Older Americans Act Amendments of 1981

(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Eliminates outdated provisions relating to a report on legal services programs.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.