42 U.S.C. § 3018

Current through P.L. 118-107 (published on www.congress.gov on 11/21/2024)

Section 3018 - Reports to Congress

(a) Annual report

Not later than one hundred and twenty days after the close of each fiscal year, the Assistant Secretary shall prepare and submit to the President and to the Congress a full and complete report on the activities carried out under this chapter. Such annual reports shall include-

(1) statistical data reflecting services and activities provided to individuals during the preceding fiscal year;

(2) statistical data collected under section 3012(a)(16) of this title;

(3) statistical data and an analysis of information regarding the effectiveness of the State agency and area agencies on aging in targeting services to older individuals with greatest economic need and older individuals with greatest social need, with particular attention to low-income minority individuals, older individuals residing in rural areas, low-income individuals, and frail individuals (including individuals with any physical or mental functional impairment); and

(4) a description of the implementation of the plan required by section 3012(a)(14) of this title.

(b) Report on ombudsman program

(1) Not later than March 1 of each year, the Assistant Secretary shall compile a report-

(A) summarizing and analyzing the data collected under subchapters III and XI in accordance with section 3058g(c) of this title for the then most recently concluded fiscal year;

(B) identifying significant problems and issues revealed by such data (with special emphasis on problems relating to quality of care and residents' rights);

(C) discussing current issues concerning the long-term care ombudsman programs of the States; and

(D) making recommendations regarding legislation and administrative actions to resolve such problems.

(2) The Assistant Secretary shall submit the report required by paragraph (1) to-

(A) the Special Committee on Aging of the Senate;

(B) the Committee on Education and Labor of the House of Representatives; and

(C) the Committee on Health, Education, Labor, and Pensions of the Senate.

(3) The Assistant Secretary shall provide the report required by paragraph (1), and make the State reports required under subchapters III and XI in accordance with section 3058g(h)(1) of this title available, to-

(A) the Administrator of the Centers for Medicare & Medicaid Services;

(B) the Office of the Inspector General of the Department of Health and Human Services;

(C) the Office of Civil Rights of the Department of Health and Human Services;

(D) the Secretary of Veterans Affairs; and

(E) each public agency or private organization designated as an Office of the State Long-Term Care Ombudsman under subchapter III or XI in accordance with section 3058g(a)(4)(A) of this title.

(c) Outreach activities; report on evaluations to be included in annual report

The Assistant Secretary shall, as part of the annual report submitted under subsection (a), prepare and submit a report on the outreach activities supported under this chapter, together with such recommendations as the Assistant Secretary deems appropriate. In carrying out this subsection, the Assistant Secretary shall consider-

(1) the number of older individuals reached through the activities;

(2) the dollar amount of the assistance and benefits received by older individuals as a result of such activities;

(3) the cost of such activities in terms of the number of individuals reached and the dollar amount described in paragraph (2);

(4) the effect of such activities on supportive services and nutrition services furnished under subchapter III of this chapter; and

(5) the effectiveness of State and local efforts to target older individuals with greatest economic need (including low-income minority individuals and older individuals residing in rural areas) and older individuals with greatest social need (including low-income minority individuals and older individuals residing in rural areas) to receive services under this chapter.

(d) Evaluation to Congress

The Assistant Secretary shall provide the evaluation required under section 3017(b) of this title to-

(1) the Committee on Health, Education, Labor, and Pensions of the Senate;

(2) the Committee on Appropriations of the Senate;

(3) the Special Committee on Aging of the Senate;

(4) the Committee on Education and Labor of the House of Representatives; and

(5) the Committee on Appropriations of the House of Representatives.

42 U.S.C. § 3018

Pub. L. 89-73, title II, §207, formerly §208, as added Pub. L. 93-29, title II, §201(c), May 3, 1973, 87 Stat. 35; renumbered §207, Pub. L. 97-115, §2(e)(2), Dec. 29, 1981, 95 Stat. 1596; amended Pub. L. 98-459, title II, §207, Oct. 9, 1984, 98 Stat. 1770; Pub. L. 100-175, title I, §§103(b), (c), 155(f), Nov. 29, 1987, 101 Stat. 928, 929, 954; Pub. L. 102-54, §13(q)(9)(A), June 13, 1991, 105 Stat. 281; Pub. L. 102-375, title II, §208, title VII, §708(a)(2)(A), (c)(2), title IX, §904(a)(8), Sept. 30, 1992, 106 Stat. 1214, 1292, 1306; Pub. L. 103-171, §3(a)(13), Dec. 2, 1993, 107 Stat. 1990; Pub. L. 103-437, §15(l), Nov. 2, 1994, 108 Stat. 4593; Pub. L. 106-501, title II, §204, title VIII, §801(b)(4), Nov. 13, 2000, 114 Stat. 2234, 2292; Pub. L. 109-365, title II, §206, Oct. 17, 2006, 120 Stat. 2535; Pub. L. 114-144, §3(d), Apr. 19, 2016, 130 Stat. 337; Pub. L. 116-131, title I, §127(c), title VII, §701(4), (5), Mar. 25, 2020, 134 Stat. 253, 271.

EDITORIAL NOTES

PRIOR PROVISIONSA prior section 207 of Pub. L. 89-73 was renumbered section 206 and is classified to section 3017 of this title.

AMENDMENTS2020-Subsec. (b)(2)(B). Pub. L. 116-131, §701(4), substituted "Committee on Education and Labor" for "Committee on Education and the Workforce". Subsec. (b)(3)(A). Pub. L. 116-131, §701(5), substituted "Administrator of the Centers for Medicare & Medicaid Services" for "Administrator of the Health Care Finance Administration". Subsec. (d). Pub. L. 116-131, §127(c), added subsec. (d).2016-Subsec. (a)(2). Pub. L. 114-144, §3(d)(1), substituted "3012(a)(16)" for "3012(a)(19)". Subsec. (a)(4). Pub. L. 114-144, §3(d)(2), substituted "3012(a)(14)" for "3012(a)(17)".2006-Subsec. (b)(2)(B). Pub. L. 109-365, §206(1), substituted "the Workforce" for "Labor". Subsec. (b)(2)(C). Pub. L. 109-365, §206(2), substituted "Health, Education, Labor, and Pensions" for "Labor and Human Resources". 2000-Subsec. (a)(3). Pub. L. 106-501, §801(b)(4), redesignated par. (4) as (3) and struck out former par. (3) which read as follows: "an analysis of the information received under section 3026(b)(2)(D) of this title by the Assistant Secretary;". Subsec. (a)(4). Pub. L. 106-501, §801(b)(4)(B), redesignated par. (5) as (4). Pub. L. 106-501, §204(1), inserted "older individuals residing in rural areas," after "low-income minority individuals,". Subsec. (a)(5). Pub. L. 106-501, §801(b)(4)(B), redesignated par. (5) as (4).Subsec. (c)(5). Pub. L. 106-501, §204(2), inserted "and older individuals residing in rural areas" after "low-income minority individuals" in two places.1994-Subsec. (b)(2). Pub. L. 103-437 redesignated subpars. (B) to (D) as (A) to (C), respectively, and struck out former subpar. (A) which read as follows: "the Select Committee on Aging of the House of Representatives;". 1993- Pub. L. 103-171 substituted "Assistant Secretary" for "Commissioner" wherever appearing. 1992-Subsec. (a)(4). Pub. L. 102-375, §904(a)(8), substituted "greatest economic need and older individuals with greatest social need" for "the greatest economic or social needs".Subsec. (a)(5). Pub. L. 102-375, §208(a), added par. (5).Subsec. (b)(1). Pub. L. 102-375, §208(b), substituted "March 1" for "January 15" in introductory provisions. Subsec. (b)(1)(A). Pub. L. 102-375, §708(a)(2)(A)(i), substituted "subchapters III and XI in accordance with section 3058g(c) of this title" for "section 3027(a)(12)(C) of this title".Subsec. (b)(3). Pub. L. 102-375, §708(a)(2)(A)(ii)(I), substituted "under subchapters III and XI in accordance with section 3058g(h)(1) of this title" for "by section 3027(a)(12)(H)(i) of this title".Subsec. (b)(3)(E). Pub. L. 102-375, §708(a)(2)(A)(ii)(II), added subpar. (E) and struck out former subpar. (E) which read as follows: "the public agencies and private organizations designated under section 3027(a)(12)(A) of this title." Subsec. (c). Pub. L. 102-375, §708(c)(2)(A), substituted "on the outreach activities supported under this chapter" for "on the evaluations required to be submitted under section 3027(a)(31)(D) of this title". Subsec. (c)(1). Pub. L. 102-375, §708(c)(2)(B), substituted "the activities" for "outreach activities supported under section 3026(a)(6)(P) of this title".Subsec. (c)(5). Pub. L. 102-375, §208(c), added par. (5).1991-Subsec. (b)(3)(D). Pub. L. 102-54 substituted "Secretary of Veterans Affairs" for "Administrator of the Veterans' Administration".1987-Subsec. (a). Pub. L. 100-175, §103(b), amended last sentence generally. Prior to amendment, last sentence read as follows: "Such annual reports shall include statistical data reflecting services and activities provided individuals during the preceding fiscal year."Subsec. (b). Pub. L. 100-175, §103(c), added subsec. (b) and struck out former subsec. (b) which read as follows: "Not later than 2 years after October 9, 1984, the Commissioner shall prepare and submit a report to the Congress on the extent to which the need for services for the prevention of the abuse of individuals is unmet, based on information gathered pursuant to section 3026(a)(6)(J) of this title."Subsec. (c). Pub. L. 100-175, §155(f), added subsec. (c). 1984- Pub. L. 98-459 designated existing provisions as subsec. (a), substituted "submit to the President and to the Congress" for "submit to the President for transmittal to the Congress", and added subsec. (b).

STATUTORY NOTES AND RELATED SUBSIDIARIES

CHANGE OF NAMECommittee on Education and Labor of House of Representatives changed to Committee on Education and the Workforce of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.

EFFECTIVE DATE OF 1992 AMENDMENT Amendment by section 708(a)(2)(A) and (c)(2) of Pub. L. 102-375 inapplicable with respect to fiscal year 1993, see section 4(b) of Pub. L. 103-171 set out as a note under section 3001 of this title. Amendment by section 708(a)(2)(A) and (c)(2) of Pub. L. 102-375 inapplicable with respect to fiscal year 1992, see section 905(b)(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.

Administrator

The term "Administrator" means the Administrator of General Services.

Secretary

the term "Secretary" means- (A) the Secretary of Education for purposes of subtitle A (other than section 3201),(B) the Secretary of Agriculture for purposes of the amendments made by section 3201, and(C) the Secretary of Health and Human Services for purposes of subtitle B,