‘‘(A) facilitate accessibility to, and utiliza-
tion of, all supportive services and nutrition
services provided within the geographic area
served by such system by any public or private
agency or organization,
‘‘(B) develop and make the most efficient
use of supportive services and nutrition services
in meeting the needs of older individuals,
‘‘(C) use available resources efficiently and
with a minimum of duplication, and
‘‘(D) encourage and assist public and pri-
vate entities that have unrealized potential for
meeting the service needs of older individuals to
assist the older individuals on a voluntary basis.
‘‘(17) DISABILITY.—The term ‘disability’ means
(except when such term is used in the phrase ‘severe
disability’, ‘developmental disabilities’, ‘physical and
mental disabilities’, or ‘physical disabilities’) a dis-
ability attributable to mental or physical impair-
ment, or a combination of mental and physical im-
pairments, that results in substantial functional limi-
tations in 1 or more of the following areas of major
life activity: (A) self-care, (B) receptive and expres-
sive language, (C) learning, (D) mobility, (E) self-di-
rection, (F) capacity for independent living, (G) eco-
nomic self-sufficiency, (H) cognitive functioning, and
(I) emotional adjustment.
‘‘(18) ELDER
ABUSE.—The term ‘elder abuse’
means abuse of an older individual.
‘‘(19) ELDER
ABUSE, NEGLECT, AND
EXPLOI-
TATION.—The term ‘elder abuse, neglect, and exploi-
tation’ means abuse, neglect, and exploitation, of an
older individual.
‘‘(20) ELECTION.—When referring to an election
for Federal office, the term ‘election’ has the meaning
given such term by section 301(1) of the Federal Elec-
tion Campaign Act of 1971 (Public Law 92–225).
‘‘(21) EXPLOITATION.—The term ‘exploitation’
means the illegal or improper act or process of an in-
dividual, including a caregiver, using the resources of
an older individual for monetary or personal benefit,
profit, or gain.
‘‘(22) FEDERAL OFFICE.—The term ‘Federal of-
fice’ has the meaning given such term in section
301(3) of the Federal Election Campaign Act of 1971
(Public Law 92–225).
‘‘(23) FOCAL
POINT.—The term ‘focal point’
means an entity that maximizes the collocation and
coordination of services for older individuals.
‘‘(24) FRAIL.—The term ‘frail’ means, with re-
spect to an older individual in a State, that the older
individual is determined to be functionally impaired
because the individual—
‘‘(A)(i) is unable to perform at least two ac-
tivities of daily living without substantial
human assistance, including verbal reminding,
physical cueing, or supervision, or
‘‘(ii) at the option of the State, is unable to
perform at least three such activities without
such assistance, or
‘‘(B) due to a cognitive or other mental im-
pairment, requires substantial supervision be-
cause the individual behaves in a manner that
poses a serious health or safety hazard to the in-
dividual or to another individual.
‘‘(25) GREATEST
ECONOMIC
NEED.—The term
‘greatest economic need’ means the need resulting
from an income level at or below the poverty line.
‘‘(26) GREATEST
SOCIAL
NEED.—The term
‘greatest social need’ means the need caused by non-
economic factors that include—
‘‘(A) physical and mental disabilities,
‘‘(B) language barriers, and
‘‘(C) cultural, social, or geographical isola-
tion caused by racial or ethnic status, that—
‘‘(i) restricts the ability of an individ-
ual to perform normal daily tasks, or
‘‘(ii) threatens the capacity of the indi-
vidual to live independently.
‘‘(27) IN-HOME SERVICES.—The term ‘in-home
services’ includes—
‘‘(A) homemaker and home health aides,
‘‘(B) visiting and telephone reassurance,
‘‘(C) chore maintenance,
‘‘(D) in-home respite care for families, and adult
day care as a respite service for families,
‘‘(E) minor modification of homes that is nec-
essary to facilitate the ability of older individuals to
remain at home and that is not available under other
programs, except that not more than $150 per client
may be expended under this part for such modifica-
tion,
‘‘(F) personal care services, and
‘‘(G) other in-home services as defined—
‘‘(i) by the State agency in the State plan
submitted in accordance with section 304, and
‘‘(ii) by the area agency on aging in the
area plan submitted in accordance with section
305.
‘‘(28) INDIAN.—The term ‘Indian’ means an In-
dian who is a member of an Indian tribe.
‘‘(29) INDIAN TRIBE.—The term ‘Indian tribe’
means any tribe, band, nation, or other organized
group or community of Indians that is—
‘‘(A) recognized as eligible for the special
programs and services provided by the United
States to Indians because of their status as Indi-
ans, or
‘‘(B) located on, or in proximity to, a Fed-
eral or State reservation or rancheria,
except that subparagraph (B) shall not apply for pur-
poses of title II.
‘‘(30) INFORMATION AND ASSISTANCE SERVICE.—
The term ‘information and assistance service’ means
a service for older individuals that—
‘‘(A) provides the individuals with current
information on opportunities and services avail-
able to the individuals within their communities,
including information relating to assistive tech-
nology,
‘‘(B) assesses the problems and capacities of
the individuals,
‘‘(C) links the individuals to the opportuni-
ties and services that are available,
‘‘(D) to the maximum extent practicable,
ensures that the individuals receive the services
needed by the individuals, and are aware of the
opportunities available to the individuals, by es-
tablishing adequate followup procedures, and
‘‘(E) serves the entire community of older
individuals, particularly—
‘‘(i) older individuals with greatest so-
cial need, and
‘‘(ii) older individuals with greatest
economic need.
‘‘(31) INFORMATION AND REFERRAL.—The term
‘information and referral’ includes information relat-
ing to assistive technology.
‘‘(32) LEGAL ASSISTANCE.—The term ‘legal as-
sistance’—
‘‘(A) means legal advice and representation
provided by an attorney to older individuals
with economic or social needs, and
‘‘(B) includes—
‘‘(i) to the extent feasible, counseling or
other appropriate assistance by a paralegal
or law student under the direct supervision
of an attorney, and
‘‘(ii) counseling or representation by a
nonlawyer where permitted by law.
‘‘(33) LONG-TERM
CARE
FACILITY.—The term
‘long-term care facility’ means—
‘‘(A) any skilled nursing facility, as defined
in section 1819(a) of the Social Security Act (42
U.S.C. 1395i–3(a)),
‘‘(B) any nursing facility, as defined in sec-
tion 1919(a) of the Social Security Act (42
U.S.C. 1396r(a)),
‘‘(C) for purposes of section 304(a)(8), a
board and care facility, or
‘‘(D) any other adult care home similar to
a facility or institution described in subpara-
graph (A), (B), or (C).
‘‘(34) 
LOW-INCOME.—The 
term 
‘low-income’
means—
‘‘(A) for purposes of chapter 4 of subtitle A
of title III, income that is not more than 125
percent of the poverty line, and
‘‘(B) for purposes of title IV—
‘‘(i) income that is not more than 125
percent of the poverty line, or
‘‘(ii) income that is not more than 100
percent of such poverty line, as so adjusted
and determined after taking into consider-
ation existing poverty guidelines as appro-
priate to local situations.
‘‘(35) MULTIPURPOSE
SENIOR
CENTER.—The
term ‘multipurpose senior center’ means a community
facility for the organization and provision of a broad
spectrum of services, which shall include provision of
health (including mental health), social, nutritional,
and educational services and the provision of facili-
ties for recreational activities for older individuals.
‘‘(36) NATIVE
AMERICAN.—The term ‘Native
American’ means—
‘‘(A) an Indian,
‘‘(B) an Alaska Native, or
‘‘(C) a Native Hawaiian.
‘‘(37) NATIVE HAWAIIAN.—The term ‘Native Ha-
waiian’ means any individual any of whose ancestors
were natives of the area that consists of the Hawaiian
Islands prior to 1778,
‘‘(38) NEGLECT.—The term ‘neglect’ means—
‘‘(A) the failure to provide for oneself the
goods or services that are necessary to avoid
physical harm, mental anguish, or mental ill-
ness, or
‘‘(B) the failure of a caregiver to provide the
goods or services.
‘‘(39) NONPROFIT.—The term ‘nonprofit’ as ap-
plied to any agency, institution, or organization
means an agency, institution, or organization that is,
or is owned and operated by, one or more corpora-
tions or associations no part of the net earnings of
which inures, or may lawfully inure, to the benefit of
any private shareholder or individual.
‘‘(40) OLDER INDIVIDUAL.—The term ‘older in-
dividual’ means—
‘‘(A) except for purposes of chapter 4 of sub-
title A of title III, and title IV, an individual
who is 60 years of age or older, and
‘‘(B) for purposes of chapter 4 of subtitle A
of title III, and title IV, an individual who is
55 years of age or older.
‘‘(41) PHYSICAL
HARM.—The term ‘physical
harm’ means bodily injury, impairment, or disease.
‘‘(42) PLANNING AND SERVICE AREA.—The term
‘planning and service area’ means an area designated
by a State agency under section 303(a)(1)(E), includ-
ing a single planning and service area described in
section 303(b)(1)(E).
‘‘(43) POVERTY LINE.—The term ‘poverty line’
means the official poverty line (as defined by the Of-
fice of Management and Budget, and adjusted by the
Secretary in accordance with section 673(2) of the
Community Services Block Grant Act (42 U.S.C.
9902(2)).
‘‘(44) REPRESENTATIVE PAYEE.—The term ‘rep-
resentative payee’ means a person who is appointed
by a governmental entity to receive, on behalf of an
older individual who is unable to manage funds by
reason of a physical or mental incapacity, any funds
owed to such individual by such entity.
‘‘(45) SECRETARY.—The term ‘Secretary’ means
the Secretary of Health and Human Services.
‘‘(46) SEVERE
DISABILITY.—The term ‘severe
disability’ means a severe, chronic disability attrib-
utable to mental or physical impairment, or a com-
bination of mental and physical impairments, that—
‘‘(A) is likely to continue indefinitely, and
‘‘(B) results in substantial functional limi-
tation in 3 or more of the major life activities
specified in subparagraphs (A) through (G) of
paragraph (17).
‘‘(47) STATE.—The term ‘State’ means any of
the several States, the District of Columbia, the Vir-
gin Islands of the United States, the Commonwealth
of Puerto Rico, Guam, American Samoa, or the Com-
monwealth of the Northern Mariana Islands.
‘‘(48) STATE AGENCY.—The term ‘State agency’
means the agency designated under section 303(a)(1).
‘‘(49) SUPPORTIVE
SERVICE.—The term ‘sup-
portive service’ means a service described in section
321(a).
‘‘(50) TRIBAL ORGANIZATION.—The term ‘tribal
organization’ means—
‘‘(A) except for purposes of title II and
chapter 4 of subtitle A of title III,
‘‘(i) the recognized governing body of
an Indian tribe, or
‘‘(ii) the legally established organiza-
tion of Indians that is controlled, sanc-
tioned, or chartered by the governing body
of an Indian tribe,
‘‘(B) for purposes of title II—
‘‘(i) an entity described in clause (i) or
(ii) of subparagraph (A), or
‘‘(ii) a legally established organization
of Indians that is democratically elected by
the adult members of the Indian community
to be served by such organization and that
includes the maximum participation of In-
dians in all phases of its activities, and
‘‘(C) for purposes of chapter 4 of subtitle A
of title III, a public or nonprofit private organi-
zation that is primarily controlled by, and com-
prised of, Indians or Indian tribes.
‘‘(51) UNIT OF GENERAL PURPOSE LOCAL GOV-
ERNMENT.—The term ‘unit of general purpose local
government’ means—
‘‘(A) a political subdivision of the State
whose authority is general and not limited to
only one function or combination of related func-
tions, or
‘‘(B) a tribal organization.
‘‘Subtitle B—Administration
‘‘SEC. 
111. 
ESTABLISHMENT 
OF 
ADMINISTRATION 
ON
AGING.
‘‘(a) ESTABLISHMENT.—There is established in the Of-
fice of the Secretary, an Administration on Aging which
shall be headed by an Assistant Secretary for Aging. This
Act shall be administered through the Administration and
under the supervision of the Secretary.
‘‘(b) ASSISTANT
SECRETARY.—The Assistant Sec-
retary shall be appointed by the President by and with the
advice and consent of the Senate.
‘‘(c) DESIGNATION RELATING TO ADMINISTRATION OF
PROGRAMS AFFECTING NATIVE AMERICANS.—The Assist-
ant Secretary—
‘‘(1) may establish an Office on Native Ameri-
cans within the Administration; and
‘‘(2) shall designate an individual in the Admin-
istration who has expertise with respect to programs
and services affecting Native Americans, who shall be
responsible, under the supervision of the Assistant
Secretary, for the administration of title II and for
coordination of other programs, projects, and activi-
ties carried out under this Act that affect Native
Americans.
‘‘(d) DESIGNATION RELATING TO THE ADMINISTRA-
TION
OF STATE LONG-TERM CARE OMBUDSMAN PRO-
GRAMS.—The Assistant Secretary shall designate an indi-
vidual in the Administration who shall be responsible,
under the supervision of the Assistant Secretary, for the
Federal administrative activities relating to State long-
term care ombudsman programs.
partment of Health and Human Services and with
other departments, agencies, and instrumentalities of
the Federal Government by maintaining active review
of and commenting on responsibilities of all Federal
policies affecting older individuals.
‘‘(2) INFORMATION.—To collect and disseminate
information related to problems of older individuals
and aging.
‘‘(3) ASSISTANCE TO SECRETARY.—To directly
assist the Secretary in all matters pertaining to prob-
lems of older individuals and aging.
‘‘(4) 
ADMINISTRATION.—To 
administer 
the
grants provided and contracts made under this Act.
‘‘(5) TECHNICAL ASSISTANCE.—To provide tech-
nical assistance and consultation to States, and polit-
ical subdivisions of States, with respect to programs
for older individuals and aging.
‘‘(6) EDUCATIONAL
MATERIALS.—To prepare,
publish, and disseminate educational materials deal-
ing with the welfare of older individuals.
‘‘(7) STATISTICS.—To gather statistics in the
field of aging that other Federal agencies are not col-
lecting, and to take whatever action is necessary to
achieve coordination of activities carried out or as-
sisted by all departments, agencies, and instrumental-
ities of the Federal Government with respect to the
collection, preparation, and dissemination of infor-
mation relevant to older individuals.
‘‘(8) PLANNING.—To coordinate, and to assist in,
the planning and development by public (including
Federal, State, and local agencies) and private orga-
nizations of programs for older individuals to facili-
tate the establishment of a nationwide network of
comprehensive, coordinated services and opportunities
for older individuals.
‘‘(9) STATISTICAL
DATA
REGARDING
ASSISTED
ACTIVITIES.—To collect for each fiscal year, for fiscal
years beginning after September 30, 1996, directly or
by contract, statistical data regarding programs,
projects, and activities carried out with funds pro-
vided under this Act, including—
‘‘(A) with respect to each type of service or
activity provided with such funds—
‘‘(i) the aggregate amount of such
funds expended to provide such service or
activity,
‘‘(ii) the number of individuals who re-
ceived such service or activity, and
‘‘(iii) the number of units of such serv-
ice or activity provided,
‘‘(B) the number of multipurpose senior
centers that received such funds.
‘‘(10) UNIFORM
DATA
COLLECTION
PROCE-
DURES.—To design and implement, for purposes of
compliance with paragraph (9), uniform data collec-
tion procedures for use by State agencies, including—
‘‘(A) uniform definitions and nomenclature,
‘‘(B) standardized data collection proce-
dures,
‘‘(C) procedures for collecting information
on gaps in services needed by older individuals,
as identified by service providers in assisting cli-
ents through the provision of the supportive serv-
ices, and
‘‘(D) procedures for the assessment of the
unmet need for services under this Act.
‘‘(11) RESEARCH.—To develop and arrange for
research in the field of aging, based on consultations
with individuals and organizations knowledgeable in
the field of aging.
‘‘(12) 
INFORMATION
ON
COMMUNITY
RE-
SOURCES.—To establish and operate, directly or by
grant or contract, nationwide a toll-free telephone line
by which individuals may obtain information and as-
sistance to locate community resources that may be
available to older individuals and their caregivers.
‘‘SEC. 113. FEDERAL AGENCY CONSULTATION.
‘‘The Assistant Secretary, in carrying out the purpose
and provisions of this Act, shall coordinate, advise, consult
with, and cooperate with the head of each department, agen-
cy, or instrumentality of the Federal Government proposing
or administering programs or services substantially related
to the purpose of this Act, with respect to such programs
or services. The head of each department, agency, or instru-
mentality of the Federal Government proposing to establish
or modify any program or service substantially related to
the purpose of this Act shall consult with and coordinate
with the Assistant Secretary.
‘‘SEC. 114. POWERS OF THE ASSISTANT SECRETARY.
‘‘(a) POWERS.—In carrying out this Act, the Assistant
Secretary may—
‘‘(1) provide consultative services and technical
assistance to public or nonprofit private agencies and
organizations,
‘‘(2) provide short-term training and technical
instruction,
‘‘(3) conduct research and demonstrations, and
‘‘(4) collect, prepare, publish, and disseminate
special educational or informational materials, in-
cluding reports on programs, projects, and activities
for which funds are provided under this Act.
‘‘(b) AUTHORITY TO MAKE GRANTS.—From funds ap-
propriated under section 120(a)(3), the Assistant Secretary
may make grants to public or nonprofit private agencies,
organizations, and institutions, and to tribal organizations,
and may enter into contracts with agencies, organizations,
institutions, and individuals for activities—
‘‘(1) to expand the Nation’s knowledge and un-
derstanding of older individuals and the aging proc-
ess,
‘‘(2) to design, to test, and to promote utilization
of innovative ideas and best practices in programs
and services for older individuals,
‘‘(3) to help meet the needs for trained personnel
in the field of aging, and
‘‘(4) to increase the awareness of citizens of all
ages of the need to assume personal responsibility for
their own aging through—
‘‘(A) education and training to develop an
adequately trained workforce to work with and
on behalf of older individuals,
‘‘(B) research and policy analysis to im-
prove access to and delivery of services for older
individuals,
‘‘(C) development of methods and practices
to improve quality and effectiveness of such serv-
ices,
‘‘(D) demonstration of new approaches to
design, delivery, and coordination of services and
activities for older individuals,
‘‘(E) technical assistance in planning, de-
velopment, implementation, evaluation, and im-
provement of programs, projects, and activities
under this Act, and
‘‘(F) dissemination of information on issues
related to aging, their impact on individuals
and society, and relating to services and activi-
ties benefiting older individuals.
‘‘SEC. 115. EVALUATIONS.
‘‘(a) DUTY OF SECRETARY.—The Secretary may meas-
ure and evaluate the impact and effectiveness of all pro-
grams, projects, and activities carried out with funds pro-
vided under this Act. Evaluations shall be conducted by per-
sons not immediately involved in the administration of the
programs, projects, and activities evaluated.
‘‘(b) SOURCES
OF EVALUATION INFORMATION.—In
carrying out evaluations under subsection (a), the Secretary
shall—
‘‘(1) to the maximum extent practicable, arrange
to obtain the opinions of participants in the pro-
grams, projects, and activities being evaluated, and
‘‘(2) consult with organizations concerned with
the welfare of older individuals.
‘‘SEC. 116. REPORTS.
‘‘Not later than 120 days after the end of each fiscal
year beginning after September 30, 1996, the Assistant Sec-
retary shall prepare and submit to the President and to
the Congress a complete report on the programs, projects,
and activities carried out under this Act in such fiscal year.
Such report shall include—
‘‘(1) statistical data reflecting services and ac-
tivities provided under this Act to older individuals
during the fiscal year for which such report is sub-
mitted,
‘‘(2) statistical data collected under section
112(9), and
‘‘(3) statistical data, and an analysis of infor-
mation, regarding the effectiveness of the State agency
and area agencies on aging in targeting services to
older individuals with greatest economic need and
older individuals with greatest social need.
‘‘SEC. 117. REDUCTION OF PAPERWORK.
‘‘In order to reduce unnecessary, duplicative, or dis-
ruptive demands for information, the Assistant Secretary,
in consultation with State agencies and other appropriate
agencies and organizations, shall continually review and
evaluate all requests by the Administration for information
under this Act and shall take such action as may be nec-
essary to reduce the paperwork required under this Act. The
Assistant Secretary shall request only such information as
the Assistant Secretary deems essential to carry out the pur-
pose and provisions of this Act and, in gathering such infor-
mation, shall make use of uniform service definitions to the
extent that such definitions are available.
‘‘SEC. 118. SURPLUS PROPERTY ELIGIBILITY.
‘‘Any State or local government agency, and any non-
profit organization or institution, that receives funds ap-
propriated for programs for older individuals under this
Act, under title IV or title XX of the Social Security Act,
under title VIII or X of Public Law 88–452 (commonly
known as the Economic Opportunity Act of 1964) or the
Community Services Block Grant Act, shall be deemed to
be eligible to receive for such programs, property that is
declared surplus to the needs of the Federal Government in
accordance with laws applicable to surplus property.
‘‘SEC. 119. BENEFIT TREATMENT UNDER OTHER LAWS.
‘‘No benefit (excluding wages, stipends, and cash al-
lowances 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. 120. AUTHORIZATION OF APPROPRIATIONS.
‘‘(a) IN GENERAL.—(1) For the expenses (including
salaries) of the Administration on Aging to carry out this
Act (other than section 114(b) and title IV), there are au-
thorized to be appropriated $17,069,000 for fiscal year 1997
and such sums as may be necessary for fiscal years 1998,
1999, 2000, and 2001.
‘‘(2) Of the amount appropriated under paragraph (1)
for each fiscal year, not more than $1,000,000 shall be
available to carry out section 112(12).
‘‘(3) There are authorized to be appropriated to carry
out section 114(b) $26,500,000 for fiscal year 1997 and such
sums as may be necessary for fiscal years 1998, 1999, 2000,
and 2001.
‘‘(b) TITLE IV.—For the expenses (including salaries)
of the Administration on Aging to carry out title IV, there
are authorized to be appropriated $24,000,000 for fiscal
year 1997 and such sums as may be necessary for fiscal
years 1998, 1999, 2000, and 2001.
‘‘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 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 unless an eligible organization submits an appli-
cation 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 the such orga-
nization if such organization is a tribal organi-
zation,
‘‘(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 the such orga-
nization if such organization is a tribal organi-
zation,
‘‘(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 the such orga-
nization if such organization is a tribal organi-
zation,
‘‘(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 this subsection (a), an eli-
gible organization may develop its own population statis-
tics, 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 a 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 1997
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 1996 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
organization or the Alaska Native organization for
fiscal year 1980, or to the organization serving Native
Hawaiians for fiscal year 1995, or
‘‘(2) an amount the Assistant Secretary consid-
ers to be sufficient if the tribal organization, the Alas-
ka Native organization, or the organization serving
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 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 $17,460,000 for fiscal year 1997 and such sums
as may be necessary for fiscal years 1998, 1999, 2000, and
2001.
‘‘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) and (C), the amounts appro-
priated under subsections (a) and (b) of section 381
for fiscal years 1997 through 2001 shall be allotted by
the Assistant Secretary among the States as follows:
‘‘(i) For each of the fiscal years 1997, 1998,
1999, and 2000—
‘‘(I) the product of such amount appro-
priated for such fiscal year and the base
percentage rate for such fiscal year shall be
allotted among the States proportionately
based on their respective shares of the funds
appropriated for fiscal year 1996 allotted to
the States to carry out titles III and VII of
the Older Americans Act of 1965, and
‘‘(II) the balance of the such amount
appropriated for such fiscal year shall be
allotted among the State proportionately
based on the population of individuals 60
years of age or older in the States.
‘‘(ii) For purposes of clause (i), the base
percentage rates are the following:
Fiscal year:
Base percentage rate:
1997 ....................................................................................
80 percent
1998 ....................................................................................
60 percent
1999 ....................................................................................
40 percent
2000 ....................................................................................
20 percent
‘‘(iii) Such amount appropriated for fiscal
year 2001 shall be allotted among the States pro-
portionately based on the population of individ-
uals 60 years of age or older in the States.
‘‘(B) The amounts allotted under subparagraph
(A) shall be reduced proportionately to the extent nec-
essary to increase other allotments under such sub-
paragraph 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 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) 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 politi-
cal 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 FUNDS FOR COMMUNITY SERVICE
EMPLOYMENT.—
‘‘(1) RESERVATION OF FUNDS FOR TRIBAL ORGA-
NIZATIONS.—
‘‘(A) AMOUNT RESERVED.—Of the amount
appropriated under subsection (c) of section 381
for each of the fiscal years 1997, 1998, 1999,
2000, and 2001, the Assistant Secretary shall re-
serve not more than 1.3 percent for making
grants under chapter 4 to tribal organizations.
‘‘(B) 
ADMINISTRATIVE
COSTS.—Of 
the
amounts reserved under subparagraph (A) for
grants to tribal organizations, such part of such
grants as the Secretary determines, but not more
than 7 percent, may be used by tribal organiza-
tions for administrative costs incurred by the
tribal organizations to carry out chapter 4.
‘‘(2) ALLOTMENT OF FUNDS FOR FISCAL YEARS
1997–2001.—(A) After reserving funds under para-
graph (1), the amount appropriated under subsection
(c) of section 381 for fiscal years 1997 through 2001
shall be allotted by the Assistant Secretary among the
States as follows:
‘‘(i) For each of the fiscal years 1997, 1998,
1999, 2000, and 2001, such amount appro-
priated for such fiscal year, to the extent such
amount does not exceed the amount appropriated
for fiscal year 1996 to carry out title V of the
Older Americans Act of 1965, shall be allotted
among the States proportionately based on the
sum of—
‘‘(I) their respective shares of the funds
appropriated for fiscal year 1996 allotted to
the States to carry out such title V, and
‘‘(II) the amount of such funds appro-
priated for fiscal year 1996 expended by
national organizations in the States, respec-
tively.
‘‘(ii) If such amount appropriated for any
of such fiscal years exceeds the amount appro-
priated for fiscal year 1996 to carry out title V,
the excess amount shall be allotted in accordance
with subparagraph (B).
‘‘(B) ALLOTMENTS BASED ON AGE AND PER CAP-
ITA INCOME.—Each amount referred to in subpara-
graph (A)(ii) shall be allotted as follows:
‘‘(i) Subject to clause (ii), each State shall
be allotted the amount that bears the same ratio
‘‘(1) ADMINISTRATION
OF
STATE
PLANS.—(A)
Except as provided in subparagraph (B), the greater
of 7 percent of the aggregate of the allotments made
to a State under subsections (a) and (b), or $800,000,
whichever is greater, shall be available to the State to
use in accordance with section 306(a) and for admin-
istrative costs incurred by the State to carry out
chapter 4.
‘‘(B) In the case of allotments made under sub-
sections (a) and (b) to Guam, American Samoa, the
Virgin Islands of the United States, and the Common-
wealth of the Northern Mariana Islands, 7 percent of
the aggregate of such allotments or $120,000, which-
ever is greater, shall be available to each to use in ac-
cordance with section 306(a) and for administrative
costs incurred by the State to carry out chapter 4.
‘‘(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, 3, and 4 unless additional funds
are made available by the Assistant Secretary,
‘‘(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.—(A) Of the allotments
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 85 percent, of the ad-
ministrative costs incurred to carry out area plans
submitted in accordance with section 305.
‘‘(B)(i) Of the allotments made under subsection
(a) to a State for a fiscal year and remaining after
the application of paragraph (1) and subparagraph
(A), such part as the State agency determines, but not
more than 5 percent of such remaining amount or
$500,000 (whichever is less), may be reserved by the
State until June 30 for distribution to area agencies
on aging in such State for the delivery of supportive
services (and related supplies) during any major dis-
aster declared by the President in accordance with the
Robert T. Stafford Disaster Relief and Emergency As-
sistance Act.
‘‘(ii) Any amount reserved under clause (i) that
is not distributed in accordance with such clause shall
be used as if this subparagraph were not in effect.
‘‘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 is-
sued 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 (e),
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—
‘‘(i) the views of recipients of support-
ive services, nutrition services, or commu-
nity 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 ac-
count—
‘‘(i) the geographical distribution of
older individuals in the State, and
‘‘(ii) the distribution among planning
and service areas of older individuals with
greatest economic need and older individ-
uals with greatest social need, 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 indi-
viduals, and include proposed methods to carry
out the preference in the State plan.
‘‘(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.—A State agency shall establish,
after consultation with area agencies on aging, procedures
to provide due process to affected parties, if the State agency
initiates an action or proceeding to change the designation
of any designated planning and service area or of any des-
ignated area agency on aging.
‘‘(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.—Each State, in order to be eligible for
grants from its allotment under section 302(a) for any fis-
cal year, 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 require-
ments:
‘‘(1) UNIFORM AREA PLAN FORMAT.—The plan
shall contain assurances that the State plan will be
based upon area plans developed by area agencies on
aging within the State designated under section
303(a)(2)(A) and that the State will prepare and dis-
tribute a uniform format for use by area agencies on
aging in developing area plans 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 and 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 establish a grievance procedure that
will afford an opportunity for a hearing upon request
to any agency on aging submitting a plan under sec-
tion 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)(i) Subparagraph (A) shall apply to case
management services only if such services are pro-
vided through an agency (other than the State agen-
cy) designated to provide case management services
under another law.
‘‘(ii) Subparagraph (A) shall not apply with re-
spect to information and assistance services and to
outreach.
‘‘(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 that
complies with all the following specifications:
‘‘(A) DUTIES.—The State agency shall—
‘‘(i) identify, investigate, and resolve
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
decisions 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 representative payees),
of providers (or representatives of pro-
viders) of long-term care services, pub-
lic agencies, or health and social serv-
ice agencies,
‘‘(ii) provide services to assist such
residents in protecting the health, safety,
welfare, and rights of such residents,
‘‘(iii) inform such residents about
means of obtaining services provided by
providers or agencies described in clause
(i)(II) or services described in clauses (i),
‘‘(iv) ensure that such residents have
regular and timely access to the services
provided through the State long-term care
ombudsman program and that such resi-
dents and complainants receive from pro-
gram representatives of the State agency
timely responses to complaints,
‘‘(v) represent the interests of such resi-
dents before governmental agencies and seek
administrative, legal, and other remedies to
protect the health, safety, welfare, and rights
of the residents,
‘‘(vi) provide administrative and tech-
nical assistance to entities designated under
subparagraph (F) to assist the entities in
participating in the program,
‘‘(vii) analyze, comment on, and mon-
itor the development and implementation of
Federal, State, and local laws, rules, and
other governmental policies and actions,
that pertain to the health, safety, welfare,
and rights of the residents, with respect to
the adequacy of long-term care facilities and
services in the State,
‘‘(viii) provide for training program
representatives of the State agency, and
‘‘(ix) carry out such other activities as
the State agency determines to be appro-
priate.
‘‘(B) CONTRACTS AND ARRANGEMENTS.—(i)
Except as provided in clause (ii), the State agen-
cy may carry out the program, directly, or by
contract or other arrangement with any public
agency or nonprofit private organization.
‘‘(ii) The State agency may not enter into
a contract or other arrangement described in
clause (i) with—
‘‘(I) an agency or organization that is
responsible for licensing or certifying long-
term care services in the State, or
‘‘(II) an association (or an affiliate of
such an association) of long-term care fa-
cilities, or of any other residential facilities
for older individuals.
‘‘(C) DESIGNATION OF LOCAL OMBUDSMAN
ENTITIES AND REPRESENTATIVES.—(i) In carry-
ing out the duties specified in subparagraph (A),
the State agency may designate an entity as a
local ombudsman entity, and may designate an
individual (including an employee or volunteer)
to represent the entity.
‘‘(ii) An individual so designated may, in
accordance with the policies and procedures es-
tablished 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 serv-
ice area of the entity have regular, timely
access to representatives of the State long-
term care ombudsman program and timely
responses to complaints and requests for as-
sistance,
‘‘(III) identify, investigate, and resolve
complaints 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 resi-
dents,
‘‘(IV) represent the interests of such
residents before government agencies and
seek administrative, legal, and other rem-
edies to protect the health, safety, welfare,
and rights of such residents,
‘‘(V) review, and if necessary, comment
on existing and proposed laws, rules, and
other government 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 actions,
‘‘(VII) support the development of resi-
dent and family councils, and
‘‘(VIII) carry out other activities that
the State agency determines to be appro-
priate.
‘‘(iii)(I) The State agency shall establish
policies and procedures for monitoring local om-
budsman entities designated to carry out the du-
ties specified in subparagraph (A).
‘‘(II) If the entities are grantees, or the rep-
resentatives are employees, of area agencies on
aging, the State agency shall develop the policies
after consultation with the area agencies on
aging. The policies shall provide for participa-
tion and comment by such agencies and for reso-
lution of concerns with respect to case activity.
‘‘(III) The State agency shall develop the
policies and procedures in accordance with all
provisions of this subtitle regarding confidential-
ity and conflict of interest.
‘‘(D) PROCEDURES FOR ACCESS.—The State
shall ensure, and shall establish procedures that
ensure, that program representatives of the State
agency shall have—
‘‘(i) access to long-term care facilities
and residents,
‘‘(ii)(I) appropriate access to review
the medical and social records of a resident,
if the representative has the permission of
the resident (or the legal representative of
the resident), or the resident is unable to
consent to the review and has no legal rep-
resentative, or
‘‘(II) access to such records as is nec-
essary to investigate a complaint if a legal
guardian of the resident refuses to give the
permission, a program representative of the
State agency has reasonable 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,
‘‘(iii) 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
‘‘(iv) access to and, on request, copies
of all licensing and certification records
maintained by the State with respect to
long-term care facilities.
‘‘(E) REPORTING SYSTEM.—The State agen-
cy shall collect and analyze data relating to com-
plaints and conditions in long-term care facili-
ties and to older individuals who are residents of
long-term care facilities, for the purpose of iden-
tifying and resolving significant problems.
‘‘(F) DISCLOSURE.—(i) The State agency
shall establish procedures for the disclosure by
the State agency or local ombudsman entities of
files maintained by the State long-term care om-
budsman program, including records and data
described in subparagraphs (D) and (E).
‘‘(ii) The procedures described in clause (i)
shall provide that, subject to clause (iii), the files
and records described in clause (i) may be dis-
closed only at the discretion of the State agency.
The procedures described in clause (i) shall pro-
hibit the disclosure of the identity of any com-
plainant, or resident of a long-term care facility,
with respect to whom the State agency main-
tains such files or records unless—
‘‘(I) the complainant or resident, or the
legal representative of the complainant or
resident, consents to the disclosure and the
consent is given in writing,
‘‘(II) the complainant or resident gives
consent orally and the consent is docu-
mented contemporaneously in writing made
by a program representative of the State
agency in accordance with such require-
ments as the State agency shall establish, or
‘‘(III) the disclosure is required by
court order.
‘‘(G) CONSULTATION.—In planning and op-
erating the State long-term care ombudsman
program, the State agency shall consider the
views of area agencies on aging, older individ-
uals, and providers of long-term care.
‘‘(H) CONFLICT OF INTEREST.—The State
agency shall develop procedures to prevent con-
flicts of interest with respect to individuals and
entities that carry out activities under the State
long-term care ombudsman program.
‘‘(I) LEGAL
COUNSEL.—The State agency
shall ensure that—
‘‘(i)(I) adequate legal counsel is avail-
able and able to provide advice and con-
sultation needed to protect the health, safe-
ty, welfare, and rights of older individuals
who are residents of long-term care facili-
ties, and to assist the program representa-
tives 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 ac-
tion 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
‘‘(ii) the State agency pursues admin-
istrative, legal, and other appropriate rem-
edies on behalf of such residents.
‘‘(J) 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.
‘‘(K) 
NONINTERFERENCE.—The 
State
shall—
‘‘(i) ensure that willful interference
with the State agency in the performance of
the official duties under the State long-term
care ombudsman program shall be unlaw-
ful,
‘‘(ii) prohibit retaliation and reprisals
by a long-term care facility or other entity
with respect to any resident, employee, or
other person for filing a complaint with,
providing information to, or otherwise co-
operating with any representative of, the
State agency, and
‘‘(iii) provide for appropriate sanc-
tions with respect to the interference, retal-
iation, and reprisals.
‘‘(9) LEGAL ASSISTANCE.—If a State elects to
provide legal assistance, the plan shall contain assur-
ances that with respect to legal assistance that area
agencies on aging will—
‘‘(A) enter into contracts with providers of
legal assistance that can demonstrate the experi-
ence or capacity to deliver legal assistance, and
‘‘(B) attempt to involve the private bar in
legal assistance activities authorized under this
chapter, including groups within the private bar
furnishing services to older individuals on a pro
bono and reduced fee basis.
‘‘(10) PREVENTION 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 of elder abuse, neglect, and exploi-
tation, the plan shall—
‘‘(A) contain an assurance that the State
has in effect laws relating to elder abuse, neglect,
and exploitation that include provisions for im-
munity for persons who report, in good faith, in-
stances of elder abuse, neglect, and exploitation,
from prosecution under any State or local law
arising out of such reporting,
‘‘(B) contain an assurance that individuals
who provide services to prevent elder abuse, ne-
glect, and exploitation are trained to effectively
deal with such reported instances,
‘‘(C) contain an assurance that involuntary
or coerced participation in such program by al-
leged victims, abusers, or members of their house-
holds will not be permitted,
‘‘(D) contain 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 ex-
ploitation remain confidential except—
‘‘(i) if all parties to such complaint
consent in writing to the release of such in-
formation,
‘‘(ii) if the release of such information
is to a law enforcement agency, public pro-
tective service agency, licensing or certifi-
cation agency, ombudsman program, or
protection or advocacy system, or
‘‘(iii) upon court order,
‘‘(E) contain an assurance that the State
agency will make all reasonable efforts to resolve
any conflicts with other public agencies with re-
spect to confidentiality of the information de-
scribed in subparagraph (D),
‘‘(F) contain an assurance that the State
agency will coordinate its program with law en-
forcement officials, courts of competent jurisdic-
tion, and other relevant State and local pro-
grams, including area agencies on aging and
agencies that administer adult protective serv-
ices, medicaid fraud and abuse services (includ-
ing 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 programs,
‘‘(G) contain an assurance that older indi-
viduals participate in decisions regarding their
welfare, and
‘‘(H) specify such other activities that the
State agency determines to be beneficial in the
prevention of abuse, neglect, or exploitation of
older individuals and intends to carry out under
such program.
‘‘(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,
‘‘(iii) older individuals with greatest
social need,
‘‘(iv) older individuals with severe dis-
abilities,
‘‘(v) older individuals with limited
English-speaking ability,
‘‘(vi) older individuals with Alz-
heimer’s disease or related disorders with
neurological and organic brain dysfunction
(and the caretakers of such individuals),
and
‘‘(vii) low-income minority individ-
uals, and
‘‘(B) inform the older individuals referred
to in clauses (i) through (vii) of subparagraph
(A), and the caretakers 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 primary responsibility for indi-
viduals with disabilities (including severe disabil-
ities).
‘‘(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)(6)(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 carried out to implement 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) COST SHARING.—If the State, after con-
sultation with area agencies on aging, elects to re-
quire cost sharing by recipients of services under the
State plan (or to require or permit area agencies on
aging to require cost sharing by recipients of services
under area plans), the plan shall—
‘‘(A) provide that no cost sharing shall be
required for—
‘‘(i) information and assistance serv-
ices, outreach, benefits counseling, or case
management services, or
‘‘(ii) ombudsman or other protective
services, or
‘‘(B)(i) exempt from cost-sharing require-
ments individuals with incomes below a low-in-
come threshold set by the State that is not lower
than 125 percent of the poverty line,
‘‘(ii) set cost-sharing rates for individuals
with incomes above such threshold on a sliding-
fee scale based on income,
‘‘(iii) provide that the income of older indi-
viduals will be determined by self-declaration,
and
‘‘(C) provide that individuals will not be
denied a service under the plan because of the in-
ability of such individual to pay a share of the
cost of such service.
‘‘(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 issu-
ing 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.
‘‘(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) Except as
provided in paragraph (2), the aggregate amount of funds
‘‘(ii) to provide services for the prevention of
elder abuse, neglect, and exploitation, described in
subsection (a)(10),
is insufficient to satisfy the need for services provided under
paragraphs (8) and (10) of subsection (a), then the Assist-
ant Secretary may grant a waiver that permits the State
to expend for such fiscal year an amount equal to not more
than 150 percent of such maximum amount to provide serv-
ices under such paragraphs.
‘‘(B) At a minimum, the application described in sub-
paragraph (A) shall include a description of the additional
amount requested to be so expended, the purposes for which
such amount will be expended, the need for such amount,
and the impact so expending such amount will have on the
provision of other services provided under chapter 2. The
Assistant Secretary shall approve or deny the application
in writing.
‘‘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, the
number of older individuals 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 indi-
viduals residing on reservations in such area,
and the number of older individuals who are In-
dians 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 provid-
ers 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 particu-
lar emphasis on linking services available to isolated
older individuals and older individuals with Alz-
heimer’s disease or related disorders with neurological
and organic brain dysfunction (and the caretakers 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, older individuals with greatest social need, and
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,
‘‘(III) older individuals with greatest
social need,
‘‘(IV) older individuals with severe dis-
abilities,
‘‘(V) older individuals with limited
English-speaking ability,
‘‘(VI) older individuals with Alz-
heimer’s disease or related disorders with
neurological and organic brain dysfunction
(and the caretakers of such individuals),
and
‘‘(VII) low-income minority individ-
uals, and
‘‘(ii) inform the older individuals referred
to in subclauses (I) through (VII) of clause (i),
and the caretakers of such individuals, of the
availability of such assistance.
‘‘(5) EVALUATIONS; TECHNICAL ASSISTANCE AND
INFORMATION; ADVOCACY; ADVISORY
COUNCIL.—The
plan shall provide 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 consist-
ing of older individuals who are participants or
who are eligible to participate in programs as-
sisted under this title, representatives of older in-
dividuals, local elected officials, providers of vet-
erans’ health care (if appropriate), and the gen-
eral public, to advise continuously the area agen-
cy on aging on all matters relating to the devel-
opment 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 subtitles A and C of title IV.
‘‘(7) PREVENTION OF THE ABUSE, NEGLECT, OR
EXPLOITATION OF OLDER INDIVIDUALS.—If the area
agency on aging elects to provide a program to pre-
vent the abuse, neglect, or exploitation of older indi-
viduals or is required by the State agency to carry
out such program, 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 to
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
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.
‘‘(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 a provision, to consumers, of a
list of available service providers for appropriate
care in the planning and service area served by
such agency,
‘‘(D) be provided in a manner that gives a
consumer the right to choose a provider of pref-
erence, and
‘‘(E) be provided by—
‘‘(i) a public agency, or
‘‘(ii) a nonprofit private agency that—
‘‘(I) does not provide, and does
not have a direct or indirect ownership
or controlling interest in, or a direct or
indirect 
affiliation 
or 
relationship
with, an entity that provides, services
(other than case management services,
outreach, and information and refer-
ral) under this title,
‘‘(II) is located in a rural area
and obtains a waiver of the require-
ment described in subclause (I), or
‘‘(III) is a community-based orga-
nization that is described in section
501(c)(3) of the Internal Revenue Code
of 1986, that is exempt from taxation
under section 501(a) of such Code, and
that is located in a planning and serv-
ice area in which an area agency on
aging made a contract with 1 or more
nonprofit private agencies to provide
case management services in fiscal
year 1992 under the Older Americans
Act of 1965.
‘‘(13) COST SHARING.—The plan shall contain
assurances that any requirements for cost sharing by
recipients of services provided under the plan will be
consistent with those provisions of the State plan that
satisfy 
the 
requirement 
specified 
in 
section
304(a)(17).
‘‘(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 will coordinate planning, identi-
fication, assessment of needs, and services for older
individuals with disabilities (with particular atten-
tion to individuals with severe disabilities) 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 geographi-
cal 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
100
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
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
101
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(c)(1) may be used to
make grants to States to pay such percentage as each State
agency determines, but not more than 85 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
102
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
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(c)(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(c)(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
103
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(c)(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 381, the State (after consulta-
tion with area agencies on aging and with service provid-
ers) may elect to transfer not more than 25 percent for any
fiscal year between programs under chapter 2 and programs
under chapter 3 for use as the State considers appropriate.
The State shall notify the Assistant Secretary of any such
election.
‘‘(B) If a State demonstrates in an application, to the
satisfaction of the Assistant Secretary, that funds received
by the State and attributable to funds appropriated under
subsections (a) and (b) of section 381, (including funds
transferred under subparagraph (A) without regard to this
subparagraph) for any fiscal year are insufficient to satisfy
104
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.
‘‘(C) At a minimum, the application described in sub-
paragraph (B) 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.
‘‘(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 116, data re-
garding the transfers described in paragraph (1), includ-
ing—
‘‘(A) the amount of funds involved in the trans-
fers, analyzed by State,
‘‘(B) in the case of transfers described in para-
graph (1), the effect of the transfers on the provision
of services provided under—
105
‘‘(i) chapter 2, and
‘‘(ii) chapter 3, including the effect on the
number of meals served.
‘‘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.
‘‘(a) SUPPORTIVE SERVICES.—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 services that are necessary for the
general welfare of older individuals:
‘‘(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-
106
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
and renovation projects designed to enable older
individuals to maintain their homes in conform-
ity 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—
107
‘‘(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
with neurological and organic brain dysfunction
(and for families of such individuals),
‘‘(C) supportive activities to meet the spe-
cial needs of caregivers, including caregivers 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 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—
108
‘‘(i) of individuals who are wards (or
are allegedly incapacitated), and
‘‘(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.
‘‘(6) Services designed to enable older individuals
to attain and maintain physical and mental well-
being through programs of regular physical activity,
‘‘(7) Activities designed to promote disease pre-
vention and health promotion.
‘‘(8) 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.
‘‘(9) Services of an ombudsman to receive, inves-
tigate, and act on complaints by older individuals
109
who are residents of long-term care facilities and to
advocate for the well-being of such individuals.
‘‘(10) 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.
‘‘(11) Services to encourage the employment of
older individuals, including job and second career
counseling and, where appropriate, job development,
referral, and placement.
‘‘(12) Services for the prevention of abuse, ne-
glect, or exploitation of older individuals.
‘‘(13) Crime prevention services and victim as-
sistance programs for older individuals.
‘‘(14) Health and nutrition education services,
including information concerning prevention, diag-
nosis, treatment, and rehabilitation of age-related dis-
eases and chronic disabling conditions.
‘‘(15) 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.
‘‘(16) Services designed to provide information
and training for individuals who are or may become
guardians or representative payees of older individ-
110
uals, including information on the powers and duties
of guardians and representative payees and on alter-
natives to guardianships.
‘‘(17) Services to encourage and facilitate regu-
lar interaction between school-age children and older
individuals, including visits in long-term care facili-
ties, multipurpose senior centers, and other settings.
‘‘(18) Services to assist in the operation of multi-
purpose senior centers.
‘‘(19) Services that provide reasonable opportu-
nities for older individuals to participate on a vol-
untary basis in multigenerational activities.
‘‘(20) Transportation services to facilitate access
to the services authorized by this subsection to be pro-
vided.
‘‘(21) Any other services.
‘‘CHAPTER 3—NUTRITION SERVICES
‘‘SEC. 331. PROGRAM AUTHORIZED.
‘‘(a) NUTRITION SERVICES.—The Assistant Secretary
shall carry out a program for making grants to States
under State plans approved under section 304 for the estab-
lishment and operation of nutrition projects that 5 or more
days a week (except in a rural area where such frequency
is not feasible) and a lesser frequency when it is approved
by the State agency, provide—
111
‘‘(1) meals to eligible individuals in congregate
meals settings,
‘‘(2) meals to eligible individuals in their homes,
and
‘‘(3) meals to eligible individuals in adult day
care settings.
‘‘(b) REQUIREMENTS.—(1) Meals served to eligible in-
dividuals under subsection (a)(3) may be hot, cold, frozen,
dried, canned, or supplemental foods (with a satisfactory
storage life).
‘‘(2) Meal providers shall provide eligible older indi-
viduals with at least 1 meal per day and any additional
meals per day that the recipient of a grant or contract
under this chapter may elect to provide.
‘‘SEC. 332. ADDITIONAL REQUIREMENTS.
‘‘A State that establishes and operates a nutrition
project under this chapter shall—
‘‘(1) solicit the advice of a dietitian or individ-
ual with comparable expertise in the planning of nu-
tritional 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,
112
‘‘(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
‘‘(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,
113
‘‘(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,
‘‘(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-
114
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—COMMUNITY SERVICE
EMPLOYMENT FOR OLDER AMERICANS
‘‘SEC. 351. SHORT TITLE.
‘‘This chapter may be cited as the ‘Older American
Community Service Employment Act of 1996’.
‘‘SEC. 352. OLDER AMERICAN COMMUNITY SERVICE EM-
PLOYMENT PROGRAM.
‘‘(a) AUTHORITY FOR PROGRAM.—(1) With funds al-
lotted under section 302(b), the Assistant Secretary shall
make grants to eligible States and tribal organizations for
the purpose of providing to unemployed low-income older
individuals who have poor employment prospects, employ-
ment opportunities in providing community services.
‘‘(2)(A) Not less than 85 percent of each grant made
under paragraph (1) shall be used to pay wages and benefits
for older individuals who are employed under agreements
made under subsection (b).
115
‘‘(B) The amount of such grant remaining (if any)
after the application of section 302(c) and subparagraph
(A) may be used to pay other employment-related costs re-
lating to such individuals, including costs incurred—
‘‘(i) to perform the assessment described in sub-
section (c)(2)(K),
‘‘(ii) to provide the training described in sub-
section (c)(2)(H),
‘‘(iii) to provide counseling to such individuals,
‘‘(iv) to provide supportive services to such indi-
viduals,
‘‘(v) to pay transportation costs,
‘‘(vi) to evaluate such individuals for continued
participation in such employment,
‘‘(vii) to pay incidental costs of attire and tools
for such individuals, necessarily incurred to enable
such individuals to participate in a project carried
out under an agreement made under subsection (b),
and
‘‘(viii) to provide physical examinations to such
individuals.
‘‘(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.
116
‘‘(b) ELIGIBILITY FOR GRANTS.—To be eligible to re-
ceive a grant under subsection (a), a State or tribal organi-
zation shall submit to the Assistant Secretary an applica-
tion in such form and containing such information as the
Assistant Secretary may require by rule, including an as-
surance that such grant will be used by the State or tribal
organization to carry out projects (excluding projects in-
volving the construction, operation, or maintenance of any
facility used or to be used as a place for sectarian religious
instruction or worship) for the purpose specified in sub-
section (a) through the following types of agreements that
satisfy the requirements of subsection (c) and that provide
for meeting specifications and performance goals the State
or tribal organization shall establish:
‘‘(1) Agreements may be made by the State or
tribal 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, that re-
117
ceived funds in fiscal year 1995 under section
502 of the Older Americans Act of 1965,
to pay the cost of providing part-time employment to
older individuals described in subsection (a).
‘‘(2) At the election of the State or tribal organi-
zation, 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
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 on a
competitive basis and after consideration of the fol-
lowing, as demonstrated by the entity that proposes to
carry out a project to provide employment to older
individuals described in subsection (a):
‘‘(A) The ability of such entity to provide
community service employment and to satisfy
the requirements of this chapter.
118
‘‘(B) The ability to meet applicable speci-
fications and performance goals referred to in
subsection (b).
‘‘(C) The ability to provide supportive serv-
ices to assist older individuals described in sub-
section (a) to participate in employment pro-
vided 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.
‘‘(2) Each such agreement shall provide that no
payment shall be made by the State or tribal organi-
zation toward the cost of the project unless the State
or tribal organization determines that the project, and
the entity that carries 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.
119
‘‘(ii) The non-Federal share of such cost will
be contributed in cash or in kind. In determin-
ing the amount of the non-Federal share, the As-
sistant Secretary may attribute fair market
value to services and facilities contributed from
non-Federal 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 person-
nel shall, to the fullest extent possible, be re-
cruited from among older individuals described
in subsection (a).
‘‘(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
120
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,
‘‘(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)
121
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 chapter,
and may provide for the payment of the reason-
able expenses of such individuals being trained.
‘‘(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 be established or ad-
ministered with the advice of individuals com-
122
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.
‘‘(J) The project may authorize payment for
reasonable transportation costs of older individ-
uals described in subsection (a) that may be in-
curred in employment in the project.
‘‘(K) 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.
‘‘(L) The entity that carries out the project
will post in the project workplace a notice, and
will make available to each individual associated
with the project a written explanation, clarifying
123
the law with respect to allowable and unallow-
able political activities under chapter 15 of title
5, United States Code, applicable to the project
and to each category of individuals associated
with the project.
‘‘(M) In providing employment opportuni-
ties under the project, such entity will give prior-
ity to low-income individuals who are 60 years
of age or older.
‘‘(d) SPECIAL CONSIDERATION.—(1) For purposes of
making agreements under subsection (b)(1), the State or
tribal organization shall give special consideration to enti-
ties that received funds under 502(b) of the Older Americans
Act of 1965 for fiscal year 1995 and that demonstrate effec-
tiveness in carrying out projects in fiscal year 1995 under
title V of such Act to provide employment opportunities for
older individuals.
‘‘(2) For purposes of paragraph (1), such effectiveness
shall be deemed to be demonstrated if such entity dem-
onstrates that it has—
‘‘(A) in existence coordination agreements or
other effective linkages between such entity and Fed-
eral, State, and local employment and training pro-
grams,
124
‘‘(B) in existence effective linkages between such
entity and private entities that promote employment
and training opportunities for older individuals,
‘‘(C) a record of successfully placing such indi-
viduals in employment positions for which no finan-
cial assistance is provided under this chapter, and
‘‘(D) a record of successfully meeting the need for
community service employment in the community
served by such entity in such community.
‘‘(e) PREREQUISITE DETERMINATION.—(1) To effec-
tively carry out subsection (b) and after consultation with
the appropriate area agencies on aging and with other or-
ganizations that received funds under this chapter in the
preceding fiscal year, a State or tribal organization that
receives a grant under subsection (a) for a fiscal year shall
make a determination—
‘‘(A) identifying the localities in the State, or on
an Indian reservation in the case of a tribal organi-
zation, in which projects described in subsection (b)
are most needed,
‘‘(B) in making such determination, consider the
local employment situations and the types of skills
possessed by available local older individuals de-
scribed in subsection (a), and
125
‘‘(C) identify potential projects and the number
and percentage of such individuals in the local popu-
lation.
‘‘(2) The State or tribal organization shall coordinate
the projects assisted under this chapter with—
‘‘(A) other programs, projects, and activities car-
ried out under this Act,
‘‘(B) federally supported job training programs,
and
‘‘(C) other Federal and State employment pro-
grams,
to increase employment opportunities available to older in-
dividuals.
‘‘(3) To the maximum extent practicable, the State
shall ensure that entities that carry out projects under
agreements made under subsection (b) provide employment
under this chapter to older individuals who immediately
before the effective date of this chapter were employees under
an agreement made under section 502(b) of the Older Amer-
icans Act of 1965.
‘‘(f) EQUITABLE USE OF FUNDS.—To the maximum
extent practicable, the State shall use funds available to
carry out this chapter to make agreements under subsection
(b) in an equitable manner, taking into consideration the
number of eligible older individuals in the various geo-
126
graphical areas and the relative distribution of such indi-
viduals among urban and rural areas.
‘‘(g) PRIOR SUBMISSION OF PROJECT DESCRIPTION.—
Whenever an entity (other than an area agency on aging
for the planning and service area in which the project will
be conducted) conducts a project under an agreement made
under subsection (b) within a planning and service area
in a State, such entity shall conduct the project in consulta-
tion with the area agency on aging of the planning and
service area and shall submit to the area agency on aging,
not less than 30 days before undertaking the project, a de-
scription (including the location) of the project.
‘‘(h) ALTERNATIVE WORK MODES; TECHNICAL AS-
SISTANCE.—States and tribal organizations may develop
alternatives for innovative work modes and provide tech-
nical assistance in creating employment opportunities
through work sharing and other experimental methods to
groups representing business and industry and workers, as
well as to individual employers, where appropriate.
‘‘(i) REPORT.—If for a fiscal year a State or tribal
organization elects under subsection (b) to make agreements
described in paragraph (2) of such subsection, the State or
tribal organization shall submit to the Assistant Secretary
a report describing the projects carried out under such
agreements.
127
‘‘(j) RULES.—The Secretary shall issue, and amend
from time to time, rules that require States and tribal orga-
nizations that receive grants under subsection (a) to estab-
lish, to the maximum extent practicable, for projects carried
out under this chapter the goal of annually placing not less
than 20 percent of project participants in employment posi-
tions for which no financial assistance is provided under
this chapter.
‘‘SEC. 353. PARTICIPANTS NOT FEDERAL EMPLOYEES.
‘‘(a) PROJECT PARTICIPANTS.—Older individuals de-
scribed in section 352(a) who participate in a project as-
sisted under this chapter shall not be considered to be Fed-
eral employees as a result of such participation and shall
not be subject to the provisions of part III of title 5 of the
United States Code.
‘‘(b) CONTRACTS.—No contract shall be entered into
under this chapter with a contractor who is, or whose em-
ployees are, under State law, exempted from operation of
the State workmen’s compensation law, generally applicable
to employees, unless the contractor shall undertake to pro-
vide either through insurance by a recognized carrier, or
by self-insurance, as authorized by State law, that the indi-
viduals employed under the contract shall enjoy workmen’s
compensation coverage equal to that provided by law for
covered employment.
128
‘‘SEC. 354. TREATMENT OF EMPLOYMENT ASSISTANCE FOR
PURPOSES OF FEDERAL HOUSING AND FOOD
STAMP PROGRAMS.
‘‘Funds received by eligible older individuals from par-
ticipation in projects carried out under this chapter shall
not be considered to be income of such individuals for pur-
poses of determining the eligibility of such individuals, or
of any other individuals, to participate in any housing pro-
gram for which Federal funds may be available or for any
income determination under the Food Stamp Act of 1977.
‘‘Subtitle B—Authorization of
Appropriations
‘‘SEC. 381. 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 $300,638,000 for fiscal
year 1997 and such sums as may be necessary for fiscal
years 1998, 1999, 2000, and 2001.
‘‘(b) NUTRITION SERVICES.—There are authorized to
be appropriated to carry out chapter 3 of subtitle A
$461,111,000 for fiscal year 1997 and such sums as may
be necessary for fiscal years 1998, 1999, 2000, and 2001.
‘‘(c) COMMUNITY SERVICE EMPLOYMENT.—There are
authorized to be appropriated to carry out chapter 4 of sub-
title A $350,000,000 for fiscal year 1997 and such sums
129
as may be necessary for fiscal years 1998, 1999, 2000, and
2001.
‘‘SEC. 382. ADDITIONAL FUNDS AVAILABLE FOR NUTRITION
SERVICES.
‘‘(a) FUNDS AVAILABLE.—In addition to the amount
appropriated under section 381(b), and to provide nutrition
services under subtitle A and title II for each of the fiscal
years 1997, 1998, 1999, 2000, and 2001, 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) ALLOTMENT BASED ON MEALS SERVED.—
‘‘(1) IN GENERAL.—In providing funds for nu-
trition services under subsection (b)(1) for a fiscal
year, the Assistant Secretary shall allot such funds
among States based on number of meals served, as
specified in paragraph (2).
130
‘‘(2) CALCULATION.—The Assistant Secretary
shall allot to each State for a fiscal year the amount
that bears the same ratio to such 98.9 percent as the
number of meals served in the State under this section
or under section 311 of the Older Americans Act of
1965 (as in effect immediately before the effective date
of this section), as appropriate, for the preceding fis-
cal year bears to the number of meals served in all
States under this section or such section 311, as ap-
propriate, for such preceding 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-
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
131
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
$154,950,000 for fiscal year 1997 and such sums as may
be necessary for fiscal years 1998, 1999, 2000, and 2001.
‘‘TITLE IV—NATIONAL SENIOR
VOLUNTEER SERVICE CORPS
‘‘SEC. 401. STATEMENT OF PURPOSES.
‘‘It is the purpose of—
‘‘(1) this title to provide for the National Senior
Volunteer Service Corps, comprised of the Retired and
Senior Volunteer Program, the Foster Grandparent
Program, and the Senior Companion Program, that
empowers older individuals to contribute to their
communities through volunteer service, enhances the
lives of the volunteers and those whom they serve, and
provides communities with valuable services,
‘‘(2) subtitle A, the Retired and Senior Volunteer
Program, to utilize the vast talents of older individ-
uals willing to share their experiences, abilities, and
skills in responding to a wide variety of community
needs,
‘‘(3) subtitle B, the Foster Grandparent Pro-
gram, to afford low-income older individuals an op-
132
portunity to provide supportive, individualized serv-
ices to children with exceptional or special needs, and
‘‘(4) subtitle C, the Senior Companion Program,
to afford low-income older individuals the oppor-
tunity to provide personal assistance and companion-
ship to other older individuals through volunteer serv-
ice.
‘‘Subtitle A—Retired and Senior
Volunteer Program
‘‘SEC. 411. GRANTS AND CONTRACTS FOR VOLUNTEER
SERVICE PROJECTS.
‘‘(a) AUTHORITY
TO
MAKE
GRANTS
AND
CON-
TRACTS.—To carry out a Retired and Senior Volunteer
Program under this subtitle to help retired individuals and
working older individuals to avail themselves of opportuni-
ties for volunteer service in their community, the Assistant
Secretary may make grants to State agencies, or grants to
or contracts with other public and nonprofit private agen-
cies and organizations, to pay part or all of the costs for
the development, operation, or both, of volunteer service
projects under this subtitle, if the Assistant Secretary deter-
mines, in accordance with rules the Assistant Secretary
shall prescribe, the following:
‘‘(1) LIMITATION ON REIMBURSEMENT.—Volun-
teers will not be reimbursed for other than transpor-
133
tation, meals, and other out-of-pocket expenses inci-
dent to providing services under this subtitle.
‘‘(2) ELIGIBLE INDIVIDUALS.—Only older indi-
viduals will be enrolled, and individuals 60 years of
age or older will be given priority for enrollment, as
volunteers to provide services under this subtitle (ex-
cept for administrative purposes) in the communities
where such individuals reside or in nearby commu-
nities in either—
‘‘(A) publicly owned and operated facilities
or projects, or
‘‘(B) local projects sponsored by nonprofit
private agencies and organizations (other than
political parties), other than projects involving
the construction, operation, or maintenance of so
much of any facility as is used, or is to be used
for sectarian instruction or as a place for reli-
gious worship,
‘‘(3) TRAINING.—Such projects include such
short-term training as may be necessary to make the
most effective use of the skills and talents of partici-
pating volunteers and individuals, and provide for
the payment of the reasonable expenses of such volun-
teers while undergoing such training, and
134
‘‘(4) ADVICE
REQUIRED.—Such projects are
being established and will be carried out with the ad-
vice of persons competent in the fields of service in-
volved, and persons with interest in and knowledge of
the needs of older individuals.
‘‘(b) LOCAL CONTRIBUTION.—The required local con-
tribution (including any in-kind contribution) to the cost
of a project for which a grant or contract is made under
this section shall be—
‘‘(1) 10 percent in the 1st year for which such
grant or contract is made for such project,
‘‘(2) 20 percent in the 2nd year for which such
grant or contract is made for such project, and
‘‘(3) 30 percent in any subsequent year for which
such grant or contract is made for such project,
except that the Assistant Secretary may waive all or part
of such local contribution in cases of demonstrated need,
determined (in accordance with rules which the Assistant
Secretary shall issue) on the basis of the financial capabil-
ity of a particular recipient of such grant or contract, to
permit a lesser local contribution than any required per-
centage contribution established by the Assistant Secretary
in generally applicable rules.
‘‘(c) STATE REVIEW OF APPLICATION.—The Assistant
Secretary shall not make a grant to or contract with any
135
agency or organization under this subtitle for a project in
any State unless, if such State has a State agency des-
ignated under section 303(a)(1), such State agency is the
recipient of the grant or contract, or such State agency has
been afforded at least 45 days in which to review the project
application and make recommendations thereon.
‘‘(d) SERVICE NOT DEEMED EMPLOYMENT.—Notwith-
standing any other provision of law, volunteer service under
this subtitle shall not be deemed to be employment for any
purpose which the Assistant Secretary finds is not fully con-
sistent with the provisions, and in furtherance, of the pur-
pose of this subtitle.
‘‘Subtitle B—Foster Grandparent
Program
‘‘SEC. 421. GRANTS AND CONTRACTS FOR VOLUNTEER
SERVICE PROJECTS.
‘‘(a) AUTHORITY
TO
MAKE
GRANTS
AND
CON-
TRACTS.—(1)(A) To carry out a Foster Grandparent Pro-
gram under this subtitle, the Assistant Secretary may make
grants to or contracts with public and nonprofit private
agencies and organizations to pay part or all of the cost
of development and operation of projects (including direct
payments to individuals serving under this subtitle) de-
signed to provide opportunities for low-income older indi-
viduals to serve as foster grandparents under this subtitle
136
to provide supportive person-to-person services in health,
education, welfare, and related settings to children having
exceptional needs. Such services may include services by
older individuals serving as foster grandparents under this
subtitle to children who are individuals with disabilities,
who have chronic health conditions, who are receiving care
in hospitals, who are residing in homes for dependent and
neglected children, or who are receiving services provided
by day-care centers, schools, early intervention programs
under part H of the Individuals with Disabilities Edu-
cation Act (20 U.S.C. 1471 et seq.), Head Start agencies
under the Head Start Act (20 U.S.C. 9831 et seq.), or any
of a variety of other programs, establishments, and institu-
tions providing services for children with special or excep-
tional needs. Older individuals serving as foster grand-
parents under this subtitle may provide person-to-person
services to one or more children, depending on the needs
of the project and local site.
‘‘(B) Only older individuals will be enrolled, and indi-
viduals 60 years of age or older will be given priority for
enrollment as volunteers to provide services under this sub-
title.
‘‘(2)(A) The Assistant Secretary may provide assist-
ance in excess of 90 percent of the cost of the development
and operation of such projects only if the Assistant Sec-
137
retary determines, in accordance with rules the Assistant
Secretary shall issue establishing objective criteria, that
such action is required in furtherance of the purpose of this
subtitle.
‘‘(B) In the case of any project with respect to which,
before September 19, 1972, a grant or contract has been
made under section 611(a) of the Older Americans Act of
1965, as in effect before that date or with respect to any
project under the Foster Grandparent program in effect be-
fore September 17, 1969, contributions in cash or in kind
from the Bureau of Indian Affairs of the Department of
the Interior toward the cost of the project may be counted
as part of the cost thereof which is met from non-Federal
sources.
‘‘(b) SELECTION OF RECIPIENT CHILDREN.—(1) Any
public or nonprofit private agency or organization respon-
sible for providing person-to-person services to a child in
a project carried out under subsection (a) shall have the
exclusive authority to determine, pursuant to paragraph
(2)—
‘‘(A) which children may receive supportive per-
son-to-person services under such project, and
‘‘(B) the period of time during which such serv-
ices shall be continued in the case of each individual
child.
138
‘‘(2) If such agency or organization determines that
it is in the best interests of a mentally retarded child receiv-
ing, and of a particular foster grandparent providing, serv-
ices in such a project, such relationship may be continued
after the child reaches the chronological age of 21 if such
child was receiving such services before attaining the chron-
ological age of 21. If the particular foster grandparent sub-
ject to the determination under this paragraph becomes un-
available to serve after such determination is made, such
agency or organization may select another foster grand-
parent.
‘‘(3) Any determination made by a public or nonprofit
private agency or organization under paragraphs (1) and
(2) shall be made through mutual agreement by all parties
involved with respect to the provision of services to the child
involved.
‘‘(c) ALLOWANCES, STIPENDS, AND
OTHER
SUP-
PORT.—(1) The Assistant Secretary, in accordance with
rules the Assistant Secretary shall issue, may provide to
low-income older individuals serving as foster grandparents
under this subtitle, such allowances, stipends, and other
support as the Assistant Secretary determines are necessary
to carry out the purpose of this subtitle.
‘‘(2) Any stipend or allowance provided under this sec-
tion shall be not less than $2.45 per hour and shall be ad-
139
justed once before December 31, 1997, to account for infla-
tion, as determined by the Assistant Secretary and rounded
to the nearest 5 cents, except that—
‘‘(A) such stipend or allowance shall not be in-
creased as a result of an amendment made to this
paragraph unless the funds appropriated for carrying
out this subtitle are sufficient to maintain for the fis-
cal year in question a number of participants to serve
under this subtitle at least equal to the number of
such participants serving during the preceding fiscal
year, and
‘‘(B) if sufficient appropriations for any fiscal
year are not available to increase any such stipend
or allowance provided to the minimum hourly rate
specified in this paragraph, the Assistant Secretary
shall increase the stipend or allowance to such
amount as appropriations for such year permit con-
sistent with subparagraph (A).
‘‘(3) In establishing the amount of, and the effective
date for, an adjustment under paragraph (2), the Assistant
Secretary, in consultation with appropriate Federal agen-
cies, shall consider the effect such adjustment will have on
the ability of nonfederally funded volunteer programs simi-
lar to the programs under this title to maintain their cur-
rent level of volunteer hours.
140
‘‘(d) SPECIAL CONSIDERATION.—Older individuals
whose income is described in section 102(34)(B)(ii) shall
be given special consideration for participation in projects
under this subtitle.
‘‘(e) VOLUNTEERS
WHO
ARE
NOT
LOW-INCOME
OLDER INDIVIDUALS.—(1)(A) Except as provided in sub-
paragraphs (B) and (C), individuals who are not low-in-
come older individuals may serve as volunteers under this
subtitle, in accordance with such rules as the Assistant Sec-
retary shall issue, if such individuals serve without receiv-
ing any allowance, stipend, or other financial support
under this subtitle except reimbursement for transportation,
meals, and out-of-pocket expenses incident to serving under
this subtitle.
‘‘(B) The rules issued by the Assistant Secretary to
carry out this subtitle (other than any rules relating to al-
lowances, stipends, and other financial support authorized
by subsection (c) to be paid under this subtitle to low-in-
come older individuals) shall apply to all individuals who
provide services under this subtitle, without regard to
whether such individuals are eligible to receive a stipend
under such subsection.
‘‘(C) Individuals who are not low-income older indi-
viduals may not serve as volunteers under this subtitle in
141
any community in which there are volunteers serving under
subtitle A unless—
‘‘(i) such individuals were referred previously for
possible placement as volunteers under subtitle A, and
‘‘(ii) such placement did not occur.
‘‘(2)(A) Except as provided in subparagraph (B), each
recipient of a grant or contract to carry out a project under
this subtitle shall give equal treatment to all individuals
who provide services under such project, without regard to
whether such individuals are eligible to receive a stipend
under subsection (c).
‘‘(B) An individual who is not a low-income older in-
dividual may not provide services under this subtitle if al-
lowing such individual to provide services under this sub-
title would prevent a low-income older individual from be-
ginning to participate in providing services under this sub-
title or would displace a low-income older individual from
providing services under this subtitle.
‘‘(3) The Assistant Secretary may not require as a con-
dition of receiving a grant or contract to carry out a project
under this subtitle, any applicant for such grant or con-
tract—
‘‘(A) to accept or to recruit individuals who are
not low-income older individuals to provide services
under this subtitle, or
142
‘‘(B) to solicit locally generated contributions, in
cash or in kind, to support such individuals.
The Assistant Secretary may not coerce any applicant for
or recipient of such grant or contract to engage in conduct
described in subparagraph (A) or (B), and may not take
into consideration whether such applicant or such recipient
engages in such conduct.
‘‘(4) Funds appropriated to carry out this subtitle may
not be used to pay any cost, including any administrative
cost, incurred in connection with volunteers under this sub-
title who do not receive a stipend under subsection (d). Such
cost incurred with respect to a volunteer may be paid
with—
‘‘(A) funds received by the Assistant Secretary as
unrestricted gifts,
‘‘(B) funds received by the Assistant Secretary as
gifts to pay such cost,
‘‘(C) funds contributed by such volunteer, or
‘‘(D) in the discretion of the recipient of a grant
or contract under such subsection, locally generated
contributions in excess of the amount required by sub-
section (a) to be contributed to pay the non-Federal
cost of the project in which such volunteer partici-
pates.
143
‘‘Subtitle C—Senior Companion
Volunteer Program
‘‘SEC. 431. GRANTS AND CONTRACTS FOR VOLUNTEER
SERVICE PROJECTS.
‘‘(a) AUTHORITY
TO
MAKE
GRANTS
AND
CON-
TRACTS.—(1) To carry out a Senior Companion Volunteer
Program under this subtitle, the Assistant Secretary may
make grants to or contracts with public and nonprofit pri-
vate agencies and organizations to pay part or all of the
cost of development and operation of projects (including di-
rect payments to individuals serving under this subtitle in
the same manner as provided in section 421(a)) designed
to provide opportunities for low-income older individuals
to provide services under this subtitle as senior companion
volunteers to individuals with exceptional needs.
‘‘(2) Only older individuals will be enrolled, and indi-
viduals 60 years of age or older will be given priority for
enrollment, as volunteers to provide services under this sub-
title.
‘‘(3) Senior companion volunteers may provide serv-
ices designed to help individuals 60 years of age or older
who require—
‘‘(A) long-term care, including services to such
individuals who receive home health care, nursing
144
care, and home-delivered nutrition services or other
nutritional services,
‘‘(B) services designed to help individuals dein-
stitutionalized from mental hospitals, nursing homes,
and other institutions, and
‘‘(C) services designed to assist individuals who
have developmental disabilities and other special
needs for companionship.
‘‘(b) OTHER PROVISIONS APPLICABLE.—Subsections
(a)(2)(A), (c), (d), and (e) of section 421, and such other
provisions of subtitle B as the Assistant Secretary may de-
termine to be necessary, shall apply to this subtitle, except
that for purposes of this subtitle any reference to subtitle
B in such subsections and such provisions shall be deemed
to be a reference to this subtitle.
‘‘(c) HOME-BOUND INDIVIDUALS.—The Assistant Sec-
retary may make grants or contracts under subsection (a)
for senior companion volunteer projects to assist homebound
individuals 60 years of age or older to remain in their own
homes and to enable institutionalized individuals 60 years
of age or older to return to home-care settings.
145
‘‘Subtitle D—General Provisions
‘‘SEC. 441. PROMOTION OF NATIONAL SENIOR VOLUNTEER
SERVICE CORPS.
‘‘(a) CONSULTATION.—(1) In carrying out this title,
the Assistant Secretary shall consult with Federal agencies
administering related programs with a view to achieving
optimal coordination with such other programs, and shall
promote the coordination of projects under this title with
other public or private programs or projects carried out at
State and local levels. Such Federal agencies shall cooperate
with the Assistant Secretary in disseminating information
about the availability of assistance under this title and in
promoting the identification and interest of low-income
older individuals and other older individuals whose services
may be utilized in projects under this title.
‘‘(2) To the maximum extent practicable, the Assistant
Secretary shall enter into agreements—
‘‘(A)(i) to involve retired and senior volunteers
and foster grandparents in Head Start programs,
‘‘(ii) to involve retired and senior volunteers and
senior companion volunteers in providing services au-
thorized by titles II and III, and
‘‘(iii) to promote the recognition of such volun-
teers who are qualified to provide in-home services for
146
reimbursement under title XVIII of the Social Secu-
rity Act for providing such services,
‘‘(B) with the Department of Education to pro-
mote intergenerational tutoring and mentoring for at-
risk children, and
‘‘(C) with the Environmental Protection Agency
to support conservation efforts.
‘‘(b) EFFORTS TO EXPAND PARTICIPATION.—(1) In
carrying out this title, the Assistant Secretary shall encour-
age and facilitate the efforts of private organizations to pro-
mote the programs established in subtitles A, B, and C and
the involvement of older individuals as volunteers in such
programs.
‘‘(2) The Assistant Secretary shall take appropriate
actions to ensure that special efforts are made to publicize
the programs established in subtitles A, B, and C, in order
to facilitate recruitment efforts, to encourage greater par-
ticipation of volunteers, and to emphasize the value of vol-
unteering to the health and well-being of volunteers and the
communities of such volunteers. Such actions shall include
informing recipients of grants and contracts under this title
of all informational materials available from the Assistant
Secretary.
147
‘‘(3) From funds appropriated under section 491, the
Assistant Secretary shall expend not less than $375,000 in
each fiscal year to carry out paragraph (2).
‘‘SEC. 442. PAYMENTS.
‘‘Payments under this title pursuant to a grant or con-
tract may be made (after necessary adjustment, in the case
of grants, on account of previously made overpayments or
underpayments) in advance or by way of reimbursement,
in such installments and on such conditions, as the Assist-
ant Secretary may determine.
‘‘SEC. 443. USE OF LOCALLY GENERATED CONTRIBUTIONS
IN NATIONAL SENIOR VOLUNTEER SERVICE
CORPS.
‘‘Whenever locally generated contributions made to vol-
unteer projects for older individuals under this title are in
excess of the amount required by the Assistant Secretary,
the Assistant Secretary may not restrict the manner in
which contributions are expended if expenditures from lo-
cally generated contributions are not inconsistent with the
provisions of this title.
‘‘SEC. 444. ADJUSTMENTS TO FEDERAL FINANCIAL ASSIST-
ANCE; REPORTS.
‘‘(a) ADJUSTMENTS.—(1)(A) In determining the
amount of Federal financial assistance to be provided under
this title to applicants, the Assistant Secretary shall con-
148
sider the impact of changes in the Consumer Price Index
For All Urban Consumers published by the Bureau of Labor
Statistics of the Department of Labor on the administrative
costs of operating the projects for which such assistance will
be provided.
‘‘(B) The Assistant Secretary shall, to the maximum
extent practicable, make appropriate adjustments in the
amount referred to in subparagraph (A) to ensure the effec-
tive administration of such projects.
‘‘(2) The Assistant Secretary shall take reasonable ac-
tions to inform applicants for such assistance that such ad-
justments may be available.
‘‘(b) REPORTS.—The Assistant Secretary shall submit,
at 2-year intervals, to the Committee on Economic and
Educational Opportunities of the House of Representatives
and the Committee on Labor and Human Resources of the
Senate, a report on the extent to which adjustments are
made under subsection (a).
‘‘SEC. 445. MULTIYEAR GRANTS OR CONTRACTS.
‘‘(a) COMPLIANCE; FUNDING.—(1) Subject to para-
graph (2) and the availability of funds, the Assistant Sec-
retary may make a grant or enter into a contract under
subtitle A, B, or C for a period not to exceed 3 years. Each
applicant who receives a grant, or enters into a contract,
under such subtitle for a period exceeding 1 year shall com-
149
ply with such rules as the Assistant Secretary may issue
to require such applicant—
‘‘(A) to demonstrate that such applicant is in
compliance with such subtitle and with the terms and
conditions of such grant or contract, and
‘‘(B) to provide information to update the appli-
cation submitted to obtain such grant or contract.
‘‘(2) If the amount appropriated for any fiscal year
to carry out subtitle A, B, or C in a period during which
multiyear grants or contracts are in effect under such sub-
title is less than the amount appropriated to carry out such
subtitle in the first fiscal year in such period, then the
amounts payable under all such grants and contracts in
effect in such period under such part shall be reduced pro
rata.
‘‘(b) SAVINGS.—The Assistant Secretary shall require
each applicant for a multiyear grant or contract under this
section, to document or describe in the application any
meaningful administrative savings that will result from
such multiyear grant or contract.
‘‘(c) ALTERNATIVE CONSIDERATION.—If an applicant
does not receive a multiyear grant or contract under this
section, the Assistant Secretary shall consider such appli-
cant for a single-year grant or contract.
150
‘‘(d) SIMILAR TREATMENT.—If the Assistant Secretary
approves an application for a contract or grant to carry
out a project for a multiyear period as referred to in sub-
section (a), the Assistant Secretary shall ensure that such
project shall be treated in the same manner as a single-
year contract or grant with respect to—
‘‘(1) the overall level of funding for such project,
‘‘(2) any adjustments to Federal financial assist-
ance that may be available under section 444, and
‘‘(3) the renewal of funding on the expiration of
the term of such contract or grant.
‘‘Subtitle E—Administration and
Coordination
‘‘SEC. 461. ADMINISTRATIVE STRUCTURE.
‘‘To administer this title, the Assistant Secretary shall
establish in the Administration an organizational structure
that, to the maximum extent practicable, retains the organi-
zational structure that existed to carry out title II of the
Domestic Volunteer Service Act of 1973 as in effect imme-
diately before the effective date of this Act. Such structure
shall include State offices, and multistate regional offices,
that have responsibilities under this title that are similar
to the responsibilities of such offices had under such Act.
151
‘‘SEC. 462. POLITICAL ACTIVITIES.
‘‘(a) PROHIBITION.—No part of any funds appro-
priated to carry out this title shall be used—
‘‘(1) to finance, directly or indirectly—
‘‘(A) any activity designed to influence the
outcome of any election to Federal office or the
outcome of any election to any State or local
public office, or
‘‘(B) any voter registration activity, or
‘‘(2) to pay the salary of any officer or employee
of the Administration, who engages in any such activ-
ity in an official capacity as such an officer or em-
ployee.
‘‘(b) LIMITATION ON USE OF PERSONNEL.—Programs
assisted under this title shall not be carried on in a manner
involving the use of funds, the provision of services, or the
employment or assignment of personnel in a manner sup-
porting or resulting in the identification of such programs
with—
‘‘(1) any partisan or nonpartisan political activ-
ity associated with a candidate, or a contending fac-
tion or group, in an election for public or party of-
fice,
‘‘(2) any activity to provide voters or prospective
voters with transportation to the polls or similar as-
sistance in connection with any such election, or
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‘‘(3) any voter registration activity.
‘‘(c) PROHIBITION OF CERTAIN ACTIVITIES RELATING
TO LEGISLATION.—No funds appropriated to carry out this
title shall be used by any program assisted under this title
in any activity for the purpose of influencing the passage
or defeat of legislation or proposals by initiative petition,
except—
‘‘(1) in any case in which a legislative body, a
committee of a legislative body, or a member of a leg-
islative body requests any volunteer in, or employee
of, such a program to draft, review, or testify regard-
ing measures or to make representations to such legis-
lative body, committee, or member, or
‘‘(2) in connection with an authorization or ap-
propriations measure directly affecting the operation
of the program.
‘‘(d) ENFORCEMENT.—The Assistant Secretary, after
consultation with the Office of Personnel Management, shall
issue rules to provide for the enforcement of this section,
which shall include provisions for summary suspension of
assistance for not more than 30 days until notice and an
opportunity to be heard can be provided or other action
necessary to permit enforcement on an emergency basis can
be taken.
153
‘‘SEC. 463. SPECIAL LIMITATIONS.
‘‘(a) ISSUANCE OF RULES.—The Assistant Secretary
shall issue rules and shall carry out this title so as to ensure
that the service of volunteers assigned, referred, or serving
pursuant to grants, contracts, or agreements made under
this title is limited to activities that would not otherwise
be performed by employed workers and that will not sup-
plant the hiring of or result in the displacement of employed
workers, or impair existing contracts for service.
‘‘(b) COST REQUIREMENT.—All support, including
transportation provided to volunteers under this title, shall
be furnished at the lowest possible cost consistent with the
effective operation of volunteer programs assisted under this
title.
‘‘(c) PROHIBITION RELATING TO COMPENSATION.—No
agency or organization to which volunteers are assigned
under this title, or which operates or supervises any volun-
teer program under this title, shall request or receive any
compensation from such volunteers or from beneficiaries for
services of such volunteers provided or supervised by such
agency or organization.
‘‘(d) PROHIBITION RELATING TO LABOR ACTIVITY.—
No funds authorized to be appropriated to carry out this
title shall be directly or indirectly used to finance labor or
anti-labor organization or related activity.
154
‘‘(e) 
INFORMATION
ON
VOLUNTEER
QUALIFICA-
TIONS.—Individuals serving as volunteers under this title
shall provide such information concerning their qualifica-
tions, including their integrity and their ability to perform
their assigned tasks, as the Assistant Secretary shall require
and shall be subject to such procedures for selection and ap-
proval as the Assistant Secretary determines are necessary
to carry out the purposes of this title. The Assistant Sec-
retary may establish such special procedures for the recruit-
ment, selection, training, and assignment of low-income
residents of the area to be served by a program under this
title who wish to become volunteers as the Assistant Sec-
retary determines will carry out the purposes of this title.
‘‘SEC. 464. COORDINATION WITH OTHER PROGRAMS.
‘‘The Assistant Secretary shall take necessary steps to
coordinate volunteer programs authorized under this title
with one another and shall consult with representatives of
the head of such programs, with community action pro-
grams, and with other related Federal, State, and local pro-
grams. The Assistant Secretary shall also consult with the
heads of other Federal, State, and local agencies responsible
for programs related to the purposes of this title in order
to encourage greater use of volunteer services in such pro-
grams and establish in connection with such programs sys-
tematic procedures for the recruitment, referral, or nec-
155
essary preservice orientation or training of volunteers serv-
ing pursuant to this title. The Assistant Secretary (in con-
sultation with the Director of the Office of Personnel Man-
agement, the Secretary of Labor, the Secretary of Com-
merce, the Secretary of the Treasury, and officials of other
appropriate departments and agencies) shall take all appro-
priate steps to encourage State and local governments, char-
itable and service organizations, and private employers—
‘‘(1) to take into account experience in volunteer
work in the consideration of applicants for employ-
ment, and
‘‘(2) to make provision for the listing and de-
scription of volunteer work on all employment appli-
cation forms.
‘‘SEC. 465. NOTICE AND HEARING PROCEDURES FOR SUS-
PENSION AND TERMINATION OF FINANCIAL
ASSISTANCE.
‘‘(a) AUTHORITY.—The Assistant Secretary may, in
accordance with this section, suspend or terminate pay-
ments under any grant or contract providing assistance
under this title, whenever the Assistant Secretary deter-
mines there is a material failure to comply with the appli-
cable terms and conditions of any such grant or contract.
The Assistant Secretary shall establish procedures to ensure
that—
156
‘‘(1) assistance under this title shall not be sus-
pended for failure to comply with applicable terms
and conditions, except in emergency situations for 30
days,
‘‘(2) an application for refunding under this
title may not be denied unless the recipient has been
given—
‘‘(A) notice at least 75 days before the de-
nial of such application of the possibility of such
denial and the grounds for any such denial, and
‘‘ (B) opportunity to show cause why such
action should not be taken,
‘‘(3) in any case where an application for re-
funding is denied for failure to comply with the terms
and conditions of the grant or contract, the recipient
shall be afforded an opportunity for an informal
hearing before an impartial hearing officer who has
been agreed to by the recipient and the Assistant Sec-
retary, and
‘‘(4) assistance under this title shall not be ter-
minated for failure to comply with applicable terms
and conditions unless the recipient has been afforded
reasonable notice and opportunity for a full and fair
hearing.
157
‘‘(b) LOCATION OF HEARING.—In order to assure equal
access to all recipients, such hearings or other meetings as
may be necessary to fulfill the requirements of this section
shall be held at locations convenient to the recipient agency.
‘‘SEC. 466. DISTRIBUTION OF BENEFITS BETWEEN RURAL
AND URBAN AREAS.
‘‘The Assistant Secretary shall establish appropriate
administrative measures to ensure that the benefits of and
services under this title will be distributed equitably be-
tween residents of rural areas and residents of urban areas.
‘‘SEC. 467. VOLUNTEERS NOT FEDERAL EMPLOYEES.
‘‘Volunteers under this title shall not be considered to
be Federal employees and shall not be subject to the provi-
sions of law relating to officers and employees of the Federal
Government and to Federal employment.
‘‘SEC. 468. EVALUATION.
‘‘(a) EVALUATION.—The Assistant Secretary may
measure and evaluate the impact of all programs, projects,
and activities authorized by this title, their effectiveness in
achieving stated goals in general, and in relation to their
cost, their impact on related programs, projects, and activi-
ties, and their structure and mechanisms for delivery of
services. Evaluations shall be conducted by persons not im-
mediately involved in the administration of the program
or project evaluated.
158
‘‘(b) SPECIFIC MATTERS FOR EVALUATION.—The As-
sistant Secretary may—
‘‘(1) evaluate the impact that volunteers who
participate without receiving a stipend in programs,
projects, and activities under subtitles B and C, have
on such programs, projects, and activities, and shall
include in such evaluation—
‘‘(A) information on administrative costs
associated with such volunteers,
‘‘(B) a comparison of the quality of services
provided by such volunteers and the quality of
services provided by volunteers who receive a sti-
pend under such subtitles, including the rate of
absenteeism and turnover, and
‘‘(C) a review of the effect that participa-
tion by volunteers who do not receive such sti-
pend have on the administration of such pro-
grams, projects, and activities, and
‘‘(2) submit to the Committee on Economic and
Educational Opportunities of the House of Represent-
atives and the Committee on Labor and Human Re-
sources of the Senate a report summarizing in detail
the results of the evaluations made under paragraph
(1).
159
‘‘(c) PUBLICATION
OF SUMMARIES.—The Assistant
Secretary shall publish summaries of the results of evalua-
tions of program, project, and activity impact and effective-
ness.
‘‘(d) AVAILABILITY OF FUNDS.—The Assistant Sec-
retary may use such sums as are required, but not to exceed
1 percent of the funds appropriated to carry out this title,
to conduct program, project, and activity evaluations (di-
rectly, or by grant or contract) as authorized by this title.
‘‘SEC. 469. ELIGIBILITY FOR OTHER BENEFITS.
‘‘Notwithstanding any other provision of law, no reim-
bursement of out-of-pocket expenses made to individuals
serving pursuant to subtitles A, B, and C shall be subject
to any tax or charge or be treated as wages or compensation
for the purposes of unemployment, temporary disability, re-
tirement, public assistance, workers’ compensation or simi-
lar benefit payments, or minimum wage laws.
‘‘SEC. 470. LEGAL EXPENSES.
‘‘Notwithstanding any other provision of law and pur-
suant to rules which the Assistant Secretary shall issue,
counsel may be employed and counsel fees, court costs, bail,
and other expenses incidental to the defense of volunteers
may be paid in judicial and administrative proceedings to
which full-time volunteers (or part-time volunteers if such
proceedings arise directly out of the performance of activi-
160
ties pursuant to this title), serving under this title have been
made parties.
‘‘Subtitle F—Authorization of
Appropriations
‘‘SEC. 491. AUTHORIZATION OF APPROPRIATIONS FOR PRO-
GRAMS.
‘‘(a) RETIRED AND SENIOR VOLUNTEER PROGRAM.—
There are authorized to be appropriated to carry out sub-
title A, $40,300,000 for fiscal year 1997 and such sums as
may be necessary for each of the fiscal years 1998, 1999,
2000, and 2001.
‘‘(b) FOSTER GRANDPARENT PROGRAM.—There are
authorized to be appropriated to carry out subtitle B,
$64,300,000 for fiscal year 1997 and such sums as may be
necessary for each of the fiscal years 1998, 1999, 2000, and
2001.
‘‘(c) SENIOR COMPANION PROGRAM.—There are au-
thorized to be appropriated to carry out subtitle C,
$32,200,000 for fiscal year 1997, and such sums as may
be necessary for each of the fiscal years 1998, 1999, 2000,
and 2001.’’.
SEC. 4. CONFORMING AMENDMENTS.
(a) CONFORMING AMENDMENTS TO THE DOMESTIC
VOLUNTEER SERVICE ACT OF 1973.—The Domestic Volun-
161
teer Service Act of 1973 (42 U.S.C. 4950–1585) is amend-
ed—
(1) in the table of contents by striking—
(A) the matter relating to title II,
(B) the items relating to sections 200
through 231, and
(C) the items relating to sections 418 and
502,
(2) by striking title II,
(3) in section 416(f)—
(A) in paragraph (1) by inserting ‘‘and’’ at
the end,
(B) by striking paragraph (2), and
(C) in paragraph (3)—
(i) by striking ‘‘paragraphs (1) and
(2)’’ and inserting ‘‘paragraph (1)’’, and
(ii) by redesignating paragraph (3) as
paragraph (2),
(4) by striking section 418,
(5) in section 421—
(A) in paragraph (2) by striking ‘‘and,’’
and all that follows through ‘‘Islands’’,
(B) by striking paragraphs (10), (14), (15),
and (18),