1 

OLDER AMERICANS ACT OF 1965 

[Public Law 89–73] 

[As Amended Through P.L. 116–131, Enacted March 25, 2020] 

øCurrency: This publication is a compilation of the text of Public Law 89-73. It was 

last amended by the public law listed in the As Amended Through note above and 

below at the bottom of each page of the pdf version and reflects current law 

through the date of the enactment of the public law listed at https:// 

www.govinfo.gov/app/collection/comps/¿ 

øNote: While this publication does not represent an official version of any Federal 

statute, substantial efforts have been made to ensure the accuracy of its contents. 

The official version of Federal law is found in the United States Statutes at Large 

and in the United States Code. The legal effect to be given to the Statutes at 

Large and the United States Code is established by statute (1 U.S.C. 112, 204).¿ 

AN ACT To provide assistance in the development of new or improved programs to 

help older persons through grants to the States for community planning and services and for training, through research, development, or training project grants, 

and to establish within the Department of Health, Education, and Welfare an operating agency to be designated as the ‘‘Administration on Aging’’. 

Be it enacted by the Senate and House of Representatives of the 

United States of America in Congress assembled, That this Act may 

be cited as the ‘‘Older Americans Act of 1965’’. 

ø42 U.S.C. 3001 note¿ 

TITLE I—DECLARATION OF OBJECTIVES; DEFINITIONS 

DECLARATION OF OBJECTIVES FOR OLDER AMERICANS

SEC. 101. The Congress hereby finds and declares that, in 

keeping with the traditional American concept of the inherent dignity of the individual in our democratic society, the older people of 

our Nation are entitled to, and it is the joint and several duty and 

responsibility of the governments of the United States, of the several States and their political subdivisions, and of Indian tribes to 

assist our older people to secure equal opportunity to the full and 

free enjoyment of the following objectives: 

(1) An adequate income in retirement in accordance with 

the American standard of living. 

(2) The best possible physical and mental health (including 

access to person-centered, trauma-informed services as appropriate) which science can make available and without regard 

to economic status. 

(3) Obtaining and maintaining suitable housing, independently selected, designed and located with reference to special 

needs and available at costs which older citizens can afford. 

(4) Full restorative services for those who require institutional care, and a comprehensive array of community-based, 


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long-term care services adequate to appropriately sustain older 

people in their communities and in their homes, including support to family members and other persons providing voluntary 

care to older individuals needing long-term care services. 

(5) Opportunity for employment with no discriminatory 

personnel practices because of age. 

(6) Retirement in health, honor, dignity—after years of 

contribution to the economy. 

(7) Participating in and contributing to meaningful activity 

within the widest range of civic, cultural, educational and 

training and recreational opportunities. 

(8) Efficient community services, including access to lowcost transportation, which provide a choice in supported living 

arrangements and social assistance in a coordinated manner 

and which are readily available when needed, with emphasis 

on maintaining a continuum of care for vulnerable older individuals. 

(9) Immediate benefit from proven research knowledge 

which can sustain and improve health and happiness. 

(10) Freedom, independence, and the free exercise of individual initiative in planning and managing their own lives, full 

participation in the planning and operation of communitybased services and programs provided for their benefit, and 

protection against abuse, neglect, and exploitation. 

ø42 U.S.C. 3001¿ 

DEFINITIONS

SEC. 102. For the purposes of this Act— 

(1) The term ‘‘abuse’’ means the knowing infliction of physical or psychological harm or the knowing deprivation of goods 

or services that are necessary to meet essential needs or to 

avoid physical or psychological harm. 

(2) The term ‘‘Administration’’ means the Administration 

on Aging. 

(3) The term ‘‘adult protective services’’ means such services provided to adults as the Secretary may specify and includes services such as— 

(A) receiving reports of adult abuse, neglect, or exploitation; 

(B) investigating the reports described in subparagraph (A); 

(C) case planning, monitoring, evaluation, and other 

casework and services; and 

(D) providing, arranging for, or facilitating the provision of medical, social service, economic, legal, housing, 

law enforcement, or other protective, emergency, or support services. 

(4) The term ‘‘Aging and Disability Resource Center’’ 

means an entity, network, or consortium established by a State 

as part of the State system of long-term care, to provide a coordinated and integrated system for older individuals and individuals with disabilities (as defined in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102)), and the 


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caregivers of older individuals and individuals with disabilities, 

that provides, in collaboration with (as appropriate) area agencies on aging, centers for independent living (as described in 

part C of chapter 1 of title VII of the Rehabilitation Act of 1973 

(29 U.S.C. 796f et seq.)), and other aging or disability entities— 

(A) comprehensive information on the full range of 

available public and private long-term care programs, options, service providers, and resources within a community, including information on the availability of integrated 

long-term care services, and Federal or State programs 

that provide long-term care services and supports through 

home and community-based service programs; 

(B) person-centered counseling to assist individuals in 

assessing their existing or anticipated long-term care 

needs and goals, and developing and implementing a person-centered plan for long-term services, supports, and 

care that is consistent with the desires and choices of such 

an individual and designed to meet the individual’s specific 

needs, goals, and circumstances; 

(C) access for individuals to the full range of publiclysupported long-term care services and supports for which 

the individuals may be eligible, including home and community-based service options, by serving as a convenient 

point of entry for such programs and supports; and 

(D) in cooperation with area agencies on aging, centers 

for independent living described in part C of chapter 1 of 

title VII of the Rehabilitation Act of 1973, and other community-based entities, including other aging or disability 

entities, information and referrals regarding available 

home and community-based services for individuals who 

are at risk for residing in, or who reside in, institutional 

settings, so that the individuals have the choice to remain 

in or to return to the community. 

(5) The term ‘‘aging network’’ means the network of— 

(A) State agencies, area agencies on aging, title VI 

grantees, and the Administration; and 

(B) organizations that— 

(i)(I) are providers of direct services to older individuals; or 

(II) are institutions of higher education; and 

(ii) receive funding under this Act. 

(6) The term ‘‘area agency on aging’’ means an area agency 

on aging designated under section 305(a)(2)(A) or a State agency performing the functions of an area agency on aging under 

section 305(b)(5). 

(7) The term ‘‘Assistant Secretary’’ means the Assistant 

Secretary for Aging. 

(8)(A) The term ‘‘assistive device’’ includes an assistive 

technology device. 

(B) The terms ‘‘assistive technology’’, ‘‘assistive technology 

device’’, and ‘‘assistive technology service’’ have the meanings 

given such terms in section 3 of the Assistive Technology Act 

of 1998 (29 U.S.C. 3002). 


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1Margin so in law. See amendment made by section 104(1) of Public Law 116-131. 

(C) 1 The term ‘‘State assistive technology entity’’ means the 

agency, office, or other entity designated under subsection (c)(1) of 

section 4 of the Assistive Technology Act of 1998 (29 U.S.C. 3003) 

to carry out State activities under such section. 

(9) The term ‘‘at risk for institutional placement’’ means, 

with respect to an older individual, that such individual is unable to perform at least 2 activities of daily living without substantial assistance (including verbal reminding, physical cuing, 

or supervision) and is determined by the State involved to be 

in need of placement in a long-term care facility. 

(10) The term ‘‘board and care facility’’ means an institution regulated by a State pursuant to section 1616(e) of the Social Security Act (42 U.S.C. 1382e(e)). 

(11) The term ‘‘case management service’’— 

(A) means a service provided to an older individual, at 

the direction of the older individual or a family member of 

the individual— 

(i) by an individual who is trained or experienced 

in the case management skills that are required to deliver the services and coordination described in subparagraph (B); and 

(ii) to assess the needs, and to arrange, coordinate, and monitor an optimum package of services to 

meet the needs, of the older individual; and 

(B) includes services and coordination such as— 

(i) comprehensive assessment of the older individual (including the physical, psychological, and social needs of the individual); 

(ii) development and implementation of a service 

plan with the older individual to mobilize the formal 

and informal resources and services identified in the 

assessment to meet the needs of the older individual, 

including coordination of the resources and services— 

(I) with any other plans that exist for various 

formal services, such as hospital discharge plans; 

and 

(II) with the information and assistance services provided under this Act; 

(iii) coordination and monitoring of formal and informal service delivery, including coordination and 

monitoring to ensure that services specified in the 

plan are being provided; 

(iv) periodic reassessment and revision of the status of the older individual with— 

(I) the older individual; or 

(II) if necessary, a primary caregiver or family 

member of the older individual; and 

(v) in accordance with the wishes of the older individual, advocacy on behalf of the older individual for 

needed services or resources. 

(12) The term ‘‘civic engagement’’ means an individual or 

collective action designed to address a public concern or an 


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unmet human, educational, health care, environmental, or public safety need. 

(13) The term ‘‘disability’’ means (except when such term 

is used in the phrase ‘‘severe disability’’, ‘‘developmental disabilities’’, ‘‘physical or mental disability’’, ‘‘physical and mental 

disabilities’’, or ‘‘physical disabilities’’) a disability attributable 

to mental or physical impairment, or a combination of mental 

and physical impairments, that results in substantial functional limitations in 1 or more of the following areas of major 

life activity: (A) self-care, (B) receptive and expressive language, (C) learning, (D) mobility, (E) self-direction, (F) capacity 

for independent living, (G) economic self-sufficiency, (H) cognitive functioning, and (I) emotional adjustment. 

(14) The term ‘‘disease prevention and health promotion 

services’’ means— 

(A) health risk assessments; 

(B) routine health screening, which may include hypertension, glaucoma, cholesterol, cancer, vision, hearing, 

diabetes, bone density, oral health, immunization status, 

and nutrition screening (including screening for malnutrition); 

(C) nutritional counseling and educational services for 

individuals and their primary caregivers; 

(D) evidence-based health promotion programs, including programs related to the prevention and mitigation of 

the effects of chronic disease (including osteoporosis, hypertension, obesity, diabetes, and cardiovascular disease), 

infectious disease, and vaccine-preventable disease, prevention of sexually transmitted diseases, as well as alcohol 

and substance abuse reduction, chronic pain management, 

smoking cessation, weight loss and control, stress management, falls prevention, physical activity, and improved nutrition; 

(E) programs regarding physical fitness, group exercise, and music therapy, art therapy, and dance-movement 

therapy, including programs for multigenerational participation that are provided by— 

(i) an institution of higher education; 

(ii) a local educational agency, as defined in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801); or 

(iii) a community-based organization; 

(F) home injury control services, including screening of 

high-risk home environments and provision of educational 

programs on injury prevention (including fall and fracture 

prevention) in the home environment; 

(G) screening for the prevention of depression and 

screening for suicide risk, coordination of community mental and behavioral health services, provision of educational 

activities, and referral to psychiatric and psychological 

services; 

(H) screening for fall-related traumatic brain injury 

and other fall-related injuries, coordination of treatment, 


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rehabilitation and related services, and referral services 

related to such injury or injuries; 

(I) educational programs on the availability, benefits, 

and appropriate use of preventive health services covered 

under title XVIII of the Social Security Act (42 U.S.C. 1395 

et seq.); 

(J) medication management screening and education 

to prevent incorrect medication and adverse drug reactions; 

(K) information concerning diagnosis, prevention, 

treatment, and rehabilitation concerning age-related diseases and chronic disabling conditions, including 

osteoporosis, cardiovascular diseases, diabetes, and Alzheimer’s disease and related disorders with neurological 

and organic brain dysfunction; 

(L) services that are a part of responses to a public 

health emergency or emerging health threat; 

(M) gerontological counseling; 

(N) screening for the prevention of negative health effects associated with social isolation and coordination of 

supportive services and health care to address negative 

health effects associated with social isolation; and 

(O) counseling regarding social services and followup 

health services based on any of the services described in 

subparagraphs (A) through (N). 

The term shall not include services for which payment may be 

made under titles XVIII and XIX of the Social Security Act (42 

U.S.C. 1395 et seq., 1396 et seq.). 

(15) The term ‘‘elder abuse’’ means abuse of an older individual. 

(16) The term ‘‘elder abuse, neglect, and exploitation’’ 

means abuse, neglect, and exploitation, of an older individual. 

(17) The term ‘‘elder justice’’ means— 

(A) from a societal perspective, efforts to— 

(i) prevent, detect, treat, intervene in, and prosecute elder abuse, neglect, and exploitation; and 

(ii) protect older individuals with diminished capacity while maximizing their autonomy; and 

(B) from an individual perspective, the recognition of 

an older individual’s rights, including the right to be free 

of abuse, neglect, and exploitation. 

(18)(A) The terms ‘‘exploitation’’ and ‘‘financial exploitation’’ mean the fraudulent or otherwise illegal, unauthorized, 

or improper act or process of an individual, including a caregiver or fiduciary, that uses the resources of an older individual for monetary or personal benefit, profit, or gain, or that 

results in depriving an older individual of rightful access to, or 

use of, benefits, resources, belongings, or assets. 

(B) In subparagraph (A), the term ‘‘caregiver’’ means an individual who has the responsibility for the care of an older individual, either voluntarily, by contract, by receipt of payment 

for care, or as a result of the operation of law and means a 

family member or other individual who provides (on behalf of 

such individual or of a public or private agency, organization, 


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or institution) compensated or uncompensated care to an older 

individual. 

(19) The term ‘‘family violence’’ has the same meaning 

given the term in the Family Violence Prevention and Services 

Act. 

(20) The term ‘‘fiduciary’’— 

(A) means a person or entity with the legal responsibility— 

(i) to make decisions on behalf of and for the benefit of another person; and 

(ii) to act in good faith and with fairness; and 

(B) includes a trustee, a guardian, a conservator, an 

executor, an agent under a financial power of attorney or 

health care power of attorney, or a representative payee. 

(21) The term ‘‘focal point’’ means a facility established to 

encourage the maximum collocation and coordination of services for older individuals. 

(22) The term ‘‘frail’’ means, with respect to an older individual in a State, that the older individual is determined to be 

functionally impaired because the individual— 

(A)(i) is unable to perform at least two activities of 

daily living without substantial human assistance, including verbal reminding, physical cueing, or supervision; or 

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

least three such activities without such assistance; or 

(B) due to a cognitive or other mental impairment, requires substantial supervision because the individual behaves in a manner that poses a serious health or safety 

hazard to the individual or to another individual. 

(23) The term ‘‘greatest economic need’’ means the need resulting from an income level at or below the poverty line. 

(24) The term ‘‘greatest social need’’ means the need 

caused by noneconomic factors, which include— 

(A) physical and mental disabilities; 

(B) language barriers; and 

(C) cultural, social, or geographical isolation, including 

isolation caused by racial or ethnic status, that— 

(i) restricts the ability of an individual to perform 

normal daily tasks; or 

(ii) threatens the capacity of the individual to live 

independently. 

(25) The term ‘‘Hispanic-serving institution’’ has the meaning given the term in section 502 of the Higher Education Act 

of 1965 (20 U.S.C. 1101a). 

(26) The term ‘‘Indian’’ means a person who is a member 

of an Indian tribe. 

(27) Except for the purposes of title VI of this Act, the 

term ‘‘Indian tribe’’ means any tribe, band, nation, or other organized group or community of Indians (including any Alaska 

Native village or regional or village corporation as defined in 

or established pursuant to the Alaska Native Claims Settlement Act (Public Law 92–203; 85 Stat. 688) which (A) is recognized as eligible for the special programs and services provided 

by the United States to Indians because of their status as IndiVerDate Mar 15 2010 19:37 Apr 10, 2020 Jkt 000000 PO 00000 Frm 00007 Fmt 9001 Sfmt 9001 G:\COMP\EDVI\OAAO1.BEL HOLC

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ans; or (B) is located on, or in proximity to, a Federal or State 

reservation or rancheria. 

(28) The term ‘‘information and assistance service’’ means 

a service for older individuals that— 

(A) provides the individuals with current information 

on opportunities and services available to the individuals 

within their communities, including information relating 

to assistive technology; 

(B) assesses the problems and capacities of the individuals; 

(C) links the individuals to the opportunities and services that are available; 

(D) to the maximum extent practicable, ensures that 

the individuals receive the services needed by the individuals, and are aware of the opportunities available to the 

individuals, by establishing adequate followup procedures; 

and 

(E) serves the entire community of older individuals, 

particularly— 

(i) older individuals with greatest social need; 

(ii) older individuals with greatest economic need; 

and 

(iii) older individuals at risk for institutional 

placement. 

(29) The term ‘‘information and referral’’ includes information relating to assistive technology. 

(30) The term ‘‘in-home services’’ includes— 

(A) services of homemakers and home health aides; 

(B) visiting and telephone reassurance; 

(C) chore maintenance; 

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

care as a respite service for families; 

(E) minor modification of homes that is necessary to 

facilitate the ability of older individuals to remain at home 

and that is not available under another program (other 

than a program carried out under this Act); 

(F) personal care services; and 

(G) other in-home services as defined— 

(i) by the State agency in the State plan submitted in accordance with section 307; and 

(ii) by the area agency on aging in the area plan 

submitted in accordance with section 306. 

(31) The term ‘‘institution of higher education’’ has the 

meaning given the term in section 101 of the Higher Education 

Act of 1965. 

(32) The term ‘‘integrated long-term care’’— 

(A) means items and services that consist of— 

(i) with respect to long-term care— 

(I) long-term care items or services provided 

under a State plan for medical assistance under 

the Medicaid program established under title XIX 

of the Social Security Act (42 U.S.C. 1396 et seq.), 

including nursing facility services, home and community-based services, personal care services, and 


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case management services provided under the 

plan; and 

(II) any other supports, items, or services that 

are available under any federally funded longterm care program; and 

(ii) with respect to other health care, items and 

services covered under— 

(I) the Medicare program established under 

title XVIII of the Social Security Act (42 U.S.C. 

1395 et seq.); 

(II) the State plan for medical assistance 

under the Medicaid program; or 

(III) any other federally funded health care 

program; and 

(B) includes items or services described in subparagraph (A) that are provided under a public or private managed care plan or through any other service provider. 

(33) The term ‘‘legal assistance’’— 

(A) means legal advice and representation provided by 

an attorney to older individuals with economic or social 

needs; and 

(B) includes— 

(i) to the extent feasible, counseling or other appropriate assistance by a paralegal or law student 

under the direct supervision of an attorney; and 

(ii) counseling or representation by a nonlawyer 

where permitted by law. 

(34) The term ‘‘long-term care’’ means any service, care, or 

item (including an assistive device), including a disease prevention and health promotion service, an in-home service, and a 

case management service— 

(A) intended to assist individuals in coping with, and 

to the extent practicable compensate for, a functional impairment in carrying out activities of daily living; 

(B) furnished at home, in a community care setting 

(including a small community care setting as defined in 

subsection (g)(1), and a large community care setting as 

defined in subsection (h)(1), of section 1929 of the Social 

Security Act (42 U.S.C. 1396t)), or in a long-term care facility; and 

(C) not furnished to prevent, diagnose, treat, or cure 

a medical disease or condition. 

(35) The term ‘‘long-term care facility’’ means— 

(A) any skilled nursing facility, as defined in section 

1819(a) of the Social Security Act (42 U.S.C. 1395i–3(a)); 

(B) any nursing facility, as defined in section 1919(a) 

of the Social Security Act (42 U.S.C. 1396r(a)); 

(C) a board and care facility; and 

(D) any other adult care home, including an assisted 

living facility, similar to a facility or institution described 

in subparagraphs (A) through (C). 

(36) The term ‘‘multipurpose senior center’’ means a community facility for the organization and provision of a broad 

spectrum of services, which shall include provision of health 


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(including mental and behavioral health), social, nutritional, 

and educational services and the provision of facilities for recreational activities for older individuals. 

(37) The term ‘‘Native American’’ means— 

(A) an Indian as defined in paragraph (26); and 

(B) a Native Hawaiian, as defined in section 625. 

(38) The term ‘‘neglect’’ means— 

(A) the failure of a caregiver (as defined in paragraph 

(18)(B)) or fiduciary to provide the goods or services that 

are necessary to maintain the health or safety of an older 

individual; or 

(B) self-neglect. 

(39) The term ‘‘nonprofit’’ as applied to any agency, institution, or organization means an agency, institution, or organization which is, or is owned and operated by, one or more corporations or associations no part of the net earnings of which 

inures, or may lawfully inure, to the benefit of any private 

shareholder or individual. 

(40) The term ‘‘older individual’’ means an individual who 

is 60 years of age or older. 

(41) The term ‘‘person-centered, trauma-informed’’, with 

respect to services, means services provided through an aging 

program that— 

(A) use a holistic approach to providing services or 

care; 

(B) promote the dignity, strength, and empowerment 

of victims of trauma; and 

(C) incorporate evidence-based practices based on 

knowledge about the role of trauma in trauma victims’ 

lives. 

(42) The term ‘‘physical harm’’ means bodily injury, impairment, or disease. 

(43) The term ‘‘planning and service area’’ means an area 

designated by a State agency under section 305(a)(1)(E), including a single planning and service area described in section 

305(b)(5)(A). 

(44) The term ‘‘poverty line’’ means the official poverty line 

(as defined by the Office of Management and Budget, and adjusted by the Secretary in accordance with section 673(2) of the 

Community Services Block Grant Act (42 U.S.C. 9902(2)). 

(45) The term ‘‘representative payee’’ means a person who 

is appointed by a governmental entity to receive, on behalf of 

an older individual who is unable to manage funds by reason 

of a physical or mental incapacity, any funds owed to such individual by such entity. 

(46) The term ‘‘Secretary’’ means the Secretary of Health 

and Human Services, expect that for purposes of title V such 

term means the Secretary of Labor. 

(47) The term ‘‘self-directed care’’ means an approach to 

providing services (including programs, benefits, supports, and 

technology) under this Act intended to assist an individual 

with activities of daily living, in which— 

(A) such services (including the amount, duration, 

scope, provider, and location of such services) are planned, 


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budgeted, and purchased under the direction and control of 

such individual; 

(B) such individual is provided with such information 

and assistance as are necessary and appropriate to enable 

such individual to make informed decisions about the individual’s care options; 

(C) the needs, capabilities, and preferences of such individual with respect to such services, and such individual’s ability to direct and control the individual’s receipt of 

such services, are assessed by the area agency on aging (or 

other agency designated by the area agency on aging) involved; 

(D) based on the assessment made under subparagraph (C), the area agency on aging (or other agency designated by the area agency on aging) develops together 

with such individual and the individual’s family, caregiver 

(as defined in paragraph (18)(B)), or legal representative— 

(i) a plan of services for such individual that specifies which services such individual will be responsible 

for directing; 

(ii) a determination of the role of family members 

(and others whose participation is sought by such individual) in providing services under such plan; and 

(iii) a budget for such services; and 

(E) the area agency on aging or State agency provides 

for oversight of such individual’s self-directed receipt of 

services, including steps to ensure the quality of services 

provided and the appropriate use of funds under this Act. 

(48) The term ‘‘self-neglect’’ means an adult’s inability, due 

to physical or mental impairment or diminished capacity, to 

perform essential self-care tasks including— 

(A) obtaining essential food, clothing, shelter, and 

medical care; 

(B) obtaining goods and services necessary to maintain 

physical health, mental and behavioral health, or general 

safety; or 

(C) managing one’s own financial affairs. 

(49) The term ‘‘severe disability’’ means a severe, chronic 

disability attributable to mental or physical impairment, or a 

combination of mental and physical impairments, that— 

(A) is likely to continue indefinitely; and 

(B) results in substantial functional limitation in 3 or 

more of the major life activities specified in subparagraphs 

(A) through (G) of paragraph (8). 

(50) The term ‘‘sexual assault’’ has the meaning given the 

term in section 2003 of the Omnibus Crime Control and Safe 

Streets Act of 1968 (42 U.S.C. 3796gg–2). 

(51) The term ‘‘State’’ means any of the several States, the 

District of Columbia, the Virgin Islands of the United States, 

the Commonwealth of Puerto Rico, Guam, American Samoa, 

and the Commonwealth of the Northern Mariana Islands. 

(52) The term ‘‘State agency’’ means the agency designated 

under section 305(a)(1). 


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(53) The term ‘‘State system of long-term care’’ means the 

Federal, State, and local programs and activities administered 

by a State that provide, support, or facilitate access to longterm care for individuals in such State. 

(54) The term ‘‘supportive service’’ means a service described in section 321(a). 

(55) The term ‘‘traumatic brain injury’’ has the meaning 

given such term in section 393B(d) of the Public Health Service 

Act (42 U.S.C. 280b–1c(d)). 

(56) Except for the purposes of title VI of this Act, the 

term ‘‘tribal organization’’ means the recognized governing 

body of any Indian tribe, or any legally established organization of Indians which is controlled, sanctioned, or chartered by 

such governing body. In any case in which a contract is let or 

grant made to an organization to perform services benefiting 

more than one Indian tribe, the approval of each such Indian 

tribe shall be a prerequisite to the letting or making of such 

contract or grant. 

TITLE II—ADMINISTRATION ON AGING 

ESTABLISHMENT OF ADMINISTRATION ON AGING

SEC. 201. (a) There is established in the Office of the Secretary 

an Administration on Aging which shall be headed by an Assistant 

Secretary for Aging. Except for title V, the Administration shall be 

the agency for carrying out this Act. There shall be a direct reporting relationship between the Assistant Secretary and the Secretary. In the performance of the functions of the Assistant Secretary, the Assistant Secretary shall be directly responsible to the 

Secretary. The Secretary shall not approve or require any delegation of the functions of the Assistant Secretary (including the functions of the Assistant Secretary carried out through regional offices) to any other officer not directly responsible to the Assistant 

Secretary. 

(b) The Assistant Secretary shall be appointed by the President 

by and with the advice and consent of the Senate. 

(c)(1) There is established in the Administration an Office for 

American Indian, Alaskan Native, and Native Hawaiian Programs. 

(2) The Office shall be headed by a Director of the Office for 

American Indian, Alaskan Native, and Native Hawaiian Aging appointed by the Assistant Secretary. 

(3) The Director of the Office for American Indian, Alaskan Native, and Native Hawaiian Aging shall— 

(A)(i) evaluate the adequacy of outreach under title III and 

title VI for older individuals who are Native Americans and 

recommend to the Assistant Secretary necessary action to improve service delivery, outreach, coordination between title III 

and title VI services, and particular problems faced by older 

Indians and Native Hawaiians; and 

(ii) include a description of the results of such evaluation 

and recommendations in the annual report required by section 

207(a) to be submitted by the Assistant Secretary; 

(B) serve as the effective and visible advocate in behalf of 

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ment of Health and Human Services and with other departments and agencies of the Federal Government regarding all 

Federal policies affecting such individuals, with particular attention to services provided to Native Americans by the Indian 

Health Service; 

(C) coordinate activities between other Federal departments and agencies to assure a continuum of improved services 

through memoranda of agreements or through other appropriate means of coordination; 

(D) administer and evaluate the grants provided under 

this Act to Indian tribes, public agencies and nonprofit private 

organziations serving Native Hawaiians; 

(E) recommend to the Assistant Secretary policies and priorities with respect to the development and operation of programs and activities conducted under this Act relating to older 

individuals who are Native Americans; 

(F) collect and disseminate information related to problems 

experienced by older Native Americans, including information 

(compiled with assistance from public or nonprofit private entities, including institutions of higher education, with experience 

in assessing the characteristics and health status of older individuals who are Native Americans) on elder abuse, in-home 

care, health problems, and other problems unique to Native 

Americans; 

(G) develop research plans, and conduct and arrange for 

research, in the field of American Native aging with a special 

emphasis on the gathering of statistics on the status of older 

individuals who are Native Americans; 

(H) develop and provide technical assistance and training 

programs to grantees under title VI; 

(I) promote coordination— 

(i) between the administration of title III and the administration of title VI; and 

(ii) between programs established under title III by 

the Assistant Secretary and programs established under 

title VI by the Assistant Secretary; 

including sharing among grantees information on programs 

funded, and on training and technical assistance provided, 

under such titles; and 

(J) serve as the effective and visible advocate on behalf of 

older individuals who are Indians, Alaskan Natives, and Native Hawaiians, in the States to promote the enhanced delivery 

of services and implementation of programs, under this Act 

and other Federal Acts, for the benefit of such individuals. 

(d)(1) There is established in the Administration the Office of 

Long-Term Care Ombudsman Programs (in this subsection referred 

to as the ‘‘Office’’). 

(2)(A) The Office shall be headed by a Director of the Office of 

Long-Term Care Ombudsman Programs (in this subsection referred 

to as the ‘‘Director’’) who shall be appointed by the Assistant Secretary from among individuals who have expertise and background 

in the fields of long-term care advocacy and management. The Director shall report directly to the Assistant Secretary. 

(B) No individual shall be appointed Director if— 


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(i) the individual has been employed within the previous 

2 years by— 

(I) a long-term care facility; 

(II) a corporation that then owned or operated a longterm care facility; or 

(III) an association of long-term care facilities; 

(ii) the individual— 

(I) has an ownership or investment interest (represented by equity, debt, or other financial relationship) in 

a long-term care facility or long-term care service; or 

(II) receives, or has the right to receive, directly or indirectly remuneration (in cash or in kind) under a compensation arrangement with an owner or operator of a 

long-term care facility; or 

(iii) the individual, or any member of the immediate family 

of the individual, is subject to a conflict of interest. 

(3) The Director shall— 

(A) serve as an effective and visible advocate on behalf of 

older individuals who reside in long-term care facilities, within 

the Department of Health and Human Services and with other 

departments, agencies, and instrumentalities of the Federal 

Government regarding all Federal policies affecting such individuals; 

(B) review and make recommendations to the Assistant 

Secretary regarding— 

(i) the approval of the provisions in State plans submitted under section 307(a) that relate to State Long-Term 

Care Ombudsman programs; and 

(ii) the adequacy of State budgets and policies relating 

to the programs; 

(C) after consultation with State Long-Term Care Ombudsmen and the State agencies, make recommendations to the Assistant Secretary regarding— 

(i) policies designed to assist State Long-Term Care 

Ombudsmen; and 

(ii) methods to periodically monitor and evaluate the 

operation of State Long-Term Care Ombudsman programs, 

to ensure that the programs satisfy the requirements of 

section 307(a)(9) and section 712, including provision of 

service to residents of board and care facilities and of similar adult care facilities; 

(D) keep the Assistant Secretary and the Secretary fully 

and currently informed about— 

(i) problems relating to State Long-Term Care Ombudsman programs; and 

(ii) the necessity for, and the progress toward, solving 

the problems; 

(E) review, and make recommendations to the Secretary 

and the Assistant Secretary regarding, existing and proposed 

Federal legislation, regulations, and policies regarding the operation of State Long-Term Care Ombudsman programs; 

(F) make recommendations to the Assistant Secretary and 

the Secretary regarding the policies of the Administration, and 

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ties of other Federal entities, State and local entities, and nongovernmental entities, relating to State Long-Term Care Ombudsman programs; 

(G) supervise the activities carried out under the authority 

of the Administration that relate to State Long-Term Care Ombudsman programs; 

(H) administer the National Ombudsman Resource Center 

established under section 202(a)(18) and make recommendations to the Assistant Secretary regarding the operation of the 

National Ombudsman Resource Center; 

(I) advocate, monitor, and coordinate Federal and State activities of Long-Term Care Ombudsmen under this Act; 

(J) submit to the Speaker of the House of Representatives 

and the President pro tempore of the Senate an annual report 

on the effectiveness of services provided under section 307(a)(9) 

and section 712; 

(K) have authority to investigate the operation or violation 

of any Federal law administered by the Department of Health 

and Human Services that may adversely affect the health, 

safety, welfare, or rights of older individuals; 

(L) not later than 180 days after the date of the enactment 

of the Older Americans Act Reauthorization Act of 2016, establish standards applicable to the training required by section 

712(h)(5); and 

(M) collect and analyze best practices related to responding 

to elder abuse, neglect, and exploitation in long-term care facilities, and publish a report of such best practices. 

(e)(1) The Assistant Secretary is authorized to designate within 

the Administration a person to have responsibility for elder abuse 

prevention and services. 

(2) It shall be the duty of the Assistant Secretary, acting 

through the person designated to have responsibility for elder 

abuse prevention and services, and in coordination with the heads 

of State adult protective services programs and the Director of the 

Office of Long-Term Care Ombudsman Programs— 

(A) to develop objectives, priorities, policy, and a long-term 

plan for— 

(i) facilitating the development, implementation, and 

continuous improvement of a coordinated, multidisciplinary elder justice system in the United States; 

(ii) providing Federal leadership to support State efforts in carrying out elder justice programs and activities 

relating to— 

(I) elder abuse prevention, detection, treatment, 

intervention, and response; 

(II) training of individuals regarding the matters 

described in subclause (I); and 

(III) the development of a State comprehensive 

elder justice system, as defined in section 752(b); 

(iii) establishing Federal guidelines and disseminating 

best practices for uniform data collection and reporting by 

States; 

(iv) working with States, the Department of Justice, 

and other Federal entities to annually collect, maintain, 


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and disseminate data relating to elder abuse, neglect, and 

exploitation, to the extent practicable; 

(v) establishing an information clearinghouse to collect, maintain, and disseminate information concerning 

best practices and resources for training, technical assistance, and other activities to assist States and communities 

to carry out evidence-based programs to prevent and address elder abuse, neglect, and exploitation; 

(vi) conducting research related to elder abuse, neglect, and exploitation; 

(vii) providing technical assistance to States and other 

eligible entities that provide or fund the provision of the 

services described in title VII; 

(viii) carrying out a study to determine the national 

incidence and prevalence of elder abuse, neglect, and exploitation in all settings; and 

(ix) promoting collaborative efforts and diminishing 

duplicative efforts in the development and carrying out of 

elder justice programs at the Federal, State and local levels; and 

(B) to assist States and other eligible entities under title 

VII to develop strategic plans to better coordinate elder justice 

activities, research, and training. 

(3) The Secretary, acting through the Assistant Secretary, may 

issue such regulations as may be necessary to carry out this subsection and section 752. 

(f)(1) The Assistant Secretary may designate an officer or employee who shall be responsible for the administration of mental 

and behavioral health services authorized under this Act. 

(2) It shall be the duty of the Assistant Secretary, acting 

through the individual designated under paragraph (1), to develop 

objectives, priorities, and a long-term plan for supporting State and 

local efforts involving education about and prevention, detection, 

and treatment of mental disorders, including age-related dementia, 

depression, and Alzheimer’s disease and related neurological disorders with neurological and organic brain dysfunction. 

(g)(1) The Assistant Secretary shall, as appropriate, coordinate 

the research and evaluation functions of this Act under a Research, 

Demonstration, and Evaluation Center for the Aging Network (in 

this subsection referred to as the ‘‘Center’’), which shall be headed 

by a director designated by the Assistant Secretary from individuals described in paragraph (4). 

(2) The purpose of the Center shall be— 

(A) to coordinate, as appropriate, research, research dissemination, evaluation, demonstration projects, and related activities carried out under this Act; 

(B) to provide assessment of the programs and interventions authorized under this Act; and 

(C) to increase the repository of information on evidencebased programs and interventions available to the aging network, which information shall be applicable to existing programs and interventions and help in the development of new 

evidence-based programs and interventions. 


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(3) Activities of the Center shall include, as appropriate, conducting, promoting, coordinating, and providing support for— 

(A) research and evaluation activities that support the objectives of this Act, including— 

(i) evaluation of new and existing programs and interventions authorized by this Act; and 

(ii) research on and assessment of the relationship between programs and interventions under this Act and the 

health outcomes, social determinants of health, quality of 

life, and independence of individuals served under this 

Act; 

(B) demonstration projects that support the objectives of 

this Act, including activities to bring effective demonstration 

projects to scale with a prioritization of projects that address 

the needs of underserved populations, and promote partnerships among aging services, community-based organizations, 

and Medicare and Medicaid providers, plans, and health (including public health) systems; 

(C) outreach and dissemination of research findings; and 

(D) technical assistance related to the activities described 

in this paragraph. 

(4) The director shall be an individual with substantial knowledge of and experience in aging and health policy, and research administration. 

(5) Not later than October 1, 2020, and at 5-year intervals 

thereafter, the director shall prepare and publish in the Federal 

Register for public comment a draft of a 5-year plan that— 

(A) outlines priorities for research, research dissemination, 

evaluation, demonstration projects, and related activities; 

(B) explains the basis for such priorities; and 

(C) describes how the plan will meet the needs of underserved populations. 

(6) The director shall coordinate, as appropriate, research, research dissemination, evaluation, and demonstration projects, and 

related activities with appropriate agency program staff, and, as 

appropriate, with other Federal departments and agencies involved 

in research in the field of aging. 

(7) Not later than December 31, 2020, and annually thereafter, 

the director shall prepare, and submit to the Secretary, the Committee on Health, Education, Labor, and Pensions of the Senate, 

the Special Committee on Aging of the Senate, and the Committee 

on Education and Labor of the House of Representatives, a report 

on the activities funded under this section and title IV. 

(8) The director shall, as appropriate, consult with experts on 

aging research and evaluation and aging network stakeholders on 

the implementation of the activities described under paragraph (3) 

of this subsection. 

(9) The director shall coordinate, as appropriate, all research 

and evaluation authorities under this Act. 

ø42 U.S.C. 3011¿ 


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Sec. 202 OLDER AMERICANS ACT OF 1965 18 

FUNCTIONS OF ASSISTANT SECRETARY

SEC. 202. (a) It shall be the duty and function of the Administration to— 

(1) serve as the effective and visible advocate for older individuals within the Department of Health and Human Services and with other departments, agencies, and instrumentalities of the Federal Government by maintaining active review 

and commenting responsibilities over all Federal policies affecting older individuals; 

(2) collect and disseminate information related to problems 

of the aged and aging; 

(3) directly assist the Secretary in all matters pertaining 

to problems of the aged and aging; 

(4) administer the grants provided by this Act, but not approve an application submitted by an applicant for a grant for 

an activity under a provision of this Act for which such applicant previously received a grant under such provision unless 

the Assistant Secretary determines— 

(A) the activity for which such application was submitted is being operated, or was operated, effectively to 

achieve its stated purpose; and 

(B) such applicant has complied with the assurances 

provided to the Assistant Secretary with the application 

for such previous grant. 

(5) develop plans, conduct and arrange for research in the 

field of aging, and assist in the establishment and implementation of programs designed to meet the health and economic 

needs of older individuals for supportive services, including nutrition, hospitalization, education and training services (including preretirement training, and continuing education), cultural 

experiences, activities, and services, including in the arts, lowcost transportation and housing, assistive technology, and 

health (including mental and behavioral health) services; 

(6) provide technical assistance and consultation to States 

and political subdivisions thereof with respect to programs for 

the aged and aging; 

(7) prepare, publish, and disseminate educational materials dealing with the health and economic welfare of older individuals; 

(8) gather statistics in the field of aging which other Federal agencies are not collecting, and take whatever action is 

necessary to achieve coordination of activities carried out or assisted by all departments, agencies, and instrumentalities of 

the Federal Government with respect to the collection, preparation, and dissemination of information relevant to older individuals; 

(9) develop basic policies and set priorities with respect to 

the development and operation of programs and activities conducted under authority of this Act; 

(10) coordinate Federal programs and activities related to 

such purposes; 

(11) coordinate, and assist in, the planning and development by public (including Federal, State, and local agencies) 


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19 Sec. 202 OLDER AMERICANS ACT OF 1965 

and private organizations or programs for older individuals 

with a view to the establishment of a nationwide network of 

comprehensive, coordinated services and opportunities for such 

individuals; 

(12)(A) consult and coordinate activities with the Administrator of the Centers for Medicare & Medicaid Services and the 

heads of other Federal entities to implement and build awareness of programs providing benefits affecting older individuals; 

and 

(B) carry on a continuing evaluation of the programs and 

activities related to the objectives of this Act, with particular 

attention to the impact of the programs and activities carried 

out under— 

(i) titles XVIII and XIX of the Social Security Act (42 

U.S.C. 1395 et seq., 1396 et seq.); 

(ii) the Age Discrimination in Employment Act of 1967 

(29 U.S.C. 621 et seq.); and 

(iii) the National Housing Act (12 U.S.C. 1701 et seq.) 

relating to housing for older individuals and the setting of 

standards for the licensing of nursing homes, intermediate 

care homes, and other facilities providing care for such individuals; 

(13) provide information and assistance to private organizations for the establishment and operation by them of programs and activities related to the objectives of this Act; 

(14) develop, in coordination with other agencies (including 

the Health Resources and Services Administration), a national 

plan for meeting the needs for trained personnel in the field 

of aging, and for training persons for carrying out programs related to the objectives of this Act, and conduct and provide for 

the conducting of such training; 

(15) consult with national organizations representing minority individuals to develop and disseminate training packages and to provide technical assistance efforts designed to assist State and area agencies on aging, and service providers, in 

providing services to older individuals with greatest economic 

need or individuals with greatest social need, with particular 

attention to and specific objectives for providing services to 

low-income minority individuals and older individuals residing 

in rural areas; 

(16) collect for each fiscal year, for fiscal years beginning 

after September 30, 1988, directly or by contract, statistical 

data regarding programs and activities carried out with funds 

provided under this Act, including— 

(A) with respect to each type of service or activity provided with such funds— 

(i) the aggregate amount of such funds expended 

to provide such service or activity; 

(ii) the number of individuals who received such 

service or activity; and 

(iii) the number of units of such service or activity 

provided; 

(B) the number of senior centers which received such 

funds; and 


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2Section 801(b)(2)(A)(i) of the Older Americans Act Amendments of 2000 (P.L. 106–501; 114 

Stat. 2292) amends paragraph (19)(C) by striking ‘‘paragraphs (2) and (5)(A) of section 306(a)’’ 

and inserting ‘‘paragraphs (2) and (4)(A) of section 306(a)’’. The amendment could not be executed due to an earlier amendment made by section 201(1)(B) which redesignated paragraph 

(19) as paragraph (16). 

(C) the extent to which each area agency on aging designated under section 305(a) satisfied the requirements of 

paragraphs (2) and (5)(A) of section 306(a) 2; 

(17) obtain from— 

(A) the Department of Agriculture information explaining the requirements for eligibility to receive benefits 

under the Food and Nutrition Act of 2008; and 

(B) the Social Security Administration information explaining the requirements for eligibility to receive supplemental security income benefits under title XVI of the Social Security Act (or assistance under a State plan program under title XVI of that Act); 

and distribute such information, in written form, to State 

agencies, for redistribution to area agencies on aging, to carry 

out outreach activities and application assistance; 

(18)(A) establish and operate the National Ombudsman 

Resource Center (in this paragraph referred to as the ‘‘Center’’), under the administration of the Director of the Office of 

Long-Term Care Ombudsman Programs, that will— 

(i) by grant or contract— 

(I) conduct research; 

(II) provide training, technical assistance, and information to State Long-Term Care Ombudsmen; 

(III) analyze laws, regulations, programs, and 

practices; and 

(IV) provide assistance in recruiting and retaining 

volunteers for State Long-Term Care Ombudsman programs by establishing a national program for recruitment efforts that utilizes the organizations that have 

established a successful record in recruiting and retaining volunteers for ombudsman or other programs; 

relating to Federal, State, and local long-term care ombudsman policies; and 

(ii) assist State Long-Term Care Ombudsmen in the 

implementation of State Long-Term Care Ombudsman programs; and 

(B) make available to the Center not less than the amount 

of resources made available to the Long-Term Care Ombudsman National Resource Center for fiscal year 2000; 

(19) conduct strict monitoring of State compliance with the 

requirements in effect, under this Act to prohibit conflicts of interest and to maintain the integrity and public purpose of services provided and service providers, under this Act in all contractual and commercial relationships; 

(20)(A) encourage, and provide technical assistance to, 

States, area agencies on aging, and service providers to carry 

out outreach and benefits enrollment assistance to inform and 

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eral and State programs providing benefits for which the individuals are eligible, including— 

(i) supplemental security income benefits under title 

XVI of the Social Security Act (42 U.S.C. 1381 et seq.), or 

assistance under a State plan program under such title; 

(ii) medical assistance under title XIX of such Act (42 

U.S.C. 1396 et seq.); 

(iii) benefits under the Food and Nutrition Act of 2008 

(7 U.S.C. 2011 et seq.); or 

(iv) benefits under any other applicable program; and 

(B) at the election of the Assistant Secretary and in cooperation with related Federal agency partners administering 

the Federal programs, make a grant to or enter into a contract 

with a qualified, experienced entity to establish a National 

Center on Senior Benefits Outreach and Enrollment, which 

shall— 

(i) maintain and update web-based decision support 

and enrollment tools, and integrated, person-centered systems, designed to inform older individuals about the full 

range of benefits for which the individuals may be eligible 

under Federal and State programs; 

(ii) utilize cost-effective strategies to find older individuals with greatest economic need and enroll the individuals in the programs; 

(iii) create and support efforts for Aging and Disability 

Resource Centers, and other public and private State and 

community-based organizations, including faith-based organizations and coalitions, to serve as benefits enrollment 

centers for the programs; 

(iv) develop and maintain an information clearinghouse on best practices and cost-effective methods for finding and enrolling older individuals with greatest economic 

need in the programs for which the individuals are eligible; and 

(v) provide, in collaboration with related Federal agency partners administering the Federal programs, training 

and technical assistance on effective outreach, screening, 

enrollment, and follow-up strategies; 

(21) establish information and assistance services as priority services for older individuals, and develop and operate, either directly or through contracts, grants, or cooperative agreements, a National Eldercare Locator Service, providing information and assistance services through a nationwide toll-free 

number to identify community resources for older individuals; 

(22) develop guidelines for area agencies on aging to follow 

in choosing and evaluating providers of legal assistance; 

(23) develop guidelines and a model job description for 

choosing and evaluating legal assistance developers referred to 

in sections 307(a)(13) and 731; 

(24) establish and carry out pension counseling and information programs described in section 215; 

(25) provide technical assistance, training, and other 

means of assistance to State agencies, area agencies on aging, 


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and service providers regarding State and local data collection 

and analysis; 

(26) design and implement, for purposes of compliance 

with paragraph (19), uniform data collection procedures for use 

by State agencies, including— 

(A) uniform definitions and nomenclature; 

(B) standardized data collection procedures; 

(C) a participant identification and description system; 

(D) procedures for collecting information on services 

needed by older individuals (including services that would 

permit such individuals to receive long-term care in home 

and community-based settings), as identified by service 

providers in assisting clients through the provision of the 

supportive services; and 

(E) procedures for the assessment of unmet needs for 

services under this Act; 

(27) improve the delivery of services to older individuals 

living in rural areas through— 

(A) synthesizing results of research on how best to 

meet the service needs of older individuals in rural areas; 

(B) developing a resource guide on best practices for 

States, area agencies on aging, and service providers; and 

(C) providing training and technical assistance to 

States to implement these best practices of service delivery; 

(28) make available to States, area agencies on aging, and 

service providers information and technical assistance to support the provision of evidence-based disease prevention and 

health promotion services, including information and technical 

assistance on delivery of such services in different settings; 

(29) provide information and technical assistance to States, 

area agencies on aging, and service providers, in collaboration 

with relevant Federal agencies, on providing efficient, personcentered transportation services, including across geographic 

boundaries; 

(30) identify model programs and provide information and 

technical assistance to States, area agencies on aging, and 

service providers (including providers operating multipurpose 

senior centers), to support the modernization of multipurpose 

senior centers; 

(31) provide technical assistance to and share best practices with States, area agencies on aging, and Aging and Disability Resource Centers, on how to collaborate and coordinate 

services with health care entities, such as Federally-qualified 

health centers, as defined in section 1905(l)(2)(B) of the Social 

Security Act (42 U.S.C. 1396d(l)(2)(B)), in order to improve 

care coordination for individuals with multiple chronic illnesses; 

(32) provide technical assistance to, and share best practices with, State agencies and area agencies on aging on how 

to collaborate and coordinate activities and develop long-range 

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tions that have responsibility for disaster relief service delivery; 

(33) with input from aging network stakeholders, including 

caregivers, develop objectives, priorities, and a long-term plan 

for supporting State and local efforts involving education about 

prevention of, detection of, and response to negative health effects associated with social isolation among older individuals, 

and submit a report to Congress on this effort by January 

2021; and 

(34) provide (to the extent practicable) a standardized notification to State agencies, area agencies on aging, providers of 

services under this Act, and grantees or contract awardees 

under this Act, through an electronic format (e-mail or other 

electronic notification), of the availability of, or updates to, 

policies, practices, and procedures under this Act. 

(b) To promote the development and implementation of comprehensive, coordinated systems at Federal, State, and local levels 

that enable older individuals to receive long-term care in home and 

community-based settings, in a manner responsive to the needs 

and preferences of older individuals and their family caregivers, 

the Assistant Secretary shall, consistent with the applicable provisions of this title— 

(1) collaborate, coordinate, and consult with other Federal 

entities responsible for formulating and implementing programs, benefits, and services related to providing long-term 

care, and may make grants, contracts, and cooperative agreements with funds received from other Federal entities; 

(2) conduct research and demonstration projects to identify 

innovative, cost-effective strategies for modifying State systems 

of long-term care to— 

(A) respond to the needs and preferences of older individuals and family caregivers; and 

(B) target services to individuals at risk for institutional placement, to permit such individuals to remain in 

home and community-based settings; 

(3) establish criteria for and promote the implementation 

(through area agencies on aging, service providers, and such 

other entities as the Assistant Secretary determines to be appropriate) of evidence-based programs to assist older individuals and their family caregivers in learning about and making 

behavioral changes intended to reduce the risk of injury, disease, and disability among older individuals; 

(4) facilitate, in coordination with the Administrator of the 

Centers for Medicare & Medicaid Services, and other heads of 

Federal entities as appropriate, the provision of long-term care 

in home and community-based settings, including the provision 

of such care through self-directed care models that— 

(A) provide for the assessment of the needs and preferences of an individual at risk for institutional placement 

to help such individual avoid unnecessary institutional 

placement and depletion of income and assets to qualify 

for benefits under the Medicaid program under title XIX of 

the Social Security Act (42 U.S.C. 1396 et seq.); 


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(B) respond to the needs and preferences of such individual and provide the option— 

(i) for the individual to direct and control the receipt of supportive services provided; or 

(ii) as appropriate, for a person who was appointed by the individual, or is legally acting on the 

individual’s behalf, in order to represent or advise the 

individual in financial or service coordination matters 

(referred to in this paragraph as a ‘‘representative’’ of 

the individual), to direct and control the receipt of 

those services; and 

(C) assist an older individual (or, as appropriate, a 

representative of the individual) to develop a plan for longterm support, including selecting, budgeting for, and purchasing home and community-based long-term care and 

supportive services; 

(5) provide for the Administration to play a lead role with 

respect to issues concerning home and community-based longterm care, including— 

(A) directing (as the Secretary or the President determines to be appropriate) or otherwise participating in departmental and interdepartmental activities concerning 

long-term care; 

(B) reviewing and commenting on departmental rules, 

regulations, and policies related to providing long-term 

care; 

(C) making recommendations to the Secretary with respect to home and community-based long-term care, including recommendations based on findings made through 

projects conducted under paragraph (2); and 

(D) when feasible, developing, in consultation with 

States and national organizations, a consumer-friendly tool 

to assist older individuals and their families in choosing 

home and community-based services, with a particular 

focus on ways for consumers to assess how providers protect the health, safety, welfare, and rights, including the 

rights provided under section 314, of older individuals; 

(6) promote, in coordination with other appropriate Federal agencies— 

(A) enhanced awareness by the public of the importance of planning in advance for long-term care; and 

(B) the availability of information and resources to assist in such planning; 

(7) ensure access to, and the dissemination of, information 

about all long-term care options and service providers, including the availability of integrated long-term care; 

(8) implement in all States Aging and Disability Resource 

Centers— 

(A) to serve as visible and trusted sources of information on the full range of long-term care options, including 

both institutional and home and community-based care, 

which are available in the community; 

(B) to provide personalized and consumer-friendly assistance to empower individuals to identify and articulate 


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goals of care and to make informed decisions about their 

care options; 

(C) to provide coordinated and streamlined access to 

all publicly supported long-term care options so that consumers can obtain the care they need through a single intake, assessment, and eligibility determination process; 

(D) to help individuals to respond to or plan ahead for 

their long-term care needs; 

(E) to assist (in coordination with the entities carrying 

out the health insurance information, counseling, and assistance program (receiving funding under section 4360 of 

the Omnibus Budget Reconciliation Act of 1990 (42 U.S.C. 

1395b–4)) in the States) beneficiaries, and prospective 

beneficiaries, under the Medicare program established 

under title XVIII of the Social Security Act (42 U.S.C. 1395 

et seq.) in understanding and accessing prescription drug 

and preventative health benefits under the provisions of, 

and amendments made by, the Medicare Prescription 

Drug, Improvement, and Modernization Act of 2003; and 

(F) to provide information and referrals regarding 

available home and community-based services for individuals who are at risk for residing in, or who reside in, institutional settings, so that the individuals have the choice to 

remain in or to return to the community; 

(9) establish, either directly or through grants or contracts, 

national technical assistance programs to assist State agencies, 

area agencies on aging, and community-based service providers 

funded under this Act in implementing— 

(A) home and community-based long-term care systems, including evidence-based programs; 

(B) evidence-based disease prevention and health promotion services programs, including delivery of such services in different settings; and 

(C) activities for increasing business acumen, capacity 

building, organizational development, innovation, and 

other methods of growing and sustaining the capacity of 

the aging network to serve older individuals and caregivers most effectively; 

(10) develop, in collaboration with the Administrator of the 

Centers for Medicare & Medicaid Services, performance standards and measures for use by States to determine the extent 

to which their State systems of long-term care fulfill the objectives described in this subsection; and 

(11) conduct such other activities as the Assistant Secretary determines to be appropriate. 

(c) The Assistant Secretary, in consultation with the Chief Executive Officer of the Corporation for National and Community 

Service, shall— 

(1) encourage and permit volunteer groups (including organizations carrying out national service programs and including 

organizations of youth in secondary or postsecondary school) 

that are active in supportive services and civic engagement to 

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tive groups in supportive service and civic engagement programs or activities to the maximum extent feasible; 

(2) develop a comprehensive strategy for utilizing older individuals to address critical local needs of national concern, including the engagement of older individuals in the activities of 

public and nonprofit organizations such as community-based 

organizations, including faith-based organizations; and 

(3) encourage other community capacity-building initiatives involving older individuals, with particular attention to 

initiatives that demonstrate effectiveness and cost savings in 

meeting critical needs. 

(d)(1) The Assistant Secretary shall establish and operate the 

National Center on Elder Abuse (in this subsection referred to as 

the ‘‘Center’’). 

(2) In operating the Center, the Assistant Secretary shall— 

(A) annually compile, publish, and disseminate a summary 

of recently conducted research on elder abuse, neglect, and exploitation; 

(B) develop and maintain an information clearinghouse on 

all programs (including private programs) showing promise of 

success, for the prevention, identification, and treatment of 

elder abuse, neglect, and exploitation; 

(C) compile, publish, and disseminate training materials 

for personnel who are engaged or intend to engage in the prevention, identification, and treatment of elder abuse, neglect, 

and exploitation; 

(D) provide technical assistance to State agencies and to 

other public and nonprofit private agencies and organizations 

to assist the agencies and organizations in planning, improving, developing, and carrying out programs and activities relating to the special problems of elder abuse, neglect, and exploitation; and 

(E) conduct research and demonstration projects regarding 

the causes, prevention, identification, and treatment of elder 

abuse, neglect, and exploitation. 

(3)(A) The Assistant Secretary shall carry out paragraph (2) 

through grants or contracts. 

(B) The Assistant Secretary shall issue criteria applicable to 

the recipients of funds under this subsection. To be eligible to receive a grant or enter into a contract under subparagraph (A), an 

entity shall submit an application to the Assistant Secretary at 

such time, in such manner, and containing such information as the 

Assistant Secretary may require. 

(C) The Assistant Secretary shall— 

(i) establish research priorities for making grants or contracts to carry out paragraph (2)(E); and 

(ii) not later than 60 days before the date on which the Assistant Secretary establishes such priorities, publish in the 

Federal Register for public comment a statement of such proposed priorities. 

(4) The Assistant Secretary shall make available to the Center 

such resources as are necessary for the Center to carry out effectively the functions of the Center under this Act and not less than 


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the amount of resources made available to the Resource Center on 

Elder Abuse for fiscal year 2000. 

(e)(1)(A) The Assistant Secretary shall make grants or enter 

into contracts with eligible entities to establish the National Aging 

Information Center (in this subsection referred to as the ‘‘Center’’) 

to— 

(i) provide information about grants and projects under 

title IV; 

(ii) annually compile, analyze, publish, and disseminate— 

(I) statistical data collected under subsection (a)(19); 

(II) census data on aging demographics; and 

(III) data from other Federal agencies on the health, 

social, and economic status of older individuals and on the 

services provided to older individuals; 

(iii) biennially compile, analyze, publish, and disseminate 

statistical data collected on the functions, staffing patterns, 

and funding sources of State agencies and area agencies on 

aging; 

(iv) analyze the information collected under section 

201(c)(3)(F) by the Director of the Office for American Indian, 

Alaskan Native, and Native Hawaiian Aging; 

(v) provide technical assistance, training, and other means 

of assistance to State agencies, area agencies on aging, and 

service providers, regarding State and local data collection and 

analysis; and 

(vi) be a national resource on statistical data regarding 

aging. 

(B) To be eligible to receive a grant or enter into a contract 

under subparagraph (A), an entity shall submit an application to 

the Assistant Secretary at such time, in such manner, and containing such information as the Assistant Secretary may require. 

(C) Entities eligible to receive a grant or enter into a contract 

under subparagraph (A) shall be organizations with a demonstrated record of experience in education and information dissemination. 

(2)(A) The Assistant Secretary shall establish procedures specifying the length of time that the Center shall provide the information described in paragraph (1) with respect to a particular project 

or activity. The procedures shall require the Center to maintain the 

information beyond the term of the grant awarded, or contract entered into, to carry out the project or activity. 

(B) The Assistant Secretary shall establish the procedures described in subparagraph (A) after consultation with— 

(i) practitioners in the field of aging; 

(ii) older individuals; 

(iii) representatives of institutions of higher education; 

(iv) national aging organizations; 

(v) State agencies; 

(vi) area agencies on aging; 

(vii) legal assistance providers; 

(viii) service providers; and 

(ix) other persons with an interest in the field of aging. 

(f)(1) The Assistant Secretary, in accordance with the process 

described in paragraph (2), and in collaboration with a representaVerDate Mar 15 2010 19:37 Apr 10, 2020 Jkt 000000 PO 00000 Frm 00027 Fmt 9001 Sfmt 9001 G:\COMP\EDVI\OAAO1.BEL HOLC

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tive group of State agencies, tribal organizations, area agencies on 

aging, and providers of services involved in the performance outcome measures shall develop and publish by December 31, 2001, a 

set of performance outcome measures for planning, managing, and 

evaluating activities performed and services provided under this 

Act. To the maximum extent possible, the Assistant Secretary shall 

use data currently collected (as of the date of development of the 

measures) by State agencies, area agencies on aging, and service 

providers through the National Aging Program Information System 

and other applicable sources of information in developing such 

measures. 

(2) The process for developing the performance outcome measures described in paragraph (1) shall include— 

(A) a review of such measures currently in use by State 

agencies and area agencies on aging (as of the date of the review); 

(B) development of a proposed set of such measures that 

provides information about the major activities performed and 

services provided under this Act; 

(C) pilot testing of the proposed set of such measures, including an identification of resource, infrastructure, and data 

collection issues at the State and local levels; and 

(D) evaluation of the pilot test and recommendations for 

modification of the proposed set of such measures. 

(g) The Assistant Secretary shall, as appropriate, ensure that 

programs authorized under this Act include appropriate training in 

the prevention of abuse, neglect, and exploitation and provision of 

services that address elder justice and the exploitation of older individuals. 

(h) The Assistant Secretary shall publish, on an annual basis, 

a list of centers and demonstration projects funded under each title 

of this Act. The Assistant Secretary shall ensure that this information is also directly provided to State agencies and area agencies 

on aging. 

(i) The Assistant Secretary shall carry out the RAISE Family 

Caregivers Act (42 U.S.C. 3030s note). 

FEDERAL AGENCY CONSULTATION

SEC. 203. (a)(1) The Assistant Secretary, in carrying out the 

objectives and provisions of this Act, shall coordinate, advise, consult with, and cooperate with the head of each department, agency, 

or instrumentality of the Federal Government proposing or administering programs or services substantially related to the objectives 

of this Act, with respect to such programs or services. In particular, 

the Assistant Secretary shall coordinate, advise, consult, and cooperate with the Secretary of Labor in carrying out title V and with 

the Corporation for National and Community Service in carrying 

out this Act. 

(2) The head of each department, agency, or instrumentality of 

the Federal Government proposing to establish programs and services substantially related to the objectives of this Act shall consult 

with the Assistant Secretary prior to the establishment of such programs and services. To achieve appropriate coordination, the head 


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of each department, agency, or instrumentality of the Federal Government administering any program substantially related to the 

objectives of this Act, particularly administering any program referred to in subsection (b), shall consult and cooperate with the Assistant Secretary in carrying out such program. In particular, the 

Secretary of Labor shall consult and cooperate with the Assistant 

Secretary in carrying out title I of the Workforce Innovation and 

Opportunity Act. 

(3) The head of each department, agency, or instrumentality of 

the Federal Government administering programs and services substantially related to the objectives of this Act shall collaborate with 

the Assistant Secretary in carrying out this Act, and shall develop 

a written analysis, for review and comment by the Assistant Secretary, of the impact of such programs and services on— 

(A) older individuals (with particular attention to low-income older individuals, including low-income minority older individuals, older individuals with limited English proficiency, 

and older individuals residing in rural areas) and eligible individuals (as defined in section 518); and 

(B) the functions and responsibilities of State agencies and 

area agencies on aging. 

(b) For the purposes of subsection (a), programs related to the 

objectives of this Act shall include— 

(1) title I of the Workforce Innovation and Opportunity 

Act, 

(2) title II of the Domestic Volunteer Service Act of 1973, 

(3) titles XVI, XVIII, XIX, and XX of the Social Security 

Act, 

(4) sections 231 and 232 of the National Housing Act, 

(5) the United States Housing Act of 1937, 

(6) section 202 of the Housing Act of 1959, 

(7) title I of the Housing and Community Development Act 

of 1974, 

(8) title I of the Higher Education Act of 1965 and the 

Adult Education and Family Literacy Act, 

(9) sections 3, 9, and 16 of the Urban Mass Transportation 

Act of 1964, 

(10) the Public Health Service Act, including block grants 

under title XIX of such Act, 

(11) the Low-Income Home Energy Assistance Act of 1981, 

(12) part A of the Energy Conservation in Existing Buildings Act of 1976, relating to weatherization assistance for low 

income persons, 

(13) the Community Services Block Grant Act, 

(14) demographic statistics and analysis programs conducted by the Bureau of the Census under title 13, United 

States Code, 

(15) parts II and III of title 38, United States Code, 

(16) the Rehabilitation Act of 1973, 

(17) the Developmental Disabilities Assistance and Bill of 

Rights Act of 2000, 

(18) the Edward Byrne Memorial State and Local Law Enforcement Assistance Programs, established under part E of 


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title I of the Omnibus Crime Control and Safe Streets Act of 

1968 (42 U.S.C. 3750–3766b)), 

(19) sections 4 and 5 of the Assistive Technology Act of 

1998 (29 U.S.C. 3003, 3004), and 

(20) section 393D of the Public Health Service Act (42 

U.S.C. 280b–1f), relating to safety of seniors. 

(c)(1) The Secretary, in collaboration with other Federal officials specified in paragraph (2), shall establish an Interagency Coordinating Committee on Healthy Aging and Age-Friendly Communities (referred to in this subsection as the ‘‘Committee’’) focusing 

on the coordination of agencies with respect to aging issues and the 

development of a national set of recommendations, in accordance 

with paragraph (6), to support the ability of older individuals to 

age in place and access homelessness prevention services, preventive health care, promote age-friendly communities, and address 

the ability of older individuals to access long-term care supports, 

including access to caregivers and home- and community-based 

health services. 

(2) The officials referred to in paragraph (1) shall include the 

Secretary of Labor and the Secretary of Housing and Urban Development, and may include, at the direction of the President, the Attorney General, the Secretary of Transportation, the Secretary of 

the Treasury, the Secretary of Agriculture, the Secretary of Homeland Security, the Commissioner of Social Security, and such other 

Federal officials as the President may direct. An official described 

in this paragraph may appoint a designee to carry out the official’s 

duties under paragraph (1). 

(3) The Secretary of Health and Human Services shall serve as 

the first chairperson of the Committee, for 1 term, and the Secretary of Housing and Urban Development shall serve as the chairperson for the following term. After that following term, the Committee shall select a chairperson from among the members of the 

Committee, and any member may serve as the chairperson. No 

member may serve as the chairperson for more than 1 consecutive 

term. 

(4) For purposes of this subsection, a term shall be a period of 

2 calendar years. The first term, after the date of enactment of the 

Supporting Older Americans Act of 2020, shall start not later than 

1 year after such date of enactment. 

(5) The Committee shall meet not less often than once each 

year. 

(6) The recommendations described in paragraph (1) may include recommendations for— 

(A) ways to improve coordination among Federal agencies 

with responsibility for programs and services that impact older 

individuals; 

(B) best practices and evidence-based program and service 

models to assist older individuals in meeting their housing, 

health care, and other supportive service needs, including— 

(i) consumer-directed care models for home and community-based care and supportive services that link housing, health care, and other supportive services and that facilitate aging in place, enabling older individuals to remain 

in their homes and communities as the individuals age; 


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(ii) innovations in technology applications (including 

assistive technology devices and assistive technology services) that give older individuals access to information on 

available services or that help in providing services to 

older individuals; and 

(iii) best practices identified in coordination with the 

Centers for Disease Control and Prevention, the National 

Institute on Aging, the Centers for Medicare & Medicaid 

Services, the Office of Lead Hazard Control and Healthy 

Homes of the Department of Housing and Urban Development, and other Federal agencies, as appropriate, to reduce and prevent falls among older individuals, that incorporate evidence-based falls prevention programs and home 

modifications, which recommendations shall supplement 

and not unnecessarily duplicate activities authorized 

under section 393D of the Public Health Service Act (42 

U.S.C. 280b–1f), relating to safety of seniors; 

(C) ways to collect and disseminate information about the 

programs and services available to older individuals to ensure 

that such information is accessible; 

(D) ways to ensure the continued collection of data relating 

to the housing, health care, and other supportive service needs 

of older individuals and to support efforts to identify and address unmet data needs; 

(E) actively seeking input from and consulting with nonprofit organizations, academic or research institutions, community-based organizations, philanthropic organizations, or other 

entities supporting age-friendly communities about the activities described in subparagraphs (A) through (F); 

(F) identifying any barriers and impediments, including 

barriers and impediments in statutory and regulatory law, to 

the access and use by older individuals of federally funded programs and services; and 

(G) ways to improve coordination to provide housing, 

health care, and other supportive services to older individuals. 

(7) Not later than 90 days following the end of each term, the 

Committee shall prepare and submit to the Committee on Financial Services of the House of Representatives, the Committee on 

Education and Labor of the House of Representatives, the Committee on Energy and Commerce of the House of Representatives, 

the Committee on Ways and Means of the House of Representatives, the Committee on Banking, Housing, and Urban Affairs of 

the Senate, the Committee on Health, Education, Labor, and Pensions of the Senate, and the Special Committee on Aging of the 

Senate, a report that— 

(A) describes the activities and accomplishments of the 

Committee in— 

(i) enhancing the overall coordination of federally 

funded programs and services that impact older individuals; and 

(ii) meeting the requirements of paragraph (6); 

(B) incorporates an analysis from the head of each agency 

that is a member of the interagency coordinating committee established under paragraph (1) that describes the barriers and 


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impediments, including barriers and impediments in statutory 

and regulatory law (as the chairperson of the Committee determines to be appropriate), to the access and use by older individuals of programs and services administered by such agency; 

and 

(C) makes such recommendations as the chairman determines to be appropriate for actions to meet the needs described 

in paragraph (6) and for coordinating programs and services 

designed to meet those needs. 

(8) On the request of the Committee, any Federal Government 

employee may be detailed to the Committee without reimbursement, and such detail shall be without interruption or loss of civil 

service status or privilege. 

(9) In this subsection, the term ‘‘age-friendly community’’ 

means a community that— 

(A) is taking measurable steps to— 

(i) include adequate and accessible housing, public 

spaces and buildings, safe and secure paths, variable route 

transportation services, and programs and services designed to support health and well-being; 

(ii) respect and include older individuals in social opportunities, civic participation, volunteerism, and employment; and 

(iii) facilitate access to supportive services for older individuals; 

(B) is not an assisted living facility or long-term care facility; and 

(C) has a plan in place to meet local needs for housing, 

transportation, civic participation, social connectedness, and 

accessible public spaces. 

SEC. 203A. CONSULTATION WITH STATE AGENCIES, AREA AGENCIES 

ON AGING, AND NATIVE AMERICAN GRANT RECIPIENTS. 

The Assistant Secretary shall consult and coordinate with 

State agencies, area agencies on aging, and recipients of grants 

under title VI in the development of Federal goals, regulations, program instructions, and policies under this Act. 

ø42 U.S.C. 3013a¿ 

SEC. 204. GIFTS AND DONATIONS. 

(a) GIFTS AND DONATIONS.—The Assistant Secretary may accept, use, and dispose of, on behalf of the United States, gifts or 

donations (in cash or in kind, including voluntary and uncompensated services or property), which shall be available until expended 

for the purposes specified in subsection (b). Gifts of cash and proceeds of the sale of property shall be available in addition to 

amounts appropriated to carry out this Act. 

(b) USE OF GIFTS AND DONATIONS.—Gifts and donations accepted pursuant to subsection (a) may be used either directly, or for 

grants to or contracts with public or nonprofit private entities, for 

the following activities: 

(1) The design and implementation of demonstrations of 

innovative ideas and best practices in programs and services 

for older individuals. 


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(2) The planning and conduct of conferences for the purpose of exchanging information, among concerned individuals 

and public and private entities and organizations, relating to 

programs and services provided under this Act and other programs and services for older individuals. 

(3) The development, publication, and dissemination of informational materials (in print, visual, electronic, or other 

media) relating to the programs and services provided under 

this Act and other matters of concern to older individuals. 

(c) ETHICS GUIDELINES.—The Assistant Secretary shall establish written guidelines setting forth the criteria to be used in determining whether a gift or donation should be declined under this 

section because the acceptance of the gift or donation would— 

(1) reflect unfavorably upon the ability of the Administration, the Department of Health and Human Services, or any 

employee of the Administration or Department, to carry out responsibilities or official duties under this Act in a fair and objective manner; or 

(2) compromise the integrity or the appearance of integrity 

of programs or services provided under this Act or of any official involved in those programs or services. 

ø42 U.S.C. 3015¿ 

ADMINISTRATION OF THE ACT

SEC. 205. (a)(1) In carrying out the objectives of this Act, the 

Assistant Secretary is authorized to— 

(A) provide consultative services and technical assistance 

to public or nonprofit private agencies and organizations; 

(B) provide short-term training and technical instruction; 

(C) conduct research and demonstrations; and 

(D) collect, prepare, publish, and disseminate special educational or informational materials, including reports of the 

projects for which funds are provided under this Act. 

(2)(A) The Assistant Secretary shall designate an officer or employee who shall serve on a full-time basis and who shall be responsible for the administration of the nutrition services described 

in subparts 1 and 2 of part C of title III and shall have duties that 

include— 

(i) designing, implementing, and evaluating evidence-based 

programs to support improved nutrition and regular physical 

activity for older individuals; 

(ii) developing guidelines for nutrition providers concerning safety, sanitary handling of food, equipment, preparation, and food storage; 

(iii) conducting outreach and disseminating evidence-based 

information to nutrition service providers about the benefits of 

healthful diets and regular physical activity, including information about the most current Dietary Guidelines for Americans published under section 301 of the National Nutrition 

Monitoring and Related Research Act of 1990 (7 U.S.C. 5341), 

the Food Guidance System of the Department of Agriculture, 

and advances in nutrition science; 


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(iv) promoting coordination between nutrition service providers and community-based organizations serving older individuals; 

(v) developing guidelines on cost containment; 

(vi) defining a long range role for the nutrition services in 

community-based care systems; 

(vii) developing model menus and other appropriate materials for serving special needs populations and meeting cultural 

meal preferences; 

(viii) disseminating guidance that describes strategies for 

improving the nutritional quality of meals provided under title 

III, including strategies for increasing the consumption of 

whole grains, lowfat dairy products, fruits, and vegetables; 

(ix) developing and disseminating guidelines for conducting 

nutrient analyses of meals provided under subparts 1 and 2 of 

part C of title III, including guidelines for averaging key nutrients over an appropriate period of time; and 

(x) providing technical assistance to the regional offices of 

the Administration with respect to each duty described in 

clauses (i) through (ix). 

(B) The regional offices of the Administration shall be responsible for disseminating, and providing technical assistance regarding, the guidelines and information described in clauses (ii), (iii), 

and (v) of subparagraph (A) to State agencies, area agencies on 

aging, and persons that provide nutrition services under part C of 

title III. 

(C) The Assistant Secretary may provide technical assistance, 

including through the regional offices of the Administration, to 

State agencies, area agencies on aging, local government agencies, 

or leaders in age-friendly communities (as defined, for purposes of 

this subparagraph, in section 203(c)(9)) regarding— 

(i) dissemination of, or consideration of ways to implement, 

best practices and recommendations from the Interagency Coordinating Committee on Healthy Aging and Age-Friendly 

Communities established under section 203(c); and 

(ii) methods for managing and coordinating existing programs to meet the needs of growing age-friendly communities. 

(D) The officer or employee designated under subparagraph (A) 

shall— 

(i) have expertise in nutrition, energy balance, and meal 

planning; and 

(ii) be a registered dietitian or registered dietitian nutritionist. 

(b) In administering the functions of the Administration under 

this Act, the Assistant Secretary may utilize the services and facilities of any agency of the Federal Government and of any other public or nonprofit agency or organization, in accordance with agreements between the Assistant Secretary and the head thereof, and 

is authorized to pay therefor, in advance or by way of reimbursement, as may be provided in the agreement. 

ø42 U.S.C. 3016¿ 


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EVALUATION

SEC. 206. (a) The Secretary shall measure and evaluate the impact of all programs authorized by this Act, their effectiveness in 

achieving stated goals in general, and in relation to their cost, their 

impact on related programs, their effectiveness in targeting for 

services under this Act unserved older individuals with greatest 

economic need (including low-income minority individuals and 

older individuals residing in rural areas) and unserved older individuals with greatest social need (including low-income minority individuals and older individuals residing in rural areas), and their 

structure and mechanisms for delivery of services, including, where 

appropriate, comparisons with appropriate control groups composed 

of persons who have not participated in such programs. Evaluations shall be conducted by persons not immediately involved in the 

administration of the program or project evaluated. 

(b) Not later than July 1, 2020, the Secretary shall provide, directly or through grant or contract, for an evaluation of programs 

under this Act, which shall include, to the extent practicable, an 

analysis of the relationship of such programs, including demonstration projects under title IV of this Act, to health care expenditures 

under the Medicare program established under title XVIII of the 

Social Security Act (42 U.S.C. 1395 et seq.) and the Medicaid program established under title XIX of the Social Security Act (42 

U.S.C. 1396 et seq.). The Secretary shall oversee analyses of data 

obtained in connection with program evaluation to evaluate, where 

feasible, the relationship of programs under this Act to health care 

expenditures, including under the Medicare and Medicaid programs. 

(c) The Secretary may not make grants or contracts under title 

IV of this Act until the Secretary develops and publishes general 

standards to be used by the Secretary in evaluating the programs 

and projects assisted under such title. Results of evaluations conducted pursuant to such standards shall be included in the reports 

required by section 207. 

(d) In carrying out evaluations under this section, the Secretary shall, whenever possible, arrange to obtain the opinions of 

program and project participants about the strengths and weaknesses of the programs and projects, and conduct, where appropriate, evaluations which compare the effectiveness of related programs in achieving common objectives. In carrying out such evaluations, the Secretary shall consult with organizations concerned 

with older individuals, including those representing minority individuals, older individuals residing in rural areas and older individuals with disabilities. 

(e) The Secretary shall annually publish summaries and analyses of the results of evaluative research and evaluation of program 

and project impact and effectiveness, including, as appropriate, 

health and nutrition education demonstration projects conducted 

under section 307(f) the full contents of which shall be transmitted 

to Congress, be disseminated to Federal, State, and local agencies 

and private organizations with an interest in aging, and be accessible to the public. 


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(f) The Secretary shall take the necessary action to assure that 

all studies, evaluations, proposals, and data produced or developed 

with Federal funds shall become the property of the United States. 

(g) Such information as the Secretary may deem necessary for 

purposes of the evaluations conducted under this section shall be 

made available to him, upon request, by the departments and agencies of the executive branch. 

(h) From the total amount appropriated for each fiscal year to 

carry out title III, the Secretary may use such sums as may be necessary, but not to exceed 1⁄2 of 1 percent of such amount, for purposes of conducting evaluations under this section, either directly 

or through grants or contracts. No part of such sums may be reprogrammed, transferred, or used for any other purpose. Funds expended under this subsection shall be justified and accounted for 

by the Secretary. 

ø42 U.S.C. 3017¿ 

REPORTS

SEC. 207. (a) Not later than one hundred and twenty days after 

the close of each fiscal year, the Assistant Secretary shall prepare 

and submit to the President and to the Congress a full and complete report on the activities carried out under this Act. Such annual reports shall include— 

(1) statistical data reflecting services and activities provided to individuals during the preceding fiscal year; 

(2) statistical data collected under section 202(a)(16); 

(3) statistical data and an analysis of information regarding the effectiveness of the State agency and area agencies on 

aging in targeting services to older individuals with greatest 

economic need and older individuals with greatest social need, 

with particular attention to low-income minority individuals, 

older individuals residing in rural areas, low-income individuals, and frail individuals (including individuals with any 

physical or mental functional impairment); and 

(4) a description of the implementation of the plan required by section 202(a)(14). 

(b)(1) Not later than March 1 of each year, the Assistant Secretary shall compile a report— 

(A) summarizing and analyzing the data collected under titles III and VII in accordance with section 712(c) for the then 

most recently concluded fiscal year; 

(B) identifying significant problems and issues revealed by 

such data (with special emphasis on problems relating to quality of care and residents’ rights); 

(C) discussing current issues concerning the long-term care 

ombudsman programs of the States; and 

(D) making recommendations regarding legislation and administrative actions to resolve such problems. 

(2) The Assistant Secretary shall submit the report required by 

paragraph (1) to— 

(A) the Special Committee on Aging of the Senate; 

(B) the Committee on Education and the Workforce of the 

House of Representatives; and 


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(C) the Committee on Health, Education, Labor, and Pensions of the Senate. 

(3) The Assistant Secretary shall provide the report required 

by paragraph (1), and make the State reports required under titles 

III and VII in accordance with section 712(h)(1) available, to— 

(A) Administrator of the Centers for Medicare & Medicaid 

Services; 

(B) the Office of the Inspector General of the Department 

of Health and Human Services; 

(C) the Office of Civil Rights of the Department of Health 

and Human Services; 

(D) the Secretary of Veterans Affairs; and 

(E) each public agency or private organization designated 

as an Office of the State Long-Term Care Ombudsman under 

title III or VII in accordance with section 712(a)(4)(A). 

(c) The Assistant Secretary shall, as part of the annual report 

submitted under subsection (a), prepare and submit a report on the 

outreach activities supported under this Act, together with such 

recommendations as the Assistant Secretary deems appropriate. In 

carrying out this subsection, the Assistant Secretary shall consider— 

(1) the number of older individuals reached through the 

activities; 

(2) the dollar amount of the assistance and benefits received by older individuals as a result of such activities; 

(3) the cost of such activities in terms of the number of individuals reached and the dollar amount described in paragraph (2); 

(4) the effect of such activities on supportive services and 

nutrition services furnished under title III of this Act; and 

(5) the effectiveness of State and local efforts to target 

older individuals with greatest economic need (including lowincome minority individuals and older individuals residing in 

rural areas) and older individuals with greatest social need (including low-income minority individuals and older individuals 

residing in rural areas) to receive services under this Act. 

(d) The Assistant Secretary shall provide the evaluation required under section 206(b) to— 

(1) the Committee on Health, Education, Labor, and Pensions of the Senate; 

(2) the Committee on Appropriations of the Senate; 

(3) the Special Committee on Aging of the Senate; 

(4) the Committee on Education and Labor of the House of 

Representatives; and 

(5) the Committee on Appropriations of the House of Representatives. 

JOINT FUNDING OF PROJECTS

SEC. 208. Pursuant to regulations prescribed by the President 

and to the extent consistent with the other provisions of this Act, 

where funds are provided for a single project by more than one 

Federal agency to any agency or organization assisted under this 

Act, the Federal agency principally involved may be designated to 


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act for all in administering the funds provided. In such cases, a single non-Federal share requirement may be established according to 

the proportion of funds advanced by each Federal agency, and any 

such agency may waive any technical grant or contract requirement (as defined by such regulations) which is inconsistent with 

the similar requirements of the administering agency or which the 

administering agency does not impose. 

ø42 U.S.C. 3019¿ 

ADVANCE FUNDING

SEC. 209. (a) For the purpose of affording adequate notice of 

funding available under this Act, appropriations under this Act are 

authorized to be included in the appropriation Act for the fiscal 

year preceding the fiscal year for which they are available for obligation. 

(b) In order to effect a transition to the advance funding method of timing appropriation action, subsection (a) shall apply notwithstanding that its initial application will result in the enactment in the same year (whether in the same appropriation Act or 

otherwise) of two separate appropriations, one for the then current 

fiscal year and one for the succeeding fiscal year. 

ø42 U.S.C. 3020¿ 

APPLICATION OF OTHER LAWS

SEC. 210. (a) The provisions and requirements of the Act of December 5, 1974 (Public Law 93–510; 88 Stat. 1604) shall not apply 

to the administration of the provisions of this Act or to the administration of any program or activity under this Act. 

(b) No part of the costs of any project under any title of this 

Act may be treated as income or benefits to any eligible individual 

(other than any wage or salary to such individual) for the purpose 

of any other program or provision of Federal or State law. 

ø42 U.S.C. 3020a¿ 

REDUCTION OF PAPERWORK

SEC. 211. In order to reduce unnecessary, duplicative, or disruptive demands for information, the Assistant Secretary, in consultation with State agencies and other appropriate agencies and 

organizations, shall continually review and evaluate all requests by 

the Administration for information under this Act and take such 

action as may be necessary to reduce the paperwork required under 

this Act. The Assistant Secretary shall request only such information as the Assistant Secretary deems essential to carry out the objectives and provisions of this Act and, in gathering such information, shall make use of uniform service definitions to the extent 

that such definitions are available. 

ø42 U.S.C. 3020b¿ 

SEC. 212. CONTRACTING AND GRANT AUTHORITY; PRIVATE PAY RELATIONSHIPS; APPROPRIATE USE OF FUNDS. 

(a) IN GENERAL.—Subject to subsection (b), this Act shall not 

be construed to prevent a recipient of a grant or a contract under 


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this Act (other than title V) from entering into an agreement with 

a profitmaking organization for the recipient to provide services to 

individuals or entities not otherwise receiving services under this 

Act, provided that— 

(1) if funds provided under this Act to such recipient are 

initially used by the recipient to pay part or all of a cost incurred by the recipient in developing and carrying out such 

agreement, such agreement guarantees that the cost is reimbursed to the recipient; 

(2) if such agreement provides for the provision of 1 or 

more services, of the type provided under this Act by or on behalf of such recipient, to an individual or entity seeking to receive such services— 

(A) the individuals and entities may only purchase 

such services at their fair market rate; 

(B) all costs incurred by the recipient in providing 

such services (and not otherwise reimbursed under paragraph (1)), are reimbursed to such recipient; and 

(C) the recipient reports the rates for providing such 

services under such agreement in accordance with subsection (c) and the rates are consistent with the prevailing 

market rate for provision of such services in the relevant 

geographic area as determined by the State agency or area 

agency on aging (as applicable); and 

(3) any amount of payment to the recipient under the 

agreement that exceeds reimbursement under this subsection 

of the recipient’s costs is used to provide, or support the provision of, services under this Act. 

(b) ENSURING APPROPRIATE USE OF FUNDS.—An agreement described in subsection (a) may not— 

(1) be made without the prior approval of the State agency 

(or, in the case of a grantee under title VI, without the prior 

recommendation of the Director of the Office for American Indian, Alaska Native, and Native Hawaiian Aging and the prior 

approval of the Assistant Secretary), after timely submission of 

all relevant documents related to the agreement including information on all costs incurred; 

(2) directly or indirectly provide for, or have the effect of, 

paying, reimbursing, subsidizing, or otherwise compensating 

an individual or entity in an amount that exceeds the fair market value of the services subject to such agreement; 

(3) result in the displacement of services otherwise available to an older individual with greatest social need, an older 

individual with greatest economic need, or an older individual 

who is at risk for institutional placement; or 

(4) in any other way compromise, undermine, or be inconsistent with the objective of serving the needs of older individuals, as determined by the Assistant Secretary. 

(c) MONITORING AND REPORTING.—To ensure that any agreement described in subsection (a) complies with the requirements of 

this section and other applicable provisions of this Act, the Assistant Secretary shall develop and implement uniform monitoring procedures and reporting requirements consistent with the provisions 

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tion with the State agencies and area agencies on aging. The Assistant Secretary shall annually prepare and submit to the chairpersons and ranking members of the appropriate committees of 

Congress a report analyzing all such agreements, and the costs incurred and services provided under the agreements. This report 

shall contain information on the number of the agreements per 

State, summaries of all the agreements, and information on the 

type of organizations participating in the agreements, types of services provided under the agreements, and the net proceeds from, 

and documentation of funds spent and reimbursed, under the 

agreements. 

(d) TIMELY REIMBURSEMENT.—All reimbursements made under 

this section shall be made in a timely manner, according to standards specified by the Assistant Secretary. 

(e) COST.—In this section, the term ‘‘cost’’ means an expense, 

including an administrative expense, incurred by a recipient in developing or carrying out an agreement described in subsection (a), 

whether the recipient contributed funds, staff time, or other plant, 

equipment, or services to meet the expense. 

ø42 U.S.C. 3020c¿ 

SURPLUS PROPERTY ELIGIBILITY

SEC. 213. Any State or local government agency, and any nonprofit organization or institution, which receives funds appropriated for programs for older individuals under this Act, under 

title IV or title XX of the Social Security Act, or under titles VIII 

and X of the Economic Opportunity Act of 1964 and the Community Services Block Grant Act, shall be deemed eligible to receive 

for such programs, property which is declared surplus to the needs 

of the Federal Government in accordance with laws applicable to 

surplus property. 

ø42 U.S.C. 3020d¿ 

SEC. 214. NUTRITION EDUCATION. 

The Assistant Secretary, in consultation with the Secretary of 

Agriculture, shall conduct outreach and provide technical assistance to agencies and organizations that serve older individuals to 

assist such agencies and organizations to carry out integrated 

health promotion and disease prevention programs that— 

(1) are designed for older individuals; and 

(2) include— 

(A) nutrition education; 

(B) physical activity; and 

(C) other activities to modify behavior and to improve 

health literacy, including providing information on optimal 

nutrient intake, through nutrition education and nutrition 

assessment and counseling, in accordance with section 

339(2)(J). 

ø42 U.S.C. 3020e¿ 

SEC. 215. PENSION COUNSELING AND INFORMATION PROGRAMS. 

(a) DEFINITIONS.—In this section: 


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(1) PENSION AND OTHER RETIREMENT BENEFITS.—The term 

‘‘pension and other retirement benefits’’ means private, civil 

service, and other public pensions and retirement benefits, including benefits provided under— 

(A) the Social Security program under title II of the 

Social Security Act (42 U.S.C. 401 et seq.); 

(B) the railroad retirement program under the Railroad Retirement Act of 1974 (45 U.S.C. 231 et seq.); 

(C) the government retirement benefits programs 

under the Civil Service Retirement System set forth in 

chapter 83 of title 5, United States Code, the Federal Employees Retirement System set forth in chapter 84 of title 

5, United States Code, or other Federal retirement systems; or 

(D) employee pension benefit plans as defined in section 3(2) of the Employee Retirement Income Security Act 

of 1974 (29 U.S.C. 1002(2)). 

(2) PENSION COUNSELING AND INFORMATION PROGRAM.— The term ‘‘pension counseling and information program’’ means 

a program described in subsection (b). 

(b) PROGRAM AUTHORIZED.—The Assistant Secretary shall 

award grants to eligible entities to establish and carry out pension 

counseling and information programs that create or continue a sufficient number of pension assistance and counseling programs to 

provide outreach, information, counseling, referral, and other assistance regarding pension and other retirement benefits, and 

rights related to such benefits, to individuals in the United States. 

(c) ELIGIBLE ENTITIES.—The Assistant Secretary shall award 

grants under this section to— 

(1) State agencies or area agencies on aging; and 

(2) nonprofit organizations with a proven record of providing— 

(A) services related to retirement of older individuals; 

(B) services to Native Americans; or 

(C) specific pension counseling. 

(d) CITIZEN ADVISORY PANEL.—The Assistant Secretary shall 

establish a citizen advisory panel to advise the Assistant Secretary 

regarding which entities should receive grant awards under this 

section. Such panel shall include representatives of business, labor, 

national senior advocates, and national pension rights advocates. 

The Assistant Secretary shall consult such panel prior to awarding 

grants under this section. 

(e) APPLICATION.—To be eligible to receive a grant under this 

section, an entity shall submit an application to the Assistant Secretary at such time, in such manner, and containing such information as the Assistant Secretary may require, including— 

(1) a plan to establish a pension counseling and information program that— 

(A) establishes or continues a State or area pension 

counseling and information program; 

(B) serves a specific geographic area; 

(C) provides counseling (including direct counseling 

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mation that may assist individuals in obtaining, or establishing rights to, and filing claims or complaints regarding, 

pension and other retirement benefits; 

(D) provides information on sources of pension and 

other retirement benefits; 

(E) establishes a system to make referrals for legal 

services and other advocacy programs; 

(F) establishes a system of referral to Federal, State, 

and local departments or agencies related to pension and 

other retirement benefits; 

(G) provides a sufficient number of staff positions (including volunteer positions) to ensure information, counseling, referral, and assistance regarding pension and 

other retirement benefits; 

(H) provides training programs for staff members, including volunteer staff members, of pension and other retirement benefits programs; 

(I) makes recommendations to the Administration, the 

Department of Labor and other Federal, State, and local 

agencies concerning issues for older individuals related to 

pension and other retirement benefits; and 

(J) establishes or continues an outreach program to 

provide information, counseling, referral and assistance regarding pension and other retirement benefits, with particular emphasis on outreach to women, minorities, older 

individuals residing in rural areas, low-income retirees, 

and older individuals with limited English proficiency; and 

(2) an assurance that staff members (including volunteer 

staff members) have no conflict of interest in providing the 

services described in the plan described in paragraph (1). 

(f) CRITERIA.—The Assistant Secretary shall consider the following criteria in awarding grants under this section: 

(1) Evidence of a commitment by the entity to carry out a 

proposed pension counseling and information program. 

(2) The ability of the entity to perform effective outreach 

to affected populations, particularly populations with limited 

English proficiency and other populations that are identified as 

in need of special outreach. 

(3) Reliable information that the population to be served 

by the entity has a demonstrable need for the services proposed to be provided under the program. 

(4) The ability of the entity to provide services under the 

program on a statewide or regional basis. 

(g) TRAINING AND TECHNICAL ASSISTANCE PROGRAM.— 

(1) IN GENERAL.—The Assistant Secretary shall award 

grants to eligible entities to establish training and technical assistance programs that shall provide information 

and technical assistance to the staffs of entities operating 

pension counseling and information programs described in 

subsection (b), and general assistance to such entities, including assistance in the design of program evaluation 

tools. 

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vate organizations with a record of providing national information, referral, and advocacy in matters related to 

pension and other retirement benefits. 

(3) APPLICATION.—To be eligible to receive a grant 

under this subsection, an entity shall submit an application to the Assistant Secretary at such time, in such manner, and containing such information as the Assistant Secretary may require. 

(h) PENSION ASSISTANCE HOTLINE AND INTRAGENCY COORDINA- TION.— (1) HOTLINE.—The Assistant Secretary shall enter into 

agreements with other Federal agencies to establish and administer a national telephone hotline that shall provide information regarding pension and other retirement benefits, and 

rights related to such benefits. 

(2) CONTENT.—Such hotline described in paragraph (1) 

shall provide information for individuals (including individuals 

with limited English proficiency) seeking outreach, information, counseling, referral, and assistance regarding pension and 

other retirement benefits, and rights related to such benefits. 

(3) AGREEMENTS.—The Assistant Secretary may enter into 

agreements with the Secretary of Labor and the heads of other 

Federal agencies that regulate the provision of pension and 

other retirement benefits in order to carry out this subsection. 

(i) REPORT TO CONGRESS.—Not later than 30 months after the 

date of the enactment of this section, the Assistant Secretary shall 

submit to the Committee on Education and the Workforce of the 

House of Representatives and the Committee on Health, Education, 

Labor and Pensions of the Senate a report that— 

(1) summarizes the distribution of funds authorized for 

grants under this section and the expenditure of such funds; 

(2) summarizes the scope and content of training and assistance provided under a program carried out under this section and the degree to which the training and assistance can 

be replicated; 

(3) outlines the problems that individuals participating in 

programs funded under this section encountered concerning 

rights related to pension and other retirement benefits; and 

(4) makes recommendations regarding the manner in 

which services provided in programs funded under this section 

can be incorporated into the ongoing programs of State agencies, area agencies on aging, multipurpose senior centers and 

other similar entities. 

(j) ADMINISTRATIVE EXPENSES.—Of the funds appropriated 

under section 216 to carry out this section for a fiscal year, not 

more than $100,000 may be used by the Administration for administrative expenses. 

(k)(1) The Assistant Secretary shall, directly or by grant or 

contract, operate the National Resource Center for Women and Retirement (in this subsection referred to as the ‘‘Center’’). 

(2) The Center shall— 

(A) provide tools, such as basic financial management, retirement planning, and other tools that promote financial literacy and help to identify and prevent exploitation (including 


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fraud), and integrate these with information on health and 

long-term care; 

(B) annually disseminate a summary of outreach activities 

provided, including work to provide user-friendly consumer information and public education materials; 

(C) develop targeted outreach strategies; 

(D) provide technical assistance to State agencies and to 

other public and nonprofit private agencies and organizations; 

and 

(E) develop partnerships and collaborations to address program objectives. 

SEC. 216. AUTHORIZATION OF APPROPRIATIONS. 

(a) IN GENERAL.—For purposes of carrying out this Act, there 

are authorized to be appropriated for administration, salaries, and 

expenses of the Administration $43,937,410 for fiscal year 2020, 

$46,573,655 for fiscal year 2021, $49,368,074 for fiscal year 2022, 

$52,330,158 for fiscal year 2023, and $55,469,968 for fiscal year 

2024. 

(b) ADDITIONAL AUTHORIZATIONS.—There are authorized to be 

appropriated— 

(1) to carry out section 202(a)(21) (relating to the National 

Eldercare Locator Service), $2,180,660 for fiscal year 2020, 

$2,311,500 for fiscal year 2021, $2,450,190 for fiscal year 2022, 

$2,597,201 for fiscal year 2023, and $2,753,033 for fiscal year 

2024; 

(2) to carry out section 215, $1,988,060 for fiscal year 2020, 

$2,107,344 for fiscal year 2021, $2,233,784 for fiscal year 2022, 

$2,367,811 for fiscal year 2023, and $2,509,880 for fiscal year 

2024; 

(3) to carry out section 202 (relating to Elder Rights Support Activities under this title), $1,371,740 for fiscal year 2020, 

$1,454,044 for fiscal year 2021, $1,541,287 for fiscal year 2022, 

$1,633,764 for fiscal year 2023, and $1,731,790 for fiscal year 

2024; and 

(4) to carry out section 202(b) (relating to the Aging and 

Disability Resource Centers), $8,687,330 for fiscal year 2020, 

$9,208,570 for fiscal year 2021, $9,761,084 for fiscal year 2022, 

$10,346,749 for fiscal year 2023, and $10,967,554 for fiscal 

year 2024. 

ø42 U.S.C. 3020f¿ 

TITLE III—GRANTS FOR STATE AND COMMUNITY 

PROGRAMS ON AGING 

PART A—GENERAL PROVISIONS

PURPOSE; ADMINISTRATION

SEC. 301. (a)(1) It is the purpose of this title to encourage and 

assist State agencies and area agencies on aging to concentrate resources in order to develop greater capacity and foster the development and implementation of comprehensive and coordinated systems to serve older individuals by entering into new cooperative arrangements in each State with the persons described in paragraph 


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3Margin so in law. See amendment in section 201(3) of Public Law 116-131. 

(2), for the planning, and for the provision of, supportive services, 

and multipurpose senior centers, in order to— 

(A) secure and maintain maximum independence and dignity in a home environment for older individuals capable of self 

care with appropriate supportive services; 

(B) remove individual and social barriers to economic and 

personal independence for older individuals; 

(C) provide a continuum of care for vulnerable older individuals; 

(D) secure the opportunity for older individuals to receive 

managed in-home and community-based long-term care services; and 

(E) 3 measure impacts related to social determinants of 

health of older individuals. 

(2) The persons referred to in paragraph (1) include— 

(A) State agencies and area agencies on aging; 

(B) other State agencies, including agencies that administer home and community care programs; 

(C) Indian tribes, tribal organizations, and Native Hawaiian organizations; 

(D) the providers, including voluntary organizations or 

other private sector organizations, of supportive services, nutrition services, and multipurpose senior centers; 

(E) organizations representing or employing older individuals or their families; and 

(F) organizations that have experience in providing training, placement, and stipends for volunteers or participants who 

are older individuals (such as organizations carrying out Federal service programs administered by the Corporation for National and Community Service), in community service settings. 

(b)(1) In order to effectively carry out the purpose of this title, 

the Assistant Secretary shall administer programs under this title 

through the Administration. 

(2) In carrying out the provisions of this title, the Assistant 

Secretary may request the technical assistance and cooperation of 

the Department of Education, the Department of Labor, the Department of Housing and Urban Development, the Department of 

Transportation, the Office of Community Services, the Department 

of Veterans Affairs, the Substance Abuse and Mental Health Services Administration, and such other agencies and departments of 

the Federal Government as may be appropriate. 

(c) The Assistant Secretary shall provide technical assistance 

and training (by contract, grant, or otherwise) to State long-term 

care ombudsman programs established under section 307(a)(9) in 

accordance with section 712, and to individuals within such programs designated under section 712 to be representatives of a longterm care ombudsman, in order to enable such ombudsmen and 

such representatives to carry out the ombudsman program effectively. 

(d)(1) Any funds received under an allotment as described in 

section 304(a), or funds contributed toward the non-Federal share 

under section 304(d), shall be used only for activities and services 


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Sec. 302 OLDER AMERICANS ACT OF 1965 46 

to benefit older individuals and other individuals as specifically 

provided for in this title. 

(2) No provision of this title shall be construed as prohibiting 

a State agency or area agency on aging from providing services by 

using funds from sources not described in paragraph (1). 

ø42 U.S.C. 3021¿ 

DEFINITIONS

SEC. 302. For the purpose of this title— 

(1) The term ‘‘comprehensive and coordinated system’’ 

means a system for providing all necessary supportive services, 

including nutrition services, in a manner designed to— 

(A) facilitate accessibility to, and utilization of, all supportive services and nutrition services provided within the 

geographic area served by such system by any public or 

private agency or organization; 

(B) develop and make the most efficient use of supportive services and nutrition services in meeting the 

needs of older individuals; 

(C) use available resources efficiently and with a minimum of duplication; and 

(D) encourage and assist public and private entities 

that have unrealized potential for meeting the service 

needs of older individuals to assist the older individuals on 

a voluntary basis. 

(2) The term ‘‘education and training service’’ means a supportive service designed to assist older individuals to better 

cope with their economic, health, and personal needs through 

services such as consumer education, continuing education, 

health education, preretirement education, financial planning, 

and other education and training services which will advance 

the objectives of this Act. 

(3) The term ‘‘family caregiver’’ means an adult family 

member, or another individual, who is an informal provider of 

in-home and community care to an older individual or to an individual of any age with Alzheimer’s disease or a related disorder with neurological and organic brain dysfunction. 

(4) The term ‘‘unit of general purpose local government’’ 

means— 

(A) a political subdivision of the State whose authority 

is general and not limited to only one function or combination of related functions; or 

(B) an Indian tribal organization. 

ø42 U.S.C. 3022¿ 

AUTHORIZATION OF APPROPRIATIONS; USES OF FUNDS

SEC. 303. 

(a)(1) There are authorized to be appropriated to carry out part 

B (relating to supportive services) $412,029,180 for fiscal year 

2020, $436,750,931 for fiscal year 2021, $462,955,987 for fiscal year 

2022, $490,733,346 for fiscal year 2023, and $520,177,347 for fiscal 

year 2024. 


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(2) Funds appropriated under paragraph (1) shall be available 

to carry out section 712. 

(b)(1) There are authorized to be appropriated to carry out subpart 1 of part C (relating to congregate nutrition services) 

$530,015,940 for fiscal year 2020, $561,816,896 for fiscal year 2021, 

$595,525,910 for fiscal year 2022, $631,257,465 for fiscal year 2023, 

and $669,132,913 for fiscal year 2024. 

(2) There are authorized to be appropriated to carry out subpart 2 of part C (relating to home delivered nutrition services) 

$268,935,940 for fiscal year 2020, $285,072,096 for fiscal year 2021, 

$302,176,422 for fiscal year 2022, $320,307,008 for fiscal year 2023, 

and $339,525,428 for fiscal year 2024. 

(c) Grants made under part B, and subparts 1 and 2 of part 

C, of this title may be used for paying part of the cost of— 

(1) the administration of area plans by area agencies on 

aging designated under section 305(a)(2)(A), including the 

preparation of area plans on aging consistent with section 306 

and the evaluation of activities carried out under such plans; 

and 

(2) the development of comprehensive and coordinated systems for supportive services, and congregate and home delivered nutrition services under subparts 1 and 2 of part C, the 

development and operation of multipurpose senior centers, and 

the delivery of legal assistance. 

(d) There are authorized to be appropriated to carry out part 

D (relating to disease prevention and health promotion services) 

$26,587,360 for fiscal year 2020, $28,182,602 for fiscal year 2021, 

$29,873,558 for fiscal year 2022, $31,665,971 for fiscal year 2023, 

and $33,565,929 for fiscal year 2024. 

(e) There are authorized to be appropriated to carry out part E (relating to family caregiver support) $193,869,020 for fiscal year 

2020, $205,501,161 for fiscal year 2021, $217,831,231 for fiscal year 

2022, $230,901,105 for fiscal year 2023, and $244,755,171 for fiscal 

year 2024. 

ø42 U.S.C. 3023¿ 

ALLOTMENT; FEDERAL SHARE

SEC. 304. (a)(1) From the sums appropriated under subsections 

(a) through (d) of section 303 for each fiscal year, each State shall 

be allotted an amount which bears the same ratio to such sums as 

the population of older individuals in such State bears to the population of older individuals in all States. 

(2) In determining the amounts allotted to States from the 

sums appropriated under section 303 for a fiscal year, the Assistant 

Secretary shall first determine the amount allotted to each State 

under paragraph (1) and then proportionately adjust such amounts, 

if necessary, to meet the requirements of paragraph (3). 

(3)(A) No State shall be allotted less than 1⁄2 of 1 percent of the 

sum appropriated for the fiscal year for which the determination is 

made. 

(B) Guam and the United States Virgin Islands shall each be 

allotted not less than 1⁄4 of 1 percent of the sum appropriated for 

the fiscal year for which the determination is made. 


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4 Effective October 1, 2029, section 304(a)(3)(D) is repealed. See amendment in section 204(b) 

of Public Law 116-131. 5Margin so in law. See amendment in section 204(a) of Public Law 116-131. 

(C) American Samoa and the Commonwealth of the Northern 

Mariana Islands shall each be allotted not less than 1⁄16 of 1 percent of the sum appropriated for the fiscal year for which the determination is made. For the purposes of the exception contained in 

subparagraph (A) only, the term ‘‘State’’ does not include Guam, 

American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands. 

4(D) 5(i) In this subparagraph and paragraph (5)— 

(I) the term ‘‘allot’’ means allot under this subsection from a sum appropriated under section 303(a) 

or 303(b)(1), as the case may be; and 

(II) the term ‘‘covered fiscal year’’ means any of 

fiscal years 2020 through 2029. 

(ii) If the sum appropriated under section 303(a) or 

303(b)(1) for a particular covered fiscal year is less than or 

equal to the sum appropriated under section 303(a) or 

303(b)(1), respectively, for fiscal year 2019, amounts shall 

be allotted to States from the sum appropriated for the 

particular year in accordance with paragraphs (1) and (2), 

and subparagraphs (A) through (C) as applicable, but no 

State shall be allotted an amount that is less than— 

(I) for fiscal year 2020, 99.75 percent of the State’s 

allotment from the corresponding sum appropriated 

for fiscal year 2019; 

(II) for fiscal year 2021, 99.50 percent of that allotment; 

(III) for fiscal year 2022, 99.25 percent of that allotment; 

(IV) for fiscal year 2023, 99.00 percent of that allotment; 

(V) for fiscal year 2024, 98.75 percent of that allotment; 

(VI) for fiscal year 2025, 98.50 percent of that allotment; 

(VII) for fiscal year 2026, 98.25 percent of that allotment; 

(VIII) for fiscal year 2027, 98.00 percent of that allotment; 

(IX) for fiscal year 2028, 97.75 percent of that allotment; and 

(X) for fiscal year 2029, 97.50 percent of that allotment. 

(iii) If the sum appropriated under section 303(a) or 

303(b)(1) for a particular covered fiscal year is greater 

than the sum appropriated under section 303(a) or 

303(b)(1), respectively, for fiscal year 2019, the allotments 

to States from the sum appropriated for the particular 

year shall be calculated as follows: 

(I) From the portion equal to the corresponding 

sum appropriated for fiscal year 2019, amounts shall 

be allotted in accordance with paragraphs (1) and (2), 


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and subparagraphs (A) through (C) as applicable, but 

no State shall be allotted an amount that is less than 

the percentage specified in clause (ii), for that particular year, of the State’s allotment from the corresponding sum appropriated for fiscal year 2019. 

(II) From the remainder, amounts shall be allotted 

in accordance with paragraph (1), subparagraphs (A) 

through (C) as applicable, and paragraph (2) to the extent needed to meet the requirements of those subparagraphs. 

(4) The number of individuals aged 60 or older in any State 

and in all States shall be determined by the Assistant Secretary on 

the basis of the most recent data available from the Bureau of the 

Census, and other reliable demographic data satisfactory to the Assistant Secretary. 

(5) State allotments for a fiscal year under this section shall 

be proportionally reduced to the extent that appropriations may be 

insufficient to provide the full allotments as required by paragraph 

(3). 

(b) Whenever the Assistant Secretary determines that any 

amount allotted to a State under part B or C, or part E, for a fiscal 

year under this section will not be used by such State for carrying 

out the purpose for which the allotment was made, the Assistant 

Secretary shall make such allotment available for carrying out 

such purpose to one or more other States to the extent the Assistant Secretary determines that such other State will be able to use 

such additional amount for carrying out such purpose. Any amount 

made available to a State from an appropriation for a fiscal year 

in accordance with the preceding sentence shall, for purposes of 

this title, be regarded as part of such State’s allotment (as determined under subsection (a)) for such year, but shall remain available until the end of the succeeding fiscal year. 

(c) If the Assistant Secretary finds that any State has failed to 

qualify under the State plan requirements of section 307 or the Assistant Secretary does not approve the funding formula required 

under section 305(a)(2)(C), the Assistant Secretary shall withhold 

the allotment of funds to such State referred to in subsection (a). 

The Assistant Secretary shall disburse the funds so withheld directly to any public or private nonprofit institution or organization, 

agency, or political subdivision of such State submitting an approved plan under section 307, which includes an agreement that 

any such payment shall be matched in the proportion determined 

under subsection (d)(1)(D) for such State, by funds or in-kind resources from non-Federal sources. 

(d)(1) From any State’s allotment, after the application of section 308(b), under this section for any fiscal year— 

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

more than 10 percent thereof, shall be available for paying 

such percentage as the agency determines, but not more than 

75 percent, of the cost of administration of area plans; 

(B) such amount as the State agency determines to be adequate for conducting an effective ombudsman program under 

section 307(a)(9) shall be available for conducting such program; 


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(C) not less than $150,000 and not more than 4 percent of 

the amount allotted to the State for carrying out part B, shall 

be available for conducting outreach demonstration projects 

under section 706; and 

(D) the remainder of such allotment shall be available to 

such State only for paying such percentage as the State agency 

determines, but not more than 85 percent of the cost of supportive services, senior centers, and nutrition services under 

this title provided in the State as part of a comprehensive and 

coordinated system in planning and service areas for which 

there is an area plan approved by the State agency. 

(2) The non-Federal share shall be in cash or in kind. In determining the amount of the non-Federal share, the Assistant Secretary may attribute fair market value to services and facilities 

contributed from non-Federal sources. 

ø42 U.S.C. 3024¿ 

ORGANIZATION

SEC. 305. (a) In order for a State to be eligible to participate 

in programs of grants to States from allotments under this title— 

(1) the State shall, in accordance with regulations of the 

Assistant Secretary, designate a State agency as the sole State 

agency to— 

(A) develop a State plan to be submitted to the Assistant Secretary for approval under section 307; 

(B) administer the State plan within such State; 

(C) be primarily responsible for the planning, policy 

development, administration, coordination, priority setting, 

and evaluation of all State activities related to the objectives of this Act; 

(D) serve as an effective and visible advocate for older 

individuals by reviewing and commenting upon all State 

plans, budgets, and policies which affect older individuals 

and providing technical assistance to any agency, organization, association, or individual representing the needs of 

older individuals; and 

(E) divide the State into distinct planning and service 

areas (or in the case of a State specified in subsection 

(b)(5)(A), designate the entire State as a single planning 

and service area), in accordance with guidelines issued by 

the Assistant Secretary, after considering the geographical 

distribution of older individuals in the State, the incidence 

of the need for supportive services, nutrition services, multipurpose senior centers, and legal assistance, the distribution of older individuals who have greatest economic need 

(with particular attention to low-income older individuals, 

including low-income minority older individuals, older individuals with limited English proficiency, and older individuals residing in rural areas) residing in such areas, the 

distribution of older individuals who have greatest social 

need (with particular attention to low-income older individuals, including low-income minority older individuals, 

older individuals with limited English proficiency, and 


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older individuals residing in rural areas) residing in such 

areas, the distribution of older individuals who are Indians 

residing in such areas, the distribution of resources available to provide such services or centers, the boundaries of 

existing areas within the State which were drawn for the 

planning or administration of supportive services programs, the location of units of general purpose local government within the State, and any other relevant factors; 

(2) the State agency shall— 

(A) except as provided in subsection (b)(5), designate 

for each such area after consideration of the views offered 

by the unit or units of general purpose local government 

in such area, a public or private nonprofit agency or organization as the area agency on aging for such area; 

(B) provide assurances, satisfactory to the Assistant 

Secretary, that the State agency will take into account, in 

connection with matters of general policy arising in the development and administration of the State plan for any fiscal year, the views of recipients of supportive services or 

nutrition services, or individuals using multipurpose senior 

centers provided under such plan; 

(C) in consultation with area agencies, in accordance 

with guidelines issued by the Assistant Secretary, and 

using the best available data, develop and publish for review and comment a formula for distribution within the 

State of funds received under this title that takes into account— 

(i) the geographical distribution of older individuals in the State; and 

(ii) the distribution among planning and service 

areas of older individuals with greatest economic need 

and older individuals with greatest social need, with 

particular attention to low-income minority older individuals; 

(D) submit its formula developed under subparagraph 

(C) to the Assistant Secretary for approval; 

(E) provide assurance that preference will be given to 

providing services to older individuals with greatest economic need and older individuals with greatest social need 

(with particular attention to low-income older individuals, 

including low-income minority older individuals, older individuals with limited English proficiency, and older individuals residing in rural areas), and include proposed methods of carrying out the preference in the State plan; 

(F) provide assurances that the State agency will require use of outreach efforts described in section 

307(a)(16); and 

(G)(i) set specific objectives, in consultation with area 

agencies on aging, for each planning and service area for 

providing services funded under this title to low-income 

minority older individuals and older individuals residing in 

rural areas; 

(ii) provide an assurance that the State agency will 

undertake specific program development, advocacy, and 


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6Section 304(2)(C) of the Older Americans Act Amendments of 2000 (P.L. 106–501; 114 Stat. 

2292) amends this clause by inserting ‘‘and older individuals residing in rural areas’’ after ‘‘lowincome minority individuals’’. The amendment could not be executed because of an incorrect reference to text. 

outreach efforts focused on the needs of low-income minority older individuals 6; and 

(iii) provide a description of the efforts described in 

clause (ii) that will be undertaken by the State agency; 

and 

(3) the State agency shall, consistent with this section, promote the development and implementation of a State system 

of long-term care that is a comprehensive, coordinated system 

that enables older individuals to receive long-term care in 

home and community-based settings, in a manner responsive 

to the needs and preferences of the older individuals and their 

family caregivers, by— 

(A) collaborating, coordinating, and consulting with 

other agencies in such State responsible for formulating, 

implementing, and administering programs, benefits, and 

services related to providing long-term care; 

(B) participating in any State government activities 

concerning long-term care, including reviewing and commenting on any State rules, regulations, and policies related to long-term care; 

(C) conducting analyses and making recommendations 

with respect to strategies for modifying the State system 

of long-term care to better— 

(i) respond to the needs and preferences of older 

individuals and family caregivers; 

(ii) facilitate the provision, by service providers, of 

long-term care in home and community-based settings; 

and 

(iii) target services to individuals at risk for institutional placement, to permit such individuals to remain in home and community-based settings; 

(D) implementing (through area agencies on aging, 

service providers, and such other entities as the State determines to be appropriate) evidence-based programs to assist older individuals and their family caregivers in learning about and making behavioral changes intended to reduce the risk of injury, disease, and disability among older 

individuals; and 

(E) providing for the availability and distribution 

(through public education campaigns, Aging and Disability 

Resource Centers, area agencies on aging, and other appropriate means) of information relating to— 

(i) the need to plan in advance for long-term care; 

and 

(ii) the full range of available public and private 

long-term care (including integrated long-term care) 

programs, options, service providers, and resources. 

(b)(1) In carrying out the requirement of subsection (a)(1), the 

State may designate as a planning and service area any unit of 

general purpose local government which has a population of 


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100,000 or more. In any case in which a unit of general purpose 

local government makes application to the State agency under the 

preceding sentence to be designated as a planning and service area, 

the State agency shall, upon request, provide an opportunity for a 

hearing to such unit of general purpose local government. A State 

may designate as a planning and service area under subsection 

(a)(1) any region within the State recognized for purposes of 

areawide planning which includes one or more such units of general purpose local government when the State determines that the 

designation of such a regional planning and service area is necessary for, and will enhance, the effective administration of the 

programs authorized by this title. The State may include in any 

planning and service area designated under subsection (a)(1) such 

additional areas adjacent to the unit of general purpose local government or regions so designated as the State determines to be 

necessary for, and will enhance the effective administration of the 

programs authorized by this title. 

(2) The State is encouraged in carrying out the requirement of 

subsection (a)(1) to include the area covered by the appropriate economic development district involved in any planning and service 

area designated under subsection (a)(1), and to include all portions 

of an Indian reservation within a single planning and service area, 

if feasible. 

(3) The chief executive officer of each State in which a planning and service area crosses State boundaries, or in which an 

interstate Indian reservation is located, may apply to the Assistant 

Secretary to request redesignation as an interstate planning and 

service area comprising the entire metropolitan area or Indian reservation. If the Assistant Secretary approves such an application, 

the Assistant Secretary shall adjust the State allotments of the 

areas within the planning and service area in which the interstate 

planning and service area is established to reflect the number of 

older individuals within the area who will be served by an interstate planning and service area not within the State. 

(4) Whenever a unit of general purpose local government, a region, a metropolitan area or an Indian reservation is denied designation under the provisions of subsection (a)(1), such unit of general purpose local government, region, metropolitan area, or Indian 

reservation may appeal the decision of the State agency to the Assistant Secretary. The Assistant Secretary shall afford such unit, 

region, metropolitan area, or Indian reservation an opportunity for 

a hearing. In carrying out the provisions of this paragraph, the Assistant Secretary may approve the decision of the State agency, disapprove the decision of the State agency and require the State 

agency to designate the unit, region, area, or Indian reservation appealing the decision as a planning and service area, or take such 

other action as the Assistant Secretary deems appropriate. 

(5)(A) A State which on or before October 1, 1980, had designated, with the approval of the Assistant Secretary, a single 

planning and service area covering all of the older individuals in 

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

plan, may after that date designate one or more additional planning and service areas within the State to be administered by public or private nonprofit agencies or organizations as area agencies 


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on aging, after considering the factors specified in subsection 

(a)(1)(E). The State agency shall continue to perform the functions 

of an area agency on aging for any area of the State not included 

in a planning and service area for which an area agency on aging 

has been designated. 

(B) Whenever a State agency designates a new area agency on 

aging after the date of enactment of the Older Americans Act 

Amendments of 1984, the State agency shall give the right to first 

refusal to a unit of general purpose local government if (i) such 

unit can meet the requirements of subsection (c), and (ii) the 

boundaries of such a unit and the boundaries of the area are reasonably contiguous. 

(C)(i) A State agency shall establish and follow appropriate 

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

agency initiates an action or proceeding to— 

(I) revoke the designation of the area agency on aging 

under subsection (a); 

(II) designate an additional planning and service area in 

a State; 

(III) divide the State into different planning and service 

areas; or 

(IV) otherwise affect the boundaries of the planning and 

service areas in the State. 

(ii) The procedures described in clause (i) shall include procedures for— 

(I) providing notice of an action or proceeding described in 

clause (i); 

(II) documenting the need for the action or proceeding; 

(III) conducting a public hearing for the action or proceeding; 

(IV) involving area agencies on aging, service providers, 

and older individuals in the action or proceeding; and 

(V) allowing an appeal of the decision of the State agency 

in the action or proceeding to the Assistant Secretary. 

(iii) An adversely affected party involved in an action or proceeding described in clause (i) may bring an appeal described in 

clause (ii)(V) on the basis of— 

(I) the facts and merits of the matter that is the subject 

of the action or proceeding; or 

(II) procedural grounds. 

(iv) In deciding an appeal described in clause (ii)(V), the Assistant Secretary may affirm or set aside the decision of the State 

agency. If the Assistant Secretary sets aside the decision, and the 

State agency has taken an action described in subclauses (I) 

through (III) of clause (i), the State agency shall nullify the action. 

(c) An area agency on aging designated under subsection (a) 

shall be— 

(1) an established office of aging which is operating within 

a planning and service area designated under subsection (a); 

(2) any office or agency of a unit of general purpose local 

government, which is designated to function only for the purpose of serving as an area agency on aging by the chief elected 

official of such unit; 


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(3) any office or agency designated by the appropriate chief 

elected officials of any combination of units of general purpose 

local government to act only on behalf of such combination for 

such purpose; 

(4) any public or nonprofit private agency in a planning 

and service area, or any separate organizational unit within 

such agency, which is under the supervision or direction for 

this purpose of the designated State agency and which can and 

will engage only in the planning or provision of a broad range 

of supportive services, or nutrition services within such planning and service area; or 

(5) in the case of a State specified in subsection (b)(5), the 

State agency; 

and shall provide assurance, determined adequate by the State 

agency, that the area agency on aging will have the ability to develop an area plan and to carry out, directly or through contractual 

or other arrangements, a program in accordance with the plan 

within the planning and service area. In designating an area agency on aging within the planning and service area or within any 

unit of general purpose local government designated as a planning 

and service area the State shall give preference to an established 

office on aging, unless the State agency finds that no such office 

within the planning and service area will have the capacity to 

carry out the area plan. 

(d) The publication for review and comment required by paragraph (2)(C) of subsection (a) shall include— 

(1) a descriptive statement of the formula’s assumptions 

and goals, and the application of the definitions of greatest economic or social need, 

(2) a numerical statement of the actual funding formula to 

be used, 

(3) a listing of the population, economic, and social data to 

be used for each planning and service area in the State, and 

(4) a demonstration of the allocation of funds, pursuant to 

the funding formula, to each planning and service area in the 

State. 

ø42 U.S.C. 3025¿ 

AREA PLANS

SEC. 306. (a) Each area agency on aging designated under section 305(a)(2)(A) shall, in order to be approved by the State agency, 

prepare and develop an area plan for a planning and service area 

for a two-, three-, or four-year period determined by the State agency, with such annual adjustments as may be necessary. Each such 

plan shall be based upon a uniform format for area plans within 

the State prepared in accordance with section 307(a)(1). Each such 

plan shall— 

(1) provide, through a comprehensive and coordinated system, for supportive services, nutrition services, and, where appropriate, for the establishment, maintenance, modernization, 

or construction of multipurpose senior centers (including a plan 

to use the skills and services of older individuals in paid and 

unpaid work, including multigenerational and older individual 


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to older individual work), within the planning and service area 

covered by the plan, including determining the extent of need 

for supportive services, nutrition services, and multipurpose 

senior centers in such area (taking into consideration, among 

other things, the number of older individuals with low incomes 

residing in such area, the number of older individuals who 

have greatest economic need (with particular attention to lowincome older individuals, including low-income minority older 

individuals, older individuals with limited English proficiency, 

and older individuals residing in rural areas) residing in such 

area, the number of older individuals who have greatest social 

need (with particular attention to low-income older individuals, 

including low-income minority older individuals, older individuals with limited English proficiency, and older individuals residing in rural areas) residing in such area,the number of older 

individuals at risk for institutional placement residing in such 

area, and the number of older individuals who are Indians residing in such area, and the efforts of voluntary organizations 

in the community), evaluating the effectiveness of the use of 

resources in meeting such need, and entering into agreements 

with providers of supportive services, nutrition services, or 

multipurpose senior centers in such area, for the provision of 

such services or centers to meet such need; 

(2) provide assurances that an adequate proportion, as required under section 307(a)(2), of the amount allotted for part 

B to the planning and service area will be expended for the delivery of each of the following categories of services— 

(A) services associated with access to services (transportation, health services (including mental and behavioral 

health services), outreach, information and assistance 

(which may include information and assistance to consumers on availability of services under part B and how to 

receive benefits under and participate in publicly supported programs for which the consumer may be eligible), 

and case management services); 

(B) in-home services, including supportive services for 

families of older individuals with Alzheimer’s disease and 

related disorders with neurological and organic brain dysfunction; and 

(C) legal assistance; 

and assurances that the area agency on aging will report annually to the State agency in detail the amount of funds expended for each such category during the fiscal year most recently concluded; 

(3)(A) designate, where feasible, a focal point for comprehensive service delivery in each community, giving special 

consideration to designating multipurpose senior centers (including multipurpose senior centers operated by organizations 

referred to in paragraph (6)(C)) as such focal point; and 

(B) specify, in grants, contracts, and agreements implementing the plan, the identity of each focal point so designated; 

(4)(A)(i)(I) provide assurances that the area agency on 

aging will— 


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(aa) set specific objectives, consistent with State policy, for providing services to older individuals with greatest economic need, older individuals with greatest social 

need, and older individuals at risk for institutional placement; 

(bb) include specific objectives for providing services to 

low-income minority older individuals, older individuals 

with limited English proficiency, and older individuals residing in rural areas; and 

(II) include proposed methods to achieve the objectives described in items (aa) and (bb) of subclause (I); 

(ii) provide assurances that the area agency on aging will 

include in each agreement made with a provider of any service 

under this title, a requirement that such provider will— 

(I) specify how the provider intends to satisfy the service needs of low-income minority individuals, older individuals with limited English proficiency, and older individuals 

residing in rural areas in the area served by the provider; 

(II) to the maximum extent feasible, provide services 

to low-income minority individuals, older individuals with 

limited English proficiency, and older individuals residing 

in rural areas in accordance with their need for such services; and 

(III) meet specific objectives established by the area 

agency on aging, for providing services to low-income minority individuals, older individuals with limited English 

proficiency, and older individuals residing in rural areas 

within the planning and service area; and 

(iii) with respect to the fiscal year preceding the fiscal year 

for which such plan is prepared— 

(I) identify the number of low-income minority older 

individuals in the planning and service area; 

(II) describe the methods used to satisfy the service 

needs of such minority older individuals; and 

(III) provide information on the extent to which the 

area agency on aging met the objectives described in 

clause (i); 

(B) provide assurances that the area agency on aging will 

use outreach efforts that will— 

(i) identify individuals eligible for assistance under 

this Act, with special emphasis on— 

(I) older individuals residing in rural areas; 

(II) older individuals with greatest economic need 

(with particular attention to low-income minority individuals and older individuals residing in rural areas); 

(III) older individuals with greatest social need 

(with particular attention to low-income minority individuals and older individuals residing in rural areas); 

(IV) older individuals with severe disabilities; 

(V) older individuals with limited English proficiency; 

(VI) older individuals with Alzheimer’s disease 

and related disorders with neurological and organic 


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brain dysfunction (and the caretakers of such individuals); and 

(VII) older individuals at risk for institutional 

placement, specifically including survivors of the Holocaust; and 

(ii) inform the older individuals referred to in subclauses (I) through (VII) of clause (i), and the caretakers 

of such individuals, of the availability of such assistance; 

and 

(C) contain an assurance that the area agency on aging 

will ensure that each activity undertaken by the agency, including planning, advocacy, and systems development, will include a focus on the needs of low-income minority older individuals and older individuals residing in rural areas; 

(5) provide assurances that the area agency on aging will 

coordinate planning, identification, assessment of needs, and 

provision of services for older individuals with disabilities, with 

particular attention to individuals with severe disabilities and 

individuals at risk for institutional placement, with agencies 

that develop or provide services for individuals with disabilities; 

(6) provide that the area agency on aging will— 

(A) take into account in connection with matters of 

general policy arising in the development and administration of the area plan, the views of recipients of services 

under such plan; 

(B) serve as the advocate and focal point for older individuals within the community by (in cooperation with 

agencies, organizations, and individuals participating in 

activities under the plan) monitoring, evaluating, and commenting upon all policies, programs, hearings, levies, and 

community actions which will affect older individuals; 

(C)(i) where possible, enter into arrangements with organizations providing day care services for children, assistance to older individuals caring for relatives who are children, and respite for families, so as to provide opportunities for older individuals to aid or assist on a voluntary 

basis in the delivery of such services to children, adults, 

and families; 

(ii) if possible regarding the provision of services under 

this title, enter into arrangements and coordinate with organizations that have a proven record of providing services 

to older individuals, that— 

(I) were officially designated as community action 

agencies or community action programs under section 

210 of the Economic Opportunity Act of 1964 (42 

U.S.C. 2790) for fiscal year 1981, and did not lose the 

designation as a result of failure to comply with such 

Act; or 

(II) came into existence during fiscal year 1982 as 

direct successors in interest to such community action 

agencies or community action programs; 

and that meet the requirements under section 676B of the 

Community Services Block Grant Act; and 


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(iii) make use of trained volunteers in providing direct 

services delivered to older individuals and individuals with 

disabilities needing such services and, if possible, work in 

coordination with organizations that have experience in 

providing training, placement, and stipends for volunteers 

or participants (such as organizations carrying out Federal 

service programs administered by the Corporation for National and Community Service), in community service settings; 

(D) establish an advisory council consisting of older individuals (including minority individuals and older individuals residing in rural areas) who are participants or who 

are eligible to participate in programs assisted under this 

Act, family caregivers of such individuals, representatives 

of older individuals, service providers, representatives of 

the business community, local elected officials, providers of 

veterans’ health care (if appropriate), and the general public, to advise continuously the area agency on aging on all 

matters relating to the development of the area plan, the 

administration of the plan and operations conducted under 

the plan; 

(E) establish effective and efficient procedures for coordination of— 

(i) entities conducting programs that receive assistance under this Act within the planning and service area served by the agency; and 

(ii) entities conducting other Federal programs for 

older individuals at the local level, with particular emphasis on entities conducting programs described in 

section 203(b), within the area; 

(F) in coordination with the State agency and with the 

State agency responsible for mental and behavioral health 

services, increase public awareness of mental health disorders, remove barriers to diagnosis and treatment, and 

coordinate mental and behavioral health services (including mental health screenings) provided with funds expended by the area agency on aging with mental and behavioral health services provided by community health 

centers and by other public agencies and nonprofit private 

organizations; 

(G) if there is a significant population of older individuals who are Indians in the planning and service area of 

the area agency on aging, the area agency on aging shall 

conduct outreach activities to identify such individuals in 

such area and shall inform such individuals of the availability of assistance under this Act; 

(H) in coordination with the State agency and with the 

State agency responsible for elder abuse prevention services, increase public awareness of elder abuse, neglect, and 

exploitation, and remove barriers to education, prevention, 

investigation, and treatment of elder abuse, neglect, and 

exploitation, as appropriate; and 


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7Margin so in law. See amendment in section 104(2)(A)(iii) in Public Law 116-131. 

(I) 7 to the extent feasible, coordinate with the State agency to disseminate information about the State assistive technology entity and access to assistive technology options for 

serving older individuals; 

(7) provide that the area agency on aging shall, consistent 

with this section, facilitate the area-wide development and implementation of a comprehensive, coordinated system for providing long-term care in home and community-based settings, 

in a manner responsive to the needs and preferences of older 

individuals and their family caregivers, by— 

(A) collaborating, coordinating activities, and consulting with other local public and private agencies and organizations responsible for administering programs, benefits, and services related to providing long-term care; 

(B) conducting analyses and making recommendations 

with respect to strategies for modifying the local system of 

long-term care to better— 

(i) respond to the needs and preferences of older 

individuals and family caregivers; 

(ii) facilitate the provision, by service providers, of 

long-term care in home and community-based settings; 

and 

(iii) target services to older individuals at risk for 

institutional placement, to permit such individuals to 

remain in home and community-based settings; 

(C) implementing, through the agency or service providers, evidence-based programs to assist older individuals 

and their family caregivers in learning about and making 

behavioral changes intended to reduce the risk of injury, 

disease, and disability among older individuals; and 

(D) providing for the availability and distribution 

(through public education campaigns, Aging and Disability 

Resource Centers, the area agency on aging itself, and 

other appropriate means) of information relating to— 

(i) the need to plan in advance for long-term care; 

and 

(ii) the full range of available public and private 

long-term care (including integrated long-term care) 

programs, options, service providers, and resources; 

(8) provide that case management services provided under 

this title through the area agency on aging will— 

(A) not duplicate case management services provided 

through other Federal and State programs; 

(B) be coordinated with services described in subparagraph (A); and 

(C) be provided by a public agency or a nonprofit private agency that— 

(i) gives each older individual seeking services 

under this title a list of agencies that provide similar 

services within the jurisdiction of the area agency on 

aging; 


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(ii) gives each individual described in clause (i) a 

statement specifying that the individual has a right to 

make an independent choice of service providers and 

documents receipt by such individual of such statement; 

(iii) has case managers acting as agents for the individuals receiving the services and not as promoters 

for the agency providing such services; or 

(iv) is located in a rural area and obtains a waiver 

of the requirements described in clauses (i) through 

(iii); 

(9) provide assurances that— 

(A) the area agency on aging, in carrying out the State 

Long-Term Care Ombudsman program under section 

307(a)(9), will expend not less than the total amount of 

funds appropriated under this Act and expended by the 

agency in fiscal year 2019 in carrying out such a program 

under this title; and 

(B) funds made available to the area agency on aging 

pursuant to section 712 shall be used to supplement and 

not supplant other Federal, State, and local funds expended to support activities described in section 712; 

(10) provide a grievance procedure for older individuals 

who are dissatisfied with or denied services under this title; 

(11) provide information and assurances concerning services to older individuals who are Native Americans (referred to 

in this paragraph as ‘‘older Native Americans’’), including— 

(A) information concerning whether there is a significant population of older Native Americans in the planning 

and service area and if so, an assurance that the area 

agency on aging will pursue activities, including outreach, 

to increase access of those older Native Americans to programs and benefits provided under this title; 

(B) an assurance that the area agency on aging will, 

to the maximum extent practicable, coordinate the services 

the agency provides under this title with services provided 

under title VI; and 

(C) an assurance that the area agency on aging will 

make services under the area plan available, to the same 

extent as such services are available to older individuals 

within the planning and service area, to older Native 

Americans; and 

(12) provide that the area agency on aging will establish 

procedures for coordination of services with entities conducting 

other Federal or federally assisted programs for older individuals at the local level, with particular emphasis on entities 

conducting programs described in section 203(b) within the 

planning and service area. 

(13) provide assurances that the area agency on aging 

will— 

(A) maintain the integrity and public purpose of services provided, and service providers, under this title in all 

contractual and commercial relationships; 


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(B) disclose to the Assistant Secretary and the State 

agency— 

(i) the identity of each nongovernmental entity 

with which such agency has a contract or commercial 

relationship relating to providing any service to older 

individuals; and 

(ii) the nature of such contract or such relationship; 

(C) demonstrate that a loss or diminution in the quantity or quality of the services provided, or to be provided, 

under this title by such agency has not resulted and will 

not result from such contract or such relationship; 

(D) demonstrate that the quantity or quality of the 

services to be provided under this title by such agency will 

be enhanced as a result of such contract or such relationship; and 

(E) on the request of the Assistant Secretary or the 

State, for the purpose of monitoring compliance with this 

Act (including conducting an audit), disclose all sources 

and expenditures of funds such agency receives or expends 

to provide services to older individuals; 

(14) provide assurances that preference in receiving services under this title will not be given by the area agency on 

aging to particular older individuals as a result of a contract 

or commercial relationship that is not carried out to implement 

this title; 

(15) provide assurances that funds received under this title 

will be used— 

(A) to provide benefits and services to older individuals, giving priority to older individuals identified in paragraph (4)(A)(i); and 

(B) in compliance with the assurances specified in 

paragraph (13) and the limitations specified in section 212; 

(16) provide, to the extent feasible, for the furnishing of 

services under this Act, consistent with self-directed care; 

(17) include information detailing how the area agency on 

aging will coordinate activities, and develop long-range emergency preparedness plans, with local and State emergency response agencies, relief organizations, local and State governments, and any other institutions that have responsibility for 

disaster relief service delivery; 

(18) provide assurances that the area agency on aging will 

collect data to determine— 

(A) the services that are needed by older individuals 

whose needs were the focus of all centers funded under 

title IV in fiscal year 2019; and 

(B) the effectiveness of the programs, policies, and 

services provided by such area agency on aging in assisting such individuals; and 

(19) provide assurances that the area agency on aging will 

use outreach efforts that will identify individuals eligible for 

assistance under this Act, with special emphasis on those individuals whose needs were the focus of all centers funded under 

title IV in fiscal year 2019. 


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(b)(1) An area agency on aging may include in the area plan 

an assessment of how prepared the area agency on aging and service providers in the planning and service area are for any anticipated change in the number of older individuals during the 10-year 

period following the fiscal year for which the plan is submitted. 

(2) Such assessment may include— 

(A) the projected change in the number of older individuals 

in the planning and service area; 

(B) an analysis of how such change may affect such individuals, including individuals with low incomes, individuals 

with greatest economic need, minority older individuals, older 

individuals residing in rural areas, and older individuals with 

limited English proficiency; 

(C) an analysis of how the programs, policies, and services 

provided by such area agency can be improved, and how resource levels can be adjusted to meet the needs of the changing 

population of older individuals in the planning and service 

area; and 

(D) an analysis of how the change in the number of individuals age 85 and older in the planning and service area is 

expected to affect the need for supportive services. 

(3) An area agency on aging, in cooperation with government 

officials, State agencies, tribal organizations, or local entities, may 

make recommendations to government officials in the planning and 

service area and the State, on actions determined by the area agency to build the capacity in the planning and service area to meet 

the needs of older individuals for— 

(A) health and human services; 

(B) land use; 

(C) housing; 

(D) transportation; 

(E) public safety; 

(F) workforce and economic development; 

(G) recreation; 

(H) education; 

(I) civic engagement; 

(J) emergency preparedness; 

(K) protection from elder abuse, neglect, and exploitation; 

(L) assistive technology devices and services; and 

(M) any other service as determined by such agency. 

(c) Each State, in approving area agency on aging plans under 

this section, shall waive the requirement described in paragraph 

(2) of subsection (a) for any category of services described in such 

paragraph if the area agency on aging demonstrates to the State 

agency that services being furnished for such category in the area 

are sufficient to meet the need for such services in such area and 

had conducted a timely public hearing upon request. 

(d)(1) Subject to regulations prescribed by the Assistant Secretary, an area agency on aging designated under section 

305(a)(2)(A) or, in areas of a State where no such agency has been 

designated, the State agency, may enter into agreement with agencies administering programs under the Rehabilitation Act of 1973, 

and titles XIX and XX of the Social Security Act for the purpose 

of developing and implementing plans for meeting the common 


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need for transportation services of individuals receiving benefits 

under such Acts and older individuals participating in programs 

authorized by this title. 

(2) In accordance with an agreement entered into under paragraph (1), funds appropriated under this title may be used to purchase transportation services for older individuals and may be 

pooled with funds made available for the provision of transportation services under the Rehabilitation Act of 1973, and titles XIX 

and XX of the Social Security Act. 

(e) An area agency on aging may not require any provider of 

legal assistance under this title to reveal any information that is 

protected by the attorney-client privilege. 

(f)(1) If the head of a State agency finds that an area agency 

on aging has failed to comply with Federal or State laws, including 

the area plan requirements of this section, regulations, or policies, 

the State may withhold a portion of the funds to the area agency 

on aging available under this title. 

(2)(A) The head of a State agency shall not make a final determination withholding funds under paragraph (1) without first affording the area agency on aging due process in accordance with 

procedures established by the State agency. 

(B) At a minimum, such procedures shall include procedures 

for— 

(i) providing notice of an action to withhold funds; 

(ii) providing documentation of the need for such action; 

and 

(iii) at the request of the area agency on aging, conducting 

a public hearing concerning the action. 

(3)(A) If a State agency withholds the funds, the State agency 

may use the funds withheld to directly administer programs under 

this title in the planning and service area served by the area agency on aging for a period not to exceed 180 days, except as provided 

in subparagraph (B). 

(B) If the State agency determines that the area agency on 

aging has not taken corrective action, or if the State agency does 

not approve the corrective action, during the 180-day period described in subparagraph (A), the State agency may extend the period for not more than 90 days. 

(g) Nothing in this Act shall restrict an area agency on aging 

from providing services not provided or authorized by this Act, including through— 

(1) contracts with health care payers; 

(2) consumer private pay programs; or 

(3) other arrangements with entities or individuals that increase the availability of home- and community-based services 

and supports. 

ø42 U.S.C. 3026¿ 

STATE PLANS

SEC. 307. (a) Except as provided in the succeeding sentence 

and section 309(a), each State, in order to be eligible for grants 

from its allotment under this title for any fiscal year, shall submit 

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year period determined by the State agency, with such annual revisions as are necessary, which meets such criteria as the Assistant 

Secretary may by regulation prescribe. If the Assistant Secretary 

determines, in the discretion of the Assistant Secretary, that a 

State failed in 2 successive years to comply with the requirements 

under this title, then the State shall submit to the Assistant Secretary a State plan for a 1-year period that meets such criteria, for 

subsequent years until the Assistant Secretary determines that the 

State is in compliance with such requirements. Each such plan 

shall comply with all of the following requirements: 

(1) The plan shall— 

(A) require each area agency on aging designated 

under section 305(a)(2)(A) to develop and submit to the 

State agency for approval, in accordance with a uniform 

format developed by the State agency, an area plan meeting the requirements of section 306; and 

(B) be based on such area plans. 

(2) The plan shall provide that the State agency will— 

(A) evaluate, using uniform procedures described in 

section 202(a)(26), the need for supportive services (including legal assistance pursuant to 307(a)(11), information 

and assistance, and transportation services), nutrition 

services, and multipurpose senior centers within the State; 

(B) develop a standardized process to determine the 

extent to which public or private programs and resources 

(including volunteers and programs and services of voluntary organizations) that have the capacity and actually 

meet such need; and 

(C) specify a minimum proportion of the funds received by each area agency on aging in the State to carry 

out part B that will be expended (in the absence of a waiver under section 306(c) or 316) by such area agency on 

aging to provide each of the categories of services specified 

in section 306(a)(2). 

(3) The plan shall— 

(A) include (and may not be approved unless the Assistant Secretary approves) the statement and demonstration required by paragraphs (2) and (4) of section 305(d) 

(concerning intrastate distribution of funds); and 

(B) with respect to services for older individuals residing in rural areas— 

(i) provide assurances that the State agency will 

spend for each fiscal year, not less than the amount 

expended for such services for fiscal year 2000; 

(ii) identify, for each fiscal year to which the plan 

applies, the projected costs of providing such services 

(including the cost of providing access to such services); and 

(iii) describe the methods used to meet the needs 

for such services in the fiscal year preceding the first 

year to which such plan applies. 

(4) The plan shall provide that the State agency will conduct periodic evaluations of, and public hearings on, activities 

and projects carried out in the State under this title and title 


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VII, including evaluations of the effectiveness of services provided to individuals with greatest economic need, greatest social need, or disabilities (with particular attention to low-income minority older individuals, older individuals with limited 

English proficiency, and older individuals residing in rural 

areas). 

(5) The plan shall provide that the State agency will— 

(A) afford an opportunity for a hearing upon request, 

in accordance with published procedures, to any area agency on aging submitting a plan under this title, to any provider of (or applicant to provide) services; 

(B) issue guidelines applicable to grievance procedures 

required by section 306(a)(10); and 

(C) afford an opportunity for a public hearing, upon request, by any area agency on aging, by any provider of (or 

applicant to provide) services, or by any recipient of services under this title regarding any waiver request, including those under section 316. 

(6) The plan shall provide that the State agency will make 

such reports, in such form, and containing such information, as 

the Assistant Secretary may require, and comply with such requirements as the Assistant Secretary may impose to insure 

the correctness of such reports. 

(7)(A) The plan shall provide satisfactory assurance that 

such fiscal control and fund accounting procedures will be 

adopted as may be necessary to assure proper disbursement of, 

and accounting for, Federal funds paid under this title to the 

State, including any such funds paid to the recipients of a 

grant or contract. 

(B) The plan shall provide assurances that— 

(i) no individual (appointed or otherwise) involved in 

the designation of the State agency or an area agency on 

aging, or in the designation of the head of any subdivision 

of the State agency or of an area agency on aging, is subject to a conflict of interest prohibited under this Act; 

(ii) no officer, employee, or other representative of the 

State agency or an area agency on aging is subject to a 

conflict of interest prohibited under this Act; and 

(iii) mechanisms are in place to identify and remove 

conflicts of interest prohibited under this Act. 

(8)(A) The plan shall provide that no supportive services, 

nutrition services, or in-home services will be directly provided 

by the State agency or an area agency on aging in the State, 

unless, in the judgment of the State agency— 

(i) provision of such services by the State agency or 

the area agency on aging is necessary to assure an adequate supply of such services; 

(ii) such services are directly related to such State 

agency’s or area agency on aging’s administrative functions; or 

(iii) such services can be provided more economically, 

and with comparable quality, by such State agency or area 

agency on aging. 


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(B) Regarding case management services, if the State 

agency or area agency on aging is already providing case management services (as of the date of submission of the plan) 

under a State program, the plan may specify that such agency 

is allowed to continue to provide case management services. 

(C) The plan may specify that an area agency on aging is 

allowed to directly provide information and assistance services 

and outreach. 

(9) The plan shall provide assurances that— 

(A) the State agency will carry out, through the Office 

of the State Long-Term Care Ombudsman, a State LongTerm Care Ombudsman program in accordance with section 712 and this title, and will expend for such purpose 

an amount that is not less than the amount expended by 

the State agency with funds received under this title for 

fiscal year 2019, and an amount that is not less than the 

amount expended by the State agency with funds received 

under title VII for fiscal year 2019; and 

(B) funds made available to the State agency pursuant 

to section 712 shall be used to supplement and not supplant other Federal, State, and local funds expended to 

support activities described in section 712. 

(10) The plan shall provide assurances that the special 

needs of older individuals residing in rural areas will be taken 

into consideration and shall describe how those needs have 

been met and describe how funds have been allocated to meet 

those needs. 

(11) The plan shall provide that with respect to legal assistance— 

(A) the plan contains assurances that area agencies on 

aging will (i) enter into contracts with providers of legal 

assistance which can demonstrate the experience or capacity to deliver legal assistance; (ii) include in any such contract provisions to assure that any recipient of funds under 

division (i) will be subject to specific restrictions and regulations promulgated under the Legal Services Corporation 

Act (other than restrictions and regulations governing eligibility for legal assistance under such Act and governing 

membership of local governing boards) as determined appropriate by the Assistant Secretary; and (iii) attempt to 

involve the private bar in legal assistance activities authorized under this title, including groups within the private bar furnishing services to older individuals on a pro 

bono and reduced fee basis; 

(B) the plan contains assurances that no legal assistance will be furnished unless the grantee administers a 

program designed to provide legal assistance to older individuals with social or economic need and has agreed, if the 

grantee is not a Legal Services Corporation project grantee, to coordinate its services with existing Legal Services 

Corporation projects in the planning and service area in 

order to concentrate the use of funds provided under this 

title on individuals with the greatest such need; and the 

area agency on aging makes a finding, after assessment, 


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pursuant to standards for service promulgated by the Assistant Secretary, that any grantee selected is the entity 

best able to provide the particular services; 

(C) the State agency will provide for the coordination 

of the furnishing of legal assistance to older individuals 

within the State, and provide advice and technical assistance in the provision of legal assistance to older individuals within the State and support the furnishing of training and technical assistance for legal assistance for older 

individuals; 

(D) the plan contains assurances, to the extent practicable, that legal assistance furnished under the plan will 

be in addition to any legal assistance for older individuals 

being furnished with funds from sources other than this 

Act and that reasonable efforts will be made to maintain 

existing levels of legal assistance for older individuals; and 

(E) the plan contains assurances that area agencies on 

aging will give priority to legal assistance related to income, health care, long-term care, nutrition, housing, utilities, protective services, defense of guardianship, abuse, 

neglect, and age discrimination. 

(12) The plan shall provide, whenever the State desires to 

provide for a fiscal year for services for the prevention of abuse 

of older individuals— 

(A) the plan contains assurances that any area agency 

on aging carrying out such services will conduct a program 

consistent with relevant State law and coordinated with 

existing State adult protective service activities for— 

(i) public education to identify and prevent abuse 

of older individuals; 

(ii) receipt of reports of abuse of older individuals; 

(iii) active participation of older individuals participating in programs under this Act through outreach, conferences, and referral of such individuals to 

other social service agencies or sources of assistance 

where appropriate and consented to by the parties to 

be referred; and 

(iv) referral of complaints to law enforcement or 

public protective service agencies where appropriate; 

(B) the State will not permit involuntary or coerced 

participation in the program of services described in this 

paragraph by alleged victims, abusers, or their households; 

and 

(C) all information gathered in the course of receiving 

reports and making referrals shall remain confidential unless all parties to the complaint consent in writing to the 

release of such information, except that such information 

may be released to a law enforcement or public protective 

service agency. 

(13) The plan shall provide assurances that each State will 

assign personnel (one of whom shall be known as a legal assistance developer) to provide State leadership in developing 

legal assistance programs for older individuals throughout the 

State. 


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(14) The plan shall, with respect to the fiscal year preceding the fiscal year for which such plan is prepared— 

(A) identify the number of low-income minority older 

individuals in the State, including the number of low-income minority older individuals with limited English proficiency; and 

(B) describe the methods used to satisfy the service 

needs of the low-income minority older individuals described in subparagraph (A), including the plan to meet 

the needs of low-income minority older individuals with 

limited English proficiency. 

(15) The plan shall provide assurances that, if a substantial number of the older individuals residing in any planning 

and service area in the State are of limited English-speaking 

ability, then the State will require the area agency on aging for 

each such planning and service area— 

(A) to utilize in the delivery of outreach services under 

section 306(a)(2)(A), the services of workers who are fluent 

in the language spoken by a predominant number of such 

older individuals who are of limited English-speaking ability; and 

(B) to designate an individual employed by the area 

agency on aging, or available to such area agency on aging 

on a full-time basis, whose responsibilities will include— 

(i) taking such action as may be appropriate to assure that counseling assistance is made available to 

such older individuals who are of limited Englishspeaking ability in order to assist such older individuals in participating in programs and receiving assistance under this Act; and 

(ii) providing guidance to individuals engaged in 

the delivery of supportive services under the area plan 

involved to enable such individuals to be aware of cultural sensitivities and to take into account effectively 

linguistic and cultural differences. 

(16) The plan shall provide assurances that the State 

agency will require outreach efforts that will— 

(A) identify individuals eligible for assistance under 

this Act, with special emphasis on— 

(i) older individuals residing in rural areas; 

(ii) older individuals with greatest economic need 

(with particular attention to low-income older individuals, including low-income minority older individuals, 

older individuals with limited English proficiency, and 

older individuals residing in rural areas); 

(iii) older individuals with greatest social need 

(with particular attention to low-income older individuals, including low-income minority older individuals, 

older individuals with limited English proficiency, and 

older individuals residing in rural areas); 

(iv) older individuals with severe disabilities; 

(v) older individuals with limited English-speaking ability; and 


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(vi) older individuals with Alzheimer’s disease and 

related disorders with neurological and organic brain 

dysfunction (and the caretakers of such individuals); 

and 

(B) inform the older individuals referred to in clauses 

(i) through (vi) of subparagraph (A), and the caretakers of 

such individuals, of the availability of such assistance. 

(17) The plan shall provide, with respect to the needs of 

older individuals with severe disabilities, assurances that the 

State will coordinate planning, identification, assessment of 

needs, and service for older individuals with disabilities with 

particular attention to individuals with severe disabilities with 

the State agencies with primary responsibility for individuals 

with disabilities, including severe disabilities, to enhance services and develop collaborative programs, where appropriate, to 

meet the needs of older individuals with disabilities. 

(18) The plan shall provide assurances that area agencies 

on aging will conduct efforts to facilitate the coordination of 

community-based, long-term care services, pursuant to section 

306(a)(7), for older individuals who— 

(A) reside at home and are at risk of institutionalization because of limitations on their ability to function independently; 

(B) are patients in hospitals and are at risk of prolonged institutionalization; or 

(C) are patients in long-term care facilities, but who 

can return to their homes if community-based services are 

provided to them. 

(19) The plan shall include the assurances and description 

required by section 705(a). 

(20) The plan shall provide assurances that special efforts 

will be made to provide technical assistance to minority providers of services. 

(21) The plan shall— 

(A) provide an assurance that the State agency will coordinate programs under this title and programs under 

title VI, if applicable; and 

(B) provide an assurance that the State agency will 

pursue activities to increase access by older individuals 

who are Native Americans to all aging programs and benefits provided by the agency, including programs and benefits provided under this title, if applicable, and specify the 

ways in which the State agency intends to implement the 

activities. 

(22) If case management services are offered to provide access to supportive services, the plan shall provide that the 

State agency shall ensure compliance with the requirements 

specified in section 306(a)(8). 

(23) The plan shall provide assurances that demonstrable 

efforts will be made— 

(A) to coordinate services provided under this Act with 

other State services that benefit older individuals; and 

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71 Sec. 307 OLDER AMERICANS ACT OF 1965 

visers in child care, youth day care, educational assistance, 

at-risk youth intervention, juvenile delinquency treatment, 

and family support programs. 

(24) The plan shall provide assurances that the State will 

coordinate public services within the State to assist older individuals to obtain transportation services associated with access 

to services provided under this title, to services under title VI, 

to comprehensive counseling services, and to legal assistance. 

(25) The plan shall include assurances that the State has 

in effect a mechanism to provide for quality in the provision of 

in-home services under this title. 

(26) The plan shall provide assurances that area agencies 

on aging will provide, to the extent feasible, for the furnishing 

of services under this Act, consistent with self-directed care. 

(27)(A) The plan shall include, at the election of the State, 

an assessment of how prepared the State is, under the State’s 

statewide service delivery model, for any anticipated change in 

the number of older individuals during the 10-year period following the fiscal year for which the plan is submitted. 

(B) Such assessment may include— 

(i) the projected change in the number of older individuals in the State; 

(ii) an analysis of how such change may affect such individuals, including individuals with low incomes, individuals with greatest economic need, minority older individuals, older individuals residing in rural areas, and older 

individuals with limited English proficiency; 

(iii) an analysis of how the programs, policies, and 

services provided by the State can be improved, including 

coordinating with area agencies on aging, and how resource levels can be adjusted to meet the needs of the 

changing population of older individuals in the State; and 

(iv) an analysis of how the change in the number of individuals age 85 and older in the State is expected to affect 

the need for supportive services. 

(28) The plan shall include information detailing how the 

State will coordinate activities, and develop long-range emergency preparedness plans, with area agencies on aging, local 

emergency response agencies, relief organizations, local governments, State agencies responsible for emergency preparedness, 

and any other institutions that have responsibility for disaster 

relief service delivery. 

(29) The plan shall include information describing the involvement of the head of the State agency in the development, 

revision, and implementation of emergency preparedness 

plans, including the State Public Health Emergency Preparedness and Response Plan. 

(30) The plan shall contain an assurance that the State 

shall prepare and submit to the Assistant Secretary annual reports that describe— 

(A) data collected to determine the services that are 

needed by older individuals whose needs were the focus of 

all centers funded under title IV in fiscal year 2019; 


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(B) data collected to determine the effectiveness of the 

programs, policies, and services provided by area agencies 

on aging in assisting such individuals; and 

(C) outreach efforts and other activities carried out to 

satisfy the assurances described in paragraphs (18) and 

(19) of section 306(a). 

(b)(1) The Assistant Secretary shall approve any State plan 

which the Assistant Secretary finds fulfills the requirements of 

subsection (a), except the Assistant Secretary may not approve 

such plan unless the Assistant Secretary determines that the formula submitted under section 305(a)(2)(D) complies with the guidelines in effect under section 305(a)(2)(C). 

(2) The Assistant Secretary, in approving any State plan under 

this section, may waive the requirement described in paragraph 

(3)(B) of subsection (a) if the State agency demonstrates to the Assistant Secretary that the service needs of older individuals residing in rural areas in the State are being met, or that the number 

of older individuals residing in such rural areas is not sufficient to 

require the State agency to comply with such requirement. 

(c)(1) The Assistant Secretary shall not make a final determination disapproving any State plan, or any modification thereof, 

or make a final determination that a State is ineligible under section 305, without first affording the State reasonable notice and opportunity for a hearing. 

(2) Not later than 30 days after such final determination, a 

State dissatisfied with such final determination may appeal such 

final determination to the Secretary for review. If the State timely 

appeals such final determination in accordance with subsection 

(e)(1), the Secretary shall dismiss the appeal filed under this paragraph. 

(3) If the State is dissatisfied with the decision of the Secretary 

after review under paragraph (2), the State may appeal such decision not later than 30 days after such decision and in the manner 

described in subsection (e). For purposes of appellate review under 

the preceding sentence, a reference in subsection (e) to the Assistant Secretary shall be deemed to be a reference to the Secretary. 

(d) Whenever the Assistant Secretary, after reasonable notice 

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

(1) the State is not eligible under section 305, 

(2) the State plan has been so changed that it no longer 

complies substantially with the provisions of subsection (a), or 

(3) in the administration of the plan there is a failure to 

comply substantially with any such provision of subsection (a), 

the Assistant Secretary shall notify such State agency that no further payments from its allotments under section 304 and section 

308 will be made to the State (or, in the Assistant Secretary’s discretion, that further payments to the State will be limited to 

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

failure), until the Assistant Secretary is satisfied that there will no 

longer be any failure to comply. Until the Assistant Secretary is so 

satisfied, no further payments shall be made to such State from its 

allotments under section 304 and section 308 (or payments shall be 

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

by such failure). The Assistant Secretary shall, in accordance with 


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73 Sec. 308 OLDER AMERICANS ACT OF 1965 

regulations the Assistant Secretary shall prescribe, disburse the 

funds so withheld directly to any public or nonprofit private organization or agency or political subdivision of such State submitting 

an approved plan in accordance with the provisions of this section. 

Any such payment shall be matched in the proportions specified in 

section 304. 

(e)(1) A State which is dissatisfied with a final action of the Assistant Secretary under subsection (b), (c), or (d) may appeal to the 

United States court of appeals for the circuit in which the State is 

located, by filing a petition with such court within 30 days after 

such final action. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Assistant Secretary, or any 

officer designated by the Assistant Secretary for such purpose. The 

Assistant Secretary thereupon shall file in the court the record of 

the proceedings on which the Assistant Secretary’s action is based, 

as provided in section 2112 of title 28, United States Code. 

(2) Upon the filing of such petition, the court shall have jurisdiction to affirm the action of the Assistant Secretary or to set it 

aside, in whole or in part, temporarily or permanently, but until 

the filing of the record, the Assistant Secretary may modify or set 

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

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

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

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

Assistant Secretary shall, within 30 days, file in the court the 

record of those further proceedings. Such new or modified findings 

of fact shall likewise be conclusive if supported by substantial evidence. The judgment of the court affirming or setting aside, in 

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

final, subject to review by the Supreme Court of the United States 

upon certiorari or certification as provided in section 1254 of title 

28, United States Code. 

(3) The commencement of proceedings under this subsection 

shall not, unless so specifically ordered by the court, operate as a 

stay of the Assistant Secretary’s action. 

(f) Neither a State, nor a State agency, may require any provider of legal assistance under this title to reveal any information 

that is protected by the attorney-client privilege. 

ø42 U.S.C. 3027¿ 

PLANNING, COORDINATION, EVALUATION, AND ADMINISTRATION OF

STATE PLANS

SEC. 308. (a)(1) Amounts available to States under subsection 

(b) may be used to make grants to States for paying such percentages as each State agency determines, but not more than 75 percent, of the cost of the administration of its State plan, including 

the preparation of the State plan, the evaluation of activities carried out under such plan, the collection of data and the carrying 

out of analyses related to the need for supportive services, nutrition 

services, and multipurpose senior centers within the State, and dissemination of information so obtained, the provision of short-term 

training to personnel of public or nonprofit private agencies and organizations engaged in the operation of programs authorized by 


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Sec. 308 OLDER AMERICANS ACT OF 1965 74 

8Margins so in law. See amendment in section 209(2)(A)(i)(II) of Public Law 116-131. 

this Act, and the carrying out of demonstration projects of statewide significance relating to the initiation, expansion, or improvement of services assisted under this title. 

(2) Any sums available to a State under subsection (b) for part 

of the cost of the administration of its State plan which the State 

determines is not needed for such purposes may be used by the 

State to supplement the amount available under section 

304(d)(1)(A) to cover part of the cost of the administration of area 

plans. 

(3) Any State which has been designated a single planning and 

service area under section 305(a)(1)(E) covering all, or substantially 

all, of the older individuals in such State, as determined by the Assistant Secretary, may elect to pay part of the costs of the administration of State and area plans either out of sums received under 

this section or out of sums made available for the administration 

of area plans under section 304(d)(1)(A), but shall not pay such 

costs out of sums received or allotted under both such sections. 

(b)(1) If for any fiscal year the aggregate amount appropriated 

under section 303 does not exceed $800,000,000, then— 

(A) except as provided in subparagraph (B), the greater 

of— 

(i) 8 5 percent of the total amount of the allotments made to a State under sections 304(a)(1) and 

373(f); or 

(ii) 8 $300,000; and 

(B) in the case of Guam, American Samoa, the United 

States Virgin Islands, the Trust Territory of the Pacific Islands, and the Commonwealth of the Northern Mariana Islands, the greater of 5 percent of such total amount or $75,000; 

shall be available to such State to carry out the purposes of this 

section. 

(2) If for any fiscal year the aggregate amount appropriated 

under section 303 exceeds $800,000,000, then— 

(A) except as provided in subparagraph (B), the greater 

of— 

(i) 8 5 percent of the total amount of the allotments made to a State under sections 304(a)(1) and 

373(f); or 

(ii) 8 $750,000; and 

(B) in the case of Guam, American Samoa, the United 

States Virgin Islands, the Trust Territory of the Pacific Islands, and the Commonwealth of the Northern Mariana Islands, the greater of 5 percent of such total amount or 

$100,000; 

shall be available to such State to carry out the purposes of this 

section. 

(3)(A) If the aggregate amount appropriated under section 303 for a fiscal year does not exceed $800,000,000, then any State 

which desires to receive amounts, in addition to amounts allotted 

to such State under paragraph (1), to be used in the administration 

of its State plan in accordance with subsection (a) may transmit an 

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75 Sec. 308 OLDER AMERICANS ACT OF 1965 

9Section 307(1)(A)(i) of the Older Americans Act Amendments of 2000 (P.L. 106–501; 114 

Stat. 2245) amends this subparagraph by striking ‘‘in its plan under section 307(a)(13) regarding 

Part C of this title,’’ The amendment could not be executed because of an incorrect reference 

to text. 

graph. Any such application shall be transmitted in such form, and 

according to such procedures, as the Assistant Secretary may require, except that such application may not be made as part of, or 

as an amendment to, the State plan. 

(B) The Assistant Secretary may approve any application 

transmitted by a State under subparagraph (A) if the Assistant 

Secretary determines, based upon a particularized showing of need 

that— 

(i) the State will be unable to fully and effectively administer its State plan and to carry out programs and projects authorized by this title unless such additional amounts are made 

available by the Assistant Secretary; 

(ii) the State is making full and effective use of its allotment under paragraph (1) and of the personnel of the State 

agency and area agencies designated under section 305(a)(2)(A) 

in the administration of its State plan in accordance with subsection (a); and 

(iii) the State agency and area agencies on aging of such 

State are carrying out, on a full-time basis, programs and activities which are in furtherance of the objectives of this Act. 

(C) The Assistant Secretary may approve that portion of the 

amount requested by a State in its application under subparagraph 

(A) which the Assistant Secretary determines has been justified in 

such application. 

(D) Amounts which any State may receive in any fiscal year 

under this paragraph may not exceed three-fourths of 1 percent of 

the sum of the amounts allotted under section 304(a) to such State 

to carry out the State plan for such fiscal year. 

(E) No application by a State under subparagraph (A) shall be 

approved unless it contains assurances that no amounts received 

by the State under this paragraph will be used to hire any individual to fill a job opening created by the action of the State in laying off or terminating the employment of any regular employee not 

supported under this Act in anticipation of filling the vacancy so 

created by hiring an employee to be supported through use of 

amounts received under this paragraph. 

(4)(A) Notwithstanding any other provision of this title and except as provided in subparagraph (B), with respect to funds received by a State and attributable to funds appropriated under 

paragraph (1) or (2) of section 303(b), the State may elect in its 

plan under section 307(a)(13) regarding part C of this title, 9 to 

transfer not more than 40 percent of the funds so received between 

subpart 1 and subpart 2 of part C, for use as the State considers 

appropriate to meet the needs of the area served. The Assistant 

Secretary shall approve any such transfer unless the Assistant Secretary determines that such transfer is not consistent with the objectives of this Act. 

(B) If a State demonstrates, to the satisfaction of the Assistant 

Secretary, that funds received by the State and attributable to 

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Sec. 308 OLDER AMERICANS ACT OF 1965 76 

cluding funds transferred under subparagraph (A) without regard 

to this subparagraph, for any fiscal year are insufficient to satisfy 

the need for services under subpart 1 or subpart 2 of part C, then 

the Assistant Secretary may grant a waiver that permits the State 

to transfer under subparagraph (A) to satisfy such need an additional 10 percent of the funds so received by a State and attributable to funds appropriated under paragraph (1) or (2) of section 

303(b). 

(C) A State’s request for a waiver under subparagraph (B) 

shall— 

(i) be not more than one page in length; 

(ii) include a request that the waiver be granted; 

(iii) specify the amount of the funds received by a State 

and attributable to funds appropriated under paragraph (1) or 

(2) of section 303(b), over the permissible 40 percent referred 

to in subparagraph (A), that the State requires to satisfy the 

need for services under subpart 1 or 2 of part C; and 

(iv) not include a request for a waiver with respect to an 

amount if the transfer of the amount would jeopardize the appropriate provision of services under subpart 1 or 2 of part C. 

(D) The State, in consultation with area agencies on aging, 

shall ensure the process used by the State in transferring funds 

under this paragraph (including requirements relating to the authority and timing of such transfers) is simplified and clarified to 

reduce administrative barriers and direct limited resources to the 

greatest nutrition service needs at the community level. Such process shall be modified to attempt to lessen the administrative barriers of such transfers, and help direct limited resources to where 

they are needed the most as the unmet need for nutrition services 

grows. 

(5)(A) Notwithstanding any other provision of this title, of the 

funds received by a State attributable to funds appropriated under 

subsection (a)(1), and paragraphs (1) and (2) of subsection (b), of 

section 303, the State may elect to transfer not more than 30 percent for any fiscal year between programs under part B and part 

C, for use as the State considers appropriate. The State shall notify 

the Assistant Secretary of any such election. 

(B) At a minimum, the notification described in subparagraph 

(A) shall include a description of the amount to be transferred, the 

purposes of the transfer, the need for the transfer, and the impact 

of the transfer on the provision of services from which the funding 

will be transferred. 

(6) A State agency may not delegate to an area agency on 

aging or any other entity the authority to make a transfer under 

paragraph (4)(A) or (5)(A). 

(7) The Assistant Secretary shall annually collect, and include 

in the report required by section 207(a), data regarding the transfers described in paragraphs (4)(A) and (5)(A), including— 

(A) the amount of funds involved in the transfers, analyzed 

by State; 

(B) the rationales for the transfers; 

(C) in the case of transfers described in paragraphs (4)(A) 

and (5)(A), the effect of the transfers of the provision of servVerDate Mar 15 2010 19:37 Apr 10, 2020 Jkt 000000 PO 00000 Frm 00076 Fmt 9001 Sfmt 9001 G:\COMP\EDVI\OAAO1.BEL HOLC

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77 Sec. 309 OLDER AMERICANS ACT OF 1965 

ices, including the effect on the number of meals served, 

under— 

(i) subpart 1 of part C; and 

(ii) subpart 2 of part C; and 

(D) in the case of transfers described in paragraph (5)(A)— 

(i) in the case of transfers to part B, information on 

the supportive services, or services provided through senior centers, for which the transfers were used; and 

(ii) the effect of the transfers on the provision of services provided under— 

(I) part B; and 

(II) part C, including the effect on the number of 

meals served. 

(8) The Assistant Secretary shall review the reports submitted 

under section 307(a)(30) and include aggregate data in the report 

required by section 207(a), including data on— 

(A) the effectiveness of the programs, policies, and services 

provided by area agencies on aging in assisting older individuals whose needs were the focus of all centers funded under 

title IV in fiscal year 2019; and 

(B) outreach efforts and other activities carried out to satisfy the assurances described in paragraphs (18) and (19) of 

section 306(a), to identify such older individuals and their service needs. 

(c) The amounts of any State’s allotment under subsection (b) 

for any fiscal year which the Assistant Secretary determines will 

not be required for that year for the purposes described in subsection (a)(1) shall be available to provide services under part B or 

part C, or both, in the State. 

ø42 U.S.C. 3028¿ 

PAYMENTS

SEC. 309. (a) Payments of grants or contracts under this title 

may be made (after necessary adjustments resulting from previously made overpayments or underpayments) in advance or by 

way of reimbursement, and in such installments, as the Assistant 

Secretary may determine. From a State’s allotment for a fiscal year 

which is available under section 308 the Assistant Secretary may 

pay to a State which does not have a State plan approved under 

section 307 such amounts as the Assistant Secretary deems appropriate for the purpose of assisting such State in developing a State 

plan. 

(b)(1) For each fiscal year, not less than 25 percent of the nonFederal share of the total expenditures under the State plan which 

is required by section 304(d) shall be met from funds from State 

or local public sources. 

(2) Funds required to meet the non-Federal share required by 

section 304(d)(1)(D), in amounts exceeding 10 percent of the cost of 

the services specified in such section 304(d)(1)(D), shall be from 

State sources. 

(c) A State’s allotment under section 304 for a fiscal year shall 

be reduced by the percentage (if any) by which its expenditures for 

such year from State sources under its State plan approved under 


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As Amended Through P.L. 116-131, Enacted March 25, 2020
Sec. 310 OLDER AMERICANS ACT OF 1965 78 

section 307 are less than its average annual expenditures from 

such sources for the period of 3 fiscal years preceding such year. 

ø42 U.S.C. 3029¿ 

DISASTER RELIEF REIMBURSEMENTS

SEC. 310. (a)(1) The Assistant Secretary may provide reimbursements to any State (or to any tribal organization receiving a 

grant under title VI), upon application for such reimbursement, for 

funds such State makes available to area agencies on aging in such 

State (or funds used by such tribal organization) for the delivery 

of supportive services (and related supplies) during any major disaster declared by the President in accordance with the Robert T. 

Stafford Relief and Emergency Assistance Act. 

(2) Total payments to all States and such tribal organizations 

under paragraph (1) in any fiscal year shall not exceed 2 percent 

of the total amount appropriated and available to carry out title IV. 

(3) If the Assistant Secretary decides, in the 5-day period beginning on the date such disaster is declared by the President, to 

provide an amount of reimbursement under paragraph (1) to a 

State or such tribal organization, then the Assistant Secretary 

shall provide not less than 75 percent of such amount to such State 

or such tribal organization not later than 5 days after the date of 

such decision. 

(b)(1) At the beginning of each fiscal year the Assistant Secretary shall set aside, for payment to States and such tribal organizations under subsection (a), an amount equal to 2 percent of the 

total amount appropriated and available to carry out title IV. 

(2) Amounts set aside under paragraph (1) which are not obligated by the end of the third quarter of any fiscal year shall be 

made available to carry out title IV. 

(c) Nothing in this section shall be construed to prohibit expenditures by States and such tribal organizations for disaster relief for older individuals in excess of amounts reimbursable under 

this section, by using funds made available to them under other 

sections of this Act or under other provisions of Federal or State 

law, or from private sources. 

ø42 U.S.C. 3030¿ 

NUTRITION SERVICES INCENTIVE PROGRAM

SEC. 311. (a) The purpose of this section is to provide incentives to encourage and reward effective performance by States and 

tribal organizations in the efficient delivery of nutritious meals to 

older individuals. 

(b)(1) The Secretary shall allot and provide, in accordance with 

this section, to or on behalf of each State agency with a plan approved under this title for a fiscal year, and to or on behalf of each 

grantee with an application approved under title VI for such fiscal 

year, an amount bearing the same ratio to the total amount appropriated for such fiscal year under subsection (e) as the number of 

meals served in the State under such plan approved for the preceding fiscal year (or the number of meals served by the title VI 

grantee, under such application approved for such preceding fiscal 

year), bears to the total number of such meals served in all States 


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As Amended Through P.L. 116-131, Enacted March 25, 2020
79 Sec. 311 OLDER AMERICANS ACT OF 1965 

and by all title VI grantees under all such plans and applications 

approved for such preceding fiscal year. 

(2) For purposes of paragraph (1), in the case of a grantee that 

has an application approved under title VI for a fiscal year but that 

did not receive assistance under this section for the preceding fiscal 

year, the number of meals served by the title VI grantee for the 

preceding fiscal year shall be deemed to equal the number of meals 

that the Assistant Secretary estimates will be served by the title 

VI grantee in the fiscal year for which the application was approved. 

(c)(1) Agricultural commodities (including bonus commodities) 

and products purchased by the Secretary of Agriculture under section 32 of the Act of August 24, 1935 (7 U.S.C. 612c), shall be donated to a recipient of a grant or contract to be used for providing 

nutrition services in accordance with the provisions of this title. 

(2) The Commodities Credit Corporation shall dispose of food 

commodities (including bonus commodities) under section 416 of 

the Agricultural Act of 1949 (7 U.S.C. 1431) by donating them to 

a recipient of a grant or contract to be used for providing nutrition 

services in accordance with the provisions of this title. 

(3) Dairy products (including bonus commodities) purchased by 

the Secretary of Agriculture under section 709 of the Food and Agriculture Act of 1965 (7 U.S.C. 1446a–1) shall be used to meet the 

requirements of programs providing nutrition services in accordance with the provisions of this title. 

(4) Among the commodities provided under this subsection, the 

Secretary of Agriculture shall give special emphasis to foods of high 

nutritional value to support the health of older individuals. The 

Secretary of Agriculture, in consultation with the Assistant Secretary, is authorized to prescribe the terms and conditions respecting the provision of commodities under this subsection. 

(d)(1) Each State agency and each title VI grantee shall be entitled to use all or any part of amounts allotted under subsection 

(b) to obtain, subject to paragraphs (2) and (3), from the Secretary 

of Agriculture commodities available through any food program of 

the Department of Agriculture at the rates at which such commodities are valued for purposes of such program. 

(2) The Secretary of Agriculture shall determine and report to 

the Secretary, by such date as the Secretary may require, the 

amount (if any) of its allotment under subsection (b) which each 

State agency and title VI grantee has elected to receive in the form 

of commodities. Such amount shall include an amount bearing the 

same ratio to the costs to the Secretary of Agriculture of providing 

such commodities under this subsection as the value of commodities received by such State agency or title VI grantee under this 

subsection bears to the total value of commodities so received. 

(3) From the allotment under subsection (b) for each State 

agency and title VI grantee, the Secretary shall transfer funds to 

the Secretary of Agriculture for the costs of commodities received 

by such State agency or grantee, and expenses related to the procurement of the commodities on behalf of such State agency or 

grantee, under this subsection, and shall then pay the balance (if 

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As Amended Through P.L. 116-131, Enacted March 25, 2020
Sec. 312 OLDER AMERICANS ACT OF 1965 80 

ities shall be mutually agreed on by the Secretary and the Secretary of Agriculture. The transfer of funds for the costs of the commodities and the related expenses shall occur in a timely manner 

after the Secretary of Agriculture submits the corresponding report 

described in paragraph (2), and shall be subject to the availability 

of appropriations. Amounts received by the Secretary of Agriculture 

pursuant to this section to make commodity purchases for a fiscal 

year for a State agency or title VI grantee shall remain available, 

only for the next fiscal year, to make commodity purchases for that 

State agency or grantee pursuant to this section. 

(4) Each State agency and title VI grantee shall promptly and 

equitably disburse amounts received under this subsection to recipients of grants and contracts. Such disbursements shall only be 

used by such recipients of grants or contracts to purchase domestically produced foods for their nutrition projects. 

(5) Nothing in this subsection shall be construed to require any 

State agency or title VI grantee to elect to receive cash payments 

under this subsection. 

(e) There are authorized to be appropriated to carry out this 

section (other than subsection (c)(1)) $171,273,830 for fiscal year 

2020, $181,550,260 for fiscal year 2021, $192,443,275 for fiscal year 

2022, $203,989,872 for fiscal year 2023, and $216,229,264 for fiscal 

year 2024. 

(f) In each fiscal year, the Secretary and the Secretary of Agriculture shall jointly disseminate to State agencies, title VI grantees, area agencies on aging, and providers of nutrition services assisted under this title, information concerning the foods available 

to such State agencies, title VI grantees, area agencies on aging, 

and providers under subsection (c). 

ø42 U.S.C. 3030a¿ 

MULTIPURPOSE SENIOR CENTERS: RECAPTURE OF PAYMENTS

SEC. 312. If, within 10 years after acquisition, or within 20 

years after the completion of construction, of any facility for which 

funds have been paid under this title— 

(1) the owner of the facility ceases to be a public or nonprofit private agency or organization; or 

(2) the facility ceases to be used for the purposes for which 

it was acquired (unless the Assistant Secretary determines, in 

accordance with regulations, that there is good cause for releasing the applicant or other owner from the obligation to do 

so); 

the United States shall be entitled to recover from the applicant or 

other owner of the facility an amount which bears to the then value 

of the facility (or so much thereof as constituted an approved 

project or projects) the same ratio as the amount of such Federal 

funds bore to the cost of the facility financed with the aid of such 

funds. Such value shall be determined by agreement of the parties 

or by action brought in the United States district court for the district in which such facility is situated. 

ø42 U.S.C. 3030b¿ 


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81 Sec. 315 OLDER AMERICANS ACT OF 1965 

AUDIT

SEC. 313. (a) The Assistant Secretary and the Comptroller 

General of the United States or any of their duly authorized representatives shall have access for the purpose of audit and examination to any books, documents, papers, and records that are pertinent to a grant or contract received under this title. 

(b) State agencies and area agencies on aging shall not request 

information or data from providers which is not pertinent to services furnished pursuant to this Act or a payment made for such 

services. 

ø42 U.S.C. 3030c¿ 

SEC. 314. RIGHTS RELATING TO IN-HOME SERVICES FOR FRAIL OLDER 

INDIVIDUALS. 

The Assistant Secretary shall require entities that provide inhome services under this title to promote the rights of each older 

individual who receives such services. Such rights include the following: 

(1) The right— 

(A) to be fully informed in advance about each in-home 

service provided by such entity under this title and about 

any change in such service that may affect the well-being 

of such individual; and 

(B) to participate in planning and changing an inhome service provided under this title by such entity unless such individual is judicially adjudged incompetent. 

(2) The right to voice a grievance with respect to such 

service that is or fails to be so provided, without discrimination 

or reprisal as a result of voicing such grievance. 

(3) The right to confidentiality of records relating to such 

individual. 

(4) The right to have the property of such individual treated with respect. 

(5) The right to be fully informed (orally and in writing), 

in advance of receiving an in-home service under this title, of 

such individual’s rights and obligations under this title. 

ø42 U.S.C. 3030c–1¿ 

SEC. 315. CONSUMER CONTRIBUTIONS. 

(a) COST SHARING.— 

(1) IN GENERAL.—Except as provided in paragraphs (2) and 

(3), a State is permitted to implement cost sharing for all services funded by this Act by recipients of the services. 

(2) EXCEPTION.—The State is not permitted to implement 

the cost sharing described in paragraph (1) for the following 

services: 

(A) Information and assistance, outreach, benefits 

counseling, or case management services. 

(B) Ombudsman, elder abuse prevention, legal assistance, or other consumer protection services. 

(C) Congregate and home delivered meals. 

(D) Any services delivered through tribal organizations. 


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(3) PROHIBITIONS.—A State or tribal organization shall not 

permit the cost sharing described in paragraph (1) for any 

services delivered through tribal organizations. A State shall 

not permit cost sharing by a low-income older individual if the 

income of such individual is at or below the Federal poverty 

line. A State may exclude from cost sharing low-income individuals whose incomes are above the Federal poverty line. A 

State shall not consider any assets, savings, or other property 

owned by older individuals when defining low-income individuals who are exempt from cost sharing, when creating a sliding 

scale for the cost sharing, or when seeking contributions from 

any older individual. 

(4) PAYMENT RATES.—If a State permits the cost sharing 

described in paragraph (1), such State shall establish a sliding 

scale, based solely on individual income and the cost of delivering services. 

(5) REQUIREMENTS.—If a State permits the cost sharing described in paragraph (1), such State shall require each area 

agency on aging in the State to ensure that each service provider involved, and the area agency on aging, will— 

(A) protect the privacy and confidentiality of each 

older individual with respect to the declaration or nondeclaration of individual income and to any share of costs 

paid or unpaid by an individual; 

(B) establish appropriate procedures to safeguard and 

account for cost share payments; 

(C) use each collected cost share payment to expand 

the service for which such payment was given; 

(D) not consider assets, savings, or other property 

owned by an older individual in determining whether cost 

sharing is permitted; 

(E) not deny any service for which funds are received 

under this Act for an older individual due to the income 

of such individual or such individual’s failure to make a 

cost sharing payment; 

(F) determine the eligibility of older individuals to cost 

share solely by a confidential declaration of income and 

with no requirement for verification; and 

(G) widely distribute State created written materials 

in languages reflecting the reading abilities of older individuals that describe the criteria for cost sharing, the 

State’s sliding scale, and the mandate described under 

subparagraph (E). 

(6) WAIVER.—An area agency on aging may request a 

waiver to the State’s cost sharing policies, and the State shall 

approve such a waiver if the area agency on aging can adequately demonstrate that— 

(A) a significant proportion of persons receiving services under this Act subject to cost sharing in the planning 

and service area have incomes below the threshold established in State policy; or 

(B) cost sharing would be an unreasonable administrative or financial burden upon the area agency on aging. 

(b) VOLUNTARY CONTRIBUTIONS.— 


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(1) IN GENERAL.—Voluntary contributions shall be allowed 

and may be solicited for all services for which funds are received under this Act if the method of solicitation is noncoercive. Such contributions shall be encouraged for individuals 

whose self-declared income is at or above 185 percent of the 

poverty line, at contribution levels based on the actual cost of 

services. 

(2) LOCAL DECISION.—The area agency on aging shall consult with the relevant service providers and older individuals 

in agency’s planning and service area in a State to determine 

the best method for accepting voluntary contributions under 

this subsection. 

(3) PROHIBITED ACTS.—The area agency on aging and service providers shall not means test for any service for which 

contributions are accepted or deny services to any individual 

who does not contribute to the cost of the service. 

(4) REQUIRED ACTS.—The area agency on aging shall ensure that each service provider will— 

(A) provide each recipient with an opportunity to voluntarily contribute to the cost of the service; 

(B) clearly inform each recipient that there is no obligation to contribute and that the contribution is purely 

voluntary; 

(C) protect the privacy and confidentiality of each recipient with respect to the recipient’s contribution or lack 

of contribution; 

(D) establish appropriate procedures to safeguard and 

account for all contributions; and 

(E) use all collected contributions to expand the service for which the contributions were given and to supplement (not supplant) funds received under this Act. 

(c) PARTICIPATION.— 

(1) IN GENERAL.—The State and area agencies on aging, in 

conducting public hearings on State and area plans, shall solicit the views of older individuals, providers, and other stakeholders on implementation of cost-sharing in the service area 

or the State. 

(2) PLANS.—Prior to the implementation of cost sharing 

under subsection (a), each State and area agency on aging 

shall develop plans that are designed to ensure that the participation of low-income older individuals (with particular attention to low-income older individuals, including low-income 

minority older individuals, older individuals with limited 

English proficiency, and older individuals residing in rural 

areas) receiving services will not decrease with the implementation of the cost sharing under such subsection. 

(d) EVALUATION.—Not later than 1 year after the date of the 

enactment of the Older Americans Act Amendments of 2000, and 

annually thereafter, the Assistant Secretary shall conduct a comprehensive evaluation of practices for cost sharing to determine its 

impact on participation rates (with particular attention to low-income older individuals, including low-income minority older individuals, older individuals with limited English proficiency, and 

older individuals residing in rural areas). If the Assistant Secretary 


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finds that there is a disparate impact upon low-income or minority 

older individuals or older individuals residing in rural areas in any 

State or region within the State regarding the provision of services, 

the Assistant Secretary shall take corrective action to assure that 

such services are provided to all older individuals without regard 

to the cost sharing criteria. 

(e) RESPONSE TO AREA AGENCIES ON AGING.— 

(1) IN GENERAL.—Upon request from an area agency on 

aging, the State shall make available any policies or guidance 

pertaining to policies established under this section. 

(2) RULE OF CONSTRUCTION.—Nothing in paragraph (1) 

shall require a State to develop policies or guidance pertaining 

to policies established under this section. 

ø42 U.S.C. 3030c–2¿ 

SEC. 316. WAIVERS. 

(a) IN GENERAL.—The Assistant Secretary may waive any of 

the provisions specified in subsection (b) with respect to a State, 

upon receiving an application by the State agency containing or accompanied by documentation sufficient to establish, to the satisfaction of the Assistant Secretary, that— 

(1) approval of the State legislature has been obtained or 

is not required with respect to the proposal for which waiver 

is sought; 

(2) the State agency has collaborated with the area agencies on aging in the State and other organizations that would 

be affected with respect to the proposal for which waiver is 

sought; 

(3) the proposal has been made available for public review 

and comment, including the opportunity for a public hearing 

upon request, within the State (and a summary of all of the 

comments received has been included in the application); and 

(4) the State agency has given adequate consideration to 

the probable positive and negative consequences of approval of 

the waiver application, and the probable benefits for older individuals can reasonably be expected to outweigh any negative 

consequences, or particular circumstances in the State otherwise justify the waiver. 

(b) REQUIREMENTS SUBJECT TO WAIVER.—The provisions of this 

title that may be waived under this section are— 

(1) any provision of sections 305, 306, and 307 requiring 

statewide uniformity of programs carried out under this title, 

to the extent necessary to permit demonstrations, in limited 

areas of a State, of innovative approaches to assist older individuals; 

(2) any area plan requirement described in section 306(a) 

if granting the waiver will promote innovations or improve 

service delivery and will not diminish services already provided 

under this Act; 

(3) any State plan requirement described in section 307(a) 

if granting the waiver will promote innovations or improve 

service delivery and will not diminish services already provided 

under this Act; 


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(4) any restriction under paragraph (5) of section 308(b), 

on the amount that may be transferred between programs carried out under part B and part C; and 

(5) the requirement of section 309(c) that certain amounts 

of a State allotment be used for the provision of services, with 

respect to a State that reduces expenditures under the State 

plan of the State (but only to the extent that the non-Federal 

share of the expenditures is not reduced below any minimum 

specified in section 304(d) or any other provision of this title). 

(c) DURATION OF WAIVER.—The application by a State agency 

for a waiver under this section shall include a recommendation as 

to the duration of the waiver (not to exceed the duration of the 

State plan of the State). The Assistant Secretary, in granting such 

a waiver, shall specify the duration of the waiver, which may be 

the duration recommended by the State agency or such shorter 

time period as the Assistant Secretary finds to be appropriate. 

(d) REPORTS TO SECRETARY.—With respect to each waiver 

granted under this section, not later than 1 year after the expiration of such waiver, and at any time during the waiver period that 

the Assistant Secretary may require, the State agency shall prepare and submit to the Assistant Secretary a report evaluating the 

impact of the waiver on the operation and effectiveness of programs 

and services provided under this title. 

ø42 U.S.C. 3030c–3¿ 

PART B—SUPPORTIVE SERVICES AND SENIOR CENTERS

PROGRAM AUTHORIZED

SEC. 321. (a) The Assistant Secretary shall carry out a program for making grants to States under State plans approved 

under section 307 for any of the following supportive services: 

(1) health (including mental and behavioral health), education and training, welfare, informational, recreational, homemaker, counseling, referral, chronic condition self-care management, or falls prevention services; 

(2) transportation services to facilitate access to supportive 

services or nutrition services, and services provided by an area 

agency on aging, in conjunction with local transportation service providers, public transportation agencies, and other local 

government agencies, that result in increased provision of such 

transportation services for older individuals; 

(3) services designed to encourage and assist older individuals to use the facilities and services (including information 

and assistance services) available to them, including language 

translation services to assist older individuals with limitedEnglish speaking ability to obtain services under this title; 

(4) services designed (A) to assist older individuals to obtain adequate housing, including residential repair and renovation projects designed to enable older individuals to maintain 

their homes in conformity with minimum housing standards; 

(B) to adapt homes to meet the needs of older individuals who 

have physical disabilities; (C) to prevent unlawful entry into 

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rity devices and through structural modifications or alterations 

of such residences; or (D) to assist older individuals in obtaining housing for which assistance is provided under programs of 

the Department of Housing and Urban Development; 

(5) services designed to assist older individuals in avoiding 

institutionalization and to assist individuals in long-term care 

institutions who are able to return to their communities, including— 

(A) client assessment, case management services, and 

development and coordination of community services; 

(B) supportive activities to meet the special needs of 

caregivers, including caretakers who provide in-home services to frail older individuals; and 

(C) in-home services and other community services, including home health, homemaker, shopping, escort, reader, 

and letter writing services, to assist older individuals to 

live independently in a home environment; 

(6) services designed to provide to older individuals legal 

assistance and other counseling services and assistance, including— 

(A) tax counseling and assistance, financial counseling, 

and counseling regarding appropriate health and life insurance coverage; 

(B) representation— 

(i) of individuals who are wards (or are allegedly 

incapacitated); and 

(ii) in guardianship proceedings of older individuals who seek to become guardians, if other adequate 

representation is unavailable in the proceedings; and 

(C) provision, to older individuals who provide uncompensated care to their adult children with disabilities, of 

counseling to assist such older individuals with permanency planning for such children; 

(7) services designed to enable older individuals to attain 

and maintain physical and mental well-being through programs of regular physical activity, exercise, music therapy, art 

therapy, cultural experiences (including the arts), and dancemovement therapy; 

(8) services designed to provide health screening (including 

mental and behavioral health screening, screening for negative 

health effects associated with social isolation, falls prevention 

services screening, and traumatic brain injury screening) to detect or prevent (or both) illnesses and injuries that occur most 

frequently in older individuals; 

(9) services designed to provide, for older individuals, preretirement counseling and assistance in planning for and assessing future post-retirement needs with regard to public and 

private insurance, public benefits, lifestyle changes, relocation, 

legal matters, leisure time, and other appropriate matters; 

(10) services of an ombudsman at the State level to receive, investigate, and act on complaints by older individuals 

who are residents of long-term care facilities and to advocate 

for the well-being of such individuals; 


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(11) provision of services and assistive devices (including 

provision of assistive technology services and assistive technology devices) which are designed to meet the unique needs 

of older individuals who are disabled, and of older individuals 

who provide uncompensated care to their adult children with 

disabilities; 

(12) services to encourage the employment of older workers, including job and second career counseling and, where appropriate, job development, referral, and placement, and including the coordination of the services with programs administered by or receiving assistance from the Department of 

Labor, including programs carried out under the Workforce Innovation and Opportunity Act; 

(13) crime prevention services and victim assistance programs for older individuals; 

(14) a program, to be known as ‘‘Senior Opportunities and 

Services’’, designed to identify and meet the needs of low-income older individuals in one or more of the following areas: 

(A) development and provision of new volunteer services; (B) 

effective referral to existing health (including mental and behavioral health), employment, housing, legal, consumer, transportation, and other services; (C) stimulation and creation of 

additional services and programs to remedy gaps and deficiencies in presently existing services and programs; and (D) 

such other services as the Assistant Secretary may determine 

are necessary or especially appropriate to meet the needs of 

low-income older individuals and to assure them greater selfsufficiency; 

(15) services for the prevention of abuse of older individuals in accordance with chapter 3 of subtitle A of title VII and 

section 307(a)(12), and screening for elder abuse, neglect, and 

exploitation; 

(16) in service training and State leadership for legal assistance activities; 

(17) health and nutrition education services, including information concerning prevention, diagnosis, treatment, and rehabilitation of age-related diseases and chronic disabling conditions; 

(18) services designed to enable mentally impaired older 

individuals to attain and maintain emotional well-being and 

independent living through a coordinated system of support 

services; 

(19) services designed to support family members and 

other persons providing voluntary care to older individuals 

that need long-term care services; 

(20) services designed to provide information and training 

for individuals who are or may become guardians or representative payees of older individuals, including information on the 

powers and duties of guardians and representative payees and 

on alternatives to guardianships; 

(21) services to encourage and facilitate regular interaction 

between students and older individuals, including services for 

older individuals with limited English proficiency and visits in 


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10The amendment provided by section 4(g)(3) of Public Law 114–144 to insert before the period the following: ‘‘, and pursue opportunities for the development of intergenerational shared 

site models for programs or projects, consistent with the purposes of this Act’’ did not specify 

to which occurrence of the period in subsection (c) in which to carry out this amendment; howlong-term care facilities, multipurpose senior centers, and 

other settings; 

(22) in-home services for frail older individuals, including 

individuals with Alzheimer’s disease and related disorders with 

neurological and organic brain dysfunction, and their families, 

including in-home services defined by a State agency in the 

State plan submitted under section 307, taking into consideration the age, economic need, and noneconomic and nonhealth 

factors contributing to the frail condition and need for services 

of the individuals described in this paragraph, and in-home 

services defined by an area agency on aging in the area plan 

submitted under section 306; 

(23) services designed to support States, area agencies on 

aging, and local service providers in carrying out and coordinating activities for older individuals with respect to mental 

and behavioral health services, including outreach for, education concerning, and screening for such services, and referral 

to such services for treatment; 

(24) activities to promote and disseminate information 

about life-long learning programs, including opportunities for 

distance learning; 

(25) services that promote or support social connectedness 

and reduce negative health effects associated with social isolation; and 

(26) any other services necessary for the general welfare of 

older individuals; 

if such services meet standards prescribed by the Assistant Secretary and are necessary for the general welfare of older individuals. For purposes of paragraph (5), the term ‘‘client assessment 

through case management’’ includes providing information relating 

to assistive technology. 

(b)(1) The Assistant Secretary shall carry out a program for 

making grants to States under State plans approved under section 

307 for the acquisition, alteration, or renovation of existing facilities, including mobile units, and, where appropriate, construction 

or modernization of facilities to serve as multipurpose senior centers. 

(2) Funds made available to a State under this part may be 

used for the purpose of assisting in the operation of multipurpose 

senior centers and meeting all or part of the costs of compensating 

professional and technical personnel required for the operation of 

multipurpose senior centers. 

(c) In carrying out the provisions of this part, to more efficiently and effectively deliver services to older individuals, each 

area agency on aging shall coordinate services described in subsection (a) with other community agencies and voluntary organizations providing the same services, and pursue opportunities for the 

development of intergenerational shared site models for programs 

or projects, consistent with the purposes of this Act 10. In coordiVerDate Mar 15 2010 19:37 Apr 10, 2020 Jkt 000000 PO 00000 Frm 00088 Fmt 9001 Sfmt 9001 G:\COMP\EDVI\OAAO1.BEL HOLC

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89 Sec. 331 OLDER AMERICANS ACT OF 1965 

ever, such amendment was executed to the first sentence (or to the first occurrence of a period) 

in the version shown above. 

nating the services, the area agency on aging shall make efforts to 

coordinate the services with agencies and organizations carrying 

out intergenerational programs or projects 10. 

(d) Funds made available under this part shall supplement, 

and not supplant, any Federal, State, or local funds expended by 

a State or unit of general purpose local government (including an 

area agency on aging) to provide services described in subsection 

(a). 

(e) In this section, the term ‘‘adult child with a disability’’ 

means a child who— 

(1) is age 18 or older; 

(2) is financially dependent on an older individual who is 

a parent of the child; and 

(3) has a disability. 

ø42 U.S.C. 3030d¿ 

PART C—NUTRITION SERVICE

SEC. 330. PURPOSES. 

The purposes of this part are— 

(1) to reduce hunger, food insecurity, and malnutrition; 

(2) to promote socialization of older individuals; and 

(3) to promote the health and well-being of older individuals by assisting such individuals to gain access to nutrition 

and other disease prevention and health promotion services to 

delay the onset of adverse health conditions resulting from 

poor nutritional health or sedentary behavior. 

ø42 U.S.C. 3030d–21¿ 

Subpart 1—Congregate Nutrition Services 

PROGRAM AUTHORIZED

SEC. 331. The Assistant Secretary shall carry out a program 

for making grants to States under State plans approved under section 307 for the establishment and operation of nutrition projects 

that— 

(1) 5 or more days a week (except in a rural area where 

such frequency is not feasible (as defined by the Assistant Secretary by regulation) and a lesser frequency is approved by the 

State agency), provide at least one hot or other appropriate 

meal per day and any additional meals which the recipient of 

a grant or contract under this subpart may elect to provide; 

(2) shall be provided in congregate settings, including 

adult day care facilities and multigenerational meal sites; and 

(3) provide nutrition education, nutrition counseling, and 

other nutrition services, as appropriate, based on the needs of 

meal participants. 

ø42 U.S.C. 3030e¿ 


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Sec. 336 OLDER AMERICANS ACT OF 1965 90 

Subpart 2—Home Delivered Nutrition Services 

SEC. 336. PROGRAM AUTHORIZED. 

The Assistant Secretary shall establish and carry out a program to make grants to States under State plans approved under 

section 307 for the establishment and operation of nutrition 

projects for older individuals that provide— 

(1) on 5 or more days a week (except in a rural area where 

such frequency is not feasible (as defined by the Assistant Secretary by rule) and a lesser frequency is approved by the State 

agency) at least 1 home delivered meal per day, which may 

consist of hot, cold, frozen, dried, canned, or fresh foods and, 

as appropriate, supplemental foods, and any additional meals 

that the recipient of a grant or contract under this subpart 

elects to provide; and 

(2) nutrition education, nutrition counseling, and other nutrition services, as appropriate, based on the needs of meal recipients. 

ø42 U.S.C. 3030f¿ 

SEC. 337. CRITERIA. 

The Assistant Secretary, in consultation with recognized experts in the fields of nutrition science, dietetics, meal planning and 

food service management, and aging, shall develop minimum criteria of efficiency and quality for the furnishing of home delivered 

meal services for projects described in section 336. 

ø42 U.S.C. 3030g¿ 

Subpart 3—General Provisions 

SEC. 339. NUTRITION. 

A State that establishes and operates a nutrition project under 

this chapter shall— 

(1) utilize the expertise of a dietitian or other individual 

with equivalent education and training in nutrition science, or 

if such an individual is not available, an individual with comparable expertise in the planning of nutritional services, and 

(2) ensure that the project— 

(A) provides meals that— 

(i) comply with the most recent Dietary Guidelines 

for Americans, published by the Secretary and the 

Secretary of Agriculture, and 

(ii) provide to each participating older individual— 

(I) a minimum of 331⁄3 percent of the dietary 

reference intakes established by the Food and Nutrition Board of the National Academies of 

Sciences, Engineering, and Medicine, if the project 

provides one meal per day, 

(II) a minimum of 662⁄3 percent of the allowances if the project provides two meals per day, 

and 

(III) 100 percent of the allowances if the 

project provides three meals per day, and 


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(iii) to the maximum extent practicable, are adjusted to meet any special dietary needs of program 

participants, including meals adjusted for cultural considerations and preferences and medically tailored 

meals, 

(B) provides flexibility to local nutrition providers in 

designing meals that are appealing to program participants, 

(C) encourages providers to enter into contracts that 

limit the amount of time meals must spend in transit before they are consumed, 

(D) where feasible, encourages joint arrangements 

with schools and other facilities serving meals to children 

in order to promote intergenerational meal programs, 

(E) provides that meals, other than in-home meals, are 

provided in settings in as close proximity to the majority 

of eligible older individuals’ residences as feasible, 

(F) comply with applicable provisions of State or local 

laws regarding the safe and sanitary handling of food, 

equipment, and supplies used in the storage, preparation, 

service, and delivery of meals to an older individual, 

(G) ensures that meal providers solicit the advice and 

expertise of— 

(i) a dietitian or other individual described in 

paragraph (1), 

(ii) meal participants, and 

(iii) other individuals knowledgeable with regard 

to the needs of older individuals, 

(H) ensures that each participating area agency on 

aging establishes procedures that allow nutrition project 

administrators the option to offer a meal, on the same 

basis as meals provided to participating older individuals, 

to individuals providing volunteer services during the meal 

hours, and to individuals with disabilities who reside at 

home with older individuals eligible under this chapter, 

(I) ensures that nutrition services will be available to 

older individuals and to their spouses, and may be made 

available to individuals with disabilities who are not older 

individuals but who reside in housing facilities occupied 

primarily by older individuals at which congregate nutrition services are provided, 

(J) provides for nutrition screening and nutrition education, and nutrition assessment and counseling if appropriate, 

(K) encourages individuals who distribute nutrition 

services under subpart 2 to provide, to homebound older 

individuals, available medical information approved by 

health care professionals, such as informational brochures 

and information on how to get vaccines, including vaccines 

for influenza, pneumonia, and shingles, in the individuals’ 

communities, and 

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Sec. 339A OLDER AMERICANS ACT OF 1965 92 

ships and contracts with local producers and providers of 

locally grown foods. 

ø42 U.S.C. 3030g–21¿ 

SEC. 339A. PAYMENT REQUIREMENT. 

Payments made by a State agency or an area agency on aging 

for nutrition services (including meals) provided under part A, B, 

or C may not be reduced to reflect any increase in the level of assistance provided under section 311. 

ø42 U.S.C. 3030g–22¿ 

SEC. 339B. NUTRITION SERVICES IMPACT STUDY. 

(a) STUDY.— 

(1) IN GENERAL.—The Assistant Secretary shall perform a 

study to assess how to measure and evaluate the discrepancy 

between available services and the demand for such services in 

the home delivered nutrition services program and the congregate nutrition services program under this part, which shall 

include assessing various methods (such as those that States 

use) to measure and evaluate the discrepancy (such as measurement through the length of waitlists). 

(2) CONTENTS.—In performing the study, the Assistant 

Secretary shall— 

(A) consider means of obtaining information in rural 

and underserved communities; and 

(B) consider using existing tools (existing as of the 

date the Assistant Secretary begins the study) such as the 

tools developed through the Performance Outcome Measurement Project. 

(3) ANALYSIS.—The Assistant Secretary shall analyze and 

determine which methods are the least burdensome and most 

effective for measuring and evaluating the discrepancy described in paragraph (1). 

(b) RECOMMENDATIONS.— 

(1) PREPARATION.—Not later than 3 years after the date of 

enactment of the Supporting Older Americans Act of 2020, the 

Assistant Secretary shall prepare recommendations— 

(A) on how to measure and evaluate, with the least 

burden and the most effectiveness, the discrepancy described in subsection (a)(1) (such as measurement through 

the length of waitlists); and 

(B) about whether studies similar to the study described in subsection (a) should be carried out for programs carried out under this Act, other than this part. 

(2) ISSUANCE.—The Assistant Secretary shall issue the recommendations, and make the recommendations available as a 

notification pursuant to section 202(a)(34) and to the committees of the Senate and of the House of Representatives with jurisdiction over this Act, and the Special Committee on Aging 

of the Senate. 

ø42 U.S.C. 3030g-23¿ 


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PART D—EVIDENCE-BASED DISEASE PREVENTION AND HEALTH

PROMOTION SERVICES

PROGRAM AUTHORIZED

SEC. 361. (a) The Assistant Secretary shall carry out a program for making grants to States under State plans approved 

under section 307 to provide evidence-based disease prevention and 

health promotion services and information at multipurpose senior 

centers, at congregate meal sites, through home delivered meals 

programs, or at other appropriate sites. In carrying out such program, the Assistant Secretary shall provide technical assistance on 

the delivery of evidence-based disease prevention and health promotion services in different settings and for different populations, 

and consult with the Directors of the Centers for Disease Control 

and Prevention and the National Institute on Aging. 

(b) The Assistant Secretary shall, to the extent possible, assure 

that services provided by other community organizations and agencies are used to carry out the provisions of this part. 

(c) The Assistant Secretary shall work in consultation with 

qualified experts to provide information on methods of improving 

indoor air quality in buildings where older individuals congregate. 

ø42 U.S.C. 3030m¿ 

DISTRIBUTION TO AREA AGENCIES ON AGING

SEC. 362. The State agency shall give priority, in carrying out 

this part, to areas of the State— 

(1) which are medically underserved; and 

(2) in which there are a large number of older individuals 

who have the greatest economic need for such services. 

ø42 U.S.C. 3030n¿ 

PART E—NATIONAL FAMILY CAREGIVER 

SUPPORT PROGRAM 

SEC. 371. SHORT TITLE. 

This part may be cited as the ‘‘National Family Caregiver Support Act’’. 

ø42 U.S.C. 3001 note¿ 

SEC. 372. DEFINITIONS. 

(a) IN GENERAL.—In this part: 

(1) CAREGIVER ASSESSMENT.—The term ‘‘caregiver assessment’’ means a defined process of gathering information to 

identify the specific needs, barriers to carrying out caregiving 

responsibilities, and existing supports of a family caregiver or 

older relative caregiver, as identified by the caregiver involved, 

to appropriately target recommendations for support services 

described in section 373(b). Such assessment shall be administered through direct contact with the caregiver, which may include contact through a home visit, the Internet, telephone or 

teleconference, or in-person interaction. 


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(2) CHILD.—The term ‘‘child’’ means an individual who is 

not more than 18 years of age. 

(3) INDIVIDUAL WITH A DISABILITY.—The term ‘‘individual 

with a disability’’ means an individual with a disability, as defined in section 3 of the Americans with Disabilities Act of 

1990 (42 U.S.C. 12102), who is not less than age 18 and not 

more than age 59. 

(4) OLDER RELATIVE CAREGIVER.—The term ‘‘older relative 

caregiver’’ means a caregiver who— 

(A)(i) is age 55 or older; and 

(ii) lives with, is the informal provider of in-home and 

community care to, and is the primary caregiver for, a 

child or an individual with a disability; 

(B) in the case of a caregiver for a child— 

(i) is the grandparent, stepgrandparent, or other 

relative (other than the parent) by blood, marriage, or 

adoption, of the child; 

(ii) is the primary caregiver of the child because 

the biological or adoptive parents are unable or unwilling to serve as the primary caregivers of the child; and 

(iii) has a legal relationship to the child, such as 

legal custody, adoption, or guardianship, or is raising 

the child informally; and 

(C) in the case of a caregiver for an individual with a 

disability, is the parent, grandparent, or other relative by 

blood, marriage, or adoption, of the individual with a disability. 

(b) RULE.—In providing services under this part, for family 

caregivers who provide care for individuals with Alzheimer’s disease and related disorders with neurological and organic brain dysfunction, the State involved shall give priority to caregivers who 

provide care for older individuals with such disease or disorder. 

ø42 U.S.C. 3030s¿ 

SEC. 373. PROGRAM AUTHORIZED. 

(a) IN GENERAL.—The Assistant Secretary shall carry out a 

program for making grants to States with State plans approved 

under section 307, to pay for the Federal share of the cost of carrying out State programs, to enable area agencies on aging, or entities that such area agencies on aging contract with, to provide 

multifaceted systems of support services— 

(1) for family caregivers; and 

(2) for older relative caregivers. 

(b) SUPPORT SERVICES.—The services provided, which may be 

informed through the use of caregiver assessments, in a State program under subsection (a), by an area agency on aging, or entity 

that such agency has contracted with, shall include— 

(1) information to caregivers about available services; 

(2) assistance to caregivers in gaining access to the services; 

(3) individual counseling, organization of support groups, 

and caregiver training to assist the caregivers in the areas of 

health, nutrition, and financial literacy, and in making decisions and solving problems relating to their caregiving roles; 


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(4) respite care to enable caregivers to be temporarily relieved from their caregiving responsibilities; and 

(5) supplemental services, on a limited basis, to complement the care provided by caregivers. 

(c) POPULATION SERVED; PRIORITY.— 

(1) POPULATION SERVED.—Services under a State program 

under this part shall be provided to family caregivers, and 

older relative caregivers, who— 

(A) are described in paragraph (1) or (2) of subsection 

(a); and 

(B) with regard to the services specified in paragraphs 

(4) and (5) of subsection (b), in the case of a caregiver described in paragraph (1), is providing care to an older individual who meets the condition specified in subparagraph 

(A)(i) or (B) of section 102(22). 

(2) PRIORITY.—In providing services under this part, the 

State, in addition to giving the priority described in section 

372(b), shall give priority— 

(A) to caregivers who are older individuals with greatest social need, and older individuals with greatest economic need (with particular attention to low-income older 

individuals); and 

(B) to older relative caregivers of children with severe 

disabilities, or individuals with disabilities who have severe disabilities. 

(d) USE OF VOLUNTEERS.—In carrying out this part, each area 

agency on aging shall make use of trained volunteers to expand the 

provision of the available services described in subsection (b) and, 

if possible, work in coordination with organizations that have experience in providing training, placement, and stipends for volunteers 

or participants (such as organizations carrying out Federal service 

programs administered by the Corporation for National and Community Service), in community service settings. 

(e) BEST PRACTICES.—Not later than 1 year after the date of 

enactment of the Supporting Older Americans Act of 2020 and 

every 5 years thereafter, the Assistant Secretary shall— 

(1) identify best practices relating to the programs carried 

out under this section and section 631, regarding— 

(A) the use of procedures and tools to monitor and 

evaluate the performance of the programs carried out 

under such sections; 

(B) the use of evidence-based caregiver support services; and 

(C) any other issue determined relevant by the Assistant Secretary; and 

(2) make available, including on the website of the Administration and pursuant to section 202(a)(34), best practices described in paragraph (1), to carry out the programs under this 

section and section 631. 

(f) QUALITY STANDARDS AND MECHANISMS AND ACCOUNTABILITY.— 

(1) QUALITY STANDARDS AND MECHANISMS.—The State 

shall establish standards and mechanisms designed to assure 


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the quality of services provided with assistance made available 

under this part. 

(2) DATA AND RECORDS.—The State shall collect data and 

maintain records relating to the State program in a standardized format specified by the Assistant Secretary. The State 

shall furnish the records to the Assistant Secretary, at such 

time as the Assistant Secretary may require, in order to enable 

the Assistant Secretary to monitor State program administration and compliance, and to evaluate and compare the effectiveness of the State programs. 

(3) REPORTS.—The State shall prepare and submit to the 

Assistant Secretary reports on the data and records required 

under paragraph (2), including information on the services 

funded under this part, and standards and mechanisms, including caregiver assessments used in the State, by which the 

quality of the services shall be assured. The reports shall describe any mechanisms used in the State to provide to persons 

who are family caregivers, or older relative caregivers, information about and access to various services so that the persons 

can better carry out their care responsibilities. 

(g) CAREGIVER ALLOTMENT.— 

(1) IN GENERAL.— 

(A) From sums appropriated under section 303(e) for 

a fiscal year, the Assistant Secretary shall allot amounts 

among the States proportionately based on the population 

of individuals 70 years of age or older in the States. 

(B) In determining the amounts allotted to States from 

the sums appropriated under section 303 for a fiscal year, 

the Assistant Secretary shall first determine the amount 

allotted to each State under subparagraph (A) and then 

proportionately adjust such amounts, if necessary, to meet 

the requirements of paragraph (2). 

(C) The number of individuals 70 years of age or older 

in any State and in all States shall be determined by the 

Assistant Secretary on the basis of the most recent data 

available from the Bureau of the Census and other reliable 

demographic data satisfactory to the Assistant Secretary. 

(2) MINIMUM ALLOTMENT.— 

(A) The amounts allotted under paragraph (1) shall be 

reduced proportionately to the extent necessary to increase 

other allotments under such paragraph to achieve the 

amounts described in subparagraph (B). 

(B)(i) Each State shall be allotted 1⁄2 of 1 percent of 

the amount appropriated for the fiscal year for which the 

determination is made. 

(ii) Guam and the Virgin Islands of the United States 

shall each be allotted 1⁄4 of 1 percent of the amount appropriated for the fiscal year for which the determination is 

made. 

(iii) American Samoa and the Commonwealth of the 

Northern Mariana Islands shall each be allotted 1⁄16 of 1 

percent of the amount appropriated for the fiscal year for 

which the determination is made. 


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(C) For the purposes of subparagraph (B)(i), the term 

‘‘State’’ does not include Guam, American Samoa, the Virgin Islands of the United States, and the Commonwealth 

of the Northern Mariana Islands. 

(h) AVAILABILITY OF FUNDS.— 

(1) USE OF FUNDS FOR ADMINISTRATION OF AREA PLANS.— 

Amounts made available to a State to carry out the State program under this part may be used, in addition to amounts 

available in accordance with section 303(c)(1), for costs of administration of area plans. 

(2) FEDERAL SHARE.— 

(A) IN GENERAL.—Notwithstanding section 

304(d)(1)(D), the Federal share of the cost of carrying out 

a State program under this part shall be 75 percent. 

(B) NON-FEDERAL SHARE.—The non-Federal share of 

the cost shall be provided from State and local sources. 

(i) ACTIVITIES OF NATIONAL SIGNIFICANCE.—The Assistant Secretary may award funds authorized under this section to States, 

public agencies, private nonprofit agencies, institutions of higher 

education, and organizations, including tribal organizations, for 

conducting activities of national significance that— 

(1) promote quality and continuous improvement in the 

support provided to family caregivers and older relative caregivers through programs carried out under this section and 

section 631; and 

(2) include, with respect to such programs, program evaluation, training, technical assistance, and research. 

(j) TECHNICAL ASSISTANCE FOR CAREGIVER ASSESSMENTS.—Not 

later than 1 year after the date of enactment of the Supporting 

Older Americans Act of 2020, the Assistant Secretary, in consultation with stakeholders with appropriate expertise and, as appropriate, informed by the strategy developed under the RAISE Family Caregivers Act (42 U.S.C. 3030s note), shall provide technical 

assistance to promote and implement the use of caregiver assessments. Such technical assistance may include sharing available 

tools or templates, comprehensive assessment protocols, and best 

practices concerning— 

(1) conducting caregiver assessments (including reassessments) as needed; 

(2) implementing such assessments that are consistent 

across a planning and service area, as appropriate; and 

(3) implementing caregiver support service plans, including conducting referrals to and coordination of activities with 

relevant State services. 

ø42 U.S.C. 3030s–1¿ 

SEC. 374. MAINTENANCE OF EFFORT. 

Funds made available under this part shall supplement, and 

not supplant, any Federal, State, or local funds expended by a 

State or unit of general purpose local government (including an 

area agency on aging) to provide services described in section 373. 

ø42 U.S.C. 3030s–2¿ 


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TITLE IV—ACTIVITIES FOR HEALTH, 

INDEPENDENCE, AND LONGEVITY 

SEC. 401. PURPOSES. 

The purposes of this title are— 

(1) to expand the Nation’s knowledge and understanding of 

the older population and the aging process; 

(2) to design, test, and promote the use of innovative ideas 

and best practices in programs and services for older individuals; 

(3) to help meet the needs for trained personnel in the 

field of aging; and 

(4) to increase awareness of citizens of all ages of the need 

to assume personal responsibility for their own longevity. 

ø42 U.S.C. 3031¿ 

PART A—GRANT PROGRAMS 

SEC. 411. PROGRAM AUTHORIZED. 

(a) IN GENERAL.—For the purpose of carrying out this section, 

the Assistant Secretary may make grants to and enter into contracts with States, public agencies, private nonprofit agencies, institutions of higher education, and organizations, including tribal 

organizations, for— 

(1) education and training to develop an adequately 

trained workforce to work with and on behalf of older individuals; 

(2) applied social research, aligned with evidence-based 

practice, and analysis to improve access to and delivery of services for older individuals; 

(3) evaluation of the performance of the programs, activities, and services provided under this section; 

(4) the development of methods and practices to improve 

the quality and effectiveness of the programs, services, and activities provided under this section; 

(5) the demonstration of new approaches to design, deliver, 

and coordinate programs and services for older individuals; 

(6) technical assistance in planning, developing, implementing, and improving the programs, services, and activities 

provided under this section; 

(7) coordination with the designated State agency described in section 101(a)(2)(A)(i) of the Rehabilitation Act of 

1973 (29 U.S.C. 721(a)(2)(A)(i)) to provide services to older individuals who are blind as described in such Act; 

(8) the training of graduate level professionals specializing 

in the mental health needs of older individuals; 

(9) planning activities to prepare communities for the 

aging of the population, which activities may include— 

(A) efforts to assess the aging population; 

(B) activities to coordinate the activities of State and 

local agencies in order to meet the needs of older individuals; and 


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(C) training and technical assistance to support 

States, area agencies on aging, and organizations receiving 

grants under title VI, in engaging in community planning 

activities; 

(10) the development, implementation, and assessment of 

technology-based service models and best practices, to support 

the use of health monitoring and assessment technologies, 

communication devices, assistive technologies, and other technologies consistent with section 508 of the Rehabilitation Act 

of 1973 (29 U.S.C. 794d) that may remotely connect family and 

professional caregivers to frail older individuals residing in 

home and community-based settings or rural areas; 

(11) conducting activities of national significance to promote quality and continuous improvement in the support provided to family and other informal caregivers of older individuals through activities that include program evaluation, training, technical assistance, and research, including— 

(A) programs addressing unique issues faced by rural 

caregivers; 

(B) programs focusing on the needs of older individuals with cognitive impairment such as Alzheimer’s disease and related disorders with neurological and organic 

brain dysfunction, and their caregivers; and 

(C) programs supporting caregivers in the role they 

play in providing disease prevention and health promotion 

services; 

(12) building public awareness of cognitive impairments, 

such as Alzheimer’s disease and related disorders with neurological and organic brain dysfunction, depression, mental disorders, and traumatic brain injury; 

(13) in coordination with the Secretary of Labor, the demonstration of new strategies for the recruitment, retention, or 

advancement of direct care workers, and the soliciting, development, and implementation of strategies— 

(A) to reduce barriers to entry for a diverse and highquality direct care workforce, including providing wages, 

benefits, and advancement opportunities needed to attract 

or retain direct care workers; and 

(B) to provide education and workforce development 

programs for direct care workers that include supportive 

services and career planning; 

(14) the establishment and operation of a national resource 

center that shall— 

(A) provide training and technical assistance to agencies in the aging network delivering services to older individuals experiencing the long-term and adverse consequences of trauma; 

(B) share best practices with the aging network; and 

(C) make subgrants to the agencies best positioned to 

advance and improve the delivery of person-centered, trauma-informed services for older individuals experiencing the 

long-term and adverse consequences of trauma; 

(15) bringing to scale and sustaining evidence-based falls 

prevention programs that will reduce the number of falls, fear 


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Sec. 412 OLDER AMERICANS ACT OF 1965 100 

of falling, and fall-related injuries in older individuals, including older individuals with disabilities; 

(16) bringing to scale and sustaining evidence-based chronic disease self-management programs that empower older individuals, including older individuals with disabilities, to better 

manage their chronic conditions; 

(17) continuing support for program integrity initiatives 

concerning the Medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) that train senior volunteers to prevent and identify health care fraud and abuse; 

(18) projects that address negative health effects associated with social isolation among older individuals; and 

(19) any other activities that the Assistant Secretary determines will achieve the objectives of this section. 

(b) AUTHORIZATION OF APPROPRIATIONS There are authorized to 

be appropriated to carry out— 

(1) aging network support activities under this section, $14,514,550 for fiscal year 2020, $15,385,423 for fiscal year 

2021, $16,308,548 for fiscal year 2022, $17,287,061 for fiscal 

year 2023, and $18,324,285 for fiscal year 2024; and 

(2) elder rights support activities under this section, $15,613,440 for fiscal year 2020, $16,550,246 for fiscal year 

2021, $17,543,261 for fiscal year 2022, $18,595,857 for fiscal 

year 2023, and $19,711,608 for fiscal year 2024. 

ø42 U.S.C. 3032¿ 

SEC. 412. CAREER PREPARATION FOR THE FIELD OF AGING. 

(a) GRANTS.—The Assistant Secretary shall make grants to institutions of higher education, including historically Black colleges 

or universities, Hispanic-serving institutions, and Hispanic Centers 

of Excellence in Applied Gerontology, to provide education and 

training that prepares students for careers in the field of aging. 

(b) DEFINITIONS.—For purposes of subsection (a): 

(1) HISPANIC CENTER OF EXCELLENCE IN APPLIED GERONTOLOGY.—The term ‘‘Hispanic Center of Excellence in Applied 

Gerontology’’ means an institution of higher education with a 

program in applied gerontology that— 

(A) has a significant number of Hispanic individuals 

enrolled in the program, including individuals accepted for 

enrollment in the program; 

(B) has been effective in assisting Hispanic students of 

the program to complete the program and receive the degree involved; 

(C) has been effective in recruiting Hispanic individuals to attend the program, including providing scholarships and other financial assistance to such individuals 

and encouraging Hispanic students of secondary educational institutions to attend the program; and 

(D) has made significant recruitment efforts to increase the number and placement of Hispanic individuals 

serving in faculty or administrative positions in the program. 

(2) HISTORICALLY BLACK COLLEGE OR UNIVERSITY.—The 

term ‘‘historically Black college or university’’ has the meaning 


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given the term ‘‘part B institution’’ in section 322(2) of the 

Higher Education Act of 1965 (20 U.S.C. 1061(2)). 

ø42 U.S.C. 3032a¿ 

SEC. 413. OLDER INDIVIDUALS’ PROTECTION FROM VIOLENCE 

PROJECTS. 

(a) PROGRAM AUTHORIZED.—The Assistant Secretary shall 

make grants to States, area agencies on aging, nonprofit organizations, or tribal organizations to carry out the activities described in 

subsection (b). 

(b) ACTIVITIES.—A State, an area agency on aging, a nonprofit 

organization, or a tribal organization that receives a grant under 

subsection (a) shall use such grant to— 

(1) support projects in local communities, involving diverse 

sectors of each community, to coordinate activities concerning 

intervention in and prevention of elder abuse, neglect, and exploitation, including family violence and sexual assault, 

against older individuals; 

(2) develop and implement outreach programs directed toward assisting older individuals who are victims of elder 

abuse, neglect, and exploitation (including family violence and 

sexual assault, against older individuals), including programs 

directed toward assisting the individuals in senior housing 

complexes, nursing homes, board and care facilities, and senior 

centers; 

(3) expand access to family violence and sexual assault 

programs (including shelters, rape crisis centers, and support 

groups), including mental health services, safety planning and 

legal advocacy for older individuals and encourage the use of 

senior housing, hotels, or other suitable facilities or services 

when appropriate as emergency short-term shelters for older 

individuals who are the victims of elder abuse, including family 

violence and sexual assault; or 

(4) promote research on legal, organizational, or training 

impediments to providing services to older individuals through 

shelters and other programs, such as impediments to provision 

of services in coordination with delivery of health care or services delivered under this Act. 

(c) PREFERENCE.—In awarding grants under subsection (a), the 

Assistant Secretary shall give preference to a State, an area agency 

on aging, a nonprofit organization, or a tribal organization that has 

the ability to carry out the activities described in this section and 

title VII of this Act. 

(d) COORDINATION.—The Assistant Secretary shall encourage 

each State, area agency on aging, nonprofit organization, and tribal 

organization that receives a grant under subsection (a) to coordinate activities provided under this section with activities provided 

by other area agencies on aging, tribal organizations, State adult 

protective service programs, private nonprofit organizations, and by 

other entities receiving funds under title VII of this Act. 

ø42 U.S.C. 3032b¿ 


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SEC. 414. HEALTH CARE SERVICE DEMONSTRATION PROJECTS IN 

RURAL AREAS. 

(a) AUTHORITY.—The Assistant Secretary, after consultation 

with the State agency of the State involved, shall make grants to 

eligible public agencies and nonprofit private organizations to pay 

part or all of the cost of developing or operating model health care 

service projects (including related home health care services, adult 

day health care, mental health services, outreach, and transportation) through multipurpose senior centers that are located in 

rural areas and that provide nutrition services under section 331, 

to meet the health care needs of medically underserved older individuals residing in such areas. 

(b) ELIGIBILITY.—To be eligible to receive a grant under subsection (a), a public agency or nonprofit private organization shall 

submit to the Assistant Secretary an application containing such 

information and assurances as the Secretary may require, including— 

(1) information describing the nature and extent of the applicant’s— 

(A) experience in providing medical services of the 

type to be provided in the project for which a grant is requested; and 

(B) coordination and cooperation with— 

(i) institutions of higher education having graduate programs with capability in public health, mental 

health, the medical sciences, psychology, pharmacology, nursing, social work, health education, nutrition, or gerontology, for the purpose of designing and 

developing such project; and 

(ii) critical access hospitals (as defined in section 

1861(mm)(1) of the Social Security Act (42 U.S.C. 

1395x(mm)(1)) and rural health clinics (as defined in 

section 1861(aa)(2) of the Social Security Act (42 

U.S.C. 1395x(aa)(2))); 

(2) assurances that the applicant will carry out the project 

for which a grant is requested, through a multipurpose senior 

center located— 

(A)(i) in a rural area that has a population of less than 

5,000; or 

(ii) in a county that has fewer than seven individuals 

per square mile; and 

(B) in a State in which— 

(i) not less than 331⁄3 of the population resides in 

rural areas; and 

(ii) not less than 5 percent of the population resides in counties with fewer than seven individuals 

per square mile, 

as defined by and determined in accordance with the most 

recent data available from the Bureau of the Census; and 

(3) assurances that the applicant will submit to the Assistant Secretary such evaluations and reports as the Assistant 

Secretary may require. 

(c) REPORTS.—The Assistant Secretary shall prepare and submit to the appropriate committees of Congress a report that inVerDate Mar 15 2010 19:37 Apr 10, 2020 Jkt 000000 PO 00000 Frm 00102 Fmt 9001 Sfmt 9001 G:\COMP\EDVI\OAAO1.BEL HOLC

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cludes summaries of the evaluations and reports required under 

subsection (b). 

ø42 U.S.C. 3032c¿ 

øSection 415 repealed by section 5(d) of Public Law 114–144.¿ 

SEC. 416. TECHNICAL ASSISTANCE AND INNOVATION TO IMPROVE 

TRANSPORTATION FOR OLDER INDIVIDUALS. 

(a) IN GENERAL.—The Secretary may award grants or contracts 

to nonprofit organizations to improve transportation services for 

older individuals. 

(b) USE OF FUNDS.— 

(1) IN GENERAL.—A nonprofit organization receiving a 

grant or contract under subsection (a) shall use the funds received through such grant or contract to carry out a demonstration project, or to provide technical assistance to assist 

local transit providers, area agencies on aging, senior centers, 

and local senior support groups, to encourage and facilitate coordination of Federal, State, and local transportation services 

and resources for older individuals. The organization may use 

the funds to develop and carry out an innovative transportation demonstration project to create transportation services 

for older individuals. 

(2) SPECIFIC ACTIVITIES.—In carrying out a demonstration 

project or providing technical assistance under paragraph (1) 

the organization may carry out activities that include— 

(A) developing innovative approaches for improving access by older individuals to transportation services, including volunteer driver programs, economically sustainable 

transportation programs, and programs that allow older 

individuals to transfer their automobiles to a provider of 

transportation services in exchange for the services; 

(B) preparing information on transportation options 

and resources for older individuals and organizations serving such individuals, and disseminating the information by 

establishing and operating a toll-free telephone number, 

call center, website or Internet-based portal, mobile application, or other technological tools; 

(C) developing models and best practices for providing 

comprehensive integrated transportation services for older 

individuals, including services administered by the Secretary of Transportation, by providing ongoing technical 

assistance to agencies providing services under title III 

and by assisting in coordination of public and community 

transportation services; 

(D)(i) improving the aggregation, availability, and accessibility of information on options for transportation 

services for older individuals, including information on 

public transit, on-demand transportation services, volunteer-based transportation services, and other private transportation providers; and 

(ii) providing older individuals with the ability to 

schedule trips both in advance and on demand, as appropriate; 


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(E) identifying opportunities to share resources and reduce costs of transportation services for older individuals; 

(F) coordinating individualized trip planning responses 

to requests from older individuals for transportation services; and 

(G) providing special services to link older individuals 

to transportation services not provided under title III. 

(c) ECONOMICALLY SUSTAINABLE TRANSPORTATION.—In this section, the term ‘‘economically sustainable transportation’’ means demand responsive transportation for older individuals— 

(1) that may be provided through volunteers; and 

(2) that the provider will provide without receiving Federal 

or other public financial assistance, after a period of not more 

than 5 years of providing the services under this section. 

ø42 U.S.C. 3032e¿ 

SEC. 417. DEMONSTRATION, SUPPORT, AND RESEARCH PROJECTS 

FOR MULTIGENERATIONAL AND CIVIC ENGAGEMENT ACTIVITIES. 

(a) GRANTS AND CONTRACTS.—The Assistant Secretary shall 

award grants to and enter into contracts with eligible organizations 

to carry out projects, serving individuals in younger generations 

and older individuals, to— 

(1) provide opportunities for older individuals to participate in multigenerational activities and civic engagement activities that contribute to the health and wellness of older individuals and individuals in younger generations by promoting— 

(A) meaningful roles for participants; 

(B) reciprocity in relationship building; 

(C) reduced social isolation and improved participant 

social connectedness; 

(D) improved economic well-being for older individuals; 

(E) increased lifelong learning; or 

(F) support for caregivers of families by— 

(i) providing support for older relative caregivers 

(as defined in section 372(a)) raising children (such as 

support for kinship navigator programs); or 

(ii) involving volunteers who are older individuals 

who provide support and information to families who 

have a child with a disability or chronic illness, or 

other families in need of such family support; 

(2) coordinate multigenerational activities and civic engagement activities, including multigenerational nutrition and 

meal service programs; 

(3) promote volunteerism, including by providing opportunities for older individuals to become a mentor to individuals 

in younger generations; and 

(4) facilitate development of, and participation in, 

multigenerational activities and civic engagement activities. 

(b) GRANT AND CONTRACT PERIODS.—Each grant awarded and 

contract entered into under subsection (a) shall be for a period of 

not less than 36 months. 

(c) USE OF FUNDS.— 


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(1) IN GENERAL.—An eligible organization shall use funds 

made available under a grant awarded, or a contract entered 

into, under this section to carry out a project described in subsection (a). 

(2) PROVISION OF PROJECTS THROUGH GRANTEES.—In 

awarding grants and entering into contracts under this section, 

the Assistant Secretary shall ensure that such grants and contracts are for the projects that satisfy each requirement under 

paragraphs (1) through (4) of subsection (a). 

(d) PREFERENCE.—In awarding grants and entering into contracts to carry out a project described in subsection (a), the Assistant Secretary shall give preference to— 

(1) eligible organizations with a demonstrated record of 

carrying out, intent to carry out, or intent to partner with local 

organizations or multiservice organizations to carry out, 

multigenerational activities or civic engagement activities; 

(2) eligible organizations proposing multigenerational activity projects that will serve older individuals and communities with the greatest need (with particular attention to lowincome minority individuals, older individuals with limited 

English proficiency, older individuals residing in rural areas, 

and low-income minority communities); 

(3) eligible organizations proposing civic engagement 

projects that will serve communities with the greatest need: 

(4) eligible organizations with the capacity to develop 

meaningful roles and assignments that use the time, skills, 

and experience of older individuals to serve public and nonprofit organizations; and 

(5) eligible organizations proposing multigenerational activity projects that utilize shared site programs, such as collocated child care and long-term care facilities. 

(e) APPLICATION.—To be eligible to receive a grant or enter into 

a contract under subsection (a), an organization shall submit an 

application to the Assistant Secretary at such time, in such manner, and accompanied by such information as the Assistant Secretary may reasonably require. 

(f) ELIGIBLE ORGANIZATIONS.—Organizations eligible to receive 

a grant or enter into a contract under subsection (a) shall— 

(1) be a State, an area agency on aging, or an organization 

that provides opportunities for older individuals to participate 

in activities described in such subsection; and 

(2) have the capacity to conduct the coordination, promotion, and facilitation described in such subsection through 

the use of multigenerational coordinators. 

(g) EVALUATION.— 

(1) IN GENERAL.—Not later than 3 years after the date of 

enactment of the Supporting Older Americans Act of 2020, the 

Assistant Secretary shall, through data submitted by organizations carrying out projects through grants or contracts under 

this section, evaluate the activities supported through such 

grants and contracts to determine— 

(A) the effectiveness of such activities; 


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(B) the impact of such activities on the community 

being served and the organization providing the activities; 

and 

(C) the impact of such activities on older individuals 

participating in such projects. 

(2) REPORT TO CONGRESS Not later than 6 months after 

the Assistant Secretary completes the evaluation under paragraph (1), the Assistant Secretary shall prepare and submit to 

the Speaker of the House of Representatives and the President 

pro tempore of the Senate a report that assesses such evaluation and contains, at a minimum— 

(A) the names or descriptive titles of the projects funded under subsection (a); 

(B) a description of the nature and operation of such 

projects; 

(C) the names and addresses of organizations that conducted such projects; 

(D) a description of the methods and success of such 

projects in recruiting older individuals as employees and 

as volunteers to participate in the projects; 

(E) a description of the success of the projects in retaining older individuals participating in such projects as 

employees and as volunteers; 

(F) the rate of turnover of older individuals who are 

employees or volunteers in such projects; 

(G) a strategy for disseminating the findings resulting 

from such projects; and 

(H) any policy change recommendations relating to 

such projects. 

(h) DEFINITIONS.—As used in this section: 

(1) MULTIGENERATIONAL ACTIVITY.—The term 

‘‘multigenerational activity’’ means an activity that provides an 

opportunity for interaction between 2 or more individuals of 

different generations, including activities connecting older individuals and youth in a child care program, a youth day care 

program, an educational assistance program, an at-risk youth 

intervention program, a juvenile delinquency treatment program, a before- or after-school program, a library program, or 

a family support program. 

(2) MULTIGENERATIONAL COORDINATOR.—The term 

‘‘multigenerational coordinator’’ means a person who— 

(A) builds the capacity of public and nonprofit organizations to develop meaningful roles and assignments, that 

use the time, skill, and experience of older individuals to 

serve those organizations; and 

(B) nurtures productive, sustainable working relationships between— 

(i) older individuals; and 

(ii) individuals in younger generations. 

ø42 U.S.C. 3032f¿ 

SEC. 418. NATIVE AMERICAN PROGRAMS. 

(a) ESTABLISHMENT.— 


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(1) IN GENERAL.—The Assistant Secretary shall make 

grants or enter into contracts with not fewer than two and not 

more than four eligible entities to establish and operate Resource Centers on Native American Elders (referred to in this 

section as ‘‘Resource Centers’’). The Assistant Secretary shall 

make such grants or enter into such contracts for periods of 

not less than 3 years. 

(2) FUNCTIONS.— (A) IN GENERAL.—Each Resource Center that receives 

funds under this section shall— 

(i) gather information; 

(ii) perform research; 

(iii) provide for the dissemination of results of the 

research; and 

(iv) provide technical assistance and training to 

entities that provide services to Native Americans who 

are older individuals. 

(B) AREAS OF CONCERN.—In conducting the functions 

described in subparagraph (A), a Resource Center shall 

focus on priority areas of concern for the Resource Centers 

regarding Native Americans who are older individuals, 

which areas shall be— 

(i) health (including mental health) problems; 

(ii) long-term care, including in-home care; 

(iii) elder abuse; and 

(iv) other problems and issues that the Assistant 

Secretary determines are of particular importance to 

Native Americans who are older individuals. 

(3) PREFERENCE.—In awarding grants and entering into 

contracts under paragraph (1), the Assistant Secretary shall 

give preference to institutions of higher education that have 

conducted research on, and assessments of, the characteristics 

and needs of Native Americans who are older individuals. 

(4) CONSULTATION.—In determining the type of information to be sought from, and activities to be performed by, Resource Centers, the Assistant Secretary shall consult with the 

Director of the Office for American Indian, Alaskan Native, 

and Native Hawaiian Aging and with national organizations 

with special expertise in serving Native Americans who are 

older individuals. 

(5) ELIGIBLE ENTITIES.—To be eligible to receive a grant or 

enter into a contract under paragraph (1), an entity shall be 

an institution of higher education with experience conducting 

research and assessment on the needs of older individuals. 

(6) REPORT TO CONGRESS.—The Assistant Secretary, with 

assistance from each Resource Center, shall prepare and submit to the Speaker of the House of Representatives and the 

President pro tempore of the Senate an annual report on the 

status and needs, including the priority areas of concern, of 

Native Americans who are older individuals. 

(b) TRAINING GRANTS.—The Assistant Secretary shall make 

grants and enter into contracts to provide in-service training opportunities and courses of instruction on aging to Indian tribes 

through public or nonprofit Indian aging organizations and to proVerDate Mar 15 2010 19:37 Apr 10, 2020 Jkt 000000 PO 00000 Frm 00107 Fmt 9001 Sfmt 9001 G:\COMP\EDVI\OAAO1.BEL HOLC

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vide annually national trainings for directors of programs under 

this title. 

ø42 U.S.C. 3032g¿ 

øSection 419 repealed by section 5(d) of Public Law 114–144.¿ 

SEC. 420. DEMONSTRATION AND SUPPORT PROJECTS FOR LEGAL ASSISTANCE FOR OLDER INDIVIDUALS. 

(a) PROGRAM AUTHORIZED.—The Assistant Secretary shall 

make grants and enter into contracts, in order to— 

(1) provide a national legal assistance support system (operated by one or more grantees or contractors) of activities to 

State and area agencies on aging for providing, developing, or 

supporting legal assistance for older individuals, including— 

(A) case consultations; 

(B) training; 

(C) provision of substantive legal advice and assistance; and 

(D) assistance in the design, implementation, and administration of legal assistance delivery systems to local 

providers of legal assistance for older individuals; and 

(2) support demonstration projects to expand or improve 

the delivery of legal assistance to older individuals with social 

or economic needs. 

(b) ASSURANCES.—Any grants or contracts made under subsection (a)(2) shall contain assurances that the requirements of section 307(a)(11) are met. 

(c) ASSISTANCE.—To carry out subsection (a)(1), the Assistant 

Secretary shall make grants to or enter into contracts with nonprofit organizations experienced in providing support and technical 

assistance on a nationwide basis to States, area agencies on aging, 

legal assistance providers, ombudsmen, elder abuse prevention programs, and other organizations interested in the legal rights of 

older individuals. 

ø42 U.S.C. 3032i¿ 

øSection 421 repealed by section 5(d) of Public Law 114–144.¿ 

SEC. 422. COMMUNITY INNOVATIONS FOR AGING IN PLACE. 

(a) DEFINITIONS.—In this section: 

(1) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’— 

(A) means a nonprofit health or social service organization, a community-based nonprofit organization, an area 

agency on aging or other local government agency, a tribal 

organization, or another entity that— 

(i) the Assistant Secretary determines to be appropriate to carry out a project under this part; and 

(ii) demonstrates a record of, and experience in, 

providing or administering group and individual 

health and social services for older individuals; and 

(B) does not include an entity providing housing under 

the congregate housing services program carried out under 

section 802 of the Cranston-Gonzalez National Affordable 

Housing Act (42 U.S.C. 8011) or the multifamily service coordinator program carried out under section 202(g) of the 

Housing Act of 1959 (12 U.S.C. 1701q(g)). 


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(2) NATURALLY OCCURRING RETIREMENT COMMUNITY.—The 

term ‘‘Naturally Occurring Retirement Community’’ means a 

community with a concentrated population of older individuals, 

which may include a residential building, a housing complex, 

an area (including a rural area) of single family residences, or 

a neighborhood composed of age-integrated housing— 

(A) where— 

(i) 40 percent of the heads of households are older 

individuals; or 

(ii) a critical mass of older individuals exists, 

based on local factors that, taken in total, allow an organization to achieve efficiencies in the provision of 

health and social services to older individuals living in 

the community; and 

(B) that is not an institutional care or assisted living 

setting. 

(b) GRANTS.— 

(1) IN GENERAL.—The Assistant Secretary shall make 

grants, on a competitive basis, to eligible entities to develop 

and carry out model aging in place projects. The projects shall 

promote aging in place for older individuals (including such individuals who reside in Naturally Occurring Retirement Communities), in order to sustain the independence of older individuals. A recipient of a grant under this subsection shall identify innovative strategies for providing, and linking older individuals to programs and services that provide, comprehensive 

and coordinated health and social services to sustain the quality of life of older individuals and support aging in place. 

(2) GRANT PERIODS.—The Assistant Secretary shall make 

the grants for periods of 3 years. 

(c) APPLICATIONS.— 

(1) IN GENERAL.—To be eligible to receive a grant under 

subsection (b) for a project, an entity shall submit an application to the Assistant Secretary at such time, in such manner, 

and containing such information as the Assistant Secretary 

may require. 

(2) CONTENTS.—The application shall include— 

(A) a detailed description of the entity’s experience in 

providing services to older individuals in age-integrated 

settings; 

(B) a definition of the contiguous service area and a 

description of the project area in which the older individuals reside or carry out activities to sustain their wellbeing; 

(C) the results of a needs assessment that identifies— 

(i) existing (as of the date of the assessment) community-based health and social services available to 

individuals residing in the project area; 

(ii) the strengths and gaps of such existing services in the project area; 

(iii) the needs of older individuals who reside in 

the project area; and 


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(iv) services not being delivered that would promote aging in place and contribute to the well-being of 

older individuals residing in the project area; 

(D) a plan for the development and implementation of 

an innovative model for service coordination and delivery 

within the project area; 

(E) a description of how the plan described in subparagraph (D) will enhance existing services described in subparagraph (C)(i) and support the goal of this section to promote aging in place; 

(F) a description of proposed actions by the entity to 

prevent the duplication of services funded under a provision of this Act, other than this section, and a description 

of how the entity will cooperate, and coordinate planning 

and services (including any formal agreements), with agencies and organizations that provide publicly supported 

services for older individuals in the project area, including 

the State agency and area agencies on aging with planning 

and service areas in the project area; 

(G) an assurance that the entity will seek to establish 

cooperative relationships with interested local entities, including private agencies and businesses that provide 

health and social services, housing entities, community development organizations, philanthropic organizations, 

foundations, and other non-Federal entities; 

(H) a description of the entity’s protocol for referral of 

residents who may require long-term care services, including coordination with local agencies, including area agencies on aging and Aging and Disability Resource Centers 

that serve as single points of entry to public services; 

(I) a description of how the entity will offer opportunities for older individuals to be involved in the governance, 

oversight, and operation of the project; 

(J) an assurance that the entity will submit to the Assistant Secretary such evaluations and reports as the Assistant Secretary may require; and 

(K) a plan for long-term sustainability of the project. 

(d) USE OF FUNDS.— 

(1) IN GENERAL.—An eligible entity that receives a grant 

under subsection (b) shall use the funds made available 

through the grant to— 

(A) ensure access by older individuals in the project 

area to community-based health and social services consisting of— 

(i) case management, case assistance, and social 

work services; 

(ii) health care management and health care assistance, including disease prevention and health promotion services; 

(iii) education, socialization, and recreational activities; and 

(iv) volunteer opportunities for project participants; 


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(B) conduct outreach to older individuals within the 

project area; and 

(C) develop and implement innovative, comprehensive, 

and cost-effective approaches for the delivery and coordination of community-based health and social services, including those identified in subparagraph (A)(iv), which may include mental health services, for eligible older individuals. 

(2) COORDINATION.—An eligible entity receiving a grant 

under subsection (b) for a project shall coordinate activities 

with organizations providing services funded under title III to 

support such services for or facilitate the delivery of such services to eligible older individuals served by the project. 

(3) PREFERENCE.—In carrying out an aging in place 

project, an eligible entity shall, to the extent practicable, serve 

a community of low-income individuals and operate or locate 

the project and services in or in close proximity to a location 

where a large concentration of older individuals has aged in 

place and resided, such as a Naturally Occurring Retirement 

Community. 

(4) SUPPLEMENT NOT SUPPLANT.—Funds made available to 

an eligible entity under subsection (b) shall be used to supplement, not supplant, any Federal, State, or other funds otherwise available to the entity to provide health and social services to eligible older individuals. 

(e) COMPETITIVE GRANTS FOR TECHNICAL ASSISTANCE.— 

(1) GRANTS.—The Assistant Secretary shall (or shall make 

a grant, on a competitive basis, to an eligible nonprofit organization, to enable the organization to)— 

(A) provide technical assistance to recipients of grants 

under subsection (b); and 

(B) carry out other duties, as determined by the Assistant Secretary. 

(2) ELIGIBLE ORGANIZATION.—To be eligible to receive a 

grant under this subsection, an organization shall be a nonprofit organization (including a partnership of nonprofit organizations), that— 

(A) has experience and expertise in providing technical 

assistance to a range of entities serving older individuals 

and experience evaluating and reporting on programs; and 

(B) has demonstrated knowledge of and expertise in 

community-based health and social services. 

(3) APPLICATION.—To be eligible to receive a grant under 

this subsection, an organization (including a partnership of 

nonprofit organizations) shall submit an application to the Assistant Secretary at such time, in such manner, and containing 

such information as the Assistant Secretary may require, including an assurance that the organization will submit to the 

Assistant Secretary such evaluations and reports as the Assistant Secretary may require. 

(f) REPORT.—The Assistant Secretary shall annually prepare 

and submit a report to Congress that shall include— 

(1) the findings resulting from the evaluations of the model 

projects conducted under this section; 


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(2) a description of recommended best practices regarding 

carrying out health and social service projects for older individuals aging in place; and 

(3) recommendations for legislative or administrative action, as the Assistant Secretary determines appropriate. 

ø42 U.S.C. 3032k¿ 

PART B—GENERAL PROVISIONS 

SEC. 431. PAYMENT OF GRANTS. 

(a) CONTRIBUTIONS.—To the extent the Assistant Secretary determines a contribution to be appropriate, the Assistant Secretary 

shall require the recipient of any grant or contract under this title 

to contribute money, facilities, or services for carrying out the 

project for which such grant or contract was made. 

(b) PAYMENTS.—Payments under this title pursuant to a grant 

or contract may be made (after necessary adjustment, in the case 

of grants, on account of previously made overpayments or underpayments) in advance or by way of reimbursement, and in such installments and on such conditions, as the Assistant Secretary may 

determine. 

(c) CONSULTATION.—The Assistant Secretary shall make no 

grant or contract under this title in any State that has established 

or designated a State agency for purposes of title III unless the Assistant Secretary— 

(1) consults with the State agency prior to issuing the 

grant or contract; and 

(2) informs the State agency of the purposes of the grant 

or contract when the grant or contract is issued. 

ø42 U.S.C. 3033¿ 

SEC. 432. RESPONSIBILITIES OF ASSISTANT SECRETARY. 

(a) IN GENERAL.—The Assistant Secretary shall be responsible 

for the administration, implementation, and making of grants and 

contracts under this title and shall not delegate authority under 

this title to any other individual, agency, or organization. 

(b) REPORT.— 

(1) IN GENERAL.—Not later than January 1 following each 

fiscal year, the Assistant Secretary shall submit, to the Speaker of the House of Representatives and the President pro tempore of the Senate, a report for such fiscal year that describes 

each project and each program— 

(A) for which funds were provided under this title; and 

(B) that was completed in the fiscal year for which 

such report is prepared. 

(2) CONTENTS.—Such report shall contain— 

(A) the name or descriptive title of each project or program; 

(B) the name and address of the individual or governmental entity that conducted such project or program; 

(C) a specification of the period throughout which such 

project or program was conducted; 


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(D) the identity of each source of funds expended to 

carry out such project or program and the amount of funds 

provided by each such source; 

(E) an abstract describing the nature and operation of 

such project or program; and 

(F) a bibliography identifying all published information relating to such project or program. 

(c) EVALUATIONS.— (1) IN GENERAL.—The Assistant Secretary shall establish 

by regulation and implement a process to evaluate the results 

of projects and programs carried out under this title. 

(2) RESULTS.—The Assistant Secretary shall— 

(A) make available to the public the results of each 

evaluation carried out under paragraph (1); and 

(B) use such evaluation to improve services delivered, 

or the operation of projects and programs carried out, 

under this Act, including preparing an analysis of such 

services, projects, and programs, and of how the evaluation 

relates to improvements in such services, projects, and programs and in the strategic plan of the Administration. 

ø42 U.S.C. 3033a¿ 

TITLE V—COMMUNITY SERVICE SENIOR 

OPPORTUNITIES ACT 

SEC. 501. SHORT TITLE. 

This title may be cited as the ‘‘Community Service Senior Opportunities Act’’. 

ø42 U.S.C. 3001 note¿ 

SEC. 502. OLDER AMERICAN COMMUNITY SERVICE EMPLOYMENT 

PROGRAM. 

(a) IN GENERAL.— (1) ESTABLISHMENT OF PROGRAM.—To foster individual economic self-sufficiency and promote useful opportunities in community service activities (which shall include community service employment) for unemployed low-income persons who are 

age 55 or older, particularly persons who have poor employment prospects, and to increase the number of persons who 

may enjoy the benefits of unsubsidized employment in both the 

public and private sectors, the Secretary of Labor (referred to 

in this title as the ‘‘Secretary’’) may establish an older American community service employment program. 

(2) USE OF APPROPRIATED AMOUNTS.—Amounts appropriated to carry out this title shall be used only to carry out 

the provisions contained in this title. 

(b) GRANT AUTHORITY.— 

(1) PROJECTS.—To carry out this title, the Secretary may 

make grants to public and nonprofit private agencies and organizations, agencies of a State, and tribal organizations to carry 

out the program established under subsection (a). Such grants 

may provide for the payment of costs, as provided in subsection 

(c), of projects developed by such organizations and agencies in 


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cooperation with the Secretary in order to make such program 

effective or to supplement such program. The Secretary shall 

make the grants from allotments made under section 506, and 

in accordance with section 514. No payment shall be made by 

the Secretary toward the cost of any project established or administered by such an organization or agency unless the Secretary determines that such project— 

(A) will provide community service employment only 

for eligible individuals except for necessary technical, administrative, and supervisory personnel, and such personnel will, to the fullest extent possible, be recruited from 

among eligible individuals; 

(B)(i) will provide community service employment and 

other authorized activities for eligible individuals in the 

community in which such individuals reside, or in nearby 

communities; or 

(ii) if such project is carried out by a tribal organization that receives a grant under this subsection or receives 

assistance from a State that receives a grant under this 

subsection, will provide community service employment 

and other authorized activities for such individuals, including those who are Indians residing on an Indian reservation, as defined in section 2601 of the Energy Policy Act 

of 1992 (25 U.S.C. 3501); 

(C) will comply with an average participation cap for 

eligible individuals (in the aggregate) of— 

(i) 27 months; or 

(ii) pursuant to the request of a grantee, an extended period of participation established by the Secretary for a specific project area for such grantee, up 

to a period of not more than 36 months, if the Secretary determines that extenuating circumstances 

exist relating to the factors identified in section 

513(a)(2)(E) that justify such an extended period for 

the program year involved; 

(D) will employ eligible individuals in service related 

to publicly owned and operated facilities and projects, or 

projects sponsored by nonprofit organizations (excluding 

political parties exempt from taxation under section 

501(c)(3) of the Internal Revenue Code of 1986), but excluding projects involving the construction, operation, or 

maintenance of any facility used or to be used as a place 

for sectarian religious instruction or worship; 

(E) will contribute to the general welfare of the community, which may include support for children, youth, 

and families; 

(F) will provide community service employment and 

other authorized activities for eligible individuals; 

(G)(i) will not reduce the number of employment opportunities or vacancies that would otherwise be available 

to individuals not participating in the program; 

(ii) will not displace currently employed workers (including partial displacement, such as a reduction in the 


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hours of nonovertime work, wages, or employment benefits); 

(iii) will not impair existing contracts or result in the 

substitution of Federal funds for other funds in connection 

with work that would otherwise be performed; and 

(iv) will not employ or continue to employ any eligible 

individual to perform the same work or substantially the 

same work as that performed by any other individual who 

is on layoff; 

(H) will coordinate activities with training and other 

services provided under title I of the Workforce Innovation 

and Opportunity Act, including utilizing the one-stop delivery system of the local workforce development areas involved to recruit eligible individuals to ensure that the 

maximum number of eligible individuals will have an opportunity to participate in the project; 

(I) will include such training (such as work experience, 

on-the-job training, and classroom training) as may be necessary to make the most effective use of the skills and talents of those individuals who are participating, and will 

provide for the payment of the reasonable expenses of individuals being trained, including a reasonable subsistence 

allowance equivalent to the wage described in subparagraph (J); 

(J) will ensure that safe and healthy employment conditions will be provided, and will ensure that participants 

employed in community service and other jobs assisted 

under this title will be paid wages that shall not be lower 

than whichever is the highest of— 

(i) the minimum wage that would be applicable to 

such a participant under the Fair Labor Standards Act 

of 1938 (29 U.S.C. 201 et seq.), if section 6(a)(1) of 

such Act (29 U.S.C. 206(a)(1)) applied to the participant and if the participant were not exempt under section 13 of such Act (29 U.S.C. 213); 

(ii) the State or local minimum wage for the most 

nearly comparable covered employment; or 

(iii) the prevailing rates of pay for individuals employed in similar public occupations by the same employer; 

(K) will be established or administered with the advice 

of persons competent in the field of service in which community service employment or other authorized activities 

are being provided, and of persons who are knowledgeable 

about the needs of older individuals; 

(L) will authorize payment for necessary supportive 

services costs (including transportation costs) of eligible individuals that may be incurred in training in any project 

funded under this title, in accordance with rules issued by 

the Secretary; 

(M) will ensure that, to the extent feasible, such 

project will serve the needs of minority and Indian eligible 

individuals, eligible individuals with limited English proficiency, and eligible individuals with greatest economic 


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need, at least in proportion to their numbers in the area 

served and take into consideration their rates of poverty 

and unemployment; 

(N)(i) will prepare an assessment of the participants’ 

skills and talents and their needs for services, except to 

the extent such project has, for the participant involved, 

recently prepared an assessment of such skills and talents, 

and such needs, pursuant to another employment or training program (such as a program under the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.), the 

Carl D. Perkins Career and Technical Education Act of 

2006 (20 U.S.C. 2301 et seq.), or part A of title IV of the 

Social Security Act (42 U.S.C. 601 et seq.)) and will prepare a related service strategy; 

(ii) will provide training and employment counseling to 

eligible individuals based on strategies that identify appropriate employment objectives and the need for supportive 

services, developed as a result of the assessment and service strategy provided for in clause (i), and provide other 

appropriate information regarding such project; and 

(iii) will provide counseling to participants on their 

progress in meeting such objectives and satisfying their 

need for supportive services; 

(O) will provide appropriate services for participants, 

or refer the participants to appropriate services, through 

the one-stop delivery system of the local workforce development areas involved as established under section 121(e) 

of the Workforce Innovation and Opportunity Act, and will 

be involved in the planning and operations of such system 

pursuant to a memorandum of understanding with the 

local workforce development board in accordance with section 121(c) of such Act; 

(P) will post in such project workplace a notice, and 

will make available to each person associated with such 

project a written explanation— 

(i) clarifying the law with respect to political activities allowable and unallowable under chapter 15 of 

title 5, United States Code, applicable to the project 

and to each category of individuals associated with 

such project; and 

(ii) containing the address and telephone number 

of the Inspector General of the Department of Labor, 

to whom questions regarding the application of such 

chapter may be addressed; 

(Q) will provide to the Secretary the description and 

information described in— 

(i) clauses (ii) and (viii) of paragraph (2)(B), relating to coordination with other Federal programs, of 

section 102(b) of the Workforce Innovation and Opportunity Act; and 

(ii) paragraph (2)(C)(i), relating to implementation 

of one-stop delivery systems, of section 102(b) of the 

Workforce Innovation and Opportunity Act; and 


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(R) will ensure that entities that carry out activities 

under the project (including State agencies, local entities, 

subgrantees, and subcontractors) and affiliates of such entities receive an amount of the administrative cost allocation determined by the Secretary, in consultation with 

grantees, to be sufficient. 

(2) REGULATIONS.—The Secretary may establish, issue, 

and amend such regulations as may be necessary to effectively 

carry out this title. 

(3) ASSESSMENT AND SERVICE STRATEGIES.— (A) PREPARED UNDER THIS ACT.—An assessment and 

service strategy required by paragraph (1)(N) to be prepared for an eligible individual shall satisfy any condition 

for an assessment and service strategy or individual employment plan for an adult participant under subtitle B of 

title I of the Workforce Innovation and Opportunity Act, in 

order to determine whether such eligible individual also 

qualifies for career or training services described in section 

134(c) of such Act. 

(B) PREPARED UNDER WORKFORCE INNOVATION AND OP- PORTUNITY ACT.—An assessment and service strategy or 

individual employment plan prepared under subtitle B of 

title I of the Workforce Innovation and Opportunity Act for 

an eligible individual may be used to comply with the requirement specified in subparagraph (A). 

(c) FEDERAL SHARE AND USE OF FUNDS.— 

(1) FEDERAL SHARE.—The Secretary may pay a Federal 

share not to exceed 90 percent of the cost of any project for 

which a grant is made under subsection (b), except that the 

Secretary may pay all of such cost if such project is— 

(A) an emergency or disaster project; or 

(B) a project located in an economically depressed 

area, as determined by the Secretary in consultation with 

the Secretary of Commerce and the Secretary of Health 

and Human Services. 

(2) NON-FEDERAL SHARE.—The non-Federal share shall be 

in cash or in kind. In determining the amount of the non-Federal share, the Secretary may attribute fair market value to 

services and facilities contributed from non-Federal sources. 

(3) USE OF FUNDS FOR ADMINISTRATIVE COSTS.—Of the 

grant amount to be paid under this subsection by the Secretary 

for a project, not to exceed 13.5 percent shall be available for 

any fiscal year to pay the administrative costs of such project, 

except that— 

(A) the Secretary may increase the amount available 

to pay the administrative costs to an amount not to exceed 

15 percent of the grant amount if the Secretary determines, based on information submitted by the grantee 

under subsection (b), that such increase is necessary to 

carry out such project; and 

(B) if the grantee under subsection (b) demonstrates to 

the Secretary that— 

(i) major administrative cost increases are being 

incurred in necessary program components, including 


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liability insurance, payments for workers’ compensation, costs associated with achieving unsubsidized 

placement goals, and costs associated with other operation requirements imposed by the Secretary; 

(ii) the number of community service employment 

positions in the project or the number of minority eligible individuals participating in the project will decline if the amount available to pay the administrative 

costs is not increased; or 

(iii) the size of the project is so small that the 

amount of administrative costs incurred to carry out 

the project necessarily exceeds 13.5 percent of the 

grant amount; 

the Secretary shall increase the amount available for such 

fiscal year to pay the administrative costs to an amount 

not to exceed 15 percent of the grant amount. 

(4) ADMINISTRATIVE COSTS.—For purposes of this title, administrative costs are the costs, both personnel-related and 

nonpersonnel-related and both direct and indirect, associated 

with the following: 

(A) The costs of performing general administrative 

functions and of providing for the coordination of functions, such as the costs of— 

(i) accounting, budgeting, and financial and cash 

management; 

(ii) procurement and purchasing; 

(iii) property management; 

(iv) personnel management; 

(v) payroll functions; 

(vi) coordinating the resolution of findings arising 

from audits, reviews, investigations, and incident reports; 

(vii) audits; 

(viii) general legal services; 

(ix) developing systems and procedures, including 

information systems, required for administrative functions; 

(x) preparing administrative reports; and 

(xi) other activities necessary for the general administration of government funds and associated programs. 

(B) The costs of performing oversight and monitoring 

responsibilities related to administrative functions. 

(C) The costs of goods and services required for administrative functions of the project involved, including goods 

and services such as rental or purchase of equipment, utilities, office supplies, postage, and rental and maintenance 

of office space. 

(D) The travel costs incurred for official business in 

carrying out administrative activities or overall management. 

(E) The costs of information systems related to administrative functions (such as personnel, procurement, purchasing, property management, accounting, and payroll 


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systems), including the purchase, systems development, 

and operating costs of such systems. 

(F) The costs of technical assistance, professional organization membership dues, and evaluating results obtained 

by the project involved against stated objectives. 

(5) NON-FEDERAL SHARE OF ADMINISTRATIVE COSTS.—To 

the extent practicable, an entity that carries out a project 

under this title shall provide for the payment of the expenses 

described in paragraph (4) from non-Federal sources. 

(6) USE OF FUNDS FOR WAGES AND BENEFITS AND PRO- GRAMMATIC ACTIVITY COSTS.— (A) IN GENERAL.—Amounts made available for a 

project under this title that are not used to pay for the administrative costs shall be used to pay for the costs of programmatic activities, including the costs of— 

(i) participant wages, such benefits as are required by law (such as workers’ compensation or unemployment compensation), the costs of physical examinations, compensation for scheduled work hours 

during which an employer’s business is closed for a 

Federal holiday, and necessary sick leave that is not 

part of an accumulated sick leave program, except 

that no amounts provided under this title may be used 

to pay the cost of pension benefits, annual leave, accumulated sick leave, or bonuses; 

(ii) participant training (including the payment of 

reasonable costs of instructors, classroom rental, training supplies, materials, equipment, and tuition), which 

may be provided prior to or subsequent to placement 

and which may be provided on the job, in a classroom 

setting, or pursuant to other appropriate arrangements; 

(iii) job placement assistance, including job development and job search assistance; 

(iv) participant supportive services to enable a 

participant to successfully participate in a project 

under this title, which may include the payment of 

reasonable costs of transportation, health and medical 

services, special job-related or personal counseling, 

incidentals (such as work shoes, badges, uniforms, eyeglasses, and tools), child and adult care, temporary 

shelter, and follow-up services; and 

(v) outreach, recruitment and selection, intake, 

orientation, and assessments. 

(B) USE OF FUNDS FOR WAGES AND BENEFITS.—From 

the funds made available through a grant made under subsection (b), a grantee under this title— 

(i) except as provided in clause (ii), shall use not 

less than 75 percent of the grant funds to pay the 

wages, benefits, and other costs described in subparagraph (A)(i) for eligible individuals who are employed 

under projects carried out under this title; or 

(ii) that obtains approval for a request described 

in subparagraph (C) may use not less than 65 percent 


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of the grant funds to pay the wages, benefits, and 

other costs described in subparagraph (A)(i). 

(C) REQUEST TO USE ADDITIONAL FUNDS FOR PRO- GRAMMATIC ACTIVITY COSTS.— (i) IN GENERAL.—A grantee may submit to the 

Secretary a request for approval— 

(I) to use not less than 65 percent of the grant 

funds to pay the wages, benefits, and other costs 

described in subparagraph (A)(i); 

(II) to use the percentage of grant funds described in paragraph (3) to pay for administrative 

costs, as specified in that paragraph; 

(III) to use not more than 10 percent of the 

grant funds for individual participants to provide 

activities described in clauses (ii) and (iv) of subparagraph (A), in which case the grantee shall 

provide (from the funds described in this subclause) the subsistence allowance described in 

subsection (b)(1)(I) for those individual participants who are receiving training described in that 

subsection from the funds described in this subclause, but may not use the funds described in 

this subclause to pay for any administrative costs; 

and 

(IV) to use the remaining grant funds to provide activities described in clauses (ii) through (v) 

of subparagraph (A). 

(ii) CONTENTS.—In submitting the request the 

grantee shall include in the request— 

(I) a description of the activities for which the 

grantee will spend the grant funds described in 

subclauses (III) and (IV) of clause (i), consistent 

with those subclauses; 

(II) an explanation documenting how the provision of such activities will improve the effectiveness of the project, including an explanation concerning whether any displacement of eligible individuals or elimination of positions for such individuals will occur, information on the number of 

such individuals to be displaced and of such positions to be eliminated, and an explanation concerning how the activities will improve employment outcomes for individuals served, based on 

the assessment conducted under subsection 

(b)(1)(N); and 

(III) a proposed budget and work plan for the 

activities, including a detailed description of the 

funds to be spent on the activities described in 

subclauses (III) and (IV) of clause (i). 

(iii) SUBMISSION.—The grantee shall submit a request described in clause (i) not later than 90 days before the proposed date of implementation contained in 

the request. Not later than 30 days before the proposed date of implementation, the Secretary shall apVerDate Mar 15 2010 19:37 Apr 10, 2020 Jkt 000000 PO 00000 Frm 00120 Fmt 9001 Sfmt 9001 G:\COMP\EDVI\OAAO1.BEL HOLC

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11Section 6(a)(2)(A) of Public Law 114–144 provides for an amendment to insert ‘‘and the local 

workforce development board’’ after ‘‘service area’’. Such amendment was executed above to the 

first occurrence of the phrase ‘‘service area’’. 

prove, approve as modified, or reject the request, on 

the basis of the information included in the request as 

described in clause (ii). 

(D) REPORT.—Each grantee under subsection (b) shall 

annually prepare and submit to the Secretary a report documenting the grantee’s use of funds for activities described 

in clauses (i) through (v) of subparagraph (A). 

(d) PROJECT DESCRIPTION.—Whenever a grantee conducts a 

project within a planning and service area and the local workforce 

development board 11 in a State, such grantee shall conduct such 

project in consultation with the area agency on aging of the planning and service area 11 and shall submit to the State agency, the 

local workforce development board, and the area agency on aging 

a description of such project to be conducted in the State, including 

the location of the project, 90 days prior to undertaking the project, 

for review and public comment according to guidelines the Secretary shall issue to assure efficient and effective coordination of 

projects under this title. 

(e) PILOT, DEMONSTRATION, AND EVALUATION PROJECTS.— 

(1) IN GENERAL.—The Secretary, in addition to exercising 

any other authority contained in this title, shall use funds reserved under section 506(a)(1) to carry out demonstration 

projects, pilot projects, and evaluation projects, for the purpose 

of developing and implementing techniques and approaches, 

and demonstrating the effectiveness of the techniques and approaches, in addressing the employment and training needs of 

eligible individuals. The Secretary shall enter into such agreements with States, public agencies, nonprofit private organizations, or private business concerns, as may be necessary, to 

conduct the projects authorized by this subsection. To the extent practicable, the Secretary shall provide an opportunity, 

prior to the development of a demonstration or pilot project, for 

the appropriate area agency on aging to submit comments on 

such a project in order to ensure coordination of activities 

under this title. 

(2) PROJECTS.—Such projects may include— 

(A) activities linking businesses and eligible individuals, including activities providing assistance to participants transitioning from subsidized activities to private 

sector employment; 

(B) demonstration projects and pilot projects designed 

to— 

(i) attract more eligible individuals into the labor 

force; 

(ii) improve the provision of services to eligible individuals under one-stop delivery systems established 

under section 121(e) of the Workforce Innovation and 

Opportunity Act; 

(iii) enhance the technological skills of eligible individuals; and 


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(iv) provide incentives to grantees under this title 

for exemplary performance and incentives to businesses to promote their participation in the program 

under this title; 

(C) demonstration projects and pilot projects, as described in subparagraph (B), for workers who are older individuals (but targeted to eligible individuals) only if such 

demonstration projects and pilot projects are designed to 

assist in developing and implementing techniques and approaches in addressing the employment and training needs 

of eligible individuals; 

(D) provision of training and technical assistance to 

support any project funded under this title; 

(E) dissemination of best practices relating to employment of eligible individuals; and 

(F) evaluation of the activities authorized under this 

title. 

(3) CONSULTATION.—To the extent practicable, entities carrying out projects under this subsection shall consult with appropriate area agencies on aging, with the State workforce development board and local workforce development board, and 

with other appropriate agencies and entities to promote coordination of activities under this title. 

ø42 U.S.C. 3056¿ 

SEC. 503. ADMINISTRATION. 

(a) STATE PLAN.— 

(1) GOVERNOR.—For a State to be eligible to receive an allotment under section 506, the Governor of the State shall submit to the Secretary for consideration and approval, a single 

State plan (referred to in this title as the ‘‘State plan’’) that 

outlines a 4-year strategy for the statewide provision of community service employment and other authorized activities for 

eligible individuals under this title. The plan shall contain 

such provisions as the Secretary may require, consistent with 

this title, including a description of the process used to ensure 

the participation of individuals described in paragraph (2). Not 

less often than every 2 years, the Governor shall review the 

State plan and submit an update to the State plan to the Secretary for consideration and approval. 

(2) RECOMMENDATIONS.—In developing the State plan 

prior to its submission to the Secretary, the Governor shall 

seek the advice and recommendations of— 

(A) individuals representing the State agency and the 

area agencies on aging in the State, and the State and 

local workforce development boards established under title 

I of the Workforce Innovation and Opportunity Act; 

(B) individuals representing public and nonprofit private agencies and organizations providing employment 

services, including each grantee operating a project under 

this title in the State; and 

(C) individuals representing social service organizations providing services to older individuals, grantees 

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ployed older individuals, community-based organizations 

serving the needs of older individuals, business organizations, and labor organizations. 

(3) COMMENTS.—Any State plan submitted by the Governor in accordance with paragraph (1) shall be accompanied 

by copies of public comments relating to the plan received pursuant to paragraph (8), and a summary of the comments. 

(4) PLAN PROVISIONS.—The State plan shall identify and 

address— 

(A) the relationship that the number of eligible individuals in each area bears to the total number of eligible 

individuals, respectively, in the State; 

(B) the relative distribution of eligible individuals residing in rural and urban areas in the State; and 

(C) the relative distribution of— 

(i) eligible individuals who are individuals with 

greatest economic need; 

(ii) eligible individuals who are minority individuals; 

(iii) eligible individuals who are limited English 

proficient; 

(iv) eligible individuals who are individuals with 

greatest social need; and 

(v) eligible individuals who have been incarcerated 

within the last 5 years or are under supervision following release from prison or jail within the last 5 

years; 

(D) the current and projected employment opportunities in the State (such as by providing information available under section 15 of the Wagner-Peyser Act (29 U.S.C. 

49l–2) by occupation), and the type of skills possessed by 

local eligible individuals; 

(E) the localities and populations for which projects of 

the type authorized by this title are most needed; and 

(F) how the activities of grantees in the State under 

this title will be coordinated with activities carried out in 

the State under title I of the Workforce Innovation and 

Opportunity Act (29 U.S.C. 3111 et seq.) and other related 

programs (referred to in this subparagraph as ‘‘WIOA and 

related activities’’), and how the State will reduce unnecessary duplication between the activities carried out under 

this title and the WIOA and related activities. 

(5) GOVERNOR’S RECOMMENDATIONS.—Before a proposal for 

a grant under this title for any fiscal year is submitted to the 

Secretary, the Governor of the State in which projects are proposed to be conducted under such grant shall be afforded a reasonable opportunity to submit to the Secretary— 

(A) recommendations regarding the anticipated effect 

of each such proposal upon the overall distribution of enrollment positions under this title in the State (including 

such distribution among urban and rural areas), taking 

into account the total number of positions to be provided 

by all grantees in the State; 


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(B) any recommendations for redistribution of positions to underserved areas as vacancies occur in previously 

encumbered positions in other areas; and 

(C) in the case of any increase in funding that may be 

available for use in the State under this title for the fiscal 

year, any recommendations for distribution of newly available positions in excess of those available during the preceding year to underserved areas. 

(6) COMBINED STATE PLAN.—In lieu of the plan described 

in paragraph (1), a State may develop and submit a combined 

State plan in accordance with section 103 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3113). For a State 

that obtains approval of such a combined State plan, that section 103 shall apply in lieu of this subsection and a reference 

in any other provision of this title (other than this subsection) 

to a State plan shall be considered to be a reference to that 

combined State plan. 

(7) DISRUPTIONS.—In developing a plan or considering a 

recommendation under this subsection, the Governor shall 

avoid disruptions in the provision of services for participants to 

the greatest possible extent. 

(8) DETERMINATION; REVIEW.— (A) DETERMINATION.—In order to effectively carry out 

this title, each State shall make the State plan available 

for public comment. The Secretary, in consultation with 

the Assistant Secretary, shall review the plan and make a 

written determination with findings and a decision regarding the plan. 

(B) REVIEW.—The Secretary may review, on the Secretary’s own initiative or at the request of any public or 

private agency or organization or of any agency of the 

State, the distribution of projects and services under this 

title in the State, including the distribution between urban 

and rural areas in the State. For each proposed reallocation of projects or services in a State, the Secretary shall 

give notice and opportunity for public comment. 

(9) EXEMPTION.—The grantees that serve eligible individuals who are older Indians or Pacific Island and Asian Americans with funds reserved under section 506(a)(3) may not be 

required to participate in the State planning processes described in this section but shall collaborate with the Secretary 

to develop a plan for projects and services to eligible individuals who are Indians or Pacific Island and Asian Americans, 

respectively. 

(b) COORDINATION WITH OTHER FEDERAL PROGRAMS.— 

(1) IN GENERAL.—The Secretary and the Assistant Secretary shall coordinate the program carried out under this title 

with programs carried out under other titles of this Act, to increase employment opportunities available to older individuals. 

(2) PROGRAMS.— 

(A) IN GENERAL.—The Secretary shall coordinate programs carried out under this title with the program carried out under the Workforce Innovation and Opportunity 

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


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9901 et seq.), the Rehabilitation Act of 1973 (29 U.S.C. 701 

et seq.), the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.), the National 

and Community Service Act of 1990 (42 U.S.C. 12501 et 

seq.), and the Domestic Volunteer Service Act of 1973 (42 

U.S.C. 4950 et seq.). The Secretary shall coordinate the administration of this title with the administration of other 

titles of this Act by the Assistant Secretary to increase the 

likelihood that eligible individuals for whom employment 

opportunities under this title are available and who need 

services under such titles receive such services. 

(B) USE OF FUNDS.— 

(i) PROHIBITION.—Funds appropriated to carry out 

this title may not be used to carry out any program 

under the Workforce Innovation and Opportunity Act, 

the Community Services Block Grant Act, the Rehabilitation Act of 1973, the Carl D. Perkins Career and 

Technical Education Act of 2006, the National and 

Community Service Act of 1990, or the Domestic Volunteer Service Act of 1973. 

(ii) JOINT ACTIVITIES.—Clause (i) shall not be construed to prohibit carrying out projects under this title 

jointly with programs, projects, or activities under any 

Act specified in clause (i), or from carrying out section 

511. 

(3) INFORMATIONAL MATERIALS ON AGE DISCRIMINATION.— 

The Secretary shall distribute to grantees under this title, for 

distribution to program participants, and at no cost to grantees 

or participants, informational materials developed and supplied by the Equal Employment Opportunity Commission and 

other appropriate Federal agencies that the Secretary determines are designed to help participants identify age discrimination and to understand their rights under the Age Discrimination in Employment Act of 1967 (29 U.S.C. 621 et seq.). 

(c) USE OF SERVICES, EQUIPMENT, PERSONNEL, AND FACILITIES.—In carrying out this title, the Secretary may use the services, equipment, personnel, and facilities of Federal and other agencies, with their consent, with or without reimbursement, and on a 

similar basis cooperate with other public and nonprofit private 

agencies and organizations in the use of services, equipment, and 

facilities. 

(d) PAYMENTS.—Payments under this title may be made in advance or by way of reimbursement and in such installments as the 

Secretary may determine. 

(e) NO DELEGATION OF FUNCTIONS.—The Secretary shall not 

delegate any function of the Secretary under this title to any other 

Federal officer or entity. 

(f) COMPLIANCE.— 

(1) MONITORING.—The Secretary shall monitor projects for 

which grants are made under this title to determine whether 

the grantees are complying with rules and regulations issued 

to carry out this title (including the statewide planning, consultation, and coordination requirements of this title). 


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(2) COMPLIANCE WITH UNIFORM COST PRINCIPLES AND AD- MINISTRATIVE REQUIREMENTS.—Each grantee that receives 

funds under this title shall comply with the applicable uniform 

cost principles and appropriate administrative requirements 

for grants and contracts that are applicable to the type of entity that receives funds, as issued as circulars or rules of the Office of Management and Budget. 

(3) REPORTS.—Each grantee described in paragraph (2) 

shall prepare and submit a report in such manner and containing such information as the Secretary may require regarding activities carried out under this title. 

(4) RECORDS.—Each grantee described in paragraph (2) 

shall keep records that— 

(A) are sufficient to permit the preparation of reports 

required by this title; 

(B) are sufficient to permit the tracing of funds to a 

level of expenditure adequate to ensure that the funds 

have not been spent unlawfully; and 

(C) contain any other information that the Secretary 

determines to be appropriate. 

(g) EVALUATIONS.—The Secretary shall establish by rule and 

implement a process to evaluate, in accordance with section 513, 

the performance of projects carried out and services provided under 

this title. The Secretary shall report to Congress, and make available to the public, the results of each such evaluation and shall use 

such evaluation to improve services delivered by, or the operation 

of, projects carried out under this title. 

ø42 U.S.C. 3056a¿ 

SEC. 504. PARTICIPANTS NOT FEDERAL EMPLOYEES. 

(a) INAPPLICABILITY OF CERTAIN PROVISIONS COVERING FED- ERAL EMPLOYEES.—Eligible individuals who are participants in any 

project funded under this title shall not be considered to be Federal 

employees as a result of such participation and shall not be subject 

to part III of title 5, United States Code. 

(b) WORKERS’ COMPENSATION.—No grant or subgrant shall be 

made and no contract or subcontract shall be entered into under 

this title with an entity who is, or whose employees are, under 

State law, exempted from operation of the State workers’ compensation law, generally applicable to employees, unless the entity 

shall undertake to provide either through insurance by a recognized carrier or by self-insurance, as authorized by State law, that 

the persons employed under the grant, subgrant, contract, or subcontract shall enjoy workers’ compensation coverage equal to that 

provided by law for covered employment. 

ø42 U.S.C. 3056b¿ 

SEC. 505. INTERAGENCY COOPERATION. 

(a) CONSULTATION WITH THE ASSISTANT SECRETARY.—The Secretary shall consult with and obtain the written views of the Assistant Secretary before issuing rules and before establishing general policy in the administration of this title. 

(b) CONSULTATION WITH HEADS OF OTHER AGENCIES.—The 

Secretary shall consult and cooperate with the Secretary of Health 


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and Human Services (acting through officers including the Director 

of the Office of Community Services), and the heads of other Federal agencies that carry out programs related to the program carried out under this title, in order to achieve optimal coordination 

of the program carried out under this title with such related programs. Each head of a Federal agency shall cooperate with the Secretary in disseminating information relating to the availability of 

assistance under this title and in promoting the identification and 

interests of individuals eligible for employment in projects assisted 

under this title. 

(c) COORDINATION.— 

(1) IN GENERAL.—The Secretary shall promote and coordinate efforts to carry out projects under this title jointly with 

programs, projects, or activities carried out under other Acts, 

especially activities provided under the Workforce Innovation 

and Opportunity Act, including activities provided through 

one-stop delivery systems established under section 121(e) of 

such Act, that provide training and employment opportunities 

to eligible individuals. 

(2) COORDINATION WITH CERTAIN ACTIVITIES.—The Secretary shall consult with the Secretary of Education to promote 

and coordinate efforts to carry out projects under this title 

jointly with activities in which eligible individuals may participate that are carried out under the Carl D. Perkins Career and 

Technical Education Act of 2006 (20 U.S.C. 2301 et seq.). 

ø42 U.S.C. 3056c¿ 

SEC. 506. DISTRIBUTION OF ASSISTANCE. 

(a) RESERVATIONS.— 

(1) RESERVATION FOR PILOT DEMONSTRATION AND EVALUATION PROJECTS.—Of the funds appropriated to carry out this 

title for each fiscal year, the Secretary may first reserve not 

more than 1.5 percent to carry out demonstration projects, 

pilot projects, and evaluation projects under section 502(e). 

(2) RESERVATION FOR TERRITORIES.—Of the funds appropriated to carry out this title for each fiscal year, the Secretary 

shall reserve 0.75 percent, of which— 

(A) Guam, American Samoa, and the United States 

Virgin Islands shall each receive 30 percent of the funds 

so reserved; and 

(B) the Commonwealth of the Northern Mariana Islands shall receive 10 percent of the funds so reserved. 

(3) RESERVATION FOR ORGANIZATIONS.—Of the funds appropriated to carry out this title for each fiscal year, the Secretary 

shall reserve such amount as may be necessary to make national grants to public or nonprofit national Indian aging organizations with the ability to provide community service employment and other authorized activities for eligible individuals who are Indians and to national public or nonprofit Pacific 

Island and Asian American aging organizations with the ability to provide community service employment and other authorized activities for eligible individuals who are Pacific Island and Asian Americans. 


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(b) STATE ALLOTMENTS.—The allotment for each State shall be 

the sum of the amounts allotted for national grants in such State 

under subsection (d) and for the grant to such State under subsection (e). 

(c) DIVISION BETWEEN NATIONAL GRANTS AND GRANTS TO

STATES.—The funds appropriated to carry out this title for any fiscal year that remain after amounts are reserved under paragraphs 

(1), (2), and (3) of subsection (a) shall be divided by the Secretary 

between national grants and grants to States as follows: 

(1) RESERVATION OF FUNDS FOR FISCAL YEAR 2000 LEVEL OF

ACTIVITIES.— 

(A) IN GENERAL.—The Secretary shall reserve the 

amount of funds necessary to maintain the fiscal year 2000 

level of activities supported by grantees that operate under 

this title under national grants from the Secretary, and 

the fiscal year 2000 level of activities supported by State 

grantees under this title, in proportion to their respective 

fiscal year 2000 levels of activities. 

(B) INSUFFICIENT APPROPRIATIONS.—If in any fiscal 

year the funds appropriated to carry out this title are insufficient to satisfy the requirement specified in subparagraph (A), then the amount described in subparagraph (A) 

shall be reduced proportionally. 

(2) FUNDING IN EXCESS OF FISCAL YEAR 2000 LEVEL OF AC- TIVITIES.— 

(A) UP TO $35,000,000.—The amount of funds remaining 

(if any) after the application of paragraph (1), but not to 

exceed $35,000,000, shall be divided so that 75 percent 

shall be provided to State grantees and 25 percent shall be 

provided to grantees that operate under this title under 

national grants from the Secretary. 

(B) OVER $35,000,000.—The amount of funds remaining 

(if any) after the application of subparagraph (A) shall be 

divided so that 50 percent shall be provided to State grantees and 50 percent shall be provided to grantees that operate under this title under national grants from the Secretary. 

(d) ALLOTMENTS FOR NATIONAL GRANTS.—From funds available 

under subsection (c) for national grants, the Secretary shall allot 

for public and nonprofit private agency and organization grantees 

that operate under this title under national grants from the Secretary in each State, an amount that bears the same ratio to such 

funds as the product of the number of individuals age 55 or older 

in the State and the allotment percentage of such State bears to 

the sum of the corresponding products for all States, except as follows: 

(1) MINIMUM ALLOTMENT.—No State shall be provided an 

amount under this subsection that is less than 1⁄2 of 1 percent 

of the amount provided under subsection (c) for public and nonprofit private agency and organization grantees that operate 

under this title under national grants from the Secretary in all 

of the States. 

(2) HOLD HARMLESS.—If such amount provided under subsection (c) is— 


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(A) equal to or less than the amount necessary to 

maintain the fiscal year 2000 level of activities, allotments 

for grantees that operate under this title under national 

grants from the Secretary in each State shall be proportional to the amount necessary to maintain their fiscal 

year 2000 level of activities; or 

(B) greater than the amount necessary to maintain the 

fiscal year 2000 level of activities, no State shall be provided a percentage increase above the amount necessary to 

maintain the fiscal year 2000 level of activities for grantees that operate under this title under national grants 

from the Secretary in the State that is less than 30 percent of the percentage increase above the amount necessary to maintain the fiscal year 2000 level of activities 

for public and private nonprofit agency and organization 

grantees that operate under this title under national 

grants from the Secretary in all of the States. 

(3) REDUCTION.—Allotments for States not affected by 

paragraphs (1) and (2)(B) shall be reduced proportionally to 

satisfy the conditions in such paragraphs. 

(e) ALLOTMENTS FOR GRANTS TO STATES.—From the amount 

provided for grants to States under subsection (c), the Secretary 

shall allot for the State grantee in each State an amount that bears 

the same ratio to such amount as the product of the number of individuals age 55 or older in the State and the allotment percentage 

of such State bears to the sum of the corresponding products for 

all States, except as follows: 

(1) MINIMUM ALLOTMENT.—No State shall be provided an 

amount under this subsection that is less than 1⁄2 of 1 percent 

of the amount provided under subsection (c) for State grantees 

in all of the States. 

(2) HOLD HARMLESS.—If such amount provided under subsection (c) is— 

(A) equal to or less than the amount necessary to 

maintain the fiscal year 2000 level of activities, allotments 

for State grantees in each State shall be proportional to 

the amount necessary to maintain their fiscal year 2000 

level of activities; or 

(B) greater than the amount necessary to maintain the 

fiscal year 2000 level of activities, no State shall be provided a percentage increase above the amount necessary to 

maintain the fiscal year 2000 level of activities for State 

grantees in the State that is less than 30 percent of the 

percentage increase above the amount necessary to maintain the fiscal year 2000 level of activities for State grantees in all of the States. 

(3) REDUCTION.—Allotments for States not affected by 

paragraphs (1) and (2)(B) shall be reduced proportionally to 

satisfy the conditions in such paragraphs. 

(f) ALLOTMENT PERCENTAGE.—For purposes of subsections (d) 

and (e) and this subsection— 

(1) the allotment percentage of each State shall be 100 percent less that percentage that bears the same ratio to 50 perVerDate Mar 15 2010 19:37 Apr 10, 2020 Jkt 000000 PO 00000 Frm 00129 Fmt 9001 Sfmt 9001 G:\COMP\EDVI\OAAO1.BEL HOLC

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cent as the per capita income of such State bears to the per 

capita income of the United States, except that— 

(A) the allotment percentage shall be not more than 

75 percent and not less than 33 percent; and 

(B) the allotment percentage for the District of Columbia and the Commonwealth of Puerto Rico shall be 75 percent; 

(2) the number of individuals age 55 or older in any State 

and in all States, and the per capita income in any State and 

in all States, shall be determined by the Secretary on the basis 

of the most satisfactory data available to the Secretary; and 

(3) for the purpose of determining the allotment percentage, the term ‘‘United States’’ means the 50 States, and the 

District of Columbia. 

(g) DEFINITIONS.—In this section: 

(1) COST PER AUTHORIZED POSITION.—The term ‘‘cost per 

authorized position’’ means the sum of— 

(A) the hourly minimum wage rate specified in section 

6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 

206(a)(1)), multiplied by the number of hours equal to the 

product of 21 hours and 52 weeks; 

(B) an amount equal to 11 percent of the amount specified under subparagraph (A), for the purpose of covering 

Federal payments for fringe benefits; and 

(C) an amount determined by the Secretary, for the 

purpose of covering Federal payments for the remainder of 

all other program and administrative costs. 

(2) FISCAL YEAR 2000 LEVEL OF ACTIVITIES.—The term ‘‘fiscal year 2000 level of activities’’ means— 

(A) with respect to public and nonprofit private agency 

and organization grantees that operate under this title 

under national grants from the Secretary, their level of activities for fiscal year 2000; and 

(B) with respect to State grantees, their level of activities for fiscal year 2000. 

(3) GRANTS TO STATES.—The term ‘‘grants to States’’ means 

grants made under this title by the Secretary to the States. 

(4) LEVEL OF ACTIVITIES.—The term ‘‘level of activities’’ 

means the number of authorized positions multiplied by the 

cost per authorized position. 

(5) NATIONAL GRANTS.—The term ‘‘national grants’’ means 

grants made under this title by the Secretary to public and 

nonprofit private agency and organization grantees that operate under this title. 

(6) STATE.—The term ‘‘State’’ does not include Guam, 

American Samoa, the Commonwealth of the Northern Mariana 

Islands, and the United States Virgin Islands. 

ø42 U.S.C. 3056d¿ 

SEC. 507. EQUITABLE DISTRIBUTION. 

(a) INTERSTATE ALLOCATION.—In making grants under section 

502(b) from allotments made under section 506, the Secretary shall 

ensure, to the extent feasible, an equitable distribution of activities 


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under such grants, in the aggregate, among the States, taking into 

account the needs of underserved States. 

(b) INTRASTATE ALLOCATION.—The amount allocated for 

projects within each State under section 506 shall be allocated 

among areas in the State in an equitable manner, taking into consideration the State priorities set out in the State plan in effect 

under section 503(a). 

ø42 U.S.C. 3056e¿ 

SEC. 508. REPORT. 

To carry out the Secretary’s responsibilities for reporting in 

section 503(g), the Secretary shall require the State agency for each 

State that receives funds under this title to prepare and submit a 

report at the beginning of each fiscal year on such State’s compliance with section 507(b). Such report shall include the names and 

geographic location of all projects assisted under this title and carried out in the State and the amount allocated to each such project 

under section 506. 

ø42 U.S.C. 3056f¿ 

SEC. 509. EMPLOYMENT ASSISTANCE AND FEDERAL HOUSING AND 

SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAMS. 

Funds received by eligible individuals from projects carried out 

under the program established under this title shall not be considered to be income of such individuals for purposes of determining 

the eligibility of such individuals, or of any other individuals, to 

participate in any housing program for which Federal funds may 

be available or for any income determination under the Food and 

Nutrition Act of 2008 (7 U.S.C. 2011 et seq.). 

ø42 U.S.C. 3056g¿ 

SEC. 510. ELIGIBILITY FOR WORKFORCE INVESTMENT ACTIVITIES. 

Eligible individuals under this title may be considered by local 

workforce development boards and one-stop operators established 

under title I of the Workforce Innovation and Opportunity Act to 

satisfy the requirements for receiving services under such title that 

are applicable to adults. 

ø42 U.S.C. 3056h¿ 

SEC. 511. COORDINATION WITH THE WORKFORCE INNOVATION AND 

OPPORTUNITY ACT. 

(a) PARTNERS.—Grantees under this title shall be one-stop 

partners as described in subparagraphs (A) and (B)(v) of section 

121(b)(1) of the Workforce Innovation and Opportunity Act in the 

one-stop delivery system established under section 121(e) of such 

Act for the appropriate local workforce development areas, and 

shall carry out the responsibilities relating to such partners. 

(b) COORDINATION.—In local workforce investment areas where 

more than 1 grantee under this title provides services, the grantees 

shall— 

(1) coordinate their activities related to the one-stop delivery systems; and 


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(2) be signatories of the memorandum of understanding established under section 121(c) of the Workforce Innovation and 

Opportunity Act. 

ø42 U.S.C. 3056i¿ 

SEC. 512. TREATMENT OF ASSISTANCE. 

Assistance provided under this title shall not be considered to 

be financial assistance described in section 245A(h)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1255a(h)(1)(A)). 

ø42 U.S.C. 3056j¿ 

SEC. 513. PERFORMANCE. 

(a) MEASURES.— 

(1) ESTABLISHMENT AND IMPLEMENTATION OF MEASURES.— 

The Secretary shall establish and implement, after consultation with grantees, subgrantees, and host agencies under this 

title, States, older individuals, area agencies on aging, and 

other organizations serving older individuals, core measures of 

performance for each grantee for projects and services carried 

out under this title. The core measures of performance shall be 

applicable to each grantee under this title without regard to 

whether such grantee operates the program directly or through 

subcontracts, subgrants, or agreements with other entities. 

(2) CONTENT.— 

(A) COMPOSITION OF MEASURES.—The core measures of 

performance established by the Secretary in accordance 

with paragraph (1) shall consist of core indicators of performance specified in subsection (b)(1) and the expected 

levels of performance applicable to each core indicator of 

performance. 

(B) EXPECTED LEVELS OF PERFORMANCE.—The Secretary and each grantee shall reach agreement on the expected levels of performance for each program year for 

each of the core indicators of performance specified in subparagraph (A). Funds may not be awarded under the grant 

until such agreement is reached. At the conclusion of negotiations concerning the levels with all grantees, the Secretary shall make available for public review the final negotiated expected levels of performance for each grantee, 

including any comments submitted by the grantee regarding the grantee’s satisfaction with the negotiated levels. 

(C) AGREEMENT ON EXPECTED LEVELS OF PERFORMANCE.— 

(i) FIRST 2 YEARS.—Each grantee shall reach 

agreement with the Secretary on levels of performance 

for each measure described in subparagraph (A)(i), for 

each of the first 2 program years covered by the grant 

agreement. In reaching the agreement, the grantee 

and the Secretary shall take into account the expected 

levels proposed by the grantee and the factors described in subparagraph (D). The levels agreed to shall 

be considered to be the expected levels of performance 

for the grantee for such program years. 


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(ii) THIRD AND FOURTH YEAR.—Each grantee shall 

reach agreement with the Secretary, prior to the third 

program year covered by the grant agreement, on levels of performance for each measure described in subparagraph (A), for each of the third and fourth program years so covered. In reaching the agreement, the 

grantee and the Secretary shall take into account the 

expected levels proposed by the grantee and the factors described in subparagraph (D). The levels agreed 

to shall be considered to be the expected levels of performance for the grantee for such program years. 

(D) FACTORS.—In reaching the agreements described 

in subparagraph (B), each grantee and the Secretary 

shall— 

(i) take into account how the levels involved compare with the expected levels of performance established for other grantees; 

(ii) ensure that the levels involved are adjusted, 

using an objective statistical model based on the model 

established by the Secretary in accordance with section 116(a)(3)(A)(viii)) of the Workforce Investment 

and Opportunity Act (29 U.S.C. 3141(a)(3)(A)(viii)); 

and 

(iii) take into account the extent to which the levels involved promote continuous improvement in performance accountability on the core measures and ensure optimal return on the investment of Federal 

funds. 

(E) ADJUSTMENTS BASED ON ECONOMIC CONDITIONS

AND INDIVIDUALS SERVED DURING THE PROGRAM YEAR.— 

The Secretary shall, in accordance with the objective statistical model developed pursuant to subparagraph (D)(ii), 

adjust the expected levels of performance for a program 

year for grantees, to reflect the actual economic conditions 

and characteristics of participants in the corresponding 

projects during such program year. 

(3) LIMITATION.—An agreement to be evaluated on the core 

measures of performance shall be a requirement for application 

for, and a condition of, all grants authorized by this title. 

(b) INDICATORS OF PERFORMANCE.— 

(1) CORE INDICATORS.—The core indicators of performance 

described in subsection (a)(2)(A) shall consist of— 

(A) hours (in the aggregate) of community service employment; 

(B) the percentage of project participants who are in 

unsubsidized employment during the second quarter after 

exit from the project; 

(C) the percentage of project participants who are in 

unsubsidized employment during the fourth quarter after 

exit from the project; 

(D) the median earnings of project participants who 

are in unsubsidized employment during the second quarter 

after exit from the project; 


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(E) indicators of effectiveness in serving employers, 

host agencies, and project participants; and 

(F) the number of eligible individuals served, including 

the number of participating individuals described in subsection (a)(3)(B)(ii) or (b)(2) of section 518. 

(2) DEFINITIONS OF INDICATORS.—The Secretary, after consultation with national and State grantees, representatives of 

business and labor organizations, and providers of services, 

shall, by regulation, issue definitions of the indicators of performance described in paragraph (1). 

(c) EVALUATION.—The Secretary shall annually evaluate, and 

publish and make available for public review information on, the 

actual performance of each grantee with respect to the levels 

achieved for each of the core indicators of performance, compared 

to the expected levels of performance established under subsection 

(a)(2)(B)(including any adjustments to such levels made in accordance with subsection (a)(2)(E)). 

(d) TECHNICAL ASSISTANCE AND CORRECTIVE EFFORTS.— (1) INITIAL DETERMINATIONS.— (A) IN GENERAL.—As soon as practicable after July 1, 

2016, the Secretary shall determine if a grantee under this 

title has, for program year 2016, met the expected levels 

of performance established under subsection (a)(2)(B) (including any adjustments to such levels made in accordance 

with subsection (a)(2)(E)) for the core indicators of performance. 

(B) TECHNICAL ASSISTANCE.—If the Secretary determines that the grantee, for program year 2016, failed to 

meet the expected levels of performance described in subparagraph (A), the Secretary shall provide technical assistance to assist the grantee to meet the expected levels of 

performance. 

(2) NATIONAL GRANTEES.— 

(A) IN GENERAL.—Not later than 120 days after the 

end of each program year, the Secretary shall determine if 

a national grantee awarded a grant under section 502(b) 

in accordance with section 514 has met the expected levels 

of performance established under subsection (a)(2)(B) (including any adjustments to such levels made in accordance 

with subsection (a)(2)(E)) for the core indicators of performance described in subsection (b)(1). 

(B) TECHNICAL ASSISTANCE AND CORRECTIVE ACTION

PLAN.— 

(i) IN GENERAL.—If the Secretary determines that 

a national grantee fails to meet the expected levels of 

performance described in subparagraph (A), the Secretary after each year of such failure, shall provide 

technical assistance and require such grantee to submit a corrective action plan not later than 160 days 

after the end of the program year. 

(ii) CONTENT.—The plan submitted under clause 

(i) shall detail the steps the grantee will take to meet 

the expected levels of performance in the next program year. 


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(iii) RECOMPETITION.—Any grantee who has failed 

to meet the expected levels of performance for 4 consecutive years shall not be allowed to compete in the 

subsequent grant competition under section 514 following the fourth consecutive year of failure but may 

compete in the next such grant competition after that 

subsequent competition. 

(iv) USE OF CORE INDICATORS.—For purposes of assessing grantee performance under this subparagraph 

before program year 2017, the Secretary shall use the 

core indicators of performance in effect at the time of 

the award and the most recent corresponding expected 

levels of performance. 

(3) STATE GRANTEES.— 

(A) IN GENERAL.—Not later than 120 days after the 

end of each program year, the Secretary shall determine if 

a State grantee allotted funds under section 506(e) has 

met the expected levels of performance established under 

subsection (a)(2)(B) (including any adjustments to such 

levels made in accordance with subsection (a)(2)(E)) for the 

core indicators of performance described in subsection 

(b)(1). 

(B) TECHNICAL ASSISTANCE AND CORRECTIVE ACTION

PLAN.— 

(i) IN GENERAL.—If the Secretary determines that 

a State fails to meet the expected levels of performance described in subparagraph (A), the Secretary, 

after each year of such failure, shall provide technical 

assistance and require the State to submit a corrective 

action plan not later than 160 days after the end of 

the program year. 

(ii) CONTENT.—The plan submitted under clause 

(i) shall detail the steps the State will take to meet the 

expected levels of performance in the next program 

year. 

(iii) COMPETITION.—If the Secretary determines 

that the State fails to meet the expected levels of performance described in subparagraph (A) for 3 consecutive program years, the Secretary shall provide for the 

conduct by the State of a competition to award the 

funds allotted to the State under section 506(e) for the 

first full program year following the Secretary’s determination. 

(4) SPECIAL RULE FOR IMPLEMENTATION.—The Secretary 

shall implement the core measures of performance described in 

this section not later than December 31, 2017. 

(e) IMPACT ON GRANT COMPETITION.—Effective on January 1, 

2018, the Secretary may not publish a notice announcing a grant 

competition under this title, or solicit proposals for grants, until the 

day on which the Secretary implements the core measures of performance. 

ø42 U.S.C. 3056k¿ 


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SEC. 514. COMPETITIVE REQUIREMENTS RELATING TO GRANT 

AWARDS. 

(a) PROGRAM AUTHORIZED.— 

(1) INITIAL APPROVAL OF GRANT APPLICATIONS.—From the 

funds available for national grants under section 506(d), the 

Secretary shall award grants under section 502(b) to eligible 

applicants, through a competitive process that emphasizes 

meeting performance requirements, to carry out projects under 

this title for a period of 4 years, except as provided in paragraph (2). The Secretary may not conduct a grant competition 

under this title until the day described in section 513(e). 

(2) CONTINUATION OF APPROVAL BASED ON PERFORMANCE.— 

If the recipient of a grant made under paragraph (1) meets the 

expected levels of performance described in section 513(d)(2)(A) 

for each year of such 4-year period with respect to a project, 

the Secretary may award a grant under section 502(b) to such 

recipient to continue such project beyond such 4-year period for 

1 additional year without regard to such process. 

(b) ELIGIBLE APPLICANTS.—An applicant shall be eligible to receive a grant under section 502(b) in accordance with subsections 

(a), (c), and (d). 

(c) CRITERIA.—For purposes of subsection (a)(1), the Secretary 

shall select the eligible applicants to receive grants based on the 

following: 

(1) The applicant’s ability to administer a project that 

serves the greatest number of eligible individuals, giving particular consideration to individuals with greatest economic 

need, individuals with greatest social need, and individuals described in subsection (a)(3)(B)(ii) or (b)(2) of section 518. 

(2) The applicant’s ability to administer a project that provides employment for eligible individuals in the communities 

in which such individuals reside, or in nearby communities, 

that will contribute to the general welfare of the communities 

involved. 

(3) The applicant’s ability to administer a project that 

moves eligible individuals into unsubsidized employment. 

(4) The applicant’s prior performance, if any, in meeting 

core measures of performance under this title and the applicant’s ability to address core indicators of performance under 

this title and under other Federal or State programs in the 

case of an applicant that has not previously received a grant 

under this title. 

(5) The applicant’s ability to move individuals with multiple barriers to employment, including individuals described 

in subsection (a)(3)(B)(ii) or (b)(2) of section 518, into unsubsidized employment. 

(6) The applicant’s ability to coordinate activities with 

other organizations at the State and local level. 

(7) The applicant’s plan for fiscal management of the 

project to be administered with funds received in accordance 

with this section. 

(8) The applicant’s ability to administer a project that provides community service. 


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(9) The applicant’s ability to minimize disruption in services for participants and in community services provided. 

(10) Any additional criteria that the Secretary considers to 

be appropriate in order to minimize disruption in services for 

participants. 

(d) RESPONSIBILITY TESTS.— 

(1) IN GENERAL.—Before final selection of a grantee, the 

Secretary shall conduct a review of available records to assess 

the applicant’s overall responsibility to administer Federal 

funds. 

(2) REVIEW.—As part of the review described in paragraph 

(1), the Secretary may consider any information, including the 

applicant’s history with regard to the management of other 

grants. 

(3) FAILURE TO SATISFY TEST.—The failure to satisfy a responsibility test with respect to any 1 factor that is listed in 

paragraph (4), excluding those listed in subparagraphs (A) and 

(B) of such paragraph, does not establish that the applicant is 

not responsible unless such failure is substantial or persists for 

2 or more consecutive years. 

(4) TEST.—The responsibility tests include review of the 

following factors: 

(A) Unsuccessful efforts by the applicant to recover 

debts, after 3 demand letters have been sent, that are established by final agency action, or a failure to comply 

with an approved repayment plan. 

(B) Established fraud or criminal activity of a significant nature within the organization or agency involved. 

(C) Serious administrative deficiencies identified by 

the Secretary, such as failure to maintain a financial management system as required by Federal rules or regulations. 

(D) Willful obstruction of the audit process. 

(E) Failure to provide services to participants for a 

current or recent grant or to meet applicable core measures of performance or address applicable indicators of performance. 

(F) Failure to correct deficiencies brought to the grantee’s attention in writing as a result of monitoring activities, reviews, assessments, or other activities. 

(G) Failure to return a grant closeout package or outstanding advances within 90 days of the grant expiration 

date or receipt of the closeout package, whichever is later, 

unless an extension has been requested and granted. 

(H) Failure to submit required reports. 

(I) Failure to properly report and dispose of Government property as instructed by the Secretary. 

(J) Failure to have maintained effective cash management or cost controls resulting in excess cash on hand. 

(K) Failure to ensure that a subrecipient complies 

with its Office of Management and Budget Circular A–133 

audit requirements specified at section 667.200(b) of title 

20, Code of Federal Regulations. 


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(L) Failure to audit a subrecipient within the required 

period. 

(M) Final disallowed costs in excess of 5 percent of the 

grant or contract award if, in the judgment of the grant officer, the disallowances are egregious. 

(N) Failure to establish a mechanism to resolve a subrecipient’s audit in a timely fashion. 

(5) DETERMINATION.—Applicants that are determined to be 

not responsible shall not be selected as grantees. 

(6) DISALLOWED COSTS.—Interest on disallowed costs shall 

accrue in accordance with the Debt Collection Improvement 

Act of 1996, including the amendments made by that Act. 

(e) GRANTEES SERVING INDIVIDUALS WITH BARRIERS TO EMPLOYMENT.— 

(1) DEFINITION.—In this subsection, the term ‘‘individuals 

with barriers to employment’’ means minority individuals, Indian individuals, individuals with greatest economic need, eligible individuals who have been incarcerated or are under supervision following release from prison or jail, and individuals 

described in subsection (a)(3)(B)(ii) or (b)(2) of section 518. 

(2) SPECIAL CONSIDERATION.—In areas where a substantial 

population of individuals with barriers to employment exists, a 

grantee that receives a national grant in accordance with this 

section shall, in selecting subgrantees, give special consideration to organizations (including former recipients of such national grants) with demonstrated expertise in serving individuals with barriers to employment. 

(f) MINORITY-SERVING GRANTEES.—The Secretary may not promulgate rules or regulations affecting grantees in areas where a 

substantial population of minority individuals exists, that would 

significantly compromise the ability of the grantees to serve their 

targeted population of minority older individuals. 

ø42 U.S.C. 3056l¿ 

SEC. 515. REPORT ON SERVICE TO MINORITY INDIVIDUALS. 

(a) IN GENERAL.—The Secretary shall annually prepare a report on the levels of participation and performance outcomes of minority individuals served by the program carried out under this 

title. 

(b) CONTENTS.— 

(1) ORGANIZATION AND DATA.—Such report shall present 

information on the levels of participation and the outcomes 

achieved by such minority individuals with respect to each 

grantee under this title, by service area, and in the aggregate, 

beginning with data that applies to program year 2005. 

(2) EFFORTS.—The report shall also include a description of 

each grantee’s efforts to serve minority individuals, based on 

information submitted to the Secretary by each grantee at such 

time and in such manner as the Secretary determines to be appropriate. 

(3) RELATED MATTERS.—The report shall also include— 

(A) an assessment of individual grantees based on the 

criteria established under subsection (c); 


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(B) an analysis of whether any changes in grantees 

have affected participation rates of such minority individuals; 

(C) information on factors affecting participation rates 

among such minority individuals; and 

(D) recommendations for increasing participation of 

minority individuals in the program. 

(c) CRITERIA.—The Secretary shall establish criteria for determining the effectiveness of grantees in serving minority individuals 

in accordance with the goals set forth in section 502(a)(1). 

(d) SUBMISSION.—The Secretary shall annually submit such a 

report to the appropriate committees of Congress. 

ø42 U.S.C. 3056m¿ 

SEC. 516. SENSE OF CONGRESS. 

It is the sense of Congress that— 

(1) the older American community service employment program described in this title was established with the intent of 

placing older individuals in community service positions and 

providing job training; and 

(2) placing older individuals in community service positions strengthens the ability of the individuals to become selfsufficient, provides much-needed support to organizations that 

benefit from increased civic engagement, and strengthens the 

communities that are served by such organizations. 

ø42 U.S.C. 3056n¿ 

SEC. 517. AUTHORIZATION OF APPROPRIATIONS. 

(a) IN GENERAL.—There are authorized to be appropriated to 

carry out this title $428,000,000 for fiscal year 2020, $453,680,000 

for fiscal year 2021, $480,900,800 for fiscal year 2022, $509,754,848 

for fiscal year 2023, and $540,340,139 for fiscal year 2024. 

(b) OBLIGATION.—Amounts appropriated under this section for 

any fiscal year shall be available for Federal obligation during the 

annual period that begins on April 1 of the calendar year immediately following the beginning of such fiscal year and that ends on 

June 30 of the following calendar year. Such amounts obligated to 

grantees shall be available for obligation and expenditure by grantees during the program year that begins on July 1 of the calendar 

year immediately following the beginning of the fiscal year in 

which the amounts are appropriated and that ends on June 30 of 

the following calendar year. The Secretary may extend the period 

during which such amounts may be obligated or expended in the 

case of a particular organization or agency that receives funds 

under this title if the Secretary determines that such extension is 

necessary to ensure the effective use of such funds by such organization or agency. 

(c) RECAPTURING FUNDS.—At the end of the program year, the 

Secretary may recapture any unexpended funds for the program 

year, and reobligate such funds within the 2 succeeding program 

years for— 

(1) incentive grants to entities that are State grantees or 

national grantees under section 502(b); 

(2) technical assistance; or 


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(3) grants or contracts for any other activity under this 

title. 

ø42 U.S.C. 3056o¿ 

SEC. 518. DEFINITIONS AND RULE. 

(a) DEFINITIONS.—For purposes of this title: 

(1) COMMUNITY SERVICE.—The term ‘‘community service’’ 

means— 

(A) social, health, welfare, and educational services 

(including literacy tutoring), legal and other counseling 

services and assistance, including tax counseling and assistance and financial counseling, and library, recreational, 

and other similar services; 

(B) conservation, maintenance, or restoration of natural resources; 

(C) community betterment or beautification; 

(D) antipollution and environmental quality efforts; 

(E) weatherization activities; 

(F) economic development; and 

(G) such other services essential and necessary to the 

community as the Secretary determines by rule to be appropriate. 

(2) COMMUNITY SERVICE EMPLOYMENT.—The term ‘‘community service employment’’ means part-time, temporary employment paid with grant funds in projects described in section 

502(b)(1)(D), through which eligible individuals are engaged in 

community service and receive work experience and job skills 

that can lead to unsubsidized employment. 

(3) ELIGIBLE INDIVIDUAL.— 

(A) IN GENERAL.—The term ‘‘eligible individual’’ means 

an individual who is age 55 or older and who has a low 

income (including any such individual whose income is not 

more than 125 percent of the poverty line), excluding any 

income that is unemployment compensation, a benefit received under title XVI of the Social Security Act (42 U.S.C. 

1381 et seq.), a payment made to or on behalf of veterans 

or former members of the Armed Forces under the laws 

administered by the Secretary of Veterans Affairs, or 25 

percent of a benefit received under title II of the Social Security Act (42 U.S.C. 401 et seq.), subject to subsection (b). 

(B) PARTICIPATION.— 

(i) EXCLUSION.—Notwithstanding any other provision of this paragraph, the term ‘‘eligible individual’’ 

does not include an individual who has participated in 

projects under this title for a period of 48 months in 

the aggregate (whether or not consecutive) after July 

1, 2007, unless the period was increased as described 

in clause (ii). 

(ii) INCREASED PERIODS OF PARTICIPATION.—The 

Secretary shall authorize a grantee for a project to increase the period of participation described in clause 

(i), pursuant to a request submitted by the grantee, for 

individuals who— 

(I) have a severe disability; 


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(II) are frail or are age 75 or older; 

(III) meet the eligibility requirements related 

to age for, but do not receive, benefits under title 

II of the Social Security Act (42 U.S.C. 401 et 

seq.); 

(IV) live in an area with persistent unemployment and are individuals with severely limited 

employment prospects; 

(V) have limited English proficiency or low literacy skills; or 

(VI) have been incarcerated within the last 5 

years or are under supervision following release 

from prison or jail within the last 5 years. 

(4) INCOME.—In this section, the term ‘‘income’’ means income received during the 12-month period (or, at the option of 

the grantee involved, the annualized income for the 6-month 

period) ending on the date an eligible individual submits an 

application to participate in a project carried out under this 

title by such grantee. 

(5) LOCAL WORKFORCE DEVELOPMENT BOARD; STATE WORKFORCE DEVELOPMENT BOARD.—The terms ‘‘local workforce development board’’ and ‘‘State workforce development board’’ 

have the meanings given the terms ‘‘local board’’ and ‘‘State 

board’’, respectively, in section 3 of the Workforce Innovation 

and Opportunity Act (29 U.S.C. 3102). 

(6) PACIFIC ISLAND AND ASIAN AMERICANS.—The term ‘‘Pacific Island and Asian Americans’’ means Americans having 

origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands. 

(7) PROGRAM.—The term ‘‘program’’ means the older American community service employment program established 

under this title. 

(8) SUPPORTIVE SERVICES.—The term ‘‘supportive services’’ 

means services, such as transportation, child care, dependent 

care, housing, and needs-related payments, that are necessary 

to enable an individual to participate in activities authorized 

under this title, consistent with the provisions of this title. 

(9) UNEMPLOYED.—The term ‘‘unemployed’’, used with respect to a person or individual, means an individual who is 

without a job and who wants and is available for work, including an individual who may have occasional employment that 

does not result in a constant source of income. 

(b) RULE.—Pursuant to regulations prescribed by the Secretary, an eligible individual shall have priority for the community 

service employment and other authorized activities provided under 

this title if the individual— 

(1) is 65 years of age or older; or 

(2)(A) has a disability; 

(B) has limited English proficiency or low literacy skills; 

(C) resides in a rural area; 

(D) is a veteran; 

(E) has low employment prospects; 


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(F) has failed to find employment after utilizing services 

provided under title I of the Workforce Innovation and Opportunity Act; 

(G) is homeless or at risk for homelessness; or 

(H) has been incarcerated within the last 5 years or is 

under supervision following release from prison or jail 

within the last 5 years. 

ø42 U.S.C. 3056p¿ 

TITLE VI—GRANTS FOR NATIVE AMERICANS 

STATEMENT OF PURPOSE

SEC. 601. It is the purpose of this title to promote the delivery 

of supportive services, including nutrition services to American Indians, Alaskan Natives, and Native Hawaiians that are comparable 

to services provided under title III. 

ø42 U.S.C. 3057¿ 

SENSE OF CONGRESS

SEC. 602. It is the sense of the Congress that older individuals 

who are Indians, older individuals who are Alaskan Natives, and 

older individuals who are Native Hawaiians are a vital resource 

entitled to all benefits and services available and that such services 

and benefits should be provided in a manner that preserves and restores their respective dignity, self-respect, and cultural identities. 

ø42 U.S.C. 3057a¿ 

PART A—INDIAN PROGRAM

FINDINGS

SEC. 611. The Congress finds that the older individuals who 

are Indians of the United States— (a) The Congress finds that the 

older individuals who are Indians of the United States— 

(1) are a rapidly increasing population; 

(2) suffer from high unemployment; 

(3) live in poverty at a rate estimated to be as high as 61 

percent; 

(4) have a life expectancy between 3 and 4 years less than 

the general population; 

(5) lack sufficient nursing homes, other long-term care facilities, and other health care facilities; 

(6) lack sufficient Indian area agencies on aging; 

(7) frequently live in substandard and over-crowded housing; 

(8) receive less than adequate health care; 

(9) are served under this title at a rate of less than 19 percent of the total national population of older individuals who 

are Indians living on Indian reservations; and 

(10) are served under title III at a rate of less than 1 percent of the total participants under that title. 

ø42 U.S.C. 3057b¿ 


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ELIGIBILITY

SEC. 612. (a) A tribal organization of an Indian tribe is eligible 

for assistance under this part only if— 

(1) the tribal organization represents at least 50 individuals who are 60 years of age or older; and 

(2) the tribal organization demonstrates the ability to deliver supportive services, including nutritional services. 

(b) An Indian tribe represented by an organization specified in 

subsection (a) shall be eligible for only one grant under this part 

for any fiscal year. Nothing in this subsection shall preclude an Indian tribe represented by an organization specified in subsection 

(a) from receiving a grant under section 631. 

(c) For the purposes of this part the terms ‘‘Indian tribe’’ and 

‘‘tribal organization’’ have the same meaning as in section 4 of the 

Indian Self-Determination and Education Assistance Act (25 U.S.C. 

450b). 

ø42 U.S.C. 3057c¿ 

GRANTS AUTHORIZED

SEC. 613. The Assistant Secretary may make grants to eligible 

tribal organizations to pay all of the costs for delivery of supportive 

services and nutrition services for older individuals who are Indians. 

ø42 U.S.C. 3057d¿ 

APPLICATIONS

SEC. 614. (a) No grant may be made under this part unless the 

eligible tribal organization submits an application to the Assistant 

Secretary which meets such criteria as the Assistant Secretary may 

by regulation prescribe. Each such application shall— 

(1) provide that the eligible tribal organization will evaluate the need for supportive and nutrition services among older 

individuals who are Indians to be represented by the tribal organizations; 

(2) provide for the use of such methods of administration 

as are necessary for the proper and efficient administration of 

the program to be assisted; 

(3) provide that the tribal organization will make such reports in such form and containing such information, as the Assistant Secretary may reasonably require, and comply with 

such requirements as the Assistant Secretary may impose to 

assure the correctness of such reports; 

(4) provide for periodic evaluation of activities and projects 

carried out under the application; 

(5) establish objectives consistent with the purposes of this 

part toward which activities under the application will be directed, identify obstacles to the attainment of such objectives, 

and indicate the manner in which the tribal organization proposes to overcome such obstacles; 

(6) provide for establishing and maintaining information 

and assistance services to assure that older individuals who 

are Indians to be served by the assistance made available 


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under this part will have reasonably convenient access to such 

services; 

(7) provide a preference for older individuals who are Indians for full or part-time staff positions whenever feasible; 

(8) provide assistance that either directly or by way of 

grant or contract with appropriate entities nutrition services 

will be delivered to older individuals who are Indians represented by the tribal organization substantially in compliance 

with the provisions of part C of title III, except that in any 

case in which the need for nutritional services for older individuals who are Indians represented by the tribal organization 

is already met from other sources, the tribal organization may 

use the funds otherwise required to be expended under this 

paragraph for supportive services; 

(9) provide that any legal or ombudsman services made 

available to older individuals who are Indians represented by 

the tribal organization will be substantially in compliance with 

the provisions of title III relating to the furnishing of similar 

services; 

(10) provide satisfactory assurance that fiscal control and 

fund accounting procedures will be adopted as may be necessary to assure proper disbursement of, and accounting for, 

Federal funds paid under this part to the tribal organization, 

including any funds paid by the tribal organization to a recipient of a grant or contract; and 

(11) contain assurances that the tribal organization will coordinate services provided under this part with services provided under title III in the same geographical area. 

(b) For the purpose of any application submitted under this 

part, the tribal organization may develop its own population statistics, with approval from the Bureau of Indian Affairs, in order to 

establish eligibility. 

(c)(1) The Assistant Secretary shall approve any application 

which complies with the provisions of subsection (a). 

(2) The Assistant Secretary shall provide waivers and exemptions of the reporting requirements of subsection (a)(3) for applicants that serve Indian populations in geographically isolated 

areas, or applicants that serve small Indian populations, where the 

small scale of the project, the nature of the applicant, or other factors make the reporting requirements unreasonable under the circumstances. The Assistant Secretary shall consult with such applicants in establishing appropriate waivers and exemptions. 

(3) The Assistant Secretary shall approve any application that 

complies with the provisions of subsection (a), except that in determining whether an application complies with the requirements of 

subsection (a)(8), the Assistant Secretary shall provide maximum 

flexibility to an applicant that seeks to take into account subsistence needs, local customs, and other characteristics that are appropriate to the unique cultural, regional, and geographic needs of the 

Indian populations to be served. 

(4) In determining whether an application complies with the 

requirements of subsection (a)(11), the Assistant Secretary shall require only that an applicant provide an appropriate narrative description of the geographic area to be served and an assurance that 


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procedures will be adopted to ensure against duplicate services 

being provided to the same recipients. 

(d) Whenever the Assistant Secretary determines not to approve an application submitted under subsection (a) the Assistant 

Secretary shall— 

(1) state objections in writing to the tribal organization 

within 60 days after such decision; 

(2) provide to the extent practicable technical assistance to 

the tribal organization to overcome such stated objections; and 

(3) provide the tribal organization with a hearing, under 

such rules and regulations as the Assistant Secretary may prescribe. 

(e) Whenever the Assistant Secretary approves an application 

of a tribal organization under this part, funds shall be awarded for 

not less than 12 months. 

ø42 U.S.C. 3057e¿ 

SEC. 614A. DISTRIBUTION OF FUNDS AMONG TRIBAL ORGANIZATIONS. 

(a) MAINTENANCE of 1991 AMOUNTS.—Subject to the availability of appropriations to carry out this part, the amount of the 

grant (if any) made under this part to a tribal organization for fiscal year 1992 and for each subsequent fiscal year shall be not less 

than the amount of the grant made under this part to the tribal 

organization for fiscal year 1991. 

(b) USE OF ADDITIONAL AMOUNTS APPROPRIATED.—If the funds 

appropriated to carry out this part in a fiscal year subsequent to 

fiscal year 1991 exceed the funds appropriated to carry out this 

part in fiscal year 1991, then the amount of the grant (if any) made 

under this part to a tribal organization for the subsequent fiscal 

year shall be— 

(1) increased by such amount as the Assistant Secretary 

considers to be appropriate, in addition to the amount of any 

increase required by subsection (a), so that the grant equals or 

more closely approaches the amount of the grant made under 

this part to the tribal organization for fiscal year 1980; or 

(2) an amount the Assistant Secretary considers to be sufficient if the tribal organization did not receive a grant under 

this part for either fiscal year 1980 or fiscal year 1991. 

(c) CLARIFICATION.— 

(1) DEFINITION.—In this subsection, the term ‘‘covered 

year’’ means fiscal year 2006 or a subsequent fiscal year. 

(2) CONSORTIA OF TRIBAL ORGANIZATIONS.—If a tribal organization received a grant under this part for fiscal year 1991 

as part of a consortium, the Assistant Secretary shall consider 

the tribal organization to have received a grant under this part 

for fiscal year 1991 for purposes of subsections (a) and (b), and 

shall apply the provisions of subsections (a) and (b)(1) (under 

the conditions described in subsection (b)) to the tribal organization for each covered year for which the tribal organization 

submits an application under this part, even if the tribal organization submits— 

(A) a separate application from the remaining members of the consortium; or 


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(B) an application as 1 of the remaining members of 

the consortium. 

ø42 U.S.C. 3057e–1¿ 

SURPLUS EDUCATIONAL FACILITIES

SEC. 615. (a) Notwithstanding any other provision of law, the 

Secretary of the Interior through the Bureau of Indian Affairs shall 

make available surplus Indian educational facilities to tribal organizations, and nonprofit organizations with tribal approval, for use 

as multipurpose senior centers. Such centers may be altered so as 

to provide extended care facilities, community center facilities, nutrition services, child care services, and other supportive services. 

(b) Each eligible tribal organization desiring to take advantage 

of such surplus facilities shall submit an application to the Secretary of the Interior at such time and such manner, and containing or accompanied by such information, as the Secretary of the 

Interior determines to be necessary to carry out the provisions of 

this section. 

ø42 U.S.C. 3057f¿ 

PART B—NATIVE HAWAIIAN PROGRAM

FINDINGS

SEC. 621. The Congress finds the older Native Hawaiians— 

(1) have a life expectancy 10 years less than any other ethnic group in the State of Hawaii; 

(2) rank lowest on 9 of 11 standard health indicies for all 

ethnic groups in Hawaii; 

(3) are often unaware of social services and do not know 

how to go about seeking such assistance; and 

(4) live in poverty at a rate of 34 percent. 

ø42 U.S.C. 3057g¿ 

ELIGIBILITY

SEC. 622. A public or nonprofit private organization having the 

capacity to provide services under this part for Native Hawaiians 

is eligible for assistance under this part only if— 

(1) the organization will serve at least 50 individuals who 

have attained 60 years of age or older; and 

(2) the organization demonstrates the ability to deliver 

supportive services, including nutrition services. 

ø42 U.S.C. 3057h¿ 

GRANTS AUTHORIZED

SEC. 623. The Assistant Secretary may make grants to public 

and nonprofit private organizations to pay all of the costs for the 

delivery of supportive services and nutrition services to older Native Hawaiians. 

ø42 U.S.C. 3057i¿ 


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APPLICATION

SEC. 624. (a) No grant may be made under this part unless the 

public or nonprofit private organization submits an application to 

the Assistant Secretary which meets such criteria as the Assistant 

Secretary may by regulation prescribe. Each such application 

shall— 

(1) provide that the organization will evaluate the need for 

supportive and nutrition services among older Native Hawaiians to be represented by the organization; 

(2) provide for the use of such methods of administration 

as are necessary for the proper and efficient administration of 

the program to be assisted; 

(3) provide assurances that the organization will coordinate its activities with the State agency on aging and with the 

activities carried out under title III in the same geographical 

area; 

(4) provide that the organization will make such reports in 

such form and containing such information as the Assistant 

Secretary may reasonably require, and comply with such requirements as the Assistant Secretary may impose to ensure 

the correctness of such reports; 

(5) provide for periodic evaluation of activities and projects 

carried out under the application; 

(6) establish objectives, consistent with the purpose of this 

title, toward which activities described in the application will 

be directed, identify obstacles to the attainment of such objectives, and indicate the manner in which the organization proposes to overcome such obstacles; 

(7) provide for establishing and maintaining information 

and assistance services to assure that older Native Hawaiians 

to be served by the assistance made available under this part 

will have reasonably convenient access to such services; 

(8) provide a preference for Native Hawaiians 60 years of 

age and older for full or part-time staff positions wherever feasible; 

(9) provide that any legal or ombudsman services made 

available to older Native Hawaiians represented by the nonprofit private organization will be substantially in compliance 

with the provisions of title III relating to the furnishing and 

similar services; and 

(10) provide satisfactory assurance that the fiscal control 

and fund accounting procedures will be adopted as may be necessary to assure proper disbursement of, and accounting for, 

Federal funds paid under this part to the nonprofit private organization, including any funds paid by the organization to a 

recipient of a grant or contract. 

(b) The Assistant Secretary shall approve any application 

which complies with the provisions of subsection (a). 

(c) Whenever the Assistant Secretary determines not to approve an application submitted under subsection (a) the Assistant 

Secretary shall— 

(1) state objections in writing to the nonprofit private organization within 60 days after such decision; 


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(2) provide to the extent practicable technical assistance to 

the nonprofit private organization to overcome such stated objections; and 

(3) provide the organization with a hearing under such 

rules and regulations as the Assistant Secretary may prescribe. 

(d) Whenever the Assistant Secretary approves an application 

of a nonprofit private or public organization under this part funds 

shall be awarded for not less than 12 months. 

ø42 U.S.C. 3057j¿ 

SEC. 624A. DISTRIBUTION OF FUNDS AMONG ORGANIZATIONS. 

Subject to the availability of appropriations to carry out this 

part, the amount of the grant (if any) made under this part to an 

organization for fiscal year 1992 and for each subsequent fiscal 

year shall be not less than the amount of the grant made under 

this part to the organization for fiscal year 1991. 

ø42 U.S.C. 3057j–1¿ 

DEFINITION

SEC. 625. For the purpose of this part, the term ‘‘Native Hawaiian’’ means any individual any of whose ancestors were natives 

of the area which consists of the Hawaiian Islands prior to 1778. 

ø42 U.S.C. 3057k¿ 

PART C—NATIVE AMERICAN CAREGIVER 

SUPPORT PROGRAM 

SEC. 631. PROGRAM. 

(a) IN GENERAL.—The Assistant Secretary shall carry out a 

program for making grants to tribal organizations with applications approved under parts A and B, to pay for the Federal share 

of carrying out tribal programs, to enable the tribal organizations 

to provide multifaceted systems of the support services described in 

section 373 for caregivers described in section 373. 

(b) REQUIREMENTS.—In providing services under subsection (a), 

a tribal organization shall meet the requirements specified for an 

area agency on aging and for a State in the provisions of subsections (c), (d), and (f) of section 373 and of section 374. For purposes of this subsection, references in such provisions to a State 

program shall be considered to be references to a tribal program 

under this part. 

ø42 U.S.C. 3057k–11¿ 

PART D—SUPPORTIVE SERVICES FOR 

HEALTHY AGING AND INDEPENDENCE 

SEC. 636. PROGRAM. 

(a) IN GENERAL.—The Assistant Secretary may carry out a 

competitive demonstration program for making grants to tribal organizations or organizations serving Native Hawaiians with applications approved under parts A and B, to pay for the Federal share 

of carrying out programs, to enable the organizations described in 


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this subsection to build their capacity to provide a wider range of 

in-home and community supportive services to enable older individuals to maintain their health and independence and to avoid longterm care facility placement. 

(b) SUPPORTIVE SERVICES.— 

(1) IN GENERAL.—Subject to paragraph (2), supportive 

services described in subsection (a) may include any of the activities described in section 321(a). 

(2) PRIORITY.—The Assistant Secretary, in making grants 

under this section, shall give priority to organizations that will 

use the grant funds for supportive services described in subsection (a) that are for in-home assistance, transportation, information and referral, case management, health and wellness 

programs, legal services, family caregiver support services, and 

other services that directly support the independence of the 

older individuals served. 

(3) RULE OF CONSTRUCTION.—Nothing in this section shall 

be construed or interpreted to prohibit the provision of supportive services under part A or B. 

ø42 U.S.C. 3057k-21¿ 

PART E—GENERAL PROVISIONS

ADMINISTRATION

SEC. 641. In establishing regulations for the purpose of part A 

the Assistant Secretary shall consult with the Secretary of the Interior. 

ø42 U.S.C. 3057l¿ 

PAYMENTS

SEC. 642. Payments may be made under this title (after necessary adjustments, in the case of grants, on account of previously 

made overpayments or underpayments) in advance or by way of reimbursement in such installments and on such conditions as the 

Assistant Secretary may determine. 

ø42 U.S.C. 3057m¿ 

SEC. 643. AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated to carry out this 

title— 

(1) for parts A and B, $37,102,560 for fiscal year 2020, 

$39,298,714 for fiscal year 2021, $41,626,636 for fiscal year 

2022, $44,094,235 for fiscal year 2023, and $46,709,889 for fiscal year 2024; and 

(2) for part C, $10,759,920 for fiscal year 2020, $11,405,515 

for fiscal year 2021, $12,089,846 for fiscal year 2022, 

$12,815,237 for fiscal year 2023, and $13,584,151 for fiscal 

year 2024. 

SEC. 644. FUNDING SET ASIDE. 

Of the funds appropriated under section 643(1) for a fiscal 

year, not more than 5 percent shall be made available to carry out 

part D for such fiscal year, provided that for such fiscal year— 


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(1) the funds appropriated for parts A and B are greater 

than the funds appropriated for fiscal year 2019; and 

(2) the Assistant Secretary makes available for parts A 

and B no less than the amount of resources made available for 

fiscal year 2019.ø(42 U.S.C. 3057o)¿ 

TITLE VII—ALLOTMENTS FOR VULNERABLE ELDER RIGHTS PROTECTION 

ACTIVITIES 

Subtitle A—State Provisions 

CHAPTER 1—GENERAL STATE PROVISIONS 

SEC. 701. ESTABLISHMENT. 

The Assistant Secretary, acting through the Administration, 

shall establish and carry out a program for making allotments to 

States to pay for the cost of carrying out vulnerable elder rights 

protection activities. 

ø42 U.S.C. 3058¿ 

SEC. 702. AUTHORIZATION OF APPROPRIATIONS. 

(a) OMBUDSMAN PROGRAM.—There are authorized to be appropriated to carry out chapter 2, $18,066,950 for fiscal year 2020, 

$19,150,967 for fiscal year 2021, $20,300,025 for fiscal year 2022, 

$21,518,027 for fiscal year 2023, and $22,809,108 for fiscal year 

2024. 

(b) OTHER PROGRAMS.—There are authorized to be appropriated to carry out chapters 3 and 4, $5,107,110 for fiscal year 

2020, $5,413,537 for fiscal year 2021, $5,738,349 for fiscal year 

2022, $6,082,650 for fiscal year 2023, and $6,447,609 for fiscal year 

2024. 

ø42 U.S.C. 3058a¿ 

SEC. 703. ALLOTMENT. 

(a) IN GENERAL.— 

(1) POPULATION.—In carrying out the program described in 

section 701, the Assistant Secretary shall initially allot to each 

State, from the funds appropriated under section 702 for each 

fiscal year, an amount that bears the same ratio to the funds 

as the population of older individuals in the State bears to the 

population of older individuals in all States. 

(2) MINIMUM ALLOTMENTS.— 

(A) IN GENERAL.—After making the initial allotments 

described in paragraph (1), the Assistant Secretary shall 

adjust the allotments on a pro rata basis in accordance 

with subparagraphs (B) and (C). 

(B) GENERAL MINIMUM ALLOTMENTS.— 

(i) MINIMUM ALLOTMENT FOR STATES.—No State 

shall be allotted less than one-half of 1 percent of the 

funds appropriated under section 702 for the fiscal 

year for which the determination is made. 


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(ii) MINIMUM ALLOTMENT FOR TERRITORIES.— Guam, the United States Virgin Islands, and the 

Trust Territory of the Pacific Islands, shall each be allotted not less than one-fourth of 1 percent of the 

funds appropriated under section 702 for the fiscal 

year for which the determination is made. American 

Samoa and the Commonwealth of the Northern Mariana Islands shall each be allotted not less than onesixteenth of 1 percent of the sum appropriated under 

section 702 for the fiscal year for which the determination is made. 

(C) MINIMUM ALLOTMENTS FOR OMBUDSMAN AND ELDER

ABUSE PROGRAMS.— (i) OMBUDSMAN PROGRAM.—No State shall be allotted for a fiscal year, from the funds appropriated 

under section 702 and made available to carry out 

chapter 2, less than the amount allotted to the State 

under section 304 in fiscal year 2000 to carry out the 

State Long-Term Care Ombudsman program under 

title III. 

(ii) ELDER ABUSE PROGRAMS.—No State shall be 

allotted for a fiscal year, from the funds appropriated 

under section 702 and made available to carry out 

chapter 3, less than the amount allotted to the State 

under section 304 in fiscal year 2000 to carry out programs with respect to the prevention of elder abuse, 

neglect, and exploitation under title III. 

(D) DEFINITION.—For the purposes of this paragraph, 

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

the United States Virgin Islands, the Trust Territory of 

the Pacific Islands, and the Commonwealth of the Northern Mariana Islands. 

(b) REALLOTMENT.— 

(1) IN GENERAL.—If the Assistant Secretary determines 

that any amount allotted to a State for a fiscal year under this 

section will not be used by the State for carrying out the purpose for which the allotment was made, the Assistant Secretary shall make the amount available to a State that the Assistant Secretary determines will be able to use the amount for 

carrying out the purpose. 

(2) AVAILABILITY.—Any amount made available to a State 

from an appropriation for a fiscal year in accordance with 

paragraph (1) shall, for purposes of this subtitle, be regarded 

as part of the allotment of the State (as determined under subsection (a)) for the year, but shall remain available until the 

end of the succeeding fiscal year. 

(c) WITHHOLDING.—If the Assistant Secretary finds that any 

State has failed to carry out this title in accordance with the assurances made and description provided under section 705, the Assistant Secretary shall withhold the allotment of funds to the State. 

The Assistant Secretary shall disburse the funds withheld directly 

to any public or nonprofit private institution or organization, agency, or political subdivision of the State submitting an approved 

plan containing the assurances and description. 


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ø42 U.S.C. 3058b¿ 

SEC. 704. ORGANIZATION. 

In order for a State to be eligible to receive allotments under 

this subtitle— 

(1) the State shall demonstrate eligibility under section 

305; 

(2) the State agency designated by the State shall demonstrate compliance with the applicable requirements of section 305; and 

(3) each area agency on aging designated by the State 

agency and participating in such a program shall demonstrate 

compliance with the applicable requirements of section 305. 

ø42 U.S.C. 3058c¿ 

SEC. 705. ADDITIONAL STATE PLAN REQUIREMENTS. 

(a) ELIGIBILITY.—In order to be eligible to receive an allotment 

under this subtitle, a State shall include in the State plan submitted under section 307— 

(1) an assurance that the State, in carrying out any chapter of this subtitle for which the State receives funding under 

this subtitle, will establish programs in accordance with the requirements of the chapter and this chapter; 

(2) an assurance that the State will hold public hearings, 

and use other means, to obtain the views of older individuals, 

area agencies on aging, recipients of grants under title VI, and 

other interested persons and entities regarding programs carried out under this subtitle; 

(3) an assurance that the State, in consultation with area 

agencies on aging, will identify and prioritize statewide activities aimed at ensuring that older individuals have access to, 

and assistance in securing and maintaining, benefits and 

rights; 

(4) an assurance that the State will use funds made available under this subtitle for a chapter in addition to, and will 

not supplant, any funds that are expended under any Federal 

or State law in existence on the day before the date of the enactment of this subtitle, to carry out each of the vulnerable 

elder rights protection activities described in the chapter; 

(5) an assurance that the State will place no restrictions, 

other than the requirements referred to in clauses (i) through 

(iv) of section 712(a)(5)(C), on the eligibility of entities for designation as local Ombudsman entities under section 712(a)(5); 

(6) an assurance that, with respect to programs for the 

prevention of elder abuse, neglect, and exploitation under 

chapter 3— 

(A) in carrying out such programs the State agency 

will conduct a program of services consistent with relevant 

State law and coordinated with existing State adult protective service activities for— 

(i) public education to identify and prevent elder 

abuse; 

(ii) receipt of reports of elder abuse; 


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(iii) active participation of older individuals participating in programs under this Act through outreach, conferences, and referral of such individuals to 

other social service agencies or sources of assistance if 

appropriate and if the individuals to be referred consent; and 

(iv) referral of complaints to law enforcement or 

public protective service agencies if appropriate; 

(B) the State will not permit involuntary or coerced 

participation in the program of services described in subparagraph (A) by alleged victims, abusers, or their households; and 

(C) all information gathered in the course of receiving 

reports and making referrals shall remain confidential except— 

(i) if all parties to such complaint consent in writing to the release of such information; 

(ii) if the release of such information is to a law 

enforcement agency, public protective service agency, 

licensing or certification agency, ombudsman program, 

or protection or advocacy system; or 

(iii) upon court order; and 

(7) a description of the manner in which the State agency 

will carry out this title in accordance with the assurances described in paragraphs (1) through (6). 

(b) PRIVILEGE.—Neither a State, nor a State agency, may require any provider of legal assistance under this subtitle to reveal 

any information that is protected by the attorney-client privilege. 

ø42 U.S.C. 3058d¿ 

SEC. 706. DEMONSTRATION PROJECTS. 

(a) ESTABLISHMENT.—From amounts made available under section 304(d)(1)(C) after September 30, 1992, each State may provide 

for the establishment of at least one demonstration project, to be 

conducted by one or more area agencies on aging within the State, 

for outreach to older individuals with greatest economic need with 

respect to— 

(1) benefits available under title XVI of the Social Security 

Act (42 U.S.C. 1381 et seq.) (or assistance under a State program established in accordance with such title); 

(2) medical assistance available under title XIX of such Act 

(42 U.S.C. 1396 et seq.); and 

(3) benefits available under the Food and Nutrition Act of 

2008 (7 U.S.C. 2011 et seq.). 

(b) BENEFITS.—Each outreach project carried out under subsection (a) shall— 

(1) provide to older individuals with greatest economic 

need information and assistance regarding their eligibility to 

receive the benefits and assistance described in paragraphs (1) 

through (3) of subsection (a); 

(2) be carried out in a planning and service area that has 

a high proportion of older individuals with greatest economic 

need, relative to the aggregate number of older individuals in 

such area; and 


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(3) be coordinated with State and local entities that administer benefits under such titles. 

ø42 U.S.C. 3058e¿ 

CHAPTER 2—OMBUDSMAN PROGRAMS 

SEC. 711. DEFINITIONS. 

As used in this chapter: 

(1) OFFICE.—The term ‘‘Office’’ means the office established in section 712(a)(1)(A). 

(2) OMBUDSMAN.—The term ‘‘Ombudsman’’ means the individual described in section 712(a)(2). 

(3) LOCAL OMBUDSMAN ENTITY.—The term ‘‘local Ombudsman entity’’ means an entity designated under section 

712(a)(5)(A) to carry out the duties described in section 

712(a)(5)(B) with respect to a planning and service area or 

other substate area. 

(4) PROGRAM.—The term ‘‘program’’ means the State LongTerm Care Ombudsman program established in section 

712(a)(1)(B). 

(5) REPRESENTATIVE.—The term ‘‘representative’’ includes 

an employee or volunteer who represents an entity designated 

under section 712(a)(5)(A) and who is individually designated 

by the Ombudsman. 

(6) RESIDENT.—The term ‘‘resident’’ means an individual of 

any age who resides in a long-term care facility. 

ø42 U.S.C. 3058f¿ 

SEC. 712. STATE LONG-TERM CARE OMBUDSMAN PROGRAM. 

(a) ESTABLISHMENT.— 

(1) IN GENERAL.—In order to be eligible to receive an allotment under section 703 from funds appropriated under section 

702 and made available to carry out this chapter, a State agency shall, in accordance with this section— 

(A) establish and operate an Office of the State LongTerm Care Ombudsman; and 

(B) carry out through the Office a State Long-Term 

Care Ombudsman program. 

(2) OMBUDSMAN.—The Office shall be headed by an individual, to be known as the State Long-Term Care Ombudsman, 

who shall be selected from among individuals with expertise 

and experience in the fields of long-term care and advocacy. 

The Ombudsman shall be responsible for the management, including the fiscal management, of the Office. 

(3) FUNCTIONS.—The Ombudsman shall serve on a fulltime basis, and shall, personally or through representatives of 

the Office— 

(A) identify, investigate, and resolve complaints that— 

(i) are made by, or on behalf of, residents, including residents with limited or no decisionmaking capacity and who have no known legal representative, and 

if such a resident is unable to communicate consent 

for an Ombudsman to work on a complaint directly involving the resident, the Ombudsman shall seek eviVerDate Mar 15 2010 19:37 Apr 10, 2020 Jkt 000000 PO 00000 Frm 00154 Fmt 9001 Sfmt 9001 G:\COMP\EDVI\OAAO1.BEL HOLC

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dence to indicate what outcome the resident would 

have communicated (and, in the absence of evidence to 

the contrary, shall assume that the resident wishes to 

have the resident’s health, safety, welfare, and rights 

protected) and shall work to accomplish that outcome; 

and 

(ii) relate to action, inaction, or decisions, that 

may adversely affect the health, safety, welfare, or 

rights of the residents (including the welfare and 

rights of the residents with respect to the appointment 

and activities of guardians and representative payees), 

of— 

(I) providers, or representatives of providers, 

of long-term care services; 

(II) public agencies; or 

(III) health and social service agencies; 

(B) provide services to assist the residents in protecting the health, safety, welfare, and rights of the residents; 

(C) inform the residents about means of obtaining 

services provided by providers or agencies described in 

subparagraph (A)(ii) or services described in subparagraph 

(B); 

(D) ensure that the residents have regular, timely, private, and unimpeded access to the services provided 

through the Office and that the residents and complainants receive timely responses from representatives of the 

Office to complaints; 

(E) represent the interests of the residents before governmental agencies and seek administrative, legal, and 

other remedies to protect the health, safety, welfare, and 

rights of the residents; 

(F) provide administrative and technical assistance to 

entities designated under paragraph (5) to assist the entities in participating in the program; 

(G)(i) analyze, comment on, and monitor the development and implementation of Federal, State, and local laws, 

regulations, and other governmental policies and actions, 

that pertain to the health, safety, welfare, and rights of 

the residents, with respect to the adequacy of long-term 

care facilities and services in the State; 

(ii) recommend any changes in such laws, regulations, 

policies, and actions as the Office determines to be appropriate; and 

(iii) facilitate public comment on the laws, regulations, 

policies, and actions; 

(H)(i) provide for training representatives of the Office; 

(ii) promote the development of citizen organizations, 

to participate in the program; and 

(iii) provide technical support for, actively encourage, 

and assist in the development of resident and family councils to protect the well-being and rights of residents; 

(I) when feasible, continue to carry out the functions 

described in this section on behalf of residents 


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13 Error in amendment made by section 701 of Public Law 102–375. Should insert a comma. 

transitioning from a long-term care facility to a home care 

setting; and 

(J) carry out such other activities as the Assistant Secretary determines to be appropriate. 

(4) CONTRACTS AND ARRANGEMENTS.— 

(A) IN GENERAL.—Except as provided in subparagraph 

(B), the State agency may establish and operate the Office, 

and carry out the program, directly, or by contract or other 

arrangement with any public agency or nonprofit private 

organization. 

(B) LICENSING AND CERTIFICATION ORGANIZATIONS; ASSOCIATIONS.—The State agency may not enter into the contract or other arrangement described in subparagraph (A) 

with— 

(i) an agency or organization that is responsible 

for licensing or certifying long-term care services in 

the State; or 

(ii) an association (or an affiliate of such an association) of long-term care facilities, or of any other residential facilities for older individuals. 

(5) DESIGNATION OF LOCAL OMBUDSMAN ENTITIES AND REPRESENTATIVES.— 

(A) DESIGNATION.—In carrying out the duties of the 

Office, the Ombudsman may designate an entity as a local 

Ombudsman entity, and may designate an employee or 

volunteer to represent the entity. 

(B) DUTIES.—An individual so designated shall, in accordance with the policies and procedures established by 

the Office and the State agency— 

(i) provide services to protect the health, safety, 

welfare 13 and rights of residents; 

(ii) ensure that residents in the service area of the 

entity have regular, timely access to representatives of 

the program and timely responses to complaints and 

requests for assistance; 

(iii) identify, investigate, and resolve complaints 

made by or on behalf of residents that relate to action, 

inaction, or decisions, that may adversely affect the 

health, safety, welfare, or rights of the residents; 

(iv) represent the interests of residents before government agencies and seek administrative, legal, and 

other remedies to protect the health, safety, welfare, 

and rights of the residents; 

(v)(I) review, and if necessary, comment on any 

existing and proposed laws, regulations, and other 

government policies and actions, that pertain to the 

rights and well-being of residents; and 

(II) facilitate the ability of the public to comment 

on the laws, regulations, policies, and actions; 

(vi) support, actively encourage, and assist in the 

development of resident and family councils; 


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(vii) identify, investigate, and resolve complaints 

described in clause (iii) that are made by or on behalf 

of residents with limited or no decisionmaking capacity and who have no known legal representative, and 

if such a resident is unable to communicate consent 

for an Ombudsman to work on a complaint directly involving the resident, the Ombudsman shall seek evidence to indicate what outcome the resident would 

have communicated (and, in the absence of evidence to 

the contrary, shall assume that the resident wishes to 

have the resident’s health, safety, welfare, and rights 

protected) and shall work to accomplish that outcome; 

and 

(viii) carry out other activities that the Ombudsman determines to be appropriate. 

(C) ELIGIBILITY FOR DESIGNATION.—Entities eligible to 

be designated as local Ombudsman entities, and individuals eligible to be designated as representatives of such 

entities, shall— 

(i) have demonstrated capability to carry out the 

responsibilities of the Office; 

(ii) be free of conflicts of interest and not stand to 

gain financially through an action or potential action 

brought on behalf of individuals the Ombudsman 

serves; 

(iii) in the case of the entities, be public or nonprofit private entities; and 

(iv) meet such additional requirements as the Ombudsman may specify. 

(D) POLICIES AND PROCEDURES.— 

(i) IN GENERAL.—The State agency shall establish, 

in accordance with the Office, policies and procedures 

for monitoring local Ombudsman entities designated 

to carry out the duties of the Office. 

(ii) POLICIES.—In a case in which the entities are 

grantees, or the representatives are employees, of area 

agencies on aging, the State agency shall develop the 

policies in consultation with the area agencies on 

aging. The policies shall provide for participation and 

comment by the agencies and for resolution of concerns with respect to case activity. 

(iii) CONFIDENTIALITY AND DISCLOSURE.—The 

State agency shall develop the policies and procedures 

in accordance with all provisions of this subtitle regarding confidentiality and conflict of interest. 

(E) RULE OF CONSTRUCTION FOR VOLUNTEER OMBUDSMAN REPRESENTATIVES.—Nothing in this paragraph shall 

be construed as prohibiting the program from providing 

and financially supporting recognition for an individual 

designated under subparagraph (A) as a volunteer to represent the Ombudsman program, or from reimbursing or 

otherwise providing financial support to such an individual 

for any costs, such as transportation costs, incurred by the 

individual in serving as such volunteer. 


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(b) PROCEDURES FOR ACCESS.— (1) IN GENERAL.—The State shall ensure that representatives of the Office shall have— 

(A) private and unimpeded access to long-term care facilities and residents; 

(B)(i) appropriate access to review all files, records, 

and other information concerning a resident, if— 

(I) the representative has the permission of the 

resident, or the legal representative of the resident; or 

(II) the resident is unable to communicate consent 

to the review and has no legal representative; or 

(ii) access to the files, records, and information as is 

necessary to investigate a complaint if— 

(I) a legal guardian of the resident refuses to give 

the permission; 

(II) a representative of the Office has reasonable 

cause to believe that the guardian is not acting in the 

best interests of the resident; and 

(III) the representative obtains the approval of the 

Ombudsman; 

(C) access to the administrative records, policies, and 

documents, to which the residents have, or the general 

public has access, of long-term care facilities; and 

(D) access to and, on request, copies of all licensing 

and certification records maintained by the State with respect to long-term care facilities. 

(2) PROCEDURES.—The State agency shall establish procedures to ensure the access described in paragraph (1). 

(3) HEALTH OVERSIGHT AGENCY.—For purposes of section 

264(c) of the Health Insurance Portability and Accountability 

Act of 1996 (including regulations issued under that section) 

(42 U.S.C. 1320d–2 note), the Ombudsman and a representative of the Office shall be considered a ‘‘health oversight agency,’’ so that release of residents’ individually identifiable health 

information to the Ombudsman or representative is not precluded in cases in which the requirements of clause (i) or (ii) 

of paragraph (1)(B), or the requirements of paragraph (1)(D), 

are otherwise met. 

(c) REPORTING SYSTEM.—The State agency shall establish a 

statewide uniform reporting system to— 

(1) collect and analyze data relating to complaints and conditions in long-term care facilities and to residents for the purpose of identifying and resolving significant problems; and 

(2) submit the data, on a regular basis, to— 

(A) the agency of the State responsible for licensing or 

certifying long-term care facilities in the State; 

(B) other State and Federal entities that the Ombudsman determines to be appropriate; 

(C) the Assistant Secretary; and 

(D) the National Ombudsman Resource Center established in section 202(a)(18). 

(d) DISCLOSURE.— 

(1) IN GENERAL.—The State agency shall establish procedures for the disclosure by the Ombudsman or local OmbudsVerDate Mar 15 2010 19:37 Apr 10, 2020 Jkt 000000 PO 00000 Frm 00158 Fmt 9001 Sfmt 9001 G:\COMP\EDVI\OAAO1.BEL HOLC

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man entities of files, records, and other information maintained by the program, including records described in subsection (b)(1) or (c). 

(2) IDENTITY OF COMPLAINANT OR RESIDENT.—The procedures described in paragraph (1) shall— 

(A) provide that, subject to subparagraph (B), the files, 

records, and other information described in paragraph (1) 

may be disclosed only at the discretion of the Ombudsman 

(or the person designated by the Ombudsman to disclose 

the files, records, and other information); 

(B) prohibit the disclosure of the identity of any complainant or resident with respect to whom the Office maintains such files, records, or other information unless— 

(i) the complainant or resident, or the legal representative of the complainant or resident, consents to 

the disclosure and the consent is given in writing; 

(ii)(I) the complainant or resident gives consent 

orally; and 

(II) the consent is documented contemporaneously 

in a writing made by a representative of the Office in 

accordance with such requirements as the State agency shall establish; or 

(iii) the disclosure is required by court order; and 

(C) notwithstanding subparagraph (B), ensure that the 

Ombudsman may disclose information as needed in order 

to best serve residents with limited or no decisionmaking 

capacity who have no known legal representative and are 

unable to communicate consent, in order for the Ombudsman to carry out the functions and duties described in 

paragraphs (3)(A) and (5)(B) of subsection (a). 

(e) CONSULTATION.—In planning and operating the program, 

the State agency shall consider the views of area agencies on aging, 

older individuals, and providers of long-term care. 

(f) CONFLICT OF INTEREST.— 

(1) INDIVIDUAL CONFLICT OF INTEREST.—The State agency 

shall— 

(A) ensure that no individual, or member of the immediate family of an individual, involved in the designation 

of the Ombudsman (whether by appointment or otherwise) 

or the designation of an entity designated under subsection (a)(5), is subject to a conflict of interest; 

(B) ensure that no officer or employee of the Office, 

representative of a local Ombudsman entity, or member of 

the immediate family of the officer, employee, or representative, is subject to a conflict of interest; and 

(C) ensure that the Ombudsman— 

(i) does not have a direct involvement in the licensing or certification of a long-term care facility or 

of a provider of a long-term care service; 

(ii) does not have an ownership or investment interest (represented by equity, debt, or other financial 

relationship) in a long-term care facility or a long-term 

care service; 


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(iii) is not employed by, or participating in the 

management of, a long-term care facility or a related 

organization, and has not been employed by such a facility or organization within 1 year before the date of 

the determination involved; 

(iv) does not receive, or have the right to receive, 

directly or indirectly, remuneration (in cash or in 

kind) under a compensation arrangement with an 

owner or operator of a long-term care facility; 

(v) does not have management responsibility for, 

or operate under the supervision of an individual with 

management responsibility for, adult protective services; and 

(vi) does not serve as a guardian or in another fiduciary capacity for residents of long-term care facilities in an official capacity (as opposed to serving as a 

guardian or fiduciary for a family member, in a personal capacity). 

(2) ORGANIZATIONAL CONFLICT OF INTEREST.— 

(A) IN GENERAL.—The State agency shall comply with 

subparagraph (B)(i) in a case in which the Office poses an 

organizational conflict of interest, including a situation in 

which the Office is placed in an organization that— 

(i) is responsible for licensing, certifying, or surveying long-term care services in the State; 

(ii) is an association (or an affiliate of such an association) of long-term care facilities, or of any other 

residential facilities for older individuals; 

(iii) provides long-term care services, including 

programs carried out under a Medicaid waiver approved under section 1115 of the Social Security Act 

(42 U.S.C. 1315) or under subsection (b) or (c) of section 1915 of the Social Security Act (42 U.S.C. 1396n), 

or under a Medicaid State plan amendment under 

subsection (i), (j), or (k) of section 1915 of the Social 

Security Act (42 U.S.C. 1396n); 

(iv) provides long-term care case management; 

(v) sets rates for long-term care services; 

(vi) provides adult protective services; 

(vii) is responsible for eligibility determinations 

for the Medicaid program carried out under title XIX 

of the Social Security Act (42 U.S.C. 1396 et seq.); 

(viii) conducts preadmission screening for placements in facilities described in clause (ii); or 

(ix) makes decisions regarding admission or discharge of individuals to or from such facilities. 

(B) IDENTIFYING, REMOVING, AND REMEDYING ORGANIZATIONAL CONFLICT.— 

(i) IN GENERAL.—The State agency may not operate the Office or carry out the program, directly, or by 

contract or other arrangement with any public agency 

or nonprofit private organization, in a case in which 

there is an organizational conflict of interest (within 


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the meaning of subparagraph (A)) unless such conflict 

of interest has been— 

(I) identified by the State agency; 

(II) disclosed by the State agency to the Assistant Secretary in writing; and 

(III) remedied in accordance with this subparagraph. 

(ii) ACTION BY ASSISTANT SECRETARY.—In a case in 

which a potential or actual organizational conflict of 

interest (within the meaning of subparagraph (A)) involving the Office is disclosed or reported to the Assistant Secretary by any person or entity, the Assistant Secretary shall require that the State agency, in 

accordance with the policies and procedures established by the State agency under subsection 

(a)(5)(D)(iii)— 

(I) remove the conflict; or 

(II) submit, and obtain the approval of the Assistant Secretary for, an adequate remedial plan 

that indicates how the Ombudsman will be 

unencumbered in fulfilling all of the functions 

specified in subsection (a)(3). 

(g) LEGAL COUNSEL.—The State agency shall ensure that— 

(1)(A) adequate legal counsel is available, and is able, 

without conflict of interest, to— 

(i) provide advice and consultation needed to protect 

the health, safety, welfare, and rights of residents; and 

(ii) assist the Ombudsman and representatives of the 

Office in the performance of the official duties of the Ombudsman and representatives; and 

(B) legal representation is provided to any representative 

of the Office against whom suit or other legal action is brought 

or threatened to be brought in connection with the performance of the official duties of the Ombudsman or such a representative; and 

(2) the Office pursues administrative, legal, and other appropriate remedies on behalf of residents. 

(h) ADMINISTRATION.—The State agency shall require the Office to— 

(1) prepare an annual report— 

(A) describing the activities carried out by the Office 

in the year for which the report is prepared; 

(B) containing and analyzing the data collected under 

subsection (c); 

(C) evaluating the problems experienced by, and the 

complaints made by or on behalf of, residents; 

(D) containing recommendations for— 

(i) improving quality of the care and life of the 

residents; and 

(ii) protecting the health, safety, welfare, and 

rights of the residents; 

(E)(i) analyzing the success of the program including 

success in providing services to residents of board and care 

facilities and other similar adult care facilities; and 


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(ii) identifying barriers that prevent the optimal operation of the program; and 

(F) providing policy, regulatory, and legislative recommendations to solve identified problems, to resolve the 

complaints, to improve the quality of care and life of residents, to protect the health, safety, welfare, and rights of 

residents, and to remove the barriers; 

(2) analyze, comment on, and monitor the development 

and implementation of Federal, State, and local laws, regulations, and other government policies and actions that pertain 

to long-term care facilities and services, and to the health, 

safety, welfare, and rights of residents, in the State, and recommend any changes in such laws, regulations, and policies as 

the Office determines to be appropriate; 

(3)(A) provide such information as the Office determines to 

be necessary to public and private agencies, legislators, and 

other persons, regarding— 

(i) the problems and concerns of individuals residing 

in long-term care facilities; and 

(ii) recommendations related to the problems and concerns; and 

(B) make available to the public, and submit to the Assistant Secretary, the chief executive officer of the State, the State 

legislature, the State agency responsible for licensing or certifying long-term care facilities, and other appropriate governmental entities, each report prepared under paragraph (1); 

(4) ensure that the Ombudsman or a designee participates 

in training provided by the National Ombudsman Resource 

Center established in section 202(a)(18); 

(5) strengthen and update procedures for the training of 

the representatives of the Office, including unpaid volunteers, 

based on model standards established by the Director of the 

Office of Long-Term Care Ombudsman Programs, in consultation with representatives of citizen groups, long-term care providers, and the Office, that— 

(A) specify a minimum number of hours of initial 

training; 

(B) specify the content of the training, including training relating to— 

(i) Federal, State, and local laws, regulations, and 

policies, with respect to long-term care facilities in the 

State; 

(ii) investigative techniques; and 

(iii) such other matters as the State determines to 

be appropriate; and 

(C) specify an annual number of hours of in-service 

training for all designated representatives; 

(6) prohibit any representative of the Office (other than the 

Ombudsman) from carrying out any activity described in subparagraphs (A) through (G) of subsection (a)(3) unless the representative— 

(A) has received the training required under paragraph (5); and 


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(B) has been approved by the Ombudsman as qualified 

to carry out the activity on behalf of the Office; 

(7) coordinate ombudsman services with the protection and 

advocacy systems for individuals with developmental disabilities and mental illnesses established under— 

(A) subtitle C of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000; and 

(B) the Protection and Advocacy for Mentally Ill Individuals Act of 1986 (42 U.S.C. 10801 et seq.); 

(8) coordinate, to the greatest extent possible, ombudsman 

services with legal assistance provided under section 

306(a)(2)(C), through adoption of memoranda of understanding 

and other means; 

(9) coordinate services with State and local law enforcement agencies and courts of competent jurisdiction; and 

(10) permit any local Ombudsman entity to carry out the 

responsibilities described in paragraph (1), (2), (3), (7), or (8). 

(i) LIABILITY.—The State shall ensure that no representative of 

the Office will be liable under State law for the good faith performance of official duties. 

(j) NONINTERFERENCE.—The State shall— 

(1) ensure that willful interference with representatives of 

the Office in the performance of the official duties of the representatives (as defined by the Assistant Secretary) shall be 

unlawful; 

(2) prohibit retaliation and reprisals by a long-term care 

facility or other entity with respect to any resident, employee, 

or other person for filing a complaint with, providing information to, or otherwise cooperating with any representative of, 

the Office; and 

(3) provide for appropriate sanctions with respect to the interference, retaliation, and reprisals. 

ø42 U.S.C. 3058g¿ 

SEC. 713. REGULATIONS. 

The Assistant Secretary shall issue and periodically update 

regulations respecting— 

(1) conflicts of interest by persons described in subparagraphs (A) and (B) of section 712(f)(1); and 

(2) the relationships described in clauses (i) through (vi) of 

section 712(f)(1)(C). 

ø42 U.S.C. 3058h¿ 

CHAPTER 3—PROGRAMS FOR PREVENTION OF ELDER 

ABUSE, NEGLECT, AND EXPLOITATION 

SEC. 721. PREVENTION OF ELDER ABUSE, NEGLECT, AND EXPLOITATION. 

(a) ESTABLISHMENT.—In order to be eligible to receive an allotment under section 703 from funds appropriated under section 702 

and made available to carry out this chapter, a State agency shall, 

in accordance with this section, and in consultation with area agencies on aging, develop and enhance programs to address elder 

abuse, neglect, and exploitation. 


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(b) USE OF ALLOTMENTS.—The State agency shall use an allotment made under subsection (a) to carry out, through the programs 

described in subsection (a), activities to develop, strengthen, and 

carry out programs for the prevention, detection, assessment, and 

treatment of, intervention in, investigation of, and response to 

elder abuse, neglect, and exploitation, including— 

(1) providing for public education and outreach to identify 

and prevent elder abuse, neglect, and exploitation; 

(2) providing for public education and outreach to promote 

financial literacy and prevent identity theft and financial exploitation of older individuals; 

(3) ensuring the coordination of services provided by area 

agencies on aging with services instituted under the State 

adult protection service program, State and local law enforcement systems, and courts of competent jurisdiction; 

(4) promoting the development of information and data 

systems, including elder abuse reporting systems, to quantify 

the extent of elder abuse, neglect, and exploitation in the 

State; 

(5) promoting the submission of data on elder abuse, neglect, and exploitation for the appropriate database of the Administration or another database specified by the Assistant 

Secretary; 

(6) conducting analyses of State information concerning 

elder abuse, neglect, and exploitation and identifying unmet 

service, enforcement, or intervention needs; 

(7) conducting training for individuals, including caregivers described in part E of title III, professionals, and paraprofessionals, in relevant fields on the identification, prevention, and treatment of elder abuse, neglect, and exploitation, 

with particular focus on prevention and enhancement of selfdetermination and autonomy; 

(8) providing technical assistance to programs that provide 

or have the potential to provide services for victims of elder 

abuse, neglect, and exploitation and for family members of the 

victims; 

(9) conducting special and on-going training, for individuals involved in serving victims of elder abuse, neglect, and exploitation, on the topics of self-determination, individual rights, 

State and Federal requirements concerning confidentiality, and 

other topics determined by a State agency to be appropriate; 

(10) promoting the development of an elder abuse, neglect, 

and exploitation system— 

(A) that includes a State elder abuse, neglect, and exploitation law that includes provisions for immunity, for 

persons reporting instances of elder abuse, neglect, and exploitation, from prosecution arising out of such reporting, 

under any State or local law; 

(B) under which a State agency— 

(i) on receipt of a report of known or suspected instances of elder abuse, neglect, or exploitation, shall 

promptly initiate an investigation to substantiate the 

accuracy of the report; and 


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(ii) on a finding of elder abuse, neglect, or exploitation, shall take steps, including appropriate referral, 

to protect the health and welfare of the abused, neglected, or exploited older individual; 

(C) that includes, throughout the State, in connection 

with the enforcement of elder abuse, neglect, and exploitation laws and with the reporting of suspected instances 

of elder abuse, neglect, and exploitation— 

(i) such administrative procedures; 

(ii) such personnel, such as forensic specialists, 

trained in the special problems of elder abuse, neglect, 

and exploitation prevention and treatment; 

(iii) such training procedures; 

(iv) such institutional and other facilities (public 

and private); and 

(v) such related multidisciplinary programs and 

services, including programs and arrangements that 

protect against financial exploitation, 

as may be necessary or appropriate to ensure that the 

State will deal effectively with elder abuse, neglect, and 

exploitation cases in the State; 

(D) that preserves the confidentiality of records in 

order to protect the rights of older individuals; 

(E) that provides for the cooperation of law enforcement officials, courts of competent jurisdiction, and State 

agencies providing human services with respect to special 

problems of elder abuse, neglect, and exploitation; 

(F) that enables an older individual to participate in 

decisions regarding the welfare of the older individual, and 

makes the least restrictive alternatives available to an 

older individual who is abused, neglected, or exploited; and 

(G) that includes a State clearinghouse for dissemination of information to the general public with respect to— 

(i) the problems of elder abuse, neglect, and exploitation; 

(ii) the facilities described in subparagraph (C)(iv); 

and 

(iii) prevention and treatment methods available 

to combat instances of elder abuse, neglect, and exploitation; 

(11) examining various types of shelters serving older individuals (in this paragraph referred to as ‘‘safe havens’’), and 

testing various safe haven models for establishing safe havens 

(at home or elsewhere), that recognize autonomy and self-determination, and fully protect the due process rights of older 

individuals; 

(12) supporting multidisciplinary elder justice activities, 

such as— 

(A) supporting and studying team approaches for 

bringing a coordinated multidisciplinary or interdisciplinary response to elder abuse, neglect, and exploitation, including a response from individuals in social service, 

health care, public safety, and legal disciplines; 


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(B) establishing a State coordinating council, which 

shall identify the individual State’s needs and provide the 

Assistant Secretary with information and recommendations relating to efforts by the State to combat elder abuse, 

neglect, and exploitation; 

(C) providing training, technical assistance, community outreach and education, and other methods of support 

to groups carrying out multidisciplinary efforts at the 

State (referred to in some States as ‘‘State Working 

Groups’’); 

(D) broadening and studying various models for elder 

fatality and serious injury review teams, to make recommendations about their composition, protocols, functions, timing, roles, and responsibilities, with a goal of producing models and information that will allow for replication based on the needs of States and communities (other 

than the ones in which the review teams were used); 

(E) developing best practices, for use in long-term care 

facilities, that reduce the risk of elder abuse for residents, 

including the risk of resident-to-resident abuse; and 

(F) supporting and implementing innovative practices, 

programs, and materials in communities to develop partnerships across disciplines for the prevention, investigation, and prosecution of abuse, neglect, and exploitation; 

and 

(13) addressing underserved populations of older individuals, such as— 

(A) older individuals living in rural locations; 

(B) older individuals in minority populations; or 

(C) low-income older individuals. 

(c) APPROACH.—In developing and enhancing programs under 

subsection (a), the State agency shall use a comprehensive approach, in consultation with area agencies on aging, to identify and 

assist older individuals who are subject to abuse, neglect, and exploitation, including older individuals who live in State licensed facilities, unlicensed facilities, or domestic or community-based settings. 

(d) COORDINATION.—In developing and enhancing programs 

under subsection (a), the State agency shall coordinate the programs with other State and local programs and services for the 

protection of vulnerable adults, particularly vulnerable older individuals, including programs and services such as— 

(1) area agency on aging programs; 

(2) adult protective service programs; 

(3) the State Long-Term Care Ombudsman program established in chapter 2; 

(4) protection and advocacy programs; 

(5) facility and long-term care provider licensure and certification programs; 

(6) medicaid fraud and abuse services, including services 

provided by a State medicaid fraud control unit, as defined in 

section 1903(q) of the Social Security Act (42 U.S.C. 1396b(q)); 

(7) victim assistance programs; and 


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(8) consumer protection and State and local law enforcement programs, as well as other State and local programs that 

identify and assist vulnerable older individuals, and services 

provided by agencies and courts of competent jurisdiction. 

(e) REQUIREMENTS.—In developing and enhancing programs 

under subsection (a), the State agency shall— 

(1) not permit involuntary or coerced participation in such 

programs by alleged victims, abusers, or members of their 

households; 

(2) require that all information gathered in the course of 

receiving a report described in subsection (b)(10)(B)(i), and 

making a referral described in subsection (b)(10)(B)(ii), shall 

remain confidential except— 

(A) if all parties to such complaint or report consent 

in writing to the release of such information; 

(B) if the release of such information is to a law enforcement agency, public protective service agency, licensing or certification agency, ombudsman program, or protection or advocacy system; or 

(C) upon court order; and 

(3) make all reasonable efforts to resolve any conflicts with 

other public agencies with respect to confidentiality of the information described in paragraph (2) by entering into memoranda of understanding that narrowly limit disclosure of information, consistent with the requirement described in paragraph (2). 

(f) DESIGNATION.—The State agency may designate a State entity to carry out the programs and activities described in this chapter. 

(g) STUDY AND REPORT.— 

(1) STUDY.—The Secretary, in consultation with the Department of the Treasury and the Attorney General of the 

United States, State attorneys general, and tribal and local 

prosecutors, shall conduct a study of the nature and extent of 

financial exploitation of older individuals. The purpose of this 

study would be to define and describe the scope of the problem 

of financial exploitation of the elderly and to provide an estimate of the number and type of financial transactions considered to constitute financial exploitation faced by older individuals. The study shall also examine the adequacy of current 

Federal and State legal protections to prevent such exploitation. 

(2) REPORT.—Not later than 18 months after the date of 

the enactment of the Older Americans Act Amendments of 

2000, the Secretary shall submit to Congress a report, which 

shall include— 

(A) the results of the study conducted under this subsection; and 

(B) recommendations for future actions to combat the 

financial exploitation of older individuals. 

(h) ACCOUNTABILITY MEASURES.—The Assistant Secretary shall 

develop accountability measures to ensure the effectiveness of the 

activities carried out under this section. 


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(i) EVALUATING PROGRAMS.—The Assistant Secretary shall 

evaluate the activities carried out under this section, using funds 

made available under section 206(h). 

(j) COMPLIANCE WITH APPLICABLE LAWS.—In order to receive 

funds made available to carry out this section, an entity shall comply with all applicable laws, regulations, and guidelines. 

ø42 U.S.C. 3058i¿ 

CHAPTER 4—STATE LEGAL ASSISTANCE DEVELOPMENT 

PROGRAM 

SEC. 731. STATE LEGAL ASSISTANCE DEVELOPMENT. 

A State agency shall provide the services of an individual who 

shall be known as a State legal assistance developer, and the services of other personnel, sufficient to ensure— 

(1) State leadership in securing and maintaining the legal 

rights of older individuals; 

(2) State capacity for coordinating the provision of legal assistance; 

(3) State capacity to provide technical assistance, training, 

and other supportive functions to area agencies on aging, legal 

assistance providers, ombudsmen, and other persons, as appropriate; 

(4) State capacity to promote financial management services to older individuals at risk of conservatorship; 

(5) State capacity to assist older individuals in understanding their rights, exercising choices, benefiting from services and opportunities authorized by law, and maintaining the 

rights of older individuals at risk of guardianship; and 

(6) State capacity to improve the quality and quantity of 

legal services provided to older individuals. 

ø42 U.S.C. 3058j¿ 

Subtitle B—Native American Organization 

and Elder Justice Provisions 

SEC. 751. NATIVE AMERICAN PROGRAM. 

(a) ESTABLISHMENT.—The Assistant Secretary, acting through 

the Director of the Office for American Indian, Alaskan Native, and 

Native Hawaiian Aging, shall establish and carry out a program 

for— 

(1) assisting eligible entities in prioritizing, on a continuing basis, the needs of the service population of the entities 

relating to elder rights; 

(2) making grants to eligible entities to carry out vulnerable elder rights protection activities that the entities determine to be priorities; and 

(3) enabling the eligible entities to support multidisciplinary elder justice activities, such as— 

(A) establishing a coordinating council, which shall 

identify the needs of an individual Indian tribe or other 

Native American group and provide the Assistant Secretary with information and recommendations relating to 


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efforts by the Indian tribe or the governing entity of the 

Native American group to combat elder abuse, neglect, and 

exploitation; 

(B) providing training, technical assistance, and other 

methods of support to groups carrying out multidisciplinary efforts for an Indian tribe or other Native American group; and 

(C) broadening and studying various models for elder 

fatality and serious injury review teams, to make recommendations about their composition, protocols, functions, timing, roles, and responsibilities, with a goal of producing models and information that will allow for replication based on the needs of Indian tribes and other Native 

American groups (other than the ones in which the review 

teams were used). 

(b) APPLICATION.—In order to be eligible to receive assistance 

under this section, an entity shall submit an application to the Assistant Secretary, at such time, in such manner, and containing 

such information as the Assistant Secretary may require. 

(c) ELIGIBLE ENTITY.—An entity eligible to receive assistance 

under this section shall be— 

(1) an Indian tribe; or 

(2) a public agency, or a nonprofit organization, serving 

older individuals who are Native Americans. 

(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to carry out this subtitle such sums as may be 

necessary for fiscal year 2007, and such sums as may be necessary 

for subsequent fiscal years. 

ø42 U.S.C. 3058aa¿ 

SEC. 752. GRANTS TO PROMOTE COMPREHENSIVE STATE ELDER JUSTICE SYSTEMS. 

(a) PURPOSE AND AUTHORITY.—For each fiscal year, the Assistant Secretary may make grants to States, on a competitive basis, 

in accordance with this section, to promote the development and 

implementation, within each such State, of a comprehensive elder 

justice system, as defined in subsection (b). 

(b) COMPREHENSIVE ELDER JUSTICE SYSTEM DEFINED.—In this 

section, the term ‘‘comprehensive elder justice system’’ means an 

integrated, multidisciplinary, and collaborative system for preventing, detecting, and addressing elder abuse, neglect, and exploitation in a manner that— 

(1) provides for widespread, convenient public access to the 

range of available elder justice information, programs, and 

services; 

(2) coordinates the efforts of public health, social service, 

and law enforcement authorities, as well as other appropriate 

public and private entities, to identify and diminish duplication 

and gaps in the system; 

(3) provides a uniform method for the standardization, collection, management, analysis, and reporting of data; and 

(4) provides such other elements as the Assistant Secretary determines appropriate. 


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(c) APPLICATIONS.—To be eligible to receive a grant under this 

section for a fiscal year, a State shall submit an application to the 

Assistant Secretary, at such time, in such manner, and containing 

such information and assurances as the Assistant Secretary determines appropriate. 

(d) AMOUNT OF GRANTS.—The amount of a grant to a State 

with an application approved under this section for a fiscal year 

shall be such amount as the Assistant Secretary determines appropriate. 

(e) USE OF FUNDS.— (1) IN GENERAL.—A State that receives a grant under this 

section shall use funds made available through such grant to 

promote the development and implementation of a comprehensive elder justice system by— 

(A) establishing formal working relationships among 

public and private providers of elder justice programs, 

service providers, and stakeholders in order to create a 

unified elder justice network across such State to coordinate programmatic efforts; 

(B) facilitating and supporting the development of a 

management information system and standard data elements; 

(C) providing for appropriate education (including educating the public about the range of available elder justice 

information, programs, and services), training, and technical assistance; and 

(D) taking such other steps as the Assistant Secretary 

determines appropriate. 

(2) MAINTENANCE OF EFFORT.—Funds made available to 

States pursuant to this section shall be used to supplement 

and not supplant other Federal, State, and local funds expended to support activities described in paragraph (1). 

ø42 U.S.C. 3058aa–1¿ 

Subtitle C—General Provisions 

SEC. 761. DEFINITIONS. 

As used in this title: 

(1) ELDER RIGHT.—The term ‘‘elder right’’ means a right of 

an older individual. 

(2) VULNERABLE ELDER RIGHTS PROTECTION ACTIVITY.—The 

term ‘‘vulnerable elder rights protection activity’’ means an activity funded under subtitle A. 

ø42 U.S.C. 3058bb¿ 

SEC. 762. ADMINISTRATION. 

A State agency may carry out vulnerable elder rights protection activities either directly or through contracts or agreements 

with public or nonprofit private agencies or organizations, such 

as— 

(1) other State agencies; 

(2) area agencies on aging; 

(3) county governments; 


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(4) institutions of higher education; 

(5) Indian tribes; or 

(6) nonprofit service providers or volunteer organizations. 

ø42 U.S.C. 3058cc¿ 

SEC. 763. TECHNICAL ASSISTANCE. 

(a) OTHER AGENCIES.—In carrying out the provisions of this 

title, the Assistant Secretary may request the technical assistance 

and cooperation of such Federal entities as may be appropriate. 

(b) ASSISTANT SECRETARY.—The Assistant Secretary shall provide technical assistance and training (by contract, grant, or otherwise) to persons and entities that administer programs established 

under this title. 

ø42 U.S.C. 3058dd¿ 

SEC. 764. AUDITS. 

(a) ACCESS.—The Assistant Secretary, the Comptroller General 

of the United States, and any duly authorized representative of the 

Assistant Secretary or the Comptroller shall have access, for the 

purpose of conducting an audit or examination, to any books, documents, papers, and records that are pertinent to financial assistance received under this title. 

(b) LIMITATION.—State agencies and area agencies on aging 

shall not request information or data from providers that is not 

pertinent to services furnished under this title or to a payment 

made for the services. 

ø42 U.S.C. 3058ee¿ 

SEC. 765. RULE OF CONSTRUCTION. 

Nothing in this title shall be construed to interfere with or 

abridge the right of an older individual to practice the individual’s 

religion through reliance on prayer alone for healing, in a case in 

which a decision to so practice the religion— 

(1) is contemporaneously expressed by the older individual— 

(A) either orally or in writing; 

(B) with respect to a specific illness or injury that the 

older individual has at the time of the decision; and 

(C) when the older individual is competent to make 

the decision; 

(2) is set forth prior to the occurrence of the illness or injury in a living will, health care proxy, or other advance directive document that is validly executed and applied under State 

law; or 

(3) may be unambiguously deduced from the older individual’s life history. 

ø42 U.S.C. 3058ff¿ 


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