
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: 42USC3035g]

 
                 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. 3035g. Consumer protection demonstration projects for 
        services provided in home
        

(a) Grants; uses

    (1) The Assistant Secretary is authorized to make grants to not 
fewer than 6 nor more than 10 States to demonstrate and evaluate the 
effectiveness of consumer protection projects for services (other than 
medical services) provided to older individuals in the home that are 
furnished or assisted with public funds.
    (2) Grants made under this section shall be used to test different 
approaches to protecting older individuals with regard to services in 
the home. Such projects may provide consumer protection through State 
and local ombudsmen, legal assistance agencies, and other community 
service agencies.

(b) Application; contents

    No grant may be made under this section unless an application is 
made to the Assistant Secretary at such time, in such manner, and 
containing such information as the Assistant Secretary may reasonably 
require. Each such application shall--
        (1) describe activities for which assistance is sought;
        (2) provide for an evaluation of the activities for which 
    assistance is sought; and
        (3) provide assurances that the applicant will prepare and 
    submit a report to the Assistant Secretary on the activities 
    conducted with assistance under this section and the evaluation of 
    such activities.

(c) Geographic distribution of assistance

    In approving applications under this section, the Assistant 
Secretary shall assure equitable geographic distribution of assistance.

(d) Report on evaluations; contents; recommendations

    The Assistant Secretary shall, as part of the annual report 
submitted under section 3018 of this title, prepare and submit a report 
on the evaluations submitted under this section, together with such 
recommendations as the Assistant Secretary deems appropriate. In 
carrying out this section, the Assistant Secretary shall include in the 
report--
        (1) a description of the demonstration projects assisted under 
    this section;
        (2) an evaluation of the effectiveness of each such project; and
        (3) recommendations of the Assistant Secretary with respect to 
    the desirability and feasibility of carrying out on a nationwide 
    basis a consumer protection program for services in the home.

(e) Nature of projects; prohibition

    Consumer protection projects carried out under this section--
        (1) may include, but are not limited to, consumer education, the 
    use of consumer hotlines, receipt and resolution of consumer 
    complaints, and advocacy; and
        (2) may not address medical services.

(Pub. L. 89-73, title IV, Sec. 428, as added Pub. L. 100-175, title I, 
Sec. 157(a), Nov. 29, 1987, 101 Stat. 955; amended Pub. L. 103-171, 
Sec. 3(a)(13), Dec. 2, 1993, 107 Stat. 1990.)


                            Prior Provisions

    A prior section 3035g, Pub. L. 89-73, title IV, Sec. 431, as added 
Pub. L. 95-478, title I, Sec. 104(c)(1)(C), Oct. 18, 1978, 92 Stat. 
1543, related to mortgage insurance grants for multipurpose senior 
centers, prior to the general amendment of this subchapter by Pub. L. 
97-115, Sec. 11(a), Dec. 29, 1981, 95 Stat. 1601.


                               Amendments

    1993--Subsecs. (a) to (d). Pub. L. 103-171 substituted ``Assistant 
Secretary'' for ``Commissioner'' wherever appearing.


                             Effective Date

    Section 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 an Effective Date of 1987 Amendment 
note under section 3001 of this title.
