
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: 42USC3035b]

 
                 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. 3035b. Special projects in comprehensive long-term care


(a) Definitions

    As used in this section:

                             (1) Project

        The term ``Project'' means a Project to Improve the Delivery of 
    Long-Term Care Services.

                         (2) Resource Center

        The term ``Resource Center'' means a Resource Center for Long-
    Term Care.

(b) Resource Centers

                      (1) Grants and contracts

        The Assistant Secretary shall award grants to, or enter into 
    contracts with, eligible entities to support the establishment or 
    operation of not fewer than four and not more than seven Resource 
    Centers in accordance with paragraph (2).

                          (2) Requirements

        (A) Functions

            Each Resource Center that receives funds under this 
        subsection shall, with respect to subjects within an area of 
        specialty of the Resource Center--
                (i) perform research;
                (ii) provide for the dissemination of results of the 
            research; and
                (iii) provide technical assistance and training to State 
            agencies and area agencies on aging.

        (B) Area of speciality

            For purposes of subparagraph (A) the term ``area of 
        speciality'' means--
                (i) Alzheimer's disease and related dementias, and other 
            cognitive impairments;
                (ii) client assessment and case management;
                (iii) data collection and analysis;
                (iv) home modification and supportive services to enable 
            older individuals to remain in their homes;
                (v) consolidation and coordination of services;
                (vi) linkages between acute care, rehabilitative 
            services, and long-term care, facilities and providers;
                (vii) decisionmaking and bioethics;
                (viii) supply, training, and quality of long-term care 
            personnel, including those who provide rehabilitative 
            services;
                (ix) rural issues, including barriers to access to 
            services;
                (x) chronic mental illness;
                (xi) populations with greatest social need and 
            populations with greatest economic need, with particular 
            attention to low-income minorities; and
                (xii) an area of importance as determined by the 
            Assistant Secretary.

(c) Projects

    The Assistant Secretary shall award grants to, or enter into 
contracts with, eligible entities to support the entities in 
establishing and carrying out not fewer than 10 Projects.

(d) Use of funds

                           (1) In general

        Except as provided in paragraph (2), an eligible entity may use 
    funds received under a grant or contract--
            (A) described in subsection (b)(1) of this section to pay 
        for part or all of the cost (including startup cost) of 
        establishing and operating a new Resource Center, or of 
        operating a Resource Center in existence on the day before 
        September 30, 1992; or
            (B) described in subsection (c) of this section to pay for 
        part or all of the cost (including startup cost) of establishing 
        and carrying out a Project.

                  (2) Reimbursable direct services

        None of the funds may be used to pay for direct services that 
    are eligible for reimbursement under title XVIII, XIX, or XX of the 
    Social Security Act (42 U.S.C. 1395 et seq., 1396 et seq., or 1397 
    et seq.).

(e) Preference

    In awarding grants, and entering into contracts, under this section, 
the Assistant Secretary shall give preference to entities that 
demonstrate that--
        (1) adequate State standards have been developed to ensure the 
    quality of services provided under the grant or contract; and
        (2) the entity has made a commitment to carry out programs under 
    the grant or contract with each State agency responsible for the 
    administration of title XIX or XX of the Social Security Act [42 
    U.S.C. 1396 et seq., 1397 et seq.].

(f) Application

                           (1) In general

        To be eligible to receive funds under a grant or contract 
    described in subsection (b)(1) or (c) of this section, an entity 
    shall submit an application to the Assistant Secretary at such time, 
    in such manner, and containing such information as the Assistant 
    Secretary may require.

                       (2) Project application

        An entity seeking a grant or contract under subsection (c) of 
    this section shall submit an application to the Assistant Secretary 
    containing, at a minimum--
            (A) information identifying and describing gaps, weaknesses, 
        or other problems in the delivery of long-term care services in 
        the State or geographic area to be served by the entity, 
        including--
                (i) duplication of functions in the delivery of such 
            services, including duplication at the State and local 
            level;
                (ii) fragmentation of systems, especially in 
            coordinating services to populations of older individuals 
            and other populations;
                (iii) barriers to access for populations with greatest 
            social need and populations with greatest economic need, 
            including minorities and residents of rural areas;
                (iv) lack of financing for such services;
                (v) lack of availability of adequately trained personnel 
            to provide such services; and
                (vi) lack of a range of chronic care services (including 
            rehabilitative strategies) that promote restoration, 
            maintenance, or improvement of function in older 
            individuals;

            (B) a plan to address the gaps, weaknesses, and problems 
        described in clauses (i) through (v); and
            (C) information describing the extent to which the entity 
        will coordinate with area agencies on aging and service 
        providers in carrying out the proposed Project.

(g) Eligible entities

                        (1) Resource Centers

        Entities eligible to receive grants, or enter into contracts, 
    under subsection (b)(1) of this section shall be--
            (A) institutions of higher education; and
            (B) other public agencies and nonprofit private 
        organizations.

                            (2) Projects

        Entities eligible to receive grants, or enter into contracts, 
    under subsection (c) of this section include--
            (A) State agencies; and
            (B) in consultation with State agencies--
                (i) area agencies on aging;
                (ii) institutions of higher education; and
                (iii) other public agencies and nonprofit private 
            organizations.

(h) Report

    The Assistant Secretary shall include in the annual report to the 
Congress required by section 3018 of this title, a report on the grants 
awarded, and contracts entered into, under this section, including--
        (1) an analysis of the relative effectiveness, and 
    recommendations for any changes, of the projects of Resource Centers 
    funded under subsection (b)(1) of this section in the fiscal year 
    for which the Assistant Secretary is preparing the annual report; 
    and
        (2) an evaluation of the needs identified, the agencies 
    utilized, and the effectiveness of the approaches used by projects 
    funded under subsection (c) of this section.

(i) Availability of funds

    The Assistant Secretary shall make available for carrying out 
subsection (b) of this section for each fiscal year not less than the 
amount made available in fiscal year 1991 for making grants and entering 
into contracts to establish and operate Resource Centers under this 
section as in effect on the day before September 30, 1992.

(Pub. L. 89-73, title IV, Sec. 423, as added Pub. L. 97-115, Sec. 11(a), 
Dec. 29, 1981, 95 Stat. 1603; amended Pub. L. 98-459, title IV, 
Sec. 408, Oct. 9, 1984, 98 Stat. 1784; Pub. L. 100-175, title I, 
Secs. 105(f), 134(c)(5), 154, 156(d), Nov. 29, 1987, 101 Stat. 930, 941, 
951, 955; Pub. L. 102-375, title IV, Sec. 407(a), Sept. 30, 1992, 106 
Stat. 1246; Pub. L. 103-171, Sec. 3(a)(13), Dec. 2, 1993, 107 Stat. 
1990.)

                       References in Text

    The Social Security Act, referred to in subsecs. (d)(2) and (e)(2), 
is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Titles XVIII, 
XIX, and XX of the Act are classified generally to subchapters XVIII 
(Sec. 1395 et seq.), XIX (Sec. 1396 et seq.), and XX (Sec. 1397 et seq.) 
of chapter 7 of this title, respectively. For complete classification of 
this Act to the Code, see section 1305 of this title and Tables.


                            Prior Provisions

    A prior section 3035b, Pub. L. 89-73, title IV, Sec. 421, as added 
Pub. L. 95-478, title I, Sec. 104(c)(1)(C), Oct. 18, 1978, 92 Stat. 
1539, authorized demonstration projects showing methods of improving or 
expanding social services or nutrition services or otherwise promoting 
the well-being of older individuals, prior to the general amendment of 
this subchapter by Pub. L. 97-115.
    A prior section 423 of Pub. L. 89-73, as added by Pub. L. 95-478, 
title I, Sec. 104(c)(1)(C), Oct. 18, 1978, 92 Stat. 1542, related to 
special demonstration projects on legal services for older Americans and 
was classified to section 3035d 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 3035c of this title prior to the general amendment of this 
subchapter by Pub. L. 97-115.


                               Amendments

    1993--Subsecs. (b), (c), (e), (f), (h), (i). Pub. L. 103-171 
substituted ``Assistant Secretary'' for ``Commissioner'' wherever 
appearing.
    1992--Pub. L. 102-375 amended section generally. Prior to amendment, 
subsec. (a) related to authority to make grants or enter into contracts, 
subsec. (b) related to preference given to certain applicants, subsec. 
(c) related to coordination and avoidance of duplication, and subsec. 
(d) related to equitable distribution between urban and rural areas.
    1987--Subsec. (a)(1). Pub. L. 100-175, Sec. 154, substituted 
``shall'' for ``may'' after ``Commissioner''.
    Subsec. (a)(3). Pub. L. 100-175, Secs. 105(f), 156(d), inserted 
``mental health services'' and ``services to older individuals with 
severe disabilities residing in nursing homes;''.
    Subsec. (a)(4). Pub. L. 100-175, Sec. 134(c)(5), added par. (4).
    1984--Subsec. (b)(3). Pub. L. 98-459 designated existing provisions 
as subpar. (A) and added subpar. (B).


                    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.
