ADMINISTRATION ON AGING.

SEC. 201. ADMINISTRATION ON AGING. (a) Limitation on Delegation of Functions.— The last sentence of section 201(a) of the Older Americans Act of 1965 (42 U.S.C. 3011(a)) is amended by inserting “(including the functions of the Commissioner carried out through regional offices)” after “Commissioner” the first place it appears. (b) Coordination.— Section 201(c)(3) of the Older Americans Act of 1965 (42 U.S.C. 3011(c)(3)) is amended— (1) in subparagraph (B) by inserting “, with particular attention to services provided to Native Americans by the Indian Health Service” after “affecting older Native Americans”; 106 STAT. 1203 (2) in subparagraph (F) by inserting “, including information (compiled with assistance from public or nonprofit private entities, including institutions of higher education, with experience in assessing the characteristics and health status of older individuals who are Native Americans) on elder abuse, in-home care, health problems, and other problems unique to Native Americans” after “Native Americans”; (3) in subparagraph (G) by striking “and” at the end; (4) in subparagraph (H) by striking the period at the end and inserting a semicolon; and (5) by adding at the end the following: “(I) promote coordination— “(i) between the administration of title III and the administration of title VI; and “(ii) between programs established under title III by the Commissioner and programs established under title VI by the Commissioner; including sharing among grantees information on programs funded, and on training and technical assistance provided, under such titles; and “(J) serve as the effective and visible advocate on behalf of older individuals who are Indians, Alaskan Natives, and Native Hawaiians, in the States to promote the enhanced delivery of services and implementation of programs, under this Act and other Federal Acts, for the benefit of such individuals.”. (c) Office of Long-Term Care Ombudsman Programs.— Section 201 of the Older Americans Act of 1965 (42 U.S.C. 3011) is amended by adding at the end the following: “(d) (1) There is established in the Administration the Office of Long-Term Care Ombudsman Programs (in this subsection referred to as the ‘Office’). “(2) (A) The Office shall be headed by an Associate Commissioner for Ombudsman Programs (in this subsection referred to as the ‘Associate Commissioner’) who shall be appointed by the Commissioner from among individuals who have expertise and background in the fields of long-term care advocacy and management. The Associate Commissioner shall report directly to the Commissioner. “(B) No individual shall be appointed Associate Commissioner if— “(i) the individual has been employed within the previous 2 years by— “(I) a long-term care facility; “(II) a corporation that then owned or operated a long-term care facility; or “(III) an association of long-term care facilities; “(ii) the individual— “(I) has an ownership or investment interest (represented by equity, debt, or other financial relationship) in a long-term care facility or long-term care service; or “(II) receives, or has the right to receive, directly or indirectly remuneration (in cash or in kind) under a compensation arrangement with an owner or operator of a long-term care facility; or “(iii) the individual, or any member of the immediate family of the individual, is subject to a conflict of interest. “(3) The Associate Commissioner shall— 106 STAT. 1204 “(A) serve as an effective and visible advocate on behalf of older individuals who reside in long-term care facilities, within the Department of Health and Human Services and with other departments, agencies, and instrumentalities of the Federal Government regarding all Federal policies affecting such individuals; “(B) review and make recommendations to the Commissioner regarding— “(i) the approval of the provisions in State plans submitted under section 307(a) that relate to State Long-Term Care Ombudsman programs; and “(ii) the adequacy of State budgets and policies relating to the programs; “(C) after consultation with State Long-Term Care Ombudsmen and the State agencies, make recommendations to the Commissioner regarding— “(i) policies designed to assist State Long-Term Care Ombudsmen; and “(ii) methods to periodically monitor and evaluate the operation of State Long-Term Care Ombudsman programs, to ensure that the programs satisfy the requirements of section 307(a)(12) and section 712, including provision of service to residents of board and care facilities and of similar adult care facilities; “(D) keep the Commissioner and the Secretary fully and currently informed about— “(i) problems relating to State Long-Term Care Ombudsman programs; and “(ii) the necessity for, and the progress toward, solving the problems; “(E) review, and make recommendations to the Secretary and the Commissioner regarding, existing and proposed Federal legislation, regulations, and policies regarding the operation of State Long-Term Care Ombudsman programs; “(F) make recommendations to the Commissioner and the Secretary regarding the policies of the Administration, and coordinate the activities of the Administration with the activities of other Federal entities, State and local entities, and nongovernmental entities, relating to State Long-Term Care Ombudsman programs; “(G) supervise the activities carried out under the authority of the Administration that relate to State Long-Term Care Ombudsman programs; “(H) administer the National Ombudsman Resource Center established under section 202(a)(21) and make recommendations to the Commissioner regarding the operation of the National Ombudsman Resource Center; “(I) advocate, monitor, and coordinate Federal and State activities of Long-Term Care Ombudsmen under this Act; “(J) submit to the Speaker of the House of Representatives and the President pro tempore of the Senate an annual report on the effectiveness of services provided under section 307(a)(12) and section 712; “(K) have authority to investigate the operation or violation of any Federal law administered by the Department of Health and Human Services that may adversely affect the health, safety, welfare, or rights of older individuals; and 106 STAT. 1205 “(L) not later than 180 days after the date of the enactment of the Older Americans Act Amendments of 1992, establish standards applicable to the training required by section 712(h)(4).”.