[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4099 Introduced in House (IH)]







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 Representatives 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 organizations, 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 
                            program.
 ``Subtitle C--Prevention and Remediation of Elder Abuse, Neglect, and 
                              Exploitation

``Sec. 441. Requirements applicable to providing services to prevent 
                            and to remediate elder abuse, neglect, and 
                            exploitation.
``Sec. 442. Manner of providing of services.
      ``Subtitle D--Administrative Provisions; Authorizations of 
                             Appropriations

``Sec. 491. Technical assistance.
``Sec. 492. Audits.
``Sec. 493. Authorizations of appropriations.
      ``TITLE V--COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS

``Sec. 501. Short title.
``Sec. 502. Allotment and reservation of funds for community service 
                            employment.
``Sec. 503. Older American community service employment program.
``Sec. 504. Participants not Federal employees.
``Sec. 505. Treatment of employment assistance for purposes of Federal 
                            housing and food stamp programs.
``Sec. 506. Authorization of appropriations.

                     ``TITLE I--GENERAL PROVISIONS

            ``Subtitle A--Statement of Purpose; Definitions

``SEC. 101. PURPOSE.

    ``It is the purpose of this Act to encourage and assist State 
agencies, area agencies on aging, and tribal organizations to 
concentrate resources in order to develop greater capacity and foster 
the development and implementation of comprehensive and coordinated 
systems to serve older individuals by entering into cooperative 
arrangements in each State for the planning and provision of supportive 
services, nutrition services, multipurpose senior centers, community 
service employment, and volunteer services, in order to--
            ``(1) secure and maintain maximum independence and dignity 
        in a home environment for older individuals capable of self 
        care with appropriate supportive services,
            ``(2) remove individual and social barriers to economic and 
        personal independence for older individuals,
            ``(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 protected 
        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 alcohol abuse') the willful--
                    ``(A) infliction of injury, unreasonable 
                confinement, 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 necessary to 
                avoid physical harm, mental anguish, or mental illness.
            ``(2) Administration.--The term `Administration' means the 
        Administration on Aging.
            ``(3) Adult child with a disability.--The term `adult child 
        with a disability' means a child who--
                    ``(A) is 18 years of age or older,
                    ``(B) is financially dependent on an older 
                individual who is a parent of the child, and
                    ``(C) has a disability.
            ``(4) Alaska native.--The term `Alaska Native' means an 
        Alaska Native who is a member of an Alaska Native organization.
            ``(5) Alaska native organization.--The term `Alaska Native 
        organization' means an Alaska Native village, or an Alaskan 
        Native regional or village corporation, as defined in or 
        established pursuant to the Alaska Native Claims Settlement Act 
        (Public Law 92-203; 85 Stat. 688), that is recognized as 
        eligible for the special programs and services provided by the 
        United States to Alaska Natives because of their 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 `Assistant Secretary' 
        means the Assistant Secretary for Aging.
            ``(8) Assistive technology.--The term `assistive 
        technology' means technology, engineering methodologies, or 
        scientific principles appropriate to meet the needs of, and 
        address the barriers confronted by, older individuals with 
        functional limitations.
            ``(9) Board and care facility.--The term `board and care 
        facility' means an institution regulated 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 provides (on behalf of such 
        individual or of a public or private agency, organization, or 
        institution) uncompensated care to an older individual who 
        needs supportive services.
            ``(12) Case management service.--The term `case management 
        service'--
                    ``(A) means a service provided to an older 
                individual, at the direction of the older individual 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 subparagraph (B), and
                            ``(ii) to assess the needs, and to arrange, 
                        coordinate, and monitor an optimum package of 
                        services to meet the needs, of the older 
                        individual, and
                    ``(B) includes services and coordination such as--
                            ``(i) comprehensive assessment of the older 
                        individual (including the physical, 
                        psychological, and social needs of the 
                        individual),
                            ``(ii) development and implementation of a 
                        service plan with the older individual to 
                        mobilize the formal and informal resources and 
                        services identified in the assessment to meet 
                        the needs of the older individual, including 
                        coordination of the resources 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, including 
                        coordination and monitoring to ensure that 
                        services specified in the plan are being 
                        provided,
                            ``(iv) periodic reassessment and revision 
                        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 `community services' 
        means--
                    ``(A) social, health, welfare, and educational 
                services (particularly literacy tutoring),
                    ``(B) legal and other counseling services and 
                assistance, including tax counseling and assistance and 
                financial counseling,
                    ``(C) library, recreational, and other similar 
                services,
                    ``(D) conservation, maintenance, or restoration of 
                natural resources,
                    ``(E) community betterment or beautification,
                    ``(F) antipollution and environmental quality 
                efforts,
                    ``(G) weatherization activities,
                    ``(H) economic development, and
                    ``(I) such other services essential and necessary 
                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 utilization 
                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 private 
                entities that have unrealized potential for meeting the 
                service needs of older individuals to assist the older 
                individuals on a voluntary basis.
            ``(17) Disability.--The term `disability' means (except 
        when such term is used in the phrase `severe disability', 
        `developmental disabilities', `physical and mental 
        disabilities', or `physical disabilities') a disability 
        attributable to mental or physical impairment, 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 functioning, and (I) emotional 
        adjustment.
            ``(18) Elder abuse.--The term `elder abuse' means abuse of 
        an older individual.
            ``(19) Elder abuse, neglect, and exploitation.--The term 
        `elder abuse, neglect, and exploitation' 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 benefit, 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 respect 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 because 
                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 noneconomic factors that 
        include--
                    ``(A) physical and mental disabilities,
                    ``(B) language barriers, and
                    ``(C) cultural, social, or geographical isolation 
                caused by racial or ethnic status, that--
                            ``(i) restricts the ability of an 
                        individual to perform normal daily tasks, or
                            ``(ii) threatens the capacity of the 
                        individual 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 individuals to 
                remain at home and that is not available 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 Indians, or
                    ``(B) located on, or in proximity to, a Federal or 
                State reservation or rancheria,
        except that subparagraph (B) shall not apply for purposes of 
        title II.
            ``(28) Information and assistance service.--The term 
        `information and assistance service' means a service for older 
        individuals that--
                    ``(A) provides the individuals with current 
                information on opportunities and services available to 
                the individuals within their communities, including 
                information relating to assistive technology,
                    ``(B) assesses the problems and capacities of the 
                individuals,
                    ``(C) links the individuals to the opportunities 
                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 establishing adequate 
                followup procedures, and
                    ``(E) serves the entire community of older 
                individuals, particularly--
                            ``(i) older individuals with greatest 
                        social 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 assistance'--
                    ``(A) means legal advice and representation 
                provided by an attorney to older individuals with 
                economic or social needs, and
                    ``(B) includes--
                            ``(i) to the extent feasible, counseling or 
                        other appropriate assistance by a paralegal or 
                        law student under the direct supervision of an 
                        attorney, and
                            ``(ii) counseling or representation by a 
                        nonlawyer where permitted by law.
            ``(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 subparagraph (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 community facility for the organization 
        and provision of a broad spectrum of services, which shall 
        include provision of health (including mental health), social, 
        nutritional, and educational services and the provision of 
        facilities for recreational activities for older individuals.
            ``(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 ancestors were natives of the area 
        that consists of the Hawaiian 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 illness, 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 corporations 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 individual' 
        means--
                    ``(A) except for purposes of title V, an individual 
                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 designated by a State agency under 
        section 303(a)(1)(E), including a single planning and service 
        area described in section 303(b)(1)(E).
            ``(41) Poverty line.--The term `poverty line' means the 
        official poverty line (as defined by the Office 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 appointed by a governmental entity 
        to receive, on behalf of an older individual who is unable to 
        manage funds by reason of a physical or mental incapacity, any 
        funds owed to such individual by such entity.
            ``(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 attributable to mental or 
        physical impairment, or a combination of mental and physical 
        impairments, that--
                    ``(A) is likely to continue indefinitely, and
                    ``(B) results in substantial functional limitation 
                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 Virgin 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 agency' means the 
        agency designated under section 303(a)(1).
            ``(47) Supportive service.--The term `supportive service' 
        means a service described in section 321(a).
            ``(48) Tribal organization.--The term `tribal organization' 
        means--
                    ``(A) except for purposes of titles II and V--
                            ``(i) the recognized governing body of an 
                        Indian tribe, or
                            ``(ii) the legally established organization 
                        of Indians that is controlled, sanctioned, or 
                        chartered by the governing body of an Indian 
                        tribe,
                    ``(B) for purposes of title II--
                            ``(i) an entity described in clause (i) or 
                        (ii) of subparagraph (A), or
                            ``(ii) a legally established organization 
                        of Indians that is democratically elected by 
                        the adult members of the Indian community to be 
                        served by such organization and that includes 
                        the maximum participation of 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 Indian 
                tribes.
            ``(49) Unit of general purpose local government.--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 Secretary 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 Americans within 
        the Administration; and
            ``(2) shall designate an individual in the Administration 
        who has expertise with respect to programs and services 
        affecting Native Americans, who shall be responsible, under the 
        supervision of the Assistant Secretary, for the administration 
        of title II and for coordination of other programs, projects, 
        and activities carried out under this Act that affect Native 
        Americans.
    ``(d) Designation Relating to the Administration of State Long-Term 
Care Ombudsman Programs.--The Assistant Secretary--
            ``(1) may establish an office of long-term care ombudsman 
        programs, and
            ``(2) shall designate an individual in the Administration 
        who shall be responsible, under the supervision of the 
        Assistant Secretary, for the Federal administrative activities 
        relating to State long-term care ombudsman programs.
    ``(e) Designation Relating to the Administration 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 substantially 
        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 Department of Health 
        and Human Services and with other departments, agencies, and 
        instrumentalities of the Federal Government by maintaining 
        active review of and commenting on responsibilities of all 
        Federal policies affecting older individuals.
            ``(2) Information.--To collect and disseminate information 
        related to problems of older individuals and aging.
            ``(3) Assistance to secretary.--To directly assist the 
        Secretary in all matters pertaining to 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 programs for older 
        individuals and aging.
            ``(6) Educational materials.--To prepare, publish, and 
        disseminate educational materials dealing 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 instrumentalities 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 (including Federal, State, 
        and local agencies) and private organizations of programs for 
        older individuals to facilitate the establishment of a 
        nationwide network of comprehensive, coordinated services and 
        opportunities for older individuals.
            ``(9) Statistical data.--To collect for each fiscal year, 
        for fiscal years beginning after September 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 procedures.--To design and 
        implement, for purposes of compliance with paragraph (9), 
        uniform data collection procedures for use by State agencies, 
        including--
                    ``(A) uniform definitions and nomenclature,
                    ``(B) standardized data collection procedures,
                    ``(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 resources.--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 caregivers.

``SEC. 113. FEDERAL AGENCY CONSULTATION.

    ``The Assistant Secretary, in carrying out the purpose and 
provisions of this Act, shall coordinate, advise, consult with, and 
cooperate with the head of each department, agency, or instrumentality 
of the Federal Government proposing or administering programs or 
services substantially related to the purpose of this Act, with respect 
to such programs or services. The head of each department, agency, or 
instrumentality of the Federal Government proposing to establish or 
modify any program or service substantially related to the purpose of 
this Act shall consult with and coordinate with the Assistant 
Secretary.

``SEC. 114. POWERS OF THE ASSISTANT SECRETARY.

    ``(a) Powers.--In carrying out this Act, the Assistant Secretary 
may--
            ``(1) provide consultative services and technical 
        assistance to public or nonprofit private agencies and 
        organizations,
            ``(2) provide short-term training and technical 
        instruction,
            ``(3) conduct research and demonstrations, and
            ``(4) collect, prepare, publish, and disseminate special 
        educational or informational materials, including 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 Secretary may make grants to public or 
nonprofit private agencies, organizations, and institutions, and to 
tribal organizations, and may enter into contracts with agencies, 
organizations, institutions, and individuals for activities--
            ``(1) to expand the Nation's knowledge and understanding of 
        older individuals and the aging process,
            ``(2) to design, to test, and to promote utilization of 
        innovative ideas and best practices in programs and services 
        for older individuals,
            ``(3) to help meet the needs for trained personnel in the 
        field of aging, and
            ``(4) to increase the awareness of citizens of all ages of 
        the need to assume personal responsibility for their own aging 
        through--
                    ``(A) education and training to develop an 
                adequately trained workforce to work with and on behalf 
                of older individuals,
                    ``(B) research and policy analysis to improve 
                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, 
                development, implementation, evaluation, and 
                improvement of programs, projects, and activities under 
                this Act, and
                    ``(F) dissemination of information on issues 
                related to aging, their impact on individuals and 
                society, and relating to services and 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 Secretary shall--
            ``(1) to the maximum extent practicable, arrange 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 activities 
        provided under this Act to older individuals during the fiscal 
        year for which such report is submitted,
            ``(2) statistical data collected under section 112(9), and
            ``(3) statistical data, and an analysis of information, 
        regarding the effectiveness of the State agency and area 
        agencies on aging in targeting services to older individuals 
        with greatest economic need and older individuals with greatest 
        social need.

``SEC. 117. REDUCTION OF PAPERWORK.

    ``In order to reduce unnecessary, duplicative, or disruptive 
demands for information, the Assistant Secretary, in consultation with 
State agencies and other appropriate agencies and organizations, shall 
continually review and evaluate all requests by the Administration for 
information under this Act and shall take such action as may be 
necessary to reduce the paperwork required under this Act. The 
Assistant Secretary shall request only such information as the 
Assistant Secretary deems essential to carry out the purpose and 
provisions of this Act and, in gathering 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 nonprofit 
organization or institution, that receives funds appropriated 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 salaries) 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 section 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 nutrition services for older individuals who 
are Native Americans.
    ``(b) Eligibility of Organizations.--An organization 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 individuals, and
                    ``(B) demonstrates the ability to deliver 
                supportive services and nutritional services,
            ``(2) an Alaska Native organization that--
                    ``(A) represents at least 50 older individuals, 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 criteria as the Assistant Secretary may 
establish by rule. Each such application shall--
            ``(1) provide that such organization shall evaluate the 
        need for supportive and nutrition services among older 
        individuals who are--
                    ``(A) Indians represented by such organization if 
                such organization is a tribal organization,
                    ``(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 administration 
        as are necessary for the proper and efficient administration of 
        the project to be carried out with such grant,
            ``(3) provide an assurance that such organization will make 
        such reports in such form and containing such information, as 
        the Assistant Secretary may reasonably require, and comply with 
        such requirements as the Assistant Secretary may impose to 
        ensure the correctness of such reports,
            ``(4) provide for periodic evaluation of the project to be 
        carried out with such grant,
            ``(5) establish objectives toward which such project will 
        be directed, identify obstacles to the attainment 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 individuals who 
        are Native Americans for full- or part-time staff positions 
        will be given whenever feasible,
            ``(8) provide an assurance that, either directly or by way 
        of grant or contract with appropriate entities, nutrition 
        services will be delivered to older individuals who are--
                    ``(A) Indians represented by such organization if 
                such organization is a tribal organization,
                    ``(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 subtitle 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 otherwise required to be expended under this 
        paragraph,
            ``(9) provide that any legal services or ombudsman services 
        made available to older individuals who are--
                    ``(A) Indians represented by such organization if 
                such organization is a tribal organization,
                    ``(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 disbursement of, and accounting for, 
        Federal funds paid under this title to such organization, 
        including any funds paid by such organization to a recipient of 
        a grant or 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 voluntary 
        contributions from older individuals, provide that such 
        organization will ensure that such contributions will be--
                    ``(A) based on the ability of the older individuals 
                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 statistics, with a certification from the 
Bureau of Indian Affairs, in order to establish eligibility to receive 
a grant under this title.
    ``(c) Approval of Application.--The Assistant Secretary shall 
approve any application that complies with subsection (a).
    ``(d) Application Not Approved.--Whenever the Assistant Secretary 
determines not to approve an application submitted under subsection (a) 
the Assistant Secretary shall--
            ``(1) state objections in writing to the organization 
        within 60 days after such determination,
            ``(2) provide, to the extent practicable, technical 
        assistance to the organization to overcome such stated 
        objections, and
            ``(3) provide the organization with a hearing, under such 
        rules as the Assistant Secretary may issue.
    ``(e) Period Funded.--Whenever the Assistant Secretary approves an 
application of an organization under subsection (a), a grant shall be 
made for a period of not less than 12 months.

``SEC. 203. DISTRIBUTION OF FUNDS AMONG TRIBAL ORGANIZATIONS, ALASKA 
              NATIVE ORGANIZATIONS, AND ORGANIZATIONS SERVING NATIVE 
              HAWAIIANS.

    ``(a) Maintenance of 1991 Amounts.--Subject to the availability of 
appropriations to carry out this title, the amount of the grant (if 
any) made under this title to a tribal organization, an Alaska Native 
organization, or an organization serving Native Hawaiians for fiscal 
year 1999 and for each subsequent fiscal year shall be not less than 
the amount of the grant made under title VI of the Older Americans Act 
of 1965 to the tribal organization, the Alaska Native organization, or 
the organization serving Native Hawaiians for fiscal year 1991.
    ``(b) Use of Additional Amounts Appropriated.--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 subsequent fiscal year shall be--
            ``(1) increased by such amount as the Assistant Secretary 
        considers to be appropriate, in addition to the amount of any 
        increase required by subsection (a), so that the grant equals 
        or more closely approaches the amount of the grant made under 
        title VI of the Older Americans Act of 1965 to the tribal 
        organization or the Alaska Native organization for fiscal year 
        1980, or to the organization serving Native Hawaiians for 
        fiscal year 1995, or
            ``(2) an amount the Assistant Secretary considers to be 
        sufficient if the tribal organization, the Alaska Native 
        organization, or the organization serving Native Hawaiians did 
        not receive a grant under title VI of the Older Americans Act 
        of 1965 for either fiscal year 1980 or fiscal year 1991.

``SEC. 204. SURPLUS EDUCATIONAL FACILITIES.

    ``(a) Requirement.--Notwithstanding any other provision of law, the 
Secretary of the Interior--
            ``(1) acting through the Bureau of Indian Affairs, shall 
        make available surplus Indian educational facilities and 
        surplus Alaska Native educational facilities to tribal 
        organizations and Alaska Native organizations, and to nonprofit 
        organizations with the approval of the Indian tribe or Alaska 
        Native organization involved, and
            ``(2) shall make available to organizations described in 
        section 201(b)(3) any other surplus educational facilities 
        located in the State of Hawaii that are under the control of 
        the Secretary of the Interior,
for use as multipurpose senior centers. Such centers may be altered so 
as to provide extended care facilities, community 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 submit an application to the Secretary of the Interior 
at such time and in such manner, and containing such information, as 
the Secretary of the Interior determines to be necessary to carry out 
this section.

``SEC. 205. ADMINISTRATION.

    ``For the purpose of issuing rules to carry out this title, the 
Assistant Secretary shall consult with the Secretary of the Interior.

``SEC. 206. PAYMENTS.

    ``Payments may be made under this title (after necessary 
adjustments on account of previously made overpayments or 
underpayments) in advance or by way of reimbursement 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 Services, Multipurpose 
Senior Centers, and Nutrition Services.--
            ``(1) Reservation of funds.--(A) Subject to subparagraphs 
        (B) and (C), the amounts appropriated under subsections (a) and 
        (b) of section 381 for fiscal years 1999 through 2003 shall be 
        allotted by the Assistant Secretary among the States 
        proportionately 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 received to carry out title 
                III of the Older Americans 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 percent of the 
                amount appropriated for the fiscal year for which the 
                determination is made.
                    ``(III) American Samoa and the Commonwealth 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 Islands.
            ``(D) The number of individuals 60 years of age or older in 
        any State and in all States shall be determined by the 
        Assistant Secretary on the basis of the most recent data 
        available from the Bureau of the Census and other reliable 
        demographic data satisfactory to the Assistant Secretary.
            ``(2) Withholding of funds.--(A) If the Assistant Secretary 
        finds that a State fails to qualify under the State plan 
        requirements of section 304, the Assistant Secretary shall 
        withhold from the State funds allotted under paragraph (1) for 
        the fiscal year for which such plan is submitted.
            ``(B) The Assistant Secretary shall disburse the funds so 
        withheld directly to any public or nonprofit private 
        institution or organization, agency, or political 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 Secretary 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 Virgin Islands of the United 
        States, and the Commonwealth 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 authorized by 
                chapters 2 and 3 unless additional funds are made 
                available by the Assistant Secretary,
                    ``(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 accordance 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 application 
        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 Assistant 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 subparagraph (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 employment 
        of any regular employee not supported under this Act in 
        anticipation of filling the vacancy so created 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 paragraph (1), such part as the State agency 
        determines, but not more than 10 percent of such remaining 
        amount, may be used to pay such percentage as the State agency 
        determines, but not more than 75 percent, 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 accordance 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 effect.

``SEC. 303. ELIGIBILITY OF STATES; ORGANIZATION.

    ``(a) Eligibility of States.--For a State to be eligible 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, priority 
                setting, and evaluation of all State activities related 
                to carrying out chapters 2 and 3,
                    ``(D) serve as an effective and visible advocate 
                for older individuals by reviewing and commenting on 
                all State plans, budgets, and policies that affect 
                older individuals, and to provide technical assistance 
                to any agency, organization, or association 
                representing the needs of older individuals, and
                    ``(E) except as provided in subsection (d), divide 
                the State into distinct planning and service areas or 
                designate the entire State as a single planning and 
                service area,
            ``(2) the State agency shall--
                    ``(A) designate an area agency on aging for each 
                planning and service area,
                    ``(B) take into account in the development and 
                administration of the State plan for any fiscal year--
                            ``(i) the views of recipients of supportive 
                        services, nutrition services, or community 
                        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 account--
                            ``(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 individuals 
                        with greatest social need, and
                    ``(D) provide an assurance that preference will be 
                given to providing services to older individuals with 
                greatest economic need and older individuals with 
                greatest social need, with particular attention to low-
                income minority individuals, 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 function only for the 
        purpose of serving as an area agency on aging by the chief 
        elected official of such unit,
            ``(C) any office or agency designated by the appropriate 
        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 organizational unit within 
        such agency, that is under the supervision or direction for 
        this purpose of the designated 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 service area.
    ``(2) In designating an area agency on aging within the planning 
and service area or within any unit of general purpose local government 
designated as a planning and service area, the State shall give 
preference to an established office on aging, unless the State agency 
finds that no such office within the planning and service area will 
have the capacity to carry out the area plan.
    ``(c) Due Process.--A State agency shall establish, after 
consultation with area agencies on aging, procedures to provide due 
process to affected parties, if the State agency initiates an action or 
proceeding to change the designation of any designated planning and 
service area or of any 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 service 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 administered by public or 
nonprofit private agencies or organizations as area agencies on aging. 
The State agency shall continue to perform the functions of an area 
agency on aging for any area of the State not included in a planning 
and service area for which an area agency on aging has been designated.

``SEC. 304. STATE PLANS.

    ``(a) Plan.--To be eligible for grants from its allotment 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 designated 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-delivered nutrition services and for congregate 
        nutrition services), multipurpose senior centers, and community 
        service employment within the State in serving 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 determine the extent to which existing public or private 
        programs meet such need. To conduct the evaluation, the State 
        agency shall use the procedures implemented under section 
        112(10).
            ``(4) Hearings.--The plan shall provide that the State 
        agency 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 provide 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 designation 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 
                representative of the State agency or an area agency 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 purpose 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 services.--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 assistance 
        services under section 305(a)(3) will have reasonably 
        convenient access to such services.
            ``(7) Limitations.--(A) The plan shall provide that no 
        supportive services, nutrition services, or in-home services 
        will be directly provided by the State agency or an area agency 
        on aging, except when, in the judgment of the State agency--
                    ``(i) provision of such services by the State 
                agency or an area agency on aging is necessary to 
                ensure an adequate supply of such services,
                    ``(ii) such services are directly related to the 
                administrative functions of the State agency or area 
                agency on aging, or
                    ``(iii) such services of comparable quality can be 
                provided more economically by the State agency or area 
                agency on aging.
            ``(B)(i) Subparagraph (A) shall apply to case management 
        services only if such services are provided through an agency 
        (other than the State agency) designated to provide case 
        management services under another law.
            ``(ii) Subparagraph (A) shall not apply with respect 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 assurances 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 experience 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 
        prevention and remediation of elder abuse, neglect, and 
        exploitation, contain assurances that such services will be 
        provided in accordance with subtitles C and D of title IV.
            ``(11) Outreach.--The plan shall provide assurances that 
        the State agency will require outreach efforts that will--
                    ``(A) identify individuals eligible for assistance 
                under chapters 2 and 3, with special emphasis 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 
                        disabilities,
                            ``(vi) older individuals with limited 
                        English-speaking ability, and
                            ``(vii) older individuals with Alzheimer'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 disabilities.--The plan shall 
        provide, with respect to the needs of older individuals with 
        disabilities, assurances that the State agency will coordinate 
        planning, identification, assessment of needs, and services for 
        older individuals with disabilities (with particular attention 
        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 provide assurances that area agencies 
        on aging will conduct efforts to facilitate the coordination of 
        community-based long-term care services, pursuant to section 
        305(a)(6)(G), for older individuals who--
                    ``(A) reside at home and are at risk of 
                institutionalization 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 facilities, 
                but who can return to their homes if community-based 
                services are provided to them.
            ``(14) Prohibition on misuse of funds.--The plan shall 
        provide assurances that funds received from allotments under 
        section 302(a) will not be used to pay any part of a cost 
        (including an administrative cost) incurred by the State or an 
        area agency on aging to carry out a contract or commercial 
        relationship that is not related to implementation 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 activities, such 
                as opportunities for older individuals to serve as 
                mentors or advisers in programs that provide child 
                care, youth day care, educational assistance, at-risk 
                youth intervention, juvenile delinquency treatment, and 
                family support.
            ``(16) Quality assurance.--The plan shall 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 consultation with 
        area agencies on aging and after providing an opportunity for 
        older individuals to submit comments, elects to require cost 
        sharing by recipients of services under the State plan (or to 
        require or permit area agencies on aging to require cost 
        sharing by recipients of services under area plans), the plan 
        shall--
                    ``(A) provide that no cost sharing shall be 
                required for--
                            ``(i) information and assistance services, 
                        outreach, benefits counseling, or case 
                        management services, or
                            ``(ii) ombudsman or other protective 
                        services, or
                    ``(B)(i) exempt from cost-sharing requirements 
                individuals with incomes below a low-income 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 
                individuals will be determined by self-declaration, and
                    ``(C) provide that individuals will not be denied a 
                service under the plan because of the inability of such 
individual to pay a share of the cost of such service.
            ``(18) Solicitation of voluntary contributions.--The plan 
        shall provide that the State will permit area agencies on aging 
        to permit service providers to solicit for services provided 
        under the plan voluntary contributions that--
                    ``(A) are based on the ability of older individuals 
                to make such contributions, and
                    ``(B) will be used to increase, or expand access 
                to, services provided under the plan.
            ``(19) Use of vouchers to obtain services.--(A) Subject to 
        subparagraph (B), the plan shall identify each specific 
        supportive service and each nutrition service, if any, the 
        State agency elects to permit area agencies on aging to provide 
        by issuing vouchers (redeemable by the State agency or area 
        agency on aging) to older individuals to permit such 
        individuals to obtain such service.
            ``(B) A State agency may make an election under 
        subparagraph (A) with respect to a nutrition service only if 
        the plan includes an assurance that--
                    ``(i) such service provided in exchange for 
                vouchers will provide meals that satisfy the 
                requirements specified in section 332(2)(A), and
                    ``(ii) an area agency on aging will be permitted 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, 
        information 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 Assistant Secretary shall 
not make a final determination disapproving 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 determination, a 
State dissatisfied with such final determination may appeal such final 
determination to the Secretary for review. If the State timely appeals 
such final determination in accordance with subsection (e)(1), the 
Secretary shall dismiss the appeal filed under this paragraph.
    ``(3)(A) If the State is dissatisfied with the decision of the 
Secretary after review under paragraph (2), the State may appeal such 
decision not later than 30 days after such decision and in the manner 
described in subsection (e).
    ``(B) For purposes of appellate review under subparagraph (A), a 
reference in subsection (e) to the Assistant Secretary shall be deemed 
to be a reference to the Secretary.
    ``(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 Secretary'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 
comply. Until the Assistant Secretary is so satisfied, no further 
payments shall be made to the State from its allotments under section 
302(a) (or payments shall be limited to projects under or portions of 
the State plan not affected by such failure).
    ``(2)(A) The Assistant Secretary shall, in accordance with rules 
the Secretary shall issue, disburse the funds so withheld directly to 
any public or nonprofit private organization or agency or political 
subdivision of the State submitting an approved plan in accordance with 
the provisions 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 Secretary, or 
any officer designated by the Assistant Secretary for such purpose. The 
Assistant Secretary thereupon shall file in the court the record of the 
proceedings on which the Assistant Secretary's action is based, as 
provided in section 2112 of title 28, United States Code.
    ``(2) Upon the filing of such petition, the court shall have 
jurisdiction to affirm the action of the Assistant Secretary or to set 
it aside, in whole or in part, temporarily or permanently, but until 
the filing of the record, the Assistant 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 proceedings. Such new or modified findings of fact shall 
likewise be conclusive if supported by substantial evidence. The 
judgment of the court affirming or setting aside, in whole or in part, 
any action of the Assistant Secretary shall be final, subject to review 
by the Supreme Court of the United States upon certiorari or 
certification as provided in section 1254 of title 28, United States 
Code.
    ``(3) The commencement of proceedings under this subsection shall 
not, unless so specifically ordered by the court, operate as a stay of 
the Assistant Secretary's action.
    ``(f) Preservation of Attorney-Client Privilege.--Neither a State, 
nor a State agency, may require any provider of legal assistance under 
this chapter to reveal any information that is protected by the 
attorney-client privilege.
    ``(g) Limitation on Expenditures.--Not more than 15 percent of the 
allotment made under section 302(a) for a fiscal year and remaining 
after the application 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 prevention 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 following 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 nutrition 
                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 congregate nutrition services), and 
                multipurpose senior centers in such area (taking into 
                consideration, among other things, the number of older 
                individuals with low incomes residing in such area 
                (with particular attention to low-income minority 
                individuals), the number of older individuals who have 
                greatest economic need residing in such area, the 
                number of older individuals who have greatest social 
                need residing in such area, the number of older 
                individuals residing on reservations in such area, and 
                the number of older individuals who are Indians 
                residing in such area, and the efforts of voluntary 
                organizations in the community),
                    ``(C) evaluating the effectiveness of the use of 
                resources in meeting such need, and
                    ``(D) entering into agreements with providers 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 
        participation in carrying out the plan.
            ``(3) Information and assistance services.--The plan shall 
        provide for the establishment and maintenance of information 
        and assistance services to ensure that older individuals within 
        the planning and service area covered by the plan will have 
        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 neurological and organic brain 
        dysfunction (and the caregivers 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 providing services to older individuals 
        with greatest economic need and older individuals with greatest 
        social need (with particular attention to low-income minority 
        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 assistance 
                under chapters 2 and 3, with special emphasis 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 Alzheimer's 
                        disease or related disorders with neurological 
                        and organic brain dysfunction (and the 
                        caretakers of such individuals), and
                            ``(VII) low-income minority individuals, 
                        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 information; advocacy; 
        advisory council.--The plan shall provide that the area agency 
        on aging will--
                    ``(A) furnish appropriate technical assistance, and 
                information in a timely manner, to providers of 
                supportive services, nutrition services, or 
                multipurpose senior centers in the planning and service 
                area covered by the area plan,
                    ``(B) take into account in connection with matters 
                of general policy arising in the development and 
                administration of the area plan, the views of 
                recipients of services under such plan,
                    ``(C) serve as the advocate and focal point for 
                older individuals within the community by (in 
                cooperation with agencies, organizations, and 
                individuals participating in activities under the plan) 
                monitoring, evaluating, and commenting on all policies, 
                programs, hearings, levies, and community actions that 
                will affect older individuals,
                    ``(D) establish an advisory council consisting of 
                older individuals who are participants or who are 
                eligible to participate in programs assisted 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 
                administration of the plan and operations conducted 
                under the plan,
                    ``(E) facilitate the coordination of community-
                based, long-term care services designed to retain 
                individuals in their homes, thereby deferring 
                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 community-based long-
                term care services and work to ensure community 
                awareness of and involvement in addressing the needs of 
                residents of long-term care facilities,
                    ``(G) coordinate services and activities carried 
                out under the area plan with--
                            ``(i) activities of community-based 
                        organizations 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 provided 
                        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 programs 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 individuals.--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 consistent with the 
                provisions of this subtitle,
                    ``(B) contain an assurance that the area agency on 
                aging will provide public education and outreach to 
                identify and prevent abuse, neglect, and exploitation 
                of older individuals,
                    ``(C) contain an assurance that the area agency on 
                aging--
                            ``(i) will establish procedures for receipt 
                        of reports of abuse, neglect, and exploitation 
                        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 action consistent with State 
                        law, and
                    ``(D) specify such other activities that the area 
                agency determines to be beneficial in the prevention of 
                abuse, neglect, or exploitation of older individuals 
                and intends to carry out under such program.
            ``(8) Description of activities.--The plan shall--
                    ``(A) describe all activities of the area agency on 
                aging for which financial assistance is provided to 
                carry out chapters 2 and 3, and
                    ``(B) contain an assurance that such activities 
                conform with--
                            ``(i) the responsibilities of the area 
                        agency on aging, as set forth in this 
                        subsection, 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 expenditures of funds.--The 
        plan shall contain an assurance that the area agency on aging 
        will, on the request 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 received from allotments under 
        section 302(a) will not be used to pay any part of a cost 
        (including an administrative cost) incurred by the area agency 
        on aging to carry out a contract or commercial relationship 
        that is not carried out to implement chapters 2 and 3.
            ``(11) Prohibition of preference.--The plan shall contain 
        assurances that preference in receiving services under chapters 
        2 and 3 will not be given by the area agency on aging to 
        particular older 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 services 
                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 preference, and
                    ``(E) be provided by--
                            ``(i) a public agency, or
                            ``(ii) a nonprofit private agency that--
                                    ``(I) does not provide, and does 
                                not have a direct or indirect ownership 
                                or controlling interest in, or a direct 
                                or indirect affiliation or relationship 
                                with, an entity that provides, services 
                                (other than case management services, 
                                outreach, and information and referral) 
                                under this title,
                                    ``(II) is located in a rural area 
                                and obtains a waiver of the requirement 
                                described in subclause (I), or
                                    ``(III) is a community-based 
                                organization that is described in 
                                section 501(c)(3) of the Internal 
                                Revenue Code of 1986, that is exempt 
                                from taxation under section 501(a) of 
                                such Code, and that is located in a 
                                planning and service area in which an 
                                area agency on aging made a contract 
                                with 1 or more nonprofit private 
                                agencies to provide case management 
                                services in fiscal year 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 disabilities.--The plan shall 
        provide, with respect to the needs of older individuals with 
        disabilities, assurances that the area agency will coordinate 
        planning, identification, assessment of needs, and services for 
        older individuals with disabilities (with particular attention 
        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 geographical 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 directory, 
                and
                    ``(C) to the extent possible, in the classified 
                section of the directory, under a subject heading 
                designated by the Assistant Secretary by regulation.
    ``(b) Preservation of Attorney-Client Privilege.--An area agency on 
aging may not require any provider of legal assistance under this 
chapter to reveal any information that is protected by the attorney-
client privilege.
    ``(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 allotment 
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, during the 180-day period described in 
subparagraph (A), the State agency may extend the period for not more 
than 90 days.

``SEC. 306. PLANNING, COORDINATION, EVALUATION, AND ADMINISTRATION OF 
              STATE PLANS.

    ``(a) Grants for State Activities.--(1) Amounts available to States 
under section 302(c)(1) may be used to make grants to States to pay 
such percentage as each State agency determines, but not more than 75 
percent, of the cost of the administration of its State plan, 
including--
            ``(A) the preparation of the State plan,
            ``(B) the evaluation of activities carried out under such 
        plan,
            ``(C) the collection of data and the carrying out of 
        analyses related to the need for supportive services, nutrition 
        services (taking into consideration the comparative need for 
        home-delivered nutrition services and for congregate nutrition 
        services), multipurpose senior centers, and community service 
        employment within the State, and dissemination of information 
        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 initiation, 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 purpose 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 section 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 received 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 received by the 
State and attributable to funds appropriated under subsections (a) and 
(b) of section 381, (including funds transferred under subparagraph (A) 
without regard to this subparagraph) for any fiscal year are 
insufficient to satisfy the need for services under chapter 2 or 3, 
then the Assistant Secretary may grant a waiver that permits the State 
to transfer under subparagraph (A) to satisfy such need an additional 
25 percent of the funds so received for such fiscal year.
    ``(C) At a minimum, the application described in subparagraph (B) 
shall include a description of the amount to be transferred, the 
purposes of the transfer, the need for the transfer, and the impact of 
the transfer on the provision of services from which the funding will 
be transferred. The Assistant Secretary shall approve or deny the 
application in writing.
    ``(2) After consultation with service providers, a State agency may 
delegate to an area agency on aging or any other entity the authority 
to make a transfer under paragraph (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), including--
            ``(A) the amount of funds involved in the transfers, 
        analyzed by State,
            ``(B) in the case of transfers described in paragraph (1), 
        the effect of the transfers on the provision 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 adjustments 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 services that are necessary for the general 
welfare of older individuals:
            ``(1) Health (including mental health), education and 
        training, welfare, informational, recreational, homemaker, 
        counseling, or referral services.
            ``(2) Services designed to encourage and assist older 
        individuals to use the facilities and services (including 
        information and assistance services) available to them, 
        including language translation services to assist older 
        individuals with limited-English speaking ability to obtain 
        services under this chapter.
            ``(3) Services designed--
                    ``(A) to assist older individuals to obtain 
                adequate housing, including residential repair and 
                renovation projects designed to enable older 
                individuals to maintain their homes in conformity with 
                minimum housing standards,
                    ``(B) to adapt homes to meet the needs of older 
                individuals with disabilities,
                    ``(C) to prevent unlawful entry into residences of 
                older individuals, through the installation of security 
                devices and through structural modifications or 
                alterations of such residences, or
                    ``(D) to receive applications from older 
                individuals for housing under section 202 of the 
                Housing Act of 1959 (12 U.S.C. 1701Q) or under any 
                federally assisted housing program designed to assist 
                older individuals.
            ``(4) Services designed to assist older individuals to 
        avoid institutionalization, and services designed to assist 
        individuals in long-term care institutions who are able to 
        return to their communities, including--
                    ``(A) client assessment services, and development 
                and coordination of community-based services,
                    ``(B) in-home services for frail older individuals, 
                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 special 
                needs of caregivers, including caregivers who provide 
                in-home services to frail older individuals, and
                    ``(D) in-home and other community-based services to 
                assist older individuals to live independently in a 
                home environment, including home health, homemaker, 
                shopping, escort, reader, and letter-writing services.
            ``(5) Services designed to provide to older individuals 
        information and counseling relating to making 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 individuals 
        legal assistance and other counseling services and assistance, 
        including--
                    ``(A) tax counseling and assistance, financial 
                counseling, and counseling regarding appropriate 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 children with 
                disabilities, of counseling to assist such older 
                individuals with permanency planning for such children.
            ``(7) Services designed to enable older individuals to 
        attain and maintain physical and mental well-being through 
        programs of regular physical activity.
            ``(8) Activities designed to promote disease prevention and 
        health promotion.
            ``(9) Services designed to provide, for older individuals, 
        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, investigate, 
        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, neglect, or 
        exploitation of older individuals.
            ``(14) Crime prevention services and victim assistance 
        programs for older individuals.
            ``(15) Health and nutrition education services, including 
        information concerning prevention, diagnosis, treatment, and 
        rehabilitation of age-related diseases and chronic disabling 
        conditions.
            ``(16) Services designed to enable mentally impaired older 
        individuals to attain and maintain emotional 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 individuals, including 
        information on the powers and duties of guardians and 
        representative payees and on alternatives to guardianships.
            ``(18) Services to encourage and facilitate regular 
        interaction between school-age children and older individuals, 
        including visits in long-term care facilities, multipurpose 
        senior centers, and other settings.
            ``(19) Services to assist in the operation of multipurpose 
        senior centers.
            ``(20) Services that provide reasonable opportunities for 
        older individuals to participate on a voluntary basis in 
        multigenerational activities.
            ``(21) Transportation services to facilitate access 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 Secretary 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, frozen, dried, canned, or 
supplemental foods (with a satisfactory storage life).
    ``(2) Meal providers shall provide eligible older individuals 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 individual with 
        comparable expertise in the planning of nutritional services, 
        and
            ``(2) ensure that the project--
                    ``(A) provides meals that--
                            ``(i) comply with the Dietary Guidelines 
                        for Americans, published by the Secretary and 
                        the Secretary of Agriculture,
                            ``(ii) provide to each participating older 
                        individual--
                                    ``(I) a minimum of 33\1/3\ percent 
                                of the daily recommended dietary 
                                allowances 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 66\2/3\ percent 
                                of the allowances if the project 
                                provides 2 meals per day, and
                                    ``(III) 100 percent of the 
                                allowances if the project provides 3 
                                meals per day, and
                            ``(iii) to the maximum extent practicable, 
                        are adjusted to meet any special dietary needs 
                        of program participants,
                    ``(B) provides flexibility to local nutrition 
                providers in designing meals that are appealing to 
                program participants,
                    ``(C) encourages providers to enter into contracts 
                that limit the amount of time meals must spend in 
                transit before they are consumed,
                    ``(D) where feasible, encourages arrangements 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 individuals' residences as feasible,
                    ``(F) ensures that meal providers carry out such 
                project with the advice of dietitians (or individuals 
                with comparable expertise), meal participants, and 
                other individuals' knowledgeable with regard to the 
                needs of older individuals,
                    ``(G) ensures that each participating area agency 
                on aging establishes procedures that allow nutrition 
                project administrators the option to offer a meal, on 
                the same basis as meals provided to participating older 
                individuals, to individuals providing volunteer 
                services during the meal hours, and to individuals with 
                disabilities who reside at home with and accompany 
                older 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 individuals with 
                disabilities who are not older individuals but who 
                reside in housing facilities occupied 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 appropriated 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 nutrition 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 nutrition 
        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 
        effective 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 section 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 
        commodities 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.

 ``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.

    ``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 ombudsman program 
        that complies with the requirements 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).

          ``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 resolve 
                complaints that--
                            ``(i) are made by or on behalf of older 
                        individuals who are residents of long-term care 
                        facilities, and
                            ``(ii) relate to action, inaction, or 
                        decisions that may adversely affect the health, 
                        safety, welfare, or rights of such residents 
                        (including the welfare and rights of such 
                        residents with respect to the appointment and 
                        activities of guardians and representative 
                        payees), of providers (or representatives of 
                        providers) of long-term care services, public 
                        agencies, or health and social service 
                        agencies,
                    ``(B) provide services to assist such residents 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 regular and 
                timely access to the services provided through the 
                State long-term care ombudsman program and that such 
                residents and complainants receive from program 
                representatives of the State agency timely responses to 
                complaints,
                    ``(E) represent the interests of such residents 
                before governmental agencies and seek administrative, 
                legal, and other remedies to protect the health, 
                safety, welfare, and rights of the residents,
                    ``(F) provide administrative and technical 
                assistance to entities designated under paragraph (6) 
                to assist the entities in participating in the program,
                    ``(G) analyze, comment on, and monitor the 
                development and implementation of Federal, State, and 
                local laws, rules, and other governmental policies and 
                actions, that pertain to the health, safety, welfare, 
                and rights of the residents, with respect to the 
                adequacy of long-term care facilities and services in 
                the State,
                    ``(H) provide for training program representatives 
                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 ombudsman 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 responsible 
                for licensing or certifying long-term care services in 
                the State, or
                    ``(ii) an association (or an affiliate of such an 
                association) of long-term care facilities, or of any 
                other residential facilities for older individuals.
            ``(3) Designation of local ombudsman entities and 
        representatives.--(A) In carrying out the duties specified in 
        paragraph (1), the State agency may designate an entity as a 
        local ombudsman entity, and may designate an individual 
        (including an employee or volunteer) to represent the entity.
            ``(B) An individual so designated may, in accordance with 
        the policies and procedures established 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 ombudsman 
                program and timely responses to complaints and requests 
                for assistance,
                    ``(iii) identify, investigate, and resolve 
                complaints made by or on behalf of such residents that 
                relate to action, inaction, or decisions, that may 
                adversely affect the health, safety, welfare, or rights 
                of such residents,
                    ``(iv) represent the interests of such residents 
                before government agencies and seek administrative, 
                legal, and other remedies to protect the health, 
                safety, welfare, and rights of such residents,
                    ``(v) review, and if necessary, comment on existing 
                and proposed laws, rules, and other government policies 
                and actions, that pertain to the rights and well-being 
                of such residents,
                    ``(vi) facilitate the ability of the public to 
                comment on such laws, rules, policies, and actions,
                    ``(vii) support the development of 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 entities designated 
        to carry out the duties specified in paragraph (1).
            ``(ii) If the entities are grantees, or the representatives 
        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.
            ``(iii) The State agency shall develop the policies 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 ensure, 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 permission of the 
                resident (or the legal representative of the resident), 
                or the resident is unable to consent to the review and 
                has no legal representative, 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 approval of the State 
                agency,
                    ``(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 maintained 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 maintained by the State long-term 
        care ombudsman program, including records and data described in 
        paragraphs (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 (A) shall 
prohibit the disclosure of the identity of any complainant, or resident 
of a long-term care facility, with respect to whom the State agency 
maintains such files or records unless--
                    ``(i) the complainant or resident, or the legal 
                representative of the complainant or resident, consents 
                to the disclosure and the consent is given in writing,
                    ``(ii) the complainant or resident gives consent 
                orally and the consent is documented contemporaneously 
                in writing made by a program representative of the 
                State agency in accordance with such requirements as 
                the State agency shall establish, or
                    ``(iii) the disclosure is required by court order.
            ``(7) Consultation.--In planning and operating the State 
        long-term care ombudsman program, the State agency shall 
        consider the views of area agencies on aging, older 
        individuals, and providers of long-term care.
            ``(8) Conflict of interest.--The State agency shall develop 
        procedures to prevent conflicts of interest with respect to 
        individuals and entities 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 residents 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 connection with the performance of the 
                official duties of the State agency or such a 
                representative, and
                    ``(B) the State agency pursues administrative, 
                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 be liable under State 
        law for the good faith performance of official duties.
            ``(11) Noninterference.--The State shall--
                    ``(A) ensure that willful interference with the 
                State agency in the performance of the official duties 
                under the State long-term care ombudsman program shall 
                be unlawful,
                    ``(B) prohibit retaliation and reprisals by a long-
                term care facility or other entity with respect to any 
                resident, employee, or other person for filing a 
                complaint with, providing information to, or otherwise 
                cooperating with any representative of, the State 
                agency, and
                    ``(C) provide for appropriate sanctions with 
                respect to such interference and such retaliation and 
                reprisals.

 ``Subtitle C--Prevention and Remediation of Elder Abuse, Neglect, and 
                              Exploitation

``SEC. 441. REQUIREMENTS APPLICABLE TO PROVIDING SERVICES TO PREVENT 
              AND TO REMEDIATE ELDER ABUSE, NEGLECT, AND EXPLOITATION.

    ``To provide services to prevent and to remediate elder abuse, 
neglect, and exploitation, for which funds received 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 immunity for persons who report, in good 
        faith, instances of elder abuse, neglect, and exploitation, 
        from prosecution 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 participation.--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--
                    ``(A) unless all parties to such complaint consent 
                in writing to the release of such information,
                    ``(B) unless the release of such information is to 
                a law enforcement agency, public protective 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 reasonable 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 services 
        provided by a State Medicaid fraud control unit, as defined in 
        section 1903(q) of the Social Security Act (42 U.S.C. 
        1396b(q)), and victim assistance programs.
            ``(7) Participation in decisions.--An assurance 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 agreements with public or nonprofit 
private agencies or organizations, 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 organizations, 
        and
            ``(6) nonprofit service providers or volunteer 
        organizations.

      ``Subtitle D--Administrative Provisions; Authorizations of 
                             Appropriations

``SEC. 491. TECHNICAL ASSISTANCE.

    ``(a) Other Agencies.--In carrying out this title, the Assistant 
Secretary may request the technical assistance and cooperation of such 
Federal entities as may be appropriate.
    ``(b) Assistant Secretary.--The Assistant Secretary 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 Comptroller General of 
the United States, and any duly authorized representative of the 
Assistant Secretary or the Comptroller shall have access, for the 
purpose of conducting an audit or examination, to any books, documents, 
papers, 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 pertinent to services furnished under 
such subtitles or to a payment made for the services provided under 
such subtitles.

``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 Community 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 appropriated under 
        section 506 for each of the fiscal years 1999 through 2003 
        shall be allotted by the Secretary of Labor with respect to the 
        States as follows:
                    ``(A) For each of the fiscal years 1999, 2000, 
                2001, 2002, and 2003, such amount appropriated for such 
                fiscal year, to the extent such amount does not exceed 
                the aggregate 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 expended 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 paragraph (1)(B) shall be allotted as 
        follows:
                    ``(A) Subject to subparagraph (B), with respect 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 subparagraph (A) 
                shall be reduced proportionately to the extent 
                necessary to increase other allotments 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 aggregate per capita income of all the States, 
                except that the allotment percentage shall be not more 
                than 75 percent and not less than 33\1/3\ percent, and
                    ``(B) the allotment percentage for the District of 
                Columbia, the Commonwealth of Puerto Rico, Guam, 
                American Samoa, the Virgin Islands of the United 
                States, and the Commonwealth 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 include Guam, American Samoa, 
        the Virgin Islands of the United States, or Commonwealth of the 
        Northern 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:

                                                                        
                                                          Percent of    
                                                      Allotment Reserved
                                      Percent of         for Grants to  
  Allotment with Respect to the   Allotment Reserved       National     
     State for Fiscal Year:        for Grants to the   Organizations to 
                                        State:        Carry Out Projects
                                                         in the State:  
                                                                        
              1999                        27                  73        
              2000                        32                  68        
              2001                        37                  63        
              2002                        42                  58        
              2003                        50                  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 section 503(i), then 
the Secretary may, in the discretion of the Secretary, reduce the 
amount of the grant such recipient would receive under section 
503(a)(1) in the succeeding 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 organizations 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 available to make grants 
under section 503(a)(1) to--
                    ``(i) the State in which such recipient carried out 
                the project that is the basis of the reduction, 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 agreements made under section 503(b) by such 
recipient) to comply with the requirements of this title or to 
substantially 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 immediately before such reduction is 
made, in projects for which the reduced grant will be used shall 
continue to be employed in projects for which agreements are made under 
section 503(b) for such succeeding fiscal year.

``SEC. 503. OLDER AMERICAN COMMUNITY SERVICE EMPLOYMENT PROGRAM.

    ``(a) Authority for Program.--(1) With funds reserved under section 
502(b), the Secretary shall make grants to eligible States, and on a 
competitive basis taking into account performance reports submitted 
under subsection (k), to public and nonprofit private national 
organizations, for the purpose of providing to unemployed low-income 
older individuals who have poor employment prospects, employment 
opportunities in providing community services.
    ``(2)(A)(i) Subject to clause (ii), not less than 85 percent 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 subsection 
(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 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 administrative costs and costs 
incurred--
            ``(I) to perform the assessment described in subsection 
        (c)(2)(K), and
            ``(II) to provide the training described in subsection 
        (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 permit 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 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 receive 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, 
including 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 maintenance 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--
                    ``(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 organization, not 
        more than 5 percent of the grant received under subsection (a) 
        may be used to make agreements with businesses (giving special 
        consideration 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 described in 
        subsection (a).
    ``(c) Requirements.--Subject to subsection (d), this subsection 
shall apply to agreements made under subsection (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 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 specifications 
                and performance standards referred to in subsection 
                (b).
                    ``(C) The ability to provide employment-related 
                supportive services to assist older individuals 
                described in subsection (a) to participate in 
                employment provided by the project.
                    ``(D) The effective use of funds to be received 
                under such agreement, to pay administrative costs of 
                the project and to pay wages and benefits for such 
                individuals who are participating in employment 
                provided by the project.
            ``(2) Each such agreement shall provide that no payment 
        shall be made by the State, or by the public or nonprofit 
        private national organization toward the cost of the project 
        unless the State or the organization determines that the 
        project, and the entity that carries out the project, will 
        satisfy all of the following:
                    ``(A)(i) The entity that carries out the project 
                will use funds received under such 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 determining 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 subsection (a), except 
                for necessary technical, administrative, and 
                supervisory personnel, but such personnel shall, to the 
                fullest extent possible, 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 communities.
                    ``(ii) If such agreement is made with a tribal 
                organization, the project will provide employment 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 organizations (other than 
                political parties) described in section 501(c)(3) of 
                the Internal Revenue Code of 1986 that are exempt from 
                taxation 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 employment 
                        opportunities over those opportunities that 
                        would otherwise be available,
                            ``(ii) not result in the displacement of 
                        currently employed workers (including partial 
                        displacement, such as a reduction in the hours 
                        of nonovertime work or wages or employment 
                        benefits), and
                            ``(iii) not impair existing contracts or 
                        result in the substitution of Federal funds for 
                        other funds in connection with work that would 
                        otherwise be performed.
                    ``(G) The project will utilize methods of 
                recruitment 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 training as 
                may be necessary to make the most effective use of the 
                skills and talents of such individuals who are 
                participating and assist in their transition into 
                employment for which no financial 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 training 
                program by the project, such training shall be 
                provided, to the maximum extent practicable, by the 
                project by placing such individuals in training 
                programs for which Federal or State funds are provided 
                under another law. Such individuals who participate in 
                such training programs shall be deemed to have received 
                the training required by clause (i).
                    ``(I) The project will provide to older individuals 
                described in subsection (a) who are employed 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 applicable State or local 
                        minimum wage law.
                    ``(J) The project will be established or 
                administered with the advice of individuals competent 
                in the field of service in which employment is being 
                provided, and of individuals who are knowledgeable with 
                regard to the needs of older individuals.
                    ``(K) The project may authorize payment for 
                reasonable transportation costs of older individuals 
                described in subsection (a) that may be incurred in 
                employment in the project.
                    ``(L) The project will prepare an assessment of--
                            ``(i) the participating older individuals' 
                        skills and talents,
                            ``(ii) their need for supportive services, 
                        and
                            ``(iii) their ability to perform community 
                        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 another employment or 
                training program.
                    ``(M) The project will, to the maximum extent 
                feasible, serve the needs of minority, limited English-
                speaking ability, and Indian eligible individuals, and 
                eligible individuals with greatest economic need.
                    ``(N) The entity that carries out the project will 
                post in the project workplace a notice, and will make 
                available to each individual associated with the 
                project a written explanation, clarifying the law with 
                respect to allowable and unallowable political 
                activities under chapter 15 of title 5, United States 
                Code, applicable to the project and to each category of 
                individuals associated with the project.
                    ``(O) In providing employment opportunities under 
                the project, such entity will give priority to low-
                income individuals who are 60 years of age or older.
                    ``(P) Before the end of the fiscal year during 
                which the entity carries out the project, such entity 
                will demonstrate, to the State or national 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 consultation 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 
agencies responsible for carrying out public employment and training 
programs, a recipient of a grant made under subsection (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, consider 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 responsible 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 subsection (a)(1) who 
                propose to carry out projects under this title in the 
                same State as such recipient,
        select the projects such recipient will carry out through 
        agreements made under subsection (b), and
            ``(C) establish effective linkages with private entities 
        that promote employment and training opportunities for older 
        individuals.
    ``(2) To the maximum extent practicable, such recipient shall 
ensure that entities that carry out projects under agreements made 
under subsection (b) provide employment 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 subsection (a)(1) shall use funds 
available to carry out this title to make agreements under subsection 
(b) in an equitable 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 Description.--Whenever an entity 
(other than an area agency on aging for the planning and service area 
in which the project will be conducted) conducts a project under an 
agreement made under subsection (b) within a planning and service area 
in a State, such entity shall conduct the project in 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 Assistance.--Recipients of 
grants under subsection (a)(1) may develop alternatives for innovative 
work modes and provide technical assistance in creating employment 
opportunities through work sharing and other experimental methods to 
groups representing business and industry and workers, as well as to 
individual employers, where appropriate.
    ``(h) Performance Standards.--(1) The Secretary shall establish by 
rule, and amend from time to time, objective performance standards that 
provide measurements 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 recipients of grants under subsection 
(a)(1) to assess, and to report timely before the end of each fiscal 
year to the Secretary, 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 annually, 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 individuals who have 
        significant barriers to employment.
            ``(C) A standard requiring that a specific percentage 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.
            ``(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 recipients fail, 
directly or through the operation of projects carried out in a State 
under agreements made under section 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 throughout 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 difficulties in 
                serving unemployed low-income older individuals who 
                have poor employment prospects.
    ``(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 technical 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 Secretary an annual report 
describing for each State separately in which such recipient carried 
out projects under this title, directly or through agreements made 
under section 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.

``SEC. 504. PARTICIPANTS NOT FEDERAL EMPLOYEES.

    ``(a) Project Participants.--Older individuals described in section 
503(a) who participate in a project assisted 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 employees 
        (including older individuals participating under the contract) 
        are covered by a Federal or State workers' compensation law to 
        the extent required 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 individuals participating 
        under the contract will enjoy workers' compensation coverage 
        equal to that provided by the applicable Federal or State law 
        for employment 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 not be considered to be 
income of such individuals for purposes of determining the eligibility 
of such individuals, or of any other individuals, to participate in any 
housing program 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.--Section 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 Americans Act of 
        1965'' each place it appears and inserting ``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 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
            (4) in section 455(b) by striking ``Older Americans 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 striking 
                ``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 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
                    (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 striking 
                ``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 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
                    (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.--Section 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''.
    (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 Americans 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 inserting ``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''.
    (j) Environmental Programs Assistance Act of 1984.--Section 2(a) of 
the Environmental Programs Assistance 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 Buildings Act of 1976.--Section 
412(6) of the Energy Conservation 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''.
    (n) Congregate Housing Services Act of 1978.--Subsections (c) and 
(d) of section 405 of the Congregate 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 Affordable 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 Americans 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 Dementias Research Act of 
1992.--The Alzheimer's Disease and Related Dementias Research Act of 
1992 (42 U.S.C. 11201 et seq.) is amended--
            (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 inserting ``section 303(a)(2)(A) 
        of the Older Americans 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 reference to funds appropriated to carry out, or to the operation of 
the corresponding program, project, or activity carried out under, the 
Older Americans Act of 1965 for fiscal year 1998.

SEC. 6. ISSUANCE OF RULES.

    Not later than 180 days after the date of the enactment 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 Americans 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 provided in subsection (b), 
this Act and the amendments made by this Act shall take effect on the 
date of the enactment of this Act.
    (b) Special Effective Date.--The amendments made by sections 3, 4, 
and 5 shall take effect on October 1, 1998.
                                 <all>