
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 304]
[Document affected by Public Law 106-501 Section 801(c)(3)]
[CITE: 42USC3025]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                CHAPTER 35--PROGRAMS FOR OLDER AMERICANS
 
    SUBCHAPTER III--GRANTS FOR STATE AND COMMUNITY PROGRAMS ON AGING
 
                       Part A--General Provisions
 
Sec. 3025. Designation of State agencies


(a) Duties of designated agency

    In order for a State to be eligible to participate in programs of 
grants to States from allotments under this subchapter--
        (1) the State shall, in accordance with regulations of the 
    Assistant Secretary, designate a State agency as the sole State 
    agency to--
            (A) develop a State plan to be submitted to the Assistant 
        Secretary for approval under section 3027 of this title;
            (B) administer the State plan within such State;
            (C) be primarily responsible for the planning, policy 
        development, administration, coordination, priority setting, and 
        evaluation of all State activities related to the objectives of 
        this chapter;
            (D) serve as an effective and visible advocate for older 
        individuals by reviewing and commenting upon all State plans, 
        budgets, and policies which affect older individuals and 
        providing technical assistance to any agency, organization, 
        association, or individual representing the needs of older 
        individuals; and
            (E) divide the State into distinct planning and service 
        areas (or in the case of a State specified in subsection 
        (b)(5)(A) of this section, designate the entire State as a 
        single planning and service area), in accordance with guidelines 
        issued by the Assistant Secretary, after considering the 
        geographical distribution of older individuals in the State, the 
        incidence of the need for supportive services, nutrition 
        services, multipurpose senior centers, and legal assistance, the 
        distribution of older individuals who have greatest economic 
        need (with particular attention to low-income minority 
        individuals) residing in such areas, the distribution of older 
        individuals who have greatest social need (with particular 
        attention to low-income minority individuals) residing in such 
        areas, the distribution of older individuals who are Indians 
        residing in such areas, the distribution of resources available 
        to provide such services or centers, the boundaries of existing 
        areas within the State which were drawn for the planning or 
        administration of supportive services programs, the location of 
        units of general purpose local government within the State, and 
        any other relevant factors; and

        (2) the State agency shall--
            (A) except as provided in subsection (b)(5) of this section, 
        designate for each such area after consideration of the views 
        offered by the unit or units of general purpose local government 
        in such area, a public or private nonprofit agency or 
        organization as the area agency on aging for such area;
            (B) provide assurances, satisfactory to the Assistant 
        Secretary, that the State agency will take into account, in 
        connection with matters of general policy arising in the 
        development and administration of the State plan for any fiscal 
        year, the views of recipients of supportive services or 
        nutrition services, or individuals using multipurpose senior 
        centers provided under such plan;
            (C) in consultation with area agencies, in accordance with 
        guidelines issued by the Assistant Secretary, and using the best 
        available data, develop and publish for review and comment a 
        formula for distribution within the State of funds received 
        under this subchapter that takes into account--
                (i) the geographical distribution of older individuals 
            in the State; and
                (ii) the distribution among planning and service areas 
            of older individuals with greatest economic need and older 
            individuals with greatest social need, with particular 
            attention to low-income minority older individuals;

            (D) submit its formula developed under subparagraph (C) to 
        the Assistant Secretary for approval;
            (E) provide assurances that preference will be given to 
        providing services to older individuals with greatest economic 
        need and older individuals with greatest social need, with 
        particular attention to low-income minority individuals, and 
        include proposed methods of carrying out the preference in the 
        State plan;
            (F) provide assurances that the State agency will require 
        use of outreach efforts described in section 3027(a)(24) of this 
        title; and
            (G)(i) set specific objectives, in consultation with area 
        agencies on aging, for each planning and service area for 
        providing services funded under this subchapter to low-income 
        minority older individuals;
            (ii) provide an assurance that the State agency will 
        undertake specific program development, advocacy, and outreach 
        efforts focused on the needs of low-income minority older 
        individuals; and
            (iii) provide a description of the efforts described in 
        clause (ii) that will be undertaken by the State agency.

(b) Planning and service area designated; Indian reservations; 
        redesignation; adjustment of State allotment; review by 
        Assistant Secretary; additional planning and service areas; 
        right to first refusal to units of local government; procedures 
        and review of boundaries

    (1) In carrying out the requirement of subsection (a)(1) of this 
section, the State may designate as a planning and service area any unit 
of general purpose local government which has a population of 100,000 or 
more. In any case in which a unit of general purpose local government 
makes application to the State agency under the preceding sentence to be 
designated as a planning and service area, the State agency shall, upon 
request, provide an opportunity for a hearing to such unit of general 
purpose local government. A State may designate as a planning and 
service area under subsection (a)(1) of this section, any region within 
the State recognized for purposes of areawide planning which includes 
one or more such units of general purpose local government when the 
State determines that the designation of such a regional planning and 
service area is necessary for, and will enhance, the effective 
administration of the programs authorized by this subchapter. The State 
may include in any planning and service area designated under subsection 
(a)(1) of this section such additional areas adjacent to the unit of 
general purpose local government or regions so designated as the State 
determines to be necessary for, and will enhance the effective 
administration of the programs authorized by this subchapter.
    (2) The State is encouraged in carrying out the requirement of 
subsection (a)(1) of this section to include the area covered by the 
appropriate economic development district involved in any planning and 
service area designated under subsection (a)(1) of this section, and to 
include all portions of an Indian reservation within a single planning 
and service area, if feasible.
    (3) The chief executive officer of each State in which a planning 
and service area crosses State boundaries, or in which an interstate 
Indian reservation is located, may apply to the Assistant Secretary to 
request redesignation as an interstate planning and service area 
comprising the entire metropolitan area or Indian reservation. If the 
Assistant Secretary approves such an application, the Assistant 
Secretary shall adjust the State allotments of the areas within the 
planning and service area in which the interstate planning and service 
area is established to reflect the number of older individuals within 
the area who will be served by an interstate planning and service area 
not within the State.
    (4) Whenever a unit of general purpose local government, a region, a 
metropolitan area or an Indian reservation is denied designation under 
the provisions of subsection (a)(1) of this section, such unit of 
general purpose local government, region, metropolitan area, or Indian 
reservation may appeal the decision of the State agency to the Assistant 
Secretary. The Assistant Secretary shall afford such unit, region, 
metropolitan area, or Indian reservation an opportunity for a hearing. 
In carrying out the provisions of this paragraph, the Assistant 
Secretary may approve the decision of the State agency, disapprove the 
decision of the State agency and require the State agency to designate 
the unit, region, area, or Indian reservation appealing the decision as 
a planning and service area, or take such other action as the Assistant 
Secretary deems appropriate.
    (5)(A) A State which on or before October 1, 1980, had designated, 
with the approval of the Assistant Secretary, a single planning and 
service area covering all of the older individuals in the State, in 
which the State agency was administering the area plan, may after that 
date designate one or more additional planning and service areas within 
the State to be administered by public or private nonprofit agencies or 
organizations as area agencies on aging, after considering the factors 
specified in subsection (a)(1)(E) of this section. The State agency 
shall continue to perform the functions of an area agency on aging for 
any area of the State not included in a planning and service area for 
which an area agency on aging has been designated.
    (B) Whenever a State agency designates a new area agency on aging 
after October 9, 1984, the State agency shall give the right to first 
refusal to a unit of general purpose local government if (i) such unit 
can meet the requirements of subsection (c) of this section, and (ii) 
the boundaries of such a unit and the boundaries of the area are 
reasonably contiguous.
    (C)(i) A State agency shall establish and follow appropriate 
procedures to provide due process to affected parties, if the State 
agency initiates an action or proceeding to--
        (I) revoke the designation of the area agency on aging under 
    subsection (a) of this section;
        (II) designate an additional planning and service area in a 
    State;
        (III) divide the State into different planning and services \1\ 
    areas; or
---------------------------------------------------------------------------
    \1\ So in original. Probably should be ``service''.
---------------------------------------------------------------------------
        (IV) otherwise affect the boundaries of the planning and service 
    areas in the State.

    (ii) The procedures described in clause (i) shall include procedures 
for--
        (I) providing notice of an action or proceeding described in 
    clause (i);
        (II) documenting the need for the action or proceeding;
        (III) conducting a public hearing for the action or proceeding;
        (IV) involving area agencies on aging, service providers, and 
    older individuals in the action or proceeding; and
        (V) allowing an appeal of the decision of the State agency in 
    the action or proceeding to the Assistant Secretary.

    (iii) An adversely affected party involved in an action or 
proceeding described in clause (i) may bring an appeal described in 
clause (ii)(V) on the basis of--
        (I) the facts and merits of the matter that is the subject of 
    the action or proceeding; or
        (II) procedural grounds.

    (iv) In deciding an appeal described in clause (ii)(V), the 
Assistant Secretary may affirm or set aside the decision of the State 
agency. If the Assistant Secretary sets aside the decision, and the 
State agency has taken an action described in subclauses (I) through 
(III) of clause (i), the State agency shall nullify the action.

(c) Eligible State area agencies; development of area; preferred area 
        agency on aging designees

    An area agency on aging designated under subsection (a) of this 
section shall be--
        (1) an established office of aging which is operating within a 
    planning and service area designated under subsection (a) of this 
    section;
        (2) any office or agency of a unit of general purpose local 
    government, which is designated to function only for the purpose of 
    serving as an area agency on aging by the chief elected official of 
    such unit;
        (3) any office or agency designated by the appropriate chief 
    elected officials of any combination of units of general purpose 
    local government to act only on behalf of such combination for such 
    purpose;
        (4) any public or nonprofit private agency in a planning and 
    service area, or any separate organizational unit within such 
    agency, which is under the supervision or direction for this purpose 
    of the designated State agency and which can and will engage only in 
    the planning or provision of a broad range of supportive services, 
    or nutrition services within such planning and service area; or
        (5) in the case of a State specified in subsection (b)(5) of 
    this section, the State agency;

and shall provide assurance, determined adequate by the State agency, 
that the area agency on aging will have the ability to develop an area 
plan and to carry out, directly or through contractual or other 
arrangements, a program in accordance with the plan within the planning 
and service area. In designating an area agency on aging within the 
planning and service area or within any unit of general purpose local 
government designated as a planning and service area the State shall 
give preference to an established office on aging, unless the State 
agency finds that no such office within the planning and service area 
will have the capacity to carry out the area plan.

(d) Publication for review and comment; contents

    The publication for review and comment required by paragraph (2)(C) 
of subsection (a) of this section shall include--
        (1) a descriptive statement of the formula's assumptions and 
    goals, and the application of the definitions of greatest economic 
    or social need,
        (2) a numerical statement of the actual funding formula to be 
    used,
        (3) a listing of the population, economic, and social data to be 
    used for each planning and service area in the State, and
        (4) a demonstration of the allocation of funds, pursuant to the 
    funding formula, to each planning and service area in the State.

(Pub. L. 89-73, title III, Sec. 305, as added Pub. L. 95-478, title I, 
Sec. 103(b), Oct. 18, 1978, 92 Stat. 1520; amended Pub. L. 97-115, 
Secs. 3(d), 5, Dec. 29, 1981, 95 Stat. 1597; Pub. L. 98-459, title III, 
Sec. 305, Oct. 9, 1984, 98 Stat. 1773; Pub. L. 100-175, title I, 
Secs. 124, 132(a), 134(a)(1), 182(e)(2), (g), (h), Nov. 29, 1987, 101 
Stat. 933, 939, 940, 965; Pub. L. 100-628, title VII, Sec. 705(4), Nov. 
7, 1988, 102 Stat. 3247; Pub. L. 102-375, title I, Sec. 102(b)(9)(B), 
(10)(B)-(D), title III, Sec. 305, title IX, Sec. 904(a)(11), Sept. 30, 
1992, 106 Stat. 1201, 1202, 1222, 1306; Pub. L. 103-171, Secs. 2(8), 
3(a)(13), Dec. 2, 1993, 107 Stat. 1988, 1990.)


                            Prior Provisions

    A prior section 3025, Pub. L. 89-73, title III, Sec. 305, as added 
Pub. L. 93-29, title III, Sec. 301, May 3, 1973, 87 Stat. 41; Pub. L. 
94-135, title I, Secs. 106(a), (b), 114(e), Nov. 28, 1975, 89 Stat. 715, 
725, related to State plans, prior to the general amendment of this 
subchapter by Pub. L. 95-478. See section 3027 of this title.
    Another prior section 3025, Pub. L. 89-73, title III, Sec. 306, 
formerly Sec. 305, July 14, 1965, 79 Stat. 224; renumbered Sec. 306, 
Pub. L. 91-69, Sec. 5, Sept. 17, 1969, 83 Stat. 110, related to payments 
of grants for State and community programs on aging, adjustments, 
advances or reimbursement, and installments, prior to repeal by Pub. L. 
93-29, title III, Sec. 301, May 3, 1973, 87 Stat. 36.
    Provisions similar to those comprising this section were contained 
in Pub. L. 89-73, title III, Sec. 304, as added Pub. L. 93-29, title 
III, Sec. 301, May 3, 1973, 87 Stat. 38; Pub. L. 94-135, title I, 
Secs. 105, 106(c), Nov. 28, 1975, 89 Stat. 715, 716, which was 
classified to section 3024 of this title prior to repeal by Pub. L. 95-
478.


                               Amendments

    1993--Subsec. (a). Pub. L. 103-171, Sec. 3(a)(13), substituted 
``Assistant Secretary'' for ``Commissioner'' wherever appearing.
    Subsec. (b)(1). Pub. L. 103-171, Sec. 2(8), substituted ``area under 
subsection (a)(1) of this section'' for ``area under clause (1) of 
subsection (a) of this section'' and ``designated under subsection 
(a)(1) of this section'' for ``designated under clause (1) of subsection 
(a) of this section''.
    Subsec. (b)(2). Pub. L. 103-171, Sec. 2(8), substituted 
``requirement of subsection (a)(1) of this section'' for ``requirement 
of clause (1) of subsection (a) of this section''.
    Subsec. (b)(3) to (5). Pub. L. 103-171, Sec. 3(a)(13), substituted 
``Assistant Secretary'' for ``Commissioner'' wherever appearing.
    1992--Subsec. (a)(1)(C). Pub. L. 102-375, Sec. 305(a)(1), amended 
subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: 
``be primarily responsible for the coordination of all State activities 
related to the purposes of this chapter;''.
    Subsec. (a)(1)(D). Pub. L. 102-375, Sec. 904(a)(11)(A)(i)(I), 
substituted ``older individuals'' for ``the elderly'' wherever 
appearing.
    Subsec. (a)(1)(E). Pub. L. 102-375, Sec. 904(a)(11)(A)(i)(II), 
(III), inserted ``individuals who are'' before ``Indians'' and 
substituted ``older individuals'' for ``individuals aged 60 and older''.
    Subsec. (a)(2). Pub. L. 102-375, Sec. 904(a)(11)(A)(ii)(I), which 
directed the substitution of ``subparagraph'' for ``clause'', could not 
be executed because of the intervening amendment by Pub. L. 102-375, 
Sec. 102(b)(9)(B). See below.
    Pub. L. 102-375, Sec. 102(b)(9)(B), struck out ``designated under 
clause (1)'' after ``agency'' in introductory provisions.
    Subsec. (a)(2)(C). Pub. L. 102-375, Sec. 305(a)(2), amended subpar. 
(C) generally. Prior to amendment, subpar. (C) read as follows: 
``develop a formula, in accordance with guidelines issued by the 
Commissioner, for the distribution within the State of funds received 
under this subchapter, taking into account, to the maximum extent 
feasible, the best available statistics on the geographical distribution 
of individuals aged 60 and older in the State, and publish such formula 
for review and comment in accordance with subsection (d) of this 
section;''.
    Subsec. (a)(2)(D). Pub. L. 102-375, Sec. 904(a)(11)(A)(ii)(II), 
substituted ``subparagraph'' for ``subclause''.
    Pub. L. 102-375, Sec. 305(a)(2)(B), substituted ``for approval'' for 
``for review and comment''.
    Subsec. (a)(2)(E). Pub. L. 102-375, Sec. 904(a)(11)(A)(ii)(III), 
substituted ``greatest economic need and older individuals with greatest 
social need'' for ``the greatest economic or social needs''.
    Pub. L. 102-375, Sec. 305(a)(2)(C), struck out ``and'' at end.
    Subsec. (a)(2)(F). Pub. L. 102-375, Sec. 305(a)(2)(D), amended 
subpar. (F) generally. Prior to amendment, subpar. (F) read as follows: 
``assure the use of outreach efforts that will identify individuals 
eligible for assistance under this chapter, with special emphasis on 
older individuals with the greatest economic or social needs (with 
particular attention to low-income minority individuals) and inform such 
individuals of the availability of such assistance.''
    Subsec. (a)(2)(G). Pub. L. 102-375, Sec. 305(a)(2)(E), added subpar. 
(G).
    Subsec. (b)(1). Pub. L. 102-375, Sec. 904(a)(11)(B)(i), substituted 
``requirement of subsection (a)(1) of this section'' for ``requirement 
of clause (1) of subsection (a) of this section''.
    Subsec. (b)(2). Pub. L. 102-375, Sec. 904(a)(11)(B)(ii), substituted 
``designated under subsection (a)(1) of this section'' for ``designated 
under such clause''.
    Subsec. (b)(4). Pub. L. 102-375, Sec. 904(a)(11)(B)(i), substituted 
``subsection (a)(1) of this section'' for ``clause (1) of subsection (a) 
of this section''.
    Subsec. (b)(5)(A). Pub. L. 102-375, Sec. 102(b)(10)(B), substituted 
``area agency on aging'' for ``area agency'' in two places.
    Subsec. (b)(5)(C). Pub. L. 102-375, Sec. 305(b), added subpar. (C).
    Subsec. (c). Pub. L. 102-375, Sec. 102(b)(10)(D), substituted ``area 
agency on aging'' for ``area agency'' in concluding provisions of first 
sentence.
    Subsec. (c)(2). Pub. L. 102-375, Sec. 102(b)(10)(C), substituted 
``area agency on aging'' for ``area agency''.
    Subsec. (d). Pub. L. 102-375, Sec. 904(a)(11)(C), substituted 
``paragraph'' for ``clause'' in introductory provisions.
    1988--Subsec. (a)(1)(E). Pub. L. 100-628, Sec. 705(4)(A), 
substituted ``such areas,'' for ``such areas,,'' before ``distribution 
of resources''.
    Subsec. (d). Pub. L. 100-628, Sec. 705(4)(B), redesignated subpars. 
(A), (B), (C), and (D) as pars. (1), (2), (3), and (4), respectively.
    1987--Subsec. (a)(1)(E). Pub. L. 100-175, Secs. 132(a)(1), 
134(a)(1), 182(g), substituted ``the distribution of older individuals 
who have greatest economic need (with particular attention to low-income 
minority individuals) residing in such areas, the distribution of older 
individuals who have greatest social need (with particular attention to 
low-income minority individuals) residing in such areas,'' for ``the 
distribution of older individuals who have low incomes residing in such 
areas'', inserted ``the distribution of older Indians residing in such 
areas,'' after second reference to ``such areas,'', and substituted 
``legal assistance'' for ``legal services''.
    Subsec. (a)(2)(C). Pub. L. 100-175, Sec. 182(h), inserted ``in 
accordance with subsection (d) of this section'' before semicolon at 
end.
    Subsec. (a)(2)(F). Pub. L. 100-175, Sec. 132(a)(2), added subpar. 
(F).
    Subsec. (c)(2). Pub. L. 100-175, Sec. 124(1), inserted ``to function 
only'' after ``designated''.
    Subsec. (c)(3). Pub. L. 100-175, Sec. 124(2), inserted ``only'' 
after ``to act''.
    Subsec. (c)(4). Pub. L. 100-175, Sec. 124(3), inserted ``, or any 
separate organizational unit within such agency,'' after first reference 
to ``area'' and substituted ``and will engage only'' for ``engage''.
    Subsec. (d). Pub. L. 100-175, Sec. 182(e)(2), struck out par. (1) 
designation before ``The publication for review'' and struck out par. 
(2) which read as follows: ``For purposes of clause (2)(E) of subsection 
(a) of this section and paragraph (1) of this subsection, 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, and 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 threatens his or her 
capacity to live independently.''
    1984--Subsec. (a)(1)(E). Pub. L. 98-459, Sec. 305(a)(1), substituted 
``subsection (b)(5)(A) of this section'' for ``subsection (b)(5) of this 
section''.
    Subsec. (a)(2)(E). Pub. L. 98-459, Sec. 305(a)(2), inserted ``, with 
particular attention to low-income minority individuals,''.
    Subsec. (b)(3). Pub. L. 98-459, Sec. 305(b)(1), substituted ``the 
Commissioner shall adjust'' for ``he shall adjust''.
    Subsec. (b)(5). Pub. L. 98-459, Sec. 305(b), designated existing 
provisions as subpar. (A) and added subpar. (B).
    Subsec. (d). Pub. L. 98-459, Sec. 305(c), added subsec. (d).
    1981--Subsec. (a)(1)(E). Pub. L. 97-115, Secs. 3(d), 5(a), 
substituted ``divide the State into distinct planning and service areas 
(or in the case of a State specified in subsection (b)(5) of this 
section, designate the entire State as a single planning and service 
area)'' for ``divide the State into distinct areas'' and ``supportive 
services'' for ``social services'' in two places.
    Subsec. (a)(2)(A). Pub. L. 97-115, Sec. 5(b), substituted ``except 
as provided in subsection (b)(5) of this section, designate for each 
such area'' for ``determine for which planning and service area an area 
plan will be developed, in accordance with section 3026 of this title, 
and for each such area designate,''.
    Subsec. (a)(2)(B). Pub. L. 97-115, Sec. 3(d), substituted 
``supportive services'' for ``social services''.
    Subsec. (b)(5). Pub. L. 97-115, Sec. 5(c), added par. (5).
    Subsec. (c)(4). Pub. L. 97-115, Sec. 3(d), substituted ``supportive 
services'' for ``social services''.
    Subsec. (c)(5). Pub. L. 97-115, Sec. 5(d), added par. (5).


                    Effective Date of 1992 Amendment

    Amendment by section 305 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 305 of Pub. L. 102-375 inapplicable with 
respect to fiscal year 1992, see section 905(b)(2) of Pub. L. 102-375, 
set out as a note under section 3001 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.

                  Section Referred to in Other Sections

    This section is referred to in sections 3002, 3012, 3023, 3024, 
3026, 3027, 3028, 3058c, 5001, 11261, 11292 of this title.
