Program authorized

42 U.S.C. § 3030s–1

• Title: 42 — The Public Health and Welfare
• Chapter: 35 — PROGRAMS FOR OLDER AMERICANS
• Subchapter: III
• Part: E
• Current through: Pub. L. 119-99

Text

(a) In general
The Assistant Secretary shall carry out a program for making grants to States with State plans approved under section 3027 of this title, to pay for the Federal share of the cost of carrying out State programs, to enable area agencies on aging, or entities that such area agencies on aging contract with, to provide multifaceted systems of support services—
(1) for family caregivers; and
(2) for older relative caregivers.
(b) Support services
The services provided, which may be informed through the use of caregiver assessments, in a State program under subsection (a), by an area agency on aging, or entity that such agency has contracted with, shall include—
(1) information to caregivers about available services;
(2) assistance to caregivers in gaining access to the services;
(3) individual counseling, organization of support groups, and caregiver training to assist the caregivers in the areas of health, nutrition, and financial literacy, and in making decisions and solving problems relating to their caregiving roles;
(4) respite care to enable caregivers to be temporarily relieved from their caregiving responsibilities; and
(5) supplemental services, on a limited basis, to complement the care provided by caregivers.
(c) Population served; priority
(1) Population served
Services under a State program under this part shall be provided to family caregivers, and older relative caregivers, who—
(A) are described in paragraph (1) or (2) of subsection (a); and
(B) with regard to the services specified in paragraphs (4) and (5) of subsection (b), in the case of a caregiver described in paragraph (1), is providing care to an older individual who meets the condition specified in subparagraph (A)(i) or (B) of section 3002(22) of this title.
(2) Priority
In providing services under this part, the State, in addition to giving the priority described in section 3030s(b) of this title, shall give priority—
(A) to caregivers who are older individuals with greatest social need, and older individuals with greatest economic need (with particular attention to low-income older individuals); and
(B) to older relative caregivers of children with severe disabilities, or individuals with disabilities who have severe disabilities.
(d) Use of volunteers
In carrying out this part, each area agency on aging shall make use of trained volunteers to expand the provision of the available services described in subsection (b) and, if possible, work in coordination with organizations that have experience in providing training, placement, and stipends for volunteers or participants (such as organizations carrying out Federal service programs administered by the Corporation for National and Community Service), in community service settings.
(e) Best practices
Not later than 1 year after March 25, 2020, and every 5 years thereafter, the Assistant Secretary shall—
(1) identify best practices relating to the programs carried out under this section and section 3057k–11 of this title, regarding—
(A) the use of procedures and tools to monitor and evaluate the performance of the programs carried out under such sections;
(B) the use of evidence-based caregiver support services; and
(C) any other issue determined relevant by the Assistant Secretary; and
(2) make available, including on the website of the Administration and pursuant to section 3012(a)(34) of this title, best practices described in paragraph (1), to carry out the programs under this section and section 3057k–11 of this title.
(f) Quality standards and mechanisms and accountability
(1) Quality standards and mechanisms
The State shall establish standards and mechanisms designed to assure the quality of services provided with assistance made available under this part.
(2) Data and records
The State shall collect data and maintain records relating to the State program in a standardized format specified by the Assistant Secretary. The State shall furnish the records to the Assistant Secretary, at such time as the Assistant Secretary may require, in order to enable the Assistant Secretary to monitor State program administration and compliance, and to evaluate and compare the effectiveness of the State programs.
(3) Reports
The State shall prepare and submit to the Assistant Secretary reports on the data and records required under paragraph (2), including information on the services funded under this part, and standards and mechanisms, including caregiver assessments used in the State, by which the quality of the services shall be assured. The reports shall describe any mechanisms used in the State to provide to persons who are family caregivers, or older relative caregivers, information about and access to various services so that the persons can better carry out their care responsibilities.
(g) Caregiver allotment
(1) In general
(A) From sums appropriated under section 3023(e) of this title for a fiscal year, the Assistant Secretary shall allot amounts among the States proportionately based on the population of individuals 70 years of age or older in the States.
(B) In determining the amounts allotted to States from the sums appropriated under section 3023 of this title for a fiscal year, the Assistant Secretary shall first determine the amount allotted to each State under subparagraph (A) and then proportionately adjust such amounts, if necessary, to meet the requirements of paragraph (2).
(C) The number of individuals 70 years of age or older in any State and in all States shall be determined by the Assistant Secretary on the basis of the most recent data available from the Bureau of the Census and other reliable demographic data satisfactory to the Assistant Secretary.
(2) Minimum allotment
(A) The amounts allotted under paragraph (1) shall be reduced proportionately to the extent necessary to increase other allotments under such paragraph to achieve the amounts described in subparagraph (B).
(B)(i) Each State shall be allotted ½ of 1 percent of the amount appropriated for the fiscal year for which the determination is made.
(ii) Guam and the Virgin Islands of the United States shall each be allotted ¼ of 1 percent of the amount appropriated for the fiscal year for which the determination is made.
(iii) American Samoa and the Commonwealth of the Northern Mariana Islands shall each be allotted 1/16 of 1 percent of the amount appropriated for the fiscal year for which the determination is made.
(C) For the purposes of subparagraph (B)(i), the term "State" does not include Guam, American Samoa, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands.
(h) Availability of funds
(1) Use of funds for administration of area plans
Amounts made available to a State to carry out the State program under this part may be used, in addition to amounts available in accordance with section 3023(c)(1) of this title, for costs of administration of area plans.
(2) Federal share
(A) In general
Notwithstanding section 3024(d)(1)(D) of this title, the Federal share of the cost of carrying out a State program under this part shall be 75 percent.
(B) Non-Federal share
The non-Federal share of the cost shall be provided from State and local sources.
(i) Activities of national significance
The Assistant Secretary may award funds authorized under this section to States, public agencies, private nonprofit agencies, institutions of higher education, and organizations, including tribal organizations, for conducting activities of national significance that—
(1) promote quality and continuous improvement in the support provided to family caregivers and older relative caregivers through programs carried out under this section and section 3057k–11 of this title; and
(2) include, with respect to such programs, program evaluation, training, technical assistance, and research.
(j) Technical assistance for caregiver assessments
Not later than 1 year after March 25, 2020, the Assistant Secretary, in consultation with stakeholders with appropriate expertise and, as appropriate, informed by the strategy developed under the RAISE Family Caregivers Act (42 U.S.C. 3030s note), shall provide technical assistance to promote and implement the use of caregiver assessments. Such technical assistance may include sharing available tools or templates, comprehensive assessment protocols, and best practices concerning—
(1) conducting caregiver assessments (including reassessments) as needed;
(2) implementing such assessments that are consistent across a planning and service area, as appropriate; and
(3) implementing caregiver support service plans, including conducting referrals to and coordination of activities with relevant State services.

History

(Pub. L. 89–73, title III, §373, as added Pub. L. 106–501, title III, §316(2), Nov. 13, 2000, 114 Stat. 2254; amended Pub. L. 109–365, title III, §321, Oct. 17, 2006, 120 Stat. 2551; Pub. L. 114–144, §4(l), (m), Apr. 19, 2016, 130 Stat. 341; Pub. L. 116–131, title II, §§217(b), 218(a), Mar. 25, 2020, 134 Stat. 260, 262.)

Editorial Notes

Editorial Notes

References in Text
The RAISE Family Caregivers Act, referred to in subsec. (j), is Pub. L. 115–119, Jan. 22, 2018, 132 Stat. 23, also known as the Recognize, Assist, Include, Support, and Engage Family Caregivers Act of 2017, which is set out as a note under section 3030s of this title.

Amendments
2020—Subsec. (b). Pub. L. 116–131, §217(b)(1), inserted "which may be informed through the use of caregiver assessments," after "provided," in introductory provisions.
Subsec. (e). Pub. L. 116–131, §217(b)(4), added subsec. (e). Former subsec. (e) redesignated (f).
Subsec. (e)(3). Pub. L. 116–131, §217(b)(2), inserted ", including caregiver assessments used in the State," after "mechanisms" in first sentence.
Subsecs. (f) to (h). Pub. L. 116–131, §217(b)(3), redesignated subsecs. (e) to (g) as (f) to (h), respectively.
Subsec. (h)(2)(C). Pub. L. 116–131, §218(a), struck out subpar. (C). Text read as follows: "A State may use not more than 10 percent of the total Federal and non-Federal share available to the State to provide support services to older relative caregivers."
Subsecs. (i), (j). Pub. L. 116–131, §217(b)(5), added subsecs. (i) and (j).
2016—Pub. L. 114–144, §4(m), substituted "this part" for "this subpart" wherever appearing.
Subsec. (a)(2). Pub. L. 114–144, §4(l)(1), substituted "older relative caregivers." for "grandparents or older individuals who are relative caregivers."
Subsec. (c)(1). Pub. L. 114–144, §4(l)(2)(A), in introductory provisions, substituted "older relative caregivers, who" for "grandparents and older individuals who are relative caregivers, and who".
Subsec. (c)(2)(B). Pub. L. 114–144, §4(l)(2)(B), substituted "to older relative caregivers of children with severe disabilities, or individuals with disabilities who have severe disabilities" for "to older individuals providing care to individuals with severe disabilities, including children with severe disabilities".
Subsec. (e)(3). Pub. L. 114–144, §4(l)(3), substituted "older relative caregivers" for "grandparents or older individuals who are relative caregivers".
Subsec. (f)(1)(A). Pub. L. 114–144, §4(l)(4), substituted "for a fiscal year" for "for fiscal years 2007, 2008, 2009, 2010, and 2011".
Subsec. (g)(2)(C). Pub. L. 114–144, §4(l)(5), substituted "older relative caregivers" for "grandparents and older individuals who are relative caregivers of a child who is not more than 18 years of age".
2006—Subsec. (b)(3). Pub. L. 109–365, §321(1), substituted "assist the caregivers in the areas of health, nutrition, and financial literacy, and in making decisions and solving problems relating to their caregiving roles;" for "caregivers to assist the caregivers in making decisions and solving problems relating to their caregiving roles;".
Subsec. (c)(1)(B). Pub. L. 109–365, §321(2)(A), substituted "subparagraph (A)(i) or (B) of section 3002(22)" for "subparagraph (A)(i) or (B) of section 3002(28)".
Subsec. (c)(2). Pub. L. 109–365, §321(2)(B), added par. (2) and struck out former par. (2). Prior to amendment, text read as follows: "In providing services under this subpart, the State shall give priority for services to older individuals with greatest social and economic need, (with particular attention to low-income older individuals) and older individuals providing care and support to persons with mental retardation and related developmental disabilities (as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6001)) (referred to in this subpart as 'developmental disabilities')."
Subsec. (d). Pub. L. 109–365, §321(3), amended subsec. (d) generally. Prior to amendment, text read as follows: "In carrying out this subpart, each area agency on aging shall coordinate the activities of the agency, or entity that such agency has contracted with, with the activities of other community agencies and voluntary organizations providing the types of services described in subsection (b) of this section."
Subsec. (e)(3). Pub. L. 109–365, §321(4), inserted at end "The reports shall describe any mechanisms used in the State to provide to persons who are family caregivers, or grandparents or older individuals who are relative caregivers, information about and access to various services so that the persons can better carry out their care responsibilities."
Subsec. (f)(1)(A). Pub. L. 109–365, §321(5), substituted "2007, 2008, 2009, 2010, and 2011" for "2001 through 2005".
Subsec. (g)(2)(C). Pub. L. 109–365, §321(6), inserted "of a child who is not more than 18 years of age" before period at end.

Statutory Notes and Related Subsidiaries

Monitoring the Impact of the Elimination of the Cap on Funds for Older Relative Caregivers
Pub. L. 116–131, title II, §218(b), Mar. 25, 2020, 134 Stat. 262, provided that:
"(1) Report.—Not later than 18 months after the date of enactment of this Act [Mar. 25, 2020], and annually thereafter, the Assistant Secretary [for Aging] shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Labor [now Committee on Education and the Workforce] of the House of Representatives a report on the impact of the amendment made by subsection (a) [amending this section] to eliminate the limitation on funds that States may allocate to provide support services to older relative caregivers in the National Family Caregiver Support Program established under part E of title III of the Older Americans Act of 1965 (42 U.S.C. 3030s et seq.). Each such report shall also be made available to the public.
"(2) Contents.—For purposes of reports required by paragraph (1), each State that receives an allotment under such National Family Caregiver Support Program for fiscal year 2020 or a subsequent fiscal year shall report to the Assistant Secretary for the fiscal year involved the amount of funds of the total Federal and non-Federal shares described in section 373(h)(2) of the Older Americans Act of 1965 (42 U.S.C. 3030s–1(h)(2)) used by the State to provide support services for older relative caregivers and the amount of such funds so used for family caregivers."