Older Americans Act Amendments of 1992
PL 102-375 (H.R.2967), enacted 09/30/1992

PUBLIC LAW 102-375—SEPT. 30, 1992 
106 STAT. 1195 
Public Law 102-375 
102d Congress 
An Act 
To amend the Older Americans Act of 1965 to authorize appropriations for fiscal 
years 1992 through 1995; to authorize a 1993 National Conference on Aging; 
Sept. 30, 1992 
to amend the Native Americans Programs Act of 1974 to authorize appropriations 
[H.R. 2967] 
for fiscal years 1992 through 1995; and for other purposes. 
Be it enacted by the Senate and House of Representatives of 
the United States of 
America in Congress assembled, 
Older 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
Amendments of 
(a) SHORT TITLE.—This Act may be cited as the "Older Ameri- 42^usc 300i 
cans Act Amendments of 1992". 
note. 
(b) TABLE OF CONTENTS.—The table of contents is as follows: 
Sec. 1. Short title; table of contents. 
TITLE I — O B J E C T I V E S AND DEFINITIONS 
Sec. 101. Objectives. 
Sec. 102. Deiinitions. 
TITLE II—ADMINISTRATION 
Sec. 201. Administration on Aging. 
Sec. 202. Functions of Commissioner. 
Sec. 203. Federal agency consultation. 
Sec. 204. Consultation with State agencies, area agencies on aging, and Native 
American grant recipients. 
Sec. 205. Federal Council on the Aging. 
Sec. 206. Nutrition officer. 
Sec. 207. Evaluation. 
Sec. 208. Reports. 
Sec. 209. Nutrition education. 
Sec. 210. Authorization of appropriations. 
Sec. 211. Study of effectiveness of State long-term care ombudsman programs. 
Sec. 212. Study on board and care facility quality. 
Sec. 213. Study on home care quality. 
TITLE III—STATE AND COMMUNITY PROGRAMS ON AGING 
Sec. 301. Purpose of grants for State and community programs on aging. 
Sec. 302. Definitions. 
Sec. 303. Authorization of appropriations; uses of funds. 
Sec. 304. Allotment; Federal share. 
Sec. 305. Organization. 
Sec. 306. Area plans. 
Sec. 307. State plans. 
Sec. 308. Planning, coordination, evaluation, and administration of State plans. 
Sec. 309. Disaster relief reimbursements. 
Sec. 310. Availability of surplus commodities. 
Sec. 311. Rights relating to m-home services for frail older individuals. 
Sec. 312. Supportive services. 
Sec. 313. Congregate nutrition services. 
Sec. 314. Home delivered nutrition services. 
Sec. 315. Criteria. 
Sec. 316. School-based meals for volunteer older individuals and multigenerational 
programs. 
Sec. 317. Dietary guidelines; payment requirement. 
Sec. 318. In-home services. 
Sec. 319. Preventive health services. 
Sec. 320. Supportive activities for caretakers who provide in-home services to frail 
older individuals. 
TITLE IV—TRAINING, RESEARCH, AND DISCRETIONARY PROJECTS AND 
PROGRAMS 
Sec. 401. Statement of purpose. 
106 STAT. 1196 
PUBLIC LAW 102-375—SEPT. 30, 1992 
Sec. 402. Priorities for sp-ants and discretionary projects. 
Sec. 403. Purposes of education and training projects. 
Sec. 404. Grants and contracts. 
Sec. 405. Multidisciplinary centers of gerontology. 
Sec. 406. Demonstration {projects. 
Sec. 407. Special projects in comprehensive long-term care. 
Sec. 408. Ombudsman and advocacy demonstration projects. 
Sec. 409. Demonstration projects for multigenerational activities. 
Sec. 410. Supportive services in fedendly assisted hovising demonstration program. 
Sec. 411. Neighborhood senior care program. 
Sec. 412. Information and assistance systems development projects. 
Sec. 413. Senior transportation demonstration program grants. 
Sec. 414. Resource Centers on Native American Elders. 
Sec. 415. Demonstration programs for older individuals with developmental disabil-
ities. 
Sec. 416. Housing demonstration programs. 
Sec. 417. Private resource enhancement projects. 
Sec. 418. Career preparation for the field of aging. 
Sec. 419. Pension information and counseling demonstration projects. 
-
H 
Sec. 420. Authorization of appropriations. 
Sec. 421. Pajrments of grants for demonstration projects. 
Sec. 422. Responsibilities of Commissioner. 
TITLE V—COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS 
Sec. 501. Older American Community Service Employment Program. 
Sec. 502. Coordination. 
Sec. 503. Interagency cooperation. 
Sec. 504. Equitm>Ie distribution of assistance. 
Sec. 505. Authorization of appropriations. 
Sec. 506. Dual eligibility. 
Sec. 507. Treatment of assistance provided under the Older American Community 
Service Employment Act. 
TITLE VI—GRANTS FOR NATIVE AMERICANS 
Sec. 601. Applications by tribal organizations. 
Sec. 602. Distribution of fimds among tribal organizations. 
Sec. 603. Applications by organizations serving Native Hawaiians. 
Sec. 604. Distribution or funds among organizations. 
Sec. 605. Authorization of appropriations. 
TITLE VII—VULNERABLE ELDER RIGHTS PROTECTION ACTIVITIES 
Sec. 701. Allotments for vulnerable elder rights protection activities. 
Sec. 702. Ombudsman programs. 
Sec. 703. Programs for prevention of elder abuse, neglect, and exploitation. 
Sec. 704. State elder rights and legal assistance development program. 
Sec. 705. Outreach, counseling, and assistance programs. 
Sec. 706. Native American organization provisions. 
Sec. 707. General provisions. 
Sec. 708. Technical and conforming amendments. 
TITLE VIII—AMENDMENTS TO OTHER LAWS; RELATED MATTERS 
Subtitle A—Long-Term Health Care Workers 
Sec. 801. Definitions. 
[ 
Sec. 802. Information requirements. 
J 
Sec. 803. Reports. 
I 
Sec. 804. Occupational code. 
j 
Subtitle B—^National School Lunch Act 
Sec. 811. Meals provided through adult day care centers. 
Subtitle C—^Native American Programs 
Sec. 82L Short title. 
; >i i 
Sec. 822. Amendments. 
Subtitle D—^White House Conference on Aging 
Sec. 831. White House Conference on Aging. 
Sec. 832. Conference required. 
Sec. 833. Conference administration. 
Sec. 834. Policy committee; related committees. 
PUBLIC LAW 102-375—SEPT. 30, 1992 
106 STAT. 1197 
Sec. 835. Report of the conference. 
Sec. 836. Authorization of appropriations. 
Sec. 837. Savings provision. 
Sec. 838. Sense of the Congress. 
Sec. 839. Technical amendiments. 
TITLE K—GENERAL PROVISIONS 
Sec. 901. Limitation on authority to enter into contracts. 
Sec. 902. Regulations. 
Sec. 903. Sense of Congress. 
Sec. 904. Technical amendments. 
Sec. 905. Effective dates; application of amendments. 
TITLE I—OBJECTIVES AND 
DEFINITIONS 
SEC. 101. OBJECTIVES. 
Section 101(4) of the Older Americans Act of 1965 (42 U.S.C. 
3001(4)) is amended by inserting ", including support to family 
members and other persons providing voluntary care to older 
individuals needing long-term care services" after "homes". 
SEC. 102. DEFINITIONS. 
(a) IN GENERAL.—Section 102 of the Older Americans Act of 
1965 (42 U.S.C. 3002) is amended by adding at the end the 
following: 
"(13) The term 'abuse' means the willful— 
"(A) infliction of injury, unreasonable confinement, 
intimidation, or cruel pimisnment with resulting physical 
harm, pain, or mental anguish; or 
"(B) deprivation by a person, including a caregiver, 
of goods or services that are necessary to avoid physical 
harm, mental anguish, or mental illness. 
"(14) The term 'Administration' means the Administration 
on Aging. 
^15) The term 'adult child with a disability* means a child 
who^ 
"(A) is 18 years of age or older; 
"(B) is financially dependent on an older individual 
who is a parent of the child; and 
"(C) has a disability. 
"(16) The term 'aging network' means the network of— 
"(A) State agencies, area agencies on aging, title VI 
grantees, and the Administration; and 
"(B) organizations that— 
"(iXD are providers of direct services to older 
individuals; or 
"(II) are institutions of higher education; and 
"(ii) receive funding under this Act. 
"(17) The term 'area agency on aging' means an area agency 
on aging designated imder section 305(aX2XA) or a State agency 
performing the functions of an area agency on aging under 
section 305(bX5). 
"(18) The term 'art therap/ means the use of art and 
artistic processes specifically selected and administered by an 
art therapist, to accomplish the restoration, maintenance, or 
improvement of the mental, emotional, or social functioning 
of an older individual. 
106 STAT. 1198 
PUBLIC LAW 102-375—SEPT. 30, 1992 
"(19) The term *board and care facility means an institution 
regulated by a State pursuant to section 1616(e) of the Social 
Seciirity Act (42 U.S.C. 1382e(e)). 
"(20) The term 'caregiver* means an individual who has 
the responsibility for the care of an older individual, either 
voluntarily, by contract, by receipt of payment for care, or 
as a restdt of the operation of law. 
"(21) The term 'caretaker* means a family member or other 
individual who provides (on behalf of such individual or of 
a public or private agency, organization, or institution) 
uncompensated care to an older individual who needs support-
ive services. 
"(22) The term 'case management service'— 
"(A) means a service provided to an older individual, 
at the direction of the older individual or a family member 
of the individual— 
"(i) by an individual who is trained or experienced 
in the case management skills that are required to 
deliver the services and coordination described in 
subparagraph (B); and 
"(ii) to assess the needs, and to arrange, coordinate, 
and monitor an optimum package of services to meet 
the needs, of the older individual; and 
"(B) includes services and coordination such as— 
"(i) comprehensive assessment of the older individ-
ual (including the physical, psychological, and social 
needs of the individual); 
"(ii) development and implementation of a service 
plan with the older individual to mobilize the formal 
and informal resources and services identified in the 
assessment to meet the needs of the older individual, 
including coordination of the resources and services— 
"(I) with any other plans that exist for various 
formal services, such as hospital discharge plans; 
and 
"(II) with the information and assistance serv-
ices provided under this Act; 
"(iii) coordination and monitoring of formal and 
informal service deliverv, including coordination and 
monitoring to ensure that services specified in the 
plan are being provided; 
"(iv) periodic reassessment and revision of the sta-
tus of the older individual with— 
"(I) the older individual; or 
"(II) if necessary, a primary caregiver or family 
member of the older individual; and 
"(v) in accordance with the wishes of the older 
individual, advocacy on behalf of the older individual 
for needed services or resources. 
"(23) The term 'dance-movement therapy* means the use 
of psychotherapeutic movement as a process facilitated by a 
dance-movement therapist, to further the emotional, cognitive, 
or physical health of an older individual. 
"(24) The term 'elder abuse' means abuse of an older 
individual. 
"(25) The term 'elder abuse, neglect, and exploitation' 
means abuse, neglect, and exploitation, of an older individual. 
PUBLIC LAW 102-375—SEPT. 30, 1992 
106 STAT. 1199 
"(26) The term 'exploitation' means the illegal or improper 
act or process of an individual, including a caregiver, using 
the resources of an older individual for monetary or personal 
benefit, profit, or gain. 
"(27) The term 'focal point' means a facility established 
to encourage the maximum collocation and coordination of serv-
ices for older individuals. 
"(28) The term 'firail' means, with respect to an older 
individual in a State, that the older individual is determined 
to be fiinctionally impaired because the individual— 
"(AXi) is luiable to perform at least two activities of 
daily living without substantial himian assistance, includ-
ing verbal reminding, physical cueing, or supervision; or 
"(ii) at the option of the State, is unable to perform 
at least three such activities without such assistance; or 
"(B) due to a cognitive or other mental impairment, 
requires substantial supervision because the individual 
behaves in a manner that poses a serious health or safety 
hazard to the individual or to another individual. 
"(29) The term 'greatest economic need' means the need 
resulting from an income level at or below the poverty line. 
"(30) The term 'greatest social need' means the need caused 
by noneconomic factors, which include— 
"(A) physical and mental disabilities; 
"(B) language barriers; and 
"(C) cultural, social, or geographical isolation, including 
isolation caused by racial or ethnic status, that— 
"(i) restricts the ability of an individual to perform 
normal daily tasks; or 
"(ii) threatens the capacity of the individual to 
live independently. 
"(31) The term 'information and assistance service' means 
a service for older individuals that— 
"(A) provides the individuals with current information 
on opportimities and services available to the individuals 
within their communities, including information relating 
to assistive technology; 
"(B) assesses the problems and capacities of the individ-
uals; 
"(C) links the individuals to the opportunities and serv-
ices that are available; 
"(D) to the maximum extent practicable, ensures that 
the individuals receive the services needed by the individ-
uals, and are aware of the opportunities available to the 
individuals, by establishing adequate foUowup procedures; 
and 
"(E) serves the entire community of older individuals, 
particularly— 
"(i) older individusds with greatest social need; and 
"(ii) older individuals with greatest economic need. 
"(32) The term 'institution of higher education' has the 
meaning given the term in section 1201(a) of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1141(a)). 
"(33) The term 'legal assistance'— 
"(A) means legal advice and representation provided 
by an attorney to older individuals with economic or social 
needs; and 
106 STAT. 1200 
PUBLIC LAW 102-375—SEPT. 30, 1992 
"(B) includes— 
"(i) to the extent feasible, counseling or other 
appropriate assistance by a paralegal or law student 
under the direct supervision of an attorney; and 
"(ii) counseling or representation by a nonlawyer 
where permitted by law. 
"(34) The term 'long-term care facility* means— 
"(A) any skilled nursing facility, as defined in section 
1819(a) of the Social Security Act (42 U.S.C. 1395i-3(a)); 
"(B) any nursing facility, as defined in section 1919(a) 
of the Social Security Act (42 U.S.C. 1396r(a)); 
"(C) for purposes of sections 307(a)(12) and 712, a 
board and care facility; and 
"(D) any other adult care home similar to a facility 
or institution described in subparagraphs (A) through (C). 
"(35) The term 'multipurpose senior center* means a 
community facility for the organization and provision of a broad 
spectrum of services, which shall include provision of health 
(including mental health), social, nutritional, and educational 
services and the provision of facilities for recreational activities 
for older individuals. 
"(36) The term 'music therapy* means the use of musical 
or rhythmic interventions specifically selected by a music thera-
pist to accomplish the restoration, maintenance, or improve-
ment of social or emotional functioning, mental processing, 
or physical health of an older individual. 
"(37) The term 'neglect' means— 
"(A) the failure to provide for oneself the goods or 
services that are necessary to avoid physical harm, mental 
anguish, or mental illness; or 
"(B) the failure of a caregiver to provide the goods 
or services. 
"(38) The term 'older individual* means an individual who 
is 60 years of age or older. 
"(39) The term 'physical harm' means bodily injury, impair-
ment, or disease. 
"(40) The term 'planning and service area* means an area 
designated by a State agency under section 305(a)(lXE), includ-
ing a single planning and service area described in section 
305(b)(5XA). 
"(41) The term 'poverty line* means the official poverty 
line (as defined by the Office of Management and Budget, 
and adjusted by the Secretery in accordance with section 673(2) 
of the Commimity Services Block Grant Act (42 U.S.C. 9902(2)). 
"(42) The term 'representetive payee* means a person who 
is appointed by a governmental entity to receive, on behalf 
of an older individual who is luiable to manage funds by reason 
of a physical or mental incapacity, any funds owed to such 
individual by such entity. 
"(43) The term 'Stete agenc/ means the agency designated 
under section 305(aXl)-
"(44) The term 'supportive service* means a service 
described in section 321(a). . 
(b) TECHNICAL AND CONFORMING AMENDMENTS.— 
(IXA) Sections 102(2), 201(cXl), 211, 301(bXl), 402(a), and 
411(b) of the Older Americans Act of 1965 (42 U.S.C. 3002(2), 
3011(cXl), 3020b, 3021(bXl), 3030bb(a), and 3031(b)) are 
PUBLIC LAW 102-375—SEPT. 30, 1992 
106 STAT. 1201 
amended by striking "Administration on Aging^ and inserting 
"Af^ninistration". 
(B) Section 503(a) of the Older American Conmiunity Serv-
ice Employment Act (42 U.S.C. 3056a(a)) is amended by striking 
"of the Administration on Aging". 
(2) Section 201(a) of the Older Americans Act of 1965 
(42 U.S.C. 3011(a)) is amended in the first sentence by 
striking— 
(A) "(hereinafter in this Act referred to as the 'Adminis-
tration')**; and 
(B) "(hereinafter in tiiis Act referred to as the 'Conmiis-
sioner*)**. 
(3) Section 302 of the Older Americans Act of 1965 (42 
U.S.C. 3022) is amended— 
(A) by striking paragraphs (2) through (6), (9), (11), 
and (14) through (21); and 
(B) by redesignating paragraphs (7) and (8) as para-
graphs (2) and (3). 
(4) Paragraphs (2XA) and (4) of section 306(a) and sections 
307(aX9), 422(cX3), 614(aX6), and 624(aX7) (42 U.S.C. 3026(a) 
(2XA) and (4), 3027(aX9), 3035a(cX3), 3057e(aX6), and 
3057j(aX7)) are amended by striking "information and referral** 
each place the term appears and inserting "information and 
(5) Section 307(aX10) of the Older Americans Act of 1965 
(42 U.S.C. 3027) is amended by striking "section 342(1)** and 
inserting "section 342". 
(6) Section 341(b) of the Older Americans Act of 1965 
(42 U.S.C. 3030h) is amended by striking "caregivers** and 
inserting "caretakers'*. 
(7) Section 342 of the Older Americans Act of 1965 (42 
U.S.C. 3030i) is amended— 
(A) by amending the heading to read as follows: 
"DEFINITION OF IN-HOME SERVICES**; 
(B) by striking paragraph (2); 
(C) in paragraph (1>— 
(i) in subparagraph (E) by striking "; and** and 
inserting a period; and 
(ii) by indenting 2 ems the left margin of subpara-
graphs (A) through (E) and redesignating such sub-
paragraphs as paragraphs (1) through (5), respectively; 
and 
(D) by striking "part—"* and all that follows through 
"includes—^", and inserting "part, the term In-home serv-
ices' includes—". 
(8) Section 507(1) of the Older American Community Serv-
ice Employment Act (42 U.S.C. 3056e(l)) is amended by striking 
"poverty guidelines established by Uie Office of Management 
and Budget" and inserting "poverty line". 
(9XA) Section 211 of the Older Americans Act of 1965 
(42 U.S.C;. 3020b) is amended by striking "designated under 
section 305(aXl)''. 
(B) Section 305(aX2) of the Older Americans Act of 1965 
(42 U.S.C. 3025(aX2)) is amended by striking "designated under 
clause (1)". 
59-194 O—93 
11 : QL 3 (Pt. 2) 
106 STAT. 1202 
PUBLIC LAW 102-375—SEPT. 30, 1992 
(C) Section 308(bX3XBXiii) of the Older Americans Act 
of 1965 (42 U.S.C. 3028(bX3XBXiii)) is amended by striking 
"designated under section 305". 
(D) Section 426 of the Older Americans Act of 1965 (42 
U.S.C. 3035e) is amended by striking "designated under section 
305(aXir. 
(E) Section 503(a) of the Older Americans Commimity Serv-
ice Employment Act (42 U.S.C. 3056a(a)) is amended by striking 
"on aging designated under section 305(aXir. 
(lOXA) Sections 202(aX18), 307(aX14), 308(bX3XBXiii), 
310(aXl), 311(dXl), and 411(aX2) (42 U.S.C. 3012(aX18), 
3027(aX14), 3028(bX3XBXiii), 3030(aXl), 
3030a(dXl), 
and 
3031(aX2)) are amended by striking "area agencies" and insert-
ing "area agencies on aging". 
(B) Section 305(bX5XA) (42 U.S.C. 3025(bX5XA)) is amend-
ed in the second sentence by striking "area agency" each place 
the term appears and inserting "area agency on aging". 
(C) 
Sections 
305(cX2), 
306(aX5XAXii), 
306(aX6XF), 
306(bX2XC), 307(aX13XB), 307(aX13XI), 307(aX15XB), and 
341(b) (42 U.S.C. 3025(cX2), 3026(aX5XAXii), 3026(aX6XF), 
3026(bX2XC), 3027(aX13XB), 3027(aX13XI), 3027(aX15XB), and 
3030h(b)) are amended by striking "area agency" and inserting 
"area agency on aging". 
(D) Section 305(c) (42 U.S.C. 3025(c)) is amended in the 
first sentence, in the matter following paragraph (5), by striking 
"area agency" and inserting "area agency on aging". 
(E) Sections 306(aX6XN), 307(aX13XH), and 307(aX22) (42 
U.S.C. 3026(aX6XN), 3027(aX13XH), and 3027(aX22)) are 
amended by striking "area agencjr" each place the term appears 
and inserting "area agency on aging". 
(F) Section 307(aXl) (42 U.S.C. 3027(aXl)) is amended 
by striking "agencies in" and inserting "agencies on aging in". 
(G) Section 362 (42 U.S.C. 3030n) is amended in the section 
heading by striking "
A
R
E
A AGENCIES" and inserting "
A
R
E
A AGEN-
CIES ON AGING". 
(H) Section 411(bX2) (42 U.S.C. 3031(bX2)) is amended 
by striking "State and area agency" and inserting "State agency 
and area agency on aging". 
(I) Section 412(aX6) (42 U.S.C. 3032(aX6)) is amended by 
striking "State and area agencies" and inserting "State agencies 
and area agencies on aging^. 
TITLE II—ADMINISTRATION 
SEC. 201. ADMINISTRATION ON AGING. 
(a) LIMITATION ON DELEGATION OF FUNCTIONS.—The last sen-
tence of section 201(a) of the Older Americans Act of 1965 (42 
U.S.C. 3011(a)) is amended by inserting "(including the functions 
of the Commissioner carried out through regional offices)" after 
"Commissionei^ the first place it appears. 
(b) COORDINATION.—Section 201(cX3) of the Older Americans 
Act of 1965 (42 U.S.C. 3011(cX3)) is amended— 
(1) in subparagraph (B) by inserting ", with particular 
attention to services provided to Native Americans by the 
Indian Health Service" after "affecting older Native Americans"; 
PUBLIC LAW 102-375—SEPT. 30, 1992 
106 STAT. 1203 
(2) in subparagraph (F) by inserting ", including informa-
tion (compiled with assistance from public or nonprofit private 
entities, including institutions of higher education, with experi-
ence in assessing the characteristics and health status of older 
individuals who are Native Americans) on elder abuse, in-
home care, health problems, £uid other problems unique to 
Native Americans" after "Native Americans , 
(3) in subparagraph (G) by striking "and" at the end; 
(4) in subparagraph (H) by striking the period at the end 
and inserting a semicolon; and 
(5) by adding at the end the following: 
"(I) promote coordination— 
"(i) between the administration of title III and the 
administration of title VI; and 
"(ii) between programs established imder title III by 
the Commissioner and programs established under title 
VI by the Commissioner; 
including sharing among grantees information on programs 
funded, and on training and technical assistance provided, 
under such titles; and 
"(J) serve as the effective and visible advocate on behalf 
of older individuals who are Indians, Alaskan Natives, and 
Native Hawaiians, in the States to promote the enhanced deliv-
ery of services and implementation of programs, under this 
Act and other Federal Acts, for the benefit of such individuals.". 
(c) OFFICE OF LONG-TERM CARE OMBUDSMAN PROGRAMS.—Sec-
tion 201 of the Older Americans Act of 1965 (42 U.S.C. 3011) 
is amended by adding at the end the following: 
"(dXD There is estabUshed in the Administration the Office Establishment. 
of Long-Term Care Ombudsman Programs (in this subsection 
referred to as the 'Office'). 
"(2XA) The Office shall be headed by an Associate Commis-
sioner for Ombudsman Programs (in this subsection referred to 
as the 'Associate Commissioner*) who shall be appointed by the 
Commissioner from among individuals who have expertise and back-
ground in the fields of long-term care advocacy and management. 
The Associate Commissioner shall report directly to the Commis-
sioner. 
"(B) No individual shall be appointed Associate Commissioner 
if— 
"(i) the individual has been employed within the previous 
2 years by— 
"(I) a long-term care facility; 
"(II) a corporation that then owned or operated a long-
term care facility; or 
"(III) an association of long-term care facilities; 
"(ii) the individual— 
"(I) has an ownership or investment interest (rep-
resented by equity, debt, or other financial relationship) 
in a long-term care facility or long-term care service; or 
"(II) receives, or has me right to receive, directly or 
indirectly remuneration (in cash or in kind) under a com-
pensation arrangement with an owner or operator of a 
long-term care facility; or 
"(iii) the individual, or any member of the immediate family 
of the individual, is subject to a conflict of interest. 
"(3) The Associate Commissioner shall— 
106 STAT. 1204 
PUBLIC LAW 102-375—SEPT. 30, 1992 
Reports. 
"(A) serve as an effective and visible advocate on behalf 
of older individuals who reside in long-term care facilities, 
within the Department of Health and Human Services and 
with other departments, agencies, and instrumentalities of the 
Federal Grovemment regarding all Federal policies affecting 
such individuals; 
"(B) review and make recommendations to the Commis-
sioner regarding— 
"(i) the approval of the provisions in State plans 
submitted under section 307(a) that relate to State Long-
Term Care Ombudsman programs; and 
"(ii) the adequacy of State budgets and policies relating 
to the programs; 
"(C) after consultation with State Long-Term Care Ombuds-
men and the State agencies, make recommendations to the 
Commissioner regarding— 
"(i) policies designed to assist State Long-Term Care 
Ombudsmen; and 
"(ii) methods to periodically monitor and evaluate the 
operation of State Long-Term Care Ombudsman programs, 
to ensure that the programs satisfy the requirements of 
section 307(aX12) and section 712, including provision of 
service to residents of board and care facilities and of 
similar adult care facilities; 
''(D) keep the Commissioner and the Secretary fully and 
currently informed about— 
"(i) problems relating to State Long-Term Care 
Ombudsman programs; and 
"(ii) the necessity for, and the progress toward, solving 
the problems; 
"(E) review, and make recommendations to the Secretary 
and the Commissioner regarding, existing and proposed Federal 
legislation, regulations, and policies regarding the operation 
of State Long-Term Care Ombudsman programs; 
"(F) make recommendations to the Commissioner and the 
Secretary regarding the policies of the Administration, and 
coordinate the activities of the Administration with the activi-
ties of other Federal entities. State and local entities, and 
nongovernmental entities, relating to State Long-Term Care 
Ombudsman programs; 
"(G) supervise the activities carried out under the authority 
of the Administration that relate to State Long-Term Care 
Ombudsman programs; 
"(H) admmister the National Ombudsman Resource Center 
established under section 202(aX21) and make recommenda-
tions to the Commissioner regarding the operation of the 
National Ombudsman Resource Center; 
"(I) advocate, monitor, and coordinate Federal and State 
activities of Long-Term Care Ombudsmen under this Act; 
"(J) submit to the Speaker of the House of Representatives 
and the President pro tempore of the Senate an annual report 
on the effectiveness 
of services provided under section 
307(aX12) and section 712; 
"(K) have authority to investigate the operation or violation 
of any Federal law administered oy the Department of Health 
and Himian Services that may adversely affect the health, 
safety, welfare, or rights of older individuals; and 
PUBLIC LAW 102-375—SEPT. 30, 1992 
106 STAT. 1205 
"(L) not later than 180 days after the date of the enactment 
of the Older ^jnericans Act Amendments of 1992, establish 
standards applicable to the training required by section 
712(hX4).''. 
SEC. 202. FUNCTIONS OF COMMISSIONER. 
(a) TECHNICAL AMENDMENTS.—Section 202(a) of the Older 
Americans Act of 1965 (42 U.S.C. 3012(a)) is amended— 
(1) in paragraph (3) by inserting "directly* after **(3)*'; 
(2) in paragraph (11) by striking "provide for the coordina-
tion of* and inserting "coorcUnate"; 
(3) in paragraph (18)— 
(A) by inserting ", and service providers," aft;er "agen-
cies"; and 
(B) by striking "the greatest economic or social needs" 
and inserting "greatest economic need or individuals with 
greatest social need, with particular attention to and spe-
cific objectives for providing services to low-income minority 
individuals"; and 
(4) in paragraph (19)— 
(A) in subparagraph (A) by inserting "or activity" after 
"service" each place it appears; and 
(B) in subparagraph (C) by striking "and" at the end. 
(b) FUNCTIONS.—Section 202(a) of the Older Americans Act 
of 1965 (42 U.S.C. 3012(a)) is amended— 
(1) in paragraph (20) by striking the period at the end 
and inserting a semicolon; and 
(2) by adding at the end the following: 
"(21)(A) establish and operate the National Ombudsman Establishment. 
Resource Center (in this paragraph referred to as the 'Center*), 
imder the administration of the Associate Commissioner for 
Ombudsman Programs, that will— 
"(i) by grant or contract— 
"(I) conduct research; 
"(II) provide training, technical assistance, and 
information to State Long-Term Care Ombudsmen; 
"(III) analyze laws, regulations, programs, and 
practices; and 
"(IV) provide assistance in recniiting and retaining 
volunteers for State Long-Term Care Ombudsman pro-
grams by establishing a national program for recruit-
ment efforts that utilizes the organizations that have 
established a successful record in recruiting and retain-
ing volimteers for ombudsman or other programs; 
relating to Federal, State, and local long-term care ombuds-
man policies; and 
"(ii) assist State Long-Term Care Ombudsmen in the 
implementation of State Long-Term Care Ombudsman pro-
grams; and 
(B) m£ike available to the Center not less than the amoimt 
of resources made available to the Long-Term Care Ombudsman 
National Resource Center for fiscal year 1990; 
"(22) issue regulations, and conduct strict monitoring of Regulations. 
State compliance with the requirements in effect, under this 
Act to prohibit conflicts of interest and to maintain the integrity 
and public purpose of services provided and service providers, 
under this Act in all contractual cmd commercial relationships. 
106 STAT. 1206 
PUBLIC LAW 102-375—SEPT. 30, 1992 
and include in such regulations a requirement that as a condi-
tion of being designated as an area agency on aging such 
agency shall— 
"(A) disclose to the Commissioner and the State agency 
involved— 
"(i) the identity of each nongovernmental entity 
with which such agency has a contract or commercial 
relationship relating to providing any service to older 
individuals; and 
**(ii) the nature of such contract or such relation-
ship; 
"(B) demonstrate that a loss or diminution in the quan-
tity or quality of the services provided, or to be provided, 
imder this Act by such agency has not resulted and will 
not result from such contract or such relationship; 
"(C) demonstrate that the quantity or quality of the 
services to be provided imder this Act by such agency 
will be enhanced as a result of such contract or such 
relationship; and 
"(D) on the request of the Commissioner or the State, 
for the purpose of monitoring compliance with this Act 
(including conducting an audit), disclose all sources and 
expenditures of funds received or expended to provide serv-
ices to older individuals; 
"(23) encourage, and provide technical assistance to. States 
and area agencies on aging to carry out outreach to inform 
older individuals with greatest economic need who may be 
eligible to receive, but are not receiving, supplemental security 
income benefits under title XVI of the Social Security Act 
(42 U.S.C. 1381 et seq.) (or assistance under a State plan 
program under such title), medical assistance under title XIX 
of such Act (42 U.S.C. 1396 et seq.), and benefits imder the 
Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.), of the require-
ments for eligibility to receive such benefits and such assist-
ance; 
"(24) establish information and assistance services as prior-
ity services for older individuals; 
"(25) develop guidelines for area agencies on aging to follow 
in choosing and evaluating providers of legal assistance; 
"(26) develop guidelines and a model job description for 
choosing and evaluating legal assistance developers referred 
to in sections 307(a)( 18) and 73 l(bX2); 
"(27XA) conduct a study to determine ways in which Fed-
eral funds might be more effectively targeted to low-income 
minority older individuals, and older individuals residing in 
rural areas, to better meet the needs of States with a dispropor-
tionate number of older individuals with greatest economic 
need and older individuals with greatest social need; 
"(B) conduct a study to determine ways in which Federal 
funds might be more effectively targeted to better meet the 
needs of States with disproportionate numbers of older individ-
uals, including methods of allotting funds under title III, using 
the most recent estimates of the population of older individuals; 
and 
Reports. 
"(C) not later than January 1, 1994, submit a report 
containing the findings resulting from the studies described 
PUBLIC LAW 102-375—SEPT. 30, 1992 
106 STAT. 1207 
in subparagraphs (A) and (B) to the Speaker of the House 
of Representatives and the President pro tempore of the Senate; 
"(28) provide technical assistance, training, and other 
means of assistance to State agencies, area agencies on aging, 
and service providers regarding State and local data collection 
and analysis; 
"(29) design and implement, for purposes of compliance 
with paragraph (19), uniform data collection procedures for 
use by State agencies, including— 
"(A) uniform definitions and nomenclature; 
"(B) standardized data collection procedures; 
"(C) a participant identification and description system; 
"(D) procedures for collecting information on gaps in 
services needed by older individuals, as identified by service 
providers in assisting clients through the provision of the 
supportive services; and 
"(E) procedures for the assessment of unmet needs 
for services under this Act; and 
"(30) require that all Federal grants and contracts made Regulations. 
under this title and title IV be made in accordance with a 
competitive bidding process established by the Commissioner 
by regulation.". 
(c) COMMUNITY-BASED LONG-TERM CARE PROGRAM.—Section 
202(b) of the Older Americans Act of 1965 (42 U.S.C. 3012(b)) 
is amended— 
(1) in paragraph (2) by striking "and" at the end; 
(2) in paragraph (3) by striking the period at the end 
and inserting "; and"; and 
(3) by adding at the end the following: 
"(4) participate in cdl departmental and interdepartmental 
activities to provide a leadership role for the Administration, 
State agencies, and area agencies on aging in the development 
and implementation of a national community-based long-term 
care program for older individuals.". 
(d) VOLUNTEER SERVICE COORDINATORS.—Section 202(c) of the 
Older Americans Act of 1965 (42 U.S.C. 3012(c)) is amended— 
(1) by inserting "(1)" after "(c)"; and 
(2) by adding at the end the following: 
"(2XA) In executing the duties and functions of the Administra-
tion under this Act and in carrying out the programs and activities 
provided for by this Act, the Commissioner shall act to encourage 
and assist the establishment and use o
f
— 
"(i) area volunteer service coordinators, as described in 
section 306(aX12), by area agencies on aging; cuid 
"(ii) State volunteer service coordinators, as described in 
section 307(aX31), by State agencies. 
"(B) The Commissioner shall provide technical assistance to 
the area and State volunteer services coordinators.". 
(e) NATIONAL CENTER ON ELDER ABUSE.—Section 202 of the 
Older Americans Act of 1965 (42 U.S.C. 3012) is amended by 
adding at the end the following: 
"(dXD The Commissioner shall establish and operate the Establishment. 
National Center on Elder Abuse (in this subsection referred to 
as the 'Center'). 
"(2) In operating the Center, the Commissioner shall— 
106 STAT. 1208 
PUBLIC LAW 102-375—SEPT. 30, 1992 
Grants. 
Contracts. 
Establishment. 
Grants. 
Contracts. 
"(A) annually compile, publish, and disseminate a summary 
of recently conducted research on elder abuse, neglect, and 
exploitation; 
"(B) develop and maintain an information clearinghouse 
on all programs (including private programs) showing promise 
of success, for the prevention, identification, and treatment 
of elder abuse, neglect, and exploitation; 
"(C) compile, publish, and disseminate training materials 
for personnel who are engaged or intend to engage in the 
prevention, identification, and treatment of elder abuse, neglect, 
and exploitation; 
"(D) provide technical assistance to State agencies and 
to other public and nonprofit private agencies and organizations 
to assist the agencies and organizations in planning, improving, 
developing, and carrying out programs and activities relating 
to the special problems of elder abuse, neglect, and exploitation; 
and 
"(E) conduct research and demonstration projects regarding 
the causes, prevention, identification, and treatment of elder 
abuse, neglect, and exploitation. 
"(3)(A) The Commissioner shall carry out paragraph (2) through 
grants or contracts. 
"(B) The Commissioner shall issue criteria applicable to the 
recipients of funds under this subsection. To be eligible to receive 
a grant or enter into a contract under subparagraph (A), an entity 
shall submit an application to the Commissioner at such time, 
in such manner, and containing such information as the Commis-
sioner may require. 
"(C) The Commissioner shall— 
"(i) establish research priorities for making grants or con-
tracts to carry out paragraph (2)(E); and 
"(ii) not later than 60 days before the date on which the 
Commissioner establishes such priorities, publish in the Federal 
Register for public comment a statement of such proposed prior-
ities. 
"(4) The Commissioner shall make available to the Center 
such resources as are necessary for the Center to carry out effec-
tively the functions of the Center under this Act and not less 
than the amount of resources made available to the Resource Center 
on Elder Abuse for fiscal year 1990.". 
(f) NATIONAL AGING INFORMATION CENTER.—Section 202 of the 
Older Americans Act of 1965 (42 U.S.C. 3012), as amended by 
subsection (e) of this section, is amended by adding at the end 
the following: 
"(eXl)(A) The Commissioner shall make grants or enter into 
contracts with eligible entities to establish the National Aging 
Information Center (in this subsection referred to as the 'Center*) 
to— 
"(i) provide information about education and training 
projects established under part A, and research and demonstra-
tion projects, and other activities, established under part B, 
of title IV to persons requesting such information; 
"(ii) annually compile, analyze, publish, and disseminate— 
"(I) statistical data collected imder subsection (aX19); 
"(II) census data on aging demographics; and 
PUBLIC LAW 102-375—SEPT. 30, 1992 
106 STAT. 1209 
"(III) data from other Federal agencies on the health, 
social, and economic status of older individuals and on 
the services provided to older individuals; 
"(iii) biennially compile, analyze, publish, and disseminate 
statistical data collected on the functions, staffing patterns, 
and funding sources of State agencies and area agencies on 
aging; 
"(iv) analyze the information collected under section 
201(cX3XF) by the Associate Commissioner on American Indian, 
Alaskan Native, and Native Hawaiian Aging, and the informa-
tion provided by the Resource Centers on Native American 
Elders under section 429E; 
"(v) provide technical assistance, training, and other means 
of assistance to State agencies, area agencies on aging, and 
service providers, regarding State and local data collection and 
analysis; and 
"(vi) be a national resource on statistical data regarding 
aging; 
''(B) To be eUgible to receive a grant or enter into a contract 
under subparagraph (A), an entity shall submit an application 
to the Commissioner at such time, in such manner, and containing 
such information as the Commissioner may require. 
"(C) Entities eligible to receive a grant or enter into a contract 
under subparagraph (A) shall be organizations with a demonstrated 
record of experience in education and information dissemination. 
''(2XA) llie Commissioner shall establish procedures specifying 
the length of time that the Center shall provide the information 
described in paragraph (1) with respect to a particular project 
or activity. The procedures shall require the Center to maintain Records. 
the information beyond the term of the grant awarded, or contract 
entered into, to carry out the project or activity. 
"(B) The Commissioner shall establish tiie procedures described 
in subparagraph (A) after consultation with— 
"(i) practitioners in the field of aging; 
"(ii) older individuals; 
"(iii) representatives of institutions of higher education; 
"(iv) national aging organizations; 
"(v) State agencies; 
"(vi) area agencies on aging; 
"(vii) legal assistance providers; 
"(viii) service providers; and 
"(ix) other persons with an interest in the field of aging.". 
(g) OBUGATION OF FUNDS.—Not later than March 1, 1993, 
the Commissioner shall obUgate, from the funds appropriated imder 
the Older Americans Act of 1965 (42 U.S.C. 3001 et seq.) for 
fiscal year 1993— 
(1) to carry out section 202(aX21) of such Act (as added 
by subsection (bX2) of this section), not less than the amount 
made available from appropriations for fiscal year 1990 under 
such Act for making grants and entering into contracts to 
establish and operate the National Long-Term Care Ombuds-
man Resource Center; and 
(2) to carry out section 202(dX4) of such Act (as added 
by subsection (e) of this section), not less than the amount 
made available fi'om appropriations for fiscal year 1990 under 
such Act for making grants and entering into contracts to 
note. 
106 STAT. 1210 
PUBLIC LAW 102-375—SEPT. 30, 1992 
establish and operate the National Aging Resource Center on 
Elder Abuse. 
42 use 3012 
(h) DEADLINE FOR DEVELOPMENT OF PROCEDURES.—Not later 
than 1 year after the date of the enactment of this Act, the data 
collection procedures required by section 202(aX29) of the Older 
Americans Act of 1965 shall be developed by the Commissioner 
on Aging, jointly with the Assistant Secretary of Planning and 
Evaluation of the Department of Health and Human Services, 
after— 
(1) requesting advisory information imder such Act from 
State agencies, local governments, area agencies on aging, 
recipients of grants under title VI of such Act, and local provid-
ers of services imder such Act; and 
(2) considering the data collection systems carried out by 
State agencies in the States then identified as exemplary by 
the General Accounting Office. 
Reports. 
Not later than 1 year after developing such data collection pro-
cedures, the Commissioner on Aging shall test such procedures, 
submit to the Speaker of the House of Representatives and the 
President pro tempore of the Senate a report summarizing the 
results of such test, and implement such procedures (as momfied, 
if appropriate, to reflect such results). 
SEC. 
2
0
3
. 
FEDERAL 
AGENCY 
CONSULTATION. 
(a) IN GENERAL.—Section 203(a) of the Older Americans Act 
of 1965 (42 U.S.C. 3013(a)) is amended to read as follows: 
"(aXD The Commissioner, in carrying out the obiectives and 
provisions of this Act, shall coordinate, advise, consult with, and 
cooperate with the head of each department, agency, or instrumen-
tality of the Federal Grovemment proposing or administering pro-
grams or services substantially related to the objectives of this 
Act, with respect to such programs or services. In particular, the 
Commissioner shall coordinate, advise, consult, and cooperate with 
the Secretary of Labor in carrying out title V and with the ACTION 
Agency in canying out this Act. 
"(2) The head of each department, agency, or instrumentality 
of the Federal Government proposing to establish programs and 
services substantially related to the objectives of this Act shall 
consult with the Commissioner prior to the establishment of such 
E
rograms and services. To achieve appropriate coordination, the 
ead of each department, agency, or instrumentelity of the Federal 
Grovemment administering any program substantially related to 
the objectives of this Act, particiilarly administering any program 
referred to in subsection (b), shall consult and cooperate with the 
Commissioner in carrying out such program. In particular, the 
Secretary of Labor shall consult and cooperate with the Commis-
sioner in carrying out the Job Training Partnership Act (29 U.S.C. 
1501 et seq.). 
"(3) The head of each Federal department, agency, or 
instrumentality of the Federal Government administering programs 
and services substantially related to the objectives of this Act shall 
collaborate with the Commissioner in canying out this Act, and 
shall develop a written analysis, for review and comment by the 
Commissioner, of the impact of such programs and services on— 
"(A) older individuals (with particular attention to low-
income minority older individuals) and eligible individuals (as 
defined in section 507); and 
PUBLIC LAW 102-375—SEPT. 30, 1992 
106 STAT. 1211 
"(B) the functions £uid responsibilities of State agencies 
and area agencies on aging.". 
(b) RELATED PROGRAMS.—Action 203(b) of the Older Americans 
Act of 1965 (42 U.S.C. 3013(b)) is amended— 
(1) in paragraph (16) by striking "and" at the end; 
(2) in paragraph (17) by striking the period at the end 
and inserting ", and"; and 
(3) by adding at the end the following: 
"(18) the Edward Bjnme Memorial State and Local Law 
Enforcement Assistance Programs, established luider part E 
of title I of the Omnibus Crime Control and Safe Streets Act 
of 1968 (42 U.S.C. 3750-3766b)).". 
SEC. 204. CONSULTATION WITH STATE AGENCIES, AREA AGENCIES ON 
AGING, AND NATIVE AMERICAN GRANT RECIPIENTS. 
The Older Americans Act of 1965 (42 U.S.C. 3001 et seq.) 
is amended by inserting after section 203 the following: 
•^EC. 203A. CONSULTATION WITH STATE AGENCIES, AREA AGENCIES 
42 USC 3013a. 
ON AGING, AND NATIVE AMERICAN GRANT RECIPIENTS. 
"The Commissioner shall consult and coordinate with State 
agencies, area agencies on aging, and recipients of grants imder 
title VI in the development of Federal goals, regulations, program 
instructions, and policies under this Act. . 
SEC. 206. FEDERAL COUNCIL ON THE AGING. 
(a) ESTABLISHMENT.—Section 204(a) of the Older Americans 
Act of 1965 (42 U.S.C. 3015(a)) is amended— 
(1) in paragraph (1)— 
(A) in the second sentence by striking "Members shall 
serve for terms of three years" and inserting "Except as 
provided in subsection (bXlXA), members shall serve for 
terms of 3 years, ending on March 31 regardless of the 
actual date of appointment,"; and 
(B) in the third sentence by inserting "from among 
individuals who have expertise and experience in the field 
of aging" after "appointed"; and 
(2) in paragraph (2) by striking "1984" and inserting "1992". 
(b) TERMS OF APPOINTMENT.—Section 204(b)(1)(A) of the Older 
Americans Act of 1965 (42 U.S.C. 3015(bXlXA)) is amended to 
read as follows: 
"(A)(i) The initial members of the Federal Council on the Aging 
shall be appointed on April 1,1993, as follows: 
"(I) 5 members, who shall be referred to as class 1 members, 
shall be appointed for a term of 1 year; 
"(II) 5 members, who shall be referred to as class 2 mem-
bers, shall be appointed for a term of 2 years; and 
"(III) 5 members, who shall be referred to as class 3 mem-
bers, shall be appointed for a term of 3 years, 
"(ii) Members appointed in 1994 and each third year thereafter 
shall be referred to as class 1 members. Members appointed in 
1995 and each third year thereafter shall be referred to as class 
2 members. Members appointed in 1996 and each third year there-
after shall be referred to as class 3 members.". 
(c) DUTIES OF COUNCIL.—Section 204(d) of the Older Americans 
Act of 1965 (42 U.S.C. 3015(d)) is amended— 
(1) in paragraph (2) by inserting before the semicolon at 
the end the following: "and of identifying duplication and gaps 
106 STAT. 1212 
PUBLIC LAW 102-375—SEPT. 30, 1992 
among the types of services provided under such programs 
and activities"; 
(2) by redesignating paragraphs (2) through (5) as para-
graphs (3) through (6), respectively; and 
(3) by inserting after paragraph (1) the following: 
"(2) directly advise the Commissioner on matters affecting 
the special needs of older individuals for services and assistance 
under this Act;". 
(d) REPORTS.—Section 204(f) of the Older Americans Act of 
1965 (42 U.S.C. 3015(0) is amended by striking "such interim 
reports as it deems advisable" and inserting "interim reports". 
(e) AUTHORIZATION OF APPROPRIATIONS.—Section 204(g) of the 
Older Americans Act of 1965 (42 U.S.C. 3015(g)) is amended to 
read as follows: 
"(g) There are authorized to be appropriated to carry out this 
section $300,000 for fiscal year 1992 and such sums as may be 
necessary for fiscal years 1993,1994, and 1995.". 
SEC. 206. NUTRITION OFFICER. 
Section 205(a) of the Older Americans Act of 1965 (42 U.S.C. 
3016(a)) is amended— 
(1) by redesignating paragraphs (1) through (5) as subpara-
graphs (A) through (E), respectively; 
(2) by inserting "(1)" after "(a)"; and 
(3) by adding at the end the following: 
"(2XA) The Commissioner shall designate an officer or employee 
who shall serve on a full-time basis and who shall be responsible 
for the administration of the nutrition services described in subparts 
1, 2, and 3 of part C of title III and shall have duties that include— 
"(i) designing, implementing, and evaluating nutrition 
programs; 
"(ii) developing guidelines for nutrition providers concern-
ing safety, sanitary handling of food, equipment, preparation, 
and food storage; 
"(iii) disseminating information to nutrition service provid-
ers about nutrition advancements and developments; 
"(iv) promoting coordination between nutrition service 
providers and community-based organizations serving older 
individuals; 
"(v) developing guidelines on cost containment; 
"(vi) defining a long range role for the nutrition services 
in community-based care systems; 
"(vii) developing model menus and other appropriate mate-
rials for serving special needs populations and meeting cultural 
meal preferences; and 
"(viii) providing technical assistance to the regional offices 
of the Administration with respect to each duty described in 
clauses (i) through (vii). 
"(B) The regional offices of the Administration shall be respon-
sible for disseminating, and providing technical assistance regard-
ing, the guidelines and information described in clauses (ii), (iii), 
and (v) of subparagraph (A) to State agencies, area agencies on 
aging, and persons that provide nutrition services under part C 
of title III. 
"(C) The officer or employee designated under subparagraph 
(A) shall— 
PUBLIC LAW 102-375—SEPT. 30, 1992 
106 STAT. 1213 
''(i) have expertise in nutrition and dietary services and 
planning; and 
"(iiXI) be a registered dietitian; 
"(11) be a credentialed nutrition professional; or 
"(III) have education and training that is substantially 
equivalent to the education and training for a registered dieti-
tian or a credentialed nutrition professional.". 
SEC. 207. EVALUATION. 
Section 206 of the Older Americans Act of 1965 (42 U.S.C. 
3017) is amended— 
(1) in the first sentence of subsection (a) by inserting after 
"related programs," the following: 
"their effectiveness in targeting for services under this Act unserved 
older individuals with greatest economic need (including low-income 
minority individuals) and unserved older individuals with greatest 
social need (including low-income minority individuals),"; and 
(2) by striking subsection (g) and inserting the following: 
"(gXl) Not later than June 30, 1994, the Commissioner, in 
consultation with the Assistant Secretaiy for Planning and Evalua-
tion of the Department of Health and Human Services, shall com-
plete an evaluation of nutrition services provided under this Act, 
to evaluate for fiscal years 1992 and 1993— 
"(A) their effectiveness in serving special populations of 
older individuals; 
"(B) the quality of nutrition provided by such services; 
"(C) average meal costs (including the cost of food, related 
administrative costs, and the cost of supportive services relating 
to nutrition services), taking into account regional differences 
and size of projects; 
"(D) the characteristics of participants; 
"(E) the applicability of health, safety, and dietary 
standards; 
"(F) the appraisal of such services by recipients; 
"(G) the efficiency of delivery and administration of such 
services; 
"(H) the amount, sources, and ultimate uses of funds trans-
ferred under section 308(bX5) to provide such services; 
"(I) the amount, sources, and uses of other fimds expended 
to provide such services, including the extent to which funds 
received under this Act are used to generate additional funds 
to provide such services; 
"(J) the degree of nutritional expertise used to plan and 
manage coordination with other State and local services; 
"(K) nonfood cost factors incidental to providing nutrition 
services under this Act; 
"(L) the extent to which commodities provided by the Sec-
retary of Agriculture imder section 311(a) are used to provide 
such services; 
"(M) and for the 8-year period ending September 30, 1992, 
the characteristics, and changes in the characteristics, of such 
nutrition services; 
"(N) differences between older individuals who receive 
nutrition services under section 331 and older individuals who 
receive nutrition services under section 336, with specific ref-
erence to age, income, health status, receipt of food stamp 
benefits, and limitations on activities of daily living; 
106 STAT. 1214 
PUBLIC LAW 102-375—SEPT. 30, 1992 
**(0) the impact of the increase in nutrition services pro-
vided irnder section 336, the factors that caused such increase, 
and the effect of such increase on nutrition services authorized 
under section 336; 
"(P) how, and the extent to which, nutrition services pro-
vided under this Act generally, and under section 331 specifi-
cally, are integrated with long-term care programs; 
"(Q) the impact of nutrition services provided under this 
Act on older individuals, including the impact on their dietary 
intake and opportimities for socialization; 
"(R) the adequacy of the daily recommended dietary allow-
ances described in section 339; and 
"(S) the impact of transferring funds under section 308(bX5) 
and how funds transferred under such section are expended 
to provide nutrition services. 
Establishment. 
''(2XAXi) The Commissioner shall establish an advisory council 
to develop recommendations for guidelines on efiElciency and quality 
in furnishing nutrition services described in subparts 1, 2, and 
3ofpartCoftitlein. 
"(ii) The council shall be composed of members appointed by 
the Commissioner from among individuals nominated by the Sec-
retary of Agriculture, the American Dietetic Association, the Dietary 
Managers Association, the National Association of Nutrition and 
Aging Service Programs, the National Association of Meal Pro-
grams, the National Association of State Units on Aging, the 
National Association of Area Agencies on Aging, and other appro-
priate organizations. 
"(B) Not later than June 30, 1993, the Commissioner, in con-
sultation with the Secretary of Agriculture and taking into consider-
ation the recommendations of the council, shall publish interim 
guidelines of the kind described in subparagraph (AXi). 
"(3) Not later than September 30, 1994, the Secretary shall— 
"(A) submit to the President, the Speaker of the House 
of Representatives, and the President pro tempore of the Senate 
recommendations and final guidelines to improve nutrition 
services provided imder this Act; and 
"(B) require the Commissioner to implement such rec-
ommendations administratively, to the extent feasible. 
"(h) The Secretary may use such sxuns as may be necessary, 
but not to exceed $3,000,000 (of which not to exceed $1,500,000 
shall be available from funds appropriated to carry out title III 
and not to exceed $1,500,000 shall be available from fimds appro-
priated to carry out title IV), to conduct directly evaluations under 
this section. No part of such sums may be reprogrammed, trans-
ferred, or used for any other purpose. Fimds expended under this 
subsection shall be justified and accounted for by the Secretary.". 
SEC. 208. REPORTS. 
(a) ANNUAL REPORT.—Section 207(a) of the Older Americans 
Act of 1965 (42 U.S.C. 3018(a)) is amended— 
(1) in paragraph (3) by striking "and" at the end; 
(2) in paragraph (4) by striking the period at the end 
and inserting "; and ; and 
(3) by adding at the end the following: 
"(5) a description of the implementation of the plan required 
by section 202(aX17).''. 
PUBLIC LAW 102-375—SEPT. 30, 1992 
106 STAT. 1215 
(b) DEADLINE.—Section 207(bXl) of the Older Americans Act 
of 1965 (42 U.S.C. 3018(bXl)) is amended by striking "January 
15" and inserting "^arch 1". 
(c) REPORT ON EVALUATIONS,—Section 207(c) of the Older 
Americans Act of 1965 (42 U.S.C. 3018(c)) is amended— 
(1) in paragraph (3) by striking "and" at the end; 
(2) in paragraph (4) by striking the period at the end 
and inserting "; and ; and 
(3) by adding at the end the following: 
"(5) the effectiveness of State and local efforts to target 
older individuals with greatest economic need (including low-
income minority individuals) and older individuals with great-
est social need (including low-income minority individusQs) to 
receive services under this Act.". 
SEC. 209. NUTRITION EDUCATION. 
Title II of the Older Americans Act of 1965 (42 U.S.C. 3011-
3020d) is amended by adding at the end the following: 
"SEC. 214. NUTRITION EDUCATION. 
42 USC 3020e. 
"The Commissioner and the Secretary of Agriculture may pro-
vide technical assistance and appropriate material to agencies carry-
ing out nutrition education programs in accordance with section 
307(aX13XJ).''. 
SEC. 210. AUTHORIZATION OF APPROPRIATIONS. 
Title II of the Older Americans Act of 1965 (42 U.S.C. 3011-
3020d), as amended by section 209, is amended by adding at the 
end the following: 
"SEC. 216. AUTHORIZATION OF APPROPRIATIONS. 
42 USC 3020f. 
"(a) ADMINISTRATION.—For purposes of carrying out this Act, 
there are authorized to be appropriated for the Administration 
such sums as may be necessary for fiscal years 1992, 1993, 1994, 
and 1995. 
"(b) SALARIES AND EXPENSES.—There are authorized to be 
appropriated for salaries and expenses of the Administration on 
"(1) $17,000,000 for fiscal year 1992, $20,000,000 for fiscal 
year 1993, $24,000,000 for fiscal year 1994, and $29,000,000 
for fiscal year 1995; and 
"(2) such additional sums as may be necessary for each 
such fiscal year to enable the Commissioner to provide for 
not fewer than 300 full-time employees (or the equivalent 
thereof) in the Administration on Aging.". 
SEC. 211. STUDY OF EFFECTIVENESS OF STATE LONG-TERM CARE 42 USC 3001 
OMBUDSMAN PROGRAMS. 
note. 
Not later than January 1, 1994, the Commissioner on Aging Reports, 
shall, in consultation with State agencies. State Long-Term Care 
Ombudsmen, the National Ombudsman Resource Center estab-
Ushed under section 202(aX21) of the Older Americans Act of 1965 
(as added by section 202(bX2) of this Act), and professional ombuds-
men associations, directly, or by grant or contract, conduct a study, 
and submit a report to the committees specified in section 207(bX2) 
of such Act, analyzing separately witn respect to each Stated— 
(1) the availability of services, and the unmet need for 
services, under the State Long-Term Care Ombudsmeui pro-
106 STAT. 1216 
PUBLIC LAW 102-375—SEPT, 30, 1992 
grams in effect under sections 307(a)(12) and 712 of the Older 
Americans Act of 1965 (42 U.S.C. 3001 et seq.) to residents 
of long-term care facilities (as defined in section 102 of such 
Act); 
(2) the effectiveness of the programs in providing the serv-
ices to the residents, including residents of board and care 
facilities (as defined in section 102 of such Act) and of similar 
adult care facilities; 
(3) the adequacy of Federal and other resources available 
to carry out the programs on a statewide basis in each State; 
(4) compliance and barriers to such compliance of the States 
in carrying out the programs; 
(5) any actual and potential conflicts of interest in the 
administration and operation of the programs; and 
(6) the need for and feasibility of providing ombudsman 
services to older individuals (as denned in section 102 of such 
Act) who are not in long-term care facilities and who use 
long-term care services and other health care services, by 
analyzing and assessing current State agency practices in pro-
grams in which the State Long-Term Care Ombudsmen provide 
services to older individuals in settings in addition to long-
term care facilities, teiking into account variations in— 
(A) settings where services are provided; 
(B) the types of clients served; 
(C) the types of complaints and problems handled; 
(D) State regulation of long-term care provided in set-
tings other than long-term care facilities; and 
(E) possible conflicts of interest between the State 
Long-Term Care Ombudsman programs under such Act 
and area agencies on aging (as defined in section 102 
of such Act) who provide to older individuals long-term 
care services both in such settings and in long-term care 
facilities. 
42 u s e 3001 
SEC. 212. STUDY ON BOARD AND CARE FACILITY QUALITY. 
"°*®' 
(a) ARRANGEMENT FOR STUDY COMMITTEE.—The Secretary of 
Health and Human Services shall enter into an arrangement, in 
accordance with subsection (d), to establish a study committee 
described in subsection (c) to conduct a study through the Institute 
of Medicine of the National Academy of Sciences on the quality 
of board and care facilities for older individuals (as defined in 
section 102 of the Older Americans Act of 1965 (42 U.S.C. 3001 
et seq.)) and the disabled. 
(b) SCOPE OF STUDY.—^The study shall include— 
(1) an examination of existing quality, health, and safety 
requirements for board and care facilities and the enforcement 
of such requirements for their adequacy and effectiveness, with 
special attention to their effectiveness in promoting good per-
sonal care; 
(2) an examination of, and recommendations with respect 
to, the appropriate role of Federal, State, and local governments 
in assuring the health and safety of residents of board and 
care facilities; and 
(3) specific recommendations to the Congress and the Sec-
retary, by not later than 20 months after the date of the 
enactment of this Act, concerning the establishment of mini-
mum national standards for the quality, health, and safety 
PUBLIC LAW 102-375—SEPT. 30, 1992 
106 STAT. 1217 
of residents of such facilities and the enforcement of such 
standards. 
(c) COMPOSITION OF STUDY COMMITTEE.—The study committee 
shall be composed of members as appointed from among the follow-
ing: 
(1) NATIONAL ACADEMY OF SCIENCES.—^The members of the 
National Academy of Sciences with experience in long-term 
care. The members so appointed shall include— 
(A) physicians; 
(B) experts on the administration of drugs to older 
individuals, and disabled individuals receiving long-term 
care services; and 
(C) experts on the enforcement of life-safety codes in 
long-term care facilities. 
(2) RESIDENTS.—^Residents of board and care facilities 
(including privatelv owned board and care facilities), and rep-
resentatives of such residents or of organizations that advocate 
on behalf of such residents. Members so appointed shall 
include— 
(A) residents of a nonprofit board and care facility; 
or 
(B) individuals who represent— 
(i) residents of nonprofit board and care facilities; 
or 
(ii) organizations that advocate on behalf of resi-
dents of nonprofit board and care facilities. 
(3) OPERATORS.—Operators of board and care facilities 
(including privately owned board and care facilities), and 
individuals who represent such operators or organizations that 
represent the interests of such operators. Members so appointed 
shall include— 
(A) operators of a nonprofit board and care facility; 
or 
(B) individuals who represent— 
(i) operators of nonprofit board and care facilities; 
or 
(ii) organizations that represent the interests of 
operators of nonprofit board and care facilities. 
(4) OFFICERS.— 
(A) STATE OFFICERS.—^Elected and appointed State offi-
cers who have responsibility relating to the health and 
safety of residents of board and care facilities. 
(B) REPRESENTATIVES.—Representatives of such offi-
cers or of organizations representing such officers. 
(C) OTHER INDIVIDUALS.—Other individuals with rel-
evant expertise. 
(d) U S E OF INSTITUTE OF MEDICINE.—The Secretary shall 
request the National Academy of Sciences, through the Institute 
of Medicine, to establish, appoint, £Uid provide administrative sup-
port for the study committee under an arrangement under which 
the actual expenses incurred by the Academy in carrying out such 
functions will be paid by the Secretary. If the National Academv 
of Sciences is willing to do so, the Secretary shall enter into such 
arrangement with the Academy. 
(e) INVOLVEMENT OF OTHERS.— 
(1) GOVERNMENT OFFICL\LS.—^The study committee shall 
conduct its work in a manner that provides for the consultation 
106 STAT. 1218 
PUBLIC LAW 102-375—SEPT. 30, 1992 
with Members of Congress or their representatives, officials 
of the Department of Health and Hiiman Services, and officials 
of State and local governments who are not members of the 
study committee. 
(2) EXPERTS.—^The study committee may consult with any 
individual or organization with expertise relating to the issues 
involved in the activities of the study committee. 
(f) REPORT.—^Not later than 20 months after an arrangement 
is entered into under subsection (d), the study committee shcdl 
submit, to the Secretary, the Speaker of the House of Representa-
tives, and the President pro tempore of the Senate, a report contain-
ing the results of the study referred to in subsection (a) and the 
recommendations made imder subsection (b). 
(g) BOARD AND CARE FACILITY DEFINED.—In this section, the 
term 'i)oard and care facility^ means a facility described in section 
1616(e) of the Social Security Act (42 U.S.C. 1372e(e)). 
(h) AUTHORIZATION.—^There are authorized to be appropriated 
to carry out this section $1,500,000 for fiscal year 1992 and such 
sums as may be necessary for subsequent fiscsQ years. 
42 use 3001 
SEC. 213. STUDY ON HOME CARE QUALITY. 
"°*® 
(a) ESTABLISHMENT STUDY O F COMMITTEE.—The Secretary of 
Health and Human Services shall enter into an arrangement, in 
accordance with subsection (d), to establish a study committee 
described in subsection (c) to conduct a study through the Institute 
of Medicine of the National Academy of Sciences on the quality 
of home care services for older individuals and disabled individuals. 
(b) SCOPE OF STUDY.—The study shall include— 
(1) an examination of existing quality, health and safety 
requirements for home care services and the enforcement of 
such requirements for their adequacy, effectiveness, and appro-
priateness; 
(2) an examination of, and recommendations with respect 
to, the appropriate role of Feder£d, State, and local governments 
in ensuring the health and safety of patients and clients of 
home care services; and 
(3) specific recommendations to the Congress and the Sec-
retary, not later than 20 months after the date of the enactment 
of this Act, concerning the establishment of minimum national 
standards for the quality, health, and safety of patients and 
clients of such services and the enibrcement of such standards. 
(c) COMPOSITION OF STUDY COMMITTEE.—^The study committee 
shall be composed of members appointed from among— 
(1) individuals with experience in long-term care, including 
nonmedical home care services; 
(2) patients and clients of home care services (including 
privately provided home care services and services funded 
under the Older Americans Act of 1965) or individuals who 
represent such patients and clients or organizations that advo-
cate on behalf of such patients and clients; 
(3) providers of nome care services (including privately 
provided home care services and services funded under the 
Older Americans Act of 1965) or individuals who represent 
such providers or organizations that advocate on behalf of such 
providers; 
(4) elected and appointed State officers who have respon-
sibility relating to the health and safety of patients and clients 
PUBLIC LAW 102-375—SEPT. 30, 1992 
106 STAT. 1219 
of home care services, or representatives of such officers or 
of organizations representing such officers; and 
(5) other individuals wim relevant expertise. 
(d) USE OF INSTITUTE OF MEDICINE.—^The Secretary shall 
request the National Academy of Sciences, through the Institute 
of Medicine, to estabUsh, appoint, and provide administrative sup-
port for the committee under an arrangement under which the 
actual expenses incurred by the Academy in ctunying out such 
functions will be paid by the Secretary. If the National Academv 
of Sciences is willing to do so, the Secretary shall enter into such 
arrangement with the Academy. 
(e) INVOLVEMENT OF OTHERS.— 
(1) MEMBERS AND OFFICIALS.—The committee shall conduct 
its work in a manner that provides for consultation with Mem-
bers of Congress or their representatives, officials of the Depart-
ment of Health and Human Services, and officials of State 
and local governments who are not members of the committee. 
(2) INDIVIDUAL OR ORGANIZATION WITH EXPERTISE.—The 
committee may consult with any individual or organization 
with expertise relating to the issues involved in the activities 
of the committee. 
(f) REPORT.—^Not later than 20 months after an arrangement 
is entered into under subsection (d), the committee shall submit, 
to the Secretary, the Speaker of the House of Representatives, 
and the President pro tempore of the Senate, a report containing 
the results of the study referred to in subsection (a). 
(g) AUTHORIZATION.—^There are authorized to be appropriated 
to carry out this section $1,000,000 for fiscal year 1992 and such 
sums as may be necessary for subsequent fiscal years. 
TITLE III—STATE AND COMMUNITY 
PROGRAMS ON AGING 
SEC. 301. PURPOSE OF GRANTS FOR STATE AND COMMUNITY PRO-
GRAMS ON AGING. 
Section 301(a) of the Older Americans Act of 1965 (42 U.S.C. 
3021(a)) is amended to read as follows: 
''(a)(1) It is the purpose of this title to encourage and assist 
State agencies and area agencies on aging to concentrate resources 
in order to develop greater capacity and foster the development 
and implementation of comprehensive and coordinated systems to 
serve older individuals by entering into new cooperative arrange-
ments in each State with the persons described in paragraph (2), 
for the planning, and for the provision of, supportive services, 
and multipurpose senior centers, in order to— 
"(A) secure and maintain maximum independence and dig-
nity in a home environment for older individuals capable of 
self care with appropriate supportive services; 
"(B) remove individual £md social barriers to economic and 
personal independence for older individuals; 
"(C) provide a continuum of care for vulnerable older 
individuals; and 
"(D) secure the opportunity for older individuals to receive 
managed 
in-home and commimity-based 
long-term 
care 
services. 
"(2) The persons referred to in paragraph (1) include— 
106 STAT. 1220 
PUBLIC LAW 102-375—SEPT. 30, 1992 
"(A) State agencies and area agencies on aging; 
"(B) other State agencies, including agencies that admin-
ister home and community care pro-ams; 
"(C) Indian tribes, tnbal organizations, and Native Hawai-
ian organizations; 
"(D) the providers, including voluntary organizations or 
other private sector or|^anizations, of supportive services, nutri-
tion services, and multipurpose senior centers; and 
"(E) organizations representing or employing older individ-
uals or their families.". 
SEC. 302. DEFINITIONS. 
Section 302(1) of the Older Americans Act of 1965 (42 U.S.C. 
3022(1)) is amended— 
(1) in subparagraph (B) by striking "and" at the end; 
(2) in subparagraph (C) by striking the period at the end 
and inserting ; andr; and 
(3) by adding at the end the following: 
(D) encourage and assist pubuc and private entities 
that have unrealized potential for meeting the service needs 
of older individuals to assist the older individuals on a 
voluntary basis.". 
SEC. 303. AUTHORIZATION OF APPROPRIATIONS; USES OF FUNDS. 
(a) AUTHORIZATION FOR PART B.— 
(1) SUPPORTIVE SERVICES AND SENIOR CENTERS.—Section 
303(aXl) of the Older Americans Act of 1965 (42 U.S.C. 
42 use 3023. 
3012(aXl)) is amended by striking "$379,575,000" and all that 
follows through "1991", and inserting "$461,376,000 for fiscal 
year 1992 and such sums as may be necessary for fiscal years 
1993,1994, and 1995". 
(2) STATE LONG-TERM CARE OMBUDSMAN PROGRAMS.—Sec-
tion 303(aX2) of the Older Americans Act of 1965 (42 U.S.C. 
42 use 3023. 
3012(aX2)) is amended to read as follows: 
"(2) Funds appropriated under paragraph (1) shall be available 
to carry out section 712.". 
(3) REPEAL RELATING TO OUTREACH.—Section 303(aX3) of 
42 use 3023. 
the Older Americans Act of 1965 (42 U.S.C. 3012(aX3)) is 
repealed. 
(b) AUTHORIZATION FOR PART C — 
(1) CONGREGATE NUTRITION SERVICES.—Section 303(bXl) 
42 use 3023. 
of the Older Americans Act of 1965 (42 U.S.C. 3012(bXl)) 
is amended by striking "$414,750,000" and all that follows 
through "1991", and inserting "$505,000,000 for fiscal year 
1992 and such sums as may be necessary for fiscal years 
1993,1994, and 1995". 
(2) 
HOME-DELIVERED 
NUTRITION 
SERVICES.—Section 
42 use 3023. 
303(b)(2) of the Older Americans Act of 1965 (42 U.S.C. 
3012(bX2)) is amended by striking "$79,380,000" and all that 
follows through "1991", and inserting "$120,000,000 for fiscal 
year 1992 and such sums as may be necessary for fiscal years 
1993,1994, and 1995". 
(3) AUTHORIZATION OF APPROPRIATIONS FOR SCHOOL-BASED 
MEALS FOR OLDER INDIVIDUALS AND MULTIGENERATIONAL PRO-
GRAMS.—Section 303(b) of the Older Americans Act of 1965 
(42 U.S.C. 3023) is amended by adding at the end the following: 
"(3) There are authorized to be appropriated $15,000,000 for 
fiscal year 1992 and such sums as may oe necessary for fiscal 
PUBLIC LAW 102-375—SEPT. 30, 1992 
106 STAT. 1221 
years 1993, 1994, and 1995, to carry out subpart 3 of part C 
of this title (relating to school-based meals for volunteer older 
individuals and multigenerational programs).". 
(c) AUTHORIZATION FOR PART D (RELATING TO IN-HOME SERV-
ICES).—Section 303(d) of the Older Americans Act of 1965 (42 U.S.C. 42 USC 3023. 
3012(d)) is amended by striking "$25,000,000" and all that follows 
through "1991", and inserting "$45,388,000 for fiscal year 1992 
and such sums as may be necessary for fiscal years 1993, 1994, 
and 1995,". 
(d) 
AUTHORIZATION 
FOR PART 
E 
(RELATING 
TO 
SPECIAL 
NEEDS).—Section 303(e) of the Older Americans Act of 1965 (42 42 use 3023. 
U.S.C. 3012(e)) is amended by striking "Subject to" and all that 
follows through "1991", and inserting "There are authorized to 
be appropriated such sums as may be necessary for the fiscal 
years 1992,1993,1994, and 1995,". 
(e) AUTHORIZATION FOR PART F (RELATING TO DISEASE PREVEN-
TION AND HEALTH PROMOTION).—Section 303(0 of the Older Ameri-
cans Act of 1965 (42 U.S.C. 3012(f)) is amended— 
42 USC 3023. 
(1) by striking "Subject to subsection (h), there" and insert-
ing "There"; and 
(2) by striking "$5,000,000" and all that follows through 
"1991", and inserting "$25,000,000 for fiscal year 1992 and 
such sums as may be necessary for fiscal years 1993, 1994, 
and 1995,". 
(f) AUTHORIZATION FOR PART G (RELATING TO SUPPORTIVE 
ACTIVITIES FOR CARETAKERS).—Section 303(g) of the Older Ameri-
cans Act of 1965 (42 U.S.C. 3023(g)) is amended to read as follows: 
"(g) There are authorized to be appropriated $15,000,000 for 
fiscal year 1992 and such sums as may be necessary for fiscal 
years 1993, 1994, and 1995, to carry out part G (relating to support-
ive activities for caretakers).". 
(g) REPEAL OF LIMITATION.—Section 303(h) of the Older Ameri-
cans Act of 1965 (42 U.S.C. 3023(h)) is repealed. 
SEC. 
304. 
ALLOTMENT; 
FEDERAL 
SHARE. 
(a) AMOUNT OF ALLOTMENTS.—Section 304(a) of the Older 
Americans Act of 1965 (42 U.S.C. 3024(a)) is amended— 
(1) in paragraph (2) by striking "1984" and inserting "1987"; 
(2) by amending paragraph (3) to read as follows: 
"(3) No State shall be allotted, from the amount appropriated 
under section 303(g), less than $50,000 for any fiscal year."; and 
(3) in paragraph (4) by striking "satisfactory data available" 
and inserting "data available from the Bureau of the Census, 
and other reUable demographic data satisfactory". 
(b) WITHHOLDING OF ALLOTMENTS.—Section 304(c) of the Older 
Americans Act of 1965 (42 U.S.C. 3024(c)) is amended by inserting 
"or the Commissioner does not approve the funding formula 
required imder section 305(aX2XC)" after "requirements of section 
307". 
(c) OUTREACH DEMONSTRATION PROJECTS.—Section 304(dXlXC) 
of the Older Americans Act of 1965 (42 U.S.C. 3024(dXlXC)) is 
amended to read as follows: 
"(C) not less than $150,000 and not more than 4 percent 
of the amount allotted to the State for canying out part B, 
shall be available for conducting outreach demonstration 
projects under section 706; and". 
106 STAT. 1222 
PUBLIC LAW 102-375—SEPT. 30, 1992 
(d) VOLUNTEER SERVICES COORDINATORS.—Section 304 of 
the 
Older Americans Act of 1965 (42 U.S.C. 3024) is amended by 
adding at the end the following: 
"(e) Grants made from allotments received under this title 
may be used for paying for the costs of providing for an area 
volunteer services coordinator (as described in section 306(aX12)) 
or a State volunteer services coordinator (as described in section 
307(aX31)). 
SEC. 306. ORGANIZATION. 
(a) PLANNING; CONSULTATION; LOW-INCOME MINORITY OBJEC-
TIVES AND FOCUS.—Section 305(a) of the Older Americans Act of 
1965 (42 U.S.C. 3025(a)) is amended— 
(1) by amending paragraph (IXC) to read as follows: 
**(C) be primarily responsible for the planning, policy 
development, administration, coordination, priority setting, 
and evaluation of all State activities related to the objec-
tives of this Act;"; and 
(2) in paragraph (2)— 
(A) by amending subparagraph (C) to read as follows: 
"(C) in consultation with area agencies, in accordance 
with guidelines issued by the Commissioner, and using 
the best available data, develop and publish for review 
and comment a formula for distribution within the State 
of funds received imder this title that takes into accoimt— 
"(i) the geographical distribution of older individ-
uals in the State; and 
"(ii) the distribution among planning and service 
areas of older individuals with greatest economic need 
and older individuals with greatest social need, with 
particular attention to low-income minority older 
individuals;"; 
(B) in subparagraph (D) by striking 'Yor review and 
comment" and inserting "for approval"; 
(C) in subparagraph (E) by striking "and" at the end; 
(D) by amending subparagraph (F) to read as follows: 
"(F) provide assurances that the State agency will 
require use of outreach efforts described in section 
307(aX24); and"; and 
(E) by adding at the end the following: 
"(GXi) set specific objectives, in consultation with area 
agencies on aging, for each planning and service area for 
providing services funded under this title to low-income 
minority older individuals; 
"(ii) provide an assurance that the State agency will 
undertake specific program development, advocacy, and 
outreach efforts focused on the needs of low-income minor-
ity older individuals; and 
"(iii) provide a description of the efforts described in 
clause (ii) that will be undertaken by the State agency.". 
(b) PROCEDURES; REVIEW OF BOUNDARIES.—Section 305(bX5) 
of the Older Americans Act of 1965 (42 U.S.C. 3025(bX5)) is amend-
ed by adding at the end the following: 
"(CXi) A State agency shall establish and follow appropriate 
procedures to provide due process to affected parties, if the State 
agency initiates an action or proceeding to— 
PUBLIC LAW 102-375—SEPT. 30, 1992 
106 STAT. 1223 
"(I) revoke the designation of the area agency on aging 
under subsection (a); 
"(11) designate an additional planning and service area 
in a State; 
"(III) divide the State into different planning and services 
areas; or 
"(IV) otherwise affect the boundaries of the planning and 
service areas in the State. 
"(ii) The procedures described in clause (i) shall include proce-
dures for— 
"(I) providing notice of an action or proceeding described 
in clause (i); 
"(11) documenting the need for the action or proceeding; 
"(III) conducting a public hearing for the action or proceed-
ing; 
"(IV) involving area agencies on aging, service providers, 
and older individiials in the action or proceeding; and 
"(V) allowing an appeal of the decision of the State agency 
in the action or proceemng to the Commissioner, 
"(iii) An adversely affected party involved in an action or 
proceeding described in clavise (i) may bring an appeal described 
in clause (ii)(V) on the basis of— 
"(I) the facts and merits of the matter that is the subject 
of the action or proceeding; or 
"(II) procedural grounds, 
"(iv) In deciding an appeal described in clause (ii)(V), the 
Commissioner may affirm or set aside the decision of the State 
agency. If the Commissioner sets aside the decision, and the State 
agency has taken an action described in subclauses (I) through 
(III) of clause (i), the State agency shall nullify the action.". 
SEC. 306. AREA PLANS. 
(a) CASE MANAGEMENT SERVICES.—Section 306(aX2XA) of 
the 
Older Americans Act of 1965 (42 U.S.C. 3026(aX2XA)), as amended 
by section 102(b)(4) of this Act, is amended by striking ", and 
information and assistance" and inserting ", information and assist-
ance, and case management services". 
(b) IDENTITY OF FOCAL POINT.—Section 306(aX3) of the Older 
Americans Act of 1965 (42 U.S.C. 3026(aX3)) is amended— 
(1) by inserting "(A)" after "(3)"; 
(2) by inserting "(including multipurpose senior centers 
operated by organizations referred to in paragraph (6X^X11))" 
after "centers"; 
(3) by inserting "and" after the semicolon at the end; and 
(4) by adding at the end the following: 
"(B) specif, 
in 
grants, 
contracts, 
and 
agreements 
implementing the plan, the identity of each focal point so des-
ignated;". 
(c) OBJECTIVES FOR LOW-INCOME MINORITY INDIVIDUALS.— 
(1) 
INFORMATION AND 
ASSISTANCE SERVICES.—Section Diseases. 
306(aX4) of the Older Americans Act of 1965 (42 U.S.C. h
e
^
^
t
*
h <
^
^
e 
3026(aX4)) is amended by inserting before the semicolon at 
the end the following: ", with particular emphasis on linking 
services available to isolated older individuals and older individ-
uals with Alzheimer's disease or related disorders with neuro-
logical and organic brain dysftmction (and the caretakers of 
individuals with such disease or disorders)". 
106 STAT. 1224 
PUBLIC LAW 102-375—SEPT. 30, 1992 
(2) OUTREACH AND INFORMATION.—Section 306(aX5) of the 
Older Americans Act of 1965 (42 U.S.C. 3026(aX5)) is 
amended— 
(A) in subparagraph (A)— 
(i) in clause (i)— 
(I) by striking "preference will be given to" 
and inserting ''the area agency on aging will set 
specific objectives for"; and 
(II) by striking 'Vith particular attention" and 
inserting *Hnclude specific objectives for providing 
services"; 
(ii) in clause (ii)— 
(I) in subclause (I) by striking "and" at the 
end; 
(II) by amending subclause (II) to read as 
follows: 
"(II) to the maximum extent feasible, provide services 
to low-income minority individuals in accordance with their 
need for such services; and"; and 
(III) by adding at the end the following: 
"(III) meet specific objectives established by the area 
agency on aging, for providing services to low-income 
minority individuals vathin the planning and service area; 
and"; and 
(iii) in clause (iii)— 
(I) by strikhig "and" at the end of subclause 
(I); and 
(II) by adding at the end the following new 
subclause: 
"(III) provide information on the extent to which the 
area agency on aging met the objectives described in clause 
(i);"; 
(B) by amending subparagraph (B) to read as follows: 
"(B) provide assurances that the area agency on aging 
will use outreach efforts that will— 
"(i) identify individuals eligible for assistance 
under this Act, with special emphasis on— 
"(I) older individuals residing in rural areas; 
"(II) older individuals with greatest economic 
need (with particular attention to low-income 
minority individuals); 
"(III) older individuals with greatest social 
need (with particular attention to low-income 
minority individuals); 
"(IV) older individuals with severe disabilities; 
"(V) older individuals with limited EngUsh-
speaking ability; and 
"(VI) older individuals with Alzheimer's dis-
ease or related disorders with neurological and 
organic brain dysfunction (and the caretakers of 
such individuals); and 
"(ii) inform the older individuals referred to in 
subclauses (I) tiirough (VI) of clause (i), and the care-
takers of such individuals, of the availability of such 
assist€uice; and"; and 
(C) by adding at the end the following: 
PUBLIC LAW 102-375—SEPT. 30, 1992 
106 STAT. 1225 
r 
'XO contain an assurance that the area agency on aging 
will ensure that each activity undertaken by the agency, includ-
ing planning, advocacy, and systems development, will include 
a focus on the needs of low-income minority older individuals;", 
(d) COORDINATION; HOUSING ARRANGEMENTS; TELEPHONE LIST-
ING.—Section 306(a)(6) of the Older Americans Act of 1965 (42 
U.S.C. 3026(aX6)) is amended— 
(1) in subparagraph (B) by inserting ", and timely informa-
tion in a timely manner," after "assistance"; 
(2) in subparagraph (D) by inserting "(in cooperation with 
agencies, organizations, and individuals participating in activi-
ties under the plan)" after "community by^; 
(3) in subparagraph ( E ) ^ 
(A) by inserting "(i)" after "(E)"; 
(B) by inserting "and" after the semicolon at the end; 
and 
(C) by adding at the end the following: 
"(ii) if possible regarding the provision of services under 
this title, enter into arrangements and coordinate with 
organizations that have a proven record of providing serv-
ices to older individuals, that— 
"(I) were officially designated as community action 
agencies or community action programs under section 
210 of the Economic Opportunity Act of 1964 (42 U.S.C. 
2790) for fiscal year 1981, and did not lose the designa-
tion as a result of failure to comply with such Act; 
or 
"(II) came into existence during fiscal year 1982 
as direct successors in interest to such community 
action agencies or community action programs; 
and that meet the requirements under section 675(cX3) 
of the Community Services Block Grant Act (42 U.S.C. 
9904(cX3));"; 
(4) by amending subparagraph (H) to read as follows: 
"(H) establish effective and efficient procedures for 
coordination of— 
"(i) entities conducting programs that receive 
assistance under this Act within the planning and 
service area served by the agency; and 
"(ii) entities conducting other Federal programs 
for older individuals at the local level, with particular 
emphasis on entities conducting programs described 
in section 203(b), within the area;"; 
(5) in subparagraph (I) by striking "emphasize the develop-
ment" and all that follows through the semicolon at the end, 
and inserting "include the development of case management 
services as a component of the long-term care services;"; 
(6) in subparagraph (O) by striking "and" at the end; 
(7) by striking subparagraph (P); and 
(8) by adding at the end the following: 
"(P) establish a grievance procedure for older individ-
uals who are dissatisfied with or denied services imder 
this title; 
"(Q) enter into voluntary arrangements with nonprofit 
entities (including public and private housing authorities 
and organizations) that provide housing (such as housing 
106 STAT. 1226 
PUBLIC LAW 102-375—SEPT. 30, 1992 
under section 202 of the Housing Act of 1959 (12 U.S.C. 
1701Q)) to older individuals, to provide— 
"(i) leadership and coordination in the develop-
ment, provision, and expansion of adequate housing, 
supportive services, referrals, and living arrangements 
for older individuals; and 
"(ii) advance notification and nonfinancial assist-
ance to older individuals who are subject to eviction 
from such housing; 
''(R) list the telephone number of the agency in each 
telephone directory that is published, by the provider of 
local telephone service, for residents in any geographical 
area that lies in whole or in part in the service and plan-
ning area served by the agency— 
"(i) under the name 'Area Agency on Aging*; 
"(ii) in the unclassified section of the directory; 
and 
''(iii) to the extent possible, in the clsLssified section 
of the directory, under a subject heading designated 
by the Commissioner by regulation; and 
"(S) identify the needs of older individuals and describe 
methods the area agency on aging will use to coordinate 
planning and delivery of transportation services (including 
the purchase of vehicles) to assist older individuals, includ-
ing those with special needs, in the area;". 
(e) STATE LONG-TERM CARE OMBUDSMAN PROGRAM.—Section 
306(a) of the Older Americans Act of 1965 (42 U.S.C. 3026(a)) 
is amended— 
(1) in paragraph (9) by striking "and" at the end; 
(2) in paragraph (10) by striung the period and inserting 
a semicolon; and 
(3) by adding at the end the following: 
"(11) provide assurances that the area agency on aging, 
in carrying out the State Long-Term Care Ombudsman program 
under section 307(aX12), will expend not less than tne total 
amount of funds appropriated under this Act and expended 
by the agency in fiscal year 1991 in carrying out such a program 
imder this title;". 
(f) VOLUNTEERS TO ASSIST OLDER INDIVIDUALS; PUBLIC DISCLO-
SURE; RELATIONSHIP WITH PRIVATE SECTOR; ASSURANCES OF 
COORDINATION AND ACCESS.—Section 306(a) of the Older Americans 
Act of 1965 (42 U.S.C. 3026(a)), as amended by subsection (e) 
of this section, is amended by adding at the end the following: 
"(12) in the discretion of the area agency on aging, provicte 
for an area volunteer services coordinator, who shall— 
"(A) encourage, and enlist the services of, local volun-
teer groups to provide assistance and services appropriate 
to the unique needs of older individuals within the planning 
and service area; 
"(B) encourage, organize, and promote the use of older 
individuals as volunteers to local communities within the 
area; and 
"(C) promote the recognition of the contribution made 
bv volimteers to programs administered imder the area 
plan; 
(13)(A) describe all activities of the area agency on aging, 
whether funded by public or private fimds; and 
PUBLIC LAW 102-375—SEPT. 30, 1992 
106 STAT. 1227 
"(B) provide an assurance that the activities conform with— 
"(i) the responsibiUties of the area agency on aging, 
as set forth in tms subsection; and 
"(ii) the laws, regulations, and policies of the State 
served by the area agency on aging; 
"(14) provide assurances that the area agency on aging 
will— 
"(A) maintain the integrity and public purpose of serv-
ices provided, and service providers, under this title in 
all contractual and commercial relationships; 
"(B) disclose to the Commissioner and the State 
agency^ 
"(i) the identity of each nongovernmental entity 
with which such agency has a contract or commercial 
relationship relating to providing any service to older 
individuals; and 
"(ii) the nature of such contract or such relation-
ship; 
''(C) demonstrate that a loss or diminution in the quan-
tity or quality of the services provided, or to be provided, 
under this title by such agency has not resulted £ind will 
not result from such contract or such relationship; 
"(D) demonstrate that the quantity or quality of the 
services to be provided under this title by such agency 
will be enhanced as a result of such contract or such 
relationship; and 
"(E) on the request of the Commissioner or the State, 
for the purpose oi monitoring compliance with this Act 
(including conducting an audit), disclose all sources and 
expenditures of funds such agency receives or expends to 
provide services to older individuals; 
(15) provide assurances that funds received under this 
title will not be used to pay any part of a cost (including 
an administrative cost) incurred by the area agency on aging 
to carry out a contract or commercial relationship that is not 
carried out to implement this title; 
"(16) provide assurances that preference in receiving serv-
ices under this title will not be given by the area agency 
on aging to particular older individuals as a result of a contract 
or commercial relationship that is not carried out to implement 
this title; 
"(17) provide assurances that projects in the planning and 
service area will reasonably accommodate participants as 
described in section 307(aX13XG); 
"(18) provide assurances that the area agency on aging 
will, to the maximum extent practicable, coordinate the services 
it provides imder this title with services provided imder title 
VI; 
"(19XA) provide an assurance that the area agency on 
aging will pursue activities to increase access by older individ-
uals who are Native Americans to all aging programs and 
benefits provided by the agency, including programs and bene-
fits under this title, if applicable; and 
"(B) specify the ways in which the area agency on aging 
intends to implement the activities; and 
"(20) provide that case management services provided 
imder this title through the area agency on aging will— 
106 STAT. 1228 
PUBLIC LAW 102-375—SEPT. 30, 1992 
"(A) not duplicate case management services provided 
through other Federal and State programs; 
"(B) be coordinated with services described in subpara-
graph (A); and 
"(C) be provided by— 
"(i) a public agency; or 
"(ii) a nonprofit private agency that— 
"(I) does not provide, and does not have a 
direct or indirect ownership or controlling interest 
in, or a direct or indirect affiliation or relationship 
vtrith, an entity that provides, services other than 
case management services under this title; or 
"(11) is located in a rurtd area and obtains 
a waiver of the requirement described in subclause 
(I).". 
(g) WITHHOLDING OF AREA FUNDS.—Section 306 of the Older 
Americans Act of 1965 (42 U.S.C. 3026) is amended by adding 
at the end the following: 
"(eXD If the head of a State agency finds that an area agency 
on aging has failed to comply with Federed or State laws, including 
the area plan requirement of this section, regulations, or policies, 
the State may withhold a portion of the funds to the area agency 
on aging available imder this title. 
"(2)(A) The head of a State agency shall not make a final 
determination withholding fimds under paragraph (1) without first 
affording the area agency on aging due process in accordance with 
procedures established by the State agency. 
"(B) At a minimum, such procedures shall include procedures 
for— 
"(i) providing notice of an action to withhold funds; 
"(ii) providing documentation of the need for such action; 
and 
"(iii) at the request of the area agency on aging, conducting 
a public hearing concerning the action. 
"(3XA) If a State agency withholds the funds, the State agency 
may use the funds withheld to directly administer programs under 
this title in the planning and service area served by the area 
agency on aging for a period not to exceed 180 days, except as 
provided in subparagraph (B). 
"(B) If the State agency determines that the area agency on 
aging has not taken corrective action, or if the State agency does 
not approve the corrective action, during the 180-aay period 
described in subparagraph (A), the State agency may extend the 
period for not more than 90 days.". 
SEC. 307. STATE PLANS. 
(a) COMPLIANCE WITH TITLE III.—Section 307(a) of the Older 
Americans Act of 1965 (42 U.S.C. 3027(a)) is amended— 
(1) in the first sentence by inserting "the succeeding sen-
tence and" after "provided in"; 
(2) by inserting after the first sentence the following: 
"If the Commissioner determines, in the discretion of the Commis-
sioner, that a State failed in 2 successive years to comply with 
the requirements under this title, then the State shall submit 
to the Commissioner a State plan for a 1-year period that meets 
such criteria, for subsequent years until the Commissioner deter-
PUBLIC LAW 102-375—SEPT. 30, 1992 
106 STAT. 1229 
mines that the State is in compliance with such requirements."; 
and 
(3) in paragraph (3XA)— 
(A) by inserting ''and transportation services" after 
"assistance"; and 
(B) by adding at the end the following: 
To conduct the evsuuation, the State agency shall use the 
procedures implemented under section 202(aX29).". 
(b) PROCEDURES.—Section 307(aX5) of the Older Americans Act 
of 1965 (42 U.S.C. 3027(aX5)) is amended by adding at the end 
the following: The State agency shall establish and publish proce-
dures for requesting and conducting such hearing.". 
(c) FISCAL CONTROL AND FUND ACCOUNTING.—Section 307(aX7) 
of the Older Americans Act of 1965 (42 U.S.C. 3027(aX7)) is 
amended— 
(1) by inserting "(A)" after "(7)"; and 
(2) by adding at the end the following: 
"(B) The plan shall provide assurances that— 
"(i) no individiial (appointed or otherwise) involved in 
the designation of the State agency or an area agency 
on aging, or in the designation of the head of any subdivi-
sion of the State agency or of an area agency on aging, 
is subject to a conflict of interest prohibited under this 
Act; 
"(ii) no officer, employee, or other representative of 
the State agency or an area agency on aging is subject 
to a conflict of interest prohibited under this Act; and 
"(iii) mechanisms are in place to identify and remove 
conflicts of interest prohibited under this Act. 
"(C) The plan shall provide assurances that the State 
agency and each area agency on aging will— 
"(i) maintain the integrity and public purpose of serv-
ices provided, and service providers, under the State plan 
in all contractual and commercial relationships; 
"(ii) disclose to the Commissioner— 
"(I) the identity of each nongovernmental entity 
with which the State agency or area agency on aging 
has a contract or commercial relationship relating to 
providing any service to older individuals; and 
"(II) the nature of such contract or such relation-
ship; 
"(iii) demonstrate that a loss or diminution in the 
quantity or quality of the services provided, or to be pro-
vided, under this Act by such agency has not resulted 
and will not result from such contract or such relationship; 
"(iv) demonstrate that the quantity or quality of the 
services to be provided under the State plan will be 
enhanced as a result of such contract or such relationship; 
and 
"(v) on the request of the Commissioner, for the pur-
pose of monitoring compliance with this Act (including 
conducting an audit), disclose all sources and expenditures 
of funds the State agency and area agency on aging receive 
or expend to provide services to older individuals.". 
(d) EVALUATION.—Section 307(aX8) of the Older Americans Act 
of 1965 (42 U.S.C. 3027(aX8)) is amended by adding at the end 
the following: 
106 STAT. 1230 
PUBLIC LAW 102-375—SEPT. 30, 1992 
"In conducting such evaluations and public hearings, the State 
agency shall solicit the views and experiences of entities that 
are knowledgable about the needs and concerns of low-income 
minority older individuals.". 
(e) EMPLOYMENT PREFERENCE.—Section 307(aXll) of the Older 
Americans Act of 1965 (42 U.S.C. 3027(aXll)) is amended by strik-
ing "governments," and all that follows through "older", and insert-
ing the following: 
"governments— 
"(A) preference shall be given to older individuals; and 
"(B) special consideration shall be given to individuals 
with formal training in the field of aging (including an 
educational specialty or emphasis in aging and a training 
degree or certificate in aging) or equivalent professioned 
experience in the field of aging;". 
(f) STATE LONG-TERM CARE OMBUDSMAN PROGRAM.—Section 
307(aX12) of the Older Americans Act of 1965 (42 U.S.C. 
3027(aX12)) is amended to read as follows: 
"(12) The plan shall provide assurances that the State 
agency will carry out, through the Office of the State Long-
Term Care Ombudsman, a State Long-Term Care Ombudsman 
program in accordance with section 712 and this title.". 
(g) USE OF FUNDS; NUTRITION EDUCATION AND SANITARY HAN-
DLING OF MEALS.—Section 307(aX13) of the Older Americans Act 
of 1965 (42 U.S.C. 3027(aX13)) is amended— 
(1) in subparagraph (B) by inserting "(other than under 
section 303(bX3))" after "available under this title"; 
(2) in subparagraph (F)— 
(A) by string "majr" and inserting "will"; and 
(B) by inserting "dietitians (or individuals with com-
parable expertise)," after "advice oF; 
(3) in subparagraph (H) by striking "and" at the end; 
(4) in subparagraph (I) by striking the period at the end 
and inserting a semicolon; 
(5) by adding at the end the following: 
"(J) each nutrition project shall provide nutrition edu-
cation on at least a semiannual basis to participants in 
programs described in part C; 
"(K) each project shall comply with applicable provi-
sions of State or local laws regardmg the safe and sanitary 
handling of food, equipment, and supplies used in the stor-
age, preparation, service, and delivery of meals to an older 
individual; 
"(L) the State agency will monitor, coordinate, and 
assist in the planning of nutritional services, with the 
advice of a dietitian or an individual with comparable 
expertise; and 
"(M) the State agency will— 
"(i) develop noiiifinancial criteria for eligibility to 
receive nutrition services under section 336; and 
"(ii) periodically evaluate recipients of such serv-
ices to determine whether they continue to meet such 
criteria.", 
(h) LEGAL PROBLEMS.—Section 307(aX15) of the Older Ameri-
cans Act of 1965 (42 U.S.C. 3027(aX15)) is amended— 
(1) in subparagraph (C) by striking "and" at the end; 
PUBLIC LAW 102-375—SEPT. 30, 1992 
106 STAT. 1231 
(2) in subparagraph (D) by striking the period at the end 
and inserting "; and"; and 
(3) by adding at the end the following: 
"(E) the plan contains assur£uices that area agencies 
on aging will give priority to legal assistance related to 
income, health care, long-term care, nutrition, housing, 
utilities, protective services, defense of guardianship, abuse, 
neglect, and age discrimination.". 
(i) 
PROGRAMS FOR PREVENTION OF ABUSE, NEGLECT, AND 
EXPLOITATION.—Section 307(aX16) of the Older Americans Act of 
1965 (42 U.S.C. 3027(aX16)) is amended in the matter preceding 
subparagraph (A)— 
(1) by striking "that" the first place it appears and inserting 
a comma; and 
(2) by striking ", if funds are not appropriated luider section 
303(g) for a fiscal year, provide that for such" and inserting 
"provide for a". 
(j) LEGAL ASSISTANCE DEVELOPER.—Section 307(aX18) of the 
Older Americans Act of 1965 (42 U.S.C. 3027(aX18)) is amended 
by inserting "(one of whom shall be known as a legal assistance 
developer)" after "personnel". 
(k) EXPENDITURES UNDER STATE LONG-TERM CARE OMBUDSMAN 
PROGRAM.—Section 307(aX21) of the Older Americans Act of 1965 
(42 U.S.C. 3027(aX21)) is amended to read as follows: 
"(21) The plan shall provide assurances that the State 
agency, in carrjdng out the State Long-Term Care Ombudsman 
program under section 307(aX12), will expend not less than 
the total amount expended by the agency in fiscal year 1991 
in carr}dng out such a program luider this title.". 
(1) OUTREACH AND INFORMATION.—Section 307(aX24) of 
the 
Older Americans Act of 1965 (42 U.S.C. 3027(aX24)) is amended 
to read as follows: 
"(24) The plan shall provide assurances that the State 
agency will require outreach efforts that will— 
"(A) identify individuals eligible for assist£uice under 
this Act, with special emphasis on— 
"(i) older individuals residing in rural areas; 
"(ii) older individuals with greatest economic need 
(with particular attention to low-income minority 
individuals); 
"(iii) older individuals with greatest social need 
(with particular attention to low-income minority 
individuals); 
"(iv) older individuals with severe disabilities; 
"(v) older individuals with limited English-speak-
ing ability; and 
"(vi) older individuals with Alzheimer's disease or 
related disorders with neurological and organic brain 
dysfunction (and the caretakers of such individuals); 
and 
"(B) inform the older individuals referred to in clauses 
(i) through (vi) of subparagraph (A), and the caretakers 
of such individuals, of the availability of such assistance;". 
(m) ELDER RIGHTS REQUIREMENTS.—Section 307(aX30) of the 
Older Americans Act of 1965 (42 U.S.C. 3027(aX30)) is amended 
to read as follows: 
106 STAT. 1232 
PUBLIC LAW 102-375—SEPT. 30, 1992 
"(30) The plan shall include the assurances and description 
required by section TOSCa).". 
(n) REQUIREMENTS.—Section 307(a) of the Older Americans Act 
of 1965 (42 U.S.C. 3027(a)) is amended by striking paragraph 
(31) and inserting the following: 
"(31XA) If 50 percent or more of the area plans in the 
State provide for an area volunteer services coordinator, as 
described in section 306(aX12), the State plan shall provide 
for a State volunteer services coordinator, who shall— 
"(i) encourage area agencies on aging to provide for 
area volunteer services coordinators; 
"(ii) coordinate the volunteer services offered between 
the various area agencies on aging; 
"(iii) encourage, organize, and promote the use of older 
individuals as volunteers to the State; 
"(iv) provide technical assistance, which may include 
training, to area volimteer services coordinators; and 
"(v) promote the recognition of the contribution made 
by volunteers to the programs administered under the State 
plan. 
"(B) If fewer than 50 percent of the area plans in the 
State provide for an area volunteer services coordinator, the 
State plan may provide for the State volunteer services 
coordinator described in subparagraph (A). 
"(32) The plan shall provide assurances that special efforts 
will be made to provide technical assistance to minority provid-
ers of services. 
"(33) The plan— 
"(A) shall include the statement and the demonstration 
required by paragraphs (2) and (4) of section 305(d); and 
"(B) may not be approved unless the Commissioner 
approves such statement and such demonstration. 
"(34) The plan shall provide an assurance that the State 
agency will coordinate programs under this title and title VI, 
if applicable. 
"(35) The plan shall— 
"(A) provide an assurance that tiie State agency will 
pursue activities to increase access by older individuals 
who are Native Americans to all aging programs and bene-
fits provided by the agency, including programs and bene-
fits imder this title, if applicable; and 
"(B) specify the ways in which the State agency intends 
to implement the activities. 
"(36) If case management services are offered to provide 
access to supportive services, the plan shall provide that the 
State agency shall ensure compliance with me requirements 
specified in section 306(aX20). 
"(37) The plan shall identify for each fiscal year, the actual 
and projected additional costs of providing services under this 
title, including the cost of providing access to such services, 
to older individuals residing in rural areas in the State (in 
accordance with a standard definition of rural areas specified 
by the Commissioner). 
"(38) The plan shall provide assurances that fimds received 
under this title will not be used to pay any part of a cost 
(including an administrative cost) incurred by the State or 
PUBLIC LAW 102-375—SEPT. 30, 1992 
106 STAT. 1233 
an area agency on aging to cany out a contract or commercial 
relationship that is not carried out to implement this title. 
"(39) The plan shall provide assurances that preference 
in receiving services under this title will not be given by the 
area agency on aging to particular older individuals as a result 
of a contract or commercial relationship that is not carried 
out to implement this title. 
"(40) The plan shall provide assurances that if the State 
receives funds appropriated under section 303(g) the State 
agency and area agencies on aging will expend such fimds 
to carry out part G. 
"(41) The plan shall provide assurances that demonstrable 
efforts will be made— 
"(A) to coordinate services provided imder this Act 
with other State services that benefit older individuals; 
and 
"(B) to provide multigenerational activities, such as 
opportunities for older individuals to serve as mentors or 
advisers in child care, youth day care, educational assist-
ance, at-risk youth intervention, juvenile delinquency treat-
ment, and family support programs. 
"(42) The plan shall provide assurances that the State 
will coordinate public services within the State to assist older 
individuals to obtain transportation services associated with 
access to services provided under this title, to services under 
title VI, to comprehensive counseling services, and to legal 
assistance. 
"(43) The plan shall provide that the State agency shall 
issue guidelines applicable to grievance procedures required 
by section 306(aX6XP). 
"(44) The plan shall include assurances that the State 
has in effect a mechanism to provide for quality in the provision 
of in-home services under this title.*. 
(o) APPROVAL OF STATE PLAN.—Section 307(bXl) of the Older 
Americans Act of 1965 (42 U.S.C. 3017(bXl)) is amended by insert- 42 use 3027. 
ing before the period at the end the following: ", except the Commis-
sioner may not approve such plan unless the Commissioner 
determines that the formula submitted under section 305(aX2XD) 
complies with the guidelines in effect under section 305(aX2XC)''. 
(p) DETERMINATION OF DISAPPROVAL.—Section 307(c) of the 
Older Americans Act of 1965 (42 U.S.C. 3027(c)) is amended— 
(1) by inserting "(1)" after "(c)"; and 
(2) by adding at the end the following: 
"(2) Not later than 30 days after such final determination, 
a State dissatisfied with such final determination may appeal such 
final determination to the Secretary for review. If the State timely 
appeals such final determination in accordance with subsection 
(e)(1), the Secretary shall dismiss the appeal filed under this 
paragraph. 
^3) If the State is dissatisfied with the decision of the Secretary 
aft«r review under paragraph (2), the State may appeal such deci-
sion not later than 30 days after such decision and in the manner 
described in subsection (e). For purposes of appellate review imder 
the preceding sentence, a reference in subsection (e) to the Commis-
sioner shidl be deemed to be a reference to the Secretary.". 
(q) REPEAL OF EXPIRED PROVISION.—Section 307(0 of the Older 
Americans Act of 1965 (42 U.S.C. 3027(f)) is repealed. 
6»-194 O—93 
12:QL3(Pt. 2) 
106 STAT. 1234 
PUBLIC LAW 102-375—SEPT. 30, 1992 
(r) PROTECTION OF COMMERCIAL INFORMATION.—Section 307(g) 
of the Older Americans Act of 1965 (42 U.S.C. 3027(g)) is amended— 
(1) by striking "(g)" and inserting "(fKD"; and 
(2) by adding at the end the following: 
"(2) Information disclosed under section 306(aX14XBXi) or sub-
section (aX7XCXiiXI) may be disclosed to the public by the State 
agency or the State only if such information could be disclosed 
under section 552 of title 5, United States Code, by an agency 
of the United States.". 
SEC. 308. PLANNING, COORDINATION, EVALUATION, AND ADMINIS-
TRATION OF STATE PLANS. 
Section 308 of the Older Americans Act of 1965 (42 U.S.C. 
3028) is amended— 
(1) in subsection (aX3) by inserting "been" after "which 
has"; and 
(2) in subsection (b)— 
(A) in paragraph (4)— 
(i) by inserting "(A)" after "(4)"; 
(ii) in the first sentence— 
(I) by inserting "and except as provided in 
subparagraph (B)" after "this title"; 
(II) by striking "received under section 303(b) 
(1) and (2), a" and inserting "received by a State 
and attributable to funds appropriated under para-
graph (1) or (2) of section 303(b), the"; and 
(III) by striking "a portion of the funds appro-
priated" and inserting not more than 30 percent 
of the funds so received"; and 
(iii) by adding at the end the following: 
"(B) If a State demonstrates, to the satisfaction of the Commis-
sioner, that funds received by the State and attributable to funds 
appropriated under paragraph (1) or (2) of section 303(b), including 
funds transferred under subparagraph (A) without regard to this 
subparagraph, for fiscal year 1993, 1994, 1995, or 1996 are insuffi-
cient to satisfy the need for services under subpart 1 or subpart 
2 of part C, then the Commissioner may grant a waiver that 
permits the State to transfer under subparagraph (A) to satisfy 
such need— 
"(i) an additional 18 percent of the funds so received for 
fiscal year 1993; 
"(ii) an additional 15 percent of the funds so received for 
each of the fiscal years 1994 and 1995; and 
"(iii) an additional 10 percent of the fimds so received 
for fiscal year 1996."; and 
(B) by striking paragraph (5) and inserting the 
following: 
"(5)(A) Notwithstanding any other provision of this title and 
except as provided in subparagraph (B), of the funds received by 
a State attributable to fimds appropriated under subsection (aXl), 
and paragraphs (1) and (2) of subsection (b), of section 303, the 
State may elect to transfer not more than 30 percent for fiscal 
year 1993, not more than 25 percent for fiscal year 1994, not 
more than 25 percent for fiscal year 1995, and not more than 
20 percent for fiscal year 1996, between programs under part B 
and part C, for use as the State considers appropriate. The State 
shall notify the Commissioner of any such election. 
PUBLIC LAW 102-375—SEPT. 30, 1992 
106 STAT. 1235 
"(BXi) If a State demonstrates, to the satisfaction of the 
Commissioner, that funds received by the State and attributable 
to funds appropriated under part B or part C (including funds 
transferred under subparagraph (A) without regard to this subpara-
graph) for fiscal year 1994 or 1995 are insufficient to satisfy the 
need for services imder such part, then the Commissioner may 
grant a waiver that permits the State to transfer under subpara-
graph (A) to satisfy such need an additionsd 5 percent oi the 
mnds so received for such fiscal year. 
"(ii) If a State demonstrates, to the satisfaction of the Commis-
sioner, that funds received by the State and attributable to funds 
appropriated under part B or part C (including funds transferred 
iinder subparagraph (A) without regard to this subparagraph) for 
fiscal year 1996 are insufficient to satisfy the need for services 
under such part, then the Commissioner may grant a waiver that 
permits the State to transfer under subparagraph (A) to satisfy 
such need an additional 8 percent of the funds so received for 
such fiscal year. 
"(C) At a minimum, the application described in subparagraph 
(A) shall include a description of the amount to be transferred, 
the purposes of the transfer, the need for the transfer, and the 
impact of the transfer on the provision of services from which 
the funding will be tremsferred. The Commissioner shall approve 
or deny the application in writing. 
"(6) A State agency may not delegate to an area agency on 
aging or any other entity the authority to make a transfer under 
psiragraph (4XA) or (5XA). 
(7) The Commissioner shall annually collect, and include in 
the report required bv section 207(a), data regarding the transfers 
described in paragraphs (4)(A) and (5)(A), including— 
"(A) the amount of funds involved in the transfers, analyzed 
by State; 
"(B) the rationales for the transfers; 
"(C) in the case of transfers described in paragraphs (4XA) 
and (5XA), the effect of the transfers of the provision of services, 
including the effect on the nimiber of meals served, imder— 
(i) subpart 1 of part C; and 
"(ii) subpart 2 of part C; and 
"(D) in the case of transfers described in paragraph (5XA)— 
"(i) in the case of transfers to part B, information 
on the supportive services, or services provided through 
senior centers, for which the transfers were used; and 
"(ii) the effect of the transfers on the provision of 
services provided under— 
"(I) part B; and 
"(II) part C, including the effect on the number 
of meals served.". 
SEC. 309. DISASTER RELIEF REIMBURSEMENTS. 
Section 310 of the Older Americans Act of 1965 (42 U.S.C. 
3030) is amended— 
(1) in subsection (a)— 
(A) in paragraph (1) by inserting "(and related sup-
plies)" after "supportive services"; and 
(B) by adding at the end the following: 
"(3) If the Commissioner decides, in the 5-day period beginning 
on the date such disaster is declared by the President, to provide 
106 STAT. 1236 
PUBLIC LAW 102-375—SEPT. 30, 1992 
an amount of reimbursement under paragraph (1) to a State, then 
the Commissioner shall provide not less than 75 percent of such 
amount to such State not later than 5 days after the date of 
such decision."; and 
(2) in subsections (aX2) and (b)— 
(A) by striking "5 percent" each place it appears and 
inserting "2 percent"; and 
(B) by striking "for carrying out the purposes of section 
422" each place it appears and inserting "to carry out 
title IV". 
SEC. 310. AVAILABIUTY OF SURPLUS COMMODITIES. 
Section 311 of the Older Americans Act of 1965 (42 U.S.C. 
3030a) is amended— 
(1) in subsection (aX4)— 
(A) by designating the first sentence as subparagraph 
(A); 
(B) by designating the second and third sentence as 
subparagraph (B), and indenting accordingly; and 
(C) in subparagraph (A), as designated by subpara-
graph (A) of this paragraph, by striking "shall maintain" 
and all that follows, and inserting the following: 
"shall maintain— 
"(i) for fiscal year 1992, a level of assistance equal to 
the greater of— 
"(I) a per meal rate equal to the amount appropriated 
under subsection (c) for fiscal year 1992, divided by the 
nimiber of meals served in the preceding fiscal year; or 
"(II) 61 cents per meal; and 
"(ii) for fiscal year 1993 and each subsequent fiscal year, 
an annually programmed level of assistance equal to the greater 
of— 
"(I) a per meal rate equal to the amount appropriated 
under subsection (c) for the fiscal year, divided by the 
number of meals served in the preceding fiscal year; or 
"(II) 61 cents per meal, adjusted in accordance with 
changes in the series for food away from home, of the 
Consvuner Price Index For All Urban Consumers, published 
by the Bureau of Labor Statistics of the Department of 
Labor, based on the 12-month period ending on July 1 
of the preceding year."; and 
(2) in subsection (c)— 
(A) in paragraph (IXA) by striking "$151,000,000" and 
all that follows through "1991", and inserting "$250,000,000 
for fiscal year 1992, $310,000,000 for fiscal year 1993, 
$380,000,000 for fiscal year 1994, and $460,000,000 for 
fiscal year 1995"; and 
(B) in paragraph (2)— 
(i) by striking "(2) In" and inserting "(2XA) Except 
as provided in subparagraph (B), in"; and 
(ii) by adding at the end the following new 
subparagraph: 
Claims. 
«(B) In each fiscal year, the final reimbursement claims shall 
be a^jiisted to use the fiill amount appropriated imder this sub-
section for the fiscal year.". 
PUBLIC LAW 102-375—SEPT. 30, 1992 
106 STAT. 1237 
SEC. 311. RIGHTS RELATING TO IN-HOME SERVICES FOR FRAIL 
OLDER INDIVIDUALS. 
Part A of title III of the Older Americans Act of 1965 (42 
U.S.C. 3021-3030c) is amended by adding at the end the following: 
'^EC. 314. RIGHTS RELATING TO IN-HOME SERVICES FOR FRAIL 
42 USC 3030c-l. 
OLDER INDIVIDUALS. 
"(a) PROMOTION.—^The Commissioner shall require entities that 
provide in-home services imder this title to promote the rights 
of each older individual who receives such services. Such rights 
include the following: 
"(1) The rights 
"(A) to be fully informed in advance about each in-
home service provided by such entity under this title and 
about any change in such service that may affect the well-
being of such individual; and 
"(B) to participate in planning and changing an in-
home service provided under this title by such entity unless 
such individual is judicially adjudged incompetent. 
"(2) The right to voice a grievance with respect to such 
service that is or fails to be so provided, without discrimination 
or reprisal as a result of voicing such grievance. 
"(3) The right to confidentiality of records relating to such 
individual. 
**(4) The right to have the property of such individual 
treated with respect. 
"(5) The right to be fully informed (orally and in writing), 
in advance of receiving an in-home service under this title, 
of such individual's rights and obligations under this title.". 
SEC. 312. SUPPORTIVE SERVICES. 
Section 321(a) of the Older Americans Act of 1965 (42 U.S.C. 
3030d(a)) is amended— 
(1) in paragraph (3) by inserting "(including information 
and assistance services)" after "and services"; 
(2) in paragraph (3) by inserting before the semicolon at 
the end the following: ", including language translation services 
to assist older individuals with limited-English speaking abiUty 
to obtain services under this title"; 
(3) in paragraph (4)— 
(A) by striking "or (C)" and inserting "(C)"; and 
(B) by inserting "; or (D) to receive applications from 
older individuals for housing under section 202 of the Hous-
ing Act of 1959 (12 U.S.C. 170IQ)" before the semicolon 
at the end; 
(4) by amending paragraph (6) to read as follows: 
"(6) services designed to provide to older individuals legal 
assistance and other counseling services and assistance, 
including— 
"(A) tax counseling and assistance, financial counsel-
ing, and counseling regarding appropriate health and life 
insurance coverage; 
"(B) representation— 
"(i) of individuals who are wards (or are allegedly 
incapacitated); and 
106 STAT. 1238 
PUBLIC LAW 102-375—SEPT. 30, 1992 
"(ii) in guardianship proceedings of older individ-
uals who seek to become guardians, if other adequate 
representation is unavailable in the proceedings; and 
"(C) provision, to older individuals who provide 
uncompensated care to their adult children with disabil-
ities, of counseling to assist such older individuals with 
permanency plcmning for such children;"; 
(5) in paragraph (7) by striking "physical activity and exer-
cise" and inserting "physical activity, exercise, music therapy, 
art therapy, and dance-movement therapy"; 
(6) in paragraph (9) by striking "preretirement" and all 
that follows and inserting ", for older individuals, preretirement 
counseling and assistance in planning for and assessing future 
post-retirement needs with regard to public and private insur-
ance, public benefits, lifestyle changes, relocation, legal matters, 
leisure time, and other appropriate matters;"; 
(7) in paragraph (11) by inserting before the semicolon 
the following: ", and of older individuals who provide imcompen-
sated care to their adult children with disabilities"; 
(8) in paragraph (12) by inserting "and second career" 
after "including job , 
(9) in paragraph (17) by inserting ", including information 
concerning prevention, diagnosis, treatment, and rehabilitetion 
of age-related diseases and chronic disabling conditions" before 
the semicolon at the end; 
(10) in paragraph (18) by striking "or" at the end; 
(11) by redesignating paragraph (19) as paragraph (22); 
and 
(12) by inserting after paragraph (18) the following: 
"(19) services designed to support family members and 
other persons providing voluntary care to older individuals 
that need long-term care services; 
"(20) services designed to provide information £uid training 
for individuals who are or may become guardians or representa-
tive payees of older individuals, including information on the 
powers and duties of guardians and representative payees and 
on alternatives to guardianships; 
"(21) services to encourage and facilitete regular interaction 
between school-age children and older individuals, including 
visits in long-term care facilities, multipurpose senior centers, 
and other settings; or". 
SEC. 313. CONGREGATE NUTRITION SERVICES. 
Section 331(1) of the Older Americans Act of 1965 (42 U.S.C. 
3030e(l)) is amended— 
(1) by inserting "(except in a rural area where such fre-
quency is not feasible (as defined by the Commissioner by 
regulation) and a lesser frequency is approved by the Stete 
agency)" after "week"; and 
(2) bv striking ", each of which" and all that follows through 
"Research Councir. 
SEC. 314. HOME DELIVERED NUTRITION SERVICES. 
Section 336 of the Older Americans Act of 1965 (42 U.S.C. 
3030f) is amended— 
(1) by inserting "(except in a rural area where such fre-
quency is not feasible (as defined by the Commissioner by 
PUBLIC LAW 102-375—SEPT. 30, 1992 
106 STAT. 1239 
regulation) and a lesser frequency is approved by the State 
agency)" after "week"; and 
(2) by striking ", each of which" and all that follows through 
"Research Council". 
SEC. 315. CRITERIA. 
Section 337 of the Older Americans Act of 1965 (42 U.S.C. 
3030g) is amended by inserting "the Dietary Managers Association," 
after "Dietetic Association,". 
SEC. 316. SCHOOL-BASED MEALS FOR VOLUNTEER OLDER INDIVID-
UALS AND MULTIGENERATIONAL PROGRAMS. 
(a) ESTABLISHMENT OF PROGRAM.—Part C of title III of the 
Older Americans Act of 1965 (42 U.S.C. 3030e et seq.) is amended 
by adding at the end the following: 
"Subpart 3—School-Based Meals for Volunteer Older Individuals 
and Multigenerational Programs 
"SEC. 338. ESTABLISHMENT. 
42 USC 
"(a) IN GENERAL.—^The Commissioner shall establish and carry 
out, imder State plans approved under section 307, a program 
for making grants to States to pay for the Federal share of establish-
ing and operating projects in public elementary and secondary 
schools (including elementary and secondary schools for Indian 
children operated with Federal assistance, or operated by the 
Department of the Interior, and referred to in section 1005(dX2) 
of the Elementary and Secondary Education Act of 1965 (20 U.S.C3. 
2711(d)(2)) that^ 
"(1) provide hot meals, each of which ensures a minimum 
of one-third of the daily reconmiended dietary allowances as 
established by the Food and Nutrition Board of the National 
Research Council of the National Academy of Sciences, to volun-
teer older individuals— 
"(A) while such schools are in session; 
"(B) during the summer; and 
"(C) unless waived by the State involved, on the week-
days in the school year when such schools are not in 
session; 
"(2) provide multigenerational activities in which volunteer 
older individuals and students interact; 
"(3) provide social and recreational activities for volunteer 
older individuals; 
"(4) develop skill banks that maintain and make avcdlable 
to school of&cisus information on the skills and preferred activi-
ties of voliuiteer older individuals, for purposes of providing 
opportunities for such individuals to serve as tutors, teacher 
aides, living historians, special speakers, playground super-
visors, lunchroom assistants, and in other roles; and 
"(5) provide opportunities for volunteer older individuals 
to participate in school activities (such as classes, dramatic 
programs, and assemblies) and use school facilities. 
"(b) FEDERAL SHARE.—The Federal share of the cost of 
establishing and operating nutrition and multigenerational activi-
ties projects under this subpart shall be 85 percent. 
106 STAT. 1240 
PUBLIC LAW 102-375—SEPT. 30, 1992 
42 use 
'^EC. 338A. APPUCATION AND SELECTION OF PROVIDERS. 
^
~ • 
"(a) CONTENTS OF APPUCATION.—TO be eligible to cany out 
a project under the program established under this subpart, an 
entity shall submit an application to a State agency. Such appUca-
tion shall include— 
"(1) a plan describing the project proposed by the applicant 
and comments on such plan from the appropriate area agency 
on aging and the appropriate local educational agency (as 
defined in section 1471 of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 2891)); 
''(2) an assurance that the entity shall pay not more than 
85 percent of the cost of carrying out such project from funds 
awarded under this subpart; 
"(3) an assurance that the entity shall pay not less than 
15 percent of such cost, in cash or in kind, from non-Federal 
sources; 
"(4) information demonstrating the need for such project, 
including a description of— 
(A) the nutrition services and other services currently 
provided under this part in the geographic area to be 
served by such project; smd 
"(B) the manner in which the project will be coordi-
nated with such services; and 
"(5) such other information and assurances as the Commis-
sioner may require by regulation. 
"(b) SELECTION AMONG APPLICANTS.—In selecting grant recipi-
ents from among entities that submit applications under subsection 
(a) for a fiscal year, the State agency shall— 
"(1) give first priority to entities that carried out a project 
imder this subpart in the preceding fiscal year; 
"(2) give second priority to entities that carried out a nutri-
tion project imder subpart 1 or title VI in the preceding fiscal 
year; and 
"(3) give third priority to entities whose applications include 
a plan that involves a school with greatest need (as measured 
by the dropout rate, the level of substance abuse, and the 
number of children who have limited-English proficiency or 
who participate in projects under section 1015 of the 
Elementary and Secondary Education Act of 1965 (20 U.S.C. 
2025)). 
42 use 
''SEC 338B. REPORTS. 
3030g-i3. 
„
^
^
^ REPORTS BY STATES.—Not later than 60 days after the 
end of a fiscal year for which a State receives a grant under 
this subpart, such State shall submit to the Commissioner a report 
evaluating the projects carried out under this subpart by such 
State in such fiscal year. Such report shall include for each project— 
"(1) a description of— 
"(A) persons served; 
"(B) multigenerational activities carried out; and 
"(C) additional needs of volunteer older individuals 
and students; and 
"(2) recommendations for any appropriate modifications to 
satisfy the needs described in paragraph (IXC). 
"(b) REPORTS BY COMMISSIONER.—^Not later than 120 days after 
the end of a fiscal vear for which funds are appropriated to carry 
out this subpart, tne Commissioner shall submit to the SpesUcer 
PUBLIC LAW 102-375—SEPT. 30, 1992 
106 STAT. 1241 
of the House of Representatives and the President pro tempore 
of the Senate a report summarizing, with respect to each State, 
the reports submitted under subsection (a) for such fiscal year.", 
(b) LIMITATION ON ADMINISTRATIVE COSTS.—Section 303(c) of 
the Older Americans Act of 1965 (42 U.S.C. 3023(c)) is amended— 
(1) by striking "parts B and C and inserting "part B, 
and subparts 1 and 2 of part C,"; and 
(2) in paragraph (2) by inserting "under subparts 1 and 
2 of part C" after "nutrition services'*. 
SEC. 317. DIETARY GUIDELINES; PAYMENT REQUIREMENT. 
Part C of title III of the Older Americans Act of 1965 (42 
U.S.C. 3030e et seq.), as amended by section 316, is amended 
by adding at the end the following: 
"Subpart 4—General Provisions 
'^EC. 339. COMPLIANCE WITH DIETARY GUIDELINES. 
42 USC 
"A State that estabUshes and operates a nutrition project under 
this part shall ensure that the meals provided through the project— 
"(1) comply with the Dietary Guidelines for Americans, 
published by the Secretary and the Secretary of Agriculture; 
and 
"(2) provide to each participating older individual— 
• 
"(A) a minimum of 33y3 percent of the daily rec-
ommended dietary allowances as established by the Food 
and Nutrition Board of the National Research Council of 
the National Academy of Sciences, if the project provides 
1 meal per day; 
"(B) a minimum of 66% percent of the allowances 
if the project provides 2 meals per day; and 
"(C) 100 percent of the allowances if the project pro-
vides 3 meals per day.". 
'nSEC. 339A. PAYMENT REQUIREMENT. 
42 USC 
"Payments made by a State agency or an area agency on 
aging for nutrition services (including meals) provided imder part 
A, B, or C may not be reduced to reflect any increase in the 
level of assistance provided under section 311.". 
SEC. 318. IN-HOME SERVICES. 
Section 342 of the Older Americans Act of 1965 (42 U.S.C. 
30301), as amended by section 102(bX7) of this Act, is amended— 
(1) in paragraph (4) by striking "and" at the end; 
(2) in paragraph (5) by striking the period at the end 
and inserting a semicolon; and 
(3) by adding at the end the following: 
"(6) personal care services; and 
"(7) other in-home services as defined— 
"(A) by the State agency in the State plan submitted 
in accordance with section 307; and 
"(B) by the area agency on aging in the area plan 
submitted in accordance with section 306.". 
SEC. 319. PREVENTIVE HEALTH SERVICES. 
(a) PROGRAM AUTHORIZED.—Section 361 of the Older Americans 
Act of 1965 (42 U.S.C. 3030m) is amended— 
(1) by amending subsection (a) to read as follows: 
106 STAT. 1242 
PUBLIC LAW 102-375—SEPT. 30, 1992 
H^^?^' A 
"
^
^
^ "^^ Commissioner shall carry out a program for making 
he^^th c^e 
grants to States imder State plans approved under section 307 
to provide disease prevention and health promotion services and 
information at multipurpose senior centers, at congregate meal 
sites, through home delivered meals programs, or at other appro-
priate sites. In carrying out such program, the Commissioner snail 
consult with the Directors of the Centers for Disease Control and 
the National Institute on Aging."; 
(2) by striking subsection (b); and 
(3) by redesignating subsection (c) as subsection (b). 
(b) DEFINITION.—Section 363 of the Older Americans Act of 
1965 (42 U.S.C. 3030o) is amended to read as follows: 
"SEC. 363. DEFINITION. 
"As used in this part, the term 'disease prevention and hesdth 
promotion services' means— 
"(1) health risk assessments; 
"(2) routine health screening, which may include hyper-
tension, glaucoma, cholesterol, cancer, vision, hearing, diabetes, 
and nutrition screening; 
"(3) nutritional counseling and educational services for 
individuals and their primary caregivers; 
"(4) health promotion programs, including programs relat-
ing to chronic disabling conditions (including osteoporosis and 
cardiovascular disease) prevention and reduction of effects, alco-
hol and substance abuse reduction, smoking cessation, weight 
loss and control, and stress management; 
"(5) programs regarding physical fitness, group exercise, 
and music, art, and dance-movement therapy, including pro-
grams for multigenerational participation that are provided 
b y -
"(A) an institution of higher education; 
"(B) a local educationsQ agency, as defined in section 
1471 of the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 2891); or 
"(C) a community-based organization; 
**(6) home injury control services, including screening of 
high-risk home environments and provision of educational pro-
grams on injury prevention (including fall and fracture preven-
tion) in the home environment; 
"(7) screening for the prevention of depression, coordination 
of community mentel health services, provision of educational 
activities, and referral to psychiatric and psychological services; 
"(8) educational programs on the availability, benefits, and 
appropriate use of preventive health services covered under 
title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.); 
''(9) medication management screening and education to 
prevent incorrect medication and adverse drug reactions; 
"(10) information concerning diagnosis, prevention, treat-
ment, and rehabiUtation of age-related diseases and chronic 
disabling conditions, including osteoporosis, cardiovascular dis-
eases, and Alzheimer's disease and related disorders with 
neurological and organic brain dysfunction; 
"(11) gerontological counseling; and 
"(12) counseling regarding social services and foUowup 
health services based on any of the services described in para-
graphs (1) through (11). 
PUBLIC LAW 102-375—SEPT. 30, 1992 
106 STAT. 1243 
The term shall not include services for which payment may be 
made imder title XVIII of the Social Security Act (42 U.S.C. 1395 
et seq.).". 
(c) CONFORMING AMENDMENT.—Part F of title III of the Older 
Americans Act of 1965 (42 U.S.C. 3030m et seq.) is amended in 
the part heading by striking "PREVENTIVE HEALTH SERVICES" 
and inserting "DISEASE PREVENTION AND HEALTH PROMOTION 
SERVICES". 
SEC. 320. SUPPORTIVE ACTIVMES FOR CARETAKERS WHO PROVIDE 
IN-HOME SERVICES TO FRAIL OLDER INDIVIDUALS. 
Part G of title III of the Older Americans Act of 1965 (42 
U.S.C. 3021-3030p) is amended to read as follows: 
"PART G—SUPPORTIVE ACTIVITIES FOR CARETAKERS WHO PROVIDE 
IN-HOME SERVICES TO FRAIL OLDER INDIVIDUALS 
"SEC 381. PROGRAM AUTHORIZED. 
'The Commissioner shall carry out a program for making grants 
to States under State plans approved imder section 307 to carry 
out a program to provide supportive activities for caretakers who 
provide in-home services to frail older individuals (including older 
individuals who are victims of Alzheimer's disease or related dis-
orders with neurological and organic brain dysfunction). Such 
supportive activities may include— 
"(1) providing training and counseling for such caretakers; 
"(2) technical assistance to such caretakers to assist them 
to form or to participate in support groups; 
"(3) providing information— 
(A) to frail older individuals and their families regard-
ing how to obtain in-home services and respite services; 
and 
"(B) to caretakers who provide 
such 
services, 
regarding— 
(i) how to provide such services; and 
"(ii) sources of nonfinancial support available to 
them as a result of their providing such services; and 
"(4) maintaining lists of individuals who provide respite 
services for the families of frail older individuals. 
"SEC. 382. DEFINITIONS. 
"For purposes of this part, the term 'in-home services* has 
the meaning given such term in section 342. 
"SEC. 383. MAINTENANCE OF EFFORT. 
"Section 344 shall apply with respect to funds made available 
under this part, in the same manner as such section applies to 
funds made available under part D.". 
TITLE IV—TRAINING, RESEARCH, AND 
DISCRETIONARY PROJECTS AND PRO-
GRAMS 
42 use 3030p. 
Grants. 
Health and 
health care. 
42 u s e 3030q. 
42 use 3030r. 
SEC. 401. STATEMENT OF PURPOSE. 
Section 401 of the Older Americans Act of 1965 (42 U.S.C. 
3030aa) is amended in the matter preceding paragraph (1) by 
106 STAT. 1244 
PUBLIC LAW 102-375—SEPT. 30, 1992 
Contracts. 
inserting "and publicly disseminate the results of the tests, to 
replicate such programs and services under this Act," alter 
"individuals,". 
SEC. 402. PRIORITIES FOR GRANTS AND DISCRETIONARY PROJECTS. 
Section 402 of the Older Americans Act of 1965 (42 U.S.C. 
SOSObb) is amended by adding at the end the following: 
"(d) The Commissioner shall, in developing priorities, consistent 
with the requirements of this title, for awarding grants and entering 
into contracts under this title, consult annually with State agencies, 
area agencies on aging, recipients of grants under title VI, institu-
tions of higher education, organizations representing beneficiaries 
of services under this Act, and other organizations, and individuals, 
with expertise in aging issues. 
"(e) The Commissioner shall ensure that grants and contracts 
awarded imder this title— 
"(1) are evaluated for their benefit to older individuals, 
and to programs under this Act; and 
"(2) comply with the requirements under this Act.". 
SEC. 403. PURPOSES OF EDUCATION AND TRAINING PROJECTS. 
Section 410(3) of the Older Americans Act of 1965 (42 U.S.C. 
3030jj(3)) is amended by inserting ", with particular emphasis on 
attracting minority individuals," after "qualified personnel . 
SEC. 404. GRANTS AND CONTRACTS. 
(a) IN GENERAL.—Section 411(a) of the Older Americans Act 
of 1965 (42 U.S.C. 3031(a)) is amended— 
(1) in paragraph (1) by inserting "gerontology," after 
"(including mental health) care,"; 
(2) in paragraph (2)— 
(A) by inserting "and counseling" after "nutrition"; and 
(B) by inserting ", with special emphasis on using 
culturally sensitive practices" before the period; and 
(3) by adding at the end the following: 
"(5) To provide annually a national meeting to train direc-
tors of programs imder title VI.". 
(b) TRAINING OF SERVICE PROVIDERS.—Section 411 of the Older 
Americans Act of 1965 (42 U.S.C. 3031) is amended by adding 
at the end the following: 
"(e) From amounts appropriated under 431(b), the Commis-
sioner shall make grants and enter into contracts under this part 
to establish and carry out a program \mder which service providers 
(including family physicians, clergy, and other professionals) will 
receive training— 
"(1) comprised of— 
"(A) intensive training regarding normal aging, rec-
ognition of problems of older individuals, and communica-
tion with providers of mental health services; and 
"(B) advanced clinical training regarding means of 
assessing and treating the problems of older individuals; 
"(2) provided by— 
"(A) faculty and graduate students in programs of 
human development and family studies at an institution 
of higher education; 
"(B) mental health professionals; and 
PUBLIC LAW 102-375—SEPT. 30, 1992 
106 STAT. 1245 
"(C) nationally recognized consultants with expertise 
regarding the mental health problems of individuals resid-
ing in rural areas; and 
''(3) held in public hospitsQs throughout each State in which 
the program is carried out.". 
SEC. 406. MULUDISCIPLINARY CENTERS OF GERONTOLOGY. 
Section 412(a) of the Older Americans Act of 1965 (42 U.S.C. 
3032(a)) is amended— 
(1) in the first sentence by inserting "counseling services," 
after "maintenance,"; and 
(2) in paragraph (4) by inserting "socicd work, and psychol-
ogy," after "education,". 
SEC. 406. DEMONSTRATION PROJECTS. 
Section 422 of the Older Americans Act of 1965 (42 U.S.C. 
3035a) is amended— 
(1) in subsection (aX2) by striking "preventive health serv-
ice programs" and inserting "disease prevention and health 
promotion programs (including coordinated multidisciplinary 
research projects on the aging process)"; 
(2) in subsection (b)— 
(A) in paragraph (8) by striking "and" at the end; 
(B) in paragraph (9) by striking "include" and all that 
follows and inserting the following: "include projects fur-
nishing multigenerational services by older individuals 
addressing the needs of children, such as— 
"(A) tutorial services in elementary and special schools; 
"(B) after school programs for latchkey children; and 
"(C) voluntary services for child care and youth day 
care programs;"; and 
(C) by adding at the end the following: 
"(10) meet the service needs of older individuals who pro-
vide uncompensated care to their adult children with disabil-
ities, for supportive services relating to such care, including— 
"(A) respite services; and 
"(B) legal advice, information, and referral services 
to assist such older individuals with permanency planning 
for such children; 
"(11) advance the understanding of the efficacy and benefits 
of providing music therapy, art therapy, or dance-movement 
therapy to older individuals through— 
"(A) projects that— 
"(i) study and demonstrate the provision of music 
therapy, art therapy, or dance-movement therapy to 
older individuals who are institutionalized or at risk 
of being institutionalized; and 
"(ii) provide music therapy, art therapy, or dance-
movement therapy— 
"(I) in nursing homes, hospitals, rehabilitation 
centers, hospices, or senior centers; 
"(II) through disease prevention and health 
promotion services programs established under 
part F of title III; 
"(III) through in-home services programs 
established under part D of title III; 
106 STAT. 1246 
PUBLIC LAW 102-375—SEPT. 30, 1992 
"(IV) through 
multigenerational 
activities 
described in section 307(aX41XB) or subpart 3 of 
parte of title III; 
"(V) through supportive services described in 
section 321(a)(21); or 
"(VI) through disease prevention and health 
promotion services described in section 363(5); and 
"(B) education, training, and information dissemination 
projects, including— 
"(i) projects for the provision of gerontological 
training to music therapists, and education and train-
ing of individuals in the aging network regarding the 
efficacy and benefits of music therapy for older individ-
uals; and 
"(ii) projects for disseminating to the aging net-
work and to music therapists background materials 
*' 
on music therapy, best practice manuals, and other 
information on providing music therapy to older 
individuals; and 
"(12)(A) establish, in accordance with subparagraph (B), 
nationwide, statewide, regional, metropoliten area, county, city, 
or community model volimteer service credit projects to dem-
onstrate methods to improve or expand supportive services 
or nutrition services, or otherwise promote the wellbeing of 
older individuals; 
"(B) for purposes of paying part or all of the cost of develop-
ing or operating the projects, in the fiscal year, make not 
fewer than three and not more than five grants to, or contracts 
with, public agencies or nonprofit private organizations in such 
Stete; and 
"(C) ensure that the projects will be operated in consulte-
tion with the ACTION Agency and will permit older individuals 
who are volunteers to earn, for services furnished, credits that 
may be redeemed later for similar volunteer services."; and 
(3) in subsection (d)(2)— 
(A) by inserting "(A)" after the paragraph designation; 
and 
(B) by adding at the end the following: 
^po^- 
"(B) An agency or organization that receives a grant or enters 
into a contract to carry out a project described in subpara^aph 
(A) or (BXi) of subsection (bXH) shall submit to the Commissioner 
a report conteining— 
"(i) the results, and findings based on the results, of such 
project; and 
"(ii) the recommendations of the agency or organization, 
if the agency or organization provided music therapy, regarding 
means by which music therapy could be made available, in 
an efficient and effective manner, to older individuals who 
would benefit from the therapy.". 
SEC. 407. SPECIAL PROJECTS IN COMPREHENSIVE LONG-TERM CARE. 
(a) IN GENERAL.—Section 423 of the Older Americans Act of 
1965 (42 U.S.C. 3035b) is amended to read as follows: 
•^EC. 423. SPECIAL PROJECTS IN COMPREHENSIVE LONG-TERM 
CARE. 
"(a) DEFINITIGNS.—^As used in this section: 
PUBLIC LAW 102-375—SEPT. 30, 1992 
106 STAT. 1247 
"(1) PROJECT.—^The term 'Project' means a Project to 
Improve the Delivery of Long-Term Care Services. 
"(2) RESOURCE CENTER.—^The term llesource Center* means 
a Resource Center for Long-Term Care. 
"(b) RESOURCE CENTERS.— 
"(1) GRANTS AND CONTRACTS.—^The Commissioner shall 
award grants to, or enter into contracts with, eligible entities 
to support the establishment or operation of not fewer than 
four and not more than seven Resource Centers in accordance 
with paragraph (2). 
"(2) REQUIREMENTS.— 
"(A) FUNCTIONS.—^Each Resource Center that receives 
funds imder this subsection shall, with respect to subjects 
within an area of specialty of the Resource Center— 
"(i) perform research; 
"(ii) provide for the dissemination of results of 
the research; and 
"(iii) provide technical assistance and training to 
State agencies and area agencies on aging. 
"(B) AREA OF SPECIALITY.—For purposes of subpara-
graph (A) the term 'area of speciality* means— 
"(i) Alzheimer's disease and related dementias, and 
other cognitive impairments; 
"(ii) client assessment and case management; 
"(iii) data collection and analysis; 
"(iv) home modification and supportive services to 
enable older individuals to remain in their homes; 
"(v) consolidation and coordination of services; 
"(vi) linkages between acute care, rehabilitative 
services, and long-term c£u:e, facilities and providers; 
"(vii) decisionmaking and bioethics; 
"(viii) supply, training, and quality of long-term 
care personnel, including those who provide rehabihta-
tive services; 
"(ix) rural issues, including barriers to access to 
services; 
"(x) chronic mental illness; 
"(xi) populations with greatest social need and 
populations with greatest economic need, with particu-
lar attention to low-income minorities; and 
"(xii) an area of importance as determined by the 
Commissioner. 
"(c) PROJECTS.—^The Commissioner shall award grants to, or Grants. 
enter into contracts with, eligible entities to support the entities Cont'"acts. 
in establishing and carrying out not fewer than 10 Projects. 
"(d) USE OF FUNDS.— 
"(1) IN GENERAL.—^Except as provided in paragraph (2), 
an eligible entity may use fimds received under a grant or 
contract— 
"(A) described in subsection (bXl) to pay for part or 
all of the cost (including startup cost) of establishing and 
operating a new Resource Center, or of operating a 
Resource Center in existence on the day before the date 
of the enactment of the Older Americans Act Amendments 
of 1992; or 
106 STAT. 1248 
PUBLIC LAW 102-375—SEPT. 30, 1992 
"(B) described in subsection (c) to pay for part or all 
of the cost (including startup cost) of establishing and 
carrying out a Project. 
"(2) REIMBURSABLE DIRECT SERVICES.—None of the funds 
may be used to pay for direct services that are eligible for 
reimbursement under title XVIII, XDC, or XX of the Social 
Security Act (42 U.S.C. 1395 et seq., 1396 et seq., or 1397 
et seq.). 
"(e) PREFERENCE.—In awarding grants, and entering into con-
tracts, imder this section, the Commissioner shall give preference 
to entities that demonstrate that— 
"(1) adequate State standards have been developed to 
ensure the quality of services provided under the grant or 
contract; and 
"(2) the entity has made a commitment to carry out pro-
grams luider the grant or contract with each State agency 
responsible for the administration of title XIX or XX of the 
Social Security Act. 
"(f) APPLICATION.— 
"(1) IN GENERAL.—^To be eligible to receive funds under 
a grant or contract described in subsection (bXD or (c), an 
entity shall submit an application to the Commissioner at such 
time, in such msuiner, and containing such information as 
the Commissioner may require. 
"(2) PROJECT APPLICATION.—^An entity seeking a grant or 
contract under subsection (c) shall submit an application to 
the Commissioner containing, at a minimum— 
"(A) information identifying and describing gaps, weak-
nesses, or other problems in the delivery of long-term care 
services in the State or geographic area to be served by 
the entity, including— 
"(i) duplication of functions in the delivery of such 
services, including duplication at the State and local 
level; 
"(ii) fragmentation of systems, especially in coordi-
nating services to populations of older individuals and 
other populations; 
"(iii) barriers to access for populations with great-
est social need and populations with greatest economic 
need, including minorities and residents of rural areas; 
"(iv) lack of financing for such services; 
"(v) lack of availability of adequately trained 
personnel to provide such services; and 
"(vi) lack of a range of chronic care services (includ-
ing rehabilitative strategies) that promote restoration, 
maintenance, or improvement oi function in older 
individuals; 
"(B) a plan to address the gaps, weaknesses, and prob-
lems described in clauses (i) through (v); and 
"(C) information describing the extent to which the 
entity will coordinate with area agencies on aging and 
service providers in carrying out the proposed Project. 
"(g) ELIGIBLE ENTITIES.— 
"(1) 
RESOURCE CENTERS.—Entities eligible to receive 
grants, or enter into contracts, under subsection (bXD shall 
be— 
"(A) institutions of higher education; and 
PUBLIC LAW 102-375—SEPT. 30, 1992 
106 STAT. 1249 
''(B) other public agencies and nonprofit private 
organizations. 
"(2) PROJECTS.—^Entities eligible to receive grants, or enter 
into contracts, under subsection (c) include— 
"(A) State agencies; and 
"(B) in consultation with State agencies— 
"(i) area agencies on aging; 
"(ii) institutions of higher education; and 
"(iii) other public agencies and nonprofit private 
organizations. 
"(h) REPORT.—^The Commissioner shall include in the annual 
report to the Congress reqmred by section 207, a report on the 
grants awarded, and contracts entered into, under tnis section, 
including— 
"(1) an analysis of the relative effectiveness, and rec-
ommendations for any changes, of the projects of Resource 
Centers funded under subsection (bXD in the fiscal year for 
which the Commissioner is preparing the annual report; £uid 
"(2) an evaluation of the needs identified, the agencies 
utilized, and the effectiveness of the approaches used by projects 
funded under subsection (c). 
"(i) AVAILABIUTY OF FuNDS.—^The Commissioner shall make 
available for carrying out subsection (b) for each fiscal year not 
less than the amount made available in fiscal year 1991 for making 
grants and entering into contracts to establish and operate Resource 
Centers under section 423 as in effect on the day before the date 
of the enactment of the Older Americans Act Amendments of 1992.". 
(b) OBLIGATION.—Not later than 60 days after the date of 
enactment of this Act, the Commissioner shall obligate, from the 
funds appropriated imder section 431(aXl) of the Older Americans 
Act of 1965 (42 U.S.C. 3037(aXl)) for fiscal year 1992— 
(1) not less than the amount described in section 423(i) 
of such Act (42 U.S.C. 3035b(i)) for carrying out section 423(bXl) 
ofsuch Act;and 
(2) such sums as may be necessary for canying out section 
423(c) of such Act. 
SEC. 408. OMBUDSMAN AND ADVOCACY DEMONSTRATION PROJECTS. 
Section 427(a) of the Older Americans Act of 1965 (42 U.S.C. 
3035f(a)) is amended by inserting ", legal assistance agencies," 
after "ombudsman program". 
SEC. 409. DEMONSTRATION PROJECTS FOR MULTIGENERATIONAL 
42 USC 3035h. 
ACTIVITIES. 
Part B of title IV of the Older Americans Act of 1965 (42 
U.S.C. 3034-3035g) is amended by adding at the end the following: 
"SEC. 429. DEMONSTRATION PROJECTS FOR MULTIGENERATIONAL 
ACTIVITIES. 
"(a) GRANTS AND CONTRACTS.—^The Commissioner may award 
grants and enter into contracts with eligible organizations to estab-
lish demonstration projects that provide older individuals with 
multigenerational activities. 
"(b) USE OF FUNDS.—^An eligible organization shall use funds 
made available under a grant awarded, or a contract entered into, 
under subsection (a)— 
106 STAT. 1250 
PUBLIC LAW 102-375—SEPT. 30, 1992 
"(1) to carry out a demonstration project that provides 
miiltigenerational activities, including any professional training 
appropriate to such activities for older individuals; and 
"(2) to evaluate the project in accordance with subsection 
(f). 
"(c) AWARDS.—In awarding grants and entering into contracts 
under subsection (a), the Commissioner shall give preference to— 
"(1) eligible organizations with a demonstrated record of 
canying out multigenerational activities; and 
"(2) eligible organizations proposing projects that will serve 
older individuals with greatest economic need (with particular 
attention to low-income minority individuals). 
"(d) APPLICATION.—^To be eligible to receive a grant or enter 
into a contract under subsection (a), an organization shall submit 
an application to the Commissioner at such time, in such manner, 
and accompanied by such information as the Commissioner may 
reasonably require. 
"(e) ELIGIBLE ORGANIZATIONS.—Organizations eligible to receive 
a grant or enter into a contract under subsection (a) shall be 
organizations that employ, or provide opportunities for, older 
individuals in multigenerational activities. 
"(0 LOCAL EVALUATION AND REPORT.— 
"(1) EVALUATION.—^Each organization receiving a grant or 
a contract under subsection (a) to carry out a demonstration 
project shall evaluate the activities assisted under the project 
to determine the effectiveness of multigenerational activities, 
the impact of such activities on child care and youth day 
care programs, and the impact on older individuals involved 
in such project. 
"(2) REPORT.—^The organization shall submit a report to 
the Commissioner containing the evaluation not later than 
6 months after the expiration of the period for which the 
grant or contract is in effect. 
"(g) REPORT TO CONGRESS.—Not later than 6 months after 
the Commissioner receives the reports described in subsection (fX2), 
the Commissioner shall prepare and submit to the Speaker of 
the House of Representatives and the President pro tempore of 
the Senate a report that assesses the evaluations and includes, 
at a minimimi— 
"(1) the names or descriptive titles of the demonstration 
projects funded imder subsection (a); 
"(2) a description of the nature and operation of the 
projects; 
"(3) the name and address of the individual or govern-
mental entity that conducted the projects; 
"(4) a description of the methods and success of the projects 
in recruiting older individuals as employees and volimteers 
to participate in the project; 
"(5) a description of the success of the projects retaining 
older individuals involved in the projects as employees ana 
as volimteers; and 
"(6) the rate of turnover of older individual employees 
and volunteers in the projects. 
"(h) 
DEFINITION.—A^ 
used in this 
section, the 
term 
'multigenerational activity includes an opportunity to serve as a 
mentor or adviser in a child care program, a youth day care pro-
gram, an educational assistance program, an at-risk youtn interven-
PUBLIC LAW 102-375—SEPT. 30, 1992 
106 STAT. 1251 
tion program, a juvenile delinquency treatment program, or a family 
support program.". 
SEC. 410. SUPPORTIVE SERVICES IN FEDERALLY ASSISTED HOUSING 
DEMONSTRATION PROGRAM. 
Part B of title IV of the Older Americans Act of 1965 (42 
U.S.C. 3034-3035g) (as amended by section 409) is amended by 
adding at the end the following: 
"SEC. 429A. SUPPORTIVE SERVICES IN FEDERALLY ASSISTED HOUS- 42 USC 3035i. 
ING DEMONSTRATION PROGRAM. 
"(a) GRANTS.—^The Commissioner shall award grants to eligible 
agencies to establish demonstration programs to provide services 
described in subsection (b) to older individuals who are residents 
in federally assisted housing (referred to in this section as 
'residents'). 
"(b) USE OF GRANTS.—An eligible agency shall use a grant 
awarded imder subsection (a) to conduct outreach and to provide 
to residents services including— 
"(1) meal services; 
"(2) transportation; 
"(3) personal care, dressing, bathing, and toileting; 
"(4) housekeeping and chore assistance; 
"(5) nonmedical counseling; 
"(6) case management; 
"(7) other services to prevent premature and unnecessary 
institutionalization; and 
"(8) other services provided under this Act. 
"(c) AWARD OF GRANTS.—^The Commissioner shall award grants 
under subsection (a) to agencies in a variety of geographic settings, 
including urban and rural settings. 
"(d) APPLICATION.—^To be eligible to receive a grant under 
subsection (a), an agency shall submit an application to the Commis-
sioner at such time, in such manner, and containing such informa-
tion as the Commissioner may require, including, at a minimum— 
"(1) information demonstrating a lack of, and need for, 
services described in subsection (b) m federally assisted housing 
projects in the geographic area proposed to be served by the 
applicant; 
"(2) a comprehensive plan to coordinate with housing facil-
ity management to provide services to frail older individuals 
who are in danger of premature or imnecessary institutionaliza-
tion; 
"(3) information demonstrating initiative on the part of 
the agency to address the supportive service needs of residents; 
"(4) information demonstrating financial, in-kind, or other 
support available to the applicant from State or local govern-
ments, or from private resources; 
"(5) an assurance that the agency will participate in the 
development of the comprehensive housing ELfTordability strat-
egy under section 105 of the Cranston-Gonzalez National 
Affordable Housing Act (42 U.S.C. 12705) and seek funding 
for supportive services under the Department of Housing and 
Urban Development or the Farmers Home Administration; 
"(6) an assurance that the agency will target services to 
low-income minority older individuals and conduct outreach; 
"(7) an assurance that the agency will comply with the 
guidelines described in subsection (i); and 
106 STAT. 1252 
PUBLIC LAW 102-375—SEPT. 30, 1992 
"(8) a plan to evaluate the eligibility of older individuals 
for services under the federally assisted housing demonstration 
program, which plan shall include a professional assessment 
committee to identify such individuals. 
"(e) ELIGIBLE AGENCIES.—Agencies eligible to receive ^ants 
under this section shall be State agencies and area agencies on 
aging. 
(f) GUIDELINES.—^The Commissioner shall issue guidehnes for 
use by agencies that receive grants under this section— 
(1) regarding the level of frailty that older individuals 
shall meet to be eligible for services under a demonstration 
program established imder this section; and 
"(2) for accepting voluntary contributions from residents 
who receive services under such a program. 
"(g) EVALUATIONS AND REPORTS.— 
"(1) AGENCIES.—^Each agency that receives a grant under 
subsection (a) to establish a demonstration program shall, not 
later than 3 months after the end of the period for which 
the grant is awarded— 
"(A) evaluate the effectiveness of the program; and 
"(B) submit a report conteining the evaluation to the 
Commissioner. 
"(2) COMMISSIONER.—The Commissioner shall, not later 
than 6 months after the end of the period for which the Commis-
sioner awards grants under subsection (a)— 
"(A) evaluate the effectiveness of each demonstration 
program that receives a grant under subsection (a); and 
"(B) submit a report conteining the evaluation to the 
Speaker of the House of Representetives and the President 
pro tempore of the Senate.". 
SEC. 411. NEIGHBORHOOD SENIOR CARE PROGRAM. 
Part B of title IV of the Older Americans Act of 1965 (42 
U.S.C. 3034-3035g) (as amended by the preceding sections) is 
amended by adding at the end the following: 
42 use 3035J. 
«SEC. 429B. NEIGHBORHOOD SENIOR CARE PROGRAM. 
"(a) DEFINITIONS.—^As used in this section: 
"(1) HEALTH AND SOCIAL SERVICES.—The term *health and 
social services' includes skilled nursing care, personal care, 
social work services, homemaker services, health and nutrition 
education, health screening, home health aid services, and 
specialized therapies. 
"(2) VOLUNTEER SERVICES.—^The term Volunteer services* 
includes peer counseling, chore services, help with mail and 
taxes, transportetion, socialization, health and social services, 
and other similar services. 
"(b) SERVICE GRANTS.— 
"(1) IN GENERAL.—^The Commissioner may award grante 
to eligible entities to esteblish neighborhood senior care pro-
grams, in order to encourage professionals to provide volunteer 
services to local residents who are older individuals and who 
might otherwise have to be admitted to nursing homes and 
to hospitals. 
"(2) PREFERENCE.—In awarding grante under this section, 
the Commissioner shall give preference to applicante experi-
enced in operating community programs and programs meeting 
the independent living needs of older individuals. 
PUBLIC LAW 102-375—SEPT. 30, 1992 
106 STAT. 1253 
"(3) ADVISORY BOARD.—The Commissioner shall establish 
Establishment. 
an advisory board to provide guidance to grant recipients 
regarding the neighborhood senior care programs. Not fewer 
than two-thirds of the members of the advisory board shall 
be residents in communities served by the grant recipients. 
**(4) APPLICATION.—^To be eligible to receive a grant under 
this section, an entity shall submit an appUcation to the 
Commissioner at such time, in such manner, and containing 
such information as the Commissioner may reasonably require. 
Each application shall— 
"(A) describe the activities in the program for which 
assistance is sought; 
"(B) describe the neighborhood in which volunteer 
services are to be provided under the program, and a 
plan for integration of volunteer services within the 
neighborhood; 
"(CXi) provide assursinces that nurses, social workers, 
and community volunteers providing volunteer services and 
an outreach coordinator involved with the project live in 
the neighborhood; or 
"(iiXD reasons that it is not possible to provide such 
assurances; and 
"(11) assurances that nurses, social workers, community 
volunteers and the outreach coordinator will be assigned 
repeatedly to the particular neighborhood; and 
"(D) provide for an evaluation of the activities for which 
assistance is sought. 
"(c) TECHNICAL RESOURCE CENTER.—The Commissioner shall. Contracts. 
to the extent appropriations are available, enter into a contract 
with an applicant described in subsection (bX2) to establish a tech-
nical resource center that will— 
"(1) assist the Commissioner in developing criteria for, 
and in awarding grants to communities to estabush, neighbor-
hood senior care organizations that will implement neighbor-
hood senior care programs imder subsection (D); 
"(2) assist commimities interested in establishing such a 
neighborhood senior care program; 
"(3) coordinate the neighborhood senior care programs; 
"(4) provide ongoing analysis of and collection of data on 
the neighborhood senior care programs and provide such data 
to the Commissioner; 
"(5) serve as a liaison to State agencies interested in 
establishing neighborhood senior care programs; and 
"(6) take any further actions as required by regulation 
by the Commissioner.**. 
SEC. 412. INFORMATION AND ASSISTANCE SYSTEMS DEVELOPMENT 
PROJECTS. 
Part B of title IV of the Older Americans Act of 1965 (42 
U.S.C. 3034-3035g) (as amended by the preceding sections) is 
amended by adding at the end the following: 
*nSEC. 429C. INFORMATION AND ASSISTANCE SYSTEMS DEVELOPMENT 
42 USC 3035k. 
PROJECTS. 
"(a) GRANTS.—^The Commissioner may— 
"(1) make grants to State cigencies, and, in consultation 
with State agencies, to area agencies on aging to support the 
106 STAT. 1254 
PUBLIC LAW 102-375—SEPT. 30, 1992 
improvement of information and assistance services, and sys-
tems of services, operated at the State and local levels; and 
"(2) make grants to organizations to provide training and 
technical assistance to State agencies, area agencies on aging, 
and providers of supportive services— 
"(A) to support a national telephone access service 
to inform older mdividuals, families, and caregivers about 
State and local information and assistance services fimded 
under this Act; and 
"(B) to support the improvement of information and 
assistance services, and systems of services, operated at 
the State £uid local levels. 
"(b) APPLICATION.—^To be eligible to receive a grant imder sub-
section (a) an agency or organization shall submit an application 
to the Commissioner at such time, in such manner, and conteining 
such information as the Commissioner may specify. 
"(c) GUIDELINES.—^The Commissioner shall esteblish guidelines 
for the operation of the national telephone access service described 
in subsection (aX2)(A). 
"(d) EVALUATION AND REPORT.— 
"(1) EVALUATION.—The Commissioner shall conduct an 
evaluation of the effectiveness of the national telephone service 
described in subsection (aX2XA) in providing information and 
assistance services to older individuals, families, and caregivers 
about Stete and local information and assistance services. 
"(2) REPORT.—Not later than January 1, 1995, the Commis-
sioner shall submit the evaluation described in paragraph (1) 
to the Speaker of the House of Representatives and the Presi-
dent pro tempore of the Senate.". 
SEC. 413. SENIOR TRANSPORTATION DEMONSTRATION PROGRAM 
GRANTS. 
Part B of title IV of the Older Americans Act of 1965 (42 
U.S.C. 3034-3035g) (as amended by the preceding sections) is 
amended by adding at the end the following: 
42 use 3035/. 
•%EC. 429D. SENIOR TRANSPORTATION DEMONSTRATION PROGRAM 
GRANTS. 
"(a) ESTABLISHMENT.—The Commissioner shall esteblish and 
carry out senior transportetion demonstration programs. In carrying 
out the programs, the Commissioner shall award grants to not 
fewer than five eligible entities for the purpose of improving the 
mobility of older individuals and transportetion services for older 
individuals (referred to in this section as 'senior transportetion 
services'). 
"(b) USE OF FUNDS.—Grante made under subsection (a) may 
be used to— 
"(1) develop innovative approaches for improving access 
by older individuals to supportive services under part B of 
title III, nutrition services under part C of title III, health 
care, and other importent services; 
"(2) develop comprehensive and integrated senior transpor-
tetion services; and 
"(3) leverage additional resources for senior transportetion 
services by— 
"(A) coordinating various transportetion services; and 
"(B) coordinating various funding sources for transpor-
tetion services, including— 
PUBLIC LAW 102-375—SEPT. 30, 1992 
106 STAT. 1255 
"(i) sources of assistance under— 
"(I) sections 9, 16(bX2), and 18 of the Urban 
Mass Transportation Act of 1964 (49 U.S.C. App.); 
and 
"(II) titles XIX and XX of the Social Security 
Act (42 U.S.C. 1396 et seq. and 1397 et seq.); 
and 
"(ii) State and local sources. 
"(c) AWARD OF GRANTS.— 
"(1) PREFERENCE.—In awarding grants under subsection 
(a), the Commissioner shall give preference to entities that— 
"(A) demonstrate special needs for enhancing senior 
transportation services and resources for the services 
within the geographic area served by the entities; 
"(B) establish plans to ensure that senior transpor-
tation 
services are coordinated with general 
public 
transportation services and other specialized transportation 
services; 
"(C) demonstrate the ability to utilize the broadest 
range of available transportation and community resources 
to provide senior transportation services; 
"(D) demonstrate the capacity and willingness to 
coordinate senior transportation services with services pro-
vided luider title III and with general public transportation 
services and other specialized transportation services; and 
"(E) establish plans for senior transportation dem-
onstration programs designed to serve the special needs 
of low-income, rural, frail, and other at-risk, transit-
dependent older individuals. 
"(2) RURAL ENTITIES.—^The Conunissioner shall award not 
less than 50 percent of the grants authorized under this section 
to entities located in, or primarily serving, rural areas. 
"(d) APPLICATION.—^An entity that seeks a grant under this 
section shall submit an application to the Commissioner at such 
time, in such manner, and containing such information as the 
Commissioner may require, including at a minimum— 
"(1) information describing senior transportation services 
for which the entity seeks assistance; 
"(2) a comprehensive strategy for developing a coordinated 
transportation 
system or leveraging 
additional 
funding 
resources, to provide senior trcmsportation services; 
"(3) information describing the extent to which the 
applicant intends to coordinate the services of the applicant 
vfith the services of other transportation providers; 
"(4) a plan for evaluating the effectiveness of the proposed 
senior transportation demonstration program and preparing 
a report containing the evaluation to be submitted to the 
Commissioner; and 
"(5) such other information as may be required by the 
Commissioner. 
"(e) ELIGIBLE ENTITIES.—Entities eligible to receive grants 
under this section shall be— 
"(1) State agencies; 
"(2) area agencies on aging; and 
"(3) other public agencies and nonprofit organizations. 
"(f) REPORT.— 
106 STAT. 1256 
PUBLIC LAW 102-375—SEPT. 30, 1992 
"(1) PREPARATION.—^The Commissioner shall prepare, either 
directly or through grants or contracts, annual reports on the 
senior transportation demonstration programs established 
under this section. The reports shall contain an assessment 
of the effectiveness of eacn demonstration project and rec-
ommendations regarding legislative, administrative, and other 
initiatives needed to improve the access to and effectiveness 
of transportation services for older individuals. 
"(2) SUBMISSION.—The Commissioner shall submit the 
report described in paragraph (1) to the Speaker of the House 
of Representatives and the President pro tempore of the 
Senate.". 
SEC. 414. RESOURCE CENTERS ON NATIVE AMERICAN ELDERS. 
Part B of title IV of the Older Americans Act of 1965 (42 
U.S.C. 3034-3035g) (as amended by the preceding sections) is 
amended by adding at the end the following: 
Grants. 
<«EC. 429E. RESOURCE CENTERS ON NATIVE AMERICAN ELDERS. 
42 use 303501. 
"(a) E
S
T
A
B
L
I
S
H
M
E
N
T
.
—
^
T
h
e Commissioner shall make grants 
or enter into contracts with not fewer than two and not more 
than four eligible entities to establish and operate Resource Centers 
on Native American Elders (referred to in this section as 'Resoiirce 
Centers'). The Commissioner shall make such grants or enter into 
such contracts for periods of not less than 3 years. 
"(b) FUNCTIONS.— 
"(1) IN G
E
N
E
R
A
L
.
—
^
E
a
c
h Resource Center that receives 
funds under this section shall— 
"(A) gather information; 
"(B) perform research; 
"(C) provide for the dissemination of results of the 
research; and 
"(D) provide technical assistance and training to enti-
ties that provide services to Native Americans who are 
older individuals. 
"(2) AREAS OF CONCERN.—In conducting the functions 
described in paragraph (1), a Resource Center shall focus on 
priority areas of concern for the Resource Centers regarding 
Native Americans who are older individuals, which areas shall 
be— 
"(A) health problems; 
"(B) long-term care, including in-home C
£
u
*
e
; 
"(C) elder abuse; and 
"(D) other problems and issues that the Commissioner 
determines are of particular importance to Native Ameri-
cans who are older mdividuals. 
"(c) PREFERENCE.—^In awarding grants and entering into con-
tracts under subsection (a), the Commissioner shall give preference 
to institutions of higher education that have conducted research 
on, and assessment of, the characteristics and needs of Native 
Americans who are older individuals. 
"(d) CONSULTATION.—In determining the type of information 
to be sought from, and activities to be performed by. Resource 
Centers, the Commissioner shall consult with the Associate 
Commissioner on American Indian, Alaskan Native, and Native 
Hawaiian Aging and with national organizations with special exper-
tise in serving Native Americans who are older individuals. 
PUBLIC LAW 102-375—SEPT. 30, 1992 
106 STAT. 1257 
"(e) EUGIBLE ENTITIES.—Entities eligible to receive a grant 
or enter into a contract under subsection (a) shall be institutions 
of higher education with experience conducting research and assess-
ment on the needs of older individueds. 
"(f) REPORT TO CONGRESS.—^The Commissioner, with assistance 
from each Resource Center, shall prepare and submit to the Speaker 
of the House of Representatives and the President pro tempore 
of the Senate an annual report on the status and needs incluoing 
the priority areas of concern of Native Americans who are older 
individuals.". 
SEC. 416. DEMONSTRATION 
PROGRAMS FOR OLDER 
INDIVIDUALS 
WITH DEVELOPMENTAL DISABILITIES. 
Part B of title IV of the Older Americans Act of 1965 (42 
U.S.C. 3034-3035g) (as amended by the preceding sections) is 
amended by adding at the end the following: 
'^EC. 429F. DEMONSTRATION PROGRAMS FOR OLDER INDIVIDUALS Grants. 
WITH DEVELOPMENTAL DISABIUTIES. 
42 USC 3035n. 
"(a) DEFINITION.—^As used in this section: 
"(1) DEVELOPMENTAL DISABIUTY.—The term 'developmental 
disability* has the meaning given the term in section 102(5) 
of the Developmental Disabilities Assistance and Bill of Rights 
Act (42 U.S.C. 6001(5)). 
"(2) IN-HOME SERVICE.—The term 'in-home service' has the 
meaning given the term in section 342. 
"(b) ESTABLISHMENT.—^The Commissioner shall make grants 
to State agencies to provide services in accordance with subsection 
(c). 
"(c) USE OF FUNDS.—^A State agency may use a grant awarded 
luider subsection (b) to provide services for older individuals with 
developmental disabilities, and for older individuals with caretaker 
responsibilities for developmentally disabled children, including— 
"(1) child care and youth day care programs; 
"(2) programs to integrate the individuals into existing 
programs for older individuals; 
"(3) respite care; 
"(4) transportation to multipurpose senior centers and other 
facilities and services; 
"(5) supervision; 
"(6) renovation of multipurpose senior centers; 
"(7) provision of materials to facilitate activities for older 
individuals with developmental disabilities, and for older 
individuals with caretaker responsibilities for developmentally 
disabled children; 
"(8) training of State agency, area agency on aging, volun-
teer, and multipurpose senior center staff, and other service 
providers, who work with such individuals; and 
"(9) in-home services. 
"(d) APPLICATION.—^To be eligible to receive a grant under this 
section, a State agency shall submit an application to the Commis-
sioner at such time, in such manner, and containing such informa-
tion as the Commissioner may require.". 
SEC. 416. HOUSING DEMONSTRATION PROGRAMS. 
Part B of title JV of the Older Americans Act of 1965 (42 
U.S.C. 3034-3035g) (as amended by the preceding sections) is 
amended by adding at the end the following: 
106 STAT. 1258 
PUBLIC LAW 102-375—SEPT. 30, 1992 
42 use 3035o. 
"SEC. 429G. HOUSING DEMONSTRATION PROGRAMS. 
"(a) HOUSING OMBUDSMAN DEMONSTRATION PROGRAMS.— 
"(1) GRANTS.—^The Commissioner shall award grants to 
eligible agencies to establish housing ombudsman programs. 
"(2) USE OF GRANTS.—^An eligible agency shall use a grant 
awarded under paragraph (1) to— 
''(A) provide the services described in subparagraph 
(B) through— 
'Xi) professional and volunteer staff to older 
individuals who are— 
"(I) participating in federally assisted and 
other publicly assisted housing programs; or 
"(II) seeking Federal, State, and local housing 
programs; and 
(iiXI) the State Long-Term Care Ombudsman pro-
gram under section 307(aX 12) or section 712; 
"(II) a legal services or assistance organization 
or through an organization that provides both legal 
and other social services; 
"(III) a public or not-for-profit social services 
agency; or 
"(IV) an agency or organization concerned with 
housing issues but not responsible for publicly assisted 
housing. 
"(B) establish a housing ombudsman program that pro-
vides 
information, 
advice, 
and 
advocacy 
services 
including— 
(i) direct assistance, or referral to services, to 
* 
resolve complaints or problems; 
"(ii) provision of information regarding available 
housing 
programs, 
eligibility, 
reqmrements, 
and 
application processes; 
"(iii) counseling or assistance with financial, social, 
* 
familial, or other related matters that may £iffect or 
be influenced by housing problems; 
"(iv) advocacy related to promoting— 
i 
"(I) the rights of tne older individuals who 
are residents in publicly assisted housing pro-
grams; and 
"(II) the quality and suitability of housing in 
the programs; and 
"(v) assistance with problems related to housing 
regarding— 
(I) threats of eviction or eviction notices; 
"(II) older building; 
"(III) functional impairments as the impair-
ments relate to housing; 
"(IV) unlawful discrimination; 
"(V) regulations of the Department of Housing 
and Urban Development and the Farmers Home 
Administration; 
"(VI) disabilitv issues; 
"(VII) intimidation, harassment, or arbitrary 
management rules; 
"(VIII) grievance procedures; 
"(IX) certification and recertification related 
to programs of the Department of Housing and 
PUBLIC LAW 102-375—SEPT. 30, 1992 
106 STAT. 1259 
Urban Development and the Farmers Home 
Administration; and 
"(X) issues related to transfer from one project 
or program to another; and 
"(3) AWARD OF GRANTS.—The Commissioner shall award 
grants under paragraph (1) to agencies in rural, urban, and 
other settings. 
"(4) APPLICATION.—^To be eligible to receive a grant under 
paragraph (1), an agency shall submit an application to the 
Commissioner at such time, in such manner, and containing 
such information as the Commissioner may require, including, 
at a minimtmi— 
"(A) an assurance that the agency will conduct training 
of professional and volunteer stan who will provide services 
through the housing ombudsmem demonstration program; 
"(B) in the case of an application submitted by an 
area agency on aging, an endorsement of the program 
b
^
r the State agencv serving the State in which the program 
will be estabUshed, and an assurance by the State agency 
that the agency will work with the area agency in canying 
out the program; and 
"(C) a plan to involve in the demonstration program 
the Secretary of the Department of Housing and Ih-ban 
Development, the Administrator of the Farmers Home 
Administration, any individusd or entity described in para-
graph (2XA) through which the agency intends to provide 
the services, and other agencies involved in publicly 
assisted housing programs. 
"(5) ELIGIBLE AGENCIES.—Agencies eligible to receive grants 
under this section shall include— 
"(A) State agencies; 
"(B) area agencies on aging; and 
"(C) other nonprofit entities, including providers of 
services under the State Long-Term Care Ombudsman pro-
gram and the elder rights and legal assistance development 
program described in chapters 2 and 4, respectively, of 
subtitle A of title VIL 
"(b) FORECLOSURE AND EVICTION ASSISTANCE AND REUEF SERV-
ICES DEMONSTRATION PROGRAMS.— 
"(1) GRANTS.—^The Commissioner shall make grants to 
States to carry out demonstration programs to develop methods 
or implement laws— 
"(A) to prevent or delay the foreclosure on housing 
owned and occupied by older individuals or the eviction 
of older individuals from housing the individuals rent; 
"(B) to obtain alternative housing as a resiilt of such 
foreclosure or eviction; and 
"(C) to assist older individuals to imderstand the rights 
and obligations of the individuals under laws relating to 
housing ownership and occupancy. 
"(2) NOTIFICATION PROCESS.—A State that receives a grant 
imder paragraph (1) shall establish methods, including a 
notification process— 
"(A) to assist older individuals who are incapable of, 
or have difficulty in, understanding the circumstances and 
consequences of foreclosure on or eviction from housing 
the individuals occupy; and 
106 STAT. 1260 
PUBLIC LAW 102-375—SEPT. 30, 1992 
"(B) to coordinate the program for which such grant 
is received with the activities of tenant organizations, ten-
ant-landlord mediation organizations, public housing enti-
ties, and area agencies on aging, to provide more effectively 
assistance or referral to services to relocate or prevent 
eviction of older individuals from housing the individuals 
occupy. 
"(c) EVALUATIONS AND REPORTS.— 
"(1) AGENCIES.—^Each agency or State that receives a grant 
under subsection (a) or (b) to establish a demonstration program 
shall, not later than 3 months after the end of the period 
for which the grant is awarded— 
"(A) evaluate the efiTectiveness of the prog[ram; and 
"(B) submit a report containing the evaluation to the 
Commissioner. 
"(2) COMMISSIONER.—The Commissioner shall, not later 
than 6 months after the end of the period for which the Commis-
sioner awards a grant imder subsection (a) or (b)— 
"(A) evaluate the effectiveness of each demonstration 
program that receives the grant; and 
"(B) submit a report containing the evaluation to the 
Spe£iker of the House of Representatives and the President 
pro tempore of the Senate.". 
SEC. 417. PRIVATE RESOURCE ENHANCEMENT PROJECTS. 
Part B of title IV of the Older Americans Act of 1965 (42 
U.S.C. 3034-3035g) (as amended by the preceding sections) is 
amended by adding at the end the following: 
42 use 3035p. 
"SEC. 429H. PRIVATE RESOURCE ENHANCEMENT PROJECTS. 
"(a) GRANTS.— 
"(1) IN GENERAL.—^The Commissioner may make grants 
to, and enter into contracts with, State agencies and area 
agencies on siging, to carry out demonstration projects that 
generate non-Feoeral resources (including cash and in-kind 
contributions), in order to increase resources available to pro-
vide additional services under title III. 
"(2) MAINTENANCE OF RESOURCES.—^Resources generated 
with a grant made, or contract entered into, under subsection 
(a) shall be in addition to, and may not be used to supplant, 
any resource that is or would otherwise be available under 
any Federal, State, or local law to a State, State agency, area 
agency on aging, or unit of general purpose local government 
(as defined in section 302(2)) to provide such services. 
"(3) USE OF RESOURCES.—Resources generated with a grant 
made, or a contract entered into, under subsection (a) shall 
be used to provide supportive services in accordance with title 
III. The requirements imder this Act that apply to funds 
received imaer title III by Stetes to carry out title III shall 
apply with respect to such resources. 
"(b) AWARD OF GRANTS AND CONTRACTS.— 
"(1) REGIONAL DISTRIBUTION.—The Commissioner shall 
ensure that States and area agencies on aging in all standard 
Federal regions of the United Stetes, esteblished by the Office 
of Management and Budget, receive grante and contracte under 
subsection (a) on an equitable basis. 
"(2) DISTRIBUTION BASED ON NEED.—-Within such regions, 
the Commissioner shall give preference to applicante that pro-
PUBLIC LAW 102-375—SEPT. 30, 1992 
106 STAT. 1261 
vide services under title III in geographical areas that contcdn 
a large number of older individuals with greatest economic 
need or older individuals with greatest social need. 
"(c) MONITORING.—^The Commissioner shall monitor how— 
"(1) grants are expended, and contracts are carried out, 
under subsection (a); £uid 
"(2) resources generated under such grants and contracts 
are expended, 
to ensure compliance with this section.". 
SEC. 418. CAREER PREPARATION FOR THE FIELD OF AGING. 
Part B of title IV of the Older Americans Act of 1965 (42 
U.S.C. 3034-3035g) (as amended by the preceding sections) is 
amended by adding at the end the following: 
"SEC. 4291. CAREER PREPARATION FOR THE FIELD OF AGING. 
42 USC 3035q. 
"(a) GRANTS.—^The Commissioner shall make grants to institu-
tions of higher education, historicallv black colleges or universities, 
Hispanic Centers of Excellence in Applied Gerontology, and other 
educational institutions that serve the needs of minority students, 
to provide education and training to prepare students for careers 
in uie field of aging. 
"(b) DEFINITIONS.—For purposes of subsection (a): 
"(1) HISPANIC CENTER OF EXCELLENCE IN APPUED GERON-
TOLOGY.—^The term 'Hispanic Center of Excellence in Applied 
(jrerontology* means an institution of higher education with 
a program in appUed gerontology that— 
"(A) has a significant number of Hispanic individuals 
enrolled in the program, including individuals accepted 
for enrollment in the program; 
"(B) has been effective in assisting Hispanic students 
of the program to complete the program and receive the 
degree involved; 
"(C) has been effective in recruiting Hispanic individ-
uals to attend the program, including providing scholar-
ships and other financial assistance to such individuals 
and encouraging Hispanic students of secondary edu-
cational institutions to attend the program; and 
"(D) has made significant recruitment efforts to 
increase the number and placement of Hispanic individuals 
serving in faculty or administrative positions in the pro-
gram. 
"(2) HISTORICALLY BLACK COLLEGE OR UNIVERSITY.—The 
term liistorically black college or university has the meaning 
given the term 'part B institution' in section 322(2) of the 
Higher Education Act of 1965 (20 U.S.C. 1061(2)). 
SEC. 419. PENSION INFORMATION AND COUNSELING DEMONSTRA-
TION PROJECTS. 
Part B of title IV of the Older Americans Act of 1965 (42 
U.S.C. 3034-3035g) (as amended by the preceding sections) is 
amended by adding at the end the following: 
"SEC. 429J. PENSION RIGHTS DEMONSTRATION PROJECTS. 
42 USC 3035r. 
"(a) DEFINITIONS.—As used in this section: 
"(1) PENSION RIGHTS INFORMATION PROGRAM.—The term 
'pension rights information 
program' means a program 
described in subsection (c). 
106 STAT. 1262 
PUBLIC LAW 102-375—SEPT. 30, 1992 
"(2) PENSION AND OTHER RETIREMENT BENEFITS.—^The term 
'pension and other retirement benefits' means private, civil 
service, and other public pensions and retirement benefits, 
including benefits provided imder— 
"(A) the Social Security program under title II of the 
Social Security Act (42 U.S.C. 401 et seq.); 
"(B) the railroad retirement program under the Rail-
road Retirement Act of 1974 (45 U.S.C. 231 et seq.); 
"(C) the government retirement benefits programs 
under the Civil Service Retirement System set foith in 
chapter 83 of title 5, United States Code, the Federal 
Employees Retirement System set forth in chapter 84 of 
title 5, United States Code, or other Federal retirement 
systems; or 
"(D) the Employee Retirement Income Security Act 
(29 U.S.C. 1001 et seq.). 
"(b) ESTABLISHMENT.—The Commissioner shall estabUsh and 
carry out pension rights demonstration projects. 
"(c) PENSION RIGHTS INFORMATION PROGRAMS.— 
Grants. 
"(1) USE OF FUNDS.—^In canying out the projects specified 
in subsection (b), the Commissioner shall, to the extent appro-
priations are available, award grants to six eligible entities 
to establish programs to provide outreach, information, counsel-
ing, referral, and assistance regarding pension and other retire-
ment benefits, and rights related to such benefits. 
"(2) AWARD OF GRANTS.— 
"(A) TYPE OF ENTITY.—^The Commissioner shall award 
under this subsection— 
"(i) four grants to State agencies or area agencies 
on aging; and 
"(ii) two grants to nonprofit organizations with 
a proven record of providing— 
"(I) services related to retirement of older 
individuals; or 
"(II) specific pension rights counseUng. 
"(B) PANEL.—^In awarding grants imder this subsection, 
the Commissioner shall use a citizen advisory panel that 
shall include representatives of business, labor, national 
senior advocates, and national pension rights advocates. 
"(C) CRITERIA.—^In awarding grants under this sub-
section, the Commissioner, in consultation with the panel, 
shall use as criteria— 
"(i) evidence of commitment of an agency or 
organization to carry out a proposed pension rights 
information pro-am; 
"(ii) the ability of the agency or organization to 
perform effective outreach to affected populations, 
particularly populations identified as in need of special 
outreach; and 
"(iii) reliable information that the population to 
be served by the agency or organization has a demon-
strable need for the services proposed to be provided 
under the program. 
"(3) APPUCATION.— 
"(A) IN GENERAL.—^To be eligible to receive a grant 
under this subsection, an entity shall submit an application 
to the Commissioner at such time, in such manner, and 
PUBLIC LAW 102-375—SEPT. 30, 1992 
106 STAT. 1263 
containing such information as the Commissioner may 
require, including, at a minimum— 
"(i) a plan for the establishment of a pension rights 
information program to serve a specific geographic 
area; and 
"(ii) an assiu'ance that staff members (including 
volunteer staff members) have no conflict of interest 
in providing the services described in the plan. 
"(B) PLAN.—^The plan described in paragraph (1) shall 
provide for a program that— 
"(i) establishes a State or area pension rights 
information center; 
"(ii) provides counseling (including direct counsel-
ing and assistance to individuals needing information) 
and information 
that may assist individuals 
in 
establishing rights to, obtaining, and filing claims or 
complaints related to, pension and other retirement 
benefits; 
"(iii) provides information on sources of pension 
and other retirement benefits, including the benefits 
under programs described in subsection (aXD; 
"(iv) makes referrals to legal services and other 
advocacy programs; 
"(v) establishes a system of referral to State, local, 
and Federal departments or agencies related to pension 
and other retirement benefits; 
"(vi) provides a sufficient number of staff positions 
(including volunteer positions) to ensure information, 
counseling, referral, and assistance regarding pension 
and other retirement benefits; 
"(vii) provides training programs for staff mem-
bers, including volunteer staff members of the pro-
grams described in subsection (aXD; 
"(viii) makes recommendations to the Administra-
tion, the Department of Labor and other local. State, 
and Federal agencies concerning issues for older 
individuals related to pension and other retirement 
benefits; and 
"(ix) establishes an outreach program to provide 
information, 
counseling, 
referral, 
and 
assistance 
regarding pension and other retirement benefits, with 
particular emphasis on outreach to women, minorities, 
and low-income retirees. 
"(d) TRAINING PROGRAM.— 
"(1) USE OF FUNDS.—^In carrying out the projects described Grants. 
in subsection (b), the Commissioner shall, to the extent appro-
priations are available, award a grant to an eligible entity 
to establish a training program to provide— 
"(A) information to the staffs of entities operating pen-
sion rights information programs; and 
"(B) assistance to the entities and assist such entities 
in the design of program evaluation tools. 
"(2) ELIGIBLE ENTITY.—Entities eligible to receive grants 
under this subsection include nonprofit private organizations 
with records of providing national information, referral, and 
advocacy in matters related to pension and other retirement 
benefits. 
106 STAT. 1264 
PUBLIC LAW 102-375—SEPT. 30, 1992 
"(3) APPLICATION.—^To be eligible to receive a grant irnder 
this subsection, an entity shall submit an application to the 
Commissioner at such time, in such manner, and containing 
such information as the Commissioner may require. 
"(e) DURATION.—^The Commissioner may award grants under 
subsection (c) or (d) for periods not to exceed 18 months. 
"(0 REPORT TO CONGRESS.— 
"(1) PREPARATION.—^The Commissioner shall prepare a 
report that— 
"(A) simunarizes the distribution of funds authorized 
for grants under this section and the expenditure of such 
funds; 
"(B) summarizes the scope and content of training 
and assistance provided under a program ccuried out under 
this section and the degree to which the training and 
assistance can be replicated; 
"(C) outlines the problems that individuals participat-
ing in programs funded under this section encoimtered 
concermng rights related to pension and other retirement 
benefits; and 
"(D) makes recommendations regarding the manner 
in which services provided in programs funded under this 
section can be incorporated into the ongoing programs of 
State agencies, area agencies on aging, multipurpose senior 
centers, and other similar entities. 
"(2) SUBMISSION.—Not later than 30 months after the date 
of the enactment of this section, the Commissioner shall submit 
the report described in parap'aph (1) to the Committee on 
Education and Labor of tne House of Representatives and the 
Committee on Labor and Human Resources of the Senate. 
"(g) ADMINISTRATIVE EXPENSES.—Of the fimds appropriated 
imder section 431(aXl) to carry out this section for a fiscal year, 
not more than $100,000 may be used by the Administration for 
administrative expenses in carrying out this section.". 
SEC. 420. AUTHORIZATION OF APPROPRIATIONS. 
Section 431 of the Older Americans Act of 1965 (42 U.S.C. 
3037) is amended by striking subsections (a) and (b) and inserting 
the following 
"(a)(1) There are authorized to be appropriated to carry out 
the provisions of this title (other than the provision specified in 
subsection (b)) $72,000,000 for fiscal year 1992, and such sums 
as may be necessary for fiscal years 1993,1994, and 1995. 
"(2) Not less than 1 percent of the amount appropriated under 
paragraph (1) for each fiscal year shall be made available to carry 
out section 202(d). 
"(b) There are authorized to be appropriated to carry out section 
411(e), $450,000 for each of fiscal years 1992, 1993, 1994, and 
1995.". 
SEC. 421. PAYMENTS OF GRANTS FOR DEMONSTRATION PROJECTS. 
Section 432(c) of the Older Americans Act of 1965 (42 U.S.C. 
3037a(c)) is amended by striking "unless the Commissionei^ and 
all that follows and inserting "unless the Commissioner— 
"(1) consults with the State agency prior to issiiing the 
grant or contract; and 
"(2) informs the State agency of the purposes of the grant 
or contract when the grant or contract is issued.". 
PUBLIC LAW 102-375—SEPT. 30, 1992 
106 STAT. 1265 
SEC. 422. RESPONSmiUnES OF COMMISSIONER. 
Section 433 of the Older Americans Act of 1965 (42 U.S.C. 
3037b) is amended— 
(1) by amending subsection (b) to read as follows: 
"(bXl) Not later than January 1 following each fiscal year, Reports. 
the Commissioner shall submit, to the Speaker of the House of 
Representatives and the President pro tempore of the Senate, a 
report for such fiscal year that describes each project and each 
program— 
"(A) for which funds were provided under this title; and 
"(B) that was completed in the fiscal year for which such 
report is prepared. 
"(2) Such report shall contain— 
''(A) the name or descriptive title of each project or progrcun; 
"(B) the name and address of the indiviaual or govern-
mental entity that conducted such project or program; 
"(C) a specification of the period throughout which such 
project or program was conducted; 
"(D) the identity of each source of fiinds expended to carry 
out such project or program and the amount of fiinds provided 
by each such source; 
"(E) an abstract describing the natiire and operation of 
such project or program; and 
"(F) a bibliography identifying all published information 
relating to such project or program. ; and 
(2) by adding at the end the following: 
"(cXl) The Commissioner shall establish by regulation and Regulations 
implement a process to evaluate the results of projects and programs 
carried out under this title. 
"(2) The Commissioner shall— 
"(A) make available to the pubUc each evaluation carried 
out under paragraph (1); and 
"(B) use such evaluation to improve services delivered, 
or the operation of projects and programs carried out, under 
this Act.*. 
Public 
information. 
TITLE V—COMMUNITY SERVICE 
EMPLOYMENT FOR OLDER AMERICANS 
SEC. 501. OLDER AMERICAN COMMUNITY SERVICE EMPLOYMENT 
PROGRAM. 
Section 502 of the Older American Commimity Service Employ-
ment Act (42 U.S.C. 3056) is amended— 
(1) in subsection (a) by inserting "and who have poor 
emplojrment prospects" after *
*
o
r older"; 
(2) in subsection (bXl)— 
(A) in subparagraph (M) by inserting ", and eligible 
individuals who have greatest economic need, at least" 
afi^er "individuals"; 
(B) by redesignating subparagraphs (N) and (O) as 
subparagraphs (O) and (P), respectively; and 
(C) by inserting after subparagraph (M) the following: 
"(NXi) will prepare an assessment of— 
"(I) the participants' skills and talents; 
"(II) their need for supportive services; and 
59-194 0—93 
13 : QL 3 (Pt. 2) 
106 STAT. 1266 
PUBLIC LAW 102-375—SEPT. 30, 1992 
"(III) their physical capabilities; 
except to the extent such project has, for the particular partici-
pant involved, an assessment of such skills and talents, such 
need, or such capabilities prepared recently pursuant to another 
employment or training program (such as a program under 
the Job Training Partnership Act (29 U.S.C. 1501 et seq.) 
or the Carl D. Perkins Vocational and Applied Technology 
Education Act (20 U.S.C. 2301 et seq.)); 
"(ii) will provide to eligible individuals training and employ-
ment counseling based on strategies that identify appropriate 
employment objectives and the need for supportive services, 
developed as a result of the assessment provided for in clause 
(i); and 
"(iii) will provide counseling to participants on their 
progress in meeting such objectives and satisfying their need 
for supportive services;"; 
(3) in subsection (c)(lXB) by striking "Director of the Office 
of Community Services of the Department" and inserting "Sec-
retary"; 
(4) in subsection (dXl) by striking "within a State such 
organization or program sponsor shall submit to the State 
agency on aging" and inserting "within a planning and service 
area in a State such organization or program sponsor shall 
conduct such project in consultation with the area agency on 
aging of the planning and service area and shall submit to 
the State agency and the area agency on aging"; and 
(5) in subsection (eX2)— 
(A) in the matter preceding subparagraph (A)— 
(i) by striking "Not" and all that follows through 
"1981, the" and inserting "The"; and 
(ii) by inserting ", and amend from time to time," 
after "issue"; 
(B) in subparagraph (A) by striking "and" at the end; 
(C) in subparagraph (B) by striking the period at the 
end and inserting "; and"; and 
(D) by adding at the end the following: 
"(C) require the coordination of projects carried out 
imder such agreements, with the programs carried out 
under section 124 of the Job Training Partnership Act 
(29 U.S.C. 1534).". 
SEC. S02. COORDINATION. 
(a) INCREASING JOB OPPORTUNITIES.—Section 503(a) of the 
Older American Community Service Employment Act (42 U.S.C. 
3056a(a)) is amended— 
(1) by redesignating paragraphs (1) through (3) as subpara-
graphs (A) through (C), respectively; 
(2) by inserting "(1)" after the subsection designation; and 
(3) by adding at the end the following: 
"(2) The Secretary of Labor and the Commissioner shall coordi-
nate the programs under this title and the programs under titles 
III, IV, and VI to increase job opportunities available to older 
individuals.". 
(b) COORDINATION OF ADMINISTRATION.—^The first sentence of 
section 503(bXl) of the Older American Community Service Employ-
ment Act (42 U.S.C. 3056a(bXl)) is amended— 
/ 
PUBLIC LAW 102-375—SEPT. 30, 1992 
106 STAT. 1267 
(1) by striking "ir and all that follows through "authorized 
to", and inserting "The Secretary shall"; 
(2) by inserting after the first sentence the following: "The 
Secretary shall coordinate the administration of this title with 
the administration of titles III, IV, and VI by the Commissioner, 
to increase the likelihood that eligible individuals for whom 
employment opportunities under this title are available and 
who need services imder such titles receive such services."; 
and 
(3) by adding at the end the following: "The preceding 
sentence shall not be construed to prohibit carrying out projects 
under this title jointly with programs, projects, or activities 
under any Act specifiea in such sentence.". 
SEC. 503. INTERAGENCY COOPERATION. 
Section 505 of the Older American Community Service Employ-
ment Act (42 U.S.C. 3056b) is amended— 
(1) in subsection (a) by striking "of the Administration 
on Aging"; and 
(2) by adding at the end the following: 
"(dXl) The Secretary shall promote and coordinate carr3dng 
out projects luider this title jointly with programs, projects, or 
activities under other Acts that provide training and employment 
opportunities to eUgible individuals. 
"(2) The Secretary shall consult vdth the Secretary of Education 
to promote and coordinate carrying out projects under this title 
jointly with emplo3rment and training pro-ams in which eligible 
individuals may participate that are earned out under the Carl 
D. Perkins Vocational and Applied Technology Education Act (20 
U.S.C. 2301 et seq.).". 
SEC. 504. EQUITABLE DISTRIBUTION OF ASSISTANCE. 
(a) ALLOCATION.—Paragraphs (1) and (2) of section 506(a) of 
the Older American Commiuiity Service Employment Act (42 U.S.C. 
3056d(a)) are amended to read as follows: 
"(IXA) Subject to subparagraph (B) and paragraph (2), firom 
sums appropriated under this title for each fiscal year, the Secretary 
shall first reserve such sums as may be necessary for national 
grants or contracts with pubUc agencies and public or nonprofit 
private organizations to maintain the level of activities carried 
on under such grants or contracts at least at the level of such 
activities supported under this title and under any other provision 
of Federal law relating to community service employment programs 
for older Americans in fiscal year 1978. 
"(B)(iXI) For each fiscal year in which the simis appropriated 
under this title exceed the amount appropriated under this title 
for fiscal year 1978, the Secretary shall reserve not more than 
45 percent of such excess, except as provided in subclause (II), 
to carry out clauses (ii), (iii), and (v). 
"(II) The Secretary shall reserve a sum sufficient to carry 
out clauses (iii) and (v). 
"(Ill) The Secretary in awarding grants and contracts imder 
this paragraph from the sum reserved under this paragraph shall, 
to the extent feasible, assure an equitable distribution of activities 
imder such grants and contracts designed to achieve the allotment 
among the States described in paragraph (3) of this subsection. 
"(ii) The Secretary shall reserve such sums as may be necessary 
for national grants or contracts with public or nonprofit national 
42 u s e 3056c. 
Grants. 
Contracts. 
106 STAT. 1268 
PUBLIC LAW 102-375—SEPT. 30, 1992 
Indian aging organizations with the ability to provide employment 
services to older Indians and with national public or nonprofit 
Pacific Island and Asian American aging organizations with the 
ability to provide emplojrment services to older Pacific Island and 
Asian Americans. 
"(iii) If the amount appropriated under this title for a fiscal 
year exceeds 102 percent of the amount appropriated under this 
title for fiscal year 1991, for each fiscal year described in clause 
(iv), the Secretary shall reserve for recipients of national grants 
and contracts under this paragraph such portion of the excess 
amount as the Secretary determines to be appropriate and is— 
"(I) at least 25 percent of the excess amount; or 
"(11) the portion required to increase the amoimt made 
available imder this paragraph to each of the recipients so 
that the amount equals 1.3 percent of the amount appropriated 
under this title for fiscal year 1991. 
"(iv) From the portion reserved under clause (iii), the Secretary 
shall increase the amount made available under this paragraph 
to each of the recipients— 
"(I) for each fiscal year before the fiscal year described 
in subclause (II), so that such amount equals, or more closely 
approaches, such 1.3 percent; and 
"(II) for the first fiscal year for which the portion is suffi-
cient to make available under this paragraph to each of the 
recipients the amount equal to such 1.3 percent, so that such 
amount is not less than such 1.3 percent. 
"(v) For each fiscal year after the fiscal year described in 
clause (ivXII), the Secretary shall make available under this para-
graph to each of the recipients an amoimt not less than such 
1.3 percent. 
"(C) Preference in awarding grants and contracts under this 
paragraph shall be given to national organizations, and agencies, 
of proven ability in providing employment services to eligible 
individuals under this program and similar pro-ams. The Sec-
retary, in awarding grants and contracts under this section, shall, 
to the extent feasible, assure an equitable distribution of activities 
under such grants and contracts, in the aggregate, among the 
States, taking into account the needs of imderserved States, subject 
to subparagraph (BXiXIID* 
"(2XA) From sums appropriated under this title for each fiscal 
year after September 30, 1978, the Secretary shall reserve an 
amount which is at least 1 percent and not more than 3 percent 
of the amount appropriated in excess of the amount appropriated 
for fiscal year 1978 for the purpose of entering into agreements 
under section 502(e), relating to improved transition to private 
emplojrment. 
"(B) After the Secretary makes the reservations required bv 
paragraph (IXB) and subparagraph (A), the remainder of such 
excess shall be allotted to the appropriate public agency of each 
State pursuant to paragraph (3).". 
(b) APPORTIONMENT WITHIN STATES.—Section 506(c) of the 
Older American Community Service Employment Act (42 U.S.C. 
3056d(c)) is amended— 
(1) by striking "and (2)" and inserting "(2)"; and 
(2) by inserting before the period at the end the following: 
", and (3) the relative distribution of (A) such individuals who 
are individuals with greatest economic need, (B) such individ-
PUBLIC LAW 102-375—SEPT. 30, 1992 
106 STAT. 1269 
uals who are minority individuals, and (C) such individuals 
who are individuals with greatest social need", 
(c) TECHNICAL AND CONFORMING AMENDMENTS.— 
(1) Section 502(cXl), paragraphs (3) and (4) of section 
506(a), and section 507(1) of the (jlder American Community 
Service Employment Act (42 U.S.C. 3056(cXl), 3056d(a) (3) 
and (4), and 3056e(l)) are amended by striking "per centum" 
each place the term appears and inserting "percent". 
(2) Section 502(eXl) of the Older American Community 
Service Employment Act (42 U.S.C. 3056(eXl)) is amended 
by striking "506(aXlXB)" and inserting "506(aX2XA)". 
(3) Section 5()6(aX4XB) of the Older American Community 
Service Employment Act (42 U.S.C. 3056d(aX4XB)) is amended 
by striking ^ m " and inserting "the Secretary". 
SEC. SOS. AUTHORIZATION OF APPROPRIATIONS. 
Section 508(a) of the Older American Community Service 
Employment Act (42 U.S.C. 3056f(a)) is amended— 
(1) by striking paragraph (1) and inserting the following: 
"(1) $470,671,000 for fiscal year 1992, and such sums as 
may be necessary for fiscal years 1993, 1994, and 1995; and"; 
(2) in paragraph (2) by striking "62,500" and inserting 
"70,000"; and 
(3) by striking "clause" and inserting "paragraph". 
SEC. S06. DUAL EUGIBILITY. 
The Older American Conmiunity Service Emplo3nnent Act (42 
U.S.C. 3056-3056g) is amended by adding at the end the following: 
"SEC. SIO. DUAL ELIGIBILITY. 
42 USC 3056h. 
"In the case of projects under this title carried out jointly 
with programs carried out under the Job Training Partnership 
Act, eligible individuals shall be deemed to satisfy the requirements 
of section 203 of such Act (29 U.S.C. 1603) that are applicable 
to adults.". 
SEC. S07. TREATMENT OF ASSISTANCE PROVIDED UNDER THE OLDER 
AMERICAN COMMUNITY SERVICE EMPLOYMENT ACT. 
The Older American Commimity Service Employment Act (42 
U.S.C. 3056-3056g), as amended by section 506, is amended by 
adding at the end uie following: 
"SEC. 511. TREATMENT OF ASSISTANCE. 
42 USC 30561. 
"Assistance furnished imder this title shall not be construed 
to be financial assistance described in section 245A(hXlXA) of the 
Immigration and Nationality Act (8 U.S.C. 1255a(hXlXA)).". 
TITLE VI—GRANTS FOR NATIVE 
AMERICANS 
SEC. 601. APPUCATIONS BY TRIBAL ORGANIZATIONS. 
Section 614(a) of the Older Americans Act of 1965 (42 U.S.C. 
3057e(a)) is amended— 
(1) in paragraph (10) by striking "and" at the end; 
(2) in paragraph (11) by striking the period at the end 
and inserting "; and"; and 
(3) by adding at the end the following: 
106 STAT. 1270 
PUBLIC LAW 102-375—SEPT. 30, 1992 
"(12) contain assurances that the tribal organization will 
coordinate services provided under this part with services pro-
vided under title III in the same geographical area.". 
SEC. 602. DISTRIBUTION OF FUNDS AMONG TRIBAL ORGANIZATIONS. 
Title VI of the Older Americans Act of 1965 (42 U.S.C. 3056 
et seq.) is amended by inserting after section 614 the following: 
42 use 3057e-l. 
"SEC. 614A. DISTRIBUTION OF FUNDS AMONG TRIBAL ORGANIZA-
TIONS. 
"(a) MAINTENANCE of 1991 AMOUNTS.—Subject to the availabil-
ity of appropriations to cany out this part, the amoimt of the 
grant (it any) made under tnis part to a tribal organization for 
nscal year 1992 and for each subsequent fiscal year shall be not 
less than the amount of the grant made under this part to the 
tribsd organization for fiscal year 1991. 
"(b) USE OF ADDITIONAL AMOUNTS APPROPRIATED.—If the funds 
appropriated to carry out this part in a fiscal year subsequent 
to fiscal year 1991 exceed the funds appropriated to carry out 
this part in fiscal year 1991, then the amount of the grant (if 
any) made under this part to a tribal organization for the subse-
quent fiscal year shall be— 
"(1) increased by such amoimt as the Commissioner consid-
ers to be appropriate, in addition to the amount of any increase 
required by subsection (a), so that the grant equals or more 
closely approaches the amount of the grant made under this 
part to the tribal organization for fiscal year 1980; or 
"(2) an amount the Commissioner considers to be sufficient 
if the tribal organization did not receive a grant under this 
part for either fiscal year 1980 or fiscal year 1991.". 
SEC. 603. APPLICATIONS 
BY 
ORGANIZATIONS 
SERVING 
NATIVE 
HAWAIIANS. 
Section 624(aX3) of the Older Americans Act of 1965 (42 U.S.C. 
3057j(aX3)) is amended by inserting "and with the activities carried 
out under title III in the same geographical area" before the semi-
colon at the end. 
SEC. 604. DISTRIBUTION OF FUNDS AMONG ORGANIZATIONS. 
Title VI i
D
f the Older Americans Act of 1965 (42 U.S.C. 3057 
et seq.) is amended by inserting after^ section 624 the following: 
42 use 3057J-1. 
"SEC. 624A. DISTRIBUTION OF FUNDS AMONG ORGANIZATIONS. 
"Subject to the availability of appropriations to carry out this 
part, the amount of the grant (if any) made under this part to 
an organization for fiscal year 1992 and for each subsequent fiscal 
year shall be not less than the amount of the grant made imder 
this part to the organization for fiscal year 1991.". 
SEC. 606. AUTHORIZATION OF APPROPRIATIONS. 
Section 633 of the Older Americans Act of 1965 (42 U.S.C. 
3057n) is amended to read as follows: 
"AUTHORIZATION OF APPROPRIATIONS 
"SEC. 633. (a) There are authorized to be appropriated 
$30,000,000 for fiscal year 1992 and such sums as may be necessary 
for fiscal years 1993, 1994, and 1995, to carry out this title (other 
than section 615). 
PUBLIC LAW 102-375—SEPT. 30, 1992 
106 STAT. 1271 
''(b) Of the amount appropriated under subsection (a) for each 
fiscal year— 
"(1) 90 percent shall be available to carry out part A; 
and 
"(2) 10 percent shall be available to carry out part B.". 
TITLE VII—VULNERABLE ELDER 
RIGHTS PROTECTION ACTIVITIES 
SEC. 701. ALLOTMENTS FOR VULNERABLE ELDER RIGHTS PROTEC-
TION ACTIVITIES. 
The Older Americans Act of 1965 (42 U.S.C. 3001 et seq.) 
is amended by adding at the end the following: 
"TITLE VII—ALLOTMENTS FOR VULNER-
ABLE ELDER RIGHTS PROTECTION 
ACTIVITIES 
"Subtitle A—State Provisions 
"CHAPTER 1-^ENERAL STATE PROVISIONS 
"SEC. 701. ESTABUSHMENT. 
42 USC 3058. 
"The Commissioner, acting through the Administration, shall 
establish and carry out a program for making allotments to States 
to pay for the cost of carrying out vulnerable elder rights protection 
activities. 
"SEC. 702. AUTHORIZATION OF APPROPRIATIONS. 
42 USC 3058a. 
"(a) OMBUDSMAN PROGRAM.—There are authorized to be appro-
priated to carry out chapter 2, $40,000,000 for fiscal year 1992 
and such sums as may be necessary for fiscal years 1993, 1994, 
and 1995. 
"(b) PREVENTION OF ELDER ABUSE, NEGLECT, AND EXPLOI-
TATION.—^There are authorized to be appropriated to carry out chap-
ter 3, $15,000,000 for fiscal year 1992 and such sums as may 
be necessary for fiscal years 1993,1994, and 1995. 
"(c) STATE ELDER RIGHTS AND LEGAL ASSISTANCE DEVELOPMENT 
PROGRAM.—^There are authorized to be appropriated to carry out 
chapter 4, $10,000,000 for fiscal year 1992 and such sums as may 
be necessary for fiscal years 1993, 1994, and 1995. 
"(d) 
OUTREACH, COUNSELING, AND ASSISTANCE PROGRAM.— 
There are authorized to be appropriated to carry out chapter 5, 
$15,000,000 for fiscal year 1992 and such sums as may be necessary 
for fiscal years 1993,1994, and 1995. 
"SEC. 703. ALLOTMENT. 
42 USC 3058b. 
"(a) IN GENERAL.— 
"(1) POPULATION.—In canying out the program described 
in section 701, the Commissioner shall initially allot to each 
State, from the fimds appropriated imder section 702 for each 
fiscal year, an amount that bears the same ratio to the funds 
as the population of older individuals in the State bears to 
the population of older individuals in all States. 
106 STAT. 1272 
PUBLIC LAW 102-375—SEPT. 30, 1992 
"(2) MINIMUM ALLOTMENTS.— 
"(A) IN GENERAL.—^Afler making the initial allotments 
described in paragraph (1), the Commissioner shall adjust 
the allotments on a pro rata basis in accordance with 
subparagraphs (B) and (C). 
"(B) GENERAL MINIMUM ALLOTMENTS.— 
"(i) MINIMUM ALLOTMENT FOR STATES.—No State 
shall be allotted less than one-half of 1 percent of 
the funds appropriated under section 702 for the fiscal 
year for whicn the determination is made. 
"(ii) 
MINIMUM ALLOTMENT FOR TERRITORIES.— 
Guam, the United States Virgin Islands, and the Trust 
Territory of the Pacific Islands, shall each be allotted 
not less than one-fourth of 1 percent of the funds 
appropriated under section 702 for the fiscal year for 
which the determination is made. American Samoa 
and the Commonwealth of the Northern Mariana 
Islands shall each be allotted not less than one-six-
teenth of 1 percent of the sum appropriated under 
section 702 for the fiscal year for which the determina-
tion is made. 
"(C) 
MINIMUM ALLOTMENTS FOR OMBUDSMAN AND 
ELDER ABUSE PROGRAMS.— 
"(i) OMBUDSMAN PROGRAM.—NO State shall be 
allotted for a fiscal year, from the funds appropriated 
under section 702(a), less than the amoimt allotted 
to the State under section 304 in fiscal year 1991 
to carry out the State Long-Term Care Ombudsman 
program under title III. 
"(ii) ELDER ABUSE PROGRAMS.—NO State shall be 
allotted for a fiscal year, from the funds appropriated 
under section 702(b), less than the amount allotted 
to the State luider section 304 in fiscal year 1991 
to carry out programs with respect to the prevention 
of elder abuse, neglect, and exploitation under title 
III. 
"(D) DEFINITION.—For the purposes of this paragraph, 
the term 'State' does not include Guam, American Samoa, 
the United States Virgin Islands, the Trust Territory of 
the Pacific Islands, and the Commonwealth of the Northern 
Mariana Islands. 
"(b) REALLOTMENT.— 
"(1) IN GENERAL.—If the Commissioner determines that 
any amount allotted to a State for a fiscal year under this 
section will not be used by the State for carndng out the 
purpose for which the allotment was made, the (Jommissioner 
shall make the amoimt available to a State that the Commis-
sioner determines will be able to use the amoiint for carrying 
out the purpose. 
"(2) AVAILABILITY.—^Any amoimt made available to a State 
from an appropriation for a fiscal year in accordance with 
paragraph (1) shall, for purposes of this subtitle, be regarded 
as part of the allotment of the State (as determined under 
subsection (a)) for the year, but shall remain available until 
the end of the succeeding fiscal year. 
"(c) WITHHOLDING.—If the Commissioner finds that any State 
has failed to carry out this title in accordance with the assurances 
PUBLIC LAW 102-375—SEPT. 30, 1992 
106 STAT. 1273 
made and description provided under section 705, the Commissioner 
shall withhold the allotment of fimds to the State. The Commis-
sioner shall disburse the fimds withheld directly to any public 
or nonprofit private institution or organization, agency, or political 
subdivision of the State submitting an approvedf plan containing 
the assurances and description. 
•«EC. 704. ORGANIZATION. 
42 USC 3058c. 
"In order for a State to be eligible to receive allotments under 
this subtitle— 
"(1) the State shall demonstrate eligibility under section 
305; 
"(2) the State agency designated by the State shall dem-
onstrate compliance with the applicable requirements of section 
305; and 
"(3) each area agency on aging designated by the State 
agency and participating in such a program shall demonstrate 
compliance with the applicable requirements of section 305. 
'nSEC. 705. ADDITIONAL STATE PLAN REQUIREMENTS. 
42 USC 3058d. 
"(a) ELIGIBILITY.—In order to be eligible to receive an allotment 
under this subtitle, a State shall include in the State plan submitted 
imder section 307— 
"(1) an assurance that the State, in carrjdng out any chap-
ter of this subtitle for which the State receives funding under 
this subtitle, will establish programs in accordance with the 
requirements of the chapter and this chapter; 
"(2) an assurance tnat the State will hold public hearings, 
and use other means, to obtain the views of older individuals, 
area agencies on aging, recipients of grants under title VI, 
and other interested persons and entities regarding programs 
carried out under this subtitle; 
"(3) an assurance that the State, in consultation with area 
agencies on aging, will identify and prioritize statewide activi-
ties aimed at ensuring that older individuals have access to, 
and assistance in securing and maintaining, benefits and rights; 
"(4) an assurance that the State will use funds made avail-
able under this subtitle for a chapter in addition to, and will 
not supplant, any funds that are expended under any Federal 
or State law in existence on the day before the date of the 
enactment of this subtitle, to carry out the vulnerable elder 
rights protection activities described in the chapter; 
"(5) an assurance that the State will place no restrictions, 
other than the requirements referred to in clauses (i) through 
(iv) of section 712(aX5XC), on the eligibility of entities for 
designation as local Ombudsman entities under section 
712(aX5); 
"(6) an assurance that, with respect to programs for the 
prevention of elder abuse, neglect, and exploitation under chap-
ter 3— 
"(A) in carrying out such programs the State agency 
will conduct a program of services consistent with relevant 
State law and coordinated with existing State adult protec-
tive service activities for— 
"(i) public education to identify and prevent elder 
abuse; 
"(ii) receipt of reports of elder abuse; 
106 STAT. 1274 
PUBLIC LAW 102-375—SEPT. 30, 1992 
"(iii) active participation of older individuals 
participating in programs tinder this Act through out-
reach, conferences, and referral of such individuals 
to other social service agencies or sources of assistance 
if appropriate and if the individuals to be referred 
consent; and 
"(iv) referral of complaints to law enforcement or 
public protective service agencies if appropriate; 
"(B) the State will not permit involimtary or coerced 
participation in the program of services described in 
subparagraph (A) by alleged victims, abusers, or their 
households; and 
Privacy. 
"(C) all information gathered in the course of receiving 
reports and making referrals shall remain confidential 
except— 
"(i) if all parties to such complaint consent in writ-
ing to the release of such information; 
"(ii) if the release of such information is to a law 
enforcement agency, public protective service agency, 
licensing or certification agency, ombudsman program, 
or protection or advocacy system; or 
"(iii) upon court order; 
**(7) an assurance that the State agency— 
"(A) from funds appropriated under section 702(d) for 
chapter 5, will make ftuids available to eligible area agen-
cies on aging to carry out chapter 5 and, in distributing 
such funds among eligible area agencies, will give priority 
to area agencies on aging based on— 
"(i) the number of older individuals with greatest 
economic need, and older individuals with greatest 
social need, residing in their respective planning and 
service areas; and 
"(ii) the inadequacy in such areas of outreach 
activities and application assistance of the t3rpe speci-
fied in chapter 5; 
"(B) will require, as a condition of eligibility to receive 
funds to carry out chapter 5, an area agency on aging 
to submit an application that— 
"(i) describes the activities for which such funds 
are sought; 
"(ii) provides for an evaluation of such activities 
by the area agency on aging; and 
"(iii) includes assurances that the area agency on 
aging will prepare and submit to the State agency 
a report of the activities conducted with funds provided 
under this pcuragraph and the evaluation of such activi-
ties; 
"(C) will distribute to area agencies on aging— 
**(i) the eligibility information received under sec-
tion 202(aX20) from the Administration; and 
"(ii) information, in written form, explaining the 
requirements for eligibility to receive medical assist-
ance imder title XIX of the Social Security Act (42 
U.S.C. 1396 et seq.); and 
Reports. 
"(D) will submit to the Commissioner a report on the 
evaluations required to be submitted under subparagraph 
(B);and 
PUBLIC LAW 102-375—SEPT. 30, 1992 
106 STAT. 1275 
"(8) a description of the maimer in which the State agency 
will carry out this title in accordance with the assurances 
described in paragraphs (1) through (7). 
"(b) PRIVILEGE.—^Neither a State, nor a State agency, may 
require any provider of legal assistance under this subtitle to reveal 
any information that is protected by the attorney-client privilege. 
"SEC. 706. DEMONSTRATION PROJECTS. 
42 USC 3058e. 
"(a) ESTABLISHMENT.—From amounts made available under sec-
tion 304(d)(1)(C) after September 30, 1992, each State may provide 
for the establishment of at least one demonstration project, to 
be conducted by one or more area agencies on aging within the 
State, for outreach to older individuals with greatest economic 
need with respect t o ^ 
"(1) benefits available under title XVI of the Social Security 
Act (42 U.S.C. 1381 et seq.) (or assistance under a State pro-
gram established in accordance with such title); 
"(2) medical assistance available under title XIX of such 
Act (42 U.S.C. 1396 et seq.); and 
"(3) benefits available imder the Food Stamp Act of 1977 
(7 U.S.C. 2011 et seq.). 
"(b) BENEFITS.—^Each outreach project carried out under sub-
section (a) shall— 
"(1) provide to older individuals with greatest economic 
need information and assistance regarding their eligibility to 
receive the benefits and assistance described in paragraphs 
(1) through (3) of subsection (a); 
"(2) be carried out in a plemning and service area that 
has a high proportion of older individuals with greatest 
economic need, relative to the aggregate number of older 
individuals in such area; and 
"(3) be coordinated with State and local entities that admin-
ister benefits under such titles.". 
SEC. 702. OMBUDSMAN PROGRAMS. 
Title VII of the Older Americans Act of 1965 (as added by 
section 701 of this Act) is amended by adding at the end the 
following: 
**CHAPTER 2—OMBUDSMAN PROGRAMS 
"SEC. 711. DEFXNinONS. 
42 USC 3058f. 
"As used in this chapter: 
"(1) OFFICE.—^Tiie term 'Office' means the office established 
in section 712(aXl)(A). 
"(2) OMBUDSMAN.—The term 'Ombudsman' means the 
individual described in section 712(aX2). 
"(3) LOCAL OMBUDSMAN ENTITY.—The term local Ombuds-
man 
entity' means 
an entity designated 
under 
section 
712(aX5XA) to carry out the duties described in section 
712(aX5XB) with respect to a planning and service area or 
other substate area. 
"(4) PROGRAM.—^The term 'program' means the State Long-
Term Care Ombudsman 
program established in 
section 
712(aXlXB). 
"(5) REPRESENTATIVE.—^The term 'representative' includes 
an employee or volunteer who represents an entity designated 
106 STAT. 1276 
PUBLIC LAW 102-375—SEPT. 30, 1992 
under section 712(aX5XA) and who is individually designated 
by the Ombudsman. 
"(6) RESIDENT.—^The term 'resident' means an older individ-
ual who resides in a long-term care facility. 
42 use 3058g. 
*«£€. 712. STATE LONG-TERM CARE OMBUDSMAN PROGRAM. 
"(a) ESTABUSHMENT.— 
"(1) IN GENERAL.—In order to be eligible to receive an 
allotment under section 703 from funds appropriated under 
section 702(a), a State agency shall, in accordance with this 
section— 
''(A) establish and operate an Office of the State Long-
Term Care Ombudsman; and 
"(B) carry out through the OfEice a State Long-Term 
Care Ombudsman program. 
"(2) OMBUDSMAN.—The Office shall be headed bv an 
individual, to be known as the State Long-Term Care Ombuds-
man, who shall be selected from among individuals with exper-
tise and experience in the fields of long-term care and advocacy. 
"(3) FUNCTIONS.—^The Ombudsman shall serve on a full-
time basis, and shall, personally or through representatives 
of the Office— 
"(A) identify, investigate, and resolve complaints that— 
''(i) are made by, or on behalf of, residents; and 
"(ii) relate to action, inaction, or decisions, that 
may adversely affect the health, safety, welfare, or 
rights of the residents (including the welfare and rights 
of the residents with respect to the appointment and 
activities of guardians and representative payees), of— 
"(I) providers, or representatives of providers, 
of long-term care services; 
"(II) public agencies; or 
"(III) health and social service agencies; 
"(B) provide services to assist the residents in protect-
ing the health, safety, welfare, and rights of the residents; 
"(C) inform the residents about means of obtaining 
services provided by providers or agencies described in 
subparagraph (AXii) or services described in subparagraph 
(B); 
"(D) ensure that the residents have regular and timely 
access to the services provided through the Office and 
that the residents and complainants receive 
timely 
responses from representatives of the Office to complaints; 
"(E) represent the interests of the residents before 
governmental agencies and seek administrative, legal, and 
other remedies to protect the health, safety, welfare, and 
rights of the residents; 
"(F) provide administrative and technical assistance 
to entities designated under paragraph (5) to assist the 
entities in participating in the program; 
"(GXi) analyze, comment on, and monitor the develop-
ment and implementation of Federal, State, and local laws, 
regulations, and other governmental policies and actions, 
that pertain to the health, safety, welfare, and rights of 
the residents, with respect to the adequacy of long-term 
care facilities and services in the State; 
PUBLIC LAW 102-375—SEPT. 30, 1992 
106 STAT. 1277 
"(ii) recommend any changes in such laws, regulations, 
policies, and actions as the Office determines to be appro-
priate; and 
"(iii) facilitate public comment on the laws, regulations, 
policies, and actions; 
"(HXi) provide for training representatives of the Office; 
"(ii) promote the development of citizen organizations, 
to participate in the program; and 
"(iii) provide technical support for the development 
of resident and family coimcils to protect the well-being 
and rights of residents; and 
"(I) carry out such other activities as the Commissioner 
determines to be appropriate. 
"(4) CONTRACTS AND ARRANGEMENTS.— 
"(A) IN GENERAL.—^Except as provided in subparagraph 
(B), the State agency may establish and operate the Office, 
and carry out the program, directly, or by contract or 
other arrangement vdth any public agency or nonprofit 
private organization. 
"(B) 
LICENSING AND CERTIFICATION ORGANIZATIONS; 
ASSOCIATIONS.—^The Stete agency may not enter into the 
contract or other arrangement described in subparagraph 
(A) with— 
"(i) an agency or organization that is responsible 
for licensing or certifying long-term care services in 
the Stete; or 
"(ii) an association (or an affiliate of such an 
association) of long-term care facilities, or of any other 
residential facilities for older individuals. 
"(5) DESIGNATION OF LOCAL OMBUDSMAN ENTITIES AND REP-
RESENTATIVES.— 
"(A) DESIGNATION.—In carrying out the duties of the 
Office, the Ombudsman may designate an entity as a local 
Ombudsman entity, and may designate an employee or 
volunteer to represent the entity. 
"(B) DUTIES.—^An individual so designated shall, in 
accordance with the policies and procedures esteblished 
by the Office and the Stete agency— 
"(i) provide services to protect the health, safety, 
welfare £uid righto of residento; 
"(ii) ensure that residents in the service area of 
the entity have regular, timely access to represente-
tives of the program and timely responses to com-
plaints and requests for assistance; 
"(iii) identify, investigate, and resolve complaints 
made by or on behalf of residents that relate to action, 
inaction, or decisions, that may adversely affect the 
health, safety, welfare, or rights of the residents; 
"(iv) represent the interests of residents before 
government agencies and seek administrative, legal, 
and other remedies to protect the health, safety, wel-
fare, and rights of the residents; 
"(vXD review, and if necessary, comment on any 
existing and proposed laws, regulations, and other 
government policies and actions, that pertein to the 
rights and well-being of residento; and 
106 STAT. 1278 
PUBLIC LAW 102-375—SEPT. 30, 1992 
"(11) facilitate the ability of the public to comment 
on the laws, regulations, policies, and actions; 
"(vi) support the development of resident and fam-
ily coimcils; and 
"(vii) carry out other activities that the Ombuds-
man determines to be appropriate. 
"(C) ELIGIBIUTY FOR DESIGNATION.—Entities eligible 
to be designated as local Ombudsman entities, and individ-
uals eligible to be designated as representatives of such 
entities, shall— 
"(i) have demonstrated capability to carry out the 
responsibilities of the Office; 
"(ii) be free of conflicts of interest; 
"(iii) in the case of the entities, be public or non-
profit private entities; and 
"(iv) meet such additional requirements as the 
Ombudsman may specify. 
"(D) POUCIES AND PROCEDURES.— 
"(i) IN GENERAL.—The State agency shall establish, 
in accordance with the Office, policies and procedures 
for monitoring local Ombudsman entities designated 
to carry out the duties of the Office. 
"(ii) POLICIES.—In a case in which the entities 
are grantees, or the representatives are employees, 
of area agencies on aging, the State agency shall 
develop the policies in consultation with the area agen-
cies on aging. The policies shall provide for participa-
tion and comment by the agencies and for resolution 
of concerns with respect to case activity. 
"(iii) 
CONFIDENTIALITY 
AND 
DISCLOSURE.—The 
State agency shall develop the policies and procedures 
in accordance with all provisions of this subtitle regard-
ing confidentiality and conflict of interest. 
"(b) PROCEDURES FOR ACCESS.— 
"(1) IN GENERAL.—^The State shall ensure that representa-
tives of the Office shall have— 
"(A) access to long-term care facilities and residents; 
"(BXi) appropriate access to review the medical and 
socialrecordsof a resident, if— 
"(I) the representative has the permission of the 
resident, or the legal representative of the resident; 
or 
"(II) the resident is unable to consent to the review 
and has no legal representative; or 
"(ii) access to the records as is necessary to investigate 
a complaint if— 
"(I) a legal guardian of the resident refuses to 
give the permission; 
" 
"(II) a representative of the Office has reasonable 
cause to believe that the guardian is not acting in 
the best interests of the resident; and 
"(III) the representative obtains the approval of 
the Ombudsman; 
"(C) access to the administrative records, policies, and 
documents, to which the residents have, or the general 
public has access, of long-term care facilities; and 
PUBLIC LAW 102-375—SEPT. 30, 1992 
106 STAT. 1279 
''(D) access to and, on request, copies of all licensing 
and certification records maintained by the State with 
respect to long-term care facilities. 
"(2) PROCEDURES.—^The State agency shall establish proce-
dures to ensure the access described in paragraph (1). 
"(c) REPORTING SYSTEM.—The State agency shall establish a 
statewide uniform reporting svstem to— 
"(1) collect and analyze data relating to complaints and 
conditions in long-term care facilities and to residents for the 
purpose of identifying and resolving significant problems; and 
"(2) submit the data, on a regular basis, to— 
"(A) the agency of the State responsible for licensing 
or certifying long-term care facilities in the State; 
"(B) other State and Federal entities that the Ombuds-
man determines to be appropriate; 
"(C) the Commissioner; and 
"(D) the National Ombudsman Resource Center estab-
lished in section 202(a)(21). 
"(d) DISCLOSURE.— 
"(1) IN GENERAL.—^The State agency shall establish proce-
dures for the disclosure by the Ombudsman or loc£d Ombuds-
man entities of files maintained by the program, including 
records described in subsection (b)(1) or (c). 
"(2) IDENTITY OF COMPLAINANT OR RESIDENT.—The proce-
dures described in paragraph (1) shall— 
"(A) provide that, subject to subparagraph (B), the 
files and records described in paragraph (1) may be dis-
closed only at the discretion of the Ombudsman (or the 
person designated by the Ombudsman to disclose the files 
and records); and 
"(B) prohibit the disclosure of the identity of any 
complainant or resident with respect to whom the Office 
maintains such files or records imless— 
"(i) the complainant or resident, or the legal rep-
resentative of the complainant or resident, consents 
to the disclosure and the consent is given in writing; 
"(iiXI) the complainant or resident gives consent 
orally; and 
"(II) the consent is documented contemporeuieously 
in a writing made by a representative oi the Office 
in accordance with such requirements as the State 
agency shall establish; or 
"(iii) the disclosure is required by court order. 
"(e) CONSULTATION.—In planning and operating the program, 
the State agency shall consider the views of area agencies on 
aging, older individuals, and providers of long-term care. 
"(f) CONFLICT OF INTEREST.—The State agency shall— 
"(1) ensure that no individual, or member of the immediate 
family of an individual, involved in the designation of the 
Ombudsman (whether by appointment or otherwise) or the 
designation of an entity designated imder subsection (aX5), 
is subject to a conflict of interest; 
"(2) ensure that no officer or employee of the Office, rep-
resentative of a local Ombudsman entity, or member of the 
immediate family of the officer, employee, or representative, 
is subject to a conflict of interest; 
"(3) ensure that the Ombudsman— 
106 STAT. 1280 
PUBLIC LAW 102-375—SEPT. 30, 1992 
"(A) does not have a direct involvement in the hcensing 
or certification of a long-term care facility or of a provider 
of a long-term care service; 
"(B) does not have an ownership or investment interest 
(represented by equity, debt, or other financial relationship) 
in a long-term care facility or a long-term care service; 
"(C) is not employed by, or participating in the manage-
ment of, a long-term care racility; and 
"(D) does not receive, or have the right to receive, 
directly or indirectly, remimeration (in cash or in kind) 
under a compensation arrangement with an owner or 
operator of a long-term care facility; and 
"(4) establish, and specify in writing, mechanisms to iden-
tify and remove conflicts of interest referred to in paragraphs 
(1) and (2), and to identify and eliminate the relationships 
described in subparagraphs (A) through (D) of paragraph (3), 
including such mechanisms as— 
"(A) the methods by which the State agency will exam-
ine individuals, and immediate family members, to identify 
the conflicts; and 
"(B) the actions that the State agency will require 
the individuals and such family members to take to remove 
such conflicts. 
"(g) LEGAL COUNSEL.—The State agency shall ensure that— 
"(1)(A) adequate legal coimsel is available, and is able, 
without conflict of interest, t o ^ 
"(i) provide advice and consultation needed to protect 
the health, safety, welfare, and rights of residents; and 
"(ii) assist the Ombudsman and representatives of the 
Office in the performance of the ofncial duties of the 
Ombudsman and representatives; and 
"(B) legal representation is provided to any representative 
of the Office against whom suit or other legal action is brought 
or threatened to be brought in connection with the performance 
of the ofRcial duties of the Ombudsman or such a representa-
tive; and 
"(2) the Office pursues administrative, legal, and other 
appropriate remedies on behalf of residents. 
"(h) ADMINISTRATION.—The State agency shall require the 
Office to— 
Reports. 
"(1) prepare an annual report— 
"(A) describing the activities carried out by the Office 
in the year for which the report is prepared; 
"(B) containing and analyzing the data collected under 
subsection (c); 
"(C) evaluating the problems experienced by, and the 
complaints made by or on behalf of, residents; 
"(D) containing recommendations for— 
"(i) improving quality of the care and life of the 
residents; and 
"(ii) protecting the health, safety, welfare, and 
rights of the residents; 
"(EXi) analyzing the success of the program including 
success in providing services to residents of board and 
care facilities and other similar adult care facilities; and 
"(ii) identifjdng barriers that prevent the optimal oper-
ation of the program; and 
PUBLIC LAW 102-375—SEPT. 30, 1992 
106 STAT. 1281 
**(F) providing policy, regulatory, and legislative rec-
ommendations to solve identified problems, to resolve the 
complaints, to improve the quality of care and life of resi-
dents, to protect the health, safety, welfare, and rights 
of residents, and to remove the barriers; 
''(2) analyze, comment on, and monitor the development 
and implementation of Federal, State, and local laws, regula-
tions, and other government policies and actions that pertain 
to long-term care facilities and services, and to the health, 
safety, welfare, and rights of residents, in the State, and rec-
ommend any changes in such laws, regulations, and policies 
as the Office determines to be appropriate; 
"(3XA) provide such information as the Office determines 
to be necessary to public and private agencies, legislators, and 
other persons, regarding— 
"(i) the problems and concerns of older individuals 
residing in long-term care facilities; and 
"(ii) recommendations related to the problems and con-
cerns; and 
**(B) make available to the public, and submit to the Public 
Commissioner, the chief executive officer of the State, the State ^formation. 
legislature, the State agency responsible for licensing or certify-
ing long-term care facilities, and other appropriate govern-
mental entities, each report prepared under paragraph (1); 
''(4XA) not later than 1 year after the date of the enactment 
of this title, establish procedures for the training of the rep-
resentatives of the Office, including unpaid volunteers, based 
on model standards established by the Associate Commissioner 
for Ombudsman Programs, in consultation with representatives 
of citizen groups, long-term care providers, and the Office, 
that>-
"(i) specify a minimum number of hours of initial train-
ing; 
"(ii) specify the content of the training, including train-
ing relating to— 
"(I) Federal, State, and local laws, regulations, and 
policies, with respect to long-term care facilities in 
the State; 
"(II) investigative techniques; and 
"(III) such other matters as the State determines 
to be appropriate; and 
"(iii) specify an annual number of hours of in-service 
training for all designated representatives; and 
"(B) require implementation of the procedures not later 
than 21 months after the date of the enactment of this title; 
"(5) prohibit any representative of the Office (other than 
the Ombudsman) from carrying out any activity described in 
subparagraphs (A) through (G) of subsection (aX3) unless the 
representative— 
"(A) has received the training required under para-
graph (4); and 
"(B) has been approved by the Ombudsman as qualified 
to carry out the activity on behalf of the Office; 
"(6) coordinate ombudsman services with the protection 
and advocacy systems for individuals with developmental 
disabilities and mental illnesses established under— 
106 STAT. 1282 
PUBLIC LAW 102-375—SEPT. 30, 1992 
"(A) part A of the Developmental Disabilities Assist-
ance and Bill of Rights Act (42 U.S.C. 6001 et seq.); and 
*
*
(
B
) the Protection and Advocacy for Mentally 1
1
1 
Individuals Act of 1986 (42 U.S.C. 10801 et seq.); 
"(7) coordinate, to the greatest extent possible, ombudsman 
services with 
legal assistance 
provided 
under 
section 
306(aX2XC), through adoption of memoranda of understanding 
and other means; and 
"(8) permit any local Ombudsman entity to carry out the 
responsibilities described in paragraph (1), (2), (3), (6), or (7). 
"(i) LIABILITY.—^The State shall ensure that no representative 
of the Office will be liable under State law for the good faith 
performance of official duties. 
"(j) NONINTERFERENCE.—The State shall— 
"(1) ensure that willful interference with representatives 
of the Office in the performance of the official duties of the 
representatives (as defined by the Conmiissioner) shall be 
unlawful; 
"(2) prohibit retaliation and reprisals by a long-term care 
facility or other entity with respect to anv resident, employee, 
or other person for filing a complaint witn, providing informa-
tion to, or otherwise cooperating with any representative of, 
the Office; and 
"(3) provide for appropriate sanctions with respect to the 
interference, retaliation, and reprisals. 
42 use 3058h. 
"SEC. 713. REGULATIONS. 
"The Commissioner shall issue and periodically update regula-
tions respecting— 
(1) conflicts of interest by persons described in paragraphs 
(1) and (2) of section 712(f); and 
"(2) the relationships described in subparagraphs (A) 
through (D) of section 712(0(3).". 
SEC. 703. 
PROGRAMS 
FOR 
PREVENTION 
OF 
ELDER 
ABUSE, 
NEGLECT, 
AND 
EXPLOITATION. 
42 use 3
0
5
8
1 
(a) PURPOSE.—^The purpose of this section is to assist States 
note. 
in the design, development, and coordination of comprehensive serv-
ices of the State and local levels to prevent, treat, and remedy 
elder abuse, neglect, and exploitation. 
(b) PROGRAMS.—Title VII of the Older Americans Act of 1965 
(as added by section 701, and amended by section 702) is amended 
by adding at the end the following: 
"CHAPTER 
3—PROGRAMS 
FOR 
PREVENTION 
OF 
ELDER 
ABUSE, 
NEGLECT, 
AND 
EXPLOITATION 
42 use 30581. 
"SEC. 721. PREVENTION OF ELDER ABUSE, NEGLECT, AND EXPLOI-
TATION. 
"(a) ESTABLISHMENT.—In order to be eligible to receive an allot-
ment under section 703 from funds appropriated under section 
702(b), a State agency shall, in accordance with this section, and 
in consiiltation with area agencies on aging, develop and enhance 
programs for the prevention of elder abuse, neglect, and exploi-
tation. 
"(b) USE OF ALLOTMENTS.—The State agency shall use an allot-
ment made imder subsection (a) to carry out, through the programs 
described in subsection (a), activities to develop, strengthen, and 
PUBLIC LAW 102-375—SEPT. 30, 1992 
106 STAT. 1283 
carry out programs for the prevention and treatment of elder abuse, 
neglect, and exploitation, including— 
"(1) providing for public education and outreach to identify 
and prevent elder abuse, neglect, and exploitation; 
(2) ensuring the coordination of services provided by area 
agencies on aging witii services instituted under the State 
adult protection service program; 
"(3) promoting the development of information and data 
systems, including elder abuse reporting systems, to quantify 
tne extent of elder abuse, neglect, and exploitation in the State; 
"(4) conducting analyses of State information concerning 
elder abuse, neglect, and exploitation and identifying unmet 
service, enforcement, or intervention needs; 
"(5) conducting training for individuals, professionals, and 
paraprofessionals, in relevant fields on the identification, 
prevention, and treatment of elder abuse, neglect, and exploi-
tation, with particular focus on prevention and enhancement 
of self-determination and autonomy; 
''(G) providing technical assistance to programs that provide 
or have the potential to provide services for victims of elder 
abuse, neglect, and exploitation and for family members of 
the victims; 
''(7) conducting special and on-going training, for individ-
uals involved in serving victims of elder abuse, neglect, and 
exploitation, on the topics of self-determination, individual 
rights, State and Federal requirements concerning confidential-
ity, and other topics determined by a State agency to be appro-
priate; and 
"(8) promoting the development of an elder abuse, neglect, 
and exploitation system— 
"(A) that includes a State elder abuse, neglect, and 
exploitation law that includes provisions for immunity, for 
persons reporting instances of elder abuse, neglect, and 
exploitation, from prosecution arising out of such reporting, 
under any State or local law; 
"(B) under which a State agency— 
"(i) on receipt of a report of known or suspected 
instances of elder abuse, neglect, or exploitation, shall 
promptly initiate an investigation to substantiate the 
accuracy of the report; and 
"(ii) on a finding of elder abuse, neglect, or exploi-
tation, shall take steps, including appropriate referral, 
to protect the health and welfare of the abused, 
neglected, or exploited older individual; 
"(C) that includes, throughout the State, in connection 
with the enforcement of elder abuse, neglect, and exploi-
tation laws and with the reporting of suspected instances 
of elder abuse, neglect, and exploitation— 
"(i) such administrative procedures; 
"(ii) such personnel trained in the special problems 
of elder abuse, neglect, and exploitation prevention 
and treatment; 
"(iii) such training procedures; 
"(iv) such institutional and other facilities (public 
and private); and 
"(v) such related multidisciplinary programs and 
services. 
106 STAT. 1284 
PUBLIC LAW 102-375—SEPT. 30, 1992 
as may be necessary or appropriate to ensure that the 
State will deal effectively with elder abuse, neglect, and 
exploitation cases in the State; 
"(D) that preserves the confidentiality of records in 
order to protect the rights of older individuals; 
"(E) that provides for the cooperation of law enforce-
ment officials, courts of competent jurisdiction, and State 
agencies providing hiunan services with respect to special 
problems of elder abuse, neglect, and exploitation; 
"(F) that enables an older individual to participate 
in decisions regarding the welfare of the older individual, 
and makes the least restrictive alternatives available to 
an older individual who is abused, neglected, or exploited; 
and 
"(G) that includes a State clearinghouse for dissemina-
tion of information to the general public vfith respect to— 
"(i) the problems of elder abuse, neglect, and 
exploitation; 
"(ii) the facilities described in subparagraph (CXiv); 
and 
"(iii) prevention and treatment methods available 
to combat instances of elder abuse, neglect, and 
exploitation. 
"(c) APPROACH.—In developing and enhancing programs under 
subsection (a), the State agency shall use a comprehensive approach, 
in consultation with area agencies on aging, to identify and assist 
older individuals who are subject to abuse, neglect, and exploitation, 
including older individuals who live in State licensed facilities, 
unlicensed facilities, or domestic or community-based settings. 
"(d) COORDINATION.—In developing and enhancing programs 
under subsection (a), the State agency shall coordinate the programs 
with other State and local programs and services for the protection 
of vulnerable adults, particularly vulnerable older individuals, 
including programs and services such as— 
"(1) area agency on aging programs; 
"(2) adult protective service programs; 
"(3) the State Long-Term Care Ombudsman program estab-
lished in chapter 2; 
"(4) protection and advocacy programs; 
"(5) facility and long-term care provider licensure and cer-
tification programs; 
"(6) medicaid fraud and abuse services, including services 
provided by a Stete medicaid fraud control unit, as defined 
in section 1903(q) of the Social Security Act (42 U.S.C. 
1396b(q)); 
"(7) victim assistance programs; and 
"(8) consumer protection and law enforcement programs, 
as well as other Stete and local programs that identify and 
assist vulnerable older individuals. 
"(e) REQUIREMENTS.—In developing and enhancing programs 
xmder subsection (a), the Stete agency shall— 
"(1) not permit involuntery or coerced participation in such 
programs by alleged victims, abusers, or members of their 
households; 
Privacy. 
"(2) require that all information gathered in the course 
of receiving a report described in subsection (bX8)(BXi), and 
PUBLIC LAW 102-375—SEPT. 30, 1992 
106 STAT. 1285 
making a referral described in subsection (bXSXBXii), shall 
remain confidential except— 
"(A) if all parties to such complaint or report consent 
in writing to the release of such information; 
"(B) if the release of such information is to a law 
enforcement agency, public protective service agency, 
licensing or certification agency, ombudsman program, or 
protection or advocacy system; or 
"(C) upon court order; and 
"(3) make all reasonable efforts to resolve any conflicts 
with other public agencies with respect to confidentiality of 
the information described in paragraph (2) by entering into 
memoranda of understanding that narrowly limit disclosure 
of information, consistent with the requirement described in 
paragraph (2). 
"(f) DESIGNATION.—The State agency may designate a State 
entity to carry out the programs and activities described in this 
chapter.". 
SEC. 704. STATE ELDER RIGHTS AND LEGAL ASSISTANCE DEVELOP-
MENT PROGRAM. 
Title VII of the Older Americans Act of 1965 (as added by 
section 701 and amended by the preceding sections) is amended 
by adding at the end the following: 
""CHAPTER 4—STATE ELDER RIGHTS AND LEGAL 
ASSISTANCE DEVELOPMENT PROGRAM 
'^EC. 731. STATE ELDER RIGHTS AND LEGAL ASSISTANCE DEVELOP- 42 USC 3058j. 
MENT. 
"(a) ESTABLISHMENT.— 
"(1) IN GENERAL.—^In order to be eligible to receive an 
allotment under section 703 from funds appropriated under 
section 702(c), a State agency shall, in accordance with this 
section and in consultation with area agencies on aging, estab-
lish a program to provide leadership for improving the quality 
and quantity of legal and advocacy assistance as a means 
for ensuring a comprehensive elder rights system. 
"(2) COORDINATION AND ASSISTANCE.—In carrying out 
the 
program established luider this chapter, the State agency shall 
coordinate, and provide assistance to, area agencies on aging 
and other entities in the State that assist older individuals 
in— 
"(A) understanding the rights of the older individuals; 
"(B) exercising choice; 
"(C) benefiting from services and opportunities author-
ized by law; 
"(D) maintaining the rights of the older individuals 
and, in particular, of the older individuals with reduced 
capacity; and 
"(E) solving disputes. 
"(b) FUNCTIONS.—In canrjring out this chapter, the State agency 
shall— 
"(1) establish a focal point for elder rights policy review, 
analysis, and advocacy at the State level, including such issues 
as guardianship, age discrimination, pension and health bene-
106 STAT. 1286 
PUBLIC LAW 102-375—SEPT. 30, 1992 
fits, insurance, consumer protection, surrogate decisionmaking, 
protective services, public benefits, and dispute resolution; 
''(2) provide an individual who shall be known as a State 
legal assistance developer, and other personnel, sufficient to 
ensure— 
"(A) State leadership in securing and maintaining legal 
rights of older individuals; 
"(B) State capacity for coordinating the provision of 
legal assistance; 
"(C) State capacity to provide technical assistance, 
training and other supportive functions to area agencies 
on aging, legal assistance providers, ombudsmen, and other 
persons as appropriate; and 
"(D) State capacity to promote financial management 
services for older individuals at risk of conservatorship; 
"(3XA) develop, in conjunction with area agencies on aging 
and legal assistance providers, statewide standards for the 
delivery of le^al assistance to older individuals; and 
"(B) provide technical assistance to area agencies on aging 
and legal assistance providers to enhance and monitor the 
quality and quantity of legal assistance to older individuals, 
including technical assistance in developing plans for targeting 
services to reach the older individuals with greatest economic 
need and older individuals with greatest social need, with 
particular attention to low-income minority individuals; 
"(4) provide consultation to, and ensure, the coordination 
of activities with the legal assistance provided under title III, 
services provided by the Legal Service (Jorporation, and services 
provided imder chapters 2, 3, and 5, as well as other State 
or Federal programs administered at the State and local levels 
that address the legal assistance needs of older individuals; 
"(5) provide for the education and training of professionals, 
volunteers, and older individuals concerning elder rights, the 
requirements and benefits of specific laws, and methods for 
enhancing the coordination of services; 
"(6) promote, and provide as appropriate, education and 
training for individuals who are or might become guardians 
or representative payees of older individuals, including informa-
tion on— 
"(A) the powers and duties of guardians or representa-
tive payees; and 
"(B) alternatives to guardianship; 
"(7) promote the development of, and provide technical 
assistance concerning, pro bono legal assistance programs. State 
and local bar committees on aging, leg£d hot lines, alternative 
dispute resolution, programs and curricula, related to the rights 
and benefits of older individuals, in law schools and other 
institutions of higher education, and other methods to expand 
access by older individuals to le^al assistance and advocacy 
and vulnerable elder rights protection activities; 
"(8) provide for periodic assessments of the status of elder 
rights in the State, including analysis— 
"(A) of the unmet need for assistance in resolving legal 
problems and benefits-related 
problems, methods 
for 
. 
expanding advocacy services, the status of substitute 
decisionmaking systems and services (including systems 
and 
services 
regarding 
guardianship, 
representative 
PUBLIC LAW 102-375—SEPT. 30, 1992 
106 STAT. 1287 
Inter-
governmental 
relations. 
payeeship, and advance directives), access to courts and 
the justice system, and the implementation of civil rights 
and age discrimination laws in the State; and 
"(B) of problems and unmet needs identified in pro-
grams established under title III and other programs; and 
(9) for the purpose of identifying vulnerable elder rights 
protection activities provided by the entities under this chapter, 
and coordinating the activities with programs established imder 
title III and chapters 2, 3, and 5, develop working agreements 
with— 
"(A) State entities, including the consumer protection 
agency, the court system, the attorney general, the State 
equal employment opportimity commission, and other State 
agencies; and 
"(B) Federal entities, including the Social Security 
Administration, Health Care Financing Administration, 
and the Department of Veterans' Affairs, and other enti-
ties.**. 
SEC. 705. OUTREACH. COUNSELING, AND ASSISTANCE PROGRAMS. 
(a) PURPOSE.—^The purpose of this section is to provide out- 42 use 3058k 
reach, counseling, and assistance in order to assist older individuals ^°^-
in obtaining benefits under— 
(1) public and private health insurance, long-term care 
insurance, life insurance, and pension plans; and 
(2) public progrsuns under which the individuals are enti-
tled to benefits, including benefits under— 
(A) the supplemental security income program estab-
lished under title XVI of the Social Security Act (42 U.S.C. 
1381 et seq.); 
(B) the medicare program established under title XVIII 
of the Social Security Act (42 U.S.C. 1395 et seq.); 
(C) the medicaid program established imder title XIX 
of the Social Security Act (42 U.S.C. 1396 et seq.); 
(D) the program established under the Food Stamp 
Act of 1977 (7 U.S.C. 2011 et seq.); and 
(E) the program established under the Low-Income 
Home Energy Assistance Act of 1981 (42 U.S.C. 8621 et 
seq.). 
(b) PROGRAM.—Title VII of the Older Americans Act of 1965 
(as added by section 701, and amended by the preceding sections) 
is amended by adding at the end the following: 
**CHAPTER &-OUTREACH, COUNSELING, AND 
ASSISTANCE PROGRAM 
"SEC. 741. STATE OUTREACH, COUNSELING, AND ASSISTANCE PRO- 42 USC 3058k. 
GRAM FOR INSURANCE AND PUBUC BENEFITS. 
"(a) DEFlNmONS.—^As used in this section: 
"(1) INSURANCE BENEFIT.—The term 'insurance benefit' 
means a benefit under— 
"(A) the medicare program established under title 
XVIII of the Social Security Act (42 U.S.C. 1395 et seqj; 
"(B) the medicaid program estabUshed under title ^QX 
of the Social Security Act (42 U.S.C. 1396 et seq.); 
"(C) a public or private insurance program; 
"(D) a medicare supplemental pohcy; or 
106 STAT. 1288 
PUBLIC LAW 102-375—SEPT. 30, 1992 
"(E) a pension plan. 
"(2) MEDICARE SUPPLEMENTAL POLICY.—The term 'medicare 
supplemental policy* has the meaning given the term in section 
1882(gXl) of the Social Security Act (42 U.S.C. 1395s8(gXl)). 
"(3) PENSION PLAN.—^The term 'pension plan' means an 
employee pension benefit plan, as defined in section 3(2) of 
the Employee Retirement Income Security Act of 1974 (29 
U.S.C. 1002(2)). 
"(4) PUBLIC BENEFIT.—^The term 'public benefit' means a 
benefit imder— 
"(A) the Federal Old-Age, Survivors, £uid Disability 
Insurance Benefits programs under title II of the Social 
Security Act (42 U.S.C. 401 et seq.); 
"(B) the medicare program established under title 
XVIII of the Social Security Act, including benefits as a 
qualified medicare beneficiary, as defined in section 1905(p) 
of the Social Security Act; 
"(C) the medicaid program established under title XIX 
of the Social Security Act; 
"(D) the program established under the Food Stamp 
Act of 1977 (7 U.S.C. 2011 et seq.); 
"(E) the program established under the Low-Income 
Home Energy Assistance Act of 1981 (42 U.S.C. 8621 et 
seq.); 
"(F) the supplemental seciirity income program estab-
lished imder title XVI of the Social Security Act (42 U.S.C. 
1381 et seq.); or 
"(G) a program determined to be appropriate by the 
Commissioner. 
"(5) STATE INSURANCE ASSISTANCE PROGRAM.—The term 
'State insurance assistance program' means the program estab-
lished under subsection (bXD. 
"(6) 
STATE PUBLIC BENEFIT ASSISTANCE PROGRAM.—^The 
term 'State public benefit assistance program' means the pro-
gram established under subsection (bX2). 
"(b) ESTABLISHMENT.—In order to receive an allotment imder 
section 703 from funds appropriated under section 702(d), a State 
agency shall, in coordination with area agencies on aging and 
in accordance with this section, establish— 
"(1) a program to provide to older individuals outreach, 
coimseling, and assistance related to obtaining insurance bene-
fits; and 
"(2) a program to provide outreach, counseling, and assist-
ance to older individuals who may be eligible for, but who 
are not receiving, public benefits. 
"(c) INSURANCE AND PUBLIC BENEFITS.—The State agency 
shall— 
"(1) in carrying out a State insurance assistance program— 
"(A) provide information and coimseling to assist older 
individuals— 
"(i) in filing claims and obtaining benefits under 
title XVIII and title XIX of the Social Security Act; 
"(ii) in comparing medicare supplemental policies 
and in filing claims and obtaining benefits under such 
policies; 
PUBLIC LAW 102-375—SEPT. 30, 1992 
106 STAT. 1289 
"(iii) in comparing long-term care insurance poli-
cies and in filing claims and obtaining benefits under 
such policies; 
"(iv) in comparing other types of health insurance 
policies not described in clause (iii) and in filing claims 
and obtaining benefits under such policies; 
"(v) in comparing life insurance policies and in 
filing claims and obtaining benefits under such policies; 
"(vi) in comparing other forms of insurance policies 
not described in clause (v), in comparing pension plans, 
and in filing claims and obtaining benefits under such 
policies and plans as the State agency may determine 
to be necessary; and 
"(vii) in comparing current and future health and 
post-retirement needs related to pension plans, and 
the relationship of benefits imder such plans to insur-
ance benefits and public benefits; 
''(B) establish a system of referrals to appropriate 
providers of legal assistance, and to appropriate agencies 
of the Federal or State government regarding the problems 
of older individuals related to health insurance benefits, 
other insurance benefits, and public benefits; 
"(C) give priority to providing assistance to older 
individuals with greatest economic need; 
"(D) ensure that services provided under the program 
will be coordinated with programs established imder chap-
ters 2, 3, and 4, and imder title III; 
"(E) provide for adequate and trained staff (including 
volunteers) necessary to carry out the program; 
"(F) ensure that staff (including volunteers) of the 
agency and of any agency or organization described in 
subsection (d) will not be subject to a conflict of interest 
in providing services under the program; 
"(G) provide for the collection and dissemination of 
timely and accurate information to staff (including volun-
teers) related to insurance benefits and public benefits; 
"(H) provide for the coordination of information on 
insurance benefits between the staff of departments and 
agencies of the State government and the staff (including 
volimteers) of the program; and 
"(I) make recommendations related to consumer protec-
tion that may affect individuals eligible for, or receiving, 
health or other insurance benefits; and 
"(2) in carrying out a State public benefits assistance 
program— 
"(A) carry out activities to identify older individuals 
with greatest economic need who may be eligible for, but 
who are not receiving, public benefits; 
"(B) conduct outreach activities to inform older individ-
uals of the requirements for eligibility to receive such 
benefits; 
"(C) assist older individuals in appl3ring for such bene-
fits; 
"(D) establish a system of referrals to appropriate 
providers of legal assistance, or to appropriate agencies 
of the Federal or State government regarding the problems 
ofolder individuals related to public benefits; 
— 
106 STAT. 1290 
PUBLIC LAW 102-375—SEPT. 30, 1992 
"(E) comply with the requirements specified in sub-
paragraphs (U) through (F) of paragraph (1) with respect 
to the State public benefits assistance program; 
"(F) provide for the collection and dissemination of 
timely and accurate information to staff (including volun-
teers) related to public benefits; 
"(G) provide for the coordination of information on 
public benefits between the staff of State entities and the 
staff (including volimteers) of the State public benefits 
assistance program; and 
"(H) make recommendations related to consumer 
protection that may affect individuals eligible for, or receiv-
mg, public benefits. 
"(d) ADMINISTRATION.—The State agency may operate the State 
insurance assistance program and the State public benefits assist-
ance program directly, in cooperation with other State agencies, 
or under an agreement with a statewide nonprofit organization, 
an area agency on aging, or another public or nonprofit agency 
or organization. 
"(e) MAINTENANCE OF EFFORT.—Any funds appropriated for 
the activities imder this chapter shall supplement, and shall not 
supplant, fimds that are expended for similar purposes under any 
Federal, Stete, or local program providing insurance benefits or 
public benefits. 
"(f) COORDINATION.—A State that receives an allotment under 
section 703 and receives a grant to provide services imder section 
4360 of the Omnibus ReconciUation Act of 1990 (42 U.S.C. 1395b-
4) shall coordinate the services with activities provided by the 
Stete agency through the programs described in paragraphs (1) 
and (2) of subsection (b).". 
SEC. 706. NATIVE AMERICAN ORGANIZATION PROVISIONS. 
Title VII of the Older Americans Act of 1965 (as added by 
section 701, and amended by the preceding sections) is amended 
by adding at the end the following: 
"Subtitle B—^Native American 
Organization Provisions 
42USC3058aa. 
"SEC. 751. NATIVE AMERICAN PROGRAM. 
"(a) ESTABLISHMENT.—^The Commissioner, acting through the 
Associate Commissioner on American Indian, Alaskan Native, and 
Native Hawaiian Aging, shall esteblish and carry out a program 
for— 
"(1) assisting eligible entities in prioritizing, on a continu-
ing basis, the needs of the service population of the entities 
relating to elder rights; and 
"(2) making grants to eligible entities to carry out vulner-
able elder rights protection activities that the entities determine 
to be priorities. 
"(b) APPLICATION.—In order to be eligible to receive assistence 
under this subtitle, an entity shall submit an application to the 
Commissioner, at such time, in such manner, and containing such 
information as the Commissioner may require. 
"(c) ELIGIBLE ENTITY.—^An entity eligible to receive assistence 
under this section shall be— 
PUBLIC LAW 102-375—SEPT. 30, 1992 
106 STAT. 1291 
"(1) an Indian tribe; or 
"(2) a public agency, or a nonprofit organization, serving 
older individuals who are Native Americans. 
"(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to carry out this section, $5,000,000 for fiscal 
year 1992, and such sums as may be necessary for fiscal years 
1993,1994, and 1995.". 
SEC. 707. GENERAL PROVISIONS. 
Title VII of the Older Americans Act of 1965 (as added by 
section 701, and amended by the preceding sections) is amended 
by adding at the end the following: 
"Subtitle C—General Provisions 
"SEC. 761. DEFINITIONS. 
42 USC 3058bb. 
"As used in this title: 
"(1) ELDER RIGHT.—The term 'elder right' means a right 
of an older individual. 
"(2) VULNERABLE ELDER RIGHTS PROTECTION ACTIVITY.— 
The term Vulnerable elder rights protection activity* means 
an activity funded under chapter 2, 3, 4, or 5 of this title. 
"SEC. 762. ADMINISTRATION. 
42 USC 3058cc. 
"A State agency or an entity described in section 751(c) may 
carry out vulnerable elder rights protection activities either directly 
or through contracts or agreements with public or nonprofit private 
agencies or organizations, such as— 
"(1) other State agencies; 
"(2) area agencies on aging; 
"(3) county governments; 
"(4) institutions of higher education; 
"(5) Indian tribes; or 
"(6) nonprofit service providers or volunteer organizations. 
"SEC. 763. TECHNICAL ASSISTANCE. 
42 USC 3058dd. 
"(a) OTHER AGENCIES.—In canying out the provisions of this 
title, the Commissioner may request the technical assistance and 
cooperation of such Federal entities as may be appropriate. 
"(b) COMMISSIONER.—^The Commissioner shall provide technical 
assistance and training (by contract, grant, or otherwise) to persons 
and entities that administer programs established under this title. 
"SEC. 764. AUDITS. 
42 USC 3058ee. 
"(a) ACCESS.—^The Commissioner, the Comptroller General of 
the United States, and any duly authorized representative of the 
Commissioner or the Comptroller shall have access, for the purpose 
of conducting an audit or examination, to any books, docimients, 
papers, and records that are pertinent to financial assistance 
received under this title. 
"(b) LlMiTATiON.^-State agencies, area agencies on aging, and 
entities described in section 751(c) shall not request information 
or data from providers that is not pertinent to services furnished 
under this title or to a pajnnent made for the services.". 
SEC. 708. TECHNICAL AND CONFORMING AMENDMENTS. 
(a) OMBUDSMAN PROGRAM.— 
106 STAT. 1292 
PUBLIC LAW 102-375—SEPT. 30, 1992 
(1) SOCIAL SECUMTY ACT.— 
. ^ 
(A) Section 1819 of the Social Security Act (42 U.S.C. 
1395i-3) is amended in subsections (cX2XBXiiiXII) and 
(gX5XB) by striking "established under section 307(aX12) 
of the Older Americans Act of 1965" and inserting "estab-
lished under title III or VII of the Older Americans Act 
of 1965 in accordance with section 712 of the Act". 
(B) Section 1919 of the Social Security Act (42 U.S.C. 
1396r) is amended in subsections (cX2XBXiiiXII) and 
(gX5XB) by striking "established under section 307(aX12) 
of the Older Americsins Act of 1965" and inserting "estab-
lished under title III or VII of the Older Americans Act 
of 1965 in accordance with section 712 of the Act". 
(2) OLDER AMERICANS ACT OF 1965.— 
(A) Section 207(b) of the Older Americans Act of 1965 
(42 U.S.C. 3018(b)) is amended— 
(i) in paragraph (IXA), by striking "section 
307(aX12XC)" and inserting "titles III and VII in 
accordance with section 712(c)"; and 
(ii) in paragraph (3)— 
(I) by striking "by section 307(aX12XHXi)''and 
inserting "under titles III and VII in accordance 
with section 712(hXl)'*; and 
(II) by striking subparagraph (E) and inserting 
the following: 
"(E) each public agency or private organization designated 
as an Office of the State Long-Term Care Ombudsman under 
title III or VII in accordance with section 712(aX4XA).". 
i 
(B) Section 301(c) of the Older Americans Act of 1965 
(42 U.S.C. 3021(c)) is amended by striking "section 
307(aX12), and to individuals designated under such sec-
tion" and inserting "section 307(aX12) in accordance with 
section 712, and to individuals within such programs des-
ignated under section 712". 
(C) Section 351(4) of the Older Americans Act of 1965 
(42 U.S.C. 30301(4)) is amended by striking "section 
307(aX12)" and inserting "titles III and VII in accordance 
with section 712". 
(b) PROGRAMS FOR PREVENTION OF ABUSE, NEGLECT, AND 
EXPLOITATION.—Section 321(15) of the Older Americans Act of 1965 
(42 U.S.C. 3030d(15)) is amended by striking "clause (16) of section 
307(a)" and inserting "chapter 3 of subtitle A of title VII and 
section 307(aX16)". 
(c) OUTREACH PROGRAMS.— 
(1) Section 202(aX20) of the Older Americans Act of 1965 
(42 U.S.C. 3012(aX20)) is amended by striking "imder section 
307(aX31)". 
(2) Section 207(c) of the Older Americans Act of 1965 
(42 U.S.C. 3018(c)) is amended— 
(A) in the first sentence, by striking "on the evaluations 
required to be submitted under section 307(aX31XD)" and 
inserting "on the outreach activities supported imder this 
Act"; and 
(B) in paragraph (1), by striking "outreach activities 
supported under section 306(a)(6XP)'' and inserting "the 
activities". 
PUBLIC LAW 102-375—SEPT. 30, 1992 
106 STAT. 1293 
(3) Section 303(aXl) of the Older Americans Act of 1965 
(42 U.S.C. 3023(aXl)) is amended by striking "for purposes 
other than outreach activities and appUcation assistance under 
section SOli&XSlT. 
(4) Section 307(aX20XA) of the Older Americans Act of 
1965 (42 U.S.C. 3027(aX20XA)) is amended by striking "sections 
306(aX2XA) 
and 
306(aX6XP)'' 
and 
inserting 
"section 
306(aX2XAr. 
TITLE Vin—AMENDMENTS TO OTHER 
LAWS; RELATED MATTERS 
Subtitle A—^Long-Term Health Care 
Workers 
42 use 3001 
note. 
SEC. 801. DEFINITIONS. 
As used in this subtitle: 
(1) NURSING HOME NURSE AIDE.—The term "nursing home 
nurse aide" means an individual employed at a nursing or 
convalescent home who assists in the care of patients at such 
home under the direction of nursing and medical staff. 
(2) HOME HEALTH CARE AIDE.—The term "home health care 
aide" means an individual who— 
(A) is employed by a government, charitable, nonprofit, 
or proprietary agency; and 
(B) cares for elderly, convalescent, or handicapped 
individuals in the home of the individuals by performing 
routine home assist£uice (such as housecleaning, cooking, 
and laundry) and assisting in the health care of sum 
individuals imder the direction of a physician or nurse. 
SEC. 802. INFORMATION REQUIREMENTS. 
Reports. 
(a) NATIONAL CENTER FOR HEALTH STATISTICS.—The Director 
of the National Center for Health Statistics of the Centers for 
Disease Control shall collect, and prepare a report containing— 
(1) demographic information on home health care aides 
and nursing home nurse aides, including information on the— 
(A) age, race, marital status, education, nimiber of 
children and other dependents, gender, and primary lan-
guage, of the aides; and 
(B) location of facilities at which the aides are employed 
in— 
(i) rural communities; or 
(ii) urban or suburban communities; and 
(2) information on the role of the aides in providing institu-
tion-based and home-based long-term care. 
(b) DEPARTMENT OF LABOR.—The Secretary of Labor shall— 
(1) collect, and prepare a report containing, information 
on home health care aides, including— 
(A) information 
on 
conditions 
of 
employment, 
including— 
(i) the length of emplo^ent of the aides with 
the current employer of the aides; 
(ii) the number of aides who are— 
(I) employed by a for-profit employer; 
106 STAT. 1294 
PUBLIC LAW 102-375—SEPT. 30, 1992 
(II) employed by a nonprofit private employer; 
(III) employed by a charitable employer; 
(IV) employed by a government employer; or 
(V) independent contractors; 
(iii) the mimber of full-time, part-time, and tem-
porary positions for the aides; 
(iv) the ratio of the aides to professional staff; 
(v) the types of tasks performed by the aides, the 
level of skill needed to perform the tasks, and whether 
the tasks are completea in a institution-based or home-
based setting; and 
(vi) the average number and range of hours worked 
each week by the aides; and 
(B) information on availability of the employment bene-
fits for home health care aides and a description of the 
benefits, including— 
(i) information on health insurance coverage; 
(ii) the type of pension plan coverage; 
(iii) the amount of vacation leave; 
(iv) wage rates; and 
(v) the extent of work-related training provided; 
and 
(2) collect, and prepare a report containing, information 
on nursing home nurse aides, including— 
(A) the information described in subparagraphs (A) 
and (B) of paragraph (1); and 
(B) information on— 
(i) the type of facility of the employer of the aides, 
such as a skilled nursing facility, as defined in section 
1819(a) of the Social Security Act (42 U.S.C. 13951-
3(a)), or an intermediate care facility within the mean-
ing of section 1121(a) of the Social Security Act (42 
U.S.C. 1320a(a)); 
(ii) the number of beds at the facility; and 
(iii) the ratio of the aides to residents of the facility. 
SEC. 803. REPORTS. 
(a) REPORTS TO COMMISSIONER ON AGING.— 
(1) TRANSMITTAL.— 
(A) 
NATIONAL 
CENTER 
FOR 
HEALTH 
STATISTICS 
REPORT.—Not later than March 1, 1994, the Director of 
the National Center for Health Statistics of the Centers 
for Disease Control shall transmit to the Commissioner 
on Aging the report required by section 802(a). 
(B) DEPARTMENT OF LABOR REPORTS.— 
(i) HOME HEALTH CARE AIDES.—Not later than 
March 1, 1993, the Secretary of Labor shall transmit 
to the Commissioner on Aging a plan for the collection 
of the information described in section 802(bXl). Not 
later than March 1, 1995, the Secretary of Labor shall 
transmit to the Commissioner on Aging the report 
required by section 802(bXl). 
(ii) NURSING HOME NURSE AIDES.—Not later than 
March 1, 1994, the Secretary of Labor shall transmit 
to the Conunissioner on Aging the report required by 
section 802(bX2). 
(2) PREPARATION.— 
PUBLIC LAW 102-375—SEPT. 30, 1992 
106 STAT. 1295 
(A) 
NATIONAL 
CENTER 
FOR 
HEALTH 
STATISTICS 
REPORT.—^The report required by section 802(a) shall be 
prepared and oi|;anized in such a manner as the Director 
of the National Center for Health Statistics may determine 
to be appropriate. 
(B) 
DEPARTMENT OF LABOR REPORTS.—The reports 
required by paragraphs (1) and (2) of section 802(b) shcdl 
be prepared and organized in such a manner as the Sec-
retary of Labor may determine to be appropriate. 
(3) PRESENTATION OF INFORMATION.—The reports required 
by section 802 shall not identify by name individuals supplying 
information for purposes of the reports. The reports shall 
present information collected in the aggregate, 
(b) REPORT TO CONGRESS.—^The Commissioner on Aging shall 
review the reports required by section 802 and shall submit to 
the appropriate committees of Congress a report containing— 
(1) the reports required by section 802; 
(2) the comments of the Commissioner on the reports; 
and 
(3) additional information, regarding the roles of nursing 
home nurse aides and home health care aides in providing 
long-term care, obtained through the State Long-Term Care 
Ombudsman program established under sections 307(aX12) and 
712 of the Older Americans Act of 1965. 
SEC. 804. OCCUPATIONAL CODE. 
The Secretary of Labor shall include an occupational code cover-
ing nursing home nurse aides and an occupational code covering 
home healtii care aides in each wage survey of relevant industries 
conducted by the Department of Labor that begins after the date 
of enactment of this Act. 
Subtitle B—^National School Lunch Act 
SEC. 811. MEALS PROVIDED THROUGH ADULT DAY CARE CENTERS. 
(a) IN GENERAL.—Section 17(oX2XAXi) of the National School 
Limch Act (42 U.S.C. 1766(oX2XAXi)) is amended by inserting ", 
or a grou|> living arrangement," after "domes'*. 
(b) EFFECTIVE DATE.—^The amendment made by subsection (a) 
shall take effect as if the amendment had been included in the 
Older Americans Act Amendments of 1987. 
42 u s e 1766 
note. 
Subtitle C—^Native American Programs 
SEC. 821. SHORT TITLE. 
This subtitle may be cited as the 'Native American Programs 
Act Amendments of 1992". 
SEC. 822. AMENDMENTS. 
The Native American Programs Act of 1974 (42 U.S.C. 2991 
et seq.) is amended— 
(1) in section 803 (42 U.S.C. 2991b)— 
(A) by striking "Secretcury" each place the term appears 
and inserting ''Commissionei^; and 
(B) in the first sentence of subsection (a)— 
Native 
American 
Programs Act 
Amendments 
of 1992. 
42 u s e 2991 
note. 
106 STAT. 1296 
PUBLIC LAW 102-375—SEPT. 30, 1992 
(i) by striking "Indian organizations" and inserting 
"Indian and Alaska Native organizations"; and 
(ii) by striking "nonreservation area" and inserting 
"area that is not an Indian reservation or Alaska 
Native village"; 
(2) in section 803A (42 U.S.C. 2991b-l>— 
(A) in subsection (aXl)— 
(i) by striking "one agenc^ and all that follows 
through "of Native Hawaiians" and inserting "the 
Office of Hawaiian Affairs of the State of Hawaii 
(referred to in this section as the 'Office')"; 
(ii) by striking "5-year"; and 
(iii) in subparagraph (A) by striking "such agency 
or Native Hawaiian organization" and inserting "the 
Office"; 
(B) by striking "agency or organization to which a 
greint is awarded under subsection (aXD of this section" 
each place the term appears and inserting "Office"; 
(C) by striking "agency or organization" each place 
the term appears and inserting "Office"; 
(D) by striking "Secretary" each place the term appears 
and inserting "Commissionei^; 
(E) in subsection (aX2) by inserting before the period 
at the end the following: "and a requirement that the 
grantee contribute to the revolving loan fund an amount 
of non-Federal fimds equal to the amoimt of such grant"; 
(F) by striking subsection (bX6); 
(G) in subsection (fXD by striking "fiscal years 1988, 
1989, and 1990 the aggregate amount of $3,000,000 for 
all such fiscal years" and inserting "each of the fiscal years 
1992,1993, and 1994, $1,000,000"; 
(H) by striking subsection (fX3); and 
(I) by striking subsection (g) and inserting the 
following: 
Reports. 
"(gXl) The Commissioner, in consultation with the Office, shall 
submit a report to the President pro tempore of the Senate and 
the Speaker of the House of Representatives not later than January 
1 following each fiscal year, regarding the administration of this 
section in such fiscal year. 
"(2) Such report shall include the views and recommendations 
of the Commissioner with respect to the revolving loan fimd estab-
lished under subsection (a)(1) and with respect to loans made from 
such fund, and shall— 
"(A) describe the effectiveness of the operation of such 
fund in improving the economic and social self-sufficiency of 
Native Hawaiians; 
"(B) specify the number of loans made in such fiscal year; 
"(C) specify the number of loans outstanding as of the 
end of such fiscal year; and 
"(D) specify the number of borrowers who fail in such 
fiscal year to repay loans in accordance with the agreements 
under which such loans are required to be repaid."; 
(3) after section 803A (42 U.S.C. 2991b-l) by inserting 
the following: 
PUBLIC LAW 102-375—SEPT. 30, 1992 
106 STAT. 1297 
"ESTABLISHMENT OF ADMINISTRATION FOR NATIVE AMERICANS 
"SEC. 803B. (a) There is established in the Department of 42 use 299lb-2. 
Health and Hiuneui Services (referred to in this title as the 'Depart-
ment') the Administration for Native Americans (referred to in 
this title as the 'Administration'), which shall be headed by a 
Commissioner of the Administration for Native Americans (referred 
to in this title as the 'Commissioner'). The Administration shall 
be the agency responsible for carrying out the provisions of this 
title. 
"(b) The Commissioner shall be appointed by the President, President, 
by and with the advice and consent of the Senate. 
"(c) The Commissioner shall— 
"(1) provide for financial assistance, loan funds, technical 
assistance, training, research and demonstration projects, and 
other activities, described in this title; 
"(2) serve as the effective and visible advocate on behalf 
of Native Americans within the Department, and with other 
departments and agencies of the Federal (jovemment regarding 
all Federal policies affecting Native Americans; 
"(3) with the assistance of the Intra-Departmental Council 
on Native American Affairs established by subsection (dXD, 
coordinate activities within the Department leading to the 
development of policies, programs, and budgets, and their 
administration affecting Native Americans, and provide quar-
terly reports and recommendations to the Secretary; 
"(4) collect and disseminate information related to the social 
and economic conditions of Native Americans, and assist the 
Secretary in preparing an annual report to the Congress about 
such conditions; 
"(5) give preference to individuals who are eligible for 
assistance under this title, in entering into contracts for tech-
nical assistance, training, and evaluation imder this title; and 
"(6) encourage agencies that carry out projects under this 
title, to give preference to such individuals in hiring and enter-
ing into contracts to carry out such projects. 
"(dXD There is established in the Office of the Secretary the Establishment. 
Intra-Departmental Council on Native American Affairs. The 
Commissioner shall be the chairperson of such Council and shall 
advise the Secretary on all matters affecting Native Americans 
that involve the Department. The Director of the Indian Health 
Service shall serve as vice chairperson of the Coiincil. 
"(2) The membership of the Council shall be the heads of 
principal operating divisions within the Department, as determined 
by the Secretary, and such persons in the Office of the Secretary 
as the Secretary may designate. 
"(3) In addition to the duties described in subsection (cX3), 
the Council shall, within 180 days following the date of the enact-
ment of the Native American Programs Act Amendments of 1992, 
prepare a plan, including legislative recommendations, to sdlow 
tribal governments and other organizations described in section 
803(a) to consolidate grants administered by the Department and 
to designate a single office to oversee and audit the grants. Such 
plan shall be submitted to the committees of the Senate and the 
House of Representatives having jurisdiction over the Administra-
tion for Native Americans. 
59-194 O—93 
14:QL3(Pt. 2) 
106 STAT. 1298 
PUBLIC LAW 102-375—SEPT. 30, 1992 
"(e) The Secretary shall assure that adequate staff and adminis-
trative support is provided to carry out the purpose of this title. 
In determining the staffing levels of the Administration, the Sec-
retary shall consider among other factors the unmet needs of the 
Native American population, the need to provide adequate oversight 
and technical assistance to grantees, tne need to carry out the 
activities of the Council, the additional reporting requirements 
established, and the staffing levels previously maintained in support 
of the Administration."; 
(4) by striking section 804 (42 U.S.C. 2991c) and inserting 
the following: 
**TECHNICAL ASSISTANCE AND TRAINING 
"SEC. 804. The Commissioner shall provide, directly or through 
other arrangements— 
"(1) technical assistance to the public and private agencies 
in planning, developing, conducting, and administering projects 
under this title; 
"(2) short-term in-service training for specialized or other 
personnel that is needed in connection with projects receiving 
financial assistance under this title; and 
"(3) upon denial of a grant application, technical assistance 
to a potential grantee in revising a grant proposal."; 
(5) in section 805 (42 U.S.CT. 2991d) by striking "Secretary" 
each place the term appears and inserting "Commissioner*; 
(6) in section 806 (42 U.S.C. 2991d-l) by striking 
"Secretarjr" each place the term appears and inserting 
"Commissioner"; 
(7) in section 807 (42 U.S.C. 2991e) by striking "Secretary" 
each place the term appears and inserting "Commissioner"; 
(8) in section 808 (42 U.S.C. 2991f) by striking "Secretary" 
each place the term appears and inserting "Commissioner"; 
(9) in section 809 (42 U.S.C. 2991g) by striking "Secretary" 
each place the term appears and inserting "Commissioner^; 
(10) in section 810 (42 U.S.C. 2991h)— 
(A) 
by 
striking 
"Secretary" 
and 
inserting 
"Commissioner"; 
(B) by designating the text as subsection (a); and 
(C) by adding at the end the following: 
"(b) If an application is rejected on the grounds that the 
applicant is ineligible or that activities proposed by the applicant 
are ineligible for funding, the applicant may appeal to the Secretary, 
not later than 30 days after the date of receipt of notification 
of such rejection, for a review of the grounds for such rejection. 
On appeal, if the Secretary finds that an applicant is eligible 
or that its proposed activities are eligible, sucn eligibility shall 
not be effective until the next cycle of grant proposals are considered 
by the Administration."; 
(11) in section 811 (42 U.S.C. 2992)— 
(A) by striking "Secretary" each place the term appears 
and inserting "Commissioner*; 
(B) in subsection (a)— 
(i) by inserting "(1)" after "(a)", and 
(ii) by adding at the end the following: 
"(2) The projects assisted imder this title shall be evaluated 
in accordance with this section not less frequently than at 3-year 
intervals."; 
PUBLIC LAW 102-375—SEPT. 30, 1992 
106 STAT. 1299 
(12) after section 811 (42 U.S.C. 2992) by inserting the 
following: 
"ANNUAL REPORT 
"SEC. 811A The Secretary shall, not later than January 31 
42 USC 2992-1. 
of each year, prepare and transmit to the President pro tempore 
of the Senate and the Speaker of the House of Representatives 
an annual report on the social and economic conditions of American 
Indians, Native Hawaiians, other Native American Pacific Islanders 
(including American Samoan Natives), and Alaska Natives, together 
with such recommendations to Congress as the Secretary considers 
to be appropriate."; 
(13) after section 812 (42 U.S.C. 2992a) by inserting the 
following: 
"STAFF 
"SEC. 812A. In all personnel actions of the Administration, 
42 use 2992a-i. 
preference shall be given to individuals who are eligible for assist-
ance imder this title. Such preference shall be implemented in 
the same fashion as the preference given to veterans referred to 
in section 2108(3XC) of title 5, United States Code. The Commis-
sioner shall take such additional actions as may be necessary to 
promote recruitment of such individuals for employment in the 
Administration."; 
(14) by striking section 813 (42 U.S.C. 2992b) and inserting 
the following: 
"ADMINISTRATION 
"SEC. 813. Nothing in this title shall be construed to prohibit 
interagency funding agreements made between the Administration 
and omer agencies of the Federal Government for the development 
and implementation of specific grants or projects."; 
(15) in section 816(a) (42 U.S.C. 2992d(a)>— 
(A) by striking "1988" and all that follows and inserting 
"1992,1993,1994, and 1995."; and 
(B) by striking "and 803A" and inserting a comma 
and "803A, subsection (e) of this section, and any other 
provision of this title for which there is an express 
authorization of appropriations; 
(16) in section 816(b) (42 U.S.C. 2992d(b)) by striking "and 
803A" and inserting a comma and "803A, 804, subsection (e) 
of this section, and any other provision of this title for which 
there is an express authorization of appropriations"; 
(17) in section 816(cXl) (42 U.S.Cf. 2992d(cXl))— 
(A) by striking "(1) Except as provided in paragraph 
(2), there are" and inserting "Tliere are"; and 
(B) by striking "1988,1989,1990, and 1991" and insert-
ing "1992, 1993,1994, and 1995"; 
(18) by striking section 816(cX2) (42 U.S.C. 2992d(cX2)); 
(19) in section 816(d) by striking "1991,"; 
(20) in section 816 (42 U.S.C. 2992d) by adding at the 
end the following: 
"(eXD For fiscal years 1992 and 1993, there are authorized 
to be appropriated such simis as may be necessary for the purpose 
of— 
106 STAT. 1300 
PUBLIC LAW 102-375—SEPT. 30, 1992 
"(A) establishing demonstration projects to conduct 
research related to Native American studies and Indian policy 
development; and 
"(B) continuing the development of a detailed plan, based 
in part on the results of the projects, for the establishment 
of a National Center for Native American Studies and Indian 
Policy Development. 
"(2) Such a plan shall be delivered to the Congress not later 
than 30 days siiter the date of enactment of this subsection."; 
and 
(21) in sections 802, 803(a), 806(aX2), 808, and 815(2) (42 
U.S.C. 2991a, 2991b(a), 2991d-l(aX2), 2991f, and 2992c(2)) by 
striking ''Alaskan Native" each place the term appears and 
inserting "Alaska Native". 
Subtitle D—^White House Conference on 
Aging 
SEC. 831. WHITE HOUSE CONFERENCE ON AGING. 
(a) NAME OF CONFERENCE.—The heading of title II of the Older 
Americans Act Amendments of 1987 (42 U.S.C. 3001 note) is amend-
ed to read as follows: 
"TITLE II—WHITE HOUSE CONFERENCE 
ON AGING'' 
(b) FINDINGS.—Section 201(a) of the Older Americans Act 
Amendments of 1987 (42 U.S.C. 3001 note) is amended— 
(1) in paragraph (1)— 
(A) by striking "51,400,000 in 1986" and inserting 
"52,923,000 in 1990*; and 
(B) 
by 
striking 
"101,700,000" 
and 
inserting 
"103,646,000"; 
(2) in paragraph (2) by striking "every 6" and inserting 
"every 8"; and 
(3) by amending paragraph (3) to read as follows: 
"(3) the out-of-pocket costs to older individuals for health 
care increased from 12.3 percent in 1977 to 18.2 percent in 
1988,". 
SEC. 832. CONFERENCE REQUIRED. 
Section 202 of the Older Americans Act Amendments of 1987 
(42 U.S.C. 3001 note) is amended— 
President. 
(1) in subsection (a) by striking "The President may call 
a White House Conference on Aging in 1991" and inserting 
"Not later than December 31, 1994 the President shall convene 
the White House Conference on Aging"; 
(2) in subsection (c) by striking paragraphs (1) through 
(6) and inserting the following: 
"(1) to increase the public awareness of the interdependence 
of generations and the essential contributions of older individ-
uals to society for the well-being of all generations; 
"(2) to iaentify the problems facing older individuals and 
the commonalities of the problems with problems of younger 
generations; 
PUBLIC LAW 102-375—SEPT. 30, 1992 
106 STAT. 1301 
"(3) to examine the well-being of older individiials, includ-
ing the impact the wellness of older individuals has on our 
aging society; 
"(4) to develop such specific and comprehensive rec-
ommendations for executive and legislative action as may be 
appropriate for maintaining and improving the well-being of 
the aging; 
"(5) to develop recommendations for the coordination of 
Federal policy with State and local needs and the implementa-
tion of such recommendations; and 
"(6) to review the status and multigenerational value of 
recommendations adopted at previous White House Conferences 
on Aging."; and 
(3) in subsection (d)(2) by adding at the end the following: 
"Delegates shall include individuals who are professionals, 
individuals who are nonprofessionals, minority individuals, and 
individuals from low-income families.". 
SEC. 833. CONFERENCE ADMINISTRATION. 
Section 203 of the Older Americans Act Amendments of 1987 
(42 U.S.C. 3001 note) is amended— 
(1) in subsection (a)— 
(A) in paragraph (2), by inserting "(including organiza-
tions representing older Indiansr after "appropriate 
organizations"; 
(B) in paragraph (3)— 
(i) by striking "prepare and"; and 
(ii) by inserting ", prepared by the Policy Commit-
tee," after "agenda"; 
(C) by redesignating paragraphs (1) through (5) as 
paragraphs (2) through (6), respectively; and 
(D) by inserting before paragraph (2), as so redesig-
nated, the following: 
"(1) provide written notice to all members of the Policy 
Committee of each meeting, hearing, or working session of 
the Policy Committee not later than 48 hours before the occur-
rence of such meeting, hearing, or working session,"; 
(2) in subsection (b)— 
(A) in the matter preceding paragraph (1), by striking 
"assure" and inserting "and as part of the White House 
Conference on Aging, ensure"; 
(B) in paragraph (1), by striking "will" and inserting 
"shall"; 
(C) by striking paragraphs (2) and (3); 
(D) by inserting sifter paragraph (1) the following: 
"(2) the agenda prepared under subsection (aX4) for the Federal 
Conference is published in the Federal Register not later than ^
®
^
?
*
®
r
' 
30 days after such agenda is approved by the Policy Committee, 
^" ^^^ ^°"' 
and the Secretary may republish such agenda together with 
the recommendations of the Secretary regarding such agenda,"; 
and 
(E) by redesignating paragraphs (4) through (6) as 
paragraphs (3) through (5), respectively; and 
(3) by adding at the end the following: 
"(c) GIFTS.—^The Secretary may accept, on behalf of the United 
States, gifts (in cash or in kind, including volimtary and imcompen-
sated services), which shall be available to carry out this title. 
106 STAT. 1302 
PUBLIC LAW 102-375—SEPT. 30, 1992 
Gifts of cash shall be available in addition to amounts appropriated 
to carry out this title. 
"(d) 
RECORDS.—^The 
Secretary 
shall 
maintain 
records 
regarding— 
(1) the sources, amoimts, and uses of gifts accepted under 
subsection (c); and 
"(2) the identity of each person receivin|^ assistance to 
carry out this title, and the amount of such assistance received 
by each such person.". 
SEC. 834. POLICY COMMITTEE; RELATED COMMITTEES. 
Section 204 of the Older Americans Act Amendments of 1987 
(42 U.S.C. 3001 note) is amended— 
(1) by amending the heading to read as follows: 
<«EC. 204. POUCY COMMITTEE; RELATED COMMnTEES."; 
(2) in subsection (b) by striking "(b) OTHER COMMIT-
TEES.—" and inserting the following: 
"(2) OTHER COMMITTEES.—"; 
(3) in subsection (a)— 
(A) by striking "(a) ADVISORY 
COMMITTEE.—The 
Secretary" and inserting "(b) ADVISORY AND OTHER 
COMMITTEES.— 
"(1) IN GENERAL.—The President"; and 
President. 
(B) by adding at the end the following: "The President 
shall consider for appointment to the advisory committee 
individuals recommended by the Policy Committee."; 
(4) by inserting before subsection (b), as so redesignated, 
the following: 
"(a) PoucY COMMITTEE.— 
"(1) 
ESTABLISHMENT.—There is established a Policy 
Committee comprised of 25 members to be selected, not later 
than 90 days after the enactment of the Older Americans 
Act Amendments of 1992, as follows: 
"(A) PRESIDENTIAL APPOINTEES.—Thirteen members 
shall be selected by the President and shall include— 
"(i) 3 members who are officers or employees of 
the United States; and 
"(ii) 10 members with experience in the field of 
aging, who may include representatives of public aging 
agencies, institution-based organizations, and minority 
a^ng organizations. 
"(B) HOUSE APPOINTEES.—Four members shall be 
selected by the Speaker of the House of Representatives, 
after consultation with the Minority Leader of the House 
of Representatives, and shall include members of the 
Committee on Education and Labor of the House of Rep-
resentatives, the Committee on Ways and Means of the 
House of Representatives, and the Select Committee on 
Aging of the House of Representatives. Not more than 
3 members selected under this subparagraph may be associ-
ated or affiliated with the same political party. 
"(C) SENATE APPOINTEES.—^Four members shall be 
selected by the Majority Leader of the Senate, after con-
sultation with the Minority Leader of the Senate, and 
shall include members of the Committee on Labor and 
Human Resources of the Senate, the Committee on Finance 
of the Senate, and the Special Committee on Aging of 
PUBLIC LAW 102-375—SEPT. 30, 1992 
106 STAT. 1303 
the Senate. Not more than 3 members selected under this 
subparagraph may be associated or affiUated with the same 
poUtical party. 
"(D) 
JOINT 
APPOINTEES.—Four members 
shall 
be 
selected jointly by the Speaker of the House of Representa-
tives and the Majority Leader of the Senate, after consulta-
tion with the minority leaders of the House and Senate, 
and shall include representatives with experience in the 
field of aging, who may include representatives described 
in subsection (aXlXAXii). Not more than 2 members 
selected imder this subparagraph may be associated or 
affiliated with the same political party. 
"(2) 
DUTIES OF THE POLICY 
COMMITTEE.—The Policy 
Committee shall initially meet at the call of the Secretary, 
but not later than 30 days after the last member is selected 
under subsection (a). Subsequent meetings of the Policy 
Committee shall be held at the call of the chairperson of the 
Policy Committee. Through meetings, hearings, and working 
sessions, the Policy Committee shall— 
"(A) make recommendations to the Secretary to facili-
tate the timely convening of the Conference; 
"(B) formulate and approve a proposed agenda for the 
Conference not later than 60 days after the first meeting 
of the Policy Committee; 
"(C) make recommendations for participants and dele-
gates of the Conference; 
"(D) establish the number of delegates to be selected 
under section 202(dX2); and 
"(E) formulate and approve the initial report of the 
Conference in accordance with section 205. 
"(3) QUORUM; COMMITTEE VOTING; CHAIRPERSON.— 
"(A) QUORUM.—^Thirteen members shall constitute a 
quorum for the purpose of conducting the business of the 
Policy Committee, except that 17 members shall constitute 
a quorum for purposes of approving the agenda required 
by paragraph (2XB) and the report required by paragraph 
(2XE). 
"(B) VOTING.—The Policy Committee shall act by the 
vote of the majority of the members present. 
"(C) CHAIRPERSON.—The President shall select a chair-
person from among the members of the Policy Committee. 
The chairperson may vote only to break a tie vote of the 
other members of the Policy Committee."; and 
(5) in the first sentence of subsection (c)— 
(A) by striking "Each such committee" and inserting 
"Each committee established under subsection (b)"; and 
(B) by inserting ", smd individuals who are Native 
Americans" before the period at the end. 
SEC. 836. REPORT OF THE CONFERENCE. 
Section 205 of the Older Americans Act Amendments of 1987 
(42 U.S.C. 3001 note) is amended— 
(1) in subsection (a) by striking "60" and inserting "90"; 
(2) in subsection (b) by striking "Secretary, not later than 
180" and inserting "Policy Committee, not later than 90"; 
(3) in subsection (c)—• 
Reports. 
President. 
106 STAT. 1304 
PUBLIC LAW 102-375—SEPT. 30, 1992 
(A) by striking "(c) FINAL REPORT.—The Secretary" 
and inserting the following: 
"(c) REPORTS.— 
"(1) INITIAL REPORT.—The Policy Committee"; 
(B) by striking "prepare a final report" and inserting 
"prepare and approve an initial report"; and 
(C) by adding at the end the following: 
Federal 
«(2) Not later than 60 days after such initial report is 
SjWication 
transmitted by the Policy Committee, the Secretary shsJl pub-
lish such initial report in the Federal Register. The Secretary 
may republish a final report together with such additional 
views and recommendations as the Secretary considers to be 
appropriate."; and 
(4) in subsection (d)— 
(A) in the heading of such subsection by striking "SEC-
RETARY" and inserting "POLICY COMMITTEE"; and 
(B) by striking "Secretary" and inserting "Policy 
Committee". 
SEC. 836. AUTHORIZATION OF APPROPRIATIONS. 
Section 207 of the Older Americans Act Amendments of 1987 
(42 U.S.C. 3001 note) is amended to read as follows: 
"SEC. 207. AUTHORIZATION OF APPROPRIATIONS. 
"(a) AUTHORIZATION.— 
"(1) IN GENERAL.—^There are authorized to be appropriated 
such sums as may be necessary for fiscal years 1992 through 
1994 to carry out this title. 
"(2) CONTRACTS.—Authority to enter into contracts imder 
this title shall be effective only to the extent, or in such amounts 
as are, provided in advance in appropriations Acts. 
"(b) AVAILABILITY OF FUNDS.— 
"(1) IN GENERAL.—Except as provided in paragraph (3), 
fimds appropriated to carry out this title and funds received 
as gifts imder section 203(c) shall remain available for obliga-
tion or expenditure until June 30, 1995, or the expiration 
of the one-year period beginning on the date the Conference 
adjourns, whichever occurs earlier. 
"(2) UNOBLIGATED FUNDS.—^Except as provided in para-
graph (3), any such funds neither expended nor obligated before 
June 30, 1995, or the expiration of the one-year period begin-
ning on the date the Conference adjourns, whichever occurs 
earlier, shall be available to carry out the Older Americans 
Act of 1965 (42 U.S.C. 3001 et seq.). 
"(3) CONFERENCE NOT CONVENED.—If the Conference is not 
convened before June 30, 1994, such funds neither expended 
nor obligated before such date shall be available to carry out 
the Older Americans Act of 1965.". 
42 use 3001 
SEC. 837. SAVINGS PROVISION. 
All personnel assigned or engaged luider section 202(b) or sec-
tion 203(a)(5) of the Older Americans Act Amendments of 1987 
(42 U.S.C. 3001 note) as in effect immediately before the date 
of the enactment of this Act shall continue to be assigned or engaged 
under such section after such date notwithstending the amendments 
made by this subtitle. 
PUBLIC LAW 102-375—SEPT. 30, 1992 
106 STAT. 1305 
SEC. 838. SENSE OF THE CONGRESS. 
It is the sense of the Congress that the White House Conference 
on Aging should consider the impact of the earnings test in effect 
under section 203 of the Social Security Act (42 U.S.C. 403) on 
older individuals who are employed. 
SEC. 839. TECHNICAL AMENDMENTS. 
(a) DEFINITIONS.—Section 206 of the Older Americans Act 
Amendments of 1987 (42 U.S.C. 3001 note) is amended— 
(1) in paragraph (1), by striking "means" and all that 
follows and inserting 'lias the meaning given the term in section 
102(17) of the Older Americans Act of 1965 (42 U.S.C. 
3002(17)),"; and 
(2) in paragraph (4) by striking "authorized in subsection 
(b)". 
(b) TABLE OF CONTENTS.—The table of contents of the Older 
Americans Act Amendments of 1987 (42 U.S.C. note) is amended— 
(1) by striking the item relating to title II and inserting 
the following: 
"TITLE II—WHITE HOUSE CONFERENCE ON AGING"; 
and 
(2) by striking the item relating to section 204 and inserting 
the following: 
"Sec. 204. Policy committee; related committees.". 
TITLE IX—GENERAL PROVISIONS 
SEC. 901. LIMITATION ON AUTHORITY TO ENTER INTO CONTRACTS. 
42 USC 3001 
Any authority to enter into contracts under this Act or an 
amendment made by this Act shall be effective only to the extent 
or in such amoimts as are provided in advance in appropriations 
Acts. 
SEC. 902. REGULATIONS. 
42 USC 3001 
Except as otherwise specifically provided, the Secretary of 
Health and Human Services shall, not later than 120 days after 
the date of the enactment of this Act, issue proposed regulations 
to carry out the amendments made by titles I through VII. 
SEC. 903. SENSE OF CONGRESS. 
(a) IN GENERAL.—It is the sense of the Congress that a recipient 
of a grant or other Federal financial assistance awarded under 
this Act or an amendment made by this Act to assist the recipient 
in purchasing equipment or products should, in expending the 
assistance, purchase American-made equipment or products, respec-
tively. 
(b) NOTICE.—^The Secretary of Health and Human Services 
shall provide procedures to inform such recipients of the sense 
of the Congress under subsection (a). 
SEC. 904. TECHNICAL AMENDMENTS. 
(a) The Older Americans Act of 1965 (42 U.S.C. 3001-3057n) 
is amended— 
(1) in section 101(8) by striking "the vulnerable elderly" 42 use 3001. 
and inserting "vulnerable older individuals"; 
106 STAT. 1306 
PUBLIC LAW 102-375—SEPT. 30, 1992 
42 use 3002. 
(2) in section 102(2) by striking "Virgin Islands" and insert-
ing "United States Virgin Islands"; 
42 use 3011. 
(3) in section 201(cX3)— 
(A) in subparagraphs (AXi), (B), (E), and (G) by insert-
ing "individuals who are" after "older" the first place it 
appears in each of such subparagraphs; 
(B) in subparagraph (B) by striking "older Native 
Americans" the last place it appears and inserting "such 
individuals"; and 
(C) in subparagraph (E) by striking "the Act" and 
inserting "this Act"; 
42 use 3012. 
(4) in section 202— 
(A) in subsection (a)— 
(i) in paragraph (1) by striking "the elderly" each 
place it appears and inserting "older individuals"; 
(ii) in paragraph (15)— 
(I) by striking "the elderly" and inserting 
"older individuals"; and 
(II) by striking "older people" and inserting 
"such individuals"; and 
(iii) in paragraphs (13), (15), (16), and (17) by 
striking "purposes" and inserting "objectives"; 
(B) in subsection (b)— 
(i) in paragraph (1) by striking "with health sys-
tems agencies designated under section 1515 of the 
Public Health Service Act (42 U.S.C. 3001--i),"; and 
(ii) in paragraph (3) by striking "the elderljr^ and 
inserting "older individuals ; 
42 use 3013. 
(5) in section 203(b) by striking "purposes" the second 
place it appears and inserting "objectives"; 
42 use 3015. 
(6) in section 204— 
(A) in subsection (bX4) by striking "the daily rate speci-
fied for grade GS-18 in section 5332" and inserting "the 
daily equivalent of the rate specified for level V of the 
Executive Schedule imder section 5316"; and 
(B) in paragraphs (1), (3), and (4) of subsection (d), 
as amended by section 205(c), by striking "Americans" and 
inserting "individuals"; 
42 use 3016. 
(7) in section 205(aXl), as so redesignated by section 206— 
(A) by striking "purposes" anal inserting "objectives"; 
and 
(B) by striking "to:" and inserting "to—"; 
42 use 3018. 
(8) in section 207(aX4) by striking "the greatest economic 
or social needs" and inserting "greatest economic need and 
older individuals with greatest social need"; 
42 use 3020b. 
(9) the last sentence of section 211 is amended by striking 
"purposes" and inserting "objectives"; 
42 use 3024. 
fio) in section 304(aXl)— 
(A) by striking "aged 60 or older" each place it appears, 
and inserting "of older individuals"; 
(B) by striking "Virgin Islands" each place it appears 
and inserting "United States Virgin Islands ; and 
(C) in the last sentence by striking "clause" and insert-
ing "subparagraph"; 
42 use 3025. 
(11) in section 305— 
(A) in subsection (a)— 
(i) in paragraph (1)— 
PUBLIC LAW 102-375—SEPT. 30, 1992 
106 STAT. 1307 
(I) in subparagraph (D) by striking "the 
elderljT^ each place it appears and inserting "older 
individuals"; 
(II) in subparagraph (E) by striking "individ-
uals aged 60 and older^ and inserting "older 
individuals"; and 
(III) in subparagraph (E) by striking "Indians" 
and inserting individuals who are Incuans"; and 
(ii) in paragraph (2)— 
(I) in the matter preceding subparagraph (A) 
by striking "clause" and inserting "paragraph"; 
(II) 
in 
subparagraph 
(D) 
by 
striking 
"subclause" and inserting "subparagraph"; and 
(III) in subparagraph (E) by striking "the 
greatest economic or social needs" and inserting 
"greatest economic need and older individuals with 
greatest social need"; 
(B) in subsection (b)— 
(i) in paragraphs (1) and (4) by striking "clause 
(1) of subsection (a)" and inserting "subsection (aXD"; 
and 
(ii) in paragraph (2) by striking "designated under 
such clause" and inserting "designated imder sub-
section (aXD"; and 
(C) in subsection (d) by striking "clause" and inserting 
"paragraph"; 
(12) in section 30&— 
42 USC 3026. 
(A) in subsection (a)— 
(i) in paragraph (1) by striking "Indians" and 
inserting "individuals who are Indians ; 
(ii) in paragraph (2XB) by striking "elderly" and 
inserting "older individuals who are"; and 
(iii) in paragraph (5XAXi) by striking "the greatest 
economic or social needs" and inserting "greatest eco-
nomic need and older individuals with greatest social 
need"; and 
(iv) in paragraph (6)— 
(I) in subparagraph (D) by striking "the 
elderly" each place it appears and inserting "older 
individuals"; 
(II) in subparagraph (G) by striking "clause" 
and inserting "paragraph"; 
(III) in subparagraph (N) by striking "Indians" 
the first place it appears and inserting "individuals 
who are Indians"; and 
(IV) in subparagraph (N) by striking "elder 
Indians in such area and shall inform such older 
Indians" and inserting "such individuals in such 
area and shall inform such individuals"; and 
(B) in subsection (b)— 
(i) in paragraph (1)— 
(I) by inserting "on aging" after "area agency" 
the first place it appears; and 
(II) by striking "clause" each place it appears 
and inserting "paragraph"; and 
(ii) in paragraph (2XD) by striking "clause" and 
inserting "paragraph"; 
106 STAT. 1308 
PUBLIC LAW 102-375—SEPT. 30, 1992 
42 use 3027. 
(13) in section 307— 
(A) in subsection (a)— 
(i) in paragraph (8) by striking "the greatest eco-
nomic or social needs" and inserting "greatest economic 
need and older individuals with greatest social need"; 
(ii) in paragraph (13)— 
(I) in subpsu'agraph (A) by striking "individ-
uals aged 60 or older" and inserting "older individ-
uals"; 
(II) in subparagraph (A) by striking "the 
elderly^ and inserting "older individuals"; 
(III) 
in 
subparagraph 
(B) 
by 
striking 
"subclause" and inserting "subparagraph"; and 
(IV) in subparagraph (I) by striking "elderly 
participants" and inserting "participating older 
individuals"; 
(iii) in paragraph (14XD) by striking "clause" and 
inserting "subparagraph"; and 
(iv) in paragraph (16XB) by striking "clause" and 
inserting "paragraph"; and 
(B) in subsection (bX2) by striking "clause" and insert-
ing "paragraph"; 
42 use 3028. 
(14) in section 308(b)— 
(A) in paragraphs (IXB) and (2XB) by striking "Virgin 
Islands" and inserting "United States Virgin Islands"; and 
(B) in paragraphs (3XBXiii) and (4) by striking "pur-
poses" each place it appears and inserting "objectives"; 
42 use 3030d. 
(15) in section 321(a)— 
(A) in paragraph (4) by striking "elderljr" and inserting 
"older"; 
(B) in paragraph (14)— 
(i) by striking "older, poor individuals 60 years 
of age or older" and inserting "low-income older individ-
uals"; and 
(ii) by striking "the older poor" and inserting "low-
income older individuals"; and 
(C) in paragraph (15) by striking "clause" and inserting 
"paragraph"; 
42 use 3030bb. 
(16) in section 402(b) by striking "Alcohol" and inserting 
"the Alcohol"; 
42 use 3032. 
(17) in section 412(b) by striking "purposes" and inserting 
"objectives"; 
42 use 3035. 
(18) in section 421(a) by striking "purposes" and inserting 
"obiectives"' 
42 use 3035a. 
(19) in section 422— 
(A) in the second sentence of subsection (aXl) by strik-
ing "the rural elderljr" and inserting "older individuals 
residing in rural areas"; 
(B) in subsection (b)— 
(i) in paragraph (1) by striking "elderly" and insert-
ing "older individuals who are"; 
(ii) in paragraph (2) by striking "the elderly" and 
inserting "older individuals"; 
(iii) in paragraph (6) by striking "the rural elderly" 
and inserting "older individuals residing in rural 
areas"; and 
PUBLIC LAW 102-375—SEPT. 30, 1992 
106 STAT. 1309 
(iv) in paragraph (8) by striking "the rural elderly" 
and inserting "older individuals residing in rural 
areas"; 
(20) in section 602 by striking "older Indians, older Alaskan 
Natives, and older Native Hawaiians" and inserting "older 
individuals who are Indians, older individuals who are Alaskan 
Natives, and older individuals who are Native Hawaiians"; 
(21) in section 611(a)— 
(A) in the matter preceding paragraph (1) by inserting 
"individuals who are" after "oldei^; and 
(B) in paragraph (9) by striking "Indian elderly popu-
lation" and inserting "population of older individuals who 
are Indians"; 
(22) in section 613 by inserting "individuals who are" after 
"older"; and 
(23) in section 614(a)— 
(A) in paragraph (7) by striking "Indians aged 60 and 
older" and inserting "older individuals who are Indians"; 
(B) in paragraph (8) by striking "clause" and inserting 
"paragraph"; and 
(C) in paragraphs (1), (6), (8), and (10) by inserting 
"individuals who are" aJEler "oldei^ each place it appears. 
(b) The Older Americans Community Service Employment Act 
(42 U.S.C. 3056 et seq.) is amended— 
(1) in section 502(bXl)— 
(A) in subparagraph (C) by striking "1954" and insert-
ing "1986"; and 
(B) in subparagraph (J) by striking "persons" each 
place it appears and inserting "individuals"; and 
(2) in paragraphs (3) and (4XA) of section 506(a) by striking 
"Virgin Islands" each place it appears and inserting "United 
States Virgin Islands". 
SEC. 905. EFFECTIVE DATES; APPLICATION OF AMENDMENTS. 
(a) IN GENERAL.—Except as provided in section 811(b), any 
other provision of this Act (other than this section), and in sub-
section (b) of this section, this Act and the amendments made 
by this Act shall take effect on the date of the enactment of 
this Act. 
(b) APPLICATION OF AMENDMENTS.— 
(1) FEDERAL COUNCIL ON AGING.—Incumbent members of 
the Federal Council on Aging may serve on the Coimcil until 
their successors are appointed imder section 204 of the Older 
Americans Act of 1965 (42 U.S.C. 3015) as amended by section 
205 of this Act. 
(2) STATE AND COMMUNITY PROGRAMS ON AGING.—The 
amendments made by sections 303(a)(2), 303(a)(3), 303(f), 304, 
305, 306, 307, 316, 317, and 320 shall not apply with respect 
to fiscal year 1992. 
(3) PROJECT REPORTS.—^The amendments made by sections 
410, 411, 413, 414, 415, 416, 418, and 419 shall not apply 
with respect to fiscal year 1992. 
(4) COMMUNITY SERVICE EMPLOYMENT.—^The amendments 
made by sections 501, 504, and 506 shall not apply with respect 
to fiscal year 1992. 
42 use 3057a. 
42 use 3057b. 
42 use 3057d. 
42 use 3057e. 
42 use 3056. 
42 use 3056d. 
42 use 3001 
note. 
106 STAT. 1310 
PUBLIC LAW 102-375—SEPT. 30, 1992 
(5) INDIAN AND NATIVE HAWAIIAN PROGRAMS.—The amend-
ments made by sections 601 and 603 shall not apply with 
respect to 
fiscal 
year 1992. 
(6) VULNERABLE ELDER RIGHTS PROTECTION ACTivrnES.— 
The amendments made by title VII shall not apply with respect 
to 
fiscal 
year 1992. 
^^- 
Approved September 30, 1992. 
LEGISLATIVE HISTORY—H.R. 2967 (S. 243) (S. 3008): 
HOUSE REPORTS: No. 102-199 (Ctomm. on Education and Labor). 
SENATE REPORTS: No. 102-151 accompanying S. 243 (Ctomm. on Labor and Human 
Resources). 
CONGRESSIONAL RECORD: 
Vol. 137 (1991): Sept. 12, considered and passed House. 
Nov. 12, considered and passed Senate, amended, in lieu of 
S. 243. 
Vol. 138 (1992): Apr. 9, House agreed to Senate amendment with an 
amendment. 
Sept. 15, Senate concurred in House amendment with an 
amendment. 
Sept. 22, House concurred in Senate amendment. 
WEEICLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 28 (1992): 
Sept. 30, Presidential statement. 
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