training, research, and discretionary projects and programs

training, research, and discretionary projects and programs Sec. 104. (a)(1) Section 401 is amended to read as follows: “statement of purpose “Sec. 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 training 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 Financing 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: “appraising personnel needs in the field of aging “Sec. 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 m accordance with the national manpower policy developed under section 401. “(b) The assessment required by this section shall be submitted biennially to the Congress. Each such report shall indicate the impact of the assessment on the national manpower policy and plans for the future.”. (3)(A) Section 403 is amended by striking out “The” and inserting in lieu thereof the following: “In accordance with the requirements set forth in the national manpower policy, the”. 92 STAT. 1538 (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”. (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,”. (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: “(b) In accordance with the purposes of this part, the Commissioner 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— “(1) conducting a study related to the problems experienced by State and area agencies on aging and other service providers in operating 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 to such individuals; “(B) eliminate unnecessary duplication among such programs; “(C) eliminate disparities in eligibility requirements among Federal transportation programs for older individuals; and 92 STAT. 1539 “(D) study the possibility of transferring to a single administrative unit the responsibility for the administration of all Federal transportation programs for older individuals; and “(3) conducting a study related to the differences in unit costs, service delivery, and access between rural areas and urban areas for services assisted under this Act and the special needs of the elderly residing in rural areas. “(c) Upon completion of the studies described in subsection (b), but not later than 2 years after the date of the enactment of the Comprehensive Older Americans Act Amendments of 1978, the Commissioner shall submit to the Congress and make available through the National Information and Resource Clearing House for the Aging the results of the studies, together with such recommendations as he deems necessary.”. (3) Section 412 is hereby repealed. (c)(1) Title IV is amended— (A) by redesignating part C and part E as part D and part F, respectively; (B) by redesignating sections 421, 431, and 432 of sections 441, 451, and 452, respectively; and (C) by inserting after part B the following new parts: “Part C—Discretionary Projects and Programs “demonstration projects “Sec. 421. (a) The Commissioner may, after consultation with the State agency in the State involved, make grants to any public agency or nonprofit private organization or enter into contracts with any agency or organization within such State for paying part or all of the cost of developing or operating nationwide, statewide, regional, metropolitan area, county, city, or community model projects which will demonstrate methods to improve or expand social services or nutrition services or otherwise promote the well-being of older individuals. The Commissioner shall give special consideration to the funding of rural area agencies on aging to conduct model projects devoted to the special needs of the rural elderly. Such projects shall include alternative health care delivery systems, advocacy and outreach programs, and transportation services. “(b) In making grants and contracts under this section, the Commissioner shall give special consideration to projects designed to— “(1) assist in meeting the special housing needs of older individuals by— “(A) providing financial assistance to such individuals, who own their own homes, necessary to enable them to make the repairs or renovations to their homes, which are necessary for them to meet minimum standards; “(B) studying and demonstrating methods of adapting existing housing, or construction of new housing, to meet the needs of older individuals suffering from physical disabilities; and “(C) demonstrating alternative methods of relieving older individuals of the burden of real property taxes on their homes; “(2) provide continuing education to older individuals designed 92 STAT. 1540to enable them to lead more productive lives by broadening the educational, cultural, or social awareness of such older individuals, emphasizing, where possible, free tuition arrangements with colleges and universities; “(3) provide preretirement education information, and relevant services (including the training of personnel to carry out such programs and the conducting of research with respect to the development and operation of such programs) to individuals planning retirement; “(4) provide services to assist in meeting the particular needs of physically and mentally impaired older individuals, including special transportation and escort services, homemaker, home health and shopping services, reader services, letter writing services, and other services designed to assist such individuals in leading more independent lives; “(5) meet the special needs of, and improve the delivery of services to, older individuals 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; “(6) assist older individuals to remain within their communities and out of institutions and to maintain their independent living, in their own residences or in a family living arrangement, by— “(A) providing financial assistance for the establishment and operation of senior ambulatory care day centers (providing a planned schedule of health, therapeutic, education, nutrition, recreational, rehabilitation, and social services at least 24 hours per week, transportation arrangements at low or no cost for participants to and from the center, a 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 the center); and “(B) maintaining or initiating arrangements (or providing reasonable assurances that such arrangements will be maintained or initiated) with any agency of the State involved which administers or supervises the administration of a State plan approved under titles XIX and XX of the Social Security Act, and with other appropriate social services agencies receiving, or reimbursed through, Federal financial assistance, for the payment of all or a part of the center’s costs in providing services to eligible individuals; “(7) meet the special needs of older individuals residing in rural areas; or “(8) develop or improve methods of coordinating all available social services for the homebound elderly, blind, and disabled by establishing demonstration projects in 10 States, in accordance with subsection (c). “(c)(1) The Commissioner shall consult with the Commissioner of the Rehabilitation Services Administration, the Commissioner of the Social Security Administration, and the Surgeon General of the Public Health Service, to develop procedures for— “(A) identifying elderly, blind, and disabled individuals who need social services; 92 STAT. 1541 “(B) compiling a list in each community of all services available to the elderly, blind, and disabled; and “(C) establishing an information and referral service within the appropriate community agency to— “(i) inform those in need of the availability of such services; and “(ii) coordinate the delivery of such services to the elderly, blind, and disabled. The Commissioner shall establish procedures for administering demonstration projects under subsection (b)(8) no later than 6 months after the effective date of this subsection. The Commissioner shall report to the Congress with respect to the results and findings of the demonstration projects at the end of fiscal year 1979. In such report, the Commissioner shall make such recommendation, based upon the findings, as may be appropriate to improve the delivery of social services to such elderly, blind, and disabled individuals. “(2)(A) There are authorized to be appropriated for fiscal years 1979, 1980, and 1981, such sums as may be necessary for the purpose of authorization, implementing the demonstration projects under subsection (b)(8). “(B) For the purpose of carrying out this subsection, there are authorized to be appropriated such sums as may be necessary for fiscal year 1979. “special projects in comprehensive long-term care “Sec. 422. (a)(1) The Commissioner may make grants to selected State agencies designated under section 305(a)(1), and, in consultation with State agencies, selected area agencies on aging designated under section 305(a)(2)(A), institutions of higher education, and other public agencies and private nonprofit organizations, associations, and groups to support the, development of comprehensive, coordinated systems of community long-term care for older individuals, with special emphasis upon— “(A) services designed to support, alternatives to institutional living; and “(B) the assessment of need, the development of a plan of care, and the referral of individuals, in the delivery of long-term care services, including non-institutional and institutional services, where appropriate. “(2) A grant under this section may be made to pay part or all of the estimated cost of a program (including start-up cost) for a period of not more than 3 years, except that no funds may be used to pay for direct services which are, eligible for reimbursement under title XVIII, title XIX, or title XX of the Social Security Act. “(3) A grant made under this section shall be used for the development of programs which provide a full continuum of services. Such services may include— “(A) adult day health; “(B) monitoring and evaluation of service effectiveness; “(C) supported living in public and private nonprofit housing; “(D) family respite services; “(E) preventive health services; “(F) home health, homemaker, and other rehabilitative and maintenance in-home services; “(G) geriatric health maintenance organizations; and 92 STAT. 1542 “(H) other services which the Commissioner determines are appropriate, which were previously unavailable to the individuals to be served and which, at a minimum, provide for identification and assessment of the long-term care needs of older individuals, referral of such individuals to the appropriate services, and follow-up and evaluation of the continued appropriateness of such services with provision for re-referral as appropriate. “(4) A grant under this section may be used to encourage the development of manpower training programs designed to further the purposes described in paragraph (3). “(b)(1) In making grants to States under this section preference shall be given to applicants which demonstrate that— “(A) adequate State standards have been developed to ensure the quality of services provided; “(B) the State has made a commitment to carry out the program assisted under this section with the State agency responsible for the administration of title XIX of the Social Security Act or title XX of the Social Security Act, or both such agencies; “(C) the State will develop plans to finance the comprehensive program assisted under this section; and “(D) the State agency has a plan for statewide or designated regions of the State containing provisions designed to maximize access to older individuals for long-term care services. “(2) In awarding grants to agencies and organizations under this section, preference shall be given to applicants that— “(A) possess the capability to establish community-based longterm care programs; and “(B) demonstrate that a need exists for the establishment of such programs in the area to be served. “(3) Agencies and organizations assisted under this section shall establish procedures for evaluating the program assisted under this section, with respect to the benefits accruing to persons receiving assistance, the feasibility of the administrative model used for comprehensive coordination of services including coordination with other local programs, and the comparative costs and quality of services provided, and shall submit such evaluation to the Commissioner on a periodic basis. “(c) The Secretary shall involve appropriate Federal departments and agencies in carrying out the provisions of this section in order to assure coordination at the Federal level and to avoid duplication and shall report to the Congress annually on the impact of grants made, on the experiences of grantees in meeting the requirements of this section, and on the comparative benefits and costs of projects assisted under this section. “(d) Sums appropriated to carry out this section shall, to the extent feasible, be used to support programs equitably distributed throughout the Nation between urban and rural areas. “special demonstration projects on legal services for older americans “Sec. 423. (a) The Commissioner may make grants to and enter into contracts with public and private nonprofit agencies or organizations in order to— “(1) support legal research, technical assistance, training, information dissemination, and other support activities to agen-92 STAT. 1543cies, organizations, institutions, and private law firms that are providing, developing, or supporting pro bono or reduced-fee legal services to older individuals; and “(2) support demonstration projects to expand or improve the delivery of legal services to older individuals with social or economic need. “(b) Any grants or contracts entered into under subsection (a)(2) shall contain assurances that the requirements of section 307(a)(15) are met. “(c) From the sums appropriated under section 451 for each fiscal year, not less than $5,000,000 shall be reserved to carry out the provisions of this section. “national impact demonstrations “Sec. 424. (a) The Commissioner may carry out directly or through grants or contracts— “(1) innovation and development projects and activities of national significance which show promise of having substantial impact on the expansion or improvement of social services, nutrition services, or multipurpose senior centers or otherwise promoting the well-being of older individuals; and “(2) dissemination of information activities related to such programs. “(b) An amount not to exceed 15 percent of any sums appropriated under section 451 may be used for carrying out this section. “utility and home heating cost demonstration projects “Sec. 425. The Secretary may, after consultation with the appropriate State agency designated under section 305(a)(1), make grants to pay for part or all of the costs of developing model projects which show promise of relieving older individuals of the excessive burdens of high utility service and home heating costs. Any such project shall give special consideration to projects under which a business concern engaged in providing home heating oil to the public, or a public utility, provides home heating oil or utility services to low-income older individuals at a cost which is substantially lower than providing home heating oil or utility services to other individuals. “Part D—Mortgage Insurance and Interest Grants for Multipurpose Senior Centers “mortgage insurance authorized “Sec. 431. (a) It is the purpose of this part to assist and encourage the provision of urgently needed facilities for programs for the elderly. “(b) For the purpose of this part the terms ‘mortgage’, ‘mortgagor’, ‘mortgagee’, ‘maturity date’, and ‘State’ shall have the meanings respectively set forth in section 207 of the National Housing Act. “(c) The Secretary of Health. Education, and Welfare is authorized to insure any mortgage (including advances on such mortgage during acquisition, alteration, renovation, or construction) in accordance with the provisions of this section upon such terms and conditions as he may prescribe and make commitments for insurance of such mortgage prior to the date of its execution or disbursement thereon. “(d) In order to carry out the purpose of this section, the Secretary 92 STAT. 1544is authorized to insure any mortgage which covers a new multipurpose senior center, including equipment to be used in its operation, subject to the following conditions: “(1) The mortgage shall be executed by a mortgagor, approved by the Secretary, who demonstrates ability successfully to operate one or more programs for the elderly. The Secretary may in his discretion require any such mortgagor to be regulated or restricted as to minimum charges and methods of financing, and in addition thereto, if the mortgagor is a corporate entity, as to capital structure and rate of return. As an aid to the regulation or restriction of any mortgagor with respect to any of the foregoing matters, the Secretary may make such contracts with and acquire for not to exceed $100 such stock interest in such mortgagor as he may deem necessary. Any stock or interest so purchased shall be paid for out of the Multipurpose Senior Center Insurance Fund, and shall be redeemed by the mortgagor at par upon the termination of all obligations of the Secretary under the insurance. “(2) The mortgage shall involve a principal obligation in an amount not to exceed $250,000 and not to exceed 90 percent of the estimated replacement cost of the property or project, including equipment to be used in the operation of the multipurpose senior center, when the proposed improvements are completed and the equipment is installed. “(3) The mortgage shall— “(A) provide for complete amortization by periodic payments within such term as the Secretary shall prescribe, and “(B) bear interest (exclusive of premium charges for insurance and service charges, if any) at not to exceed such per centum per annum on the principal obligation outstanding at any time as the Secretary finds necessary to meet the mortgage market. “(4) The Secretary shall not insure any mortgage under this section unless he has determined that the center to be covered by the mortgage will be in compliance with minimum standards to be prescribed by the Secretary. “(5) In the plans for such multipurpose senior center, due consideration shall be given to excellence of architecture and design, and to the inclusion of works of art (not representing more than 1 percent of the cost of the project). “(e) The Secretary shall fix and collect premium charges for the insurance of mortgages under this section which shall be payable annually in advance by the mortgagee, either in cash or in debentures of the Multipurpose Senior Center Insurance Fund issued at par plus accrued interest. In the case of any mortgage such charge shall not be less than an amount equivalent to one-fourth of 1 percent per annum nor more than an amount equivalent to 1 percent per annum of the amount of the principal obligation of the mortgage outstanding at any one time, without taking into account delinquent payments or prepayments. In addition to the premium charge provided for in this subsection, the Secretary is authorized to charge and collect such amounts as he may deem reasonable for the appraisal of a property or project during acquisition, alteration, or renovation; but such charges for appraisal and inspection shall not aggregate more than 1 percent of the original principal face amount of the mortgage. “(f) The Secretary may consent to the release of a part or parts of the mortgaged property or project from the lien or any mortgage 92 STAT. 1545insured under this section upon such terms and conditions as he may prescribe. “(g)(1) The Secretary shall have the same functions, powers, and duties (insofar as applicable) with respect to the insurance of mortgages under this section as the Secretary of Housing and Urban Development has with respect to the insurance of mortgages under title II of the National Housing Act. “(2) The provisions of subsections (e), (g), (h), (i), (j), (k), (1), and (n) of section 207 of the National Housing Act shall apply to mortgages insured under this section; except that, for the purposes of their application with respect to such mortgages, all references in such provisions to the General Insurance Fund shall be deemed to refer to the Multipurpose Senior Center Insurance Fund, and all references in such provisions to ‘Secretary’ shall be deemed to refer to the Secretary of Health, Education, and Welfare. “(h)(1) There is hereby created a Multipurpose Senior Center Insurance Fund which shall be used by the Secretary as a revolving fund for carrying out all the insurance provisions of this section. All mortgages insured under this section shall be insured under and be the obligation of the Multipurpose Senior Center Insurance Fund. “(2) The general expenses of the operations of the Department of Health, Education, and Welfare relating to mortgages insured under this section may be charged to the Multipurpose Senior Center Insurance Fund. “(3) Moneys in the Multipurpose Senior Center Insurance Fund not needed for the current operations of the Department of Health, Education, and Welfare with respect to mortgages insured under this section shall be deposited with the Treasurer of the United States to the credit of such fund, or invested in bonds or other obligations of, or in bonds or other obligations guaranteed as to principal and interest by, the United States. The Secretary may, with the approval of the Secretary of the Treasury, purchase in the open market debentures issued as obligations of the Multipurpose Senior Center Insurance Fund. Such purchases shall be made at a price which will provide an investment yield of not less than the yield obtainable from other investments authorized by this section. Debentures so purchased shall be canceled and not reissued. “(4) Premium charges, adjusted premium charges, and appraisal and other fees received on account of the insurance of any mortgage under this section, the receipts derived from property covered by such mortgages and from any claims, debts, contracts, property, and security assigned to the Secretary in connection therewith, and all earnings as the assets of the fund, shall be credited to the Multipurpose Senior Center Insurance Fund. The principal of, and interest paid and to be paid on, debentures which are the obligation of such fund, cash insurance payments and adjustments, and expenses incurred in the handling, management, renovation, and disposal of properties acquired or constructed in connection with mortgages insured under this section, shall be charged to such fund. “(5) There are authorized to be appropriated to provide initial capital for the Multipurpose Senior Center Insurance Fund, and to assure the soundness of such fund thereafter, such sums as may be necessary. “annual interest grants “Sec. 432. (a) To assist nonprofit private agencies to reduce, the cost of borrowing from other sources for the acquisition, alteration, 92 STAT. 1546renovation, or construction of facilities for multipurpose senior centers, the Secretary may make annual interest grants to such agencies. “(b) Annual interest grants under this section with respect to any facility shall be made over a fixed period not exceeding forty years, and provision for such grants shall be embodied in a contract guaranteeing their payment over such period. Each such grant shall be in an amount not greater than the difference between (1) the average annual debt service which would be required to be paid, during the life of the loan, on the amount borrowed from other sources for the acquisition, alteration, renovation, or construction of such facilities, and (2) the average annual debt service which the institution would have been required to pay, during the life of the loan, with respect to such amounts if the applicable interest rate were 3 percent per annum, except that the amount on which such grant is based shall be approved by the Secretary. “(c)(1) There are hereby authorized to be appropriated to the Secretary such sums as may be necessary for payment of annual interest grants in accordance with this section. “(2) Contracts for annual interest grants under this section shall not be entered into in an aggregate amount greater than is authorized in appropriation Acts. “(d) Not more than 12½ per centum of the funds provided for in this section for grants may be used within any one State.”. (2) The heading of title IV is amended to read as follows: “TITLE IV—TRAINING, RESEARCH, AND DISCRETIONARY PROJECTS AND PROGRAMS”. (d)(1) The first sentence of section 441, as so redesignated in subsection (c)(1), is amended by inserting before the period a comma and the following: “and gerontology centers of special emphasis (including health, income maintenance, housing, service delivery and utilization, preretirement and retirement, and long-term care and alternatives)”. (2) Section 441(1)(A), as so redesignated in subsection (c)(1), is amended by inserting before the comma the following: “in accordance with the national manpower policy as described in section 401”. (3) Section 441, as so redesignated in subsection (c)(1), is amended by striking out “and” at the end of clause (2), by striking out the period at the end of clause (3) and inserting in lieu thereof a semicolon and “and”, and by adding at the end thereof the following new clause: “(4) provides for making biennial reports to the Commissioner summarizing the training, research, and special demonstration efforts of the centers which shall then be made available through the National Information and Resource Clearing House for the Aging, where appropriate.”. (e)(1) Section 451, as so redesignated in subsection (c)(1)(B), is amended to read as follows: “authorization of appropriations “Sec. 451. (a) Except as otherwise specifically provided in this title, there are authorized to be appropriated to carry out the provisions of this title such sums as may be necessary for each fiscal year ending prior to October 1, 1981. “(b) No funds appropriated under this section— 92 STAT. 1547 “(1) may be transferred to any office or other authority of the Department of Health, Education, and Welfare which is not directly responsible to the Commissioner; or “(2) may be used for any research program or activity which is not specifically authorized by this title.”. (2) Section 452, as so redesignated in subsection (c)(1), is amended by redesignating subsection (c) as subsection (d) and inserting after subsection (b) the following new subsection: “(c) The Commissioner may make multicategorical grants or contracts under any or all sections of this title by making grants or contracts for the purpose of supporting extensive research and demonstration of particular areas of need.”.