U.S. Code » Title 42 » Chapter CHAPTER 35— PROGRAMS FOR OLDER AMERICANS › Subchapter SUBCHAPTER I— DECLARATION OF OBJECTIVES AND DEFINITIONS

42 U.S.C. § 802

INFORMATION REQUIREMENTS.

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“(a)National Center for Health Statistics.—The Director of the National Center for Health Statistics of the Centers for Disease Control [now Centers for Disease Control and Prevention] shall collect, and prepare a report containing—“(1) demographic information on home health care aides and nursing home nurse aides, including information on the—“(A) age, race, marital status, education, number of children and other dependents, gender, and primary language, of the aides; and“(B) location of facilities at which the aides are employed in—“(i) rural communities; or“(ii) urban or suburban communities; and“(2) information on the role of the aides in providing institution-based and home-based long-term care.“(b)Department of Labor.—The Secretary of Labor shall—“(1) collect, and prepare a report containing, information on home health care aides, including—“(A) information on conditions of employment, including—“(i) the length of employment of the aides with the current employer of the aides;“(ii) the number of aides who are—     “(I) employed by a for-profit employer;     “(II) employed by a nonprofit private employer;     “(III) employed by a charitable employer;     “(IV) employed by a government employer; or     “(V) independent contractors;“(iii) the number of full-time, part-time, and temporary positions for the aides;“(iv) the ratio of the aides to professional staff;“(v) the types of tasks performed by the aides, the level of skill needed to perform the tasks, and whether the tasks are completed in a institution-based or home-based setting; and“(vi) the average number and range of hours worked each week by the aides; and“(B) information on availability of the employment benefits for home health care aides and a description of the benefits, including—“(i) information on health insurance coverage;“(ii) the type of pension plan coverage;“(iii) the amount of vacation leave;“(iv) wage rates; and“(v) the extent of work-related training provided; and“(2) collect, and prepare a report containing, information on nursing home nurse aides, including—“(A) the information described in subparagraphs (A) and (B) of paragraph (1); and“(B) information on—“(i) the type of facility of the employer of the aides, such as a skilled nursing facility, as defined in section 1819(a) of the Social Security Act (42 U.S.C. 1395i–3(a)), or an intermediate care facility within the meaning of section 1121(a) of the Social Security Act (42 U.S.C. 1320a(a));“(ii) the number of beds at the facility; and“(iii) the ratio of the aides to residents of the facility.
Notes of Decisions
Cited in 22 cases (21 in the last 5 years), 1974–2026 · leading case: Commonwealth of Ky. v. Janet Yellen, 54 F.4th 325 (6th Cir. 2022).
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Commonwealth of Ky. v. Janet Yellen, 54 F.4th 325 (6th Cir. 2022). · cites it 15× “42 U.S.C. § 802 (c)(2)(A). And a related portion of the Act explains that should a State violate the Offset Provision, Treasury may initiate a recoupment action to recover the misused funds.”
State of West Virginia v. U.S. Dep't of the Treasury, 59 F.4th 1124 (11th Cir. 2023). · cites it 10× “3 billion to make payments to each of the fifty states and the District of Columbia, 42 U.S.C. § 802 (b)(3)(A), which the states may use for four enumerated purposes: (1) “to USCA11 Case: 22-10168 Document: 102-1 Date Filed: 01/20/2023 Page: 5 of 42 22-10168 Opinion of the Court…”
State of Arizona v. Janet Yellen, 34 F.4th 841 (9th Cir. 2022). · cites it 3× “We hold that Arizona has standing to challenge the American Rescue Plan Act, 42 U.S.C. § 802 (c)(2)(A), (“ARPA” or “the Act”), both because there is a realistic danger of ARPA’s enforcement, and because there is a justiciable challenge to the sovereignty of the State, which…”
Edelman v. Jordan, 415 U.S. 651 (1974). · cites it 2× “" Nearly identical provisions are now found in 42 U. S. C. § 802 (a) (1970 ed., Supp. II).”
State of Ohio v. Janet Yellen, 53 F.4th 983 (6th Cir. 2022). · cites it 6× “See 42 U.S.C. § 802 et seq. ARPA appropriated $195.”
State of Missouri v. Janet Yellen, 39 F.4th 1063 (8th Cir. 2022). · cites it 2× “42 U.S.C. § 802 (a). Before an entity can receive funds, it must certify to the Secretary that it will comply with ARPA’s provisions.”
State of Texas v. Yellen, 105 F.4th 755 (5th Cir. 2024). · cites it 3× “42 U.S.C. §§ 802 (b)(3)(A), (c)(1). However, ARPA also imposes a condition on the states’ acceptance of their allotted share.”
Commonwealth of Ky. v. Janet Yellen, 67 F.4th 322 (6th Cir. 2023). · cites it 4× “See 42 U.S.C. § 802 (c)(1)(A)–(D). But the Offset Provision purportedly forbids the states from using ARPA funds to either directly or indirectly offset a reduction in the net tax revenue of such State or territory resulting from a change in law, regulation, or administrative…”
State ex rel. Candelaria v. Grisham, 539 P.3d 690 (N.M. 2023). · cites it 3× “42 U.S.C. § 802 ; Coronavirus State & Loc.”
Ducey v. Yellen (D. Ariz. 2022). · cites it 10× “The 22 Complaint arises out of the American Rescue Plan Act of 2021 (“ARPA”), specifically 23 42 U.S.C. § 802 , which was signed into law on March 11, 2021.”
West Virginia, State of v. United States Dep't of the Treasury (N.D. Ala. 2021). · cites it 6× “4 (2021) (codified at 42 U.S.C. §§ 802 et seq.). The ARPA is a $1.”
Arizona, State of v. Yellen (D. Ariz. 2022). · cites it 5× “22 Specifically, Arizona challenged 42 U.S.C. § 802 (c)(2)(A), which states that recipients 23 shall not use ARPA funds to “directly or indirectly offset a reduction in net tax revenue .”
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