dreamproit/uscode huggingface dataset:
42 U.S.C. § 3057f (THE PUBLIC HEALTH AND WELFARE)
§ 3057f. Surplus educational facilities
(a) Multipurpose senior centers
Notwithstanding any other provision of law, the Secretary of the Interior through the Bureau of Indian Affairs shall make available surplus Indian educational facilities to tribal organizations, and nonprofit organizations with tribal approval, for use as multipurpose senior centers. Such centers may be altered so as to provide extended care facilities, community center facilities, nutrition services, child care services, and other supportive services.
(b) Applications; submission; contents
Each eligible tribal organization desiring to take advantage of such surplus facilities shall submit an application to the Secretary of the Interior at such time and in such manner, and containing or accompanied by such information, as the Secretary of the Interior determines to be necessary to carry out the provisions of this section.
(Pub. L. 89–73, title VI, § 615, as added Pub. L. 100–175, title I, § 171, Nov. 29, 1987, 101 Stat. 961.)
heading: Prior Provisions
text: A prior section 3057f, Pub. L. 89–73, title VI, § 607, as added Pub. L. 95–478, title I, § 106, Oct. 18, 1978, 92 Stat. 1551, related to payments, prior to the general amendment of this subchapter by Pub. L. 100–175. See section 3057m of this title.
42 U.S.C. § 3057g (THE PUBLIC HEALTH AND WELFARE)
§ 3057g. Findings
The Congress finds the older Native Hawaiians—
(1) have a life expectancy 10 years less than any other ethnic group in the State of Hawaii;
(2) rank lowest on 9 of 11 standard health indicies 1 for all ethnic groups in Hawaii;
(3) are often unaware of social services and do not know how to go about seeking such assistance; and
(4) live in poverty at a rate of 34 percent.
(Pub. L. 89–73, title VI, § 621, as added Pub. L. 100–175, title I, § 171, Nov. 29, 1987, 101 Stat. 961.)
heading: Prior Provisions
text: A prior section 3057g, Pub. L. 89–73, title VI, § 608, as added Pub. L. 95–478, title I, § 106, Oct. 18, 1978, 92 Stat. 1551; amended Pub. L. 97–115, § 13(d), Dec. 29, 1981, 95 Stat. 1608; Pub. L. 98–459, title VI, § 603, Oct. 9, 1984, 98 Stat. 1788, authorized appropriations for grants for Indian tribes, prior to the general amendment of this subchapter by Pub. L. 100–175. See section 3057n of this title.
42 U.S.C. § 3057h (THE PUBLIC HEALTH AND WELFARE)
§ 3057h. Eligibility
A public or nonprofit private organization having the capacity to provide services under this part for Native Hawaiians is eligible for assistance under this part only if—
(1) the organization will serve at least 50 individuals who have attained 60 years of age or older; and
(2) the organization demonstrates the ability to deliver supportive services, including nutrition services.
(Pub. L. 89–73, title VI, § 622, as added Pub. L. 100–175, title I, § 171, Nov. 29, 1987, 101 Stat. 961.)
42 U.S.C. § 3057i (THE PUBLIC HEALTH AND WELFARE)
§ 3057i. Grants authorized
The Assistant Secretary may make grants to public and nonprofit private organizations to pay all of the costs for the delivery of supportive services and nutrition services to older Native Hawaiians.
(Pub. L. 89–73, title VI, § 623, as added Pub. L. 100–175, title I, § 171, Nov. 29, 1987, 101 Stat. 962; amended Pub. L. 103–171, § 3(a)(13), Dec. 2, 1993, 107 Stat. 1990.)
heading: Amendments
text: 1993—Pub. L. 103–171 substituted “Assistant Secretary” for “Commissioner”.
42 U.S.C. § 3057j–1 (THE PUBLIC HEALTH AND WELFARE)
§ 3057j–1. Distribution of funds among organizations
Subject to the availability of appropriations to carry out this part, the amount of the grant (if any) made under this part to an organization for fiscal year 1992 and for each subsequent fiscal year shall be not less than the amount of the grant made under this part to the organization for fiscal year 1991.
(Pub. L. 89–73, title VI, § 624A, as added Pub. L. 102–375, title VI, § 604, Sept. 30, 1992, 106 Stat. 1270.)
42 U.S.C. § 3057k (THE PUBLIC HEALTH AND WELFARE)
§ 3057k. “Native Hawaiian” defined
For the purpose of this part, the term “Native Hawaiian” means any individual any of whose ancestors were natives of the area which consists of the Hawaiian Islands prior to 1778.
(Pub. L. 89–73, title VI, § 625, as added Pub. L. 100–175, title I, § 171, Nov. 29, 1987, 101 Stat. 963.)
42 U.S.C. § 3057k–11 (THE PUBLIC HEALTH AND WELFARE)
§ 3057k–11. Program
(a) In general
The Assistant Secretary shall carry out a program for making grants to tribal organizations with applications approved under parts A and B of this subchapter, to pay for the Federal share of carrying out tribal programs, to enable the tribal organizations to provide multifaceted systems of the support services described in section 3030s–1 of this title for caregivers described in section 3030s–1 of this title.
(b) Requirements
In providing services under subsection (a) of this section, a tribal organization shall meet the requirements specified for an area agency on aging and for a State in the provisions of subsections (c), (d), and (e) of section 3030s–1 of this title and of section 3030s–2 of this title. For purposes of this subsection, references in such provisions to a State program shall be considered to be references to a tribal program under this part.
(Pub. L. 89–73, title VI, § 631, as added Pub. L. 106–501, title VI, § 604(3), Nov. 13, 2000, 114 Stat. 2288.)
heading: Prior Provisions
text: A prior section 631 of Pub. L. 89–73 was renumbered section 641 and is classified to section 3057l of this title.
42 U.S.C. § 3057l (THE PUBLIC HEALTH AND WELFARE)
§ 3057l. Administration
In establishing regulations for the purpose of part A of this subchapter the Assistant Secretary shall consult with the Secretary of the Interior.
(Pub. L. 89–73, title VI, § 641, formerly § 631, as added Pub. L. 100–175, title I, § 171, Nov. 29, 1987, 101 Stat. 963; amended Pub. L. 103–171, § 3(a)(13), Dec. 2, 1993, 107 Stat. 1990; renumbered § 641, Pub. L. 106–501, title VI, § 604(2), Nov. 13, 2000, 114 Stat. 2288.)
heading: Amendments
text: 1993—Pub. L. 103–171 substituted “Assistant Secretary” for “Commissioner”.
42 U.S.C. § 3057m (THE PUBLIC HEALTH AND WELFARE)
§ 3057m. Payments
Payments may be made under this subchapter (after necessary adjustments, in the case of grants, on account of previously made overpayments or underpayments) in advance or by way of reimbursement in such installments and on such conditions, as the Assistant Secretary may determine.
(Pub. L. 89–73, title VI, § 642, formerly § 632, as added Pub. L. 100–175, title I, § 171, Nov. 29, 1987, 101 Stat. 963; amended Pub. L. 103–171, § 3(a)(13), Dec. 2, 1993, 107 Stat. 1990; renumbered § 642, Pub. L. 106–501, title VI, § 604(2), Nov. 13, 2000, 114 Stat. 2288.)
heading: Amendments
text: 1993—Pub. L. 103–171 substituted “Assistant Secretary” for “Commissioner”.
42 U.S.C. § 3057n (THE PUBLIC HEALTH AND WELFARE)
§ 3057n. Authorization of appropriations
There are authorized to be appropriated to carry out this subchapter—
(1) for parts A and B of this subchapter, such sums as may be necessary for fiscal year 2007, and such sums as may be necessary for subsequent fiscal years; and
(2) for part C of this subchapter, $6,500,000 for fiscal year 2007, $6,800,000 for fiscal year 2008, $7,200,000 for fiscal year 2009, $7,500,000 for fiscal year 2010, and $7,900,000 for fiscal year 2011.
(Pub. L. 89–73, title VI, § 643, formerly § 633, as added Pub. L. 100–175, title I, § 171, Nov. 29, 1987, 101 Stat. 963; amended Pub. L. 102–375, title VI, § 605, Sept. 30, 1992, 106 Stat. 1270; renumbered § 643 and amended Pub. L. 106–501, title VI, §§ 603, 604(2), Nov. 13, 2000, 114 Stat. 2288; Pub. L. 109–365, title VI, § 602, Oct. 17, 2006, 120 Stat. 2590.)
heading: Amendments
text: 2006—Par. (1). Pub. L. 109–365, § 602(1), substituted “2007” for “2001”.
Par. (2). Pub. L. 109–365, § 602(2), substituted “$6,500,000 for fiscal year 2007, $6,800,000 for fiscal year 2008, $7,200,000 for fiscal year 2009, $7,500,000 for fiscal year 2010, and $7,900,000 for fiscal year 2011” for “$5,000,000 for fiscal year 2001, and such sums as may be necessary for subsequent fiscal years”.
2000—Pub. L. 106–501, § 603, amended section catchline and text generally, substituting provisions authorizing appropriations for fiscal year 2001 and subsequent years for provisions authorizing appropriations for fiscal years 1992 through 1995.
1992—Pub. L. 102–375 amended section generally, substituting provisions authorizing appropriations of $30,000,000 for fiscal year 1992 and such sums as may be necessary for fiscal years 1993, 1994, and 1995, and designating 90 percent of such appropriations to carry out part A of this subchapter and 10 percent of such appropriations to carry out part B of this subchapter for provisions authorizing appropriations of $13,400,000 for fiscal year 1988, $16,265,000 for fiscal year 1989, $19,133,000 for fiscal year 1990, and $22,105,000 for fiscal year 1991, designating over 90 percent of such appropriations to carry out part A of this subchapter and less than 10 percent of such appropriations to carry out part B of this subchapter, along with provisions providing a preference for funding of such part A if actual amounts of appropriations fall below 1987 levels and a preference for funding of such part B if the actual amounts of appropriations exceed 1987 levels.
42 U.S.C. § 3058 (THE PUBLIC HEALTH AND WELFARE)
§ 3058. Establishment
The Assistant Secretary, acting through the Administration, shall establish and carry out a program for making allotments to States to pay for the cost of carrying out vulnerable elder rights protection activities.
(Pub. L. 89–73, title VII, § 701, as added Pub. L. 102–375, title VII, § 701, Sept. 30, 1992, 106 Stat. 1271; amended Pub. L. 103–171, § 3(a)(13), Dec. 2, 1993, 107 Stat. 1990.)
heading: Prior Provisions
text: A prior section 3058, Pub. L. 89–73, title VII, § 702, as added Pub. L. 98–459, title VII, § 701, Oct. 9, 1984, 98 Stat. 1788, related to Congressional declaration of findings, prior to repeal by Pub. L. 100–175, title I, § 181, title VII, § 701(a), (b), Nov. 29, 1987, 101 Stat. 964, 983, effective Oct. 1, 1987, with certain exceptions.
A prior section 701 of title VII of Pub. L. 89–73, as added by Pub. L. 98–459, title VII, § 701, Oct. 9, 1984, 98 Stat. 1788, provided that this subchapter be cited as the “Older Americans Personal Health Education and Training Act”, prior to repeal by Pub. L. 100–175, title I, § 181, title VII, § 701(a), (b), Nov. 29, 1987, 101 Stat. 964, 983, effective Oct. 1, 1987, with certain exceptions.
Another prior section 701 of Pub. L. 89–73 was classified to section 3045 of this title prior to repeal by Pub. L. 95–478.
heading: Amendments
text: 1993—Pub. L. 103–171 substituted “Assistant Secretary” for “Commissioner”.
heading: Effective Date
text: Subchapter inapplicable with respect to fiscal year 1993, see section 4(b) of Pub. L. 103–171, set out as an Effective Date of 1992 Amendment note under section 3001 of this title.
Subchapter inapplicable with respect to fiscal year 1992, see section 905(b)(6) of Pub. L. 102–375, set out as an Effective Date of 1992 Amendment note under section 3001 of this title.
42 U.S.C. § 3058a (THE PUBLIC HEALTH AND WELFARE)
§ 3058a. Authorization of appropriations
(a) Ombudsman program
There are authorized to be appropriated to carry out subpart II of this part, such sums as may be necessary for fiscal year 2007, and such sums as may be necessary for subsequent fiscal years.
(b) Prevention of elder abuse, neglect, and exploitation
There are authorized to be appropriated to carry out subpart III of this part, such sums as may be necessary for fiscal year 2007, and such sums as may be necessary for subsequent fiscal years.
(c) Legal assistance development program
There are authorized to be appropriated to carry out subpart IV of this part, such sums as may be necessary for fiscal year 2007, and such sums as may be necessary for subsequent fiscal years.
(Pub. L. 89–73, title VII, § 702, as added Pub. L. 102–375, title VII, § 701, Sept. 30, 1992, 106 Stat. 1271; amended Pub. L. 106–501, title VII, § 701, Nov. 13, 2000, 114 Stat. 2289; Pub. L. 109–365, title VII, § 701, Oct. 17, 2006, 120 Stat. 2591.)
heading: Prior Provisions
text: A prior section 3058a, Pub. L. 89–73, title VII, § 703, as added Pub. L. 98–459, title VII, § 701, Oct. 9, 1984, 98 Stat. 1789, related to statement of purposes, prior to repeal by Pub. L. 100–175, title I, § 181, title VIII, § 701(a), (b), Nov. 29, 1987, 101 Stat. 964, 983, effective Oct. 1, 1987, with certain exceptions.
A prior section 702 of Pub. L. 89–73 was classified to section 3045a of this title prior to repeal by Pub. L. 95–478.
heading: Amendments
text: 2006—Pub. L. 109–365 substituted “2007” for “2001” in subsecs. (a) to (c).
2000—Pub. L. 106–501 amended section catchline and text generally, substituting provisions authorizing appropriations for subparts II, III, and IV of this part for fiscal year 2001 and subsequent fiscal years for provisions authorizing appropriations for subparts II, III, IV, and V of this part for fiscal years 1992 through 1995.
42 U.S.C. § 3058c (THE PUBLIC HEALTH AND WELFARE)
§ 3058c. Organization
In order for a State to be eligible to receive allotments under this part—
(1) the State shall demonstrate eligibility under section 3025 of this title;
(2) the State agency designated by the State shall demonstrate compliance with the applicable requirements of section 3025 of this title; and
(3) each area agency on aging designated by the State agency and participating in such a program shall demonstrate compliance with the applicable requirements of section 3025 of this title.
(Pub. L. 89–73, title VII, § 704, as added Pub. L. 102–375, title VII, § 701, Sept. 30, 1992, 106 Stat. 1273.)
heading: Prior Provisions
text: A prior section 3058c, Pub. L. 89–73, title VII, § 705, as added Pub. L. 98–459, title VII, § 701, Oct. 9, 1984, 98 Stat. 1791, related to administration of program, prior to repeal by Pub. L. 100–175, title I, § 181, title VII, § 701(a), (b), Nov. 29, 1987, 101 Stat. 964, 983, effective Oct. 1, 1987, with certain exceptions.
A prior section 704 of Pub. L. 89–73 was classified to section 3045c of this title prior to repeal by Pub. L. 95–478.
42 U.S.C. § 3058f (THE PUBLIC HEALTH AND WELFARE)
§ 3058f. Definitions
As used in this subpart:
(1) Office
The term “Office” means the office established in section 3058g(a)(1)(A) of this title.
(2) Ombudsman
The term “Ombudsman” means the individual described in section 3058g(a)(2) of this title.
(3) Local Ombudsman entity
The term “local Ombudsman entity” means an entity designated under section 3058g(a)(5)(A) of this title to carry out the duties described in section 3058g(a)(5)(B) of this title with respect to a planning and service area or other substate area.
(4) Program
The term “program” means the State Long-Term Care Ombudsman program established in section 3058g(a)(1)(B) of this title.
(5) Representative
The term “representative” includes an employee or volunteer who represents an entity designated under section 3058g(a)(5)(A) of this title and who is individually designated by the Ombudsman.
(6) Resident
The term “resident” means an older individual who resides in a long-term care facility.
(Pub. L. 89–73, title VII, § 711, as added Pub. L. 102–375, title VII, § 702, Sept. 30, 1992, 106 Stat. 1275.)
42 U.S.C. § 3058h (THE PUBLIC HEALTH AND WELFARE)
§ 3058h. Regulations
The Assistant Secretary shall issue and periodically update regulations respecting—
(1) conflicts of interest by persons described in paragraphs (1) and (2) of section 3058g(f) of this title; and
(2) the relationships described in subparagraphs (A) through (D) of section 3058g(f)(3) of this title.
(Pub. L. 89–73, title VII, § 713, as added Pub. L. 102–375, title VII, § 702, Sept. 30, 1992, 106 Stat. 1282; amended Pub. L. 103–171, § 3(a)(13), Dec. 2, 1993, 107 Stat. 1990.)
heading: Amendments
text: 1993—Pub. L. 103–171 substituted “Assistant Secretary” for “Commissioner”.
42 U.S.C. § 3058j (THE PUBLIC HEALTH AND WELFARE)
§ 3058j. State legal assistance development
A State agency shall provide the services of an individual who shall be known as a State legal assistance developer, and the services of other personnel, sufficient to ensure—
(1) State leadership in securing and maintaining the legal rights of older individuals;
(2) State capacity for coordinating the provision of legal assistance;
(3) State capacity to provide technical assistance, training, and other supportive functions to area agencies on aging, legal assistance providers, ombudsmen, and other persons, as appropriate;
(4) State capacity to promote financial management services to older individuals at risk of conservatorship;
(5) State capacity to assist older individuals in understanding their rights, exercising choices, benefiting from services and opportunities authorized by law, and maintaining the rights of older individuals at risk of guardianship; and
(6) State capacity to improve the quality and quantity of legal services provided to older individuals.
(Pub. L. 89–73, title VII, § 731, as added Pub. L. 106–501, title VII, § 706, Nov. 13, 2000, 114 Stat. 2291.)
heading: Prior Provisions
text: A prior section 3058j, Pub. L. 89–73, title VII, § 731, as added Pub. L. 102–375, title VII, § 704, Sept. 30, 1992, 106 Stat. 1285, related to State elder rights and legal assistance development, prior to repeal by Pub. L. 106–501, title VII, § 706, Nov. 13, 2000, 114 Stat. 2291.
42 U.S.C. § 3058k (THE PUBLIC HEALTH AND WELFARE)
§ 3058k. Repealed. Pub. L. 106–501, title VII, § 706, Nov. 13, 2000, 114 Stat. 2291
text: Section, Pub. L. 89–73, title VII, § 741, as added Pub. L. 102–375, title VII, § 705(b), Sept. 30, 1992, 106 Stat. 1287; amended Pub. L. 103–171, § 3(a)(13), Dec. 2, 1993, 107 Stat. 1990, related to State outreach, counseling, and assistance program for insurance and public benefits.
42 U.S.C. § 3058aa–1 (THE PUBLIC HEALTH AND WELFARE)
§ 3058aa–1. Grants to promote comprehensive State elder justice systems
(a) Purpose and authority
For each fiscal year, the Assistant Secretary may make grants to States, on a competitive basis, in accordance with this section, to promote the development and implementation, within each such State, of a comprehensive elder justice system, as defined in subsection (b).
(b) Comprehensive elder justice system defined
In this section, the term “comprehensive elder justice system” means an integrated, multidisciplinary, and collaborative system for preventing, detecting, and addressing elder abuse, neglect, and exploitation in a manner that—
(1) provides for widespread, convenient public access to the range of available elder justice information, programs, and services;
(2) coordinates the efforts of public health, social service, and law enforcement authorities, as well as other appropriate public and private entities, to identify and diminish duplication and gaps in the system;
(3) provides a uniform method for the standardization, collection, management, analysis, and reporting of data; and
(4) provides such other elements as the Assistant Secretary determines appropriate.
(c) Applications
To be eligible to receive a grant under this section for a fiscal year, a State shall submit an application to the Assistant Secretary, at such time, in such manner, and containing such information and assurances as the Assistant Secretary determines appropriate.
(d) Amount of grants
The amount of a grant to a State with an application approved under this section for a fiscal year shall be such amount as the Assistant Secretary determines appropriate.
(e) Use of funds
(1) In general
A State that receives a grant under this section shall use funds made available through such grant to promote the development and implementation of a comprehensive elder justice system by—
(A) establishing formal working relationships among public and private providers of elder justice programs, service providers, and stakeholders in order to create a unified elder justice network across such State to coordinate programmatic efforts;
(B) facilitating and supporting the development of a management information system and standard data elements;
(C) providing for appropriate education (including educating the public about the range of available elder justice information, programs, and services), training, and technical assistance; and
(D) taking such other steps as the Assistant Secretary determines appropriate.
(2) Maintenance of effort
Funds made available to States pursuant to this section shall be used to supplement and not supplant other Federal, State, and local funds expended to support activities described in paragraph (1).
(Pub. L. 89–73, title VII, § 752, as added Pub. L. 109–365, title VII, § 704(2), Oct. 17, 2006, 120 Stat. 2593.)
42 U.S.C. § 3058bb (THE PUBLIC HEALTH AND WELFARE)
§ 3058bb. Definitions
As used in this subchapter:
(1) Elder right
The term “elder right” means a right of an older individual.
(2) Vulnerable elder rights protection activity
The term “vulnerable elder rights protection activity” means an activity funded under part A of this subchapter.
(Pub. L. 89–73, title VII, § 761, as added Pub. L. 102–375, title VII, § 707, Sept. 30, 1992, 106 Stat. 1291; amended Pub. L. 106–501, title VIII, § 801(e)(4), Nov. 13, 2000, 114 Stat. 2293.)
heading: Amendments
text: 2000—Par. (2). Pub. L. 106–501 substituted “part A of this subchapter” for “subpart II, III, IV, or V of this subchapter”.
42 U.S.C. § 3058cc (THE PUBLIC HEALTH AND WELFARE)
§ 3058cc. Administration
A State agency may carry out vulnerable elder rights protection activities either directly or through contracts or agreements with public or nonprofit private agencies or organizations, such as—
(1) other State agencies;
(2) area agencies on aging;
(3) county governments;
(4) institutions of higher education;
(5) Indian tribes; or
(6) nonprofit service providers or volunteer organizations.
(Pub. L. 89–73, title VII, § 762, as added Pub. L. 102–375, title VII, § 707, Sept. 30, 1992, 106 Stat. 1291; amended Pub. L. 106–501, title VIII, § 801(e)(5), Nov. 13, 2000, 114 Stat. 2293.)
heading: Amendments
text: 2000—Pub. L. 106–501 struck out “or an entity described in section 3058aa(c) of this title” after “A State agency” in introductory provisions.
42 U.S.C. § 3058dd (THE PUBLIC HEALTH AND WELFARE)
§ 3058dd. Technical assistance
(a) Other agencies
In carrying out the provisions of this subchapter, the Assistant Secretary may request the technical assistance and cooperation of such Federal entities as may be appropriate.
(b) Assistant Secretary
The Assistant Secretary shall provide technical assistance and training (by contract, grant, or otherwise) to persons and entities that administer programs established under this subchapter.
(Pub. L. 89–73, title VII, § 763, as added Pub. L. 102–375, title VII, § 707, Sept. 30, 1992, 106 Stat. 1291; amended Pub. L. 103–171, § 3(a)(11), (13), Dec. 2, 1993, 107 Stat. 1990.)
heading: Amendments
text: 1993—Subsec. (a). Pub. L. 103–171, § 3(a)(13), substituted “Assistant Secretary” for “Commissioner”.
Subsec. (b). Pub. L. 103–171, § 13(a)(11), (13), substituted “Assistant Secretary” for “Commissioner” in heading and text.