidelines for nutrition providers concerning 
    safety, sanitary handling of food, equipment, preparation, and food 
    storage;
        (iii) disseminating information to nutrition service providers 
    about nutrition advancements and developments;
        (iv) promoting coordination between nutrition service providers 
    and community-based organizations serving older individuals;
        (v) developing guidelines on cost containment;
        (vi) defining a long range role for the nutrition services in 
    community-based care systems;
        (vii) developing model menus and other appropriate materials for 
    serving special needs populations and meeting cultural meal 
    preferences; and
        (viii) providing technical assistance to the regional offices of 
    the Administration with respect to each duty described in clauses 
    (i) through (vii).

    (B) The regional offices of the Administration shall be responsible 
for disseminating, and providing technical assistance regarding, the 
guidelines and information described in clauses (ii), (iii), and (v) of 
subparagraph (A) to State agencies, area agencies on aging, and persons 
that provide nutrition services under part C of subchapter III of this 
chapter.
    (C) The officer or employee designated under subparagraph (A) 
shall--
        (i) have expertise in nutrition and dietary services and 
    planning; and
        (ii)(I) be a registered dietitian;
        (II) be a credentialed nutrition professional; or
        (III) have education and training that is substantially 
    equivalent to the education and training for a registered dietitian 
    or a credentialed nutrition professional.

(b) Utilization of services and facilities of Federal and other public 
        or nonprofit agencies; advance or reimbursement payments for 
        such use

    In administering the functions of the Administration under this 
chapter, the Assistant Secretary may utilize the services and facilities 
of any agency of the Federal Government and of any other public or 
nonprofit agency or organization, in accordance with agreements between 
the Assistant Secretary and the head thereof, and is authorized to pay 
therefor, in advance or by way of reimbursement, as may be provided in 
the agreement.

(c) Regulations; notice and comment

    Not later than 120 days after October 9, 1987, the Secretary shall 
issue and publish in the Federal Register proposed regulations for the 
administration of this chapter. After allowing a reasonable period for 
public comment on such proposed rules and not later than 90 days after 
such publication, the Secretary shall issue, in final form, regulations 
for the administration of this chapter.

(d) Publication of goals

    Not later than September 1 of each fiscal year, the Assistant 
Secretary shall make available to the public, for the purpose of 
facilitating informed public comment, a statement of proposed specific 
goals to be achieved by implementing this chapter in the first fiscal 
year beginning after the date on which such statement is made available.

(e) Authorization of appropriations

    For the purpose of carrying out this section, there are authorized 
to be appropriated such sums as may be necessary.

(Pub. L. 89-73, title II, Sec. 205, formerly Sec. 206, as added Pub. L. 
93-29, title II, Sec. 201(c), May 3, 1973, 87 Stat. 34; amended Pub. L. 
95-478, title I, Sec. 102(f), Oct. 18, 1978, 92 Stat. 1515; renumbered 
Sec. 205 and amended Pub. L. 97-115, Sec. 2(e)(2), (g), Dec. 29, 1981, 
95 Stat. 1596; Pub. L. 98-459, title II, Sec. 205, Oct. 9, 1984, 98 
Stat. 1770; Pub. L. 100-175, title I, Secs. 109, 110, Nov. 29, 1987, 101 
Stat. 932; Pub. L. 102-375, title II, Sec. 206, title IX, 
Sec. 904(a)(7), Sept. 30, 1992, 106 Stat. 1212, 1306; Pub. L. 103-171, 
Sec. 3(a)(13), Dec. 2, 1993, 107 Stat. 1990.)


                            Prior Provisions

    A prior section 205 of Pub. L. 89-73 was renumbered section 204 and 
is classified to section 3015 of this title.
    Provisions similar to those comprising subsecs. (a) and (c) of this 
section were contained in Pub. L. 89-73, title VIII, Sec. 802, formerly 
title VI, Sec. 602, July 14, 1965, 79 Stat. 226; Pub. L. 90-42, 
Sec. 5(e), (f), July 1, 1967, 81 Stat. 107, 108; renumbered title VII, 
Sec. 702, Pub. L. 91-69, Sec. 9, Sept. 17, 1969, 83 Stat. 111; 
renumbered title VIII, Sec. 802, Pub. L. 92-258, Sec. 1, Mar. 22, 1972, 
86 Stat. 88, which was classified to section 3052 of this title, prior 
to repeal by Pub. L. 93-29, Sec. 202.


                               Amendments

    1993--Subsecs. (a), (b), (d). Pub. L. 103-171 substituted 
``Assistant Secretary'' for ``Commissioner'' wherever appearing.
    1992--Subsec. (a). Pub. L. 102-375 designated existing provisions as 
par. (1), substituted ``objectives'' for ``purposes'' and ``to--'' for 
``to:'' in introductory provisions, redesignated former pars. (1) to (5) 
as subpars. (A) to (E), respectively, and added par. (2).
    1987--Subsec. (c). Pub. L. 100-175, Sec. 109, substituted ``October 
9, 1987'' for ``October 9, 1984''.
    Subsecs. (d), (e). Pub. L. 100-175, Sec. 110, added subsec. (d) and 
redesignated former subsec. (d) as (e).
    1984--Subsec. (b). Pub. L. 98-459, Sec. 205(a), substituted ``the 
functions of the Administration'' for ``his functions''.
    Subsecs. (c), (d). Pub. L. 98-459, Sec. 205(b), added subsec. (c) 
and redesignated former subsec. (c) as (d).
    1981--Subsecs. (b) to (d). Pub. L. 97-115, Sec. 2(g), struck out 
subsec. (b) providing that a report be prepared and submitted to 
Congress by the Commissioner not later than Sept. 30, 1980, and 
redesignated subsecs. (c) and (d) as (b) and (c), respectively.
    1978--Subsecs. (b) to (d). Pub. L. 95-478 added subsec. (b) and 
redesignated existing subsecs. (b) and (c) as (c) and (d).


                    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.
