42 U.S.C. § 3021

Current through P.L. 118-107 (published on www.congress.gov on 11/21/2024)
Section 3021 - Purpose and program
(a) Congressional declaration of purpose
(1) It is the purpose of this subchapter to encourage and assist State agencies and area agencies on aging to concentrate resources in order to develop greater capacity and foster the development and implementation of comprehensive and coordinated systems to serve older individuals by entering into new cooperative arrangements in each State with the persons described in paragraph (2), for the planning, and for the provision of, supportive services, and multipurpose senior centers, in order to-
(A) secure and maintain maximum independence and dignity in a home environment for older individuals capable of self care with appropriate supportive services;
(B) remove individual and social barriers to economic and personal independence for older individuals;
(C) provide a continuum of care for vulnerable older individuals;
(D) secure the opportunity for older individuals to receive managed in-home and community-based long-term care services; and
(E) measure impacts related to social determinants of health of older individuals.
(2) The persons referred to in paragraph (1) include-
(A) State agencies and area agencies on aging;
(B) other State agencies, including agencies that administer home and community care programs;
(C) Indian tribes, tribal organizations, and Native Hawaiian organizations;
(D) the providers, including voluntary organizations or other private sector organizations, of supportive services, nutrition services, and multipurpose senior centers;
(E) organizations representing or employing older individuals or their families; and
(F) organizations that have experience in providing training, placement, and stipends for volunteers or participants who are older individuals (such as organizations carrying out Federal service programs administered by the Corporation for National and Community Service), in community service settings.
(b) Administration of program
(1) In order to effectively carry out the purpose of this subchapter, the Assistant Secretary shall administer programs under this subchapter through the Administration.
(2) In carrying out the provisions of this subchapter, the Assistant Secretary may request the technical assistance and cooperation of the Department of Education, the Department of Labor, the Department of Housing and Urban Development, the Department of Transportation, the Office of Community Services, the Department of Veterans Affairs, the Substance Abuse and Mental Health Services Administration,,1 and such other agencies and departments of the Federal Government as may be appropriate.
(c) Ombudsman program

The Assistant Secretary shall provide technical assistance and training (by contract, grant, or otherwise) to State long-term care ombudsman programs established under section 3027(a)(9) of this title in accordance with section 3058g of this title, and to individuals within such programs designated under section 3058g of this title to be representatives of a long-term care ombudsman, in order to enable such ombudsmen and such representatives to carry out the ombudsman program effectively.

(d) Use of funds
(1) Any funds received under an allotment as described in section 3024(a) of this title, or funds contributed toward the non-Federal share under section 3024(d) of this title, shall be used only for activities and services to benefit older individuals and other individuals as specifically provided for in this subchapter.
(2) No provision of this subchapter shall be construed as prohibiting a State agency or area agency on aging from providing services by using funds from sources not described in paragraph (1).

1 So in original.

42 U.S.C. § 3021

Pub. L. 89-73, title III, §301, as added Pub. L. 95-478, title I, §103(b), Oct. 18, 1978, 92 Stat. 1516; amended Pub. L. 97-115, §3(a), (d), Dec. 29, 1981, 95 Stat. 1596, 1597; Pub. L. 98-459, title III, §301, Oct. 9, 1984, 98 Stat. 1771; Pub. L. 100-175, title I, §§104(b), 105(c), 121, 129(a), Nov. 29, 1987, 101 Stat. 929, 930, 933, 934; Pub. L. 100-628, title VII, §705(3), Nov. 7, 1988, 102 Stat. 3247; Pub. L. 102-54, §13(q)(9)(B), June 13, 1991, 105 Stat. 281; Pub. L. 102-321, title I, §163(c)(2)(B), July 10, 1992, 106 Stat. 377; Pub. L. 102-375, title I, §102(b)(1)(A), title III, §301, title VII, §708(a)(2)(B), Sept. 30, 1992, 106 Stat. 1200, 1219, 1292; Pub. L. 103-171, §3(a)(13), Dec. 2, 1993, 107 Stat. 1990; Pub. L. 106-501, title III, §301, title VIII, §801(c)(1), Nov. 13, 2000, 114 Stat. 2238, 2292; Pub. L. 109-365, title III, §301, Oct. 17, 2006, 120 Stat. 2538; Pub. L. 116-131, title II, §201, Mar. 25, 2020, 134 Stat. 254.

EDITORIAL NOTES

PRIOR PROVISIONSA prior section 3021, Pub. L. 89-73, title III, §301, as added Pub. L. 93-29, title III, §301, May 3, 1973, 87 Stat. 36, related to the purpose of this subchapter, prior to the general amendment of this subchapter by Pub. L. 95-478. Another prior section 3021, Pub. L. 89-73, title III, §301, July 14, 1965, 79 Stat. 220; Pub. L. 90-42, §2(a), July 1, 1967, 81 Stat. 106; Pub. L. 91-69, §2(a), Sept. 17, 1969, 83 Stat. 108, related to a description of activities and authorized appropriations for fiscal years ending June 30, 1966, through 1972, prior to repeal by Pub. L. 93-29, title III, §301, May 3, 1973, 87 Stat. 36.

AMENDMENTS2020-Subsec. (a)(1)(E). Pub. L. 116-131 added subpar. (E).2006-Subsec. (a)(2)(F). Pub. L. 109-365 added subpar. (F).2000-Subsec. (c). Pub. L. 106-501, §801(c)(1), substituted "3027(a)(9)" for "3027(a)(12)". Subsec. (d). Pub. L. 106-501, §301, added subsec. (d). 1993-Subsecs. (b), (c). Pub. L. 103-171 substituted "Assistant Secretary" for "Commissioner" wherever appearing. 1992-Subsec. (a). Pub. L. 102-375, §301, amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: "It is the purpose of this subchapter to encourage and assist State and area agencies to concentrate resources in order to develop greater capacity and foster the development and implementation of comprehensive and coordinated service systems to serve older individuals by entering into new cooperative arrangements in each State with State and area agencies, with Indian tribes, tribal organizations, and Native Hawaiian organizations, and with the providers, including voluntary organizations, of supportive services, including nutrition services and multipurpose senior centers, for the planning, and for the provision of, supportive services, nutrition services, and multipurpose senior centers, in order to-"(1) secure and maintain maximum independence and dignity in a home environment for older individuals capable of self care with appropriate supportive services;"(2) remove individual and social barriers to economic and personal independence for older individuals; and"(3) provide a continuum of care for the vulnerable elderly."Subsec. (b)(1). Pub. L. 102-375, §102(b)(1)(A), substituted "Administration" for "Administration on Aging".Subsec. (b)(2). Pub. L. 102-321 substituted "the Substance Abuse and Mental Health Services Administration" for "the Alcohol, Drug Abuse, and Mental Health Administration".Subsec. (c). Pub. L. 102-375, §708(a)(2)(B), substituted "in accordance with section 3058g of this title, and to individuals within such programs designated under section 3058g of this title" for ", and to individuals designated under such section".1991-Subsec. (b)(2). Pub. L. 102-54 substituted "Department of Veterans Affairs" for "Veterans' Administration".1988-Subsec. (a). Pub. L. 100-628 substituted "Native Hawaiian organizations," for "Native Hawaiian organizations,,".1987-Subsec. (a). Pub. L. 100-175, §121, inserted ", with Indian tribes, tribal organizations, and Native Hawaiian organizations," after second reference to "agencies". Subsec. (b)(2). Pub. L. 100-175, §105(c), inserted "the Alcohol, Drug Abuse, and Mental Health Administration," after "Veterans' Administration,". Pub. L. 100-175, §104(b), inserted ", the Veterans' Administration," after "Office of Community Services". Subsec. (c). Pub. L. 100-175, §129(a), added subsec. (c). 1984-Subsec. (a). Pub. L. 98-459 substituted "area agencies" for "local agencies" in two places, inserted "and implementation", inserted ", including voluntary organizations,", and struck out "for the provision of" after "planning". 1981-Subsec. (a). Pub. L. 97-115, §3(d), substituted "supportive services" for "social services" in two places. Subsec. (b)(2). Pub. L. 97-115, §3(a), substituted "cooperation of the Department of Education, the Department of Labor, the Department of Housing and Urban Development, the Department of Transportation, the Office of Community Services, and such other agencies and departments" for "cooperation of the Department of Labor, the Community Services Administration, the Department of Housing and Urban Development, the Department of Transportation, and such other agencies and departments".

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE OF 1992 AMENDMENTS Amendment by section 708(a)(2)(B) 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)(B) 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.Amendment by Pub. L. 102-321 effective Oct. 1, 1992, see section 801(c) of Pub. L. 102-321 set out as a note under section 836 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.

EFFECTIVE DATESection effective at close of Sept. 30, 1978, see section 504 of Pub. L. 95-478 set out as an Effective Date of 1978 Amendment note under section 3001 of this title.

COORDINATION AND CONSOLIDATION OF SERVICES UNDER CHAPTER Pub. L. 95-478, title I, §103(a), Oct. 18, 1978, 92 Stat. 1516, provided that:"(1) The Congress finds that-"(A) approximately 3 percent of the eligible population is presently served under community services programs authorized under the Older Americans Act of 1965 [this chapter], 17 percent of whom are minority group members;"(B) approximately 1 percent of the eligible population is presently served by the nutrition program authorized under the Older Americans Act of 1965 [this chapter], 21 percent of whom are minority group members;"(C) there is program fragmentation at the national, State, and local levels which inhibits effective use of existing resources; and"(D) coordination and consolidation of services provided under the Older Americans Act of 1965 [this chapter] allowing greater local determination to assess the need for services will facilitate achieving the goals of the Older Americans Act of 1965."(2) It is the purpose of the amendments made by subsection (b) [amending sections 3021 to 3029 of this title and enacting sections 3030 to 3030g of this title] to combine within a consolidated title, subject to the modifications imposed by the provisions and requirements of the amendments made by subsection (b), the programs authorized by title III, title V, and title VII of the Older Americans Act of 1965 [former subchapters III, V, and VII of this chapter, respectively, as in effect prior to their revision by Pub. L. 95-478] in the fiscal year 1978, and funds appropriated to carry out such consolidated title shall be used solely for the purposes and for the assistance of the same types of programs authorized under the provisions of such titles."

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,
drug
the term "drug" means- (A) a beverage containing alcohol,(B) a controlled substance, or(C) a controlled substance analogue,