Page:United States Statutes at Large Volume 106 Part 2.djvu/393

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PUBLIC LAW 102-375—SEPT. 30, 1992 106 STAT. 1273 made and description provided under section 705, the Commissioner shall withhold the allotment of funds to the State. The Commissioner shall disburse the funds withheld directly to any public or nonprofit private institution or organization, agency, or political subdivision of the State submitting an approvedf plan containing the assurances and description. • «EC. 704. ORGANIZATION. 42 USC 3058c. "In order for a State to be eligible to receive allotments under this subtitle— "(1) the State shall demonstrate eligibility under section 305; "(2) the State agency designated by the State shall demonstrate compliance with the applicable requirements of section 305; and "(3) each area agency on aging designated by the State agency and participating in such a program shall demonstrate compliance with the applicable requirements of section 305. 'nSEC. 705. ADDITIONAL STATE PLAN REQUIREMENTS. 42 USC 3058d. "(a) ELIGIBILITY.—In order to be eligible to receive an allotment under this subtitle, a State shall include in the State plan submitted under section 307— "(1) an assurance that the State, in carrying out any chapter of this subtitle for which the State receives funding under this subtitle, will establish programs in accordance with the requirements of the chapter and this chapter; "(2) an assurance tnat the State will hold public hearings, and use other means, to obtain the views of older individuals, area agencies on aging, recipients of grants under title VI, and other interested persons and entities regarding programs carried out under this subtitle; "(3) an assurance that the State, in consultation with area agencies on aging, will identify and prioritize statewide activities aimed at ensuring that older individuals have access to, and assistance in securing and maintaining, benefits and rights; "(4) an assurance that the State will use funds made available under this subtitle for a chapter in addition to, and will not supplant, any funds that are expended under any Federal or State law in existence on the day before the date of the enactment of this subtitle, to carry out the vulnerable elder rights protection activities described in the chapter; "(5) an assurance that the State will place no restrictions, other than the requirements referred to in clauses (i) through (iv) of section 712(a)(5)(C), on the eligibility of entities for designation as local Ombudsman entities under section 712(a)(5); "(6) an assurance that, with respect to programs for the prevention of elder abuse, neglect, and exploitation under chapter 3— "(A) in carrying out such programs the State agency will conduct a program of services consistent with relevant State law and coordinated with existing State adult protective service activities for— "(i) public education to identify and prevent elder abuse; "(ii) receipt of reports of elder abuse;