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 92 STAT. 1510 Annual recertification and reapplication.

PUBLIC LAW 95-477—OCT. 18, 1978 (5) After an initial application for assistance under this section has been approved, the Administrator may make grants on an annual basis, on condition that the governor recertify the group and that the applicant submits to the Administrator annually— (A) an evaluation of the progress made during the previous year in meeting the objectives for which the grant was made; (B) a description of any changes in the objectives of the activities; and (C) a description of the proposed activities for the succeeding one year period. (6) A grant made under this program shall not exceed 75 per centum of the estimated cost of the project or program for which the grant is made, and no group shall receive more than $50,000 in any one year. (7) No financial assistance provided under this subsection shall be used to support lobbying or litigation by any recipient group. OTIIKIl AUTHORIZATIONS

42 USC 6952.

SEC. 4. There is authorized to be appropriated to the Secretary of Commerce for the fiscal year 1979, for use by the National Bureau of Standards— (1) $3,000,000 for research in the area of environmental measurement sciences; and (2) $2,000,000 to carry out activities authorized in section 5002 of the Resource Conservation and Recovery Act of 1976 (Public Law 94-580). MISCELLANEOUS REPOKTS

Availability to congressional committees.

42 USC 4369.

42 USC 5910.

SEC. 5. (a) All reports to or by the Administrator relevant to the Agency's program of research, development, and demonstration shall promptly be made available to the Committee on Science and Technology of the House of Representatives and the Committee on Environment and Public Works of the Senate, unless otherwise prohibited by law. (b) The Administrator shall keep the Committee on Science and Technology of the House of Representatives and the Committee on Environment and Public Works of the Senate fully and currently informed with respect to matters falling within or related to the jurisdiction of the committees. (c) The reports provided for in section 11 of Public Law 93-577 shall be made available to the public for comment, and to the heads of affected agencies for comment and, in the case of recommendations for action, for r-esponse. (d) For the purpose of assisting the Department of Energy in planning and assigning priorities in research development and demonstration activities related to environmental control technologies, the Administiator shall actively make available to the Department all information on research activities and results of research programs of the Environmental Protection Agency. STAFF MANAGEMENT

EPA employees, appointments for educational programs. 42 USC 4361c.

SEC. 6. (a)(1) The Administrator is authorized to select and appoint up to 75 full-time permanent staff members in the Office of Research and Development to pursue full-time educational programs for the purpose of (A) securing an advanced degree or (B) securing

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 PUBLIC LAW 95-477—OCT. 18, 1978

92 STAT. 1511

academic training, for the purpose of making a career change in order to better carry out the Agency's research mission. (2) The Administrator shall select and appoint staff members for these assignments according to rules and criteria promulgated by him. The Agency may continue to pay the salary and benefits of the appointees as well as reasonable and appropriate relocation expenses and tuition. (3) The term of each appointment shall be for up to one year, with a single renewal of up to one year in appropriate cases at the discretion of the Administrator. (4) Staff members appointed to this program shall not count against any Agency personnel ceiling during the term of their appointment. (b)(1) The Administrator is authorized to appoint up to 25 Postdoctoral Kesearch Fellows in accordance with the provisions of section 213.3102 (aa) of title 5 of the Code of Federal Kegulations. (2) Persons holding these appointments shall not count against any personnel ceiling of the Agency. (c)(1) The Administrator is authorized and encouraged to utilize research associates from outside the Federal Government in conducting the research, development, and demonstration programs of the Agency. (2) These persons shall be selected and shall serve according to rules and criteria promulgated by the Administrator. (d) For all programs in this section, the Administrator shall place special emphasis on providing opportunities for education and training of women and minority groups. REUSE o r

Salaries and expenses. Term.

WASTEWATERS

SEC. 7. (a)(1) Section 5(a)(2) of the Environmental Research, Development, and Demonstration Authorization Act of 1978 (Public Law 95-155) is amended by inserting "agricultural use or" immediately after "reuse of wastewaters for drinking and'". (2) This subsection shall become effective October 1, 1978. (b)(1) Not later than nine months after the date of enactment of this Act, the Administrator shall promulgate guidelines establishing supplemental standards or treatment technique requirements for microbiological, viral, radiological, organic, and inorganic contaminants, which guidelines shall be conditions, as provided in paragraph (2), of any grant for a demonstration project for water reclamation, recycling, and reuse funded under section 5 of Public Law 95-155 or under section 1444(a)(2) of the Public Health Service Act, where such project involves direct human consumption of treated wastewater. Such guidelines shall provide for sufficient control of each such contaminant, such that in the Administrator's judgment, no adverse effects on the health of persons may reasonably be anticipated to occur, allowing an adequate margin of safety. (2) A grant referred to in paragraph (1) for a project which involves direct human consumption of treated wastewater may be awarded on or after the date of promulgation of guidelines under this subsection only if the applicant demonstrates to the satisfaction of the Administrator that the project— (A) will comply with all national primary drinking water regulations under section 1412 of the Public Health Service Act; (B) will comply with all guidelines under this subsection; and (C) will in other respects provide safe drinking water.

42 USC 300j-3a. 42 USC 300j-3a note. contaminant standards or treatment techniques, guidelines. 42 USC 300j-3b.

Grant awards, criteria.

42 USC 300g-l.

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 92 STAT. 1512

PUBLIC LAW 95-477—OCT. 18, 1978

Any such grant awarded before the date of promulgation of such guidelines shall be conditioned on the applicant's agreement to comply to the maximum feasible extent with such guidelines as expeditiously as practicable following the date of promulgation thereof. (3) Guidelines under this subsection may, in the discretion of the A d m inistr ator— (A) be nationally and uniformly applicable to all projects 42 USC 300i-3a. funded under section 5 of Public Law 95-155 or section 1442(a) (2) of the Public Health Service Act; (B) vary for diiferent classes or categories of such projects (as determined by the Administrator); (C) be established and applicable on a project-by-project basis; or (D) any combination of the above. (4) Nothing in this subsection shall be construed to prohibit or delay the award of any grant referred to in paragraph (1) prior to the date of promulgation of such guidelines. (c) There is authorized to be appropriated to the Administrator for the fiscal year 1979, for purposes of section 5 of the Environmental Research, Development, and Demonstration Authorization Act of 1978, $15,000,000. Approved October 18, 1978.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 95-985 (Comm. on Science and Technology) and No. 95-1593 (Comm. of Conference). SENATE REPORT No. 95-877 (Comm. on Environment and Public Works). CONGRESSIONAL RECORD, Vol. 124 (1978): Apr. 27, considered and passed House. May 26, considered and passed Senate, amended. Sept. 26, Senate agreed to conference report. Oct. 4, House agreed to conference report.

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Page:Folk-lore - A Quarterly Review. Volume 10, 1899.djvu/97

 PRESIDENTIAL ADDRESS.

BRITAIN AND FOLKLORE.

on former occasions I had the honour of addressing you, my thoughts turned to what has always for me formed the chief interest of the study of folklore, the investigation of the problems which it presents, and of the lines of inquiry which it opens up, in so far as they concern the mass of traditional fancy and custom preserved by the inhabitants of these islands. The folklorist truly deserving the name cannot confine himself exclusively to a limited section of the study; he must bring with him principles based upon world-wide inquiries; he must ever be prepared to test the evidence yielded, say by Berkshire or Devon, in the light of material gathered it may be in Greenland or Polynesia, vouched for by the oldest known records of humanity, or by the latest Antipodean newspaper. But without a guiding clue our study may too easily become a mere bazaar instead of an orderly and well-arranged museum exhibiting the true correlation of phenomena. Such a clue I have essayed to find in the relation of Britain to folklore, whether it be the witness that folklore bears to the evolution of our race and its culture, or the consideration of the many still doubtful problems of folklore in the light of specific British evidence. It seems appropriate that in my last Presidential Address to the English Folk-Lore Society I should essay to indicate some of the considerations which have determined my own line of research, and which in my opinion constitute the


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Page:United States Statutes at Large Volume 92 Part 2.djvu/233

 PUBLIC LAW 95-478—OCT. 18, 1978

92 STAT. 1513

Public Law 95-478 95th Congress An Act To amend the Older Americans Act of 1965 to provide for improved programs for older persons, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) this Act may be cited as the "Comprehensive Older Americans Act Amendments of 1978". (b) Except as otherwise specifically provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Older Americans Act of 1965.

Oct. 18. 1978 [H.R. 122551 Comprehensive Older Americans Act Amendments of 1978. 42 U.S.C. 3001 note. 42 USC 3001 note.

TITLE I—AMENDMENTS TO THE OLDEK AMERICANS ACT OF 1965 OBJECTIVES

SEC. 101. Section 101(8) is amended by inserting after "provide" the 42 USC 3001. following: "a choice in supported living arrangements and". ADMINISTRATrON

SEC. 102. (a)(1) Section 202(a) is amended by redesignating clauses 42 USC 3012. (1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (13), (14), (15), and (16) as clauses (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (13), (14), (15), (16), and (17), respectively, and by inserting after the dash the following new clause: "(1) serve as the effective and visible advocate for the elderly within the Department of Health, Education, and Welfare and with other departments, agencies, and instrumentalities of the Federal Government by maintaining active review and commenting responsibilities over all Federal policies affecting the elderly;". (2) Section 202 is amended by redesignating subsection (b), and 42 USC 3012. all references thereto, as subsection (c), and by inserting after subsection (a) the following new subsection: "(b) In order to strengthen the involvement of the Administration in the development of policy alternatives in long-term care and to insure that the development of community alternatives is given priority attention, the Commissioner shall— "(1) develop planning linkages with health systems agencies designated under section 1515 of the Public Health Service Act (42 U.S.C. 3001-4); "(2) participate in all departmental and interdepartmental activities which concern issues of institutional and noninstitutional long-term health care services development; and "(3) review and comment on all departmental regulations and policies regarding community health and social service development for the elderly.", (b) Section 203 is amended to read as follows: 42 USC 3013.

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 92 STAT. 1514

PUBLIC LAW 95-478—OCT. 18, 1978 "FEDERAL AGENCY

CONSULTATION

"SEC. 203. (a) The Commissioner, in carrying out the purposes and provisions of this Act, shall advise, consult, and cooperate with the head of each Federal agency or department proposing or administering programs or services substantially related to the purposes of this Act, with respect to such programs or services. The head of each Federal agency or department proposing to establish programs and services substantially related to the purposes of this Act shall consult with the Commissioner prior to the establishment of such programs and services. The head of each Federal agency administering any program substantially related to the purpose of this Act, particularly administering any program set forth in subsection (b), shall, to achieve appropriate coordination, consult and cooperate with the Commissioner in carrying out such program. "(b) For the purposes of subsection (a), programs related to the purpose of this Act shall include— "(1) the Comprehensive Employment and Training Act of 29 USC 801 note. 1973, "(2) title II of the Domestic Volunteer Service Act of 1973, 42 USC 5001. "(3) titles X VIII, X IX, and X X of the Social Security Act, 42 USC 1395, 1396, 1397. "(4) sections 231 and 232 of the National Housing Act, 12 USC 1715v, " (5) the United States Housing Act of 1937, 1715w. « ( 6) section 202 of - - Housing Act of 1959, f • - - the • • 42 USC 1437 "(7) title I of the Housing and Community Development Act note. of 1974, 12 USC 1701<j^ "(8) section 222(a)(8) of the Economic Opportunity Act of 42 USC 5301. 1964, 42 USC 2809. " (9) the community schools program under the Elementary and Secondary Education Act of 1965, and 20 USC 821 note. "(10) sections 3, 5, 9, and 16 of the Urban Mass Transportation Act of 1964.". 49 USC 1602, 1604, 1607a, (c) Section 204(a)(1) is amended by inserting before the semicolon 1612. a comma and the following: "including information related to trans42 USC 3014. portation services for older individuals offered by Federal, State, and local public agencies". (d) Section 204(c) is amended to read as follows: " (c) There are authorized to be appropriated to carry out the provisions of this section, for fiscal years 1979, 1980, and 1981, such sums as may be necessary.". (e)(1) Section 205(a) is amended by inserting "rural and urban" 42 USC 3015. after "oi" in the second sentence, and by adding at the end thereof the following new sentence: "No full-time officer or employee of the Federal Government may be appointed as a member of the Council.". (2) Section 205(c) is amended by striking out the last sentence thereof. ^3) Section 205(e) is amended to read as follows: "(e) The Council shall have staff personnel, appointed by the Chairman, to assist it in carrying out its activities. The head of each Federal department and agency shall make available to the Council such information and other assistance as it may require to carry out its activities.". (4)(A) Section 205(g) is amended to read as follows: "(g)(1) The Council shall undertake a thorough evaluation and study of programs conducted under this Act. " (2) The study required in this subsection shall include— " (A) an examination of the fundamental purposes of such pro-

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 PUBLIC LAW 95-478—OCT. 18, 1978

92 STAT. 1515

grams, and the effectiveness of such programs in attaining such purposes; "(B) an analysis of the means to identify accurately the elderly population in greatest need of such programs; and "(C) an analysis of numbers and incidence of low-income and minority participants in such programs. " (3) The study required under this subsection may include— "(A) an exploration of alternative methods for allocating funds under such programs to States, State agencies on aging, and area agencies on aging in an equitable and efficient manner, which will accurately reflect current conditions and insure that such funds reach the areas of greatest current need and are effectively used for such areas; "(B) an analysis of the need for area agencies on aging to provide direct services within the planning and service area; and "(C) an analysis of the number of nonelderly handicapped in need of home delivered meal services.". (B) Section 205 is amended by striking out subsections (h) and (i) and inserting in lieu thereof the following new subsection: "(h) There are authorized to be appropriated to carry out the provisions of this section, for fiscal years 1979, 1980, and 1981, such sums as may be necessary.". (f) Section 206 is amended by redesignating subsection (b) and subsection (c), and all references thereto, as subsection (c) and subsection (d), respectively, and by inserting after subsection (a) the following new subsection: "(b) The Commissioner shall prepare and submit to the Congress not later than September 30, 1980 a report on the effectiveness of programs conducted under part B of title III relating to legal services and an analysis of the need for a separate program of legal services under this Act and of factors which may prohibit the funding of legal services under this Act without such a separate program, together with such recommendations, including recommendations for additional legislation, as the Commissioner deems appropriate.". (g)(1) Section 207(c) is amended by inserting before the period a comma and the following: "and conduct, where appropriate, evaluations which compare the effectiveness of related programs in achieving common objectives". (2) Section 207(d) is amended— (A) by inserting after "summaries" the following: "and analyses"; ^B) by striking out "be available" and inserting in lieu thereof "be transmitted"; and (C) by inserting before "the public" the following: "be accessible to", (h)(1) Section 211 is amended by inserting " (a) " after the section designation and by adding at the end thereof the following new subsection: "(b) No part of the costs of any project under any title of this Act may be treated as income or benefits to any eligible individual (other than any wage or salary to such individual) for the purpose of any other program or provision of Federal or State law.". (2) Section 211(a), as so redesignated in paragraph (1), is amended by inserting after "88 Stat. 1604)" the following: ", and of title V of the Act of October 15, 1977 (Public Law 95-134; 91 Stat. 1164),". (i) Title II is amended by adding at the end thereof the following new sections:

42 USC 3015.

42 USC 3016.

Post, p. 1535.

42 USC 3017.

42 USC 3020a.

48 USC 1469a.

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 92 STAT. 1516

PUBLIC LAW 95-478—OCT. 18, 1978 "REDUCTION OF PAPERWORK

42 USC 3020b.

" SEC. 212. I n order to reduce unnecessary, duplicative, or disruptive demands for information, the Commissioner, in consultation with State agencies designated under section 305(a)(1), and other approp r i a t e agencies and organizations, shall continually review and evaluate all requests by the Administration on A g i n g for information under this Act and take such action as may be necessary to reduce the paperwork required under this Act. The Commissioner shall request only such information as the Commissioner deems essential to carry out the purposes and provisions of this Act. "CONTRACTING AND GRANT AUTHORITY

42 USC 3020c.

" SEC. 213. None of the provisions of this Act shall be construed to prevent a recipient of a g r a n t or a contract from entering into an agreement, subject to the approval of the State agency, with a profitmaking organization, where such organization demonstrates clear superiority with respect to the quality of services covered by such contract to carry out the provisions of this Act and of the appropriate State plan. SURPLUS PROPERTY ELIGIBILITY

42 USC 3020cl. 42 USC 601, 1397. 42 USC 2701 note.

" SEC. 214. Any State or local government agency, and any nonprofit organization or institution, which receives funds appropriated for programs for older individuals under this Act, under title IV or title X X of the Social Security Act, or under the Economic Opportunity Act of 1964, shall be deemed eligible to receive for such programs, property which is declared surplus to the needs of the Federal Government in accordance w i t h laws applicable to surplus property.". GRANTS FOR STATE AND COMMUNITY PROGRAMS ON AGING

42 USC 3021 note. 42 USC 3001 note.

Post, p. 1517. 42 USC 3041, 3045.

SEC. 103. (a)(1) The Congress finds that— (A) approximately 3 percent of the eligible population is presently served under community services programs authorized under the Older Americans Act of 1965, 17 percent of whom are minority group members; (B) approximately 1 percent of the eligible population is presently served by the nutrition program authorized under the Older Americans Act of 1965, 21 percent of whom are minority group members; (C) there is program fragmentation at the national. State, and local levels which inhibits effective use of existing resources; and (D) coordination and consolidation of services provided under the Older Americans Act of 1965 allowing greater local determination to assess the need for services will facilitate achieving the goals of the Older Americans Act of 1965. (2) I t is the purpose of the amendments made by subsection (b) to combine within a consolidated title, subject to the modifications imposed by the provisions and requirements of the amendments made by subsection (b), the programs authorized by title III, title V, and title VII of the Older Americans Act of 1965 in the fiscal year 1978, and funds appropriated to carry out such consolidated title shall be used solely for the purposes and for the assistance of the same types of program s authorized under the provisions of such titles. (b) Title III is amended to read as follows:

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Page:United States Statutes at Large Volume 92 Part 2.djvu/237

 PUBLIC LAW 95-478—OCT. 18, 1978

92 STAT. 1517

"TITLE III—GRANTS FOR STATE AND COMMUNITY PROGRAMS ON AGING " P A R T A — GENERAL PROVISIONS " P U R P O S E; ADMINISTRATION

" SEC. 301. (a) I t is the purpose of this title to encourage and assist 42 USC 3021. State and local agencies to concentrate resources in order to develop greater capacity and foster the development of comprehensive and coordinated service systems to serve older individuals by entering into new cooperative arrangements in each State with State and local agencies, and with the providers of social services, including nutrition services and multipurpose senior centers, for the planning for the provision of, and for the provision of, social services, nutrition services, and multipurpose senior centers, in order to— " (1) secure and maintain maximum independence and dignity in a home environment for older individuals capable of self care with appropriate supportive services; " (2) remove individual and social barriers to economic and personal independence for older individuals; and " (3) provide a continuum of care for the vulnerable elderly. " (b)(1) I n order to effectively carry out the jjurpose of this title, the Commissioner shall administer programs under this title through the Administration on Aging. " (2) I n carrying out the provisions of this title, the Commissioner may request the technical assistance and cooperation of the Department of Labor, the Community Services Administration, the Department of Housing and Urban Development, the Department of Transportation, and such other agencies and departments of the Federal Government as may be appropriate. "DEFINITIONS

" SEC. 302. For the purpose of this title— 42 USC 3022. " (1) The term 'comprehensive and coordinated system' means a system for providing all necessary social services, including nutrition services, in a manner designed to— " (A) facilitate accessibility to, and utilization of, all social services and nutrition services provided within the geographic area served by such system by any public or private agency or organization; " (B) develop and make the most efficient use of social services and nutrition services in meeting the needs of older individuals; and " (C) use available resources efficiently and with a minimum of duplication. " (2) The term 'information and referral source' means a location where the State or any public or private agency or organization— " (A) maintains current information with respect to the opportunities and services available to older individuals, and develops current lists of older individuals in need of services and opportunities; and " (B) employs a specially trained staff to inform older individuals of the opportunities and services which are avail-

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 92 STAT. 1518

42 USC 1395x. 42 USC 1396d. 42 USC 1396g.

PUBLIC LAW 95-478—OCT. 18, 1978 able, and to assist such individuals to take advantage of such opportunities and services. "(3) The term 'long-term care facility' means any skilled nursing facility, as defined in section 1861(j) of the Social Security Act, any intermediate care facility, as defined in section 1905(c) of the Social Security Act, any nursing home, as defined in section 1908(e) of the Social Security Act, and any other similar adult care home. "(4) The term 'legal services' means legal advice and representation by an attorney (including, to the extent feasible, counseling or other appropriate assistance by a paralegal or law student under the supervision of an attorney), and includes counseling or representation by a nonlawyer where permitted by law, to older individuals with economic or social needs. "(5) The term 'planning and service area' means an area specified by a State agency under section 305(a)(1)(E). "(6) The term 'State' means each of the several States, the District of Columbia, the Commonwealth of Puerto Eico, Guam, American Samoa, the Virgin Islands, the Trust Territory of the Pacific Islands and the Northern Mariana Islands. " (7) The term 'State agency' means the State agency designated by a State under section 305(a)(1). "(8) The term 'unit of general purpose local government' means— "(A) a political subdivision of the State whose authority is general and not limited to only one function or combination of related functions; or "(B) an Indian tribal organization. " AUTHORIZATION OF APPROPRIATIONS; USES OF FUNDS

42 USC 3023. Post, p. 1535.

Post, p. 1536.

"SEC. 303. (a) There are authorized to be appropriated $300,000,000 for fiscal year 1979, $360,000,000 for fiscal year 1980, and $480,000,000 for fiscal year 1981 for the purpose of making grants under part B of this title (relating to social services). "(b)(1) There are authorized to be appropriated $350,000,000 for fiscal year 1979, $375,000,000 for fiscal year 1980, and $400,000,000 for fiscal year 1981 for the purpose of making grants under subpart 1 of part C of this title (relating to congregate nutrition services). "(2) There are authorized to be appropriated $80,000,000 for fiscal year 1979, $100,000,000 for fiscal year 1980, and $120,000,000 for fiscal year 1981 for the purpose of making grants under subpart 2 of part C of this title (relating to home delivered nutrition services). "(c) Grants made under parts B and C of this title may be used for paying part of the cost of— " (1) the administration of area plans by area agencies on aging designated under section 305(a)(2)(A), including the preparation of area plans on aging consistent with section 306 and the evaluation of activities carried out under such plans; and "(2) the development of comprehensive and coordinated systems for social services, congregate and home delivered nutrition services, the development and operation of multipurpose senior centers, and the delivery of legal services.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/239

 PUBLIC LAW 95-478—OCT. 18, 1978

92 STAT. 1519

"ALLOTMENT; FEDERAL SHARE

"SEC. 304. (a)(1) From the sums appropriated under parts B and 42 USC 3024. C for fiscal years 1979, 1980, and 1981, each State shall be allotted Post, pp. 1535, an amount which bears the same ratio to such sums as the popula- 1536. tion aged 60 or older in such State bears to the population aged 60 or older in all States, except that (A) no State shall be allotted less than one-half of 1 percent of the sum appropriated for the fiscal year for which the determination is made; (B) Guam, the Virgin Islands, and the Trust Territory of the Pacific Islands, shall each be allotted not less than one-fourth of 1 percent of the sum appropriated for the fiscal year for which the determination is made; (C) American Samoa and the Northern Mariana Islands shall each be allotted not less than one-sixteenth of 1 percent of the sum appropriated for the fiscal year for which the determination is made; and (D) no State shall be allotted an amount less than the State received for fiscal year 1978. For the purpose of the exception contained in clause (A) only, the term 'State' does not include Guam, American Samoa, the Virgin Islands, the Trust Territory of the Pacific Islands, and the Northern Mariana Islands. "(2) The number of individuals aged 60 or older in any State and in all States shall be determined by the Commissioner on the basis of the most recent satisfactory data available to him. "(b) Whenever the Commissioner determines that any amount allotted to a State under part B or C for a fiscal year under this section will not be used by such State for carrying out the purpose for which the allotment was made, he shall make such allotment available for carrying out such purpose to one or more other States to the extent he determines that such other States will be able to use such additional amount for carrying out such purpose. Any amount made available to a State from an appropriation for a fiscal year in accordance with the preceding sentence shall, for purposes of this title, be regarded as part of such State's allotment (as determined under subsection (a)) for such year, but shall remain available until the end of the succeeding fiscal year. "(c) If the Commissioner finds that any State has failed to qualify under the State plan requirements of section 307, the Commissioner shall withhold the allotment of funds to such State referred to in subsection (a). The Commissioner shall disburse the funds so withheld directly to any public or private nonprofit institution or organization, agency, or political subdivision of such State submitting an approved plan under section 307, which includes an agreement that any such payment shall be matched in the proportion determined under subsection (d)(1)(B) for such State, by funds for in-kind resources from nonFederal sources. "(d)(1) From any State's allotment under this section for any fiscal year— "(A) such amount as the State agency determines, but not more than 8.5 percent thereof, shall be available for paying such percentage as the agency determines, but not more than 75 percent, of the cost of administration of area plans; and "(B) the remainder of such allotment shall be available to such State only for paying such percentage as the State agency deter-

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 92 STAT. 1520

PUBLIC LAW 95-478—OCT. 18, 1978

mines, but not more than 90 percent in fiscal years 1979 and 1980, and 85 percent in fiscal year 1981, of the cost of social services and Post, pp. 1535, nutrition services authorized under parts B and C provided in 1536. the State as part of a comprehensive and coordinated system in planning and service areas for which there is an area plan approved by the State agency. "(2) The non-Federal share shall be in cash or in kind. In determining the amount of the non-Federal share, the Commissioner may attribute fair market value to services and facilities contributed from non-Federal sources. uORGANIZATION

42 USC 3025.

State plan, development and approva.

"SEC. 305. (a) In order for a State to be eligible to participate in programs of grants to States from allotments under this title— "(1) the State shall, in accordance with regulations of the Commissioner, designate a State agency as the sole State agency to—• " ( ^) develop a State plan to be submitted to the Commissioner for approval under section 307; "(B) administer the State plan within such State; "(C) be primarily responsible for the coordination of all State activities related to the purposes of this Act; "(D) serve as an effective and visible advocate for the elderly by reviewing and commenting upon all State plans, budgets, and policies which affect the elderlj^ and providing technical assistance to any agency, organization, association, or individual representing the needs of the elderly; and " (E) divide the State into distinct areas, in accordance with guidelines issued by the Commissioner, after considering the geographical distribution of individuals aged 60 and older in the State, the incidence of the need for social services, nutrition services, multipurpose senior centers, and legal services, the distribution of older individuals who have low incomes residing in such areas, the distribution of resources available to provide such services or centers, the boundaries of existing areas within the State which were drawn for the planning or administration of social services programs, the location of units of general purpose local government within the State, and any other relevant factors; and "(2) the State agency designated under clause (1) shall— "(A) determine for which planning and service area an area plan will be developed, in accordance with section 306, and for each such area designate, after consideration of the views offered by the unit or units of general purpose local government in such area, a public or private nonprofit agency or organization as the area agency on aging for such area; " (B) provide assurances, satisfactory to the Commissioner, that the State agency will take into account, in connection with matters of general policy arising in the development and administration of the State plan for any fiscal year, the views of recipients of social services or nutrition services, or individuals using multipurpose senior centers provided under such plan; "(C) develop a formula, in accordance with guidelines issued by the Commissioner, for the distribution within the State of funds received under this title, taking into account,

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 PUBLIC LAW 95-478—OCT. 18, 1978

92 STAT. 1521

to the maximum extent feasible, the best available statistics on the geographical distribution of individuals aged 60 and older in the State, and publish such formula for review and comment; "(D) submit its formula developed under subclause (C) to the Commissioner for review and comment; and " (E) provide assurances that preference will be given to providing services to older individuals with the greatest economic or social needs and include proposed methods of carrying out the preference in the State plan. "(b)(1) In carrying out the requirement of clause (1) of subsection Planning and (a), the State may designate as a planning and service area any unit service area, of general purpose local government which has a population of 100,000 designation. or more. In any case in which a unit of general purpose local government makes application to the State agency under the preceding sentence to be designated as a planning and service area, the State agency shall, upon request, provide an opportunity for a hearing to such unit of general purpose local government. A State may designate as a planning and service area under clause (1) of subsection (a), any region within the State recognized for purposes of area wide planning which includes one or more such units of general purpose local government when the State determines that the designation of such a regional planning and service area is necessary for, and will enhance, the effective administration of the programs authorized by this title. The State may include in any planning and service area designated under clause (1) of subsection (a) such additional areas adjacent to the unit of general purpose local government or regions so designated as the State determines to be necessary for, and will enhance the effective administration of the programs authorized by this title. "(2) The State is encouraged in carrying out the requirement of clause (1) of subsection (a) to include the area covered by the appropriate economic development district involved in any planning and service area designated under such clause, and to include all portions of an Indian reservation within a single planning and service area, if feasible. " (3) The chief executive officer of each State in which a planning and service area crosses State boundaries, or in which an interstate Indian reservation is located, may apply to the Commissioner to request redesignation as an interstate planning and service area comprising the entire metropolitan area or Indian reservation. If the Commissioner approves such an application, he shall adjust the State allotments of the areas within the planning and service area in which the interstate planning and service area is established to reflect the number of older individuals within the area who will be served by an interstate planning and service area not within the State. " (4) Whenever a unit of general purpose local government, a region. Appeal, a metropolitan area or an Indian reservation is denied designation under the provisions of clause (1) of subsection (a), such unit of general purpose local government, region, metropolitan area, or Indian reservation may appeal the decision of the State agency to the Commissioner. The Commissioner shall afford such unit, region, metropolitan area, or Indian reservation an opportunity for a hearing. In carrying out the provisions of this paragraph, the Commissioner may approve the decision of the State agency, disapprove the decision of the State agency and require the State agency to designate the unit, region, area, or Indian reservation appealing the decision as a plan-

39-194 O—80—pt. 2

16: QL3

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Page:United States Statutes at Large Volume 92 Part 2.djvu/242

 92 STAT. 1522

Area agency on aging.

PUBLIC LAW 95-478—OCT. 18, 1978 ning and service area, or take such other action as the Commissioner deems appropriate. " (c) A n area agency on aging designated under subsection (a) shall be— " (1) an established office of aging which is operating within a planning and service area designated under subsection (a); " (2) any office or agency of a unit of general purpose local government, which is designated for the purpose of serving as an area agency by the chief elected official of such u n i t; " (3) any office or agency d e s i ^ a t e d by the appropriate chief elected officials of any combination of units of general purpose local government to act on behalf of such combination for such purpose; or " (4) any public or nonprofit private agency in a planning and service area which is under the supervision or direction for this purpose of the designated State agency and which can engage in the planning or provision of a broad range of social services, or nutrition services within such p l a n n i n g and service a r e a; and shall provide assurance, determined adequate by the State agency, that the area agency will have the ability to develop an area plan and to carry out, directly or through contractual or other arrangements, a program in accordance with the plan within the p l a n n i n g and service area. I n designating an area agency on aging within the planning and service area or within any unit of general purpose local government designated as a planning and service area the State shall give preference to an established office on aging, unless the State agency finds that no such office within the p l a n n i n g and service area will have the capacity to carry out the area plan. "AREA PLANS

42 USC 3026.

Post, p. 1535.

" SEC. 306. (a) Each area agency on aging designated under section 305 (a)(2)(A) shall, in order to be approved by the State agency, prepare and develop an area plan for a planning and service area for a 3-year period with such annual adjustments as may be necessary. E a c h such plan shall be based upon a uniform format for area plans within the State prepared in accordance with section 307(a)(1). E a c h such plan shall— " (1) provide, through a comprehensive and coordinated system, for social services, nutrition services, and, where appropriate, for the establishment, maintenance, or construction of multipurpose senior centers, within the p l a n n i n g and service area covered by the plan, including determining the extent of need for social services, nutrition services, and multipurpose senior centers in such area (taking into consideration, among other things, the number of older individuals with low incomes residing in such a r e a), evaluating the effectiveness of the use of resources in meeting such need, and entering into agreements with providers of social services, nutrition services, or multipurpose senior centers in such area, for the provision of such services or centers to meet such need; " (2) provide assurances that at least 50 percent of the amount allotted for part B to the planning and service area will be expended for the delivery of— " (A) services associated with access to services (transportation, outreach, and information and r e f e r r a l);

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Page:United States Statutes at Large Volume 92 Part 2.djvu/243

 PUBLIC LAW 95-478—OCT. 18, 1978

92 STAT. 1523

"(B) in-home services (homemaker and home health aide, visiting and telephone reassurance, and chore maintenance); and " (C) legal services; and that some funds will be expended for each such category of services; "(3) designate, where feasible, a focal point for comprehensive service delivery in each community to encourage the maximum collocation and coordination of services for older individuals, and give special consideration to designating multipurpose senior centers as such focal point; "(4) provide for the establishment and maintenance of information and referral services in sufficient numbers to assure that all older individuals within the planning and service area covered by the plan will have reasonably convenient access to such services; "(5)(A) provide assurances that preference will be given to providing services to older individuals with the greatest economic or social needs and include proposed methods of carrying out the preference in the area plan; and "(B) assure the use of outreach efforts that will identify individuals eligible for assistance under this Act, with special emphasis on rural elderly, and inform such individuals of the availability of such assistance; "(6) provide that the area agency on aging will— "(A) conduct periodic evaluations of activities carried out under the area plan; "(B) furnish appropriate technical assistance to providers of social services, nutrition services, or multipurpose senior centers in the planning and service area covered by the area plan; "(C) take into account in connection with matters of general policy arising in the development and administration of the area plan, the views of recipients of services under such plan; "(D) serve as the advocate and focal point for the elderlj! within the community by monitoring, evaluating, and commenting upon all policies, programs, hearings, levies, and community actions which will affect the elderly; " (E) where possible, enter into arrangements with organizations providing day care services for children so as to provide opportunities for older individuals to aid or assist on a voluntary basis in the delivery of such services to children; " (F) where possible, enter into arrangements with local educational agencies, institutions of higher education, and nonprofit private organizations, to use services provided for older individuals under the community schools program under the Elementary and Secondary Education Act of 1965; 20 USC 821 note. "(G) establish an advisory council consisting of older indi- Advisory council, viduals who are participants or who are eligible to partici- establishment, pate in programs assisted under this Act, representatives of older individuals, local elected officials, and the general public, to advise continuously the area agency on all matters relating to the development of the area plan, the administration of the plan and operations conducted under the plan; " (H) develop and publish methods by which priority of

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Page:United States Statutes at Large Volume 92 Part 2.djvu/244

 92 STAT. 1524

Ante, p. 1514. Waiver.

Ante, p. 1513.

29 USC 701 note. 42 USC 1396, 1397.

Transportation services, funds.

PUBLIC LAW 95-478—OCT. 18, 1978 services is determined, particularly with respect to the delivery of services under clause (2); and " (I) establish effective and efficient procedures for coordination between the programs assisted under this title and programs described in section 203(b). "(b)(1) Each State, in approving area agency plans under this section, may, for fiscal years 1979 and 1980, waive any particular requirement relating to the delivery of services or the establishment or operation of multipurpose senior centers which such agency cannot meet because of the consolidation authorized by the Comprehensive Older Americans Act Amendments of 1978, except that the State agency may grant such a waiver only if the area agency demonstrates to the State agency that it is taking steps to meet the requirements of this title, but in any event the State agency may not grant a waiver for any requirement of this Act in effect on September 30, 1978. " (2) Each State, in approving area agency plans under this section, may waive the requirement described in clause (2) of subsection (a) for any category of services described in such clause if the area agency on aging demonstrates to the State agency that services being furnished for such category in the area are sufficient to meet the need for such services in such area. If the State agency grants a waiver under the preceding sentence with respect to any category, then the area agency shall expend under clause (2) of subsection (a) a percentage of the amount allotted for part B to the planning and service area, for the categories with respect to which such waiver does not apply, that is agreed upon by the State agency and the area agency. "(c)(1) Subject to regulations prescribed by the Commissioner, an area agency on aging designated under section 305(a)(2)(A) or, in areas of a State where no such agency has been designated, the State agency, may enter into agreements with agencies administering programs under the Rehabilitation Act of 1973, and titles X IX and X X of the Social Security Act for the purpose of developing and implementing plans for meeting the common need for transportation services of individuals receiving benefits under such Acts and older individuals participating in programs authorized by this title. "(2) In accordance with an agreement entered into under paragraph (1), funds appropriated under this title may be used to purchase transportation services for older individuals and may be pooled with funds made available for the provision of transportation services under the Rehabilitation Act of 1973, and titles X IX and X X of the Social Security Act. "STATE PLANS

42 USC 3027.

Requirements.

"SEC. 307. (a) Except as provided in section 309(a), each State, in order to be eligible for grants from its allotment under this title for any fiscal year, shall submit to the Commissioner a State plan for a 3-year period, with such annual revisions as are necessary, which meets such criteria as the Commissioner may by regulation prescribe. Each such plan shall— "(1) contain assurances that the State plan will be based upon area plans developed by area agencies on aging within the State designated under section 305(a)(2)(A) and that the State will prepare and distribute a uniform format for use by area agencies in developing area plans under section 306; "(2) provide that each area agency on aging designated under section 305(a)(2)(A) will develop and submit to the State agency

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Page:United States Statutes at Large Volume 92 Part 2.djvu/245

 PUBLIC LAW 95-478—OCT. 18, 1978 for approval an area plan which complies with the provisions of section 306; "(3)(A) provide that the State agency will evaluate the need for social services (including legal services), nutrition services, and multipurpose senior centers within the State and determine the extent to which existing public or private programs meet such need; and "(B) provide assurances that the State agency will spend in each fiscal year, for services to older individuals residing in rural areas in the State assisted under this title, an amount equal to not less than 105 percent of the amount expended for such services (including amounts expended under title V and title VII) in fiscal year 1978; "(4) provide for the use of such methods of administration (including methods relating to the establishment and maintenance of personnel standards on a merit basis, except that the Commissioner shall exercise no authority with respect to the selection, tenure of office, or compensation of any individual employed in accordance with such methods) as are necessary for the proper and efficient administration of the plan, and, where necessary, provide for the reorganization and reassignment of functions to assure such efficient administration; "(5) provide that the State agency will afford an opportunity for a hearing upon request to any area agency on aging submitting a plan under this title, to any provider of a service under such a plan, or to any applicant to provide a service under such a plan; "(6) provide that the State agency will make such reports, in such form, and containing such information, as the Commissioner may require, and comply with such requirements as the Commissioner may impose to insure the correctness of such reports; "(7) provide satisfactory assurance that such fiscal control and fund accounting procedures will be adopted as may be necessary to assure proper disbursement of, and accounting for. Federal funds paid under this title to the State, including any such funds paid to the recipients of a grant or contract; " (8) provide that the State agency will conduct periodic evaluations of activities and projects carried out under the State plan; "(9) provide for establishing and maintaining information and referral services in sufficient numbers to assure that all older individuals in the State who are not furnished adequate information and referral services under section 306(a)(4) will have reasonably convenient access to such services; "(10) provide that no social services, including nutrition services, will be directly provided by the State agency or an area agency on aging, except where, in the judgment of the State agency, provision of such services by the State agency or an area agency on aging is necessary to assure an adequate supply of such services; " (11) provide that subject to the requirements of merit employment systems of State and local governments, preference shall be ^ven to individuals aged 60 or older for any staff positions (full time or part time) in State and area agencies for which such individuals qualify; " (12) provide assurances that the State agency will— " (A) establish and operate, either directly or by contract or other arrangement with any public agency or other appro-

92 STAT. 1525

42 USC 3041, 3045.

Hearing,

Reports,

Accounting procedures,

Ombudsman program,

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text:
Page:Hockey, Canada's Royal Winter Game.djvu/9

 III. THE ROYAL GAME OF HOCKEY. ☘

OCKEY! Fast, furious, brilliant, it is our popular winter sport. Verily it is the game of games. Offspring of "Our Lady of the Snows," hockey is, among her many, varied games, the most fascinating, the most exciting, the most scientific.

Played in every city, town, village, hamlet, it has aroused more public interest, more enthusiasm, than any athletic pastime that the votaries of sport have yet enjoyed, and as each succeeding year glides by, it grows in popular favor.

Rinks are springing up everywhere, and even their greatest capacity cannot accommodate the enthusiastic crowds of spectators who rush to witness an exciting match.

Like the Klondyke gold fever, the love of hockey spreads. A few years ago, the sport was known only in a few cities of the Dominion—now, from far east Halifax to frigid


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/246

 92 STAT. 1526

Record access and disclosure.

Reporting system.

Nutrition services.

PUBLIC LAW 95-478—OCT. 18, 1978 priate private nonprofit organization which is not responsible for licensing or certifying long-term care services in the State or which is not an association (or an affiliate of such an association) of long-term care facilities (including any other residential facility for older individuals), a long-term care ombudsman program which will— "(i) investigate and resolve complaints made by or on behalf of older individuals who are residents of longterm care facilities relating to administrative action which may adversely affect the health, safety, welfare, and rights of such residents; "(ii) monitor the development and implementation of Federal, State, and local laws, regulations, and policies with respect to long-term care facilities in that State; "(iii) provide information as appropriate to public agencies regarding the problems of older individuals residing in long-term care facilities; "(iv) provide for training volunteers and promote the development of citizen organizations to participate in the ombudsman program; and "(v) carry out such other activities as the Commissioner deems appropriate; "(B) establish procedures for appropriate access by the ombudsman to long-term care facilities and patients' records, including procedures to protect the confidentiality of such records and ensure that the identity of any complainant or resident will not be disclosed without the written consent of such complainant or resident, or upon court order; "(C) establish a statewide uniform reporting system to collect and analyze data relating to complamts and conditions in long-term care facilities for the purpose of identifying and resolving significant problems, with provision for submission of such data to the agency of the State responsible for licensing or certifying long-term care facilities in the State and to the Commissioner on a regular basis; and "(D) establish procedures to assure that any files maintained by the ombudsman program shall be disclosed only at the discretion of the ombudsman having authority over the disposition of such files, except that the identity of any complainant or resident of a long-term care facility shall not be disclosed by such ombudsman unless— "(i) such complainant or resident, or his legal representative, consents in writing to such disclosure; or "(ii) such disclosure is required by court order; " (13) provide with respect to nutrition services that— "(A) each project providing nutrition services will be available to individuals aged 60 or older, and to their spouses; "(B) each project will provide meals in a congregate setting, except that each such project may provide home delivered meals based upon a determination of need made by the recipient of a grant or contract entered into under this title; "(C)(i) each project will permit recipients of grants or contracts to charge participating individuals for meals furnished in accordance with guidelines established by the Commissioner, taking into consideration the income ranges of eli^ble individuals in local communities and other sources of mcome of the recipients of a grant or contract; and

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Page:United States Statutes at Large Volume 92 Part 2.djvu/247

 PUBLIC LAW 95-478—OCT. 18, 1978

92 STAT. 1527

"(ii) such charges will be used to increase the number of meals served by the project involved; "(D) a site for such services and for comprehensive social services is furnished in as close proximity to the majority of eligible individuals' residences as feasible, with particular attention upon a multipurpose senior center, a school, a church, or other appropriate community facility, preferably within walking distance where possible, and where appropriate, transportation to such site is furnished or home delivered meals are furnished to eligible individuals who are homebound; " (E) each project will establish outreach activities which assure that the maximum number of eligible individuals may have an opportunity to participate; " (F) each project may establish and administer the nutrition project with the advice of persons competent in the field of service in which the nutrition project is being provided, older individuals who will participate in the program, and of persons who are knowledgeable with regard to the needs of older individuals; "(G) each project will provide special menus, where feasible and appropriate, to meet the particular dietary needs arising from the health requirements, religious requirements, or ethnic backgrounds of eligible individuals; " (H) each area agency will give consideration, where feasible, in the furnishing of home delivered meals to the use of organizations which (i) have demonstrated an ability to provide home delivered meals efficiently and reasonably; and (ii) furnish assurances to the area agency that such an organization will maintain efforts to solicit voluntary support and that funds made available under this title to the organization will not be used to supplant funds from non-Federal sources; and " (I) each State agency may, only for fiscal years 1979 and 1980, use not to exceed 20 percent of the amounts allotted under part C to the State for supportive services, including Post, p. 1536, recreational activities, informational services, health and welfare counseling, and referral services, directly related to the delivery of congregate or home delivered meals, except that the Commissioner may approve an application from a State to use not to exceed 50 percent of its amount allotted under part C in areas with unusually high supportive services costs; "(14) provide, with respect to the acquisition (in fee simple or Multipurpose by lease for 10 years or more), alteration, or renovation of exist- senior centers, ing facilities (or the construction of new facilities in any area facilities. in which there are no suitable structures available, as determined by the State agency, after full consideration of the recommendations made by area agencies, to be a focal point for the delivery of services assisted under this title) to serve as multipurpose senior centers, that— "(A) the plan contains or is supported by reasonable assurances that (i) for not less than 10 years after acquisition, or not less than 20 years after the completion of construction, the facility will be used for the purpose for which it is to be acquired or constructed, unless for unusual circumstances the Commissioner waives the requirement of this division; (ii) sufficient funds will be available to meet the non-Federal share

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Page:United States Statutes at Large Volume 92 Part 2.djvu/248

 92 STAT. 1528

42 USC 4151 note.

Legal services.

42 USC 2996 note.

PUBLIC LAW 95-478—OCT. 18, 1978 of the cost of acquisition or construction of the facility; (iii) sufficient funds will be available when acquisition or construction is completed, for effective use of the facility for the purpose for which it is being acquired or constructed; and (iv) the facility will not be used and is not intended to be used for sectarian instruction or as a place for religious worship; " (B) the plan contains or is supported by reasonable assurances that, in the case of purchase or construction, there are no existing facilities in the community suitable for leasing as a •'' multipurpose senior center; " (C) the plans and specifications for the facility are in accordance with regulations relating to minimum standards of construction, promulgated with particular emphasis on securing compliance with the requirements of the Act of August 12, 1968, commonly known as the Architectural Barriers Act of 1968; " (D) the plan contains or is supported by adequate assurance that any laborer or mechanic employed by any contractor or subcontractor in the performance of work on the facility will be paid wages at rates not less than those prevailing for similar work in the locality as determined by the Secretary of Labor in accordance with the Act of March 3, 1931 (40 U.S.C. 276a—276a-5; commonly known as the Davis-Bacon Act), and the Secretary of Labor shall have, with respect to the labor standards specified in this clause, the authority and functions set forth in reorganization plan numbered 14 of 1950 (15 F.K. 3176; 64 Stat. 1267), and section 2 of the Act of June 13, 1934 (40 U.S.C. 276c); and " (E) the plan contains assurances that the State agency will consult with the Secretary of Housing and Urban Development with respect to the technical adequacy of any proposed alteration or renovation; " ( 1 5) provide that with respect to legal services— " (A) the plan contains assurances that area agencies on aging will (i) enter into contracts with providers of legal services which can demonstrate the experience or capacity to deliver legal services; (ii) include in any such contract provisions to assure that any recipient of funds under division (i) will be subject to specific restrictions and regulations promulgated under the Legal Services Corporation Act (other than restrictions and regulations governing eligibility for legal assistance under such Act and governing membership of local governing boards) as determined appropriate by the Commissioner; and (iii) attempt to involve the private bar in legal services activities authorized under this title, including groups within the private bar furnishing services to older individuals on a pro bono and reduced fee basis; " (B) the plan contains assurances that no legal services will be furnished unless the grantee— " (i) is a recipient of funds under the Legal Services Corporation Act; or " ( i i) administers a program designed to provide legal services to all older individuals with social or economic need and has agreed to coordinate its services with existing Legal Services Corporation projects in the area in

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Page:United States Statutes at Large Volume 92 Part 2.djvu/249

 PUBLIC LAW 95-478—OCT. 18, 1978 order to concentrate the use of funds provided under this title on individuals with the greatest such need but who are not eligible for legal assistance under the Legal Services Corporation Act; 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; "(C) the State agency will provide for the coordination of the furnishing of legal services to older individuals within the State, and provide advice and technical assistance in the provision of legal services to older individuals within the State and support the furnishing of training and technical assistance for legal services for older individuals; and "(D) the plan contains assurances, to the extent practicable, that legal services furnished under the plan will be in addition to any legal services for older individuals being furnished with funds from sources other than this Act and that reasonable efforts will be made to maintain existing levels of legal services for older individuals; and "(16) provide that the State agency, from funds allotted under section 304(a) for part B will use an amount equal to an amount not less than 1 percent of such allotment or $20,000, whichever is greater, for the purpose of carrying out the provisions of clause (12), except that (A) the requirement of this clause shall not apply in any fiscal year in which a State spends from State or local sources an amount equal to the amount required to be spent by this clause; and (B) the provisions of this clause shall not apply to American Samoa, Guam, the Virgin Islands, the Trust Territory of the Pacific Islands, and the Northern Mariana Islands. "(b)(1) The Commissioner shall approve any State plan which he finds fulfills the requirements of subsection (a). "(2) The Commissioner, in approving any State plan under this section may, for the fiscal years 1979 and 1980, waive any particular requirement relating to the delivery of services or the establishment or operation of multipurpose senior centers which the State agency cannot meet because of the consolidation authorized by the Comprehensive Older Americans Act Amendments of 1978 or because meeting such requirement would reduce or jeopardize the quality of services under this Act, except that the Commissioner may grant such a waiver only if the State agency demonstrates that it is taking steps to meet the requirements of this title, but in any event the Commissioner may not grant a waiver for any requirement of this Act in effect on September 30, 1978. The Commissioner may not disapprove any State plan under paragraph (1) solely on the ground that a State requested a waiver under the preceding sentence. "(3) The Commissioner, in approving any State plan under this section, may waive the requirement described in clause (3)(B) of subsection (a) if the State agency demonstrates to the Commissioner that the service needs of older individuals residing in rural areas in the State are being met, or that the number of older individuals residing in such rural areas is not sufficient to require the State agency to comply with the requirement described in clause (3)(B) of subsection (a). "(c) The Commissioner shall not make a final determination disapproving any State plan, or any modification thereof, or make a final

92 STAT. 1529

42 USC 2996 note,

Post, p. 1535.

Waiver,

Ante, p. 1513.

Hearing,

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Page:United States Statutes at Large Volume 92 Part 2.djvu/250

 92 STAT. 1530

PUBLIC LAW 95~478--OCT. 18, 1978

determination that a State is ineligible under section 305, without first affording the State reasonable notice and opportunity for a hearing. State plan, failure "(d) Whenever the Commissioner, after reasonable notice and to comply. opportunity for a hearing to the State agency, finds that— " Q) the State is not eligible under section 305, "(2) the State plan has been so changed that it no longer complies substantially with the provisions of subsection (a), or " (3) in the administration of the plan there is a failure to comply substantially with any such provision of subsection (a), the Commissioner shall notify such State agency that no further payments from its allotments under section 304 and section 308 will be made to the State (or, in his discretion, that further payments to the State will be limited to projects under or portions of the State plan not affected by such failure), until he is satisfied that there will no longer be any failure to comply. Until he is so satisfied, no further payments shall be made to such State from its allotments under section 304 and section 308 (or payments shall be limited to projects under or portions of the State plan not affected by such failure). The Commissioner shall, in accordance with regulations he shall prescribe, disburse the funds so withheld directly to any public or nonprofit private organization or agency or political subdivision of such State submitting an approved plan in accordance with the provisions of section 307. Any such payment shall be matched in the proportions specified in section 304. Appeal. " (e)(1) A State which is dissatisfied with a final action of the Commissioner under subsection (b), (c), or (d) may appeal to the United States court of appeals for the circuit in which the State is located, by filing a petition with such court within 30 days after such final action. A. copy of the petition shall be forthwith transmitted by the clerk of the court to the Commissioner, or any officer designated by him for such purpose. The Commissioner thereupon shall file in the court the record of the proceedings on which he based his action, as provided in ' section 2112 of title 28, United States Code. Petition filing. "(2) Upon the filing of such petition, the court shall have jurisdiction to affirm the action of the Commissioner or to set it aside, in whole or in part, temporarily or permanently, but until the filing of the record, the Commissioner may modify or set aside his order. The findings of the Commissioner as to the facts, if supported by substantial evidence, shall be conclusive, but the court, for good cause shown, may remand the case to the Commissioner to take further evidence, and the Commissioner shall, within 30 days, file in the court the record of those further proceedings. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence. The judgment of the court affirming or setting aside, in whole or in part, any action of the Commissioner shall be final, subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28, United States Code. "(3) The commencement of proceedings under this subsection shall not, unless so specifically ordered by the court, operate as a stay of the Commissioner's action. " P L A N N I N G, COORDINATION, EVALUATION, AND ADMINISTRATION OF STATE PLANS

Grants.

42 USC 3028.

"SEC. 308. (a)(1) Amounts appropriated under section 303 may be used to make grants to States for paying such percentages as each

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Page:United States Statutes at Large Volume 92 Part 2.djvu/251

 PUBLIC LAW 95-478—OCT. 18, 1978 State agency determines, but not more than 75 percent, of the cost of the administration of its State plan, including the preparation of the State plan, the evaluation of activities carried out under sudh plan, the collection of data and the carrying out of analyses related to the need for social services, nutrition services, and multipurpose senior centers within the State, and dissemination of information so obtained, the provision of short-term training to personnel of public or nonprofit private agencies and organizations engaged in the operation of programs authorized by this Act, and the carrying out of demonstration projects of statewide significance relating to the initiation, expansion, or improvement of services assisted under this title. "(2) Any sums received by a State under this section for part of the cost of the administration of its State plan which the State determines is not needed for such purpose may be used by the State to supplement the amount available under section 304(d)(1)(A) to cover part of the cost of the administration of area plans. "(3) Any State which has designated a single planning and service area under section 305(a)(1)(E) covering all, or substantially all, of the older individuals in such State, as determined by the Commissioner, may elect to pay part of the costs of the administration of State and area plans either out of sums received under this section or out of sums made available for the administration of area plans under section 304(d)(1)(A), but shall not pay such costs out of sums received or allotted under both such sections. "(b)(1) From the sums appropriated for any fiscal year under section 303 for carrying out the purposes of this section, each State shall be allotted an amount which bears the same ratio to such sums as the population ao^ed 60 or older in such State bears to the population aged 60 or older in all States, except that (A) no State shall be allotted less than one-half of 1 percent of the sum appropriated for the fiscal year for which the determination is made, or $300,000, whichever is greater: and (B) Guam, American Samoa, the Virgin Islands, the Trust Territory of the Pacific Islands, and the Northern Mariana Islands shall be each allotted no less than one-fourth of 1 percent of the sum appropriated for the fiscal year for which the determination is made, or $75,000, whichever is greater. For the purpose of the exception contained in clause (A), the term 'State' does not include Guam, American Samoa, the Virgin Islands, the Trust Territory of the Pacific Islands, and the Northern Mariana Islands. "(2)(A) Any State which desires to receive amounts, in addition to amounts allotted to such State under paragraph (1), to be used in the administration of its State plan in accordance with subsection (a) may transmit an application to the Commissioner in accordance with this paragraph. Any such application shall be transmitted in such form, and according to such procedures, as the Commissioner may require, except that such application may not be made as part of, or as an amendment to, the State plan. "(B) The Commissioner may approve any application transmitted by a State under subparagraph (A) if the Commissioner determines, based upon a particularized showing of need, that— "(i) the State will be unable to fully and effectively administer its State plan and to carry out programs and projects authorized by this title unless such additional amounts are made available by the Commissioner; "(ii) the State is making full and effective use of its allotment under paragraph (1) and of the personnel of the State agency and area agencies designated under section 305(a)(2)(A) in the

92 STAT. 1531

Funds, allocation,

"State."

Applications for additional funds,

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Page:United States Statutes at Large Volume 92 Part 2.djvu/252

 92 STAT. 1532

Limitation.

State allotments.

Post, p. 1536.

Post, pp. 1535, 1536.

PUBLIC LAW 95-478—OCT. 18, 1978

administration of its State plan in accordance with subsection (a); and "(iii) the State agency and area agencies of such State designated under section 305 are carrying out, on a full-time basis, programs and activities which are in furtherance of the purposes of this Act. "(C) The Commissioner may approve that portion of the amount requested by a State in its application under subparagraph (A) which he determines has been justified in such application. "(D) Amounts which any State may receive in any fiscal year under this paragraph may not exceed three-fourths of 1 percent of the sum of the amounts allotted under section 304(a) to such State to carry out the State plan for such fiscal year. " (E) No application by a State under subparagraph (A) shall be approved unless it contains assurances that no amounts received by the State under this paragraph will be used to hire any individual to fill a job opening created by the action of the State in laying off or terminating the employment of any regular employee not supported under this Act in anticipation of filling the vacancy so created by hiring an employee to be supported through use of amounts received under this paragraph. "(3) Each State shall be entitled to an allotment under this section for any fiscal year in an amount which is not less than the amount of the allotment to which such State was entitled under paragraph (1) for the fiscal year ending June 30, 1975. " (4) The number of individuals aged 60 or older in any State and in all States shall be determined by the Commissioner on the basis of the most recent satisfactory data available to him. "(5) Notwithstanding any other provision of this title, with respect to funds received under section 303(b)(1) and (2), a State may elect in its plan under section 307(a) (13) regarding part C of this title, to transfer a portion of the funds appropriated between subpart 1 and subpart 2 of part C, for use as the State considers appropriate to meet the needs of the area served. The Commissioner shall approve any such transfer unless he determines that such transfer is not consistent with the purposes of this Act. "(c) The amounts of any State's allotment under subsection (b) for any fiscal year which the Commissioner determines will not be required for that year for the purposes described in subsection (a)(1) shall be available to provide services under part B or part C, or both, in the State. "PAYMENTS

42 USC 3029.

"SEC. 309. (a) Payments of grants or contracts under this title may be made (after necessary adjustments resulting from previously made overpayments or underpayments) in advance or by way of reimbursement, and in such installments, as the Commissioner may determine. From a State's allotment for a fiscal year which is available under section 308 the Commissioner may pay to a State which does not have a State plan approved under section 307 such amounts as he deems appropriate for the purpose of assisting such State in developing a State plan. "(b)(1) For each fiscal year, not less than 25 percent of the nonFederal share of the total expenditures under the State plan which is required by section 304(d) shall be met from funds from State or local public sources.

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"(2) Funds required to meet the non-Federal share required by section 304(d)(1)(B), in amounts exceeding the non-Federal share required prior to fiscal year 1981, shall be met from State sources. "(c) A State's allotment under section 304 for a fiscal year shall be reduced by the percentage (if any) by which its expenditures for such year from State sources under its State plan approved under section 307 are less than its expenditures from such sources for the precedingfiscal year. "DISASTER RELIEF REIMBURSEMENTS

"SEC. 310. (a)(1) The Commissioner may provide reimbursements to any State, upon a^jplication for such reimbursement, for funds such State makes available to area agencies in such State for the delivery of social services during any major disaster declared by the President in accordance with the Disaster Relief Act of 1974. "(2) Total payments to all States under paragraph (1) in any fiscal year shall not exceed 5 percent of the total amount appropriated and available for carrying out the purposes of,section 421. " (b)(1) At the beginning of each fiscal year the Commissioner shall set aside, for payment to States under subsection (a), an amount equal to 5 percent of the total amount appropriated and available for carrying out the purposes of section 421. "(2) Amounts set aside under paragraph (1) which are not obligated by the end of the third quarter of any fiscal year shall be made available for carrying out the purposes of section 421. "(c) Nothing in this section shall be construed to prohibit expenditures by States for disaster relief for older individuals in excess of amounts reimbursable under this section, by using funds made available to them under other sections of this Act or under other provisions of Federal or State law, or from private sources. ((AVAILABILITY

42 USC 3030

42 USC 5121 note. Post, p. 1539.

OF SURPLUS COMMODITIES

"SEC. 311. (a)(1) Agricultural commodities and products purchased by the Secretary of Agriculture under section 32 of the Act of August 24, 1935 (7 U.S.C. 612c), shall be donated to a recipient of a grant or contract to be used for providing nutrition services in accordance with the provisions of this title. " (2) The Commodity Credit Corporation shall dispose of food commodities under section 416 of the Agricultural Act of 1949 (7 U.S.C. 1431) by donating them to a recipient of a grant or contract to be used for providing nutrition services in accordance with the provisions of this title. "(3) Dairy products purchased by the Secretary of Agriculture under section 709 of the Food and Agriculture Act of 1965 (7 U.S.C. 1446a-l) shall be used to meet the requirements of programs providing nutrition services in accordance with the provisions of this title. "(4) In donating commodities under this subsection, the Secretary of Agriculture shall maintain an annually programmed level of assistance of not less than 15 cents per meal during fiscal year 1976, 25 cents per meal during fiscal year 1977 and fiscal year 1978, and 30 cents per meal during the three succeeding fiscal years. The amount specified in this paragraph shall be adjusted on an annual basis for each fiscal year after June 30, 1975, to reflect changes in the series for food away from home of the Consumer Price Index published by the Bureau of Labor Statistics of the Department of Labor. Such adjustment shall be computed to the nearest one-fourth cent. Among

Nutrition services. 42 USC 3030a.

Dairy products

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 92 STAT. 1534

High protein foods, meat, and meat alternates.

Cash payments.

PUBLIC LAW 95-478—OCT. 18, 1978 the commodities delivered under this subsection, the Secretary shall give special emphasis to high protein foods, meat, and meat alternates. The Secretary of Agriculture, in consultation with the Commissioner, is authorized to prescribe the terms and conditions respecting the donating of commodities under this subsection. "(b)(1) During each of the fiscal years ending before October 1, 1981, the Secretary of Agriculture shall purchase hi^h protein foods, meat, and meat alternates on the open market, at prices not in excess of market prices, out of funds appropriated under this section, as determined under paragraph (3), for distribution to recipients of grants or contracts to be used for providing nutrition services in accordance with the provisions of this title. High protein foods, meat, and meat alternates purchased by the Secretary of Agriculture under this subsection shall be grown and produced in the United States. "(2) High protein foods, meat, and meat alternates donated under this subsection shall not be considered donated commodities for purposes of meeting the requirement of subsection (a)(4) with respect to the annually programmed level of assistance under subsection (a). "(3) There are authorized to be appropriated such sums as may be necessary in order to carry out the program established by paragraph (1). "(c)(1) Notwithstanding any other provision of law, a State may, for purposes of the programs authorized by this Act, elect to receive cash payments in lieu of donated foods for all or any portion of its project. In any case in which a State makes such an election, the Secretary of Agriculture shall make cash payments to such State in an amount equivalent in value to the donated foods which the State otherwise would have received if such State had retained its commodity distribution. " (2) When such payments are made, the State agency shall promptly and equitably disburse any cash it receives in lieu of commodities to recipients of grants or contracts. Such disbursements shall only be used by such recipients of grants or contracts to purchase United States agricultural commodities and other foods for their nutrition projects. "(3) Nothing in this subsection shall be construed to authorize the Secretary of Agriculture to require any State to elect to receive cash payments under this subsection. " M U L T I P U R P O S E SENIOR CENTERS: RECAPTURE OF PAYMENTS

42 USC 3030b.

"SEC. 312. If, within 10 years after acquisition, or within 20 years after the completion of construction, of any facility for which funds have been paid under this title— "(1) the owner of the facility ceases to be a public or nonprofit private agency or organization; or "(2) the facility ceases to be used for the purposes for which it was acquired (unless the Commissioner determines, in accordance with regulations, that there is good cause for releasing the applicant or other owner from the obligation to do so); the United States shall be entitled to recover from the applicant or other owner of the facility an amount which bears to the then value of the facility (or so much thereof as constituted an approved project or projects) the same ratio as the amount of such Federal funds bore to the cost of the facility financed with the aid of such funds. Such valt^e shall be determined by agreement of the parties or by action

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brought in the United States district court for the district in which such facility is situated. "AUDIT

"SEC. 313. The Commissioner and the Comptroller General of the 42 USC 3030c. United States or any of their duly authorized representatives shall have access for the purpose of audit and examination to any books, documents, papers, and records that are pertinent to a grant or contract received under this title. "PART B—SOCIAL SERVICES

uPROGRAM AUTHORIZED

"SEC. 321. (a) The Commissioner shall carry out a program for Grant program. making grants to States under State plans approved under section 42 USC 3030d. 307 for any of the following social services: "(1) health, continuing education, welfare, informational, recreational, homemaker, counseling, or referral services; "(2) transportation services to facilitate access to social services or nutrition services, or both; " (3) services designed to encourage and assist older individuals to use the facilities and services available to them; "(4) services designed to assist older individuals to obtain adequate housing, including residential repair and renovation projects designed to enable older individuals to maintain their homes in conformity with minimum housing standards or to adapt homes to meet the needs of older individuals suffering from physical disabilities; "(5) services designed to assist older individuals in avoiding institutionalization, including preinstitution evaluation and screening and home health services, homemaker services, shopping services, escort services, reader services, letter writing services, and other similar services designed to assist such individuals to continue living independently in a home environment; " (6) services designed to provide legal services and other counseling services and assistance, including tax counseling and assistance and financial counseling, to older individuals; " (7) services designed to enable older individuals to attain and maintain physical and mental well-being through programs of regular physical activity and exercise; (8) services designed to provide health screening to detect or prevent illness, or both, that occur most frequently in older individuals; "(9) services designed to provide preretirement and second career counseling for older individuals; "(10) services of an ombudsman at the State level to receive, investigate, and act on complaints by older individuals who are residents of long-term care facilities and to advocate the wellbeing of such individuals; "(11) services which are designed to meet the unique needs of older individuals who are disabled; or "(12) any other services; if such services meet standards prescribed by the Commissioner and are necessary for the general welfare of older individuals. "(b)(1) The Commissioner shall carry out a program for making Facilities grants to States under State plans approved under section 307 for

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 92 STAT. 1536

Professional and technical personnel, compensation.

PUBLIC LAW 95-478—OCT. 18, 1978 the acquisitioiij alteration, or renovation of existing facilities, including mobile units, and, where appropriate, construction of facilities to serve as multipurpose senior centers which shall be community facilities for the organization and provision of a broad spectrum of services, including provision of health, social, nutritional, and educational services and provision of facilities for recreational activities for older individuals. "(2) Funds made available to a State under this part may be used, for the purpose of assisting in the operation of multipurpose senior centers, to meet all or part of the costs of compensating professional and technical personnel required for the operation of multipurpose senior centers. "PART C—NUTRITION SERVICES

"Subpart 1—Congregate Nutrition Services u PROGRAM AUTHORIZED

Grants. 42 USC 3030e.

"SEC. 331. The Commissioner shall carry out a program for making grants to States under State plans approved under section 307 for the establishment and operation of nutrition projects— " (1) which, 5 or more days a week, provide at least one hot or other appropriate meal per day and any additional meals which the recipient of a grant or contract under this subpart may elect to provide, each of which assures a minimum of one-third of the daily recommended dietary allowances as established by the Food and Nutrition Board of the National Academy of SciencesNational Research Council; "(2) which shall be provided in congregate settings; and "(3) which may include nutrition education services and other appropriate nutrition services for older individuals. "Subpart 2—Home Delivered Nutrition Services a PROGRAM AUTHORIZED

Grants.

42 USC 3030f.

"SEC. 336. The Commissioner shall carry out a program for making grants to States under State plans approved under section 307 for the establishment and operation of nutrition projects for older individuals which, 5 or more days a week, provide at least one home delivered hot, cold, frozen, dried, canned, or supplemental foods (with a satisfactory storage life) meal per day and any additional meals which the recipient of a grant or contract under this subpart may elect to provide, each of which assures a minimum of one-third of the daily recommended dietary allowances as established by the Food and Nutrition Board of the National Academy of Sciences-National Research Council. u CRITERIA

Efficiency and quality standards. 42 USC 3030g.

"SEC. 337. The Commissioner, in consultation with organizations of and for the aged, blind, and disabled, and with representatives from the American Dietetic Association, the Association of Area Agencies on Aging, the National Association of Title VII Project Directors, the National Association of Meals Programs, Incorporated, and any other appropriate group, shall develop minimum criteria of efficiency and quality for the furnishing of home delivered meal services for projects described in section 336. The criteria required by this section

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shall take into account the ability of established home delivered meals programs to continue such services without major alteration in the furnishing of such services.". TRAINING, RESEARCH, AND DISCRETIONARY PROJECTS AND PROGRAMS

SEC. 104. (a)(1) Section 401 is amended to read as follows: "STATEMENT or

42 USC 3031.

PURPOSE

" S E C 401. (a) The purpose of this part is to develop and implement a national manpower policy for the field of aging. Such a policy shall reflect the present and future needs for training personnel, including personnel involved in advocacy and leadership, in all programs serving the elderly recognizing the unique health, transportation, and housing problems of the elderly, the continual growth of the elderly population of the United States, and the high incidence of disabilities within such population. The national manpower policy established under this part shall require that training programs shall give priority to t r a i n i n g personnel responsible for carrying out projects relating to multipurpose senior centers under part B of title III and for carrying out programs under part C of title III. " (b) The policy required by this title shall be developed and implemented by the Commissioner in cooperation with other departments and agencies of the Federal Government, including the Public Health Service, the Health Care F i n a n c i n g Administration, the Social Security Administration, the National Institutes of Health, and in particular the National Institute on Aging, the Administration for Public Services, the Rehabilitation Services Administration, the Veterans' Administration, the Department of Labor, the Department of Housing and Urban Development, and the Department of Transportation, State employment agencies, State and area agencies on aging, and other appropriate agencies.". (2) Section 402 is amended to read as follows:

National manpower policy.

Ante, p. 1535. Ante, p. 1536. Implementation.

42 USC 3032.

"APPRAISING PERSONNEL NEEDS I N THE FIELD OF AGING

" S E O. 402. (a) The Commissioner shall, at such times as he deems appropriate and in cooperation with representatives referred to in section 401(b), assess the Nation's existing and future personnel needs in the field of aging, including as part of such assessment, the needs for personnel in both institutional and non-institutional long-term care settings, and evaluate all programs, including institutional and non-institutional long-term care programs, serving the elderly at all levels of government recognizing the continual growth of the elderly population. The assessment required by this section shall be conducted in accordance with the national manpower policy developed under section 401. " (b) The assessment required by this section shall be submitted Report to biennially to the Congress. Each such report shall indicate the impact Congress. of the assessment on the national manpower policy and plans for the future.". (3)(A) Section 403 is amended by striking out " The " and insert- 42 USC 3033. ing in lieu thereof the following: " I n accordance with the requirements set forth in the national manpower policy, the".

39-194 O—80—pt. 2

17: QL3

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 92 STAT. 1538 42 USC 3033.

PUBLIC LAW 95-478—OCT. 18, 1978

(B) Section 403(4) is amended by striking out "to the purposes of this Act" and inserting in lieu thereof "to the field of aging". 42 USC 3034. (4)(A) Section 404(a) is amended— (i) by striking out "The" and inserting in lieu thereof the following: "In accordance with the requirements set forth in the national manpower policy, the"; and '^ (ii) by striking out "fields related to the purposes of this Act" and inserting in lieu thereof "the field of aging". (B) Section 404(a)(1) is amended by striking out "purposes of this Act" and inserting in lieu thereof "field of aging". (C) Section 404(a) is further amended by redesignating clauses (1), (2), (3), (4), (5), and (6) as clauses (2), (3),( 4), (5), (6), and (7), respectively, and by inserting after the dash the following new clause: "(1) to coordinate the training efforts of all programs serving the elderly at the Federal, State, and local levels recognizing the continual growth of the elderly population,". (D) Section 404(a) is further amended by redesignating clauses (6) and (7), as so redesignated in subparagraph (C), as clauses (8) and (9), respectively, and by inserting after clause (5), as so redesignated in subparagraph (C), the following new clauses: "(6) to assess future national personnel needs, including the ' need for training of advocates, with respect to the elderly with special emphasis on the needs of elderly minority group individuals and the need for the training of minority group individuals to meet such needs, " (7) to assist in paying the costs, in whole or in part, of special courses of training designed to meet the needs of service providers in rural areas,". 42 USC 3035. (b)(1)(A) Section 411 is amended by inserting " (a) " after the section designation. (B) Section 411(a), as so redesignated in subparagraph (A), is ^ amended by striking out "The" and inserting in lieu thereof "To support research efforts related to the implementation of this Act together with areas of concern relating to the living conditions of the elderly, the". (2) Section 411 is further amended by adding at the end thereof the following new subsections: Grants and "(b) In accordance with the purposes of this part, the Commissioner contracts. shall make grants to any public agency or nonprofit private organization or institution and contracts with any agency, organization, or institution or with an individual for the purpose of— Study. " (1) conducting a study related to the problems experienced by State and area agencies on aging and other service providers inoperating transportation services, with particular emphasis on the difficulties of continually rising insurance costs and restrictions being placed upon the operation of such services by insurance ,,,^. underwriters; "(2) revising existing Federal transportation programs for older individuals to— "(A) provide more coordinated and comprehensive services > sI to such individuals; "(B) eliminate unnecessary duplication among such programs; "(C) eliminate disparities in eligibility requirements among Federal transportation programs for older individuals; and

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