Title 42, The Public Health and WelfareRelease 119-110

§3011 Establishment of Administration on Aging

Title 42 › CHAPTER 35 — PROGRAMS FOR OLDER AMERICANS › SUBCHAPTER II — ADMINISTRATION ON AGING › § 3011

Last updated Sep 22, 2026|Official source

Summary

Creates an Administration on Aging inside the Secretary’s office, led by an Assistant Secretary for Aging who is appointed by the President with Senate approval. The Assistant Secretary reports directly to the Secretary, and the Secretary cannot hand off the Assistant Secretary’s duties to someone who does not report to the Assistant Secretary. The Administration runs most programs in this chapter and includes an Office for American Indian, Alaskan Native, and Native Hawaiian Programs with a Director appointed by the Assistant Secretary. That Director must evaluate and improve outreach and services for older Native people, act as their advocate across federal agencies, coordinate federal work, manage related grants, recommend policies, collect and share information and research, provide training and technical help, and promote better coordination between programs and in the States. The Administration also has an Office of Long-Term Care Ombudsman Programs led by a Director chosen by the Assistant Secretary who must have long-term care advocacy experience and who cannot have recent employment, ownership, or conflicts with long-term care facilities. The Director must advocate for residents of long-term care, review and advise on State ombudsman plans and budgets, recommend policies and monitoring methods, inform leaders about problems, oversee related Administration activities, run the National Ombudsman Resource Center, investigate possible federal law violations that affect older people, set required training standards no later than 180 days after April 19, 2016, collect best practices on elder abuse in care facilities and publish them, and send an annual report to the Speaker of the House and the President pro tempore of the Senate. The Assistant Secretary must also name staff for elder abuse prevention and for mental and behavioral health services to set priorities, plans, data collection, research, training, and support for State efforts, including work on dementia, depression, Alzheimer’s disease, and related brain disorders. Finally, the Assistant Secretary must create a Research, Demonstration, and Evaluation Center for the Aging Network, led by an experienced director, to coordinate research, evaluate programs, run demonstration projects (with priority for underserved groups), share findings, and provide technical help. That director must publish a draft five-year plan in the Federal Register by October 1, 2020 and every five years for public comment, coordinate with other agencies, and submit annual reports beginning December 31, 2020 to the Secretary, the Senate Committee on Health, Education, Labor, and Pensions, the Senate Special Committee on Aging, and the House Committee on Education and Labor.

Full Legal Text

Title 42, §3011

The Public Health and Welfare, Source: USLM XML via OLRC

(a)Function and operation
There is established in the Office of the Secretary an Administration on Aging which shall be headed by an Assistant Secretary for Aging. Except for subchapter IX, the Administration shall be the agency for carrying out this chapter. There shall be a direct reporting relationship between the Assistant Secretary and the Secretary. In the performance of the functions of the Assistant Secretary, the Assistant Secretary shall be directly responsible to the Secretary. The Secretary shall not approve or require any delegation of the functions of the Assistant Secretary (including the functions of the Assistant Secretary carried out through regional offices) to any other officer not directly responsible to the Assistant Secretary.
(b)Appointment of Assistant Secretary
The Assistant Secretary shall be appointed by the President by and with the advice and consent of the Senate.
(c)Office for American Indian, Alaskan Native, and Native Hawaiian Programs; Director (d) Office of Long-Term Care Ombudsman Programs
(1)There is established in the Administration an Office for American Indian, Alaskan Native, and Native Hawaiian Programs.
(2)The Office shall be headed by a Director of the Office for American Indian, Alaskan Native, and Native Hawaiian Aging appointed by the Assistant Secretary.
(3)The Director of the Office for American Indian, Alaskan Native, and Native Hawaiian Aging shall—
(A)(i)evaluate the adequacy of outreach under subchapter III and subchapter X for older individuals who are Native Americans and recommend to the Assistant Secretary necessary action to improve service delivery, outreach, coordination between subchapter III and subchapter X services, and particular problems faced by older Indians and Native Hawaiians; and
(ii)include a description of the results of such evaluation and recommendations in the annual report required by section 3018(a) of this title to be submitted by the Assistant Secretary;
(B)serve as the effective and visible advocate in behalf of older individuals who are Native Americans within the Department of Health and Human Services and with other departments and agencies of the Federal Government regarding all Federal policies affecting such individuals, with particular attention to services provided to Native Americans by the Indian Health Service;
(C)coordinate activities between other Federal departments and agencies to assure a continuum of improved services through memoranda of agreements or through other appropriate means of coordination;
(D)administer and evaluate the grants provided under this chapter to Indian tribes, public agencies and nonprofit private organizations serving Native Hawaiians;
(E)recommend to the Assistant Secretary policies and priorities with respect to the development and operation of programs and activities conducted under this chapter relating to older individuals who are Native Americans;
(F)collect and disseminate information related to problems experienced by older Native Americans, including information (compiled with assistance from public or nonprofit private entities, including institutions of higher education, with experience in assessing the characteristics and health status of older individuals who are Native Americans) on elder abuse, in-home care, health problems, and other problems unique to Native Americans;
(G)develop research plans, and conduct and arrange for research, in the field of American Native aging with a special emphasis on the gathering of statistics on the status of older individuals who are Native Americans;
(H)develop and provide technical assistance and training programs to grantees under subchapter X;
(I)promote coordination—
(i)between the administration of subchapter III and the administration of subchapter X; and
(ii)between programs established under subchapter III by the Assistant Secretary and programs established under subchapter X by the Assistant Secretary;
including sharing among grantees information on programs funded, and on training and technical assistance provided, under such subchapters; and
(J)serve as the effective and visible advocate on behalf of older individuals who are Indians, Alaskan Natives, and Native Hawaiians, in the States to promote the enhanced delivery of services and implementation of programs, under this chapter and other Federal Acts, for the benefit of such individuals.
(e)Elder abuse prevention and services
(1)The Assistant Secretary is authorized to designate within the Administration a person to have responsibility for elder abuse prevention and services.
(2)It shall be the duty of the Assistant Secretary, acting through the person designated to have responsibility for elder abuse prevention and services, and in coordination with the heads of State adult protective services programs and the Director of the Office of Long-Term Care Ombudsman Programs—
(A)to develop objectives, priorities, policy, and a long-term plan for—
(i)facilitating the development, implementation, and continuous improvement of a coordinated, multidisciplinary elder justice system in the United States;
(ii)providing Federal leadership to support State efforts in carrying out elder justice programs and activities relating to—
(I)elder abuse prevention, detection, treatment, intervention, and response;
(II)training of individuals regarding the matters described in subclause (I); and
(III)the development of a State comprehensive elder justice system, as defined in section 3058aa–1(b) of this title;
(iii)establishing Federal guidelines and disseminating best practices for uniform data collection and reporting by States;
(iv)working with States, the Department of Justice, and other Federal entities to annually collect, maintain, and disseminate data relating to elder abuse, neglect, and exploitation, to the extent practicable;
(v)establishing an information clearinghouse to collect, maintain, and disseminate information concerning best practices and resources for training, technical assistance, and other activities to assist States and communities to carry out evidence-based programs to prevent and address elder abuse, neglect, and exploitation;
(vi)conducting research related to elder abuse, neglect, and exploitation;
(vii)providing technical assistance to States and other eligible entities that provide or fund the provision of the services described in subchapter XI;
(viii)carrying out a study to determine the national incidence and prevalence of elder abuse, neglect, and exploitation in all settings; and
(ix)promoting collaborative efforts and diminishing duplicative efforts in the development and carrying out of elder justice programs at the Federal, State and local levels; and
(B)to assist States and other eligible entities under subchapter XI to develop strategic plans to better coordinate elder justice activities, research, and training.
(3)The Secretary, acting through the Assistant Secretary, may issue such regulations as may be necessary to carry out this subsection and section 3058aa–1 of this title.
(f)Mental health services
(1)The Assistant Secretary may designate an officer or employee who shall be responsible for the administration of mental and behavioral health services authorized under this chapter.
(2)It shall be the duty of the Assistant Secretary, acting through the individual designated under paragraph (1), to develop objectives, priorities, and a long-term plan for supporting State and local efforts involving education about and prevention, detection, and treatment of mental disorders, including age-related dementia, depression, and Alzheimer’s disease and related neurological disorders with neurological and organic brain dysfunction.
(g)Research, Demonstration, and Evaluation Center for the Aging Network
(1)The Assistant Secretary shall, as appropriate, coordinate the research and evaluation functions of this chapter under a Research, Demonstration, and Evaluation Center for the Aging Network (in this subsection referred to as the “Center”), which shall be headed by a director designated by the Assistant Secretary from individuals described in paragraph (4).
(2)The purpose of the Center shall be—
(A)to coordinate, as appropriate, research, research dissemination, evaluation, demonstration projects, and related activities carried out under this chapter;
(B)to provide assessment of the programs and interventions authorized under this chapter; and
(C)to increase the repository of information on evidence-based programs and interventions available to the aging network, which information shall be applicable to existing programs and interventions and help in the development of new evidence-based programs and interventions.
(3)Activities of the Center shall include, as appropriate, conducting, promoting, coordinating, and providing support for—
(A)research and evaluation activities that support the objectives of this chapter, including—
(i)evaluation of new and existing programs and interventions authorized by this chapter; and
(ii)research on and assessment of the relationship between programs and interventions under this chapter and the health outcomes, social determinants of health, quality of life, and independence of individuals served under this chapter;
(B)demonstration projects that support the objectives of this chapter, including activities to bring effective demonstration projects to scale with a prioritization of projects that address the needs of underserved populations, and promote partnerships among aging services, community-based organizations, and Medicare and Medicaid providers, plans, and health (including public health) systems;
(C)outreach and dissemination of research findings; and
(D)technical assistance related to the activities described in this paragraph.
(4)The director shall be an individual with substantial knowledge of and experience in aging and health policy, and research administration.
(5)Not later than October 1, 2020, and at 5-year intervals thereafter, the director shall prepare and publish in the Federal Register for public comment a draft of a 5-year plan that—
(A)outlines priorities for research, research dissemination, evaluation, demonstration projects, and related activities;
(B)explains the basis for such priorities; and
(C)describes how the plan will meet the needs of underserved populations.
(6)The director shall coordinate, as appropriate, research, research dissemination, evaluation, and demonstration projects, and related activities with appropriate agency program staff, and, as appropriate, with other Federal departments and agencies involved in research in the field of aging.
(7)Not later than December 31, 2020, and annually thereafter, the director shall prepare, and submit to the Secretary, the Committee on Health, Education, Labor, and Pensions of the Senate, the Special Committee on Aging of the Senate, and the Committee on Education and Labor of the House of Representatives, a report on the activities funded under this section and subchapter IV.
(8)The director shall, as appropriate, consult with experts on aging research and evaluation and aging network stakeholders on the implementation of the activities described under paragraph (3) of this subsection.
(9)The director shall coordinate, as appropriate, all research and evaluation authorities under this chapter.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2020—Subsec. (g). Pub. L. 116–131 added subsec. (g). 2016—Subsec. (d)(3)(H). Pub. L. 114–144, § 3(a)(1)(A), substituted “3012(a)(18)” for “3012(a)(21)”. Subsec. (d)(3)(L). Pub. L. 114–144, § 3(a)(1)(C), substituted “
April 19, 2016” for “
September 30, 1992” and “3058g(h)(5) of this title; and” for “3058g(h)(4) of this title.” Subsec. (d)(3)(M). Pub. L. 114–144, § 3(a)(1)(B), (D), added subpar. (M). Subsec. (e)(2). Pub. L. 114–144, § 3(a)(2), inserted “, and in coordination with the heads of State adult protective services programs and the Director of the Office of Long-Term Care Ombudsman Programs” after “and services”. Subsec. (f)(1). Pub. L. 114–144, § 9(2), inserted “and behavioral” after “mental”. 2006—Subsecs. (e), (f). Pub. L. 109–365 added subsecs. (e) and (f). 2000—Subsec. (d)(3)(C)(ii), (J). Pub. L. 106–501 substituted “3027(a)(9)” for “3027(a)(12)”. 1993—Subsec. (a). Pub. L. 103–171, § 3(a)(2)(A), (D), substituted “an Assistant Secretary for Aging” for “a Commissioner on Aging” and substituted “the Assistant Secretary” for “the Commissioner” wherever appearing. Subsec. (b). Pub. L. 103–171, § 3(a)(2)(D), substituted “Assistant Secretary” for “Commissioner”. Subsec. (c)(2). Pub. L. 103–171, § 3(a)(2)(B)(i), (D), substituted “a Director of the Office for” for “an Associate Commissioner on” and “Assistant Secretary” for “Commissioner”. Subsec. (c)(3). Pub. L. 103–171, § 3(a)(2)(B)(ii), (D), substituted “Director of the Office for” for “Associate Commissioner on” in introductory provisions and “Assistant Secretary” for “Commissioner” wherever appearing in subpars. (A), (E), and (I)(ii). Subsec. (d)(2). Pub. L. 103–171, § 3(a)(2)(C), (D), substituted “a Director of the Office of Long-Term Care Ombudsman Programs” for “an Associate Commissioner for Ombudsman Programs” in subpar. (A), “Director” for “Associate Commissioner” wherever appearing, and “Assistant Secretary” for “Commissioner” in two places in subpar. (A). Subsec. (d)(3). Pub. L. 103–171, § 3(a)(2)(C)(ii), (D), substituted “Director” for “Associate Commissioner” in introductory provisions and “Assistant Secretary” for “Commissioner” in subpars. (B) to (F) and (H). 1992—Subsec. (a). Pub. L. 102–375, §§ 102(b)(2), 201(a), struck out “(hereinafter in this chapter referred to as the ‘Administration’)” after “Administration on Aging” and “(hereinafter in this chapter referred to as the ‘Commissioner’)” after “Commissioner on Aging” and inserted “(including the functions of the Commissioner carried out through regional offices)” after “functions of the Commissioner”. Subsec. (c)(1). Pub. L. 102–375, § 102(b)(1)(A), substituted “Administration” for “Administration on Aging”. Subsec. (c)(3)(A)(i). Pub. L. 102–375, § 904(a)(3)(A), inserted “individuals who are” before “Native Americans”. Subsec. (c)(3)(B). Pub. L. 102–375, §§ 201(b)(1), 904(a)(3)(A), (B), inserted “individuals who are” before “Native Americans within” and substituted “affecting such individuals, with particular attention to services provided to Native Americans by the Indian Health Service” for “affecting older Native Americans”. Subsec. (c)(3)(E). Pub. L. 102–375, § 904(a)(3)(A), (C), substituted “this chapter” for “the chapter” and inserted “individuals who are” after “older”. Subsec. (c)(3)(F). Pub. L. 102–375, § 201(b)(2), inserted before semicolon “, including information (compiled with assistance from public or nonprofit private entities, including institutions of higher education, with experience in assessing the characteristics and health status of older individuals who are Native Americans) on elder abuse, in-home care, health problems, and other problems unique to Native Americans”. Subsec. (c)(3)(G). Pub. L. 102–375, § 904(a)(3)(A), inserted “individuals who are” before “Native Americans”. Subsec. (c)(3)(I), (J). Pub. L. 102–375, § 201(b)(3)–(5), added subpars. (I) and (J). Subsec. (d). Pub. L. 102–375, § 201(c), added subsec. (d). 1987—Subsec. (a). Pub. L. 100–175, § 182(c), substituted “the functions of the Commissioner” for “his functions”. Pub. L. 100–175, § 102, substituted “between the Commissioner and the Secretary” for “between the Commissioner and the Office of the Secretary” and “responsible to the Secretary” for “responsible to the Office of the Secretary”. Subsec. (c). Pub. L. 100–175, § 107(a), added subsec. (c). 1984—Subsec. (a). Pub. L. 98–459, § 201(1), (3), (4), substituted “the agency” for “the principal agency”, inserted provision requiring establishment of a direct reporting relationship between Commissioner and Office of the Secretary, and substituted “approve or require” for “approve”. Pub. L. 98–459, § 201(2), which directed that “the functions of the Administration” be substituted for “his functions” in second sentence could not be executed because “his functions” appeared only in third sentence. 1978—Subsec. (a). Pub. L. 95–478 substituted “subchapter IX” for “subchapter VI and as otherwise specifically provided by the Older Americans Comprehensive Services

Amendments

of 1973”. 1974—Subsec. (a). Pub. L. 93–351 struck out provisions which had authorized the Secretary of Health, Education, and Welfare, under certain conditions, to approve a delegation of the functions of the Commissioner on Aging to officers not directly responsible to the Commissioner. 1973—Subsec. (a). Pub. L. 93–29 added subsec. (a). Former provision established the Administration on Aging in the Department of Health, Education, and Welfare. Subsec. (b). Pub. L. 93–29 struck out provision respecting the direction of the Administration by a Commissioner on Aging, now incorporated in subsec. (a) of this section.

Statutory Notes and Related Subsidiaries

Change of Name

Committee on Education and Labor of House of Representatives changed to Committee on Education and the Workforce of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023. Pub. L. 103–171, § 3(c), Dec. 2, 1993, 107 Stat. 1991, provided that: “Any reference to the Commissioner on Aging in any order, rule, guideline, contract, grant, suit, or proceeding that is pending, enforceable, or in effect on the date of the enactment of this Act [Dec. 2, 1993] shall be deemed to be a reference to the Assistant Secretary for Aging.”

Effective Date

of 1987 AmendmentAmendment by Pub. 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), (b) of Pub. L. 100–175, set out as a note under section 3001 of this title.

Effective Date

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

Effective Date

of 1978 AmendmentAmendment by Pub. L. 95–478 effective at close of Sept. 30, 1978, see section 504 of Pub. L. 95–478, set out as a note under section 3001 of this title. Modification of Delegation of Functions of Commissioner on Aging in Effect on
July 12, 1974 Pub. L. 93–351, § 2(b),
July 12, 1974, 88 Stat. 357, provided that: “Any delegation of the functions of the Commissioner on Aging [now Assistant Secretary for Aging] in effect on the date of enactment of this Act [
July 12, 1974], issued pursuant to section 201(a) of such Act [subsec. (a) of this section], shall be modified by the Commissioner to comply with the provisions of the amendment made by this section [amending this section].”

Reference

Citations & Metadata

Citation

42 U.S.C. § 3011

Title 42, The Public Health and Welfare

Last Updated

Sep 22, 2026

Release point: 119-110