I

104TH CONGRESS

1ST SESSION H. R. 2570

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

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,

3 SECTION 1. SHORT TITLE.

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

5 Amendments of 1995’’.

6 SEC. 2. TABLE OF CONTENTS.

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

Sec. 1. Short title.

Sec. 2. Table of contents.
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Sec. 3. Amendment to the Older American Community Service Employment

Act for fiscal year 1996.

Sec. 4. Amendment to the Older Americans Act of 1965.

Sec. 5. Conforming amendments.

Sec. 6. Fiscal year references for fiscal year 1997.

Sec. 7. Issuance of rules.

Sec. 8. Application of amendments.

Sec. 9. Transfers; savings provisions.

Sec. 10. Effective dates.

1 SEC. 3. AMENDMENT TO THE OLDER AMERICAN COMMU2 NITY SERVICE EMPLOYMENT ACT FOR FIS3 CAL YEAR 1996.

4 The Older American Community Service Employ5 ment Act (42 U.S.C. 3056–3056i) is amended to read as

6 follows:

7 ‘‘SEC. 501. SHORT TITLE.

8 ‘‘This title may be cited as the ‘Older American Com9 munity Service Employment Act for Fiscal Year 1996’.

10 ‘‘SEC. 502. OLDER AMERICAN COMMUNITY SERVICE EM11 PLOYMENT PROGRAM.

12 ‘‘(a) AUTHORITY FOR PROGRAM.—(1) With funds al13 lotted under section 503, the Secretary shall make grants

14 to eligible States for the purpose of providing to unem15 ployed low-income older individuals who have poor employ16 ment prospects, part-time employment opportunities in

17 providing community services.

18 ‘‘(2)(A) Not less than 85 percent of each grant made

19 under paragraph (1) shall be used to pay wages and bene20 fits for older individuals who are employed under agree21 ments made under subsection (b).
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1 ‘‘(B) Not more than 10 percent of each of such

2 grants may be used for administrative costs incurred by

3 a State to carry out this title.

4 ‘‘(C) The amount of such grant remaining (if any)

5 after the application of subparagraphs (A) and (B) may

6 be used to pay other employment-related costs relating

7 such individuals, including costs incurred—

8 ‘‘(i) to perform the assessment described in

9 subsection (c)(10),

10 ‘‘(ii) to provide the training described in sub11 section (c)(2),

12 ‘‘(iii) to provide counseling to such individuals,

13 ‘‘(iv) to provide supportive services to such indi14 viduals,

15 ‘‘(v) to pay transportation costs,

16 ‘‘(vi) to evaluate such individuals for continued

17 participation in such employment,

18 ‘‘(vii) to pay incidental costs of attire and tools

19 for such individuals, necessarily incurred to enable

20 such individuals to participate in a project carried

21 out under an agreement made under subsection (b),

22 and

23 ‘‘(viii) to provide physical examinations to such

24 individuals.
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1 ‘‘(D) To the maximum extent practicable, an entity

2 that carries out a project under an agreement made under

3 subsection (b) shall provide for the payment of the costs

4 described in subparagraph (C) from non-Federal sources.

5 ‘‘(b) ELIGIBILITY FOR GRANTS.—(1) To be eligible

6 to receive a grant under subsection (a), a State shall sub7 mit to the Secretary an application in such form and con8 taining such information as the Secretary may require by

9 rule, including an assurance that such grant will be used

10 by the State to carry out projects (excluding projects in11 volving the construction, operation, or maintenance of any

12 facility used or to be used as a place for sectarian religious

13 instruction or worship) for the purpose specified in sub14 section (a) through agreements that satisfy the require15 ments of subsection (c).

16 ‘‘(2) Such agreements shall be made by the State

17 with—

18 ‘‘(A) the public or nonprofit private agencies or

19 organizations (excluding national organizations),

20 ‘‘(B) the agencies of State government, and the

21 political subdivisions of States having elected or duly

22 appointed governing officials (or combinations of

23 such political subdivisions),

24 ‘‘(C) the tribal organizations,

25 ‘‘(D) the area agencies on aging, and
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1 ‘‘(E) the State and local affiliates of national

2 organizations,

3 that expended in such State funds received in fiscal year

4 1995 under section 502 of this Act as in effect before the

5 date of the enactment of the Older Americans Amend6 ments of 1995.

7 ‘‘(3) Agreements made under this subsection by each

8 State shall provide that the grant made under subsection

9 (a) to the State will be distributed to the entities specified

10 in paragraph (2) proportionately among—

11 ‘‘(A) the entities specified in subparagraphs

12 (A), (B), (C), and (D) of such paragraph based on

13 their respective shares of the funds appropriated for

14 fiscal year 1995 received by such entities from the

15 Secretary of Labor to carry out this title, and

16 ‘‘(B) the affiliates specified in subparagraph

17 (E) of such paragraph based on their respective

18 parts of the shares of the funds appropriated for fis19 cal year 1995 received by their national organiza20 tions from the Secretary of Labor to carry out this

21 title.

22 ‘‘(c) REQUIREMENTS.—Each agreement made under

23 subsection (b) shall provide that no payment shall be made

24 by the State toward the cost of such project unless the
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1 State determines that such project, and the entity that

2 carries out such project, will satisfy all of the of following:

3 ‘‘(1)(A) The entity that carries out such project

4 will use funds received under such agreement that

5 are attributable to a grant made under subsection

6 (a) to pay not more than 90 percent of the cost of

7 such project.

8 ‘‘(B) The non-Federal share of such cost will be

9 contributed in cash or in kind. In determining the

10 amount of the non-Federal share, the Assistant Sec11 retary may attribute fair market value to services

12 and facilities contributed from non-Federal sources.

13 ‘‘(2) The project will provide employment only

14 for older individuals described in subsection (a), ex15 cept for necessary technical, administrative, and su16 pervisory personnel, but such personnel shall, to the

17 fullest extent possible, be recruited from among

18 older individuals described in subsection (a).

19 ‘‘(3) The project will provide employment for

20 such individuals in the community in which such in21 dividuals reside, or in nearby communities.

22 ‘‘(4) The project will employ such individuals in

23 services related to publicly owned and operated fa24 cilities and projects, or related to projects sponsored

25 by organizations (other than political parties) de-
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1 scribed in section 501(c)(3) of the Internal Revenue

2 Code of 1986 that are exempt from taxation under

3 subsection 501(a) of such Code.

4 ‘‘(5) The project will contribute to the general

5 welfare of the community.

6 ‘‘(6) The project will—

7 ‘‘(A) result in an increase in employment

8 opportunities over those opportunities that

9 would otherwise be available,

10 ‘‘(B) not result in the displacement of cur11 rently employed workers (including partial dis12 placement, such as a reduction in the hours of

13 nonovertime work or wages or employment ben14 efits), and

15 ‘‘(C) not impair existing contracts or result

16 in the substitution of Federal funds for other

17 funds in connection with work that would other18 wise be performed.

19 ‘‘(7) The project will utilize methods of recruit20 ment and selection (including listing of job vacancies

21 with the employment agency operated by any State

22 or political subdivision thereof) that will ensure that

23 the maximum number of older individuals described

24 in subsection (a) will have an opportunity to partici25 pate in the project.
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1 ‘‘(8) The project will include such training as

2 may be necessary to make the most effective use of

3 the skills and talents of such individuals who are

4 participating and assist in their transition into em5 ployment for which no financial assistance is pro6 vided under this title, and may provide for the pay7 ment of the reasonable expenses of such individuals

8 being trained.

9 ‘‘(9) The project will be established or adminis10 tered with the advice of individuals competent in the

11 field of service in which employment is being pro12 vided, and of individuals who are knowledgeable with

13 regard to the needs of older individuals.

14 ‘‘(10) The project may authorize payment for

15 reasonable transportation costs of older individuals

16 described in subsection (a) that may be incurred in

17 employment in the project.

18 ‘‘(11) The project will prepare an assessment

19 of—

20 ‘‘(A) the participating older individuals’

21 skills and talents,

22 ‘‘(B) their need for supportive services,

23 and

24 ‘‘(C) their ability to perform community

25 service employment,
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1 except to the extent such project has, for the par2 ticular participant involved, an assessment of such

3 skills and talents, such need, or such capabilities

4 prepared recently pursuant to another employment

5 or training program.

6 ‘‘(12) The entity that carries out such project

7 will post in the project workplace a notice, and will

8 make available to each individual associated with

9 such project a written explanation, clarifying the law

10 with respect to allowable and unallowable political

11 activities under chapter 15 of title 5, United States

12 Code, applicable to the project and to each category

13 of individuals associated with such project.

14 ‘‘(13) In providing employment opportunities

15 under the project, such entity will give priority to

16 low-income older individuals described in subsection

17 (a) who are 60 years of age or older.

18 ‘‘(d) PREREQUISITE DETERMINATIONS.—(1) To ef19 fectively carry out subsection (b), a State that receives a

20 grant under subsection (a) for fiscal year 1996 shall, after

21 consultation with the appropriate area agencies on aging,

22 make a determination,—

23 ‘‘(A) identifying the localities in which projects

24 described in subsection (b) are most needed,
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1 ‘‘(B) in making such determination, consider

2 the local employment situations and the types of

3 skills possessed by available local older individuals

4 described in subsection (a), and

5 ‘‘(C) identifying potential projects and the num6 ber and percentage of such individuals in the local

7 population.

8 ‘‘(2) The State shall coordinate the projects assisted

9 under this title with—

10 ‘‘(A) other programs, projects, and activities

11 carried out under this Act,

12 ‘‘(B) federally supported job training programs,

13 and

14 ‘‘(C) other Federal and State employment pro15 grams,

16 to increase job opportunities available to older individuals.

17 ‘‘(e) PRIOR SUBMISSION OF PROJECT DESCRIP18 TION.—Whenever a project entity (other than an area

19 agency on aging for the planning and service area in which

20 the project will be conducted) conducts a project under

21 an agreement made under subsection (b) within a plan22 ning and service area, such organization or such entity

23 shall conduct such project in consultation with the area

24 agency on aging designated for the planning and service

25 area and shall submit to the area agency on aging, not
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1 less than 30 days before undertaking the project, a de2 scription (including the location) of such project.

3 ‘‘(f) ALTERNATIVE WORK MODES; TECHNICAL AS4 SISTANCE.—The State may develop alternatives for inno5 vative work modes and provide technical assistance in cre6 ating job opportunities through work sharing and other

7 experimental methods to groups representing business and

8 industry and workers as well as to individual employers,

9 where appropriate.

10 ‘‘(g) RULES.—The Secretary shall issue, and amend

11 from time to time, rules that require States that receive

12 grants under subsection (a) to establish, to the maximum

13 extent practicable, for projects carried out under this title

14 the goal of annually placing not less than 20 percent of

15 project participants in employment positions for which no

16 financial assistance is provided under this title.

17 ‘‘SEC. 503. ALLOTMENT OF FUNDS FOR FISCAL YEAR 1996.

18 ‘‘(a) ALLOTMENT.—The amount of funds appro19 priated for fiscal year 1996 to carry out this title shall

20 be allotted by the Secretary proportionately among the

21 States based on their respective shares of the funds appro22 priated for fiscal year 1995 allotted to the States to carry

23 out this title.

24 ‘‘(b) REALLOTMENT.—If any funds allotted to a

25 State for fiscal year 1996 to carry out this title are not
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1 distributed to the State for such fiscal year, such funds

2 shall be reallotted under this section for such fiscal year

3 to the remaining States.

4 ‘‘SEC. 504. PARTICIPANTS NOT FEDERAL EMPLOYEES.

5 ‘‘(a) PROJECT PARTICIPANTS.—Older individuals de6 scribed in section 502(a) who participate in a project as7 sisted under this title shall not be considered to be Federal

8 employees as a result of such participation and shall not

9 be subject to the provisions of part III of title 5 of the

10 United States Code.

11 ‘‘(b) CONTRACTS.—No contract shall be entered into

12 under this title with a contractor who is, or whose employ13 ees are, under State law, exempted from operation of the

14 State workmen’s compensation law, generally applicable to

15 employees, unless the contractor shall undertake to pro16 vide either through insurance by a recognized carrier, or

17 by self-insurance, as authorized by State law, that the in18 dividuals employed under the contract shall enjoy work19 men’s compensation coverage equal to that provided by

20 law for covered employment.

21 ‘‘SEC. 505. DEFINITIONS.

22 ‘‘For purposes of this title:

23 ‘‘(1) COMMUNITY SERVICES.—The term ‘com24 munity services’ means—
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1 ‘‘(A) social, health, welfare, and edu2 cational services (particularly literacy tutoring),

3 ‘‘(B) legal and other counseling services

4 and assistance, including tax counseling and as5 sistance and financial counseling,

6 ‘‘(C) library, recreational, and other simi7 lar services,

8 ‘‘(D) conservation, maintenance, or res9 toration of natural resources,

10 ‘‘(E) community betterment or beautifi11 cation,

12 ‘‘(F) antipollution and environmental qual13 ity efforts,

14 ‘‘(G) weatherization activities,

15 ‘‘(H) economic development, and

16 ‘‘(I) such other services essential and nec17 essary to the community as the Secretary, by

18 regulation, may require.

19 ‘‘(2) LOW-INCOME.—The term ‘low-income’

20 means income that is not more than 125 percent of

21 the poverty line.

22 ‘‘(3) OLDER INDIVIDUAL—The term ‘older indi23 vidual’ means an individual who is 55 years of age

24 or older.
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1 ‘‘(4) SECRETARY.—The term ‘Secretary’ means

2 the Secretary of Labor.

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

4 the several States, the District of Columbia, the

5 Commonwealth of Puerto Rico, Guam, American

6 Samoa, the Virgin Islands of the United States, or

7 the Commonwealth of the Northern Mariana Is8 lands.

9 ‘‘SEC. 506. AUTHORIZATION OF APPROPRIATIONS.

10 ‘‘There is authorized to be appropriated to carry out

11 this title $350,000,000 for fiscal year 1996.’’.

12 SEC. 4. AMENDMENT TO THE OLDER AMERICANS ACT OF

13 1965.

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

15 et seq.) is amended to read as follows:

16 ‘‘SECTION 1. SHORT TITLE.

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

18 of 1995’.

19 ‘‘SEC. 2. TABLE OF CONTENTS.

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

‘‘Sec. 1. Short title.

‘‘Sec. 2. Table of contents.

‘‘TITLE I—STATEMENT OF PURPOSE; DEFINITIONS

‘‘Sec. 101. Purpose.

‘‘Sec. 102. Definitions.

‘‘TITLE II—ADMINISTRATION

‘‘Sec. 201. Establishment of Administration on Aging.

‘‘Sec. 202. Duties of Assistant Secretary.

‘‘Sec. 203. Federal agency consultation.
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‘‘Sec. 204. Powers of the Assistant Secretary.

‘‘Sec. 205. Evaluations.

‘‘Sec. 206. Reports.

‘‘Sec. 207. Reduction of paperwork

‘‘Sec. 208. Surplus property eligibility.

‘‘Sec. 209. Authorization of appropriations.

‘‘TITLE III—GRANTS FOR PROGRAMS ON AGING

‘‘Subtitle A—Grants for State and Community Programs on Aging

‘‘CHAPTER 1—GENERAL PROVISIONS

‘‘Sec. 301. Administration of programs.

‘‘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.

‘‘Subtitle B—Grants for Native American Programs on Aging

‘‘Sec. 371. Grants for services to Native Americans.

‘‘Sec. 372. Applications for grants.

‘‘Sec. 373. Distribution of funds among tribal organizations and Alaska Native

organizations.

‘‘Sec. 374. Surplus educational facilities.

‘‘Sec. 375. Administration.

‘‘Sec. 376. Payments.

‘‘Subtitle C—Authorization of Appropriations

‘‘Sec. 395. Authorization of appropriations.

‘‘Sec. 396. Additional funds available for nutrition services.

‘‘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.
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‘‘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—STATEMENT OF

2 PURPOSE; DEFINITIONS

3 ‘‘SEC. 101. PURPOSE.

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

5 State agencies and area agencies on aging to concentrate

6 resources in order to develop greater capacity and foster

7 the development and implementation of comprehensive

8 and coordinated systems to serve older individuals by en9 tering into cooperative arrangements in each State for the

10 planning and provision of supportive services, nutrition
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1 services, multipurpose senior centers, community service

2 employment, and volunteer services, in order to—

3 ‘‘(1) secure and maintain maximum independ4 ence and dignity in a home environment for older in5 dividuals capable of self care with appropriate sup6 portive services,

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

8 economic and personal independence for older indi9 viduals,

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

11 older individuals,

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

13 to receive managed in-home and community-based

14 long-term care services,

15 ‘‘(5) ensure that older individuals will be pro16 tected against abuse, neglect, and exploitation,

17 ‘‘(6) promote employment opportunities and

18 community service, and

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

20 their communities through volunteer services that

21 enhance the lives of the volunteers and those whom

22 they serve.

23 ‘‘SEC. 102. DEFINITIONS.

24 ‘‘For the purposes of this Act:
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1 ‘‘(1) ABUSE.—The term ‘abuse’ means (except

2 when such term is used in the phrase ‘drug and al3 cohol abuse’) the willful—

4 ‘‘(A) infliction of injury, unreasonable con5 finement, intimidation, or cruel punishment

6 with resulting physical harm, pain, or mental

7 anguish, or

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

9 caregiver, of goods or services that are nec10 essary to avoid physical harm, mental anguish,

11 or mental illness.

12 ‘‘(2) ADMINISTRATION.—The term ‘Administra13 tion’ means the Administration on Aging.

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

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

16 who—

17 ‘‘(A) is 18 years of age or older,

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

19 individual who is a parent of the child, and

20 ‘‘(C) has a disability.

21 ‘‘(4) ALASKA NATIVE.—The term ‘Alaska Na22 tive’ means an Alaska Native who is a member of

23 an Alaska Native organization.

24 ‘‘(5) ALASKA NATIVE ORGANIZATION.—The

25 term ‘Alaska Native organization’ means an Alaska
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1 Native village, or an Alaskan Native regional or vil2 lage corporation, as defined in or established pursu3 ant to the Alaska Native Claims Settlement Act

4 (Public Law 92–203; 85 Stat.688), that is recog5 nized as eligible for the special programs and serv6 ices provided by the United States to Alaska Natives

7 because of their status as Alaska Natives.

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

9 agency on aging’ means an area agency on aging

10 designated under section 303(a)(2)(A) or a State

11 agency performing the functions of an area agency

12 on aging under section 303(a)(1)(E).

13 ‘‘(7) ASSISTANT SECRETARY.—The term ‘As14 sistant Secretary’ means the Assistant Secretary for

15 Aging.

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

17 ‘assistive technology’ means technology, engineering

18 methodologies, or scientific principles appropriate to

19 meet the needs of, and address the barriers con20 fronted by, older individuals with functional limita21 tions.

22 ‘‘(9) BOARD AND CARE FACILITY.—The term

23 ‘board and care facility’ means an institution regu24 lated by a State pursuant to section 1616(e) of the

25 Social Security Act (42 U.S.C. 1382e(e)).
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1 ‘‘(10) CAREGIVER.—The term ‘caregiver’ means

2 an individual who has the responsibility for the care

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

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

5 operation of law.

6 ‘‘(11) CARETAKER.—The term ‘caretaker’

7 means a family member or other individual who pro8 vides (on behalf of such individual or of a public or

9 private agency, organization, or institution) uncom10 pensated care to an older individual who needs sup11 portive services.

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

13 ‘case management service’—

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

15 individual, at the direction of the older individ16 ual or a family member of the individual—

17 ‘‘(i) by an individual who is trained or

18 experienced in the case management skills

19 that are required to deliver the services

20 and coordination described in subpara21 graph (B), and

22 ‘‘(ii) to assess the needs, and to ar23 range, coordinate, and monitor an opti24 mum package of services to meet the

25 needs, of the older individual, and
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1 ‘‘(B) includes services and coordination

2 such as—

3 ‘‘(i) comprehensive assessment of the

4 older individual (including the physical,

5 psychological, and social needs of the indi6 vidual),

7 ‘‘(ii) development and implementation

8 of a service plan with the older individual

9 to mobilize the formal and informal re10 sources and services identified in the as11 sessment to meet the needs of the older in12 dividual, including coordination of the re13 sources and services—

14 ‘‘(I) with any other plans that

15 exist for various formal services, such

16 as hospital discharge plans, and

17 ‘‘(II) with the information and

18 assistance services provided under this

19 Act,

20 ‘‘(iii) coordination and monitoring of

21 formal and informal service delivery, in22 cluding coordination and monitoring to en23 sure that services specified in the plan are

24 being provided,
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1 ‘‘(iv) periodic reassessment and revi2 sion of the status of the older individual

3 with—

4 ‘‘(I) the older individual, or

5 ‘‘(II) if necessary, a primary

6 caregiver or family member of the

7 older individual, and

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

9 the older individual, advocacy on behalf of

10 the older individual for needed services or

11 resources.

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

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

14 ‘child’ means—

15 ‘‘(A) except for purposes of title IV, an in16 dividual who is less than 18 years of age, and

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

18 who is less than 21 years of age.

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

20 assessment’ includes providing information relating

21 to assistive technology.

22 ‘‘(15) COMMUNITY SERVICES.—The term ‘com23 munity services’ means—

24 ‘‘(A) social, health, welfare, and edu25 cational services (particularly literacy tutoring),
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1 ‘‘(B) legal and other counseling services

2 and assistance, including tax counseling and as3 sistance and financial counseling,

4 ‘‘(C) library, recreational, and other simi5 lar services,

6 ‘‘(D) conservation, maintenance, or res7 toration of natural resources,

8 ‘‘(E) community betterment or beautifi9 cation,

10 ‘‘(F) antipollution and environmental qual11 ity efforts,

12 ‘‘(G) weatherization activities,

13 ‘‘(H) economic development, and

14 ‘‘(I) such other services essential and nec15 essary to the community as the Secretary, by

16 regulation, may require.

17 ‘‘(16) COMPREHENSIVE AND COORDINATED

18 SYSTEM.—The term ‘comprehensive and coordinated

19 system’ means a system for providing all necessary

20 supportive services, including nutrition services, in a

21 manner designed to—

22 ‘‘(A) facilitate accessibility to, and utiliza23 tion of, all supportive services and nutrition

24 services provided within the geographic area
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1 served by such system by any public or private

2 agency or organization,

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

4 use of supportive services and nutrition services

5 in meeting the needs of older individuals,

6 ‘‘(C) use available resources efficiently and

7 with a minimum of duplication, and

8 ‘‘(D) encourage and assist public and pri9 vate entities that have unrealized potential for

10 meeting the service needs of older individuals to

11 assist the older individuals on a voluntary basis.

12 ‘‘(17) DISABILITY.—The term ‘disability’

13 means (except when such term is used in the phrase

14 ‘severe disability’, ‘developmental disabilities’, ‘phys15 ical and mental disabilities’, or ‘physical disabilities’)

16 a disability attributable to mental or physical im17 pairment, or a combination of mental and physical

18 impairments, that results in substantial functional

19 limitations in 1 or more of the following areas of

20 major life activity: (A) self-care, (B) receptive and

21 expressive language, (C) learning, (D) mobility, (E)

22 self-direction, (F) capacity for independent living,

23 (G) economic self-sufficiency, (H) cognitive function24 ing, and (I) emotional adjustment.
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1 ‘‘(18) ELDER ABUSE.—The term ‘elder abuse’

2 means abuse of an older individual.

3 ‘‘(19) ELDER ABUSE, NEGLECT, AND EXPLOI4 TATION.—The term ‘elder abuse, neglect, and exploi5 tation’ means abuse, neglect, and exploitation, of an

6 older individual.

7 ‘‘(20) ELECTION.—When referring to an elec8 tion for Federal office, the term ‘election’ has the

9 meaning given such term by section 301(1) of the

10 Federal Election Campaign Act of 1971 (Public Law

11 92–225).

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

13 means the illegal or improper act or process of an

14 individual, including a caregiver, using the resources

15 of an older individual for monetary or personal bene16 fit, profit, or gain.

17 ‘‘(22) FEDERAL OFFICE.—The term ‘Federal

18 office’ has the meaning given such term in section

19 301(3) of the Federal Election Campaign Act of

20 1971 (Public Law 92–225).

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

22 means an entity that maximizes the collocation and

23 coordination of services for older individuals.

24 ‘‘(24) FRAIL.—The term ‘frail’ means, with re25 spect to an older individual in a State, that the older
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1 individual is determined to be functionally impaired

2 because the individual—

3 ‘‘(A)(i) is unable to perform at least two

4 activities of daily living without substantial

5 human assistance, including verbal reminding,

6 physical cueing, or supervision, or

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

8 to perform at least three such activities without

9 such assistance, or

10 ‘‘(B) due to a cognitive or other mental

11 impairment, requires substantial supervision be12 cause the individual behaves in a manner that

13 poses a serious health or safety hazard to the

14 individual or to another individual.

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

16 ‘greatest economic need’ means the need resulting

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

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

19 ‘greatest social need’ means the need caused by non20 economic factors that include—

21 ‘‘(A) physical and mental disabilities,

22 ‘‘(B) language barriers, and

23 ‘‘(C) cultural, social, or geographical isola24 tion, that—
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1 ‘‘(i) restricts the ability of an individ2 ual to perform normal daily tasks, or

3 ‘‘(ii) threatens the capacity of the in4 dividual to live independently.

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

6 services’ includes—

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

8 ‘‘(B) visiting and telephone reassurance,

9 ‘‘(C) chore maintenance,

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

11 adult day care as a respite service for families,

12 ‘‘(E) minor modification of homes that is nec13 essary to facilitate the ability of older individuals to

14 remain at home and that is not available under

15 other programs, except that not more than $150 per

16 client may be expended under this part for such

17 modification,

18 ‘‘(F) personal care services, and

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

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

21 submitted in accordance with section 304, and

22 ‘‘(ii) by the area agency on aging in the

23 area plan submitted in accordance with section

24 305.
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1 ‘‘(28) INDIAN.—The term ‘Indian’ means an

2 Indian who is a member of in Indian tribe.

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

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

5 group or community of Indians that is—

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

7 programs and services provided by the United

8 States to Indians because of their status as In9 dians, or

10 ‘‘(B) located on, or in proximity to, a Fed11 eral or State reservation or rancheria,

12 except that subparagraph (B) shall not apply for

13 purposes of subtitle B of title III.

14 ‘‘(30) INFORMATION AND ASSISTANCE SERV15 ICE.—The term ‘information and assistance service’

16 means a service for older individuals that—

17 ‘‘(A) provides the individuals with current

18 information on opportunities and services avail19 able to the individuals within their communities,

20 including information relating to assistive tech21 nology,

22 ‘‘(B) assesses the problems and capacities

23 of the individuals,

24 ‘‘(C) links the individuals to the opportuni25 ties and services that are available,
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1 ‘‘(D) to the maximum extent practicable,

2 ensures that the individuals receive the services

3 needed by the individuals, and are aware of the

4 opportunities available to the individuals, by es5 tablishing adequate followup procedures, and

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

7 individuals, particularly—

8 ‘‘(i) older individuals with greatest so9 cial need, and

10 ‘‘(ii) older individuals with greatest

11 economic need.

12 ‘‘(31) INFORMATION AND REFERRAL.—The

13 term ‘information and referral’ includes information

14 relating to assistive technology.

15 ‘‘(32) LEGAL ASSISTANCE.—The term ‘legal as16 sistance’—

17 ‘‘(A) means legal advice and representation

18 provided by an attorney to older individuals

19 with economic or social needs, and

20 ‘‘(B) includes—

21 ‘‘(i) to the extent feasible, counseling

22 or other appropriate assistance by a para23 legal or law student under the direct su24 pervision of an attorney, and
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1 ‘‘(ii) counseling or representation by a

2 nonlawyer where permitted by law.

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

4 ‘long-term care facility’ means—

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

6 in section 1819(a) of the Social Security Act

7 (42 U.S.C. 1395i–3(a)),

8 ‘‘(B) any nursing facility, as defined in

9 section 1919(a) of the Social Security Act (42

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

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

12 board and care facility, or

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

14 a facility or institution described in subpara15 graph (A), (B), or (C).

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

17 means—

18 ‘‘(A) for purposes of chapter 4 of title III,

19 income that is not more than 125 percent of

20 the poverty line, and

21 ‘‘(B) for purposes of title IV—

22 ‘‘(i) income that is not more than 125

23 percent of the poverty line, or

24 ‘‘(ii) income that is not more that 100

25 percent of such poverty line, as so adjusted
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1 and determined after taking into consider2 ation existing poverty guidelines as appro3 priate to local situations.

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

5 term ‘multipurpose senior center’ means a commu6 nity facility for the organization and provision of a

7 broad spectrum of services, which shall include pro8 vision of health (including mental health), social, nu9 tritional, and educational services and the provision

10 of facilities for recreational activities for older indi11 viduals.

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

13 American’ means—

14 ‘‘(A) an Indian,

15 ‘‘(B) an Alaska Native, or

16 ‘‘(C) a Native Hawaiian.

17 ‘‘(37) NATIVE HAWAIIAN.—The term ‘Native

18 Hawaiian’ means any individual any of whose ances19 tors were natives of the area that consists of the Ha20 waiian Islands prior to 1778,

21 ‘‘(38) NEGLECT.—The term ‘neglect’ means—

22 ‘‘(A) the failure to provide for oneself the

23 goods or services that are necessary to avoid

24 physical harm, mental anguish, or mental ill25 ness, or
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1 ‘‘(B) the failure of a caregiver to provide

2 the goods or services.

3 ‘‘(39) NONPROFIT.—The term ‘nonprofit’ as

4 applied to any agency, institution, or organization

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

6 or is owned and operated by, one or more corpora7 tions or associations no part of the net earnings of

8 which inures, or may lawfully inure, to the benefit

9 of any private shareholder or individual.

10 ‘‘(40) OLDER INDIVIDUAL.—The term ‘older in11 dividual’ means—

12 ‘‘(A) except for purposes of chapter 4 of

13 title III, and title IV, an individual who is 60

14 years of age or older, and

15 ‘‘(B) for purposes of chapter 4 of title III,

16 and title IV, an individual who is 55 years of

17 age or older.

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

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

20 ‘‘(42) PLANNING AND SERVICE AREA.—The

21 term ‘planning and service area’ means an area des22 ignated by a State agency under section

23 303(a)(1)(E), including a single planning and serv24 ice area described in section 303(b)(1)(E).
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1 ‘‘(43) POVERTY LINE.—The term ‘poverty line’

2 means the official poverty line (as defined by the Of3 fice of Management and Budget, and adjusted by

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

5 the Community Services Block Grant Act (42 U.S.C.

6 9902(2)).

7 ‘‘(44) REPRESENTATIVE PAYEE.—The term

8 ‘representative payee’ means a person who is ap9 pointed by a governmental entity to receive, on be10 half of an older individual who is unable to manage

11 funds by reason of a physical or mental incapacity,

12 any funds owed to such individual by such entity.

13 ‘‘(45) SECRETARY.—The term ‘Secretary’

14 means the Secretary of Health and Human Services.

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

16 disability’ means a severe, chronic disability attrib17 utable to mental or physical impairment, or a com18 bination of mental and physical impairments, that—

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

20 ‘‘(B) results in substantial functional limi21 tation in 3 or more of the major life activities

22 specified in subparagraphs (A) through (G) of

23 paragraph (17).

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

25 the several States, the District of Columbia, the Vir-
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1 gin Islands of the United States, the Commonwealth

2 of Puerto Rico, Guam, American Samoa, or the

3 Commonwealth of the Northern Mariana Islands.

4 ‘‘(48) STATE AGENCY.—The term ‘State agen5 cy’ means the agency designated under section

6 303(a)(1).

7 ‘‘(49) SUPPORTIVE SERVICE.—The term ‘sup8 portive service’ means a service described in section

9 321(a).

10 ‘‘(50) TRIBAL ORGANIZATION.—The term ‘trib11 al organization’ means—

12 ‘‘(A) except for purposes of subtitle B of

13 title III,

14 ‘‘(i) the recognized governing body of

15 an Indian tribe, or

16 ‘‘(ii) the legally established organiza17 tion of Indians that is controlled, sanc18 tioned, or chartered by the governing body

19 of an Indian tribe, and

20 ‘‘(B) for purposes of subtitle B of title

21 III—

22 ‘‘(i) an entity described in clause (i)

23 or (ii) of subparagraph (A), or

24 ‘‘(ii) a legally established organization

25 of Indians that is democratically elected by
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1 the adult members of the Indian commu2 nity to be served by such organization and

3 that includes the maximum participation of

4 Indians in all phases of its activities.

5 ‘‘(51) UNIT OF GENERAL PURPOSE LOCAL GOV6 ERNMENT.—The term ‘unit of general purpose local

7 government’ means—

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

9 whose authority is general and not limited to

10 only one function or combination of related

11 functions, or

12 ‘‘(B) a tribal organization.

13 ‘‘TITLE II—ADMINISTRATION

14 ‘‘SEC. 201. ESTABLISHMENT OF ADMINISTRATION ON

15 AGING.

16 ‘‘(a) ESTABLISHMENT.—There is established in the

17 Office of the Secretary, an Administration on Aging which

18 shall be headed by an Assistant Secretary for Aging. This

19 Act shall be administered through the Administration and

20 under the supervision of the Secretary.

21 ‘‘(b) ASSISTANT SECRETARY.—The Assistant Sec22 retary shall be appointed by the President by and with

23 the advice and consent of the Senate.

24 ‘‘(c) DESIGNATION RELATING TO MONITORING PRO25 GRAMS AFFECTING NATIVE AMERICANS.—The Assistant
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1 Secretary shall designate an individual in the Administra2 tion who has expertise with respect to programs and serv3 ices affecting Native Americans, to be responsible for mon4 itoring the programs, projects, and activities carried out

5 under this Act that affect Native Americans.

6 ‘‘(d) DESIGNATION OF OMBUDSMAN FOR OLDER IN7 DIVIDUALS IN LONG-TERM CARE FACILITIES.—The As8 sistant Secretary shall designate an individual in the Ad9 ministration who shall serve as an effective and visible om10 budsman on behalf of older individuals who reside in long11 term care facilities.

12 ‘‘(e) DESIGNATION RELATING TO THE ADMINISTRA13 TION OF NUTRITION SERVICES.—The Assistant Secretary

14 shall designate an individual in the Administration who

15 shall be responsible, under the supervision of the Assistant

16 Secretary, for the administration of chapter 3. Such indi17 vidual shall—

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

19 services and planning, and

20 ‘‘(2)(A) be a registered dietitian,

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

22 ‘‘(C) have education and training that is sub23 stantially equivalent to the education and training

24 for a registered dietitian or a credentialed nutrition

25 professional.
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1 ‘‘(f) DESIGNATION RELATING TO THE ADMINISTRA2 TION OF VOLUNTEER SERVICE PROGRAMS.—The Assist3 ant Secretary shall designate an individual in the Adminis4 tration who has experience and expertise in administering

5 volunteer programs for older individuals and who shall be

6 responsible, under the supervision of the Assistant Sec7 retary, for the administration of title IV.

8 ‘‘SEC. 202. DUTIES OF ASSISTANT SECRETARY.

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

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

11 visible advocate for older individuals, within the De12 partment of Health and Human Services and with

13 other departments, agencies, and instrumentalities

14 of the Federal Government by maintaining active re15 view of and commenting on responsibilities of all

16 Federal policies affecting older individuals.

17 ‘‘(2) INFORMATION.—To collect and dissemi18 nate information related to problems of older indi19 viduals and aging.

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

21 assist the Secretary in all matters pertaining to

22 problems of older individuals and aging.

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

24 grants provided and contracts made under this Act.
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1 ‘‘(5) TECHNICAL ASSISTANCE.—To provide

2 technical assistance and consultation to States, and

3 political subdivisions of States, with respect to pro4 grams for older individuals and aging.

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

6 publish, and disseminate educational materials deal7 ing with the welfare of older individuals.

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

9 field of aging that other Federal agencies are not

10 collecting, and to take whatever action is necessary

11 to achieve coordination of activities carried out or

12 assisted by all departments, agencies, and instru13 mentalities of the Federal Government with respect

14 to the collection, preparation, and dissemination of

15 information relevant to older individuals.

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

17 in, the planning and development by public (includ18 ing Federal, State, and local agencies) and private

19 organizations of programs for older individuals to fa20 cilitate the establishment of a nationwide network of

21 comprehensive, coordinated services and opportuni22 ties for older individuals.

23 ‘‘(9) STATISTICAL DATA REGARDING ASSISTED

24 ACTIVITIES.—To collect for each fiscal year, for fis25 cal years beginning after September 30, 1996, di-
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1 rectly or by contract, statistical data regarding pro2 grams, projects, and activities carried out with funds

3 provided under this Act, including—

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

5 activity provided with such funds—

6 ‘‘(i) the aggregate amount of such

7 funds expended to provide such service or

8 activity,

9 ‘‘(ii) the number of individuals who

10 received such service or activity, and

11 ‘‘(iii) the number of units of such

12 service or activity provided,

13 ‘‘(B) the number of multipurpose senior

14 centers that received such funds.

15 ‘‘(10) UNIFORM DATA COLLECTION PROCE16 DURES.—To design and implement, for purposes of

17 compliance with paragraph (9), uniform data collec18 tion procedures for use by State agencies, includ19 ing—

20 ‘‘(A) uniform definitions and nomen21 clature,

22 ‘‘(B) standardized data collection proce23 dures,

24 ‘‘(C) procedures for collecting information

25 on gaps in services needed by older individuals,
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1 as identified by service providers in assisting

2 clients through the provision of the supportive

3 services, and

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

5 unmet need for services under this Act.

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

7 research in the field of aging, based on consultations

8 with individuals and organizations knowledgeable in

9 the field of aging.

10 ‘‘SEC. 203. FEDERAL AGENCY CONSULTATION.

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

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

13 with, and cooperate with the head of each department,

14 agency, or instrumentality of the Federal Government pro15 posing or administering programs or services substantially

16 related to the purpose of this Act, with respect to such

17 programs or services. The head of each department, agen18 cy, or instrumentality of the Federal Government propos19 ing to establish or modify any program or service substan20 tially related to the purpose of this Act shall consult with

21 and coordinate with the Assistant Secretary.

22 ‘‘SEC. 204. POWERS OF THE ASSISTANT SECRETARY.

23 ‘‘(a) POWERS.—In carrying out this Act, the Assist24 ant Secretary may—
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1 ‘‘(1) provide consultative services and technical

2 assistance to public or nonprofit private agencies

3 and organizations,

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

5 instruction,

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

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

8 special educational or informational materials, in9 cluding reports on programs, projects, and activities

10 for which funds are provided under this Act.

11 ‘‘(b) AUTHORITY TO MAKE GRANTS.—From funds

12 appropriated under section 209, the Assistant Secretary

13 may make grants to public or nonprofit private agencies,

14 organizations, and institutions, and may enter into con15 tracts with agencies, organizations, institutions, and indi16 viduals for activities—

17 ‘‘(1) to expand the Nation’s knowledge and un18 derstanding of older individuals and the aging proc19 ess,

20 ‘‘(2) to design, to test, and to promote utiliza21 tion of innovative ideas and best practices in pro22 grams and services for older individuals,

23 ‘‘(3) to help meet the needs for trained person24 nel in the field of aging, and
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1 ‘‘(4) to increase the awareness of citizens of all

2 ages of the need to assume personal responsibility

3 for their own aging through—

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

5 adequately trained workforce to work with and

6 on behalf of older individuals,

7 ‘‘(B) research and policy analysis to im8 prove access to and delivery of services for older

9 individuals,

10 ‘‘(C) development of methods and practices

11 to improve quality and effectiveness of such

12 services,

13 ‘‘(D) demonstration of new approaches to

14 design, delivery, and coordination of services

15 and activities for older individuals,

16 ‘‘(E) technical assistance in planning, de17 velopment, implementation, evaluation, and im18 provement of programs, projects, and activities

19 under this Act, and

20 ‘‘(F) dissemination of information on is21 sues related to aging, their impact on individ22 uals and society, and relating to services and

23 activities benefiting older individuals.
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1 ‘‘SEC. 205. EVALUATIONS.

2 ‘‘(a) DUTY OF SECRETARY.—The Secretary may

3 measure and evaluate the impact and effectiveness of all

4 programs, projects, and activities carried out with funds

5 provided under this Act. Evaluations shall be conducted

6 by persons not immediately involved in the administration

7 of the programs, projects, and activities evaluated.

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

9 carrying out evaluations under subsection (a), the Sec10 retary shall—

11 ‘‘(1) to the maximum extent practicable, ar12 range to obtain the opinions of participants in the

13 programs, projects, and activities being evaluated,

14 and

15 ‘‘(2) consult with organizations concerned with

16 the welfare of older individuals.

17 ‘‘SEC. 206. REPORTS.

18 ‘‘(a) ANNUAL REPORT.—Not later than 120 days

19 after the end of each fiscal year beginning after September

20 30, 1996, the Assistant Secretary shall prepare and sub21 mit to the President and to the Congress a complete report

22 on the programs, projects, and activities carried out under

23 this Act in such fiscal year. Such report shall include—

24 ‘‘(1) statistical data reflecting services and ac25 tivities provided under this Act to older individuals
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1 during the fiscal year for which such report is sub2 mitted,

3 ‘‘(2) statistical data collected under section

4 202(9), and

5 ‘‘(3) statistical data, and an analysis of infor6 mation, regarding the effectiveness of the State

7 agency and area agencies on aging in targeting serv8 ices to older individuals with greatest economic need

9 and older individuals with greatest social need.

10 ‘‘SEC. 207. REDUCTION OF PAPERWORK

11 ‘‘In order to reduce unnecessary, duplicative, or dis12 ruptive demands for information, the Assistant Secretary,

13 in consultation with State agencies and other appropriate

14 agencies and organizations, shall continually review and

15 evaluate all requests by the Administration for informa16 tion under this Act and shall take such action as may be

17 necessary to reduce the paperwork required under this

18 Act. The Assistant Secretary shall request only such infor19 mation as the Assistant Secretary deems essential to carry

20 out the purpose and provisions of this Act and, in gather21 ing such information, shall make use of uniform service

22 definitions to the extent that such definitions are available.

23 ‘‘SEC. 208. SURPLUS PROPERTY ELIGIBILITY.

24 ‘‘Any State or local government agency, and any non25 profit organization or institution, that receives funds ap-
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1 propriated for programs for older individuals under this

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

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

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

5 Community Services Block Grant Act, shall be deemed to

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

7 declared surplus to the needs of the Federal Government

8 in accordance with laws applicable to surplus property.

9 ‘‘SEC. 209. AUTHORIZATION OF APPROPRIATIONS.

10 ‘‘(a) IN GENERAL.—For the expenses (including sala11 ries) of the Administration on Aging to carry out this Act

12 (other than title IV), there are authorized to be appro13 priated $15,170,000 for fiscal year 1997 and such sums

14 as may be necessary for fiscal years 1998, 1999, 2000,

15 and 2001.

16 ‘‘(b) TITLE IV.—For the expenses (including sala17 ries) of the Administration on Aging to carry out title IV,

18 there are authorized to be appropriated $24,000,000 for

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

20 fiscal years 1998, 1999, 2000, and 2001.
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1 ‘‘TITLE III—GRANTS FOR

2 PROGRAMS ON AGING

3 ‘‘Subtitle A—Grants for State and

4 Community Programs on Aging

5 ‘‘CHAPTER 1—GENERAL PROVISIONS

6 ‘‘SEC. 301. ADMINISTRATION OF PROGRAMS.

7 ‘‘(a) ADMINISTRATION.—To effectively carry out this

8 title, the Assistant Secretary shall administer programs

9 under this title through the Administration.

10 ‘‘(b) TECHNICAL ASSISTANCE AND COOPERATION.—

11 In carrying out this title, the Assistant Secretary may re12 quest the technical assistance and cooperation of such

13 other Federal agencies as the Assistant Secretary consid14 ers to be appropriate.

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

16 ‘‘(a) ALLOTMENT OF FUNDS FOR SUPPORTIVE SERV17 ICES, MULTIPURPOSE SENIOR CENTERS, AND NUTRITION

18 SERVICES.—

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

20 subparagraphs (B) and (C), the amounts appro21 priated under paragraphs (1) and (2) of section

22 395(a), and the amounts made available under sec23 tion 396(a), for fiscal years 1997 through 2001 shall

24 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,

2 1998, 1999, and 2000—

3 ‘‘(I) the product of such amount ap4 propriated for such fiscal year and the

5 base percentage rate for such fiscal year

6 shall be allotted among the States propor7 tionately based on their respective shares

8 of the funds appropriated for fiscal year

9 1996 allotted to the States to carry out ti10 tles III and VII of the Older Americans

11 Act of 1965, and

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

13 appropriated for such fiscal year shall be

14 allotted among the State proportionately

15 based on the population of individuals 60

16 years of age or older in the States.

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

18 percentage rates are the following:

Fiscal year: Base percentage rate:

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

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

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

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

19 ‘‘(iii) Such amount appropriated for fiscal

20 year 2001 shall be allotted among the States

21 proportionately based on the population of indi22 viduals 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

3 necessary to increase other allotments under such

4 subparagraph to achieve the following:

‘‘(i) Each State shall be allotted 1 5 ⁄2 of 1

6 percent of the amount appropriated for the fis7 cal 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

16 determination 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 Is21 lands.

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

23 or older in any State and in all States shall be deter24 mined by the Assistant Secretary on the basis of the

25 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) EXCESS PORTION OF ALLOTMENT.—(A)

4 Whenever the Assistant Secretary determines that

5 any part of the amount allotted to a State under

6 this subsection for a fiscal year will not be used by

7 the State to carry out the purpose for which the al8 lotment was made, the Assistant Secretary shall

9 make such part available to carry out such purpose

10 to 1 or more other States to the extent the Assistant

11 Secretary determines that such other State will be

12 able to use such part to carry out such purpose.

13 ‘‘(B) Any funds made available to a State from

14 an appropriation for a fiscal year in accordance with

15 the subparagraph (A) shall, for purposes of chapters

16 2 and 3, be regarded as part of the State’s allotment

17 (as determined under paragraph (1)) for such year,

18 but shall remain available until the end of the suc19 ceeding fiscal year.

20 ‘‘(3) WITHHOLDING OF FUNDS.—(A) If the As21 sistant Secretary finds that a State fails to qualify

22 under the State plan requirements of section 304,

23 the Assistant Secretary shall withhold from the

24 State funds allotted under paragraph (1) for the fis25 cal year for which such plan is submitted.
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1 ‘‘(B) The Assistant Secretary shall disburse the

2 funds so withheld directly to any public or nonprofit

3 private institution or organization, agency, or politi4 cal subdivision of the State submitting an approved

5 plan under section 304, that includes an agreement

6 that any such funds so disbursed shall be matched

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

8 the remainder of the cost of carrying out chapters

9 2 and 3 as described in paragraph (4)(A), but not

10 less than 15 percent of such cost.

11 ‘‘(4) FEDERAL SHARE.—(A) Funds received by

12 a State from allotments made under this subsection

13 for a fiscal year may be used to pay not more than

14 85 percent of the cost of carrying out chapters 2

15 and 3.

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

17 be contributed in cash or in kind. In determining the

18 amount of the non-Federal share, the Assistant Sec19 retary may attribute fair market value to services

20 and facilities contributed from non-Federal sources.

21 ‘‘(b) ALLOTMENT OF FUNDS FOR COMMUNITY SERV22 ICE EMPLOYMENT.—

23 ‘‘(1) RESERVATION OF FUNDS FOR TRIBAL OR24 GANIZATIONS.—
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1 ‘‘(A) AMOUNT RESERVED.—Of the amount

2 appropriated under paragraph (3) of section

3 395(a) for each of the fiscal years 1997, 1998,

4 1999, 2000, and 2001, the Assistant Secretary

5 shall reserve not more than 1.3 percent for

6 making grants under chapter 4 to tribal organi7 zations.

8 ‘‘(B) ADMINISTRATIVE COSTS.—Of the

9 amounts reserved under subparagraph (A) for

10 grants to tribal organizations, such part of such

11 grants as the Secretary determines, but not

12 more than 7 percent, may be used by tribal or13 ganizations for administrative costs incurred by

14 the tribal organizations to carry out chapter 4.

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

16 1997–2001.—(A) After reserving funds under para17 graph (1), the amount appropriated under para18 graph (3) of section 395(a) for fiscal years 1997

19 through 2001 shall be allotted by the Assistant Sec20 retary among the States as follows:

21 ‘‘(i)(I) For each of the fiscal years 1997,

22 1998, and 1999, the product of the amount ap23 propriated for such fiscal year and the base

24 percentage rate for such fiscal year shall be al25 lotted among the States proportionately based
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1 on their respective shares of the funds appro2 priated for fiscal year 1996 allotted to the

3 States to carry out title V of the Older Ameri4 cans Act of 1965, and

5 ‘‘(II) the balance shall be allotted in ac6 cordance with subparagraph (C).

7 ‘‘(ii) After reserving funds under para8 graph (1), the remaining amount appropriated

9 under paragraph (3) of section 395(a) for each

10 of the fiscal years 2000 and 2001 shall be allot11 ted in accordance with subparagraph (C).

12 ‘‘(B) BASE PERCENTAGE RATES.—For purposes

13 of subparagraph (A)(i)(I), the base percentage rates

14 are the following:

‘‘Fiscal year: Base percentage rate:

1997 ......................................................................................... 75 percent

1998 ......................................................................................... 50 percent

1999 ......................................................................................... 25 percent

15 ‘‘(C) ALLOTMENTS BASED ON AGE AND PER

16 CAPITA INCOME.—Each amount referred to in

17 clauses (i)(II) and (ii) of subparagraph (A) shall be

18 allotted as follows:

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

20 be allotted the amount that bears the same

21 ratio to the amount so referred to as the prod22 uct of the number of individuals 55 years of age

23 or older in the State and the allotment percent-
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1 age of the State bears to the sum of the cor2 responding products for all the States.

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

4 shall be reduced proportionately to the extent

5 necessary to increase other allotments under

6 such clause to achieve the following:

‘‘(I) Each State shall be allotted 1 7 ⁄2 of

8 1 percent of the amount appropriated for

9 the fiscal year for which the determination

10 is made.

11 ‘‘(II) Guam, American Samoa, the

12 Virgin Islands of the United States, and

13 the Commonwealth of the Northern Mari14 ana Islands shall each be allotted not less

than 1 15 ⁄4 of 1 percent of the amount appro16 priated for the fiscal year for which the de17 termination is made or $50,000, whichever

18 is greater.

19 ‘‘(D) ALLOTMENT PERCENTAGE.—For purposes

20 of subparagraph (c)(i)—

21 ‘‘(i) except as provided in clause (ii), the

22 allotment percentage of each State shall be 100

23 percent less that percentage which bears the

24 same ratio to 50 percent as the per capita in25 come of the State bears to the per capita in-
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1 come of all the States, except that the allotment

2 percentage shall be not more than 75 percent

and not less than 331 3 ⁄3 percent, and

4 ‘‘(ii) the allotment percentage for the Dis5 trict of Columbia, the Commonwealth of Puerto

6 Rico, Guam, American Samoa, the Virgin Is7 lands of the United States, and the Common8 wealth of the Northern Mariana Islands shall

9 be 75 percent.

10 ‘‘(E) LIMITATION.— For purposes of subpara11 graphs (C)(ii)(I) and (D)(i), the term ‘State’ does

12 not include Guam, American Samoa, the Virgin Is13 lands of the United States, or Commonwealth of the

14 Northern Mariana Islands.

15 ‘‘(F) POPULATION AND PER CAPITA INCOME

16 DETERMINATIONS.—For purposes of this paragraph,

17 the number of individuals 55 years of age or older

18 in each State, and the per capita income of each

19 State, shall be determined by the Assistant Sec20 retary on the basis of the most satisfactory data

21 available to the Assistant Secretary.

22 ‘‘(G) REALLOTMENT.—If any part of the

23 amount allotted under this paragraph to a State for

24 a fiscal year is not distributed to the State for such

25 fiscal year, such part shall be reallotted under this
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1 paragraph for such fiscal year to the remaining

2 States.

3 ‘‘(c) PERMITTED USE OF ALLOTMENTS.—

4 ‘‘(1) ADMINISTRATION OF STATE PLANS.—(A)

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

6 of 7 percent of the aggregate of the allotments made

7 to a State under subsections (a) and (b), or

8 $800,000, whichever is greater, shall be available to

9 the State to use in accordance with section 306(a)

10 and for administrative costs incurred by the State to

11 carry out chapter 4.

12 ‘‘(B) In the case of allotments made under sub13 sections (a) and (b) to Guam, American Samoa, the

14 Virgin Islands of the United States, and the Com15 monwealth of the Northern Mariana Islands, 7 per16 cent of the aggregate of such allotments or

17 $120,000, whichever is greater, shall be available to

18 each to use in accordance with section 306(a) and

19 for administrative costs incurred by the State to

20 carry out chapter 4.

21 ‘‘(2) APPLICATION TO USE ADDITIONAL

22 FUNDS.—(A) If the Assistant Secretary determines,

23 based upon a particularized showing of need that—

24 ‘‘(i) the State will be unable to fully and

25 effectively administer its State plan and to
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1 carry out programs, projects, and activities au2 thorized by chapters 2, 3, and 4 unless addi3 tional funds are made available by the Assistant

4 Secretary,

5 ‘‘(ii) the State is making full and effective

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

7 the personnel of the State agency and area

8 agencies designated under section 303(a)(2)(A)

9 in the administration of its State plan in ac10 cordance with section 306(a), and

11 ‘‘(iii) the State agency and area agencies

12 on aging are carrying out, on a full-time basis,

13 programs, projects, and activities that are in

14 furtherance of the purpose of chapters 2 and 3,

15 then the Assistant Secretary may approve an appli16 cation submitted by the State to request permission

17 to use in accordance with section 306(a) a greater

18 percentage of the aggregate of its allotments under

19 subsections (a) and (b).

20 ‘‘(B) Subject to subparagraph (C), the Assist21 ant Secretary may approve any part of the greater

22 percentage requested in such application that the

23 Assistant Secretary determines is justified in such

24 application.
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1 ‘‘(C) The aggregate amount available under this

2 subsection to a particular State in any fiscal year

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

4 the allotments made under subsections (a) and (b)

5 for such fiscal year.

6 ‘‘(D) An application submitted under subpara7 graph (A) by a State may not be approved unless it

8 contains assurances that no funds received by the

9 State under this subsection will be used to hire any

10 individual to fill a job opening created by the action

11 of the State in laying off or terminating the employ12 ment of any regular employee not supported under

13 this Act in anticipation of filling the vacancy so cre14 ated by hiring an employee to be supported through

15 use of amounts received under this subsection.

16 ‘‘(3) ADDITIONAL USE.—Of the allotments

17 made under subsection (a) to a State for a fiscal

18 year and remaining after the application of para19 graph (1), such part as the State agency determines,

20 but not more than 8.5 percent of such remaining

21 amount, may be used to pay such percentage as the

22 State agency determines, but not more than 85 per23 cent, of the administrative costs incurred to carry

24 out area plans submitted in accordance with section

25 305.
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1 ‘‘SEC. 303. ELIGIBILITY OF STATES; ORGANIZATION.

2 ‘‘(a) ELIGIBILITY OF STATES.—For a State to be eli3 gible to receive funds allotted under section 302(a)—

4 ‘‘(1) the State shall, in accordance with rules is5 sued by the Secretary, designate a State agency as

6 the sole State agency to—

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

8 to the Assistant Secretary for approval under

9 section 304,

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

11 State,

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

13 development, administration, coordination, pri14 ority setting, and evaluation of all State activi15 ties related to carrying out chapters 2 and 3,

16 ‘‘(D) serve as an effective and visible advo17 cate for older individuals by reviewing and com18 menting on all State plans, budgets, and poli19 cies that affect older individuals, and to provide

20 technical assistance to any agency, organiza21 tion, or association representing the needs of

22 older individuals, and

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

24 divide the State into distinct planning and serv25 ice areas or designate the entire State as a sin26 gle planning and service area,
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1 ‘‘(2) the State agency shall—

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

3 each planning and service area,

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

5 and administration of the State plan for any

6 fiscal year—

7 ‘‘(i) the views of recipients of support8 ive services, nutrition services, or commu9 nity service employment, or

10 ‘‘(ii) individuals using multipurpose

11 senior centers,

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

13 ‘‘(C) after consultation with area agencies

14 and using the best available data, develop and

15 publish for review and comment a formula for

16 distribution within the State of funds received

17 under chapters 2 and 3 that takes into ac18 count—

19 ‘‘(i) the geographical distribution of

20 older individuals in the State, and

21 ‘‘(ii) the distribution among planning

22 and service areas of older individuals with

23 greatest economic need and older individ24 uals with greatest social need, and
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1 ‘‘(D) provide an assurance that preference

2 will be given to providing services to older indi3 viduals with greatest economic need and older

4 individuals with greatest social need, and in5 clude proposed methods to carry out the pref6 erence in the State plan,

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

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

9 (a) shall be—

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

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

12 purpose local government, that is designated to func13 tion only for the purpose of serving as an area agen14 cy on aging by the chief elected official of such unit,

15 ‘‘(C) any office or agency designated by the ap16 propriate chief elected officials of any combination of

17 units of general purpose local government to act only

18 on behalf of such combination for such purpose,

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

20 a planning and service area, or any separate organi21 zational unit within such agency, that is under the

22 supervision or direction for this purpose of the des23 ignated State agency and that can and will engage

24 only in the planning or provision of a broad range
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1 of supportive services, or nutrition services within

2 the planning and service area, or

3 ‘‘(E) in the case of a State designated under

4 subsection (a)(1)(E) as a single planning and service

5 area, the State agency,

6 and shall provide assurance, determined adequate by the

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

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

9 or through contractual or other arrangements, a program

10 in accordance with the plan within the planning and serv11 ice area.

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

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

14 purpose local government designated as a planning and

15 service area, the State shall give preference to an estab16 lished office on aging, unless the State agency finds that

17 no such office within the planning and service area will

18 have the capacity to carry out the area plan.

19 ‘‘(d) DUE PROCESS.—A State agency shall establish,

20 after consultation with area agencies on aging, procedures

21 to provide due process to affected parties, if the State

22 agency initiates an action or proceeding to change the des23 ignation of any designated planning and service area or

24 of any designated area agency on aging.
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1 ‘‘(e) GRANDFATHER PROVISION.—A State that on or

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

3 of the Commissioner on Aging, a single planning and serv4 ice area covering all of the older individuals in the State,

5 in which the State agency was administering the area

6 plan, may after that date designate one or more additional

7 planning and service areas within the State to be adminis8 tered by public or nonprofit private agencies or organiza9 tions as area agencies on aging. The State agency shall

10 continue to perform the functions of an area agency on

11 aging for any area of the State not included in a planning

12 and service area for which an area agency on aging has

13 been designated.

14 ‘‘SEC. 304. STATE PLANS.

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

16 grants from its allotment under section 302(a) for any fis17 cal year, shall submit to the Assistant Secretary a State

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

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

20 such plan shall comply with all of the following require21 ments:

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

23 shall contain assurances that the State plan will be

24 based upon area plans developed by area agencies on

25 aging within the State designated under section
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1 303(a)(2)(A) and that the State will prepare and

2 distribute a uniform format for use by area agencies

3 on aging in developing area plans under section 305.

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

5 shall provide that each area agency on aging des6 ignated under section 303(a)(2)(A) will develop and

7 submit to the State agency for approval an area plan

8 that complies with section 305.

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

10 provide that the State agency will evaluate the need

11 for supportive services, nutrition services (taking

12 into consideration the comparative need for home-de13 livered nutrition services and for congregate nutri14 tion services), multipurpose senior centers, and com15 munity service employment within the State and de16 termine the extent to which existing public or private

17 programs meet such need. To conduct the evalua18 tion, the State agency shall use the procedures im19 plemented under section 202(10).

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

21 the State agency establish a grievance procedure

22 that will afford an opportunity for a hearing upon

23 request to any agency on aging submitting a plan

24 under this section 305, to any provider of a service

25 under such a plan, or to any applicant to provide a
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1 service under such a plan. The State agency shall es2 tablish and publish the procedures for requesting

3 and conducting such hearing.

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

5 CONFLICTS OF INTEREST.—(A) The plan shall pro6 vide satisfactory assurance that such fiscal control

7 and fund accounting procedures will be adopted as

8 may be necessary to assure proper disbursement of,

9 and accounting for, funds received from allotments

10 made under section 302(a) to the State, including

11 any such funds paid to the recipients of a grant or

12 contract.

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

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

15 involved in the designation of the State agency

16 or an area agency on aging, or in the designa17 tion of the head of any subdivision of the State

18 agency or of an area agency on aging, is subject

19 to a conflict of interest prohibited under this

20 subtitle,

21 ‘‘(ii) no officer, employee, or other rep22 resentative of the State agency or an area agen23 cy on aging is subject to a conflict of interest

24 prohibited under this subtitle, and
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1 ‘‘(iii) mechanisms are in place to identify

2 and remove conflicts of interest prohibited

3 under this subtitle.

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

5 State agency and each area agency on aging will—

6 ‘‘(i) maintain the integrity and public pur7 pose of services provided, and service providers,

8 under the State plan in all contractual and

9 commercial relationships, and

10 ‘‘(iv) demonstrate that the quantity or

11 quality of the services to be provided under the

12 State plan will be enhanced as a result of such

13 contract or such relationship,

14 ‘‘(6) INFORMATION AND ASSISTANCE SERV15 ICES.—The plan shall provide for establishing and

16 maintaining information and assistance services in

17 sufficient numbers to ensure, to the maximum extent

18 practicable, that all older individuals in the State

19 who are not furnished adequate information and as20 sistance services under section 305(a)(3) will have

21 reasonably convenient access to such services.

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

23 that no supportive services, nutrition services, or in24 home services will be directly provided by the State
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1 agency or an area agency on aging, except when, in

2 the judgment of the State agency—

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

4 agency or an area agency on aging is necessary

5 to ensure an adequate supply of such services,

6 ‘‘(ii) such services are directly related to

7 the administrative functions of the State agency

8 or area agency on aging, or

9 ‘‘(iii) such services of comparable quality

10 can be provided more economically by the State

11 agency or area agency on aging.

12 ‘‘(B) Subparagraph (A) shall not apply with re13 spect to information and assistance services, case

14 management services, and outreach.

15 ‘‘(8) STATE LONG-TERM CARE OMBUDSMAN

16 PROGRAM.—The plan shall provide assurances that

17 the State agency will carry out a State long-term

18 care ombudsman program that complies with all the

19 following specifications:

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

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

22 complaints that—

23 ‘‘(I) are made by, or on behalf of

24 older individuals who are residents of

25 long-term care facilities, and
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1 ‘‘(II) relate to action, inaction, or

2 decisions that may adversely affect

3 the health, safety, welfare, or rights of

4 such residents (including the welfare

5 and rights of such residents with re6 spect to the appointment and activi7 ties of guardians and representative

8 payees), of providers (or representa9 tives of providers) of long-term care

10 services, public agencies, or health

11 and social service agencies,

12 ‘‘(ii) provide services to assist such

13 residents in protecting the health, safety,

14 welfare, and rights of such residents,

15 ‘‘(iii) inform such residents about

16 means of obtaining services provided by

17 providers or agencies described in clause

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

19 ‘‘(iv) ensure that such residents have

20 regular and timely access to the services

21 provided through the State long-term care

22 ombudsman program and that such resi23 dents and complainants receive from pro24 gram representatives of the State agency

25 timely responses to complaints,
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1 ‘‘(v) represent the interests of such

2 residents before governmental agencies and

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

5 and rights of the residents,

6 ‘‘(vi) provide administrative and tech7 nical assistance to entities designated

8 under subparagraph (F) to assist the enti9 ties in participating in the program,

10 ‘‘(vii) analyze, comment on, and mon11 itor the development and implementation

12 of Federal, State, and local laws, rules,

13 and other governmental policies and ac14 tions, that pertain to the health, safety,

15 welfare, and rights of the residents, with

16 respect to the adequacy of long-term care

17 facilities and services in the State,

18 ‘‘(viii) provide for training program

19 representatives of the State agency, and

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

21 the State agency determines to be appro22 priate.

23 ‘‘(B) CONTRACTS AND ARRANGEMENTS.—

24 (i) Except as provided in clause (ii), the State

25 agency may carry out the program, directly, or
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1 by contract or other arrangement with any pub2 lic agency or nonprofit private organization.

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

4 a contract or other arrangement described in

5 clause (i) with—

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

7 responsible for licensing or certifying long8 term care services in the State, or

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

10 such an association) of long-term care fa11 cilities, or of any other residential facilities

12 for older individuals.

13 ‘‘(C) DESIGNATION OF LOCAL OMBUDSMAN

14 ENTITIES AND REPRESENTATIVES.—(i) In car15 rying out the duties specified in subparagraph

16 (A), the State agency may designate an entity

17 as a local ombudsman entity, and may des18 ignate an individual (including an employee or

19 volunteer) to represent the entity.

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

21 accordance with the policies and procedures es22 tablished by the State agency—

23 ‘‘(I) provide services to protect the

24 health, safety, welfare, and rights of older
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1 individuals who are residents of long-term

2 care facilities,

3 ‘‘(II) ensure that residents in the

4 service area of the entity have regular,

5 timely access to representatives of the

6 State long-term care ombudsman program

7 and timely responses to complaints and re8 quests for assistance,

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

10 complaints made by or on behalf of such

11 residents that relate to action, inaction, or

12 decisions, that may adversely affect the

13 health, safety, welfare, or rights of such

14 residents,

15 ‘‘(IV) represent the interests of such

16 residents before government agencies and

17 seek administrative, legal, and other rem18 edies to protect the health, safety, welfare,

19 and rights of such residents,

20 ‘‘(V) review, and if necessary, com21 ment on existing and proposed laws, rules,

22 and other government policies and actions,

23 that pertain to the rights and well-being of

24 such residents,
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1 ‘‘(VI) facilitate the ability of the pub2 lic to comment on such laws, rules, poli3 cies, and actions,

4 ‘‘(VII) support the development of

5 resident and family councils, and

6 ‘‘(VIII) carry out other activities that

7 the State agency determines to be appro8 priate.

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

10 policies and procedures for monitoring local om11 budsman entities designated to carry out the

12 duties specified in subparagraph (A).

13 ‘‘(II) If the entities are grantees, or the

14 representatives are employees, of area agencies

15 on aging, the State agency shall develop the

16 policies after consultation with the area agen17 cies on aging. The policies shall provide for par18 ticipation and comment by such agencies and

19 for resolution of concerns with respect to case

20 activity.

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

22 policies and procedures in accordance with all

23 provisions of this subtitle regarding confiden24 tiality and conflict of interest.
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1 ‘‘(D) PROCEDURES FOR ACCESS.—The

2 State shall ensure, and shall establish proce3 dures that ensure, that program representatives

4 of the State agency shall have—

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

6 and residents,

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

8 the medical and social records of a resi9 dent, if the representative has the permis10 sion of the resident (or the legal represent11 ative of the resident), or the resident is un12 able to consent to the review and has no

13 legal representative, or

14 ‘‘(II) access to such records as is nec15 essary to investigate a complaint if a legal

16 guardian of the resident refuses to give the

17 permission, a program representative of

18 the State agency has reasonable cause to

19 believe that the guardian is not acting in

20 the best interests of the resident, and the

21 program representative obtains the ap22 proval of the State agency,

23 ‘‘(iii) access to the administrative

24 records, policies, and documents, to which
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1 the residents have, or the general public

2 has access, of long-term care facilities, and

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

4 of all licensing and certification records

5 maintained by the State with respect to

6 long-term care facilities.

7 ‘‘(E) REPORTING SYSTEM.—The State

8 agency shall collect and analyze data relating to

9 complaints and conditions in long-term care fa10 cilities and to older individuals who are resi11 dents of long-term care facilities, for the pur12 pose of identifying and resolving significant

13 problems.

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

15 shall establish procedures for the disclosure by

16 the State agency or local ombudsman entities of

17 files maintained by the State long-term care

18 ombudsman program, including records and

19 data described in subparagraphs (D) and (E).

20 ‘‘(ii) The procedures described in clause (i)

21 shall provide that, subject to clause (iii), the

22 files and records described in clause (i) may be

23 disclosed only at the discretion of the State

24 agency. The procedures described in clause (i)

25 shall prohibit the disclosure of the identity of
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1 any complainant, or resident of a long-term

2 care facility, with respect to whom the State

3 agency maintains such files or records unless—

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

5 the legal representative of the complainant

6 or resident, consents to the disclosure and

7 the consent is given in writing,

8 ‘‘(II) the complainant or resident

9 gives consent orally and the consent is doc10 umented contemporaneously in writing

11 made by a program representative of the

12 State agency in accordance with such re13 quirements as the State agency shall estab14 lish, or

15 ‘‘(III) the disclosure is required by

16 court order.

17 ‘‘(G) CONSULTATION.—In planning and

18 operating the State long-term care ombudsman

19 program, the State agency shall consider the

20 views of area agencies on aging, older individ21 uals, and providers of long-term care.

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

23 agency shall develop procedures to prevent con24 flicts of interest with respect to individuals and
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1 entities that carry out activities under the State

2 long-term care ombudsman program.

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

4 shall ensure that—

5 ‘‘(i)(I) adequate legal counsel is avail6 able and able to provide advice and con7 sultation needed to protect the health,

8 safety, welfare, and rights of older individ9 uals who are residents of long-term care

10 facilities, and to assist the program rep11 resentatives of the State agency in the per12 formance of the official duties of the State

13 agency, and

14 ‘‘(II) legal representation is provided

15 to any program representative of the State

16 agency against whom suit or other legal

17 action is brought or threatened to be

18 brought in connection with the perform19 ance of the official duties of the State

20 agency or such a representative, and

21 ‘‘(ii) the State agency pursues admin22 istrative, legal, and other appropriate rem23 edies on behalf of such residents.

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

25 that no program representative of the State
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1 agency will be liable under State law for the

2 good faith performance of official duties.

3 ‘‘(K) NONINTERFERENCE.—The State

4 shall—

5 ‘‘(i) ensure that willful interference

6 with the State agency in the performance

7 of the official duties under the State long8 term care ombudsman program shall be

9 unlawful,

10 ‘‘(ii) prohibit retaliation and reprisals

11 by a long-term care facility or other entity

12 with respect to any resident, employee, or

13 other person for filing a complaint with,

14 providing information to, or otherwise co15 operating with any representative of, the

16 State agency, and

17 ‘‘(iii) provide for appropriate sanc18 tions with respect to the interference, re19 taliation, and reprisals.

20 ‘‘(L) LIMITATION ON EXPENDITURES.—(i)

21 Except as provided in clause (ii), the amount of

22 funds made available under this Act that may

23 be expended by a State in any fiscal year to

24 carry out the State long-term care ombudsman

25 program may not exceed the amount that bears
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1 the same ratio to the aggregate amount of

2 funds made available under this Act for such

3 fiscal year to carry out chapter 2 as the amount

4 of funds made available under the Older Ameri5 cans Act of 1965 for fiscal year 1995 expended

6 by the State to carry out the State long-term

7 care ombudsman programs under title VII and

8 part B of title III of the Older Americans Act

9 of 1965 bears to the aggregate amount avail10 able under such Act for fiscal year 1995 to

11 carry out such title VII and such part B.

12 ‘‘(ii)(I) If a State demonstrates, in an ap13 plication, to the satisfaction of the Assistant

14 Secretary that the maximum amount subpara15 graph (A) permits the State to expend for a fis16 cal year to carry out the State long-term care

17 ombudsman program is insufficient to satisfy

18 the need for services provided by such program,

19 then the Assistant Secretary may grant a waiv20 er that permits the State to expend for such fis21 cal year an amount equal to not more than 105

22 percent of such maximum amount to carry out

23 such program.

24 ‘‘(II) At a minimum, the application de25 scribed in subclause (I) shall include a descrip-
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1 tion of the additional amount requested to be so

2 expended, the purposes for which such amount

3 will be expended, the need for such amount,

4 and the impact so expending such amount will

5 have on the provision of other services provided

6 under chapter 2. The Assistant Secretary shall

7 approve or deny the application in writing.

8 ‘‘(10) LEGAL ASSISTANCE.—If a State elects to

9 provide legal assistance, the plan shall contain assur10 ances that with respect to legal assistance that area

11 agencies on aging will—

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

13 legal assistance that can demonstrate the expe14 rience or capacity to deliver legal assistance,

15 and

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

17 legal assistance activities authorized under this

18 chapter, including groups within the private bar

19 furnishing services to older individuals on a pro

20 bono and reduced fee basis.

21 ‘‘(11) PREVENTION OF ELDER ABUSE, NE22 GLECT, AND EXPLOITATION.—If the State elects to

23 provide for a fiscal year for services for the preven24 tion of elder abuse, neglect, and exploitation, the

25 plan shall—
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1 ‘‘(A) contain an assurance that the State

2 has in effect laws relating to elder abuse, ne3 glect, and exploitation that include provisions

4 for immunity for persons who report instances

5 of elder abuse, neglect, and exploitation, from

6 prosecution under any State or local law arising

7 out of such reporting,

8 ‘‘(B) contain an assurance that individuals

9 who provide services to prevent elder abuse, ne10 glect, and exploitation are trained to effectively

11 deal with such reported instances,

12 ‘‘(C) contain an assurance that involuntary

13 or coerced participation in such program by al14 leged victims, abusers, or members of their

15 households will not be permitted,

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

17 requires all information gathered in the course

18 of receiving reports on instances of, and of

19 making referrals relating to elder abuse, ne20 glect, and exploitation remain confidential ex21 cept—

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

23 consent in writing to the release of such

24 information,
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1 ‘‘(ii) if the release of such information

2 is to a law enforcement agency, public pro3 tective service agency, licensing or certifi4 cation agency, ombudsman program, or

5 protection or advocacy system, or

6 ‘‘(iii) upon court order,

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

8 agency will make all reasonable efforts to re9 solve any conflicts with other public agencies

10 with respect to confidentiality of the informa11 tion described in subparagraph (D),

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

13 agency will coordinate its program with law en14 forcement officials, courts of competent juris15 diction, and other relevant State and local pro16 grams, including area agencies on aging and

17 agencies that administer adult protective serv18 ices, medicaid fraud and abuse services (includ19 ing services provided by a State Medicaid fraud

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

21 the Social Security Act (42 U.S.C. 1396b(q)),

22 and victim assistance programs,

23 ‘‘(G) contain an assurance that older indi24 viduals participate in decisions regarding their

25 welfare, and
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1 ‘‘(H) specify such other activities that the

2 State agency determines to be beneficial in the

3 prevention of abuse, neglect, or exploitation of

4 older individuals and intends to carry out under

5 such program.

6 ‘‘(12) OUTREACH.—The plan shall provide as7 surances that the State agency will require outreach

8 efforts that will—

9 ‘‘(A) identify individuals eligible for assist10 ance under chapters 2 and 3, with special em11 phasis on—

12 ‘‘(i) older individuals residing in rural

13 areas,

14 ‘‘(ii) older individuals with greatest

15 economic need,

16 ‘‘(iii) older individuals with greatest

17 social need,

18 ‘‘(iv) older individuals with severe dis19 abilities,

20 ‘‘(v) older individuals with limited

21 English-speaking ability,

22 ‘‘(vi) older individuals with Alz23 heimer’s disease or related disorders with

24 neurological and organic brain dysfunction
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1 (and the caretakers of such individuals),

2 and

3 ‘‘(vii) low-income minority individuals,

4 and

5 ‘‘(B) inform the older individuals referred

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

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

8 the availability of such assistance.

9 ‘‘(13) OLDER INDIVIDUALS WITH DISABIL10 ITIES.—The plan shall provide, with respect to the

11 needs of older individuals with disabilities, assur12 ances that the State agency will coordinate planning,

13 identification, assessment of needs, and services for

14 older individuals with disabilities (with particular at15 tention to individuals with severe disabilities) with

16 the State agencies with primary responsibility for in17 dividuals with disabilities (including severe disabil18 ities).

19 ‘‘(14) COORDINATION OF COMMUNITY-BASED

20 LONG-TERM CARE SERVICES.—The plan shall pro21 vide assurances that area agencies on aging will con22 duct efforts to facilitate the coordination of commu23 nity-based long-term care services, pursuant to sec24 tion 305(a)(6)(G), for older individuals who—
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1 ‘‘(A) reside at home and are at risk of in2 stitutionalization because of limitations on their

3 ability to function independently,

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

5 risk of prolonged institutionalization, or

6 ‘‘(C) are patients in long-term care facili7 ties, but who can return to their homes if com8 munity-based services are provided to them.

9 ‘‘(15) PROHIBITION ON MISUSE OF FUNDS.—

10 The plan shall provide assurances that funds re11 ceived from allotments under section 302(a) will not

12 be used to pay any part of a cost (including an ad13 ministrative cost) incurred by the State or an area

14 agency on aging to carry out a contract or commer15 cial relationship that is not carried out to implement

16 chapter 2 or 3.

17 ‘‘(16) COORDINATION OF SERVICES; PROVISION

18 OF MULTIGENERATIONAL SERVICES.—The plan shall

19 provide assurances that demonstrable efforts will be

20 made—

21 ‘‘(A) to coordinate services provided under

22 chapters 2 and 3 with other State services that

23 benefit older individuals, and

24 ‘‘(B) to provide multigenerational activi25 ties, such as opportunities for older individuals
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1 to serve as mentors or advisers in programs

2 that provide child care, youth day care, edu3 cational assistance, at-risk youth intervention,

4 juvenile delinquency treatment, and family sup5 port.

6 ‘‘(17) QUALITY ASSURANCE.—The plan shall

7 include assurances that the State has in effect a

8 mechanism to provide for quality in the provision of

9 services under chapters 2 and 3.

10 ‘‘(18) COST SHARING.—If the State, after con11 sultation with area agencies on aging, elects to re12 quire cost sharing by recipients of services under the

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

14 aging to require cost sharing by recipients of serv15 ices under area plans), the plan shall—

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

17 required for—

18 ‘‘(i) information and assistance serv19 ices, outreach, benefits counseling, or case

20 management services, or

21 ‘‘(ii) ombudsman or other protective

22 services, or

23 ‘‘(B)(i) exempt from cost-sharing require24 ments individuals with incomes below a low-in25 come threshold set by the State,
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1 ‘‘(ii) set cost-sharing rates for individuals

2 with incomes above such threshold on a sliding3 fee scale based on income, and

4 ‘‘(iii) provide that the income of older indi5 viduals will be determined by self-declaration.

6 ‘‘(19) SOLICITATION OF VOLUNTARY CONTRIBU7 TIONS.—The plan shall provide that the State will

8 permit area agencies on aging to permit service pro9 viders to solicit for services provided under the plan

10 voluntary contributions that—

11 ‘‘(A) are based on the ability of older indi12 viduals to make such contributions, and

13 ‘‘(B) will be used to increase, or expand

14 access to, services provided under the plan.

15 ‘‘(20) USE OF VOUCHERS TO OBTAIN SERV16 ICES.—(A) Subject to subparagraph (B), the plan

17 shall identify each specific supportive service and

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

19 to permit area agencies on aging to provide by issu20 ing vouchers (redeemable by the State agency or

21 area agency on aging) to older individuals to permit

22 such individuals to obtain such service.

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

24 under subparagraph (A) with respect to a nutrition

25 service only if the plan includes an assurance that—
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1 ‘‘(i) such service provided in exchange for

2 vouchers will provide meals that satisfy the re3 quirements specified in section 332(2)(A), and

4 ‘‘(ii) an area agency on aging will be per5 mitted by the State agency to provide such

6 service by issuing such vouchers, only if the

7 area agency on aging is unable to provide such

8 service by contract with a service provider.

9 ‘‘(b) APPROVAL OF STATE PLAN.—The Assistant

10 Secretary shall approve any State plan that the Assistant

11 Secretary finds fulfills the requirements of subsection (a).

12 ‘‘(c) DISAPPROVAL OF STATE PLAN.—(1) The As13 sistant Secretary shall not make a final determination dis14 approving any State plan, or any modification thereof, or

15 make a final determination that a State is ineligible under

16 section 303, without first affording the State reasonable

17 notice and opportunity for a hearing.

18 ‘‘(2) Not later than 30 days after such final deter19 mination, a State dissatisfied with such final determina20 tion may appeal such final determination to the Secretary

21 for review. If the State timely appeals such final deter22 mination in accordance with subsection (e)(1), the Sec23 retary shall dismiss the appeal filed under this paragraph.

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

25 of the Secretary after review under paragraph (2), the
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1 State may appeal such decision not later than 30 days

2 after such decision and in the manner described in sub3 section (e).

4 ‘‘(B) For purposes of appellate review under subpara5 graph (A), a reference in subsection (e) to the Assistant

6 Secretary shall be deemed to be a reference to the Sec7 retary.

8 ‘‘(d) NOTIFICATION OF STATE.—(1) Whenever the

9 Assistant Secretary, after providing reasonable notice and

10 opportunity for a hearing to the State agency, finds that—

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

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

13 it no longer complies substantially with subsection

14 (a), or

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

16 a failure to comply substantially with any provision

17 of subsection (a),

18 the Assistant Secretary shall notify the State agency that

19 no further payments from its allotments under section

20 302(a) will be made to the State (or, in the Assistant Sec21 retary’s discretion, that further payments to the State will

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

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

24 is satisfied that there will no longer be any failure to com25 ply. Until the Assistant Secretary is so satisfied, no fur-
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1 ther payments shall be made to the State from its allot2 ments under section 302(a) (or payments shall be limited

3 to projects under or portions of the State plan not affected

4 by such failure).

5 ‘‘(2)(A) The Assistant Secretary shall, in accordance

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

7 withheld directly to any public or nonprofit private organi8 zation or agency or political subdivision of the State sub9 mitting an approved plan in accordance with the provi10 sions of this section.

11 ‘‘(B) The limitation specified in section 302(a)(4)

12 shall apply with respect to the use of such funds by the

13 organization, agency, or political subdivision that receives

14 such funds.

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

16 a final action of the Assistant Secretary under subsection

17 (b), (c), or (d) may appeal to the United States court of

18 appeals for the circuit in which the State is located, by

19 filing a petition with such court within 30 days after such

20 final action. A copy of the petition shall be forthwith

21 transmitted by the clerk of the court to the Assistant Sec22 retary, or any officer designated by the Assistant Sec23 retary for such purpose. The Assistant Secretary there24 upon shall file in the court the record of the proceedings
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1 on which the Assistant Secretary’s action is based, as pro2 vided in section 2112 of title 28, United States Code.

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

4 have jurisdiction to affirm the action of the Assistant Sec5 retary or to set it aside, in whole or in part, temporarily

6 or permanently, but until the filing of the record, the As7 sistant Secretary may modify or set aside the Assistant

8 Secretary’s order. The findings of the Assistant Secretary

9 as to the facts, if supported by substantial evidence, shall

10 be conclusive, but the court, for good cause shown may

11 remand the case to the Assistant Secretary to take further

12 evidence, and the Assistant Secretary shall, within 30

13 days, file in the court the record of those further proceed14 ings. Such new or modified findings of fact shall likewise

15 be conclusive if supported by substantial evidence. The

16 judgment of the court affirming or setting aside, in whole

17 or in part, any action of the Assistant Secretary shall be

18 final, subject to review by the Supreme Court of the Unit19 ed States upon certiorari or certification as provided in

20 section 1254 of title 28, United States Code.

21 ‘‘(3) The commencement of proceedings under this

22 subsection shall not, unless so specifically ordered by the

23 court, operate as a stay of the Assistant Secretary’s ac24 tion.
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1 ‘‘(f) PRESERVATION OF ATTORNEY-CLIENT PRIVI2 LEGE.—Neither a State, nor a State agency, may require

3 any provider of legal assistance under this chapter to re4 veal any information that is protected by the attorney-cli5 ent privilege.

6 ‘‘SEC. 305. AREA PLANS.

7 ‘‘(a) PLAN.—Each area agency on aging designated

8 under section 303(a)(2)(A) shall, in order to be approved

9 by the State agency, prepare and develop an area plan

10 for a planning and service area for a 2-, 3-, or 4-year pe11 riod determined by the State agency, with such annual ad12 justments as may be necessary. Each such plan shall be

13 based upon a uniform format for area plans within the

14 State. Each such plan shall comply with all of the follow15 ing requirements:

16 ‘‘(1) SCOPE OF PLAN.—The plan shall provide,

17 through a comprehensive and coordinated system,

18 for—

19 ‘‘(A) supportive services, nutrition services

20 (including in-home meals and congregate nutri21 tion services), and, where appropriate, for the

22 establishment or maintenance of multipurpose

23 senior centers, within the planning and service

24 area covered by the plan,
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1 ‘‘(B) determining the extent of need for

2 supportive services, nutrition services (taking

3 into consideration the comparative need for

4 home-delivered nutrition services and con5 gregate nutrition services), and multipurpose

6 senior centers in such area (taking into consid7 eration, among other things, the number of

8 older individuals with low incomes residing in

9 such area, the number of older individuals who

10 have greatest economic need residing in such

11 area, the number of older individuals who have

12 greatest social need residing on reservations in

13 such area, and the number of older individuals

14 who are Indians residing in such area, and the

15 efforts of voluntary organizations in the com16 munity),

17 ‘‘(C) evaluating the effectiveness of the use

18 of resources in meeting such need, and

19 ‘‘(D) entering into agreements with provid20 ers of supportive services, nutrition services, or

21 multipurpose senior centers in such area, for

22 the provision of such services or centers to meet

23 such need.

24 ‘‘(2) PROMOTION OF INDEPENDENT LIVING.—

25 The plan shall promote independent living through
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1 the provision of home- and community-based care,

2 address the nutrition and health-promotion needs of

3 older individuals, provide advocacy for and protect

4 the rights of vulnerable older individuals in both

5 community-based and institutional settings, specify

6 efforts to be undertaken to ensure the quality of

7 supportive services and nutrition services provided in

8 such settings, enhance access to services provided

9 under the plan, and encourage community participa10 tion in carrying out the plan.

11 ‘‘(3) INFORMATION AND ASSISTANCE SERV12 ICES.—The plan shall provide for the establishment

13 and maintenance of information and assistance serv14 ices to ensure that older individuals within the plan15 ning and service area covered by the plan will have

16 reasonably convenient access to such services, with

17 particular emphasis on linking services available to

18 isolated older individuals and older individuals with

19 Alzheimer’s disease or related disorders with neuro20 logical and organic brain dysfunction (and the care21 takers of individuals with such disease or disorders).

22 ‘‘(5) SPECIFIC OBJECTIVES; OUTREACH.—(A)

23 The plan shall contain assurances that the area

24 agency on aging will set specific objectives for pro25 viding services to older individuals with greatest eco-
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1 nomic need, older individuals with greatest social

2 need, and older individuals residing in rural areas.

3 ‘‘(B) The plan shall contain assurances that the

4 area agency on aging will use outreach efforts that

5 will—

6 ‘‘(i) identify individuals eligible for assist7 ance under chapters 2 and 3, with special em8 phasis on—

9 ‘‘(I) older individuals residing in rural

10 areas,

11 ‘‘(II) older individuals with greatest

12 economic need,

13 ‘‘(III) older individuals with greatest

14 social need,

15 ‘‘(IV) older individuals with severe

16 disabilities,

17 ‘‘(V) older individuals with limited

18 English-speaking ability,

19 ‘‘(VI) older individuals with Alz20 heimer’s disease or related disorders with

21 neurological and organic brain dysfunction

22 (and the caretakers of such individuals),

23 and

24 ‘‘(VII) low-income minority individ25 uals, and
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1 ‘‘(ii) inform the older individuals referred

2 to in subclauses (I) through (VII) of clause (i),

3 and the caretakers of such individuals, of the

4 availability of such assistance.

5 ‘‘(5) EVALUATIONS; TECHNICAL ASSISTANCE

6 AND INFORMATION; ADVOCACY; ADVISORY COUN7 CIL.—The plan shall provide that the area agency on

8 aging will—

9 ‘‘(A) furnish appropriate technical assist10 ance, and information in a timely manner, to

11 providers of supportive services, nutrition serv12 ices, or multipurpose senior centers in the plan13 ning and service area covered by the area plan,

14 ‘‘(B) take into account in connection with

15 matters of general policy arising in the develop16 ment and administration of the area plan, the

17 views of recipients of services under such plan,

18 ‘‘(C) serve as the advocate and focal point

19 for older individuals within the community by

20 (in cooperation with agencies, organizations,

21 and individuals participating in activities under

22 the plan) monitoring, evaluating, and comment23 ing on all policies, programs, hearings, levies,

24 and community actions that will affect older in25 dividuals,
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1 ‘‘(D) establish an advisory council consist2 ing of older individuals who are participants or

3 who are eligible to participate in programs as4 sisted under this title, representatives of older

5 individuals, local elected officials, providers of

6 veterans’ health care (if appropriate), and the

7 general public, to advise continuously the area

8 agency on aging on all matters relating to the

9 development of the area plan, the administra10 tion of the plan and operations conducted under

11 the plan,

12 ‘‘(E) facilitate the coordination of commu13 nity-based, long-term care services designed to

14 retain individuals in their homes, thereby defer15 ring unnecessary, costly institutionalization,

16 and designed to include the development of case

17 management services as a component of the

18 long-term care services,

19 ‘‘(F) facilitate the involvement of long20 term care providers in the coordination of com21 munity-based long-term care services and work

22 to ensure community awareness of and involve23 ment in addressing the needs of residents of

24 long-term care facilities,
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1 ‘‘(G) coordinate services and activities car2 ried out under the area plan with—

3 ‘‘(i) activities of community-based or4 ganizations established for the benefit of

5 older individuals with Alzheimer’s disease

6 or related disorders with neurological and

7 organic brain dysfunction (and the families

8 of such individuals), and

9 ‘‘(ii) the mental health services pro10 vided by community health centers and by

11 other public agencies and nonprofit private

12 organizations, and

13 ‘‘(H) establish a grievance procedure for

14 older individuals who are dissatisfied with or

15 denied services under chapters 2 and 3.

16 ‘‘(6) VOLUNTEERS.—The plan shall encourage,

17 and enlist the services of, local volunteer groups to

18 provide assistance and services appropriate to the

19 unique needs of older individuals within the planning

20 and service area, including coordination with pro21 grams carried out under subtitles A and C of title

22 IV.

23 ‘‘(7) PREVENTION OF THE ABUSE, NEGLECT,

24 OR EXPLOITATION OF OLDER INDIVIDUALS.—If the

25 area agency on aging elects to provide a program to
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1 prevent the abuse, neglect, or exploitation of older

2 individuals or is required by the State agency to

3 carry out such program, the plan shall—

4 ‘‘(A) contain an assurance that the area

5 agency on aging will conduct such a program

6 consistent with the provisions of this subtitle,

7 ‘‘(B) contain an assurance that the area

8 agency on aging will provide public education

9 and outreach to identify and prevent abuse, ne10 glect, and exploitation of older individuals,

11 ‘‘(C) contain an assurance that the area

12 agency on aging—

13 ‘‘(i) will establish procedures for re14 ceipt of reports of abuse, neglect, and ex15 ploitation of older individuals, and

16 ‘‘(ii) upon receipt of a report of

17 known or suspected instances of elder

18 abuse, neglect, or exploitation, shall

19 promptly refer to reported matter to the

20 proper authorities for investigation and ac21 tion consistent with State law, and

22 ‘‘(D) specify such other activities that the

23 area agency determines to be beneficial in the

24 prevention of abuse, neglect, or exploitation of
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1 older individuals and intends to carry out under

2 such program.

3 ‘‘(8) DESCRIPTION OF ACTIVITIES.—The plan

4 shall—

5 ‘‘(A) describe all activities of the area

6 agency on aging for which financial assistance

7 is provided to carry out chapters 2 and 3, and

8 ‘‘(B) contain an assurance that such activi9 ties conform with—

10 ‘‘(i) the responsibilities of the area

11 agency on aging, as set forth in this sub12 section, and

13 ‘‘(ii) the laws, rules, and policies of

14 the State in which the area agency on

15 aging is carrying out an area plan.

16 ‘‘(9) DISCLOSURE OF SOURCES AND EXPENDI17 TURES OF FUNDS.—The plan shall contain an assur18 ance that the area agency on aging will, on the re19 quest of the State and for the purpose of monitoring

20 compliance with this subtitle (including conducting

21 an audit), disclose all sources and expenditures of

22 funds such agency receives or expends to provide

23 services to older individuals.

24 ‘‘(10) PROHIBITION ON MISUSE OF FUNDS.—

25 The plan shall contain assurances that funds re-
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1 ceived from allotments under section 302(a) will not

2 be used to pay any part of a cost (including an ad3 ministrative cost) incurred by the area agency on

4 aging to carry out a contract or commercial relation5 ship that is not carried out to implement chapters

6 2 and 3.

7 ‘‘(11) PROHIBITION OF PREFERENCE.—The

8 plan shall contain assurances that preference in re9 ceiving services under chapters 2 and 3 will not be

10 given by the area agency on aging to particular older

11 individuals as a result of a contract or commercial

12 relationship that is not carried out to implement

13 such chapters.

14 ‘‘(12) CASE MANAGEMENT SERVICES.—The

15 plan shall provide that case management services

16 provided under this chapter through the area agency

17 on aging will—

18 ‘‘(A) not duplicate case management serv19 ices provided through other Federal and State

20 programs,

21 ‘‘(B) be coordinated with services described

22 in subparagraph (A), and

23 ‘‘(C) be provided by—

24 ‘‘(i) a public agency, or

25 ‘‘(ii) a nonprofit private agency that—
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1 ‘‘(I) does not provide, and does

2 not have a direct or indirect owner3 ship or controlling interest in, or a di4 rect or indirect affiliation or relation5 ship with, an entity that provides,

6 services (other than case management

7 services, outreach, and information

8 and referral) under this title, or

9 ‘‘(II) is located in a rural area

10 and obtains a waiver of the require11 ment described in subclause (I).

12 ‘‘(13) COST SHARING.—The plan shall contain

13 assurances that any requirements for cost sharing

14 by recipients of services provided under the plan will

15 be consistent with those provisions of the State plan

16 that satisfy the requirement specified in section

17 304(a)(18).

18 ‘‘(b) PRESERVATION OF ATTORNEY-CLIENT PRIVI19 LEGE.—An area agency on aging may not require any pro20 vider of legal assistance under this chapter to reveal any

21 information that is protected by the attorney-client privi22 lege.

23 ‘‘(c) STATE AUTHORITY TO WITHHOLD FUNDS.—(1)

24 If the head of a State agency finds that an area agency

25 on aging has failed to comply with Federal or State laws,
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1 including the area plan requirements of this section, rules,

2 or policies, the State may withhold from the area agency

3 on aging a portion of the funds available under the allot4 ment made under section 302(a).

5 ‘‘(2)(A) The head of a State agency shall not make

6 a final determination withholding funds under paragraph

7 (1) without first affording the area agency on aging due

8 process in accordance with procedures established by the

9 State agency.

10 ‘‘(B) At a minimum, such procedures shall include

11 procedures for—

12 ‘‘(i) providing notice of an action to withhold

13 funds,

14 ‘‘(ii) providing documentation of the need for

15 such action, and

16 ‘‘(iii) at the request of the area agency on

17 aging, conducting a public hearing concerning such

18 action.

19 ‘‘(3)(A) If a State agency withholds the funds under

20 paragraphs (1) and (2), the State agency may use the

21 funds withheld to directly administer programs under

22 chapters 2 and 3 in the planning and service area served

23 by the area agency on aging for a period not to exceed

24 180 days, except as provided in subparagraph (B).
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1 ‘‘(B) If the State agency determines that the area

2 agency on aging has not taken corrective action, or if the

3 State agency does not approve the corrective action, dur4 ing the 180-day period described in subparagraph (A), the

5 State agency may extend the period for not more than

6 90 days.

7 ‘‘SEC. 306. PLANNING, COORDINATION, EVALUATION, AND

8 ADMINISTRATION OF STATE PLANS.

9 ‘‘(a) GRANTS FOR STATE ACTIVITIES.—(1) Amounts

10 available to States under section 302(c)(1) may be used

11 to make grants to States to pay such percentage as each

12 State agency determines, but not more than 85 percent,

13 of the cost of the administration of its State plan, includ14 ing—

15 ‘‘(A) the preparation of the State plan,

16 ‘‘(B) the evaluation of activities carried out

17 under such plan,

18 ‘‘(C) the collection of data and the carrying out

19 of analyses related to the need for supportive serv20 ices, nutrition services (taking into consideration the

21 comparative need for home-delivered nutrition serv22 ices and for congregate nutrition services), multipur23 pose senior centers, and community service employ24 ment within the State, and dissemination of infor25 mation so obtained,
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1 ‘‘(D) the provision of short-term training to

2 personnel of public or nonprofit private agencies and

3 organizations engaged in the operation of programs,

4 projects, and activities authorized by chapters 2 and

5 3, and

6 ‘‘(E) and the carrying out of demonstration

7 projects of statewide significance relating to the ini8 tiation, expansion, or improvement of services and

9 activities provided under chapters 2 and 3.

10 ‘‘(2) Any funds available to a State under subsection

11 (b) for part of the cost of the administration of its State

12 plan that the State determines is not needed for such pur13 pose may be used by the State to supplement the amount

14 available under section 302(c)(2)(B) to cover part of the

15 cost of the administration of area plans.

16 ‘‘(3) The portion of the allotment made available

17 under section 302(c)(1) to a State for any fiscal year, that

18 the State determines will not be required by the State for

19 such year for the purposes described in paragraph (1)

20 shall be available to the State to provide services under

21 chapter 2, chapter 3, or both, in the State.

22 ‘‘(4) Any State that is designated under section

23 303(a)(1)(E) a single planning and service area covering

24 all, or substantially all, of the older individuals in the

25 State, as determined by the Assistant Secretary, may elect
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1 to pay part of the costs of the administration of State and

2 area plans either out of the amount of funds received

3 under this section or out of the amount of funds made

4 available for the administration of area plans under sec5 tion 302(c)(2)(B), but shall not pay such costs out of both

6 such amounts.

7 ‘‘(b) AUTHORITY TO TRANSFER FUNDS.—(1)(A)

8 Notwithstanding any other provision of this subtitle and

9 except as provided in subparagraph (B), of the funds re10 ceived by a State attributable to funds appropriated under

11 paragraphs (1) and (2) of section 395(a), the State (after

12 consultation with area agencies on aging and with service

13 providers) may elect to transfer not more than 25 percent

14 for any fiscal year between programs under chapter 2 and

15 programs under chapter 3 for use as the State considers

16 appropriate. The State shall notify the Assistant Secretary

17 of any such election.

18 ‘‘(B) If a State demonstrates in an application, to

19 the satisfaction of the Assistant Secretary, that funds re20 ceived by the State and attributable to funds appropriated

21 under paragraphs (1) and (2) of section 395(a), (including

22 funds transferred under subparagraph (A) without regard

23 to this subparagraph) for any fiscal year are insufficient

24 to satisfy the need for services under chapter 2 or 3, then

25 the Assistant Secretary may grant a waiver that permits
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1 the State to transfer under subparagraph (A) to satisfy

2 such need an additional 25 percent of the funds so re3 ceived for such fiscal year.

4 ‘‘(C) At a minimum, the application described in sub5 paragraph (B) shall include a description of the amount

6 to be transferred, the purposes of the transfer, the need

7 for the transfer, and the impact of the transfer on the

8 provision of services from which the funding will be trans9 ferred. The Assistant Secretary shall approve or deny the

10 application in writing.

11 ‘‘(2) After consultation with service providers, a State

12 agency may delegate to an area agency on aging or any

13 other entity the authority to make a transfer under para14 graph (1).

15 ‘‘(3) The Assistant Secretary shall annually collect,

16 and include in the report required by section 202, data

17 regarding the transfers described in paragraph (1), includ18 ing—

19 ‘‘(A) the amount of funds involved in the trans20 fers, analyzed by State,

21 ‘‘(B) in the case of transfers described in para22 graph (1), the effect of the transfers on the provi23 sion of services provided under—

24 ‘‘(i) chapter 2, and
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1 ‘‘(ii) chapter 3, including the effect on the

2 number of meals served.

3 ‘‘SEC. 307. PAYMENTS.

4 ‘‘Payments of grants, or under contracts, made under

5 chapters 2 and 3 may be made (after necessary adjust6 ments resulting from previously made overpayments or

7 underpayments) in advance or by way of reimbursement,

8 and in such installments, as the Assistant Secretary may

9 determine.

10 ‘‘CHAPTER 2—SUPPORTIVE SERVICES AND

11 MULTIPURPOSE SENIOR CENTERS

12 ‘‘SEC. 321. PROGRAM AUTHORIZED.

13 ‘‘(a) SUPPORTIVE SERVICES.—The Assistant Sec14 retary shall carry out a program for making grants to

15 States under State plans approved under section 304 for

16 any of the following supportive services that are necessary

17 for the general welfare of older individuals:

18 ‘‘(1) Health (including mental health), edu19 cation and training, welfare, informational, rec20 reational, homemaker, counseling, or referral serv21 ices.

22 ‘‘(2) Services designed to encourage and assist

23 older individuals to use the facilities and services

24 (including information and assistance services) avail25 able to them, including language translation services
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1 to assist older individuals with limited-English

2 speaking ability to obtain services under this chap3 ter.

4 ‘‘(3) Services designed—

5 ‘‘(A) to assist older individuals to obtain

6 adequate housing, including residential repair

7 and renovation projects designed to enable older

8 individuals to maintain their homes in conform9 ity with minimum housing standards,

10 ‘‘(B) to adapt homes to meet the needs of

11 older individuals with disabilities,

12 ‘‘(C) to prevent unlawful entry into resi13 dences of older individuals, through the installa14 tion of security devices and through structural

15 modifications or alterations of such residences,

16 or

17 ‘‘(D) to receive applications from older in18 dividuals for housing under section 202 of the

19 Housing Act of 1959 (12 U.S.C. 1701Q).

20 ‘‘(4) Services designed to assist older individ21 uals to avoid institutionalization, and services de22 signed to assist individuals in long-term care institu23 tions who are able to return to their communities,

24 including—
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1 ‘‘(A) client assessment services, and devel2 opment and coordination of community-based

3 services,

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

11 who provide in-home services to frail older indi12 viduals, 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,

17 reader, 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

5 guardians, if other adequate representation

6 is unavailable 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 individ13 uals to attain and maintain physical and mental

14 well-being through programs of regular physical ac15 tivity,

16 ‘‘(7) Activities designed to promote disease pre17 vention and health promotion.

18 ‘‘(8) Services designed to provide, for older in19 dividuals, preretirement counseling and assistance in

20 planning for and assessing future post-retirement

21 needs with regard to public and private insurance,

22 public benefits, lifestyle changes, relocation, legal

23 matters, leisure time, and other appropriate matters.

24 ‘‘(9) Services of an ombudsman to receive, in25 vestigate, 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 of

12 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

18 diseases 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 mul9 tipurpose 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 ac14 cess to the services authorized by this subsection to

15 be provided.

16 ‘‘(21) Any other services.

17 ‘‘CHAPTER 3—NUTRITION SERVICES

18 ‘‘SEC. 331. PROGRAM AUTHORIZED.

19 ‘‘(a) NUTRITION SERVICES.—The Assistant Sec20 retary shall carry out a program for making grants to

21 States under State plans approved under section 304 for

22 the establishment and operation of nutrition projects that

23 5 or more days a week (except in a rural area where such

24 frequency is not feasible) and a lesser frequency when it

25 is approved 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

8 individuals under subsection (a)(3) may be hot, cold, fro9 zen, dried, canned, or supplemental foods (with a satisfac10 tory 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

7 of Medicine of the National Academy

8 of Sciences, if the project provides 1

9 meal per day,

‘‘(II) a minimum of 662 10 ⁄3 percent

11 of the allowances if the project pro12 vides 2 meals per day, and

13 ‘‘(III) 100 percent of the allow14 ances if the project provides 3 meals

15 per day,

16 ‘‘(iii) to the maximum extent prac17 ticable, are adjusted to meet any special

18 dietary 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

23 contracts that limit the amount of time meals

24 must spend in transit before they are

25 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

16 allow nutrition project administrators the op17 tion to offer a meal, on the same basis as meals

18 provided to participating older individuals, to

19 individuals providing volunteer services during

20 the meal hours, and to individuals with disabil21 ities who reside at home with and accompany

22 older individuals 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 occu3 pied primarily by older individuals at which

4 congregate nutrition services are provided, and

5 ‘‘(I) where appropriate, provide for nutri6 tion education, counseling, and screening.

7 ‘‘CHAPTER 4—COMMUNITY SERVICE

8 EMPLOYMENT FOR OLDER AMERICANS

9 ‘‘SEC. 351. SHORT TITLE.

10 ‘‘This chapter may be cited as the ‘Older American

11 Community Service Employment Act of 1995’.

12 ‘‘SEC. 352. OLDER AMERICAN COMMUNITY SERVICE EM13 PLOYMENT PROGRAM.

14 ‘‘(a) AUTHORITY FOR PROGRAM.—(1) With funds al15 lotted under section 302(b), the Assistant Secretary shall

16 make grants to eligible States and tribal organizations for

17 the purpose of providing to unemployed low-income older

18 individuals who have poor employment prospects, employ19 ment opportunities in providing community services.

20 ‘‘(2)(A) Not less than 85 percent of each grant made

21 under paragraph (1) shall be used to pay wages and bene22 fits for older individuals who are employed under agree23 ments made under subsection (b).

24 ‘‘(B) The amount of such grant remaining (if any)

25 after the application of section 302(c) and subparagraph
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1 (A) may be used to pay other employment-related costs

2 relating such individuals, including costs incurred—

3 ‘‘(i) to perform the assessment described in

4 subsection (c)(10),

5 ‘‘(ii) to provide the training described in sub6 section (c)(2),

7 ‘‘(iii) to provide counseling to such individuals,

8 ‘‘(iv) to provide supportive services to such indi9 viduals,

10 ‘‘(v) to pay transportation costs,

11 ‘‘(vi) to evaluate such individuals for continued

12 participation in such employment,

13 ‘‘(vii) to pay incidental costs of attire and tools

14 for such individuals, necessarily incurred to enable

15 such individuals to participate in a project carried

16 out under an agreement made under subsection (b),

17 and

18 ‘‘(viii) to provide physical examinations to such

19 individuals.

20 ‘‘(C) To the maximum extent practicable, an entity

21 that carries out a project under an agreement made under

22 subsection (b) shall provide for the payment of the costs

23 described in subparagraph (C) from non-Federal sources.

24 ‘‘(b) ELIGIBILITY FOR GRANTS.—To be eligible to re25 ceive a grant under subsection (a), a State or tribal orga-
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1 nization shall submit to the Assistant Secretary an appli2 cation in such form and containing such information as

3 the Assistant Secretary may require by rule, including an

4 assurance that such grant will be used by the State or

5 tribal organization to carry out projects (excluding

6 projects involving the construction, operation, or mainte7 nance of any facility used or to be used as a place for

8 sectarian religious instruction or worship) for the purpose

9 specified in subsection (a) through the following types of

10 agreements that satisfy the requirements of subsection (c):

11 ‘‘(1) Agreements may be made by the State or

12 tribal organization with—

13 ‘‘(A) public or nonprofit private agencies

14 or organizations,

15 ‘‘(B) political subdivisions of States having

16 elected or duly appointed governing officials (or

17 combinations of such political subdivisions),

18 ‘‘(C) tribal organizations,

19 ‘‘(D) area agencies on aging, and

20 ‘‘(E) State and local affiliates of national

21 organizations that received funds in fiscal year

22 1995 under section 502 of the Older Americans

23 Act of 1965,

24 to pay the cost of providing part-time employment to

25 older individuals described in subsection (a).
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1 ‘‘(2) At the election of the State or tribal orga2 nization, not more than 5 percent of the grant re3 ceived under subsection (a) may be used to enter

4 into agreements with businesses (giving special con5 sideration to businesses in growth industries) to pay

6 not more than 50 percent of the cost of providing

7 part-time or full-time employment to older individ8 uals described in subsection (a).

9 ‘‘(c) REQUIREMENTS.—Each agreement made under

10 subsection (b) shall be made on a competitive basis that

11 may include consideration of demonstrated ability of the

12 proponent of the project involved to provide employment

13 to older individuals described in subsection (a) and shall

14 provide that no payment shall be made by the State or

15 tribal organization toward the cost of such project unless

16 the State or tribal organization determines that such

17 project, and the entity that carries out such project, will

18 satisfy all of the of following:

19 ‘‘(1)(A) The entity that carries out such project

20 will use funds received under such agreement that

21 are attributable to a grant made under subsection

22 (a) to pay not more than 85 percent of the cost of

23 such project.

24 ‘‘(B) The non-Federal share of such cost will be

25 contributed in cash or in kind. In determining the
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1 amount of the non-Federal share, the Assistant Sec2 retary may attribute fair market value to services

3 and facilities contributed from non-Federal sources.

4 ‘‘(2) The project will provide employment only

5 for older individuals described in subsection (a), ex6 cept for necessary technical, administrative, and su7 pervisory personnel, but such personnel shall, to the

8 fullest extent possible, be recruited from among

9 older individuals described in subsection (a).

10 ‘‘(3)(A) If such agreement is made with a

11 State, the project will provide employment for such

12 individuals in the community in which such individ13 uals reside, or in nearby communities.

14 ‘‘(B) If such agreement is made with a tribal

15 organization, the project will provide employment for

16 such individuals who are Indians residing on an In17 dian reservation.

18 ‘‘(4) The project (except with respect to an

19 agreement described in subsection (b)(2)) will em20 ploy such individuals in services related to publicly

21 owned and operated facilities and projects, or related

22 to projects sponsored by organizations (other than

23 political parties) described in section 501(c)(3) of

24 the Internal Revenue Code of 1986 that are exempt

25 from taxation under subsection 501(a) of such Code.
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1 ‘‘(5) The project will contribute to the general

2 welfare of the community.

3 ‘‘(6) The project will—

4 ‘‘(A) result in an increase in employment

5 opportunities over those opportunities that

6 would otherwise be available,

7 ‘‘(B) not result in the displacement of cur8 rently employed workers (including partial dis9 placement, such as a reduction in the hours of

10 nonovertime work or wages or employment ben11 efits), and

12 ‘‘(C) not impair existing contracts or result

13 in the substitution of Federal funds for other

14 funds in connection with work that would other15 wise be performed.

16 ‘‘(7) The project will utilize methods of recruit17 ment and selection (including listing of job vacancies

18 with the employment agency operated by any State

19 or political subdivision thereof) that will ensure that

20 the maximum number of older individuals described

21 in subsection (a) will have an opportunity to partici22 pate in the project.

23 ‘‘(8) The project will include such training as

24 may be necessary to make the most effective use of

25 the skills and talents of such individuals who are
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1 participating and assist in their transition into em2 ployment for which no financial assistance is pro3 vided under this chapter, and may provide for the

4 payment of the reasonable expenses of such individ5 uals being trained.

6 ‘‘(9) The project will be established or adminis7 tered with the advice of individuals competent in the

8 field of service in which employment is being pro9 vided, and of individuals who are knowledgeable with

10 regard to the needs of older individuals.

11 ‘‘(10) The project may authorize payment for

12 reasonable transportation costs of older individuals

13 described in subsection (a) that may be incurred in

14 employment in the project.

15 ‘‘(11) The project will prepare an assessment

16 of—

17 ‘‘(A) the participating older individuals’

18 skills and talents,

19 ‘‘(B) their need for supportive services,

20 and

21 ‘‘(C) their ability to perform community

22 service employment,

23 except to the extent such project has, for the par24 ticular participant involved, an assessment of such

25 skills and talents, such need, or such capabilities
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1 prepared recently pursuant to another employment

2 or training program.

3 ‘‘(12) The entity that carries out such project

4 will post in the project workplace a notice, and will

5 make available to each individual associated with

6 such project a written explanation, clarifying the law

7 with respect to allowable and unallowable political

8 activities under chapter 15 of title 5, United States

9 Code, applicable to the project and to each category

10 of individuals associated with such project.

11 ‘‘(13) In providing employment opportunities

12 under the project, such entity will give priority to

13 low-income individuals who are 60 years of age or

14 older.

15 ‘‘(d) PREREQUISITE DETERMINATION.—(1) To effec16 tively carry out subsection (b) and after consultation with

17 the appropriate area agencies on aging and with other or18 ganizations that received funds under this chapter in the

19 preceding fiscal year, a State or tribal organization that

20 receives a grant under subsection (a) for a fiscal year shall

21 make a determination—

22 ‘‘(A) identifying the localities in the State, or

23 on an Indian reservation in the case of a tribal orga24 nization, in which projects described in subsection

25 (b) are most needed,
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1 ‘‘(B) in making such determination, consider

2 the local employment situations and the types of

3 skills possessed by available local older individuals

4 described in subsection (a), and

5 ‘‘(C) identify potential projects and the number

6 and percentage of such individuals in the local popu7 lation.

8 ‘‘(2) The State or tribal organization shall coordinate

9 the projects assisted under this chapter with—

10 ‘‘(A) other programs, projects, and activities

11 carried out under this Act,

12 ‘‘(B) federally supported job training programs,

13 and

14 ‘‘(C) other Federal and State employment pro15 grams,

16 to increase job opportunities available to older individuals.

17 ‘‘(3) To the maximum extent practicable, the State

18 shall ensure that entities that carry out projects under

19 agreements made under subsection (b) provide employ20 ment under this chapter to older individuals who imme21 diately before the effective date of this chapter were em22 ployees under an agreement made under 502(b) of the

23 Older Americans Act of 1965.

24 ‘‘(e) EQUITABLE USE OF FUNDS.—To the maximum

25 extent practicable, the State shall use funds available to
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1 carry out this chapter to make agreements under sub2 section (b) in an equitable manner, taking into consider3 ation the number of eligible older individuals in the var4 ious geographical areas and the relative distribution of

5 such individuals among urban and rural areas.

6 ‘‘(f) PRIOR SUBMISSION OF PROJECT DESCRIP7 TION.—Whenever a project entity (other than an area

8 agency on aging for the planning and service area in which

9 the project will be conducted) conducts a project under

10 an agreement made under subsection (b) within a plan11 ning and service area in a State, such organization or such

12 entity shall conduct such project in consultation with the

13 area agency on aging of the planning and service area and

14 shall submit to the area agency on aging, not less than

15 30 days before undertaking the project, a description (in16 cluding the location) of such project.

17 ‘‘(g) ALTERNATIVE WORK MODES; TECHNICAL AS18 SISTANCE.—States and tribal organizations may develop

19 alternatives for innovative work modes and provide tech20 nical assistance in creating job opportunities through work

21 sharing and other experimental methods to groups rep22 resenting business and industry and workers, as well as

23 to individual employers, where appropriate.

24 ‘‘(h) REPORT.—If for a fiscal year a State or tribal

25 organization elects under subsection (b) to make agree-
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1 ments described in paragraph (2) of such subsection, the

2 State or tribal organization shall submit to the Assistant

3 Secretary a report describing the projects carried out

4 under such agreements.

5 ‘‘(i) RULES.—The Secretary shall issue, and amend

6 from time to time, rules that require States and tribal or7 ganizations that receive grants under subsection (a) to es8 tablish, to the maximum extent practicable, for projects

9 carried out under this chapter the goal of annually placing

10 not less than 20 percent of project participants in employ11 ment positions for which no financial assistance is pro12 vided under this chapter.

13 ‘‘SEC. 353. PARTICIPANTS NOT FEDERAL EMPLOYEES.

14 ‘‘(a) PROJECT PARTICIPANTS.—Older individuals de15 scribed in section 352(a) who participate in a project as16 sisted under this chapter shall not be considered to be

17 Federal employees as a result of such participation and

18 shall not be subject to the provisions of part III of title

19 5 of the United States Code.

20 ‘‘(b) CONTRACTS.—No contract shall be entered into

21 under this chapter with a contractor who is, or whose em22 ployees are, under State law, exempted from operation of

23 the State workmen’s compensation law, generally applica24 ble to employees, unless the contractor shall undertake to

25 provide either through insurance by a recognized carrier,
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1 or by self-insurance, as authorized by State law, that the

2 individuals employed under the contract shall enjoy work3 men’s compensation coverage equal to that provided by

4 law for covered employment.

5 ‘‘Subtitle B—Grants for Native

6 American Programs on Aging

7 ‘‘SEC. 371. GRANTS FOR SERVICES TO NATIVE AMERICANS.

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

9 Secretary may make grants to eligible organizations to pay

10 all of the costs for delivery of supportive services and nu11 trition services for older individuals who are Native Ameri12 cans.

13 ‘‘(b) ELIGIBILITY OF ORGANIZATIONS.—An organi14 zation is eligible to receive a grant under this subtitle only

15 if the organization is—

16 ‘‘(1) a tribal organization that—

17 ‘‘(A) represents at least 50 older individ18 uals, and

19 ‘‘(B) demonstrates the ability to deliver

20 supportive services and nutritional services,

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

22 ‘‘(A) represents at least 50 older individ23 uals, and

24 ‘‘(B) demonstrates the ability to deliver

25 supportive services and nutritional services, or
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1 ‘‘(3) a public or nonprofit private organization

2 that—

3 ‘‘(A) will serve at least 50 older individuals

4 who are Native Hawaiians, and

5 ‘‘(B) demonstrates the ability to deliver

6 supportive services and nutrition services.

7 ‘‘SEC. 372. APPLICATIONS FOR GRANTS.

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

9 under this subtitle unless an eligible organization submits

10 an application to the Assistant Secretary that meets such

11 criteria as the Assistant Secretary may establish by rule.

12 Each such application shall—

13 ‘‘(1) provide that such organization shall evalu14 ate the need for supportive and nutrition services

15 among older individuals who are—

16 ‘‘(A) Indians represented by the such orga17 nization if such organization is a tribal organi18 zation,

19 ‘‘(B) Alaska Natives represented by such

20 organization if such organization is an Alaska

21 Native organization, or

22 ‘‘(C) Native Hawaiians to be served by

23 such organization,

24 ‘‘(2) provide for the use of such methods of ad25 ministration as are necessary for the proper and ef-
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1 ficient administration of the project to be carried out

2 with such grant,

3 ‘‘(3) provide an assurance that such organiza4 tion will make such reports in such form and con5 taining such information, as the Assistant Secretary

6 may reasonably require, and comply with such re7 quirements as the Assistant Secretary may impose

8 to ensure the correctness of such reports,

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

10 project to be carried out with such grant,

11 ‘‘(5) establish objectives toward which such

12 project will be directed, identify obstacles to the at13 tainment of such objectives, and indicate the manner

14 in which such organization proposes to overcome

15 such obstacles,

16 ‘‘(6) provide for establishing and maintaining

17 information and assistance services to ensure that

18 older individuals who are served by such project will

19 have reasonably convenient access to the services

20 and activities provided by such project,

21 ‘‘(7) provide that a preference for older individ22 uals who are Native Americans for full- or part-time

23 staff positions will be given whenever feasible,

24 ‘‘(8) provide an assurance that, either directly

25 or by way of grant or contract with appropriate enti-
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1 ties, nutrition services will be delivered to older indi2 viduals who are—

3 ‘‘(A) Indians represented by the such orga4 nization if such organization is a tribal organi5 zation,

6 ‘‘(B) Alaska Natives represented by such

7 organization if such organization is an Alaska

8 Native organization, or

9 ‘‘(C) Native Hawaiians to be served by

10 such organization,

11 and will substantially comply with chapter 2 of sub12 title A, except that in any case in which the need of

13 such individuals for nutritional services is already

14 met from other sources, such organization may ex15 pend for supportive services the funds otherwise re16 quired to be expended under this paragraph,

17 ‘‘(9) provide that any legal services or ombuds18 man services made available to older individuals who

19 are—

20 ‘‘(A) Indians represented by the such orga21 nization if such organization is a tribal organi22 zation,

23 ‘‘(B) Alaska Natives represented by such

24 organization if such organization is an Alaska

25 Native organization, or
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1 ‘‘(C) Native Hawaiians to be served by

2 such organization,

3 will be in substantial compliance with the provisions

4 of subtitle A relating to the furnishing of similar

5 services,

6 ‘‘(10) contain satisfactory assurances that fiscal

7 control and fund accounting procedures will be

8 adopted as may be necessary to ensure proper dis9 bursement of, and accounting for, Federal funds

10 paid under this subtitle to such organization, includ11 ing any funds paid by such organization to a recipi12 ent of a grant or contract,

13 ‘‘(11) contain assurances that such organization

14 will coordinate services provided under this subtitle

15 with services provided under subtitle A in the same

16 geographical area, and

17 ‘‘(12) if the organization elects to solicit vol18 untary contributions from older individuals, provide

19 that such organization will ensure that such con20 tributions will be—

21 ‘‘(A) based on the ability of the older indi22 viduals to make such contributions, and

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

24 to, services provided under this subtitle.
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1 ‘‘(b) POPULATION STATISTICS.—For the purpose of

2 any application submitted under this subsection (a), an

3 eligible organization may develop its own population sta4 tistics, with a certification from the Bureau of Indian Af5 fairs, in order to establish eligibility to receive a grant

6 under this subtitle.

7 ‘‘(c) APPROVAL OF APPLICATION.—The Assistant

8 Secretary shall approve any application that complies with

9 subsection (a).

10 ‘‘(d) APPLICATION NOT APPROVED.—Whenever the

11 Assistant Secretary determines not to approve an applica12 tion submitted under subsection (a) the Assistant Sec13 retary shall—

14 ‘‘(1) state objections in writing to the organiza15 tion within 60 days after such determination,

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

17 assistance to the organization to overcome such stat18 ed objections, and

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

20 under such rules as the Assistant Secretary may

21 issue.

22 ‘‘(e) PERIOD FUNDED.—Whenever the Assistant Sec23 retary approves an application of a organization under

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

25 less than 12 months.
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1 ‘‘SEC. 373. DISTRIBUTION OF FUNDS AMONG TRIBAL ORGA2 NIZATIONS AND ALASKA NATIVE ORGANIZA3 TIONS.

4 ‘‘(a) MAINTENANCE of 1991 AMOUNTS.—Subject to

5 the availability of appropriations to carry out this subtitle,

6 the amount of the grant (if any) made under this subtitle

7 to a tribal organization or an Alaska Native Organization

8 for fiscal year 1997 and for each subsequent fiscal year

9 shall be not less than the amount of the grant made under

10 part A of title VI of the Older Americans Act of 1965

11 to the tribal organization or an Alaska Native organization

12 for fiscal year 1991.

13 ‘‘(b) USE OF ADDITIONAL AMOUNTS APPRO14 PRIATED.—If the amount appropriated to carry out this

15 subtitle in a fiscal year subsequent to fiscal year 1996 ex16 ceeds the amount appropriated to carry out part A of title

17 VI of the Older Americans Act of 1965 in fiscal year 1991,

18 then the amount of the grant (if any) made under this

19 subtitle to a tribal organization or an Alaska Native orga20 nization for such subsequent fiscal year shall be—

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

22 Secretary considers to be appropriate, in addition to

23 the amount of any increase required by subsection

24 (a), so that the grant equals or more closely ap25 proaches the amount of the grant made under part

26 A of title VI of the Older Americans Act of 1965 to
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1 the tribal organization or an Alaska Native organi2 zation for fiscal year 1980, or

3 ‘‘(2) an amount the Assistant Secretary consid4 ers to be sufficient if the tribal organization or an

5 Alaska Native Organization did not receive a grant

6 under part A of title VI of the Older Americans Act

7 of 1965 for either fiscal year 1980 or fiscal year

8 1991.

9 ‘‘SEC. 374. SURPLUS EDUCATIONAL FACILITIES

10 ‘‘(a) REQUIREMENT.—Notwithstanding any other

11 provision of law, the Secretary of the Interior, acting

12 through the Bureau of Indian Affairs, shall make available

13 surplus Indian educational facilities and surplus Alaska

14 Native educational facilities to tribal organizations and

15 Alaska Native organizations, and to nonprofit organiza16 tions with the approval of the Indian tribe or Alaska Na17 tive organization involved, for use as multipurpose senior

18 centers. Such centers may be altered so as to provide ex19 tended care facilities, community center facilities, nutri20 tion services, adult day care services, child care services,

21 and other supportive services.

22 ‘‘(b) APPLICATION.—To request to receive surplus

23 educational facilities made available under subsection (a),

24 a tribal organization or Alaska Native organization shall

25 submit an application to the Secretary of the Interior at
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1 such time and such manner, and containing such informa2 tion, as the Secretary of the Interior determines to be nec3 essary to carry out this section.

4 ‘‘SEC. 375. ADMINISTRATION

5 ‘‘For the purpose of issuing rules to carry out this

6 subtitle, the Assistant Secretary shall consult with the

7 Secretary of the Interior.

8 ‘‘SEC. 376. PAYMENTS

9 ‘‘Payments may be made under this subtitle (after

10 necessary adjustments on account of previously made

11 overpayments or underpayments) in advance or by way of

12 reimbursement in such installments and on such condi13 tions as the Assistant Secretary may determine.

14 ‘‘Subtitle C—Authorization of

15 Appropriations

16 ‘‘SEC. 395. AUTHORIZATION OF APPROPRIATIONS.

17 ‘‘(a) AUTHORIZATION OF APPROPRIATIONS FOR SUB18 TITLE A.—

19 ‘‘(1) SUPPORTIVE SERVICES AND MULTIPUR20 POSE SENIOR CENTERS.—There are authorized to be

21 appropriated to carry out chapter 2 of subtitle A

22 $300,638,000 for fiscal year 1997 and such sums as

23 may be necessary for fiscal years 1998, 1999, 2000,

24 and 2001.
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1 ‘‘(2) NUTRITION SERVICES.—There are author2 ized to be appropriated to carry out chapter 3 of

3 subtitle A $446,381,000 for fiscal year 1997 and

4 such sums as may be necessary for fiscal years

5 1998, 1999, 2000, and 2001.

6 ‘‘(3) COMMUNITY SERVICE EMPLOYMENT.—

7 There are authorized to be appropriated to carry out

8 chapter 4 of subtitle A $350,000,000 for fiscal year

9 1997 and such sums as may be necessary for fiscal

10 years 1998, 1999, 2000, and 2001.

11 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS FOR SUB12 TITLE B.—There are authorized to be appropriated to

13 carry out subtitle $16,057,000 for fiscal year 1997 and

14 such sums as may be necessary for fiscal years 1998,

15 1999, 2000, and 2001.

16 ‘‘SEC. 396. ADDITIONAL FUNDS AVAILABLE FOR NUTRITION

17 SERVICES.

18 ‘‘(a) FUNDS AVAILABLE.—In addition to the amount

19 appropriated under section 395(a)(2), and to provide nu20 trition services under subtitles A and B for each of the

21 fiscal years 1997, 1998, 1999, 2000, and 2001, an

22 amount equal to 33 percent of the amount appropriated

23 under section 395(a)(2) for such fiscal year shall be made

24 available to the Assistant Secretary by the Secretary of

25 Agriculture from—
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1 ‘‘(1) funds appropriated to the Secretary of Ag2 riculture for such fiscal year to carry out this sec3 tion, and

4 ‘‘(2) to the extent such funds are insufficient,

5 from funds available under section 32 of the Act of

6 August 24, 1935 (7 U.S.C. 612c; Public Law 74–

7 320).

8 ‘‘(b) DIVISION OF FUNDS.—The Assistant Secretary

9 shall divide the funds made available under subsection (a)

10 so that—

11 ‘‘(1) 98.9 percent of such funds is allotted in

12 accordance with section 302(a) to provide nutrition

13 services under subtitle A, and

14 ‘‘(2) the balance is available to make grants

15 under subtitle B to provide nutrition services.

16 ‘‘(c) ELECTION TO RECEIVE COMMODITIES IN LIEU

17 OF CASH.—

18 ‘‘(1) ELECTION.—A State to which funds are

19 allotted under subsection (b)(1), or a recipient of a

20 grant referred to in subsection (b)(2), may elect to

21 receive commodities in lieu of all or part of such

22 funds or of such grant.

23 ‘‘(2) PURCHASE OF COMMODITIES FROM THE

24 SECRETARY OF AGRICULTURE.—If a State or grant

25 recipient makes a timely election under paragraph
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1 (1), the Assistant Secretary shall use the amount of

2 such funds designated by the State, or of such grant

3 designated by the grant recipient, to purchase com4 modities from the Secretary of Agriculture and to

5 make such commodities available to the State or

6 grant recipient.

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

13 and Senior Volunteer Program, the Foster Grand14 parent Program, and the Senior Companion Pro15 gram, that empowers older individuals to contribute

16 to their communities through volunteer service, en17 hances the lives of the volunteers and those whom

18 they serve, and provides communities with valuable

19 services,

20 ‘‘(2) subtitle A, the Retired and Senior Volun21 teer Program, to utilize the vast talents of older in22 dividuals willing to share their experiences, abilities,

23 and skills in responding to a wide variety of commu24 nity needs,
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1 ‘‘(3) subtitle B, the Foster Grandparent Pro2 gram, to afford low-income older individuals an op3 portunity to provide supportive, individualized serv4 ices to children with exceptional or special needs,

5 and

6 ‘‘(4) subtitle C, the Senior Companion Pro7 gram, to afford low-income older individuals the op8 portunity to provide personal assistance and com9 panionship to other older individuals through volun10 teer service.

11 ‘‘Subtitle A—Retired and Senior

12 Volunteer Program

13 ‘‘SEC. 411. GRANTS AND CONTRACTS FOR VOLUNTEER

14 SERVICE PROJECTS.

15 ‘‘(a) AUTHORITY TO MAKE GRANTS AND CON16 TRACTS.—To carry out a Retired and Senior Volunteer

17 Program under this subtitle to help retired individuals and

18 working older individuals to avail themselves of opportuni19 ties for volunteer service in their community, the Assistant

20 Secretary may make grants to State agencies, or grants

21 to or contracts with other public and nonprofit private

22 agencies and organizations, to pay part or all of the costs

23 for the development, operation, or both, of volunteer serv24 ice projects under this subtitle, if the Assistant Secretary
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1 determines, in accordance with rules the Assistant Sec2 retary shall prescribe, the following:

3 ‘‘(1) LIMITATION ON REIMBURSEMENT.—Vol4 unteers will not be reimbursed for other than trans5 portation, meals, and other out-of-pocket expenses

6 incident to providing services under this subtitle.

7 ‘‘(2) ELIGIBLE INDIVIDUALS.—Only older indi8 viduals will be enrolled, and individuals 60 years of

9 age or older will be given priority for enrollment, as

10 volunteers to provide services under this subtitle (ex11 cept for administrative purposes) in the communities

12 where such individuals reside or in nearby commu13 nities in either—

14 ‘‘(A) publicly owned and operated facilities

15 or projects, or

16 ‘‘(B) local projects sponsored by nonprofit

17 private agencies and organizations (other than

18 political parties), other than projects involving

19 the construction, operation, or maintenance of

20 so much of any facility as is used, or is to be

21 used for sectarian instruction or as a place for

22 religious worship,

23 ‘‘(3) TRAINING.—Such projects include such

24 short-term training as may be necessary to make the

25 most effective use of the skills and talents of partici-
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1 pating volunteers and individuals, and provide for

2 the payment of the reasonable expenses of such vol3 unteers while undergoing such training, and

4 ‘‘(4) ADVICE REQUIRED.—Such projects are

5 being established and will be carried out with the ad6 vice of persons competent in the fields of service in7 volved, and persons with interest in and knowledge

8 of the needs of older individuals.

9 ‘‘(b) LOCAL CONTRIBUTION.—The required local

10 contribution (including any in-kind contribution) to the

11 cost of a project for which a grant or contract is made

12 under this section shall be—

13 ‘‘(1) 10 percent in the 1st year for which such

14 grant or contract is made for such project,

15 ‘‘(2) 20 percent in the 2nd year for which such

16 grant or contract is made for such project, and

17 ‘‘(3) 30 percent in any subsequent year for

18 which such grant or contract is made for such

19 project,

20 except that the Assistant Secretary may waive all or part

21 of such local contribution in cases of demonstrated need,

22 determined (in accordance with rules which the Assistant

23 Secretary shall issue) on the basis of the financial capabil24 ity of a particular recipient of such grant or contract, to

25 permit a lesser local contribution than any required per-
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1 centage contribution established by the Assistant Sec2 retary in generally applicable rules.

3 ‘‘(c) STATE REVIEW OF APPLICATION.—The Assist4 ant Secretary shall not make a grant to or contract with

5 any agency or organization under this subtitle for a

6 project in any State unless, if such State has a State agen7 cy designated under section 303(a)(1), such State agency

8 is the recipient of the grant or contract, or such State

9 agency has been afforded at least 45 days in which to re10 view the project application and make recommendations

11 thereon.

12 ‘‘(d) SERVICE NOT DEEMED EMPLOYMENT.—Not13 withstanding any other provision of law, volunteer service

14 under this subtitle shall not be deemed to be employment

15 for any purpose which the Assistant Secretary finds is not

16 fully consistent with the provisions, and in furtherance,

17 of the purpose of this subtitle.

18 ‘‘Subtitle B—Foster Grandparent

19 Program

20 ‘‘SEC. 421. GRANTS AND CONTRACTS FOR VOLUNTEER

21 SERVICE PROJECTS.

22 ‘‘(a) AUTHORITY TO MAKE GRANTS AND CON23 TRACTS.—(1)(A) To carry out a Foster Grandparent Pro24 gram under this subtitle, the Assistant Secretary may

25 make grants to or contracts with public and nonprofit pri-
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1 vate agencies and organizations to pay part or all of the

2 cost of development and operation of projects (including

3 direct payments to individuals serving under this subtitle)

4 designed to provide opportunities for low-income older in5 dividuals to serve as foster grandparents under this sub6 title to provide supportive person-to-person services in

7 health, education, welfare, and related settings to children

8 having exceptional needs. Such services may include serv9 ices by older individuals serving as foster grandparents

10 under this subtitle to children who are individuals with

11 disabilities, who have chronic health conditions, who are

12 receiving care in hospitals, who are residing in homes for

13 dependent and neglected children, or who are receiving

14 services provided by day-care centers, schools, early inter15 vention programs under part H of the Individuals with

16 Disabilities Education Act (20 U.S.C. 1471 et seq.), Head

17 Start agencies under the Head Start Act (20 U.S.C. 9831

18 et seq.), or any of a variety of other programs, establish19 ments, and institutions providing services for children with

20 special or exceptional needs. Older individuals serving as

21 foster grandparents under this subtitle may provide per22 son-to-person services to one or more children, depending

23 on the needs of the project and local site.

24 ‘‘(B) Only older individuals will be enrolled, and indi25 viduals 60 years of age or older will be given priority for
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1 enrollment as volunteers to provide services under this

2 subtitle.

3 ‘‘(2)(A) The Assistant Secretary may provide assist4 ance in excess of 90 percent of the cost of the development

5 and operation of such projects only if the Assistant Sec6 retary determines, in accordance with rules the Assistant

7 Secretary shall issue establishing objective criteria, that

8 such action is required in furtherance of the purpose of

9 this subtitle.

10 ‘‘(B) In the case of any project with respect to which,

11 before September 19, 1972, a grant or contract has been

12 made under section 611(a) of the Older Americans Act

13 of 1965, as in effect before that date or with respect to

14 any project under the Foster Grandparent program in ef15 fect before September 17, 1969, contributions in cash or

16 in kind from the Bureau of Indian Affairs of the Depart17 ment of the Interior toward the cost of the project may

18 be counted as part of the cost thereof which is met from

19 non-Federal sources.

20 ‘‘(b) SELECTION OF RECIPIENT CHILDREN.—(1)

21 Any public or nonprofit private agency or organization re22 sponsible for providing person-to-person services to a child

23 in a project carried out under subsection (a) shall have

24 the exclusive authority to determine, pursuant to para25 graph (2)—
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1 ‘‘(A) which children may receive supportive per2 son-to-person services under such project, and

3 ‘‘(B) the period of time during which such serv4 ices shall be continued in the case of each individual

5 child.

6 ‘‘(2) If such agency or organization determines that

7 it is in the best interests of a mentally retarded child re8 ceiving, and of a particular foster grandparent providing,

9 services in such a project, such relationship may be contin10 ued after the child reaches the chronological age of 21 if

11 such child was receiving such services before attaining the

12 chronological age of 21. If the particular foster grand13 parent subject to the determination under this paragraph

14 becomes unavailable to serve after such determination is

15 made, such agency or organization may select another fos16 ter grandparent.

17 ‘‘(3) Any determination made by a public or nonprofit

18 private agency or organization under paragraphs (1) and

19 (2) shall be made through mutual agreement by all parties

20 involved with respect to the provision of services to the

21 child involved.

22 ‘‘(c) ALLOWANCES, STIPENDS, AND OTHER SUP23 PORT.—(1) The Assistant Secretary, in accordance with

24 rules the Assistant Secretary shall issue, may provide to

25 low-income older individuals serving as foster grand-
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1 parents under this subtitle, such allowances, stipends, and

2 other support as the Assistant Secretary determines are

3 necessary to carry out the purpose of this subtitle.

4 ‘‘(2) Any stipend or allowance provided under this

5 section shall be not less than $2.45 per hour and shall

6 be adjusted once before December 31, 1997, to account

7 for inflation, as determined by the Assistant Secretary and

8 rounded to the nearest 5 cents, except that—

9 ‘‘(A) such stipend or allowance shall not be in10 creased as a result of an amendment made to this

11 paragraph unless the funds appropriated for carry12 ing out this subtitle are sufficient to maintain for

13 the fiscal year in question a number of participants

14 to serve under this subtitle at least equal to the

15 number of such participants serving during the pre16 ceding fiscal year, and

17 ‘‘(B) if sufficient appropriations for any fiscal

18 year are not available to increase any such stipend

19 or allowance provided to the minimum hourly rate

20 specified in this paragraph, the Assistant Secretary

21 shall increase the stipend or allowance to such

22 amount as appropriations for such year permit con23 sistent with subparagraph (A).

24 ‘‘(3) In establishing the amount of, and the effective

25 date for, an adjustment under paragraph (2), the Assist-
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1 ant Secretary, in consultation with appropriate Federal

2 agencies, shall consider the effect such adjustment will

3 have on the ability of nonfederally funded volunteer pro4 grams similar to the programs under this title to maintain

5 their current level of volunteer hours.

6 ‘‘(d) SPECIAL CONSIDERATION.—Older individuals

7 whose income is described in section 102(3)(B)(ii) shall

8 be given special consideration for participation in projects

9 under this subtitle.

10 ‘‘(e) VOLUNTEERS WHO ARE NOT LOW-INCOME

11 OLDER INDIVIDUALS.—(1)(A) Except as provided in sub12 paragraphs (B) and (C), individuals who are not low-in13 come older individuals may serve as volunteers under this

14 subtitle, in accordance with such rules as the Assistant

15 Secretary shall issue, if such individuals serve without re16 ceiving any allowance, stipend, or other financial support

17 under this subtitle except reimbursement for transpor18 tation, meals, and out-of-pocket expenses incident to serv19 ing under this subtitle.

20 ‘‘(B) The rules issued by the Assistant Secretary to

21 carry out this subtitle (other than any rules relating to

22 allowances, stipends, and other financial support author23 ized by subsection (c) to be paid under this subtitle to

24 low-income older individuals) shall apply to all individuals

25 who provide services under this subtitle, without regard
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1 to whether such individuals are eligible to receive a stipend

2 under such subsection.

3 ‘‘(C) Individuals who are not low-income older indi4 viduals may not serve as volunteers under this subtitle in

5 any community in which there are volunteers serving

6 under subtitle A unless—

7 ‘‘(i) such individuals were referred previously

8 for possible placement as volunteers under subtitle

9 A, and

10 ‘‘(ii) such placement did not occur.

11 ‘‘(2)(A) Except as provided in subparagraph (B),

12 each recipient of a grant or contract to carry out a project

13 under this subtitle shall give equal treatment to all individ14 uals who provide services under such project, without re15 gard to whether such individuals are eligible to receive a

16 stipend under subsection (c).

17 ‘‘(B) An individual who is not a low-income older in18 dividual may not provide services under this subtitle if al19 lowing such individual to provide services under this sub20 title would prevent a low-income older individual from be21 ginning to participate in providing services under this sub22 title or would displace a low-income older individual from

23 providing services under this subtitle.

24 ‘‘(3) The Assistant Secretary may not require as a

25 condition of receiving a grant or contract to carry out a
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1 project under this subtitle, any applicant for such grant

2 or contract—

3 ‘‘(A) to accept or to recruit individuals who are

4 not low-income older individuals to provide services

5 under this subtitle, or

6 ‘‘(B) to solicit locally generated contributions,

7 in cash or in kind, to support such individuals.

8 The Assistant Secretary may not coerce any applicant for

9 or recipient of such grant or contract to engage in conduct

10 described in subparagraph (A) or (B), and may not take

11 into consideration whether such applicant or such recipi12 ent engages in such conduct.

13 ‘‘(4) Funds appropriated to carry out this subtitle

14 may not be used to pay any cost, including any adminis15 trative cost, incurred in connection with volunteers under

16 this subtitle who do not receive a stipend under subsection

17 (d). Such cost incurred with respect to a volunteer may

18 be paid with—

19 ‘‘(A) funds received by the Assistant Secretary

20 as unrestricted gifts,

21 ‘‘(B) funds received by the Assistant Secretary

22 as gifts to pay such cost,

23 ‘‘(C) funds contributed by such volunteer, or

24 ‘‘(D) in the discretion of the recipient of a

25 grant or contract under such subsection, locally gen-
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1 erated contributions in excess of the amount re2 quired by subsection (a) to be contributed to pay the

3 non-Federal cost of the project in which such volun4 teer participates.

5 ‘‘Subtitle C—Senior Companion

6 Volunteer Program

7 ‘‘SEC. 431. GRANTS AND CONTRACTS FOR VOLUNTEER

8 SERVICE PROJECTS.

9 ‘‘(a) AUTHORITY TO MAKE GRANTS AND CON10 TRACTS.—(1) To carry out a Senior Companion Volunteer

11 Program under this subtitle, the Assistant Secretary may

12 make grants to or contracts with public and nonprofit pri13 vate agencies and organizations to pay part or all of the

14 cost of development and operation of projects (including

15 direct payments to individuals serving under this subtitle

16 in the same manner as provided in section 421(a)) de17 signed to provide opportunities for low-income older indi18 viduals to provide services under this subtitle as senior

19 companion volunteers to individuals with exceptional

20 needs.

21 ‘‘(2) Only older individuals will be enrolled, and indi22 viduals 60 years of age or older will be given priority for

23 enrollment, as volunteers to provide services under this

24 subtitle.
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1 ‘‘(3) Senior companion volunteers may provide serv2 ices designed to help individuals 60 years of age or older

3 who require—

4 ‘‘(A) long-term care, including services to such

5 individuals who receive home health care, nursing

6 care, and home-delivered nutrition services or other

7 nutritional services,

8 ‘‘(B) services designed to help individuals dein9 stitutionalized from mental hospitals, nursing homes,

10 and other institutions, and

11 ‘‘(C) services designed to assist individuals who

12 have developmental disabilities and other special

13 needs for companionship.

14 ‘‘(b) OTHER PROVISIONS APPLICABLE.—Subsections

15 (a)(2)(A), (c), (d), and (e) of section 421, and such other

16 provisions of subtitle B as the Assistant Secretary may

17 determine to be necessary, shall apply to this subtitle, ex18 cept that for purposes of this subtitle any reference to sub19 title B in such subsections and such provisions shall be

20 deemed to be a reference to this subtitle.

21 ‘‘(c) HOME-BOUND INDIVIDUALS.—The Assistant

22 Secretary may make grants or contracts under subsection

23 (a) for senior companion volunteer projects to assist home24 bound individuals 60 years of age or older to remain in
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1 their own homes and to enable institutionalized individuals

2 60 years of age or older to return to home-care settings.

3 ‘‘Subtitle D—General Provisions

4 ‘‘SEC. 441. PROMOTION OF NATIONAL SENIOR VOLUNTEER

5 SERVICE CORPS.

6 ‘‘(a) CONSULTATION.—(1) In carrying out this title,

7 the Assistant Secretary shall consult with Federal agen8 cies administering related programs with a view to achiev9 ing optimal coordination with such other programs, and

10 shall promote the coordination of projects under this title

11 with other public or private programs or projects carried

12 out at State and local levels. Such Federal agencies shall

13 cooperate with the Assistant Secretary in disseminating

14 information about the availability of assistance under this

15 title and in promoting the identification and interest of

16 low-income older individuals and other older individuals

17 whose services may be utilized in projects under this title.

18 ‘‘(2) To the maximum extent practicable, the Assist19 ant Secretary shall enter into agreements—

20 ‘‘(A)(i) to involve retired and senior volunteers

21 and foster grandparents in Head Start programs,

22 ‘‘(ii) to involve retired and senior volunteers

23 and senior companion volunteers in providing serv24 ices authorized by title III of this Act, and
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1 ‘‘(iii) to promote the recognition of such volun2 teers who are qualified to provide in-home services

3 for reimbursement under title XVIII of the Social

4 Security Act for providing such services,

5 ‘‘(B) with the Department of Education to pro6 mote intergenerational tutoring and mentoring for

7 at-risk children, and

8 ‘‘(C) with the Environmental Protection Agency

9 to support conservation efforts.

10 ‘‘(b) EFFORTS TO EXPAND PARTICIPATION.—(1) In

11 carrying out this title, the Assistant Secretary shall en12 courage and facilitate the efforts of private organizations

13 to promote the programs established in subtitles A, B, and

14 C and the involvement of older individuals as volunteers

15 in such programs.

16 ‘‘(2) The Assistant Secretary shall take appropriate

17 actions to ensure that special efforts are made to publicize

18 the programs established in subtitles A, B, and C, in order

19 to facilitate recruitment efforts, to encourage greater par20 ticipation of volunteers, and to emphasize the value of vol21 unteering to the health and well-being of volunteers and

22 the communities of such volunteers. Such actions shall in23 clude informing recipients of grants and contracts under

24 this title of all informational materials available from the

25 Assistant Secretary.
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1 ‘‘(3) From funds appropriated under section 491, the

2 Assistant Secretary shall expend not less than $375,000

3 in each fiscal year to carry out paragraph (2).

4 ‘‘SEC. 442. PAYMENTS.

5 ‘‘Payments under this title pursuant to a grant or

6 contract may be made (after necessary adjustment, in the

7 case of grants, on account of previously made overpay8 ments or underpayments) in advance or by way of reim9 bursement, in such installments and on such conditions,

10 as the Assistant 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

15 volunteer projects for older individuals under this title are

16 in excess of the amount required by the Assistant Sec17 retary, the Assistant Secretary may not restrict the man18 ner in which contributions are expended if expenditures

19 from locally generated contributions are not inconsistent

20 with the 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

25 under this title to applicants, the Assistant Secretary shall
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1 consider the impact of changes in the Consumer Price

2 Index For All Urban Consumers published by the Bureau

3 of Labor Statistics of the Department of Labor on the

4 administrative costs of operating the projects for which

5 such assistance will 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 ef9 fective administration of such projects.

10 ‘‘(2) The Assistant Secretary shall take reasonable

11 actions to inform applicants for such assistance that such

12 adjustments may be available.

13 ‘‘(b) REPORTS.—The Assistant Secretary shall sub14 mit, at 2-year intervals, to the Committee on Economic

15 and Educational Opportunities of the House of Represent16 atives and the Committee on Labor and Human Resources

17 of the Senate, a report on the extent to which adjustments

18 are 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.

24 Each applicant who receives a grant, or enters into a con25 tract, under such subtitle for a period exceeding 1 year
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1 shall comply with such rules as the Assistant Secretary

2 may issue to require such applicant—

3 ‘‘(A) to demonstrate that such applicant is in

4 compliance with such subtitle and with the terms

5 and 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

12 such subtitle in the first fiscal year in such period, then

13 the amounts payable under all such grants and contracts

14 in effect in such period under such part shall be reduced

15 pro rata.

16 ‘‘(b) SAVINGS.—The Assistant Secretary shall re17 quire each applicant for a multiyear grant or contract

18 under this section, to document or describe in the applica19 tion any meaningful administrative savings that will result

20 from such multiyear grant or contract.

21 ‘‘(c) ALTERNATIVE CONSIDERATION.—If an appli22 cant does not receive a multiyear grant or contract under

23 this section, the Assistant Secretary shall consider such

24 applicant for a single-year grant or contract.
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1 ‘‘(d) SIMILAR TREATMENT.—If the Assistant Sec2 retary approves an application for a contract or grant to

3 carry out a project for a multiyear period as referred to

4 in subsection (a), the Assistant Secretary shall ensure that

5 such project shall be treated in the same manner as a sin6 gle-year contract or grant with respect to—

7 ‘‘(1) the overall level of funding for such

8 project,

9 ‘‘(2) any adjustments to Federal financial as10 sistance that may be available under section 444,

11 and

12 ‘‘(3) the renewal of funding on the expiration of

13 the term of such contract or grant.

14 ‘‘Subtitle E—Administration and

15 Coordination

16 ‘‘SEC. 461. ADMINISTRATIVE STRUCTURE.

17 ‘‘To administer this title, the Assistant Secretary

18 shall establish in the Administration an organizational

19 structure that, to the maximum extent practicable, retains

20 the organizational structure that existed to carry out title

21 II of the Domestic Volunteer Service Act of 1973 as in

22 effect immediately before the effective date of this Act.

23 Such structure shall include State offices, and multistate

24 regional offices, that have responsibilities under this title
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1 that are similar to the responsibilities of such offices had

2 under such Act.

3 ‘‘SEC. 462. POLITICAL ACTIVITIES.

4 ‘‘(a) PROHIBITION.—No part of any funds appro5 priated to carry out this title shall be used—

6 ‘‘(1) to finance, directly or indirectly—

7 ‘‘(A) any activity designed to influence the

8 outcome of any election to Federal office or the

9 outcome of any election to any State or local

10 public office, or

11 ‘‘(B) any voter registration activity, or

12 ‘‘(2) to pay the salary of any officer or em13 ployee of the Administration, who engages in any

14 such activity in an official capacity as such an offi15 cer or employee.

16 ‘‘(b) LIMITATION ON USE OF PERSONNEL.—Pro17 grams assisted under this title shall not be carried on in

18 a manner involving the use of funds, the provision of serv19 ices, or the employment or assignment of personnel in a

20 manner supporting or resulting in the identification of

21 such programs with—

22 ‘‘(1) any partisan or nonpartisan political activ23 ity associated with a candidate, or a contending fac24 tion or group, in an election for public or party of25 fice,
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1 ‘‘(2) any activity to provide voters or prospec2 tive voters with transportation to the polls or similar

3 assistance in connection with any such election, or

4 ‘‘(3) any voter registration activity.

5 ‘‘(c) PROHIBITION OF CERTAIN ACTIVITIES RELAT6 ING TO LEGISLATION.—No funds appropriated to carry

7 out this title shall be used by any program assisted under

8 this title in any activity for the purpose of influencing the

9 passage or defeat of legislation or proposals by initiative

10 petition, except—

11 ‘‘(1) in any case in which a legislative body, a

12 committee of a legislative body, or a member of a

13 legislative body requests any volunteer in, or em14 ployee of, such a program to draft, review, or testify

15 regarding measures or to make representations to

16 such legislative body, committee, or member, or

17 ‘‘(2) in connection with an authorization or ap18 propriations measure directly affecting the operation

19 of the program.

20 ‘‘(d) ENFORCEMENT.—The Assistant Secretary, after

21 consultation with the Office of Personnel Management,

22 shall issue rules to provide for the enforcement of this sec23 tion, which shall include provisions for summary suspen24 sion of assistance for not more than 30 days until notice

25 and an opportunity to be heard can be provided or other
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1 action necessary to permit enforcement on an emergency

2 basis can be taken.

3 ‘‘SEC. 463. SPECIAL LIMITATIONS.

4 ‘‘(a) ISSUANCE OF RULES.—The Assistant Secretary

5 shall issue rules and shall carry out this title so as to en6 sure that the service of volunteers assigned, referred, or

7 serving pursuant to grants, contracts, or agreements made

8 under this title is limited to activities that would not other9 wise be performed by employed workers and that will not

10 supplant the hiring of or result in the displacement of em11 ployed workers, or impair existing contracts for service.

12 ‘‘(b) COST REQUIREMENT.—All support, including

13 transportation provided to volunteers under this title, shall

14 be furnished at the lowest possible cost consistent with the

15 effective operation of volunteer programs assisted under

16 this title.

17 ‘‘(c) PROHIBITION RELATING TO COMPENSATION.—

18 No agency or organization to which volunteers are as19 signed under this title, or which operates or supervises any

20 volunteer program under this title, shall request or receive

21 any compensation from such volunteers or from bene22 ficiaries for services of such volunteers provided or super23 vised by such agency or organization.

24 ‘‘(d) PROHIBITION RELATING TO LABOR ACTIV25 ITY.—No funds authorized to be appropriated to carry out
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1 this title shall be directly or indirectly used to finance

2 labor or anti-labor organization or related activity.

3 ‘‘(e) INFORMATION ON VOLUNTEER QUALIFICA4 TIONS.—Individuals serving as volunteers under this title

5 shall provide such information concerning their qualifica6 tions, including their integrity and their ability to perform

7 their assigned tasks, as the Assistant Secretary shall re8 quire and shall be subject to such procedures for selection

9 and approval as the Assistant Secretary determines are

10 necessary to carry out the purposes of this title. The As11 sistant Secretary may establish such special procedures

12 for the recruitment, selection, training, and assignment of

13 low-income residents of the area to be served by a program

14 under this title who wish to become volunteers as the As15 sistant Secretary determines will carry out the purposes

16 of this title.

17 ‘‘SEC. 464. COORDINATION WITH OTHER PROGRAMS.

18 ‘‘The Assistant Secretary shall take necessary steps

19 to coordinate volunteer programs authorized under this

20 title with one another and shall consult with representa21 tives of the head of such programs, with community action

22 programs, and with other related Federal, State, and local

23 programs. The Assistant Secretary shall also consult with

24 the heads of other Federal, State, and local agencies re25 sponsible for programs related to the purposes of this title
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1 in order to encourage greater use of volunteer services in

2 such programs and establish in connection with such pro3 grams systematic procedures for the recruitment, referral,

4 or necessary preservice orientation or training of volun5 teers serving pursuant to this title. The Assistant Sec6 retary (in consultation with the Assistant Secretary of the

7 Office of Personnel Management, the Secretary of Labor,

8 the Secretary of Commerce, the Secretary of the Treasury,

9 and officials of other appropriate departments and agen10 cies) shall take all appropriate steps to encourage State

11 and local governments, charitable and service organiza12 tions, and private employers—

13 ‘‘(1) to take into account experience in volun14 teer work in the consideration of applicants for em15 ployment, and

16 ‘‘(2) to make provision for the listing and de17 scription of volunteer work on all employment appli18 cation forms.

19 ‘‘SEC. 465. NOTICE AND HEARING PROCEDURES FOR SUS20 PENSION AND TERMINATION OF FINANCIAL

21 ASSISTANCE.

22 ‘‘(a) AUTHORITY.—The Assistant Secretary may, in

23 accordance with this section, suspend or terminate pay24 ments under any grant or contract providing assistance

25 under this title, whenever the Assistant Secretary deter-
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1 mines there is a material failure to comply with the appli2 cable terms and conditions of any such grant or contract.

3 The Assistant Secretary shall establish procedures to en4 sure that—

5 ‘‘(1) assistance under this title shall not be sus6 pended for failure to comply with applicable terms

7 and conditions, except in emergency situations for

8 30 days,

9 ‘‘(2) an application for refunding under this

10 title may not be denied unless the recipient has been

11 given—

12 ‘‘(A) notice at least 75 days before the de13 nial of such application of the possibility of

14 such denial and the grounds for any such de15 nial, and

16 ‘‘ (B) opportunity to show cause why such

17 action should not be taken,

18 ‘‘(3) in any case where an application for re19 funding is denied for failure to comply with the

20 terms and conditions of the grant or contract, the

21 recipient shall be afforded an opportunity for an in22 formal hearing before an impartial hearing officer

23 who has been agreed to by the recipient and the As24 sistant Secretary, and
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1 ‘‘(4) assistance under this title shall not be ter2 minated for failure to comply with applicable terms

3 and conditions unless the recipient has been afforded

4 reasonable notice and opportunity for a full and fair

5 hearing.

6 ‘‘(b) LOCATION OF HEARING.—In order to assure

7 equal access to all recipients, such hearings or other meet8 ings as may be necessary to fulfill the requirements of this

9 section shall be held at locations convenient to the recipi10 ent agency.

11 ‘‘SEC. 466. DISTRIBUTION OF BENEFITS BETWEEN RURAL

12 AND URBAN AREAS.

13 ‘‘The Assistant Secretary shall establish appropriate

14 administrative measures to ensure that the benefits of and

15 services under this title will be distributed equitably be16 tween residents of rural areas and residents of urban

17 areas.

18 ‘‘SEC. 467. VOLUNTEERS NOT FEDERAL EMPLOYEES.

19 ‘‘Volunteers under this title shall not be considered

20 to be Federal employees and shall not be subject to the

21 provisions of law relating to officers and employees of the

22 Federal Government and to Federal employment.

23 ‘‘SEC. 468. EVALUATION.

24 ‘‘(a) EVALUATION.—The Assistant Secretary may

25 measure and evaluate the impact of all programs, projects,
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1 and activities authorized by this title, their effectiveness

2 in achieving stated goals in general, and in relation to

3 their cost, their impact on related programs, projects, and

4 activities, and their structure and mechanisms for delivery

5 of services. Evaluations shall be conducted by persons not

6 immediately involved in the administration of the program

7 or project evaluated.

8 ‘‘(c) SPECIFIC MATTERS FOR EVALUATION.—The

9 Assistant Secretary may—

10 ‘‘(1) evaluate the impact that volunteers who

11 participate without receiving a stipend in programs,

12 projects, and activities under subtitles B and C,

13 have on such programs, projects, and activities, and

14 shall include in such evaluation—

15 ‘‘(A) information on administrative costs

16 associated with such volunteers,

17 ‘‘(B) a comparison of the quality of serv18 ices provided by such volunteers and the quality

19 of services provided by volunteers who receive a

20 stipend under such subtitles, including the rate

21 of absenteeism and turnover, and

22 ‘‘(C) a review of the effect that participa23 tion by volunteers who do not receive such sti24 pend have on the administration of such pro25 grams, projects, and activities, and
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1 ‘‘(2) submit to the Committee on Economic and

2 Educational Opportunities of the House of Rep3 resentatives and the Committee on Labor and

4 Human Resources of the Senate a report summariz5 ing in detail the results of the evaluations made

6 under paragraph (1).

7 ‘‘(d) PUBLICATION OF SUMMARIES.—The Assistant

8 Secretary shall publish summaries of the results of evalua9 tions of program, project, and activity impact and effec10 tiveness.

11 ‘‘(e) AVAILABILITY OF FUNDS.—The Assistant Sec12 retary may to use such sums as are required, but not to

13 exceed 1 percent of the funds appropriated to carry out

14 this title, to conduct program, project, and activity evalua15 tions (directly, or by grant or contract) as authorized by

16 this title.

17 ‘‘SEC. 469. ELIGIBILITY FOR OTHER BENEFITS.

18 ‘‘Notwithstanding any other provision of law, no re19 imbursement of out-of-pocket expenses made to individ20 uals serving pursuant to subtitles A, B, and C shall be

21 subject to any tax or charge or be treated as wages or

22 compensation for the purposes of unemployment, tem23 porary disability, retirement, public assistance, workers’

24 compensation or similar benefit payments, or minimum

25 wage laws.
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1 ‘‘SEC. 470. LEGAL EXPENSES.

2 ‘‘Notwithstanding any other provision of law and pur3 suant to rules which the Assistant Secretary shall issue,

4 counsel may be employed and counsel fees, court costs,

5 bail, and other expenses incidental to the defense of volun6 teers may be paid in judicial and administrative proceed7 ings to which full-time volunteers (or part-time volunteers

8 if such proceedings arise directly out of the performance

9 of activities pursuant to this title), serving under this title

10 have been made parties.

11 ‘‘Subtitle F—Authorization of

12 Appropriations

13 ‘‘SEC. 491. AUTHORIZATION OF APPROPRIATIONS FOR PRO14 GRAMS.

15 ‘‘(a) RETIRED AND SENIOR VOLUNTEER PRO16 GRAM.—There are authorized to be appropriated to carry

17 out subtitle A, $39,000,000 for fiscal year 1997 and such

18 sums as may be necessary for each of the fiscal years

19 1998, 1999, 2000, and 2001.

20 ‘‘(b) FOSTER GRANDPARENT PROGRAM.—There are

21 authorized to be appropriated to carry out subtitle B,

22 $62,200,000 for fiscal year 1997 and such sums as may

23 be necessary for each of the fiscal years 1998, 1999, 2000,

24 and 2001.

25 ‘‘(c) SENIOR COMPANION PROGRAM.—There are au26 thorized to be appropriated to carry out subtitle C,
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1 $31,200,000 for fiscal year 1997, and such sums as may

2 be necessary for each of the fiscal years 1998, 1999, 2000,

3 and 2001.’’.

4 SEC. 5. CONFORMING AMENDMENTS.

5 (a) CONFORMING AMENDMENTS TO THE DOMESTIC

6 VOLUNTEER SERVICE ACT OF 1973.—The Domestic Vol7 unteer Service Act of 1973 (42 U.S.C. 4950–1585) is

8 amended—

9 (1) in the table of contents by striking—

10 (A) the matter relating to title II,

11 (B) the items relating to sections 200

12 through 231, and

13 (C) the items relating to sections 416 and

14 502,

15 (2) by striking title II,

16 (3) in section 416(f)—

17 (A) in paragraph (1) by inserting ‘‘and’’ at

18 the end,

19 (B) by striking paragraph (2), and

20 (C) in paragraph (3)—

21 (i) by striking ‘‘paragraphs (1) and

22 (2)’’ and inserting ‘‘paragraph (1)’’, and

23 (ii) by redesignating paragraph (3) as

24 paragraph (2),

25 (4) by striking section 418,
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1 (5) in section 421—

2 (A) by striking ‘‘and,’’ and all that follows

3 through ‘‘Islands’’,

4 (B) by striking paragraphs (10), (14),

5 (15), and (18),

6 (6) in section 501(c) by striking ‘‘, or under

7 title II,’’, and

8 (7) by striking section 502.

9 (b) CONFORMING AMENDMENTS TO OTHER LAWS.—

10 (1) Section 416(a) of the Agricultural Act of 1949 (7

11 U.S.C. 1431) is amended by striking ‘‘Older Americans

12 Act of 1965’’ and inserting ‘‘Older Americans Act of

13 1995’’.

14 (2) Section 1114(a) of the Agriculture and Food Act

15 of 1981 (7 U.S.C. 1431e(a)) is amended—

16 (A) in paragraph (1) by striking ‘‘Older Ameri17 cans Act of 1965’’ each place it appears and insert18 ing ‘‘Older Americans Act of 1995’’, and

19 (B) in subparagraphs (C) and (D) of paragraph

20 (2) by striking ‘‘311(a)(4) of the Older Americans

21 Act of 1995 (42 U.S.C. 3030a(a)(4)’’ each place it

22 appears and inserting ‘‘chapter 3 of subtitle A of

23 title III of the Older Americans Act of 1995’’.

24 (3) Section 509(f)(5)(B) of the Rehabilitation Act of

25 1975 (29 U.S.C. 794e(f)(5)(B)) is amended by striking
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1 ‘‘Older Americans Act of 1965’’ and inserting ‘‘Older

2 Americans Act of 1995’’.

3 (4) The Job Training Partnership Act (29 U.S.C.

4 1501 et seq.) is amended—

5 (A) in section 204(d)—

6 (i) in paragraph (4) by striking ‘‘title V of

7 the Older Americans Act of 1965 (42 U.S.C.

8 3056 et seq.)’’ and inserting ‘‘chapter 4 of sub9 title A of title III of the Older Americans Act

10 of 1995’’, and

11 (ii) in paragraph (5) by striking ‘‘title V of

12 the Older Americans Act of 1965 (42 U.S.C.

13 3056 et seq.)’’ and inserting ‘‘chapter 4 of sub14 title A of title III of the Older Americans Act

15 of 1995’’,

16 (B) by amending section 205(a)(8) to read as

17 follows:

18 ‘‘(8) chapter 4 of subtitle A of title III of the

19 Older Americans Act of 1995;’’,

20 (C) in section 452(d)(1)(iii) by striking ‘‘Older

21 Americans Act of 1965’’ and inserting ‘‘Older Amer22 icans Act of 1995’’, and

23 (D) in section 455(b) by striking ‘‘title V of the

24 Older Americans Act of 1965 (42 U.S.C. 3056 et
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1 seq.)’’ and inserting ‘‘chapter 4 of subtitle A of title

2 III of the Older Americans Act of 1995’’.

3 (5) The Social Security Act (42 U.S.C. 301 et seq.)

4 is amended—

5 (A) in section 1819—

6 (i) in subsection (b)(4)(C)(ii)(IV) by strik7 ing ‘‘section 307(a)(12) of the Older Americans

8 Act of 1965’’ and inserting ‘‘section 304(a)(8)

9 of the Older Americans Act of 1995’’,

10 (ii) in subsection (c)(2)(B)(iii)(II) by strik11 ing ‘‘title III or IV of the Older Americans Act

12 of 1965 in accordance with section 712 of the

13 Act’’ and inserting ‘‘section 304(a)(8) of the

14 Older Americans Act of 1995’’, and

15 (iii) in subsection (g)(5)(B) by striking

16 ‘‘title III or IV of the Older Americans Act of

17 1965 in accordance with section 712 of the

18 Act’’ and inserting ‘‘section 304(a)(8) of the

19 Older Americans Act of 1995’’, and

20 (C) in section 1919—

21 (i) in subsection (b)(4)(C)(ii)(IV) by strik22 ing ‘‘section 307(a)(12) of the Older Americans

23 Act of 1965’’ and inserting ‘‘section 304(a)(8)

24 of the Older Americans Act of 1995’’,
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1 (ii) in subsection (c)(2)(B)(iii)(II) by strik2 ing ‘‘title III or IV of the Older Americans Act

3 of 1965 in accordance with section 712 of the

4 Act’’ and inserting ‘‘section 304(a)(8) of the

5 Older Americans Act of 1995’’, and

6 (iii) in subsection (g)(5)(B) by striking

7 ‘‘title III or IV of the Older Americans Act of

8 1965 in accordance with section 712 of the

9 Act’’ and inserting ‘‘section 304(a)(8) of the

10 Older Americans Act of 1995’’.

11 (6) Section 209 of the Housing and Community De12 velopment Act of 1974 (42 U.S.C. 1438) is amended by

13 striking ‘‘title III of the Older Americans Act of 1965’’

14 and inserting ‘‘chapter 1 of subtitle A of title III of the

15 Older Americans Act of 1995’’.

16 (7) Section 3803(c)(2)(C)(ix) of title 31 of the United

17 States Code is amended by striking ‘‘section 336 of the

18 Older Americans Act of 1965’’ and inserting ‘‘chapter 3

19 of subtitle A of title III of the Older Americans Act of

20 1995’’.

21 (8) Section 4360(d)(1)(C)(ii) of the Omnibus Budget

22 Reconciliation Act of 1990 (42 U.S.C. 1395b–

23 4(d)(1)(C)(ii)) is amended by inserting ‘‘of 1995’’ after

24 ‘‘Older Americans Act’’.
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1 (9) The National School Lunch Act (42 U.S.C. 1751

2 et seq.) is amended—

3 (A) in section 12(i) by striking ‘‘Older Ameri4 cans Act of 1965’’ and inserting ‘‘Older Americans

5 Act of 1995’’,

6 (B) in section 14—

7 (i) in subsection (a)(1) by striking ‘‘title

8 III of the Older Americans Act of 1965 (42

9 U.S.C. 3021 et seq.)’’ and inserting ‘‘subtitle A

10 of title III of the Older Americans Act of

11 1995’’, and

12 (ii) in subsection (c) by striking ‘‘311(a)(4)

13 of the Older Americans Act of 1965 (42 U.S.C.

14 3030(a)(4)) or for cash payments in lieu of

15 such donations under section 311(b)(1) of such

16 Act (42 U.S.C. 3030(b)(1))’’ and inserting

17 ‘‘chapter 3 of subtitle A of title III of the Older

18 Americans Act of 1995’’, and

19 (C) in subsection (o)(4)(B) by striking ‘‘part C

20 of title III of the Older Americans Act of 1965’’ and

21 inserting ‘‘chapter 3 of subtitle A of title III of the

22 Older Americans Act of 1995’’.

23 (10) Section 2(a) of the Environmental Programs As24 sistance Act of 1984 (42 U.S.C. 4368a(a)) is amended by

25 striking ‘‘title V of the Older Americans Act of 1965’’ and
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1 inserting ‘‘chapter 4 of subtitle A of title III of the Older

2 Americans Act of 1995’’.

3 (11) Section 14(g) of the Noise Control Act of 1972

4 (42 U.S.C. 4913(g)) is amended by inserting ‘‘of 1995’’

5 after ‘‘Older Americans Act’’.

6 (12) The Developmental Disabilities Assistance and

7 Bill of Rights Act (42 U.S.C. 6000 et seq.) is amended—

8 (A) in section 124(b)(3) by inserting ‘‘of 1995’’

9 after ‘‘Older Americans Act’’, and

10 (B) in section 142(a)(2)(D)(ii) by striking

11 ‘‘Older Americans Act of 1965’’ and inserting

12 ‘‘Older Americans Act of 1995’’.

13 (13) Section 412 of the Energy Conservation in Ex14 isting Buildings Act of 1976 (42 U.S.C. 6862) is amended

15 by striking ‘‘paragraphs (4), (5), and (6), respectively, of

16 section 102 of the Older Americans Act of 1965’’ and in17 serting ‘‘paragraphs (28), (29), and (50), respectively, of

18 the Older Americans Act of 1995’’.

19 (14) Section 405(c) of the Congregate Housing Serv20 ices Act of 1976 (42 U.S.C. 8004(c)) is amended by strik21 ing ‘‘Older Americans Act of 1965’’ each place it appears

22 and inserting ‘‘Older Americans Act of 1995’’.

23 (15) The Cranston-Gonzalez National Affordable

24 Housing Act (42 U.S.C. 12701 et seq.) is amended—
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1 (A) in section 802(d)(2)(B)(i) by striking ‘‘title

2 III of the Older Americans Act of 1965’’ and insert3 ing ‘‘subtitle A of title III of the Older Americans

4 Act of 1995’’, and

5 (B) in section 803(d)(12) by striking ‘‘Older

6 Americans Act of 1965’’ and inserting ‘‘Older Amer7 icans Act of 1995’’.

8 (16) Section 675(c)(5) by striking ‘‘Older Americans

9 Act of 1965’’ and inserting ‘‘Older Americans Act of

10 1995’’.

11 (17) The Alzheimer’s Disease and Related Dementias

12 Research Act of 1992 (42 U.S.C. 11201 et seq.) is amend13 ed—

14 (A) in subsection 934(b)(4) by striking ‘‘section

15 305(a) (1) and (2)(A) of the Older Americans Act

16 of 1965 (42 U.S.C. 3025(a)(1) and (2)(A))’’ and in17 serting ‘‘section 303(a)(2)(A) of the Older Ameri18 cans Act of 1965’’, and

19 (B) in section 962—

20 (i) in subsection (a)(1)(A)(iii) by striking

21 ‘‘Older Americans Act of 1965’’ and inserting

22 ‘‘Older Americans Act of 1995’’, and

23 (ii) in subsection (d) by striking ‘‘section

24 305(a)(1) of the Older Americans Act of 1965’’

25 and inserting ‘‘section 303(a)(1)’’.
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1 (18) The National and Community Service Act of

2 1990 (42 U.S.C. 12501 et seq.) is amended—

3 (A) in section 179—

4 (i) in subsection (a)(2)(A) by striking ‘‘

5 and National Senior Volunteer Corps’’,

6 (ii) in subsection (g)(3) by striking ‘‘ and

7 National Senior Volunteer Corps’’, and

8 (iii) in subsection (i)(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

19 (the Volunteers in Service to America (VISTA) program)

20 and other antipoverty programs under title I of that Act.’’,

21 and

22 (C) in section 198 by striking subsection (r).

23 SEC. 6. FISCAL YEAR REFERENCES FOR FISCAL YEAR 1997.

24 Any reference in the Older Americans Act of 1995

25 to ‘‘the preceding fiscal year’’ that applies with respect
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1 to funds appropriated to carry out, or to the operation

2 of a program, project, or activity to be carried out under,

3 such Act for fiscal year 1997 shall be deemed to be a ref4 erence to funds appropriated to carry out, or to the oper5 ation of the corresponding program, project, or activity

6 carried out under, the Older Americans Act of 1965 for

7 fiscal year 1996.

8 SEC. 7. ISSUANCE OF RULES.

9 Not later than 180 days after the date of the enact10 ment of this Act, the Secretary of Health and Human

11 Services shall issue, and publish in the Federal Register,

12 proposed rules for the administration of the Older Ameri13 cans Act of 1995. After allowing a reasonable period for

14 public comment on such proposed rules, and not later than

15 90 days after such publication, the Secretary shall issue

16 rules for the administration of such Act.

17 SEC. 8. APPLICATION OF AMENDMENTS.

18 (a) FISCAL YEAR 1996.—(1) The amendment made

19 by section 2 shall apply only with respect to fiscal year

20 1996 and to funds appropriated for such fiscal year to

21 carry out title V of the Older Americans Act of 1965.

22 (2) The authority of the Secretary of Labor to en23 force compliance with the requirements applicable to such

24 title with respect to fiscal years beginning before October
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1 1, 1996, shall not be affected by the amendment made

2 by section 3.

3 (b) FISCAL YEARS 1997–2001.—(1) The amendment

4 made by section 3 shall not apply with respect to fiscal

5 years beginning before October 1, 1996.

6 (2)(A) On and after October 1, 1996, the Secretary

7 of Health and Human Services shall have the authority

8 to enforce compliance with the requirements applicable to

9 title II of the Domestic Volunteer Service Act of 1975 and

10 to funds made available to carry out such title.

11 SEC. 9. TRANSFERS; SAVINGS PROVISIONS.

12 (a) TRANSFERS.—The Director of the Office of Man13 agement and Budget shall provide for the transfer to the

14 Administration on Aging for the purpose of implementing

15 title IV of the Older Americans Act of 1995, of personnel,

16 assets, liabilities, grants, contracts, property, records, and

17 unexpended balances of appropriations, authorizations, al18 locations, and other funds held, used, arising, available,

19 or to be made available in connection with the implementa20 tion of title II of the Domestic Volunteer Service Act of

21 1973 (42 U.S.C. 5000–5028a) by the Corporation for Na22 tional and Community Service.

23 (b) SAVINGS PROVISIONS.—(1) An amendment or re24 peal made by this Act shall not apply with respect to—
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1 (A) powers, duties, functions, rights, claims,

2 penalties, or obligations applicable with respect to fi3 nancial assistance provided before the effective date

4 of amendment or repeal, as the case may be, under

5 the provision of law so amended or so repealed, and

6 (B) judicial or administrative actions taken and

7 proceedings commenced before such effective date,

8 or authorized before such effective date to be taken

9 or to be commenced, under such provision.

10 (2) With respect to—

11 (A) the powers, duties, functions, rights, claims,

12 penalties, and obligations applicable to financial as13 sistance provided or authorized to be provided before

14 such effective date, and

15 (B) judicial or administrative actions taken and

16 proceedings commenced before such effective date,

17 or authorized before such effective date to be taken

18 or to be commenced,

19 under title II of the Domestic Volunteer Service Act of

20 1973 (42 U.S.C. 5000–5028a), a reference to the AC21 TION Agency or the Corporation for National and Com22 munity Service shall be deemed to be a reference to the

23 Administration on Aging or the Secretary of Health and

24 Human Services, as appropriate.
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1 (3) Except as provided in paragraph (2), the rules

2 applicable to financial assistance provided under title II

3 of the Domestic Volunteer Service Act of 1973 (42 U.S.C.

4 5000–5028a) as in effect before October 1, 1996, shall—

5 (A) remain in effect with respect to such assist6 ance until such rules are modified or superseded by

7 rules issued by the Secretary of Health and Human

8 Services to carry out title IV of the Older Americans

9 Act of 1995, and

10 (B) apply with respect to financial assistance

11 provided under title IV of the Older Americans Act

12 of 1995 until such rules are modified or superseded

13 by rules issued by the Secretary of Health and

14 Human Services to carry out such title.

15 SEC. 10. EFFECTIVE DATES.

16 (a) GENERAL EFFECTIVE DATE.—Except as pro17 vided in subsection (b), this Act and the amendments

18 made by this Act shall take effect on the date of the enact19 ment of this Act.

20 (b) SPECIAL EFFECTIVE DATES.—(1) The amend21 ment made by section 3 shall take effect on October 1,

22 1995.

23 (2) The amendments made by sections 4, 5, and 6

24 shall take effect on October 1, 1996.

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