102d CONGRESS
2d Session
H. R. 2967
SENATE AMENDMENT TO HOUSE AMENDMENT TO SENATE AMENDMENT
HR 2967 EAS2S
In the Senate of the United States,
September 15 (legislative day, September 8), 1992.
Resolved, That the Senate agree to the amendment of the House of
Representatives to the amendment of the Senate to the bill (H.R. 2967)
entitled `An Act to amend the Older Americans Act of 1965 to authorize
appropriations for fiscal years 1992 through 1995; to authorize a 1993
National Conference on Aging; to amend the Native Americans Programs Act
of 1974 to authorize appropriations for fiscal years 1992 through 1995;
and for other purposes', with the following
SENATE AMENDMENT TO HOUSE AMENDMENT TO SENATE AMENDMENT
In lieu of the matter proposed to be inserted by the House amendment to the
Senate amendment to the text of the bill, insert:

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(a) SHORT TITLE- This Act may be cited as the `Older Americans Act Amendments
of 1992'.
(b) TABLE OF CONTENTS- The table of contents is as follows:

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TITLE II

-ADMINISTRATION

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TITLE III

-STATE AND COMMUNITY PROGRAMS ON AGING

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edb3067c06d83575753fbc35f252e57b3c0db4c11f9ffb8d39e403698bc56a0c

5305a71592d8233ec3f5758aa8d8274dde872cb8022045d909da72a4d02161d2

TITLE IV

-TRAINING, RESEARCH, AND DISCRETIONARY PROJECTS AND PROGRAMS

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e60cc4bab81636710d211437c0d7efa01475632e413b39b0270a7bc7c815480a

TITLE V

-COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS

Subtitle A--Long-Term Health Care Workers

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TITLE VII

-VULNERABLE ELDER RIGHTS PROTECTION ACTIVITIES

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TITLE VIII

-AMENDMENTS TO OTHER LAWS; RELATED MATTERS

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Subtitle D--White House Conference on Aging

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Section 101(4) of the Older Americans Act of 1965 (42 U.S.C. 3001(4))
is amended by inserting `, including support to family members and other
persons providing voluntary care to older individuals needing long-term
care services' after `homes'.

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TITLE I

-OBJECTIVES AND DEFINITIONS

(a) IN GENERAL- Section 102 of the Older Americans Act of 1965 (42
U.S.C. 3002) is amended by adding at the end the following:
`(13) The term `abuse' means the willful--
`(A) infliction of injury, unreasonable confinement, intimidation, or
cruel punishment with resulting physical harm, pain, or mental anguish; or
`(B) deprivation by a person, including a caregiver, of goods or services
that are necessary to avoid physical harm, mental anguish, or mental illness.
`(14) The term `Administration' means the Administration on Aging.
`(15) The term `adult child with a disability' means a child who--
`(A) is 18 years of age or older;
`(B) is financially dependent on an older individual who is a parent of
the child; and
`(C) has a disability.
`(16) The term `aging network' means the network of--
`(A) State agencies, area agencies on aging, title VI grantees, and the
Administration; and
`(B) organizations that--
`(i)(I) are providers of direct services to older individuals; or
`(II) are institutions of higher education; and
`(ii) receive funding under this Act.
`(17) The term `area agency on aging' means an area agency on aging
designated under section 305(a)(2)(A) or a State agency performing the
functions of an area agency on aging under section 305(b)(5).
`(18) The term `art therapy' means the use of art and artistic processes
specifically selected and administered by an art therapist, to accomplish
the restoration, maintenance, or improvement of the mental, emotional,
or social functioning of an older individual.
`(19) The term `board and care facility' means an institution regulated
by a State pursuant to section 1616(e) of the Social Security Act (42
U.S.C. 1382e(e)).
`(20) The term `caregiver' means an individual who has the responsibility
for the care of an older individual, either voluntarily, by contract,
by receipt of payment for care, or as a result of the operation of law.
`(21) The term `caretaker' means a family member or other individual who
provides (on behalf of such individual or of a public or private agency,
organization, or institution) uncompensated care to an older individual
who needs supportive services.
`(22) The term `case management service'--
`(A) means a service provided to an older individual, at the direction of
the older individual or a family member of the individual--
`(i) by an individual who is trained or experienced in the case management
skills that are required to deliver the services and coordination described
in subparagraph (B); and
`(ii) to assess the needs, and to arrange, coordinate, and monitor an
optimum package of services to meet the needs, of the older individual; and
`(B) includes services and coordination such as--
`(i) comprehensive assessment of the older individual (including the
physical, psychological, and social needs of the individual);
`(ii) development and implementation of a service plan with the older
individual to mobilize the formal and informal resources and services
identified in the assessment to meet the needs of the older individual,
including coordination of the resources and services--
`(I) with any other plans that exist for various formal services, such as
hospital discharge plans; and
`(II) with the information and assistance services provided under this Act;
`(iii) coordination and monitoring of formal and informal service delivery,
including coordination and monitoring to ensure that services specified
in the plan are being provided;
`(iv) periodic reassessment and revision of the status of the older
individual with--
`(I) the older individual; or
`(II) if necessary, a primary caregiver or family member of the older
individual; and
`(v) in accordance with the wishes of the older individual, advocacy on
behalf of the older individual for needed services or resources.
`(23) The term `dance-movement therapy' means the use of psychotherapeutic
movement as a process facilitated by a dance-movement therapist, to further
the emotional, cognitive, or physical health of an older individual.
`(24) The term `elder abuse' means abuse of an older individual.
`(25) The term `elder abuse, neglect, and exploitation' means abuse,
neglect, and exploitation, of an older individual.
`(26) The term `exploitation' means the illegal or improper act or process
of an individual, including a caregiver, using the resources of an older
individual for monetary or personal benefit, profit, or gain.
`(27) The term `focal point' means a facility established to encourage
the maximum collocation and coordination of services for older individuals.
`(28) The term `frail' means, with respect to an older individual in a
State, that the older individual is determined to be functionally impaired
because the individual--
`(A)(i) is unable to perform at least two activities of daily living without
substantial human assistance, including verbal reminding, physical cueing,
or supervision; or
`(ii) at the option of the State, is unable to perform at least three such
activities without such assistance; or
`(B) due to a cognitive or other mental impairment, requires substantial
supervision because the individual behaves in a manner that poses a serious
health or safety hazard to the individual or to another individual.
`(29) The term `greatest economic need' means the need resulting from an
income level at or below the poverty line.
`(30) The term `greatest social need' means the need caused by noneconomic
factors, which include--
`(A) physical and mental disabilities;
`(B) language barriers; and
`(C) cultural, social, or geographical isolation, including isolation
caused by racial or ethnic status, that--
`(i) restricts the ability of an individual to perform normal daily tasks; or
`(ii) threatens the capacity of the individual to live independently.
`(31) The term `information and assistance service' means a service for
older individuals that--
`(A) provides the individuals with current information on opportunities and
services available to the individuals within their communities, including
information relating to assistive technology;
`(B) assesses the problems and capacities of the individuals;
`(C) links the individuals to the opportunities and services that are
available;
`(D) to the maximum extent practicable, ensures that the individuals
receive the services needed by the individuals, and are aware of the
opportunities available to the individuals, by establishing adequate
followup procedures; and
`(E) serves the entire community of older individuals, particularly--
`(i) older individuals with greatest social need; and
`(ii) older individuals with greatest economic need.
`(32) The term `institution of higher education' has the meaning given
the term in section 1201(a) of the Higher Education Act of 1965 (20
U.S.C. 1141(a)).
`(33) The term `legal assistance'--
`(A) means legal advice and representation provided by an attorney to
older individuals with economic or social needs; and
`(B) includes--
`(i) to the extent feasible, counseling or other appropriate assistance by
a paralegal or law student under the direct supervision of an attorney; and
`(ii) counseling or representation by a nonlawyer where permitted by law.
`(34) The term `long-term care facility' means--
`(A) any skilled nursing facility, as defined in section 1819(a) of the
Social Security Act (42 U.S.C. 1395i-3(a));
`(B) any nursing facility, as defined in section 1919(a) of the Social
Security Act (42 U.S.C. 1396r(a));
`(C) for purposes of sections 307(a)(12) and 712, a board and care
facility; and
`(D) any other adult care home similar to a facility or institution
described in subparagraphs (A) through (C).
`(35) The term `multipurpose senior center' means a community facility for
the organization and provision of a broad spectrum of services, which shall
include provision of health (including mental health), social, nutritional,
and educational services and the provision of facilities for recreational
activities for older individuals.
`(36) The term `music therapy' means the use of musical or rhythmic
interventions specifically selected by a music therapist to accomplish the
restoration, maintenance, or improvement of social or emotional functioning,
mental processing, or physical health of an older individual.
`(37) The term `neglect' means--
`(A) the failure to provide for oneself the goods or services that are
necessary to avoid physical harm, mental anguish, or mental illness; or
`(B) the failure of a caregiver to provide the goods or services.
`(38) The term `older individual' means an individual who is 60 years of
age or older.
`(39) The term `physical harm' means bodily injury, impairment, or disease.
`(40) The term `planning and service area' means an area designated by a
State agency under section 305(a)(1)(E), including a single planning and
service area described in section 305(b)(5)(A).
`(41) The term `poverty line' means the official poverty line (as defined
by the Office of Management and Budget, and adjusted by the Secretary in
accordance with section 673(2) of the Community Services Block Grant Act
(42 U.S.C. 9902(2)).
`(42) The term `representative payee' means a person who is appointed by
a governmental entity to receive, on behalf of an older individual who
is unable to manage funds by reason of a physical or mental incapacity,
any funds owed to such individual by such entity.
`(43) The term `State agency' means the agency designated under section
305(a)(1).
`(44) The term `supportive service' means a service described in section
321(a).'.
(b) TECHNICAL AND CONFORMING AMENDMENTS-
(1)(A) Sections 102(2), 201(c)(1), 211, 301(b)(1), 402(a), and 411(b)
of the Older Americans Act of 1965 (42 U.S.C. 3002(2), 3011(c)(1), 3020b,
3021(b)(1), 3030bb(a), and 3031(b)) are amended by striking `Administration
on Aging' and inserting `Administration'.
(B) Section 503(a) of the Older American Community Service Employment Act
(42 U.S.C. 3056a(a)) is amended by striking `of the Administration on Aging'.
(2) Section 201(a) of the Older Americans Act of 1965 (42 U.S.C. 3011(a))
is amended in the first sentence by striking--
(A) `(hereinafter in this Act referred to as the `Administration')'; and
(B) `(hereinafter in this Act referred to as the `Commissioner')'.
(3) Section 302 of the Older Americans Act of 1965 (42 U.S.C. 3022)
is amended--
(A) by striking paragraphs (2) through (6), (9), (11), and (14) through
(21); and
(B) by redesignating paragraphs (7) and (8) as paragraphs (2) and (3).
(4) Paragraphs (2)(A) and (4) of section 306(a) and sections 307(a)(9),
422(c)(3), 614(a)(6), and 624(a)(7) (42 U.S.C. 3026(a)(2)(A) and (4),
3027(a)(9), 3035a(c)(3), 3057e(a)(6), and 3057j(a)(7)) are amended
by striking `information and referral' each place the term appears and
inserting `information and assistance'.
(5) Section 307(a)(10) of the Older Americans Act of 1965 (42 U.S.C. 3027)
is amended by striking `section 342(1)' and inserting `section 342'.
(6) Section 341(b) of the Older Americans Act of 1965 (42 U.S.C. 3030h)
is amended by striking `caregivers' and inserting `caretakers'.
(7) Section 342 of the Older Americans Act of 1965 (42 U.S.C. 3030i)
is amended--
(A) by amending the heading to read as follows:
`DEFINITION OF IN-HOME SERVICES';
(B) by striking paragraph (2);
(C) in paragraph (1)--
(i) in subparagraph (E) by striking `; and' and inserting a period; and
(ii) by indenting 2 ems the left margin of subparagraphs (A) through
(E) and redesignating such subparagraphs as paragraphs (1) through (5),
respectively; and
(D) by striking `part--' and all that follows through `includes--', and
inserting `part, the term `in-home services' includes--'.
(8) Section 507(1) of the Older American Community Service Employment Act
(42 U.S.C. 3056e(1)) is amended by striking `poverty guidelines established
by the Office of Management and Budget' and inserting `poverty line'.
(9)(A) Section 211 of the Older Americans Act of 1965 (42 U.S.C. 3020b)
is amended by striking `designated under section 305(a)(1)'.
(B) Section 305(a)(2) of the Older Americans Act of 1965 (42
U.S.C. 3025(a)(2)) is amended by striking `designated under clause (1)'.
(C) Section 308(b)(3)(B)(iii) of the Older Americans Act of 1965 (42
U.S.C. 3028(b)(3)(B)(iii)) is amended by striking `designated under
section 305'.
(D) Section 426 of the Older Americans Act of 1965 (42 U.S.C. 3035e)
is amended by striking `designated under section 305(a)(1)'.
(E) Section 503(a) of the Older Americans Community Service Employment Act
(42 U.S.C. 3056a(a)) is amended by striking `on aging designated under
section 305(a)(1)'.
(10)(A) Sections 202(a)(18), 307(a)(14), 308(b)(3)(B)(iii), 310(a)(1),
311(d)(1), and 411(a)(2) (42 U.S.C. 3012(a)(18), 3027(a)(14),
3028(b)(3)(B)(iii), 3030(a)(1), 3030a(d)(1), and 3031(a)(2)) are amended
by striking `area agencies' and inserting `area agencies on aging'.
(B) Section 305(b)(5)(A) (42 U.S.C. 3025(b)(5)(A)) is amended in the second
sentence by striking `area agency' each place the term appears and inserting
`area agency on aging'.
(C) Sections 305(c)(2), 306(a)(5)(A)(ii), 306(a)(6)(F), 306(b)(2)(C),
307(a)(13)(B), 307(a)(13)(I), 307(a)(15)(B), and 341(b) (42
U.S.C. 3025(c)(2), 3026(a)(5)(A)(ii), 3026(a)(6)(F), 3026(b)(2)(C),
3027(a)(13)(B), 3027(a)(13)(I), 3027(a)(15)(B), and 3030h(b)) are amended
by striking `area agency' and inserting `area agency on aging'.
(D) Section 305(c) (42 U.S.C. 3025(c)) is amended in the first sentence, in
the matter following paragraph (5), by striking `area agency' and inserting
`area agency on aging'.
(E) Sections 306(a)(6)(N), 307(a)(13)(H), and 307(a)(22) (42
U.S.C. 3026(a)(6)(N), 3027(a)(13)(H), and 3027(a)(22)) are amended by
striking `area agency' each place the term appears and inserting `area
agency on aging'.
(F) Section 307(a)(1) (42 U.S.C. 3027(a)(1)) is amended by striking
`agencies in' and inserting `agencies on aging in'.
(G) Section 362 (42 U.S.C. 3030n) is amended in the section heading by
striking `AREA AGENCIES' and inserting `AREA AGENCIES ON AGING'.
(H) Section 411(b)(2) (42 U.S.C. 3031(b)(2)) is amended by striking `State
and area agency' and inserting `State agency and area agency on aging'.
(I) Section 412(a)(6) (42 U.S.C. 3032(a)(6)) is amended by striking `State
and area agencies' and inserting `State agencies and area agencies on aging'.

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(a) LIMITATION ON DELEGATION OF FUNCTIONS- The last sentence of section
201(a) of the Older Americans Act of 1965 (42 U.S.C. 3011(a)) is amended
by inserting `(including the functions of the Commissioner carried out
through regional offices)' after `Commissioner' the first place it appears.
(b) COORDINATION- Section 201(c)(3) of the Older Americans Act of 1965
(42 U.S.C. 3011(c)(3)) is amended--
(1) in subparagraph (B) by inserting `, with particular attention to
services provided to Native Americans by the Indian Health Service' after
`affecting older Native Americans';
(2) in subparagraph (F) by inserting `, 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'
after `Native Americans';
(3) in subparagraph (G) by striking `and' at the end;
(4) in subparagraph (H) by striking the period at the end and inserting
a semicolon; and
(5) by adding at the end the following:
`(I) promote coordination--
`(i) between the administration of title III and the administration of
title VI; and
`(ii) between programs established under title III by the Commissioner
and programs established under title VI by the Commissioner;
including sharing among grantees information on programs funded, and on
training and technical assistance provided, under such titles; 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 Act and other Federal Acts, for the benefit of
such individuals.'.
(c) OFFICE OF LONG-TERM CARE OMBUDSMAN PROGRAMS- Section 201 of the Older
Americans Act of 1965 (42 U.S.C. 3011) is amended by adding at the end
the following:
`(d)(1) There is established in the Administration the Office of Long-Term
Care Ombudsman Programs (in this subsection referred to as the `Office').
`(2)(A) The Office shall be headed by an Associate Commissioner for Ombudsman
Programs (in this subsection referred to as the `Associate Commissioner')
who shall be appointed by the Commissioner from among individuals who
have expertise and background in the fields of long-term care advocacy
and management. The Associate Commissioner shall report directly to the
Commissioner.
`(B) No individual shall be appointed Associate Commissioner if--
`(i) the individual has been employed within the previous 2 years by--
`(I) a long-term care facility;
`(II) a corporation that then owned or operated a long-term care facility; or
`(III) an association of long-term care facilities;
`(ii) the individual--
`(I) has an ownership or investment interest (represented by equity, debt,
or other financial relationship) in a long-term care facility or long-term
care service; or
`(II) receives, or has the right to receive, directly or indirectly
remuneration (in cash or in kind) under a compensation arrangement with
an owner or operator of a long-term care facility; or
`(iii) the individual, or any member of the immediate family of the
individual, is subject to a conflict of interest.
`(3) The Associate Commissioner shall--
`(A) serve as an effective and visible advocate on behalf of older
individuals who reside in long-term care facilities, within the Department
of Health and Human Services and with other departments, agencies, and
instrumentalities of the Federal Government regarding all Federal policies
affecting such individuals;
`(B) review and make recommendations to the Commissioner regarding--
`(i) the approval of the provisions in State plans submitted under section
307(a) that relate to State Long-Term Care Ombudsman programs; and
`(ii) the adequacy of State budgets and policies relating to the programs;
`(C) after consultation with State Long-Term Care Ombudsmen and the State
agencies, make recommendations to the Commissioner regarding--
`(i) policies designed to assist State Long-Term Care Ombudsmen; and
`(ii) methods to periodically monitor and evaluate the operation of State
Long-Term Care Ombudsman programs, to ensure that the programs satisfy the
requirements of section 307(a)(12) and section 712, including provision
of service to residents of board and care facilities and of similar adult
care facilities;
`(D) keep the Commissioner and the Secretary fully and currently informed
about--
`(i) problems relating to State Long-Term Care Ombudsman programs; and
`(ii) the necessity for, and the progress toward, solving the problems;
`(E) review, and make recommendations to the Secretary and the Commissioner
regarding, existing and proposed Federal legislation, regulations, and
policies regarding the operation of State Long-Term Care Ombudsman programs;
`(F) make recommendations to the Commissioner and the Secretary regarding
the policies of the Administration, and coordinate the activities of the
Administration with the activities of other Federal entities, State and
local entities, and nongovernmental entities, relating to State Long-Term
Care Ombudsman programs;
`(G) supervise the activities carried out under the authority of the
Administration that relate to State Long-Term Care Ombudsman programs;
`(H) administer the National Ombudsman Resource Center established under
section 202(a)(21) and make recommendations to the Commissioner regarding
the operation of the National Ombudsman Resource Center;
`(I) advocate, monitor, and coordinate Federal and State activities of
Long-Term Care Ombudsmen under this Act;
`(J) submit to the Speaker of the House of Representatives and the President
pro tempore of the Senate an annual report on the effectiveness of services
provided under section 307(a)(12) and section 712;
`(K) have authority to investigate the operation or violation of any
Federal law administered by the Department of Health and Human Services
that may adversely affect the health, safety, welfare, or rights of older
individuals; and
`(L) not later than 180 days after the date of the enactment of the Older
Americans Act Amendments of 1992, establish standards applicable to the
training required by section 712(h)(4).'.

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(a) TECHNICAL AMENDMENTS- Section 202(a) of the Older Americans Act of 1965
(42 U.S.C. 3012(a)) is amended--
(1) in paragraph (3) by inserting `directly' after `(3)';
(2) in paragraph (11) by striking `provide for the coordination of' and
insert `coordinate';
(3) in paragraph (18)--
(A) by inserting `, and service providers,' after `agencies'; and
(B) by striking `the greatest economic or social needs' and inserting
`greatest economic need or individuals with greatest social need, with
particular attention to and specific objectives for providing services to
low-income minority individuals'; and
(4) in  paragraph (19)--
(A) in subparagraph (A) by inserting `or activity' after `service' each
place it appears; and
(B) in subparagraph (C) by striking `and' at the end.
(b) FUNCTIONS- Section 202(a) of the Older Americans Act of 1965 (42
U.S.C. 3012(a)) is amended--
(1) in paragraph (20) by striking the period at the end and inserting a
semicolon; and
(2) by adding at the end the following:
`(21)(A) establish and operate the National Ombudsman Resource Center (in
this paragraph referred to as the `Center'), under the administration of
the Associate Commissioner for Ombudsman Programs, that will--
`(i) by grant or contract--
`(I) conduct research;
`(II) provide training, technical assistance, and information to State
Long-Term Care Ombudsmen;
`(III) analyze laws, regulations, programs, and practices; and
`(IV) provide assistance in recruiting and retaining volunteers for State
Long-Term Care Ombudsman programs by establishing a national program for
recruitment efforts that utilizes the organizations that have established
a successful record in recruiting and retaining volunteers for ombudsman
or other programs;
relating to Federal, State, and local long-term care ombudsman policies; and
`(ii) assist State Long-Term Care Ombudsmen in the implementation of State
Long-Term Care Ombudsman programs; and
`(B) make available to the Center not less than the amount of resources
made available to the Long-Term Care Ombudsman National Resource Center
for fiscal year 1990;
`(22) issue regulations, and conduct strict monitoring of State compliance
with the requirements in effect, under this Act to prohibit conflicts of
interest and to maintain the integrity and public purpose of services
provided and service providers, under this Act in all contractual and
commercial relationships, and include in such regulations a requirement
that as a condition of being designated as an area agency on aging such
agency shall--
`(A) disclose to the Commissioner and the State agency involved--
`(i) the identity of each nongovernmental entity with which such agency
has a contract or commercial relationship relating to providing any service
to older individuals; and
`(ii) the nature of such contract or such relationship;
`(B) demonstrate that a loss or diminution in the quantity or quality of
the services provided, or to be provided, under this Act by such agency
has not resulted and will not result from such contract or such relationship;
`(C) demonstrate that the quantity or quality of the services to be provided
under this Act by such agency will be enhanced as a result of such contract
or such relationship; and
`(D) on the request of the Commissioner or the State, for the purpose
of monitoring compliance with this Act (including conducting an audit),
disclose all sources and expenditures of funds received or expended to
provide services to older individuals;
`(23) encourage, and provide technical assistance to, States and area
agencies on aging to carry out outreach to inform older individuals
with greatest economic need who may be eligible to receive, but are not
receiving, supplemental security income benefits under title XVI of the
Social Security Act (42 U.S.C. 1381 et seq.) (or assistance under a State
plan program under such title), medical assistance under title XIX of such
Act (42 U.S.C. 1396 et seq.), and benefits under the Food Stamp Act of 1977
(7 U.S.C. 2011 et seq.), of the requirements for eligibility to receive
such benefits and such assistance;
`(24) establish information and assistance services as priority services
for older individuals;
`(25) develop guidelines for area agencies on aging to follow in choosing
and evaluating providers of legal assistance;
`(26) develop guidelines and a model job description for choosing and
evaluating legal assistance developers referred to in sections 307(a)(18)
and 731(b)(2);
`(27)(A) conduct a study to determine ways in which Federal funds might
be more effectively targeted to low-income minority older individuals,
and older individuals residing in rural areas, to better meet the needs of
States with a disproportionate number of older individuals with greatest
economic need and older individuals with greatest social need;
`(B) conduct a study to determine ways in which Federal funds might be more
effectively targeted to better meet the needs of States with disproportionate
numbers of older individuals, including methods of allotting funds under
title III, using the most recent estimates of the population of older
individuals; and
`(C) not later than January 1, 1994, submit a report containing the
findings resulting from the studies described in subparagraphs (A) and
(B) to the Speaker of the House of Representatives and the President pro
tempore of the Senate;
`(28) provide technical assistance, training, and other means of assistance
to State agencies, area agencies on aging, and service providers regarding
State and local data collection and analysis;
`(29) design and implement, for purposes of compliance with paragraph (19),
uniform data collection procedures for use by State agencies, including--
`(A) uniform definitions and nomenclature;
`(B) standardized data collection procedures;
`(C) a participant identification and description system;
`(D) procedures for collecting information on gaps in services needed by
older individuals, as identified by service providers in assisting clients
through the provision of the supportive services; and
`(E) procedures for the assessment of unmet needs for services under this
Act; and
`(30) require that all Federal grants and contracts made under this title
and title IV be made in accordance with a competitive bidding process
established by the Commissioner by regulation.'.
(c) COMMUNITY-BASED LONG-TERM CARE PROGRAM- Section 202(b) of the Older
Americans Act of 1965 (42 U.S.C. 3012(b)) is amended--
(1) in paragraph (2) by striking `and' at the end;
(2) in paragraph (3) by striking the period at the end and inserting `;
and'; and
(3) by adding at the end the following:
`(4) participate in all departmental and interdepartmental activities
to provide a leadership role for the Administration, State agencies, and
area agencies on aging in the development and implementation of a national
community-based long-term care program for older individuals.'.
(d) VOLUNTEER SERVICE COORDINATORS- Section 202(c) of the Older Americans
Act of 1965 (42 U.S.C. 3012(c)) is amended--
(1) by inserting `(1)' after `(c)'; and
(2) by adding at the end the following:
`(2)(A) In executing the duties and functions of the Administration
under this Act and in carrying out the programs and activities provided
for by this Act, the Commissioner shall act to encourage and assist the
establishment and use of--
`(i) area volunteer service coordinators, as described in section 306(a)(12),
by area agencies on aging; and
`(ii) State volunteer service coordinators, as described in section
307(a)(31), by State agencies.
`(B) The Commissioner shall provide technical assistance to the area and
State volunteer services coordinators.'.
(e) NATIONAL CENTER ON ELDER ABUSE- Section 202 of the Older Americans
Act of 1965 (42 U.S.C. 3012) is amended by adding at the end the following:
`(d)(1) The Commissioner shall establish and operate the National Center
on Elder Abuse (in this subsection referred to as the `Center').
`(2) In operating the Center, the Commissioner shall--
`(A) annually compile, publish, and disseminate a summary of recently
conducted research on elder abuse, neglect, and exploitation;
`(B) develop and maintain an information clearinghouse on all programs
(including private programs) showing promise of success, for the prevention,
identification, and treatment of elder abuse, neglect, and exploitation;
`(C) compile, publish, and disseminate training materials for personnel
who are engaged or intend to engage in the prevention, identification,
and treatment of elder abuse, neglect, and exploitation;
`(D) provide technical assistance to State agencies and to other public
and nonprofit private agencies and organizations to assist the agencies
and organizations in planning, improving, developing, and carrying out
programs and activities relating to the special problems of elder abuse,
neglect, and exploitation; and
`(E) conduct research and demonstration projects regarding the causes,
prevention, identification, and treatment of elder abuse, neglect, and
exploitation.
`(3)(A) The Commissioner shall carry out paragraph (2) through grants
or contracts.
`(B) The Commissioner shall issue criteria applicable to the recipients of
funds under this subsection. To be eligible to receive a grant or enter into
a contract under subparagraph (A), an entity shall submit an application
to the Commissioner at such time, in such manner, and containing such
information as the Commissioner may require.
`(C) The Commissioner shall--
`(i) establish research priorities for making grants or contracts to carry
out paragraph (2)(E); and
`(ii) not later than 60 days before the date on which the Commissioner
establishes such priorities, publish in the Federal Register for public
comment a statement of such proposed priorities.
`(4) The Commissioner shall make available to the Center such resources
as are necessary for the Center to carry out effectively the functions of
the Center under this Act and not less than the amount of resources made
available to the Resource Center on Elder Abuse for fiscal year 1990.'.
(f) NATIONAL AGING INFORMATION CENTER- Section 202 of the Older Americans
Act of 1965 (42 U.S.C. 3012), as amended by subsection (e) of this section,
is amended by adding at the end the following:
`(e)(1)(A) The Commissioner shall make grants or enter into contracts
with eligible entities to establish the National Aging Information Center
(in this subsection referred to as the `Center') to--
`(i) provide information about education and training projects established
under part A, and research and demonstration projects, and other activities,
established under part B, of title IV to persons requesting such information;
`(ii) annually compile, analyze, publish, and disseminate--
`(I) statistical data collected under subsection (a)(19);
`(II) census data on aging demographics; and
`(III) data from other Federal agencies on the health, social, and
economic status of older individuals and on the services provided to
older individuals;
`(iii) biennially compile, analyze, publish, and disseminate statistical
data collected on the functions, staffing patterns, and funding sources
of State agencies and area agencies on aging;
`(iv) analyze the information collected under section 201(c)(3)(F) by
the Associate Commissioner on American Indian, Alaskan Native, and Native
Hawaiian Aging, and the information provided by the Resource Centers on
Native American Elders under section 429E;
`(v) provide technical assistance, training, and other means of assistance
to State agencies, area agencies on aging, and service providers, regarding
State and local data collection and analysis; and
`(vi) be a national resource on statistical data regarding aging;
`(B) To be eligible to receive a grant or enter into a contract under
subparagraph (A), an entity shall submit an application to the Commissioner
at such time, in such manner, and containing such information as the
Commissioner may require.
`(C) Entities eligible to receive a grant or enter into a contract under
subparagraph (A) shall be organizations with a demonstrated record of
experience in education and information dissemination.
`(2)(A) The Commissioner shall establish procedures specifying the length of
time that the Center shall provide the information described in paragraph
(1) with respect to a particular project or activity. The procedures shall
require the Center to maintain the information beyond the term of the grant
awarded, or contract entered into, to carry out the project or activity.
`(B) The Commissioner shall establish the procedures described in
subparagraph (A) after consultation with--
`(i) practitioners in the field of aging;
`(ii) older individuals;
`(iii) representatives of institutions of higher education;
`(iv) national aging organizations;
`(v) State agencies;
`(vi) area agencies on aging;
`(vii) legal assistance providers;
`(viii) service providers; and
`(ix) other persons with an interest in the field of aging.'.
(g) OBLIGATION OF FUNDS- Not later than March 1, 1993, the Commissioner
shall obligate, from the funds appropriated under the Older Americans Act
of 1965 (42 U.S.C. 3001 et seq.) for fiscal year 1993--
(1) to carry out section 202(a)(21) of such Act (as added by subsection
(b)(2) of this section), not less than the amount made available from
appropriations for fiscal year 1990 under such Act for making grants and
entering into contracts to establish and operate the National Long-Term
Care Ombudsman Resource Center; and
(2) to carry out section 202(d)(4) of such Act (as added by subsection (e)
of this section), not less than the amount made available from appropriations
for fiscal year 1990 under such Act for making grants and entering into
contracts to establish and operate the National Aging Resource Center on
Elder Abuse.
(h) DEADLINE FOR DEVELOPMENT OF PROCEDURES- Not later than 1 year after the
date of the enactment of this Act, the data collection procedures required by
section 202(a)(29) of the Older Americans Act of 1965 shall be developed by
the Commissioner on Aging, jointly with the Assistant Secretary of Planning
and Evaluation of the Department of Health and Human Services, after--
(1) requesting advisory information under such Act from State agencies,
local governments, area agencies on aging, recipients of grants under
title VI of such Act, and local providers of services under such Act; and
(2) considering the data collection systems carried out by State agencies
in the States then identified as exemplary by the General Accounting Office.
Not later than 1 year after developing such data collection procedures, the
Commissioner on Aging shall test such procedures, submit to the Speaker of
the House of Representatives and the President pro tempore of the Senate a
report summarizing the results of such test, and implement such procedures
(as modified, if appropriate, to reflect such results).

1de5ddb764b2cc6a9b97881cb238eccf8f5c8539dd3b948e62ace076cbcd76c0

(a) IN GENERAL- Section 203(a) of the Older Americans Act of 1965 (42
U.S.C. 3013(a)) is amended to read as follows:
`(a)(1) The Commissioner, in carrying out the objectives and provisions
of this Act, shall coordinate, advise, consult with, and cooperate with
the head of each department, agency, or instrumentality of the Federal
Government proposing or administering programs or services substantially
related to the objectives of this Act, with respect to such programs
or services. In particular, the Commissioner shall coordinate, advise,
consult, and cooperate with the Secretary of Labor in carrying out title
V and with the ACTION Agency in carrying out this Act.
`(2) The head of each department, agency, or instrumentality of the Federal
Government proposing to establish programs and services substantially related
to the objectives of this Act shall consult with the Commissioner prior to
the establishment of such programs and services. To achieve appropriate
coordination, the head of each department, agency, or instrumentality of
the Federal Government administering any program substantially related to
the objectives of this Act, particularly administering any program referred
to in subsection (b), shall consult and cooperate with the Commissioner
in carrying out such program. In particular, the Secretary of Labor shall
consult and cooperate with the Commissioner in carrying out the Job Training
Partnership Act (29 U.S.C. 1501 et seq.).
`(3) The head of each Federal  department, agency, or instrumentality of the
Federal Government administering programs and services substantially related
to the objectives of this Act shall collaborate with the Commissioner in
carrying out this Act, and shall develop a written analysis, for review and
comment by the Commissioner, of the impact of such programs and services on--
`(A) older individuals (with particular attention to low-income minority
older individuals) and eligible individuals (as defined in section 507); and
`(B) the functions and responsibilities of State agencies and area agencies
on aging.'.
(b) RELATED PROGRAMS- Section 203(b) of the Older Americans Act of 1965
(42 U.S.C. 3013(b)) is amended--
(1) in paragraph (16) by striking `and' at the end;
(2) in paragraph (17) by striking the period at the end and inserting `,
and'; and
(3) by adding at the end the following:
`(18) the Edward Byrne Memorial State and Local Law Enforcement Assistance
Programs, established under part E of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3750-3766b)).'.

68f2483b5761c6880e58c14bb80518866f369ec961164ea648fcc464771b9b43

NATIVE AMERICAN GRANT RECIPIENTS.
The Older Americans Act of 1965 (42 U.S.C. 3001 et seq.) is amended by
inserting after section 203 the following:
`SEC. 203A. CONSULTATION WITH STATE AGENCIES, AREA AGENCIES ON AGING, AND
NATIVE AMERICAN GRANT RECIPIENTS.
`The Commissioner shall consult and coordinate with State agencies,
area agencies on aging, and recipients of grants under title VI in the
development of Federal goals, regulations, program instructions, and
policies under this Act.'.

adcba7685f0fdf1d626172a1f8cc7f7811b15ca2c2f4e2791bfc1dac38c007b9

(a) ESTABLISHMENT- Section 204(a) of the Older Americans Act of 1965
(42 U.S.C. 3015(a)) is amended--
(1) in paragraph (1)--
(A) in the second sentence by striking `Members shall serve for terms of
three years' and inserting `Except as provided in subsection (b)(1)(A),
members shall serve for terms of 3 years, ending on March 31 regardless
of the actual date of appointment,'; and
(B) in the third sentence by inserting `from among individuals who have
expertise and experience in the field of aging' after `appointed'; and
(2) in paragraph (2) by striking `1984' and inserting `1992'.
(b) TERMS OF APPOINTMENT- Section 204(b)(1)(A) of the Older Americans Act
of 1965 (42 U.S.C. 3015(b)(1)(A)) is amended to read as follows:
`(A)(i) The initial members of the Federal Council on the Aging shall be
appointed on April 1, 1993, as follows:
`(I) 5 members, who shall be referred to as class 1 members, shall be
appointed for a term of 1 year;
`(II) 5 members, who shall be referred to as class 2 members, shall be
appointed for a term of 2 years; and
`(III) 5 members, who shall be referred to as class 3 members, shall be
appointed for a term of 3 years.
`(ii) Members appointed in 1994 and each third year thereafter shall be
referred to as class 1 members. Members appointed in 1995 and each third year
thereafter shall be referred to as class 2 members. Members appointed in 1996
and each third year thereafter shall be referred to as class 3 members.'.
(c) DUTIES OF COUNCIL- Section 204(d) of the Older Americans Act of 1965
(42 U.S.C. 3015(d)) is amended--
(1) in paragraph (2) by inserting before the semicolon at the end the
following: `and of identifying duplication and gaps among the types of
services provided under such programs and activities';
(2) by redesignating paragraphs (2) through (5) as paragraphs (3) through
(6), respectively; and
(3) by inserting after paragraph (1) the following:
`(2) directly advise the Commissioner on matters affecting the special
needs of older individuals for services and assistance under this Act;'.
(d) REPORTS- Section 204(f) of the Older Americans Act of 1965 (42
U.S.C. 3015(f)) is amended by striking `such interim reports as it deems
advisable' and inserting `interim reports'.
(e) AUTHORIZATION OF APPROPRIATIONS- Section 204(g) of the Older Americans
Act of 1965 (42 U.S.C. 3015(g)) is amended to read as follows:
`(g) There are authorized to be appropriated to carry out this section
$300,000 for fiscal year 1992 and such sums as may be necessary for fiscal
years 1993, 1994, and 1995.'.

448e668005f8ea803384b35504e03aac8d2276f843a7dc0abc62eee8a6411767

Section 205(a) of the Older Americans Act of 1965 (42 U.S.C. 3016(a))
is amended--
(1) by redesignating paragraphs (1) through (5) as subparagraphs (A)
through (E), respectively;
(2) by inserting `(1)' after `(a)'; and
(3) by adding at the end the following:
`(2)(A) The Commissioner shall designate an officer or employee who
shall serve on a full-time basis and who shall be responsible for the
administration of the nutrition services described in subparts 1, 2,
and 3 of part C of title III and shall have duties that include--
`(i) designing, implementing, and evaluating nutrition programs;
`(ii) developing guidelines for nutrition providers concerning safety,
sanitary handling of food, equipment, preparation, and food storage;
`(iii) disseminating information to nutrition service providers about
nutrition advancements and developments;
`(iv) promoting coordination between nutrition service providers and
community-based organizations serving older individuals;
`(v) developing guidelines on cost containment;
`(vi) defining a long range role for the nutrition services in
community-based care systems;
`(vii) developing model menus and other appropriate materials for serving
special needs populations and meeting cultural meal preferences; and
`(viii) providing technical assistance to the regional offices of the
Administration with respect to each duty described in clauses (i) through
(vii).
`(B) The regional offices of the Administration shall be responsible for
disseminating, and providing technical assistance regarding, the guidelines
and information described in clauses (ii), (iii), and (v) of subparagraph
(A) to State agencies, area agencies on aging, and persons that provide
nutrition services under part C of title III.
`(C) The officer or employee designated under subparagraph (A) shall--
`(i) have expertise in nutrition and dietary services and planning; and
`(ii)(I) be a registered dietitian;
`(II) be a credentialed nutrition professional; or
`(III) have education and training that is substantially equivalent to
the education and training for a registered dietitian or a credentialed
nutrition professional.'.

c6fe2bf39bbc581e516642fbd4491a6ff80ee3bacf1eeaa11861a7740d39e156

Section 206 of the Older Americans Act of 1965 (42 U.S.C. 3017) is amended--
(1) in the first sentence of subsection (a) by inserting after `related
programs,' the following:
`their effectiveness in targeting for services under this Act unserved older
individuals with greatest economic need (including low-income minority
individuals) and unserved older individuals with greatest social need
(including low-income minority individuals),'; and
(2) by striking subsection (g) and inserting the following:
`(g)(1) Not later than June 30, 1994, the Commissioner, in consultation with
the Assistant Secretary for Planning and Evaluation of the Department of
Health and Human Services, shall complete an evaluation of nutrition services
provided under this Act, to evaluate for fiscal years 1992 and 1993--
`(A) their effectiveness in serving special populations of older individuals;
`(B) the quality of nutrition provided by such services;
`(C) average meal costs (including the cost of food, related administrative
costs, and the cost of supportive services relating to nutrition services),
taking into account regional differences and size of projects;
`(D) the characteristics of participants;
`(E) the applicability of health, safety, and dietary standards;
`(F) the appraisal of such services by recipients;
`(G) the efficiency of delivery and administration of such services;
`(H) the amount, sources, and ultimate uses of funds transferred under
section 308(b)(5) to provide such services;
`(I) the amount, sources, and uses of other funds expended to provide such
services, including the extent to which funds received under this Act are
used to generate additional funds to provide such services;
`(J) the degree of nutritional expertise used to plan and manage coordination
with other State and local services;
`(K) nonfood cost factors incidental to providing nutrition services under
this Act;
`(L) the extent to which commodities provided by the Secretary of Agriculture
under section 311(a) are used to provide such services;
`(M) and for the 8-year period ending September 30, 1992, the
characteristics, and changes in the characteristics, of such nutrition
services;
`(N) differences between older individuals who receive nutrition services
under section 331 and older individuals who receive nutrition services under
section 336, with specific reference to age, income, health status, receipt
of food stamp benefits, and limitations on activities of daily living;
`(O) the impact of the increase in nutrition services provided under section
336, the factors that caused such increase, and the effect of such increase
on nutrition services authorized under section 336;
`(P) how, and the extent to which, nutrition services provided under this
Act generally, and under section 331 specifically, are integrated with
long-term care programs;
`(Q) the impact of nutrition services provided under this Act on older
individuals, including the impact on their dietary intake and opportunities
for socialization;
`(R) the adequacy of the daily recommended dietary allowances described
in section 339; and
`(S) the impact of transferring funds under section 308(b)(5) and how funds
transferred under such section are expended to provide nutrition services.
`(2)(A)(i) The Commissioner shall establish an advisory council to develop
recommendations for guidelines on efficiency and quality in furnishing
nutrition services described in subparts 1, 2, and 3 of part C of title III.
`(ii) The council shall be composed of members appointed by the Commissioner
from among individuals nominated by the Secretary of Agriculture,
the American Dietetic Association, the Dietary Managers Association,
the National Association of Nutrition and Aging Service Programs, the
National Association of Meal Programs, the National Association of State
Units on Aging, the National Association of Area Agencies on Aging, and
other appropriate organizations.
`(B) Not later than June 30, 1993, the Commissioner, in consultation with the
Secretary of Agriculture and taking into consideration the recommendations
of the council, shall publish interim guidelines of the kind described in
subparagraph (A)(i).
`(3) Not later than September 30, 1994, the Secretary shall--
`(A) submit to the President, the Speaker of the House of Representatives,
and the President pro tempore of the Senate recommendations and final
guidelines to improve nutrition services provided under this Act; and
`(B) require the Commissioner to implement such recommendations
administratively, to the extent feasible.
`(h) The Secretary may use such sums as may be necessary, but not to exceed
$3,000,000 (of which not to exceed $1,500,000 shall be available from funds
appropriated to carry out title III and not to exceed $1,500,000 shall be
available from funds appropriated to carry out title IV), to conduct directly
evaluations under this section. No part of such sums may be reprogrammed,
transferred, or used for any other purpose. Funds expended under this
subsection shall be justified and accounted for by the Secretary.'.

f2d4d3bceaf85961249f0b89c7e8e0e16f8cc7ae9b2c4b78adfc3147edc1ea89

(a) ANNUAL REPORT- Section 207(a) of the Older Americans Act of 1965
(42 U.S.C. 3018(a)) is amended--
(1) in paragraph (3) by striking `and' at the end;
(2) in paragraph (4) by striking the period at the end and inserting `;
and'; and
(3) by adding at the end the following:
`(5) a description of the implementation of the plan required by section
202(a)(17).'.
(b) DEADLINE- Section 207(b)(1) of the Older Americans Act of 1965 (42
U.S.C. 3018(b)(1)) is amended by striking `January 15' and inserting
`March 1'.
(c) REPORT ON EVALUATIONS- Section 207(c) of the Older Americans Act of 1965
(42 U.S.C. 3018(c)) is amended--
(1) in paragraph (3) by striking `and' at the end;
(2) in paragraph (4) by striking the period at the end and inserting `;
and'; and
(3) by adding at the end the following:
`(5) the effectiveness of State and local efforts to target older individuals
with greatest economic need (including low-income minority individuals)
and older individuals with greatest social need (including low-income
minority individuals) to receive services under this Act.'.

4a4407e685277f55ba7514f2992084ff61e7fd040217657a8057ce00b8bf1dc1

Title II of the Older Americans Act of 1965 (42 U.S.C. 3011-3020d) is
amended by adding at the end the following:
`SEC. 214. NUTRITION EDUCATION.
`The Commissioner and the Secretary of Agriculture may provide technical
assistance and appropriate material to agencies carrying out nutrition
education programs in accordance with section 307(a)(13)(J).'.

e3d5b68ca9bea3f893747fba7df08931ad28be4d70eebcceac9653e59561015a

Title II of the Older Americans Act of 1965 (42 U.S.C. 3011-3020d), as
amended by section 209, is amended by adding at the end the following:
`SEC. 215. AUTHORIZATION OF APPROPRIATIONS.
(a) ADMINISTRATION- For purposes of carrying out this Act, there are
authorized to be appropriated for the Administration such sums as may be
necessary for fiscal years 1992, 1993, 1994, and 1995.
`(b) SALARIES AND EXPENSES- There are authorized to be appropriated for
salaries and expenses of the Administration on Aging--
`(1) $17,000,000 for fiscal year 1992, $20,000,000 for fiscal year 1993,
$24,000,000 for fiscal year 1994, and $29,000,000 for fiscal year 1995; and
`(2) such additional sums as may be necessary for each such fiscal year
to enable the Commissioner to provide for not fewer than 300 full-time
employees (or the equivalent thereof) in the Administration on Aging.'.

8df0e6a5d1a36f0715bfe1f09ebb3bea2e993b9a442f76b89b9aad2be1d65c8d

Not later than January 1, 1994, the Commissioner on Aging shall, in
consultation with State agencies, State Long-Term Care Ombudsmen, the
National Ombudsman Resource Center established under section 202(a)(21) of
the Older Americans Act of 1965 (as added by section 202(b)(2) of this Act),
and professional ombudsmen associations, directly, or by grant or contract,
conduct a study, and submit a report to the committees specified in section
207(b)(2) of such Act, analyzing separately with respect to each State--
(1) the availability of services, and the unmet need for services, under
the State Long-Term Care Ombudsman programs in effect under sections
307(a)(12) and 712 of the Older Americans Act of 1965 (42 U.S.C. 3001 et
seq.) to residents of long-term care facilities (as defined in section
102 of such Act);
(2) the effectiveness of the programs in providing the services to the
residents, including residents of board and care facilities (as defined
in section 102 of such Act) and of similar adult care facilities;
(3) the adequacy of Federal and other resources available to carry out
the programs on a statewide basis in each State;
(4) compliance and barriers to such compliance of the States in carrying
out the programs;
(5) any actual and potential conflicts of interest in the administration
and operation of the programs; and
(6) the need for and feasibility of providing ombudsman services to older
individuals (as defined in section 102 of such Act) who are not in long-term
care facilities and who use long-term care services and other health care
services, by analyzing and assessing current State agency practices in
programs in which the State Long-Term Care Ombudsmen provide services to
older individuals in settings in addition to long-term care facilities,
taking into account variations in--
(A) settings where services are provided;
(B) the types of clients served;
(C) the types of complaints and problems handled;
(D) State regulation of long-term care provided in settings other than
long-term care facilities; and
(E) possible conflicts of interest between the State Long-Term Care Ombudsman
programs under such Act and area agencies on aging (as defined in section
102 of such Act) who provide to older individuals long-term care services
both in such settings and in long-term care facilities.

0aa0accebaf718e805625821e0ae928074830eeab5775fd47684de2d0fc34854

(a) ARRANGEMENT FOR STUDY COMMITTEE- The Secretary of Health and Human
Services shall enter into an arrangement, in accordance with subsection
(d), to establish a study committee described in subsection (c) to conduct a
study through the Institute of Medicine of the National Academy of Sciences
on the quality of board and care facilities for older individuals (as
defined in section 102 of the Older Americans Act of 1965 (42 U.S.C. 3001
et seq.)) and the disabled.
(b) SCOPE OF STUDY- The study shall include--
(1) an examination of existing quality, health, and safety requirements
for board and care facilities and the enforcement of such requirements
for their adequacy and effectiveness, with special attention to their
effectiveness in promoting good personal care;
(2) an examination of, and recommendations with respect to, the appropriate
role of Federal, State, and local governments in assuring the health and
safety of residents of board and care facilities; and
(3) specific recommendations to the Congress and the Secretary, by not later
than 20 months after the date of the enactment of this Act, concerning the
establishment of minimum national standards for the quality, health, and
safety of residents of such facilities and the enforcement of such standards.
(c) COMPOSITION OF STUDY COMMITTEE- The study committee shall be composed
of members as appointed from among the following:
(1) NATIONAL ACADEMY OF SCIENCES- The members of the National Academy
of Sciences with experience in long-term care. The members so appointed
shall include--
(A) physicians;
(B) experts on the administration of drugs to older individuals, and
disabled individuals receiving long-term care services; and
(C) experts on the enforcement of life-safety codes in long-term care
facilities.
(2) RESIDENTS- Residents of board and care facilities (including privately
owned board and care facilities), and representatives of such residents
or of organizations that advocate on behalf of such residents. Members so
appointed shall include--
(A) residents of a nonprofit board and care facility; or
(B) individuals who represent--
(i) residents of nonprofit board and care facilities; or
(ii) organizations that advocate on behalf of residents of nonprofit board
and care facilities.
(3) OPERATORS- Operators of board and care facilities (including
privately owned board and care facilities), and individuals who represent
such operators or organizations that represent the interests of such
operators. Members so appointed shall include--
(A) operators of a nonprofit board and care facility; or
(B) individuals who represent--
(i) operators of nonprofit board and care facilities; or
(ii) organizations that represent the interests of operators of nonprofit
board and care facilities.
(4) OFFICERS-
(A) STATE OFFICERS- Elected and appointed State officers who have
responsibility relating to the health and safety of residents of board
and care facilities.
(B) REPRESENTATIVES- Representatives of such officers or of organizations
representing such officers.
(C) OTHER INDIVIDUALS- Other individuals with relevant expertise.
(d) USE OF INSTITUTE OF MEDICINE- The Secretary shall request the National
Academy of Sciences, through the Institute of Medicine, to establish,
appoint, and provide administrative support for the study committee under
an arrangement under which the actual expenses incurred by the Academy in
carrying out such functions will be paid by the Secretary. If the National
Academy of Sciences is willing to do so, the Secretary shall enter into
such arrangement with the Academy.
(e) INVOLVEMENT OF OTHERS-
(1) GOVERNMENT OFFICIALS- The study committee shall conduct its work in a
manner that provides for the consultation with Members of Congress or their
representatives, officials of the Department of Health and Human Services,
and officials of State and local governments who are not members of the
study committee.
(2) EXPERTS- The study committee may consult with any individual
or organization with expertise relating to the issues involved in the
activities of the study committee.
(f) REPORT- Not later than 20 months after an arrangement is entered into
under subsection (d), the study committee shall submit, to the Secretary,
the Speaker of the House of Representatives, and the President pro tempore
of the Senate, a report containing the results of the study referred to
in subsection (a) and the recommendations made under subsection (b).
(g) BOARD AND CARE FACILITY DEFINED- In this section, the term `board and
care facility' means a facility described in section 1616(e) of the Social
Security Act (42 U.S.C. 1372e(e)).
(h) AUTHORIZATION- There are authorized to be appropriated to carry out
this section $1,500,000 for fiscal year 1992 and such sums as may be
necessary for subsequent fiscal years.

413108f47b6308cfb5c87baea44059c20cf06c1cc40bbc89e7426a4da86fca6a

(a) ESTABLISHMENT STUDY OF COMMITTEE- The Secretary of Health and Human
Services shall enter into an arrangement, in accordance with subsection (d),
to establish a study committee described in subsection (c) to conduct a study
through the Institute of Medicine of the National Academy of Sciences on the
quality of home care services for older individuals and disabled individuals.
(b) SCOPE OF STUDY- The study shall include--
(1) an examination of existing quality, health and safety requirements
for home care services and the enforcement of such requirements for their
adequacy, effectiveness, and appropriateness;
(2) an examination of, and recommendations with respect to, the appropriate
role of Federal, State, and local governments in ensuring the health and
safety of patients and clients of home care services; and
(3) specific recommendations to the Congress and the Secretary, not later
than 20 months after the date of the enactment of this Act, concerning
the establishment of minimum national standards for the quality, health,
and safety of patients and clients of such services and the enforcement
of such standards.
(c) COMPOSITION OF STUDY COMMITTEE- The study committee shall be composed
of members appointed from among--
(1) individuals with experience in long-term care, including nonmedical
home care services;
(2) patients and clients of home care services (including privately provided
home care services and services funded under the Older Americans Act of 1965)
or individuals who represent such patients and clients or organizations
that advocate on behalf of such patients and clients;
(3) providers of home care services (including privately provided home
care services and services funded under the Older Americans Act of 1965)
or individuals who represent such providers or organizations that advocate
on behalf of such providers;
(4) elected and appointed State officers who have responsibility relating
to the health and safety of patients and clients of home care services,
or representatives of such officers or of organizations representing such
officers; and
(5) other individuals with relevant expertise.
(d) USE OF INSTITUTE OF MEDICINE- The Secretary shall request the National
Academy of Sciences, through the Institute of Medicine, to establish,
appoint, and provide administrative support for the committee under an
arrangement under which the actual expenses incurred by the Academy in
carrying out such functions will be paid by the Secretary. If the National
Academy of Sciences is willing to do so, the Secretary shall enter into
such arrangement with the Academy.
(e) INVOLVEMENT OF OTHERS-
(1) MEMBERS AND OFFICIALS- The committee shall conduct its work in a
manner that provides for consultation with Members of Congress or their
representatives, officials of the Department of Health and Human Services,
and officials of State and local governments who are not members of the
committee.
(2) INDIVIDUAL OR ORGANIZATION WITH EXPERTISE- The committee may consult
with any individual or organization with expertise relating to the issues
involved in the activities of the committee.
(f) REPORT- Not later than 20 months after an arrangement is entered into
under subsection (d), the committee shall submit, to the Secretary, the
Speaker of the House of Representatives, and the President pro tempore of
the Senate, a report containing the results of the study referred to in
subsection (a).
(g) AUTHORIZATION- There are authorized to be appropriated to carry out
this section $1,000,000 for fiscal year 1992 and such sums as may be
necessary for subsequent fiscal years.

5691885fbc84976c625606e2a89e764dad84db33838c5297bc2d6fd5ead7817e

Section 301(a) of the Older Americans Act of 1965 (42 U.S.C. 3021(a))
is amended to read as follows:
`(a)(1) It is the purpose of this title to encourage and assist State
agencies and area agencies on aging to concentrate resources in order to
develop greater capacity and foster the development and implementation
of comprehensive and coordinated systems to serve older individuals by
entering into new cooperative arrangements in each State with the persons
described in paragraph (2), for the planning, and for the provision of,
supportive services, and multipurpose senior centers, in order to--
`(A) secure and maintain maximum independence and dignity in a home
environment for older individuals capable of self care with appropriate
supportive services;
`(B) remove individual and social barriers to economic and personal
independence for older individuals;
`(C) provide a continuum of care for vulnerable older individuals; and
`(D) secure the opportunity for older individuals to receive managed
in-home and community-based long-term care services.
`(2) The persons referred to in paragraph (1) include--
`(A) State agencies and area agencies on aging;
`(B) other State agencies, including agencies that administer home and
community care programs;
`(C) Indian tribes, tribal organizations, and Native Hawaiian organizations;
`(D) the providers, including voluntary organizations or other private
sector organizations, of supportive services, nutrition services, and
multipurpose senior centers; and
`(E) organizations representing or employing older individuals or their
families.'.

318073ad4317365c277b96b74080f0afae535623bd4c73861dc8c73690d30c70

Section 302(1) of the Older Americans Act of 1965 (42 U.S.C. 3022(1))
is amended--
(1) in subparagraph (B) by striking `and' at the end;
(2) in subparagraph (C) by striking the period at the end and inserting
`; and'; and
(3) by adding at the end the following:
`(D) encourage and assist public and private entities that have unrealized
potential for meeting the service needs of older individuals to assist
the older individuals on a voluntary basis.'.

45f4414440e9b8ad77e0198e2625084cbe6e4245813b38d1aec826e57081cba1

(a) AUTHORIZATION FOR PART B-
(1) SUPPORTIVE SERVICES AND SENIOR CENTERS- Section 303(a)(1) of
the Older Americans Act of 1965 (42 U.S.C. 3012(a)(1)) is amended by
striking `$379,575,000' and all that follows through `1991', and inserting
`$461,376,000 for fiscal year 1992 and such sums as may be necessary for
fiscal years 1993, 1994, and 1995'.
(2) STATE LONG-TERM CARE OMBUDSMAN PROGRAMS- Section 303(a)(2) of the Older
Americans Act of 1965 (42 U.S.C. 3012(a)(2)) is amended to read as follows:
`(2) Funds appropriated under paragraph (1) shall be available to carry
out section 712.'.
(3) REPEAL RELATING TO OUTREACH- Section 303(a)(3) of the Older Americans
Act of 1965 (42 U.S.C. 3012(a)(3)) is repealed.
(b) AUTHORIZATION FOR PART C-
(1) CONGREGATE NUTRITION SERVICES- Section 303(b)(1) of the Older Americans
Act of 1965 (42 U.S.C. 3012(b)(1)) is amended by striking `$414,750,000'
and all that follows through `1991', and inserting `$505,000,000 for fiscal
year 1992 and such sums as may be necessary for fiscal years 1993, 1994,
and 1995'.
(2) HOME-DELIVERED NUTRITION SERVICES- Section 303(b)(2) of the Older
Americans Act of 1965 (42 U.S.C. 3012(b)(2)) is amended by striking
`$79,380,000' and all that follows through `1991', and inserting
`$120,000,000 for fiscal year 1992 and such sums as may be necessary for
fiscal years 1993, 1994, and 1995'.
(3) AUTHORIZATION OF APPROPRIATIONS FOR SCHOOL-BASED MEALS FOR OLDER
INDIVIDUALS AND MULTIGENERATIONAL PROGRAMS- Section 303(b) of the Older
Americans Act of 1965 (42 U.S.C. 3023) is amended by adding at the end
the following:
`(3) There are authorized to be appropriated $15,000,000 for fiscal year 1992
and such sums as may be necessary for fiscal years 1993, 1994, and 1995,
to carry out subpart 3 of part C of this title (relating to school-based
meals for volunteer older individuals and multigenerational programs).'.
(c) AUTHORIZATION FOR PART D (RELATING TO IN-HOME SERVICES)- Section 303(d)
of the Older Americans Act of 1965 (42 U.S.C. 3012(d)) is amended by
striking `$25,000,000' and all that follows through `1991', and inserting
`$45,388,000 for fiscal year 1992 and such sums as may be necessary for
fiscal years 1993, 1994, and 1995,'.
(d) AUTHORIZATION FOR PART E (RELATING TO SPECIAL NEEDS)- Section 303(e)
of the Older Americans Act of 1965 (42 U.S.C. 3012(e)) is amended by
striking `Subject to' and all that follows through `1991', and inserting
`There are authorized to be appropriated such sums as may be necessary
for the fiscal years 1992, 1993, 1994, and 1995,'.
(e) AUTHORIZATION FOR PART F (RELATING TO DISEASE PREVENTION AND HEALTH
PROMOTION)- Section 303(f) of the Older Americans Act of 1965 (42
U.S.C. 3012(f)) is amended--
(1) by striking `Subject to subsection (h), there' and inserting `There'; and
(2) by striking `$5,000,000' and all that follows through `1991', and
inserting `$25,000,000 for fiscal year 1992 and such sums as may be
necessary for fiscal years 1993, 1994, and 1995,'.
(f) AUTHORIZATION FOR PART G (RELATING TO SUPPORTIVE ACTIVITIES FOR
CARETAKERS)- Section 303(g) of the Older Americans Act of 1965 (42
U.S.C. 3023(g)) is amended to read as follows:
`(g) There are authorized to be appropriated $15,000,000 for fiscal year
1992 and such sums as may be necessary for fiscal years 1993, 1994, and 1995,
to carry out part G (relating to supportive activities for caretakers).'.
(g) REPEAL OF LIMITATION- Section 303(h) of the Older Americans Act of 1965
(42 U.S.C. 3023(h)) is repealed.

bbc5d4f4d8bd5d2694e322130f0c97427cb2ffca5bac0aa2bb0e48c63daeec81

(a) AMOUNT OF ALLOTMENTS- Section 304(a) of the Older Americans Act of 1965
(42 U.S.C. 3024(a)) is amended--
(1) in paragraph (2) by striking `1984' and inserting `1987';
(2) by amending paragraph (3) to read as follows:
`(3) No State shall be allotted, from the amount appropriated under section
303(g), less than $50,000 for any fiscal year.'; and
(3) in paragraph (4) by striking `satisfactory data available' and inserting
`data available from the Bureau of the Census, and other reliable demographic
data satisfactory'.
(b) WITHHOLDING OF ALLOTMENTS- Section 304(c) of the Older Americans Act
of 1965 (42 U.S.C. 3024(c)) is amended by inserting `or the Commissioner
does not approve the funding formula required under section 305(a)(2)(C)'
after `requirements of section 307'.
(c) OUTREACH DEMONSTRATION PROJECTS- Section 304(d)(1)(C) of the Older
Americans Act of 1965 (42 U.S.C. 3024(d)(1)(C)) is amended to read as
follows:
`(C) not less than $150,000 and not more than 4 percent of the amount
allotted to the State for carrying out part B, shall be available for
conducting outreach demonstration projects under section 706; and'.
(d) VOLUNTEER SERVICES COORDINATORS- Section 304 of the Older Americans
Act of 1965 (42 U.S.C. 3024) is amended by adding at the end the following:
`(e) Grants made from allotments received under this title may be used
for paying for the costs of providing for an area volunteer services
coordinator (as described in section 306(a)(12)) or a State volunteer
services coordinator (as described in section 307(a)(31)).

35addd917af15d1d0add108fb59e4dc07fef7c6202f083caa041419c22c3d544

(a) PLANNING; CONSULTATION; LOW-INCOME MINORITY OBJECTIVES AND FOCUS- Section
305(a) of the Older Americans Act of 1965 (42 U.S.C. 3025(a)) is amended--
(1) by amending paragraph (1)(C) to read as follows:
`(C) be primarily responsible for the planning, policy development,
administration, coordination, priority setting, and evaluation of all
State activities related to the objectives of this Act;'; and
(2) in paragraph (2)--
(A) by amending subparagraph (C) to read as follows:
`(C) in consultation with area agencies, in accordance with guidelines
issued by the Commissioner, and using the best available data, develop
and publish for review and comment a formula for distribution within the
State of funds received under this title that takes into account--
`(i) the geographical distribution of older individuals in the State; and
`(ii) the distribution among planning and service areas of older individuals
with greatest economic need and older individuals with greatest social need,
with particular attention to low-income minority older individuals;';
(B) in subparagraph (D) by striking `for review and comment' and inserting
`for approval';
(C) in subparagraph (E) by striking `and' at the end;
(D) by amending subparagraph (F) to read as follows:
`(F) provide assurances that the State agency will require use of outreach
efforts described in section 307(a)(24); and'; and
(E) by adding at the end the following:
`(G)(i) set specific objectives, in consultation with area agencies on
aging, for each planning and service area for providing services funded
under this title to low-income minority older individuals;
`(ii) provide an assurance that the State agency will undertake specific
program development, advocacy, and outreach efforts focused on the needs
of low-income minority older individuals; and
`(iii) provide a description of the efforts described in clause (ii)
that will be undertaken by the State agency.'.
(b) PROCEDURES; REVIEW OF BOUNDARIES- Section 305(b)(5) of the Older
Americans Act of 1965 (42 U.S.C. 3025(b)(5)) is amended by adding at the
end the following:
`(C)(i) A State agency shall establish and follow appropriate procedures
to provide due process to affected parties, if the State agency initiates
an action or proceeding to--
`(I) revoke the designation of the area agency on aging under subsection (a);
`(II) designate an additional planning and service area in a State;
`(III) divide the State into different planning and services areas; or
`(IV) otherwise affect the boundaries of the planning and service areas
in the State.
`(ii) The procedures described in clause (i) shall include procedures for--
`(I) providing notice of an action or proceeding described in clause (i);
`(II) documenting the need for the action or proceeding;
`(III) conducting a public hearing for the action or proceeding;
`(IV) involving area agencies on aging, service providers, and older
individuals in the action or proceeding; and
`(V) allowing an appeal of the decision of the State agency in the action
or proceeding to the Commissioner.
`(iii) An adversely affected party involved in an action or proceeding
described in clause (i) may bring an appeal described in clause (ii)(V)
on the basis of--
`(I) the facts and merits of the matter that is the subject of the action
or proceeding; or
`(II) procedural grounds.
`(iv) In deciding an appeal described in clause (ii)(V), the Commissioner
may affirm or set aside the decision of the State agency. If the Commissioner
sets aside the decision, and the State agency has taken an action described
in subclauses (I) through (III) of clause (i), the State agency shall
nullify the action.'.

feba6beaffa1c4ff48d6d2d270bce2ca39d6862aef39ad55c02915a9e2a89ce8

(a) CASE MANAGEMENT SERVICES- Section 306(a)(2)(A) of the Older Americans
Act of 1965 (42 U.S.C. 3026(a)(2)(A)), as amended by section 102(b)(4)
of this Act, is amended by striking `, and information and assistance'
and inserting `, information and assistance, and case management services'.
(b) IDENTITY OF FOCAL POINT- Section 306(a)(3) of the Older Americans Act
of 1965 (42 U.S.C. 3026(a)(3)) is amended--
(1) by inserting `(A)' after `(3)';
(2) by inserting `(including multipurpose senior centers operated by
organizations referred to in paragraph (6)(E)(ii))' after `centers';
(3) by inserting `and' after the semicolon at the end; and
(4) by adding at the end the following:
`(B) specify, in grants, contracts, and agreements implementing the plan,
the identity of each focal point so designated;'.
(c) OBJECTIVES FOR LOW-INCOME MINORITY INDIVIDUALS-
(1) INFORMATION AND ASSISTANCE SERVICES- Section 306(a)(4) of the Older
Americans Act of 1965 (42 U.S.C. 3026(a)(4)) is amended by inserting
before the semicolon at the end the following: `, with particular emphasis
on linking services available to isolated older individuals and older
individuals with Alzheimer's disease or related disorders with neurological
and organic brain dysfunction (and the caretakers of individuals with such
disease or disorders)'.
(2) OUTREACH AND INFORMATION- Section 306(a)(5) of the Older Americans
Act of 1965 (42 U.S.C. 3026(a)(5)) is amended--
(A) in subparagraph (A)--
(i) in clause (i)--
(I) by striking `preference will be given to' and inserting `the area
agency on aging will set specific objectives for'; and
(II) by striking `with particular attention' and inserting `include specific
objectives for providing services';
(ii) in clause (ii)--
(I) in subclause (I) by striking `and' at the end;
(II) by amending subclause (II) to read as follows:
`(II) to the maximum extent feasible, provide services to low-income minority
individuals in accordance with their need for such services; and'; and
(III) by adding at the end the following:
`(III) meet specific objectives established by the area agency on aging,
for providing services to low-income minority individuals within the
planning and service area; and'; and
(iii) in clause (iii)--
(I) by striking `and' at the end of subclause (I); and
(II) by adding at the end the following new subclause:
`(III) provide information on the extent to which the area agency on aging
met the objectives described in clause (i);';
(B) by amending subparagraph (B) to read as follows:
`(B) provide assurances that the area agency on aging will use outreach
efforts that will--
`(i) identify individuals eligible for assistance under this Act, with
special emphasis on--
`(I) older individuals residing in rural areas;
`(II) older individuals with greatest economic need (with particular
attention to low-income minority individuals);
`(III) older individuals with greatest social need (with particular
attention to low-income minority individuals);
`(IV) older individuals with severe disabilities;
`(V) older individuals with limited English-speaking ability; and
`(VI) older individuals with Alzheimer's disease or related disorders
with neurological and organic brain dysfunction (and the caretakers of
such individuals); and
`(ii) inform the older individuals referred to in subclauses (I) through (VI)
of clause (i), and the caretakers of such individuals, of the availability
of such assistance; and'; and
(C) by adding at the end the following:
`(C) contain an assurance that the area agency on aging will ensure that
each activity undertaken by the agency, including planning, advocacy,
and systems development, will include a focus on the needs of low-income
minority older individuals;'.
(d) COORDINATION; HOUSING ARRANGEMENTS; TELEPHONE LISTING- Section 306(a)(6)
of the Older Americans Act of 1965 (42 U.S.C. 3026(a)(6)) is amended--
(1) in subparagraph (B) by inserting `, and timely information in a timely
manner,' after `assistance';
(2) in subparagraph (D) by inserting `(in cooperation with agencies,
organizations, and individuals participating in activities under the plan)'
after `community by';
(3) in subparagraph (E)--
(A) by inserting `(i)' after `(E)';
(B) by inserting `and' after the semicolon at the end; and
(C) by adding at the end the following:
`(ii) if possible regarding the provision of services under this title,
enter into arrangements and coordinate with organizations that have a
proven record of providing services to older individuals, that--
`(I) were officially designated as community action agencies or community
action programs under section 210 of the Economic Opportunity Act of 1964
(42 U.S.C. 2790) for fiscal year 1981, and did not lose the designation
as a result of failure to comply with such Act; or
`(II) came into existence during fiscal year 1982 as direct successors in
interest to such community action agencies or community action programs;
and that meet the requirements under section 675(c)(3) of the Community
Services Block Grant Act (42 U.S.C. 9904(c)(3));';
(4) by amending subparagraph (H) to read as follows:
`(H) establish effective and efficient procedures for coordination of--
`(i) entities conducting programs that receive assistance under this Act
within the planning and service area served by the agency; and
`(ii) entities conducting other Federal programs for older individuals at
the local level, with particular emphasis on entities conducting programs
described in section 203(b), within the area;';
(5) in subparagraph (I) by striking `emphasize the development' and all
that follows through the semicolon at the end, and inserting `include the
development of case management services as a component of the long-term
care services;';
(6) in subparagraph (O) by striking `and' at the end;
(7) by striking subparagraph (P); and
(8) by adding at the end the following:
`(P) establish a grievance procedure for older individuals who are
dissatisfied with or denied services under this title;
`(Q) enter into voluntary arrangements with nonprofit entities (including
public and private housing authorities and organizations) that provide
housing (such as housing under section 202 of the Housing Act of 1959
(12 U.S.C. 1701Q) to older individuals, to provide--
`(i) leadership and coordination in the development, provision, and expansion
of adequate housing, supportive services, referrals, and living arrangements
for older individuals; and
`(ii) advance notification and nonfinancial assistance to older individuals
who are subject to eviction from such housing;
`(R) list the telephone number of the agency in each telephone directory
that is published, by the provider of local telephone service, for residents
in any geographical area that lies in whole or in part in the service and
planning area served by the agency--
`(i) under the name `Area Agency on Aging';
`(ii) in the unclassified section of the directory; and
`(iii) to the extent possible, in the classified section of the directory,
under a subject heading designated by the Commissioner by regulation; and
`(S) identify the needs of older individuals and describe methods the
area agency on aging will use to coordinate planning and delivery of
transportation services (including the purchase of vehicles) to assist
older individuals, including those with special needs, in the area;'.
(e) STATE LONG-TERM CARE OMBUDSMAN PROGRAM- Section 306(a) of the Older
Americans Act of 1965 (42 U.S.C. 3026(a)) is amended--
(1) in paragraph (9) by striking `and' at the end;
(2) in paragraph (10) by striking the period and inserting a semicolon; and
(3) by adding at the end the following:
`(11) provide assurances that the area agency on aging, in carrying out
the State Long-Term Care Ombudsman program under section 307(a)(12),
will expend not less than the total amount of funds appropriated under
this Act and expended by the agency in fiscal year 1991 in carrying out
such a program under this title;'.
(f) VOLUNTEERS TO ASSIST OLDER INDIVIDUALS; PUBLIC DISCLOSURE; RELATIONSHIP
WITH PRIVATE SECTOR; ASSURANCES OF COORDINATION AND ACCESS- Section 306(a) of
the Older Americans Act of 1965 (42 U.S.C. 3026(a)), as amended by subsection
(e) of this section, is amended by adding at the end the following:
`(12) in the discretion of the area agency on aging, provide for an area
volunteer services coordinator, who shall--
`(A) encourage, and enlist the services of, local volunteer groups to
provide assistance and services appropriate to the unique needs of older
individuals within the planning and service area;
`(B) encourage, organize, and promote the use of older individuals as
volunteers to local communities within the area; and
`(C) promote the recognition of the contribution made by volunteers to
programs administered under the area plan;
`(13)(A) describe all activities of the area agency on aging, whether
funded by public or private funds; and
`(B) provide an assurance that the activities conform with--
`(i) the responsibilities of the area agency on aging, as set forth in
this subsection; and
`(ii) the laws, regulations, and policies of the State served by the area
agency on aging;
`(14) provide assurances that the area agency on aging will--
`(A) maintain the integrity and public purpose of services provided,
and service providers, under this title in all contractual and commercial
relationships;
`(B) disclose to the Commissioner and the State agency--
`(i) the identity of each nongovernmental entity with which such agency
has a contract or commercial relationship relating to providing any service
to older individuals; and
`(ii) the nature of such contract or such relationship;
`(C) demonstrate that a loss or diminution in the quantity or quality of
the services provided, or to be provided, under this title by such agency
has not resulted and will not result from such contract or such relationship;
`(D) demonstrate that the quantity or quality of the services to be
provided under this title by such agency will be enhanced as a result of
such contract or such relationship; and
`(E) on the request of the Commissioner or the State, for the purpose
of monitoring compliance with this Act (including conducting an audit),
disclose all sources and expenditures of funds such agency receives or
expends to provide services to older individuals;
`(15) provide assurances that funds received under this title will not
be used to pay any part of a cost (including an administrative cost)
incurred by the area agency on aging to carry out a contract or commercial
relationship that is not carried out to implement this title;
`(16) provide assurances that preference in receiving services under this
title will not be given by the area agency on aging to particular older
individuals as a result of a contract or commercial relationship that is
not carried out to implement this title;
`(17) provide assurances that projects in the planning and service area will
reasonably accommodate participants as described in section 307(a)(13)(G);
`(18) provide assurances that the area agency on aging will, to the maximum
extent practicable, coordinate the services it provides under this title
with services provided under title VI;
`(19)(A) provide an assurance that the area agency on aging will pursue
activities to increase access by older individuals who are Native Americans
to all aging programs and benefits provided by the agency, including
programs and benefits under this title, if applicable; and
`(B) specify the ways in which the area agency on aging intends to implement
the activities; and
`(20) provide that case management services provided under this title
through the area agency on aging will--
`(A) not duplicate case management services provided through other Federal
and State programs;
`(B) be coordinated with services described in subparagraph (A); and
`(C) be provided by--
`(i) a public agency; or
`(ii) a nonprofit private agency that--
`(I) does not provide, and does not have a direct or indirect ownership or
controlling interest in, or a direct or indirect affiliation or relationship
with, an entity that provides, services other than case management services
under this title; or
`(II) is located in a rural area and obtains a waiver of the requirement
described in subclause (I).'.
(g) WITHHOLDING OF AREA FUNDS- Section 306 of the Older Americans Act of
1965 (42 U.S.C. 3026) is amended by adding at the end the following:
`(e)(1) If the head of a State agency finds that an area agency on aging
has failed to comply with Federal or State laws, including the area plan
requirements of this section, regulations, or policies, the State may
withhold a portion of the funds to the area agency on aging available
under this title.
`(2)(A) The head of a State agency shall not make a final determination
withholding funds under paragraph (1) without first affording the area
agency on aging due process in accordance with procedures established by
the State agency.
`(B) At a minimum, such procedures shall include procedures for--
`(i) providing notice of an action to withhold funds;
`(ii) providing documentation of the need for such action; and
`(iii) at the request of the area agency on aging, conducting a public
hearing concerning the action.
`(3)(A) If a State agency withholds the funds, the State agency may use
the funds withheld to directly administer programs under this title in the
planning and service area served by the area agency on aging for a period
not to exceed 180 days, except as provided in subparagraph (B).
`(B) If the State agency determines that the area agency on aging has
not taken corrective action, or if the State agency does not approve the
corrective action, during the 180-day period described in subparagraph
(A), the State agency may extend the period for not more than 90 days.'.

2b552212c02ec8dce863495747254a6450735978e729a914f9c0b70fe33ee8a3

(a) COMPLIANCE WITH TITLE III- Section 307(a) of the Older Americans Act
of 1965 (42 U.S.C. 3027(a)) is amended--
(1) in the first sentence by inserting `the succeeding sentence and' after
`provided in';
(2) by inserting after the first sentence the following:
`If the Commissioner determines, in the discretion of the Commissioner,
that a State failed in 2 successive years to comply with the requirements
under this title, then the State shall submit to the Commissioner a State
plan for a 1-year period that meets such criteria, for subsequent years
until the Commissioner determines that the State is in compliance with such
requirements.'; and
(3) in paragraph (3)(A)--
(A) by inserting `and transportation services' after `assistance'; and
(B) by adding at the end the following:
`To conduct the evaluation, the State agency shall use the procedures
implemented under section 202(a)(29).'.
(b) PROCEDURES- Section 307(a)(5) of the Older Americans Act of 1965
(42 U.S.C. 3027(a)(5)) is amended by adding at the end the following:
`The State agency shall establish and publish procedures for requesting
and conducting such hearing.'.
(c) FISCAL CONTROL AND FUND ACCOUNTING- Section 307(a)(7) of the Older
Americans Act of 1965 (42 U.S.C. 3027(a)(7)) is amended--
(1) by inserting `(A)' after `(7)'; and
(2) by adding at the end the following:
`(B) The plan shall provide assurances that--
`(i) no individual (appointed or otherwise) involved in the designation of
the State agency or an area agency on aging, or in the designation of the
head of any subdivision of the State agency or of an area agency on aging,
is subject to a conflict of interest prohibited under this Act;
`(ii) no officer, employee, or other representative of the State agency
or an area agency on aging is subject to a conflict of interest prohibited
under this Act; and
`(iii) mechanisms are in place to identify and remove conflicts of interest
prohibited under this Act.
`(C) The plan shall provide assurances that the State agency and each area
agency on aging will--
`(i) maintain the integrity and public purpose of services provided, and
service providers, under the State plan in all contractual and commercial
relationships;
`(ii) disclose to the Commissioner--
`(I) the identity of each nongovernmental entity with which the State
agency or area agency on aging has a contract or commercial relationship
relating to providing any service to older individuals; and
`(II) the nature of such contract or such relationship;
`(iii) demonstrate that a loss or diminution in the quantity or quality
of the services provided, or to be provided, under this Act by such agency
has not resulted and will not result from such contract or such relationship;
`(iv) demonstrate that the quantity or quality of the services to be provided
under the State plan will be enhanced as a result of such contract or such
relationship; and
`(v) on the request of the Commissioner, for the purpose of monitoring
compliance with this Act (including conducting an audit), disclose all
sources and expenditures of funds the State agency and area agency on
aging receive or expend to provide services to older individuals.'.
(d) EVALUATION- Section 307(a)(8) of the Older Americans Act of 1965
(42 U.S.C. 3027(a)(8)) is amended by adding at the end the following:
`In conducting such evaluations and public hearings, the State agency shall
solicit the views and experiences of entities that are knowledgable about
the needs and concerns of low-income minority older individuals.'.
(e) EMPLOYMENT PREFERENCE- Section 307(a)(11) of the Older Americans Act
of 1965 (42 U.S.C. 3027(a)(11)) is amended by striking `governments,'
and all that follows through `older', and inserting the following:
`governments--
`(A) preference shall be given to older individuals; and
`(B) special consideration shall be given to individuals with formal
training in the field of aging (including an educational specialty or
emphasis in aging and a training degree or certificate in aging) or
equivalent professional experience in the field of aging;'.
(f) STATE LONG-TERM CARE OMBUDSMAN PROGRAM- Section 307(a)(12) of the Older
Americans Act of 1965 (42 U.S.C. 3027(a)(12)) is amended to read as follows:
`(12) The plan shall provide assurances that the State agency will carry out,
through the Office of the State Long-Term Care Ombudsman, a State Long-Term
Care Ombudsman program in accordance with section 712 and this title.'.
(g) USE OF FUNDS; NUTRITION EDUCATION AND SANITARY HANDLING OF MEALS-
Section 307(a)(13) of the Older Americans Act of 1965 (42 U.S.C. 3027(a)(13))
is amended--
(1) in subparagraph (B) by inserting `(other than under section 303(b)(3))'
after `available under this title';
(2) in subparagraph (F)--
(A) by striking `may' and inserting `will'; and
(B) by inserting `dietitians (or individuals with comparable expertise),'
after `advice of';
(3) in subparagraph (H) by striking `and' at the end;
(4) in subparagraph (I) by striking the period at the end and inserting
a semicolon;
(5) by adding at the end the following:
`(J) each nutrition project shall provide nutrition education on at least
a semiannual basis to participants in programs described in part C;
`(K) each project shall comply with applicable provisions of State or
local laws regarding the safe and sanitary handling of food, equipment,
and supplies used in the storage, preparation, service, and delivery of
meals to an older individual;
`(L) the State agency will monitor, coordinate, and assist in the planning
of nutritional services, with the advice of a dietitian or an individual
with comparable expertise; and
`(M) the State agency will--
`(i) develop nonfinancial criteria for eligibility to receive nutrition
services under section 336; and
`(ii) periodically evaluate recipients of such services to determine
whether they continue to meet such criteria.'.
(h) LEGAL PROBLEMS- Section 307(a)(15) of the Older Americans Act of 1965
(42 U.S.C. 3027(a)(15)) is amended--
(1) in subparagraph (C) by striking `and' at the end;
(2) in subparagraph (D) by striking the period at the end and inserting
`; and'; and
(3) by adding at the end the following:
`(E) the plan contains assurances that area agencies on aging will give
priority to legal assistance related to income, health care, long-term care,
nutrition, housing, utilities, protective services, defense of guardianship,
abuse, neglect, and age discrimination.'.
(i) PROGRAMS FOR PREVENTION OF ABUSE, NEGLECT, AND EXPLOITATION- Section
307(a)(16) of the Older Americans Act of 1965 (42 U.S.C. 3027(a)(16))
is amended in the matter preceding subparagraph (A)--
(1) by striking `that' the first place it appears and inserting a comma; and
(2) by striking `, if funds are not appropriated under section 303(g)
for a fiscal year, provide that for such' and inserting `provide for a'.
(j) LEGAL ASSISTANCE DEVELOPER- Section 307(a)(18) of the Older Americans
Act of 1965 (42 U.S.C. 3027(a)(18)) is amended by inserting `(one of whom
shall be known as a legal assistance developer)' after `personnel'.
(k) EXPENDITURES UNDER STATE LONG-TERM CARE OMBUDSMAN PROGRAM- Section
307(a)(21) of the Older Americans Act of 1965 (42 U.S.C. 3027(a)(21))
is amended to read as follows:
`(21) The plan shall provide assurances that the State agency, in carrying
out the State Long-Term Care Ombudsman program under section 307(a)(12),
will expend not less than the total amount expended by the agency in fiscal
year 1991 in carrying out such a program under this title.'.
(l) OUTREACH AND INFORMATION- Section 307(a)(24) of the Older Americans
Act of 1965 (42 U.S.C. 3027(a)(24)) is amended to read as follows:
`(24) The plan shall provide assurances that the State agency will require
outreach efforts that will--
`(A) identify individuals eligible for assistance under this Act, with
special emphasis on--
`(i) older individuals residing in rural areas;
`(ii) older individuals with greatest economic need (with particular
attention to low-income minority individuals);
`(iii) older individuals with greatest social need (with particular
attention to low-income minority individuals);
`(iv) older individuals with severe disabilities;
`(v) older individuals with limited English-speaking ability; and
`(vi) older individuals with Alzheimer's disease or related disorders
with neurological and organic brain dysfunction (and the caretakers of
such individuals); and
`(B) inform the older individuals referred to in clauses (i) through
(vi) of subparagraph (A), and the caretakers of such individuals, of the
availability of such assistance;'.
(m) ELDER RIGHTS REQUIREMENTS- Section 307(a)(30) of the Older Americans
Act of 1965 (42 U.S.C. 3027(a)(30)) is amended to read as follows:
`(30) The plan shall include the assurances and description required by
section 705(a).'.
(n) REQUIREMENTS- Section 307(a) of the Older Americans Act of 1965
(42 U.S.C. 3027(a)) is amended by striking paragraph (31) and inserting
the following:
`(31)(A) If 50 percent or more of the area plans in the State provide for
an area volunteer services coordinator, as described in section 306(a)(12),
the State plan shall provide for a State volunteer services coordinator,
who shall--
`(i) encourage area agencies on aging to provide for area volunteer
services coordinators;
`(ii) coordinate the volunteer services offered between the various area
agencies on aging;
`(iii) encourage, organize, and promote the use of older individuals as
volunteers to the State;
`(iv) provide technical assistance, which may include training, to area
volunteer services coordinators; and
`(v) promote the recognition of the contribution made by volunteers to
the programs administered under the State plan.
`(B) If fewer than 50 percent of the area plans in the State provide for
an area volunteer services coordinator, the State plan may provide for
the State volunteer services coordinator described in subparagraph (A).
`(32) The plan shall provide assurances that special efforts will be made
to provide technical assistance to minority providers of services.
`(33) The plan--
`(A) shall include the statement and the demonstration required by paragraphs
(2) and (4) of section 305(d); and
`(B) may not be approved unless the Commissioner approves such statement
and such demonstration.
`(34) The plan shall provide an assurance that the State agency will
coordinate programs under this title and title VI, if applicable.
`(35) The plan shall--
`(A) provide an assurance that the State agency will pursue activities
to increase access by older individuals who are Native Americans to all
aging programs and benefits provided by the agency, including programs
and benefits under this title, if applicable; and
`(B) specify the ways in which the State agency intends to implement
the activities.
`(36) If case management services are offered to provide access to
supportive services, the plan shall provide that the State agency shall
ensure compliance with the requirements specified in section 306(a)(20).
`(37) The plan shall identify for each fiscal year, the actual and projected
additional costs of providing services under this title, including the
cost of providing access to such services, to older individuals residing
in rural areas in the State (in accordance with a standard definition of
rural areas specified by the Commissioner).
`(38) The plan shall provide assurances that funds received under this title
will not be used to pay any part of a cost (including an administrative cost)
incurred by the State or an area agency on aging to carry out a contract
or commercial relationship that is not carried out to implement this title.
`(39) The plan shall provide assurances that preference in receiving
services under this title will not be given by the area agency on aging
to particular older individuals as a result of a contract or commercial
relationship that is not carried out to implement this title.
`(40) The plan shall provide assurances that if the State receives funds
appropriated under section 303(g) the State agency and area agencies on
aging will expend such funds to carry out part G.
`(41) The plan shall provide assurances that demonstrable efforts will
be made--
`(A) to coordinate services provided under this Act with other State
services that benefit older individuals; and
`(B) to provide multigenerational activities, such as opportunities for
older individuals to serve as mentors or advisers in child care, youth
day care, educational assistance, at-risk youth intervention, juvenile
delinquency treatment, and family support programs.
`(42) The plan shall provide assurances that the State will coordinate
public services within the State to assist older individuals to obtain
transportation services associated with access to services provided under
this title, to services under title VI, to comprehensive counseling services,
and to legal assistance.
`(43) The plan shall provide that the State agency shall issue guidelines
applicable to grievance procedures required by section 306(a)(6)(P).
`(44) The plan shall include assurances that the State has in effect a
mechanism to provide for quality in the provision of in-home services
under this title.'.
(o) APPROVAL OF STATE PLAN- Section 307(b)(1) of the Older Americans Act
of 1965 (42 U.S.C. 3017(b)(1)) is amended by inserting before the period
at the end the following: `, except the Commissioner may not approve such
plan unless the Commissioner determines that the formula submitted under
section 305(a)(2)(D) complies with the guidelines in effect under section
305(a)(2)(C)'.
(p) DETERMINATION OF DISAPPROVAL- Section 307(c) of the Older Americans
Act of 1965 (42 U.S.C. 3027(c)) is amended--
(1) by inserting `(1)' after `(c)'; and
(2) by adding at the end the following:
`(2) Not later than 30 days after such final determination, a State
dissatisfied with such final determination may appeal such final
determination to the Secretary for review. If the State timely appeals such
final determination in accordance with subsection (e)(1), the Secretary
shall dismiss the appeal filed under this paragraph.
`(3) If the State is dissatisfied with the decision of the Secretary after
review under paragraph (2), the State may appeal such decision not later
than 30 days after such decision and in the manner described in subsection
(e). For purposes of appellate review under the preceding sentence, a
reference in subsection (e) to the Commissioner shall be deemed to be a
reference to the Secretary.'.
(q) REPEAL OF EXPIRED PROVISION- Section 307(f) of the Older Americans
Act of 1965 (42 U.S.C. 3027(f)) is repealed.
(r) PROTECTION OF COMMERCIAL INFORMATION- Section 307(g) of the Older
Americans Act of 1965 (42 U.S.C. 3027(g)) is amended--
(1) by striking `(g)' and inserting `(f)(1)'; and
(2) by adding at the end the following:
`(2) Information disclosed under section 306(a)(14)(B)(i) or subsection
(a)(7)(C)(ii)(I) may be disclosed to the public by the State agency or
the State only if such information could be disclosed under section 552
of title 5, United States Code, by an agency of the United States.'.

3c95805602057eedaad991c57a35c7c9afd533644dd2e0bc8c4013e78d3d0c75

PLANS.
Section 308 of the Older Americans Act of 1965 (42 U.S.C. 3028) is amended--
(1) in subsection (a)(3) by inserting `been' after `which has'; and
(2) in subsection (b)--
(A) in paragraph (4)--
(i) by inserting `(A)' after `(4)';
(ii) in the first sentence--
(I) by inserting `and except as provided in subparagraph (B)' after
`this title';
(II) by striking `received under section 303(b)(1) and (2), a' and inserting
`received by a State and attributable to funds appropriated under paragraph
(1) or (2) of section 303(b), the'; and
(III) by striking `a portion of the funds appropriated' and inserting
`not more than 30 percent of the funds so received'; and
(iii) by adding at the end the following:
`(B) If a State demonstrates, to the satisfaction of the Commissioner,
that funds received by the State and attributable to funds appropriated
under paragraph (1) or (2) of section 303(b), including funds transferred
under subparagraph (A) without regard to this subparagraph, for fiscal
year 1993, 1994, 1995, or 1996 are insufficient to satisfy the need for
services under subpart 1 or subpart 2 of part C, then the Commissioner
may grant a waiver that permits the State to transfer under subparagraph
(A) to satisfy such need--
`(i) an additional 18 percent of the funds so received for fiscal year 1993;
`(ii) an additional 15 percent of the funds so received for each of the
fiscal years 1994 and 1995; and
`(iii) an additional 10 percent of the funds so received for fiscal year
1996.'; and
(B) by striking paragraph (5) and inserting the following:
`(5)(A) Notwithstanding any other provision of this title and except as
provided in subparagraph (B), of the funds received by a State attributable
to funds appropriated under subsection (a)(1), and paragraphs (1) and (2)
of subsection (b), of section 303, the State may elect to transfer not
more than 30 percent for fiscal year 1993, not more than 25 percent for
fiscal year 1994, not more than 25 percent for fiscal year 1995, and not
more than 20 percent for fiscal year 1996, between programs under part B
and part C, for use as the State considers appropriate. The State shall
notify the Commissioner of any such election.
`(B)(i) If a State demonstrates, to the satisfaction of the Commissioner,
that funds received by the State and attributable to funds appropriated
under part B or part C (including funds transferred under subparagraph
(A) without regard to this subparagraph) for fiscal year 1994 or 1995 are
insufficient to satisfy the need for services under such part, then the
Commissioner may grant a waiver that permits the State to transfer under
subparagraph (A) to satisfy such need an additional 5 percent of the funds
so received for such fiscal year.
`(ii) If a State demonstrates, to the satisfaction of the Commissioner,
that funds received by the State and attributable to funds appropriated
under part B or part C (including funds transferred under subparagraph (A)
without regard to this subparagraph) for fiscal year 1996 are insufficient
to satisfy the need for services under such part, then the Commissioner
may grant a waiver that permits the State to transfer under subparagraph
(A) to satisfy such need an additional 8 percent of the funds so received
for such fiscal year.
`(C) At a minimum, the application described in subparagraph (A) shall
include a description of the amount to be transferred, the purposes of
the transfer, the need for the transfer, and the impact of the transfer on
the provision of services from which the funding will be transferred. The
Commissioner shall approve or deny the application in writing.
`(6) A State agency may not delegate to an area agency on aging or any other
entity the authority to make a transfer under paragraph (4)(A) or (5)(A).
`(7) The Commissioner shall annually collect, and include in the report
required by section 207(a), data regarding the transfers described in
paragraphs (4)(A) and (5)(A), including--
`(A) the amount of funds involved in the transfers, analyzed by State;
`(B) the rationales for the transfers;
`(C) in the case of transfers described in paragraphs (4)(A) and (5)(A),
the effect of the transfers of the provision of services, including the
effect on the number of meals served, under--
`(i) subpart 1 of part C; and
`(ii) subpart 2 of part C; and
`(D) in the case of transfers described in paragraph (5)(A)--
`(i) in the case of transfers to part B, information on the supportive
services, or services provided through senior centers, for which the
transfers were used; and
`(ii) the effect of the transfers on the provision of services provided
under--
`(I) part B; and
`(II) part C, including the effect on the number of meals served.'.

f841d591cd7850c51b4e525a5ec2e81472f28880aa1b0e3ae4d7fe0d8b2ec48d

Section 310 of the Older Americans Act of 1965 (42 U.S.C. 3030) is amended--
(1) in subsection (a)--
(A) in paragraph (1) by inserting `(and related supplies)' after `supportive
services'; and
(B) by adding at the end the following:
`(3) If the Commissioner decides, in the 5-day period beginning on the
date such disaster is declared by the President, to provide an amount of
reimbursement under paragraph (1) to a State, then the Commissioner shall
provide not less than 75 percent of such amount to such State not later
than 5 days after the date of such decision.'; and
(2) in subsections (a)(2) and (b)--
(A) by striking `5 percent' each place it appears and inserting `2
percent'; and
(B) by striking `for carrying out the purposes of section 422' each place
it appears and inserting `to carry out title IV'.

52d906d2a6b914f66dc9f203578429966363b1d29b3fe2239c3f0a836e4d0f91

Section 311 of the Older Americans Act of 1965 (42 U.S.C. 3030a) is amended--
(1) in subsection (a)(4)--
(A) by designating the first sentence as subparagraph (A);
(B) by designating the second and third sentence as subparagraph (B),
and indenting accordingly; and
(C) in subparagraph (A), as designated by subparagraph (A) of this paragraph,
by striking `shall maintain' and all that follows, and inserting the
following:
`shall maintain--
`(i) for fiscal year 1992, a level of assistance equal to the greater of--
`(I) a per meal rate equal to the amount appropriated under subsection
(c) for fiscal year 1992, divided by the number of meals served in the
preceding fiscal year; or
`(II) 61 cents per meal; and
`(ii) for fiscal year 1993 and each subsequent fiscal year, an annually
programmed level of assistance equal to the greater of--
`(I) a per meal rate equal to the amount appropriated under subsection
(c) for the fiscal year, divided by the number of meals served in the
preceding fiscal year; or
`(II) 61 cents per meal, adjusted in accordance with changes in the series
for food away from home, of the Consumer Price Index For All Urban Consumers,
published by the Bureau of Labor Statistics of the Department of Labor,
based on the 12-month period ending on July 1 of the preceding year.'; and
(2) in subsection (c)--
(A) in paragraph (1)(A) by striking `$151,000,000' and all that follows
through `1991', and inserting `$250,000,000 for fiscal year 1992,
$310,000,000 for fiscal year 1993, $380,000,000 for fiscal year 1994,
and $460,000,000 for fiscal year 1995'; and
(B) in paragraph (2)--
(i) by striking `(2) In' and inserting `(2)(A) Except as provided in
subparagraph (B), in'; and
(ii) by adding at the end the following new subparagraph:
`(B) In each fiscal year, the final reimbursement claims shall be adjusted to
use the full amount appropriated under this subsection for the fiscal year.'.

9580e4501e2d73f591847e54749f240c6ce8edc5f178e95b040449de66cd110e

Part A of title III of the Older Americans Act of 1965 (42 U.S.C. 3021-3030c)
is amended by adding at the end the following:
`SEC. 314. RIGHTS RELATING TO IN-HOME SERVICES FOR FRAIL OLDER INDIVIDUALS.
`(a) PROMOTION- The Commissioner shall require entities that provide in-home
services under this title to promote the rights of each older individual
who receives such services. Such rights include the following:
`(1) The right--
`(A) to be fully informed in advance about each in-home service provided
by such entity under this title and about any change in such service that
may affect the well-being of such individual; and
`(B) to participate in planning and changing an in-home service provided
under this title by such entity unless such individual is judicially
adjudged incompetent.
`(2) The right to voice a grievance with respect to such service that is
or fails to be so provided, without discrimination or reprisal as a result
of voicing such grievance.
`(3) The right to confidentiality of records relating to such individual.
`(4) The right to have the property of such individual treated with respect.
`(5) The right to be fully informed (orally and in writing), in advance
of receiving an in-home service under this title, of such individual's
rights and obligations under this title.'.

257ca84edb40d7581893620d7a9d05a10e61f9a0d49cad664be10aac6022ec27

Section 321(a) of the Older Americans Act of 1965 (42 U.S.C. 3030d(a))
is amended--
(1) in paragraph (3) by inserting `(including information and assistance
services)' after `and services';
(2) in paragraph (3) by inserting before the semicolon at the end the
following: `, including language translation services to assist older
individuals with limited-English speaking ability to obtain services under
this title';
(3) in paragraph (4)--
(A) by striking `or (C)' and inserting `(C)'; and
(B) by inserting `; or (D) to receive applications from older individuals
for housing under section 202 of the Housing Act of 1959 (12 U.S.C. 1701Q)'
before the semicolon at the end;
(4) by amending paragraph (6) to read as follows:
`(6) services designed to provide to older individuals legal assistance
and other counseling services and assistance, including--
`(A) tax counseling and assistance, financial counseling, and counseling
regarding appropriate health and life insurance coverage;
`(B) representation--
`(i) of individuals who are wards (or are allegedly incapacitated); and
`(ii) in guardianship proceedings of older individuals who seek to
become guardians, if other adequate representation is unavailable in the
proceedings; and
`(C) provision, to older individuals who provide uncompensated care to
their adult children with disabilities, of counseling to assist such older
individuals with permanency planning for such children;';
(5) in paragraph (7) by striking `physical activity and exercise' and
inserting `physical activity, exercise, music therapy, art therapy, and
dance-movement therapy';
(6) in paragraph (9) by striking `preretirement' and all that follows and
inserting `, for older individuals, preretirement counseling and assistance
in planning for and assessing future post-retirement needs with regard
to public and private insurance, public benefits, lifestyle changes,
relocation, legal matters, leisure time, and other appropriate matters;';
(7) in paragraph (11) by inserting before the semicolon the following:
`, and of older individuals who provide uncompensated care to their adult
children with disabilities';
(8) in paragraph (12) by inserting `and second career' after `including job';
(9) in paragraph (17) by inserting `, including information concerning
prevention, diagnosis, treatment, and rehabilitation of age-related diseases
and chronic disabling conditions' before the semicolon at the end;
(10) in paragraph (18) by striking `or' at the end;
(11) by redesignating paragraph (19) as paragraph (22); and
(12) by inserting after paragraph (18) the following:
`(19) services designed to support family members and other persons providing
voluntary care to older individuals that need long-term care services;
`(20) services designed to provide information and training for
individuals who are or may become guardians or representative payees
of older individuals, including information on the powers and duties of
guardians and representative payees and on alternatives to guardianships;
`(21) services to encourage and facilitate regular interaction between
school-age children and older individuals, including visits in long-term
care facilities, multipurpose senior centers, and other settings; or'.

a5ef07608730631ab2aa5df13d9c0306baf570d1e107b5ccf29463ada9acd3bf

Section 331(1) of the Older Americans Act of 1965 (42 U.S.C. 3030e(1))
is amended--
(1) by inserting `(except in a rural area where such frequency is not
feasible (as defined by the Commissioner by regulation) and a lesser
frequency is approved by the State agency)' after `week'; and
(2) by striking `, each of which' and all that follows through `Research
Council'.

8ad6c0955151ccaabcf15cf3228f13d1d7f00d83cb5219273110a451b56f5d86

Section 336 of the Older Americans Act of 1965 (42 U.S.C. 3030f) is amended--
(1) by inserting `(except in a rural area where such frequency is not
feasible (as defined by the Commissioner by regulation) and a lesser
frequency is approved by the State agency)' after `week'; and
(2) by striking `, each of which' and all that follows through `Research
Council'.

d251efeeed2f03469c62704e2632a3bd34f844d8d378c0daa498f45394b95f71

Section 337 of the Older Americans Act of 1965 (42 U.S.C. 3030g) is
amended by inserting `the Dietary Managers Association,' after `Dietetic
Association,'.

1ce647e0068cb081302a88788834fd18f16f58f91385a075e55548789b72b483

MULTIGENERATIONAL PROGRAMS.
(a) ESTABLISHMENT OF PROGRAM- Part C of title III of the Older Americans
Act of 1965 (42 U.S.C. 3030e et seq.) is amended by adding at the end
the following:
`Subpart 3--School-Based Meals for Volunteer Older Individuals and
Multigenerational Programs
`SEC. 338. ESTABLISHMENT.
`(a) IN GENERAL- The Commissioner shall establish and carry out, under State
plans approved under section 307, a program for making grants to States to
pay for the Federal share of establishing and operating projects in public
elementary and secondary schools (including elementary and secondary schools
for Indian children operated with Federal assistance, or operated by the
Department of the Interior, and referred to in section 1005(d)(2) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 2711(d)(2)) that--
`(1) provide hot meals, each of which ensures a minimum of one-third of
the daily recommended dietary allowances as established by the Food and
Nutrition Board of the National Research Council of the National Academy
of Sciences, to volunteer older individuals--
`(A) while such schools are in session;
`(B) during the summer; and
`(C) unless waived by the State involved, on the weekdays in the school
year when such schools are not in session;
`(2) provide multigenerational activities in which volunteer older
individuals and students interact;
`(3) provide social and recreational activities for volunteer older
individuals;
`(4) develop skill banks that maintain and make available to school officials
information on the skills and preferred activities of volunteer older
individuals, for purposes of providing opportunities for such individuals
to serve as tutors, teacher aides, living historians, special speakers,
playground supervisors, lunchroom assistants, and in other roles; and
`(5) provide opportunities for volunteer older individuals to participate
in school activities (such as classes, dramatic programs, and assemblies)
and use school facilities.
`(b) FEDERAL SHARE- The Federal share of the cost of establishing and
operating nutrition and multigenerational activities projects under this
subpart shall be 85 percent.
`SEC. 338A. APPLICATION AND SELECTION OF PROVIDERS.
`(a) CONTENTS OF APPLICATION- To be eligible to carry out a project under
the program established under this subpart, an entity shall submit an
application to a State agency. Such application shall include--
`(1) a plan describing the project proposed by the applicant and comments
on such plan from the appropriate area agency on aging and the appropriate
local educational agency (as defined in section 1471 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 2891));
`(2) an assurance that the entity shall pay not more than 85 percent of
the cost of carrying out such project from funds awarded under this subpart;
`(3) an assurance that the entity shall pay not less than 15 percent of
such cost, in cash or in kind, from non-Federal sources;
`(4) information demonstrating the need for such project, including a
description of--
`(A) the nutrition services and other services currently provided under
this part in the geographic area to be served by such project; and
`(B) the manner in which the project will be coordinated with such
services; and
`(5) such other information and assurances as the Commissioner may require
by regulation.
`(b) SELECTION AMONG APPLICANTS- In selecting grant recipients from among
entities that submit applications under subsection (a) for a fiscal year,
the State agency shall--
`(1) give first priority to entities that carried out a project under this
subpart in the preceding fiscal year;
`(2) give second priority to entities that carried out a nutrition project
under subpart 1 or title VI in the preceding fiscal year; and
`(3) give third priority to entities whose applications include a plan
that involves a school with greatest need (as measured by the dropout
rate, the level of substance abuse, and the number of children who have
limited-English proficiency or who participate in projects under section
1015 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 2025)).
`SEC. 338B. REPORTS.
`(a) REPORTS BY STATES- Not later than 60 days after the end of a fiscal
year for which a State receives a grant under this subpart, such State
shall submit to the Commissioner a report evaluating the projects carried
out under this subpart by such State in such fiscal year. Such report
shall include for each project--
`(1) a description of--
`(A) persons served;
`(B) multigenerational activities carried out; and
`(C) additional needs of volunteer older individuals and students; and
`(2) recommendations for any appropriate modifications to satisfy the
needs described in paragraph (1)(C).
`(b) REPORTS BY COMMISSIONER- Not later than 120 days after the end of a
fiscal year for which funds are appropriated to carry out this subpart, the
Commissioner shall submit to the Speaker of the House of Representatives
and the President pro tempore of the Senate a report summarizing, with
respect to each State, the reports submitted under subsection (a) for such
fiscal year.'.
(b) LIMITATION ON ADMINISTRATIVE COSTS- Section 303(c) of the Older
Americans Act of 1965 (42 U.S.C. 3023(c)) is amended--
(1) by striking `parts B and C' and inserting `part B, and subparts 1 and
2 of part C,'; and
(2) in paragraph (2) by inserting `under subparts 1 and 2 of part C' after
`nutrition services'.

23a0951f777d31e3dd104c2f6ec5740287e044c891e747bbc5f362515ef2c4aa

Part C of title III of the Older Americans Act of 1965 (42 U.S.C. 3030e
et seq.), as amended by section 316, is amended by adding at the end
the following:
`Subpart 4--General Provisions
`SEC. 339. COMPLIANCE WITH DIETARY GUIDELINES.
`A State that establishes and operates a nutrition project under this part
shall ensure that the meals provided through the project--
`(1) comply with the Dietary Guidelines for Americans, published by the
Secretary and the Secretary of Agriculture; and
`(2) provide to each participating older individual--
`(A) a minimum of 33 1/3  percent of the daily recommended dietary allowances
as established by the Food and Nutrition Board of the National Research
Council of the National Academy of Sciences, if the project provides 1
meal per day;
`(B) a minimum of 66 2/3  percent of the allowances if the project provides
2 meals per day; and
`(C) 100 percent of the allowances if the project provides 3 meals per day.'.
`SEC. 339A. PAYMENT REQUIREMENT.
`Payments made by a State agency or an area agency on aging for nutrition
services (including meals) provided under part A, B, or C may not be
reduced to reflect any increase in the level of assistance provided under
section 311.'.

f300c3b7d3469c96bcd3d491e33cbbb18f8cd6903b151096451a28d4dc83eb26

Section 342 of the Older Americans Act of 1965 (42 U.S.C. 3030i), as
amended by section 102(b)(7) of this Act, is amended--
(1) in paragraph (4) by striking `and' at the end;
(2) in paragraph (5) by striking the period at the end and inserting a
semicolon; and
(3) by adding at the end the following:
`(6) personal care services; and
`(7) other in-home services as defined--
`(A) by the State agency in the State plan submitted in accordance with
section 307; and
`(B) by the area agency on aging in the area plan submitted in accordance
with section 306.'.

88f6c8295bfc2c7afa0dd15534e258981a89820e116a597b6e483eb26d573a88

(a) PROGRAM AUTHORIZED- Section 361 of the Older Americans Act of 1965
(42 U.S.C. 3030m) is amended--
(1) by amending subsection (a) to read as follows:
`(a) The Commissioner shall carry out a program for making grants to
States under State plans approved under section 307 to provide disease
prevention and health promotion services and information at multipurpose
senior centers, at congregate meal sites, through home delivered meals
programs, or at other appropriate sites. In carrying out such program,
the Commissioner shall consult with the Directors of the Centers for
Disease Control and the National Institute on Aging.';
(2) by striking subsection (b); and
(3) by redesignating subsection (c) as subsection (b).
(b) DEFINITION- Section 363 of the Older Americans Act of 1965 (42
U.S.C. 3030o) is amended to read as follows:
`SEC. 363. DEFINITION.
`As used in this part, the term `disease prevention and health promotion
services' means--
`(1) health risk assessments;
`(2) routine health screening, which may include hypertension, glaucoma,
cholesterol, cancer, vision, hearing, diabetes, and nutrition screening;
`(3) nutritional counseling and educational services for individuals and
their primary caregivers;
`(4) health promotion programs, including programs relating to chronic
disabling conditions (including osteoporosis and cardiovascular disease)
prevention and reduction of effects, alcohol and substance abuse reduction,
smoking cessation, weight loss and control, and stress management;
`(5) programs regarding physical fitness, group exercise, and music,
art, and dance-movement therapy, including programs for multigenerational
participation that are provided by--
`(A) an institution of higher education;
`(B) a local educational agency, as defined in section 1471 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 2891); or
`(C) a community-based organization;
`(6) home injury control services, including screening of high-risk home
environments and provision of educational programs on injury prevention
(including fall and fracture prevention) in the home environment;
`(7) screening for the prevention of depression, coordination of community
mental health services, provision of educational activities, and referral
to psychiatric and psychological services;
`(8) educational programs on the availability, benefits, and appropriate
use of preventive health services covered under title XVIII of the Social
Security Act (42 U.S.C. 1395 et seq.);
`(9) medication management screening and education to prevent incorrect
medication and adverse drug reactions;
`(10) information concerning diagnosis, prevention, treatment, and
rehabilitation of age-related diseases and chronic disabling conditions,
including osteoporosis, cardiovascular diseases, and Alzheimer's disease
and related disorders with neurological and organic brain dysfunction; and
`(11) gerontological counseling; and
`(12) counseling regarding social services and followup health services
based on any of the services described in paragraphs (1) through (11).
The term shall not include services for which payment may be made under
title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.).'.
(c) CONFORMING AMENDMENT- Part F of title III of the Older Americans Act of
1965 (42 U.S.C. 3030m et seq.) is amended in the part heading by striking
`PREVENTIVE HEALTH SERVICES' and inserting `DISEASE PREVENTION AND HEALTH
PROMOTION SERVICES'.

99eb988c610aa7a1150e1e4299d03f320671aece1e79141c4a98fe289a00daa2

TO FRAIL OLDER INDIVIDUALS.
Part G of title III of the Older Americans Act of 1965 (42 U.S.C. 3021-3030p)
is amended to read as follows:
`Part G--Supportive Activities for Caretakers Who Provide In-Home Services
to Frail Older Individuals
`SEC. 381. PROGRAM AUTHORIZED.
`The Commissioner shall carry out a program for making grants to States
under State plans approved under section 307 to carry out a program to
provide supportive activities for caretakers who provide in-home services
to frail older individuals (including older individuals who are victims
of Alzheimer's disease or related disorders with neurological and organic
brain dysfunction). Such supportive activities may include--
`(1) providing training and counseling for such caretakers;
`(2) technical assistance to such caretakers to assist them to form or to
participate in support groups;
`(3) providing information--
`(A) to frail older individuals and their families regarding how to obtain
in-home services and respite services; and
`(B) to caretakers who provide such services, regarding--
`(i) how to provide such services; and
`(ii) sources of nonfinancial support available to them as a result of
their providing such services; and
`(4) maintaining lists of individuals who provide respite services for
the families of frail older individuals.
`SEC. 382. DEFINITIONS.
`For purposes of this part, the term `in-home services' has the meaning
given such term in section 342.
`SEC. 383. MAINTENANCE OF EFFORT.
`Section 344 shall apply with respect to funds made available under this
part, in the same manner as such section applies to funds made available
under part D.'.

a260424227ac0446b009173d90ea1208953f30244d9d69a2d025c7d1bc7f42d3

Section 401 of the Older Americans Act of 1965 (42 U.S.C. 3030aa) is amended
in the matter preceding paragraph (1) by inserting `and publicly disseminate
the results of the tests, to replicate such programs and services under
this Act,' after `individuals,'.

611cb04f767788be81f1b54dc1b6edb947d9a03e0431c8d5d11157aa317569fa

Section 402 of the Older Americans Act of 1965 (42 U.S.C. 3030bb) is
amended by adding at the end the following:
`(d) The Commissioner shall, in developing priorities, consistent with
the requirements of this title, for awarding grants and entering into
contracts under this title, consult annually with State agencies, area
agencies on aging, recipients of grants under title VI, institutions of
higher education, organizations representing beneficiaries of services
under this Act, and other organizations, and individuals, with expertise
in aging issues.
`(e) The Commissioner shall ensure that grants and contracts awarded under
this title--
`(1) are evaluated for their benefit to older individuals, and to programs
under this Act; and
`(2) comply with the requirements under this Act.'.

2311144350906b14de739b6c633bf57f8182d5774fe402e766c22e41a24f7fcf

Section 410(3) of the Older Americans Act of 1965 (42 U.S.C. 3030jj(3))
is amended by inserting `, with particular emphasis on attracting minority
individuals,' after `qualified personnel'.

7995c2197b6ae6f8cbdd65b42c6fb7bbe6674d48e581c82127c57b692e9f132d

(a) IN GENERAL- Section 411(a) of the Older Americans Act of 1965 (42
U.S.C. 3031(a)) is amended--
(1) in paragraph (1) by inserting `gerontology,' after `(including mental
health) care,';
(2) in paragraph (2)--
(A) by inserting `and counseling' after `nutrition'; and
(B) by inserting `, with special emphasis on using culturally sensitive
practices' before the period; and
(3) by adding at the end the following:
`(5) To provide annually a national meeting to train directors of programs
under title VI.'.
(b) TRAINING OF SERVICE PROVIDERS- Section 411 of the Older Americans Act
of 1965 (42 U.S.C. 3031) is amended by adding at the end the following:
`(e) From amounts appropriated under 431(b), the Commissioner shall make
grants and enter into contracts under this part to establish and carry
out a program under which service providers (including family physicians,
clergy, and other professionals) will receive training--
`(1) comprised of--
`(A) intensive training regarding normal aging, recognition of problems
of older individual, and communication with providers of mental health
services; and
`(B) advanced clinical training regarding means of assessing and treating
the problems of older individuals;
`(2) provided by--
`(A) faculty and graduate students in programs of human development and
family studies at an institution of higher education;
`(B) mental health professionals; and
`(C) nationally recognized consultants with expertise regarding the mental
health problems of individuals residing in rural areas; and
`(3) held in public hospitals throughout each State in which the program
is carried out.'.

b92aba66189197ef78d0556f60961c67b5cc4088a6a56224f1f31e210a79fb4e

Section 412(a) of the Older Americans Act of 1965 (42 U.S.C. 3032(a))
is amended--
(1) in the first sentence by inserting `counseling services,' after
`maintenance,'; and
(2) in paragraph (4) by inserting `social work, and psychology,' after
`education,'.

57230fb7aefac646bea6e107c367136a0241ab50c971819959ba3ec5d0d10f28

Section 422 of the Older Americans Act of 1965 (42 U.S.C. 3035a) is amended--
(1) in subsection (a)(2) by striking `preventive health service programs'
and inserting `disease prevention and health promotion programs (including
coordinated multidisciplinary research projects on the aging process)';
(2) in subsection (b)--
(A) in paragraph (8) by striking `and' at the end;
(B) in paragraph (9) by striking `include' and all that follows and
inserting the following: `include projects furnishing multigenerational
services by older individuals addressing the needs of children, such as--
`(A) tutorial services in elementary and special schools;
`(B) after school programs for latchkey children; and
`(C) voluntary services for child care and youth day care programs;'; and
(C) by adding at the end the following:
`(10) meet the service needs of older individuals who provide uncompensated
care to their adult children with disabilities, for supportive services
relating to such care, including--
`(A) respite services; and
`(B) legal advice, information, and referral services to assist such older
individuals with permanency planning for such children;
`(11) advance the understanding of the efficacy and benefits of providing
music therapy, art therapy, or dance-movement therapy to older individuals
through--
`(A) projects that--
`(i) study and demonstrate the provision of music therapy, art therapy,
or dance-movement therapy to older individuals who are institutionalized
or at risk of being institutionalized; and
`(ii) provide music therapy, art therapy, or dance-movement therapy--
`(I) in nursing homes, hospitals, rehabilitation centers, hospices, or
senior centers;
`(II) through disease prevention and health promotion services programs
established under part F of title III;
`(III) through in-home services programs established under part D of
title III;
`(IV) through multigenerational activities described in section 307(a)(41)(B)
or subpart 3 of part C of title III;
`(V) through supportive services described in section 321(a)(21); or
`(VI) through disease prevention and health promotion services described
in section 363(5); and
`(B) education, training, and information dissemination projects, including--
`(i) projects for the provision of gerontological training to music
therapists, and education and training of individuals in the aging network
regarding the efficacy and benefits of music therapy for older individuals;
and
`(ii) projects for disseminating to the aging network and to music
therapists background materials on music therapy, best practice manuals,
and other information on providing music therapy to older individuals; and
`(12)(A) establish, in accordance with subparagraph (B), nationwide,
statewide, regional, metropolitan area, county, city, or community model
volunteer service credit projects to demonstrate methods to improve or
expand supportive services or nutrition services, or otherwise promote
the wellbeing of older individuals;
`(B) for purposes of paying part or all of the cost of developing or
operating the projects, in the fiscal year, make not fewer than three
and not more than five grants to, or contracts with, public agencies or
nonprofit private organizations in such State; and
`(C) ensure that the projects will be operated in consultation with the
ACTION Agency and will permit older individuals who are volunteers to earn,
for services furnished, credits that may be redeemed later for similar
volunteer services.'; and
(3) in subsection (d)(2)--
(A) by inserting `(A)' after the paragraph designation; and
(B) by adding at the end the following:
`(B) An agency or organization that receives a grant or enters into a
contract to carry out a project described in subparagraph (A) or (B)(i)
of subsection (b)(11) shall submit to the Commissioner a report containing--
`(i) the results, and findings based on the results, of such project; and
`(ii) the recommendations of the agency or organization, if the agency
or organization provided music therapy, regarding means by which music
therapy could be made available, in an efficient and effective manner,
to older individuals who would benefit from the therapy.'.

788471c8f68b13ad8fbca7980c7d080e7caea88af322920cde112e933f657871

(a) IN GENERAL- Section 423 of the Older Americans Act of 1965 (42
U.S.C. 3035b) is amended to read as follows:
`SEC. 423. SPECIAL PROJECTS IN COMPREHENSIVE LONG-TERM CARE.
`(a) DEFINITIONS- As used in this section:
`(1) PROJECT- The term `Project' means a Project to Improve the Delivery
of Long-Term Care Services.
`(2) RESOURCE CENTER- The term `Resource Center' means a Resource Center
for Long-Term Care.
`(b) RESOURCE CENTERS-
`(1) GRANTS AND CONTRACTS- The Commissioner shall award grants to, or enter
into contracts with, eligible entities to support the establishment or
operation of not fewer than four and not more than seven Resource Centers
in accordance with paragraph (2).
`(2) REQUIREMENTS-
`(A) FUNCTIONS- Each Resource Center that receives funds under this
subsection shall, with respect to subjects within an area of specialty of
the Resource Center--
`(i) perform research;
`(ii) provide for the dissemination of results of the research; and
`(iii) provide technical assistance and training to State agencies and
area agencies on aging.
`(B) AREA OF SPECIALITY- For purposes of subparagraph (A) the term `area
of speciality' means--
`(i) Alzheimer's disease and related dementias, and other cognitive
impairments;
`(ii) client assessment and case management;
`(iii) data collection and analysis;
`(iv) home modification and supportive services to enable older individuals
to remain in their homes;
`(v) consolidation and coordination of services;
`(vi) linkages between acute care, rehabilitative services, and long-term
care, facilities and providers;
`(vii) decisionmaking and bioethics;
`(viii) supply, training, and quality of long-term care personnel, including
those who provide rehabilitative services;
`(ix) rural issues, including barriers to access to services;
`(x) chronic mental illness;
`(xi) populations with greatest social need and populations with greatest
economic need, with particular attention to low-income minorities; and
`(xii) an area of importance as determined by the Commissioner.
`(c) PROJECTS- The Commissioner shall award grants to, or enter into
contracts with, eligible entities to support the entities in establishing
and carrying out not fewer than 10 Projects.
`(d) USE OF FUNDS-
`(1) IN GENERAL- Except as provided in paragraph (2), an eligible entity
may use funds received under a grant or contract--
`(A) described in subsection (b)(1) to pay for part or all of the cost
(including startup cost) of establishing and operating a new Resource
Center, or of operating a Resource Center in existence on the day before
the date of the enactment of the Older Americans Act Amendments of 1992; or
`(B) described in subsection (c) to pay for part or all of the cost
(including startup cost) of establishing and carrying out a Project.
`(2) REIMBURSABLE DIRECT SERVICES- None of the funds may be used to pay for
direct services that are eligible for reimbursement under title XVIII, XIX,
or XX of the Social Security Act (42 U.S.C. 1395 et seq., 1396 et seq.,
or 1397 et seq.).
`(e) PREFERENCE- In awarding grants, and entering into contracts, under
this section, the Commissioner shall give preference to entities that
demonstrate that--
`(1) adequate State standards have been developed to ensure the quality
of services provided under the grant or contract; and
`(2) the entity has made a commitment to carry out programs under the grant
or contract with each State agency responsible for the administration of
title XIX or XX of the Social Security Act.
`(f) APPLICATION-
`(1) IN GENERAL- To be eligible to receive funds under a grant or contract
described in subsection (b)(1) or (c), an entity shall submit an application
to the Commissioner at such time, in such manner, and containing such
information as the Commissioner may require.
`(2) PROJECT APPLICATION- An entity seeking a grant or contract under
subsection (c) shall submit an application to the Commissioner containing,
at a minimum--
`(A) information identifying and describing gaps, weaknesses, or other
problems in the delivery of long-term care services in the State or
geographic area to be served by the entity, including--
`(i) duplication of functions in the delivery of such services, including
duplication at the State and local level;
`(ii) fragmentation of systems, especially in coordinating services to
populations of older individuals and other populations;
`(iii) barriers to access for populations with greatest social need and
populations with greatest economic need, including minorities and residents
of rural areas;
`(iv) lack of financing for such services;
`(v) lack of availability of adequately trained personnel to provide such
services; and
`(vi) lack of a range of chronic care services (including rehabilitative
strategies) that promote restoration, maintenance, or improvement of
function in older individuals;
`(B) a plan to address the gaps, weaknesses, and problems described in
clauses (i) through (v); and
`(C) information describing the extent to which the entity will coordinate
with area agencies on aging and service providers in carrying out the
proposed Project.
`(g) ELIGIBLE ENTITIES-
`(1) RESOURCE CENTERS- Entities eligible to receive grants, or enter into
contracts, under subsection (b)(1) shall be--
`(A) institutions of higher education; and
`(B) other public agencies and nonprofit private organizations.
`(2) PROJECTS- Entities eligible to receive grants, or enter into contracts,
under subsection (c) include--
`(A) State agencies; and
`(B) in consultation with State agencies--
`(i) area agencies on aging;
`(ii) institutions of higher education; and
`(iii) other public agencies and nonprofit private organizations.
`(h) REPORT- The Commissioner shall include in the annual report to the
Congress required by section 207, a report on the grants awarded, and
contracts entered into, under this section, including--
`(1) an analysis of the relative effectiveness, and recommendations for
any changes, of the projects of Resource Centers funded under subsection
(b)(1) in the fiscal year for which the Commissioner is preparing the
annual report; and
`(2) an evaluation of the needs identified, the agencies utilized, and the
effectiveness of the approaches used by projects funded under subsection (c).
`(i) AVAILABILITY OF FUNDS- The Commissioner shall make available for
carrying out subsection (b) for each fiscal year not less than the amount
made available in fiscal year 1991 for making grants and entering into
contracts to establish and operate Resource Centers under section 423 as in
effect on the day before the date of the enactment of the Older Americans
Act Amendments of 1992.'.
(b) OBLIGATION- Not later than 60 days after the date of enactment of this
Act, the Commissioner shall obligate, from the funds appropriated under
section 431(a)(1) of the Older Americans Act of 1965 (42 U.S.C. 3037(a)(1))
for fiscal year 1992--
(1) not less than the amount described in section 423(i) of such Act
(42 U.S.C. 3035b(i)) for carrying out section 423(b)(1) of such Act; and
(2) such sums as may be necessary for carrying out section 423(c) of
such Act.

b8b982c1228a9beba3b3a813474c1188e907fa65fc1123edf77417abd021e1dc

Section 427(a) of the Older Americans Act of 1965 (42 U.S.C. 3035f(a))
is amended by inserting `, legal assistance agencies,' after `ombudsman
program'.

79fdcef4f6932a549ff4b4f3952d7a2152b906378c86c40363dd0fc5ef1a1915

Part B of title IV of the Older Americans Act of 1965 (42 U.S.C. 3034-3035g)
is amended by adding at the end the following:
`SEC. 429. DEMONSTRATION PROJECTS FOR MULTIGENERATIONAL ACTIVITIES.
`(a) GRANTS AND CONTRACTS- The Commissioner may award grants and enter into
contracts with eligible organizations to establish demonstration projects
that provide older individuals with multigenerational activities.
`(b) USE OF FUNDS- An eligible organization shall use funds made available
under a grant awarded, or a contract entered into, under subsection (a)--
`(1) to carry out a demonstration project that provides multigenerational
activities, including any professional training appropriate to such
activities for older individuals; and
`(2) to evaluate the project in accordance with subsection (f).
`(c) AWARDS- In awarding grants and entering into contracts under subsection
(a), the Commissioner shall give preference to--
`(1) eligible organizations with a demonstrated record of  carrying out
multigenerational activities; and
`(2) eligible organizations proposing projects that will serve older
individuals with greatest economic need (with particular attention to
low-income minority individuals).
`(d) APPLICATION- To be eligible to receive a grant or enter into a
contract under subsection (a), an organization shall submit an application
to the Commissioner at such time, in such manner, and accompanied by such
information as the Commissioner may reasonably require.
`(e) ELIGIBLE ORGANIZATIONS- Organizations eligible to receive a grant
or enter into a contract under subsection (a) shall be organizations that
employ, or provide opportunities for, older individuals in multigenerational
activities.
`(f) LOCAL EVALUATION AND REPORT-
`(1) EVALUATION- Each organization receiving a grant or a contract under
subsection (a) to carry out a demonstration project shall evaluate the
activities assisted under the project to determine the effectiveness of
multigenerational activities, the impact of such activities on child care
and youth day care programs, and the impact on older individuals involved
in such project.
`(2) REPORT- The organization shall submit a report to the Commissioner
containing the evaluation not later than 6 months after the expiration of
the period for which the grant or contract is in effect.
`(g) REPORT TO CONGRESS- Not later than 6 months after the Commissioner
receives the reports described in subsection (f)(2), the Commissioner
shall prepare and submit to the Speaker of the House of Representatives
and the President pro tempore of the Senate a report that assesses the
evaluations and includes, at a minimum--
`(1) the names or descriptive titles of the demonstration projects funded
under subsection (a);
`(2) a description of the nature and operation of the projects;
`(3) the name and address of the individual or governmental entity that
conducted the projects;
`(4) a description of the methods and success of the projects in recruiting
older individuals as employees and volunteers to participate in the project;
`(5) a description of the success of the projects retaining older individuals
involved in the projects as employees and as volunteers; and
`(6) the rate of turnover of older individual employees and volunteers in
the projects.
`(h) DEFINITION- As used in this section, the term `multigenerational
activity' includes an opportunity to serve as a mentor or adviser in a
child care program, a youth day care program, an educational assistance
program, an at-risk youth intervention program, a juvenile delinquency
treatment program, or a family support program.'.

8b6288f1713570222b117a6b2525f7264f002d7f039de2487bfd8359dd8dc31b

PROGRAM.
Part B of title IV of the Older Americans Act of 1965 (42 U.S.C. 3034-3035g)
(as amended by section 409) is amended by adding at the end the following:
`SEC. 429A. SUPPORTIVE SERVICES IN FEDERALLY ASSISTED HOUSING DEMONSTRATION
PROGRAM.
`(a) GRANTS- The Commissioner shall award grants to eligible agencies to
establish demonstration programs to provide services described in subsection
(b) to older individuals who are residents in federally assisted housing
(referred to in this section as `residents').
`(b) USE OF GRANTS- An eligible agency shall use a grant awarded under
subsection (a) to conduct outreach and to provide to residents services
including--
`(1) meal services;
`(2) transportation;
`(3) personal care, dressing, bathing, and toileting;
`(4) housekeeping and chore assistance;
`(5) nonmedical counseling;
`(6) case management;
`(7) other services to prevent premature and unnecessary
institutionalization; and
`(8) other services provided under this Act.
`(c) AWARD OF GRANTS- The Commissioner shall award grants under subsection
(a) to agencies in a variety of geographic settings, including urban and
rural settings.
`(d) APPLICATION- To be eligible to receive a grant under subsection (a),
an agency shall submit an application to the Commissioner at such time,
in such manner, and containing such information as the Commissioner may
require, including, at a minimum--
`(1) information demonstrating a lack of, and need for, services described
in subsection (b) in federally assisted housing projects in the geographic
area proposed to be served by the applicant;
`(2) a comprehensive plan to coordinate with housing facility management to
provide services to frail older individuals who are in danger of premature
or unnecessary institutionalization;
`(3) information demonstrating initiative on the part of the agency to
address the supportive service needs of residents;
`(4) information demonstrating financial, in-kind, or other support available
to the applicant from State or local governments, or from private resources;
`(5) an assurance that the agency will participate in the development
of the comprehensive housing affordability strategy under section 105 of
the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12705)
and seek funding for supportive services under the Department of Housing
and Urban Development or the Farmers Home Administration;
`(6) an assurance that the agency will target services to low-income
minority older individuals and conduct outreach;
`(7) an assurance that the agency will comply with the guidelines described
in subsection (f); and
`(8) a plan to evaluate the eligibility of older individuals for services
under the federally assisted housing demonstration program, which plan shall
include a professional assessment committee to identify such individuals.
`(e) ELIGIBLE AGENCIES- Agencies eligible to receive grants under this
section shall be State agencies and area agencies on aging.
`(f) GUIDELINES- The Commissioner shall issue guidelines for use by agencies
that receive grants under this section--
`(1) regarding the level of frailty that older individuals shall meet to
be eligible for services under a demonstration program established under
this section; and
`(2) for accepting voluntary contributions from residents who receive
services under such a program.
`(g) EVALUATIONS AND REPORTS-
`(1) AGENCIES- Each agency that receives a grant under subsection (a)
to establish a demonstration program shall, not later than 3 months after
the end of the period for which the grant is awarded--
`(A) evaluate the effectiveness of the program; and
`(B) submit a report containing the evaluation to the Commissioner.
`(2) COMMISSIONER- The Commissioner shall, not later than 6 months after the
end of the period for which the Commissioner awards grants under subsection
(a)--
`(A) evaluate the effectiveness of each demonstration program that receives
a grant under subsection (a); and
`(B) submit a report containing the evaluation to the Speaker of the House
of Representatives and the President pro tempore of the Senate.'.

74bd2ba250915aa2a0740a6f3f2fbcc54bcf84257479df5913595828b192a297

Part B of title IV of the Older Americans Act of 1965 (42 U.S.C. 3034-3035g)
(as amended by the preceding sections) is amended by adding at the end
the following:
`SEC. 429B. NEIGHBORHOOD SENIOR CARE PROGRAM.
`(a) DEFINITIONS- As used in this section:
`(1) HEALTH AND SOCIAL SERVICES- The term `health and social services'
includes skilled nursing care, personal care, social work services,
homemaker services, health and nutrition education, health screening,
home health aid services, and specialized therapies.
`(2) VOLUNTEER SERVICES- The term `volunteer services' includes peer
counseling, chore services, help with mail and taxes, transportation,
socialization, health and social services, and other similar services.
`(b) SERVICE GRANTS-
`(1) IN GENERAL- The Commissioner may award grants to eligible entities
to establish neighborhood senior care programs, in order to encourage
professionals to provide volunteer services to local residents who are
older individuals and who might otherwise have to be admitted to nursing
homes and to hospitals.
`(2) PREFERENCE- In awarding grants under this section, the Commissioner
shall give preference to applicants experienced in operating community
programs and programs meeting the independent living needs of older
individuals.
`(3) ADVISORY BOARD- The Commissioner shall establish an advisory board
to provide guidance to grant recipients regarding the neighborhood senior
care programs. Not fewer than two-thirds of the members of the advisory
board shall be residents in communities served by the grant recipients.
`(4) APPLICATION- To be eligible to receive a grant under this section,
an entity shall submit an application to the Commissioner at such time,
in such manner, and containing such information as the Commissioner may
reasonably require. Each application shall--
`(A) describe the activities in the program for which assistance is sought;
`(B) describe the neighborhood in which volunteer services are to be provided
under the program, and a plan for integration of volunteer services within
the neighborhood;
`(C)(i) provide assurances that nurses, social workers, and community
volunteers providing volunteer services and an outreach coordinator involved
with the project live in the neighborhood; or
`(ii)(I) reasons that it is not possible to provide such assurances; and
`(II) assurances that nurses, social workers, community volunteers and
the outreach coordinator will be assigned repeatedly to the particular
neighborhood; and
`(D) provide for an evaluation of the activities for which assistance
is sought.
`(c) TECHNICAL RESOURCE CENTER- The Commissioner shall, to the extent
appropriations are available, enter into a contract with an applicant
described in subsection (b)(2) to establish a technical resource center
that will--
`(1) assist the Commissioner in developing criteria for, and in awarding
grants to communities to establish, neighborhood senior care organizations
that will implement neighborhood senior care programs under subsection (b);
`(2) assist communities interested in establishing such a neighborhood
senior care program;
`(3) coordinate the neighborhood senior care programs;
`(4) provide ongoing analysis of and collection of data on the neighborhood
senior care programs and provide such data to the Commissioner;
`(5) serve as a liaison to State agencies interested in establishing
neighborhood senior care programs; and
`(6) take any further actions as required by regulation by the
Commissioner.'.

5a33a739a33f78c57093da4e5f0eee7c32120a504cf1852d30ca9aecddb9c2b2

Part B of title IV of the Older Americans Act of 1965 (42 U.S.C. 3034-3035g)
(as amended by the preceding sections) is amended by adding at the end
the following:
`SEC. 429C. INFORMATION AND ASSISTANCE SYSTEMS DEVELOPMENT PROJECTS.
`(a) GRANTS- The Commissioner may--
`(1) make grants to State agencies, and, in consultation with State agencies,
to area agencies on aging to support the improvement of information and
assistance services, and systems of services, operated at the State and
local levels; and
`(2) make grants to organizations to provide training and technical
assistance to State agencies, area agencies on aging, and providers of
supportive services--
`(A) to support a national telephone access service to inform older
individuals, families, and caregivers about State and local information
and assistance services funded under this Act; and
`(B) to support the improvement of information and assistance services,
and systems of services, operated at the State and local levels.
`(b) APPLICATION- To be eligible to receive a grant under subsection (a)
an agency or organization shall submit an application to the Commissioner
at such time, in such manner, and containing such information as the
Commissioner may specify.
`(c) GUIDELINES- The Commissioner shall establish guidelines for the
operation of the national telephone access service described in subsection
(a)(2)(A).
`(d) EVALUATION AND REPORT-
`(1) EVALUATION- The Commissioner shall conduct an evaluation of the
effectiveness of the national telephone service described in subsection
(a)(2)(A) in providing information and assistance services to older
individuals, families, and caregivers about State and local information
and assistance services.
`(2) REPORT- Not later than January 1, 1995, the Commissioner shall submit
the evaluation described in paragraph (1) to the Speaker of the House of
Representatives and the President pro tempore of the Senate.'.

909246598e6be9130320b7899aa9de85f125f0b6bbce6580fab25a9f8ef4dd0f

Part B of title IV of the Older Americans Act of 1965 (42 U.S.C. 3034-3035g)
(as amended by the preceding sections) is amended by adding at the end
the following:
`SEC. 429D. SENIOR TRANSPORTATION DEMONSTRATION PROGRAM GRANTS.
`(a) ESTABLISHMENT- The Commissioner shall establish and carry out senior
transportation demonstration programs. In carrying out the programs,
the Commissioner shall award grants to not fewer than five eligible
entities for the purpose of improving the mobility of older individuals
and transportation services for older individuals (referred to in this
section as `senior transportation services').
`(b) USE OF FUNDS- Grants made under subsection (a) may be used to--
`(1) develop innovative approaches for improving access by older individuals
to supportive services under part B of title III, nutrition services under
part C of title III, health care, and other important services;
`(2) develop comprehensive and integrated senior transportation services; and
`(3) leverage additional resources for senior transportation services by--
`(A) coordinating various transportation services; and
`(B) coordinating various funding sources for transportation services,
including--
`(i) sources of assistance under--
`(I) sections 9, 16(b)(2), and 18 of the Urban Mass Transportation Act of
1964 (49 U.S.C. App.); and
`(II) titles XIX and XX of the Social Security Act (42 U.S.C. 1396 et
seq. and 1397 et seq.); and
`(ii) State and local sources.
`(c) AWARD OF GRANTS-
`(1) PREFERENCE- In awarding grants under subsection (a), the Commissioner
shall give preference to entities that--
`(A) demonstrate special needs for enhancing senior transportation services
and resources for the services within the geographic area served by the
entities;
`(B) establish plans to ensure that senior transportation services
are coordinated with general public transportation services and other
specialized transportation services;
`(C) demonstrate the ability to utilize the broadest range of available
transportation and community resources to provide senior transportation
services;
`(D) demonstrate the capacity and willingness to coordinate senior
transportation services with services provided under title III and with
general public transportation services and other specialized transportation
services; and
`(E) establish plans for senior transportation demonstration programs
designed to serve the special needs of low-income, rural, frail, and other
at-risk, transit-dependent older individuals.
`(2) RURAL ENTITIES- The Commissioner shall award not less than 50 percent
of the grants authorized under this section to entities located in, or
primarily serving, rural areas.
`(d) APPLICATION- An entity that seeks a grant under this section shall
submit an application to the Commissioner at such time, in such manner,
and containing such information as the Commissioner may require, including
at a minimum--
`(1) information describing senior transportation services for which the
entity seeks assistance;
`(2) a comprehensive strategy for developing a coordinated transportation
system or leveraging additional funding resources, to provide senior
transportation services;
`(3) information describing the extent to which the applicant intends
to coordinate the services of the applicant with the services of other
transportation providers;
`(4) a plan for evaluating the effectiveness of the proposed senior
transportation demonstration program and preparing a report containing
the evaluation to be submitted to the Commissioner; and
`(5) such other information as may be required by the Commissioner.
`(e) ELIGIBLE ENTITIES- Entities eligible to receive grants under this
section shall be--
`(1) State agencies;
`(2) area agencies on aging; and
`(3) other public agencies and nonprofit organizations.
`(f) REPORT-
`(1) PREPARATION- The Commissioner shall prepare, either directly or
through grants or contracts, annual reports on the senior transportation
demonstration programs established under this section. The reports
shall contain an assessment of the effectiveness of each demonstration
project and recommendations regarding legislative, administrative, and
other initiatives needed to improve the access to and effectiveness of
transportation services for older individuals.
`(2) SUBMISSION- The Commissioner shall submit the report described in
paragraph (1) to the Speaker of the House of Representatives and the
President pro tempore of the Senate.'.

c8562be773e28a8f871346008ba78ffe60e798f377c7ef9ad6d7163c7eec3927

Part B of title IV of the Older Americans Act of 1965 (42 U.S.C. 3034-3035g)
(as amended by the preceding sections) is amended by adding at the end
the following:
`SEC. 429E. RESOURCE CENTERS ON NATIVE AMERICAN ELDERS.
`(a) ESTABLISHMENT- The Commissioner shall make grants or enter into
contracts with not fewer than two and not more than four eligible entities to
establish and operate Resource Centers on Native American Elders (referred
to in this section as `Resource Centers'). The Commissioner shall make such
grants or enter into such contracts for periods of not less than 3 years.
`(b) FUNCTIONS-
`(1) IN GENERAL- Each Resource Center that receives funds under this
section shall--
`(A) gather information;
`(B) perform research;
`(C) provide for the dissemination of results of the research; and
`(D) provide technical assistance and training to entities that provide
services to Native Americans who are older individuals.
`(2) AREAS OF CONCERN- In conducting the functions described in paragraph
(1), a Resource Center shall focus on priority areas of concern for the
Resource Centers regarding Native Americans who are older individuals,
which areas shall be--
`(A) health problems;
`(B) long-term care, including in-home care;
`(C) elder abuse; and
`(D) other problems and issues that the Commissioner determines are of
particular importance to Native Americans who are older individuals.
`(c) PREFERENCE- In awarding grants and entering into contracts under
subsection (a), the Commissioner shall give preference to institutions
of higher education that have conducted research on, and assessment of,
the characteristics and needs of Native Americans who are older individuals.
`(d) CONSULTATION- In determining the type of information to be sought from,
and activities to be performed by, Resource Centers, the Commissioner shall
consult with the Associate Commissioner on American Indian, Alaskan Native,
and Native Hawaiian Aging and with national organizations with special
expertise in serving Native Americans who are older individuals.
`(e) ELIGIBLE ENTITIES- Entities eligible to receive a grant or enter into
a contract under subsection (a) shall be institutions of higher education
with experience conducting research and assessment on the needs of older
individuals.
`(f) REPORT TO CONGRESS- The Commissioner, with assistance from each
Resource Center, shall prepare and submit to the Speaker of the House
of Representatives and the President pro tempore of the Senate an annual
report on the status and needs including the priority areas of concern of
Native Americans who are older individuals.'.

bdb8eec1d41d50a8d2f36d5371545414280eacbfc57e25a7379b7195d606fd2a

DISABILITIES.
Part B of title IV of the Older Americans Act of 1965 (42 U.S.C. 3034-3035g)
(as amended by the preceding sections) is amended by adding at the end
the following:
`SEC. 429F. DEMONSTRATION PROGRAMS FOR OLDER INDIVIDUALS WITH DEVELOPMENTAL
DISABILITIES.
`(a) DEFINITION- As used in this section:
`(1) DEVELOPMENTAL DISABILITY- The term `developmental disability' has the
meaning given the term in section 102(5) of the Developmental Disabilities
Assistance and Bill of Rights Act (42 U.S.C. 6001(5)).
`(2) IN-HOME SERVICE- The term `in-home service' has the meaning given
the term in section 342.
`(b) ESTABLISHMENT- The Commissioner shall make grants to State agencies
to provide services in accordance with subsection (c).
`(c) USE OF FUNDS- A State agency may use a grant awarded under subsection
(b) to provide services for older individuals with developmental
disabilities, and for older individuals with caretaker responsibilities
for developmentally disabled children, including--
`(1) child care and youth day care programs;
`(2) programs to integrate the individuals into existing programs for
older individuals;
`(3) respite care;
`(4) transportation to multipurpose senior centers and other facilities
and services;
`(5) supervision;
`(6) renovation of multipurpose senior centers;
`(7) provision of materials to facilitate activities for older individuals
with developmental disabilities, and for older individuals with caretaker
responsibilities for developmentally disabled children;
`(8) training of State agency, area agency on aging, volunteer, and
multipurpose senior center staff, and other service providers, who work
with such individuals; and
`(9) in-home services.
`(d) APPLICATION- To be eligible to receive a grant under this section,
a State agency shall submit an application to the Commissioner at such
time, in such manner, and containing such information as the Commissioner
may require.'.

25d635e2bd0b65a62db3912c3ad3d827a61ca7b9f313ee39fd9996a615360adf

Part B of title IV of the Older Americans Act of 1965 (42 U.S.C. 3034-3035g)
(as amended by the preceding sections) is amended by adding at the end
the following:
`SEC. 429G. HOUSING DEMONSTRATION PROGRAMS.
`(a) HOUSING OMBUDSMAN DEMONSTRATION PROGRAMS-
`(1) GRANTS- The Commissioner shall award grants to eligible agencies to
establish housing ombudsman programs.
`(2) USE OF GRANTS- An eligible agency shall use a grant awarded under
paragraph (1) to--
`(A) provide the services described in subparagraph (B) through--
`(i) professional and volunteer staff to older individuals who are--
`(I) participating in federally assisted and other publicly assisted
housing programs; or
`(II) seeking Federal, State, and local housing programs; and
`(ii)(I) the State Long-Term Care Ombudsman program under section 307(a)(12)
or section 712;
`(II) a legal services or assistance organization or through an organization
that provides both legal and other social services;
`(III) a public or not-for-profit social services agency; or
`(IV) an agency or organization concerned with housing issues but not
responsible for publicly assisted housing.
`(B) establish a housing ombudsman program that provides information,
advice, and advocacy services including--
`(i) direct assistance, or referral to services, to resolve complaints
or problems;
`(ii) provision of information regarding available housing programs,
eligibility, requirements, and application processes;
`(iii) counseling or assistance with financial, social, familial, or other
related matters that may affect or be influenced by housing problems;
`(iv) advocacy related to promoting--
`(I) the rights of the older individuals who are residents in publicly
assisted housing programs; and
`(II) the quality and suitability of housing in the programs; and
`(v) assistance with problems related to housing regarding--
`(I) threats of eviction or eviction notices;
`(II) older buildings;
`(III) functional impairments as the impairments relate to housing;
`(IV) unlawful discrimination;
`(V) regulations of the Department of Housing and Urban Development and
the Farmers Home Administration;
`(VI) disability issues;
`(VII) intimidation, harassment, or arbitrary management rules;
`(VIII) grievance procedures;
`(IX) certification and recertification related to programs of the Department
of Housing and Urban Development and the Farmers Home Administration; and
`(X) issues related to transfer from one project or program to another; and
`(3) AWARD OF GRANTS- The Commissioner shall award grants under paragraph
(1) to agencies in rural, urban, and other settings.
`(4) APPLICATION- To be eligible to receive a grant under paragraph (1),
an agency shall submit an application to the Commissioner at such time,
in such manner, and containing such information as the Commissioner may
require, including, at a minimum--
`(A) an assurance that the agency will conduct training of professional
and volunteer staff who will provide services through the housing ombudsman
demonstration program;
`(B) in the case of an application submitted by an area agency on aging,
an endorsement of the program by the State agency serving the State in which
the program will be established, and an assurance by the State agency that
the agency will work with the area agency in carrying out the program; and
`(C) a plan to involve in the demonstration program the Secretary of
the Department of Housing and Urban Development, the Administrator of
the Farmers Home Administration, any individual or entity described in
paragraph (2)(A) through which the agency intends to provide the services,
and other agencies involved in publicly assisted housing programs.
`(5) ELIGIBLE AGENCIES- Agencies eligible to receive grants under this
section shall include--
`(A) State agencies;
`(B) area agencies on aging; and
`(C) other nonprofit entities, including providers of services under
the State Long-Term Care Ombudsman program and the elder rights and legal
assistance development program described in chapters 2 and 4, respectively,
of subtitle A of title VII.
`(b) FORECLOSURE AND EVICTION ASSISTANCE AND RELIEF SERVICES DEMONSTRATION
PROGRAMS-
`(1) GRANTS- The Commissioner shall make grants to States to carry out
demonstration programs to develop methods or implement laws--
`(A) to prevent or delay the foreclosure on housing owned and occupied by
older individuals or the eviction of older individuals from housing the
individuals rent;
`(B) to obtain alternative housing as a result of such foreclosure or
eviction; and
`(C) to assist older individuals to understand the rights and obligations
of the individuals under laws relating to housing ownership and occupancy.
`(2) NOTIFICATION PROCESS- A State that receives a grant under paragraph
(1) shall establish methods, including a notification process--
`(A) to assist older individuals who are incapable of, or have difficulty
in, understanding the circumstances and consequences of foreclosure on or
eviction from housing the individuals occupy; and
`(B) to coordinate the program for which such grant is received with the
activities of tenant organizations, tenant-landlord mediation organizations,
public housing entities, and area agencies on aging, to provide more
effectively assistance or referral to services to relocate or prevent
eviction of older individuals from housing the individuals occupy.
`(c) EVALUATIONS AND REPORTS-
`(1) AGENCIES- Each agency or State that receives a grant under subsection
(a) or (b) to establish a demonstration program shall, not later than 3
months after the end of the period for which the grant is awarded--
`(A) evaluate the effectiveness of the program; and
`(B) submit a report containing the evaluation to the Commissioner.
`(2) COMMISSIONER- The Commissioner shall, not later than 6 months after
the end of the period for which the Commissioner awards a grant under
subsection (a) or (b)--
`(A) evaluate the effectiveness of each demonstration program that receives
the grant; and
`(B) submit a report containing the evaluation to the Speaker of the House
of Representatives and the President pro tempore of the Senate.'.

838768403e226c10dc4d9b181e362233528bd0acfa2583b61d8de86cf59759bc

Part B of title IV of the Older Americans Act of 1965 (42 U.S.C. 3034-3035g)
(as amended by the preceding sections) is amended by adding at the end
the following:
`SEC. 429H. PRIVATE RESOURCE ENHANCEMENT PROJECTS.
`(a) GRANTS-
`(1) IN GENERAL- The Commissioner may make grants to, and enter into
contracts with, State agencies and area agencies on aging, to carry out
demonstration projects that generate non-Federal resources (including cash
and in-kind contributions), in order to increase resources available to
provide additional services under title III.
`(2) MAINTENANCE OF RESOURCES- Resources generated with a grant made,
or contract entered into, under subsection (a) shall be in addition to,
and may not be used to supplant, any resource that is or would otherwise
be available under any Federal, State, or local law to a State, State
agency, area agency on aging, or unit of general purpose local government
(as defined in section 302(2)) to provide such services.
`(3) USE OF RESOURCES- Resources generated with a grant made, or a contract
entered into, under subsection (a) shall be used to provide supportive
services in accordance with title III. The requirements under this Act
that apply to funds received under title III by States to carry out title
III shall apply with respect to such resources.
`(b) AWARD OF GRANTS AND CONTRACTS-
`(1) REGIONAL DISTRIBUTION- The Commissioner shall ensure that States
and area agencies on aging in all standard Federal regions of the United
States, established by the Office of Management and Budget, receive grants
and contracts under subsection (a) on an equitable basis.
`(2) DISTRIBUTION BASED ON NEED- Within such regions, the Commissioner
shall give preference to applicants that provide services under title III
in geographical areas that contain a large number of older individuals
with greatest economic need or older individuals with greatest social need.
`(c) MONITORING- The Commissioner shall monitor how--
`(1) grants are expended, and contracts are carried out, under subsection
(a); and
`(2) resources generated under such grants and contracts are expended,
to ensure compliance with this section.'.

8cb9e36cbcd213af1f0219ecc18719cdf2e7072841079fe3f01f7c3b36104592

Part B of title IV of the Older Americans Act of 1965 (42 U.S.C. 3034-3035g)
(as amended by the preceding sections) is amended by adding at the end
the following:
`SEC. 429I. CAREER PREPARATION FOR THE FIELD OF AGING.
`(a) GRANTS- The Commissioner shall make grants to institutions of higher
education, historically black colleges or universities, Hispanic Centers of
Excellence in Applied Gerontology, and other educational institutions that
serve the needs of minority students, to provide education and training
to prepare students for careers in the field of aging.
`(b) DEFINITIONS- For purposes of subsection (a):
`(1) HISPANIC CENTER OF EXCELLENCE IN APPLIED GERONTOLOGY- The term `Hispanic
Center of Excellence in Applied Gerontology' means an institution of higher
education with a program in applied gerontology that--
`(A) has a significant number of Hispanic individuals enrolled in the
program, including individuals accepted for enrollment in the program;
`(B) has been effective in assisting Hispanic students of the program to
complete the program and receive the degree involved;
`(C) has been effective in recruiting Hispanic individuals to attend the
program, including providing scholarships and other financial assistance to
such individuals and encouraging Hispanic students of secondary educational
institutions to attend the program; and
`(D) has made significant recruitment efforts to increase the number and
placement of Hispanic individuals serving in faculty or administrative
positions in the program.
`(2) HISTORICALLY BLACK COLLEGE OR UNIVERSITY- The term `historically black
college or university' has the meaning given the term `part B institution'
in section 322(2) of the Higher Education Act of 1965 (20 U.S.C. 1061(2)).

ddea8199305aa498d2e177c509b5b36a49a434c13a90c6725e6b844b7ce4e412

Part B of title IV of the Older Americans Act of 1965 (42 U.S.C. 3034-3035g)
(as amended by the preceding sections) is amended by adding at the end
the following:
`SEC. 429J. PENSION RIGHTS DEMONSTRATION PROJECTS.
`(a) DEFINITIONS- As used in this section:
`(1) PENSION RIGHTS INFORMATION PROGRAM- The term `pension rights information
program' means a program described in subsection (c).
`(2) PENSION AND OTHER RETIREMENT BENEFITS- The term `pension and other
retirement benefits' means private, civil service, and other public pensions
and retirement benefits, including benefits provided under--
`(A) the Social Security program under title II of the Social Security Act
(42 U.S.C. 401 et seq.);
`(B) the railroad retirement program under the Railroad Retirement Act of
1974 (45 U.S.C. 231 et seq.);
`(C) the government retirement benefits programs under the Civil Service
Retirement System set forth in chapter 83 of title 5, United States Code,
the Federal Employees Retirement System set forth in chapter 84 of title 5,
United States Code, or other Federal retirement systems; or
`(D) the Employee Retirement Income Security Act (29 U.S.C. 1001 et seq.).
`(b) ESTABLISHMENT- The Commissioner shall establish and carry out pension
rights demonstration projects.
`(c) PENSION RIGHTS INFORMATION PROGRAMS-
`(1) USE OF FUNDS- In carrying out the projects specified in subsection
(b), the Commissioner shall, to the extent appropriations are available,
award grants to six eligible entities to establish programs to provide
outreach, information, counseling, referral, and assistance regarding
pension and other retirement benefits, and rights related to such benefits.
`(2) AWARD OF GRANTS-
`(A) TYPE OF ENTITY- The Commissioner shall award under this subsection--
`(i) four grants to State agencies or area agencies on aging; and
`(ii) two grants to nonprofit organizations with a proven record of
providing--
`(I) services related to retirement of older individuals; or
`(II) specific pension rights counseling.
`(B) PANEL- In awarding grants under this subsection, the Commissioner shall
use a citizen advisory panel that shall include representatives of business,
labor, national senior advocates, and national pension rights advocates.
`(C) CRITERIA- In awarding grants under this subsection, the Commissioner,
in consultation with the panel, shall use as criteria--
`(i) evidence of commitment of an agency or organization to carry out a
proposed pension rights information program;
`(ii) the ability of the agency or organization to perform effective
outreach to affected populations, particularly populations identified as
in need of special outreach; and
`(iii) reliable information that the population to be served by the agency
or organization has a demonstrable need for the services proposed to be
provided under the program.
`(3) APPLICATION-
`(A) IN GENERAL- To be eligible to receive a grant under this subsection,
an entity shall submit an application to the Commissioner at such time,
in such manner, and containing such information as the Commissioner may
require, including, at a minimum--
`(i) a plan for the establishment of a pension rights information program
to serve a specific geographic area; and
`(ii) an assurance that staff members (including volunteer staff members)
have no conflict of interest in providing the services described in the plan.
`(B) PLAN- The plan described in paragraph (1) shall provide for a program
that--
`(i) establishes a State or area pension rights information center;
`(ii) provides counseling (including direct counseling and assistance
to individuals needing information) and information that may assist
individuals in establishing rights to, obtaining, and filing claims or
complaints related to, pension and other retirement benefits;
`(iii) provides information on sources of pension and other retirement
benefits, including the benefits under programs described in subsection
(a)(1);
`(iv) makes referrals to legal services and other advocacy programs;
`(v) establishes a system of referral to State, local, and Federal
departments or agencies related to pension and other retirement benefits;
`(vi) provides a sufficient number of staff positions (including volunteer
positions) to ensure information, counseling, referral, and assistance
regarding pension and other retirement benefits;
`(vii) provides training programs for staff members, including volunteer
staff members of the programs described in subsection (a)(1);
`(viii) makes recommendations to the Administration, the Department of
Labor and other local, State, and Federal agencies concerning issues for
older individuals related to pension and other retirement benefits; and
`(ix) establishes an outreach program to provide information, counseling,
referral, and assistance regarding pension and other retirement benefits,
with particular emphasis on outreach to women, minorities, and low-income
retirees.
`(d) TRAINING PROGRAM-
`(1) USE OF FUNDS- In carrying out the projects described in subsection (b),
the Commissioner shall, to the extent appropriations are available, award
a grant to an eligible entity to establish a training program to provide--
`(A) information to the staffs of entities operating pension rights
information programs; and
`(B) assistance to the entities and assist such entities in the design of
program evaluation tools.
`(2) ELIGIBLE ENTITY- Entities eligible to receive grants under this
subsection include nonprofit private organizations with records of providing
national information, referral, and advocacy in matters related to pension
and other retirement benefits.
`(3) APPLICATION- To be eligible to receive a grant under this subsection,
an entity shall submit an application to the Commissioner at such time, in
such manner, and containing such information as the Commissioner may require.
`(e) DURATION- The Commissioner may award grants under subsection (c) or
(d) for periods not to exceed 18 months.
`(f) REPORT TO CONGRESS-
`(1) PREPARATION- The Commissioner shall prepare a report that--
`(A) summarizes the distribution of funds authorized for grants under this
section and the expenditure of such funds;
`(B) summarizes the scope and content of training and assistance provided
under a program carried out under this section and the degree to which
the training and assistance can be replicated;
`(C) outlines the problems that individuals participating in programs
funded under this section encountered concerning rights related to pension
and other retirement benefits; and
`(D) makes recommendations regarding the manner in which services provided
in programs funded under this section can be incorporated into the ongoing
programs of State agencies, area agencies on aging, multipurpose senior
centers, and other similar entities.
`(2) SUBMISSION- Not later than 30 months after the date of the enactment
of this section, the Commissioner shall submit the report described in
paragraph (1) to the Committee on Education and Labor of the House of
Representatives and the Committee on Labor and Human Resources of the Senate.
`(g) ADMINISTRATIVE EXPENSES- Of the funds appropriated under section
431(a)(1) to carry out this section for a fiscal year, not more than
$100,000 may be used by the Administration for administrative expenses in
carrying out this section.'.

456b5bc940e8c8e03afebd57b2c3cbf91bb8fc116be90322a658426dd212dd5b

Section 431 of the Older Americans Act of 1965 (42 U.S.C. 3037) is amended
by striking subsections (a) and (b) and inserting the following:
`(a)(1) There are authorized to be appropriated to carry out the provisions
of this title (other than the provision specified in subsection (b))
$72,000,000 for fiscal year 1992, and such sums as may be necessary for
fiscal years 1993, 1994, and 1995.
`(2) Not less than 1 percent of the amount appropriated under paragraph
(1) for each fiscal year shall be made available to carry out section 202(d).
`(b) There are authorized to be appropriated to carry out section 411(e),
$450,000 for each of fiscal years 1992, 1993, 1994, and 1995.'.

d6f38df9e187af553095ee9c426eda530e436ddcef33e6f26ca0ad04167479c4

Section 432(c) of the Older Americans Act of 1965 (42 U.S.C. 3037a(c))
is amended by striking `unless the Commissioner' and all that follows and
inserting `unless the Commissioner--
`(1) consults with the State agency prior to issuing the grant or contract;
and
`(2) informs the State agency of the purposes of the grant or contract
when the grant or contract is issued.'.

fd44ea94e037508b4047e82fc3480f428c1f5fb14136752cbbdf8c3c07027de2

Section 433 of the Older Americans Act of 1965 (42 U.S.C. 3037b) is amended--
(1) by amending subsection (b) to read as follows:
`(b)(1) Not later than January 1 following each fiscal year, the Commissioner
shall submit, to the Speaker of the House of Representatives and the
President pro tempore of the Senate, a report for such fiscal year that
describes each project and each program--
`(A) for which funds were provided under this title; and
`(B) that was completed in the fiscal year for which such report is prepared.
`(2) Such report shall contain--
`(A) the name or descriptive title of each project or program;
`(B) the name and address of the individual or governmental entity that
conducted such project or program;
`(C) a specification of the period throughout which such project or program
was conducted;
`(D) the identity of each source of funds expended to carry out such
project or program and the amount of funds provided by each such source;
`(E) an abstract describing the nature and operation of such project or
program; and
`(F) a bibliography identifying all published information relating to such
project or program.'; and
(2) by adding at the end the following:
`(c)(1) The Commissioner shall establish by regulation and implement a
process to evaluate the results of projects and programs carried out under
this title.
`(2) The Commissioner shall--
`(A) make available to the public each evaluation carried out under paragraph
(1); and
`(B) use such evaluation to improve services delivered, or the operation
of projects and programs carried out, under this Act.'.

99e59af93085869eb9e36c22cb39ab0a093740a637a96fbe8876994c9b6a78bd

Section 502 of the Older American Community Service Employment Act (42
U.S.C. 3056) is amended--
(1) in subsection (a) by inserting `and who have poor employment prospects'
after `or older';
(2) in subsection (b)(1)--
(A) in subparagraph (M) by inserting `, and eligible individuals who have
greatest economic need, at least' after `individuals';
(B) by redesignating subparagraphs (N) and (O) as subparagraphs (O) and
(P), respectively; and
(C) by inserting after subparagraph (M) the following:
`(N)(i) will prepare an assessment of--
`(I) the participants' skills and talents;
`(II) their need for supportive services; and
`(III) their physical capabilities;
except to the extent such project has, for the particular participant involved,
an assessment of such skills and talents, such need, or such capabilities
prepared recently pursuant to another employment or training program (such
as a program under the Job Training Partnership Act (29 U.S.C. 1501 et
seq.) or the Carl D. Perkins Vocational and Applied Technology Education Act
(20 U.S.C. 2301 et seq.));
`(ii) will provide to eligible individuals training and employment counseling
based on strategies that identify appropriate employment objectives and
the need for supportive services, developed as a result of the assessment
provided for in clause (i); and
`(iii) will provide counseling to participants on their progress in meeting
such objectives and satisfying their need for supportive services;';
(3) in subsection (c)(1)(B) by striking `Director of the Office of Community
Services of the Department' and inserting `Secretary';
(4) in subsection (d)(1) by striking `within a State such organization or
program sponsor shall submit to the State agency on aging' and inserting
`within a planning and service area in a State such organization or program
sponsor shall conduct such project in consultation with the area agency
on aging of the planning and service area and shall submit to the State
agency and the area agency on aging'; and
(5) in subsection (e)(2)--
(A) in the matter preceding subparagraph (A)--
(i) by striking `Not' and all that follows through `1981, the' and inserting
`The'; and
(ii) by inserting `, and amend from time to time,' after `issue';
(B) in subparagraph (A) by striking `and' at the end;
(C) in subparagraph (B) by striking the period at the end and inserting
`; and'; and
(D) by adding at the end the following:
`(C) require the coordination of projects carried out under such agreements,
with the programs carried out under section 124 of the Job Training
Partnership Act (29 U.S.C. 1534).'.

2a667496d009410d82a69d94eb90d0f207548b1ec8470bba99ddc515ffc7a2b1

(a) INCREASING JOB OPPORTUNITIES- Section 503(a) of the Older American
Community Service Employment Act (42 U.S.C. 3056a(a)) is amended--
(1) by redesignating paragraphs (1) through (3) as subparagraphs (A)
through (C), respectively;
(2) by inserting `(1)' after the subsection designation; and
(3) by adding at the end the following:
`(2) The Secretary of Labor and the Commissioner shall coordinate the
programs under this title and the programs under titles III, IV, and VI
to increase job opportunities available to older individuals.'.
(b) COORDINATION OF ADMINISTRATION- The first sentence of section
503(b)(1) of the Older American Community Service Employment Act (42
U.S.C. 3056a(b)(1)) is amended--
(1) by striking `If' and all that follows through `authorized to', and
inserting `The Secretary shall';
(2) by inserting after the first sentence the following: `The Secretary
shall coordinate the administration of this title with the administration
of titles III, IV, and VI by the Commissioner, to increase the likelihood
that eligible individuals for whom employment opportunities under this
title are available and who need services under such titles receive such
services.'; and
(3) by adding at the end the following: `The preceding sentence shall not
be construed to prohibit carrying out projects under this title jointly with
programs, projects, or activities under any Act specified in such sentence.'.

e918c0821d20c37810de27d9b5800668648fa048da4619a7bd5004ec76e3049a

Section 505 of the Older American Community Service Employment Act (42
U.S.C. 3056b) is amended--
(1) in subsection (a) by striking `of the Administration on Aging'; and
(2) by adding at the end the following:
`(d)(1) The Secretary shall promote and coordinate carrying out projects
under this title jointly with programs, projects, or activities under
other Acts that provide training and employment opportunities to eligible
individuals.
`(2) The Secretary shall consult with the Secretary of Education to
promote and coordinate carrying out projects under this title jointly
with employment and training programs in which eligible individuals may
participate that are carried out under the Carl D. Perkins Vocational and
Applied Technology Education Act (20 U.S.C. 2301 et seq.).'.

824349276b6014fe8126db7bd8d4172badec898d889a34db429cf710884abe66

(a) ALLOCATION- Paragraphs (1) and (2) of section 506(a) of the Older
American Community Service Employment Act (42 U.S.C. 3056d(a)) are amended
to read as follows:
`(1)(A) Subject to subparagraph (B) and paragraph (2), from sums appropriated
under this title for each fiscal year, the Secretary shall first reserve
such sums as may be necessary for national grants or contracts with public
agencies and public or nonprofit private organizations to maintain the
level of activities carried on under such grants or contracts at least
at the level of such activities supported under this title and under any
other provision of Federal law relating to community service employment
programs for older Americans in fiscal year 1978.
`(B)(i)(I) For each fiscal year in which the sums appropriated under this
title exceed the amount appropriated under this title for fiscal year 1978,
the Secretary shall reserve not more than 45 percent of such excess, except
as provided in subclause (II), to carry out clauses (ii), (iii), and (v).
`(II) The Secretary shall reserve a sum sufficient to carry out clauses
(iii) and (v).
`(III) The Secretary in awarding grants and contracts under this paragraph
from the sum reserved under this paragraph shall, to the extent feasible,
assure an equitable distribution of activities under such grants and
contracts designed to achieve the allotment among the States described in
paragraph (3) of this subsection.
`(ii) The Secretary shall reserve such sums as may be necessary for
national grants or contracts with public or nonprofit national Indian
aging organizations with the ability to provide employment services to
older Indians and with national public or nonprofit Pacific Island and
Asian American aging organizations with the ability to provide employment
services to older Pacific Island and Asian Americans.
`(iii) If the amount appropriated under this title for a fiscal year exceeds
102 percent of the amount appropriated under this title for fiscal year 1991,
for each fiscal year described in clause (iv), the Secretary shall reserve
for recipients of national grants and contracts under this paragraph such
portion of the excess amount as the Secretary determines to be appropriate
and is--
`(I) at least 25 percent of the excess amount; or
`(II) the portion required to increase the amount made available under
this paragraph to each of the recipients so that the amount equals 1.3
percent of the amount appropriated under this title for fiscal year 1991.
`(iv) From the portion reserved under clause (iii), the Secretary shall
increase the amount made available under this paragraph to each of the
recipients--
`(I) for each fiscal year before the fiscal year described in subclause (II),
so that such amount equals, or more closely approaches, such 1.3 percent; and
`(II) for the first fiscal year for which the portion is sufficient to make
available under this paragraph to each of the recipients the amount equal
to such 1.3 percent, so that such amount is not less than such 1.3 percent.
`(v) For each fiscal year after the fiscal year described in clause
(iv)(II), the Secretary shall make available under this paragraph to each
of the recipients an amount not less than such 1.3 percent.
`(C) Preference in awarding grants and contracts under this paragraph shall
be given to national organizations, and agencies, of proven ability in
providing employment services to eligible individuals under this program and
similar programs. The Secretary, in awarding grants and contracts under this
section, shall, to the extent feasible, assure an equitable distribution
of activities under such grants and contracts, in the aggregate, among
the States, taking into account the needs of underserved States, subject
to subparagraph (B)(i)(III).
`(2)(A) From sums appropriated under this title for each fiscal year after
September 30, 1978, the Secretary shall reserve an amount which is at least
1 percent and not more than 3 percent of the amount appropriated in excess
of the amount appropriated for fiscal year 1978 for the purpose of entering
into agreements under section 502(e), relating to improved transition to
private employment.
`(B) After the Secretary makes the reservations required by paragraph (1)(B)
and subparagraph (A), the remainder of such excess shall be allotted to
the appropriate public agency of each State pursuant to paragraph (3).'.
(b) APPORTIONMENT WITHIN STATES- Section 506(c) of the Older American
Community Service Employment Act (42 U.S.C. 3056d(c)) is amended--
(1) by striking `and (2)' and inserting `(2)'; and
(2) by inserting before the period at the end the following: `, and (3)
the relative distribution of (A) such individuals who are individuals with
greatest economic need, (B) such individuals who are minority individuals,
and (C) such individuals who are individuals with greatest social need'.
(c) TECHNICAL AND CONFORMING AMENDMENTS-
(1) Section 502(c)(1), paragraphs (3) and (4) of section 506(a), and
section 507(1) of the Older American Community Service Employment Act
(42 U.S.C. 3056(c)(1), 3056d(a) (3) and (4), and 3056e(1)) are amended by
striking `per centum' each place the term appears and inserting `percent'.
(2) Section 502(e)(1) of the Older American Community Service Employment Act
(42 U.S.C. 3056(e)(1)) is amended by striking `506(a)(1)(B)' and inserting
`506(a)(2)(A)'.
(3) Section 506(a)(4)(B) of the Older American Community Service Employment
Act (42 U.S.C. 3056d(a)(4)(B)) is amended by striking `him' and inserting
`the Secretary'.

e4afe7a695f584c26390f0d1efc6e8a0251eefd6a0798fc59160ce13151f43ea

Section 508(a) of the Older American Community Service Employment Act
(42 U.S.C. 3056f(a)) is amended--
(1) by striking paragraph (1) and inserting the following:
`(1) $470,671,000 for fiscal year 1992, and such sums as may be necessary
for fiscal years 1993, 1994, and 1995; and';
(2) in paragraph (2) by striking `62,500' and inserting `70,000'; and
(3) by striking `clause' and inserting `paragraph'.

89b033ac48a8e6f2e71b2eebb79df37e0c34e5887809f5937bf87d9dfa334b80

The Older American Community Service Employment Act (42 U.S.C. 3056-3056g)
is amended by adding at the end the following:
`SEC. 510. DUAL ELIGIBILITY.
`In the case of projects under this title carried out jointly with programs
carried out under the Job Training Partnership Act, eligible individuals
shall be deemed to satisfy the requirements of section 203 of such Act
(29 U.S.C. 1603) that are applicable to adults.'.

fc6f116c993f8a2ab90876ea29b6e880599fad5cf157aa01ced03fcac778e17d

SERVICE EMPLOYMENT ACT.
The Older American Community Service Employment Act (42 U.S.C. 3056-3056g),
as amended by section 506, is amended by adding at the end the following:
`SEC. 511. TREATMENT OF ASSISTANCE.
`Assistance furnished under this title shall not be construed to be
financial assistance described in section 245A(h)(1)(A) of the Immigration
and Nationality Act (8 U.S.C. 1255a(h)(1)(A)).'.

97f23cd3409be2a2f816dba94966ca683df5146054a91253e525a094ce964680

Section 614(a) of the Older Americans Act of 1965 (42 U.S.C. 3057e(a))
is amended--
(1) in paragraph (10) by striking `and' at the end;
(2) in paragraph (11) by striking the period at the end and inserting `;
and'; and
(3) by adding at the end the following:
`(12) contain assurances that the tribal organization will coordinate
services provided under this part with services provided under title III
in the same geographical area.'.

28eec62715ec5bced7237248fda3e01d95f75e6d5e3566334a36e1887c9a2bb9

TITLE VI

-GRANTS FOR NATIVE AMERICANS

Title VI of the Older Americans Act of 1965 (42 U.S.C. 3056 et seq.) is
amended by inserting after section 614 the following:
`SEC. 614A. DISTRIBUTION OF FUNDS AMONG TRIBAL ORGANIZATIONS.
`(a) MAINTENANCE of 1991 AMOUNTS- Subject 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 APPROPRIATED- If 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 Commissioner 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 Commissioner 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.'.

27ac235c60beadeb148a5bfc89b380f1248da67b9ba1513c91747620022c08f3

Section 624(a)(3) of the Older Americans Act of 1965 (42 U.S.C. 3057j(a)(3))
is amended by inserting `and with the activities carried out under title
III in the same geographical area' before the semicolon at the end.

3f6a29d35aecd456e49d91a20ad12657009c45aae75c5fb6977025ee89319d94

Title VI of the Older Americans Act of 1965 (42 U.S.C. 3057 et seq.) is
amended by inserting after section 624 the following:
`SEC. 624A. 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.'.

a25ce871de0c063ac9e2e4918918fdc29bf7830d0fe51a76e560eac0feb15c1e

Section 633 of the Older Americans Act of 1965 (42 U.S.C. 3057n) is amended
to read as follows:
`AUTHORIZATION OF APPROPRIATIONS
`SEC. 633. (a) There are authorized to be appropriated $30,000,000 for
fiscal year 1992 and such sums as may be necessary for fiscal years 1993,
1994, and 1995, to carry out this title (other than section 615).
`(b) Of the amount appropriated under subsection (a) for each fiscal year--
`(1) 90 percent shall be available to carry out part A; and
`(2) 10 percent shall be available to carry out part B.'.

842133df36b0bc6d44d56e7e1767b0a44a2e75163f7cab28fa25f6c962f2aaa9

The Older Americans Act of 1965 (42 U.S.C. 3001 et seq.) is amended by
adding at the end the following:
`TITLE VII--ALLOTMENTS FOR VULNERABLE ELDER RIGHTS PROTECTION ACTIVITIES
`Subtitle A--State Provisions
`CHAPTER 1--GENERAL STATE PROVISIONS
`SEC. 701. ESTABLISHMENT.
`The Commissioner, acting through the Administration, shall establish and
carry out a program for making allotments to States to pay for the cost
of carrying out vulnerable elder rights protection activities.
`SEC. 702. AUTHORIZATION OF APPROPRIATIONS.
`(a) OMBUDSMAN PROGRAM- There are authorized to be appropriated to carry
out chapter 2, $40,000,000 for fiscal year 1992 and such sums as may be
necessary for fiscal years 1993, 1994, and 1995.
`(b) PREVENTION OF ELDER ABUSE, NEGLECT, AND EXPLOITATION- There are
authorized to be appropriated to carry out chapter 3, $15,000,000 for
fiscal year 1992 and such sums as may be necessary for fiscal years 1993,
1994, and 1995.
`(c) STATE ELDER RIGHTS AND LEGAL ASSISTANCE DEVELOPMENT PROGRAM- There
are authorized to be appropriated to carry out chapter 4, $10,000,000 for
fiscal year 1992 and such sums as may be necessary for fiscal years 1993,
1994, and 1995.
`(d) OUTREACH, COUNSELING, AND ASSISTANCE PROGRAM- There are authorized
to be appropriated to carry out chapter 5, $15,000,000 for fiscal year
1992 and such sums as may be necessary for fiscal years 1993, 1994, and 1995.
`SEC. 703. ALLOTMENT.
`(a) IN GENERAL-
`(1)  POPULATION- In carrying out the program described in section 701,
the Commissioner shall initially allot to each State, from the funds
appropriated under section 702 for each fiscal year, an amount that bears
the same ratio to the funds as the population of older individuals in the
State bears to the population of older individuals in all States.
`(2) MINIMUM ALLOTMENTS-
`(A) IN GENERAL- After making the initial allotments described in paragraph
(1), the Commissioner shall adjust the allotments on a pro rata basis in
accordance with subparagraphs (B) and (C).
`(B) GENERAL MINIMUM ALLOTMENTS-
`(i)  MINIMUM ALLOTMENT FOR STATES- No State shall be allotted less than
one-half of 1 percent of the funds appropriated under section 702 for the
fiscal year for which the determination is made.
`(ii) MINIMUM ALLOTMENT FOR TERRITORIES- Guam, the United States Virgin
Islands, and the Trust Territory of the Pacific Islands, shall each be
allotted not less than one-fourth of 1 percent of the funds appropriated
under section 702 for the fiscal year for which the determination is
made. American Samoa and the Commonwealth of the Northern Mariana Islands
shall each be allotted not less than one-sixteenth of 1 percent of the
sum appropriated under section 702 for the fiscal year for which the
determination is made.
`(C) MINIMUM ALLOTMENTS FOR OMBUDSMAN AND ELDER ABUSE PROGRAMS-
`(i) OMBUDSMAN PROGRAM- No State shall be allotted for a fiscal year,
from the funds appropriated under section 702(a), less than the amount
allotted to the State under section 304 in fiscal year 1991 to carry out
the State Long-Term Care Ombudsman program under title III.
`(ii) ELDER ABUSE PROGRAMS- No State shall be allotted for a fiscal year,
from the funds appropriated under section 702(b), less than the amount
allotted to the State under section 304 in fiscal year 1991 to carry
out programs with respect to the prevention of elder abuse, neglect,
and exploitation under title III.
`(D) DEFINITION- For the purposes of this paragraph, the term `State'
does not include Guam, American Samoa, the United States Virgin Islands,
the Trust Territory of the Pacific Islands, and the Commonwealth of the
Northern Mariana Islands.
`(b) REALLOTMENT-
`(1) IN GENERAL- If the Commissioner determines that any amount allotted
to a State for a fiscal year under this section will not be used by the
State for carrying out the purpose for which the allotment was made, the
Commissioner shall make the amount available to a State that the Commissioner
determines will be able to use the amount for carrying out the purpose.
`(2) AVAILABILITY- Any amount made available to a State from an appropriation
for a fiscal year in accordance with paragraph (1) shall, for purposes
of this subtitle, be regarded as part of the allotment of the State (as
determined under subsection (a)) for the year, but shall remain available
until the end of the succeeding fiscal year.
`(c) WITHHOLDING- If the Commissioner finds that any State has failed to
carry out this title in accordance with the assurances 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 approved plan
containing the assurances and description.
`SEC. 704. ORGANIZATION.
`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.
`SEC. 705. ADDITIONAL STATE PLAN REQUIREMENTS.
`(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 that 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;
`(iii) active participation of older individuals participating in programs
under this Act through outreach, conferences, and referral of such
individuals to other social service agencies or sources of assistance if
appropriate and if the individuals to be referred consent; and
`(iv) referral of complaints to law enforcement or public protective
service agencies if appropriate;
`(B) the State will not permit involuntary or coerced participation in
the program of services described in subparagraph (A) by alleged victims,
abusers, or their households; and
`(C) all information gathered in the course of receiving reports and making
referrals shall remain confidential except--
`(i) if all parties to such complaint consent in writing to the release
of such information;
`(ii) if the release of such information is to a law enforcement agency,
public protective service agency, licensing or certification agency,
ombudsman program, or protection or advocacy system; or
`(iii) upon court order;
`(7) an assurance that the State agency--
`(A) from funds appropriated under section 702(d) for chapter 5, will make
funds available to eligible area agencies on aging to carry out chapter
5 and, in distributing such funds among eligible area agencies, will give
priority to area agencies on aging based on--
`(i) the number of older individuals with greatest economic need, and
older individuals with greatest social need, residing in their respective
planning and service areas; and
`(ii) the inadequacy in such areas of outreach activities and application
assistance of the type specified in chapter 5;
`(B) will require, as a condition of eligibility to receive funds to carry
out chapter 5, an area agency on aging to submit an application that--
`(i) describes the activities for which such funds are sought;
`(ii) provides for an evaluation of such activities by the area agency on
aging; and
`(iii) includes assurances that the area agency on aging will prepare and
submit to the State agency a report of the activities conducted with funds
provided under this paragraph and the evaluation of such activities;
`(C) will distribute to area agencies on aging--
`(i) the eligibility information received under section 202(a)(20) from
the Administration; and
`(ii) information, in written form, explaining the requirements for
eligibility to receive medical assistance under title XIX of the Social
Security Act (42 U.S.C. 1396 et seq.); and
`(D) will submit to the Commissioner a report on the evaluations required
to be submitted under subparagraph (B);  and
`(8) a description of the manner in which the State agency will carry out
this title in accordance with the assurances described in paragraphs (1)
through (7).
`(b) PRIVILEGE- Neither a State, nor a State agency, may require any provider
of legal assistance under this subtitle to reveal any information that is
protected by the attorney-client privilege.
`SEC. 706. DEMONSTRATION PROJECTS.
`(a) ESTABLISHMENT- From amounts made available under section 304(d)(1)(C)
after September 30, 1992, each State may provide for the establishment of
at least one demonstration project, to be conducted by one or more area
agencies on aging within the State, for outreach to older individuals with
greatest economic need with respect to--
`(1) benefits available under title XVI of the Social Security Act (42
U.S.C. 1381 et seq.) (or assistance under a State program established in
accordance with such title);
`(2) medical assistance available under title XIX of such Act (42 U.S.C. 1396
et seq.); and
`(3) benefits available under the Food Stamp Act of 1977 (7 U.S.C. 2011
et seq.).
`(b) BENEFITS- Each outreach project carried out under subsection (a) shall--
`(1) provide to older individuals with greatest economic need information
and assistance regarding their eligibility to receive the benefits and
assistance described in paragraphs (1) through (3) of subsection (a);
`(2) be carried out in a planning and service area that has a high proportion
of older individuals with greatest economic need, relative to the aggregate
number of older individuals in such area; and
`(3) be coordinated with State and local entities that administer benefits
under such titles.'.

325b0d6deda0ac2142b9175589bb07aa08d1ac8153791177eed43a339f9ec99c

Title VII of the Older Americans Act of 1965 (as added by section 701 of
this Act) is amended by adding at the end the following:
`CHAPTER 2--OMBUDSMAN PROGRAMS
`SEC. 711. DEFINITIONS.
`As used in this chapter:
`(1) OFFICE- The term `Office' means the office established in section
712(a)(1)(A).
`(2) OMBUDSMAN- The term `Ombudsman' means the individual described in
section 712(a)(2).
`(3) LOCAL OMBUDSMAN ENTITY- The term `local Ombudsman entity' means
an entity designated under section 712(a)(5)(A) to carry out the duties
described in section 712(a)(5)(B) with respect to a planning and service
area or other substate area.
`(4) PROGRAM- The term `program' means the State Long-Term Care Ombudsman
program established in section 712(a)(1)(B).
`(5) REPRESENTATIVE- The term `representative' includes an employee or
volunteer who represents an entity designated under section 712(a)(5)(A)
and who is individually designated by the Ombudsman.
`(6) RESIDENT- The term `resident' means an older individual who resides
in a long-term care facility.
`SEC. 712. STATE LONG-TERM CARE OMBUDSMAN PROGRAM.
`(a) ESTABLISHMENT-
`(1) IN GENERAL- In order to be eligible to receive an allotment under
section 703 from funds appropriated under section 702(a), a State agency
shall, in accordance with this section--
`(A) establish and operate an Office of the State Long-Term Care Ombudsman;
and
`(B) carry out through the Office a State Long-Term Care Ombudsman program.
`(2) OMBUDSMAN- The Office shall be headed by an individual, to be known
as the State Long-Term Care Ombudsman, who shall be selected from among
individuals with expertise and experience in the fields of long-term care
and advocacy.
`(3) FUNCTIONS- The Ombudsman shall serve on a full-time basis, and shall,
personally or through representatives of the Office--
`(A) identify, investigate, and resolve complaints that--
`(i) are made by, or on behalf of, residents; and
`(ii) relate to action, inaction, or decisions, that may adversely affect
the health, safety, welfare, or rights of the residents (including the
welfare and rights of the residents with respect to the appointment and
activities of guardians and representative payees), of--
`(I) providers, or representatives of providers, of long-term care services;
`(II) public agencies; or
`(III) health and social service agencies;
`(B) provide services to assist the residents in protecting the health,
safety, welfare, and rights of the residents;
`(C) inform the residents about means of obtaining services provided
by providers or agencies described in subparagraph (A)(ii) or services
described in subparagraph (B);
`(D) ensure that the residents have regular and timely access to the services
provided through the Office and that the residents and complainants receive
timely responses from representatives of the Office to complaints;
`(E) represent the interests of the residents before governmental agencies
and seek administrative, legal, and other remedies to protect the health,
safety, welfare, and rights of the residents;
`(F) provide administrative and technical assistance to entities designated
under paragraph (5) to assist the entities in participating in the program;
`(G)(i) analyze, comment on, and monitor the development and implementation
of Federal, State, and local laws, regulations, and other governmental
policies and actions, that pertain to the health, safety, welfare, and
rights of the residents, with respect to the adequacy of long-term care
facilities and services in the State;
`(ii) recommend any changes in such laws, regulations, policies, and
actions as the Office determines to be appropriate; and
`(iii) facilitate public comment on the laws, regulations, policies,
and actions;
`(H)(i) provide for training representatives of the Office;
`(ii) promote the development of citizen organizations, to participate in
the program; and
`(iii) provide technical support for the development of resident and family
councils to protect the well-being and rights of residents; and
`(I) carry out such other activities as the Commissioner determines to
be appropriate.
`(4) CONTRACTS AND ARRANGEMENTS-
`(A) IN GENERAL- Except as provided in subparagraph (B), the State agency
may establish and operate the Office, and carry out the program, directly,
or by contract or other arrangement with any public agency or nonprofit
private organization.
`(B) LICENSING AND CERTIFICATION ORGANIZATIONS; ASSOCIATIONS- The State
agency may not enter into the contract or other arrangement described in
subparagraph (A) with--
`(i) an agency or organization that is responsible for licensing or
certifying long-term care services in the State; or
`(ii) an association (or an affiliate of such an association) of
long-term care facilities, or of any other residential facilities for
older individuals.
`(5) DESIGNATION OF LOCAL OMBUDSMAN ENTITIES AND REPRESENTATIVES-
`(A) DESIGNATION- In carrying out the duties of the Office, the Ombudsman
may designate an entity as a local Ombudsman entity, and may designate an
employee or volunteer to represent the entity.
`(B) DUTIES- An individual so designated shall, in accordance with the
policies and procedures established by the Office and the State agency--
`(i) provide services to protect the health, safety, welfare and rights
of residents;
`(ii) ensure that residents in the service area of the entity have regular,
timely access to representatives of the program and timely responses to
complaints and requests for assistance;
`(iii) identify, investigate, and resolve complaints made by or on behalf of
residents that relate to action, inaction, or decisions, that may adversely
affect the health, safety, welfare, or rights of the residents;
`(iv) represent the interests of residents before government agencies
and seek administrative, legal, and other remedies to protect the health,
safety, welfare, and rights of the residents;
`(v)(I) review, and if necessary, comment on any existing and proposed laws,
regulations, and other government policies and actions, that pertain to
the rights and well-being of residents; and
`(II) facilitate the ability of the public to comment on the laws,
regulations, policies, and actions;
`(vi) support the development of resident and family councils; and
`(vii) carry out other activities that the Ombudsman determines to be
appropriate.
`(C) ELIGIBILITY FOR DESIGNATION- Entities eligible to be designated as
local Ombudsman entities, and individuals eligible to be designated as
representatives of such entities, shall--
`(i) have demonstrated capability to carry out the responsibilities of
the Office;
`(ii) be free of conflicts of interest;
`(iii) in the case of the entities, be public or nonprofit private
entities; and
`(iv) meet such additional requirements as the Ombudsman may specify.
`(D) POLICIES AND PROCEDURES-
`(i) IN GENERAL- The State agency shall establish, in accordance with the
Office, policies and procedures for monitoring local Ombudsman entities
designated to carry out the duties of the Office.
`(ii) POLICIES- In a case in which the entities are grantees, or the
representatives are employees, of area agencies on aging, the State
agency shall develop the policies in consultation with the area agencies
on aging. The policies shall provide for participation and comment by the
agencies and for resolution of concerns with respect to case activity.
`(iii) CONFIDENTIALITY AND DISCLOSURE- The State agency shall develop the
policies and procedures in accordance with all provisions of this subtitle
regarding confidentiality and conflict of interest.
`(b) PROCEDURES FOR ACCESS-
`(1) IN GENERAL- The State shall ensure that representatives of the Office
shall have--
`(A) access to long-term care facilities and residents;
`(B)(i) appropriate access to review the medical and social records of a
resident, if--
`(I) the representative has the permission of the resident, or the legal
representative of the resident; or
`(II) the resident is unable to consent to the review and has no legal
representative; or
`(ii) access to the records as is necessary to investigate a complaint if--
`(I) a legal guardian of the resident refuses to give the permission;
`(II) a representative of the Office has reasonable cause to believe that
the guardian is not acting in the best interests of the resident; and
`(III) the representative obtains the approval of the Ombudsman;
`(C) access to the administrative records, policies, and documents, to
which the residents have, or the general public has access, of long-term
care facilities; and
`(D) access to and, on request, copies of all licensing and certification
records maintained by the State with respect to long-term care facilities.
`(2) PROCEDURES- The State agency shall establish procedures to ensure
the access described in paragraph (1).
`(c) REPORTING SYSTEM- The State agency shall establish a statewide uniform
reporting system to--
`(1) collect and analyze data relating to complaints and conditions in
long-term care facilities and to residents for the purpose of identifying
and resolving significant problems; and
`(2) submit the data, on a regular basis, to--
`(A) the agency of the State responsible for licensing or certifying
long-term care facilities in the State;
`(B) other State and Federal entities that the Ombudsman determines to
be  appropriate;
`(C) the Commissioner; and
`(D) the National Ombudsman Resource Center established in section
202(a)(21).
`(d) DISCLOSURE-
`(1) IN GENERAL- The State agency shall establish procedures for the
disclosure by the Ombudsman or local Ombudsman entities of files maintained
by the program, including records described in subsection (b)(1) or (c).
`(2) IDENTITY OF COMPLAINANT OR RESIDENT- The procedures described in
paragraph (1) shall--
`(A) provide that, subject to subparagraph (B), the files and records
described in paragraph (1) may be disclosed only at the discretion of the
Ombudsman (or the person designated by the Ombudsman to disclose the files
and records); and
`(B) prohibit the disclosure of the identity of any complainant or resident
with respect to whom the Office maintains such files or records unless--
`(i) the complainant or resident, or the legal representative of the
complainant or resident, consents to the disclosure and the consent is
given in writing;
`(ii)(I) the complainant or resident gives consent orally; and
`(II) the consent is documented contemporaneously in a writing made by a
representative of the Office in accordance with such requirements as the
State agency shall establish; or
`(iii) the disclosure is required by court order.
`(e) CONSULTATION- In planning and operating the program, the State agency
shall consider the views of area agencies on aging, older individuals,
and providers of long-term care.
`(f) CONFLICT OF INTEREST- The State agency shall--
`(1) ensure that no individual, or member of the immediate family of
an individual, involved in the designation of the Ombudsman (whether by
appointment or otherwise) or the designation of an entity designated under
subsection (a)(5), is subject to a conflict of interest;
`(2) ensure that no officer or employee of the Office, representative of a
local Ombudsman entity, or member of the immediate family of the officer,
employee, or representative, is subject to a conflict of interest;
`(3) ensure that the Ombudsman--
`(A) does not have a direct involvement in the licensing or certification
of a long-term care facility or of a provider of a long-term care service;
`(B) does not have an ownership or investment interest (represented by
equity, debt, or other financial relationship) in a long-term care facility
or a long-term care service;
`(C) is not employed by, or participating in the management of, a long-term
care facility; and
`(D) does not receive, or have the right to receive, directly or indirectly,
remuneration (in cash or in kind) under a compensation arrangement with
an owner or operator of a long-term care facility; and
`(4) establish, and specify in writing, mechanisms to identify and remove
conflicts of interest referred to in paragraphs (1) and (2), and to
identify and eliminate the relationships described in subparagraphs (A)
through (D) of paragraph (3), including such mechanisms as--
`(A) the methods by which the State agency will examine individuals,
and immediate family members, to identify the conflicts; and
`(B) the actions that the State agency will require the individuals and
such family members to take to remove such conflicts.
`(g) LEGAL COUNSEL- The State agency shall ensure that--
`(1)(A) adequate legal counsel is available, and is able, without conflict
of interest, to--
`(i) provide advice and consultation needed to protect the health, safety,
welfare, and rights of residents; and
`(ii) assist the Ombudsman and representatives of the Office in the
performance of the official duties of the Ombudsman and representatives; and
`(B) legal representation is provided to any representative of the Office
against whom suit or other legal action is brought or threatened to be
brought in connection with the performance of the official duties of the
Ombudsman or such a representative; and
`(2) the Office pursues administrative, legal, and other appropriate
remedies on behalf of residents.
`(h) ADMINISTRATION- The State agency shall require the Office to--
`(1) prepare an annual report--
`(A) describing the activities carried out by the Office in the year for
which the report is prepared;
`(B) containing and analyzing the data collected under subsection (c);
`(C) evaluating the problems experienced by, and the complaints made by
or on behalf of, residents;
`(D) containing recommendations for--
`(i) improving quality of the care and life of the residents; and
`(ii) protecting the health, safety, welfare, and rights of the residents;
`(E)(i) analyzing the success of the program including success in providing
services to residents of board and care facilities and other similar adult
care facilities; and
`(ii) identifying barriers that prevent the optimal operation of the
program; and
`(F) providing policy, regulatory, and legislative recommendations to solve
identified problems, to resolve the complaints, to improve the quality
of care and life of residents, to protect the health, safety, welfare,
and rights of residents, and to remove the barriers;
`(2) analyze, comment on, and monitor the development and implementation of
Federal, State, and local laws, regulations, and other government policies
and actions that pertain to long-term care facilities and services, and
to the health, safety, welfare, and rights of residents, in the State,
and recommend any changes in such laws, regulations, and policies as the
Office determines to be appropriate;
`(3)(A) provide such information as the Office determines to be necessary
to public and private agencies, legislators, and other persons, regarding--
`(i) the problems and concerns of older individuals residing in long-term
care facilities; and
`(ii) recommendations related to the problems and concerns; and
`(B) make available to the public, and submit to the Commissioner, the chief
executive officer of the State, the State legislature, the State agency
responsible for licensing or certifying long-term care facilities, and other
appropriate governmental entities, each report prepared under paragraph (1);
`(4)(A) not later than 1 year after the date of the enactment of this
title, establish procedures for the training of the representatives of the
Office, including unpaid volunteers, based on model standards established
by the Associate Commissioner for Ombudsman Programs, in consultation
with representatives of citizen groups, long-term care providers, and the
Office, that--
`(i) specify a minimum number of hours of initial training;
`(ii) specify the content of the training, including training relating to--
`(I) Federal, State, and local laws, regulations, and policies, with
respect to long-term care facilities in the State;
`(II) investigative techniques; and
`(III) such other matters as the State determines to be appropriate; and
`(iii) specify an annual number of hours of in-service training for all
designated representatives; and
`(B) require implementation of the procedures not later than 21 months
after the date of the enactment of this title;
`(5) prohibit any representative of the Office (other than the Ombudsman)
from carrying  out any activity described in subparagraphs (A) through
(G) of subsection (a)(3) unless the representative--
`(A) has received the training required under paragraph (4); and
`(B) has been approved by the Ombudsman as qualified to carry out the
activity on behalf of the Office;
`(6) coordinate ombudsman services with the protection and advocacy systems
for individuals with developmental disabilities and mental illnesses
established under--
`(A) part A of the Developmental Disabilities Assistance and Bill of Rights
Act (42 U.S.C. 6001 et seq.); and
`(B) the Protection and Advocacy for Mentally Ill Individuals Act of 1986
(42 U.S.C. 10801 et seq.);
`(7) coordinate, to the greatest extent possible, ombudsman services with
legal assistance provided under section 306(a)(2)(C), through adoption of
memoranda of understanding and other means; and
`(8) permit any local Ombudsman entity to carry out the responsibilities
described in paragraph (1), (2), (3), (6), or (7).
`(i) LIABILITY- The State shall ensure that no representative of the
Office will be liable under State law for the good faith performance of
official duties.
`(j) NONINTERFERENCE- The State shall--
`(1) ensure that willful interference with representatives of the Office in
the performance of the official duties of the representatives (as defined
by the Commissioner) shall be unlawful;
`(2) prohibit retaliation and reprisals by a long-term care facility or
other entity with respect to any resident, employee, or other person for
filing a complaint with, providing information to, or otherwise cooperating
with any representative of, the Office; and
`(3) provide for appropriate sanctions with respect to the interference,
retaliation, and reprisals.
`SEC. 713. REGULATIONS.
`The Commissioner shall issue and periodically update regulations
respecting--
`(1) conflicts of interest by persons described in paragraphs (1) and (2)
of section 712(f); and
`(2) the relationships described in subparagraphs (A) through (D) of
section 712(f)(3).'.

01b5115425b4cdcfd769ea3dea638c759441d704344f70f448edf564c7869e52

(a) PURPOSE- The purpose of this section is to assist States in the
design, development, and coordination of comprehensive services of the
State and local levels to prevent, treat, and remedy elder abuse, neglect,
and exploitation.
(b) PROGRAMS- Title VII of the Older Americans Act of 1965 (as added by
section 701, and amended by section 702) is amended by adding at the end
the following:
`CHAPTER 3--PROGRAMS FOR PREVENTION OF ELDER ABUSE, NEGLECT, AND EXPLOITATION
`SEC. 721. PREVENTION OF ELDER ABUSE, NEGLECT, AND EXPLOITATION.
`(a) ESTABLISHMENT- In order to be eligible to receive an allotment under
section 703 from funds appropriated under section 702(b), a State agency
shall, in accordance with this section, and in consultation with area
agencies on aging, develop and enhance programs for the prevention of
elder abuse, neglect, and exploitation.
`(b) USE OF ALLOTMENTS- The State agency shall use an allotment made under
subsection (a) to carry out, through the programs described in subsection
(a), activities to develop, strengthen, and carry out programs for the
prevention and treatment of elder abuse, neglect, and exploitation,
including--
`(1) providing for public education and outreach to identify and prevent
elder abuse, neglect, and exploitation;
`(2) ensuring the coordination of services provided by area agencies on aging
with services instituted under the State adult protection service program;
`(3) promoting the development of information and data systems, including
elder abuse reporting systems, to quantify the extent of elder abuse,
neglect, and exploitation in the State;
`(4) conducting analyses of State information concerning elder abuse,
neglect, and exploitation and identifying unmet service, enforcement,
or intervention needs;
`(5) conducting training for individuals, professionals, and
paraprofessionals, in relevant fields on the identification, prevention,
and treatment of elder abuse, neglect, and exploitation, with particular
focus on prevention and enhancement of self-determination and autonomy;
`(6) providing technical assistance to programs that provide or have
the potential to provide services for victims of elder abuse, neglect,
and exploitation and for family members of the victims;
`(7) conducting special and on-going training, for individuals involved in
serving victims of elder abuse, neglect, and exploitation, on the topics
of self-determination, individual rights, State and Federal requirements
concerning confidentiality, and other topics determined to be a State
agency to be appropriate; and
`(8) promoting the development of an elder abuse, neglect, and exploitation
system--
`(A) that includes a State elder abuse, neglect, and exploitation law that
includes provisions for immunity, for persons reporting instances of elder
abuse, neglect, and exploitation, from prosecution arising out of such
reporting, under any State or local law;
`(B) under which a State agency--
`(i) on receipt of a report of known or suspected instances of elder abuse,
neglect, or exploitation, shall promptly initiate an investigation to
substantiate the accuracy of the report; and
`(ii) on a finding of elder abuse, neglect, or exploitation, shall take
steps, including appropriate referral, to protect the health and welfare
of the abused, neglected, or exploited older individual;
`(C) that includes, throughout the State, in connection with the enforcement
of elder abuse, neglect, and exploitation laws and with the reporting of
suspected instances of elder abuse, neglect, and exploitation--
`(i) such administrative procedures;
`(ii) such personnel trained in the special problems of elder abuse,
neglect, and exploitation prevention and treatment;
`(iii) such training procedures;
`(iv) such institutional and other facilities (public and private); and
`(v) such related multidisciplinary programs and services,
as may be necessary or appropriate to ensure that the State will deal
effectively with elder abuse, neglect, and exploitation cases in the State;
`(D) that preserves the confidentiality of records in order to protect
the rights of older individuals;
`(E) that provides for the cooperation of law enforcement officials, courts
of competent jurisdiction, and State agencies providing human services
with respect to special problems of elder abuse, neglect, and exploitation;
`(F) that enables an older individual to participate in decisions regarding
the welfare of the older individual, and makes the least restrictive
alternatives available to an older individual who is abused, neglected,
or exploited; and
`(G) that includes a State clearinghouse for dissemination of information
to the general public with respect to--
`(i) the problems of elder abuse, neglect, and exploitation;
`(ii) the facilities described in subparagraph (C)(iv); and
`(iii) prevention and treatment methods available to combat instances of
elder abuse, neglect, and exploitation.
`(c) APPROACH- In developing and enhancing programs under subsection (a),
the State agency shall use a comprehensive approach, in consultation with
area agencies on aging, to identify and assist older individuals who are
subject to abuse, neglect, and exploitation, including older individuals
who live in State licensed facilities, unlicensed facilities, or domestic
or community-based settings.
`(d) COORDINATION- In developing and enhancing programs under subsection (a),
the State agency shall coordinate the programs with other State and local
programs and services for the protection of vulnerable adults, particularly
vulnerable older individuals, including programs and services such as--
`(1) area agency on aging programs;
`(2) adult protective service programs;
`(3) the State Long-Term Care Ombudsman program established in chapter 2;
`(4) protection and advocacy programs;
`(5) facility and long-term care provider licensure and certification
programs;
`(6) medicaid fraud and abuse services, including services provided by a
State medicaid fraud control unit, as defined in section 1903(q) of the
Social Security Act (42 U.S.C. 1396b(q));
`(7) victim assistance programs; and
`(8) consumer protection and law enforcement programs, as well as other State
and local programs that identify and assist vulnerable older individuals.
`(e) REQUIREMENTS- In developing and enhancing programs under subsection
(a), the State agency shall--
`(1) not permit involuntary or coerced participation in such programs by
alleged victims, abusers, or members of their households;
`(2) require that all information gathered in the course of receiving
a report described in subsection (b)(8)(B)(i), and making a referral
described in subsection (b)(8)(B)(ii), shall remain confidential except--
`(A) if all parties to such complaint or report consent in writing to the
release of such information;
`(B) if the release of such information is to a law enforcement agency,
public protective service agency, licensing or certification agency,
ombudsman program, or protection or advocacy system; or
`(C) upon court order; and
`(3) make all reasonable efforts to resolve any conflicts with other public
agencies with respect to confidentiality of the information described in
paragraph (2) by entering into memoranda of understanding that narrowly
limit disclosure of information, consistent with the requirement described
in paragraph (2).
`(f) DESIGNATION- The State agency may designate a State entity to carry
out the programs and activities described in this chapter.'.

1b2a1fbb6fae83d36c136a58f9088d2adf99d13249aab46de1363c252db90bb7

Title VII of the Older Americans Act of 1965 (as added by section 701
and amended by the preceding sections) is amended by adding at the end
the following:
`CHAPTER 4--STATE ELDER RIGHTS AND LEGAL ASSISTANCE DEVELOPMENT PROGRAM
`SEC. 731. STATE ELDER RIGHTS AND LEGAL ASSISTANCE DEVELOPMENT.
`(a) ESTABLISHMENT-
`(1) IN GENERAL- In order to be eligible to receive an allotment under
section 703 from funds appropriated under section 702(c), a State agency
shall, in accordance with this section and in consultation with area
agencies on aging, establish a program to provide leadership for improving
the quality and quantity of legal and advocacy assistance as a means for
ensuring a comprehensive elder rights system.
`(2) COORDINATION AND ASSISTANCE- In carrying out the program established
under this chapter, the State agency shall coordinate, and provide assistance
to, area agencies on aging and other entities in the State that assist
older individuals in--
`(A) understanding the rights of the older individuals;
`(B) exercising choice;
`(C) benefiting from services and opportunities authorized by law;
`(D) maintaining the rights of the older individuals and, in particular,
of the older individuals with reduced capacity; and
`(E) solving disputes.
`(b) FUNCTIONS- In carrying out this chapter, the State agency shall--
`(1) establish a focal point for elder rights policy review, analysis,
and advocacy at the State level, including such issues as guardianship,
age discrimination, pension and health benefits, insurance, consumer
protection, surrogate decisionmaking, protective services, public benefits,
and dispute resolution;
`(2) provide an individual who shall be known as a State legal assistance
developer, and other personnel, sufficient to ensure--
`(A) State leadership in securing and maintaining legal rights of older
individuals;
`(B) State capacity for coordinating the provision of legal assistance;
`(C) State capacity to provide technical assistance, training and other
supportive functions to area agencies on aging, legal assistance providers,
ombudsmen, and other persons as appropriate; and
`(D) State capacity to promote financial management services for older
individuals at risk of conservatorship;
`(3)(A) develop, in conjunction with area agencies on aging and legal
assistance providers, statewide standards for the delivery of legal
assistance to older individuals; and
`(B) provide technical assistance to area agencies on aging and legal
assistance providers to enhance and monitor the quality and quantity of
legal assistance to older individuals, including technical assistance in
developing plans for targeting services to reach the older individuals with
greatest economic need and older individuals with greatest social need,
with particular attention to low-income minority individuals;
`(4) provide consultation to, and ensure, the coordination of activities
with the legal assistance provided under title III, services provided by the
Legal Service Corporation, and services provided under chapters 2, 3, and 5,
as well as other State or Federal programs administered at the State and
local levels that address the legal assistance needs of older individuals;
`(5) provide for the education and training of professionals, volunteers,
and older individuals concerning elder rights, the requirements and benefits
of specific laws, and methods for enhancing the coordination of services;
`(6) promote, and provide as appropriate, education and training for
individuals who are or might become guardians or representative payees of
older individuals, including information on--
`(A) the powers and duties of guardians or representative payees; and
`(B) alternatives to guardianship;
`(7) promote the development of, and provide technical assistance concerning,
pro bono legal assistance programs, State and local bar committees on aging,
legal hot lines, alternative dispute resolution, programs and curricula,
related to the rights and benefits of older individuals, in law schools and
other institutions of higher education, and other methods to expand access
by older individuals to legal assistance and advocacy and vulnerable elder
rights protection activities;
`(8) provide for periodic assessments of the status of elder rights in
the State, including analysis--
`(A) of the unmet need for assistance in resolving legal problems and
benefits-related problems, methods for expanding advocacy services,
the status of substitute decisionmaking systems and services (including
systems and services regarding guardianship, representative payeeship,
and advance directives), access to courts and the justice system, and the
implementation of civil rights and age discrimination laws in the State; and
`(B) of problems and unmet needs identified in programs established under
title III  and other programs; and
`(9) for the purpose of identifying vulnerable elder rights protection
activities provided by the entities under this chapter, and coordinating
the activities with programs established under title III and chapters 2,
3, and 5, develop working agreements with--
`(A) State entities, including the consumer protection agency, the court
system, the attorney general, the State equal employment opportunity
commission, and other State agencies; and
`(B) Federal entities, including the Social Security Administration,
Health Care Financing Administration, and the Department of Veterans'
Affairs, and other entities.'.

3f93f536237266f3ba668a2e490b84a0cc0d3634ee1284e4a3d54f22f6528b27

(a) PURPOSE- The purpose of this section is to provide outreach, counseling,
and assistance in order to assist older individuals in obtaining benefits
under--
(1) public and private health insurance, long-term care insurance, life
insurance, and pension plans; and
(2) public programs under which the individuals are entitled to benefits,
including benefits under--
(A) the supplemental security income program established under title XVI
of the Social Security Act (42 U.S.C. 1381 et seq.);
(B) the medicare program established under title XVIII of the Social
Security Act (42 U.S.C. 1395 et seq.);
(C) the medicaid program established under title XIX of the Social Security
Act (42 U.S.C. 1396 et seq.);
(D) the program established under the Food Stamp Act of 1977 (7 U.S.C. 2011
et seq.); and
(E) the program established under the Low-Income Home Energy Assistance
Act of 1981 (42 U.S.C. 8621 et seq.).
(b) PROGRAM- Title VII of the Older Americans Act of 1965 (as added by
section 701, and amended by the preceding sections) is amended by adding
at the end the following:
`CHAPTER 5--OUTREACH, COUNSELING, AND ASSISTANCE PROGRAM
`SEC. 741. STATE OUTREACH, COUNSELING, AND ASSISTANCE PROGRAM FOR INSURANCE
AND PUBLIC BENEFITS.
`(a) DEFINITIONS- As used in this section:
`(1) INSURANCE BENEFIT- The term `insurance benefit' means a benefit under--
`(A) the medicare program established under title XVIII of the Social
Security Act (42 U.S.C. 1395 et seq.);
`(B) the medicaid program established under title XIX of the Social Security
Act (42 U.S.C. 1396 et seq.);
`(C) a public or private insurance program;
`(D) a medicare supplemental policy; or
`(E) a pension plan.
`(2) MEDICARE SUPPLEMENTAL POLICY- The term `medicare supplemental policy'
has the meaning given the term in section 1882(g)(1) of the Social Security
Act (42 U.S.C. 1395ss(g)(1)).
`(3) PENSION PLAN- The term `pension plan' means an employee pension benefit
plan, as defined in section 3(2) of the Employee Retirement Income Security
Act of 1974 (29 U.S.C. 1002(2)).
`(4) PUBLIC BENEFIT- The term `public benefit' means a benefit under--
`(A) the Federal Old-Age, Survivors, and Disability Insurance Benefits
programs under title II of the Social Security Act (42 U.S.C. 401 et seq.);
`(B) the medicare program established under title XVIII of the Social
Security Act, including benefits as a qualified medicare beneficiary,
as defined in section 1905(p) of the Social Security Act;
`(C) the medicaid program established under title XIX of the Social
Security Act;
`(D) the program established under the Food Stamp Act of 1977 (7 U.S.C. 2011
et seq.);
`(E) the program established under the Low-Income Home Energy Assistance
Act of 1981 (42 U.S.C. 8621 et seq.);
`(F) the supplemental security income program established under title XVI
of the Social Security Act (42 U.S.C. 1381 et seq.); or
`(G) a program determined to be appropriate by the Commissioner.
`(5) STATE INSURANCE ASSISTANCE PROGRAM- The term `State insurance assistance
program' means the program established under subsection (b)(1).
`(6) STATE PUBLIC BENEFIT ASSISTANCE PROGRAM- The term `State public benefit
assistance program' means the program established under subsection (b)(2).
`(b) ESTABLISHMENT- In order to receive an allotment under section 703
from funds appropriated under section 702(d), a State agency shall,
in coordination with area agencies on aging and in accordance with this
section, establish--
`(1) a program to provide to older individuals outreach, counseling,
and assistance related to obtaining insurance benefits; and
`(2) a program to provide outreach, counseling, and assistance to older
individuals who may be eligible for, but who are not receiving, public
benefits.
`(c) INSURANCE AND PUBLIC BENEFITS- The State agency shall--
`(1) in carrying out a State insurance assistance program--
`(A) provide information and counseling to assist older individuals--
`(i) in filing claims and obtaining benefits under title XVIII and title
XIX of the Social Security Act;
`(ii) in comparing medicare supplemental policies and in filing claims
and obtaining benefits under such policies;
`(iii) in comparing long-term care insurance policies and in filing claims
and obtaining benefits under such policies;
`(iv) in comparing other types of health insurance policies not described in
clause (iii) and in filing claims and obtaining benefits under such policies;
`(v) in comparing life insurance policies and in filing claims and obtaining
benefits under such policies;
`(vi) in comparing other forms of insurance policies not described in
clause (v), in comparing pension plans, and in filing claims and obtaining
benefits under such policies and plans as the State agency may determine
to be necessary; and
`(vii) in comparing current and future health and post-retirement needs
related to pension plans, and the relationship of benefits under such
plans to insurance benefits and public benefits;
`(B) establish a system of referrals to appropriate providers of legal
assistance, and to appropriate agencies of the Federal or State government
regarding the problems of older individuals related to health insurance
benefits, other insurance benefits, and public benefits;
`(C) give priority to providing assistance to older individuals with
greatest economic need;
`(D) ensure that services provided under the program will be coordinated
with programs established under chapters 2, 3, and 4, and under title III;
`(E) provide for adequate and trained staff (including volunteers) necessary
to carry out the program;
`(F) ensure that staff (including volunteers) of the agency and of any
agency or organization described in subsection (d) will not be subject to
a conflict of interest in providing services under the program;
`(G) provide for the collection and dissemination of timely and accurate
information to staff (including volunteers) related to insurance benefits
and public benefits;
`(H) provide for the coordination of information on insurance benefits
between the staff of departments and agencies of the State government and
the staff (including volunteers) of the program; and
`(I) make recommendations related to consumer protection that may affect
individuals eligible for, or receiving, health or other insurance benefits;
and
`(2) in carrying out a State public benefits assistance program--
`(A) carry out activities to identify older individuals with greatest
economic need who may be eligible for, but who are not receiving, public
benefits;
`(B) conduct outreach activities to inform older individuals of the
requirements for eligibility to receive such benefits;
`(C) assist older individuals in applying for such benefits;
`(D) establish a system of referrals to appropriate providers of legal
assistance, or to appropriate agencies of the Federal or State government
regarding the problems of older individuals related to public benefits;
`(E) comply with the requirements specified in subparagraphs (C) through
(F) of paragraph (1) with respect to the State public benefits assistance
program;
`(F) provide for the collection and dissemination of timely and accurate
information to staff (including volunteers) related to public benefits;
`(G) provide for the coordination of information on public benefits between
the staff of State entities and the staff (including volunteers) of the
State public benefits assistance program; and
`(H) make recommendations related to consumer protection that may affect
individuals eligible for, or receiving, public benefits.
`(d) ADMINISTRATION- The State agency may operate the State insurance
assistance program and the State public benefits assistance program directly,
in cooperation with other State agencies, or under an agreement with a
statewide nonprofit organization, an area agency on aging, or another
public or nonprofit agency or organization.
`(e) MAINTENANCE OF EFFORT- Any funds appropriated for the activities
under this chapter shall supplement, and shall not supplant, funds that are
expended for similar purposes under any Federal, State, or local program
providing insurance benefits or public benefits.
`(f) COORDINATION- A State that receives an allotment under section 703
and receives a grant to provide services under section 4360 of the Omnibus
Reconciliation Act of 1990 (42 U.S.C. 1395b-4) shall coordinate the services
with activities provided by the State agency through the programs described
in paragraphs (1) and (2) of subsection (b).'.

350ff8c4fba67239d48d1459c0d85e55ed1bc2938cfb8b96243309d907a51e02

Title VII of the Older Americans Act of 1965 (as added by section 701,
and amended by the preceding sections) is amended by adding at the end
the following:
`Subtitle B--Native American Organization Provisions
`SEC. 751. NATIVE AMERICAN PROGRAM.
`(a) ESTABLISHMENT- The Commissioner, acting through the Associate
Commissioner on American Indian, Alaskan Native, and Native Hawaiian Aging,
shall establish and carry out a program for--
`(1) assisting eligible entities in prioritizing, on a continuing basis, the
needs of the service population of the entities relating to elder rights; and
`(2) making grants to eligible entities to carry out vulnerable elder
rights protection activities that the entities determine to be priorities.
`(b) APPLICATION- In order to be eligible to receive assistance under this
subtitle, an entity  shall submit an application to the Commissioner,
at such time, in such manner, and containing such information as the
Commissioner may require.
`(c) ELIGIBLE ENTITY- An entity eligible to receive assistance under this
section shall be--
`(1) an Indian tribe; or
`(2) a public agency, or a nonprofit organization, serving older individuals
who are Native Americans.
`(d) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated
to carry out this section, $5,000,000 for fiscal year 1992, and such sums
as may be necessary for fiscal years 1993, 1994, and 1995.'.

423ad902162b6db2bea262290082d9916c071264a5a348868f4a94166afd94af

Title VII of the Older Americans Act of 1965 (as added by section 701,
and amended by the preceding sections) is amended by adding at the end
the following:
`Subtitle C--General Provisions
`SEC. 761. DEFINITIONS.
`As used in this title:
`(1) ELDER RIGHT- The term `elder right' means a right of an older
individual.
`(2) VULNERABLE ELDER RIGHTS PROTECTION ACTIVITY- The term `vulnerable elder
rights protection activity' means an activity funded under chapter 2, 3,
4, or 5 of this title.
`SEC. 762. ADMINISTRATION.
`A State agency or an entity described in section 751(c) may carry out
vulnerable elder rights protection activities either directly or through
contracts or agreements with public or nonprofit private agencies or
organizations, such as--
`(1) other State agencies;
`(2) area agencies on aging;
`(3) county governments;
`(4) institutions of higher education;
`(5) Indian tribes; or
`(6) nonprofit service providers or volunteer organizations.
`SEC. 763. TECHNICAL ASSISTANCE.
`(a) OTHER AGENCIES- In carrying out the provisions of this title, the
Commissioner may request the technical assistance and cooperation of such
Federal entities as may be appropriate.
`(b) COMMISSIONER- The Commissioner shall provide technical assistance
and training (by contract, grant, or otherwise) to persons and entities
that administer programs established under this title.
`SEC. 764. AUDITS.
`(a) ACCESS- The Commissioner, the Comptroller General of the United States,
and any duly authorized representative of the Commissioner or the Comptroller
shall have access, for the purpose of conducting an audit or examination,
to any books, documents, papers, and records that are pertinent to financial
assistance received under this title.
`(b) LIMITATION- State agencies, area agencies on aging, and entities
described in section 751(c) shall not request information or data from
providers that is not pertinent to services furnished under this title or
to a payment made for the services.'.

7bd7e42ab058731ea972df31f0da5600951d8bea7bfb53f05456189f892ef6cb

(a) OMBUDSMAN PROGRAM-
(1) SOCIAL SECURITY ACT-
(A) Section 1819 of the Social Security Act (42 U.S.C. 1395i-3) is amended
in subsections (c)(2)(B)(iii)(II) and (g)(5)(B) by striking `established
under section 307(a)(12) of the Older Americans Act of 1965' and inserting
`established under title III or VII of the Older Americans Act of 1965 in
accordance with section 712 of the Act'.
(B) Section 1919 of the Social Security Act (42 U.S.C. 1396r) is amended
in subsections (c)(2)(B)(iii)(II) and (g)(5)(B) by striking `established
under section 307(a)(12) of the Older Americans Act of 1965' and inserting
`established under title III or VII of the Older Americans Act of 1965 in
accordance with section 712 of the Act'.
(2) OLDER AMERICANS ACT OF 1965-
(A) Section 207(b) of the Older Americans Act of 1965 (42 U.S.C. 3018(b))
is amended--
(i) in paragraph (1)(A), by striking `section 307(a)(12)(C)' and inserting
`titles III and VII in accordance with section 712(c)'; and
(ii) in paragraph (3)--
(I) by striking `by section 307(a)(12)(H)(i)' and inserting `under titles
III and VII in accordance with section 712(h)(1)'; and
(II) by striking subparagraph (E) and inserting the following:
`(E) each public agency or private organization designated as an Office
of the State Long-Term Care Ombudsman under title III or VII in accordance
with section 712(a)(4)(A).'.
(B) Section 301(c) of the Older Americans Act of 1965 (42 U.S.C. 3021(c)) is
amended by striking `section 307(a)(12), and to individuals designated under
such section' and inserting `section 307(a)(12) in accordance with section
712, and to individuals within such programs designated under section 712'.
(C) Section 351(4) of the Older Americans Act of 1965 (42 U.S.C. 3030l(4))
is amended by striking `section 307(a)(12)' and inserting `titles III and
VII in accordance with section 712'.
(b) PROGRAMS FOR PREVENTION OF ABUSE, NEGLECT, AND EXPLOITATION- Section
321(15) of the Older Americans Act of 1965 (42 U.S.C. 3030d(15)) is amended
by striking `clause (16) of section 307(a)' and inserting `chapter 3 of
subtitle A of title VII and section 307(a)(16)'.
(c) OUTREACH PROGRAMS-
(1) Section 202(a)(20) of the Older Americans Act of 1965 (42
U.S.C. 3012(a)(20)) is amended by striking `under section 307(a)(31)'.
(2) Section 207(c) of the Older Americans Act of 1965 (42 U.S.C. 3018(c))
is amended--
(A) in the first sentence, by striking `on the evaluations required to
be submitted under section 307(a)(31)(D)' and inserting `on the outreach
activities supported under this Act'; and
(B) in paragraph (1), by striking `outreach activities supported under
section 306(a)(6)(P)' and inserting `the activities'.
(3) Section 303(a)(1) of the Older Americans Act of 1965 (42
U.S.C. 3023(a)(1)) is amended by striking `for purposes other than outreach
activities and application assistance under section 307(a)(31)'.
(4) Section 307(a)(20)(A) of the Older Americans Act of 1965 (42
U.S.C. 3027(a)(20)(A)) is amended by striking `sections 306(a)(2)(A)
and 306(a)(6)(P)' and inserting `section 306(a)(2)(A)'.
Subtitle A--Long-Term Health Care Workers

074d94e38822ff7c24e2cbdc0c7cbefa91b3473110971c1e5825492a592b0673

As used in this subtitle:
(1) NURSING HOME NURSE AIDE- The term `nursing home nurse aide' means an
individual employed at a nursing or convalescent home who assists in the care
of patients at such home under the direction of nursing and medical staff.
(2) HOME HEALTH CARE AIDE- The term `home health care aide' means an
individual who--
(A) is employed by a government, charitable, nonprofit, or proprietary
agency; and
(B) cares for elderly, convalescent, or handicapped individuals in the
home of the individuals by performing routine home assistance (such as
housecleaning, cooking, and laundry) and assisting in the health care of
such individuals under the direction of a physician or nurse.

b2f0307cdc01c3cb6937d8a10ea0b26e6cabc616cd9d7731ef027de3a1a66cfc

(a) NATIONAL CENTER FOR HEALTH STATISTICS- The Director of the National
Center for Health Statistics of the Centers for Disease Control 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.

7b7bf308012adf27f1cc166cdb3f2a5839610c6efdfffa8892636665a0a18d46

(a) REPORTS TO COMMISSIONER ON AGING-
(1) TRANSMITTAL-
(A) NATIONAL CENTER FOR HEALTH STATISTICS REPORT- Not later than March 1,
1994, the Director of the National Center for Health Statistics of the
Centers for Disease Control shall transmit to the Commissioner on Aging
the report required by section 802(a).
(B) DEPARTMENT OF LABOR REPORTS-
(i) HOME HEALTH CARE AIDES- Not later than March 1, 1993, the Secretary of
Labor shall transmit to the Commissioner on Aging a plan for the collection
of the information described in section 802(b)(1).  Not later than March 1,
1995, the Secretary of Labor shall transmit to the Commissioner on Aging
the report required by section 802(b)(1).
(ii) NURSING HOME NURSE AIDES- Not later than March 1, 1994, the Secretary
of Labor shall transmit to the Commissioner on Aging the report required
by section 802(b)(2).
(2) PREPARATION-
(A) NATIONAL CENTER FOR HEALTH STATISTICS REPORT- The report required by
section 802(a) shall be prepared and organized in such a manner as the
Director of the National Center for Health Statistics may determine to
be appropriate.
(B) DEPARTMENT OF LABOR REPORTS- The reports required by paragraphs (1)
and (2) of section 802(b) shall be prepared and organized in such a manner
as the Secretary of Labor may determine to be appropriate.
(3) PRESENTATION OF INFORMATION- The reports required by section 802 shall
not identify by name individuals supplying information for purposes of the
reports. The reports shall present information collected in the aggregate.
(b) REPORT TO CONGRESS- The Commissioner on Aging shall review the reports
required by section 802 and shall submit to the appropriate committees of
Congress a report containing--
(1) the reports required by section 802;
(2) the comments of the Commissioner on the reports; and
(3) additional information, regarding the roles of nursing home nurse aides
and home health care aides in providing long-term care, obtained through
the State Long-Term Care Ombudsman program established under sections
307(a)(12) and 712 of the Older Americans Act of 1965.

cbdd252013e527f06eca54375568b22ca8d10524ecd4553c68820de57852b927

The Secretary of Labor shall include an occupational code covering nursing
home nurse aides and an occupational code covering home health care aides
in each wage survey of relevant industries conducted by the Department of
Labor that begins after the date of enactment of this Act.
Subtitle B--National School Lunch Act

8c0637e88740f5e4189f8af8ebeabd7c41d475477d73e125cec728238393c541

(a) IN GENERAL- Section 17(o)(2)(A)(i) of the National School Lunch Act
(42 U.S.C. 1766(o)(2)(A)(i)) is amended by inserting `, or a group living
arrangement,' after `homes'.
(b) EFFECTIVE DATE- The amendment made by subsection (a) shall take effect
as if the amendment had been included in the Older Americans Act Amendments
of 1987.
Subtitle C--Native American Programs

ba17af37bfad93493885f6b52f5634e5e987274dc35b725a790163292eaa615b

This subtitle may be cited as the `Native American Programs Act Amendments
of 1992'.

12f14b96b11988424abf3aa4d35a6635ec4531be2f454a5917882d1f91727514

The Native American Programs Act of 1974 (42 U.S.C. 2991 et seq.) is
amended--
(1) in section 803 (42 U.S.C. 2991b)--
(A) by striking `Secretary' each place the term appears and inserting
`Commissioner'; and
(B) in the first sentence of subsection (a)--
(i) by striking `Indian organizations' and inserting `Indian and Alaska
Native organizations'; and
(ii) by striking `nonreservation area' and inserting `area that is not an
Indian reservation or Alaska Native village';
(2) in section 803A (42 U.S.C. 2991b-1)--
(A) in subsection (a)(1)--
(i) by striking `one agency' and all that follows through `of Native
Hawaiians' and inserting `the Office of Hawaiian Affairs of the State of
Hawaii (referred to in this section as the `Office')';
(ii) by striking `5-year'; and
(iii) in subparagraph (A) by striking `such agency or Native Hawaiian
organization' and inserting `the Office';
(B) by striking `agency or organization to which a grant is awarded under
subsection (a)(1) of this section' each place the term appears and inserting
`Office';
(C) by striking `agency or organization' each place the term appears and
inserting `Office';
(D) by striking `Secretary' each place the term appears and inserting
`Commissioner';
(E) in subsection (a)(2) by inserting before the period at the end the
following: `and a requirement that the grantee contribute to the revolving
loan fund an amount of non-Federal funds equal to the amount of such grant';
(F) by striking subsection (b)(6);
(G) in subsection (f)(1) by striking `fiscal years 1988, 1989, and 1990
the aggregate amount of $3,000,000 for all such fiscal years' and inserting
`each of the fiscal years 1992, 1993, and 1994, $1,000,000';
(H) by striking subsection (f)(3); and
(I) by striking subsection (g) and inserting the following:
`(g)(1) The Commissioner, in consultation with the Office, shall submit a
report to the President pro tempore of the Senate and the Speaker of the
House of Representatives not later than January 1 following each fiscal
year, regarding the administration of this section in such fiscal year.
`(2) Such report shall include the views and recommendations of the
Commissioner with respect to the revolving loan fund established under
subsection (a)(1) and with respect to loans made from such fund, and shall--
`(A) describe the effectiveness of the operation of such fund in improving
the economic and social self-sufficiency of Native Hawaiians;
`(B) specify the number of loans made in such fiscal year;
`(C) specify the number of loans outstanding as of the end of such fiscal
year; and
`(D) specify the number of borrowers who fail in such fiscal year to repay
loans in accordance with the agreements under which such loans are required
to be repaid.';
(3) after section 803A (42 U.S.C. 2991b-1) by inserting the following:
`ESTABLISHMENT OF ADMINISTRATION FOR NATIVE AMERICANS
`SEC. 803B. (a) There is established in the Department of Health
and Human Services (referred to in this title as the `Department')
the Administration for Native Americans (referred to in this title as
the `Administration'), which shall be headed by a Commissioner of the
Administration for Native Americans (referred to in this title as the
`Commissioner'). The Administration shall be the agency responsible for
carrying out the provisions of this title.
`(b) The Commissioner shall be appointed by the President, by and with
the advice and consent of the Senate.
`(c) The Commissioner shall--
`(1) provide for financial assistance, loan funds, technical assistance,
training, research and demonstration projects, and other activities,
described in this title;
`(2) serve as the effective and visible advocate on behalf of Native
Americans within the Department, and with other departments and agencies
of the Federal Government regarding all Federal policies affecting Native
Americans;
`(3) with the assistance of the Intra-Departmental Council on Native
American Affairs established by subsection (d)(1), coordinate activities
within the Department leading to the development of policies, programs,
and budgets, and their administration affecting Native Americans, and
provide quarterly reports and recommendations to the Secretary;
`(4) collect and disseminate information related to the social and economic
conditions of Native Americans, and assist the Secretary in preparing an
annual report to the Congress about such conditions;
`(5) give preference to individuals who are eligible for assistance under
this title, in entering into contracts for technical assistance, training,
and evaluation under this title; and
`(6) encourage agencies that carry out projects under this title, to give
preference to such individuals in hiring and entering into contracts to
carry out such projects.
`(d)(1) There is established in the Office of the Secretary the
Intra-Departmental Council on Native American Affairs. The Commissioner shall
be the chairperson of such Council and shall advise the Secretary on all
matters affecting Native Americans that involve the Department. The Director
of the Indian Health Service shall serve as vice chairperson of the Council.
`(2) The membership of the Council shall be the heads of principal operating
divisions within the Department, as determined by the Secretary, and such
persons in the Office of the Secretary as the Secretary may designate.
`(3) In addition to the duties described in subsection (c)(3), the
Council shall, within 180 days following the date of the enactment of
the Native American Programs Act Amendments of 1992, prepare a plan,
including legislative recommendations, to allow tribal governments and
other organizations described in section 803(a) to consolidate grants
administered by the Department and to designate a single office to oversee
and audit the grants. Such plan shall be submitted to the committees of
the Senate and the House of Representatives having jurisdiction over the
Administration for Native Americans.
`(e) The Secretary shall assure that adequate staff and administrative
support is provided to carry out the purpose of this title. In determining
the staffing levels of the Administration, the Secretary shall consider
among other factors the unmet needs of the Native American population, the
need to provide adequate oversight and technical assistance to grantees, the
need to carry out the activities of the Council, the additional reporting
requirements established, and the staffing levels previously maintained
in support of the Administration.';
(4) by striking section 804 (42 U.S.C. 2991c) and inserting the following:
`TECHNICAL ASSISTANCE AND TRAINING
`SEC. 804. The Commissioner shall provide, directly or through other
arrangements--
`(1) technical assistance to the public and private agencies in planning,
developing, conducting, and administering projects under this title;
`(2) short-term in-service training for specialized or other personnel
that is needed in connection with projects receiving financial assistance
under this title; and
`(3) upon denial of a grant application, technical assistance to a potential
grantee in revising a grant proposal.';
(5) in section 805 (42 U.S.C. 2991d) by striking `Secretary' each place
the term appears and inserting `Commissioner';
(6) in section 806 (42 U.S.C. 2991d-1) by striking `Secretary' each place
the term appears and inserting `Commissioner';
(7) in section 807 (42 U.S.C. 2991e) by striking `Secretary' each place
the term appears and inserting `Commissioner';
(8) in section 808 (42 U.S.C. 2991f) by striking `Secretary' each place
the term appears and inserting `Commissioner';
(9) in section 809 (42 U.S.C. 2991g) by striking `Secretary' each place
the term appears and inserting `Commissioner';
(10) in section 810 (42 U.S.C. 2991h)--
(A) by striking `Secretary' and inserting `Commissioner';
(B) by designating the text as subsection (a); and
(C) by adding at the end the following:
`(b) If an application is rejected on the grounds that the applicant is
ineligible or that activities proposed by the applicant are ineligible
for funding, the applicant may appeal to the Secretary, not later than
30 days after the date of receipt of notification of such rejection, for
a review of the grounds for such rejection.  On appeal, if the Secretary
finds that an applicant is eligible or that its proposed activities are
eligible, such eligibility shall not be effective until the next cycle of
grant proposals are considered by the Administration.';
(11) in section 811 (42 U.S.C. 2992)--
(A) by striking `Secretary' each place the term appears and inserting
`Commissioner';
(B) in subsection (a)--
(i) by inserting `(1)' after `(a)', and
(ii) by adding at the end the following:
`(2) The projects assisted under this title shall be evaluated in accordance
with this section not less frequently than at 3-year intervals.';
(12) after section 811 (42 U.S.C. 2992) by inserting the following:
`ANNUAL REPORT
`SEC. 811A. The Secretary shall, not later than January 31 of each year,
prepare and transmit to the President pro tempore of the Senate and the
Speaker of the House of Representatives an annual report on the social
and economic conditions of American Indians, Native Hawaiians, other
Native American Pacific Islanders (including American Samoan Natives),
and Alaska Natives, together with such recommendations to Congress as the
Secretary considers to be appropriate.';
(13)  after section 812 (42 U.S.C. 2992a) by inserting the following:
`STAFF
`SEC. 812A. In all personnel actions of the Administration, preference
shall be given to individuals who are eligible for assistance under this
title. Such preference shall be implemented in the same fashion as the
preference given to veterans referred to in section 2108(3)(C) of title 5,
United States Code. The Commissioner shall take such additional actions as
may be necessary to promote recruitment of such individuals for employment
in the Administration.';
(14) by striking section 813 (42 U.S.C. 2992b) and inserting the following:
`ADMINISTRATION
`SEC. 813. Nothing in this title shall be construed to prohibit interagency
funding agreements made between the Administration and other agencies of
the Federal Government for the development and implementation of specific
grants or projects.';
(15) in section 816(a) (42 U.S.C. 2992d(a))--
(A) by striking `1988' and all that follows and inserting `1992, 1993,
1994, and 1995.'; and
(B) by striking `and 803A' and inserting a comma and `803A, subsection (e)
of this section, and any other provision of this title for which there is
an express authorization of appropriations;
(16) in section 816(b) (42 U.S.C. 2992d(b)) by striking `and 803A' and
inserting a comma and `803A, 804, subsection (e) of this section, and any
other provision of this title for which there is an express authorization
of appropriations';
(17) in section 816(c)(1) (42 U.S.C. 2992d(c)(1))--
(A) by striking `(1) Except as provided in paragraph (2), there are'
and inserting `There are'; and
(B) by striking `1988, 1989, 1990, and 1991' and inserting `1992, 1993,
1994, and 1995';
(18) by striking section 816(c)(2) (42 U.S.C. 2992d(c)(2));
(19) in section 816(d) by striking `1991,';
(20) in section 816 (42 U.S.C. 2992d) by adding at the end the following:
`(e)(1) For fiscal years 1992 and 1993, there are authorized to be
appropriated such sums as may be necessary for the purpose of--
`(A) establishing demonstration projects to conduct research related to
Native American studies and Indian policy development; and
`(B) continuing the development of a detailed plan, based in part on the
results of the projects, for the establishment of a National Center for
Native American Studies and Indian Policy Development.
`(2) Such a plan shall be delivered to the Congress not later than 30 days
after the date of enactment of this subsection.'; and
(21) in sections 802, 803(a), 806(a)(2), 808, and 815(2) (42 U.S.C. 2991a,
2991b(a), 2991d-1(a)(2), 2991f, and 2992c(2)) by striking `Alaskan Native'
each place the term appears and inserting `Alaska Native'.
Subtitle D--White House Conference on Aging

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Older Americans Act Amendments of 1992

Other Sections