Notes on 42 U.S.C. § 3001 : US Code - Notes

Search Notes on 42 U.S.C. § 3001 : US Code - Notes

(Pub. L. 89-73, title I, Sec. 101, July 14, 1965, 79 Stat. 219;
Pub. L. 93-29, title I, Sec. 102, May 3, 1973, 87 Stat. 30; Pub. L.
95-478, title I, Sec. 101, Oct. 18, 1978, 92 Stat. 1513; Pub. L. 97-
115, Sec. 2(a)(1), Dec. 29, 1981, 95 Stat. 1595; Pub. L. 98-459,
title I, Sec. 102, Oct. 9, 1984, 98 Stat. 1767; Pub. L. 100-175,
title I, Sec. 101, Nov. 29, 1987, 101 Stat. 928; Pub. L. 102-375,
title I, Sec. 101, title IX, Sec. 904(a)(1), Sept. 30, 1992, 106
Stat. 1197, 1305.)
AMENDMENTS
1992 - Par. (4). Pub. L. 102-375, Sec. 101, inserted ", including
support to family members and other persons providing voluntary
care to older individuals needing long-term care services" after
"homes".
Par. (8). Pub. L. 102-375, Sec. 904(a)(1), substituted
"vulnerable older individuals" for "the vulnerable elderly".
1987 - Pub. L. 100-175, Sec. 101(1), substituted "United States,"
for "United States and" and inserted ", and of Indian tribes" after
"subdivisions".
Par. (3). Pub. L. 100-175, Sec. 101(2), substituted "Obtaining
and maintaining suitable" for "Suitable".
Par. (7). Pub. L. 100-175, Sec. 101(3), substituted
"Participating in and contributing to" for "Pursuit of".
Par. (10). Pub. L. 100-175, Sec. 101(4), substituted "lives," for
"lives and", and inserted ", and protection against abuse, neglect,
and exploitation" before period at end.
1984 - Par. (4). Pub. L. 98-459, Sec. 102(a), inserted reference
to a comprehensive array of community-based, long-term care
services adequate to appropriately sustain older people in their
communities and in their homes.
Par. (8). Pub. L. 98-459, Sec. 102(b), inserted reference to
emphasis on maintaining a continuum of care for the vulnerable
elderly.
Par. (10). Pub. L. 98-459, Sec. 102(c), inserted reference to
full participation in the planning and operation of community-based
services and programs provided for the benefit of older people.
1981 - Par. (7). Pub. L. 97-115 included a reference to education
and training.
1978 - Par. (8). Pub. L. 95-478 included objective of community
services which provide a choice in supported living arrangements.
1973 - Par. (8). Pub. L. 93-29 inserted reference to access to
low-cost transportation.
EFFECTIVE DATE OF 1992 AMENDMENT
Pub. L. 103-171, Sec. 4(b), Dec. 2, 1993, 107 Stat. 1991,
provided that: "The amendments made by -
"(1) sections 303(a)(2), 303(a)(3), 304 (excluding paragraphs
(1) and (2) of subsection (a)), 305, 306, 307, and 317 [enacting
sections 3030g-21 and 3030g-22 of this title and amending
sections 3023 to 3027 of this title], and
"(2) title VII [enacting sections 3058 to 3058ee of this title
and amending sections 1395i-3, 1396r, 3012, 3018, 3021, 3023,
3027, 3030d, and 3030l of this title],
of the Older Americans Act Amendments of 1992 (Public Law 102-375;
106 Stat. 1221 et seq.) shall not apply with respect to fiscal year
1993."
Section 905 of Pub. L. 102-375 provided that:
"(a) In General. - Except as provided in section 811(b) [42
U.S.C. 1766 note], any other provision of this Act [see Tables for
classification] (other than this section), and in subsection (b) of
this section, this Act and the amendments made by this Act shall
take effect on the date of the enactment of this Act [Sept. 30,
1992].
"(b) Application of Amendments. -
"(1) Federal council on aging. - Incumbent members of the
Federal Council on Aging may serve on the Council until their
successors are appointed under section 204 of the Older Americans
Act of 1965 (42 U.S.C. 3015) as amended by section 205 of this
Act.
"(2) State and community programs on aging. - The amendments
made by sections 303(a)(2), 303(a)(3), 303(f), 304, 305, 306,
307, 316, 317, and 320 [enacting sections 3030g-11 to 3030g-13,
3030g-21, 3030g-22, and 3030p to 3030r of this title and amending
sections 3023 to 3027 of this title] shall not apply with respect
to fiscal year 1992.
"(3) Project reports. - The amendments made by sections 410,
411, 413, 414, 415, 416, 418, and 419 [enacting sections 3035i,
3035j, 3035l to 3035o, 3035q, and 3035r of this title] shall not
apply with respect to fiscal year 1992.
"(4) Community service employment. - The amendments made by
sections 501, 504, and 506 [enacting section 3056h of this title
and amending sections 3056, 3056d, and 3056e of this title] shall
not apply with respect to fiscal year 1992.
"(5) Indian and native hawaiian programs. - The amendments made
by sections 601 and 603 [amending sections 3057e and 3057j of
this title] shall not apply with respect to fiscal year 1992.
"(6) Vulnerable elder rights protection activities. - The
amendments made by title VII [enacting sections 3058 to 3058k and
3058aa to 3058ee of this title and amending sections 1395i-3,
1396r, 3012, 3018, 3021, 3023, 3027, 3030d, and 3030l of this
title] shall not apply with respect to fiscal year 1992."
EFFECTIVE DATE OF 1987 AMENDMENT
Section 701 of Pub. L. 100-175 provided that:
"(a) General Effective Date. - Except as provided in subsections
(b) and (c), this Act and the amendments made by this Act [see
Short Title of 1987 Amendment note below] shall take effect on
October 1, 1987.
"(b) Application of Amendments. - The amendments made by title I
of this Act [enacting sections 3030h to 3030p, 3035f, 3035g, 3056g,
and 3057 to 3057n of this title, amending sections 3001, 3002, 3011
to 3013, 3015 to 3018, 3020c, 3021 to 3029, 3030a, 3030d, 3030g,
3030aa, 3030bb, 3030jj, 3031, 3032, 3035a, 3035b, 3035d, 3037,
3056, 3056a, 3056d, 3056e, and 3056f of this title, repealing
sections 3058 to 3058d of this title, enacting provisions set out
as notes under this section, sections 3026, 3027, and 3057b of this
title, and section 2 of Title 29, and repealing provisions set out
as a note under section 3058 of this title] shall not apply with
respect to -
"(1) any area plan submitted under section 306(a) of the Older
Americans Act of 1965 [section 3026(a) of this title], or
"(2) any State plan submitted under section 307(a) of such Act
[section 3027(a) of this title],
and approved for any fiscal year beginning before the date of the
enactment of this Act [Nov. 29, 1987].
"(c) Effective Date of Section 506. - The amendments made by
section 506 of this Act [enacting section 2991b-1 of this title and
amending sections 2991a, 2991b, and 2992d of this title] shall take
effect upon the expiration of the 90-day period beginning on the
date of the enactment of this Act [Nov. 29, 1987]."
EFFECTIVE DATE OF 1984 AMENDMENT
Section 803 of Pub. L. 98-459 provided that:
"(a) Except as provided in subsection (b), this Act and the
amendments made by this Act [enacting sections 3030aa, 3030bb,
3030jj, 3034, and 3037b of this title, amending this section,
sections 1762a, 3011 to 3013, 3015 to 3018, 3020b, 3021 to 3029,
3030a, 3030c, 3030d, 3031, 3032, 3035, 3035a to 3035e, 3037, 3037a,
3056, 3056a, 3056d to 3056f, 3057a, 3057c, and 3057g of this title
and sections 623, 630, and 631 of Title 29, Labor, and enacting
provisions set out as notes under this section, section 3056 of
this title, and section 631 of Title 29, and amending provisions
set out as a note under former section 3045 of this title] shall
take effect on the date of the enactment of this Act [Oct. 9,
1984].
"(b)(1) The amendment made by section 206(a) [amending section
3017 of this title] shall take effect 60 days after the date of the
enactment of this Act [Oct. 9, 1984].
"(2) The amendment made by section 206(d) [amending section 3017
of this title] shall take effect on the first day of the first
fiscal year beginnning [sic] after the date of the enactment of
this Act [Oct. 9, 1984].
"(3) The amendment made by section 411(b) [amending section 3037
of this title] shall not apply with respect to any grant or payment
made before the date of the enactment of this Act [Oct. 9, 1984].
"(4) The amendment made by section 701 [enacting subchapter XI of
this chapter] shall take effect on October 1, 1984."
EFFECTIVE DATE OF 1978 AMENDMENT
Section 504 of Pub. L. 95-478 provided that: "This Act [see Short
Title of 1978 Amendment note below], and the amendments made by
this Act, shall take effect at the close of September 30, 1978."
SHORT TITLE OF 2000 AMENDMENT
Pub. L. 106-501, Sec. 1, Nov. 13, 2000, 114 Stat. 2226, provided
that: "This Act [see Tables for classification] may be cited as the
'Older Americans Act Amendments of 2000'."
SHORT TITLE OF 1993 AMENDMENT
Pub. L. 103-171, Sec. 1, Dec. 2, 1993, 107 Stat. 1988, provided
that: "This Act [see Tables for classification] may be cited as the
'Older Americans Act Technical Amendments of 1993'."
SHORT TITLE OF 1992 AMENDMENT
Section 1(a) of Pub. L. 102-375 provided that: "This Act [see
Tables for classification] may be cited as the 'Older Americans Act
Amendments of 1992'."
SHORT TITLE OF 1987 AMENDMENT
Section 1 of Pub. L. 100-175 provided that: "This Act [enacting
sections 280c to 280c-5, 2991b-1, 2991d-1, 2992b-1, 3030h to 3030p,
3035f, 3035g, 3056g, and 3057 to 3057n of this title, amending this
section and sections 1766, 2991a, 2991b, 2991d-1, 2991f, 2992c,
2992d, 3002, 3011 to 3013, 3015 to 3018, 3020c, 3021 to 3029,
3030a, 3030d, 3030g, 3030aa, 3030bb, 3030jj, 3031, 3032, 3035a,
3035b, 3035d, 3037, 3056, 3056a, 3056d, 3056e, and 3056f of this
title, repealing sections 3058 to 3058d, of this title, enacting
provisions set out as notes under this section, sections 201, 285e-
2, 2991, 3026, 3027, and 3057b of this title, and section 2 of
Title 29, Labor, and repealing provisions set out as a note under
section 3058 of this title] may be cited as the 'Older Americans
Act Amendments of 1987'."
SHORT TITLE OF 1986 AMENDMENT
Pub. L. 99-269, Sec. 1, Apr. 1, 1986, 100 Stat. 78, provided:
"That this Act [amending section 3030a of this title and enacting
provisions set out as notes under section 3030a of this title] may
be cited as the 'Older Americans Act Amendments of 1986'."
SHORT TITLE OF 1984 AMENDMENT
Section 1 of Pub. L. 98-459 provided that: "This Act [enacting
sections 3030aa, 3030bb, 3030jj, 3034, 3037b, and 3058 to 3058d of
this title, amending this section, sections 1762a, 3011 to 3013,
3015 to 3018, 3020b, 3021 to 3029, 3030a, 3030c, 3030d, 3031, 3032,
3035, 3035a to 3035e, 3037, 3037a, 3056, 3056a, 3056d to 3056f,
3057a, 3057c, and 3057g of this title, and sections 623, 630, and
631 of Title 29, Labor, and enacting provisions set out as notes
under this section, sections 3056 and 3058 of this title, and
section 631 of Title 29, and amending provisions set out as a note
under section 3045 of this title] may be cited as the 'Older
Americans Act Amendments of 1984'."
SHORT TITLE OF 1981 AMENDMENT
Section 1(a) of Pub. L. 97-115 provided that: "This act [enacting
sections 3031, 3032, 3035 to 3035e, 3037, and 3037a of this title,
amending this section, sections 3002 to 3003, 3012, 3013, 3015 to
3020d, 3021 to 3028, 3030, 3030a, 3030d, 3030g, 3035b, 3035e, 3036,
3056, 3056a, 3056c, 3056d, 3056f, 3057 to 3057g, 8622, 9902 to
9904, and 9911 of this title, and section 1087-2 of Title 20,
Education, repealing section 3014 of this title, and enacting a
provision set out as a note under section 3045 of this title] may
be cited as the 'Older Americans Act Amendments of 1981'."
SHORT TITLE OF 1978 AMENDMENT
Section 1(a) of Pub. L. 95-478 provided that: "This Act [enacting
sections 3020b to 3020d, 3030 to 3030g, 3035b to 3035h, 3057 to
3057g and 6106a of this title, amending this section, sections
3002, 3011 to 3017, 3020a, 3021 to 3029, 3031 to 3035, 3036 to
3037a, 3056 to 3056f, 5001, 5011, 5012, 5082, 6101, 6103 and 6104
of this title, repealing sections 3035a, 3041 to 3041f, 3042 and
3045 to 3045i of this title, enacting provisions set out as notes
under this section and sections 1975c, 3021, and 3045 of this
title, amending provisions set out as a note under this section,
and repealing provision set out as a note under section 3056 of
this title] may be cited as the 'Comprehensive Older Americans Act
Amendments of 1978'."
SHORT TITLE OF 1975 AMENDMENT
Pub. L. 94-135, Sec. 1, Nov. 28, 1975, 89 Stat. 713, provided:
"That this Act [enacting chapter 76 and sections 3002, 3020a, 3024,
3028, 3034, 3045f, and 3056 to 3056f of this title, amending
sections 289k-5, 3002, 3012, 3014, 3015, 3022, 3023, 3024, 3025,
3026, 3028, 3033, 3034, 3037, 3037a, 3041d, 3041f, 3045b, 3045d,
3045e, 3045f, 3045g, 5011, 5012, and 5082 of this title and
sections 1008a, 1208a, and 1341 of Title 20, Education, repealing
sections 3061 to 3067 of this title, enacting provisions set out as
notes under section 5001 of this title and section 871 of Title 29,
Labor, and amending provisions set out as a note under section 2809
of this title] may be cited as the 'Older Americans Amendments of
1975'."
SHORT TITLE OF 1973 AMENDMENT
Section 1 of Pub. L. 93-29 provided: "That this Act [enacting
chapter 35A of this title, subchs. III to V of this chapter,
sections 3003, 3012, 3013 to 3020, 3044, 3045 of this title, and
sections 351, 351c, 361 to 364, 1008a, and 1208a of Title 20,
Education, amending this section, sections 3011, 3012, 3044a,
3044b, 3044e, and 3045a to 3045f of this title, and sections 351c,
351d, 351e, 1211, 1504, and 1505 of Title 20, repealing former
subchs. III (sections 3021 to 3024a, and 3025 of this title), IV
(sections 3031 and 3032 of this title), V (sections 3041 to 3043 of
this title), and VIII (sections 3051 to 3055 of this title) of this
chapter, and enacting provisions set out as notes under sections
2809, 3044b, and 3061 of this title and section 361 of Title 20]
may be cited as the 'Older Americans Comprehensive Services
Amendments of 1973'."
SHORT TITLE OF 1967 AMENDMENT
Pub. L. 90-42, Sec. 1, July 1, 1967, 81 Stat. 106, provided:
"That this Act [enacting section 3043 of this title and amending
sections 3002, 3021, 3022, 3024, 3031, and 3051 to 3053 of this
title] may be cited as the 'Older Americans Act Amendments of
1967'."
SHORT TITLE
Section 1 of Pub. L. 89-73 provided: "That this Act [enacting
this chapter] may be cited as the 'Older Americans Act of 1965'."
Pub. L. 89-73, title III, Sec. 371, as added Pub. L. 106-501,
title III, Sec. 316(2), Nov. 13, 2000, 114 Stat. 2253, provided
that: "This part [part E (Secs. 371-376) of title III of Pub. L. 89-
73, enacting part E of subchapter III of this chapter] may be
cited as the 'National Family Caregiver Support Act'."
Pub. L. 89-73, title V, Sec. 501, as added Pub. L. 106-501, title
V, Sec. 501, Nov. 13, 2000, 114 Stat. 2267, provided that: "This
title [enacting subchapter IX of this chapter] may be cited as the
'Older American Community Service Employment Act'."
Pub. L. 89-73, title V, Sec. 501, formerly title IX, Sec. 901, as
added by Pub. L. 94-135, title I, Sec. 113(a), Nov. 28, 1975, 89
Stat. 720, and renumbered by Pub. L. 95-478, title I, Sec. 105(a),
Oct. 18, 1978, 92 Stat. 1547, provided that title V of Pub. L. 89-
73, enacting former subchapter IX of this chapter, could be cited
as the "Older American Community Service Employment Act", prior to
the general amendment of title V of Pub. L. 89-73 by Pub. L. 106-
501, title V, Sec. 501, Nov. 13, 2000, 114 Stat. 2267.
REGULATIONS
Section 902 of Pub. L. 102-375 provided that: "Except as
otherwise specifically provided, the Secretary of Health and Human
Services shall, not later than 120 days after the date of the
enactment of this Act [Sept. 30, 1992], issue proposed regulations
to carry out the amendments made by titles I through VII [see
Tables for classification]."
STUDY OF EFFECTIVENESS OF STATE LONG-TERM CARE OMBUDSMAN PROGRAMS
Section 211 of Pub. L. 102-375, as amended by Pub. L. 103-171,
Sec. 4(a)(2), Dec. 2, 1993, 107 Stat. 1991, provided that not later
than Jan. 1, 1995, the Assistant Secretary for Aging, in
consultation with State agencies, State Long-Term Care Ombudsmen,
the National Ombudsman Resource Center, and professional ombudsmen
associations, directly, or by grant or contract, was to conduct a
study and submit a report to Congress analyzing separately with
respect to each State effectiveness of State long-term care
ombudsman programs.
STUDY ON BOARD AND CARE FACILITY QUALITY
Section 212 of Pub. L. 102-375 provided that:
"(a) Arrangement for Study Committee. - The Secretary of Health
and Human Services shall enter into an arrangement, in accordance
with subsection (d), to establish a study committee described in
subsection (c) to conduct a study through the Institute of Medicine
of the National Academy of Sciences on the quality of board and
care facilities for older individuals (as defined in section 102
[42 U.S.C. 3002] of the Older Americans Act of 1965 (42 U.S.C. 3001
et seq.)) and the disabled.
"(b) Scope of Study. - The study shall include -
"(1) an examination of existing quality, health, and safety
requirements for board and care facilities and the enforcement of
such requirements for their adequacy and effectiveness, with
special attention to their effectiveness in promoting good
personal care;
"(2) an examination of, and recommendations with respect to,
the appropriate role of Federal, State, and local governments in
assuring the health and safety of residents of board and care
facilities; and
"(3) specific recommendations to the Congress and the
Secretary, by not later than 20 months after the date of the
enactment of this Act [Sept. 30, 1992], concerning the
establishment of minimum national standards for the quality,
health, and safety of residents of such facilities and the
enforcement of such standards.
"(c) Composition of Study Committee. - The study committee shall
be composed of members as appointed from among the following:
"(1) National academy of sciences. - The members of the
National Academy of Sciences with experience in long-term care.
The members so appointed shall include -
"(A) physicians;
"(B) experts on the administration of drugs to older
individuals, and disabled individuals receiving long-term care
services; and
"(C) experts on the enforcement of life-safety codes in long-
term care facilities.
"(2) Residents. - Residents of board and care facilities
(including privately owned board and care facilities), and
representatives of such residents or of organizations that
advocate on behalf of such residents. Members so appointed shall
include -
"(A) residents of a nonprofit board and care facility; or
"(B) individuals who represent -
"(i) residents of nonprofit board and care facilities; or
"(ii) organizations that advocate on behalf of residents of
nonprofit board and care facilities.
"(3) Operators. - Operators of board and care facilities
(including privately owned board and care facilities), and
individuals who represent such operators or organizations that
represent the interests of such operators. Members so appointed
shall include -
"(A) operators of a nonprofit board and care facility; or
"(B) individuals who represent -
"(i) operators of nonprofit board and care facilities; or
"(ii) organizations that represent the interests of
operators of nonprofit board and care facilities.
"(4) Officers. -
"(A) State officers. - Elected and appointed State officers
who have responsibility relating to the health and safety of
residents of board and care facilities.
"(B) Representatives. - Representatives of such officers or
of organizations representing such officers.
"(C) Other individuals. - Other individuals with relevant
expertise.
"(d) Use of Institute of Medicine. - The Secretary shall request
the National Academy of Sciences, through the Institute of
Medicine, to establish, appoint, and provide administrative support
for the study committee under an arrangement under which the actual
expenses incurred by the Academy in carrying out such functions
will be paid by the Secretary. If the National Academy of Sciences
is willing to do so, the Secretary shall enter into such
arrangement with the Academy.
"(e) Involvement of Others. -
"(1) Government officials. - The study committee shall conduct
its work in a manner that provides for the consultation with
Members of Congress or their representatives, officials of the
Department of Health and Human Services, and officials of State
and local governments who are not members of the study committee.
"(2) Experts. - The study committee may consult with any
individual or organization with expertise relating to the issues
involved in the activities of the study committee.
"(f) Report. - Not later than 20 months after an arrangement is
entered into under subsection (d), the study committee shall
submit, to the Secretary, the Speaker of the House of
Representatives, and the President pro tempore of the Senate, a
report containing the results of the study referred to in
subsection (a) and the recommendations made under subsection (b).
"(g) Board and Care Facility Defined. - In this section, the term
'board and care facility' means a facility described in section
1616(e) of the Social Security Act (42 U.S.C. 1372e(e) [42 U.S.C.
1382e(e)]).
"(h) Authorization. - There are authorized to be appropriated to
carry out this section $1,500,000 for fiscal year 1992 and such
sums as may be necessary for subsequent fiscal years."
STUDY ON HOME CARE QUALITY
Section 213 of Pub. L. 102-375 provided that:
"(a) Establishment Study of Committee. - The Secretary of Health
and Human Services shall enter into an arrangement, in accordance
with subsection (d), to establish a study committee described in
subsection (c) to conduct a study through the Institute of Medicine
of the National Academy of Sciences on the quality of home care
services for older individuals and disabled individuals.
"(b) Scope of Study. - The study shall include -
"(1) an examination of existing quality, health and safety
requirements for home care services and the enforcement of such
requirements for their adequacy, effectiveness, and
appropriateness;
"(2) an examination of, and recommendations with respect to,
the appropriate role of Federal, State, and local governments in
ensuring the health and safety of patients and clients of home
care services; and
"(3) specific recommendations to the Congress and the
Secretary, not later than 20 months after the date of the
enactment of this Act [Sept. 30, 1992], concerning the
establishment of minimum national standards for the quality,
health, and safety of patients and clients of such services and
the enforcement of such standards.
"(c) Composition of Study Committee. - The study committee shall
be composed of members appointed from among -
"(1) individuals with experience in long-term care, including
nonmedical home care services;
"(2) patients and clients of home care services (including
privately provided home care services and services funded under
the Older Americans Act of 1965 [42 U.S.C. 3001 et seq.]) or
individuals who represent such patients and clients or
organizations that advocate on behalf of such patients and
clients;
"(3) providers of home care services (including privately
provided home care services and services funded under the Older
Americans Act of 1965) or individuals who represent such
providers or organizations that advocate on behalf of such
providers;
"(4) elected and appointed State officers who have
responsibility relating to the health and safety of patients and
clients of home care services, or representatives of such
officers or of organizations representing such officers; and
"(5) other individuals with relevant expertise.
"(d) Use of Institute of Medicine. - The Secretary shall request
the National Academy of Sciences, through the Institute of
Medicine, to establish, appoint, and provide administrative support
for the committee under an arrangement under which the actual
expenses incurred by the Academy in carrying out such functions
will be paid by the Secretary. If the National Academy of Sciences
is willing to do so, the Secretary shall enter into such
arrangement with the Academy.
"(e) Involvement of Others. -
"(1) Members and officials. - The committee shall conduct its
work in a manner that provides for consultation with Members of
Congress or their representatives, officials of the Department of
Health and Human Services, and officials of State and local
governments who are not members of the committee.
"(2) Individual or organization with expertise. - The committee
may consult with any individual or organization with expertise
relating to the issues involved in the activities of the
committee.
"(f) Report. - Not later than 20 months after an arrangement is
entered into under subsection (d), the committee shall submit, to
the Secretary, the Speaker of the House of Representatives, and the
President pro tempore of the Senate, a report containing the
results of the study referred to in subsection (a).
"(g) Authorization. - There are authorized to be appropriated to
carry out this section $1,000,000 for fiscal year 1992 and such
sums as may be necessary for subsequent fiscal years."
LONG-TERM HEALTH CARE WORKERS
Subtitle A of title VIII of Pub. L. 102-375 provided that:
"SEC. 801. DEFINITIONS.
"As used in this subtitle:
"(1) Nursing home nurse aide. - The term 'nursing home nurse
aide' means an individual employed at a nursing or convalescent
home who assists in the care of patients at such home under the
direction of nursing and medical staff.
"(2) Home health care aide. - The term 'home health care aide'
means an individual who -
"(A) is employed by a government, charitable, nonprofit, or
proprietary agency; and
"(B) cares for elderly, convalescent, or handicapped
individuals in the home of the individuals by performing
routine home assistance (such as housecleaning, cooking, and
laundry) and assisting in the health care of such individuals
under the direction of a physician or nurse.
"SEC. 802. INFORMATION REQUIREMENTS.
"(a) National Center for Health Statistics. - The Director of the
National Center for Health Statistics of the Centers for Disease
Control [now Centers for Disease Control and Prevention] shall
collect, and prepare a report containing -
"(1) demographic information on home health care aides and
nursing home nurse aides, including information on the -
"(A) age, race, marital status, education, number of children
and other dependents, gender, and primary language, of the
aides; and
"(B) location of facilities at which the aides are employed
in -
"(i) rural communities; or
"(ii) urban or suburban communities; and
"(2) information on the role of the aides in providing
institution-based and home-based long-term care.
"(b) Department of Labor. - The Secretary of Labor shall -
"(1) collect, and prepare a report containing, information on
home health care aides, including -
"(A) information on conditions of employment, including -
"(i) the length of employment of the aides with the current
employer of the aides;
"(ii) the number of aides who are -
"(I) employed by a for-profit employer;
"(II) employed by a nonprofit private employer;
"(III) employed by a charitable employer;
"(IV) employed by a government employer; or
"(V) independent contractors;
"(iii) the number of full-time, part-time, and temporary
positions for the aides;
"(iv) the ratio of the aides to professional staff;
"(v) the types of tasks performed by the aides, the level
of skill needed to perform the tasks, and whether the tasks
are completed in a institution-based or home-based setting;
and
"(vi) the average number and range of hours worked each
week by the aides; and
"(B) information on availability of the employment benefits
for home health care aides and a description of the benefits,
including -
"(i) information on health insurance coverage;
"(ii) the type of pension plan coverage;
"(iii) the amount of vacation leave;
"(iv) wage rates; and
"(v) the extent of work-related training provided; and
"(2) collect, and prepare a report containing, information on
nursing home nurse aides, including -
"(A) the information described in subparagraphs (A) and (B)
of paragraph (1); and
"(B) information on -
"(i) the type of facility of the employer of the aides,
such as a skilled nursing facility, as defined in section
1819(a) of the Social Security Act (42 U.S.C. 1395i-3(a)), or
an intermediate care facility within the meaning of section
1121(a) of the Social Security Act (42 U.S.C. 1320a(a));
"(ii) the number of beds at the facility; and
"(iii) the ratio of the aides to residents of the facility.
"SEC. 803. REPORTS.
"(a) Reports to Commissioner on Aging [now Assistant Secretary
for Aging]. -
"(1) Transmittal. -
"(A) National center for health statistics report. - Not
later than March 1, 1994, the Director of the National Center
for Health Statistics of the Centers for Disease Control [now
Centers for Disease Control and Prevention] shall transmit to
the Commissioner on Aging the report required by section
802(a).
"(B) Department of labor reports. -
"(i) Home health care aides. - Not later than March 1,
1993, the Secretary of Labor shall transmit to the
Commissioner on Aging a plan for the collection of the
information described in section 802(b)(1). Not later than
March 1, 1995, the Secretary of Labor shall transmit to the
Commissioner on Aging the report required by section
802(b)(1).
"(ii) Nursing home nurse aides. - Not later than March 1,
1994, the Secretary of Labor shall transmit to the
Commissioner on Aging the report required by section
802(b)(2).
"(2) Preparation. -
"(A) National center for health statistics report. - The
report required by section 802(a) shall be prepared and
organized in such a manner as the Director of the National
Center for Health Statistics may determine to be appropriate.
"(B) Department of labor reports. - The reports required by
paragraphs (1) and (2) of section 802(b) shall be prepared and
organized in such a manner as the Secretary of Labor may
determine to be appropriate.
"(3) Presentation of information. - The reports required by
section 802 shall not identify by name individuals supplying
information for purposes of the reports. The reports shall
present information collected in the aggregate.
"(b) Report to Congress. - The Commissioner on Aging [now
Assistant Secretary for Aging] shall review the reports required by
section 802 and shall submit to the appropriate committees of
Congress a report containing -
"(1) the reports required by section 802;
"(2) the comments of the Commissioner on the reports; and
"(3) additional information, regarding the roles of nursing
home nurse aides and home health care aides in providing long-
term care, obtained through the State Long-Term Care Ombudsman
program established under sections 307(a)(12) and 712 of the
Older Americans Act of 1965 [now 42 U.S.C. 3027(a)(9), 3058g].
"SEC. 804. OCCUPATIONAL CODE.
"The Secretary of Labor shall include an occupational code
covering nursing home nurse aides and an occupational code covering
home health care aides in each wage survey of relevant industries
conducted by the Department of Labor that begins after the date of
enactment of this Act [Sept. 30, 1992]."
LIMITATION ON AUTHORITY TO ENTER INTO CONTRACTS
Section 901 of Pub. L. 102-375 provided that: "Any authority to
enter into contracts under this Act [see Tables for classification]
or an amendment made by this Act shall be effective only to the
extent or in such amounts as are provided in advance in
appropriations Acts."
WHITE HOUSE CONFERENCE ON AGING
Title II of Pub. L. 100-175, as amended by Pub. L. 102-375, title
VIII, Secs. 831-836, 839(a), Sept. 30, 1992, 106 Stat. 1300-1305;
Pub. L. 103-171, Sec. 6, Dec. 2, 1993, 107 Stat. 1992; Pub. L. 106-
501, Sec. 211, Nov. 13, 2000, 114 Stat. 2235, provided that:
"SEC. 201. AUTHORIZATION OF THE CONFERENCE.
"(a) Authority To Call Conference. - Not later than December 31,
2005, the President shall convene the White House Conference on
Aging in order to fulfill the purpose set forth in subsection (c)
and to make fundamental policy recommendations regarding programs
that are important to older individuals and to the families and
communities of such individuals.
"(b) Planning and Direction. - The Conference described in
subsection (a) shall be planned and conducted under the direction
of the Secretary, in cooperation with the Assistant Secretary for
Aging, the Director of the National Institute on Aging, the
Administrator of the Health Care Financing Administration, the
Social Security Administrator, and the heads of such other Federal
agencies serving older individuals as are appropriate. Planning and
conducting the Conference includes the assignment of personnel.
"(c) Purpose. - The purpose of the Conference described in
subsection (a) shall be to gather individuals representing the
spectrum of thought and experience in the field of aging to -
"(1) evaluate the manner in which the objectives of this Act
[probably means the Older Americans Act of 1965, Pub. L. 89-73,
which enacted this chapter] can be met by using the resources and
talents of older individuals, of families and communities of such
individuals, and of individuals from the public and private
sectors;
"(2) evaluate the manner in which national policies that are
related to economic security and health care are prepared so that
such policies serve individuals born from 1946 to 1964 and later,
as the individuals become older individuals, including an
examination of the Social Security, Medicare, and Medicaid
programs carried out under titles II, XVIII, and XIX of the
Social Security Act (42 U.S.C. 401 et seq., 1395 et seq., and
1396 et seq.) in relation to providing services under this Act,
and determine how well such policies respond to the needs of
older individuals; and
"(3) develop not more than 50 recommendations to guide the
President, Congress, and Federal agencies in serving older
individuals.
"(d) Conference Participants and Delegates. -
"(1) Participants. - In order to carry out the purposes of this
section, the Conference shall bring together -
"(A) representatives of Federal, State, and local
governments,
"(B) professional and lay people who are working in the field
of aging, and
"(C) representatives of the general public, particularly
older individuals.
"(2) Selection of delegates. - The delegates shall be selected
without regard to political affiliation or past partisan activity
and shall, to the best of the appointing authority's ability, be
representative of the spectrum of thought in the field of aging.
Delegates shall include individuals who are professionals,
individuals who are nonprofessionals, minority individuals,
individuals from low-income families, representatives of Federal,
State, and local governments, and individuals from rural areas. A
majority of such delegates shall be age 55 or older.
"SEC. 202. CONFERENCE ADMINISTRATION.
"(a) Administration. - In administering this section, the
Secretary shall -
"(1) provide written notice to all members of the Policy
Committee of each meeting, hearing, or working session of the
Policy Committee not later than 48 hours before the occurrence of
such meeting, hearing, or working session,
"(2) request the cooperation and assistance of the heads of
such other Federal departments and agencies as may be appropriate
in the carrying out of this section,
"(3) make available for public comment a proposed agenda,
prepared by the Policy Committee, for the Conference which will
reflect to the greatest extent possible the major issues facing
older individuals consistent with the provisions of subsection
(a),
"(4) prepare and make available background materials for the
use of delegates to the Conference which the Secretary deems
necessary, and
"(5) engage such additional personnel as may be necessary to
carry out the provisions of this section without regard to
provisions of title 5, United States Code, governing appointments
in the competitive service, and without regard to chapter 51 and
subchapter III of chapter 53 of such title relating to
classification and General Schedule pay rates.
"(b) Duties. - The Secretary shall, in carrying out the
Secretary's responsibilities and functions under this section, and
as part of the White House Conference on Aging, ensure that -
"(1) the agenda prepared under subsection (a)(3) for the
Conference is published in the Federal Register not later than 30
days after such agenda is approved by the Policy Committee, and
the Secretary may republish such agenda together with the
recommendations of the Secretary regarding such agenda, and
"(2) the personnel engaged under subsection (a)(5) shall be
fairly balanced in terms of points of views represented and shall
be appointed without regard to political affiliation or previous
partisan activities, [and]
"(3) the recommendations of the Conference are not
inappropriately influenced by any appointing authority or by any
special interest, but will instead be the result of the
independent judgment of the Conference, and
"(4) current and adequate statistical data, including decennial
census data, and other information on the well-being of older
individuals in the United States are readily available, in
advance of the Conference, to the delegates of the Conference,
together with such information as may be necessary to evaluate
Federal programs and policies relating to aging. In carrying out
this subparagraph, the Secretary is authorized to make grants to,
and enter into cooperative agreements with, public agencies and
nonprofit private organizations.
"(c) Gifts. - The Secretary may accept, on behalf of the United
States, gifts (in cash or in kind, including voluntary and
uncompensated services), which shall be available to carry out this
title. Gifts of cash shall be available in addition to amounts
appropriated to carry out this title. Gifts may be earmarked by the
donor or the executive committee for a specific purpose.
"(d) Records. - The Secretary shall maintain records regarding -
"(1) the sources, amounts, and uses of gifts accepted under
subsection (c); and
"(2) the identity of each person receiving assistance to carry
out this title, and the amount of such assistance received by
each such person.
"SEC. 203. POLICY COMMITTEE; RELATED COMMITTEES.
"(a) Policy Committee. -
"(1) Establishment. - There is established a Policy Committee
comprised of 17 members to be selected, not later than 2 years
prior to the date on which the Conference convenes, as follows:
"(A) Presidential appointees. - Nine members shall be
selected by the President and shall include -
"(i) three members who are officers or employees of the
United States; and
"(ii) six members with experience in the field of aging,
including providers and consumers of aging services.
"(B) House appointees. - Two members shall be selected by the
Speaker of the House of Representatives, after consultation
with the Committee on Education and the Workforce and the
Committee on Ways and Means of the House of Representatives,
and two members shall be selected by the Minority Leader of the
House of Representatives, after consultation with such
committees.
"(C) Senate appointees. - Two members shall be selected by
the Majority Leader of the Senate, after consultation with
members of the Committee on Health, Education, Labor, and
Pensions and the Special Committee on Aging of the Senate, and
two members shall be selected by the Minority Leader of the
Senate, after consultation with members of such committees.
"(2) Duties of the policy committee. - The Policy Committee
shall initially meet at the call of the Secretary, but not later
than 30 days after the last member is selected under subsection
(a). Subsequent meetings of the Policy Committee shall be held at
the call of the chairperson of the Policy Committee. Through
meetings, hearings, and working sessions, the Policy Committee
shall -
"(A) make recommendations to the Secretary to facilitate the
timely convening of the Conference;
"(B) formulate and approve a proposed agenda for the
Conference not later than 90 days after the first meeting of
the Policy Committee for the Secretary;
"(C) make recommendations for participants and delegates of
the Conference;
"(D) establish the number of delegates to be selected under
section 201(d)(2);
"(E) establish an executive committee consisting of three to
five members, with a majority of such members being age 55 or
older, to work with Conference staff; and
"(F) establish other committees as needed that have a
majority of members who are age 55 or older.
"(3) Voting; chairperson. -
"(A) Voting. - The Policy Committee shall act by the vote of
a majority of the members present. A quorum of Committee
members shall not be required to conduct Committee business.
"(B) Chairperson. - The President shall select the
chairperson from among the members of the Policy Committee. The
chairperson may vote only to break a tie vote of the other
members of the Policy Committee.
"(b) Advisory and Other Committees. -
"(1) In general. - The President shall establish an advisory
committee to the Conference which shall include representation
from the Federal Council on Aging and other public agencies and
private nonprofit organizations as appropriate. The President
shall consider for appointment to the advisory committee
individuals recommended by the Policy Committee.
"(2) Other committees. - The Secretary may establish such other
committees, including technical committees, as may be necessary
to assist in the planning, conducting, and reviewing of the
Conference.
"(c) Composition of Committees. - Each committee established
under subsection (b) shall be composed of professionals and public
members, and shall include individuals from low-income families and
from minority groups. A majority of the public members of each such
committee shall be 55 years of age or older, and individuals who
are Native Americans.
"(d) Compensation. - Appointed members of any such committee
(other than any officers or employees of the Federal Government),
while attending conferences or meetings of the committee or
otherwise serving at the request of the Secretary, shall be
entitled to receive compensation at a rate to be fixed by the
Secretary, but not to exceed the daily equivalent of the maximum
rate of pay payable under section 5376 of title 5, United States
Code (including travel time). While away from their homes or
regular places of business, such members may be allowed travel
expenses, including per diem in lieu of subsistence, as authorized
under section 5703 of such title for persons employed
intermittently in Federal Government service.
"SEC. 204. REPORT OF THE CONFERENCE.
"(a) Preliminary Report. - Not later than 100 days after the date
on which the Conference adjourns, the Policy Committee shall
publish and deliver to the chief executive officers of the States a
preliminary report on the Conference. Comments on the preliminary
report of the Conference shall be accepted by the Policy Committee.
"(b) Final Report. - Not later than 6 months after the date on
which the Conference adjourns, the Policy Committee shall publish
and transmit to the President and to Congress recommendations
resulting from the Conference and suggestions for any
administrative action and legislation necessary to implement the
recommendations contained within the report.
"SEC. 205. DEFINITIONS.
"For the purposes of this title -
"(1) the term 'area agency on aging' has the meaning given the
term in section 102(17) of the Older Americans Act of 1965 (42
U.S.C. 3002(17)),
"(2) the term 'State agency on aging' means the State agency
designated under section 305(a)(1) of the Act,
"(3) the term 'Secretary' means the Secretary of Health and
Human Services,
"(4) the term 'Conference' means the White House Conference on
Aging, and
"(5) the term 'State' means any of the several States, the
District of Columbia, the Commonwealth of Puerto Rico, Guam,
American Samoa, the Virgin Islands of the United States, the
Trust Territory of the Pacific Islands, or the Commonwealth of
the Northern Mariana Islands.
"SEC. 206. AUTHORIZATION OF APPROPRIATIONS.
"(a) Authorization. -
"(1) In general. - There are authorized to be appropriated to
carry out this section [title] -
"(A) such sums as may be necessary for the first fiscal year
in which the Policy Committee plans the Conference and for the
following fiscal year; and
"(B) such sums as may be necessary for the fiscal year in
which the Conference is held.
"(2) Contracts. - Authority to enter into contracts under this
title shall be effective only to the extent, or in such amounts
as are, provided in advance in appropriations Acts.
"(b) Availability of Funds. -
"(1) In general. - Except as provided in paragraph (3), funds
appropriated to carry out this title and funds received as gifts
under section 202(c) shall remain available for obligation or
expenditure until the expiration of the one-year period beginning
on the date the Conference adjourns.
"(2) Unobligated funds. - Except as provided in paragraph (3),
any such funds neither expended nor obligated before the
expiration of the one-year period beginning on the date the
Conference adjourns shall be available to carry out the Older
Americans Act of 1965 (42 U.S.C. 3001 et seq.).
"(3) Conference not convened. - If the Conference is not
convened before December 31, 2005, such funds neither expended
nor obligated before such date shall be available to carry out
the Older Americans Act of 1965."
[For termination of Trust Territory of the Pacific Islands, see
note set out preceding section 1681 of Title 48, Territories and
Insular Possessions.]
[Section 837 of Pub. L. 102-375 provided that: "All personnel
assigned or engaged under [former] section 202(b) or section
203(a)(5) [now section 202(a)(5)] of the Older Americans Act
Amendments of 1987 [Pub. L. 100-175, set out above] (42 U.S.C. 3001
note) as in effect immediately before the date of the enactment of
this Act [Sept. 30, 1992] shall continue to be assigned or engaged
under such section after such date notwithstanding the amendments
made by this subtitle [amending title II of Pub. L. 100-175, set
out above]."]
Pub. L. 95-478, title II, Secs. 201-207, Oct. 18, 1978, 92 Stat.
1551-1554, as amended by Pub. L. 96-88, title V, Sec. 509(b), Oct.
17, 1979, 93 Stat. 695, authorized the President to call a White
House Conference on Aging in 1981 to develop recommendations
relating to economic well-being, health care, housing, social
services, and employment of the aging.
EXECUTIVE ORDER NO. 11022
Ex. Ord. No. 11022, May 14, 1962, 27 F.R. 4659, as amended by Ex.
Ord. No. 11376, Oct. 17, 1967, 32 F.R. 14545; Ex. Ord. No. 12106,
Dec. 28, 1978, 44 F.R. 1053, which established the President's
Council on Aging and provided for its membership, functions, etc.,
was revoked by Ex. Ord. No. 12379, Sec. 12, Aug. 17, 1982, 47 F.R.
36099, set out as a note under section 14 of the Federal Advisory
Committee Act in the Appendix to Title 5, Government Organization
and Employees.