USC Subchapter X

USC Subchapter X
in effect

42 U.S.C. § 3057b Findings

The Congress finds that the older individuals who are Indians of the United States— (1) are a rapidly increasing population; (2) suffer from high unemployment; (3) live in poverty at a rate estimated to be as high as 61 percent; (4) have a life expectancy between 3 and 4 years less than the general population; (5) lack sufficient nursing homes, other long-term care facilities, and other health care facilities; (6) lack sufficient Indian area agencies on aging; (7) frequently live in substandard and over-crowded housing; (8) receive less than adequate health care; (9) are served under this subchapter at a rate of less than 19 percent of the total national population of older individuals who are Indians living on Indian reservations; and (10) are served under subchapter III at a rate of less than 1 percent of the total participants under that subchapter.

42 U.S.C. § 3057c Eligibility

(a) CriteriaA 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) LimitationAn 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” definedFor the purposes of this part the terms “Indian tribe” and “tribal organization” have the same meaning as in section 5304 of title 25.

42 U.S.C. § 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.

42 U.S.C. § 3057e Applications

(a) Approval criteria; provisions and assurancesNo grant may be made under this part unless the eligible tribal organization submits an application to the Assistant Secretary which meets such criteria as the Assistant Secretary may by regulation prescribe. Each such application shall—(1) provide that the eligible tribal organization will evaluate the need for supportive and nutrition services among older individuals who are Indians to be represented by the tribal organization; (2) provide for the use of such methods of administration as are necessary for the proper and efficient administration of the program to be assisted; (3) provide that the tribal organization will make such reports in such form and containing such information, as the Assistant Secretary may reasonably require, and comply with such requirements as the Assistant Secretary may impose to assure the correctness of such reports; (4) provide for periodic evaluation of activities and projects carried out under the application; (5) establish objectives consistent with the purposes of this part toward which activities under the application will be directed, identify obstacles to the attainment of such objectives, and indicate the manner in which the tribal organization proposes to overcome such obstacles; (6) provide for establishing and maintaining information and assistance services to assure that older individuals who are Indians to be served by the assistance made available under this part will have reasonably convenient access to such services; (7) provide a preference for older individuals who are Indians for full or part-time staff positions wherever feasible; (8) provide assurances that either directly or by way of grant or contract with appropriate entities nutrition services will be delivered to older individuals who are Indians represented by the tribal organization substantially in compliance with the provisions of part C of subchapter III, except that in any case in which the need for nutritional services for older individuals who are Indians represented by the tribal organization is already met from other sources, the tribal organization may use the funds otherwise required to be expended under this paragraph for supportive services; (9) provide that any legal or ombudsman services made available to older individuals who are Indians represented by the tribal organization will be substantially in compliance with the provisions of subchapter III relating to the furnishing of similar services; (10) provide satisfactory assurance that fiscal control and fund accounting procedures will be adopted as may be necessary to assure proper disbursement of, and accounting for, Federal funds paid under this part to the tribal organization, including any funds paid by the tribal organization to a recipient of a grant or contract; and (11) contain assurances that the tribal organization will coordinate services provided under this part with services provided under subchapter III in the same geographical area. (b) Population statistics developmentFor the purpose of any application submitted under this part, the tribal organization may develop its own population statistics, with approval from the Bureau of Indian Affairs, in order to establish eligibility. (c) Approval by Assistant Secretary(1) The Assistant Secretary shall approve any application which complies with the provisions of subsection (a). (2) The Assistant Secretary shall provide waivers and exemptions of the reporting requirements of subsection (a)(3) for applicants that serve Indian populations in geographically isolated areas, or applicants that serve small Indian populations, where the small scale of the project, the nature of the applicant, or other factors make the reporting requirements unreasonable under the circumstances. The Assistant Secretary shall consult with such applicants in establishing appropriate waivers and exemptions. (3) The Assistant Secretary shall approve any application that complies with the provisions of subsection (a), except that in determining whether an application complies with the requirements of subsection (a)(8), the Assistant Secretary shall provide maximum flexibility to an applicant that seeks to take into account subsistence needs, local customs, and other characteristics that are appropriate to the unique cultural, regional, and geographic needs of the Indian populations to be served. (4) In determining whether an application complies with the requirements of subsection (a)(11), the Assistant Secretary shall require only that an applicant provide an appropriate narrative description of the geographic area to be served and an assurance that procedures will be adopted to ensure against duplicate services being provided to the same recipients. (d) Disapproval by Assistant SecretaryWhenever the Assistant Secretary determines not to approve an application submitted under subsection (a) the Assistant Secretary shall—(1) state objections in writing to the tribal organization within 60 days after such decision; (2) provide to the extent practicable technical assistance to the tribal organization to overcome such stated objections; and (3) provide the tribal organization with a hearing, under such rules and regulations as the Assistant Secretary may prescribe. (e) Funds per yearWhenever the Assistant Secretary approves an application of a tribal organization under this part, funds shall be awarded for not less than 12 months.

42 U.S.C. § 3057e–1 Distribution of funds among tribal organizations

(a) Maintenance of 1991 amountsSubject 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 appropriatedIf 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) DefinitionIn this subsection, the term “covered year” means fiscal year 2006 or a subsequent fiscal year. (2) Consortia of tribal organizationsIf 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.

42 U.S.C. § 3057f Surplus educational facilities

(a) Multipurpose senior centersNotwithstanding 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; contentsEach 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.

42 U.S.C. § 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 11 So in original. Probably should be “indices”. 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.

42 U.S.C. § 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.

42 U.S.C. § 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.

42 U.S.C. § 3057j Application

(a) Approval criteria; provisions and assurancesNo grant may be made under this part unless the public or nonprofit private organization submits an application to the Assistant Secretary which meets such criteria as the Assistant Secretary may by regulation prescribe. Each such application shall—(1) provide that the organization will evaluate the need for supportive and nutrition services among older Native Hawaiians to be represented by the organization; (2) provide for the use of such methods of administration as are necessary for the proper and efficient administration of the program to be assisted; (3) provide assurances that the organization will coordinate its activities with the State agency on aging and with the activities carried out under subchapter III in the same geographical area; (4) provide that the organization will make such reports in such form and containing such information as the Assistant Secretary may reasonably require, and comply with such requirements as the Assistant Secretary may impose to ensure the correctness of such reports; (5) provide for periodic evaluation of activities and projects carried out under the application; (6) establish objectives, consistent with the purpose of this subchapter, toward which activities described in the application will be directed, identify obstacles to the attainment of such objectives, and indicate the manner in which the organization proposes to overcome such obstacles; (7) provide for establishing and maintaining information and assistance services to assure that older Native Hawaiians to be served by the assistance made available under this part will have reasonably convenient access to such services; (8) provide a preference for Native Hawaiians 60 years of age and older for full or part-time staff positions wherever feasible; (9) provide that any legal or ombudsman services made available to older Native Hawaiians represented by the nonprofit private organization will be substantially in compliance with the provisions of subchapter III relating to the furnishing and similar services; and (10) provide satisfactory assurances that the fiscal control and fund accounting procedures will be adopted as may be necessary to assure proper disbursement of, and accounting for, Federal funds paid under this part to the nonprofit private organization, including any funds paid by the organization to a recipient of a grant or contract. (b) Approval by Assistant SecretaryThe Assistant Secretary shall approve any application which complies with the provisions of subsection (a). (c) Disapproval by Assistant SecretaryWhenever the Assistant Secretary determines not to approve an application submitted under subsection (a) the Assistant Secretary shall—(1) state objections in writing to the nonprofit private organization within 60 days after such decision; (2) provide to the extent practicable technical assistance to the nonprofit private organization to overcome such stated objections; and (3) provide the organization with a hearing under such rules and regulations as the Assistant Secretary may prescribe. (d) Funds per yearWhenever the Assistant Secretary approves an application of a nonprofit private or public organization under this part funds shall be awarded for not less than 12 months.

42 U.S.C. § 3057j–1 Distribution of funds among organizations

Subject to the availability of appropriations to carry out this part, the amount of the grant (if any) made under this part to an organization for fiscal year 1992 and for each subsequent fiscal year shall be not less than the amount of the grant made under this part to the organization for fiscal year 1991.

42 U.S.C. § 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.

42 U.S.C. § 3057k–11 Program

(a) In generalThe 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) RequirementsIn 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.

42 U.S.C. § 3057k–21 Program

(a) In generalThe Assistant Secretary may carry out a competitive demonstration program for making grants to tribal organizations or organizations serving Native Hawaiians with applications approved under parts A and B, to pay for the Federal share of carrying out programs, to enable the organizations described in this subsection to build their capacity to provide a wider range of in-home and community supportive services to enable older individuals to maintain their health and independence and to avoid long-term care facility placement. (b) Supportive services(1) In generalSubject to paragraph (2), supportive services described in subsection (a) may include any of the activities described in section 3030d(a) of this title. (2) PriorityThe Assistant Secretary, in making grants under this section, shall give priority to organizations that will use the grant funds for supportive services described in subsection (a) that are for in-home assistance, transportation, information and referral, case management, health and wellness programs, legal services, family caregiver support services, and other services that directly support the independence of the older individuals served. (3) Rule of constructionNothing in this section shall be construed or interpreted to prohibit the provision of supportive services under part A or B.

42 U.S.C. § 3057l Administration

In establishing regulations for the purpose of part A the Assistant Secretary shall consult with the Secretary of the Interior.

42 U.S.C. § 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.

42 U.S.C. § 3057n Authorization of appropriations

There are authorized to be appropriated to carry out this subchapter— (1) for parts A and B, $37,102,560 for fiscal year 2020, $39,298,714 for fiscal year 2021, $41,626,636 for fiscal year 2022, $44,094,235 for fiscal year 2023, and $46,709,889 for fiscal year 2024; and (2) for part C, $10,759,920 for fiscal year 2020, $11,405,515 for fiscal year 2021, $12,089,846 for fiscal year 2022, $12,815,237 for fiscal year 2023, and $13,584,151 for fiscal year 2024.

42 U.S.C. § 3057o Funding set aside

Of the funds appropriated under section 3057n(1) for a fiscal year, not more than 5 percent shall be made available to carry out part D for such fiscal year, provided that for such fiscal year— (1) the funds appropriated for parts A and B are greater than the funds appropriated for fiscal year 2019; and (2) the Assistant Secretary makes available for parts A and B no less than the amount of resources made available for fiscal year 2019.

42 U.S.C. § 3057 Statement of purpose

It is the purpose of this subchapter to promote the delivery of supportive services, including nutrition services to American Indians, Alaskan Natives, and Native Hawaiians that are comparable to services provided under subchapter III.

42 U.S.C. § 3057a Sense of Congress

It is the sense of the Congress that older individuals who are Indians, older individuals who are Alaskan Natives, and older individuals who are Native Hawaiians are a vital resource entitled to all benefits and services available and that such services and benefits should be provided in a manner that preserves and restores their respective dignity, self-respect, and cultural identities.

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