
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 305]
[CITE: 42USC3026]

 
                 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. 3026. Area plans


(a) Preparation and development by area agency on aging; requirements

    Each area agency on aging designated under section 3025(a)(2)(A) of 
this title shall, in order to be approved by the State agency, prepare 
and develop an area plan for a planning and service area for a two-, 
three-, or four-year period determined by the State agency, with such 
annual adjustments as may be necessary. Each such plan shall be based 
upon a uniform format for area plans within the State prepared in 
accordance with section 3027(a)(1) of this title. Each such plan shall--
        (1) provide, through a comprehensive and coordinated system, for 
    supportive services, nutrition services, and, where appropriate, for 
    the establishment, maintenance, or construction of multipurpose 
    senior centers, within the planning and service area covered by the 
    plan, including determining the extent of need for supportive 
    services, nutrition services, and multipurpose senior centers in 
    such area (taking into consideration, among other things, the number 
    of older individuals with low incomes residing in such area, the 
    number of older individuals who have greatest economic need (with 
    particular attention to low-income minority individuals) residing in 
    such area, the number of older individuals who have greatest social 
    need (with particular attention to low-income minority individuals) 
    residing in such area, and the number of older individuals who are 
    Indians residing in such area, and the efforts of voluntary 
    organizations in the community), evaluating the effectiveness of the 
    use of resources in meeting such need, and entering into agreements 
    with providers of supportive services, nutrition services, or 
    multipurpose senior centers in such area, for the provision of such 
    services or centers to meet such need;
        (2) provide assurances that an adequate proportion, as required 
    under section 3027(a)(22) of this title, of the amount allotted for 
    part B of this subchapter to the planning and service area will be 
    expended for the delivery of each of the following categories of 
    services--
            (A) services associated with access to services 
        (transportation, outreach, information and assistance, and case 
        management services);
            (B) in-home services (homemaker and home health aide, 
        visiting and telephone reassurance, chore maintenance, and 
        supportive services for families of older individuals who are 
        victims of Alzheimer's disease and related disorders with 
        neurological and organic brain dysfunction); and
            (C) legal assistance;

    and specify annually in such plan, as submitted or as amended, in 
    detail the amount of funds expended for each such category during 
    the fiscal year most recently concluded;
        (3)(A) designate, where feasible, a focal point for 
    comprehensive service delivery in each community, giving special 
    consideration to designating multipurpose senior centers (including 
    multipurpose senior centers operated by organizations referred to in 
    paragraph (6)(E)(ii)) as such focal point; and
        (B) specify, in grants, contracts, and agreements implementing 
    the plan, the identity of each focal point so designated;
        (4) provide for the establishment and maintenance of information 
    and assistance services in sufficient numbers to assure that all 
    older individuals within the planning and service area covered by 
    the plan will have reasonably convenient access to such services, 
    with particular emphasis on linking services available to isolated 
    older individuals and older individuals with Alzheimer's disease or 
    related disorders with neurological and organic brain dysfunction 
    (and the caretakers of individuals with such disease or disorders);
        (5)(A)(i) provide assurances that the area agency on aging will 
    set specific objectives for providing services to older individuals 
    with greatest economic need and older individuals with greatest 
    social need, include specific objectives for providing services to 
    low-income minority individuals, and include proposed methods of 
    carrying out the preference in the area plan;
        (ii) provide assurances that the area agency on aging will 
    include in each agreement made with a provider of any service under 
    this subchapter, a requirement that such provider will--
            (I) specify how the provider intends to satisfy the service 
        needs of low-income minority individuals in the area served by 
        the provider;
            (II) to the maximum extent feasible, provide services to 
        low-income minority individuals in accordance with their need 
        for such services; and
            (III) meet specific objectives established by the area 
        agency on aging, for providing services to low-income minority 
        individuals within the planning and service area; and

        (iii) with respect to the fiscal year preceding the fiscal year 
    for which such plan is prepared--
            (I) identify the number of low-income minority older 
        individuals in the planning and service area;
            (II) describe the methods used to satisfy the service needs 
        of such minority older individuals; and
            (III) provide information on the extent to which the area 
        agency on aging met the objectives described in clause (i);

        (B) provide assurances that the area agency on aging will use 
    outreach efforts that will--
            (i) identify individuals eligible for assistance under this 
        chapter, with special emphasis on--
                (I) older individuals residing in rural areas;
                (II) older individuals with greatest economic need (with 
            particular attention to low-income minority individuals);
                (III) older individuals with greatest social need (with 
            particular attention to low-income minority individuals);
                (IV) older individuals with severe disabilities;
                (V) older individuals with limited English-speaking 
            ability; and
                (VI) older individuals with Alzheimer's disease or 
            related disorders with neurological and organic brain 
            dysfunction (and the caretakers of such individuals); and

            (ii) inform the older individuals referred to in subclauses 
        (I) through (VI) of clause (i), and the caretakers of such 
        individuals, of the availability of such assistance; and

        (C) contain an assurance that the area agency on aging will 
    ensure that each activity undertaken by the agency, including 
    planning, advocacy, and systems development, will include a focus on 
    the needs of low-income minority older individuals;
        (6) provide that the area agency on aging will--
            (A) conduct periodic evaluations of, and public hearings on, 
        activities carried out under the area plan and an annual 
        evaluation of the effectiveness of outreach conducted under 
        paragraph (5)(B);
            (B) furnish appropriate technical assistance, and timely 
        information in a timely manner, to providers of supportive 
        services, nutrition services, or multipurpose senior centers in 
        the planning and service area covered by the area plan;
            (C) take into account in connection with matters of general 
        policy arising in the development and administration of the area 
        plan, the views of recipients of services under such plan;
            (D) serve as the advocate and focal point for older 
        individuals within the community by (in cooperation with 
        agencies, organizations, and individuals participating in 
        activities under the plan) monitoring, evaluating, and 
        commenting upon all policies, programs, hearings, levies, and 
        community actions which will affect older individuals;
            (E)(i) where possible, enter into arrangements with 
        organizations providing day care services for children or 
        adults, and respite for families, so as to provide opportunities 
        for older individuals to aid or assist on a voluntary basis in 
        the delivery of such services to children, adults, and families; 
        and
            (ii) if possible regarding the provision of services under 
        this subchapter, enter into arrangements and coordinate with 
        organizations that have a proven record of providing services to 
        older individuals, that--
                (I) were officially designated as community action 
            agencies or community action programs under section 210 of 
            the Economic Opportunity Act of 1964 (42 U.S.C. 2790) \1\ 
            for fiscal year 1981, and did not lose the designation as a 
            result of failure to comply with such Act; or
---------------------------------------------------------------------------
    \1\ See References in Text note below.
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                (II) came into existence during fiscal year 1982 as 
            direct successors in interest to such community action 
            agencies or community action programs;

        and that meet the requirements under section 9910 of this title;
            (F) establish an advisory council consisting of older 
        individuals (including minority individuals) who are 
        participants or who are eligible to participate in programs 
        assisted under this chapter, representatives of older 
        individuals, local elected officials, providers of veterans' 
        health care (if appropriate), and the general public, to advise 
        continuously the area agency on aging on all matters relating to 
        the development of the area plan, the administration of the plan 
        and operations conducted under the plan;
            (G) develop and publish methods by which priority of 
        services is determined, particularly with respect to the 
        delivery of services under paragraph (2);
            (H) establish effective and efficient procedures for 
        coordination of--
                (i) entities conducting programs that receive assistance 
            under this chapter within the planning and service area 
            served by the agency; and
                (ii) entities conducting other Federal programs for 
            older individuals at the local level, with particular 
            emphasis on entities conducting programs described in 
            section 3013(b) of this title, within the area;

            (I) conduct efforts to facilitate the coordination of 
        community-based, long-term care services designed to retain 
        individuals in their homes, thereby deferring unnecessary, 
        costly institutionalization, and designed to include the 
        development of case management services as a component of the 
        long-term care services;
            (J) identify the public and private nonprofit entities 
        involved in the prevention, identification, and treatment of the 
        abuse, neglect, and exploitation of older individuals, and based 
        on such identification, determine the extent to which the need 
        for appropriate services for such individuals is unmet;
            (K) facilitate the involvement of long-term care providers 
        in the coordination of community-based long-term care services 
        and work to ensure community awareness of and involvement in 
        addressing the needs of residents of long-term care facilities;
            (L) coordinate the categories of services specified in 
        paragraph (2) for which the area agency on aging is required to 
        expend funds under part B of this subchapter, with activities of 
        community-based organizations established for the benefit of 
        victims of Alzheimer's disease and the families of such victims;
            (M) coordinate any mental health services provided with 
        funds expended by the area agency on aging for part B of this 
        subchapter with the mental health services provided by community 
        health centers and by other public agencies and nonprofit 
        private organizations;
            (N) if there is a significant population of older 
        individuals who are Indians in the planning and service area of 
        the area agency on aging, the area agency on aging shall conduct 
        outreach activities to identify such individuals in such area 
        and shall inform such individuals of the availability of 
        assistance under this chapter;
            (O)(i) compile available information on institutions of 
        higher education in the planning and service area regarding--
                (I) the courses of study offered to older individuals by 
            such institutions; and
                (II) the policies of such institutions with respect to 
            the enrollment of older individuals with little or no 
            payment of tuition, on a space available basis, or on 
            another special basis;

        and include in such compilation such related supplementary 
        information as may be necessary; and
            (ii) based on the results of such compilation, make a 
        summary of such information available to older individuals at 
        multipurpose senior centers, congregate nutrition sites, and 
        other appropriate places;
            (P) establish a grievance procedure for older individuals 
        who are dissatisfied with or denied services under this 
        subchapter;
            (Q) enter into voluntary arrangements with nonprofit 
        entities (including public and private housing authorities and 
        organizations) that provide housing (such as housing under 
        section 1701q of title 12) to older individuals, to provide--
                (i) leadership and coordination in the development, 
            provision, and expansion of adequate housing, supportive 
            services, referrals, and living arrangements for older 
            individuals; and
                (ii) advance notification and nonfinancial assistance to 
            older individuals who are subject to eviction from such 
            housing;

            (R) list the telephone number of the agency in each 
        telephone directory that is published, by the provider of local 
        telephone service, for residents in any geographical area that 
        lies in whole or in part in the service and planning area served 
        by the agency--
                (i) under the name ``Area Agency on Aging'';
                (ii) in the unclassified section of the directory; and
                (iii) to the extent possible, in the classified section 
            of the directory, under a subject heading designated by the 
            Assistant Secretary by regulation; and

            (S) identify the needs of older individuals and describe 
        methods the area agency on aging will use to coordinate planning 
        and delivery of transportation services (including the purchase 
        of vehicles) to assist older individuals, including those with 
        special needs, in the area;

        (7) provide assurances that any amount received under part D of 
    this subchapter will be expended in accordance with such part;
        (8) provide assurances that any amount received under part E of 
    this subchapter will be expended in accordance with such part;
        (9) provide assurances that any amount received under part F of 
    this subchapter will be expended in accordance with such part;
        (10) provide assurances that any amount received under part G of 
    this subchapter will be expended in accordance with such part;
        (11) provide assurances that the area agency on aging, in 
    carrying out the State Long-Term Care Ombudsman program under 
    section 3027(a)(12) of this title, will expend not less than the 
    total amount of funds appropriated under this chapter and expended 
    by the agency in fiscal year 1991 in carrying out such a program 
    under this subchapter;
        (12) in the discretion of the area agency on aging, provide for 
    an area volunteer services coordinator, who shall--
            (A) encourage, and enlist the services of, local volunteer 
        groups to provide assistance and services appropriate to the 
        unique needs of older individuals within the planning and 
        service area;
            (B) encourage, organize, and promote the use of older 
        individuals as volunteers to local communities within the area; 
        and
            (C) promote the recognition of the contribution made by 
        volunteers to programs administered under the area plan;

        (13)(A) describe all activities of the area agency on aging, 
    whether funded by public or private funds; and
        (B) provide an assurance that the activities conform with--
            (i) the responsibilities of the area agency on aging, as set 
        forth in this subsection; and
            (ii) the laws, regulations, and policies of the State served 
        by the area agency on aging;

        (14) provide assurances that the area agency on aging will--
            (A) maintain the integrity and public purpose of services 
        provided, and service providers, under this subchapter in all 
        contractual and commercial relationships;
            (B) disclose to the Assistant Secretary and the State 
        agency--
                (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;

            (C) demonstrate that a loss or diminution in the quantity or 
        quality of the services provided, or to be provided, under this 
        subchapter by such agency has not resulted and will not result 
        from such contract or such relationship;
            (D) demonstrate that the quantity or quality of the services 
        to be provided under this subchapter by such agency will be 
        enhanced as a result of such contract or such relationship; and
            (E) 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 such agency receives or expends to provide 
        services to older individuals;

        (15) provide assurances that funds received under this 
    subchapter will not be used to pay any part of a cost (including an 
    administrative cost) incurred by the area agency on aging to carry 
    out a contract or commercial relationship that is not carried out to 
    implement this subchapter;
        (16) provide assurances that preference in receiving services 
    under this subchapter will not be given by the area agency on aging 
    to particular older individuals as a result of a contract or 
    commercial relationship that is not carried out to implement this 
    subchapter;
        (17) provide assurances that projects in the planning and 
    service area will reasonably accommodate participants as described 
    in section 3027(a)(13)(G) of this title;
        (18) provide assurances that the area agency on aging will, to 
    the maximum extent practicable, coordinate the services it provides 
    under this title with services provided under subchapter X of this 
    chapter;
        (19)(A) provide an assurance that the area agency on aging will 
    pursue activities to increase access by older individuals who are 
    Native Americans to all aging programs and benefits provided by the 
    agency, including programs and benefits under this subchapter, if 
    applicable; and
        (B) specify the ways in which the area agency on aging intends 
    to implement the activities; and
        (20) provide that case management services provided under this 
    subchapter through the area agency on aging will--
            (A) not duplicate case management services provided through 
        other Federal and State programs;
            (B) be coordinated with services described in subparagraph 
        (A); and
            (C) be provided by--
                (i) a public agency; or
                (ii) a nonprofit private agency that--
                    (I) does not provide, and does not have a direct or 
                indirect ownership or controlling interest in, or a 
                direct or indirect affiliation or relationship with, an 
                entity that provides, services other than case 
                management services under this subchapter; or
                    (II) is located in a rural area and obtains a waiver 
                of the requirement described in subclause (I).

(b) Waiver of requirements; notice and hearing; opportunity to testify; 
        record

    (1) Each State, in approving area agency on aging plans under this 
section, shall waive the requirement described in paragraph (2) of 
subsection (a) of this section for any category of services described in 
such paragraph if the area agency on aging demonstrates to the State 
agency that services being furnished for such category in the area are 
sufficient to meet the need for such services in such area.
    (2)(A) Before an area agency on aging requests a waiver under 
paragraph (1) of this subsection, the area agency on aging shall conduct 
a timely public hearing in accordance with the provisions of this 
paragraph. The area agency on aging requesting a waiver shall notify all 
interested parties in the area of the public hearing and furnish the 
interested parties with an opportunity to testify.
    (B) The area agency on aging shall prepare a record of the public 
hearing conducted pursuant to subparagraph (A) and shall furnish the 
record of the public hearing with the request for a waiver made to the 
State under paragraph (1).
    (C) Whenever the State agency proposes to grant a waiver to an area 
agency on aging under this subsection, the State agency shall publish 
the intention to grant such a waiver together with the justification for 
the waiver at least 30 days prior to the effective date of the decision 
to grant the waiver. An individual or a service provider from the area 
with respect to which the proposed waiver applies is entitled to request 
a hearing before the State agency on the request to grant such waiver. 
If, within the 30-day period described in the first sentence of this 
subparagraph, an individual or service provider requests a hearing under 
this subparagraph, the State agency shall afford such individual or 
provider an opportunity for a hearing.
    (D) If the State agency waives the requirement described in 
paragraph (2) of subsection (a) of this section, the State agency shall 
provide to the Assistant Secretary--
        (i) a report regarding such waiver that details the 
    demonstration made by the area agency on aging to obtain such 
    waiver;
        (ii) a copy of the record of the public hearing conducted 
    pursuant to subparagraph (A); and
        (iii) a copy of the record of any public hearing conducted 
    pursuant to subparagraph (C).

(c) Transportation services; funds

    (1) Subject to regulations prescribed by the Assistant Secretary, an 
area agency on aging designated under section 3025(a)(2)(A) of this 
title or, in areas of a State where no such agency has been designated, 
the State agency, may enter into agreements with agencies administering 
programs under the Rehabilitation Act of 1973 [29 U.S.C. 701 et seq.], 
and titles XIX and XX of the Social Security Act [42 U.S.C. 1396 et 
seq., 1397 et seq.] for the purpose of developing and implementing plans 
for meeting the common need for transportation services of individuals 
receiving benefits under such Acts and older individuals participating 
in programs authorized by this subchapter.
    (2) In accordance with an agreement entered into under paragraph 
(1), funds appropriated under this subchapter may be used to purchase 
transportation services for older individuals and may be pooled with 
funds made available for the provision of transportation services under 
the Rehabilitation Act of 1973 [29 U.S.C. 701 et seq.], and titles XIX 
and XX of the Social Security Act [42 U.S.C. 1396 et seq., 1397 et 
seq.].

(d) Confidentiality of information relating to legal assistance

    An area agency on aging may not require any provider of legal 
assistance under this subchapter to reveal any information that is 
protected by the attorney-client privilege.

(e) Withholding of area funds

    (1) If the head of a State agency finds that an area agency on aging 
has failed to comply with Federal or State laws, including the area plan 
requirements of this section, regulations, or policies, the State may 
withhold a portion of the funds to the area agency on aging available 
under this subchapter.
    (2)(A) The head of a State agency shall not make a final 
determination withholding funds under paragraph (1) without first 
affording the area agency on aging due process in accordance with 
procedures established by the State agency.
    (B) At a minimum, such procedures shall include procedures for--
        (i) providing notice of an action to withhold funds;
        (ii) providing documentation of the need for such action; and
        (iii) at the request of the area agency on aging, conducting a 
    public hearing concerning the action.

    (3)(A) If a State agency withholds the funds, the State agency may 
use the funds withheld to directly administer programs under this 
subchapter in the planning and service area served by the area agency on 
aging for a period not to exceed 180 days, except as provided in 
subparagraph (B).
    (B) If the State agency determines that the area agency on aging has 
not taken corrective action, or if the State agency does not approve the 
corrective action, during the 180-day period described in subparagraph 
(A), the State agency may extend the period for not more than 90 days.

(Pub. L. 89-73, title III, Sec. 306, as added Pub. L. 95-478, title I, 
Sec. 103(b), Oct. 18, 1978, 92 Stat. 1522; amended Pub. L. 97-115, 
Secs. 3(d), 6, Dec. 29, 1981, 95 Stat. 1597, 1598; Pub. L. 98-459, title 
III, Sec. 306, Oct. 9, 1984, 98 Stat. 1774; Pub. L. 100-175, title I, 
Secs. 104(c), 125-127, 130(a), 131(a), 132(b), 133, 134(a)(2), (b), 135, 
136(b), 137(a), 140(b), 141(b), 143(b), 144(c), 155(e)(1), 182(e)(3), 
(i), (j), Nov. 29, 1987, 101 Stat. 930, 934, 938-944, 946, 947, 949, 
952, 965; Pub. L. 100-628, title VII, Sec. 705(5), Nov. 7, 1988, 102 
Stat. 3247; Pub. L. 102-375, title I, Sec. 102(b)(4), (10)(C), (E), 
title III, Sec. 306, title IX, Sec. 904(a)(12), Sept. 30, 1992, 106 
Stat. 1201, 1202, 1223, 1307; Pub. L. 103-171, Sec. 3(a)(13), Dec. 2, 
1993, 107 Stat. 1990; Pub. L. 105-285, title II, Sec. 202(a), Oct. 27, 
1998, 112 Stat. 2755.)

                       References in Text

    The Economic Opportunity Act of 1964, referred to in subsec. 
(a)(6)(E)(ii)(I), is Pub. L. 88-452, Aug. 20, 1964, 78 Stat. 508, as 
amended, which was classified generally to chapter 34 (Sec. 2701 et 
seq.) of this title prior to repeal, except for titles VIII and X, by 
Pub. L. 97-35, title VI, Sec. 683(a), Aug. 13, 1981, 95 Stat. 519. 
Titles VIII and X of the Act are classified generally to subchapters 
VIII (Sec. 2991 et seq.) and X (Sec. 2996 et seq.) of chapter 34 of this 
title. Section 210 of the Act was classified to section 2790 of this 
title prior to repeal by Pub. L. 97-35. For complete classification of 
this Act to the Code, see Tables.
    The Social Security Act, referred to in subsec. (c), is act Aug. 14, 
1935, ch. 531, 49 Stat. 620, as amended. Titles XIX and XX of the Act 
are classified generally to subchapters XIX (Sec. 1396 et seq.) and XX 
(Sec. 1397 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.
    The Rehabilitation Act of 1973, referred to in subsec. (c), is Pub. 
L. 93-112, Sept. 26, 1973, 87 Stat. 355, as amended, which is classified 
generally to chapter 16 (Sec. 701 et seq.) of Title 29, Labor. For 
complete classification of this Act to the Code, see Short Title note 
set out under section 701 of Title 29 and Tables.


                            Prior Provisions

    A prior section 3026, Pub. L. 89-73, title III, Sec. 306, as added 
Pub. L. 93-29, title III, Sec. 301, May 3, 1973, 87 Stat. 43; amended 
Pub. L. 94-135, title I, Sec. 107, Nov. 28, 1975, 89 Stat. 716, related 
to the planning, coordination, evaluation, and administration of State 
plans, prior to the general amendment of this subchapter by Pub. L. 95-
478. See section 3028 of this title.
    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; amended 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

    1998--Subsec. (a)(6)(E)(ii). Pub. L. 105-285 substituted ``section 
9910 of this title'' for ``section 9904(c)(3) of this title'' in 
concluding provisions.
    1993--Subsecs. (a)(6)(R)(iii), (14)(B), (E), (b)(2)(D), (c)(1). Pub. 
L. 103-171 substituted ``Assistant Secretary'' for ``Commissioner''.
    1992--Subsec. (a)(1). Pub. L. 102-375, Sec. 904(a)(12)(A)(i), 
inserted ``individuals who are'' before ``Indians''.
    Subsec. (a)(2)(A). Pub. L. 102-375, Sec. 306(a), substituted ``, 
information and assistance, and case management services'' for ``, and 
information and assistance''.
    Pub. L. 102-375, Sec. 102(b)(4), substituted ``information and 
assistance'' for ``information and referral''.
    Subsec. (a)(2)(B). Pub. L. 102-375, Sec. 904(a)(12)(A)(ii), 
substituted ``older individuals who are'' for ``elderly''.
    Subsec. (a)(3). Pub. L. 102-375, Sec. 306(b), designated existing 
provisions as subpar. (A), inserted ``(including multipurpose senior 
centers operated by organizations referred to in paragraph (6)(E)(ii))'' 
after ``centers'', and added subpar. (B).
    Subsec. (a)(4). Pub. L. 102-375, Sec. 306(c)(1), inserted before 
semicolon at end ``, with particular emphasis on linking services 
available to isolated older individuals and older individuals with 
Alzheimer's disease or related disorders with neurological and organic 
brain dysfunction (and the caretakers of individuals with such disease 
or disorders)''.
    Pub. L. 102-375, Sec. 102(b)(4), substituted ``information and 
assistance'' for ``information and referral''.
    Subsec. (a)(5)(A)(i). Pub. L. 102-375, Sec. 904(a)(12)(A)(iii), 
substituted ``greatest economic need and older individuals with greatest 
social need'' for ``the greatest economic or social needs''.
    Pub. L. 102-375, Sec. 306(c)(2)(A)(i), substituted ``the area agency 
on aging will set specific objectives for'' for ``preference will be 
given to'' and ``include specific objectives for providing services'' 
for ``with particular attention''.
    Subsec. (a)(5)(A)(ii). Pub. L. 102-375, Sec. 102(b)(10)(C), 
substituted ``area agency on aging'' for ``area agency''.
    Subsec. (a)(5)(A)(ii)(I). Pub. L. 102-375, Sec. 306(c)(2)(A)(ii)(I), 
struck out ``and'' at end.
    Subsec. (a)(5)(ii)(II). Pub. L. 102-375, Sec. 306(c)(2)(A)(ii)(II), 
amended subcl. (II) generally. Prior to amendment, subcl. (II) read as 
follows: ``attempt to provide services to low-income minority 
individuals in at least the same proportion as the population of low-
income minority older individuals bears to the population of older 
individuals of the area served by such provider; and''.
    Subsec. (a)(5)(A)(ii)(III). Pub. L. 102-375, 
Sec. 306(c)(2)(A)(ii)(III), added subcl. (III).
    Subsec. (a)(5)(A)(iii)(III). Pub. L. 102-375, 
Sec. 306(c)(2)(A)(iii), added subcl. (III).
    Subsec. (a)(5)(B). Pub. L. 102-375, Sec. 306(c)(2)(B), amended 
subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: 
``assure the use of outreach efforts that will identify individuals 
eligible for assistance under this chapter, with special emphasis on 
rural elderly, older individuals who have greatest economic need (with 
particular attention to low-income minority individuals), older 
individuals who have greatest social need (with particular attention to 
low-income minority individuals), and older individuals with severe 
disabilities, and inform such individuals of the availability of such 
assistance;''.
    Subsec. (a)(5)(C). Pub. L. 102-375, Sec. 306(c)(2)(C), added subpar. 
(C).
    Subsec. (a)(6)(B). Pub. L. 102-375, Sec. 306(d)(1), inserted ``, and 
timely information in a timely manner,'' after ``assistance''.
    Subsec. (a)(6)(D). Pub. L. 102-375, Sec. 904(a)(12) (A)(iv)(I), 
substituted ``older individuals'' for ``the elderly'' in two places.
    Pub. L. 102-375, Sec. 306(d)(2), inserted ``(in cooperation with 
agencies, organizations, and individuals participating in activities 
under the plan)'' after ``community by''.
    Subsec. (a)(6)(E). Pub. L. 102-375, Sec. 306(d)(3), designated 
existing provisions as cl. (i) and added cl. (ii).
    Subsec. (a)(6)(F). Pub. L. 102-375, Sec. 102(b)(10)(C), substituted 
``area agency on aging'' for ``area agency''.
    Subsec. (a)(6)(G). Pub. L. 102-375, Sec. 904(a)(12)(A)(iv)(II), 
substituted ``paragraph'' for ``clause''.
    Subsec. (a)(6)(H). Pub. L. 102-375, Sec. 306(d)(4), amended subpar. 
(H) generally. Prior to amendment, subpar. (H) read as follows: 
``establish effective and efficient procedures for coordination between 
the programs assisted under this subchapter and programs described in 
section 3013(b) of this title;''.
    Subsec. (a)(6)(I). Pub. L. 102-375, Sec. 306(d)(5), substituted 
``include the development of case management services as a component of 
the long-term care services'' for ``emphasize the development of client-
centered case management systems as a component of such services''.
    Subsec. (a)(6)(N). Pub. L. 102-375, Sec. 904(a)(12) (A)(iv)(IV), 
which directed substitution of ``such individuals in such area and shall 
inform such individuals'' for ``elder Indians in such area and shall 
inform such older Indians'', was executed by making the substitution for 
``older Indians in such area and shall inform such older Indians'' to 
reflect the probable intent of Congress.
    Pub. L. 102-375, Secs. 102(b)(10)(E), 904(a)(12) (A)(iv)(III), 
substituted ``population of older individuals who are Indians'' for 
``population of older Indians'' and ``area agency on aging'' for ``area 
agency'' in two places.
    Subsec. (a)(6)(O)(ii). Pub. L. 102-375, Sec. 306(d)(6), struck out 
``and'' at end.
    Subsec. (a)(6)(P) to (S). Pub. L. 102-375, Sec. 306(d)(7), (8), 
added subpars. (P) to (S) and struck out former subpar. (P) which read 
as follows: ``with funds and information received under section 
3027(a)(31) of this title from the State agency--
        ``(i) carry out activities to identify 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 (or assistance under a State plan program 
    under title XVI of that Act), medical assistance under title XIX of 
    the Social Security Act, and benefits under the Food Stamp Act of 
    1977;
        ``(ii) conduct outreach activities to inform older individuals 
    of the requirements for eligibility to receive such assistance and 
    such benefits; and
        ``(iii) assist older individuals to apply for such assistance 
    and such benefits;''.
    Subsec. (a)(11). Pub. L. 102-375, Sec. 306(e), added par. (11).
    Subsec. (a)(12) to (20). Pub. L. 102-375, Sec. 306(f), added pars. 
(12) to (20).
    Subsec. (b)(1). Pub. L. 102-375, Sec. 904(a)(12)(B)(i), inserted 
``on aging'' before ``plans'' and substituted ``paragraph'' for 
``clause'' in two places.
    Subsec. (b)(2)(C). Pub. L. 102-375, Sec. 102(b)(10)(C), substituted 
``area agency on aging'' for ``area agency''.
    Subsec. (b)(2)(D). Pub. L. 102-375, Sec. 904(a)(12)(B)(ii), 
substituted ``paragraph'' for ``clause''.
    Subsec. (e). Pub. L. 102-375, Sec. 306(g), added subsec. (e).
    1988--Subsec. (a)(1). Pub. L. 100-628 substituted ``such area,'' for 
``such area,,'' before ``and the number of older Indians''.
    1987--Subsec. (a). Pub. L. 100-175, Sec. 182(e)(3), struck out last 
sentence which read as follows: ``For purposes of clause (5)(A), 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, 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 threaten his or her capacity to live 
independently.''
    Subsec. (a)(1). Pub. L. 100-175, Sec. 134(a)(2), inserted ``, and 
the number of older Indians residing in such area,'' before last 
reference to ``and'' in parenthetical.
    Pub. L. 100-175, Sec. 132(b)(1), inserted ``, the number of older 
individuals who have greatest economic need (with particular attention 
to low-income minority individuals) residing in such area, the number of 
older individuals who have greatest social need (with particular 
attention to low-income minority individuals) residing in such area,'' 
after ``residing in such area''.
    Subsec. (a)(2). Pub. L. 100-175, Sec. 130(a)(1), inserted ``, as 
required under section 3027(a)(22) of this title,'' after ``adequate 
proportion''.
    Subsec. (a)(2)(B). Pub. L. 100-175, Sec. 182(j), substituted 
``related disorders with neurological and organic brain dysfunction'' 
for ``other neurological and organic brain disorders of the Alzheimer's 
type''.
    Subsec. (a)(5)(A). Pub. L. 100-175, Sec. 131(a), designated existing 
provisions as cl. (i) and added cls. (ii) and (iii).
    Subsec. (a)(5)(B). Pub. L. 100-175, Sec. 136(b), inserted ``and 
older individuals with severe disabilities,'' after second reference to 
``individuals),''.
    Pub. L. 100-175, Sec. 132(b)(2), inserted ``older individuals who 
have greatest economic need (with particular attention to low-income 
minority individuals), older individuals who have greatest social need 
(with particular attention to low-income minority individuals),'' after 
``rural elderly''.
    Subsec. (a)(6)(A). Pub. L. 100-175, Secs. 125, 132(b)(3), inserted 
``, and public hearings on,'' after ``evaluations of'' and ``and an 
annual evaluation of the effectiveness of outreach conducted under 
paragraph (5)(B)'' before semicolon at end.
    Subsec. (a)(6)(E). Pub. L. 100-175, Sec. 126, inserted ``or adults, 
and respite for families,'' after ``for children'' and ``, adults, and 
families'' after ``to children''.
    Subsec. (a)(6)(F). Pub. L. 100-175, Sec. 104(c), inserted 
``providers of veterans' health care (if appropriate),'' after ``elected 
officials,''.
    Subsec. (a)(6)(G). Pub. L. 100-175, Sec. 182(i), struck out ``and'' 
after ``clause (2);''.
    Subsec. (a)(6)(L). Pub. L. 100-175, Sec. 127, added subpar. (L).
    Subsec. (a)(6)(M). Pub. L. 100-175, Sec. 133, added subpar. (M).
    Subsec. (a)(6)(N). Pub. L. 100-175, Sec. 134(b), added subpar. (N).
    Subsec. (a)(6)(O). Pub. L. 100-175, Sec. 135, added subpar. (O).
    Subsec. (a)(6)(P). Pub. L. 100-175, Sec. 155(e)(1), added subpar. 
(P).
    Subsec. (a)(7). Pub. L. 100-175, Sec. 140(b), added par. (7).
    Subsec. (a)(8). Pub. L. 100-175, Sec. 141(b), added par. (8).
    Subsec. (a)(9). Pub. L. 100-175, Sec. 143(b), added par. (9).
    Subsec. (a)(10). Pub. L. 100-175, Sec. 144(c), added par. (10).
    Subsec. (b)(2)(C), (D). Pub. L. 100-175, Sec. 130(a)(2), added 
subpars. (C) and (D).
    Subsec. (d). Pub. L. 100-175, Sec. 137(a), added subsec. (d).
    1984--Subsec. (a). Pub. L. 98-459, Sec. 306(a)(5)(E), inserted 
provisions defining ``greatest economic need'' and ``greatest social 
need'' following par. (6).
    Subsec. (a)(1). Pub. L. 98-459, Sec. 306(a)(1), inserted ``and the 
efforts of voluntary organizations in the community''.
    Subsec. (a)(2). Pub. L. 98-459, Sec. 306(a)(2)(A), inserted ``each 
of the following categories of services'' in provisions preceding 
subpar. (A).
    Pub. L. 98-459, Sec. 306(a)(2)(D), substituted ``and specify 
annually in such plan, as submitted or as amended, in detail the amount 
of funds expended for each such category during the fiscal year most 
recently concluded'' for ``and that some funds will be expended for each 
such category of services'' in provisions following subpar. (C).
    Subsec. (a)(2)(B). Pub. L. 98-459, Sec. 306(a)(2)(B), substituted 
``chore maintenance, and supportive services for families of elderly 
victims of Alzheimer's disease and other neurological and organic brain 
disorders of the Alzheimer's type'' for ``and chore maintenance''.
    Subsec. (a)(2)(C). Pub. L. 98-459, Sec. 306(a)(2)(C), substituted 
``legal assistance'' for ``legal services''.
    Subsec. (a)(3). Pub. L. 98-459, Sec. 306(a)(3), substituted ``, 
giving special consideration'' for ``to encourage the maximum 
collocation and coordination of services for older individuals, and give 
special consideration''.
    Subsec. (a)(5)(A). Pub. L. 98-459, Sec. 306(a)(4), inserted ``, with 
particular attention to low-income minority individuals,''.
    Subsec. (a)(6)(F). Pub. L. 98-459, Sec. 306(a)(5)(A), (B), (D), 
redesignated subpar. (G) as (F), substituted ``consisting of older 
individuals (including minority individuals)'' for ``consisting of older 
individuals'', and struck out former subpar. (F) which had required the 
area agency on aging to enter, where possible, into arrangements with 
local educational agencies, institutions of higher education, and 
nonprofit private organizations, to use services provided for older 
individuals under the community schools program under the Elementary and 
Secondary Education Act of 1965.
    Subsec. (a)(6)(G), (H). Pub. L. 98-459, Sec. 306(a)(5)(D), 
redesignated subpars. (H) and (I) as (G) and (H), respectively. Former 
subpar. (G) redesignated (F).
    Subsec. (a)(6)(I). Pub. L. 98-459, Sec. 306(a)(5)(C)-(E), added 
subpar. (I). Former subpar. (I) redesignated (H).
    Subsec. (a)(6)(J), (K). Pub. L. 98-459, Sec. 306(a)(5)(E), added 
subpars. (J) and (K).
    Subsec. (b). Pub. L. 98-459, Sec. 306(b), designated existing 
provisions as par. (1) and added par. (2).
    1981--Subsec. (a). Pub. L. 97-115, Secs. 3(d), 6(a), (b), 
substituted ``for a two-, three-, or four-year period determined by the 
State agency,'' for ``for a 3-year period'' in provisions preceding par. 
(1), substituted ``supportive services'' for ``social services'' in par. 
(1) in three places, substituted ``an adequate portion'' for ``at least 
50 percent'' in provisions of par. (2) preceding subpar. (A), and 
substituted ``supportive services'' for ``social services'' in par. 
(6)(B).
    Subsec. (b). Pub. L. 97-115, Sec. 6(c), struck out par. (1) 
providing that each State, in approving area agency plans under this 
section, could, for fiscal years 1979 and 1980, waive any particular 
requirement relating to the delivery of services or the establishment or 
operation of multipurpose senior centers which such agency could not 
meet because of the consolidation authorized by the Comprehensive Older 
Americans Act Amendments of 1978, except that the State agency could 
grant such a waiver only if the area agency demonstrated to the State 
agency that it was taking steps to meet the requirements of this 
subchapter, but that in any event the State agency could not grant a 
waiver for any requirement of this chapter in effect on Sept. 30, 1978, 
struck out par. (2) designation, made mandatory the formerly 
discretionary waiver by each State, in approving area agency plans under 
this section, of the requirement described in clause (2) of subsection 
(a) of this section for any category of services described in such 
clause if the area agency on aging demonstrates to the State agency that 
services being furnished for such category in the area are sufficient to 
meet the need for such services in such area, and struck out provisions 
that if the State agency granted a waiver with respect to any category, 
then the area agency had to expend under clause (2) of subsection (a) of 
this section a percentage of the amount allotted for part B to the 
planning and service area, for the categories with respect to which such 
waiver did not apply, that had been agreed upon by the State agency and 
the area agency.


                    Effective Date of 1992 Amendment

    Amendment by section 306 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 306 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.


  Reference to Community, Migrant, Public Housing, or Homeless Health 
              Center Considered Reference to Health Center

    Reference to community health center, migrant health center, public 
housing health center, or homeless health center considered reference to 
health center, see section 4(c) of Pub. L. 104-299, set out as a note 
under section 254b of this title.


                       Implementation Information

    Section 155(g) of Pub. L. 100-175 directed Commissioner on Aging, 
not later than Sept. 1, 1988, to analyze and compile information on 
successful and unsuccessful activities carried out to conduct outreach 
of the type described in 42 U.S.C. 3026(a)(6)(P) and distribute such 
information to State agencies on aging for dissemination to interested 
area agencies on aging to assist such area agencies in designing 
outreach activities.


                        Evaluation of Guidelines

    Section 155(h) of Pub. L. 100-175 provided that: ``The Commissioner 
on Aging [now Assistant Secretary for Aging] shall issue guidelines to 
be followed by State agencies on aging and area agencies on aging in 
conducting evaluations of outreach activities carried out under section 
306(a)(6)(P), of the Older Americans Act of 1965 [subsec. (a)(6)(P) of 
this section], as added by subsection (e). Such guidelines shall be 
designed to ensure that such evaluations are based on uniform criteria 
that provide a basis for the valid comparison of such outreach 
activities conducted by the various area agencies.''

                  Section Referred to in Other Sections

    This section is referred to in sections 3012, 3018, 3023, 3024, 
3027, 3030i, 3058g of this title.
