FUNCTIONS OF COMMISSIONER.

SEC. 202. FUNCTIONS OF COMMISSIONER. (a) Technical Amendments.— Section 202(a) of the Older Americans Act of 1965 (42 U.S.C. 3012(a)) is amended— (1) in paragraph (3) by inserting “directly” after “(3)”; (2) in paragraph (11) by striking “provide for the coordination of” and inserting “coordinate”; (3) in paragraph (18)— (A) by inserting “, and service providers,” after “agencies”; and (B) by striking “the greatest economic or social needs” and inserting “greatest economic need or individuals with greatest social need, with particular attention to and specific objectives for providing services to low-income minority individuals”; and (4) in paragraph (19)— (A) in subparagraph (A) by inserting “or activity” after “service” each place it appears; and (B) in subparagraph (C) by striking “and” at the end. (b) Functions.— Section 202(a) of the Older Americans Act of 1965 (42 U.S.C. 3012(a)) is amended— (1) in paragraph (20) by striking the period at the end and inserting a semicolon; and (2) by adding at the end the following: “(21) (A) establish and operate the National Ombudsman Resource Center (in this paragraph referred to as the ‘Center’), under the administration of the Associate Commissioner for Ombudsman Programs, that will— “(i) by grant or contract— “(I) conduct research; “(II) provide training, technical assistance, and information to State Long-Term Care Ombudsmen; “(III) analyze laws, regulations, programs, and practices; and “(IV) provide assistance in recruiting and retaining volunteers for State Long-Term Care Ombudsman programs by establishing a national program for recruitment efforts that utilizes the organizations that have established a successful record in recruiting and retaining volunteers for ombudsman or other programs; relating to Federal, State, and local long-term care ombudsman policies; and “(ii) assist State Long-Term Care Ombudsmen in the implementation of State Long-Term Care Ombudsman programs; and “(B) make available to the Center not less than the amount of resources made available to the Long-Term Care Ombudsman National Resource Center for fiscal year 1990; “(22) issue regulations, and conduct strict monitoring of State compliance with the requirements in effect, under this Act to prohibit conflicts of interest and to maintain the integrity and public purpose of services provided and service providers, under this Act in all contractual and commercial relationships,106 STAT. 1206 and include in such regulations a requirement that as a condition of being designated as an area agency on aging such agency shall— “(A) disclose to the Commissioner and the State agency involved— “(i) the identity of each nongovernmental entity with which such agency has a contract or commercial relationship relating to providing any service to older individuals; and “(ii) the nature of such contract or such relationship; “(B) demonstrate that a loss or diminution in the quantity or quality of the services provided, or to be provided, under this Act by such agency has not resulted and will not result from such contract or such relationship; “(C) demonstrate that the quantity or quality of the services to be provided under this Act by such agency will be enhanced as a result of such contract or such relationship; and “(D) on the request of the Commissioner or the State, for the purpose of monitoring compliance with this Act (including conducting an audit), disclose all sources and expenditures of funds received or expended to provide services to older individuals; “(23) encourage, and provide technical assistance to, States and area agencies on aging to carry out outreach to inform older individuals with greatest economic need who may be eligible to receive, but are not receiving, supplemental security income benefits under title XVI of the Social Security Act (42 U.S.C. 1381 et seq.) (or assistance under a State plan program under such title), medical assistance under title XIX of such Act (42 U.S.C. 1396 et seq.), and benefits under the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.), of the requirements for eligibility to receive such benefits and such assistance; “(24) establish information and assistance services as priority services for older individuals; “(25) develop guidelines for area agencies on aging to follow in choosing and evaluating providers of legal assistance; “(26) develop guidelines and a model job description for choosing and evaluating legal assistance developers referred to in sections 307(a)(18) and 731(b)(2); “(27) (A) conduct a study to determine ways in which Federal funds might be more effectively targeted to low-income minority older individuals, and older individuals residing in rural areas, to better meet the needs of States with a disproportionate number of older individuals with greatest economic need and older individuals with greatest social need; “(B) conduct a study to determine ways in which Federal funds might be more effectively targeted to better meet the needs of States with disproportionate numbers of older individuals, including methods of allotting funds under title III, using the most recent estimates of the population of older individuals; and “(C) not later than January 1, 1994, submit a report containing the findings resulting from the studies described106 STAT. 1207 in subparagraphs (A) and (B) to the Speaker of the House of Representatives and the President pro tempore of the Senate; “(28) provide technical assistance, training, and other means of assistance to State agencies, area agencies on aging, and service providers regarding State and local data collection and analysis; “(29) design and implement, for purposes of compliance with paragraph (19), uniform data collection procedures for use by State agencies, including— “(A) uniform definitions and nomenclature; “(B) standardized data collection procedures; “(C) a participant identification and description system; “(D) procedures for collecting information on gaps in services needed by older individuals, as identified by service providers in assisting clients through the provision of the supportive services; and “(E) procedures for the assessment of unmet needs for services under this Act; and “(30) require that all Federal grants and contracts made under this title and title IV be made in accordance with a competitive bidding process established by the Commissioner by regulation.”. (c) Community-Based Long-Term Care Program.— Section 202(b) of the Older Americans Act of 1965 (42 U.S.C. 3012(b)) is amended— (1) in paragraph (2) by striking “and” at the end; (2) in paragraph (3) by striking the period at the end and inserting “; and”; and (3) by adding at the end the following: “(4) participate in all departmental and interdepartmental activities to provide a leadership role for the Administration, State agencies, and area agencies on aging in the development and implementation of a national community-based long-term care program for older individuals.”. • (d) Volunteer Service Coordinators.— Section 202(c) of the Older Americans Act of 1965 (42 U.S.C. 3012(c)) is amended— (1) by inserting “(1)” after “(c)”; and (2) by adding at the end the following: “(2) (A) In executing the duties and functions of the Administration under this Act and in carrying out the programs and activities provided for by this Act, the Commissioner shall act to encourage and assist the establishment and use of— “(i) area volunteer service coordinators, as described in section 306(a)(12), by area agencies on aging; and “(ii) State volunteer service coordinators, as described in section 307(a)(31), by State agencies. “(B) The Commissioner shall provide technical assistance to the area and State volunteer services coordinators.”. (e) National Center on Elder Abuse.— Section 202 of the Older Americans Act of 1965 (42 U.S.C. 3012) is amended by adding at the end the following: “(d) (1) The Commissioner shall establish and operate the National Center on Elder Abuse (in this subsection referred to as the ‘Center’). (2) In operating the Center, the Commissioner shall— 106 STAT. 1208 “(A) annually compile, publish, and disseminate a summary of recently conducted research on elder abuse, neglect, and exploitation; “(B) develop and maintain an information clearinghouse on all programs (including private programs) showing promise of success, for the prevention, identification, and treatment of elder abuse, neglect, and exploitation; “(C) compile, publish, and disseminate training materials for personnel who are engaged or intend to engage in the prevention, identification, and treatment of elder abuse, neglect, and exploitation; “(D) provide technical assistance to State agencies and to other public and nonprofit private agencies and organizations to assist the agencies and organizations in planning, improving, developing, and carrying out programs and activities relating to the special problems of elder abuse, neglect, and exploitation; and “(E) conduct research and demonstration projects regarding the causes, prevention, identification, and treatment of elder abuse, neglect, and exploitation. “(3) (A) The Commissioner shall carry out paragraph (2) through grants or contracts. “(B) The Commissioner shall issue criteria applicable to the recipients of funds under this subsection. To be eligible to receive a grant or enter into a contract under subparagraph (A), an entity shall submit an application to the Commissioner at such time, in such manner, and containing such information as the Commissioner may require. “(C) The Commissioner shall— “(i) establish research priorities for making grants or contracts to carry out paragraph (2)(E); and “(ii) not later than 60 days before the date on which the Commissioner establishes such priorities, publish in the Federal Register for public comment a statement of such proposed priorities. “(4) The Commissioner shall make available to the Center such resources as are necessary for the Center to carry out effectively the functions of the Center under this Act and not less than the amount of resources made available to the Resource Center on Elder Abuse for fiscal year 1990.”. (f) National Aging Information Center.— Section 202 of the Older Americans Act of 1965 (42 U.S.C. 3012), as amended by subsection (e) of this section, is amended by adding at the end the following: “(e) (1) (A) The Commissioner shall make grants or enter into contracts with eligible entities to establish the National Aging Information Center (in this subsection referred to as the ‘Center’) to— “(i) provide information about education and training projects established under part A, and research and demonstration projects, and other activities, established under part B, of title IV to persons requesting such information; “(ii) annually compile, analyze, publish, and disseminate— “(I) statistical data collected under subsection (a)(19); “(II) census data on aging demographics; and 106 STAT. 1209 “(III) data from other Federal agencies on the health, social, and economic status of older individuals and on the services provided to older individuals; “(iii) biennially compile, analyze, publish, and disseminate statistical data collected on the functions, staffing patterns, and funding sources of State agencies and area agencies on aging; “(iv) analyze the information collected under section 201(c)(3)(F) by the Associate Commissioner on American Indian, Alaskan Native, and Native Hawaiian Aging, and the information provided by the Resource Centers on Native American Elders under section 429E; “(v) provide technical assistance, training, and other means of assistance to State agencies, area agencies on aging, and service providers, regarding State and local data collection and analysis; and “(vi) be a national resource on statistical data regarding aging; “(B) To be eligible to receive a grant or enter into a contract under subparagraph (A), an entity shall submit an application to the Commissioner at such time, in such manner, and containing such information as the Commissioner may require. “(C) Entities eligible to receive a grant or enter into a contract under subparagraph (A) shall be organizations with a demonstrated record of experience in education and information dissemination. “(2) (A) The Commissioner shall establish procedures specifying the length of time that the Center shall provide the information described in paragraph (1) with respect to a particular project or activity. The procedures shall require the Center to maintain the information beyond the term of the grant awarded, or contract entered into, to carry out the project or activity. “(B) The Commissioner shall establish the procedures described in subparagraph (A) after consultation with— “(i) practitioners in the field of aging; “(ii) older individuals; “(iii) representatives of institutions of higher education; “(iv) national aging organizations; “(v) State agencies; “(vi) area agencies on aging; “(vii) legal assistance providers; “(viii) service providers; and “(ix) other persons with an interest in the field of aging.”. (g) Obligation of Funds.— Not later than March 1, 1993, the Commissioner shall obligate, from the funds appropriated under the Older Americans Act of 1965 (42 U.S.C. 3001 et seq.) for fiscal year 1993— (1) to carry out section 202(a)(21) of such Act (as added by subsection (b)(2) of this section), not less than the amount made available from appropriations for fiscal year 1990 under such Act for making grants and entering into contracts to establish and operate the National Long-Term Care Ombudsman Resource Center; and (2) to carry out section 202(d)(4) of such Act (as added by subsection (e) of this section), not less than the amount made available from appropriations for fiscal year 1990 under such Act for making grants and entering into contracts to106 STAT. 1210 establish and operate the National Aging Resource Center on Elder Abuse. (h) Deadline for Development of Procedures.— Not later than 1 year after the date of the enactment of this Act, the data collection procedures required by section 202(a)(29) of the Older Americans Act of 1965 shall be developed by the Commissioner on Aging, jointly with the Assistant Secretary of Planning and Evaluation of the Department of Health and Human Services, after— (1) requesting advisory information under such Act from State agencies, local governments, area agencies on aging, recipients of grants under title VI of such Act, and local providers of services under such Act; and (2) considering the data collection systems carried out by State agencies in the States then identified as exemplary by the General Accounting Office. Not later than 1 year after developing such data collection procedures, the Commissioner on Aging shall test such procedures, submit to the Speaker of the House of Representatives and the President pro tempore of the Senate a report summarizing the results of such test, and implement such procedures (as modified, if appropriate, to reflect such results).