I

104TH CONGRESS

1ST SESSION H. R. 2056

To amend the Older Americans Act of 1965 to provide for Federal-State

performance partnerships, to consolidate all nutrition programs under

the Act in the Department of Health and Human Services, to extend

authorizations of appropriations for programs under the Act through

fiscal year 1998, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JULY 18, 1995

Mr. MARTINEZ introduced the following bill; which was referred to the

Committee on Economic and Educational Opportunities

A BILL

To amend the Older Americans Act of 1965 to provide

for Federal-State performance partnerships, to consolidate all nutrition programs under the Act in the Department of Health and Human Services, to extend authorizations of appropriations for programs under the Act

through fiscal year 1998, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; REFERENCES IN ACT; TABLE OF

4 CONTENTS.

5 (a) This Act may be cited as the ‘‘Older Americans

6 Act Amendments of 1995’’.
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1 (b) Except where otherwise specifically provided, ref2 erences in this Act shall be considered to be made to the

3 Older Americans Act of 1965, or to a section or other pro4 vision thereof.

5 (c) The table of contents of this Act is as follows:

Sec. 1. Short title; references in Act.

TITLE I—PERFORMANCE PARTNERSHIPS

Sec. 101. Responsibilities of Assistant Secretary.

Sec. 102. Funding of performance partnership administrative costs and incentive awards.

Sec. 103. Responsibilities of States.

Sec. 104. Area plans: reorganization, streamlining, and incorporation of performance partnerships.

Sec. 105. State plans: reorganization, streamlining, and incorporation of performance partnerships.

Sec. 106. Effective date.

TITLE II—OTHER AMENDMENTS TO THE OLDER AMERICANS ACT

OF 1965

PART A—ADMINISTRATION ON AGING

Sec. 201. National Eldercare Locator Service.

Sec. 202. Authorization of appropriations.

PART B—STATE AND COMMUNITY PROGRAMS ON AGING

Sec. 211. Clarification concerning services to nonelderly.

Sec. 212. Coordination of services for individuals with disabilities under area

plans.

Sec. 213. Eligibility of older indians for services under area plans.

Sec. 214. State option for cost sharing.

Sec. 215. State option concerning consumer-directed services.

Sec. 216. Transfer of funds between programs.

Sec. 217. Disaster relief.

Sec. 218. Nutrition services incentive program.

Sec. 219. Waivers of certain requirements for State programs.

Sec. 220. Consolidation of authorities for supportive services and senior centers.

Sec. 221. Consolidation of authorities for nutrition services.

Sec. 222. Authorization of appropriations.

PART C—RESEARCH, DEVELOPMENT, AND DEMONSTRATIONS

Sec. 231. Revision of title IV.

PART D—COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS

Sec. 241. Transfer of authority.

Sec. 242. Phased reduction of Federal share.

Sec. 243. Authorization of appropriations.
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PART E—GRANTS FOR NATIVE AMERICANS

Sec. 251. Authorization of appropriations.

PART F—VULNERABLE ELDER RIGHTS PROTECTION

Sec. 261. Assistance program for insurance and public benefits.

Sec. 262. Authorization of appropriations.

PART G—TECHNICAL AMENDMENTS

Sec. 271. Definitions.

PART H—EFFECTIVE DATE

Sec. 281. Effective date.

TITLE III—WHITE HOUSE CONFERENCE ON AGING

Sec. 301. White House Conference authorized.

Sec. 302. Conference administration.

Sec. 303. Policy Committee; related committees.

Sec. 304. Report of the Conference.

Sec. 306. Authorization of appropriations.

1 TITLE I—PERFORMANCE

2 PARTNERSHIPS

3 SEC. 101. RESPONSIBILITIES OF ASSISTANT SECRETARY.

4 (a) FUNCTIONS OF ASSISTANT SECRETARY.—Section

5 202(a)(3) is amended by inserting before the semicolon

6 ‘‘, and to negotiate performance partnership agreements

7 with the States under titles III and VII’’.

8 (b) PERFORMANCE PARTNERSHIPS.—Title II is

9 amended by inserting after section 202 the following new

10 section:

11 ‘‘PERFORMANCE PARTNERSHIPS

12 ‘‘SEC. 202A. (a) IN GENERAL.—The Assistant Sec13 retary shall negotiate performance partnership agreements

14 with States in accordance with the provisions of this sec15 tion.
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1 ‘‘(b) PERFORMANCE OBJECTIVES AND MEASURES.—

2 ‘‘(1) DESIGNATION OF OBJECTIVES.—The As3 sistant Secretary, in consultation (as appropriate)

4 with the States, local governments, tribal organiza5 tions, and other entities, shall specify, by the end of

6 September 1996 (and from time to time revise, as

7 needed), with respect to the goals specified in sec8 tions 305A and 704A—

9 ‘‘(A) a list of performance partnership ob10 jectives to accomplish the goals of each such

11 section, and

12 ‘‘(B) a core set for each such section of ob13 jectives that address needs of older Americans

14 of national significance.

15 ‘‘(2) ELEMENTS OF PERFORMANCE PARTNER16 SHIP OBJECTIVES.—Each performance partnership

17 objective specified under paragraph (1) shall in18 clude—

19 ‘‘(A) a performance indicator;

20 ‘‘(B) the specific population being ad21 dressed;

22 ‘‘(C) a quantifiable performance target;

23 and

24 ‘‘(D) a date by which the target level is to

25 be achieved.
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1 ‘‘(3) GENERAL CRITERIA FOR DESIGNATION OF

2 OBJECTIVES.—In specifying the performance part3 nership objectives, the Assistant Secretary shall be

4 guided by the following principles:

5 ‘‘(A) objectives should be closely related to

6 the goals of the section concerned, and be

7 viewed as important by and understandable to

8 State policymakers and the general public;

9 ‘‘(B) actions taken under the partnership

10 agreement should be expected to have an im11 pact on the objective;

12 ‘‘(C) measurable progress in achieving the

13 objective should be expected over the period of

14 the grant;

15 ‘‘(D) objectives should be results-oriented,

16 including a suitable mix of outcome, process

17 and capacity measures, and, if an objective

18 measures process or capacity, it should be de19 monstrably linked to the achievement of a speci20 fied outcome for older Americans; and

21 ‘‘(E) data to track the objective shall, to

22 the extent practicable, be comparable for all

23 States, meet reasonable statistical standards for

24 quality, and be available in a timely fashion, at

25 appropriate periodicity, and at reasonable cost,
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1 and, with respect to core objectives, shall in2 clude as appropriate the data specified in sec3 tion 202(a)(19), collected in accordance with

4 the uniform procedures established pursuant to

5 section 202(a)(29).

6 ‘‘(c) STATE PERFORMANCE PARTNERSHIP PRO7 POSAL.—

8 ‘‘(1) IN GENERAL.—In order to meet the re9 quirements of this subsection, a performance part10 nership proposal submitted to the Assistant Sec11 retary by a State agency under title III or VII shall

12 contain—

13 ‘‘(A) a list of one or more objectives (de14 rived from the performance partnership objec15 tives specified under subsection (b)) toward

16 which the State will work and a performance

17 target for each objective which the applicant

18 will seek to achieve by the end of the partner19 ship period (which shall be coterminous by the

20 period covered by the State plan under section

21 307);

22 ‘‘(B) a rationale for the applicant’s selec23 tion of its objectives, including its performance

24 targets, and timeframes;
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1 ‘‘(C) a statement of the applicant’s strate2 gies for achieving the objectives over the course

3 of the grant period;

4 ‘‘(D) a statement of the estimated amount

5 to be expended to carry out each strategy; and

6 ‘‘(E) an assurance that the State will re7 port to the Assistant Secretary, not later than

8 60 days after the end of each fiscal year, on

9 progress in the State toward accomplishing core

10 performance objectives specified under sub11 section (b)(1)(B) (regardless of whether it is

12 working toward those objectives) and the spe13 cific objectives toward which the State is work14 ing under the performance partnership.

15 A State may select an objective that is not a speci16 fied performance partnership objective under sub17 section (b)(1)(A) if it demonstrates to the Assistant

18 Secretary that the objective relates to a significant

19 concern of older Americans in the State that would

20 not otherwise be addressed appropriately (and that

21 a suitable performance indicator exists to measure

22 progress toward the objective).

23 ‘‘(2) ELEMENTS OF STATE PROPOSALS RELAT24 ING TO SPECIAL POPULATIONS.—Each State pro-
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1 posal for a performance partnership under title III

2 or VII shall, as appropriate, include objectives—

3 ‘‘(A) designed, in consultation with tribal

4 governments (or their representatives) to ad5 dress the needs of older Indians or Native Ha6 waiians within the State and to ensure that an

7 appropriate and equitable share of State fund8 ing under such title is used to meet such needs;

9 and

10 ‘‘(B) designed to give priority to activities

11 addressing the needs of vulnerable older individ12 uals in the State.

13 ‘‘(d) NEGOTIATIONS AND ADJUSTMENT.—

14 ‘‘(1) INITIAL NEGOTIATIONS.—In the negotia15 tions concerning a proposed performance partner16 ship agreement submitted under this section, the As17 sistant Secretary shall—

18 ‘‘(A) consider the extent to which the

19 State’s proposed objectives, performance tar20 gets, timeframes, and strategies are likely to

21 address appropriately the most significant

22 needs of older Americans (as measured by ap23 plicable indicators) within the State, including

24 the needs of vulnerable populations, and
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1 ‘‘(B) give particular consideration to the

2 State’s proposed performance partnership in

3 addressing progress toward the core set of per4 formance partnership objectives.

5 ‘‘(2) ADJUSTMENT.—The Assistant Secretary

6 and a State may at any time in the course of a per7 formance partnership renegotiate, and revise by mu8 tual agreement, the elements of the partnership

9 agreement in light of new information or changed

10 circumstances (including information or changes

11 identified during assessments or on-site reviews

12 under subsection (e)).

13 ‘‘(e) ANNUAL ASSESSMENTS; PERIODIC ON-SITE RE14 VIEWS.—

15 ‘‘(1) ASSESSMENTS.—The Assistant Secretary

16 shall assess annually with respect to performance

17 partnerships under each of titles III and VII, on the

18 basis of the report submitted by a State under sub19 section (c)(1)(E)—

20 ‘‘(A) the progress achieved nationally to21 ward each of the objectives in the core set of

22 performance partnership objectives; and

23 ‘‘(B) in consultation with each State, the

24 State’s progress toward each objective agreed
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1 upon in the performance partnership under

2 such title.

3 The Assistant Secretary shall make assessments

4 publicly available.

5 ‘‘(2) PERIODIC ON-SITE REVIEWS.—The Assist6 ant Secretary shall conduct an on-site review of each

7 State’s adherence to its performance partnership

8 agreement under title III or VII not less often than

9 every five years.

10 ‘‘(f) INCENTIVE AWARDS FOR EFFECTIVE PERFORM11 ANCE.—From amounts reserved under section 304(a), the

12 Assistant Secretary may make an incentive award to any

13 State determined, on the basis of assessments or on-site

14 reviews under subsection (e) or other investigation, to have

15 performed effectively under a performance partnership

16 agreement under title III or VII and to have made signifi17 cant progress toward meeting core national objectives. In18 centive awards made to States shall be available only for

19 use in furnishing additional services under the State’s

20 agreement under such title.’’.

21 (c) DEFINITIONS.—Section 102 is amended by add22 ing at the end the following new paragraph:

23 ‘‘(45)(A) The term ‘performance indicator’

24 means a quantifiable characteristic used as a meas25 urement.
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1 ‘‘(B) The term ‘performance target’ means a

2 numerical value sought to be achieved within a spec3 ified period of time.’’.

4 SEC. 102. FUNDING OF PERFORMANCE PARTNERSHIP AD5 MINISTRATIVE COSTS AND INCENTIVE

6 AWARDS.

7 (a) STATE ADMINISTRATIVE COSTS RELATED TO

8 PERFORMANCE PARTNERSHIPS.—Section 308 is amended

9 by adding at the end the following new subsection:

10 ‘‘(d) In addition to amounts otherwise available under

11 this section, each State may use, for costs relating to the

12 administration of performance partnerships under this

13 title and title VII, including costs of developing, negotiat14 ing, administering, monitoring, evaluating, and reporting

15 on performance under, such partnerships, such additional

16 amounts from the allotment to the State under section

17 304 (not to exceed 2 percent of such allotment) as the

18 Assistant Secretary may permit.’’.

19 (b) SET-ASIDE FOR INCENTIVE AWARDS.—

20 (1) IN GENERAL.—Section 304 is amended—

21 (A) by redesignating subsections (a)

22 through (e) as subsections (b) through (f); and

23 (B) by inserting after ‘‘SEC. 304.’’ the fol24 lowing new subsection:
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1 ‘‘(a) RESERVATION OF FUNDS FOR PERFORMANCE

2 PARTNERSHIP INCENTIVE AWARDS.—From each of the

3 sums appropriated under section 303 for each fiscal year,

4 the Assistant Secretary may reserve up to 10 percent for

5 performance incentive awards to States in accordance with

6 section 205(f).’’.

7 (2) CONFORMING AMENDMENT.—Section

8 304(b), as redesignated by subsection (a), is amend9 ed by striking ‘‘from the sums appropriated’’ and in10 serting ‘‘from the amounts remaining, after applica11 tion of subsection (a), from the sums appropriated’’.

12 SEC. 103. RESPONSIBILITIES OF STATES.

13 (a) UNDER BASIC STATE GRANTS PROGRAM.—Title

14 III is amended by inserting after section 305 the following

15 new section:

16 ‘‘PERFORMANCE PARTNERSHIPS

17 ‘‘SEC. 305A. (a) GOALS.—The goals of this section

18 are for the States and the Federal Government, working

19 together in a partnership, to accomplish the purposes

20 specified in section 301(a).

21 ‘‘(b) PERFORMANCE PARTNERSHIP AS ELEMENT OF

22 STATE PLAN.—In order to be eligible to receive a grant

23 from its allotment under this title, except as provided in

24 section 309(a), a State shall propose to and negotiate with

25 the Assistant Secretary a performance partnership agree26 ment in accordance with the provisions of this section and
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1 section 202A, and shall include such agreement as part

2 of the State plan under section 307.

3 ‘‘(c) ADVISORY COUNCIL.—The State shall establish

4 an Advisory Council, with members including representa5 tives of other State agencies administering programs serv6 ing the elderly, private entities providing services under

7 the State plan, and older individuals (with appropriate ef8 forts to include members of minority groups), whose re9 sponsibilities shall include—

10 ‘‘(1) reviewing and commenting on the State’s

11 proposed performance partnership agreement under

12 this section (and such comments shall be included

13 with the State plan submission under section 307);

14 and

15 ‘‘(2) evaluating and reporting on the State’s

16 performance under the final agreement negotiated

17 with the Assistant Secretary.’’.

18 (b) UNDER VULNERABLE ELDER RIGHTS PROTEC19 TION PROGRAM.—Title VII is amended by inserting after

20 section 704 the following new section:

21 ‘‘PERFORMANCE PARTNERSHIPS

22 ‘‘SEC. 704A. (a) GOALS.—The goals of this section

23 are for the States and the Federal Government, working

24 together in a partnership, to protect the rights of vulner25 able older individuals and to prevent elder abuse, neglect,

26 and exploitation.
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1 ‘‘(b) STATE PERFORMANCE PARTNERSHIP AS ELE2 MENT OF STATE PLAN.—In order to be eligible to receive

3 a grant from its allotment under this title, a State shall

4 propose to and negotiate with the Assistant Secretary a

5 performance partnership agreement in accordance with

6 the provisions of this section and section 202A, and shall

7 include such agreement as part of the State plan under

8 section 307.

9 ‘‘(c) ADVISORY COUNCIL.—The responsibilities of the

10 advisory council established by the State pursuant to sec11 tion 305A(c) State shall include—

12 ‘‘(1) reviewing and commenting on the State’s

13 proposed performance partnership agreements under

14 this title (and such comments shall be included with

15 the State plan submission under section 307); and

16 ‘‘(2) evaluating and reporting on the State’s

17 performance under the final agreement negotiated

18 with the Assistant Secretary under this title.’’.

19 (c) STATE PLAN REQUIREMENT.—Section 307(a) is

20 amended in the first sentence by striking ‘‘which meets

21 such criteria’’ and inserting ‘‘which includes the perform22 ance partnership agreements under this title and title VII

23 negotiated with the Assistant Secretary under sections

24 202A, 305A, and 704A, and meets such other criteria’’.
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1 SEC. 104. AREA PLANS: REORGANIZATION, STREAMLINING,

2 AND INCORPORATION OF PERFORMANCE

3 PARTNERSHIPS.

4 (a) AREA PLAN REQUIREMENTS.—Section 306(a) is

5 amended—

6 (1) in the matter preceding paragraph (1), by

7 striking ‘‘Each such plan shall—’’ and inserting

8 ‘‘Each such plan shall comply with the following re9 quirements:’’;

10 (2) in paragraph (1), to read as follows:

11 ‘‘(1) SERVICES PROVIDED.—The plan shall pro12 vide for the furnishing, through a comprehensive

13 and coordinated system, of services the need for

14 which has been determined pursuant to paragraph

15 (3), and which are designed to meet the performance

16 objectives specified under paragraph (4), including—

17 ‘‘(A) supportive services (including at least

18 the service specified in paragraph (2);

19 ‘‘(B) nutrition services; and

20 ‘‘(C) where appropriate, the establishment,

21 maintenance, or construction of multipurpose

22 senior centers.’’;

23 (3) in paragraph (2)—

24 (A) by inserting ‘‘PRIORITY SERVICES.—

25 The plan shall’’ after ‘‘(2)’’;
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1 (B) by striking ‘‘section 307(a)(22)’’ and

2 inserting ‘‘section 307(a)(2)’’;

3 (C) by striking ‘‘and specify annually in

4 such plan, as submitted or as amended’’ and in5 serting ‘‘and assurances that the area agency

6 will report annually to the State agency’’; and

7 (D) by striking the semicolon at the end

8 and inserting a period;

9 (4) by striking paragraphs (3) (designation of

10 focal points for service delivery in each community)

11 and (4) (information and assistance services);

12 (5) by inserting after paragraph (2) the follow13 ing new paragraphs:

14 ‘‘(3) DETERMINATION OF NEEDS.—The plan

15 shall provide for determining the extent of need for

16 the services specified in paragraphs (1) and (2) in

17 the area taking into consideration, among other

18 things—

19 ‘‘(A) the numbers of older individuals re20 siding in such area—

21 ‘‘(i) who have low incomes,

22 ‘‘(ii) who have greatest economic need

23 (with particular attention to individuals

24 who are members of historically disadvan25 taged groups),
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1 ‘‘(iii) who have greatest social need

2 (with particular attention to individuals

3 who are members of historically disadvan4 taged groups), or

5 ‘‘(iv) who are Indians; and

6 ‘‘(B) the effectiveness of use of resources

7 (including efforts of volunteers and voluntary

8 organizations) in meeting such need.

9 ‘‘(4) PERFORMANCE PARTNERSHIP OBJEC10 TIVES.—The plan shall identify area objectives, for

11 purposes of the performance partnership required

12 under sections 305A and 704A, on the basis of the

13 determinations under paragraph (3) (and including

14 objectives required under paragraph (5)), and shall

15 be amended as necessary to incorporate, as appro16 priate, the objectives specified in the agreements ne17 gotiated by the State agency under such sections

18 305A and 704A.’’;

19 (6) in paragraph (5)—

20 (A) by inserting ‘‘OBJECTIVES FOR SERV21 ICES TO OLDER INDIVIDUALS WITH GREATEST

22 NEED.—The plan shall’’ after ‘‘(5)’’; and

23 (B) by striking the semicolon at the end

24 and inserting a period;

25 (7) in paragraph (6)—
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1 (A) by inserting ‘‘POLICY DEVELOP2 MENT.—The plan shall—’’ after ‘‘(6)’’;

3 (B) by striking subparagraphs (A) (evalua4 tions and public hearings) and (B) (technical

5 assistance to providers);

6 (C) by relocating and redesignating sub7 paragraph (D) as subparagraph (A);

8 (D) by relocating and redesignating sub9 paragraph (F) as subparagraph (B);

10 (E) by striking the semicolon at the end of

11 subparagraph (C) and inserting a period; and

12 (F) by striking subparagraphs (E) (ar13 rangements with specified organizations), (G)

14 (methods for determining priority services), (H)

15 (coordination among programs), (J) (identifica16 tion of protective services providers), (L) (co17 ordination of services for Alzheimer’s patients),

18 (M) (coordination of mental health services),

19 (O) (information on higher education), (Q) (co20 ordination with housing providers), (R) (tele21 phone listings of area agencies), and (S) (co22 ordination of transportation services);

23 (8) by striking paragraphs (7) through (10)

24 (assurances that funds will be spent for the purposes

25 awarded);
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1 (9) by striking subparagraphs (I) and (K) of

2 paragraph (6) (community-based long-term care

3 services) and inserting after paragraph (6) the fol4 lowing new paragraph:

5 ‘‘(7) COMMUNITY-BASED LONG-TERM CARE

6 SERVICES.—The plan shall provide that the area

7 agency will facilitate the coordination of community8 based, long-term care services designed to enable

9 older individuals to remain in their homes, by means

10 including—

11 ‘‘(A) development of case management

12 services as a component of the long-term care

13 services, consistent with the requirements of

14 paragraph (8);

15 ‘‘(B) involvement of long-term care provid16 ers in the coordination of such services; and

17 ‘‘(C) increasing community awareness of

18 and involvement in addressing the needs of resi19 dents of long-term care facilities.’’;

20 (10) by relocating and redesignating paragraph

21 (20) as paragraph (8), and amending such para22 graph by inserting ‘‘PROVISION OF CASE MANAGE23 MENT SERVICES.—The plan shall’’ after ‘‘(8)’’;

24 (11) by redesignating paragraph (11) as para25 graph (9), and amending such paragraph—
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1 (A) by inserting ‘‘MAINTENANCE OF EF2 FORT FOR OMBUDSMAN PROGRAM.—The plan

3 shall’’ after ‘‘(9)’’;

4 (B) by striking ‘‘section 307(a)(12)’’ and

5 inserting ‘‘section 307(a)(9)’’; and

6 (C) by striking the semicolon at the end

7 and inserting a period;

8 (12) by redesignating and relocating paragraph

9 (6)(P) as paragraph (10), and amending such para10 graph—

11 (A) by inserting ‘‘GRIEVANCE PROCE12 DURE.—The plan shall’’ after ‘‘(10)’’; and

13 (B) by striking the semicolon and inserting

14 a period;

15 (13) by striking paragraphs (6)(N), (18), and

16 (19), and inserting after paragraph (10) the follow17 ing paragraph:

18 ‘‘(11) SERVICES TO NATIVE AMERICANS.—The

19 plan shall provide the following assurances concern20 ing services to older Native Americans:

21 ‘‘(A) If there is a significant population of

22 older individuals who are Indians in the area,

23 the area agency will pursue activities, including

24 outreach, to increase access of such individuals

25 to programs and benefits under this title.
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1 ‘‘(B) The area agency will, to the maxi2 mum extent practicable, coordinate the services

3 it provides under this title with services pro4 vided under title VI.’’;

5 (14) by striking paragraph (12) (area option

6 concerning volunteer services coordinator);

7 (15) by striking paragraphs (13) through (16)

8 (description of and assurances concerning activities

9 of area agency); and

10 (16) by redesignating paragraph (17) as para11 graph (12) and amending such paragraph—

12 (A) by inserting ‘‘SPECIAL MENUS IN NU13 TRITION PROGRAMS.—’’ after ‘‘(12)’’;

14 (B) by striking ‘‘section 307(a)(13)(G)’’

15 and inserting ‘‘section 307(a)(10)(D)’’; and

16 (C) by striking the semicolon and inserting

17 a period.

18 (b) STATE WAIVERS.—Section 306(b) is amended—

19 (1) by striking paragraph (2) (procedural re20 quirements for State agency waivers to area agen21 cies); and

22 (2) by striking ‘‘(1)’’ after ‘‘(b)’’.
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1 SEC. 105. STATE PLANS: REORGANIZATION, STREAMLINING,

2 AND INCORPORATION OF PERFORMANCE

3 PARTNERSHIPS.

4 (a) STATE PLAN REQUIREMENTS.—Section 307(a) is

5 amended—

6 (1) by striking paragraphs (1) and (2) and in7 serting the following:

8 ‘‘(1) AREA PLANS AND PERFORMANCE PART9 NERSHIPS.—The plan shall—

10 ‘‘(A) require each area agency designated

11 under section 305(a)(2)(A) to—

12 ‘‘(i) develop and submit to the State

13 agency for approval, in accordance with a

14 uniform format developed by the State

15 agency, an area plan meeting the require16 ments of section 306 which specifies area

17 objectives for purposes of performance

18 partnerships under sections 305A and

19 704A, as required by section 306(a)(4);

20 and

21 ‘‘(ii) amend such area plan as nec22 essary to incorporate, as appropriate, ob23 jectives specified in the performance part24 nership agreements negotiated by the State

25 agency under such sections 305A and

26 704A;
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1 ‘‘(B) be based on such area plans; and

2 ‘‘(C) include the performance partnership

3 agreements negotiated by the State agency with

4 the Assistant Secretary under such sections

5 305A and 704A.’’;

6 (2) by striking paragraphs (3)(A) (evaluation of

7 need for services), (9) (information and assistance

8 services), and (22) (funding shares for priority serv9 ices), and amending paragraph (2) to read as fol10 lows:

11 ‘‘(2) DETERMINATION OF SERVICE NEEDS.—

12 The plan shall provide that the State agency will—

13 ‘‘(A) evaluate, using uniform procedures

14 under section 202(a)(29) the need for support15 ive services (including legal assistance, informa16 tion and assistance, and transportation serv17 ices), nutrition services, and multipurpose sen18 ior centers within the State;

19 ‘‘(B) determine the extent to which exist20 ing public or private programs and resources

21 (including volunteers and programs and services

22 of voluntary organizations) meet such need; and

23 ‘‘(C) specify a minimum percentage of the

24 funds received by each area agency for part B

25 to be expended (unless waived by the State
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1 agency under section 306(b)) by such area

2 agency to provide each of the categories of serv3 ices specified in section 306(a)(2).’’;

4 (3) by striking paragraphs (3)(B) (maintaining

5 rural funding), (29) and (37) (rural services and

6 costs thereof), and (33) (intrastate funding for7 mula), and adding after paragraph (2) the following

8 new paragraph:

9 ‘‘(3) INTRASTATE FUNDING REQUIREMENTS.—

10 The plan shall—

11 ‘‘(A) shall include (and may not be ap12 proved unless the Assistant Secretary approves)

13 the statement and demonstration required by

14 paragraphs (2) and (4) of section 305 (d) (con15 cerning intra-State distribution of funds); and

16 ‘‘(B) with respect to services to older indi17 viduals residing in rural areas—

18 ‘‘(i) provide assurances that the State

19 agency will spend for each fiscal year,

20 under this title and titles V and VII, not

21 less than 105 percent of the amount so ex22 pended for fiscal year 1978;

23 ‘‘(ii) identify, for each fiscal year

24 under the plan, the projected costs of pro-
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1 viding such services (including the cost of

2 providing access to such services); and

3 ‘‘(iii) describe the methods used to

4 meet the needs for such services in the fis5 cal year preceding the first year to which

6 such plan applies.’’;

7 (4) by striking paragraph (4) (methods of ad8 ministration, personnel standards);

9 (5) by striking paragraph (8) (evaluations and

10 hearings) and inserting after paragraph (3) the fol11 lowing paragraph:

12 ‘‘(4) EVALUATIONS.—The plan shall provide

13 that the State agency will conduct periodic evalua14 tions of, and public hearings on, activities and

15 projects carried out under the State plan.’’;

16 (6) by striking paragraph (43) (grievance pro17 cedures) and amending paragraph (5) (hearing for

18 area agencies and providers) to read as follows:

19 ‘‘(5) HEARINGS FOR AREA AGENCIES AND PRO20 VIDERS; GRIEVANCE PROCEDURES.—The plan shall

21 provide that the State agency will—

22 ‘‘(A) afford an opportunity for a hearing

23 upon request, in accordance with published pro24 cedures, to any area agency submitting a plan
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1 under this title, or to any provider of (or appli2 cant to provide) services under such a plan; and

3 ‘‘(B) issue guidelines applicable to griev4 ance procedures required by section

5 306(a)(10).’’;

6 (7) in paragraph (6), by inserting ‘‘RE7 PORTS.—’’ after ‘‘(6)’’;

8 (8) in paragraph (7)—

9 (A) by inserting ‘‘FISCAL CONTROLS.—’’

10 after ‘‘(7)’’; and

11 (B) by striking subparagraph (C);

12 (9) by redesignating paragraph (10) as para13 graph (8) and amending such paragraph by insert14 ing ‘‘RESTRICTION ON DIRECT PROVISION OF SERV15 ICES.—’’ after ‘‘(8)’’;

16 (10) by striking paragraph (11) (hiring pref17 erence for older individuals and individuals trained

18 in field of aging);

19 (11)(A) by redesignating paragraph (12) as

20 paragraph (9), and amending such paragraph—

21 (i) by inserting ‘‘LONG-TERM CARE OM22 BUDSMAN PROGRAM.—’’ after ‘‘(9)’’; and

23 (ii) by adding before the period ‘‘, and will

24 expend for such purpose not less than the total
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1 amount so expended by the State agency in fis2 cal year 1991’’; and

3 (B) by striking paragraph (21);

4 (12) by redesignating paragraph (13) as para5 graph (10), and amending such paragraph—

6 (A) by inserting ‘‘NUTRITION SERV7 ICES.—’’ after ‘‘(10)’’;

8 (B) by striking subparagraphs (B) (pri9 mary consideration to congregate meals), (D)

10 (accessibility of congregate meal site), (E) (out11 reach), (H) (grandfathered providers of home12 delivered meals), and (M) (nonfinancial eligi13 bility criteria); and

14 (C)(i) by inserting ‘‘and’’ at the end of

15 subparagraph (K);

16 (ii) by striking ‘‘; and’’ at the end of sub17 paragraph (L) and inserting a period; and

18 (iii) by redesignating subparagraph (C)

19 and the remaining subparagraphs as subpara20 graphs (B) through (H);

21 (13) by striking paragraph (14) (restrictions on

22 use of funds under the Act for acquisition, alter23 ation, or construction of facilities);

24 (14) by redesignating paragraph (15) as para25 graph (11), and amending such paragraph—
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1 (A) by inserting ‘‘LEGAL ASSISTANCE.—’’

2 after ‘‘(11)’’; and

3 (B)(i) by striking ‘‘and’’ at the end of sub4 paragraph (D); and

5 (ii) by striking the period at the end of

6 subparagraph (E) and inserting ‘‘; and’’; and

7 (C)(i) by amending paragraph (18) by

8 striking all that precedes ‘‘assign personnel’’

9 and inserting ‘‘the State will’’; and

10 (ii) by relocating and redesignating such

11 paragraph (18) as paragraph (11)(F);

12 (15) by redesignating paragraph (16) as para13 graph (12), and amending such paragraph by insert14 ing ‘‘PREVENTION OF ABUSE.—’’ after ‘‘(12)’’;

15 (16) by striking paragraph (17) (in-service per16 sonnel training);

17 (17) by striking paragraph (19) (guarantees

18 that area agencies may give grants or contracts to

19 providers of education and training services);

20 (18) by redesignating paragraph (20) as para21 graph (13), and amending such paragraph by insert22 ing ‘‘OLDER INDIVIDUALS OF LIMITED ENGLISH23 SPEAKING ABILITY.—’’;

24 (19) by redesignating paragraph (23) as para25 graph (14), and amending such paragraph by insert-
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1 ing ‘‘SPECIAL NEEDS POPULATIONS.—’’ after

2 ‘‘(14)’’;

3 (20) by redesignating paragraph (24) as para4 graph (15), and amending such paragraph by insert5 ing ‘‘OUTREACH.—’’ after ‘‘(15)’’;

6 (21) by redesignating paragraph (25) as para7 graph (16), and amending such paragraph by insert8 ing ‘‘OLDER INDIVIDUALS WITH SEVERE DISABIL9 ITIES.—’’ after ‘‘(16)’’;

10 (22) by redesignating paragraph (26) as para11 graph (17), and amending such paragraph—

12 (A) by inserting ‘‘COMMUNITY-BASED

13 LONG-TERM CARE SERVICES.—’’ after ‘‘(17)’’;

14 and

15 (B) by striking ‘‘section 306(a)(6)(I)’’ and

16 inserting ‘‘section 306(a)(6)(D)’’;

17 (23) by relocating and redesignating paragraph

18 (44) as paragraph (17)(B);

19 (24) by striking paragraph (27) (assurances

20 concerning part D in-home services program);

21 (25) by striking paragraph (28) (assurances

22 concerning part E special needs program);

23 (26) by redesignating paragraph (30) as para24 graph (18), and amending such paragraph by insert25 ing ‘‘TITLE VII PROGRAM.—’’ after ‘‘(18)’’;
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1 (27) by striking paragraph (31) (State volun2 teer services coordinator);

3 (28) by redesignating paragraph (32) as para4 graph (19), and amending such paragraph by insert5 ing ‘‘TECHNICAL ASSISTANCE TO PROVIDERS.—’’

6 after ‘‘(19)’’;

7 (29)(A) by redesignating paragraph (34) as

8 paragraph (20), and amending such paragraph by

9 inserting ‘‘OLDER NATIVE AMERICANS.—(A)’’ after

10 ‘‘(20)’’; and

11 (B) by redesignating subparagraphs (A) and

12 (B) of paragraph (35) as clauses (i) and (ii), and re13 designating and relocating such paragraph (35) as

14 subparagraph (B) of paragraph (20);

15 (30) by redesignating paragraph (36) as para16 graph (21), and amending such paragraph by insert17 ing ‘‘CASE MANAGEMENT PROVIDERS.—’’ after

18 ‘‘(21)’’;

19 (31) by striking paragraphs (38) and (39) (as20 surances concerning use of funds);

21 (32) by striking paragraph (40) (assurances

22 concerning part G program for in-home caretakers);

23 (33) by striking paragraph (41) (efforts to co24 ordinate services and provide multigenerational ac25 tivities); and
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1 (34) by striking paragraph (42) (coordination

2 of transportation services).

3 SEC. 106. EFFECTIVE DATE.

4 The amendments made by this title shall become ef5 fective with respect to a State on the effective date of the

6 first State plan under section 307 of the Older Americans

7 Act of 1965 that takes effect one year or later after the

8 enactment of this Act.

9 TITLE II—OTHER AMENDMENTS

10 TO THE OLDER AMERICANS

11 ACT OF 1965

12 PART A—ADMINISTRATION ON AGING

13 SEC. 201. NATIONAL ELDERCARE LOCATOR SERVICE.

14 Section 202(a)(24) is amended to read as follows:

15 ‘‘(24) develop and operate, either directly or

16 through contracts, grants, or cooperative agree17 ments, a National Eldercare Locator Service, provid18 ing nationwide toll-free information and assistance

19 services to identify community resources for older in20 dividuals;’’.

21 SEC. 202. AUTHORIZATIONS OF APPROPRIATIONS.

22 (a) FEDERAL COUNCIL ON THE AGING.—Section

23 204(g) is amended by striking all that follows ‘‘to carry

24 out this section’’ and inserting ‘‘$226,000 for fiscal year
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1 1996 and such sums as necessary for each of fiscal years

2 1997 and 1998.’’.

3 (b) ADMINISTRATION ON AGING.—Section 215 is

4 amended to read as follows:

5 ‘‘SEC. 215. There are authorized to be appropriated,

6 for carrying out the responsibilities of the Administration

7 on Aging under this title—

8 ‘‘(1) for fiscal year 1996, $18,149,000, plus

9 such additional sums as may be necessary to carry

10 out responsibilities with respect to programs under

11 section 311 and title V transferred to the Adminis12 tration on Aging by the Older Americans Act

13 Amendments of 1995, and

14 ‘‘(2) such sums as may be necessary for each

15 of fiscal years 1997 and 1998,

16 of which up to $1,000,000 for each such fiscal year shall

17 be available for operation of the National Eldercare Loca18 tor Service under section 202(a)(24).’’.

19 PART B—STATE AND COMMUNITY PROGRAMS ON

20 AGING

21 SEC. 211. CLARIFICATION CONCERNING SERVICES TO

22 NONELDERLY.

23 Section 301 is amended by adding at the end the fol24 lowing new subsection:

25 ‘‘(d) SCOPE OF SERVICES; USE OF FUNDS.—
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1 ‘‘(1) RESTRICTED USE OF RESOURCES UNDER

2 ACT.—Federal funds paid to States under this title,

3 and cash and in-kind contributions required by sec4 tion 304(e) (as redesignated by section 102 of this

5 Act) as the non-Federal share of expenditures under

6 this title, shall be used only for activities and serv7 ices to benefit older individuals and other individuals

8 as specifically provided in this title.

9 ‘‘(2) RESTRICTION INAPPLICABLE TO OTHER

10 RESOURCES.—Neither paragraph (1) nor any other

11 provision of this title shall be construed to prohibit

12 State or area agencies on aging from engaging in ac13 tivities or providing services to benefit individuals

14 not described in paragraph (1) using cash or in-kind

15 resources from sources not described in paragraph

16 (1).’’.

17 SEC. 212. COORDINATION OF SERVICES FOR INDIVIDUALS

18 WITH DISABILITIES UNDER AREA PLANS.

19 Section 306(a) (as amended by section 104 of this

20 Act) is further amended by inserting after paragraph (3)

21 the following new paragraph:

22 ‘‘(4) provide assurances that the area agency on

23 aging will coordinate planning, identification, assess24 ment of needs, and service for older individuals with

25 disabilities, with particular attention to individuals
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1 with severe disabilities, with agencies that develop or

2 provide services for individuals with disabilities.’’.

3 SEC. 213. ELIGIBILITY OF OLDER INDIANS FOR SERVICES

4 UNDER AREA PLANS.

5 (a) UNDER AREA PLANS.—Section 306(a)(18) is

6 amended by inserting before the semicolon ‘‘, including as7 surances that, notwithstanding any provision of this Act

8 restricting eligibility for services to individuals aged 60 or

9 older, it will make services under the area plan available,

10 to the same extent as such services are available to older

11 individuals within the service area, to older Indians eligible

12 for services under an approved plan under title VI’’.

13 (b) UNDER GRANTS FOR NATIVE AMERICANS.—Sec14 tions 602, 611, 613, and 614 are each amended by strik15 ing ‘‘individuals who are’’ each place it appears.

16 SEC. 214. STATE OPTION FOR COST SHARING.

17 (a) STATE PLAN REQUIREMENT.—Section 307(a) (as

18 amended by section 105 of this Act) is further amended

19 by adding at the end the following new paragraph:

20 ‘‘(31) If the State elects to require cost sharing

21 by recipients of services under the State plan (or to

22 require or permit area agencies on aging to require

23 cost sharing by recipients of services under area

24 plans), the plan shall—
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1 ‘‘(A) provide that no cost sharing shall be

2 required for—

3 ‘‘(i) information and assistance, out4 reach, or case management services;

5 ‘‘(ii) ombudsman or other protective

6 services; or

7 ‘‘(iii) congregate or home-delivered

8 nutrition services; and

9 ‘‘(B)(i) exempt from cost-sharing require10 ments individuals with incomes below a low-in11 come threshold set by the State, and

12 ‘‘(ii) set cost-sharing rates for individuals

13 with incomes above such threshold on a sliding14 fee scale based on income.’’.

15 (b) AREA PLAN REQUIREMENT.—Section 306(a) (as

16 amended by section 104 of this Act) is further amended—

17 (1) by striking the period at the end of para18 graph (11) and inserting a semicolon; and

19 (2) by adding at the end the following new

20 paragraph:

21 ‘‘(12) provide assurances that any requirements

22 for cost-sharing by recipients of services under the

23 plan will be consistent with the provisions of the

24 State plan under section 307(a)(31)’’.
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1 SEC. 215. STATE OPTION CONCERNING CONSUMER-DI2 RECTED SERVICES.

3 Section 307(a) (as amended by sections 105 and 214

4 of this Act) is further amended by adding at the end the

5 following new paragraph:

6 ‘‘(32) The plan shall specify—

7 ‘‘(A) whether (and if so, with respect to

8 which supportive or nutrition services) the State

9 elects to permit area agencies on aging—

10 ‘‘(i) to provide services to older indi11 viduals through direct contracts with the

12 individuals delivering such services; or

13 ‘‘(ii) to provide vouchers or cash to

14 older individuals to permit such older indi15 viduals to contract with individuals or enti16 ties for the delivery of such services (and,

17 if so, any requirements for the setting of

18 payment rates or amounts);

19 ‘‘(B) the qualifications and other require20 ments that must be met by individuals and enti21 ties providing services under such arrange22 ments; and

23 ‘‘(C) whether (and, if so, the conditions

24 under which) services may be provided to an

25 older individual by a family member under such

26 an arrangement.’’.
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1 SEC. 216. TRANSFER OF FUNDS BETWEEN PROGRAMS.

2 (a) STREAMLINING OF GENERAL RULES.—Section

3 308(b) is amended—

4 (1) in paragraph (4)—

5 (A) by striking ‘‘(A)’’ after ‘‘(4)’’; and

6 (B) by striking subparagraph (B) (Assist7 ant Secretary’s discretion to permit State to

8 transfer additional amounts between congregate

9 and home-delivered meal programs); and

10 (2) in paragraph (5) (authority to transfer

11 funds between nutrition and services programs), to

12 read as follows:

13 ‘‘(5) Of the funds received by a State for a fis14 cal year from funds appropriated under subsections

15 (a)(1), and (b)(1) and (2), of section 303, the State

16 may elect to transfer not more than 20 percent be17 tween programs under part B and part C, for use

18 as the State considers appropriate.’’.

19 (b) WAIVER AUTHORITY.—For the Assistant Sec20 retary’s authority to waive limitations on amounts trans21 ferable between programs, see section 219 of this Act,

22 adding a new section 314.

23 SEC. 217. AVAILABILITY OF DISASTER RELIEF FUNDS TO

24 TRIBAL ORGANIZATIONS.

25 Section 310 is amended—

26 (1) in subsection (a)(1)—
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1 (A) by inserting ‘‘(or to any tribal organi2 zation receiving a grant under title VI)’’ after

3 ‘‘any State’’; and

4 (B) by inserting ‘‘(or used by such tribal

5 organization)’’ before ‘‘for the delivery of sup6 portive services’’;

7 (2) in subsection (a)(2), by inserting ‘‘and trib8 al organizations’’ after ‘‘States’’; and

9 (3) in subsection (a)(3), by inserting ‘‘or tribal

10 organization’’ after ‘‘State’’ each place it appears;

11 and

12 (4) in subsections (b)(1) and (c,) by inserting

13 ‘‘and tribal organizations’’ after ‘‘States’’.

14 SEC. 218. NUTRITION SERVICES INCENTIVE PROGRAM.

15 (a) ESTABLISHMENT OF PROGRAM.—Section 311, in16 cluding the heading thereof, is amended to read as follows:

17 ‘‘NUTRITION SERVICES INCENTIVE PROGRAM

18 ‘‘SEC. 311. (a) PURPOSE.—The purpose of the pro19 gram under this section is to provide incentives to encour20 age and reward effective performance by States and tribal

21 organizations in the efficient delivery of nutritious meals

22 to older Americans.

23 ‘‘(b) PAYMENTS TO TRIBAL ORGANIZATIONS.—

24 ‘‘(1) FUNDING.—The Assistant Secretary shall

25 reserve 3 percent of the total amount appropriated

26 for a fiscal year under subsection (d) for payment to
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1 tribal organizations in accordance with paragraph

2 (2).

3 ‘‘(2) ALLOTMENT AND PAYMENT.—The Assist4 ant Secretary shall allot and pay, to each tribal or5 ganization with a plan approved under title VI for

6 a fiscal year, an amount bearing the same ratio to

7 the total amount reserved under paragraph (1) as

8 the number of meals served by such tribal organiza9 tion, under such plan approved for the preceding fis10 cal year, bears to the total number of meals served

11 by all tribal organizations under all such plans ap12 proved for such preceding fiscal year.

13 ‘‘(c) PAYMENTS TO STATES.—

14 ‘‘(1) FUNDING.—The Assistant Secretary shall

15 allot among the States for each fiscal year, in ac16 cordance with paragraph (2), the balance of

17 amounts appropriated under subsection (d) remain18 ing after application of subsection (b).

19 ‘‘(2) ALLOTMENT AND PAYMENT.—The Assist20 ant Secretary shall allot and pay, to each State

21 agency with a plan approved under this title for a

22 fiscal year, an amount bearing the same ratio to the

23 total amount reserved under paragraph (1) as the

24 number of meals served in the State, under such

25 plan approved for the preceding fiscal year, bears to
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1 the total number of meals served in all States under

2 all such plans approved for such preceding fiscal

3 year.

4 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—For

5 carrying out the purposes of this section, there are author6 ized to be appropriated $151,250,000 for fiscal year 1996

7 and such sums as may be necessary for each of fiscal years

8 1997 and 1998.’’.

9 (b) ELIMINATION OF MAINTENANCE OF EFFORT.—

10 Section 339A is repealed.

11 SEC. 219. WAIVERS OF CERTAIN REQUIREMENTS FOR

12 STATE PROGRAMS.

13 (a) GENERAL WAIVER AUTHORITY.—Part A of title

14 III is amended by adding at the end the following new

15 section:

16 ‘‘WAIVERS

17 ‘‘SEC. 315. (a) IN GENERAL.—The Assistant Sec18 retary may waive any of the provisions enumerated in sub19 section (b) with respect to a State, upon application by

20 the State agency containing or accompanied by docu21 mentation sufficient to establish, to the satisfaction of the

22 Assistant Secretary, that—

23 ‘‘(1) approval of the State legislature has been

24 obtained or is not required;
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1 ‘‘(2) the State agency has consulted with area

2 agencies on aging with respect to the proposal for

3 which waiver is sought;

4 ‘‘(3) such proposal has been made available for

5 public review and comment within the State (and a

6 summary of comments received shall be included

7 with the application); and

8 ‘‘(4) the State agency has given adequate con9 sideration to the probable positive and negative con10 sequences of approval of the waiver application, and

11 the probable benefits for older individuals can rea12 sonably be expected to outweigh any negative con13 sequences, or particular circumstances in the State

14 otherwise justify the waiver.

15 ‘‘(b) REQUIREMENTS SUBJECT TO WAIVER.—The

16 provisions of this title that may be waived under this sec17 tion are—

18 ‘‘(1) any provisions of sections 305, 306, and

19 307 requiring statewide uniformity of programs

20 under this title, to the extent necessary to permit

21 demonstrations, in limited areas of a State, of inno22 vative approaches to assist older individuals;

23 ‘‘(2) any area plan requirement under section

24 306(a);
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1 ‘‘(3) any State plan requirement under section

2 307(a);

3 ‘‘(4) any restriction, under section 308(b)(4) or

4 (5), on the amount that may be transferred between

5 programs under part B and part C, or between pro6 grams under subpart 1 and subpart 2 of part C; and

7 ‘‘(5) all or any part of the reduction in allot8 ment required under section 309(c) with respect to

9 a State which reduces expenditures under its State

10 plan (but only to the extent that the non-Federal

11 share of expenditures is not reduced below any mini12 mum specified in section 304(d) or any other provi13 sion of this title.’’.

14 (b) CONFORMING AMENDMENT.—Section 307(b) is

15 amended—

16 (1) by striking paragraph (2) (waiver of main17 tenance of effort for rural areas); and

18 (2) by striking ‘‘(1)’’ after ‘‘(b)’’.

19 SEC. 220. CONSOLIDATION OF AUTHORITIES FOR SUP20 PORTIVE SERVICES AND SENIOR CENTERS.

21 (a) COMMUNITY-BASED CARE AND SERVICES.—Sec22 tion 321(a)(5) is amended by striking ‘‘including’’ and all

23 that follows and inserting ‘‘including—
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1 ‘‘(A) client assessment, case management,

2 and development and coordination of commu3 nity services;

4 ‘‘(B) in-home services for frail older indi5 viduals (including supportive services for vic6 tims of Alzheimer’s disease and related dis7 orders with neurological and organic brain dys8 function, and for the families of such individ9 uals);

10 ‘‘(C) supportive activities to meet the spe11 cial needs of caregivers, including caretakers

12 who provide in-home services to frail older indi13 viduals; and

14 ‘‘(D) in-home and other community serv15 ices, including home health, homemaker, shop16 ping, escort, reader, and letter writing services,

17 to assist older individuals to live independently

18 in a home environment;’’.

19 (b) DISEASE PREVENTION AND HEALTH PRO20 MOTION.—Section 321(a)(8) is amended by inserting ‘‘dis21 ease prevention and health promotion services and infor22 mation, including’’ after ‘‘(8)’’.

23 (c) GENERAL AUTHORITY.—Section 321(a)(22) is

24 amended by inserting ‘‘necessary for the general welfare

25 of older individuals’’ after ‘‘any other services’’.
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1 (d) RELOCATION OF DEFINITIONS.—

2 (1) Section 342 (definition of ‘‘in-home serv3 ices’’) is relocated and redesignated as paragraph

4 (46) of section 102, and is amended by striking

5 ‘‘For purposes of this part, the term’’ and inserting

6 ‘‘The term’’.

7 (2) Section 363 (definition of ‘‘disease preven8 tion and health promotion services’’) is relocated and

9 redesignated as paragraph (47) of section 102, and

10 is amended by striking ‘‘For purposes of this part,

11 the term’’ and inserting ‘‘The term’’.

12 (e) REPEAL OF SUPERSEDED AUTHORITIES.—

13 (1) SUBSTANTIVE AUTHORITY.—Part D (In14 Home Services for Frail Older Individuals), part E

15 (Additional Assistance for Special Needs of Older

16 Individuals), part F (Disease Prevention and Health

17 Promotion Services), and part G (Supportive Activi18 ties for Caretakers Who Provide In-Home Services

19 to Frail Older Individuals) are repealed.

20 (2) AUTHORIZATION OF APPROPRIATIONS.—

21 (A) REPEALS; REDESIGNATION.—Section

22 303 is amended by striking subsections (d), (e),

23 (f), and (g), and by redesignating subsection

24 (h) as subsection (d).
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1 (B) CONFORMING AMENDMENT.—Sections

2 202(a)(24) and 304(b)(2) are each amended by

3 striking ‘‘303(h)’’ and inserting ‘‘303(d)’’.

4 SEC. 221. CONSOLIDATION OF AUTHORITIES FOR NUTRI5 TION SERVICES.

6 (a) SCHOOL-BASED MEALS AS CONGREGATE NUTRI7 TION SERVICES.—

8 (1) Section 331 is amended by inserting ‘‘(a) IN

9 GENERAL.—’’ after ‘‘331.’’.

10 (2) Section 338(a) is relocated and redesignated

11 as subsection (b) of section 331, and is amended, in

12 the matter preceding paragraph (1), by striking all

13 that precedes ‘‘projects’’ and inserting instead the

14 following:

15 ‘‘(b) SCHOOL-BASED MEALS AND

16 MULTIGENERATIONAL PROGRAMS.—The State may in17 clude, in programs under this section,’’.

18 (b) REPEAL OF SUPERSEDED AUTHORITY.—

19 (1) SUBSTANTIVE AUTHORITY.—Part C of title

20 III is amended by striking subpart 3 and redesignat21 ing subpart 4 as subpart 3.

22 (2) AUTHORIZATION OF APPROPRIATIONS.—

23 Section 303(b)(3) is repealed.
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1 SEC. 222. AUTHORIZATION OF APPROPRIATIONS.

2 (a) SUPPORTIVE SERVICES AND SENIOR CENTERS.—

3 Section 303(a)(1) is amended by striking all that precedes

4 ‘‘for the purpose’’ and inserting ‘‘There are authorized to

5 be appropriated $306,711,000 for fiscal year 1996 and

6 such sums as may be necessary for each of fiscal years

7 1997 and 1998,’’.

8 (b) CONGREGATE NUTRITION SERVICES.—Section

9 303(b)(1) is amended by striking all that precedes ‘‘for

10 the purpose’’ and inserting ‘‘There are authorized to be

11 appropriated $375,809,000 for fiscal year 1996 and such

12 sums as may be necessary for each of fiscal years 1997

13 and 1998,’’.

14 (c) HOME-DELIVERED NUTRITION SERVICES.—Sec15 tion 303(b)(2) is amended by striking all that precedes

16 ‘‘for the purpose’’ and inserting ‘‘There are authorized to

17 be appropriated $94,065,000 for fiscal year 1996 and

18 such sums as may be necessary for each of fiscal years

19 1997 and 1998,’’.

20 PART C—RESEARCH, DEVELOPMENT, AND

21 DEMONSTRATIONS

22 SEC. 231. REVISION OF TITLE IV.

23 Title IV is amended by striking all that follows the

24 heading of the title and inserting the following:
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1 ‘‘STATEMENT OF PURPOSE

2 ‘‘SEC. 401. (a) It is the purpose of this title to expand

3 the Nation’s knowledge and understanding of aging and

4 the aging process; to design, test, and promote utilization

5 of innovative ideas and best practices in programs and

6 services for older individuals; to help meet the needs for

7 trained personnel in the field of aging; and to increase

8 the awareness of citizens of all ages of the need to assume

9 personal responsibility for their own aging through—

10 ‘‘(1) education and training to develop an ade11 quately trained workforce to work with and on be12 half of older individuals;

13 ‘‘(2) research and policy analysis to improve ac14 cess to and delivery of services;

15 ‘‘(3) development of methods and practices to

16 improve quality and effectiveness of services;

17 ‘‘(4) demonstration of new approaches to de18 sign, delivery and coordination of programs and

19 services;

20 ‘‘(5) technical assistance on planning, develop21 ment, implementation, evaluation, and improvement

22 of programs and services under this Act; and

23 ‘‘(6) dissemination of information on aging is24 sues, their impact on individuals and society, and

25 programs and services benefiting older individuals.
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1 ‘‘(b) ACTIVITIES GIVEN SPECIAL ATTENTION.—The

2 activities supported under this title are intended to fulfill

3 the objectives for older Americans specified in section 101,

4 with special attention to the service and advocacy goals

5 expressed in section 301(a)(1) (A), (B), (C) and (D) and

6 section 601, and to the special population groups identi7 fied as vulnerable and at risk throughout the Act.

8 ‘‘PART A—EDUCATION AND TRAINING

9 ‘‘PURPOSE

10 ‘‘SEC. 410. The purpose of this part is to improve

11 the quality of service and to help meet critical shortages

12 of adequately trained personnel for programs in the field

13 of aging by activities including—

14 ‘‘(1) identifying workforce training and develop15 ment needs in the field of aging;

16 ‘‘(2) developing a broad range of educational

17 and training programs and activities for profes18 sionals, paraprofessionals, administrators, techni19 cians and service workers;

20 ‘‘(3) encouraging recruitment, training and

21 placement of minority trainees in key positions with22 in agencies and organizations of the aging network;

23 ‘‘(4) improving academic gerontology training

24 and education programs to make them more respon25 sive to changing requirements;
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1 ‘‘(5) increasing the capacity of aging planning

2 and service organizations to improve the perform3 ance of their staff and other providers through

4 training and other developmental activities; and

5 ‘‘(6) improving the knowledge and skills of

6 teachers, instructors, trainers, guidance counselors

7 and other personnel development staff in aging con8 cepts and workforce opportunities and practices.

9 ‘‘GRANTS AND CONTRACTS

10 ‘‘SEC. 411. (a) IN GENERAL.—The Assistant Sec11 retary may make grants to any public or nonprofit private

12 agency, organization or institution, and may enter into

13 contracts with any agency, organization, institution, or in14 dividual, for activities to achieve the purposes of this part,

15 including—

16 ‘‘(1) development and improvement of multi17 disciplinary education and training programs (in18 cluding expansion and improvement of curricula, in19 structional methods and materials, faculty and

20 teacher development, and program administration)

21 in academic institutions and other educational orga22 nizations which prepare individuals for employment

23 in programs and occupations serving older individ24 uals;

25 ‘‘(2) development and improvement of continu26 ing education and in-service training opportunities
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1 for individuals already working in the field of aging,

2 including the personnel of State offices, area agen3 cies on aging, senior centers, and nutrition, counsel4 ing, ombudsman, adult protective services, and legal

5 assistance programs; and

6 ‘‘(3) development of curriculum and guidance

7 materials for students in secondary and vocational

8 schools to encourage them to pursue employment

9 and careers in the field of aging.

10 ‘‘(b) PROJECTS GIVEN SPECIAL CONSIDERATION.—

11 To achieve the purposes of this title, the Assistant Sec12 retary shall give special consideration to the support of

13 projects that—

14 ‘‘(1) improve opportunities for career training

15 activities to ensure an adequate and competent

16 workforce in aging;

17 ‘‘(2) increase the capacity of State and area

18 agency and nonprofit service organizations to pro19 vide short-term in-service training to staff and vol20 unteers;

21 ‘‘(3) develop leadership knowledge and skills of

22 managers and administrators of organizations and

23 agencies which plan, advocate, and provide services

24 to older individuals, through workshops, seminars,

25 and training institutes;
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1 ‘‘(4) provide in-service training opportunities

2 for program directors and providers of services to

3 older Indians under title VI through grants to tribal

4 and other nonprofit Indian aging organizations; and

5 ‘‘(5) improve the training and preparation of

6 the workforce (including professionals, paraprofes7 sionals and volunteers) providing home and commu8 nity services for older individuals with physical and

9 cognitive disabilities and mental health disorders.

10 ‘‘PART B—RESEARCH, DEVELOPMENT, AND

11 DEMONSTRATIONS

12 ‘‘PURPOSE

13 ‘‘SEC. 420. The purpose of this part is to improve

14 the quality and efficiency of programs serving older indi15 viduals through research and development projects, and

16 demonstration projects, designed to—

17 ‘‘(1) conduct research and policy analysis to—

18 ‘‘(A) develop and synthesize knowledge

19 about aging programs, practices and policies

20 from multidisciplinary perspectives; and

21 ‘‘(B) assess the effectiveness of services

22 and practices designed to improve access to and

23 delivery of service programs; and

24 ‘‘(2) develop, test, and evaluate innovative plan25 ning, advocacy, and service practices and programs.
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1 ‘‘RESEARCH AND DEVELOPMENT PROJECTS

2 ‘‘SEC. 421. (a) IN GENERAL.—The Assistant Sec3 retary may make grants to any public or nonprofit private

4 agency, organization, or institution, and may enter into

5 contracts with any agency, organization, institution, or in6 dividual for research or policy analysis related to the pur7 poses of this part, including development of practices, as8 sessment instruments, and applications involving—

9 ‘‘(1) use of technology for planning and delivery

10 of services; and

11 ‘‘(2) use of interactive communication systems

12 and assistive devices to maintain or increase the

13 independence of older individuals.

14 ‘‘(b) CONSULTATION AND COLLABORATION WITH

15 OTHER FEDERAL AGENCIES.—The Assistant Secretary

16 may consult with, and may enter into formal agreements

17 with, other Federal agencies supporting aging research

18 and development activities, including agreements involving

19 interagency transfer of funds to support collaborative re20 search activities consistent with the conditions specified in

21 section 451(b).

22 ‘‘DEMONSTRATION PROJECTS

23 ‘‘SEC. 422. (a) IN GENERAL.—The Assistant Sec24 retary may make grants to any public agency or nonprofit

25 private organization or enter into contracts with any agen26 cy or organization to design, test and demonstrate new
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1 approaches to planning and delivery of supportive services,

2 nutrition services and other activities to maintain or in3 crease the independence and improve the quality of life

4 of older individuals.

5 ‘‘(b) PROJECTS GIVEN PRIORITY CONSIDERATION.—

6 The Assistant Secretary shall give priority consideration

7 to funding the following projects under this section:

8 ‘‘(1) COMMUNITY SERVICES FOR FUNCTION9 ALLY IMPAIRED INDIVIDUALS.—Planning, develop10 ment, and implementation of new approaches to de11 livery of home and community-based supportive serv12 ices for older individuals with disabilities limiting

13 their ability to perform activities of daily living, in14 cluding projects involving coordination and integra15 tion of such services with those for nonelderly indi16 viduals with similar disabilities, including approaches

17 that—

18 ‘‘(A) promote individual choice in the selec19 tion of services;

20 ‘‘(B) eliminate access barriers for popu21 lations with greatest need;

22 ‘‘(C) reduce or eliminate duplication and

23 fragmentation of services;

24 ‘‘(D) strengthen the quality, efficiency, and

25 cost-effectiveness of nonprofit service providers;
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1 ‘‘(E) improve the quality and effectiveness

2 of personnel of public and private entities in3 volved in service delivery; and

4 ‘‘(F) develop cooperative relationships with

5 private entities to increase the effective use of

6 available public and private resources.

7 ‘‘(2) PREVENTION OF CRIME, VIOLENCE, AND

8 ABUSE.—Planning, development, implementation,

9 and evaluation of comprehensive community, State,

10 and tribal models designed to prevent crime, violence

11 and abuse against the elderly which include—

12 ‘‘(A) public education on prevention for

13 older individuals;

14 ‘‘(B) supportive services for older individ15 uals who have been victimized;

16 ‘‘(C) improvements in information and

17 data reporting systems;

18 ‘‘(D) coordination of public and private

19 sector services and resources; and

20 ‘‘(E) in-service and cross-service training

21 of personnel in criminal justice, health, mental

22 health, law enforcement, social and protective

23 services, and aging and advocacy service sys24 tems.
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1 ‘‘(c) ADDITIONAL PROJECTS.—The Assistant Sec2 retary may support under this section any project de3 signed to achieve the purposes of this part, including the

4 following:

5 ‘‘(1) COMPREHENSIVE COMMUNITY SERVICES

6 TO INDIVIDUALS AT RISK OF LOSING INDEPEND7 ENCE.—Projects to assist older individuals at risk of

8 losing their independence without assistance in ac9 complishing activities of daily living, including those

10 disabled by Alzheimer’s Disease and related dis11 orders, physical disability, mental illness or emo12 tional stress, and developmental disabilities, through

13 comprehensive State and community model pro14 grams for such supportive services to such individ15 uals, their families and caregivers, including—

16 ‘‘(A) in-home health care;

17 ‘‘(B) social and medical adult day care;

18 ‘‘(C) homemaker aides and personal care

19 attendants;

20 ‘‘(D) transportation to and from commu21 nity health, mental health and social service fa22 cilities;

23 ‘‘(E) respite care, caregiver education,

24 training, and counseling and other supportive

25 services for primary caregivers of persons with
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1 Alzheimer’s Disease, physical and developmen2 tal disabilities, or other serious functional im3 pairments; and

4 ‘‘(F) information and referral, outreach,

5 counseling and other services to increase access

6 to appropriate medical, nutritional, and sup7 portive services.

8 ‘‘(2) HOUSING SERVICES.—Projects addressing

9 the special housing needs of older individuals by ac10 tivities including—

11 ‘‘(A) developing programs to enable or as12 sist older homeowners—

13 ‘‘(i) to maintain their residences

14 through repairs or renovations, and

15 ‘‘(ii) to increase their physical safety

16 through structural modifications or alter17 ations and installation of security devices;

18 ‘‘(B) studying and demonstrating methods

19 of adapting existing housing, or construction of

20 new housing, to meet the needs of older individ21 uals with functional impairments;

22 ‘‘(C) coordinating counseling services with

23 those available to residents of Federal and

24 State assisted housing facilities with high con25 centrations of older residents; and
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1 ‘‘(D) developing information, counseling

2 and referral programs for older renters and

3 homeowners on housing options, including eligi4 bility requirements; application processes; fi5 nancing; and legal rights and responsibilities of

6 tenancy and restricted ownership, including

7 foreclosure and eviction.

8 ‘‘(3) EDUCATION AND TRAINING.—Projects to

9 provide education and training to older individuals

10 designed to enable them to lead more productive

11 lives through development and demonstration of—

12 ‘‘(A) older adult literacy programs, includ13 ing use of peer tutoring;

14 ‘‘(B) pre-retirement counseling and edu15 cation programs; and

16 ‘‘(C) older adult occupational training and

17 employment placement and counseling activities

18 not currently supported under title V or pro19 grams administered by the Department of

20 Labor.

21 ‘‘(4) TRANSPORTATION SERVICES.—Projects to

22 improve and develop transportation systems which—

23 ‘‘(A) increase access of older individuals,

24 especially low-income individuals and those liv-
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1 ing in rural areas, to community services essen2 tial to independent living;

3 ‘‘(B) provide low-cost commuter transpor4 tation for in-home personal care aides serving

5 functionally impaired older individuals in under6 served public transit areas; and

7 ‘‘(C) provide assisted transportation serv8 ices for frail and disabled older individuals.

9 ‘‘(5) VOLUNTEER OPPORTUNITIES.—Projects

10 developed in conjunction with the Corporation for

11 National and Community Service to develop—

12 ‘‘(A) innovative opportunities for older vol13 unteers to fulfill community needs which are

14 not being met by existing programs (including

15 volunteer programs), including opportunities to

16 provide—

17 ‘‘(i) multigenerational services ad18 dressing the needs of youth and children;

19 and

20 ‘‘(i) peer support and home and com21 munity services to other older individuals

22 with functional impairments or otherwise

23 at risk of losing their ability to live inde24 pendently; and
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1 ‘‘(B) innovative multigenerational volun2 teer programs affording opportunities for chil3 dren, youth, and adults to serve unmet needs of

4 functionally impaired older individuals regard5 less of their living situation.

6 ‘‘(6) HEALTH-RELATED SERVICES.—Projects to

7 demonstrate effective home and community rehabili8 tative, health and mental health promotion, and dis9 ease prevention activities for older individuals at risk

10 of losing their ability to live independently.

11 ‘‘(7) CONSUMER PROTECTION.—Projects to de12 velop innovative approaches to consumer protection

13 for older individuals in home and community set14 tings, addressing consumer rights and protections

15 relating to auto, health, life, and other insurance

16 policies; mortgages, leases, and similar property and

17 housing rights; and personal loans and other finan18 cial transactions.

19 ‘‘PART C—CENTERS

20 ‘‘PURPOSE

21 ‘‘SEC. 431. The purpose of this part is to improve

22 the quality of services available to older individuals

23 through multi-function, multi-disciplinary centers and

24 other cross-cutting activities as resources for planners, ad-
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1 ministrators, policy-makers and providers in the field of

2 aging.

3 ‘‘FUNCTIONS OF GRANTEES AND CONTRACTORS;

4 ADVISORY BOARDS

5 ‘‘SEC. 432. (a) FUNCTIONS.—Grantees and contrac6 tors under this part shall, as appropriate, perform the fol7 lowing functions:

8 ‘‘(1) evaluate, analyze, and report on program

9 policies and practices to assess their effectiveness in

10 meeting the needs and improving the quality of life

11 of older individuals and their families and

12 caregivers;

13 ‘‘(2) compile, select, and make available re14 search, evaluation and demonstration findings which

15 provide useful guidance in determining the needs of

16 older individuals and improving practices in the field

17 of aging;

18 ‘‘(3) develop strategies and models to improve

19 the quality, efficiency, and effectiveness of service

20 programs and activities;

21 ‘‘(4) develop technical assistance and training

22 materials and participate in workshops, conferences

23 and events which promote transfer of useful infor24 mation and practices;
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1 ‘‘(5) sponsor activities which enhance the edu2 cation and training of a competent workforce in the

3 field of aging;

4 ‘‘(6) assist other grantees conducting dem5 onstration or pilot projects under the Act by provid6 ing documentation, assessment, and other assistance

7 in the planning and implementation of such pilot

8 projects; and

9 ‘‘(7) conduct information dissemination activi10 ties in coordination with such activities of the Na11 tional Aging Information Center.

12 ‘‘(b) ADVISORY BOARDS.—Each center supported by

13 a grant under this part shall establish an advisory board

14 which—

15 ‘‘(1) shall provide policy guidance with respect

16 to the planning and conduct of activities under such

17 grant; and

18 ‘‘(2) whose members shall include representa19 tives of—

20 ‘‘(A) State and area agencies on aging;

21 ‘‘(B) appropriate national, State, and local

22 service organizations; and

23 ‘‘(C) other groups as appropriate.

24 ‘‘GRANTS AND CONTRACTS

25 ‘‘SEC. 433. (a) NATIONAL CENTERS PROVIDING SUP26 PORT TO ADMINISTRATORS OF GRANT PROGRAMS.—
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1 ‘‘(1) IN GENERAL.—The Assistant Secretary

2 may make grants to or enter into contracts with any

3 public or nonprofit private entities, for the purpose

4 of operating national centers serving primarily as in5 formational resources to State and area agencies ad6 ministering programs under titles III and VII, tribal

7 organizations and other organizations administering

8 programs under title VI, and providers of services

9 under such programs.

10 ‘‘(2) FUNCTIONS OF CENTERS.—Centers funded

11 under this subsection shall focus on selected subject12 matter areas (including all policy and program is13 sues, such as development, delivery, financing, and

14 coordination of services, concerning such subject15 matter area) relating to programs under titles III,

16 VI, and VII, and may include centers such as those

17 focusing on the following program areas:

18 ‘‘(A) Comprehensive home and community19 based services, including long-term care serv20 ices, intended to enable functionally impaired

21 elderly to remain in their homes and commu22 nities.

23 ‘‘(B) Nutrition services, including con24 gregate and home-delivered meals, dietary

25 standards, and related matters.
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1 ‘‘(C) Information and referral services.

2 ‘‘(D) Older Native Americans, including

3 individuals living in tribal and in nontribal

4 areas.

5 ‘‘(E) Legal assistance.

6 ‘‘(3) NATIONAL OMBUDSMAN AND ELDER

7 ABUSE CENTERS.—Funds available under this sub8 section may be used, to the extent the Assistant Sec9 retary finds necessary, to support the activities of

10 the National Ombudsman Resource Center under

11 section 202(a)(21) and the activities of the National

12 Center on Elder Abuse under section 202(d).

13 ‘‘(b) NATIONAL EDUCATION AND TRAINING CEN14 TERS.—

15 ‘‘(1) IN GENERAL.—The Assistant Secretary

16 may make grants to or enter into contracts with any

17 public or nonprofit private entities, for the purpose

18 of operating national centers to encourage leadership

19 and improve education, training, and employment

20 practices for the workforce needed to plan, admin21 ister and provide services under this Act, and to pro22 mote policy discussion and development to prepare

23 the Nation for the increased and changing demands

24 of its aging population.
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1 ‘‘(2) FUNCTIONS OF CENTERS.—Centers funded

2 under this subsection may include—

3 ‘‘(A) multidisciplinary academic centers of

4 gerontology to conduct applied research, edu5 cation, training, technical assistance and dis6 semination activities with special attention to

7 human resource and development issues affect8 ing special population groups; and

9 ‘‘(B) a national leadership institute on

10 aging to develop and conduct training activities

11 for executive managers and senior officials of

12 government and nonprofit agencies, voluntary

13 groups, professional associations, and other or14 ganizations responsible for planning, financing,

15 and providing programs and services for older

16 individuals.

17 ‘‘(c) CROSS-CUTTING POLICY CENTERS.—

18 ‘‘(1) IN GENERAL.—In addition to the grants

19 and contracts authorized under subsections (a) and

20 (b), the Assistant Secretary may make grants to or

21 enter into contracts with any public or nonprofit pri22 vate entities, for research, policy analysis, technical

23 assistance, information dissemination or training ac24 tivities, as appropriate on any area or areas of broad

25 national interest (including social, economic, health,
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1 mental health, and environmental issues) affecting

2 older individuals.

3 ‘‘(2) ISSUES ADDRESSED.—Issues that may be

4 addressed under a grant under this subsection in5 clude—

6 ‘‘(A) broad societal issues addressed in sec7 tion 101, including transportation, housing, em8 ployment, income security, public safety, health,

9 and mental health; and

10 ‘‘(B) concerns of special population groups

11 among older individuals, including low income,

12 older women, rural elderly, minorities, and dis13 abled populations.

14 ‘‘PART D—INFORMATION DISSEMINATION AND RELATED

15 ACTIVITIES

16 ‘‘PURPOSE

17 ‘‘SEC. 441. (a) IN GENERAL.—The purpose of this

18 part is to improve the quality, efficiency, availability, and

19 accessibility of services for older individuals through sup20 port of information dissemination and utilization activities

21 which—

22 ‘‘(1) collect, preserve, and disseminate, publish,

23 or otherwise make available relevant materials con24 cerning matters such as research and demonstration
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1 findings, and training and technical assistance mate2 rials;

3 ‘‘(2) synthesize, publish, and disseminate infor4 mation concerning completed projects under this

5 title which are of demonstrated value, including—

6 ‘‘(A) technical assistance and training in

7 the implementation and adaptation of project

8 methods; and

9 ‘‘(B) the development of additional mate10 rials which increase the awareness and accept11 ance of such project results;

12 ‘‘(3) locate, publicize, and make available prac13 tical self-help information for older individuals and

14 their families and encourage development of appro15 priate public education activities;

16 ‘‘(4) support conferences, forums, and other

17 meetings designed to identify, disseminate and pro18 mote utilization of research findings, policy prac19 tices, and best practices; and

20 ‘‘(5) provide technical assistance to grantees

21 under this title and other recipients of support

22 under this Act on the design, development and pro23 motion of products and information materials.

24 ‘‘(b) COORDINATION WITH OTHER INFORMATION

25 SOURCES.—Activities supported under this part will be co-
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1 ordinated with the information dissemination activities of

2 Centers authorized under part C and other Federal infor3 mation clearinghouses and document repositories.

4 ‘‘GRANTS AND CONTRACTS

5 ‘‘SEC. 442. (a) IN GENERAL.—The Assistant Sec6 retary may make grants to any public agency or nonprofit

7 private organization or enter into contracts with any agen8 cy or organization for activities to carry out the purposes

9 of this part, including the following:

10 ‘‘(1) activities of the National Aging Informa11 tion Center established under section 202(e).

12 ‘‘(2) sponsorship and co-sponsorship with other

13 Federal agencies and other public and private orga14 nizations of national and regional conferences and

15 other meetings which disseminate discretionary

16 project findings and information related to issues

17 and concerns affecting the well-being of older indi18 viduals; and

19 ‘‘(3) A National Academy on Aging to serve as

20 a forum for policy analysis and debate on current

21 and emerging issues and for informing policy offi22 cials and the public about such issues.

23 ‘‘PART E—GENERAL PROVISIONS

24 ‘‘AUTHORIZATION OF APPROPRIATIONS

25 ‘‘SEC. 451. (a) AUTHORIZATION.—There are author26 ized to be appropriated to carry out the provisions of this
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1 title $44,384,000 for fiscal year 1996, and such sums as

2 necessary for each of fiscal years 1997 and 1998.

3 ‘‘(b) RESTRICTIONS.—No funds appropriated under

4 this title—

5 ‘‘(1) may be transferred to any office or other

6 authority of the Federal Government which is not

7 directly responsible to the Assistant Secretary, un8 less those funds are used for purposes authorized

9 under this title in accordance with conditions speci10 fied by formal inter-agency agreements with other

11 Federal agencies;

12 ‘‘(2) may be used for any program or activity

13 which is not specifically authorized by this title (ex14 cept as specifically authorized by this Act); or

15 ‘‘(3) may be combined with funds appropriated

16 under any other Act if the purpose of combining

17 funds is to make a single discretionary grant or a

18 single discretionary payment, unless such funds ap19 propriated under this title are separately identified

20 in such grant or payment and are used for the pur21 poses of this title.

22 ‘‘PAYMENTS OF GRANTS

23 ‘‘SEC. 452. (a) CONTRIBUTIONS BY GRANTEES AND

24 CONTRACTORS.—To the extent the Assistant Secretary

25 deems appropriate, the Assistant Secretary shall require

26 the recipient of any project grant or contract under this
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1 title to contribute money, facilities, or services for carrying

2 out the project for which such grant or contract is made.

3 ‘‘(b) METHOD OF PAYMENT.—Payments under this

4 title pursuant to a grant or contract may be made (after

5 necessary adjustment, in the case of grants, on account

6 of previously made overpayments or underpayments) in

7 advance or by way of reimbursement, and in such install8 ments and on such conditions, as the Assistant Secretary

9 may determine.

10 ‘‘ADMINISTRATION

11 ‘‘SEC. 453. (a) ADMINISTRATION ON AGING.—In

12 order to carry out the provisions of this title effectively,

13 the Assistant Secretary shall administer this title through

14 the Administration on Aging.

15 ‘‘(b) ASSISTANCE FROM OTHER AGENCIES.—In car16 rying out the provisions of this title, the Assistant Sec17 retary may request the technical assistance and coopera18 tion of other agencies and departments of the Federal

19 Government as may be appropriate.

20 ‘‘(c) OUTREACH TO APPLICANTS.—The Assistant

21 Secretary shall ensure that applications from agencies, or22 ganizations, and institutions representing minorities, are

23 encouraged in the writing of grant proposal solicitations

24 and contract requests for proposals.

25 ‘‘(d) CONSULTATION.—The Assistant Secretary shall,

26 in developing priorities, consistent with the requirements
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1 of this title, for awarding grants under this title, consult

2 with State agencies on aging, area agencies on aging, re3 cipients of grants under title VI, institutions of higher

4 education, organizations representing beneficiaries of serv5 ices under this Act, and other organizations and individ6 uals with expertise in aging issues.

7 ‘‘(e) EVALUATIONS AND REPORTS.—The Assistant

8 Secretary shall ensure that grants and contracts awarded

9 under this title—

10 ‘‘(1) conduct evaluation and prepare reports in11 dicating their benefit to older individuals, and to

12 programs under this Act; and

13 ‘‘(2) comply with the requirements under this

14 Act.

15 ‘‘(f) REPORT TO CONGRESS.—The Assistant Sec16 retary shall submit, to the Speaker of the House of Rep17 resentatives and the President pro tempore of the Senate,

18 a report for each fiscal year that describes activities for

19 which funds were provided under this title including—

20 ‘‘(1) an abstract describing the purpose and ac21 tivities of each grant or contract awarded or contin22 ued;

23 ‘‘(2) the name and address of the organiza24 tional recipient;
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1 ‘‘(3) the name and affiliation of the project di2 rector;

3 ‘‘(4) the period of project performance; and

4 ‘‘(5) the amount of Federal funds awarded in

5 the fiscal year on which the report is made.

6 ‘‘(g) EXTERNAL REVIEW.—The Assistant Secretary

7 shall establish by regulation and implement an external

8 review process to evaluate applications for discretionary

9 grant awards under this title.’’.

10 PART D—COMMUNITY SERVICE EMPLOYMENT

11 FOR OLDER AMERICANS

12 SEC. 241. TRANSFER OF AUTHORITY.

13 (a) IN GENERAL.—Section 502(a) is amended by

14 striking ‘‘Secretary of Labor (hereinafter in this title re15 ferred to as the ‘Secretary’)’’ and inserting ‘‘Assistant

16 Secretary’’.

17 (b) TRANSFER OF CONTRACTS, GRANTS, ETC.—

18 (1) IN GENERAL.—There are transferred from

19 the Department of Labor to the Department of

20 Health and Human Services any contracts, grants,

21 records, and unexpended balances of appropriations,

22 authorizations, allocations, and other funds em23 ployed, held, or used in connection with or arising

24 from the administration of the program under title

25 V of the Older Americans Act of 1965.
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1 (2) INTERAGENCY ARRANGEMENTS.—The Sec2 retaries of Labor and Health and Human Services

3 shall enter into and implement such arrangements

4 as they find reasonable and necessary for the orderly

5 transfer of such program in accordance with this

6 section.

7 (3) CONTINUATION OF REGULATIONS, GRANTS,

8 CONTRACTS, ETC.—All rules, regulations, adminis9 trative directives, grants, contracts, and other deter10 minations and agreements in effect under such title

11 V on the effective date of this section shall remain

12 in effect until modified, terminated, suspended, set

13 aside, or repealed by the Secretary of Health and

14 Human Services or the Assistant Secretary. Ref15 erences to the Secretary of Labor in such determina16 tions and agreements shall be considered references

17 to the Secretary of Health and Human Services or

18 the Assistant Secretary for Aging, as appropriate.

19 (4) CONTINUATION OF AUDITS.—Audits relat20 ing to such title V pending on the effective date of

21 this section shall be unaffected by the enactment of

22 this section.

23 (5) CONTINUATION OF SUITS.—Judicial pro24 ceedings and proceedings before administrative law

25 judges under or with respect to such title V pending
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1 on the effective date of this section shall be unaf2 fected by the enactment of this section, except that

3 the Secretary of Health and Human Services and

4 the Assistant Secretary for Aging shall be sub5 stituted for the Secretary of Labor as parties to

6 such proceedings.

7 (c) CONFORMING AMENDMENTS.—

8 (1) Section 502(b)(1)(P) is amended by striking

9 ‘‘Department of Labor’’ and inserting ‘‘Department

10 of Health and Human Services’’.

11 (2) Section 502(c)(1) is amended by striking

12 ‘‘Health and Human Services’’ and inserting

13 ‘‘Labor’’.

14 (3) Section 503(a)(1) is amended by striking

15 ‘‘the Secretary shall, through the Assistant Sec16 retary for Aging,’’ and inserting ‘‘the Assistant Sec17 retary shall’’.

18 (4) Section 503(a)(2) is amended by striking

19 ‘‘The Secretary of Labor and the Assistant Sec20 retary for Aging’’ and inserting ‘‘The Assistant Sec21 retary’’.

22 (5) Section 503(b)(1) is amended—

23 (A) in the first sentence, by striking ‘‘The

24 Secretary’’ and inserting ‘‘The Assistant Sec25 retary and the Secretary of Labor’’; and
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1 (B) in the second sentence—

2 (i) by striking ‘‘The Secretary’’ and

3 inserting ‘‘The Assistant Secretary’’, and

4 (ii) by striking ‘‘by the Assistant Sec5 retary for Aging,’’.

6 (6) Section 505(a) is amended—

7 (A) by striking ‘‘The Secretary’’ and in8 serting ‘‘The Assistant Secretary’’; and

9 (B) by striking ‘‘the Assistant Secretary

10 for Aging’’ and inserting ‘‘the Secretary of

11 Labor’’.

12 (7) Section 505(b) is amended by striking ‘‘Sec13 retary of Health and Human Services’’ and inserting

14 ‘‘Secretary of Labor’’.

15 (8) Title V is further amended throughout by

16 striking ‘‘Secretary’’ each place it appears (except

17 where preceded by ‘‘Assistant’’ or followed by ‘‘of’’)

18 and inserting ‘‘Assistant Secretary’’.

19 SEC. 242. PHASED REDUCTION OF FEDERAL SHARE.

20 Section 502(c) is amended—

21 (1) in paragraph (1), by striking ‘‘90 percent’’

22 and inserting ‘‘the Federal share, as specified in

23 paragraph (2),’’;

24 (2) by redesignating paragraphs (2) and (3) as

25 paragraphs (3) and (4); and
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1 (3) by adding after paragraph (1) the following

2 new paragraph:

3 ‘‘(2) the Federal share, for purposes of this

4 subsection, shall be—

5 ‘‘(A) 90 percent for fiscal year 1996,

6 ‘‘(B) 89 percent for fiscal year 1997,

7 ‘‘(C) 87.5 percent for fiscal year 1998,

8 ‘‘(D) 86.5 percent for fiscal year 1999,

9 and

10 ‘‘(E) 84 percent for fiscal year 2000 and

11 each succeeding fiscal year.’’.

12 SEC. 243. AUTHORIZATION OF APPROPRIATIONS.

13 Section 508(a) is amended to read as follows:

14 ‘‘(a) There are authorized to be appropriated to carry

15 out this title such sums as may be necessary for each of

16 fiscal years 1996, 1997, and 1998.’’.

17 PART E—GRANTS FOR NATIVE AMERICANS

18 SEC. 251. AUTHORIZATION OF APPROPRIATIONS.

19 Section 633(a) is amended by striking all that pre20 cedes ‘‘to carry out this title’’ and inserting ‘‘There are

21 authorized to be appropriated $18,402,000 for fiscal year

22 1996, and such sums as may be necessary for each of fis23 cal years 1997 and 1998’’.
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1 PART F—VULNERABLE ELDER RIGHTS

2 PROTECTION

3 SEC. 261. ASSISTANCE PROGRAM FOR INSURANCE AND

4 PUBLIC BENEFITS.

5 (a) CLARIFICATION OF IMPLEMENTATION OP6 TIONS.—Section 741(d) is amended by adding at the end

7 the following new sentence: ‘‘If the State elects to award

8 funds under this section to area agencies on aging or other

9 local entities, it shall give priority to local areas which

10 have high concentrations of older individuals with greatest

11 economic or social need, and in which outreach activities,

12 application assistance, and benefits counseling are inad13 equate.’’.

14 (b) REPEAL OF INCONSISTENT PROVISION.—Section

15 705(a) is amended—

16 (1) by adding ‘‘and’’ at the end of paragraph

17 (6);

18 (2) by striking paragraph (7); and

19 (3) by redesignating paragraph (8) as para20 graph (7).

21 SEC. 262. AUTHORIZATION OF APPROPRIATIONS.

22 (a) OMBUDSMAN PROGRAM.—Section 702(a) is

23 amended by striking all that follows ‘‘chapter 2,’’ and in24 serting ‘‘$4,449,000 for fiscal year 1996, and such sums

25 as may be necessary for each of fiscal years 1997 and

26 1998.’’.
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1 (b) PREVENTION OF ELDER ABUSE, NEGLECT, AND

2 EXPLOITATION.—Section 702(b) is amended by striking

3 all that follows ‘‘chapter 3,’’ and inserting ‘‘$6,232,000

4 for fiscal year 1996, and such sums as may be necessary

5 for each of fiscal years 1997 and 1998.’’.

6 (c) STATE ELDER RIGHTS AND LEGAL ASSISTANCE

7 DEVELOPMENT PROGRAM.—Section 702(c) is amended by

8 striking all that follows ‘‘chapter 4,’’ and inserting ‘‘such

9 sums as may be necessary for each of fiscal years 1996,

10 1997, and 1998.’’.

11 (d) OUTREACH, COUNSELING, AND ASSISTANCE PRO12 GRAM.—Section 702(d) is amended by striking all that fol13 lows ‘‘chapter 5,’’ and inserting ‘‘$1,976,000 for fiscal

14 year 1996, and such sums as may be necessary for each

15 of fiscal years 1997 and 1998.’’.

16 (e) NATIVE AMERICAN PROGRAMS.—Section 751(d)

17 is amended by striking all that follows ‘‘this section,’’ and

18 inserting ‘‘such sums as may be necessary for each of fis19 cal years 1996, 1997, and 1998.’’.

20 PART G—TECHNICAL AMENDMENTS

21 SEC. 271. DEFINITIONS.

22 (a) RELOCATION, REORDERING, AND REDESIGNA23 TION OF DEFINITIONS.—
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1 (1)(A) Paragraphs (1) and (2) of section 302

2 are relocated and redesignated as paragraphs (48)

3 and (49) of section 102.

4 (B) Paragraph (3) of section 302 is repealed.

5 (2)(A) Section 102(5) is amended by inserting

6 ‘‘(A)’’ after ‘‘(5)’’.

7 (B) Section 102(6) is amended—

8 (i) by striking ‘‘(A)’’ and ‘‘(B)’’ and insert9 ing ‘‘(i)’’ and ‘‘(ii)’’; and

10 (ii) by striking ‘‘(6)’’ and inserting ‘‘(B)’’.

11 (C) Section 102(7) is amended by striking

12 ‘‘(7)’’ and inserting ‘‘(C)’’.

13 (3)(A) Section 102(8) is amended—

14 (i) by striking the subparagraph designa15 tions ‘‘(A)’’ through ‘‘(H)’’ and inserting clause

16 designations ‘‘(i)’’ through ‘‘(viii)’’; and

17 (ii) by inserting ‘‘(A)’’ after ‘‘(8)’’.

18 (B) Section 102(9) is amended—

19 (i) by striking the subparagraph designa20 tions ‘‘(A)’’ and ‘‘(B)’’ and inserting the clause

21 designations ‘‘(i)’’ and ‘‘(ii)’’; and

22 (ii) by striking ‘‘(9)’’ and inserting ‘‘(B)’’.

23 (4) The paragraphs of section 102 are reor24 dered in alphabetical order by term defined, and re25 numbered accordingly.
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1 PART H—EFFECTIVE DATE

2 SEC. 281. EFFECTIVE DATE.

3 Except as otherwise specifically provided, the amend4 ments made by this title shall become effective October

5 1, 1995.

6 TITLE III—WHITE HOUSE

7 CONFERENCE ON AGING

8 SEC. 301. WHITE HOUSE CONFERENCE AUTHORIZED.

9 (a) AUTHORITY TO CALL CONFERENCE.—Not later

10 than December 31, 2005, the President shall convene the

11 White House Conference on Aging in order to develop rec12 ommendations for additional research and action in the

13 field of aging which will further the policy set forth in sub14 section (b).

15 (b) PLANNING AND DIRECTION.—The Conference

16 shall be planned and conducted under the direction of the

17 Secretary in cooperation with the Assistant Secretary for

18 Aging and the heads of such other Federal departments

19 and agencies as are appropriate. Such assistance may in20 clude the assignment of personnel.

21 (c) PURPOSE OF THE CONFERENCE.—The purpose

22 of the Conference shall be—

23 (1) to increase the public awareness of the

24 interdependence of generations and the essential

25 contributions of older individuals to society for the

26 well-being of all generations:
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1 (2) to identify the problems facing older individ2 uals and the commonalities of the problems with

3 problems of younger generations;

4 (3) to examine the well-being of older individ5 uals, including the impact the well-being of older in6 dividuals has on our aging society;

7 (4) to develop such specific and comprehensive

8 recommendations for executive and legislative action

9 as may be appropriate for maintaining and improv10 ing the well-being of the aging;

11 (5) to develop recommendations for the coordi12 nation of Federal policy with state and local needs

13 and the implementation of such recommendations;

14 and

15 (6) to review the status and multigenerational

16 value of recommendations adopted at previous White

17 House Conferences on Aging.

18 (d) CONFERENCE PARTICIPANTS AND DELE19 GATES.—

20 (1) PARTICIPANTS.—In order to carry out the

21 purposes of this section, the Conference shall bring

22 together—

23 (A) representatives of Federal, State, and

24 local governments,
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1 (B) professional and lay people who are

2 working in the field of aging, and

3 (C) representatives of the general public,

4 particularly older individuals.

5 (2) SELECTION OF DELEGATES.—The delegates

6 shall be selected without regard to political affili7 ation or past partisan activity and shall, to the best

8 of the appointing authority’s ability, be representa9 tive of the spectrum of thought in the field of aging.

10 Delegates shall include individuals who are profes11 sionals, individuals who are nonprofessional, minor12 ity individuals, and individuals from low-income fam13 ilies. A majority of delegates shall be aged 55 or

14 older.

15 SEC 302. CONFERENCE ADMINISTRATION.

16 (a) ADMINISTRATION.—In administering this section,

17 the Secretary shall—

18 (1) provide written notice to all members of the

19 Policy Committee of each meeting, hearing, or work20 ing session of the Policy Committee not later than

21 48 hours before the occurrence of such meeting,

22 hearing, or working session,

23 (2) request the cooperation and assistance of

24 the heads of such other Federal departments and
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1 agencies as may be appropriate in the carrying out

2 of this section,

3 (3) furnish all reasonable assistance, including

4 financial assistance, to State agencies on aging and

5 to area agencies on aging, and to other appropriate

6 organizations (including organizations representing

7 older Indians), to enable them to organize and con8 duct conferences and other activities in conjunction

9 with the Conference (including activities in advance

10 of the Conference, as part of the process of planning

11 for the Conference, and activities subsequent to the

12 Conference in connection with dissemination, discus13 sion, and implementation of recommendations of the

14 Conference);

15 (4) make available for public comment a pro16 posed agenda, prepared by the Policy Committee, for

17 the Conference which will reflect to the greatest ex18 tent possible the major issues facing older individ19 uals consistent with the provisions of subsection (a),

20 (5) prepare and make available background ma21 terials for the use of delegates to the Conference

22 which the Secretary deems necessary, and

23 (6) engage such additional personnel as may be

24 necessary to carry out the provisions of this section

25 without regard to provisions of title 5, United States
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1 Code, governing appointments in the competitive

2 service, and without regard to chapter 51 and sub3 chapter III of chapter 53 of such title relating to

4 classification and General Schedule pay rates.

5 (b) DUTIES.—The Secretary shall, in carrying out

6 the Secretary’s responsibilities and functions under this

7 section, and as part of the White House Conference on

8 Aging, ensure that—

9 (1) the conferences under subsection (a)(3)

10 shall—

11 (A) include a conference on older Indians

12 to identify conditions that adversely affect older

13 Indians, to propose solutions to ameliorate such

14 conditions, and to provide for the exchange of

15 information relating to the delivery of services

16 to older Indians, and

17 (B) be so conducted as to ensure broad

18 participation of older individuals,

19 (2) the agenda prepared under subsection

20 (a)(4) for the Conference is published in the Federal

21 Register not later than 30 days after such agenda

22 is approved by the Policy Committee, and the Sec23 retary may republish such agenda together with the

24 recommendations of the Secretary regarding such

25 agenda,
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1 (3) the personnel engaged under subsection

2 (a)(5) shall be fairly balanced in terms of points of

3 views represented and shall be appointed without re4 gard to political affiliation or previous partisan ac5 tivities,

6 (4) the recommendations of the Conference are

7 not inappropriately influenced by any appointing au8 thority or by any special interest, but will instead be

9 the result of the independent judgement of the Con10 ference, and

11 (5) current and adequate statistical data, in12 cluding decennial census data, and other information

13 on the well-being of older individuals in the United

14 States are readily available, in advance of the Con15 ference, to the delegates of the Conference, together

16 with such information as may be necessary to evalu17 ate Federal programs and policies relating to

18 aging. In carrying out this paragraph, the Secretary

19 is authorized to make grants to, and enter into coop20 erative agreements with, public agencies and non21 profit private organizations.

22 (c) GIFTS.—The Secretary may accept, on behalf of

23 the United States, gifts (in cash or in kind, including vol24 untary and uncompensated services), which shall be avail-
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1 able to carry out this title. Gifts of cash shall be available

2 in addition to amounts appropriated to carry out this title.

3 (d) RECORDS.—The Secretary shall maintain records

4 regarding—

5 (1) the sources, amounts, and uses of gift ac6 cepted under subsection (c); and

7 (2) the identity of each person receiving assist8 ance to carry out this title, and the amount of such

9 assistance received by each such person.

10 SEC. 303. POLICY COMMITTEE; RELATED COMMITTEES.

11 (a) POLICY COMMITTEE.—

12 (1) ESTABLISHMENT.—There is established a

13 Policy Committee comprised of 25 members to be se14 lected, not later than 90 days after the enactment

15 of the Older Americans Act of 1995, as follows:

16 (A) PRESIDENTIAL APPOINTEES.—13

17 members shall be selected by the President and

18 shall include—

19 (i) 3 members who are officers or em20 ployees of the United States; and

21 (ii) 10 members with experience in the

22 field of aging, who may include representa23 tives of public aging agencies, institution24 based organizations, and minority aging
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1 organizations, and shall include a member

2 of the Federal Council on the Aging.

3 (B) HOUSE APPOINTEES.—4 members

4 shall be selected by the Speaker of the House

5 of Representatives, after consultation with the

6 Minority Leader of the House of Representa7 tives, and shall include members of the Com8 mittee on Economic and Educational Opportu9 nities and the Committee on Ways and Means

10 of the House of Representatives. Not more

11 than 3 members selected under this subpara12 graph may be associated or affiliated with the

13 same political party,

14 (C) SENATE APPOINTEES.—4 members

15 shall be selected by the Majority Leader of the

16 Senate, after consultation with the Minority

17 Leader of the Senate, and shall include mem18 bers of the Committee on Labor and Human

19 Resources and the Special Committee on Aging

20 of the Senate. Not more than 3 members se21 lected under this subparagraph may be associ22 ated or affiliated with the same political party.

23 (D) JOINT APPOINTEES.—4 members shall

24 be selected jointly by the Speaker of the House

25 of Representatives and the Majority Leader of
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1 the Senate, after consultation with the minority

2 leaders of the House and Senate, and shall in3 clude representatives with experience in the

4 field of aging, who may include representatives

5 described in subsection (a)(1)(A)(ii). Not more

6 than 2 members selected under this subpara7 graph may be associated or affiliated with the

8 same political party.

9 (2) DUTIES OF THE POLICY COMMITTEE.—The

10 Policy Committee shall initially meet at the call of

11 the Secretary, but not later than 30 days after the

12 last member is selected under subsection (a). Subse13 quent meetings of the Policy Committee shall be

14 held at the call of the chairperson of the Policy

15 Committee. Through meetings, hearings, and work16 ing sessions, the Policy Committee shall—

17 (A) make recommendations to the Sec18 retary to facilitate the timely convening of the

19 Conference;

20 (B) formulate and approve a proposed

21 agenda for the Conference not later than 60

22 days after the first meeting of the Policy Com23 mittee;

24 (C) make recommendations for partici25 pants and delegates of the Conference;
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1 (D) establish the number of delegates to be

2 selected under section 301(d)(2); and

3 (E) formulate and approve the initial re4 port of the Conference in accordance with sec5 tion 304.

6 (3) QUORUM; COMMITTEE VOTING; CHAIR7 PERSON.—

8 (A) QUORUM.—13 members shall con9 stitute a quorum for the purpose of conducting

10 the business of the Policy Committee, except

11 that 17 members shall constitute a quorum for

12 purposes of approving the agenda required by

13 paragraph (2)(B) and the report required by

14 paragraph (2)(E).

15 (B) VOTING.—The Policy Committee shall

16 act by the vote of the majority of the members

17 present.

18 (C) CHAIRPERSON.—The President shall

19 select a chairperson from among the members

20 of the Policy Committee. The chairperson may

21 vote only to break a tie vote of the other mem22 bers of the Policy Committee.

23 (b) OTHER COMMITTEES.—The Secretary may estab24 lish such other committees, including technical commit-
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1 tees, as may be necessary to assist in the planning, con2 ducting, and reviewing of the Conference.

3 (c) COMPOSITION OF COMMITTEES.—Each commit4 tee established under subsection (b) shall be composed of

5 professionals and public members, and shall include indi6 viduals from low-income families, and individuals who are

7 Native Americans. Appropriate efforts shall be made to

8 include individuals who are members of minority

9 groups. A majority of the public members of each such

10 committee shall be 55 years of age or older.

11 (d) COMPENSATION.—Appointed members of any

12 such committee (other than any officers or employees of

13 the Federal Government), while attending conferences or

14 meetings of the committee or otherwise serving at the re15 quest of the Secretary, shall be entitled to receive com16 pensation at a rate to be fixed by the Secretary, but not

17 to exceed the daily prescribed rate for GS–18 under sec18 tion 5332 of title 5, United States Code (including travel

19 time). While away from their homes or regular places of

20 business, such members may be allowed travel expenses,

21 including per diem in lieu of subsistence, as authorized

22 under section 5708 of such title for persons employed

23 intermittently in Federal Government service.
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1 SEC 304. REPORT OF THE CONFERENCE.

2 (a) PROPOSED REPORT.—A proposed report of the

3 Conference, which shall include a statement of comprehen4 sive coherent national policy on aging together with rec5 ommendations for the implementation of the policy, shall

6 be published and submitted to the chief executive officers

7 of the States not later than 90 days following the date

8 on which the Conference is adjourned. The findings and

9 recommendations included in the published proposed re10 port shall be immediately available to the public.

11 (b) RESPONSE TO PROPOSED REPORT.—The chief

12 executive officers of the States, after reviewing and solicit13 ing recommendations and comments on the report of the

14 Conference, shall submit to the Policy Committee, not

15 later than 90 days after receiving the report, their views

16 and findings on the recommendations of the Conference.

17 (c) REPORTS.—

18 (1) INITIAL REPORT.—The Policy Committee

19 shall, after reviewing the views and recommenda20 tions of the chief executive officers of the States,

21 prepare and approve an initial report of the Con22 ference, which shall include a compilation of the ac23 tions of the chief executive officers of the States and

24 take into consideration the views and findings of

25 such officers.
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1 (2) PUBLICATION OF INITIAL REPORT; FINAL

2 REPORT.—Not later than 60 days after such initial

3 report is transmitted by the Policy Committee, the

4 Secretary shall publish such initial report in the

5 Federal Register. The Secretary shall republish a

6 final report together with such additional views and

7 recommendations as the Secretary considers to be

8 appropriate.

9 (d) RECOMMENDATIONS OF THE POLICY COMMIT10 TEE.—The Policy Committee shall, within 90 days after

11 submission of the views of the chief executive officers of

12 the States, publish and transmit to the President and to

13 the Congress recommendations for the administrative ac14 tion and the legislation necessary to implement the rec15 ommendations contained within the report.

16 SEC. 305. DEFINITIONS.

17 For the purposes of this title—

18 (1) the term ‘‘area agency on aging’’ has the

19 meaning given the term in section 102 of the Older

20 Americans Act of 1965,

21 (2) the term ‘‘State agency on aging’’ means

22 the State agency designated under section 305(a)(1)

23 of the Act,

24 (3) the term ‘‘Secretary’’ means the Secretary

25 of Health and Human Services,
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1 (4) the term ‘‘Conference’’ means the White

2 House Conference on Aging, and

3 (5) the term ‘‘State’’ means any of the several

4 States, the District of Columbia, the Commonwealth

5 of Puerto Rico, Guam, American Samoa, the Virgin

6 Islands, the Commonwealth of the Northern Mari7 ana Islands, and the Trust Territory of the Pacific

8 Islands.

9 SEC. 306. AUTHORIZATION OF APPROPRIATIONS.

10 (a) AUTHORIZATION.—

11 (1) IN GENERAL.—There are authorized to be

12 appropriated such sums as may be necessary for fis13 cal years 2005 through 2007 to carry out this title.

14 (2) CONTRACTS.—Authority to enter into con15 tracts under this title shall be effective only to the

16 extent, or in such amounts as are, provided in ad17 vance in appropriation Acts.

18 (b) AVAILABILITY OF FUNDS.—

19 (1) IN GENERAL.—Except as provided in para20 graph (3), funds appropriated to carry out this title

21 and funds received as gifts under section 303(c)

22 shall remain available for obligation or expenditure

23 until the expiration of the 1-year period beginning

24 on the date the Conference adjourns.
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1 (2) UNOBLIGATED FUNDS.—Except as provided

2 in paragraph (3), any such funds neither expended

3 nor obligated before the expiration of the 1-year pe4 riod beginning on the date the Conference adjourns

5 shall be available to carry out the Older Americans

6 Act of 1965.

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