[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 782 Reported in House (RH)]
Union Calendar No. 198
106th CONGRESS
1st Session
H. R. 782
[Report No. 106-343]
_______________________________________________________________________
A BILL
To amend the Older Americans Act of 1965 to authorize appropriations
for fiscal years 2000 through 2003.
_______________________________________________________________________
September 28, 1999
Reported with amendments, committed to the Committee of the Whole House
on the State of the Union, and ordered to be printed
Union Calendar No. 198
106th CONGRESS
1st Session
H. R. 782
[Report No. 106-343]
To amend the Older Americans Act of 1965 to authorize appropriations
for fiscal years 2000 through 2003.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 23, 1999
Mr. Barrett of Nebraska (for himself, Mr. Martinez, Mr. McKeon, Mr.
Goodling, and Mr. Clay) introduced the following bill; which was
referred to the Committee on Education and the Workforce
September 28, 1999
Additional sponsors: Mr. Terry, Mr. Gilchrest, and Mr. Shuster
September 28, 1999
Reported with amendments, committed to the Committee of the Whole House
on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on
February 23, 1999]
_______________________________________________________________________
A BILL
To amend the Older Americans Act of 1965 to authorize appropriations
for fiscal years 2000 through 2003.
Be it enacted by the Senate and House of 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
1999''.
SEC. 2. TABLE OF CONTENTS.
The table of contents of the Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Amendment to the Older Americans Act of 1965.
Sec. 4. Conforming amendments.
Sec. 5. Fiscal year references for fiscal year 2000.
Sec. 6. Issuance of rules.
Sec. 7. Effective dates.
SEC. 3. AMENDMENT TO THE OLDER AMERICANS ACT OF 1965.
The Older Americans Act of 1965 (42 U.S.C. 3001 et seq.) is amended
to read as follows:
``SECTION 1. SHORT TITLE.
``This Act may be cited as the `Older Americans Act of 1999'.
``SEC. 2. TABLE OF CONTENTS.
``The table of contents of this Act is as follows:
``Sec. 1. Short title.
``Sec. 2. Table of contents.
``TITLE I--GENERAL PROVISIONS
``Subtitle A--Statement of Purpose; Definitions
``Sec. 101. Purpose.
``Sec. 102. Definitions.
``Subtitle B--Administration
``Sec. 111. Establishment of Administration on Aging.
``Sec. 112. Duties of Assistant Secretary.
``Sec. 113. Federal agency consultation.
``Sec. 114. Powers of the Assistant Secretary.
``Sec. 115. Misuse of funds by providers.
``Sec. 116. Evaluations.
``Sec. 117. Reports.
``Sec. 118. Reduction of paperwork.
``Sec. 119. Surplus property eligibility.
``Sec. 120. Benefit treatment under other laws.
``Sec. 121. Authorization of appropriations.
``TITLE II--GRANTS FOR NATIVE AMERICAN PROGRAMS ON AGING
``Sec. 201. Grants for services to native americans.
``Sec. 202. Applications for grants.
``Sec. 203. Distribution of funds among tribal organizations, alaska
native 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
``Part I--Congregate Nutrition Services
``Sec. 331. Program authorized.
``Part II--Home Delivered Nutrition Services
``Sec. 334. Program authorized.
``Part III--Additional Requirements
``Sec. 337. Nutrition.
``Chapter 4--Disaster Relief Reimbursements
``Sec. 341. Disaster relief reimbursements.
``Subtitle B--Disease Prevention and Health Promotion Services Program
Authorized
``Sec. 351. Program authorized.
``Sec. 352. Distribution to area agencies on aging.
``Sec. 353. Definition.
``Subtitle C--Family Caregiver Programs
``Sec. 361. Program authorized.
``Subtitle D--Authorization of Appropriations
``Sec. 391. Authorization of appropriations.
``Sec. 392. Additional funds available for nutrition services.
``TITLE IV--STATE LONG-TERM CARE OMBUDSMAN PROGRAMS; SERVICES FOR THE
PREVENTION AND REMEDIATION OF ELDER ABUSE, NEGLECT, AND EXPLOITATION
``Subtitle A--Use of Additional Allotments
``Sec. 401. Use of allotments.
``Subtitle B--State Long-Term Care Ombudsman Program
``Sec. 421. Requirements applicable to State long-term care ombudsman
program.
``Subtitle C--Prevention and Remediation of Elder Abuse, Neglect, and
Exploitation
``Sec. 441. Requirements applicable to providing services to prevent
and to 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, and
``(6) promote employment opportunities and community
service.
``SEC. 102. DEFINITIONS.
``For the purposes of this Act:
``(1) Abuse.--The term `abuse' means (except when such term
is used in the phrase `drug and 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 and a caretaker, 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 a family
member or other individual who provides (on behalf of such
individual or of a public or private agency, organization, or
institution) uncompensated care to an older individual who
needs supportive services.
``(11) Caretaker.--The term `caretaker' means an individual
who has the responsibility for the care of an older individual,
either voluntarily, by contract, by receipt of payment for
care, or as a result of the operation of law.
``(12) Case management service.--The term `case management
service'--
``(A) means a service provided to an older
individual, at the direction of the older 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 may require by rule.
``(16) Comprehensive and coordinated system.--The term
`comprehensive and coordinated system' means a system for
providing all necessary supportive services, including
nutrition services, in a manner designed to--
``(A) facilitate accessibility to, and utilization
of, all supportive services and nutrition services
provided within the geographical area served by such
system by any public or private agency or organization,
``(B) develop and make the most efficient use of
supportive services and nutrition services in meeting
the needs of older individuals,
``(C) use available resources efficiently and with
a minimum of duplication, and
``(D) encourage and assist public and 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 and a caretaker, using the resources of an older
individual for monetary or personal benefit, profit, or gain.
``(21) Family caregiver services.--The term ``family
caregiver services'' means services provided to an older
individual by a caregiver to assist such individual to reside
in such individual's home with appropriate supportive services,
including personal care services, homemaker services, chore
maintenance, and other services.
``(22) Focal point.--The term `focal point' means an entity
that maximizes the collocation and coordination of services for
older individuals.
``(23) Frail.--The term `frail' means, with 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.
``(24) Greatest economic need.--The term `greatest economic
need' means the need resulting from an income level at or below
the poverty line.
``(25) Greatest social need.--The term `greatest social
need' means the need caused by 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.
``(26) In-home services.--The term `in-home services'
includes--
``(A) homemaker and home health aides,
``(B) visiting and telephone reassurance,
``(C) chore maintenance,
``(D) in-home respite care for families, and adult
day care as a respite service for families,
``(E) minor modification of homes that is necessary
to facilitate the ability of older individuals to
remain at home and that is not available under other
programs, but not at a cost to exceed the cost
established by the State agency,
``(F) personal care services, and
``(G) other in-home services as defined--
``(i) by the State agency in the State plan
submitted in accordance with section 304, and
``(ii) by the area agency on aging in the
area plan submitted in accordance with section
305.
``(27) Indian.--The term `Indian' means an Indian who is a
member of an Indian tribe.
``(28) Indian tribe.--The term `Indian tribe' means any
tribe, band, nation, or other organized group or community of
Indians that is--
``(A) recognized as eligible for the special
programs and services provided by the United States to
Indians because of their status as 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.
``(29) 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.
``(30) Information and referral.--The term `information and
referral' includes information relating to assistive
technology.
``(31) Legal assistance.--The term `legal assistance'--
``(A) means legal advice and representation
provided by an attorney to older individuals with
economic or social needs, and
``(B) includes--
``(i) to the extent feasible, counseling or
other appropriate assistance by a paralegal or
law student under the direct supervision of an
attorney, and
``(ii) counseling or representation by a
nonlawyer where permitted by law.
``(32) Long-term care facility.--The term `long-term care
facility' means--
``(A) any skilled nursing facility, as defined in
section 1819(a) of the Social Security Act (42 U.S.C.
1395i-3(a)),
``(B) any nursing facility, as defined in 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).
``(33) Low-income.--The term `low-income' means, for
purposes of title V, income that is not more than 125 percent
of the poverty line.
``(34) Multipurpose senior center.--The term `multipurpose
senior center' means a community facility for the organization
and provision of a broad spectrum of services, which shall
include provision of health (including mental health), social,
nutritional, and educational services and the provision of
facilities for recreational activities for older individuals.
``(35) Native american.--The term `Native American' means--
``(A) an Indian,
``(B) an Alaska Native, or
``(C) a Native Hawaiian.
``(36) Native hawaiian.--The term `Native Hawaiian' means
any individual any of whose ancestors were natives of the area
that consists of the Hawaiian Islands prior to 1778,
``(37) Neglect.--The term `neglect' means--
``(A) the failure to provide for oneself the goods
or services that are necessary to avoid physical harm,
mental anguish, or mental illness, or
``(B) the failure of a caregiver or a caretaker to
provide the goods or services.
``(38) Nonprofit.--The term `nonprofit' as applied to any
agency, institution, or organization means an agency,
institution, or organization that is, or is owned and operated
by, one or more 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.
``(39) 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.
``(40) Physical harm.--The term `physical harm' means
bodily injury, impairment, or disease.
``(41) Planning and service area.--The term `planning and
service area' means an area designated by a State agency under
section 303(a)(1)(E), including a single planning and service
area described in section 303(b)(1)(E).
``(42) Poverty line.--The term `poverty line' means the
official poverty line (as defined by the 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)).
``(43) 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.
``(44) Secretary.--The term `Secretary' means--
``(A) except for purposes of title V, the Secretary
of Health and Human Services, and
``(B) for purposes of title V, the Secretary of
Labor.
``(45) Severe disability.--The term `severe disability'
means a severe, chronic disability 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 (17).
``(46) 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.
``(47) State agency.--The term `State agency' means the
agency designated under section 303(a)(1).
``(48) Supportive service.--The term `supportive service'
means a service described in section 321(a).
``(49) Tribal organization.--The term `tribal organization'
means--
``(A) except for purposes of titles II and V--
``(i) the recognized governing body of an
Indian tribe, or
``(ii) the legally established 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.
``(50) 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) shall 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) shall 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, political subdivisions
of States, tribal organizations, Alaska Native organizations,
and organizations serving Native Hawaiians, with respect to
programs for older individuals and aging.
``(6) Educational materials.--To prepare, publish, and
disseminate educational materials 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, 1999, directly
or by contract, statistical data regarding programs, projects,
and activities carried out with funds provided under this Act,
including--
``(A) with respect to each type of service or
activity provided with such funds--
``(i) the aggregate amount of such funds
expended to provide such service or activity,
``(ii) the number of individuals who
received such service or activity, and
``(iii) the number of units of such service
or activity provided, and
``(B) the number of multipurpose senior centers
that received such funds.
``(10) Uniform data collection 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) Technical Assistance and Cooperation.--In carrying out the
provisions of this title, the Assistant Secretary--
``(1) may request the technical assistance and cooperation
of the Department of Education, the Department of Labor, the
Department of Housing and Urban Development, the Department of
Transportation, the Office of Community Services, the
Department of Veterans Affairs, the Substance Abuse and Mental
Health Services Administration, and such other agencies and
departments of the Federal Government as may be appropriate,
and
``(2) shall encourage recipients of grants and contracts
used to provide nonemergency transportation services under this
Act, to coordinate, to the maximum extent practicable, in
metropolitan areas the design and delivery of such services with
transportation services supported by governmental entities with
financial assistance received from Federal, State, and local
governmental entities, and particularly from the Department of
Transportation.
``(c) Authority To Make Grants.--From funds appropriated under
section 121(b), the Assistant Secretary may make grants to public or
nonprofit private agencies, organizations, and institutions, and to
tribal organizations, and may enter into contracts with agencies,
organizations, institutions, and individuals for activities--
``(1) to expand the Nation's knowledge and 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,
``(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, and
``(5)(A) to foster the development and testing of new
approaches to sustaining the efforts of families and others who
provide family caregiving services, and the dissemination of
information regarding such approaches, and
``(B) to promote quality and continuous improvement in
systems of support provided to families and others who provide
family caregiving services.
``(d) Career Preparation for the Field of Aging.--
``(1) Grants.--The Assistant Secretary shall make grants to
institutions of higher education, historically Black colleges
or universities, Hispanic Centers of Excellence in Applied
Gerontology, and other educational institutions that serve the
needs of minority students, to provide education and training
to prepare students for careers in the field of aging.
``(2) Definitions.--For purposes of paragraph (1):
``(A) Hispanic center of excellence in applied
gerontology.--The term `Hispanic Center of Excellence
in Applied Gerontology' means an institution of higher
education with a program in applied gerontology that--
``(i) has a significant number of Hispanic
individuals enrolled in the program, including
individuals accepted for enrollment in the
program,
``(ii) has been effective in assisting
Hispanic students of the program to complete
the program and receive the degree involved,
``(iii) has been effective in recruiting
Hispanic individuals to attend the program,
including providing scholarships and other
financial assistance to such individuals and
encouraging Hispanic students of secondary
educational institutions to attend the program,
and
``(iv) has made significant recruitment
efforts to increase the number and placement of
Hispanic individuals serving in faculty or
administrative positions in the program.
``(B) Historically black college or university.--
The term `historically Black college or university' has
the meaning given the term `part B institution' in
section 322(2) of the Higher Education Act of 1965 (20
U.S.C. 1061(2)).
``(e) Pension Rights Demonstration Projects.--
``(1) Definitions.--As used in this subsection:
``(A) Pension rights information program.--The term
`pension rights information program' means a program
described in paragraph (3).
``(B) Pension and other retirement benefits.--The
term `pension and other retirement benefits' means
private, civil service, and other public pensions and
retirement benefits, including benefits provided
under--
``(i) the Social Security program under
title II of the Social Security Act (42 U.S.C.
401 et seq.),
``(ii) the railroad retirement program
under the Railroad Retirement Act of 1974 (45
U.S.C. 231 et seq.),
``(iii) the government retirement benefits
programs under the Civil Service Retirement
System set forth in chapter 83 of title 5,
United States Code, the Federal Employees
Retirement System set forth in chapter 84 of
title 5, United States Code, or other Federal
retirement systems, or
``(iv) the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1001 et seq.).
``(2) Establishment.--The Assistant Secretary shall
establish and carry out pension rights demonstration projects.
``(3) Pension Rights Information Programs.--
``(A) Use of funds.--In carrying out the projects
specified in paragraph (2), the Assistant Secretary
shall, to the extent appropriations are available,
award grants to 6 eligible entities to establish
programs to provide outreach, information, counseling,
referral, and assistance regarding pension and other
retirement benefits, and rights related to such
benefits.
``(B) Award of grants.--
``(i) Type of entity.--The Assistant
Secretary shall award under this subsection--
``(I) 4 grants to State agencies or
area agencies on aging, and
``(II) 2 grants to nonprofit
organizations with a proven record of
providing--
``(aa) services related to
retirement of older
individuals, or
``(bb) specific pension
rights counseling.
``(ii) Panel.--In awarding grants under
this subsection, the Assistant Secretary shall
use a citizen advisory panel that shall include
representatives of business, labor, national
senior advocates, and national pension rights
advocates.
``(iii) Criteria.--In awarding grants under
this subsection, the Assistant Secretary, in
consultation with the panel, shall use as
criteria--
``(I) evidence of commitment of an
agency or organization to carry out a
proposed pension rights information
program,
``(II) the ability of the agency or
organization to perform effective
outreach to affected populations,
particularly populations identified as
in need of special outreach, and
``(III) reliable information that
the population to be served by the
agency or organization has a
demonstrable need for the services
proposed to be provided under the
program,
and shall give special consideration to
applicants that have not received a grant under
this subsection.
``(C) Application.--
``(i) In general.--To be eligible to
receive a grant under this subsection, an
entity shall submit an application to the
Assistant Secretary at such time, in such
manner, and containing such information as the
Assistant Secretary may require by rule,
including, at a minimum--
``(I) a plan for the establishment
of a pension rights information program
to serve a specific geographical area,
and
``(II) an assurance that staff
members (including volunteer staff
members) have no conflict of interest
in providing the services described in
the plan.
``(ii) Plan.--The plan described in clause
(i) shall provide for a program that--
``(I) establishes a State or area
pension rights information center,
``(II) provides counseling
(including direct counseling and
assistance to individuals needing
information) and information that may
assist individuals in establishing
rights to, obtaining, and filing claims
or complaints related to, pension and
other retirement benefits,
``(III) provides information on
sources of pension and other retirement
benefits, including the benefits under
programs described in paragraph (1)(A),
``(IV) makes referrals to legal
services and other advocacy programs,
``(V) establishes a system of
referral to State, local, and Federal
departments or agencies related to
pension and other retirement benefits,
``(VI) provides a sufficient number
of staff positions (including volunteer
positions) to ensure information,
counseling, referral, and assistance
regarding pension and other retirement
benefits,
``(VII) provides training programs
for staff members, including volunteer
staff members of the programs described
in paragraph (1)(A),
``(VIII) makes recommendations to
the Administration, the Department of
Labor, another Federal entity, and
State and local agencies concerning
issues for older individuals related to
pension and other retirement benefits,
and
``(IX) establishes an outreach
program to provide information,
counseling, referral, and assistance
regarding pension and other retirement
benefits, with particular emphasis on
outreach to women, minorities, and low-
income retirees.
``(4) Training program.--
``(A) Use of funds.--In carrying out the projects
described in paragraph (2), the Assistant Secretary
shall, to the extent appropriations are available,
award a grant to an eligible entity to establish a training program to
provide--
``(i) information to the staffs of entities
operating pension rights information programs,
and
``(ii) assistance to the entities and
assist such entities in the design of program
evaluation tools.
``(B) Eligible entity.--Entities eligible to
receive grants under this subsection include nonprofit
private organizations with records of providing
national information, referral, and advocacy in matters
related to pension and other retirement benefits.
``(C) Application.--To be eligible to receive a
grant under this subsection, an entity shall submit an
application to the Assistant Secretary at such time, in
such manner, and containing such information as the
Assistant Secretary may require by rule.
``(5) Duration.--The Assistant Secretary may award grants
under paragraphs (3) and (4) for periods not to exceed 18
months.
``(6) Pension assistance hotline and interagency
coordination.--The Assistant Secretary shall enter into
interagency agreements for the establishment and operation of,
and dissemination of information about, a telephone hotline for
individuals seeking outreach, information, counseling,
referral, and assistance regarding pension and other retirement
benefits, and rights related to such benefits. The Assistant
Secretary shall also enter into agreements with the Secretary
of Labor and with the heads of other Federal agencies that
regulate the provision of pension and other retirement
benefits, as the Assistant Secretary determines to be
appropriate, in order to carry out this paragraph and to
develop a nationwide public-private pension assistance system.
``(7) Report to Congress.--
``(A) Preparation.--The Assistant Secretary shall
prepare a report that--
``(i) summarizes the distribution of funds
authorized for grants under this section and
the expenditure of such funds,
``(ii) summarizes the scope and content of
training and assistance provided under a
program carried out under this subsection and
the degree to which the training and assistance
can be replicated,
``(iii) outlines the problems that
individuals participating in programs funded
under this subsection encountered concerning
rights related to pension and other retirement
benefits, and
``(iv) makes recommendations regarding the
manner in which services provided in programs
funded under this subsection can be
incorporated into the ongoing programs of State
agencies, area agencies on aging, multipurpose
senior centers, and other similar entities.
``(B) Submission.--Not later than 30 months after
the date of the enactment of this Act, the Assistant
Secretary shall submit the report described in
subparagraph (A) to the Committee on Education and the
Workforce of the House of Representatives and the
Committee on Health, Education, Labor, and Pensions of
the Senate.
``(8) Administrative expenses.--Of the funds appropriated
to carry out this subsection for a fiscal year, not more than
$100,000 may be used by the Administration for administrative
expenses in carrying out this subsection.
``(f) Health Care Service Demonstration Projects in Rural Areas.--
``(1) Authority.--The Assistant Secretary, after
consultation with the State agency of the State involved, shall
make grants in accordance with paragraph (3) to eligible public
agencies and nonprofit private organizations to pay part or all
of the cost of developing or operating model health care
service projects (including related home health care services,
adult day health care, outreach, and transportation) through
multipurpose senior centers that are located in rural areas and
that provide nutrition services under section 331, to meet the
health care needs of medically underserved older individuals
residing in such areas.
``(2) Eligibility.--To be eligible to receive a grant under
paragraph (1), a public agency or nonprofit private
organization shall submit to the Assistant Secretary an
application containing such information and assurances as the
Secretary may require by rule, including--
``(A) information describing the nature and extent
of the applicant's--
``(i) experience in providing medical
services of the kinds to be provided in the
project for which a grant is requested, and
``(ii) coordination and cooperation with--
``(I) institutions of higher
education having graduate programs with
capability in public health, the
medical sciences, psychology,
pharmacology, nursing, social work,
health education, nutrition, or
gerontology, for the purpose of
designing and developing such project,
and
``(II) critical access hospitals
(as defined in section 1861(mm)(1) of
the Social Security Act) and rural
health clinics (as defined in section
1861(aa)(2) of the Social Security
Act),
``(B) assurances that the applicant will carry out
the project for which a grant is requested, through a
multipurpose senior center located--
``(i)(I) in a rural area that has a
population of less than 5000, or
``(II) in a county that has fewer than 6
individuals per square mile, and
``(ii) in a State in which--
``(I) not less than 33\1/3\ of the
population resides in rural areas,
``(II) not less than 5 percent of
the population resides in counties with
fewer than 6 individuals per square
mile, and
``(III) older individuals
comprise--
``(aa) not less than 17
percent of the population, and
``(bb) not less than 40
percent of the population
residing in areas described in
subclauses (I) and (II),
as defined and determined in accordance with
the most recent data then available from the
Bureau of the Census, and
``(C) assurances that the applicant will submit to
the Assistant Secretary such evaluations and reports as
the Assistant Secretary may require by rule.
``(3) Rules.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall issue rules to carry
out this subsection.
``(4) Reports.--The Assistant Secretary shall include in
the reports required by section 117, summaries of the
evaluations and reports required under paragraph (2).
``SEC. 115. MISUSE OF FUNDS BY PROVIDERS.
``(a) Authority to Bar Providers.--If, after notice and an
opportunity for a hearing, it is determined--
``(1) by the Assistant Secretary that funds expended under
this Act (excluding title V) by a State, a State agency, or an
area agency on aging, directly or indirectly by a grant to or
contract with a provider of goods or services, have not been
expended in compliance with this Act (excluding title V) or a
regulation issued to carry out this Act (excluding title V), or
``(2) by the Secretary of Labor that funds expended under
title V by a recipient of a grant under section 503(a)(1),
directly or indirectly by a grant to or contract with a
provider to provide employment to older individuals, have not
been expended in compliance with such title or a regulation
issued to carry out such title,
then the Assistant Secretary or the Secretary, as the case may be, may
issue an order barring such provider, for a period not to exceed 5
years as specified in such order, from receiving a grant, or entering
into a contract, to provide goods, services, or employment with funds
made available under this Act (excluding title V) or such title, as the
case may be.
``(b) Effect of Order.--For the period during which an order issued
under subsection (a) is in effect, none of the funds made available
under this Act (excluding title V) or title V, as the case may be, may
be expended directly or indirectly by a grant to or contract with the
provider that is the subject of such order.
``SEC. 116. EVALUATIONS.
``(a) Duty of Secretary.--The Secretary may 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. 117. REPORTS.
``Not later than 120 days after the end of each fiscal year
beginning after September 30, 1999, the Assistant Secretary shall
prepare and submit to the President and to the the Speaker of the House
of Representative and the President pro tempore of the Senate, a
complete report on the programs, projects, and activities carried out
under this Act in such fiscal year. Such report shall include--
``(1) statistical data reflecting services and 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 (with particular attention to low-income minority
older individuals).
``SEC. 118. 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. 119. 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. 120. 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. 121. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.-- For the expenses (including salaries) of the
Administration on Aging to carry out this Act (other than subsections
(c), (d), (e), and (f) of section 114), there are authorized to be
appropriated $15,100,000 for fiscal year 2000 and such sums as may be
necessary for fiscal years 2001, 2002, 2003, 2004.
``(b) Research, Training, and Demonstration.--(1) There are
authorized to be appropriated to carry out subsections (c), (d), (e),
and (f) of section 114, $18,400,000 for fiscal year 2000 and such sums
as may be necessary for fiscal years 2001, 2002, 2003, and 2004.
``(2) Of the amount appropriated under paragraph (1) for each
fiscal year--
``(A) not more than $1,000,000 shall be available to carry
out section 112(12), and
``(B) subject to paragraph (3)--
``(i) not less than $540,000 shall be available to
make grants under section 114(d) to Hispanic Centers of
Excellence in Applied Gerontology, and
``(ii) not less than $1,200,000 shall be available
to make grants under section 114(d) to historically
Black colleges or universities,
``(C) not less than $1,000,000 shall be available
to carry out section 114(e), and
``(D) not less than $1,500,000 shall be available
to carry out section 114(f).
``(3) If the amount appropriated under paragraph (1) for any fiscal
year is less than the aggregate of the amounts specified in
subparagraphs (B), (C), and (D) of paragraph (2), each of such amounts
shall be reduced pro rata as necessary to cause such aggregate to equal
such amount.
``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 (excluding section 204) 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
(excluding section 204) 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 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 2000 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 2000 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
$18,800,000 for fiscal year 2000 and such sums as may be necessary for
fiscal years 2001, 2002, 2003, and 2004.
``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), (C), and (D), the amounts appropriated under subsections
(a), (b), and (c) of section 391 for fiscal years 2000 through
2004 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) Subject to subparagraph (C), the amounts allotted
under subparagraph (A) shall be reduced proportionately to the
extent necessary to increase other allotments under such
subparagraph (A) to achieve the following:
``(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 each fiscal year each State shall be allotted an
amount that is not less than the amount allotted to such State
under section 304(a)(1) of the Older Americans Act of 1965 for
fiscal year 1987.
``(D) For the purposes of subparagraphs (B)(i) and (C), the
term `State' does not include Guam, American Samoa, the Virgin
Islands of the United States, and the Commonwealth of the
Northern Mariana Islands.
``(E) 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.--
``(1) Population.--Amounts appropriated under section 493
for a fiscal year shall be allotted by the Assistant Secretary
initially among the States proportionately based on the
population of individuals 60 years of age or older in the
States.
``(2) Minimum allotments.--
(A) In general.--After making the initial
allotments described in paragraph (1), the Assistant
Secretary shall adjust the allotments on a pro rata
basis in accordance with subparagraphs (B) and (C).
``(B) General minimum allotments.--
``(i) Minimum allotment for states.--Each
State shall be allotted not less than \1/2\ of
1 percent of the funds appropriated under
section 493 for the fiscal year for which the
determination is made.
``(ii) Other Minimum allotments.--Guam and
the Virgin Islands of the United States shall
each be allotted not less than \1/4\ of 1
percent of the funds appropriated under section
493 for the fiscal year for which the
determination is made. American Samoa and the
Commonwealth of the Northern Mariana Islands
shall each be allotted not less than \1/16\ of
1 percent of the amount appropriated under
section 493 for the fiscal year for which the
determination is made.
``(C) Minimum allotments for ombudsman programs and
services for the prevention of elder abuse, neglect,
and exploitation.--From funds appropriated under
section 493, each State shall be allotted not less than
the amount allotted to such State for fiscal year 1991
under section 304 of the Older Americans Act of 1965 to
carry out State long-term care ombudsman programs and
programs with respect to the prevention of elder abuse,
neglect, and exploitation, under title III of such Act.
``(D) Definition.--For the purposes of this
paragraph, the term `State' does not include Guam,
American Samoa, the Virgin Islands of the United
States, and the Commonwealth of the Northern Mariana
Islands.
``(c) Allotment of Funds for Family Caregiver Services.--
``(1)(A) Subject to paragraph (2), amounts appropriated
under section 391(d) for fiscal years 2000 through 2004 shall
be allotted by the Assistant Secretary among the States
proportionately based on the population of individuals 70 years
of age or older in the States.
``(B) The number of individuals 70 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) Minimum allotments.--
``(A) The amounts allotted under paragraph (1)
shall be reduced proportionately to the extent
necessary to increase other allotments under such
paragraph to achieve the amounts described in
subparagraph (B).
``(B)(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)(i), 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) Permitted Use of Allotments.--
``(1) Administration of state plans.--(A) Except as
provided in subparagraph (B), 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.--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.
``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
the views of--
``(i) 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
(including distribution in rural areas) 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, with particular
attention to low-income minority older
individuals and to older individuals residing
in rural areas, 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 older individuals and to older
individuals residing in rural areas, 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.--
``(1) Establishment of procedures.--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.
``(2) Requirements.--Such procedures shall include--
``(A) providing notice of an action or proceeding
described in paragraph (1),
``(B) documenting the need for the action or
proceeding,
``(C) conducting a public hearing for the action or
proceeding,
``(D) involving area agencies on aging, service
providers, and older individuals in the action or
proceeding, and
``(E) allowing an appeal of the decision of the
State agency in the action or proceeding to the
Assistant Secretary.
``(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 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 older individuals
and to older individuals residing in rural areas) 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) Subparagraph (A) shall not apply with respect to
information and assistance services or to outreach.
``(C) Subparagraph (A) shall not apply with respect to case
management services provided by an area agency on aging.
``(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.--The plan shall contain assurances
that with respect to legal assistance--
``(A) that area agencies on aging--
``(i) will enter into contracts with
providers of legal assistance that can
demonstrate the experience or capacity to
deliver legal assistance,
``(ii) will 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, and
``(iii) may provide, through the use of
qualified personnel, legal assistance related
to income, health care, long-term care,
nutrition, housing, utilities, protective
services, guardianship, abuse neglect, and age
discrimination,
``(B) the State agency will provide for the
coordination of the furnishing of legal assistance to
older individuals in the State, will provide advice and
technical assistance in the provision of legal
assistance to older individuals in the State, and will support the
furnishing of training and technical assistance for legal assistance
for older individuals, and
``(C) to the extent practicable, that legal
assistance furnished under the plan will be in addition
to any legal assistance for older individuals being
furnished with funds from sources other than this Act
and that reasonable efforts will be made to maintain
existing levels of legal assistance for older
individuals.
``(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, the plan shall 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 (with particular attention to
low-income minority older individuals) and
older individuals with greatest social need
(with particular attention to low-income
minority older individuals),
``(iii) older individuals with severe
disabilities,
``(iv) older individuals with limited
English-speaking ability, and
``(v) 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 (v) of subparagraph (A), and the
caregivers 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)(5)(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) Voluntary contributions.--The plan shall provide,
after the State consults with area agencies on aging and with
service providers and provides an opportunity for older
individuals to submit comments to the State, that recipients of
services (excluding information and assistance services,
outreach, benefits counseling, case management services,
ombudsman services, and protective services) under State plans
or area plans will be given an opportunity to voluntarily
contribute to the cost of such services.
``(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.
``(21) Information relating to rural areas.--The plan
shall, with respect to the fiscal year preceding the fiscal
year for which such plan is prepared, describe the methods and
difficulties in providing services to older individuals who
reside in rural areas (in particular, problems regarding
transportation and the cost of providing services).
``(22) Services in rural areas.--For each fiscal year the
plan shall identify, and take into consideration for purposes
of allocating funds to area agencies on aging, the actual and
projected additional costs for providing services under this
title, in particular the cost of providing access to such
services to older individuals residing in rural areas.
``(23) Coordination of services to blind older
individuals.--The plan shall provide, with respect to blind
older individuals, that the State agency will coordinate
services provided under this Act with services provided under
chapter 2 of title VII of the Rehabilitation Act of 1973.
``(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.--
``(1) Limitation.--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 legal assistance described
in subsection (a)(9), and to provide services for the
prevention of elder abuse, neglect, and exploitation described
in subsection (a)(10).
``(2) Waiver.--If the State demonstrates to the
satisfaction of the Assistant Secretary that the amount
available as a result of the application of such paragraph is
insufficient to satisfy the need for services under the State
long-term care ombudsman program described in subsection
(a)(8), the need for legal assistance described in subsection
(a)(9), and the need for services to the prevent elder abuse,
neglect, and exploitation described in subsection (a)(10), then
the Assistant Secretary may grant a waiver that permits the
State to use an additional 5 percent of such allotment to
satisfy such need.
``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 older
individuals and to older individuals residing in rural
areas), 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, 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 (with particular attention to low-
income minority older individuals), older individuals with
greatest social need (with particular attention to low-income
minority older 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 (with particular attention to
low-income minority older individuals) and
older individuals with greatest social need
(with particular attention to low-income
minority older individuals),
``(III) older individuals with severe
disabilities,
``(IV) older individuals with limited
English-speaking ability, and
``(V) older individuals with Alzheimer's
disease or related disorders with neurological
and organic brain dysfunction (and the
caregivers of such individuals), and
``(ii) inform the older individuals referred to in
subclauses (I) through (V) 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--
``(i) gives each older individual who
requests services under this title a statement
specifying that such individual has the right
to make an independent choice of service
providers, and
``(ii) documents receipt by such individual
of such statement, and
``(E) be provided by--
``(i) a public agency,
``(ii) a nonprofit private agency, or
``(iii) directly by the area agency on
aging only if the area agency on aging is--
``(I) engaged in providing under a
State program services substantially
similar to case management services, or
``(II) designated by the State
agency to provide case management
services directly.
``(13) Voluntary contributions.--The plan shall contain
assurances consistent with the State plan provisions that
satisfy the requirement specified in section 304(a)(17), that
service providers will--
``(A) be required--
``(i) to provide to all older individuals
an opportunity to voluntarily contribute to the
cost of services they receive under this
subtitle from such providers,
``(ii) to protect the privacy of older
individuals with respect to voluntary
contributions described in subparagraph (A),
``(iii) to establish appropriate procedures
to safeguard and account for all such
contributions, and
``(iv) to use such contributions
attributable to supportive services or
nutrition services to increase supportive
services or nutrition services, respectively,
``(B) be permitted--
``(i) to develop a suggested voluntary
contribution schedule based on income
categories of service recipients, taking into
consideration the income ranges of older
individuals in the community, and
``(ii) to furnish written information to
each recipient about the extent of supportive
services and nutrition services provided to
such recipient and the actual cost of such
services, and
``(C) not be permitted--
``(i) to use a means test for the purpose
of selecting older individuals to receive such
services, or
``(ii) to refuse to provide a service to an
older individual because such individual will
not or cannot contribute to the cost of such
service.
``(14) Older individuals with disabilities.--The plan shall
provide, with respect to the needs of older individuals with
disabilities, assurances that the area agency on aging 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(e)(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(e)(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(e)(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(e)(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 391, the State
(after consultation with area agencies on aging and with service
providers) may elect to transfer not more than 20 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)(i) 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 391, (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.
``(ii) At a minimum, the application described in clause (i) 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.
``(C) Notwithstanding any other provision of this subtitle, with
respect to funds received by a State and attributable to funds
appropriated under paragraph (1) or (2) of section 391(b), the State
may elect in its plan under section 304 regarding chapter 3, to
transfer not more than 50 percent of the funds so received between part
I and part II of such chapter, for use as the State considers
appropriate to meet the needs of the area served.
``(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 117, data regarding the transfers
described in paragraph (1), including--
``(A) the amount of funds involved in the transfers,
analyzed by State, and
``(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 caretakers, including caretakers 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
``PART I--CONGREGATE NUTRITION SERVICES
``SEC. 331. PROGRAM AUTHORIZED.
``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--
``(1) which, 5 or more days a week (except in a rural area
where such frequency is not feasible (as defined by the
Assistant Secretary by regulation) and a lesser frequency is
approved by the State agency), provide at least one hot or
other appropriate meal per day and any additional meals which
the recipient of a grant or contract under this subpart may
elect to provide,
``(2) which shall be provided in congregate settings
(including adult day care settings), and
``(3) which may include nutrition education services and
other appropriate nutrition services for older individuals.
``PART II--HOME DELIVERED NUTRITION SERVICES
``SEC. 334. PROGRAM AUTHORIZED.
``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 for older individuals
which, 5 or more days a week (except in a rural area where such
frequency is not feasible (as defined by the Assistant Secretary by
regulation) and a lesser frequency is approved by the State agency),
provide at least one home delivered hot, cold, frozen, dried, canned,
or supplemental foods (with a satisfactory storage life) meal per day
and any additional meals which the recipient of a grant or contract
under this subpart may elect to provide.
``PART III--ADDITIONAL REQUIREMENTS
``SEC. 337. NUTRITION.
``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.
``CHAPTER 4--DISASTER RELIEF REIMBURSEMENTS
``SEC. 341. DISASTER RELIEF REIMBURSEMENTS.
``(a)(1) The Assistant Secretary may provide reimbursements to any
State (or tribal organization that receives a grant under title II),
upon application for such reimbursement, for funds such State (or such
tribal organization) makes available 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 Relief and Emergency Assistance Act.
``(2) Total payments to all States (and tribal organizations) under
paragraph (1) in any fiscal year shall not exceed .05 percent of the
total amount appropriated and available to carry out title III.
``(3) If the Assistant Secretary decides, in the 5-day period
beginning on the date such disaster is declared by the President, to
provide an amount of reimbursement under paragraph (1) to a State (or
tribal organization), then the Assistant Secretary shall provide not
less than 75 percent of such amount to such State (or tribal
organization) not later than 5 days after the date of such decision.
``(b)(1) At the beginning of each fiscal year the Assistant
Secretary shall set aside, for payment to States (and tribal
organizations) under subsection (a), an amount equal to .05 percent of
the total amount appropriated and available to carry out title III.
``(2) Amounts set aside under paragraph (1) which are not obligated
by the end of the third quarter of any fiscal year shall be made
available to carry out title III.
``(c) Nothing in this section shall be construed to prohibit
expenditures by States (or tribal organizations) for disaster relief
for older individuals in excess of amounts reimbursable under this
section, by using funds made available to them under other sections of
this Act or under other provisions of Federal or State law, or from
private sources.
``Subtitle B--Disease Prevention and Health Promotion Services Program
Authorized
``SEC. 351. PROGRAM AUTHORIZED.
``(a) The Assistant Secretary shall carry out a program for making
grants to States under State plans approved under section 304 to
provide disease prevention and health promotion services and
information at multipurpose senior centers, at congregate meal sites,
through home delivered meals programs, or at other appropriate sites.
In carrying out such program, the Assistant Secretary shall consult
with the Director of the Centers for Disease Control and Prevention and
the Director of the National Institute on Aging.
``(b) The Assistant Secretary shall, to the extent possible, ensure
that services provided by other community organizations and agencies
are used to carry out the provisions of this subtitle.
``SEC. 352. DISTRIBUTION TO AREA AGENCIES ON AGING.
``The State agency shall give priority, in carrying out this
subtitle, to areas of the State--
``(1) which are medically underserved, and
``(2) in which there is a large number of older individuals
who have the greatest economic need for such services.
``SEC. 353. DEFINITION.
``As used in this subtitle, the term `disease prevention and health
promotion services' means--
``(1) health risk assessments,
``(2) routine health screening,
``(3) nutritional counseling and educational services for
individuals and their primary caregivers,
``(4) health promotion programs,
``(5) programs regarding physical fitness,
``(6) home injury control services,
``(7) screening for the prevention of depression,
coordination of community mental health services, provision of
educational activities, and referral to psychiatric and
psychological services,
``(8) information and outreach services relating to the
prevention, diagnosis, and treatment of osteoporosis,
``(9) educational programs on the availability, benefits,
and appropriate use of preventive health services covered under
title XVIII of the Social Security Act (42 U.S.C. 1395 et
seq.),
``(10) medication management screening and education to
prevent incorrect medication and adverse drug reactions,
``(11) information concerning age-related diseases and
chronic disabling conditions,
``(12) gerontological counseling, and
``(13) counseling regarding social services and followup
health services based on any of the services described in
paragraphs (1) through (12),
but does not include services for which payment may be made under title
XVIII of the Social Security Act (42 U.S.C. 1395 et seq.).
``Subtitle C--Family Caregiver Programs
``SEC. 361. PROGRAM AUTHORIZED.
``(a) In General.--The Assistant Secretary may make grants to
States under State plans approved under section 304 for systems of
support for families and other individuals who provide family
caregiving services to older individuals.
``(b) Family Caregiver Services.--A system of support for which a
grant made under subsection (a) may be used shall provide--
``(1) information to caregivers who provide family
caregiving services to older individuals, about support
services available to such caregivers,
``(2) assistance to such caregivers in gaining access to
such services,
``(3) individual counseling, organization of support
groups, and training for such caregivers to help families make
decisions and solve problems relating to their roles as
caregivers who provide family caregiving services to older
individuals,
``(4) respite care to enable such caregivers to be
temporarily relieved from their caretaking responsibilities,
and
``(5) in-home services to complement family caregiving
services provided by such caregivers.
``(c) Eligibility.--A grant made under subsection (a) may be used
only for a system of support--
``(1) that provides for caregivers of older individuals any
of the support specified in paragraphs (1), (2), and (3) of
subsection (b),
``(2) that provides for caregivers of frail older
individuals any of the support specified in subsection (b), and
``(3) that gives priority for family caregiver support to
older individuals and families with the greatest social need
and greatest economic need, with particular attention to low-
income older individuals.
``(d) Quality Standards and Accountability.--
``(1) The State shall have in place mechanisms designed to
ensure the quality of services under this subtitle.
``(2) The State shall collect data and furnish records at
such time and in such form as the Assistant Secretary may
require by rule to enable the Assistant Secretary--
``(A) to monitor--
``(i) systems of support for which a grant
made under subsection (a) is used, and
``(ii) compliance with this subtitle, and
``(B) to compare the effectiveness of such systems.
``(3) The State shall report to the Assistant Secretary on
the data and information required under paragraph (2),
including the services and activities funded under this
subtitle, and standards and methods by which the quality of
services shall be assured.
``(e) State Option for Cost Sharing.--
``(1) In general.--A State may elect to require cost
sharing under this subtitle for services described in
paragraphs (4) and (5) of subsection (b) (and may elect to require or
permit area agencies on aging to require cost sharing by recipients of
such services under area plans), except that--
``(A) individuals whose income does not exceed the
poverty line shall be exempt from required cost-
sharing, and
``(B) cost-sharing rates for individuals whose
income exceeds the poverty line may be established only
on a sliding-fee scale based on income and shall not be
effective unless and until approved under paragraph
(2).
``(2) Assistant secretary approval.--The Assistant
Secretary may approve cost-sharing rates established in
accordance with paragraph (1)(B).
``(3) Income determinations.--For purposes of this
subtitle, the income of an older individual shall be determined
by self-declaration.
``(4) Inability to pay cost.--An older individual will not
be denied a service under this subtitle because of the
inability of such individual to pay a share of the cost of such
service.
``(f) Coordination With Service Providers.--In carrying out this
subtitle, each area agency on aging shall coordinate with other
community agencies and voluntary organizations that provide the types
of services provided by systems for which grants are made under
subsection (a).
``(g) Limitation on Use of Funds.--
``(1) Use of grant.--A grant made under subsection (a) may
not be used to pay more than 75 percent of the cost of the
system of support for which such grant is made.
``(2) Matching funds.--Not more than 75 percent of the cost
of such system may be paid funds from Federal sources and from
funds received from cost sharing in effect under subsection
(e), in the aggregate.
``Subtitle D--Authorization of Appropriations
``SEC. 391. AUTHORIZATION OF APPROPRIATIONS.
``(a) Supportive Services and Multipurpose Senior Centers.--There
are authorized to be appropriated to carry out chapter 2 of subtitle A
$306,200,000 for fiscal year 2000 and such sums as may be necessary for
years fiscal 2001, 2002, 2003, and 2004.
``(b) Nutrition Services.--
``(1) Congregate nutrition services.--There are authorized
to be appropriated to carry out part I of chapter 3 of subtitle
A $381,700,000 for fiscal year 2000 and such sums as may be
necessary for fiscal years 2001, 2002, 2003, and 2004.
``(2) Home delivered nutrition services.--There are
authorized to be appropriated to carry out part II of chapter 3
of subtitle A $114,200,000 for fiscal year 2000 and such sums
as may be necessary for fiscal years 2001, 2002, 2003, and
2004.
``(c) Disease Prevention and Health Promotion Services Program
Authorized.--There are authorized to be appropriated to carry out
subtitle B $16,400,000 for fiscal year 2000 and such sums as may be
necessary for fiscal years 2001, 2002, 2003, and 2004.
``(d) Family Caregiver Support Program.--There is authorized to be
appropriated to carry out subtitle C--
``(1) $125,000,000 for fiscal year 2000 if the aggregate
amount appropriated under subsections (a) and (b) of this
section for fiscal year 2000 is not less than the aggregate
amount appropriated under subsections (a) and (b) of section
303 of the Older Americans Act of 1965 for fiscal year 1999,
and
``(2) such sums as may be necessary for fiscal years 2001,
2002, 2003, and 2004 if the aggregate amount appropriated under
subsections (a) and (b) of this section for the particular
fiscal year involved is not less than the aggregate amount
appropriated under such subsections for the preceding fiscal
year.
``SEC. 392. ADDITIONAL FUNDS AVAILABLE FOR NUTRITION SERVICES.
``(a) Funds Available.--In addition to the amount appropriated
under section 391(b), and to provide nutrition services under subtitle
A and title II for each of the fiscal years 2000, 2001, 2002, 2003, and
2004, 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) Allotments Based on Meals Served.--
``(1) In general.--The Secretary shall allot and pay, to
each State agency with a plan approved under this title for a
fiscal year, and to each tribal organization with an
application approved under section 202 for such fiscal year, an
amount bearing the same ratio to the total amount appropriated
for such fiscal year under subsection (e) as the number of meals served
in the State, under such plan approved for the preceding fiscal year
(or the number of meals served by the tribal organization, under such
application approved for such preceding fiscal year), bears to the
total number of such meals served in all States and by all tribal
organizations under all such plans and applications approved for such
preceding fiscal year.
``(2) Calculation of allotment for certain tribal
organizations.--For purposes of paragraph (1), in the case of a
tribal organization that has a plan approved under section 202
for a fiscal year but that did not receive assistance under
this section for the preceding fiscal year, the number of meals
served by the tribal organization in the preceding fiscal year
shall be deemed to equal the number of meals that the Assistant
Secretary estimates will be served by the tribal organization
in the current 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 $150,000,000 for fiscal year
2000 and such sums as may be necessary for fiscal years 2001, 2002,
2003, and 2004.
``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, 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
$12,400,000 for fiscal year 2000 and such sums as may be necessary for
fiscal years 2001, 2002, 2003, and 2004.
``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 1999'.
``SEC. 502. ALLOTMENT AND RESERVATION OF FUNDS FOR COMMUNITY SERVICE
EMPLOYMENT.
``(a) Allotment of Funds for Fiscal Years 2000-2004.--
``(1) Base allotment.--The amount appropriated under
section 506 for each of the fiscal years 2000 through 2004
shall be allotted by the Secretary of Labor with respect to the
States as follows:
``(A) For each of the fiscal years 2000, 2001,
2002, 2003, and 2004 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 1999,
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
for Grants to Percent of
Allotment with Respect to the National Allotment Reserved
State for Fiscal Year: Organizations to for Grants to the
Carry Out Projects State:
in the State:
2000 73.4 26.6
2001 68.8 31.2
2002 64.2 35.8
2003 59.6 40.4
2004 55 45.
``(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(h), 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(h), 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 (j) or other information relating to past performance
similar to performance of the kind described in such reports, 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 provide the training described in subsection
(c)(2)(H), and
``(II) to perform the assessment 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 (i):
``(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 (h).
``(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.
``(3) To the maximum extent practicable, a State that receives a
grant under this title for fiscal year 2000, 2001, 2002, 2003, and 2004
shall use not less than the following percentage of such grant, to
preserve particular older individuals in the particular employment
positions that were held by such individuals as a result of grants made
under title V of the Older Americans Act of 1965 or under this title by
the Secretary for the preceding fiscal year to non-State recipients for
expenditure in such State:
Grant for Fiscal Year Percent of Grant
2000 4.6
2001 4.6
2002 4.6
2003 4.6
2004 4.6.
``(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 18 percent of
project participants should be placed annually, and after
placement should remain employed for not less than 30 days, in
employment for which no financial assistance is provided under
this title.
``(B) A standard requiring a specific percentage increase
in the number of employment opportunities provided in hard-to-
serve areas, including rural areas, areas with high
unemployment, and areas with a significant population groups of
underserved older individuals.
``(C) A standard providing for the measurement of--
``(i) the number of older individuals who receive
services provided by such projects, and
``(ii) the extent to which project participants are
satisfied with such services.
``(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)(1).
``(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.
``(k) Independent Evaluation of Grant Recipient Performance.--
``(1) Performance Evaluation.--Not later than 90 days after
the date of the enactment of this Act and subject to paragraph
(2), the Secretary shall make a contract to evaluate each
recipient of a grant under section 501(a)(1), 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), for the purpose of determining--
``(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.
``(2) Contracts.--For purposes of paragraph (1), the
Secretary may make contracts only with nongovernmental entities
that--
``(A) have not received funds, directly or
indirectly, made available for grants under this title
or title V of the Older Americans Act of 1965, and
``(B) are not, and have not been, affiliated with
any entity that receives, or has received such funds.
``(3) Reports.--The Secretary shall submit to the Speaker
of the House of Representatives and the President pro tempore--
``(A) not later than January 1, 2004, an interim
report summarizing the results of the evaluations
carried out under paragraph (1), and
``(B) not later than January 1, 2005, a final
report summarizing the results of such evaluations.
``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 $448,600,000 for
fiscal year 2000 and such sums as may be necessary for fiscal years
2001, 2002, 2003, and 2004.''.
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 1999''.
(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 1999'', 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 1999''.
(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 1999''.
(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
1999'', and
(B) in paragraph (5)(B)(i) by striking ``Older
Americans Act of 1965'' and inserting ``Older Americans
Act of 1999'',
(2) by amending section 205(a)(8) to read as follows:
``(8) title V of the Older Americans Act of 1999;'',
(3) in section 452(d)(1)(B)(iii) by striking ``Older
Americans Act of 1965'' and inserting ``Older Americans Act of
1999'', and
(4) in section 455(b) by striking ``Older Americans Act of
1965'' and inserting ``Older Americans Act of 1999''.
(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 1999'',
(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 1999'', 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 1999'', 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 1999'',
(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 1999'', 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 1999''.
(f) 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 1999''.
(g) 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 1999'' after
``Older Americans Act''.
(h) 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 1999'',
(2) in section 14--
(A) in subsection (a)(1) by striking ``Older
Americans Act of 1965'' and inserting ``Older Americans
Act of 1999'', 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
1999'', 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 1999''.
(i) 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 ``Older Americans Act of 1965'' each place it
appears and inserting ``Older Americans Act of 1999''.
(j) 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 1999''
after ``Older Americans Act''.
(k) 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 1999'' 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
1999''.
(l) 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 1999''.
(m) 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 1999''.
(n) 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
1999'', and
(2) in section 803(d)(12) by striking ``Older Americans Act
of 1965'' and inserting ``Older Americans Act of 1999''.
(o) 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 1999''.
(p) 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 1999'', 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 1999'', 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 1999''.
SEC. 5. FISCAL YEAR REFERENCES FOR FISCAL YEAR 2000.
Any reference in the Older Americans Act of 1999 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 2000 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 1999.
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 1999. 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, 1999.
Amend the title so as to read: ``A bill to amend the Older
Americans Act of 1965 to authorize appropriations for fiscal
years 2000, 2001, 2002, 2003, and 2004 and for other
purposes.''.