individuals who are residents of long-term
care facilities,
‘‘(II) ensure that residents in the
service area of the entity have regular,
timely access to representatives of the
State long-term care ombudsman program
and timely responses to complaints and re-
quests for assistance,
‘‘(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
residents,
‘‘(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, com-
ment 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 pub-
lic to comment on such laws, rules, poli-
cies, and actions,
‘‘(VII) support the development of
resident 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
duties specified in subparagraph (A).
‘‘(II) If the entities are grantees, or the
representatives are employees, of area agencies
on aging, the State agency shall develop the
policies after consultation with the area agen-
cies on aging. The policies shall provide for par-
ticipation and comment by such agencies and
for resolution 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 confiden-
tiality and conflict of interest.
‘‘(D) PROCEDURES
FOR
ACCESS.—The
State shall ensure, and shall establish proce-
dures 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 resi-
dent, if the representative has the permis-
sion of the resident (or the legal represent-
ative of the resident), or the resident is un-
able to consent to the review and has no
legal representative, 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 ap-
proval 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
agency shall collect and analyze data relating to
complaints and conditions in long-term care fa-
cilities and to older individuals who are resi-
dents of long-term care facilities, for the pur-
pose of identifying 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
ombudsman 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
disclosed only at the discretion of the State
agency. The procedures described in clause (i)
shall prohibit the disclosure of the identity of
any complainant, or resident of a long-term
care facility, with respect to whom the State
agency maintains such files or records unless—
‘‘(I) the complainant or resident, or
the legal representative of the complainant
or resident, consents to the disclosure and
the consent is given in writing,
‘‘(II) the complainant or resident
gives consent orally and the consent is doc-
umented contemporaneously in writing
made by a program representative of the
State agency in accordance with such re-
quirements as the State agency shall estab-
lish, or
‘‘(III) the disclosure is required by
court order.
‘‘(G) CONSULTATION.—In planning and
operating 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,
safety, welfare, and rights of older individ-
uals who are residents of long-term care
facilities, and to assist the program rep-
resentatives of the State agency in the per-
formance of the official duties of the State
agency, and
‘‘(II) legal representation is provided
to any program representative of the State
agency against whom suit or other legal
action is brought or threatened to be
brought in connection with the perform-
ance 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
unlawful,
‘‘(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, re-
taliation, and reprisals.
‘‘(L) LIMITATION ON EXPENDITURES.—(i)
Except as provided in clause (ii), the amount of
funds made available under this Act that may
be expended by a State in any fiscal year to
carry out the State long-term care ombudsman
program may not exceed the amount that bears
the same ratio to the aggregate amount of
funds made available under this Act for such
fiscal year to carry out chapter 2 as the amount
of funds made available under the Older Ameri-
cans Act of 1965 for fiscal year 1995 expended
by the State to carry out the State long-term
care ombudsman programs under title VII and
part B of title III of the Older Americans Act
of 1965 bears to the aggregate amount avail-
able under such Act for fiscal year 1995 to
carry out such title VII and such part B.
‘‘(ii)(I) If a State demonstrates, in an ap-
plication, to the satisfaction of the Assistant
Secretary that the maximum amount subpara-
graph (A) permits the State to expend for a fis-
cal year to carry out the State long-term care
ombudsman program is insufficient to satisfy
the need for services provided by such program,
then the Assistant Secretary may grant a waiv-
er that permits the State to expend for such fis-
cal year an amount equal to not more than 105
percent of such maximum amount to carry out
such program.
‘‘(II) At a minimum, the application de-
scribed in subclause (I) shall include a descrip-
tion 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.
‘‘(10) 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 expe-
rience 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.
‘‘(11) PREVENTION
OF
ELDER
ABUSE, NE-
GLECT, AND EXPLOITATION.—If the State elects to
provide for a fiscal year for services for the preven-
tion of elder abuse, neglect, and exploitation, the
plan shall—
‘‘(A) contain an assurance that the State
has in effect laws relating to elder abuse, ne-
glect, and exploitation that include provisions
for immunity for persons who report instances
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
households 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, ne-
glect, and exploitation remain confidential ex-
cept—
‘‘(i) if all parties to such complaint
consent in writing to the release of such
information,
‘‘(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 re-
solve any conflicts with other public agencies
with respect to confidentiality of the informa-
tion described in subparagraph (D),
‘‘(F) contain an assurance that the State
agency will coordinate its program with law en-
forcement officials, courts of competent juris-
diction, 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.
‘‘(12) 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 individuals,
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.
‘‘(13) OLDER
INDIVIDUALS
WITH
DISABIL-
ITIES.—The plan shall provide, with respect to the
needs of older individuals with disabilities, assur-
ances that the State agency will coordinate planning,
identification, assessment of needs, and services for
older individuals with disabilities (with particular at-
tention to individuals with severe disabilities) with
the State agencies with primary responsibility for in-
dividuals with disabilities (including severe disabil-
ities).
‘‘(14) COORDINATION
OF
COMMUNITY-BASED
LONG-TERM CARE SERVICES.—The plan shall pro-
vide assurances that area agencies on aging will con-
duct efforts to facilitate the coordination of commu-
nity-based long-term care services, pursuant to sec-
tion 305(a)(6)(G), for older individuals who—
‘‘(A) reside at home and are at risk of in-
stitutionalization 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.
‘‘(15) PROHIBITION ON MISUSE OF FUNDS.—
The plan shall provide assurances that funds re-
ceived from allotments under section 302(a) will not
be used to pay any part of a cost (including an ad-
ministrative cost) incurred by the State or an area
agency on aging to carry out a contract or commer-
cial relationship that is not carried out to implement
chapter 2 or 3.
‘‘(16) 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 activi-
ties, such as opportunities for older individuals
to serve as mentors or advisers in programs
that provide child care, youth day care, edu-
cational assistance, at-risk youth intervention,
juvenile delinquency treatment, and family sup-
port.
‘‘(17) QUALITY
ASSURANCE.—The plan shall
include assurances that the State has in effect a
mechanism to provide for quality in the provision of
services under chapters 2 and 3.
‘‘(18) 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 serv-
ices 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,
‘‘(ii) set cost-sharing rates for individuals
with incomes above such threshold on a sliding-
fee scale based on income, and
‘‘(iii) provide that the income of older indi-
viduals will be determined by self-declaration.
‘‘(19) 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
access to, services provided under the plan.
‘‘(20) 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
service 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
Secretary shall approve any State plan that the Assistant
Secretary finds fulfills the requirements of subsection (a).
‘‘(c) DISAPPROVAL OF STATE PLAN.—(1) The As-
sistant 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
notice and opportunity for a hearing.
‘‘(2) Not later than 30 days after such final deter-
mination, a State dissatisfied with such final determina-
tion may appeal such final determination to the Secretary
for review. If the State timely appeals such final deter-
mination in accordance with subsection (e)(1), the Sec-
retary 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 sub-
section (e).
‘‘(B) For purposes of appellate review under subpara-
graph (A), a reference in subsection (e) to the Assistant
Secretary shall be deemed to be a reference to the Sec-
retary.
‘‘(d) NOTIFICATION OF STATE.—(1) Whenever the
Assistant Secretary, after providing reasonable notice and
opportunity 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 fur-
ther payments shall be made to the State from its allot-
ments 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)(4)
shall apply with respect to the use of such funds by the
organization, 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 Sec-
retary, or any officer designated by the Assistant Sec-
retary for such purpose. The Assistant Secretary there-
upon shall file in the court the record of the proceedings
on which the Assistant Secretary’s action is based, as pro-
vided 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 As-
sistant Secretary may modify or set aside the Assistant
Secretary’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 proceed-
ings. 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 Unit-
ed States upon certiorari or certification as provided in
section 1254 of title 28, United States Code.
‘‘(3) The commencement of proceedings under this
subsection shall not, unless so specifically ordered by the
court, operate as a stay of the Assistant Secretary’s ac-
tion.
‘‘(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 re-
veal any information that is protected by the attorney-cli-
ent privilege.
‘‘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 pe-
riod determined by the State agency, with such annual ad-
justments 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 follow-
ing requirements:
‘‘(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
establishment or maintenance of multipurpose
senior centers, within the planning and service
area covered by the plan,
‘‘(B) determining the extent of need for
supportive services, nutrition services (taking
into consideration the comparative need for
home-delivered nutrition services and con-
gregate nutrition services), and multipurpose
senior centers in such area (taking into consid-
eration, 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 on reservations in
such area, and the number of older individuals
who are Indians residing in such area, and the
efforts of voluntary organizations in the com-
munity),
‘‘(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,
address the nutrition and health-promotion needs of
older individuals, provide advocacy for and protect
the rights of vulnerable older individuals in both
community-based and institutional settings, specify
efforts to be undertaken to ensure the quality of
supportive 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
SERV-
ICES.—The plan shall provide for the establishment
and maintenance of information and assistance serv-
ices to ensure that older individuals within the plan-
ning and service area covered by the plan will have
reasonably convenient access to such services, with
particular emphasis on linking services available to
isolated older individuals and older individuals with
Alzheimer’s disease or related disorders with neuro-
logical and organic brain dysfunction (and the care-
takers of individuals with such disease or disorders).
‘‘(5) SPECIFIC
OBJECTIVES; OUTREACH.—(A)
The plan shall contain assurances that the area
agency on aging will set specific objectives for pro-
viding services to older individuals with greatest eco-
nomic 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
disabilities,
‘‘(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
COUN-
CIL.—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 comment-
ing on all policies, programs, hearings, levies,
and community actions that will affect older in-
dividuals,
‘‘(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
individuals, local elected officials, providers of
veterans’ health care (if appropriate), and the
general public, to advise continuously the area
agency on aging on all matters relating to the
development of the area plan, the administra-
tion 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
management services as a component of the
long-term care services,
‘‘(F) facilitate the involvement of long-
term care providers in the coordination of com-
munity-based long-term care services and work
to ensure community awareness of and involve-
ment 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
denied 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
prevent the abuse, neglect, or exploitation of older
individuals 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 a program
consistent 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 ex-
ploitation of older individuals, and
‘‘(ii) upon receipt of a report of
known or suspected instances of elder
abuse, 
neglect, 
or 
exploitation, 
shall
promptly refer to reported matter to the
proper authorities for investigation and ac-
tion 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
agency 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
services to older individuals.
‘‘(10) PROHIBITION ON MISUSE OF FUNDS.—
The plan shall contain assurances that funds re-
ceived from allotments under section 302(a) will not
be used to pay any part of a cost (including an ad-
ministrative cost) incurred by the area agency on
aging to carry out a contract or commercial relation-
ship that is not carried out to implement chapters
2 and 3.
‘‘(11) PROHIBITION
OF
PREFERENCE.—The
plan shall contain assurances that preference in re-
ceiving services under chapters 2 and 3 will not be
given by the area agency on aging to particular older
individuals as a result of a contract or commercial
relationship that is not carried out to implement
such chapters.
‘‘(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), and
‘‘(C) be provided by—
‘‘(i) a public agency, or
‘‘(ii) a nonprofit private agency that—
100
‘‘(I) does not provide, and does
not have a direct or indirect owner-
ship or controlling interest in, or a di-
rect or indirect affiliation or relation-
ship with, an entity that provides,
services (other than case management
services, outreach, and information
and referral) under this title, or
‘‘(II) is located in a rural area
and obtains a waiver of the require-
ment described in subclause (I).
‘‘(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)(18).
‘‘(b) PRESERVATION OF ATTORNEY-CLIENT PRIVI-
LEGE.—An area agency on aging may not require any pro-
vider of legal assistance under this chapter to reveal any
information that is protected by the attorney-client privi-
lege.
‘‘(c) STATE AUTHORITY TO WITHHOLD FUNDS.—(1)
If the head of a State agency finds that an area agency
on aging has failed to comply with Federal or State laws,
101
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 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).
102
‘‘(B) If the State agency determines that the area
agency on aging has not taken corrective action, or if the
State agency does not approve the corrective action, dur-
ing 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, includ-
ing—
‘‘(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 serv-
ices, nutrition services (taking into consideration the
comparative need for home-delivered nutrition serv-
ices and for congregate nutrition services), multipur-
pose senior centers, and community service employ-
ment within the State, and dissemination of infor-
mation so obtained,
103
‘‘(D) the provision of short-term training to
personnel of public or nonprofit private agencies and
organizations 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 ini-
tiation, expansion, or improvement of services and
activities 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)(2)(B) 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
all, or substantially all, of the older individuals in the
State, as determined by the Assistant Secretary, may elect
104
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 sec-
tion 302(c)(2)(B), but shall not pay such costs out of both
such amounts.
‘‘(b) AUTHORITY TO TRANSFER FUNDS.—(1)(A)
Notwithstanding any other provision of this subtitle and
except as provided in subparagraph (B), of the funds re-
ceived by a State attributable to funds appropriated under
paragraphs (1) and (2) of section 395(a), the State (after
consultation with area agencies on aging and with service
providers) 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 re-
ceived by the State and attributable to funds appropriated
under paragraphs (1) and (2) of section 395(a), (including
funds transferred under subparagraph (A) without regard
to this subparagraph) for any fiscal year are insufficient
to satisfy the need for services under chapter 2 or 3, then
the Assistant Secretary may grant a waiver that permits
105
the State to transfer under subparagraph (A) to satisfy
such need an additional 25 percent of the funds so re-
ceived 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 trans-
ferred. 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 202, data
regarding 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 provi-
sion of services provided under—
‘‘(i) chapter 2, and
106
‘‘(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 adjust-
ments resulting from previously made overpayments or
underpayments) 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 Sec-
retary 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), edu-
cation and training, welfare, informational, rec-
reational, homemaker, counseling, or referral serv-
ices.
‘‘(2) Services designed to encourage and assist
older individuals to use the facilities and services
(including information and assistance services) avail-
able to them, including language translation services
107
to assist older individuals with limited-English
speaking ability to obtain services under this chap-
ter.
‘‘(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).
‘‘(4) Services designed to assist older individ-
uals to avoid institutionalization, and services de-
signed to assist individuals in long-term care institu-
tions who are able to return to their communities,
including—
108
‘‘(A) client assessment services, and devel-
opment and coordination of community-based
services,
‘‘(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 indi-
viduals, 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,
reader, 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—
109
‘‘(i) of individuals who are wards (or
are allegedly incapacitated), and
‘‘(ii) in guardianship proceedings of
older individuals who seek to become
guardians, if other adequate representation
is unavailable 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 individ-
uals to attain and maintain physical and mental
well-being through programs of regular physical ac-
tivity,
‘‘(7) Activities designed to promote disease pre-
vention and health promotion.
‘‘(8) Services designed to provide, for older in-
dividuals, 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
matters, leisure time, and other appropriate matters.
‘‘(9) Services of an ombudsman to receive, in-
vestigate, and act on complaints by older individuals
110
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 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
diseases 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-
111
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 mul-
tipurpose 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 ac-
cess to the services authorized by this subsection to
be provided.
‘‘(21) Any other services.
‘‘CHAPTER 3—NUTRITION SERVICES
‘‘SEC. 331. PROGRAM AUTHORIZED.
‘‘(a) NUTRITION SERVICES.—The Assistant Sec-
retary shall carry out a program for making grants to
States under State plans approved under section 304 for
the establishment and operation of nutrition projects 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—
112
‘‘(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
individuals under subsection (a)(3) may be hot, cold, fro-
zen, dried, canned, or supplemental foods (with a satisfac-
tory 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,
113
‘‘(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 pro-
vides 2 meals per day, and
‘‘(III) 100 percent of the allow-
ances if the project provides 3 meals
per day,
‘‘(iii) to the maximum extent prac-
ticable, are adjusted to meet any special
dietary 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
contracts that limit the amount of time meals
must 
spend 
in 
transit 
before 
they 
are
consumed,
114
‘‘(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 op-
tion 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 disabil-
ities who reside at home with and accompany
older individuals 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-
115
uals with disabilities who are not older individ-
uals but who reside in housing facilities occu-
pied primarily by older individuals at which
congregate nutrition services are provided, and
‘‘(I) where appropriate, provide for nutri-
tion education, counseling, and screening.
‘‘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 1995’.
‘‘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 bene-
fits for older individuals who are employed under agree-
ments made under subsection (b).
‘‘(B) The amount of such grant remaining (if any)
after the application of section 302(c) and subparagraph
116
(A) may be used to pay other employment-related costs
relating such individuals, including costs incurred—
‘‘(i) to perform the assessment described in
subsection (c)(10),
‘‘(ii) to provide the training described in sub-
section (c)(2),
‘‘(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
described in subparagraph (C) from non-Federal sources.
‘‘(b) ELIGIBILITY FOR GRANTS.—To be eligible to re-
ceive a grant under subsection (a), a State or tribal orga-
117
nization shall submit to the Assistant Secretary an appli-
cation in such form and containing such information as
the Assistant Secretary may require by rule, including an
assurance that such grant will be used by the State or
tribal organization to carry out projects (excluding
projects involving the construction, operation, or mainte-
nance of any facility used or to be used as a place for
sectarian religious instruction or worship) for the purpose
specified in subsection (a) through the following types of
agreements that satisfy the requirements of subsection (c):
‘‘(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) State and local affiliates of national
organizations that received 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).
118
‘‘(2) At the election of the State or tribal orga-
nization, not more than 5 percent of the grant re-
ceived under subsection (a) may be used to enter
into agreements with businesses (giving special con-
sideration to businesses in growth industries) to pay
not more than 50 percent of the cost of providing
part-time or full-time employment to older individ-
uals described in subsection (a).
‘‘(c) REQUIREMENTS.—Each agreement made under
subsection (b) shall be made on a competitive basis that
may include consideration of demonstrated ability of the
proponent of the project involved to provide employment
to older individuals described in subsection (a) and shall
provide that no payment shall be made by the State or
tribal organization toward the cost of such project unless
the State or tribal organization determines that such
project, and the entity that carries out such project, will
satisfy all of the of following:
‘‘(1)(A) The entity that carries out such project
will use funds received under such agreement that
are attributable to a grant made under subsection
(a) to pay not more than 85 percent of the cost of
such project.
‘‘(B) The non-Federal share of such cost will be
contributed in cash or in kind. In determining the
119
amount of the non-Federal share, the Assistant Sec-
retary may attribute fair market value to services
and facilities contributed from non-Federal sources.
‘‘(2) The project will provide employment only
for older individuals described in subsection (a), ex-
cept for necessary technical, administrative, and su-
pervisory personnel, but such personnel shall, to the
fullest extent possible, be recruited from among
older individuals described in subsection (a).
‘‘(3)(A) If such agreement is made with a
State, the project will provide employment for such
individuals in the community in which such individ-
uals reside, or in nearby communities.
‘‘(B) If such agreement is made with a tribal
organization, the project will provide employment for
such individuals who are Indians residing on an In-
dian reservation.
‘‘(4) The project (except with respect to an
agreement described in subsection (b)(2)) will em-
ploy such individuals in services related to publicly
owned and operated facilities and projects, or related
to projects sponsored by organizations (other than
political parties) described in section 501(c)(3) of
the Internal Revenue Code of 1986 that are exempt
from taxation under subsection 501(a) of such Code.
120
‘‘(5) The project will contribute to the general
welfare of the community.
‘‘(6) The project will—
‘‘(A) result in an increase in employment
opportunities over those opportunities that
would otherwise be available,
‘‘(B) not result in the displacement of cur-
rently employed workers (including partial dis-
placement, such as a reduction in the hours of
nonovertime work or wages or employment ben-
efits), and
‘‘(C) not impair existing contracts or result
in the substitution of Federal funds for other
funds in connection with work that would other-
wise be performed.
‘‘(7) The project will utilize methods of recruit-
ment and selection (including listing of job vacancies
with the employment agency operated by any State
or political subdivision thereof) that will ensure that
the maximum number of older individuals described
in subsection (a) will have an opportunity to partici-
pate in the project.
‘‘(8) The project will include such training as
may be necessary to make the most effective use of
the skills and talents of such individuals who are
121
participating and assist in their transition into em-
ployment for which no financial assistance is pro-
vided under this chapter, and may provide for the
payment of the reasonable expenses of such individ-
uals being trained.
‘‘(9) The project will be established or adminis-
tered with the advice of individuals competent in the
field of service in which employment is being pro-
vided, and of individuals who are knowledgeable with
regard to the needs of older individuals.
‘‘(10) The project may authorize payment for
reasonable transportation costs of older individuals
described in subsection (a) that may be incurred in
employment in the project.
‘‘(11) The project will prepare an assessment
of—
‘‘(A) the participating older individuals’
skills and talents,
‘‘(B) their need for supportive services,
and
‘‘(C) their ability to perform community
service employment,
except to the extent such project has, for the par-
ticular participant involved, an assessment of such
skills and talents, such need, or such capabilities
122
prepared recently pursuant to another employment
or training program.
‘‘(12) The entity that carries out such project
will post in the project workplace a notice, and will
make available to each individual associated with
such project a written explanation, clarifying the law
with respect to allowable and unallowable political
activities under chapter 15 of title 5, United States
Code, applicable to the project and to each category
of individuals associated with such project.
‘‘(13) In providing employment opportunities
under the project, such entity will give priority to
low-income individuals who are 60 years of age or
older.
‘‘(d) 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 orga-
nization, in which projects described in subsection
(b) are most needed,
123
‘‘(B) in making such determination, consider
the local employment situations and the types of
skills possessed by available local older individuals
described in subsection (a), and
‘‘(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
carried out under this Act,
‘‘(B) federally supported job training programs,
and
‘‘(C) other Federal and State employment pro-
grams,
to increase job opportunities available to older individuals.
‘‘(3) To the maximum extent practicable, the State
shall ensure that entities that carry out projects under
agreements made under subsection (b) provide employ-
ment under this chapter to older individuals who imme-
diately before the effective date of this chapter were em-
ployees under an agreement made under 502(b) of the
Older Americans Act of 1965.
‘‘(e) EQUITABLE USE OF FUNDS.—To the maximum
extent practicable, the State shall use funds available to
124
carry out this chapter to make agreements under sub-
section (b) in an equitable manner, taking into consider-
ation the number of eligible older individuals in the var-
ious geographical areas and the relative distribution of
such individuals among urban and rural areas.
‘‘(f) PRIOR SUBMISSION
OF PROJECT DESCRIP-
TION.—Whenever a project 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 plan-
ning and service area in a State, such organization or such
entity shall conduct such project in consultation 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 description (in-
cluding the location) of such project.
‘‘(g) ALTERNATIVE WORK MODES; TECHNICAL AS-
SISTANCE.—States and tribal organizations may develop
alternatives for innovative work modes and provide tech-
nical assistance in creating job opportunities through work
sharing and other experimental methods to groups rep-
resenting business and industry and workers, as well as
to individual employers, where appropriate.
‘‘(h) REPORT.—If for a fiscal year a State or tribal
organization elects under subsection (b) to make agree-
125
ments 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.
‘‘(i) RULES.—The Secretary shall issue, and amend
from time to time, rules that require States and tribal or-
ganizations that receive grants under subsection (a) to es-
tablish, 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 employ-
ment positions for which no financial assistance is pro-
vided 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
Federal 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 applica-
ble to employees, unless the contractor shall undertake to
provide either through insurance by a recognized carrier,
126
or by self-insurance, as authorized by State law, that the
individuals employed under the contract shall enjoy work-
men’s compensation coverage equal to that provided by
law for covered employment.
‘‘Subtitle B—Grants for Native
American Programs on Aging
‘‘SEC. 371. 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 nu-
trition services for older individuals who are Native Ameri-
cans.
‘‘(b) ELIGIBILITY OF ORGANIZATIONS.—An organi-
zation is eligible to receive a grant under this subtitle 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
supportive 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
supportive services and nutritional services, or
127
‘‘(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
supportive services and nutrition services.
‘‘SEC. 372. APPLICATIONS FOR GRANTS.
‘‘(a) REQUIREMENT.—A grant may not be made
under this subtitle unless an eligible organization submits
an application to the Assistant Secretary that meets such
criteria as the Assistant Secretary may establish by rule.
Each such application shall—
‘‘(1) provide that such organization shall evalu-
ate the need for supportive and nutrition services
among older individuals who are—
‘‘(A) Indians represented by the such orga-
nization if such organization is a tribal organi-
zation,
‘‘(B) Alaska Natives represented by such
organization if such organization is an Alaska
Native 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 ef-
128
ficient administration of the project to be carried out
with such grant,
‘‘(3) provide an assurance that such organiza-
tion will make such reports in such form and con-
taining such information, as the Assistant Secretary
may reasonably require, and comply with such re-
quirements 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 enti-
129
ties, nutrition services will be delivered to older indi-
viduals who are—
‘‘(A) Indians represented by the such orga-
nization if such organization is a tribal organi-
zation,
‘‘(B) Alaska Natives represented by such
organization if such organization is an Alaska
Native organization, or
‘‘(C) Native Hawaiians to be served by
such organization,
and will substantially comply with chapter 2 of sub-
title A, except that in any case in which the need of
such individuals for nutritional services is already
met from other sources, such organization may ex-
pend for supportive services the funds otherwise re-
quired 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
organization if such organization is an Alaska
Native organization, or
130
‘‘(C) Native Hawaiians to be served by
such organization,
will be in substantial compliance with the provisions
of subtitle A relating to the furnishing of similar
services,
‘‘(10) contain satisfactory assurances that fiscal
control and fund accounting procedures will be
adopted as may be necessary to ensure proper dis-
bursement of, and accounting for, Federal funds
paid under this subtitle to such organization, includ-
ing any funds paid by such organization to a recipi-
ent of a grant or contract,
‘‘(11) contain assurances that such organization
will coordinate services provided under this subtitle
with services provided under subtitle A 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 con-
tributions 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 subtitle.
131
‘‘(b) POPULATION STATISTICS.—For the purpose of
any application submitted under this subsection (a), an
eligible organization may develop its own population sta-
tistics, with a certification from the Bureau of Indian Af-
fairs, in order to establish eligibility to receive a grant
under this subtitle.
‘‘(c) APPROVAL
OF APPLICATION.—The Assistant
Secretary shall approve any application that complies with
subsection (a).
‘‘(d) APPLICATION NOT APPROVED.—Whenever the
Assistant Secretary determines not to approve an applica-
tion submitted under subsection (a) the Assistant Sec-
retary 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 stat-
ed 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.
132
‘‘SEC. 373. DISTRIBUTION OF FUNDS AMONG TRIBAL ORGA-
NIZATIONS AND ALASKA NATIVE ORGANIZA-
TIONS.
‘‘(a) MAINTENANCE of 1991 AMOUNTS.—Subject to
the availability of appropriations to carry out this subtitle,
the amount of the grant (if any) made under this subtitle
to a tribal organization or an Alaska Native Organization
for fiscal year 1997 and for each subsequent fiscal year
shall be not less than the amount of the grant made under
part A of title VI of the Older Americans Act of 1965
to the tribal organization or an Alaska Native organization
for fiscal year 1991.
‘‘(b) USE
OF
ADDITIONAL
AMOUNTS
APPRO-
PRIATED.—If the amount appropriated to carry out this
subtitle in a fiscal year subsequent to fiscal year 1996 ex-
ceeds the amount appropriated to carry out part A of title
VI of the Older Americans Act of 1965 in fiscal year 1991,
then the amount of the grant (if any) made under this
subtitle to a tribal organization or an Alaska Native orga-
nization 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 part
A of title VI of the Older Americans Act of 1965 to
133
the tribal organization or an Alaska Native organi-
zation for fiscal year 1980, or
‘‘(2) an amount the Assistant Secretary consid-
ers to be sufficient if the tribal organization or an
Alaska Native Organization did not receive a grant
under part A of title VI of the Older Americans Act
of 1965 for either fiscal year 1980 or fiscal year
1991.
‘‘SEC. 374. SURPLUS EDUCATIONAL FACILITIES
‘‘(a) REQUIREMENT.—Notwithstanding any other
provision of law, the Secretary of the Interior, acting
through the Bureau of Indian Affairs, shall make available
surplus Indian educational facilities and surplus Alaska
Native educational facilities to tribal organizations and
Alaska Native organizations, and to nonprofit organiza-
tions with the approval of the Indian tribe or Alaska Na-
tive organization involved, for use as multipurpose senior
centers. Such centers may be altered so as to provide ex-
tended care facilities, community center facilities, nutri-
tion services, adult day care services, child care services,
and other supportive services.
‘‘(b) APPLICATION.—To request to receive surplus
educational facilities made available under subsection (a),
a tribal organization or Alaska Native organization shall
submit an application to the Secretary of the Interior at
134
such time and such manner, and containing such informa-
tion, as the Secretary of the Interior determines to be nec-
essary to carry out this section.
‘‘SEC. 375. ADMINISTRATION
‘‘For the purpose of issuing rules to carry out this
subtitle, the Assistant Secretary shall consult with the
Secretary of the Interior.
‘‘SEC. 376. PAYMENTS
‘‘Payments may be made under this subtitle (after
necessary adjustments on account of previously made
overpayments or underpayments) in advance or by way of
reimbursement in such installments and on such condi-
tions as the Assistant Secretary may determine.
‘‘Subtitle C—Authorization of
Appropriations
‘‘SEC. 395. AUTHORIZATION OF APPROPRIATIONS.
‘‘(a) AUTHORIZATION OF APPROPRIATIONS FOR SUB-
TITLE A.—
‘‘(1) SUPPORTIVE
SERVICES
AND
MULTIPUR-
POSE SENIOR 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.
135
‘‘(2) NUTRITION SERVICES.—There are author-
ized to be appropriated to carry out chapter 3 of
subtitle A $446,381,000 for fiscal year 1997 and
such sums as may be necessary for fiscal years
1998, 1999, 2000, and 2001.
‘‘(3) COMMUNITY
SERVICE
EMPLOYMENT.—
There are authorized to be appropriated to carry out
chapter 4 of subtitle A $350,000,000 for fiscal year
1997 and such sums as may be necessary for fiscal
years 1998, 1999, 2000, and 2001.
‘‘(b) AUTHORIZATION OF APPROPRIATIONS FOR SUB-
TITLE B.—There are authorized to be appropriated to
carry out subtitle $16,057,000 for fiscal year 1997 and
such sums as may be necessary for fiscal years 1998,
1999, 2000, and 2001.
‘‘SEC. 396. ADDITIONAL FUNDS AVAILABLE FOR NUTRITION
SERVICES.
‘‘(a) FUNDS AVAILABLE.—In addition to the amount
appropriated under section 395(a)(2), and to provide nu-
trition services under subtitles A and B for each of the
fiscal years 1997, 1998, 1999, 2000, and 2001, an
amount equal to 33 percent of the amount appropriated
under section 395(a)(2) for such fiscal year shall be made
available to the Assistant Secretary by the Secretary of
Agriculture from—
136
‘‘(1) funds appropriated to the Secretary of Ag-
riculture for such fiscal year to carry out this sec-
tion, and
‘‘(2) to the extent such funds are insufficient,
from funds available under section 32 of the Act of
August 24, 1935 (7 U.S.C. 612c; Public Law 74–
320).
‘‘(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
accordance with section 302(a) to provide nutrition
services under subtitle A, and
‘‘(2) the balance is available to make grants
under subtitle B to provide nutrition services.
‘‘(c) ELECTION TO RECEIVE COMMODITIES IN LIEU
OF CASH.—
‘‘(1) ELECTION.—A State to which funds are
allotted under subsection (b)(1), or a recipient of a
grant referred to in subsection (b)(2), may elect to
receive 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
137
(1), the Assistant Secretary shall use the amount of
such funds designated by the State, or of such grant
designated by the grant recipient, to purchase com-
modities from the Secretary of Agriculture and to
make such commodities available to the State or
grant recipient.
‘‘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 Grand-
parent Program, and the Senior Companion Pro-
gram, that empowers older individuals to contribute
to their communities through volunteer service, en-
hances the lives of the volunteers and those whom
they serve, and provides communities with valuable
services,
‘‘(2) subtitle A, the Retired and Senior Volun-
teer Program, to utilize the vast talents of older in-
dividuals willing to share their experiences, abilities,
and skills in responding to a wide variety of commu-
nity needs,