Union Calendar No. 198

106TH CONGRESS

1ST SESSION H. R. 782

[Report No. 106–343]

A BILL

To amend the Older Americans Act of 1965 to authorize appropriations for fiscal years 2000

through 2003.

SEPTEMBER 28, 1999

Reported with amendments, committed to the Committee

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

Union Calendar No. 198

106TH CONGRESS

1ST SESSION H. R. 782

[Report No. 106–343]

To amend the Older Americans Act of 1965 to authorize appropriations

for fiscal years 2000 through 2003.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 23, 1999

Mr. BARRETT of Nebraska (for himself, Mr. MARTINEZ, Mr. MCKEON, Mr.

GOODLING, and Mr. CLAY) introduced the following bill; which was referred to the Committee on Education and the Workforce

SEPTEMBER 28, 1999

Additional sponsors: Mr. TERRY, Mr. GILCHREST, and Mr. SHUSTER

SEPTEMBER 28, 1999

Reported with amendments, committed to the Committee of the Whole House

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

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

[For text of introduced bill, see copy of bill as introduced on February 23, 1999]

A BILL

To amend the Older Americans Act of 1965 to authorize

appropriations for fiscal years 2000 through 2003.

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

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

3 Amendments of 1999’’.

4 SEC. 2. TABLE OF CONTENTS.

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

Sec. 1. Short title.

Sec. 2. Table of contents.

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

Sec. 4. Conforming amendments.

Sec. 5. Fiscal year references for fiscal year 2000.

Sec. 6. Issuance of rules.

Sec. 7. Effective dates.

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

7 1965.

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

9 seq.) is amended to read as follows:

10 ‘‘SECTION 1. SHORT TITLE.

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

12 of 1999’.

13 ‘‘SEC. 2. TABLE OF CONTENTS.

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

‘‘Sec. 1. Short title.

‘‘Sec. 2. Table of contents.

‘‘TITLE I—GENERAL PROVISIONS

‘‘Subtitle A—Statement of Purpose; Definitions

‘‘Sec. 101. Purpose.

‘‘Sec. 102. Definitions.

‘‘Subtitle B—Administration

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

‘‘Sec. 112. Duties of Assistant Secretary.

‘‘Sec. 113. Federal agency consultation.

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

‘‘Sec. 115. Misuse of funds by providers.

‘‘Sec. 116. Evaluations.
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‘‘Sec. 117. Reports.

‘‘Sec. 118. Reduction of paperwork.

‘‘Sec. 119. Surplus property eligibility.

‘‘Sec. 120. Benefit treatment under other laws.

‘‘Sec. 121. Authorization of appropriations.

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

‘‘Sec. 201. Grants for services to native americans.

‘‘Sec. 202. Applications for grants.

‘‘Sec. 203. Distribution of funds among tribal organizations, alaska native organizations, and organizations serving native hawaiians.

‘‘Sec. 204. Surplus educational facilities.

‘‘Sec. 205. Administration.

‘‘Sec. 206. Payments.

‘‘Sec. 207. Authorization of appropriations.

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

AGING

‘‘Subtitle A—Grants for Programs on Aging

‘‘CHAPTER 1—GENERAL PROVISIONS

‘‘Sec. 301. Technical assistance and cooperation.

‘‘Sec. 302. Allotments; Federal share.

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

‘‘Sec. 304. State plans.

‘‘Sec. 305. Area plans.

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

plans.

‘‘Sec. 307. Payments.

‘‘CHAPTER 2—SUPPORTIVE SERVICES AND MULTIPURPOSE SENIOR CENTERS

‘‘Sec. 321. Program authorized.

‘‘CHAPTER 3—NUTRITION SERVICES

‘‘PART I—CONGREGATE NUTRITION SERVICES

‘‘Sec. 331. Program authorized.

‘‘PART II—HOME DELIVERED NUTRITION SERVICES

‘‘Sec. 334. Program authorized.

‘‘PART III—ADDITIONAL REQUIREMENTS

‘‘Sec. 337. Nutrition.

‘‘CHAPTER 4—DISASTER RELIEF REIMBURSEMENTS

‘‘Sec. 341. Disaster relief reimbursements.

‘‘Subtitle B—Disease Prevention and Health Promotion Services Program

Authorized

‘‘Sec. 351. Program authorized.
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‘‘Sec. 352. Distribution to area agencies on aging.

‘‘Sec. 353. Definition.

‘‘Subtitle C—Family Caregiver Programs

‘‘Sec. 361. Program authorized.

‘‘Subtitle D—Authorization of Appropriations

‘‘Sec. 391. Authorization of appropriations.

‘‘Sec. 392. Additional funds available for nutrition services.

‘‘TITLE IV—STATE LONG-TERM CARE OMBUDSMAN PROGRAMS;

SERVICES FOR THE PREVENTION AND REMEDIATION OF ELDER

ABUSE, NEGLECT, AND EXPLOITATION

‘‘Subtitle A—Use of Additional Allotments

‘‘Sec. 401. Use of allotments.

‘‘Subtitle B—State Long-Term Care Ombudsman Program

‘‘Sec. 421. Requirements applicable to State long-term care ombudsman program.

‘‘Subtitle C—Prevention and Remediation of Elder Abuse, Neglect, and

Exploitation

‘‘Sec. 441. Requirements applicable to providing services to prevent and to remediate elder abuse, neglect, and exploitation.

‘‘Sec. 442. Manner of providing of services.

‘‘Subtitle D—Administrative Provisions; Authorizations of Appropriations

‘‘Sec. 491. Technical assistance.

‘‘Sec. 492. Audits.

‘‘Sec. 493. Authorizations of appropriations.

‘‘TITLE V—COMMUNITY SERVICE EMPLOYMENT FOR OLDER

AMERICANS

‘‘Sec. 501. Short title.

‘‘Sec. 502. Allotment and reservation of funds for community service employment.

‘‘Sec. 503. Older american community service employment program.

‘‘Sec. 504. Participants not Federal employees.

‘‘Sec. 505. Treatment of employment assistance for purposes of Federal housing

and food stamp programs.

‘‘Sec. 506. Authorization of appropriations.
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1 ‘‘TITLE I—GENERAL PROVISIONS

2 ‘‘Subtitle A—Statement of Purpose;

3 Definitions

4 ‘‘SEC. 101. PURPOSE.

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

6 State agencies, area agencies on aging, and tribal organiza7 tions to concentrate resources in order to develop greater

8 capacity and foster the development and implementation of

9 comprehensive and coordinated systems to serve older indi10 viduals by entering into cooperative arrangements in each

11 State for the planning and provision of supportive services,

12 nutrition services, multipurpose senior centers, community

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

14 ‘‘(1) secure and maintain maximum independ15 ence and dignity in a home environment for older in16 dividuals capable of self care with appropriate sup17 portive services,

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

19 economic and personal independence for older indi20 viduals,

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

22 older individuals,

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

24 to receive managed in-home and community-based

25 long-term care services,
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1 ‘‘(5) ensure that older individuals will be pro2 tected against abuse, neglect, and exploitation, and

3 ‘‘(6) promote employment opportunities and

4 community service.

5 ‘‘SEC. 102. DEFINITIONS.

6 ‘‘For the purposes of this Act:

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

8 when such term is used in the phrase ‘drug and alco9 hol abuse’) the willful—

10 ‘‘(A) infliction of injury, unreasonable con11 finement, intimidation, or cruel punishment

12 with resulting physical harm, pain, or mental

13 anguish, or

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

15 caregiver and a caretaker, of goods or services

16 that are necessary to avoid physical harm, men17 tal anguish, or mental illness.

18 ‘‘(2) ADMINISTRATION.—The term ‘Administra19 tion’ means the Administration on Aging.

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

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

22 who—

23 ‘‘(A) is 18 years of age or older,

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

25 individual who is a parent of the child, and
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1 ‘‘(C) has a disability.

2 ‘‘(4) ALASKA NATIVE.—The term ‘Alaska Native’

3 means an Alaska Native who is a member of an Alas4 ka Native organization.

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

6 ‘Alaska Native organization’ means an Alaska Native

7 village, or an Alaskan Native regional or village cor8 poration, as defined in or established pursuant to the

9 Alaska Native Claims Settlement Act (Public Law

10 92–203; 85 Stat. 688), that is recognized as eligible

11 for the special programs and services provided by the

12 United States to Alaska Natives because of their sta13 tus as Alaska Natives.

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

15 agency on aging’ means an area agency on aging des16 ignated under section 303(a)(2)(A) or a State agency

17 performing the functions of an area agency on aging

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

19 ‘‘(7) ASSISTANT SECRETARY.—The term ‘Assist20 ant Secretary’ means the Assistant Secretary for

21 Aging.

22 ‘‘(8) ASSISTIVE TECHNOLOGY.—The term ‘assist23 ive technology’ means technology, engineering meth24 odologies, or scientific principles appropriate to meet
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1 the needs of, and address the barriers confronted by,

2 older individuals with functional limitations.

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

4 ‘board and care facility’ means an institution regu5 lated by a State pursuant to section 1616(e) of the

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

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

8 a family member or other individual who provides

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

10 agency, organization, or institution) uncompensated

11 care to an older individual who needs supportive

12 services.

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

14 an individual who has the responsibility for the care

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

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

17 operation of law.

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

19 ‘case management service’—

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

21 individual, at the direction of the older indi22 vidual or a family member of the individual—

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

24 or experienced in the case management

25 skills that are required to deliver the serv-
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1 ices and coordination described in subpara2 graph (B), and

3 ‘‘(ii) to assess the needs, and to ar4 range, coordinate, and monitor an optimum

5 package of services to meet the needs, of the

6 older individual, and

7 ‘‘(B) includes services and coordination

8 such as—

9 ‘‘(i) comprehensive assessment of the

10 older individual (including the physical,

11 psychological, and social needs of the indi12 vidual),

13 ‘‘(ii) development and implementation

14 of a service plan with the older individual

15 to mobilize the formal and informal re16 sources and services identified in the assess17 ment to meet the needs of the older indi18 vidual, including coordination of the re19 sources and services—

20 ‘‘(I) with any other plans that

21 exist for various formal services, such

22 as hospital discharge plans, and

23 ‘‘(II) with the information and

24 assistance services provided under this

25 Act,
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1 ‘‘(iii) coordination and monitoring of

2 formal and informal service delivery, in3 cluding coordination and monitoring to en4 sure that services specified in the plan are

5 being provided,

6 ‘‘(iv) periodic reassessment and revi7 sion of the status of the older individual

8 with—

9 ‘‘(I) the older individual, or

10 ‘‘(II) if necessary, a primary

11 caregiver or family member of the older

12 individual, and

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

14 the older individual, advocacy on behalf of

15 the older individual for needed services or

16 resources.

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

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

19 ‘child’ means an individual who is less than 18 years

20 of age.

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

22 assessment’ includes providing information relating

23 to assistive technology.

24 ‘‘(15) COMMUNITY SERVICES.—The term ‘com25 munity services’ means—
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1 ‘‘(A) social, health, welfare, and educational

2 services (particularly literacy tutoring),

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

4 assistance, including tax counseling and assist5 ance and financial counseling,

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

7 services,

8 ‘‘(D) conservation, maintenance, or restora9 tion of natural resources,

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

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

14 ‘‘(G) weatherization activities,

15 ‘‘(H) economic development, and

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

18 require by rule.

19 ‘‘(16) COMPREHENSIVE AND COORDINATED SYS20 TEM.—The term ‘comprehensive and coordinated sys21 tem’ means a system for providing all necessary sup22 portive services, including nutrition services, in a

23 manner designed to—

24 ‘‘(A) facilitate accessibility to, and utiliza25 tion of, all supportive services and nutrition
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1 services provided within the geographical area

2 served by such system by any public or private

3 agency or organization,

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

5 use of supportive services and nutrition services

6 in meeting the needs of older individuals,

7 ‘‘(C) use available resources efficiently and

8 with a minimum of duplication, and

9 ‘‘(D) encourage and assist public and pri10 vate entities that have unrealized potential for

11 meeting the service needs of older individuals to

12 assist the older individuals on a voluntary basis.

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

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

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

16 mental disabilities’, or ‘physical disabilities’) a dis17 ability attributable to mental or physical impair18 ment, or a combination of mental and physical im19 pairments, that results in substantial functional limi20 tations in 1 or more of the following areas of major

21 life activity: (A) self-care, (B) receptive and expres22 sive language, (C) learning, (D) mobility, (E) self-di23 rection, (F) capacity for independent living, (G) eco24 nomic self-sufficiency, (H) cognitive functioning, and

25 (I) emotional adjustment.
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1 ‘‘(18) ELDER ABUSE.—The term ‘elder abuse’

2 means abuse of an older individual.

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

6 older individual.

7 ‘‘(20) EXPLOITATION.—The term ‘exploitation’

8 means the illegal or improper act or process of an in9 dividual, including a caregiver and a caretaker, using

10 the resources of an older individual for monetary or

11 personal benefit, profit, or gain.

12 ‘‘(21) FAMILY CAREGIVER SERVICES.—The term

13 ‘‘family caregiver services’’ means services provided to

14 an older individual by a caregiver to assist such indi15 vidual to reside in such individual’s home with ap16 propriate supportive services, including personal care

17 services, homemaker services, chore maintenance, and

18 other services.

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

20 means an entity that maximizes the collocation and

21 coordination of services for older individuals.

22 ‘‘(23) FRAIL.—The term ‘frail’ means, with re23 spect to an older individual in a State, that the older

24 individual is determined to be functionally impaired

25 because the individual—
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1 ‘‘(A)(i) is unable to perform at least two ac2 tivities of daily living without substantial

3 human assistance, including verbal reminding,

4 physical cueing, or supervision, or

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

6 perform at least three such activities without

7 such assistance, or

8 ‘‘(B) due to a cognitive or other mental im9 pairment, requires substantial supervision be10 cause the individual behaves in a manner that

11 poses a serious health or safety hazard to the in12 dividual or to another individual.

13 ‘‘(24) GREATEST ECONOMIC NEED.—The term

14 ‘greatest economic need’ means the need resulting

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

16 ‘‘(25) GREATEST SOCIAL NEED.—The term

17 ‘greatest social need’ means the need caused by non18 economic factors that include—

19 ‘‘(A) physical and mental disabilities,

20 ‘‘(B) language barriers, and

21 ‘‘(C) cultural, social, or geographical isola22 tion caused by racial or ethnic status, that—

23 ‘‘(i) restricts the ability of an indi24 vidual to perform normal daily tasks, or
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1 ‘‘(ii) threatens the capacity of the indi2 vidual to live independently.

3 ‘‘(26) IN-HOME SERVICES.—The term ‘in-home

4 services’ includes—

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

6 ‘‘(B) visiting and telephone reassurance,

7 ‘‘(C) chore maintenance,

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

9 adult day care as a respite service for families,

10 ‘‘(E) minor modification of homes that is

11 necessary to facilitate the ability of older indi12 viduals to remain at home and that is not avail13 able under other programs, but not at a cost to

14 exceed the cost established by the State agency,

15 ‘‘(F) personal care services, and

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

17 ‘‘(i) by the State agency in the State

18 plan submitted in accordance with section

19 304, and

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

21 the area plan submitted in accordance with

22 section 305.

23 ‘‘(27) INDIAN.—The term ‘Indian’ means an In24 dian who is a member of an Indian tribe.
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1 ‘‘(28) INDIAN TRIBE.—The term ‘Indian tribe’

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

3 group or community of Indians that is—

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

5 programs and services provided by the United

6 States to Indians because of their status as Indi7 ans, or

8 ‘‘(B) located on, or in proximity to, a Fed9 eral or State reservation or rancheria,

10 except that subparagraph (B) shall not apply for pur11 poses of title II.

12 ‘‘(29) INFORMATION AND ASSISTANCE SERVICE.—

13 The term ‘information and assistance service’ means

14 a service for older individuals that—

15 ‘‘(A) provides the individuals with current

16 information on opportunities and services avail17 able to the individuals within their communities,

18 including information relating to assistive tech19 nology,

20 ‘‘(B) assesses the problems and capacities of

21 the individuals,

22 ‘‘(C) links the individuals to the opportuni23 ties and services that are available,

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

25 ensures that the individuals receive the services
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1 needed by the individuals, and are aware of the

2 opportunities available to the individuals, by es3 tablishing adequate followup procedures, and

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

5 individuals, particularly—

6 ‘‘(i) older individuals with greatest so7 cial need, and

8 ‘‘(ii) older individuals with greatest

9 economic need.

10 ‘‘(30) INFORMATION AND REFERRAL.—The term

11 ‘information and referral’ includes information relat12 ing to assistive technology.

13 ‘‘(31) LEGAL ASSISTANCE.—The term ‘legal

14 assistance’—

15 ‘‘(A) means legal advice and representation

16 provided by an attorney to older individuals

17 with economic or social needs, and

18 ‘‘(B) includes—

19 ‘‘(i) to the extent feasible, counseling or

20 other appropriate assistance by a paralegal

21 or law student under the direct supervision

22 of an attorney, and

23 ‘‘(ii) counseling or representation by a

24 nonlawyer where permitted by law.
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1 ‘‘(32) LONG-TERM CARE FACILITY.—The term

2 ‘long-term care facility’ means—

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

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

5 U.S.C. 1395i–3(a)),

6 ‘‘(B) any nursing facility, as defined in sec7 tion 1919(a) of the Social Security Act (42

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

9 ‘‘(C) for purposes of section 304(a)(8) and

10 title IV, a board and care facility, or

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

12 a facility or institution described in subpara13 graph (A), (B), or (C).

14 ‘‘(33) LOW-INCOME.—The term ‘low-income’

15 means, for purposes of title V, income that is not

16 more than 125 percent of the poverty line.

17 ‘‘(34) MULTIPURPOSE SENIOR CENTER.—The

18 term ‘multipurpose senior center’ means a community

19 facility for the organization and provision of a broad

20 spectrum of services, which shall include provision of

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

22 and educational services and the provision of facili23 ties for recreational activities for older individuals.

24 ‘‘(35) NATIVE AMERICAN.—The term ‘Native

25 American’ means—
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1 ‘‘(A) an Indian,

2 ‘‘(B) an Alaska Native, or

3 ‘‘(C) a Native Hawaiian.

4 ‘‘(36) NATIVE HAWAIIAN.—The term ‘Native Ha5 waiian’ means any individual any of whose ancestors

6 were natives of the area that consists of the Hawaiian

7 Islands prior to 1778,

8 ‘‘(37) NEGLECT.—The term ‘neglect’ means—

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

10 goods or services that are necessary to avoid

11 physical harm, mental anguish, or mental ill12 ness, or

13 ‘‘(B) the failure of a caregiver or a care14 taker to provide the goods or services.

15 ‘‘(38) NONPROFIT.—The term ‘nonprofit’ as ap16 plied to any agency, institution, or organization

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

18 or is owned and operated by, one or more corpora19 tions or associations no part of the net earnings of

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

21 any private shareholder or individual.

22 ‘‘(39) OLDER INDIVIDUAL.—The term ‘older in23 dividual’ means—

24 ‘‘(A) except for purposes of title V, an indi25 vidual who is 60 years of age or older, and
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1 ‘‘(B) for purposes of title V, an individual

2 who is 55 years of age or older.

3 ‘‘(40) PHYSICAL HARM.—The term ‘physical

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

5 ‘‘(41) PLANNING AND SERVICE AREA.—The term

6 ‘planning and service area’ means an area designated

7 by a State agency under section 303(a)(1)(E), includ8 ing a single planning and service area described in

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

10 ‘‘(42) POVERTY LINE.—The term ‘poverty line’

11 means the official poverty line (as defined by the Of12 fice of Management and Budget, and adjusted by the

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

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

15 9902(2)).

16 ‘‘(43) REPRESENTATIVE PAYEE.—The term ‘rep17 resentative payee’ means a person who is appointed

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

19 older individual who is unable to manage funds by

20 reason of a physical or mental incapacity, any funds

21 owed to such individual by such entity.

22 ‘‘(44) SECRETARY.—The term ‘Secretary’

23 means—

24 ‘‘(A) except for purposes of title V, the Sec25 retary of Health and Human Services, and
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1 ‘‘(B) for purposes of title V, the Secretary of

2 Labor.

3 ‘‘(45) SEVERE DISABILITY.—The term ‘severe

4 disability’ means a severe, chronic disability attrib5 utable to mental or physical impairment, or a com6 bination of mental and physical impairments, that—

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

8 ‘‘(B) results in substantial functional limi9 tation in 3 or more of the major life activities

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

11 paragraph (17).

12 ‘‘(46) STATE.—The term ‘State’ means any of

13 the several States, the District of Columbia, the Vir14 gin Islands of the United States, the Commonwealth

15 of Puerto Rico, Guam, American Samoa, or the Com16 monwealth of the Northern Mariana Islands.

17 ‘‘(47) STATE AGENCY.—The term ‘State agency’

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

19 ‘‘(48) SUPPORTIVE SERVICE.—The term ‘sup20 portive service’ means a service described in section

21 321(a).

22 ‘‘(49) TRIBAL ORGANIZATION.—The term ‘tribal

23 organization’ means—

24 ‘‘(A) except for purposes of titles II and V—
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1 ‘‘(i) the recognized governing body of

2 an Indian tribe, or

3 ‘‘(ii) the legally established organiza4 tion of Indians that is controlled, sanc5 tioned, or chartered by the governing body

6 of an Indian tribe,

7 ‘‘(B) for purposes of title II—

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

9 (ii) of subparagraph (A), or

10 ‘‘(ii) a legally established organization

11 of Indians that is democratically elected by

12 the adult members of the Indian community

13 to be served by such organization and that

14 includes the maximum participation of In15 dians in all phases of its activities, and

16 ‘‘(C) for purposes of title V, a public or

17 nonprofit private organization that is primarily

18 controlled by, and comprised of, Indians or In19 dian tribes.

20 ‘‘(50) UNIT OF GENERAL PURPOSE LOCAL GOV21 ERNMENT.—The term ‘unit of general purpose local

22 government’ means—

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

24 whose authority is general and not limited to
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1 only one function or combination of related func2 tions, or

3 ‘‘(B) a tribal organization.

4 ‘‘Subtitle B—Administration

5 ‘‘SEC. 111. ESTABLISHMENT OF ADMINISTRATION ON

6 AGING.

7 ‘‘(a) ESTABLISHMENT.—There is established in the Of8 fice of the Secretary, an Administration on Aging which

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

10 Act shall be administered through the Administration and

11 under the supervision of the Secretary.

12 ‘‘(b) ASSISTANT SECRETARY.—The Assistant Sec13 retary shall be appointed by the President by and with the

14 advice and consent of the Senate.

15 ‘‘(c) DESIGNATION RELATING TO ADMINISTRATION OF

16 PROGRAMS AFFECTING NATIVE AMERICANS.—The Assist17 ant Secretary—

18 ‘‘(1) shall establish an Office on Native Ameri19 cans within the Administration, and

20 ‘‘(2) shall designate an individual in the Admin21 istration who has expertise with respect to programs

22 and services affecting Native Americans, who shall be

23 responsible, under the supervision of the Assistant

24 Secretary, for the administration of title II and for

25 coordination of other programs, projects, and activi-
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1 ties carried out under this Act that affect Native

2 Americans.

3 ‘‘(d) DESIGNATION RELATING TO THE ADMINISTRA4 TION OF STATE LONG-TERM CARE OMBUDSMAN PRO5 GRAMS.—The Assistant Secretary—

6 ‘‘(1) shall establish an office of long-term care

7 ombudsman programs, and

8 ‘‘(2) shall designate an individual in the Admin9 istration who shall be responsible, under the super10 vision of the Assistant Secretary, for the Federal ad11 ministrative activities relating to State long-term

12 care ombudsman programs.

13 ‘‘(e) DESIGNATION RELATING TO THE ADMINISTRA14 TION OF NUTRITION SERVICES.—The Assistant Secretary

15 shall designate an individual in the Administration who

16 shall be responsible, under the supervision of the Assistant

17 Secretary, for the administration of chapter 3 of subtitle

18 A of title III. Such individual shall—

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

20 services and planning, and

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

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

23 ‘‘(C) have education and training that is sub24 stantially equivalent to the education and training
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1 for a registered dietitian or a credentialed nutrition

2 professional.

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

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

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

6 visible advocate for older individuals, within the De7 partment of Health and Human Services and with

8 other departments, agencies, and instrumentalities of

9 the Federal Government by maintaining active review

10 of and commenting on responsibilities of all Federal

11 policies affecting older individuals.

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

13 information related to problems of older individuals

14 and aging.

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

16 assist the Secretary in all matters pertaining to prob17 lems of older individuals and aging.

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

19 grants provided and contracts made under this Act.

20 ‘‘(5) TECHNICAL ASSISTANCE.—To provide tech21 nical assistance and consultation to States, political

22 subdivisions of States, tribal organizations, Alaska

23 Native organizations, and organizations serving Na24 tive Hawaiians, with respect to programs for older

25 individuals and aging.
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1 ‘‘(6) EDUCATIONAL MATERIALS.—To prepare,

2 publish, and disseminate educational materials deal3 ing with the welfare of older individuals.

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

5 field of aging that other Federal agencies are not col6 lecting, and to take whatever action is necessary to

7 achieve coordination of activities carried out or as8 sisted by all departments, agencies, and instrumental9 ities of the Federal Government with respect to the

10 collection, preparation, and dissemination of infor11 mation relevant to older individuals.

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

13 the planning and development by public (including

14 Federal, State, and local agencies) and private orga15 nizations of programs for older individuals to facili16 tate the establishment of a nationwide network of

17 comprehensive, coordinated services and opportunities

18 for older individuals.

19 ‘‘(9) STATISTICAL DATA.—To collect for each fis20 cal year, for fiscal years beginning after September

21 30, 1999, directly or by contract, statistical data re22 garding programs, projects, and activities carried out

23 with funds provided under this Act, including—

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

25 activity provided with such funds—
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1 ‘‘(i) the aggregate amount of such

2 funds expended to provide such service or

3 activity,

4 ‘‘(ii) the number of individuals who re5 ceived such service or activity, and

6 ‘‘(iii) the number of units of such serv7 ice or activity provided, and

8 ‘‘(B) the number of multipurpose senior

9 centers that received such funds.

10 ‘‘(10) UNIFORM DATA COLLECTION PROCE11 DURES.—To design and implement, for purposes of

12 compliance with paragraph (9), uniform data collec13 tion procedures for use by State agencies, including—

14 ‘‘(A) uniform definitions and nomenclature,

15 ‘‘(B) standardized data collection proce16 dures,

17 ‘‘(C) procedures for collecting information

18 on gaps in services needed by older individuals,

19 as identified by service providers in assisting cli20 ents through the provision of the supportive serv21 ices, and

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

23 unmet need for services under this Act.

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

25 research in the field of aging, based on consultations
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1 with individuals and organizations knowledgeable in

2 the field of aging.

3 ‘‘(12) INFORMATION ON COMMUNITY RE4 SOURCES.—To establish and operate, directly or by

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

6 by which individuals may obtain information and as7 sistance to locate community resources that may be

8 available to older individuals and their caregivers.

9 ‘‘SEC. 113. FEDERAL AGENCY CONSULTATION.

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

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

12 with, and cooperate with the head of each department, agen13 cy, or instrumentality of the Federal Government proposing

14 or administering programs or services substantially related

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

16 or services. The head of each department, agency, or instru17 mentality of the Federal Government proposing to establish

18 or modify any program or service substantially related to

19 the purpose of this Act shall consult with and coordinate

20 with the Assistant Secretary.

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

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

23 Secretary may—
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1 ‘‘(1) provide consultative services and technical

2 assistance to public or nonprofit private agencies and

3 organizations,

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

5 instruction,

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

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

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

10 for which funds are provided under this Act.

11 ‘‘(b) TECHNICAL ASSISTANCE AND COOPERATION.—In

12 carrying out the provisions of this title, the Assistant

13 Secretary—

14 ‘‘(1) may request the technical assistance and co15 operation of the Department of Education, the De16 partment of Labor, the Department of Housing and

17 Urban Development, the Department of Transpor18 tation, the Office of Community Services, the Depart19 ment of Veterans Affairs, the Substance Abuse and

20 Mental Health Services Administration, and such

21 other agencies and departments of the Federal Gov22 ernment as may be appropriate, and

23 ‘‘(2) shall encourage recipients of grants and

24 contracts used to provide nonemergency transpor25 tation services under this Act, to coordinate, to the
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1 maximum extent practicable, in metropolitan areas

2 the design and delivery of such services with transpor3 tation services supported by governmental entities

4 with financial assistance received from Federal, State,

5 and local governmental entities, and particularly

6 from the Department of Transportation.

7 ‘‘(c) AUTHORITY TO MAKE GRANTS.—From funds ap8 propriated under section 121(b), the Assistant Secretary

9 may make grants to public or nonprofit private agencies,

10 organizations, and institutions, and to tribal organizations,

11 and may enter into contracts with agencies, organizations,

12 institutions, and individuals for activities—

13 ‘‘(1) to expand the Nation’s knowledge and un14 derstanding of older individuals and the aging proc15 ess,

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

17 of innovative ideas and best practices in programs

18 and services for older individuals,

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

20 in the field of aging,

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

22 ages of the need to assume personal responsibility for

23 their own aging through—
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1 ‘‘(A) education and training to develop an

2 adequately trained workforce to work with and

3 on behalf of older individuals,

4 ‘‘(B) research and policy analysis to im5 prove access to and delivery of services for older

6 individuals,

7 ‘‘(C) development of methods and practices

8 to improve quality and effectiveness of such serv9 ices,

10 ‘‘(D) demonstration of new approaches to

11 design, delivery, and coordination of services and

12 activities for older individuals,

13 ‘‘(E) technical assistance in planning, de14 velopment, implementation, evaluation, and im15 provement of programs, projects, and activities

16 under this Act, and

17 ‘‘(F) dissemination of information on issues

18 related to aging, their impact on individuals

19 and society, and relating to services and activi20 ties benefiting older individuals, and

21 ‘‘(5)(A) to foster the development and testing of

22 new approaches to sustaining the efforts of families

23 and others who provide family caregiving services,

24 and the dissemination of information regarding such

25 approaches, and
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1 ‘‘(B) to promote quality and continuous im2 provement in systems of support provided to families

3 and others who provide family caregiving services.

4 ‘‘(d) CAREER PREPARATION FOR THE FIELD OF

5 AGING.—

6 ‘‘(1) GRANTS.—The Assistant Secretary shall

7 make grants to institutions of higher education, his8 torically Black colleges or universities, Hispanic Cen9 ters of Excellence in Applied Gerontology, and other

10 educational institutions that serve the needs of minor11 ity students, to provide education and training to

12 prepare students for careers in the field of aging.

13 ‘‘(2) DEFINITIONS.—For purposes of paragraph

14 (1):

15 ‘‘(A) HISPANIC CENTER OF EXCELLENCE IN

16 APPLIED GERONTOLOGY.—The term ‘Hispanic

17 Center of Excellence in Applied Gerontology’

18 means an institution of higher education with a

19 program in applied gerontology that—

20 ‘‘(i) has a significant number of His21 panic individuals enrolled in the program,

22 including individuals accepted for enroll23 ment in the program,

24 ‘‘(ii) has been effective in assisting

25 Hispanic students of the program to com-
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1 plete the program and receive the degree in2 volved,

3 ‘‘(iii) has been effective in recruiting

4 Hispanic individuals to attend the pro5 gram, including providing scholarships and

6 other financial assistance to such individ7 uals and encouraging Hispanic students of

8 secondary educational institutions to attend

9 the program, and

10 ‘‘(iv) has made significant recruitment

11 efforts to increase the number and place12 ment of Hispanic individuals serving in

13 faculty or administrative positions in the

14 program.

15 ‘‘(B) HISTORICALLY BLACK COLLEGE OR

16 UNIVERSITY.—The term ‘historically Black col17 lege or university’ has the meaning given the

18 term ‘part B institution’ in section 322(2) of the

19 Higher Education Act of 1965 (20 U.S.C.

20 1061(2)).

21 ‘‘(e) PENSION RIGHTS DEMONSTRATION PROJECTS.—

22 ‘‘(1) DEFINITIONS.—As used in this subsection:

23 ‘‘(A) PENSION RIGHTS INFORMATION PRO24 GRAM.—The term ‘pension rights information
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1 program’ means a program described in para2 graph (3).

3 ‘‘(B) PENSION AND OTHER RETIREMENT

4 BENEFITS.—The term ‘pension and other retire5 ment benefits’ means private, civil service, and

6 other public pensions and retirement benefits, in7 cluding benefits provided under—

8 ‘‘(i) the Social Security program under

9 title II of the Social Security Act (42

10 U.S.C. 401 et seq.),

11 ‘‘(ii) the railroad retirement program

12 under the Railroad Retirement Act of 1974

13 (45 U.S.C. 231 et seq.),

14 ‘‘(iii) the government retirement bene15 fits programs under the Civil Service Re16 tirement System set forth in chapter 83 of

17 title 5, United States Code, the Federal Em18 ployees Retirement System set forth in

19 chapter 84 of title 5, United States Code, or

20 other Federal retirement systems, or

21 ‘‘(iv) the Employee Retirement Income

22 Security Act of 1974 (29 U.S.C. 1001 et

23 seq.).
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1 ‘‘(2) ESTABLISHMENT.—The Assistant Secretary

2 shall establish and carry out pension rights dem3 onstration projects.

4 ‘‘(3) PENSION RIGHTS INFORMATION PRO5 GRAMS.—

6 ‘‘(A) USE OF FUNDS.—In carrying out the

7 projects specified in paragraph (2), the Assistant

8 Secretary shall, to the extent appropriations are

9 available, award grants to 6 eligible entities to

10 establish programs to provide outreach, informa11 tion, counseling, referral, and assistance regard12 ing pension and other retirement benefits, and

13 rights related to such benefits.

14 ‘‘(B) AWARD OF GRANTS.—

15 ‘‘(i) TYPE OF ENTITY.—The Assistant

16 Secretary shall award under this

17 subsection—

18 ‘‘(I) 4 grants to State agencies or

19 area agencies on aging, and

20 ‘‘(II) 2 grants to nonprofit orga21 nizations with a proven record of

22 providing—

23 ‘‘(aa) services related to re24 tirement of older individuals, or
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1 ‘‘(bb) specific pension rights

2 counseling.

3 ‘‘(ii) PANEL.—In awarding grants

4 under this subsection, the Assistant Sec5 retary shall use a citizen advisory panel

6 that shall include representatives of busi7 ness, labor, national senior advocates, and

8 national pension rights advocates.

9 ‘‘(iii) CRITERIA.—In awarding grants

10 under this subsection, the Assistant Sec11 retary, in consultation with the panel, shall

12 use as criteria—

13 ‘‘(I) evidence of commitment of an

14 agency or organization to carry out a

15 proposed pension rights information

16 program,

17 ‘‘(II) the ability of the agency or

18 organization to perform effective out19 reach to affected populations, particu20 larly populations identified as in need

21 of special outreach, and

22 ‘‘(III) reliable information that

23 the population to be served by the

24 agency or organization has a demon-
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1 strable need for the services proposed to

2 be provided under the program,

3 and shall give special consideration to ap4 plicants that have not received a grant

5 under this subsection.

6 ‘‘(C) APPLICATION.—

7 ‘‘(i) IN GENERAL.—To be eligible to re8 ceive a grant under this subsection, an enti9 ty shall submit an application to the Assist10 ant Secretary at such time, in such manner,

11 and containing such information as the As12 sistant Secretary may require by rule, in13 cluding, at a minimum—

14 ‘‘(I) a plan for the establishment

15 of a pension rights information pro16 gram to serve a specific geographical

17 area, and

18 ‘‘(II) an assurance that staff

19 members (including volunteer staff

20 members) have no conflict of interest in

21 providing the services described in the

22 plan.

23 ‘‘(ii) PLAN.—The plan described in

24 clause (i) shall provide for a program

25 that—
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1 ‘‘(I) establishes a State or area

2 pension rights information center,

3 ‘‘(II) provides counseling (includ4 ing direct counseling and assistance to

5 individuals needing information) and

6 information that may assist individ7 uals in establishing rights to, obtain8 ing, and filing claims or complaints

9 related to, pension and other retire10 ment benefits,

11 ‘‘(III) provides information on

12 sources of pension and other retirement

13 benefits, including the benefits under

14 programs described in paragraph

15 (1)(A),

16 ‘‘(IV) makes referrals to legal

17 services and other advocacy programs,

18 ‘‘(V) establishes a system of refer19 ral to State, local, and Federal depart20 ments or agencies related to pension

21 and other retirement benefits,

22 ‘‘(VI) provides a sufficient num23 ber of staff positions (including volun24 teer positions) to ensure information,

25 counseling, referral, and assistance re-
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1 garding pension and other retirement

2 benefits,

3 ‘‘(VII) provides training pro4 grams for staff members, including vol5 unteer staff members of the programs

6 described in paragraph (1)(A),

7 ‘‘(VIII) makes recommendations

8 to the Administration, the Department

9 of Labor, another Federal entity, and

10 State and local agencies concerning

11 issues for older individuals related to

12 pension and other retirement benefits,

13 and

14 ‘‘(IX) establishes an outreach pro15 gram to provide information, coun16 seling, referral, and assistance regard17 ing pension and other retirement bene18 fits, with particular emphasis on out19 reach to women, minorities, and low20 income retirees.

21 ‘‘(4) TRAINING PROGRAM.—

22 ‘‘(A) USE OF FUNDS.—In carrying out the

23 projects described in paragraph (2), the Assistant

24 Secretary shall, to the extent appropriations are
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1 available, award a grant to an eligible entity to

2 establish a training program to provide—

3 ‘‘(i) information to the staffs of entities

4 operating pension rights information pro5 grams, and

6 ‘‘(ii) assistance to the entities and as7 sist such entities in the design of program

8 evaluation tools.

9 ‘‘(B) ELIGIBLE ENTITY.—Entities eligible to

10 receive grants under this subsection include non11 profit private organizations with records of pro12 viding national information, referral, and advo13 cacy in matters related to pension and other re14 tirement benefits.

15 ‘‘(C) APPLICATION.—To be eligible to re16 ceive a grant under this subsection, an entity

17 shall submit an application to the Assistant Sec18 retary at such time, in such manner, and con19 taining such information as the Assistant Sec20 retary may require by rule.

21 ‘‘(5) DURATION.—The Assistant Secretary may

22 award grants under paragraphs (3) and (4) for peri23 ods not to exceed 18 months.

24 ‘‘(6) PENSION ASSISTANCE HOTLINE AND INTER25 AGENCY COORDINATION.—The Assistant Secretary
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1 shall enter into interagency agreements for the estab2 lishment and operation of, and dissemination of in3 formation about, a telephone hotline for individuals

4 seeking outreach, information, counseling, referral,

5 and assistance regarding pension and other retire6 ment benefits, and rights related to such benefits. The

7 Assistant Secretary shall also enter into agreements

8 with the Secretary of Labor and with the heads of

9 other Federal agencies that regulate the provision of

10 pension and other retirement benefits, as the Assistant

11 Secretary determines to be appropriate, in order to

12 carry out this paragraph and to develop a nationwide

13 public-private pension assistance system.

14 ‘‘(7) REPORT TO CONGRESS.—

15 ‘‘(A) PREPARATION.—The Assistant Sec16 retary shall prepare a report that—

17 ‘‘(i) summarizes the distribution of

18 funds authorized for grants under this sec19 tion and the expenditure of such funds,

20 ‘‘(ii) summarizes the scope and content

21 of training and assistance provided under a

22 program carried out under this subsection

23 and the degree to which the training and

24 assistance can be replicated,
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1 ‘‘(iii) outlines the problems that indi2 viduals participating in programs funded

3 under this subsection encountered con4 cerning rights related to pension and other

5 retirement benefits, and

6 ‘‘(iv) makes recommendations regard7 ing the manner in which services provided

8 in programs funded under this subsection

9 can be incorporated into the ongoing pro10 grams of State agencies, area agencies on

11 aging, multipurpose senior centers, and

12 other similar entities.

13 ‘‘(B) SUBMISSION.—Not later than 30

14 months after the date of the enactment of this

15 Act, the Assistant Secretary shall submit the re16 port described in subparagraph (A) to the Com17 mittee on Education and the Workforce of the

18 House of Representatives and the Committee on

19 Health, Education, Labor, and Pensions of the

20 Senate.

21 ‘‘(8) ADMINISTRATIVE EXPENSES.—Of the funds

22 appropriated to carry out this subsection for a fiscal

23 year, not more than $100,000 may be used by the Ad24 ministration for administrative expenses in carrying

25 out this subsection.
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1 ‘‘(f) HEALTH CARE SERVICE DEMONSTRATION

2 PROJECTS IN RURAL AREAS.—

3 ‘‘(1) AUTHORITY.—The Assistant Secretary, after

4 consultation with the State agency of the State in5 volved, shall make grants in accordance with para6 graph (3) to eligible public agencies and nonprofit

7 private organizations to pay part or all of the cost of

8 developing or operating model health care service

9 projects (including related home health care services,

10 adult day health care, outreach, and transportation)

11 through multipurpose senior centers that are located

12 in rural areas and that provide nutrition services

13 under section 331, to meet the health care needs of

14 medically underserved older individuals residing in

15 such areas.

16 ‘‘(2) ELIGIBILITY.—To be eligible to receive a

17 grant under paragraph (1), a public agency or non18 profit private organization shall submit to the Assist19 ant Secretary an application containing such infor20 mation and assurances as the Secretary may require

21 by rule, including—

22 ‘‘(A) information describing the nature and

23 extent of the applicant’s—
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1 ‘‘(i) experience in providing medical

2 services of the kinds to be provided in the

3 project for which a grant is requested, and

4 ‘‘(ii) coordination and cooperation

5 with—

6 ‘‘(I) institutions of higher edu7 cation having graduate programs with

8 capability in public health, the medical

9 sciences, psychology, pharmacology,

10 nursing, social work, health education,

11 nutrition, or gerontology, for the pur12 pose of designing and developing such

13 project, and

14 ‘‘(II) critical access hospitals (as

15 defined in section 1861(mm)(1) of the

16 Social Security Act) and rural health

17 clinics (as defined in section

18 1861(aa)(2) of the Social Security

19 Act),

20 ‘‘(B) assurances that the applicant will

21 carry out the project for which a grant is re22 quested, through a multipurpose senior center

23 located—

24 ‘‘(i)(I) in a rural area that has a pop25 ulation of less than 5000, or
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1 ‘‘(II) in a county that has fewer than

2 6 individuals per square mile, and

3 ‘‘(ii) in a State in which—

‘‘(I) not less than 331 4 ⁄3 of the pop5 ulation resides in rural areas,

6 ‘‘(II) not less than 5 percent of the

7 population resides in counties with

8 fewer than 6 individuals per square

9 mile, and

10 ‘‘(III) older individuals

11 comprise—

12 ‘‘(aa) not less than 17 per13 cent of the population, and

14 ‘‘(bb) not less than 40 per15 cent of the population residing in

16 areas described in subclauses (I)

17 and (II),

18 as defined and determined in accordance

19 with the most recent data then available

20 from the Bureau of the Census, and

21 ‘‘(C) assurances that the applicant will sub22 mit to the Assistant Secretary such evaluations

23 and reports as the Assistant Secretary may re24 quire by rule.
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1 ‘‘(3) RULES.—Not later than 180 days after the

2 date of the enactment of this Act, the Secretary shall

3 issue rules to carry out this subsection.

4 ‘‘(4) REPORTS.—The Assistant Secretary shall

5 include in the reports required by section 117, sum6 maries of the evaluations and reports required under

7 paragraph (2).

8 ‘‘SEC. 115. MISUSE OF FUNDS BY PROVIDERS.

9 ‘‘(a) AUTHORITY TO BAR PROVIDERS.—If, after notice

10 and an opportunity for a hearing, it is determined—

11 ‘‘(1) by the Assistant Secretary that funds ex12 pended under this Act (excluding title V) by a State,

13 a State agency, or an area agency on aging, directly

14 or indirectly by a grant to or contract with a pro15 vider of goods or services, have not been expended in

16 compliance with this Act (excluding title V) or a reg17 ulation issued to carry out this Act (excluding title

18 V), or

19 ‘‘(2) by the Secretary of Labor that funds ex20 pended under title V by a recipient of a grant under

21 section 503(a)(1), directly or indirectly by a grant to

22 or contract with a provider to provide employment to

23 older individuals, have not been expended in compli24 ance with such title or a regulation issued to carry

25 out such title,
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1 then the Assistant Secretary or the Secretary, as the case

2 may be, may issue an order barring such provider, for a

3 period not to exceed 5 years as specified in such order, from

4 receiving a grant, or entering into a contract, to provide

5 goods, services, or employment with funds made available

6 under this Act (excluding title V) or such title, as the case

7 may be.

8 ‘‘(b) EFFECT OF ORDER.—For the period during

9 which an order issued under subsection (a) is in effect, none

10 of the funds made available under this Act (excluding title

11 V) or title V, as the case may be, may be expended directly

12 or indirectly by a grant to or contract with the provider

13 that is the subject of such order.

14 ‘‘SEC. 116. EVALUATIONS.

15 ‘‘(a) DUTY OF SECRETARY.—The Secretary may meas16 ure and evaluate the impact and effectiveness of all pro17 grams, projects, and activities carried out with funds pro18 vided under this Act. Evaluations shall be conducted by per19 sons not immediately involved in the administration of the

20 programs, projects, and activities evaluated.

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

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

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

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

4 ‘‘(2) consult with organizations concerned with

5 the welfare of older individuals.

6 ‘‘SEC. 117. REPORTS.

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

8 year beginning after September 30, 1999, the Assistant Sec9 retary shall prepare and submit to the President and to

10 the the Speaker of the House of Representative and the

11 President pro tempore of the Senate, a complete report on

12 the programs, projects, and activities carried out under this

13 Act in such fiscal year. Such report shall include—

14 ‘‘(1) statistical data reflecting services and ac15 tivities provided under this Act to older individuals

16 during the fiscal year for which such report is sub17 mitted,

18 ‘‘(2) statistical data collected under section

19 112(9), and

20 ‘‘(3) statistical data, and an analysis of infor21 mation, regarding the effectiveness of the State agency

22 and area agencies on aging in targeting services to

23 older individuals with greatest economic need and

24 older individuals with greatest social need (with par-
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1 ticular attention to low-income minority older indi2 viduals).

3 ‘‘SEC. 118. REDUCTION OF PAPERWORK.

4 ‘‘In order to reduce unnecessary, duplicative, or dis5 ruptive demands for information, the Assistant Secretary,

6 in consultation with State agencies and other appropriate

7 agencies and organizations, shall continually review and

8 evaluate all requests by the Administration for information

9 under this Act and shall take such action as may be nec10 essary to reduce the paperwork required under this Act. The

11 Assistant Secretary shall request only such information as

12 the Assistant Secretary deems essential to carry out the pur13 pose and provisions of this Act and, in gathering such infor14 mation, shall make use of uniform service definitions to the

15 extent that such definitions are available.

16 ‘‘SEC. 119. SURPLUS PROPERTY ELIGIBILITY.

17 ‘‘Any State or local government agency, and any non18 profit organization or institution, that receives funds ap19 propriated for programs for older individuals under this

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

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

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

23 Community Services Block Grant Act, shall be deemed to

24 be eligible to receive for such programs, property that is
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1 declared surplus to the needs of the Federal Government in

2 accordance with laws applicable to surplus property.

3 ‘‘SEC. 120. BENEFIT TREATMENT UNDER OTHER LAWS.

4 ‘‘No benefit (excluding wages and cash allowances that

5 are not reimbursements) received under a program, project,

6 or activity carried out under this Act shall be treated under

7 any Federal, State, or local law as income or resources of

8 an eligible individual participating in such program,

9 project, or activity.

10 ‘‘SEC. 121. AUTHORIZATION OF APPROPRIATIONS.

11 ‘‘(a) IN GENERAL.— For the expenses (including sala12 ries) of the Administration on Aging to carry out this Act

13 (other than subsections (c), (d), (e), and (f) of section 114),

14 there are authorized to be appropriated $15,100,000 for fis15 cal year 2000 and such sums as may be necessary for fiscal

16 years 2001, 2002, 2003, 2004.

17 ‘‘(b) RESEARCH, TRAINING, AND DEMONSTRATION.—

18 (1) There are authorized to be appropriated to carry out

19 subsections (c), (d), (e), and (f) of section 114, $18,400,000

20 for fiscal year 2000 and such sums as may be necessary

21 for fiscal years 2001, 2002, 2003, and 2004.

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

23 for each fiscal year—

24 ‘‘(A) not more than $1,000,000 shall be available

25 to carry out section 112(12), and
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1 ‘‘(B) subject to paragraph (3)—

2 ‘‘(i) not less than $540,000 shall be avail3 able to make grants under section 114(d) to His4 panic Centers of Excellence in Applied Geron5 tology, and

6 ‘‘(ii) not less than $1,200,000 shall be avail7 able to make grants under section 114(d) to his8 torically Black colleges or universities,

9 ‘‘(C) not less than $1,000,000 shall be avail10 able to carry out section 114(e), and

11 ‘‘(D) not less than $1,500,000 shall be avail12 able to carry out section 114(f).

13 ‘‘(3) If the amount appropriated under paragraph (1)

14 for any fiscal year is less than the aggregate of the amounts

15 specified in subparagraphs (B), (C), and (D) of paragraph

16 (2), each of such amounts shall be reduced pro rata as nec17 essary to cause such aggregate to equal such amount.

18 ‘‘TITLE II—GRANTS FOR NATIVE

19 AMERICAN PROGRAMS ON

20 AGING

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

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

23 Secretary may make grants to eligible organizations to pay

24 all of the costs for delivery of supportive services and nutri-
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1 tion services for older individuals who are Native Ameri2 cans.

3 ‘‘(b) ELIGIBILITY OF ORGANIZATIONS.—An organiza4 tion is eligible to receive a grant under this title (excluding

5 section 204) only if the organization is—

6 ‘‘(1) a tribal organization that—

7 ‘‘(A) represents at least 50 older individ8 uals, and

9 ‘‘(B) demonstrates the ability to deliver sup10 portive services and nutritional services,

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

12 ‘‘(A) represents at least 50 older individ13 uals, and

14 ‘‘(B) demonstrates the ability to deliver sup15 portive services and nutritional services, or

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

17 that—

18 ‘‘(A) will serve at least 50 older individuals

19 who are Native Hawaiians, and

20 ‘‘(B) demonstrates the ability to deliver sup21 portive services and nutrition services.

22 ‘‘SEC. 202. APPLICATIONS FOR GRANTS.

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

24 this title (excluding section 204) unless an eligible organiza25 tion submits an application to the Assistant Secretary that
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1 meets such criteria as the Assistant Secretary may establish

2 by rule. Each such application shall—

3 ‘‘(1) provide that such organization shall evalu4 ate the need for supportive and nutrition services

5 among older individuals who are—

6 ‘‘(A) Indians represented by such organiza7 tion if such organization is a tribal organiza8 tion,

9 ‘‘(B) Alaska Natives represented by such or10 ganization if such organization is an Alaska Na11 tive organization, or

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

13 organization,

14 ‘‘(2) provide for the use of such methods of ad15 ministration as are necessary for the proper and effi16 cient administration of the project to be carried out

17 with such grant,

18 ‘‘(3) provide an assurance that such organization

19 will make such reports in such form and containing

20 such information, as the Assistant Secretary may rea21 sonably require, and comply with such requirements

22 as the Assistant Secretary may impose to ensure the

23 correctness of such reports,

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

25 project to be carried out with such grant,
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1 ‘‘(5) establish objectives toward which such

2 project will be directed, identify obstacles to the at3 tainment of such objectives, and indicate the manner

4 in which such organization proposes to overcome such

5 obstacles,

6 ‘‘(6) provide for establishing and maintaining

7 information and assistance services to ensure that

8 older individuals who are served by such project will

9 have reasonably convenient access to the services and

10 activities provided by such project,

11 ‘‘(7) provide that a preference for older individ12 uals who are Native Americans for full- or part-time

13 staff positions will be given whenever feasible,

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

15 by way of grant or contract with appropriate entities,

16 nutrition services will be delivered to older individ17 uals who are—

18 ‘‘(A) Indians represented by such organiza19 tion if such organization is a tribal organiza20 tion,

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

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

25 organization,
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1 and will substantially comply with chapter 2 of sub2 title A of title III, except that in any case in which

3 the need of such individuals for nutritional services is

4 already met from other sources, such organization

5 may expend for supportive services the funds other6 wise required to be expended under this paragraph,

7 ‘‘(9) provide that any legal services or ombuds8 man services made available to older individuals who

9 are—

10 ‘‘(A) Indians represented by such organiza11 tion if such organization is a tribal organiza12 tion,

13 ‘‘(B) Alaska Natives represented by such or14 ganization if such organization is an Alaska Na15 tive organization, or

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

17 organization,

18 will be in substantial compliance with the provisions

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

20 similar services,

21 ‘‘(10) contain satisfactory assurances that fiscal

22 control and fund accounting procedures will be adopt23 ed as may be necessary to ensure proper disbursement

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

25 title to such organization, including any funds paid
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1 by such organization to a recipient of a grant or con2 tract,

3 ‘‘(11) contain assurances that such organization

4 will coordinate services provided under this title with

5 services provided under subtitle A of title III in the

6 same geographical area, and

7 ‘‘(12) if the organization elects to solicit vol8 untary contributions from older individuals, provide

9 that such organization will ensure that such contribu10 tions will be—

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

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

14 to, services provided under this title.

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

16 any application submitted under subsection (a), an eligible

17 organization may develop its own population statistics,

18 with a certification from the Bureau of Indian Affairs, in

19 order to establish eligibility to receive a grant under this

20 title.

21 ‘‘(c) APPROVAL OF APPLICATION.—The Assistant Sec22 retary shall approve any application that complies with

23 subsection (a).

24 ‘‘(d) APPLICATION NOT APPROVED.—Whenever the As25 sistant Secretary determines not to approve an application
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1 submitted under subsection (a) the Assistant Secretary

2 shall—

3 ‘‘(1) state objections in writing to the organiza4 tion within 60 days after such determination,

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

6 assistance to the organization to overcome such stated

7 objections, and

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

9 under such rules as the Assistant Secretary may

10 issue.

11 ‘‘(e) PERIOD FUNDED.—Whenever the Assistant Sec12 retary approves an application of an organization under

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

14 less than 12 months.

15 ‘‘SEC. 203. DISTRIBUTION OF FUNDS AMONG TRIBAL ORGA16 NIZATIONS, ALASKA NATIVE ORGANIZATIONS,

17 AND ORGANIZATIONS SERVING NATIVE HA18 WAIIANS.

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

20 availability of appropriations to carry out this title, the

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

22 tribal organization, an Alaska Native organization, or an

23 organization serving Native Hawaiians for fiscal year 2000

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

25 the amount of the grant made under title VI of the Older
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1 Americans Act of 1965 to the tribal organization, the Alas2 ka Native organization, or the organization serving Native

3 Hawaiians for fiscal year 1991.

4 ‘‘(b) USE OF ADDITIONAL AMOUNTS APPRO5 PRIATED.—If the amount appropriated to carry out this

6 title in a fiscal year subsequent to fiscal year 2000 exceeds

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

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

9 of the grant (if any) made under this title to a tribal orga10 nization, an Alaska Native organization, or an organiza11 tion serving Native Hawaiians for such subsequent fiscal

12 year shall be—

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

14 Secretary considers to be appropriate, in addition to

15 the amount of any increase required by subsection

16 (a), so that the grant equals or more closely ap17 proaches the amount of the grant made under title VI

18 of the Older Americans Act of 1965 to the tribal orga19 nization or the Alaska Native organization for fiscal

20 year 1980, or to the organization serving Native Ha21 waiians for fiscal year 1995, or

22 ‘‘(2) an amount the Assistant Secretary con23 siders to be sufficient if the tribal organization, the

24 Alaska Native organization, or the organization serv25 ing Native Hawaiians did not receive a grant under
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1 title VI of the Older Americans Act of 1965 for either

2 fiscal year 1980 or fiscal year 1991.

3 ‘‘SEC. 204. SURPLUS EDUCATIONAL FACILITIES.

4 ‘‘(a) REQUIREMENT.—Notwithstanding any other pro5 vision of law, the Secretary of the Interior—

6 ‘‘(1) acting through the Bureau of Indian Af7 fairs, shall make available surplus Indian educational

8 facilities and surplus Alaska Native educational fa9 cilities to tribal organizations and Alaska Native or10 ganizations, and to nonprofit organizations with the

11 approval of the Indian tribe or Alaska Native organi12 zation involved, and

13 ‘‘(2) shall make available to organizations de14 scribed in section 201(b)(3) any other surplus edu15 cational facilities located in the State of Hawaii that

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

17 for use as multipurpose senior centers. Such centers may

18 be altered so as to provide extended care facilities, commu19 nity center facilities, nutrition services, adult day care serv20 ices, child care services, and other supportive services.

21 ‘‘(b) APPLICATION.—To request to receive surplus edu22 cational facilities made available under subsection (a), a

23 tribal organization, an Alaska Native organization, or an

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

25 application to the Secretary of the Interior at such time
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1 and in such manner, and containing such information, as

2 the Secretary of the Interior determines to be necessary to

3 carry out this section.

4 ‘‘SEC. 205. ADMINISTRATION.

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

6 the Assistant Secretary shall consult with the Secretary of

7 the Interior.

8 ‘‘SEC. 206. PAYMENTS.

9 ‘‘Payments may be made under this title (after nec10 essary adjustments on account of previously made overpay11 ments or underpayments) in advance or by way of reim12 bursement in such installments and on such conditions as

13 the Assistant Secretary may determine.

14 ‘‘SEC. 207. AUTHORIZATION OF APPROPRIATIONS.

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

16 this title $18,800,000 for fiscal year 2000 and such sums

17 as may be necessary for fiscal years 2001, 2002, 2003, and

18 2004.
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1 ‘‘TITLE III—GRANTS FOR STATE

2 AND COMMUNITY PROGRAMS

3 ON AGING

4 ‘‘Subtitle A—Grants for Programs

5 on Aging

6 ‘‘CHAPTER 1—GENERAL PROVISIONS

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

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

9 may request the technical assistance and cooperation of

10 such other Federal agencies as the Assistant Secretary con11 siders to be appropriate.

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

13 ‘‘(a) ALLOTMENT OF FUNDS FOR SUPPORTIVE SERV14 ICES, MULTIPURPOSE SENIOR CENTERS, AND NUTRITION

15 SERVICES.—

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

17 subparagraphs (B), (C), and (D), the amounts appro18 priated under subsections (a), (b), and (c) of section

19 391 for fiscal years 2000 through 2004 shall be allot20 ted by the Assistant Secretary among the States pro21 portionately based on the population of individuals

22 60 years of age or older in the States.

23 ‘‘(B) Subject to subparagraph (C), the amounts

24 allotted under subparagraph (A) shall be reduced pro25 portionately to the extent necessary to increase other
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1 allotments under such subparagraph (A) to achieve

2 the following:

‘‘(i) Each State shall be allotted 1 3 ⁄2 of 1 per4 cent of the amount appropriated for the fiscal

5 year for which the determination is made.

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

United States shall each be allotted 1 7 ⁄4 of 1 per8 cent of the amount appropriated for the fiscal

9 year for which the determination is made.

10 ‘‘(iii) American Samoa and the Common11 wealth of the Northern Mariana Islands shall

each be allotted 1 12 ⁄16 of 1 percent of the amount

13 appropriated for the fiscal year for which the de14 termination is made.

15 ‘‘(C) For each fiscal year each State shall be al16 lotted an amount that is not less than the amount al17 lotted to such State under section 304(a)(1) of the

18 Older Americans Act of 1965 for fiscal year 1987.

19 ‘‘(D) For the purposes of subparagraphs (B)(i)

20 and (C), the term ‘State’ does not include Guam,

21 American Samoa, the Virgin Islands of the United

22 States, and the Commonwealth of the Northern Mar23 iana Islands.

24 ‘‘(E) The number of individuals 60 years of age

25 or older in any State and in all States shall be deter-
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1 mined by the Assistant Secretary on the basis of the

2 most recent data available from the Bureau of the

3 Census and other reliable demographic data satisfac4 tory to the Assistant Secretary.

5 ‘‘(2) WITHHOLDING OF FUNDS.—(A) If the As6 sistant Secretary finds that a State fails to qualify

7 under the State plan requirements of section 304, the

8 Assistant Secretary shall withhold from the State

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

10 for which such plan is submitted.

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

12 funds so withheld directly to any public or nonprofit

13 private institution or organization, agency, or polit14 ical subdivision of the State submitting an approved

15 plan under section 304, that includes an agreement

16 that any such funds so disbursed shall be matched in

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

18 remainder of the cost of carrying out chapters 2 and

19 3 as described in paragraph (3)(A), but not less than

20 15 percent of such cost.

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

22 State from allotments made under this subsection for

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

24 percent of the cost of carrying out chapters 2 and 3.
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1 ‘‘(B) The non-Federal share of such cost shall be

2 contributed in cash or in kind. In determining the

3 amount of the non-Federal share, the Assistant Sec4 retary may attribute fair market value to services

5 and facilities contributed from non-Federal sources.

6 ‘‘(b) ALLOTMENT OF ADDITIONAL FUNDS FOR STATE

7 LONG-TERM CARE OMBUDSMAN PROGRAMS AND FOR SERV8 ICES FOR THE PREVENTION AND REMEDIATION OF ELDER

9 ABUSE, NEGLECT, AND EXPLOITATION.—

10 ‘‘(1) POPULATION.—Amounts appropriated

11 under section 493 for a fiscal year shall be allotted by

12 the Assistant Secretary initially among the States

13 proportionately based on the population of individ14 uals 60 years of age or older in the States.

15 ‘‘(2) MINIMUM ALLOTMENTS.—

16 (A) IN GENERAL.—After making the initial

17 allotments described in paragraph (1), the As18 sistant Secretary shall adjust the allotments on

19 a pro rata basis in accordance with subpara20 graphs (B) and (C).

21 ‘‘(B) GENERAL MINIMUM ALLOTMENTS.—

22 ‘‘(i) MINIMUM ALLOTMENT FOR

23 STATES.—Each State shall be allotted not

less than 1 24 ⁄2 of 1 percent of the funds appro-
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1 priated under section 493 for the fiscal year

2 for which the determination is made.

3 ‘‘(ii) OTHER MINIMUM ALLOTMENTS.—

4 Guam and the Virgin Islands of the United

States shall each be allotted not less than 1 5 ⁄4

6 of 1 percent of the funds appropriated

7 under section 493 for the fiscal year for

8 which the determination is made. American

9 Samoa and the Commonwealth of the

10 Northern Mariana Islands shall each be allotted not less than 1 11 ⁄16 of 1 percent of the

12 amount appropriated under section 493 for

13 the fiscal year for which the determination

14 is made.

15 ‘‘(C) MINIMUM ALLOTMENTS FOR OMBUDS16 MAN PROGRAMS AND SERVICES FOR THE PRE17 VENTION OF ELDER ABUSE, NEGLECT, AND EX18 PLOITATION.—From funds appropriated under

19 section 493, each State shall be allotted not less

20 than the amount allotted to such State for fiscal

21 year 1991 under section 304 of the Older Ameri22 cans Act of 1965 to carry out State long-term

23 care ombudsman programs and programs with

24 respect to the prevention of elder abuse, neglect,

25 and exploitation, under title III of such Act.
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1 ‘‘(D) DEFINITION.—For the purposes of this

2 paragraph, the term ‘State’ does not include

3 Guam, American Samoa, the Virgin Islands of

4 the United States, and the Commonwealth of the

5 Northern Mariana Islands.

6 ‘‘(c) ALLOTMENT OF FUNDS FOR FAMILY CAREGIVER

7 SERVICES.—

8 ‘‘(1)(A) Subject to paragraph (2), amounts ap9 propriated under section 391(d) for fiscal years 2000

10 through 2004 shall be allotted by the Assistant Sec11 retary among the States proportionately based on the

12 population of individuals 70 years of age or older in

13 the States.

14 ‘‘(B) The number of individuals 70 years of age

15 or older in any State and in all States shall be deter16 mined by the Assistant Secretary on the basis of the

17 most recent data available from the Bureau of the

18 Census and other reliable demographic data satisfac19 tory to the Assistant Secretary.

20 ‘‘(2) MINIMUM ALLOTMENTS.—

21 ‘‘(A) The amounts allotted under paragraph

22 (1) shall be reduced proportionately to the extent

23 necessary to increase other allotments under such

24 paragraph to achieve the amounts described in

25 subparagraph (B).
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‘‘(B)(i) Each State shall be allotted 1 1 ⁄2 of 1

2 percent of the amount appropriated for the fiscal

3 year for which the determination is made.

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

United States shall each be allotted 1 5 ⁄4 of 1 per6 cent of the amount appropriated for the fiscal

7 year for which the determination is made.

8 ‘‘(iii) American Samoa and the Common9 wealth of the Northern Mariana Islands shall

each be allotted 1 10 ⁄16 of 1 percent of the amount

11 appropriated for the fiscal year for which the de12 termination is made.

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

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

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

16 the Commonwealth of the Northern Mariana Islands.

17 ‘‘(d) PERMITTED USE OF ALLOTMENTS.—

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

19 Except as provided in subparagraph (B), 5 percent of

20 the allotment made to a State under subsection (a) or

21 $500,000, whichever is greater, shall be available to

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

23 ‘‘(B) In the case of an allotment made under

24 subsection (a) to Guam, American Samoa, the Virgin

25 Islands of the United States, and the Commonwealth
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1 of the Northern Mariana Islands, 5 percent of such al2 lotment or $100,000, whichever is greater, shall be

3 available to each to use in accordance with section

4 306(a).

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

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

7 a particularized showing of need that—

8 ‘‘(i) the State will be unable to fully and ef9 fectively administer its State plan and to carry

10 out programs, projects, and activities authorized

11 by chapters 2 and 3 unless additional funds are

12 made available by the Assistant Secretary,

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

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

15 the personnel of the State agency and area agen16 cies designated under section 303(a)(2)(A) in the

17 administration of its State plan in accordance

18 with section 306(a), and

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

20 aging are carrying out, on a full-time basis, pro21 grams, projects, and activities that are in fur22 therance of the purpose of chapters 2 and 3,

23 then the Assistant Secretary may approve an applica24 tion submitted by the State to request permission to
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1 use in accordance with section 306(a) a greater per2 centage of its allotment under subsection (a).

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

4 Secretary may approve any part of the greater per5 centage requested in such application that the Assist6 ant Secretary determines is justified in such applica7 tion.

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

9 subsection to a particular State in any fiscal year

may not exceed 3 10 ⁄4 of 1 percent of the allotment made

11 under subsection (a) for such fiscal year.

12 ‘‘(D) An application submitted under subpara13 graph (A) by a State may not be approved unless it

14 contains assurances that no funds received by the

15 State under this subsection will be used to hire any

16 individual to fill a job opening created by the action

17 of the State in laying off or terminating the employ18 ment of any regular employee not supported under

19 this Act in anticipation of filling the vacancy so cre20 ated by hiring an employee to be supported through

21 use of amounts received under this subsection.

22 ‘‘(3) ADDITIONAL USES.—Of the allotment made

23 under subsection (a) to a State for a fiscal year and

24 remaining after the application of paragraph (1),

25 such part as the State agency determines, but not
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1 more than 10 percent of such remaining amount, may

2 be used to pay such percentage as the State agency

3 determines, but not more than 75 percent, of the ad4 ministrative costs incurred to carry out area plans

5 submitted in accordance with section 305.

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

7 ‘‘(a) ELIGIBILITY OF STATES.—For a State to be eligi8 ble to receive funds allotted under section 302(a)—

9 ‘‘(1) the State shall, in accordance with rules

10 issued by the Secretary, designate a State agency as

11 the sole State agency to—

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

13 to the Assistant Secretary for approval under

14 section 304,

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

16 State,

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

18 development, administration, coordination, pri19 ority setting, and evaluation of all State activi20 ties related to carrying out chapters 2 and 3,

21 ‘‘(D) serve as an effective and visible advo22 cate for older individuals by reviewing and com23 menting on all State plans, budgets, and policies

24 that affect older individuals, and to provide tech25 nical assistance to any agency, organization, or
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1 association representing the needs of older indi2 viduals, and

3 ‘‘(E) except as provided in subsection (d),

4 divide the State into distinct planning and serv5 ice areas or designate the entire State as a single

6 planning and service area,

7 ‘‘(2) the State agency shall—

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

9 each planning and service area,

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

11 and administration of the State plan for any fis12 cal year the views of—

13 ‘‘(i) recipients of supportive services,

14 nutrition services, or community service

15 employment, or

16 ‘‘(ii) individuals using multipurpose

17 senior centers,

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

19 ‘‘(C) after consultation with area agencies

20 and using the best available data, develop and

21 publish for review and comment a formula for

22 distribution within the State of funds received

23 under chapters 2 and 3 that takes into

24 account—
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1 ‘‘(i) the geographical distribution (in2 cluding distribution in rural areas) of older

3 individuals in the State, and

4 ‘‘(ii) the distribution among planning

5 and service areas of older individuals with

6 greatest economic need and older individ7 uals with greatest social need, with par8 ticular attention to low-income minority

9 older individuals and to older individuals

10 residing in rural areas, and

11 ‘‘(D) provide an assurance that preference

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

14 individuals with greatest social need, with par15 ticular attention to low-income minority older

16 individuals and to older individuals residing in

17 rural areas, and include in the State plan a de18 scription of the methods the State will use to

19 carry out such preference.

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

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

22 (a) shall be—

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

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

25 purpose local government, that is designated to func-
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1 tion only for the purpose of serving as an area agency

2 on aging by the chief elected official of such unit,

3 ‘‘(C) any office or agency designated by the ap4 propriate chief elected officials of any combination of

5 units of general purpose local government to act only

6 on behalf of such combination for such purpose,

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

8 a planning and service area, or any separate organi9 zational unit within such agency, that is under the

10 supervision or direction for this purpose of the des11 ignated State agency and that can and will engage

12 only in the planning or provision of a broad range

13 of supportive services, or nutrition services within the

14 planning and service area, or

15 ‘‘(E) in the case of a State designated under sub16 section (a)(1)(E) as a single planning and service

17 area, the State agency,

18 and shall provide assurance, determined adequate by the

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

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

21 or through contractual or other arrangements, a program

22 in accordance with the plan within the planning and serv23 ice area.

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

25 the planning and service area or within any unit of general
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1 purpose local government designated as a planning and

2 service area, the State shall give preference to an established

3 office on aging, unless the State agency finds that no such

4 office within the planning and service area will have the

5 capacity to carry out the area plan.

6 ‘‘(c) DUE PROCESS.—

7 ‘‘(1) ESTABLISHMENT OF PROCEDURES.—A

8 State agency shall establish, after consultation with

9 area agencies on aging, procedures to provide due

10 process to affected parties, if the State agency initi11 ates an action or proceeding to change the designation

12 of any designated planning and service area or of

13 any designated area agency on aging.

14 ‘‘(2) REQUIREMENTS.—Such procedures shall

15 include—

16 ‘‘(A) providing notice of an action or pro17 ceeding described in paragraph (1),

18 ‘‘(B) documenting the need for the action or

19 proceeding,

20 ‘‘(C) conducting a public hearing for the ac21 tion or proceeding,

22 ‘‘(D) involving area agencies on aging, serv23 ice providers, and older individuals in the action

24 or proceeding, and
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1 ‘‘(E) allowing an appeal of the decision of

2 the State agency in the action or proceeding to

3 the Assistant Secretary.

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

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

6 of the Commissioner on Aging, a single planning and serv7 ice area covering all of the older individuals in the State,

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

9 may after that date designate one or more additional plan10 ning and service areas within the State to be administered

11 by public or nonprofit private agencies or organizations as

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

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

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

15 area for which an area agency on aging has been des16 ignated.

17 ‘‘SEC. 304. STATE PLANS.

18 ‘‘(a) PLAN.—To be eligible for grants from its allot19 ment under section 302(a) for any fiscal year, each State

20 shall submit to the Assistant Secretary a State plan for a

21 2-, 3-, or 4-year period determined by the State agency,

22 with such annual revisions as are necessary. Each such

23 plan shall comply with all of the following requirements:

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

25 shall be based upon area plans developed by area
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1 agencies on aging within the State designated under

2 section 303(a)(2)(A), and the State will prepare and

3 distribute a uniform format to be used by area agen4 cies on aging to submit to the State agency the area

5 plans developed under section 305.

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

7 provide that each area agency on aging designated

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

9 the State agency for approval an area plan that com10 plies with section 305.

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

12 provide that the State agency will evaluate the need

13 for supportive services, nutrition services (taking into

14 consideration the comparative need for home-delivered

15 nutrition services and for congregate nutrition serv16 ices), multipurpose senior centers, and community

17 service employment within the State in serving eligi18 ble populations (including older individuals with

19 greatest economic need and older individuals with

20 greatest social need, with particular attention to low21 income minority older individuals and to older indi22 viduals residing in rural areas) and will determine

23 the extent to which existing public or private pro24 grams meet such need. To conduct the evaluation, the
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1 State agency shall use the procedures implemented

2 under section 112(10).

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

4 the State agency will establish a grievance procedure

5 that will afford an opportunity for a hearing upon

6 request to any area agency on aging submitting a

7 plan under section 305, to any provider of a service

8 under such a plan, or to any applicant to provide

9 a service under such a plan. The State agency shall

10 establish and publish the procedures for requesting

11 and conducting such hearing.

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

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

14 satisfactory assurance that such fiscal control and

15 fund accounting procedures will be adopted as may be

16 necessary to assure proper disbursement of, and ac17 counting for, funds received from allotments made

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

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

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

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

22 involved in the designation of the State agency

23 or an area agency on aging, or in the designa24 tion of the head of any subdivision of the State

25 agency or of an area agency on aging, is subject
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1 to a conflict of interest prohibited under this sub2 title,

3 ‘‘(ii) no officer, employee, or other rep4 resentative of the State agency or an area agency

5 on aging is subject to a conflict of interest pro6 hibited under this subtitle, and

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

8 and remove conflicts of interest prohibited under

9 this subtitle.

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

11 State agency and each area agency on aging will—

12 ‘‘(i) maintain the integrity and public pur13 pose of services provided, and service providers,

14 under the State plan in all contractual and com15 mercial relationships, and

16 ‘‘(ii) demonstrate that the quantity or qual17 ity of the services to be provided under the State

18 plan will be enhanced as a result of such con19 tract or such relationship,

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

21 The plan shall provide for establishing and maintain22 ing information and assistance services in sufficient

23 numbers to ensure, to the maximum extent prac24 ticable, that all older individuals in the State who are

25 not furnished adequate information and assistance
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1 services under section 305(a)(3) will have reasonably

2 convenient access to such services.

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

4 that no supportive services, nutrition services, or in5 home services will be directly provided by the State

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

7 the judgment of the State agency—

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

9 agency or an area agency on aging is necessary

10 to ensure an adequate supply of such services,

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

12 administrative functions of the State agency or

13 area agency on aging, or

14 ‘‘(iii) such services of comparable quality

15 can be provided more economically by the State

16 agency or area agency on aging.

17 ‘‘(B) Subparagraph (A) shall not apply with re18 spect to information and assistance services or to out19 reach.

20 ‘‘(C) Subparagraph (A) shall not apply with re21 spect to case management services provided by an

22 area agency on aging.

23 ‘‘(8) STATE LONG-TERM CARE OMBUDSMAN PRO24 GRAM.—Subject to subsection (g), the plan shall pro25 vide assurances that the State agency will carry out
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1 a State long-term care ombudsman program in ac2 cordance with subtitles B and D of title IV.

3 ‘‘(9) LEGAL ASSISTANCE.—The plan shall con4 tain assurances that with respect to legal assistance—

5 ‘‘(A) that area agencies on aging—

6 ‘‘(i) will enter into contracts with pro7 viders of legal assistance that can dem8 onstrate the experience or capacity to de9 liver legal assistance,

10 ‘‘(ii) will attempt to involve the pri11 vate bar in legal assistance activities au12 thorized under this chapter, including

13 groups within the private bar furnishing

14 services to older individuals on a pro bono

15 and reduced fee basis, and

16 ‘‘(iii) may provide, through the use of

17 qualified personnel, legal assistance related

18 to income, health care, long-term care, nu19 trition, housing, utilities, protective services,

20 guardianship, abuse neglect, and age dis21 crimination,

22 ‘‘(B) the State agency will provide for the

23 coordination of the furnishing of legal assistance

24 to older individuals in the State, will provide

25 advice and technical assistance in the provision
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1 of legal assistance to older individuals in the

2 State, and will support the furnishing of train3 ing and technical assistance for legal assistance

4 for older individuals, and

5 ‘‘(C) to the extent practicable, that legal as6 sistance furnished under the plan will be in ad7 dition to any legal assistance for older individ8 uals being furnished with funds from sources

9 other than this Act and that reasonable efforts

10 will be made to maintain existing levels of legal

11 assistance for older individuals.

12 ‘‘(10) PREVENTION AND REMEDIATION OF ELDER

13 ABUSE, NEGLECT, AND EXPLOITATION.—Subject to

14 subsection (g), and if the State elects to provide for

15 a fiscal year for services for the prevention and reme16 diation of elder abuse, neglect, and exploitation, the

17 plan shall contain assurances that such services will

18 be provided in accordance with subtitles C and D of

19 title IV.

20 ‘‘(11) OUTREACH.—The plan shall provide as21 surances that the State agency will require outreach

22 efforts that will—

23 ‘‘(A) identify individuals eligible for assist24 ance under chapters 2 and 3, with special em25 phasis on—
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1 ‘‘(i) older individuals residing in rural

2 areas,

3 ‘‘(ii) older individuals with greatest

4 economic need (with particular attention to

5 low-income minority older individuals) and

6 older individuals with greatest social need

7 (with particular attention to low-income

8 minority older individuals),

9 ‘‘(iii) older individuals with severe dis10 abilities,

11 ‘‘(iv) older individuals with limited

12 English-speaking ability, and

13 ‘‘(v) older individuals with Alzheimer’s

14 disease or related disorders with neuro15 logical and organic brain dysfunction (and

16 the caregivers of such individuals), and

17 ‘‘(B) inform the older individuals referred

18 to in clauses (i) through (v) of subparagraph

19 (A), and the caregivers of such individuals, of the

20 availability of such assistance.

21 ‘‘(12) OLDER INDIVIDUALS WITH DISABIL22 ITIES.—The plan shall provide, with respect to the

23 needs of older individuals with disabilities, assurances

24 that the State agency will coordinate planning, iden25 tification, assessment of needs, and services for older
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1 individuals with disabilities (with particular atten2 tion to individuals with severe disabilities) with the

3 State agencies with responsibility for individuals

4 with disabilities (including severe disabilities).

5 ‘‘(13) COORDINATION OF COMMUNITY-BASED

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

7 assurances that area agencies on aging will conduct

8 efforts to facilitate the coordination of community9 based long-term care services, pursuant to section

10 305(a)(5)(G), for older individuals who—

11 ‘‘(A) reside at home and are at risk of insti12 tutionalization because of limitations on their

13 ability to function independently,

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

15 risk of prolonged institutionalization, or

16 ‘‘(C) are patients in long-term care facili17 ties, but who can return to their homes if com18 munity-based services are provided to them.

19 ‘‘(14) PROHIBITION ON MISUSE OF FUNDS.—The

20 plan shall provide assurances that funds received

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

22 to pay any part of a cost (including an administra23 tive cost) incurred by the State or an area agency on

24 aging to carry out a contract or commercial relation-
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1 ship that is not related to implementation of chapter

2 2 or 3.

3 ‘‘(15) COORDINATION OF SERVICES; PROVISION

4 OF MULTIGENERATIONAL SERVICES.—The plan shall

5 provide assurances that demonstrable efforts will be

6 made—

7 ‘‘(A) to coordinate services provided under

8 chapters 2 and 3 with other State services that

9 benefit older individuals, and

10 ‘‘(B) to provide multigenerational activities,

11 such as opportunities for older individuals to

12 serve as mentors or advisers in programs that

13 provide child care, youth day care, educational

14 assistance, at-risk youth intervention, juvenile

15 delinquency treatment, and family support.

16 ‘‘(16) QUALITY ASSURANCE.—The plan shall in17 clude assurances that the State has in effect a mecha18 nism to provide for quality in the provision of serv19 ices under chapters 2 and 3.

20 ‘‘(17) VOLUNTARY CONTRIBUTIONS.—The plan

21 shall provide, after the State consults with area agen22 cies on aging and with service providers and provides

23 an opportunity for older individuals to submit com24 ments to the State, that recipients of services (exclud25 ing information and assistance services, outreach,
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1 benefits counseling, case management services, om2 budsman services, and protective services) under State

3 plans or area plans will be given an opportunity to

4 voluntarily contribute to the cost of such services.

5 ‘‘(18) SOLICITATION OF VOLUNTARY CONTRIBU6 TIONS.—The plan shall provide that the State will

7 permit area agencies on aging to permit service pro8 viders to solicit for services provided under the plan

9 voluntary contributions that—

10 ‘‘(A) are based on the ability of older indi11 viduals to make such contributions, and

12 ‘‘(B) will be used to increase, or expand ac13 cess to, services provided under the plan.

14 ‘‘(19) USE OF VOUCHERS TO OBTAIN SERV15 ICES.—(A) Subject to subparagraph (B), the plan

16 shall identify each specific supportive service and

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

18 to permit area agencies on aging to provide by

19 issuing vouchers (redeemable by the State agency or

20 area agency on aging) to older individuals to permit

21 such individuals to obtain such service.

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

23 under subparagraph (A) with respect to a nutrition

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

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

4 ‘‘(ii) an area agency on aging will be per5 mitted by the State agency to provide such serv6 ice by issuing such vouchers, only if the area

7 agency on aging is unable to provide such service

8 by contract with a service provider.

9 ‘‘(20) INFORMATION ON MEETING NEEDS.—The

10 plan shall contain information describing how the

11 State and area agencies on aging are meeting the

12 needs that older individuals have for outreach, case

13 management services, transportation services, infor14 mation and assistance services, in-home services, and

15 legal assistance.

16 ‘‘(21) INFORMATION RELATING TO RURAL

17 AREAS.—The plan shall, with respect to the fiscal

18 year preceding the fiscal year for which such plan is

19 prepared, describe the methods and difficulties in pro20 viding services to older individuals who reside in

21 rural areas (in particular, problems regarding trans22 portation and the cost of providing services).

23 ‘‘(22) SERVICES IN RURAL AREAS.—For each fis24 cal year the plan shall identify, and take into consid25 eration for purposes of allocating funds to area agen-
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1 cies on aging, the actual and projected additional

2 costs for providing services under this title, in par3 ticular the cost of providing access to such services to

4 older individuals residing in rural areas.

5 ‘‘(23) COORDINATION OF SERVICES TO BLIND

6 OLDER INDIVIDUALS.—The plan shall provide, with

7 respect to blind older individuals, that the State agen8 cy will coordinate services provided under this Act

9 with services provided under chapter 2 of title VII of

10 the Rehabilitation Act of 1973.

11 ‘‘(b) APPROVAL OF STATE PLAN.—The Assistant Sec12 retary shall approve any State plan that the Assistant Sec13 retary finds fulfills the requirements of subsection (a).

14 ‘‘(c) DISAPPROVAL OF STATE PLAN.—(1) The Assist15 ant Secretary shall not make a final determination dis16 approving any State plan, or any modification thereof, or

17 make a final determination that a State is ineligible under

18 section 303, without first affording the State reasonable no19 tice and opportunity for a hearing.

20 ‘‘(2) Not later than 30 days after such final determina21 tion, a State dissatisfied with such final determination may

22 appeal such final determination to the Secretary for review.

23 If the State timely appeals such final determination in ac24 cordance with subsection (e)(1), the Secretary shall dismiss

25 the appeal filed under this paragraph.
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1 ‘‘(3)(A) If the State is dissatisfied with the decision

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

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

4 decision and in the manner described in subsection (e).

5 ‘‘(B) For purposes of appellate review under subpara6 graph (A), a reference in subsection (e) to the Assistant Sec7 retary shall be deemed to be a reference to the Secretary.

8 ‘‘(d) NOTIFICATION OF STATE.—(1) Whenever the As9 sistant Secretary, after providing reasonable notice and op10 portunity for a hearing to the State agency, finds that—

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

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

13 no longer complies substantially with subsection (a),

14 or

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

16 a failure to comply substantially with any provision

17 of subsection (a),

18 the Assistant Secretary shall notify the State agency that

19 no further payments from its allotments under section

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

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

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

24 is satisfied that there will no longer be any failure to com25 ply. Until the Assistant Secretary is so satisfied, no further
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1 payments shall be made to the State from its allotments

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

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

4 such failure).

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

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

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

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

12 apply with respect to the use of such funds by the organiza13 tion, agency, or political subdivision that receives such

14 funds.

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

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

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

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

19 petition with such court within 30 days after such final

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

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

22 officer designated by the Assistant Secretary for such pur23 pose. The Assistant Secretary thereupon shall file in the

24 court the record of the proceedings on which the Assistant
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1 Secretary’s action is based, as provided in section 2112 of

2 title 28, United States Code.

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

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

6 or permanently, but until the filing of the record, the Assist7 ant Secretary may modify or set aside the Assistant Sec8 retary’s order. The findings of the Assistant Secretary as

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

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

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

12 and the Assistant Secretary shall, within 30 days, file in

13 the court the record of those further proceedings. Such new

14 or modified findings of fact shall likewise be conclusive if

15 supported by substantial evidence. The judgment of the

16 court affirming or setting aside, in whole or in part, any

17 action of the Assistant Secretary shall be final, subject to

18 review by the Supreme Court of the United States upon

19 certiorari or certification as provided in section 1254 of

20 title 28, United States Code.

21 ‘‘(3) The commencement of proceedings under this sub22 section shall not, unless so specifically ordered by the court,

23 operate as a stay of the Assistant Secretary’s action.

24 ‘‘(f) PRESERVATION OF ATTORNEY-CLIENT PRIVI25 LEGE.—Neither a State, nor a State agency, may require
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1 any provider of legal assistance under this chapter to reveal

2 any information that is protected by the attorney-client

3 privilege.

4 ‘‘(g) LIMITATION ON EXPENDITURES.—

5 ‘‘(1) LIMITATION.—Not more than 15 percent of

6 the allotment made under section 302(a) for a fiscal

7 year and remaining after the application of sub8 section (c)(1), may be used to carry out the State

9 long-term care ombudsman program described in sub10 section (a)(8) and legal assistance described in sub11 section (a)(9), and to provide services for the preven12 tion of elder abuse, neglect, and exploitation described

13 in subsection (a)(10).

14 ‘‘(2) WAIVER.—If the State demonstrates to the

15 satisfaction of the Assistant Secretary that the

16 amount available as a result of the application of

17 such paragraph is insufficient to satisfy the need for

18 services under the State long-term care ombudsman

19 program described in subsection (a)(8), the need for

20 legal assistance described in subsection (a)(9), and the

21 need for services to the prevent elder abuse, neglect,

22 and exploitation described in subsection (a)(10), then

23 the Assistant Secretary may grant a waiver that per24 mits the State to use an additional 5 percent of such

25 allotment to satisfy such need.
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1 ‘‘SEC. 305. AREA PLANS.

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

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

4 by the State agency, prepare and develop an area plan for

5 a planning and service area for a 2–, 3–, or 4-year period

6 determined by the State agency, with such annual adjust7 ments as may be necessary. Each such plan shall be based

8 upon a uniform format for area plans within the State.

9 Each such plan shall comply with all of the following re10 quirements:

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

12 through a comprehensive and coordinated system,

13 for—

14 ‘‘(A) supportive services, nutrition services

15 (including in-home meals and congregate nutri16 tion services), and, where appropriate, for the es17 tablishment or maintenance of multipurpose sen18 ior centers, within the planning and service area

19 covered by the plan,

20 ‘‘(B) determining the extent of need for sup21 portive services, nutrition services (taking into

22 consideration the comparative need for home-de23 livered nutrition services and congregate nutri24 tion services), and multipurpose senior centers in

25 such area (taking into consideration, among

26 other things, the number of older individuals
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1 with low incomes residing in such area (with

2 particular attention to low-income minority

3 older individuals and to older individuals resid4 ing in rural areas), the number of older individ5 uals who have greatest economic need residing in

6 such area, the number of older individuals who

7 have greatest social need residing in such area,

8 the number of older individuals residing on res9 ervations in such area, the number of older indi10 viduals who are Indians residing in such area,

11 and the efforts of voluntary organizations in the

12 community),

13 ‘‘(C) evaluating the effectiveness of the use

14 of resources in meeting such need, and

15 ‘‘(D) entering into agreements with pro16 viders of supportive services, nutrition services,

17 or multipurpose senior centers in such area, for

18 the provision of such services or centers to meet

19 such need.

20 ‘‘(2) PROMOTION OF INDEPENDENT LIVING.—The

21 plan shall promote independent living through the

22 provision of home- and community-based care, ad23 dress the nutrition and health-promotion needs of

24 older individuals, provide advocacy for and protect

25 the rights of vulnerable older individuals in both com-
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1 munity-based and institutional settings, specify ef2 forts to be undertaken to ensure the quality of sup3 portive services and nutrition services provided in

4 such settings, enhance access to services provided

5 under the plan, and encourage community participa6 tion in carrying out the plan.

7 ‘‘(3) INFORMATION AND ASSISTANCE SERVICES.—

8 The plan shall provide for the establishment and

9 maintenance of information and assistance services to

10 ensure that older individuals within the planning

11 and service area covered by the plan will have reason12 ably convenient access to such services, with par13 ticular emphasis on linking services available to iso14 lated older individuals and older individuals with

15 Alzheimer’s disease or related disorders with neuro16 logical and organic brain dysfunction (and the care17 givers of individuals with such disease or disorders).

18 ‘‘(4) SPECIFIC OBJECTIVES; OUTREACH.—(A)

19 The plan shall contain assurances that the area agen20 cy on aging will set specific objectives for providing

21 services to older individuals with greatest economic

22 need (with particular attention to low-income minor23 ity older individuals), older individuals with greatest

24 social need (with particular attention to low-income
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1 minority older individuals), and to older individuals

2 residing in rural areas.

3 ‘‘(B) The plan shall contain assurances that the

4 area agency on aging will use outreach efforts that

5 will—

6 ‘‘(i) identify individuals eligible for assist7 ance under chapters 2 and 3, with special em8 phasis on—

9 ‘‘(I) older individuals residing in rural

10 areas,

11 ‘‘(II) older individuals with greatest

12 economic need (with particular attention to

13 low-income minority older individuals) and

14 older individuals with greatest social need

15 (with particular attention to low-income

16 minority older individuals),

17 ‘‘(III) older individuals with severe

18 disabilities,

19 ‘‘(IV) older individuals with limited

20 English-speaking ability, and

21 ‘‘(V) older individuals with Alzheimer’s

22 disease or related disorders with neuro23 logical and organic brain dysfunction (and

24 the caregivers of such individuals), and
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1 ‘‘(ii) inform the older individuals referred

2 to in subclauses (I) through (V) of clause (i), and

3 the caregivers of such individuals, of the avail4 ability of such assistance.

5 ‘‘(5) TECHNICAL ASSISTANCE AND INFORMATION;

6 ADVOCACY; ADVISORY COUNCIL.—The plan shall pro7 vide that the area agency on aging will—

8 ‘‘(A) furnish appropriate technical assist9 ance, and information in a timely manner, to

10 providers of supportive services, nutrition serv11 ices, or multipurpose senior centers in the plan12 ning and service area covered by the area plan,

13 ‘‘(B) take into account in connection with

14 matters of general policy arising in the develop15 ment and administration of the area plan, the

16 views of recipients of services under such plan,

17 ‘‘(C) serve as the advocate and focal point

18 for older individuals within the community by

19 (in cooperation with agencies, organizations, and

20 individuals participating in activities under the

21 plan) monitoring, evaluating, and commenting

22 on all policies, programs, hearings, levies, and

23 community actions that will affect older individ24 uals,
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1 ‘‘(D) establish an advisory council con2 sisting of older individuals who are participants

3 or who are eligible to participate in programs

4 assisted under this title, representatives of older

5 individuals, local elected officials, providers of

6 veterans’ health care (if appropriate), and the

7 general public, to advise continuously the area

8 agency on aging on all matters relating to the

9 development of the area plan, the administration

10 of the plan and operations conducted under the

11 plan,

12 ‘‘(E) facilitate the coordination of commu13 nity-based, long-term care services designed to

14 retain individuals in their homes, thereby defer15 ring unnecessary, costly institutionalization, and

16 designed to include the development of case man17 agement services as a component of the long-term

18 care services,

19 ‘‘(F) facilitate the involvement of long-term

20 care providers in the coordination of commu21 nity-based long-term care services and work to

22 ensure community awareness of and involvement

23 in addressing the needs of residents of long-term

24 care facilities,
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1 ‘‘(G) coordinate services and activities car2 ried out under the area plan with—

3 ‘‘(i) activities of community-based or4 ganizations established for the benefit of

5 older individuals with Alzheimer’s disease

6 or related disorders with neurological and

7 organic brain dysfunction (and the families

8 of such individuals), and

9 ‘‘(ii) the mental health services pro10 vided by community health centers and by

11 other public agencies and nonprofit private

12 organizations, and

13 ‘‘(H) establish a grievance procedure for

14 older individuals who are dissatisfied with or de15 nied services under chapters 2 and 3.

16 ‘‘(6) VOLUNTEERS.—The plan shall encourage,

17 and enlist the services of, local volunteer groups to

18 provide assistance and services appropriate to the

19 unique needs of older individuals within the planning

20 and service area, including coordination with pro21 grams carried out under parts A and C of title II of

22 the Domestic Volunteer Service Act of 1973 (42

23 U.S.C. 5000 et seq.).

24 ‘‘(7) PREVENTION AND REMEDIATION OF THE

25 ABUSE, NEGLECT, OR EXPLOITATION OF OLDER INDI-
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1 VIDUALS.—If the area agency on aging elects to pro2 vide a program to prevent and to remediate the abuse,

3 neglect, or exploitation of older individuals or is re4 quired by the State agency to carry out such pro5 gram, the plan shall—

6 ‘‘(A) contain an assurance that the area

7 agency on aging will conduct such program con8 sistent with the provisions of this subtitle,

9 ‘‘(B) contain an assurance that the area

10 agency on aging will provide public education

11 and outreach to identify and prevent abuse, ne12 glect, and exploitation of older individuals,

13 ‘‘(C) contain an assurance that the area

14 agency on aging—

15 ‘‘(i) will establish procedures for re16 ceipt of reports of abuse, neglect, and exploi17 tation of older individuals, and

18 ‘‘(ii) upon receipt of a report of known

19 or suspected instances of elder abuse, ne20 glect, or exploitation, shall promptly refer

21 the reported matter to the proper authorities

22 for investigation and action consistent with

23 State law, and

24 ‘‘(D) specify such other activities that the

25 area agency determines to be beneficial in the
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1 prevention of abuse, neglect, or exploitation of

2 older individuals and intends to carry out under

3 such program.

4 ‘‘(8) DESCRIPTION OF ACTIVITIES.—The plan

5 shall—

6 ‘‘(A) describe all activities of the area agen7 cy on aging for which financial assistance is

8 provided to carry out chapters 2 and 3, and

9 ‘‘(B) contain an assurance that such activi10 ties conform with—

11 ‘‘(i) the responsibilities of the area

12 agency on aging, as set forth in this sub13 section, and

14 ‘‘(ii) the laws, rules, and policies of the

15 State in which the area agency on aging is

16 carrying out an area plan.

17 ‘‘(9) DISCLOSURE OF SOURCES AND EXPENDI18 TURES OF FUNDS.—The plan shall contain an assur19 ance that the area agency on aging will, on the re20 quest of the State and for the purpose of monitoring

21 compliance with this subtitle (including conducting

22 an audit), disclose all sources and expenditures of

23 funds such agency receives or expends to provide serv24 ices to older individuals.
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1 ‘‘(10) PROHIBITION ON MISUSE OF FUNDS.—The

2 plan shall contain assurances that funds received

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

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

6 carry out a contract or commercial relationship that

7 is not carried out to implement chapters 2 and 3.

8 ‘‘(11) PROHIBITION OF PREFERENCE.—The plan

9 shall contain assurances that preference in receiving

10 services under chapters 2 and 3 will not be given by

11 the area agency on aging to particular older individ12 uals as a result of a contract or commercial relation13 ship that is not carried out to implement such chap14 ters.

15 ‘‘(12) CASE MANAGEMENT SERVICES.—The plan

16 shall provide that case management services provided

17 under this chapter through the area agency on aging

18 will—

19 ‘‘(A) not duplicate case management serv20 ices provided through other Federal and State

21 programs,

22 ‘‘(B) be coordinated with services described

23 in subparagraph (A),

24 ‘‘(C) include provision, to consumers, of a

25 list of available service providers for appropriate
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1 care in the planning and service area served by

2 such agency,

3 ‘‘(D) be provided in a manner that—

4 ‘‘(i) gives each older individual who re5 quests services under this title a statement

6 specifying that such individual has the

7 right to make an independent choice of serv8 ice providers, and

9 ‘‘(ii) documents receipt by such indi10 vidual of such statement, and

11 ‘‘(E) be provided by—

12 ‘‘(i) a public agency,

13 ‘‘(ii) a nonprofit private agency, or

14 ‘‘(iii) directly by the area agency on

15 aging only if the area agency on aging is—

16 ‘‘(I) engaged in providing under a

17 State program services substantially

18 similar to case management services,

19 or

20 ‘‘(II) designated by the State

21 agency to provide case management

22 services directly.

23 ‘‘(13) VOLUNTARY CONTRIBUTIONS.—The plan

24 shall contain assurances consistent with the State
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1 plan provisions that satisfy the requirement specified

2 in section 304(a)(17), that service providers will—

3 ‘‘(A) be required—

4 ‘‘(i) to provide to all older individuals

5 an opportunity to voluntarily contribute to

6 the cost of services they receive under this

7 subtitle from such providers,

8 ‘‘(ii) to protect the privacy of older in9 dividuals with respect to voluntary con10 tributions described in subparagraph (A),

11 ‘‘(iii) to establish appropriate proce12 dures to safeguard and account for all such

13 contributions, and

14 ‘‘(iv) to use such contributions attrib15 utable to supportive services or nutrition

16 services to increase supportive services or

17 nutrition services, respectively,

18 ‘‘(B) be permitted—

19 ‘‘(i) to develop a suggested voluntary

20 contribution schedule based on income cat21 egories of service recipients, taking into con22 sideration the income ranges of older indi23 viduals in the community, and

24 ‘‘(ii) to furnish written information to

25 each recipient about the extent of supportive
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1 services and nutrition services provided to

2 such recipient and the actual cost of such

3 services, and

4 ‘‘(C) not be permitted—

5 ‘‘(i) to use a means test for the purpose

6 of selecting older individuals to receive such

7 services, or

8 ‘‘(ii) to refuse to provide a service to

9 an older individual because such individual

10 will not or cannot contribute to the cost of

11 such service.

12 ‘‘(14) OLDER INDIVIDUALS WITH DISABIL13 ITIES.—The plan shall provide, with respect to the

14 needs of older individuals with disabilities, assurances

15 that the area agency on aging will coordinate plan16 ning, identification, assessment of needs, and services

17 for older individuals with disabilities (with par18 ticular attention to individuals with severe disabil19 ities) with the State agency.

20 ‘‘(15) TELEPHONE LISTING.—The plan shall con21 tain an assurance that the area agency on aging will

22 list the telephone number of such agency in each tele23 phone directory that is published, by the provider of

24 local telephone service, for residents in any geo-
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1 graphical area that lies in whole or in part in the

2 service and planning area served by such agency—

3 ‘‘(A) under the name ‘Area Agency on

4 Aging’,

5 ‘‘(B) in the unclassified section of the direc6 tory, and

7 ‘‘(C) to the extent possible, in the classified

8 section of the directory, under a subject heading

9 designated by the Assistant Secretary by regula10 tion.

11 ‘‘(b) PRESERVATION OF ATTORNEY-CLIENT PRIVI12 LEGE.—An area agency on aging may not require any pro13 vider of legal assistance under this chapter to reveal any

14 information that is protected by the attorney-client privi15 lege.

16 ‘‘(c) STATE AUTHORITY TO WITHHOLD FUNDS.—(1)

17 If the head of a State agency finds that an area agency

18 on aging has failed to comply with Federal or State laws,

19 including the area plan requirements of this section, rules,

20 or policies, the State may withhold from the area agency

21 on aging a portion of the funds available under the allot22 ment made under section 302(a).

23 ‘‘(2)(A) The head of a State agency shall not make a

24 final determination withholding funds under paragraph (1)

25 without first affording the area agency on aging due process
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1 in accordance with procedures established by the State

2 agency.

3 ‘‘(B) At a minimum, such procedures shall include

4 procedures for—

5 ‘‘(i) providing notice of an action to withhold

6 funds,

7 ‘‘(ii) providing documentation of the need for

8 such action, and

9 ‘‘(iii) at the request of the area agency on aging,

10 conducting a public hearing concerning such action.

11 ‘‘(3)(A) If a State agency withholds the funds under

12 paragraphs (1) and (2), the State agency may use the funds

13 withheld to directly administer programs under chapters 2

14 and 3 in the planning and service area served by the area

15 agency on aging for a period not to exceed 180 days, except

16 as provided in subparagraph (B).

17 ‘‘(B) If the State agency determines that the area agen18 cy on aging has not taken corrective action, or if the State

19 agency does not approve the corrective action, during the

20 180-day period described in subparagraph (A), the State

21 agency may extend the period for not more than 90 days.

22 ‘‘SEC. 306. PLANNING, COORDINATION, EVALUATION, AND

23 ADMINISTRATION OF STATE PLANS.

24 ‘‘(a) GRANTS FOR STATE ACTIVITIES.—(1) Amounts

25 available to States under section 302(e)(1) may be used to
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1 make grants to States to pay such percentage as each State

2 agency determines, but not more than 75 percent, of the

3 cost of the administration of its State plan, including—

4 ‘‘(A) the preparation of the State plan,

5 ‘‘(B) the evaluation of activities carried out

6 under such plan,

7 ‘‘(C) the collection of data and the carrying out

8 of analyses related to the need for supportive services,

9 nutrition services (taking into consideration the com10 parative need for home-delivered nutrition services

11 and for congregate nutrition services), multipurpose

12 senior centers, and community service employment

13 within the State, and dissemination of information so

14 obtained,

15 ‘‘(D) the provision of short-term training to per16 sonnel of public or nonprofit private agencies and or17 ganizations engaged in the operation of programs,

18 projects, and activities authorized by chapters 2 and

19 3, and

20 ‘‘(E) and the carrying out of demonstration

21 projects of statewide significance relating to the initi22 ation, expansion, or improvement of services and ac23 tivities provided under chapters 2 and 3.

24 ‘‘(2) Any funds available to a State under subsection

25 (b) for part of the cost of the administration of its State
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1 plan that the State determines is not needed for such pur2 pose may be used by the State to supplement the amount

3 available under section 302(e)(3)(A) to cover part of the cost

4 of the administration of area plans.

5 ‘‘(3) The portion of the allotment made available under

6 section 302(e)(1) to a State for any fiscal year, that the

7 State determines will not be required by the State for such

8 year for the purposes described in paragraph (1) shall be

9 available to the State to provide services under chapter 2,

10 chapter 3, or both, in the State.

11 ‘‘(4) Any State that is designated under section

12 303(a)(1)(E) a single planning and service area covering

13 all, or substantially all, of the older individuals in the

14 State, as determined by the Assistant Secretary, may elect

15 to pay part of the costs of the administration of State and

16 area plans either out of the amount of funds received under

17 this section or out of the amount of funds made available

18 for the administration of area plans under section

19 302(e)(3)(A), but shall not pay such costs out of both such

20 amounts.

21 ‘‘(b) AUTHORITY TO TRANSFER FUNDS.—(1)(A) Not22 withstanding any other provision of this subtitle and except

23 as provided in subparagraph (B), of the funds received by

24 a State attributable to funds appropriated under sub25 sections (a) and (b) of section 391, the State (after consulta-
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1 tion with area agencies on aging and with service pro2 viders) may elect to transfer not more than 20 percent for

3 any fiscal year between programs under chapter 2 and pro4 grams under chapter 3 for use as the State considers appro5 priate. The State shall notify the Assistant Secretary of any

6 such election.

7 ‘‘(B)(i) If a State demonstrates in an application, to

8 the satisfaction of the Assistant Secretary, that funds re9 ceived by the State and attributable to funds appropriated

10 under subsections (a) and (b) of section 391, (including

11 funds transferred under subparagraph (A) without regard

12 to this subparagraph) for any fiscal year are insufficient

13 to satisfy the need for services under chapter 2 or 3, then

14 the Assistant Secretary may grant a waiver that permits

15 the State to transfer under subparagraph (A) to satisfy such

16 need an additional 25 percent of the funds so received for

17 such fiscal year.

18 ‘‘(ii) At a minimum, the application described in

19 clause (i) shall include a description of the amount to be

20 transferred, the purposes of the transfer, the need for the

21 transfer, and the impact of the transfer on the provision

22 of services from which the funding will be transferred. The

23 Assistant Secretary shall approve or deny the application

24 in writing.
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1 ‘‘(C) Notwithstanding any other provision of this sub2 title, with respect to funds received by a State and attrib3 utable to funds appropriated under paragraph (1) or (2)

4 of section 391(b), the State may elect in its plan under sec5 tion 304 regarding chapter 3, to transfer not more than

6 50 percent of the funds so received between part I and part

7 II of such chapter, for use as the State considers appro8 priate to meet the needs of the area served.

9 ‘‘(2) After consultation with service providers, a State

10 agency may delegate to an area agency on aging or any

11 other entity the authority to make a transfer under para12 graph (1).

13 ‘‘(3) The Assistant Secretary shall annually collect,

14 and include in the report required by section 117, data re15 garding the transfers described in paragraph (1),

16 including—

17 ‘‘(A) the amount of funds involved in the trans18 fers, analyzed by State, and

19 ‘‘(B) in the case of transfers described in para20 graph (1), the effect of the transfers on the provision

21 of services provided under—

22 ‘‘(i) chapter 2, and

23 ‘‘(ii) chapter 3, including the effect on the

24 number of meals served.
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1 ‘‘SEC. 307. PAYMENTS.

2 ‘‘Payments of grants, or under contracts, made under

3 chapters 2 and 3 may be made (after necessary adjustments

4 resulting from previously made overpayments or underpay5 ments) in advance or by way of reimbursement, and in such

6 installments, as the Assistant Secretary may determine.

7 ‘‘CHAPTER 2—SUPPORTIVE SERVICES AND

8 MULTIPURPOSE SENIOR CENTERS

9 ‘‘SEC. 321. PROGRAM AUTHORIZED.

10 ‘‘The Assistant Secretary shall carry out a program

11 for making grants to States under State plans approved

12 under section 304 for any of the following supportive serv13 ices that are necessary for the general welfare of older indi14 viduals:

15 ‘‘(1) Health (including mental health), education

16 and training, welfare, informational, recreational,

17 homemaker, counseling, or referral services.

18 ‘‘(2) Services designed to encourage and assist

19 older individuals to use the facilities and services (in20 cluding information and assistance services) available

21 to them, including language translation services to as22 sist older individuals with limited-English speaking

23 ability to obtain services under this chapter.

24 ‘‘(3) Services designed—

25 ‘‘(A) to assist older individuals to obtain

26 adequate housing, including residential repair
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1 and renovation projects designed to enable older

2 individuals to maintain their homes in con3 formity with minimum housing standards,

4 ‘‘(B) to adapt homes to meet the needs of

5 older individuals with disabilities,

6 ‘‘(C) to prevent unlawful entry into resi7 dences of older individuals, through the installa8 tion of security devices and through structural

9 modifications or alterations of such residences, or

10 ‘‘(D) to receive applications from older in11 dividuals for housing under section 202 of the

12 Housing Act of 1959 (12 U.S.C. 1701Q) or

13 under any federally assisted housing program

14 designed to assist older individuals.

15 ‘‘(4) Services designed to assist older individuals

16 to avoid institutionalization, and services designed to

17 assist individuals in long-term care institutions who

18 are able to return to their communities, including—

19 ‘‘(A) client assessment services, and develop20 ment and coordination of community-based serv21 ices,

22 ‘‘(B) in-home services for frail older indi23 viduals, including services for older individuals

24 with Alzheimer’s disease and related disorders
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1 with neurological and organic brain dysfunction

2 (and for families of such individuals),

3 ‘‘(C) supportive activities to meet the spe4 cial needs of caretakers, including caretakers who

5 provide in-home services to frail older individ6 uals, and

7 ‘‘(D) in-home and other community-based

8 services to assist older individuals to live inde9 pendently in a home environment, including

10 home health, homemaker, shopping, escort, read11 er, and letter-writing services.

12 ‘‘(5) Services designed to provide to older indi13 viduals information and counseling relating to mak14 ing choices offered under titles XVIII and XIX of the

15 Social Security Act (relating to Medicare and Med16 icaid), and other health care plans.

17 ‘‘(6) Services designed to provide to older indi18 viduals legal assistance and other counseling services

19 and assistance, including—

20 ‘‘(A) tax counseling and assistance, finan21 cial counseling, and counseling regarding appro22 priate health and life insurance coverage,

23 ‘‘(B) representation—

24 ‘‘(i) of individuals who are wards (or

25 are allegedly incapacitated), and
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1 ‘‘(ii) in guardianship proceedings of

2 older individuals who seek to become guard3 ians, if other adequate representation is un4 available in the proceedings, and

5 ‘‘(C) provision, to older individuals who

6 provide uncompensated care to their adult chil7 dren with disabilities, of counseling to assist

8 such older individuals with permanency plan9 ning for such children.

10 ‘‘(7) Services designed to enable older individuals

11 to attain and maintain physical and mental well12 being through programs of regular physical activity.

13 ‘‘(8) Activities designed to promote disease pre14 vention and health promotion.

15 ‘‘(9) Services designed to provide, for older indi16 viduals, preretirement counseling and assistance in

17 planning for and assessing future post-retirement

18 needs with regard to public and private insurance,

19 public benefits, lifestyle changes, relocation, legal mat20 ters, leisure time, and other appropriate matters.

21 ‘‘(10) Services of an ombudsman to receive, in22 vestigate, and act on complaints by older individuals

23 who are residents of long-term care facilities and to

24 advocate for the well-being of such individuals.
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1 ‘‘(11) Services that are designed to meet the

2 unique needs of older individuals who are disabled,

3 and of older individuals who provide uncompensated

4 care to their adult children with disabilities.

5 ‘‘(12) Services to encourage the employment of

6 older individuals, including job and second career

7 counseling and, where appropriate, job development,

8 referral, and placement.

9 ‘‘(13) Services for the prevention of abuse, ne10 glect, or exploitation of older individuals.

11 ‘‘(14) Crime prevention services and victim as12 sistance programs for older individuals.

13 ‘‘(15) Health and nutrition education services,

14 including information concerning prevention, diag15 nosis, treatment, and rehabilitation of age-related dis16 eases and chronic disabling conditions.

17 ‘‘(16) Services designed to enable mentally im18 paired older individuals to attain and maintain emo19 tional well-being and independent living through a

20 coordinated system of supportive services.

21 ‘‘(17) Services designed to provide information

22 and training for individuals who are or may become

23 guardians or representative payees of older individ24 uals, including information on the powers and duties
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1 of guardians and representative payees and on alter2 natives to guardianships.

3 ‘‘(18) Services to encourage and facilitate reg4 ular interaction between school-age children and older

5 individuals, including visits in long-term care facili6 ties, multipurpose senior centers, and other settings.

7 ‘‘(19) Services to assist in the operation of multi8 purpose senior centers.

9 ‘‘(20) Services that provide reasonable opportu10 nities for older individuals to participate on a vol11 untary basis in multigenerational activities.

12 ‘‘(21) Transportation services to facilitate access

13 to the services authorized by this subsection to be pro14 vided.

15 ‘‘(22) Any other services.

16 ‘‘CHAPTER 3—NUTRITION SERVICES

17 ‘‘PART I—CONGREGATE NUTRITION SERVICES

18 ‘‘SEC. 331. PROGRAM AUTHORIZED.

19 ‘‘The Assistant Secretary shall carry out a program

20 for making grants to States under State plans approved

21 under section 304 for the establishment and operation of

22 nutrition projects—

23 ‘‘(1) which, 5 or more days a week (except in a

24 rural area where such frequency is not feasible (as de25 fined by the Assistant Secretary by regulation) and a
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1 lesser frequency is approved by the State agency),

2 provide at least one hot or other appropriate meal per

3 day and any additional meals which the recipient of

4 a grant or contract under this subpart may elect to

5 provide,

6 ‘‘(2) which shall be provided in congregate set7 tings (including adult day care settings), and

8 ‘‘(3) which may include nutrition education

9 services and other appropriate nutrition services for

10 older individuals.

11 ‘‘PART II—HOME DELIVERED NUTRITION

12 SERVICES

13 ‘‘SEC. 334. PROGRAM AUTHORIZED.

14 ‘‘The Assistant Secretary shall carry out a program

15 for making grants to States under State plans approved

16 under section 304 for the establishment and operation of

17 nutrition projects for older individuals which, 5 or more

18 days a week (except in a rural area where such frequency

19 is not feasible (as defined by the Assistant Secretary by reg20 ulation) and a lesser frequency is approved by the State

21 agency), provide at least one home delivered hot, cold, fro22 zen, dried, canned, or supplemental foods (with a satisfac23 tory storage life) meal per day and any additional meals

24 which the recipient of a grant or contract under this sub25 part may elect to provide.
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1 ‘‘PART III—ADDITIONAL REQUIREMENTS

2 ‘‘SEC. 337. NUTRITION.

3 ‘‘A State that establishes and operates a nutrition

4 project under this chapter shall—

5 ‘‘(1) solicit the advice of a dietitian or indi6 vidual with comparable expertise in the planning of

7 nutritional services, and

8 ‘‘(2) ensure that the project—

9 ‘‘(A) provides meals that—

10 ‘‘(i) comply with the Dietary Guide11 lines for Americans, published by the Sec12 retary and the Secretary of Agriculture,

13 ‘‘(ii) provide to each participating

14 older individual—

‘‘(I) a minimum of 331 15 ⁄3 percent

16 of the daily recommended dietary al17 lowances as established by the Food

18 and Nutrition Board of the Institute of

19 Medicine of the National Academy of

20 Sciences, if the project provides 1 meal

21 per day,

‘‘(II) a minimum of 662 22 ⁄3 percent

23 of the allowances if the project provides

24 2 meals per day, and
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1 ‘‘(III) 100 percent of the allow2 ances if the project provides 3 meals

3 per day, and

4 ‘‘(iii) to the maximum extent prac5 ticable, are adjusted to meet any special di6 etary needs of program participants,

7 ‘‘(B) provides flexibility to local nutrition

8 providers in designing meals that are appealing

9 to program participants,

10 ‘‘(C) encourages providers to enter into con11 tracts that limit the amount of time meals must

12 spend in transit before they are consumed,

13 ‘‘(D) where feasible, encourages arrange14 ments with schools and other facilities serving

15 meals to children in order to promote

16 intergenerational meal programs,

17 ‘‘(E) provides that meals, other than in18 home meals, are provided in settings in as close

19 proximity to the majority of eligible older indi20 viduals’ residences as feasible,

21 ‘‘(F) ensures that meal providers carry out

22 such project with the advice of dietitians (or in23 dividuals with comparable expertise), meal par24 ticipants, and other individuals’ knowledgeable

25 with regard to the needs of older individuals,
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1 ‘‘(G) ensures that each participating area

2 agency on aging establishes procedures that allow

3 nutrition project administrators the option to

4 offer a meal, on the same basis as meals provided

5 to participating older individuals, to individuals

6 providing volunteer services during the meal

7 hours, and to individuals with disabilities who

8 reside at home with and accompany older indi9 viduals eligible under this chapter,

10 ‘‘(H) ensures that nutrition services will be

11 available to older individuals and to their

12 spouses, and may be made available to individ13 uals with disabilities who are not older individ14 uals but who reside in housing facilities occupied

15 primarily by older individuals at which con16 gregate nutrition services are provided, and

17 ‘‘(I) provide for nutrition screening and,

18 where appropriate, for nutrition education and

19 counseling.

20 ‘‘CHAPTER 4—DISASTER RELIEF

21 REIMBURSEMENTS

22 ‘‘SEC. 341. DISASTER RELIEF REIMBURSEMENTS.

23 ‘‘(a)(1) The Assistant Secretary may provide reim24 bursements to any State (or tribal organization that re25 ceives a grant under title II), upon application for such
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1 reimbursement, for funds such State (or such tribal organi2 zation) makes available to area agencies on aging in such

3 State for the delivery of supportive services (and related

4 supplies) during any major disaster declared by the Presi5 dent in accordance with the Robert T. Stafford Relief and

6 Emergency Assistance Act.

7 ‘‘(2) Total payments to all States (and tribal organiza8 tions) under paragraph (1) in any fiscal year shall not ex9 ceed .05 percent of the total amount appropriated and

10 available to carry out title III.

11 ‘‘(3) If the Assistant Secretary decides, in the 5-day

12 period beginning on the date such disaster is declared by

13 the President, to provide an amount of reimbursement

14 under paragraph (1) to a State (or tribal organization),

15 then the Assistant Secretary shall provide not less than 75

16 percent of such amount to such State (or tribal organiza17 tion) not later than 5 days after the date of such decision.

18 ‘‘(b)(1) At the beginning of each fiscal year the Assist19 ant Secretary shall set aside, for payment to States (and

20 tribal organizations) under subsection (a), an amount equal

21 to .05 percent of the total amount appropriated and avail22 able to carry out title III.

23 ‘‘(2) Amounts set aside under paragraph (1) which are

24 not obligated by the end of the third quarter of any fiscal

25 year shall be made available to carry out title III.
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1 ‘‘(c) Nothing in this section shall be construed to pro2 hibit expenditures by States (or tribal organizations) for

3 disaster relief for older individuals in excess of amounts re4 imbursable under this section, by using funds made avail5 able to them under other sections of this Act or under other

6 provisions of Federal or State law, or from private sources.

7 ‘‘Subtitle B—Disease Prevention

8 and Health Promotion Services

9 Program Authorized

10 ‘‘SEC. 351. PROGRAM AUTHORIZED.

11 ‘‘(a) The Assistant Secretary shall carry out a pro12 gram for making grants to States under State plans ap13 proved under section 304 to provide disease prevention and

14 health promotion services and information at multipurpose

15 senior centers, at congregate meal sites, through home deliv16 ered meals programs, or at other appropriate sites. In car17 rying out such program, the Assistant Secretary shall con18 sult with the Director of the Centers for Disease Control

19 and Prevention and the Director of the National Institute

20 on Aging.

21 ‘‘(b) The Assistant Secretary shall, to the extent pos22 sible, ensure that services provided by other community or23 ganizations and agencies are used to carry out the provi24 sions of this subtitle.
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1 ‘‘SEC. 352. DISTRIBUTION TO AREA AGENCIES ON AGING.

2 ‘‘The State agency shall give priority, in carrying out

3 this subtitle, to areas of the State—

4 ‘‘(1) which are medically underserved, and

5 ‘‘(2) in which there is a large number of older

6 individuals who have the greatest economic need for

7 such services.

8 ‘‘SEC. 353. DEFINITION.

9 ‘‘As used in this subtitle, the term ‘disease prevention

10 and health promotion services’ means—

11 ‘‘(1) health risk assessments,

12 ‘‘(2) routine health screening,

13 ‘‘(3) nutritional counseling and educational serv14 ices for individuals and their primary caregivers,

15 ‘‘(4) health promotion programs,

16 ‘‘(5) programs regarding physical fitness,

17 ‘‘(6) home injury control services,

18 ‘‘(7) screening for the prevention of depression,

19 coordination of community mental health services,

20 provision of educational activities, and referral to

21 psychiatric and psychological services,

22 ‘‘(8) information and outreach services relating

23 to the prevention, diagnosis, and treatment of

24 osteoporosis,

25 ‘‘(9) educational programs on the availability,

26 benefits, and appropriate use of preventive health
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1 services covered under title XVIII of the Social Secu2 rity Act (42 U.S.C. 1395 et seq.),

3 ‘‘(10) medication management screening and

4 education to prevent incorrect medication and adverse

5 drug reactions,

6 ‘‘(11) information concerning age-related dis7 eases and chronic disabling conditions,

8 ‘‘(12) gerontological counseling, and

9 ‘‘(13) counseling regarding social services and

10 followup health services based on any of the services

11 described in paragraphs (1) through (12),

12 but does not include services for which payment may be

13 made under title XVIII of the Social Security Act (42

14 U.S.C. 1395 et seq.).

15 ‘‘Subtitle C—Family Caregiver

16 Programs

17 ‘‘SEC. 361. PROGRAM AUTHORIZED.

18 ‘‘(a) IN GENERAL.—The Assistant Secretary may

19 make grants to States under State plans approved under

20 section 304 for systems of support for families and other

21 individuals who provide family caregiving services to older

22 individuals.

23 ‘‘(b) FAMILY CAREGIVER SERVICES.—A system of sup24 port for which a grant made under subsection (a) may be

25 used shall provide—
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1 ‘‘(1) information to caregivers who provide fam2 ily caregiving services to older individuals, about sup3 port services available to such caregivers,

4 ‘‘(2) assistance to such caregivers in gaining ac5 cess to such services,

6 ‘‘(3) individual counseling, organization of sup7 port groups, and training for such caregivers to help

8 families make decisions and solve problems relating to

9 their roles as caregivers who provide family

10 caregiving services to older individuals,

11 ‘‘(4) respite care to enable such caregivers to be

12 temporarily relieved from their caretaking respon13 sibilities, and

14 ‘‘(5) in-home services to complement family

15 caregiving services provided by such caregivers.

16 ‘‘(c) ELIGIBILITY.—A grant made under subsection (a)

17 may be used only for a system of support—

18 ‘‘(1) that provides for caregivers of older individ19 uals any of the support specified in paragraphs (1),

20 (2), and (3) of subsection (b),

21 ‘‘(2) that provides for caregivers of frail older in22 dividuals any of the support specified in subsection

23 (b), and

24 ‘‘(3) that gives priority for family caregiver sup25 port to older individuals and families with the great-
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1 est social need and greatest economic need, with par2 ticular attention to low-income older individuals.

3 ‘‘(d) QUALITY STANDARDS AND ACCOUNTABILITY.—

4 ‘‘(1) The State shall have in place mechanisms

5 designed to ensure the quality of services under this

6 subtitle.

7 ‘‘(2) The State shall collect data and furnish

8 records at such time and in such form as the Assist9 ant Secretary may require by rule to enable the As10 sistant Secretary—

11 ‘‘(A) to monitor—

12 ‘‘(i) systems of support for which a

13 grant made under subsection (a) is used,

14 and

15 ‘‘(ii) compliance with this subtitle, and

16 ‘‘(B) to compare the effectiveness of such

17 systems.

18 ‘‘(3) The State shall report to the Assistant Sec19 retary on the data and information required under

20 paragraph (2), including the services and activities

21 funded under this subtitle, and standards and meth22 ods by which the quality of services shall be assured.

23 ‘‘(e) STATE OPTION FOR COST SHARING.—

24 ‘‘(1) IN GENERAL.—A State may elect to require

25 cost sharing under this subtitle for services described
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1 in paragraphs (4) and (5) of subsection (b) (and may

2 elect to require or permit area agencies on aging to

3 require cost sharing by recipients of such services

4 under area plans), except that—

5 ‘‘(A) individuals whose income does not ex6 ceed the poverty line shall be exempt from re7 quired cost-sharing, and

8 ‘‘(B) cost-sharing rates for individuals

9 whose income exceeds the poverty line may be es10 tablished only on a sliding-fee scale based on in11 come and shall not be effective unless and until

12 approved under paragraph (2).

13 ‘‘(2) ASSISTANT SECRETARY APPROVAL.—The

14 Assistant Secretary may approve cost-sharing rates

15 established in accordance with paragraph (1)(B).

16 ‘‘(3) INCOME DETERMINATIONS.—For purposes of

17 this subtitle, the income of an older individual shall

18 be determined by self-declaration.

19 ‘‘(4) INABILITY TO PAY COST.—An older indi20 vidual will not be denied a service under this subtitle

21 because of the inability of such individual to pay a

22 share of the cost of such service.

23 ‘‘(f) COORDINATION WITH SERVICE PROVIDERS.—In

24 carrying out this subtitle, each area agency on aging shall

25 coordinate with other community agencies and voluntary
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1 organizations that provide the types of services provided by

2 systems for which grants are made under subsection (a).

3 ‘‘(g) LIMITATION ON USE OF FUNDS.—

4 ‘‘(1) USE OF GRANT.—A grant made under sub5 section (a) may not be used to pay more than 75 per6 cent of the cost of the system of support for which

7 such grant is made.

8 ‘‘(2) MATCHING FUNDS.—Not more than 75 per9 cent of the cost of such system may be paid funds

10 from Federal sources and from funds received from

11 cost sharing in effect under subsection (e), in the ag12 gregate.

13 ‘‘Subtitle D—Authorization of

14 Appropriations

15 ‘‘SEC. 391. AUTHORIZATION OF APPROPRIATIONS.

16 ‘‘(a) SUPPORTIVE SERVICES AND MULTIPURPOSE SEN17 IOR CENTERS.—There are authorized to be appropriated to

18 carry out chapter 2 of subtitle A $306,200,000 for fiscal

19 year 2000 and such sums as may be necessary for years

20 fiscal 2001, 2002, 2003, and 2004.

21 ‘‘(b) NUTRITION SERVICES.—

22 ‘‘(1) CONGREGATE NUTRITION SERVICES.—There

23 are authorized to be appropriated to carry out part

24 I of chapter 3 of subtitle A $381,700,000 for fiscal
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1 year 2000 and such sums as may be necessary for fis2 cal years 2001, 2002, 2003, and 2004.

3 ‘‘(2) HOME DELIVERED NUTRITION SERVICES.—

4 There are authorized to be appropriated to carry out

5 part II of chapter 3 of subtitle A $114,200,000 for fis6 cal year 2000 and such sums as may be necessary for

7 fiscal years 2001, 2002, 2003, and 2004.

8 ‘‘(c) DISEASE PREVENTION AND HEALTH PROMOTION

9 SERVICES PROGRAM AUTHORIZED.—There are authorized

10 to be appropriated to carry out subtitle B $16,400,000 for

11 fiscal year 2000 and such sums as may be necessary for

12 fiscal years 2001, 2002, 2003, and 2004.

13 ‘‘(d) FAMILY CAREGIVER SUPPORT PROGRAM.—There

14 is authorized to be appropriated to carry out subtitle C—

15 ‘‘(1) $125,000,000 for fiscal year 2000 if the ag16 gregate amount appropriated under subsections (a)

17 and (b) of this section for fiscal year 2000 is not less

18 than the aggregate amount appropriated under sub19 sections (a) and (b) of section 303 of the Older Ameri20 cans Act of 1965 for fiscal year 1999, and

21 ‘‘(2) such sums as may be necessary for fiscal

22 years 2001, 2002, 2003, and 2004 if the aggregate

23 amount appropriated under subsections (a) and (b) of

24 this section for the particular fiscal year involved is
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1 not less than the aggregate amount appropriated

2 under such subsections for the preceding fiscal year.

3 ‘‘SEC. 392. ADDITIONAL FUNDS AVAILABLE FOR NUTRITION

4 SERVICES.

5 ‘‘(a) FUNDS AVAILABLE.—In addition to the amount

6 appropriated under section 391(b), and to provide nutrition

7 services under subtitle A and title II for each of the fiscal

8 years 2000, 2001, 2002, 2003, and 2004, the amount appro9 priated under subsection (e) for such fiscal year shall be

10 made available to the Assistant Secretary by the Secretary

11 of Agriculture.

12 ‘‘(b) DIVISION OF FUNDS.—The Assistant Secretary

13 shall divide the funds made available under subsection (a)

14 so that—

15 ‘‘(1) 98.9 percent of such funds is allotted in ac16 cordance with subsection (c) to provide nutrition serv17 ices under subtitle A, and

18 ‘‘(2) the balance is available to make grants

19 under title II to provide nutrition services.

20 ‘‘(c) ALLOTMENTS BASED ON MEALS SERVED.—

21 ‘‘(1) IN GENERAL.—The Secretary shall allot and

22 pay, to each State agency with a plan approved

23 under this title for a fiscal year, and to each tribal

24 organization with an application approved under sec25 tion 202 for such fiscal year, an amount bearing the
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1 same ratio to the total amount appropriated for such

2 fiscal year under subsection (e) as the number of

3 meals served in the State, under such plan approved

4 for the preceding fiscal year (or the number of meals

5 served by the tribal organization, under such applica6 tion approved for such preceding fiscal year), bears

7 to the total number of such meals served in all States

8 and by all tribal organizations under all such plans

9 and applications approved for such preceding fiscal

10 year.

11 ‘‘(2) CALCULATION OF ALLOTMENT FOR CERTAIN

12 TRIBAL ORGANIZATIONS.—For purposes of paragraph

13 (1), in the case of a tribal organization that has a

14 plan approved under section 202 for a fiscal year but

15 that did not receive assistance under this section for

16 the preceding fiscal year, the number of meals served

17 by the tribal organization in the preceding fiscal year

18 shall be deemed to equal the number of meals that the

19 Assistant Secretary estimates will be served by the

20 tribal organization in the current fiscal year.

21 ‘‘(d) ELECTION TO RECEIVE COMMODITIES IN LIEU

22 OF CASH.—

23 ‘‘(1) ELECTION.—A State to which funds are al24 lotted under subsection (b)(1), or a recipient of a

25 grant referred to in subsection (b)(2), may elect to re-
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1 ceive commodities in lieu of all or part of such funds

2 or of such grant.

3 ‘‘(2) PURCHASE OF COMMODITIES FROM THE

4 SECRETARY OF AGRICULTURE.—If a State or grant

5 recipient makes a timely election under paragraph

6 (1), the Assistant Secretary shall use the amount of

7 such funds designated by the State, or of such grant

8 designated by the grant recipient, to purchase com9 modities from the Secretary of Agriculture and to

10 make such commodities available to the State or

11 grant recipient.

12 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are

13 authorized to be appropriated to carry out this section

14 $150,000,000 for fiscal year 2000 and such sums as may

15 be necessary for fiscal years 2001, 2002, 2003, and 2004.
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1 ‘‘TITLE IV—STATE LONG-TERM

2 CARE OMBUDSMAN PRO3 GRAMS; SERVICES FOR THE

4 PREVENTION AND REMEDI5 ATION OF ELDER ABUSE, NE6 GLECT, AND EXPLOITATION

7 ‘‘Subtitle A—Use of Additional

8 Allotments

9 ‘‘SEC. 401. USE OF ALLOTMENTS.

10 ‘‘Funds allotted under section 302(b) shall be made

11 available for a fiscal year to States that receive funds from

12 allotments made under section 302(a) for such fiscal year

13 and that agree to use funds received under this section—

14 ‘‘(1) to carry out a State long-term care ombuds15 man program that complies with the requirements of

16 subtitles B and D,

17 ‘‘(2) to provide, through the State agency and in

18 consultation with area agencies on aging, services for

19 the prevention and remediation of elder abuse, ne20 glect, and exploitation and that comply with the re21 quirements of subtitles C and D, or

22 ‘‘(3) both to carry out the program described in

23 paragraph (1) and to provide the services described in

24 paragraph (2).
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1 ‘‘Subtitle B—State Long-Term Care

2 Ombudsman Program

3 ‘‘SEC. 421. REQUIREMENTS APPLICABLE TO STATE LONG4 TERM CARE OMBUDSMAN PROGRAM.

5 ‘‘To carry out a State long-term care ombudsman pro6 gram for which funds received from allotments made under

7 subsections (a) and (b) of section 302 may be used, a State

8 shall comply with all of the following:

9 ‘‘(1) DUTIES.—The State agency shall provide

10 services—

11 ‘‘(A) to identify, to investigate, and to re12 solve complaints that—

13 ‘‘(i) are made by or on behalf of older

14 individuals who are residents of long-term

15 care facilities, and

16 ‘‘(ii) relate to action, inaction, or deci17 sions that may adversely affect the health,

18 safety, welfare, or rights of such residents

19 (including the welfare and rights of such

20 residents with respect to the appointment

21 and activities of guardians and representa22 tive payees), of providers (or representatives

23 of providers) of long-term care services, pub24 lic agencies, or health and social service

25 agencies,
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1 ‘‘(B) provide services to assist such residents

2 in protecting the health, safety, welfare, and

3 rights of such residents,

4 ‘‘(C) inform such residents about means of

5 obtaining services provided by providers or agen6 cies described in subparagraph (A)(ii) or services

7 described in subparagraph (A),

8 ‘‘(D) ensure that such residents have regular

9 and timely access to the services provided

10 through the State long-term care ombudsman

11 program and that such residents and complain12 ants receive from program representatives of the

13 State agency timely responses to complaints,

14 ‘‘(E) represent the interests of such residents

15 before governmental agencies and seek adminis16 trative, legal, and other remedies to protect the

17 health, safety, welfare, and rights of the resi18 dents,

19 ‘‘(F) provide administrative and technical

20 assistance to entities designated under para21 graph (6) to assist the entities in participating

22 in the program,

23 ‘‘(G) analyze, comment on, and monitor the

24 development and implementation of Federal,

25 State, and local laws, rules, and other govern-
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1 mental policies and actions, that pertain to the

2 health, safety, welfare, and rights of the resi3 dents, with respect to the adequacy of long-term

4 care facilities and services in the State,

5 ‘‘(H) provide for training program rep6 resentatives of the State agency, and

7 ‘‘(I) carry out such other activities as the

8 State agency determines to be appropriate.

9 ‘‘(2) CONTRACTS AND ARRANGEMENTS.—(A) Ex10 cept as provided in subparagraph (B), the State agen11 cy may carry out the State long-term care ombuds12 man program, directly, or by contract or other ar13 rangement with any public agency or nonprofit pri14 vate organization.

15 ‘‘(B) For purposes of subparagraph (A), the

16 State agency may not enter into a contract or other

17 arrangement with—

18 ‘‘(i) an agency or organization that is re19 sponsible for licensing or certifying long-term

20 care services in the State, or

21 ‘‘(ii) an association (or an affiliate of such

22 an association) of long-term care facilities, or of

23 any other residential facilities for older individ24 uals.
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1 ‘‘(3) DESIGNATION OF LOCAL OMBUDSMAN ENTI2 TIES AND REPRESENTATIVES.—(A) In carrying out

3 the duties specified in paragraph (1), the State agen4 cy may designate an entity as a local ombudsman en5 tity, and may designate an individual (including an

6 employee or volunteer) to represent the entity.

7 ‘‘(B) An individual so designated may, in ac8 cordance with the policies and procedures established

9 by the State agency—

10 ‘‘(i) provide services to protect the health,

11 safety, welfare, and rights of older individuals

12 who are residents of long-term care facilities,

13 ‘‘(ii) ensure that residents in the service

14 area of the entity have regular, timely access to

15 representatives of the State long-term care om16 budsman program and timely responses to com17 plaints and requests for assistance,

18 ‘‘(iii) identify, investigate, and resolve com19 plaints made by or on behalf of such residents

20 that relate to action, inaction, or decisions, that

21 may adversely affect the health, safety, welfare,

22 or rights of such residents,

23 ‘‘(iv) represent the interests of such residents

24 before government agencies and seek administra25 tive, legal, and other remedies to protect the
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1 health, safety, welfare, and rights of such resi2 dents,

3 ‘‘(v) review, and if necessary, comment on

4 existing and proposed laws, rules, and other gov5 ernment policies and actions, that pertain to the

6 rights and well-being of such residents,

7 ‘‘(vi) facilitate the ability of the public to

8 comment on such laws, rules, policies, and ac9 tions,

10 ‘‘(vii) support the development of resident

11 and family councils, and

12 ‘‘(viii) carry out other activities that the

13 State agency determines to be appropriate.

14 ‘‘(C)(i) The State agency shall establish policies

15 and procedures for monitoring local ombudsman enti16 ties designated to carry out the duties specified in

17 paragraph (1).

18 ‘‘(ii) If the entities are grantees, or the represent19 atives are employees, of area agencies on aging, the

20 State agency shall develop such policies after con21 sultation with such area agencies on aging. Such

22 policies shall provide for participation and comment

23 by such area agencies on aging and for resolution of

24 concerns with respect to case activity.
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1 ‘‘(iii) The State agency shall develop the policies

2 and procedures in accordance with all provisions of

3 this subtitle regarding confidentiality and conflict of

4 interest.

5 ‘‘(4) PROCEDURES FOR ACCESS.—The State shall

6 ensure, and shall establish procedures that ensure,

7 that program representatives of the State agency shall

8 have—

9 ‘‘(A) access to long-term care facilities and

10 residents,

11 ‘‘(B)(i) appropriate access to review the

12 medical and social records of a resident, if the

13 program representative involved has the permis14 sion of the resident (or the legal representative of

15 the resident), or the resident is unable to consent

16 to the review and has no legal representative, or

17 ‘‘(ii) access to such records as is necessary

18 to investigate a complaint if a legal guardian of

19 the resident refuses to give the permission, a pro20 gram representative of the State agency has rea21 sonable cause to believe that the guardian is not

22 acting in the best interests of the resident, and

23 the program representative obtains the approval

24 of the State agency,
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1 ‘‘(C) access to the administrative records,

2 policies, and documents, to which the residents

3 have or the general public has access, of long4 term care facilities, and

5 ‘‘(D) access to and, on request, copies of all

6 licensing and certification records maintained by

7 the State with respect to long-term care facilities.

8 ‘‘(5) REPORTING SYSTEM.—The State agency

9 shall collect and analyze data relating to complaints

10 and conditions in long-term care facilities and to

11 older individuals who are residents of long-term care

12 facilities, for the purpose of identifying and resolving

13 significant problems.

14 ‘‘(6) DISCLOSURE.—(A) The State agency shall

15 establish procedures for the disclosure by the State

16 agency or local ombudsman entities of files main17 tained by the State long-term care ombudsman pro18 gram, including records and data described in para19 graphs (4) and (5).

20 ‘‘(B) The procedures described in subparagraph

21 (A) shall provide that, the files and records described

22 in subparagraph (A) may be disclosed only at the dis23 cretion of the State agency. The procedures described

24 in subparagraph (A) shall prohibit the disclosure of

25 the identity of any complainant, or resident of a
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1 long-term care facility, with respect to whom the

2 State agency maintains such files or records unless—

3 ‘‘(i) the complainant or resident, or the

4 legal representative of the complainant or resi5 dent, consents to the disclosure and the consent

6 is given in writing,

7 ‘‘(ii) the complainant or resident gives con8 sent orally and the consent is documented con9 temporaneously in writing made by a program

10 representative of the State agency in accordance

11 with such requirements as the State agency shall

12 establish, or

13 ‘‘(iii) the disclosure is required by court

14 order.

15 ‘‘(7) CONSULTATION.—In planning and oper16 ating the State long-term care ombudsman program,

17 the State agency shall consider the views of area

18 agencies on aging, older individuals, and providers of

19 long-term care.

20 ‘‘(8) CONFLICT OF INTEREST.—The State agency

21 shall develop procedures to prevent conflicts of interest

22 with respect to individuals and entities that carry out

23 activities under the State long-term care ombudsman

24 program.
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1 ‘‘(9) LEGAL COUNSEL.—The State agency shall

2 ensure that—

3 ‘‘(A)(i) adequate legal counsel is available

4 and able to provide advice and consultation

5 needed to protect the health, safety, welfare, and

6 rights of older individuals who are residents of

7 long-term care facilities, and to assist the pro8 gram representatives of the State agency in the

9 performance of the official duties of the State

10 agency, and

11 ‘‘(ii) legal representation is provided to any

12 program representative of the State agency

13 against whom suit or other legal action is

14 brought or threatened to be brought in connection

15 with the performance of the official duties of the

16 State agency or such a representative, and

17 ‘‘(B) the State agency pursues administra18 tive, legal, and other appropriate remedies on be19 half of such residents.

20 ‘‘(10) LIABILITY.—The State shall ensure that no

21 program representative of the State agency will be

22 liable under State law for the good faith performance

23 of official duties.

24 ‘‘(11) NONINTERFERENCE.—The State shall—
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1 ‘‘(A) ensure that willful interference with

2 the State agency in the performance of the offi3 cial duties under the State long-term care om4 budsman program shall be unlawful,

5 ‘‘(B) prohibit retaliation and reprisals by a

6 long-term care facility or other entity with re7 spect to any resident, employee, or other person

8 for filing a complaint with, providing informa9 tion to, or otherwise cooperating with any rep10 resentative of, the State agency, and

11 ‘‘(C) provide for appropriate sanctions with

12 respect to such interference and such retaliation

13 and reprisals.

14 ‘‘Subtitle C—Prevention and Reme15 diation of Elder Abuse, Neglect,

16 and Exploitation

17 ‘‘SEC. 441. REQUIREMENTS APPLICABLE TO PROVIDING

18 SERVICES TO PREVENT AND TO REMEDIATE

19 ELDER ABUSE, NEGLECT, AND EXPLOI20 TATION.

21 ‘‘To provide services to prevent and to remediate elder

22 abuse, neglect, and exploitation, for which funds received

23 from allotments made under sections 302(a) and 302(b)

24 may be used, a State shall include in the State plan re25 quired by section 304 all of the following:
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1 ‘‘(1) IMMUNITY.—An assurance that the State

2 has in effect laws relating to elder abuse, neglect, and

3 exploitation that include provisions for immunity for

4 persons who report, in good faith, instances of elder

5 abuse, neglect, and exploitation, from prosecution

6 under any State or local law arising out of such re7 porting.

8 ‘‘(2) TRAINING.—An assurance that individuals

9 who provide services to prevent and to remediate elder

10 abuse, neglect, and exploitation are trained to effec11 tively deal with such reported instances.

12 ‘‘(3) PROHIBITION OF INVOLUNTARY PARTICIPA13 TION.—An assurance that involuntary or coerced par14 ticipation in services provided under this subtitle by

15 alleged victims, abusers, or members of their house16 holds will not be permitted.

17 ‘‘(4) CONFLICT OF INTEREST.—An assurance

18 that the State requires all information gathered in the

19 course of receiving reports on instances of, and of

20 making referrals relating to elder abuse, neglect, and

21 exploitation remain confidential—

22 ‘‘(A) unless all parties to such complaint

23 consent in writing to the release of such informa24 tion,
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1 ‘‘(B) unless the release of such information

2 is to a law enforcement agency, public protective

3 service agency, licensing or certification agency,

4 ombudsman program, or protection or advocacy

5 system, or

6 ‘‘(C) except upon court order.

7 ‘‘(5) CONFLICTS WITH OTHER AGENCIES.—An

8 assurance that the State agency will make all reason9 able efforts to resolve any conflicts with other public

10 agencies with respect to confidentiality of the infor11 mation described in paragraph (4).

12 ‘‘(6) COORDINATION.—An assurance that the

13 State agency will coordinate its services under this

14 subtitle with law enforcement officials, courts of com15 petent jurisdiction, and other relevant State and local

16 programs, including area agencies on aging and

17 agencies that administer adult protective services,

18 medicaid fraud and abuse services (including services

19 provided by a State Medicaid fraud control unit, as

20 defined in section 1903(q) of the Social Security Act

21 (42 U.S.C. 1396b(q)), and victim assistance pro22 grams.

23 ‘‘(7) PARTICIPATION IN DECISIONS.—An assur24 ance that older individuals participate in decisions

25 regarding their welfare.
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1 ‘‘(8) OTHER ACTIVITIES.—A description of other

2 activities that the State agency determines to be bene3 ficial in the prevention and remediation of abuse, ne4 glect, or exploitation of older individuals and intends

5 to carry out under this subtitle.

6 ‘‘SEC. 442. MANNER OF PROVIDING OF SERVICES.

7 ‘‘The State agency may provide services under section

8 441 to prevent and to remediate elder abuse, neglect, and

9 exploitation either directly or through contracts or agree10 ments with public or nonprofit private agencies or organi11 zations, including—

12 ‘‘(1) other State entities,

13 ‘‘(2) area agencies on aging,

14 ‘‘(3) political subdivisions of the State,

15 ‘‘(4) institutions of higher education,

16 ‘‘(5) tribal organizations and Alaska Native or17 ganizations, and

18 ‘‘(6) nonprofit service providers or volunteer or19 ganizations.

20 ‘‘Subtitle D—Administrative Provi21 sions; Authorizations of Appro22 priations

23 ‘‘SEC. 491. TECHNICAL ASSISTANCE.

24 ‘‘(a) OTHER AGENCIES.—In carrying out this title, the

25 Assistant Secretary may request the technical assistance
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1 and cooperation of such Federal entities as may be appro2 priate.

3 ‘‘(b) ASSISTANT SECRETARY.—The Assistant Sec4 retary shall provide technical assistance and training (by

5 contract, grant, or otherwise) to individuals and entities

6 that administer activities carried out in accordance with

7 subtitle B or C.

8 ‘‘SEC. 492. AUDITS.

9 ‘‘(a) ACCESS.—The Assistant Secretary, the Comp10 troller General of the United States, and any duly author11 ized representative of the Assistant Secretary or the Comp12 troller shall have access, for the purpose of conducting an

13 audit or examination, to any books, documents, papers, and

14 records that are pertinent to financial assistance received

15 to carry out subtitle B or C.

16 ‘‘(b) LIMITATION.—In carrying out subtitles B and C,

17 State agencies and area agencies on aging shall not request

18 information or data from providers that is not pertinent

19 to services furnished under such subtitles or to a payment

20 made for the services provided under such subtitles.

21 ‘‘SEC. 493. AUTHORIZATIONS OF APPROPRIATIONS.

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

23 this title $12,400,000 for fiscal year 2000 and such sums

24 as may be necessary for fiscal years 2001, 2002, 2003, and

25 2004.
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1 ‘‘TITLE V—COMMUNITY SERVICE

2 EMPLOYMENT FOR OLDER

3 AMERICANS

4 ‘‘SEC. 501. SHORT TITLE.

5 ‘‘This title may be cited as the ‘Older American Com6 munity Service Employment Act of 1999’.

7 ‘‘SEC. 502. ALLOTMENT AND RESERVATION OF FUNDS FOR

8 COMMUNITY SERVICE EMPLOYMENT.

9 ‘‘(a) ALLOTMENT OF FUNDS FOR FISCAL YEARS 2000–

10 2004.—

11 ‘‘(1) BASE ALLOTMENT.—The amount appro12 priated under section 506 for each of the fiscal years

13 2000 through 2004 shall be allotted by the Secretary

14 of Labor with respect to the States as follows:

15 ‘‘(A) For each of the fiscal years 2000,

16 2001, 2002, 2003, and 2004 such amount appro17 priated for such fiscal year, to the extent such

18 amount does not exceed the aggregate amount the

19 Secretary reserved under section 506(a)(1)(A) of

20 the Older Americans Act of 1965 to carry out

21 title V of such Act for fiscal year 1999, shall be

22 allotted with respect to the States proportion23 ately based on the sum of the respective shares of

24 such aggregate amount expended in the States to

25 carry out such title for such fiscal year.
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1 ‘‘(B) If such amount appropriated for any

2 of such fiscal years exceeds such aggregate

3 amount, the excess amount shall be allotted in

4 accordance with paragraph (2).

5 ‘‘(2) ALLOTMENTS BASED ON AGE AND PER CAP6 ITA INCOME.—Each amount referred to in paragraph

7 (1)(B) shall be allotted as follows:

8 ‘‘(A) Subject to subparagraph (B), with re9 spect to each State there shall be allotted the

10 amount that bears the same ratio to the amount

11 so referred to as the product of the number of in12 dividuals 55 years of age or older in the State

13 and the allotment percentage of the State bears

14 to the sum of the corresponding products for all

15 the States.

16 ‘‘(B) The amounts allotted under subpara17 graph (A) shall be reduced proportionately to the

18 extent necessary to increase other allotments

19 under such subparagraph to achieve the fol20 lowing:

21 ‘‘(i) With respect to each State there

shall be allotted 1 22 ⁄2 of 1 percent of the

23 amount appropriated for the fiscal year for

24 which the determination is made.
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1 ‘‘(ii) With respect to each of Guam,

2 American Samoa, the Virgin Islands of the

3 United States, and the Commonwealth of

4 the Northern Mariana Islands there shall be

allotted not less than 1 5 ⁄4 of 1 percent of the

6 amount appropriated for the fiscal year for

7 which the determination is made or

8 $50,000, whichever is greater.

9 ‘‘(3) ALLOTMENT PERCENTAGE.—For purposes of

10 paragraph (2)(A)—

11 ‘‘(A) except as provided in subparagraph

12 (B), the allotment percentage of each State shall

13 be 100 percent less that percentage which bears

14 the same ratio to 50 percent as the per capita

15 income of the State bears to the aggregate per

16 capita income of all the States, except that the

17 allotment percentage shall be not more than 75

percent and not less than 331 18 ⁄3 percent, and

19 ‘‘(B) the allotment percentage for the Dis20 trict of Columbia, the Commonwealth of Puerto

21 Rico, Guam, American Samoa, the Virgin Is22 lands of the United States, and the Common23 wealth of the Northern Mariana Islands shall be

24 75 percent.
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1 ‘‘(4) LIMITATION.—For purposes of paragraphs

2 (2)(B)(i) and (3)(A), the term ‘State’ does not include

3 Guam, American Samoa, the Virgin Islands of the

4 United States, or Commonwealth of the Northern

5 Mariana Islands.

6 ‘‘(5) POPULATION AND PER CAPITA INCOME DE7 TERMINATIONS.—For purposes of this subsection, the

8 number of individuals 55 years of age or older in

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

10 shall be determined by the Secretary on the basis of

11 the most satisfactory data available to the Secretary.

12 ‘‘(b) RESERVATION OF ALLOTTED FUNDS.—Subject to

13 subsection (c), the Secretary shall reserve funds allotted

14 under subsection (a) as follows:

Allotment with Respect to

the State for Fiscal Year:

Percent of Allotment Reserved

for Grants to National Organizations to Carry Out

Projects in the State:

Percent of Allotment Reserved for

Grants to the

State:

2000 73.4 26.6

2001 68.8 31.2

2002 64.2 35.8

2003 59.6 40.4

2004 55 45.

15 ‘‘(c) PENALTY ADJUSTMENT TO RESERVED

16 AMOUNTS.—(1) If the recipient of a grant under section

17 503(a)(1) fails (directly or through the operation of projects

18 carried out under agreements made under section 503(b)

19 by such recipient) in a fiscal year to comply with the re20 quirements of this title or fails to substantially meet the

21 applicable performance standards in effect under section
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1 503(h), then the Secretary may, in the discretion of the Sec2 retary, reduce the amount of the grant such recipient would

3 receive under section 503(a)(1) in the succeeding fiscal year

4 but for the operation of this subsection, by an amount, based

5 on the extent of the failure but not to exceed 15 percent

6 of such grant for such succeeding fiscal year, and—

7 ‘‘(A) if such recipient is a State, may make the

8 amount of the reduction in such grant available to

9 make grants under section 503(a)(1) to eligible orga10 nizations to carry out projects in such State, or

11 ‘‘(B) if such recipient is an organization, may

12 make the amount of the reduction in such grant

13 available to make grants under section 503(a)(1) to—

14 ‘‘(i) the State in which such recipient car15 ried out the project that is the basis of the reduc16 tion, or

17 ‘‘(ii) other eligible organizations to carry

18 out projects in the State referred to in clause (i).

19 ‘‘(2) If the recipient of a grant under section 503(a)(1)

20 fails in 3 consecutive fiscal years (directly or through the

21 operation of projects carried out under agreements made

22 under section 503(b) by such recipient) to comply with the

23 requirements of this title or to substantially meet the appli24 cable performance standards in effect under section 503(h),

25 then the Secretary shall make the applicable reduction de-
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1 scribed in paragraph (1) and may make the amount of such

2 reduction available to make grants in accordance with sub3 paragraphs (A) and (B) of such paragraph.

4 ‘‘(3) In making any reduction under paragraph (1)

5 or (2), the Secretary shall ensure, to the maximum extent

6 practicable, that older individuals who were employed im7 mediately before such reduction is made, in projects for

8 which the reduced grant will be used shall continue to be

9 employed in projects for which agreements are made under

10 section 503(b) for such succeeding fiscal year.

11 ‘‘SEC. 503. OLDER AMERICAN COMMUNITY SERVICE EM12 PLOYMENT PROGRAM.

13 ‘‘(a) AUTHORITY FOR PROGRAM.—(1) With funds re14 served under section 502(b), the Secretary shall make grants

15 to eligible States, and on a competitive basis taking into

16 account performance reports submitted under subsection (j)

17 or other information relating to past performance similar

18 to performance of the kind described in such reports, to pub19 lic and nonprofit private national organizations, for the

20 purpose of providing to unemployed low-income older indi21 viduals who have poor employment prospects, employment

22 opportunities in providing community services.

23 ‘‘(2)(A)(i) Subject to clause (ii), not less than 85 per24 cent of each grant made under paragraph (1), and not less

25 than 85 percent of the funds received by an entity under
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1 each agreement made under subsection (b), shall be used to

2 pay wages and benefits for older individuals who are em3 ployed under agreements made under subsection (b).

4 ‘‘(ii) On the request of the recipient of such grant and

5 based on information submitted to the Secretary by such

6 applicant, the Secretary may waive the requirement speci7 fied in clause (i) applicable to entities that make agree8 ments under subsection (b) with such applicant, so as to

9 permit such applicant to allow any of such entities to use

10 not more than 5 percent (in the aggregate) of the funds re11 ceived under their respective agreements—

12 ‘‘(I) to provide employment-related counseling to

13 such individuals,

14 ‘‘(II) to provide employment-related supportive

15 services to such individuals, and

16 ‘‘(III) to pay employment-related transportation

17 costs,

18 if the Secretary determines that the use of additional funds

19 is necessary to carry out the activities described in sub20 clauses (I), (II), or (III).

21 ‘‘(B)(i) Except as provided in clause (ii), not more

22 than 13.5 percent of such grant may be used to pay admin23 istrative costs and costs incurred—

24 ‘‘(I) to provide the training described in sub25 section (c)(2)(H), and
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1 ‘‘(II) to perform the assessment described in sub2 section (c)(2)(L).

3 ‘‘(ii) At the request of the recipient of a grant made

4 under paragraph (1) and based on information submitted

5 to the Secretary by such recipient, the Secretary may per6 mit such recipient to use a greater part of such grant, but

7 not more than 15 percent of such grant, to pay the adminis8 trative costs described in clause (i) if the Secretary deter9 mines that the use of such greater part to pay such costs

10 is necessary to carry out the projects with respect to which

11 such request is made.

12 ‘‘(C) To the maximum extent practicable, an entity

13 that carries out a project under an agreement made under

14 subsection (b) shall provide for the payment of the costs de15 scribed in subparagraph (B) from non-Federal sources.

16 ‘‘(b) ELIGIBILITY FOR GRANTS.—To be eligible to re17 ceive a grant under subsection (a), a State, or public or

18 private nonprofit national organization, shall submit to the

19 Secretary an application in such form and containing such

20 information as the Secretary may require by rule, includ21 ing an assurance that such grant will be used by the State

22 or the organization to carry out projects (excluding projects

23 involving the construction, operation, or maintenance of

24 any facility used or to be used as a place for sectarian reli25 gious instruction or worship) for the purpose specified in
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1 subsection (a) through the following types of agreements

2 that satisfy the requirements of subsection (c) and that pro3 vide for meeting specifications the State or the organization

4 shall establish and the performance standards in effect

5 under subsection (i):

6 ‘‘(1) Agreements may be made by the State or

7 the organization with—

8 ‘‘(A) public or nonprofit private agencies or

9 organizations,

10 ‘‘(B) political subdivisions of States having

11 elected or duly appointed governing officials (or

12 combinations of such political subdivisions),

13 ‘‘(C) tribal organizations,

14 ‘‘(D) area agencies on aging, and

15 ‘‘(E) national organizations, and State and

16 local affiliates of national organizations,

17 to pay the cost of providing part-time employment

18 to older individuals described in subsection (a).

19 ‘‘(2) At the election of the State or the organiza20 tion, not more than 5 percent of the grant received

21 under subsection (a) may be used to make agreements

22 with businesses (giving special consideration to busi23 nesses in growth industries) to pay not more than 50

24 percent of the cost of providing part-time or full-time
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1 employment to older individuals described in sub2 section (a).

3 ‘‘(c) REQUIREMENTS.—Subject to subsection (d), this

4 subsection shall apply to agreements made under subsection

5 (b).

6 ‘‘(1) Each such agreement shall be made after

7 consideration of the following, as demonstrated by the

8 entity that proposes to carry out a project to provide

9 employment to older individuals described in sub10 section (a):

11 ‘‘(A) The ability of such entity to provide

12 community service employment and to satisfy

13 the requirements of this title.

14 ‘‘(B) The ability to meet applicable speci15 fications and performance standards referred to

16 in subsection (b).

17 ‘‘(C) The ability to provide employment-re18 lated supportive services to assist older individ19 uals described in subsection (a) to participate in

20 employment provided by the project.

21 ‘‘(D) The effective use of funds to be received

22 under such agreement, to pay administrative

23 costs of the project and to pay wages and benefits

24 for such individuals who are participating in

25 employment provided by the project.
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1 ‘‘(2) Each such agreement shall provide that no

2 payment shall be made by the State, or by the public

3 or nonprofit private national organization toward the

4 cost of the project unless the State or the organization

5 determines that the project, and the entity that car6 ries out the project, will satisfy all of the following:

7 ‘‘(A)(i) The entity that carries out the

8 project will use funds received under such agree9 ment that are attributable to a grant made

10 under subsection (a) or any other Federal law,

11 to pay not more than 85 percent of the cost of

12 the project.

13 ‘‘(ii) The non-Federal share of such cost will

14 be contributed in cash or in kind. In deter15 mining the amount of the non-Federal share, the

16 Secretary may attribute fair market value to

17 services and facilities contributed from non-Fed18 eral sources.

19 ‘‘(B) The project will provide employment

20 only for older individuals described in subsection

21 (a), except for necessary technical, administra22 tive, and supervisory personnel, but such per23 sonnel shall, to the fullest extent possible, be re24 cruited from among older individuals described

25 in subsection (a).
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1 ‘‘(C)(i) If such agreement is made with a

2 State, the project will provide employment for

3 such individuals in the community in which

4 such individuals reside, or in nearby commu5 nities.

6 ‘‘(ii) If such agreement is made with a trib7 al organization, the project will provide employ8 ment for such individuals who are Indians resid9 ing on or near an Indian reservation.

10 ‘‘(D) The project (except with respect to an

11 agreement described in subsection (b)(2)) will

12 employ such individuals in services related to

13 publicly owned and operated facilities and

14 projects, or related to projects sponsored by orga15 nizations (other than political parties) described

16 in section 501(c)(3) of the Internal Revenue Code

17 of 1986 that are exempt from taxation under sec18 tion 501(a) of such Code.

19 ‘‘(E) The project will contribute to the gen20 eral welfare of the community.

21 ‘‘(F) The project will—

22 ‘‘(i) result in an increase in employ23 ment opportunities over those opportunities

24 that would otherwise be available,
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1 ‘‘(ii) not result in the displacement of

2 currently employed workers (including par3 tial displacement, such as a reduction in

4 the hours of nonovertime work or wages or

5 employment benefits), and

6 ‘‘(iii) not impair existing contracts or

7 result in the substitution of Federal funds

8 for other funds in connection with work

9 that would otherwise be performed.

10 ‘‘(G) The project will utilize methods of re11 cruitment and selection (including listing of job

12 vacancies with the employment agency operated

13 by any State or political subdivision thereof)

14 that will ensure that the maximum number of

15 older individuals described in subsection (a) will

16 have an opportunity to participate in the

17 project.

18 ‘‘(H)(i) The project will include such train19 ing as may be necessary to make the most effec20 tive use of the skills and talents of such individ21 uals who are participating and assist in their

22 transition into employment for which no finan23 cial assistance is provided under this title, and

24 may provide for the payment of the reasonable

25 expenses of such individuals being trained.
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1 ‘‘(ii) Unless the number of such individuals

2 in need of the training required by clause (i) is

3 sufficient to justify the establishment of a train4 ing program by the project, such training shall

5 be provided, to the maximum extent practicable,

6 by the project by placing such individuals in

7 training programs for which Federal or State

8 funds are provided under another law. Such in9 dividuals who participate in such training pro10 grams shall be deemed to have received the train11 ing required by clause (i).

12 ‘‘(I) The project will provide to older indi13 viduals described in subsection (a) who are em14 ployed in the project, wages at rates that are—

15 ‘‘(i) the same rates (including periodic

16 increases) as employees who are similarly

17 situated in similar occupations by the same

18 employer and who have similar training,

19 experience, and skills, and

20 ‘‘(ii) in accordance with applicable

21 law but are not less than the higher of the

22 rate specified in section 6(a)(1) of the Fair

23 Labor Standards Act of 1938 (29 U.S.C.

24 206(a)(1)) or rate required by the applica25 ble State or local minimum wage law.
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1 ‘‘(J) The project will be established or ad2 ministered with the advice of individuals com3 petent in the field of service in which employ4 ment is being provided, and of individuals who

5 are knowledgeable with regard to the needs of

6 older individuals.

7 ‘‘(K) The project may authorize payment

8 for reasonable transportation costs of older indi9 viduals described in subsection (a) that may be

10 incurred in employment in the project.

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

12 of—

13 ‘‘(i) the participating older individ14 uals’ skills and talents,

15 ‘‘(ii) their need for supportive services,

16 and

17 ‘‘(iii) their ability to perform commu18 nity service employment,

19 except to the extent the project has, for the par20 ticular participant involved, an assessment of

21 such skills and talents, such need, or such capa22 bilities prepared recently pursuant to another

23 employment or training program.

24 ‘‘(M) The project will, to the maximum ex25 tent feasible, serve the needs of minority, limited
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1 English-speaking ability, and Indian eligible in2 dividuals, and eligible individuals with greatest

3 economic need.

4 ‘‘(N) The entity that carries out the project

5 will post in the project workplace a notice, and

6 will make available to each individual associated

7 with the project a written explanation, clarifying

8 the law with respect to allowable and unallow9 able political activities under chapter 15 of title

10 5, United States Code, applicable to the project

11 and to each category of individuals associated

12 with the project.

13 ‘‘(O) In providing employment opportuni14 ties under the project, such entity will give pri15 ority to low-income individuals who are 60 years

16 of age or older.

17 ‘‘(P) Before the end of the fiscal year during

18 which the entity carries out the project, such en19 tity will demonstrate, to the State or national

20 organization with which the entity made such

21 agreement, that such entity has met the applica22 ble performance standards in effect under sub23 section (h).

24 ‘‘(d) PREREQUISITE REQUIREMENTS.—(1) Before

25 making agreements under subsection (b) and after consulta-
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1 tion with the appropriate area agencies on aging, with

2 other organizations that received funds under this title in

3 the preceding fiscal year, and with State and local agencies

4 responsible for carrying out public employment and train5 ing programs, a recipient of a grant made under subsection

6 (a)(1) for a fiscal year shall—

7 ‘‘(A) make a determination—

8 ‘‘(i) identifying the localities in the State in

9 which projects described in subsection (b) are

10 most needed,

11 ‘‘(ii) in making such determination, con12 sider the local employment situations and the

13 types of skills possessed by available local older

14 individuals described in subsection (a), and

15 ‘‘(iii) identify potential projects and the

16 number and percentage of such individuals in

17 the local population.

18 ‘‘(B) in consultation and coordination—

19 ‘‘(i) with State and local agencies respon20 sible for carrying out employment and training

21 programs, and

22 ‘‘(ii) for the purpose of providing increased

23 employment opportunities in underserved areas,

24 with all other recipients of grants under sub25 section (a)(1) who propose to carry out projects
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1 under this title in the same State as such recipi2 ent,

3 select the projects such recipient will carry out

4 through agreements made under subsection (b), and

5 ‘‘(C) establish effective linkages with private en6 tities that promote employment and training oppor7 tunities for older individuals.

8 ‘‘(2) To the maximum extent practicable, such recipi9 ent shall ensure that entities that carry out projects under

10 agreements made under subsection (b) provide employment

11 under this title to older individuals who immediately before

12 the effective date of this title were employees under an agree13 ment made under section 502(b) of the Older Americans Act

14 of 1965.

15 ‘‘(3) To the maximum extent practicable, a State that

16 receives a grant under this title for fiscal year 2000, 2001,

17 2002, 2003, and 2004 shall use not less than the following

18 percentage of such grant, to preserve particular older indi19 viduals in the particular employment positions that were

20 held by such individuals as a result of grants made under

21 title V of the Older Americans Act of 1965 or under this

22 title by the Secretary for the preceding fiscal year to non23 State recipients for expenditure in such State:

Grant for Fiscal Year Percent of Grant

2000 4.6

2001 4.6
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Grant for Fiscal Year Percent of Grant

2002 4.6

2003 4.6

2004 4.6.

1 ‘‘(e) EQUITABLE USE OF FUNDS.—To the maximum

2 extent practicable, each recipient of a grant under sub3 section (a)(1) shall use funds available to carry out this

4 title to make agreements under subsection (b) in an equi5 table manner, taking into consideration—

6 ‘‘(1) the number of eligible older individuals in

7 the various geographical areas,

8 ‘‘(2) the relative distribution of such individuals

9 among urban and rural areas, and

10 ‘‘(3) the consultation and coordination required

11 by subsection (d).

12 ‘‘(f) PRIOR SUBMISSION OF PROJECT DESCRIPTION.—

13 Whenever an entity (other than an area agency on aging

14 for the planning and service area in which the project will

15 be conducted) conducts a project under an agreement made

16 under subsection (b) within a planning and service area

17 in a State, such entity shall conduct the project in consulta18 tion with the area agency on aging of the planning and

19 service area and shall submit to the area agency on aging,

20 not less than 30 days before undertaking the project, a de21 scription (including the location) of the project.

22 ‘‘(g) ALTERNATIVE WORK MODES; TECHNICAL ASSIST23 ANCE.—Recipients of grants under subsection (a)(1) may
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1 develop alternatives for innovative work modes and provide

2 technical assistance in creating employment opportunities

3 through work sharing and other experimental methods to

4 groups representing business and industry and workers, as

5 well as to individual employers, where appropriate.

6 ‘‘(h) PERFORMANCE STANDARDS.—(1) The Secretary

7 shall establish by rule, and amend from time to time, objec8 tive performance standards that provide measurements to

9 quantify the extent to which projects carried out under

10 agreements made under subsection (b) meet such standards

11 and shall require at a minimum the recipients of grants

12 under subsection (a)(1) to assess, and to report timely before

13 the end of each fiscal year to the Secretary, the extent to

14 which such standards (expressed in objective, quantifiable,

15 measurable form) are met by each entity that carries out

16 any of such projects and by such recipients, to show progress

17 of recipients in continuously improving performance. Such

18 standards shall include the following:

19 ‘‘(A) A standard requiring that not less than 18

20 percent of project participants should be placed annu21 ally, and after placement should remain employed for

22 not less than 30 days, in employment for which no

23 financial assistance is provided under this title.

24 ‘‘(B) A standard requiring a specific percentage

25 increase in the number of employment opportunities
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1 provided in hard-to-serve areas, including rural

2 areas, areas with high unemployment, and areas with

3 a significant population groups of underserved older

4 individuals.

5 ‘‘(C) A standard providing for the measurement

6 of—

7 ‘‘(i) the number of older individuals who re8 ceive services provided by such projects, and

9 ‘‘(ii) the extent to which project partici10 pants are satisfied with such services.

11 ‘‘(D) A standard requiring a specific percentage

12 increase in employment opportunities to be provided

13 in underserved areas.

14 ‘‘(E) A standard applicable for determining

15 compliance with the consultation and coordination

16 requirements specified in subsection (d)(1).

17 ‘‘(2) The Secretary shall establish uniform criteria for

18 determining the extent to which each such entity and each

19 such recipient meets such standards.

20 ‘‘(3) For purposes of determining whether such recipi21 ents fail, directly or through the operation of projects car22 ried out in a State under agreements made under section

23 503(b), to meet such standards, the Secretary may adjust

24 the application of such standards with respect to such

25 projects if—
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1 ‘‘(A) the chief executive officer of such State sub2 mits to the Secretary a request to so adjust such

3 standards, and

4 ‘‘(B) the requested adjustment is based on—

5 ‘‘(i) specific economic conditions throughout

6 such State or in geographical areas of such

7 State,

8 ‘‘(ii) disadvantaging characteristics of the

9 older individuals who participate in such

10 projects, or

11 ‘‘(iii) demonstrated extraordinary difficul12 ties in serving unemployed low-income older in13 dividuals who have poor employment prospects.

14 ‘‘(i) TECHNICAL ASSISTANCE.—If a recipient of a

15 grant under section 501(a)(1) notifies the Secretary that

16 such recipient failed, or expects to fail, to meet any of the

17 applicable performance standards and requests the Sec18 retary to provide technical assistance to improve the capac19 ity of such recipient to meet such standards, then the Sec20 retary shall provide such assistance, including technical as21 sistance in developing a performance improvement plan.

22 ‘‘(j) REPORT ON PERFORMANCE.—Each recipient of a

23 grant under section 501(a)(1) shall submit to the Secretary

24 an annual report describing for each State separately in

25 which such recipient carried out projects under this title,
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1 directly or through agreements made under section 503(b)

2 by such recipient, in the fiscal year that is the subject of

3 such report—

4 ‘‘(1)(A) how such recipient complied with the re5 quirements of this title, and

6 ‘‘(B) the extent to which such recipient met the

7 performance standards applicable to such recipient,

8 and

9 ‘‘(2) if for such fiscal year such recipient elects

10 under subsection (b) to make agreements described in

11 subsection (b), the projects carried out under such

12 agreements.

13 ‘‘(k) INDEPENDENT EVALUATION OF GRANT RECIPI14 ENT PERFORMANCE.—

15 ‘‘(1) PERFORMANCE EVALUATION.—Not later

16 than 90 days after the date of the enactment of this

17 Act and subject to paragraph (2), the Secretary shall

18 make a contract to evaluate each recipient of a grant

19 under section 501(a)(1), for each State separately in

20 which such recipient carried out projects under this

21 title (directly or through agreements made under sec22 tion 503(b) by such recipient), for the purpose of

23 determining—

24 ‘‘(A) how such recipient complied with the re25 quirements of this title, and
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1 ‘‘(B) the extent to which such recipient met the

2 performance standards applicable to such recipient.

3 ‘‘(2) CONTRACTS.—For purposes of paragraph

4 (1), the Secretary may make contracts only with non5 governmental entities that—

6 ‘‘(A) have not received funds, directly or in7 directly, made available for grants under this

8 title or title V of the Older Americans Act of

9 1965, and

10 ‘‘(B) are not, and have not been, affiliated

11 with any entity that receives, or has received

12 such funds.

13 ‘‘(3) REPORTS.—The Secretary shall submit to

14 the Speaker of the House of Representatives and the

15 President pro tempore—

16 ‘‘(A) not later than January 1, 2004, an in17 terim report summarizing the results of the eval18 uations carried out under paragraph (1), and

19 ‘‘(B) not later than January 1, 2005, a

20 final report summarizing the results of such

21 evaluations.

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

23 ‘‘(a) PROJECT PARTICIPANTS.—Older individuals de24 scribed in section 503(a) who participate in a project as25 sisted under this title shall not be considered to be Federal
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1 employees as a result of such participation and shall not

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

3 United States Code.

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

5 under this title unless—

6 ‘‘(1) the contractor and the contractor’s employ7 ees (including older individuals participating under

8 the contract) are covered by a Federal or State work9 ers’ compensation law to the extent required by the

10 applicable Federal or State law, or

11 ‘‘(2) the contractor undertakes to provide either

12 through insurance by a recognized insurer or by self13 insurance as authorized by State law, that older indi14 viduals participating under the contract will enjoy

15 workers’ compensation coverage equal to that provided

16 by the applicable Federal or State law for employ17 ment covered by such law.

18 ‘‘SEC. 505. TREATMENT OF EMPLOYMENT ASSISTANCE FOR

19 PURPOSES OF FEDERAL HOUSING AND FOOD

20 STAMP PROGRAMS.

21 ‘‘Funds received by eligible older individuals from par22 ticipation in projects carried out under this title shall not

23 be considered to be income of such individuals for purposes

24 of determining the eligibility of such individuals, or of any

25 other individuals, to participate in any housing program
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1 for which Federal funds may be available or for any income

2 determination under the Food Stamp Act of 1977.

3 ‘‘SEC. 506. AUTHORIZATION OF APPROPRIATIONS.

4 ‘‘There are authorized to carry out this title

5 $448,600,000 for fiscal year 2000 and such sums as may

6 be necessary for fiscal years 2001, 2002, 2003, and 2004.’’.

7 SEC. 4. CONFORMING AMENDMENTS TO OTHER LAWS.

8 (a) AGRICULTURAL ACT OF 1949.—Section 416(a) of

9 the Agricultural Act of 1949 (7 U.S.C. 1431) is amended

10 by striking ‘‘Older Americans Act of 1965’’ and inserting

11 ‘‘Older Americans Act of 1999’’.

12 (b) AGRICULTURE AND FOOD ACT OF 1981.—Section

13 1114(a) of the Agriculture and Food Act of 1981 (7 U.S.C.

14 1431e(a)) is amended—

15 (1) in paragraph (1) by striking ‘‘Older Ameri16 cans Act of 1965’’ each place it appears and inserting

17 ‘‘Older Americans Act of 1999’’, and

18 (2) in subparagraphs (C) and (D) of paragraph

19 (2) by striking ‘‘section 311(a)(4) of the Older Ameri20 cans Act of 1965 (42 U.S.C. 3030a(a)(4)’’ each place

21 it appears and inserting ‘‘chapter 3 of subtitle A of

22 title III of the Older Americans Act of 1999’’.

23 (c) REHABILITATION ACT OF 1973.—Section

24 509(f)(5)(B) of the Rehabilitation Act of 1973 (29 U.S.C.
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1 794e(f)(5)(B)) is amended by striking ‘‘Older Americans

2 Act of 1965’’ and inserting ‘‘Older Americans Act of 1999’’.

3 (d) JOB TRAINING PARTNERSHIP ACT.—The Job

4 Training Partnership Act (29 U.S.C. 1501 et seq.) is

5 amended—

6 (1) in section 204(d)—

7 (A) in paragraph (4) by striking ‘‘Older

8 Americans Act of 1965’’ and inserting ‘‘Older

9 Americans Act of 1999’’, and

10 (B) in paragraph (5)(B)(i) by striking

11 ‘‘Older Americans Act of 1965’’ and inserting

12 ‘‘Older Americans Act of 1999’’,

13 (2) by amending section 205(a)(8) to read as fol14 lows:

15 ‘‘(8) title V of the Older Americans Act of

16 1999;’’,

17 (3) in section 452(d)(1)(B)(iii) by striking

18 ‘‘Older Americans Act of 1965’’ and inserting ‘‘Older

19 Americans Act of 1999’’, and

20 (4) in section 455(b) by striking ‘‘Older Ameri21 cans Act of 1965’’ and inserting ‘‘Older Americans

22 Act of 1999’’.

23 (e) SOCIAL SECURITY ACT.—The Social Security Act

24 (42 U.S.C. 301 et seq.) is amended—

25 (1) in section 1819—
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1 (A) in subsection (b)(4)(C)(ii)(IV) by strik2 ing ‘‘section 307(a)(12) of the Older Americans

3 Act of 1965’’ and inserting ‘‘section 304(a)(8) of

4 the Older Americans Act of 1999’’,

5 (B) in subsection (c)(2)(B)(iii)(II) by strik6 ing ‘‘title III or VII of the Older Americans Act

7 of 1965 in accordance with section 712 of the

8 Act’’ and inserting ‘‘section 304(a)(8) of the

9 Older Americans Act of 1999’’, and

10 (C) in subsection (g)(5)(B) by striking ‘‘title

11 III or VII of the Older Americans Act of 1965

12 in accordance with section 712 of the Act’’ and

13 inserting ‘‘section 304(a)(8) of the Older Ameri14 cans Act of 1999’’, and

15 (2) in section 1919—

16 (A) in subsection (b)(4)(C)(ii)(IV) by strik17 ing ‘‘section 307(a)(12) of the Older Americans

18 Act of 1965’’ and inserting ‘‘section 304(a)(8) of

19 the Older Americans Act of 1999’’,

20 (B) in subsection (c)(2)(B)(iii)(II) by strik21 ing ‘‘title III or VII of the Older Americans Act

22 of 1965 in accordance with section 712 of the

23 Act’’ and inserting ‘‘section 304(a)(8) of the

24 Older Americans Act of 1999’’, and
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1 (C) in subsection (g)(5)(B) by striking ‘‘title

2 III or VII of the Older Americans Act of 1965

3 in accordance with section 712 of the Act’’ and

4 inserting ‘‘section 304(a)(8) of the Older Ameri5 cans Act of 1999’’.

6 (f) TITLE 31 OF THE UNITED STATES CODE.—Section

7 3803(c)(2)(C)(xi) of title 31 of the United States Code is

8 amended by striking ‘‘section 336 of the Older Americans

9 Act’’ and inserting ‘‘chapter 3 of subtitle A of title III of

10 the Older Americans Act of 1999’’.

11 (g) OMNIBUS BUDGET RECONCILIATION ACT OF

12 1990.—Section 4360(d)(1)(C)(ii) of the Omnibus Budget

13 Reconciliation Act of 1990 (42 U.S.C. 1395b–

14 4(d)(1)(C)(ii)) is amended by inserting ‘‘of 1999’’ after

15 ‘‘Older Americans Act’’.

16 (h) NATIONAL SCHOOL LUNCH ACT.—The National

17 School Lunch Act (42 U.S.C. 1751 et seq.) is amended—

18 (1) in section 12(i) by striking ‘‘Older Ameri19 cans Act of 1965’’ and inserting ‘‘Older Americans

20 Act of 1999’’,

21 (2) in section 14—

22 (A) in subsection (a)(1) by striking ‘‘Older

23 Americans Act of 1965’’ and inserting ‘‘Older

24 Americans Act of 1999’’, and
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1 (B) in subsection (c) by striking ‘‘section

2 311(a)(4) of the Older Americans Act of 1965

3 (42 U.S.C. 3030(a)(4)) or for cash payments in

4 lieu of such donations under section 311(b)(1) of

5 such Act (42 U.S.C. 3030(b)(1))’’ and inserting

6 ‘‘chapter 3 of subtitle A of title III of the Older

7 Americans Act of 1999’’, and

8 (3) in subsection (o)(3)(B) by striking ‘‘part C

9 of title III of the Older Americans Act of 1965’’ and

10 inserting ‘‘chapter 3 of subtitle A of title III of the

11 Older Americans Act of 1999’’.

12 (i) ENVIRONMENTAL PROGRAMS ASSISTANCE ACT OF

13 1984.—Section 2(a) of the Environmental Programs Assist14 ance Act of 1984 (42 U.S.C. 4368a(a)) is amended by strik15 ing ‘‘Older Americans Act of 1965’’ each place it appears

16 and inserting ‘‘Older Americans Act of 1999’’.

17 (j) NOISE CONTROL ACT OF 1972.—Section 14(g) of

18 the Noise Control Act of 1972 (42 U.S.C. 4913(g)) is amend19 ed by inserting ‘‘of 1999’’ after ‘‘Older Americans Act’’.

20 (k) DEVELOPMENTAL DISABILITIES ASSISTANCE AND

21 BILL OF RIGHTS ACT.—The Developmental Disabilities As22 sistance and Bill of Rights Act (42 U.S.C. 6000 et seq.)

23 is amended—

24 (1) in section 124(b)(3) by inserting ‘‘of 1999’’

25 after ‘‘Older Americans Act’’, and
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1 (2) in section 142(a)(2)(D)(ii) by striking

2 ‘‘Older Americans Act of 1965’’ and inserting ‘‘Older

3 Americans Act of 1999’’.

4 (l) ENERGY CONSERVATION IN EXISTING BUILDINGS

5 ACT OF 1976.—Section 412(6) of the Energy Conservation

6 in Existing Buildings Act of 1976 (42 U.S.C. 6862(6)) is

7 amended by striking ‘‘paragraphs (4), (5), and (6), respec8 tively, of section 102 of the Older Americans Act of 1965’’

9 and inserting ‘‘paragraphs (28), (29), and (50), respec10 tively, of the Older Americans Act of 1999’’.

11 (m) CONGREGATE HOUSING SERVICES ACT OF

12 1978.—Subsections (c) and (d) of section 405 of the Con13 gregate Housing Services Act of 1978 (42 U.S.C. 8004) are

14 amended by striking ‘‘Older Americans Act of 1965’’ each

15 place it appears and inserting ‘‘Older Americans Act of

16 1999’’.

17 (n) CRANSTON-GONZALEZ NATIONAL AFFORDABLE

18 HOUSING ACT.—The Cranston-Gonzalez National Afford19 able Housing Act (42 U.S.C. 12701 et seq.) is amended—

20 (1) in section 802(d)(2)(B)(i) by striking ‘‘Older

21 Americans Act of 1965’’ and inserting ‘‘Older Ameri22 cans Act of 1999’’, and

23 (2) in section 803(d)(12) by striking ‘‘Older

24 Americans Act of 1965’’ and inserting ‘‘Older Ameri25 cans Act of 1999’’.
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1 (o) COMMUNITY SERVICES BLOCK GRANT ACT.—Sec2 tion 675(c)(5) of the Community Services Block Grant Act

3 (42 U.S.C. 9904(c)(5)) is amended by striking ‘‘Older

4 Americans Act of 1965’’ and inserting ‘‘Older Americans

5 Act of 1999’’.

6 (p) ALZHEIMER’S DISEASE AND RELATED DEMENTIAS

7 RESEARCH ACT OF 1992.—The Alzheimer’s Disease and

8 Related Dementias Research Act of 1992 (42 U.S.C. 11201

9 et seq.) is amended—

10 (1) in subsection 934(b)(4) by striking ‘‘section

11 305(a) (1) and (2)(A) of the Older Americans Act of

12 1965 (42 U.S.C. 3025(a)(1) and (2)(A))’’ and insert13 ing ‘‘section 303(a)(2)(A) of the Older Americans Act

14 of 1999’’, and

15 (2) in section 962—

16 (A) in subsection (a)(1)(A)(iii) by striking

17 ‘‘Older Americans Act of 1965’’ and inserting

18 ‘‘Older Americans Act of 1999’’, and

19 (B) in subsection (d) by striking ‘‘section

20 305(a)(1) of the Older Americans Act of 1965’’

21 and inserting ‘‘section 303(a)(1) of the Older

22 Americans Act of 1999’’.

23 SEC. 5. FISCAL YEAR REFERENCES FOR FISCAL YEAR 2000.

24 Any reference in the Older Americans Act of 1999 to

25 ‘‘the preceding fiscal year’’ that applies with respect to
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1 funds appropriated to carry out, or to the operation of a

2 program, project, or activity to be carried out under, such

3 Act for fiscal year 2000 shall be deemed to be a reference

4 to funds appropriated to carry out, or to the operation of

5 the corresponding program, project, or activity carried out

6 under, the Older Americans Act of 1965 for fiscal year 1999.

7 SEC. 6. ISSUANCE OF RULES.

8 Not later than 180 days after the date of the enactment

9 of this Act, the Secretary of Health and Human Services

10 shall issue, and publish in the Federal Register, proposed

11 rules for the administration of the Older Americans Act of

12 1999. After allowing a reasonable period for public com13 ment on such proposed rules, and not later than 90 days

14 after such publication, the Secretary shall issue rules for

15 the administration of such Act.

16 SEC. 7. EFFECTIVE DATES.

17 (a) GENERAL EFFECTIVE DATE.—Except as provided

18 in subsection (b), this Act and the amendments made by

19 this Act shall take effect on the date of the enactment of

20 this Act.

21 (b) SPECIAL EFFECTIVE DATE.—The amendments

22 made by sections 3, 4, and 5 shall take effect on October

23 1, 1999.

Amend the title so as to read: ‘‘A bill to amend the

Older Americans Act of 1965 to authorize appropriations
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for fiscal years 2000, 2001, 2002, 2003, and 2004 and

for other purposes.’’.