Older Americans Act Amendments of 1981
PL 97-115 (S.1086), enacted 12/29/1981

PUBLIC LAW 97-115—DEC. 29, 1981 
95 STAT. 1595 
Public Law 97-115 
97th Congress 
An Act 
To extend and revise the Older Americans Act of 1965, and for other purposes. 
Dec. 29, 1981 
[S. 1086] 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That (a) this Act Older Americans 
may be cited as the "Older Americans Act Amendments of 1981". ^^ 
^ 
^ f 
(b) Except as otherwise specifically provided, whenever in this Act ^g™ '"^^ ° 
an amendment or repeal is expressed in terms of an amendment to, 42 use 3001 
or repeal of, a section or other provision, the reference shall be note. 
considered to be made to a section or other provision of the Older 
Americans Act of 1965. 
PURPOSE AND ADMINISTRATIVE AMENDMENTS 
SEC. 2. (a)(1) Section 101(7) is amended by inserting after "cultural," 42 U
S
C 3001. 
the following: "education and training". 
(2) Section 102(1) is amended by striking out "Secretary of Health, 42 U
S
C 3002. 
Education, and Welfare" and inserting in lieu thereof "Secretary of 
Health and Human Services". 
(3XA) Section 102(3) is amended by inserting "the Commonwealth 
of the Northern Mariana Islands," after "Samoa,". . 
(B) Section 102(6) is amended by striking out "The term" and 
inserting in lieu thereof "Except for the purposes of title VI of this 
Act, the term". 
(C) Section 102(7) is amended by striking out "The term" and 
inserting in lieu thereof "Except for the purposes of title VI of this 
Act, the term". 
(bXD The heading for section 202 is amended by striking out 42 use 3012. 
"ADMINISTRATION" and inserting in lieu thereof "COMMISSIONER". 
(2) Section 202(aXl) is amended by striking out "Department of 
Health, Education, and Welfare" and inserting in lieu thereof 
"Department of Health and Human Services". 
(3) Section 202(aX2) is amended by striking out "serve as a clearing-
house for" and inserting in lieu thereof "collect and disseminate . 
(4) Section 202(aX5) is amended by inserting "education and train-
ing services (including" after "hospitalization,", by inserting "and" 
after "training,", and by inserting a closing parenthetical mark after 
"education". 
(5) Section 202(aX8) is amended by inserting before the semicolon at 
the end thereof the following: ", and take whatever action is neces-
sary to achieve coordination of activities carried out or assisted by all 
departments, agencies, and instrumentalities of the Federal Govern-
ment with respect to the collection, preparation, and dissemination of 
information relevant to older individuals". 
(6) Section 202(aX12) is amended by striking out "nonprofit". 
(7) Section 202(aX16) is amended by striking out "nonprofit". 
(c) Section 202(c) is amended by striking out "Action" and inserting 
in lieu thereof "the ACTION Agency". 
(dXD The last sentence of section 203(a) is amended by striking out 42 use 3013. 
"purpose" and inserting in lieu thereof "purposes". 
95 STAT. 1596 
PUBLIC LAW 97-115—DEC. 29, 1981 
42 use 3013. 
(2XA) Section 203(b) is amended by striking out "purpose" and 
inserting in lieu thereof purposes". 
(B)Section203(bXl) is amended by striking out "of 1978". 
(O Section 203(bX8) is repealed. 
(D) Clauses (9) and (10) of section 203(b) are redesignated as clauses 
(8) and (9), respectively. 
(E) Section 203(bX8) (as redesignated by subparagraph (D)) is 
amended by adding after "1965." the following: "title I of the Hi^er 
Education Act of 1965» and the Adult Education Act". 
Repeal 
(eXD Section 204 is repealed. 
42uic^^^^ 
(2) Sections 205 through 214, and aU references thereto, are 
30i5-3020d 
redesignated as sections 204 through 213, respectively. 
42 use 3015. 
(fXD Section 204(c) as so redesignated in subsection (eX2), is 
amended by striking out "but not less often than four times a year" 
and inserting in lieu thereof "at least quarterly". 
(2) Section 204(dX5) (as rede^gnated bv subsection (eX2)) is amended 
by striking out", in consultation with the National Information, and 
Resource Clearing House for the Aging,". 
(3XA) Section 204(g) (as redesignated by subsection (eX2)) is 
repealed. 
(B) Subsection (h) of section 204 (as redesignated by subsection 
(eX2)) is redesignated as subsection (g). 
(4) Section 204(g) (as redesignated by subsection (eX2) and para-
graph (8)(B)) is amended to read as follows: 
"(g) There are authorized to be appropriated to cany out the 
provisions of this section $200,000 for fiscal year 1982, $214,000 for 
£[scalyearl983,and$228,900forfiscalyearl984.". 
42 use 3016. 
(gxi) Section 205(b) (as redesignated by subsection (eX2)) is 
repealed. 
(2) Subsections (c) and (d) of section 205 (as redesignated by 
subsection (eX2)) are redesignated as subsections (b) and (c), 
respectively, 
(h) Section 206(b) (as redesignated by subsection (eX2)) is amended— 
(1) by striking out "under section 308 or"; and 
(2) by striking out "section 208" and inserting in lieu thereof 
"section 207". 
(i) Section 209(b) (as redesignated in subsection (eX2)) is amended by 
striking out "the amendment made by". 
42 use 3020a. 
(|)Section 210(a) (as redesignated by subsection(eX2))is amended by 
stnking out", and of title V of the Act of October 15,1977 (Public Law 
95-134; 91 Stat. 1164),". 
42 use 3020d. 
(k) Section 218 (as redesignated by subsection (eX2)) is amended by 
striking out "the Economic Opportunity Act of 1964" and inserting in 
lieu thereof "titles V m and X of the Economic Opportunity Act of 
1964 and the Conununity Services Block Grant Act'. 
SUPPORTIVE SERVICES AND NUTRITION PROGRAMS 
42 use 3021. 
SEC.8.(a)Section301(bX2)isamended— 
(1) by inserting "the Department of Education," after "cooper-
ationof; 
(2) by striking out '^he Community Services Administration,"; 
and 
(3) by inserting after "Transportation" a comma and the 
following: "the Omce of Commumty Services". 
42 use 3022. 
(bxi) Section 302(3) is amended by inserting after "Social Security 
Act," the last place it appears therein the following: "any category of 
42 use 3017. 
42 use 3020. 
PUBLIC LAW 97-115—DEC. 29, 1981 
95 STAT. 1597 
institutions regulated by a State pursuant to the provisions of section 
1616(e) of the Social Security Act (for purposes of section 307(aX12)),". 
(2) Section 302 is amended by adding at the end thereof the "Education and 
following new paragraph: 
Svke^' 
"(9) The term 'education and training service' means a sup- 42 use 3022. 
portive service designed to assist older individuals to better cope 
with their economic, health, and personal needs through services 
such as consumer education, continuing education, health educa-
tion, preretirement education, financial planning, and other 
education and training services which will advance the objectives 
of this Act.". 
(c)(1) Section 303(a) is amended by striking out "and", and by 42 use 3023. 
inserting after "1981" the following: ", $306,000,000 for fiscal year 
1982, $327,400,000 for fiscal year 1983, and $350,300,000 for fiscal year 
1984," and by striking out "social services" and inserting in lieu 
thereof "supportive services and senior centers". 
(2) Section 303(bXl) is amended by striking out "and", and by 
inserting after "1981" the following: ", $319,100,000 for fiscal year 
1982, $341,400,000 for fiscal year 1983, and $365,300,000 for fiscal year 
1984,". 
(3) Section 3030i)X2) is amended by striking out "and", and by 
inserting after "1981" the following: ", $60,000,000 for fiscal year 
1982, $64,200,000 for fiscal year 1983, and $68,700,000 for fiscal year 
1984,". 
(d) The Older Americans Act of 1965 is amended by striking out 42 use 3001 et 
"social services" each place it appears therein and inserting in lieu *^9-
thereof "supportive services". 
ALLOTMENT; FEDERAL SHARE 
SEC. 4. (a) Section 304(aXl) is amended by striking out "From the 42 use 3024. 
sums appropriated under parts B and C for fiscal years 1979, 1980, 
and 1981," and inserting in lieu thereof "From the sums appropriated 
under parts B and C for each fiscal year,". 
(b) Section 304(dXlXB) is amended by striking out "90 percent in 
fiscal years 1979 and 1980, and 85 percent in fiscal year 1981, of the 
cost of social services and nutrition services authorized under parts B 
and C" and inserting in lieu thereof "85 percent of the cost of 
supportive services, senior centers, and nutrition services under this 
title". 
(c) Section 304(dXl) is amended— 
(1) by striking out "and" at the end of clause (A); 
(2) by redesignating clause (B) as clause (C); and 
(3) by adding sifter clause (A) the following new clause: 
"(B) such amount as the State agency determines to be ade-
quate for conducting an effective ombudsman program under 
section 307(a)(12) shall be available for conducting such program; 
and". 
STATE AGENCY RESPONSIBILITIES 
SEC. 5. (a) Section 305(aXlXE) is amended by striking out "divide the 42 use 3025. 
State into distinct areas" and inserting in lieu thereof "divide the 
State into distinct planning and service areas (or in the case of a State 
specified in subsection O
t
>
X
5
)
, designate the entire State as a single 
planning and service area)". 
(b) Section 305(aX2XA) is amended by striking out "determine for 
which planning and service area an area plan will be developed, in 
accordance with section 306, and for each such area designate," and 
95 STAT. 1598 
PUBLIC LAW 97-115—DEC. 29, 1981 
inserting in lieu thereof "except as provided in subsection (bX5), 
designate for each such area". 
42 use 3025. 
(c) Section 305(b) is amended by adding at the end thereof the 
following new paragraph: 
"(5) A State which on or before October 1, 1980, had designated, 
with the approval of the Commissioner, a single planning and service 
area covering all of the older individuals in the State, in which the 
State agency was administering the area plan, may after that date 
designate one or more additional planning and service areas within 
the State to be administered by public or private nonprofit agencies 
or organizations as area £^encies on aging, after considering the 
factors specified in subsection (aXlXE). iTie State agency shall con-
tinue to perform the functions of an area agency for any area of the 
State not included in a planning and service area for which an area 
agency has been designated.", 
(d) Section 305(c) is amended— 
(1) by striking out "or" at the end of clause (3), 
(2) by inserting "or" at the end of clause (4), and 
(3) by adding after clause (4) the following new clause: 
"(5) in the case of a State specified in subsection (b)(5), the State 
agency;". 
AREA PLANS 
42 use 3026. 
SEC. 6. (a) The first sentence of section 306(a) is amended by striking 
out "for a 3-year period" and inserting in lieu thereof "for a two-, 
three-, or four-year period determined by the State agency,". 
(b) Section 306(aX2) is amended by striking out "at least 50 percent" 
and inserting in lieu thereof "em adequate proportion". 
(cXD Section 306(bXl) is repealed. 
(2)(A) Paragraph (2) of section 306(b) is redesignated as subsection 
(b). 
(B) The first sentence of section 306(b) (as redesignated by subpara-
graph (A)) is amended by striking out "may" and inserting in lieu 
thereof "shall". 
(C) The second sentence of section 306(b) (as redesignated by 
subparagraph (A)) is repealed. 
STATE PLANS 
42 use 3027. 
SEC. 7. (a) The first sentence of section 307(a) is amended by striking 
out "for a 3-year period," and inserting in lieu thereof "for a two-, 
three-, or four-year period determined by the State agency,". 
(b) Section 307(aX13XA) is amended by striking out the comma, and 
by inserting before the semicolon at the end thereof the following: 
", and may be made available to handicapped or disabled individuals 
who have not attained 60 years of age but who reside in housing 
facilities occupied primarily by the elderly at which congregate 
nutrition services are provided". 
(c) Section 307(aX13XB) is amended to read as follows: 
"(B) primary consideration shall be given to the provision 
of meals in a congregate setting, except that each area 
agency (i) may award funds made available under this title 
to organizations for the provision of home delivered meals to 
older individuals in accordance with the provisions of sub-
42 use 3030f. 
part 2 of part C, based upon a determination of need made by 
the recipient of a grant or contract entered into under this 
title, without requiring that such organizations also provide 
PUBLIC LAW 97-115—DEC. 29, 1981 
95 STAT. 1599 
meals to older individuals in a congregate setting; and (ii) 
shall, in awarding such funds, select such organizations in a 
manner which complies with the provisions of subparagraph 
(H);". 
(d) Section 307(a)(13)(C)(ii) is amended by inserting before the 42 use 3027. 
semicolon at the end thereof a comma and the following: "to facilitate 
access to such meals, and to provide other supportive services directly 
related to nutrition services". 
(e) Section 307(aX13XD) is amended by inserting after the clause 
designation the following: "in the case of meals served in a congre-
gate setting,", and by striking out "or home delivered meals are 
furnished to eligible individuals who are homebound". 
(f) Section 307(aX13XI) is amended to read as follows: 
"(I) each area agency shall establish procedures that will allow 
nutrition project administrators the option to offer a meal, on the 
same basis as meals are provided to elderly participants, to 
individuals providing volunteer services during the meal 
hours;". 
(g) Section 307(a) is amended— 
(1) by striking out "and" at the end of paragraph (15) thereof; 
(2) by redesignating paragraph (16) thereof as paragraph (18); 
and 
(3) by inserting after paragraph (15) the following new 
paragraphs: 
"(16) provide, with respect to education and training services, 
assurances that area agencies on aging may enter into grants 
and contracts with providers of education and training services 
which can demonstrate the experience or capacity to provide 
such services (except that such contract authority shall be 
effective for any fiscal year only to such extent, or in such 
amounts, as are provided in appropriations Acts); 
"(17) provide assurances that, if a substantial number of the 
older individuals residing in any planning and service area in the 
State are of limited English-speaking ability, then the State will 
require the area agency on aging for each such planning and 
service area— 
"(A) to utilize, in the delivery of outreach services under 
section 306(aX2XA), the services of workers who are fluent in 42 use 3026. 
the language spoken by a predominant number of such older 
individuals who are of limited English-speaking ability; and 
"(B) to designate an individual employed by the area 
agency on aging, or available to such area agency on aging 
on a full-time basis, whose responsibilities will include— 
"(i) taking such action as may be appropriate to assure 
that counseling assistance is made available to such 
older individuals who are of limited English-speaking 
ability in order to assist such older individuals in partici-
pating in programs and receiving assistance under this 
Act; and 
"(ii) providing guidance to individuals engaged in the 
delivery of supportive services under the area plan 
involved to enable such individuals to be aware of 
cultural sensitivities and to take into account effectively 
linguistic and cultural differences.", 
(h) Section 307(b) is amended by striking out clause (2) and by 
redesignating clause (3) as clause (2). 
95 STAT. 1600 
PUBLIC LAW 97-115—DEC. 29, 1981 
42 u s e 3028. 
Ante, p. 1597. 
42 u s e 3030d, 
3030e. 
Notification. 
42 u s e 3030a. 
Appropriation 
authorization. 
ADMINISTRATION OF STATE PLANS 
SEC. 8. Section 308(b) is amended by adding at the end thereof the 
following new paragraph: 
"(6) Notwithstanding any other provisions of this title, with respect 
to funds received under subsection (a) and subsection (b) of section 
303, a State may elect to transfer not more than 20 per centum of the 
funds appropriated for any fiscal year between programs under part 
B and part C of this title, for use as the State considers appropriate. 
The State shall notify the Commissioner of any such election.". 
AVAILABILITY OF SURPLUS COMMODITIES 
SEC. 9. (a) The first sentence of section 311(aX4) is amended— 
(1) by striking out "In" and inserting in lieu thereof "Subject to 
the authorization of appropriations specified in subsection (d), 
in"; and 
(2) by striking out "during the three succeeding fiscal years" 
and inserting in lieu thereof "for each fiscal year thereafter". 
O
^
X
D Subsection O
^
) of 
section 311 is repealed. 
(2) Subsection (c) of section 311 is redesignated as subsection (b). 
(c) Section 311 (as amended by subsection (b) of this section) is 
amended by adding at the end thereof the following new subsection: 
"(dXD There are authorized to be appropriated $93,200,000 for 
fiscal year 1982, $100,000,000 for fiscal year 1983, and $105,000,000 for 
fiscal year 1984, to carry out the provisions of this section (other than 
the provisions of subsection (aXl)) and such additional sums as may be 
necessary for each such fiscal year to maintain the level of reimburse-
ment for the number of meals served under such provisions in fiscal 
year 1981. 
"(2) In any fiscal year in which compliance with subsection (aX4) of 
this section costs more than the amounts authorized under para-
graph (1) of this subsection for that fiscal year the Secretary of 
Agriculture shall reduce the cents per meal level determined pursu-
ant to subsection (a)(4) for that fiscal year as necessary to meet the 
authorization of appropriation for that fiscal year.". 
SERVICES PROGRAMS 
42 use 3030d. 
SEC. 10. (a) Section 321(aXl) is amended by striking out "continuing 
education" and inserting in lieu thereof "education and training". 
(b) Section 321(aX4) is amended— 
(1) by inserting "(A)" after "designed"; 
(2) by striking out "or" and inserting in lieu thereof a semi-
colon and "(B)"; and 
(3) by inserting before the semicolon at the end thereof the 
following: "; or (C) to prevent unlawful entry into residences of 
elderly individuals, through the installation of security devices 
and through structural modifications or alterations of such 
residences'. 
(c) Section 321 is amended by striking out "or" at the end of clause 
(11), by redesignating clause (12) as clause (15), and by inserting after 
clause (11) the following new clauses: 
"(12) services to encourage the employment of older workers, 
including job counseling and, where appropriate, job develop-
ment, referral, and placement; 
"(13) crime prevention services and victim assistance programs 
for older individuals; 
PUBLIC LAW 97-115—DEC. 29, 1981 
95 STAT. 1601 
"(14) a program, to be known as 'Senior Opportunities and 
Services', designed to identify and meet the needs of older, poor 
individuals 60 years of age or older in one or more of the 
following areas: (A) development and provision of new volunteer 
services; (B) effective referral to existing health, employment, 
housing, legal, consumer, transportation, and other services; (C) 
stimulation and creation of additional services and programs to 
remedy gaps and deficiencies in presently existing services and 
programs; and (D) such other services as the Commissioner may 
determine are necessary or especially appropriate to meet the 
needs of the older poor and to assure them greater self-suffi-
ciency; or". 
(d) The heading for part B of title III is amended to read as follows: 
"SUPPORTIVE SERVICES AND SENIOR CENTERS". 
(e) Section 337 is amended by striking out "National Association of 42 use 3030g. 
Title VII Project Directors" and inserting in lieu thereof "National 
Association of Nutrition £md Aging Services Programs". 
REVISION OF TRAINING, RESEARCH, AND DISCRETIONARY PROJECTS AND 
PROGRAMS 
SEC. 11. (a) Title IV is amended to read as follows: 
"TITLE IV—TRAINING, RESEARCH, AND DISCRETIONARY 
PROJECTS AND PROGRAMS 
"PART A—EDUCATION AND TRAINING 
"TRAINING AND RECRUITING PERSONNEL FOR THE FIELD OF AGING 
"SEC. 411. The Commissioner may make grants to any public or 42 use 3031. 
nonprofit private agency, organization, or institution, and may enter 
into contracts with any agency, organization, or institution, to assist 
the Commissioner in recruiting persons to enter the field of aging, 
training volunteers and persons employed in or preparing for employ-
ment in the field of aging (including such stipends to persons 
participating in training programs as the Commissioner may find 
appropriate), technical assistance, and other activities related to such 
training. 
"MULTIDISCIPLINARY CENTERS OF GERONTOLOGY 
"SEC. 412. The (Dommissioner may make grants to public and 42 use 3032. 
private nonprofit agencies, organizations, and institutions for the 
purpose of establishing or supporting multidisciplinary centers of 
gerontology, and gerontology centers of special emphasis. 
"PART B—RESEARCH, DEMONSTRATIONS, AND OTHER ACTIVITIES 
"RESEARCH AND DEVELOPMENT PROJECTS 
"SEC. 421. The Commissioner may make grants to any public or 42 use 3035. 
nonprofit private agency, organization, or institution, and may enter 
into contracts with any agency, organization, institution, or individ-
ual to support research and development related to the purposes of 
this Act, evaluation of the results of such research and development 
activities, and collection and dissemination of information concern-
ing research findings, demonstration results, and other materials 
95 STAT. 1602 
PUBLIC LAW 97-115—DEC. 29, 1981 
developed in connection with activities assisted under this title, and 
conducting of conferences and other meetings for purposes of 
exchange of information and other activities related to the purposes 
of 
this title. 
"DEMONSTRATION PROJECTS 
42 use 3035a. 
"ggc 422. (a) The Ctommissioner may, after consultation with the 
State agency in the State involved, make grants to any public agency 
or nonprofit private organization or enter into contracts with any 
agency or oiganization within such State for paying part or all of the 
cost of developing or operating nationwide, statewide, regional, 
metropolitan area, county, cify, or community model projects which 
will demonstrate methods to improve or expand supportive services 
or nutrition services or otherwise promote the weU-bein^ of older 
individuals. The Commissioner shall give special consideration to the 
funding of rural area agencies on aging to conduct model projects 
devoted to the social needs of the rural elderly Such projects 
.shall 
include alternative health care delivery systems, advocacy and out-
reach programs, and transportation services. 
"(b) In making grants and contracts under this section, the Com-
missioner shall give special consideration to projects designed to— 
"(1) meet the special health care needs of the elderly, 
including— 
"(A) the location of older individuals who are in need of 
mental health services; 
"(B) the provision of, or arrangement for the provision of, 
medical differential diagnoses of older individuals to distin-
guish between their need for mental health services and 
other medical care; 
"(C) the specification of the mental health needs of older 
individuals, and the mental health and support services 
required to meet such needs; and 
"(D) the provision of— 
"(i) the mental health and support services specified 
in clause (C) in the communities; or 
"(iij such services for older individuals in nursing 
homes and intermediate care facilities, and training of 
the employees of such homes and facilities in the provi-
sion of 
such services; 
"(2) assist in meeting the special housing needs of older 
individuals by— 
"(A) providing financial assistance to such individuals, 
who own their own homes, necessary to enable them (i) to 
make the repairs or renovations to their homes, which are 
necessary for them to meet minimum standards, and (ii) to 
install securit}^ devices, and to make structural modifica-
tions or alterations, designed to prevent unlawful entry; and 
"(B) studying and demonstrating methods of adapting 
existing housing, or construction of 
new housing, to meet the 
needs of older individuals suffering from physical disabil-
ities; 
"(3) provide education and training to older individuals de-
signed to enable them to lead more productive lives by broaden-
ing the education, occupational, cultural, or social awareness of 
such older 
individuals; 
"(4) provide preretirement education information and relevant 
services (including the training of personnel to cany out such 
PUBLIC LAW 97-115—DEC. 29, 1981 
95 STAT. 1603 
programs and the conduct of research with respect to the 
development and operation of such programs) to individuals 
planning retirement; 
"(5) meet the special needs of, and improve the delivery of 
services to, older individuals who are not receiving adequate 
services under other provisions of this Act, with emphasis on the 
needs of low-income, minority, Indian, and limited English-
speaking individuals and the rural elderly; 
"(6) develop or improve methods of coordinating all available 
supportive services for the homebound elderly, blind, and dis-
abled by establishing demonstration projects in ten States, in 
accordance with subsection (c); and 
"(7) improve transportation systems for the rural elderly. 
"(c) The Commissioner shall consult with the Commissioner of the 
Rehabilitation Services Administration, the Commissioner of the 
Social Security Administration, and the Surgeon General of the 
Public Health Service, to develop procedures for— 
"(1) identifying elderly, blind, and disabled individuals who 
need supportive services; 
"(2) compiling a list in each community of all services available 
to the elderly, blind, and disabled; and 
"(3) establishing an information and referral service within 
the appropriate community agency to— 
"(A) inform those in need of the availability of such 
services; and 
"(B) coordinate the delivery of such services to the elderly, 
blind, and disabled. 
The Commissioner shall establish procedures for administering dem-
onstration projects under subsection (b)(6) not later than 6 months 
after the effective date of this subsection. The Commissioner shall Report to 
report to the Congress with respect to the results and findings of the Congress. 
demonstration projects conducted under this section at the comple-
tion of the projects. 
"SPECIAL PROJECTS IN COMPREHENSIVE LONG-TERM CARE 
"SEC. 423. (a)(1) The Commissioner may— 
42 USC 3035b. 
"(A) make grants to selected State agencies, designated under 
section 305(a)(1), and, in consultation with State agencies, 42 USC 3025. 
selected area agencies on aging designated under section 
305(a)(2)(A), institutions of higher education, and other public ^"*«' P-1597. 
agencies and nonprofit private organizations; and 
"(B) enter into contracts with any agency, organization, or 
institution (except that such contract authority shall be effective 
for any fiscal year only to such extent, or in such amounts, as are 
provided in appropriations Acts); 
to support the development of comprehensive, coordinated systems of 
community long-term care for older individuals, with special empha-
sis upon services designed to support alternatives to institutional 
living and the assessment of need, the development of a plan of care, 
and the referral of individuals, in the delivery of long-term care 
services, including noninstitutional and institutional services, where 
apjpropriate. 
'(2) A grant under this section may be made to pay part or all of the 
estimated cost of the program (including startup cost) for a period of 
not more than 3 years, except that no funds may be used to pay for 
direct services which are eligible for reimbursement under title 
XVIII, title XIX, or title XX of the Social Security Act. 
42 USC 1395, 
^ 
1396, 1397. 
95 STAT. 1604 
PUBLIC LAW 97-115—DEC. 29, 1981 
"(3) A grant made under this section shall be used for the develop-
ment of programs which provide a full continuum of services. Such 
services may include adult day health care; monitoring and evalua-
tion of service effectiveness; supported living in public and private 
nonprofit housing; family respite services; preventive health services; 
home health, homemaker, and other rehabilitative and maintenance 
in-home services; services provided by geriatric health maintenance 
organizations; and other services which the Commissioner deter-
mines are appropriate, and which, at a minimum, provide for 
identification and assessment of the long-term care needs of older 
individuals, referral of such individuals to the appropriate services, 
and follow-up and evaluation of the continued appropriateness of 
such services with provision for re-referral as appropriate. 
"(b)(1) In making grants to States under this section, preference 
shall be given to applicants which demonstrate that— 
"(A) adequate State standards have been developed to ensure 
the quality of services provided; 
"(B) the State has made a commitment to carry out the 
program assisted under this section with the State agency 
42 use 1396. 
responsible for the administration of title XIX of the Social 
42 use 1397. 
Security Act or title XX of the Social Security Act, or both such 
agencies; 
"(C) the State will develop plans to finance the comprehensive 
program assisted under this section; and 
"(D) the State agency has a plan for statewide or designated 
regions of the State containing provisions designed to maximize 
access by older individuals to long-term care services. 
"(2) In awarding grants to or entering into contracts with agencies 
and organizations under this section, preference shall be given to 
applicants that possess the capability to establish community-based 
long-term care programs and demonstrate that a need exists for the 
establishment of such programs in the area to be served. 
Evaluations. 
"(3) Agencies and organizations assisted under this section shall 
establish procedures for evaluating the program assisted under this 
section, with respect to the benefits accruing to persons receiving 
assistance, the feasibility of the administrative model used for com-
prehensive coordination of services including coordination with other 
local programs, and the comparative costs and quality of services 
provided, and shall submit such evaluation to the Commissioner on a 
periodic basis. 
"(c) The Secretary shall involve appropriate Federal departments 
and agencies in carrying out the provisions of this section in order to 
assure coordination at the Federal level and to avoid duplication and 
shall include in the annual report to the Congress required by section 
Ante, p. 1596. 
207, a report on the impact of grants made, or contracts entered into, 
on the experiences of grantees £ind contractors in meeting the 
requirements of this section, and on the comparative benefits and 
costs of projects assisted under this section. 
"(d) Sums appropriated to carry out this section shall, to the extent 
feasible, be used to support programs equitably distributed through-
out the Nation between urban and rural areas. 
"SPECIAL DEMONSTRATION PROJECTS ON LEGAL SERVICES FOR OLDER 
AMERICANS 
42 use 3035c. 
"SEC. 424. (a) The Commissioner shall make grants to, and enter 
into contracts with, public and private nonprofit agencies or organi-
zations in order to— 
PUBLIC LAW 97-115—DEC. 29, 1981 
95 STAT. 1605 
"(1) provide support activities to State and area agencies on 
aging providing, developing, or supporting legal services to older 
individuals; and 
"(2) support demonstration projects to ejroand or improve the 
deliveix of legal services to older individuals with social or 
economic need. 
"(b) Any grants or contracts entered into under subsection (aX2) 
shall contain assurances that the requirements of section 307(aX15) 
are met. 
"NATIONAL IMPACT ACTIVITIES 
"SEC. 425. The Commissioner may carry out directly or through 
grants or contracts— 
"(1) innovation and development projects and activities of 
national significance which show promise of having substantial 
impact on the expansion or improvement of supportive services, 
nutrition services, or multipunJOse senior centers, or otherwise 
promoting the well-being of 
older individuals; and 
"(2) dissemination of information activities related to such 
programs. 
"(b) ^ amount not to exceed 15 percent of an^ sums appropriated 
under 
section 431 may be used for carrying out tms section. 
"UTILITY AND HOME HEATING COST DEMONSTRATION PROJECTS 
"SEC. 426. The Secretary may, after consultation with the appropri-
ate State agency designated under section 805(aXl), make grants to 
pay for part or all of the costs of developing model projects which 
show promise of relieving older inchviduails of the excessive burdens 
of high utility service and home heating costs. Any such project shall 
give special consideration to projects under which a business concern 
engaged in providing home heating oil or utility services to low-
income older individuals at a cost wnich is substantially lower than 
providing home heating oil or utility services to other individuals. 
"PART CMJENERAL PROVISIONS 
42 use 3027. 
42 use 3035d. 
Infra. 
42 use 3035e. 
42 use 3025. 
"AUTHORIZATION OF APPROPRIATIONS 
"SEC. 431. (a) There are authorized to be appropriated to carry out 42 use 3037. 
the provisions of 
this title $23,200,000 for fiscal year 1982, $24,800,000 
forfiscalyear 1983, and $26,600,000 for fiscal year 1984. 
"(b) No funds appropriated under this title— 
"(1) may be transferred to any office or other authority of the 
Federal Government which is not directly responsible to the 
Commissioner; or 
"(2) may be used for any program or activity which is not 
specifically authorized by tms title. 
Transfer of 
funds. 
'PAYMENTS OF GRANTS 
"SEC. 432. (a) To the extent he deems it appropriate, the Commis-
sioner shall require the recipient of any grant or contract under this 
title to contribute money, facilities, or services for carrying out the 
project for which such grant or contract was made. 
Qo) Pavments under this title pursuant to a grant or contract may 
be made (after necessary adjustment, in the case of 
grants, on account 
of previously made overpayments or underpayments) in advance or 
42 use 3037a. 
95 STAT. 1606 
PUBLIC LAW 97-115—DEC. 29, 1981 
42 u s e 3021. 
Ante, p. 1596. 
42 u s e 3015. 
42 u s e 3030. 
by way of reimbursement, and in such installments and on such 
conditions, as the Commissioner may determine. 
"(c) The Commissioner shall make no grant or contract under this 
title in any State which has established or designated a State agency 
for purposes of title III unless the Commissioner has consulted with 
such State agency regarding such grant or contract.". 
(b)(1) Section 204(dX2) (as redesignated by section 2(e)(2)) is 
amended by striking out "the appraisal of needs required by section 
402" and inserting in lieu thereof "an appraisal of needs pursuant to 
the functions carried out by the Commissioner under section 411". 
(2) Section 310 is amended by striking out "section 421" each place 
it appears therein and inserting in lieu thereof "section 422". 
COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS 
42 use 3056. 
SEC. 12. (a)(1) Section 502(a) is amended by striking out "and who 
have poor employment prospects". 
(2) Section 502(b)(1)(E) is amended by striking out "whose opportu-
nities for other suitable public or private paid employment are poor". 
42 use 3056e. 
(3) Section 507(2) is amended by striking out "and who has or would 
have difficulty in securing employment,". 
(h)(1) Section 502(c)(1) is amended by striking out "Community 
Services Administration" and inserting in lieu thereof "Office of 
Community Services of the Department of Health and Human 
Services". 
42 use 3056c. 
(2) Section 505(b) is amended by striking out "the Director of the 
Community Services Administration, the Secretary of Health, Educa-
tion, and Welfare" and insert in lieu thereof ", the Director of the 
Office of Community Services, the Secretary of Health and Human 
Services", 
(c) Section 502(e) is amended to read as follows: 
"(e)(1) The Secretary, in addition to any other authority contained 
in this title, shall conduct experimental projects designed to assure 
second career training and the placement of eligible individuals in 
employment opportunities with private business concerns. The Secre-
tary shall enter into such agreements with States, public agencies, 
nonprofit private organizations and private business concerns as may 
be necessary to conduct the experimental projects authorized by this 
subsection. The Secretary, from amounts reserved under section 
506(a)(1)(B) in any fiscal year, may pay all of the costs of any 
agreements entered into under the provisions of this subsection. The 
Secretary shall, to the extent feasible, assure equitable geographic 
distribution of projects authorized by this subsection. 
"(2) Not later than 90 days after the date of enactment of the Older 
Americans Act Amendments of 1981, the Secretary shall issue 
criteria designed to assure that agreements entered into under 
paragraph (1) of this subsection— 
"(A) will involve different kinds of work modes, such as flex-
time, job sharing, and other arrangements relating to reduced 
physical exertion; and 
"(B) will emphasize projects involving second careers and job 
placement and give consideration to placement in growth indus-
tries and in jobs reflecting new technological skills. 
Evaluation. 
"(3)(A) The Secretary shall carry out an evaluation of the second 
career training and job placement projects authorized by this 
subsection. 
"(B) The evaluation shall include but not be limited to the projects 
described in paragraph (2). 
Experimental 
projects. 
Agreements. 
Post, p. 1607. 
PUBLIC LAW 97-115—DEC. 29, 1981 
95 STAT. 1607 
"(C) The Secretary shall prepare and submit, not later than one 
year after the enactment of the Older Americans Act Amendments of 
1981, to the Congress an interim report describing the agreements 
entered into under paragraph (1) and the design for the evaluation 
required by this paragraph. The Secretary shall prepare and submit 
to the President and the Congress a final report on the evaluation 
required by this paragraph not later than February 1,1984, together 
with his findings and such recommendations, including recommenda-
tions for additional legislation, as the Secretary deems appropriate. 
"(D) The Secretary shall make the final report submitted under 
subparagraph (C) available to interested private business concerns. 
"(4) For the purpose of this subsection, eligible individual' means 
any individual who is 55 years of age or older and who has an income 
equal to or less than the intermediate level retired couples budget as 
determined annually by the Bureau of 
Labor Statistics. . 
(d) Section 503(b) is amended by striking out "of 1973" each place it 
appears therein. 
(e)(1) Section 506(a)(2) is amended by adding after the first sentence 
the following: "The Secretary in awarding grants and contracts 
under such paragraph (1) from such 45 per centum shall, to the extent 
feasible, assure an equitable distribution of activities under such 
grants and contracts designed to achieve the allotment among the 
States described in paragraph (3) of this subsection.". 
(2) Section 506(aXl)(B) is amended— 
(A) by striking out "may" and inserting in lieu thereof "shall"; 
and 
(B) by striking out "not to exceed one per centum" and 
inserting in lieu thereof "which is equal to at least 1 per centum 
but not more than 3 per centum". 
(3)(A) Section 506(a)(2) is amended by inserting "to the appropriate 
public agency of each State" after "allotted". 
(B) Section 506(aX3) is amended by striking out "for projects within 
each State" and inserting in lieu thereof "to State agency on aging of 
each State", and by inserting "the Commonwealth of the Northern 
Mariana Islands," after "Samoa," each place it appears therein. 
(C) Section 506(aX4XA) is amended by inserting the Common-
wealth of the Northern Mariana Islands, after "Samoa,". 
(f)(1) Section 507(1) is amended by inserting "the Commonwealth of 
the Northern Mariana Islands," after "Samoa,". 
(2) Section 507(3) is amended by inserting "weatherization activi-
ties;" after "efforts;". 
(g) Section 508 is amended to read as follows: 
Report to 
Congress. 
Report to 
Prigsident and 
Congress. 
Report, 
availability. 
"Eligible 
individual." 
42 use 3056a. 
42 use 3056d. 
42 use 3056e. 
42 use 3056f. 
AUTHORIZATION OF APPROPRIATIONS 
"SEC. 508. (a) There is authorized to be appropriated to carry out 
this title— 
"(1) $277,100,000 for fiscal year 1982, $296,500,000 for fiscal 
year 1983, and $317,300,000 for fiscal year 1984; and 
"(2) such additional sums as may be necessary for each such 
fiscal year to enable the Secretary, through programs under this 
title, to provide for at least 54,200 part-time employment posi-
tions for eligible individuals. 
For purposes of paragraph (2), 'part-time employment position' 
means an employment position within a workweek of at least 20 
hours. 
"(b) Amounts appropriated under this section for any fiscal year 
shall be used during the annual period which begins on July 1 of the 
"Part-time 
employment 
position." 
-194 O—82 
103 : QL3 
95 STAT. 1608 
PUBLIC LAW 97-115—DEC. 29, 1981 
42 u s e 3057b. 
42 u s e 3057c. 
42 u s e 3021. 
42 u s e 3057d. 
Appropriation 
authorization. 
42 u s e 3057g. 
42 u s e 3045 
note. 
42 u s e 3045 
note. 
calendar year immediately following the beginning of such fiscal year 
and which ends on June 30 of the following calendar year. The 
Secretary may extend the period during which such amounts may be 
obligated or expended in the case of a particular organization or 
agency receiving funds under this title if the Secretary determines 
that such extension is necessary to ensure the effective use of such 
funds by such organization or agency. Any such extension shall be for 
a period of not more than 60 days after the end of such annual 
period.". 
INDIAN TRIBES 
SEC. 13. (a) Section 603 is amended by striking out "Indians who are 
aged 60 and older" and inserting in lieu thereof "older Indians". 
0))(1) Section 604(aX4) is amended by striking out "that a nonprofit 
private organization selected by the tribal organization will conduct" 
and inserting in lieu thereof "for". 
(2) Section 604(aX8) is amended by inserting before the semicolon a 
comma and the following: "except that in any case in which the need 
for nutritional services for older Indians represented by the tribal 
organization is already met from other sources, the tribal organiza-
tion may use the funds otherwise required to be expended under this 
paragraph for supportive services". 
(3) Section 604(aX10) is amended to read as follows: 
"(10) provide that any legal or ombudsman services made 
available to older Indians represented by the tribal organization 
will be substantially in compliance with the provisions of title III 
relating to the furnishing of similar services; and". 
(4) Section 604 is amended by striking out subsection (d) thereof, 
and by redesignating subsection (e) and subsection (f) as subsection (d) 
and subsection (e), respectively. 
(c) Section 605 is amended— 
(1) by striking out the subsection designation "(a)", and 
(2) by striking out subsection (b). 
(d) Section 608(a) is amended to read as follows: 
"(a) There are authorized to be appropriated $6,500,000 for fiscal 
year 1982, $7,000,000 for fiscal year 1983, and $7,500,000 for fiscal 
year 1984 to carry out the provisions of this title other than section 
606.". 
TITLE VII PROVIDERS UNDER PART C OF TITLE III 
SEC. 14. (a) Section 501(b) of the Comprehensive Older Americans 
Act Amendments of 1978 is amended to read as follows: 
"(b) No contract awarded after September 30,1982, shall be entered 
into for the provision of nutrition services unless such contract has 
been awarded through a competitive process. Whenever there is no 
evidence of improved quality of service and cost effectiveness on the 
part of another bidder, a provider of services who received funds 
under title VII of the Older Americans Act of 1965 as in effect on 
September 29,1978, shall be given preference.". 
42 u s e 3001 
note. 
AVAILABILITY OF APPROPRIATIONS FOR WHITE HOUSE CONFERENCE 
SEC. 15. Sums appropriated under section 207 of the 1981 White 
House Conference on Aging Act for fiscal year 1981 obligation and 
expenditure shall remain available for the succeeding fiscal year. 
PUBLIC LAW 97-115—DEC. 29, 1981 
95 STAT. 1609 
LOW-INCOME HOME ENERGY ASSISTANCE PROGRAM 
SEC. 16. Section 2603(2) of the Omnibus Budget Reconciliation 
Budget Act of 1981 is amended to read as follows: 
"(2) the term 'household' means any individual or group of 
individuals who are living together as one economic unit for 
whom residential energy is customarily purchased in common or 
who make undesignated payments for energy in the form of 
rent;". 
COMMUNITY SERVICES BLOCK GRANT 
"Household." 
Ante, p. 894. 
"Eligible entity.' 
Ante, p. 511. 
SEC. 17. (a)(1) Section 673(1) of the Omnibus Budget Reconciliation 
Act of 1981 is amended by adding at the end thereof the following new 
sentence: "The term 'eligible entity' includes any limited purpose 
agency designated under title II of the Economic Opportunty Act of 
1964 for fiscal year 1981 which served the general purposes of a 
community action agency under title II of such Act, unless such 
designated agency lost its designation under title II of such Act as a 
result of a failure to comply with the provisions of such Act, and any 
grantee which received financial assistance under section 221 or 
section 222(a)(4) of the Economic Opportunity Act of 1964 in fiscal 
year 1981.". 
(2) Section 675(c) of such Act is amended by adding at the end ^nte, p. 513. 
thereof the following new sentences: "The Secretary shall provide to 
the chief executive officer of each State appropriate information 
regarding designated limited purpose agencies and grantees which 
meet the requirements of the second sentence of section 673(1). No 
eligible entity which receives funds for a project or activity under 
clause (2)(AXi) of this subsection may receive funds otherwise availa-
ble under this subtitle for that project or activity.". 
Qo) Section 675(c)(2XA)(ii) of the Omnibus Budget Reconciliation Act 
of 1981 is amended by inserting a comma after "directly". 
(c) Section 682(bX4) of the Omnibus Budget Reconciliation Act of 
1981 is amended by inserting before the period at the end thereof the ^"-te, p. 518. 
following: ", to migrant and seasonal farm worker organizations, or to 
both such entities and such organizations". 
95 STAT. 1610 
PUBLIC LAW 97-115—DEC. 29, 1981 
AMENDMENT TO HIGHER EDUCATION ACT OF 1965 
20 use 1087-2. 
SEC. 18. Section 439(1) of the Higher Education Act of 1965 is 
amended by adding at the end thereof the following new sentence: 
"The priority established in favor of the United States by section 3466 
of the Revised Statutes (31 U.S.C. 191) shall not establish a priority 
over the indebtedness of the Association issued or incurred on or 
before September 30,1982.". 
Approved December 29, 1981. 
LEGISLATIVE HISTORY—S. 1086 (H.R. 3046): 
HOUSE REPORTS: No. 97-70 accompanying H.R. 3046 (Comm. on Education and 
Labor) and No. 97-386 (Comm. of Conference). 
SENATE REPORT No. 97-159 (Comm. on Labor and Human Resources). 
CONGRESSIONAL RECORD, Vol. 127 (1981): 
Nov. 2, considered and passed Senate. 
Nov. 20, H.R. 3046 considered and passed House; proceedings vacated and 
S. 1086, amended, passed in lieu. 
Dec. 11, Senate agreed to conference report. 
Dec. 16, House agreed to conference report.