[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 960 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                 S. 960

     To amend the Older Americans Act of 1965 to establish pension 
              counseling programs, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 5, 1999

  Mr. Grassley (for himself and Mr. Breaux) introduced the following 
  bill; which was read twice and referred to the Committee on Health, 
                     Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
     To amend the Older Americans Act of 1965 to establish pension 
              counseling programs, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Pension Assistance and Counseling 
Act of 1999''.

SEC. 2. PENSION COUNSELING PROGRAMS.

    Title VII of the Older Americans Act of 1965 (42 U.S.C. 3058 et 
seq.) is amended--
            (1) by redesignating subtitle C as subtitle D;
            (2) by redesignating sections 761 through 764 as sections 
        791 through 794, respectively; and
            (3) by inserting after subtitle B the following:

                    ``Subtitle C--Pension Counseling

``SEC. 761. PENSION COUNSELING PROGRAM.

    ``(a) Definitions.--In this section:
            ``(1) Pension and other retirement benefits.--The term 
        `pension and other retirement benefits' means private, civil 
        service, and other public pensions and retirement benefits, 
        including benefits provided under--
                    ``(A) the Social Security program carried out under 
                title II of the Social Security Act (42 U.S.C. 401 et 
                seq.);
                    ``(B) the railroad retirement program carried out 
                under the Railroad Retirement Act of 1974 (45 U.S.C. 
                231 et seq.);
                    ``(C) the government retirement benefits programs 
                carried out under--
                            ``(i) the Civil Service Retirement System 
                        set forth in subchapter III of chapter 83 of 
                        title 5, United States Code;
                            ``(ii) the Federal Employees Retirement 
                        System set forth in chapter 84 of title 5, 
                        United States Code;
                            ``(iii) title 10, United States Code; or
                            ``(iv) any other government retirement 
                        system, including any Government pension plan 
                        as such term is defined under section 9502 of 
                        title 31, United States Code; or
                    ``(D) the Employee Retirement Income Security Act 
                of 1974 (29 U.S.C. 1001 et seq.).
            ``(2) Pension counseling program.--The term `pension 
        counseling program' means a program described in subsection 
        (c).
    ``(b) Establishment.--The Assistant Secretary shall establish and 
carry out pension counseling projects. In carrying out the projects, 
the Assistant Secretary shall award grants under subsection (c) and 
(d).
    ``(c) Pension Counseling Programs.--
            ``(1) Use of funds.--In carrying out the projects specified 
        in subsection (b), the Assistant Secretary shall award grants 
        to eligible entities to establish programs that create or 
        continue a sufficient number of pension assistance and 
        counseling projects to provide outreach, information, 
        counseling, referral, and other assistance regarding pension 
        and other retirement benefits, and rights related to such 
        benefits, to individuals throughout the United States.
            ``(2) Award of grants.--
                    ``(A) Type of entity.--The Assistant Secretary 
                shall award under this subsection--
                            ``(i) grants to State agencies or area 
                        agencies on aging; and
                            ``(ii) grants to nonprofit organizations 
                        with a proven record of providing--
                                    ``(I) services related to 
                                retirement of older individuals; or
                                    ``(II) specific pension counseling.
                    ``(B) Panel.--In awarding grants under this 
                subsection, the Assistant Secretary shall use a citizen 
                advisory panel that shall include representatives of 
                business, labor, national senior advocates, and 
                national pension rights advocates.
                    ``(C) Criteria.--In awarding grants under this 
                subsection, the Assistant Secretary, after consultation 
                with the panel, shall use as criteria--
                            ``(i) evidence of commitment of an agency 
                        or organization to carry out a proposed pension 
                        counseling program;
                            ``(ii) the ability of the agency or 
                        organization to perform effective outreach to 
                        affected populations, particularly populations 
                        identified as in need of special outreach;
                            ``(iii) reliable information that the 
                        population to be served by the agency or 
                        organization has a demonstrable need for the 
                        services proposed to be provided under the 
                        program; and
                            ``(iv) evidence of ability of the agency or 
                        organization to provide services under the 
                        program on a statewide or regional basis.
            ``(3) Application.--
                    ``(A) In general.--To be eligible to receive a 
                grant under this subsection, an entity shall submit an 
                application to the Assistant Secretary at such time, in 
                such manner, and containing such information as the 
                Assistant Secretary may require, including, at a 
                minimum--
                            ``(i) a plan for the establishment of a 
                        pension counseling program to serve a specific 
                        geographic area; and
                            ``(ii) an assurance that staff members 
                        (including volunteer staff members) have no 
                        conflict of interest in providing the services 
                        described in the plan.
                    ``(B) Plan.--The plan described in subparagraph (A) 
                shall provide for a program that--
                            ``(i) establishes or continues a State or 
                        area pension counseling service;
                            ``(ii) provides counseling (including 
                        direct counseling and assistance to individuals 
                        needing information) and information that may 
                        assist individuals in establishing rights to, 
                        obtaining, and filing claims or complaints 
                        related to, pension and other retirement 
                        benefits;
                            ``(iii) provides information on sources of 
                        pension and other retirement benefits, 
                        including the benefits under programs described 
                        in subsection (a)(1);
                            ``(iv) makes referrals to legal services 
                        and other advocacy programs;
                            ``(v) establishes a system of referral to 
                        Federal, State, and local departments or 
                        agencies related to pension and other 
                        retirement benefits;
                            ``(vi) provides a sufficient number of 
                        staff positions (including volunteer positions) 
                        to ensure information, counseling, referral, 
                        and assistance regarding pension and other 
                        retirement benefits;
                            ``(vii) provides training programs for 
                        staff members, including volunteer staff 
                        members of the programs described in subsection 
                        (a)(1);
                            ``(viii) makes recommendations to the 
                        Administration, the Department of Labor, and 
                        other Federal, State, and local agencies 
                        concerning issues for older individuals related 
                        to pension and other retirement benefits; and
                            ``(ix) establishes or continues to provide 
                        projects to provide outreach, information, 
                        counseling, referral, and other assistance 
                        regarding pension and other retirement 
                        benefits, with particular emphasis on outreach 
                        to women, minorities, and low-income retirees.
    ``(d) Training and Technical Assistance Program.--
            ``(1) Use of funds.--In carrying out the projects described 
        in subsection (b), the Assistant Secretary shall award a grant 
        to an eligible entity to establish a training and technical 
        assistance program to provide--
                    ``(A) information and technical assistance to the 
                staffs of entities operating pension counseling 
                programs; and
                    ``(B) assistance to the entities, including 
                assistance in designing program evaluation tools.
            ``(2) Eligible entity.--Entities eligible to receive grants 
        under this subsection include nonprofit private organizations 
        with records of providing national information, referral, and 
        advocacy in matters related to pension and other retirement 
        benefits.
            ``(3) Application.--To be eligible to receive a grant under 
        this subsection, an entity shall submit an application to the 
        Assistant Secretary at such time, in such manner, and 
        containing such information as the Assistant Secretary may 
        require.
    ``(e) Pension Assistance Hotline and Interagency Coordination.--The 
Assistant Secretary shall enter into interagency agreements for the 
establishment and operation of, and dissemination of information about, 
a telephone hotline for individuals seeking outreach, information, 
counseling, referral, and assistance regarding pension and other 
retirement benefits, and rights related to such benefits. The Assistant 
Secretary shall also enter into agreements with the Secretary of Labor 
and with the heads of other Federal agencies that regulate the 
provision of pension and other retirement benefits, as the Assistant 
Secretary determines to be appropriate, in order to carry out this 
subsection and to develop a nationwide public-private pension 
assistance system.
    ``(f) Report to Congress.--
            ``(1) Preparation.--The Assistant Secretary shall prepare a 
        report that--
                    ``(A) summarizes the distribution of funds 
                authorized for grants under this section and the 
                expenditure of such funds;
                    ``(B) summarizes the scope and content of training 
                and assistance provided under a program carried out 
                under this section and the degree to which the training 
                and assistance can be replicated;
                    ``(C) outlines the problems that individuals 
                participating in programs funded under this section 
                encountered concerning rights related to pension and 
                other retirement benefits; and
                    ``(D) makes recommendations regarding the manner in 
                which services provided in programs funded under this 
                section can be incorporated into the ongoing programs 
                of State agencies, area agencies on aging, multipurpose 
                senior centers, and other similar entities.
            ``(2) Submission.--Not later than 30 months after the date 
        of enactment of this section, the Assistant Secretary shall 
        submit the report described in paragraph (1) to the Committee 
        on Education and the Workforce of the House of Representatives 
        and the Committee on Health, Education, Labor, and Pensions of 
        the Senate.
    ``(g) Administrative Expenses.--Of the funds appropriated under 
subsection (h) to carry out this section for a fiscal year, not more 
than $100,000 may be used by the Administration for administrative 
expenses in carrying out this section.
    ``(h) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section such sums as may be necessary 
for each of fiscal years 2000 through 2003.''.

SEC. 3. TECHNICAL AND CONFORMING AMENDMENTS.

    (a) Repealer.--Section 429J of the Older Americans Act of 1965 (42 
U.S.C. 3035r) is repealed.
    (b) Conforming Amendment.--Subsection (b) of section 794 of the 
Older Americans Act of 1965 (as redesignated in section 2(2)) is 
amended by striking ``entities described in section 751(c)'' and 
inserting ``persons and entities described in section 793(b)''.
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