Union Calendar No. 198
106TH CONGRESS
1ST SESSION
H. R. 782
[Report No. 106–343]
A BILL
To amend the Older Americans Act of 1965 to au-
thorize appropriations for fiscal years 2000
through 2003.
SEPTEMBER 28, 1999
Reported with amendments, committed to the Committee
of the Whole House on the State of the Union, and or-
dered to be printed
IB
Union Calendar No. 198
106TH CONGRESS
1ST SESSION
H. R. 782
[Report No. 106–343]
To amend the Older Americans Act of 1965 to authorize appropriations
for fiscal years 2000 through 2003.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 23, 1999
Mr. BARRETT of Nebraska (for himself, Mr. MARTINEZ, Mr. MCKEON, Mr.
GOODLING, and Mr. CLAY) introduced the following bill; which was re-
ferred to the Committee on Education and the Workforce
SEPTEMBER 28, 1999
Additional sponsors: Mr. TERRY, Mr. GILCHREST, and Mr. SHUSTER
SEPTEMBER 28, 1999
Reported with amendments, committed to the Committee of the Whole House
on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on February 23, 1999]
A BILL
To amend the Older Americans Act of 1965 to authorize
appropriations for fiscal years 2000 through 2003.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Older Americans
Amendments of 1999’’.
SEC. 2. TABLE OF CONTENTS.
The table of contents of the Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Amendment to the Older Americans Act of 1965.
Sec. 4. Conforming amendments.
Sec. 5. Fiscal year references for fiscal year 2000.
Sec. 6. Issuance of rules.
Sec. 7. Effective dates.
SEC. 3. AMENDMENT TO THE OLDER AMERICANS ACT OF
1965.
The Older Americans Act of 1965 (42 U.S.C. 3001 et
seq.) is amended to read as follows:
‘‘SECTION 1. SHORT TITLE.
‘‘This Act may be cited as the ‘Older Americans Act
of 1999’.
‘‘SEC. 2. TABLE OF CONTENTS.
‘‘The table of contents of this Act is as follows:
‘‘Sec. 1. Short title.
‘‘Sec. 2. Table of contents.
‘‘TITLE I—GENERAL PROVISIONS
‘‘Subtitle A—Statement of Purpose; Definitions
‘‘Sec. 101. Purpose.
‘‘Sec. 102. Definitions.
‘‘Subtitle B—Administration
‘‘Sec. 111. Establishment of Administration on Aging.
‘‘Sec. 112. Duties of Assistant Secretary.
‘‘Sec. 113. Federal agency consultation.
‘‘Sec. 114. Powers of the Assistant Secretary.
‘‘Sec. 115. Misuse of funds by providers.
‘‘Sec. 116. Evaluations.
‘‘Sec. 117. Reports.
‘‘Sec. 118. Reduction of paperwork.
‘‘Sec. 119. Surplus property eligibility.
‘‘Sec. 120. Benefit treatment under other laws.
‘‘Sec. 121. Authorization of appropriations.
‘‘TITLE II—GRANTS FOR NATIVE AMERICAN PROGRAMS ON AGING
‘‘Sec. 201. Grants for services to native americans.
‘‘Sec. 202. Applications for grants.
‘‘Sec. 203. Distribution of funds among tribal organizations, alaska native orga-
nizations, and organizations serving native hawaiians.
‘‘Sec. 204. Surplus educational facilities.
‘‘Sec. 205. Administration.
‘‘Sec. 206. Payments.
‘‘Sec. 207. Authorization of appropriations.
‘‘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.
‘‘Sec. 302. Allotments; Federal share.
‘‘Sec. 303. Eligibility of States; organization.
‘‘Sec. 304. State plans.
‘‘Sec. 305. Area plans.
‘‘Sec. 306. Planning, coordination, evaluation, and administration of State
plans.
‘‘Sec. 307. Payments.
‘‘CHAPTER 2—SUPPORTIVE SERVICES AND MULTIPURPOSE SENIOR CENTERS
‘‘Sec. 321. Program authorized.
‘‘CHAPTER 3—NUTRITION SERVICES
‘‘PART I—CONGREGATE NUTRITION SERVICES
‘‘Sec. 331. Program authorized.
‘‘PART II—HOME DELIVERED NUTRITION SERVICES
‘‘Sec. 334. Program authorized.
‘‘PART III—ADDITIONAL REQUIREMENTS
‘‘Sec. 337. Nutrition.
‘‘CHAPTER 4—DISASTER RELIEF REIMBURSEMENTS
‘‘Sec. 341. Disaster relief reimbursements.
‘‘Subtitle B—Disease Prevention and Health Promotion Services Program
Authorized
‘‘Sec. 351. Program authorized.
‘‘Sec. 352. Distribution to area agencies on aging.
‘‘Sec. 353. Definition.
‘‘Subtitle C—Family Caregiver Programs
‘‘Sec. 361. Program authorized.
‘‘Subtitle D—Authorization of Appropriations
‘‘Sec. 391. Authorization of appropriations.
‘‘Sec. 392. Additional funds available for nutrition services.
‘‘TITLE IV—STATE LONG-TERM CARE OMBUDSMAN PROGRAMS;
SERVICES FOR THE PREVENTION AND REMEDIATION OF ELDER
ABUSE, NEGLECT, AND EXPLOITATION
‘‘Subtitle A—Use of Additional Allotments
‘‘Sec. 401. Use of allotments.
‘‘Subtitle B—State Long-Term Care Ombudsman Program
‘‘Sec. 421. Requirements applicable to State long-term care ombudsman program.
‘‘Subtitle C—Prevention and Remediation of Elder Abuse, Neglect, and
Exploitation
‘‘Sec. 441. Requirements applicable to providing services to prevent and to reme-
diate elder abuse, neglect, and exploitation.
‘‘Sec. 442. Manner of providing of services.
‘‘Subtitle D—Administrative Provisions; Authorizations of Appropriations
‘‘Sec. 491. Technical assistance.
‘‘Sec. 492. Audits.
‘‘Sec. 493. Authorizations of appropriations.
‘‘TITLE V—COMMUNITY SERVICE EMPLOYMENT FOR OLDER
AMERICANS
‘‘Sec. 501. Short title.
‘‘Sec. 502. Allotment and reservation of funds for community service employment.
‘‘Sec. 503. Older american community service employment program.
‘‘Sec. 504. Participants not Federal employees.
‘‘Sec. 505. Treatment of employment assistance for purposes of Federal housing
and food stamp programs.
‘‘Sec. 506. Authorization of appropriations.
‘‘TITLE I—GENERAL PROVISIONS
‘‘Subtitle A—Statement of Purpose;
Definitions
‘‘SEC. 101. PURPOSE.
‘‘It is the purpose of this Act to encourage and assist
State agencies, area agencies on aging, and tribal organiza-
tions to concentrate resources in order to develop greater
capacity and foster the development and implementation of
comprehensive and coordinated systems to serve older indi-
viduals by entering into cooperative arrangements in each
State for the planning and provision of supportive services,
nutrition services, multipurpose senior centers, community
service employment, and volunteer services, in order to—
‘‘(1) secure and maintain maximum independ-
ence and dignity in a home environment for older in-
dividuals capable of self care with appropriate sup-
portive services,
‘‘(2) remove individual and social barriers to
economic and personal independence for older indi-
viduals,
‘‘(3) provide a continuum of care for vulnerable
older individuals,
‘‘(4) secure the opportunity for older individuals
to receive managed in-home and community-based
long-term care services,
‘‘(5) ensure that older individuals will be pro-
tected against abuse, neglect, and exploitation, and
‘‘(6) promote employment opportunities and
community service.
‘‘SEC. 102. DEFINITIONS.
‘‘For the purposes of this Act:
‘‘(1) ABUSE.—The term ‘abuse’ means (except
when such term is used in the phrase ‘drug and alco-
hol abuse’) the willful—
‘‘(A) infliction of injury, unreasonable con-
finement, intimidation, or cruel punishment
with resulting physical harm, pain, or mental
anguish, or
‘‘(B) deprivation by a person, including a
caregiver and a caretaker, of goods or services
that are necessary to avoid physical harm, men-
tal anguish, or mental illness.
‘‘(2) ADMINISTRATION.—The term ‘Administra-
tion’ means the Administration on Aging.
‘‘(3) ADULT
CHILD
WITH
A
DISABILITY.—The
term ‘adult child with a disability’ means a child
who—
‘‘(A) is 18 years of age or older,
‘‘(B) is financially dependent on an older
individual who is a parent of the child, and
‘‘(C) has a disability.
‘‘(4) ALASKA NATIVE.—The term ‘Alaska Native’
means an Alaska Native who is a member of an Alas-
ka Native organization.
‘‘(5) ALASKA NATIVE ORGANIZATION.—The term
‘Alaska Native organization’ means an Alaska Native
village, or an Alaskan Native regional or village cor-
poration, as defined in or established pursuant to the
Alaska Native Claims Settlement Act (Public Law
92–203; 85 Stat. 688), that is recognized as eligible
for the special programs and services provided by the
United States to Alaska Natives because of their sta-
tus as Alaska Natives.
‘‘(6) AREA AGENCY ON AGING.—The term ‘area
agency on aging’ means an area agency on aging des-
ignated under section 303(a)(2)(A) or a State agency
performing the functions of an area agency on aging
under section 303(a)(1)(E).
‘‘(7) ASSISTANT SECRETARY.—The term ‘Assist-
ant Secretary’ means the Assistant Secretary for
Aging.
‘‘(8) ASSISTIVE TECHNOLOGY.—The term ‘assist-
ive technology’ means technology, engineering meth-
odologies, or scientific principles appropriate to meet
the needs of, and address the barriers confronted by,
older individuals with functional limitations.
‘‘(9) BOARD
AND
CARE
FACILITY.—The term
‘board and care facility’ means an institution regu-
lated by a State pursuant to section 1616(e) of the
Social Security Act (42 U.S.C. 1382e(e)).
‘‘(10) CAREGIVER.—The term ‘caregiver’ means
a family member or other individual who provides
(on behalf of such individual or of a public or private
agency, organization, or institution) uncompensated
care to an older individual who needs supportive
services.
‘‘(11) CARETAKER.—The term ‘caretaker’ means
an individual who has the responsibility for the care
of an older individual, either voluntarily, by contract,
by receipt of payment for care, or as a result of the
operation of law.
‘‘(12) CASE MANAGEMENT SERVICE.—The term
‘case management service’—
‘‘(A) means a service provided to an older
individual, at the direction of the older indi-
vidual or a family member of the individual—
‘‘(i) by an individual who is trained
or experienced in the case management
skills that are required to deliver the serv-
ices and coordination described in subpara-
graph (B), and
‘‘(ii) to assess the needs, and to ar-
range, coordinate, and monitor an optimum
package of services to meet the needs, of the
older individual, and
‘‘(B) includes services and coordination
such as—
‘‘(i) comprehensive assessment of the
older individual (including the physical,
psychological, and social needs of the indi-
vidual),
‘‘(ii) development and implementation
of a service plan with the older individual
to mobilize the formal and informal re-
sources and services identified in the assess-
ment to meet the needs of the older indi-
vidual, including coordination of the re-
sources and services—
‘‘(I) with any other plans that
exist for various formal services, such
as hospital discharge plans, and
‘‘(II) with the information and
assistance services provided under this
Act,
‘‘(iii) coordination and monitoring of
formal and informal service delivery, in-
cluding coordination and monitoring to en-
sure that services specified in the plan are
being provided,
‘‘(iv) periodic reassessment and revi-
sion of the status of the older individual
with—
‘‘(I) the older individual, or
‘‘(II) if necessary, a primary
caregiver or family member of the older
individual, and
‘‘(v) in accordance with the wishes of
the older individual, advocacy on behalf of
the older individual for needed services or
resources.
‘‘(13) CHILD.—Except when it appears as part
of the term ‘adult child with a disability’, the term
‘child’ means an individual who is less than 18 years
of age.
‘‘(14) CLIENT
ASSESSMENT.—The term ‘client
assessment’ includes providing information relating
to assistive technology.
‘‘(15) COMMUNITY
SERVICES.—The term ‘com-
munity services’ means—
‘‘(A) social, health, welfare, and educational
services (particularly literacy tutoring),
‘‘(B) legal and other counseling services and
assistance, including tax counseling and assist-
ance and financial counseling,
‘‘(C) library, recreational, and other similar
services,
‘‘(D) conservation, maintenance, or restora-
tion of natural resources,
‘‘(E) community betterment or beautifi-
cation,
‘‘(F) antipollution and environmental qual-
ity efforts,
‘‘(G) weatherization activities,
‘‘(H) economic development, and
‘‘(I) such other services essential and nec-
essary to the community as the Secretary may
require by rule.
‘‘(16) COMPREHENSIVE AND COORDINATED SYS-
TEM.—The term ‘comprehensive and coordinated sys-
tem’ means a system for providing all necessary sup-
portive services, including nutrition services, in a
manner designed to—
‘‘(A) facilitate accessibility to, and utiliza-
tion of, all supportive services and nutrition
services provided within the geographical 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) EXPLOITATION.—The term ‘exploitation’
means the illegal or improper act or process of an in-
dividual, including a caregiver and a caretaker, using
the resources of an older individual for monetary or
personal benefit, profit, or gain.
‘‘(21) FAMILY CAREGIVER SERVICES.—The term
‘‘family caregiver services’’ means services provided to
an older individual by a caregiver to assist such indi-
vidual to reside in such individual’s home with ap-
propriate supportive services, including personal care
services, homemaker services, chore maintenance, and
other services.
‘‘(22) FOCAL
POINT.—The term ‘focal point’
means an entity that maximizes the collocation and
coordination of services for older individuals.
‘‘(23) 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.
‘‘(24) GREATEST
ECONOMIC
NEED.—The term
‘greatest economic need’ means the need resulting
from an income level at or below the poverty line.
‘‘(25) 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 indi-
vidual to perform normal daily tasks, or
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.
‘‘(30) INFORMATION AND REFERRAL.—The term
‘information and referral’ includes information relat-
ing to assistive technology.
‘‘(31) LEGAL
ASSISTANCE.—The term ‘legal
assistance’—
‘‘(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.
‘‘(32) 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) and
title IV, 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).
‘‘(33) 
LOW-INCOME.—The 
term 
‘low-income’
means, for purposes of title V, income that is not
more than 125 percent of the poverty line.
‘‘(34) 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.
‘‘(35) NATIVE
AMERICAN.—The term ‘Native
American’ means—
‘‘(A) an Indian,
‘‘(B) an Alaska Native, or
‘‘(C) a Native Hawaiian.
‘‘(36) 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,
‘‘(37) 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 or a care-
taker to provide the goods or services.
‘‘(38) 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.
‘‘(39) OLDER INDIVIDUAL.—The term ‘older in-
dividual’ means—
‘‘(A) except for purposes of title V, an indi-
vidual who is 60 years of age or older, and
‘‘(B) for purposes of title V, an individual
who is 55 years of age or older.
‘‘(40) PHYSICAL
HARM.—The term ‘physical
harm’ means bodily injury, impairment, or disease.
‘‘(41) 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).
‘‘(42) 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)).
‘‘(43) 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.
‘‘(44) 
SECRETARY.—The 
term 
‘Secretary’
means—
‘‘(A) except for purposes of title V, the Sec-
retary of Health and Human Services, and
‘‘(B) for purposes of title V, the Secretary of
Labor.
‘‘(45) 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).
‘‘(46) 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.
‘‘(47) STATE AGENCY.—The term ‘State agency’
means the agency designated under section 303(a)(1).
‘‘(48) SUPPORTIVE
SERVICE.—The term ‘sup-
portive service’ means a service described in section
321(a).
‘‘(49) TRIBAL ORGANIZATION.—The term ‘tribal
organization’ means—
‘‘(A) except for purposes of titles II and V—
‘‘(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 title V, a public or
nonprofit private organization that is primarily
controlled by, and comprised of, Indians or In-
dian tribes.
‘‘(50) 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
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—
‘‘(1) shall establish an office of long-term care
ombudsman programs, and
‘‘(2) shall designate an individual in the Admin-
istration who shall be responsible, under the super-
vision of the Assistant Secretary, for the Federal ad-
ministrative activities relating to State long-term
care ombudsman programs.
‘‘(e) DESIGNATION RELATING TO THE ADMINISTRA-
TION OF NUTRITION SERVICES.—The Assistant Secretary
shall designate an individual in the Administration who
shall be responsible, under the supervision of the Assistant
Secretary, for the administration of chapter 3 of subtitle
A of title III. Such individual shall—
‘‘(1) have expertise in nutrition and dietary
services and planning, and
‘‘(2)(A) be a registered dietitian,
‘‘(B) be a credentialed nutrition professional, or
‘‘(C) have education and training that is sub-
stantially equivalent to the education and training
for a registered dietitian or a credentialed nutrition
professional.
‘‘SEC. 112. DUTIES OF ASSISTANT SECRETARY.
‘‘The duties of the Assistant Secretary are as follows:
‘‘(1) ADVOCACY.—To serve as the effective and
visible advocate for older individuals, within the De-
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, political
subdivisions of States, tribal organizations, Alaska
Native organizations, and organizations serving Na-
tive Hawaiians, 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.—To collect for each fis-
cal year, for fiscal years beginning after September
30, 1999, directly or by contract, statistical data re-
garding programs, projects, and activities carried out
with funds provided 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, and
‘‘(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, a nationwide 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) TECHNICAL ASSISTANCE AND COOPERATION.—In
carrying out the provisions of this title, the Assistant
Secretary—
‘‘(1) may request the technical assistance and co-
operation of the Department of Education, the De-
partment of Labor, the Department of Housing and
Urban Development, the Department of Transpor-
tation, the Office of Community Services, the Depart-
ment of Veterans Affairs, the Substance Abuse and
Mental Health Services Administration, and such
other agencies and departments of the Federal Gov-
ernment as may be appropriate, and
‘‘(2) shall encourage recipients of grants and
contracts used to provide nonemergency transpor-
tation services under this Act, to coordinate, to the
maximum extent practicable, in metropolitan areas
the design and delivery of such services with transpor-
tation services supported by governmental entities
with financial assistance received from Federal, State,
and local governmental entities, and particularly
from the Department of Transportation.
‘‘(c) AUTHORITY TO MAKE GRANTS.—From funds ap-
propriated under section 121(b), 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,
‘‘(4) to increase the awareness of citizens of all
ages of the need to assume personal responsibility for
their own aging through—
‘‘(B) to promote quality and continuous im-
provement in systems of support provided to families
and others who provide family caregiving services.
‘‘(d) CAREER PREPARATION
FOR
THE FIELD
OF
AGING.—
‘‘(1) GRANTS.—The Assistant Secretary shall
make grants to institutions of higher education, his-
torically Black colleges or universities, Hispanic Cen-
ters of Excellence in Applied Gerontology, and other
educational institutions that serve the needs of minor-
ity students, to provide education and training to
prepare students for careers in the field of aging.
‘‘(2) DEFINITIONS.—For purposes of paragraph
(1):
‘‘(A) HISPANIC CENTER OF EXCELLENCE IN
APPLIED
GERONTOLOGY.—The term ‘Hispanic
Center of Excellence in Applied Gerontology’
means an institution of higher education with a
program in applied gerontology that—
‘‘(i) has a significant number of His-
panic individuals enrolled in the program,
including individuals accepted for enroll-
ment in the program,
‘‘(ii) has been effective in assisting
Hispanic students of the program to com-
plete the program and receive the degree in-
volved,
‘‘(iii) has been effective in recruiting
Hispanic individuals to attend the pro-
gram, including providing scholarships and
other financial assistance to such individ-
uals and encouraging Hispanic students of
secondary educational institutions to attend
the program, and
‘‘(iv) has made significant recruitment
efforts to increase the number and place-
ment of Hispanic individuals serving in
faculty or administrative positions in the
program.
‘‘(B) HISTORICALLY
BLACK
COLLEGE
OR
UNIVERSITY.—The term ‘historically Black col-
lege or university’ has the meaning given the
term ‘part B institution’ in section 322(2) of the
Higher Education Act of 1965 (20 U.S.C.
1061(2)).
‘‘(e) PENSION RIGHTS DEMONSTRATION PROJECTS.—
‘‘(1) DEFINITIONS.—As used in this subsection:
‘‘(A) PENSION RIGHTS INFORMATION PRO-
GRAM.—The term ‘pension rights information
program’ means a program described in para-
graph (3).
‘‘(B) PENSION
AND
OTHER
RETIREMENT
BENEFITS.—The term ‘pension and other retire-
ment benefits’ means private, civil service, and
other public pensions and retirement benefits, in-
cluding benefits provided under—
‘‘(i) the Social Security program under
title II of the Social Security Act (42
U.S.C. 401 et seq.),
‘‘(ii) the railroad retirement program
under the Railroad Retirement Act of 1974
(45 U.S.C. 231 et seq.),
‘‘(iii) the government retirement bene-
fits programs under the Civil Service Re-
tirement System set forth in chapter 83 of
title 5, United States Code, the Federal Em-
ployees Retirement System set forth in
chapter 84 of title 5, United States Code, or
other Federal retirement systems, or
‘‘(iv) the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1001 et
seq.).
‘‘(2) ESTABLISHMENT.—The Assistant Secretary
shall establish and carry out pension rights dem-
onstration projects.
‘‘(3) PENSION
RIGHTS
INFORMATION
PRO-
GRAMS.—
‘‘(A) USE OF FUNDS.—In carrying out the
projects specified in paragraph (2), the Assistant
Secretary shall, to the extent appropriations are
available, award grants to 6 eligible entities to
establish programs to provide outreach, informa-
tion, counseling, referral, and assistance regard-
ing pension and other retirement benefits, and
rights related to such benefits.
‘‘(B) AWARD OF GRANTS.—
‘‘(i) TYPE OF ENTITY.—The Assistant
Secretary 
shall 
award 
under 
this
subsection—
‘‘(I) 4 grants to State agencies or
area agencies on aging, and
‘‘(II) 2 grants to nonprofit orga-
nizations with a proven record of
providing—
‘‘(aa) services related to re-
tirement of older individuals, or
‘‘(bb) specific pension rights
counseling.
‘‘(ii) PANEL.—In awarding grants
under this subsection, the Assistant Sec-
retary shall use a citizen advisory panel
that shall include representatives of busi-
ness, labor, national senior advocates, and
national pension rights advocates.
‘‘(iii) CRITERIA.—In awarding grants
under this subsection, the Assistant Sec-
retary, in consultation with the panel, shall
use as criteria—
‘‘(I) evidence of commitment of an
agency or organization to carry out a
proposed pension rights information
program,
‘‘(II) the ability of the agency or
organization to perform effective out-
reach to affected populations, particu-
larly populations identified as in need
of special outreach, and
‘‘(III) reliable information that
the population to be served by the
agency or organization has a demon-
strable need for the services proposed to
be provided under the program,
and shall give special consideration to ap-
plicants that have not received a grant
under this subsection.
‘‘(C) APPLICATION.—
‘‘(i) IN GENERAL.—To be eligible to re-
ceive a grant under this subsection, an enti-
ty shall submit an application to the Assist-
ant Secretary at such time, in such manner,
and containing such information as the As-
sistant Secretary may require by rule, in-
cluding, at a minimum—
‘‘(I) a plan for the establishment
of a pension rights information pro-
gram to serve a specific geographical
area, and
‘‘(II) an assurance that staff
members (including volunteer staff
members) have no conflict of interest in
providing the services described in the
plan.
‘‘(ii) PLAN.—The plan described in
clause (i) shall provide for a program
that—
‘‘(I) establishes a State or area
pension rights information center,
‘‘(II) provides counseling (includ-
ing direct counseling and assistance to
individuals needing information) and
information that may assist individ-
uals in establishing rights to, obtain-
ing, and filing claims or complaints
related to, pension and other retire-
ment benefits,
‘‘(III) provides information on
sources of pension and other retirement
benefits, including the benefits under
programs 
described 
in 
paragraph
(1)(A),
‘‘(IV) makes referrals to legal
services and other advocacy programs,
‘‘(V) establishes a system of refer-
ral to State, local, and Federal depart-
ments or agencies related to pension
and other retirement benefits,
‘‘(VI) provides a sufficient num-
ber of staff positions (including volun-
teer positions) to ensure information,
counseling, referral, and assistance re-
garding pension and other retirement
benefits,
‘‘(VII) provides training pro-
grams for staff members, including vol-
unteer staff members of the programs
described in paragraph (1)(A),
‘‘(VIII) makes recommendations
to the Administration, the Department
of Labor, another Federal entity, and
State and local agencies concerning
issues for older individuals related to
pension and other retirement benefits,
and
‘‘(IX) establishes an outreach pro-
gram to provide information, coun-
seling, referral, and assistance regard-
ing pension and other retirement bene-
fits, with particular emphasis on out-
reach to women, minorities, and low-
income retirees.
‘‘(4) TRAINING PROGRAM.—
‘‘(A) USE OF FUNDS.—In carrying out the
projects described in paragraph (2), the Assistant
Secretary shall, to the extent appropriations are
available, award a grant to an eligible entity to
establish a training program to provide—
‘‘(i) information to the staffs of entities
operating pension rights information pro-
grams, and
‘‘(ii) assistance to the entities and as-
sist such entities in the design of program
evaluation tools.
‘‘(B) ELIGIBLE ENTITY.—Entities eligible to
receive grants under this subsection include non-
profit private organizations with records of pro-
viding national information, referral, and advo-
cacy in matters related to pension and other re-
tirement benefits.
‘‘(C) APPLICATION.—To be eligible to re-
ceive a grant under this subsection, an entity
shall submit an application to the Assistant Sec-
retary at such time, in such manner, and con-
taining such information as the Assistant Sec-
retary may require by rule.
‘‘(5) DURATION.—The Assistant Secretary may
award grants under paragraphs (3) and (4) for peri-
ods not to exceed 18 months.
‘‘(6) PENSION ASSISTANCE HOTLINE AND INTER-
AGENCY
COORDINATION.—The Assistant Secretary
shall enter into interagency agreements for the estab-
lishment and operation of, and dissemination of in-
formation about, a telephone hotline for individuals
seeking outreach, information, counseling, referral,
and assistance regarding pension and other retire-
ment benefits, and rights related to such benefits. The
Assistant Secretary shall also enter into agreements
with the Secretary of Labor and with the heads of
other Federal agencies that regulate the provision of
pension and other retirement benefits, as the Assistant
Secretary determines to be appropriate, in order to
carry out this paragraph and to develop a nationwide
public-private pension assistance system.
‘‘(7) REPORT TO CONGRESS.—
‘‘(A) PREPARATION.—The Assistant Sec-
retary shall prepare a report that—
‘‘(i) summarizes the distribution of
funds authorized for grants under this sec-
tion and the expenditure of such funds,
‘‘(ii) summarizes the scope and content
of training and assistance provided under a
program carried out under this subsection
and the degree to which the training and
assistance can be replicated,
‘‘(iii) outlines the problems that indi-
viduals participating in programs funded
under this subsection encountered con-
cerning rights related to pension and other
retirement benefits, and
‘‘(iv) makes recommendations regard-
ing the manner in which services provided
in programs funded under this subsection
can be incorporated into the ongoing pro-
grams of State agencies, area agencies on
aging, multipurpose senior centers, and
other similar entities.
‘‘(B) SUBMISSION.—Not later than 30
months after the date of the enactment of this
Act, the Assistant Secretary shall submit the re-
port described in subparagraph (A) to the Com-
mittee on Education and the Workforce of the
House of Representatives and the Committee on
Health, Education, Labor, and Pensions of the
Senate.
‘‘(8) ADMINISTRATIVE EXPENSES.—Of the funds
appropriated to carry out this subsection for a fiscal
year, not more than $100,000 may be used by the Ad-
ministration for administrative expenses in carrying
out this subsection.
‘‘(f) 
HEALTH
CARE
SERVICE
DEMONSTRATION
PROJECTS IN RURAL AREAS.—
‘‘(1) AUTHORITY.—The Assistant Secretary, after
consultation with the State agency of the State in-
volved, shall make grants in accordance with para-
graph (3) to eligible public agencies and nonprofit
private organizations to pay part or all of the cost of
developing or operating model health care service
projects (including related home health care services,
adult day health care, outreach, and transportation)
through multipurpose senior centers that are located
in rural areas and that provide nutrition services
under section 331, to meet the health care needs of
medically underserved older individuals residing in
such areas.
‘‘(2) ELIGIBILITY.—To be eligible to receive a
grant under paragraph (1), a public agency or non-
profit private organization shall submit to the Assist-
ant Secretary an application containing such infor-
mation and assurances as the Secretary may require
by rule, including—
‘‘(A) information describing the nature and
extent of the applicant’s—
‘‘(i) experience in providing medical
services of the kinds to be provided in the
project for which a grant is requested, and
‘‘(ii) coordination and cooperation
with—
‘‘(I) institutions of higher edu-
cation having graduate programs with
capability in public health, the medical
sciences, 
psychology, 
pharmacology,
nursing, social work, health education,
nutrition, or gerontology, for the pur-
pose of designing and developing such
project, and
‘‘(II) critical access hospitals (as
defined in section 1861(mm)(1) of the
Social Security Act) and rural health
clinics 
(as 
defined 
in 
section
1861(aa)(2) of the Social Security
Act),
‘‘(B) assurances that the applicant will
carry out the project for which a grant is re-
quested, through a multipurpose senior center
located—
‘‘(i)(I) in a rural area that has a pop-
ulation of less than 5000, or
‘‘(II) in a county that has fewer than
6 individuals per square mile, and
‘‘(ii) in a State in which—
‘‘(I) not less than 331⁄3 of the pop-
ulation resides in rural areas,
‘‘(II) not less than 5 percent of the
population resides in counties with
fewer than 6 individuals per square
mile, and
‘‘(III) 
older 
individuals
comprise—
‘‘(aa) not less than 17 per-
cent of the population, and
‘‘(bb) not less than 40 per-
cent of the population residing in
areas described in subclauses (I)
and (II),
as defined and determined in accordance
with the most recent data then available
from the Bureau of the Census, and
‘‘(C) assurances that the applicant will sub-
mit to the Assistant Secretary such evaluations
and reports as the Assistant Secretary may re-
quire by rule.
‘‘(3) RULES.—Not later than 180 days after the
date of the enactment of this Act, the Secretary shall
issue rules to carry out this subsection.
‘‘(4) REPORTS.—The Assistant Secretary shall
include in the reports required by section 117, sum-
maries of the evaluations and reports required under
paragraph (2).
‘‘SEC. 115. MISUSE OF FUNDS BY PROVIDERS.
‘‘(a) AUTHORITY TO BAR PROVIDERS.—If, after notice
and an opportunity for a hearing, it is determined—
‘‘(1) by the Assistant Secretary that funds ex-
pended under this Act (excluding title V) by a State,
a State agency, or an area agency on aging, directly
or indirectly by a grant to or contract with a pro-
vider of goods or services, have not been expended in
compliance with this Act (excluding title V) or a reg-
ulation issued to carry out this Act (excluding title
V), or
‘‘(2) by the Secretary of Labor that funds ex-
pended under title V by a recipient of a grant under
section 503(a)(1), directly or indirectly by a grant to
or contract with a provider to provide employment to
older individuals, have not been expended in compli-
ance with such title or a regulation issued to carry
out such title,
then the Assistant Secretary or the Secretary, as the case
may be, may issue an order barring such provider, for a
period not to exceed 5 years as specified in such order, from
receiving a grant, or entering into a contract, to provide
goods, services, or employment with funds made available
under this Act (excluding title V) or such title, as the case
may be.
‘‘(b) EFFECT
OF ORDER.—For the period during
which an order issued under subsection (a) is in effect, none
of the funds made available under this Act (excluding title
V) or title V, as the case may be, may be expended directly
or indirectly by a grant to or contract with the provider
that is the subject of such order.
‘‘SEC. 116. 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. 117. REPORTS.
‘‘Not later than 120 days after the end of each fiscal
year beginning after September 30, 1999, the Assistant Sec-
retary shall prepare and submit to the President and to
the the Speaker of the House of Representative and the
President pro tempore of the Senate, 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 (with par-
ticular attention to low-income minority older indi-
viduals).
‘‘SEC. 118. 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. 119. 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