Calendar No. 553

104TH CONGRESS

2D SESSION S. 1643

[Report No. 104–344]

A BILL

To amend the Older Americans Act of 1965 to authrough 2001, and for other purposes. thorize appropriations for fiscal years 1997

JULY 31, 1996

Reported with an amendment
II

Calendar No. 553

104TH CONGRESS

2D SESSION S. 1643

[Report No. 104–344]

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, Mrs. KASSEBAUM, and Mr. COATS) introduced the

following bill; which was read twice and referred to the Committee on

Labor and Human Resources

JULY 31, 1996

Reported by Mrs. KASSEBAUM, with an amendment

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

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’’.
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1 SEC. 2. TABLE OF CONTENTS.

2 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.

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.

3 SEC. 3. AMENDMENT TO THE OLDER AMERICAN COMMU4 NITY SERVICE EMPLOYMENT ACT FOR FIS5 CAL YEAR 1996.

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

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

8 amended to read as follows:

9 ‘‘TITLE V—SENIOR COMMUNITY

10 SERVICE EMPLOYMENT PRO11 GRAM

12 ‘‘SEC. 501. SHORT TITLE.

13 ‘‘This title may be cited as the ‘Older American Com14 munity Service Employment Act’.

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

16 ‘‘(a) ALLOTMENT.—

17 ‘‘(1) RESERVATION OF FUNDS FOR TRIBAL OR18 GANIZATIONS.—Of the amount appropriated under

19 section 507 for fiscal year 1996, the Assistant Sec20 retary shall reserve not more than 1.3 percent for
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1 making grants under this title to tribal organiza2 tions.

3 ‘‘(2) ALLOTMENT OF FUNDS.—

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

5 under paragraph (1), the Assistant Secretary

6 shall allot the remainder of the amount appro7 priated under section 507 for fiscal year 1996

8 among the States as follows:

9 ‘‘(i) IN GENERAL.—The product of

10 the remainder for such fiscal year and the

11 base percentage rate for such fiscal year

12 shall be allotted among the States propor13 tionately based on their respective shares

14 of the funds appropriated for fiscal year

15 1995 and allotted for the States to carry

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

17 the date of enactment of the Older Ameri18 cans Amendments of 1995).

19 ‘‘(ii) BALANCE.—The balance of the

20 amount appropriated under section 507 for

21 fiscal year 1996 shall be allotted in accord22 ance with subparagraph (C).

23 ‘‘(B) BASE PERCENTAGE RATES.—For

24 purposes of subparagraph (A)(i), the base per-
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1 centage rate for fiscal year 1996 shall be 80

2 percent.

3 ‘‘(C) ALLOTMENTS BASED ON AGE AND

4 PER CAPITA INCOME.—The balance referred to

5 in subparagraph (A)(ii) shall be allotted as fol6 lows:

7 ‘‘(i) ALLOTMENT.—Subject to clause

8 (ii), each State shall be allotted the

9 amount that bears the same ratio to the

10 balance as the product of the number of

11 individuals 55 years of age or older in the

12 State and the allotment percentage of the

13 State bears to the sum of the correspond14 ing products for all the States.

15 ‘‘(ii) REDUCTION.—The amounts al16 lotted under clause (i) shall be reduced

17 proportionately to the extent necessary to

18 increase other allotments made under such

19 clause to achieve the following:

20 ‘‘(I) STATES.—Each State shall

be allotted not less than 1 21 ⁄2 of 1 per22 cent of the balance for the fiscal year

23 for which the determination is made.

24 ‘‘(II) OTHER JURISDICTIONS.—

25 Guam, American Samoa, the Virgin
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1 Islands of the United States, and the

2 Commonwealth of the Northern Mari3 ana Islands shall each be allotted not

less than 1 4 ⁄4 of 1 percent of the bal5 ance for the fiscal year for which the

6 determination is made or $50,000,

7 whichever is greater.

8 ‘‘(D) ALLOTMENT PERCENTAGE.—For

9 purposes of subparagraph (C)(i)—

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

11 through (iv), the allotment percentage of

12 each State shall be 100 percent less the

13 percentage that bears the same ratio to 50

14 percent as the per capita income of the

15 State bears to the per capita income of all

16 the States;

17 ‘‘(ii) the allotment percentage for each

18 State shall be not more than 75 percent

and not less than 331 19 ⁄3 percent;

20 ‘‘(iii) the allotment percentage for

21 Guam, American Samoa, the Virgin Is22 lands of the United States, and the Com23 monwealth of the Northern Mariana Is24 lands shall be 75 percent; and
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1 ‘‘(iv) subject to clause (ii), the allot2 ment percentage for a State whose allot3 ment percentage is not adjusted under

4 clause (ii) or (iii) shall be adjusted propor5 tionately to the extent necessary to achieve

6 the percentages required under such

7 clauses.

8 ‘‘(E) LIMITATION.—For purposes of sub9 paragraphs (C)(ii)(I) and (D)(i), the term

10 ‘State’ does not include Guam, American

11 Samoa, the Virgin Islands of the United States,

12 or the Commonwealth of the Northern Mariana

13 Islands.

14 ‘‘(F) POPULATION AND PER CAPITA IN15 COME DETERMINATIONS.—For purposes of this

16 paragraph, the number of individuals 55 years

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

18 income of each State, shall be determined by

19 the Assistant Secretary on the basis of the most

20 recent data available from the Bureau of the

21 Census and other reliable demographic data

22 satisfactory to the Assistant Secretary.

23 ‘‘(b) REALLOTMENT.—If any part of the amount al24 lotted under this section to a State for a fiscal year is

25 not distributed to the State for such fiscal year, such part
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1 shall be reallotted under this section for such fiscal year

2 to the remaining eligible States.

3 ‘‘SEC. 503. SENIOR COMMUNITY SERVICE EMPLOYMENT

4 PROGRAM.

5 ‘‘(a) AUTHORITY FOR PROGRAM.—

6 ‘‘(1) GRANTS.—With funds allotted under sec7 tion 502(a), 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 title.
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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 title.

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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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).xxx

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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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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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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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 title shall provide

23 for the payment of the costs described in sub24 paragraph (B), (C), or (D) from non-Federal

25 sources.
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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 application at such time, in

6 such form, and containing such information as the

7 Assistant Secretary may require by rule, including

8 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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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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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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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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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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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 title.

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

25 administer the project after receiving the advice of—
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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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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 title 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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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 title 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 title provide employment (including arranging for

19 the provision of employment) under this title to

20 older individuals who on the day before the effective

21 date of section 3 of the Older Americans Amend22 ments of 1995 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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1 ‘‘(f) EQUITABLE USE OF FUNDS.—To the maximum

2 extent practicable, the State or tribal organization shall

3 use funds available for this title to enter into agreements

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

5 manner, taking into consideration the number of eligible

6 older individuals in the various geographical areas served

7 under the agreements or by the State or organization and

8 the relative distribution of such individuals among urban

9 and rural areas.

10 ‘‘(g) PRIOR SUBMISSION OF PROJECT DESCRIP11 TION.—If an entity carries out a project under this title

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

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

14 the entity shall carry out the project in consultation with

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

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

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

18 project.

19 ‘‘(h) ALTERNATIVE WORK MODES; TECHNICAL AS20 SISTANCE.—To assist entities carrying out, and partici21 pants in, projects assisted under this title, the State or

22 tribal organization may develop alternatives for innovative

23 work modes and provide technical assistance in creating

24 job opportunities through work sharing and other experi25 mental methods to groups representing business and in-
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1 dustry 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 title 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 title.
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1 ‘‘SEC. 504. PARTICIPANTS NOT FEDERAL EMPLOYEES.

2 ‘‘(a) PROJECT PARTICIPANTS.—Older individuals de3 scribed in section 503(a) who participate in a project as4 sisted under this title shall not be considered to be Federal

5 employees as a result of such participation and shall not

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

7 States Code.

8 ‘‘(b) WORKMEN’S COMPENSATION.—No State or

9 tribal organization shall enter into an agreement under

10 section 503(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. 505. EMPLOYMENT ASSISTANCE AND FEDERAL HOUS21 ING AND FOOD STAMP PROGRAMS.

22 ‘‘Funds received by eligible individuals from projects

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

24 income of such individuals for purposes of determining the

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

26 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 ‘‘SEC. 506. DEFINITIONS.

5 ‘‘As used in this title:

6 ‘‘(1) ADMINISTRATIVE COSTS.—The term ‘ad7 ministrative costs’, used with respect to a project,

8 means—

9 ‘‘(A) the costs of—

10 ‘‘(i) salaries, wages, and fringe bene11 fits for project administrators;

12 ‘‘(ii) consumable office supplies used

13 by project staff;

14 ‘‘(iii) development, preparation, pres15 entation, management, and evaluation of

16 the project;

17 ‘‘(iv) establishment and maintenance

18 of accounting and management informa19 tion systems;

20 ‘‘(v) establishment and maintenance

21 of advisory councils;

22 ‘‘(vi) travel of the project administra23 tors;
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1 ‘‘(vii) rent, utilities, custodial services,

2 and indirect costs attributable to the

3 project;

4 ‘‘(viii) training of staff and technical

5 assistance to subproject sponsor staff;

6 ‘‘(ix) equipment and material for use

7 by project staff; or

8 ‘‘(x) audit services; and

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

10 paragraph (5)(B).

11 ‘‘(2) COMMUNITY SERVICES.—The term ‘com12 munity services’ means—

13 ‘‘(A) social, health, welfare, and edu14 cational services (particularly literacy tutoring);

15 ‘‘(B) legal and other counseling services

16 and assistance, including tax counseling and as17 sistance and financial counseling;

18 ‘‘(C) library, recreational, and other simi19 lar services;

20 ‘‘(D) conservation, maintenance, or res21 toration of natural resources;

22 ‘‘(E) community betterment or beautifi23 cation;

24 ‘‘(F) antipollution and environmental qual25 ity efforts;
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1 ‘‘(G) weatherization activities;

2 ‘‘(H) economic development; and

3 ‘‘(I) such other services essential and nec4 essary to the community involved as the Sec5 retary, by regulation, may require.

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

7 used with respect to an individual, means an individ8 ual who is a member of a family that has an income

9 that is not more than 125 percent of the poverty

10 line.

11 ‘‘(4) OLDER INDIVIDUAL—The term ‘older indi12 vidual’ means an individual who is 55 years of age

13 or older.

14 ‘‘(5) OTHER PARTICIPANT COSTS.—

15 ‘‘(A) IN GENERAL.—The term ‘other par16 ticipant costs’ includes—

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

18 ‘‘(I) transportation;

19 ‘‘(II) training, including training

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

21 ‘‘(III) special job or personal

22 counseling; and

23 ‘‘(ii) incidental expenses necessary for

24 the participation of the participants, such
28

•S 1643 RS

1 as workshoes, safety eyeglasses, uniforms,

2 tools, and similar items.

3 ‘‘(B) EXCLUSION.—The term shall not in4 clude—

5 ‘‘(i) the costs of performing assess6 ments, including the assessment described

7 in section 503(d)(11);

8 ‘‘(ii) administrative expenses relating

9 to the training of participants;

10 ‘‘(iii) the costs of providing counseling

11 to participants;

12 ‘‘(iv) the costs of providing supportive

13 services to participants;

14 ‘‘(v) transportation costs incurred in

15 training;

16 ‘‘(vi) the costs of evaluating partici17 pants for continued participation in em18 ployment in a project described in this

19 title; or

20 ‘‘(vii) the costs of developing host

21 agency assignments and unsubsidized em22 ployment for participants.

23 ‘‘(6) PLACED IN UNSUBSIDIZED EMPLOY24 MENT.—
29

•S 1643 RS

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

2 unsubsidized employment’ means, with respect

3 to an individual who was a participant in a

4 project described in this title, that—

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

6 position with an employer not later than

7 90 days after the individual terminated

8 participation in the project, and the posi9 tion was not subsidized with Federal

10 funds; and

11 ‘‘(II) the placement was attibutable to

12 participation in the project;

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

14 date of the placement, to employ the indi15 vidual in the position for not less than 90

16 days;

17 ‘‘(iii) the individual was still employed

18 in the position 30 days after the place19 ment; and

20 ‘‘(iv) the individual was better off eco21 nomically when employed in the position

22 than the individual was when participating

23 in the project.

24 ‘‘(B) BETTER OFF ECONOMICALLY.—As

25 used in this paragraph, the term ‘better off eco-
30

•S 1643 RS

1 nomically’, used with respect to an individual,

2 means an individual who was a participant in a

3 project described in this title and was placed in

4 a position of employment if—

5 ‘‘(i) the individual received greater in6 come for employment in the position than

7 for participation in the project;

8 ‘‘(ii) the individual received greater

9 benefits (as defined by the State in which

10 the project is located) for employment in

11 the position than for participation in the

12 project; or

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

14 the following criteria:

15 ‘‘(I) The position provided to the

16 individual 20 or more hours of em17 ployment per week and a wage that is

18 not less than the minimum wage de19 termined in accordance with section

20 6(a)(1) of the Fair Labor Standards

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

22 ‘‘(II) The position was consistent

23 with the individual development plan

24 for the individual.
31

•S 1643 RS

1 ‘‘(III) The position provided free

2 housing to the individual.

3 ‘‘(IV) The position provided free

4 food or meals to the individual.

5 ‘‘(V) The position provided

6 health benefits to the individual.

7 ‘‘(VI) The position provided free

8 transportation, or transportation at a

9 reduced cost, to the individual.

10 ‘‘(VII) The position provided to

11 the individual such economic benefits,

12 other than the benefits described in

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

14 State in which the project is located

15 may determine to be appropriate.

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

17 means—

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

19 502 is increased as a result of the condition

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

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

22 502(a)(2)(C)(ii)(II).

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

24 the several States, the District of Columbia, the

25 Commonwealth of Puerto Rico, Guam, American
32

•S 1643 RS

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

2 the Commonwealth of the Northern Mariana Is3 lands.

4 ‘‘(9) TRIBAL ORGANIZATION.—Notwithstanding

5 section 102, the term ‘tribal organization’ means—

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

7 Indian tribe;

8 ‘‘(B) the legally established organization of

9 Indians that is controlled, sanctioned, or char10 tered by the recognized governing body of an

11 Indian tribe;

12 ‘‘(C) a legally established organization of

13 Indians that is democratically elected by the

14 adult members of the Indian community to be

15 served by such organization and that includes

16 the maximum participation of Indians in all

17 phases of the activities of the organization; and

18 ‘‘(D) a public or nonprofit private organi19 zation that is primarily controlled by and com20 prised of Indians or Indian tribes.

21 ‘‘SEC. 507. AUTHORIZATION OF APPROPRIATIONS.

22 ‘‘(a) IN GENERAL.—There are authorized to be ap23 propriated to carry out this title such sums as may be

24 necessary for fiscal year 1996.

25 ‘‘(b) PROGRAM YEAR AND EXTENSIONS.—
33

•S 1643 RS

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

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

3 during the annual period that—

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

5 immediately following the beginning of such fis6 cal year; and

7 ‘‘(B) ends on June 30 of the following cal8 endar year.

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

10 the period during which such amounts may be obli11 gated or expended in the case of a particular organi12 zation or agency receiving funds under this title if

13 the Secretary determines that such extension is nec14 essary to ensure the effective use of such funds by

15 such organization or agency. Any such extension

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

17 the end of such annual period.’’.

18 (b) TECHNICAL AND CONFORMING AMENDMENTS.—

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

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

21 inserting a period.

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

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

24 title V, the’’ and inserting ‘‘The’’.
34

•S 1643 RS

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

2 3013(a)(3)(A)) is amended by inserting ‘‘(as in ef3 fect on the day before the date of enactment of the

4 Older Americans Amendments of 1995)’’ after

5 ‘‘507’’.

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

7 1965.

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

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

10 ‘‘SECTION 1. SHORT TITLE.

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

12 of 1965’.

13 ‘‘SEC. 2. TABLE OF CONTENTS.

14 ‘‘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.
35

•S 1643 RS

‘‘TITLE II—STATE PROGRAMS ON AGING

‘‘Subtitle A—General Provisions

‘‘Sec. 201. Eligibility of States.

‘‘Sec. 202. State plans.

‘‘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 RS

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 RS

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 RS

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 RS

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 RS

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 RS

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 RS

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 RS

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 RS

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 RS

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 RS

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 RS

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 RS

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 RS

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 RS

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 RS

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 RS

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 RS

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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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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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-
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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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 RS

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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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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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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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 RS

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 RS

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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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 RS

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 RS

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 RS

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 sub22 clause (II);

23 ‘‘(V) the boundaries of existing

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

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 RS

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 RS

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 RS

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 RS

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 RS

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 RS

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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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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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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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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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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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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•S 1643 RS

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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•S 1643 RS

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 RS

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 RS

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 RS

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 RS

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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•S 1643 RS

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 RS

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 RS

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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•S 1643 RS

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 RS

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 RS

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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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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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 RS

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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•S 1643 RS

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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•S 1643 RS

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 RS

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 RS

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 RS

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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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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•S 1643 RS

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 RS

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 RS

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 RS

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 RS

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 RS

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 RS

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 RS

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 RS

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 RS

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 RS

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 RS

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 RS

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 RS

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 RS

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 RS

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 RS

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 RS

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 RS

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 RS

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 RS

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-
155

•S 1643 RS

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—
156

•S 1643 RS

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 RS

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 RS

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 RS

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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•S 1643 RS

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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•S 1643 RS

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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•S 1643 RS

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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•S 1643 RS

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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•S 1643 RS

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 RS

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 RS

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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•S 1643 RS

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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•S 1643 RS

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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•S 1643 RS

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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•S 1643 RS

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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•S 1643 RS

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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•S 1643 RS

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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•S 1643 RS

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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•S 1643 RS

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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•S 1643 RS

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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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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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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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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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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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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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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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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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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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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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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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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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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•S 1643 RS

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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•S 1643 RS

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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•S 1643 RS

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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•S 1643 RS

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.

8 SECTION 1. SHORT TITLE.

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

10 Amendments of 1996’’.

11 SEC. 2. TABLE OF CONTENTS.

12 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.

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.

13 SEC. 3. AMENDMENT TO THE OLDER AMERICAN COMMU14 NITY SERVICE EMPLOYMENT ACT FOR FISCAL

15 YEAR 1996.

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

17 Service Employment Act (42 U.S.C. 3056–3056i) is amend18 ed to read as follows:
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•S 1643 RS

1 ‘‘TITLE V—SENIOR COMMUNITY

2 SERVICE EMPLOYMENT PRO3 GRAM

4 ‘‘SEC. 501. SHORT TITLE.

5 ‘‘This title may be cited as the ‘Older American Com6 munity Service Employment Act’.

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

8 ‘‘(a) ALLOTMENT.—

9 ‘‘(1) RESERVATION OF FUNDS FOR TRIBAL ORGA10 NIZATIONS.—Of the amount appropriated under sec11 tion 507 for fiscal year 1996, the Assistant Secretary

12 shall reserve not more than 1.3 percent for making

13 grants under this title to tribal organizations.

14 ‘‘(2) ALLOTMENT OF FUNDS.—

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

16 under paragraph (1), the Assistant Secretary

17 shall allot the remainder of the amount appro18 priated under section 507 for fiscal year 1996

19 among the States as follows:

20 ‘‘(i) IN GENERAL.—Each State shall be

21 allotted an amount equal to the product

22 of—

23 ‘‘(I) the base percentage rate for

24 such fiscal year; and
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•S 1643 RS

1 ‘‘(II) a sum that bears the same

2 ratio to such remainder for such fiscal

3 year as the amount of funds allotted to

4 such State for fiscal year 1995 to carry

5 out this title (as in effect on the day

6 before the date of enactment of the

7 Older Americans Amendments of 1996)

8 bears to the total amount allotted to all

9 States for fiscal year 1995 to carry out

10 such title.

11 ‘‘(ii) BALANCE.—The balance of the re12 mainder for fiscal year 1996 shall be allot13 ted in accordance with subparagraph (C).

14 ‘‘(B) BASE PERCENTAGE RATES.—For pur15 poses of subparagraph (A)(i), the base percentage

16 rate for fiscal year 1996 shall be 80 percent.

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

18 CAPITA INCOME.—The balance referred to in sub19 paragraph (A)(ii) shall be allotted as follows:

20 ‘‘(i) ALLOTMENT.—Subject to clause

21 (ii), each State shall be allotted an amount

22 equal to the product of—

23 ‘‘(I) the allotment percentage of

24 the State; and
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•S 1643 RS

1 ‘‘(II) a sum that bears the same

2 ratio to such balance for such fiscal

3 year as the number of individuals 55

4 years of age or older in the State bears

5 to the population of such individuals

6 in all States.

7 ‘‘(ii) REDUCTION.—The amounts allot8 ted under clause (i) shall be reduced propor9 tionately to the extent necessary to increase

10 other allotments made under such clause to

11 achieve the following:

12 ‘‘(I) STATES.—Each State shall

be allotted not less than 1 13 ⁄2 of 1 percent

14 of the balance for the fiscal year for

15 which the determination is made.

16 ‘‘(II) OTHER JURISDICTIONS.—

17 Guam, American Samoa, the Virgin

18 Islands of the United States, and the

19 Commonwealth of the Northern Mari20 ana Islands shall each be allotted not

less than 1 21 ⁄4 of 1 percent of the balance

22 for the fiscal year for which the deter23 mination is made or $50,000, which24 ever is greater.
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•S 1643 RS

1 ‘‘(D) ALLOTMENT PERCENTAGE.—For pur2 poses of subparagraph (C)(i)—

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

4 through (iv), the allotment percentage of

5 each State shall be 100 percent less the per6 centage that bears the same ratio to 50 per7 cent as the per capita income of the State

8 bears to the per capita income of all the

9 States;

10 ‘‘(ii) the allotment percentage for each

11 State shall be not more than 75 percent and

not less than 331 12 ⁄3 percent;

13 ‘‘(iii) the allotment percentage for

14 Guam, American Samoa, the Virgin Islands

15 of the United States, and the Common16 wealth of the Northern Mariana Islands

17 shall be 75 percent; and

18 ‘‘(iv) subject to clause (ii), the allot19 ment percentage for a State whose allotment

20 percentage is not adjusted under clause (ii)

21 or (iii) shall be adjusted proportionately to

22 the extent necessary to achieve the percent23 ages required under such clauses.

24 ‘‘(E) LIMITATION.—For purposes of sub25 paragraphs (C)(ii)(I) and (D)(i), the term
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•S 1643 RS

1 ‘State’ does not include Guam, American Samoa,

2 the Virgin Islands of the United States, or the

3 Commonwealth of the Northern Mariana Islands.

4 ‘‘(F) POPULATION AND PER CAPITA INCOME

5 DETERMINATIONS.—For purposes of this para6 graph, the number of individuals 55 years of age

7 or older in each State, and the per capita income

8 of each State, shall be determined by the Assist9 ant Secretary on the basis of the most recent

10 data available from the Bureau of the Census

11 and other reliable demographic data satisfactory

12 to the Assistant Secretary.

13 ‘‘(b) REALLOTMENT.—If any part of the amount allot14 ted under this section to a State for a fiscal year is not

15 distributed to the State for such fiscal year, such part shall

16 be reallotted under this section for such fiscal year to the

17 remaining eligible States.

18 ‘‘SEC. 503. SENIOR COMMUNITY SERVICE EMPLOYMENT

19 PROGRAM.

20 ‘‘(a) AUTHORITY FOR PROGRAM.—

21 ‘‘(1) GRANTS.—With funds allotted under section

22 502(a), the Assistant Secretary shall make grants to

23 eligible States and tribal organizations for the pur24 pose of providing, to unemployed low-income older in25 dividuals who have poor employment prospects (as
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•S 1643 RS

1 determined in accordance with standards issued by

2 the States and organizations), part-time employment

3 opportunities providing community services, includ4 ing providing services for a business, to the extent

5 permitted by subsection (b)(3).

6 ‘‘(2) USE OF FUNDS.—

7 ‘‘(A) WAGES AND BENEFITS.—

8 ‘‘(i) IN GENERAL.—Except as provided

9 in clause (ii) or subparagraph (C) or (D),

10 not less than 90 percent of the funds made

11 available through a grant made under para12 graph (1) shall be used to pay wages and

13 benefits for older individuals who are em14 ployed under projects carried out under this

15 title.

16 ‘‘(ii) SMALL STATES.—Except as pro17 vided in subparagraph (C) or (D), not less

18 than 85 percent of the funds made available

19 through a grant made under paragraph (1)

20 to a small State shall be used to pay wages

21 and benefits for older individuals who are

22 employed under projects carried out under

23 this title.

24 ‘‘(B) ADMINISTRATIVE COSTS.—
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•S 1643 RS

1 ‘‘(i) IN GENERAL.—Except as provided

2 in clause (ii), not more than 10 percent of

3 the funds made available through a grant

4 made under paragraph (1) may be used to

5 pay for administrative costs.

6 ‘‘(ii) SMALL STATES.—Not more than

7 15 percent of the funds made available

8 through a grant made under paragraph (1)

9 to a small State may be used to pay for ad10 ministrative costs.

11 ‘‘(C) OTHER PARTICIPANT COSTS; PROJECTS

12 CARRIED OUT DIRECTLY.—

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

14 organization that receives a grant under

15 paragraph (1) for a project and that elects

16 to carry out the project directly, or through

17 an agreement under subsection (b) with a

18 political subdivision, may request that the

19 Assistant Secretary provide for a fiscal

20 year—

21 ‘‘(I) a general waiver of subpara22 graph (A); or

23 ‘‘(II) the general waiver and an

24 additional waiver of subparagraph

25 (A).
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•S 1643 RS

1 ‘‘(ii) REQUEST.—

2 ‘‘(I) IN GENERAL.—The State or

3 tribal organization shall submit such a

4 request at such time, in such form, and

5 containing such information as the As6 sistant Secretary may require by rule.

7 ‘‘(II) INFORMATION FOR ADDI8 TIONAL WAIVER.—Except as provided

9 in subclause (III), a State or tribal or10 ganization that requests such an addi11 tional waiver for a fiscal year shall

12 submit with the request information

13 demonstrating that at least 30 percent

14 of the participants in the projects car15 ried out through a grant made under

16 paragraph (1) for the previous year to

17 the State or organization were placed

18 in unsubsidized employment.

19 ‘‘(III) WAIVER.—The Assistant

20 Secretary may elect to waive the re21 quirement described in subclause (II)

22 for tribal organizations serving Native

23 American populations in which the

24 unemployment rate (as determined by

25 the Secretary of Labor for the most re-
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•S 1643 RS

1 cent 12-month period for which data

2 are available, prior to the fiscal year

3 for which the determination is made)

4 exceeds 50 percent.

5 ‘‘(iii) APPROVAL.—If the Assistant

6 Secretary determines that the State or trib7 al organization has submitted a request that

8 meets the requirements of clause (ii), the As9 sistant Secretary shall approve the request.

10 ‘‘(iv) GENERAL WAIVER.—A State or

11 tribal organization that receives only a gen12 eral waiver referred to in this subparagraph

13 may use—

14 ‘‘(I) not less than 80 percent of

15 the funds made available through the

16 grant for the fiscal year for which the

17 waiver is requested to pay wages and

18 benefits described in subparagraph

19 (A)(i);

20 ‘‘(II) not more than 10 percent

21 (or not more than 15 percent in the

22 case of a small State) of such funds to

23 pay for administrative costs; and
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•S 1643 RS

1 ‘‘(III) the remaining portion of

2 such funds to pay for other participant

3 costs.

4 ‘‘(v) ADDITIONAL WAIVER.—A State or

5 tribal organization that receives a general

6 waiver and an additional waiver referred to

7 in this subparagraph may use—

8 ‘‘(I) not less than 75 percent of

9 the funds made available through the

10 grant for the fiscal year for which the

11 waiver is requested to pay wages and

12 benefits described in subparagraph

13 (A)(i);

14 ‘‘(II) not more than 10 percent

15 (or not more than 15 percent in the

16 case of a small State) of such funds to

17 pay for administrative costs; and

18 ‘‘(III) the remaining portion of

19 such funds to pay for other participant

20 costs.

21 ‘‘(D) OTHER PARTICIPANT COSTS; PROJECTS

22 CARRIED OUT UNDER AGREEMENTS.—

23 ‘‘(i) IN GENERAL.—An entity, other

24 than a State or tribal organization that re25 ceives a grant under subsection (a), or a po-
227

•S 1643 RS

1 litical subdivision, that carries out a project

2 under a grant made under paragraph (1)

3 may request that the State or tribal organi4 zation that received the grant provide for a

5 fiscal year—

6 ‘‘(I) a general waiver of subpara7 graph (A); and

8 ‘‘(II) an additional waiver of sub9 paragraph (A).

10 ‘‘(ii) APPLICATION OF PROVISIONS.—

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

12 subparagraph (C) shall apply to such re13 quests and such general and additional

14 waivers, as appropriate, except that ref15 erences in such provisions—

16 ‘‘(I) to a State or tribal organiza17 tion shall be deemed to be references to

18 the entity referred to in clause (i); and

19 ‘‘(II) to the Assistant Secretary

20 shall be deemed to be references to the

21 State or tribal organization that re22 ceived the grant referred to in clause

23 (i).

24 ‘‘(E) NON-FEDERAL SOURCES.—To the

25 maximum extent practicable, an entity that car-
228

•S 1643 RS

1 ries out a project under this title shall provide

2 for the payment of the costs described in sub3 paragraph (B), (C), or (D) from non-Federal

4 sources.

5 ‘‘(b) ELIGIBILITY FOR GRANTS.—

6 ‘‘(1) APPLICATION AND AGREEMENTS.—To be eli7 gible to receive a grant under subsection (a), a State

8 or tribal organization shall submit to the Assistant

9 Secretary an application at such time, in such form,

10 and containing such information as the Assistant

11 Secretary may require by rule, including an assur12 ance that funds made available through such grant—

13 ‘‘(A) will be used by the State or tribal or14 ganization to carry out projects for the purpose

15 specified in subsection (a)(1)—

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

17 requirements of subsection (d)); or

18 ‘‘(ii) through agreements that satisfy

19 the requirements of this subsection and sub20 section (d); and

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

22 involving the construction, operation, or mainte23 nance of any facility used or to be used as a

24 place for sectarian religious instruction or wor25 ship.
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•S 1643 RS

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

2 agreements shall be entered into by the State or tribal

3 organization with—

4 ‘‘(A) public or nonprofit private agencies or

5 organizations;

6 ‘‘(B) political subdivisions of States having

7 elected or duly appointed governing officials (or

8 combinations of such political subdivisions);

9 ‘‘(C) tribal organizations; and

10 ‘‘(D) area agencies on aging.

11 ‘‘(3) AGREEMENTS WITH BUSINESSES.—At the

12 election of a State or tribal organization that receives

13 a grant made under subsection (a), not more than 5

14 percent of the funds made available through the grant

15 may be used to enter into agreements with businesses

16 (giving special consideration to businesses in growth

17 industries) to pay for not more than 50 percent of the

18 cost of providing part-time employment (including

19 arranging for the provision of part-time employment)

20 to older individuals described in subsection (a)(1).

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

22 whom a State or tribal organization will enter into an

23 agreement under subsection (b), the State or organization—

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

25 basis; and
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•S 1643 RS

1 ‘‘(2) shall take into consideration, where appro2 priate, the demonstrated ability of the entity to pro3 vide employment (including arranging for the provi4 sion of employment) to older individuals as described

5 in subsection (a)(1).

6 ‘‘(d) REQUIREMENTS.—

7 ‘‘(1) IN GENERAL.—Each agreement entered into

8 under subsection (b) for a project shall provide that

9 no payment shall be made by the State or tribal orga10 nization toward the cost of such project unless the

11 State or tribal organization determines that such

12 project, or the entity that carries out such project, as

13 appropriate, will satisfy each of the conditions de14 scribed in paragraphs (2) through (13). Each State or

15 tribal organization that carries out a project directly

16 under subsection (b) shall ensure that such project or

17 the State or organization, as appropriate, will satisfy

18 each of the conditions described in paragraphs (2)

19 through (13).

20 ‘‘(2) FEDERAL SHARE REQUIREMENT.—

21 ‘‘(A) IN GENERAL.—The entity that carries

22 out the project shall use funds received for such

23 project that are made available through a grant

24 made under subsection (a) to pay for the Federal

25 share of the cost of the project.
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•S 1643 RS

1 ‘‘(B) FEDERAL SHARE.—The Federal share

2 of the cost of the project shall be not more than

3 85 percent (or not more than 50 percent in the

4 case of a project carried out under an agreement

5 described in subsection (b)(3)).

6 ‘‘(C) NON-FEDERAL SHARE.—The non-Fed7 eral share of such cost shall be contributed in

8 cash or in kind. In determining the amount of

9 the non-Federal share, the Assistant Secretary

10 may attribute fair market value to services and

11 facilities contributed from non-Federal sources.

12 ‘‘(3) PERSONNEL.—The project shall provide em13 ployment only for older individuals described in sub14 section (a)(1), except for necessary technical, adminis15 trative, and supervisory personnel. Such personnel

16 shall, to the fullest extent possible, be recruited from

17 among older individuals described in subsection

18 (a)(1).

19 ‘‘(4) COMMUNITIES.—

20 ‘‘(A) IN GENERAL.—Except as provided in

21 subparagraph (B), if such project is carried out

22 by or under an agreement with a State, the

23 project shall provide employment for such indi24 viduals in the community in which such individ25 uals reside, or in nearby communities.
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•S 1643 RS

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

2 carried out by a tribal organization that receives

3 a grant under subsection (a), or enters into an

4 agreement under subsection (b) with a State that

5 receives a grant under subsection (a), the project

6 shall provide employment for such individuals

7 who are Indians residing on an Indian reserva8 tion, as the term is defined in section 2601(2) of

9 the Energy Policy Act of 1992 (25 U.S.C.

10 3501(2)).

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

12 carried out under an agreement described in sub13 section (b)(3)) shall employ older individuals de14 scribed in subsection (a)(1) in positions in which the

15 individuals provide services—

16 ‘‘(A) related to publicly owned and operated

17 facilities or public projects; or

18 ‘‘(B) related to projects sponsored by orga19 nizations described in section 501(c)(3) of the In20 ternal Revenue Code of 1986 that are exempt

21 from taxation under section 501(a) of such Code.

22 ‘‘(6) GENERAL WELFARE.—The project shall con23 tribute to the general welfare of the community in

24 which the project is carried out.
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•S 1643 RS

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

2 shall—

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

4 opportunities over the opportunities that would

5 otherwise be available;

6 ‘‘(B) not result in the displacement (includ7 ing partial displacement, such as a reduction in

8 the hours of nonovertime work or wages or em9 ployment benefits) of currently employed workers

10 (as of the date of the beginning of the project);

11 and

12 ‘‘(C) not impair existing contracts (as of the

13 date of the beginning of the project) or result in

14 the substitution of Federal funds for other funds

15 in connection with work that would otherwise be

16 performed.

17 ‘‘(8) RECRUITMENT AND SELECTION.—In carry18 ing out the project, the entity shall utilize methods of

19 recruitment and selection (including listing job va20 cancies with an employment agency operated by any

21 State or political subdivision of a State) that will en22 sure that the maximum number of older individuals

23 described in subsection (a)(1) will have an oppor24 tunity to participate in the project.
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•S 1643 RS

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

2 training as may be necessary to make the most effec3 tive use of the skills and talents of such individuals

4 who are participating in the project and assist in

5 their transition into employment for which no finan6 cial assistance is provided under this title.

7 ‘‘(10) ADVICE.—The entity shall establish or ad8 minister the project after receiving the advice of—

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

10 service in which the project will provide employ11 ment; and

12 ‘‘(B) individuals who are knowledgeable

13 with regard to the needs of older individuals.

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

15 an assessment of—

16 ‘‘(A) the skills and talents of each partici17 pating older individual;

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

19 supportive services; and

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

21 perform community service employment;

22 except to the extent that the project has an assessment

23 of such skills and talents, such need, or such ability,

24 of the individual that was prepared recently pursuant
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•S 1643 RS

1 to another Federal or State employment or job train2 ing program.

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

4 that carries out such project shall post in the project

5 workplace a notice, and shall make available to each

6 individual associated with such project a written ex7 planation, clarifying the law with respect to allowable

8 and unallowable political activities under chapter 15

9 of title 5, United States Code, applicable to the

10 project and to each category of individuals associated

11 with such project.

12 ‘‘(13) PRIORITY IN EMPLOYMENT OPPORTUNI13 TIES.—In providing employment opportunities (in14 cluding arranging for the provision of employment

15 opportunities) under the project, such entity shall give

16 priority to low-income older individuals described in

17 subsection (a)(1) who are 60 years of age or older.

18 ‘‘(e) PREREQUISITE DETERMINATIONS AND COORDINA19 TION.—

20 ‘‘(1) DETERMINATIONS.—To effectively carry out

21 subsection (b), a State or tribal organization that re22 ceives a grant under subsection (a) for a fiscal year

23 shall, after consultation with the appropriate area

24 agencies on aging and with other organizations that
236

•S 1643 RS

1 received funds under this title in the preceding fiscal

2 year—

3 ‘‘(A) make a determination identifying the

4 localities in the State (or on an Indian reserva5 tion if a tribal organization receives such a

6 grant or enters into an agreement with a State

7 that receives such a grant), in which projects de8 scribed in subsection (b) are most needed;

9 ‘‘(B) in making such determination, con10 sider the local employment situations and the

11 types of skills possessed by available local older

12 individuals described in subsection (a)(1); and

13 ‘‘(C) make a determination identifying po14 tential projects for, and the number and percent15 age of such individuals in the local population

16 of, each such locality.

17 ‘‘(2) COORDINATION.—To increase employment

18 opportunities available to older individuals, the State

19 or tribal organization shall coordinate the projects as20 sisted under this title with—

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

22 carried out under this Act; and

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

24 job training programs.
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1 ‘‘(3) PARTICIPANTS.—To the maximum extent

2 practicable, the State or tribal organization shall en3 sure that entities that carry out projects under this

4 title provide employment (including arranging for the

5 provision of employment) under this title to older in6 dividuals who on the day before the effective date of

7 section 3 of the Older Americans Amendments of 1996

8 were participants under an agreement entered into

9 under section 502(b) (as in effect on the day before

10 such date).

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

12 extent practicable, the State or tribal organization shall use

13 funds available for this title to enter into agreements under

14 subsection (b), or carry out this title, in an equitable man15 ner, taking into consideration the number of eligible older

16 individuals in the various geographical areas served under

17 the agreements or by the State or organization and the rel18 ative distribution of such individuals among urban and

19 rural areas.

20 ‘‘(g) PRIOR SUBMISSION OF PROJECT DESCRIPTION.—

21 If an entity carries out a project under this title in a plan22 ning and service area, and the entity is not the area agency

23 on aging for the planning and service area, the entity shall

24 carry out the project in consultation with the area agency

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

3 ‘‘(h) ALTERNATIVE WORK MODES; TECHNICAL AS4 SISTANCE.—To assist entities carrying out, and partici5 pants in, projects assisted under this title, the State or trib6 al organization may develop alternatives for innovative

7 work modes and provide technical assistance in creating job

8 opportunities through work sharing and other experimental

9 methods to groups representing business and industry, and

10 workers, as well as to individual employers, where appro11 priate.

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

13 under subsection (b) to enter into agreements described in

14 paragraph (3) of such subsection for a fiscal year, the State

15 or tribal organization shall submit to the Assistant Sec16 retary a report describing the projects carried out under

17 such agreements.

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

19 tribal organization that receives a grant under subsection

20 (a) for a project shall use a portion of the funds available

21 for administrative costs, as described in subsection

22 (a)(2)(B)—

23 ‘‘(1) to collect data and carry out analyses relat24 ed to the need for community service employment

25 within the population served under the grant; and
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1 ‘‘(2) to disseminate information obtained

2 through the data collection and analyses.

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

4 from time to time, rules that require States and tribal orga5 nizations that receive grants under subsection (a) to estab6 lish, to the maximum extent practicable, for projects carried

7 out under this title the goal of annually placing not less

8 than 20 percent of project participants in employment for

9 which no financial assistance is provided under this title.

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

11 ‘‘(a) PROJECT PARTICIPANTS.—Older individuals de12 scribed in section 503(a)(1) who participate in a project

13 assisted under this title shall not be considered to be Federal

14 employees as a result of such participation and shall not

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

16 States Code.

17 ‘‘(b) WORKMEN’S COMPENSATION.—No State or tribal

18 organization shall enter into an agreement under section

19 503(b) with, or carry out such a project through, an entity

20 who is, or whose employees are, under State law, exempted

21 from the operation of the State workmen’s compensation

22 law, generally applicable to employees, unless the entity un23 dertakes to provide either through insurance by a recognized

24 carrier, or by self-insurance, as authorized by State law,

25 that the individuals employed under the contract shall enjoy
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•S 1643 RS

1 workmen’s compensation coverage equal to such coverage

2 provided by law for covered employment.

3 ‘‘SEC. 505. EMPLOYMENT ASSISTANCE AND FEDERAL HOUS4 ING AND FOOD STAMP PROGRAMS.

5 ‘‘Funds received by eligible individuals from projects

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

7 income of such individuals for purposes of determining the

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

9 participate in any housing program for which Federal

10 funds may be available or for any income determination

11 under the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.).

12 ‘‘SEC. 506. DEFINITIONS.

13 ‘‘As used in this title:

14 ‘‘(1) ADMINISTRATIVE COSTS.—The term ‘admin15 istrative costs’, used with respect to a project,

16 means—

17 ‘‘(A) the costs of—

18 ‘‘(i) salaries, wages, and fringe benefits

19 for project administrators;

20 ‘‘(ii) consumable office supplies used by

21 project staff;

22 ‘‘(iii) development, preparation, pres23 entation, management, and evaluation of

24 the project;
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1 ‘‘(iv) establishment and maintenance

2 of accounting and management information

3 systems;

4 ‘‘(v) establishment and maintenance of

5 advisory councils;

6 ‘‘(vi) travel of the project administra7 tors;

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

9 and indirect costs attributable to the

10 project;

11 ‘‘(viii) training of staff and technical

12 assistance to subproject sponsor staff;

13 ‘‘(ix) equipment and material for use

14 by project staff; or

15 ‘‘(x) audit services; and

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

17 paragraph (6)(B).

18 ‘‘(2) COMMUNITY SERVICE EMPLOYMENT.—The

19 term ‘community service employment’ means employ20 ment described in section 503(a)(1).

21 ‘‘(3) COMMUNITY SERVICES.—The term ‘commu22 nity services’ means—

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

24 services (particularly literacy tutoring);
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•S 1643 RS

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

2 assistance, including tax counseling and assist3 ance and financial counseling;

4 ‘‘(C) library and recreational services, and

5 other similar services;

6 ‘‘(D) conservation, maintenance, or restora7 tion 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;

14 ‘‘(I) services for a business, to the extent

15 permitted by section 503(b)(3); and

16 ‘‘(J) such other services as the Secretary de17 termines by regulation to be essential and nec18 essary to the community involved.

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

20 with respect to an individual, means an individual

21 who is a member of a family that has an income that

22 is not more than 125 percent of the poverty line.

23 ‘‘(5) OLDER INDIVIDUAL—The term ‘older indi24 vidual’ means an individual who is 55 years of age

25 or older.
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1 ‘‘(6) OTHER PARTICIPANT COSTS.—

2 ‘‘(A) IN GENERAL.—The term ‘other partici3 pant costs’ includes—

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

5 ‘‘(I) transportation;

6 ‘‘(II) training, including training

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

8 ‘‘(III) special job or personal

9 counseling; and

10 ‘‘(ii) incidental expenses necessary for

11 the participation of the participants, such

12 as workshoes, safety eyeglasses, uniforms,

13 tools, and similar items.

14 ‘‘(B) EXCLUSION.—The term shall not in15 clude—

16 ‘‘(i) the costs of performing assess17 ments, including the assessment described in

18 section 503(d)(11);

19 ‘‘(ii) administrative expenses relating

20 to the training of participants;

21 ‘‘(iii) the costs of providing counseling

22 to participants;

23 ‘‘(iv) the costs of providing supportive

24 services to participants;
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•S 1643 RS

1 ‘‘(v) transportation costs incurred in

2 training;

3 ‘‘(vi) the costs of evaluating partici4 pants for continued participation in em5 ployment in a project described in this title;

6 or

7 ‘‘(vii) the costs of developing host agen8 cy assignments and unsubsidized employ9 ment for participants.

10 ‘‘(7) PLACED IN UNSUBSIDIZED EMPLOYMENT.—

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

12 unsubsidized employment’ means, with respect to

13 an individual who was a participant in a

14 project described in this title, that—

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

16 position with an employer not later than 90

17 days after the individual terminated par18 ticipation in the project, and the position

19 was not subsidized with Federal funds; and

20 ‘‘(II) the placement was attributable to

21 participation in the project;

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

23 date of the placement, to employ the indi24 vidual in the position for not less than 90

25 days;
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•S 1643 RS

1 ‘‘(iii) the individual was still employed

2 in the position 30 days after the placement;

3 and

4 ‘‘(iv) the individual was better off eco5 nomically when employed in the position

6 than the individual was when participating

7 in the project.

8 ‘‘(B) BETTER OFF ECONOMICALLY.—As used

9 in this paragraph, the term ‘better off economi10 cally’, used with respect to an individual, means

11 an individual who was a participant in a

12 project described in this title and was placed in

13 a position of employment if—

14 ‘‘(i) the individual received greater in15 come for employment in the position than

16 for participation in the project;

17 ‘‘(ii) the individual received greater

18 benefits (as defined by the State in which

19 the project is located) for employment in the

20 position than for participation in the

21 project; or

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

23 following criteria:

24 ‘‘(I) The position provided to the

25 individual 20 or more hours of employ-
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•S 1643 RS

1 ment per week and a wage that is not

2 less than the minimum wage deter3 mined in accordance with section

4 6(a)(1) of the Fair Labor Standards

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

6 ‘‘(II) The position was consistent

7 with the individual development plan

8 for the individual.

9 ‘‘(III) The position provided free

10 housing to the individual.

11 ‘‘(IV) The position provided free

12 food or meals to the individual.

13 ‘‘(V) The position provided health

14 benefits to the individual.

15 ‘‘(VI) The position provided free

16 transportation, or transportation at a

17 reduced cost, to the individual.

18 ‘‘(VII) The position provided to

19 the individual such economic benefits,

20 other than the benefits described in

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

22 State in which the project was located

23 determined to be appropriate.

24 ‘‘(8) SMALL STATE.—The term ‘small State’

25 means—
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•S 1643 RS

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

2 502 is increased as a result of the condition spec3 ified in section 502(a)(2)(C)(ii)(I); and

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

5 502(a)(2)(C)(ii)(II).

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

7 several States, the District of Columbia, the Common8 wealth of Puerto Rico, Guam, American Samoa, the

9 Virgin Islands of the United States, and the Common10 wealth of the Northern Mariana Islands.

11 ‘‘(10) TRIBAL ORGANIZATION.—Notwithstanding

12 section 102, the term ‘tribal organization’ means—

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

14 Indian tribe;

15 ‘‘(B) the legally established organization of

16 Indians that is controlled, sanctioned, or char17 tered by the recognized governing body of an In18 dian tribe;

19 ‘‘(C) a legally established organization of

20 Indians that is democratically elected by the

21 adult members of the Indian community to be

22 served by such organization and that includes

23 the maximum participation of Indians in all

24 phases of the activities of the organization; and
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•S 1643 RS

1 ‘‘(D) a public or nonprofit private organi2 zation that is primarily controlled by and com3 prised of Indians or Indian tribes.

4 ‘‘SEC. 507. AUTHORIZATION OF APPROPRIATIONS.

5 ‘‘(a) IN GENERAL.—There are authorized to be appro6 priated to carry out this title such sums as may be nec7 essary for fiscal year 1996.

8 ‘‘(b) PROGRAM YEAR AND EXTENSIONS.—

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

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

11 during the annual period that—

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

13 immediately following the beginning of such fis14 cal year; and

15 ‘‘(B) ends on June 30 of the following cal16 endar year.

17 ‘‘(2) EXTENSIONS.—If, in accordance with sec18 tion 502(b), any part of an allotment is reallotted to

19 a State for a fiscal year, such part shall be considered

20 to be a portion of the appropriate allotment of the

21 State for the fiscal year, but shall remain available

22 for obligation for the State until the end of the suc23 ceeding fiscal year.’’.

24 (b) TECHNICAL AND CONFORMING AMENDMENTS.—
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•S 1643 RS

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

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

3 inserting a period.

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

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

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

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

8 3013(a)(3)(A)) is amended by inserting ‘‘(as in effect

9 on the day before the date of enactment of the Older

10 Americans Amendments of 1996)’’ after ‘‘507’’.

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

12 1965.

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

14 seq.) is amended to read as follows:

15 ‘‘SECTION 1. SHORT TITLE.

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

17 of 1965’.

18 ‘‘SEC. 2. TABLE OF CONTENTS.

19 ‘‘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.
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•S 1643 RS

‘‘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.

‘‘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 Program

‘‘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.

‘‘Sec. 303. Services provided by charitable, religious, or private organizations.

‘‘Subtitle B—Supportive Services and Senior Centers

‘‘Sec. 311. Program authorized.

‘‘Subtitle C—Nutrition Services

‘‘Sec. 321. Program authorized.

‘‘Sec. 322. Additional requirements.
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‘‘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.

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 responsibility

6 of the United States to assist older individuals to remain

7 living independently and with dignity for as long as pos8 sible 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 en15 tering 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, State long-term care om19 budsman programs, senior community service em20 ployment programs, and disease prevention and

21 health promotion programs; and
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•S 1643 RS

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

2 ‘‘(A) securing and maintaining maximum

3 independence and dignity in a home environ4 ment for older individuals capable of self-care

5 with appropriate supportive services and nutri6 tion services;

7 ‘‘(B) removing individual and social bar8 riers to personal independence for older individ9 uals;

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

11 vulnerable older individuals;

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

13 receive managed in-home and community-based

14 long-term care services;

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

16 protected against abuse, neglect, and exploi17 tation; and

18 ‘‘(F) promoting employment opportunities

19 and community services for older individuals.

20 ‘‘SEC. 102. DEFINITIONS.

21 ‘‘Except as otherwise provided in this Act, as used in

22 this Act:

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

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

25 alcohol abuse’) the willful—
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•S 1643 RS

1 ‘‘(A) infliction of injury, unreasonable con2 finement, intimidation, or cruel punishment

3 with resulting physical harm, pain, or mental

4 anguish; or

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

6 caregiver, of goods or services that are necessary

7 to avoid physical harm, mental anguish, or men8 tal illness.

9 ‘‘(2) ADMINISTRATION.—The term ‘Administra10 tion’ means the Administration on Aging.

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

12 CHILDREN WITH DISABILITIES.—

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

14 The term ‘adult child with a disability’ means a

15 child who—

16 ‘‘(i) is 18 years of age or older;

17 ‘‘(ii) is financially dependent on an

18 older individual who is a parent of the

19 child; and

20 ‘‘(iii) has a disability.

21 ‘‘(B) ADULT CHILDREN WITH DISABIL22 ITIES.—The term ‘adult children with disabil23 ities’ means more than 1 adult child with a dis24 ability.
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•S 1643 RS

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

2 means an individual who is a member of an Alaska

3 Native organization.

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

5 ‘Alaska Native organization’ means a Native village,

6 regional corporation, or village corporation, as de7 fined in or established pursuant to the Alaska Native

8 Claims Settlement Act (43 U.S.C. 1601 et seq.), that

9 is recognized as eligible for the special programs and

10 services provided by the United States to Alaska Na11 tives because of their status as Alaska Natives.

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

13 agency on aging’ means an area agency on aging des14 ignated under section 201(a)(2)(A), a State agency

15 performing the functions of an area agency on aging

16 as the result of a designation of the entire State as

17 a single planning and service area, or a State agency

18 that is administering a program under section

19 302(c)(3) (for purposes of provisions relating to such

20 program).

21 ‘‘(7) ASSISTANT SECRETARY.—The term ‘Assist22 ant Secretary’ means the Assistant Secretary for

23 Aging.

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

25 ‘assistive technology’ means technology, an engineer-
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•S 1643 RS

1 ing methodology, or a scientific principle, appro2 priate to meet the needs of, and address the barriers

3 confronted by, older individuals with functional limi4 tations.

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

6 ‘board and care facility’ means an institution regu7 lated by a State pursuant to section 1616(e) of the

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

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

10 an individual who has the responsibility for the care

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

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

13 operation of law.

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

15 a family member or other individual who provides

16 (on behalf of such individual or of a public or non17 profit private agency, organization, or institution)

18 uncompensated care to an older individual who needs

19 supportive services.

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

21 ‘case management service’—

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

23 implementation, carried out in cooperation with

24 an older individual (or the caregiver or caretaker
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•S 1643 RS

1 of the individual, where appropriate), of a care

2 plan—

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

4 or experienced in the case management

5 skills that are required to deliver the serv6 ices and coordination described in subpara7 graph (B); and

8 ‘‘(ii) to assess the needs, and to ar9 range, coordinate, and monitor an optimum

10 package of services to meet the needs, of the

11 older individual; and

12 ‘‘(B) includes services and coordination

13 such as—

14 ‘‘(i) comprehensive assessment of the

15 older individual (including the physical,

16 psychological, environmental, economic, and

17 social needs of the individual);

18 ‘‘(ii) development and implementation

19 of a service plan with the older individual

20 to mobilize the formal and informal re21 sources and services identified in the assess22 ment, including assistive technology, to meet

23 the needs of the older individual, including

24 coordination of the resources and services—
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•S 1643 RS

1 ‘‘(I) with the services identified in

2 any other plans that exist for various

3 formal services, such as hospital dis4 charge plans; and

5 ‘‘(II) with the information and

6 assistance services provided under this

7 Act;

8 ‘‘(iii) coordination and monitoring of

9 formal and informal service delivery, in10 cluding coordination and monitoring to en11 sure that services specified in the plan, in12 cluding assistive technology, are being pro13 vided;

14 ‘‘(iv) periodic reassessment and revi15 sion of the status of the older individual

16 with—

17 ‘‘(I) the older individual; or

18 ‘‘(II) if appropriate, a caregiver

19 or caretaker of the older individual;

20 and

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

22 the older individual, advocacy on behalf of

23 the older individual for needed services or

24 resources.
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•S 1643 RS

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

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

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

4 than 18 years of age.

5 ‘‘(14) COMMUNITY SERVICES.—The term ‘com6 munity services’ means—

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

8 services (particularly literacy tutoring);

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

10 assistance, including tax counseling and assist11 ance and financial counseling;

12 ‘‘(C) library and recreational services, and

13 other similar services;

14 ‘‘(D) conservation, maintenance, or restora15 tion of natural resources;

16 ‘‘(E) community betterment or beautifi17 cation;

18 ‘‘(F) antipollution and environmental qual19 ity efforts;

20 ‘‘(G) weatherization activities;

21 ‘‘(H) economic development;

22 ‘‘(I) services for a business, to the extent

23 permitted by section 223(b)(3); and
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•S 1643 RS

1 ‘‘(J) such other services as the Secretary de2 termines by regulation to be essential and nec3 essary to the community.

4 ‘‘(15) COMPREHENSIVE AND COORDINATED SYS5 TEM.—The term ‘comprehensive and coordinated sys6 tem’ means a system for providing all necessary sup7 portive services, and nutrition services, in a manner

8 designed to—

9 ‘‘(A) facilitate accessibility to, and utiliza10 tion of, all supportive services and nutrition

11 services provided within the geographic area

12 served by such system by any public or nonprofit

13 private agency, organization, or institution;

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

15 use of supportive services and nutrition services

16 in meeting the needs of older individuals;

17 ‘‘(C) use available resources efficiently and

18 with a minimum of duplication; and

19 ‘‘(D) encourage and assist public and pri20 vate entities that have unrealized potential for

21 meeting the service needs of older individuals to

22 assist the older individuals on a voluntary basis.

23 ‘‘(16) DISABILITY.—The term ‘disability’ means

24 (except when the term is used as part of the term ‘se25 vere disability’, ‘developmental disabilities’, ‘physical
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•S 1643 RS

1 and mental disabilities’, or ‘physical disabilities’) a

2 condition attributable to a mental or physical im3 pairment, or a combination of mental and physical

4 impairments, that results in substantial functional

5 limitations in 1 or more of the following major life

6 activities:

7 ‘‘(A) Self-care.

8 ‘‘(B) Use of receptive and expressive lan9 guage.

10 ‘‘(C) Learning.

11 ‘‘(D) Achievement of mobility.

12 ‘‘(E) Self-direction.

13 ‘‘(F) Independent living.

14 ‘‘(G) Achievement of economic self-suffi15 ciency.

16 ‘‘(H) Cognitive functioning.

17 ‘‘(I) Emotional adjustment.

18 ‘‘(17) ELDER ABUSE, NEGLECT, AND EXPLOI19 TATION.—The term ‘elder abuse, neglect, and exploi20 tation’ means abuse, neglect, and exploitation, of an

21 older individual.

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

23 means the illegal or improper act or process of an in24 dividual, including a caregiver, using the resources of
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1 an older individual for monetary or personal benefit,

2 profit, or gain.

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

4 means an entity that maximizes the collocation and

5 coordination of services for older individuals.

6 ‘‘(20) FRAIL.—The term ‘frail’ means, with re7 spect to an older individual in a State, that the older

8 individual is determined to be functionally impaired

9 because the individual—

10 ‘‘(A)(i) is unable to perform at least 2 ac11 tivities of daily living without substantial

12 human assistance, including verbal reminding,

13 physical cueing, or supervision; or

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

15 perform at least 3 such activities without such

16 assistance; or

17 ‘‘(B) due to a cognitive or other mental im18 pairment, requires substantial supervision be19 cause the individual behaves in a manner that

20 poses a serious health or safety hazard to the in21 dividual or to another individual.

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

23 ‘greatest economic need’ means the need resulting

24 from an income level at or below the poverty line.
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1 ‘‘(22) GREATEST SOCIAL NEED.—The term

2 ‘greatest social need’ means the need caused by non3 economic factors that include—

4 ‘‘(A) physical and mental disabilities;

5 ‘‘(B) language barriers; and

6 ‘‘(C) cultural, social, or geographical isola7 tion, including isolation caused by racial or eth8 nic status, that—

9 ‘‘(i) restricts the ability of an individ10 ual to perform normal daily tasks; or

11 ‘‘(ii) threatens the capacity of the indi12 vidual to live independently.

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

14 services’ includes—

15 ‘‘(A) services of homemaker and home health

16 aides;

17 ‘‘(B) visiting and telephone reassurance;

18 ‘‘(C) chore maintenance;

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

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

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

22 necessary to facilitate the ability of older indi23 viduals to remain at home and that is not avail24 able under programs carried out under other

25 Acts, except that not more than $150 per client
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•S 1643 RS

1 may be expended under this Act for such modi2 fication;

3 ‘‘(F) personal care services; and

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

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

6 plan submitted in accordance with section

7 202; and

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

9 the area plan submitted in accordance with

10 section 302.

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

12 ‘‘(A) except as used in title IV, an individ13 ual who is a member of an Indian tribe; and

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

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

16 paragraph (25)(B).

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

18 means—

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

20 band, nation, or other organized group or com21 munity that is—

22 ‘‘(i) recognized as eligible for the spe23 cial programs and services provided by the

24 United States to Indians because of their

25 status as Indians; or
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•S 1643 RS

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

2 Federal reservation or rancheria; and

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

4 nation, or other organized group or community

5 that is recognized as eligible for the special pro6 grams and services provided by the United

7 States to Indians because of their status as Indi8 ans.

9 ‘‘(26) INFORMATION AND ASSISTANCE SERVICE.—

10 The term ‘information and assistance service’ means

11 a service for older individuals that—

12 ‘‘(A) provides the individuals with current

13 information (as of the date the information is

14 provided) on opportunities and services available

15 to the individuals within their communities, in16 cluding information relating to assistive tech17 nology;

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

19 the individuals;

20 ‘‘(C) links the individuals to the opportuni21 ties and services that are available;

22 ‘‘(D) educates the individuals about insur23 ance benefits and public benefits (including var24 ious health care benefit options available to

25 qualified medicare beneficiaries, as defined in
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•S 1643 RS

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

2 U.S.C. 1396d(p)), within an area, such as fee3 for-service options, health maintenance organiza4 tion and other managed care options, and bene5 fits through medicare supplemental policies);

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

7 ensures that the individuals receive the services

8 needed by the individuals, and are aware of the

9 opportunities available to the individuals, by es10 tablishing adequate followup procedures; and

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

12 individuals, particularly—

13 ‘‘(i) older individuals with greatest so14 cial need; and

15 ‘‘(ii) older individuals with greatest

16 economic need.

17 ‘‘(27) INSURANCE BENEFIT.—The term ‘insur18 ance benefit’ means a benefit under—

19 ‘‘(A) the medicare program established

20 under title XVIII of the Social Security Act (42

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

22 ‘‘(B) the medicaid program established

23 under title XIX of the Social Security Act (42

24 U.S.C. 1396 et seq.);
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1 ‘‘(C) a public or private insurance pro2 gram;

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

4 ‘‘(E) a pension plan.

5 ‘‘(28) LEGAL ASSISTANCE.—The term ‘legal as6 sistance’—

7 ‘‘(A) means legal advice and representation

8 provided by an attorney to an older individual

9 with economic or social needs; and

10 ‘‘(B) includes—

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

12 other appropriate assistance by a paralegal

13 or law student under the direct supervision

14 of an attorney to such an older individual;

15 and

16 ‘‘(ii) counseling or representation by a

17 nonlawyer where permitted by law to such

18 an older individual.

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

20 ‘long-term care facility’ means—

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

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

23 U.S.C. 1395i–3(a));
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•S 1643 RS

1 ‘‘(B) any nursing facility, as defined in sec2 tion 1919(a) of the Social Security Act (42

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

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

5 care facility; and

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

7 a facility or institution described in subpara8 graph (A), (B), or (C).

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

10 used with respect to an individual, means—

11 ‘‘(A) except as used in subtitle C of title II,

12 an individual who is a member of a family that

13 has an income that is not more than 150 percent

14 of the poverty line; and

15 ‘‘(B) as used in subtitle C of title II, an in16 dividual who is a member of a family that has

17 an income that is not more than 125 percent of

18 the poverty line.

19 ‘‘(31) MEDICARE SUPPLEMENTAL POLICY.—The

20 term ‘medicare supplemental policy’ has the meaning

21 given the term in section 1882(g)(1) of the Social Se22 curity Act (42 U.S.C. 1395ss(g)(1)).

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

24 term ‘multipurpose senior center’ means a community

25 facility for the organization and provision of a broad
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1 spectrum of services for older individuals, which may

2 include the provision of health (including mental

3 health), social, nutritional, and educational services

4 and the provision of facilities for recreational activi5 ties, for older individuals.

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

7 American’ means—

8 ‘‘(A) an Indian;

9 ‘‘(B) an Alaska Native; or

10 ‘‘(C) a Native Hawaiian.

11 ‘‘(34) NATIVE HAWAIIAN.—The term ‘Native Ha12 waiian’ means any individual any of whose ancestors

13 were natives of the area that consists of the Hawaiian

14 Islands prior to 1778.

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

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

17 goods or services that are necessary to avoid

18 physical harm, mental anguish, or mental ill19 ness; or

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

21 goods or services.

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

23 with respect to any agency, institution, or organiza24 tion, means an agency, institution, or organization

25 that is, or is owned and operated by, 1 or more cor-
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•S 1643 RS

1 porations or associations no part of the net earnings

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

3 of any private shareholder or individual.

4 ‘‘(37) NUTRITION SERVICES.—The term ‘nutri5 tion services’ means the services authorized to be pro6 vided through a project carried out under subtitle C

7 of title III (including similar services provided under

8 title IV).

9 ‘‘(38) OLDER INDIVIDUAL.—The term ‘older in10 dividual’ means—

11 ‘‘(A) except as used in subtitle C of title II,

12 an individual who is 60 years of age or older;

13 and

14 ‘‘(B) as used in subtitle C of title II, an in15 dividual who is 55 years of age or older.

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

17 means an employee pension benefit plan, as defined

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

19 Security Act of 1974 (29 U.S.C. 1002(2)).

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

21 harm’ means bodily injury, bodily impairment, or

22 disease.

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

24 ‘planning and service area’ means an area designated

25 by a State agency under section 201(a)(1)(E), includ-
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•S 1643 RS

1 ing a single planning and service area described in

2 section 301(a)(1)(E), an area designated as described

3 in subsection (c), (d), or (e) of section 201, and a re4 maining area described in section 201(c)(2).

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

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

7 Management and Budget, and revised annually by

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

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

10 9902(2)) applicable to a family of the size involved.

11 ‘‘(43) PUBLIC BENEFIT.—The term ‘public bene12 fit’ means a benefit under—

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

14 Disability Insurance Benefits programs under

15 title II of the Social Security Act (42 U.S.C. 401

16 et seq.);

17 ‘‘(B) the medicare program established

18 under title XVIII of the Social Security Act, in19 cluding benefits as a qualified medicare bene20 ficiary, as defined in section 1905(p) of the So21 cial Security Act (42 U.S.C. 1396d(p));

22 ‘‘(C) the medicaid program established

23 under title XIX of the Social Security Act;

24 ‘‘(D) the program established under the

25 Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.);
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•S 1643 RS

1 ‘‘(E) the program established under the

2 Low-Income Home Energy Assistance Act of

3 1981 (42 U.S.C. 8621 et seq.);

4 ‘‘(F) the supplemental security income pro5 gram established under title XVI of the Social

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

7 ‘‘(G) a program determined to be appro8 priate by the Assistant Secretary.

9 ‘‘(44) REPRESENTATIVE PAYEE.—The term ‘rep10 resentative payee’ means a person who is appointed

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

12 older individual who is unable to manage funds by

13 reason of a physical or mental incapacity, any funds

14 owed to such individual by such entity.

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

16 the Secretary of Health and Human Services.

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

18 disability’ means a severe, chronic disability attrib19 utable to a mental or physical impairment, or a com20 bination of mental and physical impairments, that—

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

22 ‘‘(B) results in substantial functional limi23 tation in 3 or more of the major life activities

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

25 paragraph (16).
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•S 1643 RS

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

2 the several States, the District of Columbia, the Com3 monwealth of Puerto Rico, Guam, American Samoa,

4 the Virgin Islands of the United States, and the Com5 monwealth of the Northern Mariana Islands.

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

7 means the agency designated under section 201(a)(1).

8 ‘‘(49) SUPPORTIVE SERVICE.—The term ‘sup9 portive service’ means a service described in section

10 311.

11 ‘‘(50) TRIBAL ORGANIZATION.—

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

13 IV, the term ‘tribal organization’ means—

14 ‘‘(i) the recognized governing body of

15 an Indian tribe;

16 ‘‘(ii) the legally established organiza17 tion of Indians that is controlled, sanc18 tioned, or chartered by the recognized gov19 erning body of an Indian tribe;

20 ‘‘(iii) a legally established organization

21 of Indians that is democratically elected by

22 the adult members of the Indian community

23 to be served by such organization and that

24 includes the maximum participation of In-
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•S 1643 RS

1 dians in all phases of the activities of the

2 organization; and

3 ‘‘(iv) a public or nonprofit private or4 ganization that is primarily controlled by

5 and comprised of Indians or Indian tribes.

6 ‘‘(B) TITLE IV.—

7 ‘‘(i) DEFINITION.—As used in title IV,

8 the term ‘tribal organization’ means—

9 ‘‘(I) the recognized governing body

10 of an Indian tribe;

11 ‘‘(II) the legally established orga12 nization of Indians that is controlled,

13 sanctioned, or chartered by the recog14 nized governing body of an Indian

15 tribe; and

16 ‘‘(III) a legally established organi17 zation of Indians that is democrat18 ically elected by the adult members of

19 the Indian community to be served by

20 such organization and that includes

21 the maximum participation of Indians

22 in all phases of the activities of the or23 ganization.

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

25 subparagraph, the terms ‘Indian’ and ‘In-
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•S 1643 RS

1 dian tribe’ have the meanings given the

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

3 respectively.

4 ‘‘(51) UNIT OF GENERAL PURPOSE LOCAL GOV5 ERNMENT.—The term ‘unit of general purpose local

6 government’ means a political subdivision of a State,

7 whose authority is general and not limited to only 1

8 function or combination of related functions.

9 ‘‘Subtitle B—Administration

10 ‘‘SEC. 111. ESTABLISHMENT OF ADMINISTRATION ON

11 AGING.

12 ‘‘(a) ESTABLISHMENT.—There is established in the Of13 fice of the Secretary, an Administration on Aging, which

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

15 Act shall be administered through the Administration, act16 ing under the supervision of the Secretary.

17 ‘‘(b) ASSISTANT SECRETARY.—The Assistant Sec18 retary shall be appointed by the President by and with the

19 advice and consent of the Senate.

20 ‘‘(c) DESIGNATION RELATING TO THE ADMINISTRA21 TION OF THE STATE LONG-TERM CARE OMBUDSMAN PRO22 GRAM.—The Assistant Secretary shall designate an em23 ployee of the Administration who shall be responsible, under

24 the supervision of the Assistant Secretary, for the adminis-
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•S 1643 RS

1 tration of the State long-term care ombudsman program

2 carried out under this Act.

3 ‘‘(d) DESIGNATION RELATING TO THE ADMINISTRA4 TION OF THE SENIOR COMMUNITY SERVICE EMPLOYMENT

5 PROGRAM.—The Assistant Secretary shall designate an em6 ployee of the Administration who shall be responsible, under

7 the supervision of the Assistant Secretary, for the adminis8 tration of subtitle C of title II.

9 ‘‘(e) DESIGNATION RELATING TO THE ADMINISTRA10 TION OF NUTRITION SERVICES.—

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

12 shall designate an employee of the Administration

13 who shall be responsible, under the supervision of the

14 Assistant Secretary, for the administration of subtitle

15 C of title III.

16 ‘‘(2) QUALIFICATIONS.—The employee described

17 in paragraph (1) shall—

18 ‘‘(A) have expertise in nutrition and die19 tary services and planning; and

20 ‘‘(B)(i) be a registered dietitian;

21 ‘‘(ii) be a credentialed nutrition profes22 sional; or

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

24 substantially equivalent, as determined by the

25 Assistant Secretary, to the education and train-
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•S 1643 RS

1 ing for a registered dietitian or a credentialed

2 nutrition professional.

3 ‘‘(f) DESIGNATION RELATING TO THE ADMINISTRA4 TION OF PROGRAMS AFFECTING NATIVE AMERICANS.—The

5 Assistant Secretary shall designate an employee of the Ad6 ministration who has expertise with respect to programs

7 and services affecting Native Americans, to be responsible,

8 under the supervision of the Assistant Secretary, for the ad9 ministration of title IV and for coordination of other pro10 grams, projects, and activities carried out under this Act

11 that affect Native Americans.

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

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

14 are as follows:

15 ‘‘(1) ADMINISTRATION.—The Assistant Secretary

16 shall effectively carry out this Act by administering

17 grants made and contracts entered into under this

18 Act, and carrying out programs under this Act.

19 ‘‘(2) TECHNICAL ASSISTANCE AND CONSULTATION

20 FOR POLITICAL SUBDIVISIONS, AND TRIBAL ORGANIZA21 TIONS.—The Assistant Secretary shall provide tech22 nical assistance to, and consult with, States, political

23 subdivisions of States, and tribal organizations, with

24 respect to programs for older individuals and aging.
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•S 1643 RS

1 ‘‘(3) ASSISTANCE TO SECRETARY.—The Assistant

2 Secretary shall directly assist the Secretary in all

3 matters pertaining to problems of older individuals

4 and aging.

5 ‘‘(4) COORDINATION OF AND ASSISTANCE IN

6 PLANNING.—The Assistant Secretary shall coordinate,

7 and assist in, the planning and development by pub8 lic agencies (including Federal, State, and local agen9 cies and tribal organizations) and private agencies

10 and organizations of programs for older individuals

11 to facilitate the establishment of a nationwide net12 work of comprehensive, coordinated services, and op13 portunities, for older individuals.

14 ‘‘(5) STATISTICAL DATA REGARDING ASSISTED

15 ACTIVITIES.—The Assistant Secretary shall collect, for

16 each fiscal year beginning after September 30, 1996,

17 directly or by contract, statistical data regarding

18 services and activities provided with funds made

19 available under this Act, including—

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

21 activity provided with such funds (except any

22 service or activity relating to the State long-term

23 care ombudsman program carried out under this

24 Act—
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•S 1643 RS

1 ‘‘(i) the aggregate amount of such

2 funds expended to provide such service or

3 activity;

4 ‘‘(ii) the unduplicated number of indi5 viduals who received such service or partici6 pated in such activity;

7 ‘‘(iii) the unduplicated number of low8 income minority individuals who received

9 such service or participated in such activ10 ity; and

11 ‘‘(iv) the number of units of such serv12 ice or activity provided;

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

14 program data, including numbers, types, and

15 disposition of cases and complaints;

16 ‘‘(ii) major institutional care issues identi17 fied and addressed by the State long-term care

18 ombudsman program; and

19 ‘‘(iii) data on the statewide program devel20 opment, operations, and outreach of such pro21 gram; and

22 ‘‘(C) the number of multipurpose senior cen23 ters that received such funds.

24 ‘‘(6) UNIFORM DATA COLLECTION PROCE25 DURES.—The Assistant Secretary, in order to facili-
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•S 1643 RS

1 tate the collection of data described in paragraph (5),

2 shall, not later than 1 year after the date of enact3 ment of the Older Americans Amendments of 1996—

4 ‘‘(A) design and implement uniform data

5 collection procedures for use by State agencies,

6 including—

7 ‘‘(i) standardized data collection proce8 dures;

9 ‘‘(ii) procedures for collecting informa10 tion regarding gaps in services needed by

11 older individuals, as identified by service

12 providers who assist older individuals by

13 providing, collectively, supportive services

14 and nutrition services; and

15 ‘‘(iii) procedures for assessing the

16 unmet need for services provided under this

17 Act; and

18 ‘‘(B) prescribe uniform definitions and no19 menclature for the categories of data to be col20 lected (including standard definitions of terms,

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

22 be used under the State long-term care ombuds23 man program carried out under this Act).

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

25 serve as the effective and visible advocate for older in-
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•S 1643 RS

1 dividuals, within the Department of Health and

2 Human Services and with other departments, agen3 cies, and instrumentalities of the Federal Government

4 by maintaining active review of and commenting on

5 all Federal policies affecting older individuals.

6 ‘‘(8) INFORMATION ON COMMUNITY RE7 SOURCES.—The Assistant Secretary shall establish

8 and operate, directly or by grant or contract, a na9 tionwide toll-free telephone line that provides infor10 mation and assistance that—

11 ‘‘(A) enable individuals to locate commu12 nity resources that may be available to older in13 dividuals and their caregivers; and

14 ‘‘(B) build on, support, and are fully co15 ordinated with the activities of State agencies

16 and area agencies on aging.

17 ‘‘(b) FEDERAL AGENCY CONSULTATION.—The Assist18 ant Secretary, in carrying out the purpose and provisions

19 of this Act, shall coordinate activities with, advise, consult

20 with, and cooperate with the head of each department, agen21 cy, or instrumentality of the Federal Government proposing

22 or administering a program or service substantially related

23 to the purpose of this Act, with respect to such program

24 or service. The Assistant Secretary, in carrying out this Act,

25 may request the technical assistance and cooperation of the
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•S 1643 RS

1 heads of such departments, agencies, and instrumentalities

2 of the Federal Government as the Assistant Secretary con3 siders to be appropriate. The head of each department,

4 agency, or instrumentality of the Federal Government pro5 posing to establish or modify any program or service sub6 stantially related to the purpose of this Act shall coordinate

7 activities, consult, and cooperate with the Assistant Sec8 retary, with respect to such program or service.

9 ‘‘(c) POWERS.—In carrying out this Act, the Assistant

10 Secretary may exercise the following powers:

11 ‘‘(1) CONSULTATION; TECHNICAL ASSISTANCE.—

12 The Assistant Secretary may consult with and pro13 vide technical assistance to public or nonprofit pri14 vate agencies, organizations, and institutions.

15 ‘‘(2) TRAINING; TECHNICAL INSTRUCTION.—The

16 Assistant Secretary may provide short-term training

17 and technical instruction to public or non-profit pri18 vate agencies, organizations, and institutions.

19 ‘‘(3) GRANTS AND CONTRACTS.—

20 ‘‘(A) IN GENERAL.—The Assistant Sec21 retary, using funds appropriated under section

22 118(b), may make grants to States, public or

23 nonprofit private agencies, organizations, and

24 institutions, and tribal organizations, and may

25 enter into contracts with such agencies, organi-
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•S 1643 RS

1 zations, and institutions, and with individuals,

2 for activities—

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

4 utilization of innovative ideas and best

5 practices in programs and services for older

6 individuals;

7 ‘‘(ii) to help meet the needs for trained

8 personnel in fields related to aging; and

9 ‘‘(iii) to increase the awareness of citi10 zens of all ages of the need to assume per11 sonal responsibility for their aging

12 through—

13 ‘‘(I) education and training to de14 velop an adequately trained workforce

15 to work with and on behalf of older in16 dividuals;

17 ‘‘(II) research and policy analysis

18 to improve access to and delivery of

19 services for older individuals;

20 ‘‘(III) development of methods and

21 practices to improve quality and effec22 tiveness of such services;

23 ‘‘(IV) demonstration of new ap24 proaches to design, delivery, and co-
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•S 1643 RS

1 ordination of services and activities for

2 older individuals;

3 ‘‘(V) technical assistance in plan4 ning, development, implementation,

5 evaluation, and improvement of pro6 grams, projects, and activities under

7 this Act; and

8 ‘‘(VI) dissemination of informa9 tion on issues related to aging and

10 their impact on individuals and soci11 ety and information relating to serv12 ices and activities benefiting older in13 dividuals.

14 ‘‘(B) APPLICATION.—To be eligible to re15 ceive a grant or enter into a contract under this

16 paragraph, an entity or individual shall submit

17 an application to the Assistant Secretary at such

18 time, in such form, and containing such infor19 mation as the Secretary may by rule require.

20 ‘‘(4) MEASUREMENT AND EVALUATION.—

21 ‘‘(A) IN GENERAL.—The Assistant Secretary

22 may provide for the measurement and evaluation

23 of—

24 ‘‘(i) the impact of all activities author25 ized under this Act;
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•S 1643 RS

1 ‘‘(ii) the effectiveness of the activities

2 in achieving the stated goals of the activi3 ties, in general and in relation to the cost

4 of the activities;

5 ‘‘(iii) the impact of the activities on re6 lated programs;

7 ‘‘(iv) the effectiveness of the activities

8 in targeting for services under this Act older

9 individuals with the greatest economic need

10 and older individuals with the greatest so11 cial need; and

12 ‘‘(v) the structure and mechanisms of

13 the activities for delivery of services, includ14 ing, where appropriate, comparisons with

15 delivery of services to appropriate control

16 groups, composed of persons who have not

17 participated in such activities.

18 ‘‘(B) PERSONS CONDUCTING MEASUREMENT

19 AND EVALUATION.—Measurement and evaluation

20 of activities under subparagraph (A) shall be

21 conducted by persons who are not immediately

22 involved in the administration of the activities.

23 ‘‘(5) NATIONAL CENTER ON ELDER ABUSE.—The

24 Assistant Secretary may provide, through grants or
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•S 1643 RS

1 contracts, for the operation of a National Center on

2 Elder Abuse to—

3 ‘‘(A) annually compile, publish, and dis4 seminate a summary of recently conducted re5 search on elder abuse, neglect, and exploitation;

6 ‘‘(B) develop and maintain an information

7 clearinghouse on all programs (including private

8 programs) showing promise of success, for the

9 prevention, identification, and treatment of elder

10 abuse, neglect, and exploitation;

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

12 training materials for personnel who are engaged

13 or intend to engage in the prevention, identifica14 tion, and treatment of elder abuse, neglect, and

15 exploitation;

16 ‘‘(D) provide technical assistance to State

17 agencies and to other public and nonprofit pri18 vate agencies and organizations to assist the

19 agencies and organizations in planning, improv20 ing, developing, and carrying out programs and

21 activities relating to the special problems of elder

22 abuse, neglect, and exploitation; and

23 ‘‘(E) conduct research and demonstration

24 projects regarding the causes, prevention, identi-
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•S 1643 RS

1 fication, and treatment of elder abuse, neglect,

2 and exploitation.

3 ‘‘SEC. 113. REPORTS.

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

5 end of each fiscal year that begins after September 30, 1996,

6 the Assistant Secretary shall prepare and submit to the

7 President and to Congress a complete report on the pro8 grams, projects, and activities carried out under this Act

9 in such fiscal year.

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

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

12 provided under this Act for older individuals during

13 the fiscal year for which such report is submitted;

14 ‘‘(2) statistical data collected under section

15 112(a)(5); and

16 ‘‘(3) statistical data, and an analysis of infor17 mation, regarding the effectiveness of the State agen18 cies and area agencies on aging in targeting services

19 to older individuals with greatest economic need and

20 older individuals with greatest social need, with par21 ticular attention to low-income minority individuals.

22 ‘‘SEC. 114. REDUCTION OF PAPERWORK.

23 ‘‘In order to reduce unnecessary, duplicative, or dis24 ruptive demands for information, the Assistant Secretary,

25 in consultation with State agencies and other appropriate
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•S 1643 RS

1 agencies and organizations, shall continually review and

2 evaluate all requests by employees of the Administration for

3 information made under this Act and shall take such action

4 as may be necessary to reduce the paperwork required under

5 this Act. The Assistant Secretary shall request only such

6 information as the Assistant Secretary determines to be es7 sential to carry out the purpose and provisions of this Act

8 and, in gathering such information, shall make use of uni9 form definitions and nomenclature to the extent that such

10 definitions and nomenclature are available.

11 ‘‘SEC. 115. SURPLUS PROPERTY ELIGIBILITY.

12 ‘‘Any State or local government agency, and any non13 profit private organization or institution, that receives

14 funds appropriated for an activity for older individuals

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

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

17 or X of the Economic Opportunity Act of 1964 (42 U.S.C.

18 2991 et seq. or 2996 et seq.), or under the Community Serv19 ices Block Grant Act (42 U.S.C. 9901 et seq.), shall be

20 deemed eligible to receive for such activity, property that

21 is declared surplus to the needs of the Federal Government

22 in accordance with laws applicable to surplus property.

23 ‘‘SEC. 116. TREATMENT OF COSTS.

24 ‘‘No part of the costs of any activity carried out under

25 this Act (other than any wage or salary to any eligible indi-
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1 vidual) may be treated as income or benefits of any eligible

2 individual for the purpose of any other activity or provision

3 of Federal or State law.

4 ‘‘SEC. 117. DISASTER RELIEF.

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

6 each fiscal year, the Assistant Secretary shall reserve a por7 tion equal to .06 percent of the total amount appropriated

8 under subsections (d) and (e) of section 122 for such fiscal

9 year, to provide assistance to entities under this section.

10 ‘‘(b) ASSISTANCE.—The Assistant Secretary may pro11 vide assistance to eligible entities for the delivery of sup12 portive services, nutrition services, and related supplies

13 during any major disaster declared by the President under

14 the Robert T. Stafford Disaster Relief and Emergency As15 sistance Act (42 U.S.C. 5121 et seq.).

16 ‘‘(c) ELIGIBLE ENTITIES.—To be eligible to receive as17 sistance under this section, an entity shall be a recipient

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

19 ‘‘(d) APPLICATIONS.—To be eligible to receive assist20 ance under this section, an entity shall submit an applica21 tion to the Assistant Secretary at such time, in such man22 ner, and containing such information as the Assistant Sec23 retary may require.

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

25 subsection (a) for a fiscal year and that are not distributed
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1 by the end of the fiscal year shall be allotted to States as

2 provided in section 121(c), for use in the following fiscal

3 year.

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

5 construed to prohibit recipients of assistance under this sec6 tion from making expenditures for disaster relief for older

7 individuals, in excess of amounts provided under this sec8 tion, by using funds made available to the recipients under

9 another section of this Act, under another provision of Fed10 eral or State law, or from a private source.

11 ‘‘SEC. 118. AUTHORIZATION OF APPROPRIATIONS.

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

13 appropriated to the Administration to carry out this Act

14 (except to make grants and enter into contracts under para15 graph (3) or (5) of section 112(c) and to carry out section

16 112(a)(8)) such sums as may be necessary for fiscal years

17 1997 through 2001.

18 ‘‘(b) INNOVATIVE APPROACHES AND BEST PRACTICES;

19 INFORMATION ON COMMUNITY RESOURCES; NATIONAL CEN20 TER ON ELDER ABUSE.—There are authorized to be appro21 priated to the Administration to carry out paragraphs (3)

22 and (5) of section 112(c) and section 112(a)(8) such sums

23 as may be necessary for fiscal years 1997 through 2001.
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1 ‘‘Subtitle C—Funding

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

3 ‘‘(a) ALLOTMENT OF FUNDS FOR OMBUDSMAN PRO4 GRAM.—

5 ‘‘(1) POPULATION.—Subject to paragraph (2), in

6 carrying out the program described in subtitle B of

7 title II, the Assistant Secretary shall allot to each

8 State, from the funds appropriated under section

9 122(a) for each fiscal year, an amount that bears the

10 same ratio to the funds as the population of older in11 dividuals in the State bears to the population of older

12 individuals in all States.

13 ‘‘(2) MINIMUM ALLOTMENTS.—The amounts al14 lotted under paragraph (1) shall be reduced propor15 tionately to the extent necessary to increase other al16 lotments made under such paragraph to achieve the

17 following:

18 ‘‘(A) STATES.—Each State shall be allotted

not less than 1 19 ⁄2 of 1 percent of the funds appro20 priated under section 122(a) for the fiscal year

21 for which the determination is made.

22 ‘‘(B) GUAM; VIRGIN ISLANDS.—Guam and

23 the Virgin Islands of the United States shall each

be allotted not less than 1 24 ⁄4 of 1 percent of the
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1 funds appropriated under section 122(a) for the

2 fiscal year for which the determination is made.

3 ‘‘(C) AMERICAN SAMOA; NORTHERN MARI4 ANA ISLANDS.—American Samoa and the Com5 monwealth of the Northern Mariana Islands

shall each be allotted not less than 1 6 ⁄16 of 1 per7 cent of the funds appropriated under section

8 122(a) for the fiscal year for which the deter9 mination is made.

10 ‘‘(3) LIMITATION.—For the purposes of para11 graph (2), the term ‘State’ does not include Guam,

12 American Samoa, the Virgin Islands of the United

13 States, or the Commonwealth of the Northern Mari14 ana Islands.

15 ‘‘(4) POPULATION DETERMINATIONS.—For pur16 poses of this subsection, the number of older individ17 uals in each State shall be determined by the Assist18 ant Secretary on the basis of the most recent data

19 available from the Bureau of the Census and other re20 liable demographic data satisfactory to the Assistant

21 Secretary.

22 ‘‘(b) ALLOTMENT OF FUNDS FOR SENIOR COMMUNITY

23 SERVICE EMPLOYMENT PROGRAM.—

24 ‘‘(1) RESERVATION OF FUNDS FOR TRIBAL ORGA25 NIZATIONS.—Of the amount appropriated under sec-
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•S 1643 RS

1 tion 122(b) for each of fiscal years 1997 through

2 2001, the Assistant Secretary shall reserve not more

3 than 1.3 percent for making grants under subtitle C

4 of title II to tribal organizations.

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

6 1997 THROUGH 2001.—

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

8 under paragraph (1), the Assistant Secretary

9 shall allot the remainder of the amount appro10 priated under section 122(b) for each of fiscal

11 years 1997 through 2001 among the States as

12 follows:

13 ‘‘(i) FISCAL YEARS 1997 THROUGH

14 1999.—For each of fiscal years 1997, 1998,

15 and 1999—

16 ‘‘(I) each State shall be allotted

17 an amount equal to the product of—

18 ‘‘(aa) the base percentage

19 rate for such fiscal year; and

20 ‘‘(bb) a sum that bears the

21 same ratio to such remainder for

22 such fiscal year as the amount of

23 funds allotted to such State for

24 fiscal year 1995 to carry out title

25 V (as in effect on the day before
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•S 1643 RS

1 the date of enactment of the Older

2 Americans Amendments of 1996)

3 bears to the total amount allotted

4 to all States for fiscal year 1995

5 to carry out such title; and

6 ‘‘(II) the balance of the remainder

7 for such fiscal year shall be allotted in

8 accordance with subparagraph (C).

9 ‘‘(ii) FISCAL YEARS 2000 AND 2001.—

10 After reserving funds under paragraph (1),

11 the Assistant Secretary shall allot the bal12 ance of the amount appropriated under sec13 tion 122(b) for each of fiscal years 2000 and

14 2001 in accordance with subparagraph (C).

15 ‘‘(B) BASE PERCENTAGE RATES.—For pur16 poses of subparagraph (A)(i)(I), the base percent17 age rates shall be the following:

‘‘Fiscal year: Base percentage rate:

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

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

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

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

19 CAPITA INCOME.—Each balance referred to in

20 clauses (i)(II) and (ii) of subparagraph (A) for

21 a fiscal year shall be allotted as follows:
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•S 1643 RS

1 ‘‘(i) ALLOTMENT.—Subject to clause

2 (ii), each State shall be allotted an amount

3 equal to the product of—

4 ‘‘(I) the allotment percentage of

5 the State; and

6 ‘‘(II) a sum that bears the same

7 ratio to such balance for such fiscal

8 year as the number of individuals 55

9 years of age or older in the State bears

10 to the population of such individuals

11 in all States.

12 ‘‘(ii) REDUCTION.—The amounts allot13 ted under clause (i) shall be reduced propor14 tionately to the extent necessary to increase

15 other allotments made under such clause to

16 achieve the following:

17 ‘‘(I) STATES.—Each State shall

be allotted not less than 1 18 ⁄2 of 1 percent

19 of the balance for the fiscal year for

20 which the determination is made.

21 ‘‘(II) OTHER JURISDICTIONS.—

22 Guam, American Samoa, the Virgin

23 Islands of the United States, and the

24 Commonwealth of the Northern Mari25 ana Islands shall each be allotted not
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less than 1 1 ⁄4 of 1 percent of the balance

2 for the fiscal year for which the deter3 mination is made or $50,000, which4 ever is greater.

5 ‘‘(D) ALLOTMENT PERCENTAGE.—For pur6 poses of subparagraph (C)(i)—

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

8 through (iv), the allotment percentage of

9 each State shall be 100 percent less the per10 centage that bears the same ratio to 50 per11 cent as the per capita income of the State

12 bears to the per capita income of all the

13 States;

14 ‘‘(ii) the allotment percentage for each

15 State shall be not more than 75 percent and

not less than 331 16 ⁄3 percent;

17 ‘‘(iii) the allotment percentage for

18 Guam, American Samoa, the Virgin Islands

19 of the United States, and the Common20 wealth of the Northern Mariana Islands

21 shall be 75 percent; and

22 ‘‘(iv) subject to clause (ii), the allot23 ment percentage for a State whose allotment

24 percentage is not adjusted under clause (ii)

25 or (iii) shall be adjusted proportionately to
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•S 1643 RS

1 the extent necessary to achieve the percent2 ages required under such clauses.

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

5 ‘State’ does not include Guam, American Samoa,

6 the Virgin Islands of the United States, or the

7 Commonwealth of the Northern Mariana Islands.

8 ‘‘(F) POPULATION AND PER CAPITA INCOME

9 DETERMINATIONS.—For purposes of this para10 graph, the number of individuals 55 years of age

11 or older in each State, and the per capita income

12 of each State, shall be determined by the Assist13 ant Secretary on the basis of the most recent

14 data available from the Bureau of the Census

15 and other reliable demographic data satisfactory

16 to the Assistant Secretary.

17 ‘‘(c) ALLOTMENT OF FUNDS FOR SUPPORTIVE SERV18 ICES AND MULTIPURPOSE SENIOR CENTERS, AND NUTRI19 TION SERVICES.—

20 ‘‘(1) RESERVATION AND ALLOTMENT OF FUNDS

21 FOR TERRITORIES.—

22 ‘‘(A) IN GENERAL.—After reserving funds

23 under section 117(a) for each of fiscal years 1997

24 through 2001, the Assistant Secretary shall re25 serve not less than 0.625 percent of the remain-
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1 der of the sum of the amounts appropriated

2 under subsections (d) and (e) of section 122 for

3 each of such fiscal years for making allotments

4 to Guam, American Samoa, the Virgin Islands

5 of the United States, and the Commonwealth of

6 the Northern Mariana Islands.

7 ‘‘(B) ALLOTMENTS.—

8 ‘‘(i) GUAM; VIRGIN ISLANDS.—Guam

9 and the Virgin Islands of the United States

shall each be allotted not less than 1 10 ⁄4 of 1

11 percent of the remainder described in sub12 paragraph (A) for each of fiscal years 1997

13 through 2001.

14 ‘‘(ii) AMERICAN SAMOA; NORTHERN

15 MARIANA ISLANDS.—American Samoa and

16 the Commonwealth of the Northern Mariana

17 Islands shall each be allotted not less than

1 18 ⁄16 of 1 percent of the remainder described

19 in subparagraph (A) for each of fiscal years

20 1997 through 2001.

21 ‘‘(2) ALLOTMENT OF FUNDS TO STATES.—

22 ‘‘(A) ALLOTMENT.—Except as provided in

23 subparagraph (B), from the balance of the sum

24 of the amounts appropriated under subsections

25 (d) and (e) of section 122 for each of fiscal years
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•S 1643 RS

1 1997 through 2001 that remains after the res2 ervations made under section 117(a) and para3 graph (1), the Assistant Secretary shall allot to

4 each State the product of—

5 ‘‘(i) the balance;

6 ‘‘(ii) the elderly in-need percentage for

7 the State; and

8 ‘‘(iii) the older Americans Federal per9 centage for the State.

10 ‘‘(B) ADJUSTMENTS.—

11 ‘‘(i) OLDER AMERICANS FEDERAL PER12 CENTAGE.—For purposes of this paragraph,

13 the older Americans Federal percentage for

14 a State shall be not less than .32 and not

15 more than .36.

16 ‘‘(ii) STATE MINIMUM.—Each State

17 shall be allotted, under this paragraph, not

less than 1 18 ⁄2 of 1 percent of the remainder

19 described in paragraph (1)(A) for each fis20 cal year.

21 ‘‘(iii) MAINTENANCE OF FISCAL YEAR

22 1995 ASSISTANCE.—

23 ‘‘(I) HIGHER APPROPRIATION

24 YEAR.—As used in subclause (II), the

25 term ‘higher appropriation year’
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•S 1643 RS

1 means a fiscal year for which the sum

2 of the amounts appropriated under

3 subsections (d) and (e) of section 122

4 equals or is greater than the total

5 amount appropriated for fiscal year

6 1995 to carry out activities under ti7 tles III and VII, other than under sec8 tion 311 or chapter 2 of subtitle A of

9 title VII (as such titles, section, and

10 chapter were in effect on September 30,

11 1994).

12 ‘‘(II) ALLOTMENT FOR HIGHER

13 APPROPRIATION YEAR.—For any high14 er appropriation year, each State that

15 received funds in an amount of less

16 than $4,310,000 for fiscal year 1995 to

17 carry out activities described in sub18 clause (I), shall be allotted, under this

19 paragraph, not less than such amount.

20 ‘‘(III) LOWER APPROPRIATION

21 YEAR.—As used in subclause (IV), the

22 term ‘lower appropriation year’ means

23 a fiscal year that is not a higher ap24 propriation year.
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•S 1643 RS

1 ‘‘(IV) ALLOTMENT FOR LOWER

2 APPROPRIATION YEAR.—For any lower

3 appropriation year, each State referred

4 to in subclause (II) shall be allotted,

5 under this paragraph, not less than an

6 amount that bears the same ratio to

7 the sum of the amounts appropriated

8 under subsections (d) and (e) of section

9 122 for the fiscal year as the amount

10 received by the State to carry out ac11 tivities described in subclause (I) for

12 fiscal year 1995 bears to the total

13 amount received by all States to carry

14 out such activities for fiscal year 1995.

15 ‘‘(iv) MAINTENANCE OF FISCAL YEAR

16 1997 INCREASE.—

17 ‘‘(I) HIGHER APPROPRIATION

18 YEAR.—As used in subclause (II), the

19 term ‘higher appropriation year’

20 means a fiscal year for which the sum

21 of the amounts appropriated under

22 subsections (d) and (e) of section 122

23 equals or is greater than the sum of the

24 amounts so appropriated for fiscal

25 year 1997.
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•S 1643 RS

1 ‘‘(II) ALLOTMENT OF HIGHER AP2 PROPRIATION YEAR.—Each State that

3 received a percentage increase in an

4 allotment for fiscal year 1997 that is

5 greater than the percentage increase in

6 the total of the allotments made to

7 States for fiscal year 1997 shall be al8 lotted, under this paragraph, for each

9 subsequent higher appropriation year,

10 not less than the amount of the allot11 ment received by the State under this

12 paragraph for fiscal year 1997.

13 ‘‘(III) LOWER APPROPRIATION

14 YEAR.—As used in subclause (IV), the

15 term ‘lower appropriation year’ means

16 a fiscal year subsequent to fiscal year

17 1997 that is not a higher appropria18 tion year.

19 ‘‘(IV) ALLOTMENT FOR LOWER

20 APPROPRIATION YEAR.—For any lower

21 appropriation year, each State referred

22 to in subclause (II) shall be allotted,

23 under this paragraph, not less than an

24 amount that bears the same ratio to

25 the sum of the amounts appropriated
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1 under subsections (d) and (e) of section

2 122 for the fiscal year as the allotment

3 received by the State under this para4 graph for fiscal year 1997 bears to the

5 total of the allotments received by all

6 States under this paragraph for fiscal

7 year 1997.

8 ‘‘(v) CEILING.—No State may receive a

9 larger percentage increase in an allotment

10 for a fiscal year than the sum of—

11 ‘‘(I) the percentage increase in the

12 total of the allotments made to States

13 for the fiscal year; and

14 ‘‘(II) 3.75 percent.

15 ‘‘(vi) FLOOR.—No State may receive a

16 smaller percentage increase in an allotment

17 for a fiscal year than—

18 ‘‘(I) the percentage increase in the

19 total of the allotments made to States

20 for the fiscal year; minus

21 ‘‘(II) 4.00 percent.

22 ‘‘(vii) PRO RATA ADJUSTMENT.—After

23 making the allotments described in subpara24 graph (A), the Assistant Secretary shall ad-
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•S 1643 RS

1 just the allotments on a pro rata basis in

2 accordance with clauses (i) through (vi).

3 ‘‘(viii) PERCENTAGE INCREASE.— As

4 used in this subparagraph, the term ‘per5 centage increase’, used with respect to the

6 allotment of a State for a fiscal year, means

7 the percentage by which the allotment of the

8 State under this paragraph for the fiscal

9 year is greater than the allotment of the

10 State under this paragraph for the previous

11 fiscal year.

12 ‘‘(3) FEDERAL SHARE REQUIREMENT.—

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

14 an allotment under this subsection for a fiscal

15 year shall use funds made available through the

16 allotment to pay for the Federal share of the cost

17 of carrying out subtitles B and C of title III for

18 such fiscal year.

19 ‘‘(B) FEDERAL SHARE.—The Federal share

20 of the cost of carrying out such subtitles shall be

21 not more than 85 percent.

22 ‘‘(C) NON-FEDERAL SHARE.—The non-Fed23 eral share of such cost shall be contributed in

24 cash or in kind. In determining the amount of

25 the non-Federal share, the Assistant Secretary
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•S 1643 RS

1 may attribute fair market value to services and

2 facilities contributed from non-Federal sources.

3 ‘‘(d) PERMITTED USE OF ALLOTMENTS.—

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

5 ‘‘(A) STATES.—Except as provided in sub6 paragraph (B), an amount equal to the greater

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

8 allotments made under subsections (a) and (c)

9 and the assistance made available under section

10 231 to a State for a fiscal year shall be available

11 to the State to use for such fiscal year in accord12 ance with section 203(a).

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

14 of allotments made under subsections (a) and (c)

15 and assistance made available under section 231

16 to Guam, American Samoa, the Virgin Islands

17 of the United States, or the Commonwealth of the

18 Northern Mariana Islands, an amount equal to

19 the greater of 5 percent, or $100,000, of the ag20 gregate of such allotments and assistance for a

21 fiscal year shall be available to the State to use

22 for such fiscal year in accordance with section

23 203(a).

24 ‘‘(2) APPLICATION TO USE ADDITIONAL FUNDS.—
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•S 1643 RS

1 ‘‘(A) DETERMINATION.—If a State submits

2 an application in which the State requests per3 mission to use additional funds, above the

4 amount that would otherwise be permitted under

5 paragraph (1), from the aggregate of the allot6 ments and assistance described in subparagraph

7 (A) or (B), as appropriate, of paragraph (1) in

8 accordance with section 203(a), the Assistant

9 Secretary may approve the application if the As10 sistant Secretary determines, based on a particu11 larized showing of need, that—

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

13 and effectively administer the State plan of

14 the State submitted under section 202 and

15 to carry out programs, projects, and activi16 ties authorized under subtitles B and D of

17 title II, and subtitles B and C of title III,

18 unless the additional funds are made avail19 able by the Assistant Secretary;

20 ‘‘(ii) the State is making full and effec21 tive use of the allotments and assistance de22 scribed in subparagraph (A) or (B), as ap23 propriate, of paragraph (1) and of the per24 sonnel of the State agency and area agen25 cies on aging in the administration of the
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•S 1643 RS

1 State plan in accordance with section

2 203(a); and

3 ‘‘(iii) the State agency and area agen4 cies on aging are carrying out, on a full5 time basis, programs, projects, and activi6 ties that are in furtherance of the objectives

7 of subtitles B and D of title II and subtitles

8 B and C of title III.

9 ‘‘(B) PART OF ADDITIONAL FUNDS.—Subject

10 to subparagraph (C), the Assistant Secretary

11 may approve such use of any part of the addi12 tional funds requested in such application that

13 the Assistant Secretary determines is justified in

14 such application.

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

16 funds available under this paragraph to a par17 ticular State for such use for any fiscal year

may not exceed 3 18 ⁄4 of 1 percent of the aggregate

19 of the allotments and assistance described in sub20 paragraph (A) or (B), as appropriate, of para21 graph (1) that are provided to the State for such

22 fiscal year.

23 ‘‘(D) ASSURANCES.—

24 ‘‘(i) IN GENERAL.—The Assistant Sec25 retary may not approve an application sub-
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•S 1643 RS

1 mitted under subparagraph (A) by a State

2 unless the application contains the assur3 ance described in clause (ii).

4 ‘‘(ii) PROHIBITION ON REPLACEMENT

5 OF EMPLOYEES WITH PARTICIPANTS SUP6 PORTED UNDER THIS ACT.—The applica7 tion shall contain an assurance that the

8 State will not use any funds made available

9 under this paragraph for the use described

10 in subparagraph (A) to hire any individual

11 to fill a job opening created by an action of

12 the State that consists of laying off or ter13 minating the employment of any regular

14 employee not supported under this Act in

15 anticipation of filling the job opening so

16 created by hiring a participant to be sup17 ported through use of such funds.

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

19 made available to a State through allotments made

20 under subsections (a) and (c) and assistance made

21 available under section 231 for a fiscal year and that

22 remains after the application of paragraphs (1) and

23 (2), such part as the State agency determines to be

24 appropriate, but not more than 10 percent of such re25 maining amount, may be used to pay such percentage
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•S 1643 RS

1 as the State agency determines to be appropriate, but

2 not more than 85 percent, of the administrative costs

3 incurred to carry out area plans submitted in accord4 ance with section 302.

5 ‘‘(4) OMBUDSMAN PROGRAM.—Of the amount

6 that is made available to a State for supportive serv7 ices (including services to support multipurpose sen8 ior centers) through an allotment made under sub9 section (c) for a fiscal year and that remains after the

10 application of paragraphs (1), (2), and (3), such

11 amount as the State agency determines to be adequate

12 for conducting an effective ombudsman program in

13 accordance with subtitle B of title II shall be avail14 able for conducting such program.

15 ‘‘(e) REALLOTMENT.—If any part of the amount allot16 ted under a subsection of this section to a State for a fiscal

17 year is not distributed to the State for such fiscal year, such

18 part shall be reallotted under such subsection for such fiscal

19 year to the remaining eligible States.

20 ‘‘(f) DEFINITIONS.—For purposes of subsection (c):

21 ‘‘(1) ELDERLY IN-NEED PERCENTAGE.—

22 ‘‘(A) PERCENTAGE.—The term ‘elderly in23 need percentage’, used with respect to a State,

24 means the sum of—

25 ‘‘(i) the product of—
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•S 1643 RS

1 ‘‘(I) 0.65; and

2 ‘‘(II) the number of individuals

3 who are age 60 or older in the State

4 divided by the number of such individ5 uals in all States;

6 ‘‘(ii) the product of—

7 ‘‘(I) 0.03; and

8 ‘‘(II) the number of individuals

9 who are ages 70 through 74 in the

10 State divided by the number of such

11 individuals in all States;

12 ‘‘(iii) the product of—

13 ‘‘(I) 0.08; and

14 ‘‘(II) the number of individuals

15 who are ages 75 through 79 in the

16 State divided by the number of such

17 individuals in all States;

18 ‘‘(iv) the product of—

19 ‘‘(I) 0.09; and

20 ‘‘(II) the number of individuals

21 who are ages 80 through 84 in the

22 State divided by the number of such

23 individuals in all States; and

24 ‘‘(v) the product of—

25 ‘‘(I) 0.15; and
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•S 1643 RS

1 ‘‘(II) the number of individuals

2 who are age 85 or older in the State

3 divided by the number of such individ4 uals in all States.

5 ‘‘(B) RULE.—For purposes of this para6 graph, the Assistant Secretary shall determine

7 the number of individuals in a State on the basis

8 of the most recent data available from the Bu9 reau of the Census.

10 ‘‘(2) OLDER AMERICANS FEDERAL PERCENT11 AGE.—The term ‘older Americans Federal percentage’,

12 used with respect to a State, means the result ob13 tained by subtracting from 1 the product of—

14 ‘‘(A) 0.65; and

15 ‘‘(B) the result obtained by dividing the

16 total taxable resources percentage for the State

17 by the elderly in-need percentage for the State.

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

19 several States, the District of Columbia, and the Com20 monwealth of Puerto Rico.

21 ‘‘(4) TOTAL TAXABLE RESOURCES PERCENT22 AGE.—

23 ‘‘(A) PERCENTAGE.—The term ‘total taxable

24 resources percentage’—
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•S 1643 RS

1 ‘‘(i) used with respect to a State other

2 than the District of Columbia, means the

3 total taxable resources of the State divided

4 by the total taxable resources of all States;

5 and

6 ‘‘(ii) used with respect to the District

7 of Columbia, means the total personal in8 come of the District divided by the total

9 personal income of all States.

10 ‘‘(B) DEFINITIONS.—As used in this para11 graph:

12 ‘‘(i) TOTAL PERSONAL INCOME.—The

13 term ‘total personal income’, used with re14 spect to a State, means the most recent 3-

15 year arithmetic mean of the total personal

16 income of the State, as determined by the

17 Director of the Bureau of Economic Analy18 sis of the Department of Commerce.

19 ‘‘(ii) TOTAL TAXABLE RESOURCES.—

20 The term ‘total taxable resources’, used with

21 respect to a State, means the most recent 3-

22 year arithmetic mean of the total taxable

23 resources of the State, as determined by the

24 Secretary of the Treasury.
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•S 1643 RS

1 ‘‘SEC. 122. AUTHORIZATION OF APPROPRIATIONS.

2 ‘‘(a) STATE LONG-TERM CARE OMBUDSMAN PRO3 GRAM.—There are authorized to be appropriated to carry

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

5 for fiscal years 1997 through 2001.

6 ‘‘(b) SENIOR COMMUNITY SERVICE EMPLOYMENT PRO7 GRAM.—There are authorized to be appropriated to carry

8 out subtitle C of title II, such sums as may be necessary

9 for fiscal years 1997 through 2001.

10 ‘‘(c) DISEASE PREVENTION AND HEALTH PRO11 MOTION.—There are authorized to be appropriated to carry

12 out subtitle D of title II, such sums as may be necessary

13 for fiscal years 1997 through 2001.

14 ‘‘(d) SUPPORTIVE SERVICES AND SENIOR CENTERS.—

15 There are authorized to be appropriated to carry out sub16 title B of title III, such sums as may be necessary for fiscal

17 years 1997 through 2001.

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

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

20 sums as may be necessary for fiscal years 1997 through

21 2001.

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

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

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

25 during the annual period that—
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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.—If, in accordance with sec7 tion 121(e), any part of an allotment is reallotted to

8 a State for a fiscal year, such part shall be considered

9 to be a portion of the appropriate allotment of the

10 State for the fiscal year, but shall remain available

11 for obligation for the State until the end of the suc12 ceeding fiscal year.

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

14 SERVICES.

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

16 appropriated to the Secretary of Agriculture (in addition

17 to the amount appropriated to the Secretary of Health and

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

19 services under subtitle C of title III $156,625,000 for fiscal

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

21 years 1998 through 2001.

22 ‘‘(b) DIVISION OF FUNDS.—The Secretary of Agri23 culture shall divide the funds that are made available under

24 subsection (a) so that—
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1 ‘‘(1) 98.9 percent of such funds is allotted to

2 States in accordance with subsection (c) to provide

3 nutrition services under subtitle C of title III; and

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

5 under title IV to provide nutrition services.

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

7 services under subsection (b)(1) for a fiscal year, the Sec8 retary of Agriculture shall determine a per meal rate equal

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

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

11 preceding fiscal year. The Secretary of Agriculture shall

12 allot to each State, for the fiscal year for which the deter13 mination is made, the product of the per meal rate and

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

15 fiscal year.

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

17 A State or area agency on aging that receives funds allotted

18 under subsection (b)(1), or a recipient of a grant referred

19 to in subsection (b)(2), may elect to enter into an agreement

20 with the Secretary of Agriculture to purchase commodities

21 with all or part of such funds or of the funds made available

22 through such grant, through authorities including section

23 32 of the Act entitled ‘‘An Act to amend the Agricultural

24 Adjustment Act, and for other purposes’’, approved August

25 24, 1935 (7 U.S.C. 612c), section 416 of the Agricultural
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•S 1643 RS

1 Act of 1949 (7 U.S.C. 1431), and section 709 of the Food

2 and Agriculture Act of 1965 (7 U.S.C. 1446a–1).

3 ‘‘TITLE II—STATE PROGRAMS ON

4 AGING

5 ‘‘Subtitle A—General Provisions

6 ‘‘SEC. 201. ELIGIBILITY OF STATES.

7 ‘‘(a) ELIGIBILITY OF STATES.—For a State to be eligi8 ble for grants from the allotment made for the State under

9 subsection (a) or (c) of section 121, or assistance available

10 under section 123 or 231—

11 ‘‘(1) the State shall, in accordance with rules is12 sued by the Secretary, designate a State agency as the

13 sole State agency to—

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

15 to the Assistant Secretary for approval under

16 section 202;

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

18 State;

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

20 development, administration, coordination, pri21 ority setting, and evaluation of all activities

22 specified in the State plan and related to carry23 ing out subtitles B, C, and D, and subtitles B

24 and C of title III;
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1 ‘‘(D) serve as an effective and visible advo2 cate for older individuals by reviewing and com3 menting on all State plans, budgets, and policies

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

6 association representing the needs of older indi7 viduals; and

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

9 ‘‘(i) divide the State into distinct plan10 ning and service areas, after considering—

11 ‘‘(I) the geographical distribution

12 of older individuals in the State;

13 ‘‘(II) the incidence of the need for

14 supportive services (including services

15 to support multipurpose senior centers)

16 and nutrition services;

17 ‘‘(III) the distribution of older in18 dividuals who have the greatest eco19 nomic need or the greatest social need,

20 with attention to the distribution of

21 older individuals who are low-income

22 minority individuals;

23 ‘‘(IV) the distribution of resources

24 available to provide the services and

25 centers described in subclause (II);
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1 ‘‘(V) the boundaries of existing (as

2 of the date of the division) planning

3 and service areas within the State;

4 ‘‘(VI) the characteristics of the

5 local government within the State; 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 fis14 cal 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, nutrition services, or disease pre19 vention and health promotion services and

20 information, as the case may be, provided

21 under such plan; and

22 ‘‘(ii) individuals using multipurpose

23 senior centers provided under such plan;

24 ‘‘(C) after consultation with area agencies

25 on aging and using the best available data, de-
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1 velop and publish for review and comment a for2 mula for distribution within the State of funds

3 received to carry out subtitles B and C of title

4 III that takes into account—

5 ‘‘(i) the geographical distribution of

6 older individuals in the State; and

7 ‘‘(ii) the distribution among planning

8 and service areas of older individuals with

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

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

12 will give preference, in providing services under

13 subtitles B and C, and subtitles B and C of title

14 III, to older individuals with greatest economic

15 need and older individuals with greatest social

16 need, with particular attention to low-income

17 minority individuals, and include in the State

18 plan proposed methods of carrying out the pref19 erence.

20 ‘‘(b) DUE PROCESS.—

21 ‘‘(1) IN GENERAL.—A State agency shall estab22 lish and publish, after consultation with area agencies

23 on aging, procedures that the State agency shall fol24 low to provide due process to affected parties if the

25 State agency initiates an action or proceeding to
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1 change the designation of any designated planning

2 and service area or of any designated area agency on

3 aging.

4 ‘‘(2) PROCEDURES.—At a minimum, such proce5 dures shall include procedures for—

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

7 change the designation of a designated planning

8 and service area or of a designated area agency

9 on aging;

10 ‘‘(B) providing documentation of the need

11 for such action; and

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

13 aging involved, conducting a public hearing con14 cerning such action.

15 ‘‘(c) GRANDFATHER PROVISION.—

16 ‘‘(1) ADDITIONAL DESIGNATIONS.—A State that

17 on or before October 1, 1980, had designated, with the

18 approval of the Commissioner on Aging, a single

19 planning and service area covering all of the older in20 dividuals in the State, in which the State agency was

21 administering the area plan, may after such date des22 ignate in accordance with subsection (a)(1)(E) one or

23 more additional planning and service areas within

24 the State to be administered by an area agency on

25 aging.
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1 ‘‘(2) STATE FUNCTIONS.—The State agency shall

2 continue to perform the functions of an area agency

3 on aging for any remaining area of the State not in4 cluded in a planning and service area for which an

5 area agency on aging has been designated.

6 ‘‘(d) INTERSTATE PLANNING AND SERVICE AREAS.—

7 The chief executive officer of each State that contains a re8 gion of an interstate geographic area or of an interstate

9 Indian reservation, may apply to the Assistant Secretary

10 to request redesignation of the geographic area or reserva11 tion as an interstate planning and service area. If the As12 sistant Secretary approves the application, the Assistant

13 Secretary shall adjust the allotment of each State contain14 ing a region of the interstate planning and service area,

15 to reflect the number of older individuals within the region.

16 ‘‘(e) NONDESIGNATION OF INDIAN RESERVATIONS.—If

17 a State declines to designate an Indian reservation as a

18 planning and service area, the Indian tribe residing on the

19 reservation may appeal the decision of the State to the As20 sistant Secretary. The Assistant Secretary may order the

21 State to designate the Indian reservation as a planning and

22 service area as a condition of receiving funding under this

23 Act.
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1 ‘‘SEC. 202. STATE PLANS.

2 ‘‘(a) PLAN.—For a State to be eligible for grants from

3 the allotment made for the State under subsection (a), (b),

4 or (c) of section 121, or assistance available under section

5 123 or 231, for any fiscal year, the State shall prepare and

6 submit to the Assistant Secretary a State plan, which incor7 porates input from area agencies on aging in the State, for

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

9 with such annual revisions as are necessary. Each such

10 plan shall comply with all of the following requirements:

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

12 shall contain assurances that the State plan is based

13 on area plans developed by area agencies on aging

14 within the State and that the State has prepared and

15 distributed a uniform format for use by area agencies

16 on aging in developing area plans under section 302.

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

18 provide that each such area agency on aging has pre19 pared, developed, and submitted to the State agency

20 for approval an area plan that complies with section

21 302.

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

23 the State agency will establish a grievance procedure

24 that will afford an opportunity for a hearing on re25 quest to any area agency on aging submitting a plan

26 under section 302, to any provider of a service under
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•S 1643 RS

1 such a plan, or to any applicant to provide a service

2 under such a plan. The State agency shall establish

3 and publish the procedures for requesting and con4 ducting such hearing.

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

6 CONFLICTS OF INTEREST.—

7 ‘‘(A) FISCAL CONTROL AND FUND ACCOUNT8 ING PROCEDURES.—The plan shall provide an

9 assurance that the State will adopt such fiscal

10 control and fund accounting procedures as may

11 be necessary to assure proper disbursement of,

12 and accounting for, funds made available

13 through allotments made under subsections (a),

14 (b), and (c) of section 121, and assistance made

15 available under sections 123 and 231, to the

16 State, including any such funds or assistance

17 paid to the recipients of a grant or contract with

18 the State.

19 ‘‘(B) CONFLICTS OF INTEREST.—The plan

20 shall provide assurances that—

21 ‘‘(i) no individual (appointed or other22 wise) involved in the designation of the

23 State agency or an area agency on aging in

24 the State, or in the designation of the head

25 of the State agency, the head of such an
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•S 1643 RS

1 area agency on aging, or the head of any

2 subdivision of the State agency or of such

3 an area agency on aging, is subject to a

4 conflict of interest prohibited under this

5 Act;

6 ‘‘(ii) no officer, employee, or other rep7 resentative of the State agency or an area

8 agency on aging in the State is subject to

9 a conflict of interest prohibited under this

10 Act; and

11 ‘‘(iii) mechanisms are in place in the

12 State to identify and remove conflicts of in13 terest prohibited under this Act.

14 ‘‘(C) INTEGRITY; PUBLIC PURPOSE; EN15 HANCEMENT.—The plan shall provide assurances

16 that the State agency and each area agency on

17 aging in the State will—

18 ‘‘(i) maintain the integrity and public

19 purpose of service providers utilized, and

20 services provided, under the State plan in

21 all contractual and commercial relation22 ships; and

23 ‘‘(ii) demonstrate that the quantity or

24 quality of the services to be provided under
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•S 1643 RS

1 the State plan will be enhanced as a result

2 of such contract or such relationship.

3 ‘‘(5) INFORMATION AND ASSISTANCE SERVICES.—

4 ‘‘(A) IN GENERAL.—It shall be a primary

5 responsibility of the State agency to ensure that

6 the plan provides for establishing and maintain7 ing information and assistance services in suffi8 cient numbers to ensure, to the maximum extent

9 practicable, that all older individuals in the

10 State who are not furnished adequate informa11 tion and assistance services under section

12 302(a)(3) will have reasonably convenient access

13 to such services.

14 ‘‘(B) INSURANCE BENEFITS AND PUBLIC

15 BENEFITS.—The plan shall contain an assurance

16 that each area agency on aging in the State, in

17 providing information and assistance 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 RS

1 made available under section 122(d) and al2 lotted 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 serv9 ices, will be directly provided by the State agen10 cy or an area agency on aging.

11 ‘‘(B) ADMINISTRATIVE EXCEPTIONS.—Sub12 paragraph (A) shall not apply when, in the

13 judgment of the State agency—

14 ‘‘(i) the provision of services described

15 in subparagraph (A) by the State agency or

16 an area agency on aging is necessary to en17 sure 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 qual22 ity can be provided more economically by

23 the State agency or area agency on aging.

24 ‘‘(C) EXCEPTION FOR CERTAIN SERVICES.—

25 Subparagraph (A) shall not apply with respect
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•S 1643 RS

1 to information and assistance services, case man2 agement services, and outreach.

3 ‘‘(7) STATE LONG-TERM CARE OMBUDSMAN PRO4 GRAM.—The plan shall provide assurances that the

5 State agency will carry out a State long-term care

6 ombudsman program that complies with all the re7 quirements specified in subtitle B.

8 ‘‘(8) LEGAL ASSISTANCE.—The plan shall con9 tain assurances, with respect to legal assistance, that

10 each area agency on aging in the State will—

11 ‘‘(A) expend, for the delivery of legal assist12 ance, a specific percentage, stated in the State

13 plan, of the agency’s share of funds made avail14 able under section 122(d) and allotted to the

15 State under section 121(c); and

16 ‘‘(B)(i) enter into contracts with providers

17 of legal assistance that can demonstrate the expe18 rience or capacity to deliver legal assistance; and

19 ‘‘(ii) attempt to involve private attorneys in

20 legal assistance activities authorized under sub21 title B of title III, including groups of private

22 attorneys who are furnishing services to older in23 dividuals on a pro bono basis or on a reduced

24 fee basis.
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1 ‘‘(9) PREVENTION OF ELDER ABUSE, NEGLECT,

2 AND EXPLOITATION.—Whenever the State desires to

3 provide for programs for the prevention of elder

4 abuse, neglect, and exploitation for a fiscal year, the

5 plan shall—

6 ‘‘(A) contain an assurance that each area

7 agency on aging in the State will expend, to

8 carry out a program for the prevention of elder

9 abuse, neglect, and exploitation, a specific per10 centage, stated in the State plan, of the agency’s

11 share of funds made available under section

12 122(d) and allotted to the State under section

13 121(c);

14 ‘‘(B) contain an assurance that the State

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

16 and exploitation that include provisions for im17 munity for persons who report instances of elder

18 abuse, neglect, and exploitation, from prosecution

19 under any State or local law arising out of such

20 reporting;

21 ‘‘(C) contain an assurance that individuals

22 who provide services to prevent elder abuse, ne23 glect, and exploitation are trained to effectively

24 deal with such reported instances;
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•S 1643 RS

1 ‘‘(D) contain an assurance that involuntary

2 or coerced participation in such programs by al3 leged victims, alleged abusers, or members of the

4 households of alleged victims or alleged abusers

5 will not be permitted;

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

7 requires that all information gathered in the

8 course of receiving reports on instances of, and

9 of making referrals relating to, elder abuse, ne10 glect, and exploitation remain confidential ex11 cept—

12 ‘‘(i) if all parties to the complaint that

13 is the subject of the report or referral con14 sent in writing to the release of such infor15 mation;

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

17 is to a law enforcement agency, public pro18 tective service agency, licensing or certifi19 cation agency, ombudsman program, or

20 protection or advocacy system; or

21 ‘‘(iii) upon court order;

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

23 agency will make all reasonable efforts to resolve

24 any conflicts with other public agencies with re-
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•S 1643 RS

1 spect to the confidentiality of the information de2 scribed in subparagraph (E);

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

4 agency will coordinate the State programs for

5 the prevention of elder abuse, neglect, and exploi6 tation with—

7 ‘‘(i) law enforcement officials;

8 ‘‘(ii) courts of competent jurisdiction;

9 and

10 ‘‘(iii) entities carrying out other rel11 evant State and local programs, includ12 ing—

13 ‘‘(I) area agencies on aging; and

14 ‘‘(II) agencies that, collectively,

15 administer adult protective services,

16 medicaid fraud and abuse services (in17 cluding services provided by a State

18 medicaid fraud control unit, as defined

19 in section 1903(q) of the Social Secu20 rity Act (42 U.S.C. 1396b(q)), and vic21 tim assistance programs, and State

22 agencies responsible for surveys and

23 certification under section 1919(g) of

24 the Social Security Act (42 U.S.C.

25 1396r(g));
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•S 1643 RS

1 ‘‘(H) contain an assurance that older indi2 viduals participate in decisions regarding their

3 welfare under the programs for the prevention of

4 elder abuse, neglect, and exploitation; and

5 ‘‘(I) specify other activities that the State

6 agency determines to be beneficial in the preven7 tion of elder abuse, neglect, and exploitation, and

8 intends to carry out under such programs.

9 ‘‘(10) OUTREACH.—The plan shall contain as10 surances that the State agency will require outreach

11 efforts that will—

12 ‘‘(A) identify individuals eligible for assist13 ance under subtitle B or C, or under subtitle B

14 or C of title III, with special emphasis on—

15 ‘‘(i) older individuals residing in rural

16 areas;

17 ‘‘(ii) older individuals with greatest

18 economic need;

19 ‘‘(iii) older individuals with greatest

20 social need, with particular attention to

21 low-income minority individuals;

22 ‘‘(iv) older individuals with severe dis23 abilities;

24 ‘‘(v) older individuals with limited

25 English-speaking ability;
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•S 1643 RS

1 ‘‘(vi) older individuals with Alz2 heimer’s disease or related disorders and

3 with neurological or organic brain dysfunc4 tion (and the caretakers of such individ5 uals); and

6 ‘‘(vii) low-income minority older indi7 viduals; and

8 ‘‘(B) inform the older individuals referred

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

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

11 the availability of such assistance.

12 ‘‘(11) INDIVIDUALS WITH DISABILITIES.—The

13 plan shall provide, with respect to the needs of indi14 viduals with disabilities, assurances that the State

15 agency will coordinate planning, identification, as16 sessment of needs, and services for individuals with

17 disabilities (with particular attention to individuals

18 with severe disabilities) with the State agencies with

19 primary responsibility for individuals with disabil20 ities (including severe disabilities).

21 ‘‘(12) COORDINATION OF COMMUNITY-BASED

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

23 assurances that area agencies on aging will conduct

24 efforts to facilitate the coordination of community-
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•S 1643 RS

1 based long-term care services, pursuant to section

2 302(a)(5)(E), for older individuals who—

3 ‘‘(A) reside at home and are at risk of insti4 tutionalization because of limitations on their

5 ability to function independently;

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

7 risk of prolonged institutionalization; or

8 ‘‘(C) are patients in long-term care facili9 ties, but who are able to return to their homes

10 if community-based services are provided to the

11 individuals.

12 ‘‘(13) PROHIBITION ON MISUSE OF FUNDS.—The

13 plan shall provide assurances that funds received

14 from allotments made under subsections (a), (b), and

15 (c) of section 121, and assistance made available

16 under sections 123 and 231, will not be used to pay

17 any part of a cost (including an administrative cost)

18 incurred by the State or an area agency on aging to

19 carry out a contract or commercial arrangement that

20 is not carried out to implement subtitle B, C, or D,

21 or subtitle B or C of title III.

22 ‘‘(14) COORDINATION OF SERVICES; PROVISION

23 OF MULTIGENERATIONAL SERVICES.—The plan shall

24 provide assurances that the State will make demon25 strable efforts—
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•S 1643 RS

1 ‘‘(A) to coordinate services provided under

2 subtitles B, C, and D, and subtitles B and C of

3 title III, with other State services that benefit

4 older individuals; and

5 ‘‘(B) to provide multigenerational activities,

6 such as opportunities for older individuals to

7 serve as mentors or advisers in programs that,

8 collectively, provide child care, youth day care,

9 educational assistance, at-risk youth interven10 tion, juvenile delinquency treatment, and family

11 support.

12 ‘‘(15) QUALITY ASSURANCE.—The plan shall in13 clude assurances that the State has in effect a mecha14 nism to provide for quality in the provision of serv15 ices under subtitles B, C, and D, and subtitles B and

16 C of title III.

17 ‘‘(16) COST SHARING.—If the State, after con18 sultation with area agencies on aging and service

19 providers, elects to require cost sharing by recipients

20 of services under the State plan (or to require or per21 mit area agencies on aging to require cost sharing by

22 recipients of services under area plans), the plan

23 shall—

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

25 required for information and assistance services,
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•S 1643 RS

1 outreach, benefits counseling, case management

2 services, or ombudsman or other protective serv3 ices;

4 ‘‘(B) exempt from cost-sharing requirements

5 low-income individuals, or individuals with in6 comes that are less than 150 percent of the pov7 erty line;

8 ‘‘(C) set cost-sharing rates for individuals

9 subject to the requirements, on a sliding-fee scale

10 based on income;

11 ‘‘(D) provide that the income of older indi12 viduals will be determined by self-declaration;

13 ‘‘(E) provide that the confidentiality of in14 dividual information related to such cost sharing

15 will be maintained at all times; and

16 ‘‘(F) provide that no older individual will

17 be denied a service under the plan because of in18 ability to pay.

19 ‘‘(17) SOLICITATION OF VOLUNTARY CONTRIBU20 TIONS.—The plan shall provide that the State will

21 permit area agencies on aging to permit service pro22 viders to solicit, for services provided under the plan,

23 voluntary contributions—
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•S 1643 RS

1 ‘‘(A) in amounts that are based on the abil2 ity of older individuals to make such contribu3 tions; and

4 ‘‘(B) that will be used to increase, or ex5 pand access to, services provided under the plan.

6 ‘‘(b) APPROVAL OF STATE PLAN.—The Assistant Sec7 retary shall approve any State plan that fulfills the require8 ments of subsection (a).

9 ‘‘(c) DISAPPROVAL OF STATE PLAN.—

10 ‘‘(1) DETERMINATION FOLLOWING DUE PROC11 ESS.—The Assistant Secretary shall not make a final

12 determination disapproving any State plan, or any

13 revision of a State plan, or make a final determina14 tion that a State is ineligible under section 201, with15 out first affording the State reasonable notice and a

16 hearing.

17 ‘‘(2) WITHHOLDING OF ASSISTANCE.—

18 ‘‘(A) IN GENERAL.—If the Assistant Sec19 retary makes a determination, in accordance

20 with paragraph (1), disapproving a State plan

21 the Assistant Secretary shall withhold from the

22 State assistance allotted under subsections (a),

23 (b), and (c) of section 121, and assistance avail24 able under sections 123 and 231, for the fiscal

25 year for which such plan is submitted.
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•S 1643 RS

1 ‘‘(B) DISBURSAL.—

2 ‘‘(i) ENTITY.—The Assistant Secretary

3 shall disburse the assistance withheld under

4 subparagraph (A) directly to a public or

5 nonprofit private agency, organization, or

6 institution, or political subdivision of the

7 State, that submits and obtains approval of

8 a plan described in clause (ii).

9 ‘‘(ii) PLAN.—The plan referred to in

10 clause (i) shall be submitted and approved

11 in accordance with subsections (a) and (b).

12 ‘‘(iii) AUTHORITIES AND REQUIRE13 MENTS.—The Secretary shall issue regula14 tions specifying authorities and require15 ments applicable to States under this Act,

16 including the limitation specified in section

17 121(c)(3), that shall apply with respect to

18 the use of such funds by the agency, organi19 zation, institution, or political subdivision

20 that receives such funds.

21 ‘‘(3) REVIEW BY SECRETARY.—Not later than 30

22 days after such final determination, a State dissatis23 fied with such final determination may appeal such

24 final determination to the Secretary for review. If the

25 State appeals such final determination in a timely
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•S 1643 RS

1 manner in accordance with subsection (e)(1), the Sec2 retary shall dismiss the appeal filed under this para3 graph.

4 ‘‘(4) APPELLATE REVIEW OF DECISION BY SEC5 RETARY.—

6 ‘‘(A) IN GENERAL.—If the State is dissatis7 fied with the decision of the Secretary after re8 view under paragraph (3), the State may appeal

9 such decision in a timely manner under sub10 section (e)(1).

11 ‘‘(B) CONSTRUCTION.—For purposes of ap12 pellate review in accordance with subparagraph

13 (A), a reference in subsection (e) to the Assistant

14 Secretary shall be deemed to be a reference to the

15 Secretary.

16 ‘‘(d) NOTIFICATION OF STATE OF INELIGIBILITY OR

17 NONCOMPLIANCE.—

18 ‘‘(1) IN GENERAL.—

19 ‘‘(A) FINDING.—The Assistant Secretary

20 shall make the notification described in subpara21 graph (B) if the Assistant Secretary, after pro22 viding reasonable notice and an opportunity for

23 a hearing to the State agency, finds that—

24 ‘‘(i) the State is not eligible under sec25 tion 201;
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•S 1643 RS

1 ‘‘(ii) the State plan has been so revised

2 that the plan no longer complies substan3 tially with any provision of subsection (a);

4 or

5 ‘‘(iii) in the administration of the plan

6 there is a failure to comply substantially

7 with any provision of subsection (a).

8 ‘‘(B) NOTIFICATION.—

9 ‘‘(i) IN GENERAL.—On making the

10 finding described in subparagraph (A), the

11 Assistant Secretary shall notify the State

12 agency that no further assistance will be

13 provided to the State from the allotment of

14 the State under subsection (a), (b), or (c) of

15 section 121, or under section 123 or 231, as

16 appropriate (or, in the discretion of the As17 sistant Secretary, that further assistance to

18 the State under such subsection or section

19 will be limited to projects under the State

20 plan that are not affected by the noncompli21 ance that is the basis for the finding), until

22 the Assistant Secretary is satisfied that

23 there will no longer be any ineligibility or

24 failure to comply.
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•S 1643 RS

1 ‘‘(ii) WITHHOLDING OF ASSISTANCE.—

2 Until the Assistant Secretary is so satisfied,

3 no further assistance shall be provided to

4 the State from the allotment of the State

5 under subsection (a), (b), or (c) of section

6 121, or under section 123 or 231, as appro7 priate (or, in the discretion of the Assistant

8 Secretary, further assistance to the State

9 under such subsection or section shall be

10 limited to projects described in clause (i)

11 and the remainder of the assistance avail12 able for allotment to the State under such

13 subsection or available to the State under

14 such section shall be withheld).

15 ‘‘(2) USE OF WITHHELD ASSISTANCE.—

16 ‘‘(A) ELIGIBLE ORGANIZATIONS.—The As17 sistant Secretary shall, in accordance with rules

18 the Secretary shall issue, disburse the assistance

19 withheld under paragraph (1)(B)(ii) directly to

20 a public or nonprofit private agency, organiza21 tion, or institution, or political subdivision of

22 the State, that submits and obtains approval of

23 a plan in accordance with the provisions of sub24 sections (a) and (b).
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1 ‘‘(B) AUTHORITIES AND REQUIREMENTS.—

2 The Secretary shall issue regulations specifying

3 authorities and requirements applicable to States

4 under this Act, including the limitation specified

5 in section 121(c)(3), that shall apply with re6 spect to the use of such funds by the agency, or7 ganization, institution, or political subdivision

8 that receives such funds.

9 ‘‘(e) APPEAL.—

10 ‘‘(1) IN GENERAL.—A State that is dissatisfied

11 with a final action of the Assistant Secretary under

12 subsection (c) or (d) may appeal to the United States

13 court of appeals for the circuit in which the State is

14 located, by filing a petition with such court within 30

15 days after such final action. A copy of the petition

16 shall be transmitted by the clerk of the court to the

17 Assistant Secretary, or any officer designated by the

18 Assistant Secretary for such purpose. The Assistant

19 Secretary shall file in the court the record of the pro20 ceedings on which the action of the Assistant Sec21 retary is based, as provided in section 2112 of title

22 28, United States Code.

23 ‘‘(2) PROCEDURE.—

24 ‘‘(A) JURISDICTION.—
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1 ‘‘(i) IN GENERAL.—Except as provided

2 in clause (ii), on the filing of such petition,

3 the court shall have jurisdiction to affirm

4 the order issued by the Assistant Secretary

5 with respect to the action or to set the order

6 aside, in whole or in part, temporarily or

7 permanently.

8 ‘‘(ii) ACTION OF ASSISTANT SEC9 RETARY.—Until the filing of the record, the

10 Assistant Secretary may modify or set aside

11 the order of the Assistant Secretary.

12 ‘‘(B) EVIDENCE.—The findings of the As13 sistant Secretary as to the facts, if supported by

14 substantial evidence, shall be conclusive, but the

15 court for good cause shown may remand the case

16 to the Assistant Secretary to take further evi17 dence, and the Assistant Secretary shall, within

18 30 days, file in the court the record of the pro19 ceedings to obtain such further evidence. The new

20 or modified findings of fact resulting from the

21 proceedings shall likewise be conclusive if sup22 ported by substantial evidence.

23 ‘‘(C) REVIEW.—The judgment of the court

24 affirming or setting aside, in whole or in part,

25 any action of the Assistant Secretary shall be
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1 final, subject to review by the Supreme Court on

2 certiorari or certification as provided in section

3 1254 of title 28, United States Code.

4 ‘‘(3) NO STAY.—The commencement of proceed5 ings under this subsection shall not operate as a stay

6 of the action of the Assistant Secretary, unless such

7 a stay is specifically ordered by the court.

8 ‘‘(f) PRESERVATION OF ATTORNEY-CLIENT PRIVI9 LEGE.—Neither a State, nor a State agency, may require

10 any provider of legal assistance under subtitle B of title

11 III to reveal any information that is protected by the attor12 ney-client privilege.

13 ‘‘SEC. 203. PLANNING, COORDINATION, EVALUATION, AND

14 ADMINISTRATION OF STATE PLANS.

15 ‘‘(a) GRANTS FOR STATE ACTIVITIES.—

16 ‘‘(1) COST OF ADMINISTRATION OF STATE

17 PLAN.—Amounts available to a State under para18 graph (1) or (2) of section 121(d) may be used to

19 make a grant to the State to pay such percentage as

20 the State agency determines, but not more than 85

21 percent, of the cost of the administration of the State

22 plan of the State, including—

23 ‘‘(A) the preparation of the State plan;

24 ‘‘(B) the evaluation of activities carried out

25 under such plan;
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•S 1643 RS

1 ‘‘(C) the collection of data and the carrying

2 out of analyses related to the need for supportive

3 services (including services to support multipur4 pose senior centers), and nutrition services (tak5 ing into consideration the comparative need for

6 home-delivered nutrition services, congregate nu7 trition services, and adult day care nutrition

8 services), within the State, and dissemination of

9 information obtained through the data collection

10 and analyses;

11 ‘‘(D) the provision of short-term training to

12 personnel of public or nonprofit private agencies,

13 organizations, and institutions engaged in the

14 operation of programs, projects, and activities

15 authorized by subtitles B and D, and subtitles B

16 and C of title III; and

17 ‘‘(E) the carrying out of demonstration

18 projects of statewide significance relating to the

19 initiation, expansion, or improvement of services

20 and activities provided under subtitles B and D,

21 and subtitles B and C of title III.

22 ‘‘(2) COST OF ADMINISTRATION OF AREA

23 PLANS.—The portion of the assistance made available

24 under section 121(d)(1) to a State for any fiscal year,

25 that the State determines will not be required by the
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•S 1643 RS

1 State for such year for the purposes described in

2 paragraph (1), may be used by the State to supple3 ment the amount available under section 121(d)(3) to

4 cover part of the cost of the administration of area

5 plans.

6 ‘‘(3) USE OF FUNDS NOT NEEDED FOR ADMINIS7 TRATION OF STATE PLAN.—The portion of the assist8 ance made available under section 121(d)(1) to a

9 State for any fiscal year, that the State determines

10 will not be required by the State for such year for the

11 purposes described in paragraph (1), may be used by

12 the State to provide services under subtitle B or D,

13 or subtitle B or C of title III, in the State.

14 ‘‘(4) SINGLE PLANNING AND SERVICE AREAS.—

15 Any State that is designated, under section

16 201(a)(1)(E) or 201(c), as a single planning and

17 service area covering all, or substantially all, of the

18 older individuals in the State, as determined by the

19 Assistant Secretary, may elect to pay part of the costs

20 of the administration of State and area plans either

21 out of the amount of funds available under paragraph

22 (1) or (2) of section 121(d) or out of the amount of

23 funds made available for the administration of area

24 plans under section 121(d)(3), but shall not pay such

25 costs from both such amounts.
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1 ‘‘(b) AUTHORITY TO TRANSFER FUNDS.—

2 ‘‘(1) TRANSFERS.—

3 ‘‘(A) IN GENERAL.—Notwithstanding any

4 other provision of this subtitle or title III and

5 except as provided in subparagraph (B), using

6 the sums received by a State attributable to

7 funds appropriated under subsection (d) or (e) of

8 section 122, as appropriate, the State (after con9 sultation with area agencies on aging and with

10 service providers) may elect to transfer not more

11 than 25 percent of such sums for any fiscal year

12 between programs under subtitle B of title III

13 and programs under subtitle C of title III, for

14 use as the State considers appropriate. The State

15 shall notify the Assistant Secretary of any such

16 election.

17 ‘‘(B) WAIVER.—If a State submits an ap18 plication to the Assistant Secretary in which the

19 State demonstrates, to the satisfaction of the As20 sistant Secretary, that funds received by the

21 State and attributable to funds appropriated

22 under subsection (d) or (e) of section 122 (in23 cluding funds transferred under subparagraph

24 (A) without regard to this subparagraph) for

25 any fiscal year are insufficient to satisfy the
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•S 1643 RS

1 need for services under subtitle B or C of title

2 III, as appropriate, the Assistant Secretary may

3 grant a waiver that permits the State to trans4 fer, under subparagraph (A) to satisfy such need,

5 an additional 25 percent of the funds so received

6 for such fiscal year.

7 ‘‘(C) APPLICATION.—At a minimum, the

8 application described in subparagraph (B) shall

9 include a description of the additional amount

10 to be transferred, the purposes of the transfer, the

11 need for the transfer, and the impact of the

12 transfer on the provision of services from which

13 the funding will be transferred. The Assistant

14 Secretary shall approve or deny the application

15 in writing.

16 ‘‘(2) DELEGATION OF AUTHORITY TO MAKE

17 TRANSFERS.—After consultation with service provid18 ers, a State agency may delegate to an area agency

19 on aging or any other entity the authority to make

20 a transfer under paragraph (1).

21 ‘‘(3) DATA COLLECTION.—The Assistant Sec22 retary shall annually collect, and include in the re23 port required by section 113, data regarding the

24 transfers described in paragraph (1), including—
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•S 1643 RS

1 ‘‘(A) the amount of funds involved in the

2 transfers, analyzed by State; and

3 ‘‘(B) the effect of the transfers on the provi4 sion of services provided under—

5 ‘‘(i) subtitle B of title III; and

6 ‘‘(ii) subtitle C of title III, including

7 the effect on the number of meals served.

8 ‘‘SEC. 204. PAYMENTS.

9 ‘‘Payments provided through grants made, or contracts

10 entered into, under subtitle B, C, or D, or subtitle B or

11 C of title III, may be provided (after necessary adjustments

12 resulting from previously made overpayments or underpay13 ments) in advance or by way of reimbursement, and in such

14 installments, as the Assistant Secretary may determine to

15 be appropriate.

16 ‘‘Subtitle B—State Long-Term Care

17 Ombudsman Program

18 ‘‘SEC. 211. ESTABLISHMENT.

19 ‘‘(a) IN GENERAL.—With funds allotted under section

20 121(a), the Assistant Secretary shall make grants to eligible

21 States to carry out long-term care ombudsman programs.

22 ‘‘(b) OFFICE AND PROGRAM.—In order to be eligible

23 to receive a grant under subsection (a), a State shall—
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•S 1643 RS

1 ‘‘(1) establish and operate an Office of the State

2 Long-Term Care Ombudsman (referred to in this sub3 title as the ‘Office’); and

4 ‘‘(2) carry out through the Office a State long5 term care ombudsman program.

6 ‘‘(c) OMBUDSMAN.—The Office shall be headed by an

7 individual, to be known as the State Long-Term Care Om8 budsman (referred to in this subtitle as the ‘Ombudsman’),

9 who shall be selected from among individuals with expertise

10 and experience in the fields of long-term care and advocacy.

11 ‘‘SEC. 212. REQUIREMENTS FOR STATE LONG-TERM CARE

12 OMBUDSMAN PROGRAM.

13 ‘‘(a) DUTIES.—The Ombudsman shall serve on a full14 time basis, and shall, personally or through representatives

15 of the Office—

16 ‘‘(1) identify, investigate, and resolve complaints

17 that—

18 ‘‘(A) are made by, or on behalf of, older in19 dividuals who are residents of long-term care fa20 cilities (referred to individually in this section

21 as a ‘resident’); and

22 ‘‘(B) relate to action, inaction, or decisions,

23 that may adversely affect the health, safety, wel24 fare, or rights of such residents (including the

25 welfare and rights of such residents with respect
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•S 1643 RS

1 to the appointment and activities of guardians

2 and representative payees), by providers (or rep3 resentatives of providers) of long-term care serv4 ices, public agencies, or health and social service

5 agencies;

6 ‘‘(2) provide services to protect the health, safety,

7 welfare, and rights of such residents;

8 ‘‘(3) inform such residents about the means of

9 obtaining—

10 ‘‘(A) services provided by providers or agen11 cies described in paragraph (1)(B); or

12 ‘‘(B) identification, investigation, and reso13 lution services described in paragraph (1);

14 ‘‘(4) ensure that such residents have regular and

15 timely access to the services provided through the

16 State long-term care ombudsman program and that

17 residents and complainants on behalf of residents (re18 ferred to individually in this section as a ‘complain19 ant’) receive timely responses to their complaints

20 from representatives of the State long-term care om21 budsman program (referred to individually in this

22 section as a ‘program representative’);

23 ‘‘(5) represent the interests of such residents be24 fore governmental agencies and seek administrative,
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•S 1643 RS

1 legal, and other remedies to protect the health, safety,

2 welfare, and rights of such residents;

3 ‘‘(6) provide administrative and technical assist4 ance to entities designated under subsection (c) to as5 sist the entities in participating in the program;

6 ‘‘(7)(A) analyze, comment on, and monitor the

7 development and implementation of Federal, State,

8 and local laws, rules, and other government policies

9 and actions, that pertain to the health, safety, wel10 fare, and rights of the residents, with respect to the

11 adequacy of long-term care facilities and services in

12 the State; and

13 ‘‘(B) recommend such changes in such laws,

14 rules, policies, and actions as the Ombudsman deter15 mines to be appropriate;

16 ‘‘(8) provide for training for program represent17 atives of the Office;

18 ‘‘(9) collect information, as specified by the As19 sistant Secretary, on the total number of such resi20 dents in the State and the number of complaints de21 scribed in paragraph (1) received by the State, ana22 lyzed by type of facility (such as a nursing home or

23 board and care facility); and

24 ‘‘(10) carry out such other activities as the State

25 agency determines to be appropriate.
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•S 1643 RS

1 ‘‘(b) CONTRACTS AND ARRANGEMENTS.—

2 ‘‘(1) IN GENERAL.—Except as provided in para3 graph (2), the State agency may establish and operate

4 the Office, and carry out the program, directly or by

5 contract or other arrangement with any public or

6 nonprofit private organization, agency, or institution.

7 ‘‘(2) INELIGIBLE ENTITIES.—The State agency

8 may not enter into a contract or other arrangement

9 described in paragraph (1) with—

10 ‘‘(A) an agency or organization that is re11 sponsible for licensing or certifying long-term

12 care services in the State; or

13 ‘‘(B) an association (or an affiliate of such

14 an association) of long-term care facilities, or of

15 any other residential facilities for older individ16 uals.

17 ‘‘(c) DESIGNATION OF LOCAL OMBUDSMAN ENTITIES

18 AND REPRESENTATIVES.—

19 ‘‘(1) DESIGNATION.—In carrying out the duties

20 specified in subsection (a), the Ombudsman may des21 ignate an entity as a local Ombudsman entity, and

22 may designate an individual (including an employee

23 or volunteer) to represent the entity.

24 ‘‘(2) ELIGIBILITY FOR DESIGNATION.—Entities

25 eligible to be designated as local Ombudsman entities,
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•S 1643 RS

1 and individuals eligible to be designated as represent2 atives of such entities, shall—

3 ‘‘(A) have demonstrated capability to carry

4 out the responsibilities of the Office;

5 ‘‘(B) be free of conflicts of interest;

6 ‘‘(C) in the case of the entities, be public or

7 nonprofit private entities; and

8 ‘‘(D) meet such additional requirements as

9 the Ombudsman may specify.

10 ‘‘(3) AUTHORITIES OF LOCAL OMBUDSMAN.—An

11 individual so designated may, in accordance with the

12 policies and procedures established by the Office and

13 the State agency—

14 ‘‘(A) provide services to protect the health,

15 safety, welfare, and rights of residents;

16 ‘‘(B) ensure that residents in the planning

17 and service area of the entity have regular, time18 ly access to representatives of the State long-term

19 care ombudsman program and timely responses

20 to complaints and requests for assistance;

21 ‘‘(C) identify, investigate, and resolve com22 plaints made by or on behalf of such residents

23 that relate to action, inaction, or decisions, that

24 may adversely affect the health, safety, welfare,

25 or rights of such residents;
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•S 1643 RS

1 ‘‘(D) represent the interests of such residents

2 before government agencies and seek administra3 tive, legal, and other remedies to protect the

4 health, safety, welfare, and rights of such resi5 dents;

6 ‘‘(E)(i) analyze, comment on, and monitor

7 the development and implementation of Federal,

8 State, and local laws, rules, and other govern9 ment policies and actions, that pertain to the

10 health, safety, welfare, and rights of the resi11 dents, with respect to the adequacy of long-term

12 care facilities and services in the State; and

13 (ii) recommend such changes in such laws,

14 rules, policies, and actions as the individual de15 termines to be appropriate;

16 ‘‘(F) facilitate the ability of the public to

17 comment on such laws, rules, policies, and ac18 tions;

19 ‘‘(G) support the development of resident

20 and family councils; and

21 ‘‘(H) carry out such other activities as the

22 Ombudsman determines to be appropriate.

23 ‘‘(4) MONITORING POLICIES AND PROCEDURES.—

24 ‘‘(A) IN GENERAL.—The State agency shall

25 establish, in accordance with the Office, policies
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•S 1643 RS

1 and procedures for monitoring local Ombudsman

2 entities designated to carry out the duties speci3 fied in subsection (a) and their representatives.

4 ‘‘(B) CONSULTATION AND COMMENT.—If the

5 entities are grant recipients, or the representa6 tives are employees, of area agencies on aging,

7 the State agency shall develop the policies and

8 procedures after consultation with the area agen9 cies on aging. The policies and procedures shall

10 provide for participation and comment by such

11 agencies and for resolution of concerns with re12 spect to case activity.

13 ‘‘(C) CONFIDENTIALITY AND CONFLICT OF

14 INTEREST.—The State agency shall develop the

15 policies and procedures, in accordance with all

16 provisions of subtitle A, this subtitle, and title

17 III, regarding confidentiality and conflict of in18 terest.

19 ‘‘(d) PROCEDURES FOR ACCESS.—The State shall en20 sure, and shall establish procedures that ensure, that a pro21 gram representative of the Office shall have—

22 ‘‘(1) access to long-term care facilities and resi23 dents;

24 ‘‘(2)(A) appropriate access to review the medical

25 and social records of a resident, if the representative
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•S 1643 RS

1 has the permission of the resident (or the legal rep2 resentative of the resident), or the resident is unable

3 to consent to the review and has no legal representa4 tive; or

5 ‘‘(B) such access to such records as is necessary

6 to investigate a complaint, as determined by the

7 State, if—

8 ‘‘(i) a legal guardian of the resident refuses

9 to give the permission;

10 ‘‘(ii) a program representative of the Office

11 has reasonable cause to believe that the guardian

12 is not acting in the best interests of the resident;

13 and

14 ‘‘(iii) the program representative obtains

15 the approval of the Ombudsman;

16 ‘‘(3) access to the administrative records, poli17 cies, and documents, to which the residents have or

18 the general public has access, of long-term care facili19 ties; and

20 ‘‘(4) access to and, on request, copies of all li21 censing and certification records maintained by the

22 State with respect to long-term care facilities.

23 ‘‘(e) DATA COLLECTION AND REPORTING.—The State

24 agency shall—
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1 ‘‘(1) collect and analyze data relating to com2 plaints regarding, and conditions in, long-term care

3 facilities, and to residents, for the purpose of identify4 ing and resolving significant problems;

5 ‘‘(2) document the program operations and out6 reach activities of the State long-term care ombuds7 man program; and

8 ‘‘(3) submit to the Assistant Secretary and other

9 State agencies, and make available to the public, an10 nual reports containing the data and documentation

11 specified in paragraphs (1) and (2).

12 ‘‘(f) DISCLOSURE.—

13 ‘‘(1) ESTABLISHMENT OF PROCEDURES.—The

14 State agency shall establish procedures for the disclo15 sure by the Ombudsman or local Ombudsman entities

16 of files maintained by the State long-term care om17 budsman program, including records, policies, docu18 ments, and data described in subsections (d) and (e).

19 ‘‘(2) DISCLOSURE ONLY AT DISCRETION OF OM20 BUDSMAN.—The procedures described in paragraph

21 (1) shall provide that, subject to paragraph (3), the

22 files described in paragraph (1) may be disclosed only

23 at the discretion of the Ombudsman.

24 ‘‘(3) NONDISCLOSURE OF IDENTITY.—The proce25 dures described in paragraph (1) shall prohibit the
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•S 1643 RS

1 disclosure of the identity of any complainant, or resi2 dent of a long-term care facility, with respect to

3 whom the Office maintains such files, unless—

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

5 legal representative of the complainant or resi6 dent, consents to the disclosure and the consent

7 is given in writing;

8 ‘‘(B) the complainant or resident gives con9 sent orally and the consent is documented con10 temporaneously in writing made by a program

11 representative of the Office in accordance with

12 such requirements as the State agency shall es13 tablish; or

14 ‘‘(C) the disclosure is required by court

15 order.

16 ‘‘(g) CONSULTATION.—In planning and operating the

17 State long-term care ombudsman program, the State agency

18 shall consider the views of area agencies on aging, older

19 individuals, and providers of long-term care.

20 ‘‘(h) CONFLICT OF INTEREST.—The State agency

21 shall—

22 ‘‘(1) ensure that no individual, or member of the

23 immediate family of an individual, involved in the

24 designation of the Ombudsman (whether by appoint25 ment or otherwise) or the designation of an entity
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•S 1643 RS

1 designated under subsection (c), is subject to a conflict

2 of interest;

3 ‘‘(2) ensure that no officer or employee of the Of4 fice, representative of a local Ombudsman entity, or

5 member of the immediate family of the officer, em6 ployee, or representative, is subject to a conflict of in7 terest;

8 ‘‘(3) ensure that the Ombudsman—

9 ‘‘(A) does not have a direct involvement in

10 the licensing or certification of a long-term care

11 facility or of a provider of a long-term care serv12 ice;

13 ‘‘(B) does not have an ownership or invest14 ment interest (represented by equity, debt, or

15 other financial relationship) in a long-term care

16 facility or a long-term care service;

17 ‘‘(C) is not employed by, or participating

18 in the management of, a long-term care facility;

19 and

20 ‘‘(D) does not receive, or have the right to

21 receive, directly or indirectly, remuneration (in

22 cash or in kind) under a compensation arrange23 ment with an owner or operator of a long-term

24 care facility; and
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1 ‘‘(4) establish, and specify in writing, mecha2 nisms to identify and remove conflicts of interest re3 ferred to in paragraphs (1) and (2), and to identify

4 and eliminate the relationships described in subpara5 graphs (A) through (D) of paragraph (3), including

6 such mechanisms as—

7 ‘‘(A) the methods by which the State agency

8 will examine individuals, and immediate family

9 members, to identify the conflicts; and

10 ‘‘(B) the actions that the State agency will

11 require the individuals and such family members

12 to take to remove such conflicts.

13 ‘‘(i) LEGAL COUNSEL.—The State agency shall ensure

14 that—

15 ‘‘(1)(A) adequate legal counsel is available and

16 able to provide advice and consultation needed to pro17 tect the health, safety, welfare, and rights of residents,

18 and to assist the Ombudsman and the program rep19 resentatives of the Office in the performance of the of20 ficial duties of the Ombudsman and representatives;

21 and

22 ‘‘(B) legal representation is provided to any pro23 gram representative of the Office against whom suit

24 or other legal action is brought or threatened to be

25 brought in connection with the performance of the of-
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1 ficial duties of the Ombudsman or such a representa2 tive; and

3 ‘‘(2) the Office pursues administrative, legal, and

4 other appropriate remedies on behalf of residents.

5 ‘‘(j) LIABILITY.—The State shall ensure that no pro6 gram representative of the Office shall be liable under State

7 law for the good faith performance of official duties de8 scribed in this Act.

9 ‘‘(k) NONINTERFERENCE.—The State shall—

10 ‘‘(1) ensure that willful interference with the rep11 resentatives of the Office in the performance of official

12 duties under the State long-term care ombudsman

13 program shall be unlawful;

14 ‘‘(2) prohibit retaliation and reprisals by a long15 term care facility or other entity with respect to any

16 resident, employee, or other person for filing a com17 plaint with, providing information to, or otherwise

18 cooperating with any representative of, the Office;

19 and

20 ‘‘(3) provide for appropriate sanctions with re21 spect to the interference, retaliation, and reprisals.
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•S 1643 RS

1 ‘‘Subtitle C—Senior Community

2 Service Employment Program

3 ‘‘SEC. 221. SHORT TITLE.

4 ‘‘This subtitle may be cited as the ‘Older American

5 Community Service Employment Act’.

6 ‘‘SEC. 222. DEFINITIONS.

7 ‘‘As used in this subtitle:

8 ‘‘(1) ADMINISTRATIVE COSTS.—The term ‘admin9 istrative costs’, used with respect to a project,

10 means—

11 ‘‘(A) the costs of—

12 ‘‘(i) salaries, wages, and fringe benefits

13 for project administrators;

14 ‘‘(ii) consumable office supplies used by

15 project staff;

16 ‘‘(iii) development, preparation, pres17 entation, management, and evaluation of

18 the project;

19 ‘‘(iv) establishment and maintenance

20 of accounting and management information

21 systems;

22 ‘‘(v) establishment and maintenance of

23 advisory councils;

24 ‘‘(vi) travel of the project administra25 tors;
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•S 1643 RS

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

2 and indirect costs attributable to the

3 project;

4 ‘‘(viii) training of staff and technical

5 assistance to subproject sponsor staff;

6 ‘‘(ix) equipment and material for use

7 by project staff; or

8 ‘‘(x) audit services; and

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

10 paragraph (3)(B).

11 ‘‘(2) COMMUNITY SERVICE EMPLOYMENT.—The

12 term ‘community service employment’ means employ13 ment described in section 223(a)(1).

14 ‘‘(3) OTHER PARTICIPANT COSTS.—

15 ‘‘(A) IN GENERAL.—The term ‘other partici16 pant costs’ includes—

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

18 ‘‘(I) transportation;

19 ‘‘(II) training, including training

20 described in section 223(d)(9); and

21 ‘‘(III) special job or personal

22 counseling; and

23 ‘‘(ii) incidental expenses necessary for

24 the participation of the participants, such
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•S 1643 RS

1 as workshoes, safety eyeglasses, uniforms,

2 tools, and similar items.

3 ‘‘(B) EXCLUSION.—The term shall not in4 clude—

5 ‘‘(i) the costs of performing assess6 ments, including the assessment described in

7 section 223(d)(11);

8 ‘‘(ii) administrative expenses relating

9 to the training of participants;

10 ‘‘(iii) the costs of providing counseling

11 to participants;

12 ‘‘(iv) the costs of providing supportive

13 services to participants;

14 ‘‘(v) transportation costs incurred in

15 training;

16 ‘‘(vi) the costs of evaluating partici17 pants for continued participation in em18 ployment in a project described in this sub19 title; or

20 ‘‘(vii) the costs of developing host agen21 cy assignments and unsubsidized employ22 ment for participants.

23 ‘‘(4) PLACED IN UNSUBSIDIZED EMPLOYMENT.—

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

25 unsubsidized employment’ means, with respect to
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1 an individual who was a participant in a

2 project described in this subtitle, that—

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

4 position with an employer not later than 90

5 days after the individual terminated par6 ticipation in the project, and the position

7 was not subsidized with Federal funds; and

8 ‘‘(II) the placement was attributable to

9 participation in the project;

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

11 date of the placement, to employ the indi12 vidual in the position for not less than 90

13 days;

14 ‘‘(iii) the individual was still employed

15 in the position 30 days after the placement;

16 and

17 ‘‘(iv) the individual was better off eco18 nomically when employed in the position

19 than the individual was when participating

20 in the project.

21 ‘‘(B) BETTER OFF ECONOMICALLY.—As used

22 in this paragraph, the term ‘better off economi23 cally’, used with respect to an individual, means

24 an individual who was a participant in a
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1 project described in this subtitle and was placed

2 in a position of employment if—

3 ‘‘(i) the individual received greater in4 come for employment in the position than

5 for participation in the project;

6 ‘‘(ii) the individual received greater

7 benefits (as defined by the State in which

8 the project is located) for employment in the

9 position than for participation in the

10 project; or

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

12 following criteria:

13 ‘‘(I) The position provided to the

14 individual 20 or more hours of employ15 ment per week and a wage that is not

16 less than the minimum wage deter17 mined in accordance with section

18 6(a)(1) of the Fair Labor Standards

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

20 ‘‘(II) The position was consistent

21 with the individual development plan

22 for the individual.

23 ‘‘(III) The position provided free

24 housing to the individual.
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1 ‘‘(IV) The position provided free

2 food or meals to the individual.

3 ‘‘(V) The position provided health

4 benefits to the individual.

5 ‘‘(VI) The position provided free

6 transportation, or transportation at a

7 reduced cost, to the individual.

8 ‘‘(VII) The position provided to

9 the individual such economic benefits,

10 other than the benefits described in

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

12 State in which the project was located

13 determined to be appropriate.

14 ‘‘(5) SMALL STATE.—The term ‘small State’

15 means—

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

17 121 is increased as a result of the condition spec18 ified in section 121(b)(2)(C)(ii)(I); and

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

20 121(b)(2)(C)(ii)(II).

21 ‘‘SEC. 223. SENIOR COMMUNITY SERVICE EMPLOYMENT

22 PROGRAM.

23 ‘‘(a) AUTHORITY FOR PROGRAM.—

24 ‘‘(1) GRANTS.—With funds allotted under section

25 121(b), the Assistant Secretary shall make grants to
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1 eligible States and tribal organizations for the pur2 pose of providing, to unemployed low-income older in3 dividuals who have poor employment prospects (as

4 determined in accordance with standards issued by

5 the States and organizations), part-time employment

6 opportunities providing community services (includ7 ing providing services for a business, to the extent

8 permitted by subsection (b)(3).

9 ‘‘(2) USE OF FUNDS.—

10 ‘‘(A) WAGES AND BENEFITS.—

11 ‘‘(i) IN GENERAL.—Except as provided

12 in clause (ii) or subparagraph (C) or (D),

13 not less than 90 percent of the funds made

14 available through a grant made under para15 graph (1) shall be used to pay wages and

16 benefits for older individuals who are em17 ployed under projects carried out under this

18 subtitle.

19 ‘‘(ii) SMALL STATES.—Except as pro20 vided in subparagraph (C) or (D), not less

21 than 85 percent of the funds made available

22 through a grant made under paragraph (1)

23 to a small State shall be used to pay wages

24 and benefits for older individuals who are
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1 employed under projects carried out under

2 this subtitle.

3 ‘‘(B) ADMINISTRATIVE COSTS.—

4 ‘‘(i) IN GENERAL.—Except as provided

5 in clause (ii), not more than 10 percent of

6 the funds made available through a grant

7 made under paragraph (1) may be used to

8 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 ad13 ministrative costs.

14 ‘‘(C) OTHER PARTICIPANT COSTS; PROJECTS

15 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 through

20 an agreement under subsection (b) with a

21 political subdivision, may request that the

22 Assistant Secretary provide for a fiscal

23 year—

24 ‘‘(I) a general waiver of subpara25 graph (A); or
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1 ‘‘(II) the general waiver and an

2 additional waiver of subparagraph

3 (A).

4 ‘‘(ii) REQUEST.—

5 ‘‘(I) IN GENERAL.—The State or

6 tribal organization shall submit such a

7 request at such time, in such form, and

8 containing such information as the As9 sistant Secretary may require by rule.

10 ‘‘(II) INFORMATION FOR ADDI11 TIONAL WAIVER.—Except as provided

12 in subclause (III), a State or tribal or13 ganization that requests such an addi14 tional waiver for a fiscal year shall

15 submit with the request information

16 demonstrating that at least 30 percent

17 of the participants in the projects car18 ried out through a grant made under

19 paragraph (1) for the previous year to

20 the State or organization were placed

21 in unsubsidized employment.

22 ‘‘(III) WAIVER.—The Assistant

23 Secretary may elect to waive the re24 quirement described in subclause (II)

25 for tribal organizations serving Native
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1 American populations in which the

2 unemployment rate (as determined by

3 the Secretary of Labor for the most re4 cent 12-month period for which data

5 are available, prior to the fiscal year

6 for which the determination is made)

7 exceeds 50 percent.

8 ‘‘(iii) APPROVAL.—If the Assistant

9 Secretary determines that the State or trib10 al organization has submitted a request that

11 meets the requirements of clause (ii), the As12 sistant Secretary shall approve the request.

13 ‘‘(iv) GENERAL WAIVER.—A general

14 waiver referred to in this subparagraph

15 shall permit a State or tribal organization

16 to use—

17 ‘‘(I) not less than 80 percent of

18 the funds made available through the

19 grant for the fiscal year for which the

20 waiver is requested to pay wages and

21 benefits described in subparagraph

22 (A)(i);

23 ‘‘(II) not more than 10 percent

24 (or not more than 15 percent in the
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1 case of a small State) of such funds to

2 pay for administrative costs; and

3 ‘‘(III) the remaining portion of

4 such funds to pay for other participant

5 costs.

6 ‘‘(v) ADDITIONAL WAIVER.—A State or

7 tribal organization that receives a general

8 waiver and an additional waiver referred to

9 in this subparagraph may use—

10 ‘‘(I) not less than 75 percent of

11 the funds made available through the

12 grant for the fiscal year for which the

13 waiver is requested to pay wages and

14 benefits described in subparagraph

15 (A)(i);

16 ‘‘(II) not more than 10 percent

17 (or not more than 15 percent in the

18 case of a small State) of such funds to

19 pay for administrative costs; and

20 ‘‘(III) the remaining portion of

21 such funds to pay for other participant

22 costs.

23 ‘‘(D) OTHER PARTICIPANT COSTS; PROJECTS

24 CARRIED OUT UNDER AGREEMENTS.—
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1 ‘‘(i) IN GENERAL.—An entity, other

2 than a State or tribal organization that re3 ceives a grant under subsection (a), or a po4 litical subdivision, that carries out a project

5 under a grant made under paragraph (1)

6 may request that the State or tribal organi7 zation that received the grant provide for a

8 fiscal year—

9 ‘‘(I) a general waiver of subpara10 graph (A); and

11 ‘‘(II) an additional waiver of sub12 paragraph (A).

13 ‘‘(ii) APPLICATION OF PROVISIONS.—

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

15 subparagraph (C) shall apply to such re16 quests and such general and additional

17 waivers, as appropriate, except that ref18 erences in such provisions—

19 ‘‘(I) to a State or tribal organiza20 tion shall be deemed to be references to

21 the entity referred to in clause (i); and

22 ‘‘(II) to the Assistant Secretary

23 shall be deemed to be references to the

24 State or tribal organization that re-
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•S 1643 RS

1 ceived the grant referred to in clause

2 (i).

3 ‘‘(E) NON-FEDERAL SOURCES.—To the

4 maximum extent practicable, an entity that car5 ries out a project under this subtitle shall pro6 vide for the payment of the costs described in

7 subparagraph (B), (C), or (D) from non-Federal

8 sources.

9 ‘‘(b) ELIGIBILITY FOR GRANTS.—

10 ‘‘(1) APPLICATION AND AGREEMENTS.—To be eli11 gible to receive a grant under subsection (a), a State

12 or tribal organization shall submit to the Assistant

13 Secretary an annual application at such time, in

14 such form, and containing such information as the

15 Assistant Secretary may require by rule, including an

16 assurance that funds made available through such

17 grant—

18 ‘‘(A) will be used by the State or tribal or19 ganization to carry out projects for the purpose

20 specified in subsection (a)(1)—

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

22 requirements of subsection (d)); or

23 ‘‘(ii) through agreements that satisfy

24 the requirements of this subsection and sub25 section (d); and
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1 ‘‘(B) will not be used to carry out a project

2 involving the construction, operation, or mainte3 nance of any facility used or to be used as a

4 place for sectarian religious instruction or wor5 ship.

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

7 agreements shall be entered into by the State or tribal

8 organization with—

9 ‘‘(A) public or nonprofit private agencies or

10 organizations;

11 ‘‘(B) political subdivisions of States having

12 elected or duly appointed governing officials (or

13 combinations of such political subdivisions);

14 ‘‘(C) tribal organizations; and

15 ‘‘(D) area agencies on aging.

16 ‘‘(3) AGREEMENTS WITH BUSINESSES.—At the

17 election of a State or tribal organization that receives

18 a grant made under subsection (a), not more than 5

19 percent of the funds made available through the grant

20 may be used to enter into agreements with businesses

21 (giving special consideration to businesses in growth

22 industries) to pay for not more than 50 percent of the

23 cost of providing part-time employment (including

24 arranging for the provision of part-time employment)

25 to older individuals described in subsection (a)(1).
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1 ‘‘(c) COMPETITIVE BASIS.—In selecting an entity with

2 whom a State or tribal organization will enter into an

3 agreement under subsection (b), the State or organization—

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

5 basis; and

6 ‘‘(2) shall take into consideration, where appro7 priate, the demonstrated ability of the entity to pro8 vide employment (including arranging for the provi9 sion of employment) to older individuals as described

10 in subsection (a)(1).

11 ‘‘(d) REQUIREMENTS.—

12 ‘‘(1) IN GENERAL.—Each agreement entered into

13 under subsection (b) for a project shall provide that

14 no payment shall be made by the State or tribal orga15 nization toward the cost of such project unless the

16 State or tribal organization determines that such

17 project, or the entity that carries out such project, as

18 appropriate, will satisfy each of the conditions de19 scribed in paragraphs (2) through (13). Each State or

20 tribal organization that carries out a project directly

21 under subsection (b) shall ensure that such project or

22 the State or organization, as appropriate, will satisfy

23 each of the conditions described in paragraphs (2)

24 through (13).

25 ‘‘(2) FEDERAL SHARE REQUIREMENT.—
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•S 1643 RS

1 ‘‘(A) IN GENERAL.—The entity that carries

2 out the project shall use funds received for such

3 project that are made available through a grant

4 made under subsection (a) to pay for the Federal

5 share of the cost of the project.

6 ‘‘(B) FEDERAL SHARE.—The Federal share

7 of the cost of the project shall be not more than

8 85 percent (or not more than 50 percent in the

9 case of a project carried out under an agreement

10 described in subsection (b)(3)).

11 ‘‘(C) NON-FEDERAL SHARE.—The non-Fed12 eral share of such cost shall be contributed in

13 cash or in kind. In determining the amount of

14 the non-Federal share, the Assistant Secretary

15 may attribute fair market value to services and

16 facilities contributed from non-Federal sources.

17 ‘‘(3) PERSONNEL.—The project shall provide em18 ployment only for older individuals described in sub19 section (a)(1), except for necessary technical, adminis20 trative, and supervisory personnel. Such personnel

21 shall, to the fullest extent possible, be recruited from

22 among older individuals described in subsection

23 (a)(1).

24 ‘‘(4) COMMUNITIES.—
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•S 1643 RS

1 ‘‘(A) IN GENERAL.—If such project is car2 ried out by or under an agreement with a State,

3 the project shall provide employment for such in4 dividuals in the community in which such indi5 viduals reside, or in nearby communities.

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

7 carried out by a tribal organization that receives

8 a grant under subsection (a), or enters into an

9 agreement under subsection (b) with a State that

10 receives a grant under subsection (a), the project

11 shall provide employment for such individuals

12 who are Indians residing on an Indian reserva13 tion, as the term is defined in section 2601(2) of

14 the Energy Policy Act of 1992 (25 U.S.C.

15 3501(2)).

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

17 carried out under an agreement described in sub18 section (b)(3)) shall employ older individuals de19 scribed in subsection (a)(1) in positions in which the

20 individuals provide services—

21 ‘‘(A) related to publicly owned and operated

22 facilities or public projects; or

23 ‘‘(B) related to projects sponsored by orga24 nizations described in section 501(c)(3) of the In-
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•S 1643 RS

1 ternal Revenue Code of 1986 that are exempt

2 from taxation under section 501(a) of such Code.

3 ‘‘(6) GENERAL WELFARE.—The project shall con4 tribute to the general welfare of the community in

5 which the project is carried out.

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

7 shall—

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

9 opportunities over the opportunities that would

10 otherwise be available;

11 ‘‘(B) not result in the displacement (includ12 ing partial displacement, such as a reduction in

13 the hours of nonovertime work or wages or em14 ployment benefits) of currently employed workers

15 (as of the date of the beginning of the project);

16 and

17 ‘‘(C) not impair existing contracts (as of the

18 date of the beginning of the project) or result in

19 the substitution of Federal funds for other funds

20 in connection with work that would otherwise be

21 performed.

22 ‘‘(8) RECRUITMENT AND SELECTION.—In carry23 ing out the project, the entity shall utilize methods of

24 recruitment and selection (including listing job va25 cancies with an employment agency operated by any
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1 State or political subdivision of a State) that will en2 sure that the maximum number of older individuals

3 described in subsection (a)(1) will have an oppor4 tunity to participate in the project.

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

6 training as may be necessary to make the most effec7 tive use of the skills and talents of such individuals

8 who are participating in the project and assist in

9 their transition into employment for which no finan10 cial assistance is provided under this subtitle.

11 ‘‘(10) ADVICE.—The entity shall establish or ad12 minister the project after receiving the advice of—

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

14 service in which the project will provide employ15 ment; and

16 ‘‘(B) individuals who are knowledgeable

17 with regard to the needs of older individuals.

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

19 an assessment of—

20 ‘‘(A) the skills and talents of each partici21 pating older individual;

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

23 supportive services; and

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

25 perform community service employment; except
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•S 1643 RS

1 to the extent that the project has an assessment

2 of such skills and talents, such need, or such abil3 ity, of the individual that was prepared recently

4 pursuant to another Federal or State employ5 ment or job training program.

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

7 that carries out such project shall post in the project

8 workplace a notice, and shall make available to each

9 individual associated with such project a written ex10 planation, clarifying the law with respect to allowable

11 and unallowable political activities under chapter 15

12 of title 5, United States Code, applicable to the

13 project and to each category of individuals associated

14 with such project.

15 ‘‘(13) PRIORITY IN EMPLOYMENT OPPORTUNI16 TIES.—In providing employment opportunities (in17 cluding arranging for the provision of employment

18 opportunities) under the project, such entity shall give

19 priority to low-income older individuals described in

20 subsection (a)(1) who are 60 years of age or older.

21 ‘‘(e) PREREQUISITE DETERMINATIONS AND COORDINA22 TION.—

23 ‘‘(1) DETERMINATIONS.—To effectively carry out

24 subsection (b), a State or tribal organization that re25 ceives a grant under subsection (a) for a fiscal year
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•S 1643 RS

1 shall, after consultation with the appropriate area

2 agencies on aging and with other organizations that

3 received funds under this subtitle in the preceding fis4 cal year—

5 ‘‘(A) make a determination identifying the

6 localities in the State (or on an Indian reserva7 tion if a tribal organization receives such a

8 grant or enters into an agreement with a State

9 that receives such a grant), in which projects de10 scribed in subsection (b) are most needed;

11 ‘‘(B) in making such determination, con12 sider the local employment situations and the

13 types of skills possessed by available local older

14 individuals described in subsection (a)(1); and

15 ‘‘(C) make a determination identifying po16 tential projects for, and the number and percent17 age of such individuals in the local population

18 of, each such locality.

19 ‘‘(2) COORDINATION.—To increase employment

20 opportunities available to older individuals, the State

21 or tribal organization shall coordinate the projects as22 sisted under this subtitle with—

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

24 carried out under this Act; and
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•S 1643 RS

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

2 job training programs.

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

4 practicable, the State or tribal organization shall en5 sure that entities that carry out projects under this

6 subtitle provide employment (including arranging for

7 the provision of employment) under this subtitle to

8 older individuals who on the day before the effective

9 date of section 3 of the Older Americans Amendments

10 of 1996 were participants under an agreement entered

11 into under section 502(b) (as in effect on the day be12 fore such date).

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

14 extent practicable, the State or tribal organization shall use

15 funds available for this subtitle to enter into agreements

16 under subsection (b), or carry out this subtitle, in an equi17 table manner, taking into consideration the number of eligi18 ble older individuals in the various geographical areas

19 served under the agreements or by the State or organization

20 and the relative distribution of such individuals among

21 urban and rural areas.

22 ‘‘(g) PRIOR SUBMISSION OF PROJECT DESCRIPTION.—

23 If an entity carries out a project under this subtitle in a

24 planning and service area, and the entity is not the area

25 agency on aging for the planning and service area, the en-
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•S 1643 RS

1 tity shall carry out the project in consultation with the area

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

3 aging, not less than 30 days before undertaking the project,

4 a description (including the location) of such project.

5 ‘‘(h) ALTERNATIVE WORK MODES; TECHNICAL AS6 SISTANCE.—To assist entities carrying out, and partici7 pants in, projects assisted under this subtitle, the State or

8 tribal organization may develop alternatives for innovative

9 work modes and provide technical assistance in creating job

10 opportunities through work sharing and other experimental

11 methods to groups representing business and industry, and

12 workers, as well as to individual employers, where appro13 priate.

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

15 under subsection (b) to enter into agreements described in

16 paragraph (3) of such subsection for a fiscal year, the State

17 or tribal organization shall submit to the Assistant Sec18 retary a report describing the projects carried out under

19 such agreements.

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

21 tribal organization that receives a grant under subsection

22 (a) for a project shall use a portion of the funds available

23 for administrative costs, as described in subsection

24 (a)(2)(B)—
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1 ‘‘(1) to collect data and carry out analyses relat2 ed to the need for community service employment

3 within the population served under the grant; and

4 ‘‘(2) to disseminate information obtained

5 through the data collection and analyses.

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

7 from time to time, rules that require States and tribal orga8 nizations that receive grants under subsection (a) to estab9 lish, to the maximum extent practicable, for projects carried

10 out under this subtitle the goal of annually placing not less

11 than 20 percent of project participants in employment for

12 which no financial assistance is provided under this sub13 title.

14 ‘‘SEC. 224. PARTICIPANTS NOT FEDERAL EMPLOYEES.

15 ‘‘(a) PROJECT PARTICIPANTS.—Older individuals de16 scribed in section 223(a)(1) who participate in a project

17 assisted under this subtitle shall not be considered to be Fed18 eral employees as a result of such participation and shall

19 not be subject to the provisions of part III of title 5, United

20 States Code.

21 ‘‘(b) WORKMEN’S COMPENSATION.—No State or tribal

22 organization shall enter into an agreement under section

23 223(b) with, or carry out such a project through, an entity

24 who is, or whose employees are, under State law, exempted

25 from the operation of the State workmen’s compensation
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•S 1643 RS

1 law, generally applicable to employees, unless the entity un2 dertakes to provide either through insurance by a recognized

3 carrier, or by self-insurance, as authorized by State law,

4 that the individuals employed under the contract shall enjoy

5 workmen’s compensation coverage equal to such coverage

6 provided by law for covered employment.

7 ‘‘SEC. 225. EMPLOYMENT ASSISTANCE AND FEDERAL HOUS8 ING AND FOOD STAMP PROGRAMS.

9 ‘‘Funds received by eligible individuals from projects

10 carried out under this subtitle shall not be considered to

11 be income of such individuals for purposes of determining

12 the eligibility of such individuals, or of any other persons,

13 to participate in any housing program for which Federal

14 funds may be available or for any income determination

15 under the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.).

16 ‘‘Subtitle D—Disease Prevention

17 and Health Promotion Program

18 ‘‘SEC. 231. ESTABLISHMENT OF GRANT PROGRAM.

19 ‘‘(a) AUTHORITY.—The Assistant Secretary shall carry

20 out a program for making grants to States, to enable the

21 States to assist eligible area agencies on aging to provide

22 disease prevention and health promotion services and infor23 mation at multipurpose senior centers, at congregate meal

24 sites, through home-delivered meal programs, or at other ap25 propriate sites. In carrying out such program, the Assistant
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•S 1643 RS

1 Secretary shall consult with the Director of the Centers for

2 Disease Control and Prevention and the Director of the Na3 tional Institute on Aging.

4 ‘‘(b) SERVICES.—Each State, in consultation with the

5 Assistant Secretary, shall determine the services to be pro6 vided as disease prevention and health promotion services

7 in the State under this subtitle. The State may not include

8 services for which payment may be made under title XVIII

9 of the Social Security Act (42 U.S.C. 1395 et seq.).

10 ‘‘(c) USE OF SERVICES.—Each State, to the extent pos11 sible, shall assure that area agencies on aging use services

12 provided by other community organizations and agencies

13 in carrying out the provisions of this subtitle.

14 ‘‘SEC. 232. DISTRIBUTION TO AREA AGENCIES ON AGING.

15 ‘‘The State agency shall give priority, in assisting area

16 agencies on aging under this subtitle, to agencies serving

17 areas of the State—

18 ‘‘(1) that are medically underserved; and

19 ‘‘(2) in which there are large numbers of older

20 individuals with greatest economic need who are in

21 need of services described in section 231.
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•S 1643 RS

1 ‘‘TITLE III—LOCAL PROGRAMS

2 ON AGING

3 ‘‘Subtitle A—General Provisions

4 ‘‘SEC. 301. ELIGIBILITY OF LOCAL ORGANIZATIONS.

5 ‘‘(a) DESIGNATION OF AREA AGENCIES ON AGING.—

6 An area agency on aging designated under section 201(a)—

7 ‘‘(1) shall be—

8 ‘‘(A) an established office of aging;

9 ‘‘(B) any office or agency of a unit of gen10 eral purpose local government, that is designated

11 to function only for the purpose of serving as an

12 area agency on aging by the chief elected official

13 of such unit;

14 ‘‘(C) any office or agency designated by the

15 appropriate chief elected officials of any com16 bination of units of general purpose local govern17 ment to act on behalf of such combination only

18 for such purpose;

19 ‘‘(D) any public or nonprofit private agen20 cy in a planning and service area, or any sepa21 rate organizational unit within such agency,

22 that is under the supervision or direction for

23 such purpose of the designated State agency and

24 that can and will engage only in the planning

25 or provision of a broad range of supportive serv-
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•S 1643 RS

1 ices, or of nutrition services, within the planning

2 and service area; or

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

4 section 201(a)(1)(E) as a single planning and

5 service area, the State agency; and

6 ‘‘(2) shall provide an assurance, determined to be

7 adequate by the State agency, that the area agency on

8 aging will have the ability to develop an area plan

9 in accordance with section 302 and to carry out, di10 rectly or through contractual or other arrangements,

11 a program in accordance with the plan within the

12 planning and service area.

13 ‘‘(b) PREFERENCE.—In designating an area agency on

14 aging within the planning and service area, including any

15 unit of general purpose local government designated as a

16 planning and service area, the State shall give preference

17 to an established office on aging, unless the State agency

18 finds that no such office within the planning and service

19 area will have the capacity to carry out the area plan.

20 ‘‘SEC. 302. AREA PLANS.

21 ‘‘(a) PLAN.—To be eligible for designation as an area

22 agency on aging in a State, an entity shall prepare, de23 velop, and submit to the State agency an area plan for a

24 planning and service area for a 2-, 3-, or 4-year period

25 determined by the State agency, with such annual revisions
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•S 1643 RS

1 as may be necessary. Each such plan shall be based on a

2 uniform format for area plans within the State. Each such

3 plan shall comply with all of the following requirements:

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

5 through a comprehensive and coordinated system,

6 for—

7 ‘‘(A) supportive services (including, where

8 appropriate, services to support the establish9 ment or maintenance of multipurpose senior cen10 ters), nutrition services (including home-deliv11 ered nutrition services and congregate nutrition

12 services), within the planning and service area

13 covered by the plan;

14 ‘‘(B) determining the extent of need for sup15 portive services (including services to support

16 multipurpose senior centers), and nutrition serv17 ices (taking into consideration the comparative

18 need for home-delivered nutrition services, con19 gregate nutrition services, and adult day care

20 nutrition services), in such area (taking into

21 consideration, among other things, the number of

22 low-income older individuals residing in such

23 area, the number of older individuals with great24 est economic need residing in such area, the

25 number of older individuals with greatest social
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•S 1643 RS

1 need residing in such area, the number of older

2 individuals who are Indians residing in such

3 area, and the efforts of voluntary organizations

4 in such area);

5 ‘‘(C) evaluating the effectiveness of the use

6 of resources in meeting such need; and

7 ‘‘(D) entering into agreements with provid8 ers of supportive services (including services to

9 support multipurpose senior centers) and nutri10 tion services in such area, for the provision of

11 such services or centers to meet such need.

12 ‘‘(2) PROMOTION OF INDEPENDENT LIVING.—The

13 plan shall promote independent living through the use

14 of home- and community-based care for older individ15 uals, address the nutrition and health promotion

16 needs of older individuals, provide advocacy for and

17 protect the rights of vulnerable older individuals in

18 both community-based and institutional settings,

19 specify efforts to be undertaken to ensure the quality

20 of supportive services and nutrition services provided

21 in such settings, enhance access to services provided

22 under the plan, and encourage community participa23 tion in carrying out the plan.

24 ‘‘(3) INFORMATION AND ASSISTANCE SERVICES.—

25 The plan shall provide for the establishment and
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•S 1643 RS

1 maintenance of information and assistance services to

2 ensure that older individuals within the planning

3 and service area covered by the plan will have reason4 ably convenient access to services provided under the

5 plan, with particular emphasis on linking services

6 available to—

7 ‘‘(A) isolated older individuals; and

8 ‘‘(B) older individuals with Alzheimer’s dis9 ease or related disorders and with neurological

10 or organic brain dysfunction (and the caretakers

11 of such individuals).

12 ‘‘(4) SPECIFIC OBJECTIVES; OUTREACH.—

13 ‘‘(A) OBJECTIVES.—The plan shall contain

14 an assurance that the area agency on aging will

15 set specific objectives for providing services to

16 older individuals with greatest economic need,

17 older individuals with greatest social need, and

18 older individuals residing in rural areas.

19 ‘‘(B) OUTREACH.—The plan shall contain

20 assurances that the area agency on aging will

21 use outreach efforts that will—

22 ‘‘(i) identify individuals eligible for as23 sistance under subtitle B or C, with special

24 emphasis on—
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•S 1643 RS

1 ‘‘(I) older individuals residing in

2 rural areas;

3 ‘‘(II) older individuals with great4 est economic need;

5 ‘‘(III) older individuals with

6 greatest social need, with particular

7 attention to low-income minority indi8 viduals;

9 ‘‘(IV) older individuals with se10 vere disabilities;

11 ‘‘(V) older individuals with lim12 ited-English speaking ability;

13 ‘‘(VI) older individuals with Alz14 heimer’s disease or related disorders

15 and with neurological or organic brain

16 dysfunction (and the caretakers of such

17 individuals); and

18 ‘‘(VII) low-income minority older

19 individuals; and

20 ‘‘(ii) inform the older individuals re21 ferred to in subclauses (I) through (VII) of

22 clause (i), and the caretakers of such indi23 viduals, of the availability of such assist24 ance.
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•S 1643 RS

1 ‘‘(5) EVALUATIONS; TECHNICAL ASSISTANCE AND

2 INFORMATION; ADVOCACY; ADVISORY COUNCIL.—The

3 plan shall provide that the area agency on aging

4 will—

5 ‘‘(A) furnish appropriate technical assist6 ance, and information in a timely manner, to

7 providers of supportive services (including serv8 ices to support multipurpose senior centers) and

9 nutrition services in the planning and service

10 area covered by the area plan;

11 ‘‘(B) take into account, in connection with

12 matters of general policy arising in the develop13 ment and administration of the area plan, the

14 views of recipients of services under the plan;

15 ‘‘(C) serve as the advocate and focal point

16 for older individuals within communities in the

17 planning and service area by (in cooperation

18 with agencies, organizations, institutions, and

19 individuals participating in activities under the

20 plan) monitoring, evaluating, and commenting

21 on all policies, programs, hearings, levies, and

22 community actions within the area that will af23 fect older individuals;

24 ‘‘(D) establish an advisory council consist25 ing of older individuals who are participants or
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•S 1643 RS

1 who are eligible to participate in programs car2 ried out under this Act, representatives of older

3 individuals, local elected officials, providers of

4 veterans’ health care (if appropriate), and the

5 general public, to advise continuously the area

6 agency on aging on all matters relating to the

7 development of the area plan, the administration

8 of the plan, and operations conducted under the

9 plan;

10 ‘‘(E) facilitate the coordination of commu11 nity-based, long-term care services for older indi12 viduals designed to—

13 ‘‘(i) retain individuals in their homes,

14 deferring unnecessary, costly institutional15 ization; and

16 ‘‘(ii) include the development of case

17 management services as a component of the

18 long-term care services;

19 ‘‘(F) facilitate the involvement of long-term

20 care providers in the coordination of commu21 nity-based long-term care services for older indi22 viduals and work to ensure community aware23 ness of, and involvement in, addressing the needs

24 of residents of long-term care facilities;
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•S 1643 RS

1 ‘‘(G) coordinate services and activities car2 ried out under the area plan with—

3 ‘‘(i) activities of community-based or4 ganizations, established for the benefit of

5 older individuals with Alzheimer’s disease

6 or related disorders and with neurological

7 or organic brain dysfunction (and the fami8 lies of such individuals); and

9 ‘‘(ii) the mental health services pro10 vided by community health centers and by

11 other public and nonprofit private agencies,

12 organizations, and institutions; and

13 ‘‘(H) establish a grievance procedure for

14 older individuals who are dissatisfied with serv15 ices provided, or who are denied services, under

16 subtitle B or C.

17 ‘‘(6) VOLUNTEERS.—The plan shall demonstrate

18 that the area agency on aging will encourage, and en19 list the services of, local volunteer groups to provide

20 assistance and services appropriate to the unique

21 needs of older individuals within the planning and

22 service area.

23 ‘‘(7) PREVENTION OF ELDER ABUSE, NEGLECT,

24 AND EXPLOITATION.—Whenever the State desires to

25 provide for programs for the prevention of elder
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•S 1643 RS

1 abuse, neglect, and exploitation for a fiscal year, the

2 plan shall—

3 ‘‘(A) contain an assurance that the area

4 agency on aging will conduct such a program in

5 a manner consistent with the provisions of this

6 Act;

7 ‘‘(B) contain an assurance that the area

8 agency on aging will provide public education

9 and outreach to identify and prevent elder abuse,

10 neglect, and exploitation;

11 ‘‘(C) contain an assurance that the area

12 agency on aging—

13 ‘‘(i) will establish procedures for re14 ceipt of reports of elder abuse, neglect, and

15 exploitation; and

16 ‘‘(ii) on receipt of a report of a known

17 or suspected instance of abuse, neglect, or

18 exploitation of an older individual, will

19 promptly refer the reported matter to the

20 proper authorities for investigation and ac21 tion consistent with State law; and

22 ‘‘(D) specify other activities that the area

23 agency—
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•S 1643 RS

1 ‘‘(i) determines to be beneficial in the

2 prevention of elder abuse, neglect, and ex3 ploitation; and

4 ‘‘(ii) intends to carry out under such

5 program.

6 ‘‘(8) DESCRIPTION OF ACTIVITIES.—The plan

7 shall—

8 ‘‘(A) describe all activities of the area agen9 cy on aging for which financial assistance is

10 provided to carry out subtitles B and C, and

11 subtitle D of title II; and

12 ‘‘(B) contain an assurance that such activi13 ties conform with—

14 ‘‘(i) the responsibilities of the area

15 agency on aging, as set forth in this sub16 section; and

17 ‘‘(ii) the laws, rules, and policies of the

18 State in which the area agency on aging is

19 carrying out an area plan.

20 ‘‘(9) DISCLOSURE OF SOURCES AND EXPENDI21 TURES OF FUNDS.—The plan shall contain an assur22 ance that the area agency on aging will, on the re23 quest of the State and for the purpose of monitoring

24 compliance with this Act (including conducting an

25 audit), disclose all sources and expenditures of funds
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•S 1643 RS

1 such agency receives or expends to provide assistance

2 to older individuals.

3 ‘‘(10) PROHIBITION ON MISUSE OF FUNDS.—The

4 plan shall provide assurances that funds received

5 from allotments made under section 121(c) and assist6 ance made available under sections 123 and 231 will

7 not be used to pay any part of a cost (including an

8 administrative cost) incurred by the area agency on

9 aging to carry out a contract or commercial arrange10 ment that is not carried out to implement subtitle B

11 or C, or subtitle D of title II.

12 ‘‘(11) CASE MANAGEMENT SERVICES.—The plan

13 shall provide that case management services provided

14 under this title through the area agency on aging

15 will—

16 ‘‘(A) not duplicate case management serv17 ices provided through other Federal and State

18 programs;

19 ‘‘(B) be coordinated with services described

20 in subparagraph (A);

21 ‘‘(C) include the provision, to consumers, of

22 a list of available service providers for appro23 priate care in the planning and service area

24 served by the agency;
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•S 1643 RS

1 ‘‘(D) be provided in a manner that gives a

2 consumer the right to choose a provider of pref3 erence; and

4 ‘‘(E) be provided by—

5 ‘‘(i) a public agency; or

6 ‘‘(ii) a nonprofit private agency that—

7 ‘‘(I) does not provide, and does

8 not have a direct or indirect ownership

9 or controlling interest in, or a direct or

10 indirect affiliation or relationship

11 with, an entity that provides services

12 (other than case management services,

13 outreach, and information and refer14 ral) under this title;

15 ‘‘(II) is located in a rural area

16 and obtains a waiver of the require17 ment described in subclause (I); or

18 ‘‘(III) is a community-based orga19 nization described in section

20 223(d)(5)(B), and is located in a plan21 ning and service area for which the

22 area agency on aging contracted with

23 a nonprofit private agency to provide

24 case management services in fiscal

25 year 1992.
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•S 1643 RS

1 ‘‘(12) COST SHARING.—The plan shall contain

2 an assurance that any requirements for cost sharing

3 by recipients of services provided under the plan will

4 be consistent with the provisions of the State plan

5 that satisfy the requirement specified in section

6 202(a)(16).

7 ‘‘(b) PRESERVATION OF ATTORNEY-CLIENT PRIVI8 LEGE.—An area agency on aging may not require any pro9 vider of legal assistance under this title to reveal any infor10 mation that is protected by the attorney-client privilege.

11 ‘‘(c) STATE AUTHORITY TO WITHHOLD ASSIST12 ANCE.—

13 ‘‘(1) FAILURE TO COMPLY.—If the head of a

14 State agency finds that an area agency on aging has

15 failed to comply with Federal or State laws (includ16 ing the area plan requirements of this section), rules,

17 or policies, the State may withhold from the area

18 agency on aging a portion of the assistance available

19 under the allotment made under section 121(c) and of

20 the assistance available under sections 123 and 231.

21 ‘‘(2) DUE PROCESS.—

22 ‘‘(A) IN GENERAL.—The head of the State

23 agency shall not withhold assistance under para24 graph (1) without first affording the area agency
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•S 1643 RS

1 on aging due process in accordance with proce2 dures established by the State agency.

3 ‘‘(B) PROCEDURES.—At a minimum, such

4 procedures shall include procedures for—

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

6 withhold assistance;

7 ‘‘(ii) providing documentation of the

8 need for such action; and

9 ‘‘(iii) at the request of the area agency

10 on aging, conducting a public hearing con11 cerning such action.

12 ‘‘(3) DIRECT ADMINISTRATION OF PROGRAMS.—

13 ‘‘(A) IN GENERAL.—If the State agency

14 withholds the assistance under paragraphs (1)

15 and (2), the State agency may use the assistance

16 withheld to directly administer programs under

17 subtitle B or C, or subtitle D of title II, in the

18 planning and service area served by the area

19 agency on aging for a period of not to exceed 180

20 days, except as provided in subparagraph (B).

21 ‘‘(B) EXTENSION OF PERIOD.—If the State

22 agency determines that the area agency on aging

23 has not taken corrective action, or if the State

24 agency does not approve the corrective action,

25 during the 180-day period described in subpara-
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•S 1643 RS

1 graph (A), the State agency may extend the pe2 riod until the area agency on aging takes satis3 factory corrective action, but not for longer than

4 1 year. If, at the end of the 1-year extension, the

5 area agency on aging has not taken satisfactory

6 corrective action, the State shall designate a new

7 area agency on aging to serve the planning and

8 service area.

9 ‘‘SEC. 303. SERVICES PROVIDED BY CHARITABLE, RELI10 GIOUS, OR PRIVATE ORGANIZATIONS.

11 ‘‘(a) IN GENERAL.—

12 ‘‘(1) STATE OPTIONS.—Notwithstanding any

13 other provision of law, a State may—

14 ‘‘(A) administer and provide services under

15 a program described in paragraph (2)(A)

16 through grants or contracts with charitable, reli17 gious, or private organizations; and

18 ‘‘(B) provide beneficiaries of assistance

19 under a program described in paragraph (2)(B)

20 with certificates, vouchers, or other forms of dis21 bursement that are redeemable with such organi22 zations.

23 ‘‘(2) PROGRAM DESCRIBED.—The program de24 scribed in this paragraph is a program funded under

25 this Act that—
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•S 1643 RS

1 ‘‘(A) permits grants or contracts with orga2 nizations; or

3 ‘‘(B) permits certificates, vouchers, or other

4 forms of disbursement to be provided to bene5 ficiaries as a means of providing assistance.

6 ‘‘(b) RELIGIOUS ORGANIZATIONS.—The purpose of this

7 section is to allow religious organizations to receive a grant,

8 to contract, or to accept certificates, vouchers, or other forms

9 of disbursement under any program described in subsection

10 (a)(2), on the same basis as any other provider without im11 pairing the religious character of such organizations, and

12 without diminishing the religious freedom of beneficiaries

13 of assistance funded under such program.

14 ‘‘(c) NONDISCRIMINATION AGAINST RELIGIOUS ORGA15 NIZATIONS.—Religious organizations are eligible, on the

16 same basis as any other private organization, as grant re17 cipients or contractors to provide assistance, or to accept

18 certificates, vouchers, or other forms of disbursement, under

19 any program described in subsection (a)(2) so long as the

20 programs are implemented in a manner consistent with the

21 Establishment Clause of the first amendment to the Con22 stitution. Neither the Federal Government nor a State re23 ceiving funds under such programs shall discriminate

24 against an organization that is or applies to be a grant

25 recipient or contractor to provide assistance, or that accepts
404

•S 1643 RS

1 certificates, vouchers, or other forms of disbursement, on the

2 basis that the organization has a religious character.

3 ‘‘(d) RELIGIOUS CHARACTER AND FREEDOM.—

4 ‘‘(1) RELIGIOUS ORGANIZATIONS.—Notwith5 standing any other provision of law, any religious or6 ganization with a grant or contract referred to in

7 subsection (a)(1)(A), or that accepts certificates,

8 vouchers, or other forms of disbursement referred to in

9 subsection (a)(1)(B), shall retain its independence

10 from Federal, State, and local governments, including

11 such organization’s control over the definition, devel12 opment, practice, and expression of its religious be13 liefs.

14 ‘‘(2) ADDITIONAL SAFEGUARDS.—Neither the

15 Federal Government nor a State shall require a reli16 gious organization to—

17 ‘‘(A) alter its form of internal governance;

18 or

19 ‘‘(B) remove religious art, icons, scripture,

20 or other symbols;

21 in order to be eligible to receive a grant or contract

22 to provide assistance, or to accept certificates, vouch23 ers, or other forms of disbursement, funded under a

24 program described in subsection (a)(2).

25 ‘‘(e) RIGHTS OF BENEFICIARIES OF ASSISTANCE.—
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•S 1643 RS

1 ‘‘(1) IN GENERAL.—If an individual described in

2 paragraph (2) has an objection to the religious char3 acter of the organization from which the individual

4 receives, or would receive, assistance funded under

5 any program described in subsection (a)(2), the State

6 in which the individual resides shall provide to such

7 individual (if otherwise eligible for such assistance)

8 from an alternative provider assistance the value of

9 which is not less than the value of the assistance that

10 the individual would have received from such organi11 zation.

12 ‘‘(2) INDIVIDUAL DESCRIBED.—An individual

13 described in this paragraph is an individual who re14 ceives, applies for, or requests to apply for, assistance

15 under a program described in subsection (a)(2).

16 ‘‘(f) NONDISCRIMINATION IN EMPLOYMENT.—

17 ‘‘(1) IN GENERAL.—Except as provided in para18 graph (2), nothing in this section shall be construed

19 to modify or affect the provisions of any other Federal

20 or State law or regulation that relates to discrimina21 tion in employment on the basis of religion.

22 ‘‘(2) EXCEPTION.—A religious organization with

23 a grant or contract referred to in subsection

24 (a)(1)(A), or that accepts certificates, vouchers, or

25 other forms of disbursement referred to in subsection
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•S 1643 RS

1 (a)(1)(B), may require that an employee rendering

2 service pursuant to such grant or contract, or pursu3 ant to the organization’s acceptance of certificates,

4 vouchers, or other forms of disbursement adhere to—

5 ‘‘(A) the religious tenets and teachings of

6 such organization; and

7 ‘‘(B) any rules of the organization regard8 ing the use of drugs or alcohol.

9 ‘‘(g) NONDISCRIMINATION AGAINST BENEFICIARIES.—

10 Except as otherwise provided in law, a religious organiza11 tion shall not discriminate against an individual in regard

12 to rendering assistance funded under any program de13 scribed in subsection (a)(2) on the basis of religion, a reli14 gious belief, or refusal to actively participate in a religious

15 practice.

16 ‘‘(h) FISCAL ACCOUNTABILITY.—

17 ‘‘(1) IN GENERAL.—Except as provided in para18 graph (2), any religious organization receiving a

19 grant or contracting to provide assistance funded

20 under any program described in subsection (a)(2)

21 shall be subject to the same regulations as other grant

22 recipients or contractors to account in accord with

23 generally accepted auditing principles for the use of

24 such funds provided under such programs.
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•S 1643 RS

1 ‘‘(2) LIMITED AUDIT.—If such organization seg2 regates Federal funds provided under such programs

3 into separate accounts, only the Federal funds pro4 vided to the organization shall be subject to audit.

5 ‘‘(i) COMPLIANCE.—A religious organization that has

6 its rights under this section violated may enforce its claim

7 exclusively by asserting a civil action for such relief as may

8 be appropriate, including injunctive relief or damages, in

9 an appropriate State court against the entity or agency

10 that allegedly commits such violation.

11 ‘‘(j) LIMITATIONS ON USE OF FUNDS FOR CERTAIN

12 PURPOSES.—

13 ‘‘(1) IN GENERAL.—No funds provided directly

14 to organizations (including funds provided through a

15 grant or contract) to provide services and administer

16 programs funded under this Act shall be expended for

17 sectarian worship or instruction.

18 ‘‘(2) EXCEPTION.—Paragraph (1) shall not

19 apply to financial assistance provided to or on behalf

20 of beneficiaries of assistance in the form of certifi21 cates, vouchers, or other forms of disbursement, if such

22 beneficiary may choose where such assistance shall be

23 redeemed.
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•S 1643 RS

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 area

7 agencies on aging in carrying out through grants and con8 tracts with eligible entities any of the following supportive

9 services that are necessary for the general welfare of older

10 individuals:

11 ‘‘(1) Health (including mental health), education

12 and training, welfare, informational, recreational,

13 homemaker, counseling, or referral services.

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 sub20 title.

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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•S 1643 RS

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; or

9 ‘‘(D) to receive applications from older in10 dividuals for housing under section 202 of the

11 Housing Act of 1959 (12 U.S.C. 1701q).

12 ‘‘(4) Services designed to assist older individuals

13 to avoid institutionalization, and services designed to

14 assist individuals in long-term care institutions who

15 are able to return to their communities, including—

16 ‘‘(A) client assessment services and develop17 ment and coordination of community-based serv18 ices;

19 ‘‘(B) in-home services for frail older indi20 viduals, including services for older individuals

21 with Alzheimer’s disease and related disorders

22 and with neurological or organic brain dysfunc23 tion (and for families of such individuals);

24 ‘‘(C) supportive activities to meet the spe25 cial needs of caregivers, including caregivers who
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•S 1643 RS

1 provide in-home services to frail older individ2 uals; and

3 ‘‘(D) in-home and other community-based

4 services to assist older individuals to live inde5 pendently in a home environment, including

6 home health, homemaker, shopping, escort, read7 er, and letter-writing services.

8 ‘‘(5) Services designed to provide to older indi9 viduals legal assistance and other counseling services

10 and assistance, including—

11 ‘‘(A) tax counseling and assistance, finan12 cial counseling, and counseling regarding appro13 priate health and life insurance coverage;

14 ‘‘(B) representation—

15 ‘‘(i) of individuals who are wards (or

16 are allegedly incapacitated); and

17 ‘‘(ii) in guardianship proceedings of

18 older individuals who seek to become guard19 ians, if other adequate representation is un20 available in the proceedings; and

21 ‘‘(C) provision, to older individuals who

22 provide uncompensated care to their adult chil23 dren with disabilities, of counseling to assist

24 such older individuals with permanency plan25 ning for such children.
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•S 1643 RS

1 ‘‘(6) Services designed to enable older individuals

2 to attain and maintain physical and mental well3 being through programs of regular physical activity.

4 ‘‘(7) Activities designed to promote disease pre5 vention and health promotion.

6 ‘‘(8) Services designed to provide, for older indi7 viduals, preretirement counseling and assistance in

8 planning for and assessing future post-retirement

9 needs with regard to insurance benefits, public bene10 fits, lifestyle changes, relocation, legal matters, leisure

11 time, and other appropriate matters.

12 ‘‘(9) Services that are designed to meet the

13 unique needs of older individuals who are disabled

14 and of older individuals who provide uncompensated

15 care to their adult children with disabilities.

16 ‘‘(10) Services to encourage the employment of

17 older individuals (which shall be coordinated with the

18 assistance provided through the community service

19 employment program carried out under subtitle C of

20 title II), including job and second career counseling

21 and, in an appropriate case, job development, refer22 ral, and placement.

23 ‘‘(11) Services for the prevention of elder abuse,

24 neglect, and exploitation.
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•S 1643 RS

1 ‘‘(12) Crime prevention services, and victim as2 sistance programs, for older individuals.

3 ‘‘(13) Health and nutrition education services,

4 including information concerning prevention, diag5 nosis, treatment, and rehabilitation relating to age-re6 lated diseases and chronic disabling conditions.

7 ‘‘(14) Services designed to enable mentally im8 paired older individuals to attain and maintain emo9 tional well-being and independent living through a

10 comprehensive and coordinated system of services de11 scribed in the other paragraphs of this section.

12 ‘‘(15) Services designed to provide information

13 and training for individuals who are or may become

14 guardians or representative payees of older individ15 uals, including information on the powers and duties

16 of guardians and representative payees and on alter17 natives to guardianships.

18 ‘‘(16) Services to encourage and facilitate regu19 lar interaction between school-age children and older

20 individuals, including visits in long-term care facili21 ties, multipurpose senior centers, and other settings.

22 ‘‘(17) Services to support the establishment or

23 maintenance of multipurpose senior centers.
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•S 1643 RS

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 access

5 to the services authorized to be provided under any

6 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 serv11 ices is consistent with the core objectives described in

12 section 101(2).

13 ‘‘Subtitle C—Nutrition Services

14 ‘‘SEC. 321. PROGRAM AUTHORIZED.

15 ‘‘(a) NUTRITION SERVICES.—The Assistant Secretary

16 shall carry out a program for making grants to States,

17 under State plans approved under section 202, to enable

18 the States to assist eligible area agencies on aging in estab19 lishing and operating, through grants and contracts with

20 agencies, nutrition projects that provide 5 or more days a

21 week (or less frequently in a rural area where such fre22 quency is not feasible or in a State for which a lesser fre23 quency is approved by the State agency)—

24 ‘‘(1) meals to eligible individuals in congregate

25 meals settings; and
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•S 1643 RS

1 ‘‘(2) meals to eligible individuals in their homes.

2 ‘‘(b) REQUIREMENTS.—Meal providers providing

3 meals under a grant or contract made under this subtitle

4 shall provide eligible older individuals with at least 1 meal

5 per day and any additional meals per day that the agency

6 carrying out the project under the grant or contract may

7 elect to provide.

8 ‘‘SEC. 322. ADDITIONAL REQUIREMENTS.

9 ‘‘A State that establishes and operates a nutrition

10 project under this subtitle shall—

11 ‘‘(1) solicit the advice of a dietitian or an indi12 vidual with comparable expertise in the planning of

13 nutritional services; and

14 ‘‘(2) ensure that—

15 ‘‘(A) the project provides meals that—

16 ‘‘(i) comply with the Dietary Guide17 lines for Americans, published by the Sec18 retary and the Secretary of Agriculture;

19 ‘‘(ii) provide to each older individual

20 served by the project—

‘‘(I) a minimum of 331 21 ⁄3 percent

22 of the daily recommended dietary al23 lowances established by the Food and

24 Nutrition Board of the Institute of

25 Medicine of the National Academy of
415

•S 1643 RS

1 Sciences, if the project provides 1 meal

2 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 di11 etary needs of project participants;

12 ‘‘(B) the agency carrying out the project

13 provides flexibility to local meal providers in de14 signing meals that are appealing to project par15 ticipants;

16 ‘‘(C) the agency carrying out the project

17 makes grants, or encourages meal providers to

18 enter into contracts, that limit the amount of

19 time that meals may spend in transit before the

20 meals are consumed;

21 ‘‘(D) the agency carrying out the project,

22 where feasible, encourages arrangements with

23 schools and other facilities serving meals to chil24 dren in order to promote intergenerational meal

25 programs;
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•S 1643 RS

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 older

5 individuals served by the project as is feasible;

6 ‘‘(F) the agency carrying out the project en7 sures that meal providers carry out such project

8 with the advice of dietitians (or individuals with

9 comparable expertise in the planning of nutri10 tional services), older individuals served by the

11 project, and other individuals who are knowl12 edgeable with regard to the needs of older indi13 viduals;

14 ‘‘(G) the agency carrying out the project en15 sures that each participating area agency on

16 aging establishes procedures that allow nutrition

17 project administrators the option to offer a meal,

18 on the same basis as meals provided to older in19 dividuals served by the project, 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 meal,

23 older individuals served by the project;

24 ‘‘(H) the agency carrying out the project en25 sures that nutrition services will be available to
417

•S 1643 RS

1 older individuals and to their spouses, and may

2 be made available to individuals with disabil3 ities who are not older individuals but who re4 side in housing facilities that are occupied pri5 marily by older individuals and at which con6 gregate nutrition services are provided;

7 ‘‘(I) the project, where appropriate, provides

8 for nutrition education, counseling, and screen9 ing; and

10 ‘‘(J) the agency carrying out the project en11 sures that meal providers carry out such project

12 in accordance with applicable State and local

13 laws relating to food service.

14 ‘‘TITLE IV—NATIVE AMERICAN

15 PROGRAMS ON AGING

16 ‘‘SEC. 401. GRANTS FOR SERVICES TO NATIVE AMERICANS.

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

18 Secretary may make grants to organizations that meet the

19 requirements of subsection (b) and section 402 (referred to

20 individually in this title as an ‘eligible organization’) to

21 pay for 100 percent of the costs of projects for delivery of

22 supportive services, and nutrition services, for older indi23 viduals who are Native Americans.
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•S 1643 RS

1 ‘‘(b) ELIGIBILITY OF ORGANIZATIONS.—An organiza2 tion shall be eligible to receive a grant under this title only

3 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 sup8 portive 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 sup13 portive 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 sup21 portive services and nutrition services.

22 ‘‘SEC. 402. APPLICATIONS FOR GRANTS.

23 ‘‘(a) REQUIREMENT.—To be eligible to receive a grant

24 under this title, an organization shall submit an applica25 tion to the Assistant Secretary at such time, in such form,
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1 and containing such information as the Assistant Secretary

2 may establish by rule. Each such application shall—

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

4 will evaluate the need for supportive services and nu5 trition services among older individuals who are—

6 ‘‘(A) Indians represented by the organiza7 tion submitting the application if such organiza8 tion is a tribal organization described in section

9 401(b)(1);

10 ‘‘(B) Alaska Natives represented by the or11 ganization submitting the application if such or12 ganization is an Alaska Native organization de13 scribed in section 401(b)(2); or

14 ‘‘(C) Native Hawaiians to be served by the

15 organization submitting the application if such

16 organization is an organization described in sec17 tion 401(b)(3);

18 ‘‘(2) provide for the use of such methods of ad19 ministration as are necessary for the proper and effi20 cient administration of the project to be carried out

21 with such grant;

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

23 will make such reports at such time, in such form,

24 and containing such information, as the Assistant

25 Secretary may reasonably require, and comply with
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1 such requirements as the Assistant Secretary may im2 pose to ensure the correctness of such reports;

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

4 project to be carried out with such grant;

5 ‘‘(5) contain information describing objectives to6 ward which such project will be directed, identify ob7 stacles to the attainment of such objectives, and indi8 cate the manner in which such organization proposes

9 to overcome such obstacles;

10 ‘‘(6) provide for establishing and maintaining

11 information and assistance services to ensure that

12 older individuals who are served by such project will

13 have reasonably convenient access to the services and

14 activities provided by such project;

15 ‘‘(7) provide an assurance that the organization

16 will, whenever feasible, give preference to older indi17 viduals who are Native Americans in hiring individ18 uals for full- or part-time staff positions;

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

20 by way of grant or contract with appropriate entities,

21 the organization will—

22 ‘‘(A) ensure that nutrition services will be

23 delivered to older individuals as described in

24 paragraph (1); and
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1 ‘‘(B) substantially comply with subtitle C of

2 title III;

3 except that in any case in which the need of such in4 dividuals for nutrition services is already met from

5 other sources, such organization may expend for sup6 portive services the funds otherwise required to be ex7 pended under this paragraph;

8 ‘‘(9) provide an assurance that in providing any

9 legal assistance services or ombudsman services to

10 older individuals as described in paragraph (1), the

11 organization will substantially comply with the pro12 visions of subtitles A and B of title II, and subtitles

13 A and B of title III, relating to furnishing similar

14 services;

15 ‘‘(10) provide an assurance that the organization

16 will adopt such fiscal control and fund accounting

17 procedures as may be necessary to ensure proper dis18 bursement of, and accounting for, Federal funds paid

19 under this title to such organization, including any

20 funds paid by such organization to a recipient of a

21 grant or contract under this title;

22 ‘‘(11) demonstrate that such organization will

23 coordinate services provided under this title with serv24 ices provided under subtitles B, C, and D of title II,
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1 and subtitles B and C of title III, in the same geo2 graphical area; and

3 ‘‘(12) if the organization elects to solicit vol4 untary contributions from older individuals, provide

5 an assurance that such organization will ensure

6 that—

7 ‘‘(A) the amount of the contributions will be

8 based on the ability of the older individuals to

9 make such contributions; and

10 ‘‘(B) the contributions will be used to in11 crease, or to expand access to, services provided

12 under this title.

13 ‘‘(b) POPULATION STATISTICS.—For the purpose of ob14 taining information for any application submitted under

15 subsection (a) for a grant, an organization may develop

16 population statistics approved by the Bureau of Indian Af17 fairs for the population to be served under the grant, in

18 order to establish eligibility to receive a grant under this

19 title.

20 ‘‘(c) APPROVAL OF APPLICATION.—

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

22 shall approve any application that complies with sub23 section (a).

24 ‘‘(2) REPORTS.—The Assistant Secretary shall

25 provide waivers and exemptions of the reporting re-
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1 quirements of subsection (a)(3) for applicants that

2 serve Native American populations in geographically

3 isolated areas, or applicants that serve small Native

4 American populations, where the small scale of the

5 project, the nature of the applicant, or other factors

6 make the reporting requirements unreasonable under

7 the circumstances. The Assistant Secretary shall con8 sult with such applicants in establishing appropriate

9 waivers and exemptions.

10 ‘‘(3) NUTRITION SERVICES.—In determining

11 whether an application complies with the require12 ments of subsection (a)(8)(B), the Assistant Secretary

13 shall provide maximum flexibility to an applicant

14 who seeks to take into account subsistence needs, local

15 customs, and other characteristics that are appro16 priate to the unique cultural, regional, and geo17 graphic needs of the Native American populations to

18 be served.

19 ‘‘(4) COORDINATION.—In determining whether

20 an application complies with the requirements of sub21 section (a)(11), the Assistant Secretary shall require

22 only that an applicant provide a narrative descrip23 tion of the geographical area to be served and an as24 surance that the applicant will adopt procedures on
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1 receipt of the grant to ensure against duplicate serv2 ices being provided to the same recipients.

3 ‘‘(d) APPLICATION NOT APPROVED.—Whenever the As4 sistant Secretary determines that the Assistant Secretary

5 will not approve an application submitted under subsection

6 (a) by an organization the Assistant Secretary shall—

7 ‘‘(1) provide objections relating to the applica8 tion in writing to the organization within 60 days

9 after such determination;

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

11 assistance to the organization to overcome such objec12 tions; and

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

14 under such rules as the Assistant Secretary may

15 issue.

16 ‘‘(e) PERIOD FUNDED.—Whenever the Assistant Sec17 retary approves an application of an organization under

18 subsection (c), the Assistant Secretary shall make a grant

19 to the organization under this title for a period of not less

20 than 12 months.

21 ‘‘SEC. 403. DISTRIBUTION OF FUNDS AMONG ELIGIBLE OR22 GANIZATIONS.

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

24 availability of appropriations to carry out this title, the

25 amount of a grant (if any) made under this title to an
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1 eligible organization for fiscal year 1997 or a subsequent

2 fiscal year shall be not less than the amount of the grant

3 made to the eligible organization for fiscal year 1991 under

4 part A or B of title VI (as in effect on September 30, 1990).

5 ‘‘(b) USE OF ADDITIONAL AMOUNTS APPRO6 PRIATED.—If the amount appropriated to carry out this

7 title for fiscal year 1997 or a subsequent fiscal year exceeds

8 the amount appropriated to carry out parts A and B of

9 such title VI for fiscal year 1991, the amount of the grant

10 (if any) made under this title to an eligible organization

11 for such subsequent fiscal year shall be—

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

13 Secretary considers to be appropriate, in addition to

14 any amount required by subsection (a), so that the

15 grant equals or more closely approaches the amount

16 of the grant made to the eligible organization—

17 ‘‘(A) for fiscal year 1980 under part A of

18 title VI (as in effect on September 30, 1979); or

19 ‘‘(B) for fiscal year 1995 under part B of

20 title VI (as in effect on September 30, 1994); or

21 ‘‘(2) an amount the Assistant Secretary consid22 ers to be sufficient, if the eligible organization—

23 ‘‘(A) in the case of an organization de24 scribed in paragraph (1) or (2) of section 401(b),

25 did not receive a grant under part A of title VI
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1 for either fiscal year 1980 or fiscal year 1991 (as

2 in effect on September 30, 1979 or September 30,

3 1990, as appropriate); or

4 ‘‘(B) in the case of an organization de5 scribed in section 401(b)(3), did not receive a

6 grant under part B of title VI for either fiscal

7 year 1991 or fiscal year 1995 (as in effect on

8 September 30, 1990 or September 30, 1994, as

9 appropriate).

10 ‘‘SEC. 404. SURPLUS EDUCATIONAL FACILITIES.

11 ‘‘(a) REQUIREMENT.—

12 ‘‘(1) AVAILABILITY.—Notwithstanding any other

13 provision of law, the Secretary of the Interior shall—

14 ‘‘(A) make a surplus Indian educational fa15 cility or a surplus Alaska Native educational fa16 cility available for use as a multipurpose senior

17 center—

18 ‘‘(i) to an organization described in

19 section 401(b)(1) or an organization de20 scribed in section 401(b)(2), respectively; or

21 ‘‘(ii) with the approval of the Indian

22 tribe or Alaska Native organization in23 volved, to a public or nonprofit private or24 ganization; and
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1 ‘‘(B) make any other surplus educational

2 facility that is under the control of the Secretary

3 of the Interior and is located in Hawaii avail4 able for use as a multipurpose senior center, to

5 an organization described in section 401(b)(3).

6 ‘‘(2) ALTERATION TO PROVIDE CERTAIN SERV7 ICES.—Such centers may be altered so as to provide

8 extended care facilities, community center facilities,

9 nutrition services, adult day-care services, child care

10 services, or other supportive services.

11 ‘‘(b) APPLICATION.—To be eligible to receive a surplus

12 educational facility made available under subsection (a), an

13 organization described in section 401(b) shall submit an ap14 plication to the Secretary of the Interior at such time, in

15 such form, and containing such information, as the Sec16 retary of the Interior determines to be necessary to carry

17 out this section.

18 ‘‘SEC. 405. ADMINISTRATION.

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

20 the Secretary, acting through the Assistant Secretary, shall

21 consult with the Secretary of the Interior.

22 ‘‘SEC. 406. PAYMENTS.

23 ‘‘Payments may be made under this title (after nec24 essary adjustments on account of previously made overpay25 ments or underpayments) in advance or by way of reim-
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1 bursement and in such installments and on such conditions

2 as the Assistant Secretary may determine to be appropriate.

3 ‘‘SEC. 407. AUTHORIZATION OF APPROPRIATIONS.

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

5 this title, such sums as may be necessary for fiscal years

6 1997 through 2001.’’.

7 SEC. 5. CONFORMING AMENDMENTS.

8 (a) AGRICULTURE AND FOOD ACT OF 1981.—Section

9 1114(a)(2) of the Agriculture and Food Act of 1981 (7

10 U.S.C. 1431e(2)) is amended in subparagraphs (C) and (D)

11 by striking ‘‘section 311(a)(4) of the Older Americans Act

12 of 1965 (42 U.S.C. 3030a(a)(4))’’ each place it appears and

13 inserting ‘‘section 123, and subtitle C of title III, of the

14 Older Americans Act of 1965’’.

15 (b) JOB TRAINING PARTNERSHIP ACT.—

16 (1) Section 204(d) of the Job Training Partner17 ship Act (29 U.S.C. 1604(d)) is amended—

18 (A) in paragraph (4), by striking ‘‘title V

19 of the Older Americans Act of 1965 (42 U.S.C.

20 3056 et seq.)’’ and inserting ‘‘subtitle C of title

21 II of the Older Americans Act of 1965’’; and

22 (B) in paragraph (5)(B)(i), by striking

23 ‘‘title V of the Older Americans Act of 1965 (42

24 U.S.C. 3056 et seq.)’’ and inserting ‘‘subtitle C

25 of title II of the Older Americans Act of 1965’’.
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1 (2) Section 205(a)(8) of such Act (29 U.S.C.

2 1605(a)(8)) is amended to read as follows:

3 ‘‘(8) subtitle C of title II of the Older Americans

4 Act of 1965;’’.

5 (3) Section 455(b) of such Act (29 U.S.C.

6 1735(b)) is amended by striking ‘‘title V of the Older

7 Americans Act of 1965 (42 U.S.C. 3056 et seq.)’’ and

8 inserting ‘‘subtitle C of title II of the Older Americans

9 Act of 1965’’.

10 (c) TECHNOLOGY-RELATED ASSISTANCE FOR INDIVID11 UALS WITH DISABILITIES ACT OF 1988.—Section

12 102(e)(23)(G) of the Technology-Related Assistance for In13 dividuals With Disabilities Act of 1988 (29 U.S.C.

14 2212(e)(23)(G)) is amended by striking ‘‘any council estab15 lished under section 204, 206(g)(2)(A), or 712(a)(3)(H) of

16 the Older Americans Act of 1965 (42 U.S.C. 3015,

17 3017(g)(2)(A), or 3058g(a)(3)(H))’’ and inserting ‘‘any

18 council established under section 212(c)(3)(G) or

19 302(a)(5)(D) of the Older Americans Act of 1965’’.

20 (d) TITLE 31, UNITED STATES CODE.—Section

21 3803(c)(2)(C)(xi) of title 31, United States Code is amended

22 by striking ‘‘benefits under section 336 of the Older Ameri23 cans Act’’ and inserting ‘‘benefits under subtitle C of title

24 III of the Older Americans Act of 1965’’.
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1 (e) OMNIBUS BUDGET RECONCILIATION ACT OF

2 1990.—Section 4360(d)(1)(C)(ii) of the Omnibus Budget

3 Reconciliation Act of 1990 (42 U.S.C. 1395b–

4 4(d)(1)(C)(ii)) is amended by inserting ‘‘of 1965’’ after

5 ‘‘Older Americans Act’’.

6 (f) SOCIAL SECURITY ACT.—

7 (1) Section 1819 of the Social Security Act (42

8 U.S.C. 1395i–3) is amended—

9 (A) in subsection (b)(4)(C)(ii)(IV), by strik10 ing ‘‘section 307(a)(12) of the Older Americans

11 Act of 1965’’ and inserting ‘‘the Older Americans

12 Act of 1965, in accordance with subtitle B of

13 title II of such Act’’;

14 (B) in subsection (c)(2)(B)(iii)(II), by strik15 ing ‘‘title III or VII of the Older Americans Act

16 of 1965 in accordance with section 712 of the

17 Act’’ and inserting ‘‘the Older Americans Act of

18 1965, in accordance with subtitle B of title II of

19 such Act’’; and

20 (C) in subsection (g)(5)(B), by striking

21 ‘‘title III or VII of the Older Americans Act of

22 1965 in accordance with section 712 of the Act’’

23 and inserting ‘‘the Older Americans Act of 1965,

24 in accordance with subtitle B of title II of such

25 Act’’.
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1 (2) Section 1919 of such Act (42 U.S.C. 1396r)

2 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 ‘‘the Older Americans

6 Act of 1965, in accordance with subtitle B of

7 title II of such Act’’;

8 (B) in subsection (c)(2)(B)(iii)(II), by strik9 ing ‘‘title III or VII of the Older Americans Act

10 of 1965’’ and inserting ‘‘the Older Americans Act

11 of 1965, in accordance with subtitle B of title II

12 of such Act’’; 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 Act’’

16 and inserting ‘‘the Older Americans Act of 1965,

17 in accordance with subtitle B of title II of such

18 Act’’.

19 (g) HOUSING AND COMMUNITY DEVELOPMENT ACT OF

20 1974.—The last sentence of section 209 of the Housing and

21 Community Development Act of 1974 (42 U.S.C. 1438) is

22 amended by striking ‘‘title III of the Older Americans Act

23 of 1965’’ and inserting ‘‘sections 202 and 302 of the Older

24 Americans Act of 1965’’.

25 (h) NATIONAL SCHOOL LUNCH ACT.—
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1 (1) Section 14 of the National School Lunch Act

2 (42 U.S.C. 1762a) is amended—

3 (A) in subsection (a)(1), by striking ‘‘title

4 III of the Older Americans Act of 1965’’ and in5 serting ‘‘subtitle C of title III of the Older Amer6 icans Act of 1965’’; and

7 (B) in subsection (c), by striking ‘‘pur8 chased for donation under section 311(a)(4) of

9 the Older Americans Act of 1965 (42 U.S.C.

10 3030(a)(4)) or for cash payments in lieu of such

11 donations under section 311(b)(1) of such Act

12 (42 U.S.C. 3030(b)(1))’’ and inserting ‘‘pur13 chased under section 123 of the Older Americans

14 Act of 1965 or for allotments under such sec15 tion’’.

16 (2) Section 17(o)(3)(B) of such Act (42 U.S.C.

17 1766(o)(3)(B)) is amended by striking ‘‘part C of title

18 III of the Older Americans Act of 1965’’ and insert19 ing ‘‘subtitle C of title III of the Older Americans Act

20 of 1965’’.

21 (i) ENVIRONMENTAL PROGRAMS ASSISTANCE ACT OF

22 1984.—Section 2(a) of the Environmental Programs Assist23 ance Act of 1984 (42 U.S.C. 4368a(a)) is amended by strik24 ing ‘‘title V of the Older Americans Act of 1965’’ each place
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1 it appears and inserting ‘‘subtitle C of title II of the Older

2 Americans Act of 1965’’.

3 (j) INTERGOVERNMENTAL PERSONNEL ACT OF 1970.—

4 Section 208(a)(3)(B) of the Intergovernmental Personnel

5 Act of 1970 (42 U.S.C. 4728(a)(3)(B)) is amended by in6 serting before the semicolon the following ‘‘(as in effect on

7 January 4, 1971)’’.

8 (k) NOISE CONTROL ACT OF 1972.—Section 14(g) of

9 the Noise Control Act of 1972 (42 U.S.C. 4913(g)) is amend10 ed by inserting ‘‘of 1965’’ after ‘‘Older Americans Act’’.

11 (l) DOMESTIC VOLUNTEER SERVICE ACT OF 1973.—

12 Section 221(a)(2)(A)(ii) of the Domestic Volunteer Service

13 Act of 1973 (42 U.S.C. 5021(a)(2)(A)(ii)) is amended by

14 striking ‘‘title III of the Older Americans Act of 1965’’ and

15 inserting ‘‘subtitles B and D of title II, and subtitles B and

16 C of title III, of the Older Americans Act of 1965’’.

17 (m) DEVELOPMENTAL DISABILITIES ASSISTANCE AND

18 BILL OF RIGHTS ACT.—Section 124(b)(3) of the Devel19 opmental Disabilities Assistance and Bill of Rights Act (42

20 U.S.C. 6024(b)(3)) is amended by inserting ‘‘of 1965’’ after

21 ‘‘Older Americans Act’’.

22 (n) ENERGY CONSERVATION IN EXISTING BUILDINGS

23 ACT OF 1976.—Section 412(6) of the Energy Conservation

24 in Existing Buildings Act of 1976 (42 U.S.C. 6862(6)) is

25 amended by striking ‘‘paragraphs (4), (5), and (6), respec-
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1 tively, of section 102 of the Older Americans Act of 1965’’

2 and inserting ‘‘paragraphs (24)(A), (25)(A), and (50)(A),

3 respectively, of section 102 of the Older Americans Act of

4 1965’’.

5 (o) CRANSTON-GONZALEZ NATIONAL AFFORDABLE

6 HOUSING ACT.—

7 (1) Section 802(d)(2)(B)(i) of the Cranston-Gon8 zalez National Affordable Housing Act (42 U.S.C.

9 8011(d)(2)(B)(i)) is amended by striking ‘‘title III of

10 the Older Americans Act of 1965’’ and inserting ‘‘sub11 title C of title III of the Older Americans Act of

12 1965’’.

13 (2) Section 803(d)(12) of such Act (42 U.S.C.

14 8012(d)(12)) is amended by striking ‘‘under title III

15 of the Older Americans Act of 1965’’ and inserting ‘‘,

16 as defined in section 102 of the Older Americans Act

17 of 1965’’.

18 (p) ALZHEIMER’S DISEASE AND RELATED DEMENTIAS

19 RESEARCH ACT OF 1992.—

20 (1) Section 934(b)(4) of the Alzheimer’s Disease

21 and Related Dementias Research Act of 1992 (42

22 U.S.C. 11261(b)(4)) is amended by striking ‘‘State

23 and area agencies on aging designated under section

24 305(a) (1) and (2)(A) of the Older Americans Act of

25 1965 (42 U.S.C. 3025(a) (1) and (2)(A))’’ and insert-
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1 ing ‘‘State agencies, and area agencies on aging, as

2 defined in section 102 of the Older Americans Act of

3 1965’’.

4 (2) Section 962(d) of such Act (42 U.S.C.

5 11292(d)) is amended by striking ‘‘designated under

6 section 305(a)(1) of the Older Americans Act of 1965’’

7 and inserting ‘‘, as defined in section 102 of the Older

8 Americans Act of 1965’’.

9 SEC. 6. REFERENCES TO PRECEDING FISCAL YEAR.

10 Any reference in the Older Americans Act of 1965 to

11 ‘‘the preceding fiscal year’’ that applies with respect to

12 funds received to carry out a program, project, or activity

13 under such Act for a fiscal year shall be deemed to be a

14 reference to funds received to carry out the corresponding

15 program, project, or activity under such Act for the preced16 ing fiscal year.

17 SEC. 7. ISSUANCE OF RULES.

18 In addition to the rules issued under section 9(f), not

19 later than 180 days after the date of enactment of this Act,

20 the Secretary of Health and Human Services shall issue,

21 and publish in the Federal Register, proposed rules for the

22 administration of the Older Americans Act of 1965 (as

23 amended in section 4). After allowing a reasonable period

24 for public comment on such proposed rules, and not later
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1 than 90 days after such publication, the Secretary shall

2 issue final rules for the administration of such Act.

3 SEC. 8. APPLICATION OF AMENDMENTS.

4 (a) FISCAL YEAR 1996.—

5 (1) COMMUNITY SERVICE EMPLOYMENT.—The

6 amendment made by section 3 shall apply only with

7 respect to fiscal year 1996 and to funds appropriated

8 for such fiscal year to carry out title V of the Older

9 Americans Act of 1965 (42 U.S.C. 3056 et seq.).

10 (2) ENFORCEMENT.—The authority of the Sec11 retary of Labor to enforce compliance with the re12 quirements applicable to such title with respect to ac13 tions taken prior to the effective date of section 3,

14 shall not be affected by the amendment made by sec15 tion 3.

16 (b) FISCAL YEARS 1997–2001.—The amendment made

17 by section 4 shall not apply with respect to fiscal years be18 ginning before October 1, 1996.

19 SEC. 9. TRANSFER OF FUNCTIONS.

20 (a) DEFINITIONS.—For purposes of this section, unless

21 otherwise provided or indicated by the context—

22 (1) the term ‘‘Federal agency’’ has the meaning

23 given to the term ‘‘agency’’ by section 551(1) of title

24 5, United States Code;
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1 (2) the term ‘‘function’’ means any duty, obliga2 tion, power, authority, responsibility, right, privilege,

3 activity, or program; and

4 (3) the term ‘‘office’’ includes any office, admin5 istration, agency, institute, unit, organizational en6 tity, or component thereof.

7 (b) TRANSFER OF FUNCTIONS.—

8 (1) IN GENERAL.—There are transferred to the

9 Department of Health and Human Services all func10 tions that the Secretary of Labor exercised before the

11 effective date of this section (including all related

12 functions of any officer or employee of the Depart13 ment of Labor) that—

14 (A) relate to title V of the Older Americans

15 Act of 1965 (as in effect on the day before the ef16 fective date of this section); and

17 (B) that are minimally necessary to carry

18 out title V of such Act (as in effect on the day

19 after the effective date of this section).

20 (2) TERMINATION OF AUTHORITY.—Except as

21 otherwise specifically provided in this Act, the author22 ity of a transferred employee to carry out a function

23 that relates to title V of the Older Americans Act of

24 1965 (as in effect on the day before the effective date
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1 of this section) and is not transferred under this Act

2 shall terminate on the effective date of this section.

3 (c) DETERMINATIONS OF CERTAIN FUNCTIONS BY THE

4 OFFICE OF MANAGEMENT AND BUDGET.—If necessary, the

5 Office of Management and Budget shall make any deter6 mination of the functions that are transferred under sub7 section (b).

8 (d) DELEGATION AND ASSIGNMENT.—Except where

9 otherwise expressly prohibited by law or otherwise provided

10 by this section, the Secretary of Health and Human Serv11 ices may delegate any of the functions transferred to the

12 Department of Health and Human Services by this section

13 and any function transferred or granted to the Department

14 of Health and Human Services after the effective date of

15 this section to such officers and employees of the Depart16 ment of Health and Human Services as the Secretary of

17 Health and Human Services may designate, and may au18 thorize successive redelegations of such functions as may be

19 necessary or appropriate. No delegation of functions by the

20 Secretary of Health and Human Services under this sub21 section or under any other provision of this section shall

22 relieve such Secretary of Health and Human Services of

23 responsibility for the administration of such functions.

24 (e) REORGANIZATION.—The Secretary of Health and

25 Human Services may allocate or reallocate any function
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•S 1643 RS

1 transferred under subsection (b) among the officers of the

2 Department of Health and Human Services, and establish,

3 consolidate, alter, or discontinue such organizational enti4 ties in the Department of Health and Human Services as

5 may be necessary or appropriate.

6 (f) RULES.—Not later than 30 days after the date of

7 enactment of this Act, the Secretary of Health and Human

8 Services shall issue, and publish in the Federal Register,

9 proposed rules for the administration of title V of the Older

10 Americans Act of 1965 (as amended in section 3). After al11 lowing a reasonable period for public comment on such pro12 posed rules, and not later than July 1, 1996, the Secretary

13 shall issue final rules for the administration of such title.

14 (g) TRANSFER AND ALLOCATIONS OF APPROPRIATIONS

15 AND PERSONNEL.—

16 (1) IN GENERAL.—Except as otherwise provided

17 in this section, the personnel employed in connection

18 with, and the assets, liabilities, contracts, grants,

19 property, records, and unexpended balances of appro20 priations, authorizations, allocations, and other funds

21 employed, used, held, arising from, available to, or to

22 be made available in connection with the functions

23 transferred by this section, subject to section 1531 of

24 title 31, United States Code, shall be transferred to

25 the Department of Health and Human Services. Un-
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1 expended funds transferred pursuant to this sub2 section shall be used only to carry out the functions

3 of the Department of Health and Human Services

4 under title V of the Older Americans Act of 1965 (as

5 in effect on the day after the effective date of this sec6 tion).

7 (2) EXISTING FACILITIES AND OTHER FEDERAL

8 RESOURCES.—Pursuant to paragraph (1), the Sec9 retary of Health and Human Services shall supply

10 such office facilities, office supplies, support services,

11 and related expenses as may be minimally necessary

12 to carry out such functions. None of the funds made

13 available under this Act, or an amendment made by

14 this Act, may be used for the construction of office fa15 cilities.

16 (h) INCIDENTAL TRANSFERS.—The Director of the Of17 fice of Management and Budget, at such time or times as

18 the Director shall provide, may make such determinations

19 as may be necessary with regard to the functions transferred

20 by this section, and make such additional incidental dis21 positions of personnel, assets, liabilities, grants, contracts,

22 property, records, and unexpended balances of appropria23 tions, authorizations, allocations, and other funds held,

24 used, arising from, available to, or to be made available

25 in connection with such functions, as may be necessary to
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1 carry out this section. The Director of the Office of Manage2 ment and Budget shall provide for the termination of the

3 affairs of all entities terminated by this section and for such

4 further measures and dispositions as may be necessary to

5 effectuate the objectives of this section.

6 (i) EFFECT ON PERSONNEL.—

7 (1) TERMINATION OF CERTAIN POSITIONS.—Posi8 tions whose incumbents are appointed by the Presi9 dent, by and with the advice and consent of the Sen10 ate, the functions of which are transferred by this sec11 tion, shall terminate on the effective date of this sec12 tion.

13 (2) ACTIONS.—The Secretary of Health and

14 Human Services shall take such actions as may be

15 necessary, including reduction in force actions, con16 sistent with sections 3502 and 3595 of title 5, United

17 States Code, to ensure that the personnel whose posi18 tions relate to a function described in subsection

19 (b)(1)(A) and are not transferred under subsection (b)

20 are separated from service.

21 (j) SAVINGS PROVISIONS.—

22 (1) CONTINUING EFFECT OF LEGAL DOCU23 MENTS.—All orders, determinations, rules, regula24 tions, permits, agreements, grants, contracts, certifi-
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1 cates, licenses, registrations, privileges, and other ad2 ministrative actions—

3 (A) that have been issued, made, granted, or

4 allowed to become effective by the President, any

5 Federal agency or official of a Federal agency, or

6 by a court of competent jurisdiction, in the per7 formance of functions that are transferred under

8 this section; and

9 (B) that were in effect before the effective

10 date of this section, or were final before the effec11 tive date of this section and are to become effec12 tive on or after the effective date of this section;

13 shall continue in effect according to their terms until

14 modified, terminated, superseded, set aside, or revoked

15 in accordance with law by the President, the Sec16 retary of Health and Human Services or other au17 thorized official, a court of competent jurisdiction, or

18 by operation of law.

19 (2) PROCEEDINGS NOT AFFECTED.—

20 (A) IN GENERAL.—This section shall not af21 fect any proceedings, including notices of pro22 posed rulemaking, or any application for any li23 cense, permit, certificate, or financial assistance

24 pending before the Department of Labor on the
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1 effective date of this section, with respect to func2 tions transferred by this section.

3 (B) CONTINUATION.—Such proceedings and

4 applications shall be continued. Orders shall be

5 issued in such proceedings, appeals shall be

6 taken from the orders, and payments shall be

7 made pursuant to the orders, as if this section

8 had not been enacted, and orders issued in any

9 such proceedings shall continue in effect until

10 modified, terminated, superseded, or revoked by a

11 duly authorized official, by a court of competent

12 jurisdiction, or by operation of law.

13 (C) CONSTRUCTION.—Nothing in this para14 graph shall be construed to prohibit the dis15 continuance or modification of any such proceed16 ing under the same terms and conditions and to

17 the same extent that such proceeding could have

18 been discontinued or modified if this section had

19 not been enacted.

20 (3) SUITS NOT AFFECTED.—This section shall

21 not affect suits commenced before the effective date of

22 this section, and in all such suits, proceedings shall

23 be had, appeals taken, and judgments rendered in the

24 same manner and with the same effect as if this sec25 tion had not been enacted.
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1 (4) NONABATEMENT OF ACTIONS.—No suit, ac2 tion, or other proceeding commenced by or against the

3 Department of Labor, or by or against any individ4 ual in the official capacity of such individual as an

5 officer of the Department of Labor, shall abate by rea6 son of the enactment of this section.

7 (5) ADMINISTRATIVE ACTIONS RELATING TO PRO8 MULGATION OF REGULATIONS.—Any administrative

9 action relating to the preparation or promulgation of

10 a regulation by the Department of Labor relating to

11 a function transferred under this section may be con12 tinued by the Department of Health and Human

13 Services with the same effect as if this section had not

14 been enacted.

15 (k) TRANSITION.—The Secretary of Health and

16 Human Services may utilize—

17 (1) the services of officers, employees, and other

18 personnel of the Department of Labor with respect to

19 functions transferred to the Department of Health

20 and Human Services by this section; and

21 (2) funds appropriated to such functions;

22 for such period of time as may reasonably be needed to fa23 cilitate the orderly implementation of this section.
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1 (l) REFERENCES.—A reference in any other Federal

2 law, Executive order, rule, regulation, or delegation of au3 thority, or any document of or relating to—

4 (1) the Secretary of Labor with regard to func5 tions transferred under subsection (b), shall be deemed

6 to refer to the Secretary of Health and Human Serv7 ices; and

8 (2) the Department of Labor with regard to

9 functions transferred under subsection (b), shall be

10 deemed to refer to the Department of Health and

11 Human Services.

12 (m) ADDITIONAL CONFORMING AMENDMENTS.—

13 (1) RECOMMENDED LEGISLATION.—After con14 sultation with the appropriate committees of Congress

15 and the Director of the Office of Management and

16 Budget, the Secretary of Health and Human Services

17 shall prepare and submit to Congress recommended

18 legislation containing technical and conforming

19 amendments to reflect the changes made by this sec20 tion.

21 (2) SUBMISSION TO CONGRESS.—Not later than

22 90 days after the date of enactment of this Act, the

23 Secretary of Health and Human Services shall sub24 mit the recommended legislation referred to in para25 graph (1).
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1 SEC. 10. EFFECTIVE DATES.

2 (a) GENERAL EFFECTIVE DATE.—Except as provided

3 in subsection (b), this Act and the amendments made by

4 this Act shall take effect on the date of enactment of this

5 Act.

6 (b) SPECIAL EFFECTIVE DATES.—

7 (1) COMMUNITY SERVICE EMPLOYMENT.—Section

8 9 (other than subsections (f) and (m) of such section),

9 and the amendment made by section 3, shall take ef10 fect on July 1, 1996.

11 (2) OTHER PROGRAMS.—The amendments made

12 by sections 4 and 5 shall take effect on October 1,

13 1996.