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comply with the requirements set forth in clauses (B), (C), (E), (F), and (K) of paragraph (2).". REGULATIONS AND GUIDELINES

42 USC 5103 i^ote. Ante, p. 1752.

Ante, p. 1752.

SEC. 124. (a)(1) Not later than 60 days after the date of the enactment of this Act, the Secretary of Health and Human Services (hereinafter in this part referred to as the "Secretary") shall publish proposed regulations to implement the requirements of section 4(b)(2)(K) of the Act (as added by section 122(3) of this Act). (2) Not later than 180 days after the date of the enactment of this Act and after completion of a process of not less than 60 days for notice and opportunity for public comment, the Secretary shall publish final regulations under this subsection. (b)(1) Not later than 60 days after the date of the enactment of this Act, the Secretary shall publish interim model guidelines to encourage the establishment within health-care facilities of committees which would serve the purposes of educating hospital personnel and families of disabled infants with life-threatening conditions, recommending institutional policies and guidelines concerning the withholding of medically indicated treatment (as that term is defined in clause (3) of section 3 of the Act (as added by section 121(3) of this Act)) from such infants, and offering counsel and review in cases involving disabled infants with life-threatening conditions. (2) Not later than 180 days after the date of the enactment of this Act and after completion of a period of not less than 60 days for notice and opportunity for public comment, the Secretary shall publish the model guidelines. REPORT ON FINANCIAL RESOURCES

Study. 42 USC 1305.

SEC. 125. The Secretary shall conduct a study to determine the most effective means of providing Federal financial support, other than the use of funds provided through the Social Security Act, for the provision of medical treatment, general care, and appropriate social services for disabled infants with life-threatening conditions. Not later than 270 days after the date of the enactment of this Act, the Secretary shall report the results of the study to the appropriate Committees of the Congress and shall include in the report such recommendations for legislation to provide such financial support as the Secretary considers appropriate. IMPLEMENTATION REPORT

42 USC 5103 note.

SEC. 126. Not later than October 1, 1987, the Secretary shall submit to the appropriate Committees of the Congress a detailed report on the implementation and the effects of the provisions of this part and the amendments made by it. STATUTORY CONSTRUCTION

42 USC 5101 note. 29 USC 794.

SEC. 127. (a) No provision of this Act or any amendment made by this Act is intended to affect any right or protection under section 504 of the Rehabilitation Act of 1973. (b) No provision of this Act or any amendment made by this Act may be so construed as to authorize the Secretary or any other governmental entity to establish standards prescribing specific med-

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98 STAT. 1755

ical treatments for specific conditions, except to the extent that such standards are authorized by other laws. (c) If the provisions of any part of this Act or any amendment made by this Act or the appHcation thereof to any person or circumstances be held invalid, the provisions of the other parts and their application to other persons or circumstances shall not be affected thereby.

Provisions held invalid.

EFFECTIVE DATES

SEC. 128. (a) Except as provided in subsection (b), the provisions of this part or any amendment made by this part shall be effective on the date of the enactment of this Act. (b)(1) Except as provided in paragraph (2), the amendments made by sections 122 and 123(b) of this Act shall become effective one year after the date of such enactment. (2) In the event that, prior to such effective date, funds have not been appropriated pursuant to section 5 of the Act (as amended by section 104 of this Act) for the purpose of grants under section 4(c)(1) of the Act (as added by section 123(a) of this Act), any State which has not met any requirement of section 4(b)(2)(K) of the Act (as added by section 122(3) of this Act) may be granted a waiver of such requirements for a period of not more than one year, if the Secretary finds that such State is making a good-faith effort to comply with such requirements. TITLE II—AMENDMENTS TO THE CHILD ABUSE PREVENTION AND TREATMENT AND ADOPTION REFORM ACT OF 1978 FINDINGS AND DECLARATION OF PURPOSE

SEC. 201. (a) The first sentence of section 201 of the Child Abuse Prevention and Treatment and Adoption Reform Act of 1978 (42 U.S.C. 5111) (hereinafter in this title referred to as "the Act") is amended— (1) by inserting "the welfare of thousands of children in institutions and foster homes and disabled infants with lifethreatening conditions may be in serious jeopardy and that some such children are in need of placement in permanent, adoptive homes; that" after "finds that"; and (2) by inserting "have medically indicated treatment withheld from them, nor" after "should not". (b) The second sentence of section 201 of the Act is amended— (1) by inserting a comma and "including disabled infants with life-threatening conditions," after "special needs"; and (2) by amending clause (2) to read as follows: "(2) providing a mechanism for the Department of Health and Human Services to— "(A) promote quality standards for adoption services, preplacement, post-placement, and post-legal adoption counseling, and standards to protect the rights of children in need of adoption; "(B) coordinate with other Federal departments and agencies, including the Bureau of the Census, to provide for a national adoption and foster care information data-gathering and analysis system; and

42 USC 5102 note.

Waiver.

Ante, p. 1753. Ante, p. 1752.

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PUBLIC LAW 98-457—OCT. 9, 1984 "(C) maintain a national adoption exchange to bring together children who would benefit by adoption and qualified prospective adoptive parents who are seeking such children." MODEL ADOPTION LEGISLATION AND PROCEDURES

42 USC 5112.

SEC. 202. (a) Section 202(a) of the Act is amended by striking out "Health, Education, and Welfare" and inserting in lieu thereof "Health and Human Services". (b) Section 202(c) of the Act is amended by inserting at the end thereof the following new sentence: "The Secretary shall coordinate efforts to improve State legislation with national, State, and local child and family services organizations, including organizations representative of minorities and adoptive families.". (c) Section 202 of the Act is further amended by inserting at the end thereof the following new subsection: "(d) The Secretary shall review all model adoption legislation and procedures published under this section and propose such changes as are considered appropriate to facilitate adoption opportunities for disabled infants with life-threatening conditions.". INFORMATION AND SERVICES

42 USC 5113.

SEC. 203. (a) Section 203(a) of the Act is amended by striking out "Health, Education, and Welfare" and inserting in lieu thereof "Health and Human Services". (b)(1) Section 203(a) of the Act is further amended by inserting before the period at the end thereof a comma and "including services to facilitate the adoption of children with special needs and particularly of disabled infants with life-threatening conditions and services to couples considering adoption of children with special needs". (c)(1) Section 2030?) of the Act is amended by striking out in the matter preceding clause (1) "subsection (a) of this section" and inserting in lieu thereof "this title". (2) Section 203(b)(1) of the Act is amended to read as follows: "(1) provide (after consultation with other appropriate Federal departments and agencies, including the Bureau of the Census and appropriate State and local agencies) for the establishment and operation of a Federal adoption and foster care data-gathering and analysis system;". (3) Section 203(b) of the Act is further amended— (A) by striking out "parent groups" in clause (4) and inserting in lieu thereof "adoptive family groups and minority groups"; (B) by striking out "and" at the end of clause (4); (C) by redesignating clause (5) as clause (7) and by inserting immediately after clause (4) the following new clauses: "(5) encourage involvement of corporations and small businesses in supporting adoption as a positive family-strengthening option, including the establishment of adoption benefit programs for employees who adopt children; "(6) continue to study the nature, scope, and effects of the placement of children in adoptive homes (not including the homes of stepparents or relatives of the child in question) by persons or agencies which are not licensed by or subject to regulation by any governmental entity; and"; and

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98 STAT. 1757

(D) by striking out "Health, Education, and Welfare" and inserting in lieu thereof "Health and Human Services" in clause (7) (as redesignated by clause (C) of this paragraph). AUTHORIZATION OF APPROPRIATIONS

SEC. 204. Section 205 of the Act is amended by striking out "and" after "1978," and by inserting a comma and "and $5,000,000 for each of the fiscal years 1984, 1985, 1986, and 1987," after "fiscal years".

42 USC 5115.

TITLE III—FAMILY VIOLENCE PREVENTION AND SERVICES

Family Violence Prevention and Services Act.

SHORT TITLE

SEC. 301. This title may be cited as the "Family Violence Prevention and Services Act".

42 USC 10401 note.

DECLARATION OF PURPOSE

SEC. 302. It is the purpose of this title to— (1) demonstrate the effectiveness of assisting States in efforts to prevent family violence and to provide immediate shelter and related assistance for victims of family violence and their dependents; and (2) provide for technical assistance and training relating to family violence programs to States, local public agencies (including law enforcement agencies), nonprofit private organizations, and other persons seeking such assistance.

42 USC 10401.

STATE DEMONSTRATION GRANTS AUTHORIZED

SEC. 303. (a)(1) In order to assist in supporting the establishment, maintenance, and expansion of programs and projects to prevent incidents of family violence and to provide immediate shelter and related assistance for victims of family violence and their dependents, the Secretary is authorized, in accordance with the provisions of this title, to make demonstration grants to States. (2) No demonstration grant may be made under this subsection unless the chief executive officer of the State seeking such grant submits an application to the Secretary at such time and in such manner as the Secretary may reasonably require. Each such application shall— (A) provide that funds provided under this subsection will be distributed in demonstration grants to local public agencies and nonprofit private organizations (including religious and charitable organizations, and voluntary associations) for programs and projects within such State to prevent incidents of family violence and to provide immediate shelter and related assistance for victims of family violence and their dependents in order to prevent future violent incidents; (B) provide, with respect to funds provided to a State under this subsection for any fiscal year, that— (i) not more than 5 percent of such funds will be used for State administrative costs; and (ii) in the distribution of funds by the State under this subsection, the State will give special emphasis to the support of community-based projects of demonstrated effectiveness carried out by nonprofit private organizations, par-

42 USC 10402.

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Indians.

PUBLIC LAW 98-457—OCT. 9, 1984

ticularly those projects the primary purpose of which is to operate shelters for victims of family violence and their dependents, and those which provide counseling, alcohol and drug abuse treatment, and self-help services to abusers and victims; (C) set forth procedures designed to involve knowledgeable individuals and interested organizations and assure an equitable distribution of grants and grant funds within the State and between urban and rural areas within such State; (D) specify the State agency to be designated as responsible for the administration of programs and activities relating to family violence which are carried out by the State under this title and for coordination of related programs within the State; (E) provide assurances that procedures will be developed to assure the confidentiality of records pertaining to any individual provided family violence prevention or treatment services by any program assisted under this title and provide assurances that the address or location of any shelter-facility assisted under this title will, except with written authorization of the person or persons responsible for the operation of such shelter, not be made public; (F) provide assurances that, within one year after receipt of funds under this subsection, the State will, provide assurances to the Secretary that the State has or has under consideration a procedure for the eviction of an "abusing spouse from a shared residence; and (G) meet such requirements as the Secretary reasonably determines are necessary to carry out the purposes and provisions of this title. (3) The Secretary shall approve any application that meets the requirements of this subsection, and the Secretary shall not disapprove any such application except after reasonable notice of the Secretary's intention to disapprove and after opportunity for correction of any deficiencies. (b)(1) The Secretary is authorized to make demonstration grants to Indian tribes and tribal organizations for projects designed to prevent family violence and to provide immediate shelter and related assistance for victims of family violence and their dependents. (2) No demonstration grant may be made under this subsection unless an application is made to the Secretary at such time, in such manner, and containing or accompanied by such information as the Secretary deems essential to carry out the purposes and provisions of this title. Such application shall comply, as applicable, with the provisions of clauses (C) (with respect only to involving knowledgeable individuals and organizations), (D), and (E) of subsection (a)(2). (c) No demonstration grant may be made under this section in any fiscal year to any single entity (other than to a State) for an amount in excess of $50,000, and the total amount of such grants to any such single entity may not exceed $150,000. A single entity may not be awarded demonstration grants under this section for a total period in excess of three fiscal years. (d) No funds provided through demonstration grants made under this section may be used as direct payment to any victim of family violence or to any dependent of such victim. (e) No income eligibility standard may be imposed upon individuals with respect to eligibility for assistance or services supported with funds appropriated to carry out this title.

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98 STAT. 1759

(f) No demonstration grant may be made under this section to any entity other than a State unless the entity provides for the following local share as a proportion of the total amount of funds provided under this title to the project involved: 35 percent in the first year such project receives a grant under this title, 55 percent in the second such year, and 65 percent in the third such year. Except in the case of a public entity, not less than 50 percent of the local share of such agency or organization shall be raised from private sources. The local share required under this subsection may be in cash or inkind. The local share may not include any Federal funds provided under any authority other than this title. (g) The Secretary shall assure that not less than 60 percent of the funds distributed under subsection (a) or (b) shall be distributed to entities for the purpose of providing immediate shelter and related assistance to victims of family violence and their dependents. ALLOTMENT OF FUNDS

SEC. 304. (a) From the sums appropriated under section 310 for grants to States for any fiscal year, each State shall be allotted for payment in a grant authorized under section 303(a) an amount which bears the same ratio to such sums as the population of such State bears to the population of all States, except that— (1) each State shall be allotted not less than whichever is the greater of the following amounts: one-half of 1 percent of the amounts available for grants under section 303(a) for the fiscal year for which the allotment is made, or $50,000; and (2) Guam, American Samoa, the Virgin Islands, the Northern Mariana Islands, and the Trust Territory of the Pacific Islands shall each be allotted not less than one-eighth of 1 percent of the amounts available for grants under section 303(a) for the fiscal year for which the allotment is made. For the purpose of the exception contained in clause (1) of the preceding sentence only, the term "State" does not include Guam, American Samoa, the Virgin Islands, the Northern Mariana Islands, and the Trust Territory of the Pacific Islands. (b) For the purpose of this section, the population of each State, and the total population of all the States, shall be determined by the Secretary on the basis of the most recent census data available to the Secretary, and the Secretary shall use for such purpose, if available, the annual interim current census data produced by the Secretary of Commerce pursuant to section 181 of title 13, United States Code. (c) If the sums appropriated under section 310 for any fiscal year for grants to States authorized under section 303(a) are not sufficient to pay in full the total amounts which all States are entitled to receive under such section for such fiscal year, then the maximum amounts which all States are entitled to receive under such section for such fiscal year shall be ratably reduced. In the event that additional funds become available for making such grants for any fiscal year during which the preceding sentence is applicable, such reduced amounts shall be increased on the same basis as they were reduced. (d)(l) If, at the end of the sixth month of any fiscal year for which sums are appropriated under section 310, the amount allotted to a State has not been made available to such State in grants under section 303(a) because of the failure of such State to meet the

42 USC 10403.

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requirements for a grant, then the Secretary shall reallot such amount to States which meet such requirements. (2) Funds made available by the Secretary through reallotment under paragraph (1) shall remain available for expenditure until the end of the fiscal year following the fiscal year in which such funds become available for reallotment. SECRETARIAL RESPONSIBILITIES 42 USC 10404.

Study.

SEC. 305. (a) The Secretary shall appoint an employee of the Department of Health and Human Services to carry out the provisions of this title. The individual appointed under this subsection shall, prior to such appointment, have had expertise in the field of family violence prevention and services. (b) The Secretary shall— (1) coordinate all programs within the Department of Health and Human Services, and seek to coordinate all other Federal programs, which involve the prevention of incidents of family violence and the provision of assistance for victims and potential victims of family violence and their dependents, and ensure that such activities as they relate to elderly persons are coordinated with the Administration on Aging and the National Institute on Aging within the Department of Health and Human Services; (2)(A) provide for research into the causes of family violence, and into the prevention, identification, and treatment thereof (such as research into (i) the effectiveness of reducing repeated incidents of family violence through a variety of sentencing alternatives, such as incarceration, fines, and counseling programs, individually or in combination, and through the use of civil protection orders removing the abuser from the family household, and (ii) the necessity and impact of a mandatory reporting requirement relating to incidents of family violence, particularly abuse of elderly persons), and (B) make a complete study and investigation (in consultation with the National Institute on Aging) of the national incidence of abuse, neglect, and exploitation of elderly persons, including a determination of the extent to which incidents of such abuse, neglect, and exploitation are increasing in number or severity; and (3) provide for the training of personnel and provide technical assistance in the conduct of programs for the prevention and treatment of family violence. EVALUATION

Report. 42 USC 10405.

SEC. 306. Not later than two years after the date on which funds are obligated under section 303(a) for the first time after the date of the enactment of this title, the Secretary shall review, evaluate, and report to the appropriate Committees of the Congress, as to the effectiveness of the programs administered and operated pursuant to this title, particularly in relation to repeated incidents of family violence. Such report shall also include a summary of the assurances provided to the Secretary under section 303(a)(2)(F).

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DISCRIMINATION PROHIBITED

SEC. 307. (a)(1) For the purpose of applying the prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1975, on the basis of handicap under section 504 of the Rehabilitation Act of 1973, on the basis of sex under title IX of the Education Amendments of 1972, or on the basis of race, color, or national origin under title VI of the Civil Rights Act of 1964, programs and activities funded in whole or in part with funds made available under this part are considered to be programs and activities receiving Federal financial assistance. (2) No person shall on the ground of sex or religion be excluded from participation in, be denied the benefits of, or be subject to discrimination under, any program or activity funded in whole or in part with funds made available under this title. Nothing in this title shall require any such program or activity to include any individual in any program or activity without taking into consideration that individual's sex in those certain instances where sex is a bona fide occupational qualification or programmatic factor resisonably necessary to the normal operation of that particular program or activity. The Secretary shall enforce the provisions of the preceding sentence in accordance with section 602 of the Civil Rights Act of 1964. Section 603 of such Act shall apply with respect to any action taken by the Secretary to enforce such sentence. This paragraph shall not be construed as affecting any other legal remedy. (b) Whenever the Secretary finds that a State or other entity that has received financial assistance under this title has failed to comply with a provision of law referred to in subsection (a)(l), with subsection (a)(2), or with an applicable regulation (including one prescribed to carry out subsection (a)(2)), the Secretary shall notify the chief executive officer of the State and shall request such officer to secure compliance. If, within a reasonable period of time, not to exceed sixty days, the chief executive officer fails or refuses to secure compliance, the Secretary may— (1) refer the matter to the Attorney General of the United States with a recommendation that an appropriate civil action be instituted, (2) exercise the powers and functions provided by title VI of the Civil Rights Act of 1964, the Age Discrimination Act of 1975, sections 504 and 505 of the Rehabilitation Act of 1973, or title IX of the Education Amendments of 1972, as may be applicable, or (3) take such other action as may be provided by law. (c) When a ttiatter is referred to the Attorney General pursuant to subsection (b)(D, or whenever the Attorney General has reason to believe that a State or an entity is engaged in a pattern or practice in violation of a provision of law referred to in subsection (a)(l) or in violation of subsection (a)(2), the Attorney General may bring a civil action in any appropriate district court of the United States for such relief as may be appropriate, including injunctive relief.

42 USC 10406. 42 USC note. 29 USC 20 USC 42 USC

6101 794. 1681. 2000d.

42 USC 2000d-l. 42 USC 2000d-2.

42 USC 2000d. 42 USC 6101 note. 29 USC 794, 794a. 20 USC 1681. eourts, U.S.

NATIONAL CLEARINGHOUSE ON FAMILY VIOLENCE PREVENTION

SEC. 308. (a) The Secretary shall operate a national information and research clearinghouse on the prevention of family violence (including the abuse of elderly persons) in order to— (1) collect, prepare, analyze, and disseminate information and statistics and analyses thereof relating to the incidence and

Public information. 42 USC 10407.

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42 USC 5101.

PUBLIC LAW 98-457—OCT. 9, 1984

prevention of family violence (particularly the prevention of repeated incidents of violence) and the provision of immediate shelter and related assistance to victims of family violence and their dependents; and (2) provide information about alternative sources of assistance available with respect to the prevention of incidents of family violence and the provision of immediate shelter and related assistance to victims of family violence and their dependents. (b) The Secretary shall ensure that the activities of the national information and research clearinghouse operated under subsection (a) are coordinated with the information clearinghouse maintained by the National Center on Child Abuse and Neglect under section 2 of the Child Abuse Prevention and Treatment Act. DEFINITIONS

42 USC 10408.

25 USC 450b.

SEC. 309. As used in this title: (1) The term "family violence" means any act or threatened act of violence, including any forceful detention of an individual, which— (A) results or threatens to result in physical injury; and (B) is committed by a person against another individual (including an elderly person) to whom such person is or was related by blood or marriage or otherwise legally related or with whom such person is or was lawfully residing. (2) The terms "Indian tribe" and "tribal organization" have the same meanings given such terms in subsections (b) and (c), respectively, of section 4 of the Indian Self-Determination and Education Assistance Act. (3) The terms "Secretary" means the Secretary of Health and Human Services. (4) The terms "shelter" means the provision of temporary refuge and related assistance in compliance with applicable State law and regulation governing the provision, on a regular basis, of shelter, safe homes, meals, and related assistance to victims of family violence and their dependents. (5) The term "related assistance"— (A) includes counseling and self-help services to abusers, victims, and dependents in family violence situations (which shall include counseling of all family members to the extent feasible) and referrals for appropriate healthcare services (including alcohol and drug abuse treatment), and (B) may include food, clothing, child care, transportation, and emergency services (but not reimbursement for any health-care services) for victims of family violence and their dependents. (6) The term "State" means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, and, except as otherwise provided, Guam, American Samoa, the Virgin Islands, the Northern Mariana Islands, and the Trust Territory of the Pacific Islands.

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text: The Yellow Book/Volume 6/Justice

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98 STAT. 1763

AUTHORIZATION OF APPROPRIATIONS

SEC. 310. (a) There are authorized to be appropriated to carry out the provisions of this title $11,000,000 for fiscal year 1985 and $26,000,000 for each of the fiscal years 1986 and 1987. (b) Of the sums appropriated under subsection (a) for any fiscal year, not less than 85 percent shall be used by the Secretary for making grants under section 303.

42 USC 10409.

LAW ENFORCEMENT TRAINING AND TECHNICAL ASSISTANCE GRANTS AND CONTRACTS

SEC. 311. (a) From the amount appropriated pursuant to section 310 for any fiscal year, the Secretary shall make grants and enter into contracts for the purpose of providing regionally-beised training and technical assistance to provide the personnel of local and State law enforcement agencies with means for responding to incidents of family violence. (b) Grants and contracts under this section shall be awarded competitively on the basis of an application containing such information and assurances as the Secretary may require by regulation. In selecting grant and contract recipients, the Secretary shall select recipients who have demonstrated their effectiveness in preparing the personnel of local and State law enforcement agencies for the handling of incidents of family violence and shall give priority to those applications which propose projects or programs which will develop, demonstrate, or disseminate information with respect to improved techniques for responding to incidents of family violence by law enforcement officers. (c) The Secretary shall delegate to the Attorney General of the United States the Secretary's responsibilities for carrying out this section and shall transfer to the Attorney General from funds appropriated under section 310 not in excess of $2,000,000 for each fiscal year to be used for the purpose of making grants under this section.

42 USC 10410.

ADMINISTRATION AND STATUTORY CONSTRUCTION

SEC. 312. (a) In order to carry out the provisions of this title, the Secretary is authorized to— (1) appoint and fix the compensation of such personnel as are necessary; (2) procure, to the extent authorized by section 3109 of title 5, United States Code, such temporary and intermittent services of experts and consultants as are necessary; (3) make grants to public and nonprofit private entities or enter into contracts with public or private entities; and (4) prescribe such regulations as are reasonably necessary in order to carry out the purposes and the personnel of local and State law enforcement agencies with means for responding to incidents of family violence. (b) Grants and contracts under this section shall be awarded competitively on the basis of an application containing such information and assurances as the Secretary may require by regulation. In selecting grant and contract recipients, the Secretary shall select recipients who have demonstrated their effectiveness in preparing the personnel of local and State law enforcement agencies for the handling of incidents of family violence and shall give priority to

42 USC 10411.

Grants. contracts with U.S. Regulations.

Grants. Contracts with U.S.

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PUBLIC LAW 98-457—OCT. 9, 1984

those applications which propose projects or programs which will develop, demonstrate, or disseminate information with respect to improved techniques for responding to incidents of family violence by law enforcement officers. (c) The Secretary shall delegate to the Attorney General of the United States the Secretary's responsibilities for carrying out this section and shall transfer to the Attorney General from funds appropriated under section 310 not in excess of $2,000,000 for each fiscal year to be used for the purpose of making grants under this section. ADMINISTRATION AND STATUTORY CONSTRUCTION 42 USC 10412.

Grants. Contracts with U.S. Regulations.

SEC. 312. (a) In order to carry out the provisions of this title, the Secretary is authorized to— (1) appoint and fix the compensation of such personnel as are necessary; (2) procure, to the extent authorized by section 3109 of title 5, United States Code, such temporary and intermittent services of experts and consultants as are necessary; (3) make grants to public and nonprofit private entities or enter into contracts with public or private entities; and (4) prescribe such regulations as are reasonably necessary in order to carry out the purposes and provisions of this title. (b) Nothing in this title shall be construed to supersede the application of State or local requirements for the reporting of incidents of suspected child abuse to the appropriate State authorities. Approved October 9, 1984.

LEGISLATIVE HISTORY—H.R. 1904 (S. 1003): HOUSE REPORTS: No. 98-159 (Comm. on Education and Labor) and No. 98-1038 (Comm. on Conference). SENATE REPORT No. 98-246 accompanying S. 1003 (Comm. on Labor and Human R©sourcGs). CONGRESSIONAL RECORD, Vol. 130 (1984): Feb. 2, considered and passed House. July 26, considered and passed Senate, amended, in lieu of S. 1003. Sept. 26, House agreed to conference report. Sept. 28, Senate agreed to conference report.

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98 STAT. 1765

Public Law 98-458 98th Congress Joint Resolution Designating the week beginning on October 7, 1984, as "Mental Illness Awareness Week".

Whereas mental illness is a problem of grave concern and consequence in American society, though one widely but unnecessarily feared and misunderstood; Whereas thirty-one to forty-one million Americans annually suffer from clearly diagnosable mental disorders involving significant disability with respect to employment, attendance at school, or independent living; Whereas mental illness in at least twelve million children interferes with vital developmental and maturational processes; Whereas our growing population of the elderly is particularly vulnerable to mental illness; Whereas mental illness costs our Nation $65,000,000,000 annually, including lost productivity; Whereas mental illness is increasingly a treatable disability with excellent prospects for amelioration and recovery when properly recognized; Whereas in recent years there have been unprecedented major research developments bringing new methods and technology to the sophisticated and objective study of the functioning of the brain and its linkages to both normal and abnormal behavior; Whereas research in recent decades has led to a wide array of new and more effective modalities of treatment (pharmacological, behavioral, psychosocial) for some of the most incapacitating forms of mental illness (including schizophrenia, major affective disorders, phobias, and panic disorders); Whereas appropriate treatment of mental illness has been demonstrated to be cost-effective in terms of restored productivity, reduced utilization of other health services, and lessened social dependence; and Whereas recent and unparalleled growth in scientific knowledge about mental illness has generated the current emergence of a new threshold of opportunity for future research advances and fruitful application to specific clinical problems: Now, therefore, be it

Oct. 9, 1984 [S.J. Res. 322]

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PUBLIC LAW 98-458—OCT. 9, 1984

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the week beginning on October 7, 1984, is hereby designated as "Mental Illness Awareness Week", and the President is authorized and requested to issue a proclamation calling upon the people of the United States to observe such week with appropriate ceremonies and activities. Approved October 9, 1984.

LEGISLATIVE HISTORY—S.J. Res. 322: CONGRESSIONAL RECORD, Vol. 130 (1984): Aug. 10, considered and passed Senate. Oct. 2, considered and passed House.

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98 STAT. 1767

Public Law 98-459 98th Congress An Act To extend the authorization of appropriations for, and to revise the Older Americans Act of 1965.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SHORT TITLE SECTION 1. This Act may be cited as the "Older Americans Act Amendments of 1984".

TITLE I—OBJECTIVES AND DEFINITIONS AMENDMENT TO HEADING

SEC. 101. The heading for title I of the Older Americans Act of 1965 (hereafter in this Act referred to as "the Act") (42 U.S.C. 301 et seq.) is amended by striking out the colon and inserting in lieu thereof a semicolon. COMMUNITY-BASED, LONG-TERM CARE SERVICES

SEC. 102. (a) Section 101(4) of the Act (42 U.S.C. 3001(4)) is amended by inserting before the period the following: ", and a comprehensive array of community-based, long-term care services adequate to appropriately sustain older people in their communities and in their homes". (b) Section 101(8) of the Act (42 U.S.C. 3001(8)) is amended by inserting before the period a comma and "with emphasis on maintaining a continuum of care for the vulnerable elderly". (c) Section 101(10) of the Act (42 U.S.C. 3001(10)) is amended by inserting before the period the following: "and full participation in the planning and operation of community-based services and programs provided for their benefit". TITLE II—AMENDMENTS REGARDING THE ADMINISTRATION ON AGING ADMINISTRATION ON AGING

SEC. 201. Section 201(a) of the Act (42 U.S.C. 3011(a)) is amended— (1) by striking out "principal" in the second sentence, (2) by striking out "his functions" in the second sentence and inserting in lieu thereof "the functions of the Administration", (3) by inserting after the second sentence the following: "There shall be a direct reporting relationship between the Commissioner and the Office of the Secretary.", and (4) by inserting "or require" after "approve" in the last sentence.

Oct. 9, 1984 [S. 2603]

Older Americans Act Amendments of 1984.

42 USC 3001 note.

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 98 STAT. 1768

PUBLIC LAW 98-459—OCT. 9, 1984 FUNCTIONS OF ADMINISTRATION ON AGING

42 USC 1301.

SEC. 202. (a) Section 202(a) of the Act (42 U.S.C. 3012(a)) is amended— (1) in clause (5) by striking out "of and carry out" and inserting in lieu thereof "and implementation of, (2) in clause (9) by inserting after the word "aging" a comma and "including existing legislative protections with particular emphasis on the application of the Age Discrimination in Employment Act of 1967", (3) in clause (16) by striking out "and" the last time it appears, (4) in clause (17) by striking out the period and inserting in lieu thereof "; and", and (5) by adding at the end thereof the following new clause: "(18) consult with national organizations representing minority individuals to develop and disseminate training packages and to provide technical assistance efforts designed to assist State and area agencies in providing services to older individuals with the greatest economic or social needs.". (b) Section 202(b)(1) of the Act (42 U.S.C. 3012(b)(1)) is amended by inserting before the semicolon "and with utilization and quality control peer review organizations under title XI of the Social Security Act". (c) Section 202(c) of the Act (42 U.S.C. 3012(c)) is amended by striking out "his duties and functions" and inserting in lieu thereof "the duties and functions of the Administration". FEDERAL AGENCY CONSULTATION

SEC. 203. (a) Section 203(b)(l) of the Act (42 U.S.C. 3013(b)(1)) is amended to read as follows: 29 USC 1501 "(1) the Job Training Partnership Act,", note. (b) Section 203(b)(3) of the Act (42 U.S.C. 3013(b)(3)) is amended by striking out "XVIII, XIX, and XX" and inserting in lieu thereof "XVI, XVIII, XIX, and XX". (c) Section 203(b)(8) of the Act (42 U.S.C. 3013(b)(8)) is amended— (1) by striking out "the community schools program under the Elementary and Secondary Education Act of 1965,", and (2) by striking out "1965, and" and inserting in lieu thereof "1965 and". (d) Section 203(b)(9) of the Act (42 U.S.C. 3013(b)(9)) is amended by striking out "5,". (e) Section 203(b) of the Act (42 U.S.C. 3013(b)) is amended— (1) by striking out "and" at the end of clause (8); (2) by striking out the period at the end of clause (9) and inserting in lieu thereof a comma; and (3) by adding at the end thereof the following: 42 USC 201 note. "(10) the Public Health Service Act, 42 USC 8621 "(11) the Low-Income Home Energy Assistance Act of 1981, note. "(12) part A of the Energy Conservation in Existing Buildings 42 USC 6861. Act of 1976, relating to weatherization assistance for low income persons, 42 USC 9901 "(13) the Community Services Block Grant Act, and note. "(14) demographic statistics and analysis programs conducted by the Bureau of the Clensus under title 13, United States Code.".

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Page:United States Statutes at Large Volume 98 Part 2.djvu/609

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98 STAT. 1769

FEDERAL COUNCIL ON THE AGING

SEC. 204. (a) Section 204(a) of the Act (42 U.S.C. 3015(a)) is amended to read as follows: "(a)(1) There is established a Federal Council on the Aging to be Establishment. composed of 15 members. Members shall serve for terms of three years without regard to the provisions of title 5, United States Code. Members shall be appointed by each appointing authority so as to be representative of rural and urban older individuals, national organizations with an interest in aging, business, labor, minorities, and the general public. At least two of the members appointed by each appointing authority shall be older individuals. No full-time officer or employee of the Federal Government may be appointed as a member of the Council. "(2) Members appointed to the Federal Council on the Aging established by this section prior to the date of enactment of the Older Americans Act Amendments of 1984 who are serving on such Ante, p. 1767. date, shall continue to serve on the Federal Council established by paragraph (1) of this subsection until members are appointed in accordance with subsection (b)(1).". (b) Section 204(b)(1) of the Act (42 U.S.C. 3015(b)(1)) is amended to read as follows: "(1)(A) The members appointed in 1985 shall be referred to as class 1 members; the members appointed in 1986 shall be referred to as class 2 members; and the members appointed in 1987 shall be referred to as class 3 members. "(B)(i) Members of each class shall be appointed in the manner prescribed by this subparagraph. "(ii) Of the members of class 1, two shall be appointed by the President, two by the President pro tempore of the Senate upon the recommendation of the Majority Leader and the Minority Leader, and one by the Speaker of the House of Representatives upon the recommendation of the Majority Leader and the Minority Leader. "(iii) Of the members of class 2, two shall be appointed by the President, one by the President pro tempore of the Senate upon the recommendation of the Majority Leader and the Minority Leader, and two by the Speaker of the House of Representatives upon the recommendation of the Majority Leader and the Minority Leader. "(iv) Of the members of class 3, one shall be appointed by the President, two by the President pro tempore of the Senate upon the recommendation of the Majority Leader and the Minority Leader, and two by the Speaker of the House of Representatives upon the recommendation of the Majority Leader and the Minority Leader.". (c)(1) Section 204(b)(2) of the Act (42 U.S.C. 3015(b)(2)) is amended by striking out "his" and inserting in lieu thereof "such member's". (2) Section 204(c) of the Act (42 U.S.C. 3015(c)) is amended by striking out "Chairman" each place it appears and inserting in lieu thereof "Chairperson". (3) Section 204(d) of the Act (42 U.S.C. 3015(d)) is amended by striking out clause (2) and by redesignating clauses (3), (4), (5), and (6) as clauses (2), (3), (4), and (5), respectively. (4) Section 204(e) of the Act (42 U.S.C. 3015(e)) is amended by striking out "Chairman" and inserting in lieu thereof "Chairperson". (d) Section 204(g) of the Act (42 U.S.C. 3015(g)) is amended— (1) by striking out "$200,000" and all that follows through "1983, and", and

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 98 STAT. 1770

PUBLIC LAW 98-459—OCT. 9, 1984 (2) by inserting before the period at the end thereof the following: "and $200,000 for each of the fiscal years 1985, 1986, and 1987". ISSUANCE OF REGULATIONS

Federal Register, publication. Ante, p. 1767.

SEC. 205. (a) Section 205(b) of the Act (42 U.S.C. 3016(b)) is amended by striking out "his functions" and inserting in lieu thereof "the functions of the Administration". (b) Section 205 of the Act (42 U.S.C. 3016) is amended— (1) by redesignating subsection (c) as subsection (d), and (2) by inserting after subsection (b) the following new subsection: "(c) Not later than 120 days after the date of the enactment of the Older Americans Act Amendments of 1984, the Secretary shall issue and publish in the Federal Register proposed regulations for the administration of this Act. After allowing a reasonable period for public comment on such proposed rules and not later than 90 days after such publication, the Secretary shall issue, in final form, regulations for the administration of this Act.". EVALUATION

Prohibition. 42 USC 3161.

Minorities.

SEC. 206. (a) The first sentence of section 2060b) of the Act (42 U.S.C. 30170t))) is amended to read as follows: "The Secretary may not make grants or contracts under title IV of this Act until the Secretary develops and publishes general standards to be used by the Secretary in evaluating the programs and projects assisted under such title.". (b) Section 206(c) of the Act (42 U.S.C. 3017(c)) is amended by adding at the end thereof the following: "In carrying out such evaluations, the Secretary shall consult with organizations concerned with older individuals, including those representing minority individuals.". (c) Section 206(d) of the Act (42 U.S.C. 3017(d)) is amended— (1) by inserting after "effectiveness" a comma and the following: "including, as appropriate, health and nutrition education demonstration projects conducted under section 307(f)", and (2) by inserting after "Congress" a comma and the following: "be disseminated to Federal, State, and local agencies and private organizations with an interest in aging,". (d) The first sentence of section 206(g) of the Act (42 U.S.C. 3017(g)) is amended— (1) by striking "1 per centum" and inserting in lieu thereof "one-tenth of 1 percent", (2) by inserting after "Act" the following: "for each fiscal year", and (3) by striking out "$1,000,000 whichever is greater" and inserting in lieu thereof "$300,000 whichever is lower". REPORTS

SEC. 207. (a) Section 207 of the Act (42 U.S.C. 3018) is amended by striking out "for transmittal" and inserting in lieu thereof "and". (b) Section 207 of the Act is amended by inserting "(a)" after the section designation, and adding at the end thereof the following new subsection:

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98 STAT. 1771

"(b) Not later than 2 years after enactment of the Older Americans Act Amendments of 1984, the Commissioner shall prepare and Ante, p. 1767. submit a report to the Congress on the extent to which the need for services for the prevention of the abuse of individuals is unmet, based on information gathered pursuant to section 306(a)(6)(J).". Post, p. 1774. REDUCTION OF PAPERWORK

SEC. 208. Section 211 of the Act (42 U.S.C. 3020b) is amended by inserting before the period at the end thereof the following: "and, in gathering such information, shall make use of uniform service definitions to the extent that such definitions are available". TITLE III—GRANTS FOR PROGRAMS ON AGING GENERAL PROVISIONS

SEC. 301. The matter preceding clause (1) of section 301(a) of the Act (42 U.S.C. 3021(a)) is amended— (1) by striking out "local agencies" and inserting in lieu thereof "area agencies" each time it appears, (2) by inserting after "development" the following: "and implementation", (3) by adding after "providers" a comma and "including voluntary organizations,", and (4) by striking "for the provision o f after the word "planning". DEFINITIONS

SEC. 302. Section 302 of the Act (42 U.S.C. 3022) is amended— (1) in paragraph (2)(B)— (A) by inserting after "employs" a comma and the following: "where feasible,", and (B) by inserting after "staff the following: "to assess the needs and capacities of older individuals,", (2) in paragraph (4) by striking out "legal services" and inserting in lieu thereof "legal assistance", (3) in paragraph (6) by striking out "and the Northern Mariana Islands" and inserting in lieu thereof ", and the Commonwealth of the Northern Mariana Islands", and (4) by adding at the end thereof the following new paragraphs: "(10) The term 'older individual' means any individual who is 60 years of age or older. "(11) The term 'multipurpose senior center' means a community facility for the organization and provision of a broad spectrum of services, which shall include, but not be limited to, provision of health, social, nutritional, and educational services and the provision of facilities for recreational activities for older individuals. "(12) The term 'focal point' means a facility established to encourage the maximum collocation and coordination of services for older individuals.". AUTHORIZATION OF APPROPRIATIONS

SEC. 303. (a) Section 303(a) of the Act (42 U.S.C. 3023(a)) is amended—

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 98 STAT. 1772

PUBLIC LAW 98-459—OCT. 9, 1984

(1) by striking out "$300,000,000" and all that follows through "1983, and", and (2) by inserting after "1984," the following: "$325,700,000 for fiscal year 1985, $343,600,000 for fiscal year 1986, and $361,500,000 for fiscal year 1987,". (b) Section 303(b) of the Act (42 U.S.C. 3023(b)) is amended— (1) in paragraph (1)— (A) by striking out "$350,000,000" and all that follows through "1983, and", and (B) by inserting after "1984," the following: "$360,800,000 for fiscal year 1985, $376,500,000 for fiscal year 1986, and $395,000,000 for fiscal year 1987,", and (2) in paragraph (2)— (A) by striking out "$80,000,000" and all that follows through "1983, and", and (B) by inserting after "1984," the following: "$69,100,000 for fiscal year 1985, $72,000,000 for fiscal year 1986, and $75,600,000 for fiscal year 1987,". (c) Section 303(c)(2) of the Act is amended by striking out "legal services" and inserting in lieu thereof "legal assistance". TECHNICAL AMENDMENTS

SEC. 304. (a) Section 304(a) of the Act (42 U.S.C. 3024(a)) is amended— (1) by striking out "From" in paragraph (1) and by inserting in lieu thereof "Subject to paragraph (2), from", (2) by striking out "under parts B and C" in paragraph (1) and inserting in lieu thereof "under section 303", (3) in paragraph (1) by striking out "Northern Mariana Islands" each place it appears and inserting in lieu thereof "Commonwealth of the Northern Mariana Islands", (4) by striking out "(C)" and inserting in lieu thereof "and (C)", (5) by striking out "; and (D) no State shall be allotted an amount less than the State received for fiscal year 1978" in paragraph (1), (6) in paragraph (2) by striking out "him" and inserting in lieu thereof "the Commissioner", (7) by redesignating paragraph (2) as paragraph (3), and (8) by inserting after paragraph (1) the following: "(2) No State shall be allotted less than the total amount allotted to the State under paragraph (1) of this subsection and section 308 for fiscal year 1984.'. (b) Section 304(b) of the Act (42 U.S.C. 3024(b)) is amended by striking out "he" each place it appears and inserting in lieu thereof "the Commissioner". (c) Section 304(c) of the Act (42 U.S.C. 3024(c)) is amended— (1) by striking out "subsection (d)(l)(B)", and inserting in lieu thereof "subsection (d)(l)(D)", and (2) by striking out "for in-kind resources" and inserting in lieu thereof "or in-kind resources". (d) Section 304(d)(1) of the Act (42 U.S.C. 3024(d)(1)) is amended— (1) by inserting in the matter preceding clause (A) after "allotment" a comma and the following: "after the application of section 308(b)", (2) by striking out "and" at the end of clause (B),

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98 STAT. 1773

(3) by redesignating clause (C) as clause (D), and (4) by inserting after clause (B), the following new clause: "(C) after September 30, 1986, such amount as the State agency determines to be adequate, but not more than 1 percent, for conducting effective demonstration projects in health and nutrition education under section 307(f) shall be available for conducting such projects; and".

Health.

Post, p. 1777.

ORGANIZATION

SEC. 305. (a)(1) Section 305(a)(l)(E) of the Act (42 U.S.C. 3025(a)(l)(E)) is amended by striking out "(b)(5)" and inserting in lieu thereof "(b)(5)(A)". (2) Section 305(a)(2)(E) of the Act (42 U.S.C. 3025(a)(2)(E)) is amended by inserting ", with particular attention to low-income minority individuals," after "social needs". (b)(l) Section 305(b)(3) of the Act (42 U.S.C. 3025(b)(3)) is amended by striking out "he" and inserting in lieu thereof "the Commissioner". (2) Section 305(b)(5) of the Act (42 U.S.C. 3025(b)(5)) is amended by inserting "(A)" after the paragraph designation, and by adding at the end thereof the following new subparagraph: "(B) Whenever a State agency designates a new area agency on aging after the date of enactment of the Older Americans Act Amendments of 1984, the State agency shall give the right to first refusal to a unit of general purpose local government if (i) such unit can meet the requirements of subsection (c), and (ii) the boundaries of such a unit and the boundaries of the area are reasonably contiguous.". (c) Section 305 of the Act (42 U.S.C. 3025) is amended by adding at the end thereof the following new subsection: "(d)(1) The publication for review and comment required by clause (2)(C) of subsection (a) shall include— "(A) a descriptive statement of the formula's assumptions and goals, and the application of the definitions of greatest economic or social need, "(B) a numerical statement of the actual funding formula to be used, "(C) a listing of the population, economic, and social data to be used for each planning and service area in the State, and "(D) a demonstration of the allocation of funds, pursuant to the funding formula, to each planning and service area in the State. "(2) For purposes of clause (2)(E) of subsection (a) and paragraph (1) of this subsection, the term 'greatest economic need' means the need resulting from an income level at or below the poverty threshold established by the Bureau of the Census, and the term 'greatest social need' means the need caused by noneconomic factors which include physical and mental disabilities, language barriers, and cultural or social isolation including that caused by racial or ethnic status which restricts an individual's ability to perform normal daily tasks or which threatens his or her capacity to live independently.".

State and local governments. Ante, p. 1767.

Funds.

Disadvantaged persons. Handicapped persons.

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Page:United States Statutes at Large Volume 98 Part 2.djvu/614

 98 STAT. 1774

PUBLIC LAW 98-459—OCT. 9, 1984 AREA PLANS

Health.

SEC. 306. (a) Section 306(a) of the Act (42 U.S.C. 3026(a)) is amended— (1) in clause (1) by inserting after "area", the third time it appears, "and the efforts of voluntary organizations in the community", (2) in clause (2)— (A) by inserting "each of the following categories of services" after "the delivery o f in the matter preceding subclause (A), (B) by striking out "and" the last time it appears in the parenthetical phrase in subclause (B), and by inserting after "maintenance" a comma and the following: "and supportive services for families of elderly victims of Alzheimer's disease and other neurological and organic brain disorders of the Alzheimer's type", (C) by amending subclause (C) to read as follows: "(C) legal assistance;", and (D) by striking out "and that some funds" and all that follows through "services", and inserting in lieu thereof "and specify annually in such plan, as submitted or as amended, in detail the amount of funds expended for each such category during the fiscal year most recently concluded", (3) in clause (3) by striking out "to encourage the maximum collocation and coordination of services for older individuals, and give" and inserting in lieu thereof a comma and the following: "giving", (4) in clause (5)(A) by inserting ", with particular attention to low-income minority individuals," after "social needs", and (5) in clause (6)— (A) by striking out subclause (F), (B) in subclause (G) by inserting "(including minority individuals)" after "individuals" the first place it appears, (C) in subclause (I) by striking out the period at the end thereof and inserting in lieu thereof a semicolon, (D) by redesignating subclauses (G), (H), and (I) as subclauses (F), (G), and (H), respectively, and (E) by adding at the end thereof the following: "(I) conduct efforts to facilitate the coordination of community-based, long-term care services designed to retain individuals in their homes, thereby deferring unnecessary, costly institutionalization, and designed to emphasize the development of client-centered case management systems as a component of such services; "(J) identify the public and private nonprofit entities involved in the prevention, identification, and treatment of the abuse, neglect, and exploitation of older individuals, and based on such identification, determine the extent to which the need for appropriate services for such individuals is unmet; and "(K) facilitate the involvement of long-term care providers in the coordination of community-based long-term care services and work to ensure community awareness of and involvement in addressing the needs of residents of longterm care facilities.

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Index talk:Catholic Encyclopedia, volume 16.djvu

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Page:United States Statutes at Large Volume 98 Part 2.djvu/615

 PUBLIC LAW 98-459—OCT. 9, 1984

98 STAT. 1775

For purposes of clause (5)(A), the term 'greatest economic need' means the need resulting from an income level at or below the poverty threshold established by the Bureau of the Census and the term 'greatest social need' means the need caused by noneconomic factors which include physical and mental disabilities, language barriers, cultural or social isolation including that caused by racial or ethnic status which restricts an individual's ability to perform normal daily tasks or which threaten his or her capacity to live independently.''. (b) Section 306(b) of the Act (42 U.S.C. 3026(b)) is amended— (1) by inserting "(1)" after the subsection designation, and (2) by adding at the end thereof the following new paragraph: "(2)(A) Bef6re an area agency on aging requests a waiver under paragraph (1) of this subsection, the area agency on aging shall conduct a timely public hearing in accordance with the provisions of this paragraph. The area agency on aging requesting a waiver shall notify all interested parties in the area of the public hearing and furnish the interested parties with an opportunity to testify. "(B) The area agency on aging shall prepare a record of the public hearing conducted pursuant to subparagraph (A) and shall furnish the record of the public hearing with the request for a waiver made to the State under paragraph (1).". STATE PLANS

SEC. 307. (a) Section 307(a) of the Act (42 U.S.C. 3027(a)) is amended— (1) in clause (3)(A) by striking out "legal services" and inserting in lieu thereof "legal assistance", (2) in clause (10)— (A) by striking out ", including nutrition services," and inserting in lieu thereof "or nutrition services,", and (B) by inserting before the semicolon a comma and "or where such services are directly related to such State or area agency on aging's administrative functions, or where such services of comparable quality can be provided more economically by such State or area agency on aging", (3) in clause (12)— (A) by striking out "which is not" the first place it appears in subclause (A) and inserting in lieu thereof ", other than an agency or organization which is", (B) by striking out "not" the second place it appears in subclause (A), (C) by striking out "will—" in subclause (A) and inserting in lieu thereof "provides an individual who will, on a fulltime basis—", (D) by inserting "staff and" after "training" in subclause (A)(iv), (E) in subclause (C) by striking out "and" at the end thereof, (F) in subclause (D)(ii) by inserting "and" after the semicolon at the end thereof, and (G) by adding at the end thereof the following new subclause: "(E) in planning and operating the ombudsman program, consider the views of area agencies on aging, older individuals, and provider agencies;".

Handicapped persons. Disadvantaged persons.

Public availability.

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 98 STAT. 1776

Disadvantaged persons.

Confidentiality.

PUBLIC LAW 98-459—OCT. 9, 1984 (4) in clause (13)— (A) by striking out "subparagraph (H)" in subclause (B) and inserting in lieu thereof "subclause (H)", (B) by striking out "charge participating individuals" in subclause (C)(i), and inserting in lieu thereof "solicit voluntary contributions", and (C) by striking out "charges" in subclause (C)(ii) and inserting in lieu thereof "voluntary contributions", (5) in clause (15) by striking out "legal services" each place it appears and inserting in lieu thereof "legal assistance". (6) by amending clause (15)(B) to read as follows: "(g) ^j^g pj^n contains assurances that no legal assistance will be furnished unless the grantee administers a program designed to provide legal assistance to older individuals with social or economic need and has agreed, if the grantee is not a Legal Services Corporation project grantee, to coordinate its services with existing Legal Services Corporation projects in the planning and service area in order to concentrate the use of funds provided under this title on individuals with the greatest such need; and the area agency makes a finding, after assessment, pursuant to standards for service promulgated by the Commissioner, that any grantee selected is the entity best able to provide the particular services;", (7) in clause (17XBXii) by striking out the period at the end of such section and inserting in lieu thereof a semicolon and "and", (8) in clause (18) by striking out "Northern Mariana Islands" and inserting in lieu thereof "Commonwealth of the Northern Mariana Islands", (9) by redesignating clauses (16), (17), and (18) as clauses (19), (20), and (21), respectively, and (10) by inserting after clause (15) the following new clauses: "(16) provide that whenever the State desires to provide for services for the prevention of abuse of older individuals— "(A) the plan contains assurances that any area agency on aging carrying out such services will conduct a program consistent with relevant State law and coordinated with existing State adult protective service activities for— "(i) public education to identify and prevent abuse of older individuals; "(ii) receipt of reports of abuse of older individuals; "(iii) active participation of older individuals participating in programs under this Act through outreach, conferences, and referral of such individuals to other social service agencies or sources of assistance where appropriate and consented to by the parties to be referred; and "(iv) referral of complaints to law enforcement or public protective service agencies where appropriate; "(B) the State will not permit involuntary or coerced participation in the program of services described in this clause by alleged victims, abusers, or their households; and "(C) all information gathered in the course of receiving reports and making referrals shall remain confidential unless all parties to the complaint consent in writing to the release of such information, except that such information

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98 STAT. 1777

may be released to a law enforcement or public protective service agency; "(17) provide assurances that each State will provide inservice training opportunities for personnel of agencies and programs funded under this Act; "(18) provide assurances that each State will assign personnel to provide State leadership in developing legal assistance programs for older individuals throughout the State;". (b) Section 307(b)(l) of the Act (42 U.S.C. 3027(b)(l)) is amended by striking out "he" and inserting in lieu thereof "the Commissioner". (c) Section 307(d) of the Act (42 U.S.C. 3027(d)) is amended— (1) by striking out "his" and inserting in lieu thereof "the Commissioner's", (2) by striking out "he" each place it appears and inserting in lieu thereof "the Commissioner", and (3) by striking out "section 307" and inserting in lieu thereof (d) Section 307(e) of the Act (42 U.S.C. 3027(e)) is amended— (1) in paragraph (1)— (A) by striking out "him" and inserting in lieu thereof "the Commissioner", and (B) by striking out "he based his action" and inserting in lieu thereof "the Commissioner's action is based", and (2) in the first sentence of paragraph (2) by striking out "his" and inserting in lieu thereof "the Commissioner's". (e) Section 307 of the Act (42 U.S.C. 3027) is amended by adding at the end thereof the following new subsection: "(fKD From amounts made available under section 304(d)(l)(C) after September 30, 1986, each State shall provide for the establishment of at least one demonstration project for health and nutrition education to be conducted by one or more area agencies on ^ n g within the State based on the information and materials disseminated under section 704(d)(2). "(2) Each such project shall— "(A) be administered by the area agency for the purpose of improving the health and nutrition of older individuals served by the agency; "(B) be established and administered in consultation with an appropriate gerontology center; "(C) be designed to improve the health and nutrition of older individuals through increasing their physical fitness activities and improving the nutritional value of meals in their own daily living habits; "(D) if appropriate, be conducted in conjunction with schools of pulDlic health, schools of medicine, public health and social service slgencies, private voluntary organizations, or other entities concerned with the hefdth and well-being of older individuals; and "(E) be evaluated and the evaluation shall be submitted prior to October 1, 1987, together with such interim reports as the Commissioner may reasonably require.". ADMINISTRATION OP STATE PLANS

SEC. 308. (a) Section 308(a) of the Act (42 U.S.C. 3028(a)) is amended—

Health. Ante, p. 1772.

Post, p. 1791.

Reports

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Page:United States Statutes at Large Volume 98 Part 2.djvu/618

 98 STAT. 1778 42 USC 3023.

Guam. American Samoa. Virgin Islands. Trust Territory of the Pacific Islands. Northern Mariana Islands.

PUBLIC LAW 98-459—OCT. 9, 1984

(1) in paragraph (1) by striking out "Amounts appropriated under section 303" and inserting in lieu thereof "Amounts available to States under subsection (b)(D", and (2) in paragraph (2) by striking out "received by a State under this section" and inserting in lieu thereof "available to a State under subsection (b)(D". (b) Section 308(b) of the Act (42 U.S.C. 3028(b)) is amended— (1) in the first sentence of paragraph (2)(A) by striking out "Any" and inserting in lieu thereof "If the aggregate amount appropriated under section 303 for a fiscal year does not exceed $800,000,000, then any", (2) in paragraph (5) by striking out "he" and inserting in lieu thereof "the Commissioner", (3) in paragraph (6)— (A) by inserting "(A)" after "(6)", (B) by inserting "and except as provided in subparagraph (B)" after "provisions of this title"; and (C) by adding at the end thereof the following new subparagraph: "(B) Of the funds received under section 303, a State may elect to transfer under subparagraph (A)— "(i) not more than 27 percent of the funds appropriated for fiscal year 1985; "(ii) not more than 29 percent of the funds appropriated for fiscal year 1986; and "(iii) not more than 30 percent of the funds appropriated for fiscal year 1987.", (4) by striking out paragraphs (3) and (4), (5) by redesignating paragraphs (2), (5), and (6) as paragraphs (3), (4), and (5), respectively, and (6) by striking out paragraph (1) and inserting in lieu thereof the following new paragraphs: "(I)(A) If for any fiscal year the aggregate amount appropriated under section 303 does not exceed $800,000,000, then— "(i) except as provided in clause (ii), the greater of 5 percent of the allotment to a State under section 304(a)(l) or $300,000; and "(ii) in the case of Guam, American Samoa, the Virgin Islands, the Trust Territory of the Pacific Islands, and the Commonwealth of the Northern Mariana Islands, the greater of 5 percent of such allotment or $75,000; shall be available to such State to carry out the purposes of this section. "(2)(A) If for any fiscal year the aggregate amount appropriated under section 303 exceeds $800,000,000, then— "(i) except as provided in clause (ii), the greater of 5 percent of the allotment to a State under section 304(a)(l) or $500,000; and "(ii) in the case of Guam, American Samoa, the Virgin Islands, the Trust Territory of the Pacific Islands, and the Commonwealth of the Northern Mariana Islands, the greater of 5 percent of such allotment or $100,000; shall be available to such State to carry out the purposes of this section.".

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98 STAT. 1779

TECHNICAL AMENDMENT

SEC. 309. (a) Section 309(a) of the Act (42 U.S.C. 3029(a)) is amended by striking out "he" and inserting in Heu thereof "the Commissioner". (b) Section 309(b)(2) of the Act (42 U.S.C. 3029(b)(2)) is amended by striking out "section 304(d)(1)(B)" and inserting in lieu thereof "section 304(d)(1)(D)". Ante, p. 1772. SURPLUS C O M M O D I T I E S; AUTHORIZATION OF APPROPRIATIONS

SEC. 310. (a) Section 311(a)(4) of the Act (42 U.S.C. 3030a(a)(4)) is amended— (1) by striking out "subsection (d)" and inserting in lieu thereof "subsection (c)", and (2) by inserting "for All Urban Consumers" after "Consumer Price Index". (b)(1) Section 311 of the Act (42 U.S.C. 3030a) is amended by redesignating subsection (d)(1) as subsection (c)(D(2) Section 311(c)(l) of the Act (42 U.S.C. 3030a(c)(l)), as so redesignated, is amended— (A) by striking out "$93,200,000" and all that follows through "1983, and", (B) by inserting "$120,800,000 for fiscal year 1985, $125,900,000 for fiscal year 1986, and $132,000,000 for fiscal year 1987," after "1984,", and (C) by striking out "1981" and inserting in lieu thereof "1983". (3) Section 311(c)(l) of the Act (42 U.S.C. 3030a(c)(l)), as so redesignated, is amended by inserting "(A)" after "(1)" and by adding at the end thereof the following new subparagraph: "(B) Effective on the first day of the first month beginning after Effective date. the date of enactment of the Older Americans Act Amendments of Claims. 1984, no State may receive reimbursement under the provisions of Ante, p. 1767. this section unless the State submits final reimbursement claims for meals within 90 days after the last day of the quarter for which the reimbursement is claimed.". (4) Section 311(c)(2) of the Act (42 U.S.C. 3030a(c)(2)), as so redesignated, is amended by striking out "appropriation" and inserting in lieu thereof "appropriations". AUDIT

SEC. 311. (a) Section 313 of the Act (42 U.S.C. 3030c) is amended by inserting "(a)" after the section designation and by adding at the end thereof the following new subsection: "(b) State agencies and area agencies on aging shall not request information or data from providers which is not pertinent to services furnished pursuant to this Act or a payment made for such services.". SUPPORTIVE SERVICES

SEC. 312. (a) Section 321(a) of the Act (42 U.S.C. 3030d(a)) is amended— (1) by striking out clause (5) and inserting in lieu thereof the following: "(5) services designed to assist older individuals in avoiding institutionalization and to assist individuals in long-term care institutions who are able to return to their communities.

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Health.

PUBLIC LAW 98-459—OCT. 9, 1984 including client assessment through case management and integration and coordination of community services such as preinstitution evaluation and screening and home health services, homemaker services, shopping services, escort services, reader services, and letter writing services, through resource development and management to assist such individuals to live independently in a home environment;", (2) in clause (6)— (A) by striking out "legal services" and inserting in lieu thereof "legal assistance", and (B) by striking out "and financial counseling" and inserting in lieu thereof ", financial counseling, and counseling regarding appropriate health and life insurance coverage", (3) in clause (8) by striking out "illness" and inserting in lieu thereof "illnesses", (4) in clause (14) by striking out "or" at the end thereof, (5) by redesignating clause (15) as clause (19), and (6) by inserting after clause (14) the following new clauses: "(15) services for the prevention of abuse of older individuals in accordance with clause (16) of section 307(a); "(16) inservice training and State leadership for legal assistance activities; "(17) health and nutrition education services; "(18) services designed to enable mentally impaired older individuals to attain and maintain emotional well-being and independent living through a coordinated system of support services* or". (b) Section 32i(b) of the Act (42 U.S.C. 3030d(b)) is amended— (1) in paragraph (1) by striking out all that follows "centers" and inserting in lieu thereof a period, and (2) in paragraph (2)— (A) by striking out "used," and inserting in lieu thereof "used", and (B) by striking out "centers, to meet" and inserting in lieu thereof "centers and meeting". TITLE IV—TRAINING, RESEARCH, AND DISCRETIONARY PROGRAMS RELATED TO AGING GENERAL PURPOSE AND ADMINISTRATION

SEC. 401. Title IV of the Act (42 U.S.C. 3031-3037a) is amended by inserting after the title designation the following new section: STATEMENT OF PURPOSE

42 USC 3030aa.

"SEC. 401. It is the purpose of this title to expand the Nation's knowledge and understanding of aging and the aging process, to design and test innovative ideas in programs and services for older individuals, and to help meet the needs for trained personnel in the field of aging through— "(1) placing a priority on the education and training of personnel to work with and on behalf of older individuals; "(2) research and development of effective practices in the field of aging; "(3) demonstration projects directly related to the field of aging; and

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"(4) dissemination of information on aging and the aging process acquired through such programs to public and private organizations or programs for older individuals. "ADMINISTRATION

"SEC. 402. (a) In order to carry out the provisions of this title effectively, the Commissioner shall administer this title through the Administration on Aging. "(b) In carrying out the provisions of this title, the Commissioner may request the technical assistance and cooperation of the Department of Education, the National Institutes of Health, and such other agencies and departments of the Federal Government as may be appropriate.".

42 USC 3030bb.

EDUCATION AND TRAINING

SEC. 402. Title IV of the Act (42 U.S.C. 3031-3037a) is amended by inserting after the heading for part A the following new section: "PURPOSE

"SEC. 410. The purpose of this part is to improve the quality of service and to help meet critical shortages of adequately trained personnel for programs in the field of aging by— "(1) identifying both short- and long-range manpower needs in the field of aging; "(2) providing a broad range of educational and training opportunities to meet those needs; "(3) attracting a greater number of qualified personnel into the field of aging; "(4) helping to upgrade personnel training programs to make them more responsive to the need in the field of aging; and "(5) establishing and supporting multidisciplinary centers of gerontology and providing special emphasis that will improve, enhance, and expand existing training programs.".

42 USC 3030jj.

AUTHORITY FOR GRANTS AND CONTRACTS

SEC. 403. Section 411 of the Act (42 U.S.C. 3031) is amended to read as follows: " G R A N T S AND CONTRACTS

"SEC. 411. (a) The Commissioner shall make grants and enter into contracts to achieve the purpose of this part. The purposes for which such grants and contracts shall be made include the following: "(1) To provide comprehensive and coordinated nondegree education, training programs, and curricula at institutions of higher education and at other research, training, or educational organizations, for practitioners in the fields of nutrition, health care, supportive services, housing, and long-term care, including the expansion and enhancement of existing inservice education and training programs. "(2) To provide inservice training opportunities to the personnel of State offices, area agencies, senior centers, and nutrition programs to strengthen their capacity to remain responsive to the needs of older individuals. "(3) To provide courses on aging and the dissemination of information about aging to the public through institutions of

Education.

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 98 STAT. 1782

Audit.

PUBLIC LAW 98-459—OCT. 9, 1984

higher education and other public and nonprofit private organizations and agencies. "(b) To achieve the purpose of this title, the Administration on Aging shall conduct both— "(1) long-term educational activities to prepare personnel for careers in the field of aging; and "(2) short-term inservice training and continuing education activities for State and area agency personnel, and other personnel, in the field of aging or preparing to enter the field of aging. "(c) In making grants and contracts under this part, the Commissioner shall give special consideration to the recruitment and training of personnel, volunteers, and those individuals preparing for employment in that part of the field of aging which relates to providing custodial and skilled care for older individuals who suffer from Alzheimer's disease and other neurological and organic brain disorders of the Alzheimer's type and providing family respite services with respect to such individuals. "(d) In making grants or contracts under this part, the Commissioner shall ensure that all projects and activities related to personnel training shall include specific data on the number of individuals to be trained and the number of older individuals to be served through such training activities by public and nonprofit agencies, State and area agencies on aging, institutions of higher education, and other organizations.". MULTIDISCIPUNARY CENTERS OF GERONTOLOGY

Study.

Audit.

SEC. 404. Section 412 of the Act (42 U.S.C. 3032) is amended— (1) by inserting "(a)" after "SEC. 412.", (2) in subsection (a), as so redesignated— (A) by inserting "(including emphasis on nutrition, employment, health, income maintenance and supportive services)" before the period at the end thereof, and (B) by adding at the end thereof the following: "Such centers shall conduct research and policy analysis and function as a technical resource for the Commissioner, policymakers, service providers, and the Congress. Multidisciplinary centers of gerontology shall— "(1) recruit and train personnel; "(2) conduct basic and applied research directed toward the development of information related to aging; "(3) stimulate the incorporation of information on aging into the teaching of biological, behavioral, and social sciences at colleges and universities; "(4) help to develop training programs in the field of aging at schools of public health, education, and other appropriate schools within colleges and universities; "(5) serve as a repository of information and knowledge on aging; and "(6) provide consultation and information to public and voluntary organizations, including State and area agencies, which serve the needs of older individuals in planning and developing services provided under other provisions of this Act.", and (3) by adding at the end thereof the following new subsection: "(b) Centers supported under this section shall provide data to the Commissioner on the projects and activities for which funds are

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98 STAT. 1783

provided under this title. Such data shall include the number of personnel trained, the number of older individuals served, the number of schools assisted, and other information that will facilitate achieving the purposes of this Act.". PURPOSE OF PART B

SEC. 405. Title IV of the Act (42 U.S.C. 3031-3037a) is amended by inserting after the heading for part B the following new section: "PURPOSE

"SEC. 420. The purpose of this part is to improve the quality and efficiency of programs serving older individuals through research and development projects, and demonstration projects, designed to— "(1) develop and synthesize knowledge about aging from multidisciplinary perspectives; "(2) establish an information base of data and practical experience; "(3) examine effective models of planning and practice that will improve or enhance services provided under other provisions of this Act; "(4) evaluate the efficacy, quality, efficiency, and accessibility of programs and services for older individuals; and "(5) develop, implement, and evaluate innovative planning and practice strategies to address the needs, concerns, and capabilities of older individuals.".

42 USC 3034.

RESEARCH AND DEVELOPMENT PROJECTS

SEC. 406. Section 421 of the Act (42 U.S.C. 3035) is amended— (1) by inserting "(a)" after "SEC. 421.", (2) by adding at the end of subsection (a), as so redesignated, the following: "Appropriate provisions for the dissemination of resulting information shall be a requirement for all grants made under this section.", and (3) by adding at the end thereof the following new subsections: "(b) Each research and development activity proposal for which funds are requested under subsection (a) shall include a concise policy or practical application statement. "(c)(1) The Commissioner shall select, to the extent practicable, for assistance under subsection (a) research activities which will, not later than three years after the date of the enactment of the Older Americans Act Amendments of 1984, collectively— "(A) contribute to the establishment and maintenance of a demographic data base which contains information on the population of older individuals generally and older individuals categorized by age, sex, race, geographical location, and such other factors as the Commissioner deems useful for the purpose of forniulating public policy; "(B) identify the future needs of older individuals; "(C) identify the kinds and comprehensiveness of programs required to satisfy such needs; and "(D) identify the kinds and number of personnel required to carry out such programs. "(2) The Commissioner shall select, to the extent practicable, for assistance under subsection (a) demonstration projects which test

Ante, p. 1767.

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PUBLIC LAW 98-459—OCT. 9, 1984

research results and implement innovative ways of satisfying the needs of, and delivering services to, older individuals.". DEMONSTRATION PROJECTS

Health. Handicapped persons.

Grants. Contracts with U.S.

SEC. 407. (a) Section 422(a) of the Act (42 U.S.C. 3035a(a)) is amended by striking out "elderly Such" and inserting in lieu thereof "elderly. Such". (b) Section 422(b) of the Act (42 U.S.C. 3035a(b)) is amended— (1) by redesignating clauses (1), (2), (3), (4), (5), (6), and (7) as clauses (2), (3), (4), (5), (6), (7), and (8), respectively; (2) by inserting before clause (2) (as redesignated by this subsection) the following new clause: (1) meet the supportive services needs of elderly victims of Alzheimers' disease and other neurological and organic brain disorders of the Alzheimers' type and their families, including— "(A) home health care for such victims; "(B) adult day health care for such victims; and "(C) homemaker aides, transportation, and in-home respite care for the families, particularly spouses, of such victims;"; and (3) in clause (2)(D)(i) (sis redesignated by this subsection) by striking out "clause (C)" and inserting in lieu thereof "subclause (C)". (c) Section 422 of the Act (42 U.S.C. 3035a) is amended by adding at the end thereof the following new subsection: "(d)(1) Whenever appropriate, grants made and contracts entered into under this section shall be developed in consultation with an appropriate gerontology center. "(2) Grants made and contracts entered into under this section shall include provisions for the appropriate dissemination of project results.". LONG-TERM CARE SPECIAL PROJECTS

Grants. Contracts with U.S.

SEC. 408. Section 423(b)(3) of the Act (42 U.S.C. 3035b(b)(3)) is amended by inserting "(A)" after the paragraph designation and by adding at the end thereof the following subparagraph: "(B) Grants made and contracts entered into under this section shall include provisions for the appropriate dissemination of information regarding the development of such services.". DEMONSTRATION PROJECTS ON LEGAL ASSISTANCE

SEC. 409. Section 424 of the Act (42 U.S.C. 3035c) is amended to read as follows: SPECIAL DEMONSTRATION AND SUPPORT PROJECTS FOR LEGAL ASSISTANCE FOR OLDER INDIVIDUALS Grants. Contracts with U.S.

"SEC. 424. (a) The Commissioner shall make grants and enter into contracts, in order to— "(1) provide a national legal assistance support system (operated by one or more grantees or contractors) of activities to State and area agencies on aging for providing, developing, or supporting legal assistance for older individuals, including— "(A) case consultations; "(B) training;

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"(C) provision of substantive legal advice and assistance; and "(D) assistance in the design, implementation, and administration of legal assistance delivery systems to local providers of legal assistance for older individuals; and "(2) support demonstration projects to expand or improve the delivery of legal assistance to older individuals with social or economic needs. "(b) Any grants or contracts made under subsection (a)(2) shall contain assurances that the requirements of section 307(a)(15) are met. "(c) To carry out subsection (a)(D, the Commissioner shall make grants to or enter into contracts with national nonprofit legal assistance organizations experienced in providing support, on a nationwide basis, to local legal assistance providers.".

Ante, p. 1775.

TECHNICAL AMENDMENTS

SEC. 410. (a) Section 425 of the Act (42 U.S.C. 3035d) is amended by inserting "(a)" after "SEC. 425." (b) Section 426 of the Act (42 U.S.C. 3035e) is amended by inserting "is" after "business concern". AUTHORIZATION OF APPROPRIATIONS

SEC. 411. (a) Section 431(a) of the Act (42 U.S.C. 3037(a)) is amended— (1) by striking out "$23,200,000" and all that follows through "1983, and", and (2) inserting ", $28,200,000 for fiscal year 1985. $29,800,000 for fiscal year 1986, and $31,400,000 for fiscal year 1987" before the period at the end thereof. (b) Section 431(b) of the Act (42 U.S.C. 3037(b)) is amended— (1) in clause (1) by striking out "or" at the end thereof, (2) in clause (2) by striking out the period and inserting in lieu thereof "; or", and (3) by adding at the end thereof the following new clause: "(3) may be combined with funds appropriated under any other Act if the purpose of combining funds is to make a single discretionary grant or a single discretionary payment, unless such funds appropriated under this title are separately identified in such grant or payment and are used for the purposes of this title.".

Grants.

TECHNICAL AMENDMENT

SEC. 412. Section 432(a) of the Act (42 U.S.C. 3037a(a)) is amended by striking out "he" and inserting in lieu thereof "the Commissioner". RESPONSIBILITIES OF COMMISSIONER

SEC. 413. The Act (42 U.S.C. 3001 et seq.) is amended by inserting after section 432 the following new section: RESPONSIBILITIES OF COMMISSIONER

"SEC. 433. (a) The Commissioner shall be responsible for the administration, implementation, and making of grants and con-

Grants. Contracts with U.S. Prohibition. 42 USC 3037b.

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Report. Public availability. Ante, p. 1770.

PUBLIC LAW 98-459—OCT. 9, 1984

tracts under this title and shall not delegate authority under this title to any other individual, agency, or organization. "(b) The Commissioner shall prepare and publish annually as part of the report provided for in section 207 a detailed description of all grants, contracts, and activities for which funds are paid under this title. Such report shall include the name of the recipient of each such grant or contract, the amount of funds provided for such grant or contract, and a justification of how the funded activity or project will achieve the purpose of this title.". TITLE V—COMMUNITY SERVICE EMPLOYMENT OLDER AMERICAN COMMUNITY SERVICE EMPLOYMENT PROGRAM

Public availability. 5 USC 1501 et ««9-

SEC. 501. (a) Section 502(b)(1) of the Act (42 U.S.C. 3056(b)(1)) is amended— (1) in the third sentence by striking out "he" and inserting in lieu thereof "the Secretary", (2) in subparagraph (J) by striking out "he" and inserting in lieu thereof "the participant", (3) in subparagraph (M) by striking out "and" at the end thereof, (4) in subparagraph (N) by striking out the period at the end thereof and inserting in lieu thereof "; and", and (5) by inserting after subparagraph (N) the following new subparagraph: "(O) will post in such project workplace a notice, and will make available to each person associated with such project a written explanation, clarifying the law with respect to allowable and unallowable political activities under chapter 15 of title 5, United States Code, applicable to the project and to each category of individuals associated with such project and containing the address and telephone number of the Inspector General of the Department of Labor, to whom questions regarding the application of such chapter may be addressed.". (b) Section 502(c) of the Act (42 U.S.C. 3056(c)) is amended by adding at the end thereof the following new paragraph: "(3) Of the amount for any project to be paid by the Secretary under this subsection, not more than— "(A) 13.5 percent for fiscal year 1986, and "(B) 12 percent for fiscal year 1987, and thereafter, shall be available for paying the costs of administration for such project, except that whenever the Secretary determines that it is necessary to carry out the project assisted under this title, based upon information submitted by the public or private nonprofit agency or organization with which the Secretary has an agreement under subsection (b), the Secretary may increase the amount available for paying the cost of administration to an amount not more than 15 percent of the cost of such project.". ADMINISTRATION

SEC. 502. Section 503(b) of the Act (42 U.S.C. 3056a(b)) is amended to read as follows: "Ob) If the Secretary determines that to do so would increase job opportunities available to individuals under this title, the Secretary is authorized to coordinate the program assisted under this title

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with programs authorized under the Job Training Partnership Act, the Community Services Block Grant Act, and the Vocational Education Act of 1984. Appropriations under this Act may not be used to carry out any program under the Job Training Partnership Act, the Community Services Block Grant Act, or the Vocational Education Act of 1984.".

29 USC 1501 note. 42 USC 9901 note. Prohibition.

EQUITABLE DISTRIBUTION OF ASSISTANCE

SEC. 503. (a) Section 506(a)(3) of the Act (42 U.S.C. 3056d(a)(3)) is amended by inserting "the" after "shall allot to". (b) Section 506 of the Act (42 U.S.C. 3056d) is amended by adding at the end thereof the following new subsection: "(d) The Secretary shall require the State agency for each State receiving funds under this title to report at the beginning of each fiscal year on such State's compliance with subsection (c). Such report shall include the names and geographic location of all projects assisted under this title and carried out in the State and the amount allotted to each such project.". (c) Section 507(2) of the Act (42 U.S.C. 3056e(2)) is amended by striking out "over" each place it appears and inserting in lieu thereof "older".

Report. State and local governments.

AUTHORIZATION OF APPROPRIATIONS

SEC. 504. Section 508(a) of the Act (42 U.S.C. 3056f(a)) is amended— (1) in paragraph (1) by striking out "$277,100,000" and all that follows through "1984", and inserting in lieu thereof "$319,450,000 for fiscal year 1984, $335,000,000 for fiscal year 1985, $351,400,000 for fiscal year 1986, and $368,300,000 for fiscal year 1987", (2) in paragraph (2) by striking out "54,200" and inserting in lieu thereof "62,500", and (3) in the last sentence by striking out "paragraph (2)" and inserting in lieu thereof "clause (2)", STUDY OF OLDER AMERICAN COMMUNITY SERVICE PROGRAMS

SEC. 505. The Secretary of Labor shall conduct a study to identify additional mechanisms, supplementing the existing program under the Act, to increase community service employment opportunities for eligible individuals. Not later than 1 year after the date of the enactment of this Act, the Secretary of Labor shall submit to the Congress a report describing the results of such study and proposing draft legislation which, if enacted by the (Congress, would increase such employment opportunities. TITLE VI—GRANTS FOR INDIAN TRIBES ELIGIBILITY

SEC. 601. Section 602(a)(l) of the Act (42 U.S.C. 3057a(a)(l)) is amended by striking out "75" and inserting in lieu thereof "60".

42 USC 3056 note. Report. Employment and unemployment.

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PUBLIC LAW 98-459—OCT. 9, 1984 TECHNICAL AMENDMENTS

SEC. 602. (a) Section 604(a)(8) of the Act (42 U.S.C. 3057c(a)(8)) is amended by striking out "paragraph" and inserting in lieu thereof "clause". (b) Section 604(d) of the Act (42 U.S.C. 3057c(d)) is amended— (1) by striking out "he" each place it appears and inserting in lieu thereof "the Commissioner", (2) in paragraph (1) by striking out "his", and (3) in paragraph (2) by striking out "his" and inserting in lieu thereof "such". AUTHORIZATION OF APPROPRIATIONS

SEC. 603. (a) Section 608(a) of the Act (42 U.S.C. 3057g(a)) is amended— (1) by striking out "$6,500,000" and all that follows through "1983, and", and (2) by inserting after "1984" the following: ", $7,900,000 for fiscal year 1985, $8,300,000 for fiscal year 1986, and $8,600,000 for fiscal year 1987".. (b) Section 608 of the Act (42 U.S.C. 3057g) is amended by striking out subsection (c). TITLE VII—PERSONAL HEALTH EDUCATION AND TRAINING PROGRAMS FOR OLDER INDIVIDUALS PERSONAL HEALTH EDUCATION A N D TRAINING PROGRAMS

SEC. 701. The Act (42 U.S.C. 3001 et seq.) is amended by adding at the end a new title as follows: Older Americans Personal Health Education and Training Act.

42 USC 3058 note.

"TITLE VII—OLDER AMERICANS PERSONAL HEALTH EDUCATION AND TRAINING PROGRAM "SHORT TITLE

"SEC. 701. This title may be cited as the 'Older Americans Personal Health Education and Training Act'. "FINDINGS

42 USC 3058.

"SEC. 702. The Congress hereby finds that— "(1) individuals 60 years of age or older constitute the fastest growing segment of the Nation's population; "(2) the process of aging, as well as the changes in lifestyle which accompany it, such as retirement, the end of parenting roles, and relocation, seem to increase and exacerbate health problems faced by older individuals (such health problems include physical, mental, and emotional health problems); "(3) many of the health problems faced by individuals 60 years of age or older, such as arteriosclerosis, arthritis, adultonset diabetes, hypothermia, heat stress, Alzheimer's disease, circulatory problems, hypertension, diminished hearing and eyesight, reduced strength, social isolation, and bone fragility are particularly common to the older American population; "(4) although older individuals make up only 11 percent of our population, they consume 29 percent of the total health care

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