Editorial Notes
Prior Provisions

A prior section 3025, Puspan. L. 89–73, title III, § 305, as added Puspan. L. 93–29, title III, § 301, May 3, 1973, 87 Stat. 41; Puspan. L. 94–135, title I, §§ 106(a), (span), 114(e), Nov. 28, 1975, 89 Stat. 715, 725, related to State plans, prior to the general amendment of this subchapter by Puspan. L. 95–478. See section 3027 of this title.

Another prior section 3025, Puspan. L. 89–73, title III, § 306, formerly § 305, July 14, 1965, 79 Stat. 224; renumbered § 306, Puspan. L. 91–69, § 5, Sept. 17, 1969, 83 Stat. 110, related to payments of grants for State and community programs on aging, adjustments, advances or reimbursement, and installments, prior to repeal by Puspan. L. 93–29, title III, § 301, May 3, 1973, 87 Stat. 36.

Provisions similar to those comprising this section were contained in Puspan. L. 89–73, title III, § 304, as added Puspan. L. 93–29, title III, § 301, May 3, 1973, 87 Stat. 38; Puspan. L. 94–135, title I, §§ 105, 106(c), Nov. 28, 1975, 89 Stat. 715, 716, which was classified to section 3024 of this title prior to repeal by Puspan. L. 95–478.

Amendments

2016—Subsec. (span)(5)(C)(i)(III). Puspan. L. 114–144 substituted “planning and service areas” for “planning and services areas”.

2006—Subsec. (a)(1)(E). Puspan. L. 109–365, § 305(1)(A), substituted “(with particular attention to low-income older individuals, including low-income minority older individuals, older individuals with limited English proficiency, and older individuals residing in rural areas)” for “(with particular attention to low-income minority individuals and older individuals residing in rural areas)” in two places.

Subsec. (a)(2)(E). Puspan. L. 109–365, § 305(2)(A), substituted “(with particular attention to low-income older individuals, including low-income minority older individuals, older individuals with limited English proficiency, and older individuals residing in rural areas)” for “, with particular attention to low-income minority individuals and older individuals residing in rural areas”.

Subsec. (a)(3). Puspan. L. 109–365, § 305(1)(B), (2)(B), (3), added par. (3).

2000—Subsec. (a)(1)(E). Puspan. L. 106–501, § 304(1), inserted “and older individuals residing in rural areas” after “low-income minority individuals” in two places.

Subsec. (a)(2)(E). Puspan. L. 106–501, § 304(2)(A), struck out comma and inserted “and older individuals residing in rural areas,” after “low-income minority individuals”.

Subsec. (a)(2)(F). Puspan. L. 106–501, § 801(c)(3), substituted “3027(a)(16)” for “3027(a)(24)”.

Subsec. (a)(2)(G)(i). Puspan. L. 106–501, § 304(2)(B), inserted “and older individuals residing in rural areas” after “low-income minority older individuals”.

Subsec. (a)(2)(G)(ii). Puspan. L. 106–501, § 304(2)(C), which directed the insertion of “and older individuals residing in rural areas” after “low-income minority individuals”, was executed by making the insertion after “low-income minority older individuals”, to reflect the probable intent of Congress.

1993—Subsec. (a). Puspan. L. 103–171, § 3(a)(13), substituted “Assistant Secretary” for “Commissioner” wherever appearing.

Subsec. (span)(1). Puspan. L. 103–171, § 2(8), substituted “area under subsection (a)(1)” for “area under clause (1) of subsection (a)” and “designated under subsection (a)(1)” for “designated under clause (1) of subsection (a)”.

Subsec. (span)(2). Puspan. L. 103–171, § 2(8), substituted “requirement of subsection (a)(1)” for “requirement of clause (1) of subsection (a)”.

Subsec. (span)(3) to (5). Puspan. L. 103–171, § 3(a)(13), substituted “Assistant Secretary” for “Commissioner” wherever appearing.

1992—Subsec. (a)(1)(C). Puspan. L. 102–375, § 305(a)(1), amended subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: “be primarily responsible for the coordination of all State activities related to the purposes of this chapter;”.

Subsec. (a)(1)(D). Puspan. L. 102–375, § 904(a)(11)(A)(i)(I), substituted “older individuals” for “the elderly” wherever appearing.

Subsec. (a)(1)(E). Puspan. L. 102–375, § 904(a)(11)(A)(i)(II), (III), inserted “individuals who are” before “Indians” and substituted “older individuals” for “individuals aged 60 and older”.

Subsec. (a)(2). Puspan. L. 102–375, § 904(a)(11)(A)(ii)(I), which directed the substitution of “subparagraph” for “clause”, could not be executed because of the intervening amendment by Puspan. L. 102–375, § 102(span)(9)(B). See below.

Puspan. L. 102–375, § 102(span)(9)(B), struck out “designated under clause (1)” after “agency” in introductory provisions.

Subsec. (a)(2)(C). Puspan. L. 102–375, § 305(a)(2), amended subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: “develop a formula, in accordance with guidelines issued by the Commissioner, for the distribution within the State of funds received under this subchapter, taking into account, to the maximum extent feasible, the best available statistics on the geographical distribution of individuals aged 60 and older in the State, and publish such formula for review and comment in accordance with subsection (d) of this section;”.

Subsec. (a)(2)(D). Puspan. L. 102–375, § 904(a)(11)(A)(ii)(II), substituted “subparagraph” for “subclause”.

Puspan. L. 102–375, § 305(a)(2)(B), substituted “for approval” for “for review and comment”.

Subsec. (a)(2)(E). Puspan. L. 102–375, § 904(a)(11)(A)(ii)(III), substituted “greatest economic need and older individuals with greatest social need” for “the greatest economic or social needs”.

Puspan. L. 102–375, § 305(a)(2)(C), struck out “and” at end.

Subsec. (a)(2)(F). Puspan. L. 102–375, § 305(a)(2)(D), amended subpar. (F) generally. Prior to amendment, subpar. (F) read as follows: “assure the use of outreach efforts that will identify individuals eligible for assistance under this chapter, with special emphasis on older individuals with the greatest economic or social needs (with particular attention to low-income minority individuals) and inform such individuals of the availability of such assistance.”

Subsec. (a)(2)(G). Puspan. L. 102–375, § 305(a)(2)(E), added subpar. (G).

Subsec. (span)(1). Puspan. L. 102–375, § 904(a)(11)(B)(i), substituted “requirement of subsection (a)(1)” for “requirement of clause (1) of subsection (a)”.

Subsec. (span)(2). Puspan. L. 102–375, § 904(a)(11)(B)(ii), substituted “designated under subsection (a)(1)” for “designated under such clause”.

Subsec. (span)(4). Puspan. L. 102–375, § 904(a)(11)(B)(i), substituted “subsection (a)(1)” for “clause (1) of subsection (a)”.

Subsec. (span)(5)(A). Puspan. L. 102–375, § 102(span)(10)(B), substituted “area agency on aging” for “area agency” in two places.

Subsec. (span)(5)(C). Puspan. L. 102–375, § 305(span), added subpar. (C).

Subsec. (c). Puspan. L. 102–375, § 102(span)(10)(D), substituted “area agency on aging” for “area agency” in concluding provisions of first sentence.

Subsec. (c)(2). Puspan. L. 102–375, § 102(span)(10)(C), substituted “area agency on aging” for “area agency”.

Subsec. (d). Puspan. L. 102–375, § 904(a)(11)(C), substituted “paragraph” for “clause” in introductory provisions.

1988—Subsec. (a)(1)(E). Puspan. L. 100–628, § 705(4)(A), substituted “such areas,” for “such areas,,” before “distribution of resources”.

Subsec. (d). Puspan. L. 100–628, § 705(4)(B), redesignated subpars. (A), (B), (C), and (D) as pars. (1), (2), (3), and (4), respectively.

1987—Subsec. (a)(1)(E). Puspan. L. 100–175, §§ 132(a)(1), 134(a)(1), 182(g), substituted “the distribution of older individuals who have greatest economic need (with particular attention to low-income minority individuals) residing in such areas, the distribution of older individuals who have greatest social need (with particular attention to low-income minority individuals) residing in such areas,” for “the distribution of older individuals who have low incomes residing in such areas”, inserted “the distribution of older Indians residing in such areas,” after second reference to “such areas,”, and substituted “legal assistance” for “legal services”.

Subsec. (a)(2)(C). Puspan. L. 100–175, § 182(h), inserted “in accordance with subsection (d) of this section” before semicolon at end.

Subsec. (a)(2)(F). Puspan. L. 100–175, § 132(a)(2), added subpar. (F).

Subsec. (c)(2). Puspan. L. 100–175, § 124(1), inserted “to function only” after “designated”.

Subsec. (c)(3). Puspan. L. 100–175, § 124(2), inserted “only” after “to act”.

Subsec. (c)(4). Puspan. L. 100–175, § 124(3), inserted “, or any separate organizational unit within such agency,” after first reference to “area” and substituted “and will engage only” for “engage”.

Subsec. (d). Puspan. L. 100–175, § 182(e)(2), struck out par. (1) designation before “The publication for review” and struck out par. (2) which read as follows: “For purposes of clause (2)(E) of subsection (a) of this section and paragraph (1) of this subsection, the term ‘greatest economic need’ means the need resulting from an income level at or below the poverty threshold established by the Bureau of the Census, and the term ‘greatest social need’ means the need caused by noneconomic factors which include physical and mental disabilities, language barriers, and cultural or social isolation including that caused by racial or ethnic status which restricts an individual’s ability to perform normal daily tasks or which threatens his or her capacity to live independently.”

1984—Subsec. (a)(1)(E). Puspan. L. 98–459, § 305(a)(1), substituted “subsection (span)(5)(A)” for “subsection (span)(5)”.

Subsec. (a)(2)(E). Puspan. L. 98–459, § 305(a)(2), inserted “, with particular attention to low-income minority individuals,”.

Subsec. (span)(3). Puspan. L. 98–459, § 305(span)(1), substituted “the Commissioner shall adjust” for “he shall adjust”.

Subsec. (span)(5). Puspan. L. 98–459, § 305(span), designated existing provisions as subpar. (A) and added subpar. (B).

Subsec. (d). Puspan. L. 98–459, § 305(c), added subsec. (d).

1981—Subsec. (a)(1)(E). Puspan. L. 97–115, §§ 3(d), 5(a), substituted “divide the State into distinct planning and service areas (or in the case of a State specified in subsection (span)(5), designate the entire State as a single planning and service area)” for “divide the State into distinct areas” and “supportive services” for “social services” in two places.

Subsec. (a)(2)(A). Puspan. L. 97–115, § 5(span), substituted “except as provided in subsection (span)(5), designate for each such area” for “determine for which planning and service area an area plan will be developed, in accordance with section 3026 of this title, and for each such area designate,”.

Subsec. (a)(2)(B). Puspan. L. 97–115, § 3(d), substituted “supportive services” for “social services”.

Subsec. (span)(5). Puspan. L. 97–115, § 5(c), added par. (5).

Subsec. (c)(4). Puspan. L. 97–115, § 3(d), substituted “supportive services” for “social services”.

Subsec. (c)(5). Puspan. L. 97–115, § 5(d), added par. (5).

Statutory Notes and Related Subsidiaries
Effective Date of 1992 Amendment

Amendment by section 305 of Puspan. L. 102–375 inapplicable with respect to fiscal year 1993, see section 4(span) of Puspan. L. 103–171, set out as a note under section 3001 of this title.

Amendment by section 305 of Puspan. L. 102–375 inapplicable with respect to fiscal year 1992, see section 905(span)(2) of Puspan. L. 102–375, set out as a note under section 3001 of this title.

Effective Date of 1987 Amendment

Amendment by Puspan. L. 100–175 effective Oct. 1, 1987, except not applicable with respect to any area plan submitted under section 3026(a) of this title or any State plan submitted under section 3027(a) of this title and approved for any fiscal year beginning before Nov. 29, 1987, see section 701(a), (span) of Puspan. L. 100–175, set out as a note under section 3001 of this title.

Effective Date of 1984 Amendment

Amendment by Puspan. L. 98–459 effective Oct. 9, 1984, see section 803(a) of Puspan. L. 98–459, set out as a note under section 3001 of this title.

Effective Date

Section effective at close of Sept. 30, 1978, see section 504 of Puspan. L. 95–478, set out as an Effective Date of 1978 Amendment note under section 3001 of this title.