Union Calendar No. 263

104TH CONGRESS

2D SESSION H. R. 2570

[Report No. 104–539]

A BILL

To amend the Older Americans Act of 1965 to aupurposes. 1998, 1999, 2000, and 2001, and for other thorize appropriations for fiscal years 1997,

APRIL 25, 1996

Reported with an amendment, committed to the Commitordered to be printed tee of the Whole House on the State of the Union, and
IB

Union Calendar No. 263

104TH CONGRESS

2D SESSION H. R. 2570

[Report No. 104–539]

To amend the Older Americans Act of 1965 to authorize appropriations

for fiscal years 1997, 1998, 1999, 2000, and 2001, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

NOVEMBER 1, 1995

Mr. CUNNINGHAM (for himself, Mr. GOODLING, Mr. GUNDERSON, Mr. CASTLE, Mr. SAM JOHNSON of Texas, Mr. GREENWOOD, Mr. RIGGS, Mr.

WELDON of Florida, Mr. SOUDER, Mr. MCINTOSH, Mr. BALLENGER, and

Mr. GRAHAM) introduced the following bill; which was referred to the

Committee on Economic and Educational Opportunities

APRIL 25, 1996

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on November 1, 1995]

A BILL

To amend the Older Americans Act of 1965 to authorize

appropriations for fiscal years 1997, 1998, 1999, 2000,

and 2001, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Older Americans

3 Amendments of 1996’’.

4 SEC. 2. TABLE OF CONTENTS.

5 The table of contents of the Act is as follows:

Sec. 1. Short title.

Sec. 2. Table of contents.

Sec. 3. Amendment to the Older Americans Act of 1965.

Sec. 4. Conforming amendments.

Sec. 5. Fiscal year references for fiscal year 1997.

Sec. 6. Issuance of rules.

Sec. 7. Enforcement authority.

Sec. 8. Transfers; savings provisions.

Sec. 9. Effective dates.

6 SEC. 3. AMENDMENT TO THE OLDER AMERICANS ACT OF

7 1965.

8 The Older Americans Act of 1965 (42 U.S.C. 3001 et

9 seq.) is amended to read as follows:

10 ‘‘SECTION 1. SHORT TITLE.

11 ‘‘This Act may be cited as the ‘Older Americans Act

12 of 1996’.

13 ‘‘SEC. 2. TABLE OF CONTENTS.

14 ‘‘The table of contents of this Act is as follows:

‘‘Sec. 1. Short title.

‘‘Sec. 2. Table of contents.

‘‘TITLE I—GENERAL PROVISIONS

‘‘Subtitle A—Statement of Purpose; Definitions

‘‘Sec. 101. Purpose.

‘‘Sec. 102. Definitions.

‘‘Subtitle B—Administration

‘‘Sec. 111. Establishment of Administration on Aging.

‘‘Sec. 112. Duties of Assistant Secretary.

‘‘Sec. 113. Federal agency consultation.

‘‘Sec. 114. Powers of the Assistant Secretary.
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‘‘Sec. 115. Evaluations.

‘‘Sec. 116. Reports.

‘‘Sec. 117. Reduction of paperwork.

‘‘Sec. 118. Surplus property eligibility.

‘‘Sec. 119. Benefit treatment under other laws.

‘‘Sec. 120. Authorization of appropriations.

‘‘TITLE II—GRANTS FOR NATIVE AMERICAN PROGRAMS ON AGING

‘‘Sec. 201. Grants for services to Native Americans.

‘‘Sec. 202. Applications for grants.

‘‘Sec. 203. Distribution of funds among tribal organizations, Alaska Native

organizations, and organizations serving Native Hawaiians.

‘‘Sec. 204. Surplus educational facilities.

‘‘Sec. 205. Administration.

‘‘Sec. 206. Payments.

‘‘Sec. 207. Authorization of appropriations.

‘‘TITLE III—GRANTS FOR STATE AND COMMUNITY PROGRAMS ON

AGING

‘‘Subtitle A—Grants for Programs on Aging

‘‘CHAPTER 1—GENERAL PROVISIONS

‘‘Sec. 301. Technical assistance and cooperation.

‘‘Sec. 302. Allotments; Federal share.

‘‘Sec. 303. Eligibility of States; organization.

‘‘Sec. 304. State plans.

‘‘Sec. 305. Area plans.

‘‘Sec. 306. Planning, coordination, evaluation, and administration of State

plans.

‘‘Sec. 307. Payments.

‘‘CHAPTER 2—SUPPORTIVE SERVICES AND MULTIPURPOSE SENIOR CENTERS

‘‘Sec. 321. Program authorized.

‘‘CHAPTER 3—NUTRITION SERVICES

‘‘Sec. 331. Program authorized.

‘‘Sec. 332. Additional requirements.

‘‘CHAPTER 4—COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS

‘‘Sec. 351. Short title.

‘‘Sec. 352. Older American Community Service Employment Program.

‘‘Sec. 353. Participants not Federal employees.

‘‘Sec. 354. Treatment of employment assistance for purposes of Federal housing and food stamp programs.

‘‘Subtitle B—Authorization of Appropriations

‘‘Sec. 381. Authorization of appropriations.

‘‘Sec. 382. Additional funds available for nutrition services.
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‘‘TITLE IV—NATIONAL SENIOR VOLUNTEER SERVICE CORPS

‘‘Sec. 401. Statement of purposes.

‘‘Subtitle A—Retired and Senior Volunteer Program

‘‘Sec. 411. Grants and contracts for volunteer service projects.

‘‘Subtitle B—Foster Grandparent Program

‘‘Sec. 421. Grants and contracts for volunteer service projects.

‘‘Subtitle C—Senior Companion Volunteer Program

‘‘Sec. 431. Grants and contracts for volunteer service projects.

‘‘Subtitle D—General Provisions

‘‘Sec. 441. Promotion of National Senior Volunteer Service Corps.

‘‘Sec. 442. Payments.

‘‘Sec. 443. Use of locally generated contributions in National Senior Volunteer Service Corps.

‘‘Sec. 444. Adjustments to Federal financial assistance; reports.

‘‘Sec. 445. Multiyear grants or contracts.

‘‘Subtitle E—Administration and Coordination

‘‘Sec. 461. Administrative structure.

‘‘Sec. 462. Political activities.

‘‘Sec. 463. Special limitations.

‘‘Sec. 464. Coordination with other programs.

‘‘Sec. 465. Notice and hearing procedures for suspension and termination of

financial assistance.

‘‘Sec. 466. Distribution of benefits between rural and urban areas.

‘‘Sec. 467. Volunteers not Federal employees.

‘‘Sec. 468. Evaluation.

‘‘Sec. 469. Eligibility for other benefits.

‘‘Sec. 470. Legal expenses.

‘‘Subtitle F—Authorization of Appropriations

‘‘Sec. 491. Authorization of appropriations for programs.

1 ‘‘TITLE I—GENERAL PROVISIONS

2 ‘‘Subtitle A—Statement of Purpose;

3 Definitions

4 ‘‘SEC. 101. PURPOSE.

5 ‘‘It is the purpose of this Act to encourage and assist

6 State agencies, area agencies on aging, and tribal organiza7 tions to concentrate resources in order to develop greater
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1 capacity and foster the development and implementation of

2 comprehensive and coordinated systems to serve older indi3 viduals by entering into cooperative arrangements in each

4 State for the planning and provision of supportive services,

5 nutrition services, multipurpose senior centers, community

6 service employment, and volunteer services, in order to—

7 ‘‘(1) secure and maintain maximum independ8 ence and dignity in a home environment for older in9 dividuals capable of self care with appropriate sup10 portive services,

11 ‘‘(2) remove individual and social barriers to

12 economic and personal independence for older indi13 viduals,

14 ‘‘(3) provide a continuum of care for vulnerable

15 older individuals,

16 ‘‘(4) secure the opportunity for older individuals

17 to receive managed in-home and community-based

18 long-term care services,

19 ‘‘(5) ensure that older individuals will be pro20 tected against abuse, neglect, and exploitation,

21 ‘‘(6) promote employment opportunities and

22 community service, and

23 ‘‘(7) empower older individuals to contribute to

24 their communities through volunteer services that en-
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1 hance the lives of the volunteers and those whom they

2 serve.

3 ‘‘SEC. 102. DEFINITIONS.

4 ‘‘For the purposes of this Act:

5 ‘‘(1) ABUSE.—The term ‘abuse’ means (except

6 when such term is used in the phrase ‘drug and alco7 hol abuse’) the willful—

8 ‘‘(A) infliction of injury, unreasonable con9 finement, intimidation, or cruel punishment

10 with resulting physical harm, pain, or mental

11 anguish, or

12 ‘‘(B) deprivation by a person, including a

13 caregiver, of goods or services that are necessary

14 to avoid physical harm, mental anguish, or men15 tal illness.

16 ‘‘(2) ADMINISTRATION.—The term ‘Administra17 tion’ means the Administration on Aging.

18 ‘‘(3) ADULT CHILD WITH A DISABILITY.—The

19 term ‘adult child with a disability’ means a child

20 who—

21 ‘‘(A) is 18 years of age or older,

22 ‘‘(B) is financially dependent on an older

23 individual who is a parent of the child, and

24 ‘‘(C) has a disability.
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1 ‘‘(4) ALASKA NATIVE.—The term ‘Alaska Native’

2 means an Alaska Native who is a member of an Alas3 ka Native organization.

4 ‘‘(5) ALASKA NATIVE ORGANIZATION.—The term

5 ‘Alaska Native organization’ means an Alaska Native

6 village, or an Alaskan Native regional or village cor7 poration, as defined in or established pursuant to the

8 Alaska Native Claims Settlement Act (Public Law

9 92–203; 85 Stat. 688), that is recognized as eligible

10 for the special programs and services provided by the

11 United States to Alaska Natives because of their sta12 tus as Alaska Natives.

13 ‘‘(6) AREA AGENCY ON AGING.—The term ‘area

14 agency on aging’ means an area agency on aging des15 ignated under section 303(a)(2)(A) or a State agency

16 performing the functions of an area agency on aging

17 under section 303(a)(1)(E).

18 ‘‘(7) ASSISTANT SECRETARY.—The term ‘Assist19 ant Secretary’ means the Assistant Secretary for

20 Aging.

21 ‘‘(8) ASSISTIVE TECHNOLOGY.—The term

22 ‘assistive technology’ means technology, engineering

23 methodologies, or scientific principles appropriate to

24 meet the needs of, and address the barriers confronted

25 by, older individuals with functional limitations.
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1 ‘‘(9) BOARD AND CARE FACILITY.—The term

2 ‘board and care facility’ means an institution regu3 lated by a State pursuant to section 1616(e) of the

4 Social Security Act (42 U.S.C. 1382e(e)).

5 ‘‘(10) CAREGIVER.—The term ‘caregiver’ means

6 an individual who has the responsibility for the care

7 of an older individual, either voluntarily, by contract,

8 by receipt of payment for care, or as a result of the

9 operation of law.

10 ‘‘(11) CARETAKER.—The term ‘caretaker’ means

11 a family member or other individual who provides

12 (on behalf of such individual or of a public or private

13 agency, organization, or institution) uncompensated

14 care to an older individual who needs supportive

15 services.

16 ‘‘(12) CASE MANAGEMENT SERVICE.—The term

17 ‘case management service’—

18 ‘‘(A) means a service provided to an older

19 individual, at the direction of the older individ20 ual or a family member of the individual—

21 ‘‘(i) by an individual who is trained

22 or experienced in the case management

23 skills that are required to deliver the serv24 ices and coordination described in subpara25 graph (B), and
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1 ‘‘(ii) to assess the needs, and to ar2 range, coordinate, and monitor an optimum

3 package of services to meet the needs, of the

4 older individual, and

5 ‘‘(B) includes services and coordination

6 such as—

7 ‘‘(i) comprehensive assessment of the

8 older individual (including the physical,

9 psychological, and social needs of the indi10 vidual),

11 ‘‘(ii) development and implementation

12 of a service plan with the older individual

13 to mobilize the formal and informal re14 sources and services identified in the assess15 ment to meet the needs of the older individ16 ual, including coordination of the resources

17 and services—

18 ‘‘(I) with any other plans that

19 exist for various formal services, such

20 as hospital discharge plans, and

21 ‘‘(II) with the information and

22 assistance services provided under this

23 Act,

24 ‘‘(iii) coordination and monitoring of

25 formal and informal service delivery, in-
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1 cluding coordination and monitoring to en2 sure that services specified in the plan are

3 being provided,

4 ‘‘(iv) periodic reassessment and revi5 sion of the status of the older individual

6 with—

7 ‘‘(I) the older individual, or

8 ‘‘(II) if necessary, a primary

9 caregiver or family member of the older

10 individual, and

11 ‘‘(v) in accordance with the wishes of

12 the older individual, advocacy on behalf of

13 the older individual for needed services or

14 resources.

15 ‘‘(13) CHILD.—Except when it appears as part

16 of the term ‘adult child with a disability’, the term

17 ‘child’ means—

18 ‘‘(A) except for purposes of title IV, an indi19 vidual who is less than 18 years of age, and

20 ‘‘(B) for purposes of title IV, an individual

21 who is less than 21 years of age.

22 ‘‘(14) CLIENT ASSESSMENT.—The term ‘client

23 assessment’ includes providing information relating

24 to assistive technology.
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1 ‘‘(15) COMMUNITY SERVICES.—The term ‘com2 munity services’ means—

3 ‘‘(A) social, health, welfare, and educational

4 services (particularly literacy tutoring),

5 ‘‘(B) legal and other counseling services and

6 assistance, including tax counseling and assist7 ance and financial counseling,

8 ‘‘(C) library, recreational, and other similar

9 services,

10 ‘‘(D) conservation, maintenance, or restora11 tion of natural resources,

12 ‘‘(E) community betterment or beautifi13 cation,

14 ‘‘(F) antipollution and environmental qual15 ity efforts,

16 ‘‘(G) weatherization activities,

17 ‘‘(H) economic development, and

18 ‘‘(I) such other services essential and nec19 essary to the community as the Secretary, by

20 regulation, may require.

21 ‘‘(16) COMPREHENSIVE AND COORDINATED SYS22 TEM.—The term ‘comprehensive and coordinated sys23 tem’ means a system for providing all necessary sup24 portive services, including nutrition services, in a

25 manner designed to—
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1 ‘‘(A) facilitate accessibility to, and utiliza2 tion of, all supportive services and nutrition

3 services provided within the geographic area

4 served by such system by any public or private

5 agency or organization,

6 ‘‘(B) develop and make the most efficient

7 use of supportive services and nutrition services

8 in meeting the needs of older individuals,

9 ‘‘(C) use available resources efficiently and

10 with a minimum of duplication, and

11 ‘‘(D) encourage and assist public and pri12 vate entities that have unrealized potential for

13 meeting the service needs of older individuals to

14 assist the older individuals on a voluntary basis.

15 ‘‘(17) DISABILITY.—The term ‘disability’ means

16 (except when such term is used in the phrase ‘severe

17 disability’, ‘developmental disabilities’, ‘physical and

18 mental disabilities’, or ‘physical disabilities’) a dis19 ability attributable to mental or physical impair20 ment, or a combination of mental and physical im21 pairments, that results in substantial functional limi22 tations in 1 or more of the following areas of major

23 life activity: (A) self-care, (B) receptive and expres24 sive language, (C) learning, (D) mobility, (E) self-di25 rection, (F) capacity for independent living, (G) eco-
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1 nomic self-sufficiency, (H) cognitive functioning, and

2 (I) emotional adjustment.

3 ‘‘(18) ELDER ABUSE.—The term ‘elder abuse’

4 means abuse of an older individual.

5 ‘‘(19) ELDER ABUSE, NEGLECT, AND EXPLOI6 TATION.—The term ‘elder abuse, neglect, and exploi7 tation’ means abuse, neglect, and exploitation, of an

8 older individual.

9 ‘‘(20) ELECTION.—When referring to an election

10 for Federal office, the term ‘election’ has the meaning

11 given such term by section 301(1) of the Federal Elec12 tion Campaign Act of 1971 (Public Law 92–225).

13 ‘‘(21) EXPLOITATION.—The term ‘exploitation’

14 means the illegal or improper act or process of an in15 dividual, including a caregiver, using the resources of

16 an older individual for monetary or personal benefit,

17 profit, or gain.

18 ‘‘(22) FEDERAL OFFICE.—The term ‘Federal of19 fice’ has the meaning given such term in section

20 301(3) of the Federal Election Campaign Act of 1971

21 (Public Law 92–225).

22 ‘‘(23) FOCAL POINT.—The term ‘focal point’

23 means an entity that maximizes the collocation and

24 coordination of services for older individuals.
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1 ‘‘(24) FRAIL.—The term ‘frail’ means, with re2 spect to an older individual in a State, that the older

3 individual is determined to be functionally impaired

4 because the individual—

5 ‘‘(A)(i) is unable to perform at least two ac6 tivities of daily living without substantial

7 human assistance, including verbal reminding,

8 physical cueing, or supervision, or

9 ‘‘(ii) at the option of the State, is unable to

10 perform at least three such activities without

11 such assistance, or

12 ‘‘(B) due to a cognitive or other mental im13 pairment, requires substantial supervision be14 cause the individual behaves in a manner that

15 poses a serious health or safety hazard to the in16 dividual or to another individual.

17 ‘‘(25) GREATEST ECONOMIC NEED.—The term

18 ‘greatest economic need’ means the need resulting

19 from an income level at or below the poverty line.

20 ‘‘(26) GREATEST SOCIAL NEED.—The term

21 ‘greatest social need’ means the need caused by non22 economic factors that include—

23 ‘‘(A) physical and mental disabilities,

24 ‘‘(B) language barriers, and
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1 ‘‘(C) cultural, social, or geographical isola2 tion caused by racial or ethnic status, that—

3 ‘‘(i) restricts the ability of an individ4 ual to perform normal daily tasks, or

5 ‘‘(ii) threatens the capacity of the indi6 vidual to live independently.

7 ‘‘(27) IN-HOME SERVICES.—The term ‘in-home

8 services’ includes—

9 ‘‘(A) homemaker and home health aides,

10 ‘‘(B) visiting and telephone reassurance,

11 ‘‘(C) chore maintenance,

12 ‘‘(D) in-home respite care for families, and adult

13 day care as a respite service for families,

14 ‘‘(E) minor modification of homes that is nec15 essary to facilitate the ability of older individuals to

16 remain at home and that is not available under other

17 programs, except that not more than $150 per client

18 may be expended under this part for such modifica19 tion,

20 ‘‘(F) personal care services, and

21 ‘‘(G) other in-home services as defined—

22 ‘‘(i) by the State agency in the State plan

23 submitted in accordance with section 304, and
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1 ‘‘(ii) by the area agency on aging in the

2 area plan submitted in accordance with section

3 305.

4 ‘‘(28) INDIAN.—The term ‘Indian’ means an In5 dian who is a member of an Indian tribe.

6 ‘‘(29) INDIAN TRIBE.—The term ‘Indian tribe’

7 means any tribe, band, nation, or other organized

8 group or community of Indians that is—

9 ‘‘(A) recognized as eligible for the special

10 programs and services provided by the United

11 States to Indians because of their status as Indi12 ans, or

13 ‘‘(B) located on, or in proximity to, a Fed14 eral or State reservation or rancheria,

15 except that subparagraph (B) shall not apply for pur16 poses of title II.

17 ‘‘(30) INFORMATION AND ASSISTANCE SERVICE.—

18 The term ‘information and assistance service’ means

19 a service for older individuals that—

20 ‘‘(A) provides the individuals with current

21 information on opportunities and services avail22 able to the individuals within their communities,

23 including information relating to assistive tech24 nology,
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1 ‘‘(B) assesses the problems and capacities of

2 the individuals,

3 ‘‘(C) links the individuals to the opportuni4 ties and services that are available,

5 ‘‘(D) to the maximum extent practicable,

6 ensures that the individuals receive the services

7 needed by the individuals, and are aware of the

8 opportunities available to the individuals, by es9 tablishing adequate followup procedures, and

10 ‘‘(E) serves the entire community of older

11 individuals, particularly—

12 ‘‘(i) older individuals with greatest so13 cial need, and

14 ‘‘(ii) older individuals with greatest

15 economic need.

16 ‘‘(31) INFORMATION AND REFERRAL.—The term

17 ‘information and referral’ includes information relat18 ing to assistive technology.

19 ‘‘(32) LEGAL ASSISTANCE.—The term ‘legal as20 sistance’—

21 ‘‘(A) means legal advice and representation

22 provided by an attorney to older individuals

23 with economic or social needs, and

24 ‘‘(B) includes—
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1 ‘‘(i) to the extent feasible, counseling or

2 other appropriate assistance by a paralegal

3 or law student under the direct supervision

4 of an attorney, and

5 ‘‘(ii) counseling or representation by a

6 nonlawyer where permitted by law.

7 ‘‘(33) LONG-TERM CARE FACILITY.—The term

8 ‘long-term care facility’ means—

9 ‘‘(A) any skilled nursing facility, as defined

10 in section 1819(a) of the Social Security Act (42

11 U.S.C. 1395i–3(a)),

12 ‘‘(B) any nursing facility, as defined in sec13 tion 1919(a) of the Social Security Act (42

14 U.S.C. 1396r(a)),

15 ‘‘(C) for purposes of section 304(a)(8), a

16 board and care facility, or

17 ‘‘(D) any other adult care home similar to

18 a facility or institution described in subpara19 graph (A), (B), or (C).

20 ‘‘(34) LOW-INCOME.—The term ‘low-income’

21 means—

22 ‘‘(A) for purposes of chapter 4 of subtitle A

23 of title III, income that is not more than 125

24 percent of the poverty line, and

25 ‘‘(B) for purposes of title IV—
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1 ‘‘(i) income that is not more than 125

2 percent of the poverty line, or

3 ‘‘(ii) income that is not more than 100

4 percent of such poverty line, as so adjusted

5 and determined after taking into consider6 ation existing poverty guidelines as appro7 priate to local situations.

8 ‘‘(35) MULTIPURPOSE SENIOR CENTER.—The

9 term ‘multipurpose senior center’ means a community

10 facility for the organization and provision of a broad

11 spectrum of services, which shall include provision of

12 health (including mental health), social, nutritional,

13 and educational services and the provision of facili14 ties for recreational activities for older individuals.

15 ‘‘(36) NATIVE AMERICAN.—The term ‘Native

16 American’ means—

17 ‘‘(A) an Indian,

18 ‘‘(B) an Alaska Native, or

19 ‘‘(C) a Native Hawaiian.

20 ‘‘(37) NATIVE HAWAIIAN.—The term ‘Native Ha21 waiian’ means any individual any of whose ancestors

22 were natives of the area that consists of the Hawaiian

23 Islands prior to 1778,

24 ‘‘(38) NEGLECT.—The term ‘neglect’ means—
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1 ‘‘(A) the failure to provide for oneself the

2 goods or services that are necessary to avoid

3 physical harm, mental anguish, or mental ill4 ness, or

5 ‘‘(B) the failure of a caregiver to provide the

6 goods or services.

7 ‘‘(39) NONPROFIT.—The term ‘nonprofit’ as ap8 plied to any agency, institution, or organization

9 means an agency, institution, or organization that is,

10 or is owned and operated by, one or more corpora11 tions or associations no part of the net earnings of

12 which inures, or may lawfully inure, to the benefit of

13 any private shareholder or individual.

14 ‘‘(40) OLDER INDIVIDUAL.—The term ‘older in15 dividual’ means—

16 ‘‘(A) except for purposes of chapter 4 of sub17 title A of title III, and title IV, an individual

18 who is 60 years of age or older, and

19 ‘‘(B) for purposes of chapter 4 of subtitle A

20 of title III, and title IV, an individual who is

21 55 years of age or older.

22 ‘‘(41) PHYSICAL HARM.—The term ‘physical

23 harm’ means bodily injury, impairment, or disease.

24 ‘‘(42) PLANNING AND SERVICE AREA.—The term

25 ‘planning and service area’ means an area designated
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1 by a State agency under section 303(a)(1)(E), includ2 ing a single planning and service area described in

3 section 303(b)(1)(E).

4 ‘‘(43) POVERTY LINE.—The term ‘poverty line’

5 means the official poverty line (as defined by the Of6 fice of Management and Budget, and adjusted by the

7 Secretary in accordance with section 673(2) of the

8 Community Services Block Grant Act (42 U.S.C.

9 9902(2)).

10 ‘‘(44) REPRESENTATIVE PAYEE.—The term ‘rep11 resentative payee’ means a person who is appointed

12 by a governmental entity to receive, on behalf of an

13 older individual who is unable to manage funds by

14 reason of a physical or mental incapacity, any funds

15 owed to such individual by such entity.

16 ‘‘(45) SECRETARY.—The term ‘Secretary’ means

17 the Secretary of Health and Human Services.

18 ‘‘(46) SEVERE DISABILITY.—The term ‘severe

19 disability’ means a severe, chronic disability attrib20 utable to mental or physical impairment, or a com21 bination of mental and physical impairments, that—

22 ‘‘(A) is likely to continue indefinitely, and

23 ‘‘(B) results in substantial functional limi24 tation in 3 or more of the major life activities
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1 specified in subparagraphs (A) through (G) of

2 paragraph (17).

3 ‘‘(47) STATE.—The term ‘State’ means any of

4 the several States, the District of Columbia, the Vir5 gin Islands of the United States, the Commonwealth

6 of Puerto Rico, Guam, American Samoa, or the Com7 monwealth of the Northern Mariana Islands.

8 ‘‘(48) STATE AGENCY.—The term ‘State agency’

9 means the agency designated under section 303(a)(1).

10 ‘‘(49) SUPPORTIVE SERVICE.—The term ‘sup11 portive service’ means a service described in section

12 321(a).

13 ‘‘(50) TRIBAL ORGANIZATION.—The term ‘tribal

14 organization’ means—

15 ‘‘(A) except for purposes of title II and

16 chapter 4 of subtitle A of title III,

17 ‘‘(i) the recognized governing body of

18 an Indian tribe, or

19 ‘‘(ii) the legally established organiza20 tion of Indians that is controlled, sanc21 tioned, or chartered by the governing body

22 of an Indian tribe,

23 ‘‘(B) for purposes of title II—

24 ‘‘(i) an entity described in clause (i) or

25 (ii) of subparagraph (A), or
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1 ‘‘(ii) a legally established organization

2 of Indians that is democratically elected by

3 the adult members of the Indian community

4 to be served by such organization and that

5 includes the maximum participation of In6 dians in all phases of its activities, and

7 ‘‘(C) for purposes of chapter 4 of subtitle A

8 of title III, a public or nonprofit private organi9 zation that is primarily controlled by, and com10 prised of, Indians or Indian tribes.

11 ‘‘(51) UNIT OF GENERAL PURPOSE LOCAL GOV12 ERNMENT.—The term ‘unit of general purpose local

13 government’ means—

14 ‘‘(A) a political subdivision of the State

15 whose authority is general and not limited to

16 only one function or combination of related func17 tions, or

18 ‘‘(B) a tribal organization.

19 ‘‘Subtitle B—Administration

20 ‘‘SEC. 111. ESTABLISHMENT OF ADMINISTRATION ON

21 AGING.

22 ‘‘(a) ESTABLISHMENT.—There is established in the Of23 fice of the Secretary, an Administration on Aging which

24 shall be headed by an Assistant Secretary for Aging. This
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1 Act shall be administered through the Administration and

2 under the supervision of the Secretary.

3 ‘‘(b) ASSISTANT SECRETARY.—The Assistant Sec4 retary shall be appointed by the President by and with the

5 advice and consent of the Senate.

6 ‘‘(c) DESIGNATION RELATING TO ADMINISTRATION OF

7 PROGRAMS AFFECTING NATIVE AMERICANS.—The Assist8 ant Secretary—

9 ‘‘(1) may establish an Office on Native Ameri10 cans within the Administration; and

11 ‘‘(2) shall designate an individual in the Admin12 istration who has expertise with respect to programs

13 and services affecting Native Americans, who shall be

14 responsible, under the supervision of the Assistant

15 Secretary, for the administration of title II and for

16 coordination of other programs, projects, and activi17 ties carried out under this Act that affect Native

18 Americans.

19 ‘‘(d) DESIGNATION RELATING TO THE ADMINISTRA20 TION OF STATE LONG-TERM CARE OMBUDSMAN PRO21 GRAMS.—The Assistant Secretary shall designate an indi22 vidual in the Administration who shall be responsible,

23 under the supervision of the Assistant Secretary, for the

24 Federal administrative activities relating to State long25 term care ombudsman programs.
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1 ‘‘(e) DESIGNATION RELATING TO THE ADMINISTRA2 TION OF NUTRITION SERVICES.—The Assistant Secretary

3 shall designate an individual in the Administration who

4 shall be responsible, under the supervision of the Assistant

5 Secretary, for the administration of chapter 3 of subtitle

6 A of title III. Such individual shall—

7 ‘‘(1) have expertise in nutrition and dietary

8 services and planning, and

9 ‘‘(2)(A) be a registered dietitian,

10 ‘‘(B) be a credentialed nutrition professional, or

11 ‘‘(C) have education and training that is sub12 stantially equivalent to the education and training

13 for a registered dietitian or a credentialed nutrition

14 professional.

15 ‘‘(f) DESIGNATION RELATING TO THE ADMINISTRA16 TION OF VOLUNTEER SERVICE PROGRAMS.—The Assistant

17 Secretary shall designate an individual in the Administra18 tion who has experience and expertise in administering vol19 unteer programs for older individuals and who shall be re20 sponsible, under the supervision of the Assistant Secretary,

21 for the administration of title IV.

22 ‘‘SEC. 112. DUTIES OF ASSISTANT SECRETARY.

23 ‘‘The duties of the Assistant Secretary are as follows:

24 ‘‘(1) ADVOCACY.—To serve as the effective and

25 visible advocate for older individuals, within the De-
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1 partment of Health and Human Services and with

2 other departments, agencies, and instrumentalities of

3 the Federal Government by maintaining active review

4 of and commenting on responsibilities of all Federal

5 policies affecting older individuals.

6 ‘‘(2) INFORMATION.—To collect and disseminate

7 information related to problems of older individuals

8 and aging.

9 ‘‘(3) ASSISTANCE TO SECRETARY.—To directly

10 assist the Secretary in all matters pertaining to prob11 lems of older individuals and aging.

12 ‘‘(4) ADMINISTRATION.—To administer the

13 grants provided and contracts made under this Act.

14 ‘‘(5) TECHNICAL ASSISTANCE.—To provide tech15 nical assistance and consultation to States, and polit16 ical subdivisions of States, with respect to programs

17 for older individuals and aging.

18 ‘‘(6) EDUCATIONAL MATERIALS.—To prepare,

19 publish, and disseminate educational materials deal20 ing with the welfare of older individuals.

21 ‘‘(7) STATISTICS.—To gather statistics in the

22 field of aging that other Federal agencies are not col23 lecting, and to take whatever action is necessary to

24 achieve coordination of activities carried out or as25 sisted by all departments, agencies, and instrumental-
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1 ities of the Federal Government with respect to the

2 collection, preparation, and dissemination of infor3 mation relevant to older individuals.

4 ‘‘(8) PLANNING.—To coordinate, and to assist in,

5 the planning and development by public (including

6 Federal, State, and local agencies) and private orga7 nizations of programs for older individuals to facili8 tate the establishment of a nationwide network of

9 comprehensive, coordinated services and opportunities

10 for older individuals.

11 ‘‘(9) STATISTICAL DATA REGARDING ASSISTED

12 ACTIVITIES.—To collect for each fiscal year, for fiscal

13 years beginning after September 30, 1996, directly or

14 by contract, statistical data regarding programs,

15 projects, and activities carried out with funds pro16 vided under this Act, including—

17 ‘‘(A) with respect to each type of service or

18 activity provided with such funds—

19 ‘‘(i) the aggregate amount of such

20 funds expended to provide such service or

21 activity,

22 ‘‘(ii) the number of individuals who re23 ceived such service or activity, and

24 ‘‘(iii) the number of units of such serv25 ice or activity provided,
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1 ‘‘(B) the number of multipurpose senior

2 centers that received such funds.

3 ‘‘(10) UNIFORM DATA COLLECTION PROCE4 DURES.—To design and implement, for purposes of

5 compliance with paragraph (9), uniform data collec6 tion procedures for use by State agencies, including—

7 ‘‘(A) uniform definitions and nomenclature,

8 ‘‘(B) standardized data collection proce9 dures,

10 ‘‘(C) procedures for collecting information

11 on gaps in services needed by older individuals,

12 as identified by service providers in assisting cli13 ents through the provision of the supportive serv14 ices, and

15 ‘‘(D) procedures for the assessment of the

16 unmet need for services under this Act.

17 ‘‘(11) RESEARCH.—To develop and arrange for

18 research in the field of aging, based on consultations

19 with individuals and organizations knowledgeable in

20 the field of aging.

21 ‘‘(12) INFORMATION ON COMMUNITY RE22 SOURCES.—To establish and operate, directly or by

23 grant or contract, nationwide a toll-free telephone line

24 by which individuals may obtain information and as-
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1 sistance to locate community resources that may be

2 available to older individuals and their caregivers.

3 ‘‘SEC. 113. FEDERAL AGENCY CONSULTATION.

4 ‘‘The Assistant Secretary, in carrying out the purpose

5 and provisions of this Act, shall coordinate, advise, consult

6 with, and cooperate with the head of each department, agen7 cy, or instrumentality of the Federal Government proposing

8 or administering programs or services substantially related

9 to the purpose of this Act, with respect to such programs

10 or services. The head of each department, agency, or instru11 mentality of the Federal Government proposing to establish

12 or modify any program or service substantially related to

13 the purpose of this Act shall consult with and coordinate

14 with the Assistant Secretary.

15 ‘‘SEC. 114. POWERS OF THE ASSISTANT SECRETARY.

16 ‘‘(a) POWERS.—In carrying out this Act, the Assistant

17 Secretary may—

18 ‘‘(1) provide consultative services and technical

19 assistance to public or nonprofit private agencies and

20 organizations,

21 ‘‘(2) provide short-term training and technical

22 instruction,

23 ‘‘(3) conduct research and demonstrations, and

24 ‘‘(4) collect, prepare, publish, and disseminate

25 special educational or informational materials, in-
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1 cluding reports on programs, projects, and activities

2 for which funds are provided under this Act.

3 ‘‘(b) AUTHORITY TO MAKE GRANTS.—From funds ap4 propriated under section 120(a)(3), the Assistant Secretary

5 may make grants to public or nonprofit private agencies,

6 organizations, and institutions, and to tribal organizations,

7 and may enter into contracts with agencies, organizations,

8 institutions, and individuals for activities—

9 ‘‘(1) to expand the Nation’s knowledge and un10 derstanding of older individuals and the aging proc11 ess,

12 ‘‘(2) to design, to test, and to promote utilization

13 of innovative ideas and best practices in programs

14 and services for older individuals,

15 ‘‘(3) to help meet the needs for trained personnel

16 in the field of aging, and

17 ‘‘(4) to increase the awareness of citizens of all

18 ages of the need to assume personal responsibility for

19 their own aging through—

20 ‘‘(A) education and training to develop an

21 adequately trained workforce to work with and

22 on behalf of older individuals,

23 ‘‘(B) research and policy analysis to im24 prove access to and delivery of services for older

25 individuals,
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1 ‘‘(C) development of methods and practices

2 to improve quality and effectiveness of such serv3 ices,

4 ‘‘(D) demonstration of new approaches to

5 design, delivery, and coordination of services and

6 activities for older individuals,

7 ‘‘(E) technical assistance in planning, de8 velopment, implementation, evaluation, and im9 provement of programs, projects, and activities

10 under this Act, and

11 ‘‘(F) dissemination of information on issues

12 related to aging, their impact on individuals

13 and society, and relating to services and activi14 ties benefiting older individuals.

15 ‘‘SEC. 115. EVALUATIONS.

16 ‘‘(a) DUTY OF SECRETARY.—The Secretary may meas17 ure and evaluate the impact and effectiveness of all pro18 grams, projects, and activities carried out with funds pro19 vided under this Act. Evaluations shall be conducted by per20 sons not immediately involved in the administration of the

21 programs, projects, and activities evaluated.

22 ‘‘(b) SOURCES OF EVALUATION INFORMATION.—In

23 carrying out evaluations under subsection (a), the Secretary

24 shall—
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1 ‘‘(1) to the maximum extent practicable, arrange

2 to obtain the opinions of participants in the pro3 grams, projects, and activities being evaluated, and

4 ‘‘(2) consult with organizations concerned with

5 the welfare of older individuals.

6 ‘‘SEC. 116. REPORTS.

7 ‘‘Not later than 120 days after the end of each fiscal

8 year beginning after September 30, 1996, the Assistant Sec9 retary shall prepare and submit to the President and to

10 the Congress a complete report on the programs, projects,

11 and activities carried out under this Act in such fiscal year.

12 Such report shall include—

13 ‘‘(1) statistical data reflecting services and ac14 tivities provided under this Act to older individuals

15 during the fiscal year for which such report is sub16 mitted,

17 ‘‘(2) statistical data collected under section

18 112(9), and

19 ‘‘(3) statistical data, and an analysis of infor20 mation, regarding the effectiveness of the State agency

21 and area agencies on aging in targeting services to

22 older individuals with greatest economic need and

23 older individuals with greatest social need.
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1 ‘‘SEC. 117. REDUCTION OF PAPERWORK.

2 ‘‘In order to reduce unnecessary, duplicative, or dis3 ruptive demands for information, the Assistant Secretary,

4 in consultation with State agencies and other appropriate

5 agencies and organizations, shall continually review and

6 evaluate all requests by the Administration for information

7 under this Act and shall take such action as may be nec8 essary to reduce the paperwork required under this Act. The

9 Assistant Secretary shall request only such information as

10 the Assistant Secretary deems essential to carry out the pur11 pose and provisions of this Act and, in gathering such infor12 mation, shall make use of uniform service definitions to the

13 extent that such definitions are available.

14 ‘‘SEC. 118. SURPLUS PROPERTY ELIGIBILITY.

15 ‘‘Any State or local government agency, and any non16 profit organization or institution, that receives funds ap17 propriated for programs for older individuals under this

18 Act, under title IV or title XX of the Social Security Act,

19 under title VIII or X of Public Law 88–452 (commonly

20 known as the Economic Opportunity Act of 1964) or the

21 Community Services Block Grant Act, shall be deemed to

22 be eligible to receive for such programs, property that is

23 declared surplus to the needs of the Federal Government in

24 accordance with laws applicable to surplus property.
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1 ‘‘SEC. 119. BENEFIT TREATMENT UNDER OTHER LAWS.

2 ‘‘No benefit (excluding wages, stipends, and cash al3 lowances that are not reimbursements) received under a

4 program, project, or activity carried out under this Act

5 shall be treated under any Federal, State, or local law as

6 income or resources of an eligible individual participating

7 in such program, project, or activity.

8 ‘‘SEC. 120. AUTHORIZATION OF APPROPRIATIONS.

9 ‘‘(a) IN GENERAL.—(1) For the expenses (including

10 salaries) of the Administration on Aging to carry out this

11 Act (other than section 114(b) and title IV), there are au12 thorized to be appropriated $17,069,000 for fiscal year 1997

13 and such sums as may be necessary for fiscal years 1998,

14 1999, 2000, and 2001.

15 ‘‘(2) Of the amount appropriated under paragraph (1)

16 for each fiscal year, not more than $1,000,000 shall be

17 available to carry out section 112(12).

18 ‘‘(3) There are authorized to be appropriated to carry

19 out section 114(b) $26,500,000 for fiscal year 1997 and such

20 sums as may be necessary for fiscal years 1998, 1999, 2000,

21 and 2001.

22 ‘‘(b) TITLE IV.—For the expenses (including salaries)

23 of the Administration on Aging to carry out title IV, there

24 are authorized to be appropriated $24,000,000 for fiscal

25 year 1997 and such sums as may be necessary for fiscal

26 years 1998, 1999, 2000, and 2001.
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1 ‘‘TITLE II—GRANTS FOR NATIVE

2 AMERICAN PROGRAMS ON

3 AGING

4 ‘‘SEC. 201. GRANTS FOR SERVICES TO NATIVE AMERICANS.

5 ‘‘(a) AUTHORITY TO MAKE GRANTS.—The Assistant

6 Secretary may make grants to eligible organizations to pay

7 all of the costs for delivery of supportive services and nutri8 tion services for older individuals who are Native Ameri9 cans.

10 ‘‘(b) ELIGIBILITY OF ORGANIZATIONS.—An organiza11 tion is eligible to receive a grant under this title only if

12 the organization is—

13 ‘‘(1) a tribal organization that—

14 ‘‘(A) represents at least 50 older individ15 uals, and

16 ‘‘(B) demonstrates the ability to deliver sup17 portive services and nutritional services,

18 ‘‘(2) an Alaska Native organization that—

19 ‘‘(A) represents at least 50 older individ20 uals, and

21 ‘‘(B) demonstrates the ability to deliver sup22 portive services and nutritional services, or

23 ‘‘(3) a public or nonprofit private organization

24 that—
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1 ‘‘(A) will serve at least 50 older individuals

2 who are Native Hawaiians, and

3 ‘‘(B) demonstrates the ability to deliver sup4 portive services and nutrition services.

5 ‘‘SEC. 202. APPLICATIONS FOR GRANTS.

6 ‘‘(a) REQUIREMENT.—A grant may not be made under

7 this title unless an eligible organization submits an appli8 cation to the Assistant Secretary that meets such criteria

9 as the Assistant Secretary may establish by rule. Each such

10 application shall—

11 ‘‘(1) provide that such organization shall evalu12 ate the need for supportive and nutrition services

13 among older individuals who are—

14 ‘‘(A) Indians represented by the such orga15 nization if such organization is a tribal organi16 zation,

17 ‘‘(B) Alaska Natives represented by such or18 ganization if such organization is an Alaska Na19 tive organization, or

20 ‘‘(C) Native Hawaiians to be served by such

21 organization,

22 ‘‘(2) provide for the use of such methods of ad23 ministration as are necessary for the proper and effi24 cient administration of the project to be carried out

25 with such grant,
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1 ‘‘(3) provide an assurance that such organization

2 will make such reports in such form and containing

3 such information, as the Assistant Secretary may rea4 sonably require, and comply with such requirements

5 as the Assistant Secretary may impose to ensure the

6 correctness of such reports,

7 ‘‘(4) provide for periodic evaluation of the

8 project to be carried out with such grant,

9 ‘‘(5) establish objectives toward which such

10 project will be directed, identify obstacles to the at11 tainment of such objectives, and indicate the manner

12 in which such organization proposes to overcome such

13 obstacles,

14 ‘‘(6) provide for establishing and maintaining

15 information and assistance services to ensure that

16 older individuals who are served by such project will

17 have reasonably convenient access to the services and

18 activities provided by such project,

19 ‘‘(7) provide that a preference for older individ20 uals who are Native Americans for full- or part-time

21 staff positions will be given whenever feasible,

22 ‘‘(8) provide an assurance that, either directly or

23 by way of grant or contract with appropriate entities,

24 nutrition services will be delivered to older individ25 uals who are—
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1 ‘‘(A) Indians represented by the such orga2 nization if such organization is a tribal organi3 zation,

4 ‘‘(B) Alaska Natives represented by such or5 ganization if such organization is an Alaska Na6 tive organization, or

7 ‘‘(C) Native Hawaiians to be served by such

8 organization,

9 and will substantially comply with chapter 2 of sub10 title A of title III, except that in any case in which

11 the need of such individuals for nutritional services is

12 already met from other sources, such organization

13 may expend for supportive services the funds other14 wise required to be expended under this paragraph,

15 ‘‘(9) provide that any legal services or ombuds16 man services made available to older individuals who

17 are—

18 ‘‘(A) Indians represented by the such orga19 nization if such organization is a tribal organi20 zation,

21 ‘‘(B) Alaska Natives represented by such or22 ganization if such organization is an Alaska Na23 tive organization, or

24 ‘‘(C) Native Hawaiians to be served by such

25 organization,
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1 will be in substantial compliance with the provisions

2 of subtitle A of title III relating to the furnishing of

3 similar services,

4 ‘‘(10) contain satisfactory assurances that fiscal

5 control and fund accounting procedures will be adopt6 ed as may be necessary to ensure proper disbursement

7 of, and accounting for, Federal funds paid under this

8 title to such organization, including any funds paid

9 by such organization to a recipient of a grant or con10 tract,

11 ‘‘(11) contain assurances that such organization

12 will coordinate services provided under this title with

13 services provided under subtitle A of title III in the

14 same geographical area, and

15 ‘‘(12) if the organization elects to solicit vol16 untary contributions from older individuals, provide

17 that such organization will ensure that such contribu18 tions will be—

19 ‘‘(A) based on the ability of the older indi20 viduals to make such contributions, and

21 ‘‘(B) used to increase, or to expand access

22 to, services provided under this title.

23 ‘‘(b) POPULATION STATISTICS.—For the purpose of

24 any application submitted under this subsection (a), an eli25 gible organization may develop its own population statis-
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1 tics, with a certification from the Bureau of Indian Affairs,

2 in order to establish eligibility to receive a grant under this

3 title.

4 ‘‘(c) APPROVAL OF APPLICATION.—The Assistant Sec5 retary shall approve any application that complies with

6 subsection (a).

7 ‘‘(d) APPLICATION NOT APPROVED.—Whenever the As8 sistant Secretary determines not to approve an application

9 submitted under subsection (a) the Assistant Secretary

10 shall—

11 ‘‘(1) state objections in writing to the organiza12 tion within 60 days after such determination,

13 ‘‘(2) provide, to the extent practicable, technical

14 assistance to the organization to overcome such stated

15 objections, and

16 ‘‘(3) provide the organization with a hearing,

17 under such rules as the Assistant Secretary may

18 issue.

19 ‘‘(e) PERIOD FUNDED.—Whenever the Assistant Sec20 retary approves an application of a organization under

21 subsection (a), a grant shall be made for a period of not

22 less than 12 months.
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1 ‘‘SEC. 203. DISTRIBUTION OF FUNDS AMONG TRIBAL ORGA2 NIZATIONS, ALASKA NATIVE ORGANIZATIONS,

3 AND ORGANIZATIONS SERVING NATIVE HA4 WAIIANS.

5 ‘‘(a) MAINTENANCE OF 1991 AMOUNTS.—Subject to the

6 availability of appropriations to carry out this title, the

7 amount of the grant (if any) made under this title to a

8 tribal organization, an Alaska Native organization, or an

9 organization serving Native Hawaiians for fiscal year 1997

10 and for each subsequent fiscal year shall be not less than

11 the amount of the grant made under title VI of the Older

12 Americans Act of 1965 to the tribal organization, the Alas13 ka Native organization, or the organization serving Native

14 Hawaiians for fiscal year 1991.

15 ‘‘(b) USE OF ADDITIONAL AMOUNTS APPRO16 PRIATED.—If the amount appropriated to carry out this

17 title in a fiscal year subsequent to fiscal year 1996 exceeds

18 the amount appropriated to carry out title VI of the Older

19 Americans Act of 1965 in fiscal year 1991, then the amount

20 of the grant (if any) made under this title to a tribal orga21 nization, an Alaska Native organization, or an organiza22 tion serving Native Hawaiians for such subsequent fiscal

23 year shall be—

24 ‘‘(1) increased by such amount as the Assistant

25 Secretary considers to be appropriate, in addition to

26 the amount of any increase required by subsection
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1 (a), so that the grant equals or more closely ap2 proaches the amount of the grant made under title

3 VI of the Older Americans Act of 1965 to the tribal

4 organization or the Alaska Native organization for

5 fiscal year 1980, or to the organization serving Native

6 Hawaiians for fiscal year 1995, or

7 ‘‘(2) an amount the Assistant Secretary consid8 ers to be sufficient if the tribal organization, the Alas9 ka Native organization, or the organization serving

10 Native Hawaiians did not receive a grant under title

11 VI of the Older Americans Act of 1965 for either fiscal

12 year 1980 or fiscal year 1991.

13 ‘‘SEC. 204. SURPLUS EDUCATIONAL FACILITIES.

14 ‘‘(a) REQUIREMENT.—Notwithstanding any other pro15 vision of law, the Secretary of the Interior—

16 ‘‘(1) acting through the Bureau of Indian Af17 fairs, shall make available surplus Indian educational

18 facilities and surplus Alaska Native educational fa19 cilities to tribal organizations and Alaska Native or20 ganizations, and to nonprofit organizations with the

21 approval of the Indian tribe or Alaska Native organi22 zation involved, and

23 ‘‘(2) shall make available to organizations de24 scribed in section 201(b)(3) any other surplus edu-
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1 cational facilities located in the State of Hawaii that

2 are under the control of the Secretary of the Interior,

3 for use as multipurpose senior centers. Such centers may

4 be altered so as to provide extended care facilities, commu5 nity center facilities, nutrition services, adult day care serv6 ices, child care services, and other supportive services.

7 ‘‘(b) APPLICATION.—To request to receive surplus edu8 cational facilities made available under subsection (a), a

9 tribal organization, an Alaska Native organization, or an

10 organization described in section 201(b)(3) shall submit an

11 application to the Secretary of the Interior at such time

12 and such manner, and containing such information, as the

13 Secretary of the Interior determines to be necessary to carry

14 out this section.

15 ‘‘SEC. 205. ADMINISTRATION.

16 ‘‘For the purpose of issuing rules to carry out this title,

17 the Assistant Secretary shall consult with the Secretary of

18 the Interior.

19 ‘‘SEC. 206. PAYMENTS.

20 ‘‘Payments may be made under this title (after nec21 essary adjustments on account of previously made overpay22 ments or underpayments) in advance or by way of reim23 bursement in such installments and on such conditions as

24 the Assistant Secretary may determine.
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1 ‘‘SEC. 207. AUTHORIZATION OF APPROPRIATIONS.

2 ‘‘There are authorized to be appropriated to carry out

3 this title $17,460,000 for fiscal year 1997 and such sums

4 as may be necessary for fiscal years 1998, 1999, 2000, and

5 2001.

6 ‘‘TITLE III—GRANTS FOR STATE

7 AND COMMUNITY PROGRAMS

8 ON AGING

9 ‘‘Subtitle A—Grants for Programs

10 on Aging

11 ‘‘CHAPTER 1—GENERAL PROVISIONS

12 ‘‘SEC. 301. TECHNICAL ASSISTANCE AND COOPERATION.

13 ‘‘In carrying out this title, the Assistant Secretary

14 may request the technical assistance and cooperation of

15 such other Federal agencies as the Assistant Secretary con16 siders to be appropriate.

17 ‘‘SEC. 302. ALLOTMENTS; FEDERAL SHARE.

18 ‘‘(a) ALLOTMENT OF FUNDS FOR SUPPORTIVE SERV19 ICES, MULTIPURPOSE SENIOR CENTERS, AND NUTRITION

20 SERVICES.—

21 ‘‘(1) RESERVATION OF FUNDS.—(A) Subject to

22 subparagraphs (B) and (C), the amounts appro23 priated under subsections (a) and (b) of section 381

24 for fiscal years 1997 through 2001 shall be allotted by

25 the Assistant Secretary among the States as follows:
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1 ‘‘(i) For each of the fiscal years 1997, 1998,

2 1999, and 2000—

3 ‘‘(I) the product of such amount appro4 priated for such fiscal year and the base

5 percentage rate for such fiscal year shall be

6 allotted among the States proportionately

7 based on their respective shares of the funds

8 appropriated for fiscal year 1996 allotted to

9 the States to carry out titles III and VII of

10 the Older Americans Act of 1965, and

11 ‘‘(II) the balance of the such amount

12 appropriated for such fiscal year shall be

13 allotted among the State proportionately

14 based on the population of individuals 60

15 years of age or older in the States.

16 ‘‘(ii) For purposes of clause (i), the base

17 percentage rates are the following:

Fiscal year: Base percentage rate:

1997 .................................................................................... 80 percent

1998 .................................................................................... 60 percent

1999 .................................................................................... 40 percent

2000 .................................................................................... 20 percent

18 ‘‘(iii) Such amount appropriated for fiscal

19 year 2001 shall be allotted among the States pro20 portionately based on the population of individ21 uals 60 years of age or older in the States.
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1 ‘‘(B) The amounts allotted under subparagraph

2 (A) shall be reduced proportionately to the extent nec3 essary to increase other allotments under such sub4 paragraph to achieve the following:

‘‘(i) Each State shall be allotted 1 5 ⁄2 of 1 per6 cent of the amount appropriated for the fiscal

7 year for which the determination is made.

8 ‘‘(ii) Guam and the Virgin Islands of the

United States shall each be allotted 1 9 ⁄4 of 1 per10 cent of the amount appropriated for the fiscal

11 year for which the determination is made.

12 ‘‘(iii) American Samoa and the Common13 wealth of the Northern Mariana Islands shall

each be allotted 1 14 ⁄16 of 1 percent of the amount

15 appropriated for the fiscal year for which the de16 termination is made.

17 ‘‘(C) For the purposes of subparagraph (B)(i),

18 the term ‘State’ does not include Guam, American

19 Samoa, the Virgin Islands of the United States, and

20 the Commonwealth of the Northern Mariana Islands.

21 ‘‘(D) The number of individuals 60 years of age

22 or older in any State and in all States shall be deter23 mined by the Assistant Secretary on the basis of the

24 most recent data available from the Bureau of the
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1 Census and other reliable demographic data satisfac2 tory to the Assistant Secretary.

3 ‘‘(2) WITHHOLDING OF FUNDS.—(A) If the As4 sistant Secretary finds that a State fails to qualify

5 under the State plan requirements of section 304, the

6 Assistant Secretary shall withhold from the State

7 funds allotted under paragraph (1) for the fiscal year

8 for which such plan is submitted.

9 ‘‘(B) The Assistant Secretary shall disburse the

10 funds so withheld directly to any public or nonprofit

11 private institution or organization, agency, or politi12 cal subdivision of the State submitting an approved

13 plan under section 304, that includes an agreement

14 that any such funds so disbursed shall be matched in

15 cash or in kind, from non-Federal sources, to pay the

16 remainder of the cost of carrying out chapters 2 and

17 3 as described in paragraph (3)(A), but not less than

18 15 percent of such cost.

19 ‘‘(3) FEDERAL SHARE.—(A) Funds received by a

20 State from allotments made under this subsection for

21 a fiscal year may be used to pay not more than 85

22 percent of the cost of carrying out chapters 2 and 3.

23 ‘‘(B) The non-Federal share of such cost shall be

24 contributed in cash or in kind. In determining the

25 amount of the non-Federal share, the Assistant Sec-
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1 retary may attribute fair market value to services

2 and facilities contributed from non-Federal sources.

3 ‘‘(b) ALLOTMENT OF FUNDS FOR COMMUNITY SERVICE

4 EMPLOYMENT.—

5 ‘‘(1) RESERVATION OF FUNDS FOR TRIBAL ORGA6 NIZATIONS.—

7 ‘‘(A) AMOUNT RESERVED.—Of the amount

8 appropriated under subsection (c) of section 381

9 for each of the fiscal years 1997, 1998, 1999,

10 2000, and 2001, the Assistant Secretary shall re11 serve not more than 1.3 percent for making

12 grants under chapter 4 to tribal organizations.

13 ‘‘(B) ADMINISTRATIVE COSTS.—Of the

14 amounts reserved under subparagraph (A) for

15 grants to tribal organizations, such part of such

16 grants as the Secretary determines, but not more

17 than 7 percent, may be used by tribal organiza18 tions for administrative costs incurred by the

19 tribal organizations to carry out chapter 4.

20 ‘‘(2) ALLOTMENT OF FUNDS FOR FISCAL YEARS

21 1997–2001.—(A) After reserving funds under para22 graph (1), the amount appropriated under subsection

23 (c) of section 381 for fiscal years 1997 through 2001

24 shall be allotted by the Assistant Secretary among the

25 States as follows:
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1 ‘‘(i) For each of the fiscal years 1997, 1998,

2 1999, 2000, and 2001, such amount appro3 priated for such fiscal year, to the extent such

4 amount does not exceed the amount appropriated

5 for fiscal year 1996 to carry out title V of the

6 Older Americans Act of 1965, shall be allotted

7 among the States proportionately based on the

8 sum of—

9 ‘‘(I) their respective shares of the funds

10 appropriated for fiscal year 1996 allotted to

11 the States to carry out such title V, and

12 ‘‘(II) the amount of such funds appro13 priated for fiscal year 1996 expended by

14 national organizations in the States, respec15 tively.

16 ‘‘(ii) If such amount appropriated for any

17 of such fiscal years exceeds the amount appro18 priated for fiscal year 1996 to carry out title V,

19 the excess amount shall be allotted in accordance

20 with subparagraph (B).

21 ‘‘(B) ALLOTMENTS BASED ON AGE AND PER CAP22 ITA INCOME.—Each amount referred to in subpara23 graph (A)(ii) shall be allotted as follows:

24 ‘‘(i) Subject to clause (ii), each State shall

25 be allotted the amount that bears the same ratio
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1 to the amount so referred to as the product of the

2 number of individuals 55 years of age or older

3 in the State and the allotment percentage of the

4 State bears to the sum of the corresponding prod5 ucts for all the States.

6 ‘‘(ii) The amounts allotted under clause (i)

7 shall be reduced proportionately to the extent

8 necessary to increase other allotments under such

9 clause to achieve the following:

‘‘(I) Each State shall be allotted 1 10 ⁄2 of

11 1 percent of the amount appropriated for

12 the fiscal year for which the determination

13 is made.

14 ‘‘(II) Guam, American Samoa, the

15 Virgin Islands of the United States, and the

16 Commonwealth of the Northern Mariana Islands shall each be allotted not less than 1 17 ⁄4

18 of 1 percent of the amount appropriated for

19 the fiscal year for which the determination

20 is made or $50,000, whichever is greater.

21 ‘‘(C) ALLOTMENT PERCENTAGE.—For purposes

22 of subparagraph (B)(i)—

23 ‘‘(i) except as provided in clause (ii), the al24 lotment percentage of each State shall be 100

25 percent less that percentage which bears the same
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1 ratio to 50 percent as the per capita income of

2 the State bears to the per capita income of all

3 the States, except that the allotment percentage

4 shall be not more than 75 percent and not less

than 331 5 ⁄3 percent, and

6 ‘‘(ii) the allotment percentage for the Dis7 trict of Columbia, the Commonwealth of Puerto

8 Rico, Guam, American Samoa, the Virgin Is9 lands of the United States, and the Common10 wealth of the Northern Mariana Islands shall be

11 75 percent.

12 ‘‘(D) LIMITATION.— For purposes of subpara13 graphs (B)(ii)(I) and (C)(i), the term ‘State’ does not

14 include Guam, American Samoa, the Virgin Islands

15 of the United States, or Commonwealth of the North16 ern Mariana Islands.

17 ‘‘(E) POPULATION AND PER CAPITA INCOME DE18 TERMINATIONS.—For purposes of this paragraph, the

19 number of individuals 55 years of age or older in

20 each State, and the per capita income of each State,

21 shall be determined by the Assistant Secretary on the

22 basis of the most satisfactory data available to the As23 sistant Secretary on the basis of the most satisfactory

24 data available to the Assistant Secretary.

25 ‘‘(c) PERMITTED USE OF ALLOTMENTS.—
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1 ‘‘(1) ADMINISTRATION OF STATE PLANS.—(A)

2 Except as provided in subparagraph (B), the greater

3 of 7 percent of the aggregate of the allotments made

4 to a State under subsections (a) and (b), or $800,000,

5 whichever is greater, shall be available to the State to

6 use in accordance with section 306(a) and for admin7 istrative costs incurred by the State to carry out

8 chapter 4.

9 ‘‘(B) In the case of allotments made under sub10 sections (a) and (b) to Guam, American Samoa, the

11 Virgin Islands of the United States, and the Common12 wealth of the Northern Mariana Islands, 7 percent of

13 the aggregate of such allotments or $120,000, which14 ever is greater, shall be available to each to use in ac15 cordance with section 306(a) and for administrative

16 costs incurred by the State to carry out chapter 4.

17 ‘‘(2) APPLICATION TO USE ADDITIONAL FUNDS.—

18 (A) If the Assistant Secretary determines, based upon

19 a particularized showing of need that—

20 ‘‘(i) the State will be unable to fully and ef21 fectively administer its State plan and to carry

22 out programs, projects, and activities authorized

23 by chapters 2, 3, and 4 unless additional funds

24 are made available by the Assistant Secretary,
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1 ‘‘(ii) the State is making full and effective

2 use of its allotment under paragraph (1) and of

3 the personnel of the State agency and area agen4 cies designated under section 303(a)(2)(A) in the

5 administration of its State plan in accordance

6 with section 306(a), and

7 ‘‘(iii) the State agency and area agencies on

8 aging are carrying out, on a full-time basis, pro9 grams, projects, and activities that are in fur10 therance of the purpose of chapters 2 and 3,

11 then the Assistant Secretary may approve an applica12 tion submitted by the State to request permission to

13 use in accordance with section 306(a) a greater per14 centage of the aggregate of its allotments under sub15 sections (a) and (b).

16 ‘‘(B) Subject to subparagraph (C), the Assistant

17 Secretary may approve any part of the greater per18 centage requested in such application that the Assist19 ant Secretary determines is justified in such applica20 tion.

21 ‘‘(C) The aggregate amount available under this

22 subsection to a particular State in any fiscal year

may not exceed 3 23 ⁄4 of 1 percent of the aggregate of the

24 allotments made under subsections (a) and (b) for

25 such fiscal year.
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1 ‘‘(D) An application submitted under subpara2 graph (A) by a State may not be approved unless it

3 contains assurances that no funds received by the

4 State under this subsection will be used to hire any

5 individual to fill a job opening created by the action

6 of the State in laying off or terminating the employ7 ment of any regular employee not supported under

8 this Act in anticipation of filling the vacancy so cre9 ated by hiring an employee to be supported through

10 use of amounts received under this subsection.

11 ‘‘(3) ADDITIONAL USES.—(A) Of the allotments

12 made under subsection (a) to a State for a fiscal year

13 and remaining after the application of paragraph

14 (1), such part as the State agency determines, but not

15 more than 10 percent of such remaining amount, may

16 be used to pay such percentage as the State agency

17 determines, but not more than 85 percent, of the ad18 ministrative costs incurred to carry out area plans

19 submitted in accordance with section 305.

20 ‘‘(B)(i) Of the allotments made under subsection

21 (a) to a State for a fiscal year and remaining after

22 the application of paragraph (1) and subparagraph

23 (A), such part as the State agency determines, but not

24 more than 5 percent of such remaining amount or

25 $500,000 (whichever is less), may be reserved by the
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1 State until June 30 for distribution to area agencies

2 on aging in such State for the delivery of supportive

3 services (and related supplies) during any major dis4 aster declared by the President in accordance with the

5 Robert T. Stafford Disaster Relief and Emergency As6 sistance Act.

7 ‘‘(ii) Any amount reserved under clause (i) that

8 is not distributed in accordance with such clause shall

9 be used as if this subparagraph were not in effect.

10 ‘‘SEC. 303. ELIGIBILITY OF STATES; ORGANIZATION.

11 ‘‘(a) ELIGIBILITY OF STATES.—For a State to be eligi12 ble to receive funds allotted under section 302(a)—

13 ‘‘(1) the State shall, in accordance with rules is14 sued by the Secretary, designate a State agency as the

15 sole State agency to—

16 ‘‘(A) develop a State plan to be submitted

17 to the Assistant Secretary for approval under

18 section 304,

19 ‘‘(B) administer the State plan within the

20 State,

21 ‘‘(C) be responsible for the planning, policy

22 development, administration, coordination, pri23 ority setting, and evaluation of all State activi24 ties related to carrying out chapters 2 and 3,
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1 ‘‘(D) serve as an effective and visible advo2 cate for older individuals by reviewing and com3 menting on all State plans, budgets, and policies

4 that affect older individuals, and to provide tech5 nical assistance to any agency, organization, or

6 association representing the needs of older indi7 viduals, and

8 ‘‘(E) except as provided in subsection (e),

9 divide the State into distinct planning and serv10 ice areas or designate the entire State as a single

11 planning and service area,

12 ‘‘(2) the State agency shall—

13 ‘‘(A) designate an area agency on aging for

14 each planning and service area,

15 ‘‘(B) take into account in the development

16 and administration of the State plan for any fis17 cal year—

18 ‘‘(i) the views of recipients of support19 ive services, nutrition services, or commu20 nity service employment, or

21 ‘‘(ii) individuals using multipurpose

22 senior centers,

23 as the case may be, provided under such plan,

24 ‘‘(C) after consultation with area agencies

25 and using the best available data, develop and
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1 publish for review and comment a formula for

2 distribution within the State of funds received

3 under chapters 2 and 3 that takes into ac4 count—

5 ‘‘(i) the geographical distribution of

6 older individuals in the State, and

7 ‘‘(ii) the distribution among planning

8 and service areas of older individuals with

9 greatest economic need and older individ10 uals with greatest social need, and

11 ‘‘(D) provide an assurance that preference

12 will be given to providing services to older indi13 viduals with greatest economic need and older

14 individuals with greatest social need, with par15 ticular attention to low-income minority indi16 viduals, and include proposed methods to carry

17 out the preference in the State plan.

18 ‘‘(b) DESIGNATION OF AREA AGENCIES ON AGING.—

19 (1) An area agency on aging designated under subsection

20 (a) shall be—

21 ‘‘(A) an established office of aging,

22 ‘‘(B) any office or agency of a unit of general

23 purpose local government, that is designated to func24 tion only for the purpose of serving as an area agency

25 on aging by the chief elected official of such unit,
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1 ‘‘(C) any office or agency designated by the ap2 propriate chief elected officials of any combination of

3 units of general purpose local government to act only

4 on behalf of such combination for such purpose,

5 ‘‘(D) any public or nonprofit private agency in

6 a planning and service area, or any separate organi7 zational unit within such agency, that is under the

8 supervision or direction for this purpose of the des9 ignated State agency and that can and will engage

10 only in the planning or provision of a broad range

11 of supportive services, or nutrition services within the

12 planning and service area, or

13 ‘‘(E) in the case of a State designated under sub14 section (a)(1)(E) as a single planning and service

15 area, the State agency,

16 and shall provide assurance, determined adequate by the

17 State agency, that the area agency on aging will have the

18 ability to develop an area plan and to carry out, directly

19 or through contractual or other arrangements, a program

20 in accordance with the plan within the planning and serv21 ice area.

22 ‘‘(2) In designating an area agency on aging within

23 the planning and service area or within any unit of general

24 purpose local government designated as a planning and

25 service area, the State shall give preference to an established
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1 office on aging, unless the State agency finds that no such

2 office within the planning and service area will have the

3 capacity to carry out the area plan.

4 ‘‘(c) DUE PROCESS.—A State agency shall establish,

5 after consultation with area agencies on aging, procedures

6 to provide due process to affected parties, if the State agency

7 initiates an action or proceeding to change the designation

8 of any designated planning and service area or of any des9 ignated area agency on aging.

10 ‘‘(d) GRANDFATHER PROVISION.—A State that on or

11 before October 1, 1980, had designated, with the approval

12 of the Commissioner on Aging, a single planning and serv13 ice area covering all of the older individuals in the State,

14 in which the State agency was administering the area plan,

15 may after that date designate one or more additional plan16 ning and service areas within the State to be administered

17 by public or nonprofit private agencies or organizations as

18 area agencies on aging. The State agency shall continue to

19 perform the functions of an area agency on aging for any

20 area of the State not included in a planning and service

21 area for which an area agency on aging has been des22 ignated.

23 ‘‘SEC. 304. STATE PLANS.

24 ‘‘(a) PLAN.—Each State, in order to be eligible for

25 grants from its allotment under section 302(a) for any fis-
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1 cal year, shall submit to the Assistant Secretary a State

2 plan for a 2-, 3-, or 4-year period determined by the State

3 agency, with such annual revisions as are necessary. Each

4 such plan shall comply with all of the following require5 ments:

6 ‘‘(1) UNIFORM AREA PLAN FORMAT.—The plan

7 shall contain assurances that the State plan will be

8 based upon area plans developed by area agencies on

9 aging within the State designated under section

10 303(a)(2)(A) and that the State will prepare and dis11 tribute a uniform format for use by area agencies on

12 aging in developing area plans under section 305.

13 ‘‘(2) APPROVAL OF AREA PLAN.—The plan shall

14 provide that each area agency on aging designated

15 under section 303(a)(2)(A) will develop and submit to

16 the State agency for approval an area plan that com17 plies with section 305.

18 ‘‘(3) EVALUATION OF NEED.—The plan shall

19 provide that the State agency will evaluate the need

20 for supportive services, nutrition services (taking into

21 consideration the comparative need for home-delivered

22 nutrition services and for congregate nutrition serv23 ices), multipurpose senior centers, and community

24 service employment within the State and determine

25 the extent to which existing public or private pro-
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1 grams meet such need. To conduct the evaluation, the

2 State agency shall use the procedures implemented

3 under section 112(10).

4 ‘‘(4) HEARINGS.—The plan shall provide that

5 the State agency establish a grievance procedure that

6 will afford an opportunity for a hearing upon request

7 to any agency on aging submitting a plan under sec8 tion 305, to any provider of a service under such a

9 plan, or to any applicant to provide a service under

10 such a plan. The State agency shall establish and

11 publish the procedures for requesting and conducting

12 such hearing.

13 ‘‘(5) FISCAL CONTROL AND FUND ACCOUNTING;

14 CONFLICTS OF INTEREST.—(A) The plan shall provide

15 satisfactory assurance that such fiscal control and

16 fund accounting procedures will be adopted as may be

17 necessary to assure proper disbursement of, and ac18 counting for, funds received from allotments made

19 under section 302(a) to the State, including any such

20 funds paid to the recipients of a grant or contract.

21 ‘‘(B) The plan shall provide assurances that—

22 ‘‘(i) no individual (appointed or otherwise)

23 involved in the designation of the State agency

24 or an area agency on aging, or in the designa25 tion of the head of any subdivision of the State
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1 agency or of an area agency on aging, is subject

2 to a conflict of interest prohibited under this sub3 title,

4 ‘‘(ii) no officer, employee, or other rep5 resentative of the State agency or an area agency

6 on aging is subject to a conflict of interest pro7 hibited under this subtitle, and

8 ‘‘(iii) mechanisms are in place to identify

9 and remove conflicts of interest prohibited under

10 this subtitle.

11 ‘‘(C) The plan shall provide assurances that the

12 State agency and each area agency on aging will—

13 ‘‘(i) maintain the integrity and public pur14 pose of services provided, and service providers,

15 under the State plan in all contractual and com16 mercial relationships, and

17 ‘‘(ii) demonstrate that the quantity or qual18 ity of the services to be provided under the State

19 plan will be enhanced as a result of such con20 tract or such relationship,

21 ‘‘(6) INFORMATION AND ASSISTANCE SERVICES.—

22 The plan shall provide for establishing and maintain23 ing information and assistance services in sufficient

24 numbers to ensure, to the maximum extent prac25 ticable, that all older individuals in the State who are
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1 not furnished adequate information and assistance

2 services under section 305(a)(3) will have reasonably

3 convenient access to such services.

4 ‘‘(7) LIMITATIONS.—(A) The plan shall provide

5 that no supportive services, nutrition services, or in6 home services will be directly provided by the State

7 agency or an area agency on aging, except when, in

8 the judgment of the State agency—

9 ‘‘(i) provision of such services by the State

10 agency or an area agency on aging is necessary

11 to ensure an adequate supply of such services,

12 ‘‘(ii) such services are directly related to the

13 administrative functions of the State agency or

14 area agency on aging, or

15 ‘‘(iii) such services of comparable quality

16 can be provided more economically by the State

17 agency or area agency on aging.

18 ‘‘(B)(i) Subparagraph (A) shall apply to case

19 management services only if such services are pro20 vided through an agency (other than the State agen21 cy) designated to provide case management services

22 under another law.

23 ‘‘(ii) Subparagraph (A) shall not apply with re24 spect to information and assistance services and to

25 outreach.
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1 ‘‘(8) STATE LONG-TERM CARE OMBUDSMAN PRO2 GRAM.—Subject to subsection (g), the plan shall pro3 vide assurances that the State agency will carry out

4 a State long-term care ombudsman program that

5 complies with all the following specifications:

6 ‘‘(A) DUTIES.—The State agency shall—

7 ‘‘(i) identify, investigate, and resolve

8 complaints that—

9 ‘‘(I) are made by or on behalf of

10 older individuals who are residents of

11 long-term care facilities, and

12 ‘‘(II) relate to action, inaction, or

13 decisions that may adversely affect the

14 health, safety, welfare, or rights of such

15 residents (including the welfare and

16 rights of such residents with respect to

17 the appointment and activities of

18 guardians and representative payees),

19 of providers (or representatives of pro20 viders) of long-term care services, pub21 lic agencies, or health and social serv22 ice agencies,

23 ‘‘(ii) provide services to assist such

24 residents in protecting the health, safety,

25 welfare, and rights of such residents,
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1 ‘‘(iii) inform such residents about

2 means of obtaining services provided by

3 providers or agencies described in clause

4 (i)(II) or services described in clauses (i),

5 ‘‘(iv) ensure that such residents have

6 regular and timely access to the services

7 provided through the State long-term care

8 ombudsman program and that such resi9 dents and complainants receive from pro10 gram representatives of the State agency

11 timely responses to complaints,

12 ‘‘(v) represent the interests of such resi13 dents before governmental agencies and seek

14 administrative, legal, and other remedies to

15 protect the health, safety, welfare, and rights

16 of the residents,

17 ‘‘(vi) provide administrative and tech18 nical assistance to entities designated under

19 subparagraph (F) to assist the entities in

20 participating in the program,

21 ‘‘(vii) analyze, comment on, and mon22 itor the development and implementation of

23 Federal, State, and local laws, rules, and

24 other governmental policies and actions,

25 that pertain to the health, safety, welfare,
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1 and rights of the residents, with respect to

2 the adequacy of long-term care facilities and

3 services in the State,

4 ‘‘(viii) provide for training program

5 representatives of the State agency, and

6 ‘‘(ix) carry out such other activities as

7 the State agency determines to be appro8 priate.

9 ‘‘(B) CONTRACTS AND ARRANGEMENTS.—(i)

10 Except as provided in clause (ii), the State agen11 cy may carry out the program, directly, or by

12 contract or other arrangement with any public

13 agency or nonprofit private organization.

14 ‘‘(ii) The State agency may not enter into

15 a contract or other arrangement described in

16 clause (i) with—

17 ‘‘(I) an agency or organization that is

18 responsible for licensing or certifying long19 term care services in the State, or

20 ‘‘(II) an association (or an affiliate of

21 such an association) of long-term care fa22 cilities, or of any other residential facilities

23 for older individuals.

24 ‘‘(C) DESIGNATION OF LOCAL OMBUDSMAN

25 ENTITIES AND REPRESENTATIVES.—(i) In carry-
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1 ing out the duties specified in subparagraph (A),

2 the State agency may designate an entity as a

3 local ombudsman entity, and may designate an

4 individual (including an employee or volunteer)

5 to represent the entity.

6 ‘‘(ii) An individual so designated may, in

7 accordance with the policies and procedures es8 tablished by the State agency—

9 ‘‘(I) provide services to protect the

10 health, safety, welfare, and rights of older

11 individuals who are residents of long-term

12 care facilities,

13 ‘‘(II) ensure that residents in the serv14 ice area of the entity have regular, timely

15 access to representatives of the State long16 term care ombudsman program and timely

17 responses to complaints and requests for as18 sistance,

19 ‘‘(III) identify, investigate, and resolve

20 complaints made by or on behalf of such

21 residents that relate to action, inaction, or

22 decisions, that may adversely affect the

23 health, safety, welfare, or rights of such resi24 dents,
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1 ‘‘(IV) represent the interests of such

2 residents before government agencies and

3 seek administrative, legal, and other rem4 edies to protect the health, safety, welfare,

5 and rights of such residents,

6 ‘‘(V) review, and if necessary, comment

7 on existing and proposed laws, rules, and

8 other government policies and actions, that

9 pertain to the rights and well-being of such

10 residents,

11 ‘‘(VI) facilitate the ability of the public

12 to comment on such laws, rules, policies,

13 and actions,

14 ‘‘(VII) support the development of resi15 dent and family councils, and

16 ‘‘(VIII) carry out other activities that

17 the State agency determines to be appro18 priate.

19 ‘‘(iii)(I) The State agency shall establish

20 policies and procedures for monitoring local om21 budsman entities designated to carry out the du22 ties specified in subparagraph (A).

23 ‘‘(II) If the entities are grantees, or the rep24 resentatives are employees, of area agencies on

25 aging, the State agency shall develop the policies
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1 after consultation with the area agencies on

2 aging. The policies shall provide for participa3 tion and comment by such agencies and for reso4 lution of concerns with respect to case activity.

5 ‘‘(III) The State agency shall develop the

6 policies and procedures in accordance with all

7 provisions of this subtitle regarding confidential8 ity and conflict of interest.

9 ‘‘(D) PROCEDURES FOR ACCESS.—The State

10 shall ensure, and shall establish procedures that

11 ensure, that program representatives of the State

12 agency shall have—

13 ‘‘(i) access to long-term care facilities

14 and residents,

15 ‘‘(ii)(I) appropriate access to review

16 the medical and social records of a resident,

17 if the representative has the permission of

18 the resident (or the legal representative of

19 the resident), or the resident is unable to

20 consent to the review and has no legal rep21 resentative, or

22 ‘‘(II) access to such records as is nec23 essary to investigate a complaint if a legal

24 guardian of the resident refuses to give the

25 permission, a program representative of the
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1 State agency has reasonable cause to believe

2 that the guardian is not acting in the best

3 interests of the resident, and the program

4 representative obtains the approval of the

5 State agency,

6 ‘‘(iii) access to the administrative

7 records, policies, and documents, to which

8 the residents have, or the general public has

9 access, of long-term care facilities, and

10 ‘‘(iv) access to and, on request, copies

11 of all licensing and certification records

12 maintained by the State with respect to

13 long-term care facilities.

14 ‘‘(E) REPORTING SYSTEM.—The State agen15 cy shall collect and analyze data relating to com16 plaints and conditions in long-term care facili17 ties and to older individuals who are residents of

18 long-term care facilities, for the purpose of iden19 tifying and resolving significant problems.

20 ‘‘(F) DISCLOSURE.—(i) The State agency

21 shall establish procedures for the disclosure by

22 the State agency or local ombudsman entities of

23 files maintained by the State long-term care om24 budsman program, including records and data

25 described in subparagraphs (D) and (E).
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1 ‘‘(ii) The procedures described in clause (i)

2 shall provide that, subject to clause (iii), the files

3 and records described in clause (i) may be dis4 closed only at the discretion of the State agency.

5 The procedures described in clause (i) shall pro6 hibit the disclosure of the identity of any com7 plainant, or resident of a long-term care facility,

8 with respect to whom the State agency main9 tains such files or records unless—

10 ‘‘(I) the complainant or resident, or the

11 legal representative of the complainant or

12 resident, consents to the disclosure and the

13 consent is given in writing,

14 ‘‘(II) the complainant or resident gives

15 consent orally and the consent is docu16 mented contemporaneously in writing made

17 by a program representative of the State

18 agency in accordance with such require19 ments as the State agency shall establish, or

20 ‘‘(III) the disclosure is required by

21 court order.

22 ‘‘(G) CONSULTATION.—In planning and op23 erating the State long-term care ombudsman

24 program, the State agency shall consider the
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1 views of area agencies on aging, older individ2 uals, and providers of long-term care.

3 ‘‘(H) CONFLICT OF INTEREST.—The State

4 agency shall develop procedures to prevent con5 flicts of interest with respect to individuals and

6 entities that carry out activities under the State

7 long-term care ombudsman program.

8 ‘‘(I) LEGAL COUNSEL.—The State agency

9 shall ensure that—

10 ‘‘(i)(I) adequate legal counsel is avail11 able and able to provide advice and con12 sultation needed to protect the health, safe13 ty, welfare, and rights of older individuals

14 who are residents of long-term care facili15 ties, and to assist the program representa16 tives of the State agency in the performance

17 of the official duties of the State agency,

18 and

19 ‘‘(II) legal representation is provided

20 to any program representative of the State

21 agency against whom suit or other legal ac22 tion is brought or threatened to be brought

23 in connection with the performance of the

24 official duties of the State agency or such a

25 representative, and
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1 ‘‘(ii) the State agency pursues admin2 istrative, legal, and other appropriate rem3 edies on behalf of such residents.

4 ‘‘(J) LIABILITY.—The State shall ensure

5 that no program representative of the State

6 agency will be liable under State law for the

7 good faith performance of official duties.

8 ‘‘(K) NONINTERFERENCE.—The State

9 shall—

10 ‘‘(i) ensure that willful interference

11 with the State agency in the performance of

12 the official duties under the State long-term

13 care ombudsman program shall be unlaw14 ful,

15 ‘‘(ii) prohibit retaliation and reprisals

16 by a long-term care facility or other entity

17 with respect to any resident, employee, or

18 other person for filing a complaint with,

19 providing information to, or otherwise co20 operating with any representative of, the

21 State agency, and

22 ‘‘(iii) provide for appropriate sanc23 tions with respect to the interference, retal24 iation, and reprisals.
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1 ‘‘(9) LEGAL ASSISTANCE.—If a State elects to

2 provide legal assistance, the plan shall contain assur3 ances that with respect to legal assistance that area

4 agencies on aging will—

5 ‘‘(A) enter into contracts with providers of

6 legal assistance that can demonstrate the experi7 ence or capacity to deliver legal assistance, and

8 ‘‘(B) attempt to involve the private bar in

9 legal assistance activities authorized under this

10 chapter, including groups within the private bar

11 furnishing services to older individuals on a pro

12 bono and reduced fee basis.

13 ‘‘(10) PREVENTION OF ELDER ABUSE, NEGLECT,

14 AND EXPLOITATION.—Subject to subsection (g), and if

15 the State elects to provide for a fiscal year for services

16 for the prevention of elder abuse, neglect, and exploi17 tation, the plan shall—

18 ‘‘(A) contain an assurance that the State

19 has in effect laws relating to elder abuse, neglect,

20 and exploitation that include provisions for im21 munity for persons who report, in good faith, in22 stances of elder abuse, neglect, and exploitation,

23 from prosecution under any State or local law

24 arising out of such reporting,
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1 ‘‘(B) contain an assurance that individuals

2 who provide services to prevent elder abuse, ne3 glect, and exploitation are trained to effectively

4 deal with such reported instances,

5 ‘‘(C) contain an assurance that involuntary

6 or coerced participation in such program by al7 leged victims, abusers, or members of their house8 holds will not be permitted,

9 ‘‘(D) contain an assurance that the State

10 requires all information gathered in the course of

11 receiving reports on instances of, and of making

12 referrals relating to elder abuse, neglect, and ex13 ploitation remain confidential except—

14 ‘‘(i) if all parties to such complaint

15 consent in writing to the release of such in16 formation,

17 ‘‘(ii) if the release of such information

18 is to a law enforcement agency, public pro19 tective service agency, licensing or certifi20 cation agency, ombudsman program, or

21 protection or advocacy system, or

22 ‘‘(iii) upon court order,

23 ‘‘(E) contain an assurance that the State

24 agency will make all reasonable efforts to resolve

25 any conflicts with other public agencies with re-
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1 spect to confidentiality of the information de2 scribed in subparagraph (D),

3 ‘‘(F) contain an assurance that the State

4 agency will coordinate its program with law en5 forcement officials, courts of competent jurisdic6 tion, and other relevant State and local pro7 grams, including area agencies on aging and

8 agencies that administer adult protective serv9 ices, medicaid fraud and abuse services (includ10 ing services provided by a State Medicaid fraud

11 control unit, as defined in section 1903(q) of the

12 Social Security Act (42 U.S.C. 1396b(q)), and

13 victim assistance programs,

14 ‘‘(G) contain an assurance that older indi15 viduals participate in decisions regarding their

16 welfare, and

17 ‘‘(H) specify such other activities that the

18 State agency determines to be beneficial in the

19 prevention of abuse, neglect, or exploitation of

20 older individuals and intends to carry out under

21 such program.

22 ‘‘(11) OUTREACH.—The plan shall provide as23 surances that the State agency will require outreach

24 efforts that will—
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1 ‘‘(A) identify individuals eligible for assist2 ance under chapters 2 and 3, with special em3 phasis on—

4 ‘‘(i) older individuals residing in rural

5 areas,

6 ‘‘(ii) older individuals with greatest

7 economic need,

8 ‘‘(iii) older individuals with greatest

9 social need,

10 ‘‘(iv) older individuals with severe dis11 abilities,

12 ‘‘(v) older individuals with limited

13 English-speaking ability,

14 ‘‘(vi) older individuals with Alz15 heimer’s disease or related disorders with

16 neurological and organic brain dysfunction

17 (and the caretakers of such individuals),

18 and

19 ‘‘(vii) low-income minority individ20 uals, and

21 ‘‘(B) inform the older individuals referred

22 to in clauses (i) through (vii) of subparagraph

23 (A), and the caretakers of such individuals, of

24 the availability of such assistance.
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1 ‘‘(12) OLDER INDIVIDUALS WITH DISABIL2 ITIES.—The plan shall provide, with respect to the

3 needs of older individuals with disabilities, assurances

4 that the State agency will coordinate planning, iden5 tification, assessment of needs, and services for older

6 individuals with disabilities (with particular atten7 tion to individuals with severe disabilities) with the

8 State agencies with primary responsibility for indi9 viduals with disabilities (including severe disabil10 ities).

11 ‘‘(13) COORDINATION OF COMMUNITY-BASED

12 LONG-TERM CARE SERVICES.—The plan shall provide

13 assurances that area agencies on aging will conduct

14 efforts to facilitate the coordination of community15 based long-term care services, pursuant to section

16 305(a)(6)(G), for older individuals who—

17 ‘‘(A) reside at home and are at risk of insti18 tutionalization because of limitations on their

19 ability to function independently,

20 ‘‘(B) are patients in hospitals and are at

21 risk of prolonged institutionalization, or

22 ‘‘(C) are patients in long-term care facili23 ties, but who can return to their homes if com24 munity-based services are provided to them.
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1 ‘‘(14) PROHIBITION ON MISUSE OF FUNDS.—The

2 plan shall provide assurances that funds received

3 from allotments under section 302(a) will not be used

4 to pay any part of a cost (including an administra5 tive cost) incurred by the State or an area agency on

6 aging to carry out a contract or commercial relation7 ship that is not carried out to implement chapter 2

8 or 3.

9 ‘‘(15) COORDINATION OF SERVICES; PROVISION

10 OF MULTIGENERATIONAL SERVICES.—The plan shall

11 provide assurances that demonstrable efforts will be

12 made—

13 ‘‘(A) to coordinate services provided under

14 chapters 2 and 3 with other State services that

15 benefit older individuals, and

16 ‘‘(B) to provide multigenerational activities,

17 such as opportunities for older individuals to

18 serve as mentors or advisers in programs that

19 provide child care, youth day care, educational

20 assistance, at-risk youth intervention, juvenile

21 delinquency treatment, and family support.

22 ‘‘(16) QUALITY ASSURANCE.—The plan shall in23 clude assurances that the State has in effect a mecha24 nism to provide for quality in the provision of serv25 ices under chapters 2 and 3.
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1 ‘‘(17) COST SHARING.—If the State, after con2 sultation with area agencies on aging, elects to re3 quire cost sharing by recipients of services under the

4 State plan (or to require or permit area agencies on

5 aging to require cost sharing by recipients of services

6 under area plans), the plan shall—

7 ‘‘(A) provide that no cost sharing shall be

8 required for—

9 ‘‘(i) information and assistance serv10 ices, outreach, benefits counseling, or case

11 management services, or

12 ‘‘(ii) ombudsman or other protective

13 services, or

14 ‘‘(B)(i) exempt from cost-sharing require15 ments individuals with incomes below a low-in16 come threshold set by the State that is not lower

17 than 125 percent of the poverty line,

18 ‘‘(ii) set cost-sharing rates for individuals

19 with incomes above such threshold on a sliding20 fee scale based on income,

21 ‘‘(iii) provide that the income of older indi22 viduals will be determined by self-declaration,

23 and

24 ‘‘(C) provide that individuals will not be

25 denied a service under the plan because of the in-
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1 ability of such individual to pay a share of the

2 cost of such service.

3 ‘‘(18) SOLICITATION OF VOLUNTARY CONTRIBU4 TIONS.—The plan shall provide that the State will

5 permit area agencies on aging to permit service pro6 viders to solicit for services provided under the plan

7 voluntary contributions that—

8 ‘‘(A) are based on the ability of older indi9 viduals to make such contributions, and

10 ‘‘(B) will be used to increase, or expand ac11 cess to, services provided under the plan.

12 ‘‘(19) USE OF VOUCHERS TO OBTAIN SERV13 ICES.—(A) Subject to subparagraph (B), the plan

14 shall identify each specific supportive service and

15 each nutrition service, if any, the State agency elects

16 to permit area agencies on aging to provide by issu17 ing vouchers (redeemable by the State agency or area

18 agency on aging) to older individuals to permit such

19 individuals to obtain such service.

20 ‘‘(B) A State agency may make an election

21 under subparagraph (A) with respect to a nutrition

22 service only if the plan includes an assurance that—

23 ‘‘(i) such service provided in exchange for

24 vouchers will provide meals that satisfy the re25 quirements specified in section 332(2)(A), and
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1 ‘‘(ii) an area agency on aging will be per2 mitted by the State agency to provide such serv3 ice by issuing such vouchers, only if the area

4 agency on aging is unable to provide such service

5 by contract with a service provider.

6 ‘‘(b) APPROVAL OF STATE PLAN.—The Assistant Sec7 retary shall approve any State plan that the Assistant Sec8 retary finds fulfills the requirements of subsection (a).

9 ‘‘(c) DISAPPROVAL OF STATE PLAN.—(1) The Assist10 ant Secretary shall not make a final determination dis11 approving any State plan, or any modification thereof, or

12 make a final determination that a State is ineligible under

13 section 303, without first affording the State reasonable no14 tice and opportunity for a hearing.

15 ‘‘(2) Not later than 30 days after such final determina16 tion, a State dissatisfied with such final determination may

17 appeal such final determination to the Secretary for review.

18 If the State timely appeals such final determination in ac19 cordance with subsection (e)(1), the Secretary shall dismiss

20 the appeal filed under this paragraph.

21 ‘‘(3)(A) If the State is dissatisfied with the decision

22 of the Secretary after review under paragraph (2), the State

23 may appeal such decision not later than 30 days after such

24 decision and in the manner described in subsection (e).
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1 ‘‘(B) For purposes of appellate review under subpara2 graph (A), a reference in subsection (e) to the Assistant Sec3 retary shall be deemed to be a reference to the Secretary.

4 ‘‘(d) NOTIFICATION OF STATE.—(1) Whenever the As5 sistant Secretary, after providing reasonable notice and op6 portunity for a hearing to the State agency, finds that—

7 ‘‘(A) the State is not eligible under section 303,

8 ‘‘(B) the State plan has been so changed that it

9 no longer complies substantially with subsection (a),

10 or

11 ‘‘(C) in the administration of the plan there is

12 a failure to comply substantially with any provision

13 of subsection (a),

14 the Assistant Secretary shall notify the State agency that

15 no further payments from its allotments under section

16 302(a) will be made to the State (or, in the Assistant Sec17 retary’s discretion, that further payments to the State will

18 be limited to projects under or portions of the State plan

19 not affected by such failure), until the Assistant Secretary

20 is satisfied that there will no longer be any failure to com21 ply. Until the Assistant Secretary is so satisfied, no further

22 payments shall be made to the State from its allotments

23 under section 302(a) (or payments shall be limited to

24 projects under or portions of the State plan not affected by

25 such failure).
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1 ‘‘(2)(A) The Assistant Secretary shall, in accordance

2 with rules the Secretary shall issue, disburse the funds so

3 withheld directly to any public or nonprofit private organi4 zation or agency or political subdivision of the State sub5 mitting an approved plan in accordance with the provi6 sions of this section.

7 ‘‘(B) The limitation specified in section 302(a)(3) shall

8 apply with respect to the use of such funds by the organiza9 tion, agency, or political subdivision that receives such

10 funds.

11 ‘‘(e) APPEAL.—(1) A State that is dissatisfied with a

12 final action of the Assistant Secretary under subsection (b),

13 (c), or (d) may appeal to the United States court of appeals

14 for the circuit in which the State is located, by filing a

15 petition with such court within 30 days after such final

16 action. A copy of the petition shall be forthwith transmitted

17 by the clerk of the court to the Assistant Secretary, or any

18 officer designated by the Assistant Secretary for such pur19 pose. The Assistant Secretary thereupon shall file in the

20 court the record of the proceedings on which the Assistant

21 Secretary’s action is based, as provided in section 2112 of

22 title 28, United States Code.

23 ‘‘(2) Upon the filing of such petition, the court shall

24 have jurisdiction to affirm the action of the Assistant Sec25 retary or to set it aside, in whole or in part, temporarily
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1 or permanently, but until the filing of the record, the Assist2 ant Secretary may modify or set aside the Assistant Sec3 retary’s order. The findings of the Assistant Secretary as

4 to the facts, if supported by substantial evidence, shall be

5 conclusive, but the court, for good cause shown may remand

6 the case to the Assistant Secretary to take further evidence,

7 and the Assistant Secretary shall, within 30 days, file in

8 the court the record of those further proceedings. Such new

9 or modified findings of fact shall likewise be conclusive if

10 supported by substantial evidence. The judgment of the

11 court affirming or setting aside, in whole or in part, any

12 action of the Assistant Secretary shall be final, subject to

13 review by the Supreme Court of the United States upon

14 certiorari or certification as provided in section 1254 of

15 title 28, United States Code.

16 ‘‘(3) The commencement of proceedings under this sub17 section shall not, unless so specifically ordered by the court,

18 operate as a stay of the Assistant Secretary’s action.

19 ‘‘(f) PRESERVATION OF ATTORNEY-CLIENT PRIVI20 LEGE.—Neither a State, nor a State agency, may require

21 any provider of legal assistance under this chapter to reveal

22 any information that is protected by the attorney-client

23 privilege.

24 ‘‘(g) LIMITATION ON EXPENDITURES.—(1) Except as

25 provided in paragraph (2), the aggregate amount of funds
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1 made available under this Act that may be expended by

2 a State in any fiscal year—

3 ‘‘(A) to carry out the State long-term care om4 budsman program described in subsection (a)(8), and

5 ‘‘(B) to provide services for the prevention of

6 elder abuse, neglect, and exploitation, described in

7 subsection (a)(10),

8 may not exceed the amount that bears the same ratio to

9 the aggregate amount of funds made available under this

10 Act for such fiscal year to carry out chapter 2 as the

11 amount of funds made available under the Older Americans

12 Act of 1965 for fiscal year 1995 expended by the State to

13 carry out the State long-term care ombudsman programs,

14 and programs with respect to the prevention of elder abuse,

15 neglect, and exploitation, under title VII and part B of title

16 III of the Older Americans Act of 1965 bears to the aggre17 gate amount of funds made available under such Act for

18 fiscal year 1995 to carry out such title VII and such part

19 B.

20 ‘‘(2)(A) If a State demonstrates, in an application, to

21 the satisfaction of the Assistant Secretary that the maxi22 mum amount paragraph (1) permits the State to expend

23 for a fiscal year—

24 ‘‘(i) to carry out the State long-term care om25 budsman program described in subsection (a)(8), and
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1 ‘‘(ii) to provide services for the prevention of

2 elder abuse, neglect, and exploitation, described in

3 subsection (a)(10),

4 is insufficient to satisfy the need for services provided under

5 paragraphs (8) and (10) of subsection (a), then the Assist6 ant Secretary may grant a waiver that permits the State

7 to expend for such fiscal year an amount equal to not more

8 than 150 percent of such maximum amount to provide serv9 ices under such paragraphs.

10 ‘‘(B) At a minimum, the application described in sub11 paragraph (A) shall include a description of the additional

12 amount requested to be so expended, the purposes for which

13 such amount will be expended, the need for such amount,

14 and the impact so expending such amount will have on the

15 provision of other services provided under chapter 2. The

16 Assistant Secretary shall approve or deny the application

17 in writing.

18 ‘‘SEC. 305. AREA PLANS.

19 ‘‘(a) PLAN.—Each area agency on aging designated

20 under section 303(a)(2)(A) shall, in order to be approved

21 by the State agency, prepare and develop an area plan for

22 a planning and service area for a 2-, 3-, or 4-year period

23 determined by the State agency, with such annual adjust24 ments as may be necessary. Each such plan shall be based

25 upon a uniform format for area plans within the State.
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1 Each such plan shall comply with all of the following re2 quirements:

3 ‘‘(1) SCOPE OF PLAN.—The plan shall provide,

4 through a comprehensive and coordinated system,

5 for—

6 ‘‘(A) supportive services, nutrition services

7 (including in-home meals and congregate nutri8 tion services), and, where appropriate, for the es9 tablishment or maintenance of multipurpose sen10 ior centers, within the planning and service area

11 covered by the plan,

12 ‘‘(B) determining the extent of need for sup13 portive services, nutrition services (taking into

14 consideration the comparative need for home-de15 livered nutrition services and congregate nutri16 tion services), and multipurpose senior centers in

17 such area (taking into consideration, among

18 other things, the number of older individuals

19 with low incomes residing in such area, the

20 number of older individuals who have greatest

21 economic need residing in such area, the number

22 of older individuals who have greatest social need

23 residing in such area, the number of older indi24 viduals residing on reservations in such area,

25 and the number of older individuals who are In-
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1 dians residing in such area, and the efforts of

2 voluntary organizations in the community),

3 ‘‘(C) evaluating the effectiveness of the use

4 of resources in meeting such need, and

5 ‘‘(D) entering into agreements with provid6 ers of supportive services, nutrition services, or

7 multipurpose senior centers in such area, for the

8 provision of such services or centers to meet such

9 need.

10 ‘‘(2) PROMOTION OF INDEPENDENT LIVING.—The

11 plan shall promote independent living through the

12 provision of home- and community-based care, ad13 dress the nutrition and health-promotion needs of

14 older individuals, provide advocacy for and protect

15 the rights of vulnerable older individuals in both com16 munity-based and institutional settings, specify ef17 forts to be undertaken to ensure the quality of sup18 portive services and nutrition services provided in

19 such settings, enhance access to services provided

20 under the plan, and encourage community participa21 tion in carrying out the plan.

22 ‘‘(3) INFORMATION AND ASSISTANCE SERVICES.—

23 The plan shall provide for the establishment and

24 maintenance of information and assistance services to

25 ensure that older individuals within the planning
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1 and service area covered by the plan will have reason2 ably convenient access to such services, with particu3 lar emphasis on linking services available to isolated

4 older individuals and older individuals with Alz5 heimer’s disease or related disorders with neurological

6 and organic brain dysfunction (and the caretakers of

7 individuals with such disease or disorders).

8 ‘‘(4) SPECIFIC OBJECTIVES; OUTREACH.—(A)

9 The plan shall contain assurances that the area agen10 cy on aging will set specific objectives for providing

11 services to older individuals with greatest economic

12 need, older individuals with greatest social need, and

13 older individuals residing in rural areas.

14 ‘‘(B) The plan shall contain assurances that the

15 area agency on aging will use outreach efforts that

16 will—

17 ‘‘(i) identify individuals eligible for assist18 ance under chapters 2 and 3, with special em19 phasis on—

20 ‘‘(I) older individuals residing in rural

21 areas,

22 ‘‘(II) older individuals with greatest

23 economic need,

24 ‘‘(III) older individuals with greatest

25 social need,
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1 ‘‘(IV) older individuals with severe dis2 abilities,

3 ‘‘(V) older individuals with limited

4 English-speaking ability,

5 ‘‘(VI) older individuals with Alz6 heimer’s disease or related disorders with

7 neurological and organic brain dysfunction

8 (and the caretakers of such individuals),

9 and

10 ‘‘(VII) low-income minority individ11 uals, and

12 ‘‘(ii) inform the older individuals referred

13 to in subclauses (I) through (VII) of clause (i),

14 and the caretakers of such individuals, of the

15 availability of such assistance.

16 ‘‘(5) EVALUATIONS; TECHNICAL ASSISTANCE AND

17 INFORMATION; ADVOCACY; ADVISORY COUNCIL.—The

18 plan shall provide that the area agency on aging

19 will—

20 ‘‘(A) furnish appropriate technical assist21 ance, and information in a timely manner, to

22 providers of supportive services, nutrition serv23 ices, or multipurpose senior centers in the plan24 ning and service area covered by the area plan,
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1 ‘‘(B) take into account in connection with

2 matters of general policy arising in the develop3 ment and administration of the area plan, the

4 views of recipients of services under such plan,

5 ‘‘(C) serve as the advocate and focal point

6 for older individuals within the community by

7 (in cooperation with agencies, organizations, and

8 individuals participating in activities under the

9 plan) monitoring, evaluating, and commenting

10 on all policies, programs, hearings, levies, and

11 community actions that will affect older individ12 uals,

13 ‘‘(D) establish an advisory council consist14 ing of older individuals who are participants or

15 who are eligible to participate in programs as16 sisted under this title, representatives of older in17 dividuals, local elected officials, providers of vet18 erans’ health care (if appropriate), and the gen19 eral public, to advise continuously the area agen20 cy on aging on all matters relating to the devel21 opment of the area plan, the administration of

22 the plan and operations conducted under the

23 plan,

24 ‘‘(E) facilitate the coordination of commu25 nity-based, long-term care services designed to
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1 retain individuals in their homes, thereby defer2 ring unnecessary, costly institutionalization, and

3 designed to include the development of case man4 agement services as a component of the long-term

5 care services,

6 ‘‘(F) facilitate the involvement of long-term

7 care providers in the coordination of commu8 nity-based long-term care services and work to

9 ensure community awareness of and involvement

10 in addressing the needs of residents of long-term

11 care facilities,

12 ‘‘(G) coordinate services and activities car13 ried out under the area plan with—

14 ‘‘(i) activities of community-based or15 ganizations established for the benefit of

16 older individuals with Alzheimer’s disease

17 or related disorders with neurological and

18 organic brain dysfunction (and the families

19 of such individuals), and

20 ‘‘(ii) the mental health services pro21 vided by community health centers and by

22 other public agencies and nonprofit private

23 organizations, and
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1 ‘‘(H) establish a grievance procedure for

2 older individuals who are dissatisfied with or de3 nied services under chapters 2 and 3.

4 ‘‘(6) VOLUNTEERS.—The plan shall encourage,

5 and enlist the services of, local volunteer groups to

6 provide assistance and services appropriate to the

7 unique needs of older individuals within the planning

8 and service area, including coordination with pro9 grams carried out under subtitles A and C of title IV.

10 ‘‘(7) PREVENTION OF THE ABUSE, NEGLECT, OR

11 EXPLOITATION OF OLDER INDIVIDUALS.—If the area

12 agency on aging elects to provide a program to pre13 vent the abuse, neglect, or exploitation of older indi14 viduals or is required by the State agency to carry

15 out such program, the plan shall—

16 ‘‘(A) contain an assurance that the area

17 agency on aging will conduct such program con18 sistent with the provisions of this subtitle,

19 ‘‘(B) contain an assurance that the area

20 agency on aging will provide public education

21 and outreach to identify and prevent abuse, ne22 glect, and exploitation of older individuals,

23 ‘‘(C) contain an assurance that the area

24 agency on aging—
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1 ‘‘(i) will establish procedures for re2 ceipt of reports of abuse, neglect, and exploi3 tation of older individuals, and

4 ‘‘(ii) upon receipt of a report of known

5 or suspected instances of elder abuse, ne6 glect, or exploitation, shall promptly refer to

7 reported matter to the proper authorities for

8 investigation and action consistent with

9 State law, and

10 ‘‘(D) specify such other activities that the

11 area agency determines to be beneficial in the

12 prevention of abuse, neglect, or exploitation of

13 older individuals and intends to carry out under

14 such program.

15 ‘‘(8) DESCRIPTION OF ACTIVITIES.—The plan

16 shall—

17 ‘‘(A) describe all activities of the area agen18 cy on aging for which financial assistance is

19 provided to carry out chapters 2 and 3, and

20 ‘‘(B) contain an assurance that such activi21 ties conform with—

22 ‘‘(i) the responsibilities of the area

23 agency on aging, as set forth in this sub24 section, and
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1 ‘‘(ii) the laws, rules, and policies of the

2 State in which the area agency on aging is

3 carrying out an area plan.

4 ‘‘(9) DISCLOSURE OF SOURCES AND EXPENDI5 TURES OF FUNDS.—The plan shall contain an assur6 ance that the area agency on aging will, on the re7 quest of the State and for the purpose of monitoring

8 compliance with this subtitle (including conducting

9 an audit), disclose all sources and expenditures of

10 funds such agency receives or expends to provide serv11 ices to older individuals.

12 ‘‘(10) PROHIBITION ON MISUSE OF FUNDS.—The

13 plan shall contain assurances that funds received

14 from allotments under section 302(a) will not be used

15 to pay any part of a cost (including an administra16 tive cost) incurred by the area agency on aging to

17 carry out a contract or commercial relationship that

18 is not carried out to implement chapters 2 and 3.

19 ‘‘(11) PROHIBITION OF PREFERENCE.—The plan

20 shall contain assurances that preference in receiving

21 services under chapters 2 and 3 will not be given by

22 the area agency on aging to particular older individ23 uals as a result of a contract or commercial relation24 ship that is not carried out to implement such chap25 ters.
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1 ‘‘(12) CASE MANAGEMENT SERVICES.—The plan

2 shall provide that case management services provided

3 under this chapter through the area agency on aging

4 will—

5 ‘‘(A) not duplicate case management serv6 ices provided through other Federal and State

7 programs,

8 ‘‘(B) be coordinated with services described

9 in subparagraph (A),

10 ‘‘(C) include a provision, to consumers, of a

11 list of available service providers for appropriate

12 care in the planning and service area served by

13 such agency,

14 ‘‘(D) be provided in a manner that gives a

15 consumer the right to choose a provider of pref16 erence, and

17 ‘‘(E) be provided by—

18 ‘‘(i) a public agency, or

19 ‘‘(ii) a nonprofit private agency that—

20 ‘‘(I) does not provide, and does

21 not have a direct or indirect ownership

22 or controlling interest in, or a direct or

23 indirect affiliation or relationship

24 with, an entity that provides, services

25 (other than case management services,
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1 outreach, and information and refer2 ral) under this title,

3 ‘‘(II) is located in a rural area

4 and obtains a waiver of the require5 ment described in subclause (I), or

6 ‘‘(III) is a community-based orga7 nization that is described in section

8 501(c)(3) of the Internal Revenue Code

9 of 1986, that is exempt from taxation

10 under section 501(a) of such Code, and

11 that is located in a planning and serv12 ice area in which an area agency on

13 aging made a contract with 1 or more

14 nonprofit private agencies to provide

15 case management services in fiscal

16 year 1992 under the Older Americans

17 Act of 1965.

18 ‘‘(13) COST SHARING.—The plan shall contain

19 assurances that any requirements for cost sharing by

20 recipients of services provided under the plan will be

21 consistent with those provisions of the State plan that

22 satisfy the requirement specified in section

23 304(a)(17).

24 ‘‘(14) OLDER INDIVIDUALS WITH DISABIL25 ITIES.—The plan shall provide, with respect to the
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1 needs of older individuals with disabilities, assurances

2 that the area agency will coordinate planning, identi3 fication, assessment of needs, and services for older

4 individuals with disabilities (with particular atten5 tion to individuals with severe disabilities) with the

6 State agency.

7 ‘‘(15) TELEPHONE LISTING.—The plan shall con8 tain an assurance that the area agency on aging will

9 list the telephone number of such agency in each tele10 phone directory that is published, by the provider of

11 local telephone service, for residents in any geographi12 cal area that lies in whole or in part in the service

13 and planning area served by such agency—

14 ‘‘(A) under the name ‘Area Agency on

15 Aging’,

16 ‘‘(B) in the unclassified section of the direc17 tory, and

18 ‘‘(C) to the extent possible, in the classified

19 section of the directory, under a subject heading

20 designated by the Assistant Secretary by regula21 tion.

22 ‘‘(b) PRESERVATION OF ATTORNEY-CLIENT PRIVI23 LEGE.—An area agency on aging may not require any pro24 vider of legal assistance under this chapter to reveal any
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1 information that is protected by the attorney-client privi2 lege.

3 ‘‘(c) STATE AUTHORITY TO WITHHOLD FUNDS.—(1)

4 If the head of a State agency finds that an area agency

5 on aging has failed to comply with Federal or State laws,

6 including the area plan requirements of this section, rules,

7 or policies, the State may withhold from the area agency

8 on aging a portion of the funds available under the allot9 ment made under section 302(a).

10 ‘‘(2)(A) The head of a State agency shall not make a

11 final determination withholding funds under paragraph (1)

12 without first affording the area agency on aging due process

13 in accordance with procedures established by the State

14 agency.

15 ‘‘(B) At a minimum, such procedures shall include

16 procedures for—

17 ‘‘(i) providing notice of an action to withhold

18 funds,

19 ‘‘(ii) providing documentation of the need for

20 such action, and

21 ‘‘(iii) at the request of the area agency on aging,

22 conducting a public hearing concerning such action.

23 ‘‘(3)(A) If a State agency withholds the funds under

24 paragraphs (1) and (2), the State agency may use the funds

25 withheld to directly administer programs under chapters 2
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1 and 3 in the planning and service area served by the area

2 agency on aging for a period not to exceed 180 days, except

3 as provided in subparagraph (B).

4 ‘‘(B) If the State agency determines that the area agen5 cy on aging has not taken corrective action, or if the State

6 agency does not approve the corrective action, during the

7 180-day period described in subparagraph (A), the State

8 agency may extend the period for not more than 90 days.

9 ‘‘SEC. 306. PLANNING, COORDINATION, EVALUATION, AND

10 ADMINISTRATION OF STATE PLANS.

11 ‘‘(a) GRANTS FOR STATE ACTIVITIES.—(1) Amounts

12 available to States under section 302(c)(1) may be used to

13 make grants to States to pay such percentage as each State

14 agency determines, but not more than 85 percent, of the

15 cost of the administration of its State plan, including—

16 ‘‘(A) the preparation of the State plan,

17 ‘‘(B) the evaluation of activities carried out

18 under such plan,

19 ‘‘(C) the collection of data and the carrying out

20 of analyses related to the need for supportive services,

21 nutrition services (taking into consideration the com22 parative need for home-delivered nutrition services

23 and for congregate nutrition services), multipurpose

24 senior centers, and community service employment
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1 within the State, and dissemination of information so

2 obtained,

3 ‘‘(D) the provision of short-term training to per4 sonnel of public or nonprofit private agencies and or5 ganizations engaged in the operation of programs,

6 projects, and activities authorized by chapters 2 and

7 3, and

8 ‘‘(E) and the carrying out of demonstration

9 projects of statewide significance relating to the initi10 ation, expansion, or improvement of services and ac11 tivities provided under chapters 2 and 3.

12 ‘‘(2) Any funds available to a State under subsection

13 (b) for part of the cost of the administration of its State

14 plan that the State determines is not needed for such pur15 pose may be used by the State to supplement the amount

16 available under section 302(c)(3)(A) to cover part of the cost

17 of the administration of area plans.

18 ‘‘(3) The portion of the allotment made available under

19 section 302(c)(1) to a State for any fiscal year, that the

20 State determines will not be required by the State for such

21 year for the purposes described in paragraph (1) shall be

22 available to the State to provide services under chapter 2,

23 chapter 3, or both, in the State.

24 ‘‘(4) Any State that is designated under section

25 303(a)(1)(E) a single planning and service area covering
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1 all, or substantially all, of the older individuals in the

2 State, as determined by the Assistant Secretary, may elect

3 to pay part of the costs of the administration of State and

4 area plans either out of the amount of funds received under

5 this section or out of the amount of funds made available

6 for the administration of area plans under section

7 302(c)(3)(A), but shall not pay such costs out of both such

8 amounts.

9 ‘‘(b) AUTHORITY TO TRANSFER FUNDS.—(1)(A) Not10 withstanding any other provision of this subtitle and except

11 as provided in subparagraph (B), of the funds received by

12 a State attributable to funds appropriated under sub13 sections (a) and (b) of section 381, the State (after consulta14 tion with area agencies on aging and with service provid15 ers) may elect to transfer not more than 25 percent for any

16 fiscal year between programs under chapter 2 and programs

17 under chapter 3 for use as the State considers appropriate.

18 The State shall notify the Assistant Secretary of any such

19 election.

20 ‘‘(B) If a State demonstrates in an application, to the

21 satisfaction of the Assistant Secretary, that funds received

22 by the State and attributable to funds appropriated under

23 subsections (a) and (b) of section 381, (including funds

24 transferred under subparagraph (A) without regard to this

25 subparagraph) for any fiscal year are insufficient to satisfy
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1 the need for services under chapter 2 or 3, then the Assistant

2 Secretary may grant a waiver that permits the State to

3 transfer under subparagraph (A) to satisfy such need an

4 additional 25 percent of the funds so received for such fiscal

5 year.

6 ‘‘(C) At a minimum, the application described in sub7 paragraph (B) shall include a description of the amount

8 to be transferred, the purposes of the transfer, the need for

9 the transfer, and the impact of the transfer on the provision

10 of services from which the funding will be transferred. The

11 Assistant Secretary shall approve or deny the application

12 in writing.

13 ‘‘(2) After consultation with service providers, a State

14 agency may delegate to an area agency on aging or any

15 other entity the authority to make a transfer under para16 graph (1).

17 ‘‘(3) The Assistant Secretary shall annually collect,

18 and include in the report required by section 116, data re19 garding the transfers described in paragraph (1), includ20 ing—

21 ‘‘(A) the amount of funds involved in the trans22 fers, analyzed by State,

23 ‘‘(B) in the case of transfers described in para24 graph (1), the effect of the transfers on the provision

25 of services provided under—
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1 ‘‘(i) chapter 2, and

2 ‘‘(ii) chapter 3, including the effect on the

3 number of meals served.

4 ‘‘SEC. 307. PAYMENTS.

5 ‘‘Payments of grants, or under contracts, made under

6 chapters 2 and 3 may be made (after necessary adjustments

7 resulting from previously made overpayments or underpay8 ments) in advance or by way of reimbursement, and in such

9 installments, as the Assistant Secretary may determine.

10 ‘‘CHAPTER 2—SUPPORTIVE SERVICES AND

11 MULTIPURPOSE SENIOR CENTERS

12 ‘‘SEC. 321. PROGRAM AUTHORIZED.

13 ‘‘(a) SUPPORTIVE SERVICES.—The Assistant Secretary

14 shall carry out a program for making grants to States

15 under State plans approved under section 304 for any of

16 the following supportive services that are necessary for the

17 general welfare of older individuals:

18 ‘‘(1) Health (including mental health), education

19 and training, welfare, informational, recreational,

20 homemaker, counseling, or referral services.

21 ‘‘(2) Services designed to encourage and assist

22 older individuals to use the facilities and services (in23 cluding information and assistance services) available

24 to them, including language translation services to as-
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1 sist older individuals with limited-English speaking

2 ability to obtain services under this chapter.

3 ‘‘(3) Services designed—

4 ‘‘(A) to assist older individuals to obtain

5 adequate housing, including residential repair

6 and renovation projects designed to enable older

7 individuals to maintain their homes in conform8 ity with minimum housing standards,

9 ‘‘(B) to adapt homes to meet the needs of

10 older individuals with disabilities,

11 ‘‘(C) to prevent unlawful entry into resi12 dences of older individuals, through the installa13 tion of security devices and through structural

14 modifications or alterations of such residences, or

15 ‘‘(D) to receive applications from older in16 dividuals for housing under section 202 of the

17 Housing Act of 1959 (12 U.S.C. 1701Q) or

18 under any federally assisted housing program

19 designed to assist older individuals.

20 ‘‘(4) Services designed to assist older individuals

21 to avoid institutionalization, and services designed to

22 assist individuals in long-term care institutions who

23 are able to return to their communities, including—
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1 ‘‘(A) client assessment services, and develop2 ment and coordination of community-based serv3 ices,

4 ‘‘(B) in-home services for frail older indi5 viduals, including services for older individuals

6 with Alzheimer’s disease and related disorders

7 with neurological and organic brain dysfunction

8 (and for families of such individuals),

9 ‘‘(C) supportive activities to meet the spe10 cial needs of caregivers, including caregivers who

11 provide in-home services to frail older individ12 uals, and

13 ‘‘(D) in-home and other community-based

14 services to assist older individuals to live inde15 pendently in a home environment, including

16 home health, homemaker, shopping, escort, read17 er, and letter-writing services.

18 ‘‘(5) Services designed to provide to older indi19 viduals legal assistance and other counseling services

20 and assistance, including—

21 ‘‘(A) tax counseling and assistance, finan22 cial counseling, and counseling regarding appro23 priate health and life insurance coverage,

24 ‘‘(B) representation—
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1 ‘‘(i) of individuals who are wards (or

2 are allegedly incapacitated), and

3 ‘‘(ii) in guardianship proceedings of

4 older individuals who seek to become guard5 ians, if other adequate representation is un6 available in the proceedings, and

7 ‘‘(C) provision, to older individuals who

8 provide uncompensated care to their adult chil9 dren with disabilities, of counseling to assist

10 such older individuals with permanency plan11 ning for such children.

12 ‘‘(6) Services designed to enable older individuals

13 to attain and maintain physical and mental well14 being through programs of regular physical activity,

15 ‘‘(7) Activities designed to promote disease pre16 vention and health promotion.

17 ‘‘(8) Services designed to provide, for older indi18 viduals, preretirement counseling and assistance in

19 planning for and assessing future post-retirement

20 needs with regard to public and private insurance,

21 public benefits, lifestyle changes, relocation, legal mat22 ters, leisure time, and other appropriate matters.

23 ‘‘(9) Services of an ombudsman to receive, inves24 tigate, and act on complaints by older individuals
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1 who are residents of long-term care facilities and to

2 advocate for the well-being of such individuals.

3 ‘‘(10) Services that are designed to meet the

4 unique needs of older individuals who are disabled,

5 and of older individuals who provide uncompensated

6 care to their adult children with disabilities.

7 ‘‘(11) Services to encourage the employment of

8 older individuals, including job and second career

9 counseling and, where appropriate, job development,

10 referral, and placement.

11 ‘‘(12) Services for the prevention of abuse, ne12 glect, or exploitation of older individuals.

13 ‘‘(13) Crime prevention services and victim as14 sistance programs for older individuals.

15 ‘‘(14) Health and nutrition education services,

16 including information concerning prevention, diag17 nosis, treatment, and rehabilitation of age-related dis18 eases and chronic disabling conditions.

19 ‘‘(15) Services designed to enable mentally im20 paired older individuals to attain and maintain emo21 tional well-being and independent living through a

22 coordinated system of supportive services.

23 ‘‘(16) Services designed to provide information

24 and training for individuals who are or may become

25 guardians or representative payees of older individ-
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1 uals, including information on the powers and duties

2 of guardians and representative payees and on alter3 natives to guardianships.

4 ‘‘(17) Services to encourage and facilitate regu5 lar interaction between school-age children and older

6 individuals, including visits in long-term care facili7 ties, multipurpose senior centers, and other settings.

8 ‘‘(18) Services to assist in the operation of multi9 purpose senior centers.

10 ‘‘(19) Services that provide reasonable opportu11 nities for older individuals to participate on a vol12 untary basis in multigenerational activities.

13 ‘‘(20) Transportation services to facilitate access

14 to the services authorized by this subsection to be pro15 vided.

16 ‘‘(21) Any other services.

17 ‘‘CHAPTER 3—NUTRITION SERVICES

18 ‘‘SEC. 331. PROGRAM AUTHORIZED.

19 ‘‘(a) NUTRITION SERVICES.—The Assistant Secretary

20 shall carry out a program for making grants to States

21 under State plans approved under section 304 for the estab22 lishment and operation of nutrition projects that 5 or more

23 days a week (except in a rural area where such frequency

24 is not feasible) and a lesser frequency when it is approved

25 by the State agency, provide—
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1 ‘‘(1) meals to eligible individuals in congregate

2 meals settings,

3 ‘‘(2) meals to eligible individuals in their homes,

4 and

5 ‘‘(3) meals to eligible individuals in adult day

6 care settings.

7 ‘‘(b) REQUIREMENTS.—(1) Meals served to eligible in8 dividuals under subsection (a)(3) may be hot, cold, frozen,

9 dried, canned, or supplemental foods (with a satisfactory

10 storage life).

11 ‘‘(2) Meal providers shall provide eligible older indi12 viduals with at least 1 meal per day and any additional

13 meals per day that the recipient of a grant or contract

14 under this chapter may elect to provide.

15 ‘‘SEC. 332. ADDITIONAL REQUIREMENTS.

16 ‘‘A State that establishes and operates a nutrition

17 project under this chapter shall—

18 ‘‘(1) solicit the advice of a dietitian or individ19 ual with comparable expertise in the planning of nu20 tritional services, and

21 ‘‘(2) ensure that the project—

22 ‘‘(A) provides meals that—

23 ‘‘(i) comply with the Dietary Guide24 lines for Americans, published by the Sec25 retary and the Secretary of Agriculture,
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1 ‘‘(ii) provide to each participating

2 older individual—

‘‘(I) a minimum of 331 3 ⁄3 percent

4 of the daily recommended dietary al5 lowances as established by the Food

6 and Nutrition Board of the Institute of

7 Medicine of the National Academy of

8 Sciences, if the project provides 1 meal

9 per day,

‘‘(II) a minimum of 662 10 ⁄3 percent

11 of the allowances if the project provides

12 2 meals per day, and

13 ‘‘(III) 100 percent of the allow14 ances if the project provides 3 meals

15 per day, and

16 ‘‘(iii) to the maximum extent prac17 ticable, are adjusted to meet any special di18 etary needs of program participants,

19 ‘‘(B) provides flexibility to local nutrition

20 providers in designing meals that are appealing

21 to program participants,

22 ‘‘(C) encourages providers to enter into con23 tracts that limit the amount of time meals must

24 spend in transit before they are consumed,
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1 ‘‘(D) where feasible, encourages arrange2 ments with schools and other facilities serving

3 meals to children in order to promote

4 intergenerational meal programs,

5 ‘‘(E) provides that meals, other than in6 home meals, are provided in settings in as close

7 proximity to the majority of eligible older indi8 viduals’ residences as feasible,

9 ‘‘(F) ensures that meal providers carry out

10 such project with the advice of dietitians (or in11 dividuals with comparable expertise), meal par12 ticipants, and other individuals’ knowledgeable

13 with regard to the needs of older individuals,

14 ‘‘(G) ensures that each participating area

15 agency on aging establishes procedures that allow

16 nutrition project administrators the option to

17 offer a meal, on the same basis as meals provided

18 to participating older individuals, to individuals

19 providing volunteer services during the meal

20 hours, and to individuals with disabilities who

21 reside at home with and accompany older indi22 viduals eligible under this chapter,

23 ‘‘(H) ensures that nutrition services will be

24 available to older individuals and to their

25 spouses, and may be made available to individ-
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1 uals with disabilities who are not older individ2 uals but who reside in housing facilities occupied

3 primarily by older individuals at which con4 gregate nutrition services are provided, and

5 ‘‘(I) provide for nutrition screening and,

6 where appropriate, for nutrition education and

7 counseling.

8 ‘‘CHAPTER 4—COMMUNITY SERVICE

9 EMPLOYMENT FOR OLDER AMERICANS

10 ‘‘SEC. 351. SHORT TITLE.

11 ‘‘This chapter may be cited as the ‘Older American

12 Community Service Employment Act of 1996’.

13 ‘‘SEC. 352. OLDER AMERICAN COMMUNITY SERVICE EM14 PLOYMENT PROGRAM.

15 ‘‘(a) AUTHORITY FOR PROGRAM.—(1) With funds al16 lotted under section 302(b), the Assistant Secretary shall

17 make grants to eligible States and tribal organizations for

18 the purpose of providing to unemployed low-income older

19 individuals who have poor employment prospects, employ20 ment opportunities in providing community services.

21 ‘‘(2)(A) Not less than 85 percent of each grant made

22 under paragraph (1) shall be used to pay wages and benefits

23 for older individuals who are employed under agreements

24 made under subsection (b).
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1 ‘‘(B) The amount of such grant remaining (if any)

2 after the application of section 302(c) and subparagraph

3 (A) may be used to pay other employment-related costs re4 lating to such individuals, including costs incurred—

5 ‘‘(i) to perform the assessment described in sub6 section (c)(2)(K),

7 ‘‘(ii) to provide the training described in sub8 section (c)(2)(H),

9 ‘‘(iii) to provide counseling to such individuals,

10 ‘‘(iv) to provide supportive services to such indi11 viduals,

12 ‘‘(v) to pay transportation costs,

13 ‘‘(vi) to evaluate such individuals for continued

14 participation in such employment,

15 ‘‘(vii) to pay incidental costs of attire and tools

16 for such individuals, necessarily incurred to enable

17 such individuals to participate in a project carried

18 out under an agreement made under subsection (b),

19 and

20 ‘‘(viii) to provide physical examinations to such

21 individuals.

22 ‘‘(C) To the maximum extent practicable, an entity

23 that carries out a project under an agreement made under

24 subsection (b) shall provide for the payment of the costs de25 scribed in subparagraph (B) from non-Federal sources.
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1 ‘‘(b) ELIGIBILITY FOR GRANTS.—To be eligible to re2 ceive a grant under subsection (a), a State or tribal organi3 zation shall submit to the Assistant Secretary an applica4 tion in such form and containing such information as the

5 Assistant Secretary may require by rule, including an as6 surance that such grant will be used by the State or tribal

7 organization to carry out projects (excluding projects in8 volving the construction, operation, or maintenance of any

9 facility used or to be used as a place for sectarian religious

10 instruction or worship) for the purpose specified in sub11 section (a) through the following types of agreements that

12 satisfy the requirements of subsection (c) and that provide

13 for meeting specifications and performance goals the State

14 or tribal organization shall establish:

15 ‘‘(1) Agreements may be made by the State or

16 tribal organization with—

17 ‘‘(A) public or nonprofit private agencies or

18 organizations,

19 ‘‘(B) political subdivisions of States having

20 elected or duly appointed governing officials (or

21 combinations of such political subdivisions),

22 ‘‘(C) tribal organizations,

23 ‘‘(D) area agencies on aging, and

24 ‘‘(E) national organizations, and State and

25 local affiliates of national organizations, that re-
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1 ceived funds in fiscal year 1995 under section

2 502 of the Older Americans Act of 1965,

3 to pay the cost of providing part-time employment to

4 older individuals described in subsection (a).

5 ‘‘(2) At the election of the State or tribal organi6 zation, not more than 5 percent of the grant received

7 under subsection (a) may be used to make agreements

8 with businesses (giving special consideration to busi9 nesses in growth industries) to pay not more than 50

10 percent of the cost of providing part-time or full-time

11 employment to older individuals described in sub12 section (a).

13 ‘‘(c) REQUIREMENTS.—Subject to subsection (d) this

14 subsection shall apply to agreements made under subsection

15 (b).

16 ‘‘(1) Each such agreement shall be made on a

17 competitive basis and after consideration of the fol18 lowing, as demonstrated by the entity that proposes to

19 carry out a project to provide employment to older

20 individuals described in subsection (a):

21 ‘‘(A) The ability of such entity to provide

22 community service employment and to satisfy

23 the requirements of this chapter.
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1 ‘‘(B) The ability to meet applicable speci2 fications and performance goals referred to in

3 subsection (b).

4 ‘‘(C) The ability to provide supportive serv5 ices to assist older individuals described in sub6 section (a) to participate in employment pro7 vided by the project.

8 ‘‘(D) The effective use of funds to be received

9 under such agreement, to pay administrative

10 costs of the project and to pay wages and benefits

11 for such individuals who are participating in

12 employment provided by the project.

13 ‘‘(2) Each such agreement shall provide that no

14 payment shall be made by the State or tribal organi15 zation toward the cost of the project unless the State

16 or tribal organization determines that the project, and

17 the entity that carries out the project, will satisfy all

18 of the following:

19 ‘‘(A)(i) The entity that carries out the

20 project will use funds received under such agree21 ment that are attributable to a grant made

22 under subsection (a) or any other Federal law,

23 to pay not more than 85 percent of the cost of

24 the project.
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1 ‘‘(ii) The non-Federal share of such cost will

2 be contributed in cash or in kind. In determin3 ing the amount of the non-Federal share, the As4 sistant Secretary may attribute fair market

5 value to services and facilities contributed from

6 non-Federal sources.

7 ‘‘(B) The project will provide employment

8 only for older individuals described in subsection

9 (a), except for necessary technical, administra10 tive, and supervisory personnel, but such person11 nel shall, to the fullest extent possible, be re12 cruited from among older individuals described

13 in subsection (a).

14 ‘‘(C)(i) If such agreement is made with a

15 State, the project will provide employment for

16 such individuals in the community in which

17 such individuals reside, or in nearby commu18 nities.

19 ‘‘(ii) If such agreement is made with a trib20 al organization, the project will provide employ21 ment for such individuals who are Indians resid22 ing on or near an Indian reservation.

23 ‘‘(D) The project (except with respect to an

24 agreement described in subsection (b)(2)) will

25 employ such individuals in services related to
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1 publicly owned and operated facilities and

2 projects, or related to projects sponsored by orga3 nizations (other than political parties) described

4 in section 501(c)(3) of the Internal Revenue Code

5 of 1986 that are exempt from taxation under sec6 tion 501(a) of such Code.

7 ‘‘(E) The project will contribute to the gen8 eral welfare of the community.

9 ‘‘(F) The project will—

10 ‘‘(i) result in an increase in employ11 ment opportunities over those opportunities

12 that would otherwise be available,

13 ‘‘(ii) not result in the displacement of

14 currently employed workers (including par15 tial displacement, such as a reduction in

16 the hours of nonovertime work or wages or

17 employment benefits), and

18 ‘‘(iii) not impair existing contracts or

19 result in the substitution of Federal funds

20 for other funds in connection with work

21 that would otherwise be performed.

22 ‘‘(G) The project will utilize methods of re23 cruitment and selection (including listing of job

24 vacancies with the employment agency operated

25 by any State or political subdivision thereof)
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1 that will ensure that the maximum number of

2 older individuals described in subsection (a) will

3 have an opportunity to participate in the

4 project.

5 ‘‘(H)(i) The project will include such train6 ing as may be necessary to make the most effec7 tive use of the skills and talents of such individ8 uals who are participating and assist in their

9 transition into employment for which no finan10 cial assistance is provided under this chapter,

11 and may provide for the payment of the reason12 able expenses of such individuals being trained.

13 ‘‘(ii) Unless the number of such individuals

14 in need of the training required by clause (i) is

15 sufficient to justify the establishment of a train16 ing program by the project, such training shall

17 be provided, to the maximum extent practicable,

18 by the project by placing such individuals in

19 training programs for which Federal or State

20 funds are provided under another law. Such in21 dividuals who participate in such training pro22 grams shall be deemed to have received the train23 ing required by clause (i).

24 ‘‘(I) The project will be established or ad25 ministered with the advice of individuals com-
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1 petent in the field of service in which employ2 ment is being provided, and of individuals who

3 are knowledgeable with regard to the needs of

4 older individuals.

5 ‘‘(J) The project may authorize payment for

6 reasonable transportation costs of older individ7 uals described in subsection (a) that may be in8 curred in employment in the project.

9 ‘‘(K) The project will prepare an assessment

10 of—

11 ‘‘(i) the participating older individ12 uals’ skills and talents,

13 ‘‘(ii) their need for supportive services,

14 and

15 ‘‘(iii) their ability to perform commu16 nity service employment,

17 except to the extent the project has, for the par18 ticular participant involved, an assessment of

19 such skills and talents, such need, or such capa20 bilities prepared recently pursuant to another

21 employment or training program.

22 ‘‘(L) The entity that carries out the project

23 will post in the project workplace a notice, and

24 will make available to each individual associated

25 with the project a written explanation, clarifying
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1 the law with respect to allowable and unallow2 able political activities under chapter 15 of title

3 5, United States Code, applicable to the project

4 and to each category of individuals associated

5 with the project.

6 ‘‘(M) In providing employment opportuni7 ties under the project, such entity will give prior8 ity to low-income individuals who are 60 years

9 of age or older.

10 ‘‘(d) SPECIAL CONSIDERATION.—(1) For purposes of

11 making agreements under subsection (b)(1), the State or

12 tribal organization shall give special consideration to enti13 ties that received funds under 502(b) of the Older Americans

14 Act of 1965 for fiscal year 1995 and that demonstrate effec15 tiveness in carrying out projects in fiscal year 1995 under

16 title V of such Act to provide employment opportunities for

17 older individuals.

18 ‘‘(2) For purposes of paragraph (1), such effectiveness

19 shall be deemed to be demonstrated if such entity dem20 onstrates that it has—

21 ‘‘(A) in existence coordination agreements or

22 other effective linkages between such entity and Fed23 eral, State, and local employment and training pro24 grams,
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1 ‘‘(B) in existence effective linkages between such

2 entity and private entities that promote employment

3 and training opportunities for older individuals,

4 ‘‘(C) a record of successfully placing such indi5 viduals in employment positions for which no finan6 cial assistance is provided under this chapter, and

7 ‘‘(D) a record of successfully meeting the need for

8 community service employment in the community

9 served by such entity in such community.

10 ‘‘(e) PREREQUISITE DETERMINATION.—(1) To effec11 tively carry out subsection (b) and after consultation with

12 the appropriate area agencies on aging and with other or13 ganizations that received funds under this chapter in the

14 preceding fiscal year, a State or tribal organization that

15 receives a grant under subsection (a) for a fiscal year shall

16 make a determination—

17 ‘‘(A) identifying the localities in the State, or on

18 an Indian reservation in the case of a tribal organi19 zation, in which projects described in subsection (b)

20 are most needed,

21 ‘‘(B) in making such determination, consider the

22 local employment situations and the types of skills

23 possessed by available local older individuals de24 scribed in subsection (a), and
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1 ‘‘(C) identify potential projects and the number

2 and percentage of such individuals in the local popu3 lation.

4 ‘‘(2) The State or tribal organization shall coordinate

5 the projects assisted under this chapter with—

6 ‘‘(A) other programs, projects, and activities car7 ried out under this Act,

8 ‘‘(B) federally supported job training programs,

9 and

10 ‘‘(C) other Federal and State employment pro11 grams,

12 to increase employment opportunities available to older in13 dividuals.

14 ‘‘(3) To the maximum extent practicable, the State

15 shall ensure that entities that carry out projects under

16 agreements made under subsection (b) provide employment

17 under this chapter to older individuals who immediately

18 before the effective date of this chapter were employees under

19 an agreement made under section 502(b) of the Older Amer20 icans Act of 1965.

21 ‘‘(f) EQUITABLE USE OF FUNDS.—To the maximum

22 extent practicable, the State shall use funds available to

23 carry out this chapter to make agreements under subsection

24 (b) in an equitable manner, taking into consideration the

25 number of eligible older individuals in the various geo-
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1 graphical areas and the relative distribution of such indi2 viduals among urban and rural areas.

3 ‘‘(g) PRIOR SUBMISSION OF PROJECT DESCRIPTION.—

4 Whenever an entity (other than an area agency on aging

5 for the planning and service area in which the project will

6 be conducted) conducts a project under an agreement made

7 under subsection (b) within a planning and service area

8 in a State, such entity shall conduct the project in consulta9 tion with the area agency on aging of the planning and

10 service area and shall submit to the area agency on aging,

11 not less than 30 days before undertaking the project, a de12 scription (including the location) of the project.

13 ‘‘(h) ALTERNATIVE WORK MODES; TECHNICAL AS14 SISTANCE.—States and tribal organizations may develop

15 alternatives for innovative work modes and provide tech16 nical assistance in creating employment opportunities

17 through work sharing and other experimental methods to

18 groups representing business and industry and workers, as

19 well as to individual employers, where appropriate.

20 ‘‘(i) REPORT.—If for a fiscal year a State or tribal

21 organization elects under subsection (b) to make agreements

22 described in paragraph (2) of such subsection, the State or

23 tribal organization shall submit to the Assistant Secretary

24 a report describing the projects carried out under such

25 agreements.
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1 ‘‘(j) RULES.—The Secretary shall issue, and amend

2 from time to time, rules that require States and tribal orga3 nizations that receive grants under subsection (a) to estab4 lish, to the maximum extent practicable, for projects carried

5 out under this chapter the goal of annually placing not less

6 than 20 percent of project participants in employment posi7 tions for which no financial assistance is provided under

8 this chapter.

9 ‘‘SEC. 353. PARTICIPANTS NOT FEDERAL EMPLOYEES.

10 ‘‘(a) PROJECT PARTICIPANTS.—Older individuals de11 scribed in section 352(a) who participate in a project as12 sisted under this chapter shall not be considered to be Fed13 eral employees as a result of such participation and shall

14 not be subject to the provisions of part III of title 5 of the

15 United States Code.

16 ‘‘(b) CONTRACTS.—No contract shall be entered into

17 under this chapter with a contractor who is, or whose em18 ployees are, under State law, exempted from operation of

19 the State workmen’s compensation law, generally applicable

20 to employees, unless the contractor shall undertake to pro21 vide either through insurance by a recognized carrier, or

22 by self-insurance, as authorized by State law, that the indi23 viduals employed under the contract shall enjoy workmen’s

24 compensation coverage equal to that provided by law for

25 covered employment.
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1 ‘‘SEC. 354. TREATMENT OF EMPLOYMENT ASSISTANCE FOR

2 PURPOSES OF FEDERAL HOUSING AND FOOD

3 STAMP PROGRAMS.

4 ‘‘Funds received by eligible older individuals from par5 ticipation in projects carried out under this chapter shall

6 not be considered to be income of such individuals for pur7 poses of determining the eligibility of such individuals, or

8 of any other individuals, to participate in any housing pro9 gram for which Federal funds may be available or for any

10 income determination under the Food Stamp Act of 1977.

11 ‘‘Subtitle B—Authorization of

12 Appropriations

13 ‘‘SEC. 381. AUTHORIZATION OF APPROPRIATIONS.

14 ‘‘(a) SUPPORTIVE SERVICES AND MULTIPURPOSE SEN15 IOR CENTERS.—There are authorized to be appropriated to

16 carry out chapter 2 of subtitle A $300,638,000 for fiscal

17 year 1997 and such sums as may be necessary for fiscal

18 years 1998, 1999, 2000, and 2001.

19 ‘‘(b) NUTRITION SERVICES.—There are authorized to

20 be appropriated to carry out chapter 3 of subtitle A

21 $461,111,000 for fiscal year 1997 and such sums as may

22 be necessary for fiscal years 1998, 1999, 2000, and 2001.

23 ‘‘(c) COMMUNITY SERVICE EMPLOYMENT.—There are

24 authorized to be appropriated to carry out chapter 4 of sub25 title A $350,000,000 for fiscal year 1997 and such sums
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1 as may be necessary for fiscal years 1998, 1999, 2000, and

2 2001.

3 ‘‘SEC. 382. ADDITIONAL FUNDS AVAILABLE FOR NUTRITION

4 SERVICES.

5 ‘‘(a) FUNDS AVAILABLE.—In addition to the amount

6 appropriated under section 381(b), and to provide nutrition

7 services under subtitle A and title II for each of the fiscal

8 years 1997, 1998, 1999, 2000, and 2001, the amount appro9 priated under subsection (e) for such fiscal year shall be

10 made available to the Assistant Secretary by the Secretary

11 of Agriculture.

12 ‘‘(b) DIVISION OF FUNDS.—The Assistant Secretary

13 shall divide the funds made available under subsection (a)

14 so that—

15 ‘‘(1) 98.9 percent of such funds is allotted in ac16 cordance with subsection (c) to provide nutrition serv17 ices under subtitle A, and

18 ‘‘(2) the balance is available to make grants

19 under title II to provide nutrition services.

20 ‘‘(c) ALLOTMENT BASED ON MEALS SERVED.—

21 ‘‘(1) IN GENERAL.—In providing funds for nu22 trition services under subsection (b)(1) for a fiscal

23 year, the Assistant Secretary shall allot such funds

24 among States based on number of meals served, as

25 specified in paragraph (2).
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1 ‘‘(2) CALCULATION.—The Assistant Secretary

2 shall allot to each State for a fiscal year the amount

3 that bears the same ratio to such 98.9 percent as the

4 number of meals served in the State under this section

5 or under section 311 of the Older Americans Act of

6 1965 (as in effect immediately before the effective date

7 of this section), as appropriate, for the preceding fis8 cal year bears to the number of meals served in all

9 States under this section or such section 311, as ap10 propriate, for such preceding fiscal year.

11 ‘‘(d) ELECTION TO RECEIVE COMMODITIES IN LIEU

12 OF CASH.—

13 ‘‘(1) ELECTION.—A State to which funds are al14 lotted under subsection (b)(1), or a recipient of a

15 grant referred to in subsection (b)(2), may elect to re16 ceive commodities in lieu of all or part of such funds

17 or of such grant.

18 ‘‘(2) PURCHASE OF COMMODITIES FROM THE

19 SECRETARY OF AGRICULTURE.—If a State or grant

20 recipient makes a timely election under paragraph

21 (1), the Assistant Secretary shall use the amount of

22 such funds designated by the State, or of such grant

23 designated by the grant recipient, to purchase com24 modities from the Secretary of Agriculture and to
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1 make such commodities available to the State or

2 grant recipient.

3 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are

4 authorized to be appropriated to carry out this section

5 $154,950,000 for fiscal year 1997 and such sums as may

6 be necessary for fiscal years 1998, 1999, 2000, and 2001.

7 ‘‘TITLE IV—NATIONAL SENIOR

8 VOLUNTEER SERVICE CORPS

9 ‘‘SEC. 401. STATEMENT OF PURPOSES.

10 ‘‘It is the purpose of—

11 ‘‘(1) this title to provide for the National Senior

12 Volunteer Service Corps, comprised of the Retired and

13 Senior Volunteer Program, the Foster Grandparent

14 Program, and the Senior Companion Program, that

15 empowers older individuals to contribute to their

16 communities through volunteer service, enhances the

17 lives of the volunteers and those whom they serve, and

18 provides communities with valuable services,

19 ‘‘(2) subtitle A, the Retired and Senior Volunteer

20 Program, to utilize the vast talents of older individ21 uals willing to share their experiences, abilities, and

22 skills in responding to a wide variety of community

23 needs,

24 ‘‘(3) subtitle B, the Foster Grandparent Pro25 gram, to afford low-income older individuals an op-
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1 portunity to provide supportive, individualized serv2 ices to children with exceptional or special needs, and

3 ‘‘(4) subtitle C, the Senior Companion Program,

4 to afford low-income older individuals the oppor5 tunity to provide personal assistance and companion6 ship to other older individuals through volunteer serv7 ice.

8 ‘‘Subtitle A—Retired and Senior

9 Volunteer Program

10 ‘‘SEC. 411. GRANTS AND CONTRACTS FOR VOLUNTEER

11 SERVICE PROJECTS.

12 ‘‘(a) AUTHORITY TO MAKE GRANTS AND CON13 TRACTS.—To carry out a Retired and Senior Volunteer

14 Program under this subtitle to help retired individuals and

15 working older individuals to avail themselves of opportuni16 ties for volunteer service in their community, the Assistant

17 Secretary may make grants to State agencies, or grants to

18 or contracts with other public and nonprofit private agen19 cies and organizations, to pay part or all of the costs for

20 the development, operation, or both, of volunteer service

21 projects under this subtitle, if the Assistant Secretary deter22 mines, in accordance with rules the Assistant Secretary

23 shall prescribe, the following:

24 ‘‘(1) LIMITATION ON REIMBURSEMENT.—Volun25 teers will not be reimbursed for other than transpor-
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1 tation, meals, and other out-of-pocket expenses inci2 dent to providing services under this subtitle.

3 ‘‘(2) ELIGIBLE INDIVIDUALS.—Only older indi4 viduals will be enrolled, and individuals 60 years of

5 age or older will be given priority for enrollment, as

6 volunteers to provide services under this subtitle (ex7 cept for administrative purposes) in the communities

8 where such individuals reside or in nearby commu9 nities in either—

10 ‘‘(A) publicly owned and operated facilities

11 or projects, or

12 ‘‘(B) local projects sponsored by nonprofit

13 private agencies and organizations (other than

14 political parties), other than projects involving

15 the construction, operation, or maintenance of so

16 much of any facility as is used, or is to be used

17 for sectarian instruction or as a place for reli18 gious worship,

19 ‘‘(3) TRAINING.—Such projects include such

20 short-term training as may be necessary to make the

21 most effective use of the skills and talents of partici22 pating volunteers and individuals, and provide for

23 the payment of the reasonable expenses of such volun24 teers while undergoing such training, and
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1 ‘‘(4) ADVICE REQUIRED.—Such projects are

2 being established and will be carried out with the ad3 vice of persons competent in the fields of service in4 volved, and persons with interest in and knowledge of

5 the needs of older individuals.

6 ‘‘(b) LOCAL CONTRIBUTION.—The required local con7 tribution (including any in-kind contribution) to the cost

8 of a project for which a grant or contract is made under

9 this section shall be—

10 ‘‘(1) 10 percent in the 1st year for which such

11 grant or contract is made for such project,

12 ‘‘(2) 20 percent in the 2nd year for which such

13 grant or contract is made for such project, and

14 ‘‘(3) 30 percent in any subsequent year for which

15 such grant or contract is made for such project,

16 except that the Assistant Secretary may waive all or part

17 of such local contribution in cases of demonstrated need,

18 determined (in accordance with rules which the Assistant

19 Secretary shall issue) on the basis of the financial capabil20 ity of a particular recipient of such grant or contract, to

21 permit a lesser local contribution than any required per22 centage contribution established by the Assistant Secretary

23 in generally applicable rules.

24 ‘‘(c) STATE REVIEW OF APPLICATION.—The Assistant

25 Secretary shall not make a grant to or contract with any
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1 agency or organization under this subtitle for a project in

2 any State unless, if such State has a State agency des3 ignated under section 303(a)(1), such State agency is the

4 recipient of the grant or contract, or such State agency has

5 been afforded at least 45 days in which to review the project

6 application and make recommendations thereon.

7 ‘‘(d) SERVICE NOT DEEMED EMPLOYMENT.—Notwith8 standing any other provision of law, volunteer service under

9 this subtitle shall not be deemed to be employment for any

10 purpose which the Assistant Secretary finds is not fully con11 sistent with the provisions, and in furtherance, of the pur12 pose of this subtitle.

13 ‘‘Subtitle B—Foster Grandparent

14 Program

15 ‘‘SEC. 421. GRANTS AND CONTRACTS FOR VOLUNTEER

16 SERVICE PROJECTS.

17 ‘‘(a) AUTHORITY TO MAKE GRANTS AND CON18 TRACTS.—(1)(A) To carry out a Foster Grandparent Pro19 gram under this subtitle, the Assistant Secretary may make

20 grants to or contracts with public and nonprofit private

21 agencies and organizations to pay part or all of the cost

22 of development and operation of projects (including direct

23 payments to individuals serving under this subtitle) de24 signed to provide opportunities for low-income older indi25 viduals to serve as foster grandparents under this subtitle
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1 to provide supportive person-to-person services in health,

2 education, welfare, and related settings to children having

3 exceptional needs. Such services may include services by

4 older individuals serving as foster grandparents under this

5 subtitle to children who are individuals with disabilities,

6 who have chronic health conditions, who are receiving care

7 in hospitals, who are residing in homes for dependent and

8 neglected children, or who are receiving services provided

9 by day-care centers, schools, early intervention programs

10 under part H of the Individuals with Disabilities Edu11 cation Act (20 U.S.C. 1471 et seq.), Head Start agencies

12 under the Head Start Act (20 U.S.C. 9831 et seq.), or any

13 of a variety of other programs, establishments, and institu14 tions providing services for children with special or excep15 tional needs. Older individuals serving as foster grand16 parents under this subtitle may provide person-to-person

17 services to one or more children, depending on the needs

18 of the project and local site.

19 ‘‘(B) Only older individuals will be enrolled, and indi20 viduals 60 years of age or older will be given priority for

21 enrollment as volunteers to provide services under this sub22 title.

23 ‘‘(2)(A) The Assistant Secretary may provide assist24 ance in excess of 90 percent of the cost of the development

25 and operation of such projects only if the Assistant Sec-
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1 retary determines, in accordance with rules the Assistant

2 Secretary shall issue establishing objective criteria, that

3 such action is required in furtherance of the purpose of this

4 subtitle.

5 ‘‘(B) In the case of any project with respect to which,

6 before September 19, 1972, a grant or contract has been

7 made under section 611(a) of the Older Americans Act of

8 1965, as in effect before that date or with respect to any

9 project under the Foster Grandparent program in effect be10 fore September 17, 1969, contributions in cash or in kind

11 from the Bureau of Indian Affairs of the Department of

12 the Interior toward the cost of the project may be counted

13 as part of the cost thereof which is met from non-Federal

14 sources.

15 ‘‘(b) SELECTION OF RECIPIENT CHILDREN.—(1) Any

16 public or nonprofit private agency or organization respon17 sible for providing person-to-person services to a child in

18 a project carried out under subsection (a) shall have the

19 exclusive authority to determine, pursuant to paragraph

20 (2)—

21 ‘‘(A) which children may receive supportive per22 son-to-person services under such project, and

23 ‘‘(B) the period of time during which such serv24 ices shall be continued in the case of each individual

25 child.
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1 ‘‘(2) If such agency or organization determines that

2 it is in the best interests of a mentally retarded child receiv3 ing, and of a particular foster grandparent providing, serv4 ices in such a project, such relationship may be continued

5 after the child reaches the chronological age of 21 if such

6 child was receiving such services before attaining the chron7 ological age of 21. If the particular foster grandparent sub8 ject to the determination under this paragraph becomes un9 available to serve after such determination is made, such

10 agency or organization may select another foster grand11 parent.

12 ‘‘(3) Any determination made by a public or nonprofit

13 private agency or organization under paragraphs (1) and

14 (2) shall be made through mutual agreement by all parties

15 involved with respect to the provision of services to the child

16 involved.

17 ‘‘(c) ALLOWANCES, STIPENDS, AND OTHER SUP18 PORT.—(1) The Assistant Secretary, in accordance with

19 rules the Assistant Secretary shall issue, may provide to

20 low-income older individuals serving as foster grandparents

21 under this subtitle, such allowances, stipends, and other

22 support as the Assistant Secretary determines are necessary

23 to carry out the purpose of this subtitle.

24 ‘‘(2) Any stipend or allowance provided under this sec25 tion shall be not less than $2.45 per hour and shall be ad-
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1 justed once before December 31, 1997, to account for infla2 tion, as determined by the Assistant Secretary and rounded

3 to the nearest 5 cents, except that—

4 ‘‘(A) such stipend or allowance shall not be in5 creased as a result of an amendment made to this

6 paragraph unless the funds appropriated for carrying

7 out this subtitle are sufficient to maintain for the fis8 cal year in question a number of participants to serve

9 under this subtitle at least equal to the number of

10 such participants serving during the preceding fiscal

11 year, and

12 ‘‘(B) if sufficient appropriations for any fiscal

13 year are not available to increase any such stipend

14 or allowance provided to the minimum hourly rate

15 specified in this paragraph, the Assistant Secretary

16 shall increase the stipend or allowance to such

17 amount as appropriations for such year permit con18 sistent with subparagraph (A).

19 ‘‘(3) In establishing the amount of, and the effective

20 date for, an adjustment under paragraph (2), the Assistant

21 Secretary, in consultation with appropriate Federal agen22 cies, shall consider the effect such adjustment will have on

23 the ability of nonfederally funded volunteer programs simi24 lar to the programs under this title to maintain their cur25 rent level of volunteer hours.
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1 ‘‘(d) SPECIAL CONSIDERATION.—Older individuals

2 whose income is described in section 102(34)(B)(ii) shall

3 be given special consideration for participation in projects

4 under this subtitle.

5 ‘‘(e) VOLUNTEERS WHO ARE NOT LOW-INCOME

6 OLDER INDIVIDUALS.—(1)(A) Except as provided in sub7 paragraphs (B) and (C), individuals who are not low-in8 come older individuals may serve as volunteers under this

9 subtitle, in accordance with such rules as the Assistant Sec10 retary shall issue, if such individuals serve without receiv11 ing any allowance, stipend, or other financial support

12 under this subtitle except reimbursement for transportation,

13 meals, and out-of-pocket expenses incident to serving under

14 this subtitle.

15 ‘‘(B) The rules issued by the Assistant Secretary to

16 carry out this subtitle (other than any rules relating to al17 lowances, stipends, and other financial support authorized

18 by subsection (c) to be paid under this subtitle to low-in19 come older individuals) shall apply to all individuals who

20 provide services under this subtitle, without regard to

21 whether such individuals are eligible to receive a stipend

22 under such subsection.

23 ‘‘(C) Individuals who are not low-income older indi24 viduals may not serve as volunteers under this subtitle in
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1 any community in which there are volunteers serving under

2 subtitle A unless—

3 ‘‘(i) such individuals were referred previously for

4 possible placement as volunteers under subtitle A, and

5 ‘‘(ii) such placement did not occur.

6 ‘‘(2)(A) Except as provided in subparagraph (B), each

7 recipient of a grant or contract to carry out a project under

8 this subtitle shall give equal treatment to all individuals

9 who provide services under such project, without regard to

10 whether such individuals are eligible to receive a stipend

11 under subsection (c).

12 ‘‘(B) An individual who is not a low-income older in13 dividual may not provide services under this subtitle if al14 lowing such individual to provide services under this sub15 title would prevent a low-income older individual from be16 ginning to participate in providing services under this sub17 title or would displace a low-income older individual from

18 providing services under this subtitle.

19 ‘‘(3) The Assistant Secretary may not require as a con20 dition of receiving a grant or contract to carry out a project

21 under this subtitle, any applicant for such grant or con22 tract—

23 ‘‘(A) to accept or to recruit individuals who are

24 not low-income older individuals to provide services

25 under this subtitle, or
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1 ‘‘(B) to solicit locally generated contributions, in

2 cash or in kind, to support such individuals.

3 The Assistant Secretary may not coerce any applicant for

4 or recipient of such grant or contract to engage in conduct

5 described in subparagraph (A) or (B), and may not take

6 into consideration whether such applicant or such recipient

7 engages in such conduct.

8 ‘‘(4) Funds appropriated to carry out this subtitle may

9 not be used to pay any cost, including any administrative

10 cost, incurred in connection with volunteers under this sub11 title who do not receive a stipend under subsection (d). Such

12 cost incurred with respect to a volunteer may be paid

13 with—

14 ‘‘(A) funds received by the Assistant Secretary as

15 unrestricted gifts,

16 ‘‘(B) funds received by the Assistant Secretary as

17 gifts to pay such cost,

18 ‘‘(C) funds contributed by such volunteer, or

19 ‘‘(D) in the discretion of the recipient of a grant

20 or contract under such subsection, locally generated

21 contributions in excess of the amount required by sub22 section (a) to be contributed to pay the non-Federal

23 cost of the project in which such volunteer partici24 pates.
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1 ‘‘Subtitle C—Senior Companion

2 Volunteer Program

3 ‘‘SEC. 431. GRANTS AND CONTRACTS FOR VOLUNTEER

4 SERVICE PROJECTS.

5 ‘‘(a) AUTHORITY TO MAKE GRANTS AND CON6 TRACTS.—(1) To carry out a Senior Companion Volunteer

7 Program under this subtitle, the Assistant Secretary may

8 make grants to or contracts with public and nonprofit pri9 vate agencies and organizations to pay part or all of the

10 cost of development and operation of projects (including di11 rect payments to individuals serving under this subtitle in

12 the same manner as provided in section 421(a)) designed

13 to provide opportunities for low-income older individuals

14 to provide services under this subtitle as senior companion

15 volunteers to individuals with exceptional needs.

16 ‘‘(2) Only older individuals will be enrolled, and indi17 viduals 60 years of age or older will be given priority for

18 enrollment, as volunteers to provide services under this sub19 title.

20 ‘‘(3) Senior companion volunteers may provide serv21 ices designed to help individuals 60 years of age or older

22 who require—

23 ‘‘(A) long-term care, including services to such

24 individuals who receive home health care, nursing
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1 care, and home-delivered nutrition services or other

2 nutritional services,

3 ‘‘(B) services designed to help individuals dein4 stitutionalized from mental hospitals, nursing homes,

5 and other institutions, and

6 ‘‘(C) services designed to assist individuals who

7 have developmental disabilities and other special

8 needs for companionship.

9 ‘‘(b) OTHER PROVISIONS APPLICABLE.—Subsections

10 (a)(2)(A), (c), (d), and (e) of section 421, and such other

11 provisions of subtitle B as the Assistant Secretary may de12 termine to be necessary, shall apply to this subtitle, except

13 that for purposes of this subtitle any reference to subtitle

14 B in such subsections and such provisions shall be deemed

15 to be a reference to this subtitle.

16 ‘‘(c) HOME-BOUND INDIVIDUALS.—The Assistant Sec17 retary may make grants or contracts under subsection (a)

18 for senior companion volunteer projects to assist homebound

19 individuals 60 years of age or older to remain in their own

20 homes and to enable institutionalized individuals 60 years

21 of age or older to return to home-care settings.
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1 ‘‘Subtitle D—General Provisions

2 ‘‘SEC. 441. PROMOTION OF NATIONAL SENIOR VOLUNTEER

3 SERVICE CORPS.

4 ‘‘(a) CONSULTATION.—(1) In carrying out this title,

5 the Assistant Secretary shall consult with Federal agencies

6 administering related programs with a view to achieving

7 optimal coordination with such other programs, and shall

8 promote the coordination of projects under this title with

9 other public or private programs or projects carried out at

10 State and local levels. Such Federal agencies shall cooperate

11 with the Assistant Secretary in disseminating information

12 about the availability of assistance under this title and in

13 promoting the identification and interest of low-income

14 older individuals and other older individuals whose services

15 may be utilized in projects under this title.

16 ‘‘(2) To the maximum extent practicable, the Assistant

17 Secretary shall enter into agreements—

18 ‘‘(A)(i) to involve retired and senior volunteers

19 and foster grandparents in Head Start programs,

20 ‘‘(ii) to involve retired and senior volunteers and

21 senior companion volunteers in providing services au22 thorized by titles II and III, and

23 ‘‘(iii) to promote the recognition of such volun24 teers who are qualified to provide in-home services for
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1 reimbursement under title XVIII of the Social Secu2 rity Act for providing such services,

3 ‘‘(B) with the Department of Education to pro4 mote intergenerational tutoring and mentoring for at5 risk children, and

6 ‘‘(C) with the Environmental Protection Agency

7 to support conservation efforts.

8 ‘‘(b) EFFORTS TO EXPAND PARTICIPATION.—(1) In

9 carrying out this title, the Assistant Secretary shall encour10 age and facilitate the efforts of private organizations to pro11 mote the programs established in subtitles A, B, and C and

12 the involvement of older individuals as volunteers in such

13 programs.

14 ‘‘(2) The Assistant Secretary shall take appropriate

15 actions to ensure that special efforts are made to publicize

16 the programs established in subtitles A, B, and C, in order

17 to facilitate recruitment efforts, to encourage greater par18 ticipation of volunteers, and to emphasize the value of vol19 unteering to the health and well-being of volunteers and the

20 communities of such volunteers. Such actions shall include

21 informing recipients of grants and contracts under this title

22 of all informational materials available from the Assistant

23 Secretary.
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1 ‘‘(3) From funds appropriated under section 491, the

2 Assistant Secretary shall expend not less than $375,000 in

3 each fiscal year to carry out paragraph (2).

4 ‘‘SEC. 442. PAYMENTS.

5 ‘‘Payments under this title pursuant to a grant or con6 tract may be made (after necessary adjustment, in the case

7 of grants, on account of previously made overpayments or

8 underpayments) in advance or by way of reimbursement,

9 in such installments and on such conditions, as the Assist10 ant Secretary may determine.

11 ‘‘SEC. 443. USE OF LOCALLY GENERATED CONTRIBUTIONS

12 IN NATIONAL SENIOR VOLUNTEER SERVICE

13 CORPS.

14 ‘‘Whenever locally generated contributions made to vol15 unteer projects for older individuals under this title are in

16 excess of the amount required by the Assistant Secretary,

17 the Assistant Secretary may not restrict the manner in

18 which contributions are expended if expenditures from lo19 cally generated contributions are not inconsistent with the

20 provisions of this title.

21 ‘‘SEC. 444. ADJUSTMENTS TO FEDERAL FINANCIAL ASSIST22 ANCE; REPORTS.

23 ‘‘(a) ADJUSTMENTS.—(1)(A) In determining the

24 amount of Federal financial assistance to be provided under

25 this title to applicants, the Assistant Secretary shall con-
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1 sider the impact of changes in the Consumer Price Index

2 For All Urban Consumers published by the Bureau of Labor

3 Statistics of the Department of Labor on the administrative

4 costs of operating the projects for which such assistance will

5 be provided.

6 ‘‘(B) The Assistant Secretary shall, to the maximum

7 extent practicable, make appropriate adjustments in the

8 amount referred to in subparagraph (A) to ensure the effec9 tive administration of such projects.

10 ‘‘(2) The Assistant Secretary shall take reasonable ac11 tions to inform applicants for such assistance that such ad12 justments may be available.

13 ‘‘(b) REPORTS.—The Assistant Secretary shall submit,

14 at 2-year intervals, to the Committee on Economic and

15 Educational Opportunities of the House of Representatives

16 and the Committee on Labor and Human Resources of the

17 Senate, a report on the extent to which adjustments are

18 made under subsection (a).

19 ‘‘SEC. 445. MULTIYEAR GRANTS OR CONTRACTS.

20 ‘‘(a) COMPLIANCE; FUNDING.—(1) Subject to para21 graph (2) and the availability of funds, the Assistant Sec22 retary may make a grant or enter into a contract under

23 subtitle A, B, or C for a period not to exceed 3 years. Each

24 applicant who receives a grant, or enters into a contract,

25 under such subtitle for a period exceeding 1 year shall com-
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1 ply with such rules as the Assistant Secretary may issue

2 to require such applicant—

3 ‘‘(A) to demonstrate that such applicant is in

4 compliance with such subtitle and with the terms and

5 conditions of such grant or contract, and

6 ‘‘(B) to provide information to update the appli7 cation submitted to obtain such grant or contract.

8 ‘‘(2) If the amount appropriated for any fiscal year

9 to carry out subtitle A, B, or C in a period during which

10 multiyear grants or contracts are in effect under such sub11 title is less than the amount appropriated to carry out such

12 subtitle in the first fiscal year in such period, then the

13 amounts payable under all such grants and contracts in

14 effect in such period under such part shall be reduced pro

15 rata.

16 ‘‘(b) SAVINGS.—The Assistant Secretary shall require

17 each applicant for a multiyear grant or contract under this

18 section, to document or describe in the application any

19 meaningful administrative savings that will result from

20 such multiyear grant or contract.

21 ‘‘(c) ALTERNATIVE CONSIDERATION.—If an applicant

22 does not receive a multiyear grant or contract under this

23 section, the Assistant Secretary shall consider such appli24 cant for a single-year grant or contract.
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1 ‘‘(d) SIMILAR TREATMENT.—If the Assistant Secretary

2 approves an application for a contract or grant to carry

3 out a project for a multiyear period as referred to in sub4 section (a), the Assistant Secretary shall ensure that such

5 project shall be treated in the same manner as a single6 year contract or grant with respect to—

7 ‘‘(1) the overall level of funding for such project,

8 ‘‘(2) any adjustments to Federal financial assist9 ance that may be available under section 444, and

10 ‘‘(3) the renewal of funding on the expiration of

11 the term of such contract or grant.

12 ‘‘Subtitle E—Administration and

13 Coordination

14 ‘‘SEC. 461. ADMINISTRATIVE STRUCTURE.

15 ‘‘To administer this title, the Assistant Secretary shall

16 establish in the Administration an organizational structure

17 that, to the maximum extent practicable, retains the organi18 zational structure that existed to carry out title II of the

19 Domestic Volunteer Service Act of 1973 as in effect imme20 diately before the effective date of this Act. Such structure

21 shall include State offices, and multistate regional offices,

22 that have responsibilities under this title that are similar

23 to the responsibilities of such offices had under such Act.
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1 ‘‘SEC. 462. POLITICAL ACTIVITIES.

2 ‘‘(a) PROHIBITION.—No part of any funds appro3 priated to carry out this title shall be used—

4 ‘‘(1) to finance, directly or indirectly—

5 ‘‘(A) any activity designed to influence the

6 outcome of any election to Federal office or the

7 outcome of any election to any State or local

8 public office, or

9 ‘‘(B) any voter registration activity, or

10 ‘‘(2) to pay the salary of any officer or employee

11 of the Administration, who engages in any such activ12 ity in an official capacity as such an officer or em13 ployee.

14 ‘‘(b) LIMITATION ON USE OF PERSONNEL.—Programs

15 assisted under this title shall not be carried on in a manner

16 involving the use of funds, the provision of services, or the

17 employment or assignment of personnel in a manner sup18 porting or resulting in the identification of such programs

19 with—

20 ‘‘(1) any partisan or nonpartisan political activ21 ity associated with a candidate, or a contending fac22 tion or group, in an election for public or party of23 fice,

24 ‘‘(2) any activity to provide voters or prospective

25 voters with transportation to the polls or similar as26 sistance in connection with any such election, or
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1 ‘‘(3) any voter registration activity.

2 ‘‘(c) PROHIBITION OF CERTAIN ACTIVITIES RELATING

3 TO LEGISLATION.—No funds appropriated to carry out this

4 title shall be used by any program assisted under this title

5 in any activity for the purpose of influencing the passage

6 or defeat of legislation or proposals by initiative petition,

7 except—

8 ‘‘(1) in any case in which a legislative body, a

9 committee of a legislative body, or a member of a leg10 islative body requests any volunteer in, or employee

11 of, such a program to draft, review, or testify regard12 ing measures or to make representations to such legis13 lative body, committee, or member, or

14 ‘‘(2) in connection with an authorization or ap15 propriations measure directly affecting the operation

16 of the program.

17 ‘‘(d) ENFORCEMENT.—The Assistant Secretary, after

18 consultation with the Office of Personnel Management, shall

19 issue rules to provide for the enforcement of this section,

20 which shall include provisions for summary suspension of

21 assistance for not more than 30 days until notice and an

22 opportunity to be heard can be provided or other action

23 necessary to permit enforcement on an emergency basis can

24 be taken.
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1 ‘‘SEC. 463. SPECIAL LIMITATIONS.

2 ‘‘(a) ISSUANCE OF RULES.—The Assistant Secretary

3 shall issue rules and shall carry out this title so as to ensure

4 that the service of volunteers assigned, referred, or serving

5 pursuant to grants, contracts, or agreements made under

6 this title is limited to activities that would not otherwise

7 be performed by employed workers and that will not sup8 plant the hiring of or result in the displacement of employed

9 workers, or impair existing contracts for service.

10 ‘‘(b) COST REQUIREMENT.—All support, including

11 transportation provided to volunteers under this title, shall

12 be furnished at the lowest possible cost consistent with the

13 effective operation of volunteer programs assisted under this

14 title.

15 ‘‘(c) PROHIBITION RELATING TO COMPENSATION.—No

16 agency or organization to which volunteers are assigned

17 under this title, or which operates or supervises any volun18 teer program under this title, shall request or receive any

19 compensation from such volunteers or from beneficiaries for

20 services of such volunteers provided or supervised by such

21 agency or organization.

22 ‘‘(d) PROHIBITION RELATING TO LABOR ACTIVITY.—

23 No funds authorized to be appropriated to carry out this

24 title shall be directly or indirectly used to finance labor or

25 anti-labor organization or related activity.
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1 ‘‘(e) INFORMATION ON VOLUNTEER QUALIFICA2 TIONS.—Individuals serving as volunteers under this title

3 shall provide such information concerning their qualifica4 tions, including their integrity and their ability to perform

5 their assigned tasks, as the Assistant Secretary shall require

6 and shall be subject to such procedures for selection and ap7 proval as the Assistant Secretary determines are necessary

8 to carry out the purposes of this title. The Assistant Sec9 retary may establish such special procedures for the recruit10 ment, selection, training, and assignment of low-income

11 residents of the area to be served by a program under this

12 title who wish to become volunteers as the Assistant Sec13 retary determines will carry out the purposes of this title.

14 ‘‘SEC. 464. COORDINATION WITH OTHER PROGRAMS.

15 ‘‘The Assistant Secretary shall take necessary steps to

16 coordinate volunteer programs authorized under this title

17 with one another and shall consult with representatives of

18 the head of such programs, with community action pro19 grams, and with other related Federal, State, and local pro20 grams. The Assistant Secretary shall also consult with the

21 heads of other Federal, State, and local agencies responsible

22 for programs related to the purposes of this title in order

23 to encourage greater use of volunteer services in such pro24 grams and establish in connection with such programs sys25 tematic procedures for the recruitment, referral, or nec-
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1 essary preservice orientation or training of volunteers serv2 ing pursuant to this title. The Assistant Secretary (in con3 sultation with the Director of the Office of Personnel Man4 agement, the Secretary of Labor, the Secretary of Com5 merce, the Secretary of the Treasury, and officials of other

6 appropriate departments and agencies) shall take all appro7 priate steps to encourage State and local governments, char8 itable and service organizations, and private employers—

9 ‘‘(1) to take into account experience in volunteer

10 work in the consideration of applicants for employ11 ment, and

12 ‘‘(2) to make provision for the listing and de13 scription of volunteer work on all employment appli14 cation forms.

15 ‘‘SEC. 465. NOTICE AND HEARING PROCEDURES FOR SUS16 PENSION AND TERMINATION OF FINANCIAL

17 ASSISTANCE.

18 ‘‘(a) AUTHORITY.—The Assistant Secretary may, in

19 accordance with this section, suspend or terminate pay20 ments under any grant or contract providing assistance

21 under this title, whenever the Assistant Secretary deter22 mines there is a material failure to comply with the appli23 cable terms and conditions of any such grant or contract.

24 The Assistant Secretary shall establish procedures to ensure

25 that—
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1 ‘‘(1) assistance under this title shall not be sus2 pended for failure to comply with applicable terms

3 and conditions, except in emergency situations for 30

4 days,

5 ‘‘(2) an application for refunding under this

6 title may not be denied unless the recipient has been

7 given—

8 ‘‘(A) notice at least 75 days before the de9 nial of such application of the possibility of such

10 denial and the grounds for any such denial, and

11 ‘‘ (B) opportunity to show cause why such

12 action should not be taken,

13 ‘‘(3) in any case where an application for re14 funding is denied for failure to comply with the terms

15 and conditions of the grant or contract, the recipient

16 shall be afforded an opportunity for an informal

17 hearing before an impartial hearing officer who has

18 been agreed to by the recipient and the Assistant Sec19 retary, and

20 ‘‘(4) assistance under this title shall not be ter21 minated for failure to comply with applicable terms

22 and conditions unless the recipient has been afforded

23 reasonable notice and opportunity for a full and fair

24 hearing.
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1 ‘‘(b) LOCATION OF HEARING.—In order to assure equal

2 access to all recipients, such hearings or other meetings as

3 may be necessary to fulfill the requirements of this section

4 shall be held at locations convenient to the recipient agency.

5 ‘‘SEC. 466. DISTRIBUTION OF BENEFITS BETWEEN RURAL

6 AND URBAN AREAS.

7 ‘‘The Assistant Secretary shall establish appropriate

8 administrative measures to ensure that the benefits of and

9 services under this title will be distributed equitably be10 tween residents of rural areas and residents of urban areas.

11 ‘‘SEC. 467. VOLUNTEERS NOT FEDERAL EMPLOYEES.

12 ‘‘Volunteers under this title shall not be considered to

13 be Federal employees and shall not be subject to the provi14 sions of law relating to officers and employees of the Federal

15 Government and to Federal employment.

16 ‘‘SEC. 468. EVALUATION.

17 ‘‘(a) EVALUATION.—The Assistant Secretary may

18 measure and evaluate the impact of all programs, projects,

19 and activities authorized by this title, their effectiveness in

20 achieving stated goals in general, and in relation to their

21 cost, their impact on related programs, projects, and activi22 ties, and their structure and mechanisms for delivery of

23 services. Evaluations shall be conducted by persons not im24 mediately involved in the administration of the program

25 or project evaluated.
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1 ‘‘(b) SPECIFIC MATTERS FOR EVALUATION.—The As2 sistant Secretary may—

3 ‘‘(1) evaluate the impact that volunteers who

4 participate without receiving a stipend in programs,

5 projects, and activities under subtitles B and C, have

6 on such programs, projects, and activities, and shall

7 include in such evaluation—

8 ‘‘(A) information on administrative costs

9 associated with such volunteers,

10 ‘‘(B) a comparison of the quality of services

11 provided by such volunteers and the quality of

12 services provided by volunteers who receive a sti13 pend under such subtitles, including the rate of

14 absenteeism and turnover, and

15 ‘‘(C) a review of the effect that participa16 tion by volunteers who do not receive such sti17 pend have on the administration of such pro18 grams, projects, and activities, and

19 ‘‘(2) submit to the Committee on Economic and

20 Educational Opportunities of the House of Represent21 atives and the Committee on Labor and Human Re22 sources of the Senate a report summarizing in detail

23 the results of the evaluations made under paragraph

24 (1).
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1 ‘‘(c) PUBLICATION OF SUMMARIES.—The Assistant

2 Secretary shall publish summaries of the results of evalua3 tions of program, project, and activity impact and effective4 ness.

5 ‘‘(d) AVAILABILITY OF FUNDS.—The Assistant Sec6 retary may use such sums as are required, but not to exceed

7 1 percent of the funds appropriated to carry out this title,

8 to conduct program, project, and activity evaluations (di9 rectly, or by grant or contract) as authorized by this title.

10 ‘‘SEC. 469. ELIGIBILITY FOR OTHER BENEFITS.

11 ‘‘Notwithstanding any other provision of law, no reim12 bursement of out-of-pocket expenses made to individuals

13 serving pursuant to subtitles A, B, and C shall be subject

14 to any tax or charge or be treated as wages or compensation

15 for the purposes of unemployment, temporary disability, re16 tirement, public assistance, workers’ compensation or simi17 lar benefit payments, or minimum wage laws.

18 ‘‘SEC. 470. LEGAL EXPENSES.

19 ‘‘Notwithstanding any other provision of law and pur20 suant to rules which the Assistant Secretary shall issue,

21 counsel may be employed and counsel fees, court costs, bail,

22 and other expenses incidental to the defense of volunteers

23 may be paid in judicial and administrative proceedings to

24 which full-time volunteers (or part-time volunteers if such

25 proceedings arise directly out of the performance of activi-
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1 ties pursuant to this title), serving under this title have been

2 made parties.

3 ‘‘Subtitle F—Authorization of

4 Appropriations

5 ‘‘SEC. 491. AUTHORIZATION OF APPROPRIATIONS FOR PRO6 GRAMS.

7 ‘‘(a) RETIRED AND SENIOR VOLUNTEER PROGRAM.—

8 There are authorized to be appropriated to carry out sub9 title A, $40,300,000 for fiscal year 1997 and such sums as

10 may be necessary for each of the fiscal years 1998, 1999,

11 2000, and 2001.

12 ‘‘(b) FOSTER GRANDPARENT PROGRAM.—There are

13 authorized to be appropriated to carry out subtitle B,

14 $64,300,000 for fiscal year 1997 and such sums as may be

15 necessary for each of the fiscal years 1998, 1999, 2000, and

16 2001.

17 ‘‘(c) SENIOR COMPANION PROGRAM.—There are au18 thorized to be appropriated to carry out subtitle C,

19 $32,200,000 for fiscal year 1997, and such sums as may

20 be necessary for each of the fiscal years 1998, 1999, 2000,

21 and 2001.’’.

22 SEC. 4. CONFORMING AMENDMENTS.

23 (a) CONFORMING AMENDMENTS TO THE DOMESTIC

24 VOLUNTEER SERVICE ACT OF 1973.—The Domestic Volun-
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1 teer Service Act of 1973 (42 U.S.C. 4950–1585) is amend2 ed—

3 (1) in the table of contents by striking—

4 (A) the matter relating to title II,

5 (B) the items relating to sections 200

6 through 231, and

7 (C) the items relating to sections 418 and

8 502,

9 (2) by striking title II,

10 (3) in section 416(f)—

11 (A) in paragraph (1) by inserting ‘‘and’’ at

12 the end,

13 (B) by striking paragraph (2), and

14 (C) in paragraph (3)—

15 (i) by striking ‘‘paragraphs (1) and

16 (2)’’ and inserting ‘‘paragraph (1)’’, and

17 (ii) by redesignating paragraph (3) as

18 paragraph (2),

19 (4) by striking section 418,

20 (5) in section 421—

21 (A) in paragraph (2) by striking ‘‘and,’’

22 and all that follows through ‘‘Islands’’,

23 (B) by striking paragraphs (10), (14), (15),

24 and (18),
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1 (6) in section 501(c) by striking ‘‘, or under title

2 II,’’, and

3 (7) by striking section 502.

4 (b) CONFORMING AMENDMENTS TO OTHER LAWS.—(1)

5 Section 416(a) of the Agricultural Act of 1949 (7 U.S.C.

6 1431) is amended by striking ‘‘Older Americans Act of

7 1965’’ and inserting ‘‘Older Americans Act of 1996’’.

8 (2) Section 1114(a) of the Agriculture and Food Act

9 of 1981 (7 U.S.C. 1431e(a)) is amended—

10 (A) in paragraph (1) by striking ‘‘Older Ameri11 cans Act of 1965’’ each place it appears and inserting

12 ‘‘Older Americans Act of 1996’’, and

13 (B) in subparagraphs (C) and (D) of paragraph

14 (2) by striking ‘‘section 311(a)(4) of the Older Ameri15 cans Act of 1965 (42 U.S.C. 3030a(a)(4)’’ each place

16 it appears and inserting ‘‘chapter 3 of subtitle A of

17 title III of the Older Americans Act of 1996’’.

18 (3) Section 509(f)(5)(B) of the Rehabilitation Act of

19 1973 (29 U.S.C. 794e(f)(5)(B)) is amended by striking

20 ‘‘Older Americans Act of 1965’’ and inserting ‘‘Older Amer21 icans Act of 1996’’.

22 (4) The Job Training Partnership Act (29 U.S.C. 1501

23 et seq.) is amended—

24 (A) in section 204(d)—
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1 (i) in paragraph (4) by striking ‘‘title V of

2 the Older Americans Act of 1965 (42 U.S.C.

3 3056 et seq.)’’ and inserting ‘‘chapter 4 of sub4 title A of title III of the Older Americans Act of

5 1996’’, and

6 (ii) in paragraph (5)(B)(i) by striking

7 ‘‘title V of the Older Americans Act of 1965 (42

8 U.S.C. 3056 et seq.)’’ and inserting ‘‘chapter 4 of

9 subtitle A of title III of the Older Americans Act

10 of 1996’’,

11 (B) by amending section 205(a)(8) to read as

12 follows:

13 ‘‘(8) chapter 4 of subtitle A of title III of the

14 Older Americans Act of 1996;’’,

15 (C) in section 452(d)(1)(B)(iii) by striking

16 ‘‘Older Americans Act of 1965’’ and inserting ‘‘Older

17 Americans Act of 1996’’, and

18 (D) in section 455(b) by striking ‘‘title V of the

19 Older Americans Act of 1965 (42 U.S.C. 3056 et

20 seq.)’’ and inserting ‘‘chapter 4 of subtitle A of title

21 III of the Older Americans Act of 1996’’.

22 (5) The Social Security Act (42 U.S.C. 301 et seq.)

23 is amended—

24 (A) in section 1819—
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1 (i) in subsection (b)(4)(C)(ii)(IV) by strik2 ing ‘‘section 307(a)(12) of the Older Americans

3 Act of 1965’’ and inserting ‘‘section 304(a)(8) of

4 the Older Americans Act of 1996’’,

5 (ii) in subsection (c)(2)(B)(iii)(II) by strik6 ing ‘‘title III or VII of the Older Americans Act

7 of 1965 in accordance with section 712 of the

8 Act’’ and inserting ‘‘section 304(a)(8) of the

9 Older Americans Act of 1996’’, and

10 (iii) in subsection (g)(5)(B) by striking

11 ‘‘title III or VII of the Older Americans Act of

12 1965 in accordance with section 712 of the Act’’

13 and inserting ‘‘section 304(a)(8) of the Older

14 Americans Act of 1996’’, and

15 (C) in section 1919—

16 (i) in subsection (b)(4)(C)(ii)(IV) by strik17 ing ‘‘section 307(a)(12) of the Older Americans

18 Act of 1965’’ and inserting ‘‘section 304(a)(8) of

19 the Older Americans Act of 1996’’,

20 (ii) in subsection (c)(2)(B)(iii)(II) by strik21 ing ‘‘title III or VII of the Older Americans Act

22 of 1965 in accordance with section 712 of the

23 Act’’ and inserting ‘‘section 304(a)(8) of the

24 Older Americans Act of 1996’’, and
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1 (iii) in subsection (g)(5)(B) by striking

2 ‘‘title III or VII of the Older Americans Act of

3 1965 in accordance with section 712 of the Act’’

4 and inserting ‘‘section 304(a)(8) of the Older

5 Americans Act of 1996’’.

6 (6) Section 209 of the Housing and Community Devel7 opment Act of 1974 (42 U.S.C. 1438) is amended by strik8 ing ‘‘title III of the Older Americans Act of 1965’’ and in9 serting ‘‘chapter 1 of subtitle A of title III of the Older

10 Americans Act of 1996’’.

11 (7) Section 3803(c)(2)(C)(xi) of title 31 of the United

12 States Code is amended by striking ‘‘section 336 of the

13 Older Americans Act’’ and inserting ‘‘chapter 3 of subtitle

14 A of title III of the Older Americans Act of 1996’’.

15 (8) Section 4360(d)(1)(C)(ii) of the Omnibus Budget

16 Reconciliation Act of 1990 (42 U.S.C. 1395b–

17 4(d)(1)(C)(ii)) is amended by inserting ‘‘of 1996’’ after

18 ‘‘Older Americans Act’’.

19 (9) The National School Lunch Act (42 U.S.C. 1751

20 et seq.) is amended—

21 (A) in section 12(i) by striking ‘‘Older Ameri22 cans Act of 1965’’ and inserting ‘‘Older Americans

23 Act of 1996’’,

24 (B) in section 14—
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1 (i) in subsection (a)(1) by striking ‘‘Older

2 Americans Act of 1965’’ and inserting ‘‘Older

3 Americans Act of 1996’’, and

4 (ii) in subsection (c) by striking ‘‘section

5 311(a)(4) of the Older Americans Act of 1965

6 (42 U.S.C. 3030(a)(4)) or for cash payments in

7 lieu of such donations under section 311(b)(1) of

8 such Act (42 U.S.C. 3030(b)(1))’’ and inserting

9 ‘‘chapter 3 of subtitle A of title III of the Older

10 Americans Act of 1996’’, and

11 (C) in subsection (o)(3)(B) by striking ‘‘part C

12 of title III of the Older Americans Act of 1965’’ and

13 inserting ‘‘chapter 3 of subtitle A of title III of the

14 Older Americans Act of 1996’’.

15 (10) Section 2(a) of the Environmental Programs As16 sistance Act of 1984 (42 U.S.C. 4368a(a)) is amended by

17 striking ‘‘title V of the Older Americans Act of 1965’’ each

18 place it appears and inserting ‘‘chapter 4 of subtitle A of

19 title III of the Older Americans Act of 1996’’.

20 (11) Section 14(g) of the Noise Control Act of 1972

21 (42 U.S.C. 4913(g)) is amended by inserting ‘‘of 1996’’ after

22 ‘‘Older Americans Act’’.

23 (12) The Developmental Disabilities Assistance and

24 Bill of Rights Act (42 U.S.C. 6000 et seq.) is amended—
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1 (A) in section 124(b)(3) by inserting ‘‘of 1996’’

2 after ‘‘Older Americans Act’’, and

3 (B) in section 142(a)(2)(D)(ii) by striking

4 ‘‘Older Americans Act of 1965’’ and inserting ‘‘Older

5 Americans Act of 1996’’.

6 (13) Section 412(6) of the Energy Conservation in Ex7 isting Buildings Act of 1976 (42 U.S.C. 6862(6)) is amend8 ed by striking ‘‘paragraphs (4), (5), and (6), respectively,

9 of section 102 of the Older Americans Act of 1965’’ and

10 inserting ‘‘paragraphs (28), (29), and (50), respectively, of

11 the Older Americans Act of 1996’’.

12 (14) Subsections (c) and (d) of section 405 of the Con13 gregate Housing Services Act of 1978 (42 U.S.C. 8004) are

14 amended by striking ‘‘Older Americans Act of 1965’’ each

15 place it appears and inserting ‘‘Older Americans Act of

16 1996’’.

17 (15) The Cranston-Gonzalez National Affordable

18 Housing Act (42 U.S.C. 12701 et seq.) is amended—

19 (A) in section 802(d)(2)(B)(i) by striking ‘‘Older

20 Americans Act of 1965’’ and inserting ‘‘Older Ameri21 cans Act of 1996’’, and

22 (B) in section 803(d)(12) by striking ‘‘Older

23 Americans Act of 1965’’ and inserting ‘‘Older Ameri24 cans Act of 1996’’.
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1 (16) Section 675(c)(5) of the Community Services

2 Block Grant Act (42 U.S.C. 9904(c)(5)) is amended by

3 striking ‘‘Older Americans Act of 1965’’ and inserting

4 ‘‘Older Americans Act of 1996’’.

5 (17) The Alzheimer’s Disease and Related Dementias

6 Research Act of 1992 (42 U.S.C. 11201 et seq.) is amend7 ed—

8 (A) in subsection 934(b)(4) by striking ‘‘section

9 305(a) (1) and (2)(A) of the Older Americans Act of

10 1965 (42 U.S.C. 3025(a)(1) and (2)(A))’’ and insert11 ing ‘‘section 303(a)(2)(A) of the Older Americans Act

12 of 1996’’, and

13 (B) in section 962—

14 (i) in subsection (a)(1)(A)(iii) by striking

15 ‘‘Older Americans Act of 1965’’ and inserting

16 ‘‘Older Americans Act of 1996’’, and

17 (ii) in subsection (d) by striking ‘‘section

18 305(a)(1) of the Older Americans Act of 1965’’

19 and inserting ‘‘section 303(a)(1) of the Older

20 Americans Act of 1996’’.

21 (18) The National and Community Service Act of 1990

22 (42 U.S.C. 12501 et seq.) is amended—

23 (A) in section 179—
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1 (i) in subsection (a)(2)(A) by striking ‘‘and

2 National Senior Volunteer Corps programs’’ and

3 inserting ‘‘program’’, and

4 (ii) in subsection (g)—

5 (I) in paragraph (3) by striking ‘‘and

6 National Senior Volunteer Corps pro7 grams’’, and

8 (II) in paragraph (9) by striking ‘‘and

9 National Senior Volunteer Corps’’,

10 (B) by amending section 194(d) to read as fol11 lows:

12 ‘‘(d) ASSISTANT DIRECTOR FOR VISTA.—One of the

13 Managing Directors appointed under subsection (a) shall,

14 in accordance with applicable provisions of title 5, United

15 States Code, appoint 1 Assistant Director who shall report

16 directly to such Managing Director and who shall be re17 sponsible for programs carried out under parts A and B

18 of title I of the Domestic Volunteer Service Act of 1973 (the

19 Volunteers in Service to America (VISTA) program) and

20 other antipoverty programs under title I of that Act.’’, and

21 (C) in section 198 by striking subsection (r).

22 SEC. 5. FISCAL YEAR REFERENCES FOR FISCAL YEAR 1997.

23 Any reference in the Older Americans Act of 1996 to

24 ‘‘the preceding fiscal year’’ that applies with respect to

25 funds appropriated to carry out, or to the operation of a
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1 program, project, or activity to be carried out under, such

2 Act for fiscal year 1997 shall be deemed to be a reference

3 to funds appropriated to carry out, or to the operation of

4 the corresponding program, project, or activity carried out

5 under, the Older Americans Act of 1965 for fiscal year 1996.

6 SEC. 6. ISSUANCE OF RULES.

7 Not later than 180 days after the date of the enactment

8 of this Act, the Secretary of Health and Human Services

9 shall issue, and publish in the Federal Register, proposed

10 rules for the administration of the Older Americans Act of

11 1996. After allowing a reasonable period for public com12 ment on such proposed rules, and not later than 90 days

13 after such publication, the Secretary shall issue rules for

14 the administration of such Act.

15 SEC. 7. ENFORCEMENT AUTHORITY.

16 On and after October 1, 1996, the Secretary of Health

17 and Human Services shall have the authority to enforce

18 compliance with the requirements applicable to title II of

19 the Domestic Volunteer Service Act of 1973 and to funds

20 made available to carry out such title.

21 SEC. 8. TRANSFERS; SAVINGS PROVISIONS.

22 (a) TRANSFERS.—The Director of the Office of Man23 agement and Budget shall provide for the transfer to the

24 Administration on Aging for the purpose of implementing

25 title IV of the Older Americans Act of 1996, of personnel,
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1 assets, liabilities, grants, contracts, property, records, and

2 unexpended balances of appropriations, authorizations, al3 locations, and other funds held, used, arising, available, or

4 to be made available in connection with the implementation

5 of title II of the Domestic Volunteer Service Act of 1973

6 (42 U.S.C. 5000–5028a) by the Corporation for National

7 and Community Service.

8 (b) SAVINGS PROVISIONS.—(1) An amendment or re9 peal made by this Act shall not apply with respect to—

10 (A) powers, duties, functions, rights, claims, pen11 alties, or obligations applicable with respect to finan12 cial assistance provided before the effective date of

13 amendment or repeal, as the case may be, under the

14 provision of law so amended or so repealed, and

15 (B) judicial or administrative actions taken and

16 proceedings commenced before such effective date, or

17 authorized before such effective date to be taken or to

18 be commenced, under such provision.

19 (2) With respect to—

20 (A) the powers, duties, functions, rights, claims,

21 penalties, and obligations applicable to financial as22 sistance provided or authorized to be provided before

23 such effective date, and

24 (B) judicial or administrative actions taken and

25 proceedings commenced before such effective date, or
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1 authorized before such effective date to be taken or to

2 be commenced,

3 under title II of the Domestic Volunteer Service Act of 1973

4 (42 U.S.C. 5000–5028a), a reference to the ACTION Agency

5 or the Corporation for National and Community Service

6 shall be deemed to be a reference to the Administration on

7 Aging or the Secretary of Health and Human Services, as

8 appropriate.

9 (3) Except as provided in paragraph (2), the rules ap10 plicable to financial assistance provided under title II of

11 the Domestic Volunteer Service Act of 1973 (42 U.S.C.

12 5000–5028a) as in effect before October 1, 1996, shall—

13 (A) remain in effect with respect to such assist14 ance until such rules are modified or superseded by

15 rules issued by the Secretary of Health and Human

16 Services to carry out title IV of the Older Americans

17 Act of 1996, and

18 (B) apply with respect to financial assistance

19 provided under title IV of the Older Americans Act of

20 1996 until such rules are modified or superseded by

21 rules issued by the Secretary of Health and Human

22 Services to carry out such title.

23 SEC. 9. EFFECTIVE DATES.

24 (a) GENERAL EFFECTIVE DATE.—Except as provided

25 in subsection (b), this Act and the amendments made by
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1 this Act shall take effect on the date of the enactment of

2 this Act.

3 (b) SPECIAL EFFECTIVE DATE.—The amendments

4 made by sections 3, 4, and 5 shall take effect on October

5 1, 1996.