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United States · Law · HR

H.R. 2967 (102nd)

Older Americans Act Amendments of 1992

enactedUnited States· United States Congress· EN

Introduced

23 July 1991

Last action

—

Status

Became Public Law No: 102-375.

Sponsors

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Subjects

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Source updated

21 July 2025

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Summary

Older Americans Act Amendments of 1991 - Title I: Amendments to the Older Americans Act of 1965 - Amends the Older Americans Act (the Act) of 1965 to state that the Administration on Aging (Administration) shall be under the direct authority and supervision of the Secretary of Health and Human Services and that the Commissioner on Aging shall report directly to the Secretary on all matters relating to the Act, including policy, budget, and administration of programs. Expands the functions of the Associate Commissioner on American Indian, Alaska Native, and Native Hawaiian Aging to include serving as the advocate in the States for older Indians, Native Hawaiians, and Alaska Natives. Modifies the duties and functions of the Administration to include: (1) establishing the National Ombudsman Resource Center to provide training and information to State Long-Term Ombudsmen and the National Center on Elder Abuse to assist State Long-Term Ombudsmen in the prevention of elder abuse; (2) providing for the establishment of the National Commission on Board and Care Facility Quality to assist State and local entities in the implementation of State and local board and care facility quality standards; (3) issuing regulations with regard to conflicts of interest; and (4) designing and implementing uniform data collection procedures for use by State agencies in providing to the Administration information on programs and activities funded under the Act. Requires coordination between the Commissioner and Federal agencies proposing or administering related programs or services. Revises provisions relating to the Federal Council on the Aging to, among other changes: (1) require the Council to serve as a direct advisor to the Commissioner on matters affecting the special needs of older individuals for services and assistance under the Act; and (2) reauthorize and extend the Council through FY 1995. Authorizes the Commissioner to designate a Federal office in the Administration, directed by an officer or employee with nutritional science and planning expertise, to coordinate and assist the: (1) delivery of nutrition services under the Act; (2) implementation of Federal dietary, nutritional, and health services standards for nutritional planning; and (3) establishment of guidelines for monitoring compliance of such nutritional services with the Act's requirements. Authorizes the Commissioner to establish a policy, and be responsible for advocating, guiding, coordinating, and assisting under the Act Federal and State efforts to create opportunities for older individuals to participate in multigenerational activities. Requires the evaluation of programs for their effectiveness in targeting for services low-income minority older individuals. Requires a Commissioner evaluation of nutrition services provided during FY 1992 through 1993. Requires the Secretary to: (1) submit to the President, the Speaker of the House, and the President pro tempore of the Senate recommendations to improve nutrition service programs provided under the Act; and (2) require the Commissioner to implement such recommendations. Changes funding provisions under provisions regarding the evaluation of such programs. Establishes in the Administration the Office of Federal Long-Term Care Ombudsman to be headed by the Federal Long-Term Care Ombudsman who shall: (1) advocate, monitor, and coordinate Federal and State activities of long-term care ombudsmen under the Act; (2) administer the National Ombudsman Resource Center; (3) report annually to the Congress on the effectiveness of services under State long-term care ombudsman programs; and (4) have authority to investigate the violation of any Federal law administered by the Department of Health and Human Services (HHS) that may adversely affect older individuals. Authorizes appropriations for salaries and expenses of the Administration through FY 1995. Reauthorizes and extends title III (Grants for State and Community Programs on Aging) programs through FY 1995. Increases the minimum State allotment for outreach services for the Supplemental Security Income and Medicaid programs (titles XVI and XIX, respectively, of the Social Security Act) and the Food Stamp program. Changes the requirements with respect to a State agency's development of a formula for the distribution of title III grant funds to require the formula to take into account the State's low-income minority elderly. Requires the Commissioner to consider the effectiveness of State and local efforts to target older individuals with the greatest economic need (including low-income minority individuals) and older individuals with the greatest social need (including minority individuals) to receive services under the Act in preparing his report on evaluations to be included in the annual report to the Congress on Administration activities. Makes miscellaneous and technical amendments to area and State plan provisions, including conforming changes to reflect the above-mentioned conflict of interest prohibitions to maintain integrity in all contractual and commercial relationships under the Act. Sets new limits on the amount of funds a State may elect to transfer between the programs under part B (Supportive Services) and part C (Nutrition Services) under title III of the Act for FY 1992 through 1994. Caps at 30 percent the maximum amount of funds a State may elect to transfer between subpart I (Congregate Nutrition Services) and subpart II (Home Delivered Nutrition Services) of part C. Ties the funding for disaster relief reimbursements to the total appropriation for title IV of the Act. Authorizes appropriations for FY 1992 through 1995 for food donated to nutrition serices programs for older individuals. Prohibits the cents per meal level under the program for donating surplus commodities to older individuals from being reduced below 65.66 cents per meal during FY 1992 through 1995. Provides for an annual adjustment for inflation in the elderly meals reimbursement rate for surplus commodities. Requires the supportive services designed to encourage and assist older individuals to use the facilities and services available to them to include language translation services to assist older individuals with limited-English speaking ability to obtain services under the title III State grant program. Includes as supportive services under such program: (1) counseling relating to pension rights and benefits; and (2) information concerning prevention, diagnosis, and treatment of age-related diseases. Changes the name of the program under part F of title III of the Act from the Preventive Health Services program to the Disease Prevention and Health Promotion Services program and outlines specific program services, including informational services relating to Alzheimers disease, to be provided at senior centers and other appropriate sites and programs that provide nutrition services under part C. Adds a new part H under title III of the Act entitled "Supportive Activities for Caregivers Who Provide In-Home Services to Frail Older Individuals." Outlines the supportive activities which may be included under such part, including the provision of information to frail older individuals and their families regarding how to obtain in-home and respite services. Amends title IV (Training, Research, and Discretionary Projects and Programs) of the Act to revise the authorities for education and training, and for R & D, demonstration projects, and other activities. Authorizes grants to minority educational institutions to provide education and training to prepare students for careers in the field of aging. Authorizes demonstration projects for: (1) information and counseling related to pension benefits; (2) foreclosure and eviction assistance and relief services; (3) multigenerational activities; and (4) enhancing private resources in order to provide additional services under the title III State grant program. Authorizes appropriations for FY 1992 through 1995 to carry out title IV of the Act. Requires the Commissioner to submit annually to the Speaker of the House and the President pro tem of the Senate a report that describes each completed project funded under title IV. Requires the Commissioner to: (1) establish by regulation and implement a process to evaluate the results of projects and programs carried out under title IV; and (2) make available to the public each such evaluation and to use it to improve services delivered, or the operation of programs and projects carried out, under the Act. Amends the Older American Community Service Employment Act to make the Older American Community Service Employment Program (the program) applicable to unemployed low-income persons who have poor employment prospects and are fifty-five years of age or older. Revises provisions outlining the authority of the Secretary of Labor with respect to the execution of agreements for furthering the goals and purposes of the program and payment of projects costs to: (1) condition payment of project costs upon the Secretary's determination that the project will prepare an assessment of the participant's skills and talents, need for supportive services, and physical capabilities, except under prescribed conditions; and (2) require (currently, authorize) the Secretary to increase the amount available for paying project administration costs whenever the Secretary determines that it is necessary to carry out the project. Requires the coordination of second career training and job placement experimental projects with training programs for older individuals under the Job Training Partnership Act. Requires the Secretary to coordinate the administration of the program with the Commissioner's administration of the title III, IV, and X programs under the Older Americans Act of 1965 to facilitate access to services under such titles by individuals eligible for employment opportunities under the program. Requires the Secretary to promote and coordinate carrying out projects under the program jointly with programs, projects, or activities under other Acts that provide training and employment opportunities to eligible individuals. Requires additional considerations, including the relative distribution of eligible minority individuals, in making an equitable distribution of assistance for community service employment programs for older Americans among areas within each State. Authorizes appropriations for FY 1992 through 1995 for community service employment for older Americans. Permits certain legalized aliens to receive assistance under the Older Americans Community Service Act of 1965 without such assistance being considered prohibited public assistance under the Immigration and Nationality Act. Provides for dual eligibility with respect to community service employment projects carried out jointly with programs under the Job Training Partnership Act. Amends the Older Americans Act of 1965 to place restrictions on grants to eligible tribal organizations to pay all of the costs for delivery of supportive and nutrition services for older Indians. Requires applications for such grants to contain assurances that the tribal organization will coordinate such services with services provided under the title III State grant program in the same geographic area. Requires similar assurances with respect to applications by organizations for grants under the Native Hawaiian program. Authorizes increased appropriations to carry out the Indian and Native Hawaiian programs under title X (Grants for Native Americans) through FY 1995 of which: (1) 90 percent shall be available to carry out the Indian program; and (2) ten percent shall be available to carry out the Native Hawaiian program. Title II: 1993 National Conference on Aging - Amends the Older Americans Act Amendments of 1987 to direct the President to convene a 1993 National Conference on Aging. Revises Conference administrative provisions, including those regarding conference and related administrative committees. Replaces references in Conference reporting provisions to the Secretary of HHS with references to the new Governing Committee created under the above mentioned administrative provisions to direct the Conference to, among other changes, make the Committee responsible for formulating and approving the Conference's final report. Authorizes appropriations for FY 1992 and 1993 to carry out the Conference. Title III: Amendments to the Native American Programs Act of 1974 - Native American Programs Act Amendments of 1991 - Amends the Native American Programs Act (the Act) of 1974 to establish in HHS' Office of the Administration for Children and Families an Administration for Native Americans as the agency responsible for carrying out Native American programs under the Act. Directs the Secretary to establish an intra-agency task force to review and comment on all policies and practices of agencies in HHS relating to programs affecting Indians, Alaskan Natives, and Native Hawaiians. Extends a demonstration project involving the establishment of a revolving loan fund to promote the economic development of Native Hawaiians. Authorizes appropraitions for FY 1992 for carrying out such project. Repeals provisions regarding the deposit of unneeded monies as miscellaneous receipts in the Treasury. Revises congressional reporting requirements applicable to such project to require annual reports on administration of the project along with specified information concerning loans from the fund. Mandates (currently, authorizes) the provision of technical assistance and training for Native American projects receiving financial assistance under the Act. Requires such projects to be evaluated not less frequently than at three-year intervals. Authorizes appropriations for FY 1992 through 1995 to carry out the provisions of the Act (other than provisions concerning grants to improve tribal regulation of environmental quality). Title IV: General Provisions - States that any authority to enter into contracts under any amendment made by this Act shall be effective only to the extent or in such amounts as are provided in advance in appropriations Acts. Sets forth the effective dates of this Act and its amendments.

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