declared surplus to the needs of the Federal Government in
accordance with laws applicable to surplus property.
‘‘SEC. 120. BENEFIT TREATMENT UNDER OTHER LAWS.
‘‘No benefit (excluding wages and cash allowances that
are not reimbursements) received under a program, project,
or activity carried out under this Act shall be treated under
any Federal, State, or local law as income or resources of
an eligible individual participating in such program,
project, or activity.
‘‘SEC. 121. AUTHORIZATION OF APPROPRIATIONS.
‘‘(a) IN GENERAL.— For the expenses (including sala-
ries) of the Administration on Aging to carry out this Act
(other than subsections (c), (d), (e), and (f) of section 114),
there are authorized to be appropriated $15,100,000 for fis-
cal year 2000 and such sums as may be necessary for fiscal
years 2001, 2002, 2003, 2004.
‘‘(b) RESEARCH, TRAINING, AND DEMONSTRATION.—
(1) There are authorized to be appropriated to carry out
subsections (c), (d), (e), and (f) of section 114, $18,400,000
for fiscal year 2000 and such sums as may be necessary
for fiscal years 2001, 2002, 2003, and 2004.
‘‘(2) Of the amount appropriated under paragraph (1)
for each fiscal year—
‘‘(A) not more than $1,000,000 shall be available
to carry out section 112(12), and
‘‘(B) subject to paragraph (3)—
‘‘(i) not less than $540,000 shall be avail-
able to make grants under section 114(d) to His-
panic Centers of Excellence in Applied Geron-
tology, and
‘‘(ii) not less than $1,200,000 shall be avail-
able to make grants under section 114(d) to his-
torically Black colleges or universities,
‘‘(C) not less than $1,000,000 shall be avail-
able to carry out section 114(e), and
‘‘(D) not less than $1,500,000 shall be avail-
able to carry out section 114(f).
‘‘(3) If the amount appropriated under paragraph (1)
for any fiscal year is less than the aggregate of the amounts
specified in subparagraphs (B), (C), and (D) of paragraph
(2), each of such amounts shall be reduced pro rata as nec-
essary to cause such aggregate to equal such amount.
‘‘TITLE II—GRANTS FOR NATIVE
AMERICAN 
PROGRAMS 
ON
AGING
‘‘SEC. 201. GRANTS FOR SERVICES TO NATIVE AMERICANS.
‘‘(a) AUTHORITY TO MAKE GRANTS.—The Assistant
Secretary may make grants to eligible organizations to pay
all of the costs for delivery of supportive services and nutri-
tion services for older individuals who are Native Ameri-
cans.
‘‘(b) ELIGIBILITY OF ORGANIZATIONS.—An organiza-
tion is eligible to receive a grant under this title (excluding
section 204) only if the organization is—
‘‘(1) a tribal organization that—
‘‘(A) represents at least 50 older individ-
uals, and
‘‘(B) demonstrates the ability to deliver sup-
portive services and nutritional services,
‘‘(2) an Alaska Native organization that—
‘‘(A) represents at least 50 older individ-
uals, and
‘‘(B) demonstrates the ability to deliver sup-
portive services and nutritional services, or
‘‘(3) a public or nonprofit private organization
that—
‘‘(A) will serve at least 50 older individuals
who are Native Hawaiians, and
‘‘(B) demonstrates the ability to deliver sup-
portive services and nutrition services.
‘‘SEC. 202. APPLICATIONS FOR GRANTS.
‘‘(a) REQUIREMENT.—A grant may not be made under
this title (excluding section 204) unless an eligible organiza-
tion submits an application to the Assistant Secretary that
meets such criteria as the Assistant Secretary may establish
by rule. Each such application shall—
‘‘(1) provide that such organization shall evalu-
ate the need for supportive and nutrition services
among older individuals who are—
‘‘(A) Indians represented by such organiza-
tion if such organization is a tribal organiza-
tion,
‘‘(B) Alaska Natives represented by such or-
ganization if such organization is an Alaska Na-
tive organization, or
‘‘(C) Native Hawaiians to be served by such
organization,
‘‘(2) provide for the use of such methods of ad-
ministration as are necessary for the proper and effi-
cient administration of the project to be carried out
with such grant,
‘‘(3) provide an assurance that such organization
will make such reports in such form and containing
such information, as the Assistant Secretary may rea-
sonably require, and comply with such requirements
as the Assistant Secretary may impose to ensure the
correctness of such reports,
‘‘(4) provide for periodic evaluation of the
project to be carried out with such grant,
‘‘(5) establish objectives toward which such
project will be directed, identify obstacles to the at-
tainment of such objectives, and indicate the manner
in which such organization proposes to overcome such
obstacles,
‘‘(6) provide for establishing and maintaining
information and assistance services to ensure that
older individuals who are served by such project will
have reasonably convenient access to the services and
activities provided by such project,
‘‘(7) provide that a preference for older individ-
uals who are Native Americans for full- or part-time
staff positions will be given whenever feasible,
‘‘(8) provide an assurance that, either directly or
by way of grant or contract with appropriate entities,
nutrition services will be delivered to older individ-
uals who are—
‘‘(A) Indians represented by such organiza-
tion if such organization is a tribal organiza-
tion,
‘‘(B) Alaska Natives represented by such or-
ganization if such organization is an Alaska Na-
tive organization, or
‘‘(C) Native Hawaiians to be served by such
organization,
and will substantially comply with chapter 2 of sub-
title A of title III, except that in any case in which
the need of such individuals for nutritional services is
already met from other sources, such organization
may expend for supportive services the funds other-
wise required to be expended under this paragraph,
‘‘(9) provide that any legal services or ombuds-
man services made available to older individuals who
are—
‘‘(A) Indians represented by such organiza-
tion if such organization is a tribal organiza-
tion,
‘‘(B) Alaska Natives represented by such or-
ganization if such organization is an Alaska Na-
tive organization, or
‘‘(C) Native Hawaiians to be served by such
organization,
will be in substantial compliance with the provisions
of subtitle A of title III relating to the furnishing of
similar services,
‘‘(10) contain satisfactory assurances that fiscal
control and fund accounting procedures will be adopt-
ed as may be necessary to ensure proper disbursement
of, and accounting for, Federal funds paid under this
title to such organization, including any funds paid
by such organization to a recipient of a grant or con-
tract,
‘‘(11) contain assurances that such organization
will coordinate services provided under this title with
services provided under subtitle A of title III in the
same geographical area, and
‘‘(12) if the organization elects to solicit vol-
untary contributions from older individuals, provide
that such organization will ensure that such contribu-
tions will be—
‘‘(A) based on the ability of the older indi-
viduals to make such contributions, and
‘‘(B) used to increase, or to expand access
to, services provided under this title.
‘‘(b) POPULATION STATISTICS.—For the purpose of
any application submitted under subsection (a), an eligible
organization may develop its own population statistics,
with a certification from the Bureau of Indian Affairs, in
order to establish eligibility to receive a grant under this
title.
‘‘(c) APPROVAL OF APPLICATION.—The Assistant Sec-
retary shall approve any application that complies with
subsection (a).
‘‘(d) APPLICATION NOT APPROVED.—Whenever the As-
sistant Secretary determines not to approve an application
submitted under subsection (a) the Assistant Secretary
shall—
‘‘(1) state objections in writing to the organiza-
tion within 60 days after such determination,
‘‘(2) provide, to the extent practicable, technical
assistance to the organization to overcome such stated
objections, and
‘‘(3) provide the organization with a hearing,
under such rules as the Assistant Secretary may
issue.
‘‘(e) PERIOD FUNDED.—Whenever the Assistant Sec-
retary approves an application of an organization under
subsection (a), a grant shall be made for a period of not
less than 12 months.
‘‘SEC. 203. DISTRIBUTION OF FUNDS AMONG TRIBAL ORGA-
NIZATIONS, ALASKA NATIVE ORGANIZATIONS,
AND ORGANIZATIONS SERVING NATIVE HA-
WAIIANS.
‘‘(a) MAINTENANCE OF 1991 AMOUNTS.—Subject to the
availability of appropriations to carry out this title, the
amount of the grant (if any) made under this title to a
tribal organization, an Alaska Native organization, or an
organization serving Native Hawaiians for fiscal year 2000
and for each subsequent fiscal year shall be not less than
the amount of the grant made under title VI of the Older
Americans Act of 1965 to the tribal organization, the Alas-
ka Native organization, or the organization serving Native
Hawaiians for fiscal year 1991.
‘‘(b) 
USE
OF
ADDITIONAL
AMOUNTS
APPRO-
PRIATED.—If the amount appropriated to carry out this
title in a fiscal year subsequent to fiscal year 2000 exceeds
the amount appropriated to carry out title VI of the Older
Americans Act of 1965 in fiscal year 1991, then the amount
of the grant (if any) made under this title to a tribal orga-
nization, an Alaska Native organization, or an organiza-
tion serving Native Hawaiians for such subsequent fiscal
year shall be—
‘‘(1) increased by such amount as the Assistant
Secretary considers to be appropriate, in addition to
the amount of any increase required by subsection
(a), so that the grant equals or more closely ap-
proaches the amount of the grant made under title VI
of the Older Americans Act of 1965 to the tribal orga-
nization or the Alaska Native organization for fiscal
year 1980, or to the organization serving Native Ha-
waiians for fiscal year 1995, or
‘‘(2) an amount the Assistant Secretary con-
siders to be sufficient if the tribal organization, the
Alaska Native organization, or the organization serv-
ing Native Hawaiians did not receive a grant under
title VI of the Older Americans Act of 1965 for either
fiscal year 1980 or fiscal year 1991.
‘‘SEC. 204. SURPLUS EDUCATIONAL FACILITIES.
‘‘(a) REQUIREMENT.—Notwithstanding any other pro-
vision of law, the Secretary of the Interior—
‘‘(1) acting through the Bureau of Indian Af-
fairs, shall make available surplus Indian educational
facilities and surplus Alaska Native educational fa-
cilities to tribal organizations and Alaska Native or-
ganizations, and to nonprofit organizations with the
approval of the Indian tribe or Alaska Native organi-
zation involved, and
‘‘(2) shall make available to organizations de-
scribed in section 201(b)(3) any other surplus edu-
cational facilities located in the State of Hawaii that
are under the control of the Secretary of the Interior,
for use as multipurpose senior centers. Such centers may
be altered so as to provide extended care facilities, commu-
nity center facilities, nutrition services, adult day care serv-
ices, child care services, and other supportive services.
‘‘(b) APPLICATION.—To request to receive surplus edu-
cational facilities made available under subsection (a), a
tribal organization, an Alaska Native organization, or an
organization described in section 201(b)(3) shall submit an
application to the Secretary of the Interior at such time
and in such manner, and containing such information, as
the Secretary of the Interior determines to be necessary to
carry out this section.
‘‘SEC. 205. ADMINISTRATION.
‘‘For the purpose of issuing rules to carry out this title,
the Assistant Secretary shall consult with the Secretary of
the Interior.
‘‘SEC. 206. PAYMENTS.
‘‘Payments may be made under this title (after nec-
essary adjustments on account of previously made overpay-
ments or underpayments) in advance or by way of reim-
bursement in such installments and on such conditions as
the Assistant Secretary may determine.
‘‘SEC. 207. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated to carry out
this title $18,800,000 for fiscal year 2000 and such sums
as may be necessary for fiscal years 2001, 2002, 2003, and
2004.
‘‘TITLE III—GRANTS FOR STATE
AND COMMUNITY PROGRAMS
ON AGING
‘‘Subtitle A—Grants for Programs
on Aging
‘‘CHAPTER 1—GENERAL PROVISIONS
‘‘SEC. 301. TECHNICAL ASSISTANCE AND COOPERATION.
‘‘In carrying out this title, the Assistant Secretary
may request the technical assistance and cooperation of
such other Federal agencies as the Assistant Secretary con-
siders to be appropriate.
‘‘SEC. 302. ALLOTMENTS; FEDERAL SHARE.
‘‘(a) ALLOTMENT OF FUNDS FOR SUPPORTIVE SERV-
ICES, MULTIPURPOSE SENIOR CENTERS, AND NUTRITION
SERVICES.—
‘‘(1) RESERVATION OF FUNDS.—(A) Subject to
subparagraphs (B), (C), and (D), the amounts appro-
priated under subsections (a), (b), and (c) of section
391 for fiscal years 2000 through 2004 shall be allot-
ted by the Assistant Secretary among the States pro-
portionately based on the population of individuals
60 years of age or older in the States.
‘‘(B) Subject to subparagraph (C), the amounts
allotted under subparagraph (A) shall be reduced pro-
portionately to the extent necessary to increase other
allotments under such subparagraph (A) to achieve
the following:
‘‘(i) Each State shall be allotted 1⁄2 of 1 per-
cent of the amount appropriated for the fiscal
year for which the determination is made.
‘‘(ii) Guam and the Virgin Islands of the
United States shall each be allotted 1⁄4 of 1 per-
cent of the amount appropriated for the fiscal
year for which the determination is made.
‘‘(iii) American Samoa and the Common-
wealth of the Northern Mariana Islands shall
each be allotted 1⁄16 of 1 percent of the amount
appropriated for the fiscal year for which the de-
termination is made.
‘‘(C) For each fiscal year each State shall be al-
lotted an amount that is not less than the amount al-
lotted to such State under section 304(a)(1) of the
Older Americans Act of 1965 for fiscal year 1987.
‘‘(D) For the purposes of subparagraphs (B)(i)
and (C), the term ‘State’ does not include Guam,
American Samoa, the Virgin Islands of the United
States, and the Commonwealth of the Northern Mar-
iana Islands.
‘‘(E) The number of individuals 60 years of age
or older in any State and in all States shall be deter-
mined by the Assistant Secretary on the basis of the
most recent data available from the Bureau of the
Census and other reliable demographic data satisfac-
tory to the Assistant Secretary.
‘‘(2) WITHHOLDING OF FUNDS.—(A) If the As-
sistant Secretary finds that a State fails to qualify
under the State plan requirements of section 304, the
Assistant Secretary shall withhold from the State
funds allotted under paragraph (1) for the fiscal year
for which such plan is submitted.
‘‘(B) The Assistant Secretary shall disburse the
funds so withheld directly to any public or nonprofit
private institution or organization, agency, or polit-
ical subdivision of the State submitting an approved
plan under section 304, that includes an agreement
that any such funds so disbursed shall be matched in
cash or in kind, from non-Federal sources, to pay the
remainder of the cost of carrying out chapters 2 and
3 as described in paragraph (3)(A), but not less than
15 percent of such cost.
‘‘(3) FEDERAL SHARE.—(A) Funds received by a
State from allotments made under this subsection for
a fiscal year may be used to pay not more than 85
percent of the cost of carrying out chapters 2 and 3.
‘‘(B) The non-Federal share of such cost shall be
contributed in cash or in kind. In determining the
amount of the non-Federal share, the Assistant Sec-
retary may attribute fair market value to services
and facilities contributed from non-Federal sources.
‘‘(b) ALLOTMENT OF ADDITIONAL FUNDS FOR STATE
LONG-TERM CARE OMBUDSMAN PROGRAMS AND FOR SERV-
ICES FOR THE PREVENTION AND REMEDIATION OF ELDER
ABUSE, NEGLECT, AND EXPLOITATION.—
‘‘(1) 
POPULATION.—Amounts 
appropriated
under section 493 for a fiscal year shall be allotted by
the Assistant Secretary initially among the States
proportionately based on the population of individ-
uals 60 years of age or older in the States.
‘‘(2) MINIMUM ALLOTMENTS.—
(A) IN GENERAL.—After making the initial
allotments described in paragraph (1), the As-
sistant Secretary shall adjust the allotments on
a pro rata basis in accordance with subpara-
graphs (B) and (C).
‘‘(B) GENERAL MINIMUM ALLOTMENTS.—
‘‘(i) 
MINIMUM
ALLOTMENT
FOR
STATES.—Each State shall be allotted not
less than 1⁄2 of 1 percent of the funds appro-
priated under section 493 for the fiscal year
for which the determination is made.
‘‘(ii) OTHER MINIMUM ALLOTMENTS.—
Guam and the Virgin Islands of the United
States shall each be allotted not less than 1⁄4
of 1 percent of the funds appropriated
under section 493 for the fiscal year for
which the determination is made. American
Samoa and the Commonwealth of the
Northern Mariana Islands shall each be al-
lotted not less than 1⁄16 of 1 percent of the
amount appropriated under section 493 for
the fiscal year for which the determination
is made.
‘‘(C) MINIMUM ALLOTMENTS FOR OMBUDS-
MAN PROGRAMS AND SERVICES FOR THE PRE-
VENTION OF ELDER ABUSE, NEGLECT, AND EX-
PLOITATION.—From funds appropriated under
section 493, each State shall be allotted not less
than the amount allotted to such State for fiscal
year 1991 under section 304 of the Older Ameri-
cans Act of 1965 to carry out State long-term
care ombudsman programs and programs with
respect to the prevention of elder abuse, neglect,
and exploitation, under title III of such Act.
‘‘(D) DEFINITION.—For the purposes of this
paragraph, the term ‘State’ does not include
Guam, American Samoa, the Virgin Islands of
the United States, and the Commonwealth of the
Northern Mariana Islands.
‘‘(c) ALLOTMENT OF FUNDS FOR FAMILY CAREGIVER
SERVICES.—
‘‘(1)(A) Subject to paragraph (2), amounts ap-
propriated under section 391(d) for fiscal years 2000
through 2004 shall be allotted by the Assistant Sec-
retary among the States proportionately based on the
population of individuals 70 years of age or older in
the States.
‘‘(B) The number of individuals 70 years of age
or older in any State and in all States shall be deter-
mined by the Assistant Secretary on the basis of the
most recent data available from the Bureau of the
Census and other reliable demographic data satisfac-
tory to the Assistant Secretary.
‘‘(2) MINIMUM ALLOTMENTS.—
‘‘(A) The amounts allotted under paragraph
(1) shall be reduced proportionately to the extent
necessary to increase other allotments under such
paragraph to achieve the amounts described in
subparagraph (B).
‘‘(B)(i) Each State shall be allotted 1⁄2 of 1
percent of the amount appropriated for the fiscal
year for which the determination is made.
‘‘(ii) Guam and the Virgin Islands of the
United States shall each be allotted 1⁄4 of 1 per-
cent of the amount appropriated for the fiscal
year for which the determination is made.
‘‘(iii) American Samoa and the Common-
wealth of the Northern Mariana Islands shall
each be allotted 1⁄16 of 1 percent of the amount
appropriated for the fiscal year for which the de-
termination is made.
‘‘(C) For the purposes of subparagraph (B)(i),
the term ‘State’ does not include Guam, American
Samoa, the Virgin Islands of the United States, and
the Commonwealth of the Northern Mariana Islands.
‘‘(d) PERMITTED USE OF ALLOTMENTS.—
‘‘(1) ADMINISTRATION
OF
STATE
PLANS.—(A)
Except as provided in subparagraph (B), 5 percent of
the allotment made to a State under subsection (a) or
$500,000, whichever is greater, shall be available to
the State to use in accordance with section 306(a).
‘‘(B) In the case of an allotment made under
subsection (a) to Guam, American Samoa, the Virgin
Islands of the United States, and the Commonwealth
of the Northern Mariana Islands, 5 percent of such al-
lotment or $100,000, whichever is greater, shall be
available to each to use in accordance with section
306(a).
‘‘(2) APPLICATION TO USE ADDITIONAL FUNDS.—
(A) If the Assistant Secretary determines, based upon
a particularized showing of need that—
‘‘(i) the State will be unable to fully and ef-
fectively administer its State plan and to carry
out programs, projects, and activities authorized
by chapters 2 and 3 unless additional funds are
made available by the Assistant Secretary,
‘‘(ii) the State is making full and effective
use of its allotment under paragraph (1) and of
the personnel of the State agency and area agen-
cies designated under section 303(a)(2)(A) in the
administration of its State plan in accordance
with section 306(a), and
‘‘(iii) the State agency and area agencies on
aging are carrying out, on a full-time basis, pro-
grams, projects, and activities that are in fur-
therance of the purpose of chapters 2 and 3,
then the Assistant Secretary may approve an applica-
tion submitted by the State to request permission to
use in accordance with section 306(a) a greater per-
centage of its allotment under subsection (a).
‘‘(B) Subject to subparagraph (C), the Assistant
Secretary may approve any part of the greater per-
centage requested in such application that the Assist-
ant Secretary determines is justified in such applica-
tion.
‘‘(C) The aggregate amount available under this
subsection to a particular State in any fiscal year
may not exceed 3⁄4 of 1 percent of the allotment made
under subsection (a) for such fiscal year.
‘‘(D) An application submitted under subpara-
graph (A) by a State may not be approved unless it
contains assurances that no funds received by the
State under this subsection will be used to hire any
individual to fill a job opening created by the action
of the State in laying off or terminating the employ-
ment of any regular employee not supported under
this Act in anticipation of filling the vacancy so cre-
ated by hiring an employee to be supported through
use of amounts received under this subsection.
‘‘(3) ADDITIONAL USES.—Of the allotment made
under subsection (a) to a State for a fiscal year and
remaining after the application of paragraph (1),
such part as the State agency determines, but not
more than 10 percent of such remaining amount, may
be used to pay such percentage as the State agency
determines, but not more than 75 percent, of the ad-
ministrative costs incurred to carry out area plans
submitted in accordance with section 305.
‘‘SEC. 303. ELIGIBILITY OF STATES; ORGANIZATION.
‘‘(a) ELIGIBILITY OF STATES.—For a State to be eligi-
ble to receive funds allotted under section 302(a)—
‘‘(1) the State shall, in accordance with rules
issued by the Secretary, designate a State agency as
the sole State agency to—
‘‘(A) develop a State plan to be submitted
to the Assistant Secretary for approval under
section 304,
‘‘(B) administer the State plan within the
State,
‘‘(C) be responsible for the planning, policy
development, administration, coordination, pri-
ority setting, and evaluation of all State activi-
ties related to carrying out chapters 2 and 3,
‘‘(D) serve as an effective and visible advo-
cate for older individuals by reviewing and com-
menting on all State plans, budgets, and policies
that affect older individuals, and to provide tech-
nical assistance to any agency, organization, or
association representing the needs of older indi-
viduals, and
‘‘(E) except as provided in subsection (d),
divide the State into distinct planning and serv-
ice areas or designate the entire State as a single
planning and service area,
‘‘(2) the State agency shall—
‘‘(A) designate an area agency on aging for
each planning and service area,
‘‘(B) take into account in the development
and administration of the State plan for any fis-
cal year the views of—
‘‘(i) recipients of supportive services,
nutrition services, or community service
employment, or
‘‘(ii) individuals using multipurpose
senior centers,
as the case may be, provided under such plan,
‘‘(C) after consultation with area agencies
and using the best available data, develop and
publish for review and comment a formula for
distribution within the State of funds received
under chapters 2 and 3 that takes into
account—
‘‘(i) the geographical distribution (in-
cluding distribution in rural areas) of older
individuals in the State, and
‘‘(ii) the distribution among planning
and service areas of older individuals with
greatest economic need and older individ-
uals with greatest social need, with par-
ticular attention to low-income minority
older individuals and to older individuals
residing in rural areas, and
‘‘(D) provide an assurance that preference
will be given to providing services to older indi-
viduals with greatest economic need and older
individuals with greatest social need, with par-
ticular attention to low-income minority older
individuals and to older individuals residing in
rural areas, and include in the State plan a de-
scription of the methods the State will use to
carry out such preference.
‘‘(b) DESIGNATION OF AREA AGENCIES ON AGING.—
(1) An area agency on aging designated under subsection
(a) shall be—
‘‘(A) an established office of aging,
‘‘(B) any office or agency of a unit of general
purpose local government, that is designated to func-
tion only for the purpose of serving as an area agency
on aging by the chief elected official of such unit,
‘‘(C) any office or agency designated by the ap-
propriate chief elected officials of any combination of
units of general purpose local government to act only
on behalf of such combination for such purpose,
‘‘(D) any public or nonprofit private agency in
a planning and service area, or any separate organi-
zational unit within such agency, that is under the
supervision or direction for this purpose of the des-
ignated State agency and that can and will engage
only in the planning or provision of a broad range
of supportive services, or nutrition services within the
planning and service area, or
‘‘(E) in the case of a State designated under sub-
section (a)(1)(E) as a single planning and service
area, the State agency,
and shall provide assurance, determined adequate by the
State agency, that the area agency on aging will have the
ability to develop an area plan and to carry out, directly
or through contractual or other arrangements, a program
in accordance with the plan within the planning and serv-
ice area.
‘‘(2) In designating an area agency on aging within
the planning and service area or within any unit of general
purpose local government designated as a planning and
service area, the State shall give preference to an established
office on aging, unless the State agency finds that no such
office within the planning and service area will have the
capacity to carry out the area plan.
‘‘(c) DUE PROCESS.—
‘‘(1) 
ESTABLISHMENT
OF
PROCEDURES.—A
State agency shall establish, after consultation with
area agencies on aging, procedures to provide due
process to affected parties, if the State agency initi-
ates an action or proceeding to change the designation
of any designated planning and service area or of
any designated area agency on aging.
‘‘(2) REQUIREMENTS.—Such procedures shall
include—
‘‘(A) providing notice of an action or pro-
ceeding described in paragraph (1),
‘‘(B) documenting the need for the action or
proceeding,
‘‘(C) conducting a public hearing for the ac-
tion or proceeding,
‘‘(D) involving area agencies on aging, serv-
ice providers, and older individuals in the action
or proceeding, and
‘‘(E) allowing an appeal of the decision of
the State agency in the action or proceeding to
the Assistant Secretary.
‘‘(d) GRANDFATHER PROVISION.—A State that on or
before October 1, 1980, had designated, with the approval
of the Commissioner on Aging, a single planning and serv-
ice area covering all of the older individuals in the State,
in which the State agency was administering the area plan,
may after that date designate one or more additional plan-
ning and service areas within the State to be administered
by public or nonprofit private agencies or organizations as
area agencies on aging. The State agency shall continue to
perform the functions of an area agency on aging for any
area of the State not included in a planning and service
area for which an area agency on aging has been des-
ignated.
‘‘SEC. 304. STATE PLANS.
‘‘(a) PLAN.—To be eligible for grants from its allot-
ment under section 302(a) for any fiscal year, each State
shall submit to the Assistant Secretary a State plan for a
2-, 3-, or 4-year period determined by the State agency,
with such annual revisions as are necessary. Each such
plan shall comply with all of the following requirements:
‘‘(1) UNIFORM AREA PLAN FORMAT.—The plan
shall be based upon area plans developed by area
agencies on aging within the State designated under
section 303(a)(2)(A), and the State will prepare and
distribute a uniform format to be used by area agen-
cies on aging to submit to the State agency the area
plans developed under section 305.
‘‘(2) APPROVAL OF AREA PLAN.—The plan shall
provide that each area agency on aging designated
under section 303(a)(2)(A) will develop and submit to
the State agency for approval an area plan that com-
plies with section 305.
‘‘(3) EVALUATION
OF
NEED.—The plan shall
provide that the State agency will evaluate the need
for supportive services, nutrition services (taking into
consideration the comparative need for home-delivered
nutrition services and for congregate nutrition serv-
ices), multipurpose senior centers, and community
service employment within the State in serving eligi-
ble populations (including older individuals with
greatest economic need and older individuals with
greatest social need, with particular attention to low-
income minority older individuals and to older indi-
viduals residing in rural areas) and will determine
the extent to which existing public or private pro-
grams meet such need. To conduct the evaluation, the
State agency shall use the procedures implemented
under section 112(10).
‘‘(4) HEARINGS.—The plan shall provide that
the State agency will establish a grievance procedure
that will afford an opportunity for a hearing upon
request to any area agency on aging submitting a
plan under section 305, to any provider of a service
under such a plan, or to any applicant to provide
a service under such a plan. The State agency shall
establish and publish the procedures for requesting
and conducting such hearing.
‘‘(5) FISCAL CONTROL AND FUND ACCOUNTING;
CONFLICTS OF INTEREST.—(A) The plan shall provide
satisfactory assurance that such fiscal control and
fund accounting procedures will be adopted as may be
necessary to assure proper disbursement of, and ac-
counting for, funds received from allotments made
under section 302(a) to the State, including any such
funds paid to the recipients of a grant or contract.
‘‘(B) The plan shall provide assurances that—
‘‘(i) no individual (appointed or otherwise)
involved in the designation of the State agency
or an area agency on aging, or in the designa-
tion of the head of any subdivision of the State
agency or of an area agency on aging, is subject
to a conflict of interest prohibited under this sub-
title,
‘‘(ii) no officer, employee, or other rep-
resentative of the State agency or an area agency
on aging is subject to a conflict of interest pro-
hibited under this subtitle, and
‘‘(iii) mechanisms are in place to identify
and remove conflicts of interest prohibited under
this subtitle.
‘‘(C) The plan shall provide assurances that the
State agency and each area agency on aging will—
‘‘(i) maintain the integrity and public pur-
pose of services provided, and service providers,
under the State plan in all contractual and com-
mercial relationships, and
‘‘(ii) demonstrate that the quantity or qual-
ity of the services to be provided under the State
plan will be enhanced as a result of such con-
tract or such relationship,
‘‘(6) INFORMATION AND ASSISTANCE SERVICES.—
The plan shall provide for establishing and maintain-
ing information and assistance services in sufficient
numbers to ensure, to the maximum extent prac-
ticable, that all older individuals in the State who are
not furnished adequate information and assistance
services under section 305(a)(3) will have reasonably
convenient access to such services.
‘‘(7) LIMITATIONS.—(A) The plan shall provide
that no supportive services, nutrition services, or in-
home services will be directly provided by the State
agency or an area agency on aging, except when, in
the judgment of the State agency—
‘‘(i) provision of such services by the State
agency or an area agency on aging is necessary
to ensure an adequate supply of such services,
‘‘(ii) such services are directly related to the
administrative functions of the State agency or
area agency on aging, or
‘‘(iii) such services of comparable quality
can be provided more economically by the State
agency or area agency on aging.
‘‘(B) Subparagraph (A) shall not apply with re-
spect to information and assistance services or to out-
reach.
‘‘(C) Subparagraph (A) shall not apply with re-
spect to case management services provided by an
area agency on aging.
‘‘(8) STATE LONG-TERM CARE OMBUDSMAN PRO-
GRAM.—Subject to subsection (g), the plan shall pro-
vide assurances that the State agency will carry out
a State long-term care ombudsman program in ac-
cordance with subtitles B and D of title IV.
‘‘(9) LEGAL ASSISTANCE.—The plan shall con-
tain assurances that with respect to legal assistance—
‘‘(A) that area agencies on aging—
‘‘(i) will enter into contracts with pro-
viders of legal assistance that can dem-
onstrate the experience or capacity to de-
liver legal assistance,
‘‘(ii) will attempt to involve the pri-
vate bar in legal assistance activities au-
thorized under this chapter, including
groups within the private bar furnishing
services to older individuals on a pro bono
and reduced fee basis, and
‘‘(iii) may provide, through the use of
qualified personnel, legal assistance related
to income, health care, long-term care, nu-
trition, housing, utilities, protective services,
guardianship, abuse neglect, and age dis-
crimination,
‘‘(B) the State agency will provide for the
coordination of the furnishing of legal assistance
to older individuals in the State, will provide
advice and technical assistance in the provision
of legal assistance to older individuals in the
State, and will support the furnishing of train-
ing and technical assistance for legal assistance
for older individuals, and
‘‘(C) to the extent practicable, that legal as-
sistance furnished under the plan will be in ad-
dition to any legal assistance for older individ-
uals being furnished with funds from sources
other than this Act and that reasonable efforts
will be made to maintain existing levels of legal
assistance for older individuals.
‘‘(10) PREVENTION AND REMEDIATION OF ELDER
ABUSE, NEGLECT, AND
EXPLOITATION.—Subject to
subsection (g), and if the State elects to provide for
a fiscal year for services for the prevention and reme-
diation of elder abuse, neglect, and exploitation, the
plan shall contain assurances that such services will
be provided in accordance with subtitles C and D of
title IV.
‘‘(11) OUTREACH.—The plan shall provide as-
surances that the State agency will require outreach
efforts that will—
‘‘(A) identify individuals eligible for assist-
ance under chapters 2 and 3, with special em-
phasis on—
‘‘(i) older individuals residing in rural
areas,
‘‘(ii) older individuals with greatest
economic need (with particular attention to
low-income minority older individuals) and
older individuals with greatest social need
(with particular attention to low-income
minority older individuals),
‘‘(iii) older individuals with severe dis-
abilities,
‘‘(iv) older individuals with limited
English-speaking ability, and
‘‘(v) older individuals with Alzheimer’s
disease or related disorders with neuro-
logical and organic brain dysfunction (and
the caregivers of such individuals), and
‘‘(B) inform the older individuals referred
to in clauses (i) through (v) of subparagraph
(A), and the caregivers of such individuals, of the
availability of such assistance.
‘‘(12) 
OLDER
INDIVIDUALS
WITH
DISABIL-
ITIES.—The plan shall provide, with respect to the
needs of older individuals with disabilities, assurances
that the State agency will coordinate planning, iden-
tification, assessment of needs, and services for older
individuals with disabilities (with particular atten-
tion to individuals with severe disabilities) with the
State agencies with responsibility for individuals
with disabilities (including severe disabilities).
‘‘(13) 
COORDINATION
OF
COMMUNITY-BASED
LONG-TERM CARE SERVICES.—The plan shall provide
assurances that area agencies on aging will conduct
efforts to facilitate the coordination of community-
based long-term care services, pursuant to section
305(a)(5)(G), for older individuals who—
‘‘(A) reside at home and are at risk of insti-
tutionalization because of limitations on their
ability to function independently,
‘‘(B) are patients in hospitals and are at
risk of prolonged institutionalization, or
‘‘(C) are patients in long-term care facili-
ties, but who can return to their homes if com-
munity-based services are provided to them.
‘‘(14) PROHIBITION ON MISUSE OF FUNDS.—The
plan shall provide assurances that funds received
from allotments under section 302(a) will not be used
to pay any part of a cost (including an administra-
tive cost) incurred by the State or an area agency on
aging to carry out a contract or commercial relation-
ship that is not related to implementation of chapter
2 or 3.
‘‘(15) COORDINATION OF SERVICES; PROVISION
OF MULTIGENERATIONAL SERVICES.—The plan shall
provide assurances that demonstrable efforts will be
made—
‘‘(A) to coordinate services provided under
chapters 2 and 3 with other State services that
benefit older individuals, and
‘‘(B) to provide multigenerational activities,
such as opportunities for older individuals to
serve as mentors or advisers in programs that
provide child care, youth day care, educational
assistance, at-risk youth intervention, juvenile
delinquency treatment, and family support.
‘‘(16) QUALITY ASSURANCE.—The plan shall in-
clude assurances that the State has in effect a mecha-
nism to provide for quality in the provision of serv-
ices under chapters 2 and 3.
‘‘(17) VOLUNTARY
CONTRIBUTIONS.—The plan
shall provide, after the State consults with area agen-
cies on aging and with service providers and provides
an opportunity for older individuals to submit com-
ments to the State, that recipients of services (exclud-
ing information and assistance services, outreach,
benefits counseling, case management services, om-
budsman services, and protective services) under State
plans or area plans will be given an opportunity to
voluntarily contribute to the cost of such services.
‘‘(18) SOLICITATION OF VOLUNTARY CONTRIBU-
TIONS.—The plan shall provide that the State will
permit area agencies on aging to permit service pro-
viders to solicit for services provided under the plan
voluntary contributions that—
‘‘(A) are based on the ability of older indi-
viduals to make such contributions, and
‘‘(B) will be used to increase, or expand ac-
cess to, services provided under the plan.
‘‘(19) USE
OF
VOUCHERS
TO
OBTAIN
SERV-
ICES.—(A) Subject to subparagraph (B), the plan
shall identify each specific supportive service and
each nutrition service, if any, the State agency elects
to permit area agencies on aging to provide by
issuing vouchers (redeemable by the State agency or
area agency on aging) to older individuals to permit
such individuals to obtain such service.
‘‘(B) A State agency may make an election
under subparagraph (A) with respect to a nutrition
service only if the plan includes an assurance that—
‘‘(i) such service provided in exchange for
vouchers will provide meals that satisfy the re-
quirements specified in section 332(2)(A), and
‘‘(ii) an area agency on aging will be per-
mitted by the State agency to provide such serv-
ice by issuing such vouchers, only if the area
agency on aging is unable to provide such service
by contract with a service provider.
‘‘(20) INFORMATION ON MEETING NEEDS.—The
plan shall contain information describing how the
State and area agencies on aging are meeting the
needs that older individuals have for outreach, case
management services, transportation services, infor-
mation and assistance services, in-home services, and
legal assistance.
‘‘(21) 
INFORMATION
RELATING
TO
RURAL
AREAS.—The plan shall, with respect to the fiscal
year preceding the fiscal year for which such plan is
prepared, describe the methods and difficulties in pro-
viding services to older individuals who reside in
rural areas (in particular, problems regarding trans-
portation and the cost of providing services).
‘‘(22) SERVICES IN RURAL AREAS.—For each fis-
cal year the plan shall identify, and take into consid-
eration for purposes of allocating funds to area agen-
cies on aging, the actual and projected additional
costs for providing services under this title, in par-
ticular the cost of providing access to such services to
older individuals residing in rural areas.
‘‘(23) COORDINATION
OF
SERVICES
TO
BLIND
OLDER INDIVIDUALS.—The plan shall provide, with
respect to blind older individuals, that the State agen-
cy will coordinate services provided under this Act
with services provided under chapter 2 of title VII of
the Rehabilitation Act of 1973.
‘‘(b) APPROVAL OF STATE PLAN.—The Assistant Sec-
retary shall approve any State plan that the Assistant Sec-
retary finds fulfills the requirements of subsection (a).
‘‘(c) DISAPPROVAL OF STATE PLAN.—(1) The Assist-
ant Secretary shall not make a final determination dis-
approving any State plan, or any modification thereof, or
make a final determination that a State is ineligible under
section 303, without first affording the State reasonable no-
tice and opportunity for a hearing.
‘‘(2) Not later than 30 days after such final determina-
tion, a State dissatisfied with such final determination may
appeal such final determination to the Secretary for review.
If the State timely appeals such final determination in ac-
cordance with subsection (e)(1), the Secretary shall dismiss
the appeal filed under this paragraph.
‘‘(3)(A) If the State is dissatisfied with the decision
of the Secretary after review under paragraph (2), the State
may appeal such decision not later than 30 days after such
decision and in the manner described in subsection (e).
‘‘(B) For purposes of appellate review under subpara-
graph (A), a reference in subsection (e) to the Assistant Sec-
retary shall be deemed to be a reference to the Secretary.
‘‘(d) NOTIFICATION OF STATE.—(1) Whenever the As-
sistant Secretary, after providing reasonable notice and op-
portunity for a hearing to the State agency, finds that—
‘‘(A) the State is not eligible under section 303,
‘‘(B) the State plan has been so changed that it
no longer complies substantially with subsection (a),
or
‘‘(C) in the administration of the plan there is
a failure to comply substantially with any provision
of subsection (a),
the Assistant Secretary shall notify the State agency that
no further payments from its allotments under section
302(a) will be made to the State (or, in the Assistant Sec-
retary’s discretion, that further payments to the State will
be limited to projects under or portions of the State plan
not affected by such failure), until the Assistant Secretary
is satisfied that there will no longer be any failure to com-
ply. Until the Assistant Secretary is so satisfied, no further
payments shall be made to the State from its allotments
under section 302(a) (or payments shall be limited to
projects under or portions of the State plan not affected by
such failure).
‘‘(2)(A) The Assistant Secretary shall, in accordance
with rules the Secretary shall issue, disburse the funds so
withheld directly to any public or nonprofit private organi-
zation or agency or political subdivision of the State sub-
mitting an approved plan in accordance with the provi-
sions of this section.
‘‘(B) The limitation specified in section 302(a)(3) shall
apply with respect to the use of such funds by the organiza-
tion, agency, or political subdivision that receives such
funds.
‘‘(e) APPEAL.—(1) A State that is dissatisfied with a
final action of the Assistant Secretary under subsection (b),
(c), or (d) may appeal to the United States court of appeals
for the circuit in which the State is located, by filing a
petition with such court within 30 days after such final
action. A copy of the petition shall be forthwith transmitted
by the clerk of the court to the Assistant Secretary, or any
officer designated by the Assistant Secretary for such pur-
pose. The Assistant Secretary thereupon shall file in the
court the record of the proceedings on which the Assistant
Secretary’s action is based, as provided in section 2112 of
title 28, United States Code.
‘‘(2) Upon the filing of such petition, the court shall
have jurisdiction to affirm the action of the Assistant Sec-
retary or to set it aside, in whole or in part, temporarily
or permanently, but until the filing of the record, the Assist-
ant Secretary may modify or set aside the Assistant Sec-
retary’s order. The findings of the Assistant Secretary as
to the facts, if supported by substantial evidence, shall be
conclusive, but the court, for good cause shown may remand
the case to the Assistant Secretary to take further evidence,
and the Assistant Secretary shall, within 30 days, file in
the court the record of those further proceedings. Such new
or modified findings of fact shall likewise be conclusive if
supported by substantial evidence. The judgment of the
court affirming or setting aside, in whole or in part, any
action of the Assistant Secretary shall be final, subject to
review by the Supreme Court of the United States upon
certiorari or certification as provided in section 1254 of
title 28, United States Code.
‘‘(3) The commencement of proceedings under this sub-
section shall not, unless so specifically ordered by the court,
operate as a stay of the Assistant Secretary’s action.
‘‘(f) PRESERVATION
OF
ATTORNEY-CLIENT
PRIVI-
LEGE.—Neither a State, nor a State agency, may require
any provider of legal assistance under this chapter to reveal
any information that is protected by the attorney-client
privilege.
‘‘(g) LIMITATION ON EXPENDITURES.—
‘‘(1) LIMITATION.—Not more than 15 percent of
the allotment made under section 302(a) for a fiscal
year and remaining after the application of sub-
section (c)(1), may be used to carry out the State
long-term care ombudsman program described in sub-
section (a)(8) and legal assistance described in sub-
section (a)(9), and to provide services for the preven-
tion of elder abuse, neglect, and exploitation described
in subsection (a)(10).
‘‘(2) WAIVER.—If the State demonstrates to the
satisfaction of the Assistant Secretary that the
amount available as a result of the application of
such paragraph is insufficient to satisfy the need for
services under the State long-term care ombudsman
program described in subsection (a)(8), the need for
legal assistance described in subsection (a)(9), and the
need for services to the prevent elder abuse, neglect,
and exploitation described in subsection (a)(10), then
the Assistant Secretary may grant a waiver that per-
mits the State to use an additional 5 percent of such
allotment to satisfy such need.
‘‘SEC. 305. AREA PLANS.
‘‘(a) PLAN.—Each area agency on aging designated
under section 303(a)(2)(A) shall, in order to be approved
by the State agency, prepare and develop an area plan for
a planning and service area for a 2–, 3–, or 4-year period
determined by the State agency, with such annual adjust-
ments as may be necessary. Each such plan shall be based
upon a uniform format for area plans within the State.
Each such plan shall comply with all of the following re-
quirements:
‘‘(1) SCOPE OF PLAN.—The plan shall provide,
through a comprehensive and coordinated system,
for—
‘‘(A) supportive services, nutrition services
(including in-home meals and congregate nutri-
tion services), and, where appropriate, for the es-
tablishment or maintenance of multipurpose sen-
ior centers, within the planning and service area
covered by the plan,
‘‘(B) determining the extent of need for sup-
portive services, nutrition services (taking into
consideration the comparative need for home-de-
livered nutrition services and congregate nutri-
tion services), and multipurpose senior centers in
such area (taking into consideration, among
other things, the number of older individuals
with low incomes residing in such area (with
particular attention to low-income minority
older individuals and to older individuals resid-
ing in rural areas), the number of older individ-
uals who have greatest economic need residing in
such area, the number of older individuals who
have greatest social need residing in such area,
the number of older individuals residing on res-
ervations in such area, the number of older indi-
viduals who are Indians residing in such area,
and the efforts of voluntary organizations in the
community),
‘‘(C) evaluating the effectiveness of the use
of resources in meeting such need, and
‘‘(D) entering into agreements with pro-
viders of supportive services, nutrition services,
or multipurpose senior centers in such area, for
the provision of such services or centers to meet
such need.
‘‘(2) PROMOTION OF INDEPENDENT LIVING.—The
plan shall promote independent living through the
provision of home- and community-based care, ad-
dress the nutrition and health-promotion needs of
older individuals, provide advocacy for and protect
the rights of vulnerable older individuals in both com-
munity-based and institutional settings, specify ef-
forts to be undertaken to ensure the quality of sup-
portive services and nutrition services provided in
such settings, enhance access to services provided
under the plan, and encourage community participa-
tion in carrying out the plan.
‘‘(3) INFORMATION AND ASSISTANCE SERVICES.—
The plan shall provide for the establishment and
maintenance of information and assistance services to
ensure that older individuals within the planning
and service area covered by the plan will have reason-
ably convenient access to such services, with par-
ticular emphasis on linking services available to iso-
lated older individuals and older individuals with
Alzheimer’s disease or related disorders with neuro-
logical and organic brain dysfunction (and the care-
givers of individuals with such disease or disorders).
‘‘(4) SPECIFIC
OBJECTIVES; 
OUTREACH.—(A)
The plan shall contain assurances that the area agen-
cy on aging will set specific objectives for providing
services to older individuals with greatest economic
need (with particular attention to low-income minor-
ity older individuals), older individuals with greatest
social need (with particular attention to low-income
minority older individuals), and to older individuals
residing in rural areas.
‘‘(B) The plan shall contain assurances that the
area agency on aging will use outreach efforts that
will—
‘‘(i) identify individuals eligible for assist-
ance under chapters 2 and 3, with special em-
phasis on—
‘‘(I) older individuals residing in rural
areas,
‘‘(II) older individuals with greatest
economic need (with particular attention to
low-income minority older individuals) and
older individuals with greatest social need
(with particular attention to low-income
minority older individuals),
‘‘(III) older individuals with severe
disabilities,
‘‘(IV) older individuals with limited
English-speaking ability, and
‘‘(V) older individuals with Alzheimer’s
disease or related disorders with neuro-
logical and organic brain dysfunction (and
the caregivers of such individuals), and
‘‘(ii) inform the older individuals referred
to in subclauses (I) through (V) of clause (i), and
the caregivers of such individuals, of the avail-
ability of such assistance.
‘‘(5) TECHNICAL ASSISTANCE AND INFORMATION;
ADVOCACY; ADVISORY COUNCIL.—The plan shall pro-
vide that the area agency on aging will—
‘‘(A) furnish appropriate technical assist-
ance, and information in a timely manner, to
providers of supportive services, nutrition serv-
ices, or multipurpose senior centers in the plan-
ning and service area covered by the area plan,
‘‘(B) take into account in connection with
matters of general policy arising in the develop-
ment and administration of the area plan, the
views of recipients of services under such plan,
‘‘(C) serve as the advocate and focal point
for older individuals within the community by
(in cooperation with agencies, organizations, and
individuals participating in activities under the
plan) monitoring, evaluating, and commenting
on all policies, programs, hearings, levies, and
community actions that will affect older individ-
uals,
‘‘(D) establish an advisory council con-
sisting of older individuals who are participants
or who are eligible to participate in programs
assisted under this title, representatives of older
individuals, local elected officials, providers of
veterans’ health care (if appropriate), and the
general public, to advise continuously the area
agency on aging on all matters relating to the
development of the area plan, the administration
of the plan and operations conducted under the
plan,
‘‘(E) facilitate the coordination of commu-
nity-based, long-term care services designed to
retain individuals in their homes, thereby defer-
ring unnecessary, costly institutionalization, and
designed to include the development of case man-
agement services as a component of the long-term
care services,
‘‘(F) facilitate the involvement of long-term
care providers in the coordination of commu-
nity-based long-term care services and work to
ensure community awareness of and involvement
in addressing the needs of residents of long-term
care facilities,
‘‘(G) coordinate services and activities car-
ried out under the area plan with—
‘‘(i) activities of community-based or-
ganizations established for the benefit of
older individuals with Alzheimer’s disease
or related disorders with neurological and
organic brain dysfunction (and the families
of such individuals), and
‘‘(ii) the mental health services pro-
vided by community health centers and by
other public agencies and nonprofit private
organizations, and
‘‘(H) establish a grievance procedure for
older individuals who are dissatisfied with or de-
nied services under chapters 2 and 3.
‘‘(6) VOLUNTEERS.—The plan shall encourage,
and enlist the services of, local volunteer groups to
provide assistance and services appropriate to the
unique needs of older individuals within the planning
and service area, including coordination with pro-
grams carried out under parts A and C of title II of
the Domestic Volunteer Service Act of 1973 (42
U.S.C. 5000 et seq.).
‘‘(7) PREVENTION
AND
REMEDIATION
OF
THE
ABUSE, NEGLECT, OR EXPLOITATION OF OLDER INDI-
VIDUALS.—If the area agency on aging elects to pro-
vide a program to prevent and to remediate the abuse,
neglect, or exploitation of older individuals or is re-
quired by the State agency to carry out such pro-
gram, the plan shall—
‘‘(A) contain an assurance that the area
agency on aging will conduct such program con-
sistent with the provisions of this subtitle,
‘‘(B) contain an assurance that the area
agency on aging will provide public education
and outreach to identify and prevent abuse, ne-
glect, and exploitation of older individuals,
‘‘(C) contain an assurance that the area
agency on aging—
‘‘(i) will establish procedures for re-
ceipt of reports of abuse, neglect, and exploi-
tation of older individuals, and
‘‘(ii) upon receipt of a report of known
or suspected instances of elder abuse, ne-
glect, or exploitation, shall promptly refer
the reported matter to the proper authorities
for investigation and action consistent with
State law, and
‘‘(D) specify such other activities that the
area agency determines to be beneficial in the
100
prevention of abuse, neglect, or exploitation of
older individuals and intends to carry out under
such program.
‘‘(8) DESCRIPTION
OF
ACTIVITIES.—The plan
shall—
‘‘(A) describe all activities of the area agen-
cy on aging for which financial assistance is
provided to carry out chapters 2 and 3, and
‘‘(B) contain an assurance that such activi-
ties conform with—
‘‘(i) the responsibilities of the area
agency on aging, as set forth in this sub-
section, and
‘‘(ii) the laws, rules, and policies of the
State in which the area agency on aging is
carrying out an area plan.
‘‘(9) DISCLOSURE OF SOURCES AND EXPENDI-
TURES OF FUNDS.—The plan shall contain an assur-
ance that the area agency on aging will, on the re-
quest of the State and for the purpose of monitoring
compliance with this subtitle (including conducting
an audit), disclose all sources and expenditures of
funds such agency receives or expends to provide serv-
ices to older individuals.
101
‘‘(10) PROHIBITION ON MISUSE OF FUNDS.—The
plan shall contain assurances that funds received
from allotments under section 302(a) will not be used
to pay any part of a cost (including an administra-
tive cost) incurred by the area agency on aging to
carry out a contract or commercial relationship that
is not carried out to implement chapters 2 and 3.
‘‘(11) PROHIBITION OF PREFERENCE.—The plan
shall contain assurances that preference in receiving
services under chapters 2 and 3 will not be given by
the area agency on aging to particular older individ-
uals as a result of a contract or commercial relation-
ship that is not carried out to implement such chap-
ters.
‘‘(12) CASE MANAGEMENT SERVICES.—The plan
shall provide that case management services provided
under this chapter through the area agency on aging
will—
‘‘(A) not duplicate case management serv-
ices provided through other Federal and State
programs,
‘‘(B) be coordinated with services described
in subparagraph (A),
‘‘(C) include provision, to consumers, of a
list of available service providers for appropriate
102
care in the planning and service area served by
such agency,
‘‘(D) be provided in a manner that—
‘‘(i) gives each older individual who re-
quests services under this title a statement
specifying that such individual has the
right to make an independent choice of serv-
ice providers, and
‘‘(ii) documents receipt by such indi-
vidual of such statement, and
‘‘(E) be provided by—
‘‘(i) a public agency,
‘‘(ii) a nonprofit private agency, or
‘‘(iii) directly by the area agency on
aging only if the area agency on aging is—
‘‘(I) engaged in providing under a
State program services substantially
similar to case management services,
or
‘‘(II) designated by the State
agency to provide case management
services directly.
‘‘(13) VOLUNTARY
CONTRIBUTIONS.—The plan
shall contain assurances consistent with the State
103
plan provisions that satisfy the requirement specified
in section 304(a)(17), that service providers will—
‘‘(A) be required—
‘‘(i) to provide to all older individuals
an opportunity to voluntarily contribute to
the cost of services they receive under this
subtitle from such providers,
‘‘(ii) to protect the privacy of older in-
dividuals with respect to voluntary con-
tributions described in subparagraph (A),
‘‘(iii) to establish appropriate proce-
dures to safeguard and account for all such
contributions, and
‘‘(iv) to use such contributions attrib-
utable to supportive services or nutrition
services to increase supportive services or
nutrition services, respectively,
‘‘(B) be permitted—
‘‘(i) to develop a suggested voluntary
contribution schedule based on income cat-
egories of service recipients, taking into con-
sideration the income ranges of older indi-
viduals in the community, and
‘‘(ii) to furnish written information to
each recipient about the extent of supportive
104
services and nutrition services provided to
such recipient and the actual cost of such
services, and
‘‘(C) not be permitted—
‘‘(i) to use a means test for the purpose
of selecting older individuals to receive such
services, or
‘‘(ii) to refuse to provide a service to
an older individual because such individual
will not or cannot contribute to the cost of
such service.
‘‘(14) 
OLDER
INDIVIDUALS
WITH
DISABIL-
ITIES.—The plan shall provide, with respect to the
needs of older individuals with disabilities, assurances
that the area agency on aging will coordinate plan-
ning, identification, assessment of needs, and services
for older individuals with disabilities (with par-
ticular attention to individuals with severe disabil-
ities) with the State agency.
‘‘(15) TELEPHONE LISTING.—The plan shall con-
tain an assurance that the area agency on aging will
list the telephone number of such agency in each tele-
phone directory that is published, by the provider of
local telephone service, for residents in any geo-
105
graphical area that lies in whole or in part in the
service and planning area served by such agency—
‘‘(A) under the name ‘Area Agency on
Aging’,
‘‘(B) in the unclassified section of the direc-
tory, and
‘‘(C) to the extent possible, in the classified
section of the directory, under a subject heading
designated by the Assistant Secretary by regula-
tion.
‘‘(b) PRESERVATION
OF ATTORNEY-CLIENT PRIVI-
LEGE.—An area agency on aging may not require any pro-
vider of legal assistance under this chapter to reveal any
information that is protected by the attorney-client privi-
lege.
‘‘(c) STATE AUTHORITY TO WITHHOLD FUNDS.—(1)
If the head of a State agency finds that an area agency
on aging has failed to comply with Federal or State laws,
including the area plan requirements of this section, rules,
or policies, the State may withhold from the area agency
on aging a portion of the funds available under the allot-
ment made under section 302(a).
‘‘(2)(A) The head of a State agency shall not make a
final determination withholding funds under paragraph (1)
without first affording the area agency on aging due process
106
in accordance with procedures established by the State
agency.
‘‘(B) At a minimum, such procedures shall include
procedures for—
‘‘(i) providing notice of an action to withhold
funds,
‘‘(ii) providing documentation of the need for
such action, and
‘‘(iii) at the request of the area agency on aging,
conducting a public hearing concerning such action.
‘‘(3)(A) If a State agency withholds the funds under
paragraphs (1) and (2), the State agency may use the funds
withheld to directly administer programs under chapters 2
and 3 in the planning and service area served by the area
agency on aging for a period not to exceed 180 days, except
as provided in subparagraph (B).
‘‘(B) If the State agency determines that the area agen-
cy on aging has not taken corrective action, or if the State
agency does not approve the corrective action, during the
180-day period described in subparagraph (A), the State
agency may extend the period for not more than 90 days.
‘‘SEC. 306. PLANNING, COORDINATION, EVALUATION, AND
ADMINISTRATION OF STATE PLANS.
‘‘(a) GRANTS FOR STATE ACTIVITIES.—(1) Amounts
available to States under section 302(e)(1) may be used to
107
make grants to States to pay such percentage as each State
agency determines, but not more than 75 percent, of the
cost of the administration of its State plan, including—
‘‘(A) the preparation of the State plan,
‘‘(B) the evaluation of activities carried out
under such plan,
‘‘(C) the collection of data and the carrying out
of analyses related to the need for supportive services,
nutrition services (taking into consideration the com-
parative need for home-delivered nutrition services
and for congregate nutrition services), multipurpose
senior centers, and community service employment
within the State, and dissemination of information so
obtained,
‘‘(D) the provision of short-term training to per-
sonnel of public or nonprofit private agencies and or-
ganizations engaged in the operation of programs,
projects, and activities authorized by chapters 2 and
3, and
‘‘(E) and the carrying out of demonstration
projects of statewide significance relating to the initi-
ation, expansion, or improvement of services and ac-
tivities provided under chapters 2 and 3.
‘‘(2) Any funds available to a State under subsection
(b) for part of the cost of the administration of its State
108
plan that the State determines is not needed for such pur-
pose may be used by the State to supplement the amount
available under section 302(e)(3)(A) to cover part of the cost
of the administration of area plans.
‘‘(3) The portion of the allotment made available under
section 302(e)(1) to a State for any fiscal year, that the
State determines will not be required by the State for such
year for the purposes described in paragraph (1) shall be
available to the State to provide services under chapter 2,
chapter 3, or both, in the State.
‘‘(4) Any State that is designated under section
303(a)(1)(E) a single planning and service area covering
all, or substantially all, of the older individuals in the
State, as determined by the Assistant Secretary, may elect
to pay part of the costs of the administration of State and
area plans either out of the amount of funds received under
this section or out of the amount of funds made available
for the administration of area plans under section
302(e)(3)(A), but shall not pay such costs out of both such
amounts.
‘‘(b) AUTHORITY TO TRANSFER FUNDS.—(1)(A) Not-
withstanding any other provision of this subtitle and except
as provided in subparagraph (B), of the funds received by
a State attributable to funds appropriated under sub-
sections (a) and (b) of section 391, the State (after consulta-
109
tion with area agencies on aging and with service pro-
viders) may elect to transfer not more than 20 percent for
any fiscal year between programs under chapter 2 and pro-
grams under chapter 3 for use as the State considers appro-
priate. The State shall notify the Assistant Secretary of any
such election.
‘‘(B)(i) If a State demonstrates in an application, to
the satisfaction of the Assistant Secretary, that funds re-
ceived by the State and attributable to funds appropriated
under subsections (a) and (b) of section 391, (including
funds transferred under subparagraph (A) without regard
to this subparagraph) for any fiscal year are insufficient
to satisfy the need for services under chapter 2 or 3, then
the Assistant Secretary may grant a waiver that permits
the State to transfer under subparagraph (A) to satisfy such
need an additional 25 percent of the funds so received for
such fiscal year.
‘‘(ii) At a minimum, the application described in
clause (i) shall include a description of the amount to be
transferred, the purposes of the transfer, the need for the
transfer, and the impact of the transfer on the provision
of services from which the funding will be transferred. The
Assistant Secretary shall approve or deny the application
in writing.
110
‘‘(C) Notwithstanding any other provision of this sub-
title, with respect to funds received by a State and attrib-
utable to funds appropriated under paragraph (1) or (2)
of section 391(b), the State may elect in its plan under sec-
tion 304 regarding chapter 3, to transfer not more than
50 percent of the funds so received between part I and part
II of such chapter, for use as the State considers appro-
priate to meet the needs of the area served.
‘‘(2) After consultation with service providers, a State
agency may delegate to an area agency on aging or any
other entity the authority to make a transfer under para-
graph (1).
‘‘(3) The Assistant Secretary shall annually collect,
and include in the report required by section 117, data re-
garding the transfers described in paragraph (1),
including—
‘‘(A) the amount of funds involved in the trans-
fers, analyzed by State, and
‘‘(B) in the case of transfers described in para-
graph (1), the effect of the transfers on the provision
of services provided under—
‘‘(i) chapter 2, and
‘‘(ii) chapter 3, including the effect on the
number of meals served.
111
‘‘SEC. 307. PAYMENTS.
‘‘Payments of grants, or under contracts, made under
chapters 2 and 3 may be made (after necessary adjustments
resulting from previously made overpayments or underpay-
ments) in advance or by way of reimbursement, and in such
installments, as the Assistant Secretary may determine.
‘‘CHAPTER 2—SUPPORTIVE SERVICES AND
MULTIPURPOSE SENIOR CENTERS
‘‘SEC. 321. PROGRAM AUTHORIZED.
‘‘The Assistant Secretary shall carry out a program
for making grants to States under State plans approved
under section 304 for any of the following supportive serv-
ices that are necessary for the general welfare of older indi-
viduals:
‘‘(1) Health (including mental health), education
and training, welfare, informational, recreational,
homemaker, counseling, or referral services.
‘‘(2) Services designed to encourage and assist
older individuals to use the facilities and services (in-
cluding information and assistance services) available
to them, including language translation services to as-
sist older individuals with limited-English speaking
ability to obtain services under this chapter.
‘‘(3) Services designed—
‘‘(A) to assist older individuals to obtain
adequate housing, including residential repair
112
and renovation projects designed to enable older
individuals to maintain their homes in con-
formity with minimum housing standards,
‘‘(B) to adapt homes to meet the needs of
older individuals with disabilities,
‘‘(C) to prevent unlawful entry into resi-
dences of older individuals, through the installa-
tion of security devices and through structural
modifications or alterations of such residences, or
‘‘(D) to receive applications from older in-
dividuals for housing under section 202 of the
Housing Act of 1959 (12 U.S.C. 1701Q) or
under any federally assisted housing program
designed to assist older individuals.
‘‘(4) Services designed to assist older individuals
to avoid institutionalization, and services designed to
assist individuals in long-term care institutions who
are able to return to their communities, including—
‘‘(A) client assessment services, and develop-
ment and coordination of community-based serv-
ices,
‘‘(B) in-home services for frail older indi-
viduals, including services for older individuals
with Alzheimer’s disease and related disorders
113
with neurological and organic brain dysfunction
(and for families of such individuals),
‘‘(C) supportive activities to meet the spe-
cial needs of caretakers, including caretakers who
provide in-home services to frail older individ-
uals, and
‘‘(D) in-home and other community-based
services to assist older individuals to live inde-
pendently in a home environment, including
home health, homemaker, shopping, escort, read-
er, and letter-writing services.
‘‘(5) Services designed to provide to older indi-
viduals information and counseling relating to mak-
ing choices offered under titles XVIII and XIX of the
Social Security Act (relating to Medicare and Med-
icaid), and other health care plans.
‘‘(6) Services designed to provide to older indi-
viduals legal assistance and other counseling services
and assistance, including—
‘‘(A) tax counseling and assistance, finan-
cial counseling, and counseling regarding appro-
priate health and life insurance coverage,
‘‘(B) representation—
‘‘(i) of individuals who are wards (or
are allegedly incapacitated), and
114
‘‘(ii) in guardianship proceedings of
older individuals who seek to become guard-
ians, if other adequate representation is un-
available in the proceedings, and
‘‘(C) provision, to older individuals who
provide uncompensated care to their adult chil-
dren with disabilities, of counseling to assist
such older individuals with permanency plan-
ning for such children.
‘‘(7) Services designed to enable older individuals
to attain and maintain physical and mental well-
being through programs of regular physical activity.
‘‘(8) Activities designed to promote disease pre-
vention and health promotion.
‘‘(9) Services designed to provide, for older indi-
viduals, preretirement counseling and assistance in
planning for and assessing future post-retirement
needs with regard to public and private insurance,
public benefits, lifestyle changes, relocation, legal mat-
ters, leisure time, and other appropriate matters.
‘‘(10) Services of an ombudsman to receive, in-
vestigate, and act on complaints by older individuals
who are residents of long-term care facilities and to
advocate for the well-being of such individuals.
115
‘‘(11) Services that are designed to meet the
unique needs of older individuals who are disabled,
and of older individuals who provide uncompensated
care to their adult children with disabilities.
‘‘(12) Services to encourage the employment of
older individuals, including job and second career
counseling and, where appropriate, job development,
referral, and placement.
‘‘(13) Services for the prevention of abuse, ne-
glect, or exploitation of older individuals.
‘‘(14) Crime prevention services and victim as-
sistance programs for older individuals.
‘‘(15) Health and nutrition education services,
including information concerning prevention, diag-
nosis, treatment, and rehabilitation of age-related dis-
eases and chronic disabling conditions.
‘‘(16) Services designed to enable mentally im-
paired older individuals to attain and maintain emo-
tional well-being and independent living through a
coordinated system of supportive services.
‘‘(17) Services designed to provide information
and training for individuals who are or may become
guardians or representative payees of older individ-
uals, including information on the powers and duties
116
of guardians and representative payees and on alter-
natives to guardianships.
‘‘(18) Services to encourage and facilitate reg-
ular interaction between school-age children and older
individuals, including visits in long-term care facili-
ties, multipurpose senior centers, and other settings.
‘‘(19) Services to assist in the operation of multi-
purpose senior centers.
‘‘(20) Services that provide reasonable opportu-
nities for older individuals to participate on a vol-
untary basis in multigenerational activities.
‘‘(21) Transportation services to facilitate access
to the services authorized by this subsection to be pro-
vided.
‘‘(22) Any other services.
‘‘CHAPTER 3—NUTRITION SERVICES
‘‘PART I—CONGREGATE NUTRITION SERVICES
‘‘SEC. 331. PROGRAM AUTHORIZED.
‘‘The Assistant Secretary shall carry out a program
for making grants to States under State plans approved
under section 304 for the establishment and operation of
nutrition projects—
‘‘(1) which, 5 or more days a week (except in a
rural area where such frequency is not feasible (as de-
fined by the Assistant Secretary by regulation) and a
117
lesser frequency is approved by the State agency),
provide at least one hot or other appropriate meal per
day and any additional meals which the recipient of
a grant or contract under this subpart may elect to
provide,
‘‘(2) which shall be provided in congregate set-
tings (including adult day care settings), and
‘‘(3) which may include nutrition education
services and other appropriate nutrition services for
older individuals.
‘‘PART II—HOME DELIVERED NUTRITION
SERVICES
‘‘SEC. 334. PROGRAM AUTHORIZED.
‘‘The Assistant Secretary shall carry out a program
for making grants to States under State plans approved
under section 304 for the establishment and operation of
nutrition projects for older individuals which, 5 or more
days a week (except in a rural area where such frequency
is not feasible (as defined by the Assistant Secretary by reg-
ulation) and a lesser frequency is approved by the State
agency), provide at least one home delivered hot, cold, fro-
zen, dried, canned, or supplemental foods (with a satisfac-
tory storage life) meal per day and any additional meals
which the recipient of a grant or contract under this sub-
part may elect to provide.
118
‘‘PART III—ADDITIONAL REQUIREMENTS
‘‘SEC. 337. NUTRITION.
‘‘A State that establishes and operates a nutrition
project under this chapter shall—
‘‘(1) solicit the advice of a dietitian or indi-
vidual with comparable expertise in the planning of
nutritional services, and
‘‘(2) ensure that the project—
‘‘(A) provides meals that—
‘‘(i) comply with the Dietary Guide-
lines for Americans, published by the Sec-
retary and the Secretary of Agriculture,
‘‘(ii) provide to each participating
older individual—
‘‘(I) a minimum of 331⁄3 percent
of the daily recommended dietary al-
lowances as established by the Food
and Nutrition Board of the Institute of
Medicine of the National Academy of
Sciences, if the project provides 1 meal
per day,
‘‘(II) a minimum of 662⁄3 percent
of the allowances if the project provides
2 meals per day, and
119
‘‘(III) 100 percent of the allow-
ances if the project provides 3 meals
per day, and
‘‘(iii) to the maximum extent prac-
ticable, are adjusted to meet any special di-
etary needs of program participants,
‘‘(B) provides flexibility to local nutrition
providers in designing meals that are appealing
to program participants,
‘‘(C) encourages providers to enter into con-
tracts that limit the amount of time meals must
spend in transit before they are consumed,
‘‘(D) where feasible, encourages arrange-
ments with schools and other facilities serving
meals 
to 
children 
in 
order 
to 
promote
intergenerational meal programs,
‘‘(E) provides that meals, other than in-
home meals, are provided in settings in as close
proximity to the majority of eligible older indi-
viduals’ residences as feasible,
‘‘(F) ensures that meal providers carry out
such project with the advice of dietitians (or in-
dividuals with comparable expertise), meal par-
ticipants, and other individuals’ knowledgeable
with regard to the needs of older individuals,
120
‘‘(G) ensures that each participating area
agency on aging establishes procedures that allow
nutrition project administrators the option to
offer a meal, on the same basis as meals provided
to participating older individuals, to individuals
providing volunteer services during the meal
hours, and to individuals with disabilities who
reside at home with and accompany older indi-
viduals eligible under this chapter,
‘‘(H) ensures that nutrition services will be
available to older individuals and to their
spouses, and may be made available to individ-
uals with disabilities who are not older individ-
uals but who reside in housing facilities occupied
primarily by older individuals at which con-
gregate nutrition services are provided, and
‘‘(I) provide for nutrition screening and,
where appropriate, for nutrition education and
counseling.
‘‘CHAPTER 4—DISASTER RELIEF
REIMBURSEMENTS
‘‘SEC. 341. DISASTER RELIEF REIMBURSEMENTS.
‘‘(a)(1) The Assistant Secretary may provide reim-
bursements to any State (or tribal organization that re-
ceives a grant under title II), upon application for such
121
reimbursement, for funds such State (or such tribal organi-
zation) makes available to area agencies on aging in such
State for the delivery of supportive services (and related
supplies) during any major disaster declared by the Presi-
dent in accordance with the Robert T. Stafford Relief and
Emergency Assistance Act.
‘‘(2) Total payments to all States (and tribal organiza-
tions) under paragraph (1) in any fiscal year shall not ex-
ceed .05 percent of the total amount appropriated and
available to carry out title III.
‘‘(3) If the Assistant Secretary decides, in the 5-day
period beginning on the date such disaster is declared by
the President, to provide an amount of reimbursement
under paragraph (1) to a State (or tribal organization),
then the Assistant Secretary shall provide not less than 75
percent of such amount to such State (or tribal organiza-
tion) not later than 5 days after the date of such decision.
‘‘(b)(1) At the beginning of each fiscal year the Assist-
ant Secretary shall set aside, for payment to States (and
tribal organizations) under subsection (a), an amount equal
to .05 percent of the total amount appropriated and avail-
able to carry out title III.
‘‘(2) Amounts set aside under paragraph (1) which are
not obligated by the end of the third quarter of any fiscal
year shall be made available to carry out title III.
122
‘‘(c) Nothing in this section shall be construed to pro-
hibit expenditures by States (or tribal organizations) for
disaster relief for older individuals in excess of amounts re-
imbursable under this section, by using funds made avail-
able to them under other sections of this Act or under other
provisions of Federal or State law, or from private sources.
‘‘Subtitle 
B—Disease 
Prevention
and Health Promotion Services
Program Authorized
‘‘SEC. 351. PROGRAM AUTHORIZED.
‘‘(a) The Assistant Secretary shall carry out a pro-
gram for making grants to States under State plans ap-
proved under section 304 to provide disease prevention and
health promotion services and information at multipurpose
senior centers, at congregate meal sites, through home deliv-
ered meals programs, or at other appropriate sites. In car-
rying out such program, the Assistant Secretary shall con-
sult with the Director of the Centers for Disease Control
and Prevention and the Director of the National Institute
on Aging.
‘‘(b) The Assistant Secretary shall, to the extent pos-
sible, ensure that services provided by other community or-
ganizations and agencies are used to carry out the provi-
sions of this subtitle.
123
‘‘SEC. 352. DISTRIBUTION TO AREA AGENCIES ON AGING.
‘‘The State agency shall give priority, in carrying out
this subtitle, to areas of the State—
‘‘(1) which are medically underserved, and
‘‘(2) in which there is a large number of older
individuals who have the greatest economic need for
such services.
‘‘SEC. 353. DEFINITION.
‘‘As used in this subtitle, the term ‘disease prevention
and health promotion services’ means—
‘‘(1) health risk assessments,
‘‘(2) routine health screening,
‘‘(3) nutritional counseling and educational serv-
ices for individuals and their primary caregivers,
‘‘(4) health promotion programs,
‘‘(5) programs regarding physical fitness,
‘‘(6) home injury control services,
‘‘(7) screening for the prevention of depression,
coordination of community mental health services,
provision of educational activities, and referral to
psychiatric and psychological services,
‘‘(8) information and outreach services relating
to the prevention, diagnosis, and treatment of
osteoporosis,
‘‘(9) educational programs on the availability,
benefits, and appropriate use of preventive health
124
services covered under title XVIII of the Social Secu-
rity Act (42 U.S.C. 1395 et seq.),
‘‘(10) medication management screening and
education to prevent incorrect medication and adverse
drug reactions,
‘‘(11) information concerning age-related dis-
eases and chronic disabling conditions,
‘‘(12) gerontological counseling, and
‘‘(13) counseling regarding social services and
followup health services based on any of the services
described in paragraphs (1) through (12),
but does not include services for which payment may be
made under title XVIII of the Social Security Act (42
U.S.C. 1395 et seq.).
‘‘Subtitle C—Family Caregiver
Programs
‘‘SEC. 361. PROGRAM AUTHORIZED.
‘‘(a) IN GENERAL.—The Assistant Secretary may
make grants to States under State plans approved under
section 304 for systems of support for families and other
individuals who provide family caregiving services to older
individuals.
‘‘(b) FAMILY CAREGIVER SERVICES.—A system of sup-
port for which a grant made under subsection (a) may be
used shall provide—
125
‘‘(1) information to caregivers who provide fam-
ily caregiving services to older individuals, about sup-
port services available to such caregivers,
‘‘(2) assistance to such caregivers in gaining ac-
cess to such services,
‘‘(3) individual counseling, organization of sup-
port groups, and training for such caregivers to help
families make decisions and solve problems relating to
their 
roles 
as 
caregivers 
who 
provide 
family
caregiving services to older individuals,
‘‘(4) respite care to enable such caregivers to be
temporarily relieved from their caretaking respon-
sibilities, and
‘‘(5) in-home services to complement family
caregiving services provided by such caregivers.
‘‘(c) ELIGIBILITY.—A grant made under subsection (a)
may be used only for a system of support—
‘‘(1) that provides for caregivers of older individ-
uals any of the support specified in paragraphs (1),
(2), and (3) of subsection (b),
‘‘(2) that provides for caregivers of frail older in-
dividuals any of the support specified in subsection
(b), and
‘‘(3) that gives priority for family caregiver sup-
port to older individuals and families with the great-
126
est social need and greatest economic need, with par-
ticular attention to low-income older individuals.
‘‘(d) QUALITY STANDARDS AND ACCOUNTABILITY.—
‘‘(1) The State shall have in place mechanisms
designed to ensure the quality of services under this
subtitle.
‘‘(2) The State shall collect data and furnish
records at such time and in such form as the Assist-
ant Secretary may require by rule to enable the As-
sistant Secretary—
‘‘(A) to monitor—
‘‘(i) systems of support for which a
grant made under subsection (a) is used,
and
‘‘(ii) compliance with this subtitle, and
‘‘(B) to compare the effectiveness of such
systems.
‘‘(3) The State shall report to the Assistant Sec-
retary on the data and information required under
paragraph (2), including the services and activities
funded under this subtitle, and standards and meth-
ods by which the quality of services shall be assured.
‘‘(e) STATE OPTION FOR COST SHARING.—
‘‘(1) IN GENERAL.—A State may elect to require
cost sharing under this subtitle for services described
127
in paragraphs (4) and (5) of subsection (b) (and may
elect to require or permit area agencies on aging to
require cost sharing by recipients of such services
under area plans), except that—
‘‘(A) individuals whose income does not ex-
ceed the poverty line shall be exempt from re-
quired cost-sharing, and
‘‘(B) cost-sharing rates for individuals
whose income exceeds the poverty line may be es-
tablished only on a sliding-fee scale based on in-
come and shall not be effective unless and until
approved under paragraph (2).
‘‘(2) ASSISTANT
SECRETARY
APPROVAL.—The
Assistant Secretary may approve cost-sharing rates
established in accordance with paragraph (1)(B).
‘‘(3) INCOME DETERMINATIONS.—For purposes of
this subtitle, the income of an older individual shall
be determined by self-declaration.
‘‘(4) INABILITY TO PAY COST.—An older indi-
vidual will not be denied a service under this subtitle
because of the inability of such individual to pay a
share of the cost of such service.
‘‘(f) COORDINATION WITH SERVICE PROVIDERS.—In
carrying out this subtitle, each area agency on aging shall
coordinate with other community agencies and voluntary
128
organizations that provide the types of services provided by
systems for which grants are made under subsection (a).
‘‘(g) LIMITATION ON USE OF FUNDS.—
‘‘(1) USE OF GRANT.—A grant made under sub-
section (a) may not be used to pay more than 75 per-
cent of the cost of the system of support for which
such grant is made.
‘‘(2) MATCHING FUNDS.—Not more than 75 per-
cent of the cost of such system may be paid funds
from Federal sources and from funds received from
cost sharing in effect under subsection (e), in the ag-
gregate.
‘‘Subtitle D—Authorization of
Appropriations
‘‘SEC. 391. AUTHORIZATION OF APPROPRIATIONS.
‘‘(a) SUPPORTIVE SERVICES AND MULTIPURPOSE SEN-
IOR CENTERS.—There are authorized to be appropriated to
carry out chapter 2 of subtitle A $306,200,000 for fiscal
year 2000 and such sums as may be necessary for years
fiscal 2001, 2002, 2003, and 2004.
‘‘(b) NUTRITION SERVICES.—
‘‘(1) CONGREGATE NUTRITION SERVICES.—There
are authorized to be appropriated to carry out part
I of chapter 3 of subtitle A $381,700,000 for fiscal
129
year 2000 and such sums as may be necessary for fis-
cal years 2001, 2002, 2003, and 2004.
‘‘(2) HOME DELIVERED NUTRITION SERVICES.—
There are authorized to be appropriated to carry out
part II of chapter 3 of subtitle A $114,200,000 for fis-
cal year 2000 and such sums as may be necessary for
fiscal years 2001, 2002, 2003, and 2004.
‘‘(c) DISEASE PREVENTION AND HEALTH PROMOTION
SERVICES PROGRAM AUTHORIZED.—There are authorized
to be appropriated to carry out subtitle B $16,400,000 for
fiscal year 2000 and such sums as may be necessary for
fiscal years 2001, 2002, 2003, and 2004.
‘‘(d) FAMILY CAREGIVER SUPPORT PROGRAM.—There
is authorized to be appropriated to carry out subtitle C—
‘‘(1) $125,000,000 for fiscal year 2000 if the ag-
gregate amount appropriated under subsections (a)
and (b) of this section for fiscal year 2000 is not less
than the aggregate amount appropriated under sub-
sections (a) and (b) of section 303 of the Older Ameri-
cans Act of 1965 for fiscal year 1999, and
‘‘(2) such sums as may be necessary for fiscal
years 2001, 2002, 2003, and 2004 if the aggregate
amount appropriated under subsections (a) and (b) of
this section for the particular fiscal year involved is
130
not less than the aggregate amount appropriated
under such subsections for the preceding fiscal year.
‘‘SEC. 392. ADDITIONAL FUNDS AVAILABLE FOR NUTRITION
SERVICES.
‘‘(a) FUNDS AVAILABLE.—In addition to the amount
appropriated under section 391(b), and to provide nutrition
services under subtitle A and title II for each of the fiscal
years 2000, 2001, 2002, 2003, and 2004, the amount appro-
priated under subsection (e) for such fiscal year shall be
made available to the Assistant Secretary by the Secretary
of Agriculture.
‘‘(b) DIVISION OF FUNDS.—The Assistant Secretary
shall divide the funds made available under subsection (a)
so that—
‘‘(1) 98.9 percent of such funds is allotted in ac-
cordance with subsection (c) to provide nutrition serv-
ices under subtitle A, and
‘‘(2) the balance is available to make grants
under title II to provide nutrition services.
‘‘(c) ALLOTMENTS BASED ON MEALS SERVED.—
‘‘(1) IN GENERAL.—The Secretary shall allot and
pay, to each State agency with a plan approved
under this title for a fiscal year, and to each tribal
organization with an application approved under sec-
tion 202 for such fiscal year, an amount bearing the
131
same ratio to the total amount appropriated for such
fiscal year under subsection (e) as the number of
meals served in the State, under such plan approved
for the preceding fiscal year (or the number of meals
served by the tribal organization, under such applica-
tion approved for such preceding fiscal year), bears
to the total number of such meals served in all States
and by all tribal organizations under all such plans
and applications approved for such preceding fiscal
year.
‘‘(2) CALCULATION OF ALLOTMENT FOR CERTAIN
TRIBAL ORGANIZATIONS.—For purposes of paragraph
(1), in the case of a tribal organization that has a
plan approved under section 202 for a fiscal year but
that did not receive assistance under this section for
the preceding fiscal year, the number of meals served
by the tribal organization in the preceding fiscal year
shall be deemed to equal the number of meals that the
Assistant Secretary estimates will be served by the
tribal organization in the current fiscal year.
‘‘(d) ELECTION TO RECEIVE COMMODITIES IN LIEU
OF CASH.—
‘‘(1) ELECTION.—A State to which funds are al-
lotted under subsection (b)(1), or a recipient of a
grant referred to in subsection (b)(2), may elect to re-
132
ceive commodities in lieu of all or part of such funds
or of such grant.
‘‘(2) PURCHASE
OF
COMMODITIES
FROM
THE
SECRETARY OF AGRICULTURE.—If a State or grant
recipient makes a timely election under paragraph
(1), the Assistant Secretary shall use the amount of
such funds designated by the State, or of such grant
designated by the grant recipient, to purchase com-
modities from the Secretary of Agriculture and to
make such commodities available to the State or
grant recipient.
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated to carry out this section
$150,000,000 for fiscal year 2000 and such sums as may
be necessary for fiscal years 2001, 2002, 2003, and 2004.
133
‘‘TITLE 
IV—STATE 
LONG-TERM
CARE 
OMBUDSMAN 
PRO-
GRAMS; SERVICES FOR THE
PREVENTION 
AND 
REMEDI-
ATION OF ELDER ABUSE, NE-
GLECT, AND EXPLOITATION
‘‘Subtitle A—Use of Additional
Allotments
‘‘SEC. 401. USE OF ALLOTMENTS.
‘‘Funds allotted under section 302(b) shall be made
available for a fiscal year to States that receive funds from
allotments made under section 302(a) for such fiscal year
and that agree to use funds received under this section—
‘‘(1) to carry out a State long-term care ombuds-
man program that complies with the requirements of
subtitles B and D,
‘‘(2) to provide, through the State agency and in
consultation with area agencies on aging, services for
the prevention and remediation of elder abuse, ne-
glect, and exploitation and that comply with the re-
quirements of subtitles C and D, or
‘‘(3) both to carry out the program described in
paragraph (1) and to provide the services described in
paragraph (2).
134
‘‘Subtitle B—State Long-Term Care
Ombudsman Program
‘‘SEC. 421. REQUIREMENTS APPLICABLE TO STATE LONG-
TERM CARE OMBUDSMAN PROGRAM.
‘‘To carry out a State long-term care ombudsman pro-
gram for which funds received from allotments made under
subsections (a) and (b) of section 302 may be used, a State
shall comply with all of the following:
‘‘(1) DUTIES.—The State agency shall provide
services—
‘‘(A) to identify, to investigate, and to re-
solve complaints that—
‘‘(i) are made by or on behalf of older
individuals who are residents of long-term
care facilities, and
‘‘(ii) relate to action, inaction, or deci-
sions that may adversely affect the health,
safety, welfare, or rights of such residents
(including the welfare and rights of such
residents with respect to the appointment
and activities of guardians and representa-
tive payees), of providers (or representatives
of providers) of long-term care services, pub-
lic agencies, or health and social service
agencies,
135
‘‘(B) provide services to assist such residents
in protecting the health, safety, welfare, and
rights of such residents,
‘‘(C) inform such residents about means of
obtaining services provided by providers or agen-
cies described in subparagraph (A)(ii) or services
described in subparagraph (A),
‘‘(D) ensure that such residents have regular
and timely access to the services provided
through the State long-term care ombudsman
program and that such residents and complain-
ants receive from program representatives of the
State agency timely responses to complaints,
‘‘(E) represent the interests of such residents
before governmental agencies and seek adminis-
trative, legal, and other remedies to protect the
health, safety, welfare, and rights of the resi-
dents,
‘‘(F) provide administrative and technical
assistance to entities designated under para-
graph (6) to assist the entities in participating
in the program,
‘‘(G) analyze, comment on, and monitor the
development and implementation of Federal,
State, and local laws, rules, and other govern-
136
mental policies and actions, that pertain to the
health, safety, welfare, and rights of the resi-
dents, with respect to the adequacy of long-term
care facilities and services in the State,
‘‘(H) provide for training program rep-
resentatives of the State agency, and
‘‘(I) carry out such other activities as the
State agency determines to be appropriate.
‘‘(2) CONTRACTS AND ARRANGEMENTS.—(A) Ex-
cept as provided in subparagraph (B), the State agen-
cy may carry out the State long-term care ombuds-
man program, directly, or by contract or other ar-
rangement with any public agency or nonprofit pri-
vate organization.
‘‘(B) For purposes of subparagraph (A), the
State agency may not enter into a contract or other
arrangement with—
‘‘(i) an agency or organization that is re-
sponsible for licensing or certifying long-term
care services in the State, or
‘‘(ii) an association (or an affiliate of such
an association) of long-term care facilities, or of
any other residential facilities for older individ-
uals.
137
‘‘(3) DESIGNATION OF LOCAL OMBUDSMAN ENTI-
TIES AND REPRESENTATIVES.—(A) In carrying out
the duties specified in paragraph (1), the State agen-
cy may designate an entity as a local ombudsman en-
tity, and may designate an individual (including an
employee or volunteer) to represent the entity.
‘‘(B) An individual so designated may, in ac-
cordance with the policies and procedures established
by the State agency—
‘‘(i) provide services to protect the health,
safety, welfare, and rights of older individuals
who are residents of long-term care facilities,
‘‘(ii) ensure that residents in the service
area of the entity have regular, timely access to
representatives of the State long-term care om-
budsman program and timely responses to com-
plaints and requests for assistance,
‘‘(iii) identify, investigate, and resolve com-
plaints made by or on behalf of such residents
that relate to action, inaction, or decisions, that
may adversely affect the health, safety, welfare,
or rights of such residents,
‘‘(iv) represent the interests of such residents
before government agencies and seek administra-
tive, legal, and other remedies to protect the
138
health, safety, welfare, and rights of such resi-
dents,
‘‘(v) review, and if necessary, comment on
existing and proposed laws, rules, and other gov-
ernment policies and actions, that pertain to the
rights and well-being of such residents,
‘‘(vi) facilitate the ability of the public to
comment on such laws, rules, policies, and ac-
tions,
‘‘(vii) support the development of resident
and family councils, and
‘‘(viii) carry out other activities that the
State agency determines to be appropriate.
‘‘(C)(i) The State agency shall establish policies
and procedures for monitoring local ombudsman enti-
ties designated to carry out the duties specified in
paragraph (1).
‘‘(ii) If the entities are grantees, or the represent-
atives are employees, of area agencies on aging, the
State agency shall develop such policies after con-
sultation with such area agencies on aging. Such
policies shall provide for participation and comment
by such area agencies on aging and for resolution of
concerns with respect to case activity.
139
‘‘(iii) The State agency shall develop the policies
and procedures in accordance with all provisions of
this subtitle regarding confidentiality and conflict of
interest.
‘‘(4) PROCEDURES FOR ACCESS.—The State shall
ensure, and shall establish procedures that ensure,
that program representatives of the State agency shall
have—
‘‘(A) access to long-term care facilities and
residents,
‘‘(B)(i) appropriate access to review the
medical and social records of a resident, if the
program representative involved has the permis-
sion of the resident (or the legal representative of
the resident), or the resident is unable to consent
to the review and has no legal representative, or
‘‘(ii) access to such records as is necessary
to investigate a complaint if a legal guardian of
the resident refuses to give the permission, a pro-
gram representative of the State agency has rea-
sonable cause to believe that the guardian is not
acting in the best interests of the resident, and
the program representative obtains the approval
of the State agency,
140
‘‘(C) access to the administrative records,
policies, and documents, to which the residents
have or the general public has access, of long-
term care facilities, and
‘‘(D) access to and, on request, copies of all
licensing and certification records maintained by
the State with respect to long-term care facilities.
‘‘(5) REPORTING
SYSTEM.—The State agency
shall collect and analyze data relating to complaints
and conditions in long-term care facilities and to
older individuals who are residents of long-term care
facilities, for the purpose of identifying and resolving
significant problems.
‘‘(6) DISCLOSURE.—(A) The State agency shall
establish procedures for the disclosure by the State
agency or local ombudsman entities of files main-
tained by the State long-term care ombudsman pro-
gram, including records and data described in para-
graphs (4) and (5).
‘‘(B) The procedures described in subparagraph
(A) shall provide that, the files and records described
in subparagraph (A) may be disclosed only at the dis-
cretion of the State agency. The procedures described
in subparagraph (A) shall prohibit the disclosure of
the identity of any complainant, or resident of a
141
long-term care facility, with respect to whom the
State agency maintains such files or records unless—
‘‘(i) the complainant or resident, or the
legal representative of the complainant or resi-
dent, consents to the disclosure and the consent
is given in writing,
‘‘(ii) the complainant or resident gives con-
sent orally and the consent is documented con-
temporaneously in writing made by a program
representative of the State agency in accordance
with such requirements as the State agency shall
establish, or
‘‘(iii) the disclosure is required by court
order.
‘‘(7) CONSULTATION.—In planning and oper-
ating the State long-term care ombudsman program,
the State agency shall consider the views of area
agencies on aging, older individuals, and providers of
long-term care.
‘‘(8) CONFLICT OF INTEREST.—The State agency
shall develop procedures to prevent conflicts of interest
with respect to individuals and entities that carry out
activities under the State long-term care ombudsman
program.
142
‘‘(9) LEGAL COUNSEL.—The State agency shall
ensure that—
‘‘(A)(i) adequate legal counsel is available
and able to provide advice and consultation
needed to protect the health, safety, welfare, and
rights of older individuals who are residents of
long-term care facilities, and to assist the pro-
gram representatives of the State agency in the
performance of the official duties of the State
agency, and
‘‘(ii) legal representation is provided to any
program representative of the State agency
against whom suit or other legal action is
brought or threatened to be brought in connection
with the performance of the official duties of the
State agency or such a representative, and
‘‘(B) the State agency pursues administra-
tive, legal, and other appropriate remedies on be-
half of such residents.
‘‘(10) LIABILITY.—The State shall ensure that no
program representative of the State agency will be
liable under State law for the good faith performance
of official duties.
‘‘(11) NONINTERFERENCE.—The State shall—
143
‘‘(A) ensure that willful interference with
the State agency in the performance of the offi-
cial duties under the State long-term care om-
budsman program shall be unlawful,
‘‘(B) prohibit retaliation and reprisals by a
long-term care facility or other entity with re-
spect to any resident, employee, or other person
for filing a complaint with, providing informa-
tion to, or otherwise cooperating with any rep-
resentative of, the State agency, and
‘‘(C) provide for appropriate sanctions with
respect to such interference and such retaliation
and reprisals.
‘‘Subtitle C—Prevention and Reme-
diation of Elder Abuse, Neglect,
and Exploitation
‘‘SEC. 441. REQUIREMENTS APPLICABLE TO PROVIDING
SERVICES TO PREVENT AND TO REMEDIATE
ELDER 
ABUSE, 
NEGLECT, 
AND 
EXPLOI-
TATION.
‘‘To provide services to prevent and to remediate elder
abuse, neglect, and exploitation, for which funds received
from allotments made under sections 302(a) and 302(b)
may be used, a State shall include in the State plan re-
quired by section 304 all of the following:
144
‘‘(1) IMMUNITY.—An assurance that the State
has in effect laws relating to elder abuse, neglect, and
exploitation that include provisions for immunity for
persons who report, in good faith, instances of elder
abuse, neglect, and exploitation, from prosecution
under any State or local law arising out of such re-
porting.
‘‘(2) TRAINING.—An assurance that individuals
who provide services to prevent and to remediate elder
abuse, neglect, and exploitation are trained to effec-
tively deal with such reported instances.
‘‘(3) PROHIBITION OF INVOLUNTARY PARTICIPA-
TION.—An assurance that involuntary or coerced par-
ticipation in services provided under this subtitle by
alleged victims, abusers, or members of their house-
holds will not be permitted.
‘‘(4) CONFLICT
OF
INTEREST.—An assurance
that the State requires all information gathered in the
course of receiving reports on instances of, and of
making referrals relating to elder abuse, neglect, and
exploitation remain confidential—
‘‘(A) unless all parties to such complaint
consent in writing to the release of such informa-
tion,
145
‘‘(B) unless the release of such information
is to a law enforcement agency, public protective
service agency, licensing or certification agency,
ombudsman program, or protection or advocacy
system, or
‘‘(C) except upon court order.
‘‘(5) CONFLICTS
WITH
OTHER
AGENCIES.—An
assurance that the State agency will make all reason-
able efforts to resolve any conflicts with other public
agencies with respect to confidentiality of the infor-
mation described in paragraph (4).
‘‘(6) COORDINATION.—An assurance that the
State agency will coordinate its services under this
subtitle with law enforcement officials, courts of com-
petent jurisdiction, and other relevant State and local
programs, including area agencies on aging and
agencies that administer adult protective services,
medicaid fraud and abuse services (including services
provided by a State Medicaid fraud control unit, as
defined in section 1903(q) of the Social Security Act
(42 U.S.C. 1396b(q)), and victim assistance pro-
grams.
‘‘(7) PARTICIPATION IN DECISIONS.—An assur-
ance that older individuals participate in decisions
regarding their welfare.
146
‘‘(8) OTHER ACTIVITIES.—A description of other
activities that the State agency determines to be bene-
ficial in the prevention and remediation of abuse, ne-
glect, or exploitation of older individuals and intends
to carry out under this subtitle.
‘‘SEC. 442. MANNER OF PROVIDING OF SERVICES.
‘‘The State agency may provide services under section
441 to prevent and to remediate elder abuse, neglect, and
exploitation either directly or through contracts or agree-
ments with public or nonprofit private agencies or organi-
zations, including—
‘‘(1) other State entities,
‘‘(2) area agencies on aging,
‘‘(3) political subdivisions of the State,
‘‘(4) institutions of higher education,
‘‘(5) tribal organizations and Alaska Native or-
ganizations, and
‘‘(6) nonprofit service providers or volunteer or-
ganizations.
‘‘Subtitle D—Administrative Provi-
sions; Authorizations of Appro-
priations
‘‘SEC. 491. TECHNICAL ASSISTANCE.
‘‘(a) OTHER AGENCIES.—In carrying out this title, the
Assistant Secretary may request the technical assistance
147
and cooperation of such Federal entities as may be appro-
priate.
‘‘(b) ASSISTANT
SECRETARY.—The Assistant Sec-
retary shall provide technical assistance and training (by
contract, grant, or otherwise) to individuals and entities
that administer activities carried out in accordance with
subtitle B or C.
‘‘SEC. 492. AUDITS.
‘‘(a) ACCESS.—The Assistant Secretary, the Comp-
troller General of the United States, and any duly author-
ized representative of the Assistant Secretary or the Comp-
troller shall have access, for the purpose of conducting an
audit or examination, to any books, documents, papers, and
records that are pertinent to financial assistance received
to carry out subtitle B or C.
‘‘(b) LIMITATION.—In carrying out subtitles B and C,
State agencies and area agencies on aging shall not request
information or data from providers that is not pertinent
to services furnished under such subtitles or to a payment
made for the services provided under such subtitles.
‘‘SEC. 493. AUTHORIZATIONS OF APPROPRIATIONS.
‘‘There are authorized to be appropriated to carry out
this title $12,400,000 for fiscal year 2000 and such sums
as may be necessary for fiscal years 2001, 2002, 2003, and
2004.
148
‘‘TITLE V—COMMUNITY SERVICE
EMPLOYMENT 
FOR 
OLDER
AMERICANS
‘‘SEC. 501. SHORT TITLE.
‘‘This title may be cited as the ‘Older American Com-
munity Service Employment Act of 1999’.
‘‘SEC. 502. ALLOTMENT AND RESERVATION OF FUNDS FOR
COMMUNITY SERVICE EMPLOYMENT.
‘‘(a) ALLOTMENT OF FUNDS FOR FISCAL YEARS 2000–
2004.—
‘‘(1) BASE
ALLOTMENT.—The amount appro-
priated under section 506 for each of the fiscal years
2000 through 2004 shall be allotted by the Secretary
of Labor with respect to the States as follows:
‘‘(A) For each of the fiscal years 2000,
2001, 2002, 2003, and 2004 such amount appro-
priated for such fiscal year, to the extent such
amount does not exceed the aggregate amount the
Secretary reserved under section 506(a)(1)(A) of
the Older Americans Act of 1965 to carry out
title V of such Act for fiscal year 1999, shall be
allotted with respect to the States proportion-
ately based on the sum of the respective shares of
such aggregate amount expended in the States to
carry out such title for such fiscal year.
149
‘‘(B) If such amount appropriated for any
of such fiscal years exceeds such aggregate
amount, the excess amount shall be allotted in
accordance with paragraph (2).
‘‘(2) ALLOTMENTS BASED ON AGE AND PER CAP-
ITA INCOME.—Each amount referred to in paragraph
(1)(B) shall be allotted as follows:
‘‘(A) Subject to subparagraph (B), with re-
spect to each State there shall be allotted the
amount that bears the same ratio to the amount
so referred to as the product of the number of in-
dividuals 55 years of age or older in the State
and the allotment percentage of the State bears
to the sum of the corresponding products for all
the States.
‘‘(B) The amounts allotted under subpara-
graph (A) shall be reduced proportionately to the
extent necessary to increase other allotments
under such subparagraph to achieve the fol-
lowing:
‘‘(i) With respect to each State there
shall be allotted 1⁄2 of 1 percent of the
amount appropriated for the fiscal year for
which the determination is made.
150
‘‘(ii) With respect to each of Guam,
American Samoa, the Virgin Islands of the
United States, and the Commonwealth of
the Northern Mariana Islands there shall be
allotted not less than 1⁄4 of 1 percent of the
amount appropriated for the fiscal year for
which 
the 
determination 
is 
made 
or
$50,000, whichever is greater.
‘‘(3) ALLOTMENT PERCENTAGE.—For purposes of
paragraph (2)(A)—
‘‘(A) except as provided in subparagraph
(B), the allotment percentage of each State shall
be 100 percent less that percentage which bears
the same ratio to 50 percent as the per capita
income of the State bears to the aggregate per
capita income of all the States, except that the
allotment percentage shall be not more than 75
percent and not less than 331⁄3 percent, and
‘‘(B) the allotment percentage for the Dis-
trict of Columbia, the Commonwealth of Puerto
Rico, Guam, American Samoa, the Virgin Is-
lands of the United States, and the Common-
wealth of the Northern Mariana Islands shall be
75 percent.
151
‘‘(4) LIMITATION.—For purposes of paragraphs
(2)(B)(i) and (3)(A), the term ‘State’ does not include
Guam, American Samoa, the Virgin Islands of the
United States, or Commonwealth of the Northern
Mariana Islands.
‘‘(5) POPULATION AND PER CAPITA INCOME DE-
TERMINATIONS.—For purposes of this subsection, the
number of individuals 55 years of age or older in
each State, and the per capita income of each State,
shall be determined by the Secretary on the basis of
the most satisfactory data available to the Secretary.
‘‘(b) RESERVATION OF ALLOTTED FUNDS.—Subject to
subsection (c), the Secretary shall reserve funds allotted
under subsection (a) as follows:
Allotment with Respect to
the State for Fiscal Year:
Percent of Allotment Reserved
for Grants to National Orga-
nizations to Carry Out
Projects in the State:
Percent of Allot-
ment Reserved for
Grants to the
State:
2000
73.4
26.6
2001
68.8
31.2
2002
64.2
35.8
2003
59.6
40.4
2004
45.
‘‘(c) 
PENALTY
ADJUSTMENT
TO
RESERVED
AMOUNTS.—(1) If the recipient of a grant under section
503(a)(1) fails (directly or through the operation of projects
carried out under agreements made under section 503(b)
by such recipient) in a fiscal year to comply with the re-
quirements of this title or fails to substantially meet the
applicable performance standards in effect under section
152
503(h), then the Secretary may, in the discretion of the Sec-
retary, reduce the amount of the grant such recipient would
receive under section 503(a)(1) in the succeeding fiscal year
but for the operation of this subsection, by an amount, based
on the extent of the failure but not to exceed 15 percent
of such grant for such succeeding fiscal year, and—
‘‘(A) if such recipient is a State, may make the
amount of the reduction in such grant available to
make grants under section 503(a)(1) to eligible orga-
nizations to carry out projects in such State, or
‘‘(B) if such recipient is an organization, may
make the amount of the reduction in such grant
available to make grants under section 503(a)(1) to—
‘‘(i) the State in which such recipient car-
ried out the project that is the basis of the reduc-
tion, or
‘‘(ii) other eligible organizations to carry
out projects in the State referred to in clause (i).
‘‘(2) If the recipient of a grant under section 503(a)(1)
fails in 3 consecutive fiscal years (directly or through the
operation of projects carried out under agreements made
under section 503(b) by such recipient) to comply with the
requirements of this title or to substantially meet the appli-
cable performance standards in effect under section 503(h),
then the Secretary shall make the applicable reduction de-
153
scribed in paragraph (1) and may make the amount of such
reduction available to make grants in accordance with sub-
paragraphs (A) and (B) of such paragraph.
‘‘(3) In making any reduction under paragraph (1)
or (2), the Secretary shall ensure, to the maximum extent
practicable, that older individuals who were employed im-
mediately before such reduction is made, in projects for
which the reduced grant will be used shall continue to be
employed in projects for which agreements are made under
section 503(b) for such succeeding fiscal year.
‘‘SEC. 503. OLDER AMERICAN COMMUNITY SERVICE EM-
PLOYMENT PROGRAM.
‘‘(a) AUTHORITY FOR PROGRAM.—(1) With funds re-
served under section 502(b), the Secretary shall make grants
to eligible States, and on a competitive basis taking into
account performance reports submitted under subsection (j)
or other information relating to past performance similar
to performance of the kind described in such reports, to pub-
lic and nonprofit private national organizations, for the
purpose of providing to unemployed low-income older indi-
viduals who have poor employment prospects, employment
opportunities in providing community services.
‘‘(2)(A)(i) Subject to clause (ii), not less than 85 per-
cent of each grant made under paragraph (1), and not less
than 85 percent of the funds received by an entity under
154
each agreement made under subsection (b), shall be used to
pay wages and benefits for older individuals who are em-
ployed under agreements made under subsection (b).
‘‘(ii) On the request of the recipient of such grant and
based on information submitted to the Secretary by such
applicant, the Secretary may waive the requirement speci-
fied in clause (i) applicable to entities that make agree-
ments under subsection (b) with such applicant, so as to
permit such applicant to allow any of such entities to use
not more than 5 percent (in the aggregate) of the funds re-
ceived under their respective agreements—
‘‘(I) to provide employment-related counseling to
such individuals,
‘‘(II) to provide employment-related supportive
services to such individuals, and
‘‘(III) to pay employment-related transportation
costs,
if the Secretary determines that the use of additional funds
is necessary to carry out the activities described in sub-
clauses (I), (II), or (III).
‘‘(B)(i) Except as provided in clause (ii), not more
than 13.5 percent of such grant may be used to pay admin-
istrative costs and costs incurred—
‘‘(I) to provide the training described in sub-
section (c)(2)(H), and
155
‘‘(II) to perform the assessment described in sub-
section (c)(2)(L).
‘‘(ii) At the request of the recipient of a grant made
under paragraph (1) and based on information submitted
to the Secretary by such recipient, the Secretary may per-
mit such recipient to use a greater part of such grant, but
not more than 15 percent of such grant, to pay the adminis-
trative costs described in clause (i) if the Secretary deter-
mines that the use of such greater part to pay such costs
is necessary to carry out the projects with respect to which
such request is made.
‘‘(C) To the maximum extent practicable, an entity
that carries out a project under an agreement made under
subsection (b) shall provide for the payment of the costs de-
scribed in subparagraph (B) from non-Federal sources.
‘‘(b) ELIGIBILITY FOR GRANTS.—To be eligible to re-
ceive a grant under subsection (a), a State, or public or
private nonprofit national organization, shall submit to the
Secretary an application in such form and containing such
information as the Secretary may require by rule, includ-
ing an assurance that such grant will be used by the State
or the organization to carry out projects (excluding projects
involving the construction, operation, or maintenance of
any facility used or to be used as a place for sectarian reli-
gious instruction or worship) for the purpose specified in
156
subsection (a) through the following types of agreements
that satisfy the requirements of subsection (c) and that pro-
vide for meeting specifications the State or the organization
shall establish and the performance standards in effect
under subsection (i):
‘‘(1) Agreements may be made by the State or
the organization with—
‘‘(A) public or nonprofit private agencies or
organizations,
‘‘(B) political subdivisions of States having
elected or duly appointed governing officials (or
combinations of such political subdivisions),
‘‘(C) tribal organizations,
‘‘(D) area agencies on aging, and
‘‘(E) national organizations, and State and
local affiliates of national organizations,
to pay the cost of providing part-time employment
to older individuals described in subsection (a).
‘‘(2) At the election of the State or the organiza-
tion, not more than 5 percent of the grant received
under subsection (a) may be used to make agreements
with businesses (giving special consideration to busi-
nesses in growth industries) to pay not more than 50
percent of the cost of providing part-time or full-time
157
employment to older individuals described in sub-
section (a).
‘‘(c) REQUIREMENTS.—Subject to subsection (d), this
subsection shall apply to agreements made under subsection
(b).
‘‘(1) Each such agreement shall be made after
consideration of the following, as demonstrated by the
entity that proposes to carry out a project to provide
employment to older individuals described in sub-
section (a):
‘‘(A) The ability of such entity to provide
community service employment and to satisfy
the requirements of this title.
‘‘(B) The ability to meet applicable speci-
fications and performance standards referred to
in subsection (b).
‘‘(C) The ability to provide employment-re-
lated supportive services to assist older individ-
uals described in subsection (a) to participate in
employment provided by the project.
‘‘(D) The effective use of funds to be received
under such agreement, to pay administrative
costs of the project and to pay wages and benefits
for such individuals who are participating in
employment provided by the project.
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‘‘(2) Each such agreement shall provide that no
payment shall be made by the State, or by the public
or nonprofit private national organization toward the
cost of the project unless the State or the organization
determines that the project, and the entity that car-
ries out the project, will satisfy all of the following:
‘‘(A)(i) The entity that carries out the
project will use funds received under such agree-
ment that are attributable to a grant made
under subsection (a) or any other Federal law,
to pay not more than 85 percent of the cost of
the project.
‘‘(ii) The non-Federal share of such cost will
be contributed in cash or in kind. In deter-
mining the amount of the non-Federal share, the
Secretary may attribute fair market value to
services and facilities contributed from non-Fed-
eral sources.
‘‘(B) The project will provide employment
only for older individuals described in subsection
(a), except for necessary technical, administra-
tive, and supervisory personnel, but such per-
sonnel shall, to the fullest extent possible, be re-
cruited from among older individuals described
in subsection (a).
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‘‘(C)(i) If such agreement is made with a
State, the project will provide employment for
such individuals in the community in which
such individuals reside, or in nearby commu-
nities.
‘‘(ii) If such agreement is made with a trib-
al organization, the project will provide employ-
ment for such individuals who are Indians resid-
ing on or near an Indian reservation.
‘‘(D) The project (except with respect to an
agreement described in subsection (b)(2)) will
employ such individuals in services related to
publicly owned and operated facilities and
projects, or related to projects sponsored by orga-
nizations (other than political parties) described
in section 501(c)(3) of the Internal Revenue Code
of 1986 that are exempt from taxation under sec-
tion 501(a) of such Code.
‘‘(E) The project will contribute to the gen-
eral welfare of the community.
‘‘(F) The project will—
‘‘(i) result in an increase in employ-
ment opportunities over those opportunities
that would otherwise be available,
160
‘‘(ii) not result in the displacement of
currently employed workers (including par-
tial displacement, such as a reduction in
the hours of nonovertime work or wages or
employment benefits), and
‘‘(iii) not impair existing contracts or
result in the substitution of Federal funds
for other funds in connection with work
that would otherwise be performed.
‘‘(G) The project will utilize methods of re-
cruitment and selection (including listing of job
vacancies with the employment agency operated
by any State or political subdivision thereof)
that will ensure that the maximum number of
older individuals described in subsection (a) will
have an opportunity to participate in the
project.
‘‘(H)(i) The project will include such train-
ing as may be necessary to make the most effec-
tive use of the skills and talents of such individ-
uals who are participating and assist in their
transition into employment for which no finan-
cial assistance is provided under this title, and
may provide for the payment of the reasonable
expenses of such individuals being trained.
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‘‘(ii) Unless the number of such individuals
in need of the training required by clause (i) is
sufficient to justify the establishment of a train-
ing program by the project, such training shall
be provided, to the maximum extent practicable,
by the project by placing such individuals in
training programs for which Federal or State
funds are provided under another law. Such in-
dividuals who participate in such training pro-
grams shall be deemed to have received the train-
ing required by clause (i).
‘‘(I) The project will provide to older indi-
viduals described in subsection (a) who are em-
ployed in the project, wages at rates that are—
‘‘(i) the same rates (including periodic
increases) as employees who are similarly
situated in similar occupations by the same
employer and who have similar training,
experience, and skills, and
‘‘(ii) in accordance with applicable
law but are not less than the higher of the
rate specified in section 6(a)(1) of the Fair
Labor Standards Act of 1938 (29 U.S.C.
206(a)(1)) or rate required by the applica-
ble State or local minimum wage law.
162
‘‘(J) The project will be established or ad-
ministered with the advice of individuals com-
petent in the field of service in which employ-
ment is being provided, and of individuals who
are knowledgeable with regard to the needs of
older individuals.
‘‘(K) The project may authorize payment
for reasonable transportation costs of older indi-
viduals described in subsection (a) that may be
incurred in employment in the project.
‘‘(L) The project will prepare an assessment
of—
‘‘(i) the participating older individ-
uals’ skills and talents,
‘‘(ii) their need for supportive services,
and
‘‘(iii) their ability to perform commu-
nity service employment,
except to the extent the project has, for the par-
ticular participant involved, an assessment of
such skills and talents, such need, or such capa-
bilities prepared recently pursuant to another
employment or training program.
‘‘(M) The project will, to the maximum ex-
tent feasible, serve the needs of minority, limited