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S 1086 - 97

Older Americans Act Amendments of 1981

Became Public Law No: 97-115.

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Summary

35 Passed Senate amended May 1, 2004

(Measure passed Senate, amended, roll call #348 (75-0)) Older Americans Act Amendments of 1981 - Amends the Older Americans Act of 1965 ("the Act") to add education and training opportunities for older persons as objectives of the Act, as listed in title I (Declaration of Objectives and Definitions). Makes the definitions of "Indian tribe" and "tribal organizations" inapplicable for purposes of provisions for title VI (Grants to Indian Tribes) of the Act. Amends title II of the Act (Administration on Aging) to modify specified duties and functions of the Administration on Aging. Permits the Commissioner of the Administration to determine when review of and comment on Federal policies affecting the elderly is necessary. Eliminates the qualification that private organizations be nonprofit in order to receive specified assistance from the Administration for programs for the elderly. Includes programs under title I of the Higher Education Act (Continuing Postsecondary Education Program and Planning) and under the Adult Education Act among those programs related to the purposes of the Act, for purposes of Federal agency consultation. Eliminates the National Information and Resource Clearinghouse for the Aging. Repeals provisions relating to specified studies which have been completed. Authorizes appropriations for fiscal years 1982 through 1984 for the Federal Council on Aging. Makes technical and conforming amendments, including elimination of references to the Community Services Administration and to the Economic Opportunity Act of 1964, reflecting passage of the Community Services Block Grant Act. Allows categorical grants under the Act to Insular Areas (Virgin Islands, Guam, American Samoa, the Trust Territory of the Pacific Islands, and the Government of the Northern Mariana Islands) to be consolidated with other grants. Amends title III of the Act (Grants for State and Community Programs on Aging) to eliminate the requirement that a profitmaking organization must demonstrate clear superiority with respect to the quality of services provided in order to be awarded a contract by a recipient of funds under the Act. Authorizes appropriations for fiscal years 1982 through 1984 for title III grants. Specifies separate amounts of such appropriations for social service programs and nutrition programs respectively. Revises the formula for State grant allotments. Makes available from a State grant allotment such amount as the State agency determines to be adequate for conducting an effective ombudsman program. States that a State agency on aging is only responsible to the extent feasible for reviewing and commenting on State plans, budgets, and policies affecting the elderly. Permits a State which had previously functioned as a single planning and service area to designate additional planning and service areas within the State to be administered by area agencies on aging. Revises requirements for area plans to permit such plans to cover periods of two, three, or four years. Eliminates a requirement that at least 50 percent of allotted funds be expended for access, in-home, and legal services. Requires, instead, that an adequate amount of such funds be expended for an effective system of such services. Directs, rather than permits, States to waive such expenditure requirements if the area agency demonstrates that services being furnished are sufficient to meet needs. Modifies review and comment responsibilities of area agencies on aging. Revises requirements for State plans to permit such plans to cover periods of two, three, or four years. Specifies that nutrition projects may include either meals in a congregate setting or home-delivered meals or both. Requires that each area agency: (1) providing for congregate meal projects also provide for home delivered meal projects; and (2) establish procedures allowing nutrition project administrators to offer meals to individuals providing volunteer services or other services integral to the project. Requires that a State agency: (1) expend at least as high a percentage of total nutrition services funds for home-delivered nutrition services as the State spent for such home-delivered services in fiscal year 1981; and (2) aim, to the extent practicable, to spend at least 15 percent of total nutrition services on home-delivered services each fiscal year. Directs the Commissioner to waive such requirements where they have a significant adverse effect on State program efficiency and effectiveness. Repeals: (1) a limitation on the use of nutrition services funds for social services; and (2) provisions for nutrition project charges for individual meals, according to income and specified guidelines, to increase the number of meals served. Replaces the latter provisions with requirements that State plans provide procedures for participant contributions for both nutrition and social services, according to income and specified guidelines, to provide authorized services which benefit a majority of program participants. Requires that State plans assure that, if a substantial number of older individuals residing in any planning and service area are of limited English-speaking ability, the area agency on aging will be required to: (1) use outreach service delivery workers who are fluent in the language spoken by the predominant numbers of such individuals; and (2) designate a full-time employee whose responsibilities include: (A) making counseling available to such individuals to help them participate in programs and receive assistance under such Act; and (B) enabling social service delivery workers to take into account cultural sensitivities and linguistic differences. Revises provisions for transfer of funds to allow a State to elect to transfer up to 20 percent of the funds appropriated for any fiscal year between nutrition and social service programs upon notification of the Commissioner (currently allows a State to transfer an unspecified portion of such funds between programs, upon approval of the Commissioner). Extends the requirement that the Secretary of Agriculture, in donating surplus commodities for distribution to nutrition services for the elderly, maintain an annually programmed level of assistance of not less than 30 cents per meal, adjusted for consumer price index increases. Directs that such level be reduced, if necessary, in order not to exceed specified authorizations of appropriations. Eliminates a requirement that the Secretary of Agriculture purchase high protein foods, meat, and meat alternates on the open market for distribution to nutrition services for the elderly. Retain provisions for cash payments in lieu of donated surplus commodities. Authorizes appropriations for fiscal years 1982 through 1984 for surplus commodity distribution to nutrition services for the elderly. Directs States with approved State plans to carry out programs of social services and of congregate and home-delivered nutrition services (currently, directs the Commissioner to make grants to States to operate such programs). Substitutes "education and training" for "continuing education" among specified allowable social services in State programs. Includes as allowable activities in such programs: (1) the installation of security devices and structural modifications or alterations of the residences of elderly individuals; (2) services to encourage the employment of older workers, including job counseling, development, referral, and placement; and (3) crime prevention services and victim assistance programs for older individuals. Amends title IV of the Act (Training, Research, and Discretionary Projects and Programs) to eliminate the program of grants for training for legal assistance to the elderly. Eliminates a requirement that the Commissioner on Aging conduct a study of the different service needs and costs of rural and urban elderly persons. Directs (currently authorizes) the Commissioner to collect and disseminate research and development information. Eliminates specified types of demonstration projects to which the Commissioner is required to give special consideration. Adds to those projects which must continue to receive such consideration: (1) the prevention of unlawful entry into homes owned by the elderly (through security devices or structural modification); (2) specified types of mental health services and training; and (3) improved transportation systems for the rural elderly. States that no funds may be obligated for demonstration projects to provide mental health services to older individuals if funds are appropriated to carry out specified provisions of the Mental Health Systems Act. Directs the Commissioner to report to the Congress at the completion of such demonstration projects. Revises provisions for legal services for the elderly demonstration projects to direct (currently authorizes) the Commissioner to make grants or enter into contracts to support pro bono or reduced-fee legal services to older individuals. Eliminates the authorization for projects for legal research, technical assistance, training, and information dissemination. Eliminates provisions for reserving a specified minimum amount of appropriations to carry out legal services demonstration projects. Eliminates the program of mortgage insurance and interest grants for multipurpose senior centers. Authorizes appropriations for fiscal years 1982 through 1984 for title IV programs. Removes the condition of having poor employment prospects as a requirement for participation the title V program (Community Service Employment Program for Older Americans). Directs the Secretary of Labor to enter into agreements to conduct experimental projects to provide second career training and placement in private employment for individuals eligible for the title V program. Directs the Secretary to: (1) issue criteria for such agreements within 90 day; (2) evaluate such projects; (3) submit an interim report to the Congress within one year; and (4) submit a final report to the President and the Congress by February 1, 1984. Revises requirements for distribution of national grants or contracts and for State allotments under title V. Includes weatherization activities in the title V program. Authorizes appropriations for fiscal year 1982 through 1984 to carry out title V. Revises title VI (Grants to Indian Tribes) provisions for social and nutritional services for the elderly to eliminate the requirement that nonprofit private organizations selected by the tribal organization conduct periodic evaluations (which are still required). Permits tribal organizations to use nutritional services funds for social services whenever the need for nutritional services is already met from other sources. Makes legal or ombudsman services to older Indians a permissible, rather than a required service. Requires Indian tribal organizations applying for title VI grants to inform each State agency on aging of such application. Authorizes appropriations for fiscal years 1982 through 1984 for title VI grants. Repeals specified provisions of the Comprehensive Older Americans Act Amendments of 1978 relating to continuation of assistance to nutrition service projects. Allows funds appropriated under the 1981 White House Conference on Aging Act for fiscal year 1981 to remain available for fiscal year 1982. Amends the Omnibus Budget Reconciliation Act of 1981, for purposes of the Low-Income Home Energy Assistance Act program, to redefine "household" as any individual or group of individuals 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. Amends the Omnibus Budget Reconciliation Act of 1981, for purposes of the Community Services Block Grant Act program, to include as eligible entities designated limited purpose agencies serving the general purpose of a community action agency. Directs the Secretary of Health and Human Services to provide each State Governor appropriate information on such agencies. Makes technical amendments to the Act. Expresses the sense of the Senate that social security benefits are and should remain exempt from Federal taxation.

01 Reported to Senate with amendment(s) May 1, 2004

(Reported to Senate from the Committee on Labor and Human Resources with amendment, S. Rept. 97-159) Older Americans Act Amendments of 1981 - Amends the Older Americans Act of 1965 ("the Act") to add education and training opportunities for older persons as objectives of the Act, as listed in title I (Declaration of Objectives and Definitions). Makes the title I definitions of "Indian tribe" and "tribal organizations" inapplicable for purposes of title VI (Grants to Indian Tribes) of the Act. Amends title II of the Act (Administration on Aging) to modify specified duties and functions of the Administration on Aging. Permits the Commissioner of the Administration to determine when review of and comment on Federal policies affecting the elderly is necessary. Eliminates the qualification that private organizations be nonprofit in order to receive specified assistance from the Administration for programs for the elderly. Includes programs under title I of the Higher Education Act (Continuing Postsecondary Education Program and Planning) and under the Adult Education Act among those programs related to the purposes of the Act, for purposes of Federal agency consultation. Eliminates the National Information and Resource Clearinghouse for the Aging. Repeals provisions relating to specified studies which have been completed. Authorizes appropriations for fiscal years 1982 through 1984 for the Federal Council on Aging. Allows categorical grants under such Act to Insular Areas (Virgin Islands, Guam, American Samoa, the Trust Territory of the Pacific Islands, and the Government of the Northern Mariana Islands) to be consolidated with other grants. Amends title III of the Act (Grants for State and Community Programs on Aging) to eliminate the requirement that a profitmaking organization must demonstrate clear superiority with respect to the quality of services provided in order to be awarded a contract by a recipient of funds under the Act. Authorizes appropriations for fiscal years 1982 through 1984 for title III grants. Specifies separate amounts of such appropriations for social service programs and nutrition programs respectively. Allows a State's grant allotment to be used for the purchase of commodities from the Department of Agriculture. Revises the formula for State grant allotments. Makes available from a State grant allotment such amount as the State agency determines to be adequate for conducting its ombudsman program. States that a State agency on aging is only responsible to the extent feasible for reviewing and commenting on State plans, budgets, and policies affecting the elderly. Permits a State which had previously functioned as a single planning and service area to designate additional planning and service areas within the State to be administered by area agencies on aging. Revises requirements for area plans to permit such plans to cover periods of two, three, or four years. Eliminates a requirement that at least 50 percent of allotted funds be expended for access, in-home, and legal services. Requires, instead, that an unspecified portion of such funds be expended for such purposes. Directs, rather than permits, States to waive such expenditure requirements if the area agency demonstrates that services being furnished are sufficient to meet needs. Modifies review and comment responsibilities of area agencies on aging. Revises requirements for State plans to permit such plans to cover periods to two, three, or four years. Specifies that nutrition projects may include either meals in a congregate setting or home-delivered meals or both. Requires that each area agency: (1) providing for congregate meal projects also provide for home delivered meal projects; and (2) establish procedures allowing nutrition project administrators to offer meals to individuals providing volunteer services or other services integral to the project. Repeals: (1) a limitation on the use of nutrition services funds for social services; and (2) provisions for nutrition project charges for individual meals, according to income and specified guidelines, to increase the number of meals served. Replaces the latter provisions with requirements that State plans provide procedures for participant contributions for both nutrition and social services, according to income and specified guidelines, to provide authorized services which benefit a majority of program participants. Requires that State plans assure that, if a substantial number of older individuals residing in any planning and service area are of limited English-speaking ability, the area agency on aging will be required to: (1) use outreach service delivery workers who are fluent in the language spoken by the predominant numbers of such individuals; and (2) designate a full-time employee whose responsibilities include: (a) making counseling available to such individuals to help them participate in programs and receive assistance under such Act; and (b) enabling social service delivery workers to take into account cultural sensitivities and linguistic differences. Revises provisions for transfer of funds to allow a State to elect to transfer up to 20 percent of the funds appropriated for any fiscal year between nutrition and social service programs upon notification of the Commissioner (currently allows a State to transfer an unspecified portion of such funds between programs, upon approval of the Commissioner). Eliminates the requirement that the Secretary of Agriculture maintain an annually programmed level in donating surplus commodities to nutrition services for the elderly grant or contract recipients. Extends through fiscal year 1984 the requirement that the Secretary of Agriculture purchase specified foods for distribution to nutrition services for the elderly. Eliminates the authorization of appropriations for such purchases. Requires that such purchases be made with funds taken out of payments made by States from their grant allotments or by Indian tribal organizations from grants and contracts under the Act. Authorizes the Secretary of Health and Human Services, in consultation with the Commissioner on Aging, to prescribe terms and conditions of such purchases. Repeals provisions for cash payments in lieu of donated foods. Directs States with approved State plans to carry out programs of social services and of congregate and home-delivered nutrition services (currently directs the Commissioner to make grants to State to operate such programs). Substitutes "education and training" for "continuing education" among specified allowable social services in State programs. Includes as allowable activities in such programs: (1) the installation of security devices and structural modifications or alterations of the residences of elderly individuals; and (2) services to encourage the employment of older workers, including job counseling, development, referral, and placement. Amends title IV of the Act (Training, Research and Discretionary Projects and Programs) to eliminate the program of grants for training for legal assistance to the elderly. Eliminates a requirement that the Commissioner on Aging conduct a study of the different service needs and costs of rural and urban elderly persons. Directs (currently authorizes) the Commissioner to collect and disseminate research and development information. Eliminates specified types of demonstration projects to which the Commissioner is required to give special consideration. Adds to those projects which must continue to receive such consideration: (1) the prevention of unlawful entry into homes owned by the elderly (through security devices or structural modification); and (2) specified types of mental health services and training. States that no funds may be obligated for demonstration projects to provide mental health services to older individuals if funds are appropriated to carry out specified provisions of the Mental Health Systems Act. Directs the Commissioner to report to the Congress at the completion of such demonstration projects. Revises provisions for legal services for the elderly demonstration projects to direct (currently authorizes) the Commissioner to make grants or enter into contracts to support pro bono or reduced-fee legal services to older individuals. Eliminates the authorization for projects for legal research, technical assistance, training, and information dissemination. Eliminates provisions for reserving a specified minimum amount of appropriations to carry out legal services demonstration projects. Eliminates the grants program for utility and home heating costs assistance for the elderly demonstration projects. Eliminates the program of mortgage insurance and interest grants for multipurpose senior centers. Authorizes appropriations for fiscal years 1982 through 1984 for title IV programs. Amends title V of the Act (Community Service Employment Programs for Older Americans) to remove the condition of having poor employment prospects as a requirement for participation in title V programs. Directs the Secretary of Labor to enter into agreements to provide second career training and placement in private employment for individuals eligible for such programs. Revises requirements for distribution of national grants or contracts and for State allotments under title V. Authorizes appropriations for fiscal year 1982 through 1984 to carry out title V. Revises title VI of the Act (Grants to Indian Tribes) to eliminate the requirement that nonprofit private organizations selected by the tribal organization conduct periodic evaluations (which are still required). Makes legal or ombudsman services to older Indians a permissible, rather than a required service. Requires Indian tribal organizations applying for such grants to inform each State agency on aging of such application. Authorizes appropriations for fiscal years 1982 through 1984 for such grants to Indian tribes. Repeals specified provisions of the Comprehensive Older Americans Act Amendments of 1978 relating to continuation of assistance to nutrition service projects. Allows funds appropriated under the 1981 White House Conference on Aging Act for fiscal year 1981 to remain available for fiscal year 1982.

48 Conference report filed in House May 1, 2004

(Conference report filed in House, H. Rept. 97-386) Older Americans Act Amendments of 1981 - Revises the Older Americans Act of 1965 ("the Act") and other specified Acts. Amends title I of the Act (Declaration of Objectives and Definitions) to add education and training opportunities for older persons as objectives of the Act. Includes the Commonwealth of the Northern Mariana Islands under the definition of "State" for purposes of the Act. Makes the definitions of "Indian tribe" and "tribal organizations" inapplicable for purposes of provisions for grants to Indian tribes. Amends title II of the Act (Administration on Aging) to include among the functions of the Commissioner on Aging the coordination of Federal activities with respect to the collection, preparation, and dissemination of information relevant to older individuals. Eliminates the qualification that private organizations be nonprofit in order to receive specified assistance from the Commissioner to plan, develop, and operate programs for the elderly. Includes programs under title I of the Higher Education Act (Continuing Postsecondary Education Program and Planning) and under the Adult Education Act among those programs related to the purposes of the Act, for purposes of Federal agency consultation. Eliminates the National Information and Resource Clearing House for the Aged. Authorizes appropriations for fiscal years 1982 through 1984 for the Federal Council on Aging. Eliminates outdated provisions relating to a report on legal services programs. Makes technical and conforming amendments. Amends title III of the Act (Grants for State and Community Programs on Aging) to authorize the Commissioner on Aging to require the technical assistance and cooperation of the Department of Education in carrying out title III. Defines "education and training service" for purposes of title III. Adds specified types of boarding homes to the definition of long-term care facility for purposes of the nursing home ombudsman program. Authorizes appropriations for fiscal years 1982 through 1984 for title III grants. Specifies separate amounts of such appropriations for: (1) senior centers and supportive services programs; (2) congregate nutrition programs; and (3) home-delivered meal programs. Continues through fiscal year 1984 formulas for allotments to States and determination of the Federal share of the cost of such programs. Makes available from each State grant allotment such amount as the State agency determines to be adequate for conducting an effective ombudsman program. Permits a State which had previously functioned as a single planning and service area to designate additional planning and service areas within the State to be administered by area agencies on aging. Revises requirements for area plans to permit such plans to cover periods of two, three, or four years. Changes (from a minimum of 50 percent) to "an adequate proportion" that portion of the amount of social service grant funds which area plans must assure will be expended for access to services, in-home services, and legal services. Directs, rather than permits, States to waive specified expenditure requirements if the area agency demonstrates that services being furnished are sufficient to meet needs. Revises requirements for State plans to permit such plans to cover periods of two, three, or four years. Requires that State plans provide that each nutrition service project will be available not only to individuals aged 60 or older and their spouses but also to handicapped or disabled individuals under 60 years of age residing in housing facilities occupied primarily by the elderly at which congregate nutrition services are provided. Requires that State plans give primary consideration to congregate nutrition services, but allows area agencies to award funds to organizations for home nutrition services without requiring that such organizations also provide congregate services. Permits meal charges to be used to facilitate access to meals and to provide other supportive services directly related to nutrition services. Requires that each area agency establish procedures allowing nutrition project administrators to offer meals to individuals providing volunteer services during the meal hours. Includes education and training services among those activities to be addressed by State plans. Limits contract authority for such education and training services to the extent and amounts provided in appropriations Acts. Requires that State plans assure that, if a substantial number of older individuals residing in any planning and service area are of limited English speaking ability, the area agency on aging will be required to: (1) use outreach service delivery workers who are fluent in the language spoken by the predominant number of such individuals; and (2) designate a full-time employee whose responsibilities include: (A) making counseling available to such individuals to help them participate in programs and receive assistance under such Act; and (B) enabling social service delivery workers to take into account cultural sensitivities and linguistic differences. Revises provisions for transfer of funds to allow a State to elect to transfer up to 20 percent of the funds appropriated for any fiscal year between nutrition and social service programs, upon notification to the Commissioner (currently allows a State to transfer an unspecified portion of such funds between programs, upon approval of the Commissioner). Extends the requirement that the Secretary of Agriculture, in donating surplus commodities for distribution to nutrition services for the elderly, maintain an annually programmed level of assistance of not less than 30 cents per meal, adjusted for consumer price index increases. Directs that such level be reduced, if necessary, in order not to exceed specified authorizations of appropriations. Eliminates a requirement that the Secretary of Agriculture purchase high protein foods, meat, and meat alternates on the open market for distribution to nutrition services for the elderly. Authorizes appropriations for fiscal years 1982 through 1984 for surplus commodity distribution to nutrition services for the elderly. Substitutes "education and training" for "continuing education" among specified allowable supportive services in State programs. Includes as allowable activities in such programs: (1) the installation of security devices and structural modifications or alterations of the residences of elderly individuals for security purposes; (2) services to encourage the employment of older workers, including job counseling, development, referral, and placement; (3) crime prevention services and victim assistance programs for older individuals; and (4) a Senior Opportunities and Services program to meet specified needs of older poor persons. Amends title IV of the Act (Training, Research, and Discretionary Projects and Programs) to repeal specified provisions. Authorizes the Commissioner to make grants or contracts for: (1) recruiting and training personnel in the field of aging; and (2) establishing or supporting multidisciplinary and special emphasis gerontology centers. Eliminates specified types of demonstration projects to which the Commissioner is required to give special consideration. Adds to those projects which must continue to receive such consideration: (1) the prevention of unlawful entry into homes owned by the elderly (through security devices or structural modification); (2) specified types of mental health services and training; (3) other special health care needs of the elderly; and (4) improved transportation systems for the rural elderly. Retains provisions authorizing the Commissioner to make grants or contracts for special projects in comprehensive long-term care. Directs the Commissioner to make grants and contracts for special demonstration projects on legal services for older Americans. Deletes provisions for a specific amount to be set aside for such projects, thus permitting the Commissioner to determine the amount of funding for such projects. Retains provisions authorizing the Commissioner to carry out specified national impact activities. Retains provisions authorizing the Secretary of Health and Human Services to make grants for specified types of utility and home heating cost demonstration projects. Eliminates provisions for mortgage insurance and interest grants for multipurpose senior centers. Eliminates specified provisions for multidisciplinary centers of gerontology (but substitutes an above mentioned general authority for the Commissioner to fund such centers). Authorizes appropriations for fiscal years 1982 through 1984 for title IV programs. Sets forth conditions for payments of title IV grants. Amends title V of the Act (Community Service Employment for Older Americans) to remove the condition of having poor employment prospects as a requirement for participation in the title V program. Directs the Secretary of Labor to enter into agreements to conduct experimental projects to provide second career training and placement in private employment for individuals age 55 or older with a specified maximum income. Specifies amounts reserved to pay agreement costs. Directs the Secretary to: (1) assure equitable geographic distribution of such projects; (2) issue criteria for such agreements within 90 days; (3) evaluate such projects; (4) submit an interim report to the Congress within one year; and (5) submit a final report to the President and the Congress by February 1, 1984. Revises requirements for distribution of national grants or contracts and for State allotments under title V. Includes the Commonwealth of the Northern Mariana Islands under title V allotment provisions. Includes weatherization activities under title V programs. Authorizes appropriations for fiscal years 1982 through 1984 to carry out title V programs. Specifies amounts of such appropriations, including such additional sums as may be necessary to provide for at least 54,200 part-time employment positions for eligible individuals. Provides for forward funding of title V programs. Amends title VI of the Act (Grants to Indian Tribes) to change the description of those to be served from Indians 60 or more years old to "older Indians." Eliminates the requirement that nonprofit private organizations, selected by the tribal organization, conduct periodic title VI program evaluations (which are still required). Permits tribal organizations to use nutritional services funds for social services whenever the need for nutritional services is already met from other sources. Makes legal or ombudsman services to older Indians a permissible, rather than a required, service. Eliminates a requirement that the Commissioner withhold from a State's grant allocation an amount attributable to the number of Indians to be served under title VI who are also counted for purposes of the State allotment. Authorizes appropriations for fiscal years 1982 through 1984 to carry out title VI provisions (except those involving availability of surplus educational facilities as multipurpose senior centers). Retains an existing grandfather clause for former title VII (Nutrition Program for the Elderly) projects in fiscal year 1982. Requires, in fiscal year 1983 and thereafter, that: (1) all nutrition contracts be awarded on a competitive basis; and (2) where there is no evidence of improved quality and cost effectiveness on the part of a new bidder, preference shall be given to the existing provider who was receiving such former title VII funds at the end of fiscal year 1978. Allows funds appropriated under the 1981 White House Conference an Aging Act for fiscal year 1981 to remain available for fiscal year 1982. Amends the Omnibus Budget Reconciliation Act of 1981, for purposes of the Low-Income Home Energy Assistance Act program, to redefine "household" as any individual or group of individuals 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. Amends the Omnibus Budget Reconciliation Act of 1981, for purposes of the Community Services Block Grant Act program, to include as eligible entities: (1) designated limited purpose agencies serving the general purpose of a community action agency; and (2) grantees which received assistance in fiscal year 1981 under specified provisions of the Economic Opportunity Act of 1964. Directs the Secretary of Health and Human Services to provide each State Governor appropriate information on such agencies. Prohibits specified grantees who are receiving funds for projects from also being eligible for project funding from specified State allocations or from the Secretary's discretionary funds. Makes technical amendments to the Act.

36 Passed House amended May 1, 2004

(Measure passed House, amended, in lieu of H. R. 3046) Older Americans Act Amendments of 1981 - Amends the Older Americans Act of 1965 ("the Act") to include the Commonwealth of the Northern Mariana Islands under the definition of "State" for purposes of the Act, as provided in title I (Declaration of Objectives and Definitions). Revises title II of the Act (Administration on Aging) to specify that: (1) the Commissioner on Aging shall be directly responsible to the Secretary of Health and Human Services; and (2) specified functions of the Commissioner may not be delegated. Includes among the functions of the Commissioner the coordination of Federal activities with respect to the collection, preparation, and dissemination of information relevant to older individuals. Eliminates requirements that private organizations be nonprofit in order to receive specified assistance from the Commissioner to plan, develop, and operate programs under the Act. Requires consultation between the Commissioner and the head of the Federal agency administering: (1) continuing postsecondary education programs and planning under the Higher Education Act of 1965; and (2) the Adult Education Act. Eliminates the National Information and Resource Clearing House for the Aged. Sets March 31, 1982, as the deadline for a study by the Federal Council on Aging, evaluating programs for older Americans. Extends the authorization of appropriations for the Council through fiscal year 1984. Eliminates outdated provisions relating to a report on legal services programs. Repeals a provision that a Congressional declaration of policy respecting "Insular Areas" not apply to the administration of programs for older Americans (such policy allows joint funding of certain programs in the territories). Amends title III of the Act (Grants for State and Community Programs on Aging) to remove a requirement that profit making organizations demonstrate superiority in provision of services in order to be eligible for grants and contracts under the Act. Authorizes the Commissioner to require the technical assistance and cooperation of the Department of Education in carrying out title III. Defines "education and training service" for purposes of title III. Extends through fiscal year 1984 the authorization of appropriations for title III grants for senior centers and supportive services and for congregate and home delivered nutrition services. Continues through fiscal year 1984 formulas for allotments to States and determination of the Federal share of the cost of title III programs. Changes from a minimum of 50 percent to "an adequate proportion" that portion of the amount of social service grant funds which area plans must assure will be expended for access to services, in-home services, and legal services. Requires that State plans provide that each nutrition service project will be available not only to individuals aged 60 or older and their spouses but also to handicapped or disabled individuals under 60 years of age residing in senior citizen centers where congregate nutrition services are provided. Requires that such plan give primary consideration to congregate nutrition services, but allows area agencies to award funds to organizations for home nutrition services without requiring that such organizations also provide congregate services. Permits charges for access to meals for the elderly where appropriate. Repeals a limitation on the use of nutrition services funds for supportive services. Includes education and training services among those activities to be addressed by State plans. Limits contract authority for such education and training services to the extent and amounts provided in appropriations Act. Requires that State plans assure that, if a substantial number of older individuals residing in any planning and service area are of limited English-speaking ability, the area agency on aging will be required to: (1) use outreach service delivery workers who are fluent in the language spoken by the predominant number of such individuals; and (2) designate a full-time employee whose responsibilities include: (A) making counseling available to such individuals to help them participate in programs and receive assistance under the Act; and (B) enabling social service delivery workers to take into account cultural sensitivities and linguistic differences. Prohibits States from transferring more than 20 percent of appropriated funds for any fiscal year between social services and nutrition services programs. Extends through fiscal year 1984: (1) the 30 cents per meal minimum level of assistance under the program of donation of surplus agricultural commodities to nutrition services for the elderly grant or contract recipients; and (2) the requirement that the Secretary of Agriculture purchase high protein foods, meat, and meat alternates for such purpose. Substitutes "education and training" for "continuing education" among specified allowable social services in State programs. Includes as allowable activities in such programs: (1) the installation of security devices and structural modifications or alterations of the residences of elderly individuals; (2) provision of security personnel to maintain security systems and otherwise protect such residences; (3) a Senior Opportunities and Services program to meet the specified needs of older poor persons; and (4) crime prevention services and victim assistance programs for older individuals. Revises title IV provisions for (Training, Research, and Discretionary Projects and Programs) of the Act. Eliminates provisions for: (1) appraising personnel needs in the field of aging; (2) specified grant programs for attracting qualified persons to the field of aging (but permits certain recruitment activities); (3) special demonstration projects on legal services for older Americans; (4) utility and home heating cost demonstration projects; and (5) mortgage insurance and interest grants for multipurpose senior centers. Retains provisions for grant and contract programs for: (1) training and recruiting personnel for the field of aging; (2) multidisciplinary centers of gerontology; (3) research and development projects; (4) demonstration projects; (5) special projects in comprehensive long-term care (with emphasis on alternatives to institutionalization); and (6) national impact activities. Adds provisions for grants and contracts for special projects in mental health care. Limits contract authority for both long-term care and mental health care special projects to the extent and amount provided in appropriations Act. Extends through fiscal year 1984 the authorization of appropriations for title IV. Includes the Commonwealth of the Northern Mariana Islands in provisions for distribution of assistance under title IV and title V (Community Service Employment for Older Americans) of the Act. Includes weatherization activities among community services for purposes of title V programs. Extends through fiscal year 1984 the authorization of appropriations for title V programs. Conforms fiscal year 1982 and 1983 authorization levels for such programs to those provided in the Omnibus Budget Reconciliation Act of 1981, including additional sums specified in the Act. Provides for forward funding of such programs. Changes the description of those to be served under title VI (Grants to Indian Tribes) of the Act from Indians 60 or more years old to "older Indians." Removes the requirements that: (1) periodic evaluation of title VI activities be conducted by nonprofit private organizations selected by tribal organizations; (2) legal and ombudsman services be made available to older Indians represented by the tribal organizations receiving title VI grants (but permits such services to be offered under specified conditions); and (3) the Commissioner withhold from a State's grant allocation an amount attributable to the number of Indians to be served under grants to Indian tribes who are also counted for purposes of the State allotment. Extends through fiscal year 1984 the authorization of appropriations for title VI services (other than multipurpose senior centers). Establishes, a new title VII of the Act, a program of Home Maintenance and Repair Services for older Americans. Authorizes the Commissioner to make grants to, and enter into contracts with, designated State agencies to provide home maintenance and repair services to older individuals. Limits contract authority for such program to the extent and amounts provided in appropriations Acts. Directs the Commissioner to administer the new title VII program so as to ensure: (1) that a preference is given to low-income older individuals; (2) coordination with older Federal programs; (3) that, to the maximum extent possible, older individuals will compose the teams of maintenance and repair specialists providing such services; and (4) sufficient information to perform simple repairs will be provided to those receiving such services. Directs the Commissioner to: (1) administer a program of housing counseling for older individuals, providing information on home energy conservation, weatherization, and crime prevention programs and techniques; and (2) annually report to the Congress concerning the housing needs of older individuals and the effectiveness of Federal programs addressing such needs. Authorizes appropriations for fiscal years 1982 through 1984 to carry out the new title VII program. Amends the Domestic Volunteer Services Act of 1973 to authorize appropriations for fiscal years 1982 through 1984 for National Older Americans Volunteer programs (the Retired Senior Volunteer program, the Foster Grandparent program, and the Older American Community Service programs). Makes technical and conforming amendments to the Older Americans Act of 1965. Amends the Omnibus Budget Reconciliation Act of 1981 to revise provisions for the Community Services Block Grant Act program. Includes as eligible entities for purposes of such program specified agencies and special programs in addition to designated community action agencies. Makes technical and conforming amendments to the Act. Amends the Higher Education Act of 1965 to provide that the priority established in favor of the United States, under specified provisions of bankruptcy law, shall not apply to indebtedness of the Student Loan Marketing Association.

00 Introduced in Senate May 1, 2004

Older Americans Act Amendments of 1981 - Amends the Older Americans Act of 1965 to modify specified duties and functions of the Administration on Aging. Permits the Commissioner of the Administration to determine when review of and comment on Federal policies affecting the elderly is necessary. Eliminates the National Information and Resource Clearinghouse for the Aging. Repeals provisions relating to specified studies which have been completed. Authorizes appropriations for fiscal years 1982 through 1984 for the Federal Council on Aging. Authorizes appropriations for fiscal years 1982 through 1984 for grants for State and community programs on aging. Consolidates the authorization of such grants for social services and nutrition programs. Eliminates legal services from among the purposes for which such grants may be used. Allows a State's grant allotment to be used for the purchase of commodities from the Department of Agriculture. Revises the formula for such State grant allotments. Specifies that a State agency on aging is only responsible to the extent feasible to review and comment on State plans, budgets, and policies affecting the elderly. Permits a State which had previously functioned as a single planning and service area to designate additional planning and service areas within the State to be administered by area agencies on aging. Revises requirements for area plans to: (1) permit such plans to cover periods of two, three, or four years; and (2) modify review and comment responsibilities of area agencies on aging. Eliminates a requirement that a portion of allotted funds be expended for access, in-home, and legal services. Revises requirements for State plans to: (1) permit such plans to cover periods of two, three, or four years; and (2) eliminate evaluation of legal service needs of the elderly. Specifies that nutrition projects may include either meals in a congregate setting or home-delivered meals or both. Repeals a limitation on the use of nutrition services funds for social services. Eliminates requirements that a State plan: (1) provide for the delivery and coordination of legal services to the elderly; and (2) expend a specified amount to establish and operate a nursing home ombudsman program. Conforms State plan administrative provisions to the consolidation of separate authorizations. Eliminates the requirement that the Secretary of Agriculture maintain an annually programmed level in donating surplus commodities to nutrition services for the elderly grant or contract recipients. Extends through fiscal year 1984 the requirement that the Secretary of Agriculture purchase specified foods for distribution to nutrition services for the elderly. Eliminates the authorization of appropriations for such purchases. Requires that such purchases be made with funds taken out of State grant allotments. Authorizes the Secretary of Health and Human Services, in consultation with the Commissioner on Aging, to prescribe terms and conditions of such purchases. Repeals provisions for cash payments in lieu of donated foods. Conforms the social services and congregate and home-delivered nutrition services programs to the consolidation of authorizations. Includes the installation of security devices and structural modifications or alterations of the residences of elderly individuals under the social services grants and the discretionary grants programs. Eliminates the program of grants for training for legal assistance to the elderly. Eliminates a requirement that the Commissioner on Aging conduct a study of the different service needs and costs of rural and urban elderly persons. Directs (currently only authorized) the Commissioner to collect and disseminate research and development information. Eliminates specified types of demonstration projects to which the Commissioner is required to give special consideration. Adds to those projects which must continue to receive such consideration the prevention of unlawful entry into homes owned by the elderly (through security devices or structural modification). States that no funds may be obligated for demonstration projects to provide mental health services to older individuals if funds are appropriated to carry out specified provisions of the Mental Health Systems Act. Directs the Commissioner to report to the Congress at the completion of such demonstration projects. Eliminates the grants and contracts program for special demonstration projects on legal services for older Americans. Eliminates the grants program for utility and home heating costs assistance for the elderly demonstration projects. Eliminates the program of mortgage insurance and interest grants for multipurpose senior centers. Authorizes appropriations for fiscal years 1982 through 1984 for training, research, and discretionary projects and programs for the elderly. Prohibits use of such funds for any project unless the Commissioner has notified the appropriate State agency on aging of the project. Removes the condition of having poor employment prospects as a requirement for participation in the older American community service employment program. Directs the Secretary of Labor to enter into agreements to provide second career training and placement in private employment for individuals eligible for such program. Revises requirements for distribution of national grants or contracts and for State allotments under such program. Authorizes appropriations for fiscal years 1982 through 1984 to carry out such program. Requires Indian tribal organizations applying for grants for social and nutritional services for the elderly to inform each State agency on aging of such application. Authorizes appropriations for fiscal years 1982 through 1984 for such grants to Indian tribes. Repeals specified provisions of the Comprehensive Older Americans Act Amendments of 1978 relating to continuation of assistance to nutrition service projects.

Sponsors

Timeline

Dec 29, 1981

Signed by President.

Dec 29, 1981

Signed by President.

Dec 29, 1981

Became Public Law No: 97-115.

Dec 29, 1981

Became Public Law No: 97-115.

Dec 17, 1981

Measure Signed in Senate.

Dec 17, 1981

Presented to President.

Dec 17, 1981

Presented to President.

Dec 16, 1981

Conference report agreed to in House: House Agreed to Conference Report by Voice Vote.

Dec 16, 1981

House Agreed to Conference Report by Voice Vote.

Dec 11, 1981

Conference report agreed to in Senate: Senate agreed to conference report by Yea-Nay Vote. 90-0. Record Vote No: 484.

Dec 11, 1981

Senate agreed to conference report by Yea-Nay Vote. 90-0. Record Vote No: 484.

Dec 10, 1981

Conference committee actions: Conferees agreed to file conference report.

Dec 10, 1981

Conferees agreed to file conference report.

Dec 10, 1981

Conference report filed: Conference report S. Rept. 97-293 filed in Senate by Senator Hatch on the disagreeing votes of the two Houses on the amendments of the House.

Dec 10, 1981

Conference report S. Rept. 97-293 filed in Senate by Senator Hatch on the disagreeing votes of the two Houses on the amendments of the House.

Dec 10, 1981

Conference report filed: Conference Report 97-386 Filed in House.

Dec 10, 1981

Conference Report 97-386 Filed in House.

Dec 4, 1981

Resolving differences -- Senate actions: Senate disagreed to House amendments by Voice Vote.

Dec 4, 1981

Senate disagreed to House amendments by Voice Vote.

Dec 4, 1981

Senate agreed to request for conference. Appointed conferees. Hatch; Denton; Humphrey; Quayle; Eagleton; Metzenbaum; Kennedy.

Nov 20, 1981

Called up by House by Rule.

Nov 20, 1981

Passed/agreed to in House: Passed House (Amended) by Voice Vote.

Nov 20, 1981

Passed House (Amended) by Voice Vote.

Nov 20, 1981

Resolving differences -- House actions: House Insisted on its Amendments by Voice Vote.

Nov 20, 1981

House Insisted on its Amendments by Voice Vote.

Nov 20, 1981

House Requested a Conference and Speaker Appointed Conferees: Perkins, Biaggi, Andrews, Corrada, Williams (MT), Ratchford, Ashbrook, Coleman, Petri.

Nov 2, 1981

Considered by Senate.

Nov 2, 1981

Passed/agreed to in Senate: Passed Senate with amendments by Yea-Nay Vote. 75-0. Record Vote No: 348.

Nov 2, 1981

Passed Senate with amendments by Yea-Nay Vote. 75-0. Record Vote No: 348.

Jul 20, 1981

Committee on Labor and Human Resources. Reported to Senate by Senator Denton favorably with an amendment in the nature of a substitute. With written report No. 97-159.

Jul 20, 1981

Committee on Labor and Human Resources. Reported to Senate by Senator Denton favorably with an amendment in the nature of a substitute. With written report No. 97-159.

Jul 20, 1981

Placed on Senate Legislative Calendar under Regular Orders. Calendar No. 219.

Jun 24, 1981

Committee on Labor and Human Resources. Ordered to be reported with an amendment in the nature of a substitute favorably.

Apr 30, 1981

Introduced in Senate

Apr 30, 1981

Read second time and referred to Senate Committee on Labor and Human Resources.

House Votes

No House roll call votes have been linked to this bill yet.

Amendments

No amendment records are currently available for this bill.
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