ALLOTMENTS FOR VULNERABLE ELDER RIGHTS PROTECTION ACTIVITIES.

SEC. 701. ALLOTMENTS FOR VULNERABLE ELDER RIGHTS PROTECTION ACTIVITIES. The Older Americans Act of 1965 (42 U.S.C. 3001 et seq.) is amended by adding at the end the following: “TITLE VII— ALLOTMENTS FOR VULNERABLE ELDER RIGHTS PROTECTION ACTIVITIES “Subtitle A— State Provisions “CHAPTER 1— GENERAL STATE PROVISIONS “SEC. 701. ESTABLISHMENT. “The Commissioner, acting through the Administration, shall establish and carry out a program for making allotments to States to pay for the cost of carrying out vulnerable elder rights protection activities. “SEC. 702. AUTHORIZATION OF APPROPRIATIONS. “(a) Ombudsman Program.— There are authorized to be appropriated to carry out chapter 2, $40,000,000 for fiscal year 1992 and such sums as may be necessary for fiscal years 1993, 1994, and 1995. “(b) Prevention of Elder Abuse, Neglect, and Exploitation.— There are authorized to be appropriated to carry out chapter 3, $15,000,000 for fiscal year 1992 and such sums as may be necessary for fiscal years 1993, 1994, and 1995. “(c) State Elder Rights and Legal Assistance Development Program.— There are authorized to be appropriated to carry out chapter 4, $10,000,000 for fiscal year 1992 and such sums as may be necessary for fiscal years 1993, 1994, and 1995. “(d) Outreach, Counseling, and Assistance Program.— There are authorized to be appropriated to carry out chapter 5, $15,000,000 for fiscal year 1992 and such sums as may be necessary for fiscal years 1993, 1994, and 1995. “SEC. 703. ALLOTMENT. “(a) In General.— “(1) Population.— In carrying out the program described in section 701, the Commissioner shall initially allot to each State, from the funds appropriated under section 702 for each fiscal year, an amount that bears the same ratio to the funds as the population of older individuals in the State bears to the population of older individuals in all States. 106 STAT. 1272 “(2) Minimum allotments.— “(A) In general.— After making the initial allotments described in paragraph (1), the Commissioner shall adjust the allotments on a pro rata basis in accordance with subparagraphs (B) and (C). “(B) General minimum allotments.— “(i) Minimum allotment for states.— No State shall be allotted less than one-half of 1 percent of the funds appropriated under section 702 for the fiscal year for which the determination is made. “(ii) Minimum allotment for territories.— Guam, the United States Virgin Islands, and the Trust Territory of the Pacific Islands, shall each be allotted not less than one-fourth of 1 percent of the funds appropriated under section 702 for the fiscal year for which the determination is made. American Samoa and the Commonwealth of the Northern Mariana Islands shall each be allotted not less than one-sixteenth of 1 percent of the sum appropriated under section 702 for the fiscal year for which the determination is made. “(C) Minimum allotments for ombudsman and elder abuse programs.— “(i) Ombudsman program.— No State shall be allotted for a fiscal year, from the funds appropriated under section 702(a), less than the amount allotted to the State under section 304 in fiscal year 1991 to carry out the State Long-Term Care Ombudsman program under title III. “(ii) Elder abuse programs.— No State shall be allotted for a fiscal year, from the funds appropriated under section 702(b), less than the amount allotted to the State under section 304 in fiscal year 1991 to carry out programs with respect to the prevention of elder abuse, neglect, and exploitation under title III. “(D) Definition.— For the purposes of this paragraph, the term ‘State’ does not include Guam, American Samoa, the United States Virgin Islands, the Trust Territory of the Pacific Islands, and the Commonwealth of the Northern Mariana Islands. “(b) Reallotment.— “(1) In general.— If the Commissioner determines that any amount allotted to a State for a fiscal year under this section will not be used by the State for carrying out the purpose for which the allotment was made, the Commissioner shall make the amount available to a State that the Commissioner determines will be able to use the amount for carrying out the purpose. “(2) Availability.— Any amount made available to a State from an appropriation for a fiscal year in accordance with paragraph (1) shall, for purposes of this subtitle, be regarded as part of the allotment of the State (as determined under subsection (a)) for the year, but shall remain available until the end of the succeeding fiscal year. “(c) Withholding.— If the Commissioner finds that any State has failed to carry out this title in accordance with the assurances106 STAT. 1273 made and description provided under section 705, the Commissioner shall withhold the allotment of funds to the State. The Commissioner shall disburse the funds withheld directly to any public or nonprofit private institution or organization, agency, or political subdivision of the State submitting an approved plan containing the assurances and description. “SEC. 704. ORGANIZATION. “In order for a State to be eligible to receive allotments under this subtitle— “(1) the State shall demonstrate eligibility under section 305; “(2) the State agency designated by the State shall demonstrate compliance with the applicable requirements of section 305; and “(3) each area agency on aging designated by the State agency and participating in such a program shall demonstrate compliance with the applicable requirements of section 305. “SEC. 705. ADDITIONAL STATE PLAN REQUIREMENTS. “(a) Eligibility.— In order to be eligible to receive an allotment under this subtitle, a State shall include in the State plan submitted under section 307— “(1) an assurance that the State, in carrying out any chapter of this subtitle for which the State receives funding under this subtitle, will establish programs in accordance with the requirements of the chapter and this chapter; “(2) an assurance that the State will hold public hearings, and use other means, to obtain the views of older individuals, area agencies on aging, recipients of grants under title VI, and other interested persons and entities regarding programs carried out under this subtitle; “(3) an assurance that the State, in consultation with area agencies on aging, will identify and prioritize statewide activities aimed at ensuring that older individuals have access to, and assistance in securing and maintaining, benefits and rights; “(4) an assurance that the State will use funds made available under this subtitle for a chapter in addition to, and will not supplant, any funds that are expended under any Federal or State law in existence on the day before the date of the enactment of this subtitle, to carry out the vulnerable elder rights protection activities described in the chapter; “(5) an assurance that the State will place no restrictions, other than the requirements referred to in clauses (i) through (iv) of section 712(a)(5)(C), on the eligibility of entities for designation as local Ombudsman entities under section 712(a)(5); “(6) an assurance that, with respect to programs for the prevention of elder abuse, neglect, and exploitation under chapter 3— “(A) in carrying out such programs the State agency will conduct a program of services consistent with relevant State law and coordinated with existing State adult protective service activities for— “(i) public education to identify and prevent elder abuse; “(ii) receipt of reports of elder abuse; 106 STAT. 1274 “(iii) active participation of older individuals participating in programs under this Act through outreach, conferences, and referral of such individuals to other social service agencies or sources of assistance if appropriate and if the individuals to be referred consent; and “(iv) referral of complaints to law enforcement or public protective service agencies if appropriate; “(B) the State will not permit involuntary or coerced participation in the program of services described in subparagraph (A) by alleged victims, abusers, or their households; and “(C) all information gathered in the course of receiving reports and making referrals shall remain confidential except— “(i) if all parties to such complaint consent in writing to the release of such information; “(ii) if the release of such information is to a law enforcement agency, public protective service agency, licensing or certification agency, ombudsman program, or protection or advocacy system; or “(iii) upon court order; “(7) an assurance that the State agency— “(A) from funds appropriated under section 702(d) for chapter 5, will make funds available to eligible area agencies on aging to carry out chapter 5 and, in distributing such funds among eligible area agencies, will give priority to area agencies on aging based on— “(i) the number of older individuals with greatest economic need, and older individuals with greatest social need, residing in their respective planning and service areas; and “(ii) the inadequacy in such areas of outreach activities and application assistance of the type specified in chapter 5; “(B) will require, as a condition of eligibility to receive funds to carry out chapter 5, an area agency on aging to submit an application that— “(i) describes the activities for which such funds are sought; “(ii) provides for an evaluation of such activities by the area agency on aging; and “(iii) includes assurances that the area agency on aging will prepare and submit to the State agency a report of the activities conducted with funds provided under this paragraph and the evaluation of such activities; “(C) will distribute to area agencies on aging— “(i) the eligibility information received under section 202(a)(20) from the Administration; and “(ii) information, in written form, explaining the requirements for eligibility to receive medical assistance under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.); and “(D) will submit to the Commissioner a report on the evaluations required to be submitted under subparagraph (B); and 106 STAT. 1275 “(8) a description of the manner in which the State agency will carry out this title in accordance with the assurances described in paragraphs (1) through (7). “(b) Privilege.— Neither a State, nor a State agency, may require any provider of legal assistance under this subtitle to reveal any information that is protected by the attorney-client privilege. “SEC. 706. DEMONSTRATION PROJECTS. “(a) Establishment.— From amounts made available under section 304(d)(1)(C) after September 30, 1992, each State may provide for the establishment of at least one demonstration project, to be conducted by one or more area agencies on aging within the State, for outreach to older individuals with greatest economic need with respect to— “(1) benefits available under title XVI of the Social Security Act (42 U.S.C. 1381 et seq.) (or assistance under a State program established in accordance with such title); “(2) medical assistance available under title XIX of such Act (42 U.S.C. 1396 et seq.); and “(3) benefits available under the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.). “(b) Benefits.— Each outreach project carried out under subsection (a) shall— “(1) provide to older individuals with greatest economic need information and assistance regarding their eligibility to receive the benefits and assistance described in paragraphs (1) through (3) of subsection (a); “(2) be carried out in a planning and service area that has a high proportion of older individuals with greatest economic need, relative to the aggregate number of older individuals in such area; and “(3) be coordinated with State and local entities that administer benefits under such titles.”.