Page:United States Statutes at Large Volume 106 Part 2.djvu/349

From Wikisource
Jump to: navigation, search
This page needs to be proofread.


PUBLIC LAW 102-375—SEPT. 30, 1992 106 STAT. 1229 mines that the State is in compliance with such requirements."; and (3) in paragraph (3)(A)— (A) by inserting and transportation services" after "assistance"; and (B) by adding at the end the following: To conduct the evsuuation, the State agency shall use the procedures implemented under section 202(a)(29).". (b) PROCEDURES. —Section 307(a)(5) of the Older Americans Act of 1965 (42 U.S.C. 3027(a)(5)) is amended by adding at the end the following: The State agency shall establish and publish procedures for requesting and conducting such hearing.". (c) FISCAL CONTROL AND FUND ACCOUNTING. — Section 307(a)(7) of the Older Americans Act of 1965 (42 U.S.C. 3027(a)(7)) is amended— (1) by inserting "(A)" after "(7)"; and (2) by adding at the end the following: "(B) The plan shall provide assurances that— "(i) no individiial (appointed or otherwise) involved in the designation of the State agency or an area agency on aging, or in the designation of the head of any subdivision of the State agency or of an area agency on aging, is subject to a conflict of interest prohibited under this Act; "(ii) no officer, employee, or other representative of the State agency or an area agency on aging is subject to a conflict of interest prohibited under this Act; and "(iii) mechanisms are in place to identify and remove conflicts of interest prohibited under this Act. "(C) The plan shall provide assurances that the State agency and each area agency on aging will— "(i) maintain the integrity and public purpose of services provided, and service providers, under the State plan in all contractual and commercial relationships; "(ii) disclose to the Commissioner— "(I) the identity of each nongovernmental entity with which the State agency or area agency on aging has a contract or commercial relationship relating to providing any service to older individuals; and "(II) the nature of such contract or such relationship; "(iii) 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; "(iv) demonstrate that the quantity or quality of the services to be provided under the State plan will be enhanced as a result of such contract or such relationship; and "(v) on the request of the Commissioner, for the purpose of monitoring compliance with this Act (including conducting an audit), disclose all sources and expenditures of funds the State agency and area agency on aging receive or expend to provide services to older individuals.". (d) EVALUATION.— Section 307(a)(8) of the Older Americans Act of 1965 (42 U.S.C. 3027(a)(8)) is amended by adding at the end the following: