
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 306]
[Document affected by Public Law 106-501 Section 801(c)(4)]
[CITE: 42USC3027]

 
                 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. 3027. State plans


(a) Criteria for eligibility; contents

    Except as provided in the succeeding sentence and section 3029(a) of 
this title, each State, in order to be eligible for grants from its 
allotment under this subchapter for any fiscal year, shall submit to the 
Assistant Secretary a State plan for a two-, three-, or four-year period 
determined by the State agency, with such annual revisions as are 
necessary, which meets such criteria as the Assistant Secretary may by 
regulation prescribe. If the Assistant Secretary determines, in the 
discretion of the Assistant Secretary, that a State failed in 2 
successive years to comply with the requirements under this subchapter, 
then the State shall submit to the Assistant Secretary a State plan for 
a 1-year period that meets such criteria, for subsequent years until the 
Assistant Secretary determines that the State is in compliance with such 
requirements. Each such plan shall comply with all of the following 
requirements:
        (1) The plan shall contain assurances that the State plan will 
    be based upon area plans developed by area agencies on aging within 
    the State designated under section 3025(a)(2)(A) of this title and 
    that the State will prepare and distribute a uniform format for use 
    by area agencies on aging in developing area plans under section 
    3026 of this title.
        (2) The plan shall provide that each area agency on aging 
    designated under section 3025(a)(2)(A) of this title will develop 
    and submit to the State agency for approval an area plan which 
    complies with the provisions of section 3026 of this title.
        (3)(A) The plan shall provide that the State agency will 
    evaluate the need for supportive services (including legal 
    assistance and transportation services), nutrition services, and 
    multipurpose senior centers within the State and determine the 
    extent to which existing public or private programs meet such need. 
    To conduct the evaluation, the State agency shall use the procedures 
    implemented under section 3012(a)(29) of this title.
        (B) The plan shall provide assurances that the State agency will 
    spend in each fiscal year, for services to older individuals 
    residing in rural areas in the State assisted under this subchapter, 
    an amount equal to not less than 105 percent of the amount expended 
    for such services (including amounts expended under subchapter V and 
    subchapter VII of this chapter) in fiscal year 1978.
        (4) The plan shall provide for the use of such methods of 
    administration (including methods relating to the establishment and 
    maintenance of personnel standards on a merit basis, except that the 
    Assistant Secretary shall exercise no authority with respect to the 
    selection, tenure of office, or compensation of any individual 
    employed in accordance with such methods) as are necessary for the 
    proper and efficient administration of the plan, and, where 
    necessary, provide for the reorganization and reassignment of 
    functions to assure such efficient administration.
        (5) The plan shall provide that the State agency will afford an 
    opportunity for a hearing upon request to any area agency on aging 
    submitting a plan under this subchapter, to any provider of a 
    service under such a plan, or to any applicant to provide a service 
    under such a plan. The State agency shall establish and publish 
    procedures for requesting and conducting such hearing.
        (6) The plan shall provide that the State agency will make such 
    reports, in such form, and containing such information, as the 
    Assistant Secretary may require, and comply with such requirements 
    as the Assistant Secretary may impose to insure the correctness of 
    such reports.
        (7)(A) The plan shall provide satisfactory assurance that such 
    fiscal control and fund accounting procedures will be adopted as may 
    be necessary to assure proper disbursement of, and accounting for, 
    Federal funds paid under this subchapter to the State, including any 
    such funds paid to the recipients of a grant or contract.
        (B) The plan shall provide assurances that--
            (i) no individual (appointed or otherwise) involved in the 
        designation of the State agency or an area agency on aging, or 
        in the designation of the head of any subdivision of the State 
        agency or of an area agency on aging, is subject to a conflict 
        of interest prohibited under this chapter;
            (ii) no officer, employee, or other representative of the 
        State agency or an area agency on aging is subject to a conflict 
        of interest prohibited under this chapter; and
            (iii) mechanisms are in place to identify and remove 
        conflicts of interest prohibited under this chapter.

        (C) The plan shall provide assurances that the State agency and 
    each area agency on aging will--
            (i) maintain the integrity and public purpose of services 
        provided, and service providers, under the State plan in all 
        contractual and commercial relationships;
            (ii) disclose to the Assistant Secretary--
                (I) the identity of each nongovernmental entity with 
            which the State agency or area agency on aging has a 
            contract or commercial relationship relating to providing 
            any service to older individuals; and
                (II) the nature of such contract or such relationship;

            (iii) 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;
            (iv) demonstrate that the quantity or quality of the 
        services to be provided under the State plan will be enhanced as 
        a result of such contract or such relationship; and
            (v) on the request of the Assistant Secretary, for the 
        purpose of monitoring compliance with this chapter (including 
        conducting an audit), disclose all sources and expenditures of 
        funds the State agency and area agency on aging receive or 
        expend to provide services to older individuals.

        (8) The plan shall provide that the State agency will conduct 
    periodic evaluations of, and public hearings on, activities and 
    projects carried out under the State plan, including an evaluation 
    of the effectiveness of the State agency in reaching older 
    individuals with greatest economic need and older individuals with 
    greatest social need, with particular attention to low-income 
    minority individuals. In conducting such evaluations and public 
    hearings, the State agency shall solicit the views and experiences 
    of entities that are knowledgeable about the needs and concerns of 
    low-income minority older individuals.
        (9) The plan shall provide for establishing and maintaining 
    information and assistance services in sufficient numbers to assure 
    that all older individuals in the State who are not furnished 
    adequate information and assistance services under section 
    3026(a)(4) of this title will have reasonably convenient access to 
    such services.
        (10) The plan shall provide that no supportive services, 
    nutrition services, or in-home services (as defined in section 3030i 
    of this title) will be directly provided by the State agency or an 
    area agency on aging, except where, in the judgment of the State 
    agency, provision of such services by the State agency or an area 
    agency on aging is necessary to assure an adequate supply of such 
    services, or where such services are directly related to such State 
    or area agency on aging's administrative functions, or where such 
    services of comparable quality can be provided more economically by 
    such State or area agency on aging.
        (11) The plan shall provide that subject to the requirements of 
    merit employment systems of State and local governments--
            (A) preference shall be given to older individuals; and
            (B) special consideration shall be given to individuals with 
        formal training in the field of aging (including an educational 
        specialty or emphasis in aging and a training degree or 
        certificate in aging) or equivalent professional experience in 
        the field of aging;

    for any staff positions (full time or part time) in State and area 
    agencies for which such individuals qualify.
        (12) The plan shall provide assurances that the State agency 
    will carry out, through the Office of the State Long-Term Care 
    Ombudsman, a State Long-Term Care Ombudsman program in accordance 
    with section 3058g of this title and this subchapter.
        (13) The plan shall provide with respect to nutrition services 
    that--
            (A) each project providing nutrition services will be 
        available to older individuals and to their spouses, and may be 
        made available to handicapped or disabled individuals who have 
        not attained 60 years of age but who reside in housing 
        facilities occupied primarily by older individuals at which 
        congregate nutrition services are provided;
            (B) primary consideration shall be given to the provision of 
        meals in a congregate setting, except that each area agency on 
        aging (i) may award funds made available under this subchapter 
        (other than under section 3023(b)(3) of this title) to 
        organizations for the provision of home delivered meals to older 
        individuals in accordance with the provisions of subpart II of 
        part C of this subchapter, based upon a determination of need 
        made by the recipient of a grant or contract entered into under 
        this subchapter, without requiring that such organizations also 
        provide meals to older individuals in a congregate setting; and 
        (ii) shall, in awarding such funds, select such organizations in 
        a manner which complies with the provisions of subparagraph (H);
            (C)(i) each project will permit recipients of grants or 
        contracts to solicit voluntary contributions for meals furnished 
        in accordance with guidelines established by the Assistant 
        Secretary, taking into consideration the income ranges of 
        eligible individuals in local communities and other sources of 
        income of the recipients of a grant or contract; and
            (ii) such voluntary contributions will be used to increase 
        the number of meals served by the project involved, to 
        facilitate access to such meals, and to provide other supportive 
        services directly related to nutrition services;
            (D) in the case of meals served in a congregate setting, a 
        site for such services and for comprehensive supportive services 
        is furnished in as close proximity to the majority of eligible 
        individuals' residences as feasible, with particular attention 
        upon a multipurpose senior center, a school, a church, or other 
        appropriate community facility, preferably within walking 
        distance where possible, and where appropriate, transportation 
        to such site is furnished;
            (E) each project will establish outreach activities which 
        assure that the maximum number of eligible individuals may have 
        an opportunity to participate;
            (F) each project will establish and administer the nutrition 
        project with the advice of dietitians (or individuals with 
        comparable expertise), persons competent in the field of service 
        in which the nutrition project is being provided, older 
        individuals who will participate in the program, and of persons 
        who are knowledgeable with regard to the needs of older 
        individuals;
            (G) each project will provide special menus, where feasible 
        and appropriate, to meet the particular dietary needs arising 
        from the health requirements, religious requirements, or ethnic 
        backgrounds of eligible individuals;
            (H) each area agency on aging will give consideration, where 
        feasible, in the furnishing of home delivered meals to the use 
        of organizations which (i) have demonstrated an ability to 
        provide home delivered meals efficiently and reasonably; and 
        (ii) furnish assurances to the area agency on aging that such an 
        organization will maintain efforts to solicit voluntary support 
        and that funds made available under this subchapter to the 
        organization will not be used to supplant funds from non-Federal 
        sources;
            (I) each area agency on aging shall establish procedures 
        that will allow nutrition project administrators the option to 
        offer a meal, on the same basis as meals are provided to 
        participating older individuals, to individuals providing 
        volunteer services during the meal hours, and to individuals 
        with disabilities who reside at home with and accompany older 
        individuals who are eligible under this chapter;
            (J) each nutrition project shall provide nutrition education 
        on at least a semiannual basis to participants in programs 
        described in part C of this subchapter;
            (K) each project shall comply with applicable provisions of 
        State or local laws regarding the safe and sanitary handling of 
        food, equipment, and supplies used in the storage, preparation, 
        service, and delivery of meals to an older individual;
            (L) the State agency will monitor, coordinate, and assist in 
        the planning of nutritional services, with the advice of a 
        dietitian or an individual with comparable expertise; and
            (M) the State agency will--
                (i) develop nonfinancial criteria for eligibility to 
            receive nutrition services under section 3030f of this 
            title; and
                (ii) periodically evaluate recipients of such services 
            to determine whether they continue to meet such criteria.

        (14) The plan shall provide, with respect to the acquisition (in 
    fee simple or by lease for 10 years or more), alteration, or 
    renovation of existing facilities (or the construction of new 
    facilities in any area in which there are no suitable structures 
    available, as determined by the State agency, after full 
    consideration of the recommendations made by area agencies on aging, 
    to be a focal point for the delivery of services assisted under this 
    subchapter) to serve as multipurpose senior centers, that--
            (A) the plan contains or is supported by reasonable 
        assurances that (i) for not less than 10 years after 
        acquisition, or not less than 20 years after the completion of 
        construction, the facility will be used for the purpose for 
        which it is to be acquired or constructed, unless for unusual 
        circumstances the Assistant Secretary waives the requirement of 
        this division; (ii) sufficient funds will be available to meet 
        the non-Federal share of the cost of acquisition or construction 
        of the facility; (iii) sufficient funds will be available when 
        acquisition or construction is completed, for effective use of 
        the facility for the purpose for which it is being acquired or 
        constructed; and (iv) the facility will not be used and is not 
        intended to be used for sectarian instruction or as a place for 
        religious worship;
            (B) the plan contains or is supported by reasonable 
        assurances that, in the case of purchase or construction, there 
        are no existing facilities in the community suitable for leasing 
        as a multipurpose senior center;
            (C) the plans and specifications for the facility are in 
        accordance with regulations relating to minimum standards of 
        construction, promulgated with particular emphasis on securing 
        compliance with the requirements of the Act of August 12, 1968, 
        commonly known as the Architectural Barriers Act of 1968 [42 
        U.S.C. 4151 et seq.];
            (D) the plan contains or is supported by adequate assurance 
        that any laborer or mechanic employed by any contractor or 
        subcontractor in the performance of work on the facility will be 
        paid wages at rates not less than those prevailing for similar 
        work in the locality as determined by the Secretary of Labor in 
        accordance with the Act of March 3, 1931 (40 U.S.C. 276a--276a-
        5; commonly known as the Davis-Bacon Act), and the Secretary of 
        Labor shall have, with respect to the labor standards specified 
        in this subparagraph, the authority and functions set forth in 
        reorganization plan numbered 14 of 1950 (15 F.R. 3176; 64 Stat. 
        1267), and section 276c of title 40; and
            (E) the plan contains assurances that the State agency will 
        consult with the Secretary of Housing and Urban Development with 
        respect to the technical adequacy of any proposed alteration or 
        renovation.

        (15) The plan shall provide that with respect to legal 
    assistance--
            (A) the plan contains assurances that area agencies on aging 
        will (i) enter into contracts with providers of legal assistance 
        which can demonstrate the experience or capacity to deliver 
        legal assistance; (ii) include in any such contract provisions 
        to assure that any recipient of funds under division (i) will be 
        subject to specific restrictions and regulations promulgated 
        under the Legal Services Corporation Act [42 U.S.C. 2996 et 
        seq.] (other than restrictions and regulations governing 
        eligibility for legal assistance under such Act and governing 
        membership of local governing boards) as determined appropriate 
        by the Assistant Secretary; and (iii) attempt to involve the 
        private bar in legal assistance activities authorized under this 
        subchapter, including groups within the private bar furnishing 
        services to older individuals on a pro bono and reduced fee 
        basis;
            (B) the plan contains assurances that no legal assistance 
        will be furnished unless the grantee administers a program 
        designed to provide legal assistance to older individuals with 
        social or economic need and has agreed, if the grantee is not a 
        Legal Services Corporation project grantee, to coordinate its 
        services with existing Legal Services Corporation projects in 
        the planning and service area in order to concentrate the use of 
        funds provided under this subchapter on individuals with the 
        greatest such need; and the area agency on aging makes a 
        finding, after assessment, pursuant to standards for service 
        promulgated by the Assistant Secretary, that any grantee 
        selected is the entity best able to provide the particular 
        services;
            (C) the State agency will provide for the coordination of 
        the furnishing of legal services to older individuals within the 
        State, and provide advice and technical assistance in the 
        provision of legal services to older individuals within the 
        State and support the furnishing of training and technical 
        assistance for legal services for older individuals;
            (D) the plan contains assurances, to the extent practicable, 
        that legal services furnished under the plan will be in addition 
        to any legal services for older individuals being furnished with 
        funds from sources other than this chapter and that reasonable 
        efforts will be made to maintain existing levels of legal 
        services for older individuals; and
            (E) the plan contains assurances that area agencies on aging 
        will give priority to legal assistance related to income, health 
        care, long-term care, nutrition, housing, utilities, protective 
        services, defense of guardianship, abuse, neglect, and age 
        discrimination.

        (16) The plan shall provide, whenever the State desires to 
    provide for a fiscal year for services for the prevention of abuse 
    of older individuals--
            (A) the plan contains assurances that any area agency on 
        aging carrying out such services will conduct a program 
        consistent with relevant State law and coordinated with existing 
        State adult protective service activities for--
                (i) public education to identify and prevent abuse of 
            older individuals;
                (ii) receipt of reports of abuse of older individuals;
                (iii) active participation of older individuals 
            participating in programs under this chapter through 
            outreach, conferences, and referral of such individuals to 
            other social service agencies or sources of assistance where 
            appropriate and consented to by the parties to be referred; 
            and
                (iv) referral of complaints to law enforcement or public 
            protective service agencies where appropriate;

            (B) the State will not permit involuntary or coerced 
        participation in the program of services described in this 
        paragraph by alleged victims, abusers, or their households; and
            (C) all information gathered in the course of receiving 
        reports and making referrals shall remain confidential unless 
        all parties to the complaint consent in writing to the release 
        of such information, except that such information may be 
        released to a law enforcement or public protective service 
        agency.

        (17) The plan shall provide assurances that each State will 
    provide inservice training opportunities for personnel of agencies 
    and programs funded under this chapter.
        (18) The plan shall provide assurances that each State will 
    assign personnel (one of whom shall be known as a legal assistance 
    developer) to provide State leadership in developing legal 
    assistance programs for older individuals throughout the State.
        (19) The plan shall provide, with respect to education and 
    training services, assurances that area agencies on aging may enter 
    into grants and contracts with providers of education and training 
    services which can demonstrate the experience or capacity to provide 
    such services (except that such contract authority shall be 
    effective for any fiscal year only to such extent, or in such 
    amounts, as are provided in appropriations Acts).
        (20) The plan shall provide assurances that, if a substantial 
    number of the older individuals residing in any planning and service 
    area in the State are of limited English-speaking ability, then the 
    State will require the area agency on aging for each such planning 
    and service area--
            (A) to utilize, in the delivery of outreach services under 
        section 3026(a)(2)(A) of this title, the services of workers who 
        are fluent in the language spoken by a predominant number of 
        such older individuals who are of limited English-speaking 
        ability; and
            (B) to designate an individual employed by the area agency 
        on aging, or available to such area agency on aging on a full-
        time basis, whose responsibilities will include--
                (i) taking such action as may be appropriate to assure 
            that counseling assistance is made available to such older 
            individuals who are of limited English-speaking ability in 
            order to assist such older individuals in participating in 
            programs and receiving assistance under this chapter; and
                (ii) providing guidance to individuals engaged in the 
            delivery of supportive services under the area plan involved 
            to enable such individuals to be aware of cultural 
            sensitivities and to take into account effectively 
            linguistic and cultural differences.

        (21) The plan shall provide assurances that the State agency, in 
    carrying out the State Long-Term Care Ombudsman program under 
    subsection (a)(12) of this section, will expend not less than the 
    total amount expended by the agency in fiscal year 1991 in carrying 
    out such a program under this subchapter.
        (22) The plan shall specify a minimum percentage of the funds 
    received by each area agency on aging for part B of this subchapter 
    that will be expended, in the absence of the waiver granted under 
    section 3026(b)(1) of this title, by such area agency on aging to 
    provide each of the categories of services specified in section 
    3026(a)(2) of this title.
        (23) The plan shall, with respect to the fiscal year preceding 
    the fiscal year for which such plan is prepared--
            (A) identify the number of low-income minority older 
        individuals in the State; and
            (B) describe the methods used to satisfy the service needs 
        of such minority older individuals.

        (24) The plan shall provide assurances that the State agency 
    will require outreach efforts that will--
            (A) 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

            (B) inform the older individuals referred to in clauses (i) 
        through (vi) of subparagraph (A), and the caretakers of such 
        individuals, of the availability of such assistance.

        (25) The plan shall provide, with respect to the needs of older 
    individuals with severe disabilities, assurances that the State will 
    coordinate planning, identification, assessment of needs, and 
    service for older individuals with disabilities with particular 
    attention to individuals with severe disabilities with the State 
    agencies with primary responsibility for individuals with 
    disabilities, including severe disabilities, and develop 
    collaborative programs, where appropriate, to meet the needs of 
    older individuals with disabilities.
        (26) The plan shall provide assurances that area agencies on 
    aging will conduct efforts to facilitate the coordination of 
    community-based, long-term care services, pursuant to section 
    3026(a)(6)(I) of this title, for older individuals who--
            (A) reside at home and are at risk of institutionalization 
        because of limitations on their ability to function 
        independently;
            (B) are patients in hospitals and are at risk of prolonged 
        institutionalization; or
            (C) are patients in long-term care facilities, but who can 
        return to their homes if community-based services are provided 
        to them.

        (27) The plan shall provide assurances of consultation and 
    coordination in planning and provision of in-home services under 
    section 3030h of this title with State and local agencies and 
    private nonprofit organizations which administer and provide 
    services relating to health, social services, rehabilitation, and 
    mental health services.
        (28) The plan shall provide assurances that if the State 
    receives funds appropriated under section 3023(e) of this title, the 
    State agency and area agencies on aging will expend such funds to 
    carry out part E of this subchapter.
        (29) The plan shall, with respect to the fiscal year preceding 
    the fiscal year for which such plan is prepared, describe the 
    methods used to satisfy the service needs of older individuals who 
    reside in rural areas.
        (30) The plan shall include the assurances and description 
    required by section 3058d(a) of this title.
        (31)(A) If 50 percent or more of the area plans in the State 
    provide for an area volunteer services coordinator, as described in 
    section 3026(a)(12) of this title, the State plan shall provide for 
    a State volunteer services coordinator, who shall--
            (i) encourage area agencies on aging to provide for area 
        volunteer services coordinators;
            (ii) coordinate the volunteer services offered between the 
        various area agencies on aging;
            (iii) encourage, organize, and promote the use of older 
        individuals as volunteers to the State;
            (iv) provide technical assistance, which may include 
        training, to area volunteer services coordinators; and
            (v) promote the recognition of the contribution made by 
        volunteers to the programs administered under the State plan.

        (B) If fewer than 50 percent of the area plans in the State 
    provide for an area volunteer services coordinator, the State plan 
    may provide for the State volunteer services coordinator described 
    in subparagraph (A).
        (32) The plan shall provide assurances that special efforts will 
    be made to provide technical assistance to minority providers of 
    services.
        (33) The plan--
            (A) shall include the statement and the demonstration 
        required by paragraphs (2) and (4) of section 3025(d) of this 
        title; and
            (B) may not be approved unless the Assistant Secretary 
        approves such statement and such demonstration.

        (34) The plan shall provide an assurance that the State agency 
    will coordinate programs under this subchapter and subchapter X of 
    this chapter, if applicable.
        (35) The plan shall--
            (A) provide an assurance that the State agency 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 State agency intends to 
        implement the activities.

        (36) If case management services are offered to provide access 
    to supportive services, the plan shall provide that the State agency 
    shall ensure compliance with the requirements specified in section 
    3026(a)(20) of this title.
        (37) The plan shall identify for each fiscal year, the actual 
    and projected additional costs of providing services under this 
    subchapter, including the cost of providing access to such services, 
    to older individuals residing in rural areas in the State (in 
    accordance with a standard definition of rural areas specified by 
    the Assistant Secretary).
        (38) The plan shall 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 State or an area 
    agency on aging to carry out a contract or commercial relationship 
    that is not carried out to implement this subchapter.
        (39) The plan shall 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.
        (40) The plan shall provide assurances that if the State 
    receives funds appropriated under section 3023(g) of this title the 
    State agency and area agencies on aging will expend such funds to 
    carry out part G of this subchapter.
        (41) The plan shall provide assurances that demonstrable efforts 
    will be made--
            (A) to coordinate services provided under this chapter with 
        other State services that benefit older individuals; and
            (B) to provide multigenerational activities, such as 
        opportunities for older individuals to serve as mentors or 
        advisers in child care, youth day care, educational assistance, 
        at-risk youth intervention, juvenile delinquency treatment, and 
        family support programs.

        (42) The plan shall provide assurances that the State will 
    coordinate public services within the State to assist older 
    individuals to obtain transportation services associated with access 
    to services provided under this subchapter, to services under 
    subchapter X of this chapter, to comprehensive counseling services, 
    and to legal assistance.
        (43) The plan shall provide that the State agency shall issue 
    guidelines applicable to grievance procedures required by section 
    3026(a)(6)(P) of this title.
        (44) The plan shall include assurances that the State has in 
    effect a mechanism to provide for quality in the provision of in-
    home services under this subchapter.

(b) Approval by Assistant Secretary; waiver of requirements

    (1) The Assistant Secretary shall approve any State plan which the 
Assistant Secretary finds fulfills the requirements of subsection (a) of 
this section, except the Assistant Secretary may not approve such plan 
unless the Assistant Secretary determines that the formula submitted 
under section 3025(a)(2)(D) of this title complies with the guidelines 
in effect under section 3025(a)(2)(C) of this title.
    (2) The Assistant Secretary, in approving any State plan under this 
section, may waive the requirement described in paragraph (3)(B) of 
subsection (a) of this section if the State agency demonstrates to the 
Assistant Secretary that the service needs of older individuals residing 
in rural areas in the State are being met, or that the number of older 
individuals residing in such rural areas is not sufficient to require 
the State agency to comply with such requirement.

(c) Notice and hearing prior to disapproval

    (1) The Assistant Secretary shall not make a final determination 
disapproving any State plan, or any modification thereof, or make a 
final determination that a State is ineligible under section 3025 of 
this title, without first affording the State reasonable notice and 
opportunity for a hearing.
    (2) Not later than 30 days after such final determination, a State 
dissatisfied with such final determination may appeal such final 
determination to the Secretary for review. If the State timely appeals 
such final determination in accordance with subsection (e)(1) of this 
section, the Secretary shall dismiss the appeal filed under this 
paragraph.
    (3) If the State is dissatisfied with the decision of the Secretary 
after review under paragraph (2), the State may appeal such decision not 
later than 30 days after such decision and in the manner described in 
subsection (e) of this section. For purposes of appellate review under 
the preceding sentence, a reference in subsection (e) of this section to 
the Assistant Secretary shall be deemed to be a reference to the 
Secretary.

(d) Discontinuance of payments; disbursement of withheld funds to 
        agencies with approved plans; matching funds

    Whenever the Assistant Secretary, after reasonable notice and 
opportunity for a hearing to the State agency, finds that--
        (1) the State is not eligible under section 3025 of this title,
        (2) the State plan has been so changed that it no longer 
    complies substantially with the provisions of subsection (a) of this 
    section, or
        (3) in the administration of the plan there is a failure to 
    comply substantially with any such provision of subsection (a) of 
    this section,

the Assistant Secretary shall notify such State agency that no further 
payments from its allotments under section 3024 of this title and 
section 3028 of this title will be made to the State (or, in the 
Assistant Secretary's discretion, that further payments to the State 
will be limited to projects under or portions of the State plan not 
affected by such failure), until the Assistant Secretary is satisfied 
that there will no longer be any failure to comply. Until the Assistant 
Secretary is so satisfied, no further payments shall be made to such 
State from its allotments under section 3024 of this title and section 
3028 of this title (or payments shall be limited to projects under or 
portions of the State plan not affected by such failure). The Assistant 
Secretary shall, in accordance with regulations the Assistant Secretary 
shall prescribe, disburse the funds so withheld directly to any public 
or nonprofit private organization or agency or political subdivision of 
such State submitting an approved plan in accordance with the provisions 
of this section. Any such payment shall be matched in the proportions 
specified in section 3024 of this title.

(e) Appeal

    (1) A State which is dissatisfied with a final action of the 
Assistant Secretary under subsection (b), (c), or (d) of this section 
may appeal to the United States court of appeals for the circuit in 
which the State is located, by filing a petition with such court within 
30 days after such final action. A copy of the petition shall be 
forthwith transmitted by the clerk of the court to the Assistant 
Secretary, or any officer designated by the Assistant Secretary for such 
purpose. The Assistant Secretary thereupon shall file in the court the 
record of the proceedings on which the Assistant Secretary's action is 
based, as provided in section 2112 of title 28.
    (2) Upon the filing of such petition, the court shall have 
jurisdiction to affirm the action of the Assistant Secretary or to set 
it aside, in whole or in part, temporarily or permanently, but until the 
filing of the record, the Assistant Secretary may modify or set aside 
the Assistant Secretary's order. The findings of the Assistant Secretary 
as to the facts, if supported by substantial evidence, shall be 
conclusive, but the court, for good cause shown, may remand the case to 
the Assistant Secretary to take further evidence, and the Assistant 
Secretary shall, within 30 days, file in the court the record of those 
further proceedings. Such new or modified findings of fact shall 
likewise be conclusive if supported by substantial evidence. The 
judgment of the court affirming or setting aside, in whole or in part, 
any action of the Assistant Secretary shall be final, subject to review 
by the Supreme Court of the United States upon certiorari or 
certification as provided in section 1254 of title 28.
    (3) The commencement of proceedings under this subsection shall not, 
unless so specifically ordered by the court, operate as a stay of the 
Assistant Secretary's action.

(f) Confidentiality of information relating to legal assistance; 
        protection of commercial information

    (1) Neither a State, nor a State agency, may require any provider of 
legal assistance under this subchapter to reveal any information that is 
protected by the attorney-client privilege.
    (2) Information disclosed under section 3026(a)(14)(B)(i) of this 
title or subsection (a)(7)(C)(ii)(I) of this section may be disclosed to 
the public by the State agency or the State only if such information 
could be disclosed under section 552 of title 5 by an agency of the 
United States.

(Pub. L. 89-73, title III, Sec. 307, as added Pub. L. 95-478, title I, 
Sec. 103(b), Oct. 18, 1978, 92 Stat. 1524; amended Pub. L. 97-115, 
Secs. 3(d), 7, Dec. 29, 1981, 95 Stat. 1597, 1598; Pub. L. 98-459, title 
III, Sec. 307, Oct. 9, 1984, 98 Stat. 1775; Pub. L. 100-175, title I, 
Secs. 128, 129(d), (e), 130(b), 131(b), 132(c), 136(c), 137(b), 138, 
140(c), 141(c), 142, 144(d), 155(e)(2), 182(k), Nov. 29, 1987, 101 Stat. 
934, 935, 938-940, 943, 944, 946, 947, 949, 953, 965; Pub. L. 100-628, 
title VII, Sec. 705(6), Nov. 7, 1988, 102 Stat. 3247; Pub. L. 102-375, 
title I, Sec. 102(b)(4), (5), (10)(A), (C), (E), (F), title III, 
Sec. 307, title VII, Sec. 708(c)(4), title IX, Sec. 904(a)(13), Sept. 
30, 1992, 106 Stat. 1201, 1202, 1228, 1293, 1308; Pub. L. 103-171, 
Secs. 2(9), 3(a)(5), Dec. 2, 1993, 107 Stat. 1988, 1990.)

                       References in Text

    Subchapter V and subchapter VII of this chapter, referred to in 
subsec. (a)(3)(B), were repealed by Pub. L. 95-478, title V, 
Sec. 501(a), Oct. 18, 1978, 92 Stat. 1558.
    Act of August 12, 1968, commonly known as the Architectural Barriers 
Act of 1968, referred to in subsec. (a)(14)(C), is Pub. L. 90-480, Aug. 
12, 1968, 82 Stat. 718, as amended, which is classified generally to 
chapter 51 (Sec. 4151 et seq.) of this title. For complete 
classification of this Act to the Code, see Short Title note set out 
under section 4151 of this title and Tables.
    Act of March 3, 1931 (40 U.S.C. 276a--276a-5; commonly known as the 
Davis-Bacon Act), referred to in subsec. (a)(14)(D), is act Mar. 3, 
1931, ch. 411, 46 Stat. 1494, as amended, which is classified generally 
to sections 276a to 276a-5 of Title 40, Public Buildings, Property, and 
Works. For complete classification of this Act to the Code, see Short 
Title note set out under section 276a of Title 40 and Tables.
    Reorganization plan numbered 14 of 1950 (15 F.R. 3176; 64 Stat. 
1267), referred to in subsec. (a)(14)(D), is set out in the Appendix to 
Title 5, Government Organization and Employees.
    The Legal Services Corporation Act, referred to in subsec. 
(a)(15)(A), is title X of Pub. L. 88-452, as added by Pub. L. 93-355, 
Sec. 2, July 25, 1974, 88 Stat. 378, as amended, which is classified 
generally to subchapter X (Sec. 2996 et seq.) of chapter 34 of this 
title. For complete classification of this Act to the Code, see Short 
Title note set out under section 2996 of this title and Tables.


                            Prior Provisions

    A prior section 3027, Pub. L. 89-73, title III, Sec. 307, as added 
Pub. L. 93-29, title III, Sec. 301, May 3, 1973, 87 Stat. 44, related to 
payment of grants or contracts, prior to the general amendment of this 
subchapter by Pub. L. 95-478. See section 3029 of this title.
    Provisions similar to those comprising this section were contained 
in 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, which was 
classified to section 3025 of this title prior to repeal by Pub. L. 95-
478.


                               Amendments

    1993--Pub. L. 103-171, Sec. 3(a)(5)(B), substituted ``Assistant 
Secretary'' for ``Commissioner'' wherever appearing.
    Subsec. (a)(8). Pub. L. 103-171, Sec. 2(9)(A)(i), substituted 
``knowledgeable'' for ``knowledgable''.
    Subsec. (a)(24). Pub. L. 103-171, Sec. 2(9)(A)(ii), substituted 
period for semicolon at end.
    Subsec. (b)(2). Pub. L. 103-171, Sec. 2(9)(B), substituted ``such 
requirement'' for ``the requirement described in clause (3)(B) of 
subsection (a) of this section''.
    Subsecs. (d), (e). Pub. L. 103-171, Sec. 3(a)(5)(A), substituted 
``Assistant Secretary's'' for ``Commissioner's'' wherever appearing.
    1992--Subsec. (a). Pub. L. 102-375, Sec. 307(a)(1), (2), inserted 
``the succeeding sentence and'' after ``provided in'' in first sentence 
and inserted after first sentence ``If the Commissioner determines, in 
the discretion of the Commissioner, that a State failed in 2 successive 
years to comply with the requirements under this subchapter, then the 
State shall submit to the Commissioner a State plan for a 1-year period 
that meets such criteria, for subsequent years until the Commissioner 
determines that the State is in compliance with such requirements.'' 
before ``Each such plan shall comply''.
    Subsec. (a)(1). Pub. L. 102-375, Sec. 102(b)(10)(F), substituted 
``agencies on aging in'' for ``agencies in''.
    Subsec. (a)(3)(A). Pub. L. 102-375, Sec. 307(a)(3), inserted ``and 
transportation services'' after ``legal assistance'' and inserted at end 
``To conduct the evaluation, the State agency shall use the procedures 
implemented under section 3012(a)(29) of this title.''
    Subsec. (a)(5). Pub. L. 102-375, Sec. 307(b), inserted at end ``The 
State agency shall establish and publish procedures for requesting and 
conducting such hearing.''
    Subsec. (a)(7). Pub. L. 102-375, Sec. 307(c), designated existing 
provisions as subpar. (A) and added subpars. (B) and (C).
    Subsec. (a)(8). Pub. L. 102-375, Sec. 904(a)(13)(A)(i), substituted 
``greatest economic need and older individuals with greatest social 
need'' for ``the greatest economic or social needs''.
    Pub. L. 102-375, Sec. 307(d), inserted at end ``In conducting such 
evaluations and public hearings, the State agency shall solicit the 
views and experiences of entities that are knowledgable about the needs 
and concerns of low-income minority older individuals.''
    Subsec. (a)(9). Pub. L. 102-375, Sec. 102(b)(4), substituted 
``information and assistance'' for ``information and referral'' in two 
places.
    Subsec. (a)(10). Pub. L. 102-375, Sec. 102(b)(5), substituted 
``section 3030i of this title'' for ``section 3030i(1) of this title''.
    Subsec. (a)(11). Pub. L. 102-375, Sec. 307(e), substituted 
``governments--'' for ``governments, preference shall be given to 
individuals aged 60 or older'' and added subpars. (A) and (B).
    Subsec. (a)(12). Pub. L. 102-375, Sec. 307(f), amended par. (12) 
generally, substituting provisions requiring the plan to provide 
assurances that a State Long-Term Care Ombudsman program be carried out 
in accordance with section 3058g of this title for provisions setting 
out, in subpars. (A) to (K), the assurances required to be provided by 
the plan with respect to such a program.
    Subsec. (a)(13)(A). Pub. L. 102-375, Sec. 904(a)(13)(A)(ii)(I), 
(II), substituted ``to older individuals'' for ``to individuals aged 60 
or older'' and ``by older individuals'' for ``by the elderly''.
    Subsec. (a)(13)(B). Pub. L. 102-375, Sec. 904(a)(13)(A)(ii)(III), 
substituted ``subparagraph'' for ``subclause''.
    Pub. L. 102-375, Sec. 307(g)(1), inserted ``(other than under 
section 3023(b)(3) of this title)'' after ``available under this 
subchapter''.
    Pub. L. 102-375, Sec. 102(b)(10)(C), substituted ``area agency on 
aging'' for ``area agency''.
    Subsec. (a)(13)(F). Pub. L. 102-375, Sec. 307(g)(2), inserted 
``dietitians (or individuals with comparable experience),'' after 
``advice of'' and substituted ``project will'' for ``project may''.
    Subsec. (a)(13)(H). Pub. L. 102-375, Sec. 307(g)(3), struck out 
``and'' at end.
    Pub. L. 102-375, Sec. 102(b)(10)(E), substituted ``area agency on 
aging'' for ``area agency'' in two places.
    Subsec. (a)(13)(I). Pub. L. 102-375, Sec. 904(a)(13)(A)(ii)(IV), 
substituted ``participating older individuals'' for ``elderly 
participants''.
    Pub. L. 102-375, Sec. 307(g)(4), substituted semicolon for period at 
end.
    Pub. L. 102-375, Sec. 102(b)(10)(C), substituted ``area agency on 
aging'' for ``area agency''.
    Subsec. (a)(13)(J) to (M). Pub. L. 102-375, Sec. 307(g)(5), added 
subpars. (J) to (M).
    Subsec. (a)(14). Pub. L. 102-375, Sec. 102(b)(10)(A), substituted 
``area agencies on aging'' for ``area agencies''.
    Subsec. (a)(14)(D). Pub. L. 102-375, Sec. 904(a)(13)(A)(iii), 
substituted ``subparagraph'' for ``clause''.
    Subsec. (a)(15)(B). Pub. L. 102-375, Sec. 102(b)(10)(C), substituted 
``area agency on aging'' for ``area agency''.
    Subsec. (a)(15)(E). Pub. L. 102-375, Sec. 307(h), added subpar. (E).
    Subsec. (a)(16). Pub. L. 102-375, Sec. 307(i), substituted ``shall 
provide,'' for ``shall provide that'' and ``provide for a'' for ``, if 
funds are not appropriated under section 3023(g) of this title for a 
fiscal year, provide that for such''.
    Subsec. (a)(16)(B). Pub. L. 102-375, Sec. 904(a)(13)(A)(iv), 
substituted ``paragraph'' for ``clause''.
    Subsec. (a)(18). Pub. L. 102-375, Sec. 307(j), inserted ``(one of 
whom shall be known as a legal assistance developer)'' after 
``personnel''.
    Subsec. (a)(20)(A). Pub. L. 102-375, Sec. 708(c)(4), substituted 
``section 3026(a)(2)(A) of this title'' for ``sections 3026(a)(2)(A) and 
3026(a)(6)(P) of this title''.
    Subsec. (a)(21). Pub. L. 102-375, Sec. 307(k), amended par. (21) 
generally. Prior to amendment, par. (21) read as follows: ``The State 
plan shall provide that the State agency, from funds allotted under 
section 3024(a) of this title for part B of this subchapter and for 
paragraph (12) (relating to the State long-term care ombudsman) shall 
expend to carry out paragraph (12), for each fiscal year in which the 
allotment for part B of this subchapter for the State is not less than 
the allotment for fiscal year 1987 for part B of this subchapter for 
such State, an amount which is not less than the amount expended from 
funds received under this chapter by such State in fiscal year 1987 to 
carry out paragraph (12) as in effect before the effective date of the 
Older Americans Act Amendments of 1987. This paragraph shall not apply 
to American Samoa, Guam, the Virgin Islands, the Trust Territory of the 
Pacific Islands, and the Commonwealth of the Northern Mariana Islands.''
    Subsec. (a)(22). Pub. L. 102-375, Sec. 102(b)(10)(E), substituted 
``area agency on aging'' for ``area agency'' in two places.
    Subsec. (a)(24). Pub. L. 102-375, Sec. 307(l), amended par. (24) 
generally. Prior to amendment, par. (24) read as follows: ``The plan 
shall provide assurances that the State agency will require outreach 
efforts that will--
        ``(A) identify older individuals who are eligible for assistance 
    under this subchapter, with special emphasis on older individuals 
    with greatest economic need (with particular attention to low-income 
    minority individuals), older individuals with greatest social need 
    (with particular attention to low-income minority individuals), and 
    older individuals who reside in rural areas; and
        ``(B) inform such individuals of the availability of such 
    assistance.''
    Subsec. (a)(30). Pub. L. 102-375, Sec. 307(m), amended par. (30) 
generally. Prior to amendment, par. (30) read as follows: ``The plan 
shall provide assurances that if the State receives funds appropriated 
under section 3023(g) of this title, the State agency and area agencies 
on aging will expend such funds to carry out part G of this 
subchapter.''
    Subsec. (a)(31). Pub. L. 102-375, Sec. 307(n), amended par. (31) 
generally, substituting provisions relating to an area or State 
volunteer services coordinator for provisions that State agency make 
funds available to eligible area agencies on aging based on number of 
older individuals with greatest economic need and inadequacy of outreach 
activities and application assistance, that State agency require area 
agency to submit application describing and evaluating activities for 
which funds were sought, that State agency distribute to area agencies 
certain eligibility information, and that State agency submit to 
Commissioner a report on evaluations required to be submitted to it by 
area agencies.
    Subsec. (a)(32) to (44). Pub. L. 102-375, Sec. 307(n), added pars. 
(32) to (44).
    Subsec. (b)(1). Pub. L. 102-375, Sec. 307(o), inserted before period 
at end ``, except the Commissioner may not approve such plan unless the 
Commissioner determines that the formula submitted under section 
3025(a)(2)(D) of this title complies with the guidelines in effect under 
section 3025(a)(2)(C) of this title''.
    Subsec. (b)(2). Pub. L. 102-375, Sec. 904(a)(13)(B), substituted 
``described in paragraph'' for ``described in clause''.
    Subsec. (c). Pub. L. 102-375, Sec. 307(p), designated existing 
provisions as par. (1) and added pars. (2) and (3).
    Subsec. (f). Pub. L. 102-375, Sec. 307(q), (r), redesignated subsec. 
(g) as subsec. (f)(1), added subsec. (f)(2), and struck out former 
subsec. (f) which related to demonstration projects for health and 
nutrition education.
    Subsec. (g). Pub. L. 102-375, Sec. 307(r)(1), redesignated subsec. 
(g) as subsec. (f)(1).
    1988--Subsec. (a)(3)(A). Pub. L. 100-628 substituted a period for 
``; and'' at end.
    1987--Subsec. (a). Pub. L. 100-175, Sec. 182(k)(1), substituted 
``Each such plan shall comply with all of the following requirements:'' 
for ``Each such plan shall--''.
    Subsec. (a)(1), (2). Pub. L. 100-175, Sec. 182(k)(2), (3), inserted 
``The plan shall'' and substituted a period for semicolon.
    Subsec. (a)(3)(A). Pub. L. 100-175, Sec. 182(k)(4)(A), inserted 
``The plan shall''.
    Subsec. (a)(3)(B), (4) to (7). Pub. L. 100-175, Sec. 182(k)(4)(B), 
(5)-(8), inserted ``The plan shall'' and substituted a period for 
semicolon.
    Subsec. (a)(8). Pub. L. 100-175, Sec. 182(k)(9), inserted ``The plan 
shall'' and substituted a period for semicolon.
    Pub. L. 100-175, Sec. 132(c)(1), inserted ``, including an 
evaluation of the effectiveness of the State agency in reaching older 
individuals with the greatest economic or social needs, with particular 
attention to low-income minority individuals'' before semicolon.
    Pub. L. 100-175, Sec. 128, inserted ``, and public hearings on,'' 
after ``evaluations of''.
    Subsec. (a)(9). Pub. L. 100-175, Sec. 182(k)(10), inserted ``The 
plan shall'' and substituted a period for semicolon.
    Subsec. (a)(10). Pub. L. 100-175, Sec. 182(k)(11), inserted ``The 
plan shall'' and substituted a period for semicolon.
    Pub. L. 100-175, Sec. 140(c)(1), which directed that par. (10) be 
amended by substituting ``nutrition services, or in-home services (as 
defined in section 3030i(1) of this title)'' for ``including nutrition 
services,'', was executed by making the substitution for ``or nutrition 
services,'' to reflect the probable intent of Congress and a previous 
amendment made by Pub. L. 98-459, Sec. 307(a)(2). See 1984 Amendment 
note below.
    Subsec. (a)(11). Pub. L. 100-175, Sec. 182(k)(12), inserted ``The 
plan shall'' and substituted a period for semicolon.
    Subsec. (a)(12). Pub. L. 100-175, Sec. 129(d), amended par. (12) 
generally, revising and restating as subpars. (A) to (K) provisions of 
former subpars. (A) to (E).
    Subsec. (a)(13). Pub. L. 100-175, Sec. 182(k)(13), inserted ``The 
plan shall'', and in subpar. (I) substituted a period for semicolon.
    Subsec. (a)(13)(I). Pub. L. 100-175, Sec. 136(c)(1), inserted ``, 
and to individuals with disabilities who reside at home with and 
accompany older individuals who are eligible under this chapter'' before 
semicolon.
    Subsec. (a)(14). Pub. L. 100-175, Sec. 182(k)(14), inserted ``The 
plan shall'', and in subpar. (E) substituted a period for semicolon.
    Subsec. (a)(15). Pub. L. 100-175, Sec. 182(k)(15), inserted ``The 
plan shall'', and in subpar. (D) substituted a period for semicolon.
    Subsec. (a)(16). Pub. L. 100-175, Sec. 182(k)(16), inserted ``The 
plan shall'', and in subpar. (C) substituted a period for semicolon.
    Pub. L. 100-175, Sec. 144(d)(1), substituted ``, if funds are not 
appropriated under section 3023(g) of this title for a fiscal year, 
provide that for such fiscal year'' for second reference to ``provide''.
    Subsec. (a)(17) to (19). Pub. L. 100-175, Sec. 182(k)(17)-(19), 
inserted ``The plan shall'' and substituted a period for semicolon.
    Subsec. (a)(20). Pub. L. 100-175, Sec. 182(k)(20), inserted ``The 
plan shall'', and in subpar. (B)(ii) substituted a period for ``; and''.
    Subsec. (a)(20)(A). Pub. L. 100-175, Sec. 155(e)(2)(A), substituted 
``sections 3026(a)(2)(A) and 3026(a)(6)(P) of this title'' for ``section 
3026(a)(2)(A) of this title''.
    Subsec. (a)(21). Pub. L. 100-175, Sec. 129(e), amended par. (21) 
generally. Prior to amendment, par. (21) read as follows: ``provide that 
the State agency, from funds allotted under section 3024(a) of this 
title for part B will use an amount equal to an amount not less than 1 
percent of such allotment or $20,000, whichever is greater, for the 
purpose of carrying out the provisions of clause (12), except that (A) 
the requirement of this clause shall not apply in any fiscal year in 
which a State spends from State or local sources an amount equal to the 
amount required to be spent by this clause; and (B) the provisions of 
this clause shall not apply to American Samoa, Guam, the Virgin Islands, 
the Trust Territory of the Pacific Islands, and the Commonwealth of the 
Northern Mariana Islands.''
    Subsec. (a)(22). Pub. L. 100-175, Sec. 130(b), added par. (22).
    Subsec. (a)(23). Pub. L. 100-175, Sec. 131(b), added par. (23).
    Subsec. (a)(24). Pub. L. 100-175, Sec. 132(c)(2), added par. (24).
    Subsec. (a)(25). Pub. L. 100-175, Sec. 136(c)(2), added par. (25).
    Subsec. (a)(26). Pub. L. 100-175, Sec. 138, added par. (26).
    Subsec. (a)(27). Pub. L. 100-175, Sec. 140(c)(2), added par. (27).
    Subsec. (a)(28). Pub. L. 100-175, Sec. 141(c), added par. (28).
    Subsec. (a)(29). Pub. L. 100-175, Sec. 142, added par. (29).
    Subsec. (a)(30). Pub. L. 100-175, Sec. 144(d)(2), added par. (30).
    Subsec. (a)(31). Pub. L. 100-175, Sec. 155(e)(2)(B), added par. 
(31).
    Subsec. (g). Pub. L. 100-175, Sec. 137(b), added subsec. (g).
    1984--Subsec. (a)(3)(A). Pub. L. 98-459, Sec. 307(a)(1), substituted 
``legal assistance'' for ``legal services''.
    Subsec. (a)(10). Pub. L. 98-459, Sec. 307(a)(2), substituted 
``supportive services or nutrition services'' for ``supportive services, 
including nutrition services'', and inserted ``, or where such services 
are directly related to such State or area agency on aging's 
administrative functions, or where such services of comparable quality 
can be provided more economically by such State or area agency on 
aging''.
    Subsec. (a)(12)(A). Pub. L. 98-459, Sec. 307(a)(3)(A)-(C), 
substituted ``, other than an agency or organization which is 
responsible'' for ``which is not responsible'', ``which is an 
association'' for ``which is not an association'', and ``which provides 
an individual who will, on a full-time basis--'' for ``which will--'', 
in provision preceding cl. (i).
    Subsec. (a)(12)(A)(iv). Pub. L. 98-459, Sec. 307(a)(3)(D), 
substituted ``training staff and volunteers'' for ``training 
volunteers''.
    Subsec. (a)(12)(E). Pub. L. 98-459, Sec. 307(a)(3)(E)-(G), added 
subpar. (E).
    Subsec. (a)(13)(B). Pub. L. 98-459, Sec. 307(a)(4)(A), substituted 
``subclause (H)'' for ``subparagraph (H)''.
    Subsec. (a)(13)(C)(i). Pub. L. 98-459, Sec. 307(a)(4)(B), 
substituted ``solicit voluntary contributions'' for ``charge 
participating individuals''.
    Subsec. (a)(13)(C)(ii). Pub. L. 98-459, Sec. 307(a)(4)(C), 
substituted ``voluntary contributions'' for ``charges''.
    Subsec. (a)(15). Pub. L. 98-459, Sec. 307(a)(5), substituted ``legal 
assistance'' for ``legal services'' in provision preceding subpar. (A).
    Subsec. (a)(15)(A). Pub. L. 98-459, Sec. 307(a)(5), substituted 
``legal assistance'' for ``legal services'' wherever appearing.
    Subsec. (a)(15)(B). Pub. L. 98-459, Sec. 307(a)(6), in amending 
subpar. (B) generally, substituted provisions requiring assurances 
regarding the furnishing of legal assistance by grantees administering 
programs designed to provide legal assistance to older individuals with 
social or economic need for provisions requiring assurances regarding 
the furnishing of legal services by grantees who were either recipients 
of funds under the Legal Services Corporation Act or who administered 
programs designed to provide legal services to all older individuals 
with social or economic need.
    Subsec. (a)(16) to (18). Pub. L. 98-459, Sec. 307(a)(10), added 
pars. (16) to (18). Former pars. (16) to (18) redesignated (19) to (21), 
respectively.
    Subsec. (a)(19), (20). Pub. L. 98-459, Sec. 307(a)(9), redesignated 
former pars. (16) and (17) as (19) and (20), respectively.
    Subsec. (a)(20)(B)(ii). Pub. L. 98-459, Sec. 307(a)(7), substituted 
``; and'' for the period at the end.
    Subsec. (a)(21). Pub. L. 98-459, Sec. 307(a)(9), redesignated former 
par. (18) as (21).
    Subsec. (a)(21)(B). Pub. L. 98-459, Sec. 307(a)(8), substituted 
``Commonwealth of the Northern Mariana Islands'' for ``Northern Mariana 
Islands''.
    Subsec. (b)(1). Pub. L. 98-459, Sec. 307(b), substituted ``the 
Commissioner finds'' for ``he finds''.
    Subsec. (d). Pub. L. 98-459, Sec. 307(c), substituted ``in the 
Commissioner's discretion'' for ``in his discretion'', ``until the 
Commissioner is satisfied'' for ``until he is satisfied'', ``Until the 
Commissioner is so satisfied'' for ``Until he is so satisfied'', ``the 
Commissioner shall prescribe'' for ``he shall prescribe'', and ``the 
provisions of this section'' for ``the provisions of section 307''.
    Subsec. (e)(1). Pub. L. 98-459, Sec. 307(d)(1), substituted 
``designated by the Commissioner'' for ``designated by him'' and ``the 
Commissioner's action is based'' for ``he based his action''.
    Subsec. (e)(2). Pub. L. 98-459, Sec. 307(d)(2), substituted ``set 
aside the Commissioner's order'' for ``set aside his order''.
    Subsec. (f). Pub. L. 98-459, Sec. 307(e), added subsec. (f).
    1981--Subsec. (a). Pub. L. 97-115, Sec. 7(a), 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).
    Subsec. (a)(3)(A), (10). Pub. L. 97-115, Sec. 3(d), substituted 
``supportive services'' for ``social services''.
    Subsec. (a)(13)(A). Pub. L. 97-115, Sec. 7(b), substituted ``aged 60 
or older and to their spouses, and may be made available to handicapped 
or disabled individuals who have not attained 60 years of age but who 
reside in housing facilities occupied primarily by the elderly at which 
congregate nutrition services are provided'' for ``aged 60 or older, and 
to their spouses''.
    Subsec. (a)(13)(B). Pub. L. 97-115, Sec. 7(c), substituted ``primary 
consideration shall be given to the provision of meals in a congregate 
setting, except that each area agency (i) may award funds made available 
under this subchapter to organizations for the provision of home 
delivered meals to older individuals in accordance with the provisions 
of subpart II of part C, based upon a determination of need made by the 
recipient of a grant or contract entered into under this subchapter, 
without requiring that such organizations also provide meals to older 
individuals in a congregate setting; and (ii) shall, in awarding such 
funds, select such organizations in a manner which complies with the 
provisions of subparagraph (H)'' for ``each project will provide meals 
in a congregate setting, except that each such project may provide home 
delivered meals based upon a determination of need made by the recipient 
of a grant or contract entered into under this subchapter''.
    Subsec. (a)(13)(C)(ii). Pub. L. 97-115, Sec. 7(d), inserted ``, to 
facilitate access to such meals, and to provide other supportive 
services directly related to nutrition services'' after ``the project 
involved''.
    Subsec. (a)(13)(D). Pub. L. 97-115, Secs. 3(d), 7(e), inserted ``in 
the case of meals served in a congregate setting,'' before ``a site for 
such services'', substituted ``supportive services'' for ``social 
services'', and struck out ``or home delivered meals are furnished to 
eligible individuals who are homebound'' after ``transportation to such 
site is furnished''.
    Subsec. (a)(13)(I). Pub. L. 97-115, Sec. 7(f), substituted ``each 
area agency shall establish procedures that will allow nutrition project 
administrators the option to offer a meal, on the same basis as meals 
are provided to elderly participants, to individuals providing volunteer 
services during the meal hours'' for ``each State agency may only for 
fiscal years 1979 and 1980, use not to exceed 20 percent for the amounts 
allotted under part C to the State for supportive services, including 
recreational activities, informational services, health and welfare 
counseling, and referral services, directly related to the delivery of 
congregate or home delivered meals, except that the Commissioner may 
approve an application from a State to use not to exceed 50 percent of 
its amount allotted under part C in areas with unusually high supportive 
services costs''.
    Subsec. (a)(16) to (18). Pub. L. 97-115, Sec. 7(g), added pars. (16) 
and (17) and redesignated former par. (16) as (18).
    Subsec. (b)(2), (3). Pub. L. 97-115, Sec. 7(h), redesignated par. 
(3) as (2). Former par. (2), which related to the authority of the 
Commissioner to waive particular requirements of State plans for fiscal 
years 1979 and 1980, was struck out.


                    Effective Date of 1992 Amendment

    Amendment by sections 307 and 708(c)(4) 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 sections 307 and 708(c)(4) of Pub. L. 102-375 
inapplicable with respect to fiscal year 1992, see section 905(b)(2), 
(6) 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.


  Assessment of Unsatisfied Demand for Supportive Services Provided at 
                     Senior Centers and Other Sites

    Section 111 of Pub. L. 100-175 directed Commissioner on Aging, not 
later than Sept. 30, 1989, to submit to Congress a report assessing 
national unmet need for supportive services, nutrition services, and 
multipurpose senior centers by summarizing in detail for each State the 
results of the most recent evaluation conducted by the State agency 
under the then current plan submitted under 42 U.S.C. 3027(a)(3)(A) and 
containing recommendations of the Secretary with respect to need for 
administrative action and legislation relating to satisfying the demand 
for supportive services provided at senior centers and other sites.


                       Study of Ombudsman Program

    Section 129(b) of Pub. L. 100-175 directed Commissioner on Aging, 
not later than Dec. 31, 1989, to conduct a study and submit a report to 
Congress concerning involvement in the ombudsman program established 
under 42 U.S.C. 3027(a)(12) and its impact upon issues and problems 
affecting residents of board and care facilities and other similar adult 
care homes who are older individuals as defined in 42 U.S.C. 3022(10), 
and the effectiveness of recruiting, supervising, and retaining 
volunteer ombudsmen.

                  Section Referred to in Other Sections

    This section is referred to in sections 1395i-3, 1396r, 3002, 3011, 
3012, 3017, 3020e, 3021, 3024, 3025, 3026, 3028, 3029, 3030d, 3030e, 
3030f, 3030g-11, 3030h, 3030i, 3030l, 3030m, 3030p, 3035a, 3035c, 3035o, 
3057e, 3058d of this title.
