II

104TH CONGRESS

1ST SESSION S. 1447

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 SENATE OF THE UNITED STATES

DECEMBER 5, 1995

Ms. MIKULSKI (for herself, Mr. KENNEDY, and Mr. PRYOR) introduced the

following bill; which was read twice and referred to the Committee on

Labor and Human Resources

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

2 CONTENTS.

3 (a) SHORT TITLE.—This Act may be cited as the

4 ‘‘Older Americans Act Amendments of 1995’’.

5 (b) REFERENCE.—Except as otherwise expressly pro6 vided in this Act, whenever in this Act an amendment or

7 repeal is expressed in terms of an amendment to, or repeal

8 of, a section or other provision, the reference shall be con9 sidered to be made to a section or other provision of the

10 Older Americans Act of 1965 (42 U.S.C. 3001 et seq.).

11 (c) TABLE OF CONTENTS.—The Table of Contents

12 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 non-elderly.

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.
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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.

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 PARTNERSHIPS

2 SEC. 101. RESPONSIBILITIES OF ASSISTANT SECRETARY.

3 (a) FUNCTIONS OF ASSISTANT SECRETARY.—Section

4 202(a)(3) is amended by inserting before the semicolon

5 ‘‘, and to negotiate performance partnership agreements

6 with the States under titles III and VII’’.
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1 (b) PERFORMANCE PARTNERSHIPS.—Title II is

2 amended by inserting after section 202 the following new

3 section:

4 ‘‘PERFORMANCE PARTNERSHIPS

5 ‘‘SEC. 202A. (a) IN GENERAL.—The Assistant Sec6 retary shall negotiate performance partnership agreements

7 with States in accordance with the provisions of this sec8 tion.

9 ‘‘(b) PERFORMANCE OBJECTIVES AND MEASURES.—

10 ‘‘(1) DESIGNATION OF OBJECTIVES.—The As11 sistant Secretary, in consultation (as appropriate)

12 with the States, local governments, tribal organiza13 tions, and other entities, shall specify, by the end of

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

15 needed), with respect to the goals specified in sec16 tions 305A and 704A—

17 ‘‘(A) a list of performance partnership ob18 jectives to accomplish the goals of each such

19 section, and

20 ‘‘(B) a core set for each such section of ob21 jectives that address needs of older Americans

22 national significance.

23 ‘‘(2) ELEMENTS OF PERFORMANCE PARTNER24 SHIP OBJECTIVES.—Each performance partnership

25 objective specified under paragraph (1) shall in26 clude—
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1 ‘‘(A) a performance indicator;

2 ‘‘(B) the specific population being ad3 dressed;

4 ‘‘(C) a quantifiable performance target;

5 and

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

7 be achieved.

8 ‘‘(3) GENERAL CRITERIA FOR DESIGNATION OF

9 OBJECTIVES.—In specifying the performance part10 nership objectives, the Assistant Secretary shall be

11 guided by the following principles:

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

13 the goals of the section concerned, and be

14 viewed as important by and understandable to

15 State policymakers and the general public;

16 ‘‘(B) actions taken under the partnership

17 agreement should be expected to have an im18 pact on the objective;

19 ‘‘(C) measurable progress in achieving the

20 objective should be expected over the period of

21 the grant;

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

23 including a suitable mix of outcome, process

24 and capacity measures, and, if an objective

25 measures process or capacity, it should be de-
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1 monstrably linked to the achievement of a speci2 fied outcome for older Americans; and

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

4 the extent practicable, be comparable for all

5 States, meet reasonable statistical standards for

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

7 appropriate periodicity, and at reasonable cost,

8 and, with respect to core objectives, shall in9 clude as appropriate the data specified in sec10 tion 202(a)(19), collected in accordance with

11 the uniform procedures established pursuant to

12 section 202(a)(29).

13 ‘‘(c) STATE PERFORMANCE PARTNERSHIP PRO14 POSAL.—

15 ‘‘(1) IN GENERAL.—In order to meet the re16 quirements of this subsection, a performance part17 nership proposal submitted to the Assistant Sec18 retary by a State agency under title III or VII shall

19 contain—

20 ‘‘(A) a list of one or more objectives (de21 rived from the performance partnership objec22 tives specified under subsection (b)) toward

23 which the State will work and a performance

24 target for each objective which the applicant

25 will seek to achieve by the end of the partner-
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1 ship period (which shall be coterminous by the

2 period covered by the State plan under section

3 307);

4 ‘‘(B) a rationale for the applicant’s selec5 tion of its objectives, including its performance

6 targets, and timeframes;

7 ‘‘(C) a statement of the applicant’s strate8 gies for achieving the objectives over the course

9 of the grant period;

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

11 to be expended to carry out each strategy; and

12 ‘‘(E) an assurance that the State will re13 port to the Assistant Secretary, not later than

14 60 days after the end of each fiscal year, on

15 progress in the State toward accomplishing core

16 performance objectives specified under sub17 section (b)(1)(B) (regardless of whether it is

18 working toward those objectives) and the spe19 cific objectives toward which the State is work20 ing under the performance partnership.

21 A State may select an objective that is not a speci22 fied performance partnership objective under sub23 section (b)(1)(A) if it demonstrates to the Assistant

24 Secretary that the objective relates to a significant

25 concern of older Americans in the State that would
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1 not otherwise be addressed appropriately (and that

2 a suitable performance indicator exists to measure

3 progress toward the objective).

4 ‘‘(2) ELEMENTS OF STATE PROPOSALS RELAT5 ING TO SPECIAL POPULATIONS.—Each State pro6 posal for a performance partnership under title III

7 or VII shall, as appropriate, include objectives—

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

9 governments (or their representatives) to ad10 dress the needs of older Indians or Native Ha11 waiians within the State and to ensure that an

12 appropriate and equitable share of State fund13 ing under such title is used to meet such needs;

14 and

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

16 addressing the needs of vulnerable older individ17 uals in the State.

18 ‘‘(d) NEGOTIATIONS AND ADJUSTMENT.—

19 ‘‘(1) INITIAL NEGOTIATIONS.—In the negotia20 tions concerning a proposed performance partner21 ship agreement submitted under this section, the As22 sistant Secretary shall—

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

24 State’s proposed objectives, performance tar25 gets, timeframes, and strategies are likely to
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1 address appropriately the most significant

2 needs of older Americans (as measured by ap3 plicable indicators) within the State, including

4 the needs of vulnerable populations, and

5 ‘‘(B) give particular consideration to the

6 State’s proposed performance partnership in

7 addressing progress toward the core set of per8 formance partnership objectives.

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

10 and a State may at any time in the course of a per11 formance partnership renegotiate, and revise by mu12 tual agreement, the elements of the partnership

13 agreement in light of new information or changed

14 circumstances (including information or changes

15 identified during assessments or on-site reviews

16 under subsection (e)).

17 ‘‘(e) ANNUAL ASSESSMENTS; PERIODIC ON-SITE RE18 VIEWS.—

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

20 shall assess annually with respect to performance

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

22 basis of the report submitted by a State under sub23 section (c)(1)(E)—
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1 ‘‘(A) the progress achieved nationally to2 ward each of the objectives in the core set of

3 performance partnership objectives; and

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

5 State’s progress toward each objective agreed

6 upon in the performance partnership under

7 such title.

8 The Assistant Secretary shall make assessments

9 publicly available.

10 ‘‘(2) PERIODIC ON-SITE REVIEWS.—The Assist11 ant Secretary shall conduct an on-site review of each

12 State’s adherence to its performance partnership

13 agreement under title III or VII not less often than

14 every five years.

15 ‘‘(f) INCENTIVE AWARDS FOR EFFECTIVE PERFORM16 ANCE.—From amounts reserved under section 304(a), the

17 Assistant Secretary may make an incentive award to any

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

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

20 performed effectively under a performance partnership

21 agreement under title III or VII and to have made signifi22 cant progress toward meeting core national objectives. In23 centive awards made to States shall be available only for

24 use in furnishing additional services under the State’s

25 agreement under such title.’’.
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1 (c) DEFINITIONS.—Section 102 is amended by add2 ing at the end the following new paragraph:

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

4 means a quantifiable characteristic used as a meas5 urement.

6 ‘‘(B) The term ‘performance target’ means a

7 numerical value sought to be achieved within a spec8 ified period of time.’’.

9 SEC. 102. FUNDING OF PERFORMANCE PARTNERSHIP AD10 MINISTRATIVE COSTS AND INCENTIVE

11 AWARDS.

12 (a) STATE ADMINISTRATIVE COSTS RELATED TO

13 PERFORMANCE PARTNERSHIPS.—Section 308 is amended

14 by adding at the end the following new subsection:

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

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

17 administration of performance partnerships under this

18 title and title VII, including costs of developing, negotiat19 ing, administering, monitoring, evaluating, and reporting

20 on performance under, such partnerships, such additional

21 amounts from the allotment to the State under section

22 304 (not to exceed 2 percent of such allotment) as the

23 Assistant Secretary may permit.’’.

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

25 (1) IN GENERAL.—Section 304 is amended—
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1 (A) by redesignating subsections (a)

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

3 (B) by inserting after ‘‘SEC. 304.’’ The fol4 lowing new subsection:

5 ‘‘(a) RESERVATION OF FUNDS FOR PERFORMANCE

6 PARTNERSHIP INCENTIVE AWARDS.—From each of the

7 sums appropriated under section 303 for each fiscal year,

8 the Assistant Secretary may reserve up to 10 percent for

9 performance incentive awards to States in accordance with

10 section 205(f).’’.

11 (2) CONFORMING AMENDMENT.—Section

12 304(b), as redesignated by subsection (a), is amend13 ed by striking ‘‘from the sums appropriated’’ and in14 serting ‘‘from the amounts remaining, after applica15 tion of subsection (a), from the sums appropriated’’.

16 SEC. 103. RESPONSIBILITIES OF STATES.

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

18 III is amended by inserting after section 305 the following

19 new section:

20 ‘‘PERFORMANCE PARTNERSHIPS

21 ‘‘SEC. 304A. (a) GOALS.—The goals of this section

22 are for the States and the Federal Government, working

23 together in a partnership, to accomplish the purposes

24 specified in section 301(a).

25 ‘‘(b) PERFORMANCE PARTNERSHIP AS ELEMENT OF

26 STATE PLAN.—In order to be eligible to receive a grant
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1 from its allotment under this title, except as provided in

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

3 the Assistant Secretary a performance partnership agree4 ment in accordance with the provisions of this section and

5 section 202A, and shall include such agreement as part

6 of the State plan under section 307.

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

8 an Advisory Council, with members including representa9 tives of other State agencies administering programs serv10 ing the elderly, private entities providing services under

11 the State plan, and older individuals (with appropriate ef12 forts to include members of minority groups), whose re13 sponsibilities shall include—

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

15 proposed performance partnership agreement under

16 this section (and such comments shall be included

17 with the State plan submission under section 307);

18 and

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

20 performance under the final agreement negotiated

21 with the Assistant Secretary.’’.

22 (b) UNDER VULNERABLE ELDER RIGHTS PROTEC23 TION PROGRAM.—Title VII is amended by inserting after

24 section 704 the following new section:
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1 ‘‘PERFORMANCE PARTNERSHIPS

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

3 are for the States and the Federal Government, working

4 together in a partnership, to protect the rights of vulner5 able older individuals and to prevent elder abuse, neglect,

6 and exploitation.

7 ‘‘(b) STATE PERFORMANCE PARTNERSHIP AS ELE8 MENT OF STATE PLAN.—In order to be eligible to receive

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

10 propose to and negotiate with the Assistant Secretary a

11 performance partnership agreement in accordance with

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

13 include such agreement as part of the State plan under

14 section 307.

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

16 advisory council established by the State pursuant to sec17 tion 305A(c) State shall include—

18 ‘‘(A) reviewing and commenting on the State’s

19 proposed performance partnership agreements under

20 this title (and such comments shall be included with

21 the State plan submission under section 307); and

22 ‘‘(B) evaluating and reporting on the State’s

23 performance under the final agreement negotiated

24 with the Assistant Secretary under this title.’’.
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1 (c) STATE PLAN REQUIREMENT.—Section 307(a) is

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

3 such criteria’’ and inserting ‘‘which includes the perform4 ance partnership agreements under this title and title VII

5 negotiated with the Assistant Secretary under sections

6 202A, 305A, and 704A, and meets such other criteria’’.

7 SEC. 104. AREA PLANS: REORGANIZATION, STREAMLINING,

8 AND INCORPORATION OF PERFORMANCE

9 PARTNERSHIPS.

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

11 amended—

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

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

14 ‘‘Each such plan shall comply with the following re15 quirements:’’;

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

17 ‘‘(1) SERVICES PROVIDED.—The plan shall pro18 vide for the furnishing, through a comprehensive

19 and coordinated system, of services the need for

20 which has been determined pursuant to paragraph

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

22 objectives specified under paragraph (4), including—

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

24 the service specified in paragraph (2);

25 ‘‘(B) nutrition services; and
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1 ‘‘(C) where appropriate, the establishment,

2 maintenance, or construction of multipurpose

3 senior centers.’’;

4 (3) in paragraph (2)—

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

6 The plan shall’’ after ‘‘(2)’’;

7 (B) by striking ‘‘section 307(a)(22)’’ and

8 inserting ‘‘section 307(a)(2)’’;

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

10 such plan, as submitted or as amended’’ and in11 serting ‘‘and assurances that the area agency

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

13 (D) by striking the semicolon at the end

14 and inserting a period;

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

16 focal points for service delivery in each community)

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

18 (5) by inserting after paragraph (2) the follow19 ing new paragraphs:

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

21 shall provide for determining the extent of need for

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

23 the area taking into consideration, among other

24 things—
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1 ‘‘(A) the numbers of older individuals re2 siding in such area—

3 ‘‘(i) who have low incomes,

4 ‘‘(ii) who have greatest economic need

5 (with particular attention to individuals

6 who are members of historically disadvan7 taged groups),

8 ‘‘(iii) who have greatest social need

9 (with particular attention to individuals

10 who are members of historically disadvan11 taged groups), or

12 ‘‘(iv) who are Indians; and

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

14 (including efforts of volunteers and voluntary

15 organizations) in meeting such need.

16 ‘‘(4) PERFORMANCE PARTNERSHIP OBJEC17 TIVES.—The plan shall identify area objectives, for

18 purposes of the performance partnership required

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

20 determinations under paragraph (3) (and including

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

22 be amended as necessary to incorporate, as appro23 priate, the objectives specified in the agreements ne24 gotiated by the State agency under such sections

25 305A and 704A.’’;
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1 (6) in paragraph (5)—

2 (A) by inserting ‘‘OBJECTIVES FOR SERV3 ICES TO OLDER INDIVIDUALS WITH GREATEST

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

5 (B) by striking the semicolon at the end

6 and inserting a period;

7 (7) in paragraph (6)—

8 (A) by inserting ‘‘POLICY DEVELOP9 MENT.—The plan shall—’’ after ‘‘(6)’’;

10 (B) by striking subparagraphs (A) (evalua11 tions and public hearings) and (B) (technical

12 assistance to providers);

13 (C) by relocating and redesignating sub14 paragraph (D) as subparagraph (A);

15 (D) by relocating and redesignating sub16 paragraph (F) as subparagraph (B);

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

18 subparagraph (C) and inserting a period; and

19 (F) by striking subparagraphs (E) (ar20 rangements with specified organizations), (G)

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

22 (coordination among programs), (J) (identifica23 tion of protective services providers), (L) (co24 ordination of services for Alzheimer’s patients),

25 (M) (coordination of mental health services),
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1 (O) (information on higher education), (Q) (co2 ordination with housing providers), (R) (tele3 phone listings of area agencies), and (S) (co4 ordination of transportation services);

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

6 (assurances that funds will be spent for the purposes

7 awarded);

8 (9) by striking subparagraphs (I) and (K) of

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

10 services) and inserting after paragraph (6) the fol11 lowing new paragraph:

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

13 SERVICES.—The plan shall provide that the area

14 agency will facilitate the coordination of community15 based, long-term care services designed to enable

16 older individuals to remain in their homes, by means

17 including—

18 ‘‘(A) development of case management

19 services as a component of the long-term care

20 services, consistent with the requirements of

21 paragraph (8);

22 ‘‘(B) involvement of long-term care provid23 ers in the coordination of such services; and
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1 ‘‘(C) increasing community awareness of

2 and involvement in addressing the needs of resi3 dents of long-care facilities.’’;

4 (10) by relocating and redesignating paragraph

5 (20) as paragraph (8), and amending such para6 graph by inserting ‘‘PROVISION OF CASE MANAGE7 MENT SERVICES.—The plan shall’’ after ‘‘(8)’’;

8 (11) by redesignating paragraph (11) as para9 graph (9), and amending such paragraph—

10 (A) by inserting ‘‘MAINTENANCE OF EF11 FORT FOR OMBUDSMAN PROGRAM.—The plan

12 shall’’ after ‘‘(9)’’;

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

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

15 (C) by striking the semicolon at the end

16 and inserting a period;

17 (12) by redesignating and relocating paragraph

18 (6)(P) as paragraph (10), and amending such para19 graph—

20 (A) by inserting ‘‘GRIEVANCE PROCE21 DURE.—The plan shall’’ after ‘‘(10)’’; and

22 (B) by striking the semicolon and inserting

23 a period;
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1 (13) by striking paragraphs (6)(N), (18), and

2 (19), and inserting after paragraph (10) the follow3 ing paragraph:

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

5 plan shall provide the following assurances contain6 ing services to older Native Americans:

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

8 older individuals who are Indians in the area,

9 the area agency will pursue activities, including

10 outreach, to increase access of such individuals

11 to programs and benefits under this title.

12 ‘‘(B) The area agency will, to the maxi13 mum extent practicable, coordinate the services

14 it provides under this title with services pro15 vided under title VI.’’;

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

17 concerning volunteer services coordinator);

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

19 (description of and assurances concerning activities

20 of area agency); and

21 (16) by redesignating paragraph (17) as para22 graph (12) and amending such paragraph—

23 (A) by inserting ‘‘SPECIAL MENUS IN NU24 TRITION PROGRAMS.—’’ after ‘‘(12)’’;
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1 (B) by striking ‘‘section 307(a)(13)(G)’’

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

3 (C) by striking the semicolon and inserting

4 a period.

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

6 (1) by striking paragraph (2) (procedural re7 quirements for State agency waivers to area agen8 cies); and

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

10 SEC. 105. STATE PLANS: REORGANIZATION, STREAMLINING,

11 AND INCORPORATION OF PERFORMANCE

12 PARTNERSHIPS.

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

14 amended—

15 (1) by striking paragraphs (1) and (2) and in16 serting the following:

17 ‘‘(1) AREA PLANS AND PERFORMANCE PART18 NERSHIPS.—The plan shall—

19 ‘‘(A) require each area agency designated

20 under section 305(a)(2)(A) to—

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

22 agency for approval, in accordance with a

23 uniform format developed by the State

24 agency, an area plan meeting the require25 ments of section 306 which specifies area
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1 objectives for purposes of performance

2 partnerships under sections 305A and

3 704A, as required by section 306(a)(4);

4 and

5 ‘‘(ii) amend such area plan as nec6 essary to incorporate, as appropriate, ob7 jectives specified in the performance part8 nership agreements negotiated by the State

9 agency under such sections 305A and

10 704A;

11 ‘‘(B) be based on such area plans; and

12 ‘‘(C) include the performance partnership

13 agreements negotiated by the State agency with

14 the Assistant Secretary under such sections

15 305A and 704A.’’;

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

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

18 services), and (22) (funding shares for priority serv19 ices), and amending paragraph (2) to read as fol20 lows:

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

22 The plan shall provide that the State agency will—

23 ‘‘(A) evaluate, using uniform procedures

24 under section 202(a)(29) the need for support25 ive services (including legal assistance, informa-
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1 tion and assistance, and transportation serv2 ices), nutrition services, and multipurpose sen3 ior centers within the State;

4 ‘‘(B) determine the extent to which exist5 ing public or private programs and resources

6 (including volunteers and programs and services

7 of voluntary organizations) meet such need; and

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

9 funds received by each area agency for part B

10 to be expended (unless waived by the State

11 agency under section 306(b)) by such area

12 agency to provide each of the categories of serv13 ices specified in section 306(a)(2).’’;

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

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

16 costs thereof), and (33) (intra-State funding for17 mula), and adding after paragraph (2) the following

18 new paragraph:

19 ‘‘(3) INTRA-STATE FUNDING REQUIREMENTS.—

20 The plan shall—

21 ‘‘(A) include (and may not be approved un22 less the Assistant Secretary approves) the state23 ment and demonstration required by para24 graphs (2) and (4) of section 305(d) (concern25 ing intra-State distribution of funds); and
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1 ‘‘(B) with respect to services to older indi2 viduals residing in rural areas—

3 ‘‘(i) provide assurances that the State

4 agency will spend for each fiscal year,

5 under this title and titles V and VII, not

6 less than 105 percent of the amount so ex7 pended for fiscal year 1978;

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

9 under the plan, the projected costs of pro10 viding such services (including the cost of

11 providing access to such services); and

12 ‘‘(iii) describe the methods used to

13 meet the needs for such services in the fis14 cal year preceding the first year to which

15 such plan applies.’’;

16 (4) by striking paragraph (4) (methods of ad17 ministration, personnel standards);

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

19 hearings) and inserting after paragraph (3) the fol20 lowing paragraph:

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

22 that the State agency will conduct periodic evalua23 tions of, and public hearings on, activities and

24 projects carried out under the State plan.’’;
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1 (5) by striking paragraph (43) (grievance pro2 cedures) and amending paragraph (5) (hearing for

3 area agencies and providers) to read as follows:

4 ‘‘(5) HEARINGS FOR AREA AGENCIES AND PRO5 VIDERS; GRIEVANCE PROCEDURES.—The plan shall

6 provide that the State agency will—

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

8 upon request, in accordance with published pro9 cedures, to any area agency submitting a plan

10 under this title, or to any provider of (or appli11 cant to provide) services under such a plan; and

12 ‘‘(B) issue guidelines applicable to griev13 ance procedures required by section

14 306(a)(1).’’;

15 (6) in paragraph (6), by inserting

16 ‘‘REPORTS.—’’ after ‘‘(6)’’;

17 (7) in paragraph (7)—

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

19 after ‘‘(7)’’; and

20 (B) by striking subparagraph (C);

21 (8) by redesignating paragraph (10) as para22 graph (8) and amending such paragraph by insert23 ing ‘‘RESTRICTION ON DIRECT PROVISION OF SERV24 ICES.—’’ after ‘‘(8)’’;
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1 (9) by striking paragraph (11) (hiring pref2 erence for older individuals and individuals trained

3 in field of aging);

4 (10)(A) by redesignating paragraph (12) as

5 paragraph (9), and amending such paragraph—

6 (i) by inserting ‘‘LONG-TERM CARE OM7 BUDSMAN PROGRAM.—’’ after ‘‘(9)’’; and

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

9 expend for such purpose not less than the total

10 amount so expended by the State agency in fis11 cal year 1991’’; and

12 (B) by striking paragraph (21);

13 (11) by redesignating paragraph (13) as para14 graph (10), and amending such paragraph—

15 (A) by inserting ‘‘NUTRITION SERVICES.—

16 ’’ after ‘‘(10)’’;

17 (B) by striking subparagraphs (B) (pri18 mary consideration to congregate meals), (D)

19 (accessibility of congregate meal site), (E) (out20 reach), (H) (grandfathered providers of home21 delivered meals), and (M) (nonfinancial eligi22 bility criteria); and

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

24 subparagraph (K);
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1 (ii) by striking ‘‘; and’’ at the end of sub2 paragraph (L) and inserting a period; and

3 (iii) by redesignating subparagraph (C)

4 and the remaining subparagraphs as subpara5 graphs (B) through (H);

6 (12) by striking paragraph (14) (restrictions on

7 use of funds under the Act for acquisition, alter8 ation, or construction of facilities);

9 (13)(A) by redesignating paragraph (15) as

10 paragraph (11), and amending such paragraph—

11 (i) by inserting ‘‘LEGAL ASSISTANCE.—’’

12 after ‘‘(11)’’; and

13 (ii)(I) by striking ‘‘and’’ at the end of sub14 paragraph (D); and

15 (II) by striking the period at the end of

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

17 (B)(i) by amending paragraph (18) by striking

18 all that precedes ‘‘assign personnel’’ and inserting

19 ‘‘the State will’’; and

20 (ii) by relocating and redesignating such para21 graph (18) as paragraph (11)(F);

22 (14) by redesignating paragraph (16) as para23 graph (12), and amending such paragraph by insert24 ing ‘‘PREVENTION OF ABUSE.—’’ after ‘‘(12)’’;
29

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1 (15) by striking paragraph (17) (in-service per2 sonnel training);

3 (16) by striking paragraph (19) (guarantees

4 that area agencies may give grants or contracts to

5 providers of education and training services);

6 (17) by redesignating paragraph (20) as para7 graph (13), and amending such paragraph by insert8 ing ‘‘OLDER INDIVIDUALS OF LIMITED ENGLISH9 SPEAKING ABILITY.—’’;

10 (18) by redesignating paragraph (23) as para11 graph (14), and amending such paragraph by insert12 ing ‘‘SPECIAL NEEDS POPULATIONS.—’’ after

13 ‘‘(14)’’;

14 (19) by redesignating paragraph (24) as para15 graph (15), and amending such paragraph by insert16 ing ‘‘OUTREACH.—’’ after ‘‘(15)’’;

17 (20) by redesignating paragraph (25) as para18 graph (16), and amending such paragraph by insert19 ing ‘‘OLDER INDIVIDUALS WITH SEVERE DISABIL20 ITIES.—’’ after ‘‘(15)’’;

21 (21) by redesignating paragraph (26) as para22 graph (17), and amending such paragraph—

23 (A) by inserting ‘‘COMMUNITY-BASED

24 SERVICES.—
30

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1 (A) LONG-TERM CARE SERVICES.—’’ after

2 ‘‘(26)’’; and

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

4 inserting ‘‘section 306(a)(6)(D)’’;

5 (22) by relocating and redesignating paragraph

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

7 (23) by striking paragraph (27) (assurances

8 concerning part D in-home services program);

9 (24) by striking paragraph (28) (assurances

10 concerning part E special needs program);

11 (25) by redesignating paragraph (30) as para12 graph (18), and amending such paragraph by insert13 ing ‘‘TITLE VII PROGRAM.—’’ after ‘‘(18)’’;

14 (26) by striking paragraph (31) (State volun15 teer services coordinator);

16 (27) by redesignating paragraph (32) as para17 graph (19), and amending such paragraph by insert18 ing ‘‘TECHNICAL ASSISTANCE TO PROVIDERS.—’’

19 after ‘‘(19)’’;

20 (28)(A) by redesignating paragraph (34) as

21 paragraph (20), and amending such paragraph by

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

23 ‘‘(34)’’; and

24 (B) by redesignating subparagraphs (A) and

25 (B) of paragraph (35) as clauses (i) and (ii), and re-
31

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1 designating and relocating such paragraph (35) as

2 subparagraph (B) of paragraph (20);

3 (29) by redesignating paragraph (36) as para4 graph (21), and amending such paragraph by insert5 ing ‘‘CASE MANAGEMENT PROVIDERS.—’’ after

6 ‘‘(21)’’;

7 (30) by striking paragraphs (38) and (39) (as8 surances concerning use of funds);

9 (31) by striking paragraph (40) (assurances

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

11 (32) by striking paragraph (41) (efforts to co12 ordinate services and provide multigenerational ac13 tivities); and

14 (33) by striking paragraph (42) (coordination

15 of transportation services).

16 SEC. 106. EFFECTIVE DATE.

17 The amendments made by this title shall become ef18 fective with respect to a State on the effective date of the

19 first State plan under section 307 of the Older Americans

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

21 enactment of this Act.
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1 TITLE II—OTHER AMENDMENTS TO THE

2 OLDER AMERICANS ACT OF 1965

3 PART A—ADMINISTRATION ON AGING

4 SEC. 201. NATIONAL ELDERCARE LOCATOR SERVICE.

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

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

7 through contracts, grants, or cooperative agree8 ments, a National Eldercare Locator Service, provid9 ing nationwide toll-free information and assistance

10 services to identify community resources for older in11 dividuals;’’.

12 SEC. 202. AUTHORIZATIONS OF APPROPRIATIONS.

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

14 204(g) is amended by striking all that follows ‘‘to carry

15 out this section’’ and inserting ‘‘$226,000 for fiscal year

16 1996 and such sums as necessary for each of fiscal years

17 1997 and 1998.’’.

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

19 amended to read as follows:

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

21 for carrying out the responsibilities of the Administration

22 on Aging under this title—

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

24 such additional sums as may be necessary to carry

25 out responsibilities with respect to programs under
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1 section 311 and title V transferred to the Adminis2 tration on Aging by the Older Americans Act

3 Amendments of 1995, and

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

5 of fiscal years 1997 and 1998,

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

7 be available for operation of the National Eldercare Loca8 tor Service under section 202(a)(24).’’.

9 PART B—STATE AND COMMUNITY PROGRAMS ON

10 AGING

11 SEC. 211. CLARIFICATION CONCERNING SERVICES TO

12 NONELDERLY.

13 Section 301 is amended by adding at the end of fol14 lowing new subsection:

15 ‘‘(d) SCOPE OF SERVICES; USE OF FUNDS.—

16 ‘‘(1) RESTRICTED USE OF RESOURCES UNDER

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

18 and cash and in-kind contributions required by sec19 tion 304(e) (as redesignated by section 102 of this

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

21 this title, shall be used only for activities and serv22 ices to benefit older individuals and other individuals

23 as specifically provided in this title.

24 ‘‘(2) RESTRICTION INAPPLICABLE TO OTHER

25 RESOURCES.—Neither paragraph (1) nor any other
34

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1 provision of this title shall be construed to prohibit

2 State or area agencies on aging from engaging in ac3 tivities or providing services to benefit individuals

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

5 resources from sources not described in paragraph

6 (1).’’.

7 SEC. 212. COORDINATION OF SERVICES FOR INDIVIDUALS

8 WITH DISABILITIES UNDER AREA PLANS.

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

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

11 the following new paragraph:

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

13 aging will coordinate planning, identification, assess14 ment of needs, and service for older individuals with

15 disabilities, with particular attention to individuals

16 with severe disabilities, with agencies that develop or

17 provide services for individuals with disabilities.’’.

18 SEC. 213. ELIGIBILITY OF OLDER INDIANS FOR SERVICES

19 UNDER AREA PLANS.

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

21 amended by inserting before the semicolon ‘‘, including as22 surances that, notwithstanding any provision of this Act

23 restricting eligibility for services to individuals aged 60 or

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

25 to the same extent as such services are available to older
35

S 1447 IS

1 individuals within the service area, to older Indians eligible

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

3 (b) UNDER GRANTS FOR NATIVE AMERICANS.—Sec4 tions 602, 611, 613, and 614 are each amended by strik5 ing ‘‘individuals who are’’ each place it appears.

6 SEC. 214. STATE OPTION FOR COST SHARING.

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

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

9 by adding at the end the following new paragraph:

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

11 recipients of services under the State plan (or to require

12 or permit area agencies on aging to require cost sharing

13 by recipients of services under area plans), the plan

14 shall—

15 ‘‘(A) provide that no cost sharing shall be

16 required for—

17 ‘‘(i) information and assistance, out18 reach, or case management services;

19 ‘‘(ii) ombudsman or other protective

20 services; or

21 ‘‘(iii) congregate or home-delivered

22 nutrition services; and

23 ‘‘(B)(i) exempt from cost-sharing require24 ments individuals with incomes below a low-in25 come threshold set by the State, and
36

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

2 with incomes above such threshold on a sliding3 fee scale based on income.’’.

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

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

6 (1) by striking the period at the end of para7 graph (11) and inserting a semicolon; and

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

9 paragraph:

10 ‘‘(12) provide assurances that any requirements

11 for cost-sharing by recipients of services under the

12 plan will be consistent with the provisions of the

13 State plan under section 307(a)(31)’’.

14 SEC. 215. STATE OPTION CONCERNING CONSUMER-DI15 RECTED SERVICES.

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

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

18 following new paragraph:

19 ‘‘(32) the plan shall specify—

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

21 which supportive or nutrition services) the State

22 elects to permit area agencies on aging—

23 ‘‘(i) to provide services to older indi24 viduals through direct contracts with the

25 individuals delivering such services; or
37

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

2 older individuals to permit such older indi3 viduals to contract with individuals or enti4 ties for the delivery of such services (and,

5 if so, any requirements for the setting of

6 payment rates or amounts);

7 ‘‘(B) the qualifications and other require8 ments that must be met by individuals and enti9 ties providing services under such arrange10 ments; and

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

12 under which) services may be provided to an

13 older individual by a family member under such

14 an arrangement.’’.

15 SEC. 216. TRANSFER OF FUNDS BETWEEN PROGRAMS.

16 (a) STREAMLINING OF GENERAL RULES.—Section

17 308(b) is amended—

18 (1) in paragraph (4)—

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

20 (B) by striking subparagraph (B) (Assist21 ant Secretary’s discretion to permit State to

22 transfer additional amounts between congregate

23 and home-delivered meal programs); and
38

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

2 funds between nutrition and services programs), to

3 read as follows:

4 ‘‘(5) Of the funds received by a State for a fiscal year

5 from funds appropriated under subsections (a)(1), and (b)

6 (1) and (2), of section 303, the State may elect to transfer

7 not more than 20 percent between programs under part

8 B and part C, for use as the State considers appropriate.’’.

9 (b) WAIVER AUTHORITY.—For the Assistant Sec10 retary’s authority to waive limitations on amounts trans11 ferable between programs, see section 219 of this Act,

12 adding a new section 314.

13 SEC. 217. AVAILABILITY OF DISASTER RELIEF FUNDS TO

14 TRIBAL ORGANIZATIONS.

15 Section 310 is amended—

16 (1) in subsection (a)(1)—

17 (A) by inserting ‘‘(or to any tribal organi18 zation receiving a grant under title VI)’’ after

19 ‘‘any State’’; and

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

21 organization)’’ before ‘‘for the delivery of sup22 portive services’’;

23 (2) in subsection (a)(2), by inserting ‘‘and trib24 al organizations’’ after ‘‘States’’; and
39

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

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

3 and

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

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

6 SEC. 218. NUTRITION SERVICES INCENTIVE PROGRAM.

7 (a) ESTABLISHMENT OF PROGRAM.—Section 311, in8 cluding the heading thereof, is amended to read as follows:

9 ‘‘NUTRITION SERVICES INCENTIVE PROGRAM

10 ‘‘SEC. 311. (a) PURPOSE.—The purpose of the pro11 gram under this section is to provide incentives to encour12 age and reward effective performance by States and tribal

13 organizations in the efficient delivery of nutritious meals

14 to older Americans.

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

16 (1) FUNDING.—the Assistant Secretary shall

17 reserve 3 percent of the total amount appropriated

18 for a fiscal year under subsection (d) for payment to

19 tribal organizations in accordance with paragraph

20 (2).

21 ‘‘(2) ALLOTMENT AND PAYMENT.—The Assist22 ant Secretary shall allot and pay, to each tribal or23 ganization with a plan approved under title VI for

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

25 the total amount reserved under paragraph (1) as

26 the number of meals served by such tribal organiza-
40

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1 tion, under such plan approved for the preceding fis2 cal year, bears to the total number of meals served

3 by all tribal organizations under all such plans ap4 proved for such preceding fiscal year.

5 ‘‘(c) PAYMENTS TO STATES.—

6 (1) FUNDING.—The Assistant Secretary shall

7 allot among the States for each fiscal year, in ac8 cordance with paragraph (2), the balance of

9 amounts appropriated under subsection (d) remain10 ing after application of subsection (b).

11 ‘‘(2) ALLOTMENT AND PAYMENT.—The Assist12 ant Secretary shall allot and pay, to each State

13 agency with a plan approved under this title for a

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

15 total amount reserved under paragraph (1) as the

16 number of meals served in the State, under such

17 plan approved for the preceding fiscal year, bears to

18 the total number of meals served in all States under

19 all such plans approved for such preceding fiscal

20 year.

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

22 carrying out the purposes of this section, there are author23 ized to be appropriated $151,250,000 for fiscal year 1996

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

25 1997 and 1998.’’.
41

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1 (b) ELIMINATION OF MAINTENANCE OF EFFORT.—

2 Section 339A is repealed.

3 SEC 219. WAIVERS OF CERTAIN REQUIREMENTS FOR STATE

4 PROGRAMS.

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

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

7 section:

8 ‘‘WAIVERS

9 ‘‘SEC. 315. (a) IN GENERAL.—The Assistant Sec10 retary may waive any of the provisions enumerated in sub11 section (b) with respect to a State, upon application by

12 the State agency containing or accompanied by docu13 mentation sufficient to establish, to the satisfaction of the

14 Assistant Secretary, that—

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

16 obtained or is not required;

17 ‘‘(2) the State agency has consulted with area

18 agencies on aging with respect to the proposal for

19 which waiver is sought;

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

21 public review and comment within the State (and a

22 summary of comments received shall be included

23 with the application); and

24 ‘‘(4) the State agency has given adequate con25 sideration to the probable positive and negative con26 sequences of approval of the waiver application, and
42

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1 the probable benefits for older individuals can rea2 sonably by expected to outweigh any negative con3 sequences, or particular circumstances in the State

4 otherwise justify the waiver.

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

6 provisions of this title that may be waived under this sec7 tion are—

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

9 307 requiring statewide uniformity of programs

10 under this title, to the extent necessary to permit

11 demonstrations, in limited areas of a State, of inno12 vative approaches to assist older individuals;

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

14 306(a);

15 ‘‘(3) any State plan requirement under section

16 307(a);

17 ‘‘(4) any restriction, under section 308(b) (4)

18 or (5), on the amount that may be transferred be19 tween programs under part B and part C, or be20 tween programs under subpart 1 and subpart 2 of

21 part C; and

22 ‘‘(5) all or any part of the reduction in allot23 ment required under section 309(c) with respect to

24 a State which reduces expenditures under its State

25 plan (but only to the extent that the non-Federal
43

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1 share of expenditures is not reduced below any mini2 mum specified in section 304(d) or any other provi3 sion of this title.’’.

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

5 amended—

6 (1) by striking ‘‘paragraph (2) (waiver of main7 tenance of effort for rural areas);’’ and

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

9 SEC. 220. CONSOLIDATION OF AUTHORITIES FOR SUPPORT10 IVE SERVICES AND SENIOR CENTERS.

11 (a) COMMUNITY-BASED CARE AND SERVICES.—Sec12 tion 321(a)(5) is amended by striking ‘‘including’’ and all

13 that follows and inserting ‘‘including—

14 ‘‘(A) client assessment, case management,

15 and development and coordination of commu16 nity services;

17 ‘‘(B) in-home services for frail older indi18 viduals (including supportive services for vic19 tims of Alzheimer’s disease and related dis20 orders with neurological and organic brain dys21 function, and for the families of such individ22 uals);

23 ‘‘(C) supportive activities to meet the spe24 cial needs of caregivers, including caretakers
44

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1 who provide in-home services to frail older indi2 viduals;

3 ‘‘(D) in-home and other community serv4 ices, including home health, homemaker, shop5 ping, escort, reader, and letter writing services,

6 to assist older individuals to live independently

7 in a home environment;’’.

8 (b) DISEASE PREVENTION AND HEALTH PRO9 MOTION.—Section 321(a)(8) is amended by inserting ‘‘dis10 ease prevention and health promotion services and infor11 mation, including’’ after ‘‘(8)’’.

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

13 amended by inserting ‘‘necessary for the general welfare

14 of older individuals’’ after ‘‘any other services’’.

15 (d) RELOCATION OF DEFINITIONS.—

16 (1) Section 342 (definition of ‘‘in-home serv17 ices’’) is relocated and redesignated as paragraph

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

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

20 ‘‘The term’’.

21 (2) Section 363 (definition of ‘‘disease preven22 tion and health promotion services’’) is relocated and

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

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

25 the term’’ and inserting ‘‘The term’’.
45

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1 (e) REPEAL OF SUPERSEDED AUTHORITIES.—

2 (1) SUBSTANTIVE AUTHORITY.—Part D (In3 Home Services for Frail Older Individuals), part E

4 (Additional Assistance for Special Needs of Older

5 Individuals), part F (Disease Prevention and Health

6 Promotion Services), and part G (Supportive Activi7 ties for Caretakers Who Provide In-Home Services

8 to Frail Older Individuals) are repealed.

9 (2) AUTHORIZATION OF APPROPRIATIONS.—(A)

10 REPEALS; REDESIGNATION.—Section 303 is amend11 ed by striking subsections (d), (e), (f), and (g), and

12 by redesignating subsection (h) as subsection (d).

13 (B) CONFORMING AMENDMENT.—Sections

14 202(a)(24) and 304(b)(2) are each amended by

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

16 SEC. 221. CONSOLIDATION OF AUTHORITIES FOR NUTRI17 TION SERVICES.

18 (a) SCHOOL-BASED MEALS AS CONGREGATE NUTRI19 TION SERVICES.—

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

21 GENERAL.—’’ after ‘‘331.’’.

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

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

24 the matter preceding paragraph (1), by striking all
46

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

2 following:

3 ‘‘(b) SCHOOL-BASED MEALS AND MULTIGENERA4 TIONAL PROGRAMS.—The State may include, in programs

5 under this section,’’.

6 (b) REPEAL OF SUPERSEDED AUTHORITY.—

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

8 III is amended by striking subpart 3 and redesignat9 ing subpart 4 as subpart 3.

10 (2) AUTHORIZATION OF APPROPRIATIONS.—

11 Section 303(b)(3) is repealed.

12 SEC. 222. AUTHORIZATION OF APPROPRIATIONS.

13 (a) SUPPORTIVE SERVICES AND SENIOR CENTERS.—

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

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

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

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

18 1997 and 1998,’’.

19 (b) CONGREGATE NUTRITION SERVICES.—Section

20 303(b)(1) is amended by striking all that precedes ‘‘for

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

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

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

24 and 1998,’’.
47

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1 (c) HOME-DELIVERED NUTRITION SERVICES.—Sec2 tion 303(b)(2) is amended by striking all that precedes

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

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

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

6 1997 and 1998,’’.

7 PART C—RESEARCH, DEVELOPMENT, AND

8 DEMONSTRATIONS

9 SEC. 231. REVISION OF TITLE IV.

10 Title IV is amended by striking all that follows the

11 heading of the title and inserting the following:

12 ‘‘STATEMENT OF PURPOSE

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

14 the Nation’s knowledge and understanding of aging and

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

16 of innovative ideas and best practices in programs and

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

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

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

20 personal responsibility for their own aging through—

21 ‘‘(1) education and training to develop an ade22 quately trained workforce to work with and on be23 half of older individuals;

24 ‘‘(2) research and policy analysis to improve ac25 cess to and delivery of services;
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1 ‘‘(3) development of methods and practices to

2 improve quality and effectiveness of services;

3 ‘‘(4) demonstration of new approaches to de4 sign, delivery and coordination of programs and

5 services;

6 ‘‘(5) technical assistance on planning, develop7 ment, implementation, evaluation, and improvement

8 of programs and services under this Act; and

9 ‘‘(6) dissemination of information on aging is10 sues, their impact on individuals and society, and

11 programs and services benefiting older individuals.

12 ‘‘(b) ACTIVITIES GIVEN SPECIAL ATTENTION.—The

13 activities supported under this title are intended to fulfill

14 the objectives for older Americans specified in section 101,

15 with special attention to the service and advocacy goals

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

17 section 601, and to the special population groups identi18 fied as vulnerable and at risk throughout the Act.

19 ‘‘Part A—Education and Training

20 ‘‘PURPOSE

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

22 the quality of service and to help meet critical shortages

23 of adequately trained personnel for programs in the field

24 of aging by activities including—
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1 ‘‘(1) identifying workforce training and develop2 ment needs in the field of aging;

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

4 and training programs and activities for profes5 sionals, paraprofessionals, administrators, techni6 cians, and service workers;

7 ‘‘(3) encouraging recruitment, training, and

8 placement of minority trainees in key positions with9 in agencies and organizations of the aging network;

10 ‘‘(4) improving academic gerontology training

11 and education programs to make them more respon12 sive to changing requirements;

13 ‘‘(5) increasing the capacity of aging planning

14 and service organizations to improve the perform15 ance of their staff and other providers through

16 training and other developmental activities; and

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

18 teachers, instructors, trainers, guidance counselors,

19 and other personnel development staff in aging con20 cepts and workforce opportunities and practices.

21 ‘‘GRANTS AND CONTRACTS

22 ‘‘SEC. 411. (a) IN GENERAL.—The Assistant Sec23 retary may make grants to any public or nonprofit private

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

25 contracts with any agency, organization, institution, or in-
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1 dividual, for activities to achieve the purposes of this part,

2 including—

3 ‘‘(1) development and improvement of multi4 disciplinary education and training programs (in5 cluding expansion and improvement of curricula, in6 structional methods and materials, faculty and

7 teacher development, and program administration)

8 in academic institutions and other educational orga9 nizations which prepare individuals for employment

10 in programs and occupations serving older individ11 uals;

12 ‘‘(2) development and improvement of continu13 ing education and in-service training opportunities

14 for individuals already working in the field of aging,

15 including the personnel of State offices, area agen16 cies on aging, senior centers, and nutrition, counsel17 ing, ombudsman, adult protective services, and legal

18 assistance programs; and

19 ‘‘(3) development of curriculum and guidance

20 materials for students in secondary and vocational

21 schools to encourage them to pursue employment

22 and careers in the field of aging.

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

24 To achieve the purposes of this title, the Assistant Sec-
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1 retary shall give special consideration to the support of

2 projects that—

3 ‘‘(1) improve opportunities for career training

4 activities to ensure an adequate and competent

5 workforce in aging;

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

7 agency and nonprofit service organizations to pro8 vide short-term in-service training to staff and vol9 unteers;

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

11 managers and administrators of organizations and

12 agencies which plan, advocate, and provide services

13 to older individuals, through workshops, seminars,

14 and training institutes;

15 ‘‘(4) provide in-service training opportunities

16 for program directors and providers of services to

17 older Indians under title VI through grants to tribal

18 and other nonprofit Indian aging organizations; and

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

20 the workforce (including professionals, paraprofes21 sionals and volunteers) providing home and commu22 nity services for older individuals with physical and

23 cognitive disabilities and mental health disorders.
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1 ‘‘Part B—Research, Development, and Demonstrations

2 ‘‘PURPOSE

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

4 the quality and efficiency of programs serving older indi5 viduals through research and development projects, and

6 demonstration projects, designed to—

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

8 ‘‘(A) develop and synthesize knowledge

9 about aging programs, practices and policies

10 from multidisciplinary perspectives; and

11 ‘‘(B) assess the effectiveness of services

12 and practices designed to improve access to and

13 delivery of service programs; and

14 ‘‘(2) develop, test, and evaluate innovative plan15 ning, advocacy, and service practices and programs.

16 ‘‘RESEARCH AND DEVELOPMENT PROJECTS

17 ‘‘SEC. 421. (a) IN GENERAL.—The Assistant Sec18 retary may make grants to any public or nonprofit private

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

20 contracts with any agency, organization, institution, or in21 dividual for research or policy analysis related to the pur22 poses of this part, including development of practices, as23 sessment instruments, and applications involving—

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

25 of services; and
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1 ‘‘(2) use of interactive communication systems

2 and assistive devices to maintain or increase the

3 independence of older individuals.

4 ‘‘(b) CONSULTATION AND COLLABORATION WITH

5 OTHER FEDERAL AGENCIES.—The Assistant Secretary

6 may consult with, and may enter into formal agreements

7 with, other Federal agencies supporting aging research

8 and development activities, including agreements involving

9 interagency transfer of funds to support collaborative re10 search activities consistent with the conditions specified in

11 section 451(b).

12 ‘‘DEMONSTRATION PROJECTS

13 ‘‘SEC. 422. (a) IN GENERAL.—The Assistant Sec14 retary may make grants to any public agency or nonprofit

15 private organization or enter into contracts with any agen16 cy or organization to design, test and demonstrate new

17 approaches to planning and delivery of supportive services,

18 nutrition services and other activities to maintain or in19 crease the independence and improve the quality of life

20 of older individuals.

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

22 The Assistant Secretary shall give priority consideration

23 to funding the following projects under this section:

24 ‘‘(1) COMMUNITY SERVICES FOR FUNCTION25 ALLY IMPAIRED INDIVIDUALS.—Planning, develop26 ment, and implementation of new approaches to de-
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1 livery of home and community-based supportive serv2 ices for older individuals with disabilities limiting

3 their ability to perform activities of daily living, in4 cluding projects involving coordination and integra5 tion of such services with those for nonelderly indi6 viduals with similar disabilities, including approaches

7 that—

8 ‘‘(A) promote individual choice in the selec9 tion of services;

10 ‘‘(B) eliminate access barriers for popu11 lations with greatest need;

12 ‘‘(C) reduce or eliminate duplication and

13 fragmentation of services;

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

15 cost-effectiveness of nonprofit service providers;

16 ‘‘(E) improve the quality and effectiveness

17 of personnel of public and private entities in18 volved in service delivery; and

19 ‘‘(F) develop cooperative relationships with

20 private entities to increase the effective use of

21 available public and private resources.

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

23 ABUSE.—Planning, development, implementation,

24 and evaluation of comprehensive community, State,
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1 and tribal models designed to prevent crime, vio2 lence, and abuse against the elderly which include—

3 ‘‘(A) public education on prevention for

4 older individuals;

5 ‘‘(B) supportive services for older individ6 uals who have been victimized;

7 ‘‘(C) improvements in information and

8 data reporting systems;

9 ‘‘(D) coordination of public and private

10 sector services and resources; and

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

12 of personnel in criminal justice, health, mental

13 health, law enforcement, social and protective

14 services, and aging and advocacy service sys15 tems.

16 ‘‘(c) ADDITIONAL PROJECTS.—The Assistant Sec17 retary may support under this section any project de18 signed to achieve the purposes of this part, including the

19 following:

20 ‘‘(1) COMPREHENSIVE COMMUNITY SERVICES

21 TO INDIVIDUALS AT RISK OF LOSING INDEPEND22 ENCE.—Projects to assist older individuals at risk of

23 losing their independence without assistance in ac24 complishing activities of daily living, including those

25 disabled by Alzheimer’s Disease and related dis-
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1 orders, physical disability, mental illness or emo2 tional stress, and developmental disabilities, through

3 comprehensive State and community model pro4 grams for such supportive services to such individ5 uals, their families and caregivers, including—

6 ‘‘(A) in-home health care;

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

8 ‘‘(C) homemaker aides and personal care

9 attendants;

10 ‘‘(D) transportation to and from commu11 nity health, mental health and social service fa12 cilities;

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

14 training, and counseling and other supportive

15 services for primary caregivers of persons with

16 Alzheimer’s Disease, physical and developmen17 tal disabilities, or other serious functional im18 pairments; and

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

20 counseling and other services to increase access

21 to appropriate medical, nutritional, and sup22 portive services.

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

24 the special housing needs of older individuals by ac25 tivities including—
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1 ‘‘(A) developing programs to enable or as2 sist older homeowners—

3 ‘‘(i) to maintain their residences

4 through repairs or renovations, and

5 ‘‘(ii) to increase their physical safety

6 through structural modifications or alter7 ations and installation of security devices;

8 ‘‘(B) studying and demonstrating methods

9 of adapting existing housing, or construction of

10 new housing, to meet the needs of older individ11 uals with functional impairments;

12 ‘‘(C) coordinating counseling services with

13 those available to residents of Federal and

14 State assisted housing facilities with high con15 centrations of older residents;

16 ‘‘(D) developing information, counseling

17 and referral programs for older renters and

18 homeowners on housing options, including eligi19 bility requirements; application processes; fi20 nancing; and legal rights and responsibilities of

21 tenancy and restricted ownership, including

22 foreclosure and eviction.

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

24 provide education and training to older individuals
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1 designed to enable them to lead more productive

2 lives through development and demonstration of—

3 ‘‘(A) older adult literacy programs, includ4 ing use of peer tutoring;

5 ‘‘(B) pre-retirement counseling and edu6 cation programs; and

7 ‘‘(C) older adult occupational training and

8 employment placement and counseling activities

9 not currently supported under title V or pro10 grams administered by the Department of

11 Labor.

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

13 improve and develop transportation systems which—

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

15 especially low-income individuals and those liv16 ing in rural areas, to community services essen17 tial to independent living;

18 ‘‘(B) provide low-cost commuter transpor19 tation for in-home personal care aides serving

20 functionally impaired older individuals in under21 served public transit areas; and

22 ‘‘(C) provide assisted transportation serv23 ices for frail and disabled older individuals.
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1 ‘‘(5) VOLUNTEER OPPORTUNITIES.—Projects

2 developed in conjunction with the Corporation for

3 National and Community Service to develop—

4 ‘‘(A) innovative opportunities for older vol5 unteers to fulfill community needs which are

6 not being met by existing programs (including

7 volunteer programs), including opportunities to

8 provide—

9 ‘‘(i) multigenerational services ad10 dressing the needs of youth and children;

11 and

12 ‘‘(ii) peer support and home and com13 munity services to other older individuals

14 with functional impairments or otherwise

15 at risk of losing their ability to live inde16 pendently; and

17 ‘‘(B) innovative multigenerational volun18 teer programs affording opportunities for chil19 dren, youth, and adults to serve unmet needs of

20 functionally impaired older individuals regard21 less of their living situation.

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

23 demonstrate effective home and community rehabili24 tative, health and mental health promotion, and dis-
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1 ease prevention activities for older individuals at risk

2 of losing their ability to live independently.

3 ‘‘(7) CONSUMER PROTECTION.—Projects to de4 velop innovative approaches to consumer protection

5 for older individuals in home and community set6 tings, addressing consumer rights and protections

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

8 policies; mortgages, leases, and similar property and

9 housing rights; and personal loans and other finan10 cial transactions.

11 ‘‘Part C—Centers

12 ‘‘PURPOSE

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

14 the quality of services available to older individuals

15 through multi-function, multi-disciplinary centers and

16 other cross-cutting activities as resources for planners, ad17 ministrators, policy-makers and providers in the field of

18 aging.

19 ‘‘FUNCTIONS OF GRANTEES AND CONTRACTORS;

20 ADVISORY BOARDS

21 ‘‘SEC. 432. (a) FUNCTIONS.—Grantees and contrac22 tors under this part shall, as appropriate, perform the fol23 lowing functions:

24 ‘‘(1) Evaluate, analyze, and report on program

25 policies and practices to assess their effectiveness in

26 meeting the needs and improving the quality of life
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1 of older individuals and their families and

2 caregivers.

3 ‘‘(2) Compile, select, and make available re4 search, evaluation and demonstration findings which

5 provide useful guidance in determining the needs of

6 older individuals and improving practices in the field

7 of aging.

8 ‘‘(3) Develop strategies and models to improve

9 the quality, efficiency, and effectiveness of service

10 programs and activities.

11 ‘‘(4) Develop technical assistance and training

12 materials and participate in workshops, conferences

13 and events which promote transfer of useful infor14 mation and practices.

15 ‘‘(5) Sponsor activities which enhance the edu16 cation and training of a competent workforce in the

17 field of aging.

18 ‘‘(6) Assist other grantees conducting dem19 onstration or pilot projects under the Act by provid20 ing documentation, assessment, and other assistance

21 in the planning and implementation of such pilot

22 projects.

23 ‘‘(7) Conduct information dissemination activi24 ties in coordination with such activities of the Na25 tional Aging Information Center.
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1 ‘‘(b) ADVISORY BOARDS.—Each center supported by

2 a grant under this part shall establish an advisory board

3 which—

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

5 to the planning and conduct of activities under such

6 grant; and

7 ‘‘(2) whose members shall include representa8 tives of—

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

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

11 service organizations; and

12 ‘‘(C) other groups as appropriate.

13 ‘‘GRANTS AND CONTRACTS

14 ‘‘SEC. 433. (a) NATIONAL CENTERS PROVIDING SUP15 PORT TO ADMINISTRATORS OF GRANT PROGRAMS.—

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

17 may make grants to or enter into contracts with any

18 public or nonprofit private entities, for the purpose

19 of operating national centers serving primarily as in20 formational resources to State and area agencies ad21 ministering programs under titles III and VII, tribal

22 organizations and other organizations administering

23 programs under title VI, and providers of services

24 under such programs.

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

26 under this subsection shall focus on selected subject-
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1 matter areas (including all policy and program is2 sues, such as development, delivery, financing, and

3 coordination of services, concerning such subject4 matter area) relating to programs under titles III,

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

6 focusing on the following program areas:

7 ‘‘(A) Comprehensive home and community8 based services, including long-term care serv9 ices, intended to enable functionally impaired

10 elderly to remain in their homes and commu11 nities.

12 ‘‘(B) Nutrition services, including con13 gregate and home-delivered meals, dietary

14 standards, and related matters.

15 ‘‘(C) Information and referral services.

16 ‘‘(D) Older Native Americans, including

17 individuals living in tribal and in non-tribal

18 areas.

19 ‘‘(E) Legal assistance.

20 ‘‘(3) NATIONAL OMBUDSMAN AND ELDER

21 ABUSE CENTERS.—Funds available under this sub22 section may be used, to the extent the Assistant Sec23 retary finds necessary, to support the activities of

24 the National Ombudsman Resource Center under
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1 section 202(a)(21) and the activities of the National

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

3 ‘‘(b) NATIONAL EDUCATION AND TRAINING CEN4 TERS.—

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

6 may make grants to or enter into contracts with any

7 public or nonprofit private entities, for the purpose

8 of operating national centers to encourage leadership

9 and improve education, training, and employment

10 practices for the workforce needed to plan, admin11 ister and provide services under this Act, and to pro12 mote policy discussion and development to prepare

13 the Nation for the increased and changing demands

14 of its aging population.

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

16 under this subsection may include—

17 ‘‘(A) multidisciplinary academic centers of

18 gerontology to conduct applied research, edu19 cation, training, technical assistance and dis20 semination activities with special attention to

21 human resource and development issues affect22 ing special population groups; and

23 ‘‘(B) a national leadership institute on

24 aging to develop and conduct training activities

25 for executive managers and senior officials of
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1 government and nonprofit agencies, voluntary

2 groups, professional associations, and other or3 ganizations responsible for planning, financing,

4 and providing programs and services for older

5 individuals.

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

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

8 and contracts authorized under subsections (a) and

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

10 enter into contracts with any public or nonprofit pri11 vate entities, for research, policy analysis, technical

12 assistance, information dissemination or training ac13 tivities, as appropriate on any area or areas of broad

14 national interest (including social, economic, health,

15 mental health, and environmental issues) affecting

16 older individuals.

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

18 addressed under a grant under this subsection in19 clude—

20 ‘‘(A) broad societal issues addressed in sec21 tion 101, including transportation, housing, em22 ployment, income security, public safety, health,

23 and mental health; and

24 ‘‘(B) concerns of special population groups

25 among older individuals, including low income,
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1 older women, rural elderly, minorities, and dis2 abled populations.

3 ‘‘PART D—INFORMATION DISSEMINATION AND RELATED

4 ACTIVITIES

5 ‘‘PURPOSE

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

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

8 accessibility of services for older individuals through sup9 port of information dissemination and utilization activities

10 which—

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

12 or otherwise make available relevant materials con13 cerning matters such as research and demonstration

14 findings, and training and technical assistance mate15 rials;

16 ‘‘(2) synthesize, publish, and disseminate infor17 mation concerning completed projects under this

18 title which are of demonstrated value, including—

19 ‘‘(A) technical assistance and training in

20 the implementation and adaptation of project

21 methods; and

22 ‘‘(B) the development of additional mate23 rials which increase the awareness and accept24 ance of such project results;
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1 ‘‘(3) locate, publicize, and make available prac2 tical self-help information for older individuals and

3 their families and encourage development of appro4 priate public education activities;

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

6 meetings designed to identify, disseminate and pro7 mote utilization of research findings, policy prac8 tices, and best practices; and

9 ‘‘(5) provide technical assistance to grantees

10 under this title and other recipients of support

11 under this Act on the design, development and pro12 motion of products and information materials.

13 ‘‘(b) COORDINATION WITH OTHER INFORMATION

14 SOURCES.—Activities supported under this part will be co15 ordinated with the information dissemination activities of

16 Centers authorized under part C and other Federal infor17 mation clearinghouses and document repositories.

18 ‘‘GRANTS AND CONTRACTS

19 ‘‘SEC. 442. (a) IN GENERAL.—The Assistant Sec20 retary may make grants to any public agency or nonprofit

21 private organization or enter into contracts with any agen22 cy or organization for activities to carry out the purposes

23 of this part, including the following:

24 ‘‘(1) Activities of the National Aging Informa25 tion Center established under section 202(e).
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1 ‘‘(2) Sponsorship and cosponsorship with other

2 Federal agencies and other public and private orga3 nizations of national and regional conferences and

4 other meetings which disseminate discretionary

5 project findings and information related to issues

6 and concerns affecting the well-being of older indi7 viduals.

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

9 a forum for policy analysis and debate on current

10 and emerging issues and for informing policy offi11 cials and the public about such issues.

12 ‘‘PART E—GENERAL PROVISIONS

13 ‘‘AUTHORIZATION OF APPROPRIATIONS

14 ‘‘SEC. 451. (a) AUTHORIZATION.—There are author15 ized to be appropriated to carry out the provisions of this

16 title $44,384,000 for fiscal year 1996, and such sums as

17 necessary for each of fiscal years 1997 and 1998.

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

19 this title—

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

21 authority of the Federal Government which is not

22 directly responsible to the Assistant Secretary, un23 less those funds are used for purposes authorized

24 under this title in accordance with conditions speci-
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1 fied by formal interagency agreements with other

2 Federal agencies;

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

4 which is not specifically authorized by this title (ex5 cept as specifically authorized by this Act); or

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

7 under any other Act if the purpose of combining

8 funds is to make a single discretionary grant or a

9 single discretionary payment, unless such funds ap10 propriated under this title are separately identified

11 in such grant or payment and are used for the pur12 poses of this title.

13 ‘‘PAYMENTS OF GRANTS

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

15 CONTRACTORS.—To the extent the Assistant Secretary

16 deems appropriate, the Assistant Secretary shall require

17 the recipient of any project grant or contract under this

18 title to contribute money, facilities, or services for carrying

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

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

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

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

23 of previously made overpayments or underpayments) in

24 advance or by way of reimbursement, and in such install25 ments and on such conditions, as the Assistant Secretary

26 may determine.
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1 ‘‘ADMINISTRATION

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

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

4 the Assistant Secretary shall administer this title through

5 the Administration on Aging.

6 ‘‘(b) ASSISTANCE FROM OTHER AGENCIES.—In car7 rying out the provisions of this title, the Assistant Sec8 retary may request the technical assistance and coopera9 tion of other agencies and departments of the Federal

10 Government as may be appropriate.

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

12 Secretary shall ensure that applications from agencies, or13 ganizations, and institutions representing minorities, are

14 encouraged in the writing of grant proposal solicitations

15 and contract requests for proposals.

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

17 in developing priorities, consistent with the requirements

18 of this title, for awarding grants under this title, consult

19 with State agencies on aging, area agencies on aging, re20 cipients of grants under title VI, institutions of higher

21 education, organizations representing beneficiaries of serv22 ices under this Act, and other organizations and individ23 uals with expertise in aging issues.
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1 ‘‘(e) EVALUATIONS AND REPORTS.—The Assistant

2 Secretary shall ensure that grants and contracts awarded

3 under this title—

4 ‘‘(1) conduct evaluation and prepare reports in5 dicating their benefit to older individuals, and to

6 programs under this Act; and

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

8 Act.

9 ‘‘(f) REPORT TO CONGRESS.—The Assistant Sec10 retary shall submit, to the Speaker of the House of Rep11 resentatives and the President pro tempore of the Senate,

12 a report for each fiscal year that describes activities for

13 which funds were provided under this title including—

14 ‘‘(1) an abstract describing the purpose and ac15 tivities of each grant or contract awarded or contin16 ued;

17 ‘‘(2) the name and address of the organiza18 tional recipient;

19 ‘‘(3) the name and affiliation of the project di20 rector;

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

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

23 the fiscal year on which the report is made.

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

25 shall establish by regulation and implement an external
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1 review process to evaluate applications for discretionary

2 grant awards under this title.’’.

3 PART D—COMMUNITY SERVICE EMPLOYMENT

4 FOR OLDER AMERICANS

5 SEC. 241. TRANSFER OF AUTHORITY.

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

7 striking ‘‘Secretary of Labor (hereinafter in this title re8 ferred to as the ‘Secretary’)’’ and inserting ‘‘Assistant

9 Secretary’’.

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

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

12 the Department of Labor to the Department of

13 Health and Human Services any contracts, grants,

14 records, and unexpended balances of appropriations,

15 authorizations, allocations, and other funds em16 ployed, held, or used in connection with or arising

17 from the administration of the program under title

18 V of the Older Americans Act of 1965.

19 (2) INTERAGENCY ARRANGEMENTS.—The Sec20 retaries of Labor and Health and Human Services

21 shall enter into and implement such arrangements

22 as they find reasonable and necessary for the orderly

23 transfer of such program in accordance with this

24 section.
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1 (3) CONTINUATION OF REGULATIONS, GRANTS,

2 CONTRACTS, ETC.—All rules, regulations, adminis3 trative directives, grants, contracts, and other deter4 minations and agreements in effect under such title

5 V on the effective date of this section shall remain

6 in effect until modified, terminated, suspended, set

7 aside, or repealed by the Secretary of Health and

8 Human Services or the Assistant Secretary. Ref9 erences to the Secretary of Labor in such determina10 tions and agreements shall be considered references

11 to the Secretary of Health and Human Services or

12 the Assistant Secretary for Aging, as appropriate.

13 (4) CONTINUATION OF AUDITS.—Audits relat14 ing to such title V pending on the effective date of

15 this section shall be unaffected by the enactment of

16 this section.

17 (5) CONTINUATION OF SUITS.—Judicial pro18 ceedings and proceedings before administrative law

19 judges under or with respect to such title V pending

20 on the effective date of this section shall be unaf21 fected by the enactment of this section, except that

22 the Secretary of Health and Human Services and

23 the Assistant Secretary for Aging shall be sub24 stituted for the Secretary of Labor as parties to

25 such proceedings.
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1 (c) CONFORMING AMENDMENTS.—

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

3 ‘‘Department of Labor’’ and inserting ‘‘Department

4 of Health and Human Services’’.

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

6 ‘‘Health and Human Services’’ and inserting

7 ‘‘Labor’’.

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

9 ‘‘the Secretary shall, through the Assistant Sec10 retary for Aging,’’ and inserting ‘‘the Assistant Sec11 retary shall’’.

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

13 ‘‘The Secretary of Labor and the Assistant Sec14 retary for Aging’’ and inserting ‘‘The Assistant Sec15 retary’’.

16 (5) Section 503(b)(1) is amended—

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

18 Secretary’’ and inserting ‘‘The Assistant Sec19 retary and the Secretary of Labor’’; and

20 (B) in the second sentence—

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

22 inserting ‘‘The Assistant Secretary’’, and

23 (ii) by striking ‘‘by the Assistant Sec24 retary for Aging,’’.

25 (6) Section 505(a) is amended—
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1 (A) by striking ‘‘The Secretary’’ and in2 serting ‘‘The Assistant Secretary’’; and

3 (B) by striking ‘‘the Assistant Secretary

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

5 Labor’’.

6 (7) Section 505(b) is amended by striking ‘‘Sec7 retary of Health and Human Services’’ and inserting

8 ‘‘Secretary of Labor’’.

9 (8) Title V is further amended throughout by

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

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

12 and inserting ‘‘Assistant Secretary’’.

13 SEC. 242. PHASED REDUCTION OF FEDERAL SHARE.

14 Section 502(c) is amended—

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

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

17 paragraph (2),’’;

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

19 paragraphs (3) and (4); and

20 (3) by adding after paragraph (1) the following

21 new paragraph:

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

23 subsection, shall be—

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

25 ‘‘(B) 89 percent for fiscal year 1997,
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1 ‘‘(C) 87.5 percent for fiscal year 1998,

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

3 and

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

5 each succeeding fiscal year.’’.

6 SEC. 243. AUTHORIZATION OF APPROPRIATIONS.

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

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

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

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

11 PART E—GRANTS FOR NATIVE AMERICANS

12 SEC. 251. AUTHORIZATION OF APPROPRIATIONS.

13 Section 633(a) is amended by striking all that pre14 cedes ‘‘to carry out this title’’ and inserting ‘‘There are

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

16 1996, and such sums as may be necessary for each of fis17 cal years 1997 and 1998’’.

18 PART F—VULNERABLE ELDER RIGHTS

19 PROTECTION

20 SEC. 261. ASSISTANCE PROGRAM FOR INSURANCE AND

21 PUBLIC BENEFITS.

22 (a) CLARIFICATION OF IMPLEMENTATION OP23 TIONS.—Section 741(d) is amended by adding at the end

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

25 funds under this section to area agencies on aging or other
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1 local entities, it shall give priority to local areas which

2 have high concentrations of older individuals with greatest

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

4 application assistance, and benefits counseling are inad5 equate.’’.

6 (b) REPEAL OF INCONSISTENT PROVISION.—Section

7 705(a) is amended—

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

9 (6);

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

11 (3) by redesignating paragraph (8) as para12 graph (7).

13 SEC. 262. AUTHORIZATION OF APPROPRIATIONS.

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

15 amended by striking all that follows ‘‘chapter 2,’’ and in16 serting $4,449,000 for fiscal year 1996, and such sums

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

18 1998.’’.

19 (b) PREVENTION OF ELDER ABUSE, NEGLECT, AND

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

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

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

23 each of fiscal years 1997 and 1998.’’.

24 (c) STATE ELDER RIGHTS AND LEGAL ASSISTANCE

25 DEVELOPMENT PROGRAM.—Section 702(c) is amended by
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1 striking all that follows ‘‘chapter 4,’’ and inserting such

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

3 1997, and 1998.’’.

4 (d) OUTREACH, COUNSELING, AND ASSISTANCE PRO5 GRAM.—Section 702(d) is amended by striking all that fol6 lows ‘‘chapter 5,’’ and inserting $1,976,000 for fiscal year

7 1996, and such sums as may be necessary for each of fis8 cal years 1997 and 1998.’’.

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

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

11 inserting ‘‘such sums as may be necessary for each of fis12 cal years 1996, 1997, and 1998.’’.

13 PART G—TECHNICAL AMENDMENTS

14 SEC. 271. DEFINITIONS.

15 (a) RELOCATION, REORDERING, AND REDESIGNA16 TION OF DEFINITIONS.—

17 (1)(A) Paragraphs (1) and (2) of section 302

18 are relocated and redesignated as paragraphs (48)

19 and (49) of section 102.

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

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

22 ‘‘(A)’’ after ‘‘(5)’’.

23 (B) Section 102(6) is amended—

24 (i) by striking ‘‘(A)’’ and ‘‘(B)’’ and insert25 ing ‘‘(i)’’ and ‘‘(ii)’’; and
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1 (ii) by striking ‘‘(6)’’ and inserting ‘‘(B)’’.

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

3 ‘‘(7)’’ and inserting ‘‘(C)’’.

4 (3)(A) Section 102(8) is amended—

5 (i) by striking the subparagraph designa6 tions ‘‘(A)’’ through ‘‘(H)’’ and inserting clause

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

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

9 (B) Section 102(9) is amended—

10 (i) by striking the subparagraph designa11 tions ‘‘(A)’’ and ‘‘(B)’’ and inserting the clause

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

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

14 (4) The paragraphs of section 102 are reor15 dered in alphabetical order by term defined, and re16 numbered accordingly.

17 PART H—EFFECTIVE DATE

18 SEC. 281. EFFECTIVE DATE.

19 Except as otherwise specifically provided, the amend20 ments made by this title shall become effective October

21 1, 1995.
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1 TITLE III—WHITE HOUSE CONFERENCE

2 ON AGING

3 SEC. 301. WHITE HOUSE CONFERENCE AUTHORIZED.

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

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

6 White House Conference on Aging in order to develop rec7 ommendations for additional research and action in the

8 field of aging which will further the policy set forth in sub9 section (b).

10 (b) PLANNING AND DIRECTION.—The Conference

11 shall be planned and conducted under the direction of the

12 Secretary in cooperation with the Assistant Secretary for

13 Aging and the heads of such other Federal departments

14 and agencies as are appropriate. Such assistance may in15 clude the assignment of personnel.

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

17 of the Conference shall be—

18 (1) to increase the public awareness of the

19 interdependence of generations and the essential

20 contributions of older individuals to society for the

21 well-being of all generations:

22 (2) to identify the problems facing older individ23 uals and the commonalities of the problems with

24 problems of younger generations;
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1 (3) to examine the well-being of older individ2 uals, including the impact the well-being of older in3 dividuals has on our aging society;

4 (4) to develop such specific and comprehensive

5 recommendations for executive and legislative action

6 as may be appropriate for maintaining and improv7 ing the well-being of the aging;

8 (5) to develop recommendations for the coordi9 nation of Federal policy with State and local needs

10 and the implementation of such recommendations;

11 and

12 (6) to review the status and multigenerational

13 value of recommendations adopted at previous White

14 House Conferences on Aging.

15 (d) CONFERENCE PARTICIPANTS AND DELE16 GATES.—

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

18 purposes of this section, the Conference shall bring

19 together—

20 (A) representatives of Federal, State, and

21 local governments,

22 (B) professional and lay people who are

23 working in the field of aging, and

24 (C) representatives of the general public,

25 particularly older individuals.
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1 (2) SELECTION OF DELEGATES.—The delegates

2 shall be selected without regard to political affili3 ation or past partisan activity and shall, to the best

4 of the appointing authority’s ability, be representa5 tive of the spectrum of thought in the field of aging.

6 Delegates shall include individuals who are profes7 sionals, individuals who are nonprofessional, minor8 ity individuals, and individuals from low-income fam9 ilies. A majority of delegates shall be aged 55 or

10 older.

11 SEC. 302. CONFERENCE ADMINISTRATION.

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

13 the Secretary shall—

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

15 Policy Committee of each meeting, hearing, or work16 ing session of the Policy Committee not later than

17 48 hours before the occurrence of such meeting,

18 hearing, or working session,

19 (2) request the cooperation and assistance of

20 the heads of such other Federal departments and

21 agencies as may be appropriate in the carrying out

22 of this section,

23 (3) furnish all reasonable assistance, including

24 financial assistance, to State agencies on aging and

25 to area agencies on aging, and to other appropriate
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1 organizations (including organizations representing

2 older Indians), to enable them to organize and con3 duct conferences and other activities in conjunction

4 with the Conference (including activities in advance

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

6 for the Conference, and activities subsequent to the

7 Conference in connection with dissemination, discus8 sion, and implementation of recommendations of the

9 Conference);

10 (4) make available for public comment a pro11 posed agenda, prepared by the Policy Committee, for

12 the Conference which will reflect to the greatest ex13 tent possible the major issues facing older individ14 uals consistent with the provisions of subsection (a),

15 (5) prepare and make available background ma16 terials for the use of delegates to the Conference

17 which the Secretary deems necessary, and

18 (6) engage such additional personnel as may be

19 necessary to carry out the provisions of this section

20 without regard to provisions of title 5, United States

21 Code, governing appointments in the competitive

22 service, and without regard to chapter 51 and sub23 chapter III of chapter 53 of such title relating to

24 classification and General Schedule pay rates.
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1 (b) DUTIES.—The Secretary shall, in carrying out

2 the Secretary’s responsibilities and functions under this

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

4 Aging, ensure that—

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

6 shall—

7 (A) include a conference on older Indians

8 to identify conditions that adversely affect older

9 Indians, to propose solutions to ameliorate such

10 conditions, and to provide for the exchange of

11 information relating to the delivery of services

12 to older Indians, and

13 (B) be so conducted as to ensure broad

14 participation of older individuals,

15 (2) the agenda prepared under subsection

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

17 Register not later than 30 days after such agenda

18 is approved by the Policy Committee, and the Sec19 retary may republish such agenda together with the

20 recommendations of the Secretary regarding such

21 agenda,

22 (3) the personnel engaged under subsection

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

24 views represented and shall be appointed without re-
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1 gard to political affiliation or previous partisan ac2 tivities,

3 (4) the recommendations of the Conference are

4 not inappropriately influenced by any appointing au5 thority or by any special interest, but will instead be

6 the result of the independent judgment of the Con7 ference, and

8 (5) current and adequate statistical data, in9 cluding decennial census data, and other information

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

11 States are readily available, in advance of the Con12 ference, to the delegates of the Conference, together

13 with such information as may be necessary to evalu14 ate Federal programs and policies relating to aging.

15 In carrying out this paragraph, the Secretary is au16 thorized to make grants to, and enter into coopera17 tive agreements with, public agencies and nonprofit

18 private organizations.

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

20 the United States, gifts (in cash or in kind, including vol21 untary and uncompensated services), which shall be avail22 able to carry out this title. Gifts of cash shall be available

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

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

25 regarding—
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1 (1) the sources, amounts, and uses of gifts ac2 cepted under subsection (c); and

3 (2) the identity of each person receiving assist4 ance to carry out this title, and the amount of such

5 assistance received by each such person.

6 SEC. 303. POLICY COMMITTEE; RELATED COMMITTEES.

7 (a) POLICY COMMITTEE.—

8 (1) ESTABLISHMENT.—There is established a

9 Policy Committee comprised of 25 members to be se10 lected, not later than 90 days after the enactment

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

12 (A) PRESIDENTIAL APPOINTEES.—13

13 members shall be selected by the President and

14 shall include—

15 (i) 3 members who are officers or em16 ployees of the United States; and

17 (ii) 10 members with experience in the

18 field of aging, who may include representa19 tives of public aging agencies, institution20 based organizations, and minority aging

21 organizations, and shall include a member

22 of the Federal Council on the Aging.

23 (B) HOUSE APPOINTEES.—4 members

24 shall be selected by the Speaker of the House

25 of Representatives, after consultation with the
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1 minority leader of the House of Representa2 tives, and shall include members of the Com3 mittee on Economic and Educational Opportu4 nities and the Committee on Ways and Means

5 of the House of Representatives. Not more than

6 3 members selected under this subparagraph

7 may be associated or affiliated with the same

8 political party,

9 (C) SENATE APPOINTEES.—Four members

10 shall be selected by the majority leader of the

11 Senate, after consultation with the minority

12 leader of the Senate, and shall include members

13 of the Committee on Labor and Human Re14 sources and the Special Committee on Aging of

15 the Senate. Not more than 3 members selected

16 under this subparagraph may be associated or

17 affiliated with the same political party.

18 (D) JOINT APPOINTEES.—Four members

19 shall be selected jointly by the Speaker of the

20 House of Representatives and the majority

21 leader of the Senate, after consultation with the

22 minority leaders of the House and Senate, and

23 shall include representatives with experience in

24 the field of aging, who may include representa25 tives described in subsection (a)(1)(A)(ii). Not
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1 more than 2 members selected under this sub2 paragraph may be associated or affiliated with

3 the same political party.

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

5 Policy Committee shall initially meet at the call of

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

7 last member is selected under subsection (a). Subse8 quent meetings of the Policy Committee shall be

9 held at the call of the chairperson of the Policy

10 Committee. Through meetings, hearings, and work11 ing sessions, the Policy Committee shall—

12 (A) make recommendations to the Sec13 retary to facilitate the timely convening of the

14 Conference;

15 (B) formulate and approve a proposed

16 agenda for the Conference not later than 60

17 days after the first meeting of the Policy Com18 mittee;

19 (C) make recommendations for partici20 pants and delegates of the Conference;

21 (D) establish the number of delegates to be

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

23 (E) formulate and approve the initial re24 port of the Conference in accordance with sec25 tion 304.
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1 (3) QUORUM; COMMITTEE VOTING; CHAIR2 PERSON.—

3 (A) QUORUM.—Thirteen members shall

4 constitute a quorum for the purpose of conduct5 ing the business of the Policy Committee, ex6 cept that 17 members shall constitute a quorum

7 for purposes of approving the agenda required

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

9 paragraph (2)(E).

10 (B) VOTING.—The Policy Committee shall

11 act by the vote of the majority of the members

12 present.

13 (C) CHAIRPERSON.—The President shall

14 select a chairperson from among the members

15 of the Policy Committee. The chairperson may

16 vote only to break a tie vote of the other mem17 bers of the Policy Committee.

18 (b) OTHER COMMITTEES.—The Secretary may estab19 lish such other committees, including technical commit20 tees, as may be necessary to assist in the planning, con21 ducting, and reviewing of the Conference.

22 (c) COMPOSITION OF COMMITTEES.—Each commit23 tee established under subsection (b) shall be composed of

24 professionals and public members, and shall include indi25 viduals from low-income families, and individuals who are
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1 Native Americans. Appropriate efforts shall be made to

2 include individuals who are members of minority groups.

3 A majority of the public members of each such committee

4 shall be 55 years of age or older.

5 (d) COMPENSATION.—Appointed members of any

6 such committee (other than any officers or employees of

7 the Federal Government), while attending conferences or

8 meetings of the committee or otherwise serving at the re9 quest of the Secretary, shall be entitled to receive com10 pensation at a rate to be fixed by the Secretary, but not

11 to exceed the daily prescribed rate for GS–18 under sec12 tion 5332 of title 5, United States Code (including travel

13 time). While away from their homes or regular places of

14 business, such members may be allowed travel expenses,

15 including per diem in lieu of subsistence, as authorized

16 under section 5708 of such title for persons employed

17 intermittently in Federal Government service.

18 SEC. 304. REPORT OF THE CONFERENCE.

19 (a) PROPOSED REPORT.—A proposed report of the

20 Conference, which shall include a statement of comprehen21 sive coherent national policy on aging together with rec22 ommendations for the implementation of the policy, shall

23 be published and submitted to the chief executive officers

24 of the States not later than 90 days following the date

25 on which the Conference is adjourned. The findings and
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1 recommendations included in the published proposed re2 port shall be immediately available to the public.

3 (b) RESPONSE TO PROPOSED REPORT.—The chief

4 executive officers of the States, after reviewing and solicit5 ing recommendations and comments on the report of the

6 Conference, shall submit to the Policy Committee, not

7 later than 90 days after receiving the report, their views

8 and findings on the recommendations of the Conference.

9 (c) REPORTS.—

10 (1) INITIAL REPORT.—The Policy Committee

11 shall, after reviewing the views and recommenda12 tions of the chief executive officers of the States,

13 prepare and approve an initial report of the Con14 ference, which shall include a compilation of the ac15 tions of the chief executive officers of the States and

16 take into consideration the views and findings of

17 such officers.

18 (2) PUBLICATION OF INITIAL REPORT; FINAL

19 REPORT.—Not later than 60 days after such initial

20 report is transmitted by the Policy Committee, the

21 Secretary shall publish such initial report in the

22 Federal Register. The Secretary shall republish a

23 final report together with such additional views and

24 recommendations as the Secretary considers to be

25 appropriate.
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1 (d) RECOMMENDATIONS OF THE POLICY COMMIT2 TEE.—The Policy Committee shall, within 90 days after

3 submission of the views of the chief executive officers of

4 the States, publish and transmit to the President and to

5 the Congress recommendations for the administrative ac6 tion and the legislation necessary to implement the rec7 ommendations contained within the report.

8 SEC. 305. DEFINITIONS.

9 For the purposes of this title—

10 (1) the term ‘‘area agency on aging’’ has the

11 meaning given the term in section 102 of the Older

12 Americans Act of 1965,

13 (2) the term ‘‘State agency on aging’’ means

14 the State agency designated under section 305(a)(1)

15 of the Act,

16 (3) the term ‘‘Secretary’’ means the Secretary

17 of Health and Human Services,

18 (4) the term ‘‘Conference’’ means the White

19 House Conference on Aging, and

20 (5) the term ‘‘State’’ means any of the several

21 States, the District of Columbia, the Commonwealth

22 of Puerto Rico, Guam, American Samoa, the Virgin

23 Islands, the Commonwealth of the Northern Mari24 ana Islands, and the Trust Territory of the Pacific

25 Islands.
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1 SEC. 306. AUTHORIZATION OF APPROPRIATIONS.

2 (a) AUTHORIZATION.—

3 (1) IN GENERAL.—There are authorized to be

4 appropriated such sums as may be necessary for fis5 cal years 2005 through 2007 to carry out this title.

6 (2) CONTRACTS.—Authority to enter into con7 tracts under this title shall be effective only to the

8 extent, or in such amounts as are, provided in ad9 vance in appropriation Acts.

10 (b) AVAILABILITY OF FUNDS.—

11 (1) IN GENERAL.—Except as provided in para12 graph (3), funds appropriated to carry out this title

13 and funds received as gifts under section 303(c)

14 shall remain available for obligation or expenditure

15 until the expiration of the one-year period beginning

16 on the date the Conference adjourns.

17 (2) UNOBLIGATED FUNDS.—Except as provided

18 in paragraph (3), any such funds neither expended

19 nor obligated before the expiration of the one-year

20 period beginning on the date the Conference ad21 journs shall be available to carry out the Older

22 Americans Act of 1965.

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