I
106TH CONGRESS
1ST SESSION
H. R. 2707
To amend the Older Americans Act of 1965 to establish pension counseling
programs, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
AUGUST 4, 1999
Mr. WU introduced the following bill; which was referred to the Committee
on Education and the Workforce
A BILL
To amend the Older Americans Act of 1965 to establish
pension counseling programs, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Pension Assistance and
Counseling Act of 1999’’.
SEC. 2. PENSION COUNSELING PROGRAMS.
Title VII of the Older Americans Act of 1965 (42
U.S.C. 3058 et seq.) is amended—
(1) by redesignating subtitle C as subtitle D;
(2) by redesignating sections 761 through 764
as sections 791 through 794, respectively; and
(3) by inserting after subtitle B the following:
‘‘Subtitle C—Pension Counseling
‘‘SEC. 761. PENSION COUNSELING PROGRAM.
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) PENSION AND OTHER RETIREMENT BENE-
FITS.—The term ‘pension and other retirement ben-
efits’ means private, civil service, and other public
pensions and retirement benefits, including benefits
provided under—
‘‘(A) the Social Security program carried
out under title II of the Social Security Act (42
U.S.C. 401 et seq.);
‘‘(B) the railroad retirement program car-
ried out under the Railroad Retirement Act of
1974 (45 U.S.C. 231 et seq.);
‘‘(C) the government retirement benefits
programs carried out under—
‘‘(i) the Civil Service Retirement Sys-
tem set forth in subchapter III of chapter
83 of title 5, United States Code;
‘‘(ii) the Federal Employees Retire-
ment System set forth in chapter 84 of
title 5, United States Code;
‘‘(iii) title 10, United States Code; or
‘‘(iv) any other government retirement
system, including any Government pension
plan as such term is defined under section
9502 of title 31, United States Code; or
‘‘(D) the Employee Retirement Income Se-
curity Act of 1974 (29 U.S.C. 1001 et seq.).
‘‘(2) PENSION
COUNSELING
PROGRAM.—The
term ‘pension counseling program’ means a program
described in subsection (c).
‘‘(b) ESTABLISHMENT.—The Assistant Secretary
shall establish and carry out pension counseling projects.
In carrying out the projects, the Assistant Secretary shall
award grants under subsection (c) and (d).
‘‘(c) PENSION COUNSELING PROGRAMS.—
‘‘(1) USE
OF
FUNDS.—In carrying out the
projects specified in subsection (b), the Assistant
Secretary shall award grants to eligible entities to
establish programs that create or continue a suffi-
cient number of pension assistance and counseling
projects to provide outreach, information, coun-
seling, referral, and other assistance regarding pen-
sion and other retirement benefits, and rights re-
lated to such benefits, to individuals throughout the
United States.
‘‘(2) AWARD OF GRANTS.—
‘‘(A) TYPE
OF
ENTITY.—The Assistant
Secretary shall award under this subsection—
‘‘(i) grants to State agencies or area
agencies on aging; and
‘‘(ii) grants to nonprofit organizations
with a proven record of providing—
‘‘(I) services related to retirement
of older individuals; or
‘‘(II) specific pension counseling.
‘‘(B) PANEL.—In awarding grants under
this subsection, the Assistant Secretary shall
use a citizen advisory panel that shall include
representatives of business, labor, national sen-
ior advocates, and national pension rights advo-
cates.
‘‘(C) 
CRITERIA.—In 
awarding 
grants
under this subsection, the Assistant Secretary,
after consultation with the panel, shall use as
criteria—
‘‘(i) evidence of commitment of an
agency or organization to carry out a pro-
posed pension counseling program;
‘‘(ii) the ability of the agency or orga-
nization to perform effective outreach to
affected populations, particularly popu-
lations identified as in need of special out-
reach;
‘‘(iii) reliable information that the
population to be served by the agency or
organization has a demonstrable need for
the services proposed to be provided under
the program; and
‘‘(iv) evidence of ability of the agency
or organization to provide services under
the program on a statewide or regional
basis.
‘‘(3) APPLICATION.—
‘‘(A) IN GENERAL.—To be eligible to re-
ceive a grant under this subsection, an entity
shall submit an application to the Assistant
Secretary at such time, in such manner, and
containing such information as the Assistant
Secretary 
may 
require, 
including, 
at 
a
minimum—
‘‘(i) a plan for the establishment of a
pension counseling program to serve a spe-
cific geographic area; and
‘‘(ii) an assurance that staff members
(including volunteer staff members) have
no conflict of interest in providing the
services described in the plan.
‘‘(B) PLAN.—The plan described in sub-
paragraph (A) shall provide for a program
that—
‘‘(i) establishes or continues a State
or area pension counseling service;
‘‘(ii) provides counseling (including di-
rect counseling and assistance to individ-
uals needing information) and information
that may assist individuals in establishing
rights to, obtaining, and filing claims or
complaints related to, pension and other
retirement benefits;
‘‘(iii) provides information on sources
of pension and other retirement benefits,
including the benefits under programs de-
scribed in subsection (a)(1);
‘‘(iv) makes referrals to legal services
and other advocacy programs;
‘‘(v) establishes a system of referral to
Federal, State, and local departments or
agencies related to pension and other re-
tirement benefits;
‘‘(vi) provides a sufficient number of
staff positions (including volunteer posi-
tions) to ensure information, counseling,
referral, and assistance regarding pension
and other retirement benefits;
‘‘(vii) provides training programs for
staff members, including volunteer staff
members of the programs described in sub-
section (a)(1);
‘‘(viii) makes recommendations to the
Administration, the Department of Labor,
and other Federal, State, and local agen-
cies concerning issues for older individuals
related to pension and other retirement
benefits; and
‘‘(ix) establishes or continues to pro-
vide projects to provide outreach, informa-
tion, counseling, referral, and other assist-
ance regarding pension and other retire-
ment benefits, with particular emphasis on
outreach to women, minorities, and low-in-
come retirees.
‘‘(d) TRAINING AND TECHNICAL ASSISTANCE PRO-
GRAM.—
‘‘(1) USE
OF
FUNDS.—In carrying out the
projects described in subsection (b), the Assistant
Secretary shall award a grant to an eligible entity to
establish a training and technical assistance pro-
gram to provide—
‘‘(A) information and technical assistance
to the staffs of entities operating pension coun-
seling programs; and
‘‘(B) assistance to the entities, including
assistance in designing program evaluation
tools.
‘‘(2) ELIGIBLE ENTITY.—Entities eligible to re-
ceive grants under this subsection include nonprofit
private organizations with records of providing na-
tional information, referral, and advocacy in matters
related to pension and other retirement benefits.
‘‘(3) APPLICATION.—To be eligible to receive a
grant under this subsection, an entity shall submit
an application to the Assistant Secretary at such
time, in such manner, and containing such informa-
tion as the Assistant Secretary may require.
‘‘(e) PENSION ASSISTANCE HOTLINE AND INTER-
AGENCY COORDINATION.—The Assistant Secretary shall
enter into interagency agreements for the establishment
and operation of, and dissemination of information about,
a telephone hotline for individuals seeking outreach, infor-
mation, counseling, referral, and assistance regarding pen-
sion and other retirement benefits, and rights related to
such benefits. The Assistant Secretary shall also enter into
agreements with the Secretary of Labor and with the
heads of other Federal agencies that regulate the provision
of pension and other retirement benefits, as the Assistant
Secretary determines to be appropriate, in order to carry
out this subsection and to develop a nationwide public-pri-
vate pension assistance system.
‘‘(f) REPORT TO CONGRESS.—
‘‘(1) PREPARATION.—The Assistant Secretary
shall prepare a report that—
‘‘(A) summarizes the distribution of funds
authorized for grants under this section and the
expenditure of such funds;
‘‘(B) summarizes the scope and content of
training and assistance provided under a pro-
gram carried out under this section and the de-
gree to which the training and assistance can
be replicated;
‘‘(C) outlines the problems that individuals
participating in programs funded under this
section encountered concerning rights related to
pension and other retirement benefits; and
‘‘(D) makes recommendations regarding
the manner in which services provided in pro-
grams funded under this section can be incor-
porated into the ongoing programs of State
agencies, area agencies on aging, multipurpose
senior centers, and other similar entities.
‘‘(2) SUBMISSION.—Not later than 30 months
after the date of enactment of this section, the As-
sistant Secretary shall submit the report described
in paragraph (1) to the Committee on Education
and the Workforce of the House of Representatives
and the Committee on Health, Education, Labor,
and Pensions of the Senate.
‘‘(g) ADMINISTRATIVE EXPENSES.—Of the funds ap-
propriated under subsection (h) to carry out this section
for a fiscal year, not more than $100,000 may be used
by the Administration for administrative expenses in car-
rying out this section.
‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There
are authorized to be appropriated to carry out this section
such sums as may be necessary for each of fiscal years
2000 through 2003.’’.
SEC. 3. TECHNICAL AND CONFORMING AMENDMENTS.
(a) REPEALER.—Section 429J of the Older Ameri-
cans Act of 1965 (42 U.S.C. 3035r) is repealed.
(b) CONFORMING AMENDMENT.—Subsection (b) of
section 794 of the Older Americans Act of 1965 (as redes-
ignated in section 2(2)) is amended by striking ‘‘entities
described in section 751(c)’’ and inserting ‘‘persons and
entities described in section 793(b)’’.
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