I
106TH CONGRESS
1ST SESSION
H. R. 2850
To amend the Older Americans Act of 1965 to authorize appropriations
for fiscal years 2000, 2001, 2002, 2003, and 2004, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 14, 1999
Mr. BARRETT of Nebraska (for himself and Mr. MCKEON) introduced the fol-
lowing bill; which was referred to the Committee on Education and the
Workforce
A BILL
To amend the Older Americans Act of 1965 to authorize
appropriations for fiscal years 2000, 2001, 2002, 2003,
and 2004, and for other purposes.
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 or-
ganizations, 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 pro-
gram.
‘‘Subtitle C—Prevention and Remediation of Elder Abuse, Neglect, and
Exploitation
‘‘Sec. 441. Requirements applicable to providing services to prevent and to re-
mediate 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 employ-
ment.
‘‘Sec. 503. Older american community service employment program.
‘‘Sec. 504. Participants not Federal employees.
‘‘Sec. 505. Treatment of employment assistance for purposes of Federal hous-
ing 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 organi-
zations to concentrate resources in order to develop great-
er capacity and foster the development and implementa-
tion of comprehensive and coordinated systems to serve
older individuals by entering into cooperative arrange-
ments in each State for the planning and provision of sup-
portive 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 al-
cohol 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 Na-
tive’ means an Alaska Native who is a member of
an Alaska Native organization.
‘‘(5) ALASKA
NATIVE
ORGANIZATION.—The
term ‘Alaska Native organization’ means an Alaska
Native village, or an Alaskan Native regional or vil-
lage corporation, as defined in or established pursu-
ant to the Alaska Native Claims Settlement Act
(Public Law 92–203; 85 Stat. 688), that is recog-
nized as eligible for the special programs and serv-
ices provided by the United States to Alaska Natives
because of their status as Alaska Natives.
‘‘(6) AREA AGENCY ON AGING.—The term ‘area
agency on aging’ means an area agency on aging
designated 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 ‘As-
sistant Secretary’ means the Assistant Secretary for
Aging.
‘‘(8) ASSISTIVE TECHNOLOGY.—The term ‘as-
sistive technology’ means technology, engineering
methodologies, or scientific principles appropriate to
meet the needs of, and address the barriers con-
fronted by, older individuals with functional limita-
tions.
‘‘(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 re-
sult 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 services
and coordination described in subpara-
graph (B), and
‘‘(ii) to assess the needs, and to ar-
range, coordinate, and monitor an opti-
mum 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 as-
sessment to meet the needs of the older in-
dividual, 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 edu-
cational services (particularly literacy tutoring),
‘‘(B) legal and other counseling services
and assistance, including tax counseling and as-
sistance and financial counseling,
‘‘(C) library, recreational, and other simi-
lar services,
‘‘(D) conservation, maintenance, or res-
toration 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
SYSTEM.—The term ‘comprehensive and coordinated
system’ means a system for providing all necessary
supportive 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 geographic area
served by such system by any public or private
agency or organization,
‘‘(B) develop and make the most efficient
use of supportive services and nutrition services
in meeting the needs of older individuals,
‘‘(C) use available resources efficiently and
with a minimum of duplication, and
‘‘(D) encourage and assist public and pri-
vate entities that have unrealized potential for
meeting the service needs of older individuals to
assist the older individuals on a voluntary basis.
‘‘(17) 
DISABILITY.—The 
term 
‘disability’
means (except when such term is used in the phrase
‘severe disability’, ‘developmental disabilities’, ‘phys-
ical and mental disabilities’, or ‘physical disabilities’)
a disability attributable to mental or physical im-
pairment, or a combination of mental and physical
impairments, that results in substantial functional
limitations in 1 or more of the following areas of
major life activity: (A) self-care, (B) receptive and
expressive language, (C) learning, (D) mobility, (E)
self-direction, (F) capacity for independent living,
(G) economic self-sufficiency, (H) cognitive func-
tioning, 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.
‘‘(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
impairment, requires substantial supervision be-
cause the individual behaves in a manner that
poses a serious health or safety hazard to the
individual 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
‘‘(ii) threatens the capacity of the in-
dividual to live independently.
‘‘(26) IN-HOME SERVICES.—The term ‘in-home
services’ includes—
‘‘(A) homemaker and home health aides,
‘‘(B) visiting and telephone reassurance,
‘‘(C) chore maintenance,
‘‘(D) in-home respite care for families, and
adult day care as a respite service for families,
‘‘(E) minor modification of homes that is
necessary to facilitate the ability of older indi-
viduals to remain at home and that is not avail-
able under other programs, but not at a cost to
exceed the cost established by the State agency,
‘‘(F) personal care services, and
‘‘(G) other in-home services as defined—
‘‘(i) by the State agency in the State
plan submitted in accordance with section
304, and
‘‘(ii) by the area agency on aging in
the area plan submitted in accordance with
section 305.
‘‘(27) INDIAN.—The term ‘Indian’ means an
Indian who is a member of an Indian tribe.
‘‘(28) INDIAN TRIBE.—The term ‘Indian tribe’
means any tribe, band, nation, or other organized
group or community of Indians that is—
‘‘(A) recognized as eligible for the special
programs and services provided by the United
States to Indians because of their status as In-
dians, or
‘‘(B) located on, or in proximity to, a Fed-
eral or State reservation or rancheria,
except that subparagraph (B) shall not apply for
purposes of title II.
‘‘(29) INFORMATION
AND
ASSISTANCE
SERV-
ICE.—The term ‘information and assistance service’
means a service for older individuals that—
‘‘(A) provides the individuals with current
information on opportunities and services avail-
able to the individuals within their communities,
including information relating to assistive tech-
nology,
‘‘(B) assesses the problems and capacities
of the individuals,
‘‘(C) links the individuals to the opportuni-
ties and services that are available,
‘‘(D) to the maximum extent practicable,
ensures that the individuals receive the services
needed by the individuals, and are aware of the
opportunities available to the individuals, by es-
tablishing adequate followup procedures, and
‘‘(E) serves the entire community of older
individuals, particularly—
‘‘(i) older individuals with greatest so-
cial need, and
‘‘(ii) older individuals with greatest
economic need.
‘‘(30) INFORMATION
AND
REFERRAL.—The
term ‘information and referral’ includes information
relating 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 para-
legal or law student under the direct su-
pervision 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
section 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 commu-
nity facility for the organization and provision of a
broad spectrum of services, which shall include pro-
vision of health (including mental health), social, nu-
tritional, and educational services and the provision
of facilities for recreational activities for older indi-
viduals.
‘‘(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
Hawaiian’ means any individual any of whose ances-
tors were natives of the area that consists of the Ha-
waiian 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
applied 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 in-
dividual 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 des-
ignated 
by 
a 
State 
agency 
under 
section
303(a)(1)(E), including a single planning and serv-
ice 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
‘representative payee’ means a person who is ap-
pointed by a governmental entity to receive, on be-
half 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
Secretary 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
Commonwealth of the Northern Mariana Islands.
‘‘(47) STATE AGENCY.—The term ‘State agen-
cy’ 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 ‘trib-
al 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 commu-
nity to be served by such organization and
that includes the maximum participation of
Indians 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
only one function or combination of related
functions, or
‘‘(B) a tribal organization.
‘‘Subtitle B—Administration
‘‘SEC. 
111. 
ESTABLISHMENT 
OF 
ADMINISTRATION 
ON
AGING.
‘‘(a) ESTABLISHMENT.—There is established in the
Office of the Secretary, an Administration on Aging which
shall be headed by an Assistant Secretary for Aging. This
Act shall be administered through the Administration and
under the supervision of the Secretary.
‘‘(b) ASSISTANT SECRETARY.—The Assistant Sec-
retary shall be appointed by the President by and with
the advice and consent of the Senate.
‘‘(c) DESIGNATION RELATING TO ADMINISTRATION
OF PROGRAMS AFFECTING NATIVE AMERICANS.—The
Assistant Secretary—
‘‘(1) shall establish an Office on Native Ameri-
cans within the Administration, and
‘‘(2) shall designate an individual in the Admin-
istration who has expertise with respect to programs
and services affecting Native Americans, who shall
be responsible, under the supervision of the Assist-
ant Secretary, for the administration of title II and
for coordination of other programs, projects, and ac-
tivities 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 re-
view of and commenting on responsibilities of all
Federal policies affecting older individuals.
‘‘(2) INFORMATION.—To collect and dissemi-
nate information related to problems of older indi-
viduals and aging.
‘‘(3) ASSISTANCE TO SECRETARY.—To directly
assist the Secretary in all matters pertaining to
problems of older individuals and aging.
‘‘(4) ADMINISTRATION.—To administer the
grants provided and contracts made under this Act.
‘‘(5) TECHNICAL
ASSISTANCE.—To provide
technical assistance and consultation to States, polit-
ical subdivisions of States, tribal organizations, Alas-
ka Native organizations, and organizations serving
Native 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
collecting, and to take whatever action is necessary
to achieve coordination of activities carried out or
assisted by all departments, agencies, and instru-
mentalities of the Federal Government with respect
to the collection, preparation, and dissemination of
information relevant to older individuals.
‘‘(8) PLANNING.—To coordinate, and to assist
in, the planning and development by public (includ-
ing Federal, State, and local agencies) and private
organizations of programs for older individuals to fa-
cilitate the establishment of a nationwide network of
comprehensive, coordinated services and opportuni-
ties for older individuals.
‘‘(9) STATISTICAL DATA.—To collect for each
fiscal year, for fiscal years beginning after Sep-
tember 30, 1999, directly or by contract, statistical
data regarding 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
received such service or activity, and
‘‘(iii) the number of units of such
service 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 nomen-
clature,
‘‘(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
clients through the provision of the supportive
services, 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 assistance to locate community resources that
may be available to older individuals and their care-
givers.
‘‘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,
agency, or instrumentality of the Federal Government pro-
posing 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, agen-
cy, or instrumentality of the Federal Government pro-
posing to establish or modify any program or service sub-
stantially 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 Assist-
ant 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
cooperation of the Department of Education, the
Department of Labor, the Department of Housing
and Urban Development, the Department of Trans-
portation, the Office of Community Services, the De-
partment of Veterans Affairs, the Substance Abuse
and Mental Health Services Administration, and
such other agencies and departments of the Federal
Government 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 trans-
portation services supported by governmental enti-
ties with financial assistance received from Federal,
State, and local governmental entities, and particu-
larly from the Department of Transportation.
‘‘(c) AUTHORITY TO MAKE GRANTS.—From funds
appropriated under section 121(b), the Assistant Sec-
retary may make grants to public or nonprofit private
agencies, organizations, and institutions, and to tribal or-
ganizations, 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 utiliza-
tion of innovative ideas and best practices in pro-
grams and services for older individuals,
‘‘(3) to help meet the needs for trained per-
sonnel 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—
‘‘(A) education and training to develop an
adequately trained workforce to work with and
on behalf of older individuals,
‘‘(B) research and policy analysis to im-
prove access to and delivery of services for older
individuals,
‘‘(C) development of methods and practices
to improve quality and effectiveness of such
services,
‘‘(D) demonstration of new approaches to
design, delivery, and coordination of services
and activities for older individuals,
‘‘(E) technical assistance in planning, de-
velopment, implementation, evaluation, and im-
provement of programs, projects, and activities
under this Act, and
‘‘(F) dissemination of information on
issues related to aging, their impact on individ-
uals and society, and relating to services and
activities benefiting older individuals, and
‘‘(5)(A) to foster the development and testing of
new approaches to sustaining the efforts of families
and others who provide family caregiving services,
and the dissemination of information regarding such
approaches, and
‘‘(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
Centers of Excellence in Applied Gerontology, and
other educational institutions that serve the needs of
minority 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 ‘His-
panic Center of Excellence in Applied Geron-
tology’ 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
involved,
‘‘(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 at-
tend 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 re-
tirement benefits’ means private, civil service,
and other public pensions and retirement bene-
fits, including 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
Employees Retirement System set forth in
chapter 84 of title 5, United States Code,
or other Federal retirement systems, or
‘‘(iv) the Employee Retirement In-
come Security Act of 1974 (29 U.S.C.
1001 et seq.).
‘‘(2) ESTABLISHMENT.—The Assistant Sec-
retary shall establish and carry out pension rights
demonstration projects.
‘‘(3) PENSION
RIGHTS
INFORMATION
PRO-
GRAMS.—
‘‘(A) USE OF FUNDS.—In carrying out the
projects specified in paragraph (2), the Assist-
ant Secretary shall, to the extent appropriations
are available, award grants to 6 eligible entities
to establish programs to provide outreach, in-
formation, counseling, referral, and assistance
regarding pension and other retirement bene-
fits, 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
receive a grant under this subsection, an
entity shall submit an application to the
Assistant Secretary at such time, in such
manner, and containing such information
as the Assistant Secretary may require by
rule, including, at a minimum—
‘‘(I) a plan for the establishment
of a pension rights information pro-
gram to serve a specific geographic
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.
‘‘(C) The aggregate amount available under this
subsection to a particular State in any fiscal year
may not exceed 3⁄4 of 1 percent of the allotment
made under subsection (a) for such fiscal year.
‘‘(D) An application submitted under subpara-
graph (A) by a State may not be approved unless it
contains assurances that no funds received by the
State under this subsection will be used to hire any
individual to fill a job opening created by the action
of the State in laying off or terminating the employ-
ment of any regular employee not supported under
this Act in anticipation of filling the vacancy so cre-
ated by hiring an employee to be supported through
use of amounts received under this subsection.
‘‘(3) ADDITIONAL
USES.—Of the allotment
made under subsection (a) to a State for a fiscal
year and remaining after the application of para-
graph (1), such part as the State agency determines,
but not more than 10 percent of such remaining
amount, may be used to pay such percentage as the
State agency determines, but not more than 75 per-
cent, of the administrative costs incurred to carry
out area plans submitted in accordance with section
305.