Comprehensive Older Americans Act Amendments
PL 95-478 (H.R.12255), enacted 10/18/1978

PUBLIC LAW 95-478—OCT. 18, 1978 
92 STAT. 1513 
Public Law 95-478 
95th Congress 
An Act 
To amend the Older Americans Act of 1965 to provide for improved programs for 
older persons, and for other purposes. 
Be it enacted hy the Senate and House of Representatives of the 
United States of America in Congress assembled^ That (a) this Act 
may be cited as the "Comprehensive Older Americans Act Amend-
ments of 1978". 
(b) Except as otherwise specifically provided, whenever in this Act 
an amendment or repeal is expressed in terms of an amendment to, or 
repeal of, a section or other provision, the reference shall be consid-
ered to be made to a section or other provision of the Older Americans 
Act of 1965. 
TITLE I—AMENDMENTS TO THE OLDEK AMERICANS 
ACT OF 1965 
Oct. 18. 1978 
[H.R. 122551 
Comprehensive 
Older Americans 
Act Amendments 
of 1978. 
42 U.S.C. 3001 
note. 
42 u s e 3001 
note. 
OBJECTIVES 
SEC. 101. Section 101 (8) is amended by inserting after "provide" the 42 USC 3001. 
following: "a choice in supported living arrangements and". 
ADMINISTRATrON 
SEC. 102. (a) (1) Section 202(a) is amended by redesignating clauses 42 USC 3012. 
(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (13), (14), 
(15), and (16) as clauses (2), (3), (4), (5), (6), (7), (8), (9), (10), 
(11), (12), (13), (14), (15), (16), and (17), respectively, and by in-
serting after the dash the following new clause: 
"(1) serve as the effective and visible advocate for the elderly 
within the Department of Health, Education, and Welfare and 
with other departments, agencies, and instrumentalities of the 
Federal Government by maintaining active review and comment-
ing responsibilities over all Federal policies affecting the elderly;". 
(2) Section 202 is amended by redesignating subsection (b), and 42 USC 3012. 
all references thereto, as subsection (c), and by inserting after sub-
section (a) the following new subsection: 
"(b) In order to strengthen the involvement of the Administration 
in the development of policy alternatives in long-term care and to 
insure that the development of community alternatives is given pri-
ority attention, the Commissioner shall— 
"(1) develop planning linkages with health systems agencies 
designated under section 1515 of the Public Health Service Act 
(42 U.S.C. 3001-4); 
"(2) participate in all departmental and interdepartmental 
activities which concern issues of institutional and noninstitu-
tional long-term health care services development; and 
"(3) review and comment on all departmental regulations and 
policies regarding community health and social service develop-
ment for the elderly.", 
(b) Section 203 is amended to read as follows: 
42 USC 3013. 
92 STAT. 1514 
PUBLIC LAW 95-478—OCT. 18, 1978 
29 
use 
801 
note. 
42 
use 
5001. 
42 
use 
1395, 
1396, 1397. 
12 
use 
1715v, 
1715w. 
42 
use 1437 
note. 
12 
use 
1701<j^ 
42 
use 
5301. 
42 
use 
2809. 
20 
use 
821 
note. 
49 
use 
1602, 
1604, 1607a, 
1612. 
42 
use 
3014. 
42 
use 
3015. 
"FEDERAL AGENCY 
CONSULTATION 
"SEC. 203. (a) The Commissioner, in carrying out the purposes and 
provisions of this Act, shall advise, consult, and cooperate with the 
head of each Federal agency or department proposing or administer-
ing programs or services substantially related to the purposes of this 
Act, with respect to such programs or services. The head of each 
Federal agency or department proposing to establish programs and 
services substantially related to the purposes of this Act shall consult 
with the Commissioner prior to the establishment of such programs 
and services. The head of each Federal agency administering any pro-
gram substantially related to the purpose of this Act, particularly 
administering any program set forth in subsection (b), shall, to 
achieve appropriate coordination, consult and cooperate with the Com-
missioner in carrying out such program. 
"(b) For the purposes of subsection (a), programs related to the 
purpose of this Act shall include— 
"(1) the Comprehensive Employment and Training Act of 
1973, 
"(2) title II of the Domestic Volunteer Service Act of 1973, 
"(3) titles XVIII, XIX, and XX of the Social Security Act, 
"(4) sections 231 and 232 of the National Housing Act, 
" (5) the United States Housing Act of 1937, 
« ( f 
• 
-
-
-
-
- 
• 
• 
6) section 202 of the Housing Act of 1959, 
"(7) title I of the Housing and Community Development Act 
of 1974, 
"(8) section 222(a)(8) of the Economic Opportunity Act of 
1964, 
" (9) the community schools program under the Elementary and 
Secondary Education Act of 1965, and 
"(10) sections 3, 5, 9, and 16 of the Urban Mass Transporta-
tion Act of 1964.". 
(c) Section 204(a) (1) is amended by inserting before the semicolon 
a comma and the following: "including information related to trans-
portation services for older individuals offered by Federal, State, and 
local public agencies". 
(d) Section 204(c) is amended to read as follows: 
" (c) There are authorized to be appropriated to carry out the pro-
visions of this section, for fiscal years 1979,1980, and 1981, such sums 
as may be necessary.". 
(e) (1) Section 205(a) is amended by inserting "rural and urban" 
after "oi" in the second sentence, and by adding at the end thereof the 
following new sentence: "No full-time officer or employee of the Fed-
eral Government may be appointed as a member of the Council.". 
(2) Section 205(c) is amended by striking out the last sentence 
thereof. 
^3) Section 205 (e) is amended to read as follows: 
"(e) The Council shall have staff personnel, appointed by the 
Chairman, to assist it in carrying out its activities. The head of each 
Federal department and agency shall make available to the Council 
such information and other assistance as it may require to carry out 
its activities.". 
(4) (A) Section 205 (g) is amended to read as follows: 
"(g)(1) The Council shall undertake a thorough evaluation and 
study of programs conducted under this Act. 
" (2) The study required in this subsection shall include— 
" (A) an examination of the fundamental purposes of such pro-
PUBLIC LAW 95-478—OCT. 18, 1978 
92 STAT. 1515 
grams, and the effectiveness of such programs in attaining such 
purposes; 
"(B) an analysis of the means to identify accurately the elderly 
population in greatest need of such programs; and 
"(C) an analysis of numbers and incidence of low-income and 
minority participants in such programs. 
" (3) The study required under this subsection may include— 
"(A) an exploration of alternative methods for allocating 
funds under such programs to States, State agencies on aging, and 
area agencies on aging in an equitable and efficient manner, which 
will accurately reflect current conditions and insure that such 
funds reach the areas of greatest current need and are effectively 
used for such areas; 
"(B) an analysis of the need for area agencies on aging to pro-
vide direct services within the planning and service area; and 
"(C) an analysis of the number of nonelderly handicapped in 
need of home delivered meal services.". 
(B) Section 205 is amended by striking out subsections (h) and (i) 42 USC 3015. 
and inserting in lieu thereof the following new subsection: 
"(h) There are authorized to be appropriated to carry out the pro-
visions of this section, for fiscal years 1979, 1980, and 1981, such sums 
as may be necessary.". 
(f) Section 206 is amended by redesignating subsection (b) and 42 USC 3016. 
subsection (c), and all references thereto, as subsection (c) and sub-
section (d), respectively, and by inserting after subsection (a) the 
following new subsection: 
"(b) The Commissioner shall prepare and submit to the Congress 
not later than September 30,1980 a report on the effectiveness of pro-
grams conducted under part B of title III relating to legal services Post, p. 1535. 
and an analysis of the need for a separate program of legal services 
under this Act and of factors which may prohibit the funding of legal 
services under this Act without such a separate program, together 
with such recommendations, including recommendations for addi-
tional legislation, as the Commissioner deems appropriate.". 
(g) (1) Section 207(c) is amended by inserting before the period a 42 USC 3017. 
comma and the following: "and conduct, where appropriate, evalu-
ations which compare the effectiveness of related programs in achiev-
ing common objectives". 
(2) Section 207(d) is amended— 
(A) by inserting after "summaries" the following: "and 
analyses"; 
^B) by striking out "be available" and inserting in lieu there-
of "be transmitted"; and 
(C) by inserting before "the public" the following: "be acces-
sible to", 
(h) (1) Section 211 is amended by inserting "(a)" after the section 42 USC 3020a. 
designation and by adding at the end thereof the following new 
subsection: 
"(b) No part of the costs of any project under any title of this 
Act may be treated as income or benefits to any eligible individual 
(other than any wage or salary to such individual) for the purpose 
of any other program or provision of Federal or State law.". 
(2) Section 211 (a), as so redesignated in paragraph (1), is amended 
by inserting after "88 Stat. 1604)" the following: ", and of title V 
of the Act of October 15, 1977 (Public Law 95-134; 91 Stat. 1164),". 48 USC 1469a. 
(i) Title II is amended by adding at the end thereof the following 
new sections: 
92 STAT. 1516 
PUBLIC LAW 95-478—OCT. 18, 1978 
"REDUCTION OF PAPERWORK 
42 use 3020b. 
"SEC. 212. In order to reduce unnecessary, duplicative, or disrup-
tive demands for information, the Commissioner, in consultation with 
State agencies designated under section 305(a) (1), and other appro-
priate agencies and organizations, shall continually review 
and 
evaluate all requests by the Administration on Aging for information 
under this Act and take such action as may be necessary to reduce the 
paperwork required under this Act. The Commissioner shall request 
only such information as the Commissioner deems essential to carry 
out the purposes and provisions of this Act. 
"CONTRACTING AND GRANT AUTHORITY 
42 use 3020c. 
"SEC. 213. None of the provisions of this Act shall be construed to 
prevent a recipient of a grant or a contract from entering into an agree-
ment, subject to the approval of the State agency, with a profitmaking 
organization, where such organization demonstrates clear superiority 
with respect to the quality of services covered by such contract to carry 
out the provisions of this Act and of the appropriate State plan. 
42 use 3020cl. 
42 use 601, 
1397. 
42 use 2701 
note. 
SURPLUS PROPERTY ELIGIBILITY 
"SEC. 214. Any State or local government agency, and any nonprofit 
organization or institution, which receives funds appropriated for 
programs for older individuals under this Act, under title I V or title 
X X of the Social Security Act, or under the Economic Opportunity 
Act of 1964, shall be deemed eligible to receive for such programs, 
property which is declared surplus to the needs of the Federal Gov-
ernment in accordance with laws applicable to surplus property.". 
42 use 3021 
note. 
42 use 3001 
note. 
Post, p. 1517. 
42 use 3041, 
3045. 
GRANTS FOR STATE AND COMMUNITY PROGRAMS ON AGING 
SEC. 103. (a) (1) The Congress finds that— 
(A) approximately 3 percent of the eligible population is pres-
ently served under community services programs authorized 
under the Older Americans Act of 1965, 17 percent of whom are 
minority group members; 
(B) approximately 1 percent of the eligible population is pres-
ently served by the nutrition program authorized under the Older 
Americans Act of 1965, 21 percent of whom are minority group 
members; 
(C) there is program fragmentation at the national. State, 
and local levels which inhibits effective use of existing resources; 
and 
(D) coordination and consolidation of services provided under 
the Older Americans Act of 1965 allowing greater local deter-
mination to assess the need for services will facilitate achieving 
the goals of the Older Americans Act of 1965. 
(2) It is the purpose of the amendments made by subsection (b) to 
combine within a consolidated title, subject to the modifications 
imposed by the provisions and requirements of the amendments made 
by subsection (b), the programs authorized by title I I I , title V, and 
title V I I of the Older Americans Act of 1965 in the fiscal year 1978, 
and funds appropriated to carry out such consolidated title shall be 
used solely for the purposes and for the assistance of the same types of 
programs authorized under the provisions of such titles. 
(b) Title I I I is amended to read as follows: 
PUBLIC LAW 95-478—OCT. 18, 1978 
92 STAT. 1517 
" T I T L E I I I — G R A N T S F O R S T A T E A N D COMMUNITY 
P R O G R A M S ON AGING 
"PART A—GENERAL PROVISIONS 
"PURPOSE ; ADMINISTRATION 
"SEC. 301. (a) It is the purpose of this title to encourage and assist 
42 USC 3021. 
State and local agencies to concentrate resources in order to develop 
greater capacity and foster the development of comprehensive and 
coordinated service systems to serve older individuals by entering into 
new cooperative arrangements in each State with State and local 
agencies, and with the providers of social services, including nutrition 
services and multipurpose senior centers, for the planning for the pro-
vision of, and for the provision of, social services, nutrition services, 
and multipurpose senior centers, in order to— 
"(1) secure and maintain maximum independence and dignity 
in a home environment for older individuals capable of self care 
with appropriate supportive services; 
"(2) remove individual and social barriers to economic and 
personal independence for older individuals; and 
"(3) provide a continuum of care for the vulnerable elderly. 
"(b) (1) In order to effectively carry out the jjurpose of this title, 
the Commissioner shall administer programs under this title through 
the Administration on Aging. 
"(2) In carrying out the provisions of this title, the Commissioner 
may request the technical assistance and cooperation of the Depart-
ment of Labor, the Community Services Administration, the Depart-
ment of Housing and Urban Development, the Department of 
Transportation, and such other agencies and departments of the 
Federal Government as may be appropriate. 
"DEFINITIONS 
"SEC. 302. For the purpose of this title— 
42 USC 3022. 
"(1) The term 'comprehensive and coordinated system' means 
a system for providing all necessary social services, including 
nutrition services, in a manner designed to— 
" ( A ) facilitate accessibility to, and utilization of, all social 
services and nutrition services provided within the geographic 
area served by such system by any public or private agency or 
organization; 
" ( B ) develop and make the most efficient use of social 
services and nutrition services in meeting the needs of older 
individuals; and 
"(C) use available resources efficiently and with a minimum 
of duplication. 
"(2) The term 'information and referral source' means a loca-
tion where the State or any public or private agency or organiza-
tion— 
"(A) maintains current information with respect to the 
opportunities and services available to older individuals, and 
develops current lists of older individuals in need of services 
and opportunities; and 
"(B) employs a specially trained staff to inform older 
individuals of the opportunities and services which are avail-
92 STAT. 1518 
PUBLIC LAW 95-478—OCT. 18, 1978 
able, and to assist such individuals to take advantage of such 
opportunities and services. 
"(3) The term 'long-term care facility' means any skilled nurs-
ing facility, as defined in section 1861 (j) of the Social Security 
42 use 1395x. 
Act, any intermediate care facility, as defined in section 1905(c) 
42 use 1396d. 
of the Social Security Act, any nursing home, as defined in section 
42 use 1396g. 
1908(e) of the Social Security Act, and any other similar adult 
care home. 
"(4) The term 'legal services' means legal advice and repre-
sentation by an attorney (including, to the extent feasible, counsel-
ing or other appropriate assistance by a paralegal or law student 
under the supervision of an attorney), and includes counseling 
or representation by a nonlawyer where permitted by law, to older 
individuals with economic or social needs. 
"(5) The term 'planning and service area' means an area 
specified by a State agency under section 305(a)(1)(E). 
"(6) The term 'State' means each of the several States, the 
District of Columbia, the Commonwealth of Puerto Eico, Guam, 
American Samoa, the Virgin Islands, the Trust Territory of the 
Pacific Islands and the Northern Mariana Islands. 
" (7) The term 'State agency' means the State agency designated 
by a State under section 305(a)(1). 
"(8) The term 'unit of general purpose local government' 
means— 
"(A) a political subdivision of the State whose authority 
is general and not limited to only one function or combina-
tion of related functions; or 
"(B) an Indian tribal organization. 
"AUTHORIZATION OF APPKOPKIATIONS ; USES OF FUNDS 
42 use 3023. 
"SEC. 303. (a) There are authorized to be appropriated 
$300,000,000 for fiscal year 1979, $360,000,000 for fiscal year 1980, and 
$480,000,000 for fiscal year 1981 for the purpose of making grants 
Post, p. 1535. 
under part B of this title (relating to social services). 
"(b) (1) There are authorized to be appropriated $350,000,000 for 
fiscal year 1979, $375,000,000 for fiscal year 1980, and $400,000,000 
for fiscal year 1981 for the purpose of making grants under subpart 1 
Post, p. 1536. 
of part C of this title (relating to congregate nutrition services). 
"(2) There are authorized to be appropriated $80,000,000 for fiscal 
year 1979, $100,000,000 for fiscal year 1980, and $120,000,000 for fiscal 
year 1981 for the purpose of making grants under subpart 2 of part C 
of this title (relating to home delivered nutrition services). 
"(c) Grants made under parts B and C of this title may be used 
for paying part of the cost of— 
" (1) the administration of area plans by area agencies on aging 
designated under section 305(a) (2) (A), including the prepara-
tion of area plans on aging consistent with section 306 and the 
evaluation of activities carried out under such plans; and 
"(2) the development of comprehensive and coordinated sys-
tems for social services, congregate and home delivered nutrition 
services, the development and operation of multipurpose senior 
centers, and the delivery of legal services. 
PUBLIC LAW 95-478—OCT. 18, 1978 
92 STAT. 1519 
"ALLOTMENT; FEDERAL SHARE 
"SEC. 304. (a) (1) From the sums appropriated under parts B and 42 USC 3024. 
C for fiscal years 1979, 1980, and 1981, each State shall be allotted Post, pp. 1535, 
an amount which bears the same ratio to such sums as the popula- 1536. 
tion aged 60 or older in such State bears to the population aged 60 or 
older in all States, except that (A) no State shall be allotted less 
than one-half of 1 percent of the sum appropriated for the fiscal 
year for which the determination is made; (B) Guam, the Virgin 
Islands, and the Trust Territory of the Pacific Islands, shall each be 
allotted not less than one-fourth of 1 percent of the sum appro-
priated for the fiscal year for which the determination is made; (C) 
American Samoa and the Northern Mariana Islands shall each be 
allotted not less than one-sixteenth of 1 percent of the sum appro-
priated for the fiscal year for which the determination is made; 
and (D) no State shall be allotted an amount less than the State 
received for fiscal year 1978. For the purpose of the exception con-
tained in clause (A) only, the term 'State' does not include Guam, 
American Samoa, the Virgin Islands, the Trust Territory of the 
Pacific Islands, and the Northern Mariana Islands. 
"(2) The number of individuals aged 60 or older in any State and 
in all States shall be determined by the Commissioner on the basis 
of the most recent satisfactory data available to him. 
"(b) Whenever the Commissioner determines that any amount 
allotted to a State under part B or C for a fiscal year under this section 
will not be used by such State for carrying out the purpose for which 
the allotment was made, he shall make such allotment available for 
carrying out such purpose to one or more other States to the extent 
he determines that such other States will be able to use such additional 
amount for carrying out such purpose. Any amount made available 
to a State from an appropriation for a fiscal year in accordance with the 
preceding sentence shall, for purposes of this title, be regarded as 
part of such State's allotment (as determined under subsection (a)) 
for such year, but shall remain available until the end of the succeeding 
fiscal year. 
"(c) If the Commissioner finds that any State has failed to qualify 
under the State plan requirements of section 307, the Commissioner 
shall withhold the allotment of funds to such State referred to in sub-
section (a). The Commissioner shall disburse the funds so withheld 
directly to any public or private nonprofit institution or organization, 
agency, or political subdivision of such State submitting an approved 
plan under section 307, which includes an agreement that any such pay-
ment shall be matched in the proportion determined under subsection 
(d)(1)(B) for such State, by funds for in-kind resources from non-
Federal sources. 
"(d)(1) From any State's allotment under this section for any 
fiscal year— 
"(A) such amount as the State agency determines, but not 
more than 8.5 percent thereof, shall be available for paying such 
percentage as the agency determines, but not more than 75 percent, 
of the cost of administration of area plans; and 
"(B) the remainder of such allotment shall be available to such 
State only for paying such percentage as the State agency deter-
92 STAT. 1520 
PUBLIC LAW 95-478—OCT. 18, 1978 
mines, but not more than 90 percent in fiscal years 1979 and 1980, 
and 85 percent in fiscal year 1981, of the cost of social services and 
Post, pp. 1535, 
nutrition services authorized under parts B and C provided in 
1536. 
the State as part of a comprehensive and coordinated system in 
planning and service areas for which there is an area plan 
approved by the State agency. 
"(2) The non-Federal share shall be in cash or in kind. In deter-
mining the amount of the non-Federal share, the Commissioner may 
attribute fair market value to services and facilities contributed from 
non-Federal sources. 
u 
ORGANIZATION 
42 use 3025. 
"SEC. 305. (a) In order for a State to be eligible to participate in 
programs of grants to States from allotments under this title— 
"(1) the State shall, in accordance with regulations of the 
Commissioner, designate a State agency as the sole State agency 
to—• 
State plan, 
" (^) develop a State plan to be submitted to the Commis-
development and 
sioner for approval under section 307; 
approva . 
"(B) administer the State plan within such State; 
"(C) be primarily responsible for the coordination of all 
State activities related to the purposes of this Act; 
"(D) serve as an effective and visible advocate for the 
elderly by reviewing and commenting upon all State plans, 
budgets, and policies which affect the elderlj^ and providing 
technical assistance to any agency, organization, association, 
or individual representing the needs of the elderly; and 
"(E) divide the State into distinct areas, in accordance 
with guidelines issued by the Commissioner, after consider-
ing the geographical distribution of individuals aged 60 and 
older in the State, the incidence of the need for social services, 
nutrition services, multipurpose senior centers, and legal serv-
ices, the distribution of older individuals who have low 
incomes residing in such areas, the distribution of resources 
available to provide such services or centers, the boundaries 
of existing areas within the State which were drawn for the 
planning or administration of social services programs, the 
location of units of general purpose local government within 
the State, and any other relevant factors; and 
"(2) the State agency designated under clause (1) shall— 
"(A) determine for which planning and service area an 
area plan will be developed, in accordance with section 306, 
and for each such area designate, after consideration of the 
views offered by the unit or units of general purpose local 
government in such area, a public or private nonprofit 
agency or organization as the area agency on aging for such 
area; 
" (B) provide assurances, satisfactory to the Commissioner, 
that the State agency will take into account, in connection 
with matters of general policy arising in the development 
and administration of the State plan for any fiscal year, 
the views of recipients of social services or nutrition services, 
or individuals using multipurpose senior centers provided 
under such plan; 
"(C) develop a formula, in accordance with guidelines 
issued by the Commissioner, for the distribution within the 
State of funds received under this title, taking into account, 
PUBLIC LAW 95-478—OCT. 18, 1978 
92 STAT. 1521 
Planning and 
service area, 
designation. 
to the maximum extent feasible, the best available statistics 
on the geographical distribution of individuals aged 60 and 
older in the State, and publish such formula for review and 
comment; 
"(D) submit its formula developed under subclause (C) 
to the Commissioner for review and comment; and 
"(E) provide assurances that preference will be given to 
providing services to older individuals with the greatest 
economic or social needs and include proposed methods of 
carrying out the preference in the State plan. 
"(b) (1) In carrying out the requirement of clause (1) of subsection 
(a), the State may designate as a planning and service area any unit 
of general purpose local government which has a population of 100,000 
or more. In any case in which a unit of general purpose local govern-
ment makes application to the State agency under the preceding sen-
tence to be designated as a planning and service area, the State agency 
shall, upon request, provide an opportunity for a hearing to such unit 
of general purpose local government. A State may designate as a plan-
ning and service area under clause (1) of subsection (a), any region 
within the State recognized for pui'poses of area 
wide planning which 
includes one or more such units of general purpose local government 
when the State determines that the designation of such a regional 
planning and service area is necessary for, and will enhance, the effec-
tive administration of the programs authorized by this title. The State 
may include in any planning and service area designated under clause 
(1) of subsection (a) such additional areas adjacent to the unit of 
general purpose local government or regions so designated as the 
State determines to be necessary for, and will enhance the effective 
administration of the programs authorized by this title. 
"(2) The State is encouraged in carrying out the requirement of 
clause (1) of subsection (a) to include the area covered by the appro-
priate economic development district involved in any planning and 
service area designated under such clause, and to include all portions 
of an Indian reservation within a single planning and service area, if 
feasible. 
" (3) The chief executive officer of each State in which a planning and 
service area crosses State boundaries, or in which an interstate Indian 
reservation is located, may apply to the Commissioner to request 
redesignation as an interstate planning and service area comprising the 
entire metropolitan area or Indian reservation. If the Commissioner 
approves such an application, he shall adjust the State allotments of 
the areas within the planning and service area in which the interstate 
planning and service area is established to reflect the number of older 
individuals within the area who will be served by an interstate plan-
ning and service area not within the State. 
" (4) Whenever a unit of general purpose local government, a region. Appeal, 
a metropolitan area or an Indian reservation is denied designation 
under the provisions of clause (1) of subsection (a), such unit of 
general purpose local government, region, metropolitan area, or 
Indian reservation may appeal the decision of the State agency to the 
Commissioner. The Commissioner shall afford such unit, region, 
metropolitan area, or Indian reservation an opportunity for a hearing. 
In carrying out the provisions of this paragraph, the Commissioner 
may approve the decision of the State agency, disapprove the decision 
of the State agency and require the State agency to designate the unit, 
region, area, or Indian reservation appealing the decision as a plan-
39-194 O—80—pt. 2 
16 : QL3 
92 STAT. 1522 
PUBLIC LAW 95-478—OCT. 18, 1978 
ning and service area, or take such other action as the Commissioner 
deems appropriate. 
Area agency on 
"(c) An area agency on aging designated imder subsection (a) shall 
aging. 
be— 
"(1) an established office of aging which is operating within a 
planning and service area designated under subsection ( a ) ; 
" (2) any office or agency of a unit of general purpose local gov-
ernment, which is designated for the purpose of serving as an 
area agency by the chief elected official of such unit; 
"(3) any office or agency desi^ated by the appropriate chief 
elected officials of any combination of units of general purpose 
local government to act on behalf of such combination for such 
purpose; or 
"(4) any public or nonprofit private agency in a planning and 
service area which is under the supervision or direction for this 
purpose of the designated State agency and which can engage in 
the planning or provision of a broad range of social services, or 
nutrition services within such planning and service area; 
and shall provide assurance, determined adequate by the State agency, 
that the area agency will have the ability to develop an area plan and 
to carry out, directly or through contractual or other arrangements, a 
program in accordance with the plan within the planning and service 
area. In designating an area agency on aging within the planning and 
service area or within any unit of general purpose local government 
designated as a planning and service area the State shall give prefer-
ence to an established office on aging, unless the State agency finds that 
no such office within the planning and service area will have the 
capacity to carry out the area plan. 
"AREA PLANS 
42 use 3026. 
"SEC. 306. (a) Each area agency on aging designated under section 
305 (a) (2) (A) shall, in order to be approved by the State agency, pre-
pare and develop an area plan for a planning and service area for a 
3-year period with such annual adjustments as may be necessary. Each 
such plan shall be based upon a uniform format for area plans within 
the State prepared in accordance with section 307(a) (1). Each such 
plan shall— 
"(1) provide, through a comprehensive and coordinated sys-
tem, for social services, nutrition services, and, where appropriate, 
for the establishment, maintenance, or construction of multipur-
pose senior centers, within the planning and service area covered 
by the plan, including determining the extent of need for social 
services, nutrition services, and multipurpose senior centers in 
such area (taking into consideration, among other things, the 
number of older individuals with low incomes residing in such 
area), evaluating the effectiveness of the use of resources in meet-
ing such need, and entering into agreements with providers of 
social services, nutrition services, or multipurpose senior cen-
ters in such area, for the provision of such services or centers to 
meet such need; 
"(2) provide assurances that at least 50 percent of the amount 
Post, p. 1535. 
allotted for part B to the planning and service area will be 
expended for the delivery of— 
" ( A ) services associated with access to services (trans-
portation, outreach, and information and referral); 
PUBLIC LAW 95-478—OCT. 18, 1978 
92 STAT. 1523 
"(B) in-home services (homemaker and home health aide, 
visiting and telephone reassurance, and chore maintenance); 
and 
" (C) legal services; 
and that some funds will be expended for each such category of 
services; 
"(3) designate, where feasible, a focal point for comprehensive 
service delivery in each community to encourage the maximum 
collocation and coordination of services for older individuals, 
and give special consideration to designating multipurpose senior 
centers as such focal point; 
"(4) provide for the establishment and maintenance of infor-
mation and referral services in sufficient numbers to assure that 
all older individuals within the planning and service area covered 
by the plan will have reasonably convenient access to such 
services; 
"(5) (A) provide assurances that preference will be given to 
providing services to older individuals with the greatest economic 
or social needs and include proposed methods of carrying out the 
preference in the area plan; and 
"(B) assure the use of outreach efforts that will identify indi-
viduals eligible for assistance under this Act, with special emphasis 
on rural elderly, and inform such individuals of the availability 
of such assistance; 
"(6) provide that the area agency on aging will— 
"(A) conduct periodic evaluations of activities carried out 
under the area plan; 
"(B) furnish appropriate technical assistance to providers 
of social services, nutrition services, or multipurpose senior 
centers in the planning and service area covered by the area 
plan; 
"(C) take into account in connection with matters of gen-
eral policy arising in the development and administration of 
the area plan, the views of recipients of services under such 
plan; 
"(D) serve as the advocate and focal point for the elderlj! 
within the community by monitoring, evaluating, and com-
menting upon all policies, programs, hearings, levies, and 
community actions which will affect the elderly; 
"(E) where possible, enter into arrangements with orga-
nizations providing day care services for children so as to pro-
vide opportunities for older individuals to aid or assist on a 
voluntary basis in the delivery of such services to children; 
"(F) where possible, enter into arrangements with local 
educational agencies, institutions of higher education, and 
nonprofit private organizations, to use services provided for 
older individuals under the community schools program under 
the Elementary and Secondary Education Act of 1965; 
20 USC821 note. 
"(G) establish an advisory council consisting of older indi- Advisory council, 
viduals who are participants or who are eligible to partici- establishment, 
pate in programs assisted under this Act, representatives of 
older individuals, local elected officials, and the general pub-
lic, to advise continuously the area agency on all matters 
relating to the development of the area plan, the administra-
tion of the plan and operations conducted under the plan; 
"(H) develop and publish methods by which priority of 
92 STAT. 1524 
PUBLIC LAW 95-478—OCT. 18, 1978 
Ante, p. 1514. 
Waiver. 
Ante, p. 1513. 
29 u s e 701 note. 
42 u s e 1396, 
1397. 
Transportation 
services, funds. 
42 u s e 3027. 
Requirements. 
services is determined, particularly with respect to the deliv-
ery of services under clause (2); and 
"(I) establish effective and efficient procedures for coordi-
nation between the programs assisted under this title and 
programs described in section 203 (b). 
"(b)(1) Each State, in approving area agency plans under this 
section, may, for fiscal years 1979 and 1980, waive any particular 
requirement relating to the delivery of services or the establishment 
or operation of multipurpose senior centers which such agency cannot 
meet because of the consolidation authorized by the Comprehensive 
Older Americans Act Amendments of 1978, except that the State 
agency may grant such a waiver only if the area agency demonstrates 
to the State agency that it is taking steps to meet the requirements of 
this title, but in any event the State agency may not grant a waiver for 
any requirement of this Act in effect on September 30,1978. 
" (2) Each State, in approving area agency plans under this section, 
may waive the requirement described in clause (2) of subsection (a) 
for any category of services described in such clause if the area agency 
on aging demonstrates to the State agency that services being fur-
nished for such category in the area are sufficient to meet the need for 
such services in such area. If the State agency grants a waiver under 
the preceding sentence with respect to any category, then the area 
agency shall expend under clause (2) of subsection (a) a percentage 
of the amount allotted for part B to the planning and service area, for 
the categories with respect to which such waiver does not apply, that 
is agreed upon by the State agency and the area agency. 
"(c) (1) Subject to regulations prescribed by the Commissioner, an 
area agency on aging designated under section 305(a) (2) (A) or, in 
areas of a State where no such agency has been designated, the State 
agency, may enter into agreements with agencies administering pro-
grams under the Rehabilitation Act of 1973, and titles XIX and XX 
of the Social Security Act for the purpose of developing and imple-
menting plans for meeting the common need for transportation 
services of individuals receiving benefits under such Acts and older 
individuals participating in programs authorized by this title. 
"(2) In accordance with an agreement entered into under paragraph 
(1), funds appropriated under this title may be used to purchase trans-
portation services for older individuals and may be pooled with funds 
made available for the provision of transportation services under the 
Rehabilitation Act of 1973, and titles XIX and XX of the Social 
Security Act. 
"STATE PLANS 
"SEC. 307. (a) Except as provided in section 309(a), each State, in 
order to be eligible for grants from its allotment under this title for 
any fiscal year, shall submit to the Commissioner a State plan for a 
3-year period, with such annual revisions as are necessary, which meets 
such criteria as the Commissioner may by regulation prescribe. Each 
such plan shall— 
"(1) contain assurances that the State plan will be based upon 
area plans developed by area agencies on aging within the State 
designated under section 305(a) (2) (A) and that the State will 
prepare and distribute a uniform format for use by area agencies 
in developing area plans under section 306; 
"(2) provide that each area agency on aging designated under 
section 305 (a)(2)(A) will develop and submit to the State agency 
PUBLIC LAW 95-478—OCT. 18, 1978 
92 STAT. 1525 
for approval an area plan which complies with the provisions of 
section 306; 
"(3) (A) provide that the State agency will evaluate the need 
for social services (including legal services), nutrition services, 
and multipurpose senior centers within the State and determine 
the extent to which existing public or private programs meet 
such need; and 
"(B) provide assurances that the State agency will spend in 
each fiscal year, for services to older individuals residing in rural 
areas in the State assisted under this title, an amount equal to not 
less than 105 percent of the amount expended for such services 
(including amounts expended under title V and title VII) in 42 USC 3041, 
fiscal year 1978; 
3045. 
"(4) provide for the use of such methods of administration 
(including methods relating to the establishment and maintenance 
of personnel standards on a merit basis, except that the Commis-
sioner shall exercise no authority with respect to the selection, 
tenure of office, or compensation of any individual employed in 
accordance with such methods) as are necessary for the proper 
and efficient administration of the plan, and, where necessary, 
provide for the reorganization and reassignment of functions to 
assure such efficient administration; 
"(5) provide that the State agency will afford an opportunity Hearing, 
for a hearing upon request to any area agency on aging submitting 
a plan under this title, to any provider of a service under such a 
plan, or to any applicant to provide a service under such a plan; 
"(6) provide that the State agency will make such reports, in Reports, 
such form, and containing such information, as the Commissioner 
may require, and comply with such requirements as the Commis-
sioner may impose to insure the correctness of such reports; 
"(7) provide satisfactory assurance that such fiscal control and Accounting 
fund accounting procedures will be adopted as may be necessary to procedures, 
assure proper disbursement of, and accounting for. Federal funds 
paid under this title to the State, including any such funds paid 
to the recipients of a grant or contract; 
" (8) provide that the State agency will conduct periodic evalua-
tions of activities and projects carried out under the State plan; 
"(9) provide for establishing and maintaining information and 
referral services in sufficient numbers to assure that all older indi-
viduals in the State who are not furnished adequate information 
and referral services under section 306(a)(4) will have reason-
ably convenient access to such services; 
"(10) provide that no social services, including nutrition serv-
ices, will be directly provided by the State agency or an area 
agency on aging, except where, in the judgment of the State 
agency, provision of such services by the State agency or an area 
agency on aging is necessary to assure an adequate supply of such 
services; 
" (11) provide that subject to the requirements of merit employ-
ment systems of State and local governments, preference shall be 
^ven to individuals aged 60 or older for any staff positions (full 
time or part time) in State and area agencies for which such indi-
viduals qualify; 
" (12) provide assurances that the State agency will— 
Ombudsman 
" (A) establish and operate, either directly or by contract or program, 
other arrangement with any public agency or other appro-
92 STAT. 1526 
PUBLIC LAW 95-478—OCT. 18, 1978 
Record access 
and disclosure. 
Reporting 
system. 
Nutrition 
services. 
pi'iate private nonprofit organization which is not responsible 
for licensing or certifying long-term care services in tlie State 
or which is not an association (or an affiliate of such an asso-
ciation) of long-term care facilities (including any other 
residential facility for older individuals), a long-term care 
ombudsman program which will— 
"(i) investigate and resolve complaints made by or on 
behalf of older individuals who are residents of long-
term care facilities relating to administrative action 
which may adversely affect the health, safety, welfare, 
and rights of such residents; 
"(ii) monitor the development and implementation of 
Federal, State, and local laws, regulations, and policies 
with respect to long-term care facilities in that State; 
"(iii) provide information as appropriate to public 
agencies regarding the problems of older individuals 
residing in long-term care facilities; 
"(iv) provide for training volunteers and promote 
the development of citizen organizations to participate 
in the ombudsman program; and 
"(v) carry out such other activities as the Commis-
sioner deems appropriate; 
"(B) establish procedures for appropriate access by the 
ombudsman to long-term care facilities and patients' records, 
including procedures to protect the confidentiality of such 
records and ensure that the identity of any complainant or 
resident will not be disclosed without the written consent of 
such complainant or resident, or upon court order; 
"(C) establish a statewide uniform reporting system to 
collect and analyze data relating to complamts and conditions 
in long-term care facilities for the purpose of identifying and 
resolving significant problems, with provision for submission 
of such data to the agency of the State responsible for licens-
ing or certifying long-term care facilities in the State and to 
the Commissioner on a regular basis; and 
"(D) establish procedures to assure that any files main-
tained by the ombudsman program shall be disclosed only 
at the discretion of the ombudsman having authority over the 
disposition of such files, except that the identity of any com-
plainant or resident of a long-term care facility shall not be 
disclosed by such ombudsman unless— 
"(i) such complainant or resident, or his legal rep-
resentative, consents in writing to such disclosure; or 
"(ii) such disclosure is required by court order; 
" (13) provide with respect to nutrition services that— 
"(A) each project providing nutrition services will be 
available to individuals aged 60 or older, and to their spouses; 
"(B) each project will provide meals in a congregate set-
ting, except that each such project may provide home deliv-
ered meals based upon a determination of need made by the 
recipient of a grant or contract entered into under this title; 
"(C) (i) each project will permit recipients of grants or 
contracts to charge participating individuals for meals fur-
nished in accordance with guidelines established by the Com-
missioner, taking into consideration the income ranges of 
eli^ble individuals in local communities and other sources 
of mcome of the recipients of a grant or contract; and 
PUBLIC LAW 95-478—OCT. 18, 1978 
92 STAT. 1527 
"(ii) such charges will be used to increase the number of 
meals served by the project involved; 
"(D) a site for such services and for comprehensive social 
services is furnished in as close proximity to the majority of 
eligible individuals' residences as feasible, with particular 
attention upon a multipurpose senior center, a school, a 
church, or other appropriate community facility, preferably 
within walking distance where possible, and where appro-
priate, transportation to such site is furnished or home 
delivered meals are furnished to eligible individuals who are 
homebound; 
"(E) each project will establish outreach activities which 
assure that the maximum number of eligible individuals may 
have an opportunity to participate; 
"(F) each project may establish and administer the nutri-
tion project with the advice of persons competent in the field 
of service in which the nutrition project is being provided, 
older individuals who will participate in the program, and 
of persons who are knowledgeable with regard to the needs 
of older individuals; 
"(G) each project will provide special menus, where fea-
sible and appropriate, to meet the particular dietary needs 
arising from the health requirements, religious requirements, 
or ethnic backgrounds of eligible individuals; 
"(H) each area agency will give consideration, where fea-
sible, in the furnishing of home delivered meals to the use of 
organizations which (i) have demonstrated an ability to pro-
vide home delivered meals efficiently and reasonably; and 
(ii) furnish assurances to the area agency that such an orga-
nization will maintain efforts to solicit voluntary support and 
that funds made available under this title to the organiza-
tion will not be used to supplant funds from non-Federal 
sources; and 
"(I) each State agency may, only for fiscal years 1979 and 
1980, use not to exceed 20 percent of the amounts allotted 
under part C to the State for supportive services, including Post, p. 1536, 
recreational activities, informational services, health and wel-
fare counseling, and referral services, directly related to the 
delivery of congregate or home delivered meals, except that 
the Commissioner may approve an application from a State 
to use not to exceed 50 percent of its amount allotted under 
part C in areas with unusually high supportive services costs; 
"(14) provide, with respect to the acquisition (in fee simple or 
by lease for 10 years or more), alteration, or renovation of exist-
ing facilities (or the construction of new facilities in any area 
in which there are no suitable structures available, as determined 
by the State agency, after full consideration of the recommenda-
tions made by area agencies, to be a focal point for the delivery of 
services assisted under this title) to serve as multipurpose senior 
centers, that— 
"(A) the plan contains or is supported by reasonable assur-
ances that (i) for not less than 10 years after acquisition, or 
not less than 20 years after the completion of construction, 
the facility will be used for the purpose for which it is to be 
acquired or constructed, unless for unusual circumstances the 
Commissioner waives the requirement of this division; (ii) 
sufficient funds will be available to meet the non-Federal share 
Multipurpose 
senior centers, 
facilities. 
92 STAT. 1528 
PUBLIC LAW 95-478—OCT. 18, 1978 
42 use 4151 
note. 
Legal services. 
42 use 2996 
note. 
of the cost of acquisition or construction of the facility; (iii) 
sufficient funds will be available when acquisition or con-
struction is completed, for effective use of the facility for the 
purpose for which it is being acquired or constructed; and 
(iv) the facility will not be used and is not intended to be 
used for sectarian instruction or as a place for religious 
worship; 
"(B) the plan contains or is supported by reasonable assur-
ances that, in the case of purchase or construction, there are 
no existing facilities in the community suitable for leasing as a 
•'' multipurpose senior center; 
"(C) the plans and specifications for the facility are in 
accordance with regulations relating to minimum standards 
of construction, promulgated with particular emphasis on 
securing compliance with the requirements of the Act of 
August 12, 1968, commonly known as the Architectural Bar-
riers Act of 1968; 
" ( D ) the plan contains or is supported bv adequate assur-
ance that any laborer or mechanic employed by any contractor 
or subcontractor in the performance of work on the facility 
will be paid wages at rates not less than those prevailing for 
similar work in the locality as determined by the Secretary 
of Labor in accordance with the Act of March 3, 1931 (40 
U.S.C. 276a—276a-5; commonly known as the Davis-Bacon 
Act), and the Secretary of Labor shall have, with respect to 
the labor standards specified in this clause, the authority 
and functions set forth in reorganization plan numbered 14 
of 1950 (15 F.K. 3176; 64 Stat. 1267), and section 2 of the 
Act of June 13,1934 (40 U.S.C. 276c); and 
" ( E ) the plan contains assurances that the State agency 
will consult with the Secretary of Housing and Urban Devel-
opment with respect to the technical adequacy of any proposed 
alteration or renovation; 
"(15) provide that with respect to legal services— 
"(A) the plan contains assurances that area agencies on 
aging will (i) enter into contracts with providers of legal 
services which can demonstrate the experience or capacity to 
deliver legal services; (ii) include in any such contract provi-
sions to assure that any recipient of funds under division (i) 
will be subject to specific restrictions and regulations pro-
mulgated under the Legal Services Corporation Act (other 
than restrictions and regulations governing eligibility for 
legal assistance under such Act and governing membership of 
local governing boards) as determined appropriate by the 
Commissioner; and (iii) attempt to involve the private bar in 
legal services activities authorized under this title, including 
groups within the private bar furnishing services to older 
individuals on a pro bono and reduced fee basis; 
" ( B ) the plan contains assurances that no legal services 
will be furnished unless the grantee— 
"(i) is a recipient of funds under the Legal Services 
Corporation Act; or 
"(ii) administers a program designed to provide legal 
services to all older individuals with social or economic 
need and has agreed to coordinate its services with exist-
ing Legal Services Corporation projects in the area in 
PUBLIC LAW 95-478—OCT. 18, 1978 
92 STAT. 1529 
order to concentrate the use of funds provided under 
this title on individuals with the greatest such need but 
who are not eligible for legal assistance under the Legal 
Services Corporation Act; 
42 USC 2996 
and the area agency makes a finding after assessment, pur- note, 
suant to standards for service promulgated by the Commis-
sioner, that any grantee selected is the entity best able to 
provide the particular services; 
"(C) the State agency will provide for the coordination 
of the furnishing of legal services to older individuals within 
the State, and provide advice and technical assistance in the 
provision of legal services to older individuals within the 
State and support the furnishing of training and technical 
assistance for legal services for older individuals; and 
"(D) the plan contains assurances, to the extent practi-
cable, that legal services furnished under the plan will be 
in addition to any legal services for older individuals being 
furnished with funds from sources other than this Act and 
that reasonable efforts will be made to maintain existing 
levels of legal services for older individuals; and 
"(16) provide that the State agency, from funds allotted under 
section 304(a) for part B will use an amount equal to an amount Post, p. 1535. 
not less than 1 percent of such allotment or $20,000, whichever is 
greater, for the purpose of carrying out the provisions of clause 
(12), except that (A) the requirement of this clause shall not 
apply in any fiscal year in which a State spends from State or 
local sources an amount equal to the amount required to be spent 
by this clause; and (B) the provisions of this clause shall not 
apply to American Samoa, Guam, the Virgin Islands, the Trust 
Territory of the Pacific Islands, and the Northern Mariana 
Islands. 
"(b) (1) The Commissioner shall approve any State plan which he 
finds fulfills the requirements of subsection (a). 
"(2) The Commissioner, in approving any State plan under this Waiver, 
section may, for the fiscal years 1979 and 1980, waive any particular 
requirement relating to the delivery of services or the establishment 
or operation of multipurpose senior centers which the State agency 
cannot meet because of the consolidation authorized by the Comprehen-
sive Older Americans Act Amendments of 1978 or because meeting Ante, p. 1513. 
such requirement would reduce or jeopardize the quality of services 
under this Act, except that the Commissioner may grant such a 
waiver only if the State agency demonstrates that it is taking steps 
to meet the requirements of this title, but in any event the Commis-
sioner may not grant a waiver for any requirement of this Act in effect 
on September 30, 1978. The Commissioner may not disapprove any 
State plan under paragraph (1) solely on the ground that a State 
requested a waiver under the preceding sentence. 
"(3) The Commissioner, in approving any State plan under this 
section, may waive the requirement described in clause (3) (B) of 
subsection (a) if the State agency demonstrates to the Commissioner 
that the service needs of older individuals residing in rural areas in 
the State are being met, or that the number of older individuals resid-
ing in such rural areas is not sufficient to require the State agency 
to comply with the requirement described in clause (3) (B) of sub-
section (a). 
"(c) The Commissioner shall not make a final determination disap- Hearing, 
proving any State plan, or any modification thereof, or make a final 
92 STAT. 1530 
PUBLIC LAW 95~478--OCT. 18, 1978 
determination that a State is ineligible under section 305, without 
first affording the State reasonable notice and opportunity for a 
hearing. 
State plan, failure 
"(d) Whenever the Commissioner, after reasonable notice and 
to comply. 
opportunity for a hearing to the State agency, finds that— 
"Q) the State is not eligible under section 305, 
"(2) the State plan has been so changed that it no longer com-
plies substantially with the provisions of subsection (a), or 
" (3) in the administration of the plan there is a failure to com-
ply substantially with any such provision of subsection (a), 
the Commissioner shall notify such State agency that no further pay-
ments from its allotments under section 304 and section 308 will be 
made to the State (or, in his discretion, that further payments to the 
State will be limited to projects under or portions of the State plan 
not affected by such failure), until he is satisfied that there will no 
longer be any failure to comply. Until he is so satisfied, no further pay-
ments shall be made to such State from its allotments under section 
304 and section 308 (or payments shall be limited to projects under or 
portions of the State plan not affected by such failure). The Commis-
sioner shall, in accordance with regulations he shall prescribe, dis-
burse the funds so withheld directly to any public or nonprofit private 
organization or agency or political subdivision of such State submit-
ting an approved plan in accordance with the provisions of section 
307. Any such payment shall be matched in the proportions specified 
in section 304. 
Appeal. 
" (e) (1) A State which is dissatisfied with a final action of the Com-
missioner under subsection (b), (c), or (d) may appeal to the United 
States court of appeals for the circuit in which the State is located, by 
filing a petition with such court within 30 days after such final action. 
A. copy of the petition shall be forthwith transmitted by the clerk of 
the court to the Commissioner, or any officer designated by him for 
such purpose. The Commissioner thereupon shall file in the court the 
record of the proceedings on which he based his action, as provided in 
' 
section 2112 of title 28, United States Code. 
Petition 
filing. 
"(2) Upon the filing of such petition, the court shall have jurisdic-
tion to affirm the action of the Commissioner or to set it aside, in whole 
or in part, temporarily or permanently, but until the filing of the 
record, the Commissioner may modify or set aside his order. The find-
ings of the Commissioner as to the facts, if supported by substantial 
evidence, shall be conclusive, but the court, for good cause shown, may 
remand the case to the Commissioner to take further evidence, and the 
Commissioner shall, within 30 days, file in the court the record of 
those further proceedings. Such new or modified findings of fact shall 
likewise be conclusive if supported by substantial evidence. The judg-
ment of the court affirming or setting aside, in whole or in part, any 
action of the Commissioner shall be final, subject to review by the 
Supreme Court of the United States upon certiorari or certification 
as provided in section 1254 of title 28, United States Code. 
"(3) The commencement of proceedings under this subsection shall 
not, unless so specifically ordered by the court, operate as a stay of the 
Commissioner's action. 
Grants. 
42 use 3028. 
"PLANNING, COORDINATION, EVALUATION, AND ADMINISTRATION OF STATE 
PLANS 
"SEC. 308. (a) (1) Amounts appropriated under section 303 may 
be used to make grants to States for paying such percentages as each 
PUBLIC LAW 95-478—OCT. 18, 1978 
92 STAT. 1531 
State agency determines, but not more than 75 percent, of the cost of 
the administration of its State plan, including the preparation of the 
State plan, the evaluation of activities carried out under sudh plan, 
the collection of data and the carrying out of analyses related to the 
need for social services, nutrition services, and multipurpose senior 
centers within the State, and dissemination of information so obtained, 
the provision of short-term training to personnel of public or nonprofit 
private agencies and organizations engaged in the operation of pro-
grams authorized by this Act, and the carrying out of demonstration 
projects of statewide significance relating to the initiation, expansion, 
or improvement of services assisted under this title. 
"(2) Any sums received by a State under this section for part of 
the cost of the administration of its State plan which the State deter-
mines is not needed for such purpose may be used by the State to 
supplement the amount available under section 304(d) (1) (A) to 
cover part of the cost of the administration of area plans. 
"(3) Any State which has designated a single planning and service 
area under section 305(a)(1)(E) covering all, or substantially all, 
of the older individuals in such State, as determined by the Com-
missioner, may elect to pay part of the costs of the administration of 
State and area plans either out of sums received under this section or 
out of sums made available for the administration of area plans under 
section 304(d) (1) (A), but shall not pay such costs out of sums received 
or allotted under both such sections. 
"(b) (1) From the sums appropriated for any fiscal year under sec- Funds, allocation, 
tion 303 for carrying out the purposes of this section, each State shall 
be allotted an amount which bears the same ratio to such sums as the 
population ao^ed 60 or older in such State bears to the population aged 
60 or older in all States, except that (A) no State shall be allotted 
less than one-half of 1 percent of the sum appropriated for the fiscal 
year for which the determination is made, or $300,000, whichever is 
greater: and (B) Guam, American Samoa, the Virgin Islands, the 
Trust Territory of the Pacific Islands, and the Northern Mariana 
Islands shall be each allotted no less than one-fourth of 1 percent of 
the sum appropriated for the fiscal year for which the determination 
is made, or $75,000, whichever is greater. For the purpose of the excep- "State." 
tion contained in clause (A), the term 'State' does not include Guam, 
American Samoa, the Virgin Islands, the Trust Territory of the Pacific 
Islands, and the Northern Mariana Islands. 
"(2) (A) Any State which desires to receive amounts, in addition Applications for 
to amounts allotted to such State under paragraph (1), to be used in additional funds, 
the administration of its State plan in accordance with subsection (a) 
may transmit an application to the Commissioner in accordance witli 
this paragraph. Any such application shall be transmitted in such 
form, and according to such procedures, as the Commissioner may 
require, except that such application may not be made as part of, or as 
an amendment to, the State plan. 
"(B) The Commissioner may approve any application transmitted 
by a State under subparagraph (A) if the Commissioner determines, 
based upon a particularized showing of need, that— 
"(i) the State will be unable to fully and effectively administer 
its State plan and to carry out programs and projects authorized 
by this title unless such additional amounts are made available 
by the Commissioner; 
"(ii) the State is making full and effective use of its allotment 
under paragraph (1) and of the personnel of the State agency 
and area agencies designated under section 305(a) (2) (A) in the 
92 STAT. 1532 
PUBLIC LAW 95-478—OCT. 18, 1978 
Limitation. 
State allotments. 
Post, p. 1536. 
Post, pp. 1535, 
1536. 
42 use 3029. 
administration of its State plan in accordance with subsection 
(a); and 
"(iii) the State agency and area agencies of such State desig-
nated under section 305 are carrying out, on a full-time basis, 
programs and activities which are in furtherance of the purposes 
of this Act. 
"(C) The Commissioner may approve that portion of the amount 
requested by a State in its application under subparagraph (A) which 
he determines has been justified in such application. 
"(D) Amounts which any State may receive in any fiscal year 
under this paragraph may not exceed three-fourths of 1 percent of 
the sum of the amounts allotted under section 304(a) to such State to 
carry out the State plan for such fiscal year. 
"(E) No application by a State under subparagraph (A) shall be 
approved unless it contains assurances that no amounts received by 
the State under this paragraph will be used to hire any individual 
to fill a job opening created by the action of the State in laying off 
or terminating the employment of any regular employee not supported 
under this Act in anticipation of filling the vacancy so created by hiring 
an employee to be supported through use of amounts received under 
this paragraph. 
"(3) Each State shall be entitled to an allotment under this section 
for any fiscal year in an amount which is not less than the amount of 
the allotment to which such State was entitled under paragraph (1) 
for the fiscal year ending June 30,1975. 
" (4) The number of individuals aged 60 or older in any State and in 
all States shall be determined by the Commissioner on the basis of the 
most recent satisfactory data available to him. 
"(5) Notwithstanding any other provision of this title, with respect 
to funds received under section 303(b) (1) and (2), a State may elect 
in its plan under section 307(a) (13) regarding part C of this title, to 
transfer a portion of the funds appropriated between subpart 1 and 
subpart 2 of part C, for use as the State considers appropriate to meet 
the needs of the area served. The Commissioner shall approve any such 
transfer unless he determines that such transfer is not consistent with 
the purposes of this Act. 
"(c) The amounts of any State's allotment under subsection (b) 
for any fiscal year which the Commissioner determines will not be 
required for that year for the purposes described in subsection (a) (1) 
shall be available to provide services under part B or part C, or both, 
in the State. 
"PAYMENTS 
"SEC. 309. (a) Payments of grants or contracts under this title may 
be made (after necessary adjustments resulting from previously made 
overpayments or underpayments) in advance or by way of reimburse-
ment, and in such installments, as the Commissioner may determine. 
From a State's allotment for a fiscal year which is available under 
section 308 the Commissioner may pay to a State which does not have a 
State plan approved under section 307 such amounts as he deems appro-
priate for the purpose of assisting such State in developing a State 
plan. 
"(b) (1) For each fiscal year, not less than 25 percent of the non-
Federal share of the total expenditures under the State plan which is 
required by section 304(d) shall be met from funds from State or local 
public sources. 
PUBLIC LAW 95-478—OCT. 18, 1978 
92 STAT. 1533 
"(2) Funds required to meet the non-Federal share required by 
section 304(d) (1) (B), in amounts exceeding the non-Federal share 
required prior to fiscal year 1981, shall be met from State sources. 
"(c) A State's allotment under section 304 for a fiscal year shall be 
reduced by the percentage (if any) by which its expenditures for such 
year from State sources under its State plan approved under section 
307 are less than its expenditures from such sources for the preceding-
fiscal year. 
"DISASTER RELIEF REIMBURSEMENTS 
"SEC. 310. (a) (1) The Commissioner may provide reimbursements 42 USC 3030 
to any State, upon a^jplication for such reimbursement, for funds such 
State makes available to area agencies in such State for the delivery of 
social services during any major disaster declared by the President in 
accordance with the Disaster Kelief Act of 1974. 
"(2) Total payments to all States under paragraph (1) in any fiscal 
year shall not exceed 5 percent of the total amount appropriated and 
available for carrying out the purposes of,section 421. 
" (b) (1) At the beginning of each fiscal year the Commissioner shall 
set aside, for payment to States under subsection (a), an amount equal 
to 5 percent of the total amount appropriated and available for carry-
ing out the purposes of section 421. 
"(2) Amounts set aside under paragraph (1) which are not obligated 
by the end of the third quarter of any fiscal year shall be made available 
for carrying out the purposes of section 421. 
"(c) Nothing in this section shall be construed to prohibit expendi-
tures by States for disaster relief for older individuals in excess of 
amounts reimbursable under this section, by using funds made avail-
able to them under other sections of this Act or under other provisions 
of Federal or State law, or from private sources. 
42 USC 5121 
note. 
Post, p. 1539. 
(( 
AVAILABILITY OF SURPLUS COMMODITIES 
Nutrition 
services. 
42 USC 3030a. 
"SEC. 311. (a) (1) Agricultural commodities and products pur-
chased by the Secretary of Agriculture under section 32 of the Act 
of August 24,1935 (7 U.S.C. 612c), shall be donated to a recipient of a 
grant or contract to be used for providing nutrition services in accord-
ance with the provisions of this title. 
" (2) The Commodity Credit Corporation shall dispose of food com-
modities under section 416 of the Agricultural Act of 1949 (7 U.S.C. 
1431) by donating them to a recipient of a grant or contract to be used 
for providing nutrition services in accordance with the provisions of 
this title. 
"(3) Dairy products purchased by the Secretary of Agriculture Dairy products 
under section 709 of the Food and Agriculture Act of 1965 (7 U.S.C. 
1446a-l) shall be used to meet the requirements of programs providing 
nutrition services in accordance with the provisions of this title. 
"(4) In donating commodities under this subsection, the Secre-
tary of Agriculture shall maintain an annually programmed level of 
assistance of not less than 15 cents per meal during fiscal year 1976, 
25 cents per meal during fiscal year 1977 and fiscal year 1978, and 
30 cents per meal during the three succeeding fiscal years. The amount 
specified in this paragraph shall be adjusted on an annual basis for 
each fiscal year after June 30, 1975, to reflect changes in the series 
for food away from home of the Consumer Price Index published by 
the Bureau of Labor Statistics of the Department of Labor. Such 
adjustment shall be computed to the nearest one-fourth cent. Among 
92 STAT. 1534 
PUBLIC LAW 95-478—OCT. 18, 1978 
High protein 
foods, meat, and 
meat alternates. 
Cash payments. 
42 use 3030b. 
the commodities delivered under this subsection, the Secretary shall 
give special emphasis to high protein foods, meat, and meat alternates. 
The Secretary of Agriculture, in consultation with the Commissioner, 
is authorized to prescribe the terms and conditions respecting the 
donating of commodities under this subsection. 
"(b) (1) During each of the fiscal years ending before October 1, 
1981, the Secretary of Agriculture shall purchase hi^h protein foods, 
meat, and meat alternates on the open market, at prices not in excess 
of market prices, out of funds appropriated under this section, as 
determined under paragraph (3), for distribution to recipients of 
grants or contracts to be used for providing nutrition services in 
accordance with the provisions of this title. High protein foods, meat, 
and meat alternates purchased by the Secretary of Agriculture under 
this subsection shall be grown and pi'oduced in the United States. 
"(2) High protein foods, meat, and meat alternates donated under 
this subsection shall not be considered donated commodities for pur-
poses of meeting the requirement of subsection (a) (4) with respect 
to the annually programmed level of assistance under subsection (a). 
"(3) There are authorized to be appropriated such sums as may be 
necessary in order to carry out the program established by para-
graph (1). 
"(c) (1) Notwithstanding any other provision of law, a State may, 
for purposes of the programs authorized by this Act, elect to receive 
cash payments in lieu of donated foods for all or any portion of its 
project. In any case in which a State makes such an election, the 
Secretary of Agriculture shall make cash payments to such State in 
an amount equivalent in value to the donated foods which the State 
otherwise would have received if such State had retained its com-
modity distribution. 
" (2) When such payments are made, the State agency shall promptly 
and equitably disburse any cash it receives in lieu of commodities to 
recipients of grants or contracts. Such disbursements shall only be 
used by such recipients of grants or contracts to purchase United 
States agricultural commodities and other foods for their nutrition 
projects. 
"(3) Nothing in this subsection shall be construed to authorize the 
Secretary of Agriculture to require any State to elect to receive cash 
payments under this subsection. 
"MULTIPURPOSE SENIOR CENTERS : RECAPTURE OF PAYMENTS 
"SEC. 312. If, within 10 years after acquisition, or within 20 years 
after the completion of construction, of any facility for which funds 
have been paid under this title— 
"(1) the owner of the facility ceases to be a public or nonprofit 
private agency or organization; or 
"(2) the facility ceases to be used for the purposes for which 
it was acquired (unless the Commissioner determines, in accord-
ance with regulations, that there is good cause for releasing the 
applicant or other owner from the obligation to do so); 
the United States shall be entitled to recover from the applicant 
or other owner of the facility an amount which bears to the then value 
of the facility (or so much thereof as constituted an approved project 
or projects) the same ratio as the amount of such Federal funds bore 
to the cost of the facility financed with the aid of such funds. Such 
valt^e shall be determined by agreement of the parties or by action 
PUBLIC LAW 95-478—OCT. 18, 1978 
92 STAT. 1535 
brought in the United States district court for the district in which 
such facility is situated. 
"AUDIT 
"SEC. 313. The Commissioner and the Comptroller General of the 42 USC 3030c. 
United States or any of their duly authorized representatives shall 
have access for the purpose of audit and examination to any books, 
documents, papers, and records that are pertinent to a grant or con-
tract received under this title. 
"PART B—SOCIAL SERVICES 
u 
PROGRAM AUTHORIZED 
Grant program. 
42 USC 3030d. 
"SEC. 321. (a) The Commissioner shall carry out a program for 
making grants to States under State plans approved under section 
307 for any of the following social services: 
"(1) health, continuing education, welfare, informational, rec-
reational, homemaker, counseling, or referral services; 
"(2) transportation services to facilitate access to social serv-
ices or nutrition services, or both; 
" (3) services designed to encourage and assist older individuals 
to use the facilities and services available to them; 
"(4) services designed to assist older individuals to obtain 
adequate housing, including residential repair and renovation 
projects designed to enable older individuals to maintain their 
homes in conformity with minimum housing standards or to adapt 
homes to meet the needs of older individuals suffering from 
physical disabilities; 
"(5) services designed to assist older individuals in avoiding 
institutionalization, including preinstitution evaluation and 
screening and home health services, homemaker services, shopping 
services, escort services, reader services, letter writing services, and 
other similar services designed to assist such individuals to con-
tinue living independently in a home environment; 
" (6) services designed to provide legal services and other coun-
seling services and assistance, including tax counseling and 
assistance and financial counseling, to older individuals; 
" (7) services designed to enable older individuals to attain and 
maintain physical and mental well-being through programs of 
regular physical activity and exercise; 
(8) services designed to provide health screening to detect or 
prevent illness, or both, that occur most frequently in older 
individuals; 
"(9) services designed to provide preretirement and second 
career counseling for older individuals; 
"(10) services of an ombudsman at the State level to receive, 
investigate, and act on complaints by older individuals who are 
residents of long-term care facilities and to advocate the well-
being of such individuals; 
"(11) services which are designed to meet the unique needs of 
older individuals who are disabled; or 
"(12) any other services; 
if such services meet standards prescribed by the Commissioner and 
are necessary for the general welfare of older individuals. 
"(b) (1) The Commissioner shall carry out a program for making Facilities 
grants to States under State plans approved under section 307 for 
92 STAT. 1536 
PUBLIC LAW 95-478—OCT. 18, 1978 
Professional and 
technical 
personnel, 
compensation. 
the acquisitioiij alteration, or renovation of existing facilities, includ-
ing mobile units, and, where appropriate, construction of facilities 
to serve as multipurpose senior centers which shall be community 
facilities for the organization and provision of a broad spectrum of 
services, including provision of health, social, nutritional, and educa-
tional services and provision of facilities for recreational activities 
for older individuals. 
"(2) Funds made available to a State under this part may be used, 
for the purpose of assisting in the operation of multipurpose senior 
centers, to meet all or part of the costs of compensating professional 
and technical personnel required for the operation of multipurpose 
senior centers. 
"PART C—NUTRITION SERVICES 
"Subpart 1—Congregate Nutrition Services 
u 
Grants. 
42 u s e 3030e. 
PROGRAM AUTHORIZED 
"SEC. 331. The Commissioner shall carry out a program for making 
grants to States under State plans approved under section 307 for the 
establishment and operation of nutrition projects— 
" (1) which, 5 or more days a week, provide at least one hot or 
other appropriate meal per day and any additional meals which 
the recipient of a grant or contract under this subpart may elect 
to provide, each of which assures a minimum of one-third of the 
daily recommended dietary allowances as established by the Food 
and Nutrition Board of the National Academy of Sciences-
National Research Council; 
"(2) which shall be provided in congregate settings; and 
"(3) which may include nutrition education services and other 
appropriate nutrition services for older individuals. 
"Subpart 2—Home Delivered Nutrition Services 
a 
Grants. 
42 use 3030f. 
Efficiency and 
quality standards. 
42 u s e 3030g. 
PROGRAM AUTHORIZED 
"SEC. 336. The Commissioner shall carry out a program for making 
grants to States under State plans approved under section 307 for 
the establishment and operation of nutrition projects for older indi-
viduals which, 5 or more days a week, provide at least one home 
delivered hot, cold, frozen, dried, canned, or supplemental foods (with 
a satisfactory storage life) meal per day and any additional meals 
which the recipient of a grant or contract under this subpart may elect 
to provide, each of which assures a minimum of one-third of the daily 
recommended dietary allowances as established by the Food and Nutri-
tion Board of the National Academy of Sciences-National Research 
Council. 
u 
CRITERIA 
"SEC. 337. The Commissioner, in consultation with organizations of 
and for the aged, blind, and disabled, and with representatives from 
the American Dietetic Association, the Association of Area Agencies 
on Aging, the National Association of Title VII Project Directors, 
the National Association of Meals Programs, Incorporated, and any 
other appropriate group, shall develop minimum criteria of efficiency 
and quality for the furnishing of home delivered meal services for 
projects described in section 336. The criteria required by this section 
PUBLIC LAW 95-478—OCT. 18, 1978 
92 STAT. 1537 
shall take into account the ability of established home delivered meals 
programs to continue such services without major alteration in the 
furnishing of such services.". 
TRAINING, RESEARCH, AND DISCRETIONARY PROJECTS AND PROGRAMS 
SEC. 104. (a) (1) Section 401 is amended to read as follows: 
"STATEMENT or 
PURPOSE 
" S E C 401. (a) The purpose of this part is to develop and implement 
a national manpower policy for the field of aging. Such a policy shall 
reflect the present and future needs for training personnel, including 
personnel involved in advocacy and leadership, in all programs serv-
ing the elderly recognizing the unique health, transportation, and 
housing problems of the elderly, the continual growth of the elderly 
population of the United States, and the high incidence of disabilities 
within such population. The national manpower policy established 
under this part shall require that training programs shall give priority 
to training personnel responsible for carrying out projects relating to 
multipurpose senior centers under part B of title I I I and for carrying 
out programs under part C of title III. 
" (b) The policy required by this title shall be developed and imple-
mented by the Commissioner in cooperation with other departments 
and agencies of the Federal Government, including the Public Health 
Service, the Health Care Financing Administration, the Social Secu-
rity Administration, the National Institutes of Health, and in particu-
lar the National Institute on Aging, the Administration for Public 
Services, the Rehabilitation Services Administration, the Veterans' 
Administration, the Department of Labor, the Department of Hous-
ing and Urban Development, and the Department of Transportation, 
State employment agencies, State and area agencies on aging, and 
other appropriate agencies.". 
(2) Section 402 is amended to read as follows: 
"APPRAISING PERSONNEL NEEDS IN THE FIELD OF AGING 
42 use 3031. 
National 
manpower policy. 
Ante, p. 1535. 
Ante, p. 1536. 
Implementation. 
42 use 3032. 
"SEO. 402. (a) The Commissioner shall, at such times as he deems 
appropriate and in cooperation with representatives referred to in 
section 401 (b), assess the Nation's existing and future personnel needs 
in the field of aging, including as part of such assessment, the needs 
for personnel in both institutional and non-institutional long-term 
care settings, and evaluate all programs, including institutional and 
non-institutional long-term care programs, serving the elderly at all 
levels of government recognizing the continual growth of the elderly 
population. The assessment required by this section shall be conducted 
in accordance with the national manpower policy developed under 
section 401. 
"(b) The assessment required by this section shall be submitted 
Report to 
biennially to the Congress. Each such report shall indicate the impact 
eongress. 
of the assessment on the national manpower policy and plans for the 
future.". 
(3) (A) Section 403 is amended by striking out "The" and insert- 42 USe 3033. 
ing in lieu thereof the following: "In accordance with the require-
ments set forth in the national manpower policy, the". 
39-194 O—80—pt. 2 
17 : QL3 
92 STAT. 1538 
PUBLIC LAW 95-478—OCT. 18, 1978 
42 use 3033. 
(B) Section 403(4) is amended by striking out "to the purposes 
of this Act" and inserting in lieu thereof "to the field of aging". 
42 use 3034. 
(4) (A) Section 404(a) is amended— 
(i) by striking out "The" and inserting in lieu thereof the 
following: "In accordance with the requirements set forth in the 
national manpower policy, the"; and 
'^ 
(ii) by striking out "fields related to the purposes of this Act" 
and inserting in lieu thereof "the field of aging". 
(B) Section 404(a)(1) is amended by striking out "purposes of 
this Act" and inserting in lieu thereof "field of aging". 
(C) Section 404(a) is further amended by redesignating clauses 
(1), (2), (3), (4), (5), and (6) as clauses (2), (3),( 4), (5), (6), and 
(7), respectively, and by inserting after the dash the following new 
clause: 
"(1) to coordinate the training efforts of all programs serving 
the elderly at the Federal, State, and local levels recognizing the 
continual growth of the elderly population,". 
(D) Section 404(a) is further amended by redesignating clauses 
(6) and (7), as so redesignated in subparagraph (C), as clauses (8) 
and (9), respectively, and by inserting after clause (5), as so redesig-
nated in subparagraph (C), the following new clauses: 
"(6) to assess future national personnel needs, including the 
' 
need for training of advocates, with respect to the elderly with 
special emphasis on the needs of elderly minority group individ-
uals and the need for the training of minority group individuals 
to meet such needs, 
" (7) to assist in paying the costs, in whole or in part, of special 
courses of training designed to meet the needs of service providers 
in rural areas,". 
42 use 3035. 
(b) (1) (A) Section 411 is amended by inserting "(a)" after the sec-
tion designation. 
(B) Section 411(a), as so redesignated in subparagraph (A), is 
^ 
amended by striking out "The" and inserting in lieu thereof "To 
support research efforts related to the implementation of this Act 
together Avith areas of concern relating to the living conditions of the 
elderly, the". 
(2) Section 411 is further amended by adding at the end thereof 
the following new subsections: 
Grants and 
"(b) In accordance with the purposes of this part, the Commissioner 
contracts. 
shall make grants to any public agency or nonprofit private organiza-
tion or institution and contracts with any agency, organization, or 
institution or with an individual for the purpose of— 
Study. 
" (1) conducting a study related to the problems experienced by 
State and area agencies on aging and other service providers in-
operating transportation services, with particular emphasis on 
the difficulties of continually rising insurance costs and restrictions 
being placed upon the operation of such services by insurance 
,, ,^. 
underwriters; 
- 
"(2) revising existing Federal transportation programs for 
older individuals to— 
"(A) provide more coordinated and comprehensive services 
> s I 
to such individuals; 
"(B) 
eliminate unnecessary duplication among such 
programs; 
"(C) eliminate disparities in eligibility requirements among 
Federal transportation programs for older individuals; and 
PUBLIC LAW 95-478—OCT. 18, 1978 
92 STAT. 1539 
"(D) study the possibility of transferring to a single 
r 
administrative unit the responsibility for the administration 
V 
of all Federal transportation programs for older individuals; 
and 
"(3) conducting a study related to the differences in unit costs, 
service delivery, and access between rural areas and urban areas 
for services assisted under this Act and the special needs of the 
elderly residing in rural areas. 
"(c) Upon completion of the studies described in subsection (b), 
but not later than 2 years after the date of the enactment of the Com-
prehensive Older Americans Act Amendments of 1978, the Commis-
sioner shall submit to the Congress and make available through the 
National Information and Resource Clearing House for the Aging 
the results of the studies, together with such recommendations as he 
deems necessary.". 
(3) Section 412 is hereby repealed. 
(c)(1) Title IV is amended— 
(A) by redesignating part C and part E as part D and part F, 
respectively; 
(B) by redesignating sections 421, 431, and 432 of sections 441, 
451, and 452, respectively; and 
(C) by inserting after part B the following new parts: 
"PART C—DISCRETIONARY PROJECTS AND PROGRAMS 
Study. 
Submittal of 
study results to 
Congress. 
Repeal. 
42 use 3035a. 
42 use 3031. 
42 use 3036, 
3037. 
42 use 3036, 
3037, 3037a. 
"DEMONSTRATION PROJECTS 
"SEC. 421. (a) The Commissioner may, after consultation with the 
State agency in the State involved, make grants to any public agency 
or nonprofit private organization or enter into contracts with any 
agency or organization within such State for paying part or all of the 
cost of developing or operating nationwide, statewide, regional, metro-
politan area, county, city, or community model projects which will 
demonstrate methods to improve or expand social services or nutrition 
services or otherwise promote the well-being of older individuals. The 
Commissioner shall give special consideration to the funding of rural 
area agencies on aging to conduct model projects devoted to the special 
needs of the rural elderly. Such projects shall include alternative health 
care delivery systems, advocacy and outreach programs, and transpor-
tation services. 
"(b) In making grants and contracts under this section, the Com-
missioner shall give special consideration to projects designed to—• 
"(1) assist in meeting the special housing needs of older 
individuals by— 
"(A) providing financial assistance to such individuals, 
who own their own homes, necessary to enable them to make 
the repairs or renovations to their homes, which are necessary 
for them to meet minimum standards; 
"(B) studying and demonstrating methods of adapting 
existing housing, or construction of new housing, to meet the 
needs of older individuals suffering from physical disabil-
ities; and 
"(C) demonstrating alternative methods of relieving older 
individuals of the burden of real property taxes on their 
homes; 
" (2) provide continuing education to older individuals designed 
Grants and 
contracts. 
42 use 3035b. 
Housing 
assistance. 
Continuing 
education. 
92 STAT. 1540 
PUBLIC LAW 95-478—OCT. 18, 1978 
Preretirement 
education 
information. 
Special services. 
Rural 
Procedures. 
to enable them to lead more productive lives by broadening the 
educational, cultural, or social awareness of such older individ-
uals, emphasizing, where possible, free tuition arrangements with 
colleges and universities; 
"(3) provide preretirement education information, and rele-
vant services (including the training of personnel to carry out 
such programs and the conducting of research with respect to the 
development and operation of such programs) to individuals 
planning retirement; 
"(4) provide services to assist in meeting the particular needs 
of physically and mentally impaired older individuals, includ-
ing special transj)ortation and escort services, homemaker, home 
health and shopping services, reader services, letter writing serv-
ices, and other services designed to assist such individuals in lead-
ing more independent lives; 
" (5) meet the special needs of, and improve the delivery of serv-
ices to, older individuals who are not receiving adequate services 
under other provisions of this Act, with emphasis on the needs of 
low-income, minority, Indian, and limited English-speaking indi-
viduals and the rural elderly; 
"(6) assist older individuals to remain within their communi-
ties and out of institutions and to maintain their independent liv-
ing, in their own residences or in a family living arrangement, 
"(A) providing financial assistance for the establishment 
and operation of senior ambulatory care day ceYiters (pro-
viding a planned schedule of health, therapeutic, education, 
nutrition, recreational, rehabilitation, and social services at 
least 24 hours per week, transportation arrangements at low 
or no cost for participants to and from the center, a mid-day 
meal, outreach and public information programs, and oppor-
tunities for maximum participation of senior participants 
and senior volunteers in the planning and operation of the 
center); and 
"(B) maintaining or initiating arrangements (or providing 
reasonable assurances that such arrangements will be main-
tained or initiated) with any agency of the State involved 
which administers or supervises the administration of a State 
< 
plan approved under titles XIX and X X of the Social Secu-
rity Act, and with other appropriate social services agencies 
receiving, or reimbursed through. Federal financial assistance, 
for the payment of all or a part of the center's costs in provid-
ing services to eligible individuals; 
"(7) meet the special needs of older individuals residing in 
rural areas; or 
"(8) develop or improve methods of coordinating all available 
social services for the homebound elderly, blind, and disabled by 
establishing demonstration projects in 10 States, in accordance 
with subsection (c). 
"(c) (1) The Commissioner shall consult with the Commissioner of 
the Rehabilitation Services Administration, the Commissioner of the 
Social Security Administration, and the Surgeon General of the Pub-
lic Health Service, to develop procedures for— 
" (A) identifying elderly, blind, and disabled individuals who 
need social services; 
PUBLIC LAW 95-478—OCT. 18, 1978 
92 STAT. 1541 
"(B) compiling a list in each community of all services avail-
able to the elderly, blind, and disabled; and 
"(C) establishing an information and referral service within 
the appropriate community agency to— 
"(i) inform those in need of the availability of such serv-
ices; and 
" (ii) coordinate the delivery of such services to the elderly, 
blind, and disabled. 
The Commissioner shall establish procedures for administering dem-
onstration projects imder subsection (b) (8) no later than 6 months 
after the effective date of this subsection. The Commissioner shall 
report to the Congress with respect to the results and findings of the 
demonstration projects at the end of fiscal year 1979. In such report, 
the Commissioner shall make such recommendation, based upon the 
findings, as may be appropriate to improve the delivery of social serv-
ices to such elderly, blind, and disabled individuals. 
"(2) (A) There are authorized to be appropriated for fiscal years 
1979,1980, and 1981, such sums as may be necessary for the purpose of 
implementing the demonstration projects under subsection (b) (8). 
"(B) For the purpose of carrying out this subsection, there are 
authorized to be appropriated such sums as may be necessary for fiscal 
year 1979. 
u 
SPECIAL PROJECTS IN COMPREHENSIVE LONG-TERM CARE 
"SEC. 422. (a) (1) The Commissioner may make grants to selected 
State agencies designated under section 305(a) (1), and, in consulta-
tion with State agencies, selected area agencies on aging designated 
under section 305(a)(2)(A), institutions of higher education, and 
other public agencies and private nonprofit organizations, associa-
tions, and groups to support the development of comprehensive, coor-
dinated systems of community long-term care for older individuals, 
with special emphasis upon—• 
"(A) services designed to support alternatives to institutional 
living; and 
"(B) the assessment of need, the development of a plan of care, 
and the referral of individuals, in the delivery of long-term care 
services, including non-institutional and institutional services, 
where appropriate. 
"(2) A grant under this section may be made to pay part or all of 
the estimated cost of a program (including start-up cost) for a period 
of not more than 3 years, except that no funds may be used to pay 
for direct services which are eligible for reimbursement under title 
X\n:il, title XIX, or title XX of the Social Security Act. 
"(3) A grant made under this section shall be used for the develop-
ment of programs which provide a full continuum of services. Such 
services may include— 
" (A) adult day health; 
"(B) monitoring and evaluation of service effectiveness; 
"(C) supported living in public and private nonprofit housing; 
" ( D ) family respite services; 
" ( E ) preventive health services; 
"(F) home health, homemaker, and other rehabilitative and 
maintenance in-home services; 
*' (G) geriatric health maintenance organizations; and 
Report to 
Congress. 
Appropriation 
authorization. 
Grants. 
42 u s e 3035c. 
42 u s e 1395, 
1396, 1397. 
92 STAT. 1542 
PUBLIC LAW 95-478~OCT. 18, 1978 
Preference of 
applicants. 
Program 
evaluation 
procedures. 
Report to 
G)ngress. 
"(H) Other services which the Commissioner determines are 
appropriate, which were previously unavailable to the individuals 
to be served and which, at a minimum, provide for identification 
and assessment of the long-term care needs of older individuals, 
referral of such individuals to the appropriate services, and 
follow-up and evaluation of the continued appropriateness of 
such services with provision for re-referral as appropriate. 
"(4) A grant under this section may be used to encourage the devel-
opment of manpower training programs designed to further the pur-
poses described in paragraph (3). 
"(b) (1) In making grants to States under this section preference 
shall be given to applicants which demonstrate that— 
"(A) adequate State standards have been developed to ensure 
the quality of services provided; 
"(B) the State has made a commitment to carry out the program 
assisted under this section with the State agency responsible for 
the administration of title X I X of the Social Security Act or title 
XX of the Social Security Act, or both such agencies; 
"(C) the State will develop plans to finance the comprehensive 
program assisted under this section; and 
"(D) the State agency has a plan for statewide or designated 
regions of the State containing provisions designed to maximize 
access to older individuals for long-term care services. 
"(2) In awarding grants to agencies and organizations under this 
section, preference shall be given to applicants that— 
" (A) possess the capability to establish community-based long-
term care programs; and 
"(B) demonstrate that a need exists for the establishment of 
such programs in the area to be served. 
"(3) Agencies and organizations assisted under this section shall 
establish procedures for evaluating the program assisted under this 
section, with respect to the benefits accruing to persons receiving 
assistance, the feasibility of the administrative model used for compre-
hensive coordination of services including coordination with other 
local prograjns, and the comparative costs and quality of services pro-
vided, and shall submit such evaluation to the Commissioner on a 
periodic basis. 
" (c) The Secretary shall involve appropriate Federal departments 
and agencies in carrying out the provisions of this section in order to 
assure coordination at the Federal level and to avoid duplication and 
shall report to the Congress annually on the impact of grants made, on 
the experiences of grantees in meeting the requirements of this section, 
and on the comparative benefits and costs of projects assisted under 
this section. 
"(d) Sums appropriated to carry out this section shall, to the extent 
feasible, be used to support programs equitably distributed through-
out the Nation between urban and rural areas. 
• 
SPECIAL DEMONSTRATION PROJECTS ON LEGAL SERVICES FOR OLDER 
AMERICANS 
42 use 3035d. 
"SEC. 423. (a) The Commissioner may make grants to and enter 
into contracts with public and private nonprofit agencies or organiza-
tions in order to— 
"(1) support legal research, technical assistance, training, 
information dissemination, and other support activities to agen-
PUBLIC LAW 95-478—OCT. 18, 1978 
92 STAT. 1543 
cies, organizations, institutions, and private law firms that are 
providing, developing, or supporting pro bono or reduced-fee 
legal services to older individuals; and 
(2) support demonstration projects to expand or improve the 
delivery of legal services to older individuals with social or eco-
nomic need. 
"(b) Any grants or contracts entered into under subsection (a) (2) 
shall contain assurances that the requirements of section 307(a) (15) 
are met. 
"(c) From the sums appropriated under section 451 for each fiscal 
year, not less than $5,000,000 shall be reserved to carry out the provi-
sions of this section. 
u 
NATIONAL IMPACT DEMONSTRATIONS 
"SEC. 424. (a) The Commissioner may carry out directly or through 
42 USC 3035e. 
grants or contracts— 
"(1) innovation and development projects and activities of 
national significance which show promise of having substantial 
impact on the expansion or improvement of social services, nutri-
tion services, or multipurpose senior centers or otherwise promot-
ing the well-being of older individuals; and 
"(2) dissemination of information activities related to such 
programs. 
"(b) An amount not to exceed 15 percent of any sums appropriated 
under section 451 may be used for carrying out this section. 
u. 
UTILITY AND HOME HEATING COST DEMONSTRATION PROJECTS 
"SEC. 425. The Secretary may, after consultation with the appro- 42 USC 3035f. 
priate State agency designated under section 305(a) (1), make grants 
to pay for part or all of the costs of developing model projects which 
show promise of relieving older individuals of the excessive burdens 
of high utility service and home heating costs. Any such project shall 
give special consideration to projects under which a business concern 
engaged in providing home heating oil to the public, or a public utility, 
provides home heating oil or utility services to low-income older 
individuals at a cost which is substantially lower than providing home 
heating oil or utility services to other individuals. 
"PARTD—MORTGAGE INSURANCE AND INTEREST GRANTS FOR 
MULTIPURPOSE SENIOR 
CENTERS 
"MORTGAGE INSURANCE 
AUTHORIZED 
"SEC. 431. (a) It is the purpose of this part to assist and encourage 
42 USC 3035g. 
the provision of urgently needed facilities for programs for the elderly. 
" (b) For the purpose of this part the terms 'mortgage', 'mortgagor', 
'mortgagee', 'maturity date', and 'State' shall have the meanings 
respectively set forth in section 207 of the National Housing Act. 
12 USC 1713. 
" (c) The Secretary of Health, Education, and Welfare is authorized 
to insure any mortgage (including advances on such mortgage during 
acquisition, alteration, renovation, or construction) in accordance with 
the provisions of this section upon such terms and conditions as he 
may prescribe and make commitments for insurance of such mortgage 
prior to the date of its execution or disbursement thereon. 
"(d) In order to carry out the purpose of this section, the Secretary 
92 STAT. 1544 
PUBLIC LAW 95-478—OCT. 18, 1978 
is authorized to insure any mortgage which covers a new multipur-
pose senior center, including equipment to be used in its operation, 
subject to the following conditions: 
"(1) The mortgage shall be executed by a mortgagor, approved 
by the Secretary, who demonstrates ability successfully to operate 
one or more programs for the elderly. The Secretary may in his 
discretion require any such mortgagor to be regulated or restricted 
as to minimum charges and methods of financing, and in addition 
thereto, if the mortgagor is a corporate entity, as to capital struc-
; 
ture and rate of return. As an aid to the regulation or restriction 
of any mortgagor with respect to any of the foregoing matters, 
the Secretary may make such contracts with and acquire for not to 
exceed $100 such stock interest in such mortgagor as he may deem 
necessary. Any stock or interest so purchased shall be paid for out 
of the Multipurpose Senior Center Insurance Fund, and shall be 
^ ' 
' ^ I. 
redeemed by the mortgagor at par upon the termination of all 
obligations of the Secretary under the insurance. 
"(2) The mortgage shall involve a principal obligation in an 
' 
amount not to exceed $250,000 and not to exceed 90 percent of 
the estimated replacement cost of the property or project, includ-
ing equipment to be used in the operation of the multipurpose 
senior center, when the proposed improvements are completed and 
the equipment is installed. 
"(3) The mortgage shall—• 
"(A) provide for complete amortization by periodic pay-
ments within such term as the Secretary shall prescribe, and 
"(B) bear interest (exclusive of premium charges for 
insurance and service charges, if any) at not to exceed such 
per centum per annum on the principal obligation outstand-
ing at any time as the Secretary finds necessary to meet the 
mortgage market. 
"(4) The Secretary shall not insure any mortgage under this 
' 
section unless he has determined that the center to be covered by 
the mortgage will be in compliance with minimum standards to 
be prescribed by the Secretary. 
"(5) In the plans for such multipurpose senior center, due con-
sideration shall be given to excellence of architecture and design, 
and to the inclusion of works of art (not representing more than 
1 percent of the cost of the project). 
Mortgage 
"(e) The Secretary shall fix and collect premium charges for the 
insurance 
insurance of mortgages under this section which shall be payable 
premium charges, annually in advance by the mortgagee, either in cash or in debentures 
of the Multipurpose Senior Center Insurance Fund issued at par plus 
accrued interest. In the case of any mortgage such charge shall not 
/ 
be less than an amount equivalent to one-fourth of 1 percent per annum 
nor more than an amount equivalent to 1 percent per annum of the 
amount of the principal obligation of the mortgage outstanding at 
any one time, without taking into account delinquent payments or pre-
payments. In addition to the premium charge provided for in this sub-
jection, the Secretary is authorized to charge and collect such amounts 
as he may deem reasonable for the appraisal of a property or project 
during acquisition, alteration, or renovation; but such charges for 
appraisal and inspection shall not aggregate more than 1 percent of 
the original principal face amount of the mortgage. 
"(f) The Secretary may consent to the release of a part or parts of 
the mortgaged property or project froin the lien of any mortgage 
PUBLIC LAW 95-478—OCT. 18, 1978 
92 STAT. 1545 
insured under this section upon such terms and conditions as he may 
prescribe. 
"(g) (1) The Secretary shall have the same functions, powers, and 
duties (insofar as applicable) with respect to the insurance of mort-
gages under this section as the Secretary of Housing and Urban 
Development has with respect to the insvirance of mortgages under title 
I I of the National Housing Act. 
12 USC 1707. 
"(2) The provisions of subsections (e), (g), (h), (i), (j), (k), (1), 
and (n) of section 207 of the National Housing Act shall apply to 12 USC 1713. 
mortgages insured under this section; except that, for the purposes of 
their application with respect to such mortgages, all references in such 
provisions to the General Insurance Fund shall be deemed to refer to 
the Multipurpose Senior Center Insurance Fund, and all references 
in such provisions to 'Secretary' shall be deemed to refer to the Secre-
tary of Health, Education, and Welfare. 
"(h) (1) There is hereby created a Multipurpose Senior Center 
Multipurpose 
Insurance Fund which shall be used by the Secretary as a revolving Senior Center 
fund for carrying out all the insurance provisions of this section. All Insurance Fund, 
mortgages insured under this section shall be insured under and be 
. 
the obligation of the Multipurpose Senior Center Insurance Fund. 
"(2) The general expenses of the operations of the Department of 
Health, Education, and Welfare relating to mortgages insured under 
this section may be charged to the Multipurpose Senior Center Insur-
ance Fund. 
"(3) Moneys in the Multipurpose Senior Center Insurance Fund 
not needed for the current operations of the Department of Health, 
Education, and Welfare with respect to mortgages insured under this 
section shall be deposited with the Treasurer of the United States to 
the credit of such fund, or invested in bonds or other obligations of, 
or in bonds or other obligations guaranteed as to principal and interest 
by, the United States. The Secretary may, with the approval of the 
Secretary of the Treasury, purchase in the open market debentures 
issued as obligations of the Multipurpose Senior Center Insurance 
Fund. Such purchases shall be made at a price which will provide an 
investment yield of not less than the yield obtainable from other 
investments authorized by this section. Debentures so purchased shall 
be canceled and not reissued. 
"(4) Premium charges, adjusted premium charges, and appraisal 
and other fees received on account of the insurance of any mortgage 
under this section, the receipts derived from property covered by such 
mortgages and from any claims, debts, contracts, property, and secu-
rity assigned to the Secretary in connection therewith, and all earn-
ings as the assets of the fund, shall be credited to the Multipurpose 
Senior Center Insurance Fund. The principal of, and interest paid and 
to be paid on, debentures w^hich are the obligation of such fund, cash 
insurance payments and adjustments, and expenses incurred in the 
handling, management, renovation, and disposal of properties acquired 
or constructed in connection wdth mortgages insured under this sec 
tion, shall be charged to such fund. 
"(5) There are authorized to be appropriated to provide initial 
capital for the Multipurpose Senior Center Insurance Fund, and to 
assure the soundness of such fund thereafter, such sums as may be 
necessary. 
"ANNUAL INTEREST GRANTS 
"SEC. 432. (a) To assist nonprofit private agencies to reduce the 42 USC 3035h. 
cost of borrowing from other sources for the acquisition, alteration, 
92 STAT. 1546 
PUBLIC LAW 95-478—OCT. 18, 1978 
renovation, or construction of facilities for multipurpose senior cen-
ters, the Secretary may make annual interest grants to such agencies. 
"(b) Annual interest grants under this section with respect to any 
facility shall be made over a fixed period not exceeding forty years, 
and provision for such grants shall be embodied in a contract guaran-
teeing their payment over such period. Each such grant shall be in an 
•^' '^ '' 
amount not greater than the difference between (1) the average annual 
debt service which would be required to be paid, during the life of the 
^ • 
loan, on the amount borrowed from other sources for the acquisition, 
alteration, renovation, or construction of such facilities, and (2) the 
average annual debt service which the institution would have been 
required to pay, during the life of the loan, with respect to such 
amounts if the applicable interest rate were 3 percent per annum, except 
that the amount on which such grant is based shall be approved by the 
Secretary. 
"(c) (1) There are hereby authorized to be appropriated to the Sec-
retary such sums as may be necessary for payment of annual interest 
grants in accordance with this section. 
Limitation. 
"(2) Contracts for annual interest grants under this section shall 
not be entered into in an aggregate amount greater than is authorized 
in appropriation Acts. 
Limitation. 
"(d) Not more than 121/^ per centum of the funds provided for in 
this section for grants may be used within any one State.". 
(2) The heading of title IV is amended to read as follows: 
"TITLE IV—TRAINING, RESEARCH, AND DISCRETION-
ARY PROJECTS AND PROGRAMS". 
42 use 3036. 
(d) (1) The first sentence of section 441, as so redesignated in sub-
section (c) (1), is amended by inserting before the period a comma and 
the following: "and gerontology centers of special emphasis (includ-
ing health, income maintenance, housing, service delivery and 
utilization, preretirement and retirement, and long-term care and 
alternatives)". 
(2) Section 441(1) (A), as so redesignated in subsection (c) (1), is 
amended by inserting before the comma the following: "in accordance 
with the national manpower policy as described in section 401". 
(3) Section 441, as so redesignated in subsection (c) (1), is amended 
by striking out "and" at the end of clause (2), by striking out the 
period at the end of clause (3) and inserting in lieu thereof a semicolon 
and "and", and by adding at the end thereof the following new clause: 
" (4) provides for making biennial reports to the Commissioner 
summarizing the training, research, and special demonstration 
efforts of the centers which shall then be made available through 
the National Information and Resource Clearing House for the 
Aging, where appropriate.". 
42 use 3037. 
(e) (1) Section 451, as so redesignated in subsection (c) (1) (B), is 
amended to read as follows: 
u 
AUTHORTZATiON OF APPROrRIATIOXS 
"SEC. 451. (a) Except as otherwise specifically provided in this 
title, there are authorized to be appropriated to carry out the provi-
sions of this title such sums as may be necessary for each fiscal year 
ending prior to October 1,1981. 
" (b) No funds appropriated under this section— 
PUBLIC LAW 95-478—OCT. 18, 1978 
92 STAT. 1547 
"(1) may be transferred to any office or other authority of the 
Department of Health, Education, and Welfare which is not 
directly responsible to the Commissioner; or 
"(2) may be used for any research program or activity which 
is not specifically authorized by this title.". 
(2) Section 452, as so redesignated in subsection (c) (1), is amended 42 USC 3037a. 
by redesignating subsection (c) as subsection (d) and inserting after 
subsection (b) the following new subsection: 
"(c) The Commissioner may make multicategorical grants or 
contracts under any or all sections of this title by making grants 
or contracts for the purpose of supporting extensive research and 
demonstration of particular areas of need.". 
Grants and 
contracts. 
COMMUNITY SERVICE EMPLOYMENT 
SEC. 105. (a) The Act is amended by redesignating title IX as title 
V, and by redesignating section 901 through section 908 as section 
501 through section 508, respectively. 
(b)(1) Section 502(b) is amended by adding at the end thereof 
the following new paragraphs: 
"(3) The Secretary shall develop alternatives for innovative work 
modes and provide technical assistance in creating job opportunities 
through work sharing and other experimental methods to prime 
sponsors, labor organizations, groups representing business and 
industry and workers as well as to individual employers, where 
appropriate. 
"(4) The Secretary may enter into an agreement with the 
Administrator of the Environmental Protection Agency to establish a 
Senior Environmental Employment Corps.". 
(2) Section 502, as so redesignated in subsection (a), is amended 
by adding at the end thereof the following new subsections: 
"(d)(1) Whenever a national organization or other program 
sponsor conducts a project within a State such organization or 
program sponsor shall submit to the State agency on aging a 
description of such project to be conducted in the State, including 
the location of the project, 30 days prior to undertaking the project, 
for review and comment according to guidelines the Secretary shall 
issue to assure efficient and effective coordination of programs tmder 
this title. 
"(2) The Secretary shall review on his own initiative or at the 
request of any public or private nonprofit agency or organization, or 
an agency of the State government, the distribution of programs 
under this title within the State including the distribution between 
urban and rural areas within the State. For each proposed reallocation 
of programs within a State, the Secretary shall give notice and 
opportunity for a hearing on the record by all interested individuals 
and make a written determination of his findings and decision. 
"(e) The Secretary, in addition to any other authority contained 
in this title, may enter into agreements designed to assure the transition 
of individuals employed in public service jobs under this title to 
employment opportunities with private business concerns. The 
Secretary, from amounts reserved under section 506(a) (1) (B) in any 
fiscal year, may pay all of the costs of any agreement entered into 
under the provisions of this subsection.". 
(c)(1) Section 503(a), as so redesignated in subsection (a), is 
amended by striking out "304" each place it appears therein and 
inserting in lieu thereof "305". 
42 USC 3056. 
42 use 
3001 note, 
3056-3056f. 
Senior 
Environmental 
Employment 
Agency. 
Review. 
Notice and 
opportunity for 
hearing. 
42 
USC 3056d. 
42 
USC 
3056a. 
92 STAT. 154« 
PUBLIC LAW 95-478—OCT. 18, 1978 
42 use 3056a. 
42 use 3056f. 
42 use 3056c. 
42 use 3056d. 
42 use 3056e. 
(3) Section 503, as so redesignated in subsection (a), is amended 
by adding at the end thereof the following new subsection: 
"(f) In carrying out the provisions of this title, the Secretary may 
fund and expand projects concerning the Senior Environmental 
Employment Corps and energy conservation from sums appropriated 
under section 508 for such fiscal jear.". 
(d) Section 505, as so redesignated in subsection (a), is amended 
by adding at the end thereof the follow^ing new subsection: 
"(c) In administering projects under this title concerning the Senior 
Environmental Employment Corps and energy conservation, the 
Secretary shall consult with the Administrator of the Environmental 
Protection Agency and the Secretary of Energy and shall enter into 
an agreement with the Administrator and the Secretary of Energy 
to coordinate programs conducted by them with such projects.". 
(e) (1) Section 506(a) (1), as so redesignated in subsection (a), is 
amended— 
(A) by inserting "(A)" after "(1)" and by adding at the end 
thereof the following new subparagraph: 
"(B) From sums appropriated under this title for each fiscal year 
after September 30, 1978, the Secretary may reserve an amount not 
to exceed one per centum of the amount appropriated in excess of the 
amount appropriated for fiscal year 1978 for the purpose of entering 
into agreements under section 502(e), relating to improved transition 
to private employment."; 
(B) by striking out "From" and inserting in lieu thereof 
"Subject to the provisions of paragraph (2), from"; and 
(C) by striking out "the fiscal year ending June 30, 1975" 
and inserting in lieu thereof "fiscal year 1978". 
(2) Section 506(a), as so redesignated in subsection (a), is amended 
by redesignating paragraph (2) and paragraph (3) as paragraph 
(3) and paragraph (4), respectively, and by inserting after paragraph 
(1) the following new paragraph: 
"(2) For each fiscal year in which the sums appropriated under 
this title exceed the amount appropriated for fiscal year 1978, the 
Secretary shall reserve not more than 45 per centum of such excess 
amount for the purpose described in paragraph (1). The remainder 
of such excess shall be allotted pursuant to paragraph (3).". 
(3) Section 506(a)(3), as so redesignated in subsection (a) and 
in paragraph (2), is amended by striking out "908" and inserting in 
lieu thereof "508". 
(f) Section 507(2), as so redesignated in subsection (a), is amended 
by inserting "(including any such individual whose income is not 
more than 125 per centum of the poverty guidelines established by 
the Bureau of Labor Statistics)" after "low income". 
(g) Section 508, as so redesignated in subsection (a), is amended by 
striking out "and" the second place it appears therein, and by inserting 
before the period at the end thereof the following: ", $350,000,000 for 
the fiscal year ending September 30, 1979, $400,000,000 for the fiscal 
year ending September 30, 1980, and $450,000,000 for the fiscal year 
ending September 30,1981". 
GRANTS FOR INDIAN TRIBES 
SEC. 106. The Act is amended by adding after title V the following 
new title: 
PUBLIC LAW 95-478—OCT. 18, 1978 
92 STAT. 1549 
"TITLE VI—GRANTS FOR INDIAN TRIBES 
u 
STATEMENT OF PURPOSE 
"SEC. 601. It is the purpose of this title to promote the delivery of 42 USC 3057. 
social services, including nutritional services, for Indians that are 
comparable to services provided under title III. 
Ante, p. 1517. 
ELIGIBILITY 
"SEC. 602. (a) A tribal organization of an Indian tribe is eligible 42 USC 3057a. 
for assistance under this title only if— 
"(1) the tribal organization represents at least 75 individuals 
who have attained 60 years of age or older; 
"(2) the tribal organization demonstrates the ability to deliver 
social services, including nutritional services; and 
"(3) individuals to be served by the tribal organization will 
not receive for the year for which application under this title is 
made, services under title III. 
"(b) The terms 'Indian tribe' and 'tribal organization' for the pur-
poses of this title are defined as in section 4 of the Indian Self-Deter-
mination and Education Assistance Act (25 U.S.C. 450b). 
u 
GRANTS AUTHORIZED 
"SEC. 603. The Commissioner may make grants to eligible tribal 
organizations to pay all of the costs for delivery of social services and 
nutritional services for Indians who are aged 60 and older. 
(( 
APPLICATIONS 
"SEC. 604. (a) No grant may be made under this title unless the 
eligible tribal organization submits an application to the Commis-
sioner which meets such criteria as the Commissioner may by regu-
lation prescribe. Each such application shall— 
"(1) provide that the eligible tribal organization will evaluate 
the need for social and nutritional services among older Indians 
to be represented by the tribal organization; 
"(2) provide for the use of such methods of administration as 
are necessary for the proper and efficient administration of the 
program to be assisted; 
" (3) provide that the tribal organization will make such reports 
in such form and containing such information, as the Commis-
sioner may reasonably require, and comply with such requirements 
as the Commissioner may impose to assure the correctness of such 
reports; 
"(4) provide that a nonprofit private organization selected by 
the tribal organization will conduct periodic evaluation of activ-
ities and projects carried out under the application; 
"(5) establish objectives consistent with the purposes of this 
title toward which activities under the application will be directed, 
identify obstacles to the attainment of such objectives, and indicate 
the manner in which the tribal organization proposes to over-
come such obstacles; 
"(6) provide for establishing and maintaining information and 
42 USC 3057b. 
Approval criteria. 
42 USC 3057c. 
92 STAT. 1550 
PUBLIC LAW 95-478—OCT. 18, 1978 
referral services to assure that older Indians to be served by the 
assistance made available under this title will have reasonably 
convenient access to such services; 
"(7) provide a preference for Indians aged 60 and older for 
• 
full- or part-time staff positions wherever feasible; 
"(8) provide assurances that either directly or by way of grant 
or contract with appropriate entities nutritional services will be 
delivered to older Indians represented by the tribal organization 
substantially in compliance with the provisions of part C of 
Ante, p. 1536. 
title I I I ; 
Ante, p. 1524. 
"(9) contain assurances that the provisions of sections 307 
(a) (14) (A) (i) and (iii), 307(a) (14) (B), and 307(a) (14) (C) 
will be complied with whenever the application contains provi-
sions for the acquisition, alteration, or renovation of facilities to 
serve as multipurpose senior centers; 
"(10) provide assurances that either directly or by way of 
grant or contract with appropriate entities legal and ombudsman 
services will be made available to older Indians represented by the 
tribal organization substantially in compliance with the provisions 
Ante, p. 1517. 
of title III relating to the furnishing of similar services; and 
"(11) provide satisfactory assurance that fiscal control and 
fund accounting procedures will be adopted as may be necessary 
to assure proper disbursement of, and accounting for. Federal 
funds paid under this title to the tribal organization, including 
any funds paid by the tribal organization to a recipient of a grant 
or contract. 
"(b) For the purpose of any application submitted under this title, 
the tribal organization may develop its own population statistics, with 
certification from the Bureau of Indian Affairs, in order to establish 
eligibility. 
"(c) The Commissioner shall approve any application which com-
plies with the provisions of subsection (a). 
"(d) Whenever the Commissioner approves an application under 
this title he shall withhold from the allotment of the appropriate State 
Ante, p. 1519. 
made under section 304 an amount attributable to the Indians to be 
served under the application who were also counted for the purpose of 
allotments under title III. The Commissioner shall reallot sums with-
held under this subsection in accordance with the provisions of section 
304 rb). 
"(e) Whenever the Commissioner determines not to approve an 
application submitted under subsection (a) he shall— 
"(1) state his objections in writing to the tribal organization 
within 60 days after such decision; 
"(2) provide to the extent practicable technical assistance to 
the tribal organization to overcome his stated objections; and 
" (3) provide the tribal organization with a hearing, under such 
rules and regulations as he may prescribe. 
"(f) Whenever the Commissioner approves an application of a 
tribal organization under this title, funds shall be awarded for not 
less than 12 months, during which time such tribal organization may 
not receive funds under title III. 
Population 
statistics 
development. 
PUBLIC LAW 95-478—OCT. 18, 1978 
92 STAT. 1551 
a 
ADMINISTRATION 
"SEC. 605. (a) In establishing regulations for the purpose of this 
title the (Commissioner shall consult with the Secretary of the Interior. 
"(b) The Commissioner shall prescribe final regulations for the 
administration of this title not later than 90 days after the date of 
the enactment of the Comprehensive Older Americans Act Amend-
ments of 1978. 
"SURPLUS EDUCATIONAL FACILITIES 
"SEO. 606. (a) Notwithstanding any other provision of law, the 
Secretary of the Interior through the Bureau of Indian Affairs shall 
make available surplus Indian educational facilities to tribal organiza-
tions, and nonprofit organizations with tribal approval, for use as 
multipurpose senior centers. Such centers may be altered so as to pro-
vide extended care facilities, community center facilities, nutritional 
services, child care services, and other social services. 
" (b) Each eligible tribal organization desiring to take advantage of 
such surplus facilities shall submit an application to the Secretary of 
the Interior at such time and in such manner, and containing or 
accompanied by such information, as the Secretary of the Interior 
determines to be necessary to carry out the provisions of this section. 
42 u s e 3057d. 
Regulations. 
Available for use 
as multipurpose 
senior centers. 
42 u s e 3057e. 
"PAYMENTS 
"SEC. 607. Payments may be made under this title (after necessary 
42 USC 30571". 
adjustments, in the case of grants, on account of previously^ made over-
payments or underpayments) in advance or by way of reimbursement 
m such installments and on such conditions, as the Commissioner may 
determine. 
"AUTHORIZATION OF APPROPRIATIONS 
"SEC. 608. (a) Except as provided in subsection (c), there are 42 USC 3057g. 
authorized to be appropriated such sums as may be necessary for fiscal 
years 1979, 1980, and 1981, to carry out the provisions of this title. 
" (b) For any fiscal year in which less than $5,000,000 is appropri-
ated under subsection (a) tribal organizations are authorized to receive 
assistance in accordance with the provisions of title III. 
Ante, p. 1517. 
"(c) There are authorized to be appropriated such sums as may be 
necessary for fiscal years 1979, 1980, and 1981, to carry out the pro-
visions of section 606.". 
TITLE II—WHITE HOUSE CONFERENCE ON AGING 
SHORT TITLE 
SEC. 201. This title may be cited as the "1981 White House Confer-
ence on Aging Act". 
FINDINGS AND POLICY 
SEC. 202. (a) The Congress finds that— 
(1) the number of individuals fifty-five years of age or older 
was approximately 43,000,000 in 1976, and will, by the end of this 
century, be over 57,000,000; 
1981 White 
House 
Conference on 
Aging Act. 
42 u s e 3001 
note. 
42 USC 3001 
note. 
92 STAT. 1552 
PUBLIC LAW 95-478—OCT. 18, 1978 
(2) nearly 5,200,000 individuals fifty-five years of age or older 
had incomes below the poverty level in 1976, as determined by the 
Federal Government; 
(3) there is a great need to improve the economic well-being of 
older individuals; 
(4) there is a great need to make comprehensive and quality 
health care more readily available to older individuals; 
(6) there is a great need for expanding the availability of suit-
able and reasonably priced housing for older individuals, together 
with services needed for independent or semi-independent living; 
(6) there is a great need for a more comprehensive and effective 
social service delivery system for older individuals; 
(7) there is a great need for a more comprehensive long-term 
care policy responsive to the needs of older patients and their 
families; 
(8) there is a great need to promote greater employment oppor-
tunities for middle-aged and older individuals who want or need 
to work; 
(9) there is a great need to develop a national retirement policy 
that contributes to the fulfillment, dignity, and satisfaction of 
retirement years for older individuals; 
(10) there is a great need for a national policy with respect to 
increasing, coordinating, and expediting biomedical and other 
appropriate research directed at determining the causes of the 
aging process; and 
(11) false stereotypes about aging and the process of aging are 
prevalent throughout the Nation and policies should be developed 
to overcome such stereotypes. 
(b) (1) It is the policy of the Congress that the Federal Govern-
ment should work jointly with the States and their citizens to develop 
recommendations and plans for action to meet the challenges and needs 
of older individuals, consistent with the objectives of this title. 
(2) In developing programs for the aging pursuant to this title, 
emphasis should be placed upon the right and obligation of older 
individuals to free choice and self-help in planning their own futures. 
White House 
Conference on 
Aging, 1981. 
42 u s e 3001 
note. 
Report to 
President. 
AUTHORITY OF THE PRESIDENT AND SECRETARY; FINAL REPORT 
SEC. 203. (a) The President may call a White House Conference on 
Aging in 1981 in order to develop recommendations for further 
research and action in the field of aging which will further the policies 
set forth in section 202. The Conference shall be planned and con-
ducted under the direction of the Secretary in cooperation with the 
Commissioner on Aging and the Director of the National Institute 
on Aging, and the heads of such other Federal departments and agen-
cies as are appropriate. Such assistance may include the assignment of 
personnel. 
(b) For the purpose of arriving at facts and recommendations con-
cerning the utilization of skills, experience, and energies and the 
improvement of the conditions of older individuals, the Conference 
shall bring together representatives of Federal, State, and local gov-
ernments, professional and lay people who are working in the field of 
aging (including researchers on problems of the elderly and the process 
of aging), and representatives of the general public, including older 
individuals. 
(c) A final report of the Conference, which shall include a statement 
of a comprehensive coherent national policy on aging together with 
PUBLIC LAW 95-478—OCT. 18, 1978 
92 STAT. 1553 
recommendations for the implementation of the policy, shall be sub-
mitted to the President not later than 180 days following the date on 
which the Conference is adjourned. The findings and recommenda-
tions included in the report shall be immediately available to the 
public. The Secretary shall, within 90 days after submission of the 
report, transmit to the President and to the Congress his recommenda-
tions for administrative action and the legislation necessary to imple-
ment the .recommendations contained in the report. 
Report to 
President and 
Congress. 
ADMINISTRATION 
SEC. 204. (a) In administering this title the Secretary shall— 
(1) request the cooperation and assistance of the heads of such 
other Federal departments and agencies as may be appropriate in 
carrying out the provisions of this title; 
(2) render all reasonable assistance, including financial assist-
ance, to State agencies on the aging and to area agencies on aging, 
and to other appropriate organizations to enable them to organize 
and conduct conferences on aging prior to the Conference; 
(3) prepare and make available background materials for the 
use of delegates to the Conference which he deems necessary, and 
prepare and distribute any such report of the Conference as may 
be necessary and appropriate; and 
(4) engage such additional personnel as may be necessary to 
carry out the provisions of this title without regard to the provi-
sions of title 5, United States Code, governing appointments in 
the competitive service, and without regard to chapter 51 and 
subchapter I I I of chapter 53 of such title relating to classifica-
tion and General Schedule pay rates. 
(b) In carrying out his functions under clause (2) of subsection (a) 
the Secretary shall assure that conferences will be so conducted as to 
assure broad participation of older individuals. 
(c) In carrying out his responsibilities under this title the Secretary 
shall assure that current and adequate statistical data and other 
information on the well-being of older individuals in the United States 
are readily available, in advance of the Conference, to participants in 
the Conference, together with such information as may be necessary 
to evaluate Federal programs and policies relating to aging. In carry-
ing out the requirements of this subsection the Secretary may make 
grants to, 'and enter into contracts with, public agencies and nonprofit 
private organizations. 
ADVISORY COMMITTEES 
42 use 3001 
note. 
5 use 5101 
et seq., 5331. 
Statistics and 
information 
availability. 
Grants and 
contracts. 
Establishment. 
42 use 3001 
note. 
SEC. 205. (a) The Secretary shall establish an advisory committee 
to the Conference which shall include representation from the Federal 
Council on Aging and other public agencies and private nonprofit 
organizations as appropriate. The Secretary shall establish such other 
committees, including technical committees, as may be necessary to 
assist in planning, conducting, and reviewing the Conference. Each Membership, 
such committee shall be composed of professional and public members 
and shall include individuals from low-income families and from 
minority groups. A majority of the public members of each such com-
mittee shall be 55 years of age or older. 
(b) Appointed members of any such committee (other than any eompensation 
officers or employees of the Federal Government), while attending 
conferences or meetings of the committee or otherwise serving at the 
request of the Secretary, shall be entitled to receive compensation at 
39-194 O—80—pt. 2 
18 : QL3 
92 STAT. 1554 
PUBLIC LAW 95-478—OCT. 18, 1978 
5 u s e 5703. 
42 u s e 3001 
note. 
Ante, p. 1520. 
a rate to be fixed by the Secretary but not to exceed the daily rate 
prescribed for GS-18 under section 5332 of title 5, United States Code 
(including travel time). While away from their homes or regular 
places of business, such members may be allowed travel expenses, 
including per diem in lieu of subsistence, as authorized under section 
5703 of such title for persons in Federal Government service employed 
intermittently. 
DEFINITIONS 
SEC. 206. For the purpose of this title— 
(1) The term "area agency on aging" means the agency des-
ignated under section 305(a) (2) (A) of the Older Americans Act 
! 
of 1965. 
(2) The term "State agency on aging" means the agency des-
ignated under 305(a) (1) of the Older Americans Act of 1965. 
(3) The term "Secretary" means the Secretary of Health, Edu-
t 
cation, and Welfare. 
(4) The term "Conference" means the White House Conference 
on Aging authorized in section 203(a). 
(5) The term "State" includes the District of Columbia, the 
• i
H Commonwealth of Puerto Rico, Guam, American Samoa, the Vir-
(K gin Islands, the Trust Territory of the Pacific Islands, and the 
Northern Mariana Islands. 
42 use 3001 
note. 
AUTHORIZATION OF APPROPRIATIONS 
SEC. 207. There are authorized to be appropriated such sums as 
may be necessary, for fiscal years 1979, 1980, and 1981, to carry out 
the provisions of this title. 
TITLE III—STUDY OF RACIAL AND ETHNIC DISCRIM-
INATION IN PROGRAMS FOR OLDER AMERICANS 
42 u s e 1975c 
note. 
Hearings. 
STUDY AUTHORIZED 
SEC. 301. (a) The Commission on Civil Rights shall (1) undertake 
a comprehensive study of discrimination based on race or ethnic back-
ground in any federally-assisted programs and activities which affect 
older individuals; and (2) identify with particularity any such fed-
erally-assisted program or activity in which evidence is found of 
individuals or organizations who are otherwise qualified being, on the 
basis of race or ethnic background, excluded from participation in, 
denied the benefits of, refused employment or contracts with, or sub-
ject to discrimination under, such program or activity. 
(b) As part of the study required by this section, the Commission 
shall conduct public hearings to elicit the views of interested parties, 
including the heads of Federal departments and agencies, on issues 
relating to racial or ethnic discrimination in programs and activities 
affecting older individuals receiving Federal financial assistance, and 
particularly with respect to discrimination among potential partici-
pants in, or beneficiaries of, specific federally-assisted programs. 
ADMINISTRATIVE PROVISIONS 
Independently 
prepared 
analyses, 
research and 
studies. 
42 u s e 1975c 
note. 
SEC. 302. (a)(1) The Commission may obtain, through grant or 
contract, analyses, research, and studies by independent experts of 
PUBLIC LAW 95-478—OCT. 18, 1978 
92 STAT. 1555 
issues relating to racial and ethnic discrimination in aging programs 
and activities and publish the results thereof. 
(2) For purposes of the study required by section 301, the Commis-
sion may accept and utilize the services of voluntary or uncompensated 
personnel, without regard to the provisions of section 105(b) of the 
Civil Rights Act of 1957 (42 U.S.C. 1975 (b)). 
(b) The head of each Federal department or agency shall cooperate 
in all respects with the Commission with respect to the study required 
by section 301, and shall provide to the Commission such data, reports, 
and documents in connection with the subject matter of such study as 
the Commission may request. 
REPORTS 
SEC. 303. (a) Not later than 18 months after the date of the enact-
ment of this Act, the Commission shall transmit a report of its findings 
and its recommendations for any statutory changes and administrative 
action, including suggested general regulations, to the Congress and 
to the President. The Commission shall provide a copy of its report to 
the head of each Federal department or agency with respect to which 
the Commission makes findings or recommendations. 
(b) Not later than 45 working days after receiving a copy of the 
report required by subswtion (a), the head of each Federal depart-
ment or agency with respect to which the Commission makes its 
recommendations or findings shall submit his comments and recom-
mendations regarding such report to the President and to the 
appropriate committees of the Congress. 
Voluntary or 
uncompensated 
personnel, 
utilization. 
42 use 1975d. 
42 use 1975c 
note. 
AUTHORIZATION OP APPROPRIATIONS 
SEC. 304. There are authorized to be appropriated such sums as may 42 USC 1975c 
be necessary to carry out the provisions of this title. 
note. 
TITLE IV—AMENDMENTS TO OTHER LAWS 
AMENDMENTS TO AGE DISCRIMINATION ACT OF 19 75 
SEC. 401. (a) Section 302 of the Age Discrimination Act of 1976 is 42 USC 6101. 
amended by striking out "unreasonable". 
(b) (1) The last sentence of section S04(a) (4) of the Age Discrimi- 42 USC 6103. 
nation Act of 1975 is amended to read as follows: "Such regulations 
shall be consistent with the final general regulations issued by the 
Secretary, and shall not become effective until approved by the Secre-
tary.". 
(2) Section 304(a)(5) of the Age Discrimination Act of 1975 is 
amended by striking out "January 1,1979" and inserting in lieu thereof 
"July 1,1979". 
(c) Section 305 of the Age Discrimination Act of 1976 is amended 42 USC 6104. 
by striking out subsection (e) and inserting in lieu thereof the follow-
ing new subsections: 
"(e) (1) When any interested person brings an action in any United Notice of 
States district court for the district in which the defendant is found violations, 
or transacts business to enjoin a violation of this Act by any program 
or activity receiving Federal financial assistance, such interested per-
son shall give notice by registered mail not less than 30 days prior 
to the commencement of that action to the Secretary of Health, Educa-
tion, and Welfare, the Attorney General of the LTnited States, and the 
person against whom the action is directed. Such interested person 
may elect, by a demand for such relief in his complaint, to recover 
92 STAT. 1556 
PUBLIC LAW 95-478—OCT. 18, 1978 
reasonable attorney's fees, in which case the court shall award the 
costs of suit, including a reasonable attorney's fee, to the prevailing 
' 
plaintiff. 
"»'-' 
"(2) The notice referred to in paragraph (1) shall state the nature 
of the alleged violation, the relief to be requested, the court in which 
i,, 
the action will be brought, and whether or not attorney's fees are being 
demanded in the event that the plaintiff prevails. No action described in 
paragraph (1) shall be brought (A) if at the time the action is brought 
the same alleged violation by the same defendant is the subject of a 
pending action in any court of the United States; or (B) if administra-
tive remedies have not been exhausted. 
"(f) With respect to actions brought for relief based on an alleged 
violation of the provisions of this title^ administrative remedies shall 
,: 
be deemed exhausted upon the expiration of 180 days from the filing 
of an administrative complaint during which time the Federal depart-
ment or agency makes no finding with regard to the complaint, or 
upon the day that the Federal department or agency issues a finding 
in favor of the recipient of financial assistance, whichever occurs 
first.". 
42 use 6104. 
(d) Section 305(b) of the Age Discrimination Act of 1975 is 
amended by adding at the end thereof the following new sentence: 
"Whenever the head of any Federal department or agency who pre-
scribes regulations under section 304 withholds funds pursuant to 
subsection (a), he may, in accordance with regulations he shall pre-
scribe, disburse the funds so withheld directly to any public or non-
profit private organization or agency, or State or political subdivision 
thereof, which demonstrates the ability to achieve the goals of the 
Federal statute authorizing the program or activity while complying 
with regulations issued under section 304.". 
(e) The Age Discrimination Act of 1975 is amended by redesig-
42 use 6106, 
nating section 308 as section 309, and by inserting after section 307 
6107. 
the following new section: 
"REPORTS 
42 use 6106a. 
"SEC. 308. (a) Not later than December 31 of each year (beginning 
in 1979), the head of each Federal department or agency shall submit 
^ 
to the Secretary of Health, Education, and Welfare a report (1) 
describing in detail the steps taken during the preceding fiscal year 
f( ! J, 
by such department or agency to carry out the provisions of section 
303; and (2) containing specific data about program participants or 
beneficiaries, by age, sufficient to permit analysis of how well the 
department or agency is carrying out the provisions of section 303. 
"(b) Not later than March 31 of each year (beginning in 1980), the 
Secretary of Health, Education, and Welfare shall compile the reports 
made pursuant to subsection (a) and shall submit them to the Con-
gress, together with an evaluation of the performance of each depart-
' 
', 
ment or agency with respect to carrying out the provisions of section 
303.". 
AMENDMENTS TO DOMESTIC VOLUNTEER SERVICE ACT OF 1973 
42 use 5001. 
SEC. 402. (a) Section 201 of the Domestic Volunteer Service Act of 
1973 is amended— 
(1) in subsections (a) and (c), by striking out "section 304 
J (a)(1)" and inserting in lieu thereof "section 305(a)(1)" and 
by striking out "section 3024(a) (1)" and inserting in lieu thereof 
: "section 3025(a)(1)"; 
PUBLIC LAW 95-478—OCT. 18, 1978 
92 STAT. 1557 
(2) in subsection (c), by striking out "sixty" and inserting in 
lieu thereof "fortj-five"; and 
(3) by inserting at the end thereof the following new 
subsection: 
"(d) Notwithstanding any other provision of law, volunteer serv-
ice under this part shall not be deemed employment for any purpose 
which the Director finds is not fully consistent with the provisions 
and in furtherance of the purpose of this part.". 
(b) Section 211 of the Domestic Volunteer Service Act of 1973 is 
amended by adding at the end thereof the following new subsections: 
" (e) The Director, in accordance with regulations he shall prescribe, 
may provide to persons serving as volunteers under this part, such 
allowances, stipends, and other support as he determines are necessary 
to carry out the purpose of this part. Any stipend or allowance pro-
vided under this subsection shall not be less than $2 per hour, except 
that (1) no increase in the stipend or allowance shall be made pursuant 
to this sentence unless the funds appropriated for carrying out this part 
are sufficient to maintain for the fiscal year in question a number of par-
ticipants to serve under this part at least equal to the number of such 
participants serving during the preceding fiscal year, and (2) in the 
event that sufficient appropriations for any fiscal year are not available 
to increase any such stipend or allowance provided to $2 per hour, the 
Director shall increase the stipend or allowance to such amount as 
appropriations for such year permit consistent with clause (1) of this 
exception. 
"(f) For the purposes of this part, the terms 'low-income person' 
and 'person of low income' mean (1) any person whose income is not 
more than 125 percent of the poverty line set forth in section 625 
of the Economic Opportunity Act of 1964, as amended (42 U.S.C. 
297ld) ; and (2) any person considered a poor or low-income person 
under section 421(4) of this Act, with special consideration for par-
ticipation in projects under this part provided to persons described in 
clause (2).". 
(c) Section 212(a) of the Domestic Volunteer Service Act of 1973 
is amended by striking out paragraphs (2) and (3) and inserting in 
lieu thereof the following new paragraph: 
"(2) (A) The Director shall award a grant or contract under this 
part for a project to be carried out over an area in a State more com-
prehensive than one community, to the State agency established or 
designated pursuant to section 305(a) (1) of the Older Americans Act 
of 1965, as amended (42 U.S.C. 3025(a) (1)), unless (i) the State has 
not established or designated such an agency; or (ii) such agency has 
been afforded at least 45 days to (I) review the project application 
made b}^ a prospective grantee or contractor other than such agency 
for a project to be carried out in such State; and (II) make recom-
mendations thereon. In the event that such an established or desig-
nated State agency is not awarded the grant or contract, any 
application approved for a project in such State shall contain or be 
supported by satisfactory assurances that the project has been devel-
oped, and will, to the extent feasible, be conducted, in consultation 
with, or with the participation of, such agency. 
"(B) The Director shall award a grant or contract under this part 
for a project to be carried out entirely in a community served by a 
community action agency, to such agency unless such agency and the 
State agencv established or designated pursuant to section 305(a) (1) 
of the Older Americans Act of 1965, as amended (42 U.S.C. 3025 
(a) (1)) have been afforded at least 45 days to (i) review the proj-
42 use 5011. 
Domestic 
Volunteer 
Service, 
allowances and 
stipends. 
"Low-income 
person" and 
"person of low 
income." 
42 u s e 5012. 
Grants and 
contracts. 
92 STAT. 1558 
PUBLIC LAW 95-478—OCT. 18, 1978 
ect application made by a prospective grantee or contractor other 
than either such agency for a project to be carried out in such com-
munity; and (ii) make recommendations thereon. In the event that 
such a community action agency or such an established or designated 
State agency is not awarded the grant or contract, any application 
approved for a project to be carried out entirely in such community 
shall contain or be supported by satisfactory assurances that the proj-
ect has been developed, and will, to the extent feasible, be conducted, 
* 
~
* in consultation with, or with the participation of, such community 
action agency.". 
42 use 5082. 
(d) Section 502 of the Domestic Volunteer Service Act of 1973 is 
amended— 
(1) in subsection (a), by striking out "and" after "Septem-
s -!*' 
ber 30, 1976", and by inserting "$25,000,000 for the fiscal year 
ending September 30, 1979, $30,000,000 for the fiscal year ending 
September 30, 1980, and $35,000,000 for the fiscal year ending 
September 30, 1981," after "September 30, 1978,"; and 
1 
(2) in subsection (b) (2), by adding at the end thereof the fol-
i 
lowing new sentence: "There are further authorized to be appro-
priated $55,000,000 for the fiscal year ending September 30, 1979, 
; 
$62,500,000 for the fiscal year ending September 30, 1980, and 
$70,000,000 for the fiscal year ending September 30, 1981, for the 
purpose of carrying out programs under part B of such title.". 
TITLE V—MISCELLANEOUS PKOVISIONS 
42 use 3056 
note. 
42 use 
3041-3041f, 
3042, 
3045-30451. 
Ante, p. 1547. 
42 use 3045 
note. 
Ante, p. 1536. 
Ante, p. 1517, 
REPEALERS; EXISTING PROJECTS 
SEC. 501. (a) Effective at the close of September 30,1978, title V and 
title VII are repealed. The Commissioner on Aging may complete any 
project which was undertaken under either such title, or under title 
V, as so redesignated in section 105(a), before such date, and which is 
unfinished on such date, with funds obligated but unexpended on such 
date. 
(b) Any project receiving funds under title VII of the Older Amer-
icans Act of 1965, as in effect on the day before the effective date of 
this Act, shall continue to receive funds under part C of title I I I of 
such Act, as amended by this Act, if such project meets the require-
ments and criteria established in such title III, as amended by this 
Act, except that a State, pursuant to regulations prescribed by the 
Commissioner on Aging, shall not discontinue the payment of such 
funds to a project unless such State, after a hearing (if requested by 
the person responsible for administering such project), determines 
that such project has not carried out activities supported by such funds 
with demonstrated effectiveness. 
LIMITATIONS ON PAYMENTS 
SEC. 502. No authorization of appropriations in this Act shall be 
effective for any fiscal year beginning before October 1,1978. Notwith-
standing any other provision of this Act, no payment under this Act, 
or authorization to make payments or to enter into contracts under this 
Act, shall be effective except to such extent, or in such amounts, as are 
provided in advance in appropriations Acts. 
PUBLIC L.\W 95-478—OCT. 18, 1978 
92 STAT. 1559 
CONFORMING AND TECHNICAL AMENDMENTS 
SEC. 503. (a)(1) Section 102(1) is amended by inserting ", other 42 USC 3002. 
than for purposes of title V" before the period at the end thereof. 
(2) Section 102 is amended by redesignating paragraph (4), the sec-
ond place it appears therein, as paragraph (5), and by redesignating 
paragraphs (5) and (6) as paragraphs (6) and (7), respectively. 
(b) (1) Section 201 (a) is amended by striking out "VI and as other- 42 USC 3011. 
wise specifically provided by the Older Americans Comprehensive 
Services Amendments of 1973" and inserting in lieu thereof "V". 
(2) Section 202(a) (15), as so redesignated in section 102(b) (1), is 42 USC 3012. 
amended by inserting after "Discrimination" the following: "in 
Employment". 
(3) Section 205(d) (3) is amended by striking out "and" at the end 42 USC 3015. 
thereof. 
(4) (A) Sections 202, 204, and 205 are amended by striking out 42 USC 3012, 
"older persons" each place it appears therein and inserting in lieu 3014, 3015. 
thereof "older individuals". 
(B) Section 202(a) (12), as so redesignated in section 102(b) (1), is 
amended by striking out "such persons" and inserting in lieu thereof 
"such individuals". 
(c) (1) Section 404(a) (6), as so redesignated in section 104(a) (4) 42 USC 3034. 
(C), is amended by striking out "curricula" the second place it 
appears therein and inserting in lieu thereof "curriculum". 
(2) Section 404(b) is amended by striking out "federally sup-
ported" and inserting in lieu thereof "federally-supported". 
(3) Sections 404 and 411 are amended by striking out "older per- 42 USC 3034, 
sons" each place it appears therein and inserting in lieu thereof "older 3035. 
individuals". 
(d) Section 504(b), as so redesignated in section 105(a), is 42 USC 3056b. 
amended by striking out the comma after "contract" the second place 
it appears therein. 
EPFECnVE DATE 
SEC. 504. This Act, and the amendments made by this Act, shall 42 USC 3001 
take effect at the close ojf September 30,1978. 
note. 
Approved October 18, 1978. 
LEGISLATIVE HISTORY: 
HOUSE REPORTS: No. 95-1150 (Comm. on Education and Labor) and No. 95-1618 
(Comm. of Conference). 
SENATE REPORTS: No. 95-855 accompanying S. 2850 (Comm. on Human Resources) 
and No, 95-1236 (Comm. of Conference). 
CONGRESSIONAL RECORD, Vol 124 (1978): 
May 15, considered and passed House. 
July 24, considered and passed Senate, amended, in lieu of S. 2850. 
Oct. 4, House agreed to conference report. 
Oct. 6, Senate agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 14, No. 42: 
Oct. 18, Presidential statement.