
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 401]
[CITE: 42USC3035a]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                CHAPTER 35--PROGRAMS FOR OLDER AMERICANS
 
   SUBCHAPTER IV--TRAINING, RESEARCH, AND DISCRETIONARY PROJECTS AND 
                                PROGRAMS
 
         Part B--Research, Demonstrations, and Other Activities
 
Sec. 3035a. Demonstration projects


(a) Authority to make grants or enter into contracts for model projects 
        and for development of prototype health education and promotion 
        programs

    (1) The Assistant Secretary may, after consultation with the State 
agency in the State involved, make grants to any public agency or 
nonprofit private organization or enter into contracts with any agency 
or organization within such State for paying part or all of the cost of 
developing or operating nationwide, statewide, regional, metropolitan 
area, county, city, or community model projects which will demonstrate 
methods to improve or expand supportive services or nutrition services 
or otherwise promote the well-being of older individuals. The Assistant 
Secretary shall give special consideration to the funding of rural area 
agencies on aging to conduct model projects devoted to the special needs 
of older individuals residing in rural areas. Such projects shall 
include alternative health care delivery systems, advocacy and outreach 
programs, and transportation services.
    (2) The Assistant Secretary may, after consultation with the State 
agency in the State involved, make grants to or enter into contracts 
with public or private institutions of higher education having graduate 
programs with capability in public health, the medical sciences, 
psychology, pharmacology, nursing, social work, health education, 
nutrition, or gerontology, for the purpose of designing and developing 
prototype health education and promotion programs for the use of State 
and area agencies on aging in implementing disease prevention and health 
promotion programs (including coordinated multidisciplinary research 
projects on the aging process).

(b) Projects which are to be given special consideration

    In making grants and contracts under subsection (a)(1) of this 
section, the Assistant Secretary shall give special consideration to 
projects designed to--
        (1) meet the supportive services needs of older individuals who 
    are victims of Alzheimer's disease and related disorders with 
    neurological and organic brain dysfunction and their families, 
    including--
            (A) home health care for such victims;
            (B) adult day health care for such victims; and
            (C) homemaker aides, transportation, and in-home respite 
        care for the families, particularly spouses, of such victims;

        (2) meet the special health care needs of older individuals, 
    including--
            (A) the location of older individuals who are in need of 
        mental health services;
            (B) the provision of, or arrangement for the provision of, 
        medical differential diagnoses of older individuals to 
        distinguish between their need for mental health services and 
        other medical care;
            (C) the specification of the mental health needs of older 
        individuals, and the mental health and support services required 
        to meet such needs;
            (D) the provision of--
                (i) the mental health and support services specified in 
            subclause (C) in the communities; or
                (ii) such services for older individuals in nursing 
            homes and intermediate care facilities, and training of the 
            employees of such homes and facilities in the provision of 
            such services; and

            (E) the identification and provision of services to older 
        individuals with severe disabilities;

        (3) assist in meeting the special housing needs of older 
    individuals by--
            (A) providing financial assistance to such individuals, who 
        own their own homes, necessary to enable them (i) to make the 
        repairs or renovations to their homes, which are necessary for 
        them to meet minimum standards, and (ii) to install security 
        devices, and to make structural modifications or alterations, 
        designed to prevent unlawful entry; and
            (B) studying and demonstrating methods of adapting existing 
        housing, or construction of new housing, to meet the needs of 
        older individuals suffering from physical disabilities;

        (4) provide education and training to older individuals designed 
    to enable them to lead more productive lives by broadening the 
    education, occupational, cultural, or social awareness of such older 
    individuals;
        (5) provide preretirement education information and relevant 
    services (including the training of personnel to carry out such 
    programs and the conduct of research with respect to the development 
    and operation of such programs) to individuals planning retirement;
        (6) meet the special needs of, and improve the delivery of 
    services to, older individuals who are not receiving adequate 
    services under other provisions of this chapter, with emphasis on 
    the needs of low-income, minority, Indian, and limited English-
    speaking individuals and older individuals residing in rural areas;
        (7) develop or improve methods of coordinating all available 
    supportive services for the homebound elderly, blind, and disabled 
    by establishing demonstration projects in ten States, in accordance 
    with subsection (c) of this section;
        (8) improve transportation systems for older individuals 
    residing in rural areas;
        (9) provide expanded, innovative volunteer opportunities to 
    older individuals which are designed to fulfill unmet community 
    needs, while at the same time avoiding duplication of existing 
    volunteer programs, which may include projects furnishing 
    multigenerational services by older individuals addressing the needs 
    of children, such as--
            (A) tutorial services in elementary and special schools;
            (B) after school programs for latchkey children; and
            (C) voluntary services for child care and youth day care 
        programs;

        (10) meet the service needs of older individuals who provide 
    uncompensated care to their adult children with disabilities, for 
    supportive services relating to such care, including--
            (A) respite services; and
            (B) legal advice, information, and referral services to 
        assist such older individuals with permanency planning for such 
        children;

        (11) advance the understanding of the efficacy and benefits of 
    providing music therapy, art therapy, or dance-movement therapy to 
    older individuals through--
            (A) projects that--
                (i) study and demonstrate the provision of music 
            therapy, art therapy, or dance-movement therapy to older 
            individuals who are institutionalized or at risk of being 
            institutionalized; and
                (ii) provide music therapy, art therapy, or dance-
            movement therapy--
                    (I) in nursing homes, hospitals, rehabilitation 
                centers, hospices, or senior centers;
                    (II) through disease prevention and health promotion 
                services programs established under part F of subchapter 
                III of this chapter;
                    (III) through in-home services programs established 
                under part D of subchapter III of this chapter;
                    (IV) through multigenerational activities described 
                in section 3027(a)(41)(B) of this title or subpart III 
                of part C of subchapter III of this chapter;
                    (V) through supportive services described in section 
                3030d(a)(21) of this title; or
                    (VI) through disease prevention and health promotion 
                services described in section 3030o(5) of this title; 
                and

            (B) education, training, and information dissemination 
        projects, including--
                (i) projects for the provision of gerontological 
            training to music therapists, and education and training of 
            individuals in the aging network regarding the efficacy and 
            benefits of music therapy for older individuals; and
                (ii) projects for disseminating to the aging network and 
            to music therapists background materials on music therapy, 
            best practice manuals, and other information on providing 
            music therapy to older individuals; and

        (12)(A) establish, in accordance with subparagraph (B), 
    nationwide, statewide, regional, metropolitan area, county, city, or 
    community model volunteer service credit projects to demonstrate 
    methods to improve or expand supportive services or nutrition 
    services, or otherwise promote the wellbeing of older individuals;
        (B) for purposes of paying part or all of the cost of developing 
    or operating the projects, in the fiscal year, make not fewer than 
    three and not more than five grants to, or contracts with, public 
    agencies or nonprofit private organizations in such State; and
        (C) ensure that the projects will be operated in consultation 
    with the Corporation for National and Community Service and will 
    permit older individuals who are volunteers to earn, for services 
    furnished, credits that may be redeemed later for similar volunteer 
    services.

(c) Procedures for identification of persons needing supportive 
        services, compilation of available services, and development of 
        information and referral services

    The Assistant Secretary shall consult with the Assistant Secretary 
\1\ of the Rehabilitation Services Administration, the Assistant 
Secretary \1\ of the Social Security Administration, and the Surgeon 
General of the Public Health Service, to develop procedures for--
---------------------------------------------------------------------------
    \1\ So in original. Probably should be ``Commissioner''. See 1993 
Amendment note below.
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        (1) identifying elderly, blind, and disabled individuals who 
    need supportive services;
        (2) compiling a list in each community of all services available 
    to the elderly, blind, and disabled; and
        (3) establishing an information and assistance service within 
    the appropriate community agency to--
            (A) inform those in need of the availability of such 
        services; and
            (B) coordinate the delivery of such services to the elderly, 
        blind, and disabled.

The Assistant Secretary shall establish procedures for administering 
demonstration projects under subsection (b)(6) of this section not later 
than 6 months after December 29, 1981. The Assistant Secretary shall 
report to the Congress with respect to the results and findings of the 
demonstration projects conducted under this section at the completion of 
the projects.

(d) Development of grants and contracts in consultation with gerontology 
        centers; dissemination of project results; reports on music, 
        art, and dance-movement therapy projects

    (1) Whenever appropriate, grants made and contracts entered into 
under this section shall be developed in consultation with an 
appropriate gerontology center.
    (2)(A) Grants made and contracts entered into under this section 
shall include provisions for the appropriate dissemination of project 
results.
    (B) An agency or organization that receives a grant or enters into a 
contract to carry out a project described in subparagraph (A) or (B)(i) 
of subsection (b)(11) of this section shall submit to the Assistant 
Secretary a report containing--
        (i) the results, and findings based on the results, of such 
    project; and
        (ii) the recommendations of the agency or organization, if the 
    agency or organization provided music therapy, regarding means by 
    which music therapy could be made available, in an efficient and 
    effective manner, to older individuals who would benefit from the 
    therapy.

(Pub. L. 89-73, title IV, Sec. 422, as added Pub. L. 97-115, Sec. 11(a), 
Dec. 29, 1981, 95 Stat. 1602; amended Pub. L. 98-459, title IV, 
Sec. 407, Oct. 9, 1984, 98 Stat. 1784; Pub. L. 100-175, title I, 
Secs. 152, 153, 156(c), 182(o), Nov. 29, 1987, 101 Stat. 951, 954, 967; 
Pub. L. 100-628, title VII, Sec. 705(8), Nov. 7, 1988, 102 Stat. 3247; 
Pub. L. 102-375, title I, Sec. 102(b)(4), title IV, Sec. 406, title IX, 
Sec. 904(a)(19), Sept. 30, 1992, 106 Stat. 1201, 1245, 1308; Pub. L. 
103-82, title IV, Sec. 405(g)(3), Sept. 21, 1993, 107 Stat. 921; Pub. L. 
103-171, Sec. 3(a)(13), Dec. 2, 1993, 107 Stat. 1990.)

                          Codification

    In subsec. (c), ``December 29, 1981'' substituted for ``the 
effective date of this subsection'', which probably meant the date of 
enactment of Pub. L. 97-115 which revised this subchapter generally.


                            Prior Provisions

    A prior section 3035a, Pub. L. 89-73, title IV, Sec. 412, as added 
Pub. L. 93-29, title IV, Sec. 401, May 3, 1973, 87 Stat. 47, related to 
special comprehensive study and demonstration projects on transportation 
problems of older Americans, prior to repeal by Pub. L. 95-478, title I, 
Sec. 104(b)(3), Oct. 18, 1978, 92 Stat. 1539.
    A prior section 422 of Pub. L. 89-73, as added by Pub. L. 95-478, 
title I, Sec. 104(c)(1)(C), Oct. 18, 1978, 92 Stat. 1541, related to 
special projects in comprehensive long-term care and was classified to 
section 3035c of this title, prior to the general amendment of this 
subchapter by Pub. L. 97-115.
    Provisions similar to those comprising this section were contained 
in section 3035b of this title prior to the general amendment of this 
subchapter by Pub. L. 97-115.


                               Amendments

    1993--Pub. L. 103-171 substituted ``Assistant Secretary'' for 
``Commissioner'' wherever appearing.
    Subsec. (b)(12)(C). Pub. L. 103-82 substituted ``the Corporation for 
National and Community Service'' for ``the ACTION Agency''.
    1992--Subsec. (a)(1). Pub. L. 102-375, Sec. 904(a)(19)(A), 
substituted ``older individuals residing in rural areas'' for ``the 
rural elderly''.
    Subsec. (a)(2). Pub. L. 102-375, Sec. 406(1), substituted ``disease 
prevention and health promotion programs (including coordinated 
multidisciplinary research projects on the aging process)'' for 
``preventive health service programs''.
    Subsec. (b)(1). Pub. L. 102-375, Sec. 904(a)(19)(B)(i), substituted 
``older individuals who are'' for ``elderly''.
    Subsec. (b)(2). Pub. L. 102-375, Sec. 904(a)(19)(B)(ii), substituted 
``older individuals'' for ``the elderly''.
    Subsec. (b)(6). Pub. L. 102-375, Sec. 904(a)(19)(B)(iii), 
substituted ``older individuals residing in rural areas'' for ``the 
rural elderly''.
    Subsec. (b)(8). Pub. L. 102-375, Secs. 406(2)(A), 904(a)(19)(B)(iv), 
substituted ``older individuals residing in rural areas'' for ``the 
rural elderly'' and struck out ``and'' at end.
    Subsec. (b)(9). Pub. L. 102-375, Sec. 406(2)(B), substituted 
``include projects furnishing multigenerational services by older 
individuals addressing the needs of children, such as--
        ``(A) tutorial services in elementary and special schools;
        ``(B) after school programs for latchkey children; and
        ``(C) voluntary services for child care and youth day care 
    programs;''
for ``include--
        ``(A) projects furnishing intergenerational services by older 
    individuals addressing the needs of children, such as--
            ``(i) tutorial services in elementary and special schools;
            ``(ii) after school programs for latch key children;
            ``(iii) voluntary services for day care center programs; and
        ``(B) volunteer service credit projects operated in conjunction 
    with the ACTION Agency, permitting elderly volunteers to earn 
    credits for services furnished, which may later be redeemed for 
    similar volunteer services.''
    Subsecs. (b)(10) to (12). Pub. L. 102-375, Sec. 406(2)(C), added 
pars. (10) to (12).
    Subsec. (c)(3). Pub. L. 102-375, Sec. 102(b)(4), substituted 
``information and assistance'' for ``information and referral''.
    Subsec. (d)(2). Pub. L. 102-375, Sec. 406(3), designated existing 
provisions as subpar. (A) and added subpar. (B).
    1988--Subsec. (b)(1). Pub. L. 100-628, Sec. 705(8)(A), which 
directed the substitution of ``Alzheimer's disease and related disorders 
with neurological and organic brain dysfunction'' for ``Alzheimers' 
disease and other neurological and organic disorders of the Alzheimers' 
type'' was executed by making the substitution for ``Alzheimers' disease 
and other neurological and organic brain disorders of the Alzheimers' 
type'', to reflect the probable intent of Congress.
    Subsec. (b)(9)(B). Pub. L. 100-628, Sec. 705(8)(B), substituted 
``the ACTION Agency'' for ``ACTION''.
    1987--Subsec. (a). Pub. L. 100-175, Sec. 152(1), designated existing 
provision as par. (1) and added par. (2).
    Subsec. (b). Pub. L. 100-175, Sec. 152(2), substituted ``subsection 
(a)(1) of this section'' for ``this section''.
    Subsec. (b)(1). Pub. L. 100-175, Sec. 182(o), which directed the 
substitution of ``Alzheimer's disease and related disorders with 
neurological and organic brain dysfunction'' for ``Alzheimers' disease 
and other organic and neurological brain disorders of the Alzheimers' 
type'', could not be executed because that phrase did not appear. See 
1988 Amendment note above.
    Subsec. (b)(2)(E). Pub. L. 100-175, Sec. 156(c), added subpar. (E).
    Subsec. (b)(9). Pub. L. 100-175, Sec. 153, added par. (9).
    1984--Subsec. (a). Pub. L. 98-459, Sec. 407(a), inserted a period 
after ``devoted to the special needs of the rural elderly''.
    Subsec. (b)(1). Pub. L. 98-459, Sec. 407(b)(2), added par. (1). 
Former par. (1) redesignated (2).
    Subsec. (b)(2). Pub. L. 98-459, Sec. 407(b)(1), redesignated former 
par. (1) as (2). Former par. (2) redesignated (3).
    Subsec. (b)(2)(D)(i). Pub. L. 98-459, Sec. 407(b)(3), substituted 
``subclause (C)'' for ``clause (C)''.
    Subsec. (b)(3) to (8). Pub. L. 98-459, Sec. 407(b)(1), redesignated 
former pars. (2) to (7) as (3) to (8), respectively.
    Subsec. (d). Pub. L. 98-459, Sec. 407(c), added subsec. (d).


                    Effective Date of 1993 Amendment

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


                    Effective Date of 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.
