I
105TH CONGRESS
2D SESSION
H. R. 4099
To amend the Older Americans Act of 1965 to authorize appropriations
for fiscal years 1999, 2000, 2001, 2002, and 2003, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JUNE 19, 1998
Mr. RIGGS introduced the following 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 1999, 2000, 2001, 2002,
and 2003, 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 1998’’.
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 1999.
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 1998’.
‘‘SEC. 2. TABLE OF CONTENTS.
‘‘The table of contents of this Act is as follows:
‘‘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. Evaluations.
‘‘Sec. 116. Reports.
‘‘Sec. 117. Reduction of paperwork.
‘‘Sec. 118. Surplus property eligibility.
‘‘Sec. 119. Benefit treatment under other laws.
‘‘Sec. 120. 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
‘‘Sec. 331. Program authorized.
‘‘Sec. 332. Additional requirements.
‘‘Subtitle B—Authorization of Appropriations
‘‘Sec. 381. Authorization of appropriations.
‘‘Sec. 382. 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,
‘‘(6) promote employment opportunities and
community service, and
‘‘(7) empower older individuals to contribute to
their communities through volunteer services that
enhance the lives of the volunteers and those whom
they serve.
‘‘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, of goods or services that are nec-
essary to avoid physical harm, mental 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
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.
‘‘(11) 
CARETAKER.—The 
term 
‘caretaker’
means a family member or other individual who pro-
vides (on behalf of such individual or of a public or
private agency, organization, or institution) uncom-
pensated care to an older individual who needs sup-
portive services.
‘‘(12) CASE MANAGEMENT SERVICE.—The term
‘case management service’—
‘‘(A) means a service provided to an older
individual, at the direction of the older individ-
ual 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, by
regulation, may require.
‘‘(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 function-
ing, 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
individual, including a caregiver, using the resources
of an older individual for monetary or personal bene-
fit, profit, or gain.
‘‘(21) FOCAL
POINT.—The term ‘focal point’
means an entity that maximizes the collocation and
coordination of services for older individuals.
‘‘(22) 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
activities 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
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.
‘‘(23) GREATEST ECONOMIC NEED.—The term
‘greatest economic need’ means the need resulting
from an income level at or below the poverty line.
‘‘(24) GREATEST
SOCIAL
NEED.—The term
‘greatest social need’ means the need caused by non-
economic factors that include—
‘‘(A) physical and mental disabilities,
‘‘(B) language barriers, and
‘‘(C) cultural, social, or geographical isola-
tion caused by racial or ethnic status, that—
‘‘(i) restricts the ability of an individ-
ual to perform normal daily tasks, or
‘‘(ii) threatens the capacity of the in-
dividual to live independently.
‘‘(25) 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 at not to exceed
a 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.
‘‘(26) INDIAN.—The term ‘Indian’ means an
Indian who is a member of an Indian tribe.
‘‘(27) 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.
‘‘(28) 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.
‘‘(29) INFORMATION
AND
REFERRAL.—The
term ‘information and referral’ includes information
relating to assistive technology.
‘‘(30) LEGAL ASSISTANCE.—The term ‘legal as-
sistance’—
‘‘(A) means legal advice and representation
provided by an attorney to older individuals
with economic or social needs, and
‘‘(B) includes—
‘‘(i) to the extent feasible, counseling
or other appropriate assistance by a 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.
‘‘(31) 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).
‘‘(32) LOW-INCOME.—The term ‘low-income’
means, for purposes of title V, income that is not
more than 125 percent of the poverty line.
‘‘(33) 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.
‘‘(34) NATIVE
AMERICAN.—The term ‘Native
American’ means—
‘‘(A) an Indian,
‘‘(B) an Alaska Native, or
‘‘(C) a Native Hawaiian.
‘‘(35) 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,
‘‘(36) NEGLECT.—The term ‘neglect’ means—
‘‘(A) the failure to provide for oneself the
goods or services that are necessary to avoid
physical harm, mental anguish, or mental ill-
ness, or
‘‘(B) the failure of a caregiver to provide
the goods or services.
‘‘(37) 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.
‘‘(38) 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.
‘‘(39) PHYSICAL
HARM.—The term ‘physical
harm’ means bodily injury, impairment, or disease.
‘‘(40) 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).
‘‘(41) 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)).
‘‘(42) 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.
‘‘(43) 
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.
‘‘(44) 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 (16).
‘‘(45) 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.
‘‘(46) STATE AGENCY.—The term ‘State agen-
cy’ means the agency designated under section
303(a)(1).
‘‘(47) SUPPORTIVE SERVICE.—The term ‘sup-
portive service’ means a service described in section
321(a).
‘‘(48) 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.
‘‘(49) 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) may establish an Office on Native Ameri-
cans within the Administration; and
‘‘(2) shall designate an individual in the Admin-
istration who has expertise with respect to programs
and services affecting Native Americans, who shall
be responsible, under the supervision of the 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) may 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, and
political subdivisions of States, with respect to pro-
grams 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 Septem-
ber 30, 1998, 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,
‘‘(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, includ-
ing—
‘‘(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 propos-
ing to establish or modify any program or service substan-
tially 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) AUTHORITY TO MAKE GRANTS.—From funds
appropriated under section 120(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 person-
nel in the field of aging, and
‘‘(4) to increase the awareness of citizens of all
ages of the need to assume personal responsibility
for their own aging through—
‘‘(A) education and training to develop an
adequately trained workforce to work with and
on behalf of older individuals,
‘‘(B) research and policy analysis to im-
prove access to and delivery of services for older
individuals,
‘‘(C) development of methods and practices
to improve quality and effectiveness of such
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.
‘‘SEC. 115. EVALUATIONS.
‘‘(a) DUTY
OF SECRETARY.—The Secretary may
measure and evaluate the impact and effectiveness of all
programs, projects, and activities carried out with funds
provided under this Act. Evaluations shall be conducted
by persons 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 Sec-
retary shall—
‘‘(1) to the maximum extent practicable, ar-
range to obtain the opinions of participants in the
programs, projects, and activities being evaluated,
and
‘‘(2) consult with organizations concerned with
the welfare of older individuals.
‘‘SEC. 116. REPORTS.
‘‘Not later than 120 days after the end of each fiscal
year beginning after September 30, 1998, the Assistant
Secretary shall prepare and submit to the President and
to the Congress a complete report on the programs,
projects, and activities carried out under this Act in such
fiscal year. Such report shall include—
‘‘(1) statistical data reflecting services and ac-
tivities provided under this Act to older individuals
during the fiscal year for which such report is sub-
mitted,
‘‘(2) statistical data collected under section
112(9), and
‘‘(3) statistical data, and an analysis of infor-
mation, regarding the effectiveness of the State
agency and area agencies on aging in targeting serv-
ices to older individuals with greatest economic need
and older individuals with greatest social need.
‘‘SEC. 117. REDUCTION OF PAPERWORK.
‘‘In order to reduce unnecessary, duplicative, or dis-
ruptive demands for information, the Assistant Secretary,
in consultation with State agencies and other appropriate
agencies and organizations, shall continually review and
evaluate all requests by the Administration for informa-
tion under this Act and shall take such action as may be
necessary to reduce the paperwork required under this
Act. The Assistant Secretary shall request only such infor-
mation as the Assistant Secretary deems essential to carry
out the purpose and provisions of this Act and, in gather-
ing such information, shall make use of uniform service
definitions to the extent that such definitions are available.
‘‘SEC. 118. SURPLUS PROPERTY ELIGIBILITY.
‘‘Any State or local government agency, and any non-
profit organization or institution, that receives funds ap-
propriated for programs for older individuals under this
Act, under title IV or title XX of the Social Security Act,
under title VIII or X of Public Law 88–452 (commonly
known as the Economic Opportunity Act of 1964) or the
Community Services Block Grant Act, shall be deemed to
be eligible to receive for such programs, property that is
declared surplus to the needs of the Federal Government
in accordance with laws applicable to surplus property.
‘‘SEC. 119. BENEFIT TREATMENT UNDER OTHER LAWS.
‘‘No benefit (excluding wages and cash allowances
that are not reimbursements) received under a program,
project, or activity carried out under this Act shall be
treated under any Federal, State, or local law as income
or resources of an eligible individual participating in such
program, project, or activity.
‘‘SEC. 120. AUTHORIZATION OF APPROPRIATIONS.
‘‘(a) IN GENERAL.— For the expenses (including sal-
aries) of the Administration on Aging to carry out this
Act (other than section 114(b)), there are authorized to
be appropriated $14,800,000 for fiscal year 1999 and
such sums as may be necessary for fiscal years 2000,
2001, 2002, and 2003.
‘‘(b) RESEARCH AND INFORMATION ACTIVITY.—(1)
There are authorized to be appropriated to carry out sec-
tion 114(b) $10,300,000 for fiscal year 1999 and such
sums as may be necessary for fiscal years 2000, 2001,
2002, and 2003.
‘‘(2) Of the amount appropriated under paragraph
(1) for each fiscal year, not more than $1,000,000 shall
be available to carry out section 112(12).
‘‘TITLE II—GRANTS FOR NATIVE
AMERICAN 
PROGRAMS 
ON
AGING
‘‘SEC. 201. GRANTS FOR SERVICES TO NATIVE AMERICANS.
‘‘(a) AUTHORITY TO MAKE GRANTS.—The Assistant
Secretary may make grants to eligible organizations to pay
all of the costs for delivery of supportive services and 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 title only
if the organization is—
‘‘(1) a tribal organization that—
‘‘(A) represents at least 50 older individ-
uals, and
‘‘(B) demonstrates the ability to deliver
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
‘‘(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. 202. APPLICATIONS FOR GRANTS.
‘‘(a) REQUIREMENT.—A grant may not be made
under this title unless an eligible organization submits an
application to the Assistant Secretary that meets such cri-
teria as the Assistant Secretary may establish by rule.
Each such application shall—
‘‘(1) provide that such organization shall evalu-
ate the need for supportive and nutrition services
among older individuals who are—
‘‘(A) Indians represented by such organiza-
tion if such organization is a tribal organiza-
tion,
‘‘(B) Alaska Natives represented by such
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-
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-
ties, nutrition services will be delivered to older indi-
viduals who are—
‘‘(A) Indians represented by such organiza-
tion if such organization is a tribal organiza-
tion,
‘‘(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 of title III, except that in any case in which
the need of such individuals for nutritional services
is already met from other sources, such organization
may expend for supportive services the funds other-
wise required to be expended under this paragraph,
‘‘(9) provide that any legal services or ombuds-
man services made available to older individuals who
are—
‘‘(A) Indians represented by such organiza-
tion if such organization is a tribal organiza-
tion,
‘‘(B) Alaska Natives represented by such
organization if such organization is an Alaska
Native organization, or
‘‘(C) Native Hawaiians to be served by
such organization,
will be in substantial compliance with the provisions
of subtitle A of title III relating to the furnishing of
similar services,
‘‘(10) contain satisfactory assurances that fiscal
control and fund accounting procedures will be
adopted as may be necessary to ensure proper dis-
bursement of, and accounting for, Federal funds
paid under this title to such organization, including
any funds paid by such organization to a recipient
of a grant or contract,
‘‘(11) contain assurances that such organization
will coordinate services provided under this title with
services provided under subtitle A of title III in the
same geographical area, and
‘‘(12) if the organization elects to solicit vol-
untary contributions from older individuals, provide
that such organization will ensure that such 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 title.
‘‘(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 title.
‘‘(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—
tion, the Alaska Native organization, or the organization
serving Native Hawaiians for fiscal year 1991.
‘‘(b) USE
OF
ADDITIONAL
AMOUNTS
APPRO-
PRIATED.—If the amount appropriated to carry out this
title in a fiscal year subsequent to fiscal year 1999 exceeds
the amount appropriated to carry out title VI of the Older
Americans Act of 1965 in fiscal year 1991, then the
amount of the grant (if any) made under this title to a
tribal organization, an Alaska Native organization, or an
organization serving Native Hawaiians for such subse-
quent fiscal year shall be—
‘‘(1) increased by such amount as the Assistant
Secretary considers to be appropriate, in addition to
the amount of any increase required by subsection
(a), so that the grant equals or more closely ap-
proaches the amount of the grant made under title
VI of the Older Americans Act of 1965 to the tribal
organization or the Alaska Native organization for
fiscal year 1980, or to the organization serving Na-
tive Hawaiians for fiscal year 1995, or
‘‘(2) an amount the Assistant Secretary consid-
ers to be sufficient if the tribal organization, the
Alaska Native organization, or the organization serv-
ing Native Hawaiians did not receive a grant under
title VI of the Older Americans Act of 1965 for ei-
ther fiscal year 1980 or fiscal year 1991.
‘‘SEC. 204. SURPLUS EDUCATIONAL FACILITIES.
‘‘(a) REQUIREMENT.—Notwithstanding any other
provision of law, the Secretary of the Interior—
‘‘(1) acting through the Bureau of Indian Af-
fairs, shall make available surplus Indian edu-
cational facilities and surplus Alaska Native edu-
cational facilities to tribal organizations and Alaska
Native organizations, and to nonprofit organizations
with the approval of the Indian tribe or Alaska Na-
tive organization involved, and
‘‘(2) shall make available to organizations de-
scribed in section 201(b)(3) any other surplus edu-
cational facilities located in the State of Hawaii that
are under the control of the Secretary of the Inte-
rior,
for use as multipurpose senior centers. Such centers may
be altered so as to provide extended care facilities, commu-
nity center facilities, nutrition services, adult day care
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, an Alaska Native organization, or
an organization described in section 201(b)(3) shall sub-
mit an application to the Secretary of the Interior at such
time and in such manner, and containing such informa-
tion, as the Secretary of the Interior determines to be nec-
essary to carry out this section.
‘‘SEC. 205. ADMINISTRATION.
‘‘For the purpose of issuing rules to carry out this
title, the Assistant Secretary shall consult with the Sec-
retary of the Interior.
‘‘SEC. 206. PAYMENTS.
‘‘Payments may be made under this title (after nec-
essary adjustments on account of previously made over-
payments or underpayments) in advance or by way of re-
imbursement in such installments and on such conditions
as the Assistant Secretary may determine.
‘‘SEC. 207. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated to carry out
this title $19,100,000 for fiscal year 1999 and such sums
as may be necessary for fiscal years 2000, 2001, 2002,
and 2003.
‘‘TITLE III—GRANTS FOR STATE
AND COMMUNITY PROGRAMS
ON AGING
‘‘Subtitle A—Grants for Programs
on Aging
‘‘CHAPTER 1—GENERAL PROVISIONS
‘‘SEC. 301. TECHNICAL ASSISTANCE AND COOPERATION.
‘‘In carrying out this title, the Assistant Secretary
may request the technical assistance and cooperation of
such other Federal agencies as the Assistant Secretary
considers to be appropriate.
‘‘SEC. 302. ALLOTMENTS; FEDERAL SHARE.
‘‘(a) ALLOTMENT OF FUNDS FOR SUPPORTIVE SERV-
ICES, MULTIPURPOSE SENIOR CENTERS, AND NUTRITION
SERVICES.—
‘‘(1) RESERVATION OF FUNDS.—(A) Subject to
subparagraphs (B) and (C), the amounts appro-
priated under subsections (a) and (b) of section 381
for fiscal years 1999 through 2003 shall be allotted
by the Assistant Secretary among the States propor-
tionately based on the population of individuals 60
years of age or older in the States.
‘‘(B) The amounts allotted under subparagraph
(A) shall be reduced proportionately to the extent
necessary to increase other allotments under such
subparagraph to achieve the amount in clause (i) or
(ii), whichever amount is greater.
‘‘(i) Each State shall be allotted an
amount equal to the amount such State re-
ceived to carry out title III of the Older Ameri-
cans Act of 1965 for fiscal year 1998.
‘‘(ii)(I) Each State shall be allotted 1⁄2 of
1 percent of the amount appropriated for the
fiscal year for which the determination is made.
‘‘(II) Guam and the Virgin Islands of the
United States shall each be allotted 1⁄4 of 1 per-
cent of the amount appropriated for the fiscal
year for which the determination is made.
‘‘(III) American Samoa and the Common-
wealth of the Northern Mariana Islands shall
each be allotted 1⁄16 of 1 percent of the amount
appropriated for the fiscal year for which the
determination is made.
‘‘(C) For the purposes of subparagraph (B)(ii),
the term ‘State’ does not include Guam, American
Samoa, the Virgin Islands of the United States, and
the Commonwealth of the Northern Mariana Is-
lands.
‘‘(D) The number of individuals 60 years of age
or older in any State and in all States shall be deter-
mined by the Assistant Secretary on the basis of the
most recent data available from the Bureau of the
Census and other reliable demographic data satisfac-
tory to the Assistant Secretary.
‘‘(2) WITHHOLDING OF FUNDS.—(A) If the As-
sistant Secretary finds that a State fails to qualify
under the State plan requirements of section 304,
the Assistant Secretary shall withhold from the
State funds allotted under paragraph (1) for the fis-
cal year for which such plan is submitted.
‘‘(B) The Assistant Secretary shall disburse the
funds so withheld directly to any public or nonprofit
private institution or organization, agency, or politi-
cal subdivision of the State submitting an approved
plan under section 304, that includes an agreement
that any such funds so disbursed shall be matched
in cash or in kind, from non-Federal sources, to pay
the remainder of the cost of carrying out chapters
2 and 3 as described in paragraph (3)(A), but not
less than 15 percent of such cost.
‘‘(3) FEDERAL SHARE.—(A) Funds received by
a State from allotments made under this subsection
for a fiscal year may be used to pay not more than
85 percent of the cost of carrying out chapters 2
and 3.
‘‘(B) The non-Federal share of such cost shall
be contributed in cash or in kind. In determining the
amount of the non-Federal share, the Assistant Sec-
retary may attribute fair market value to services
and facilities contributed from non-Federal sources.
‘‘(b) ALLOTMENT
OF
ADDITIONAL
FUNDS
FOR
STATE LONG-TERM CARE OMBUDSMAN PROGRAMS AND
FOR SERVICES FOR THE PREVENTION AND REMEDIATION
OF ELDER ABUSE, NEGLECT, AND EXPLOITATION.—
Amounts appropriated under section 493 for a fiscal year
shall be allotted among the States proportionately based
on the amounts allotted under section 302(a) to such
States for such fiscal year.
‘‘(c) PERMITTED USE OF ALLOTMENTS.—
‘‘(1) ADMINISTRATION OF STATE PLANS.—(A)
Except as provided in subparagraph (B), the greater
of 5 percent of the allotment made to a State under
subsection (a) or $500,000, whichever is greater,
shall be available to the State to use in accordance
with section 306(a).
‘‘(B) In the case of an allotment made under
subsection (a) to Guam, American Samoa, the Vir-
gin Islands of the United States, and the Common-
wealth of the Northern Mariana Islands, 5 percent
of such allotment or $100,000, whichever is greater,
shall be available to each to use in accordance with
section 306(a).
‘‘(2) 
APPLICATION
TO
USE
ADDITIONAL
FUNDS.—(A) If the Assistant Secretary determines,
based upon a particularized showing of need that—
‘‘(i) the State will be unable to fully and
effectively administer its State plan and to
carry out programs, projects, and activities au-
thorized by chapters 2 and 3 unless additional
funds are made available by the Assistant Sec-
retary,
‘‘(ii) the State is making full and effective
use of its allotment under paragraph (1) and of
the personnel of the State agency and area
agencies designated under section 303(a)(2)(A)
in the administration of its State plan in ac-
cordance with section 306(a), and
‘‘(iii) the State agency and area agencies
on aging are carrying out, on a full-time basis,
programs, projects, and activities that are in
furtherance of the purpose of chapters 2 and 3,
then the Assistant Secretary may approve an appli-
cation submitted by the State to request permission
to use in accordance with section 306(a) a greater
percentage of its allotment under subsection (a).
‘‘(B) Subject to subparagraph (C), the Assist-
ant Secretary may approve any part of the greater
percentage requested in such application that the
Assistant Secretary determines is justified in such
application.
‘‘(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.—(A) 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.
‘‘(B)(i) Of the allotment made under subsection
(a) to a State for a fiscal year and remaining after
the application of paragraph (1) and subparagraph
(A), such part as the State agency determines, but
not more than 5 percent of such remaining amount
or $500,000 (whichever is less), may be reserved by
the State until June 30 for distribution to area
agencies on aging in such State for the delivery of
supportive services (and related supplies) during any
major disaster declared by the President in accord-
ance with the Robert T. Stafford Disaster Relief and
Emergency Assistance Act.
‘‘(ii) Any amount reserved under clause (i) that
is not distributed in accordance with such clause
shall be used as if this subparagraph were not in ef-
fect.
‘‘SEC. 303. ELIGIBILITY OF STATES; ORGANIZATION.
‘‘(a) ELIGIBILITY OF STATES.—For a State to be eli-
gible to receive funds allotted under section 302(a)—
‘‘(1) the State shall, in accordance with rules
issued by the Secretary, designate a State agency as
the sole State agency to—
‘‘(A) develop a State plan to be submitted
to the Assistant Secretary for approval under
section 304,
‘‘(B) administer the State plan within the
State,
‘‘(C) be responsible for the planning, policy
development, administration, coordination, pri-
ority setting, and evaluation of all State activi-
ties related to carrying out chapters 2 and 3,
‘‘(D) serve as an effective and visible advo-
cate for older individuals by reviewing and com-
menting on all State plans, budgets, and poli-
cies that affect older individuals, and to provide
technical assistance to any agency, organiza-
tion, or association representing the needs of
older individuals, and
‘‘(E) except as provided in subsection (d),
divide the State into distinct planning and serv-
ice areas or designate the entire State as a sin-
gle planning and service area,
‘‘(2) the State agency shall—
‘‘(A) designate an area agency on aging for
each planning and service area,
‘‘(B) take into account in the development
and administration of the State plan for any
fiscal year—
‘‘(i) the views of recipients of support-
ive services, nutrition services, or commu-
nity service employment, or
‘‘(ii) individuals using multipurpose
senior centers,
as the case may be, provided under such plan,
‘‘(C) after consultation with area agencies
and using the best available data, develop and
publish for review and comment a formula for
distribution within the State of funds received
under chapters 2 and 3 that takes into ac-
count—
‘‘(i) the geographical distribution of
older individuals in the State, and
‘‘(ii) the distribution among planning
and service areas of older individuals with
greatest economic need and older individ-
uals with greatest social need, and
‘‘(D) provide an assurance that preference
will be given to providing services to older indi-
viduals with greatest economic need and older
individuals with greatest social need, with par-
ticular attention to low-income minority individ-
uals, and include in the State plan a description
of the methods the State will use to carry out
such preference.
‘‘(b) DESIGNATION OF AREA AGENCIES ON AGING.—
(1) An area agency on aging designated under subsection
(a) shall be—
‘‘(A) an established office of aging,
‘‘(B) any office or agency of a unit of general
purpose local government, that is designated to func-
tion only for the purpose of serving as an area agen-
cy on aging by the chief elected official of such unit,
‘‘(C) any office or agency designated by the ap-
propriate chief elected officials of any combination of
units of general purpose local government to act only
on behalf of such combination for such purpose,
‘‘(D) any public or nonprofit private agency in
a planning and service area, or any separate organi-
zational unit within such agency, that is under the
supervision or direction for this purpose of the des-
ignated State agency and that can and will engage
only in the planning or provision of a broad range
of supportive services, or nutrition services within
the planning and service area, or
‘‘(E) in the case of a State designated under
subsection (a)(1)(E) as a single planning and service
area, the State agency,
and shall provide assurance, determined adequate by the
State agency, that the area agency on aging will have the
ability to develop an area plan and to carry out, directly
or through contractual or other arrangements, a program
in accordance with the plan within the planning and serv-
ice area.
‘‘(2) In designating an area agency on aging within
the planning and service area or within any unit of general
purpose local government designated as a planning and
service area, the State shall give preference to an estab-
lished office on aging, unless the State agency finds that
no such office within the planning and service area will
have the capacity to carry out the area plan.
‘‘(c) DUE PROCESS.—A State agency shall establish,
after consultation with area agencies on aging, procedures
to provide due process to affected parties, if the State
agency initiates an action or proceeding to change the des-
ignation of any designated planning and service area or
of any designated area agency on aging.
‘‘(d) GRANDFATHER PROVISION.—A State that on or
before October 1, 1980, had designated, with the approval
of the Commissioner on Aging, a single planning and serv-
ice area covering all of the older individuals in the State,
in which the State agency was administering the area
plan, may after that date designate one or more additional
planning and service areas within the State to be adminis-
tered by public or nonprofit private agencies or organiza-
tions as area agencies on aging. The State agency shall
continue to perform the functions of an area agency on
aging for any area of the State not included in a planning
and service area for which an area agency on aging has
been designated.
‘‘SEC. 304. STATE PLANS.
‘‘(a) PLAN.—To be eligible for grants from its allot-
ment under section 302(a) for any fiscal year, each State
shall submit to the Assistant Secretary a State plan for
a 2-, 3-, or 4-year period determined by the State agency,
with such annual revisions as are necessary. Each such
plan shall comply with all of the following requirements:
‘‘(1) UNIFORM AREA PLAN FORMAT.—The plan
shall be based upon area plans developed by area
agencies on aging within the State designated under
section 303(a)(2)(A) and that the State will prepare
and distribute a uniform format to be used by area
agencies on aging to submit to the State agency the
area plans developed under section 305.
‘‘(2) APPROVAL
OF
AREA
PLAN.—The plan
shall provide that each area agency on aging des-
ignated under section 303(a)(2)(A) will develop and
submit to the State agency for approval an area plan
that complies with section 305.
‘‘(3) EVALUATION OF NEED.—The plan shall
provide that the State agency will evaluate the need
for supportive services, nutrition services (taking
into consideration the comparative need for home-de-
livered nutrition services and for congregate nutri-
tion services), multipurpose senior centers, and com-
munity service employment within the State in serv-
ing eligible populations (including older individuals
with greatest economic need and older individuals
with greatest social need, with particular attention
to low-income minority individuals) and will deter-
mine the extent to which existing public or private
programs meet such need. To conduct the evalua-
tion, the State agency shall use the procedures im-
plemented under section 112(10).
‘‘(4) HEARINGS.—The plan shall provide that
the State agency will establish a grievance procedure
that will afford an opportunity for a hearing upon
request to any area agency on aging submitting a
plan under section 305, to any provider of a service
under such a plan, or to any applicant to provide
a service under such a plan. The State agency shall
establish and publish the procedures for requesting
and conducting such hearing.
‘‘(5) FISCAL CONTROL AND FUND ACCOUNTING;
CONFLICTS OF INTEREST.—(A) The plan shall pro-
vide satisfactory assurance that such fiscal control
and fund accounting procedures will be adopted as
may be necessary to assure proper disbursement of,
and accounting for, funds received from allotments
made under section 302(a) to the State, including
any such funds paid to the recipients of a grant or
contract.
‘‘(B) The plan shall provide assurances that—
‘‘(i) no individual (appointed or otherwise)
involved in the designation of the State agency
or an area agency on aging, or in the designa-
tion of the head of any subdivision of the State
agency or of an area agency on aging, is subject
to a conflict of interest prohibited under this
subtitle,
‘‘(ii) no officer, employee, or other rep-
resentative of the State agency or an area agen-
cy on aging is subject to a conflict of interest
prohibited under this subtitle, and
‘‘(iii) mechanisms are in place to identify
and remove conflicts of interest prohibited
under this subtitle.
‘‘(C) The plan shall provide assurances that the
State agency and each area agency on aging will—
‘‘(i) maintain the integrity and public pur-
pose of services provided, and service providers,
under the State plan in all contractual and
commercial relationships, and
‘‘(ii) demonstrate that the quantity or
quality of the services to be provided under the
State plan will be enhanced as a result of such
contract or such relationship,
‘‘(6) INFORMATION
AND
ASSISTANCE
SERV-
ICES.—The plan shall provide for establishing and
maintaining information and assistance services in
sufficient numbers to ensure, to the maximum extent
practicable, that all older individuals in the State
who are not furnished adequate information and as-
sistance services under section 305(a)(3) will have
reasonably convenient access to such services.
‘‘(7) LIMITATIONS.—(A) The plan shall provide
that no supportive services, nutrition services, or in-
home services will be directly provided by the State
agency or an area agency on aging, except when, in
the judgment of the State agency—
‘‘(i) provision of such services by the State
agency or an area agency on aging is necessary
to ensure an adequate supply of such services,
‘‘(ii) such services are directly related to
the administrative functions of the State agency
or area agency on aging, or
‘‘(iii) such services of comparable quality
can be provided more economically by the State
agency or area agency on aging.
‘‘(B)(i) Subparagraph (A) shall apply to case
management services only if such services are pro-
vided through an agency (other than the State agen-
cy) designated to provide case management services
under another law.
‘‘(ii) Subparagraph (A) shall not apply with re-
spect to information and assistance services or to
outreach.
‘‘(8) STATE
LONG-TERM
CARE
OMBUDSMAN
PROGRAM.—Subject to subsection (g), the plan shall
provide assurances that the State agency will carry
out a State long-term care ombudsman program in
accordance with subtitles B and D of title IV.
‘‘(9) LEGAL ASSISTANCE.—If a State elects to
provide legal assistance, the plan shall contain assur-
ances that with respect to legal assistance that area
agencies on aging will—
‘‘(A) enter into contracts with providers of
legal assistance that can demonstrate the 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.
‘‘(10) PREVENTION
AND
REMEDIATION
OF
ELDER
ABUSE, NEGLECT, AND
EXPLOITATION.—
Subject to subsection (g), and if the State elects to
provide for a fiscal year for services for the preven-
tion and remediation of elder abuse, neglect, and ex-
ploitation, contain assurances that such services will
be provided in accordance with subtitles C and D of
title IV.
‘‘(11) OUTREACH.—The plan shall provide as-
surances that the State agency will require outreach
efforts that will—
‘‘(A) identify individuals eligible for assist-
ance under chapters 2 and 3, with special em-
phasis on—
‘‘(i) older individuals residing in rural
areas,
‘‘(ii) older individuals with greatest
economic need,
‘‘(iii) older individuals with greatest
social need,
‘‘(iv) low-income minority individuals,
‘‘(v) older individuals with severe dis-
abilities,
‘‘(vi) older individuals with limited
English-speaking ability, and
‘‘(vii) older individuals with Alz-
heimer’s disease or related disorders with
neurological and organic brain dysfunction
(and the caregivers of such 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.
‘‘(12) 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 responsibility for individuals
with disabilities (including severe disabilities).
‘‘(13) 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.
‘‘(14) 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 related to implementa-
tion of chapter 2 or 3.
‘‘(15) COORDINATION OF SERVICES; PROVISION
OF MULTIGENERATIONAL SERVICES.—The plan shall
provide assurances that demonstrable efforts will be
made—
‘‘(A) to coordinate services provided under
chapters 2 and 3 with other State services that
benefit older individuals, and
‘‘(B) to provide multigenerational 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.
‘‘(16) 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.
‘‘(17) COST SHARING.—If the State, after con-
sultation with area agencies on aging and after pro-
viding an opportunity for older individuals to submit
comments, elects to require cost sharing by recipi-
ents of services under the State plan (or to require
or permit area agencies on aging to require cost
sharing by recipients of services under area plans),
the plan shall—
‘‘(A) provide that no cost sharing shall be
required for—
‘‘(i) information and assistance serv-
ices, outreach, benefits counseling, or case
management services, or
‘‘(ii) ombudsman or other protective
services, or
‘‘(B)(i) exempt from cost-sharing require-
ments individuals with incomes below a low-in-
come threshold set by the State that is not
lower than 125 percent of the poverty line,
‘‘(ii) set cost-sharing rates for individuals
with incomes above such threshold on a sliding-
fee scale based on income,
‘‘(iii) provide that the income of older indi-
viduals will be determined by self-declaration,
and
‘‘(C) provide that individuals will not be
denied a service under the plan because of the
‘‘(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.
‘‘(20) INFORMATION ON MEETING NEEDS.—The
plan shall contain information describing how the
State and area agencies on aging are meeting the
needs that older individuals have for outreach, case
management services, transportation services, infor-
mation and assistance services, in-home services, and
legal assistance.
‘‘(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)(3)
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
United 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.
‘‘(g) LIMITATION
ON EXPENDITURES.—Not more
than 15 percent of the allotment made under section
302(a) for a fiscal year and remaining after the applica-
tion of subsection (c)(1), may be used to carry out the
State long-term care ombudsman program described in
subsection (a)(8) and to provide services for the preven-
tion of elder abuse, neglect, and exploitation described in
subsection (a)(10).
‘‘SEC. 305. AREA PLANS.
‘‘(a) PLAN.—Each area agency on aging designated
under section 303(a)(2)(A) shall, in order to be approved
by the State agency, prepare and develop an area plan
for a planning and service area for a 2–, 3–, or 4-year
period determined by the State agency, with such annual
adjustments 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 (with particular attention to low-in-
come minority individuals), the number of older
individuals who have greatest economic need re-
siding in such area, the number of older indi-
viduals who have greatest social need residing
in such area, the number of older individuals
residing on reservations in such area, and the
number of older individuals who are Indians re-
siding in such area, and the efforts of voluntary
organizations in the community),
‘‘(C) evaluating the effectiveness of the use
of resources in meeting such need, and
‘‘(D) entering into agreements with provid-
ers of supportive services, nutrition services, or
multipurpose senior centers in such area, for
the provision of such services or centers to meet
such need.
‘‘(2) PROMOTION OF INDEPENDENT LIVING.—
The plan shall promote independent living through
the provision of home- and community-based care,
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-
givers of individuals with such disease or disorders).
‘‘(4) 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 and older individuals with greatest social
need (with particular attention to low-income minor-
ity individuals), and to older individuals residing in
rural areas.
‘‘(B) The plan shall contain assurances that the
area agency on aging will use outreach efforts that
will—
‘‘(i) identify individuals eligible for assist-
ance under chapters 2 and 3, with special em-
phasis on—
‘‘(I) older individuals residing in rural
areas,
‘‘(II) older individuals with greatest
economic need,
‘‘(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 caregivers of such individuals, of the
availability of such assistance.
‘‘(5) TECHNICAL
ASSISTANCE
AND
INFORMA-
TION; ADVOCACY; ADVISORY
COUNCIL.—The plan
shall provide that the area agency on aging will—
‘‘(A) furnish appropriate technical assist-
ance, and information in a timely manner, to
providers of supportive services, nutrition serv-
ices, or multipurpose senior centers in the plan-
ning and service area covered by the area plan,
‘‘(B) take into account in connection with
matters of general policy arising in the develop-
ment and administration of the area plan, the
views of recipients of services under such plan,
‘‘(C) serve as the advocate and focal point
for older individuals within the community by
(in cooperation with agencies, organizations,
and individuals participating in activities under
the plan) monitoring, evaluating, and 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 parts A and C of title II
of the Domestic Volunteer Service Act of 1973 (42
U.S.C. 5000 et seq.).
‘‘(7) PREVENTION AND REMEDIATION OF THE
ABUSE, NEGLECT, OR EXPLOITATION OF OLDER IN-
DIVIDUALS.—If the area agency on aging elects to
provide a program to prevent and to remediate 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 program con-
sistent with the provisions of this subtitle,
‘‘(B) contain an assurance that the area
agency on aging will provide public education
and outreach to identify and prevent abuse, ne-
glect, and exploitation of older individuals,
‘‘(C) contain an assurance that the area
agency on aging—
‘‘(i) will establish procedures for re-
ceipt of reports of abuse, neglect, and 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 the 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),
‘‘(C) include provision, to consumers, of a
list of available service providers for appropriate
care in the planning and service area served by
such agency,
‘‘(D) be provided in a manner that gives a
consumer the right to choose a provider of pref-
erence, and
‘‘(E) be provided by—
‘‘(i) a public agency, or
‘‘(ii) a nonprofit private agency that—
‘‘(I) does not provide, and does
not have a direct or indirect 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,
‘‘(II) is located in a rural area
and obtains a waiver of the require-
ment described in subclause (I), or
‘‘(III) is a community-based or-
ganization that is described in section
501(c)(3) of the Internal Revenue
Code of 1986, that is exempt from
taxation under section 501(a) of such
Code, and that is located in a plan-
ning and service area in which an
area agency on aging made a contract
with 1 or more nonprofit private agen-
cies to provide case management serv-
ices in fiscal year 1994 under the
Older Americans Act of 1965.
‘‘(13) COST SHARING.—The plan shall contain
assurances that any requirements for cost sharing
by recipients of services provided under the plan will
be consistent with those provisions of the State plan
that satisfy the requirement specified in section
304(a)(17).
‘‘(14) OLDER
INDIVIDUALS
WITH
DISABIL-
ITIES.—The plan shall provide, with respect to the
needs of older individuals with disabilities, assur-
ances that the area 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 agency.
‘‘(15) TELEPHONE
LISTING.—The plan shall
contain an assurance that the area agency on aging
will list the telephone number of such agency in each
telephone directory that is published, by the provider
of local telephone service, for residents in any geo-
graphical area that lies in whole or in part in the
service and planning area served by such agency—
‘‘(A) under the name ‘Area Agency on
Aging’,
‘‘(B) in the unclassified section of the di-
rectory, and
‘‘(C) to the extent possible, in the classi-
fied section of the directory, under a subject
heading designated by the Assistant Secretary
by regulation.
‘‘(b) PRESERVATION OF ATTORNEY-CLIENT PRIVI-
LEGE.—An area agency on aging may not require any pro-
vider of legal assistance under this chapter to reveal any
information that is protected by the attorney-client privi-
lege.
‘‘(c) STATE AUTHORITY TO WITHHOLD FUNDS.—(1)
If the head of a State agency finds that an area agency
on aging has failed to comply with Federal or State laws,
including the area plan requirements of this section, rules,
or policies, the State may withhold from the area agency
on aging a portion of the funds available under the allot-
ment made under section 302(a).
‘‘(2)(A) The head of a State agency shall not make
a final determination withholding funds under paragraph
(1) without first affording the area agency on aging due
process in accordance with procedures established by the
State agency.
‘‘(B) At a minimum, such procedures shall include
procedures for—
‘‘(i) providing notice of an action to withhold
funds,
‘‘(ii) providing documentation of the need for
such action, and
‘‘(iii) at the request of the area agency on
aging, conducting a public hearing concerning such
action.
‘‘(3)(A) If a State agency withholds the funds under
paragraphs (1) and (2), the State agency may use the
funds withheld to directly administer programs under
chapters 2 and 3 in the planning and service area served
by the area agency on aging for a period not to exceed
180 days, except as provided in subparagraph (B).
‘‘(B) If the State agency determines that the area
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 75 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,
‘‘(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)(3)(A) to cover part of the
cost of the administration of area plans.
‘‘(3) The portion of the allotment made available
under section 302(c)(1) to a State for any fiscal year, that
the State determines will not be required by the State for
such year for the purposes described in paragraph (1)
shall be available to the State to provide services under
chapter 2, chapter 3, or both, in the State.
‘‘(4) Any State that is designated under section
303(a)(1)(E) a single planning and service area covering
all, or substantially all, of the older individuals in the
State, as determined by the Assistant Secretary, may elect
to pay part of the costs of the administration of State and
area plans either out of the amount of funds received
under this section or out of the amount of funds made
available for the administration of area plans under sec-
tion 302(c)(3)(A), 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
subsections (a) and (b) of section 381, 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 subsections (a) and (b) of section 381, (including
funds transferred under subparagraph (A) without regard
to this subparagraph) for any fiscal year are insufficient
to satisfy the need for services under chapter 2 or 3, then
the Assistant Secretary may grant a waiver that permits
the State to transfer under subparagraph (A) to satisfy
such need an additional 25 percent of the funds so 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 116, 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
‘‘(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.
‘‘The Assistant Secretary shall carry out a program
for making grants to States under State plans approved
under section 304 for any of the following supportive serv-
ices that are necessary for the general welfare of older in-
dividuals:
‘‘(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
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) or
under any federally assisted housing program
designed to assist older individuals.
‘‘(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—
‘‘(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 information and counseling relating to mak-
ing choices offered under titles XVIII and XIX of
the Social Security Act (relating to Medicare and
Medicaid), and other health care plans.
‘‘(6) Services designed to provide to older indi-
viduals legal assistance and other counseling services
and assistance, including—
‘‘(A) tax counseling and assistance, finan-
cial counseling, and counseling regarding appro-
priate health and life insurance coverage,
‘‘(B) representation—
‘‘(i) of individuals who are wards (or
are allegedly incapacitated), and
‘‘(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.
‘‘(7) Services designed to enable older individ-
uals to attain and maintain physical and mental
well-being through programs of regular physical ac-
tivity.
‘‘(8) Activities designed to promote disease pre-
vention and health promotion.
‘‘(9) 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.
‘‘(10) Services of an ombudsman to receive, in-
vestigate, and act on complaints by older individuals
who are residents of long-term care facilities and to
advocate for the well-being of such individuals.
‘‘(11) Services that are designed to meet the
unique needs of older individuals who are disabled,
and of older individuals who provide uncompensated
care to their adult children with disabilities.
‘‘(12) Services to encourage the employment of
older individuals, including job and second career
counseling and, where appropriate, job development,
referral, and placement.
‘‘(13) Services for the prevention of abuse, ne-
glect, or exploitation of older individuals.
‘‘(14) Crime prevention services and victim as-
sistance programs for older individuals.
‘‘(15) Health and nutrition education services,
including information concerning prevention, diag-
nosis, treatment, and rehabilitation of age-related
diseases and chronic disabling conditions.
‘‘(16) Services designed to enable mentally im-
paired older individuals to attain and maintain emo-
tional well-being and independent living through a
coordinated system of supportive services.
‘‘(17) Services designed to provide information
and training for individuals who are or may become
guardians or representative payees of older individ-
uals, including information on the powers and duties
of guardians and representative payees and on alter-
natives to guardianships.
‘‘(18) 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.
‘‘(19) Services to assist in the operation of mul-
tipurpose senior centers.
‘‘(20) Services that provide reasonable opportu-
nities for older individuals to participate on a vol-
untary basis in multigenerational activities.
‘‘(21) Transportation services to facilitate ac-
cess to the services authorized by this subsection to
be provided.
‘‘(22) 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—
‘‘(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)(2) 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,
‘‘(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, and
‘‘(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 con-
sumed,
‘‘(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-
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) provide for nutrition screening and,
where appropriate, for nutrition education and
counseling.
‘‘Subtitle B—Authorization of
Appropriations
‘‘SEC. 381. AUTHORIZATION OF APPROPRIATIONS.
‘‘(a) SUPPORTIVE SERVICES
AND MULTIPURPOSE
SENIOR CENTERS.—There are authorized to be appro-
priated to carry out chapter 2 of subtitle A $310,210,000
for fiscal year 1999 and such sums as may be necessary
for fiscal years 2000, 2001, 2002, and 2003.
‘‘(b) NUTRITION SERVICES.—There are authorized to
be appropriated to carry out chapter 3 of subtitle A
$502,450,000 for fiscal year 1999 and such sums as may
be necessary for fiscal years 2000, 2001, 2002, and 2003.
‘‘SEC. 382. ADDITIONAL FUNDS AVAILABLE FOR NUTRITION
SERVICES.
‘‘(a) FUNDS AVAILABLE.—In addition to the amount
appropriated under section 381(b), and to provide nutri-
tion services under subtitle A and title II for each of the
fiscal years 1999, 2000, 2001, 2002, and 2003, the
amount appropriated under subsection (e) for such fiscal
year shall be made available to the Assistant Secretary
by the Secretary of Agriculture.
‘‘(b) DIVISION OF FUNDS.—The Assistant Secretary
shall divide the funds made available under subsection (a)
so that—
‘‘(1) 98.9 percent of such funds is allotted in
accordance with subsection (c) to provide nutrition
services under subtitle A, and
‘‘(2) the balance is available to make grants
under title II to provide nutrition services.
‘‘(c) ALLOTMENT BASED ON MEALS SERVED.—
‘‘(1) IN GENERAL.—In providing funds for nu-
trition services under subsection (b)(1) for a fiscal
year, the Assistant Secretary shall allot such funds
among States based on number of meals served, as
specified in paragraph (2).
‘‘(2) CALCULATION.—The Assistant Secretary
shall allot to each State for a fiscal year the amount
that bears the same ratio to such 98.9 percent as
the number of meals served in the State under this
section or under section 311 of the Older Americans
Act of 1965 (as in effect immediately before the ef-
fective date of this section), as appropriate, for the
preceding fiscal year bears to the number of meals
served in all States under this section or such sec-
tion 311, as appropriate, for such preceding fiscal
year.
‘‘(d) 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
(1), the Assistant Secretary shall use the amount of
such funds designated by the State, or of such grant
designated by the grant recipient, to purchase com-
modities from the Secretary of Agriculture and to
make such commodities available to the State or
grant recipient.
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There
are authorized to be appropriated to carry out this section
$145,000,000 for fiscal year 1999 and such sums as may
be necessary for fiscal years 2000, 2001, 2002, and 2003.
100
‘‘TITLE IV—STATE LONG-TERM
CARE 
OMBUDSMAN 
PRO-
GRAMS; SERVICES FOR THE
PREVENTION 
AND 
REMEDI-
ATION OF ELDER ABUSE, NE-
GLECT, AND EXPLOITATION
‘‘Subtitle A—Use of Additional
Allotments
‘‘SEC. 401. USE OF ALLOTMENTS.
‘‘Funds allotted under section 302(b) shall be made
available for a fiscal year to States that receive funds from
allotments made under section 302(a) for such fiscal year
and that agree to use funds received under this section—
‘‘(1) to carry out a State long-term care om-
budsman program that complies with the require-
ments of subtitles B and D,
‘‘(2) to provide, through the State agency and
in consultation with area agencies on aging, services
for the prevention and remediation of elder abuse,
neglect, and exploitation and that comply with the
requirements of subtitles C and D, or
‘‘(3) both to carry out the program described in
paragraph (1) and to provide the services described
in paragraph (2).
101
‘‘Subtitle B—State Long-Term Care
Ombudsman Program
‘‘SEC. 421. REQUIREMENTS APPLICABLE TO STATE LONG-
TERM CARE OMBUDSMAN PROGRAM.
‘‘To carry out a State long-term care ombudsman
program for which funds received from allotments made
under subsections (a) and (b) of section 302 may be used,
a State shall comply with all of the following:
‘‘(1) DUTIES.—The State agency shall provide
services—
‘‘(A) to identify, to investigate, and to re-
solve complaints that—
‘‘(i) are made by or on behalf of older
individuals who are residents of long-term
care facilities, and
‘‘(ii) relate to action, inaction, or deci-
sions that may adversely affect the health,
safety, welfare, or rights of such residents
(including the welfare and rights of such
residents with respect to the appointment
and activities of guardians and representa-
tive payees), of providers (or representa-
tives of providers) of long-term care serv-
ices, public agencies, or health and social
service agencies,
102
‘‘(B) provide services to assist such resi-
dents in protecting the health, safety, welfare,
and rights of such residents,
‘‘(C) inform such residents about means of
obtaining services provided by providers or
agencies described in subparagraph (A)(ii) or
services described in subparagraph (A),
‘‘(D) ensure that such residents have regu-
lar and timely access to the services provided
through the State long-term care ombudsman
program and that such residents and complain-
ants receive from program representatives of
the State agency timely responses to com-
plaints,
‘‘(E) represent the interests of such resi-
dents before governmental agencies and seek
administrative, legal, and other remedies to pro-
tect the health, safety, welfare, and rights of
the residents,
‘‘(F) provide administrative and technical
assistance to entities designated under para-
graph (6) to assist the entities in participating
in the program,
‘‘(G) analyze, comment on, and monitor
the development and implementation of Fed-
103
eral, State, and local laws, rules, and other gov-
ernmental policies and actions, that pertain to
the health, safety, welfare, and rights of the
residents, with respect to the adequacy of long-
term care facilities and services in the State,
‘‘(H) provide for training program rep-
resentatives of the State agency, and
‘‘(I) carry out such other activities as the
State agency determines to be appropriate.
‘‘(2) CONTRACTS
AND
ARRANGEMENTS.—(A)
Except as provided in subparagraph (B), the State
agency may carry out the State long-term care om-
budsman program, directly, or by contract or other
arrangement with any public agency or nonprofit
private organization.
‘‘(B) For purposes of subparagraph (A), the
State agency may not enter into a contract or other
arrangement with—
‘‘(i) an agency or organization that is re-
sponsible for licensing or certifying long-term
care services in the State, or
‘‘(ii) an association (or an affiliate of such
an association) of long-term care facilities, or of
any other residential facilities for older individ-
uals.
104
‘‘(3) DESIGNATION OF LOCAL OMBUDSMAN EN-
TITIES
AND
REPRESENTATIVES.—(A) In carrying
out the duties specified in paragraph (1), the State
agency may designate an entity as a local ombuds-
man entity, and may designate an individual (includ-
ing an employee or volunteer) to represent the en-
tity.
‘‘(B) An individual so designated may, in ac-
cordance with the policies and procedures estab-
lished by the State agency—
‘‘(i) provide services to protect the health,
safety, welfare, and rights of older individuals
who are residents of long-term care facilities,
‘‘(ii) ensure that residents in the service
area of the entity have regular, timely access to
representatives of the State long-term care om-
budsman program and timely responses to com-
plaints and requests for assistance,
‘‘(iii) identify, investigate, and resolve com-
plaints made by or on behalf of such residents
that relate to action, inaction, or decisions, that
may adversely affect the health, safety, welfare,
or rights of such residents,
‘‘(iv) represent the interests of such resi-
dents before government agencies and seek ad-
105
ministrative, legal, and other remedies to pro-
tect the health, safety, welfare, and rights of
such residents,
‘‘(v) review, and if necessary, comment on
existing and proposed laws, rules, and other
government policies and actions, that pertain to
the rights and well-being of such residents,
‘‘(vi) facilitate the ability of the public to
comment on such laws, rules, policies, and ac-
tions,
‘‘(vii) support the development of resident
and family councils, and
‘‘(viii) carry out other activities that the
State agency determines to be appropriate.
‘‘(C)(i) The State agency shall establish policies
and procedures for monitoring local ombudsman en-
tities designated to carry out the duties specified in
paragraph (1).
‘‘(ii) If the entities are grantees, or the rep-
resentatives are employees, of area agencies on
aging, the State agency shall develop such policies
after consultation with such area agencies on aging.
Such policies shall provide for participation and
comment by such area agencies on aging and for
resolution of concerns with respect to case activity.
106
‘‘(iii) The State agency shall develop the poli-
cies and procedures in accordance with all provisions
of this subtitle regarding confidentiality and conflict
of interest.
‘‘(4) PROCEDURES
FOR
ACCESS.—The State
shall ensure, and shall establish procedures that en-
sure, that program representatives of the State
agency shall have—
‘‘(A) access to long-term care facilities and
residents,
‘‘(B)(i) appropriate access to review the
medical and social records of a resident, if the
program representative involved has the permis-
sion of the resident (or the legal representative
of the resident), or the resident is unable to
consent to the review and has no legal rep-
resentative, or
‘‘(ii) access to such records as is necessary
to investigate a complaint if a legal guardian of
the resident refuses to give the permission, a
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,
107
‘‘(C) access to the administrative records,
policies, and documents, to which the residents
have or the general public has access, of long-
term care facilities, and
‘‘(D) access to and, on request, copies of
all licensing and certification records main-
tained by the State with respect to long-term
care facilities.
‘‘(5) REPORTING SYSTEM.—The State agency
shall collect and analyze data relating to complaints
and conditions in long-term care facilities and to
older individuals who are residents of long-term care
facilities, for the purpose of identifying and resolving
significant problems.
‘‘(6) DISCLOSURE.—(A) The State agency shall
establish procedures for the disclosure by the State
agency or local ombudsman entities of files main-
tained by the State long-term care ombudsman pro-
gram, including records and data described in para-
graphs (4) and (5).
‘‘(B) The procedures described in subparagraph
(A) shall provide that, subject to subparagraph (C),
the files and records described in subparagraph (A)
may be disclosed only at the discretion of the State
agency. The procedures described in subparagraph
109
that carry out activities under the State long-term
care ombudsman program.
‘‘(9) LEGAL COUNSEL.—The State agency shall
ensure that—
‘‘(A)(i) adequate legal counsel is available
and able to provide advice and consultation
needed to protect the health, safety, welfare,
and rights of older individuals who are resi-
dents of long-term care facilities, and to assist
the program representatives of the State agency
in the performance of the official duties of the
State agency, and
‘‘(ii) legal representation is provided to any
program representative of the State agency
against whom suit or other legal action is
brought or threatened to be brought in connec-
tion with the performance of the official duties
of the State agency or such a representative,
and
‘‘(B) the State agency pursues administra-
tive, legal, and other appropriate remedies on
behalf of such residents.
‘‘(10) LIABILITY.—The State shall ensure that
no program representative of the State agency will
110
be liable under State law for the good faith perform-
ance of official duties.
‘‘(11) NONINTERFERENCE.—The State shall—
‘‘(A) ensure that willful interference with
the State agency in the performance of the offi-
cial duties under the State long-term care om-
budsman program shall be unlawful,
‘‘(B) prohibit retaliation and reprisals by a
long-term care facility or other entity with re-
spect to any resident, employee, or other person
for filing a complaint with, providing informa-
tion to, or otherwise cooperating with any rep-
resentative of, the State agency, and
‘‘(C) provide for appropriate sanctions with
respect to such interference and such retaliation
and reprisals.
‘‘Subtitle C—Prevention and Reme-
diation of Elder Abuse, Neglect,
and Exploitation
‘‘SEC. 441. REQUIREMENTS APPLICABLE TO PROVIDING
SERVICES TO PREVENT AND TO REMEDIATE
ELDER 
ABUSE, 
NEGLECT, 
AND 
EXPLOI-
TATION.
‘‘To provide services to prevent and to remediate
elder abuse, neglect, and exploitation, for which funds re-
111
ceived from allotments made under sections 302(a) and
302(b) may be used, a State shall include in the State
plan required by section 304 all of the following:
‘‘(1) IMMUNITY.—An assurance that the State
has in effect laws relating to elder abuse, neglect,
and exploitation that include provisions for immu-
nity for persons who report, in good faith, instances
of elder abuse, neglect, and exploitation, from pros-
ecution under any State or local law arising out of
such reporting.
‘‘(2) TRAINING.—An assurance that individuals
who provide services to prevent and to remediate
elder abuse, neglect, and exploitation are trained to
effectively deal with such reported instances.
‘‘(3) PROHIBITION OF INVOLUNTARY PARTICI-
PATION.—An assurance that involuntary or coerced
participation in services provided under this subtitle
by alleged victims, abusers, or members of their
households will not be permitted.
‘‘(4) CONFLICT OF INTEREST.—An assurance
that the State requires all information gathered in
the course of receiving reports on instances of, and
of making referrals relating to elder abuse, neglect,
and exploitation remain confidential—
112
‘‘(A) unless all parties to such complaint
consent in writing to the release of such infor-
mation,
‘‘(B) unless the release of such information
is to a law enforcement agency, public protec-
tive service agency, licensing or certification
agency, ombudsman program, or protection or
advocacy system, or
‘‘(C) except upon court order.
‘‘(5) CONFLICTS WITH OTHER AGENCIES.—An
assurance that the State agency will make all rea-
sonable efforts to resolve any conflicts with other
public agencies with respect to confidentiality of the
information described in paragraph (4).
‘‘(6) COORDINATION.—An assurance that the
State agency will coordinate its services under this
subtitle with law enforcement officials, courts of
competent jurisdiction, and other relevant State and
local programs, including area agencies on aging and
agencies that administer adult protective services,
medicaid fraud and abuse services (including serv-
ices 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.
113
‘‘(7) PARTICIPATION IN DECISIONS.—An assur-
ance that older individuals participate in decisions
regarding their welfare.
‘‘(8) OTHER
ACTIVITIES.—A description of
other activities that the State agency determines to
be beneficial in the prevention and remediation of
abuse, neglect, or exploitation of older individuals
and intends to carry out under this subtitle.
‘‘SEC. 442. MANNER OF PROVIDING OF SERVICES.
‘‘The State agency may provide services under section
441 to prevent and to remediate elder abuse, neglect, and
exploitation either directly or through contracts or agree-
ments with public or nonprofit private agencies or organi-
zations, including—
‘‘(1) other State entities,
‘‘(2) area agencies on aging,
‘‘(3) political subdivisions of the State,
‘‘(4) institutions of higher education,
‘‘(5) tribal organizations and Alaska Native or-
ganizations, and
‘‘(6) nonprofit service providers or volunteer or-
ganizations.
114
‘‘Subtitle D—Administrative Provi-
sions; Authorizations of Appro-
priations
‘‘SEC. 491. TECHNICAL ASSISTANCE.
‘‘(a) OTHER AGENCIES.—In carrying out this title,
the Assistant Secretary may request the technical assist-
ance and cooperation of such Federal entities as may be
appropriate.
‘‘(b) ASSISTANT SECRETARY.—The Assistant Sec-
retary shall provide technical assistance and training (by
contract, grant, or otherwise) to individuals and entities
that administer activities carried out in accordance with
subtitle B or C.
‘‘SEC. 492. AUDITS.
‘‘(a) ACCESS.—The Assistant Secretary, the Comp-
troller General of the United States, and any duly author-
ized representative of the Assistant Secretary or the
Comptroller shall have access, for the purpose of conduct-
ing an audit or examination, to any books, documents, pa-
pers, and records that are pertinent to financial assistance
received to carry out subtitle B or C.
‘‘(b) LIMITATION.—In carrying out subtitles B and
C, State agencies and area agencies on aging shall not
request information or data from providers that is not per-
tinent to services furnished under such subtitles or to a
115
payment made for the services provided under such sub-
titles.
‘‘SEC. 493. AUTHORIZATIONS OF APPROPRIATIONS.
‘‘There are authorized to be appropriated to carry out
this title $9,400,000 for fiscal year 1999 and such sums
as may be necessary for fiscal years 2000, 2001, 2002,
and 2003.
‘‘TITLE V—COMMUNITY SERVICE
EMPLOYMENT 
FOR 
OLDER
AMERICANS
‘‘SEC. 501. SHORT TITLE.
‘‘This title may be cited as the ‘Older American Com-
munity Service Employment Act of 1998’.
‘‘SEC. 502. ALLOTMENT AND RESERVATION OF FUNDS FOR
COMMUNITY SERVICE EMPLOYMENT.
‘‘(a) ALLOTMENT OF FUNDS FOR FISCAL YEARS
1999–2003.—
‘‘(1) BASE ALLOTMENT.—The amount appro-
priated under section 506 for each of the fiscal years
1999 through 2003 shall be allotted by the Sec-
retary of Labor with respect to the States as follows:
‘‘(A) For each of the fiscal years 1999,
2000, 2001, 2002, and 2003, such amount ap-
propriated for such fiscal year, to the extent
such amount does not exceed the aggregate
116
amount the Secretary reserved under section
506(a)(1)(A) of the Older Americans Act of
1965 to carry out title V of such Act for fiscal
year 1998, shall be allotted with respect to the
States proportionately based on the sum of the
respective shares of such aggregate amount ex-
pended in the States to carry out such title for
such fiscal year.
‘‘(B) If such amount appropriated for any
of such fiscal years exceeds such aggregate
amount, the excess amount shall be allotted in
accordance with paragraph (2).
‘‘(2) ALLOTMENTS
BASED
ON
AGE
AND
PER
CAPITA INCOME.—Each amount referred to in para-
graph (1)(B) shall be allotted as follows:
‘‘(A) Subject to subparagraph (B), with re-
spect to each State there shall be allotted the
amount that bears the same ratio to the
amount so referred to as the product of the
number of individuals 55 years of age or older
in the State and the allotment percentage of the
State bears to the sum of the corresponding
products for all the States.
‘‘(B) The amounts allotted under subpara-
graph (A) shall be reduced proportionately to
117
the extent necessary to increase other allot-
ments under such subparagraph to achieve the
following:
‘‘(i) With respect to each State there
shall be allotted 1⁄2 of 1 percent of the
amount appropriated for the fiscal year for
which the determination is made.
‘‘(ii) With respect to each of Guam,
American Samoa, the Virgin Islands of the
United States, and the Commonwealth of
the Northern Mariana Islands there shall
be allotted not less than 1⁄4 of 1 percent of
the amount appropriated for the fiscal year
for which the determination is made or
$50,000, whichever is greater.
‘‘(3) ALLOTMENT PERCENTAGE.—For purposes
of paragraph (2)(A)—
‘‘(A) except as provided in subparagraph
(B), the allotment percentage of each State
shall be 100 percent less that percentage which
bears the same ratio to 50 percent as the per
capita income of the State bears to the aggre-
gate per capita income of all the States, except
that the allotment percentage shall be not more
118
than 75 percent and not less than 331⁄3 per-
cent, and
‘‘(B) the allotment percentage for the Dis-
trict of Columbia, the Commonwealth of Puerto
Rico, Guam, American Samoa, the Virgin Is-
lands of the United States, and the Common-
wealth of the Northern Mariana Islands shall
be 75 percent.
‘‘(4) LIMITATION.—For purposes of paragraphs
(2)(B)(i) and (3)(A), the term ‘State’ does not in-
clude Guam, American Samoa, the Virgin Islands of
the United States, or Commonwealth of the North-
ern Mariana Islands.
‘‘(5) POPULATION
AND
PER
CAPITA
INCOME
DETERMINATIONS.—For purposes of this subsection,
the number of individuals 55 years of age or older
in each State, and the per capita income of each
State, shall be determined by the Secretary on the
basis of the most satisfactory data available to the
Secretary.
‘‘(b) RESERVATION OF ALLOTTED FUNDS.—Subject
to subsection (c), the Secretary shall reserve funds allotted
under subsection (a) as follows:
Allotment with Respect to
the State for Fiscal Year:
Percent of Allotment Re-
served for Grants to the
State:
Percent of Allot-
ment Reserved for
Grants to National
Organizations to
Carry Out Projects
in the State:
1999
119
Allotment with Respect to
the State for Fiscal Year:
Percent of Allotment Re-
served for Grants to the
State:
Percent of Allot-
ment Reserved for
Grants to National
Organizations to
Carry Out Projects
in the State:
2000
2001
2002
2003
50.
‘‘(c) 
PENALTY
ADJUSTMENT
TO
RESERVED
AMOUNTS.—(1) If the recipient of a grant under section
503(a)(1) fails (directly or through the operation of
projects carried out under agreements made under section
503(b) by such recipient) in a fiscal year to comply with
the requirements of this title or fails to substantially meet
the applicable performance standards in effect under sec-
tion 503(i), then the Secretary may, in the discretion of
the Secretary, reduce the amount of the grant such recipi-
ent would receive under section 503(a)(1) in the succeed-
ing fiscal year but for the operation of this subsection,
by an amount, based on the extent of the failure but not
to exceed 15 percent of such grant for such succeeding
fiscal year, and—
‘‘(A) if such recipient is a State, may make the
amount of the reduction in such grant available to
make grants under section 503(a)(1) to eligible or-
ganizations to carry out projects in such State, or
‘‘(B) if such recipient is an organization, may
make the amount of the reduction in such grant
120
available to make grants under section 503(a)(1)
to—
‘‘(i) the State in which such recipient car-
ried out the project that is the basis of the re-
duction, or
‘‘(ii) other eligible organizations to carry
out projects in the State referred to in clause
(i).
‘‘(2) If the recipient of a grant under section
503(a)(1) fails in 3 consecutive fiscal years (directly or
through the operation of projects carried out under agree-
ments made under section 503(b) by such recipient) to
comply with the requirements of this title or to substan-
tially meet the applicable performance standards in effect
under section 503(i), then the Secretary shall make the
applicable reduction described in paragraph (1) and may
make the amount of such reduction available to make
grants in accordance with subparagraphs (A) and (B) of
such paragraph.
‘‘(3) In making any reduction under paragraph (1)
or (2), the Secretary shall ensure, to the maximum extent
practicable, that older individuals who were employed im-
mediately before such reduction is made, in projects for
which the reduced grant will be used shall continue to be
121
employed in projects for which agreements are made under
section 503(b) for such succeeding fiscal year.
‘‘SEC. 503. OLDER AMERICAN COMMUNITY SERVICE EM-
PLOYMENT PROGRAM.
‘‘(a) AUTHORITY FOR PROGRAM.—(1) With funds re-
served under section 502(b), the Secretary shall make
grants to eligible States, and on a competitive basis taking
into account performance reports submitted under sub-
section (k), to public and nonprofit private national orga-
nizations, for the purpose of providing to unemployed low-
income older individuals who have poor employment pros-
pects, employment opportunities in providing community
services.
‘‘(2)(A)(i) Subject to clause (ii), not less than 85 per-
cent of each grant made under paragraph (1), and not
less than 85 percent of the funds received by an entity
under each agreement made under subsection (b), shall
be used to pay wages and benefits for older individuals
who are employed under agreements made under sub-
section (b).
‘‘(ii) On the request of the recipient of such grant
and based on information submitted to the Secretary by
such applicant, the Secretary may waive the requirement
specified in clause (i) applicable to entities that make
agreements under subsection (b) with such applicant, so
122
as to permit such applicant to allow any of such entities
to use not more than 5 percent (in the aggregate) of the
funds received under their respective agreements—
‘‘(I) to provide employment-related counseling
to such individuals,
‘‘(II) to provide employment-related supportive
services to such individuals, and
‘‘(III) to pay employment-related transportation
costs,
if the Secretary determines that the use of additional
funds is necessary to carry out the activities described in
subclauses (I), (II), or (III).
‘‘(B)(i) Except as provided in clause (ii), not more
than 13.5 percent of such grant may be used to pay ad-
ministrative costs and costs incurred—
‘‘(I) to perform the assessment described in
subsection (c)(2)(K), and
‘‘(II) to provide the training described in sub-
section (c)(2)(L).
‘‘(ii) At the request of the recipient of a grant made
under paragraph (1) and based on information submitted
to the Secretary by such recipient, the Secretary may per-
mit such recipient to use a greater part of such grant,
but not more than 15 percent of such grant, to pay the
administrative costs described in clause (i) if the Secretary
123
determines that the use of such greater part to pay such
costs is necessary to carry out the projects with respect
to which such request is made.
‘‘(C) To the maximum extent practicable, an entity
that carries out a project under an agreement made under
subsection (b) shall provide for the payment of the costs
described in subparagraph (B) from non-Federal sources.
‘‘(b) ELIGIBILITY FOR GRANTS.—To be eligible to re-
ceive a grant under subsection (a), a State, or public or
private nonprofit national organization, shall submit to the
Secretary an application in such form and containing such
information as the Secretary may require by rule, includ-
ing an assurance that such grant will be used by the State
or the organization to carry out projects (excluding
projects involving the construction, operation, or 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)
and that provide for meeting specifications the State or
the organization shall establish and the performance
standards in effect under subsection (j):
‘‘(1) Agreements may be made by the State or
the organization with—
124
‘‘(A) public or nonprofit private agencies
or organizations,
‘‘(B) political subdivisions of States having
elected or duly appointed governing officials (or
combinations of such political subdivisions),
‘‘(C) tribal organizations,
‘‘(D) area agencies on aging, and
‘‘(E) national organizations, and State and
local affiliates of national organizations,
to pay the cost of providing part-time employment to
older individuals described in subsection (a).
‘‘(2) At the election of the State or the organi-
zation, not more than 5 percent of the grant re-
ceived under subsection (a) may be used to make
agreements with businesses (giving special consider-
ation 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 individuals de-
scribed in subsection (a).
‘‘(c) REQUIREMENTS.—Subject to subsection (d), this
subsection shall apply to agreements made under sub-
section (b).
‘‘(1) Each such agreement shall be made after
consideration of the following, as demonstrated by
the entity that proposes to carry out a project to
125
provide employment to older individuals described in
subsection (a):
‘‘(A) The ability of such entity to provide
community service employment and to satisfy
the requirements of this title.
‘‘(B) The ability to meet applicable speci-
fications and performance standards referred to
in subsection (b).
‘‘(C) The ability to provide employment-re-
lated supportive services to assist older individ-
uals described in subsection (a) to participate in
employment provided by the project.
‘‘(D) The effective use of funds to be re-
ceived under such agreement, to pay adminis-
trative costs of the project and to pay wages
and benefits for such individuals who are par-
ticipating in employment provided by the
project.
‘‘(2) Each such agreement shall provide that no
payment shall be made by the State, or by the public
or nonprofit private national organization toward the
cost of the project unless the State or the organiza-
tion determines that the project, and the entity that
carries out the project, will satisfy all of the follow-
ing:
126
‘‘(A)(i) The entity that carries out the
project will use funds received under such
agreement that are attributable to a grant
made under subsection (a) or any other Federal
law, to pay not more than 85 percent of the
cost of the project.
‘‘(ii) The non-Federal share of such cost
will be contributed in cash or in kind. In deter-
mining the amount of the non-Federal share,
the Secretary may attribute fair market value
to services and facilities contributed from non-
Federal sources.
‘‘(B) The project will provide employment
only for older individuals described in sub-
section (a), except for necessary technical, ad-
ministrative, and supervisory personnel, but
such personnel shall, to the fullest extent pos-
sible, be recruited from among older individuals
described in subsection (a).
‘‘(C)(i) If such agreement is made with a
State, the project will provide employment for
such individuals in the community in which
such individuals reside, or in nearby commu-
nities.
127
‘‘(ii) If such agreement is made with a
tribal organization, the project will provide em-
ployment for such individuals who are Indians
residing on or near an Indian reservation.
‘‘(D) The project (except with respect to
an agreement described in subsection (b)(2))
will employ such individuals in services related
to publicly owned and operated facilities and
projects, or related to projects sponsored by or-
ganizations (other than political parties) de-
scribed in section 501(c)(3) of the Internal Rev-
enue Code of 1986 that are exempt from tax-
ation under section 501(a) of such Code.
‘‘(E) The project will contribute to the
general welfare of the community.
‘‘(F) The project will—
‘‘(i) result in an increase in employ-
ment opportunities over those opportuni-
ties that would otherwise be available,
‘‘(ii) not result in the displacement of
currently employed workers (including par-
tial displacement, such as a reduction in
the hours of nonovertime work or wages or
employment benefits), and
128
‘‘(iii) not impair existing contracts or
result in the substitution of Federal funds
for other funds in connection with work
that would otherwise be performed.
‘‘(G) The project will utilize methods of re-
cruitment and selection (including listing of job
vacancies with the employment agency operated
by any State or political subdivision thereof)
that will ensure that the maximum number of
older individuals described in subsection (a) will
have an opportunity to participate in the
project.
‘‘(H)(i) The project will include such train-
ing as may be necessary to make the most ef-
fective use of the skills and talents of such indi-
viduals who are participating and assist in their
transition into employment for which no finan-
cial assistance is provided under this title, and
may provide for the payment of the reasonable
expenses of such individuals being trained.
‘‘(ii) Unless the number of such individuals
in need of the training required by clause (i) is
sufficient to justify the establishment of a train-
ing program by the project, such training shall
be provided, to the maximum extent practicable,
129
by the project by placing such individuals in
training programs for which Federal or State
funds are provided under another law. Such in-
dividuals who participate in such training pro-
grams shall be deemed to have received the
training required by clause (i).
‘‘(I) The project will provide to older indi-
viduals described in subsection (a) who are em-
ployed in the project, wages at rates that are—
‘‘(i) the same rates (including periodic
increases) as employees who are similarly
situated in similar occupations by the same
employer and who have similar training,
experience, and skills, and
‘‘(ii) in accordance with applicable law
but are not less than the higher of the rate
specified in section 6(a)(1) of the Fair
Labor Standards Act of 1938 (29 U.S.C.
206(a)(1)) or rate required by the applica-
ble State or local minimum wage law.
‘‘(J) The project will be established or ad-
ministered with the advice of individuals com-
petent in the field of service in which employ-
ment is being provided, and of individuals who
130
are knowledgeable with regard to the needs of
older individuals.
‘‘(K) The project may authorize payment
for reasonable transportation costs of older in-
dividuals described in subsection (a) that may
be incurred in employment in the project.
‘‘(L) The project will prepare an assess-
ment of—
‘‘(i) the participating older individ-
uals’ skills and talents,
‘‘(ii) their need for supportive serv-
ices, and
‘‘(iii) their ability to perform commu-
nity service employment,
except to the extent the project has, for the
particular participant involved, an assessment
of such skills and talents, such need, or such
capabilities prepared recently pursuant to an-
other employment or training program.
‘‘(M) The project will, to the maximum ex-
tent feasible, serve the needs of minority, lim-
ited English-speaking ability, and Indian eligi-
ble individuals, and eligible individuals with
greatest economic need.
131
‘‘(N) The entity that carries out the
project will post in the project workplace a no-
tice, and will make available to each individual
associated with the project a written expla-
nation, clarifying the law with respect to allow-
able and unallowable political activities under
chapter 15 of title 5, United States Code, appli-
cable to the project and to each category of in-
dividuals associated with the project.
‘‘(O) In providing employment opportuni-
ties under the project, such entity will give pri-
ority to low-income individuals who are 60
years of age or older.
‘‘(P) Before the end of the fiscal year dur-
ing which the entity carries out the project,
such entity will demonstrate, to the State or na-
tional organization with which the entity made
such agreement, that such entity has met the
applicable performance standards in effect
under subsection (i).
‘‘(d) PREREQUISITE REQUIREMENTS.—(1) Before
making agreements under subsection (b) and after con-
sultation with the appropriate area agencies on aging, with
other organizations that received funds under this title in
the preceding fiscal year, and with State and local agen-
132
cies responsible for carrying out public employment and
training programs, a recipient of a grant made under sub-
section (a)(1) for a fiscal year shall—
‘‘(A) make a determination—
‘‘(i) identifying the localities in the State
in which projects described in subsection (b) are
most needed,
‘‘(ii) in making such determination, con-
sider the local employment situations and the
types of skills possessed by available local older
individuals described in subsection (a), and
‘‘(iii) identify potential projects and the
number and percentage of such individuals in
the local population.
‘‘(B) in consultation and coordination—
‘‘(i) with State and local agencies respon-
sible for carrying out employment and training
programs, and
‘‘(ii) for the purpose of providing increased
employment opportunities in underserved areas,
with all other recipients of grants under sub-
section (a)(1) who propose to carry out projects
under this title in the same State as such recip-
ient,
133
select the projects such recipient will carry out
through agreements made under subsection (b), and
‘‘(C) establish effective linkages with private en-
tities that promote employment and training oppor-
tunities for older individuals.
‘‘(2) To the maximum extent practicable, such recipi-
ent shall ensure that entities that carry out projects under
agreements made under subsection (b) provide employ-
ment under this title to older individuals who immediately
before the effective date of this title were employees under
an agreement made under section 502(b) of the Older
Americans Act of 1965.
‘‘(e) EQUITABLE USE OF FUNDS.—To the maximum
extent practicable, each recipient of a grant under sub-
section (a)(1) shall use funds available to carry out this
title to make agreements under subsection (b) in an equi-
table manner, taking into consideration—
‘‘(1) the number of eligible older individuals in
the various geographical areas,
‘‘(2) the relative distribution of such individuals
among urban and rural areas, and
‘‘(3) the consultation and coordination required
by subsection (d).
‘‘(f) PRIOR SUBMISSION
OF PROJECT DESCRIP-
TION.—Whenever an entity (other than an area agency on
134
aging for the planning and service area in which the
project will be conducted) conducts a project under an
agreement made under subsection (b) within a planning
and service area in a State, such entity shall conduct the
project in 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 (including the location) of the
project.
‘‘(g) ALTERNATIVE WORK MODES; TECHNICAL AS-
SISTANCE.—Recipients of grants under subsection (a)(1)
may develop alternatives for innovative work modes and
provide technical assistance in creating employment op-
portunities through work sharing and other experimental
methods to groups representing business and industry and
workers, as well as to individual employers, where appro-
priate.
‘‘(h) PERFORMANCE
STANDARDS.—(1) The Sec-
retary shall establish by rule, and amend from time to
time, objective performance standards that provide meas-
urements to quantify the extent to which projects carried
out under agreements made under subsection (b) meet
such standards and shall require at a minimum the recipi-
ents of grants under subsection (a)(1) to assess, and to
report timely before the end of each fiscal year to the Sec-
135
retary, the extent to which such standards (expressed in
objective, quantifiable, measurable form) are met by each
entity that carries out any of such projects and by such
recipients, to show progress of recipients in continuously
improving performance. Such standards shall include the
following:
‘‘(A) A standard requiring that not less than 20
percent of project participants should be placed an-
nually, and after placement should remain employed
for not less than 4 months, in employment for which
no financial assistance is provided under this title.
‘‘(B) A standard requiring a specific percentage
reduction in such participants’ dependency on public
assistance, particularly applicable with respect to in-
dividuals who have significant barriers to employ-
ment.
‘‘(C) A standard requiring that a specific per-
centage of participants receive employment and
training services through other Federal, State, and
local training programs.
‘‘(D) A standard requiring a specific percentage
increase in employment opportunities to be provided
in underserved areas.
136
‘‘(E) A standard applicable for determining
compliance with the consultation and coordination
requirements specified in subsection (d)(2).
‘‘(2) The Secretary shall establish uniform criteria
for determining the extent to which each such entity and
each such recipient meets such standards.
‘‘(3) For purposes of determining whether such re-
cipients fail, directly or through the operation of projects
carried out in a State under agreements made under sec-
tion 503(b), to meet such standards, the Secretary may
adjust the application of such standards with respect to
such projects if—
‘‘(A) the chief executive officer of such State
submits to the Secretary a request to so adjust such
standards, and
‘‘(B) the requested adjustment is based on—
‘‘(i) specific economic conditions through-
out such State or in geographical areas of such
State,
‘‘(ii) disadvantaging characteristics of the
older individuals who participate in such
projects, or
‘‘(iii) demonstrated extraordinary difficul-
ties in serving unemployed low-income older in-
dividuals who have poor employment prospects.
137
‘‘(i) TECHNICAL ASSISTANCE.—If a recipient of a
grant under section 501(a)(1) notifies the Secretary that
such recipient failed, or expects to fail, to meet any of
the applicable performance standards and requests the
Secretary to provide technical assistance to improve the
capacity of such recipient to meet such standards, then
the Secretary shall provide such assistance, including tech-
nical assistance in developing a performance improvement
plan.
‘‘(j) REPORT ON PERFORMANCE.—Each recipient of
a grant under section 501(a)(1) shall submit to the Sec-
retary an annual report describing for each State sepa-
rately in which such recipient carried out projects under
this title, directly or through agreements made under sec-
tion 503(b) by such recipient, in the fiscal year that is
the subject of such report—
‘‘(1)(A) how such recipient complied with the
requirements of this title, and
‘‘(B) the extent to which such recipient met the
performance standards applicable to such recipient,
and
‘‘(2) if for such fiscal year such recipient elects
under subsection (b) to make agreements described
in subsection (b), the projects carried out under
such agreements.
138
‘‘SEC. 504. PARTICIPANTS NOT FEDERAL EMPLOYEES.
‘‘(a) PROJECT PARTICIPANTS.—Older individuals de-
scribed in section 503(a) who participate in a project as-
sisted under this title 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 title unless—
‘‘(1) the contractor and the contractor’s em-
ployees (including older individuals participating
under the contract) are covered by a Federal or
State workers’ compensation law to the extent re-
quired by the applicable Federal or State law, or
‘‘(2) the contractor undertakes to provide either
through insurance by a recognized insurer or by self-
insurance as authorized by State law, that older in-
dividuals participating under the contract will enjoy
workers’ compensation coverage equal to that pro-
vided by the applicable Federal or State law for em-
ployment covered by such law.
‘‘SEC. 505. TREATMENT OF EMPLOYMENT ASSISTANCE FOR
PURPOSES OF FEDERAL HOUSING AND FOOD
STAMP PROGRAMS.
‘‘Funds received by eligible older individuals from
participation in projects carried out under this title shall
139
not be considered to be income of such individuals for pur-
poses of determining the eligibility of such individuals, or
of any other individuals, to participate in any housing pro-
gram for which Federal funds may be available or for any
income determination under the Food Stamp Act of 1977.
‘‘SEC. 506. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to carry out this title
$454,730,000 for fiscal year 1999 and such sums as may
be necessary for fiscal years 2000, 2001, 2002, and
2003.’’.
SEC. 4. CONFORMING AMENDMENTS TO OTHER LAWS.
(a) AGRICULTURAL ACT OF 1949.—Section 416(a) of
the Agricultural Act of 1949 (7 U.S.C. 1431) is amended
by striking ‘‘Older Americans Act of 1965’’ and inserting
‘‘Older Americans Act of 1998’’.
(b) AGRICULTURE AND FOOD ACT OF 1981.—Sec-
tion 1114(a) of the Agriculture and Food Act of 1981 (7
U.S.C. 1431e(a)) is amended—
(1) in paragraph (1) by striking ‘‘Older Ameri-
cans Act of 1965’’ each place it appears and insert-
ing ‘‘Older Americans Act of 1998’’, and
(2) in subparagraphs (C) and (D) of paragraph
(2) by striking ‘‘section 311(a)(4) of the Older
Americans Act of 1965 (42 U.S.C. 3030a(a)(4)’’
each place it appears and inserting ‘‘chapter 3 of
140
subtitle A of title III of the Older Americans Act of
1998’’.
(c) 
REHABILITATION
ACT
OF
1973.—Section
509(f)(5)(B) of the Rehabilitation Act of 1973 (29 U.S.C.
794e(f)(5)(B)) is amended by striking ‘‘Older Americans
Act of 1965’’ and inserting ‘‘Older Americans Act of
1998’’.
(d) JOB TRAINING PARTNERSHIP ACT.—The Job
Training Partnership Act (29 U.S.C. 1501 et seq.) is
amended—
(1) in section 204(d)—
(A) in paragraph (4) by striking ‘‘Older
Americans Act of 1965’’ and inserting ‘‘Older
Americans Act of 1998’’, and
(B) in paragraph (5)(B)(i) by striking
‘‘Older Americans Act of 1965’’ and inserting
‘‘Older Americans Act of 1998’’,
(2) by amending section 205(a)(8) to read as
follows:
‘‘(8) title V of the Older Americans Act of
1998;’’,
(3) in section 452(d)(1)(B)(iii) by striking
‘‘Older Americans Act of 1965’’ and inserting
‘‘Older Americans Act of 1998’’, and
141
(4) in section 455(b) by striking ‘‘Older Ameri-
cans Act of 1965’’ and inserting ‘‘Older Americans
Act of 1998’’.
(e) SOCIAL SECURITY ACT.—The Social Security Act
(42 U.S.C. 301 et seq.) is amended—
(1) in section 1819—
(A) in subsection (b)(4)(C)(ii)(IV) by strik-
ing ‘‘section 307(a)(12) of the Older Americans
Act of 1965’’ and inserting ‘‘section 304(a)(8)
of the Older Americans Act of 1998’’,
(B) in subsection (c)(2)(B)(iii)(II) by
striking ‘‘title III or VII of the Older Ameri-
cans Act of 1965 in accordance with section
712 of the Act’’ and inserting ‘‘section
304(a)(8) of the Older Americans Act of 1998’’,
and
(C) in subsection (g)(5)(B) by striking
‘‘title III or VII of the Older Americans Act of
1965 in accordance with section 712 of the
Act’’ and inserting ‘‘section 304(a)(8) of the
Older Americans Act of 1998’’, and
(2) in section 1919—
(A) in subsection (b)(4)(C)(ii)(IV) by strik-
ing ‘‘section 307(a)(12) of the Older Americans
142
Act of 1965’’ and inserting ‘‘section 304(a)(8)
of the Older Americans Act of 1998’’,
(B) in subsection (c)(2)(B)(iii)(II) by
striking ‘‘title III or VII of the Older Ameri-
cans Act of 1965 in accordance with section
712 of the Act’’ and inserting ‘‘section
304(a)(8) of the Older Americans Act of 1998’’,
and
(C) in subsection (g)(5)(B) by striking
‘‘title III or VII of the Older Americans Act of
1965 in accordance with section 712 of the
Act’’ and inserting ‘‘section 304(a)(8) of the
Older Americans Act of 1998’’.
(f) HOUSING AND COMMUNITY DEVELOPMENT ACT
OF 1974.—Section 209 of the Housing and Community
Development Act of 1974 (42 U.S.C. 1438) is amended
by striking ‘‘title III of the Older Americans Act of 1965’’
and inserting ‘‘chapter 1 of subtitle A of title III of the
Older Americans Act of 1998’’.
(g) TITLE 31 OF THE UNITED STATES CODE.—Sec-
tion 3803(c)(2)(C)(xi) of title 31 of the United States
Code is amended by striking ‘‘section 336 of the Older
Americans Act’’ and inserting ‘‘chapter 3 of subtitle A of
title III of the Older Americans Act of 1998’’.
143
(h) OMNIBUS BUDGET RECONCILIATION ACT
OF
1990.—Section 4360(d)(1)(C)(ii) of the Omnibus Budget
Reconciliation 
Act 
of 
1990 
(42 
U.S.C. 
1395b–
4(d)(1)(C)(ii)) is amended by inserting ‘‘of 1998’’ after
‘‘Older Americans Act’’.
(i) NATIONAL SCHOOL LUNCH ACT.—The National
School Lunch Act (42 U.S.C. 1751 et seq.) is amended—
(1) in section 12(i) by striking ‘‘Older Ameri-
cans Act of 1965’’ and inserting ‘‘Older Americans
Act of 1998’’,
(2) in section 14—
(A) in subsection (a)(1) by striking ‘‘Older
Americans Act of 1965’’ and inserting ‘‘Older
Americans Act of 1998’’, and
(B) in subsection (c) by striking ‘‘section
311(a)(4) of the Older Americans Act of 1965
(42 U.S.C. 3030(a)(4)) or for cash payments in
lieu of such donations under section 311(b)(1)
of such Act (42 U.S.C. 3030(b)(1))’’ and in-
serting ‘‘chapter 3 of subtitle A of title III of
the Older Americans Act of 1998’’, and
(3) in subsection (o)(3)(B) by striking ‘‘part C
of title III of the Older Americans Act of 1965’’ and
inserting ‘‘chapter 3 of subtitle A of title III of the
Older Americans Act of 1998’’.
144
(j) ENVIRONMENTAL PROGRAMS ASSISTANCE ACT OF
1984.—Section 2(a) of the Environmental Programs As-
sistance Act of 1984 (42 U.S.C. 4368a(a)) is amended by
striking ‘‘Americans Act of 1965’’ each place it appears
and inserting ‘‘Older Americans Act of 1998’’.
(k) NOISE CONTROL ACT OF 1972.—Section 14(g)
of the Noise Control Act of 1972 (42 U.S.C. 4913(g)) is
amended by inserting ‘‘of 1998’’ after ‘‘Older Americans
Act’’.
(l) DEVELOPMENTAL DISABILITIES ASSISTANCE AND
BILL OF RIGHTS ACT.—The Developmental Disabilities
Assistance and Bill of Rights Act (42 U.S.C. 6000 et seq.)
is amended—
(1) in section 124(b)(3) by inserting ‘‘of 1998’’
after ‘‘Older Americans Act’’, and
(2) in section 142(a)(2)(D)(ii) by striking
‘‘Older Americans Act of 1965’’ and inserting
‘‘Older Americans Act of 1998’’.
(m) ENERGY CONSERVATION IN EXISTING BUILD-
INGS ACT OF 1976.—Section 412(6) of the Energy Con-
servation in Existing Buildings Act of 1976 (42 U.S.C.
6862(6)) is amended by striking ‘‘paragraphs (4), (5), and
(6), respectively, of section 102 of the Older Americans
Act of 1965’’ and inserting ‘‘paragraphs (28), (29), and
(50), respectively, of the Older Americans Act of 1998’’.
145
(n) CONGREGATE
HOUSING
SERVICES
ACT
OF
1978.—Subsections (c) and (d) of section 405 of the Con-
gregate Housing Services Act of 1978 (42 U.S.C. 8004)
are amended by striking ‘‘Older Americans Act of 1965’’
each place it appears and inserting ‘‘Older Americans Act
of 1998’’.
(o) CRANSTON-GONZALEZ NATIONAL AFFORDABLE
HOUSING ACT.—The Cranston-Gonzalez National Afford-
able Housing Act (42 U.S.C. 12701 et seq.) is amended—
(1) in section 802(d)(2)(B)(i) by striking
‘‘Older Americans Act of 1965’’ and inserting
‘‘Older Americans Act of 1998’’, and
(2) in section 803(d)(12) by striking ‘‘Older
Americans Act of 1965’’ and inserting ‘‘Older Amer-
icans Act of 1998’’.
(p) COMMUNITY SERVICES BLOCK GRANT ACT.—
Section 675(c)(5) of the Community Services Block Grant
Act (42 U.S.C. 9904(c)(5)) is amended by striking ‘‘Older
Americans Act of 1965’’ and inserting ‘‘Older Americans
Act of 1998’’.
(q) ALZHEIMER’S DISEASE AND RELATED DEMEN-
TIAS RESEARCH ACT OF 1992.—The Alzheimer’s Disease
and Related Dementias Research Act of 1992 (42 U.S.C.
11201 et seq.) is amended—
146
(1) in subsection 934(b)(4) by striking ‘‘section
305(a) (1) and (2)(A) of the Older Americans Act
of 1965 (42 U.S.C. 3025(a)(1) and (2)(A))’’ and in-
serting ‘‘section 303(a)(2)(A) of the Older Ameri-
cans Act of 1998’’, and
(2) in section 962—
(A) in subsection (a)(1)(A)(iii) by striking
‘‘Older Americans Act of 1965’’ and inserting
‘‘Older Americans Act of 1998’’, and
(B) in subsection (d) by striking ‘‘section
305(a)(1) of the Older Americans Act of 1965’’
and inserting ‘‘section 303(a)(1) of the Older
Americans Act of 1998’’.
SEC. 5. FISCAL YEAR REFERENCES FOR FISCAL YEAR 1999.
Any reference in the Older Americans Act of 1998
to ‘‘the preceding fiscal year’’ that applies with respect
to funds appropriated to carry out, or to the operation
of a program, project, or activity to be carried out under,
such Act for fiscal year 1999 shall be deemed to be a ref-
erence to funds appropriated to carry out, or to the oper-
ation of the corresponding program, project, or activity
carried out under, the Older Americans Act of 1965 for
fiscal year 1998.
147
SEC. 6. ISSUANCE OF RULES.
Not later than 180 days after the date of the enact-
ment of this Act, the Secretary of Health and Human
Services shall issue, and publish in the Federal Register,
proposed rules for the administration of the Older Ameri-
cans Act of 1998. After allowing a reasonable period for
public comment on such proposed rules, and not later than
90 days after such publication, the Secretary shall issue
rules for the administration of such Act.
SEC. 7. EFFECTIVE DATES.
(a) GENERAL EFFECTIVE DATE.—Except as pro-
vided in subsection (b), this Act and the amendments
made by this Act shall take effect on the date of the enact-
ment of this Act.
(b) SPECIAL EFFECTIVE DATE.—The amendments
made by sections 3, 4, and 5 shall take effect on October
1, 1998.
Æ