11 OLDER AMERICANS ACT OF 1965 Sec. 206 (e) For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary. (42 U.S.C. 3016) As added May 3, 1973, P.L. 93-29, sec. 201(c), 87 Stat. 34; amended October 18, 1978, P.L. 95-478, sec. 102(f), 92 Stat. 1515; redesignated and amended December 29, 1981, P.L. 97-115, secs. 2(e), 2(g), 95 Stat. 1596; amended October 9, 1984, P.L. 98-459, sec. 205, 98 Stat. 1770; amended November 29, 1987, P.L. 100-175, secs. 109 and 110, 100 Stat. 932. EVALUATION SEC. 206. (a) The Secretary shall measure and evaluate the impact of all programs authorized by this Act, their effectiveness in achieving stated goals in general, and in relation to their cost, their impact on related programs, and their structure and mechanisms for delivery of services, including, where appropriate, comparisons with appropriate control groups composed of persons who have not participated in such programs. Evaluations shall be conducted by persons not immediately involved in the administration of the program or project evaluated. (b) The Secretary may not make grants or contracts under title IV of this Act until the Secretary develops and publishes general standards to be used by the Secretary in evaluating the programs and projects assisted under such title. Results of evaluations conducted pursuant to such standards shall be included in the reports required by section 207. (c) In carrying out evaluations under this section, the Secretary shall, whenever possible, arrange to obtain the opinions of program and project participants about the strengths and weaknesses of the programs and projects, and conduct, where appropriate, evaluations which compare the effectiveness of related programs in achieving common objectives. In carrying out such evaluations, the Secretary shall consult with organizations concerned with older individuals, including those representing minority individuals and older individuals with disabilities. (d) The Secretary shall annually publish summaries and analyses of the results of evaluative research and evaluation of program and project impact and effectiveness, including, as appropriate, health and nutrition education demonstration projects conducted under section 307(f) the full contents of which shall be transmitted to Congress, be disseminated to Federal, State, and local agencies and private organizations with an interest in aging, and be accessible to the public. (e) The Secretary shall take the necessary action to assure that all studies, evaluations, proposals, and data produced or developed with Federal funds shall become the property of the United States. (f) Such information as the Secretary may deem necessary for purposes of the evaluations conducted under this section shall be made available to him, upon request, by the departments and agencies of the executive branch. (g) The Secretary is authorized to use such sums as may be required but not to exceed one-tenth of 1 percent of the funds appropriated under this Act for each fiscal year or $300,000 whichever is lower, to conduct program and project evaluations (directly, or by grants or contracts) as required by this title. In the case of allotments from such an appropriation, the amount available for such Sec. 206 OLDER AMERICANS ACT OF 1965 12 allotments (and the amount deemed appropriated therefor) shall be reduced accordingly. (42 U.S.C. 3017) As added May 3, 1973, P.L. 93-29, sec. 201(c), 87 Stat. 35; amended October 18, 1978, P.L. 95-478, sec. 102(g), 92 Stat. 1515; redesignated and amended December 29, 1981, P.L. 97-115, secs. 2(e), 2(h), 95 Stat. 1596; amended October 9, 1984, P.L. 98-458, sec. 206, 98 Stat. 1770; amended November 29, 1987, P.L. 100-175, sec. 106(c), 101 Stat. 930. REPORTS SEC. 207. (a) Not later than one hundred and twenty days after the close of each fiscal year, the Commissioner shall prepare and submit to the President and to the Congress a full and complete report on the activities carried out under this Act. Such annual reports shall include— (1) statistical data reflecting services and activities provided to individuals during the preceding fiscal year; (2) statistical data collected under section 202(a)(19); (3) an analysis of the information received under section 306(b)(2)(D) by the Commissioner; and (4) statistical data and an analysis of information regarding the effectiveness of the State agency and area agencies on aging in targeting services to older individuals with the greatest economic or social needs, with particular attention to lowincome minority individuals, low-income individuals, and frail individuals (including individuals with any physical or mental functional impairment). (b)(1) Not later than January 15 of each year, the Commissioner shall compile a report (A) summarizing and analyzing the data collected under section 307(a)(12)(C) for the then most recently concluded fiscal year; (B) identifying significant problems and issues revealed by such data (with special emphasis on problems relating to quality of care and residents' rights); (C) discussing current issues concerning the long-term care ombudsman programs of the States; and (D) making recommendations regarding legislation and administrative actions to resolve such problems. (2) The Commissioner shall submit the report required by paragraph (1) to (A) the Select Committee on Aging of the House of Representatives; (B) the Special Committee on Aging of the Senate; (C) the Committee on Education and Labor of the House of Representatives; and (D) the Committee on Labor and Human Resources of the Senate. (3) The Commissioner shall provide the report required by paragraph (1), and make the State reports required by section 307(a)(12)(H)(i) available, to (A) the Administrator of the Health Care Finance Administration; (B) the Office of the Inspector General of the Department of Health and Human Services. 13 OLDER AMERICANS ACT OF 1965 Sec. 209 (C) the Office of Civil Rights of the Department of Health and Human Services; (D) the Administrator of the Veterans' Administration; and (E) the public agencies and private organizations designated under section 307(a)(12)(A). (c) The Commissioner shall, as part of the annual report submitted under subsection (a), prepare and submit a report on the evaluations required to be submitted under section 307(a)(31)(D), together with such recommendations as the Commissioner deems appropriate. In carrying out this subsection, the Commissioner shall consider (1) the number of older individuals reached through outreach activities supported under section 306(a)(6)(P); (2) the dollar amount of the assistance and benefits received by older individuals as a result of such activities; (3) the cost of such activities in terms of the number of individuals reached and the dollar amount described in paragraph (2); and (4) the effect of such activities on supportive services and nutrition services furnished under title III of this Act. (42 U.S.C. 3018) As added May 3, 1973, P.L. 93-29, sec. 201(c), 87 Stat. 35; redesignated December 29, 1981, P.L. 97-115, sec. 2(e), 95 Stat. 1596; amended October 9, 1984, P.L. 98-459, sec. 207, 98 Stat. 1770; amended November 29, 1987, P.L. 100-175, secs. 103 and 155(f), 101 Stat. 928, 954. JOINT FUNDING OF PROJECTS SEC. 208. Pursuant to regulations prescribed by the President and to the extent consistent with the other provisions of this Act, where funds are provided for a single project by more than one Federal agency to any agency or organization assisted under this Act, the Federal agency principally involved may be designated to act for all in administering the funds provided. In such cases, a single non-Federal share requirement may be established according to the proportion of funds advanced by each Federal agency, and any such agency may waive any technical grant or contract requirement (as defined by such regulations) which is inconsistent with the similar requirements of the administering agency or which the administering agency does not impose. (42 U.S.C. 3019) As added May 3, 1973, P.L. 93-29, sec. 201(c), 87 Stat. 35; redesignated December 29, 1981, P.L. 97-115, sec. 2(e), 95 Stat. 1596. ADVANCE FUNDING SEC. 209. (a) For the purpose of affording adequate notice of funding available under this Act, appropriations under this Act are authorized to be included in the appropriation Act for the fiscal year preceding the fiscal year for which they are available for obligation. (b) In order to effect a transition to the advance funding method of timing appropriation action, subsection (a) shall apply notwithstanding that its initial application will result in the enactment in the same year (whether in the same appropriation Act or otherwise) of two separate appropriations, one for the then current fiscal year and one for the succeeding fiscal year. Sec. 209 OLDER AMERICANS ACT OF 1965 14 (42 U.S.C. 3020) As added May 3, 1973, P.L. 93-29, sec. 201(c), 87 Stat. 36; redesignated and amended December 29, 1981, P.L. 97-115, secs. 2(e), 2(i), 95 Stat. 1596. APPLICATION OF OTHER LAWS SEC. 210. (a) 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. (b) No part of the costs of any project under any title of this Act may be treated as income or benefits to any eligible individual (other than any wage or salary to such individual) for the purpose of any other program or provision of Federal or State law. (42 U.S.C. 3020a) As added November 28, 1975, P.L. 94-135, sec. 102, 89 Stat. 713; amended October 18, 1978, P.L. 95-478, sec. 102(h), 92 Stat. 1515; redesignated and amended December 29, 1981, P.L. 97-115, secs. 2(e), 2(j), 95 Stat. 1596. REDUCTION OF PAPERWORK SEC. 211. In order to reduce unnecessary, duplicative, or disruptive demands for information, the Commissioner, in consultation with State agencies designated under section 305(a)(1) and other appropriate agencies and organizations, shall continually review and evaluate all requests by the Administration on Aging for information under this Act and take such action as may be necessary to reduce the paperwork required under this Act. The Commissioner shall request only such information as the Commissioner deems essential to carry out the purposes and provisions of this Act and, in gathering such information, shall make use of uniform service definitions to the extent that such definitions are available. (42 U.S.C. 3020b) As added October 18, 1978, P.L. 95-478, sec. 102(i), 92 Stat. 1516; redesignated December 29, 1981, P.L. 97-115, sec. 2(e), 95 Stat. 1596; amended October 9, 1984, P.L. 98-459, sec. 208, 98 Stat. 1771. CONTRACTING AND GRANT AUTHORITY SEC. 212. None of the provisions of this Act shall be construed to prevent a recipient of a grant or a contract from entering into an agreement, subject to the approval of the State agency (or in the case of a grantee under title VI, subject to the recommendation of the Associate Commissioner on American Indian, Alaskan Native, and Native Hawaiian Aging and the approval of the Commissioner), with a profitmaking organization to carry out the provisions of this Act and of the appropriate State plan. (42 U.S.C. 3020c) As added October 18, 1978, P.L. 95-478, sec. 102(i), 92 Stat. 1516; redesignated December 29, 1981, P.L. 97-115, sec. 2(e), 95 Stat. 1596; amended November 29, 1987, P.L. 100-175, sec. 107(c), 101 Stat. 931. SURPLUS PROPERTY ELIGIBILITY SEC. 213. Any State or local government agency, and any nonprofit organization or institution, which receives funds appropriated for programs for older individuals under this Act, under title ÏV or title XX of the Social Security Act, or under titles VIII and X of the Economic Opportunity Act of 1964 and the Community Services Block Grant Act, shall be deemed eligible to receive for such programs, property which is declared surplus to the needs of the 15 OLDER AMERICANS ACT OF 1965 Sec. 301 Federal Government in accordance with laws applicable to surplus property. (42 U.S.C. 3020d) As added October 18, 1978, P.L. 95-478, sec. 102(i), 92 Stat. 1516; redesignated and amended December 29, 1981, P.L. 97-115, secs. 2(e), 2(k), 95 Stat. 1596. TITLE III-GRANTS FOR STATE AND COMMUNITY PART A-GENERAL PROVISIONS PURPOSE; ADMINISTRATION SEC. 301. (a) It is the purpose of this title to encourage and assist State and area agencies to concentrate resources in order to develop greater capacity and foster the development and implementation of comprehensive and coordinated service systems to serve older individuals by entering into new cooperative arrangements in each State with State and area agencies, with Indian tribes, tribal organizations, and Native Hawaiian organizations, and with the providers, including voluntary organizations, of supportive services, including nutrition services and multipurpose senior centers, for the planning, and for the provision of, supportive services, nutrition services, and multipurpose senior centers, in order to (1) secure and maintain maximum independence and dignity in a home environment for older individuals capable of self care with appropriate supportive services; (2) remove individual and social barriers to economic and personal independence for older individuals; and (3) provide a continuum of care for the vulnerable elderly. (b)(1) In order to effectively carry out the purpose of this title, the Commissioner shall administer programs under this title through the Administration on Aging. (2) In carrying out the provisions of this title, the Commissioner may request the technical assistance and cooperation of the Department of Education, the Department of Labor, the Department of Housing and Urban Development, the Department of Transportation, the Office of Community Services, the Veterans' Administration, the Alcohol, Drug Abuse, and Mental Health Administration, and such other agencies and departments of the Federal Government as may be appropriate. (c) The Commissioner shall provide technical assistance and training (by contract, grant, or otherwise) to State long-term care ombudsman programs established under section 307(a)(12), and to individuals designated under such section to be representatives of a long-term care ombudsman, in order to enable such ombudsmen 1 Title III was completely revised by the Comprehensive Older Americans Act Amendments of 1978 (P.L. 95-478; 92 Stat. 1516). Although the revised title III is similar to the former title in certain respects major changes were made by the Comprehensive Older Americans Act Amendments of 1978. These changes included (1) consolidation into the revised title III of programs contained in former title III (relating to social services), former title V (relating to multipurpose senior centers), and former title VII (relating to nutrition services); and (2) the establishment of separate authorization for congregate nutrition services and home delivered nutrition services. Prior to the amendments made by the Comprehensive Older Americans Act Amendments of 1978, former title III had been extensively revised by the Older Americans Comprehensive Services Amendments of 1973 (P.L. 93-29; 87 Stat. 30). |