dreamproit/uscode huggingface dataset:
42 U.S.C. § 3057c (THE PUBLIC HEALTH AND WELFARE)
§ 3057c. Eligibility
(a) Criteria
A tribal organization of an Indian tribe is eligible for assistance under this part only if—
(1) the tribal organization represents at least 50 individuals who are 60 years of age or older; and
(2) the tribal organization demonstrates the ability to deliver supportive services, including nutritional services.
(b) Limitation
An Indian tribe represented by an organization specified in subsection (a) shall be eligible for only one grant under this part for any fiscal year. Nothing in this subsection shall preclude an Indian tribe represented by an organization specified in subsection (a) from receiving a grant under section 3057k–11 of this title.
(c) “Indian tribe” and “tribal organization” defined
For the purposes of this part the terms “Indian tribe” and “tribal organization” have the same meaning as in section 5304 of title 25.
(Pub. L. 89–73, title VI, § 612, as added Pub. L. 100–175, title I, § 171, Nov. 29, 1987, 101 Stat. 959; amended Pub. L. 106–501, title VI, § 601, Nov. 13, 2000, 114 Stat. 2287.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 3057c, Pub. L. 89–73, title VI, § 604, as added Pub. L. 95–478, title I, § 106, Oct. 18, 1978, 92 Stat. 1549; amended Pub. L. 97–115, § 13(b), Dec. 29, 1981, 95 Stat. 1608; Pub. L. 98–459, title VI, § 602, Oct. 9, 1984, 98 Stat. 1788, related to applications for assistance, prior to the general amendment of this subchapter by Pub. L. 100–175. See section 3057e of this title.
heading: Amendments
text: 2000—Subsecs. (b), (c). Pub. L. 106–501 added subsec. (b) and redesignated former subsec. (b) as (c).
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: 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.
42 U.S.C. § 3057d (THE PUBLIC HEALTH AND WELFARE)
§ 3057d. Grants authorized
The Assistant Secretary may make grants to eligible tribal organizations to pay all of the costs for delivery of supportive services and nutrition services for older individuals who are Indians.
(Pub. L. 89–73, title VI, § 613, as added Pub. L. 100–175, title I, § 171, Nov. 29, 1987, 101 Stat. 960; amended Pub. L. 102–375, title IX, § 904(a)(22), Sept. 30, 1992, 106 Stat. 1309; Pub. L. 103–171, § 3(a)(13), Dec. 2, 1993, 107 Stat. 1990.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 3057d, Pub. L. 89–73, title VI, § 605, as added Pub. L. 95–478, title I, § 106, Oct. 18, 1978, 92 Stat. 1551; amended Pub. L. 97–115, § 13(c), Dec. 29, 1981, 95 Stat. 1608, provided that in establishing administrative regulations the Commissioner consult with the Secretary of the Interior, prior to the general amendment of this subchapter by Pub. L. 100–175. See section 3057l of this title.
heading: Amendments
text: 1993—Pub. L. 103–171 substituted “Assistant Secretary” for “Commissioner”.
1992—Pub. L. 102–375 inserted “individuals who are” after “older”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: 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.
42 U.S.C. § 3057e–1 (THE PUBLIC HEALTH AND WELFARE)
§ 3057e–1. Distribution of funds among tribal organizations
(a) Maintenance of 1991 amounts
Subject to the availability of appropriations to carry out this part, the amount of the grant (if any) made under this part to a tribal 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 tribal organization for fiscal year 1991.
(b) Use of additional amounts appropriated
If the funds appropriated to carry out this part in a fiscal year subsequent to fiscal year 1991 exceed the funds appropriated to carry out this part in fiscal year 1991, then the amount of the grant (if any) made under this part to a tribal organization for the subsequent fiscal year shall be—
(1) increased by such amount as the Assistant Secretary considers to be appropriate, in addition to the amount of any increase required by subsection (a), so that the grant equals or more closely approaches the amount of the grant made under this part to the tribal organization for fiscal year 1980; or
(2) an amount the Assistant Secretary considers to be sufficient if the tribal organization did not receive a grant under this part for either fiscal year 1980 or fiscal year 1991.
(c) Clarification
(1) Definition
In this subsection, the term “covered year” means fiscal year 2006 or a subsequent fiscal year.
(2) Consortia of tribal organizations
If a tribal organization received a grant under this part for fiscal year 1991 as part of a consortium, the Assistant Secretary shall consider the tribal organization to have received a grant under this part for fiscal year 1991 for purposes of subsections (a) and (b), and shall apply the provisions of subsections (a) and (b)(1) (under the conditions described in subsection (b)) to the tribal organization for each covered year for which the tribal organization submits an application under this part, even if the tribal organization submits—
(A) a separate application from the remaining members of the consortium; or
(B) an application as 1 of the remaining members of the consortium.
(Pub. L. 89–73, title VI, § 614A, as added Pub. L. 102–375, title VI, § 602, Sept. 30, 1992, 106 Stat. 1270; amended Pub. L. 103–171, § 3(a)(13), Dec. 2, 1993, 107 Stat. 1990; Pub. L. 109–365, title VI, § 601(a), Oct. 17, 2006, 120 Stat. 2590.)
heading: Editorial Notes
heading: Amendments
text: 2006—Subsec. (c). Pub. L. 109–365 added subsec. (c).
1993—Subsec. (b). Pub. L. 103–171 substituted “Assistant Secretary” for “Commissioner” in pars. (1) and (2).
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2006 Amendment
text: Pub. L. 109–365, title VI, § 601(b), Oct. 17, 2006, 120 Stat. 2590, provided that: “The amendment made by subsection (a) [amending this section] shall apply to grants awarded under part A of title VI of the Older Americans Act of 1965 (42 U.S.C. 3057b et seq.) during the grant period beginning April 1, 2008, and all subsequent grant periods.”
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: Editorial Notes
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.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: 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.
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: Editorial Notes
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.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: 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.
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.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: 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.
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: Editorial Notes
heading: Amendments
text: 1993—Pub. L. 103–171 substituted “Assistant Secretary” for “Commissioner”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: 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.
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.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: 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.
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, 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), 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 (f) 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; amended Pub. L. 116–131, title II, § 217(d), Mar. 25, 2020, 134 Stat. 262.)
heading: Editorial Notes
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.
heading: Amendments
text: 2020—Subsec. (b). Pub. L. 116–131 substituted “(c), (d), and (f)” for “(c), (d), and (e)”.
42 U.S.C. § 3057l (THE PUBLIC HEALTH AND WELFARE)
§ 3057l. Administration
In establishing regulations for the purpose of part A 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: Editorial Notes
heading: Amendments
text: 1993—Pub. L. 103–171 substituted “Assistant Secretary” for “Commissioner”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: 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.
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: Editorial Notes
heading: Amendments
text: 1993—Pub. L. 103–171 substituted “Assistant Secretary” for “Commissioner”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: 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.
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: Editorial Notes
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: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section 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.
Section 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. § 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: Editorial Notes
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.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section 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. § 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 individual of any age 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; amended Pub. L. 114–144, § 8(b), Apr. 19, 2016, 130 Stat. 347; Pub. L. 116–131, title II, § 202(2), Mar. 25, 2020, 134 Stat. 254.)
heading: Editorial Notes
heading: Amendments
text: 2020—Par. (6). Pub. L. 116–131 inserted “of any age” after “individual”.
2016—Par. (6). Pub. L. 114–144 struck out “older” before “individual”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section 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. § 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 subparagraphs (A) and (B) of section 3058g(f)(1) of this title; and
(2) the relationships described in clauses (i) through (vi) of section 3058g(f)(1)(C) 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; Pub. L. 114–144, § 8(d), Apr. 19, 2016, 130 Stat. 351.)
heading: Editorial Notes
heading: Amendments
text: 2016—Par. (1). Pub. L. 114–144, § 8(d)(1), substituted “subparagraphs (A) and (B) of section 3058g(f)(1)” for “paragraphs (1) and (2) of section 3058g(f)”.
Par. (2). Pub. L. 114–144, § 8(d)(2), substituted “clauses (i) through (vi) of section 3058g(f)(1)(C)” for “subparagraphs (A) through (D) of section 3058g(f)(3)”.
1993—Pub. L. 103–171 substituted “Assistant Secretary” for “Commissioner”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section 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.
Section 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.