Public Law 94-135 94th Congress, H. R. 3922 November 28, 1975 An Act To amend the Older Americans Act of 1965 to establish certain social services programs for older Americans and to extend the authorizations of appropriations contained in such Act, to prohibit discrimination on the basis of age, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may Older be cited as the "Older Americans Amendments of 1975". TITLE I-AMENDMENTS TO OLDER AMERICANS ACT OF 1965 TRANSMISSION OF CERTAIN RECOMMENDATIONS RELATING TO FEDERAL SEC. 101. (a) Section 205 (g) of the Older Americans Act of 1965 (42 U.S.C. 3015 (g)) (hereinafter in this title referred to as the "Act") is amended by striking out "eighteen months after enactment of this Act" and inserting in lieu thereof "January 1, 1976,". (b) Section 205 (h) of the Act (42 U.S.C. 3015 (h)) is amended by striking out "eighteen months after enactment of this Act," and inserting in lieu thereof "January 1, 1976,". APPLICATION OF OTHER LAWS SEC. 102. Title II of the Act (42 U.S.C. 3011 et seq.) is amended by adding at the end thereof the following new section: "APPLICATION OF OTHER LAWS "SEC. 211. The provisions and requirements of the Act of December 5, 1974 (Public Law 93-510; 88 Stat. 1604) shall not apply to the administration of the provisions of this Act or to the administration of any program or activity under this Act.". DEFINITION OF SOCIAL SERVICES SEC. 103. Section 302 (1) of the Act (42 U.S.C. 3022(1)) is amended (1) in subparagraph (E) thereof, by striking out "or" at the end thereof; and (2) by redesignating subparagraph (F) as subparagraph (H) and by inserting immediately after subparagraph (E) the following new subparagraphs: (F) services designed to provide legal and other counseling services and assistance, including tax counseling and assistance and financial counseling, to older persons; "(G) services designed to enable older persons to attain and maintain physical and mental well being through programs of regular physical activity and exercise; or". 89 STAT. 713 Americans note. 42 USC 3020a. 42 USC 4251 note. (1) 42 USC 3025. 42 USC 3023. "Indian." "Indian tribe." 43 USC 1602. "Tribal organization." Pub. Law 94-135 - 2 November 28, 1975 GRANTS TO INDIAN TRIBES SEC. 104. (a) Section 303 (b) of the Act (42 U.S.C. 3023 (b)) is amended by redesignating paragraph (3) as paragraph (4) and by inserting immediately after paragraph (2) the following new paragraph: "(3) (A) In any State in which the Commissioner determines (after having taken into account the amount of funds available to the State agency or to an appropriate area agency on aging to carry out the purposes of this title) that the members of an Indian tribe are not receiving benefits under this title that are equivalent to benefits provided to other older persons in the State or appropriate area, and if he further determines that the members of such tribe would be better served by means of grants made directly to provide such benefits, he shall reserve from sums that would otherwise be allotted to such State under paragraph (2) not less than 100 per centum nor more than 150 per centum of an amount which bears the same ratio to the State's allotment for the fiscal year involved as the population of all Indians aged sixty or over for whom a determination under this paragraph has been made bears to the population of all persons aged sixty or over in such State. "(B) The sums reserved by the Commissioner on the basis of his determination under this paragraph shall be granted to the tribal organization serving the individuals for whom such a determination has been made, or where there is no tribal organization, to such other entity as he determines has the capacity to provide services pursuant to this title. "(C) In order for a tribal organization or other entity to be eligible for a grant for a fiscal year under this paragraph, it shall submit to the Commissioner a plan for such fiscal year which meets such criteria as the Commissioner may prescribe by regulation and which meets criteria established by section 305 (a), to the extent the Commissioner determines such criteria to be appropriate. "(D) Recipients of grants under this paragraph may retain for administrative purposes an amount equal to the amount available for the cost of the administration of area plans under section 303 (e) (1).". (b) Section 102 of the Act (42 U.S.C. 3002) is amended by adding at the end thereof the following new paragraphs: "(4) The term 'Indian' means a person who is a member of an Indian tribe. "(5) The term 'Indian tribe' means any tribe, band, nation, or other organized group or community of Indians (including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (Public Law 92-203; 85 Stat. 688)) which (A) is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians; or (B) is located on, or in proximity to, a Federal or State reservation or rancheria. "(6) The term 'tribal organization' means the recognized governing body of any Indian tribe, or any legally established organization of Indians which is controlled, sanctioned, or chartered by such governing body. In any case in which a contract is let or grant made to an organization to perform services benefiting more than one Indian tribe, the approval of each such Indian tribe shall be a prerequisite to the letting or making of such contract or grant.". (c) The first sentence of section 303(b)(2) of the Act (42 U.S.C. 3023(b)(2)) is amended by striking out "From" and inserting in lieu thereof "Subject to the provisions of paragraph (3), from”. 89 STAT. 714 November 28, 1975 - 3 Pub. Law 94-135 (d) Section 303(b)(4) of the Act (42 U.S.C. 3023(b)(4)), as so redesignated by subsection (a), is amended by inserting immediately after "States" a comma and the following: "and the number of Indians aged sixty or over on, or in proximity to, any Federal or State reservation or rancheria". AREA PLAN REQUIREMENTS SEC. 105. (a) Section 304 (c) (4) of the Act (42 U.S.C. 3024 (c) (4)) is amended by striking out subparagraph (C) and by redesignating subparagraph (D) through subparagraph (F) as subparagraph (C) through subparagraph (E), respectively. (b) Section 304 of the Act (42 U.S.C. 3024) is amended by inserting after subsection (c) the following new subsection: "(d) (1) Subject to regulations prescribed by the Secretary of Health, Education, and Welfare, an area agency on aging designated under subsection (a) or, in areas of a State where no such agency has been designated, the State agency, is authorized to enter into agreements with agencies administering programs under the Rehabilitation Act of 1973, and titles VI, XIX, and XX of the Social Security Act for the purpose of developing and implementing plans for meeting the common need for transportation services of persons receiving benefits under such Acts and older persons participating in programs authorized by titles III and VII of this Act. 29 USC 701 note. 42 USC 801, 1396, 1397. 42 USC 3021, “(2) Pursuant to an agreement entered into under paragraph (1), 3045. funds appropriated under titles III and VII of this Act may be used to Transportation purchase transportation services for older persons and may be pooled services, funds. with funds made available for the provision of transportation services under the Rehabilitation Act of 1973, and titles VI, XIX, and XX of the Social Security Act.". NATIONAL PRIORITY SERVICES SEC. 106. (a) Section 305 (a) of the Act (42 U.S.C. 3025(a)) is amended by striking out "and" immediately after the semicolon in paragraph (8), by striking out the period at the end of paragraph (9) and inserting in lieu thereof a semicolon and “and”, and by inserting the following new paragraph immediately after paragraph (9): "(10) provides assurances in such form as the Commissioner shall prescribe that of the funds alloted to the State under section 303 (b) in any fiscal year to carry out the State plan, not less than 50 per centum of the amount by which such allotment exceeds the allotment made for the same purpose in the fiscal year ending June 30, 1975, shall be used for the purposes set forth in section 305 (b), except with respect to any State which provides assurances found satisfactory by the Commissioner that at least 33% per centum of the total amount allotted to the State under section 303(b) to carry out the State plan in any fiscal year shall be used for the purposes set forth in section 305 (b), but in no case shall less than 20 per centum of the funds allotted to any State under section 303 (b) to carry out the State plan in any fiscal year beginning after September 30, 1976, be used for the purposes set forth in section 305(b).". (b) Section 305 (a) of the Act (42 U.S.C. 3025(a)) is amended by re-designating subsections (b), (c), (d), and (e) as subsections (c), (d), (e), and (f), respectively, and by inserting the following new subsection immediately after subsection (a): 89 STAT. 715 Pub. Law 94-135 4 November 28, 1975 "(b) Every State plan shall provide for the establishment or maintenance of programs (including related training) for the provision of some or all of the following services designed to assist older persons in leading independent lives and avoiding unnecessary institutionalization: "(1) Transportation services. "(2) Home services, including homemaker services, home health services, shopping services, escort services, reader services, letter writing services, and other services designed to assist such persons to continue living independently in a home environment. "(3) Legal and other counseling services and assistance programs, including tax counseling and assistance and financial counseling, for older persons. "(4) Residential repair and renovation programs designed to enable older persons to maintain their homes in conformity with minimum housing standards or to adapt homes to meet the needs of elderly persons suffering from physical disabilities.". (c) Section 304 (c) (2) of the Act (42 U.S.C. 3024 (c) (2)) is amended by inserting immediately after "priorities," the following: "and consistent with the provisions of the State plan relating to the services 42 USC 3025. required to be provided under section 305 (a) (10),”. Application for additional funds. 42 USC 3045. 42 USC 3025. ADMINISTRATION OF STATE PLANS SEC. 107. (a) Section 306 (b) (1) of the Act (42 U.S.C. 3026 (b) (1)) is amended by striking out "$160,000" in clause (A) and inserting in lieu thereof "$200,000", and by striking out "$50,000" in clause (B) and inserting in lieu thereof "$62,500". (b) Section 306(b) of the Act (42 U.S.C. 3026 (b)) is amended by redesignating paragraph (2) as paragraph (4), and by inserting immediately after paragraph (1) the following new paragraphs: "(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) such State will be unable to fully and effectively administer its State plan and to carry out programs and projects authorized by this title and by title VII unless such additional amounts are made available by the Commissioner; "(ii) such 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 in the 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. 89 STAT, 716 November 28, 1975 - 5 Pub. Law 94-135 "(D) Amounts which any State may receive in any fiscal year under this paragraph may not exceed three-fourths of 1 per centum of the sum of the amounts allotted to such State to carry out the State plan under section 303 (b) and section 703 (a) for such fiscal year. "(E) No application by a State under subparagraph (A) shall be 42 USC 3023, approved unless it contains assurances that no amounts received by 3045b. such State under this paragraph will be used to hire any person to fill a job opening created by the action of such 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.". MODEL PROJECT REQUIREMENTS SEC. 108. Section 308 (a) of the Act (42 U.S.C. 3028(a)) is amended by striking out "or" at the end of paragraph (3), by striking out the period at the end of paragraph (4) and inserting in lieu thereof a semicolon and "or", and by inserting immediately after paragraph (4) the following new paragraphs: "(5) enable State agencies on aging and other public and private nonprofit organizations to assist in the promotion and development of ombudsman services for residents of nursing homes; "(6) meet the special needs of, and improve the delivery of services to, older persons who are not receiving adequate services under other provisions of this Act, with emphasis on the needs of low-income, minority, Indian, and limited-English speaking individuals, and the rural elderly; or "(7) assist older persons to remain within their communities and out of institutions and to maintain their independent living by (A) providing financial assistance for the establishment and operation of senior ambulatory care day centers (providing a planned schedule of health, therapeutic, educational, nutritional, recreational, and social services at least twenty-four hours per week, transportation arrangements at low or no cost for participants to and from the center, a hot mid-day meal, outreach and public information programs, and opportunities for maximum participation of senior participants and senior volunteers in the planning and operation of such center), and (B) maintaining or initiating arrangements (or providing reasonable assurances that such arrangements will be maintained or initiated) with the agency of the State concerned which administers or supervises the administration of a State plan approved under title XIX of the Social Security Act, and with other appropriate social services 42 USC 1396. agencies receiving, or reimbursed through, Federal financial assistance, for the payment of all or a part of such center's costs in providing services to eligible persons.”. ATTRACTING QUALIFIED PERSONS TO THE FIELD OF AGING SEC. 109. Section 403 of the Act (42 U.S.C. 3033) is amended by inserting immediately after "education" the following: "as defined in section 1201(a) of the Higher Education Act of 1965". 89 STAT. 717 20 USC 1141. |