II

104TH CONGRESS

2D SESSION S. 1643

To amend the Older Americans Act of 1965 to authorize appropriations

for fiscal years 1997 through 2001, and for other purposes.

IN THE SENATE OF THE UNITED STATES

MARCH 26, 1966

Mr. GREGG (for himself and Mrs. KASSEBAUM) introduced the following bill;

which was read twice and referred to the Committee on Labor and

Human Resources

A BILL

To amend the Older Americans Act of 1965 to authorize

appropriations for fiscal years 1997 through 2001, and

for other purposes.

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

3 SECTION 1. SHORT TITLE.

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

5 Amendments of 1996’’.

6 SEC. 2. TABLE OF CONTENTS.

7 The table of contents for this Act is as follows:

Sec. 1. Short title.

Sec. 2. Table of contents.

Sec. 3. Amendment to the Older American Community Service Employment

Act for fiscal year 1996.
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Sec. 4. Amendment to the Older Americans Act of 1965.

Sec. 5. Conforming amendments.

Sec. 6. References to preceding fiscal year.

Sec. 7. Issuance of rules.

Sec. 8. Application of amendments.

Sec. 9. Transfer of functions.

Sec. 10. Effective dates.

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

4 (a) IN GENERAL.—The Older American Community

5 Service Employment Act (42 U.S.C. 3056–3056i) is

6 amended to read as follows:

7 ‘‘TITLE V—SENIOR COMMUNITY

8 SERVICE EMPLOYMENT PRO9 GRAM

10 ‘‘SEC. 501. SHORT TITLE.

11 ‘‘This title may be cited as the ‘Older American Com12 munity Service Employment Act’.

13 ‘‘SEC. 502. ALLOTMENT OF FUNDS FOR FISCAL YEAR 1996.

14 ‘‘(a) ALLOTMENT.—

15 ‘‘(1) RESERVATION OF FUNDS FOR TRIBAL OR16 GANIZATIONS.—Of the amount appropriated under

17 section 507 for fiscal year 1996, the Assistant Sec18 retary shall reserve not more than 1.3 percent for

19 making grants under this title to tribal organiza20 tions.

21 ‘‘(2) ALLOTMENT OF FUNDS.—
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1 ‘‘(A) ALLOTMENT.—After reserving funds

2 under paragraph (1), the Assistant Secretary

3 shall allot the remainder of the amount appro4 priated under section 507 for fiscal year 1996

5 among the States as follows:

6 ‘‘(i) IN GENERAL.—The product of

7 the remainder for such fiscal year and the

8 base percentage rate for such fiscal year

9 shall be allotted among the States propor10 tionately based on their respective shares

11 of the funds appropriated for fiscal year

12 1995 and allotted for the States to carry

13 out title V (as in effect on the day before

14 the date of enactment of the Older Ameri15 cans Amendments of 1995).

16 ‘‘(ii) BALANCE.—The balance of the

17 amount appropriated under section 507 for

18 fiscal year 1996 shall be allotted in accord19 ance with subparagraph (C).

20 ‘‘(B) BASE PERCENTAGE RATES.—For

21 purposes of subparagraph (A)(i), the base per22 centage rate for fiscal year 1996 shall be 80

23 percent.

24 ‘‘(C) ALLOTMENTS BASED ON AGE AND

25 PER CAPITA INCOME.—The balance referred to
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1 in subparagraph (A)(ii) shall be allotted as fol2 lows:

3 ‘‘(i) ALLOTMENT.—Subject to clause

4 (ii), each State shall be allotted the

5 amount that bears the same ratio to the

6 balance as the product of the number of

7 individuals 55 years of age or older in the

8 State and the allotment percentage of the

9 State bears to the sum of the correspond10 ing products for all the States.

11 ‘‘(ii) REDUCTION.—The amounts al12 lotted under clause (i) shall be reduced

13 proportionately to the extent necessary to

14 increase other allotments made under such

15 clause to achieve the following:

16 ‘‘(I) STATES.—Each State shall

be allotted not less than 1 17 ⁄2 of 1 per18 cent of the balance for the fiscal year

19 for which the determination is made.

20 ‘‘(II) OTHER JURISDICTIONS.—

21 Guam, American Samoa, the Virgin

22 Islands of the United States, and the

23 Commonwealth of the Northern Mari24 ana Islands shall each be allotted not

less than 1 25 ⁄4 of 1 percent of the bal-
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1 ance for the fiscal year for which the

2 determination is made or $50,000,

3 whichever is greater.

4 ‘‘(D) ALLOTMENT PERCENTAGE.—For

5 purposes of subparagraph (C)(i)—

6 ‘‘(i) except as provided in clauses (ii)

7 through (iv), the allotment percentage of

8 each State shall be 100 percent less the

9 percentage that bears the same ratio to 50

10 percent as the per capita income of the

11 State bears to the per capita income of all

12 the States;

13 ‘‘(ii) the allotment percentage for each

14 State shall be not more than 75 percent

and not less than 331 15 ⁄3 percent;

16 ‘‘(iii) the allotment percentage for

17 Guam, American Samoa, the Virgin Is18 lands of the United States, and the Com19 monwealth of the Northern Mariana Is20 lands shall be 75 percent; and

21 ‘‘(iv) subject to clause (ii), the allot22 ment percentage for a State whose allot23 ment percentage is not adjusted under

24 clause (ii) or (iii) shall be adjusted propor25 tionately to the extent necessary to achieve
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1 the percentages required under such

2 clauses.

3 ‘‘(E) LIMITATION.—For purposes of sub4 paragraphs (C)(ii)(I) and (D)(i), the term

5 ‘State’ does not include Guam, American

6 Samoa, the Virgin Islands of the United States,

7 or the Commonwealth of the Northern Mariana

8 Islands.

9 ‘‘(F) POPULATION AND PER CAPITA IN10 COME DETERMINATIONS.—For purposes of this

11 paragraph, the number of individuals 55 years

12 of age or older in each State, and the per capita

13 income of each State, shall be determined by

14 the Assistant Secretary on the basis of the most

15 recent data available from the Bureau of the

16 Census and other reliable demographic data

17 satisfactory to the Assistant Secretary.

18 ‘‘(b) REALLOTMENT.—If any part of the amount al19 lotted under this section to a State for a fiscal year is

20 not distributed to the State for such fiscal year, such part

21 shall be reallotted under this section for such fiscal year

22 to the remaining eligible States.

23 ‘‘SEC. 503. SENIOR COMMUNITY SERVICE EMPLOYMENT

24 PROGRAM.

25 ‘‘(a) AUTHORITY FOR PROGRAM.—
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1 ‘‘(1) GRANTS.—With funds allotted under sec2 tion 502(a), the Assistant Secretary shall make

3 grants to eligible States and tribal organizations for

4 the purpose of providing, to unemployed low-income

5 older individuals who have poor employment pros6 pects (as determined in accordance with standards

7 issued by the States and organizations), part-time

8 employment opportunities providing community serv9 ices.

10 ‘‘(2) USE OF FUNDS.—

11 ‘‘(A) WAGES AND BENEFITS.—

12 ‘‘(i) IN GENERAL.—Except as pro13 vided in clause (ii) or subparagraph (C) or

14 (D), not less than 90 percent of the funds

15 made available through a grant made

16 under paragraph (1) shall be used to pay

17 wages and benefits for older individuals

18 who are employed under projects carried

19 out under this title.

20 ‘‘(ii) SMALL STATES.—Except as pro21 vided in subparagraph (C) or (D), not less

22 than 85 percent of the funds made avail23 able through a grant made under para24 graph (1) to a small State shall be used to

25 pay wages and benefits for older individ-
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1 uals who are employed under projects car2 ried out under this title.

3 ‘‘(B) ADMINISTRATIVE COSTS.—

4 ‘‘(i) IN GENERAL.—Except as pro5 vided in clause (ii), not more than 10 per6 cent of the funds made available through a

7 grant made under paragraph (1) may be

8 used to pay for administrative costs.

9 ‘‘(ii) SMALL STATES.—Not more than

10 15 percent of the funds made available

11 through a grant made under paragraph (1)

12 to a small State may be used to pay for

13 administrative costs.

14 ‘‘(C) OTHER PARTICIPANT COSTS;

15 PROJECTS CARRIED OUT DIRECTLY.—

16 ‘‘(i) IN GENERAL.—A State or tribal

17 organization that receives a grant under

18 paragraph (1) for a project and that elects

19 to carry out the project directly, or

20 through an agreement under subsection (b)

21 with a political subdivision, may request

22 that the Assistant Secretary provide for a

23 fiscal year—

24 ‘‘(I) a general waiver of subpara25 graph (A); and
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1 ‘‘(II) an additional waiver of sub2 paragraph (A).

3 ‘‘(ii) REQUEST.—

4 ‘‘(I) IN GENERAL.—The State or

5 tribal organization shall submit such a

6 request at such time, in such form,

7 and containing such information as

8 the Assistant Secretary may require

9 by rule.

10 ‘‘(II) INFORMATION FOR ADDI11 TIONAL WAIVER.—A State or tribal

12 organization that requests such an ad13 ditional waiver for a fiscal year shall

14 submit with the request information

15 demonstrating that at least 30 per16 cent of the participants in the projects

17 carried out through a grant made

18 under paragraph (1) for the previous

19 year to the State or organization were

20 placed in unsubsidized employment.

21 ‘‘(iii) APPROVAL.—If the Assistant

22 Secretary determines that the State or

23 tribal organization has submitted a request

24 that meets the requirements of clause (ii),
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1 the Assistant Secretary shall approve the

2 request.

3 ‘‘(iv) GENERAL WAIVER.—A general

4 waiver referred to in this subparagraph

5 shall permit the State or tribal organiza6 tion to use a portion, but not more than

7 20 percent, of the funds made available

8 through the grant for the fiscal year for

9 which the waiver is requested for adminis10 trative costs or other participant costs,

11 subject to clause (i) or (ii), as appropriate,

12 of subparagraph (B).

13 ‘‘(v) ADDITIONAL WAIVER.—

14 ‘‘(I) IN GENERAL.—An additional

15 waiver referred to in this subpara16 graph shall permit the State or tribal

17 organization to use a portion, but not

18 more than 5 percent, of the funds

19 made available through the grant for

20 the fiscal year for which the waiver is

21 requested for other participant costs.

22 ‘‘(II) CALCULATION.—If a State

23 or tribal organization receives a gen24 eral waiver described in clause (iv)

25 and an additional waiver described in
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1 this clause, the State or organization

2 may use the portion described in

3 clause (iv) and the portion described

4 in this clause for the fiscal year for

5 which the waivers are requested for

6 administrative costs or other partici7 pant costs, subject to clause (i) or (ii),

8 as appropriate, of subparagraph (B).

9 ‘‘(D) OTHER PARTICIPANT COSTS;

10 PROJECTS CARRIED OUT UNDER AGREE11 MENTS.—

12 ‘‘(i) IN GENERAL.—An entity, other

13 than a State, tribal organization, or politi14 cal subdivision, that carries out a project

15 under a grant made under paragraph (1)

16 may request that the State or tribal orga17 nization that received the grant provide for

18 a fiscal year—

19 ‘‘(I) a general waiver of subpara20 graph (A); and

21 ‘‘(II) an additional waiver of sub22 paragraph (A).

23 ‘‘(ii) APPLICATION OF PROVISIONS.—

24 The provisions of clauses (ii) through (v)

25 of subparagraph (C) shall apply to such re-
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1 quests and such general and additional

2 waivers, as appropriate, except that ref3 erences in such provisions—

4 ‘‘(I) to a State or tribal organiza5 tion shall be deemed to be references

6 to the entity referred to in clause (i);

7 and

8 ‘‘(II) to the Assistant Secretary

9 shall be deemed to be references to

10 the State or tribal organization that

11 received the grant referred to in

12 clause (i).

13 ‘‘(E) NON-FEDERAL SOURCES.—To the

14 maximum extent practicable, an entity that car15 ries out a project under this title shall provide

16 for the payment of the costs described in sub17 paragraph (B), (C), or (D) from non-Federal

18 sources.

19 ‘‘(b) ELIGIBILITY FOR GRANTS.—

20 ‘‘(1) APPLICATION AND AGREEMENTS.—To be

21 eligible to receive a grant under subsection (a), a

22 State or tribal organization shall submit to the As23 sistant Secretary an application at such time, in

24 such form, and containing such information as the

25 Assistant Secretary may require by rule, including
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1 an assurance that funds made available through

2 such grant—

3 ‘‘(A) will be used by the State or tribal or4 ganization to carry out projects for the purpose

5 specified in subsection (a)(1)—

6 ‘‘(i) directly (in accordance with the

7 requirements of subsection (d)); or

8 ‘‘(ii) through agreements that satisfy

9 the requirements of this subsection and

10 subsection (d); and

11 ‘‘(B) will not be used to carry out a project

12 involving the construction, operation, or mainte13 nance of any facility used or to be used as a

14 place for sectarian religious instruction or wor15 ship.

16 ‘‘(2) PARTICIPANTS IN AGREEMENT.—Such

17 agreements shall be entered into by the State or

18 tribal organization with—

19 ‘‘(A) public or nonprofit private agencies

20 or organizations;

21 ‘‘(B) political subdivisions of States having

22 elected or duly appointed governing officials (or

23 combinations of such political subdivisions);

24 ‘‘(C) tribal organizations; and

25 ‘‘(D) area agencies on aging.
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1 ‘‘(3) AGREEMENT WITH BUSINESSES.—At the

2 election of a State or tribal organization that re3 ceives a grant made under subsection (a), not more

4 than 5 percent of the funds made available through

5 the grant may be used to enter into agreements with

6 businesses (giving special consideration to businesses

7 in growth industries) to pay for not more than 50

8 percent of the cost of providing employment (includ9 ing arranging for the provision of employment) to

10 older individuals described in subsection (a).

11 ‘‘(c) COMPETITIVE BASIS.—In selecting an entity

12 with whom a State or tribal organization will enter into

13 an agreement under subsection (b), the State or organiza14 tion—

15 ‘‘(1) shall make the selection on a competitive

16 basis; and

17 ‘‘(2) shall take into consideration, where appro18 priate, the demonstrated ability of the entity to pro19 vide employment (including arranging for the provi20 sion of employment) to older individuals described in

21 subsection (a).

22 ‘‘(d) REQUIREMENTS.—

23 ‘‘(1) IN GENERAL.—Each agreement entered

24 into under subsection (b) for a project shall provide

25 that no payment shall be made by the State or tribal
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1 organization toward the cost of such project unless

2 the State or tribal organization determines that such

3 project, or the entity that carries out such project,

4 as appropriate, will satisfy each of the conditions de5 scribed in paragraphs (2) through (13). Each State

6 or tribal organization that carries out a project di7 rectly under subsection (b) shall ensure that such

8 project or the State or organization, as appropriate,

9 will satisfy each of the conditions described in para10 graphs (2) through (13).

11 ‘‘(2) FEDERAL SHARE REQUIREMENT.—

12 ‘‘(A) IN GENERAL.—The entity that car13 ries out the project shall use funds received for

14 such project that are made available through a

15 grant made under subsection (a) to pay for the

16 Federal share of the cost of the project.

17 ‘‘(B) FEDERAL SHARE.—The Federal

18 share of the cost of the project shall be not

19 more than 85 percent.

20 ‘‘(C) NON-FEDERAL SHARE.—The non21 Federal share of such cost shall be contributed

22 in cash or in kind. In determining the amount

23 of the non-Federal share, the Assistant Sec24 retary may attribute fair market value to serv-
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1 ices and facilities contributed from non-Federal

2 sources.

3 ‘‘(3) PERSONNEL.—The project shall provide

4 employment only for older individuals described in

5 subsection (a), except for necessary technical, ad6 ministrative, and supervisory personnel. Such per7 sonnel shall, to the fullest extent possible, be re8 cruited from among older individuals described in

9 subsection (a).

10 ‘‘(4) COMMUNITIES.—

11 ‘‘(A) IN GENERAL.—If such project is car12 ried out by or under an agreement with a State,

13 the project shall provide employment for such

14 individuals in the community in which such in15 dividuals reside, or in nearby communities.

16 ‘‘(B) RESERVATIONS.—If such project is

17 carried out by or under an agreement with a

18 tribal organization, the project shall provide

19 employment for such individuals who are Indi20 ans residing on an Indian reservation.

21 ‘‘(5) SERVICES.—The project (except a project

22 carried out under an agreement described in sub23 section (b)(3)) shall employ older individuals de24 scribed in subsection (a) in positions in which the in25 dividuals provide services—
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1 ‘‘(A) related to publicly owned and oper2 ated facilities or public projects; or

3 ‘‘(B) related to projects sponsored by orga4 nizations described in section 501(c)(3) of the

5 Internal Revenue Code of 1986 that are exempt

6 from taxation under section 501(a) of such

7 Code.

8 ‘‘(6) GENERAL WELFARE.—The project shall

9 contribute to the general welfare of the community

10 in which the project is carried out.

11 ‘‘(7) EMPLOYMENT IMPACTS.—The project

12 shall—

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

14 opportunities over the opportunities that would

15 otherwise be available;

16 ‘‘(B) not result in the displacement (in17 cluding partial displacement, such as a reduc18 tion in the hours of nonovertime work or wages

19 or employment benefits) of currently employed

20 workers (as of the date of the beginning of the

21 project); and

22 ‘‘(C) not impair existing contracts (as of

23 the date of the beginning of the project) or re24 sult in the substitution of Federal funds for
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1 other funds in connection with work that would

2 otherwise be performed.

3 ‘‘(8) RECRUITMENT AND SELECTION.—In car4 rying out the project, the entity shall utilize methods

5 of recruitment and selection (including listing job va6 cancies with an employment agency operated by any

7 State or political subdivision of a State) that will en8 sure that the maximum number of older individuals

9 described in subsection (a) will have an opportunity

10 to participate in the project.

11 ‘‘(9) TRAINING.—The project shall include such

12 training as may be necessary to make the most ef13 fective use of the skills and talents of such individ14 uals who are participating in the project and assist

15 in their transition into employment for which no fi16 nancial assistance is provided under this title.

17 ‘‘(10) ADVICE.—The entity shall establish or

18 administer the project after receiving the advice of—

19 ‘‘(A) individuals competent in the field of

20 service in which the project will provide employ21 ment; and

22 ‘‘(B) individuals who are knowledgeable

23 with regard to the needs of older individuals.

24 ‘‘(11) ASSESSMENT.—The entity shall prepare

25 an assessment of—
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1 ‘‘(A) the skills and talents of each partici2 pating older individual;

3 ‘‘(B) the need of the older individual for

4 supportive services; and

5 ‘‘(C) the ability of the older individual to

6 perform community service employment;

7 except to the extent that the project has an assess8 ment of such skills and talents, such need, or such

9 ability, of the individual that was prepared recently

10 pursuant to another Federal or State employment or

11 job training program.

12 ‘‘(12) NOTICE AND EXPLANATION.—The entity

13 that carries out such project shall post in the project

14 workplace a notice, and shall make available to each

15 individual associated with such project a written ex16 planation, clarifying the law with respect to allow17 able and unallowable political activities under chap18 ter 15 of title 5, United States Code, applicable to

19 the project and to each category of individuals asso20 ciated with such project.

21 ‘‘(13) PRIORITY IN EMPLOYMENT OPPORTUNI22 TIES.—In providing employment opportunities (in23 cluding arranging for the provision of employment

24 opportunities) under the project, such entity shall

25 give priority to low-income older individuals de-
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1 scribed in subsection (a) who are 60 years of age or

2 older.

3 ‘‘(e) PREREQUISITE DETERMINATIONS AND COORDI4 NATION.—

5 ‘‘(1) DETERMINATIONS.—To effectively carry

6 out subsection (b), a State or tribal organization

7 that receives a grant under subsection (a) for a fis8 cal year shall, after consultation with the appro9 priate area agencies on aging and with other organi10 zations that received funds under this title in the

11 preceding fiscal year—

12 ‘‘(A) make a determination identifying the

13 localities in the State, or on an Indian reserva14 tion in the case of a tribal organization, in

15 which projects described in subsection (b) are

16 most needed;

17 ‘‘(B) in making such determination, con18 sider the local employment situations and the

19 types of skills possessed by available local older

20 individuals described in subsection (a); and

21 ‘‘(C) make a determination identifying po22 tential projects for, and the number and per23 centage of such individuals in the local popu24 lation of, each such locality.
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1 ‘‘(2) COORDINATION.—To increase job opportu2 nities available to older individuals, the State or trib3 al organization shall coordinate the projects assisted

4 under this title with—

5 ‘‘(A) other programs, projects, and activi6 ties carried out under this Act; and

7 ‘‘(B) other Federal or State employment or

8 job training programs.

9 ‘‘(3) PARTICIPANTS.—To the maximum extent

10 practicable, the State or tribal organization shall en11 sure that entities that carry out projects under this

12 title provide employment (including arranging for

13 the provision of employment) under this title to

14 older individuals who on the day before the effective

15 date of section 3 of the Older Americans Amend16 ments of 1995 were participants under an agree17 ment entered into under section 502(b) (as in effect

18 on the day before such date).

19 ‘‘(f) EQUITABLE USE OF FUNDS.—To the maximum

20 extent practicable, the State or tribal organization shall

21 use funds available for this title to enter into agreements

22 under subsection (b) or carry out this title in an equitable

23 manner, taking into consideration the number of eligible

24 older individuals in the various geographical areas served

25 under the agreements or by the State or organization and
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1 the relative distribution of such individuals among urban

2 and rural areas.

3 ‘‘(g) PRIOR SUBMISSION OF PROJECT DESCRIP4 TION.—If an entity carries out a project under this title

5 in a planning and service area, and the entity is not the

6 area agency on aging for the planning and service area,

7 the entity shall carry out the project in consultation with

8 the area agency on aging and shall submit to the area

9 agency on aging, not less than 30 days before undertaking

10 the project, a description (including the location) of such

11 project.

12 ‘‘(h) ALTERNATIVE WORK MODES; TECHNICAL AS13 SISTANCE.—To assist entities carrying out, and partici14 pants in, projects assisted under this title, the State or

15 tribal organization may develop alternatives for innovative

16 work modes and provide technical assistance in creating

17 job opportunities through work sharing and other experi18 mental methods to groups representing business and in19 dustry and workers, as well as to individual employers,

20 where appropriate.

21 ‘‘(i) REPORT.—If a State or tribal organization elects

22 under subsection (b) to enter into agreements described

23 in paragraph (3) of such subsection for a fiscal year, the

24 State or tribal organization shall submit to the Assistant
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1 Secretary a report describing the projects carried out

2 under such agreements.

3 ‘‘(j) DATA COLLECTION AND ANALYSIS.—A State or

4 tribal organization that receives a grant under subsection

5 (a) shall use a portion of the remaining funds described

6 in subsection (a)(2)(B) to collect data and carry out analy7 ses related to the need for community service employment

8 within the population served under the grant and dissemi9 nate information obtained through the data collection and

10 analyses.

11 ‘‘(k) RULES.—The Secretary shall issue, and amend

12 from time to time, rules that require States and tribal or13 ganizations that receive grants under subsection (a) to es14 tablish, to the maximum extent practicable, for projects

15 carried out under this title the goal of annually placing

16 not less than 20 percent of project participants in employ17 ment for which no financial assistance is provided under

18 this title.

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

20 ‘‘(a) PROJECT PARTICIPANTS.—Older individuals de21 scribed in section 503(a) who participate in a project as22 sisted under this title shall not be considered to be Federal

23 employees as a result of such participation and shall not

24 be subject to the provisions of part III of title 5, United

25 States Code.
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1 ‘‘(b) WORKMEN’S COMPENSATION.—No State or

2 tribal organization shall enter into an agreement under

3 section 503(b) with, or carry out such a project through,

4 an entity who is, or whose employees are, under State law,

5 exempted from operation of the State workmen’s com6 pensation law, generally applicable to employees, unless

7 the entity shall undertake to provide either through insur8 ance by a recognized carrier, or by self-insurance, as au9 thorized by State law, that the individuals employed under

10 the contract shall enjoy workmen’s compensation coverage

11 equal to such coverage provided by law for covered employ12 ment.

13 ‘‘SEC. 505. EMPLOYMENT ASSISTANCE AND FEDERAL HOUS14 ING AND FOOD STAMP PROGRAMS.

15 ‘‘Funds received by eligible individuals from projects

16 carried out under this title shall not be considered to be

17 income of such individuals for purposes of determining the

18 eligibility of such individuals, or of any other persons, to

19 participate in any housing program for which Federal

20 funds may be available or for any income determination

21 under the Food Stamp Act of 1977 (7 U.S.C. 2011 et

22 seq.).

23 ‘‘SEC. 506. DEFINITIONS.

24 ‘‘As used in this title:
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1 ‘‘(1) ADMINISTRATIVE COSTS.—The term ‘ad2 ministrative costs’, used with respect to a project,

3 means—

4 ‘‘(A) the costs of—

5 ‘‘(i) salaries, wages, and fringe bene6 fits for project administrators;

7 ‘‘(ii) consumable office supplies used

8 by project staff;

9 ‘‘(iii) development, preparation, pres10 entation, management, and evaluation of

11 the project;

12 ‘‘(iv) establishment and maintenance

13 of accounting and management informa14 tion systems;

15 ‘‘(v) establishment and maintenance

16 of advisory councils;

17 ‘‘(vi) travel of the project administra18 tors;

19 ‘‘(vii) rent, utilities, custodial services,

20 and indirect costs attributable to the

21 project;

22 ‘‘(viii) training of staff and technical

23 assistance to subproject sponsor staff;

24 ‘‘(ix) equipment and material for use

25 by project staff; or
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1 ‘‘(x) audit services; and

2 ‘‘(B) the costs and expenses described in

3 paragraph (5)(B).

4 ‘‘(2) COMMUNITY SERVICES.—The term ‘com5 munity services’ means—

6 ‘‘(A) social, health, welfare, and edu7 cational services (particularly literacy tutoring);

8 ‘‘(B) legal and other counseling services

9 and assistance, including tax counseling and as10 sistance and financial counseling;

11 ‘‘(C) library, recreational, and other simi12 lar services;

13 ‘‘(D) conservation, maintenance, or res14 toration of natural resources;

15 ‘‘(E) community betterment or beautifi16 cation;

17 ‘‘(F) antipollution and environmental qual18 ity efforts;

19 ‘‘(G) weatherization activities;

20 ‘‘(H) economic development; and

21 ‘‘(I) such other services essential and nec22 essary to the community involved as the Sec23 retary, by regulation, may require.

24 ‘‘(3) LOW-INCOME.—The term ‘low-income’,

25 used with respect to an individual, means an individ-
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1 ual who is a member of a family that has an income

2 that is not more than 125 percent of the poverty

3 line.

4 ‘‘(4) OLDER INDIVIDUAL—The term ‘older indi5 vidual’ means an individual who is 55 years of age

6 or older.

7 ‘‘(5) OTHER PARTICIPANT COSTS.—

8 ‘‘(A) IN GENERAL.—The term ‘other par9 ticipant costs’ includes—

10 ‘‘(i) the costs for participants of—

11 ‘‘(I) transportation;

12 ‘‘(II) training, including training

13 described in section 503(d)(9); and

14 ‘‘(III) special job or personal

15 counseling; and

16 ‘‘(ii) incidental expenses necessary for

17 the participation of the participants, such

18 as workshoes, safety eyeglasses, uniforms,

19 tools, and similar items.

20 ‘‘(B) EXCLUSION.—The term shall not in21 clude—

22 ‘‘(i) the costs of performing assess23 ments, including the assessment described

24 in section 503(d)(11);
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1 ‘‘(ii) administrative expenses relating

2 to the training of participants;

3 ‘‘(iii) the costs of providing counseling

4 to participants;

5 ‘‘(iv) the costs of providing supportive

6 services to participants;

7 ‘‘(v) transportation costs incurred in

8 training;

9 ‘‘(vi) the costs of evaluating partici10 pants for continued participation in em11 ployment in a project described in this

12 title; or

13 ‘‘(vii) the costs of developing host

14 agency assignments and unsubsidized em15 ployment for participants.

16 ‘‘(6) PLACED IN UNSUBSIDIZED EMPLOY17 MENT.—

18 ‘‘(A) IN GENERAL.—The term ‘placed in

19 unsubsidized employment’ means, with respect

20 to an individual who was a participant in a

21 project described in this title, that—

22 ‘‘(i)(I) the individual was placed in a

23 position with an employer not later than

24 90 days after the individual terminated

25 participation in the project, and the posi-
29

•S 1643 IS

1 tion was not subsidized with Federal

2 funds; and

3 ‘‘(II) the placement was attibutable to

4 participation in the project;

5 ‘‘(ii) the employer intended, on the

6 date of the placement, to employ the indi7 vidual in the position for not less than 90

8 days;

9 ‘‘(iii) the individual was still employed

10 in the position 30 days after the place11 ment; and

12 ‘‘(iv) the individual was better off eco13 nomically when employed in the position

14 than the individual was when participating

15 in the project.

16 ‘‘(B) BETTER OFF ECONOMICALLY.—As

17 used in this paragraph, the term ‘better off eco18 nomically’, used with respect to an individual,

19 means an individual who was a participant in a

20 project described in this title and was placed in

21 a position of employment if—

22 ‘‘(i) the individual received greater in23 come for employment in the position than

24 for participation in the project;
30

•S 1643 IS

1 ‘‘(ii) the individual received greater

2 benefits (as defined by the State in which

3 the project is located) for employment in

4 the position than for participation in the

5 project; or

6 ‘‘(iii) the position met 2 or more of

7 the following criteria:

8 ‘‘(I) The position provided to the

9 individual 20 or more hours of em10 ployment per week and a wage that is

11 not less than the minimum wage de12 termined in accordance with section

13 6(a)(1) of the Fair Labor Standards

14 Act of 1938 (29 U.S.C. 206(a)(1)).

15 ‘‘(II) The position was consistent

16 with the individual development plan

17 for the individual.

18 ‘‘(III) The position provided free

19 housing to the individual.

20 ‘‘(IV) The position provided free

21 food or meals to the individual.

22 ‘‘(V) The position provided

23 health benefits to the individual.
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•S 1643 IS

1 ‘‘(VI) The position provided free

2 transportation, or transportation at a

3 reduced cost, to the individual.

4 ‘‘(VII) The position provided to

5 the individual such economic benefits,

6 other than the benefits described in

7 subclauses (I) through (VI), as the

8 State in which the project is located

9 may determine to be appropriate.

10 ‘‘(7) SMALL STATE.—The term ‘small State’

11 means—

12 ‘‘(A) a State whose allotment under section

13 502 is increased as a result of the condition

14 specified in section 502(a)(2)(C)(ii)(I); and

15 ‘‘(B) a State referred to in section

16 502(a)(2)(C)(ii)(II).

17 ‘‘(8) STATE.—The term ‘State’ means any of

18 the several States, the District of Columbia, the

19 Commonwealth of Puerto Rico, Guam, American

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

21 the Commonwealth of the Northern Mariana Is22 lands.

23 ‘‘(9) TRIBAL ORGANIZATION.—Notwithstanding

24 section 102, the term ‘tribal organization’ means—
32

•S 1643 IS

1 ‘‘(A) the recognized governing body of an

2 Indian tribe;

3 ‘‘(B) the legally established organization of

4 Indians that is controlled, sanctioned, or char5 tered by the recognized governing body of an

6 Indian tribe;

7 ‘‘(C) a legally established organization of

8 Indians that is democratically elected by the

9 adult members of the Indian community to be

10 served by such organization and that includes

11 the maximum participation of Indians in all

12 phases of the activities of the organization; and

13 ‘‘(D) a public or nonprofit private organi14 zation that is primarily controlled by and com15 prised of Indians or Indian tribes.

16 ‘‘SEC. 507. AUTHORIZATION OF APPROPRIATIONS.

17 ‘‘(a) IN GENERAL.—There are authorized to be ap18 propriated to carry out this title such sums as may be

19 necessary for fiscal year 1996.

20 ‘‘(b) PROGRAM YEAR AND EXTENSIONS.—

21 ‘‘(1) PROGRAM YEAR.—Amounts appropriated

22 under subsection (a) for a fiscal year shall be used

23 during the annual period that—
33

•S 1643 IS

1 ‘‘(A) begins on July 1 of the calendar year

2 immediately following the beginning of such fis3 cal year; and

4 ‘‘(B) ends on June 30 of the following cal5 endar year.

6 ‘‘(2) EXTENSIONS.—The Secretary may extend

7 the period during which such amounts may be obli8 gated or expended in the case of a particular organi9 zation or agency receiving funds under this title if

10 the Secretary determines that such extension is nec11 essary to ensure the effective use of such funds by

12 such organization or agency. Any such extension

13 shall be for a period of not more than 60 days after

14 the end of such annual period.’’.

15 (b) TECHNICAL AND CONFORMING AMENDMENTS.—

16 (1) Section 102(1) (42 U.S.C. 3002(1)) is

17 amended by striking all that follows ‘‘Services’’ and

18 inserting a period.

19 (2) The second sentence of section 201(a) (42

20 U.S.C. 3011(a)) is amended by striking ‘‘Except for

21 title V, the’’ and inserting ‘‘The’’.

22 (3) Section 203(a)(3)(A) (42 U.S.C.

23 3013(a)(3)(A)) is amended by inserting ‘‘(as in ef24 fect on the day before the date of enactment of the
34

•S 1643 IS

1 Older Americans Amendments of 1995)’’ after

2 ‘‘507’’.

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

4 1965.

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

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

7 ‘‘SECTION 1. SHORT TITLE.

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

9 of 1965’.

10 ‘‘SEC. 2. TABLE OF CONTENTS.

11 ‘‘The table of contents for this Act is as follows:

‘‘Sec. 1. Short title.

‘‘Sec. 2. Table of contents.

‘‘TITLE I—GENERAL PROVISIONS

‘‘Subtitle A—Core Objectives and Definitions

‘‘Sec. 101. Core objectives.

‘‘Sec. 102. Definitions.

‘‘Subtitle B—Administration

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

‘‘Sec. 112. Functions of the Assistant Secretary.

‘‘Sec. 113. Reports.

‘‘Sec. 114. Reduction of paperwork.

‘‘Sec. 115. Surplus property eligibility.

‘‘Sec. 116. Treatment of costs.

‘‘Sec. 117. Disaster relief.

‘‘Sec. 118. Authorization of appropriations.

‘‘Subtitle C—Funding

‘‘Sec. 121. Allotments; Federal share.

‘‘Sec. 122. Authorization of appropriations.

‘‘Sec. 123. Additional funds available for nutrition services.

‘‘TITLE II—STATE PROGRAMS ON AGING

‘‘Subtitle A—General Provisions

‘‘Sec. 201. Eligibility of States.

‘‘Sec. 202. State plans.
35

•S 1643 IS

‘‘Sec. 203. Planning, coordination, evaluation, and administration of State

plans.

‘‘Sec. 204. Payments.

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

‘‘Sec. 211. Establishment.

‘‘Sec. 212. Requirements for State long-term care ombudsman program.

‘‘Subtitle C—Senior Community Service Employment Program

‘‘Sec. 221. Short title.

‘‘Sec. 222. Definitions.

‘‘Sec. 223. Senior community service employment program.

‘‘Sec. 224. Participants not Federal employees.

‘‘Sec. 225. Employment assistance and Federal housing and food stamp

programs.

‘‘Subtitle D—Disease Prevention and Health Promotion

‘‘Sec. 231. Establishment of grant program.

‘‘Sec. 232. Distribution to area agencies on aging.

‘‘TITLE III—LOCAL PROGRAMS ON AGING

‘‘Subtitle A—General Provisions

‘‘Sec. 301. Eligibility of local organizations.

‘‘Sec. 302. Area plans.

‘‘Subtitle B—Supportive Services and Senior Centers

‘‘Sec. 311. Program authorized.

‘‘Subtitle C—Nutrition Services

‘‘Sec. 321. Program authorized.

‘‘Sec. 322. Additional requirements.

‘‘TITLE IV—NATIVE AMERICAN PROGRAMS ON AGING

‘‘Sec. 401. Grants for services to Native Americans.

‘‘Sec. 402. Applications for grants.

‘‘Sec. 403. Distribution of funds among eligible organizations.

‘‘Sec. 404. Surplus educational facilities.

‘‘Sec. 405. Administration.

‘‘Sec. 406. Payments.

‘‘Sec. 407. Authorization of appropriations.
36

•S 1643 IS

1 ‘‘TITLE I—GENERAL PROVISIONS

2 ‘‘Subtitle A—Core Objectives and

3 Definitions

4 ‘‘SEC. 101. CORE OBJECTIVES.

5 ‘‘It is the purpose of this Act to fulfill the responsibil6 ity of the United States to assist older individuals to re7 main living independently and with dignity for as long as

8 possible in their communities, and to encourage and assist

9 State agencies, area agencies on aging, and Indian tribes

10 in concentrating resources and collaborating with the pri11 vate sector in order to—

12 ‘‘(1) develop greater capacity, and foster the de13 velopment and implementation of comprehensive and

14 coordinated systems to serve older individuals, by

15 entering into cooperative arrangements in each State

16 for the planning and provision of supportive services

17 (including services to support multipurpose senior

18 centers), nutrition services, and employment and vol19 unteer services; and

20 ‘‘(2) achieve core objectives consisting of—

21 ‘‘(A) securing and maintaining maximum

22 independence and dignity in a home environ23 ment for older individuals capable of self-care

24 with appropriate supportive services and nutri25 tion services;
37

•S 1643 IS

1 ‘‘(B) removing individual and social bar2 riers to personal independence for older individ3 uals;

4 ‘‘(C) promoting a continuum of care for

5 vulnerable older individuals;

6 ‘‘(D) fostering ways for older individuals to

7 receive managed in-home and community-based

8 long-term care services;

9 ‘‘(E) ensuring that older individuals will be

10 protected against abuse, neglect, and exploi11 tation; and

12 ‘‘(F) promoting employment opportunities

13 and community services for older individuals.

14 ‘‘SEC. 102. DEFINITIONS.

15 ‘‘As used in this Act:

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

17 when the term is used as part of the term ‘drug and

18 alcohol abuse’) the willful—

19 ‘‘(A) infliction of injury, unreasonable con20 finement, intimidation, or cruel punishment

21 with resulting physical harm, pain, or mental

22 anguish; or

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

24 caregiver, of goods or services that are nec-
38

•S 1643 IS

1 essary to avoid physical harm, mental anguish,

2 or mental illness.

3 ‘‘(2) ADMINISTRATION.—The term ‘Administra4 tion’ means the Administration on Aging.

5 ‘‘(3) ADULT CHILD WITH A DISABILITY; ADULT

6 CHILDREN WITH DISABILITIES.—

7 ‘‘(A) ADULT CHILD WITH A DISABILITY.—

8 The term ‘adult child with a disability’ means

9 a child who—

10 ‘‘(i) is 18 years of age or older;

11 ‘‘(ii) is financially dependent on an

12 older individual who is a parent of the

13 child; and

14 ‘‘(iii) has a disability.

15 ‘‘(B) ADULT CHILDREN WITH DISABIL16 ITIES.—The term ‘adult children with disabil17 ities’ means more than 1 adult child with a dis18 ability.

19 ‘‘(4) ALASKA NATIVE.—The term ‘Alaska Na20 tive’ means an individual who is a member of an

21 Alaska Native organization.

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

23 term ‘Alaska Native organization’ means a Native

24 village, regional corporation, or village corporation,

25 as defined in or established pursuant to the Alaska
39

•S 1643 IS

1 Native Claims Settlement Act (43 U.S.C. 1601 et

2 seq.), that is recognized as eligible for the special

3 programs and services provided by the United States

4 to Alaska Natives because of their status as Alaska

5 Natives.

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

7 agency on aging’ means an area agency on aging

8 designated under section 201(a)(2)(A), a State

9 agency performing the functions of an area agency

10 on aging as the result of a designation of the entire

11 State as a single planning and service area, or a

12 State agency that is administering a program under

13 section 302(c)(3) (for purposes of provisions relating

14 to such program).

15 ‘‘(7) ASSISTANT SECRETARY.—The term ‘As16 sistant Secretary’ means the Assistant Secretary for

17 Aging.

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

19 ‘assistive technology’ means technology, an engineer20 ing methodology, or a scientific principle, appro21 priate to meet the needs of, and address the barriers

22 confronted by, older individuals with functional limi23 tations.

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

25 ‘board and care facility’ means an institution regu-
40

•S 1643 IS

1 lated by a State pursuant to section 1616(e) of the

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

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

4 an individual who has the responsibility for the care

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

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

7 operation of law.

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

9 means a family member or other individual who pro10 vides (on behalf of such individual or of a public or

11 nonprofit private agency, organization, or institu12 tion) uncompensated care to an older individual who

13 needs supportive services.

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

15 ‘case management service’—

16 ‘‘(A) means assessment, development, and

17 implementation, carried out in cooperation with

18 an older individual (or the caregiver or care19 taker of the individual, where appropriate), of a

20 care plan—

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

22 experienced in the case management skills

23 that are required to deliver the services

24 and coordination described in subpara25 graph (B); and
41

•S 1643 IS

1 ‘‘(ii) to assess the needs, and to ar2 range, coordinate, and monitor an opti3 mum package of services to meet the

4 needs, of the older individual; and

5 ‘‘(B) includes services and coordination

6 such as—

7 ‘‘(i) comprehensive assessment of the

8 older individual (including the physical,

9 psychological, environmental, economic,

10 and social needs of the individual);

11 ‘‘(ii) development and implementation

12 of a service plan with the older individual

13 to mobilize the formal and informal re14 sources and services identified in the as15 sessment, including assistive technology, to

16 meet the needs of the older individual, in17 cluding coordination of the resources and

18 services—

19 ‘‘(I) with the services identified

20 in any other plans that exist for var21 ious formal services, such as hospital

22 discharge plans; and

23 ‘‘(II) with the information and

24 assistance services provided under this

25 Act;
42

•S 1643 IS

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, in5 cluding assistive technology, are being pro6 vided;

7 ‘‘(iv) periodic reassessment and revi8 sion of the status of the older individual

9 with—

10 ‘‘(I) the older individual; or

11 ‘‘(II) if appropriate, a caregiver

12 or caretaker of the older individual;

13 and

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

15 the older individual, advocacy on behalf of

16 the older individual for needed services or

17 resources.

18 ‘‘(13) CHILD.—The term ‘child’ means (except

19 when the term appears as part of the term ‘adult

20 child with a disability’) an individual who is less

21 than 18 years of age.

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

24 ‘‘(A) social, health, welfare, and edu25 cational services (particularly literacy tutoring);
43

•S 1643 IS

1 ‘‘(B) legal and other counseling services

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

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

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

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

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

12 ‘‘(G) weatherization activities;

13 ‘‘(H) economic development; and

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

16 regulation, may require.

17 ‘‘(15) COMPREHENSIVE AND COORDINATED

18 SYSTEM.—The term ‘comprehensive and coordinated

19 system’ means a system for providing all necessary

20 supportive services, including nutrition services, in a

21 manner designed to—

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

24 services provided within the geographic area

25 served by such system by any public or non-
44

•S 1643 IS

1 profit private agency, organization, or institu2 tion;

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

4 use of supportive services and nutrition services

5 in meeting the needs of older individuals;

6 ‘‘(C) use available resources efficiently and

7 with a minimum of duplication; and

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

10 meeting the service needs of older individuals to

11 assist the older individuals on a voluntary basis.

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

13 means (except when the term is used as part of the

14 term ‘severe disability’, ‘developmental disabilities’,

15 ‘physical and mental disabilities’, or ‘physical dis16 abilities’) a condition attributable to a mental or

17 physical impairment, or a combination of mental and

18 physical impairments, that results in substantial

19 functional limitations in 1 or more of the following

20 major life activities:

21 ‘‘(A) Self-care.

22 ‘‘(B) Use of receptive and expressive lan23 guage.

24 ‘‘(C) Learning.

25 ‘‘(D) Achievement of mobility.
45

•S 1643 IS

1 ‘‘(E) Self-direction.

2 ‘‘(F) Independent living.

3 ‘‘(G) Achievement of economic self-suffi4 ciency.

5 ‘‘(H) Cognitive functioning.

6 ‘‘(I) Emotional adjustment.

7 ‘‘(17) ELDER ABUSE, NEGLECT, AND EXPLOI8 TATION.—The term ‘elder abuse, neglect, and exploi9 tation’ means abuse, neglect, and exploitation, of an

10 older individual.

11 ‘‘(18) EXPLOITATION.—The term ‘exploitation’

12 means the illegal or improper act or process of an

13 individual, including a caregiver, using the resources

14 of an older individual for monetary or personal bene15 fit, profit, or gain.

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

17 means an entity that maximizes the collocation and

18 coordination of services for older individuals.

19 ‘‘(20) FRAIL.—The term ‘frail’ means, with re20 spect to an older individual in a State, that the older

21 individual is determined to be functionally impaired

22 because the individual—

23 ‘‘(A)(i) is unable to perform at least 2 ac24 tivities of daily living without substantial
46

•S 1643 IS

1 human assistance, including verbal reminding,

2 physical cueing, or supervision; or

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

4 to perform at least 3 such activities without

5 such assistance; or

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

7 impairment, requires substantial supervision be8 cause the individual behaves in a manner that

9 poses a serious health or safety hazard to the

10 individual or to another individual.

11 ‘‘(21) GREATEST ECONOMIC NEED.—The term

12 ‘greatest economic need’ means the need resulting

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

14 ‘‘(22) GREATEST SOCIAL NEED.—The term

15 ‘greatest social need’ means the need caused by non16 economic factors that include—

17 ‘‘(A) physical and mental disabilities;

18 ‘‘(B) language barriers; and

19 ‘‘(C) cultural, social, or geographical isola20 tion, including isolation caused by racial or eth21 nic status, that—

22 ‘‘(i) restricts the ability of an individ23 ual to perform normal daily tasks; or

24 ‘‘(ii) threatens the capacity of the in25 dividual to live independently.
47

•S 1643 IS

1 ‘‘(23) IN-HOME SERVICES.—The term ‘in-home

2 services’ includes—

3 ‘‘(A) homemaker and home health aides;

4 ‘‘(B) visiting and telephone reassurance;

5 ‘‘(C) chore maintenance;

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

7 adult day-care as a respite service for families;

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

9 necessary to facilitate the ability of older indi10 viduals to remain at home and that is not avail11 able under programs carried out under other

12 Acts, except that not more than $150 per client

13 may be expended under this Act for such modi14 fication;

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

19 202; and

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

21 the area plan submitted in accordance with

22 section 302.

23 ‘‘(24) INDIAN.—The term ‘Indian’ means—

24 ‘‘(A) except as used in title IV, an individ25 ual who is a member of an Indian tribe; and
48

•S 1643 IS

1 ‘‘(B) as used in title IV, an individual who

2 is a member of an Indian tribe, as defined in

3 paragraph (25)(B).

4 ‘‘(25) INDIAN TRIBE.—The term ‘Indian tribe’

5 means—

6 ‘‘(A) except as used in title IV, any tribe,

7 band, nation, or other organized group or com8 munity that is—

9 ‘‘(i) recognized as eligible for the spe10 cial programs and services provided by the

11 United States to Indians because of their

12 status as Indians; or

13 ‘‘(ii) located on, or in proximity to, a

14 Federal reservation or rancheria; and

15 ‘‘(B) as used in title IV, any tribe, band,

16 nation, or other organized group or community

17 that is recognized as eligible for the special pro18 grams and services provided by the United

19 States to Indians because of their status as In20 dians.

21 ‘‘(26) INFORMATION AND ASSISTANCE SERV22 ICE.—The term ‘information and assistance service’

23 means a service for older individuals that—

24 ‘‘(A) provides the individuals with current

25 information (as of the date the information is
49

•S 1643 IS

1 provided) on opportunities and services avail2 able to the individuals within their communities,

3 including information relating to assistive tech4 nology;

5 ‘‘(B) assesses the problems and capacities

6 of the individuals;

7 ‘‘(C) links the individuals to the opportuni8 ties and services that are available;

9 ‘‘(D) educates the individuals about insur10 ance benefits and public benefits (including var11 ious health care benefit options available to

12 qualified medicare beneficiaries, as defined in

13 section 1905(p) of the Social Security Act (42

14 U.S.C. 1396d(p)), within an area, such as fee15 for-service options, health maintenance organi16 zation and other managed care options, and

17 benefits through medicare supplemental poli18 cies);

19 ‘‘(E) to the maximum extent practicable,

20 ensures that the individuals receive the services

21 needed by the individuals, and are aware of the

22 opportunities available to the individuals, by es23 tablishing adequate followup procedures; and

24 ‘‘(F) serves an entire community of older

25 individuals, particularly—
50

•S 1643 IS

1 ‘‘(i) older individuals with greatest so2 cial need; and

3 ‘‘(ii) older individuals with greatest

4 economic need.

5 ‘‘(27) INSURANCE BENEFIT.—The term ‘insur6 ance benefit’ means a benefit under—

7 ‘‘(A) the medicare program established

8 under title XVIII of the Social Security Act (42

9 U.S.C. 1395 et seq.);

10 ‘‘(B) the medicaid program established

11 under title XIX of the Social Security Act (42

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

13 ‘‘(C) a public or private insurance pro14 gram;

15 ‘‘(D) a medicare supplemental policy; or

16 ‘‘(E) a pension plan.

17 ‘‘(28) LEGAL ASSISTANCE.—The term ‘legal as18 sistance’—

19 ‘‘(A) means legal advice and representation

20 provided by an attorney to an older individual

21 with economic or social needs; and

22 ‘‘(B) includes—

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

24 or other appropriate assistance by a para25 legal or law student under the direct su-
51

•S 1643 IS

1 pervision of an attorney to such an older

2 individual; and

3 ‘‘(ii) counseling or representation by a

4 nonlawyer where permitted by law to such

5 an older individual.

6 ‘‘(29) LONG-TERM CARE FACILITY.—The term

7 ‘long-term care facility’ means—

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

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

10 (42 U.S.C. 1395i–3(a));

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

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

13 U.S.C. 1396r(a));

14 ‘‘(C) as used in section 212, a board and

15 care facility; and

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

17 a facility or institution described in subpara18 graph (A), (B), or (C).

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

20 used with respect to an individual, means an individ21 ual who is a member of a family that has income

22 that is not more than 150 percent of the poverty

23 line.

24 ‘‘(31) MEDICARE SUPPLEMENTAL POLICY.—

25 The term ‘medicare supplemental policy’ has the
52

•S 1643 IS

1 meaning given the term in section 1882(g)(1) of the

2 Social Security Act (42 U.S.C. 1395ss(g)(1)).

3 ‘‘(32) MULTIPURPOSE SENIOR CENTER.—The

4 term ‘multipurpose senior center’ means a commu5 nity facility for the organization and provision of a

6 broad spectrum of services, which may include the

7 provision of health (including mental health), social,

8 nutritional, and educational services and the provi9 sion of facilities for recreational activities, for older

10 individuals.

11 ‘‘(33) NATIVE AMERICAN.—The term ‘Native

12 American’ means—

13 ‘‘(A) an Indian;

14 ‘‘(B) an Alaska Native; or

15 ‘‘(C) a Native Hawaiian.

16 ‘‘(34) NATIVE HAWAIIAN.—The term ‘Native

17 Hawaiian’ means any individual any of whose ances18 tors were natives of the area that consists of the Ha19 waiian Islands prior to 1778.

20 ‘‘(35) NEGLECT.—The term ‘neglect’ means—

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

22 goods or services that are necessary to avoid

23 physical harm, mental anguish, or mental ill24 ness; or
53

•S 1643 IS

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

2 the goods or services.

3 ‘‘(36) NONPROFIT.—The term ‘nonprofit’, used

4 with respect to any agency, institution, or organiza5 tion, means an agency, institution, or organization

6 that is, or is owned and operated by, 1 or more cor7 porations or associations no part of the net earnings

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

9 of any private shareholder or individual.

10 ‘‘(37) NUTRITION SERVICES.—The term ‘nutri11 tion services’ means the services authorized to be

12 provided through a project carried out under subtitle

13 C of title III (including similar services provided

14 under title IV).

15 ‘‘(38) OLDER INDIVIDUAL.—The term ‘older in16 dividual’ means—

17 ‘‘(A) except as used in subtitle C of title

18 II, an individual who is 60 years of age or

19 older; and

20 ‘‘(B) as used in subtitle C of title II, an

21 individual who is 55 years of age or older.

22 ‘‘(39) PENSION PLAN.—The term ‘pension plan’

23 means an employee pension benefit plan, as defined

24 in section 3(2) of the Employee Retirement Income

25 Security Act of 1974 (29 U.S.C. 1002(2)).
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1 ‘‘(40) PHYSICAL HARM.—The term ‘physical

2 harm’ means bodily injury, bodily impairment, or

3 disease.

4 ‘‘(41) PLANNING AND SERVICE AREA.—The

5 term ‘planning and service area’ means an area des6 ignated by a State agency under section

7 201(a)(1)(E), including a single planning and serv8 ice area described in section 301(a)(1)(E).

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

10 means the poverty line (as defined by the Office of

11 Management and Budget, and revised annually by

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

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

14 9902(2)) applicable to a family of the size involved.

15 ‘‘(43) PUBLIC BENEFIT.—The term ‘public ben16 efit’ means a benefit under—

17 ‘‘(A) the Federal Old-Age, Survivors, and

18 Disability Insurance Benefits programs under

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

20 401 et seq.);

21 ‘‘(B) the medicare program established

22 under title XVIII of the Social Security Act, in23 cluding benefits as a qualified medicare bene24 ficiary, as defined in section 1905(p) of the So25 cial Security Act (42 U.S.C. 1396d(p));
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•S 1643 IS

1 ‘‘(C) the medicaid program established

2 under title XIX of the Social Security Act;

3 ‘‘(D) the program established under the

4 Food Stamp Act of 1977 (7 U.S.C. 2011 et

5 seq.);

6 ‘‘(E) the program established under the

7 Low-Income Home Energy Assistance Act of

8 1981 (42 U.S.C. 8621 et seq.);

9 ‘‘(F) the supplemental security income pro10 gram established under title XVI of the Social

11 Security Act (42 U.S.C. 1381 et seq.); or

12 ‘‘(G) a program determined to be appro13 priate by the Assistant Secretary.

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

15 ‘representative payee’ means a person who is ap16 pointed by a governmental entity to receive, on be17 half of an older individual who is unable to manage

18 funds by reason of a physical or mental incapacity,

19 any funds owed to such individual by such entity.

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

21 means the Secretary of Health and Human Services.

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

23 disability’ means a severe, chronic disability attrib24 utable to a mental or physical impairment, or a com25 bination of mental and physical impairments, that—
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•S 1643 IS

1 ‘‘(A) is likely to continue indefinitely; and

2 ‘‘(B) results in substantial functional limi3 tation in 3 or more of the major life activities

4 specified in subparagraphs (A) through (I) of

5 paragraph (16).

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

7 the several States, the District of Columbia, the

8 Commonwealth of Puerto Rico, Guam, American

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

10 the Commonwealth of the Northern Mariana Is11 lands.

12 ‘‘(48) STATE AGENCY.—The term ‘State agen13 cy’ means the agency designated under section

14 201(a)(1).

15 ‘‘(49) SUPPORTIVE SERVICE.—The term ‘sup16 portive service’ means a service described in section

17 311.

18 ‘‘(50) TRIBAL ORGANIZATION.—

19 ‘‘(A) IN GENERAL.—Except as used in title

20 IV, the term ‘tribal organization’ means—

21 ‘‘(i) the recognized governing body of

22 an Indian tribe;

23 ‘‘(ii) the legally established organiza24 tion of Indians that is controlled, sanc-
57

•S 1643 IS

1 tioned, or chartered by the recognized gov2 erning body of an Indian tribe;

3 ‘‘(iii) a legally established organization

4 of Indians that is democratically elected by

5 the adult members of the Indian commu6 nity to be served by such organization and

7 that includes the maximum participation of

8 Indians in all phases of the activities of the

9 organization; and

10 ‘‘(iv) a public or nonprofit private or11 ganization that is primarily controlled by

12 and comprised of Indians or Indian tribes.

13 ‘‘(B) TITLE IV.—

14 ‘‘(i) DEFINITION.—As used in title

15 IV, the term ‘tribal organization’ means—

16 ‘‘(I) the recognized governing

17 body of an Indian tribe;

18 ‘‘(II) the legally established orga19 nization of Indians that is controlled,

20 sanctioned, or chartered by the recog21 nized governing body of an Indian

22 tribe; and

23 ‘‘(III) a legally established orga24 nization of Indians that is democrat25 ically elected by the adult members of
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•S 1643 IS

1 the Indian community to be served by

2 such organization and that includes

3 the maximum participation of Indians

4 in all phases of the activities of the

5 organization.

6 ‘‘(ii) CLARIFICATION.—As used in this

7 subparagraph, the terms ‘Indian’ and ‘In8 dian tribe’ have the meanings given the

9 terms in paragraphs (24)(B) and (25)(B),

10 respectively.

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

13 government’ means a political subdivision of a State,

14 whose authority is general and not limited to only 1

15 function or combination of related functions.

16 ‘‘Subtitle B—Administration

17 ‘‘SEC. 111. ESTABLISHMENT OF ADMINISTRATION ON

18 AGING.

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

20 Office of the Secretary, an Administration on Aging,

21 which shall be headed by an Assistant Secretary for Aging.

22 This Act shall be administered through the Administra23 tion, acting under the supervision of the Secretary.
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•S 1643 IS

1 ‘‘(b) ASSISTANT SECRETARY.—The Assistant Sec2 retary shall be appointed by the President by and with

3 the advice and consent of the Senate.

4 ‘‘(c) DESIGNATION RELATING TO THE ADMINISTRA5 TION OF THE STATE LONG-TERM CARE OMBUDSMAN

6 PROGRAM.—The Assistant Secretary shall designate an

7 employee of the Administration who shall be responsible,

8 under the supervision of the Assistant Secretary, for the

9 administration of the State long-term care ombudsman

10 program carried out under this Act.

11 ‘‘(d) DESIGNATION RELATING TO THE ADMINISTRA12 TION OF THE SENIOR COMMUNITY SERVICE EMPLOY13 MENT PROGRAM.—The Assistant Secretary shall des14 ignate an employee of the Administration who shall be re15 sponsible, under the supervision of the Assistant Sec16 retary, for the administration of subtitle C of title II.

17 ‘‘(e) DESIGNATION RELATING TO THE ADMINISTRA18 TION OF NUTRITION SERVICES.—

19 ‘‘(1) IN GENERAL.—The Assistant Secretary

20 shall designate an employee of the Administration

21 who shall be responsible, under the supervision of

22 the Assistant Secretary, for the administration of

23 subtitle C of title III.

24 ‘‘(2) QUALIFICATIONS.—The employee de25 scribed in paragraph (1) shall—
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•S 1643 IS

1 ‘‘(A) have expertise in nutrition and die2 tary services and planning; and

3 ‘‘(B)(i) be a registered dietitian;

4 ‘‘(ii) be a credentialed nutrition profes5 sional; or

6 ‘‘(iii) have education and training that is

7 substantially equivalent to the education and

8 training for a registered dietitian or a

9 credentialed nutrition professional.

10 ‘‘(f) DESIGNATION RELATING TO THE ADMINISTRA11 TION OF PROGRAMS AFFECTING NATIVE AMERICANS.—

12 The Assistant Secretary shall designate an employee of

13 the Administration who has expertise with respect to pro14 grams and services affecting Native Americans, to be re15 sponsible, under the supervision of the Assistant Sec16 retary, for the administration of title IV and for coordina17 tion of other programs, projects, and activities carried out

18 under this Act that affect Native Americans.

19 ‘‘SEC. 112. FUNCTIONS OF THE ASSISTANT SECRETARY.

20 ‘‘(a) DUTIES.—The duties of the Assistant Secretary

21 are as follows:

22 ‘‘(1) ADMINISTRATION.—The Assistant Sec23 retary shall effectively carry out this Act by admin24 istering grants made and contracts entered into
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•S 1643 IS

1 under this Act, and carrying out programs under

2 this Act.

3 ‘‘(2) TECHNICAL ASSISTANCE TO STATES, PO4 LITICAL SUBDIVISIONS, AND TRIBAL ORGANIZA5 TIONS.—The Assistant Secretary shall provide tech6 nical assistance to, and consult with, States, political

7 subdivisions of States, and tribal organizations, with

8 respect to programs for older individuals and aging.

9 ‘‘(3) ASSISTANCE TO SECRETARY.—The Assist10 ant Secretary shall directly assist the Secretary in

11 all matters pertaining to problems of older individ12 uals and aging.

13 ‘‘(4) COORDINATION OF AND ASSISTANCE IN

14 PLANNING.—The Assistant Secretary shall coordi15 nate, and assist in, the planning and development by

16 public agencies (including Federal, State, and local

17 agencies and tribal organizations) and private agen18 cies and organizations of programs for older individ19 uals to facilitate the establishment of a nationwide

20 network of comprehensive, coordinated services, and

21 opportunities, for older individuals.

22 ‘‘(5) STATISTICAL DATA REGARDING ASSISTED

23 ACTIVITIES.—The Assistant Secretary shall collect,

24 for each fiscal year beginning after September 30,

25 1996, directly or by contract, statistical data regard-
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•S 1643 IS

1 ing services and activities provided with funds made

2 available under this Act, including—

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

4 activity provided with such funds (except any

5 service or activity relating to the State long6 term care ombudsman program described in

7 subtitle B of title II)—

8 ‘‘(i) the aggregate amount of such

9 funds expended to provide such service or

10 activity ;

11 ‘‘(ii) the unduplicated number of indi12 viduals who received such service or par13 ticipated in such activity;

14 ‘‘(iii) the unduplicated number of mi15 nority individuals who received such service

16 or participated in such activity; and

17 ‘‘(iv) the number of units of such

18 service or activity provided;

19 ‘‘(B)(i) State long-term care ombudsman

20 program data, including numbers, types, and

21 disposition of cases and complaints;

22 ‘‘(ii) major institutional care issues identi23 fied and addressed by the State long-term care

24 ombudsman program; and
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•S 1643 IS

1 ‘‘(iii) data on the statewide program devel2 opment, operations, and outreach of such pro3 gram; and

4 ‘‘(C) the number of multipurpose senior

5 centers that received such funds.

6 ‘‘(6) UNIFORM DATA COLLECTION PROCE7 DURES.—The Assistant Secretary, in order to facili8 tate the collection of data described in paragraph

9 (5), shall, not later than 1 year after the date of en10 actment of the Older Americans Amendments of

11 1996—

12 ‘‘(A) design and implement uniform data

13 collection procedures for use by State agencies,

14 including—

15 ‘‘(i) standardized data collection pro16 cedures;

17 ‘‘(ii) procedures for collecting infor18 mation on gaps in services needed by older

19 individuals, as identified by service provid20 ers who assist older individuals by provid21 ing, collectively, supportive services and

22 nutrition services; and

23 ‘‘(iii) procedures for assessing the

24 unmet need for services provided under

25 this Act; and
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•S 1643 IS

1 ‘‘(B) prescribe uniform definitions and no2 menclature for the categories of data to be col3 lected (including standard definitions of terms,

4 such as the term ‘resolution of a complaint’, to

5 be used under the State long-term care om6 budsman program described in subtitle B of

7 title II).

8 ‘‘(7) ADVOCACY.—The Assistant Secretary shall

9 serve as the effective and visible advocate for older

10 individuals, within the Department of Health and

11 Human Services and with other departments, agen12 cies, and instrumentalities of the Federal Govern13 ment by maintaining active review of and comment14 ing on all Federal policies affecting older individuals.

15 ‘‘(8) INFORMATION ON COMMUNITY RE16 SOURCES.—The Assistant Secretary shall establish

17 and operate, directly or by grant or contract, a na18 tionwide toll-free telephone line that provides infor19 mation and assistance that—

20 ‘‘(A) enable individuals to locate commu21 nity resources that may be available to older in22 dividuals and their caregivers; and

23 ‘‘(B) build on, support, and are fully co24 ordinated with the activities of State agencies

25 and area agencies on aging.
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•S 1643 IS

1 ‘‘(b) FEDERAL AGENCY CONSULTATION.—The As2 sistant Secretary, in carrying out the purpose and provi3 sions of this Act, shall coordinate activities with, advise,

4 consult with, and cooperate with the head of each depart5 ment, agency, or instrumentality of the Federal Govern6 ment proposing or administering a program or service sub7 stantially related to the purpose of this Act, with respect

8 to such program or service. The Assistant Secretary, in

9 carrying out this Act, may request the technical assistance

10 and cooperation of the heads of such departments, agen11 cies, and instrumentalities of the Federal Government as

12 the Assistant Secretary considers to be appropriate. The

13 head of each department, agency, or instrumentality of the

14 Federal Government proposing to establish or modify any

15 program or service substantially related to the purpose of

16 this Act shall coordinate activities, consult, and cooperate

17 with the Assistant Secretary, with respect to such program

18 or service.

19 ‘‘(c) POWERS.—In carrying out this Act, the Assist20 ant Secretary may exercise the following powers:

21 ‘‘(1) CONSULTATION; TECHNICAL ASSIST22 ANCE.—The Assistant Secretary may consult with

23 and provide technical assistance to public or non24 profit private agencies, organizations, and institu25 tions.
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1 ‘‘(2) TRAINING; TECHNICAL INSTRUCTION.—

2 The Assistant Secretary may provide short-term

3 training and technical instruction.

4 ‘‘(3) GRANTS AND CONTRACTS.—

5 ‘‘(A) IN GENERAL.—The Assistant Sec6 retary, using funds appropriated under section

7 118(b)(1), may make grants to States, public or

8 nonprofit private agencies, organizations, and

9 institutions, and tribal organizations, and may

10 enter into contracts with such agencies, organi11 zations, and institutions, and with individuals,

12 for activities—

13 ‘‘(i) to design, to test, and to promote

14 utilization of innovative ideas and best

15 practices in programs and services for

16 older individuals;

17 ‘‘(ii) to help meet the needs for

18 trained personnel in fields related to aging;

19 and

20 ‘‘(iii) to increase the awareness of citi21 zens of all ages of the need to assume per22 sonal responsibility for their aging

23 through—

24 ‘‘(I) education and training to

25 develop an adequately trained
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•S 1643 IS

1 workforce to work with and on behalf

2 of older individuals;

3 ‘‘(II) research and policy analysis

4 to improve access to and delivery of

5 services for older individuals;

6 ‘‘(III) development of methods

7 and practices to improve quality and

8 effectiveness of such services;

9 ‘‘(IV) demonstration of new ap10 proaches to design, delivery, and co11 ordination of services and activities

12 for older individuals;

13 ‘‘(V) technical assistance in plan14 ning, development, implementation,

15 evaluation, and improvement of pro16 grams, projects, and activities under

17 this Act; and

18 ‘‘(VI) dissemination of informa19 tion on issues related to aging and

20 their impact on individuals and soci21 ety and information relating to serv22 ices and activities benefiting older in23 dividuals.

24 ‘‘(B) APPLICATION.—To be eligible to re25 ceive a grant or enter into a contract under this
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•S 1643 IS

1 paragraph, an entity or individual shall submit

2 an application to the Assistant Secretary at

3 such time, in such form, and containing such

4 information as the Secretary may by rule re5 quire.

6 ‘‘(4) MEASUREMENT AND EVALUATION.—

7 ‘‘(A) IN GENERAL.—The Assistant Sec8 retary may provide for the measurement and

9 evaluation of—

10 ‘‘(i) the impact of all activities author11 ized under this Act;

12 ‘‘(ii) the effectiveness of the activities

13 in achieving stated goals of the activities,

14 in general and in relation to the cost of the

15 activities;

16 ‘‘(iii) the impact of the activities on

17 related programs;

18 ‘‘(iv) the effectiveness of the activities

19 in targeting for services under this Act

20 older individuals with the greatest eco21 nomic need and older individuals with the

22 greatest social need; and

23 ‘‘(v) the structure and mechanisms of

24 the activities for delivery of services, in25 cluding, where appropriate, comparisons
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•S 1643 IS

1 with delivery of services to appropriate

2 control groups, composed of persons who

3 have not participated in such activities.

4 ‘‘(B) PERSONS CONDUCTING MEASURE5 MENT AND EVALUATION.—Measurement and

6 evaluation of activities under subparagraph (A)

7 shall be conducted by persons who are not im8 mediately involved in the administration of the

9 activities.

10 ‘‘(5) NATIONAL CENTER ON ELDER ABUSE.—

11 The Assistant Secretary may provide, through

12 grants or contracts, for the operation of a National

13 Center on Elder Abuse (referred to in this para14 graph as the ‘Center’) to—

15 ‘‘(A) annually compile, publish, and dis16 seminate a summary of recently conducted re17 search on elder abuse, neglect, and exploitation;

18 ‘‘(B) develop and maintain an information

19 clearinghouse on all programs (including private

20 programs) showing promise of success, for the

21 prevention, identification, and treatment of

22 elder abuse, neglect, and exploitation;

23 ‘‘(C) compile, publish, and disseminate

24 training materials for personnel who are en25 gaged or intend to engage in the prevention,
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•S 1643 IS

1 identification, and treatment of elder abuse, ne2 glect, and exploitation;

3 ‘‘(D) provide technical assistance to State

4 agencies and to other public and nonprofit pri5 vate agencies and organizations to assist the

6 agencies and organizations in planning, improv7 ing, developing, and carrying out programs and

8 activities relating to the special problems of

9 elder abuse, neglect, and exploitation; and

10 ‘‘(E) conduct research and demonstration

11 projects regarding the causes, prevention, iden12 tification, and treatment of elder abuse, neglect,

13 and exploitation.

14 ‘‘SEC. 113. REPORTS.

15 ‘‘(a) IN GENERAL.—Not later than 120 days after

16 the end of each fiscal year beginning after September 30,

17 1996, the Assistant Secretary shall prepare and submit

18 to the President and to Congress a complete report on

19 the programs, projects, and activities carried out under

20 this Act in such fiscal year.

21 ‘‘(b) CONTENTS.—Such report shall include—

22 ‘‘(1) statistical data on services and activities

23 provided under this Act for older individuals during

24 the fiscal year for which such report is submitted;
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•S 1643 IS

1 ‘‘(2) statistical data collected under section

2 112(a)(5); and

3 ‘‘(3) statistical data, and an analysis of infor4 mation, regarding the effectiveness of the State

5 agencies and area agencies on aging in targeting

6 services to older individuals with greatest economic

7 need and older individuals with greatest social need,

8 with particular attention to low-income minority in9 dividuals.

10 ‘‘SEC. 114. REDUCTION OF PAPERWORK.

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

13 in consultation with State agencies and other appropriate

14 agencies and organizations, shall continually review and

15 evaluate all requests by employees of the Administration

16 for information under this Act and shall take such action

17 as may be necessary to reduce the paperwork required

18 under this Act. The Assistant Secretary shall request only

19 such information as the Assistant Secretary determines to

20 be essential to carry out the purpose and provisions of this

21 Act and, in gathering such information, shall make use

22 of uniform definitions and nomenclature to the extent that

23 such definitions and nomenclature are available.
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1 ‘‘SEC. 115. SURPLUS PROPERTY ELIGIBILITY.

2 ‘‘Any State or local government agency, and any non3 profit private organization or institution, that receives

4 funds appropriated for an activity for older individuals

5 under this Act, under title IV or XX of the Social Security

6 Act (42 U.S.C. 601 et seq. or 1397 et seq.), under title

7 VIII or X of the Economic Opportunity Act of 1964 (42

8 U.S.C. 2991 et seq. or 2996 et seq.), or under the Com9 munity Services Block Grant Act (42 U.S.C. 9901 et

10 seq.), shall be deemed eligible to receive for such activity,

11 property that is declared surplus to the needs of the Fed12 eral Government in accordance with laws applicable to sur13 plus property.

14 ‘‘SEC. 116. TREATMENT OF COSTS.

15 ‘‘No part of the costs of any activity carried out

16 under this Act may be treated as income or benefits of

17 any eligible individual (other than any wage or salary to

18 such individual) for the purpose of any other activity or

19 provision of Federal or State law.

20 ‘‘SEC. 117. DISASTER RELIEF.

21 ‘‘(a) RESERVATION OF AMOUNTS.—At the beginning

22 of each fiscal year, the Assistant Secretary shall reserve

23 a portion equal to .06 percent of the total amount appro24 priated under subsections (d) and (e) of section 122 for

25 such fiscal year, to provide assistance to entities under

26 this section.
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•S 1643 IS

1 ‘‘(b) ASSISTANCE.—The Assistant Secretary may

2 provide assistance to eligible entities for the delivery of

3 supportive services, nutrition services, and related supplies

4 during any major disaster declared by the President under

5 the Robert T. Stafford Disaster Relief and Emergency As6 sistance Act (42 U.S.C. 5122 et seq.).

7 ‘‘(c) ELIGIBLE ENTITIES.—To be eligible to receive

8 assistance under this section, an entity shall be a recipient

9 of funding under this Act (other than this section).

10 ‘‘(d) APPLICATIONS.—To be eligible to receive assist11 ance under this section, an entity shall submit an applica12 tion to the Assistant Secretary at such time, in such man13 ner, and containing such information as the Assistant Sec14 retary may require.

15 ‘‘(e) UNUSED FUNDS.—Funds that are reserved

16 under subsection (a) for a fiscal year and that are not

17 distributed by the end of the fiscal year shall be allotted

18 to States as provided in section 121(c), for use in the fol19 lowing fiscal year.

20 ‘‘(f) CLARIFICATION.—Nothing in this section shall

21 be construed to prohibit recipients of assistance under this

22 section from making expenditures for disaster relief for

23 older individuals, in excess of amounts provided under this

24 section, by using funds made available to the recipients
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•S 1643 IS

1 under another section of this Act, under another provision

2 of Federal or State law, or from a private source.

3 ‘‘SEC. 118. AUTHORIZATION OF APPROPRIATIONS.

4 ‘‘(a) ADMINISTRATION.—There are authorized to be

5 appropriated to the Administration to carry out this Act

6 (except to make grants and enter into contracts under

7 paragraph (3) or (5) of section 112(c) and to carry out

8 section 112(a)(8)) such sums as may be necessary for fis9 cal years 1997 through 2001.

10 ‘‘(b) INNOVATIVE APPROACHES AND BEST PRAC11 TICES; INFORMATION ON COMMUNITY RESOURCES; NA12 TIONAL CENTER ON ELDER ABUSE.—There are author13 ized to be appropriated to the Administration to carry out

14 paragraphs (3) and (5) of section 112(c) and section

15 112(a)(8) such sums as may be necessary for fiscal years

16 1997 through 2001.

17 ‘‘Subtitle C—Funding

18 ‘‘SEC. 121. ALLOTMENTS; FEDERAL SHARE.

19 ‘‘(a) ALLOTMENT OF FUNDS FOR OMBUDSMAN PRO20 GRAM.—

21 ‘‘(1) POPULATION.—In carrying out the pro22 gram described in subtitle B of title II, the Assistant

23 Secretary shall initially allot to each State, from the

24 funds appropriated under section 122(a) for each

25 fiscal year, an amount that bears the same ratio to
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•S 1643 IS

1 the funds as the population of older individuals in

2 the State bears to the population of older individuals

3 in all States.

4 ‘‘(2) MINIMUM ALLOTMENTS.—

5 ‘‘(A) IN GENERAL.—After making the ini6 tial allotments described in paragraph (1), the

7 Assistant Secretary shall adjust the allotments

8 on a pro rata basis in accordance with subpara9 graph (B).

10 ‘‘(B) GENERAL MINIMUM ALLOTMENTS.—

11 No State shall be allotted less than one-half of

12 1 percent of the funds appropriated under sec13 tion 122(a) for the fiscal year for which the de14 termination is made.

15 ‘‘(C) DEFINITION.—For the purposes of

16 this paragraph, the term ‘State’ does not in17 clude Guam, American Samoa, the United

18 States Virgin Islands, and the Commonwealth

19 of the Northern Mariana Islands.

20 ‘‘(b) ALLOTMENT OF FUNDS FOR SENIOR COMMU21 NITY SERVICE EMPLOYMENT PROGRAM.—

22 ‘‘(1) RESERVATION OF FUNDS FOR TRIBAL OR23 GANIZATIONS.—Of the amount appropriated under

24 section 122(b) for each of fiscal years 1997 through

25 2001, the Assistant Secretary shall reserve not more
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•S 1643 IS

1 than 1.3 percent for making grants under subtitle C

2 of title II to tribal organizations.

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

4 1997 THROUGH 2001.—

5 ‘‘(A) ALLOTMENT.—After reserving funds

6 under paragraph (1), the Assistant Secretary

7 shall allot the remainder of the amount appro8 priated under section 122(b) for each of fiscal

9 years 1997 through 2001 among the States as

10 follows:

11 ‘‘(i) FISCAL YEARS 1997 THROUGH

12 1999.—For each of fiscal years 1997, 1998,

13 and 1999—

14 ‘‘(I) the product of the remainder

15 for such fiscal year and the base per16 centage rate for such fiscal year shall

17 be allotted among the States propor18 tionately based on their respective

19 shares of the funds appropriated for

20 fiscal year 1995 and allotted for the

21 States to carry out title V (as in ef22 fect on the day before the date of en23 actment of the Older Americans

24 Amendments of 1996); and
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•S 1643 IS

1 ‘‘(II) the balance of the amount

2 appropriated under section 122(b) for

3 such fiscal year shall be allotted in ac4 cordance with subparagraph (C).

5 ‘‘(ii) FISCAL YEARS 2000 AND 2001.—

6 After reserving funds under paragraph (1),

7 the Assistant Secretary shall allot the bal8 ance of the amount appropriated under

9 section 122(b) for each of fiscal years

10 2000 and 2001 in accordance with sub11 paragraph (C).

12 ‘‘(B) BASE PERCENTAGE RATES.—For

13 purposes of subparagraph (A)(i)(I), the base

14 percentage rates shall be the following:

‘‘Fiscal year: Base percentage rate:

1997 ......................................................................................... 60 percent

1998 ......................................................................................... 40 percent

1999 ......................................................................................... 20 percent.

15 ‘‘(C) ALLOTMENTS BASED ON AGE AND

16 PER CAPITA INCOME.—Each balance referred to

17 in clauses (i)(II) and (ii) of subparagraph (A)

18 shall be allotted as follows:

19 ‘‘(i) ALLOTMENT.—Subject to clause

20 (ii), each State shall be allotted the

21 amount that bears the same ratio to the

22 balance as the product of the number of

23 individuals 55 years of age or older in the
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•S 1643 IS

1 State and the allotment percentage of the

2 State bears to the sum of the correspond3 ing products for all the States.

4 ‘‘(ii) REDUCTION.—The amounts al5 lotted under clause (i) shall be reduced

6 proportionately to the extent necessary to

7 increase other allotments made under such

8 clause to achieve the following:

9 ‘‘(I) STATES.—Each State shall

be allotted not less than 1 10 ⁄2 of 1 per11 cent of the balance for the fiscal year

12 for which the determination is made.

13 ‘‘(II) OTHER JURISDICTIONS.—

14 Guam, American Samoa, the Virgin

15 Islands of the United States, and the

16 Commonwealth of the Northern Mari17 ana Islands shall each be allotted not

less than 1 18 ⁄4 of 1 percent of the bal19 ance for the fiscal year for which the

20 determination is made or $50,000,

21 whichever is greater.

22 ‘‘(D) ALLOTMENT PERCENTAGE.—For

23 purposes of subparagraph (C)(i)—

24 ‘‘(i) except as provided in clauses (ii)

25 through (iv), the allotment percentage of
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•S 1643 IS

1 each State shall be 100 percent less the

2 percentage that bears the same ratio to 50

3 percent as the per capita income of the

4 State bears to the per capita income of all

5 the States;

6 ‘‘(ii) the allotment percentage for each

7 State shall be not more than 75 percent

and not less than 331 8 ⁄3 percent;

9 ‘‘(iii) the allotment percentage for

10 Guam, American Samoa, the Virgin Is11 lands of the United States, and the Com12 monwealth of the Northern Mariana Is13 lands shall be 75 percent; and

14 ‘‘(iv) subject to clause (ii), the allot15 ment percentage for a State whose allot16 ment percentage is not adjusted under

17 clause (ii) or (iii) shall be adjusted propor18 tionately to the extent necessary to achieve

19 the percentages required under such

20 clauses.

21 ‘‘(E) LIMITATION.—For purposes of sub22 paragraphs (C)(ii)(I) and (D)(i), the term

23 ‘State’ does not include Guam, American

24 Samoa, the Virgin Islands of the United States,
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•S 1643 IS

1 or the Commonwealth of the Northern Mariana

2 Islands.

3 ‘‘(F) POPULATION AND PER CAPITA IN4 COME DETERMINATIONS.—For purposes of this

5 paragraph, the number of individuals 55 years

6 of age or older in each State, and the per capita

7 income of each State, shall be determined by

8 the Assistant Secretary on the basis of the most

9 recent data available from the Bureau of the

10 Census and other reliable demographic data

11 satisfactory to the Assistant Secretary.

12 ‘‘(c) ALLOTMENT OF FUNDS FOR SUPPORTIVE SERV13 ICES AND MULTIPURPOSE SENIOR CENTERS, AND NUTRI14 TION SERVICES.—

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

16 1997 THROUGH 2001.—

17 ‘‘(A) ALLOTMENT.—Subject to subpara18 graphs (B) and (C), after reserving funds under

19 section 117, the Assistant Secretary shall allot

20 the remainder of the sum of the amounts ap21 propriated under subsections (d) and (e) of sec22 tion 122 for each of fiscal years 1997 through

23 2001 among the States as follows:
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•S 1643 IS

1 ‘‘(i) FISCAL YEARS 1997 THROUGH

2 2000.—For each of fiscal years 1997, 1998,

3 1999, and 2000—

4 ‘‘(I) the product of such remain5 der for such fiscal year and the base

6 percentage rate for such fiscal year

7 shall be allotted among the States

8 proportionately based on their respec9 tive shares of the funds appropriated

10 for fiscal year 1996 and allotted for

11 the States to carry out titles III and

12 VII (as in effect on the day before the

13 date of enactment of the Older Ameri14 cans Amendments of 1996); and

15 ‘‘(II) the balance of such remain16 der for such fiscal year shall be allot17 ted among the States proportionately

18 based on their respective shares of the

19 population of individuals 60 years of

20 age or older in the States.

21 ‘‘(ii) BASE PERCENTAGE RATES.—For

22 purposes of clause (i)(I), the base percent23 age rates shall be the following:

‘‘Fiscal year: Base percentage rate:

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

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

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

2000 ......................................................................................... 20 percent.
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•S 1643 IS

1 ‘‘(iii) FISCAL YEAR 2001.—Such re2 mainder for fiscal year 2001 shall be allot3 ted among the States proportionately

4 based on their respective shares of the pop5 ulation of individuals 60 years of age or

6 older in the States.

7 ‘‘(B) REDUCTION.—The amounts allotted

8 under subparagraph (A) shall be reduced pro9 portionately to the extent necessary to increase

10 other allotments made under such subpara11 graph to achieve the following:

12 ‘‘(i) STATES.—Each State shall be allotted not less than 1 13 ⁄2 of 1 percent of the

14 remainder described in subparagraph (A)

15 for the fiscal year for which the determina16 tion is made.

17 ‘‘(ii) GUAM; VIRGIN ISLANDS.—Guam

18 and the Virgin Islands of the United

19 States shall each be allotted not less than

1 20 ⁄4 of 1 percent of the remainder described

21 in subparagraph (A) for the fiscal year for

22 which the determination is made.

23 ‘‘(iii) AMERICAN SAMOA; NORTHERN

24 MARIANA ISLANDS.—American Samoa and

25 the Commonwealth of the Northern Mari-
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•S 1643 IS

1 ana Islands shall each be allotted not less

than 1 2 ⁄16 of 1 percent of the remainder de3 scribed in subparagraph (A) for the fiscal

4 year for which the determination is made.

5 ‘‘(C) LIMITATION.—For the purposes of

6 subparagraph (B)(i), the term ‘State’ does not

7 include Guam, American Samoa, the Virgin Is8 lands of the United States, and the Common9 wealth of the Northern Mariana Islands.

10 ‘‘(D) POPULATION DETERMINATIONS.—

11 For purposes of this paragraph, the number of

12 individuals 60 years of age or older in each

13 State shall be determined by the Assistant Sec14 retary on the basis of the most recent data

15 available from the Bureau of the Census and

16 other reliable demographic data satisfactory to

17 the Assistant Secretary.

18 ‘‘(2) FEDERAL SHARE REQUIREMENT.—

19 ‘‘(A) IN GENERAL.—A State that receives

20 an allotment under this subsection for a fiscal

21 year shall use funds made available through the

22 allotment to pay for the Federal share of the

23 cost of carrying out subtitles B and C of title

24 III for such fiscal year.
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•S 1643 IS

1 ‘‘(B) FEDERAL SHARE.—The Federal

2 share of the cost of carrying out such subtitles

3 shall be not more than 85 percent.

4 ‘‘(C) NON-FEDERAL SHARE.—The non5 Federal share of such cost shall be contributed

6 in cash or in kind. In determining the amount

7 of the non-Federal share, the Assistant Sec8 retary may attribute fair market value to serv9 ices and facilities contributed from non-Federal

10 sources.

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

12 ‘‘(1) ADMINISTRATION OF STATE PLANS.—

13 ‘‘(A) STATES.—Except as provided in sub14 paragraph (B), an amount equal to the greater

15 of 5 percent, or $500,000, of the aggregate of

16 the allotments made to a State under sub17 sections (a) and (c) for a fiscal year shall be

18 available to the State to use for such fiscal year

19 in accordance with section 203(a).

20 ‘‘(B) OTHER JURISDICTIONS.—In the case

21 of allotments made under subsections (a) and

22 (c) to Guam, American Samoa, the Virgin Is23 lands of the United States, or the Common24 wealth of the Northern Mariana Islands, an

25 amount equal to the greater of 5 percent, or
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•S 1643 IS

1 $100,000, of the aggregate of such allotments

2 for a fiscal year shall be available to the State

3 to use for such fiscal year in accordance with

4 section 203(a).

5 ‘‘(2) APPLICATION TO USE ADDITIONAL

6 FUNDS.—

7 ‘‘(A) DETERMINATION.—If a State sub8 mits an application in which the State requests

9 permission to use additional funds, above the

10 amount that would otherwise be permitted

11 under paragraph (1), from the aggregate of the

12 allotments described in paragraph (1)(A) in ac13 cordance with section 203(a), the Assistant Sec14 retary may approve the application if the As15 sistant Secretary determines, based on a par16 ticularized showing of need, that—

17 ‘‘(i) the State will be unable to fully

18 and effectively administer the State plan of

19 the State submitted under section 202 and

20 to carry out programs, projects, and activi21 ties authorized under subtitle B of title II,

22 and subtitles B and C of title III, unless

23 the additional funds are made available by

24 the Assistant Secretary;
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•S 1643 IS

1 ‘‘(ii) the State is making full and ef2 fective use of the allotments described in

3 paragraph (1)(A) and of the personnel of

4 the State agency and area agencies on

5 aging in the administration of the State

6 plan in accordance with section 203(a);

7 and

8 ‘‘(iii) the State agency and area agen9 cies on aging are carrying out, on a full10 time basis, programs, projects, and activi11 ties that are in furtherance of the objec12 tives of subtitle B of title II and subtitles

13 B and C of title III.

14 ‘‘(B) PART OF ADDITIONAL FUNDS.—Sub15 ject to subparagraph (C), the Assistant Sec16 retary may approve any part of the additional

17 funds requested in such application that the As18 sistant Secretary determines is justified in such

19 application.

20 ‘‘(C) LIMIT ON AMOUNT.—The additional

21 funds available under this paragraph to a par22 ticular State for any fiscal year may not exceed

3 23 ⁄4 of 1 percent of the aggregate of the allot24 ments described in paragraph (1)(A) that are

25 provided to the State for such fiscal year.
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•S 1643 IS

1 ‘‘(D) ASSURANCES.—

2 ‘‘(i) IN GENERAL.—The Assistant

3 Secretary may not approve an application

4 submitted under subparagraph (A) by a

5 State unless the application contains the

6 assurance described in clause (ii).

7 ‘‘(ii) PROHIBITION ON REPLACEMENT

8 OF EMPLOYEES WITH PARTICIPANTS SUP9 PORTED UNDER THIS ACT.—The applica10 tion shall contain an assurance that the

11 State will not use any funds made avail12 able under this subsection for the uses de13 scribed in subparagraph (A) to hire any in14 dividual to fill a job opening created by an

15 action of the State that consists of laying

16 off or terminating the employment of any

17 regular employee not supported under this

18 Act in anticipation of filling the job open19 ing so created by hiring a participant to be

20 supported through use of such funds.

21 ‘‘(3) ADDITIONAL USE.—Of the amount that is

22 made available to a State through allotments made

23 under subsections (a) and (c) for a fiscal year and

24 that remains after the application of paragraphs (1)

25 and (2), such part as the State agency determines
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•S 1643 IS

1 to be appropriate, but not more than 10 percent of

2 such remaining amount, may be used to pay such

3 percentage as the State agency determines to be ap4 propriate, but not more than 85 percent, of the ad5 ministrative costs incurred to carry out area plans

6 submitted in accordance with section 302.

7 (4) OMBUDSMAN PROGRAM.—Of the amount

8 that is made available to a State for supportive serv9 ices (including services to support multipurpose sen10 ior centers) through an allotment made under sub11 section (c) for a fiscal year and that remains after

12 the application of paragraphs (1), (2), and (3), such

13 amount as the State agency determines to be ade14 quate for conducting an effective ombudsman pro15 gram in accordance with subtitle B of title II shall

16 be available for conducting such program.

17 ‘‘(5) REALLOTMENT.—If any part of the

18 amount allotted under a subsection of this section to

19 a State for a fiscal year is not distributed to the

20 State for such fiscal year, such part shall be reallot21 ted under such subsection for such fiscal year to the

22 remaining eligible States.

23 ‘‘SEC. 122. AUTHORIZATION OF APPROPRIATIONS.

24 ‘‘(a) STATE LONG-TERM CARE OMBUDSMAN PRO25 GRAM.—There are authorized to be appropriated to carry
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•S 1643 IS

1 out subtitle B of title II, such sums as may be necessary

2 for fiscal years 1997 through 2001.

3 ‘‘(b) SENIOR COMMUNITY SERVICE EMPLOYMENT

4 PROGRAM.—There are authorized to be appropriated to

5 carry out subtitle C of title II, such sums as may be nec6 essary for fiscal years 1997 through 2001.

7 ‘‘(c) DISEASE PREVENTION AND HEALTH PRO8 MOTION.—There are authorized to be appropriated to

9 carry out subtitle D of title II, such sums as may be nec10 essary for fiscal years 1997 through 2001.

11 ‘‘(d) SUPPORTIVE SERVICES AND SENIOR CEN12 TERS.—There are authorized to be appropriated to carry

13 out subtitle B of title III, such sums as may be necessary

14 for fiscal years 1997 through 2001.

15 ‘‘(e) NUTRITION SERVICES.—There are authorized to

16 be appropriated to carry out subtitle C of title III, such

17 sums as may be necessary for fiscal years 1997 through

18 2001.

19 ‘‘(f) PROGRAM YEAR AND EXTENSIONS.—

20 ‘‘(1) PROGRAM YEAR.—Amounts appropriated

21 under subsection (b) for any fiscal year shall be used

22 during the annual period that—

23 ‘‘(A) begins on July 1 of the calendar year

24 immediately following the beginning of such fis25 cal year; and
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•S 1643 IS

1 ‘‘(B) ends on June 30 of the following cal2 endar year.

3 ‘‘(2) EXTENSIONS.—If, in accordance with sec4 tion 121(d)(5), any part of an allotment is reallotted

5 to a State for a fiscal year, such part shall be con6 sidered to be a portion of the appropriate allotment

7 of the State for the fiscal year, but shall remain

8 available until the end of the succeeding fiscal year.

9 ‘‘SEC. 123. ADDITIONAL FUNDS AVAILABLE FOR NUTRITION

10 SERVICES.

11 ‘‘(a) FUNDS AVAILABLE.—There are authorized to be

12 appropriated to the Secretary of Agriculture (in addition

13 to the amount appropriated to the Secretary of Health and

14 Human Services under section 122(e)) to provide nutrition

15 services under subtitle C of title III $156,625,000 for fis16 cal year 1997 and such sums as may be necessary for fis17 cal years 1998 through 2001.

18 ‘‘(b) DIVISION OF FUNDS.—The Secretary of Agri19 culture shall divide the funds that are made available

20 under subsection (a) so that—

21 ‘‘(1) 98.9 percent of such funds is allotted to

22 States in accordance with subsection (c) to provide

23 nutrition services under subtitle C of title III; and

24 ‘‘(2) the balance is available to make grants

25 under title IV to provide nutrition services.
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•S 1643 IS

1 ‘‘(c) ALLOTMENT.—In providing funds for nutrition

2 services under subsection (b)(1) for a fiscal year, the Sec3 retary of Agriculture shall determine a per meal rate equal

4 to the amount appropriated under subsection (a) for the

5 fiscal year, divided by the number of meals served in the

6 preceding fiscal year. The Secretary of Agriculture shall

7 allot to each State, for the fiscal year for which the deter8 mination is made, the product of the per meal rate and

9 the number of meals served in the State in the preceding

10 fiscal year.

11 ‘‘(d) RECEIPT OF COMMODITIES IN LIEU OF CASH.—

12 A State or area agency on aging that receives funds allot13 ted under subsection (b)(1), or a recipient of a grant re14 ferred to in subsection (b)(2), may elect to enter into an

15 agreement with the Secretary of Agriculture to purchase

16 commodities with all or part of such funds or of the funds

17 made available through such grant, through authorities in18 cluding section 32 of the Act entitled ‘‘An Act to amend

19 the Agricultural Adjustment Act, and for other purposes’’,

20 approved August 24, 1935 (7 U.S.C. 612c), section 416

21 of the Agricultural Act of 1949 (7 U.S.C. 1431), and sec22 tion 709 of the Food and Agriculture Act of 1965 (7

23 U.S.C. 1446a–1).
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1 ‘‘TITLE II—STATE PROGRAMS ON

2 AGING

3 ‘‘Subtitle A—General Provisions

4 ‘‘SEC. 201. ELIGIBILITY OF STATES.

5 ‘‘(a) ELIGIBILITY OF STATES.—For a State to be eli6 gible to receive funds allotted under subsection (a) or (c)

7 of section 121, or assistance available under section 123

8 or 231—

9 ‘‘(1) the State shall, in accordance with rules is10 sued 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 202;

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 activities

20 specified in the State plan and related to carry21 ing out subtitles B and C, and subtitles B and

22 C of title III;

23 ‘‘(D) serve as an effective and visible advo24 cate for older individuals by reviewing and com25 menting on all State plans, budgets, and poli-
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•S 1643 IS

1 cies that affect older individuals, and provide

2 technical assistance to any agency, organiza3 tion, or association representing the needs of

4 older individuals; and

5 ‘‘(E) except as provided in subsection (c)—

6 ‘‘(i) divide the State into distinct

7 planning and service areas, after consider8 ing—

9 ‘‘(I) the geographical distribution

10 of older individuals in the State;

11 ‘‘(II) the incidence of the need

12 for supportive services (including serv13 ices to support multipurpose senior

14 centers) and nutrition services;

15 ‘‘(III) the distribution of older in16 dividuals who have the greatest eco17 nomic need or the greatest social

18 need;

19 ‘‘(IV) the distribution of re20 sources available to provide the serv21 ices and centers described in

22 subclause (II);

23 ‘‘(V) the boundaries of existing

24 (as of the date of the division) plan-
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•S 1643 IS

1 ning and service areas within the

2 State;

3 ‘‘(VI) the characteristics of the

4 local government within the State;

5 and

6 ‘‘(VII) other relevant factors; or

7 ‘‘(ii) designate the entire State as a

8 single planning and service area; and

9 ‘‘(2) the State agency shall—

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

11 each planning and service area;

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

13 and administration of the State plan for any

14 fiscal year, the views of—

15 ‘‘(i) recipients of services through the

16 State long-term care ombudsman program,

17 community service employment, supportive

18 services, or nutrition services, as the case

19 may be, provided under such plan; and

20 ‘‘(ii) individuals using multipurpose

21 senior centers provided under such plan;

22 ‘‘(C) after consultation with area agencies

23 on aging and using the best available data, de24 velop and publish for review and comment a

25 formula for distribution within the State of
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•S 1643 IS

1 funds received to carry out subtitles B and C

2 of title III that takes into account—

3 ‘‘(i) the geographical distribution of

4 older individuals in the State; and

5 ‘‘(ii) the distribution among planning

6 and service areas of older individuals with

7 greatest economic need and older individ8 uals with greatest social need; and

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

10 will give preference, in providing services under

11 subtitles B and C, and subtitles B and C of

12 title III, to older individuals with greatest eco13 nomic need and older individuals with greatest

14 social need, with particular attention to low-in15 come minority individuals, and include in the

16 State plan proposed methods of carrying out

17 the preference.

18 ‘‘(b) DUE PROCESS.—

19 ‘‘(1) IN GENERAL.—A State agency shall estab20 lish and publish, after consultation with area agen21 cies on aging, procedures that the State agency shall

22 follow to provide due process to affected parties if

23 the State agency initiates an action or proceeding to

24 change the designation of any designated planning
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•S 1643 IS

1 and service area or of any designated area agency

2 on aging.

3 ‘‘(2) PROCEDURES.—At a minimum, such pro4 cedures shall include procedures for—

5 ‘‘(A) providing notice of an action to

6 change the designation of a designated planning

7 and service area or of a designated area agency

8 on aging;

9 ‘‘(B) providing documentation of the need

10 for such action; and

11 ‘‘(C) at the request of the area agency on

12 aging, conducting a public hearing concerning

13 such action.

14 ‘‘(c) GRANDFATHER PROVISION.—A State that on or

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

16 of the Commissioner on Aging, a single planning and serv17 ice area covering all of the older individuals in the State,

18 in which the State agency was administering the area

19 plan, may after such date designate 1 or more additional

20 planning and service areas within the State to be adminis21 tered by public or nonprofit private agencies, organiza22 tions, or institutions as area agencies on aging. The State

23 agency shall continue to perform the functions of an area

24 agency on aging for any area of the State not included
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•S 1643 IS

1 in a planning and service area for which an area agency

2 on aging has been designated.

3 ‘‘(d) INTERSTATE PLANNING AND SERVICE

4 AREAS.—The chief executive officer of each State that

5 contains a region of an interstate geographic area or of

6 an interstate Indian reservation, may apply to the Assist7 ant Secretary to request redesignation of the geographic

8 area or reservation as an interstate planning and service

9 area. If the Assistant Secretary approves the application,

10 the Assistant Secretary shall adjust the allotment of each

11 State containing a region of the interstate planning and

12 service area, to reflect the number of older individuals

13 within the region.

14 ‘‘(e) NONDESIGNATION OF INDIAN RESERVATIONS.—

15 If a State declines to designate an Indian reservation as

16 a planning and service area, the Indian tribe residing on

17 the reservation may appeal the decision of the State to

18 the Assistant Secretary. The Assistant Secretary may

19 order the State to designate the Indian reservation as a

20 planning and service area as a condition of receiving fund21 ing under this Act.

22 ‘‘SEC. 202. STATE PLANS.

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

24 grants from the allotment made for the State under sub25 section (a), (b), or (c) of section 121, or assistance avail-
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•S 1643 IS

1 able under section 123 or 231, for any fiscal year, shall

2 prepare and submit to the Assistant Secretary a State

3 plan, which incorporates input from area agencies on

4 aging in the State, for a 2-, 3-, or 4-year period deter5 mined by the State agency, with such annual revisions as

6 are necessary. Each such plan shall comply with all of the

7 following requirements:

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

9 shall contain assurances that the State plan will be

10 based on area plans developed by area agencies on

11 aging within the State and that the State will pre12 pare and distribute a uniform format for use by area

13 agencies on aging in developing area plans under

14 section 302.

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

16 shall provide that each such area agency on aging

17 will prepare, develop, and submit to the State agen18 cy for approval an area plan that complies with sec19 tion 302.

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

21 the State agency will establish a grievance procedure

22 that will afford an opportunity for a hearing on re23 quest to any area agency on aging submitting a plan

24 under section 302, to any provider of a service under

25 such a plan, or to any applicant to provide a service
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•S 1643 IS

1 under such a plan. The State agency shall establish

2 and publish the procedures for requesting and con3 ducting such hearing.

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

5 CONFLICTS OF INTEREST.—

6 ‘‘(A) FISCAL CONTROL AND FUND AC7 COUNTING PROCEDURES.—The plan shall pro8 vide a satisfactory assurance that the State will

9 adopt such fiscal control and fund accounting

10 procedures as may be necessary to assure prop11 er disbursement of, and accounting for, funds

12 made available through allotments made under

13 subsections (a), (b), and (c) of section 121, and

14 assistance made available under section 123 or

15 231, to the State, including any such funds

16 paid to the recipients of a grant or contract

17 with the State.

18 ‘‘(B) CONFLICTS OF INTEREST.—The plan

19 shall provide assurances that—

20 ‘‘(i) no individual (appointed or other21 wise) involved in the designation of the

22 State agency or an area agency on aging

23 in the State, or in the designation of the

24 head of the State agency, such an area

25 agency on aging, or any subdivision of the
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•S 1643 IS

1 State agency or of such an area agency on

2 aging, is subject to a conflict of interest

3 prohibited under this Act;

4 ‘‘(ii) no officer, employee, or other

5 representative of the State agency or an

6 area agency on aging in the State is sub7 ject to a conflict of interest prohibited

8 under this Act; and

9 ‘‘(iii) mechanisms are in place to iden10 tify and remove conflicts of interest prohib11 ited under this Act.

12 ‘‘(C) INTEGRITY; PUBLIC PURPOSE; EN13 HANCEMENT.—The plan shall provide assur14 ances that the State agency and each area

15 agency on aging in the State will—

16 ‘‘(i) maintain the integrity and public

17 purpose of service providers utilized, and

18 services provided, under the State plan in

19 all contractual and commercial relation20 ships; and

21 ‘‘(ii) demonstrate that the quantity or

22 quality of the services to be provided under

23 the State plan will be enhanced as a result

24 of such contract or such relationship.
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•S 1643 IS

1 ‘‘(5) INFORMATION AND ASSISTANCE SERV2 ICES.—

3 ‘‘(A) IN GENERAL.—It shall be a primary

4 responsibility of the State agency to ensure that

5 the plan provides for establishing and maintain6 ing information and assistance services in suffi7 cient numbers to ensure, to the maximum ex8 tent practicable, that all older individuals in the

9 State who are not furnished adequate informa10 tion and assistance services under section

11 302(a)(3) will have reasonably convenient ac12 cess to such services.

13 ‘‘(B) INSURANCE BENEFITS AND PUBLIC

14 BENEFITS.—The plan shall contain an assur15 ance that each area agency on aging in the

16 State, in providing information and assistance

17 services—

18 ‘‘(i) will carry out a program for pro19 vision of outreach, counseling, and assist20 ance to aid older individuals in obtaining

21 insurance benefits and public benefits; and

22 ‘‘(ii) will expend, to carry out the pro23 gram, a specific percentage, stated in the

24 State plan, of the agency’s share of funds
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•S 1643 IS

1 made available under section 122(d) and

2 allotted to the State under section 121(c).

3 ‘‘(6) LIMITATIONS.—

4 ‘‘(A) PROHIBITION ON DIRECT PROVISION

5 OF SERVICES.—Except as provided in subpara6 graphs (B) and (C) and section 302(c)(3), the

7 plan shall provide that no supportive services or

8 nutrition services, including home-delivered

9 services, will be directly provided by the State

10 agency or an area agency on aging.

11 ‘‘(B) ADMINISTRATIVE EXCEPTIONS.—

12 Subparagraph (A) shall not apply when, in the

13 judgment of the State agency—

14 ‘‘(i) provision of services described in

15 subparagraph (A) by the State agency or

16 an area agency on aging is necessary to

17 ensure an adequate supply of such services;

18 ‘‘(ii) such services are directly related

19 to the administrative functions of the State

20 agency or area agency on aging; or

21 ‘‘(iii) such services of comparable

22 quality can be provided more economically

23 by the State agency or area agency on

24 aging.
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•S 1643 IS

1 ‘‘(C) EXCEPTION FOR CERTAIN SERV2 ICES.—Subparagraph (A) shall not apply with

3 respect to information and assistance services,

4 case management services, and outreach.

5 ‘‘(7) STATE LONG-TERM CARE OMBUDSMAN

6 PROGRAM.—The plan shall provide assurances that

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

8 care ombudsman program that complies with all the

9 requirements specified in subtitle B.

10 ‘‘(8) LEGAL ASSISTANCE.—The plan shall con11 tain assurances, with respect to legal assistance,

12 that each area agency on aging in the State will—

13 ‘‘(A) expend, for the delivery of legal as14 sistance, a specific percentage, stated in the

15 State plan, of the agency’s share of funds made

16 available under section 122(d) and allotted to

17 the State under section 121(c); and

18 ‘‘(B)(i) enter into contracts with providers

19 of legal assistance that can demonstrate the ex20 perience or capacity to deliver legal assistance;

21 and

22 ‘‘(ii) attempt to involve private attorneys in

23 legal assistance activities authorized under sub24 title B of title III, including groups among pri25 vate attorneys who are furnishing services to
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•S 1643 IS

1 older individuals on a pro bono basis or on a re2 duced fee basis.

3 ‘‘(9) PREVENTION OF ELDER ABUSE, NEGLECT,

4 AND EXPLOITATION.—Whenever the State desires to

5 provide for programs for the prevention of elder

6 abuse, neglect, and exploitation for a fiscal year, the

7 plan shall—

8 ‘‘(A) contain an assurance that each area

9 agency on aging in the State will expend, to

10 carry out a program for the prevention of elder

11 abuse, neglect, and exploitation, a specific per12 centage, stated in the State plan, of the agen13 cy’s share of funds made available under sec14 tion 122(d) and allotted to the State under sec15 tion 121(c);

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

17 has in effect laws relating to elder abuse, ne18 glect, and exploitation that include provisions

19 for immunity for persons who report instances

20 of elder abuse, neglect, and exploitation, from

21 prosecution under any State or local law arising

22 out of such reporting;

23 ‘‘(C) contain an assurance that individuals

24 who provide services to prevent elder abuse, ne-
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•S 1643 IS

1 glect, and exploitation are trained to effectively

2 deal with such reported instances;

3 ‘‘(D) contain an assurance that involuntary

4 or coerced participation in such program by al5 leged victims, alleged abusers, or members of

6 the households of alleged victims or alleged

7 abusers will not be permitted;

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

9 requires that all information gathered in the

10 course of receiving reports on instances of, and

11 of making referrals relating to, elder abuse, ne12 glect, and exploitation remain confidential ex13 cept—

14 ‘‘(i) if all parties to the complaint that

15 is the subject of the report or referral con16 sent in writing to the release of such infor17 mation;

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

19 is to a law enforcement agency, public pro20 tective service agency, licensing or certifi21 cation agency, ombudsman program, or

22 protection or advocacy system; or

23 ‘‘(iii) upon court order;

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

25 agency will make all reasonable efforts to re-
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1 solve any conflicts with other public agencies

2 with respect to confidentiality of the informa3 tion described in subparagraph (E);

4 ‘‘(G) contain an assurance that the State

5 agency will coordinate the State programs for

6 the prevention of elder abuse, neglect, and ex7 ploitation with—

8 ‘‘(i) law enforcement officials;

9 ‘‘(ii) courts of competent jurisdiction;

10 and

11 ‘‘(iii) entities carrying out other rel12 evant State and local programs, includ13 ing—

14 ‘‘(I) area agencies on aging; and

15 ‘‘(II) agencies that, collectively,

16 administer adult protective services,

17 medicaid fraud and abuse services (in18 cluding services provided by a State

19 medicaid fraud control unit, as de20 fined in section 1903(q) of the Social

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

22 and victim assistance programs, and

23 State agencies responsible for surveys

24 and certification under section
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1 1919(g) of the Social Security Act (42

2 U.S.C. 1396r(g));

3 ‘‘(H) contain an assurance that older indi4 viduals participate in decisions under the pro5 gram regarding their welfare; and

6 ‘‘(I) specify other activities that the State

7 agency determines to be beneficial in the pre8 vention of elder abuse, neglect, and exploitation

9 and intends to carry out under such program.

10 ‘‘(10) OUTREACH.—The plan shall provide as11 surances that the State agency will require outreach

12 efforts that will—

13 ‘‘(A) identify individuals eligible for assist14 ance under subtitle B or C, or under subtitle B

15 or C of title III, with special emphasis on—

16 ‘‘(i) older individuals residing in rural

17 areas;

18 ‘‘(ii) older individuals with greatest

19 economic need;

20 ‘‘(iii) older individuals with greatest

21 social need, with particular attention to

22 low-income minority individuals;

23 ‘‘(iv) older individuals with severe dis24 abilities;
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1 ‘‘(v) older individuals with limited

2 English-speaking ability;

3 ‘‘(vi) older individuals with Alz4 heimer’s disease or related disorders and

5 with neurological or organic brain dysfunc6 tion (and the caretakers of such individ7 uals); and

8 ‘‘(vii) low-income minority older indi9 viduals; and

10 ‘‘(B) inform the older individuals referred

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

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

13 the availability of such assistance.

14 ‘‘(11) INDIVIDUALS WITH DISABILITIES.—The

15 plan shall provide, with respect to the needs of indi16 viduals with disabilities, assurances that the State

17 agency will coordinate planning, identification, as18 sessment of needs, and services for individuals with

19 disabilities (with particular attention to individuals

20 with severe disabilities) with the State agencies with

21 primary responsibility for individuals with disabil22 ities (including severe disabilities).

23 ‘‘(12) COORDINATION OF COMMUNITY-BASED

24 LONG-TERM CARE SERVICES.—The plan shall pro25 vide assurances that area agencies on aging will con-
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1 duct efforts to facilitate the coordination of commu2 nity-based long-term care services, pursuant to sec3 tion 302(a)(5)(G), for older individuals who—

4 ‘‘(A) reside at home and are at risk of in5 stitutionalization because of limitations on their

6 ability to function independently;

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

8 risk of prolonged institutionalization; or

9 ‘‘(C) are patients in long-term care facili10 ties, but who can return to their homes if com11 munity-based services are provided to the indi12 viduals.

13 ‘‘(13) PROHIBITION ON MISUSE OF FUNDS.—

14 The plan shall provide assurances that funds re15 ceived from allotments made under subsections (a),

16 (b), and (c) of section 121, and assistance made

17 available under section 123 or 231, will not be used

18 to pay any part of a cost (including an administra19 tive cost) incurred by the State or an area agency

20 on aging to carry out a contract or commercial ar21 rangement that is not carried out to implement sub22 title B or C, or subtitle B or C of title III.

23 ‘‘(14) COORDINATION OF SERVICES; PROVISION

24 OF MULTIGENERATIONAL SERVICES.—The plan shall
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•S 1643 IS

1 provide assurances that the State will make demon2 strable efforts—

3 ‘‘(A) to coordinate services provided under

4 subtitles B and C, and subtitles B and C of

5 title III, with other State services that benefit

6 older individuals; and

7 ‘‘(B) to provide multigenerational activi8 ties, such as opportunities for older individuals

9 to serve as mentors or advisers in programs

10 that, collectively, provide child care, youth day

11 care, educational assistance, at-risk youth inter12 vention, juvenile delinquency treatment, and

13 family support.

14 ‘‘(15) QUALITY ASSURANCE.—The plan shall

15 include assurances that the State has in effect a

16 mechanism to provide for quality in the provision of

17 services under subtitles B and C, and subtitles B

18 and C of title III.

19 ‘‘(16) COST SHARING.—If the State, after con20 sultation with area agencies on aging and service

21 providers, elects to require cost sharing by recipients

22 of services under the State plan (or to require or

23 permit area agencies on aging to require cost shar24 ing by recipients of services under area plans), the

25 plan shall—
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1 ‘‘(A) provide that no cost sharing shall be

2 required for information and assistance serv3 ices, outreach, benefits counseling, case man4 agement services, or ombudsman or other pro5 tective services;

6 ‘‘(B) exempt from cost-sharing require7 ments low-income individuals, or individuals

8 with incomes below a reasonable low-income

9 threshold set by the State;

10 ‘‘(C) set cost-sharing rates for individuals

11 subject to the requirements on a sliding-fee

12 scale based on income;

13 ‘‘(D) provide that the income of older indi14 viduals will be determined by self-declaration;

15 ‘‘(E) provide that the confidentiality of in16 dividual information related to such cost shar17 ing will be maintained at all times; and

18 ‘‘(F) provide that no older individual will

19 be denied a service under the plan because of

20 inability to pay.

21 ‘‘(17) SOLICITATION OF VOLUNTARY CONTRIBU22 TIONS.—The plan shall provide that the State will

23 permit area agencies on aging to permit service pro24 viders to solicit, for services provided under the plan,

25 voluntary contributions—
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•S 1643 IS

1 ‘‘(A) in amounts that are based on the

2 ability of older individuals to make such con3 tributions; and

4 ‘‘(B) that will be used to increase, or ex5 pand access to, services provided under the

6 plan.

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

8 Secretary shall approve any State plan that fulfills the re9 quirements of subsection (a).

10 ‘‘(c) DISAPPROVAL OF STATE PLAN.—

11 ‘‘(1) DETERMINATION FOLLOWING DUE PROC12 ESS.—The Assistant Secretary shall not make a

13 final determination disapproving any State plan, or

14 any revision of a State plan, or make a final deter15 mination that a State is ineligible under section 201,

16 without first affording the State reasonable notice

17 and an opportunity for a hearing.

18 ‘‘(2) WITHHOLDING OF ASSISTANCE.—

19 ‘‘(A) IN GENERAL.—If the Assistant Sec20 retary makes a determination, in accordance

21 with paragraph (1), disapproving a State plan,

22 the Assistant Secretary shall withhold from the

23 State assistance allotted under subsections (a),

24 (b), and (c) of section 121, and assistance avail-
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•S 1643 IS

1 able under section 123 or 231, for the fiscal

2 year for which such plan is submitted.

3 ‘‘(B) DISBURSAL.—

4 ‘‘(i) ENTITY.—The Assistant Sec5 retary shall disburse the assistance with6 held under subparagraph (A) directly to a

7 public or nonprofit private agency, organi8 zation, or institution, or political subdivi9 sion of the State, that submits and obtains

10 approval of a plan described in clause (ii).

11 ‘‘(ii) PLAN.—The plan referred to in

12 clause (i) shall be submitted and approved

13 in accordance with this section.

14 ‘‘(iii) AUTHORITIES AND REQUIRE15 MENTS.—The Secretary shall issue regula16 tions specifying authorities and require17 ments applicable to States under this Act,

18 including the limitation specified in section

19 121(c)(2), that shall apply with respect to

20 the use of such funds by the agency, orga21 nization, institution, or political subdivision

22 that receives such funds.

23 ‘‘(3) REVIEW BY SECRETARY.—Not later than

24 30 days after such final determination, a State dis25 satisfied with such final determination may appeal
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•S 1643 IS

1 such final determination to the Secretary for review.

2 If the State appeals such final determination in a

3 timely manner in accordance with subsection (e)(1),

4 the Secretary shall dismiss the appeal filed under

5 this paragraph.

6 ‘‘(4) APPELLATE REVIEW OF DECISION BY SEC7 RETARY.—

8 ‘‘(A) IN GENERAL.—If the State is dissat9 isfied with the decision of the Secretary after

10 review under paragraph (3), the State may ap11 peal such decision in a timely manner in ac12 cordance with subsection (e)(1).

13 ‘‘(B) CONSTRUCTION.—For purposes of

14 appellate review under subparagraph (A), a ref15 erence in subsection (e) to the Assistant Sec16 retary shall be deemed to be a reference to the

17 Secretary.

18 ‘‘(d) NOTIFICATION OF STATE OF INELIGIBILITY OR

19 NONCOMPLIANCE.—

20 ‘‘(1) IN GENERAL.—

21 ‘‘(A) FINDING.—The Assistant Secretary

22 shall make the notification described in sub23 paragraph (B) if the Assistant Secretary, after

24 providing reasonable notice and an opportunity

25 for a hearing to the State agency, finds that—
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1 ‘‘(i) the State is not eligible under sec2 tion 201;

3 ‘‘(ii) the State plan has been so re4 vised that the plan no longer complies sub5 stantially with any provision of subsection

6 (a); or

7 ‘‘(iii) in the administration of the plan

8 there is a failure to comply substantially

9 with any provision of subsection (a).

10 ‘‘(B) NOTIFICATION.—

11 ‘‘(i) IN GENERAL.—On making the

12 finding described in subparagraph (A), the

13 Assistant Secretary shall notify the State

14 agency that no further assistance will be

15 provided to the State from the allotment of

16 the State under subsection (a), (b), or (c)

17 of section 121, or under section 123 or

18 231, as appropriate (or, in the discretion

19 of the Assistant Secretary, that further as20 sistance to the State under such subsection

21 or section will be limited to projects under

22 the State plan that are not affected by the

23 noncompliance that is the basis for the

24 finding), until the Assistant Secretary is
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•S 1643 IS

1 satisfied that there will no longer be any

2 ineligibility or failure to comply.

3 ‘‘(ii) WITHHOLDING OF ASSIST4 ANCE.—Until the Assistant Secretary is so

5 satisfied, no further assistance shall be

6 provided to the State from the allotment of

7 the State under subsection (a), (b), or (c)

8 of section 121, or under section 123 or

9 231, as appropriate (or, in the discretion

10 of the Assistant Secretary, further assist11 ance to the State under such subsection or

12 section shall be limited to projects de13 scribed in clause (i) and the remainder of

14 the assistance available for allotment to

15 the State under such subsection or avail16 able to the State under such section shall

17 be withheld).

18 ‘‘(2) USE OF WITHHELD ASSISTANCE.—

19 ‘‘(A) ELIGIBLE ORGANIZATIONS.—The As20 sistant Secretary shall, in accordance with rules

21 the Secretary shall issue, disburse the assist22 ance withheld under paragraph (1)(B)(ii) di23 rectly to a public or nonprofit private agency,

24 organization, or institution, or political subdivi25 sion of the State, that submits and obtains ap-
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•S 1643 IS

1 proval of a plan in accordance with the provi2 sions of this section.

3 ‘‘(B) AUTHORITIES AND REQUIRE4 MENTS.—The Secretary shall issue regulations

5 specifying authorities and requirements applica6 ble to States under this Act, including the limi7 tation specified in section 121(c)(2), that shall

8 apply with respect to the use of such funds by

9 the agency, organization, institution, or political

10 subdivision that receives such funds.

11 ‘‘(e) APPEAL.—

12 ‘‘(1) IN GENERAL.—A State that is dissatisfied

13 with a final action of the Assistant Secretary under

14 subsection (c) or (d) may appeal to the United

15 States court of appeals for the circuit in which the

16 State is located, by filing a petition with such court

17 within 30 days after such final action. A copy of the

18 petition shall be transmitted by the clerk of the

19 court to the Assistant Secretary, or any officer des20 ignated by the Assistant Secretary for such purpose.

21 The Assistant Secretary shall file in the court the

22 record of the proceedings on which the action of the

23 Assistant Secretary is based, as provided in section

24 2112 of title 28, United States Code.

25 ‘‘(2) PROCEDURE.—
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1 ‘‘(A) JURISDICTION.—

2 ‘‘(i) IN GENERAL.—Except as pro3 vided in clause (ii), on the filing of such

4 petition, the court shall have jurisdiction to

5 affirm the order issued by the Assistant

6 Secretary with respect to the action or to

7 set the order aside, in whole or in part,

8 temporarily or permanently.

9 ‘‘(ii) ACTION OF ASSISTANT SEC10 RETARY.—Until the filing of the record,

11 the Assistant Secretary may modify or set

12 aside the order of the Assistant Secretary.

13 ‘‘(B) EVIDENCE.—The findings of the As14 sistant Secretary as to the facts, if supported

15 by substantial evidence, shall be conclusive, but

16 the court for good cause shown may remand the

17 case to the Assistant Secretary to take further

18 evidence, and the Assistant Secretary shall,

19 within 30 days, file in the court the record of

20 the proceedings to obtain such further evidence.

21 The new or modified findings of fact resulting

22 from the proceedings shall likewise be conclu23 sive if supported by substantial evidence.

24 ‘‘(C) REVIEW.—The judgment of the court

25 affirming or setting aside, in whole or in part,
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•S 1643 IS

1 any action of the Assistant Secretary shall be

2 final, subject to review by the Supreme Court

3 of the United States on certiorari or certifi4 cation as provided in section 1254 of title 28,

5 United States Code.

6 ‘‘(3) NO STAY.—The commencement of pro7 ceedings under this subsection shall not operate as

8 a stay of the action of the Assistant Secretary, un9 less such a stay is specifically ordered by the court.

10 ‘‘(f) PRESERVATION OF ATTORNEY-CLIENT PRIVI11 LEGE.—Neither a State, nor a State agency, may require

12 any provider of legal assistance under subtitle B of title

13 III to reveal any information that is protected by the at14 torney-client privilege.

15 ‘‘SEC. 203. PLANNING, COORDINATION, EVALUATION, AND

16 ADMINISTRATION OF STATE PLANS.

17 ‘‘(a) GRANTS FOR STATE ACTIVITIES.—

18 ‘‘(1) COST OF ADMINISTRATION OF STATE

19 PLAN.—Amounts available to a State under para20 graph (1) or (2) of section 121(d) may be used to

21 make a grant to the State to pay such percentage

22 as the State agency determines, but not more than

23 85 percent, of the cost of the administration of the

24 State plan of the State, including—

25 ‘‘(A) the preparation of the State plan;
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•S 1643 IS

1 ‘‘(B) the evaluation of activities carried out

2 under such plan;

3 ‘‘(C) the collection of data and the carry4 ing out of analyses related to the need for sup5 portive services (including services to support

6 multipurpose senior centers), and nutrition

7 services (taking into consideration the compara8 tive need for home-delivered nutrition services,

9 congregate nutrition services, and adult day

10 care nutrition services), within the State, and

11 dissemination of information obtained through

12 the data collection and analyses;

13 ‘‘(D) the provision of short-term training

14 to personnel of public or nonprofit private agen15 cies, organizations, and institutions engaged in

16 the operation of programs, projects, and activi17 ties authorized by subtitle B, and subtitles B

18 and C of title III; and

19 ‘‘(E) the carrying out of demonstration

20 projects of statewide significance relating to the

21 initiation, expansion, or improvement of services

22 and activities provided under subtitle B, and

23 subtitles B and C of title III.

24 ‘‘(2) COST OF ADMINISTRATION OF AREA

25 PLANS.—Any assistance available to a State under
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•S 1643 IS

1 section 121(d)(1) for part of the cost of the adminis2 tration of the State plan of the State that the State

3 determines are not needed for such administration

4 may be used by the State to supplement the amount

5 available under section 121(d)(3) to cover part of

6 the cost of the administration of area plans.

7 ‘‘(3) USE OF FUNDS NOT NEEDED FOR ADMIN8 ISTRATION OF STATE PLAN.—The portion of the as9 sistance made available under section 121(d)(1) to a

10 State for any fiscal year, that the State determines

11 will not be required by the State for such year for

12 the purposes described in paragraph (1), shall be

13 available to the State to provide services under sub14 title B, or subtitle B or C of title III, in the State.

15 ‘‘(4) SINGLE PLANNING AND SERVICE AREAS.—

16 Any State that is designated, under section

17 201(a)(1)(E), as a single planning and service area

18 covering all, or substantially all, of the older individ19 uals in the State, as determined by the Assistant

20 Secretary, may elect to pay part of the costs of the

21 administration of State and area plans either out of

22 the amount of funds available under paragraph (1)

23 or (2) of section 121(d) or out of the amount of

24 funds made available for the administration of area
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•S 1643 IS

1 plans under section 121(d)(3), but shall not pay

2 such costs out of both such amounts.

3 ‘‘(b) AUTHORITY TO TRANSFER FUNDS.—

4 ‘‘(1) TRANSFERS.—

5 ‘‘(A) IN GENERAL.—Notwithstanding any

6 other provision of this subtitle or title III and

7 except as provided in subparagraph (B), using

8 the sums received by a State attributable to

9 funds appropriated under subsection (d) or (e)

10 of section 122, as appropriate, the State (after

11 consultation with area agencies on aging and

12 with service providers) may elect to transfer not

13 more than 25 percent of such sums for any fis14 cal year between programs under subtitle B of

15 title III and programs under subtitle C of title

16 III, for use as the State considers appropriate.

17 The State shall notify the Assistant Secretary

18 of any such election.

19 ‘‘(B) WAIVER.—If a State submits an ap20 plication to the Assistant Secretary in which the

21 State demonstrates, to the satisfaction of the

22 Assistant Secretary, that funds received by the

23 State and attributable to funds appropriated

24 under subsection (d) or (e) of section 122 (in25 cluding funds transferred under subparagraph
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•S 1643 IS

1 (A) without regard to this subparagraph) for

2 any fiscal year are insufficient to satisfy the

3 need for services under subtitle B or C of title

4 III, as appropriate, the Assistant Secretary may

5 grant a waiver that permits the State to trans6 fer under subparagraph (A) to satisfy such

7 need an additional 25 percent of the funds so

8 received for such fiscal year.

9 ‘‘(C) APPLICATION.—At a minimum, the

10 application described in subparagraph (B) shall

11 include a description of the additional amount

12 to be transferred, the purposes of the transfer,

13 the need for the transfer, and the impact of the

14 transfer on the provision of services from which

15 the funding will be transferred. The Assistant

16 Secretary shall approve or deny the application

17 in writing.

18 ‘‘(2) DELEGATION OF AUTHORITY TO MAKE

19 TRANSFERS.—After consultation with service provid20 ers, a State agency may delegate to an area agency

21 on aging or any other entity the authority to make

22 a transfer under paragraph (1).

23 ‘‘(3) DATA COLLECTION.—The Assistant Sec24 retary shall annually collect, and include in the re-
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1 port required by section 113, data regarding the

2 transfers described in paragraph (1), including—

3 ‘‘(A) the amount of funds involved in the

4 transfers, analyzed by State; and

5 ‘‘(B) the effect of the transfers on the pro6 vision of services provided under—

7 ‘‘(i) subtitle B of title III; and

8 ‘‘(ii) subtitle C of title III, including

9 the effect on the number of meals served.

10 ‘‘SEC. 204. PAYMENTS.

11 ‘‘Payments provided through grants made, or con12 tracts entered into, under subtitle B, C, or D, or subtitle

13 B or C of title III, may be provided (after necessary ad14 justments resulting from previously made overpayments or

15 underpayments) in advance or by way of reimbursement,

16 and in such installments, as the Assistant Secretary may

17 determine to be appropriate.

18 ‘‘Subtitle B—State Long-Term Care

19 Ombudsman Program

20 ‘‘SEC. 211. ESTABLISHMENT.

21 ‘‘(a) IN GENERAL.—With funds allotted under sec22 tion 121(a), the Assistant Secretary shall make grants to

23 eligible States to carry out long-term care ombudsman

24 programs.
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1 ‘‘(b) OFFICE AND PROGRAM.—In order to be eligible

2 to receive a grant under subsection (a), a State shall—

3 ‘‘(1) establish and operate an Office of the

4 State Long-Term Care Ombudsman (referred to in

5 this subtitle as the ‘Office’); and

6 ‘‘(2) carry out through the Office a State long7 term care ombudsman program.

8 ‘‘(c) OMBUDSMAN.—The Office shall be headed by an

9 individual, to be known as the State Long-Term Care Om10 budsman (referred to in this subtitle as the ‘Ombuds11 man’), who shall be selected from among individuals with

12 expertise and experience in the fields of long-term care

13 and advocacy.

14 ‘‘SEC. 212. REQUIREMENTS FOR STATE LONG-TERM CARE

15 OMBUDSMAN PROGRAM.

16 ‘‘(a) DUTIES.—The Ombudsman shall serve on a full17 time basis, and shall, personally or through representa18 tives of the Office—

19 ‘‘(1) identify, investigate, and resolve com20 plaints that—

21 ‘‘(A) are made by, or on behalf of, older

22 individuals who are residents of long-term care

23 facilities (referred to individually in this section

24 as a ‘resident’); and
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1 ‘‘(B) relate to action, inaction, or deci2 sions, that may adversely affect the health,

3 safety, welfare, or rights of such residents (in4 cluding the welfare and rights of such residents

5 with respect to the appointment and activities

6 of guardians and representative payees), by pro7 viders (or representatives of providers) of long8 term care services, public agencies, or health

9 and social service agencies;

10 ‘‘(2) provide services to assist such residents in

11 protecting the health, safety, welfare, and rights of

12 such residents;

13 ‘‘(3) inform such residents about means of ob14 taining services provided by providers or agencies

15 described in paragraph (1)(B) or identification, in16 vestigation, and resolution services described in

17 paragraph (1);

18 ‘‘(4) ensure that such residents have regular

19 and timely access to the services provided through

20 the State long-term care ombudsman program and

21 that residents and complainants on behalf of resi22 dents (referred to individually in this section as a

23 ‘complainant’) receive timely responses to their com24 plaints from representatives of the State long-term
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•S 1643 IS

1 care ombudsman program (referred to individually

2 in this section as a ‘program representative’);

3 ‘‘(5) represent the interests of such residents

4 before governmental agencies and seek administra5 tive, legal, and other remedies to protect the health,

6 safety, welfare, and rights of the residents;

7 ‘‘(6) provide administrative and technical assist8 ance to entities designated under subsection (c) to

9 assist the entities in participating in the program;

10 ‘‘(7)(A) analyze, comment on, and monitor the

11 development and implementation of Federal, State,

12 and local laws, rules, and other government policies

13 and actions, that pertain to the health, safety, wel14 fare, and rights of the residents, with respect to the

15 adequacy of long-term care facilities and services in

16 the State; and

17 ‘‘(B) recommend such changes in such laws,

18 rules, policies, and actions as the Ombudsman deter19 mines to be appropriate;

20 ‘‘(8) provide for training for program represent21 atives of the Office;

22 ‘‘(9) collect information, as specified by the As23 sistant Secretary, on the total number of such resi24 dents in the State and the number of complaints de25 scribed in paragraph (1) received by the State, ana-
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•S 1643 IS

1 lyzed by type of facility (such as a nursing home or

2 board and care facility); and

3 ‘‘(10) carry out such other activities as the

4 State agency determines to be appropriate.

5 ‘‘(b) CONTRACTS AND ARRANGEMENTS.—

6 ‘‘(1) IN GENERAL.—Except as provided in para7 graph (2), the State agency may establish and oper8 ate the Office, and carry out the program, directly

9 or by contract or other arrangement with any public

10 or nonprofit private organization, agency, or institu11 tion.

12 ‘‘(2) INELIGIBLE ENTITIES.—The State agency

13 may not enter into a contract or other arrangement

14 described in paragraph (1) with—

15 ‘‘(A) an agency or organization that is re16 sponsible for licensing or certifying long-term

17 care services in the State; or

18 ‘‘(B) an association (or an affiliate of such

19 an association) of long-term care facilities, or of

20 any other residential facilities for older individ21 uals.

22 ‘‘(c) DESIGNATION OF LOCAL OMBUDSMAN ENTITIES

23 AND REPRESENTATIVES.—

24 ‘‘(1) DESIGNATION.—In carrying out the duties

25 specified in subsection (a), the Ombudsman may
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•S 1643 IS

1 designate an entity as a local Ombudsman entity,

2 and may designate an individual (including an em3 ployee or volunteer) to represent the entity.

4 ‘‘(2) ELIGIBILITY FOR DESIGNATION.—Entities

5 eligible to be designated as local Ombudsman enti6 ties, and individuals eligible to be designated as rep7 resentatives of such entities, shall—

8 ‘‘(A) have demonstrated capability to carry

9 out the responsibilities of the Office;

10 ‘‘(B) be free of conflicts of interest;

11 ‘‘(C) in the case of the entities, be public

12 or nonprofit private entities; and

13 ‘‘(D) meet such additional requirements as

14 the Ombudsman may specify.

15 ‘‘(3) AUTHORITIES OF LOCAL OMBUDSMAN.—

16 An individual so designated may, in accordance with

17 the policies and procedures established by the Office

18 and the State agency—

19 ‘‘(A) provide services to protect the health,

20 safety, welfare, and rights of residents;

21 ‘‘(B) ensure that residents in the planning

22 and service area of the entity have regular,

23 timely access to representatives of the State

24 long-term care ombudsman program and timely
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1 responses to complaints and requests for assist2 ance;

3 ‘‘(C) identify, investigate, and resolve com4 plaints made by or on behalf of such residents

5 that relate to action, inaction, or decisions, that

6 may adversely affect the health, safety, welfare,

7 or rights of such residents;

8 ‘‘(D) represent the interests of such resi9 dents before government agencies and seek ad10 ministrative, legal, and other remedies to pro11 tect the health, safety, welfare, and rights of

12 such residents;

13 ‘‘(E)(i) analyze, comment on, and monitor

14 the development and implementation of Fed15 eral, State, and local laws, rules, and other gov16 ernment policies and actions, that pertain to

17 the health, safety, welfare, and rights of the

18 residents, with respect to the adequacy of long19 term care facilities and services in the State;

20 and

21 (ii) recommend such changes in such laws,

22 rules, policies, and actions as the individual de23 termines to be appropriate;
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•S 1643 IS

1 ‘‘(F) facilitate the ability of the public to

2 comment on such laws, rules, policies, and ac3 tions;

4 ‘‘(G) support the development of resident

5 and family councils; and

6 ‘‘(H) carry out such other activities as the

7 Ombudsman determines to be appropriate.

8 ‘‘(4) MONITORING POLICIES AND PROCE9 DURES.—

10 ‘‘(A) IN GENERAL.—The State agency

11 shall establish, in accordance with the Office,

12 policies and procedures for monitoring local

13 Ombudsman entities designated to carry out

14 the duties specified in subsection (a) and their

15 representatives.

16 ‘‘(B) CONSULTATION AND COMMENT.—If

17 the entities are grant recipients, or the rep18 resentatives are employees, of area agencies on

19 aging, the State agency shall develop the poli20 cies and procedures after consultation with the

21 area agencies on aging. The policies and proce22 dures shall provide for participation and com23 ment by such agencies and for resolution of

24 concerns with respect to case activity.
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1 ‘‘(C) CONFIDENTIALITY AND CONFLICT OF

2 INTEREST.—The State agency shall develop the

3 policies and procedures in accordance with all

4 provisions of subtitle A, this subtitle, and title

5 III regarding confidentiality and conflict of in6 terest.

7 ‘‘(d) PROCEDURES FOR ACCESS.—The State shall en8 sure, and shall establish procedures that ensure, that a

9 program representative of the Office shall have—

10 ‘‘(1) access to long-term care facilities and resi11 dents;

12 ‘‘(2)(A) appropriate access to review the medi13 cal and social records of a resident, if the represent14 ative has the permission of the resident (or the legal

15 representative of the resident), or the resident is un16 able to consent to the review and has no legal rep17 resentative; or

18 ‘‘(B) such access to such records as is nec19 essary to investigate a complaint if a legal guardian

20 of the resident refuses to give the permission, a pro21 gram representative of the Office has reasonable

22 cause to believe that the guardian is not acting in

23 the best interests of the resident, and the program

24 representative obtains the approval of the Ombuds25 man;
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1 ‘‘(3) access to the administrative records, poli2 cies, and documents, to which the residents have or

3 the general public has access, of long-term care fa4 cilities; and

5 ‘‘(4) access to and, on request, copies of all li6 censing and certification records maintained by the

7 State with respect to long-term care facilities.

8 ‘‘(e) DATA COLLECTION AND REPORTING.—The

9 State agency shall—

10 ‘‘(1) collect and analyze data relating to com11 plaints and conditions in long-term care facilities

12 and to residents, for the purpose of identifying and

13 resolving significant problems;

14 ‘‘(2) document the program operations and out15 reach activities of the State long-term care ombuds16 man program; and

17 ‘‘(3) submit to the Assistant Secretary and

18 other State agencies, and make available to the pub19 lic, annual reports containing the data and docu20 mentation specified in paragraphs (1) and (2).

21 ‘‘(f) DISCLOSURE.—

22 ‘‘(1) ESTABLISHMENT OF PROCEDURES.—The

23 State agency shall establish procedures for the dis24 closure by the Ombudsman or local Ombudsman en25 tities of files maintained by the State long-term care
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•S 1643 IS

1 ombudsman program, including records, policies,

2 documents, and data described in subsections (d)

3 and (e).

4 ‘‘(2) DISCLOSURE ONLY AT DISCRETION OF OM5 BUDSMAN.—The procedures described in paragraph

6 (1) shall provide that, subject to paragraph (3), the

7 files described in paragraph (1) may be disclosed

8 only at the discretion of the Ombudsman.

9 ‘‘(3) NONDISCLOSURE OF IDENTITY.—The pro10 cedures described in paragraph (1) shall prohibit the

11 disclosure of the identity of any complainant, or resi12 dent of a long-term care facility, with respect to

13 whom the Office maintains such files unless—

14 ‘‘(A) the complainant or resident, or the

15 legal representative of the complainant or resi16 dent, consents to the disclosure and the consent

17 is given in writing;

18 ‘‘(B) the complainant or resident gives

19 consent orally and the consent is documented

20 contemporaneously in writing made by a pro21 gram representative of the Office in accordance

22 with such requirements as the State agency

23 shall establish; or

24 ‘‘(C) the disclosure is required by court

25 order.
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1 ‘‘(g) CONSULTATION.—In planning and operating the

2 State long-term care ombudsman program, the State

3 agency shall consider the views of area agencies on aging,

4 older individuals, and providers of long-term care.

5 ‘‘(h) CONFLICT OF INTEREST.—The State agency

6 shall—

7 ‘‘(1) ensure that no individual, or member of

8 the immediate family of an individual, involved in

9 the designation of the Ombudsman (whether by ap10 pointment or otherwise) or the designation of an en11 tity designated under subsection (c), is subject to a

12 conflict of interest;

13 ‘‘(2) ensure that no officer or employee of the

14 Office, representative of a local Ombudsman entity,

15 or member of the immediate family of the officer,

16 employee, or representative, is subject to a conflict

17 of interest;

18 ‘‘(3) ensure that the Ombudsman—

19 ‘‘(A) does not have a direct involvement in

20 the licensing or certification of a long-term care

21 facility or of a provider of a long-term care

22 service;

23 ‘‘(B) does not have an ownership or invest24 ment interest (represented by equity, debt, or
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•S 1643 IS

1 other financial relationship) in a long-term care

2 facility or a long-term care service;

3 ‘‘(C) is not employed by, or participating

4 in the management of, a long-term care facility;

5 and

6 ‘‘(D) does not receive, or have the right to

7 receive, directly or indirectly, remuneration (in

8 cash or in kind) under a compensation arrange9 ment with an owner or operator of a long-term

10 care facility; and

11 ‘‘(4) establish, and specify in writing, mecha12 nisms to identify and remove conflicts of interest re13 ferred to in paragraphs (1) and (2), and to identify

14 and eliminate the relationships described in subpara15 graphs (A) through (D) of paragraph (3), including

16 such mechanisms as—

17 ‘‘(A) the methods by which the State agen18 cy will examine individuals, and immediate fam19 ily members, to identify the conflicts; and

20 ‘‘(B) the actions that the State agency will

21 require the individuals and such family mem22 bers to take to remove such conflicts.

23 ‘‘(i) LEGAL COUNSEL.—The State agency shall en24 sure that—
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•S 1643 IS

1 ‘‘(1)(A) adequate legal counsel is available and

2 able to provide advice and consultation needed to

3 protect the health, safety, welfare, and rights of resi4 dents, and to assist the Ombudsman and the pro5 gram representatives of the Office in the perform6 ance of the official duties of the Ombudsman and

7 representatives; and

8 ‘‘(B) legal representation is provided to any

9 program representative of the Office against whom

10 suit or other legal action is brought or threatened to

11 be brought in connection with the performance of

12 the official duties of the Ombudsman or such a rep13 resentative; and

14 ‘‘(2) the Office pursues administrative, legal,

15 and other appropriate remedies on behalf of resi16 dents.

17 ‘‘(j) LIABILITY.—The State shall ensure that no pro18 gram representative of the Office will be liable under State

19 law for the good faith performance of official duties de20 scribed in this Act.

21 ‘‘(k) NONINTERFERENCE.—The State shall—

22 ‘‘(1) ensure that willful interference with the

23 representatives of the Office in the performance of

24 official duties under the State long-term care om25 budsman program shall be unlawful;
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•S 1643 IS

1 ‘‘(2) prohibit retaliation and reprisals by a long2 term care facility or other entity with respect to any

3 resident, employee, or other person for filing a com4 plaint with, providing information to, or otherwise

5 cooperating with any representative of, the Office;

6 and

7 ‘‘(3) provide for appropriate sanctions with re8 spect to the interference, retaliation, and reprisals.

9 ‘‘Subtitle C—Senior Community

10 Service Employment Program

11 ‘‘SEC. 221. SHORT TITLE.

12 ‘‘This subtitle may be cited as the ‘Older American

13 Community Service Employment Act’.

14 ‘‘SEC. 222. DEFINITIONS.

15 ‘‘As used in this subtitle:

16 ‘‘(1) ADMINISTRATIVE COSTS.—The term ‘ad17 ministrative costs’, used with respect to a project,

18 means—

19 ‘‘(A) the costs of—

20 ‘‘(i) salaries, wages, and fringe bene21 fits for project administrators;

22 ‘‘(ii) consumable office supplies used

23 by project staff;
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•S 1643 IS

1 ‘‘(iii) development, preparation, pres2 entation, management, and evaluation of

3 the project;

4 ‘‘(iv) establishment and maintenance

5 of accounting and management informa6 tion systems;

7 ‘‘(v) establishment and maintenance

8 of advisory councils;

9 ‘‘(vi) travel of the project administra10 tors;

11 ‘‘(vii) rent, utilities, custodial services,

12 and indirect costs attributable to the

13 project;

14 ‘‘(viii) training of staff and technical

15 assistance to subproject sponsor staff;

16 ‘‘(ix) equipment and material for use

17 by project staff; or

18 ‘‘(x) audit services; and

19 ‘‘(B) the costs and expenses described in

20 paragraph (2)(B).

21 ‘‘(2) OTHER PARTICIPANT COSTS.—

22 ‘‘(A) IN GENERAL.—The term ‘other par23 ticipant costs’ includes—

24 ‘‘(i) the costs for participants of—

25 ‘‘(I) transportation;
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•S 1643 IS

1 ‘‘(II) training, including training

2 described in section 223(d)(9); and

3 ‘‘(III) special job or personal

4 counseling; and

5 ‘‘(ii) incidental expenses necessary for

6 the participation of the participants, such

7 as workshoes, safety eyeglasses, uniforms,

8 tools, and similar items.

9 ‘‘(B) EXCLUSION.—The term shall not in10 clude—

11 ‘‘(i) the costs of performing assess12 ments, including the assessment described

13 in section 223(d)(11);

14 ‘‘(ii) administrative expenses relating

15 to the training of participants;

16 ‘‘(iii) the costs of providing counseling

17 to participants;

18 ‘‘(iv) the costs of providing supportive

19 services to participants;

20 ‘‘(v) transportation costs incurred in

21 training;

22 ‘‘(vi) the costs of evaluating partici23 pants for continued participation in em24 ployment in a project described in this sub25 title; or
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•S 1643 IS

1 ‘‘(vii) the costs of developing host

2 agency assignments and unsubsidized em3 ployment for participants.

4 ‘‘(3) PLACED IN UNSUBSIDIZED EMPLOY5 MENT.—

6 ‘‘(A) IN GENERAL.—The term ‘placed in

7 unsubsidized employment’ means, with respect

8 to an individual who was a participant in a

9 project described in this subtitle, that—

10 ‘‘(i)(I) the individual was placed in a

11 position with an employer not later than

12 90 days after the individual terminated

13 participation in the project, and the posi14 tion was not subsidized with Federal

15 funds; and

16 ‘‘(II) the placement was attibutable to

17 participation in the project;

18 ‘‘(ii) the employer intended, on the

19 date of the placement, to employ the indi20 vidual in the position for not less than 90

21 days;

22 ‘‘(iii) the individual was still employed

23 in the position 30 days after the place24 ment; and
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•S 1643 IS

1 ‘‘(iv) the individual was better off eco2 nomically when employed in the position

3 than the individual was when participating

4 in the project.

5 ‘‘(B) BETTER OFF ECONOMICALLY.—As

6 used in this paragraph, the term ‘better off eco7 nomically’, used with respect to an individual,

8 means an individual who was a participant in a

9 project described in this subtitle and was placed

10 in a position of employment if—

11 ‘‘(i) the individual received greater in12 come for employment in the position than

13 for participation in the project;

14 ‘‘(ii) the individual received greater

15 benefits (as defined by the State in which

16 the project is located) for employment in

17 the position than for participation in the

18 project; or

19 ‘‘(iii) the position met 2 or more of

20 the following criteria:

21 ‘‘(I) The position provided to the

22 individual 20 or more hours of em23 ployment per week and a wage that is

24 not less than the minimum wage de25 termined in accordance with section
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•S 1643 IS

1 6(a)(1) of the Fair Labor Standards

2 Act of 1938 (29 U.S.C. 206(a)(1)).

3 ‘‘(II) The position was consistent

4 with the individual development plan

5 for the individual.

6 ‘‘(III) The position provided free

7 housing to the individual.

8 ‘‘(IV) The position provided free

9 food or meals to the individual.

10 ‘‘(V) The position provided

11 health benefits to the individual.

12 ‘‘(VI) The position provided free

13 transportation, or transportation at a

14 reduced cost, to the individual.

15 ‘‘(VII) The position provided to

16 the individual such economic benefits,

17 other than the benefits described in

18 subclauses (I) through (VI), as the

19 State in which the project is located

20 may determine to be appropriate.

21 ‘‘(4) SMALL STATE.—The term ‘small State’

22 means—

23 ‘‘(A) a State whose allotment under section

24 121 is increased as a result of the condition

25 specified in section 121(b)(2)(C)(ii)(I); and
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•S 1643 IS

1 ‘‘(B) a State referred to in section

2 121(b)(2)(C)(ii)(II).

3 ‘‘SEC. 223. SENIOR COMMUNITY SERVICE EMPLOYMENT

4 PROGRAM.

5 ‘‘(a) AUTHORITY FOR PROGRAM.—

6 ‘‘(1) GRANTS.—With funds allotted under sec7 tion 121(b), the Assistant Secretary shall make

8 grants to eligible States and tribal organizations for

9 the purpose of providing, to unemployed low-income

10 older individuals who have poor employment pros11 pects (as determined in accordance with standards

12 issued by the States and organizations), part-time

13 employment opportunities providing community serv14 ices.

15 ‘‘(2) USE OF FUNDS.—

16 ‘‘(A) WAGES AND BENEFITS.—

17 ‘‘(i) IN GENERAL.—Except as pro18 vided in clause (ii) or subparagraph (C) or

19 (D), not less than 90 percent of the funds

20 made available through a grant made

21 under paragraph (1) shall be used to pay

22 wages and benefits for older individuals

23 who are employed under projects carried

24 out under this subtitle.
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•S 1643 IS

1 ‘‘(ii) SMALL STATES.—Except as pro2 vided in subparagraph (C) or (D), not less

3 than 85 percent of the funds made avail4 able through a grant made under para5 graph (1) to a small State shall be used to

6 pay wages and benefits for older individ7 uals who are employed under projects car8 ried out under this subtitle.

9 ‘‘(B) ADMINISTRATIVE COSTS.—

10 ‘‘(i) IN GENERAL.—Except as pro11 vided in clause (ii), not more than 10 per12 cent of the funds made available through a

13 grant made under paragraph (1) may be

14 used to pay for administrative costs.

15 ‘‘(ii) SMALL STATES.—Not more than

16 15 percent of the funds made available

17 through a grant made under paragraph (1)

18 to a small State may be used to pay for

19 administrative costs.

20 ‘‘(C) OTHER PARTICIPANT COSTS;

21 PROJECTS CARRIED OUT DIRECTLY.—

22 ‘‘(i) IN GENERAL.—A State or tribal

23 organization that receives a grant under

24 paragraph (1) for a project and that elects

25 to carry out the project directly, or
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•S 1643 IS

1 through an agreement under subsection (b)

2 with a political subdivision, may request

3 that the Assistant Secretary provide for a

4 fiscal year—

5 ‘‘(I) a general waiver of subpara6 graph (A); and

7 ‘‘(II) an additional waiver of sub8 paragraph (A).

9 ‘‘(ii) REQUEST.—

10 ‘‘(I) IN GENERAL.—The State or

11 tribal organization shall submit such a

12 request at such time, in such form,

13 and containing such information as

14 the Assistant Secretary may require

15 by rule.

16 ‘‘(II) INFORMATION FOR ADDI17 TIONAL WAIVER.—A State or tribal

18 organization that requests such an ad19 ditional waiver for a fiscal year shall

20 submit with the request information

21 demonstrating that at least 30 per22 cent of the participants in the projects

23 carried out through a grant made

24 under paragraph (1) for the previous
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•S 1643 IS

1 year to the State or organization were

2 placed in unsubsidized employment.

3 ‘‘(iii) APPROVAL.—If the Assistant

4 Secretary determines that the State or

5 tribal organization has submitted a request

6 that meets the requirements of clause (ii),

7 the Assistant Secretary shall approve the

8 request.

9 ‘‘(iv) GENERAL WAIVER.—A general

10 waiver referred to in this subparagraph

11 shall permit the State or tribal organiza12 tion to use a portion, but not more than

13 20 percent, of the funds made available

14 through the grant for the fiscal year for

15 which the waiver is requested for adminis16 trative costs or other participant costs,

17 subject to clause (i) or (ii), as appropriate,

18 of subparagraph (B).

19 ‘‘(v) ADDITIONAL WAIVER.—

20 ‘‘(I) IN GENERAL.—An additional

21 waiver referred to in this subpara22 graph shall permit the State or tribal

23 organization to use a portion, but not

24 more than 5 percent, of the funds

25 made available through the grant for
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•S 1643 IS

1 the fiscal year for which the waiver is

2 requested for other participant costs.

3 ‘‘(II) CALCULATION.—If a State

4 or tribal organization receives a gen5 eral waiver described in clause (iv)

6 and an additional waiver described in

7 this clause, the State or organization

8 may use the portion described in

9 clause (iv) and the portion described

10 in this clause for the fiscal year for

11 which the waivers are requested for

12 administrative costs or other partici13 pant costs, subject to clause (i) or (ii),

14 as appropriate, of subparagraph (B).

15 ‘‘(D) OTHER PARTICIPANT COSTS;

16 PROJECTS CARRIED OUT UNDER AGREE17 MENTS.—

18 ‘‘(i) IN GENERAL.—An entity, other

19 than a State, tribal organization, or politi20 cal subdivision, that carries out a project

21 under a grant made under paragraph (1)

22 may request that the State or tribal orga23 nization that received the grant provide for

24 a fiscal year—
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•S 1643 IS

1 ‘‘(I) a general waiver of subpara2 graph (A); and

3 ‘‘(II) an additional waiver of sub4 paragraph (A).

5 ‘‘(ii) APPLICATION OF PROVISIONS.—

6 The provisions of clauses (ii) through (v)

7 of subparagraph (C) shall apply to such re8 quests and such general and additional

9 waivers, as appropriate, except that ref10 erences in such provisions—

11 ‘‘(I) to a State or tribal organiza12 tion shall be deemed to be references

13 to the entity referred to in clause (i);

14 and

15 ‘‘(II) to the Assistant Secretary

16 shall be deemed to be references to

17 the State or tribal organization that

18 received the grant referred to in

19 clause (i).

20 ‘‘(E) NON-FEDERAL SOURCES.—To the

21 maximum extent practicable, an entity that car22 ries out a project under this subtitle shall pro23 vide for the payment of the costs described in

24 subparagraph (B), (C), or (D) from non-Fed25 eral sources.
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•S 1643 IS

1 ‘‘(b) ELIGIBILITY FOR GRANTS.—

2 ‘‘(1) APPLICATION AND AGREEMENTS.—To be

3 eligible to receive a grant under subsection (a), a

4 State or tribal organization shall submit to the As5 sistant Secretary an annual application at such time,

6 in such form, and containing such information as

7 the Assistant Secretary may require by rule, includ8 ing an assurance that funds made available through

9 such grant—

10 ‘‘(A) will be used by the State or tribal or11 ganization to carry out projects for the purpose

12 specified in subsection (a)(1)—

13 ‘‘(i) directly (in accordance with the

14 requirements of subsection (d)); or

15 ‘‘(ii) through agreements that satisfy

16 the requirements of this subsection and

17 subsection (d); and

18 ‘‘(B) will not be used to carry out a project

19 involving the construction, operation, or mainte20 nance of any facility used or to be used as a

21 place for sectarian religious instruction or wor22 ship.

23 ‘‘(2) PARTICIPANTS IN AGREEMENT.—Such

24 agreements shall be entered into by the State or

25 tribal organization with—
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•S 1643 IS

1 ‘‘(A) public or nonprofit private agencies

2 or organizations;

3 ‘‘(B) political subdivisions of States having

4 elected or duly appointed governing officials (or

5 combinations of such political subdivisions);

6 ‘‘(C) tribal organizations; and

7 ‘‘(D) area agencies on aging.

8 ‘‘(3) AGREEMENT WITH BUSINESSES.—At the

9 election of a State or tribal organization that re10 ceives a grant made under subsection (a), not more

11 than 5 percent of the funds made available through

12 the grant may be used to enter into agreements with

13 businesses (giving special consideration to businesses

14 in growth industries) to pay for not more than 50

15 percent of the cost of providing employment (includ16 ing arranging for the provision of employment) to

17 older individuals described in subsection (a).

18 ‘‘(c) COMPETITIVE BASIS.—In selecting an entity

19 with whom a State or tribal organization will enter into

20 an agreement under subsection (b), the State or organiza21 tion—

22 ‘‘(1) shall make the selection on a competitive

23 basis; and

24 ‘‘(2) shall take into consideration, where appro25 priate, the demonstrated ability of the entity to pro-
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•S 1643 IS

1 vide employment (including arranging for the provi2 sion of employment) to older individuals described in

3 subsection (a).

4 ‘‘(d) REQUIREMENTS.—

5 ‘‘(1) IN GENERAL.—Each agreement entered

6 into under subsection (b) for a project shall provide

7 that no payment shall be made by the State or tribal

8 organization toward the cost of such project unless

9 the State or tribal organization determines that such

10 project, or the entity that carries out such project,

11 as appropriate, will satisfy each of the conditions de12 scribed in paragraphs (2) through (13). Each State

13 or tribal organization that carries out a project di14 rectly under subsection (b) shall ensure that such

15 project or the State or organization, as appropriate,

16 will satisfy each of the conditions described in para17 graphs (2) through (13).

18 ‘‘(2) FEDERAL SHARE REQUIREMENT.—

19 ‘‘(A) IN GENERAL.—The entity that car20 ries out the project shall use funds received for

21 such project that are made available through a

22 grant made under subsection (a) to pay for the

23 Federal share of the cost of the project.
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•S 1643 IS

1 ‘‘(B) FEDERAL SHARE.—The Federal

2 share of the cost of the project shall be not

3 more than 85 percent.

4 ‘‘(C) NON-FEDERAL SHARE.—The non5 Federal share of such cost shall be contributed

6 in cash or in kind. In determining the amount

7 of the non-Federal share, the Assistant Sec8 retary may attribute fair market value to serv9 ices and facilities contributed from non-Federal

10 sources.

11 ‘‘(3) PERSONNEL.—The project shall provide

12 employment only for older individuals described in

13 subsection (a), except for necessary technical, ad14 ministrative, and supervisory personnel. Such per15 sonnel shall, to the fullest extent possible, be re16 cruited from among older individuals described in

17 subsection (a).

18 ‘‘(4) COMMUNITIES.—

19 ‘‘(A) IN GENERAL.—If such project is car20 ried out by or under an agreement with a State,

21 the project shall provide employment for such

22 individuals in the community in which such in23 dividuals reside, or in nearby communities.

24 ‘‘(B) RESERVATIONS.—If such project is

25 carried out by or under an agreement with a
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•S 1643 IS

1 tribal organization, the project shall provide

2 employment for such individuals who are Indi3 ans residing on an Indian reservation.

4 ‘‘(5) SERVICES.—The project (except a project

5 carried out under an agreement described in sub6 section (b)(3)) shall employ older individuals de7 scribed in subsection (a) in positions in which the in8 dividuals provide services—

9 ‘‘(A) related to publicly owned and oper10 ated facilities or public projects; or

11 ‘‘(B) related to projects sponsored by orga12 nizations described in section 501(c)(3) of the

13 Internal Revenue Code of 1986 that are exempt

14 from taxation under section 501(a) of such

15 Code.

16 ‘‘(6) GENERAL WELFARE.—The project shall

17 contribute to the general welfare of the community

18 in which the project is carried out.

19 ‘‘(7) EMPLOYMENT IMPACTS.—The project

20 shall—

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

22 opportunities over the opportunities that would

23 otherwise be available;

24 ‘‘(B) not result in the displacement (in25 cluding partial displacement, such as a reduc-
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•S 1643 IS

1 tion in the hours of nonovertime work or wages

2 or employment benefits) of currently employed

3 workers (as of the date of the beginning of the

4 project); and

5 ‘‘(C) not impair existing contracts (as of

6 the date of the beginning of the project) or re7 sult in the substitution of Federal funds for

8 other funds in connection with work that would

9 otherwise be performed.

10 ‘‘(8) RECRUITMENT AND SELECTION.—In car11 rying out the project, the entity shall utilize methods

12 of recruitment and selection (including listing job va13 cancies with an employment agency operated by any

14 State or political subdivision of a State) that will en15 sure that the maximum number of older individuals

16 described in subsection (a) will have an opportunity

17 to participate in the project.

18 ‘‘(9) TRAINING.—The project shall include such

19 training as may be necessary to make the most ef20 fective use of the skills and talents of such individ21 uals who are participating in the project and assist

22 in their transition into employment for which no fi23 nancial assistance is provided under this subtitle.

24 ‘‘(10) ADVICE.—The entity shall establish or

25 administer the project after receiving the advice of—
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•S 1643 IS

1 ‘‘(A) individuals competent in the field of

2 service in which the project will provide employ3 ment; and

4 ‘‘(B) individuals who are knowledgeable

5 with regard to the needs of older individuals.

6 ‘‘(11) ASSESSMENT.—The entity shall prepare

7 an assessment of—

8 ‘‘(A) the skills and talents of each partici9 pating older individual;

10 ‘‘(B) the need of the older individual for

11 supportive services; and

12 ‘‘(C) the ability of the older individual to

13 perform community service employment;

14 except to the extent that the project has an assess15 ment of such skills and talents, such need, or such

16 ability, of the individual that was prepared recently

17 pursuant to another Federal or State employment or

18 job training program.

19 ‘‘(12) NOTICE AND EXPLANATION.—The entity

20 that carries out such project shall post in the project

21 workplace a notice, and shall make available to each

22 individual associated with such project a written ex23 planation, clarifying the law with respect to allow24 able and unallowable political activities under chap25 ter 15 of title 5, United States Code, applicable to
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•S 1643 IS

1 the project and to each category of individuals asso2 ciated with such project.

3 ‘‘(13) PRIORITY IN EMPLOYMENT OPPORTUNI4 TIES.—In providing employment opportunities (in5 cluding arranging for the provision of employment

6 opportunities) under the project, such entity shall

7 give priority to low-income older individuals de8 scribed in subsection (a) who are 60 years of age or

9 older.

10 ‘‘(e) PREREQUISITE DETERMINATIONS AND COORDI11 NATION.—

12 ‘‘(1) DETERMINATIONS.—To effectively carry

13 out subsection (b), a State or tribal organization

14 that receives a grant under subsection (a) for a fis15 cal year shall, after consultation with the appro16 priate area agencies on aging and with other organi17 zations that received funds under this subtitle in the

18 preceding fiscal year—

19 ‘‘(A) make a determination identifying the

20 localities in the State, or on an Indian reserva21 tion in the case of a tribal organization, in

22 which projects described in subsection (b) are

23 most needed;

24 ‘‘(B) in making such determination, con25 sider the local employment situations and the
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•S 1643 IS

1 types of skills possessed by available local older

2 individuals described in subsection (a); and

3 ‘‘(C) make a determination identifying po4 tential projects for, and the number and per5 centage of such individuals in the local popu6 lation of, each such locality.

7 ‘‘(2) COORDINATION.—To increase job opportu8 nities available to older individuals, the State or trib9 al organization shall coordinate the projects assisted

10 under this subtitle with—

11 ‘‘(A) other programs, projects, and activi12 ties carried out under this Act; and

13 ‘‘(B) other Federal or State employment or

14 job training programs.

15 ‘‘(3) PARTICIPANTS.—To the maximum extent

16 practicable, the State or tribal organization shall en17 sure that entities that carry out projects under this

18 subtitle provide employment (including arranging for

19 the provision of employment) under this subtitle to

20 older individuals who on the day before the effective

21 date of section 3 of the Older Americans Amend22 ments of 1996 were participants under an agree23 ment entered into under section 502(b) (as in effect

24 on the day before such date).
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•S 1643 IS

1 ‘‘(f) EQUITABLE USE OF FUNDS.—To the maximum

2 extent practicable, the State or tribal organization shall

3 use funds available for this subtitle to enter into agree4 ments under subsection (b) or carry out this subtitle in

5 an equitable manner, taking into consideration the num6 ber of eligible older individuals in the various geographical

7 areas served under the agreements or by the State or or8 ganization and the relative distribution of such individuals

9 among urban and rural areas.

10 ‘‘(g) PRIOR SUBMISSION OF PROJECT DESCRIP11 TION.—If an entity carries out a project under this sub12 title in a planning and service area, and the entity is not

13 the area agency on aging for the planning and service

14 area, the entity shall carry out the project in consultation

15 with the area agency on aging and shall submit to the

16 area agency on aging, not less than 30 days before under17 taking the project, a description (including the location)

18 of such project.

19 ‘‘(h) ALTERNATIVE WORK MODES; TECHNICAL AS20 SISTANCE.—To assist entities carrying out, and partici21 pants in, projects assisted under this subtitle, the State

22 or tribal organization may develop alternatives for innova23 tive work modes and provide technical assistance in creat24 ing job opportunities through work sharing and other ex25 perimental methods to groups representing business and
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1 industry and workers, as well as to individual employers,

2 where appropriate.

3 ‘‘(i) REPORT.—If a State or tribal organization elects

4 under subsection (b) to enter into agreements described

5 in paragraph (3) of such subsection for a fiscal year, the

6 State or tribal organization shall submit to the Assistant

7 Secretary a report describing the projects carried out

8 under such agreements.

9 ‘‘(j) DATA COLLECTION AND ANALYSIS.—A State or

10 tribal organization that receives a grant under subsection

11 (a) shall use a portion of the remaining funds described

12 in subsection (a)(2)(B) to collect data and carry out analy13 ses related to the need for community service employment

14 within the population served under the grant and dissemi15 nate information obtained through the data collection and

16 analyses.

17 ‘‘(k) RULES.—The Secretary shall issue, and amend

18 from time to time, rules that require States and tribal or19 ganizations that receive grants under subsection (a) to es20 tablish, to the maximum extent practicable, for projects

21 carried out under this subtitle the goal of annually placing

22 not less than 20 percent of project participants in employ23 ment for which no financial assistance is provided under

24 this subtitle.
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1 ‘‘SEC. 224. PARTICIPANTS NOT FEDERAL EMPLOYEES.

2 ‘‘(a) PROJECT PARTICIPANTS.—Older individuals de3 scribed in section 223(a) who participate in a project as4 sisted under this subtitle shall not be considered to be

5 Federal employees as a result of such participation and

6 shall not be subject to the provisions of part III of title

7 5, United States Code.

8 ‘‘(b) WORKMEN’S COMPENSATION.—No State or

9 tribal organization shall enter into an agreement under

10 section 223(b) with, or carry out such a project through,

11 an entity who is, or whose employees are, under State law,

12 exempted from operation of the State workmen’s com13 pensation law, generally applicable to employees, unless

14 the entity shall undertake to provide either through insur15 ance by a recognized carrier, or by self-insurance, as au16 thorized by State law, that the individuals employed under

17 the contract shall enjoy workmen’s compensation coverage

18 equal to such coverage provided by law for covered employ19 ment.

20 ‘‘SEC. 225. EMPLOYMENT ASSISTANCE AND FEDERAL HOUS21 ING AND FOOD STAMP PROGRAMS.

22 ‘‘Funds received by eligible individuals from projects

23 carried out under this subtitle shall not be considered to

24 be income of such individuals for purposes of determining

25 the eligibility of such individuals, or of any other persons,

26 to participate in any housing program for which Federal
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1 funds may be available or for any income determination

2 under the Food Stamp Act of 1977 (7 U.S.C. 2011 et

3 seq.).

4 ‘‘Subtitle D—Disease Prevention

5 and Health Promotion

6 ‘‘SEC. 231. ESTABLISHMENT OF GRANT PROGRAM.

7 ‘‘(a) AUTHORITY.—The Assistant Secretary shall

8 carry out a program for making grants to States to enable

9 the States, to assist eligible area agencies on aging to pro10 vide disease prevention and health promotion services and

11 information at multipurpose senior centers, at congregate

12 meal sites, through home-delivered meal programs, or at

13 other appropriate sites. In carrying out such program, the

14 Assistant Secretary shall consult with the Director of the

15 Centers for Disease Control and Prevention and the Direc16 tor of the National Institute on Aging.

17 ‘‘(b) SERVICES.—Each State, in consultation with

18 the Assistant Secretary, shall determine the services to be

19 provided as disease prevention and health promotion serv20 ices in the State under this subtitle. The State may not

21 include services for which payment may be made under

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

23 et seq.).

24 ‘‘(c) USE OF SERVICES.—Each State, to the extent

25 possible, shall assure that area agencies on aging use serv-
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1 ices provided by other community organizations and agen2 cies in carrying out the provisions of this subtitle.

3 ‘‘SEC. 232. DISTRIBUTION TO AREA AGENCIES ON AGING.

4 ‘‘The State agency shall give priority, in assisting

5 area agencies on aging under this subtitle, to agencies

6 serving areas of the State—

7 ‘‘(1) that are medically underserved; and

8 ‘‘(2) in which there are large numbers of older

9 individuals with greatest economic need who are in

10 need of such services.

11 ‘‘TITLE III—LOCAL PROGRAMS

12 ON AGING

13 ‘‘Subtitle A—General Provisions

14 ‘‘SEC. 301. ELIGIBILITY OF LOCAL ORGANIZATIONS.

15 ‘‘(a) DESIGNATION OF AREA AGENCIES ON AGING.—

16 An area agency on aging designated under section

17 201(a)—

18 ‘‘(1) shall be—

19 ‘‘(A) an established office of aging;

20 ‘‘(B) any office or agency of a unit of gen21 eral purpose local government, that is des22 ignated to function only for the purpose of serv23 ing as an area agency on aging by the chief

24 elected official of such unit;
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1 ‘‘(C) any office or agency designated by

2 the appropriate chief elected officials of any

3 combination of units of general purpose local

4 government to act on behalf of such combina5 tion only for such purpose;

6 ‘‘(D) any public or nonprofit private agen7 cy in a planning and service area, or any sepa8 rate organizational unit within such agency,

9 that is under the supervision or direction for

10 such purpose of the designated State agency

11 and that can and will engage only in the plan12 ning or provision of a broad range of supportive

13 services, or of nutrition services, within the

14 planning and service area; or

15 ‘‘(E) in the case of a State designated

16 under section 201(a)(1)(E) as a single planning

17 and service area, the State agency; and

18 ‘‘(2) shall provide an assurance, determined to

19 be adequate by the State agency, that the area agen20 cy on aging will have the ability to develop an area

21 plan in accordance with section 302 and to carry

22 out, directly or through contractual or other ar23 rangements, a program in accordance with the plan

24 within the planning and service area.
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1 ‘‘(b) PREFERENCE.—In designating an area agency

2 on aging within the planning and service area, including

3 any unit of general purpose local government designated

4 as a planning and service area, the State shall give pref5 erence to an established office on aging, unless the State

6 agency finds that no such office within the planning and

7 service area will have the capacity to carry out the area

8 plan.

9 ‘‘SEC. 302. AREA PLANS.

10 ‘‘(a) PLAN.—To be eligible for designation as an area

11 agency on aging in a State, an entity shall prepare, de12 velop, and submit to the State agency an area plan for

13 a planning and service area for a 2-, 3-, or 4-year period

14 determined by the State agency, with such annual revi15 sions as may be necessary. Each such plan shall be based

16 on a uniform format for area plans within the State. Each

17 such plan shall comply with all of the following require18 ments:

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

20 through a comprehensive and coordinated system,

21 for—

22 ‘‘(A) supportive services (including, where

23 appropriate, services to support the establish24 ment or maintenance of multipurpose senior

25 centers), nutrition services (including home-de-
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1 livered nutrition services and congregate nutri2 tion services), within the planning and service

3 area covered by the plan;

4 ‘‘(B) determining the extent of need for

5 supportive services (including services to sup6 port multipurpose senior centers), and nutrition

7 services (taking into consideration the compara8 tive need for home-delivered nutrition services,

9 congregate nutrition services, and adult day

10 care nutrition services), in such area (taking

11 into consideration, among other things, the

12 number of low-income older individuals residing

13 in such area, the number of older individuals

14 with greatest economic need residing in such

15 area, the number of older individuals with

16 greatest social need residing in such area, the

17 number of older individuals who are Indians re18 siding in such area, and the efforts of voluntary

19 organizations in the community);

20 ‘‘(C) evaluating the effectiveness of the use

21 of resources in meeting such need; and

22 ‘‘(D) entering into agreements with provid23 ers of supportive services (including services to

24 support multipurpose senior centers) and nutri-
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1 tion services in such area, for the provision of

2 such services or centers to meet such need.

3 ‘‘(2) PROMOTION OF INDEPENDENT LIVING.—

4 The plan shall promote independent living through

5 the use of home- and community-based care for

6 older individuals, address the nutrition and health

7 promotion needs of older individuals, provide advo8 cacy for and protect the rights of vulnerable older

9 individuals in both community-based and institu10 tional settings, specify efforts to be undertaken to

11 ensure the quality of supportive services and nutri12 tion services provided in such settings, enhance ac13 cess to services provided under the plan, and encour14 age community participation in carrying out the

15 plan.

16 ‘‘(3) INFORMATION AND ASSISTANCE SERV17 ICES.—The plan shall provide for the establishment

18 and maintenance of information and assistance serv19 ices to ensure that older individuals within the plan20 ning and service area covered by the plan will have

21 reasonably convenient access to services provided

22 under the plan, with particular emphasis on linking

23 services available to—

24 ‘‘(A) isolated older individuals; and
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1 ‘‘(B) older individuals with Alzheimer’s

2 disease or related disorders and with neuro3 logical or organic brain dysfunction (and the

4 caretakers of such individuals).

5 ‘‘(4) SPECIFIC OBJECTIVES; OUTREACH.—

6 ‘‘(A) OBJECTIVES.—The plan shall contain

7 an assurance that the area agency on aging will

8 set specific objectives for providing services to

9 older individuals with greatest economic need,

10 older individuals with greatest social need, and

11 older individuals residing in rural areas.

12 ‘‘(B) OUTREACH.—The plan shall contain

13 assurances that the area agency on aging will

14 use outreach efforts that will—

15 ‘‘(i) identify individuals eligible for as16 sistance under subtitles B and C, with spe17 cial emphasis on—

18 ‘‘(I) older individuals residing in

19 rural areas;

20 ‘‘(II) older individuals with great21 est economic need;

22 ‘‘(III) older individuals with

23 greatest social need, with particular

24 attention to low-income minority indi25 viduals;
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1 ‘‘(IV) older individuals with se2 vere disabilities;

3 ‘‘(V) older individuals with lim4 ited-English speaking ability;

5 ‘‘(VI) older individuals with Alz6 heimer’s disease or related disorders

7 and with neurological or organic brain

8 dysfunction (and the caretakers of

9 such individuals); and

10 ‘‘(VII) low-income minority older

11 individuals; and

12 ‘‘(ii) inform the older individuals re13 ferred to in subclauses (I) through (VII) of

14 clause (i), and the caretakers of such indi15 viduals, of the availability of such assist16 ance.

17 ‘‘(5) EVALUATIONS; TECHNICAL ASSISTANCE

18 AND INFORMATION; ADVOCACY; ADVISORY COUN19 CIL.—The plan shall provide that the area agency on

20 aging will—

21 ‘‘(A) furnish appropriate technical assist22 ance, and information in a timely manner, to

23 providers of supportive services (including serv24 ices to support multipurpose senior centers) and
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1 nutrition services in the planning and service

2 area covered by the area plan;

3 ‘‘(B) take into account, in connection with

4 matters of general policy arising in the develop5 ment and administration of the area plan, the

6 views of recipients of services under the plan;

7 ‘‘(C) serve as the advocate and focal point

8 for older individuals within communities in the

9 planning and service area by (in cooperation

10 with agencies, organizations, institutions, and

11 individuals participating in activities under the

12 plan) monitoring, evaluating, and commenting

13 on all policies, programs, hearings, levies, and

14 community actions within the area that will af15 fect older individuals;

16 ‘‘(D) establish an advisory council consist17 ing of older individuals who are participants or

18 who are eligible to participate in programs car19 ried out under this subtitle, representatives of

20 older individuals, local elected officials, provid21 ers of veterans’ health care (if appropriate),

22 and the general public, to advise continuously

23 the area agency on aging on all matters relating

24 to the development of the area plan, the admin-
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•S 1643 IS

1 istration of the plan, and operations conducted

2 under the plan;

3 ‘‘(E) facilitate the coordination of commu4 nity-based, long-term care services for older in5 dividuals designed to—

6 ‘‘(i) retain individuals in their homes,

7 thereby deferring unnecessary, costly insti8 tutionalization; and

9 ‘‘(ii) include the development of case

10 management services as a component of

11 the long-term care services;

12 ‘‘(F) facilitate the involvement of long13 term care providers in the coordination of com14 munity-based long-term care services for older

15 individuals and work to ensure community

16 awareness of, and involvement in, addressing

17 the needs of residents of long-term care facili18 ties;

19 ‘‘(G) coordinate services and activities car20 ried out under the area plan with—

21 ‘‘(i) activities of community-based or22 ganizations, established for the benefit of

23 older individuals with Alzheimer’s disease

24 or related disorders and with neurological
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•S 1643 IS

1 or organic brain dysfunction (and the fam2 ilies of such individuals); and

3 ‘‘(ii) the mental health services pro4 vided by community health centers and by

5 other public and nonprofit private agen6 cies, organizations, and institutions; and

7 ‘‘(H) establish a grievance procedure for

8 older individuals who are dissatisfied with serv9 ices provided, or who are denied services, under

10 subtitle B or C.

11 ‘‘(6) VOLUNTEERS.—The plan shall encourage,

12 and enlist the services of, local volunteer groups to

13 provide assistance and services appropriate to the

14 unique needs of older individuals within the planning

15 and service area.

16 ‘‘(7) PREVENTION OF ELDER ABUSE, NEGLECT,

17 AND EXPLOITATION.—Whenever the State desires to

18 provide for programs for the prevention of elder

19 abuse, neglect, and exploitation for a fiscal year, the

20 plan shall—

21 ‘‘(A) contain an assurance that the area

22 agency on aging will conduct such a program in

23 a manner consistent with the provisions of this

24 Act;
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1 ‘‘(B) contain an assurance that the area

2 agency on aging will provide public education

3 and outreach to identify and prevent elder

4 abuse, neglect, and exploitation;

5 ‘‘(C) contain an assurance that the area

6 agency on aging—

7 ‘‘(i) will establish procedures for re8 ceipt of reports of elder abuse, neglect, and

9 exploitation; and

10 ‘‘(ii) on receipt of a report of a known

11 or suspected instance of abuse, neglect, or

12 exploitation of an older individual, will

13 promptly refer the reported matter to the

14 proper authorities for investigation and ac15 tion consistent with State law; and

16 ‘‘(D) specify other activities that the area

17 agency determines to be beneficial in the pre18 vention of elder abuse, neglect, and exploitation

19 and intends to carry out under such program.

20 ‘‘(8) DESCRIPTION OF ACTIVITIES.—The plan

21 shall—

22 ‘‘(A) describe all activities of the area

23 agency on aging for which financial assistance

24 is provided to carry out subtitles B and C; and
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1 ‘‘(B) contain an assurance that such activi2 ties conform with—

3 ‘‘(i) the responsibilities of the area

4 agency on aging, as set forth in this sub5 section; and

6 ‘‘(ii) the laws, rules, and policies of

7 the State in which the area agency on

8 aging is carrying out an area plan.

9 ‘‘(9) DISCLOSURE OF SOURCES AND EXPENDI10 TURES OF FUNDS.—The plan shall contain an assur11 ance that the area agency on aging will, on the re12 quest of the State and for the purpose of monitoring

13 compliance with this Act (including conducting an

14 audit), disclose all sources and expenditures of funds

15 such agency receives or expends to provide assist16 ance to older individuals.

17 ‘‘(10) PROHIBITION ON MISUSE OF FUNDS.—

18 The plan shall provide assurances that funds re19 ceived from allotments made under section 121(c)

20 and assistance made available under section 123 will

21 not be used to pay any part of a cost (including an

22 administrative cost) incurred by the area agency on

23 aging to carry out a contract or commercial arrange24 ment that is not carried out to implement subtitle B

25 or C.
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1 ‘‘(11) CASE MANAGEMENT SERVICES.—The

2 plan shall provide that case management services

3 provided under this title through the area agency on

4 aging will—

5 ‘‘(A) not duplicate case management serv6 ices provided through other Federal and State

7 programs;

8 ‘‘(B) be coordinated with services described

9 in subparagraph (A);

10 ‘‘(C) include the provision, to consumers,

11 of a list of available service providers for appro12 priate care in the planning and service area

13 served by the agency;

14 ‘‘(D) be provided in a manner that gives a

15 consumer the right to choose a provider of pref16 erence; and

17 ‘‘(E) be provided by—

18 ‘‘(i) a public agency; or

19 ‘‘(ii) a nonprofit private agency that—

20 ‘‘(I) does not provide, and does

21 not have a direct or indirect owner22 ship or controlling interest in, or a di23 rect or indirect affiliation or relation24 ship with, an entity that provides

25 services (other than case management
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1 services, outreach, and information

2 and referral) under this title;

3 ‘‘(II) is located in a rural area

4 and obtains a waiver of the require5 ment described in subclause (I); or

6 ‘‘(III) is a community-based or7 ganization described in section

8 223(d)(5)(B), and is located in a

9 planning and service area for which

10 the area agency on aging contracted

11 with a nonprofit private agency to

12 provide case management services in

13 fiscal year 1992.

14 ‘‘(12) COST SHARING.—The plan shall contain

15 an assurance that any requirements for cost sharing

16 by recipients of services provided under the plan will

17 be consistent with the provisions of the State plan

18 that satisfy the requirement specified in section

19 202(a)(16).

20 ‘‘(b) PRESERVATION OF ATTORNEY-CLIENT PRIVI21 LEGE.—An area agency on aging may not require any pro22 vider of legal assistance under this title to reveal any infor23 mation that is protected by the attorney-client privilege.

24 ‘‘(c) STATE AUTHORITY TO WITHHOLD ASSIST25 ANCE.—
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1 ‘‘(1) FAILURE TO COMPLY.—If the head of a

2 State agency finds that an area agency on aging has

3 failed to comply with Federal or State laws (includ4 ing the area plan requirements of this section),

5 rules, or policies, the State may withhold from the

6 area agency on aging a portion of the assistance

7 available under the allotment made under section

8 121(c) and the assistance available under sections

9 123 and 231.

10 ‘‘(2) DUE PROCESS.—

11 ‘‘(A) IN GENERAL.—The head of the State

12 agency shall not withhold assistance under

13 paragraph (1) without first affording the area

14 agency on aging due process in accordance with

15 procedures established by the State agency.

16 ‘‘(B) PROCEDURES.—At a minimum, such

17 procedures shall include procedures for—

18 ‘‘(i) providing notice of an action to

19 withhold assistance;

20 ‘‘(ii) providing documentation of the

21 need for such action; and

22 ‘‘(iii) at the request of the area agen23 cy on aging, conducting a public hearing

24 concerning such action.
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1 ‘‘(3) DIRECT ADMINISTRATION OF PRO2 GRAMS.—

3 ‘‘(A) IN GENERAL.—If the State agency

4 withholds the assistance under paragraphs (1)

5 and (2), the State agency may use the assist6 ance withheld to directly administer programs

7 under subtitles B and C in the planning and

8 service area served by the area agency on aging

9 for a period of not to exceed 180 days, except

10 as provided in subparagraph (B).

11 ‘‘(B) EXTENSION OF PERIOD.—If the

12 State agency determines that the area agency

13 on aging has not taken corrective action, or if

14 the State agency does not approve the correc15 tive action, during the 180-day period described

16 in subparagraph (A), the State agency may ex17 tend the period until the area agency on aging

18 takes satisfactory corrective action, but not for

19 longer than 1 year. If, at the end of the 1-year

20 extension, the area agency on aging has not

21 taken satisfactory corrective action, the State

22 shall designate a new area agency on aging to

23 serve the planning and service area.
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1 ‘‘Subtitle B—Supportive Services

2 and Senior Centers

3 ‘‘SEC. 311. PROGRAM AUTHORIZED.

4 ‘‘The Assistant Secretary shall carry out a program

5 for making grants to States, under State plans approved

6 under section 202, to enable the States to assist eligible

7 area agencies on aging in carrying out any of the following

8 supportive services that are necessary for the general wel9 fare of older individuals:

10 ‘‘(1) Health (including mental health), edu11 cation and training, welfare, informational, rec12 reational, homemaker, counseling, or referral serv13 ices.

14 ‘‘(2) Services (including information and assist15 ance services) designed to encourage and assist older

16 individuals to use the facilities and services available

17 to the individuals, including language translation

18 services to assist older individuals with limited-Eng19 lish speaking ability to obtain services under this

20 subtitle.

21 ‘‘(3) Services designed—

22 ‘‘(A) to assist older individuals to obtain

23 adequate housing, including residential repair

24 and renovation projects designed to enable older
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1 individuals to maintain their residences in con2 formity with minimum housing standards;

3 ‘‘(B) to adapt residences to meet the needs

4 of older individuals with disabilities;

5 ‘‘(C) to prevent unlawful entry into resi6 dences of older individuals, through the installa7 tion of security devices and through structural

8 modifications or alterations of such residences;

9 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).

13 ‘‘(4) Services designed to assist older individ14 uals to avoid institutionalization, and services de15 signed to assist individuals in long-term care institu16 tions who are able to return to their communities,

17 including—

18 ‘‘(A) client assessment services and devel19 opment and coordination of community-based

20 services;

21 ‘‘(B) in-home services for frail older indi22 viduals, including services for older individuals

23 with Alzheimer’s disease and related disorders

24 and with neurological or organic brain dysfunc25 tion (and for families of such individuals);
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1 ‘‘(C) supportive activities to meet the spe2 cial needs of caregivers, including caregivers

3 who provide in-home services to frail older indi4 viduals; and

5 ‘‘(D) in-home and other community-based

6 services to assist older individuals to live inde7 pendently in a home environment, including

8 home health, homemaker, shopping, escort,

9 reader, and letter-writing services.

10 ‘‘(5) Services designed to provide to older indi11 viduals legal assistance and other counseling services

12 and assistance, including—

13 ‘‘(A) tax counseling and assistance, finan14 cial counseling, and counseling regarding appro15 priate health and life insurance coverage;

16 ‘‘(B) representation—

17 ‘‘(i) of individuals who are wards (or

18 are allegedly incapacitated); and

19 ‘‘(ii) in guardianship proceedings of

20 older individuals who seek to become

21 guardians, if other adequate representation

22 is unavailable in the proceedings; and

23 ‘‘(C) provision, to older individuals who

24 provide uncompensated care to their adult chil25 dren with disabilities, of counseling to assist
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1 such older individuals with permanency plan2 ning for such children.

3 ‘‘(6) Services designed to enable older individ4 uals to attain and maintain physical and mental

5 well-being through programs of regular physical ac6 tivity.

7 ‘‘(7) Activities designed to promote disease pre8 vention and health promotion.

9 ‘‘(8) Services designed to provide, for older in10 dividuals, preretirement counseling and assistance in

11 planning for and assessing future post-retirement

12 needs with regard to insurance benefits, public bene13 fits, lifestyle changes, relocation, legal matters, lei14 sure time, and other appropriate matters.

15 ‘‘(9) Services that are designed to meet the

16 unique needs of older individuals who are disabled

17 and of older individuals who provide uncompensated

18 care to their adult children with disabilities.

19 ‘‘(10) Services to encourage the employment of

20 older individuals (which shall be coordinated with

21 the assistance provided through the community serv22 ice employment program carried out under subtitle

23 C of title II), including job and second career coun24 seling and, in an appropriate case, job development,

25 referral, and placement.
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1 ‘‘(11) Services for the prevention of abuse, ne2 glect, and exploitation of older individuals.

3 ‘‘(12) Crime prevention services, and victim as4 sistance programs, for older individuals.

5 ‘‘(13) Health and nutrition education services,

6 including information concerning prevention, diag7 nosis, treatment, and rehabilitation relating to age8 related diseases and chronic disabling conditions.

9 ‘‘(14) Services designed to enable mentally im10 paired older individuals to attain and maintain emo11 tional well-being and independent living through a

12 comprehensive and coordinated system of services

13 described in the other paragraphs of this section.

14 ‘‘(15) Services designed to provide information

15 and training for individuals who are or may become

16 guardians or representative payees of older individ17 uals, including information on the powers and duties

18 of guardians and representative payees and on alter19 natives to guardianships.

20 ‘‘(16) Services to encourage and facilitate regu21 lar interaction between school-age children and older

22 individuals, including visits in long-term care facili23 ties, multipurpose senior centers, and other settings.

24 ‘‘(17) Services to assist in the operation of mul25 tipurpose senior centers.
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1 ‘‘(18) Services that provide reasonable opportu2 nities for older individuals to participate on a vol3 untary basis in multigenerational activities.

4 ‘‘(19) Transportation services to facilitate ac5 cess to the services authorized to be provided under

6 any other paragraph of this section.

7 ‘‘(20) Services provided through a State long8 term care ombudsman program in accordance with

9 subtitle B of title II.

10 ‘‘(21) Any other services, if provision of the

11 services is consistent with the core objectives de12 scribed in section 101(2).

13 ‘‘Subtitle C—Nutrition Services

14 ‘‘SEC. 321. PROGRAM AUTHORIZED.

15 ‘‘(a) NUTRITION SERVICES.—The Assistant Sec16 retary shall carry out a program for making grants to

17 States, under State plans approved under section 202, to

18 enable the States to assist eligible area agencies on aging

19 in establishing and operating nutrition projects that pro20 vide, 5 or more days a week (or less frequently in a rural

21 area where such frequency is not feasible or in a State

22 for which a lesser frequency is approved by the State agen23 cy)—

24 ‘‘(1) meals to eligible individuals in congregate

25 meals settings; and
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1 ‘‘(2) meals to eligible individuals in their homes.

2 ‘‘(b) REQUIREMENTS.—Entities providing meals

3 under a grant or contract made under this subtitle shall

4 provide eligible older individuals with at least 1 meal per

5 day and any additional meals per day that the recipient

6 of the grant or contract may elect to provide.

7 ‘‘SEC. 322. ADDITIONAL REQUIREMENTS.

8 ‘‘A State that establishes and operates a nutrition

9 project under this subtitle shall—

10 ‘‘(1) solicit the advice of a dietitian or an indi11 vidual with comparable expertise in the planning of

12 nutritional services; and

13 ‘‘(2) ensure that—

14 ‘‘(A) the project provides meals that—

15 ‘‘(i) comply with the Dietary Guide16 lines for Americans, published by the Sec17 retary and the Secretary of Agriculture;

18 ‘‘(ii) provide to each participating

19 older individual—

‘‘(I) a minimum of 331 20 ⁄3 percent

21 of the daily recommended dietary al22 lowances established by the Food and

23 Nutrition Board of the Institute of

24 Medicine of the National Academy of
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1 Sciences, if the project provides 1

2 meal per day;

‘‘(II) a minimum of 662 3 ⁄3 percent

4 of the allowances, if the project pro5 vides 2 meals per day; and

6 ‘‘(III) 100 percent of the allow7 ances, if the project provides 3 meals

8 per day; and

9 ‘‘(iii) to the maximum extent prac10 ticable, are adjusted to meet any special

11 dietary needs of program participants;

12 ‘‘(B) the agency carrying out the project

13 provides flexibility to local meal providers in de14 signing meals that are appealing to program

15 participants;

16 ‘‘(C) the agency carrying out the project

17 encourages meal providers to enter into con18 tracts that limit the amount of time that meals

19 may spend in transit before the meals are

20 consumed;

21 ‘‘(D) the agency carrying out the project,

22 where feasible, encourages arrangements with

23 schools and other facilities serving meals to

24 children in order to promote intergenerational

25 meal programs;
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1 ‘‘(E) the agency carrying out the project

2 provides that meals, other than home-delivered

3 meals, are provided in settings in as close prox4 imity to the majority of the residences of eligi5 ble older individuals served by the project as is

6 feasible;

7 ‘‘(F) the agency carrying out the project

8 ensures that meal providers carry out such

9 project with the advice of dietitians (or individ10 uals with comparable expertise in the planning

11 of nutritional services), meal participants, and

12 other individuals who are knowledgeable with

13 regard to the needs of older individuals;

14 ‘‘(G) the agency carrying out the project

15 ensures that each participating area agency on

16 aging establishes procedures that allow nutri17 tion project administrators the option to offer a

18 meal, on the same basis as meals provided to

19 participating older individuals, to individuals

20 providing volunteer services during the meal

21 hours, and to individuals with disabilities who

22 reside at home with, and accompany to the

23 meal, older individuals eligible for a meal under

24 this subtitle;
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1 ‘‘(H) the agency carrying out the project

2 ensures that nutrition services will be available

3 to older individuals and to their spouses, and

4 may be made available to individuals with dis5 abilities who are not older individuals but who

6 reside in housing facilities that are occupied

7 primarily by older individuals and at which con8 gregate nutrition services are provided;

9 ‘‘(I) the project, where appropriate, pro10 vides for nutrition education, counseling, and

11 screening; and

12 ‘‘(J) the agency carrying out the project

13 ensures that meal providers carry out such

14 project in accordance with applicable State and

15 local laws relating to food service.

16 ‘‘TITLE IV—NATIVE AMERICAN

17 PROGRAMS ON AGING

18 ‘‘SEC. 401. GRANTS FOR SERVICES TO NATIVE AMERICANS.

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

20 Secretary may make grants to organizations that meet the

21 requirements of subsection (b) and section 402 (referred

22 to individually in this title as an ‘eligible organization’)

23 to pay for 100 percent of the costs of projects for delivery

24 of supportive services, and nutrition services, for older in25 dividuals who are Native Americans.
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1 ‘‘(b) ELIGIBILITY OF ORGANIZATIONS.—An organi2 zation shall be eligible to receive a grant under this title

3 only if the organization is—

4 ‘‘(1) a tribal organization that—

5 ‘‘(A) represents at least 50 older individ6 uals; and

7 ‘‘(B) demonstrates the ability to deliver

8 supportive services and nutrition services;

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

10 ‘‘(A) represents at least 50 older individ11 uals; and

12 ‘‘(B) demonstrates the ability to deliver

13 supportive services and nutrition services; or

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

15 that—

16 ‘‘(A) is primarily controlled by and com17 prised of Native Hawaiians;

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

19 who are Native Hawaiians; and

20 ‘‘(C) demonstrates the ability to deliver

21 supportive services and nutrition services.

22 ‘‘SEC. 402. APPLICATIONS FOR GRANTS.

23 ‘‘(a) REQUIREMENT.—To be eligible to receive a

24 grant under this title, an organization shall submit an ap25 plication to the Assistant Secretary at such time, in such
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•S 1643 IS

1 form, and containing such information as the Assistant

2 Secretary may establish by rule. Each such application

3 shall—

4 ‘‘(1) provide an assurance that such organiza5 tion will evaluate the need for supportive services

6 and nutrition services among older individuals who

7 are—

8 ‘‘(A) Indians represented by the organiza9 tion submitting the application if such organiza10 tion is a tribal organization described in section

11 401(b)(1);

12 ‘‘(B) Alaska Natives represented by the or13 ganization submitting the application if such or14 ganization is an Alaska Native organization de15 scribed in section 401(b)(2); or

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

17 organization submitting the application if such

18 organization is an organization described in sec19 tion 401(b)(3);

20 ‘‘(2) provide for the use of such methods of ad21 ministration as are necessary for the proper and ef22 ficient administration of the project to be carried out

23 with such grant;

24 ‘‘(3) provide an assurance that such organiza25 tion will make such reports at such time, in such
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•S 1643 IS

1 form, and containing such information, as the As2 sistant Secretary may reasonably require, and com3 ply with such requirements as the Assistant Sec4 retary may impose to ensure the correctness of such

5 reports;

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

7 project to be carried out with such grant;

8 ‘‘(5) contain information describing objectives

9 toward which such project will be directed, identify

10 obstacles to the attainment of such objectives, and

11 indicate the manner in which such organization pro12 poses to overcome such obstacles;

13 ‘‘(6) provide for establishing and maintaining

14 information and assistance services to ensure that

15 older individuals who are served by such project will

16 have reasonably convenient access to the services

17 and activities provided by such project;

18 ‘‘(7) provide an assurance that the organization

19 will, whenever feasible, give preference to older indi20 viduals who are Native Americans in hiring individ21 uals for full- or part-time staff positions;

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

23 or by way of grant or contract with appropriate enti24 ties, the organization will—
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1 ‘‘(A) ensure that nutrition services will be

2 delivered to older individuals as described in

3 paragraph (1); and

4 ‘‘(B) substantially comply with subtitle C

5 of title III, except that in any case in which the

6 need of such individuals for nutrition services is

7 already met from other sources, such organiza8 tion may expend for supportive services the

9 funds otherwise required to be expended under

10 this paragraph;

11 ‘‘(9) provide an assurance that in providing any

12 legal services or ombudsman services to older indi13 viduals as described in paragraph (1), the organiza14 tion will substantially comply with the provisions of

15 subtitles A and B of title II, and subtitles A and B

16 of title III, relating to furnishing similar services;

17 ‘‘(10) provide an assurance that the organiza18 tion will adopt such fiscal control and fund account19 ing procedures as may be necessary to ensure proper

20 disbursement of, and accounting for, Federal funds

21 paid under this title to such organization, including

22 any funds paid by such organization to a recipient

23 of a grant or contract under this title;

24 ‘‘(11) provide an assurance that such organiza25 tion will coordinate services provided under this title
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•S 1643 IS

1 with services provided under subtitles B and C of

2 title II, and subtitles B and C of title III, in the

3 same geographical area; and

4 ‘‘(12) if the organization elects to solicit vol5 untary contributions from older individuals, provide

6 an assurance that such organization will ensure

7 that—

8 ‘‘(A) the amount of the contributions will

9 be based on the ability of the older individuals

10 to make such contributions; and

11 ‘‘(B) the contributions will be used to in12 crease, or to expand access to, services provided

13 under this title.

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

15 obtaining information for any application submitted under

16 subsection (a) for a grant, an organization may develop

17 population statistics for the population to be served under

18 the grant, with a certification from the Bureau of Indian

19 Affairs, in order to establish eligibility to receive a grant

20 under this title.

21 ‘‘(c) APPROVAL OF APPLICATION.—The Assistant

22 Secretary shall approve any application that complies with

23 subsection (a).

24 ‘‘(d) APPLICATION NOT APPROVED.—Whenever the

25 Assistant Secretary determines that the Assistant Sec-
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•S 1643 IS

1 retary will not approve an application submitted under

2 subsection (a) by an organization the Assistant Secretary

3 shall—

4 ‘‘(1) provide objections relating to the applica5 tion in writing to the organization within 60 days

6 after such determination;

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

8 assistance to the organization to overcome such ob9 jections; and

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

11 under such rules as the Assistant Secretary may

12 issue.

13 ‘‘(e) PERIOD FUNDED.—Whenever the Assistant Sec14 retary approves an application of an organization under

15 subsection (c), the Assistant Secretary shall make a grant

16 to the organization under this title for a period of not less

17 than 12 months.

18 ‘‘SEC. 403. DISTRIBUTION OF FUNDS AMONG ELIGIBLE OR19 GANIZATIONS.

20 ‘‘(a) MAINTENANCE of 1991 AMOUNTS.—Subject to

21 the availability of appropriations to carry out this title,

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

23 an eligible organization for fiscal year 1997 or a subse24 quent fiscal year shall be not less than the amount of the

25 grant made to the eligible organization for fiscal year
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•S 1643 IS

1 1991 under part A or B of title VI (as in effect on Septem2 ber 30, 1990).

3 ‘‘(b) USE OF ADDITIONAL AMOUNTS APPRO4 PRIATED.—If the amount appropriated to carry out this

5 title for fiscal year 1997 or a subsequent fiscal year ex6 ceeds the amount appropriated to carry out parts A and

7 B of such title VI for fiscal year 1991, the amount of the

8 grant (if any) made under this title to an eligible organiza9 tion for such subsequent fiscal year shall be—

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

11 Secretary considers to be appropriate, in addition to

12 any amount required by subsection (a), so that the

13 grant equals or more closely approaches the amount

14 of the grant made to the eligible organization for fis15 cal year 1980 under part A of title VI (as in effect

16 on September 30, 1979) or for fiscal year 1995

17 under part B of title VI (as in effect on September

18 30, 1994); or

19 ‘‘(2) an amount the Assistant Secretary consid20 ers to be sufficient, if the eligible organization did

21 not receive a grant under part A or B of title VI for

22 either fiscal year 1980 or fiscal year 1991 (as in ef23 fect on September 30, 1979 or September 30, 1990,

24 as appropriate).
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1 ‘‘SEC. 404. SURPLUS EDUCATIONAL FACILITIES.

2 ‘‘(a) REQUIREMENT.—

3 ‘‘(1) AVAILABILITY.—Notwithstanding any

4 other provision of law, the Secretary of the Interior

5 shall—

6 ‘‘(A) make a surplus Indian educational fa7 cility or a surplus Alaska Native educational fa8 cility available for use as a multipurpose senior

9 center—

10 ‘‘(i) to an organization described in

11 section 401(b)(1) or an organization de12 scribed in section 401(b)(2), respectively;

13 or

14 ‘‘(ii) with the approval of the Indian

15 tribe or Alaska Native organization in16 volved, to a public or nonprofit private or17 ganization; and

18 ‘‘(B) make any other surplus educational

19 facility that is under the control of the Sec20 retary of the Interior and is located in Hawaii

21 available for use as a multipurpose senior cen22 ter, to an organization described in section

23 401(b)(3).

24 ‘‘(2) ALTERATION TO PROVIDE CERTAIN SERV25 ICES.—Such centers may be altered so as to provide

26 extended care facilities, community center facilities,
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•S 1643 IS

1 nutrition services, adult day-care services, child care

2 services, or other supportive services.

3 ‘‘(b) APPLICATION.—To be eligible to receive a sur4 plus educational facility made available under subsection

5 (a), an organization described in section 401(b) shall sub6 mit an application to the Secretary of the Interior at such

7 time, in such form, and containing such information, as

8 the Secretary of the Interior determines to be necessary

9 to carry out this section.

10 ‘‘SEC. 405. ADMINISTRATION.

11 ‘‘For the purpose of issuing rules to carry out this

12 title, the Secretary, acting through the Assistant Sec13 retary, shall consult with the Secretary of the Interior.

14 ‘‘SEC. 406. PAYMENTS.

15 ‘‘Payments may be made under this title (after nec16 essary adjustments on account of previously made over17 payments or underpayments) in advance or by way of re18 imbursement and in such installments and on such condi19 tions as the Assistant Secretary may determine to be ap20 propriate.

21 ‘‘SEC. 407. AUTHORIZATION OF APPROPRIATIONS.

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

23 this title, such sums as may be necessary for fiscal years

24 1997 through 2001.’’.
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•S 1643 IS

1 SEC. 5. CONFORMING AMENDMENTS.

2 (a) AGRICULTURE AND FOOD ACT OF 1981.—Sec3 tion 1114(2) of the Agriculture and Food Act of 1981 (7

4 U.S.C. 1431e(2)) is amended in subparagraphs (C) and

5 (D) by striking ‘‘section 311(a)(4) of the Older Americans

6 Act of 1965 (42 U.S.C. 3030a(a)(4))’’ each place it ap7 pears and inserting ‘‘subtitle C of title III of the Older

8 Americans Act of 1965’’.

9 (b) JOB TRAINING PARTNERSHIP ACT.—

10 (1) Section 204(d) of the Job Training Partner11 ship Act (29 U.S.C. 1604(d)) is amended—

12 (A) in paragraph (4) by striking ‘‘title V

13 of the Older Americans Act of 1965 (42 U.S.C.

14 3056 et seq.)’’ and inserting ‘‘subtitle C of title

15 II of the Older Americans Act of 1965’’; and

16 (B) in paragraph (5)(B)(i) by striking

17 ‘‘title V of the Older Americans Act of 1965

18 (42 U.S.C. 3056 et seq.)’’ and inserting ‘‘sub19 title C of title II of the Older Americans Act of

20 1965’’.

21 (2) Section 205(a)(8) of such Act (29 U.S.C.

22 1605(a)(8)) is amended to read as follows:

23 ‘‘(8) subtitle C of title II of the Older Ameri24 cans Act of 1965;’’.

25 (3) Section 455(b) of such Act (29 U.S.C.

26 1735(b)) is amended by striking ‘‘title V of the
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•S 1643 IS

1 Older Americans Act of 1965 (42 U.S.C. 3056 et

2 seq.)’’ and inserting ‘‘subtitle C of title II of the

3 Older Americans Act of 1965’’.

4 (c) TECHNOLOGY-RELATED ASSISTANCE FOR INDI5 VIDUALS WITH DISABILITIES ACT OF 1988.—Section

6 102(e)(23)(G) of the Technology-Related Assistance for

7 Individuals With Disabilities Act of 1988 (29 U.S.C.

8 2212(e)(23)(G)) is amended by striking ‘‘any council es9 tablished under section 204, 206(g)(2)(A), or

10 712(a)(3)(H) of the Older Americans Act of 1965 (42

11 U.S.C. 3015, 3017(g)(2)(A), or 3058g(a)(3)(H))’’ and in12 serting ‘‘section 212(c)(3)(G) or 302(a)(5)(D) of the

13 Older Americans Act of 1965’’.

14 (d) TITLE 31, UNITED STATES CODE.—Section

15 3803(c)(2)(C)(xi) of title 31, United States Code is

16 amended by striking ‘‘benefits under section 336 of the

17 Older Americans Act’’ and inserting ‘‘benefits under sub18 title C of title III of the Older Americans Act of 1965’’.

19 (e) OMNIBUS BUDGET RECONCILIATION ACT OF

20 1990.—Section 4360(d)(1)(C)(ii) of the Omnibus Budget

21 Reconciliation Act of 1990 (42 U.S.C. 1395b–

22 4(d)(1)(C)(ii)) is amended by inserting ‘‘of 1965’’ after

23 ‘‘Older Americans Act’’.

24 (f) SOCIAL SECURITY ACT.—
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1 (1) Section 1819 of the Social Security Act (42

2 U.S.C. 1395i–3) is amended—

3 (A) in subsection (b)(4)(C)(ii)(IV) by strik4 ing ‘‘section 307(a)(12) of the Older Americans

5 Act of 1965’’ and inserting ‘‘subtitle B of title

6 II of the Older Americans Act of 1965’’;

7 (B) in subsection (c)(2)(B)(iii)(II) by

8 striking ‘‘title III or VII of the Older Ameri9 cans Act of 1965 in accordance with section

10 712 of the Act’’ and inserting ‘‘subtitle B of

11 title II of the Older Americans Act of 1965’’;

12 and

13 (C) in subsection (g)(5)(B) by striking

14 ‘‘title III or VII of the Older Americans Act of

15 1965 in accordance with section 712 of the

16 Act’’ and inserting ‘‘subtitle B of title II of the

17 Older Americans Act of 1965’’.

18 (2) Section 1919 of such Act (42 U.S.C. 1396r)

19 is amended—

20 (A) in subsection (b)(4)(C)(ii)(IV) by strik21 ing ‘‘section 307(a)(12) of the Older Americans

22 Act of 1965’’ and inserting ‘‘subtitle B of title

23 II of the Older Americans Act of 1965’’;

24 (B) in subsection (c)(2)(B)(iii)(II) by

25 striking ‘‘title III or VII of the Older Ameri-
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•S 1643 IS

1 cans Act of 1965’’ and inserting ‘‘subtitle B of

2 title II of the Older Americans Act of 1965’’;

3 and

4 (C) in subsection (g)(5)(B) by striking

5 ‘‘title III or VII of the Older Americans Act of

6 1965 in accordance with section 712 of the

7 Act’’ and inserting ‘‘subtitle B of title II of the

8 Older Americans Act of 1965’’.

9 (g) HOUSING AND COMMUNITY DEVELOPMENT ACT

10 OF 1974.—The last sentence of section 209 of the Hous11 ing and Community Development Act of 1974 (42 U.S.C.

12 1438) is amended by striking ‘‘title III of the Older Amer13 icans Act of 1965’’ and inserting ‘‘subtitle A of title II,

14 and subtitle A of title III, of the Older Americans Act

15 of 1965’’.

16 (h) NATIONAL SCHOOL LUNCH ACT.—

17 (1) Section 14 of the National School Lunch

18 Act (42 U.S.C. 1762a) is amended—

19 (A) in subsection (a)(1) by striking ‘‘title

20 III of the Older Americans Act of 1965’’ and

21 inserting ‘‘subtitle C of title III of the Older

22 Americans Act of 1965’’; and

23 (B) in subsection (c) by striking ‘‘section

24 311(a)(4) of the Older Americans Act of 1965

25 (42 U.S.C. 3030(a)(4)) or for cash payments in
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•S 1643 IS

1 lieu of such donations under section 311(b)(1)

2 of such Act (42 U.S.C. 3030(b)(1))’’ and in3 serting ‘‘subtitle C of title III of the Older

4 Americans Act of 1965’’.

5 (2) Section 17(o)(3)(B) of such Act (42 U.S.C.

6 1766(o)(3)(B)) is amended by striking ‘‘part C of

7 title III of the Older Americans Act of 1965’’ and

8 inserting ‘‘subtitle C of title III of the Older Ameri9 cans Act of 1965’’.

10 (i) ENVIRONMENTAL PROGRAMS ASSISTANCE ACT OF

11 1984.—Section 2(a) of the Environmental Programs As12 sistance Act of 1984 (42 U.S.C. 4368a(a)) is amended by

13 striking ‘‘title V of the Older Americans Act of 1965’’ each

14 place it appears and inserting ‘‘subtitle C of title II of

15 the Older Americans Act of 1965’’.

16 (j) INTERGOVERNMENTAL PERSONNEL ACT OF

17 1970.—Section 208(a)(3)(B) of the Intergovernmental

18 Personnel Act of 1970 (42 U.S.C. 4728(a)(3)(B)) is

19 amended by inserting before the semicolon the following

20 ‘‘(as in effect on January 4, 1971)’’.

21 (k) NOISE CONTROL ACT OF 1972.—Section 14(g)

22 of the Noise Control Act of 1972 (42 U.S.C. 4913(g)) is

23 amended by inserting ‘‘of 1965’’ after ‘‘Older Americans

24 Act’’.
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1 (l) DOMESTIC VOLUNTEER SERVICE ACT OF 1973.—

2 Section 221(a)(2)(A)(ii) of the Domestic Volunteer Serv3 ice Act of 1973 (42 U.S.C. 5021(a)(2)(A)(ii)) is amended

4 by striking ‘‘title III of the Older Americans Act of 1965’’

5 and inserting ‘‘subtitle B of title II, and subtitles B and

6 C of title III, of the Older Americans Act of 1965’’.

7 (m) DEVELOPMENTAL DISABILITIES ASSISTANCE

8 AND BILL OF RIGHTS ACT.—Section 124(b)(3) of the De9 velopmental Disabilities Assistance and Bill of Rights Act

10 (42 U.S.C. 6024(b)(3)) is amended by inserting ‘‘of 1965’’

11 after ‘‘Older Americans Act’’.

12 (n) ENERGY CONSERVATION IN EXISTING BUILD13 INGS ACT OF 1976.—Section 412(6) of the Energy Con14 servation in Existing Buildings Act of 1976 (42 U.S.C.

15 6862(6)) is amended by striking ‘‘paragraphs (4), (5), and

16 (6), respectively, of section 102 of the Older Americans

17 Act of 1965’’ and inserting ‘‘paragraphs (24)(A), (25)(A),

18 and (50)(A), respectively, of section 102 of the Older

19 Americans Act of 1965’’.

20 (o) CRANSTON-GONZALEZ NATIONAL AFFORDABLE

21 HOUSING ACT.—

22 (1) Section 802(d)(2)(B)(i) of the Cranston23 Gonzalez National Affordable Housing Act (42

24 U.S.C. 8011(d)(2)(B)(i)) is amended by striking

25 ‘‘title III of the Older Americans Act of 1965’’ and
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•S 1643 IS

1 inserting ‘‘subtitle C of title III of the Older Ameri2 cans Act of 1965’’.

3 (2) Section 803(d)(12) of such Act (42 U.S.C.

4 8012(d)(12)) is amended by striking ‘‘under title III

5 of the Older Americans Act of 1965’’ and inserting

6 ‘‘designated under title II of the Older Americans

7 Act of 1965’’.

8 (p) ALZHEIMER’S DISEASE AND RELATED DEMEN9 TIAS RESEARCH ACT OF 1992.—

10 (1) Section 934(b)(4) of the Alzheimer’s Dis11 ease and Related Dementias Research Act of 1992

12 (42 U.S.C. 11261(b)(4)) is amended by striking

13 ‘‘section 305(a) (1) and (2)(A) of the Older Ameri14 cans Act of 1965 (42 U.S.C. 3025(a) (1) and

15 (2)(A))’’ and inserting ‘‘paragraphs (1) and (2)(A)

16 of section 201(a) of the Older Americans Act of

17 1965’’.

18 (2) Section 962(d) of such Act (42 U.S.C.

19 11292(d)) is amended by striking ‘‘section 305(a)(1)

20 of the Older Americans Act of 1965’’ and inserting

21 ‘‘section 201(a)(1) of the Older Americans Act of

22 1965’’.

23 SEC. 6. REFERENCES TO PRECEDING FISCAL YEAR.

24 Any reference in the Older Americans Act of 1965

25 to ‘‘the preceding fiscal year’’ that applies with respect
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1 to funds received to carry out a program, project, or activ2 ity under such Act for a fiscal year shall be deemed to

3 be a reference to funds received to carry out the cor4 responding program, project, or activity under such Act

5 for the preceding fiscal year.

6 SEC. 7. ISSUANCE OF RULES.

7 In addition to the rules issued under section 9(f), not

8 later than 180 days after the date of enactment of this

9 Act, the Secretary of Health and Human Services shall

10 issue, and publish in the Federal Register, proposed rules

11 for the administration of the Older Americans Act of 1965

12 (as amended in section 4). After allowing a reasonable pe13 riod for public comment on such proposed rules, and not

14 later than 90 days after such publication, the Secretary

15 shall issue final rules for the administration of such Act.

16 SEC. 8. APPLICATION OF AMENDMENTS.

17 (a) FISCAL YEAR 1996.—

18 (1) COMMUNITY SERVICE EMPLOYMENT.—The

19 amendment made by section 3 shall apply only with

20 respect to fiscal year 1996 and to funds appro21 priated for such fiscal year to carry out title V of

22 the Older Americans Act of 1965 (42 U.S.C. 3056

23 et seq.).

24 (2) ENFORCEMENT.—The authority of the Sec25 retary of Labor to enforce compliance with the re-
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1 quirements applicable to such title with respect to

2 actions taken prior to the effective date of section 3,

3 shall not be affected by the amendment made by sec4 tion 3.

5 (b) FISCAL YEARS 1997–2001.—The amendment

6 made by section 4 shall not apply with respect to fiscal

7 years beginning before October 1, 1996.

8 SEC. 9. TRANSFER OF FUNCTIONS.

9 (a) DEFINITIONS.—For purposes of this section, un10 less otherwise provided or indicated by the context—

11 (1) the term ‘‘Federal agency’’ has the meaning

12 given to the term ‘‘agency’’ by section 551(1) of title

13 5, United States Code;

14 (2) the term ‘‘function’’ means any duty, obli15 gation, power, authority, responsibility, right, privi16 lege, activity, or program; and

17 (3) the term ‘‘office’’ includes any office, ad18 ministration, agency, institute, unit, organizational

19 entity, or component thereof.

20 (b) TRANSFER OF FUNCTIONS.—

21 (1) IN GENERAL.—There are transferred to the

22 Department of Health and Human Services all func23 tions that the Secretary of Labor exercised before

24 the effective date of this section (including all relat-
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1 ed functions of any officer or employee of the De2 partment of Labor) that—

3 (A) relate to title V of the Older Ameri4 cans Act of 1965 (as in effect on the day before

5 the effective date of this section); and

6 (B) that are minimally necessary to carry

7 out title V of such Act (as in effect on the day

8 after the effective date of this section).

9 (2) TERMINATION OF AUTHORITY.—Except as

10 otherwise specifically provided in this Act, the au11 thority of a transferred employee to carry out a

12 function that relates to title V of the Older Ameri13 cans Act of 1965 (as in effect on the day before the

14 effective date of this section) and is not transferred

15 under this Act shall terminate on the effective date

16 of this section.

17 (c) DETERMINATIONS OF CERTAIN FUNCTIONS BY

18 THE OFFICE OF MANAGEMENT AND BUDGET.—If nec19 essary, the Office of Management and Budget shall make

20 any determination of the functions that are transferred

21 under subsection (b).

22 (d) DELEGATION AND ASSIGNMENT.—Except where

23 otherwise expressly prohibited by law or otherwise pro24 vided by this section, the Secretary of Health and Human

25 Services may delegate any of the functions transferred to
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•S 1643 IS

1 the Department of Health and Human Services by this

2 section and any function transferred or granted to the De3 partment of Health and Human Services after the effec4 tive date of this section to such officers and employees

5 of the Department of Health and Human Services as the

6 Secretary of Health and Human Services may designate,

7 and may authorize successive redelegations of such func8 tions as may be necessary or appropriate. No delegation

9 of functions by the Secretary of Health and Human Serv10 ices under this subsection or under any other provision

11 of this section shall relieve such Secretary of Health and

12 Human Services of responsibility for the administration

13 of such functions.

14 (e) REORGANIZATION.—The Secretary of Health and

15 Human Services may allocate or reallocate any function

16 transferred under subsection (b) among the officers of the

17 Department of Health and Human Services, and establish,

18 consolidate, alter, or discontinue such organizational enti19 ties in the Department of Health and Human Services as

20 may be necessary or appropriate.

21 (f) RULES.—Not later than 30 days after the date

22 of enactment of this Act, the Secretary of Health and

23 Human Services shall issue, and publish in the Federal

24 Register, proposed rules for the administration of title V

25 of the Older Americans Act of 1965 (as amended in sec-
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1 tion 3). After allowing a reasonable period for public com2 ment on such proposed rules, and not later than July 1,

3 1996, the Secretary shall issue final rules for the adminis4 tration of such title.

5 (g) TRANSFER AND ALLOCATIONS OF APPROPRIA6 TIONS AND PERSONNEL.—

7 (1) IN GENERAL.—Except as otherwise pro8 vided in this section, the personnel employed in con9 nection with, and the assets, liabilities, contracts,

10 grants, property, records, and unexpended balances

11 of appropriations, authorizations, allocations, and

12 other funds employed, used, held, arising from,

13 available to, or to be made available in connection

14 with the functions transferred by this section, sub15 ject to section 1531 of title 31, United States Code,

16 shall be transferred to the Department of Health

17 and Human Services. Unexpended funds transferred

18 pursuant to this subsection shall be used only to

19 carry out the functions of the Department of Health

20 and Human Services under title V of the Older

21 Americans Act of 1965 (as in effect on the day after

22 the effective date of this section).

23 (2) EXISTING FACILITIES AND OTHER FEDERAL

24 RESOURCES.—Pursuant to paragraph (1), the Sec25 retary of Health and Human Services shall supply
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1 such office facilities, office supplies, support services,

2 and related expenses as may be minimally necessary

3 to carry out such functions. None of the funds made

4 available under this Act, or an amendment made by

5 this Act, may be used for the construction of office

6 facilities.

7 (h) INCIDENTAL TRANSFERS.—The Director of the

8 Office of Management and Budget, at such time or times

9 as the Director shall provide, may make such determina10 tions as may be necessary with regard to the functions

11 transferred by this section, and make such additional inci12 dental dispositions of personnel, assets, liabilities, grants,

13 contracts, property, records, and unexpended balances of

14 appropriations, authorizations, allocations, and other

15 funds held, used, arising from, available to, or to be made

16 available in connection with such functions, as may be nec17 essary to carry out this section. The Director of the Office

18 of Management and Budget shall provide for the termi19 nation of the affairs of all entities terminated by this sec20 tion and for such further measures and dispositions as

21 may be necessary to effectuate the objectives of this sec22 tion.

23 (i) EFFECT ON PERSONNEL.—

24 (1) TERMINATION OF CERTAIN POSITIONS.—

25 Positions whose incumbents are appointed by the
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1 President, by and with the advice and consent of the

2 Senate, the functions of which are transferred by

3 this section, shall terminate on the effective date of

4 this section.

5 (2) ACTIONS.—The Secretary of Health and

6 Human Services shall take such actions as may be

7 necessary, including reduction in force actions, con8 sistent with sections 3502 and 3595 of title 5, Unit9 ed States Code, to ensure that the personnel whose

10 positions relate to a function described in subsection

11 (b)(1)(A) and are not transferred under subsection

12 (b) are separated from service.

13 (j) SAVINGS PROVISIONS.—

14 (1) CONTINUING EFFECT OF LEGAL DOCU15 MENTS.—All orders, determinations, rules, regula16 tions, permits, agreements, grants, contracts, certifi17 cates, licenses, registrations, privileges, and other

18 administrative actions—

19 (A) that have been issued, made, granted,

20 or allowed to become effective by the President,

21 any Federal agency or official of a Federal

22 agency, or by a court of competent jurisdiction,

23 in the performance of functions that are trans24 ferred under this section; and
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1 (B) that were in effect before the effective

2 date of this section, or were final before the ef3 fective date of this section and are to become

4 effective on or after the effective date of this

5 section;

6 shall continue in effect according to their terms until

7 modified, terminated, superseded, set aside, or re8 voked in accordance with law by the President, the

9 Secretary of Health and Human Services or other

10 authorized official, a court of competent jurisdiction,

11 or by operation of law.

12 (2) PROCEEDINGS NOT AFFECTED.—

13 (A) IN GENERAL.—This section shall not

14 affect any proceedings, including notices of pro15 posed rulemaking, or any application for any li16 cense, permit, certificate, or financial assistance

17 pending before the Department of Labor on the

18 effective date of this section, with respect to

19 functions transferred by this section.

20 (B) CONTINUATION.—Such proceedings

21 and applications shall be continued. Orders

22 shall be issued in such proceedings, appeals

23 shall be taken from the orders, and payments

24 shall be made pursuant to the orders, as if this

25 section had not been enacted, and orders issued
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1 in any such proceedings shall continue in effect

2 until modified, terminated, superseded, or re3 voked by a duly authorized official, by a court

4 of competent jurisdiction, or by operation of

5 law.

6 (C) CONSTRUCTION.—Nothing in this

7 paragraph shall be construed to prohibit the

8 discontinuance or modification of any such pro9 ceeding under the same terms and conditions

10 and to the same extent that such proceeding

11 could have been discontinued or modified if this

12 section had not been enacted.

13 (3) SUITS NOT AFFECTED.—This section shall

14 not affect suits commenced before the effective date

15 of this section, and in all such suits, proceedings

16 shall be had, appeals taken, and judgments rendered

17 in the same manner and with the same effect as if

18 this section had not been enacted.

19 (4) NONABATEMENT OF ACTIONS.—No suit, ac20 tion, or other proceeding commenced by or against

21 the Department of Labor, or by or against any indi22 vidual in the official capacity of such individual as

23 an officer of the Department of Labor, shall abate

24 by reason of the enactment of this section.
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1 (5) ADMINISTRATIVE ACTIONS RELATING TO

2 PROMULGATION OF REGULATIONS.—Any administra3 tive action relating to the preparation or promulga4 tion of a regulation by the Department of Labor re5 lating to a function transferred under this section

6 may be continued by the Department of Health and

7 Human Services with the same effect as if this sec8 tion had not been enacted.

9 (k) TRANSITION.—The Secretary of Health and

10 Human Services may utilize—

11 (1) the services of officers, employees, and other

12 personnel of the Department of Labor with respect

13 to functions transferred to the Department of

14 Health and Human Services by this section; and

15 (2) funds appropriated to such functions;

16 for such period of time as may reasonably be needed to

17 facilitate the orderly implementation of this section.

18 (l) REFERENCES.—A reference in any other Federal

19 law, Executive order, rule, regulation, or delegation of au20 thority, or any document of or relating to—

21 (1) the Secretary of Labor with regard to func22 tions transferred under subsection (b), shall be

23 deemed to refer to the Secretary of Health and

24 Human Services; and
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1 (2) the Department of Labor with regard to

2 functions transferred under subsection (b), shall be

3 deemed to refer to the Department of Health and

4 Human Services.

5 (m) ADDITIONAL CONFORMING AMENDMENTS.—

6 (1) RECOMMENDED LEGISLATION.—After con7 sultation with the appropriate committees of Con8 gress and the Director of the Office of Management

9 and Budget, the Secretary of Health and Human

10 Services shall prepare and submit to Congress rec11 ommended legislation containing technical and con12 forming amendments to reflect the changes made by

13 this section.

14 (2) SUBMISSION TO CONGRESS.—Not later than

15 90 days after the date of enactment of this Act, the

16 Secretary of Health and Human Services shall sub17 mit the recommended legislation referred to in para18 graph (1).

19 SEC. 10. EFFECTIVE DATES.

20 (a) GENERAL EFFECTIVE DATE.—Except as pro21 vided in subsection (b), this Act and the amendments

22 made by this Act shall take effect on the date of enactment

23 of this Act.

24 (b) SPECIAL EFFECTIVE DATES.—
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1 (1) COMMUNITY SERVICE EMPLOYMENT.—Sec2 tion 9 (other than subsections (f) and (m) of such

3 section), and the amendment made by section 3,

4 shall take effect on July 1, 1996.

5 (2) OTHER PROGRAMS.—The amendments

6 made by sections 4 and 5 shall take effect on Octo7 ber 1, 1996.

Æ