[House Report 104-539]
[From the U.S. Government Publishing Office]



104th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 2d Session                                                     104-539
_______________________________________________________________________


 
                   OLDER AMERICANS AMENDMENTS OF 1996

                                _______


 April 25, 1996.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______


     Mr. Goodling, from the Committee on Economic and Educational 
                 Opportunities, submitted the following

                              R E P O R T

                             together with

                     MINORITY AND ADDITIONAL VIEWS

                        [To accompany H.R. 2570]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Economic and Educational Opportunities, to 
whom was referred the bill (H.R. 2570) to amend the Older 
Americans Act of 1965 to authorize appropriations for fiscal 
years 1997, 1998, 1999, 2000, and 2001, and for other purposes, 
having considered the same, report favorably thereon with an 
amendment and recommend that the bill as amended do pass.
  The amendment is as follows:

  Strike out all after the enacting clause and insert in lieu 
thereof the following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Older Americans Amendments of 1996''.

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 1997.
Sec. 6. Issuance of rules.
Sec. 7. Enforcement authority.
Sec. 8. Transfers; savings provisions.
Sec. 9. 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 1996'.

``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. Evaluations.
        ``Sec. 116. Reports.
        ``Sec. 117. Reduction of paperwork.
        ``Sec. 118. Surplus property eligibility.
        ``Sec. 119. Benefit treatment under other laws.
        ``Sec. 120. Authorization of appropriations.

        ``TITLE II--GRANTS FOR NATIVE AMERICAN PROGRAMS ON AGING

        ``Sec. 201. Grants for services to Native Americans.
        ``Sec. 202. Applications for grants.
        ``Sec. 203. Distribution of funds among tribal organizations, 
                        Alaska Native organizations, and organizations 
                        serving Native Hawaiians.
        ``Sec. 204. Surplus educational facilities.
        ``Sec. 205. Administration.
        ``Sec. 206. Payments.
        ``Sec. 207. Authorization of appropriations.

     ``TITLE III--GRANTS FOR STATE AND COMMUNITY PROGRAMS ON AGING

               ``Subtitle A--Grants for Programs on Aging

                    ``Chapter 1--General Provisions

        ``Sec. 301. Technical assistance and cooperation.
        ``Sec. 302. Allotments; Federal share.
        ``Sec. 303. Eligibility of States; organization.
        ``Sec. 304. State plans.
        ``Sec. 305. Area plans.
        ``Sec. 306. Planning, coordination, evaluation, and 
                        administration of State plans.
        ``Sec. 307. Payments.

    ``Chapter 2--Supportive Services and Multipurpose Senior Centers

        ``Sec. 321. Program authorized.

                    ``Chapter 3--Nutrition Services

        ``Sec. 331. Program authorized.
        ``Sec. 332. Additional requirements.

     ``Chapter 4--Community Service Employment for Older Americans

        ``Sec. 351. Short title.
        ``Sec. 352. Older American Community Service Employment 
                        Program.
        ``Sec. 353. Participants not Federal employees.
        ``Sec. 354. Treatment of employment assistance for purposes of 
                        Federal housing and food stamp programs.

             ``Subtitle B--Authorization of Appropriations

        ``Sec. 381. Authorization of appropriations.
        ``Sec. 382. Additional funds available for nutrition services.

          ``TITLE IV--NATIONAL SENIOR VOLUNTEER SERVICE CORPS

        ``Sec. 401. Statement of purposes.

           ``Subtitle A--Retired and Senior Volunteer Program

        ``Sec. 411. Grants and contracts for volunteer service 
                        projects.

                ``Subtitle B--Foster Grandparent Program

        ``Sec. 421. Grants and contracts for volunteer service 
                        projects.

            ``Subtitle C--Senior Companion Volunteer Program

        ``Sec. 431. Grants and contracts for volunteer service 
                        projects.

                    ``Subtitle D--General Provisions

        ``Sec. 441. Promotion of National Senior Volunteer Service 
                        Corps.
        ``Sec. 442. Payments.
        ``Sec. 443. Use of locally generated contributions in National 
                        Senior Volunteer Service Corps.
        ``Sec. 444. Adjustments to Federal financial assistance; 
                        reports.
        ``Sec. 445. Multiyear grants or contracts.

             ``Subtitle E--Administration and Coordination

        ``Sec. 461. Administrative structure.
        ``Sec. 462. Political activities.
        ``Sec. 463. Special limitations.
        ``Sec. 464. Coordination with other programs.
        ``Sec. 465. Notice and hearing procedures for suspension and 
                        termination of financial assistance.
        ``Sec. 466. Distribution of benefits between rural and urban 
                        areas.
        ``Sec. 467. Volunteers not Federal employees.
        ``Sec. 468. Evaluation.
        ``Sec. 469. Eligibility for other benefits.
        ``Sec. 470. Legal expenses.

             ``Subtitle F--Authorization of Appropriations

        ``Sec. 491. Authorization of appropriations for programs.

                     ``TITLE I--GENERAL PROVISIONS

            ``Subtitle A--Statement of Purpose; Definitions

``SEC. 101. PURPOSE.

  ``It is the purpose of this Act to encourage and assist State 
agencies, area agencies on aging, and tribal organizations to 
concentrate resources in order to develop greater capacity and foster 
the development and implementation of comprehensive and coordinated 
systems to serve older individuals by entering into cooperative 
arrangements in each State for the planning and provision of supportive 
services, nutrition services, multipurpose senior centers, community 
service employment, and volunteer services, in order to--
          ``(1) secure and maintain maximum independence and dignity in 
        a home environment for older individuals capable of self care 
        with appropriate supportive services,
          ``(2) remove individual and social barriers to economic and 
        personal independence for older individuals,
          ``(3) provide a continuum of care for vulnerable older 
        individuals,
          ``(4) secure the opportunity for older individuals to receive 
        managed in-home and community-based long-term care services,
          ``(5) ensure that older individuals will be protected against 
        abuse, neglect, and exploitation,
          ``(6) promote employment opportunities and community service, 
        and
          ``(7) empower older individuals to contribute to their 
        communities through volunteer services that enhance the lives 
        of the volunteers and those whom they serve.

``SEC. 102. DEFINITIONS.

  ``For the purposes of this Act:
          ``(1) Abuse.--The term `abuse' means (except when such term 
        is used in the phrase `drug and alcohol abuse') the willful--
                  ``(A) infliction of injury, unreasonable confinement, 
                intimidation, or cruel punishment with resulting 
                physical harm, pain, or mental anguish, or
                  ``(B) deprivation by a person, including a caregiver, 
                of goods or services that are necessary to avoid 
                physical harm, mental anguish, or mental illness.
          ``(2) Administration.--The term `Administration' means the 
        Administration on Aging.
          ``(3) Adult child with a disability.--The term `adult child 
        with a disability' means a child who--
                  ``(A) is 18 years of age or older,
                  ``(B) is financially dependent on an older individual 
                who is a parent of the child, and
                  ``(C) has a disability.
          ``(4) Alaska native.--The term `Alaska Native' means an 
        Alaska Native who is a member of an Alaska Native organization.
          ``(5) Alaska native organization.--The term `Alaska Native 
        organization' means an Alaska Native village, or an Alaskan 
        Native regional or village corporation, as defined in or 
        established pursuant to the Alaska Native Claims Settlement Act 
        (Public Law 92-203; 85 Stat.688), that is recognized as 
        eligible for the special programs and services provided by the 
        United States to Alaska Natives because of their status as 
        Alaska Natives.
          ``(6) Area agency on aging.--The term `area agency on aging' 
        means an area agency on aging designated under section 
        303(a)(2)(A) or a State agency performing the functions of an 
        area agency on aging under section 303(a)(1)(E).
          ``(7) Assistant secretary.--The term `Assistant Secretary' 
        means the Assistant Secretary for Aging.
          ``(8) Assistive technology.--The term `assistive technology' 
        means technology, engineering methodologies, or scientific 
        principles appropriate to meet the needs of, and address the 
        barriers confronted by, older individuals with functional 
        limitations.
          ``(9) Board and care facility.--The term `board and care 
        facility' means an institution regulated by a State pursuant to 
        section 1616(e) of the Social Security Act (42 U.S.C. 
        1382e(e)).
          ``(10) Caregiver.--The term `caregiver' means an individual 
        who has the responsibility for the care of an older individual, 
        either voluntarily, by contract, by receipt of payment for 
        care, or as a result of the operation of law.
          ``(11) Caretaker.--The term `caretaker' means a family member 
        or other individual who provides (on behalf of such individual 
        or of a public or private agency, organization, or institution) 
        uncompensated care to an older individual who needs supportive 
        services.
          ``(12) Case management service.--The term `case management 
        service'--
                  ``(A) means a service provided to an older 
                individual, at the direction of the older individual or 
                a family member of the individual--
                          ``(i) by an individual who is trained or 
                        experienced in the case management skills that 
                        are required to deliver the services and 
                        coordination described in subparagraph (B), and
                          ``(ii) to assess the needs, and to arrange, 
                        coordinate, and monitor an optimum package of 
                        services to meet the needs, of the older 
                        individual, and
                  ``(B) includes services and coordination such as--
                          ``(i) comprehensive assessment of the older 
                        individual (including the physical, 
                        psychological, and social needs of the 
                        individual),
                          ``(ii) development and implementation of a 
                        service plan with the older individual to 
                        mobilize the formal and informal resources and 
                        services identified in the assessment to meet 
                        the needs of the older individual, including 
                        coordination of the resources and services--
                                  ``(I) with any other plans that exist 
                                for various formal services, such as 
                                hospital discharge plans, and
                                  ``(II) with the information and 
                                assistance services provided under this 
                                Act,
                          ``(iii) coordination and monitoring of formal 
                        and informal service delivery, including 
                        coordination and monitoring to ensure that 
                        services specified in the plan are being 
                        provided,
                          ``(iv) periodic reassessment and revision of 
                        the status of the older individual with--
                                  ``(I) the older individual, or
                                  ``(II) if necessary, a primary 
                                caregiver or family member of the older 
                                individual, and
                          ``(v) in accordance with the wishes of the 
                        older individual, advocacy on behalf of the 
                        older individual for needed services or 
                        resources.
          ``(13) Child.--Except when it appears as part of the term 
        `adult child with a disability', the term `child' means--
                  ``(A) except for purposes of title IV, an individual 
                who is less than 18 years of age, and
                  ``(B) for purposes of title IV, an individual who is 
                less than 21 years of age.
          ``(14) Client assessment.--The term `client assessment' 
        includes providing information relating to assistive 
        technology.
          ``(15) Community services.--The term `community services' 
        means--
                  ``(A) social, health, welfare, and educational 
                services (particularly literacy tutoring),
                  ``(B) legal and other counseling services and 
                assistance, including tax counseling and assistance and 
                financial counseling,
                  ``(C) library, recreational, and other similar 
                services,
                  ``(D) conservation, maintenance, or restoration of 
                natural resources,
                  ``(E) community betterment or beautification,
                  ``(F) antipollution and environmental quality 
                efforts,
                  ``(G) weatherization activities,
                  ``(H) economic development, and
                  ``(I) such other services essential and necessary to 
                the community as the Secretary, by regulation, may 
                require.
          ``(16) Comprehensive and coordinated system.--The term 
        `comprehensive and coordinated system' means a system for 
        providing all necessary supportive services, including 
        nutrition services, in a manner designed to--
                  ``(A) facilitate accessibility to, and utilization 
                of, all supportive services and nutrition services 
                provided within the geographic area served by such 
                system by any public or private agency or organization,
                  ``(B) develop and make the most efficient use of 
                supportive services and nutrition services in meeting 
                the needs of older individuals,
                  ``(C) use available resources efficiently and with a 
                minimum of duplication, and
                  ``(D) encourage and assist public and private 
                entities that have unrealized potential for meeting the 
                service needs of older individuals to assist the older 
                individuals on a voluntary basis.
          ``(17) Disability.--The term `disability' means (except when 
        such term is used in the phrase `severe disability', 
        `developmental disabilities', `physical and mental 
        disabilities', or `physical disabilities') a disability 
        attributable to mental or physical impairment, or a combination 
        of mental and physical impairments, that results in substantial 
        functional limitations in 1 or more of the following areas of 
        major life activity: (A) self-care, (B) receptive and 
        expressive language, (C) learning, (D) mobility, (E) self-
        direction, (F) capacity for independent living, (G) economic 
        self-sufficiency, (H) cognitive functioning, and (I) emotional 
        adjustment.
          ``(18) Elder abuse.--The term `elder abuse' means abuse of an 
        older individual.
          ``(19) Elder abuse, neglect, and exploitation.--The term 
        `elder abuse, neglect, and exploitation' means abuse, neglect, 
        and exploitation, of an older individual.
          ``(20) Election.--When referring to an election for Federal 
        office, the term `election' has the meaning given such term by 
        section 301(1) of the Federal Election Campaign Act of 1971 
        (Public Law 92-225).
          ``(21) Exploitation.--The term `exploitation' means the 
        illegal or improper act or process of an individual, including 
        a caregiver, using the resources of an older individual for 
        monetary or personal benefit, profit, or gain.
          ``(22) Federal office.--The term `Federal office' has the 
        meaning given such term in section 301(3) of the Federal 
        Election Campaign Act of 1971 (Public Law 92-225).
          ``(23) Focal point.--The term `focal point' means an entity 
        that maximizes the collocation and coordination of services for 
        older individuals.
          ``(24) 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.
          ``(25) Greatest economic need.--The term `greatest economic 
        need' means the need resulting from an income level at or below 
        the poverty line.
          ``(26) 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.
          ``(27) 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, except that not more than $150 per client may 
                be expended under this part for such modification,
                  ``(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.
          ``(28) Indian.--The term `Indian' means an Indian who is a 
        member of an Indian tribe.
          ``(29) 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.
          ``(30) 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.
          ``(31) Information and referral.--The term `information and 
        referral' includes information relating to assistive 
        technology.
          ``(32) 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.
          ``(33) 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), 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).
          ``(34) Low-income.--The term `low-income' means--
                  ``(A) for purposes of chapter 4 of subtitle A of 
                title III, income that is not more than 125 percent of 
                the poverty line, and
                  ``(B) for purposes of title IV--
                          ``(i) income that is not more than 125 
                        percent of the poverty line, or
                          ``(ii) income that is not more that 100 
                        percent of such poverty line, as so adjusted 
                        and determined after taking into consideration 
                        existing poverty guidelines as appropriate to 
                        local situations.
          ``(35) 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.
          ``(36) Native american.--The term `Native American' means--
                  ``(A) an Indian,
                  ``(B) an Alaska Native, or
                  ``(C) a Native Hawaiian.
          ``(37) 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,
          ``(38) Neglect.--The term `neglect' means--
                  ``(A) the failure to provide for oneself the goods or 
                services that are necessary to avoid physical harm, 
                mental anguish, or mental illness, or
                  ``(B) the failure of a caregiver to provide the goods 
                or services.
          ``(39) 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.
          ``(40) Older individual.--The term `older individual' means--
                  ``(A) except for purposes of chapter 4 of subtitle A 
                of title III, and title IV, an individual who is 60 
                years of age or older, and
                  ``(B) for purposes of chapter 4 of subtitle A of 
                title III, and title IV, an individual who is 55 years 
                of age or older.
          ``(41) Physical harm.--The term `physical harm' means bodily 
        injury, impairment, or disease.
          ``(42) 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).
          ``(43) 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)).
          ``(44) 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.
          ``(45) Secretary.--The term `Secretary' means the Secretary 
        of Health and Human Services.
          ``(46) 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).
          ``(47) 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.
          ``(48) State agency.--The term `State agency' means the 
        agency designated under section 303(a)(1).
          ``(49) Supportive service.--The term `supportive service' 
        means a service described in section 321(a).
          ``(50) Tribal organization.--The term `tribal organization' 
        means--
                  ``(A) except for purposes of title II and chapter 4 
                of subtitle A of title III,
                          ``(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 chapter 4 of subtitle A of 
                title III, a public or nonprofit private organization 
                that is primarily controlled by, and comprised of, 
                Indians or Indian tribes.
          ``(51) Unit of general purpose local government.--The term 
        `unit of general purpose local government' means--
                  ``(A) a political subdivision of the State whose 
                authority is general and not limited to only one 
                function or combination of related functions, or
                  ``(B) a tribal organization.

                      ``Subtitle B--Administration

``SEC. 111. ESTABLISHMENT OF ADMINISTRATION ON AGING.

  ``(a) Establishment.--There is established in the Office of the 
Secretary, an Administration on Aging which shall be headed by an 
Assistant Secretary for Aging. This Act shall be administered through 
the Administration and under the supervision of the Secretary.
  ``(b) Assistant Secretary.--The Assistant Secretary shall be 
appointed by the President by and with the advice and consent of the 
Senate.
  ``(c) Designation Relating to Administration of Programs Affecting 
Native Americans.--The Assistant Secretary--
          ``(1) may establish an Office on Native Americans within the 
        Administration; and
          ``(2) shall designate an individual in the Administration who 
        has expertise with respect to programs and services affecting 
        Native Americans, who shall be responsible, under the 
        supervision of the Assistant Secretary, for the administration 
        of title II and for coordination of other programs, projects, 
        and activities carried out under this Act that affect Native 
        Americans.
  ``(d) Designation Relating to the Administration of State Long-Term 
Care Ombudsman Programs.--The Assistant Secretary 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.
  ``(f) Designation Relating to the Administration of Volunteer Service 
Programs.--The Assistant Secretary shall designate an individual in the 
Administration who has experience and expertise in administering 
volunteer programs for older individuals and who shall be responsible, 
under the supervision of the Assistant Secretary, for the 
administration of title IV.

``SEC. 112. DUTIES OF ASSISTANT SECRETARY.

  ``The duties of the Assistant Secretary are as follows:
          ``(1) Advocacy.--To serve as the effective and visible 
        advocate for older individuals, within the Department of Health 
        and Human Services and with other departments, agencies, and 
        instrumentalities of the Federal Government by maintaining 
        active review of and commenting on responsibilities of all 
        Federal policies affecting older individuals.
          ``(2) Information.--To collect and disseminate information 
        related to problems of older individuals and aging.
          ``(3) Assistance to secretary.--To directly assist the 
        Secretary in all matters pertaining to problems of older 
        individuals and aging.
          ``(4) Administration.--To administer the grants provided and 
        contracts made under this Act.
          ``(5) Technical assistance.--To provide technical assistance 
        and consultation to States, and political subdivisions of 
        States, with respect to programs for older individuals and 
        aging.
          ``(6) Educational materials.--To prepare, publish, and 
        disseminate educational materials dealing with the welfare of 
        older individuals.
          ``(7) Statistics.--To gather statistics in the field of aging 
        that other Federal agencies are not collecting, and to take 
        whatever action is necessary to achieve coordination of 
        activities carried out or assisted by all departments, 
        agencies, and instrumentalities of the Federal Government with 
        respect to the collection, preparation, and dissemination of 
        information relevant to older individuals.
          ``(8) Planning.--To coordinate, and to assist in, the 
        planning and development by public (including Federal, State, 
        and local agencies) and private organizations of programs for 
        older individuals to facilitate the establishment of a na- 
tionwide network of comprehensive, coordinated services and 
opportunities for older individuals.
          ``(9) Statistical data regarding assisted activities.--To 
        collect for each fiscal year, for fiscal years beginning after 
        September 30, 1996, directly or by contract, statistical data 
        regarding programs, projects, and activities carried out with 
        funds provided under this Act, including--
                  ``(A) with respect to each type of service or 
                activity provided with such funds--
                          ``(i) the aggregate amount of such funds 
                        expended to provide such service or activity,
                          ``(ii) the number of individuals who received 
                        such service or activity, and
                          ``(iii) the number of units of such service 
                        or activity provided,
                  ``(B) the number of multipurpose senior centers that 
                received such funds.
          ``(10) Uniform data collection procedures.--To design and 
        implement, for purposes of compliance with paragraph (9), 
        uniform data collection procedures for use by State agencies, 
        including--
                  ``(A) uniform definitions and nomenclature,
                  ``(B) standardized data collection procedures,
                  ``(C) procedures for collecting information on gaps 
                in services needed by older individuals, as identified 
                by service providers in assisting clients through the 
                provision of the supportive services, and
                  ``(D) procedures for the assessment of the unmet need 
                for services under this Act.
          ``(11) Research.--To develop and arrange for research in the 
        field of aging, based on consultations with individuals and 
        organizations knowledgeable in the field of aging.
          ``(12) Information on community resources.--To establish and 
        operate, directly or by grant or contract, nationwide a toll-
        free telephone line by which individuals may obtain information 
        and assistance to locate community resources that may be 
        available to older individuals and their caregivers.

``SEC. 113. FEDERAL AGENCY CONSULTATION.

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

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

  ``(a) Powers.--In carrying out this Act, the Assistant Secretary 
may--
          ``(1) provide consultative services and technical assistance 
        to public or nonprofit private agencies and organizations,
          ``(2) provide short-term training and technical instruction,
          ``(3) conduct research and demonstrations, and
          ``(4) collect, prepare, publish, and disseminate special 
        educational or informational materials, including reports on 
        programs, projects, and activities for which funds are provided 
        under this Act.
  ``(b) Authority To Make Grants.--From funds appropriated under 
section 120(a)(3), the Assistant Secretary may make grants to public or 
nonprofit private agencies, organizations, and institutions, and to 
tribal organizations, and may enter into contracts with agencies, 
organizations, institutions, and individuals for activities--
          ``(1) to expand the Nation's knowledge and understanding of 
        older individuals and the aging process,
          ``(2) to design, to test, and to promote utilization of 
        innovative ideas and best practices in programs and services 
        for older individuals,
          ``(3) to help meet the needs for trained personnel in the 
        field of aging, and
          ``(4) to increase the awareness of citizens of all ages of 
        the need to assume personal responsibility for their own aging 
        through--
                  ``(A) education and training to develop an adequately 
                trained workforce to work with and on behalf of older 
                individuals,
                  ``(B) research and policy analysis to improve access 
                to and delivery of services for older individuals,
                  ``(C) development of methods and practices to improve 
                quality and effectiveness of such services,
                  ``(D) demonstration of new approaches to design, 
                delivery, and coordination of services and activities 
                for older individuals,
                  ``(E) technical assistance in planning, development, 
                implementation, evaluation, and improvement of 
                programs, projects, and activities under this Act, and
                  ``(F) dissemination of information on issues related 
                to aging, their impact on individuals and society, and 
                relating to services and activities benefiting older 
                individuals.

``SEC. 115. EVALUATIONS.

  ``(a) Duty of Secretary.--The Secretary may measure and evaluate the 
impact and effectiveness of all programs, projects, and activities 
carried out with funds provided under this Act. Evaluations shall be 
conducted by persons not immediately involved in the administration of 
the programs, projects, and activities evaluated.
  ``(b) Sources of Evaluation Information.--In carrying out evaluations 
under subsection (a), the Secretary shall--
          ``(1) to the maximum extent practicable, arrange to obtain 
        the opinions of participants in the programs, projects, and 
        activities being evaluated, and
          ``(2) consult with organizations concerned with the welfare 
        of older individuals.

``SEC. 116. REPORTS.

  ``Not later than 120 days after the end of each fiscal year beginning 
after September 30, 1996, the Assistant Secretary shall prepare and 
submit to the President and to the Congress a complete report on the 
programs, projects, and activities carried out under this Act in such 
fiscal year. Such report shall include--
          ``(1) statistical data reflecting services and activities 
        provided under this Act to older individuals during the fiscal 
        year for which such report is submitted,
          ``(2) statistical data collected under section 112(9), and
          ``(3) statistical data, and an analysis of information, 
        regarding the effectiveness of the State agency and area 
        agencies on aging in targeting services to older individuals 
        with greatest economic need and older individuals with greatest 
        social need.

``SEC. 117. REDUCTION OF PAPERWORK.

  ``In order to reduce unnecessary, duplicative, or disruptive demands 
for information, the Assistant Secretary, in consultation with State 
agencies and other appropriate agencies and organizations, shall 
continually review and evaluate all requests by the Administration for 
information under this Act and shall take such action as may be 
necessary to reduce the paperwork required under this Act. The 
Assistant Secretary shall request only such information as the 
Assistant Secretary deems essential to carry out the purpose and 
provisions of this Act and, in gathering such information, shall make 
use of uniform service definitions to the extent that such definitions 
are available.

``SEC. 118. SURPLUS PROPERTY ELIGIBILITY.

  ``Any State or local government agency, and any nonprofit 
organization or institution, that receives funds appropriated for 
programs for older individuals under this Act, under title IV or title 
XX of the Social Security Act, under title VIII or X of Public Law 88-
452 (commonly known as the Economic Opportunity Act of 1964) or the 
Community Services Block Grant Act, shall be deemed to be eligible to 
receive for such programs, property that is declared surplus to the 
needs of the Federal Government in accordance with laws applicable to 
surplus property.

``SEC. 119. BENEFIT TREATMENT UNDER OTHER LAWS.

  ``No benefit (excluding wages, stipends, and cash allowances that are 
not reimbursements) received under a program, project, or activity 
carried out under this Act shall be treated under any Federal, State, 
or local law as income or resources of an eligible individual 
participating in such program, project, or activity.

``SEC. 120. AUTHORIZATION OF APPROPRIATIONS.

  ``(a) In General.--(1) For the expenses (including salaries) of the 
Administration on Aging to carry out this Act (other than section 
114(b) and title IV), there are authorized to be appropriated 
$17,069,000 for fiscal year 1997 and such sums as may be necessary for 
fiscal years 1998, 1999, 2000, and 2001.
  ``(2) Of the amount appropriated under paragraph (1) for each fiscal 
year, not more than $1,000,000 shall be available to carry out section 
112(12).
  ``(3) There are authorized to be appropriated to carry out section 
114(b) $26,500,000 for fiscal year 1997 and such sums as may be 
necessary for fiscal years 1998, 1999, 2000, and 2001.
  ``(b) Title IV.--For the expenses (including salaries) of the 
Administration on Aging to carry out title IV, there are authorized to 
be appropriated $24,000,000 for fiscal year 1997 and such sums as may 
be necessary for fiscal years 1998, 1999, 2000, and 2001.

        ``TITLE II--GRANTS FOR NATIVE AMERICAN PROGRAMS ON AGING

``SEC. 201. GRANTS FOR SERVICES TO NATIVE AMERICANS.

  ``(a) Authority To Make Grants.--The Assistant Secretary may make 
grants to eligible organizations to pay all of the costs for delivery 
of supportive services and nutrition services for older individuals who 
are Native Americans.
  ``(b) Eligibility of Organizations.--An organization is eligible to 
receive a grant under this title only if the organization is--
          ``(1) a tribal organization that--
                  ``(A) represents at least 50 older individuals, and
                  ``(B) demonstrates the ability to deliver supportive 
                services and nutritional services,
          ``(2) an Alaska Native organization that--
                  ``(A) represents at least 50 older individuals, and
                  ``(B) demonstrates the ability to deliver supportive 
                services and nutritional services, or
          ``(3) a public or nonprofit private organization that--
                  ``(A) will serve at least 50 older individuals who 
                are Native Hawaiians, and
                  ``(B) demonstrates the ability to deliver supportive 
                services and nutrition services.

``SEC. 202. APPLICATIONS FOR GRANTS.

  ``(a) Requirement.--A grant may not be made under this title unless 
an eligible organization submits an application to the Assistant 
Secretary that meets such criteria as the Assistant Secretary may 
establish by rule. Each such application shall--
          ``(1) provide that such organization shall evaluate the need 
        for supportive and nutrition services among older individuals 
        who are--
                  ``(A) Indians represented by the 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 the 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 the such organization if 
                such organization is a tribal organization,
                  ``(B) Alaska Natives represented by such organization 
                if such organization is an Alaska Native organization, 
                or
                  ``(C) Native Hawaiians to be served by such 
                organization,
        will be in substantial compliance with the provisions of 
        subtitle A of title III relating to the furnishing of similar 
        services,
          ``(10) contain satisfactory assurances that fiscal control 
        and fund accounting procedures will be adopted as may be 
        necessary to ensure proper disbursement of, and accounting for, 
        Federal funds paid under this title to such organization, 
        including any funds paid by such organization to a recipient of 
        a grant or contract,
          ``(11) contain assurances that such organization will 
        coordinate services provided under this title with services 
        provided under subtitle A of title III in the same geographical 
        area, and
          ``(12) if the organization elects to solicit voluntary 
        contributions from older individuals, provide that such 
        organization will ensure that such contributions will be--
                  ``(A) based on the ability of the older individuals 
                to make such contributions, and
                  ``(B) used to increase, or to expand access to, 
                services provided under this title.
  ``(b) Population Statistics.--For the purpose of any application 
submitted under this subsection (a), an eligible organization may 
develop its own population statistics, with a certification from the 
Bureau of Indian Affairs, in order to establish eligibility to receive 
a grant under this title.
  ``(c) Approval of Application.--The Assistant Secretary shall approve 
any application that complies with subsection (a).
  ``(d) Application Not Approved.--Whenever the Assistant Secretary 
determines not to approve an application submitted under subsection (a) 
the Assistant Secretary shall--
          ``(1) state objections in writing to the organization within 
        60 days after such determination,
          ``(2) provide, to the extent practicable, technical 
        assistance to the organization to overcome such stated 
        objections, and
          ``(3) provide the organization with a hearing, under such 
        rules as the Assistant Secretary may issue.
  ``(e) Period Funded.--Whenever the Assistant Secretary approves an 
application of a 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 1997 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 1996 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 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 
$17,460,000 for fiscal year 1997 and such sums as may be necessary for 
fiscal years 1998, 1999, 2000, and 2001.

     ``TITLE III--GRANTS FOR STATE AND COMMUNITY PROGRAMS ON AGING

               ``Subtitle A--Grants for Programs on Aging

                    ``CHAPTER 1--GENERAL PROVISIONS

``SEC. 301. TECHNICAL ASSISTANCE AND COOPERATION.

  ``In carrying out this title, the Assistant Secretary may request the 
technical assistance and cooperation of such other Federal agencies as 
the Assistant Secretary considers to be appropriate.

``SEC. 302. ALLOTMENTS; FEDERAL SHARE.

  ``(a) Allotment of Funds for Supportive Services, Multipurpose Senior 
Centers, and Nutrition Services.--
          ``(1) Reservation of funds.--(A) Subject to subparagraphs (B) 
        and (C), the amounts appropriated under subsections (a) and (b) 
        of section 381 for fiscal years 1997 through 2001 shall be 
        allotted by the Assistant Secretary among the States as 
        follows:
                  ``(i) For each of the fiscal years 1997, 1998, 1999, 
                and 2000--
                          ``(I) the product of such amount appropriated 
                        for such fiscal year and the base percentage 
                        rate for such fiscal year shall be allotted 
                        among the States proportionately based on their 
                        respective shares of the funds appropriated for 
                        fiscal year 1996 allotted to the States to 
                        carry out titles III and VII of the Older 
                        Americans Act of 1965, and
                          ``(II) the balance of the such amount 
                        appropriated for such fiscal year shall be 
                        allotted among the State proportionately based 
                        on the population of individuals 60 years of 
                        age or older in the States.
                  ``(ii) For purposes of clause (i), the base 
                percentage rates are the following:

                Fiscal year:
                                                  Base percentage rate:
                        1997...............................  80 percent
                        1998...............................  60 percent
                        1999...............................  40 percent
                        2000...............................  20 percent

                  ``(iii) Such amount appropriated for fiscal year 2001 
                shall be allotted among the States proportionately 
                based on the population of individuals 60 years of age 
                or older in the States.
          ``(B) The amounts allotted under subparagraph (A) shall be 
        reduced proportionately to the extent necessary to increase 
        other allotments under such subparagraph to achieve the 
        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 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) 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 Funds for Community Service Employment.--
          ``(1) Reservation of funds for tribal organizations.--
                  ``(A) Amount reserved.--Of the amount appropriated 
                under subsection (c) of section 381 for each of the 
                fiscal years 1997, 1998, 1999, 2000, and 2001, the 
                Assistant Secretary shall reserve not more than 1.3 
                percent for making grants under chapter 4 to tribal 
                organizations.
                  ``(B) Administrative costs.--Of the amounts reserved 
                under subparagraph (A) for grants to tribal 
                organizations, such part of such grants as the 
                Secretary determines, but not more than 7 percent, may 
                be used by tribal organizations for administrative 
                costs incurred by the tribal organizations to carry out 
                chapter 4.
          ``(2) Allotment of funds for fiscal years 1997-2001.--(A) 
        After reserving funds under paragraph (1), the amount 
        appropriated under subsection (c) of section 381 for fiscal 
        years 1997 through 2001 shall be allotted by the Assistant 
        Secretary among the States as follows:
                  ``(i) For each of the fiscal years 1997, 1998, 1999, 
                2000, and 2001, such amount appropriated for such 
                fiscal year, to the extent such amount does not exceed 
                the amount appropriated for fiscal year 1996 to carry 
                out title V of the Older Americans Act of 1965, shall 
                be allotted among the States proportionately based on 
                the sum of--
                          ``(I) their respective shares of the funds 
                        appropriated for fiscal year 1996 allotted to 
                        the States to carry out such title V, and
                          ``(II) the amount of such funds appropriated 
                        for fiscal year 1996 expended by national 
                        organizations in the States, respectively.
                  ``(ii) If such amount appropriated for any of such 
                fiscal years exceeds the amount appropriated for fiscal 
                year 1996 to carry out title V, the excess amount shall 
                be allotted in accordance with subparagraph (B).
          ``(B) Allotments based on age and per capita income.--Each 
        amount referred to in subparagraph (A)(ii) shall be allotted as 
        follows:
                  ``(i) Subject to clause (ii), each State 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.
                  ``(ii) The amounts allotted under clause (i) shall be 
                reduced proportionately to the extent necessary to 
                increase other allotments under such clause 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, American Samoa, the Virgin 
                        Islands of the United States, and the 
                        Commonwealth of the Northern Mariana Islands 
                        shall each 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.
          ``(C) Allotment percentage.--For purposes of subparagraph 
        (B)(i)--
                  ``(i) except as provided in clause (ii), 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 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
                  ``(ii) 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.
          ``(D) Limitation.-- For purposes of subparagraphs (B)(ii)(I) 
        and (C)(i), the term `State' does not include Guam, American 
        Samoa, the Virgin Islands of the United States, or Commonwealth 
        of the Northern Mariana Islands.
          ``(E) Population and per capita income determinations.--For 
        purposes of this paragraph, 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 Assistant Secretary on 
        the basis of the most satisfactory data available to the 
        Assistant Secretary.
  ``(c) Permitted Use of Allotments.--
          ``(1) Administration of state plans.--(A) Except as provided 
        in subparagraph (B), the greater of 7 percent of the aggregate 
        of the allotments made to a State under subsections (a) and 
        (b), or $800,000, whichever is greater, shall be available to 
        the State to use in accordance with section 306(a) and for 
        administrative costs incurred by the State to carry out chapter 
        4.
          ``(B) In the case of allotments made under subsections (a) 
        and (b) to Guam, American Samoa, the Virgin Islands of the 
        United States, and the Commonwealth of the Northern Mariana 
        Islands, 7 percent of the aggregate of such allotments or 
        $120,000, whichever is greater, shall be available to each to 
        use in accordance with section 306(a) and for administrative 
        costs incurred by the State to carry out chapter 4.
          ``(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, 3, and 4 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 the 
        aggregate of its allotments under subsections (a) and (b).
          ``(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 aggregate of the allotments made under 
        subsections (a) and (b) for such fiscal year.
          ``(D) An application submitted under subparagraph (A) by a 
        State may not be approved unless it contains assurances that no 
        funds received by the State under this subsection will be used 
        to hire any individual to fill a job opening created by the 
        action of the State in laying off or terminating the employment 
        of any regular employee not supported under this Act in 
        anticipation of filling the vacancy so created by hiring an 
        employee to be supported through use of amounts received under 
        this subsection.
          ``(3) Additional uses.--(A) Of the allotments 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 85 percent, of the administrative 
        costs incurred to carry out area plans submitted in accordance 
        with section 305.
          ``(B)(i) Of the allotments made under subsection (a) to a 
        State for a fiscal year and remaining after the application of 
        paragraph (1) and subparagraph (A), such part as the State 
        agency determines, but not more than 5 percent of such 
        remaining amount or $500,000 (whichever is less), may be 
        reserved by the State until June 30 for distribution to area 
        agencies on aging in such State for the delivery of supportive 
        services (and related supplies) during any major disaster 
        declared by the President in accordance with the Robert T. 
        Stafford Disaster Relief and Emergency Assistance Act.
          ``(ii) Any amount reserved under clause (i) that is not 
        distributed in accordance with such clause shall be used as if 
        this subparagraph were not in effect.

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

  ``(a) Eligibility of States.--For a State to be eligible to receive 
funds allotted under section 302(a)--
          ``(1) the State shall, in accordance with rules issued by the 
        Secretary, designate a State agency as the sole State agency 
        to--
                  ``(A) develop a State plan to be submitted to the 
                Assistant Secretary for approval under section 304,
                  ``(B) administer the State plan within the State,
                  ``(C) be responsible for the planning, policy 
                development, administration, coordination, priority 
                setting, and evaluation of all State activities related 
                to carrying out chapters 2 and 3,
                  ``(D) serve as an effective and visible advocate for 
                older individuals by reviewing and commenting on all 
                State plans, budgets, and policies that affect older 
                individuals, and to provide technical assistance to any 
                agency, organization, or association representing the 
                needs of older individuals, and
                  ``(E) except as provided in subsection (e), divide 
                the State into distinct planning and service areas or 
                designate the entire State as a single planning and 
                service area,
          ``(2) the State agency shall--
                  ``(A) designate an area agency on aging for each 
                planning and service area,
                  ``(B) take into account in the development and 
                administration of the State plan for any fiscal year--
                          ``(i) the views of recipients of supportive 
                        services, nutrition services, or community 
                        service employment, or
                          ``(ii) individuals using multipurpose senior 
                        centers,
                as the case may be, provided under such plan,
                  ``(C) after consultation with area agencies and using 
                the best available data, develop and publish for review 
                and comment a formula for distribution within the State 
                of funds received under chapters 2 and 3 that takes 
                into account--
                          ``(i) the geographical distribution of older 
                        individuals in the State, and
                          ``(ii) the distribution among planning and 
                        service areas of older individuals with 
                        greatest economic need and older individuals 
                        with greatest social need, and
                  ``(D) provide an assurance that preference will be 
                given to providing services to older individuals with 
                greatest economic need and older individuals with 
                greatest social need, with particular attention to low-
                income minority individuals, and include proposed 
                methods to carry out the preference in the State plan.
  ``(b) Designation of Area Agencies on Aging.--(1) An area agency on 
aging designated under subsection (a) shall be--
          ``(A) an established office on aging,
          ``(B) any office or agency of a unit of general purpose local 
        government, that is designated to function only for the purpose 
        of serving as an area agency on aging by the chief elected 
        official of such unit,
          ``(C) any office or agency designated by the appropriate 
        chief elected officials of any combination of units of general 
        purpose local government to act only on behalf of such 
        combination for such purpose,
          ``(D) any public or nonprofit private agency in a planning 
        and service area, or any separate organizational unit within 
        such agency, that is under the supervision or direction for 
        this purpose of the designated State agency and that can and 
        will engage only in the planning or provision of a broad range 
        of supportive services, or nutrition services within the 
        planning and service area, or
          ``(E) in the case of a State designated under subsection 
        (a)(1)(E) as a single planning and service area, the State 
        agency,
and shall provide assurance, determined adequate by the State agency, 
that the area agency on aging will have the ability to develop an area 
plan and to carry out, directly or through contractual or other 
arrangements, a program in accordance with the plan within the planning 
and service area.
  ``(2) In designating an area agency on aging within the planning and 
service area or within any unit of general purpose local government 
designated as a planning and service area, the State shall give 
preference to an established office on aging, unless the State agency 
finds that no such office within the planning and service area will 
have the capacity to carry out the area plan.
  ``(c) Due Process.--A State agency shall establish, after 
consultation with area agencies on aging, procedures to provide due 
process to affected parties, if the State agency initiates an action or 
proceeding to change the designation of any designated planning and 
service area or of any designated area agency on aging.
  ``(d) Grandfather Provision.--A State that on or before October 1, 
1980, had designated, with the approval of the Commissioner on Aging, a 
single planning and service area covering all of the older individuals 
in the State, in which the State agency was administering the area 
plan, may after that date designate one or more additional planning and 
service areas within the State to be administered by public or 
nonprofit private agencies or organizations as area agencies on aging. 
The State agency shall continue to perform the functions of an area 
agency on aging for any area of the State not included in a planning 
and service area for which an area agency on aging has been designated.

``SEC. 304. STATE PLANS.

  ``(a) Plan.--Each State, in order to be eligible for grants from its 
allotment under section 302(a) for any fiscal year, 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 contain 
        assurances that the State plan will be based upon area plans 
        developed by area agencies on aging within the State designated 
        under section 303(a)(2)(A) and that the State will prepare and 
        distribute a uniform format for use by area agencies on aging 
        in developing area plans 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 and 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 
        establish a grievance procedure that will afford an opportunity 
        for a hearing upon request to any agency on aging submitting a 
        plan under section 305, to any provider of a service under such 
        a plan, or to any applicant to provide a service under such a 
        plan. The State agency shall establish and publish the 
        procedures for requesting and conducting such hearing.
          ``(5) Fiscal control and fund accounting; conflicts of 
        interest.--(A) The plan shall provide satisfactory assurance 
        that such fiscal control and fund accounting procedures will be 
        adopted as may be necessary to assure proper disbursement of, 
        and accounting for, funds received from allotments made under 
        section 302(a) to the State, including any such funds paid to 
        the recipients of a grant or contract.
          ``(B) The plan shall provide assurances that--
                  ``(i) no individual (appointed or otherwise) involved 
                in the designation of the State agency or an area 
                agency on aging, or in the designation of the head of 
                any subdivision of the State agency or of an area 
                agency on aging, is subject to a conflict of interest 
                prohibited under this subtitle,
                  ``(ii) no officer, employee, or other representative 
                of the State agency or an area agency on aging is 
                subject to a conflict of interest prohibited under this 
                subtitle, and
                  ``(iii) mechanisms are in place to identify and 
                remove conflicts of interest prohibited under this 
                subtitle.
          ``(C) The plan shall provide assurances that the State agency 
        and each area agency on aging will--
                  ``(i) maintain the integrity and public purpose of 
                services provided, and service providers, under the 
                State plan in all contractual and commercial 
                relationships, and
                  ``(ii) demonstrate that the quantity or quality of 
                the services to be provided under the State plan will 
                be enhanced as a result of such contract or such 
                relationship,
          ``(6) Information and assistance services.--The plan shall 
        provide for establishing and maintaining information and 
        assistance services in sufficient numbers to ensure, to the 
        maximum extent practicable, that all older individuals in the 
        State who are not furnished adequate information and assistance 
        services under section 305(a)(3) will have reasonably 
        convenient access to such services.
          ``(7) Limitations.--(A) The plan shall provide that no 
        supportive services, nutrition services, or in-home services 
        will be directly provided by the State agency or an area agency 
        on aging, except when, in the judgment of the State agency--
                  ``(i) provision of such services by the State agency 
                or an area agency on aging is necessary to ensure an 
                adequate supply of such services,
                  ``(ii) such services are directly related to the 
                administrative functions of the State agency or area 
                agency on aging, or
                  ``(iii) such services of comparable quality can be 
                provided more economically by the State agency or area 
                agency on aging.
          ``(B)(i) Subparagraph (A) shall apply to case management 
        services only if such services are provided through an agency 
        (other than the State agency) designated to provide case 
        management services under another law.
          ``(ii) Subparagraph (A) shall not apply with respect to 
        information and assistance services and to outreach.
          ``(8) State long-term care ombudsman program.--Subject to 
        subsection (g), the plan shall provide assurances that the 
        State agency will carry out a State long-term care ombudsman 
        program that complies with all the following specifications:
                  ``(A) Duties.--The State agency shall--
                          ``(i) identify, investigate, and 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,
                          ``(ii) provide services to assist such 
                        residents in protecting the health, safety, 
                        welfare, and rights of such residents,
                          ``(iii) inform such residents about means of 
                        obtaining services provided by providers or 
                        agencies described in clause (i)(II) or 
                        services described in clauses (i),
                          ``(iv) 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,
                          ``(v) 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,
                          ``(vi) provide administrative and technical 
                        assistance to entities designated under 
                        subparagraph (F) to assist the entities in 
                        participating in the program,
                          ``(vii) 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,
                          ``(viii) provide for training program 
                        representatives of the State agency, and
                          ``(ix) carry out such other activities as the 
                        State agency determines to be appropriate.
                  ``(B) Contracts and arrangements.--(i) Except as 
                provided in clause (ii), the State agency may carry out 
                the program, directly, or by contract or other 
                arrangement with any public agency or nonprofit private 
                organization.
                  ``(ii) The State agency may not enter into a contract 
                or other arrangement described in clause (i) 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.
                  ``(C) Designation of local ombudsman entities and 
                representatives.--(i) In carrying out the duties 
                specified in subparagraph (A), 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.
                  ``(ii) 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.
                  ``(iii)(I) The State agency shall establish policies 
                and procedures for monitoring local ombudsman entities 
                designated to carry out the duties specified in 
                subparagraph (A).
                  ``(II) If the entities are grantees, or the 
                representatives are employees, of area agencies on 
                aging, the State agency shall develop the policies 
                after consultation with the area agencies on aging. The 
                policies shall provide for participation and comment by 
                such agencies 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.
                  ``(D) Procedures for access.--The State shall ensure, 
                and shall establish procedures that ensure, that 
                program representatives of the State agency shall 
                have--
                          ``(i) access to long-term care facilities and 
                        residents,
                          ``(ii)(I) appropriate access to review the 
                        medical and social records of a resident, if 
                        the representative 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,
                          ``(iii) 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
                          ``(iv) access to and, on request, copies of 
                        all licensing and certification records 
                        maintained by the State with respect to long-
                        term care facilities.
                  ``(E) 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.
                  ``(F) Disclosure.--(i) 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 subparagraphs 
                (D) and (E).
                  ``(ii) The procedures described in clause (i) shall 
                provide that, subject to clause (iii), the files and 
                records described in clause (i) may be disclosed only 
                at the discretion of the State agency. The procedures 
                described in clause (i) 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.
                  ``(G) 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.
                  ``(H) 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.
                  ``(I) Legal counsel.--The State agency shall ensure 
                that--
                          ``(i)(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
                          ``(ii) the State agency pursues 
                        administrative, legal, and other appropriate 
                        remedies on behalf of such residents.
                  ``(J) 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.
                  ``(K) Noninterference.--The State shall--
                          ``(i) 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,
                          ``(ii) 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
                          ``(iii) provide for appropriate sanctions 
                        with respect to the interference, retaliation, 
                        and reprisals.
          ``(9) Legal assistance.--If a State elects to provide legal 
        assistance, the plan shall contain assurances that with respect 
        to legal assistance that area agencies on aging will--
                  ``(A) enter into contracts with providers of legal 
                assistance that can demonstrate the experience or 
                capacity to deliver legal assistance, and
                  ``(B) attempt to involve the private bar in legal 
                assistance activities authorized under this chapter, 
                including groups within the private bar furnishing 
                services to older individuals on a pro bono and reduced 
                fee basis.
          ``(10) Prevention 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 of elder abuse, neglect, and exploitation, the plan 
        shall--
                  ``(A) contain 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,
                  ``(B) contain an assurance that individuals who 
                provide services to prevent elder abuse, neglect, and 
                exploitation are trained to effectively deal with such 
                reported instances,
                  ``(C) contain an assurance that involuntary or 
                coerced participation in such program by alleged 
                victims, abusers, or members of their households will 
                not be permitted,
                  ``(D) contain 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 except--
                          ``(i) if all parties to such complaint 
                        consent in writing to the release of such 
                        information,
                          ``(ii) if 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
                          ``(iii) upon court order,
                  ``(E) contain 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 
                subparagraph (D),
                  ``(F) contain an assurance that the State agency will 
                coordinate its program 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,
                  ``(G) contain an assurance that older individuals 
                participate in decisions regarding their welfare, and
                  ``(H) specify such other activities that the State 
                agency determines to be beneficial in the prevention of 
                abuse, neglect, or exploitation of older individuals 
                and intends to carry out under such program.
          ``(11) Outreach.--The plan shall provide assurances that the 
        State agency will require outreach efforts that will--
                  ``(A) identify individuals eligible for assistance 
                under chapters 2 and 3, with special emphasis on--
                          ``(i) older individuals residing in rural 
                        areas,
                          ``(ii) older individuals with greatest 
                        economic need,
                          ``(iii) older individuals with greatest 
                        social need,
                          ``(iv) older individuals with severe 
                        disabilities,
                          ``(v) older individuals with limited English-
                        speaking ability,
                          ``(vi) older individuals with Alzheimer's 
                        disease or related disorders with neurological 
                        and organic brain dysfunction (and the 
                        caretakers of such individuals), and
                          ``(vii) low-income minority individuals, and
                  ``(B) inform the older individuals referred to in 
                clauses (i) through (vii) of subparagraph (A), and the 
                caretakers of such individuals, of the availability of 
                such assistance.
          ``(12) Older individuals with disabilities.--The plan shall 
        provide, with respect to the needs of older individuals with 
        disabilities, assurances that the State agency will coordinate 
        planning, identification, assessment of needs, and services for 
        older individuals with disabilities (with particular attention 
        to individuals with severe disabilities) with the State 
        agencies with primary responsibility for individuals with 
        disabilities (including severe disabilities).
          ``(13) Coordination of community-based long-term care 
        services.--The plan shall provide assurances that area agencies 
        on aging will conduct efforts to facilitate the coordination of 
        community-based long-term care services, pursuant to section 
        305(a)(6)(G), for older individuals who--
                  ``(A) reside at home and are at risk of 
                institutionalization because of limitations on their 
                ability to function independently,
                  ``(B) are patients in hospitals and are at risk of 
                prolonged institutionalization, or
                  ``(C) are patients in long-term care facilities, but 
                who can return to their homes if community-based 
                services are provided to them.
          ``(14) Prohibition on misuse of funds.--The plan shall 
        provide assurances that funds received from allotments under 
        section 302(a) will not be used to pay any part of a cost 
        (including an administrative cost) incurred by the State or an 
        area agency on aging to carry out a contract or commercial 
        relationship that is not carried out to implement chapter 2 or 
        3.
          ``(15) Coordination of services; provision of 
        multigenerational services.--The plan shall provide assurances 
        that demonstrable efforts will be made--
                  ``(A) to coordinate services provided under chapters 
                2 and 3 with other State services that benefit older 
                individuals, and
                  ``(B) to provide multigenerational activities, such 
                as opportunities for older individuals to serve as 
                mentors or advisers in programs that provide child 
                care, youth day care, educational assistance, at-risk 
                youth intervention, juvenile delinquency treatment, and 
                family support.
          ``(16) Quality assurance.--The plan shall include assurances 
        that the State has in effect a mechanism to provide for quality 
        in the provision of services under chapters 2 and 3.
          ``(17) Cost sharing.--If the State, after consultation with 
        area agencies on aging, elects to require cost sharing by 
        recipients of services under the State plan (or to require or 
        permit area agencies on aging to require cost sharing by 
        recipients of services under area plans), the plan shall--
                  ``(A) provide that no cost sharing shall be required 
                for--
                          ``(i) information and assistance services, 
                        outreach, benefits counseling, or case 
                        management services, or
                          ``(ii) ombudsman or other protective 
                        services, or
                  ``(B)(i) exempt from cost-sharing requirements 
                individuals with incomes below a low-income threshold 
                set by the State that is not lower than 125 percent of 
                the poverty line,
                  ``(ii) set cost-sharing rates for individuals with 
                incomes above such threshold on a sliding-fee scale 
                based on income,
                  ``(iii) provide that the income of older individuals 
                will be determined by self-declaration, and
                  ``(C) provide that individuals will not be denied a 
                service under the plan because of the inability of such 
                individual to pay a share of the cost of such service.
          ``(18) Solicitation of voluntary contributions.--The plan 
        shall provide that the State will permit area agencies on aging 
        to permit service providers to solicit for services provided 
        under the plan voluntary contributions that--
                  ``(A) are based on the ability of older individuals 
                to make such contributions, and
                  ``(B) will be used to increase, or expand access to, 
                services provided under the plan.
          ``(19) Use of vouchers to obtain services.--(A) Subject to 
        subparagraph (B), the plan shall identify each specific 
        supportive service and each nutrition service, if any, the 
        State agency elects to permit area agencies on aging to provide 
        by issuing vouchers (redeemable by the State agency or area 
        agency on aging) to older individuals to permit such 
        individuals to obtain such service.
          ``(B) A State agency may make an election under subparagraph 
        (A) with respect to a nutrition service only if the plan 
        includes an assurance that--
                  ``(i) such service provided in exchange for vouchers 
                will provide meals that satisfy the requirements 
                specified in section 332(2)(A), and
                  ``(ii) an area agency on aging will be permitted by 
                the State agency to provide such service by issuing 
                such vouchers, only if the area agency on aging is 
                unable to provide such service by contract with a 
                service provider.
  ``(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) Except as provided in 
paragraph (2), the aggregate amount of funds made available under this 
Act that may be expended by a State in any fiscal year--
          ``(A) to carry out the State long-term care ombudsman program 
        described in subsection (a)(8), and
          ``(B) to provide services for the prevention of elder abuse, 
        neglect, and exploitation, described in subsection (a)(10),
may not exceed the amount that bears the same ratio to the aggregate 
amount of funds made available under this Act for such fiscal year to 
carry out chapter 2 as the amount of funds made available under the 
Older Americans Act of 1965 for fiscal year 1995 expended by the State 
to carry out the State long-term care ombudsman programs, and programs 
with respect to the prevention of elder abuse, neglect, and 
exploitation, under title VII and part B of title III of the Older 
Americans Act of 1965 bears to the aggregate amount of funds made 
available under such Act for fiscal year 1995 to carry out such title 
VII and such part B.
  ``(2)(A) If a State demonstrates, in an application, to the 
satisfaction of the Assistant Secretary that the maximum amount 
paragraph (1) permits the State to expend for a fiscal year--
          ``(i) to carry out the State long-term care ombudsman program 
        described in subsection (a)(8), and
          ``(ii) to provide services for the prevention of elder abuse, 
        neglect, and exploitation, described in subsection (a)(10),
is insufficient to satisfy the need for services provided under 
paragraphs (8) and (10) of subsection (a), then the Assistant Secretary 
may grant a waiver that permits the State to expend for such fiscal 
year an amount equal to not more than 150 percent of such maximum 
amount to provide services under such paragraphs.
  ``(B) At a minimum, the application described in subparagraph (A) 
shall include a description of the additional amount requested to be so 
expended, the purposes for which such amount will be expended, the need 
for such amount, and the impact so expending such amount will have on 
the provision of other services provided under chapter 2. The Assistant 
Secretary shall approve or deny the application in writing.

``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, the 
                number of older individuals who have greatest economic 
                need residing in such area, the number of older 
                individuals who have greatest social need residing in 
                such area, the number of older individuals residing on 
                reservations in such area, and the number of older 
                individuals who are Indians residing in such area, and 
                the efforts of voluntary organizations in the 
                community),
                  ``(C) evaluating the effectiveness of the use of 
                resources in meeting such need, and
                  ``(D) entering into agreements with providers of 
                supportive services, nutrition services, or 
                multipurpose senior centers in such area, for the 
                provision of such services or centers to meet such 
                need.
          ``(2) Promotion of independent living.--The plan shall 
        promote independent living through the provision of home- and 
        community-based care, address the nutrition and health-
        promotion needs of older individuals, provide advocacy for and 
        protect the rights of vulnerable older individuals in both 
        community-based and institutional settings, specify efforts to 
        be undertaken to ensure the quality of supportive services and 
        nutrition services provided in such settings, enhance access to 
        services provided under the plan, and encourage community 
        participation in carrying out the plan.
          ``(3) Information and assistance services.--The plan shall 
        provide for the establishment and maintenance of information 
        and assistance services to ensure that older individuals within 
        the planning and service area covered by the plan will have 
        reasonably convenient access to such services, with particular 
        emphasis on linking services available to isolated older 
        individuals and older individuals with Alzheimer's disease or 
        related disorders with neurological and organic brain 
        dysfunction (and the caretakers 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, older individuals with greatest 
        social need, and older individuals residing in rural areas.
          ``(B) The plan shall contain assurances that the area agency 
        on aging will use outreach efforts that will--
                  ``(i) identify individuals eligible for assistance 
                under chapters 2 and 3, with special emphasis on--
                          ``(I) older individuals residing in rural 
                        areas,
                          ``(II) older individuals with greatest 
                        economic need,
                          ``(III) older individuals with greatest 
                        social need,
                          ``(IV) older individuals with severe 
                        disabilities,
                          ``(V) older individuals with limited English-
                        speaking ability,
                          ``(VI) older individuals with Alzheimer's 
                        disease or related disorders with neurological 
                        and organic brain dysfunction (and the 
                        caretakers of such individuals), and
                          ``(VII) low-income minority individuals, and
                  ``(ii) inform the older individuals referred to in 
                subclauses (I) through (VII) of clause (i), and the 
                caretakers of such individuals, of the availability of 
                such assistance.
          ``(5) Evaluations; 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 subtitles A and C of title IV.
          ``(7) Prevention of the abuse, neglect, or exploitation of 
        older individuals.--If the area agency on aging elects to 
        provide a program to prevent 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 to 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 a provision, to consumers, of a list of 
                available service providers for appropriate care in the 
                planning and service area served by such agency,
                  ``(D) be provided in a manner that gives a consumer 
                the right to choose a provider of preference, and
                  ``(E) be provided by--
                          ``(i) a public agency, or
                          ``(ii) a nonprofit private agency that--
                                  ``(I) does not provide, and does not 
                                have a direct or indirect ownership or 
                                controlling interest in, or a direct or 
                                indirect affiliation or relationship 
                                with, an entity that provides, services 
                                (other than case management services, 
                                outreach, and information and referral) 
                                under this title,
                                  ``(II) is located in a rural area and 
                                obtains a waiver of the requirement 
                                described in subclause (I), or
                                  ``(III) is a community-based 
                                organization that is described in 
                                section 501(c)(3) of the Internal 
                                Revenue Code of 1986, that is exempt 
                                from taxation under section 501(a) of 
                                such Code, and that is located in a 
                                planning and service area in which an 
                                area agency on aging made a contract 
                                with 1 or more nonprofit private 
                                agencies to provide case management 
                                services in fiscal year 1992 under the 
                                Older Americans Act of 1965.
          ``(13) Cost sharing.--The plan shall contain assurances that 
        any requirements for cost sharing by recipients of services 
        provided under the plan will be consistent with those 
        provisions of the State plan that satisfy the requirement 
        specified in section 304(a)(17).
          ``(14) Older individuals with disabilities.--The plan shall 
        provide, with respect to the needs of older individuals with 
        disabilities, assurances that the area agency will coordinate 
        planning, identification, assessment of needs, and services for 
        older individuals with disabilities (with particular attention 
        to individuals with severe disabilities) with the State agency.
          ``(15) Telephone listing.--The plan shall contain an 
        assurance that the area agency on aging will list the telephone 
        number of such agency in each telephone directory that is 
        published, by the provider of local telephone service, for 
        residents in any geographical area that lies in whole or in 
        part in the service and planning area served by such agency--
                  ``(A) under the name `Area Agency on Aging',
                  ``(B) in the unclassified section of the directory, 
                and
                  ``(C) to the extent possible, in the classified 
                section of the directory, under a subject heading 
                designated by the Assistant Secretary by regulation.
  ``(b) Preservation of Attorney-Client Privilege.--An area agency on 
aging may not require any provider of legal assistance under this 
chapter to reveal any information that is protected by the attorney-
client privilege.
  ``(c) State Authority To Withhold Funds.--(1) If the head of a State 
agency finds that an area agency on aging has failed to comply with 
Federal or State laws, including the area plan requirements of this 
section, rules, or policies, the State may withhold from the area 
agency on aging a portion of the funds available under the allotment 
made under section 302(a).
  ``(2)(A) The head of a State agency shall not make a final 
determination withholding funds under paragraph (1) without first 
affording the area agency on aging due process in accordance with 
procedures established by the State agency.
  ``(B) At a minimum, such procedures shall include procedures for--
          ``(i) providing notice of an action to withhold funds,
          ``(ii) providing documentation of the need for such action, 
        and
          ``(iii) at the request of the area agency on aging, 
        conducting a public hearing concerning such action.
  ``(3)(A) If a State agency withholds the funds under paragraphs (1) 
and (2), the State agency may use the funds withheld to directly 
administer programs under chapters 2 and 3 in the planning and service 
area served by the area agency on aging for a period not to exceed 180 
days, except as provided in subparagraph (B).
  ``(B) If the State agency determines that the area agency on aging 
has not taken corrective action, or if the State agency does not 
approve the corrective action, during the 180-day period described in 
subparagraph (A), the State agency may extend the period for not more 
than 90 days.

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

  ``(a) Grants for State Activities.--(1) Amounts available to States 
under section 302(c)(1) may be used to make grants to States to pay 
such percentage as each State agency determines, but not more than 85 
percent, of the cost of the administration of its State plan, 
including--
          ``(A) the preparation of the State plan,
          ``(B) the evaluation of activities carried out under such 
        plan,
          ``(C) the collection of data and the carrying out of analyses 
        related to the need for supportive services, nutrition services 
        (taking into consideration the comparative need for home-
        delivered nutrition services and for congregate nutrition 
        services), multipurpose senior centers, and community service 
        employment within the State, and dissemination of information 
        so obtained,
          ``(D) the provision of short-term training to personnel of 
        public or nonprofit private agencies and organizations engaged 
        in the operation of programs, projects, and activities 
        authorized by chapters 2 and 3, and
          ``(E) and the carrying out of demonstration projects of 
        statewide significance relating to the initiation, expansion, 
        or improvement of services and activities provided under 
        chapters 2 and 3.
  ``(2) Any funds available to a State under subsection (b) for part of 
the cost of the administration of its State plan that the State 
determines is not needed for such purpose may be used by the State to 
supplement the amount available under section 302(c)(3)(A) to cover 
part of the cost of the administration of area plans.
  ``(3) The portion of the allotment made available under section 
302(c)(1) to a State for any fiscal year, that the State determines 
will not be required by the State for such year for the purposes 
described in paragraph (1) shall be available to the State to provide 
services under chapter 2, chapter 3, or both, in the State.
  ``(4) Any State that is designated under section 303(a)(1)(E) a 
single planning and service area covering all, or substantially all, of 
the older individuals in the State, as determined by the Assistant 
Secretary, may elect to pay part of the costs of the administration of 
State and area plans either out of the amount of funds received under 
this section or out of the amount of funds made available for the 
administration of area plans under section 302(c)(3)(A), but shall not 
pay such costs out of both such amounts.
  ``(b) Authority To Transfer Funds.--(1)(A) Notwithstanding any other 
provision of this subtitle and except as provided in subparagraph (B), 
of the funds received by a State attributable to funds appropriated 
under subsections (a) and (b) of section 381, the State (after 
consultation with area agencies on aging and with service providers) 
may elect to transfer not more than 25 percent for any fiscal year 
between programs under chapter 2 and programs under chapter 3 for use 
as the State considers appropriate. The State shall notify the 
Assistant Secretary of any such election.
  ``(B) If a State demonstrates in an application, to the satisfaction 
of the Assistant Secretary, that funds received by the State and 
attributable to funds appropriated under subsections (a) and (b) of 
section 381, (including funds transferred under subparagraph (A) 
without regard to this subparagraph) for any fiscal year are 
insufficient to satisfy the need for services under chapter 2 or 3, 
then the Assistant Secretary may grant a waiver that permits the State 
to transfer under subparagraph (A) to satisfy such need an additional 
25 percent of the funds so received for such fiscal year.
  ``(C) At a minimum, the application described in subparagraph (B) 
shall include a description of the amount to be transferred, the 
purposes of the transfer, the need for the transfer, and the impact of 
the transfer on the provision of services from which the funding will 
be transferred. The Assistant Secretary shall approve or deny the 
application in writing.
  ``(2) After consultation with service providers, a State agency may 
delegate to an area agency on aging or any other entity the authority 
to make a transfer under paragraph (1).
  ``(3) The Assistant Secretary shall annually collect, and include in 
the report required by section 116, data regarding the transfers 
described in paragraph (1), including--
          ``(A) the amount of funds involved in the transfers, analyzed 
        by State,
          ``(B) in the case of transfers described in paragraph (1), 
        the effect of the transfers on the provision of services 
        provided under--
                  ``(i) chapter 2, and
                  ``(ii) chapter 3, including the effect on the number 
                of meals served.

``SEC. 307. PAYMENTS.

  ``Payments of grants, or under contracts, made under chapters 2 and 3 
may be made (after necessary adjustments resulting from previously made 
overpayments or underpayments) in advance or by way of reimbursement, 
and in such installments, as the Assistant Secretary may determine.

    ``CHAPTER 2--SUPPORTIVE SERVICES AND MULTIPURPOSE SENIOR CENTERS

``SEC. 321. PROGRAM AUTHORIZED.

  ``(a) Supportive Services.--The Assistant Secretary shall carry out a 
program for making grants to States under State plans approved under 
section 304 for any of the following supportive services that are 
necessary for the general welfare of older individuals:
          ``(1) Health (including mental health), education and 
        training, welfare, informational, recreational, homemaker, 
        counseling, or referral services.
          ``(2) Services designed to encourage and assist older 
        individuals to use the facilities and services (including 
        information and assistance services) available to them, 
        including language translation services to assist older 
        individuals with limited-English speaking ability to obtain 
        services under this chapter.
          ``(3) Services designed--
                  ``(A) to assist older individuals to obtain adequate 
                housing, including residential repair and renovation 
                projects designed to enable older individuals to 
                maintain their homes in conformity with minimum housing 
                standards,
                  ``(B) to adapt homes to meet the needs of older 
                individuals with disabilities,
                  ``(C) to prevent unlawful entry into residences of 
                older individuals, through the installation of security 
                devices and through structural modifications or 
                alterations of such residences, or
                  ``(D) to receive applications from older individuals 
                for housing under section 202 of the Housing Act of 
                1959 (12 U.S.C. 1701Q) or under any federally assisted 
                housing program designed to assist older individuals.
          ``(4) Services designed to assist older individuals to avoid 
        institutionalization, and services designed to assist 
        individuals in long-term care institutions who are able to 
        return to their communities, including--
                  ``(A) client assessment services, and development and 
                coordination of community-based services,
                  ``(B) in-home services for frail older individuals, 
                including services for older individuals with 
                Alzheimer's disease and related disorders with 
                neurological and organic brain dysfunction (and for 
                families of such individuals),
                  ``(C) supportive activities to meet the special needs 
                of caregivers, including caregivers who provide in-home 
                services to frail older individuals, and
                  ``(D) in-home and other community-based services to 
                assist older individuals to live independently in a 
                home environment, including home health, homemaker, 
                shopping, escort, reader, and letter-writing services.
          ``(5) Services designed to provide to older individuals 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.
          ``(6) Services designed to enable older individuals to attain 
        and maintain physical and mental well-being through programs of 
        regular physical activity,
          ``(7) Activities designed to promote disease prevention and 
        health promotion.
          ``(8) 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.
          ``(9) 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.
          ``(10) 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.
          ``(11) Services to encourage the employment of older 
        individuals, including job and second career counseling and, 
        where appropriate, job development, referral, and placement.
          ``(12) Services for the prevention of abuse, neglect, or 
        exploitation of older individuals.
          ``(13) Crime prevention services and victim assistance 
        programs for older individuals.
          ``(14) Health and nutrition education services, including 
        information concerning prevention, diagnosis, treatment, and 
        rehabilitation of age-related diseases and chronic disabling 
        conditions.
          ``(15) 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.
          ``(16) 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.
          ``(17) 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.
          ``(18) Services to assist in the operation of multipurpose 
        senior centers.
          ``(19) Services that provide reasonable opportunities for 
        older individuals to participate on a voluntary basis in 
        multigenerational activities.
          ``(20) Transportation services to facilitate access to the 
        services authorized by this subsection to be provided.
          ``(21) Any other services.

                    ``CHAPTER 3--NUTRITION SERVICES

``SEC. 331. PROGRAM AUTHORIZED.

  ``(a) Nutrition Services.--The Assistant Secretary shall carry out a 
program for making grants to States under State plans approved under 
section 304 for the establishment and operation of nutrition projects 
that 5 or more days a week (except in a rural area where such frequency 
is not feasible) and a lesser frequency when it is approved by the 
State agency, provide--
          ``(1) meals to eligible individuals in congregate meals 
        settings,
          ``(2) meals to eligible individuals in their homes, and
          ``(3) meals to eligible individuals in adult day care 
        settings.
  ``(b) Requirements.--(1) Meals served to eligible individuals under 
subsection (a)(3) may be hot, cold, frozen, dried, canned, or 
supplemental foods (with a satisfactory storage life).
  ``(2) Meal providers shall provide eligible older individuals with at 
least 1 meal per day and any additional meals per day that the 
recipient of a grant or contract under this chapter may elect to 
provide.

``SEC. 332. ADDITIONAL REQUIREMENTS.

  ``A State that establishes and operates a nutrition project under 
this chapter shall--
          ``(1) solicit the advice of a dietitian or individual with 
        comparable expertise in the planning of nutritional services, 
        and
          ``(2) ensure that the project--
                  ``(A) provides meals that--
                          ``(i) comply with the Dietary Guidelines for 
                        Americans, published by the Secretary and the 
                        Secretary of Agriculture,
                          ``(ii) provide to each participating older 
                        individual--
                                  ``(I) a minimum of 33\1/3\ percent of 
                                the daily recommended dietary 
                                allowances as established by the Food 
                                and Nutrition Board of the Institute of 
                                Medicine of the National Academy of 
                                Sciences, if the project provides 1 
                                meal per day,
                                  ``(II) a minimum of 66\2/3\ percent 
                                of the allowances if the project 
                                provides 2 meals per day, and
                                  ``(III) 100 percent of the allowances 
                                if the project provides 3 meals per 
                                day, and
                          ``(iii) to the maximum extent practicable, 
                        are adjusted to meet any special dietary needs 
                        of program participants,
                  ``(B) provides flexibility to local nutrition 
                providers in designing meals that are appealing to 
                program participants,
                  ``(C) encourages providers to enter into contracts 
                that limit the amount of time meals must spend in 
                transit before they are consumed,
                  ``(D) where feasible, encourages arrangements with 
                schools and other facilities serving meals to children 
                in order to promote intergenerational meal programs,
                  ``(E) provides that meals, other than in-home meals, 
                are provided in settings in as close proximity to the 
                majority of eligible older individuals' residences as 
                feasible,
                  ``(F) ensures that meal providers carry out such 
                project with the advice of dietitians (or individuals 
                with comparable expertise), meal participants, and 
                other individuals' knowledgeable with regard to the 
                needs of older individuals,
                  ``(G) ensures that each participating area agency on 
                aging establishes procedures that allow nutrition 
                project administrators the option to offer a meal, on 
                the same basis as meals provided to participating older 
                individuals, to individuals providing volunteer 
                services during the meal hours, and to individuals with 
                disabilities who reside at home with and accompany 
                older individuals eligible under this chapter,
                  ``(H) ensures that nutrition services will be 
                available to older individuals and to their spouses, 
                and may be made available to individuals with 
                disabilities who are not older individuals but who 
                reside in housing facilities occupied primarily by 
                older individuals at which congregate nutrition 
                services are provided, and
                  ``(I) provide for nutrition screening and, where 
                appropriate, for nutrition education and counseling.

     ``CHAPTER 4--COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS

``SEC. 351. SHORT TITLE.

  ``This chapter may be cited as the `Older American Community Service 
Employment Act of 1996'.

``SEC. 352. OLDER AMERICAN COMMUNITY SERVICE EMPLOYMENT PROGRAM.

  ``(a) Authority for Program.--(1) With funds allotted under section 
302(b), the Assistant Secretary shall make grants to eligible States 
and tribal 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) Not less than 85 percent of each grant made under paragraph 
(1) shall be used to pay wages and benefits for older individuals who 
are employed under agreements made under subsection (b).
  ``(B) The amount of such grant remaining (if any) after the 
application of section 302(c) and subparagraph (A) may be used to pay 
other employment-related costs relating to such individuals, including 
costs incurred--
          ``(i) to perform the assessment described in subsection 
        (c)(2)(K),
          ``(ii) to provide the training described in subsection 
        (c)(2)(H),
          ``(iii) to provide counseling to such individuals,
          ``(iv) to provide supportive services to such individuals,
          ``(v) to pay transportation costs,
          ``(vi) to evaluate such individuals for continued 
        participation in such employment,
          ``(vii) to pay incidental costs of attire and tools for such 
        individuals, necessarily incurred to enable such individuals to 
        participate in a project carried out under an agreement made 
        under subsection (b), and
          ``(viii) to provide physical examinations to such 
        individuals.
  ``(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 tribal organization shall submit to 
the Assistant Secretary an application in such form and containing such 
information as the Assistant Secretary may require by rule, including 
an assurance that such grant will be used by the State or tribal 
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 and performance goals the State or 
tribal organization shall establish:
          ``(1) Agreements may be made by the State or tribal 
        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, that received 
                funds in fiscal year 1995 under section 502 of the 
                Older Americans Act of 1965,
        to pay the cost of providing part-time employment to older 
        individuals described in subsection (a).
          ``(2) At the election of the State or tribal 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 on a competitive 
        basis and 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 chapter.
                  ``(B) The ability to meet applicable specifications 
                and performance goals referred to in subsection (b).
                  ``(C) The ability to provide 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 tribal organization toward the cost of 
        the project unless the State or tribal 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 Assistant 
                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 chapter, 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 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.
                  ``(J) 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.
                  ``(K) 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.
                  ``(L) 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.
                  ``(M) In providing employment opportunities under the 
                project, such entity will give priority to low-income 
                individuals who are 60 years of age or older.
  ``(d) Special Consideration.--(1) For purposes of making agreements 
under subsection (b)(1), the State or tribal organization shall give 
special consideration to entities that received funds under 502(b) of 
the Older Americans Act of 1965 for fiscal year 1995 and that 
demonstrate effectiveness in carrying out projects in fiscal year 1995 
under title V of such Act to provide employment opportunities for older 
individuals.
  ``(2) For purposes of paragraph (1), such effectiveness shall be 
deemed to be demonstrated if such entity demonstrates that is has--
          ``(A) in existence coordination agreements or other effective 
        linkages between such entity and Federal, State, and local 
        employment and training programs,
          ``(B) in existence effective linkages between such entity and 
        private entities that promote employment and training 
        opportunities for older individuals,
          ``(C) a record of successfully placing such individuals in 
        employment positions for which no financial assistance is 
        provided under this chapter, and
          ``(D) a record of successfully meeting the need for community 
        service employment in the community served by such entity in 
        such community.
  ``(e) Prerequisite Determination.--(1) To effectively carry out 
subsection (b) and after consultation with the appropriate area 
agencies on aging and with other organizations that received funds 
under this chapter in the preceding fiscal year, a State or tribal 
organization that receives a grant under subsection (a) for a fiscal 
year shall make a determination--
          ``(A) identifying the localities in the State, or on an 
        Indian reservation in the case of a tribal organization, in 
        which projects described in subsection (b) are most needed,
          ``(B) 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
          ``(C) identify potential projects and the number and 
        percentage of such individuals in the local population.
  ``(2) The State or tribal organization shall coordinate the projects 
assisted under this chapter with--
          ``(A) other programs, projects, and activities carried out 
        under this Act,
          ``(B) federally supported job training programs, and
          ``(C) other Federal and State employment programs,
to increase employment opportunities available to older individuals.
  ``(3) To the maximum extent practicable, the State shall ensure that 
entities that carry out projects under agreements made under subsection 
(b) provide employment under this chapter to older individuals who 
immediately before the effective date of this chapter were employees 
under an agreement made under section 502(b) of the Older Americans Act 
of 1965.
  ``(f) Equitable Use of Funds.--To the maximum extent practicable, the 
State shall use funds available to carry out this chapter to make 
agreements under subsection (b) in an equitable manner, taking into 
consideration the number of eligible older individuals in the various 
geographical areas and the relative distribution of such individuals 
among urban and rural areas.
  ``(g) 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.
  ``(h) Alternative Work Modes; Technical Assistance.--States and 
tribal organizations 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.
  ``(i) Report.--If for a fiscal year a State or tribal organization 
elects under subsection (b) to make agreements described in paragraph 
(2) of such subsection, the State or tribal organization shall submit 
to the Assistant Secretary a report describing the projects carried out 
under such agreements.
  ``(j) Rules.--The Secretary shall issue, and amend from time to time, 
rules that require States and tribal organizations that receive grants 
under subsection (a) to establish, to the maximum extent practicable, 
for projects carried out under this chapter the goal of annually 
placing not less than 20 percent of project participants in employment 
positions for which no financial assistance is provided under this 
chapter.

``SEC. 353. PARTICIPANTS NOT FEDERAL EMPLOYEES.

  ``(a) Project Participants.--Older individuals described in section 
352(a) who participate in a project assisted under this chapter 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 
chapter with a contractor who is, or whose employees are, under State 
law, exempted from operation of the State workmen's compensation law, 
generally applicable to employees, unless the contractor shall 
undertake to provide either through insurance by a recognized carrier, 
or by self-insurance, as authorized by State law, that the individuals 
employed under the contract shall enjoy workmen's compensation coverage 
equal to that provided by law for covered employment.

``SEC. 354. 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 chapter 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.

             ``Subtitle B--Authorization of Appropriations

``SEC. 381. AUTHORIZATION OF APPROPRIATIONS.

  ``(a) Supportive Services and Multipurpose Senior Centers.--There are 
authorized to be appropriated to carry out chapter 2 of subtitle A 
$300,638,000 for fiscal year 1997 and such sums as may be necessary for 
fiscal years 1998, 1999, 2000, and 2001.
  ``(b) Nutrition Services.--There are authorized to be appropriated to 
carry out chapter 3 of subtitle A $461,111,000 for fiscal year 1997 and 
such sums as may be necessary for fiscal years 1998, 1999, 2000, and 
2001.
  ``(c) Community Service Employment.--There are authorized to be 
appropriated to carry out chapter 4 of subtitle A $350,000,000 for 
fiscal year 1997 and such sums as may be necessary for fiscal years 
1998, 1999, 2000, and 2001.

``SEC. 382. ADDITIONAL FUNDS AVAILABLE FOR NUTRITION SERVICES.

  ``(a) Funds Available.--In addition to the amount appropriated under 
section 381(b), and to provide nutrition services under subtitle A and 
title II for each of the fiscal years 1997, 1998, 1999, 2000, and 2001, 
the amount appropriated under subsection (e) for such fiscal year shall 
be made available to the Assistant Secretary by the Secretary of 
Agriculture.
  ``(b) Division of Funds.--The Assistant Secretary shall divide the 
funds made available under subsection (a) so that--
          ``(1) 98.9 percent of such funds is allotted in accordance 
        with subsection (c) to provide nutrition services under 
        subtitle A, and
          ``(2) the balance is available to make grants under title II 
        to provide nutrition services.
  ``(c) Allotment Based on Meals Served.--
          ``(1) In general.--In providing funds for nutrition services 
        under subsection (b)(1) for a fiscal year, the Assistant 
        Secretary shall allot such funds among States based on number 
        of meals served, as specified in paragraph (2).
          ``(2) Calculation.--The Assistant Secretary shall allot to 
        each State for a fiscal year the amount that bears the same 
        ratio to such 98.9 percent as the number of meals served in the 
        State under this section or under section 311 of the Older 
        Americans Act of 1965 (as in effect immediately before the 
        effective date of this section), as appropriate, for the 
        preceding fiscal year bears to the number of meals served in 
        all States under this section or such section 311, as 
        appropriate, for such preceding fiscal year.
  ``(d) Election To Receive Commodities in Lieu of Cash.--
          ``(1) Election.--A State to which funds are allotted under 
        subsection (b)(1), or a recipient of a grant referred to in 
        subsection (b)(2), may elect to receive commodities in lieu of 
        all or part of such funds or of such grant.
          ``(2) Purchase of commodities from the secretary of 
        agriculture.--If a State or grant recipient makes a timely 
        election under paragraph (1), the Assistant Secretary shall use 
        the amount of such funds designated by the State, or of such 
        grant designated by the grant recipient, to purchase 
        commodities from the Secretary of Agriculture and to make such 
        commodities available to the State or grant recipient.
  ``(e) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $154,950,000 for fiscal year 
1997 and such sums as may be necessary for fiscal years 1998, 1999, 
2000, and 2001.

          ``TITLE IV--NATIONAL SENIOR VOLUNTEER SERVICE CORPS

``SEC. 401. STATEMENT OF PURPOSES.

  ``It is the purpose of--
          ``(1) this title to provide for the National Senior Volunteer 
        Service Corps, comprised of the Retired and Senior Volunteer 
        Program, the Foster Grandparent Program, and the Senior 
        Companion Program, that empowers older individuals to 
        contribute to their communities through volunteer service, 
        enhances the lives of the volunteers and those whom they serve, 
        and provides communities with valuable services,
          ``(2) subtitle A, the Retired and Senior Volunteer Program, 
        to utilize the vast talents of older individuals willing to 
        share their experiences, abilities, and skills in responding to 
        a wide variety of community needs,
          ``(3) subtitle B, the Foster Grandparent Program, to afford 
        low-income older individuals an opportunity to provide 
        supportive, individualized services to children with 
        exceptional or special needs, and
          ``(4) subtitle C, the Senior Companion Program, to afford 
        low-income older individuals the opportunity to provide 
        personal assistance and companionship to other older 
        individuals through volunteer service.

           ``Subtitle A--Retired and Senior Volunteer Program

``SEC. 411. GRANTS AND CONTRACTS FOR VOLUNTEER SERVICE PROJECTS.

  ``(a) Authority To Make Grants and Contracts.--To carry out a Retired 
and Senior Volunteer Program under this subtitle to help retired 
individuals and working older individuals to avail themselves of 
opportunities for volunteer service in their community, the Assistant 
Secretary may make grants to State agencies, or grants to or contracts 
with other public and nonprofit private agencies and organizations, to 
pay part or all of the costs for the development, operation, or both, 
of volunteer service projects under this subtitle, if the Assistant 
Secretary determines, in accordance with rules the Assistant Secretary 
shall prescribe, the following:
          ``(1) Limitation on reimbursement.--Volunteers will not be 
        reimbursed for other than transportation, meals, and other out-
        of-pocket expenses incident to providing services under this 
        subtitle.
          ``(2) Eligible individuals.--Only older individuals will be 
        enrolled, and individuals 60 years of age or older will be 
        given priority for enrollment, as volunteers to provide 
        services under this subtitle (except for administrative 
        purposes) in the communities where such individuals reside or 
        in nearby communities in either--
                  ``(A) publicly owned and operated facilities or 
                projects, or
                  ``(B) local projects sponsored by nonprofit private 
                agencies and organizations (other than political 
                parties), other than projects involving the 
                construction, operation, or maintenance of so much of 
                any facility as is used, or is to be used for sectarian 
                instruction or as a place for religious worship,
          ``(3) Training.--Such projects include such short-term 
        training as may be necessary to make the most effective use of 
        the skills and talents of participating volunteers and 
        individuals, and provide for the payment of the reasonable 
        expenses of such volunteers while undergoing such training, and
          ``(4) Advice required.--Such projects are being established 
        and will be carried out with the advice of persons competent in 
        the fields of service involved, and persons with interest in 
        and knowledge of the needs of older individuals.
  ``(b) Local Contribution.--The required local contribution (including 
any in-kind contribution) to the cost of a project for which a grant or 
contract is made under this section shall be--
          ``(1) 10 percent in the 1st year for which such grant or 
        contract is made for such project,
          ``(2) 20 percent in the 2nd year for which such grant or 
        contract is made for such project, and
          ``(3) 30 percent in any subsequent year for which such grant 
        or contract is made for such project,
except that the Assistant Secretary may waive all or part of such local 
contribution in cases of demonstrated need, determined (in accordance 
with rules which the Assistant Secretary shall issue) on the basis of 
the financial capability of a particular recipient of such grant or 
contract, to permit a lesser local contribution than any required 
percentage contribution established by the Assistant Secretary in 
generally applicable rules.
  ``(c) State Review of Application.--The Assistant Secretary shall not 
make a grant to or contract with any agency or organization under this 
subtitle for a project in any State unless, if such State has a State 
agency designated under section 303(a)(1), such State agency is the 
recipient of the grant or contract, or such State agency has been 
afforded at least 45 days in which to review the project application 
and make recommendations thereon.
  ``(d) Service Not Deemed Employment.--Notwithstanding any other 
provision of law, volunteer service under this subtitle shall not be 
deemed to be employment for any purpose which the Assistant Secretary 
finds is not fully consistent with the provisions, and in furtherance, 
of the purpose of this subtitle.

                ``Subtitle B--Foster Grandparent Program

``SEC. 421. GRANTS AND CONTRACTS FOR VOLUNTEER SERVICE PROJECTS.

  ``(a) Authority To Make Grants and Contracts.--(1)(A) To carry out a 
Foster Grandparent Program under this subtitle, the Assistant Secretary 
may make grants to or contracts with public and nonprofit private 
agencies and organizations to pay part or all of the cost of 
development and operation of projects (including direct payments to 
individuals serving under this subtitle) designed to provide 
opportunities for low-income older individuals to serve as foster 
grandparents under this subtitle to provide supportive person-to-person 
services in health, education, welfare, and related settings to 
children having exceptional needs. Such services may include services 
by older individuals serving as foster grandparents under this subtitle 
to children who are individuals with disabilities, who have chronic 
health conditions, who are receiving care in hospitals, who are 
residing in homes for dependent and neglected children, or who are 
receiving services provided by day-care centers, schools, early 
intervention programs under part H of the Individuals with Disabilities 
Education Act (20 U.S.C. 1471 et seq.), Head Start agencies under the 
Head Start Act (20 U.S.C. 9831 et seq.), or any of a variety of other 
programs, establishments, and institutions providing services for 
children with special or exceptional needs. Older individuals serving 
as foster grandparents under this subtitle may provide person-to-person 
services to one or more children, depending on the needs of the project 
and local site.
  ``(B) Only older individuals will be enrolled, and individuals 60 
years of age or older will be given priority for enrollment as 
volunteers to provide services under this subtitle.
  ``(2)(A) The Assistant Secretary may provide assistance in excess of 
90 percent of the cost of the development and operation of such 
projects only if the Assistant Secretary determines, in accordance with 
rules the Assistant Secretary shall issue establishing objective 
criteria, that such action is required in furtherance of the purpose of 
this subtitle.
  ``(B) In the case of any project with respect to which, before 
September 19, 1972, a grant or contract has been made under section 
611(a) of the Older Americans Act of 1965, as in effect before that 
date or with respect to any project under the Foster Grandparent 
program in effect before September 17, 1969, contributions in cash or 
in kind from the Bureau of Indian Affairs of the Department of the 
Interior toward the cost of the project may be counted as part of the 
cost thereof which is met from non-Federal sources.
  ``(b) Selection of Recipient Children.--(1) Any public or nonprofit 
private agency or organization responsible for providing person-to-
person services to a child in a project carried out under subsection 
(a) shall have the exclusive authority to determine, pursuant to 
paragraph (2)--
          ``(A) which children may receive supportive person-to-person 
        services under such project, and
          ``(B) the period of time during which such services shall be 
        continued in the case of each individual child.
  ``(2) If such agency or organization determines that it is in the 
best interests of a mentally retarded child receiving, and of a 
particular foster grandparent providing, services in such a project, 
such relationship may be continued after the child reaches the 
chronological age of 21 if such child was receiving such services 
before attaining the chronological age of 21. If the particular foster 
grandparent subject to the determination under this paragraph becomes 
unavailable to serve after such determination is made, such agency or 
organization may select another foster grandparent.
  ``(3) Any determination made by a public or nonprofit private agency 
or organization under paragraphs (1) and (2) shall be made through 
mutual agreement by all parties involved with respect to the provision 
of services to the child involved.
  ``(c) Allowances, Stipends, and Other Support.--(1) The Assistant 
Secretary, in accordance with rules the Assistant Secretary shall 
issue, may provide to low-income older individuals serving as foster 
grandparents under this subtitle, such allowances, stipends, and other 
support as the Assistant Secretary determines are necessary to carry 
out the purpose of this subtitle.
  ``(2) Any stipend or allowance provided under this section shall be 
not less than $2.45 per hour and shall be adjusted once before December 
31, 1997, to account for inflation, as determined by the Assistant 
Secretary and rounded to the nearest 5 cents, except that--
          ``(A) such stipend or allowance shall not be increased as a 
        result of an amendment made to this paragraph unless the funds 
        appropriated for carrying out this subtitle are sufficient to 
        maintain for the fiscal year in question a number of 
        participants to serve under this subtitle at least equal to the 
        number of such participants serving during the preceding fiscal 
        year, and
          ``(B) if sufficient appropriations for any fiscal year are 
        not available to increase any such stipend or allowance 
        provided to the minimum hourly rate specified in this 
        paragraph, the Assistant Secretary shall increase the stipend 
        or allowance to such amount as appropriations for such year 
        permit consistent with subparagraph (A).
  ``(3) In establishing the amount of, and the effective date for, an 
adjustment under paragraph (2), the Assistant Secretary, in 
consultation with appropriate Federal agencies, shall consider the 
effect such adjustment will have on the ability of nonfederally funded 
volunteer programs similar to the programs under this title to maintain 
their current level of volunteer hours.
  ``(d) Special Consideration.--Older individuals whose income is 
described in section 102(34)(B)(ii) shall be given special 
consideration for participation in projects under this subtitle.
  ``(e) Volunteers Who Are Not Low-Income Older Individuals.--(1)(A) 
Except as provided in subparagraphs (B) and (C), individuals who are 
not low-income older individuals may serve as volunteers under this 
subtitle, in accordance with such rules as the Assistant Secretary 
shall issue, if such individuals serve without receiving any allowance, 
stipend, or other financial support under this subtitle except 
reimbursement for transportation, meals, and out-of-pocket expenses 
incident to serving under this subtitle.
  ``(B) The rules issued by the Assistant Secretary to carry out this 
subtitle (other than any rules relating to allowances, stipends, and 
other financial support authorized by subsection (c) to be paid under 
this subtitle to low-income older individuals) shall apply to all 
individuals who provide services under this subtitle, without regard to 
whether such individuals are eligible to receive a stipend under such 
subsection.
  ``(C) Individuals who are not low-income older individuals may not 
serve as volunteers under this subtitle in any community in which there 
are volunteers serving under subtitle A unless--
          ``(i) such individuals were referred previously for possible 
        placement as volunteers under subtitle A, and
          ``(ii) such placement did not occur.
  ``(2)(A) Except as provided in subparagraph (B), each recipient of a 
grant or contract to carry out a project under this subtitle shall give 
equal treatment to all individuals who provide services under such 
project, without regard to whether such individuals are eligible to 
receive a stipend under subsection (c).
  ``(B) An individual who is not a low-income older individual may not 
provide services under this subtitle if allowing such individual to 
provide services under this subtitle would prevent a low-income older 
individual from beginning to participate in providing services under 
this subtitle or would displace a low-income older individual from 
providing services under this subtitle.
  ``(3) The Assistant Secretary may not require as a condition of 
receiving a grant or contract to carry out a project under this 
subtitle, any applicant for such grant or contract--
          ``(A) to accept or to recruit individuals who are not low-
        income older individuals to provide services under this 
        subtitle, or
          ``(B) to solicit locally generated contributions, in cash or 
        in kind, to support such individuals.
The Assistant Secretary may not coerce any applicant for or recipient 
of such grant or contract to engage in conduct described in 
subparagraph (A) or (B), and may not take into consideration whether 
such applicant or such recipient engages in such conduct.
  ``(4) Funds appropriated to carry out this subtitle may not be used 
to pay any cost, including any administrative cost, incurred in 
connection with volunteers under this subtitle who do not receive a 
stipend under subsection (d). Such cost incurred with respect to a 
volunteer may be paid with--
          ``(A) funds received by the Assistant Secretary as 
        unrestricted gifts,
          ``(B) funds received by the Assistant Secretary as gifts to 
        pay such cost,
          ``(C) funds contributed by such volunteer, or
          ``(D) in the discretion of the recipient of a grant or 
        contract under such subsection, locally generated contributions 
        in excess of the amount required by subsection (a) to be 
        contributed to pay the non-Federal cost of the project in which 
        such volunteer participates.

            ``Subtitle C--Senior Companion Volunteer Program

``SEC. 431. GRANTS AND CONTRACTS FOR VOLUNTEER SERVICE PROJECTS.

  ``(a) Authority To Make Grants and Contracts.--(1) To carry out a 
Senior Companion Volunteer Program under this subtitle, the Assistant 
Secretary may make grants to or contracts with public and nonprofit 
private agencies and organizations to pay part or all of the cost of 
development and operation of projects (including direct payments to 
individuals serving under this subtitle in the same manner as provided 
in section 421(a)) designed to provide opportunities for low-income 
older individuals to provide services under this subtitle as senior 
companion volunteers to individuals with exceptional needs.
  ``(2) Only older individuals will be enrolled, and individuals 60 
years of age or older will be given priority for enrollment, as 
volunteers to provide services under this subtitle.
  ``(3) Senior companion volunteers may provide services designed to 
help individuals 60 years of age or older who require--
          ``(A) long-term care, including services to such individuals 
        who receive home health care, nursing care, and home-delivered 
        nutrition services or other nutritional services,
          ``(B) services designed to help individuals 
        deinstitutionalized from mental hospitals, nursing homes, and 
        other institutions, and
          ``(C) services designed to assist individuals who have 
        developmental disabilities and other special needs for 
        companionship.
  ``(b) Other Provisions Applicable.--Subsections (a)(2)(A), (c), (d), 
and (e) of section 421, and such other provisions of subtitle B as the 
Assistant Secretary may determine to be necessary, shall apply to this 
subtitle, except that for purposes of this subtitle any reference to 
subtitle B in such subsections and such provisions shall be deemed to 
be a reference to this subtitle.
  ``(c) Home-Bound Individuals.--The Assistant Secretary may make 
grants or contracts under subsection (a) for senior companion volunteer 
projects to assist homebound individuals 60 years of age or older to 
remain in their own homes and to enable institutionalized individuals 
60 years of age or older to return to home-care settings.

                    ``Subtitle D--General Provisions

``SEC. 441. PROMOTION OF NATIONAL SENIOR VOLUNTEER SERVICE CORPS.

  ``(a) Consultation.--(1) In carrying out this title, the Assistant 
Secretary shall consult with Federal agencies administering related 
programs with a view to achieving optimal coordination with such other 
programs, and shall promote the coordination of projects under this 
title with other public or private programs or projects carried out at 
State and local levels. Such Federal agencies shall cooperate with the 
Assistant Secretary in disseminating information about the availability 
of assistance under this title and in promoting the identification and 
interest of low-income older individuals and other older individuals 
whose services may be utilized in projects under this title.
  ``(2) To the maximum extent practicable, the Assistant Secretary 
shall enter into agreements--
          ``(A)(i) to involve retired and senior volunteers and foster 
        grandparents in Head Start programs,
          ``(ii) to involve retired and senior volunteers and senior 
        companion volunteers in providing services authorized by titles 
        II and III, and
          ``(iii) to promote the recognition of such volunteers who are 
        qualified to provide in-home services for reimbursement under 
        title XVIII of the Social Security Act for providing such 
        services,
          ``(B) with the Department of Education to promote 
        intergenerational tutoring and mentoring for at-risk children, 
        and
          ``(C) with the Environmental Protection Agency to support 
        conservation efforts.
  ``(b) Efforts To Expand Participation.--(1) In carrying out this 
title, the Assistant Secretary shall encourage and facilitate the 
efforts of private organizations to promote the programs established in 
subtitles A, B, and C and the involvement of older individuals as 
volunteers in such programs.
  ``(2) The Assistant Secretary shall take appropriate actions to 
ensure that special efforts are made to publicize the programs 
established in subtitles A, B, and C, in order to facilitate 
recruitment efforts, to encourage greater participation of volunteers, 
and to emphasize the value of volunteering to the health and well-being 
of volunteers and the communities of such volunteers. Such actions 
shall include informing recipients of grants and contracts under this 
title of all informational materials available from the Assistant 
Secretary.
  ``(3) From funds appropriated under section 491, the Assistant 
Secretary shall expend not less than $375,000 in each fiscal year to 
carry out paragraph (2).

``SEC. 442. PAYMENTS.

  ``Payments under this title pursuant to a grant or contract may be 
made (after necessary adjustment, in the case of grants, 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. 443. USE OF LOCALLY GENERATED CONTRIBUTIONS IN NATIONAL SENIOR 
                    VOLUNTEER SERVICE CORPS.

  ``Whenever locally generated contributions made to volunteer projects 
for older individuals under this title are in excess of the amount 
required by the Assistant Secretary, the Assistant Secretary may not 
restrict the manner in which contributions are expended if expenditures 
from locally generated contributions are not inconsistent with the 
provisions of this title.

``SEC. 444. ADJUSTMENTS TO FEDERAL FINANCIAL ASSISTANCE; REPORTS.

  ``(a) Adjustments.--(1)(A) In determining the amount of Federal 
financial assistance to be provided under this title to applicants, the 
Assistant Secretary shall consider the impact of changes in the 
Consumer Price Index For All Urban Consumers published by the Bureau of 
Labor Statistics of the Department of Labor on the administrative costs 
of operating the projects for which such assistance will be provided.
  ``(B) The Assistant Secretary shall, to the maximum extent 
practicable, make appropriate adjustments in the amount referred to in 
subparagraph (A) to ensure the effective administration of such 
projects.
  ``(2) The Assistant Secretary shall take reasonable actions to inform 
applicants for such assistance that such adjustments may be available.
  ``(b) Reports.--The Assistant Secretary shall submit, at 2-year 
intervals, to the Committee on Economic and Educational Opportunities 
of the House of Representatives and the Committee on Labor and Human 
Resources of the Senate, a report on the extent to which adjustments 
are made under subsection (a).

``SEC. 445. MULTIYEAR GRANTS OR CONTRACTS.

  ``(a) Compliance; Funding.--(1) Subject to paragraph (2) and the 
availability of funds, the Assistant Secretary may make a grant or 
enter into a contract under subtitle A, B, or C for a period not to 
exceed 3 years. Each applicant who receives a grant, or enters into a 
contract, under such subtitle for a period exceeding 1 year shall 
comply with such rules as the Assistant Secretary may issue to require 
such applicant--
          ``(A) to demonstrate that such applicant is in compliance 
        with such subtitle and with the terms and conditions of such 
        grant or contract, and
          ``(B) to provide information to update the application 
        submitted to obtain such grant or contract.
  ``(2) If the amount appropriated for any fiscal year to carry out 
subtitle A, B, or C in a period during which multiyear grants or 
contracts are in effect under such subtitle is less than the amount 
appropriated to carry out such subtitle in the first fiscal year in 
such period, then the amounts payable under all such grants and 
contracts in effect in such period under such part shall be reduced pro 
rata.
  ``(b) Savings.--The Assistant Secretary shall require each applicant 
for a multiyear grant or contract under this section, to document or 
describe in the application any meaningful administrative savings that 
will result from such multiyear grant or contract.
  ``(c) Alternative Consideration.--If an applicant does not receive a 
multiyear grant or contract under this section, the Assistant Secretary 
shall consider such applicant for a single-year grant or contract.
  ``(d) Similar Treatment.--If the Assistant Secretary approves an 
application for a contract or grant to carry out a project for a 
multiyear period as referred to in subsection (a), the Assistant 
Secretary shall ensure that such project shall be treated in the same 
manner as a single-year contract or grant with respect to--
          ``(1) the overall level of funding for such project,
          ``(2) any adjustments to Federal financial assistance that 
        may be available under section 444, and
          ``(3) the renewal of funding on the expiration of the term of 
        such contract or grant.

             ``Subtitle E--Administration and Coordination

``SEC. 461. ADMINISTRATIVE STRUCTURE.

  ``To administer this title, the Assistant Secretary shall establish 
in the Administration an organizational structure that, to the maximum 
extent practicable, retains the organizational structure that existed 
to carry out title II of the Domestic Volunteer Service Act of 1973 as 
in effect immediately before the effective date of this Act. Such 
structure shall include State offices, and multistate regional offices, 
that have responsibilities under this title that are similar to the 
responsibilities of such offices had under such Act.

``SEC. 462. POLITICAL ACTIVITIES.

  ``(a) Prohibition.--No part of any funds appropriated to carry out 
this title shall be used--
          ``(1) to finance, directly or indirectly--
                  ``(A) any activity designed to influence the outcome 
                of any election to Federal office or the outcome of any 
                election to any State or local public office, or
                  ``(B) any voter registration activity, or
          ``(2) to pay the salary of any officer or employee of the 
        Administration, who engages in any such activity in an official 
        capacity as such an officer or employee.
  ``(b) Limitation on Use of Personnel.--Programs assisted under this 
title shall not be carried on in a manner involving the use of funds, 
the provision of services, or the employment or assignment of personnel 
in a manner supporting or resulting in the identification of such 
programs with--
          ``(1) any partisan or nonpartisan political activity 
        associated with a candidate, or a contending faction or group, 
        in an election for public or party office,
          ``(2) any activity to provide voters or prospective voters 
        with transportation to the polls or similar assistance in 
        connection with any such election, or
          ``(3) any voter registration activity.
  ``(c) Prohibition of Certain Activities Relating to Legislation.--No 
funds appropriated to carry out this title shall be used by any program 
assisted under this title in any activity for the purpose of 
influencing the passage or defeat of legislation or proposals by 
initiative petition, except--
          ``(1) in any case in which a legislative body, a committee of 
        a legislative body, or a member of a legislative body requests 
        any volunteer in, or employee of, such a program to draft, 
        review, or testify regarding measures or to make 
        representations to such legislative body, committee, or member, 
        or
          ``(2) in connection with an authorization or appropriations 
        measure directly affecting the operation of the program.
  ``(d) Enforcement.--The Assistant Secretary, after consultation with 
the Office of Personnel Management, shall issue rules to provide for 
the enforcement of this section, which shall include provisions for 
summary suspension of assistance for not more than 30 days until notice 
and an opportunity to be heard can be provided or other action 
necessary to permit enforcement on an emergency basis can be taken.

``SEC. 463. SPECIAL LIMITATIONS.

  ``(a) Issuance of Rules.--The Assistant Secretary shall issue rules 
and shall carry out this title so as to ensure that the service of 
volunteers assigned, referred, or serving pursuant to grants, 
contracts, or agreements made under this title is limited to activities 
that would not otherwise be performed by employed workers and that will 
not supplant the hiring of or result in the displacement of employed 
workers, or impair existing contracts for service.
  ``(b) Cost Requirement.--All support, including transportation 
provided to volunteers under this title, shall be furnished at the 
lowest possible cost consistent with the effective operation of 
volunteer programs assisted under this title.
  ``(c) Prohibition Relating to Compensation.--No agency or 
organization to which volunteers are assigned under this title, or 
which operates or supervises any volunteer program under this title, 
shall request or receive any compensation from such volunteers or from 
beneficiaries for services of such volunteers provided or supervised by 
such agency or organization.
  ``(d) Prohibition Relating to Labor Activity.--No funds authorized to 
be appropriated to carry out this title shall be directly or indirectly 
used to finance labor or anti-labor organization or related activity.
  ``(e) Information on Volunteer Qualifications.--Individuals serving 
as volunteers under this title shall provide such information 
concerning their qualifications, including their integrity and their 
ability to perform their assigned tasks, as the Assistant Secretary 
shall require and shall be subject to such procedures for selection and 
approval as the Assistant Secretary determines are necessary to carry 
out the purposes of this title. The Assistant Secretary may establish 
such special procedures for the recruitment, selection, training, and 
assignment of low-income residents of the area to be served by a 
program under this title who wish to become volunteers as the Assistant 
Secretary determines will carry out the purposes of this title.

``SEC. 464. COORDINATION WITH OTHER PROGRAMS.

  ``The Assistant Secretary shall take necessary steps to coordinate 
volunteer programs authorized under this title with one another and 
shall consult with representatives of the head of such programs, with 
community action programs, and with other related Federal, State, and 
local programs. The Assistant Secretary shall also consult with the 
heads of other Federal, State, and local agencies responsible for 
programs related to the purposes of this title in order to encourage 
greater use of volunteer services in such programs and establish in 
connection with such programs systematic procedures for the 
recruitment, referral, or necessary preservice orientation or training 
of volunteers serving pursuant to this title. The Assistant Secretary 
(in consultation with the Director of the Office of Personnel 
Management, the Secretary of Labor, the Secretary of Commerce, the 
Secretary of the Treasury, and officials of other appropriate 
departments and agencies) shall take all appropriate steps to encourage 
State and local governments, charitable and service organizations, and 
private employers--
          ``(1) to take into account experience in volunteer work in 
        the consideration of applicants for employment, and
          ``(2) to make provision for the listing and description of 
        volunteer work on all employment application forms.

``SEC. 465. NOTICE AND HEARING PROCEDURES FOR SUSPENSION AND 
                    TERMINATION OF FINANCIAL ASSISTANCE.

  ``(a) Authority.--The Assistant Secretary may, in accordance with 
this section, suspend or terminate payments under any grant or contract 
providing assistance under this title, whenever the Assistant Secretary 
determines there is a material failure to comply with the applicable 
terms and conditions of any such grant or contract. The Assistant 
Secretary shall establish procedures to ensure that--
          ``(1) assistance under this title shall not be suspended for 
        failure to comply with applicable terms and conditions, except 
        in emergency situations for 30 days,
          ``(2) an application for refunding under this title may not 
        be denied unless the recipient has been given--
                  ``(A) notice at least 75 days before the denial of 
                such application of the possibility of such denial and 
                the grounds for any such denial, and
                (B) opportunity to show cause why such action should 
                not be taken,
          ``(3) in any case where an application for refunding is 
        denied for failure to comply with the terms and conditions of 
        the grant or contract, the recipient shall be afforded an 
        opportunity for an informal hearing before an impartial hearing 
        officer who has been agreed to by the recipient and the 
        Assistant Secretary, and
          ``(4) assistance under this title shall not be terminated for 
        failure to comply with applicable terms and conditions unless 
        the recipient has been afforded reasonable notice and 
        opportunity for a full and fair hearing.
  ``(b) Location of Hearing.--In order to assure equal access to all 
recipients, such hearings or other meetings as may be necessary to 
fulfill the requirements of this section shall be held at locations 
convenient to the recipient agency.

``SEC. 466. DISTRIBUTION OF BENEFITS BETWEEN RURAL AND URBAN AREAS.

  ``The Assistant Secretary shall establish appropriate administrative 
measures to ensure that the benefits of and services under this title 
will be distributed equitably between residents of rural areas and 
residents of urban areas.

``SEC. 467. VOLUNTEERS NOT FEDERAL EMPLOYEES.

  ``Volunteers under this title shall not be considered to be Federal 
employees and shall not be subject to the provisions of law relating to 
officers and employees of the Federal Government and to Federal 
employment.

``SEC. 468. EVALUATION.

  ``(a) Evaluation.--The Assistant Secretary may measure and evaluate 
the impact of all programs, projects, and activities authorized by this 
title, their effectiveness in achieving stated goals in general, and in 
relation to their cost, their impact on related programs, projects, and 
activities, and their structure and mechanisms for delivery of 
services. Evaluations shall be conducted by persons not immediately 
involved in the administration of the program or project evaluated.
  ``(b) Specific Matters for Evaluation.--The Assistant Secretary may--
          ``(1) evaluate the impact that volunteers who participate 
        without receiving a stipend in programs, projects, and 
        activities under subtitles B and C, have on such programs, 
        projects, and activities, and shall include in such 
        evaluation--
                  ``(A) information on administrative costs associated 
                with such volunteers,
                  ``(B) a comparison of the quality of services 
                provided by such volunteers and the quality of services 
                provided by volunteers who receive a stipend under such 
                subtitles, including the rate of absenteeism and 
                turnover, and
                  ``(C) a review of the effect that participation by 
                volunteers who do not receive such stipend have on the 
                administration of such programs, projects, and 
                activities, and
          ``(2) submit to the Committee on Economic and Educational 
        Opportunities of the House of Representatives and the Committee 
        on Labor and Human Resources of the Senate a report summarizing 
        in detail the results of the evaluations made under paragraph 
        (1).
  ``(c) Publication of Summaries.--The Assistant Secretary shall 
publish summaries of the results of evaluations of program, project, 
and activity impact and effectiveness.
  ``(d) Availability of Funds.--The Assistant Secretary may use such 
sums as are required, but not to exceed 1 percent of the funds 
appropriated to carry out this title, to conduct program, project, and 
activity evaluations (directly, or by grant or contract) as authorized 
by this title.

``SEC. 469. ELIGIBILITY FOR OTHER BENEFITS.

  ``Notwithstanding any other provision of law, no reimbursement of 
out-of-pocket expenses made to individuals serving pursuant to 
subtitles A, B, and C shall be subject to any tax or charge or be 
treated as wages or compensation for the purposes of unemployment, 
temporary disability, retirement, public assistance, workers' 
compensation or similar benefit payments, or minimum wage laws.

``SEC. 470. LEGAL EXPENSES.

  ``Notwithstanding any other provision of law and pursuant to rules 
which the Assistant Secretary shall issue, counsel may be employed and 
counsel fees, court costs, bail, and other expenses incidental to the 
defense of volunteers may be paid in judicial and administrative 
proceedings to which full-time volunteers (or part-time volunteers if 
such proceedings arise directly out of the performance of activities 
pursuant to this title), serving under this title have been made 
parties.

             ``Subtitle F--Authorization of Appropriations

``SEC. 491. AUTHORIZATION OF APPROPRIATIONS FOR PROGRAMS.

  ``(a) Retired and Senior Volunteer Program.--There are authorized to 
be appropriated to carry out subtitle A, $40,300,000 for fiscal year 
1997 and such sums as may be necessary for each of the fiscal years 
1998, 1999, 2000, and 2001.
  ``(b) Foster Grandparent Program.--There are authorized to be 
appropriated to carry out subtitle B, $64,300,000 for fiscal year 1997 
and such sums as may be necessary for each of the fiscal years 1998, 
1999, 2000, and 2001.
  ``(c) Senior Companion Program.--There are authorized to be 
appropriated to carry out subtitle C, $32,200,000 for fiscal year 1997, 
and such sums as may be necessary for each of the fiscal years 1998, 
1999, 2000, and 2001.''.

SEC. 4. CONFORMING AMENDMENTS.

  (a) Conforming Amendments to the Domestic Volunteer Service Act of 
1973.--The Domestic Volunteer Service Act of 1973 (42 U.S.C. 4950-1585) 
is amended--
          (1) in the table of contents by striking--
                  (A) the matter relating to title II,
                  (B) the items relating to sections 200 through 231, 
                and
                  (C) the items relating to sections 418 and 502,
          (2) by striking title II,
          (3) in section 416(f)--
                  (A) in paragraph (1) by inserting ``and'' at the end,
                  (B) by striking paragraph (2), and
                  (C) in paragraph (3)--
                          (i) by striking ``paragraphs (1) and (2)'' 
                        and inserting ``paragraph (1)'', and
                          (ii) by redesignating paragraph (3) as 
                        paragraph (2),
          (4) by striking section 418,
          (5) in section 421--
                  (A) in paragraph (2) by striking ``and,'' and all 
                that follows through ``Islands'',
                  (B) by striking paragraphs (10), (14), (15), and 
                (18),
          (6) in section 501(c) by striking ``, or under title II,'', 
        and
          (7) by striking section 502.
  (b) Conforming Amendments to Other Laws.--(1) 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 1996''.
  (2) Section 1114(a) of the Agriculture and Food Act of 1981 (7 U.S.C. 
1431e(a)) is amended--
          (A) in paragraph (1) by striking ``Older Americans Act of 
        1965'' each place it appears and inserting ``Older Americans 
        Act of 1996'', and
          (B) 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 1996''.
  (3) 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 1996''.
  (4) The Job Training Partnership Act (29 U.S.C. 1501 et seq.) is 
amended--
          (A) in section 204(d)--
                  (i) in paragraph (4) by striking ``title V of the 
                Older Americans Act of 1965 (42 U.S.C. 3056 et seq.)'' 
                and inserting ``chapter 4 of subtitle A of title III of 
                the Older Americans Act of 1996'', and
                  (ii) in paragraph (5)(B)(i) by striking ``title V of 
                the Older Americans Act of 1965 (42 U.S.C. 3056 et 
                seq.)'' and inserting ``chapter 4 of subtitle A of 
                title III of the Older Americans Act of 1996'',
          (B) by amending section 205(a)(8) to read as follows:
          ``(8) chapter 4 of subtitle A of title III of the Older 
        Americans Act of 1996;'',
          (C) in section 452(d)(1)(B)(iii) by striking ``Older 
        Americans Act of 1965'' and inserting ``Older Americans Act of 
        1996'', and
          (D) in section 455(b) by striking ``title V of the Older 
        Americans Act of 1965 (42 U.S.C. 3056 et seq.)'' and inserting 
        ``chapter 4 of subtitle A of title III of the Older Americans 
        Act of 1996''.
  (5) The Social Security Act (42 U.S.C. 301 et seq.) is amended--
          (A) in section 1819--
                  (i) 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 1996'',
                  (ii) 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 1996'', and
                  (iii) 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 1996'', and
          (C) in section 1919--
                  (i) 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 1996'',
                  (ii) 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 1996'', and
                  (iii) 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 1996''.
  (6) Section 209 of the Housing and Community Development Act of 1974 
(42 U.S.C. 1438) is amended by striking ``title III of the Older 
Americans Act of 1965'' and inserting ``chapter 1 of subtitle A of 
title III of the Older Americans Act of 1996''.
  (7) 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 1996''.
  (8) 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 1996'' after ``Older Americans Act''.
  (9) The National School Lunch Act (42 U.S.C. 1751 et seq.) is 
amended--
          (A) in section 12(i) by striking ``Older Americans Act of 
        1965'' and inserting ``Older Americans Act of 1996'',
          (B) in section 14--
                  (i) in subsection (a)(1) by striking ``Older 
                Americans Act of 1965'' and inserting ``Older Americans 
                Act of 1996'', and
                  (ii) 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 
                1996'', and
          (C) 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 
        1996''.
  (10) Section 2(a) of the Environmental Programs Assistance Act of 
1984 (42 U.S.C. 4368a(a)) is amended by striking ``title V of the Older 
Americans Act of 1965'' each place it appears and inserting ``chapter 4 
of subtitle A of title III of the Older Americans Act of 1996''.
  (11) Section 14(g) of the Noise Control Act of 1972 (42 U.S.C. 
4913(g)) is amended by inserting ``of 1996'' after ``Older Americans 
Act''.
  (12) The Developmental Disabilities Assistance and Bill of Rights Act 
(42 U.S.C. 6000 et seq.) is amended--
          (A) in section 124(b)(3) by inserting ``of 1996'' after 
        ``Older Americans Act'', and
          (B) in section 142(a)(2)(D)(ii) by striking ``Older Americans 
        Act of 1965'' and inserting ``Older Americans Act of 1996''.
  (13) 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 1996''.
  (14) 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 1996''.
  (15) The Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 
12701 et seq.) is amended--
          (A) in section 802(d)(2)(B)(i) by striking ``Older Americans 
        Act of 1965'' and inserting ``Older Americans Act of 1996'', 
        and
          (B) in section 803(d)(12) by striking ``Older Americans Act 
        of 1965'' and inserting ``Older Americans Act of 1996''.
  (16) 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 1996''.
  (17) The Alzheimer's Disease and Related Dementias Research Act of 
1992 (42 U.S.C. 11201 et seq.) is amended--
          (A) 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 1996'', and
          (B) in section 962--
                  (i) in subsection (a)(1)(A)(iii) by striking ``Older 
                Americans Act of 1965'' and inserting ``Older Americans 
                Act of 1996'', and
                  (ii) 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 1996''.
  (18) The National and Community Service Act of 1990 (42 U.S.C. 12501 
et seq.) is amended--
          (A) in section 179--
                  (i) in subsection (a)(2)(A) by striking ``and 
                National Senior Volunteer Corps programs'' and 
                inserting ``program'', and
                  (ii) in subsection (g)--
                          (I) in paragraph (3) by striking ``and 
                        National Senior Volunteer Corps programs'', and
                          (II) in paragraph (9) by striking ``and 
                        National Senior Volunteer Corps'',
          (B) by amending section 194(d) to read as follows:
  ``(d) Assistant Director for VISTA.--One of the Managing Directors 
appointed under subsection (a) shall, in accordance with applicable 
provisions of title 5, United States Code, appoint 1 Assistant Director 
who shall report directly to such Managing Director and who shall be 
responsible for programs carried out under parts A and B of title I of 
the Domestic Volunteer Service Act of 1973 (the Volunteers in Service 
to America (VISTA) program) and other antipoverty programs under title 
I of that Act.'', and
          (C) in section 198 by striking subsection (r).

SEC. 5. FISCAL YEAR REFERENCES FOR FISCAL YEAR 1997.

  Any reference in the Older Americans Act of 1996 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 1997 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 1996.

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 1996. 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. ENFORCEMENT AUTHORITY.

  On and after October 1, 1996, the Secretary of Health and Human 
Services shall have the authority to enforce compliance with the 
requirements applicable to title II of the Domestic Volunteer Service 
Act of 1973 and to funds made available to carry out such title.

SEC. 8. TRANSFERS; SAVINGS PROVISIONS.

  (a) Transfers.--The Director of the Office of Management and Budget 
shall provide for the transfer to the Administration on Aging for the 
purpose of implementing title IV of the Older Americans Act of 1996, of 
personnel, assets, liabilities, grants, contracts, property, records, 
and unexpended balances of appropriations, authorizations, allocations, 
and other funds held, used, arising, available, or to be made available 
in connection with the implementation of title II of the Domestic 
Volunteer Service Act of 1973 (42 U.S.C. 5000-5028a) by the Corporation 
for National and Community Service.
  (b) Savings Provisions.--(1) An amendment or repeal made by this Act 
shall not apply with respect to--
          (A) powers, duties, functions, rights, claims, penalties, or 
        obligations applicable with respect to financial assistance 
        provided before the effective date of amendment or repeal, as 
        the case may be, under the provision of law so amended or so 
        repealed, and
          (B) judicial or administrative actions taken and proceedings 
        commenced before such effective date, or authorized before such 
        effective date to be taken or to be commenced, under such 
        provision.
  (2) With respect to--
          (A) the powers, duties, functions, rights, claims, penalties, 
        and obligations applicable to financial assistance provided or 
        authorized to be provided before such effective date, and
          (B) judicial or administrative actions taken and proceedings 
        commenced before such effective date, or authorized before such 
        effective date to be taken or to be commenced,
under title II of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 
5000-5028a), a reference to the ACTION Agency or the Corporation for 
National and Community Service shall be deemed to be a reference to the 
Administration on Aging or the Secretary of Health and Human Services, 
as appropriate.
  (3) Except as provided in paragraph (2), the rules applicable to 
financial assistance provided under title II of the Domestic Volunteer 
Service Act of 1973 (42 U.S.C. 5000-5028a) as in effect before October 
1, 1996, shall--
          (A) remain in effect with respect to such assistance until 
        such rules are modified or superseded by rules issued by the 
        Secretary of Health and Human Services to carry out title IV of 
        the Older Americans Act of 1996, and
          (B) apply with respect to financial assistance provided under 
        title IV of the Older Americans Act of 1996 until such rules 
        are modified or superseded by rules issued by the Secretary of 
        Health and Human Services to carry out such title.

SEC. 9. 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, 1996.

                       Explanation of Amendments

    The provisions of this substitute are explained in this 
report.

                                Purpose

    The purpose of the Older Americans Act legislation is 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 services employment, and volunteer services.

                            Committee Action

          Subcommittee on Early Childhood, Youth and Families

    The Subcommittee on Early Childhood, Youth and Families 
held five hearings in 1995 to review the Older Americans Act 
and consider its authorization for another five years. The 
hearings were held on June 13, 1995, June 26, 1995, June 28, 
1995, July 10, 1995, and November 2, 1995.

                                Hearings

    The June 13, 1995 hearing in Washington D.C. received a 
range of perspectives on the Older Americans Act from national, 
state and local aging authorities and program participants. The 
Subcommittee heard testimony from Robert Martinez, Director of 
the California Department of Aging; Steven Niebler, Director, 
Adams County Area Agency on Aging, Gettysburg, Pennsylvania; 
Dan Laver, Director, San Diego County Area Agency on Aging, San 
Diego, California; Dr. Daniel Thursz, Former Council President, 
National Council on Aging, Bethesda, Maryland; Ethel Penland 
and Fran Smith from Fairfax County, Virginia, recipients of 
services authorized under the Older Americans Act.
    On June 26, 1995, the Early Childhood, Youth and Families 
Subcommittee held a field hearing in York County, Pennsylvania. 
The hearing focused on state and local flexibility under the 
Older Americans Act, particular attention was placed on 
increased flexibility for the nutrition programs. The 
Subcommittee received testimony from Richard Browdie, Secretary 
of the Pennsylvania Department of Aging; Judy Shuey, Director 
of the Cumberland County Area Agency on Aging, Cumberland 
County, Pennsylvania; Crystal Lowe, Director, York County Area 
Agency on Aging, York County, Pennsylvania; Katherine Dietzel, 
Chair of the Citizens Advisory Council, Adams County, 
Pennsylvania; Marie Frasier, York County Visiting Nurses 
Association; Edward Hughes, President, ERH Company, Inc., 
Cumberland County.
    At the June 28, 1995 Subcommittee hearing in Washington, 
testimony centered on the types of services authorized under 
the Older Americans Act and the issue of streamlining and 
consolidating Older American programs in order to improve the 
quality and delivery of services. Witnesses included: 
Congressman Matthew Martinez (D-CA); Congresswoman Connie 
Morella (R-MD); Congressman Joseph Kennedy (D-MA); Congressman 
Ron Wyden (D-OR); Congressman Ralph Regula (R-OH); Fernando 
Torres-Gil, Assistant Secretary, Administration on Aging; 
Barbara Harris, Former Associate Director, Senior Citizen 
Service of the Greater Tarrant County, Dallas-Fort Worth, 
Texas; Judy Williams, Director, Northwest Arkansas Area Agency 
on Aging; Peggy O'Neill, Director, Bucks County Area Agency on 
Aging, Doylestown, Pennsylvania; Ed Bill, State of Michigan, 
Michigan Office of Services to the Aging; James Martin, 
Chairman, 60+ Association, Arlington, Virginia; Elizabeth 
Boehner, Director Elderly Affairs, Family Service of Montgomery 
County, Maryland.
    On July 10, 1995 the Early Childhood, Youth and Families 
Subcommittee held its second field hearing in Pontiac, 
Michigan. Witnesses commented on the quality of services 
authorized under the Older Americans Act. Testimony was 
received from the following: Valeria Conerly, Valley Area 
Agency on Aging, Flint, Michigan; Sandra Reminga, Executive 
Director, Area Agency on Aging, Southfield, Michigan; Jackie 
White, Family Service Agency of Genesee County, Michigan; 
Robert Conaway, Executive Director, Oakland Livingston Human 
Service Agency; Diane Braunstein, Director, State of Michigan 
Office of Services to the Aging; Olivia Maynard from Goodrich, 
Michigan, Delegate to the 1995 White House Conference on Aging 
and Past Director of the State of Michigan Office on Aging; 
Marye Miller from Rochester, Michigan, Alternate to the 1995 
White House Conference on Aging and Director of the Older 
Persons' Commission; John Ferguson, Senior Aide, Gensesee 
Intermediate Schools, Flint, Michigan; Martha Goldy a 
participant in the Senior Companion Program from Lapeer, 
Michigan; Deborah Stratton, Orion Township, Michigan.
    On November 2, 1995 the Committee on Economic and 
Educational Opportunities Committee held a full committee 
hearing on H.R. 2570, the Older Americans Act Amendments of 
1995, a bill to authorize the Older Americans Act through the 
year 2001. Testifying were: Christine Gianapaulos, President of 
the National State Units on Aging and Director of Maine Bureau 
of Elder and Adult Services; Cindy Farson, President National 
Association of Area Agencies on Aging, Central Ohio Area Agency 
on Aging, Columbus, Ohio; Cornelia M. Blanchette, Associate 
Director of Education and Employment Issues, General Accounting 
Office, Washington, D.C.; Josefina Carbonell, President, Little 
Havana Activities and Nutrition Centers of Dade County Inc., 
Miami, Florida; Dr. James Firman, President, National Council 
on Aging, Washington, D.C.

                           Legislative Action

    On November 9, 1995, the Subcommittee on Early Childhood, 
Youth and Families assembled to consider H.R. 2570, the Older 
Americans Act Amendments of 1995. Chairman Cunningham offered 
an amendment in the nature of a substitute to H.R. 2570. 
Further amendments to the amendment in the nature of a 
substitute were adopted. Chairman Cunningham made a motion to 
recess until November 16, 1995.
    On November 16, 1995, the Subcommittee on Early Childhood, 
Youth and Families reconvened to consider H.R. 2570. Further 
amendments to the amendment in the nature of a substitute were 
adopted. H.R. 2570, as amended, was approved by the 
Subcommittee on Early Childhood, Youth and Families on November 
16, 1995, by voice vote and ordered reported to the Committee 
on Economic and Educational Opportunities.
    On March 14, 1996, the Committee on Economic and 
Educational Opportunities assembled to consider H.R. 2570, the 
Older Americans Act Amendments of 1995. Chairman Goodling 
offered an amendment in the nature of a substitute to H.R. 
2570. Further amendments to the amendment in the nature of a 
substitute were adopted. H.R. 2570 was favorably reported by 
the Committee on Economic and Educational Opportunities on 
March 14, 1996, by a recorded vote of 19-16.

                     Committee Statement and Views

    The Older Americans Act of 1965 created a federal program 
specifically designed to meet the service needs of older 
persons. Although older persons may receive services under 
other federal programs, the Act is the major vehicle for the 
organization and delivery of supportive and nutrition services 
to this group. It authorizes a wide array of programs through a 
network of 57 state agencies on aging and 660 local area 
agencies on aging.
    The Act was first enacted in the 89th Congress and has been 
reauthorized or amended 13 times since then. The original Act 
established the Administration on Aging (AoA) as the federal 
agency responsible for the administration of programs under the 
Act and authorized State and community social service programs, 
and research, demonstration and training projects. The 1969 
amendments strengthened the community service programs and 
charged State agencies on aging with statewide responsibilities 
for planning, coordination, and evaluation of programs for 
older persons.
    Major amendments to the Act occurred in the early 1970s. 
The major service component of the Act, the national nutrition 
program, was enacted in 1972 and evolved from nutrition 
demonstration projects first funded in 1968. The '72 amendments 
authorized grants to public and nonprofit sponsors for the 
development of congregate meals services to meet the nutrition 
and social services needs of older persons. In addition to 
providing meals, Congress envisioned the program to serve as an 
important vehicle for fostering social interaction among 
participants and to facilitate social service delivery. The 
nutrition program is the largest single component of the Act 
and in FY1995 represents 44% of the Act's total funding.
    The 1973 amendments significantly restructured the Act with 
the aim of improving the planning and organization of services 
for older persons at the state and local levels. State agencies 
were required to divide the state into geographic areas, or 
planning and service areas, and to establish area agencies on 
aging at the community level for the purpose of developing 
areawide social service delivery systems for older persons. 
Area agencies were given responsibility for planning and 
coordinating of programs for older persons within defined 
planning and services areas designated by state agencies on 
aging. In addition, area agencies were responsible for 
advocating on behalf of older persons.
    The 1973 amendments also incorporated the community service 
employment program into the Act. Prior to this time, the 
program had operated under a demonstration authority under the 
Economic Opportunity Act. This program was designed to provide 
community service employment opportunities for unemployed low 
income older persons.
    The 1978 amendments represented a major change in the 
structure of the program when the separately authorized 
supportive, nutrition and multipurpose senior center programs 
were folded into the title III administrative structure. 
Another major change made by these amendments was the addition 
of a separate authorization of appropriations for home-
delivered nutrition services which were previously an allowable 
service under the congregate nutrition program. These 
amendments also established the state long-term care ombudsman 
program, whose purpose is to investigate and resolve complaints 
of nursing home and board and care home residents, and a new 
title VI authorizing grants to Indian tribal organizations for 
supportive and nutrition services to older Indians. The 
amendments also incorporated the community service employment 
program as title V of the Act.
    Amendments in 1981 and 1984 gave states more flexibility in 
the administration of the nutrition and supportive services 
programs. The 1987 amendments created new separately authorized 
service components under the state and area agency on aging 
program, including inhome services for the frail elderly and 
health promotion and disease prevention programs. These 
amendments also incorporated a grant program for older Native 
Hawaiians under title VI. The amendments in 1992 again 
restructured some of the Act's programs by shifting some of the 
title III service responsibilities to title VII for elder 
rights protection activities.
    Since its creation in 1965, the Older Americans Act has 
grown to be one of the most visible service programs for older 
persons. In FY1994, the largest component of the Act, the 
national nutrition program for the elderly, provided 240 
million meals to over 3 million older persons. About 53% of 
meals were provided in congregate settings, such as senior 
centers and community centers, and the rest were delivered to 
homebound older persons in their homes. The home delivered 
nutrition program has grown dramatically; from 1980 to 1994, 
the number of home delivered meals served grew by over 200%. A 
number of reasons have accounted for this, including increased 
funding for the program and the trend by states to transfer 
funds from their congregate nutrition services program to the 
home-delivered nutrition program in order to meet increasing 
needs of the frail homebound elderly.
    The supportive services program, which supports the 
nationwide network of area agencies on aging, also funds a wide 
array of services for older persons. Primary services provided 
under this program are information and referral, outreach 
services, transportation, senior center, and home care 
services. Transportation services has continued to be one of 
the chief services provided to older persons under the 
supportive services program. In FY1994, over 800,000 persons 
received transportation services through this program.
    State and area agencies on aging are required to target 
services to persons who have the greatest social and economic 
need. In FY1994, of all older persons who received congregate 
nutrition services under the program, 43% had income below the 
poverty level, and 17% were members of minority groups. Of all 
persons who received home delivered nutrition services, over 
53% had income below the poverty level and 18% were members of 
minority groups. About 40% of supportive service recipients 
were low income and about 21% were members of minority groups. 
According to the 1994 census, 11.6% of the nation's elderly had 
income below the poverty level and 3.8% had both income below 
the poverty level and were members of a minority racial group.
    The community service employment program accounted for 
about 28% of Older Americans Act funds in FY1995. The program 
supports about 65,000 employment positions for about 100,000 
low income persons aged 55 and older. The program supports a 
wide variety of community service activities. In program year 
1994-95 (July 1, 1994-June 30, 1995), about 70% of community 
service employment opportunities were in community-based 
services including social services, education, and parks and 
recreation, and about one-third were in services to the elderly 
community, including nutrition services, senior centers, and 
home care services.
    The Committee bill focuses on streamlining and 
consolidating programs under the Older Americans Act to improve 
the lives of those it serves. It does this both by 
consolidating programs within the Act and by transferring to 
AoA responsibility for other federal programs related to the 
Act. In addition to program consolidation efforts, the 
Committee has attempted to respond to state and area agency 
expressed desires for more program flexibility in a number of 
other areas. The bill eliminates a number of unnecessary 
legislative requirements. In recent years, state and area 
agencies have noted the increasing array of legislative 
requirements imposed on them without corresponding increases in 
funding.
    While the bill consolidates a number of programs, the 
Committee retains the basic structure and purpose of the state 
and area agency program under title III of the Act. The bill 
retains certain functions that have been the hallmark of the 
title III state and area agency program since its inception--
planning and coordinating of service programs for older 
persons. In addition, the bill retains the requirement that 
state and area agencies serve as effective and visible 
advocates for older persons by reviewing and commenting on all 
plans, budgets and policies that affect older persons. 
Moreover, the bill retains the chief title III service 
components--the national nutrition program for the elderly and 
the supportive services program. By reducing the number of 
multiple small funding streams currently spread over seven 
titles, the bill aims to strengthen the funding base for the 
title III services.
    The bill consolidates a number of programs under the title 
III program umbrella. It consolidates the congregate and home-
delivered nutrition service programs which, under current law, 
are separately authorized. The bill, therefore, eliminates the 
necessity for waivers of limitations on states' ability to 
transfer funds between the programs which exist under current 
law. Under the bill, states will receive one allotment for 
nutrition services which they can use for congregate or home-
delivered meals. The bill continues to authorize separate 
funding for the U.S. Department of Agriculture (USDA) commodity 
or cash-in-lieu of commodity program and transfers federal 
administration of this program to AoA.
    In addition, the bill consolidates the community service 
employment program under the title III program umbrella and 
transfers federal administration of this program from the 
Department of Labor (DoL) to AoA. All funds for the program 
will be awarded to state agencies for administration. Under 
current law, DoL awards funds to 10 national organizations and 
to state agencies. This has resulted in duplication of effort 
among national organizations and state agencies and unnecessary 
expenditure of funds for administration.
    The bill also moves requirements for the state long-term-
care ombudsman program under the title III program umbrella. 
Prior to the 1992 Older Americans Act amendments, this program 
was authorized under title III. The majority of funding for the 
long-term care ombudsman program continues to be the title III 
supportive services program. The Committee believes that 
returning this program to the title III program will streamline 
state agency functions. The Committee notes the importance of 
this program among states and that many states contribute 
significant amounts of funding from their own sources to 
support the program. While the bill consolidates the long-term 
ombudsman program under title III, the Committee bill retains 
the requirement that state agencies establish a state long-term 
care ombudsman program. The Committee emphasizes its commitment 
to the continuation of this program.
    The bill provides state and area agencies with more 
flexibility in the design of their programs. For example, it 
eliminates requirements for funding certain federally-
prescribed priority service areas which are required under the 
current law. Instead it allows states and area agencies to fund 
services which they determine to be most essential based on 
their own determination of needs in the state and within 
planning and service areas. In addition, the bill liberalizes 
current law restrictions on the transferability of funds 
between supportive and nutrition services allotments.
    In response to concerns expressed by state and area 
agencies in a number of recent reauthorizations of the Act, the 
Committee bill allows mandatory cost sharing for title III 
services. The bill prohibits mandatory cost sharing for certain 
services, including information and assistance, outreach, 
benefits counseling, and long-term care ombudsman and other 
protective services. Persons with low income will be exempt 
from mandatory cost sharing and older persons will be allowed 
to show their income on a self-declaration basis. The bill 
retains the current provisions regarding voluntary 
contributions for services. In addition, in keeping with the 
Committee's intent that consumers be given more choice of 
providers, the bill allows states to use a limited voucher 
system for supportive and nutrition services in circumstances 
where traditional services are not provided.
    In keeping with the Committee's desire to improve services, 
the bill expands a current law provision regarding quality of 
in-home services. The bill does this by requiring that the 
state have in effect a mechanism to provide for quality in the 
provision of all supportive and nutrition services provided 
under the state plan.
    The bill retains the current law requirements that services 
be targeted on older persons who have the greatest social and 
economic need for services. In addition, the bill clarifies 
that both state and area agencies must conduct outreach to 
target other specific groups of older persons, including low 
income minority older persons, persons with limited English-
speaking ability, with severe disabilities, and with 
Alzheimer's disease or related disorders with neurological and 
organic brain dysfunction, and older persons residing in rural 
areas. The bill requires that preference be given to persons 
with the greatest social and economic need for services, 
including low income minority older persons.
    The bill updates the title III interstate funding formula 
so that distribution of funds to states reflects most recent 
demographic trends of the older population. The formula is 
phased in over 5 years so that by the year 2001, all title III 
funds will be distributed according to the most recent data on 
states' population aged 60 and older.
    With respect to federal level operations, the Committee 
bill streamlines functions of AoA by eliminating many 
unnecessary or duplicative requirements, while retaining 
essential requirements that keep with its responsibilities as 
the federal focal point on aging services and programs. It 
retains requirements that AoA have persons in the agency who 
are responsible for the long-term care ombudsman program, the 
nutrition program, and programs and services for older Native 
Americans, while at the same time giving the Assistant 
Secretary for Aging the flexibility to design the federal 
administrative structure for these programs. The bill also 
eliminates the Federal Council on Aging.
    In addition to transfer of the community service employment 
program to AoA, the bill also transfers to AoA, federal 
administrative authority for the senior volunteer programs 
authorized by the Domestic Volunteer Service Act. These 
programs are transferred from the Corporation for National and 
Community Service, whose future existence is in doubt and which 
has been subject to declining appropriations. The Committee 
believes that the volunteer programs should be retained and can 
be appropriately administered by AoA.

                     improving services to seniors

    After 30 years of additional federal requirements being 
added to this hallmark legislation, the Older Americans Act 
Amendments of 1996 makes several long awaited reforms to the 
original 1965 Act. The bill improves services to seniors by 
providing better quality services; by driving more funds 
directly to local communities, and in turn, directly to 
seniors; by giving local providers the flexibility to design 
programs most needed by the elderly population in their own 
communities, and by helping seniors live fuller more active 
lives.
    The Committee focused on streamlining and consolidating 
programs under the Act with the intent to strengthen the Act 
overall. Over the years, with each reauthorization, new 
programs and new authorizations have been added, many of which 
have never been funded, and all of which have added to the Act 
becoming increasing complicated and unfocused. A primary 
example of this uncontrolled growth is the Title IV Training, 
Research, and Discretionary Projects and Programs. 
Appropriations in FY 1995 were $26 million, but due to 
increasing requirements placed upon the Act in the 1992 
Amendments, the Administration on Aging requested $45 million 
for FY '96, the largest funding increase request of all OAA 
services. While the Committee understands the importance of the 
Title IV activities, we felt this focus was misplaced. Major 
funding increases should be focused on core services in title 
III.
    While the Committee realizes the growth of title IV 
activities has become uncontrolled, the Committee additionally 
recognizes the benefits of many of these research, training and 
demonstration activities. Therefore, the Committee provides a 
substantial authorization of $26 million for the Assistant 
Secretary to make grants to carry out research, training and 
demonstration programs while consolidating the activity into 
Title I.
    The Committee bill consolidates 23 funding streams to 11, 
while allowing all current activities to be continued. The 
Committee believes that this will strengthen the Act by 
creating a more unified and solid base for Title III 
activities. The problems of the current funding structure were 
evident this year when the House Appropriations Committee 
eliminated funding for title IV, Research, Training and 
Demonstration Programs, and multiple small funding streams 
under title VII, Vulnerable Elders Rights Protection 
Activities.
    While the separate authorizations under title VII were 
consolidated into title III, the Committee maintains a very 
strong commitment to the Vulnerable Elders Rights Protection 
Activities. By allowing a state to retain up to 150% of what 
they used in FY '95 for their state long-term-care ombudsman 
program under title III and title VII, as well as the amounts 
they used for the statewide prevention of elder abuse, neglect 
and exploitation programs, the Committee believes that states 
can not only maintain, but expand their statewide elder abuse 
prevention programs. By having states reserve an amount from 
title III, these programs are guaranteed a stronger funding 
base.

                           Nutrition Programs

    The Committee believes the nutrition services under the 
Older Americans Act play a major role in helping seniors to 
continue to lead active, healthy lives and to avoid unnecessary 
institutionalization. To be effective in serving the 
nutritional needs of seniors, the program was modified to allow 
greater state and local flexibility in determining the type of 
meals to be served. There were, however, no modifications to 
the current nutritional standards for meals provided under this 
Act.
    At the present time, 65% of funding under Title III of the 
Older Americans Act is used for nutrition services for senior 
citizens. During consideration of changes to the Older 
Americans Act, the Committee met with the providers of 
nutrition services and representatives from Area Agencies on 
Aging. There was a general consensus that additional 
flexibility was needed at the local level in order to best meet 
the needs of senior citizens.
    Current law allows States to transfer up to 30 percent of 
their allotted funds between congregate and home-delivered 
nutrition services. They can also receive a waiver to transfer 
additional amounts. However, the demand for services can change 
from month to month and States and local providers need the 
flexibility to fund services when and where they are needed. As 
such, the Committee has blended the home-delivered and 
congregate meals programs and permits funds to be used for 
congregate meals, in-home meals and meals in adult day care 
facilities. In his testimony before the Committee, Fernando M. 
Torres-Gil, HHS, Assistant Secretary for Aging stated, ``In 
order to restore the flexibility of State and area agencies in 
aging to respond to differing and changing local needs, we 
would propose eliminating various categorical sub-part programs 
and would restore the primary focus by integrating them back 
into the two broad categories of nutrition services and 
supportive services.''
    The Committee has, however, included protections in the law 
to prevent the elimination of services in any particular area 
as long as there is a demonstrated need. Concerns were raised 
about the possibility that some programs would decide to fund 
in-home meals and eliminate congregate meal programs, 
regardless of whether or not a need continued to exist for such 
services. The Committee would oppose such action and has 
included these protections in the bill to insure that services 
will continue to exist as long as the need for such programs 
continues to exist.
    The Committee has also included provisions in the bill to 
encourage providers to insure that meals served reflect special 
needs of senior citizens. For example, if an individual is 
lactose intolerant, the Committee would expect an individual to 
be provided with an appropriate alternative in order to insure 
they receive the nutrients they require to remain in good 
health.
    The Committee has received reports that in some instances 
seniors continue to be given foods they cannot eat in order to 
insure that dietary standards are met. If meal components are 
not consumed, there is a concern that the nutritional health of 
seniors could be jeopardized. The Committee would, therefore, 
encourage providers to insure that necessary steps are taken to 
insure alternatives are provided in such instances.
    In addition to changes to nutrition programs operated by 
the Administration on Aging, the Committee has made changes to 
the nutrition program currently operated through the US 
Department of Agriculture and moved it to the Administration on 
Aging. It is the view of the Committee that this change will 
reduce paperwork and administrative burdens related to the two 
programs which have similar goals. While this program will 
still provide a per meal reimbursement, the fixed per meal 
reimbursement of $.60 per meal has been updated with an amount 
that will increase the number of meals served to senior citizen 
participants. The per meal amount will be established by 
dividing the amount appropriated for the program by the total 
number of meals served. Individual state funding will be 
determined by multiplying the number of meals served in each 
state by the per meal reimbursement amount. The Committee 
believes this program will be an incentive program to encourage 
states to increase the number of meals served to senior citizen 
participants.

                              Cost Sharing

    For the first time since enactment of the Older Americans 
Act, the Committee bill will permit States and local providers 
to require cost-sharing for those services they feel are most 
appropriate. The bill does not require cost-sharing for any 
service and it prohibits providers from denying services to 
participants based on their inability to pay.
    It is not the intent of the Committee, however, that States 
taking this option add additional paperwork burdens on local 
providers and require extensive applications. In fact, the 
cost-sharing provisions under this legislation make it clear 
that income determinations are based on self-declaration. As 
such, no individual will be required to provide income 
documentation or to share confidential information in a 
community setting such as a senior center. For example, senior 
centers with congregate meal programs could simply post a 
contributions schedule based on different income brackets and 
allow seniors to contribute according to their ``self-
declared'' income bracket.
    By allowing States and local providers to require cost-
sharing for specific services, the Committee expects that 
additional participants will be able to benefit from services 
under this Act. Under current law, providers are permitted to 
accept donations for services provided. In the past, such 
dollars have been used to provide services to additional 
participants. The Committee believes that allowing cost sharing 
will further enhance the ability of local providers to serve 
additional participants.
    Witnesses appearing before the Committee endorsed the 
concept of cost-sharing. In his testimony before the Committee, 
Richard Browdie, Secretary of PA Department of Aging said, 
``Simply put, the Older Americans Act gets in the way of 
developing systems which can be fully coordinated across 
funding streams for people of all income levels because OAA 
money cannot be subject to cost sharing. States need to be free 
to develop statewide cost sharing systems, or to permit AAAs 
the flexibility to develop systems if they wish to have 
differences in local communities. Access and advocacy services, 
as well as those pertaining to protection from abuse or 
exploitation should be exempted from any mandatory cost sharing 
requirements. And, states should be free to develop cost 
sharing for some services, such as personal and health related 
services delivered in the home or in the residential settings, 
while retaining voluntary contributions programs for others, 
such as congregate meals.
    Steven Niebler, Director, Adams County Office of Aging, 
Inc. Gettysburg, Pennsylvania, stated that, ``Because of the 
high percentage of state lottery dollars, Pennsylvania has 
permitted its Area Agencies on Aging to cost share in the in-
home services cost centers for approximately the past eight 
years. This has permitted AAAs in some cases to wipe-out 
waiting lists and, in others, to expand services. We have 
proven that it can work, and work well, if implemented in a 
thoughtful and thorough manner.''
    Another witness appearing before the Committee, Daniel L. 
Laver, Director of San Diego County Area Agency on Aging, 
stated that, ``In FY 1993-94, $1.8 million came from the 
seniors contributing to their own program. This is 4.5 times 
more money than was provided by the County of San Diego. Cost 
Sharing should be allowed for many of the Older Americans Act 
Programs, such as in-home care, legal services, day care, and 
nutrition, etc.''
    Peggy O'Neill, Bucks County Area on Aging, Director, 
stated, ``Bucks Area Agency on Aging has a waiting list of 
about 200 persons a month waiting for in-home services. We need 
cost sharing at this time, but again with flexibility at the 
local level.''
    Finally, Barbara J. Harris, National Association of Meal 
Programs, President-Elect stated, ``We would endorse the notion 
of some form of cost sharing that allows flexibility and 
community based decision making. We need more flexibility in 
our programs; and we need your help in getting there.''
    The Committee agrees wholeheartedly that decision-making 
with respect to cost-sharing should remain at the State and 
local level and, therefore decisions regarding the services for 
which cost-sharing would be required is left in the hands of 
State and local providers.
    It has been suggested that cost-sharing for services under 
the Older Americans Act will have a negative impact on program 
participation. The Committee disagrees. States like 
Pennsylvania, which have implemented cost sharing with State 
dollars have not found it to be a deterrent to participation. 
Ms. Crystal Lowe, Director, York County Area Agency on Aging 
stated, ``York County was very concerned that people would not 
want to or would not be able to pay for the service. We found 
overwhelmingly that our consumers did want to pay for what they 
got. In our community free service is often thought of as 
``being on the dole.''
    Finally, the Committee would like to point out that this 
legislation allows States to continue to solicit voluntary 
contributions rather than implementing cost-sharing for 
available services. (Voluntary contributions are usually based 
on a chart posted in a public area where services are provided. 
The chart's list suggests contributions based on income.) 
States could solicit voluntary contributions for some services 
and require cost-sharing for others.

                      use of vouchers for services

    The bill reported by the Committee requires State plans to 
identify each specific supportive service and each nutrition 
service (if any) which the State agency elects to permit area 
agencies on aging to provide through the use of vouchers. The 
Committee adopted the voucher concept in order to address 
concerns that senior citizens in certain areas were unable to 
benefit from Older Americans Act services because of their 
geographic location and a lack of service providers. The 
Committee does not expect vouchers to be used unless services 
are otherwise unavailable and has taken steps to avoid the 
unnecessary use of vouchers by limiting their use to instances 
where the area agency on aging is unable to provide such 
service by contract with a service provider.
    The Committee bill continues to insure that high quality, 
nutritional meals will be provided to seniors using vouchers by 
requiring that such meals comply with the Dietary Guidelines 
and meet other dietary requirements for meals served under this 
Act. Without this provision the Committee fears that some 
seniors, particularly those residing in rural areas, may not be 
able to avail themselves of important services (such as 
nutritional meals) provided under this Act. It will, however, 
monitor the use of such vouchers to insure that this provision 
is not abused.

       changes to the senior community service employment program

    The Committee believes that the Senior Community Service 
Employment Program (SCSEP) provides many benefits to seniors, 
keeping them active, providing services to the community, and 
often times improving both their mental and physical well-
being. The Committee views the SCSEP program as a community 
oriented subsidized employment program for hard to employ 
seniors that can provide training opportunities to those 
seniors with the capacity and interest to transition into 
private sector employment.
    However, in the past few years many concerns have been 
raised regarding the US Department of Labor's use of a non-
competitive process to award SCSEP grants to the ten non-profit 
``national sponsors'' and the state governments who administer 
the program for the Department. The role of the National 
organizations, the non-competitive nature of the federal 
funding and the way in which these organizations have 
historically spent federal dollars all have come into question.
    Earlier in the year the House Budget Committee recommended 
elimination of SCSEP funding. The Opportunities Committee 
believes the intent of the SCSEP program should be preserved 
but that the program needs extensive overhaul. This sentiment 
was further solidified with the release of a US General 
Accounting Office Report (GAO/HEHS-96-4) in November of 1995 
entitled ``Senior Community Service Employment Program Delivery 
Could be Improved Through Legislative and Administrative 
Actions.''
    The GAO report had several findings that guided the 
Committee's work: The current statute required the Department 
of Labor to award grants to national sponsors based on a 1978 
``hold harmless'' which in effect allowed both national 
sponsors and states to maintain their 1978 level of activities. 
Of the $410 million appropriation in program year 1994, $234 
million was distributed under this provision. This use of the 
1978 allocations greatly limits the ability to achieve 
equitable distribution among the states on the basis of actual 
need in 1996. Additionally, the GAO found that the 
Appropriations statutes had also effected equitable 
distribution, while the OAA requires the excess funds above the 
1978 amount be split 55% for states and 45% for the national 
sponsors, in every year since 1978 the Appropriations Committee 
has overridden the provision and favored funding to the 
national sponsors by allocating 78% to them. The remainder, a 
mere 22%, has been allocated to State governments.
    Of the 1994 program year appropriation, the Labor 
Department allocated the national sponsors $320.2 million (78 
percent) and the states and territories $90.3 million (22 
percent). The ten national sponsors that received grant awards 
were:

American Association of Retired Persons (AARP)..........     $48,000,000
Green Thumb Inc.........................................     100,000,000
National Council on Aging (NCOA)........................      36,000,000
National Council of Senior Citizens (NCSC)..............      61,000,000
National Urban League...................................      15,000,000
National Caucus and Center on Black Aged................      12,000,000
Associacion Nacional Pro Personas Mayores...............      12,000,000
National Indian Council on Aging........................       5,000,000
National Asian Pacific Resource Center on Aging.........       5,000,000
United States Forest Service............................      26,000,000
                    --------------------------------------------------------
                    ____________________________________________________
    Total...............................................     320,000,000

    The GAO report found that national sponsors exceeded the 
administrative cap in law by $20 million by improperly 
classifying costs. Most national sponsors budgeted amounts for 
1994 SCSEP administrative expenses in excess of the legal 
limit. Their documents reported expenses within the legal limit 
by misclassifying about $20 million of administrative expenses 
as something other than administrative expenses.
    While the Committee believes strongly in preserving the 
intent of the SCSEP program, we believe that States are in a 
better position to administer employment programs. States have 
greater incentive than the national sponsors to provide for a 
more equitable distribution of job positions throughout the 
state. They are closer to the needs of their own senior 
population, and allowing States to administer the program would 
reduce the duplicative nature of the current program.
    Currently, each of the national sponsors has its own 
approach to distribution of funds to its local branches, 
benefits to enrollees, and administration. Many national 
organizations choose not to operate any programs in certain 
states. This has often caused inequities of services throughout 
different communities in the same state. In hearings before the 
Committee, witnesses testified that in many local areas, Area 
Agencies on Aging (AAA) are put in the position of competing 
against local branches of national organizations to fill the 
job slots, while other communities are under-served and do not 
have enough job slots to serve needy seniors. By giving more 
control of the program to states we would expect that they 
would provide more uniform programs and benefits for senior 
enrollees.
    Additionally, the Committee believes that the States must 
award grants on a competitive basis. The Committee realizes 
that many organizations, local and national, have a history of 
providing quality employment services to seniors. Therefore, 
the Committee requires states to compete grants among public or 
non-profit private agencies or organizations, tribal 
organizations, area agencies on aging, and national 
organizations in order to provide Community Service Employment 
programs. The state has the option of competing these grants on 
either a local or statewide basis. The Committee encourages 
states to best serve the employment needs of the senior 
populations within each state while striving for equitable 
distribution within the State. The Committee is concerned, 
however, that whatever option the States chooses it will 
implement a system that better serves the senior population 
than the current structure dominated by the national 
organizations.
    The Committee additionally feels that a higher percentage 
of funds should go directly toward wages and benefits for 
seniors participating in this program. Therefore a requirement 
that 85% of each grant awarded by the Assistant Secretary must 
be used to pay wages and benefits has been included. The 
remaining 15% is to be used for State and local grantee 
administrative costs as well as any other enrollee costs. The 
Committee recognizes the labor intensive nature of 
administering the SCSEP program for local grantees and would 
expect that States provide grantees with a reasonable amount of 
administrative funding to carry out an effective program.
    While the Committee intends that the required competition 
be held on a level playing field for all participants, we have 
specifically required that States give special consideration to 
organizations who have demonstrated effectiveness through past 
performance. If an organization has provided services 
effectively in the past, with reasonable administrative costs 
and maintains a cooperative working relationship with the 
State, and maintains effective State and Federal linkages, we 
would expect that they would be in a better position to serve 
seniors based on their experience over a new organization with 
no previous experience. Additionally, the Committee would like 
to clarify that all ten national organizations who currently 
administer the SCSEP program under the Older Americans Act of 
1965 are eligible, along with other listed entities to compete 
for grants at the State level.
    The State must also ensure to the maximum extent possible 
that through coordination with new grantees, individuals 
participating in the SCSEP program are not displaced due to 
program transition. The implementation of the new structure of 
the SCSEP program is effective for FY 97, since the SCSEP 
program funds are not distributed until July 1, 1997 this 
allows for a full year for States and current grantees to 
prepare for the new competitive structure.
    Through transferring the SCSEP program to the States the 
Committee realizes the improbability of the US Forest Service 
being awarded grants by States. Therefore it is the desire of 
the Committee that States encourage grant recipients to place 
some enrollee positions in Forest Service job slots where they 
are available. This activity would benefit both the Forest 
Service in maintaining their SCSEP program enrollees as well as 
assisting grant recipients in finding suitable job placements 
for senior enrollees. The Committee firmly believes the U. S. 
Forest Service provides beneficial opportunities to senior 
enrollees, and the change in structure in no way was intended 
to reflect poorly on the performance of the Forest Service. We 
would support any innovative approaches beyond our suggestions 
to continued placement with the Forest Service.
    Additionally, through the transfer of the SCSEP program 
from the Department of Labor to the Administration on Aging, 
the Committee hopes to streamline delivery of all OAA services 
through AoA. We expect that the Department of Labor and the 
Administration on Aging will work closely together to minimize 
disruption to services as well as assist in the transfer of 
program data, assistance and any related personnel.

       Movement of the National Senior Volunteer Programs to the 
                        Administration on Aging

    The three senior volunteer programs, the Retired and Senior 
Volunteer Program, Senior Companions and Foster Grandparents 
programs are effective volunteer programs which are currently 
operated as part of the Corporation for National Service 
(Americorps). The Committee has moved governance of these 
programs to the Administration on Aging.
    The Committee took this action in an effort to stimulate 
better coordination among programs serving our nation's senior 
citizens. There is currently language in both laws requiring 
coordination of programs operated under the Older Americans Act 
and the Senior Volunteer Programs. This move makes such 
coordination easier. It does not, however, change the structure 
or operation of National Senior Volunteer Service Corps 
programs.
    Another reason for moving these successful programs to the 
Administration on Aging is to protect them from the politically 
divisive debate on Americorps. Members on the Committee want to 
insure the senior volunteer programs will be funded in the 
future and this move takes a positive step in this direction. 
According to Sandra Reminga, Executive Director of the Lapeer 
and Genesee Counties Foster Grandparents Programs, Burton, 
Michigan ``* * * perhaps, because the Action programs have been 
so successful--Foster Grandparents, Senior Companion, RSVP--it 
may be worth consideration to move the Action programs under 
the Older Americans Act for that mantle of protection and 
efficient coordination with the rest of the aging services.''
    The senior volunteer programs under Title IV also share 
certain characteristics with the Community Service Employment 
Program under Title III. As a primary example, these programs 
add to the health and well-being of seniors by helping them 
continue to be contributing members of society.
    Likewise, both provide individuals with a stipend (except 
for RSVP for which there is no stipend) for their work which 
allows them to remain independent and not depend on family 
members and others for support. Additionally, both the 
Community Service Employment Program and the Senior Companion 
and Foster Grandparents programs require that participants be 
chosen from those individuals with fewer financial resources.
    Finally, individuals working under the Community Service 
Employment Program and the individual senior volunteer programs 
provide a variety of services which benefit a wide range of 
individuals. For example, under the National Senior Volunteer 
Service Corps, senior volunteers help children with exceptional 
or special needs (Foster Grandparents) and provide assistance 
and companionship to other older individuals (Senior 
Companions). Volunteers under the Retired and Senior Volunteer 
Program use their experience, abilities and skills to respond 
to a wide variety of community needs, such as literacy 
enhancement, long-term care, crime prevention, refugee 
assistance and housing rehabilitation.
    In actuality, the move to the Administration on Aging is a 
return home for senior volunteers programs. Two of the senior 
volunteer programs, the Retired Senior Volunteer Program and 
the Foster Grandparent Program began under this Act. Senior 
volunteer programs and the volunteers who donate their time to 
serving others, deserve the protection accorded to them through 
this move to the Administration on Aging. It is the view of the 
Committee that this move will be a positive one for the 
National Senior Volunteer Service Corps programs, their 
participants and their ultimate beneficiaries.

                                Summary

    The bill amends the Older Americans Act by including the 
following:

                      title i: general provisions

    Title I clarifies and simplifies the General Provisions 
relating to the Older Americans Act. It establishes a new 
clarified purpose for the Act and consolidates all definitions 
for the Act that previously had been scattered through various 
titles. Additionally, this title establishes the Administration 
on Aging (AoA) within the Department of Health and Human 
Services. The Assistant Secretary is authorized to make grants 
in order to conduct research and training programs. Offices 
within the Administration are streamlined and an authorization 
is provided in order to administer the newly placed National 
Senior Volunteer Programs.

              title ii: grants to native american programs

    Title II, Grants to Native Americans sets out to provide 
for the delivery of nutrition and supportive services to 
American Indians, Alaska Natives and Native Hawaiians that are 
comparable to title III nutrition and supportive services. This 
title contains a separate authorization for grants to native 
Americans.

                Title III: Grants for Programs on Aging

    This title authorizes grants to State and area agencies on 
aging to provide and coordinate programs for the elderly. It 
sets up the organizational structure of the ``Aging Network'' 
linking AoA, State and area agencies on aging and other public 
and private agencies to improve and expand services for older 
persons. Title III sets up eligibility requirements for States 
and area agencies to receive federal funds. It supports 57 
State agencies on aging and 665 area agencies on aging. The 
title is divided into three programs, Supportive Services, 
Nutrition Services and Employment Services. Each has it's own 
authorization.
    The administrative set-aside for State Agencies on Aging is 
7% and for Area Agencies on Aging, 10%. Under this title, 
States are allowed to use cost-sharing for certain in-home type 
services. Voluntary contributions are continued.
    A broad array of supportive services are authorized under 
title III including the State Long Term Care Ombudsman Program 
and Elder Rights Protections. Title III consolidates two 
current major nutrition programs, in-home delivered meals and 
congregate meals into one funding stream for nutrition 
services. The USDA nutrition program remains on a per-meal 
reimbursement rate. There is a 25% transfer authority between 
nutrition and supportive services. Funding for Supportive 
Services and Nutrition programs are distributed on the basis of 
a State's relative share of the population age 60 and over. 
This formula phases out the current 1987 hold harmless over a 
five year period.
    This title authorizes funding for the Senior Community 
Service Employment Program (SCSEP). The Assistant Secretary 
sends all funds for the SCSEP program directly to States. Funds 
for Employment services would be sent out under a separate 
formula from Nutrition and Supportive Services. The employment 
formula holds all states at their FY 96 levels and distributes 
money above that amount on the current age 55+ and State per 
capita income formula. States are then required to compete 
grants among eligible entities at either a Statewide or local 
level. Additionally, administration of the SCSEP program is 
transferred from the Department of Labor to the Administration 
on Aging in the Department of Health and Human Services.

              Title IV: National Senior Volunteer Programs

    The Senior Volunteer Programs currently housed under the 
Corporation for National Service are placed in Title IV of the 
OAA. Title IV would essentially retain their current operating 
structure, while transferring them at the Federal level to the 
Administration on Aging.
    This title continues the following senior volunteer 
programs: the Retired and Senior Volunteer Program which has 
been authorized since 1969 and provides non-stipended volunteer 
opportunities for individuals aged 55 and older; the Foster 
Grandparent Program (age 55 and over) which was developed in 
1965 (included as part of the OAA in 1969); and helps foster 
grandparents become part time volunteers who provide support 
services to disabled children and other children with special 
or exceptional needs. They receive stipends of $2.45 per hour 
for their volunteer service; and the Senior Companion Program, 
similar to the Foster Grandparents Program, in that volunteers 
receive a stipend for service and must meet certain eligibility 
requirements. These seniors provide services to frail elderly.

                      Section-by-Section Analysis

          AMENDMENT IN THE NATURE OF A SUBSTITUTE TO H.R. 2570

    Sec. 1. Contains the short title for the Act.
    Sec. 2. Contains the Table of Contents for the Act.
    Sec. 3. Contains an Amendment to the Older Americans Act of 
1965 as follows:
    ``Sec. 1. Contains the short title for the Act.''
    ``Sec. 2. Contains the table of contents for the Act.''

Title I--General Provisions

            Subtitle A--Statement of purpose; definitions
    ``Sec. 101. Contains the purpose of the Act.''
    ``Sec. 102. Contains the definitions for the Act.''
            Subtitle B--Administration
    ``Sec. 111. Establishment of the Administration on Aging. 
Establishes the Administration on Aging within the Department 
of Health and Human Services, headed by an Assistant Secretary. 
Requires the Assistant Secretary to designate for certain 
offices, an individual within the Administration on Aging who 
will be responsible for the federal administration of programs 
relating to Native Americans and has expertise with respect to 
programs affecting Native American; an individual who will be 
responsible for the federal administration of activities 
relating to State long term care ombudsman programs; an 
individual who will be responsible for the federal 
administration of nutrition services and has expertise in 
Nutrition Services; and individual who has expertise in 
administering Senior Volunteer Programs.''
    ``Sec. 112. Duties of Assistant Secretary. Sets forth the 
duties of the Assistant Secretary: Advocacy for older 
individuals, collection and dissemination of information, 
assistance to the Secretary on issues related to aging, to 
administer grants made under this Act, to provide technical 
assistance, to prepare and disseminate educational materials, 
to gather statistics, to assist in planning activities, to 
collect statistical data on programs under this Act, to 
implement a uniform data collection procedure, to operate a 
toll-free assistance telephone hotline.''
    ``Sec. 113. Federal Agency Consultation. Requires the 
Assistant Secretary and heads of other Federal Departments to 
coordinate activities related to the purpose of this Act.''
    ``Sec. 114. Powers of the Assistant Secretary. Allows the 
Assistant Secretary to provide assistance to public or 
nonprofit private agencies, provide short term training and 
technical instruction, conduct research and demonstrations, 
collect and disseminate information related to programs funded 
under this Act. Gives the Assistant Secretary authority to make 
grants and enter into contracts to expand knowledge on the 
aging process, to promote innovative ideas for improving 
services, for education and training, for research, to improve 
quality, for demonstration projects, for technical assistance, 
and dissemination of information.''
    ``Sec. 115. Evaluations. Allows the Assistant Secretary to 
evaluate programs and activities provided under this Act, and 
states how the Assistant Secretary shall obtain information for 
the evaluations.''
    ``Sec. 116. Reports. Requires the Assistant Secretary to 
prepare and submit a report on the programs carried out under 
this Act and what information that report shall include.
    ``Sec. 117. Reduction of Paperwork. Requires the Assistant 
Secretary to take necessary actions to reduce paperwork 
required under this Act.''
    ``Sec. 118. Surplus Property Eligibility. Allows State and 
local agencies that receive funding under this Act to receive 
surplus property of the Federal Government.''
    ``Sec. 119. Treatment of Benefits Under Other Laws. 
Provides that no benefit received under this Act is to be 
treated under any Federal, State or local law as income or 
resources of an eligible individual participating in programs, 
projects or activities under this Act.''
    ``Sec. 120. Authorization of Appropriations. Authorizes 
funding for the Administration on Aging for expenses (including 
salaries), for the toll-free telephone assistance hotline, for 
the Assistant Secretary to carry out grants, and for the 
Administration on Aging expenses for administering the Senior 
Volunteer Programs for years FY 1997-2001.''

Title II--Grants for Native American Programs on Aging

    ``Sec. 201. Grants for Services to Native Americans. Allows 
the Assistant Secretary to 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. Lists qualifications for 
organizations eligible to receive a grant under this title.''
    ``Sec. 202. Application for Grants. Requires that eligible 
organizations must submit an application to the Assistant 
Secretary in order to receive a grant. Sets forth application 
requirements. Allows organizations to develop their own 
population statistics. Requires the Assistance Secretary to 
provide organizations with specific information if their 
application is not approved. States the grant period is to be 
not less than 12 months in duration.''
    ``Sec. 203. Distribution of Funds Among Tribal 
Organizations and Alaska Native Organizations and Organizations 
Serving Native Hawaiians. Provides that grants made to tribal 
organizations, Alaska Native Organizations or organizations 
serving Native Hawaiians for fiscal year 1997 and subsequent 
years are not to be less than the amount received in fiscal 
year 1991. Sets forth the allotment of additional amounts 
appropriated.''
    ``Sec. 204. Surplus Educational Facilities. Requires the 
Secretary of the Interior, through the Bureau of Indian Affairs 
to make available surplus Indian education facilities and 
surplus Alaska Native Educational facilities to organizations 
for use as multipurpose senior centers. Makes available to 
organizations serving Native Hawaiians any other surplus 
educational facilities located in the State of Hawaii that are 
under the control of the Secretary of the Interior for such 
purposes.''
    ``Sec. 205. Administration. Requires the Assistant 
Secretary to consult with the Secretary of the Interior for the 
purpose of issuing rules to carry out this title.''
    ``Sec. 206. Payments. Allows payments under this subtitle 
to be made in advance or by way of reimbursement according to 
conditions the Assistance Secretary may determine.''
    ``Sec. 207. Authorization of Appropriations. Authorizes the 
appropriation of funds to carry out this title for fiscal years 
1997 through 2001.''

Title III--Grants for programs on aging

            Subtitle A--Grants for State and community programs on 
                    aging

                     Chapter 1--General Provisions

    ``Sec. 301. Technical Assistance and Cooperation. States 
that the Assistant Secretary may request assistance and 
cooperation from other appropriate Federal Agencies.''
    ``Sec. 302. Allotments: Federal Share. Sets forth the 
formula for allotment of funds to States for Supportive 
Services and Nutrition Services. Additionally, sets for the 
formula for allotment of funds to States for Community Service 
Employment.''
    ``Sec. 303. Eligibility of States; Organization. Sets forth 
eligibility requirements for States to receive funds under this 
title.''
    ``Sec. 304. State Plans. Requires each State to submit a 
State plan to the Assistant Secretary in order to be eligible 
to receive funds under this title. Sets forth the required 
elements necessary in the State Plan such as: a uniform area 
plan format, approval of area plans, evaluation of need, 
procedures for hearings, fiscal control and fund accounting, 
guidelines avoiding conflict of interest, information and 
assistance services, limitation on providing direct services, 
requirements for the State Long Term Care Ombudsman Program, 
provisions if the State elects to provide legal assistance, 
provisions if the state elects to provide elder abuse 
prevention, outreach requirements, services for older 
individuals with disabilities, coordination of community based 
long term care services, prohibitions on the misuse of funds, 
coordination of services and provisions for multi-generational 
services, quality assurances, provisions if the State elects to 
require cost sharing, solicitation of voluntary contributions, 
provisions if the State elects to use vouchers. Sets forth the 
process for approval or disapproval of the State Plan. Includes 
a provision preserving attorney-client privileges.''
    ``Sec. 305. Area Plans. Requires each Area Agency on Aging 
to submit an area plan in order to be approved by the State 
agency. Sets forth required elements necessary in the Area plan 
such as: the scope of the plan, the promotion of independent 
living, information and assistance services, specific 
objectives and outreach, evaluations; technical assistance and 
information; advocacy; and the establishment of advisory 
councils, the use of volunteers, provisions if the area agency 
elects to provide programs related to the prevention of elder 
abuse, description of activities, disclosure of sources and 
expenditures of funds, procedures for the prohibition of the 
misuse of funds, prohibitions of contractual preferences, case 
management services, provisions on cost sharing, services for 
individuals with disabilities, preservation of attorney client 
privileges, sets forth the state authority to withhold funds.''
    ``Sec. 306. Planning, Coordination, Evaluation, and 
Administration of State Plans. Sets forth limitations and uses 
of funds by the State. Also gives authority to transfer funds 
between supportive and nutrition services.''
    ``Sec. 307. Payments. Sets forth payments of grants in a 
manner as the Assistant Secretary may determine.''

     Chapter 2--Supportive Services and Multipurpose Senior Centers

    ``Sec. 321. Program Authorized. Requires the Assistant 
Secretary to carry out a program for making grants to States to 
carry supportive services. Lists the types of supportive 
services that can be funded under this chapter.''

                      Chapter 3--Nurition Services

    ``Sec. 331. Program Authorized. Requires the Assistant 
Secretary to carry out a program of grants to States for the 
establishment and operation of nutrition programs. Sets forth 
requirements for such programs, including a requirement for the 
provision of at least one meal per day.''
    ``Sec. 332. Additional Requirements. Sets forth additional 
requirements for States which establish and operate nutrition 
projects, including the need to: solicit the advice of a 
dietitian or individual of comparable expertise, ensure that 
meals comply with the Dietary Guidelines for Americans, provide 
flexibility to local nutrition providers to design meals 
appealing to program participants, limit the amount of time 
meals spend in transit before they are consumed, and provide 
nutrition education, counseling, and screening, etc.''

      Chapter 4--Community Service Employment for Older Americans

    ``Sec. 351. Contains the short title for this Chapter.''
    ``Sec. 352. Older American Community Service Employment 
Program. Requires the Assistant Secretary to make grants to 
eligible States for the purpose of providing employment 
opportunities to low-income older individuals. Sets forth 
limitations on uses of funds, requirements for States, 
eligibility, special consideration, determinations of need, 
equitable uses of funds, requirements for reports, requirements 
for rules, under this Chapter.''
    ``Sec. 353. Participants Not Federal Employees. Sets forth 
that individuals who participate in programs funded under this 
chapter will not be considered to be Federal employees. 
Additionally, sets forth workmen compensation requirements for 
contract agreements.''
    ``Sec. 354. Treatment of Employment Assistance For Purposes 
of Federal Housing and Food Stamp Programs. States that funds 
received under this chapter shall not be considered income for 
determining eligibility for assistance under certain Federal 
programs.''
            Subtitle B--Authorization of appropriations
    ``Sec. 381. Authorization of Appropriations. Contains 
authorizations of appropriations for Subtitle A: Supportive 
Services, Nutrition Services, Employment Services.''
    ``Sec. 382. Additional Funds Available for Nutrition 
Services. Authorizes additional funds for Nutrition Services 
from the Secretary of Agriculture. Allows the Assistant 
Secretary to divide funds and allows States to receive and 
purchase commodities.''

Title IV--National Senior Volunteer Service Corps

    ``Sec. 401. Statement of Purposes. Sets for the purposes of 
the Retired and Senior Volunteer Program, the Foster 
Grandparent Program and the Senior Companion Program.''
            Subtitle A--Retired and Senior Volunteer Program
    ``Sec. 411. Grants and Contracts for Volunteer Service 
Projects. Allows the Assistant Secretary to make grants to 
State agencies or grants to or contracts with other public and 
nonprofit private agencies and organizations to pay part of all 
of the cost for the development, operation or both of volunteer 
service projects under this subtitle. Sets forth the limitation 
on reimbursement for volunteers, eligibility criteria for 
volunteers and projects, provides for necessary training of 
volunteers, and establishes the amount of the local 
contribution towards the cost of a project and grounds for 
waiving such local contribution.''
            Subtitle B--Foster Grandparent Program
    ``Sec. 421. Grants and Contracts for Volunteer Service 
Projects. Allows the Secretary to make grants to, or contracts 
with, public and nonprofit private agencies and organizations 
to pay part or all of the cost of development and operation of 
projects to provide opportunities for low-income older 
individuals to serve as foster grandparents. Outlines the types 
of services which can be provided. Gives priority to 
individuals 60 years of age or older, sets forth the amount of 
each project to be funded by the Assistant Secretary, allows 
local projects to determine which children are eligible for 
services, allows the Assistant Secretary to provide allowances, 
stipends and other support to low-income foster grandparents, 
sets forth the floor for the stipend amount as of December 31, 
1997, and provides for the use of volunteers who are not low-
income older individuals.''
            Subtitle C--Senior Companion Volunteer Program
    ``Sec. 431. Grants and Contracts for Volunteer Service 
Projects. Allows the Secretary to make contracts with public 
and nonprofit private agencies and organizations to pay part or 
all of the cost of projects designed to provide opportunities 
for low-income individuals to provide services as senior 
companion volunteers to individuals with exceptional needs. 
Outlines the eligibility criteria for program beneficiaries, 
allows the Assistant Secretary to make grants or contracts for 
senior companion volunteer projects to assist homebound 
individuals 60 years of age or older to remain in their homes 
and enable institutionalized individuals 60 years of age or 
older to return to home-care settings, gives priority to 
individuals 60 years of age or older, sets forth the amount of 
each project to be funded by the Assistant Secretary, allows 
the Assistant Secretary to provide allowances, stipends and 
other support to senior companions, sets forth the floor for 
the stipend amount as of December 31, 1997, and provides for 
the use of volunteers who are not low-income older 
individuals.''
            Subtitle D--General provisions
    ``Sec. 441. Promotion of National Senior Volunteer Service 
Corps. Requires the Assistant Secretary to consult with Federal 
agencies administering related programs in order to achieve 
optimal coordination. Calls on such Federal agencies to 
cooperate with the Assistant Secretary in disseminating 
information on the availability of assistance under this Title. 
Requires the Assistant Secretary to enter into contracts with 
specific programs. Requires the Assistant Secretary to 
encourage and facilitate efforts of private organizations to 
promote the volunteer programs. Requires the Assistant 
Secretary to take appropriate actions to ensure special efforts 
to publicize programs in order to facilitate recruitment 
efforts, encourage greater participation of volunteers, etc. 
and authorizes funds for such purpose.''
    ``Sec. 442. Payments. Provides that payments for grants and 
contracts can be made in advance or by way of reimbursement 
under conditions as the Assistant Secretary may determine.''
    ``Sec. 443. Use of Locally Generated Contributions In 
National Senior Volunteer Service Corps. Provides that the 
Assistant Secretary cannot restrict the use of funds generated 
through local contributions in excess of the amount required 
under this Title if they are not inconsistent with the 
provisions of this Title.''
    ``Sec. 444. Adjustments to Federal Financial Assistance; 
Reports. Requires the Assistant Secretary to consider the 
impact of changes in the Consumer Price Index on the 
administrative costs of operating projects when determining the 
amount of financial assistance provided to applicants. Requires 
a report to appropriate congressional Committees every two 
years on the extent to which adjustments are made.''
    ``Sec. 445. Multiyear Grants or Contracts. Permits the 
Assistant Secretary to make a grant or enter into a contract 
for a period not to exceed 3 years. Sets forth conditions under 
which multiyear grants or contracts are to be made and the 
treatment of recipients of such multiyear grants or 
contracts.''
            Subtitle E--Administration and coordination
    ``Sec. 461. Administrative Structure. Requires the 
Assistant Secretary to set up an organization structure for the 
administration of this Title which, to the extent practicable, 
retains the structure which existed prior to enactment of this 
Act. Requires such structure to include State offices and 
multistate regional offices and to have responsibilities 
similar to those such offices had under prior law.''
    ``Sec. 462. Political Activities: Prohibits funds under 
this act to be used for activities which would influence the 
outcome of any election to any Federal, State or local public 
office or to pay the salary of any officer or employee who 
would engage in such activity in their official capacity. 
Requires that programs funded under this Title are not be 
carried out in such a manner that they would be identified with 
any partisan or nonpartisan political activity associated with 
a candidate or contending faction or group in an election for 
public or party office or any activity to provide voters or 
prospective voters transportation to the polls or any voter 
registration activity. Prohibits the use of program funds for 
any activity which would influence the passage or defeat or 
legislation or proposals by initiative petition, with few 
exceptions. Requires the Assistant Secretary to issue rules 
providing for the enforcement of this section.''
    ``Sec. 463. Special Limitations. Requires the Assistant 
Secretary to issue rules to ensure that the service of 
volunteers under this Title is limited to activities which 
would not otherwise be supplied by employed workers and that 
will not supplant the hiring or displacement of employed 
workers or impair existing contracts for services. Requires 
that all support provided to volunteers be furnished at the 
lowest possible cost. Prohibits any agency or organization to 
which volunteers are assigned from request or receiving 
compensation from volunteers or the beneficiaries of such 
volunteer services. Prohibits funds under this Title from being 
used to finance labor or anti-labor organization or related 
activity. Requires volunteers to provide such information on 
their qualifications as the Assistant Secretary requires.''
    ``Sec. 464. Coordination with Other Programs. Requires that 
the Assistant Secretary coordinate volunteer programs with each 
other and other related Federal, State and local programs. 
Consultation with the heads of other Federal, State and local 
agencies responsible for related programs is required in order 
to encourage greater use of volunteer services.''
    ``Sec. 465. Notice and Hearing Procedures for Suspension 
and Termination of Financial Assistance. Allows the Assistant 
Secretary to suspend or terminate payments under grants or 
contracts when it is determined there is failure to comply with 
the terms and conditions of such grant or contract. Sets up 
procedures for hearings, notice.''
    ``Sec. 466. Distribution of Benefits Between Rural and 
Urban Areas. Requires the Assistant Secretary to establish 
measures to ensure benefits and services are distributed 
equitably between residents or rural and urban areas.''
    ``Sec. 467. Volunteers Not Federal Employees. States that 
volunteers are not considered Federal employees and are not 
subject to laws relating to officers and employees of the 
Federal Government and to Federal employment.''
    ``Sec. 468. Evaluation. Allows the Assistant Secretary to 
evaluate the impact of all programs, projects and activities 
under this title, their effectiveness in achieving goals, etc. 
Allows the Assistant Secretary to evaluate the impact of 
nonstipended volunteers on the Foster Grandparents and Senior 
Companions volunteer programs. Allows the Assistant Secretary 
to use not more than 1 percent of funds appropriated to conduct 
such evaluations.''
    ``Sec. 469. Eligibility for Other Benefits. Provides that 
reimbursements to volunteers are not to be subject to any tax 
or charge or treated as wages or compensation for purposes of 
unemployment, retirement.''
    ``Sec. 470. Legal Expenses. Allows the use of counsel and 
payment of counsel fees, court costs, etc. incidental to the 
defense of volunteers if such proceedings arise out of the 
performance of activities under this title.''
            Subtitle F--Authorization of appropriations for programs
    ``Sec. 491. Authorization of Appropriations for Programs. 
Sets for the authorization amount for the Retired and Senior 
Volunteer Program, the Foster Grandparent Program and the 
Senior Companion Program for fiscal years 1997-2001.''
    Sec. 4. Conforming Amendments. Contains conforming 
amendments.
    Sec. 5. Fiscal Year References for Fiscal Year 1997. 
Definition of ``preceding year'' for fiscal year references.
    Sec. 6. Issuance of Rules. Requirement for issuance of 
rules.
    Sec. 7. Enforcement Authority. Provides that the Secretary 
of Health and Human Services shall have authority to enforce 
compliance with the requirements applicable to title II of the 
Domestic Volunteer Service Act of 1973 and to funds available 
to carry out such title.
    Sec. 8. Transfers; Savings Provisions. Contains 
requirements for the transfers of programs between Federal 
departments.
    Sec. 9. Effective Dates. Sets effective dates for various 
amendments to the Act.

                  Oversight Findings of the Committee

    In compliance with clause 2(l)(3)(A) of rule XI of the 
Rules of the House of Representatives and clause 2(b)(1) of 
rule X of the Rules of the House of Representatives, the 
Committee's oversight findings and recommendations are 
reflected in the body of this report.

                     Inflationary Impact Statement

    In compliance with clause 2(l)(4) of rule XI of the Rules 
of the House of Representatives, the Committee estimates that 
the enactment into law of H.R. 2570 will have no significant 
inflationary impact on prices and costs in the operation of the 
national economy. It is the judgment of the Committee that the 
inflationary impact of this legislation as a component of the 
federal budget is negligible.

                    Government Reform and Oversight

    With respect to the requirement of clause 2(l)(3)(D) of 
rule XI of the Rules of the House of Representatives, the 
Committee has received no report of oversight findings and 
recommendations from the Committee on Government Reform and 
Oversight on the subject of H.R. 2570.

                           Committee Estimate

    Clause 7 of rule XIII of the Rules of the House of 
Representatives requires an estimate and a comparison by the 
Committee of the costs which would be incurred in carrying out 
H.R. 2570. However, clause 7(d) of that rule provides that this 
requirement does not apply when the Committee has included in 
its report a timely submitted cost estimate of the bill 
prepared by the Director of the Congressional Budget Office 
under section 403 of the Congressional Budget Act of 1974.

                Application of Law to Legislative Branch

    Section 102(b)(3) of Public Law 104-1 requires a 
description of the application of this bill to the legislative 
branch. This bill encourages and assists 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 services employment, and volunteer services. 
The bill does not prohibit legislative branch employees from 
otherwise being eligible for such services under these programs 
in this Act.

                       Unfunded Mandate Statement

    Section 423 of the Congressional Budget and Impoundment 
Control Act requires a statement of whether the provisions of 
the reported bill include unfunded mandates; the bill provides 
funds for programs authorized under this bill at the local 
level and as such does not contain any unfunded mandates. The 
Committee also received a letter regarding unfunded mandates 
from the Director of the Congressional Budget Office. See 
infra.

     Budget Authority and Congressional Budget Office Cost Estimate

    With respect to the requirement of clause 2(l)(3)(B) of 
rule XI of the House of Representatives and sec. 308(a) of the 
Congressional Budget Act of 1974 and with respect to 
requirements of clause 2(l)(3)(C) of rule XI of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for H.R. 2570 from the Director of the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, April 15, 1996.
Hon. William F. Goodling,
Chairman, Committee on Economic and Educational Opportunities, House of 
        Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office (CBO) 
has prepared the enclosed federal cost estimate for H.R. 2570, 
the Older Americans Amendments of 1996, as reported by the 
House Committee on Economic and Educational Opportunities on 
March 14, 1996. The bill would impose no new intergovernmental 
or private sector mandates as defined in Public Law 104-4.
    CBO estimates that enactment of H.R. 2570 would not affect 
direct spending or receipts. Therefore, pay-as-you-go 
procedures would not apply to the bill.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Dorothy 
Rosenbaum.
            Sincerely,
                                                   June E. O'Neill.

               congressional budget office cost estimate

    1. Bill number: H.R. 2570.
    2. Bill title: The Older Americans Amendments of 1996.
    3. Bill status: As reported by the House Committee on 
Economic and Educational Opportunities on arch 14, 1996.
    4. Bill purpose: The bill would reauthorize programs funded 
under the Older Americans Act of 1965, including supportive 
services and multipurpose centers, nutrition services, grants 
to Native Americans, and federal administration. The bill would 
also transfer authority for operating community service for 
older Americans, the national senior volunteer service corps, 
and elderly nutrition to the Administration on Aging in the 
Department of Health and Human Services.
    5. Estimated cost to the Federal Government: H.R. 2570 
would authorize appropriations of about $1.5 billion for the 
fiscal year 1997 and such sums as may be necessary through 
fiscal year 2001. We estimate that enactment of the bill would 
not affect direct spending or receipts. Therefore, pay-as-you-
go procedures would not apply. The estimated budgetary impact 
of this bill is summarized below both with and without 
adjusting the authorizations of appropriations for inflation in 
years when the amount authorized is not specified.

                                TABLE 1: ESTIMATED BUDGETARY IMPACT OF H.R. 2570                                
                                    [By fiscal year, in millions of dollars]                                    
----------------------------------------------------------------------------------------------------------------
                                                                   1996    1997    1998    1999    2000    2001 
----------------------------------------------------------------------------------------------------------------
                         AUTHORIZATIONS OF APPROPRIATIONS WITH ADJUSTMENTS FOR INFLATION                        
                                                                                                                
Spending under current law:\1\                                                                                  
    Budget authority............................................   1,406       0       0       0       0       0
    Estimated outlays...........................................   1,467     545      52       0       0       0
Proposed changes:                                                                                               
    Authorizations of appropriations............................  ......   1,489   1,532   1,575   1,619   1,663
    Estimated outlays...........................................  ......     896   1,457   1,556   1,600   1,644
Spending under H.R. 2570:                                                                                       
    Budget authority/authorizations.............................   1,406   1,489   1,532   1,575   1,619   1,663
    Estimated outlays...........................................   1,467   1,441   1,509   1,556   1,600   1,644
                                                                                                                
                       AUTHORIZATIONS OF APPROPRIATIONS WITHOUT ADJUSTMENTS FOR INFLATION                       
                                                                                                                
Spending Under Current Law:\1\                                                                                  
    Budget authority............................................   1,406       0       0       0       0       0
    Estimated outlays...........................................   1,467     545      52       0       0       0
Proposed changes:                                                                                               
    Authorizations of appropriations............................  ......   1,489   1,489   1,489   1,489   1,489
    Estimated outlays...........................................  ......     896   1,431   1,489   1,489   1,489
Spending under H.R. 2570:                                                                                       
    Budget authority/authorizations.............................   1,406   1,489   1,489   1,489   1,489   1,489
    Estimated outlays...........................................   1,467   1,441   1,483   1,489   1,489  1,489 
----------------------------------------------------------------------------------------------------------------
\1\ Figures for 1996 are the annualized amounts already provided by appropriations acts for the fiscal year.    

    The costs of this bill would fall within budget function 
500.
    6. Basis of estimate: H.R. 2570 would authorize 
appropriations for fiscal years 1997 through 2001 for programs 
under the Older Americans Act and for the senior volunteer 
service corps, which is currently authorized by the Domestic 
Volunteer Service Act. In each case a stated amount would be 
authorized for fiscal year 1997 and such sums as may be 
necessary would be authorized for fiscal years 1998 through 
2001. When the authorization amount is not specified, CBO 
estimates the authorization amount under two scenarios. Under 
the first scenario, the stated amount for 1997 is adjusted for 
projected inflation thereafter. Under the second scenario, the 
projected authorization level is assumed to be equal to the 
stated amount for 1997. Estimated outlays assume full 
appropriation of the amounts assumed to be authorized.
    Titles I through IV of H.R. 2570 would reauthorize and 
consolidate programs currently authorized by the Older 
Americans Act, including grants to states and localities for 
supportive services, multipurpose center, nutrition services, 
community service employment, and grants for Native American 
programs on aging. The bill authorizes the appropriation of 
additional funds for elderly nutrition and specifies that 
amounts appropriated under such authority shall be transferred 
by the Secretary of Agriculture to the Administration on Aging 
within the Department of Health and Human Services.
    The bill also transfers the authority for operating two 
other programs to the Administration on Aging. The community 
service employment for older Americans program is currently in 
the Department of Labor, and the national senior volunteer 
service corps is currently in the Corporation for National and 
Community Service. Both would be funded by the Administration 
on Aging under H.R. 2570.
    Tables 2 and 3 below show the proposed changes in 
authorization levels by program under the two assumptions about 
projected authorization levels.

      TABLE 2: ESTIMATED BUDGETARY IMPACT OF H.R. 2570--BY PROGRAM      
     AUTHORIZATIONS OF APPROPRIATIONS WITH ADJUSTMENTS FOR INFLATION    
                [By fiscal year, in millions of dollars]                
------------------------------------------------------------------------
                                   1997    1998    1999    2000    2001 
------------------------------------------------------------------------
Program administration,                                                 
 Administration on Aging:                                               
    Estimated authorization.....      17      18      18      19      19
    Estimated outlays...........      16      18      18      19      19
Grants and contracts for                                                
 research and training:                                                 
    Estimated authorization.....      27      27      28      29      30
    Estimated outlays...........       5      19      27      28      29
Program administration, National                                        
 Senior Volunteer Service Corps:                                        
    Estimated authorization.....      24      25      25      26      27
    Estimated outlays...........      14      24      25      26      27
Grants for Native American                                              
 Programs on Aging:                                                     
    Estimated authorization.....      17      18      18      19      20
    Estimated outlays...........       9      17      18      19      19
Supportive services and                                                 
 multipurpose senior centers:                                           
    Estimated authorization.....     301     309     318     327     336
    Estimated outlays...........     210     292     315     324     333
Nutrition services:                                                     
    Estimated authorization.....     461     475     488     501     515
    Estimated outlays...........     369     467     485     499     512
Community service employment:                                           
    Estimated authorization.....     350     360     370     381     391
    Estimated outlays...........      63     322     361     371     382
Additional funds for nutrition                                          
 services:                                                              
    Estimated authorization.....     155     159     164     168     173
    Estimated outlays...........     127     159     163     168     172
Retired and Senior Volunteer                                            
 Program:                                                               
    Estimated authorization.....      40      41      43      44      45
    Estimated outlays...........      24      41      42      43      45
Foster Grandparent Program:                                             
    Estimated authorization.....      64      66      68      70      72
    Estimated outlays...........      39      65      67      69      71
Senior Companion Program:                                               
    Estimated authorization.....      32      33      34      35      36
    Estimated outlays...........      19      33      34      35      36
Total authorizations:                                                   
    Estimated authorization.....   1,489   1,532   1,575   1,619   1,663
    Estimated outlays...........     896   1,457   1,556   1,600   1,644
------------------------------------------------------------------------
Note: Components may not sum to totals because of rounding.             


      TABLE 3: ESTIMATED BUDGETARY IMPACT OF H.R. 2570--BY PROGRAM      
   AUTHORIZATIONS OF APPROPRIATIONS WITHOUT ADJUSTMENTS FOR INFLATION   
                [By fiscal year, in millions of dollars]                
------------------------------------------------------------------------
                                   1997    1998    1999    2000    2001 
------------------------------------------------------------------------
Program administration,                                                 
 Administration on Aging:                                               
    Estimated authorization.....      17      17      17      17      17
    Estimated outlays...........      16      17      17      17      17
Grants and contracts for                                                
 research and training:                                                 
    Estimated authorization.....      27      27      27      27      27
    Estimated outlays...........       5      19      27      27      27
Program administration, National                                        
 Senior Volunteer Service Corps:                                        
    Estimated authorization.....      24      24      24      24      24
    Estimated outlays...........      14      24      24      24      24
Grants for Native American                                              
 Programs on Aging:                                                     
    Estimated authorization.....      17      17      17      17      17
    Estimated outlays...........       9      17      17      17      17
Supportive services and                                                 
 multipurpose senior centers:                                           
    Estimated authorization.....     301     301     301     301     301
    Estimated outlays...........     210     286     301     301     301
Nutrition services:                                                     
    Estimated authorization.....     461     461     461     461     461
    Estimated outlays...........     369     456     461     461     461
Community service employment:                                           
    Estimated authorization.....     350     350     350     350     350
    Estimated outlays...........      63     321     350     350     350
Additional funds for nutrition                                          
 services:                                                              
    Estimated authorization.....     155     155     155     155     155
    Estimated outlays...........     127     155     155     155     155
Retired and Senior Volunteer                                            
 Program:                                                               
    Estimated authorization.....      40      40      40      40      40
    Estimated outlays...........      24      40      40      40      40
Foster Grandparent Program:                                             
    Estimated authorization.....      64      64      64      64      64
    Estimated outlays...........      39      64      64      64      64
Senior Companion Program:                                               
    Estimated authorization.....      32      32      32      32      32
    Estimated outlays...........      19      32      32      32      32
Total authorizations:                                                   
    Estimated authorization.....   1,489   1,489   1,489   1,489   1,489
    Estimated outlays...........     896   1,431   1,489   1,489   1,489
------------------------------------------------------------------------
Note: Components may not sum to totals because of rounding.             

    7. Estimated impact on State, local, and tribal 
governments: H.R. 2570 contains no intergovernmental mandates 
as defined in Public Law 104-4 and would impose no direct costs 
on state, local, or tribal governments. The bill would 
reauthorize and consolidate voluntary programs that provide 
grants to state and tribal governments. This would provide 
these governments with the flexibility to decide how funds 
would be allocated. In addition, the bill would make states 
responsible for administering all funds associated with the 
community service employment program. Currently, states 
participating in this program administer only about 20 percent 
of all program funds. Finally, the bill would change 
administrative expense allowances for certain programs. The 
maximum allowance for administrative expenses would increase 
from 5 to 7 percent in the supportive and nutrition services 
programs and decrease from 13.5 to 7 percent in the community 
service employment program.
    8. Estimated impact on the private sector: The bill would 
impose no new private sector mandates as defined in Public Law 
104-4.
    9. Estimate comparison: None.
    10. Previous CBO estimate: None.
    11. Estimate prepared by: Federal Cost Estimate: Dorothy 
Rosenbaum and Christi Hawley. State and Local Cost Estimate: 
Marc Nicole. Private Sector Mandate Estimate: Constance Rhind.
    12. Estimate approved by: Paul N. Van De Water, Assistant 
Director for Budget Analysis.


         Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3 of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, existing law in which no change 
is proposed is shown in roman):

                      OLDER AMERICANS ACT OF 1965

  AN ACT To provide assistance in the development of new or improved 
    programs to help older persons through grants to the States for 
  community planning and services and for training, through research, 
 development, or training project grants, and to establish within the 
Department of Health, Education, and Welfare an operating agency to be 
             designated as the ``Administration on Aging''.

  Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, [That this 
Act may be cited as the ``Older Americans Act of 1965''.

            [TITLE I--DECLARATION OF OBJECTIVES; DEFINITIONS

             [declaration of objectives for older americans

  [Sec. 101. The Congress hereby finds and declares that, in 
keeping with the traditional American concept of the inherent 
dignity of the individual in our democratic society, the older 
people of our Nation are entitled to, and it is the joint and 
several duty and responsibility of the governments of the 
United States, of the several States and their political 
subdivisions, and of Indian tribes to assist our older people 
to secure equal opportunity to the full and free enjoyment of 
the following objectives:
          [(1) An adequate income in retirement in accordance 
        with the American standard of living.
          [(2) The best possible physical and mental health 
        which science can make available and without regard to 
        economic status.
          [(3) Obtaining and maintaining suitable housing, 
        independently selected, designed and located with 
        reference to special needs and available at costs which 
        older citizens can afford.
          [(4) Full restorative services for those who require 
        institutional care, and a comprehensive array of 
        community-based, long-term care services adequate to 
        appropriately sustain older people in their communities 
        and in their homes, including support to family members 
        and other persons providing voluntary care to older 
        individuals needing long-term care services.
          [(5) Opportunity for employment with no 
        discriminatory personnel practices because of age.
          [(6) Retirement in health, honor, dignity--after 
        years of contribution to the economy.
          [(7) Participating in and contributing to meaningful 
        activity within the widest range of civic, cultural, 
        educational and training and recreational 
        opportunities.
          [(8) Efficient community services, including access 
        to low-cost transportation, which provide a choice in 
        supported living arrangements and social assistance in 
        a coordinated manner and which are readily available 
        when needed, with emphasis on maintaining a continuum 
        of care for vulnerable older individuals.
          [(9) Immediate benefit from proven research knowledge 
        which can sustain and improve health and happiness.
          [(10) Freedom, independence, and the free exercise of 
        individual initiative in planning and managing their 
        own lives, full participation in the planning and 
        operation of community-based services and programs 
        provided for their benefit, and protection against 
        abuse, neglect, and exploitation.

                              [definitions

  [Sec. 102. For the purposes of this Act--
          [(1) The term ``Secretary'' means the Secretary of 
        Health and Human Services, expect that for purposes of 
        title V such term means the Secretary of Labor.
          [(2) The term ``Assistant Secretary'' means the 
        Assistant Secretary for Aging.
          [(3) 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, the Commonwealth of the Northern 
        Mariana Islands, and the Trust Territory of the Pacific 
        Islands.
          [(4) The term ``nonprofit'' as applied to any agency, 
        institution, or organization means an agency, 
        institution, or organization which 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.
          [(5) The term ``Indian'' means a person who is a 
        member of an Indian tribe.
          [(6) Except for the purposes of title VI of this Act, 
        the term ``Indian tribe'' means any tribe, band, 
        nation, or other organized group or community of 
        Indians (including any Alaska Native village or 
        regional or village corporation as defined in or 
        established pursuant to the Alaska Native Claims 
        Settlement Act (Public Law 92-203; 85 Stat. 688) which 
        (A) is recognized as eligible for the special programs 
        and services provided by the United States to Indians 
        because of their status as Indians; or (B) is located 
        on, or in proximity to, a Federal or State reservation 
        or rancheria.
          [(7) Except for the purposes of title VI of this Act, 
        the term ``tribal organization'' means the recognized 
        governing body of any Indian tribe, or any legally 
        established organization of Indians which is 
        controlled, sanctioned, or chartered by such governing 
        body. In any case in which a contract is let or grant 
        made to an organization to perform services benefiting 
        more than one Indian tribe, the approval of each such 
        Indian tribe shall be a prerequisite to the letting or 
        making of such contract or grant.
          [(8) The term ``disability'' means (except when such 
        term is used in the phrase ``severe disability'', 
        ``developmental disabilities'', ``physical or mental 
        disability'', ``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.
          [(9) 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 (8).
          [(10) 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.
          [(11) The term ``information and referral'' includes 
        information relating to assistive technology.
          [(12) The term ``Trust Territory of the Pacific 
        Islands'' includes the Federated States of Micronesia, 
        the Republic of the Marshall Islands, and the Republic 
        of Palau.
          [(13) The term ``abuse'' means the willful--
                  [(A) infliction of injury, unreasonable 
                confinement, intimidation, or cruel punishment 
                with resulting physical harm, pain, or mental 
                anguish; or
                  [(B) deprivation by a person, including a 
                caregiver, of goods or services that are 
                necessary to avoid physical harm, mental 
                anguish, or mental illness.
          [(14) The term ``Administration'' means the 
        Administration on Aging.
          [(15) 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.
          [(16) The term ``aging network'' means the network 
        of--
                  [(A) State agencies, area agencies on aging, 
                title VI grantees, and the Administration; and
                  [(B) organizations that--
                          [(i)(I) are providers of direct 
                        services to older individuals; or
                          [(II) are institutions of higher 
                        education; and
                          [(ii) receive funding under this Act.
          [(17) The term ``area agency on aging'' means an area 
        agency on aging designated under section 305(a)(2)(A) 
        or a State agency performing the functions of an area 
        agency on aging under section 305(b)(5).
          [(18) The term ``art therapy'' means the use of art 
        and artistic processes specifically selected and 
        administered by an art therapist, to accomplish the 
        restoration, maintenance, or improvement of the mental, 
        emotional, or social functioning of an older 
        individual.
          [(19) 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)).
          [(20) The term ``caregiver'' means an individual who 
        has the responsibility for the care of an older 
        individual, either voluntarily, by contract, by receipt 
        of payment for care, or as a result of the operation of 
        law.
          [(21) The term ``caretaker'' means a family member or 
        other individual who provides (on behalf of such 
        individual or of a public or private agency, 
        organization, or institution) uncompensated care to an 
        older individual who needs supportive services.
          [(22) 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.
          [(23) The term ``dance-movement therapy'' means the 
        use of psychotherapeutic movement as a process 
        facilitated by a dance-movement therapist, to further 
        the emotional, cognitive, or physical health of an 
        older individual.
          [(24) The term ``elder abuse'' means abuse of an 
        older individual.
          [(25) The term ``elder abuse, neglect, and 
        exploitation'' means abuse, neglect, and exploitation, 
        of an older individual.
          [(26) The term ``exploitation'' means the illegal or 
        improper act or process of an individual, including a 
        caregiver, using the resources of an older individual 
        for monetary or personal benefit, profit, or gain.
          [(27) The term ``focal point'' means a facility 
        established to encourage the maximum collocation and 
        coordination of services for older individuals.
          [(28) 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.
          [(29) The term ``greatest economic need'' means the 
        need resulting from an income level at or below the 
        poverty line.
          [(30) The term ``greatest social need'' means the 
        need caused by noneconomic factors, which include--
                  [(A) physical and mental disabilities;
                  [(B) language barriers; and
                  [(C) cultural, social, or geographical 
                isolation, including 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.
          [(31) 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.
          [(32) The term ``institution of higher education'' 
        has the meaning given the term in section 1201(a) of 
        the Higher Education Act of 1965 (20 U.S.C. 1141(a)).
          [(33) 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.
          [(34) 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 sections 307(a)(12) and 
                712, a board and care facility; and
                  [(D) any other adult care home similar to a 
                facility or institution described in 
                subparagraphs (A) through (C).
          [(35) 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.
          [(36) The term ``music therapy'' means the use of 
        musical or rhythmic interventions specifically selected 
        by a music therapist to accomplish the restoration, 
        maintenance, or improvement of social or emotional 
        functioning, mental processing, or physical health of 
        an older individual.
          [(37) The term ``neglect'' means--
                  [(A) the failure to provide for oneself the 
                goods or services that are necessary to avoid 
                physical harm, mental anguish, or mental 
                illness; or
                  [(B) the failure of a caregiver to provide 
                the goods or services.
          [(38) The term ``older individual'' means an 
        individual who is 60 years of age or older.
          [(39) The term ``physical harm'' means bodily injury, 
        impairment, or disease.
          [(40) The term ``planning and service area'' means an 
        area designated by a State agency under section 
        305(a)(1)(E), including a single planning and service 
        area described in section 305(b)(5)(A).
          [(41) The term ``poverty line'' means the official 
        poverty line (as defined by the Office of Management 
        and Budget, and adjusted by the Secretary in accordance 
        with section 673(2) of the Community Services Block 
        Grant Act (42 U.S.C. 9902(2)).
          [(42) The term ``representative payee'' means a 
        person who is appointed by a governmental entity to 
        receive, on behalf of an older individual who is unable 
        to manage funds by reason of a physical or mental 
        incapacity, any funds owed to such individual by such 
        entity.
          [(43) The term ``State agency'' means the agency 
        designated under section 305(a)(1).
          [(44) The term ``supportive service'' means a service 
        described in section 321(a).

                   [TITLE II--ADMINISTRATION ON AGING

               [establishment of administration on aging

  [Sec. 201. (a) There is established in the Office of the 
Secretary an Administration on Aging which shall be headed by 
an Assistant Secretary for Aging. Except for title V, the 
Administration shall be the agency for carrying out this Act. 
There shall be a direct reporting relationship between the 
Assistant Secretary and the Secretary. In the performance of 
the functions of the Assistant Secretary, the Assistant 
Secretary shall be directly responsible to the Secretary. The 
Secretary shall not approve or require any delegation of the 
functions of the Assistant Secretary (including the functions 
of the Assistant Secretary carried out through regional 
offices) to any other officer not directly responsible to the 
Assistant Secretary.
  [(b) The Assistant Secretary shall be appointed by the 
President by and with the advice and consent of the Senate.
  [(c)(1) There is established in the Administration an Office 
for American Indian, Alaskan Native, and Native Hawaiian 
Programs.
  [(2) The Office shall be headed by a Director of the Office 
for American Indian, Alaskan Native, and Native Hawaiian Aging 
appointed by the Assistant Secretary.
  [(3) The Director of the Office for American Indian, Alaskan 
Native, and Native Hawaiian Aging shall--
          [(A)(i) evaluate the adequacy of outreach under title 
        III and title VI for older individuals who are Native 
        Americans and recommend to the Assistant Secretary 
        necessary action to improve service delivery, outreach, 
        coordination between title III and title VI services, 
        and particular problems faced by older Indians and 
        Native Hawaiians; and
          [(ii) include a description of the results of such 
        evaluation and recommendations in the annual report 
        required by section 207(a) to be submitted by the 
        Assistant Secretary;
          [(B) serve as the effective and visible advocate in 
        behalf of older individuals who are Native Americans 
        within the Department of Health and Human Services and 
        with other departments and agencies of the Federal 
        Government regarding all Federal policies affecting 
        such individuals, with particular attention to services 
        provided to Native Americans by the Indian Health 
        Service;
          [(C) coordinate activities between other Federal 
        departments and agencies to assure a continuum of 
        improved services through memoranda of agreements or 
        through other appropriate means of coordination;
          [(D) administer and evaluate the grants provided 
        under this Act to Indian tribes, public agencies and 
        nonprofit private organizations serving Native 
        Hawaiians;
          [(E) recommend to the Assistant Secretary policies 
        and priorities with respect to the development and 
        operation of programs and activities conducted under 
        this Act relating to older individuals who are Native 
        Americans;
          [(F) collect and disseminate information related to 
        problems experienced by older Native Americans, 
        including information (compiled with assistance from 
        public or nonprofit private entities, including 
        institutions of higher education, with experience in 
        assessing the characteristics and health status of 
        older individuals who are Native Americans) on elder 
        abuse, in-home care, health problems, and other 
        problems unique to Native Americans;
          [(G) develop research plans, and conduct and arrange 
        for research, in the field of American Native aging 
        with a special emphasis on the gathering of statistics 
        on the status of older individuals who are Native 
        Americans;
          [(H) develop and provide technical assistance and 
        training programs to grantees under title VI;
          [(I) promote coordination--
                  [(i) between the administration of title III 
                and the administration of title VI; and
                  [(ii) between programs established under 
                title III by the Assistant Secretary and 
                programs established under title VI by the 
                Assistant Secretary;
        including sharing among grantees information on 
        programs funded, and on training and technical 
        assistance provided, under such titles; and
          [(J) serve as the effective and visible advocate on 
        behalf of older individuals who are Indians, Alaskan 
        Natives, and Native Hawaiians, in the States to promote 
        the enhanced delivery of services and implementation of 
        programs, under this Act and other Federal Acts, for 
        the benefit of such individuals.
  [(d)(1) There is established in the Administration the Office 
of Long-Term Care Ombudsman Programs (in this subsection 
referred to as the ``Office'').
  [(2)(A) The Office shall be headed by a Director of the 
Office of Long-Term Care Ombudsman Programs (in this subsection 
referred to as the ``Director'') who shall be appointed by the 
Assistant Secretary from among individuals who have expertise 
and background in the fields of long-term care advocacy and 
management. The Director shall report directly to the Assistant 
Secretary.
  [(B) No individual shall be appointed Director if--
          [(i) the individual has been employed within the 
        previous 2 years by--
                  [(I) a long-term care facility;
                  [(II) a corporation that then owned or 
                operated a long-term care facility; or
                  [(III) an association of long-term care 
                facilities;
          [(ii) the individual--
                  [(I) has an ownership or investment interest 
                (represented by equity, debt, or other 
                financial relationship) in a long-term care 
                facility or long-term care service; or
                  [(II) receives, or has the right to receive, 
                directly or indirectly remuneration (in cash or 
                in kind) under a compensation arrangement with 
                an owner or operator of a long-term care 
                facility; or
          [(iii) the individual, or any member of the immediate 
        family of the individual, is subject to a conflict of 
        interest.
  [(3) The Director shall--
          [(A) serve as an effective and visible advocate on 
        behalf of older individuals who reside in long-term 
        care facilities, within the Department of Health and 
        Human Services and with other departments, agencies, 
        and instrumentalities of the Federal Government 
        regarding all Federal policies affecting such 
        individuals;
          [(B) review and make recommendations to the Assistant 
        Secretary regarding--
                  [(i) the approval of the provisions in State 
                plans submitted under section 307(a) that 
                relate to State Long-Term Care Ombudsman 
                programs; and
                  [(ii) the adequacy of State budgets and 
                policies relating to the programs;
          [(C) after consultation with State Long-Term Care 
        Ombudsmen and the State agencies, make recommendations 
        to the Assistant Secretary regarding--
                  [(i) policies designed to assist State Long-
                Term Care Ombudsmen; and
                  [(ii) methods to periodically monitor and 
                evaluate the operation of State Long-Term Care 
                Ombudsman programs, to ensure that the programs 
                satisfy the requirements of section 307(a)(12) 
                and section 712, including provision of service 
                to residents of board and care facilities and 
                of similar adult care facilities;
          [(D) keep the Assistant Secretary and the Secretary 
        fully and currently informed about--
                  [(i) problems relating to State Long-Term 
                Care Ombudsman programs; and
                  [(ii) the necessity for, and the progress 
                toward, solving the problems;
          [(E) review, and make recommendations to the 
        Secretary and the Assistant Secretary regarding, 
        existing and proposed Federal legislation, regulations, 
        and policies regarding the operation of State Long-Term 
        Care Ombudsman programs;
          [(F) make recommendations to the Assistant Secretary 
        and the Secretary regarding the policies of the 
        Administration, and coordinate the activities of the 
        Administration with the activities of other Federal 
        entities, State and local entities, and nongovernmental 
        entities, relating to State Long-Term Care Ombudsman 
        programs;
          [(G) supervise the activities carried out under the 
        authority of the Administration that relate to State 
        Long-Term Care Ombudsman programs;
          [(H) administer the National Ombudsman Resource 
        Center established under section 202(a)(21) and make 
        recommendations to the Assistant Secretary regarding 
        the operation of the National Ombudsman Resource 
        Center;
          [(I) advocate, monitor, and coordinate Federal and 
        State activities of Long-Term Care Ombudsmen under this 
        Act;
          [(J) submit to the Speaker of the House of 
        Representatives and the President pro tempore of the 
        Senate an annual report on the effectiveness of 
        services provided under section 307(a)(12) and section 
        712;
          [(K) have authority to investigate the operation or 
        violation of any Federal law administered by the 
        Department of Health and Human Services that may 
        adversely affect the health, safety, welfare, or rights 
        of older individuals; and
          [(L) not later than 180 days after the date of the 
        enactment of the Older Americans Act Amendments of 
        1992, establish standards applicable to the training 
        required by section 712(h)(4).

                    Functions of Assistant Secretary

  [Sec. 202. (a) It shall be the duty and function of the 
Administration to--
          [(1) 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 and commenting 
        responsibilities over all Federal policies affecting 
        older individuals;
          [(2) collect and disseminate information related to 
        problems of the aged and aging;
          [(3) directly assist the Secretary in all matters 
        pertaining to problems of the aged and aging;
          [(4) administer the grants provided by this Act;
          [(5) develop plans, conduct and arrange for research 
        in the field of aging, and assist in the establishment 
        and implementation of programs designed to meet the 
        needs of older individuals for supportive services, 
        including nutrition, hospitalization, education and 
        training services (including preretirement training, 
        and continuing education), low-cost transportation and 
        housing, and health (including mental health) services;
          [(6) provide technical assistance and consultation to 
        States and political subdivisions thereof with respect 
        to programs for the aged and aging;
          [(7) prepare, publish, and disseminate educational 
        materials dealing with the welfare of older 
        individuals;
          [(8) gather statistics in the field of aging which 
        other Federal agencies are not collecting, and 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;
          [(9) stimulate more effective use of existing 
        resources and available services for the aged and 
        aging, including existing legislative protections with 
        particular emphasis on the application of the Age 
        Discrimination in Employment Act of 1967;
          [(10) develop basic policies and set priorities with 
        respect to the development and operation of programs 
        and activities conducted under authority of this Act;
          [(11) coordinate Federal programs and activities 
        related to such purposes;
          [(12) coordinate, and assist in, the planning and 
        development by public (including Federal, State, and 
        local agencies) and private organizations or programs 
        for older individuals with a view to the establishment 
        of a nationwide network of comprehensive, coordinated 
        services and opportunities for such individuals;
          [(13) convene conferences of such authorities and 
        officials of public (including Federal, State, and 
        local agencies) and nonprofit private organizations 
        concerned with the development and operation of 
        programs for older individuals as the Assistant 
        Secretary deems necessary or proper for the development 
        and implementation of policies related to the 
        objectives of this Act;
          [(14) develop and operate programs providing services 
        and opportunities as authorized by this Act which are 
        not otherwise provided by existing programs for older 
        individuals;
          [(15) carry on a continuing evaluation of the 
        programs and activities related to the objectives of 
        this Act, with particular attention to the impact of 
        medicare and medicaid, the Age Discrimination in 
        Employment Act of 1967, and the programs of the 
        National Housing Act relating to housing for older 
        individuals and the setting of standards for the 
        licensing of nursing homes, intermediate care homes, 
        and other facilities providing care for such 
        individuals;
          [(16) provide information and assistance to private 
        organizations for the establishment and operation by 
        them of programs and activities related to the 
        objectives of this Act;
          [(17) develop, in coordination with other agencies, a 
        national plan for meeting the needs for trained 
        personnel in the field of aging, and for training 
        persons for carrying out programs related to the 
        objectives of this Act, and conduct and provide for the 
        conducting of such training;
          [(18) consult with national organizations 
        representing minority individuals to develop and 
        disseminate training packages and to provide technical 
        assistance efforts designed to assist State and area 
        agencies on aging, and service providers, in providing 
        services to older individuals with greatest economic 
        need or individuals with greatest social need, with 
        particular attention to and specific objectives for 
        providing services to low-income minority individuals;
          [(19) collect for each fiscal year, for fiscal years 
        beginning after September 30, 1988, directly or by 
        contract, statistical data regarding programs and 
        activities carried out with funds provided under this 
        Act, including--
                  [(A) with respect to each type of service or 
                activity provided with such funds--
                          [(i) the aggregate amount of such 
                        funds expended to provide such service 
                        or activity;
                          [(ii) the number of individuals who 
                        received such service or activity; and
                          [(iii) the number of units of such 
                        service or activity provided;
                  [(B) the number of senior centers which 
                received such funds; and
                  [(C) the extent to which each area agency on 
                aging designated under section 305(a) satisfied 
                the requirements of paragraphs (2) and (5)(A) 
                of section 306(a);
          [(20) obtain from--
                  [(A) the Department of Agriculture 
                information explaining the requirements for 
                eligibility to receive benefits under the Food 
                Stamp Act of 1977; and
                  [(B) the Social Security Administration 
                information explaining the requirements for 
                eligibility to receive supplemental security 
                income benefits under title XVI of the Social 
                Security Act (or assistance under a State plan 
                program under title XVI of that Act);
        and distribute such information, in written form, to 
        State agencies, for redistribution to area agencies on 
        aging, to carry out outreach activities and application 
        assistance;
          [(21)(A) establish and operate the National Ombudsman 
        Resource Center (in this paragraph referred to as the 
        ``Center''), under the administration of the Director 
        of the Office of Long-Term Care Ombudsman Programs, 
        that will--
                  [(i) by grant or contract--
                          [(I) conduct research;
                          [(II) provide training, technical 
                        assistance, and information to State 
                        Long-Term Care Ombudsmen;
                          [(III) analyze laws, regulations, 
                        programs, and practices; and
                          [(IV) provide assistance in 
                        recruiting and retaining volunteers for 
                        State Long-Term Care Ombudsman programs 
                        by establishing a national program for 
                        recruitment efforts that utilizes the 
                        organizations that have established a 
                        successful record in recruiting and 
                        retaining volunteers for ombudsman or 
                        other programs;
                relating to Federal, State, and local long-term 
                care ombudsman policies; and
                  [(ii) assist State Long-Term Care Ombudsmen 
                in the implementation of State Long-Term Care 
                Ombudsman programs; and
          [(B) make available to the Center not less than the 
        amount of resources made available to the Long-Term 
        Care Ombudsman National Resource Center for fiscal year 
        1990;
          [(22) issue regulations, and conduct strict 
        monitoring of State compliance with the requirements in 
        effect, under this Act to prohibit conflicts of 
        interest and to maintain the integrity and public 
        purpose of services provided and service providers, 
        under this Act in all contractual and commercial 
        relationships, and include in such regulations a 
        requirement that as a condition of being designated as 
        an area agency on aging such agency shall--
                  [(A) disclose to the Assistant Secretary and 
                the State agency involved--
                          [(i) the identity of each 
                        nongovernmental entity with which such 
                        agency has a contract or commercial 
                        relationship relating to providing any 
                        service to older individuals; and
                          [(ii) the nature of such contract or 
                        such relationship;
                  [(B) demonstrate that a loss or diminution in 
                the quantity or quality of the services 
                provided, or to be provided, under this Act by 
                such agency has not resulted and will not 
                result from such contract or such relationship;
                  [(C) demonstrate that the quantity or quality 
                of the services to be provided under this Act 
                by such agency will be enhanced as a result of 
                such contract or such relationship; and
                  [(D) on the request of the Assistant 
                Secretary or the State, for the purpose of 
                monitoring compliance with this Act (including 
                conducting an audit), disclose all sources and 
                expenditures of funds received or expended to 
                provide services to older individuals;
          [(23) encourage, and provide technical assistance to, 
        States and area agencies on aging to carry out outreach 
        to inform older individuals with greatest economic need 
        who may be eligible to receive, but are not receiving, 
        supplemental security income benefits under title XVI 
        of the Social Security Act (42 U.S.C. 1381 et seq.) (or 
        assistance under a State plan program under such 
        title), medical assistance under title XIX of such Act 
        (42 U.S.C. 1396 et seq.), and benefits under the Food 
        Stamp Act of 1977 (7 U.S.C. 2011 et seq.), of the 
        requirements for eligibility to receive such benefits 
        and such assistance;
          [(24) establish information and assistance services 
        as priority services for older individuals;
          [(25) develop guidelines for area agencies on aging 
        to follow in choosing and evaluating providers of legal 
        assistance;
          [(26) develop guidelines and a model job description 
        for choosing and evaluating legal assistance developers 
        referred to in sections 307(a)(18) and 731(b)(2);
          [(27)(A) conduct a study to determine ways in which 
        Federal funds might be more effectively targeted to 
        low-income minority older individuals, and older 
        individuals residing in rural areas, to better meet the 
        needs of States with a disproportionate number of older 
        individuals with greatest economic need and older 
        individuals with greatest social need;
          [(B) conduct a study to determine ways in which 
        Federal funds might be more effectively targeted to 
        better meet the needs of States with disproportionate 
        numbers of older individuals, including methods of 
        allotting funds under title III, using the most recent 
        estimates of the population of older individuals; and
          [(C) not later than January 1, 1995, submit a report 
        containing the findings resulting from the studies 
        described in subparagraphs (A) and (B) to the Speaker 
        of the House of Representatives and the President pro 
        tempore of the Senate;
          [(28) provide technical assistance, training, and 
        other means of assistance to State agencies, area 
        agencies on aging, and service providers regarding 
        State and local data collection and analysis;
          [(29) design and implement, for purposes of 
        compliance with paragraph (19), uniform data collection 
        procedures for use by State agencies, including--
                  [(A) uniform definitions and nomenclature;
                  [(B) standardized data collection procedures;
                  [(C) a participant identification and 
                description system;
                  [(D) 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
                  [(E) procedures for the assessment of unmet 
                needs for services under this Act; and
          [(30) require that all Federal grants and contracts 
        made under this title and title IV be made in 
        accordance with a competitive bidding process 
        established by the Assistant Secretary by regulation.
  [(b) In order to strengthen the involvement of the 
Administration in the development of policy alternatives in 
long-term care and to insure that the development of community 
alternatives is given priority attention, the Assistant 
Secretary shall--
          [(1) develop planning linkages with utilization and 
        quality control peer review organizations under title 
        XI of the Social Security Act, with the Substance Abuse 
        and Mental Health Services Administration and the 
        Administration on Developmental Disabilities;
          [(2) participate in all departmental and 
        interdepartmental activities which concern issues of 
        institutional and noninstitutional long-term health 
        care services development;
          [(3) review and comment on all departmental 
        regulations and policies regarding community health and 
        social service development for older individuals; and
          [(4) participate in all departmental and 
        interdepartmental activities to provide a leadership 
        role for the Administration, State agencies, and area 
        agencies on aging in the development and implementation 
        of a national community-based long-term care program 
        for older individuals.
  [(c)(1) In executing the duties and functions of the 
Administration under this Act and carrying out the programs and 
activities provided for by this Act, the Assistant Secretary, 
in consultation with the Corporation for National and Community 
Service, shall take all possible steps to encourage and permit 
voluntary groups active in supportive services, including youth 
organizations active at the high school or college levels, to 
participate and be involved individually or through 
representative groups in such programs or activities to the 
maximum extent feasible, through the performance of advisory or 
consultative functions, and in other appropriate ways.
  [(2)(A) In executing the duties and functions of the 
Administration under this Act and in carrying out the programs 
and activities provided for by this Act, the Assistant 
Secretary shall act to encourage and assist the establishment 
and use of--
          [(i) area volunteer service coordinators, as 
        described in section 306(a)(12), by area agencies on 
        aging; and
          [(ii) State volunteer service coordinators, as 
        described in section 307(a)(31), by State agencies.
  [(B) The Assistant Secretary shall provide technical 
assistance to the area and State volunteer services 
coordinators.
  [(d)(1) The Assistant Secretary shall establish and operate 
the National Center on Elder Abuse (in this subsection referred 
to as the ``Center'').
  [(2) In operating the Center, the Assistant Secretary shall--
          [(A) annually compile, publish, and disseminate a 
        summary of recently conducted research on elder abuse, 
        neglect, and exploitation;
          [(B) develop and maintain an information 
        clearinghouse on all programs (including private 
        programs) showing promise of success, for the 
        prevention, identification, and treatment of elder 
        abuse, neglect, and exploitation;
          [(C) compile, publish, and disseminate training 
        materials for personnel who are engaged or intend to 
        engage in the prevention, identification, and treatment 
        of elder abuse, neglect, and exploitation;
          [(D) provide technical assistance to State agencies 
        and to other public and nonprofit private agencies and 
        organizations to assist the agencies and organizations 
        in planning, improving, developing, and carrying out 
        programs and activities relating to the special 
        problems of elder abuse, neglect, and exploitation; and
          [(E) conduct research and demonstration projects 
        regarding the causes, prevention, identification, and 
        treatment of elder abuse, neglect, and exploitation.
  [(3)(A) The Assistant Secretary shall carry out paragraph (2) 
through grants or contracts.
  [(B) The Assistant Secretary shall issue criteria applicable 
to the recipients of funds under this subsection. To be 
eligible to receive a grant or enter into a contract under 
subparagraph (A), 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.
  [(C) The Assistant Secretary shall--
          [(i) establish research priorities for making grants 
        or contracts to carry out paragraph (2)(E); and
          [(ii) not later than 60 days before the date on which 
        the Assistant Secretary establishes such priorities, 
        publish in the Federal Register for public comment a 
        statement of such proposed priorities.
  [(4) The Assistant Secretary shall make available to the 
Center such resources as are necessary for the Center to carry 
out effectively the functions of the Center under this Act and 
not less than the amount of resources made available to the 
Resource Center on Elder Abuse for fiscal year 1990.
  [(e)(1)(A) The Assistant Secretary shall make grants or enter 
into contracts with eligible entities to establish the National 
Aging Information Center (in this subsection referred to as the 
``Center'') to--
          [(i) provide information about education and training 
        projects established under part A, and research and 
        demonstration projects, and other activities, 
        established under part B, of title IV to persons 
        requesting such information;
          [(ii) annually compile, analyze, publish, and 
        disseminate--
                  [(I) statistical data collected under 
                subsection (a)(19);
                  [(II) census data on aging demographics; and
                  [(III) data from other Federal agencies on 
                the health, social, and economic status of 
                older individuals and on the services provided 
                to older individuals;
          [(iii) biennially compile, analyze, publish, and 
        disseminate statistical data collected on the 
        functions, staffing patterns, and funding sources of 
        State agencies and area agencies on aging;
          [(iv) analyze the information collected under section 
        201(c)(3)(F) by the Director of the Office for American 
        Indian, Alaskan Native, and Native Hawaiian Aging, and 
        the information provided by the Resource Centers on 
        Native American Elders under section 429E;
          [(v) provide technical assistance, training, and 
        other means of assistance to State agencies, area 
        agencies on aging, and service providers, regarding 
        State and local data collection and analysis; and
          [(vi) be a national resource on statistical data 
        regarding aging;
  [(B) To be eligible to receive a grant or enter into a 
contract under subparagraph (A), 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.
  [(C) Entities eligible to receive a grant or enter into a 
contract under subparagraph (A) shall be organizations with a 
demonstrated record of experience in education and information 
dissemination.
  [(2)(A) The Assistant Secretary shall establish procedures 
specifying the length of time that the Center shall provide the 
information described in paragraph (1) with respect to a 
particular project or activity. The procedures shall require 
the Center to maintain the information beyond the term of the 
grant awarded, or contract entered into, to carry out the 
project or activity.
  [(B) The Assistant Secretary shall establish the procedures 
described in subparagraph (A) after consultation with--
          [(i) practitioners in the field of aging;
          [(ii) older individuals;
          [(iii) representatives of institutions of higher 
        education;
          [(iv) national aging organizations;
          [(v) State agencies;
          [(vi) area agencies on aging;
          [(vii) legal assistance providers;
          [(viii) service providers; and
          [(ix) other persons with an interest in the field of 
        aging.

                      [federal agency consultation

  [Sec. 203. (a)(1) The Assistant Secretary, in carrying out 
the objectives 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 objectives of this Act, with 
respect to such programs or services. In particular, the 
Assistant Secretary shall coordinate, advise, consult, and 
cooperate with the Secretary of Labor in carrying out title V 
and with the Corporation for National and Community Service in 
carrying out this Act.
  [(2) The head of each department, agency, or instrumentality 
of the Federal Government proposing to establish programs and 
services substantially related to the objectives of this Act 
shall consult with the Assistant Secretary prior to the 
establishment of such programs and services. To achieve 
appropriate coordination, the head of each department, agency, 
or instrumentality of the Federal Government administering any 
program substantially related to the objectives of this Act, 
particularly administering any program referred to in 
subsection (b), shall consult and cooperate with the Assistant 
Secretary in carrying out such program. In particular, the 
Secretary of Labor shall consult and cooperate with the 
Assistant Secretary in carrying out the Job Training 
Partnership Act (29 U.S.C. 1501 et seq.).
  [(3) The head of each department, agency, or instrumentality 
of the Federal Government administering programs and services 
substantially related to the objectives of this Act shall 
collaborate with the Assistant Secretary in carrying out this 
Act, and shall develop a written analysis, for review and 
comment by the Assistant Secretary, of the impact of such 
programs and services on--
          [(A) older individuals (with particular attention to 
        low-income minority older individuals) and eligible 
        individuals (as defined in section 507); and
          [(B) the functions and responsibilities of State 
        agencies and area agencies on aging.
  [(b) For the purposes of subsection (a), programs related to 
the objectives of this Act shall include--
          [(1) the Job Training Partnership Act,
          [(2) title II of the Domestic Volunteer Service Act 
        of 1973,
          [(3) titles XVI, XVIII, XIX, and XX of the Social 
        Security Act,
          [(4) sections 231 and 232 of the National Housing 
        Act,
          [(5) the United States Housing Act of 1937,
          [(6) section 202 of the Housing Act of 1959,
          [(7) title I of the Housing and Community Development 
        Act of 1974,
          [(8) title I of the Higher Education Act of 1965 and 
        the Adult Education Act,
          [(9) sections 3, 9, and 16 of the Urban Mass 
        Transportation Act of 1964,
          [(10) the Public Health Service Act, including block 
        grants under title XIX of such Act,
          [(11) the Low-Income Home Energy Assistance Act of 
        1981,
          [(12) part A of the Energy Conservation in Existing 
        Buildings Act of 1976, relating to weatherization 
        assistance for low income persons,
          [(13) the Community Services Block Grant Act,
          [(14) demographic statistics and analysis programs 
        conducted by the Bureau of the Census under title 13, 
        United States Code,
          [(15) parts II and III of title 38, United States 
        Code,
          [(16) the Rehabilitation Act of 1973,
          [(17) the Developmental Disabilities and Bill of 
        Rights Act, and
          [(18) the Edward Byrne Memorial State and Local Law 
        Enforcement Assistance Programs, established under part 
        E of title I of the Omnibus Crime Control and Safe 
        Streets Act of 1968 (42 U.S.C. 3750-3766b)).

[SEC. 203A. CONSULTATION WITH STATE AGENCIES, AREA AGENCIES ON AGING, 
                    AND NATIVE AMERICAN GRANT RECIPIENTS.

  [The Assistant Secretary shall consult and coordinate with 
State agencies, area agencies on aging, and recipients of 
grants under title VI in the development of Federal goals, 
regulations, program instructions, and policies under this Act.

                     [federal council on the aging

  [Sec. 204. (a)(1) There is established a Federal Council on 
the Aging to be composed of 15 members. Except as provided in 
subsection (b)(1)(A), members shall serve for terms of 3 years, 
ending on March 31 regardless of the actual date of 
appointment, without regard to the provisions of title 5, 
United States Code. Members shall be appointed from among 
individuals who have expertise and experience in the field of 
aging by each appointing authority so as to be representative 
of rural and urban older individuals, national organizations 
with an interest in aging, business, labor, minorities, Indian 
tribes, and the general public. At least three of the members 
appointed by each appointing authority shall be older 
individuals. No full-time officer or employee of the Federal 
Government may be appointed as a member of the Council.
  [(2) Members appointed to the Federal Council on the Aging 
established by this section prior to the date of enactment of 
the Older Americans Act Amendments of 1992 who are serving on 
such date, shall continue to serve on the Federal Council 
established by paragraph (1) of this subsection until members 
are appointed in accordance with subsection (b)(1).
  [(b)(1)(A)(i) The initial members of the Federal Council on 
the Aging shall be appointed on April 1, 1993, as follows:
          [(I) 5 members, who shall be referred to as class 1 
        members, shall be appointed for a term of 1 year;
          [(II) 5 members, who shall be referred to as class 2 
        members, shall be appointed for a term of 2 years; and
          [(III) 5 members, who shall be referred to as class 3 
        members, shall be appointed for a term of 3 years.
  [(ii) Members appointed in 1994 and each third year 
thereafter shall be referred to as class 1 members. Members 
appointed in 1995 and each third year thereafter shall be 
referred to as class 2 members. Members appointed in 1996 and 
each third year thereafter shall be referred to as class 3 
members.
  [(B)(i) Members of each class shall be appointed in the 
manner prescribed by this subparagraph.
  [(ii) Of the members of class 1, two shall be appointed by 
the President, two by the President pro tempore of the Senate 
upon the recommendation of the Majority Leader and the Minority 
Leader, and one by the Speaker of the House of Representatives 
upon the recommendation of the Majority Leader and the Minority 
Leader.
  [(iii) Of the members of class 2, two shall be appointed by 
the President, one by the President pro tempore of the Senate 
upon the recommendation of the Majority Leader and the Minority 
Leader, and two by the Speaker of the House of Representatives 
upon the recommendation of the Majority Leader and the Minority 
Leader.
  [(iv) Of the members of class 3, one shall be appointed by 
the President, two by the President pro tempore of the Senate 
upon the recommendation of the Majority Leader and the Minority 
Leader, and two by the Speaker of the House of Representatives 
upon the recommendation of the Majority Leader and the Minority 
Leader.
  [(2) Any member appointed to fill a vacancy occurring prior 
to the expiration of the term for which such member's 
predecessor was appointed shall be appointed only for the 
remainder of such term. Members shall be eligible for 
reappointment and may serve after the expiration of their terms 
until their successors have taken office.
  [(3) Any vacancy in the Council shall not affect its powers, 
but shall be filled in the same manner by which the original 
appointment was made.
  [(4) Members of the Council shall, while serving on business 
of the Council, be entitled to receive compensation at a rate 
not to exceed the daily equivalent of the rate specified for 
level V of the Executive Schedule under section 5316 of title 
5, United States Code, including traveltime, and while so 
serving away from their homes or regular places of business, 
they may be allowed travel expenses, including per diem in lieu 
of subsistence, in the same manner as the expenses authorized 
by section 5703(b) of title 5, United States Code, for persons 
in the Government service employed intermittently.
  [(c) The President shall designate the Chairperson from among 
the members appointed to the Council. The Council shall meet at 
the call of the Chairperson at least quarterly.
  [(d) The Council shall--
          [(1) advise and assist the President on matters 
        relating to the special needs of older individuals;
          [(2) directly advise the Assistant Secretary on 
        matters affecting the special needs of older 
        individuals for services and assistance under this Act;
          [(3) review and evaluate, on a continuing basis, 
        Federal policies regarding the aging and programs and 
        other activities affecting the aging conducted or 
        assisted by all Federal departments and agencies for 
        the purpose of appraising their value and their impact 
        on the lives of older individuals and of identifying 
        duplication and gaps among the types of services 
        provided under such programs and activities;
          [(4) serve as a spokesman on behalf of older 
        individuals by making recommendations to the President, 
        to the Secretary, to the Assistant Secretary, and to 
        the Congress with respect to Federal policies regarding 
        the aging and federally conducted or assisted programs 
        and other activities relating to or affecting them;
          [(5) inform the public about the problems and needs 
        of the aging by collecting and disseminating 
        information, conducting or commissioning studies and 
        publishing the results thereof, and by issuing 
        publications and reports; and
          [(6) provide public forums for discussing and 
        publicizing the problems and needs of the aging and 
        obtaining information relating thereto by conducting 
        public hearings, and by conducting or sponsoring 
        conferences, workshops, and other such meetings.
  [(e) The Council shall have staff personnel, appointed by the 
Chairperson, to assist it in carrying out its activities. The 
head of each Federal department and agency shall make available 
to the Council such information and other assistance as it may 
require to carry out its activities.
  [(f) Beginning with the year 1974 the Council shall make 
interim reports and an annual report of its findings and 
recommendations to the President not later than March 31 of 
each year. The President shall transmit each such report to the 
Congress together with his comments and recommendations.
  [(g) There are authorized to be appropriated to carry out 
this section $300,000 for fiscal year 1992 and such sums as may 
be necessary for fiscal years 1993, 1994, and 1995.

                       [administration of the act

  [Sec. 205. (a)(1) In carrying out the objectives of this Act, 
the Assistant Secretary is authorized to--
          [(A) provide consultative services and technical 
        assistance to public or nonprofit private agencies and 
        organizations;
          [(B) provide short-term training and technical 
        instruction;
          [(C) conduct research and demonstrations;
          [(D) collect, prepare, publish, and disseminate 
        special educational or informational materials, 
        including reports of the projects for which funds are 
        provided under this Act; and
          [(E) provide staff and other technical assistance to 
        the Federal Council on the Aging.
  [(2)(A) The Assistant Secretary shall designate an officer or 
employee who shall serve on a full-time basis and who shall be 
responsible for the administration of the nutrition services 
described in subparts 1, 2, and 3 of part C of title III and 
shall have duties that include--
          [(i) designing, implementing, and evaluating 
        nutrition programs;
          [(ii) developing guidelines for nutrition providers 
        concerning safety, sanitary handling of food, 
        equipment, preparation, and food storage;
          [(iii) disseminating information to nutrition service 
        providers about nutrition advancements and 
        developments;
          [(iv) promoting coordination between nutrition 
        service providers and community-based organizations 
        serving older individuals;
          [(v) developing guidelines on cost containment;
          [(vi) defining a long range role for the nutrition 
        services in community-based care systems;
          [(vii) developing model menus and other appropriate 
        materials for serving special needs populations and 
        meeting cultural meal preferences; and
          [(viii) providing technical assistance to the 
        regional offices of the Administration with respect to 
        each duty described in clauses (i) through (vii).
  [(B) The regional offices of the Administration shall be 
responsible for disseminating, and providing technical 
assistance regarding, the guidelines and information described 
in clauses (ii), (iii), and (v) of subparagraph (A) to State 
agencies, area agencies on aging, and persons that provide 
nutrition services under part C of title III.
  [(C) The officer or employee designated under subparagraph 
(A) shall--
          [(i) have expertise in nutrition and dietary services 
        and planning; and
          [(ii)(I) be a registered dietitian;
          [(II) be a credentialed nutrition professional; or
          [(III) have education and training that is 
        substantially equivalent to the education and training 
        for a registered dietitian or a credentialed nutrition 
        professional.
  [(b) In administering the functions of the Administration 
under this Act, the Assistant Secretary may utilize the 
services and facilities of any agency of the Federal Government 
and of any other public or nonprofit agency or organization, in 
accordance with agreements between the Assistant Secretary and 
the head thereof, and is authorized to pay therefor, in advance 
or by way of reimbursement, as may be provided in the 
agreement.
  [(c) Not later than 120 days after the date of the enactment 
of the Older Americans Act Amendments of 1987, the Secretary 
shall issue and publish in the Federal Register proposed 
regulations for the administration of this Act. 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, in final form, regulations for the 
administration of this Act.
  [(d) Not later than September 1 of each fiscal year, the 
Assistant Secretary shall make available to the public, for the 
purpose of facilitating informed public comment, a statement of 
proposed specific goals to be achieved by implementing this Act 
in the first fiscal year beginning after the date on which such 
statement is made available.
  [(e) For the purpose of carrying out this section, there are 
authorized to be appropriated such sums as may be necessary.

                              [evaluation

  [Sec. 206. (a) The Secretary shall measure and evaluate the 
impact of all programs authorized by this Act, their 
effectiveness in achieving stated goals in general, and in 
relation to their cost, their impact on related programs, their 
effectiveness in targeting for services under this Act unserved 
older individuals with greatest economic need (including low-
income minority individuals) and unserved older individuals 
with greatest social need (including low-income minority 
individuals), and their structure and mechanisms for delivery 
of services, including, where appropriate, comparisons with 
appropriate control groups composed of persons who have not 
participated in such programs. Evaluations shall be conducted 
by persons not immediately involved in the administration of 
the program or project evaluated.
  [(b) The Secretary may not make grants or contracts under 
title IV of this Act until the Secretary develops and publishes 
general standards to be used by the Secretary in evaluating the 
programs and projects assisted under such title. Results of 
evaluations conducted pursuant to such standards shall be 
included in the reports required by section 207.
  [(c) In carrying out evaluations under this section, the 
Secretary shall, whenever possible, arrange to obtain the 
opinions of program and project participants about the 
strengths and weaknesses of the programs and projects, and 
conduct, where appropriate, evaluations which compare the 
effectiveness of related programs in achieving common 
objectives. In carrying out such evaluations, the Secretary 
shall consult with organizations concerned with older 
individuals, including those representing minority individuals 
and older individuals with disabilities.
  [(d) The Secretary shall annually publish summaries and 
analyses of the results of evaluative research and evaluation 
of program and project impact and effectiveness, including, as 
appropriate, health and nutrition education demonstration 
projects conducted under section 307(f) the full contents of 
which shall be transmitted to Congress, be disseminated to 
Federal, State, and local agencies and private organizations 
with an interest in aging, and be accessible to the public.
  [(e) The Secretary shall take the necessary action to assure 
that all studies, evaluations, proposals, and data produced or 
developed with Federal funds shall become the property of the 
United States.
  [(f) Such information as the Secretary may deem necessary for 
purposes of the evaluations conducted under this section shall 
be made available to him, upon request, by the departments and 
agencies of the executive branch.
  [(g)(1) Not later than June 30, 1995, the Assistant 
Secretary, in consultation with the Assistant Secretary for 
Planning and Evaluation of the Department of Health and Human 
Services, shall complete an evaluation of nutrition services 
provided under this Act, to evaluate for fiscal years 1992 and 
1993--
          [(A) their effectiveness in serving special 
        populations of older individuals;
          [(B) the quality of nutrition provided by such 
        services;
          [(C) average meal costs (including the cost of food, 
        related administrative costs, and the cost of 
        supportive services relating to nutrition services), 
        taking into account regional differences and size of 
        projects;
          [(D) the characteristics of participants;
          [(E) the applicability of health, safety, and dietary 
        standards;
          [(F) the appraisal of such services by recipients;
          [(G) the efficiency of delivery and administration of 
        such services;
          [(H) the amount, sources, and ultimate uses of funds 
        transferred under section 308(b)(5) to provide such 
        services;
          [(I) the amount, sources, and uses of other funds 
        expended to provide such services, including the extent 
        to which funds received under this Act are used to 
        generate additional funds to provide such services;
          [(J) the degree of nutritional expertise used to plan 
        and manage coordination with other State and local 
        services;
          [(K) nonfood cost factors incidental to providing 
        nutrition services under this Act;
          [(L) the extent to which commodities provided by the 
        Secretary of Agriculture under section 311(a) are used 
        to provide such services;
          [(M) and for the 8-year period ending September 30, 
        1992, the characteristics, and changes in the 
        characteristics, of such nutrition services;
          [(N) differences between older individuals who 
        receive nutrition services under section 331 and older 
        individuals who receive nutrition services under 
        section 336, with specific reference to age, income, 
        health status, receipt of food stamp benefits, and 
        limitations on activities of daily living;
          [(O) the impact of the increase in nutrition services 
        provided under section 336, the factors that caused 
        such increase, and the effect of such increase on 
        nutrition services authorized under section 336;
          [(P) how, and the extent to which, nutrition services 
        provided under this Act generally, and under section 
        331 specifically, are integrated with long-term care 
        programs;
          [(Q) the impact of nutrition services provided under 
        this Act on older individuals, including the impact on 
        their dietary intake and opportunities for 
        socialization;
          [(R) the adequacy of the daily recommended dietary 
        allowances described in section 339; and
          [(S) the impact of transferring funds under section 
        308(b)(5) and how funds transferred under such section 
        are expended to provide nutrition services.
  [(2)(A)(i) The Assistant Secretary shall establish an 
advisory council to develop recommendations for guidelines on 
efficiency and quality in furnishing nutrition services 
described in subparts 1, 2, and 3 of part C of title III.
  [(ii) The council shall be composed of members appointed by 
the Assistant Secretary from among individuals nominated by the 
Secretary of Agriculture, the American Dietetic Association, 
the Dietary Managers Association, the National Association of 
Nutrition and Aging Service Programs, the National Association 
of Meal Programs, the National Association of State Units on 
Aging, the National Association of Area Agencies on Aging, and 
other appropriate organizations.
  [(B) Not later than June 30, 1994, the Assistant Secretary, 
in consultation with the Secretary of Agriculture and taking 
into consideration the recommendations of the council, shall 
publish interim guidelines of the kind described in 
subparagraph (A)(i).
  [(3) Not later than September 30, 1995, the Secretary shall--
          [(A) submit to the President, the Speaker of the 
        House of Representatives, and the President pro tempore 
        of the Senate recommendations and final guidelines to 
        improve nutrition services provided under this Act; and
          [(B) require the Assistant Secretary to implement 
        such recommendations administratively, to the extent 
        feasible.
  [(h) The Secretary may use such sums as may be necessary, but 
not to exceed $3,000,000 (of which not to exceed $1,500,000 
shall be available from funds appropriated to carry out title 
III and not to exceed $1,500,000 shall be available from funds 
appropriated to carry out title IV), to conduct directly 
evaluations under this section. No part of such sums may be 
reprogrammed, transferred, or used for any other purpose. Funds 
expended under this subsection shall be justified and accounted 
for by the Secretary.

                                [reports

  [Sec. 207. (a) Not later than one hundred and twenty days 
after the close of each fiscal year, the Assistant Secretary 
shall prepare and submit to the President and to the Congress a 
full and complete report on the activities carried out under 
this Act. Such annual reports shall include--
          [(1) statistical data reflecting services and 
        activities provided to individuals during the preceding 
        fiscal year;
          [(2) statistical data collected under section 
        202(a)(19);
          [(3) an analysis of the information received under 
        section 306(b)(2)(D) by the Assistant Secretary;
          [(4) 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 individuals, low-
        income individuals, and frail individuals (including 
        individuals with any physical or mental functional 
        impairment); and
          [(5) a description of the implementation of the plan 
        required by section 202(a)(17).
  [(b)(1) Not later than March 1 of each year, the Assistant 
Secretary shall compile a report--
          [(A) summarizing and analyzing the data collected 
        under titles III and VII in accordance with section 
        712(c) for the then most recently concluded fiscal 
        year;
          [(B) identifying significant problems and issues 
        revealed by such data (with special emphasis on 
        problems relating to quality of care and residents' 
        rights);
          [(C) discussing current issues concerning the long-
        term care ombudsman programs of the States; and
          [(D) making recommendations regarding legislation and 
        administrative actions to resolve such problems.
  [(2) The Assistant Secretary shall submit the report required 
by paragraph (1) to--
          [(A) the Special Committee on Aging of the Senate;
          [(B) the Committee on Education and Labor of the 
        House of Representatives; and
          [(C) the Committee on Labor and Human Resources of 
        the Senate.
  [(3) The Assistant Secretary shall provide the report 
required by paragraph (1), and make the State reports required 
under titles III and VII in accordance with section 712(h)(1) 
available, to--
          [(A) the Administrator of the Health Care Finance 
        Administration;
          [(B) the Office of the Inspector General of the 
        Department of Health and Human Services;
          [(C) the Office of Civil Rights of the Department of 
        Health and Human Services;
          [(D) the Secretary of Veterans Affairs; and
          [(E) each public agency or private organization 
        designated as an Office of the State Long-Term Care 
        Ombudsman under title III or VII in accordance with 
        section 712(a)(4)(A).
  [(c) The Assistant Secretary shall, as part of the annual 
report submitted under subsection (a), prepare and submit a 
report on the outreach activities supported under this Act, 
together with such recommendations as the Assistant Secretary 
deems appropriate. In carrying out this subsection, the 
Assistant Secretary shall consider--
          [(1) the number of older individuals reached through 
        the activities;
          [(2) the dollar amount of the assistance and benefits 
        received by older individuals as a result of such 
        activities;
          [(3) the cost of such activities in terms of the 
        number of individuals reached and the dollar amount 
        described in paragraph (2);
          [(4) the effect of such activities on supportive 
        services and nutrition services furnished under title 
        III of this Act; and
          [(5) the effectiveness of State and local efforts to 
        target older individuals with greatest economic need 
        (including low-income minority individuals) and older 
        individuals with greatest social need (including low-
        income minority individuals) to receive services under 
        this Act.

                       [joint funding of projects

  [Sec. 208. Pursuant to regulations prescribed by the 
President and to the extent consistent with the other 
provisions of this Act, where funds are provided for a single 
project by more than one Federal agency to any agency or 
organization assisted under this Act, the Federal agency 
principally involved may be designated to act for all in 
administering the funds provided. In such cases, a single non-
Federal share requirement may be established according to the 
proportion of funds advanced by each Federal agency, and any 
such agency may waive any technical grant or contract 
requirement (as defined by such regulations) which is 
inconsistent with the similar requirements of the administering 
agency or which the administering agency does not impose.

                            [advance funding

  [Sec. 209. (a) For the purpose of affording adequate notice 
of funding available under this Act, appropriations under this 
Act are authorized to be included in the appropriation Act for 
the fiscal year preceding the fiscal year for which they are 
available for obligation.
  [(b) In order to effect a transition to the advance funding 
method of timing appropriation action, subsection (a) shall 
apply notwithstanding that its initial application will result 
in the enactment in the same year (whether in the same 
appropriation Act or otherwise) of two separate appropriations, 
one for the then current fiscal year and one for the succeeding 
fiscal year.

                       [application of other laws

  [Sec. 210. (a) The provisions and requirements of the Act of 
December 5, 1974 (Public Law 93-510; 88 Stat. 1604) shall not 
apply to the administration of the provisions of this Act or to 
the administration of any program or activity under this Act.
  [(b) No part of the costs of any project under any title of 
this Act may be treated as income or benefits to any eligible 
individual (other than any wage or salary to such individual) 
for the purpose of any other program or provision of Federal or 
State law.

                        [reduction of paperwork

  [Sec. 211. 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 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 objectives 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.

                    [contracting and grant authority

  [Sec. 212. None of the provisions of this Act shall be 
construed to prevent a recipient of a grant or a contract from 
entering into an agreement, subject to the approval of the 
State agency (or in the case of a grantee under title VI, 
subject to the recommendation of the Director of the Office for 
American Indian, Alaskan Native, and Native Hawaiian Aging and 
the approval of the Assistant Secretary), with a profitmaking 
organization to carry out the provisions of this Act and of the 
appropriate State plan.

                     [surplus property eligibility

  [Sec. 213. Any State or local government agency, and any 
nonprofit organization or institution, which receives funds 
appropriated for programs for older individuals under this Act, 
under title IV or title XX of the Social Security Act, or under 
titles VIII and X of the Economic Opportunity Act of 1964 and 
the Community Services Block Grant Act, shall be deemed 
eligible to receive for such programs, property which is 
declared surplus to the needs of the Federal Government in 
accordance with laws applicable to surplus property.

[SEC. 214. NUTRITION EDUCATION.

  [The Assistant Secretary and the Secretary of Agriculture may 
provide technical assistance and appropriate material to 
agencies carrying out nutrition education programs in 
accordance with section 307(a)(13)(J).

[SEC. 215. AUTHORIZATION OF APPROPRIATIONS.

  [(a) Administration.--For purposes of carrying out this Act, 
there are authorized to be appropriated for the Administration 
such sums as may be necessary for fiscal years 1992, 1993, 
1994, and 1995.
  [(b) Salaries and Expenses.--There are authorized to be 
appropriated for salaries and expenses of the Administration on 
Aging--
          [(1) $17,000,000 for fiscal year 1992, $20,000,000 
        for fiscal year 1993, $24,000,000 for fiscal year 1994, 
        and $29,000,000 for fiscal year 1995; and
          [(2) such additional sums as may be necessary for 
        each such fiscal year to enable the Assistant Secretary 
        to provide for not fewer than 300 full-time employees 
        (or the equivalent thereof) in the Administration on 
        Aging.

      [TITLE III--GRANTS FOR STATE AND COMMUNITY PROGRAMS ON AGING

                      [Part A--General Provisions

                        [purpose; administration

  [Sec. 301. (a)(1) It is the purpose of this title to 
encourage and assist State agencies and area agencies on aging 
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 new cooperative arrangements in each State with the 
persons described in paragraph (2), for the planning, and for 
the provision of, supportive services, and multipurpose senior 
centers, in order to--
          [(A) secure and maintain maximum independence and 
        dignity in a home environment for older individuals 
        capable of self care with appropriate supportive 
        services;
          [(B) remove individual and social barriers to 
        economic and personal independence for older 
        individuals;
          [(C) provide a continuum of care for vulnerable older 
        individuals; and
          [(D) secure the opportunity for older individuals to 
        receive managed in-home and community-based long-term 
        care services.
  [(2) The persons referred to in paragraph (1) include--
          [(A) State agencies and area agencies on aging;
          [(B) other State agencies, including agencies that 
        administer home and community care programs;
          [(C) Indian tribes, tribal organizations, and Native 
        Hawaiian organizations;
          [(D) the providers, including voluntary organizations 
        or other private sector organizations, of supportive 
        services, nutrition services, and multipurpose senior 
        centers; and
          [(E) organizations representing or employing older 
        individuals or their families.
  [(b)(1) In order to effectively carry out the purpose of this 
title, the Assistant Secretary shall administer programs under 
this title through the Administration.
  [(2) In carrying out the provisions of this title, the 
Assistant Secretary 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.
  [(c) The Assistant Secretary shall provide technical 
assistance and training (by contract, grant, or otherwise) to 
State long-term care ombudsman programs established under 
section 307(a)(12) in accordance with section 712, and to 
individuals within such programs designated under section 712 
to be representatives of a long-term care ombudsman, in order 
to enable such ombudsmen and such representatives to carry out 
the ombudsman program effectively.

                              [definitions

  [Sec. 302. For the purpose of this title--
          [(1) The term ``comprehensive and coordinated 
        system'' means a system for providing all necessary 
        supportive services, including nutrition services, in a 
        manner designed to--
                  [(A) facilitate accessibility to, and 
                utilization of, all supportive services and 
                nutrition services provided within the 
                geographic area served by such system by any 
                public or private agency or organization;
                  [(B) develop and make the most efficient use 
                of supportive services and nutrition services 
                in meeting the needs of older individuals;
                  [(C) use available resources efficiently and 
                with a minimum of duplication; and
                  [(D) encourage and assist public and private 
                entities that have unrealized potential for 
                meeting the service needs of older individuals 
                to assist the older individuals on a voluntary 
                basis.
          [(2) 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) an Indian tribal organization.
          [(3) The term ``education and training service'' 
        means a supportive service designed to assist older 
        individuals to better cope with their economic, health, 
        and personal needs through services such as consumer 
        education, continuing education, health education, 
        preretirement education, financial planning, and other 
        education and training services which will advance the 
        objectives of this Act.

            [authorization of appropriations; uses of funds

  [Sec. 303. (a)(1) There are authorized to be appropriated 
$461,376,000 for fiscal year 1992 and such sums as may be 
necessary for fiscal years 1993, 1994, and 1995, for the 
purpose of making grants under part B of this title (relating 
to supportive services and senior centers).
  [(2) Funds appropriated under paragraph (1) shall be 
available to carry out section 712.
  [(b)(1) There are authorized to be appropriated $505,000,000 
for fiscal year 1992 and such sums as may be necessary for 
fiscal years 1993, 1994, and 1995, for the purpose of making 
grants under subpart 1 of part C of this title (relating to 
congregate nutrition services).
  [(2) There are authorized to be appropriated $120,000,000 for 
fiscal year 1992 and such sums as may be necessary for fiscal 
years 1993, 1994, and 1995, for the purpose of making grants 
under subpart 2 of part C of this title (relating to home 
delivered nutrition services).
  [(3) There are authorized to be appropriated $15,000,000 for 
fiscal year 1992 and such sums as may be necessary for fiscal 
years 1993, 1994, and 1995, to carry out subpart 3 of part C of 
this title (relating to school-based meals for volunteer older 
individuals and multigenerational programs).
  [(c) Grants made under part B, and subparts 1 and 2 of part 
C, of this title may be used for paying part of the cost of--
          [(1) the administration of area plans by area 
        agencies on aging designated under section 
        305(a)(2)(A), including the preparation of area plans 
        on aging consistent with section 306 and the evaluation 
        of activities carried out under such plans; and
          [(2) the development of comprehensive and coordinated 
        systems for supportive services, congregate and home 
        delivered nutrition services under subparts 1 and 2 of 
        part C, the development and operation of multipurpose 
        senior centers, and the delivery of legal assistance.
  [(d) There are authorized to be appropriated $45,388,000 for 
fiscal year 1992 and such sums as may be necessary for fiscal 
years 1993, 1994, and 1995, for the purpose of making grants 
under part D of this title (relating to in-home services).
  [(e) There are authorized to be appropriated such sums as may 
be necessary for the fiscal years 1992, 1993, 1994, and 1995, 
to carry out part E (relating to special needs).
  [(f) There are authorized to be appropriated $25,000,000 for 
fiscal year 1992 and such sums as may be necessary for fiscal 
years 1993, 1994, and 1995, for the purpose of making grants 
under part F of this title (relating to periodic preventive 
health, health education, and promotion services).
  [(g) There are authorized to be appropriated $15,000,000 for 
fiscal year 1992 and such sums as may be necessary for fiscal 
years 1993, 1994, and 1995, to carry out part G (relating to 
supportive activities for caretakers).

                       [allotment; federal share

  [Sec. 304. (a)(1) Subject to paragraphs (2) and (3) from the 
sums appropriated under section 303 for each fiscal year, each 
State shall be allotted an amount which bears the same ratio to 
such sums as the population of older individuals in such State 
bears to the population of older individuals in all States, 
except that (A) no State shall be allotted less than one-half 
of 1 percent of the sum appropriated for the fiscal year for 
which the determination is made; (B) Guam, the United States 
Virgin Islands, and the Trust Territory of the Pacific Islands, 
shall each be allotted not less than one-fourth of 1 percent of 
the sum appropriated for the fiscal year for which the 
determination is made; and (C) American Samoa and the 
Commonwealth of the Northern Mariana Islands shall each be 
allotted not less than one-sixteenth of 1 percent of the sum 
appropriated for the fiscal year for which the determination is 
made. For the purposes of paragraph (3) and the exception 
contained in subparagraph (A) only, the term ``State'' does not 
include Guam, American Samoa, the United States Virgin Islands, 
the Trust Territory of the Pacific Islands, and the 
Commonwealth of the Northern Mariana Islands.
  [(2) No State shall be allotted less than the total amount 
allotted to the State under paragraph (1) of this subsection 
and section 308 for fiscal year 1987.
  [(3) No State shall be allotted, from the amount appropriated 
under section 303(g), less than $50,000 for any fiscal year.
  [(4) The number of individuals aged 60 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.
  [(b) Whenever the Assistant Secretary determines that any 
amount allotted to a State under part B or C for a fiscal year 
under this section will not be used by such State for carrying 
out the purpose for which the allotment was made, the Assistant 
Secretary shall make such allotment available for carrying out 
such purpose to one or more other States to the extent the 
Assistant Secretary determines that such other State will be 
able to use such additional amount for carrying out such 
purpose. Any amount made available to a State from an 
appropriation for a fiscal year in accordance with the 
preceding sentence shall, for purposes of this title, be 
regarded as part of such State's allotment (as determined under 
subsection (a)) for such year, but shall remain available until 
the end of the succeeding fiscal year.
  [(c) If the Assistant Secretary finds that any State has 
failed to qualify under the State plan requirements of section 
307 or the Assistant Secretary does not approve the funding 
formula required under section 305(a)(2)(C), the Assistant 
Secretary shall withhold the allotment of funds to such State 
referred to in subsection (a). The Assistant Secretary shall 
disburse the funds so withheld directly to any public or 
private nonprofit institution or organization, agency, or 
political subdivision of such State submitting an approved plan 
under section 307, which includes an agreement that any such 
payment shall be matched in the proportion determined under 
subsection (d)(1)(D) for such State, by funds or in-kind 
resources from non-Federal sources.
  [(d)(1) From any State's allotment, after the application of 
section 308(b), under this section for any fiscal year--
          [(A) such amount as the State agency determines, but 
        not more than 10 percent thereof, shall be available 
        for paying such percentage as the agency determines, 
        but not more than 75 percent, of the cost of 
        administration of area plans;
          [(B) such amount (excluding any amount attributable 
        to funds appropriated under section 303(a)(3)) as the 
        State agency determines to be adequate for conducting 
        an effective ombudsman program under section 307(a)(12) 
        shall be available for conducting such program;
          [(C) not less than $150,000 and not more than 4 
        percent of the amount allotted to the State for 
        carrying out part B, shall be available for conducting 
        outreach demonstration projects under section 706; and
          [(D) the remainder of such allotment shall be 
        available to such State only for paying such percentage 
        as the State agency determines, but not more than 85 
        percent of the cost of supportive services, senior 
        centers, and nutrition services under this title 
        provided in the State as part of a comprehensive and 
        coordinated system in planning and service areas for 
        which there is an area plan approved by the State 
        agency.
  [(2) The non-Federal share shall be 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.
  [(e) Grants made from allotments received under this title 
may be used for paying for the costs of providing for an area 
volunteer services coordinator (as described in section 
306(a)(12)) or a State volunteer services coordinator (as 
described in section 307(a)(31)).

                             [organization

  [Sec. 305. (a) In order for a State to be eligible to 
participate in programs of grants to States from allotments 
under this title--
          [(1) the State shall, in accordance with regulations 
        of the Assistant 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 307;
                  [(B) administer the State plan within such 
                State;
                  [(C) be primarily responsible for the 
                planning, policy development, administration, 
                coordination, priority setting, and evaluation 
                of all State activities related to the 
                objectives of this Act;
                  [(D) serve as an effective and visible 
                advocate for older individuals by reviewing and 
                commenting upon all State plans, budgets, and 
                policies which affect older individuals and 
                providing technical assistance to any agency, 
                organization, association, or individual 
                representing the needs of older individuals; 
                and
                  [(E) divide the State into distinct planning 
                and service areas (or in the case of a State 
                specified in subsection (b)(5)(A), designate 
                the entire State as a single planning and 
                service area), in accordance with guidelines 
                issued by the Assistant Secretary, after 
                considering the geographical distribution of 
                older individuals in the State, the incidence 
                of the need for supportive services, nutrition 
                services, multipurpose senior centers, and 
                legal assistance, the distribution of older 
                individuals who have greatest economic need 
                (with particular attention to low-income 
                minority individuals) residing in such areas, 
                the distribution of older individuals who have 
                greatest social need (with particular attention 
                to low-income minority individuals) residing in 
                such areas, the distribution of older 
                individuals who are Indians residing in such 
                areas, the distribution of resources available 
                to provide such services or centers, the 
                boundaries of existing areas within the State 
                which were drawn for the planning or 
                administration of supportive services programs, 
                the location of units of general purpose local 
                government within the State, and any other 
                relevant factors; and
          [(2) the State agency shall--
                  [(A) except as provided in subsection (b)(5), 
                designate for each such area after 
                consideration of the views offered by the unit 
                or units of general purpose local government in 
                such area, a public or private nonprofit agency 
                or organization as the area agency on aging for 
                such area;
                  [(B) provide assurances, satisfactory to the 
                Assistant Secretary, that the State agency will 
                take into account, in connection with matters 
                of general policy arising in the development 
                and administration of the State plan for any 
                fiscal year, the views of recipients of 
                supportive services or nutrition services, or 
                individuals using multipurpose senior centers 
                provided under such plan;
                  [(C) in consultation with area agencies, in 
                accordance with guidelines issued by the 
                Assistant Secretary, and using the best 
                available data, develop and publish for review 
                and comment a formula for distribution within 
                the State of funds received under this title 
                that takes into account--
                          [(i) the geographical distribution of 
                        older individuals in the State; and
                          [(ii) the distribution among planning 
                        and service areas of older individuals 
                        with greatest economic need and older 
                        individuals with greatest social need, 
                        with particular attention to low-income 
                        minority older individuals;
                  [(D) submit its formula developed under 
                subparagraph (C) to the Assistant Secretary for 
                approval;
                  [(E) provide assurance that preference will 
                be given to providing services to older 
                individuals with greatest economic need and 
                older individuals with greatest social need, 
                with particular attention to low-income 
                minority individuals, and include proposed 
                methods of carrying out the preference in the 
                State plan;
                  [(F) provide assurances that the State agency 
                will require use of outreach efforts described 
                in section 307(a)(24); and
                  [(G)(i) set specific objectives, in 
                consultation with area agencies on aging, for 
                each planning and service area for providing 
                services funded under this title to low-income 
                minority older individuals;
                  [(ii) provide an assurance that the State 
                agency will undertake specific program 
                development, advocacy, and outreach efforts 
                focused on the needs of low-income minority 
                older individuals; and
                  [(iii) provide a description of the efforts 
                described in clause (ii) that will be 
                undertaken by the State agency.
  [(b)(1) In carrying out the requirement of subsection (a)(1), 
the State may designate as a planning and service area any unit 
of general purpose local government which has a population of 
100,000 or more. In any case in which a unit of general purpose 
local government makes application to the State agency under 
the preceding sentence to be designated as a planning and 
service area, the State agency shall, upon request, provide an 
opportunity for a hearing to such unit of general purpose local 
government. A State may designate as a planning and service 
area under subsection (a)(1) any region within the State 
recognized for purposes of areawide planning which includes one 
or more such units of general purpose local government when the 
State determines that the designation of such a regional 
planning and service area is necessary for, and will enhance, 
the effective administration of the programs authorized by this 
title. The State may include in any planning and service area 
designated under subsection (a)(1) such additional areas 
adjacent to the unit of general purpose local government or 
regions so designated as the State determines to be necessary 
for, and will enhance the effective administration of the 
programs authorized by this title.
  [(2) The State is encouraged in carrying out the requirement 
of subsection (a)(1) to include the area covered by the 
appropriate economic development district involved in any 
planning and service area designated under subsection (a)(1), 
and to include all portions of an Indian reservation within a 
single planning and service area, if feasible.
  [(3) The chief executive officer of each State in which a 
planning and service area crosses State boundaries, or in which 
an interstate Indian reservation is located, may apply to the 
Assistant Secretary to request redesignation as an interstate 
planning and service area comprising the entire metropolitan 
area or Indian reservation. If the Assistant Secretary approves 
such an application, the Assistant Secretary shall adjust the 
State allotments of the areas within the planning and service 
area in which the interstate planning and service area is 
established to reflect the number of older individuals within 
the area who will be served by an interstate planning and 
service area not within the State.
  [(4) Whenever a unit of general purpose local government, a 
region, a metropolitan area or an Indian reservation is denied 
designation under the provisions of subsection (a)(1), such 
unit of general purpose local government, region, metropolitan 
area, or Indian reservation may appeal the decision of the 
State agency to the Assistant Secretary. The Assistant 
Secretary shall afford such unit, region, metropolitan area, or 
Indian reservation an opportunity for a hearing. In carrying 
out the provisions of this paragraph, the Assistant Secretary 
may approve the decision of the State agency, disapprove the 
decision of the State agency and require the State agency to 
designate the unit, region, area, or Indian reservation 
appealing the decision as a planning and service area, or take 
such other action as the Assistant Secretary deems appropriate.
  [(5)(A) A State which on or before October 1, 1980, had 
designated, with the approval of the Assistant Secretary, 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 private nonprofit agencies or 
organizations as area agencies on aging, after considering the 
factors specified in subsection (a)(1)(E). 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.
  [(B) Whenever a State agency designates a new area agency on 
aging after the date of enactment of the Older Americans Act 
Amendments of 1984, the State agency shall give the right to 
first refusal to a unit of general purpose local government if 
(i) such unit can meet the requirements of subsection (c), and 
(ii) the boundaries of such a unit and the boundaries of the 
area are reasonably contiguous.
  [(C)(i) A State agency shall establish and follow appropriate 
procedures to provide due process to affected parties, if the 
State agency initiates an action or proceeding to--
          [(I) revoke the designation of the area agency on 
        aging under subsection (a);
          [(II) designate an additional planning and service 
        area in a State;
          [(III) divide the State into different planning and 
        services areas; or
          [(IV) otherwise affect the boundaries of the planning 
        and service areas in the State.
  [(ii) The procedures described in clause (i) shall include 
procedures for--
          [(I) providing notice of an action or proceeding 
        described in clause (i);
          [(II) documenting the need for the action or 
        proceeding;
          [(III) conducting a public hearing for the action or 
        proceeding;
          [(IV) involving area agencies on aging, service 
        providers, and older individuals in the action or 
        proceeding; and
          [(V) allowing an appeal of the decision of the State 
        agency in the action or proceeding to the Assistant 
        Secretary.
  [(iii) An adversely affected party involved in an action or 
proceeding described in clause (i) may bring an appeal 
described in clause (ii)(V) on the basis of--
          [(I) the facts and merits of the matter that is the 
        subject of the action or proceeding; or
          [(II) procedural grounds.
  [(iv) In deciding an appeal described in clause (ii)(V), the 
Assistant Secretary may affirm or set aside the decision of the 
State agency. If the Assistant Secretary sets aside the 
decision, and the State agency has taken an action described in 
subclauses (I) through (III) of clause (i), the State agency 
shall nullify the action.
  [(c) An area agency on aging designated under subsection (a) 
shall be--
          [(1) an established office of aging which is 
        operating within a planning and service area designated 
        under subsection (a);
          [(2) any office or agency of a unit of general 
        purpose local government, which is designated to 
        function only for the purpose of serving as an area 
        agency on aging by the chief elected official of such 
        unit;
          [(3) 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;
          [(4) any public or nonprofit private agency in a 
        planning and service area, or any separate 
        organizational unit within such agency, which is under 
        the supervision or direction for this purpose of the 
        designated State agency and which can and will engage 
        only in the planning or provision of a broad range of 
        supportive services, or nutrition services within such 
        planning and service area; or
          [(5) in the case of a State specified in subsection 
        (b)(5), 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. 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.
  [(d) The publication for review and comment required by 
paragraph (2)(C) of subsection (a) shall include--
          [(1) a descriptive statement of the formula's 
        assumptions and goals, and the application of the 
        definitions of greatest economic or social need,
          [(2) a numerical statement of the actual funding 
        formula to be used,
          [(3) a listing of the population, economic, and 
        social data to be used for each planning and service 
        area in the State, and
          [(4) a demonstration of the allocation of funds, 
        pursuant to the funding formula, to each planning and 
        service area in the State.

                              [area plans

  [Sec. 306. (a) Each area agency on aging designated under 
section 305(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 two-, three-, or four-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 prepared in accordance 
with section 307(a)(1). Each such plan shall--
          [(1) provide, through a comprehensive and coordinated 
        system, for supportive services, nutrition services, 
        and, where appropriate, for the establishment, 
        maintenance, or construction of multipurpose senior 
        centers, within the planning and service area covered 
        by the plan, including determining the extent of need 
        for supportive services, 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, the 
        number of older individuals who have greatest economic 
        need (with particular attention to low-income minority 
        individuals) residing in such area, the number of older 
        individuals who have greatest social need (with 
        particular attention to low-income minority 
        individuals) residing in such area, and the number of 
        older individuals who are Indians residing in such 
        area, and the efforts of voluntary organizations in the 
        community), evaluating the effectiveness of the use of 
        resources in meeting such need, and 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) provide assurances that an adequate proportion, 
        as required under section 307(a)(22), of the amount 
        allotted for part B to the planning and service area 
        will be expended for the delivery of each of the 
        following categories of services--
                  [(A) services associated with access to 
                services (transportation, outreach, information 
                and assistance, and case management services);
                  [(B) in-home services (homemaker and home 
                health aides, visiting and telephone 
                reassurance, chore maintenance, and supportive 
                services for families of older individuals who 
                are victims of Alzheimer's disease and related 
                disorders with neurological and organic brain 
                dysfunction; and
                  [(C) legal assistance;
        and specify annually in such plan, as submitted or as 
        amended, in detail the amount of funds expended for 
        each such category during the fiscal year most recently 
        concluded;
          [(3)(A) designate, where feasible, a focal point for 
        comprehensive service delivery in each community, 
        giving special consideration to designating 
        multipurpose senior centers (including multipurpose 
        senior centers operated by organizations referred to in 
        paragraph (6)(E)(ii)) as such focal point; and
          [(B) specify, in grants, contracts, and agreements 
        implementing the plan, the identity of each focal point 
        so designated;
          [(4) provide for the establishment and maintenance of 
        information and assistance services in sufficient 
        numbers to assure that all 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 
        caretakers of individuals with such disease or 
        disorders);
          [(5)(A)(i) provide assurances that the area agency on 
        aging will set specific objectives for providing 
        services to older individuals with greatest economic 
        need and older individuals with greatest social need, 
        include specific objectives for providing services to 
        low-income minority individuals, and include proposed 
        methods of carrying out the preference in the area 
        plan;
          [(ii) provide assurances that the area agency on 
        aging will include in each agreement made with a 
        provider of any service under this title, a requirement 
        that such provider will--
                  [(I) specify how the provider intends to 
                satisfy the service needs of low-income 
                minority individuals in the area served by the 
                provider;
                  [(II) to the maximum extent feasible, provide 
                services to low-income minority individuals in 
                accordance with their need for such services; 
                and
                  [(III) meet specific objectives established 
                by the area agency on aging, for providing 
                services to low-income minority individuals 
                within the planning and service area; and
          [(iii) with respect to the fiscal year preceding the 
        fiscal year for which such plan is prepared--
                  [(I) identify the number of low-income 
                minority older individuals in the planning and 
                service area;
                  [(II) describe the methods used to satisfy 
                the service needs of such minority older 
                individuals; and
                  [(III) provide information on the extent to 
                which the area agency on aging met the 
                objectives described in clause (i);
          [(B) provide assurances that the area agency on aging 
        will use outreach efforts that will--
                  [(i) identify individuals eligible for 
                assistance under this Act, 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 
                        individuals);
                          [(III) older individuals with 
                        greatest social need (with particular 
                        attention to low-income minority 
                        individuals);
                          [(IV) older individuals with severe 
                        disabilities;
                          [(V) older individuals with limited 
                        English-speaking ability; and
                          [(VI) older individuals with 
                        Alzheimer's disease or related 
                        disorders with neurological and organic 
                        brain dysfunction (and the caretakers 
                        of such individuals); and
                  [(ii) inform the older individuals referred 
                to in subclauses (I) through (VI) of clause 
                (i), and the caretakers of such individuals, of 
                the availability of such assistance; and
          [(C) contain an assurance that the area agency on 
        aging will ensure that each activity undertaken by the 
        agency, including planning, advocacy, and systems 
        development, will include a focus on the needs of low-
        income minority older individuals;
          [(6) provide that the area agency on aging will--
                  [(A) conduct periodic evaluations of, and 
                public hearings on, activities carried out 
                under the area plan and an annual evaluation of 
                the effectiveness of outreach conducted under 
                paragraph (5)(B);
                  [(B) furnish appropriate technical 
                assistance, and timely 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;
                  [(C) 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;
                  [(D) 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 upon all policies, programs, 
                hearings, levies, and community actions which 
                will affect older individuals;
                  [(E)(i) where possible, enter into 
                arrangements with organizations providing day 
                care services for children or adults, and 
                respite for families, so as to provide 
                opportunities for older individuals to aid or 
                assist on a voluntary basis in the delivery of 
                such services to children, adults, and 
                families; and
                  [(ii) if possible regarding the provision of 
                services under this title, enter into 
                arrangements and coordinate with organizations 
                that have a proven record of providing services 
                to older individuals, that--
                          [(I) were officially designated as 
                        community action agencies or community 
                        action programs under section 210 of 
                        the Economic Opportunity Act of 1964 
                        (42 U.S.C. 2790) for fiscal year 1981, 
                        and did not lose the designation as a 
                        result of failure to comply with such 
                        Act; or
                          [(II) came into existence during 
                        fiscal year 1982 as direct successors 
                        in interest to such community action 
                        agencies or community action programs;
                and that meet the requirements under section 
                675(c)(3) of the Community Services Block Grant 
                Act (42 U.S.C. 9904(c)(3));
                  [(F) establish an advisory council consisting 
                of older individuals (including minority 
                individuals) who are participants or who are 
                eligible to participate in programs assisted 
                under this Act, 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;
                  [(G) develop and publish methods by which 
                priority of services is determined, 
                particularly with respect to the delivery of 
                services under paragraph (2);
                  [(H) establish effective and efficient 
                procedures for coordination of--
                          [(i) entities conducting programs 
                        that receive assistance under this Act 
                        within the planning and service area 
                        served by the agency; and
                          [(ii) entities conducting other 
                        Federal programs for older individuals 
                        at the local level, with particular 
                        emphasis on entities conducting 
                        programs described in section 203(b), 
                        within the area;
                  [(I) conduct efforts to 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;
                  [(J) identify the public and private 
                nonprofit entities involved in the prevention, 
                identification, and treatment of the abuse, 
                neglect, and exploitation of older individuals, 
                and based on such identification, determine the 
                extent to which the need for appropriate 
                services for such individuals is unmet;
                  [(K) 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;
                  [(L) coordinate the categories of services 
                specified in paragraph (2) for which the area 
                agency on aging is required to expend funds 
                under part B, with activities of community-
                based organizations established for the benefit 
                of victims of Alzheimer's disease and the 
                families of such victims;
                  [(M) coordinate any mental health services 
                provided with funds expended by the area agency 
                on aging for part B with the mental health 
                services provided by community health centers 
                and by other public agencies and nonprofit 
                private organizations;
                  [(N) if there is a significant population of 
                older individuals who are Indians in the 
                planning and service area of the area agency on 
                aging, the area agency on aging shall conduct 
                outreach activities to identify such 
                individuals in such area and shall inform such 
                individuals of the availability of assistance 
                under this Act;
                  [(O)(i) compile available information on 
                institutions of higher education in the 
                planning and service area regarding--
                          [(I) the courses of study offered to 
                        older individuals by such institutions; 
                        and
                          [(II) the policies of such 
                        institutions with respect to the 
                        enrollment of older individuals with 
                        little or no payment of tuition, on a 
                        space available basis, or on another 
                        special basis;
                and include in such compilation such related 
                supplementary information as may be necessary; 
                and
                  [(ii) based on the results of such 
                compilation, make a summary of such information 
                available to older individuals at multipurpose 
                senior centers, congregate nutrition sites, and 
                other appropriate places;
                  [(P) establish a grievance procedure for 
                older individuals who are dissatisfied with or 
                denied services under this title;
                  [(Q) enter into voluntary arrangements with 
                nonprofit entities (including public and 
                private housing authorities and organizations) 
                that provide housing (such as housing under 
                section 202 of the Housing Act of 1959 (12 
                U.S.C. 1701Q)) to older individuals, to 
                provide--
                          [(i) leadership and coordination in 
                        the development, provision, and 
                        expansion of adequate housing, 
                        supportive services, referrals, and 
                        living arrangements for older 
                        individuals; and
                          [(ii) advance notification and 
                        nonfinancial assistance to older 
                        individuals who are subject to eviction 
                        from such housing;
                  [(R) list the telephone number of the 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 the agency--
                          [(i) under the name ``Area Agency on 
                        Aging'';
                          [(ii) in the unclassified section of 
                        the directory; and
                          [(iii) to the extent possible, in the 
                        classified section of the directory, 
                        under a subject heading designated by 
                        the Assistant Secretary by regulation; 
                        and
                  [(S) identify the needs of older individuals 
                and describe methods the area agency on aging 
                will use to coordinate planning and delivery of 
                transportation services (including the purchase 
                of vehicles) to assist older individuals, 
                including those with special needs, in the 
                area;
          [(7) provide assurances that any amount received 
        under part D will be expended in accordance with such 
        part;
          [(8) provide assurances that any amount received 
        under part E will be expended in accordance with such 
        part;
          [(9) provide assurances that any amount received 
        under part F will be expended in accordance with such 
        part;
          [(10) provide assurances that any amount received 
        under part G will be expended in accordance with such 
        part;
          [(11) provide assurances that the area agency on 
        aging, in carrying out the State Long-Term Care 
        Ombudsman program under section 307(a)(12), will expend 
        not less than the total amount of funds appropriated 
        under this Act and expended by the agency in fiscal 
        year 1991 in carrying out such a program under this 
        title;
          [(12) in the discretion of the area agency on aging, 
        provide for an area volunteer services coordinator, who 
        shall--
                  [(A) 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;
                  [(B) encourage, organize, and promote the use 
                of older individuals as volunteers to local 
                communities within the area; and
                  [(C) promote the recognition of the 
                contribution made by volunteers to programs 
                administered under the area plan;
          [(13)(A) describe all activities of the area agency 
        on aging, whether funded by public or private funds; 
        and
          [(B) provide an assurance that the activities conform 
        with--
                  [(i) the responsibilities of the area agency 
                on aging, as set forth in this subsection; and
                  [(ii) the laws, regulations, and policies of 
                the State served by the area agency on aging;
          [(14) provide assurances that the area agency on 
        aging will--
                  [(A) maintain the integrity and public 
                purpose of services provided, and service 
                providers, under this title in all contractual 
                and commercial relationships;
                  [(B) disclose to the Assistant Secretary and 
                the State agency--
                          [(i) the identity of each 
                        nongovernmental entity with which such 
                        agency has a contract or commercial 
                        relationship relating to providing any 
                        service to older individuals; and
                          [(ii) the nature of such contract or 
                        such relationship;
                  [(C) demonstrate that a loss or diminution in 
                the quantity or quality of the services 
                provided, or to be provided, under this title 
                by such agency has not resulted and will not 
                result from such contract or such relationship;
                  [(D) demonstrate that the quantity or quality 
                of the services to be provided under this title 
                by such agency will be enhanced as a result of 
                such contract or such relationship; and
                  [(E) on the request of the Assistant 
                Secretary or the State, for the purpose of 
                monitoring compliance with this Act (including 
                conducting an audit), disclose all sources and 
                expenditures of funds such agency receives or 
                expends to provide services to older 
                individuals;
          [(15) provide assurances that funds received under 
        this title 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 this 
        title;
          [(16) provide assurances that preference in receiving 
        services under this title 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 this title;
          [(17) provide assurances that projects in the 
        planning and service area will reasonably accommodate 
        participants as described in section 307(a)(13)(G);
          [(18) provide assurances that the area agency on 
        aging will, to the maximum extent practicable, 
        coordinate the services it provides under this title 
        with services provided under title VI;
          [(19)(A) provide an assurance that the area agency on 
        aging will pursue activities to increase access by 
        older individuals who are Native Americans to all aging 
        programs and benefits provided by the agency, including 
        programs and benefits under this title, if applicable; 
        and
          [(B) specify the ways in which the area agency on 
        aging intends to implement the activities; and
          [(20) provide that case management services provided 
        under this title 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); and
                  [(C) be provided by--
                          [(i) a public agency; or
                          [(ii) a nonprofit private agency 
                        that--
                                  [(I) does not provide, and 
                                does not have a direct or 
                                indirect ownership or 
                                controlling interest in, or a 
                                direct or indirect affiliation 
                                or relationship with, an entity 
                                that provides, services other 
                                than case management services 
                                under this title; or
                                  [(II) is located in a rural 
                                area and obtains a waiver of 
                                the requirement described in 
                                subclause (I).
  [(b)(1) Each State, in approving area agency on aging plans 
under this section, shall waive the requirement described in 
paragraph (2) of subsection (a) for any category of services 
described in such paragraph if the area agency on aging 
demonstrates to the State agency that services being furnished 
for such category in the area are sufficient to meet the need 
for such services in such area.
  [(2)(A) Before an area agency on aging requests a waiver 
under paragraph (1) of this subsection, the area agency on 
aging shall conduct a timely public hearing in accordance with 
the provisions of this paragraph. The area agency on aging 
requesting a waiver shall notify all interested parties in the 
area of the public hearing and furnish the interested parties 
with an opportunity to testify.
  [(B) The area agency on aging shall prepare a record of the 
public hearing conducted pursuant to subparagraph (A) and shall 
furnish the record of the public hearing with the request for a 
waiver made to the State under paragraph (1).
  [(C) Whenever the State agency proposes to grant a waiver to 
an area agency on aging under this subsection, the State agency 
shall publish the intention to grant such a waiver together 
with the justification for the waiver at least 30 days prior to 
the effective date of the decision to grant the waiver. An 
individual or a service provider from the area with respect to 
which the proposed waiver applies is entitled to request a 
hearing before the State agency on the request to grant such 
waiver. If, within the 30-day period described in the first 
sentence of this subparagraph, an individual or service 
provider requests a hearing under this subparagraph, the State 
agency shall afford such individual or provider an opportunity 
for a hearing.
  [(D) If the State agency waives the requirement described in 
paragraph (2) of subsection (a), the State agency shall provide 
to the Assistant Secretary--
          [(i) a report regarding such waiver that details the 
        demonstration made by the area agency on aging to 
        obtain such waiver;
          [(ii) a copy of the record of the public hearing 
        conducted pursuant to subparagraph (A); and
          [(iii) a copy of the record of any public hearing 
        conducted pursuant to subparagraph (C).
  [(c)(1) Subject to regulations prescribed by the Assistant 
Secretary, an area agency on aging designated under section 
305(a)(2)(A) or, in areas of a State where no such agency has 
been designated, the State agency, may enter into agreement 
with agencies administering programs under the Rehabilitation 
Act of 1973, and titles XIX and XX of the Social Security Act 
for the purpose of developing and implementing plans for 
meeting the common need for transportation services of 
individuals receiving benefits under such Acts and older 
individuals participating in programs authorized by this title.
  [(2) In accordance with an agreement entered into under 
paragraph (1), funds appropriated under this title may be used 
to purchase transportation services for older individuals and 
may be pooled with funds made available for the provision of 
transportation services under the Rehabilitation Act of 1973, 
and titles XIX and XX of the Social Security Act.
  [(d) An area agency on aging may not require any provider of 
legal assistance under this title to reveal any information 
that is protected by the attorney-client privilege.
  [(e)(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, 
regulations, or policies, the State may withhold a portion of 
the funds to the area agency on aging available under this 
title.
  [(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 the action.
  [(3)(A) If a State agency withholds the funds, the State 
agency may use the funds withheld to directly administer 
programs under this title 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.

                              [state plans

  [Sec. 307. (a) Except as provided in the succeeding sentence 
and section 309(a), each State, in order to be eligible for 
grants from its allotment under this title for any fiscal year, 
shall submit to the Assistant Secretary a State plan for a two-
, three-, or four-year period determined by the State agency, 
with such annual revisions as are necessary, which meets such 
criteria as the Assistant Secretary may by regulation 
prescribe. If the Assistant Secretary determines, in the 
discretion of the Assistant Secretary, that a State failed in 2 
successive years to comply with the requirements under this 
title, then the State shall submit to the Assistant Secretary a 
State plan for a 1-year period that meets such criteria, for 
subsequent years until the Assistant Secretary determines that 
the State is in compliance with such requirements. Each such 
plan shall comply with all of the following requirements:
          [(1) The plan shall contain assurances that the State 
        plan will be based upon area plans developed by area 
        agencies on aging within the State designated under 
        section 305(a)(2)(A) and that the State will prepare 
        and distribute a uniform format for use by area 
        agencies on aging in developing area plans under 
        section 306.
          [(2) The plan shall provide that each area agency on 
        aging designated under section 305(a)(2)(A) will 
        develop and submit to the State agency for approval an 
        area plan which complies with the provisions of section 
        306.
          [(3)(A) The plan shall provide that the State agency 
        will evaluate the need for supportive services 
        (including legal assistance and transportation 
        services), nutrition services, and multipurpose senior 
        centers within the State and 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 
        202(a)(29).
          [(B) The plan shall provide assurances that the State 
        agency will spend in each fiscal year, for services to 
        older individuals residing in rural areas in the State 
        assisted under this title, an amount equal to not less 
        than 105 percent of the amount expended for such 
        services (including amounts expended under title V and 
        title VII) in fiscal year 1978.
          [(4) The plan shall provide for the use of such 
        methods of administration (including methods relating 
        to the establishment and maintenance of personnel 
        standards on a merit basis, except that the Assistant 
        Secretary shall exercise no authority with respect to 
        the selection, tenure of office, or compensation of any 
        individual employed in accordance with such methods) as 
        are necessary for the proper and efficient 
        administration of the plan, and, where necessary, 
        provide for the reorganization and reassignment of 
        functions to assure such efficient administration.
          [(5) The plan shall provide that the State agency 
        will afford an opportunity for a hearing upon request 
        to any agency on aging submitting a plan under this 
        title, 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 
        procedures for requesting and conducting such hearing.
          [(6) The plan shall provide that the State agency 
        will make such reports, in such form, and containing 
        such information, as the Assistant Secretary may 
        require, and comply with such requirements as the 
        Assistant Secretary may impose to insure the 
        correctness of such reports.
          [(7)(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, Federal funds paid 
        under this title 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 Act;
                  [(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 Act; and
                  [(iii) mechanisms are in place to identify 
                and remove conflicts of interest prohibited 
                under this Act.
          [(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;
                  [(ii) disclose to the Assistant Secretary--
                          [(I) the identity of each 
                        nongovernmental entity with which the 
                        State agency or area agency on aging 
                        has a contract or commercial 
                        relationship relating to providing any 
                        service to older individuals; and
                          [(II) the nature of such contract or 
                        such relationship;
                  [(iii) demonstrate that a loss or diminution 
                in the quantity or quality of the services 
                provided, or to be provided, under this Act by 
                such agency has not resulted and will not 
                result from such contract or such relationship;
                  [(iv) 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; and
                  [(v) on the request of the Assistant 
                Secretary, for the purpose of monitoring 
                compliance with this Act (including conducting 
                an audit), disclose all sources and 
                expenditures of funds the State agency and area 
                agency on aging receive or expend to provide 
                services to older individuals.
          [(8) The plan shall provide that the State agency 
        will conduct periodic evaluations of, and public 
        hearings on, activities and projects carried out under 
        the State plan, including an evaluation of the 
        effectiveness of the State agency in reaching older 
        individuals with greatest economic need and older 
        individuals with greatest social need, with particular 
        attention to low-income minority individuals. In 
        conducting such evaluations and public hearings, the 
        State agency shall solicit the views and experiences of 
        entities that are knowledgeable about the needs and 
        concerns of low-income minority older individuals.
          [(9) The plan shall provide for establishing and 
        maintaining information and assistance services in 
        sufficient numbers to assure that all older individuals 
        in the State who are not furnished adequate information 
        and assistance services under section 306(a)(4) will 
        have reasonably convenient access to such services.
          [(10) The plan shall provide that no supportive 
        services, nutrition services, or in-home services (as 
        defined in section 342) will be directly provided by 
        the State agency or an area agency on aging, except 
        where, in the judgment of the State agency, provision 
        of such services by the State agency or an area agency 
        on aging is necessary to assure an adequate supply of 
        such services, or where such services are directly 
        related to such State or area agency on aging's 
        administrative functions, or where such services of 
        comparable quality can be provided more economically by 
        such State or area agency on aging.
          [(11) The plan shall provide that subject to the 
        requirements of merit employment systems of State and 
        local governments--
                  [(A) preference shall be given to older 
                individuals; and
                  [(B) special consideration shall be given to 
                individuals with formal training in the field 
                of aging (including an educational specialty or 
                emphasis in aging and a training degree or 
                certificate in aging) or equivalent 
                professional experience in the field of aging;
          [for any staff positions (full time or part time) in 
        State and area agencies for which such individuals 
        qualify.
          [(12) The plan shall provide assurances that the 
        State agency will carry out, through the Office of the 
        State Long-Term Care Ombudsman, a State Long-Term Care 
        Ombudsman program in accordance with section 712 and 
        this title.
          [(13) The plan shall provide with respect to 
        nutrition services that--
                  [(A) each project providing nutrition 
                services will be available to older individuals 
                and to their spouses, and may be made available 
                to handicapped or disabled individuals who have 
                not attained 60 years of age but who reside in 
                housing facilities occupied primarily by older 
                individuals at which congregate nutrition 
                services are provided;
                  [(B) primary consideration shall be given to 
                the provision of meals in a congregate setting, 
                except that each area agency on aging (i) may 
                award funds made available under this title 
                (other than under section 303(b)(3)) to 
                organizations for the provision of home 
                delivered meals to older individuals in 
                accordance with the provisions of subpart 2 of 
                part C, based upon a determination of need made 
                by the recipient of a grant or contract entered 
                into under this title, without requiring that 
                such organizations also provide meals to older 
                individuals in a congregate setting; and (ii) 
                shall, in awarding such funds, select such 
                organizations in a manner which complies with 
                the provisions of subparagraph (H);
                  [(C)(i) each project will permit recipients 
                of grants or contracts to solicit voluntary 
                contributions for meals furnished in accordance 
                with guidelines established by the Assistant 
                Secretary, taking into consideration the income 
                ranges of eligible individuals in local 
                communities and other sources of income of the 
                recipients of a grant or contract; and (ii) 
                such voluntary contributions will be used to 
                increase the number of meals served by the 
                project involved, to facilitate access to such 
                meals, and to provide other supportive services 
                directly related to nutrition services;
                  [(D) in the case of meals served in a 
                congregate setting, a site for such services 
                and for comprehensive supportive services is 
                furnished in as close proximity to the majority 
                of eligible individuals' residences as 
                feasible, with particular attention upon a 
                multipurpose senior center, a school, a church, 
                or other appropriate community facility, 
                preferably within walking distance where 
                possible, and where appropriate, transportation 
                to such site is furnished;
                  [(E) each project will establish outreach 
                activities which assure that the maximum number 
                of eligible individuals may have an opportunity 
                to participate;
                  [(F) each project will establish and 
                administer the nutrition project with the 
                advice of dietitians (or individuals with 
                comparable expertise), persons competent in the 
                field of service in which the nutrition project 
                is being provided, older individuals who will 
                participate in the program, and of persons who 
                are knowledgeable with regard to the needs of 
                older individuals;
                  [(G) each project will provide special menus, 
                where feasible and appropriate to meet the 
                particular dietary needs arising from the 
                health requirements, religious requirements, or 
                ethnic backgrounds of eligible individuals;
                  [(H) each area agency on aging will give 
                consideration where feasible, in the furnishing 
                of home delivered meals to the use of 
                organizations which (i) have demonstrated an 
                ability to provide home delivered meals 
                efficiently and reasonably; and (ii) furnish 
                assurances to the area agency on aging that 
                such an organization will maintain efforts to 
                solicit voluntary support and that the funds 
                made available under this title to the 
                organization will not be used to supplant funds 
                from non-Federal sources;
                  [(I) each area agency on aging shall 
                establish procedures that will allow nutrition 
                project administrators the option to offer a 
                meal, on the same basis as meals are 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 who are eligible 
                under this Act;
                  [(J) each nutrition project shall provide 
                nutrition education on at least a semiannual 
                basis to participants in programs described in 
                part C;
                  [(K) each project shall comply with 
                applicable provisions of State or local laws 
                regarding the safe and sanitary handling of 
                food, equipment, and supplies used in the 
                storage, preparation, service, and delivery of 
                meals to an older individual;
                  [(L) the State agency will monitor, 
                coordinate, and assist in the planning of 
                nutritional services, with the advice of a 
                dietitian or an individual with comparable 
                expertise; and
                  [(M) the State agency will--
                          [(i) develop nonfinancial criteria 
                        for eligibility to receive nutrition 
                        services under section 336; and
                          [(ii) periodically evaluate 
                        recipients of such services to 
                        determine whether they continue to meet 
                        such criteria.
          [(14) The plan shall provide, with respect to the 
        acquisition (in fee simple or by lease for 10 years or 
        more), alteration, or renovation of existing facilities 
        (or the construction of new facilities in any area in 
        which there are no suitable structures available, as 
        determined by the State agency, after full 
        consideration of the recommendations made by area 
        agencies on aging, to be a focal point for the delivery 
        of services assisted under this title) to serve as 
        multipurpose senior centers, that--
                  [(A) the plan contains or is supported by 
                reasonable assurances that (i) for not less 
                than 10 years after acquisition, or not less 
                than 20 years after the completion of 
                construction, the facility will be used for the 
                purpose for which it is to be acquired or 
                constructed, unless for unusual circumstances 
                the Assistant Secretary waives the requirement 
                of this division; (ii) sufficient funds will be 
                available to meet the non-Federal share of the 
                cost of acquisition or construction of the 
                facility; (iii) sufficient funds will be 
                available when acquisition or construction is 
                completed, for effective use of the facility 
                for the purpose for which it is being acquired 
                or constructed; and (iv) the facility will not 
                be used and is not intended to be used for 
                sectarian instruction or as a place for 
                religious worship;
                  [(B) the plan contains or is supported by 
                reasonable assurances that, in the case of 
                purchase or construction, there are no existing 
                facilities in the community suitable for 
                leasing as a multipurpose senior center;
                  [(C) the plans and specifications for the 
                facility are in accordance with regulations 
                relating to minimum standards of construction, 
                promulgated with particular emphasis on 
                securing compliance with the requirements of 
                the Act of August 12, 1968, commonly known as 
                the Architectural Barriers Act of 1968;
                  [(D) the plan contains or is supported by 
                adequate assurance that any laborer or mechanic 
                employed by any contractor or subcontractor in 
                the performance of work on the facility will be 
                paid wages at rates not less than those 
                prevailing for similar work in the locality as 
                determined by the Secretary of Labor in 
                accordance with the Act of March 3, 1931 (40 
                U.S.C. 276a--276a-5, commonly known as the 
                Davis-Bacon Act), and the Secretary of Labor 
                shall have, with respect to the labor standards 
                specified in this subparagraph, the authority 
                and functions set forth in reorganization plan 
                numbered 14 of 1950 (15 F.R. 3176; 64 Stat. 
                1267), and section 2 of the Act of June 13, 
                1934 (40 U.S.C. 276c); and
                  [(E) the plan contains assurances that the 
                State agency will consult with the Secretary of 
                Housing and Urban Development with respect to 
                the technical adequacy of any proposed 
                alteration or renovation.
          [(15) The plan shall provide that with respect to 
        legal assistance--
                  [(A) the plan contains assurances that area 
                agencies on aging will (i) enter into contracts 
                with providers of legal assistance which can 
                demonstrate the experience or capacity to 
                deliver legal assistance; (ii) include in any 
                such contract provisions to assure that any 
                recipient of funds under division (i) will be 
                subject to specific restrictions and 
                regulations promulgated under the Legal 
                Services Corporation Act (other than 
                restrictions and regulations governing 
                eligibility for legal assistance under such Act 
                and governing membership of local governing 
                boards) as determined appropriate by the 
                Assistant Secretary; and (iii) attempt to 
                involve the private bar in legal assistance 
                activities authorized under this title, 
                including groups within the private bar 
                furnishing services to older individuals on a 
                pro bono and reduced fee basis;
                  [(B) the plan contains assurances that no 
                legal assistance will be furnished unless the 
                grantee administers a program designed to 
                provide legal assistance to older individuals 
                with social or economic need and has agreed, if 
                the grantee is not a Legal Services Corporation 
                project grantee, to coordinate its services 
                with existing Legal Services Corporation 
                projects in the planning and service area in 
                order to concentrate the use of funds provided 
                under this title on individuals with the 
                greatest such need; and the area agency on 
                aging makes a finding, after assessment, 
                pursuant to standards for service promulgated 
                by the Assistant Secretary, that any grantee 
                selected is the entity best able to provide the 
                particular services;
                  [(C) the State agency will provide for the 
                coordination of the furnishing of legal 
                assistance to older individuals within the 
                State, and provide advice and technical 
                assistance in the provision of legal assistance 
                to older individuals within the State and 
                support the furnishing of training and 
                technical assistance for legal assistance for 
                older individuals;
                  [(D) the plan contains assurances, 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; and
                  [(E) the plan contains assurances that area 
                agencies on aging will give priority to legal 
                assistance related to income, health care, 
                long-term care, nutrition, housing, utilities, 
                protective services, defense of guardianship, 
                abuse, neglect, and age discrimination.
          [(16) The plan shall provide, whenever the State 
        desires to provide for a fiscal year for services for 
        the prevention of abuse of older individuals--
                  [(A) the plan contains assurances that any 
                area agency on aging carrying out such services 
                will conduct a program consistent with relevant 
                State law and coordinated with existing State 
                adult protective service activities for--
                          [(i) public education to identify and 
                        prevent abuse of older individuals;
                          [(ii) receipt of reports of abuse of 
                        older individuals;
                          [(iii) active participation of older 
                        individuals participating in programs 
                        under this Act through outreach, 
                        conferences, and referral of such 
                        individuals to other social service 
                        agencies or sources of assistance where 
                        appropriate and consented to by the 
                        parties to be referred; and
                          [(iv) referral of complaints to law 
                        enforcement or public protective 
                        service agencies where appropriate;
                  [(B) the State will not permit involuntary or 
                coerced participation in the program of 
                services described in this paragraph by alleged 
                victims, abusers, or their households; and
                  [(C) all information gathered in the course 
                of receiving reports and making referrals shall 
                remain confidential unless all parties to the 
                complaint consent in writing to the release of 
                such information, except that such information 
                may be released to a law enforcement or public 
                protective service agency.
          [(17) The plan shall provide assurances that each 
        State will provide inservice training opportunities for 
        personnel of agencies and programs funded under this 
        Act.
          [(18) The plan shall provide assurances that each 
        State will assign personnel (one of whom shall be known 
        as a legal assistance developer) to provide State 
        leadership in developing legal assistance programs for 
        older individuals throughout the State.
          [(19) The plan shall provide, with respect to 
        education and training services, assurances that area 
        agencies on aging may enter into grants and contracts 
        with providers of education and training services which 
        can demonstrate the experience or capacity to provide 
        such services (except that such contract authority 
        shall be effective for any fiscal year only to such 
        extent, or in such amounts, as are provided in 
        appropriations Acts).
          [(20) The plan shall provide assurances that, if a 
        substantial number of the older individuals residing in 
        any planning and service area in the State are of 
        limited English-speaking ability, then the State will 
        require the area agency on aging for each such planning 
        and service area--
                  [(A) to utilize in the delivery of outreach 
                services under section 306(a)(2)(A), the 
                services of workers who are fluent in the 
                language spoken by a predominant number of such 
                older individuals who are of limited English-
                speaking ability; and
                  [(B) to designate an individual employed by 
                the area agency on aging, or available to such 
                area agency on aging on a full-time basis, 
                whose responsibilities will include--
                          [(i) taking such action as may be 
                        appropriate to assure that counseling 
                        assistance is made available to such 
                        older individuals who are of limited 
                        English-speaking ability in order to 
                        assist such older individuals in 
                        participating in programs and receiving 
                        assistance under this Act; and
                          [(ii) providing guidance to 
                        individuals engaged in the delivery of 
                        supportive services under the area plan 
                        involved to enable such individuals to 
                        be aware of cultural sensitivities and 
                        to take into account effectively 
                        linguistic and cultural differences.
          [(21) The plan shall provide assurances that the 
        State agency, in carrying out the State Long-Term Care 
        Ombudsman program under section 307(a)(12), will expend 
        not less than the total amount expended by the agency 
        in fiscal year 1991 in carrying out such a program 
        under this title.
          [(22) The plan shall specify a minimum percentage of 
        the funds received by each area agency on aging for 
        part B that will be expended, in the absence of the 
        waiver granted under section 306(b)(1), by such area 
        agency on aging to provide each of the categories of 
        services specified in section 306(a)(2).
          [(23) The plan shall, with respect to the fiscal year 
        preceding the fiscal year for which such plan is 
        prepared--
                  [(A) identify the number of low-income 
                minority older individuals in the State; and
                  [(B) describe the methods used to satisfy the 
                service needs of such minority older 
                individuals.
          [(24) The plan shall provide assurances that the 
        State agency will require outreach efforts that will--
                  [(A) identify individuals eligible for 
                assistance under this Act, 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 
                        individuals);
                          [(iii) older individuals with 
                        greatest social need (with particular 
                        attention to low-income minority 
                        individuals);
                          [(iv) older individuals with severe 
                        disabilities;
                          [(v) older individuals with limited 
                        English-speaking ability; and
                          [(vi) older individuals with 
                        Alzheimer's disease or related 
                        disorders with neurological and organic 
                        brain dysfunction (and the caretakers 
                        of such individuals); and
                  [(B) inform the older individuals referred to 
                in clauses (i) through (vi) of subparagraph 
                (A), and the caretakers of such individuals, of 
                the availability of such assistance.
          [(25) The plan shall provide, with respect to the 
        needs of older individuals with severe disabilities, 
        assurances that the State will coordinate planning, 
        identification, assessment of needs, and service for 
        older individuals with disabilities with particular 
        attention to individuals with severe disabilities with 
        the State agencies with primary responsibility for 
        individuals with disabilities, including severe 
        disabilities, and develop collaborative programs, where 
        appropriate, to meet the needs of older individuals 
        with disabilities.
          [(26) 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 306(a)(6)(I), 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.
          [(27) The plan shall provide assurances of 
        consultation and coordination in planning and provision 
        of in-home services under section 341 with State and 
        local agencies and private nonprofit organizations 
        which administer and provide services relating to 
        health, social services, rehabilitation, and mental 
        health services.
          [(28) The plan shall provide assurances that if the 
        State receives funds appropriated under section 303(e), 
        the State agency and area agencies on aging will expend 
        such funds to carry out part E.
          [(29) The plan shall, with respect to the fiscal year 
        preceding the fiscal year for which such plan is 
        prepared, describe the methods used to satisfy the 
        service needs of older individuals who reside in rural 
        areas.
          [(30) The plan shall include the assurances and 
        description required by section 705(a).
          [(31)(A) If 50 percent or more of the area plans in 
        the State provide for an area volunteer services 
        coordinator, as described in section 306(a)(12), the 
        State plan shall provide for a State volunteer services 
        coordinator, who shall--
                  [(i) encourage area agencies on aging to 
                provide for area volunteer services 
                coordinators;
                  [(ii) coordinate the volunteer services 
                offered between the various area agencies on 
                aging;
                  [(iii) encourage, organize, and promote the 
                use of older individuals as volunteers to the 
                State;
                  [(iv) provide technical assistance, which may 
                include training, to area volunteer services 
                coordinators; and
                  [(v) promote the recognition of the 
                contribution made by volunteers to the programs 
                administered under the State plan.
          [(B) If fewer than 50 percent of the area plans in 
        the State provide for an area volunteer services 
        coordinator, the State plan may provide for the State 
        volunteer services coordinator described in 
        subparagraph (A).
          [(32) The plan shall provide assurances that special 
        efforts will be made to provide technical assistance to 
        minority providers of services.
          [(33) The plan--
                  [(A) shall include the statement and the 
                demonstration required by paragraphs (2) and 
                (4) of section 305(d); and
                  [(B) may not be approved unless the Assistant 
                Secretary approves such statement and such 
                demonstration.
          [(34) The plan shall provide an assurance that the 
        State agency will coordinate programs under this title 
        and title VI, if applicable.
          [(35) The plan shall--
                  [(A) provide an assurance that the State 
                agency will pursue activities to increase 
                access by older individuals who are Native 
                Americans to all aging programs and benefits 
                provided by the agency, including programs and 
                benefits under this title, if applicable; and
                  [(B) specify the ways in which the State 
                agency intends to implement the activities.
          [(36) If case management services are offered to 
        provide access to supportive services, the plan shall 
        provide that the State agency shall ensure compliance 
        with the requirements specified in section 306(a)(20).
          [(37) The plan shall identify for each fiscal year, 
        the actual and projected additional costs of providing 
        services under this title, including the cost of 
        providing access to such services, to older individuals 
        residing in rural areas in the State (in accordance 
        with a standard definition of rural areas specified by 
        the Assistant Secretary).
          [(38) The plan shall provide assurances that funds 
        received under this title 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 carried out to implement this title.
          [(39) The plan shall provide assurances that 
        preference in receiving services under this title 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 this title.
          [(40) The plan shall provide assurances that if the 
        State receives funds appropriated under section 303(g) 
        the State agency and area agencies on aging will expend 
        such funds to carry out part G.
          [(41) The plan shall provide assurances that 
        demonstrable efforts will be made--
                  [(A) to coordinate services provided under 
                this Act 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 child care, 
                youth day care, educational assistance, at-risk 
                youth intervention, juvenile delinquency 
                treatment, and family support programs.
          [(42) The plan shall provide assurances that the 
        State will coordinate public services within the State 
        to assist older individuals to obtain transportation 
        services associated with access to services provided 
        under this title, to services under title VI, to 
        comprehensive counseling services, and to legal 
        assistance.
          [(43) The plan shall provide that the State agency 
        shall issue guidelines applicable to grievance 
        procedures required by section 306(a)(6)(P).
          [(44) The plan shall include assurances that the 
        State has in effect a mechanism to provide for quality 
        in the provision of in-home services under this title.
  [(b)(1) The Assistant Secretary shall approve any State plan 
which the Assistant Secretary finds fulfills the requirements 
of subsection (a), except the Assistant Secretary may not 
approve such plan unless the Assistant Secretary determines 
that the formula submitted under section 305(a)(2)(D) complies 
with the guidelines in effect under section 305(a)(2)(C).
  [(2) The Assistant Secretary, in approving any State plan 
under this section, may waive the requirement described in 
paragraph (3)(B) of subsection (a) if the State agency 
demonstrates to the Assistant Secretary that the service needs 
of older individuals residing in rural areas in the State are 
being met, or that the number of older individuals residing in 
such rural areas is not sufficient to require the State agency 
to comply with such requirement.
  [(c)(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 305, 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) 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). For purposes of 
appellate review under the preceding sentence, a reference in 
subsection (e) to the Assistant Secretary shall be deemed to be 
a reference to the Secretary.
  [(d) Whenever the Assistant Secretary, after reasonable 
notice and opportunity for a hearing to the State agency, finds 
that--
          [(1) the State is not eligible under section 305,
          [(2) the State plan has been so changed that it no 
        longer complies substantially with the provisions of 
        subsection (a), or
          [(3) in the administration of the plan there is a 
        failure to comply substantially with any such provision 
        of subsection (a),
the Assistant Secretary shall notify such State agency that no 
further payments from its allotments under section 304 and 
section 308 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 such State from its allotments under 
section 304 and section 308 (or payments shall be limited to 
projects under or portions of the State plan not affected by 
such failure). The Assistant Secretary shall, in accordance 
with regulations the Assistant Secretary shall prescribe, 
disburse the funds so withheld directly to any public or 
nonprofit private organization or agency or political 
subdivision of such State submitting an approved plan in 
accordance with the provisions of this section. Any such 
payment shall be matched in the proportions specified in 
section 304.
  [(e)(1) A State which 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)(1) Neither a State, nor a State agency, may require any 
provider of legal assistance under this title to reveal any 
information that is protected by the attorney-client privilege.
  [(2) Information disclosed under section 306(a)(14)(B)(i) or 
subsection (a)(7)(C)(ii)(I) may be disclosed to the public by 
the State agency or the State only if such information could be 
disclosed under section 552 of title 5, United States Code, by 
an agency of the United States.

 [planning, coordination, evaluation, and administration of state plans

  [Sec. 308. (a)(1) Amounts available to States under 
subsection (b)(1) may be used to make grants to States for 
paying such percentages as each State agency determines, but 
not more than 75 percent, of the cost of the administration of 
its State plan, including the preparation of the State plan, 
the evaluation of activities carried out under such plan, the 
collection of data and the carrying out of analyses related to 
the need for supportive services, nutrition services, and 
multipurpose senior centers within the State, and dissemination 
of information so obtained, the provision of short-term 
training to personnel of public or nonprofit private agencies 
and organizations engaged in the operation of programs 
authorized by this Act, and the carrying out of demonstration 
projects of statewide significance relating to the initiation, 
expansion, or improvement of services assisted under this 
title.
  [(2) Any sums available to a State under subsection (b)(1) 
for part of the cost of the administration of its State plan 
which the State determines is not needed for such purposes may 
be used by the State to supplement the amount available under 
section 304(d)(1)(A) to cover part of the cost of the 
administration of area plans.
  [(3) Any State which has been designated a single planning 
and service area under section 305(a)(1)(E) covering all, or 
substantially all, of the older individuals in such 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 sums received under this section or out of sums made 
available for the administration of area plans under section 
304(d)(1)(A), but shall not pay such costs out of sums received 
or allotted under both such sections.
  [(b)(1) If for any fiscal year the aggregate amount 
appropriated under section 303 does not exceed $800,000,000, 
then--
          [(A) except as provided in clause (ii), the greater 
        of 5 percent of the allotment to a State under section 
        304(a)(1) or $300,000; and
          [(B) in the case of Guam, American Samoa, the United 
        States Virgin Islands, the Trust Territory of the 
        Pacific Islands, and the Commonwealth of the Northern 
        Mariana Islands, the greater of 5 percent of such 
        allotment or $75,000;
shall be available to such State to carry out the purposes of 
this section.
  [(2) If for any fiscal year the aggregate amount appropriated 
under section 303 exceeds $800,000,000, then--
          [(A) except as provided in clause (ii), the greater 
        of 5 percent of the allotment to a State under section 
        304(a)(1) or $500,000; and
          [(B) in the case of Guam, American Samoa, the United 
        States Virgin Islands, the Trust Territory of the 
        Pacific Islands, and the Commonwealth of the Northern 
        Mariana Islands, the greater of 5 percent of such 
        allotment or $100,000;
shall be available to such State to carry out the purposes of 
this section.
  [(3)(A) If the aggregate amount appropriated under section 
303 for a fiscal year does not exceed $800,000,000, then any 
State which desires to receive amounts, in addition to amounts 
allotted to such State under paragraph (1), to be used in the 
administration of its State plan in accordance with subsection 
(a) may transmit an application to the Assistant Secretary in 
accordance with this paragraph. Any such application shall be 
transmitted in such form, and according to such procedures, as 
the Assistant Secretary may require, except that such 
application may not be made as part of, or as an amendment to, 
the State plan.
  [(B) The Assistant Secretary may approve any application 
transmitted by a State under subparagraph (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 and projects authorized by this title unless 
        such additional amounts 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 305(a)(2)(A) in the administration of its State 
        plan in accordance with subsection (a); and
          [(iii) the State agency and area agencies on aging of 
        such State are carrying out, on a full-time basis, 
        programs and activities which are in furtherance of the 
        objectives of this Act.
  [(C) The Assistant Secretary may approve that portion of the 
amount requested by a State in its application under 
subparagraph (A) which the Assistant Secretary determines has 
been justified in such application.
  [(D) Amounts which any State may receive in any fiscal year 
under this paragraph may not exceed three-fourths of 1 percent 
of the sum of the amounts allotted under section 304(a) to such 
State to carry out the State plan for such fiscal year.
  [(E) No application by a State under subparagraph (A) shall 
be approved unless it contains assurances that no amounts 
received by the State under this paragraph 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 paragraph.
  [(4)(A) Notwithstanding any other provision of this title and 
except as provided in subparagraph (B), with respect to funds 
received by a State and attributable to funds appropriated 
under paragraph (1) or (2) of section 303(b), the State may 
elect in its plan under section 307(a)(13) regarding part C of 
this title, to transfer not more than 30 percent of the funds 
so received between subpart 1 and subpart 2 of part C, for use 
as the State considers appropriate to meet the needs of the 
area served. The Assistant Secretary shall approve any such 
transfer unless the Assistant Secretary determines that such 
transfer is not consistent with the objectives of this Act.
  [(B) If a State demonstrates, to the satisfaction of the 
Assistant Secretary, that funds received by the State and 
attributable to funds appropriated under paragraph (1) or (2) 
of section 303(b), including funds transferred under 
subparagraph (A) without regard to this subparagraph, for 
fiscal year 1993, 1994, 1995, or 1996 are insufficient to 
satisfy the need for services under subpart 1 or subpart 2 of 
part C, then the Assistant Secretary may grant a waiver that 
permits the State to transfer under subparagraph (A) to satisfy 
such need--
          [(i) an additional 18 percent of the funds so 
        received for fiscal year 1993;
          [(ii) an additional 15 percent of the funds so 
        received for each of the fiscal years 1994 and 1995; 
        and
          [(iii) an additional 10 percent of the funds so 
        received for fiscal year 1996.
  [(5)(A) Notwithstanding any other provision of this title and 
except as provided in subparagraph (B), of the funds received 
by a State attributable to funds appropriated under subsection 
(a)(1), and paragraphs (1) and (2) of subsection (b), of 
section 303, the State may elect to transfer not more than 30 
percent for fiscal year 1993, not more than 25 percent for 
fiscal year 1994, not more than 25 percent for fiscal year 
1995, and not more than 20 percent for fiscal year 1996, 
between programs under part B and part C, for use as the State 
considers appropriate. The State shall notify the Assistant 
Secretary of any such election.
  [(B)(i) If a State demonstrates, to the satisfaction of the 
Assistant Secretary, that funds received by the State and 
attributable to funds appropriated under part B or part C 
(including funds transferred under subparagraph (A) without 
regard to this subparagraph) for fiscal year 1994 or 1995 are 
insufficient to satisfy the need for services under such part, 
then the Assistant Secretary may grant a waiver that permits 
the State to transfer under subparagraph (A) to satisfy such 
need an additional 5 percent of the funds so received for such 
fiscal year.
  [(ii) If a State demonstrates, to the satisfaction of the 
Assistant Secretary, that funds received by the State and 
attributable to funds appropriated under part B or part C 
(including funds transferred under subparagraph (A) without 
regard to this subparagraph) for fiscal year 1996 are 
insufficient to satisfy the need for services under such part, 
then the Assistant Secretary may grant a waiver that permits 
the State to transfer under subparagraph (A) to satisfy such 
need an additional 8 percent of the funds so received for such 
fiscal year.
  [(C) At a minimum, the application described in subparagraph 
(A) 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.
  [(6) A State agency may not delegate to an area agency on 
aging or any other entity the authority to make a transfer 
under paragraph (4)(A) or (5)(A).
  [(7) The Assistant Secretary shall annually collect, and 
include in the report required by section 207(a), data 
regarding the transfers described in paragraphs (4)(A) and 
(5)(A), including--
          [(A) the amount of funds involved in the transfers, 
        analyzed by State;
          [(B) the rationales for the transfers;
          [(C) in the case of transfers described in paragraphs 
        (4)(A) and (5)(A), the effect of the transfers of the 
        provision of services, including the effect on the 
        number of meals served, under--
                  [(i) subpart 1 of part C; and
                  [(ii) subpart 2 of part C; and
          [(D) in the case of transfers described in paragraph 
        (5)(A)--
                  [(i) in the case of transfers to part B, 
                information on the supportive services, or 
                services provided through senior centers, for 
                which the transfers were used; and
                  [(ii) the effect of the transfers on the 
                provision of services provided under--
                          [(I) part B; and
                          [(II) part C, including the effect on 
                        the number of meals served.
  [(c) The amounts of any State's allotment under subsection 
(b) for any fiscal year which the Assistant Secretary 
determines will not be required for that year for the purposes 
described in subsection (a)(1) shall be available to provide 
services under part B or part C, or both, in the State.

                               [payments

  [Sec. 309. (a) Payments of grants or contracts under this 
title 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. From a State's allotment for 
a fiscal year which is available under section 308 the 
Assistant Secretary may pay to a State which does not have a 
State plan approved under section 307 such amounts as the 
Assistant Secretary deems appropriate for the purpose of 
assisting such State in developing a State plan.
  [(b)(1) For each fiscal year, not less than 25 percent of the 
non-Federal share of the total expenditures under the State 
plan which is required by section 304(d) shall be met from 
funds from State or local public sources.
  [(2) Funds required to meet the non-Federal share required by 
section 304(d)(1)(D), in amounts exceeding the non-Federal 
share required prior to fiscal year 1981, shall be from State 
sources.
  [(c) A State's allotment under section 304 for a fiscal year 
shall be reduced by the percentage (if any) by which its 
expenditures for such year from State sources under its State 
plan approved under section 307 are less than its average 
annual expenditures from such sources for the period of 3 
fiscal years preceding such year.

                    [disaster relief reimbursements

  [Sec. 310. (a)(1) The Assistant Secretary may provide 
reimbursements to any State, upon application for such 
reimbursement, for funds such State 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 under paragraph (1) in any 
fiscal year shall not exceed 2 percent of the total amount 
appropriated and available to carry out title IV.
  [(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, then the Assistant Secretary shall 
provide not less than 75 percent of such amount to such State 
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 under 
subsection (a), an amount equal to 2 percent of the total 
amount appropriated and available to carry out title IV.
  [(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 IV.
  [(c) Nothing in this section shall be construed to prohibit 
expenditures by States 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.

                  [availability of surplus commodities

  [Sec. 311. (a)(1) Agricultural commodities and products 
purchased by the Secretary of Agriculture under section 32 of 
the Act of August 24, 1935 (7 U.S.C. 612c), shall be donated to 
a recipient of a grant or contract to be used for providing 
nutrition services in accordance with the provisions of this 
title.
  [(2) The Commodities Credit Corporation shall dispose of food 
commodities under section 416 of the Agricultural Act of 1949 
(7 U.S.C. 1431) by donating them to a recipient of a grant or 
contract to be used for providing nutrition services in 
accordance with the provisions of this title.
  [(3) Dairy products purchased by the Secretary of Agriculture 
under section 709 of the Food and Agriculture Act of 1965 (7 
U.S.C. 1446a-1) shall be used to meet the requirements of 
programs providing nutrition services in accordance with the 
provisions of this title.
  [(4)(A) Subject to the authorization of appropriations 
specified in subsection (c), in donating commodities under this 
subsection, the Secretary of Agriculture shall maintain--
          [(i) for fiscal year 1992, a level of assistance 
        equal to the greater of--
                  [(I) a per meal rate equal to the amount 
                appropriated under subsection (c) for fiscal 
                year 1992, divided by the number of meals 
                served in the preceding fiscal year; or
                  [(II) 61 cents per meal; and
          [(ii) for fiscal year 1993 and each subsequent fiscal 
        year, an annually programmed level of assistance equal 
        to the greater of--
                  [(I) a per meal rate equal to the amount 
                appropriated under subsection (c) for the 
                fiscal year, divided by the number of meals 
                served in the preceding fiscal year; or
                  [(II) 61 cents per meal, adjusted in 
                accordance with changes in the series for food 
                away from home, of the Consumer Price Index For 
                All Urban Consumers, published by the Bureau of 
                Labor Statistics of the Department of Labor, 
                based on the 12-month period ending on July 1 
                of the preceding year.
  [(B) Among the commodities delivered under this subsection, 
the Secretary shall give special emphasis to high protein 
foods, meat, and meat alternates. The Secretary of Agriculture, 
in consultation with the Assistant Secretary for Aging, is 
authorized to prescribe the terms and conditions respecting the 
donating of commodities under this subsection.
  [(b)(1) Notwithstanding any other provision of law, a State 
may, for purposes of the programs authorized by this Act, elect 
to receive cash payments in lieu of donated foods for all or 
any portion of its project. In any case in which a State makes 
such an election, the Secretary of Agriculture shall make cash 
payments to such State in an amount equivalent in value to the 
donated foods which the State otherwise would have received if 
such State had retained its commodity distribution.
  [(2) When such payments are made, the State agency shall 
promptly and equitably disburse any cash it receives in lieu of 
commodities to recipients of grants or contracts. Such 
disbursements shall only be used by such recipients of grants 
or contracts to purchase United States agricultural commodities 
and other foods for their nutrition projects.
  [(3) Nothing in this subsection shall be construed to 
authorize the Secretary of Agriculture to require any State to 
elect to receive cash payments under this subsection.
  [(c)(1)(A) There are authorized to be appropriated 
$250,000,000 for fiscal year 1992, $310,000,000 for fiscal year 
1993, $380,000,000 for fiscal year 1994, and $460,000,000 for 
fiscal year 1995, to carry out the provisions of this section 
(other than subsection (a)(1)).
  [(B) Effective on the first day of the first month beginning 
after the date of enactment of the Older Americans Act 
Amendments of 1984, no State may receive reimbursement under 
the provisions of this section unless the State submits final 
reimbursement claims for meals within 90 days after the last 
day of the quarter for which the reimbursement is claimed.
  [(2)(A) Except as provided in subparagraph (B), in any fiscal 
year in which compliance with subsection (a)(4) of this section 
costs more than the amounts authorized under paragraph (1) of 
this subsection for that fiscal year the Secretary of 
Agriculture shall reduce the cents per meal level determined 
pursuant to subsection (a)(4) for that fiscal year as necessary 
to meet the authorization of appropriations for that fiscal 
year.
  [(B) In each fiscal year, the final reimbursement claims 
shall be adjusted to use the full amount appropriated under 
this subsection for the fiscal year.
  [(d) In each fiscal year, the Secretary of Agriculture and 
the Secretary of Health and Human Services shall jointly 
disseminate to State agencies, area agencies on aging, and 
providers of nutrition services assisted under this title, 
information concerning--
          [(1) the existence of any Federal commodity 
        processing program in which such State agencies, area 
        agencies on aging, and providers may be eligible to 
        participate; and
          [(2) the procedures to be followed to participate in 
        the program.

          [multipurpose senior centers: recapture of payments

  [Sec. 312. If, within 10 years after acquisition, or within 
20 years after the completion of construction, of any facility 
for which funds have been paid under this title--
          [(1) the owner of the facility ceases to be a public 
        or nonprofit private agency or organization; or
          [(2) the facility ceases to be used for the purposes 
        for which it was acquired (unless the Assistant 
        Secretary determines, in accordance with regulations, 
        that there is good cause for releasing the applicant or 
        other owner from the obligation to do so);
the United States shall be entitled to recover from the 
applicant or other owner of the facility an amount which bears 
to the then value of the facility (or so much thereof as 
constituted an approved project or projects) the same ratio as 
the amount of such Federal funds bore to the cost of the 
facility financed with the aid of such
funds. Such value shall be determined by agreement of the 
parties or by action brought in the United States district 
court for the district in which such facility is situated.

                                 audit

  [Sec. 313. (a) The Assistant Secretary and the Comptroller 
General of the United States or any of their duly authorized 
representatives shall have access for the purpose of audit and 
examination to any books, documents, papers, and records that 
are pertinent to a grant or contract received under this title.
  [(b) State agencies and area agencies on aging shall not 
request information or data from providers which is not 
pertinent to services furnished pursuant to this Act or a 
payment made for such services.

[SEC. 314. RIGHTS RELATING TO IN-HOME SERVICES FOR FRAIL OLDER 
                    INDIVIDUALS.

  [The Assistant Secretary shall require entities that provide 
in-home services under this title to promote the rights of each 
older individual who receives such services. Such rights 
include the following:
          [(1) The right--
                  [(A) to be fully informed in advance about 
                each in-home service provided by such entity 
                under this title and about any change in such 
                service that may affect the well-being of such 
                individual; and
                  [(B) to participate in planning and changing 
                an in-home service provided under this title by 
                such entity unless such individual is 
                judicially adjudged incompetent.
          [(2) The right to voice a grievance with respect to 
        such service that is or fails to be so provided, 
        without discrimination or reprisal as a result of 
        voicing such grievance.
          [(3) The right to confidentiality of records relating 
        to such individual.
          [(4) The right to have the property of such 
        individual treated with respect.
          [(5) The right to be fully informed (orally and in 
        writing), in advance of receiving an in-home service 
        under this title, of such individual's rights and 
        obligations under this title.

            [Part B--Supportive Services and Senior Centers

                          [program authorized

  [Sec. 321. (a) The Assistant Secretary shall carry out a 
program for making grants to States under State plans approved 
under section 307 for any of the following supportive services:
          [(1) health (including mental health), education and 
        training, welfare, informational, recreational, 
        homemaker, counseling, or referral services;
          [(2) transportation services to facilitate access to 
        supportive services or nutrition services, or both;
          [(3) 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 
        title;
          [(4) 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 who have 
        physical 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);
          [(5) services designed to assist older individuals in 
        avoiding institutionalization and to assist individuals 
        in long-term care institutions who are able to return 
        to their communities, including client assessment 
        through case management and integration and 
        coordination of community services such as 
        preinstitution evaluation and screening and home health 
        services, homemaker services, shopping services, escort 
        services, reader services, and letter writing services, 
        through resource development and management to assist 
        such individuals to live independently in a home 
        environment;
          [(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, 
        exercise, music therapy, art therapy, and dance-
        movement therapy;
          [(8) services designed to provide health screening to 
        detect or prevent illnesses, or both, that occur most 
        frequently in older individuals;
          [(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 at the State level 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 which 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 
        workers, including job and second career counseling 
        and, where appropriate, job development, referral, and 
        placement;
          [(13) crime prevention services and victim assistance 
        programs for older individuals;
          [(14) a program, to be known as ``Senior 
        Opportunities and Services'', designed to identify and 
        meet the needs of low-income older individuals in one 
        or more of the following areas: (A) development and 
        provision of new volunteer services; (B) effective 
        referral to existing health, employment, housing, 
        legal, consumer, transportation, and other services; 
        (C) stimulation and creation of additional services and 
        programs to remedy gaps and deficiencies in presently 
        existing services and programs; and (D) such other 
        services as the Assistant Secretary may determine are 
        necessary or especially appropriate to meet the needs 
        of low-income older individuals and to assure them 
        greater self-sufficiency;
          [(15) services for the prevention of abuse of older 
        individuals in accordance with chapter 3 of subtitle A 
        of title VII and section 307(a)(16);
          [(16) inservice training and State leadership for 
        legal assistance activities;
          [(17) health and nutrition education services, 
        including information concerning prevention, diagnosis, 
        treatment, and rehabilitation of age-related diseases 
        and chronic disabling conditions;
          [(18) services designed to enable mentally impaired 
        older individuals to attain and maintain emotional 
        well-being and independent living through a coordinated 
        system of support services;
          [(19) services designed to support family members and 
        other persons providing voluntary care to older 
        individuals that need long-term care services;
          [(20) 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;
          [(21) 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; or
          [(22) any other services;
if such services meet standards prescribed by the Assistant 
Secretary and are necessary for the general welfare of older 
individuals. For purposes of paragraph (5), the term ``client 
assessment through case management'' includes providing 
information relating to assistive technology.
  [(b)(1) The Assistant Secretary shall carry out a program for 
making grants to States under State plans approved under 
section 307 for the acquisition, alteration, or renovation of 
existing facilities, including mobile units, and, where 
appropriate, construction of facilities to serve as 
multipurpose senior centers.
  [(2) Funds made available to a State under this part may be 
used for the purpose of assisting in the operation of 
multipurpose senior centers and meeting all or part of the 
costs of compensating professional and technical personnel 
required for the operation of multipurpose senior centers.

                       [Part C--Nutrition Service

               [Subpart 1--Congregate Nutrition Services

                          [program authorized

  [Sec. 331. The Assistant Secretary shall carry out a program 
for making grants to States under State plans approved under 
section 307 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; 
        and
          [(3) which may include nutrition education services 
        and other appropriate nutrition services for older 
        individuals.

             [Subpart 2--Home Delivered Nutrition Services

                          [program authorized

  [Sec. 336. The Assistant Secretary shall carry out a program 
for making grants to States under State plans approved under 
section 307 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.

                               [criteria

  [Sec. 337. The Assistant Secretary, in consultation with 
organizations of and for the aged, blind, and disabled, and 
with representatives from the American Dietetic Association, 
the Dietary Managers Association, the National Association of 
Area Agencies on Aging, the National Association of Nutrition 
and Aging Services Programs, the National Association of Meals 
Programs, Incorporated, and any other appropriate group, shall 
develop minimum criteria of efficiency and quality for the 
furnishing of home delivered meal services for projects 
described in section 336. The criteria required by this section 
shall take into account the ability of established home 
delivered meals programs to continue such services without 
major alteration in the furnishing of such services.

  [Subpart 3--School-Based Meals for Volunteer Older Individuals and 
                       Multigenerational Programs

[SEC. 338. ESTABLISHMENT.

  [(a) In General.--The Assistant Secretary shall establish and 
carry out, under State plans approved under section 307, a 
program for making grants to States to pay for the Federal 
share of establishing and operating projects in public 
elementary and secondary schools (including elementary and 
secondary schools for Indian children operated with Federal 
assistance, or operated by the Department of the Interior, and 
referred to in section 1005(d)(2) of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 2711(d)(2)) that--
          [(1) provide hot meals, each of which ensures a 
        minimum of one-third of the daily recommended dietary 
        allowances as established by the Food and Nutrition 
        Board of the National Research Council of the National 
        Academy of Sciences, to volunteer older individuals--
                  [(A) while such schools are in session;
                  [(B) during the summer; and
                  [(C) unless waived by the State involved, on 
                the weekdays in the school year when such 
                schools are not in session;
          [(2) provide multigenerational activities in which 
        volunteer older individuals and students interact;
          [(3) provide social and recreational activities for 
        volunteer older individuals;
          [(4) develop skill banks that maintain and make 
        available to school officials information on the skills 
        and preferred activities of volunteer older 
        individuals, for purposes of providing opportunities 
        for such individuals to serve as tutors, teacher aides, 
        living historians, special speakers, playground 
        supervisors, lunchroom assistants, and in other roles; 
        and
          [(5) provide opportunities for volunteer older 
        individuals to participate in school activities (such 
        as classes, dramatic programs, and assemblies) and use 
        school facilities.
  [(b) Federal Share.--The Federal share of the cost of 
establishing and operating nutrition and multigenerational 
activities projects under this subpart shall be 85 percent.

[SEC. 338A. APPLICATION AND SELECTION OF PROVIDERS.

  [(a) Contents of Application.--To be eligible to carry out a 
project under the program established under this subpart, an 
entity shall submit an application to a State agency. Such 
application shall include--
          [(1) a plan describing the project proposed by the 
        applicant and comments on such plan from the 
        appropriate area agency on aging and the appropriate 
        local educational agency (as defined in section 14101 
        of the Elementary and Secondary Education Act of 1965);
          [(2) an assurance that the entity shall pay not more 
        than 85 percent of the cost of carrying out such 
        project from funds awarded under this subpart;
          [(3) an assurance that the entity shall pay not less 
        than 15 percent of such cost, in cash or in kind, from 
        non-Federal sources;
          [(4) information demonstrating the need for such 
        project, including a description of--
                  [(A) the nutrition services and other 
                services currently provided under this part in 
                the geographic area to be served by such 
                project; and
                  [(B) the manner in which the project will be 
                coordinated with such services; and
          [(5) such other information and assurances as the 
        Assistant Secretary may require by regulation.
  [(b) Selection Among Applicants.--In selecting grant 
recipients from among entities that submit applications under 
subsection (a) for a fiscal year, the State agency shall--
          [(1) give first priority to entities that carried out 
        a project under this subpart in the preceding fiscal 
        year;
          [(2) give second priority to entities that carried 
        out a nutrition project under subpart 1 or title VI in 
        the preceding fiscal year; and
          [(3) give third priority to entities whose 
        applications include a plan that involves a school with 
        greatest need (as measured by the dropout rate, the 
        level of substance abuse, and the number of children 
        who have limited-English proficiency or who participate 
        in programs under section 1114 of the Elementary and 
        Secondary Education Act of 1965).

[SEC. 338B. REPORTS.

  [(a) Reports by States.--Not later than 60 days after the end 
of a fiscal year for which a State receives a grant under this 
subpart, such State shall submit to the Assistant Secretary a 
report evaluating the projects carried out under this subpart 
by such State in such fiscal year. Such report shall include 
for each project--
          [(1) a description of--
                  [(A) persons served;
                  [(B) multigenerational activities carried 
                out; and
                  [(C) additional needs of volunteer older 
                individuals and students; and
          [(2) recommendations for any appropriate 
        modifications to satisfy the needs described in 
        paragraph (1)(C).
  [(b) Reports by Assistant Secretary.--Not later than 120 days 
after the end of a fiscal year for which funds are appropriated 
to carry out this subpart, the Assistant Secretary shall submit 
to the Speaker of the House of Representatives and the 
President pro tempore of the Senate a report summarizing, with 
respect to each State, the reports submitted under subsection 
(a) for such fiscal year.

                     [Subpart 4--General Provisions

[SEC. 339. COMPLIANCE WITH DIETARY GUIDELINES.

  [A State that establishes and operates a nutrition project 
under this part shall ensure that the meals provided through 
the project--
          [(1) comply with the Dietary Guidelines for 
        Americans, published by the Secretary and the Secretary 
        of Agriculture; and
          [(2) provide to each participating older individual--
                  [(A) a minimum of 33\1/3\ percent of the 
                daily recommended dietary allowances as 
                established by the Food and Nutrition Board of 
                the National Research Council of the National 
                Academy of Sciences, if the project provides 1 
                meal per day;
                  [(B) a minimum of 66\2/3\ percent of the 
                allowances if the project provides 2 meals per 
                day; and
                  [(C) 100 percent of the allowances if the 
                project provides 3 meals per day.

[SEC. 339A. PAYMENT REQUIREMENT.

  [Payments made by a State agency or an area agency on aging 
for nutrition services (including meals) provided under part A, 
B, or C may not be reduced to reflect any increase in the level 
of assistance provided under section 311.

         [Part D--In-Home Services for Frail Older Individuals

                           program authorized

  [Sec. 341. (a) The Assistant Secretary shall carry out a 
program for making grants to States under State plans approved 
under section 307 to provide in-home services to frail older 
individuals, including in-home supportive services for older 
individuals who are victims of Alzheimer's disease and related 
disorders with neurological and organic brain dysfunction, and 
to the families of such victims.
  [(b) In carrying out the provisions of this part, each area 
agency on aging shall coordinate with other community agencies 
and voluntary organizations providing counseling and training 
for family caretakers and support service personnel in 
management of care, functional and needs assessment services, 
assistance with locating, arranging for, and coordinating 
services, case management, and counseling prior to admission to 
nursing home to prevent premature institutionalization.

                     definition of in-home services

  [Sec. 342. For purposes of this part, the term ``in-home 
services'' includes--
          [(1) homemaker and home health aides;
          [(2) visiting and telephone reassurance;
          [(3) chore maintenance;
          [(4) in-home respite care for families, and adult day 
        care as a respite service for families;
          [(5) 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, 
        except that not more than $150 per client may be 
        expended under this part for such modification;
          [(6) personal care services; and
          [(7) other in-home services as defined--
                  [(A) by the State agency in the State plan 
                submitted in accordance with section 307; and
                  [(B) by the area agency on aging in the area 
                plan submitted in accordance with section 306.

                             state criteria

  [Sec. 343. The State agency shall develop eligibility 
criteria for providing in-home services to frail older 
individuals which shall take into account--
          [(1) age;
          [(2) greatest economic need;
          [(3) noneconomic factors contributing to the frail 
        condition; and
          [(4) noneconomic and nonhealth factors contributing 
        to the need for such services.

                         maintenance of effort

  [Sec. 344. Funds made available under this part shall be in 
addition to, and may not be used to supplant, any funds that 
are or would otherwise be expended under any Federal, State, or 
local law by a State or unit of general purpose local 
government (including area agencies on aging which have in 
their planning and services areas existing services which 
primarily serve older individuals who are victims of 
Alzheimer's disease and related disorders with neurological and 
organic brain dysfunction, and the families of such victims).

  [Part E--Additionl Assistance for Special Needs of Older Individuals

                           program authorized

  [Sec. 351. The Assistant Secretary shall carry out a program 
for making grants to States under State plans approved under 
section 307 to provide services, consistent with the purpose of 
this title, designed to satisfy special needs of older 
individuals. Such services include--
          [(1) transportation associated with services provided 
        under this title;
          [(2) outreach regarding such services;
          [(3) targeting such services to older individuals 
        with greatest economic need or greatest social need;
          [(4) services under the ombudsman program established 
        under titles III and VII in accordance with section 
        712; and
          [(5) any other service under this title--
                  [(A) for which the State demonstrates to 
                satisfaction of the Assistant Secretary that 
                there is unmet need; and
                  [(B) which is appropriate to improve the 
                quality of life of older individuals, 
                particularly those with greatest economic need 
                and those with greatest social need.

       [Part F--Disease Prevention and Health Promotion Services

                           program authorized

  [Sec. 361. (a) The Assistant Secretary shall carry out a 
program for making grants to States under State plans approved 
under section 307 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 
Directors of the Centers for Disease Control and Prevention and 
the National Institute on Aging.
  [(b) The Assistant Secretary shall, to the extent possible, 
assure that services provided by other community organizations 
and agencies are used to carry out the provisions of this part.

                 distribution to area agencies on aging

  [Sec. 362. The State agency shall give priority, in carrying 
out this part, to areas of the State--
          [(1) which are medically underserved; and
          [(2) in which there are a large number of older 
        individuals who have the greatest economic need for 
        such services.

[SEC. 363. DEFINITION.

  [As used in this part, the term ``disease prevention and 
health promotion services'' means--
          [(1) health risk assessments;
          [(2) routine health screening, which may include 
        hypertension, glaucoma, cholesterol, cancer, vision, 
        hearing, diabetes, and nutrition screening;
          [(3) nutritional counseling and educational services 
        for individuals and their primary caregivers;
          [(4) health promotion programs, including programs 
        relating to chronic disabling conditions (including 
        osteoporosis and cardiovascular disease) prevention and 
        reduction of effects, alcohol and substance abuse 
        reduction, smoking cessation, weight loss and control, 
        and stress management;
          [(5) programs regarding physical fitness, group 
        exercise, and music, art, and dance-movement therapy, 
        including programs for multigenerational participation 
        that are provided by--
                  [(A) an institution of higher education;
                  [(B) a local educational agency, as defined 
                in section 14101 of the Elementary and 
                Secondary Education Act of 1965; or
                  [(C) a community-based organization;
          [(6) home injury control services, including 
        screening of high-risk home environments and provision 
        of educational programs on injury prevention (including 
        fall and fracture prevention) in the home environment;
          [(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) 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.);
          [(9) medication management screening and education to 
        prevent incorrect medication and adverse drug 
        reactions;
          [(10) information concerning diagnosis, prevention, 
        treatment, and rehabilitation of age-related diseases 
        and chronic disabling conditions, including 
        osteoporosis, cardiovascular diseases, and Alzheimer's 
        disease and related disorders with neurological and 
        organic brain dysfunction;
          [(11) gerontological counseling; and
          [(12) counseling regarding social services and 
        followup health services based on any of the services 
        described in paragraphs (1) through (11).
The term shall not include services for which payment may be 
made under title XVIII of the Social Security Act (42 U.S.C. 
1395 et seq.).

   [Part G--Supportive Activities for Caretakers Who Provide In-Home 
                  Services to Frail Older Individuals

[SEC. 381. PROGRAM AUTHORIZED.

  [The Assistant Secretary shall carry out a program for making 
grants to States under State plans approved under section 307 
to carry out a program to provide supportive activities for 
caretakers who provide in-home services to frail older 
individuals (including older individuals who are victims of 
Alzheimer's disease or related disorders with neurological and 
organic brain dysfunction). Such supportive activities may 
include--
          [(1) providing training and counseling for such 
        caretakers;
          [(2) technical assistance to such caretakers to 
        assist them to form or to participate in support 
        groups;
          [(3) providing information--
                  [(A) to frail older individuals and their 
                families regarding how to obtain in-home 
                services and respite services; and
                  [(B) to caretakers who provide such services, 
                regarding--
                          [(i) how to provide such services; 
                        and
                          [(ii) sources of nonfinancial support 
                        available to them as a result of their 
                        providing such services; and
          [(4) maintaining lists of individuals who provide 
        respite services for the families of frail older 
        individuals.

[SEC. 382. DEFINITIONS.

  [For purposes of this part, the term ``in-home services'' has 
the meaning given such term in section 342.

[SEC. 383. MAINTENANCE OF EFFORT.

  [Section 344 shall apply with respect to funds made available 
under this part, in the same manner as such section applies to 
funds made available under part D.

 [TITLE IV--TRAINING, RESEARCH, AND DISCRETIONARY PROJECTS AND PROGRAMS

                         [statement of purpose

  [Sec. 401. It is the purpose of this title to expand the 
Nation's knowledge and understanding of aging and the aging 
process, to design and test innovative ideas in programs and 
services for older individuals, and publicly disseminate the 
results of the tests, to replicate such programs and services 
under this Act, and to help meet the needs for trained 
personnel in the field of aging through--
          [(1) placing a priority on the education and training 
        of personnel to work with and on behalf of older 
        individuals, with special emphasis on minority 
        individuals, low-income individuals, frail individuals, 
        and individuals with disabilities;
          [(2) research and development of effective practices 
        in the field of aging;
          [(3) demonstration projects directly related to the 
        field of aging; and
          [(4) dissemination of information on aging and the 
        aging process acquired through such programs to public 
        and private organizations or programs for older 
        individuals.

                            [administration

  [Sec. 402. (a) In order to carry out the provisions of this 
title effectively, the Assistant Secretary shall administer 
this title through the Administration.
  [(b) In carrying out the provisions of this title, the 
Assistant Secretary may request the technical assistance and 
cooperation of the Department of Education, the National 
Institutes of Health, 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.
  [(c) The Assistant Secretary shall ensure that grants and 
contracts under this title are equitably awarded to agencies, 
organizations, and institutions representing minorities.
  [(d) The Assistant Secretary shall, in developing priorities, 
consistent with the requirements of this title, for awarding 
grants and entering into contracts under this title, consult 
annually with State agencies, area agencies on aging, 
recipients of grants under title VI, institutions of higher 
education, organizations representing beneficiaries of services 
under this Act, and other organizations, and individuals, with 
expertise in aging issues.
  [(e) The Assistant Secretary shall ensure that grants and 
contracts awarded under this title--
          [(1) are evaluated for their benefit to older 
        individuals, and to programs under this Act; and
          [(2) comply with the requirements under this Act.

                    [Part A--Education and Training

                                [purpose

  [Sec. 410. The purpose of this part is to improve the quality 
of service and to help meet critical shortages of adequately 
trained personnel for programs in the field of aging by--
          [(1) identifying both short- and long-range manpower 
        needs in the field of aging;
          [(2) providing a broad range of educational and 
        training opportunities to meet those needs;
          [(3) attracting a greater number of qualified 
        personnel, with particular emphasis on attracting 
        minority individuals, into the field of aging;
          [(4) helping to upgrade personnel training programs 
        to make them more responsive to the need in the field 
        of aging; and
          [(5) establishing and supporting multidisciplinary 
        centers of gerontology (including centers of 
        gerontology to improve, enhance, and expand minority 
        personnel and training programs) and providing special 
        emphasis that will improve, enhance, and expand 
        existing training programs.

                         [grants and contracts

  [Sec. 411. (a) The Assistant Secretary shall make grants and 
enter into contracts to achieve the purpose of this part. The 
purposes for which such grants and contracts shall be made 
include the following:
          [(1) To provide comprehensive and coordinated 
        nondegree education, training programs, and curricula 
        at institutions of higher education and at other 
        research, training, or educational organizations, for 
        practitioners in the fields of nutrition, health 
        (including mental health) care, gerontology, supportive 
        services, housing, and long-term care, including the 
        expansion and enhancement of existing inservice 
        education and training programs.
          [(2) To provide inservice training opportunities to 
        the personnel of State offices, area agencies on aging, 
        senior centers, and nutrition and counseling programs 
        to strengthen their capacity to remain responsive to 
        the needs of older individuals, with special emphasis 
        on using culturally sensitive practices.
          [(3) To provide courses on aging and the 
        dissemination of information about aging to the public 
        through institutions of higher education and other 
        public and nonprofit private organizations and 
        agencies.
          [(4) To provide in-service training opportunities and 
        courses of instruction on aging to Indian tribes 
        through public and nonprofit Indian aging 
        organizations.
          [(5) To provide annually a national meeting to train 
        directors of programs under title VI.
  [(b) To achieve the purpose of this title, the Administration 
shall conduct both--
          [(1) long-term educational activities to prepare 
        personnel for careers in the field of aging; and
          [(2) short-term inservice training and continuing 
        education activities for State agency and area agency 
        on aging personnel, and other personnel, in the field 
        of aging or preparing to enter the field of aging.
  [(c) In making grants and contracts under this part, the 
Assistant Secretary shall give special consideration to the 
recruitment and training of personnel, volunteers, and those 
individuals preparing for employment in that part of the field 
of aging which relates to providing services to individuals 
with disabilities and to individuals with Alzheimer's disease 
and related disorders with neurological and organic brain 
dysfunction and providing family respite services with respect 
to such individuals.
  [(d) In making grants or contracts under this part, the 
Assistant Secretary shall ensure that all projects and 
activities related to personnel training shall include specific 
data on the number of individuals to be trained and the number 
of older individuals to be served through such training 
activities by public and nonprofit agencies, State and area 
agencies on aging, institutions of higher education, and other 
organizations.
  [(e) From amounts appropriated under section 431(b), the 
Assistant Secretary shall make grants and enter into contracts 
under this part to establish and carry out a program under 
which service providers (including family physicians, clergy, 
and other professionals) will receive training--
          [(1) comprised of--
                  [(A) intensive training regarding normal 
                aging, recognition of problems of older 
                individuals, and communication with providers 
                of mental health services; and
                  [(B) advanced clinical training regarding 
                means of assessing and treating the problems of 
                older individuals;
          [(2) provided by--
                  [(A) faculty and graduate students in 
                programs of human development and family 
                studies at an institution of higher education;
                  [(B) mental health professionals; and
                  [(C) nationally recognized consultants with 
                expertise regarding the mental health problems 
                of individuals residing in rural areas; and
          [(3) held in public hospitals throughout each State 
        in which the program is carried out.

               [multidisciplinary centers of gerontology

  [Sec. 412. (a) The Assistant Secretary may make grants to 
public and private nonprofit agencies, organizations, and 
institutions for the purpose of establishing or supporting 
multidisciplinary centers of gerontology, and gerontology 
centers of special emphasis (including emphasis on nutrition, 
employment, health (including mental health), disabilities 
(including severe disabilities), income maintenance, counseling 
services, supportive services and minority populations). Such 
centers shall conduct research and policy analysis and function 
as a technical resource for the Assistant Secretary, 
policymakers, service providers, and the Congress. 
Multidisciplinary centers of gerontology shall--
          [(1) recruit and train personnel;
          [(2) conduct basic and applied research toward the 
        development of information related to aging;
          [(3) stimulate the incorporation of information on 
        aging into the teaching of biological, behavioral, and 
        social sciences at colleges and universities;
          [(4) help to develop training programs in the field 
        of aging at schools of public health, education, social 
        work, and psychology, and other appropriate schools 
        within colleges and universities;
          [(5) serve as a repository of information and 
        knowledge on aging;
          [(6) provide consultation and information to public 
        and voluntary organizations, including State agencies 
        and area agencies on aging, which serve the needs of 
        older individuals in planning and developing services 
        provided under other provisions of this Act; and
          [(7) if appropriate, provide information relating to 
        assistive technology.
  [(b) Centers supported under this section shall provide data 
to the Assistant Secretary on the projects and activities for 
which funds are provided under this title. Such data shall 
include the number of personnel trained, the number of older 
individuals served, the number of schools assisted, and other 
information that will facilitate achieving the objectives of 
this Act.

        [Part B--Research, Demonstrations, and Other Activities

                                [purpose

  [Sec. 420. The purpose of this part is to improve the quality 
and efficiency of programs serving older individuals through 
research and development projects, and demonstration projects, 
designed to--
          [(1) develop and synthesize knowledge about aging 
        from multidisciplinary perspectives;
          [(2) establish an information base of data and 
        practical experience;
          [(3) examine effective models of planning and 
        practice that will improve or enhance services provided 
        under other provisions of this Act;
          [(4) evaluate the efficacy, quality, efficiency, and 
        accessibility of programs and services for older 
        individuals; and
          [(5) develop, implement, and evaluate innovative 
        planning and practice strategies to address the needs, 
        concerns, and capabilities of older individuals.

                   [research and development projects

  [Sec. 421. (a) The Assistant Secretary may make grants to any 
public or nonprofit private agency, organization, or 
institution, and may enter into contracts with any agency, 
organization, institution, or individual to support research 
and development related to the objectives of this Act, 
evaluation of the results of such research and development 
activities, and collection and dissemination of information 
concerning research findings, demonstration results, and other 
materials developed in connection with activities assisted 
under this title, and conducting of conferences and other 
meetings for purposes of exchange of information and other 
activities related to the purpose of this title. Appropriate 
provisions for the dissemination of resulting information shall 
be a requirement for all grants made under this section.
  [(b) Each research and development activity proposal for 
which funds are requested under subsection (a) shall include a 
concise policy or practical application statement.
  [(c)(1) The Assistant Secretary shall select, to the extent 
practicable, for assistance under subsection (a) research 
activities which will, not later than three years after the 
date of the enactment of the Older Americans Act Amendments of 
1984, collectively--
          [(A) contribute to the establishment and maintenance 
        of a demographic data base which contains information 
        on the population of older individuals generally and 
        older individuals categorized by age, sex, race, 
        geographical location, and such other factors as the 
        Assistant Secretary deems useful for the purpose of 
        formulating public policy;
          [(B) identify the future needs of older individuals;
          [(C) identify the kinds and comprehensiveness of 
        programs required to satisfy such needs; and
          [(D) identify the kinds and number of personnel 
        required to carry out such programs.
  [(2) The Assistant Secretary shall select, to the extent 
practicable, for assistance under subsection (a) demonstration 
projects which test research results and implement innovative 
ways of satisfying the needs of, and delivering services to, 
older individuals.

                        [demonstration projects

  [Sec. 422. (a)(1) The Assistant Secretary may, after 
consultation with the State agency in the State involved, make 
grants to any public agency or nonprofit private organization 
or enter into contracts with any agency or organization within 
such State for paying part or all of the cost of developing or 
operating nationwide, statewide, regional, metropolitan area, 
county, city, or community model projects which will 
demonstrate methods to improve or expand supportive services or 
nutrition services or otherwise promote the well-being of older 
individuals. The Assistant Secretary shall give special 
consideration to the funding of rural area agencies on aging to 
conduct model projects devoted to the special needs of older 
individuals residing in rural areas. Such projects shall 
include alternative health care delivery systems, advocacy and 
outreach programs, and transportation services.
  [(2) The Assistant Secretary may, after consultation with the 
State agency in the State involved, make grants to or enter 
into contracts with public or private 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 
prototype health education and promotion programs for the use 
of State and area agencies on aging in implementing disease 
prevention and health promotion programs (including coordinated 
multidisciplinary research projects on the aging process).
  [(b) In making grants and contracts under subsection (a)(1), 
the Assistant Secretary shall give special consideration to 
projects designed to--
          [(1) meet the supportive services needs of older 
        individuals who are victims of Alzheimer's disease and 
        related disorders with neurological and organic brain 
        dysfunction and their families, including--
                  [(A) home health care for such victims;
                  [(B) adult day health care for such victims; 
                and
                  [(C) homemaker aides, transportation, and in-
                home respite care for the families, 
                particularly spouses, of such victims;
          [(2) meet the special health care needs of older 
        individuals, including--
                  [(A) the location of older individuals who 
                are in need of mental health services;
                  [(B) the provision of, or arrangement for the 
                provision of, medical differential diagnoses of 
                older individuals to distinguish between their 
                need for mental health services and other 
                medical care;
                  [(C) the specification of the mental health 
                needs of older individuals, and the mental 
                health and support services required to meet 
                such needs;
                  [(D) the provision of--
                          [(i) the mental health and support 
                        services specified in subclause (C) in 
                        the communities; or
                          [(ii) such services for older 
                        individuals in nursing homes and 
                        intermediate care facilities, and 
                        training of the employees of such homes 
                        and facilities in the provision of such 
                        services; and
                  [(E) the identification and provision of 
                services to older individuals with severe 
                disabilities;
          [(3) assist in meeting the special housing needs of 
        older individuals by--
                  [(A) providing financial assistance to such 
                individuals, who own their own homes, necessary 
                to enable them (i) to make the repairs or 
                renovations to their homes, which are necessary 
                for them to meet minimum standards, and (ii) to 
                install security devices, and to make 
                structural modifications or alterations, 
                designed to prevent unlawful entry; and
                  [(B) studying and demonstrating methods of 
                adapting existing housing, or construction of 
                new housing, to meet the needs of older 
                individuals suffering from physical 
                disabilities;
          [(4) provide education and training to older 
        individuals designed to enable them to lead more 
        productive lives by broadening the education, 
        occupational, cultural, or social awareness of such 
        older individuals;
          [(5) provide preretirement education information and 
        relevant services (including the training of personnel 
        to carry out such programs and the conduct of research 
        with respect to the development and operation of such 
        programs) to individuals planning retirement;
          [(6) meet the special needs of, and improve the 
        delivery of services to, older individuals who are not 
        receiving adequate services under other provisions of 
        this Act, with emphasis on the needs of low-income, 
        minority, Indian, and limited English-speaking 
        individuals and older individuals residing in rural 
        areas;
          [(7) develop or improve methods of coordinating all 
        available supportive services for the homebound 
        elderly, blind, and disabled by establishing 
        demonstration projects in ten States, in accordance 
        with subsection (c);
          [(8) improve transportation systems for older 
        individuals residing in rural areas;
          [(9) provide expanded, innovative volunteer 
        opportunities to older individuals which are designed 
        to fulfill unmet community needs, while at the same 
        time avoiding duplication of existing volunteer 
        programs, which may include projects furnishing 
        multigenerational services by older individuals 
        addressing the needs of children, such as--
                  [(A) tutorial services in elementary and 
                special schools;
                  [(B) after school programs for latchkey 
                children; and
                  [(C) voluntary services for child care and 
                youth day care programs;
          [(10) meet the service needs of older individuals who 
        provide uncompensated care to their adult children with 
        disabilities, for supportive services relating to such 
        care, including--
                  [(A) respite services; and
                  [(B) legal advice, information, and referral 
                services to assist such older individuals with 
                permanency planning for such children;
          [(11) advance the understanding of the efficacy and 
        benefits of providing music therapy, art therapy, or 
        dance-movement therapy to older individuals through--
                  [(A) projects that--
                          [(i) study and demonstrate the 
                        provision of music therapy, art 
                        therapy, or dance-movement therapy to 
                        older individuals who are 
                        institutionalized or at risk of being 
                        institutionalized; and
                          [(ii) provide music therapy, art 
                        therapy, or dance-movement therapy--
                                  [(I) in nursing homes, 
                                hospitals, rehabilitation 
                                centers, hospices, or senior 
                                centers;
                                  [(II) through disease 
                                prevention and health promotion 
                                services programs established 
                                under part F of title III;
                                  [(III) through in-home 
                                services programs established 
                                under part D of title III;
                                  [(IV) through 
                                multigenerational activities 
                                described in section 
                                307(a)(41)(B) or subpart 3 of 
                                part C of title III;
                                  [(V) through supportive 
                                services described in section 
                                321(a)(21); or
                                  [(VI) through disease 
                                prevention and health promotion 
                                services described in section 
                                363(5); and
                  [(B) education, training, and information 
                dissemination projects, including--
                          [(i) projects for the provision of 
                        gerontological training to music 
                        therapists, and education and training 
                        of individuals in the aging network 
                        regarding the efficacy and benefits of 
                        music therapy for older individuals; 
                        and
                          [(ii) projects for disseminating to 
                        the aging network and to music 
                        therapists background materials on 
                        music therapy, best practice manuals, 
                        and other information on providing 
                        music therapy to older individuals; and
          [(12)(A) establish, in accordance with subparagraph 
        (B), nationwide, statewide, regional, metropolitan 
        area, county, city, or community model volunteer 
        service credit projects to demonstrate methods to 
        improve or expand supportive services or nutrition 
        services, or otherwise promote the wellbeing of older 
        individuals;
          [(B) for purposes of paying part or all of the cost 
        of developing or operating the projects, in the fiscal 
        year, make not fewer than three and not more than five 
        grants to, or contracts with, public agencies or 
        nonprofit private organizations in such State; and
          [(C) ensure that the projects will be operated in 
        consultation with the Corporation for National and 
        Community Service and will permit older individuals who 
        are volunteers to earn, for services furnished, credits 
        that may be redeemed later for similar volunteer 
        services.
  [(c) The Assistant Secretary shall consult with the Assistant 
Secretary of the Rehabilitation Services Administration, the 
Assistant Secretary of the Social Security Administration, and 
the Surgeon General of the Public Health Service, to develop 
procedures for--
          [(1) identifying elderly, blind, and disabled 
        individuals who need supportive services;
          [(2) compiling a list in each community of all 
        services available to the elderly, blind, and disabled; 
        and
          [(3) establishing an information and assistance 
        service within the appropriate community agency to--
                  [(A) inform those in need of the availability 
                of such services; and
                  [(B) coordinate the delivery of such services 
                to the elderly, blind, and disabled.
The Assistant Secretary shall establish procedures for 
administering demonstration projects under subsection (b)(6) 
not later than 6 months after the effective date of this 
subsection. The Assistant Secretary shall report to the 
Congress with respect to the results and findings of the 
demonstration projects conducted under this section at the 
completion of the projects.
  [(d)(1) Whenever appropriate, grants made and contracts 
entered into under this section shall be developed in 
consultation with an appropriate gerontology center.
  [(2)(A) Grants made and contracts entered into under this 
section shall include provisions for the appropriate 
dissemination of project results.
  [(B) An agency or organization that receives a grant or 
enters into a contract to carry out a project described in 
subparagraph (A) or (B)(i) of subsection (b)(11) shall submit 
to the Assistant Secretary a report containing--
          [(i) the results, and findings based on the results, 
        of such project; and
          [(ii) the recommendations of the agency or 
        organization, if the agency or organization provided 
        music therapy, regarding means by which music therapy 
        could be made available, in an efficient and effective 
        manner, to older individuals who would benefit from the 
        therapy.

[SEC. 423. SPECIAL PROJECTS IN COMPREHENSIVE LONG-TERM CARE.

  [(a) Definitions.--As used in this section:
          [(1) Project.--The term ``Project'' means a Project 
        to Improve the Delivery of Long-Term Care Services.
          [(2) Resource center.--The term ``Resource Center'' 
        means a Resource Center for Long-Term Care.
  [(b) Resource Centers.--
          [(1) Grants and contracts.--The Assistant Secretary 
        shall award grants to, or enter into contracts with, 
        eligible entities to support the establishment or 
        operation of not fewer than four and not more than 
        seven Resource Centers in accordance with paragraph 
        (2).
          [(2) Requirements.--
                  [(A) Functions.--Each Resource Center that 
                receives funds under this subsection shall, 
                with respect to subjects within an area of 
                specialty of the Resource Center--
                          [(i) perform research;
                          [(ii) provide for the dissemination 
                        of results of the research; and
                          [(iii) provide technical assistance 
                        and training to State agencies and area 
                        agencies on aging.
                  [(B) Area of speciality.--For purposes of 
                subparagraph (A) the term ``area of 
                speciality'' means--
                          [(i) Alzheimer's disease and related 
                        dementias, and other cognitive 
                        impairments;
                          [(ii) client assessment and case 
                        management;
                          [(iii) data collection and analysis;
                          [(iv) home modification and 
                        supportive services to enable older 
                        individuals to remain in their homes;
                          [(v) consolidation and coordination 
                        of services;
                          [(vi) linkages between acute care, 
                        rehabilitative services, and long-term 
                        care, facilities and providers;
                          [(vii) decisionmaking and bioethics;
                          [(viii) supply, training, and quality 
                        of long-term care personnel, including 
                        those who provide rehabilitative 
                        services;
                          [(ix) rural issues, including 
                        barriers to access to services;
                          [(x) chronic mental illness;
                          [(xi) populations with greatest 
                        social need and populations with 
                        greatest economic need, with particular 
                        attention to low-income minorities; and
                          [(xii) an area of importance as 
                        determined by the Assistant Secretary.
  [(c) Projects.--The Assistant Secretary shall award grants 
to, or enter into contracts with, eligible entities to support 
the entities in establishing and carrying out not fewer than 10 
Projects.
  [(d) Use of Funds.--
          [(1) In general.--Except as provided in paragraph 
        (2), an eligible entity may use funds received under a 
        grant or contract--
                  [(A) described in subsection (b)(1) to pay 
                for part or all of the cost (including startup 
                cost) of establishing and operating a new 
                Resource Center, or of operating a Resource 
                Center in existence on the day before the date 
                of the enactment of the Older Americans Act 
                Amendments of 1992; or
                  [(B) described in subsection (c) to pay for 
                part or all of the cost (including startup 
                cost) of establishing and carrying out a 
                Project.
          [(2) Reimbursable direct services.--None of the funds 
        may be used to pay for direct services that are 
        eligible for reimbursement under title XVIII, XIX, or 
        XX of the Social Security Act (42 U.S.C. 1395 et seq., 
        1396 et seq., or 1397 et seq.).
  [(e) Preference.--In awarding grants, and entering into 
contracts, under this section, the Assistant Secretary shall 
give preference to entities that demonstrate that--
          [(1) adequate State standards have been developed to 
        ensure the quality of services provided under the grant 
        or contract; and
          [(2) the entity has made a commitment to carry out 
        programs under the grant or contract with each State 
        agency responsible for the administration of title XIX 
        or XX of the Social Security Act.
  [(f) Application.--
          [(1) In general.--To be eligible to receive funds 
        under a grant or contract described in subsection 
        (b)(1) or (c), 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.
          [(2) Project application.--An entity seeking a grant 
        or contract under subsection (c) shall submit an 
        application to the Assistant Secretary containing, at a 
        minimum--
                  [(A) information identifying and describing 
                gaps, weaknesses, or other problems in the 
                delivery of long-term care services in the 
                State or geographic area to be served by the 
                entity, including--
                          [(i) duplication of functions in the 
                        delivery of such services, including 
                        duplication at the State and local 
                        level;
                          [(ii) fragmentation of systems, 
                        especially in coordinating services to 
                        populations of older individuals and 
                        other populations;
                          [(iii) barriers to access for 
                        populations with greatest social need 
                        and populations with greatest economic 
                        need, including minorities and 
                        residents of rural areas;
                          [(iv) lack of financing for such 
                        services;
                          [(v) lack of availability of 
                        adequately trained personnel to provide 
                        such services; and
                          [(vi) lack of a range of chronic care 
                        services (including rehabilitative 
                        strategies) that promote restoration, 
                        maintenance, or improvement of function 
                        in older individuals;
                  [(B) a plan to address the gaps, weaknesses, 
                and problems described in clauses (i) through 
                (v); and
                  [(C) information describing the extent to 
                which the entity will coordinate with area 
                agencies on aging and service providers in 
                carrying out the proposed Project.
  [(g) Eligible Entities.--
          [(1) Resource centers.--Entities eligible to receive 
        grants, or enter into contracts, under subsection 
        (b)(1) shall be--
                  [(A) institutions of higher education; and
                  [(B) other public agencies and nonprofit 
                private organizations.
          [(2) Projects.--Entities eligible to receive grants, 
        or enter into contracts, under subsection (c) include--
                  [(A) State agencies; and
                  [(B) in consultation with State agencies--
                          [(i) area agencies on aging;
                          [(ii) institutions of higher 
                        education; and
                          [(iii) other public agencies and 
                        nonprofit private organizations.
  [(h) Report.--The Assistant Secretary shall include in the 
annual report to the Congress required by section 207, a report 
on the grants awarded, and contracts entered into, under this 
section, including--
          [(1) an analysis of the relative effectiveness, and 
        recommendations for any changes, of the projects of 
        Resource Centers funded under subsection (b)(1) in the 
        fiscal year for which the Assistant Secretary is 
        preparing the annual report; and
          [(2) an evaluation of the needs identified, the 
        agencies utilized, and the effectiveness of the 
        approaches used by projects funded under subsection 
        (c).
  [(i) Availability of Funds.--The Assistant Secretary shall 
make available for carrying out subsection (b) for each fiscal 
year not less than the amount made available in fiscal year 
1991 for making grants and entering into contracts to establish 
and operate Resource Centers under section 423 as in effect on 
the day before the date of the enactment of the Older Americans 
Act Amendments of 1992.

 [special demonstration and support projects for legal assistance for 
                           older individuals

  [Sec. 424. (a) The Assistant Secretary shall make grants and 
enter into contracts, in order to--
          [(1) provide a national legal assistance support 
        system (operated by one or more grantees or 
        contractors) of activities to State and area agencies 
        on aging for providing, developing, or supporting legal 
        assistance for older individuals, including--
                  [(A) case consultations;
                  [(B) training;
                  [(C) provision of substantive legal advice 
                and assistance; and
                  [(D) assistance in the design, 
                implementation, and administration of legal 
                assistance delivery systems to local providers 
                of legal assistance for older individuals; and
          [(2) support demonstration projects to expand or 
        improve the delivery of legal assistance to older 
        individuals with social or economic needs.
  [(b) Any grants or contracts made under subsection (a)(2) 
shall contain assurances that the requirements of section 
307(a)(15) are met.
  [(c) To carry out subsection (a)(1), the Assistant Secretary 
shall make grants to or enter into contracts with national 
nonprofit legal assistance organizations experienced in 
providing support, on a nationwide basis, to local legal 
assistance providers.

                      [national impact activities

  [Sec. 425. (a)(1) The Assistant Secretary may carry out 
directly or through grants or contracts--
          [(A) innovation and development projects and 
        activities of national significance which show promise 
        of having substantial impact on the expansion or 
        improvement of supportive services, nutrition services, 
        or multipurpose senior centers, or otherwise promoting 
        the well-being of older individuals; and
          [(B) dissemination of information activities related 
        to such programs.
  [(2) The Assistant Secretary shall carry out, directly or 
through grants or contracts, special training programs and 
technical assistance designed to improve services to 
minorities.
  [(b) An amount not to exceed 15 percent of any sums 
appropriated under section 431 may be used for carrying out 
this section.

         [utility and home heating cost demonstration projects

  [Sec. 426. The Secretary may, after consultation with the 
appropriate State agency, make grants to pay for part or all of 
the costs of developing model projects which show promise of 
relieving older individuals of the excessive burdens of high 
utility service and home heating costs. Any such project shall 
give special consideration to projects under which a business 
concern is engaged in providing home heating oil or utility 
services to low-income older individuals at a cost which is 
substantially lower than providing home heating oil or utility 
services to other individuals.

             ombudsman and advocacy demonstration projects

  [Sec. 427. (a) The Assistant Secretary is authorized to make 
grants to not less than three nor more than ten States to 
demonstrate and evaluate cooperative projects between the State 
long-term care ombudsman program, legal assistance agencies, 
and the State protection and advocacy systems for developmental 
disabilities and mental illness, established under part A of 
the Developmental Disabilities Assistance and Bill of Rights 
Act (42 U.S.C. 6001 et seq.) and under the Protection and 
Advocacy for Mentally Ill Individuals Act of 1986 (Public Law 
99-319).
  [(b) The Assistant Secretary shall prepare and submit to the 
Congress a report of the study and evaluation required by 
subsection (a). Such report shall contain such recommendations 
as the Assistant Secretary deems appropriate.

consumer protection demonstration projects for services provided in the 
                                  home

  [Sec. 428. (a)(1) The Assistant Secretary is authorized to 
make grants to not fewer than 6 nor more than 10 States to 
demonstrate and evaluate the effectiveness of consumer 
protection projects for services (other than medical services) 
provided to older individuals in the home that are furnished or 
assisted with public funds.
  [(2) Grants made under this section shall be used to test 
different approaches to protecting older individuals with 
regard to services in the home. Such projects may provide 
consumer protection through State and local ombudsmen, legal 
assistance agencies, and other community service agencies.
  [(b) No grant may be made under this section unless an 
application is made to the Assistant Secretary at such time, in 
such manner, and containing such information as the Assistant 
Secretary may reasonably require. Each such application shall--
          [(1) describe activities for which assistance is 
        sought;
          [(2) provide for an evaluation of the activities for 
        which assistance is sought; and
          [(3) provide assurances that the applicant will 
        prepare and submit a report to the Assistant Secretary 
        on the activities conducted with assistance under this 
        section and the evaluation of such activities.
  [(c) In approving applications under this section, the 
Assistant Secretary shall assure equitable geographic 
distribution of assistance.
  [(d) The Assistant Secretary shall, as part of the annual 
report submitted under section 207, prepare and submit a report 
on the evaluations submitted under this section, together with 
such recommendations as the Assistant Secretary deems 
appropriate. In carrying out this section, the Assistant 
Secretary shall include in the report--
          [(1) a description of the demonstration projects 
        assisted under this section;
          [(2) an evaluation of the effectiveness of each such 
        project; and
          [(3) recommendations of the Assistant Secretary with 
        respect to the desirability and feasibility of carrying 
        out on a nationwide basis a consumer protection program 
        for services in the home.
  [(e) Consumer protection projects carried out under this 
section--
          [(1) may include, but are not limited to, consumer 
        education, the use of consumer hotlines, receipt and 
        resolution of consumer complaints, and advocacy; and
          [(2) may not address medical services.

[SEC. 429. DEMONSTRATION PROJECTS FOR MULTIGENERATIONAL ACTIVITIES.

  [(a) Grants and Contracts.--The Assistant Secretary may award 
grants and enter into contracts with eligible organizations to 
establish demonstration projects that provide older individuals 
with multigenerational activities.
  [(b) Use of Funds.--An eligible organization shall use funds 
made available under a grant awarded, or a contract entered 
into, under subsection (a)--
          [(1) to carry out a demonstration project that 
        provides multigenerational activities, including any 
        professional training appropriate to such activities 
        for older individuals; and
          [(2) to evaluate the project in accordance with 
        subsection (f).
  [(c) Awards.--In awarding grants and entering into contracts 
under subsection (a), the Assistant Secretary shall give 
preference to--
          [(1) eligible organizations with a demonstrated 
        record of carrying out multigenerational activities; 
        and
          [(2) eligible organizations proposing projects that 
        will serve older individuals with greatest economic 
        need (with particular attention to low-income minority 
        individuals).
  [(d) Application.--To be eligible to receive a grant or enter 
into a contract under subsection (a), an organization shall 
submit an application to the Assistant Secretary at such time, 
in such manner, and accompanied by such information as the 
Assistant Secretary may reasonably require.
  [(e) Eligible Organizations.--Organizations eligible to 
receive a grant or enter into a contract under subsection (a) 
shall be organizations that employ, or provide opportunities 
for, older individuals in multigenerational activities.
  [(f) Local Evaluation and Report.--
          [(1) Evaluation.--Each organization receiving a grant 
        or a contract under subsection (a) to carry out a 
        demonstration project shall evaluate the activities 
        assisted under the project to determine the 
        effectiveness of multigenerational activities, the 
        impact of such activities on child care and youth day 
        care programs, and the impact on older individuals 
        involved in such project.
          [(2) Report.--The organization shall submit a report 
        to the Assistant Secretary containing the evaluation 
        not later than 6 months after the expiration of the 
        period for which the grant or contract is in effect.
  [(g) Report to Congress.--Not later than 6 months after the 
Assistant Secretary receives the reports described in 
subsection (f)(2), the Assistant Secretary shall prepare and 
submit to the Speaker of the House of Representatives and the 
President pro tempore of the Senate a report that assesses the 
evaluations and includes, at a minimum--
          [(1) the names or descriptive titles of the 
        demonstration projects funded under subsection (a);
          [(2) a description of the nature and operation of the 
        projects;
          [(3) the name and address of the individual or 
        governmental entity that conducted the projects;
          [(4) a description of the methods and success of the 
        projects in recruiting older individuals as employees 
        and volunteers to participate in the project;
          [(5) a description of the success of the projects 
        retaining older individuals involved in the projects as 
        employees and as volunteers; and
          [(6) the rate of turnover of older individual 
        employees and volunteers in the projects.
  [(h) Definition.--As used in this section, the term 
``multigenerational activity'' includes an opportunity to serve 
as a mentor or adviser in a child care program, a youth day 
care program, an educational assistance program, an at-risk 
youth intervention program, a juvenile delinquency treatment 
program, or a family support program.

[SEC. 429A. SUPPORTIVE SERVICES IN FEDERALLY ASSISTED HOUSING 
                    DEMONSTRATION PROGRAM.

  [(a) Grants.--The Assistant Secretary shall award grants to 
eligible agencies to establish demonstration programs to 
provide services described in subsection (b) to older 
individuals who are residents in federally assisted housing 
(referred to in this section as ``residents'').
  [(b) Use of Grants.--An eligible agency shall use a grant 
awarded under subsection (a) to conduct outreach and to provide 
to residents services including--
          [(1) meal services;
          [(2) transportation;
          [(3) personal care, dressing, bathing, and toileting;
          [(4) housekeeping and chore assistance;
          [(5) nonmedical counseling;
          [(6) case management;
          [(7) other services to prevent premature and 
        unnecessary institutionalization; and
          [(8) other services provided under this Act.
  [(c) Award of Grants.--The Assistant Secretary shall award 
grants under subsection (a) to agencies in a variety of 
geographic settings, including urban and rural settings.
  [(d) Application.--To be eligible to receive a grant under 
subsection (a), an agency shall submit an application to the 
Assistant Secretary at such time, in such manner, and 
containing such information as the Assistant Secretary may 
require, including, at a minimum--
          [(1) information demonstrating a lack of, and need 
        for, services described in subsection (b) in federally 
        assisted housing projects in the geographic area 
        proposed to be served by the applicant;
          [(2) a comprehensive plan to coordinate with housing 
        facility management to provide services to frail older 
        individuals who are in danger of premature or 
        unnecessary institutionalization;
          [(3) information demonstrating initiative on the part 
        of the agency to address the supportive service needs 
        of residents;
          [(4) information demonstrating financial, in-kind, or 
        other support available to the applicant from State or 
        local governments, or from private resources;
          [(5) an assurance that the agency will participate in 
        the development of the comprehensive housing 
        affordability strategy under section 105 of the 
        Cranston-Gonzalez National Affordable Housing Act (42 
        U.S.C. 12705) and seek funding for supportive services 
        under the Department of Housing and Urban Development 
        or the Farmers Home Administration;
          [(6) an assurance that the agency will target 
        services to low-income minority older individuals and 
        conduct outreach;
          [(7) an assurance that the agency will comply with 
        the guidelines described in subsection (f); and
          [(8) a plan to evaluate the eligibility of older 
        individuals for services under the federally assisted 
        housing demonstration program, which plan shall include 
        a professional assessment committee to identify such 
        individuals.
  [(e) Eligible Agencies.--Agencies eligible to receive grants 
under this section shall be State agencies and area agencies on 
aging.
  [(f) Guidelines.--The Assistant Secretary shall issue 
guidelines for use by agencies that receive grants under this 
section--
          [(1) regarding the level of frailty that older 
        individuals shall meet to be eligible for services 
        under a demonstration program established under this 
        section; and
          [(2) for accepting voluntary contributions from 
        residents who receive services under such a program.
  [(g) Evaluations and Reports.--
          [(1) Agencies.--Each agency that receives a grant 
        under subsection (a) to establish a demonstration 
        program shall, not later than 3 months after the end of 
        the period for which the grant is awarded--
                  [(A) evaluate the effectiveness of the 
                program; and
                  [(B) submit a report containing the 
                evaluation to the Assistant Secretary.
          [(2) Assistant Secretary.--The Assistant Secretary 
        shall, not later than 6 months after the end of the 
        period for which the Assistant Secretary awards grants 
        under subsection (a)--
                  [(A) evaluate the effectiveness of each 
                demonstration program that receives a grant 
                under subsection (a); and
                  [(B) submit a report containing the 
                evaluation to the Speaker of the House of 
                Representatives and the President pro tempore 
                of the Senate.

[SEC. 429B. NEIGHBORHOOD SENIOR CARE PROGRAM.

  [(a) Definitions.--As used in this section:
          [(1) Health and social services.--The term ``health 
        and social services'' includes skilled nursing care, 
        personal care, social work services, homemaker 
        services, health and nutrition education, health 
        screening, home health aid services, and specialized 
        therapies.
          [(2) Volunteer services.--The term ``volunteer 
        services'' includes peer counseling, chore services, 
        help with mail and taxes, transportation, 
        socialization, health and social services, and other 
        similar services.
  [(b) Service Grants.--
          [(1) In general.--The Assistant Secretary may award 
        grants to eligible entities to establish neighborhood 
        senior care programs, in order to encourage 
        professionals to provide volunteer services to local 
        residents who are older individuals and who might 
        otherwise have to be admitted to nursing homes and to 
        hospitals.
          [(2) Preference.--In awarding grants under this 
        section, the Assistant Secretary shall give preference 
        to applicants experienced in operating community 
        programs and programs meeting the independent living 
        needs of older individuals.
          [(3) Advisory board.--The Assistant Secretary shall 
        establish an advisory board to provide guidance to 
        grant recipients regarding the neighborhood senior care 
        programs. Not fewer than two-thirds of the members of 
        the advisory board shall be residents in communities 
        served by the grant recipients.
          [(4) Application.--To be eligible to receive a grant 
        under this section, 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 reasonably require. Each 
        application shall--
                  [(A) describe the activities in the program 
                for which assistance is sought;
                  [(B) describe the neighborhood in which 
                volunteer services are to be provided under the 
                program, and a plan for integration of 
                volunteer services within the neighborhood;
                  [(C)(i) provide assurances that nurses, 
                social workers, and community volunteers 
                providing volunteer services and an outreach 
                coordinator involved with the project live in 
                the neighborhood; or
                  [(ii)(I) reasons that it is not possible to 
                provide such assurances; and
                  [(II) assurances that nurses, social workers, 
                community volunteers and the outreach 
                coordinator will be assigned repeatedly to the 
                particular neighborhood; and
                  [(D) provide for an evaluation of the 
                activities for which assistance is sought.
  [(c) Technical Resource Center.--The Assistant Secretary 
shall, to the extent appropriations are available, enter into a 
contract with an applicant described in subsection (b)(2) to 
establish a technical resource center that will--
          [(1) assist the Assistant Secretary in developing 
        criteria for, and in awarding grants to communities to 
        establish, neighborhood senior care organizations that 
        will implement neighborhood senior care programs under 
        subsection (b);
          [(2) assist communities interested in establishing 
        such a neighborhood senior care program;
          [(3) coordinate the neighborhood senior care 
        programs;
          [(4) provide ongoing analysis of and collection of 
        data on the neighborhood senior care programs and 
        provide such data to the Assistant Secretary;
          [(5) serve as a liaison to State agencies interested 
        in establishing neighborhood senior care programs; and
          [(6) take any further actions as required by 
        regulation by the Assistant Secretary.

[SEC. 429C. INFORMATION AND ASSISTANCE SYSTEMS DEVELOPMENT PROJECTS.

  [(a) Grants.--The Assistant Secretary may--
          [(1) make grants to State agencies, and, in 
        consultation with State agencies, to area agencies on 
        aging to support the improvement of information and 
        assistance services, and systems of services, operated 
        at the State and local levels; and
          [(2) make grants to organizations to provide training 
        and technical assistance to State agencies, area 
        agencies on aging, and providers of supportive 
        services--
                  [(A) to support a national telephone access 
                service to inform older individuals, families, 
                and caregivers about State and local 
                information and assistance services funded 
                under this Act; and
                  [(B) to support the improvement of 
                information and assistance services, and 
                systems of services, operated at the State and 
                local levels.
  [(b) Application.--To be eligible to receive a grant under 
subsection (a) an agency or organization shall submit an 
application to the Assistant Secretary at such time, in such 
manner, and containing such information as the Assistant 
Secretary may specify.
  [(c) Guidelines.--The Assistant Secretary shall establish 
guidelines for the operation of the national telephone access 
service described in subsection (a)(2)(A).
  [(d) Evaluation and Report.--
          [(1) Evaluation.--The Assistant Secretary shall 
        conduct an evaluation of the effectiveness of the 
        national telephone service described in subsection 
        (a)(2)(A) in providing information and assistance 
        services to older individuals, families, and caregivers 
        about State and local information and assistance 
        services.
          [(2) Report.--Not later than January 1, 1995, the 
        Assistant Secretary shall submit the evaluation 
        described in paragraph (1) to the Speaker of the House 
        of Representatives and the President pro tempore of the 
        Senate.

[SEC. 429D. SENIOR TRANSPORTATION DEMONSTRATION PROGRAM GRANTS.

  [(a) Establishment.--The Assistant Secretary shall establish 
and carry out senior transportation demonstration programs. In 
carrying out the programs, the Assistant Secretary shall award 
grants to not fewer than five eligible entities for the purpose 
of improving the mobility of older individuals and 
transportation services for older individuals (referred to in 
this section as ``senior transportation services'').
  [(b) Use of Funds.--Grants made under subsection (a) may be 
used to--
          [(1) develop innovative approaches for improving 
        access by older individuals to supportive services 
        under part B of title III, nutrition services under 
        part C of title III, health care, and other important 
        services;
          [(2) develop comprehensive and integrated senior 
        transportation services; and
          [(3) leverage additional resources for senior 
        transportation services by--
                  [(A) coordinating various transportation 
                services; and
                  [(B) coordinating various funding sources for 
                transportation services, including--
                          [(i) sources of assistance under--
                                  [(I) sections 9, 16(b)(2), 
                                and 18 of the Urban Mass 
                                Transportation Act of 1964 (49 
                                U.S.C. App.); and
                                  [(II) titles XIX and XX of 
                                the Social Security Act (42 
                                U.S.C. 1396 et seq. and 1397 et 
                                seq.); and
                          [(ii) State and local sources.
  [(c) Award of Grants.--
          [(1) Preference.--In awarding grants under subsection 
        (a), the Assistant Secretary shall give preference to 
        entities that--
                  [(A) demonstrate special needs for enhancing 
                senior transportation services and resources 
                for the services within the geographic area 
                served by the entities;
                  [(B) establish plans to ensure that senior 
                transportation services are coordinated with 
                general public transportation services and 
                other specialized transportation services;
                  [(C) demonstrate the ability to utilize the 
                broadest range of available transportation and 
                community resources to provide senior 
                transportation services;
                  [(D) demonstrate the capacity and willingness 
                to coordinate senior transportation services 
                with services provided under title III and with 
                general public transportation services and 
                other specialized transportation services; and
                  [(E) establish plans for senior 
                transportation demonstration programs designed 
                to serve the special needs of low-income, 
                rural, frail, and other at-risk, transit-
                dependent older individuals.
          [(2) Rural entities.--The Assistant Secretary shall 
        award not less than 50 percent of the grants authorized 
        under this section to entities located in, or primarily 
        serving, rural areas.
  [(d) Application.--An entity that seeks a grant under this 
section shall submit an application to the Assistant Secretary 
at such time, in such manner, and containing such information 
as the Assistant Secretary may require, including at a 
minimum--
          [(1) information describing senior transportation 
        services for which the entity seeks assistance;
          [(2) a comprehensive strategy for developing a 
        coordinated transportation system or leveraging 
        additional funding resources, to provide senior 
        transportation services;
          [(3) information describing the extent to which the 
        applicant intends to coordinate the services of the 
        applicant with the services of other transportation 
        providers;
          [(4) a plan for evaluating the effectiveness of the 
        proposed senior transportation demonstration program 
        and preparing a report containing the evaluation to be 
        submitted to the Assistant Secretary; and
          [(5) such other information as may be required by the 
        Assistant Secretary.
  [(e) Eligible Entities.--Entities eligible to receive grants 
under this section shall be--
          [(1) State agencies;
          [(2) area agencies on aging; and
          [(3) other public agencies and nonprofit 
        organizations.
  [(f) Report.--
          [(1) Preparation.--The Assistant Secretary shall 
        prepare, either directly or through grants or 
        contracts, annual reports on the senior transportation 
        demonstration programs established under this section. 
        The reports shall contain an assessment of the 
        effectiveness of each demonstration project and 
        recommendations regarding legislative, administrative, 
        and other initiatives needed to improve the access to 
        and effectiveness of transportation services for older 
        individuals.
          [(2) Submission.--The Assistant Secretary shall 
        submit the report described in paragraph (1) to the 
        Speaker of the House of Representatives and the 
        President pro tempore of the Senate.

[SEC. 429E. RESOURCE CENTERS ON NATIVE AMERICAN ELDERS.

  [(a) Establishment.--The Assistant Secretary shall make 
grants or enter into contracts with not fewer than two and not 
more than four eligible entities to establish and operate 
Resource Centers on Native American Elders (referred to in this 
section as ``Resource Centers''). The Assistant Secretary shall 
make such grants or enter into such contracts for periods of 
not less than 3 years.
  [(b) Functions.--
          [(1) In general.--Each Resource Center that receives 
        funds under this section shall--
                  [(A) gather information;
                  [(B) perform research;
                  [(C) provide for the dissemination of results 
                of the research; and
                  [(D) provide technical assistance and 
                training to entities that provide services to 
                Native Americans who are older individuals.
          [(2) Areas of concern.--In conducting the functions 
        described in paragraph (1), a Resource Center shall 
        focus on priority areas of concern for the Resource 
        Centers regarding Native Americans who are older 
        individuals, which areas shall be--
                  [(A) health problems;
                  [(B) long-term care, including in-home care;
                  [(C) elder abuse; and
                  [(D) other problems and issues that the 
                Assistant Secretary determines are of 
                particular importance to Native Americans who 
                are older individuals.
  [(c) Preference.--In awarding grants and entering into 
contracts under subsection (a), the Assistant Secretary shall 
give preference to institutions of higher education that have 
conducted research on, and assessment of, the characteristics 
and needs of Native Americans who are older individuals.
  [(d) Consultation.--In determining the type of information to 
be sought from, and activities to be performed by, Resource 
Centers, the Assistant Secretary shall consult with the 
Director of the Office for American Indian, Alaskan Native, and 
Native Hawaiian Aging and with national organizations with 
special expertise in serving Native Americans who are older 
individuals.
  [(e) Eligible Entities.--Entities eligible to receive a grant 
or enter into a contract under subsection (a) shall be 
institutions of higher education with experience conducting 
research and assessment on the needs of older individuals.
  [(f) Report to Congress.--The Assistant Secretary, with 
assistance from each Resource Center, shall prepare and submit 
to the Speaker of the House of Representatives and the 
President pro tempore of the Senate an annual report on the 
status and needs including the priority areas of concern of 
Native Americans who are older individuals.

[SEC. 429F. DEMONSTRATION PROGRAMS FOR OLDER INDIVIDUALS WITH 
                    DEVELOPMENTAL DISABILITIES.

  [(a) Definition.--As used in this section:
          [(1) Developmental disability.--The term 
        ``developmental disability'' has the meaning given the 
        term in section 102(5) of the Developmental 
        Disabilities Assistance and Bill of Rights Act (42 
        U.S.C. 6001(5)).
          [(2) In-home service.--The term ``in-home service'' 
        has the meaning given the term in section 342.
  [(b) Establishment.--The Assistant Secretary shall make 
grants to State agencies to provide services in accordance with 
subsection (c).
  [(c) Use of Funds.--A State agency may use a grant awarded 
under subsection (b) to provide services for older individuals 
with developmental disabilities, and for older individuals with 
caretaker responsibilities for developmentally disabled 
children, including--
          [(1) child care and youth day care programs;
          [(2) programs to integrate the individuals into 
        existing programs for older individuals;
          [(3) respite care;
          [(4) transportation to multipurpose senior centers 
        and other facilities and services;
          [(5) supervision;
          [(6) renovation of multipurpose senior centers;
          [(7) provision of materials to facilitate activities 
        for older individuals with developmental disabilities, 
        and for older individuals with caretaker 
        responsibilities for developmentally disabled children;
          [(8) training of State agency, area agency on aging, 
        volunteer, and multipurpose senior center staff, and 
        other service providers, who work with such 
        individuals; and
          [(9) in-home services.
  [(d) Application.--To be eligible to receive a grant under 
this section, a State agency shall submit an application to the 
Assistant Secretary at such time, in such manner, and 
containing such information as the Assistant Secretary may 
require.

[SEC. 429G. HOUSING DEMONSTRATION PROGRAMS.

  [(a) Housing Ombudsman Demonstration Programs.--
          [(1) Grants.--The Assistant Secretary shall award 
        grants to eligible agencies to establish housing 
        ombudsman programs.
          [(2) Use of grants.--An eligible agency shall use a 
        grant awarded under paragraph (1) to--
                  [(A) provide the services described in 
                subparagraph (B) through--
                          [(i) professional and volunteer staff 
                        to older individuals who are--
                                  [(I) participating in 
                                federally assisted and other 
                                publicly assisted housing 
                                programs; or
                                  [(II) seeking Federal, State, 
                                and local housing programs; and
                          [(ii)(I) the State Long-Term Care 
                        Ombudsman program under section 
                        307(a)(12) or section 712;
                          [(II) a legal services or assistance 
                        organization or through an organization 
                        that provides both legal and other 
                        social services;
                          [(III) a public or not-for-profit 
                        social services agency; or
                          [(IV) an agency or organization 
                        concerned with housing issues but not 
                        responsible for publicly assisted 
                        housing.
                  [(B) establish a housing ombudsman program 
                that provides information, advice, and advocacy 
                services including--
                          [(i) direct assistance, or referral 
                        to services, to resolve complaints or 
                        problems;
                          [(ii) provision of information 
                        regarding available housing programs, 
                        eligibility, requirements, and 
                        application processes;
                          [(iii) counseling or assistance with 
                        financial, social, familial, or other 
                        related matters that may affect or be 
                        influenced by housing problems;
                          [(iv) advocacy related to promoting--
                                  [(I) the rights of the older 
                                individuals who are residents 
                                in publicly assisted housing 
                                programs; and
                                  [(II) the quality and 
                                suitability of housing in the 
                                programs; and
                          [(v) assistance with problems related 
                        to housing regarding--
                                  [(I) threats of eviction or 
                                eviction notices;
                                  [(II) older buildings;
                                  [(III) functional impairments 
                                as the impairments relate to 
                                housing;
                                  [(IV) unlawful 
                                discrimination;
                                  [(V) regulations of the 
                                Department of Housing and Urban 
                                Development and the Farmers 
                                Home Administration;
                                  [(VI) disability issues;
                                  [(VII) intimidation, 
                                harassment, or arbitrary 
                                management rules;
                                  [(VIII) grievance procedures;
                                  [(IX) certification and 
                                recertification related to 
                                programs of the Department of 
                                Housing and Urban Development 
                                and the Farmers Home 
                                Administration; and
                                  [(X) issues related to 
                                transfer from one project or 
                                program to another;
          [(3) Award of grants.--The Assistant Secretary shall 
        award grants under paragraph (1) to agencies in rural, 
        urban, and other settings.
          [(4) Application.--To be eligible to receive a grant 
        under paragraph (1), an agency shall submit an 
        application to the Assistant Secretary at such time, in 
        such manner, and containing such information as the 
        Assistant Secretary may require, including, at a 
        minimum--
                  [(A) an assurance that the agency will 
                conduct training of professional and volunteer 
                staff who will provide services through the 
                housing ombudsman demonstration program;
                  [(B) in the case of an application submitted 
                by an area agency on aging, an endorsement of 
                the program by the State agency serving the 
                State in which the program will be established, 
                and an assurance by the State agency that the 
                agency will work with the area agency in 
                carrying out the program; and
                  [(C) a plan to involve in the demonstration 
                program the Secretary of the Department of 
                Housing and Urban Development, the 
                Administrator of the Farmers Home 
                Administration, any individual or entity 
                described in paragraph (2)(A) through which the 
                agency intends to provide the services, and 
                other agencies involved in publicly assisted 
                housing programs.
          [(5) Eligible agencies.--Agencies eligible to receive 
        grants under this section shall include--
                  [(A) State agencies;
                  [(B) area agencies on aging; and
                  [(C) other nonprofit entities, including 
                providers of services under the State Long-Term 
                Care Ombudsman program and the elder rights and 
                legal assistance development program described 
                in chapters 2 and 4, respectively, of subtitle 
                A of title VII.
  [(b) Foreclosure and Eviction Assistance and Relief Services 
Demonstration Programs.--
          [(1) Grants.--The Assistant Secretary shall make 
        grants to States to carry out demonstration programs to 
        develop methods or implement laws--
                  [(A) to prevent or delay the foreclosure on 
                housing owned and occupied by older individuals 
                or the eviction of older individuals from 
                housing the individuals rent;
                  [(B) to obtain alternative housing as a 
                result of such foreclosure or eviction; and
                  [(C) to assist older individuals to 
                understand the rights and obligations of the 
                individuals under laws relating to housing 
                ownership and occupancy.
          [(2) Notification process.--A State that receives a 
        grant under paragraph (1) shall establish methods, 
        including a notification process--
                  [(A) to assist older individuals who are 
                incapable of, or have difficulty in, 
                understanding the circumstances and 
                consequences of foreclosure on or eviction from 
                housing the individuals occupy; and
                  [(B) to coordinate the program for which such 
                grant is received with the activities of tenant 
                organizations, tenant-landlord mediation 
                organizations, public housing entities, and 
                area agencies on aging, to provide more 
                effectively assistance or referral to services 
                to relocate or prevent eviction of older 
                individuals from housing the individuals 
                occupy.
  [(c) Evaluations and Reports.--
          [(1) Agencies.--Each agency or State that receives a 
        grant under subsection (a) or (b) to establish a 
        demonstration program shall, not later than 3 months 
        after the end of the period for which the grant is 
        awarded--
                  [(A) evaluate the effectiveness of the 
                program; and
                  [(B) submit a report containing the 
                evaluation to the Assistant Secretary.
          [(2) Assistant Secretary.--The Assistant Secretary 
        shall, not later than 6 months after the end of the 
        period for which the Assistant Secretary awards a grant 
        under subsection (a) or (b)--
                  [(A) evaluate the effectiveness of each 
                demonstration program that receives the grant; 
                and
                  [(B) submit a report containing the 
                evaluation to the Speaker of the House of 
                Representatives and the President pro tempore 
                of the Senate.

[SEC. 429H. PRIVATE RESOURCE ENHANCEMENT PROJECTS.

  [(a) Grants.--
          [(1) In general.--The Assistant Secretary may make 
        grants to, and enter into contracts with, State 
        agencies and area agencies on aging, to carry out 
        demonstration projects that generate non-Federal 
        resources (including cash and in-kind contributions), 
        in order to increase resources available to provide 
        additional services under title III.
          [(2) Maintenance of resources.--Resources generated 
        with a grant made, or contract entered into, under 
        subsection (a) shall be in addition to, and may not be 
        used to supplant, any resource that is or would 
        otherwise be available under any Federal, State, or 
        local law to a State, State agency, area agency on 
        aging, or unit of general purpose local government (as 
        defined in section 302(2)) to provide such services.
          [(3) Use of resources.--Resources generated with a 
        grant made, or a contract entered into, under 
        subsection (a) shall be used to provide supportive 
        services in accordance with title III. The requirements 
        under this Act that apply to funds received under title 
        III by States to carry out title III shall apply with 
        respect to such resources.
  [(b) Award of Grants and Contracts.--
          [(1) Regional distribution.--The Assistant Secretary 
        shall ensure that States and area agencies on aging in 
        all standard Federal regions of the United States, 
        established by the Office of Management and Budget, 
        receive grants and contracts under subsection (a) on an 
        equitable basis.
          [(2) Distribution based on need.--Within such 
        regions, the Assistant Secretary shall give preference 
        to applicants that provide services under title III in 
        geographical areas that contain a large number of older 
        individuals with greatest economic need or older 
        individuals with greatest social need.
  [(c) Monitoring.--The Assistant Secretary shall monitor how--
          [(1) grants are expended, and contracts are carried 
        out, under subsection (a); and
          [(2) resources generated under such grants and 
        contracts are expended,
to ensure compliance with this section.

[SEC. 429I. CAREER PREPARATION FOR THE FIELD OF AGING.

  [(a) 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.
  [(b) Definitions.--For purposes of subsection (a):
          [(1) 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--
                  [(A) has a significant number of Hispanic 
                individuals enrolled in the program, including 
                individuals accepted for enrollment in the 
                program;
                  [(B) has been effective in assisting Hispanic 
                students of the program to complete the program 
                and receive the degree involved;
                  [(C) 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
                  [(D) has made significant recruitment efforts 
                to increase the number and placement of 
                Hispanic individuals serving in faculty or 
                administrative positions in the program.
          [(2) 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)).

[SEC. 429J. PENSION RIGHTS DEMONSTRATION PROJECTS.

  [(a) Definitions.--As used in this section:
          [(1) Pension rights information program.--The term 
        ``pension rights information program'' means a program 
        described in subsection (c).
          [(2) 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--
                  [(A) the Social Security program under title 
                II of the Social Security Act (42 U.S.C. 401 et 
                seq.);
                  [(B) the railroad retirement program under 
                the Railroad Retirement Act of 1974 (45 U.S.C. 
                231 et seq.);
                  [(C) 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
                  [(D) the Employee Retirement Income Security 
                Act of 1974 (29 U.S.C. 1001 et seq.).
  [(b) Establishment.--The Assistant Secretary shall establish 
and carry out pension rights demonstration projects.
  [(c) Pension Rights Information Programs.--
          [(1) Use of funds.--In carrying out the projects 
        specified in subsection (b), the Assistant Secretary 
        shall, to the extent appropriations are available, 
        award grants to six 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.
          [(2) Award of grants.--
                  [(A) Type of entity.--The Assistant Secretary 
                shall award under this subsection--
                          [(i) four grants to State agencies or 
                        area agencies on aging; and
                          [(ii) two grants to nonprofit 
                        organizations with a proven record of 
                        providing--
                                  [(I) services related to 
                                retirement of older 
                                individuals; or
                                  [(II) specific pension rights 
                                counseling.
                  [(B) 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.
                  [(C) 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.
          [(3) Application.--
                  [(A) 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, including, at a 
                minimum--
                          [(i) a plan for the establishment of 
                        a pension rights information program to 
                        serve a specific geographic area; and
                          [(ii) an assurance that staff members 
                        (including volunteer staff members) 
                        have no conflict of interest in 
                        providing the services described in the 
                        plan.
                  [(B) Plan.--The plan described in paragraph 
                (1) 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 subsection 
                        (a)(1);
                          [(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 subsection (a)(1);
                          [(viii) makes recommendations to the 
                        Administration, the Department of Labor 
                        and other local, State, and Federal 
                        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.
  [(d) Training Program.--
          [(1) Use of funds.--In carrying out the projects 
        described in subsection (b), the Assistant Secretary 
        shall, to the extent appropriations are available, 
        award a grant to an eligible entity to establish a 
        training program to provide--
                  [(A) information to the staffs of entities 
                operating pension rights information programs; 
                and
                  [(B) assistance to the entities and assist 
                such entities in the design of program 
                evaluation tools.
          [(2) 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.
          [(3) 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.
  [(e) Duration.--The Assistant Secretary may award grants 
under subsection (c) or (d) for periods not to exceed 18 
months.
  [(f) Report to Congress.--
          [(1) Preparation.--The Assistant Secretary shall 
        prepare a report that--
                  [(A) summarizes the distribution of funds 
                authorized for grants under this section and 
                the expenditure of such funds;
                  [(B) summarizes the scope and content of 
                training and assistance provided under a 
                program carried out under this section and the 
                degree to which the training and assistance can 
                be replicated;
                  [(C) outlines the problems that individuals 
                participating in programs funded under this 
                section encountered concerning rights related 
                to pension and other retirement benefits; and
                  [(D) makes recommendations regarding the 
                manner in which services provided in programs 
                funded under this section can be incorporated 
                into the ongoing programs of State agencies, 
                area agencies on aging, multipurpose senior 
                centers, and other similar entities.
          [(2) Submission.--Not later than 30 months after the 
        date of the enactment of this section, the Assistant 
        Secretary shall submit the report described in 
        paragraph (1) to the Committee on Education and Labor 
        of the House of Representatives and the Committee on 
        Labor and Human Resources of the Senate.
  [(g) Administrative Expenses.--Of the funds appropriated 
under section 431(a)(1) to carry out this section for a fiscal 
year, not more than $100,000 may be used by the Administration 
for administrative expenses in carrying out this section.

                      [Part C--General Provisions

                    authorization of appropriations

  [Sec. 431. (a)(1) There are authorized to be appropriated to 
carry out the provisions of this title (other than the 
provision specified in subsection (b)) $72,000,000 for fiscal 
year 1992, and such sums as may be necessary for fiscal years 
1993, 1994, and 1995.
  [(2) Not less than 1 percent of the amount appropriated under 
paragraph (1) for each fiscal year shall be made available to 
carry out section 202(d).
  [(b) There are authorized to be appropriated to carry out 
section 411(e), $450,000 for each of fiscal years 1992, 1993, 
1994, and 1995.
  [(c) No funds appropriated under this title--
          [(1) may be transferred to any office or other 
        authority of the Federal Government which is not 
        directly responsible to the Assistant Secretary;
          [(2) may be used for any program or activity which is 
        not specifically authorized by this title; or
          [(3) may be combined with funds appropriated under 
        any other Act if the purpose of combining funds is to 
        make a single discretionary grant or a single 
        discretionary payment, unless such funds appropriated 
        under this title are separately identified in such 
        grant or payment and are used for the purposes of this 
        title.

                          [payments of grants

  [Sec. 432. (a) To the extent the Assistant Secretary deems it 
appropriate, the Assistant Secretary shall require the 
recipient of any grant or contract under this title to 
contribute money, facilities, or services for carrying out the 
project for which such grant or contract was made.
  [(b) Payments under this title pursuant to a grant or 
contract may be made (after necessary adjustment, in the case 
of grants, on account of previously made overpayments or 
underpayments) in advance or by way of reimbursement, and in 
such installments and on such conditions, as the Assistant 
Secretary may determine.
  [(c) The Assistant Secretary shall make no grant or contract 
under this title in any State which has established or 
designated a State agency for purposes of title III unless the 
Assistant Secretary--
          [(1) consults with the State agency prior to issuing 
        the grant or contract; and
          [(2) informs the State agency of the purposes of the 
        grant or contract when the grant or contract is issued.

                [responsibilities of assistant secretary

  [Sec. 433. (a) The Assistant Secretary shall be responsible 
for the administration, implementation, and making of grants 
and contracts under this title and shall not delegate authority 
under this title to any other individual, agency, or 
organization.
  [(b)(1) Not later than January 1 following each fiscal year, 
the Assistant Secretary shall submit, to the Speaker of the 
House of Representatives and the President pro tempore of the 
Senate, a report for such fiscal year that describes each 
project and each program--
          [(A) for which funds were provided under this title; 
        and
          [(B) that was completed in the fiscal year for which 
        such report is prepared.
  [(2) Such report shall contain--
          [(A) the name or descriptive title of each project or 
        program;
          [(B) the name and address of the individual or 
        governmental entity that conducted such project or 
        program;
          [(C) a specification of the period throughout which 
        such project or program was conducted;
          [(D) the identity of each source of funds expended to 
        carry out such project or program and the amount of 
        funds provided by each such source;
          [(E) an abstract describing the nature and operation 
        of such project or program; and
          [(F) a bibliography identifying all published 
        information relating to such project or program.
  [(c)(1) The Assistant Secretary shall establish by regulation 
and implement a process to evaluate the results of projects and 
programs carried out under this title.
  [(2) The Assistant Secretary shall--
          [(A) make available to the public each evaluation 
        carried out under paragraph (1); and
          [(B) use such evaluation to improve services 
        delivered, or the operation of projects and programs 
        carried out, under this Act.

       [TITLE V--COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS

                              [short title

  [Sec. 501. This title may be cited as the ``Older American 
Community Service Employment Act''.

          [older american community service employment program

  [Sec. 502. (a) In order to foster and promote useful part-
time opportunities in community service activities for 
unemployed low-income persons who are fifty-five years old or 
older and who have poor employment prospects, the Secretary of 
Labor (hereinafter in this title referred to as the 
``Secretary'') is authorized to establish an older American 
community service employment program.
  [(b)(1) In order to carry out the provisions of this title, 
the Secretary is authorized to enter into agreements with 
public or private nonprofit agencies or organizations, 
including national organizations, agencies of a State 
government or a political subdivision of a State (having 
elected or duly appointed governing officials), or a 
combination of such political subdivisions, or tribal 
organizations in order to further the purposes and goals of the 
program. Such agreements may include provisions for the payment 
of costs, as provided in subsection (c), of projects developed 
by such organizations and agencies in cooperation with the 
Secretary in order to make the program effective or to 
supplement the program. No payment shall be made by the 
Secretary toward the cost of any project established or 
administered by any such organization or agency unless the 
Secretary determines that such project--
          [(A) will provide employment only for eligible 
        individuals, except for necessary technical, 
        administrative, and supervisory personnel, but such 
        personnel shall, to the fullest extent possible, be 
        recruited from among eligible individuals;
          [(B) will provide employment for eligible individuals 
        in the community in which such individuals reside, or 
        in nearby communities;
          [(C) will employ eligible individuals in services 
        related to publicly owned and operated facilities and 
        projects, or projects sponsored by organizations, other 
        than political parties, exempt from taxation under the 
        provisions of section 501(c)(3) of the Internal Revenue 
        Code of 1986, except projects involving the 
        construction, operation, or maintenance of any facility 
        used or to be used as a place for sectarian religious 
        instruction or worship;
          [(D) will contribute to the general welfare of the 
        community;
          [(E) will provide employment for eligible 
        individuals;
          [(F)(i) will result in an increase in employment 
        opportunities over those opportunities which would 
        otherwise be available; (ii) will 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) will 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) will not employ or continue to employ any 
        eligible individual to perform work the same or 
        substantially the same as that performed by any other 
        person who is on layoff;
          [(H) will utilize methods of recruitment and 
        selection (including listing of job vacancies with the 
        employment agency operated by any State or political 
        subdivision thereof) which will assure that the maximum 
        number of eligible individuals will have an opportunity 
        to participate in the project;
          [(I) will include such training as may be necessary 
        to make the most effective use of the skills and 
        talents of those individuals who are participating, and 
        will provide for the payment of the reasonable expenses 
        of individuals being trained, including a reasonable 
        subsistence allowance;
          [(J) will assure that safe and healthy conditions of 
        work will be provided, and will assure that individuals 
        employed in community service jobs assisted under this 
        title shall be paid wages which shall not be lower than 
        whichever is the highest of (i) the minimum wage which 
        would be applicable to the employee under the Fair 
        Labor Standards Act of 1938, if section 6(a)(1) of such 
        Act applied to the participant and if the participant 
        were not exempt under section 13 thereof, (ii) the 
        State or local minimum wage for the most nearly 
        comparable covered employment, or (iii) the prevailing 
        rates of pay for individuals employed in similar public 
        occupations by the same employer;
          [(K) will be established or administered with the 
        advice of persons competent in the field of service in 
        which employment is being provided, and of persons who 
        are knowledgeable with regard to the needs of older 
        persons;
          [(L) will authorize pay for necessary transportation 
        costs of eligible individuals which may be incurred in 
        employment in any project funded under this title, in 
        accordance with regulations promulgated by the 
        Secretary;
          [(M) will assure, that to the extent feasible, such 
        project will serve the needs of minority, limited 
        English-speaking, and Indian eligible individuals, and 
        eligible individuals who have greatest economic need, 
        at least in proportion to their numbers in the State 
        and take into consideration their rates of poverty and 
        unemployment;
          [(N)(i) will prepare an assessment of--
                  [(I) the participants' skills and talents;
                  [(II) their need for supportive services; and
                  [(III) their physical capabilities;
        except to the extent such 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 (such as a program under the Job 
        Training Partnership Act (29 U.S.C. 1501 et seq.) or 
        the Carl D. Perkins Vocational and Applied Technology 
        Education Act (20 U.S.C. 2301 et seq.));
          [(ii) will provide to eligible individuals training 
        and employment counseling based on strategies that 
        identify appropriate employment objectives and the need 
        for supportive services, developed as a result of the 
        assessment provided for in clause (i); and
          [(iii) will provide counseling to participants on 
        their progress in meeting such objectives and 
        satisfying their need for supportive services;
          [(O) will authorize funds to be used, to the extent 
        feasible, to include individuals participating in such 
        project under any State unemployment insurance plan; 
        and
          [(P) will post in such project workplace a notice, 
        and will make available to each person associated with 
        such 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 such project and containing 
        the address and telephone number of the Inspector 
        General of the Department of Labor, to whom questions 
        regarding the application of such chapter may be 
        addressed.
  [(2) The Secretary is authorized to establish, issue, and 
amend such regulations as may be necessary to effectively carry 
out the provisions of this title.
  [(3) The Secretary shall develop alternatives for innovative 
work modes and provide technical assistance in creating job 
opportunities through work sharing and other experimental 
methods to prime sponsors, labor organizations, groups 
representing business and industry and workers as well as to 
individual employers, where appropriate.
  [(4) The Secretary may enter into an agreement with the 
Administrator of the Environmental Protection Agency to 
establish a Senior Environmental Employment Corps.
  [(c)(1) The Secretary is authorized to pay not to exceed 90 
percent of the cost of any project which is the subject of an 
agreement entered into under subsection (b), except that the 
Secretary is authorized to pay all of the costs of any such 
project which is (A) an emergency or disaster project, or (B) a 
project located in an economically depressed area, as 
determined by the Secretary in consultation with the Secretary 
of Commerce and the Secretary of Health and Human Services.
  [(2) The non-Federal share shall be in cash or in kind. In 
determining the amount of the non-Federal share, the Secretary 
is authorized to attribute fair market value to services and 
facilities contributed from non-Federal sources.
  [(3) Of the amount for any project to be paid by the 
Secretary under this subsection, not more than 13.5 percent for 
fiscal year 1987 and each fiscal year thereafter shall be 
available for paying the costs of administration for such 
project, except that--
          [(A) whenever the Secretary determines that it is 
        necessary to carry out the project assisted under this 
        title, based on information submitted by the public or 
        private nonprofit agency or organization with which the 
        Secretary has an agreement under subsection (b), the 
        Secretary may increase the amount available for paying 
        the cost of administration to an amount not more than 
        15 percent of the cost of such project; and
          [(B) whenever the public or private nonprofit agency 
        or organization with which the Secretary has an 
        agreement under subsection (b) demonstrates to the 
        Secretary that--
                  [(i) major administrative cost increases are 
                being incurred in necessary program components, 
                including liability insurance, payments for 
                workers' compensation, costs associated with 
                achieving unsubsidized placement goals, and 
                other operation requirements imposed by the 
                Secretary;
                  [(ii) the number of employment positions in 
                the project or the number of minority eligible 
                individuals participating in the project will 
                decline if the amount available for paying the 
                cost of administration is not increased; or
                  [(iii) the size of the project is so small 
                that the amount of administrative expenses 
                incurred to carry out the project necessarily 
                exceed 13.5 percent of the amount for such 
                project;
        the Secretary shall increase the amount available for 
        the fiscal year for paying the cost of administration 
        to an amount not more than 15 percent of the cost of 
        such project.
  [(d)(1) Whenever a national organization or other program 
sponsor conducts a project within a planning and service area 
in a State such organization or program sponsor shall conduct 
such project in consultation with the area agency on aging of 
the planning and service area and shall submit to the State 
agency and the area agency on aging a description of such 
project to be conducted in the State, including the location of 
the project, 30 days prior to undertaking the project, for 
review and comment according to guidelines the Secretary shall 
issue to assure efficient and effective coordination of 
programs under this title.
  [(2) The Secretary shall review on his own initiative or at 
the request of any public or private nonprofit agency or 
organization, or an agency of the State government, the 
distribution of programs under this title within the State 
including the distribution between urban and rural areas within 
the State. For each proposed realloction of programs within a 
State, the Secretary shall give notice and opportunity for a 
hearing on the record by all interested individuals and make a 
written determination of his findings and decision.
  [(e)(1) The Secretary, in addition to any other authority 
contained in this title, shall conduct experimental projects 
designed to assure second career training and the placement of 
eligible individuals in employment opportunities with private 
business concerns. The Secretary shall enter into such 
agreements with States, public agencies, nonprofit private 
organizations and private business concerns as may be necessary 
to conduct the experimental projects authorized by this 
subsection. The Secretary from amounts reserved under section 
506(a)(2)(A) in any fiscal year, may pay all of the costs of 
any agreements entered into under the provisions of this 
subsection. The Secretary shall, to the extent feasible, assure 
equitable geographic distribution of projects authorized by 
this subsection.
  [(2) The Secretary shall issue, and amend from time to time, 
criteria designed to assure that agreements entered into under 
paragraph (1) of this subsection--
          [(A) will involve different kinds of work modes, such 
        as flextime, job sharing, and other arrangements 
        relating to reduced physical exertion;
          [(B) will emphasize projects involving second careers 
        and job placement and give consideration to placement 
        in growth industries and in jobs reflecting new 
        technological skills; and
          [(C) require the coordination of projects carried out 
        under such agreements, with the programs carried out 
        under section 124 of the Job Training Partnership Act 
        (29 U.S.C. 1534).
  [(3)(A) The Secretary shall carry out an evaluation of the 
second career training and job placement projects authorized by 
this subsection.
  [(B) The evaluation shall include but not be limited to the 
projects described in paragraph (2).
  [(C) The Secretary shall prepare and submit, not later than 
one year after the enactment of the Older Americans Act 
Amendments of 1981, to the Congress an interim report 
describing the agreements entered into under paragraph (1) and 
the design for the evaluation required by this paragraph. The 
Secretary shall prepare and submit to the President and the 
Congress a final report on the evaluation required by this 
paragraph. The Secretary shall prepare and submit to the 
President and the Congress a final report on the evaluation 
required by this paragraph not later than February 1, 1984, 
together with his findings and such recommendations, including 
recommendations for additional legislation, as the Secretary 
deems appropriate.
  [(D) The Secretary shall make the final report submitted 
under subparagraph (C) available to interested private business 
concerns.
  [(4) For the purpose of this subsection, ``eligible 
individual'' means any individual who is 55 years of age or 
older and who has an income equal to or less than the 
intermediate level retired couples budget as determined 
annually by the Bureau of Labor Statistics.

                            [administration

  [Sec. 503. (a)(1) In order to effectively carry out the 
provisions of this title, the Secretary shall, through the 
Assistant Secretary for Aging, consult with the State agency 
and the appropriate area agencies on aging established under 
section 305(a)(2) with regard to--
          [(A) the localities in which community service 
        projects of the type authorized by this title are most 
        needed;
          [(B) consideration of the employment situations and 
        the type of skills possessed by available local 
        individuals who are eligible to participate; and
          [(C) potential projects and the number and percentage 
        of eligible individuals in the local population.
  [(2) The Secretary of Labor and the Assistant Secretary for 
Aging shall coordinate the programs under this title and the 
programs under titles III, IV, and VI to increase job 
opportunities available to older individuals.
  [(b)(1) The Secretary shall coordinate the program assisted 
under this title with programs authorized under the Job 
Training Partnership Act, the Community Services Block Grant 
Act, and the Vocational Education Act of 1984. The Secretary 
shall coordinate the administration of this title with the 
administration of titles III, IV, and VI by the Assistant 
Secretary for Aging, to increase the likelihood that eligible 
individuals for whom employment opportunities under this title 
are available and who need services under such titles receive 
such services. Appropriations under this Act may not be used to 
carry out any program under the Job Training Partnership Act, 
the Community Services Block Grant Act, or the Vocational 
Education Act of 1984. The preceding sentence shall not be 
construed to prohibit carrying out projects under this title 
jointly with programs, projects, or activities under any Act 
specified in such sentence.
  [(2) The Secretary shall distribute to grantees under this 
title, for distribution to program enrollees, and at no cost to 
grantees or enrollees, information materials developed and 
supplied by the Equal Employment Opportunity Commission and 
other appropriate Federal agencies which the Secretary 
determines are designed to help enrollees identify age 
discrimination and understand their rights under the Age 
Discrimination in Employment Act of 1967.
  [(c) In carrying out the provisions of this title, the 
Secretary is authorized to use, with their consent, the 
services, equipment, personnel, and facilities of Federal and 
other agencies with or without reimbursement, and on a similar 
basis to cooperate with other public and private agencies and 
instrumentalities in the use of services, equipment, and 
facilities.
  [(d) Payments under this title may be made in advance or by 
way of reimbursement and in such installments as the Secretary 
may determine.
  [(e) The Secretary shall not delegate any function of the 
Secretary under this title to any other department or agency of 
the Federal Government.
  [(f) In carrying out the provisions of this title, the 
Secretary may fund and expand projects concerning the Senior 
Environmental Employment Corps and energy conservation from 
sums appropriated under section 508 for such fiscal year.

                  [participants not federal employees

  [Sec. 504. (a) Eligible individuals who are employed in any 
project funded under this title shall not be considered to be 
Federal employees as a result of such employment and shall not 
be subject to the provisions of part III of title 5, United 
States Code.
  [(b) No contract shall be entered into under this title with 
a contractor who is, or whose employees are, under State law, 
exempted from operation of the State workmen's compensation 
law, generally applicable to employees, unless the contractor 
shall undertake to provide either through insurance by a 
recognized carrier, or by self-insurance, as authorized by 
State law, that the persons employed under the contract shall 
enjoy workmen's compensation coverage equal to that provided by 
law for covered employment.

                        [interagency cooperation

  [Sec. 505. (a) The Secretary shall consult with, and obtain 
the written views of, the Assistant Secretary for Aging prior 
to the establishment of rules or the establishment of general 
policy in the administration of this title.
  [(b) The Secretary shall consult and cooperate with the 
Director of the Office of Community Services, the Secretary of 
Health and Human Services, and the heads of other Federal 
agencies carrying out related programs, in order to achieve 
optimal coordination with such other programs. In carrying out 
the provisions of this section, the Secretary shall promote 
programs or projects of a similar nature. Each Federal agency 
shall cooperate with the Secretary in disseminating information 
relating to the availability of assistance under this title and 
in promoting the identification and interests of individuals 
eligible for employment in projects assisted under this title.
  [(c) In administering projects under this title concerning 
the Senior Environmental Employment Corps and energy 
conservation, the Secretary shall consult with the 
Administrator of the Environmental Protection Agency and the 
Secretary of Energy and shall enter into an agreement with the 
Administrator and the Secretary of Energy to coordinate 
programs conducted by them with such projects.
  [(d)(1) The Secretary shall promote and coordinate carrying 
out projects under this title jointly with programs, projects, 
or activities under other Acts that provide training and 
employment opportunities to eligible individuals.
  [(2) The Secretary shall consult with the Secretary of 
Education to promote and coordinate carrying out projects under 
this title jointly with employment and training programs in 
which eligible individuals may participate that are carried out 
under the Carl D. Perkins Vocational and Applied Technology 
Education Act (20 U.S.C. 2301 et seq.).

                 [equitable distribution of assistance

  [Sec. 506. (a)(1)(A) Subject to subparagraph (B) and 
paragraph (2), from sums appropriated under this title for each 
fiscal year, the Secretary shall first reserve such sums as may 
be necessary for national grants or contracts with public 
agencies and public or nonprofit private organizations to 
maintain the level of activities carried on under such grants 
or contracts at least at the level of such activities supported 
under this title and under any other provision of Federal law 
relating to community service employment programs for older 
Americans in fiscal year 1978.
  [(B)(i)(I) For each fiscal year in which the sums 
appropriated under this title exceed the amount appropriated 
under this title for fiscal year 1978, the Secretary shall 
reserve not more than 45 percent of such excess, except as 
provided in subclause (II), to carry out clauses (ii), (iii), 
and (v).
  [(II) The Secretary shall reserve a sum sufficient to carry 
out clauses (iii) and (v).
  [(III) The Secretary in awarding grants and contracts under 
this paragraph from the sum reserved under this paragraph 
shall, to the extent feasible, assure an equitable distribution 
of activities under such grants and contracts designed to 
achieve the allotment among the States described in paragraph 
(3) of this subsection.
  [(ii) The Secretary shall reserve such sums as may be 
necessary for national grants or contracts with public or 
nonprofit national Indian aging organizations with the ability 
to provide employment services to older Indians and with 
national public or nonprofit Pacific Island and Asian American 
aging organizations with the ability to provide employment 
services to older Pacific Island and Asian Americans.
  [(iii) If the amount appropriated under this title for a 
fiscal year exceeds 102 percent of the amount appropriated 
under this title for fiscal year 1991, for each fiscal year 
described in clause (iv), the Secretary shall reserve for 
recipients of national grants and contracts under this 
paragraph such portion of the excess amount as the Secretary 
determines to be appropriate and is--
          [(I) at least 25 percent of the excess amount; or
          [(II) the portion required to increase the amount 
        made available under this paragraph to each of the 
        recipients so that the amount equals 1.3 percent of the 
        amount appropriated under this title for fiscal year 
        1991.
  [(iv) From the portion reserved under clause (iii), the 
Secretary shall increase the amount made available under this 
paragraph to each of the recipients--
          [(I) for each fiscal year before the fiscal year 
        described in subclause (II), so that such amount 
        equals, or more closely approaches, such 1.3 percent; 
        and
          [(II) for the first fiscal year for which the portion 
        is sufficient to make available under this paragraph to 
        each of the recipients the amount equal to such 1.3 
        percent, so that such amount is not less than such 1.3 
        percent.
  [(v) For each fiscal year after the fiscal year described in 
clause (iv)(II), the Secretary shall make available under this 
paragraph to each of the recipients an amount not less than 
such 1.3 percent.
  [(C) Preference in awarding grants and contracts under this 
paragraph shall be given to national organizations, and 
agencies, of proven ability in providing employment services to 
eligible individuals under this program and similar programs. 
The Secretary, in awarding grants and contracts under this 
section, shall, to the extent feasible, assure an equitable 
distribution of activities under such grants and contracts, in 
the aggregate, among the States, taking into account the needs 
of underserved States, subject to subparagraph (B)(i)(III).
  [(2)(A) From sums appropriated under this title for each 
fiscal year after September 30, 1978, the Secretary shall 
reserve an amount which is at least 1 percent and not more than 
3 percent of the amount appropriated in excess of the amount 
appropriated for fiscal year 1978 for the purpose of entering 
into agreements under section 502(e), relating to improved 
transition to private employment.
  [(B) After the Secretary makes the reservations required by 
paragraph (1)(B) and subparagraph (A), the remainder of such 
excess shall be allotted to the appropriate public agency of 
each State pursuant to paragraph (3).
  [(3) The Secretary shall allot to the State agency on aging 
of each State the remainder of the sums appropriated for any 
fiscal year under section 508 so that each State will receive 
an amount which bears the same ratio to such remainder as the 
product of the number of persons aged fifty-five or over in the 
State and the allotment percentage of such State bears to the 
sum of the corresponding product for all States, except that 
(A) no State shall be allotted less than one-half of 1 percent 
of the remainder of the sums appropriated for the fiscal year 
for which the determination is made, or $100,000, whichever is 
greater, and (B) Guam, American Samoa, the Commonwealth of the 
Northern Mariana Islands, the United States Virgin Islands, and 
the Trust Territory of the Pacific Islands shall each be 
allotted an amount which is not less than one-fourth of 1 
percent of the remainder of the sums appropriated for the 
fiscal year for which the determination is made, or $50,000, 
whichever is greater. For the purpose of the exception 
contained in this paragraph the term ``State'' does not include 
Guam, American Samoa, the Commonwealth of the Northern Mariana 
Islands, the United States Virgin Islands, and the Trust 
Territory of the Pacific Islands.
  [(4) For the purpose of this subsection--
          [(A) 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 such 
        State bears to the per capita income of the United 
        States, except that (i) the allotment percentage shall 
        in no case be more than 75 percent or less than 33\1/3\ 
        percent, and (ii) the allotment percentage for the 
        District of Columbia, the Commonwealth of Puerto Rico, 
        Guam, the United States Virgin Islands, American Samoa, 
        the Commonwealth of the Northern Mariana Islands, and 
        the Trust Territory of the Pacific Islands shall be 75 
        percent;
          [(B) the number of persons aged fifty-five or over in 
        any State and in all States, and the per capita income 
        in any State and in all States, shall be determined by 
        the Secretary on the basis of the most satisfactory 
        data available to the Secretary; and
          [(C) for the purpose of determining the allotment 
        percentage, the term ``United States'' means the fifty 
        States and the District of Columbia.
  [(b) The amount allotted for projects within any State under 
subsection (a) for any fiscal year which the Secretary 
determines will not be required for such year shall be 
reallotted, from time to time and on such dates during such 
year as the Secretary may fix, to projects within other States 
in proportion to the original allotments to projects within 
such States under subsection (a) for such year, but with such 
proportionate amount for any of such other States being reduced 
to the extent it exceeds the sum the Secretary estimates that 
projects within such State need and will be able to use for 
such year; and the total of such reductions shall be similarly 
reallotted among the States whose proportionate amounts were 
not so reduced. Any amount reallotted to a State under this 
subsection during a year shall be deemed part of its allotment 
under subsection (a) for such year.
  [(c) The amount apportioned for projects within each State 
under subsection (a) shall be apportioned among areas within 
each such State in an equitable manner, taking into 
consideration (1) the proportion which eligible individuals in 
each such area bears to the total number of such individuals, 
respectively, in that State, (2) the relative distribution of 
such individuals residing in rural and urban areas within the 
State, and (3) the relative distribution of (A) such 
individuals who are individuals with greatest economic need, 
(B) such individuals who are minority individuals, and (C) such 
individuals who are individuals with greatest social need.
  [(d) The Secretary shall require the State agency for each 
State receiving funds under this title to report at the 
beginning of each fiscal year on such State's compliance with 
subsection (c). Such report shall include the names and 
geographic location of all projects assisted under this title 
and carried out in the State and the amount allotted to each 
such project.

                              [definitions

  [Sec. 507. As used in this title--
          [(1) the term ``eligible individual'' means an 
        individual who is fifty-five years old or older, who 
        has a low income (including any such individual whose 
        income is not more than 125 percent of the poverty 
        line), except that, pursuant to regulations prescribed 
        by the Secretary, any such individual who is sixty 
        years old or older shall have priority for the work 
        opportunities provided for under this title;
          [(2) the term ``community service'' means social, 
        health, welfare, and educational services (particularly 
        literacy tutoring), legal and other counseling services 
        and assistance, including tax counseling and assistance 
        and financial counseling, and library, recreational, 
        and other similar services; conservation, maintenance, 
        or restoration of natural resources; community 
        betterment or beautification; antipollution and 
        environmental quality efforts; weatherization 
        activities; economic development; and such other 
        services essential and necessary to the community as 
        the Secretary, by regulation, may prescribe;
          [(3) the term ``program'' means the older American 
        community service employment program established under 
        this title; and
          [(4) the term ``Pacific Island and Asian Americans'' 
        means Americans having origins in any of the original 
        peoples of the Far East, Southeast Asia, the Indian 
        Subcontinent, or the Pacific Islands.

                    [authorization of appropriations

  [Sec. 508. (a) There is authorized to be appropriated to 
carry out this title--
          [(1) $470,671,000 for fiscal year 1992, and such sums 
        as may be necessary for fiscal years 1993, 1994, and 
        1995; and
          [(2) such additional sums as may be necessary for 
        each such fiscal year to enable the Secretary, through 
        programs under this title, to provide for at least 
        70,000 part-time employment positions for eligible 
        individuals.
For purposes of paragraph (2), ``part-time employment 
position'' means an employment position within a workweek of at 
least 20 hours.
  [(b) Amounts appropriated under this section for any fiscal 
year shall be used during the annual period which begins on 
July 1 of the calendar year immediately following the beginning 
of such fiscal year and which ends on June 30 of the following 
calendar year. The Secretary may extend the period during which 
such amounts may be obligated or expended in the case of a 
particular organization or agency receiving funds under this 
title if the Secretary determines that such extension is 
necessary to ensure the effective use of such funds by such 
organization or agency. Any such extension shall be for a 
period of not more than 60 days after the end of such annual 
period.

   employment assistance and federal housing and food stamp programs

  [Sec. 509. Funds received by eligible individuals from 
projects carried out under the program established in 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 persons, 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. 510. DUAL ELIGIBILITY.

  [In the case of projects under this title carried out jointly 
with programs carried out under the Job Training Partnership 
Act, eligible individuals shall be deemed to satisfy the 
requirements of sections 203 and 204(d)(5)(A) of such Act (29 
U.S.C. 1603, 1604(d)(5)(A)) that are applicable to adults.

[SEC. 511. TREATMENT OF ASSISTANCE.

  [Assistance furnished under this title shall not be construed 
to be financial assistance described in section 245A(h)(1)(A) 
of the Immigration and Nationality Act (8 U.S.C. 
1255a(h)(1)(A)).

                 [TITLE VI--GRANTS FOR NATIVE AMERICANS

                          statement of purpose

  [Sec. 601. It is the purpose of this title to promote the 
delivery of supportive services, including nutrition services 
to American Indians, Alaskan Natives, and Native Hawaiians that 
are comparable to services provided under title III.

                           sense of congress

  [Sec. 602. It is the sense of the Congress that older 
individuals who are Indians, older individuals who are Alaskan 
Natives, and older individuals who are Native Hawaiians are a 
vital resource entitled to all benefits and services available 
and that such services and benefits should be provided in a 
manner that preserves and restores their respective dignity, 
self-respect, and cultural identities.

                        [Part A--Indian Program

                                findings

  [Sec. 611. (a) The Congress finds that the older individuals 
who are Indians of the United States--
          [(1) are a rapidly increasing population;
          [(2) suffer from high unemployment;
          [(3) live in poverty at a rate estimated to be as 
        high as 61 percent;
          [(4) have a life expectancy between 3 and 4 years 
        less than the general population;
          [(5) lack sufficient nursing homes, other long-term 
        care facilities, and other health care facilities;
          [(6) lack sufficient Indian area agencies on aging;
          [(7) frequently live in substandard and over-crowded 
        housing;
          [(8) receive less than adequate health care;
          [(9) are served under this title at a rate of less 
        than 19 percent of the total national population of 
        older individuals who are Indians living on Indian 
        reservations; and
          [(10) are served under title III at a rate of less 
        than 1 percent of the total participants under that 
        title.

                              eligibility

  [Sec. 612. (a) A tribal organization of an Indian tribe is 
eligible for assistance under this part only if--
          [(1) the tribal organization represents at least 50 
        individuals who are 60 years of age or older; and
          [(2) the tribal organization demonstrates the ability 
        to deliver supportive services, including nutritional 
        services.
  [(b) For the purposes of this part the terms ``Indian tribe'' 
and ``tribal organization'' have the same meaning as in section 
4 of the Indian Self-Determination and Education Assistance Act 
(25 U.S.C. 450b).

                           grants authorized

  [Sec. 613. The Assistant Secretary may make grants to 
eligible tribal organizations to pay all of the costs for 
delivery of supportive services and nutrition services for 
older individuals who are Indians.

                              applications

  [Sec. 614. (a) No grant may be made under this part unless 
the eligible tribal organization submits an application to the 
Assistant Secretary which meets such criteria as the Assistant 
Secretary may by regulation prescribe. Each such application 
shall--
          [(1) provide that the eligible tribal organization 
        will evaluate the need for supportive and nutrition 
        services among older individuals who are Indians to be 
        represented by the tribal organizations;
          [(2) provide for the use of such methods of 
        administration as are necessary for the proper and 
        efficient administration of the program to be assisted;
          [(3) provide that the tribal 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 assure the 
        correctness of such reports;
          [(4) provide for periodic evaluation of activities 
        and projects carried out under the application;
          [(5) establish objectives consistent with the 
        purposes of this part toward which activities under the 
        application will be directed, identify obstacles to the 
        attainment of such objectives, and indicate the manner 
        in which the tribal organization proposes to overcome 
        such obstacles;
          [(6) provide for establishing and maintaining 
        information and assistance services to assure that 
        older individuals who are Indians to be served by the 
        assistance made available under this part will have 
        reasonably convenient access to such services;
          [(7) provide a preference for older individuals who 
        are Indians for full or part-time staff positions 
        whenever feasible;
          [(8) provide assistance that either directly or by 
        way of grant or contract with appropriate entities 
        nutrition services will be delivered to older 
        individuals who are Indians represented by the tribal 
        organization substantially in compliance with the 
        provisions of part C of title III, except that in any 
        case in which the need for nutritional services for 
        older individuals who are Indians represented by the 
        tribal organization is already met from other sources, 
        the tribal organization may use the funds otherwise 
        required to be expended under this paragraph for 
        supportive services;
          [(9) contain assurance that the provisions of 
        sections 307(a)(14)(A) (i) and (iii), 307(a)(14)(B), 
        and 307(a)(14)(C) will be complied with whenever the 
        application contains provisions for the acquisition, 
        alteration, or renovation of facilities to serve as 
        multipurpose senior centers;
          [(10) provide that any legal or ombudsman services 
        made available to older individuals who are Indians 
        represented by the tribal organization will be 
        substantially in compliance with the provisions of 
        title III relating to the furnishing of similar 
        services;
          [(11) provide satisfactory assurance that fiscal 
        control and fund accounting procedures will be adopted 
        as may be necessary to assure proper disbursement of, 
        and accounting for, Federal funds paid under this part 
        to the tribal organization, including any funds paid by 
        the tribal organization to a recipient of a grant or 
        contract; and
          [(12) contain assurances that the tribal organization 
        will coordinate services provided under this part with 
        services provided under title III in the same 
        geographical area.
  [(b) For the purpose of any application submitted under this 
part, the tribal organization may develop its own population 
statistics, with certification from the Bureau of Indian 
Affairs, in order to establish eligibility.
  [(c) The Assistant Secretary shall approve any application 
which complies with the provisions of subsection (a).
  [(d) 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 tribal 
        organization within 60 days after such decision;
          [(2) provide to the extent practicable technical 
        assistance to the tribal organization to overcome such 
        stated objections; and
          [(3) provide the tribal organization with a hearing, 
        under such rules and regulations as the Assistant 
        Secretary may prescribe.
  [(e) Whenever the Assistant Secretary approves an application 
of a tribal organization under this part, funds shall be 
awarded for not less than 12 months.

[SEC. 614A. DISTRIBUTION OF FUNDS AMONG TRIBAL ORGANIZATIONS.

  [(a) Maintenance of 1991 Amounts.--Subject to the 
availability of appropriations to carry out this part, the 
amount of the grant (if any) made under this part to a tribal 
organization for fiscal year 1992 and for each subsequent 
fiscal year shall be not less than the amount of the grant made 
under this part to the tribal organization for fiscal year 
1991.
  [(b) Use of Additional Amounts Appropriated.--If the funds 
appropriated to carry out this part in a fiscal year subsequent 
to fiscal year 1991 exceed the funds appropriated to carry out 
this part in fiscal year 1991, then the amount of the grant (if 
any) made under this part to a tribal organization for the 
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 this part to the tribal 
        organization for fiscal year 1980; or
          [(2) an amount the Assistant Secretary considers to 
        be sufficient if the tribal organization did not 
        receive a grant under this part for either fiscal year 
        1980 or fiscal year 1991.

                     surplus educational facilities

  [Sec. 615. (a) Notwithstanding any other provision of law, 
the Secretary of the Interior through the Bureau of Indian 
Affairs shall make available surplus Indian educational 
facilities to tribal organizations, and nonprofit organizations 
with tribal approval, for use as multipurpose senior centers. 
Such centers may be altered so as to provide extended care 
facilities, community center facilities, nutrition services, 
child care services, and other supportive services.
  [(b) Each eligible tribal organization desiring to take 
advantage of such surplus facilities shall submit an 
application to the Secretary of the Interior at such time and 
such manner, and containing or accompanied by such information, 
as the Secretary of the Interior determines to be necessary to 
carry out the provisions of this section.

                    [Part B--Native Hawaiian Program

                                findings

  [Sec. 621. The Congress finds the older Native Hawaiians--
          [(1) have a life expectancy 10 years less than any 
        other ethnic group in the State of Hawaii;
          [(2) rank lowest on 9 of 11 standard health indicies 
        for all ethnic groups in Hawaii;
          [(3) are often unaware of social services and do not 
        know how to go about seeking such assistance; and
          [(4) live in poverty at a rate of 34 percent.

                              eligibility

  [Sec. 622. A public or nonprofit private organization having 
the capacity to provide services under this part for Native 
Hawaiians is eligible for assistance under this part only if--
          [(1) the organization will serve at least 50 
        individuals who have attained 60 years of age or older; 
        and
          [(2) the organization demonstrates the ability to 
        deliver supportive services, including nutrition 
        services.

                           grants authorized

  [Sec. 623. The Assistant Secretary may make grants to public 
and nonprofit private organizations to pay all of the costs for 
the delivery of supportive services and nutrition services to 
older Native Hawaiians.

                              application

  [Sec. 624. (a) No grant may be made under this part unless 
the public or nonprofit private organization submits an 
application to the Assistant Secretary which meets such 
criteria as the Assistant Secretary may by regulation 
prescribe. Each such application shall--
          [(1) provide that the organization will evaluate the 
        need for supportive and nutrition services among older 
        Native Hawaiians to be represented by the organization;
          [(2) provide for the use of such methods of 
        administration as are necessary for the proper and 
        efficient administration of the program to be assisted;
          [(3) provide assurances that the organization will 
        coordinate its activities with the State agency on 
        aging and with the activities carried out under title 
        III in the same geographical area;
          [(4) provide that the 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;
          [(5) provide for periodic evaluation of activities 
        and projects carried out under the application;
          [(6) establish objectives, consistent with the 
        purpose of this title, toward which activities 
        described in the application will be directed, identify 
        obstacles to the attainment of such objectives, and 
        indicate the manner in which the organization proposes 
        to overcome such obstacles;
          [(7) provide for establishing and maintaining 
        information and assistance services to assure that 
        older Native Hawaiians to be served by the assistance 
        made available under this part will have reasonably 
        convenient access to such services;
          [(8) provide a preference for Native Hawaiians 60 
        years of age and older for full or part-time staff 
        positions wherever feasible;
          [(9) provide that any legal or ombudsman services 
        made available to older Native Hawaiians represented by 
        the nonprofit private organization will be 
        substantially in compliance with the provisions of 
        title III relating to the furnishing and similar 
        services; and
          [(10) provide satisfactory assurance that the fiscal 
        control and fund accounting procedures will be adopted 
        as may be necessary to assure proper disbursement of, 
        and accounting for, Federal funds paid under this part 
        to the nonprofit private organization, including any 
        funds paid by the organization to a recipient of a 
        grant or contract.
  [(b) The Assistant Secretary shall approve any application 
which complies with the provisions of subsection (a).
  [(c) 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 nonprofit 
        private organization within 60 days after such 
        decision;
          [(2) provide to the extent practicable technical 
        assistance to the nonprofit private organization to 
        overcome such stated objections; and
          [(3) provide the organization with a hearing under 
        such rules and regulations as the Assistant Secretary 
        may prescribe.
  [(d) Whenever the Assistant Secretary approves an application 
of a nonprofit private or public organization under this part 
funds shall be awarded for not less than 12 months.

[SEC. 624A. DISTRIBUTION OF FUNDS AMONG ORGANIZATIONS.

  [Subject to the availability of appropriations to carry out 
this part, the amount of the grant (if any) made under this 
part to an organization for fiscal year 1992 and for each 
subsequent fiscal year shall be not less than the amount of the 
grant made under this part to the organization for fiscal year 
1991.

                               definition

  [Sec. 625. For the purpose of this part, the term ``Native 
Hawaiian'' means any individual any of whose ancestors were 
natives of the area which consists of the Hawaiian Islands 
prior to 1778.

                      [Part C--General Provisions

                             administration

  [Sec. 631. In establishing regulations for the purpose of 
part A the Assistant Secretary shall consult with the Secretary 
of the Interior.

                                payments

  [Sec. 632. Payments may be made under this title (after 
necessary adjustments, in the case of grants, 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.

                    authorization of appropriations

  [Sec. 633. (a) There are authorized to be appropriated 
$30,000,000 for fiscal year 1992 and such sums as may be 
necessary for fiscal years 1993, 1994, and 1995, to carry out 
this title (other than section 615).
  [(b) Of the amount appropriated under subsection (a) for each 
fiscal year--
          [(1) 90 percent shall be available to carry out part 
        A; and
          [(2) 10 percent shall be available to carry out part 
        B.

     [TITLE VII--ALLOTMENTS FOR VULNERABLE ELDER RIGHTS PROTECTION 
                               ACTIVITIES

                     [Subtitle A--State Provisions

                  [CHAPTER 1--GENERAL STATE PROVISIONS

[SEC. 701. ESTABLISHMENT.

  [The Assistant Secretary, acting through the Administration, 
shall establish and carry out a program for making allotments 
to States to pay for the cost of carrying out vulnerable elder 
rights protection activities.

[SEC. 702. AUTHORIZATION OF APPROPRIATIONS.

  [(a) Ombudsman Program.--There are authorized to be 
appropriated to carry out chapter 2, $40,000,000 for fiscal 
year 1992 and such sums as may be necessary for fiscal years 
1993, 1994, and 1995.
  [(b) Prevention of Elder Abuse, Neglect, and Exploitation.--
There are authorized to be appropriated to carry out chapter 3, 
$15,000,000 for fiscal year 1992 and such sums as may be 
necessary for fiscal years 1993, 1994, and 1995.
  [(c) State Elder Rights and Legal Assistance Development 
Program.--There are authorized to be appropriated to carry out 
chapter 4, $10,000,000 for fiscal year 1992 and such sums as 
may be necessary for fiscal years 1993, 1994, and 1995.
  [(d) Outreach, Counseling, and Assistance Program.--There are 
authorized to be appropriated to carry out chapter 5, 
$15,000,000 for fiscal year 1992 and such sums as may be 
necessary for fiscal years 1993, 1994, and 1995.

[SEC. 703. ALLOTMENT.

  [(a) In General.--
          [(1)  Population.--In carrying out the program 
        described in section 701, the Assistant Secretary shall 
        initially allot to each State, from the funds 
        appropriated under section 702 for each fiscal year, an 
        amount that bears the same ratio to the funds as the 
        population of older individuals in the State bears to 
        the population of older individuals in all 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.--
                        No State shall be allotted less than 
                        one-half of 1 percent of the funds 
                        appropriated under section 702 for the 
                        fiscal year for which the determination 
                        is made.
                          [(ii) Minimum allotment for 
                        territories.--Guam, the United States 
                        Virgin Islands, and the Trust Territory 
                        of the Pacific Islands, shall each be 
                        allotted not less than one-fourth of 1 
                        percent of the funds appropriated under 
                        section 702 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 one-sixteenth 
                        of 1 percent of the sum appropriated 
                        under section 702 for the fiscal year 
                        for which the determination is made.
                  [(C) Minimum allotments for ombudsman and 
                elder abuse programs.--
                          [(i) Ombudsman program.--No State 
                        shall be allotted for a fiscal year, 
                        from the funds appropriated under 
                        section 702(a), less than the amount 
                        allotted to the State under section 304 
                        in fiscal year 1991 to carry out the 
                        State Long-Term Care Ombudsman program 
                        under title III.
                          [(ii) Elder abuse programs.--No State 
                        shall be allotted for a fiscal year, 
                        from the funds appropriated under 
                        section 702(b), less than the amount 
                        allotted to the State under section 304 
                        in fiscal year 1991 to carry out 
                        programs with respect to the prevention 
                        of elder abuse, neglect, and 
                        exploitation under title III.
                  [(D) Definition.--For the purposes of this 
                paragraph, the term ``State'' does not include 
                Guam, American Samoa, the United States Virgin 
                Islands, the Trust Territory of the Pacific 
                Islands, and the Commonwealth of the Northern 
                Mariana Islands.
  [(b) Reallotment.--
          [(1) In general.--If the Assistant Secretary 
        determines that any amount allotted to a State for a 
        fiscal year under this section will not be used by the 
        State for carrying out the purpose for which the 
        allotment was made, the Assistant Secretary shall make 
        the amount available to a State that the Assistant 
        Secretary determines will be able to use the amount for 
        carrying out the purpose.
          [(2) Availability.--Any amount made available to a 
        State from an appropriation for a fiscal year in 
        accordance with paragraph (1) shall, for purposes of 
        this subtitle, be regarded as part of the allotment of 
        the State (as determined under subsection (a)) for the 
        year, but shall remain available until the end of the 
        succeeding fiscal year.
  [(c) Withholding.--If the Assistant Secretary finds that any 
State has failed to carry out this title in accordance with the 
assurances made and description provided under section 705, the 
Assistant Secretary shall withhold the allotment of funds to 
the State. The Assistant Secretary shall disburse the funds 
withheld directly to any public or nonprofit private 
institution or organization, agency, or political subdivision 
of the State submitting an approved plan containing the 
assurances and description.

[SEC. 704. ORGANIZATION.

  [In order for a State to be eligible to receive allotments 
under this subtitle--
          [(1) the State shall demonstrate eligibility under 
        section 305;
          [(2) the State agency designated by the State shall 
        demonstrate compliance with the applicable requirements 
        of section 305; and
          [(3) each area agency on aging designated by the 
        State agency and participating in such a program shall 
        demonstrate compliance with the applicable requirements 
        of section 305.

[SEC. 705. ADDITIONAL STATE PLAN REQUIREMENTS.

  [(a) Eligibility.--In order to be eligible to receive an 
allotment under this subtitle, a State shall include in the 
State plan submitted under section 307--
          [(1) an assurance that the State, in carrying out any 
        chapter of this subtitle for which the State receives 
        funding under this subtitle, will establish programs in 
        accordance with the requirements of the chapter and 
        this chapter;
          [(2) an assurance that the State will hold public 
        hearings, and use other means, to obtain the views of 
        older individuals, area agencies on aging, recipients 
        of grants under title VI, and other interested persons 
        and entities regarding programs carried out under this 
        subtitle;
          [(3) an assurance that the State, in consultation 
        with area agencies on aging, will identify and 
        prioritize statewide activities aimed at ensuring that 
        older individuals have access to, and assistance in 
        securing and maintaining, benefits and rights;
          [(4) an assurance that the State will use funds made 
        available under this subtitle for a chapter in addition 
        to, and will not supplant, any funds that are expended 
        under any Federal or State law in existence on the day 
        before the date of the enactment of this subtitle, to 
        carry out the vulnerable elder rights protection 
        activities described in the chapter;
          [(5) an assurance that the State will place no 
        restrictions, other than the requirements referred to 
        in clauses (i) through (iv) of section 712(a)(5)(C), on 
        the eligibility of entities for designation as local 
        Ombudsman entities under section 712(a)(5);
          [(6) an assurance that, with respect to programs for 
        the prevention of elder abuse, neglect, and 
        exploitation under chapter 3--
                  [(A) in carrying out such programs the State 
                agency will conduct a program of services 
                consistent with relevant State law and 
                coordinated with existing State adult 
                protective service activities for--
                          [(i) public education to identify and 
                        prevent elder abuse;
                          [(ii) receipt of reports of elder 
                        abuse;
                          [(iii) active participation of older 
                        individuals participating in programs 
                        under this Act through outreach, 
                        conferences, and referral of such 
                        individuals to other social service 
                        agencies or sources of assistance if 
                        appropriate and if the individuals to 
                        be referred consent; and
                          [(iv) referral of complaints to law 
                        enforcement or public protective 
                        service agencies if appropriate;
                  [(B) the State will not permit involuntary or 
                coerced participation in the program of 
                services described in subparagraph (A) by 
                alleged victims, abusers, or their households; 
                and
                  [(C) all information gathered in the course 
                of receiving reports and making referrals shall 
                remain confidential except--
                          [(i) if all parties to such complaint 
                        consent in writing to the release of 
                        such information;
                          [(ii) if 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
                          [(iii) upon court order;
          [(7) an assurance that the State agency--
                  [(A) from funds appropriated under section 
                702(d) for chapter 5, will make funds available 
                to eligible area agencies on aging to carry out 
                chapter 5 and, in distributing such funds among 
                eligible area agencies, will give priority to 
                area agencies on aging based on--
                          [(i) the number of older individuals 
                        with greatest economic need, and older 
                        individuals with greatest social need, 
                        residing in their respective planning 
                        and service areas; and
                          [(ii) the inadequacy in such areas of 
                        outreach activities and application 
                        assistance of the type specified in 
                        chapter 5;
                  [(B) will require, as a condition of 
                eligibility to receive funds to carry out 
                chapter 5, an area agency on aging to submit an 
                application that--
                          [(i) describes the activities for 
                        which such funds are sought;
                          [(ii) provides for an evaluation of 
                        such activities by the area agency on 
                        aging; and
                          [(iii) includes assurances that the 
                        area agency on aging will prepare and 
                        submit to the State agency a report of 
                        the activities conducted with funds 
                        provided under this paragraph and the 
                        evaluation of such activities;
                  [(C) will distribute to area agencies on 
                aging--
                          [(i) the eligibility information 
                        received under section 202(a)(20) from 
                        the Administration; and
                          [(ii) information, in written form, 
                        explaining the requirements for 
                        eligibility to receive medical 
                        assistance under title XIX of the 
                        Social Security Act (42 U.S.C. 1396 et 
                        seq.); and
                  [(D) will submit to the Assistant Secretary a 
                report on the evaluations required to be 
                submitted under subparagraph (B); and
          [(8) a description of the manner in which the State 
        agency will carry out this title in accordance with the 
        assurances described in paragraphs (1) through (7).
  [(b) Privilege.--Neither a State, nor a State agency, may 
require any provider of legal assistance under this subtitle to 
reveal any information that is protected by the attorney-client 
privilege.

[SEC. 706. DEMONSTRATION PROJECTS.

  [(a) Establishment.--From amounts made available under 
section 304(d)(1)(C) after September 30, 1992, each State may 
provide for the establishment of at least one demonstration 
project, to be conducted by one or more area agencies on aging 
within the State, for outreach to older individuals with 
greatest economic need with respect to--
          [(1) benefits available under title XVI of the Social 
        Security Act (42 U.S.C. 1381 et seq.) (or assistance 
        under a State program established in accordance with 
        such title);
          [(2) medical assistance available under title XIX of 
        such Act (42 U.S.C. 1396 et seq.); and
          [(3) benefits available under the Food Stamp Act of 
        1977 (7 U.S.C. 2011 et seq.).
  [(b) Benefits.--Each outreach project carried out under 
subsection (a) shall--
          [(1) provide to older individuals with greatest 
        economic need information and assistance regarding 
        their eligibility to receive the benefits and 
        assistance described in paragraphs (1) through (3) of 
        subsection (a);
          [(2) be carried out in a planning and service area 
        that has a high proportion of older individuals with 
        greatest economic need, relative to the aggregate 
        number of older individuals in such area; and
          [(3) be coordinated with State and local entities 
        that administer benefits under such titles.

                     [CHAPTER 2--OMBUDSMAN PROGRAMS

[SEC. 711. DEFINITIONS.

  [As used in this chapter:
          [(1) Office.--The term ``Office'' means the office 
        established in section 712(a)(1)(A).
          [(2) Ombudsman.--The term ``Ombudsman'' means the 
        individual described in section 712(a)(2).
          [(3) Local ombudsman entity.--The term ``local 
        Ombudsman entity'' means an entity designated under 
        section 712(a)(5)(A) to carry out the duties described 
        in section 712(a)(5)(B) with respect to a planning and 
        service area or other substate area.
          [(4) Program.--The term ``program'' means the State 
        Long-Term Care Ombudsman program established in section 
        712(a)(1)(B).
          [(5) Representative.--The term ``representative'' 
        includes an employee or volunteer who represents an 
        entity designated under section 712(a)(5)(A) and who is 
        individually designated by the Ombudsman.
          [(6) Resident.--The term ``resident'' means an older 
        individual who resides in a long-term care facility.

[SEC. 712. STATE LONG-TERM CARE OMBUDSMAN PROGRAM.

  [(a) Establishment.--
          [(1) In general.--In order to be eligible to receive 
        an allotment under section 703 from funds appropriated 
        under section 702(a), a State agency shall, in 
        accordance with this section--
                  [(A) establish and operate an Office of the 
                State Long-Term Care Ombudsman; and
                  [(B) carry out through the Office a State 
                Long-Term Care Ombudsman program.
          [(2) Ombudsman.--The Office shall be headed by an 
        individual, to be known as the State Long-Term Care 
        Ombudsman, who shall be selected from among individuals 
        with expertise and experience in the fields of long-
        term care and advocacy.
          [(3) Functions.--The Ombudsman shall serve on a full-
        time basis, and shall, personally or through 
        representatives of the Office--
                  [(A) identify, investigate, and resolve 
                complaints that--
                          [(i) are made by, or on behalf of, 
                        residents; and
                          [(ii) relate to action, inaction, or 
                        decisions, that may adversely affect 
                        the health, safety, welfare, or rights 
                        of the residents (including the welfare 
                        and rights of the residents with 
                        respect to the appointment and 
                        activities of guardians and 
                        representative payees), of--
                                  [(I) providers, or 
                                representatives of providers, 
                                of long-term care services;
                                  [(II) public agencies; or
                                  [(III) health and social 
                                service agencies;
                  [(B) provide services to assist the residents 
                in protecting the health, safety, welfare, and 
                rights of the residents;
                  [(C) inform the residents about means of 
                obtaining services provided by providers or 
                agencies described in subparagraph (A)(ii) or 
                services described in subparagraph (B);
                  [(D) ensure that the residents have regular 
                and timely access to the services provided 
                through the Office and that the residents and 
                complainants receive timely responses from 
                representatives of the Office to complaints;
                  [(E) represent the interests of the 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 (5) to assist the entities in 
                participating in the program;
                  [(G)(i) analyze, comment on, and monitor the 
                development and implementation of Federal, 
                State, and local laws, regulations, 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;
                  [(ii) recommend any changes in such laws, 
                regulations, policies, and actions as the 
                Office determines to be appropriate; and
                  [(iii) facilitate public comment on the laws, 
                regulations, policies, and actions;
                  [(H)(i) provide for training representatives 
                of the Office;
                  [(ii) promote the development of citizen 
                organizations, to participate in the program; 
                and
                  [(iii) provide technical support for the 
                development of resident and family councils to 
                protect the well-being and rights of residents; 
                and
                  [(I) carry out such other activities as the 
                Assistant Secretary determines to be 
                appropriate.
          [(4) Contracts and arrangements.--
                  [(A) In general.--Except as provided in 
                subparagraph (B), the State agency may 
                establish and operate the Office, and carry out 
                the program, directly, or by contract or other 
                arrangement with any public agency or nonprofit 
                private organization.
                  [(B) Licensing and certification 
                organizations; associations.--The State agency 
                may not enter into the contract or other 
                arrangement described in subparagraph (A) 
                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.
          [(5) Designation of local ombudsman entities and 
        representatives.--
                  [(A) Designation.--In carrying out the duties 
                of the Office, the Ombudsman may designate an 
                entity as a local Ombudsman entity, and may 
                designate an employee or volunteer to represent 
                the entity.
                  [(B) Duties.--An individual so designated 
                shall, in accordance with the policies and 
                procedures established by the Office and the 
                State agency--
                          [(i) provide services to protect the 
                        health, safety, welfare and rights of 
                        residents;
                          [(ii) ensure that residents in the 
                        service area of the entity have 
                        regular, timely access to 
                        representatives of the program and 
                        timely responses to complaints and 
                        requests for assistance;
                          [(iii) identify, investigate, and 
                        resolve complaints made by or on behalf 
                        of residents that relate to action, 
                        inaction, or decisions, that may 
                        adversely affect the health, safety, 
                        welfare, or rights of the residents;
                          [(iv) represent the interests of 
                        residents before government agencies 
                        and seek administrative, legal, and 
                        other remedies to protect the health, 
                        safety, welfare, and rights of the 
                        residents;
                          [(v)(I) review, and if necessary, 
                        comment on any existing and proposed 
                        laws, regulations, and other government 
                        policies and actions, that pertain to 
                        the rights and well-being of residents; 
                        and
                          [(II) facilitate the ability of the 
                        public to comment on the laws, 
                        regulations, policies, and actions;
                          [(vi) support the development of 
                        resident and family councils; and
                          [(vii) carry out other activities 
                        that the Ombudsman determines to be 
                        appropriate.
                  [(C) Eligibility for designation.--Entities 
                eligible to be designated as local Ombudsman 
                entities, and individuals eligible to be 
                designated as representatives of such entities, 
                shall--
                          [(i) have demonstrated capability to 
                        carry out the responsibilities of the 
                        Office;
                          [(ii) be free of conflicts of 
                        interest;
                          [(iii) in the case of the entities, 
                        be public or nonprofit private 
                        entities; and
                          [(iv) meet such additional 
                        requirements as the Ombudsman may 
                        specify.
                  [(D) Policies and procedures.--
                          [(i) In general.--The State agency 
                        shall establish, in accordance with the 
                        Office, policies and procedures for 
                        monitoring local Ombudsman entities 
                        designated to carry out the duties of 
                        the Office.
                          [(ii) Policies.--In a case in which 
                        the entities are grantees, or the 
                        representatives are employees, of area 
                        agencies on aging, the State agency 
                        shall develop the policies in 
                        consultation with the area agencies on 
                        aging. The policies shall provide for 
                        participation and comment by the 
                        agencies and for resolution of concerns 
                        with respect to case activity.
                          [(iii) Confidentiality and 
                        disclosure.--The State agency shall 
                        develop the policies and procedures in 
                        accordance with all provisions of this 
                        subtitle regarding confidentiality and 
                        conflict of interest.
  [(b) Procedures for Access.--
          [(1) In general.--The State shall ensure that 
        representatives of the Office 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--
                          [(I) the representative has the 
                        permission of the resident, or the 
                        legal representative of the resident; 
                        or
                          [(II) the resident is unable to 
                        consent to the review and has no legal 
                        representative; or
                  [(ii) access to the records as is necessary 
                to investigate a complaint if--
                          [(I) a legal guardian of the resident 
                        refuses to give the permission;
                          [(II) a representative of the Office 
                        has reasonable cause to believe that 
                        the guardian is not acting in the best 
                        interests of the resident; and
                          [(III) the representative obtains the 
                        approval of the Ombudsman;
                  [(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.
          [(2) Procedures.--The State agency shall establish 
        procedures to ensure the access described in paragraph 
        (1).
  [(c) Reporting System.--The State agency shall establish a 
statewide uniform reporting system to--
          [(1) collect and analyze data relating to complaints 
        and conditions in long-term care facilities and to 
        residents for the purpose of identifying and resolving 
        significant problems; and
          [(2) submit the data, on a regular basis, to--
                  [(A) the agency of the State responsible for 
                licensing or certifying long-term care 
                facilities in the State;
                  [(B) other State and Federal entities that 
                the Ombudsman determines to be appropriate;
                  [(C) the Assistant Secretary; and
                  [(D) the National Ombudsman Resource Center 
                established in section 202(a)(21).
  [(d) Disclosure.--
          [(1) In general.--The State agency shall establish 
        procedures for the disclosure by the Ombudsman or local 
        Ombudsman entities of files maintained by the program, 
        including records described in subsection (b)(1) or 
        (c).
          [(2) Identity of complainant or resident.--The 
        procedures described in paragraph (1) shall--
                  [(A) provide that, subject to subparagraph 
                (B), the files and records described in 
                paragraph (1) may be disclosed only at the 
                discretion of the Ombudsman (or the person 
                designated by the Ombudsman to disclose the 
                files and records); and
                  [(B) prohibit the disclosure of the identity 
                of any complainant or resident with respect to 
                whom the Office 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)(I) the complainant or resident 
                        gives consent orally; and
                          [(II) the consent is documented 
                        contemporaneously in a writing made by 
                        a representative of the Office in 
                        accordance with such requirements as 
                        the State agency shall establish; or
                          [(iii) the disclosure is required by 
                        court order.
  [(e) Consultation.--In planning and operating the program, 
the State agency shall consider the views of area agencies on 
aging, older individuals, and providers of long-term care.
  [(f) Conflict of Interest.--The State agency shall--
          [(1) ensure that no individual, or member of the 
        immediate family of an individual, involved in the 
        designation of the Ombudsman (whether by appointment or 
        otherwise) or the designation of an entity designated 
        under subsection (a)(5), is subject to a conflict of 
        interest;
          [(2) ensure that no officer or employee of the 
        Office, representative of a local Ombudsman entity, or 
        member of the immediate family of the officer, 
        employee, or representative, is subject to a conflict 
        of interest;
          [(3) ensure that the Ombudsman--
                  [(A) does not have a direct involvement in 
                the licensing or certification of a long-term 
                care facility or of a provider of a long-term 
                care service;
                  [(B) does not have an ownership or investment 
                interest (represented by equity, debt, or other 
                financial relationship) in a long-term care 
                facility or a long-term care service;
                  [(C) is not employed by, or participating in 
                the management of, a long-term care facility; 
                and
                  [(D) does not receive, or have the right to 
                receive, directly or indirectly, remuneration 
                (in cash or in kind) under a compensation 
                arrangement with an owner or operator of a 
                long-term care facility; and
          [(4) establish, and specify in writing, mechanisms to 
        identify and remove conflicts of interest referred to 
        in paragraphs (1) and (2), and to identify and 
        eliminate the relationships described in subparagraphs 
        (A) through (D) of paragraph (3), including such 
        mechanisms as--
                  [(A) the methods by which the State agency 
                will examine individuals, and immediate family 
                members, to identify the conflicts; and
                  [(B) the actions that the State agency will 
                require the individuals and such family members 
                to take to remove such conflicts.
  [(g) Legal Counsel.--The State agency shall ensure that--
          [(1)(A) adequate legal counsel is available, and is 
        able, without conflict of interest, to--
                  [(i) provide advice and consultation needed 
                to protect the health, safety, welfare, and 
                rights of residents; and
                  [(ii) assist the Ombudsman and 
                representatives of the Office in the 
                performance of the official duties of the 
                Ombudsman and representatives; and
          [(B) legal representation is provided to any 
        representative of the Office 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 Ombudsman or such a representative; and
          [(2) the Office pursues administrative, legal, and 
        other appropriate remedies on behalf of residents.
  [(h) Administration.--The State agency shall require the 
Office to--
          [(1) prepare an annual report--
                  [(A) describing the activities carried out by 
                the Office in the year for which the report is 
                prepared;
                  [(B) containing and analyzing the data 
                collected under subsection (c);
                  [(C) evaluating the problems experienced by, 
                and the complaints made by or on behalf of, 
                residents;
                  [(D) containing recommendations for--
                          [(i) improving quality of the care 
                        and life of the residents; and
                          [(ii) protecting the health, safety, 
                        welfare, and rights of the residents;
                  [(E)(i) analyzing the success of the program 
                including success in providing services to 
                residents of board and care facilities and 
                other similar adult care facilities; and
                  [(ii) identifying barriers that prevent the 
                optimal operation of the program; and
                  [(F) providing policy, regulatory, and 
                legislative recommendations to solve identified 
                problems, to resolve the complaints, to improve 
                the quality of care and life of residents, to 
                protect the health, safety, welfare, and rights 
                of residents, and to remove the barriers;
          [(2) analyze, comment on, and monitor the development 
        and implementation of Federal, State, and local laws, 
        regulations, and other government policies and actions 
        that pertain to long-term care facilities and services, 
        and to the health, safety, welfare, and rights of 
        residents, in the State, and recommend any changes in 
        such laws, regulations, and policies as the Office 
        determines to be appropriate;
          [(3)(A) provide such information as the Office 
        determines to be necessary to public and private 
        agencies, legislators, and other persons, regarding--
                  [(i) the problems and concerns of older 
                individuals residing in long-term care 
                facilities; and
                  [(ii) recommendations related to the problems 
                and concerns; and
          [(B) make available to the public, and submit to the 
        Assistant Secretary, the chief executive officer of the 
        State, the State legislature, the State agency 
        responsible for licensing or certifying long-term care 
        facilities, and other appropriate governmental 
        entities, each report prepared under paragraph (1);
          [(4)(A) not later than 1 year after the date of the 
        enactment of this title, establish procedures for the 
        training of the representatives of the Office, 
        including unpaid volunteers, based on model standards 
        established by the Director of the Office of Long-Term 
        Care Ombudsman Programs, in consultation with 
        representatives of citizen groups, long-term care 
        providers, and the Office, that--
                  [(i) specify a minimum number of hours of 
                initial training;
                  [(ii) specify the content of the training, 
                including training relating to--
                          [(I) Federal, State, and local laws, 
                        regulations, and policies, with respect 
                        to long-term care facilities in the 
                        State;
                          [(II) investigative techniques; and
                          [(III) such other matters as the 
                        State determines to be appropriate; and
                  [(iii) specify an annual number of hours of 
                in-service training for all designated 
                representatives; and
          [(B) require implementation of the procedures not 
        later than 21 months after the date of the enactment of 
        this title;
          [(5) prohibit any representative of the Office (other 
        than the Ombudsman) from carrying out any activity 
        described in subparagraphs (A) through (G) of 
        subsection (a)(3) unless the representative--
                  [(A) has received the training required under 
                paragraph (4); and
                  [(B) has been approved by the Ombudsman as 
                qualified to carry out the activity on behalf 
                of the Office;
          [(6) coordinate ombudsman services with the 
        protection and advocacy systems for individuals with 
        developmental disabilities and mental illnesses 
        established under--
                  [(A) part A of the Developmental Disabilities 
                Assistance and Bill of Rights Act (42 U.S.C. 
                6001 et seq.); and
                  [(B) the Protection and Advocacy for Mentally 
                Ill Individuals Act of 1986 (42 U.S.C. 10801 et 
                seq.);
          [(7) coordinate, to the greatest extent possible, 
        ombudsman services with legal assistance provided under 
        section 306(a)(2)(C), through adoption of memoranda of 
        understanding and other means; and
          [(8) permit any local Ombudsman entity to carry out 
        the responsibilities described in paragraph (1), (2), 
        (3), (6), or (7).
  [(i) Liability.--The State shall ensure that no 
representative of the Office will be liable under State law for 
the good faith performance of official duties.
  [(j) Noninterference.--The State shall--
          [(1) ensure that willful interference with 
        representatives of the Office in the performance of the 
        official duties of the representatives (as defined by 
        the Assistant Secretary) shall be unlawful;
          [(2) 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 Office; and
          [(3) provide for appropriate sanctions with respect 
        to the interference, retaliation, and reprisals.

[SEC. 713. REGULATIONS.

  [The Assistant Secretary shall issue and periodically update 
regulations respecting--
          [(1) conflicts of interest by persons described in 
        paragraphs (1) and (2) of section 712(f); and
          [(2) the relationships described in subparagraphs (A) 
        through (D) of section 712(f)(3).

   [CHAPTER 3--PROGRAMS FOR PREVENTION OF ELDER ABUSE, NEGLECT, AND 
                              EXPLOITATION

[SEC. 721. PREVENTION OF ELDER ABUSE, NEGLECT, AND EXPLOITATION.

  [(a) Establishment.--In order to be eligible to receive an 
allotment under section 703 from funds appropriated under 
section 702(b), a State agency shall, in accordance with this 
section, and in consultation with area agencies on aging, 
develop and enhance programs for the prevention of elder abuse, 
neglect, and exploitation.
  [(b) Use of Allotments.--The State agency shall use an 
allotment made under subsection (a) to carry out, through the 
programs described in subsection (a), activities to develop, 
strengthen, and carry out programs for the prevention and 
treatment of elder abuse, neglect, and exploitation, 
including--
          [(1) providing for public education and outreach to 
        identify and prevent elder abuse, neglect, and 
        exploitation;
          [(2) ensuring the coordination of services provided 
        by area agencies on aging with services instituted 
        under the State adult protection service program;
          [(3) promoting the development of information and 
        data systems, including elder abuse reporting systems, 
        to quantify the extent of elder abuse, neglect, and 
        exploitation in the State;
          [(4) conducting analyses of State information 
        concerning elder abuse, neglect, and exploitation and 
        identifying unmet service, enforcement, or intervention 
        needs;
          [(5) conducting training for individuals, 
        professionals, and paraprofessionals, in relevant 
        fields on the identification, prevention, and treatment 
        of elder abuse, neglect, and exploitation, with 
        particular focus on prevention and enhancement of self-
        determination and autonomy;
          [(6) providing technical assistance to programs that 
        provide or have the potential to provide services for 
        victims of elder abuse, neglect, and exploitation and 
        for family members of the victims;
          [(7) conducting special and on-going training, for 
        individuals involved in serving victims of elder abuse, 
        neglect, and exploitation, on the topics of self-
        determination, individual rights, State and Federal 
        requirements concerning confidentiality, and other 
        topics determined by a State agency to be appropriate; 
        and
          [(8) promoting the development of an elder abuse, 
        neglect, and exploitation system--
                  [(A) that includes a State elder abuse, 
                neglect, and exploitation law that includes 
                provisions for immunity, for persons reporting 
                instances of elder abuse, neglect, and 
                exploitation, from prosecution arising out of 
                such reporting, under any State or local law;
                  [(B) under which a State agency--
                          [(i) on receipt of a report of known 
                        or suspected instances of elder abuse, 
                        neglect, or exploitation, shall 
                        promptly initiate an investigation to 
                        substantiate the accuracy of the 
                        report; and
                          [(ii) on a finding of elder abuse, 
                        neglect, or exploitation, shall take 
                        steps, including appropriate referral, 
                        to protect the health and welfare of 
                        the abused, neglected, or exploited 
                        older individual;
                  [(C) that includes, throughout the State, in 
                connection with the enforcement of elder abuse, 
                neglect, and exploitation laws and with the 
                reporting of suspected instances of elder 
                abuse, neglect, and exploitation--
                          [(i) such administrative procedures;
                          [(ii) such personnel trained in the 
                        special problems of elder abuse, 
                        neglect, and exploitation prevention 
                        and treatment;
                          [(iii) such training procedures;
                          [(iv) such institutional and other 
                        facilities (public and private); and
                          [(v) such related multidisciplinary 
                        programs and services,
                as may be necessary or appropriate to ensure 
                that the State will deal effectively with elder 
                abuse, neglect, and exploitation cases in the 
                State;
                  [(D) that preserves the confidentiality of 
                records in order to protect the rights of older 
                individuals;
                  [(E) that provides for the cooperation of law 
                enforcement officials, courts of competent 
                jurisdiction, and State agencies providing 
                human services with respect to special problems 
                of elder abuse, neglect, and exploitation;
                  [(F) that enables an older individual to 
                participate in decisions regarding the welfare 
                of the older individual, and makes the least 
                restrictive alternatives available to an older 
                individual who is abused, neglected, or 
                exploited; and
                  [(G) that includes a State clearinghouse for 
                dissemination of information to the general 
                public with respect to--
                          [(i) the problems of elder abuse, 
                        neglect, and exploitation;
                          [(ii) the facilities described in 
                        subparagraph (C)(iv); and
                          [(iii) prevention and treatment 
                        methods available to combat instances 
                        of elder abuse, neglect, and 
                        exploitation.
  [(c) Approach.--In developing and enhancing programs under 
subsection (a), the State agency shall use a comprehensive 
approach, in consultation with area agencies on aging, to 
identify and assist older individuals who are subject to abuse, 
neglect, and exploitation, including older individuals who live 
in State licensed facilities, unlicensed facilities, or 
domestic or community-based settings.
  [(d) Coordination.--In developing and enhancing programs 
under subsection (a), the State agency shall coordinate the 
programs with other State and local programs and services for 
the protection of vulnerable adults, particularly vulnerable 
older individuals, including programs and services such as--
          [(1) area agency on aging programs;
          [(2) adult protective service programs;
          [(3) the State Long-Term Care Ombudsman program 
        established in chapter 2;
          [(4) protection and advocacy programs;
          [(5) facility and long-term care provider licensure 
        and certification programs;
          [(6) 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));
          [(7) victim assistance programs; and
          [(8) consumer protection and law enforcement 
        programs, as well as other State and local programs 
        that identify and assist vulnerable older individuals.
  [(e) Requirements.--In developing and enhancing programs 
under subsection (a), the State agency shall--
          [(1) not permit involuntary or coerced participation 
        in such programs by alleged victims, abusers, or 
        members of their households;
          [(2) require that all information gathered in the 
        course of receiving a report described in subsection 
        (b)(8)(B)(i), and making a referral described in 
        subsection (b)(8)(B)(ii), shall remain confidential 
        except--
                  [(A) if all parties to such complaint or 
                report consent in writing to the release of 
                such information;
                  [(B) if 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) upon court order; and
          [(3) make all reasonable efforts to resolve any 
        conflicts with other public agencies with respect to 
        confidentiality of the information described in 
        paragraph (2) by entering into memoranda of 
        understanding that narrowly limit disclosure of 
        information, consistent with the requirement described 
        in paragraph (2).
  [(f) Designation.--The State agency may designate a State 
entity to carry out the programs and activities described in 
this chapter.

[CHAPTER 4--STATE ELDER RIGHTS AND LEGAL ASSISTANCE DEVELOPMENT PROGRAM

[SEC. 731. STATE ELDER RIGHTS AND LEGAL ASSISTANCE DEVELOPMENT.

  [(a) Establishment.--
          [(1) In general.--In order to be eligible to receive 
        an allotment under section 703 from funds appropriated 
        under section 702(c), a State agency shall, in 
        accordance with this section and in consultation with 
        area agencies on aging, establish a program to provide 
        leadership for improving the quality and quantity of 
        legal and advocacy assistance as a means for ensuring a 
        comprehensive elder rights system.
          [(2) Coordination and assistance.--In carrying out 
        the program established under this chapter, the State 
        agency shall coordinate, and provide assistance to, 
        area agencies on aging and other entities in the State 
        that assist older individuals in--
                  [(A) understanding the rights of the older 
                individuals;
                  [(B) exercising choice;
                  [(C) benefiting from services and 
                opportunities authorized by law;
                  [(D) maintaining the rights of the older 
                individuals and, in particular, of the older 
                individuals with reduced capacity; and
                  [(E) solving disputes.
  [(b) Functions.--In carrying out this chapter, the State 
agency shall--
          [(1) establish a focal point for elder rights policy 
        review, analysis, and advocacy at the State level, 
        including such issues as guardianship, age 
        discrimination, pension and health benefits, insurance, 
        consumer protection, surrogate decisionmaking, 
        protective services, public benefits, and dispute 
        resolution;
          [(2) provide an individual who shall be known as a 
        State legal assistance developer, and other personnel, 
        sufficient to ensure--
                  [(A) State leadership in securing and 
                maintaining legal rights of older individuals;
                  [(B) State capacity for coordinating the 
                provision of legal assistance;
                  [(C) State capacity to provide technical 
                assistance, training and other supportive 
                functions to area agencies on aging, legal 
                assistance providers, ombudsmen, and other 
                persons as appropriate; and
                  [(D) State capacity to promote financial 
                management services for older individuals at 
                risk of conservatorship;
          [(3)(A) develop, in conjunction with area agencies on 
        aging and legal assistance providers, statewide 
        standards for the delivery of legal assistance to older 
        individuals; and
          [(B) provide technical assistance to area agencies on 
        aging and legal assistance providers to enhance and 
        monitor the quality and quantity of legal assistance to 
        older individuals, including technical assistance in 
        developing plans for targeting services to reach the 
        older individuals with greatest economic need and older 
        individuals with greatest social need, with particular 
        attention to low-income minority individuals;
          [(4) provide consultation to, and ensure, the 
        coordination of activities with the legal assistance 
        provided under title III, services provided by the 
        Legal Service Corporation, and services provided under 
        chapters 2, 3, and 5, as well as other State or Federal 
        programs administered at the State and local levels 
        that address the legal assistance needs of older 
        individuals;
          [(5) provide for the education and training of 
        professionals, volunteers, and older individuals 
        concerning elder rights, the requirements and benefits 
        of specific laws, and methods for enhancing the 
        coordination of services;
          [(6) promote, and provide as appropriate, education 
        and training for individuals who are or might become 
        guardians or representative payees of older 
        individuals, including information on--
                  [(A) the powers and duties of guardians or 
                representative payees; and
                  [(B) alternatives to guardianship;
          [(7) promote the development of, and provide 
        technical assistance concerning, pro bono legal 
        assistance programs, State and local bar committees on 
        aging, legal hot lines, alternative dispute resolution, 
        programs and curricula, related to the rights and 
        benefits of older individuals, in law schools and other 
        institutions of higher education, and other methods to 
        expand access by older individuals to legal assistance 
        and advocacy and vulnerable elder rights protection 
        activities;
          [(8) provide for periodic assessments of the status 
        of elder rights in the State, including analysis--
                  [(A) of the unmet need for assistance in 
                resolving legal problems and benefits-related 
                problems, methods for expanding advocacy 
                services, the status of substitute 
                decisionmaking systems and services (including 
                systems and services regarding guardianship, 
                representative payeeship, and advance 
                directives), access to courts and the justice 
                system, and the implementation of civil rights 
                and age discrimination laws in the State; and
                  [(B) of problems and unmet needs identified 
                in programs established under title III and 
                other programs; and
          [(9) for the purpose of identifying vulnerable elder 
        rights protection activities provided by the entities 
        under this chapter, and coordinating the activities 
        with programs established under title III and chapters 
        2, 3, and 5, develop working agreements with--
                  [(A) State entities, including the consumer 
                protection agency, the court system, the 
                attorney general, the State equal employment 
                opportunity commission, and other State 
                agencies; and
                  [(B) Federal entities, including the Social 
                Security Administration, Health Care Financing 
                Administration, and the Department of Veterans' 
                Affairs, and other entities.

        [CHAPTER 5--OUTREACH, COUNSELING, AND ASSISTANCE PROGRAM

[SEC. 741. STATE OUTREACH, COUNSELING, AND ASSISTANCE PROGRAM FOR 
                    INSURANCE AND PUBLIC BENEFITS.

  [(a) Definitions.--As used in this section:
          [(1) Insurance benefit.--The term ``insurance 
        benefit'' means a benefit under--
                  [(A) the medicare program established under 
                title XVIII of the Social Security Act (42 
                U.S.C. 1395 et seq.);
                  [(B) the medicaid program established under 
                title XIX of the Social Security Act (42 U.S.C. 
                1396 et seq.);
                  [(C) a public or private insurance program;
                  [(D) a medicare supplemental policy; or
                  [(E) a pension plan.
          [(2) Medicare supplemental policy.--The term 
        ``medicare supplemental policy'' has the meaning given 
        the term in section 1882(g)(1) of the Social Security 
        Act (42 U.S.C. 1395ss(g)(1)).
          [(3) Pension plan.--The term ``pension plan'' means 
        an employee pension benefit plan, as defined in section 
        3(2) of the Employee Retirement Income Security Act of 
        1974 (29 U.S.C. 1002(2)).
          [(4) Public benefit.--The term ``public benefit'' 
        means a benefit under--
                  [(A) the Federal Old-Age, Survivors, and 
                Disability Insurance Benefits programs under 
                title II of the Social Security Act (42 U.S.C. 
                401 et seq.);
                  [(B) the medicare program established under 
                title XVIII of the Social Security Act, 
                including benefits as a qualified medicare 
                beneficiary, as defined in section 1905(p) of 
                the Social Security Act;
                  [(C) the medicaid program established under 
                title XIX of the Social Security Act;
                  [(D) the program established under the Food 
                Stamp Act of 1977 (7 U.S.C. 2011 et seq.);
                  [(E) the program established under the Low-
                Income Home Energy Assistance Act of 1981 (42 
                U.S.C. 8621 et seq.);
                  [(F) the supplemental security income program 
                established under title XVI of the Social 
                Security Act (42 U.S.C. 1381 et seq.); or
                  [(G) a program determined to be appropriate 
                by the Assistant Secretary.
          [(5) State insurance assistance program.--The term 
        ``State insurance assistance program'' means the 
        program established under subsection (b)(1).
          [(6) State public benefit assistance program.--The 
        term ``State public benefit assistance program'' means 
        the program established under subsection (b)(2).
  [(b) Establishment.--In order to receive an allotment under 
section 703 from funds appropriated under section 702(d), a 
State agency shall, in coordination with area agencies on aging 
and in accordance with this section, establish--
          [(1) a program to provide to older individuals 
        outreach, counseling, and assistance related to 
        obtaining insurance benefits; and
          [(2) a program to provide outreach, counseling, and 
        assistance to older individuals who may be eligible 
        for, but who are not receiving, public benefits.
  [(c) Insurance and Public Benefits.--The State agency shall--
          [(1) in carrying out a State insurance assistance 
        program--
                  [(A) provide information and counseling to 
                assist older individuals--
                          [(i) in filing claims and obtaining 
                        benefits under title XVIII and title 
                        XIX of the Social Security Act;
                          [(ii) in comparing medicare 
                        supplemental policies and in filing 
                        claims and obtaining benefits under 
                        such policies;
                          [(iii) in comparing long-term care 
                        insurance policies and in filing claims 
                        and obtaining benefits under such 
                        policies;
                          [(iv) in comparing other types of 
                        health insurance policies not described 
                        in clause (iii) and in filing claims 
                        and obtaining benefits under such 
                        policies;
                          [(v) in comparing life insurance 
                        policies and in filing claims and 
                        obtaining benefits under such policies;
                          [(vi) in comparing other forms of 
                        insurance policies not described in 
                        clause (v), in comparing pension plans, 
                        and in filing claims and obtaining 
                        benefits under such policies and plans 
                        as the State agency may determine to be 
                        necessary; and
                          [(vii) in comparing current and 
                        future health and post-retirement needs 
                        related to pension plans, and the 
                        relationship of benefits under such 
                        plans to insurance benefits and public 
                        benefits;
                  [(B) establish a system of referrals to 
                appropriate providers of legal assistance, and 
                to appropriate agencies of the Federal or State 
                government regarding the problems of older 
                individuals related to health insurance 
                benefits, other insurance benefits, and public 
                benefits;
                  [(C) give priority to providing assistance to 
                older individuals with greatest economic need;
                  [(D) ensure that services provided under the 
                program will be coordinated with programs 
                established under chapters 2, 3, and 4, and 
                under title III;
                  [(E) provide for adequate and trained staff 
                (including volunteers) necessary to carry out 
                the program;
                  [(F) ensure that staff (including volunteers) 
                of the agency and of any agency or organization 
                described in subsection (d) will not be subject 
                to a conflict of interest in providing services 
                under the program;
                  [(G) provide for the collection and 
                dissemination of timely and accurate 
                information to staff (including volunteers) 
                related to insurance benefits and public 
                benefits;
                  [(H) provide for the coordination of 
                information on insurance benefits between the 
                staff of departments and agencies of the State 
                government and the staff (including volunteers) 
                of the program; and
                  [(I) make recommendations related to consumer 
                protection that may affect individuals eligible 
                for, or receiving, health or other insurance 
                benefits; and
          [(2) in carrying out a State public benefits 
        assistance program--
                  [(A) carry out activities to identify older 
                individuals with greatest economic need who may 
                be eligible for, but who are not receiving, 
                public benefits;
                  [(B) conduct outreach activities to inform 
                older individuals of the requirements for 
                eligibility to receive such benefits;
                  [(C) assist older individuals in applying for 
                such benefits;
                  [(D) establish a system of referrals to 
                appropriate providers of legal assistance, or 
                to appropriate agencies of the Federal or State 
                government regarding the problems of older 
                individuals related to public benefits;
                  [(E) comply with the requirements specified 
                in subparagraphs (C) through (F) of paragraph 
                (1) with respect to the State public benefits 
                assistance program;
                  [(F) provide for the collection and 
                dissemination of timely and accurate 
                information to staff (including volunteers) 
                related to public benefits;
                  [(G) provide for the coordination of 
                information on public benefits between the 
                staff of State entities and the staff 
                (including volunteers) of the State public 
                benefits assistance program; and
                  [(H) make recommendations related to consumer 
                protection that may affect individuals eligible 
                for, or receiving, public benefits.
  [(d) Administration.--The State agency may operate the State 
insurance assistance program and the State public benefits 
assistance program directly, in cooperation with other State 
agencies, or under an agreement with a statewide nonprofit 
organization, an area agency on aging, or another public or 
nonprofit agency or organization.
  [(e) Maintenance of Effort.--Any funds appropriated for the 
activities under this chapter shall supplement, and shall not 
supplant, funds that are expended for similar purposes under 
any Federal, State, or local program providing insurance 
benefits or public benefits.
  [(f) Coordination.--A State that receives an allotment under 
section 703 and receives a grant to provide services under 
section 4360 of the Omnibus Reconciliation Act of 1990 (42 
U.S.C. 1395b-4) shall coordinate the services with activities 
provided by the State agency through the programs described in 
paragraphs (1) and (2) of subsection (b).

          [Subtitle B--Native American Organization Provisions

[SEC. 751. NATIVE AMERICAN PROGRAM.

  [(a) Establishment.--The Assistant Secretary, acting through 
the Director of the Office for American Indian, Alaskan Native, 
and Native Hawaiian Aging, shall establish and carry out a 
program for--
          [(1) assisting eligible entities in prioritizing, on 
        a continuing basis, the needs of the service population 
        of the entities relating to elder rights; and
          [(2) making grants to eligible entities to carry out 
        vulnerable elder rights protection activities that the 
        entities determine to be priorities.
  [(b) Application.--In order to be eligible to receive 
assistance under this subtitle, 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.
  [(c) Eligible Entity.--An entity eligible to receive 
assistance under this section shall be--
          [(1) an Indian tribe; or
          [(2) a public agency, or a nonprofit organization, 
        serving older individuals who are Native Americans.
  [(d) Authorization of Appropriations.--There are authorized 
to be appropriated to carry out this section, $5,000,000 for 
fiscal year 1992, and such sums as may be necessary for fiscal 
years 1993, 1994, and 1995.

                    [Subtitle C--General Provisions

[SEC. 761. DEFINITIONS.

  [As used in this title:
          [(1) Elder right.--The term ``elder right'' means a 
        right of an older individual.
          [(2) Vulnerable elder rights protection activity.--
        The term ``vulnerable elder rights protection 
        activity'' means an activity funded under chapter 2, 3, 
        4, or 5 of this title.

[SEC. 762. ADMINISTRATION.

  [A State agency or an entity described in section 751(c) may 
carry out vulnerable elder rights protection activities either 
directly or through contracts or agreements with public or 
nonprofit private agencies or organizations, such as--
          [(1) other State agencies;
          [(2) area agencies on aging;
          [(3) county governments;
          [(4) institutions of higher education;
          [(5) Indian tribes; or
          [(6) nonprofit service providers or volunteer 
        organizations.

[SEC. 763. TECHNICAL ASSISTANCE.

  [(a) Other Agencies.--In carrying out the provisions of 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 persons and entities that administer programs 
established under this title.

[SEC. 764. 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 under this 
title.
  [(b) Limitation.--State agencies, area agencies on aging, and 
entities described in section 751(c) shall not request 
information or data from providers that is not pertinent to 
services furnished under this title or to a payment made for 
the services.]

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Older Americans Act of 1996''.

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. Evaluations.
    Sec. 116. Reports.
    Sec. 117. Reduction of paperwork.
    Sec. 118. Surplus property eligibility.
    Sec. 119. Benefit treatment under other laws.
    Sec. 120. Authorization of appropriations.

         TITLE II--GRANTS FOR NATIVE AMERICAN PROGRAMS ON AGING

    Sec. 201. Grants for services to Native Americans.
    Sec. 202. Applications for grants.
    Sec. 203. Distribution of funds among tribal organizations, Alaska 
              Native organizations, and organizations serving Native 
              Hawaiians.
    Sec. 204. Surplus educational facilities.
    Sec. 205. Administration.
    Sec. 206. Payments.
    Sec. 207. Authorization of appropriations.

       TITLE III--GRANTS FOR STATE AND COMMUNITY PROGRAMS ON AGING

                Subtitle A--Grants for Programs on Aging

                      Chapter 1--General Provisions

    Sec. 301. Technical assistance and cooperation.
    Sec. 302. Allotments; Federal share.
    Sec. 303. Eligibility of States; organization.
    Sec. 304. State plans.
    Sec. 305. Area plans.
    Sec. 306. Planning, coordination, evaluation, and administration of 
              State plans.
    Sec. 307. Payments.

     Chapter 2--Supportive Services and Multipurpose Senior Centers

    Sec. 321. Program authorized.

                      Chapter 3--Nutrition Services

    Sec. 331. Program authorized.
    Sec. 332. Additional requirements.

       Chapter 4--Community Service Employment for Older Americans

    Sec. 351. Short title.
    Sec. 352. Older American Community Service Employment Program.
    Sec. 353. Participants not Federal employees.
    Sec. 354. Treatment of employment assistance for purposes of Federal 
              housing and food stamp programs.

               Subtitle B--Authorization of Appropriations

    Sec. 381. Authorization of appropriations.
    Sec. 382. Additional funds available for nutrition services.

            TITLE IV--NATIONAL SENIOR VOLUNTEER SERVICE CORPS

    Sec. 401. Statement of purposes.

            Subtitle A--Retired and Senior Volunteer Program

    Sec. 411. Grants and contracts for volunteer service projects.

                 Subtitle B--Foster Grandparent Program

    Sec. 421. Grants and contracts for volunteer service projects.

             Subtitle C--Senior Companion Volunteer Program

    Sec. 431. Grants and contracts for volunteer service projects.

                     Subtitle D--General Provisions

    Sec. 441. Promotion of National Senior Volunteer Service Corps.
    Sec. 442. Payments.
    Sec. 443. Use of locally generated contributions in National Senior 
              Volunteer Service Corps.
    Sec. 444. Adjustments to Federal financial assistance; reports.
    Sec. 445. Multiyear grants or contracts.

               Subtitle E--Administration and Coordination

    Sec. 461. Administrative structure.
    Sec. 462. Political activities.
    Sec. 463. Special limitations.
    Sec. 464. Coordination with other programs.
    Sec. 465. Notice and hearing procedures for suspension and 
              termination of financial assistance.
    Sec. 466. Distribution of benefits between rural and urban areas.
    Sec. 467. Volunteers not Federal employees.
    Sec. 468. Evaluation.
    Sec. 469. Eligibility for other benefits.
    Sec. 470. Legal expenses.

               Subtitle F--Authorization of Appropriations

    Sec. 491. Authorization of appropriations for programs.

                      TITLE I--GENERAL PROVISIONS

             Subtitle A--Statement of Purpose; Definitions

SEC. 101. PURPOSE.

  It is the purpose of this Act to encourage and assist State 
agencies, area agencies on aging, and tribal organizations to 
concentrate resources in order to develop greater capacity and 
foster the development and implementation of comprehensive and 
coordinated systems to serve older individuals by entering into 
cooperative arrangements in each State for the planning and 
provision of supportive services, nutrition services, 
multipurpose senior centers, community service employment, and 
volunteer services, in order to--
          (1) secure and maintain maximum independence and 
        dignity in a home environment for older individuals 
        capable of self care with appropriate supportive 
        services,
          (2) remove individual and social barriers to economic 
        and personal independence for older individuals,
          (3) provide a continuum of care for vulnerable older 
        individuals,
          (4) secure the opportunity for older individuals to 
        receive managed in-home and community-based long-term 
        care services,
          (5) ensure that older individuals will be protected 
        against abuse, neglect, and exploitation,
          (6) promote employment opportunities and community 
        service, and
          (7) empower older individuals to contribute to their 
        communities through volunteer services that enhance the 
        lives of the volunteers and those whom they serve.

SEC. 102. DEFINITIONS.

  For the purposes of this Act:
          (1) Abuse.--The term ``abuse'' means (except when 
        such term is used in the phrase ``drug and alcohol 
        abuse'') the willful--
                  (A) infliction of injury, unreasonable 
                confinement, intimidation, or cruel punishment 
                with resulting physical harm, pain, or mental 
                anguish, or
                  (B) deprivation by a person, including a 
                caregiver, of goods or services that are 
                necessary to avoid physical harm, mental 
                anguish, or mental illness.
          (2) Administration.--The term ``Administration'' 
        means the Administration on Aging.
          (3) Adult child with a disability.--The term ``adult 
        child with a disability'' means a child who--
                  (A) is 18 years of age or older,
                  (B) is financially dependent on an older 
                individual who is a parent of the child, and
                  (C) has a disability.
          (4) Alaska native.--The term ``Alaska Native'' means 
        an Alaska Native who is a member of an Alaska Native 
        organization.
          (5) Alaska native organization.--The term ``Alaska 
        Native organization'' means an Alaska Native village, 
        or an Alaskan Native regional or village corporation, 
        as defined in or established pursuant to the Alaska 
        Native Claims Settlement Act (Public Law 92-203; 85 
        Stat. 688), that is recognized as eligible for the 
        special programs and services provided by the United 
        States to Alaska Natives because of their status as 
        Alaska Natives.
          (6) Area agency on aging.--The term ``area agency on 
        aging'' means an area agency on aging designated under 
        section 303(a)(2)(A) or a State agency performing the 
        functions of an area agency on aging under section 
        303(a)(1)(E).
          (7) Assistant secretary.--The term ``Assistant 
        Secretary'' means the Assistant Secretary for Aging.
          (8) Assistive technology.--The term ``assistive 
        technology'' means technology, engineering 
        methodologies, or scientific principles appropriate to 
        meet the needs of, and address the barriers confronted 
        by, older individuals with functional limitations.
          (9) Board and care facility.--The term ``board and 
        care facility'' means an institution regulated by a 
        State pursuant to section 1616(e) of the Social 
        Security Act (42 U.S.C. 1382e(e)).
          (10) Caregiver.--The term ``caregiver'' means an 
        individual who has the responsibility for the care of 
        an older individual, either voluntarily, by contract, 
        by receipt of payment for care, or as a result of the 
        operation of law.
          (11) Caretaker.--The term ``caretaker'' means a 
        family member or other individual who provides (on 
        behalf of such individual or of a public or private 
        agency, organization, or institution) uncompensated 
        care to an older individual who needs supportive 
        services.
          (12) Case management service.--The term ``case 
        management service''--
                  (A) means a service provided to an older 
                individual, at the direction of the older 
                individual or a family member of the 
                individual--
                          (i) by an individual who is trained 
                        or experienced in the case management 
                        skills that are required to deliver the 
                        services and coordination described in 
                        subparagraph (B), and
                          (ii) to assess the needs, and to 
                        arrange, coordinate, and monitor an 
                        optimum package of services to meet the 
                        needs, of the older individual, and
                  (B) includes services and coordination such 
                as--
                          (i) comprehensive assessment of the 
                        older individual (including the 
                        physical, psychological, and social 
                        needs of the individual),
                          (ii) development and implementation 
                        of a service plan with the older 
                        individual to mobilize the formal and 
                        informal resources and services 
                        identified in the assessment to meet 
                        the needs of the older individual, 
                        including coordination of the resources 
                        and services--
                                  (I) with any other plans that 
                                exist for various formal 
                                services, such as hospital 
                                discharge plans, and
                                  (II) with the information and 
                                assistance services provided 
                                under this Act,
                          (iii) coordination and monitoring of 
                        formal and informal service delivery, 
                        including coordination and monitoring 
                        to ensure that services specified in 
                        the plan are being provided,
                          (iv) periodic reassessment and 
                        revision of the status of the older 
                        individual with--
                                  (I) the older individual, or
                                  (II) if necessary, a primary 
                                caregiver or family member of 
                                the older individual, and
                          (v) in accordance with the wishes of 
                        the older individual, advocacy on 
                        behalf of the older individual for 
                        needed services or resources.
          (13) Child.--Except when it appears as part of the 
        term ``adult child with a disability'', the term 
        ``child'' means--
                  (A) except for purposes of title IV, an 
                individual who is less than 18 years of age, 
                and
                  (B) for purposes of title IV, an individual 
                who is less than 21 years of age.
          (14) Client assessment.--The term ``client 
        assessment'' includes providing information relating to 
        assistive technology.
          (15) Community services.--The term ``community 
        services'' means--
                  (A) social, health, welfare, and educational 
                services (particularly literacy tutoring),
                  (B) legal and other counseling services and 
                assistance, including tax counseling and 
                assistance and financial counseling,
                  (C) library, recreational, and other similar 
                services,
                  (D) conservation, maintenance, or restoration 
                of natural resources,
                  (E) community betterment or beautification,
                  (F) antipollution and environmental quality 
                efforts,
                  (G) weatherization activities,
                  (H) economic development, and
                  (I) such other services essential and 
                necessary to the community as the Secretary, by 
                regulation, may require.
          (16) Comprehensive and coordinated system.--The term 
        ``comprehensive and coordinated system'' means a system 
        for providing all necessary supportive services, 
        including nutrition services, in a manner designed to--
                  (A) facilitate accessibility to, and 
                utilization of, all supportive services and 
                nutrition services provided within the 
                geographic area served by such system by any 
                public or private agency or organization,
                  (B) develop and make the most efficient use 
                of supportive services and nutrition services 
                in meeting the needs of older individuals,
                  (C) use available resources efficiently and 
                with a minimum of duplication, and
                  (D) encourage and assist public and private 
                entities that have unrealized potential for 
                meeting the service needs of older individuals 
                to assist the older individuals on a voluntary 
                basis.
          (17) Disability.--The term ``disability'' means 
        (except when such term is used in the phrase ``severe 
        disability'', ``developmental disabilities'', 
        ``physical and mental disabilities'', or ``physical 
        disabilities'') a disability attributable to mental or 
        physical impairment, or a combination of mental and 
        physical impairments, that results in substantial 
        functional limitations in 1 or more of the following 
        areas of major life activity: (A) self-care, (B) 
        receptive and expressive language, (C) learning, (D) 
        mobility, (E) self-direction, (F) capacity for 
        independent living, (G) economic self-sufficiency, (H) 
        cognitive functioning, and (I) emotional adjustment.
          (18) Elder abuse.--The term ``elder abuse'' means 
        abuse of an older individual.
          (19) Elder abuse, neglect, and exploitation.--The 
        term ``elder abuse, neglect, and exploitation'' means 
        abuse, neglect, and exploitation, of an older 
        individual.
          (20) Election.--When referring to an election for 
        Federal office, the term ``election'' has the meaning 
        given such term by section 301(1) of the Federal 
        Election Campaign Act of 1971 (Public Law 92-225).
          (21) Exploitation.--The term ``exploitation'' means 
        the illegal or improper act or process of an 
        individual, including a caregiver, using the resources 
        of an older individual for monetary or personal 
        benefit, profit, or gain.
          (22) Federal office.--The term ``Federal office'' has 
        the meaning given such term in section 301(3) of the 
        Federal Election Campaign Act of 1971 (Public Law 92-
        225).
          (23) Focal point.--The term ``focal point'' means an 
        entity that maximizes the collocation and coordination 
        of services for older individuals.
          (24) 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.
          (25) Greatest economic need.--The term ``greatest 
        economic need'' means the need resulting from an income 
        level at or below the poverty line.
          (26) 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.
          (27) 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, except that not 
                more than $150 per client may be expended under 
                this part for such modification,
                  (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.
          (28) Indian.--The term ``Indian'' means an Indian who 
        is a member of an Indian tribe.
          (29) 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.
          (30) 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.
          (31) Information and referral.--The term 
        ``information and referral'' includes information 
        relating to assistive technology.
          (32) 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.
          (33) 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), 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).
          (34) Low-income.--The term ``low-income'' means--
                  (A) for purposes of chapter 4 of subtitle A 
                of title III, income that is not more than 125 
                percent of the poverty line, and
                  (B) for purposes of title IV--
                          (i) income that is not more than 125 
                        percent of the poverty line, or
                          (ii) income that is not more than 100 
                        percent of such poverty line, as so 
                        adjusted and determined after taking 
                        into consideration existing poverty 
                        guidelines as appropriate to local 
                        situations.
          (35) 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.
          (36) Native american.--The term ``Native American'' 
        means--
                  (A) an Indian,
                  (B) an Alaska Native, or
                  (C) a Native Hawaiian.
          (37) 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,
          (38) Neglect.--The term ``neglect'' means--
                  (A) the failure to provide for oneself the 
                goods or services that are necessary to avoid 
                physical harm, mental anguish, or mental 
                illness, or
                  (B) the failure of a caregiver to provide the 
                goods or services.
          (39) 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.
          (40) Older individual.--The term ``older individual'' 
        means--
                  (A) except for purposes of chapter 4 of 
                subtitle A of title III, and title IV, an 
                individual who is 60 years of age or older, and
                  (B) for purposes of chapter 4 of subtitle A 
                of title III, and title IV, an individual who 
                is 55 years of age or older.
          (41) Physical harm.--The term ``physical harm'' means 
        bodily injury, impairment, or disease.
          (42) 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).
          (43) 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)).
          (44) 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.
          (45) Secretary.--The term ``Secretary'' means the 
        Secretary of Health and Human Services.
          (46) 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).
          (47) 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.
          (48) State agency.--The term ``State agency'' means 
        the agency designated under section 303(a)(1).
          (49) Supportive service.--The term ``supportive 
        service'' means a service described in section 321(a).
          (50) Tribal organization.--The term ``tribal 
        organization'' means--
                  (A) except for purposes of title II and 
                chapter 4 of subtitle A of title III,
                          (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 chapter 4 of subtitle A 
                of title III, a public or nonprofit private 
                organization that is primarily controlled by, 
                and comprised of, Indians or Indian tribes.
          (51) Unit of general purpose local government.--The 
        term ``unit of general purpose local government'' 
        means--
                  (A) a political subdivision of the State 
                whose authority is general and not limited to 
                only one function or combination of related 
                functions, or
                  (B) a tribal organization.

                       Subtitle B--Administration

SEC. 111. ESTABLISHMENT OF ADMINISTRATION ON AGING.

  (a) Establishment.--There is established in the Office of the 
Secretary, an Administration on Aging which shall be headed by 
an Assistant Secretary for Aging. This Act shall be 
administered through the Administration and under the 
supervision of the Secretary.
  (b) Assistant Secretary.--The Assistant Secretary shall be 
appointed by the President by and with the advice and consent 
of the Senate.
  (c) Designation Relating to Administration of Programs 
Affecting Native Americans.--The Assistant Secretary--
          (1) may establish an Office on Native Americans 
        within the Administration; and
          (2) shall designate an individual in the 
        Administration who has expertise with respect to 
        programs and services affecting Native Americans, who 
        shall be responsible, under the supervision of the 
        Assistant Secretary, for the administration of title II 
        and for coordination of other programs, projects, and 
        activities carried out under this Act that affect 
        Native Americans.
  (d) Designation Relating to the Administration of State Long-
Term Care Ombudsman Programs.--The Assistant Secretary 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.
  (f) Designation Relating to the Administration of Volunteer 
Service Programs.--The Assistant Secretary shall designate an 
individual in the Administration who has experience and 
expertise in administering volunteer programs for older 
individuals and who shall be responsible, under the supervision 
of the Assistant Secretary, for the administration of title IV.

SEC. 112. DUTIES OF ASSISTANT SECRETARY.

  The duties of the Assistant Secretary are as follows:
          (1) Advocacy.--To serve as the effective and visible 
        advocate for older individuals, within the Department 
        of Health and Human Services and with other 
        departments, agencies, and instrumentalities of the 
        Federal Government by maintaining active review of and 
        commenting on responsibilities of all Federal policies 
        affecting older individuals.
          (2) Information.--To collect and disseminate 
        information related to problems of older individuals 
        and aging.
          (3) Assistance to secretary.--To directly assist the 
        Secretary in all matters pertaining to problems of 
        older individuals and aging.
          (4) Administration.--To administer the grants 
        provided and contracts made under this Act.
          (5) Technical assistance.--To provide technical 
        assistance and consultation to States, and political 
        subdivisions of States, with respect to programs for 
        older individuals and aging.
          (6) Educational materials.--To prepare, publish, and 
        disseminate educational materials dealing with the 
        welfare of older individuals.
          (7) Statistics.--To gather statistics in the field of 
        aging that other Federal agencies are not collecting, 
        and to take whatever action is necessary to achieve 
        coordination of activities carried out or assisted by 
        all departments, agencies, and instrumentalities of the 
        Federal Government with respect to the collection, 
        preparation, and dissemination of information relevant 
        to older individuals.
          (8) Planning.--To coordinate, and to assist in, the 
        planning and development by public (including Federal, 
        State, and local agencies) and private organizations of 
        programs for older individuals to facilitate the 
        establishment of a nationwide network of comprehensive, 
        coordinated services and opportunities for older 
        individuals.
          (9) Statistical data regarding assisted activities.--
        To collect for each fiscal year, for fiscal years 
        beginning after September 30, 1996, directly or by 
        contract, statistical data regarding programs, 
        projects, and activities carried out with funds 
        provided under this Act, including--
                  (A) with respect to each type of service or 
                activity provided with such funds--
                          (i) the aggregate amount of such 
                        funds expended to provide such service 
                        or activity,
                          (ii) the number of individuals who 
                        received such service or activity, and
                          (iii) the number of units of such 
                        service or activity provided,
                  (B) the number of multipurpose senior centers 
                that received such funds.
          (10) Uniform data collection procedures.--To design 
        and implement, for purposes of compliance with 
        paragraph (9), uniform data collection procedures for 
        use by State agencies, including--
                  (A) uniform definitions and nomenclature,
                  (B) standardized data collection procedures,
                  (C) procedures for collecting information on 
                gaps in services needed by older individuals, 
                as identified by service providers in assisting 
                clients through the provision of the supportive 
                services, and
                  (D) procedures for the assessment of the 
                unmet need for services under this Act.
          (11) Research.--To develop and arrange for research 
        in the field of aging, based on consultations with 
        individuals and organizations knowledgeable in the 
        field of aging.
          (12) Information on community resources.--To 
        establish and operate, directly or by grant or 
        contract, nationwide a toll-free telephone line by 
        which individuals may obtain information and assistance 
        to locate community resources that may be available to 
        older individuals and their caregivers.

SEC. 113. FEDERAL AGENCY CONSULTATION.

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

SEC. 114. POWERS OF THE ASSISTANT SECRETARY.

  (a) Powers.--In carrying out this Act, the Assistant 
Secretary may--
          (1) provide consultative services and technical 
        assistance to public or nonprofit private agencies and 
        organizations,
          (2) provide short-term training and technical 
        instruction,
          (3) conduct research and demonstrations, and
          (4) collect, prepare, publish, and disseminate 
        special educational or informational materials, 
        including reports on programs, projects, and activities 
        for which funds are provided under this Act.
  (b) Authority To Make Grants.--From funds appropriated under 
section 120(a)(3), the Assistant Secretary may make grants to 
public or nonprofit private agencies, organizations, and 
institutions, and to tribal organizations, and may enter into 
contracts with agencies, organizations, institutions, and 
individuals for activities--
          (1) to expand the Nation's knowledge and 
        understanding of older individuals and the aging 
        process,
          (2) to design, to test, and to promote utilization of 
        innovative ideas and best practices in programs and 
        services for older individuals,
          (3) to help meet the needs for trained personnel in 
        the field of aging, and
          (4) to increase the awareness of citizens of all ages 
        of the need to assume personal responsibility for their 
        own aging through--
                  (A) education and training to develop an 
                adequately trained workforce to work with and 
                on behalf of older individuals,
                  (B) research and policy analysis to improve 
                access to and delivery of services for older 
                individuals,
                  (C) development of methods and practices to 
                improve quality and effectiveness of such 
                services,
                  (D) demonstration of new approaches to 
                design, delivery, and coordination of services 
                and activities for older individuals,
                  (E) technical assistance in planning, 
                development, implementation, evaluation, and 
                improvement of programs, projects, and 
                activities under this Act, and
                  (F) dissemination of information on issues 
                related to aging, their impact on individuals 
                and society, and relating to services and 
                activities benefiting older individuals.

SEC. 115. EVALUATIONS.

  (a) Duty of Secretary.--The Secretary may measure and 
evaluate the impact and effectiveness of all programs, 
projects, and activities carried out with funds provided under 
this Act. Evaluations shall be conducted by persons not 
immediately involved in the administration of the programs, 
projects, and activities evaluated.
  (b) Sources of Evaluation Information.--In carrying out 
evaluations under subsection (a), the Secretary shall--
          (1) to the maximum extent practicable, arrange to 
        obtain the opinions of participants in the programs, 
        projects, and activities being evaluated, and
          (2) consult with organizations concerned with the 
        welfare of older individuals.

SEC. 116. REPORTS.

  Not later than 120 days after the end of each fiscal year 
beginning after September 30, 1996, the Assistant Secretary 
shall prepare and submit to the President and to the Congress a 
complete report on the programs, projects, and activities 
carried out under this Act in such fiscal year. Such report 
shall include--
          (1) statistical data reflecting services and 
        activities provided under this Act to older individuals 
        during the fiscal year for which such report is 
        submitted,
          (2) statistical data collected under section 112(9), 
        and
          (3) statistical data, and an analysis of information, 
        regarding the effectiveness of the State agency and 
        area agencies on aging in targeting services to older 
        individuals with greatest economic need and older 
        individuals with greatest social need.

SEC. 117. REDUCTION OF PAPERWORK.

  In order to reduce unnecessary, duplicative, or disruptive 
demands for information, the Assistant Secretary, in 
consultation with State agencies and other appropriate agencies 
and organizations, shall continually review and evaluate all 
requests by the Administration for information under this Act 
and shall take such action as may be necessary to reduce the 
paperwork required under this Act. The Assistant Secretary 
shall request only such information as the Assistant Secretary 
deems essential to carry out the purpose and provisions of this 
Act and, in gathering such information, shall make use of 
uniform service definitions to the extent that such definitions 
are available.

SEC. 118. SURPLUS PROPERTY ELIGIBILITY.

  Any State or local government agency, and any nonprofit 
organization or institution, that receives funds appropriated 
for programs for older individuals under this Act, under title 
IV or title XX of the Social Security Act, under title VIII or 
X of Public Law 88-452 (commonly known as the Economic 
Opportunity Act of 1964) or the Community Services Block Grant 
Act, shall be deemed to be eligible to receive for such 
programs, property that is declared surplus to the needs of the 
Federal Government in accordance with laws applicable to 
surplus property.

SEC. 119. BENEFIT TREATMENT UNDER OTHER LAWS.

  No benefit (excluding wages, stipends, and cash allowances 
that are not reimbursements) received under a program, project, 
or activity carried out under this Act shall be treated under 
any Federal, State, or local law as income or resources of an 
eligible individual participating in such program, project, or 
activity.

SEC. 120. AUTHORIZATION OF APPROPRIATIONS.

  (a) In General.--(1) For the expenses (including salaries) of 
the Administration on Aging to carry out this Act (other than 
section 114(b) and title IV), there are authorized to be 
appropriated $17,069,000 for fiscal year 1997 and such sums as 
may be necessary for fiscal years 1998, 1999, 2000, and 2001.
  (2) Of the amount appropriated under paragraph (1) for each 
fiscal year, not more than $1,000,000 shall be available to 
carry out section 112(12).
  (3) There are authorized to be appropriated to carry out 
section 114(b) $26,500,000 for fiscal year 1997 and such sums 
as may be necessary for fiscal years 1998, 1999, 2000, and 
2001.
  (b) Title IV.--For the expenses (including salaries) of the 
Administration on Aging to carry out title IV, there are 
authorized to be appropriated $24,000,000 for fiscal year 1997 
and such sums as may be necessary for fiscal years 1998, 1999, 
2000, and 2001.

         TITLE II--GRANTS FOR NATIVE AMERICAN PROGRAMS ON AGING

SEC. 201. GRANTS FOR SERVICES TO NATIVE AMERICANS.

  (a) Authority To Make Grants.--The Assistant Secretary may 
make grants to eligible organizations to pay all of the costs 
for delivery of supportive services and nutrition services for 
older individuals who are Native Americans.
  (b) Eligibility of Organizations.--An organization is 
eligible to receive a grant under this title only if the 
organization is--
          (1) a tribal organization that--
                  (A) represents at least 50 older individuals, 
                and
                  (B) demonstrates the ability to deliver 
                supportive services and nutritional services,
          (2) an Alaska Native organization that--
                  (A) represents at least 50 older individuals, 
                and
                  (B) demonstrates the ability to deliver 
                supportive services and nutritional services, 
                or
          (3) a public or nonprofit private organization that--
                  (A) will serve at least 50 older individuals 
                who are Native Hawaiians, and
                  (B) demonstrates the ability to deliver 
                supportive services and nutrition services.

SEC. 202. APPLICATIONS FOR GRANTS.

  (a) Requirement.--A grant may not be made under this title 
unless an eligible organization submits an application to the 
Assistant Secretary that meets such criteria as the Assistant 
Secretary may establish by rule. Each such application shall--
          (1) provide that such organization shall evaluate the 
        need for supportive and nutrition services among older 
        individuals who are--
                  (A) Indians represented by the 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 the 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 the such 
                organization if such organization is a tribal 
                organization,
                  (B) Alaska Natives represented by such 
                organization if such organization is an Alaska 
                Native organization, or
                  (C) Native Hawaiians to be served by such 
                organization,
        will be in substantial compliance with the provisions 
        of subtitle A of title III relating to the furnishing 
        of similar services,
          (10) contain satisfactory assurances that fiscal 
        control and fund accounting procedures will be adopted 
        as may be necessary to ensure proper disbursement of, 
        and accounting for, Federal funds paid under this title 
        to such organization, including any funds paid by such 
        organization to a recipient of a grant or contract,
          (11) contain assurances that such organization will 
        coordinate services provided under this title with 
        services provided under subtitle A of title III in the 
        same geographical area, and
          (12) if the organization elects to solicit voluntary 
        contributions from older individuals, provide that such 
        organization will ensure that such contributions will 
        be--
                  (A) based on the ability of the older 
                individuals to make such contributions, and
                  (B) used to increase, or to expand access to, 
                services provided under this title.
  (b) Population Statistics.--For the purpose of any 
application submitted under this subsection (a), an eligible 
organization may develop its own population statistics, with a 
certification from the Bureau of Indian Affairs, in order to 
establish eligibility to receive a grant under this title.
  (c) Approval of Application.--The Assistant Secretary shall 
approve any application that complies with subsection (a).
  (d) Application Not Approved.--Whenever the Assistant 
Secretary determines not to approve an application submitted 
under subsection (a) the Assistant Secretary shall--
          (1) state objections in writing to the organization 
        within 60 days after such determination,
          (2) provide, to the extent practicable, technical 
        assistance to the organization to overcome such stated 
        objections, and
          (3) provide the organization with a hearing, under 
        such rules as the Assistant Secretary may issue.
  (e) Period Funded.--Whenever the Assistant Secretary approves 
an application of an organization under subsection (a), a grant 
shall be made for a period of not less than 12 months.

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

  (a) Maintenance of 1991 Amounts.--Subject to the availability 
of appropriations to carry out this title, the amount of the 
grant (if any) made under this title to a tribal organization, 
an Alaska Native organization, or an organization serving 
Native Hawaiians for fiscal year 1997 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 1996 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 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 $17,460,000 for fiscal year 1997 and such sums as may be 
necessary for fiscal years 1998, 1999, 2000, and 2001.

      TITLE III--GRANTS FOR STATE AND COMMUNITY PROGRAMS ON AGING

                Subtitle A--Grants for Programs on Aging

                     CHAPTER 1--GENERAL PROVISIONS

SEC. 301. TECHNICAL ASSISTANCE AND COOPERATION.

  In carrying out this title, the Assistant Secretary may 
request the technical assistance and cooperation of such other 
Federal agencies as the Assistant Secretary considers to be 
appropriate.

SEC. 302. ALLOTMENTS; FEDERAL SHARE.

  (a) Allotment of Funds for Supportive Services, Multipurpose 
Senior Centers, and Nutrition Services.--
          (1) Reservation of funds.--(A) Subject to 
        subparagraphs (B) and (C), the amounts appropriated 
        under subsections (a) and (b) of section 381 for fiscal 
        years 1997 through 2001 shall be allotted by the 
        Assistant Secretary among the States as follows:
                  (i) For each of the fiscal years 1997, 1998, 
                1999, and 2000--
                          (I) the product of such amount 
                        appropriated for such fiscal year and 
                        the base percentage rate for such 
                        fiscal year shall be allotted among the 
                        States proportionately based on their 
                        respective shares of the funds 
                        appropriated for fiscal year 1996 
                        allotted to the States to carry out 
                        titles III and VII of the Older 
                        Americans Act of 1965, and
                          (II) the balance of the such amount 
                        appropriated for such fiscal year shall 
                        be allotted among the State 
                        proportionately based on the population 
                        of individuals 60 years of age or older 
                        in the States.
                  (ii) For purposes of clause (i), the base 
                percentage rates are the following:

        Fiscal year:                               Base percentage rate:
            1997..............................................80 percent
            1998..............................................60 percent
            1999..............................................40 percent
            2000..............................................20 percent
                  (iii) Such amount appropriated for fiscal 
                year 2001 shall be allotted among the States 
                proportionately based on the population of 
                individuals 60 years of age or older in the 
                States.
          (B) The amounts allotted under subparagraph (A) shall 
        be reduced proportionately to the extent necessary to 
        increase other allotments under such subparagraph to 
        achieve the 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 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) 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 Funds for Community Service Employment.--
          (1) Reservation of funds for tribal organizations.--
                  (A) Amount reserved.--Of the amount 
                appropriated under subsection (c) of section 
                381 for each of the fiscal years 1997, 1998, 
                1999, 2000, and 2001, the Assistant Secretary 
                shall reserve not more than 1.3 percent for 
                making grants under chapter 4 to tribal 
                organizations.
                  (B) Administrative costs.--Of the amounts 
                reserved under subparagraph (A) for grants to 
                tribal organizations, such part of such grants 
                as the Secretary determines, but not more than 
                7 percent, may be used by tribal organizations 
                for administrative costs incurred by the tribal 
                organizations to carry out chapter 4.
          (2) Allotment of funds for fiscal years 1997-2001.--
        (A) After reserving funds under paragraph (1), the 
        amount appropriated under subsection (c) of section 381 
        for fiscal years 1997 through 2001 shall be allotted by 
        the Assistant Secretary among the States as follows:
                  (i) For each of the fiscal years 1997, 1998, 
                1999, 2000, and 2001, such amount appropriated 
                for such fiscal year, to the extent such amount 
                does not exceed the amount appropriated for 
                fiscal year 1996 to carry out title V of the 
                Older Americans Act of 1965, shall be allotted 
                among the States proportionately based on the 
                sum of--
                          (I) their respective shares of the 
                        funds appropriated for fiscal year 1996 
                        allotted to the States to carry out 
                        such title V, and
                          (II) the amount of such funds 
                        appropriated for fiscal year 1996 
                        expended by national organizations in 
                        the States, respectively.
                  (ii) If such amount appropriated for any of 
                such fiscal years exceeds the amount 
                appropriated for fiscal year 1996 to carry out 
                title V, the excess amount shall be allotted in 
                accordance with subparagraph (B).
          (B) Allotments based on age and per capita income.--
        Each amount referred to in subparagraph (A)(ii) shall 
        be allotted as follows:
                  (i) Subject to clause (ii), each State 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.
                  (ii) The amounts allotted under clause (i) 
                shall be reduced proportionately to the extent 
                necessary to increase other allotments under 
                such clause 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, American Samoa, the Virgin 
                        Islands of the United States, and the 
                        Commonwealth of the Northern Mariana 
                        Islands shall each 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.
          (C) Allotment percentage.--For purposes of 
        subparagraph (B)(i)--
                  (i) except as provided in clause (ii), 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 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
                  (ii) 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.
          (D) Limitation.-- For purposes of subparagraphs 
        (B)(ii)(I) and (C)(i), the term ``State'' does not 
        include Guam, American Samoa, the Virgin Islands of the 
        United States, or Commonwealth of the Northern Mariana 
        Islands.
          (E) Population and per capita income 
        determinations.--For purposes of this paragraph, 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 Assistant Secretary on the basis 
        of the most satisfactory data available to the 
        Assistant Secretary on the basis of the most 
        satisfactory data available to the Assistant Secretary.
  (c) Permitted Use of Allotments.--
          (1) Administration of state plans.--(A) Except as 
        provided in subparagraph (B), the greater of 7 percent 
        of the aggregate of the allotments made to a State 
        under subsections (a) and (b), or $800,000, whichever 
        is greater, shall be available to the State to use in 
        accordance with section 306(a) and for administrative 
        costs incurred by the State to carry out chapter 4.
          (B) In the case of allotments made under subsections 
        (a) and (b) to Guam, American Samoa, the Virgin Islands 
        of the United States, and the Commonwealth of the 
        Northern Mariana Islands, 7 percent of the aggregate of 
        such allotments or $120,000, whichever is greater, 
        shall be available to each to use in accordance with 
        section 306(a) and for administrative costs incurred by 
        the State to carry out chapter 4.
          (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, 3, and 4 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 
        the aggregate of its allotments under subsections (a) 
        and (b).
          (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 aggregate of the 
        allotments made under subsections (a) and (b) for such 
        fiscal year.
          (D) An application submitted under subparagraph (A) 
        by a State may not be approved unless it contains 
        assurances that no funds received by the State under 
        this subsection will be used to hire any individual to 
        fill a job opening created by the action of the State 
        in laying off or terminating the employment of any 
        regular employee not supported under this Act in 
        anticipation of filling the vacancy so created by 
        hiring an employee to be supported through use of 
        amounts received under this subsection.
          (3) Additional uses.--(A) Of the allotments 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 85 percent, of the administrative costs 
        incurred to carry out area plans submitted in 
        accordance with section 305.
          (B)(i) Of the allotments made under subsection (a) to 
        a State for a fiscal year and remaining after the 
        application of paragraph (1) and subparagraph (A), such 
        part as the State agency determines, but not more than 
        5 percent of such remaining amount or $500,000 
        (whichever is less), may be reserved by the State until 
        June 30 for distribution to area agencies on aging in 
        such State for the delivery of supportive services (and 
        related supplies) during any major disaster declared by 
        the President in accordance with the Robert T. Stafford 
        Disaster Relief and Emergency Assistance Act.
          (ii) Any amount reserved under clause (i) that is not 
        distributed in accordance with such clause shall be 
        used as if this subparagraph were not in effect.

SEC. 303. ELIGIBILITY OF STATES; ORGANIZATION.

  (a) Eligibility of States.--For a State to be eligible to 
receive funds allotted under section 302(a)--
          (1) the State shall, in accordance with rules issued 
        by the Secretary, designate a State agency as the sole 
        State agency to--
                  (A) develop a State plan to be submitted to 
                the Assistant Secretary for approval under 
                section 304,
                  (B) administer the State plan within the 
                State,
                  (C) be responsible for the planning, policy 
                development, administration, coordination, 
                priority setting, and evaluation of all State 
                activities related to carrying out chapters 2 
                and 3,
                  (D) serve as an effective and visible 
                advocate for older individuals by reviewing and 
                commenting on all State plans, budgets, and 
                policies that affect older individuals, and to 
                provide technical assistance to any agency, 
                organization, or association representing the 
                needs of older individuals, and
                  (E) except as provided in subsection (e), 
                divide the State into distinct planning and 
                service areas or designate the entire State as 
                a single planning and service area,
          (2) the State agency shall--
                  (A) designate an area agency on aging for 
                each planning and service area,
                  (B) take into account in the development and 
                administration of the State plan for any fiscal 
                year--
                          (i) the views of recipients of 
                        supportive services, nutrition 
                        services, or community service 
                        employment, or
                          (ii) individuals using multipurpose 
                        senior centers,
                as the case may be, provided under such plan,
                  (C) after consultation with area agencies and 
                using the best available data, develop and 
                publish for review and comment a formula for 
                distribution within the State of funds received 
                under chapters 2 and 3 that takes into 
                account--
                          (i) the geographical distribution of 
                        older individuals in the State, and
                          (ii) the distribution among planning 
                        and service areas of older individuals 
                        with greatest economic need and older 
                        individuals with greatest social need, 
                        and
                  (D) provide an assurance that preference will 
                be given to providing services to older 
                individuals with greatest economic need and 
                older individuals with greatest social need, 
                with particular attention to low-income 
                minority individuals, and include proposed 
                methods to carry out the preference in the 
                State plan.
  (b) Designation of Area Agencies on Aging.--(1) An area 
agency on aging designated under subsection (a) shall be--
          (A) an established office of aging,
          (B) any office or agency of a unit of general purpose 
        local government, that is designated to function only 
        for the purpose of serving as an area agency on aging 
        by the chief elected official of such unit,
          (C) any office or agency designated by the 
        appropriate chief elected officials of any combination 
        of units of general purpose local government to act 
        only on behalf of such combination for such purpose,
          (D) any public or nonprofit private agency in a 
        planning and service area, or any separate 
        organizational unit within such agency, that is under 
        the supervision or direction for this purpose of the 
        designated State agency and that can and will engage 
        only in the planning or provision of a broad range of 
        supportive services, or nutrition services within the 
        planning and service area, or
          (E) in the case of a State designated under 
        subsection (a)(1)(E) as a single planning and service 
        area, the State agency,
and shall provide assurance, determined adequate by the State 
agency, that the area agency on aging will have the ability to 
develop an area plan and to carry out, directly or through 
contractual or other arrangements, a program in accordance with 
the plan within the planning and service area.
  (2) In designating an area agency on aging within the 
planning and service area or within any unit of general purpose 
local government designated as a planning and service area, the 
State shall give preference to an established office on aging, 
unless the State agency finds that no such office within the 
planning and service area will have the capacity to carry out 
the area plan.
  (c) Due Process.--A State agency shall establish, after 
consultation with area agencies on aging, procedures to provide 
due process to affected parties, if the State agency initiates 
an action or proceeding to change the designation of any 
designated planning and service area or of any designated area 
agency on aging.
  (d) Grandfather Provision.--A State that on or before October 
1, 1980, had designated, with the approval of the Commissioner 
on Aging, a single planning and service area covering all of 
the older individuals in the State, in which the State agency 
was administering the area plan, may after that date designate 
one or more additional planning and service areas within the 
State to be administered by public or nonprofit private 
agencies or organizations as area agencies on aging. The State 
agency shall continue to perform the functions of an area 
agency on aging for any area of the State not included in a 
planning and service area for which an area agency on aging has 
been designated.

SEC. 304. STATE PLANS.

  (a) Plan.--Each State, in order to be eligible for grants 
from its allotment under section 302(a) for any fiscal year, 
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 contain 
        assurances that the State plan will be based upon area 
        plans developed by area agencies on aging within the 
        State designated under section 303(a)(2)(A) and that 
        the State will prepare and distribute a uniform format 
        for use by area agencies on aging in developing area 
        plans 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 and 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 establish a grievance procedure that will afford 
        an opportunity for a hearing upon request to any agency 
        on aging submitting a plan under section 305, to any 
        provider of a service under such a plan, or to any 
        applicant to provide a service under such a plan. The 
        State agency shall establish and publish the procedures 
        for requesting and conducting such hearing.
          (5) Fiscal control and fund accounting; conflicts of 
        interest.--(A) The plan shall provide satisfactory 
        assurance that such fiscal control and fund accounting 
        procedures will be adopted as may be necessary to 
        assure proper disbursement of, and accounting for, 
        funds received from allotments made under section 
        302(a) to the State, including any such funds paid to 
        the recipients of a grant or contract.
          (B) The plan shall provide assurances that--
                  (i) no individual (appointed or otherwise) 
                involved in the designation of the State agency 
                or an area agency on aging, or in the 
                designation of the head of any subdivision of 
                the State agency or of an area agency on aging, 
                is subject to a conflict of interest prohibited 
                under this subtitle,
                  (ii) no officer, employee, or other 
                representative of the State agency or an area 
                agency on aging is subject to a conflict of 
                interest prohibited under this subtitle, and
                  (iii) mechanisms are in place to identify and 
                remove conflicts of interest prohibited under 
                this subtitle.
          (C) The plan shall provide assurances that the State 
        agency and each area agency on aging will--
                  (i) maintain the integrity and public purpose 
                of services provided, and service providers, 
                under the State plan in all contractual and 
                commercial relationships, and
                  (ii) demonstrate that the quantity or quality 
                of the services to be provided under the State 
                plan will be enhanced as a result of such 
                contract or such relationship,
          (6) Information and assistance services.--The plan 
        shall provide for establishing and maintaining 
        information and assistance services in sufficient 
        numbers to ensure, to the maximum extent practicable, 
        that all older individuals in the State who are not 
        furnished adequate information and assistance services 
        under section 305(a)(3) will have reasonably convenient 
        access to such services.
          (7) Limitations.--(A) The plan shall provide that no 
        supportive services, nutrition services, or in-home 
        services will be directly provided by the State agency 
        or an area agency on aging, except when, in the 
        judgment of the State agency--
                  (i) provision of such services by the State 
                agency or an area agency on aging is necessary 
                to ensure an adequate supply of such services,
                  (ii) such services are directly related to 
                the administrative functions of the State 
                agency or area agency on aging, or
                  (iii) such services of comparable quality can 
                be provided more economically by the State 
                agency or area agency on aging.
          (B)(i) Subparagraph (A) shall apply to case 
        management services only if such services are provided 
        through an agency (other than the State agency) 
        designated to provide case management services under 
        another law.
          (ii) Subparagraph (A) shall not apply with respect to 
        information and assistance services and to outreach.
          (8) State long-term care ombudsman program.--Subject 
        to subsection (g), the plan shall provide assurances 
        that the State agency will carry out a State long-term 
        care ombudsman program that complies with all the 
        following specifications:
                  (A) Duties.--The State agency shall--
                          (i) identify, investigate, and 
                        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,
                          (ii) provide services to assist such 
                        residents in protecting the health, 
                        safety, welfare, and rights of such 
                        residents,
                          (iii) inform such residents about 
                        means of obtaining services provided by 
                        providers or agencies described in 
                        clause (i)(II) or services described in 
                        clauses (i),
                          (iv) 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,
                          (v) 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,
                          (vi) provide administrative and 
                        technical assistance to entities 
                        designated under subparagraph (F) to 
                        assist the entities in participating in 
                        the program,
                          (vii) 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,
                          (viii) provide for training program 
                        representatives of the State agency, 
                        and
                          (ix) carry out such other activities 
                        as the State agency determines to be 
                        appropriate.
                  (B) Contracts and arrangements.--(i) Except 
                as provided in clause (ii), the State agency 
                may carry out the program, directly, or by 
                contract or other arrangement with any public 
                agency or nonprofit private organization.
                  (ii) The State agency may not enter into a 
                contract or other arrangement described in 
                clause (i) 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.
                  (C) Designation of local ombudsman entities 
                and representatives.--(i) In carrying out the 
                duties specified in subparagraph (A), 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.
                  (ii) 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.
                  (iii)(I) The State agency shall establish 
                policies and procedures for monitoring local 
                ombudsman entities designated to carry out the 
                duties specified in subparagraph (A).
                  (II) If the entities are grantees, or the 
                representatives are employees, of area agencies 
                on aging, the State agency shall develop the 
                policies after consultation with the area 
                agencies on aging. The policies shall provide 
                for participation and comment by such agencies 
                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.
                  (D) Procedures for access.--The State shall 
                ensure, and shall establish procedures that 
                ensure, that program representatives of the 
                State agency shall have--
                          (i) access to long-term care 
                        facilities and residents,
                          (ii)(I) appropriate access to review 
                        the medical and social records of a 
                        resident, if the representative 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,
                          (iii) 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
                          (iv) access to and, on request, 
                        copies of all licensing and 
                        certification records maintained by the 
                        State with respect to long-term care 
                        facilities.
                  (E) 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.
                  (F) Disclosure.--(i) 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 subparagraphs (D) and (E).
                  (ii) The procedures described in clause (i) 
                shall provide that, subject to clause (iii), 
                the files and records described in clause (i) 
                may be disclosed only at the discretion of the 
                State agency. The procedures described in 
                clause (i) 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.
                  (G) 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.
                  (H) 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.
                  (I) Legal counsel.--The State agency shall 
                ensure that--
                          (i)(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
                          (ii) the State agency pursues 
                        administrative, legal, and other 
                        appropriate remedies on behalf of such 
                        residents.
                  (J) 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.
                  (K) Noninterference.--The State shall--
                          (i) 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,
                          (ii) 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
                          (iii) provide for appropriate 
                        sanctions with respect to the 
                        interference, retaliation, and 
                        reprisals.
          (9) Legal assistance.--If a State elects to provide 
        legal assistance, the plan shall contain assurances 
        that with respect to legal assistance that area 
        agencies on aging will--
                  (A) enter into contracts with providers of 
                legal assistance that can demonstrate the 
                experience or capacity to deliver legal 
                assistance, and
                  (B) attempt to involve the private bar in 
                legal assistance activities authorized under 
                this chapter, including groups within the 
                private bar furnishing services to older 
                individuals on a pro bono and reduced fee 
                basis.
          (10) Prevention 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 of elder abuse, neglect, and 
        exploitation, the plan shall--
                  (A) contain 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,
                  (B) contain an assurance that individuals who 
                provide services to prevent elder abuse, 
                neglect, and exploitation are trained to 
                effectively deal with such reported instances,
                  (C) contain an assurance that involuntary or 
                coerced participation in such program by 
                alleged victims, abusers, or members of their 
                households will not be permitted,
                  (D) contain 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 
                except--
                          (i) if all parties to such complaint 
                        consent in writing to the release of 
                        such information,
                          (ii) if 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
                          (iii) upon court order,
                  (E) contain 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 subparagraph (D),
                  (F) contain an assurance that the State 
                agency will coordinate its program 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,
                  (G) contain an assurance that older 
                individuals participate in decisions regarding 
                their welfare, and
                  (H) specify such other activities that the 
                State agency determines to be beneficial in the 
                prevention of abuse, neglect, or exploitation 
                of older individuals and intends to carry out 
                under such program.
          (11) Outreach.--The plan shall provide assurances 
        that the State agency will require outreach efforts 
        that will--
                  (A) identify individuals eligible for 
                assistance under chapters 2 and 3, with special 
                emphasis on--
                          (i) older individuals residing in 
                        rural areas,
                          (ii) older individuals with greatest 
                        economic need,
                          (iii) older individuals with greatest 
                        social need,
                          (iv) older individuals with severe 
                        disabilities,
                          (v) older individuals with limited 
                        English-speaking ability,
                          (vi) older individuals with 
                        Alzheimer's disease or related 
                        disorders with neurological and organic 
                        brain dysfunction (and the caretakers 
                        of such individuals), and
                          (vii) low-income minority 
                        individuals, and
                  (B) inform the older individuals referred to 
                in clauses (i) through (vii) of subparagraph 
                (A), and the caretakers of such individuals, of 
                the availability of such assistance.
          (12) Older individuals with disabilities.--The plan 
        shall provide, with respect to the needs of older 
        individuals with disabilities, assurances that the 
        State agency will coordinate planning, identification, 
        assessment of needs, and services for older individuals 
        with disabilities (with particular attention to 
        individuals with severe disabilities) with the State 
        agencies with primary responsibility for individuals 
        with disabilities (including severe disabilities).
          (13) Coordination of community-based long-term care 
        services.--The plan shall provide assurances that area 
        agencies on aging will conduct efforts to facilitate 
        the coordination of community-based long-term care 
        services, pursuant to section 305(a)(6)(G), for older 
        individuals who--
                  (A) reside at home and are at risk of 
                institutionalization because of limitations on 
                their ability to function independently,
                  (B) are patients in hospitals and are at risk 
                of prolonged institutionalization, or
                  (C) are patients in long-term care 
                facilities, but who can return to their homes 
                if community-based services are provided to 
                them.
          (14) Prohibition on misuse of funds.--The plan shall 
        provide assurances that funds received from allotments 
        under section 302(a) will not be used to pay any part 
        of a cost (including an administrative cost) incurred 
        by the State or an area agency on aging to carry out a 
        contract or commercial relationship that is not carried 
        out to implement chapter 2 or 3.
          (15) Coordination of services; provision of 
        multigenerational services.--The plan shall provide 
        assurances that demonstrable efforts will be made--
                  (A) to coordinate services provided under 
                chapters 2 and 3 with other State services that 
                benefit older individuals, and
                  (B) to provide multigenerational activities, 
                such as opportunities for older individuals to 
                serve as mentors or advisers in programs that 
                provide child care, youth day care, educational 
                assistance, at-risk youth intervention, 
                juvenile delinquency treatment, and family 
                support.
          (16) Quality assurance.--The plan shall include 
        assurances that the State has in effect a mechanism to 
        provide for quality in the provision of services under 
        chapters 2 and 3.
          (17) Cost sharing.--If the State, after consultation 
        with area agencies on aging, elects to require cost 
        sharing by recipients of services under the State plan 
        (or to require or permit area agencies on aging to 
        require cost sharing by recipients of services under 
        area plans), the plan shall--
                  (A) provide that no cost sharing shall be 
                required for--
                          (i) information and assistance 
                        services, outreach, benefits 
                        counseling, or case management 
                        services, or
                          (ii) ombudsman or other protective 
                        services, or
                  (B)(i) exempt from cost-sharing requirements 
                individuals with incomes below a low-income 
                threshold set by the State that is not lower 
                than 125 percent of the poverty line,
                  (ii) set cost-sharing rates for individuals 
                with incomes above such threshold on a sliding-
                fee scale based on income,
                  (iii) provide that the income of older 
                individuals will be determined by self-
                declaration, and
                  (C) provide that individuals will not be 
                denied a service under the plan because of the 
                inability of such individual to pay a share of 
                the cost of such service.
          (18) Solicitation of voluntary contributions.--The 
        plan shall provide that the State will permit area 
        agencies on aging to permit service providers to 
        solicit for services provided under the plan voluntary 
        contributions that--
                  (A) are based on the ability of older 
                individuals to make such contributions, and
                  (B) will be used to increase, or expand 
                access to, services provided under the plan.
          (19) Use of vouchers to obtain services.--(A) Subject 
        to subparagraph (B), the plan shall identify each 
        specific supportive service and each nutrition service, 
        if any, the State agency elects to permit area agencies 
        on aging to provide by issuing vouchers (redeemable by 
        the State agency or area agency on aging) to older 
        individuals to permit such individuals to obtain such 
        service.
          (B) A State agency may make an election under 
        subparagraph (A) with respect to a nutrition service 
        only if the plan includes an assurance that--
                  (i) such service provided in exchange for 
                vouchers will provide meals that satisfy the 
                requirements specified in section 332(2)(A), 
                and
                  (ii) an area agency on aging will be 
                permitted by the State agency to provide such 
                service by issuing such vouchers, only if the 
                area agency on aging is unable to provide such 
                service by contract with a service provider.
  (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), theState 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) Except as provided in 
paragraph (2), the aggregate amount of funds made available 
under this Act that may be expended by a State in any fiscal 
year--
          (A) to carry out the State long-term care ombudsman 
        program described in subsection (a)(8), and
          (B) to provide services for the prevention of elder 
        abuse, neglect, and exploitation, described in 
        subsection (a)(10),
may not exceed the amount that bears the same ratio to the 
aggregate amount of funds made available under this Act for 
such fiscal year to carry out chapter 2 as the amount of funds 
made available under the Older Americans Act of 1965 for fiscal 
year 1995 expended by the State to carry out the State long-
term care ombudsman programs, and programs with respect to the 
prevention of elder abuse, neglect, and exploitation, under 
title VII and part B of title III of the Older Americans Act of 
1965 bears to the aggregate amount of funds made available 
under such Act for fiscal year 1995 to carry out such title VII 
and such part B.
  (2)(A) If a State demonstrates, in an application, to the 
satisfaction of the Assistant Secretary that the maximum amount 
paragraph (1) permits the State to expend for a fiscal year--
          (i) to carry out the State long-term care ombudsman 
        program described in subsection (a)(8), and
          (ii) to provide services for the prevention of elder 
        abuse, neglect, and exploitation, described in 
        subsection (a)(10),
is insufficient to satisfy the need for services provided under 
paragraphs (8) and (10) of subsection (a), then the Assistant 
Secretary may grant a waiver that permits the State to expend 
for such fiscal year an amount equal to not more than 150 
percent of such maximum amount to provide services under such 
paragraphs.
  (B) At a minimum, the application described in subparagraph 
(A) shall include a description of the additional amount 
requested to be so expended, the purposes for which such amount 
will be expended, the need for such amount, and the impact so 
expending such amount will have on the provision of other 
services provided under chapter 2. The Assistant Secretary 
shall approve or deny the application in writing.

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, the number of 
                older individuals who have greatest economic 
                need residing in such area, the number of older 
                individuals who have greatest social need 
                residing in such area, the number of older 
                individuals residing on reservations in such 
                area, and the number of older individuals who 
                are Indians residing in such area, and the 
                efforts of voluntary organizations in the 
                community),
                  (C) evaluating the effectiveness of the use 
                of resources in meeting such need, and
                  (D) entering into agreements with providers 
                of supportive services, nutrition services, or 
                multipurpose senior centers in such area, for 
                the provision of such services or centers to 
                meet such need.
          (2) Promotion of independent living.--The plan shall 
        promote independent living through the provision of 
        home- and community-based care, address the nutrition 
        and health-promotion needs of older individuals, 
        provide advocacy for and protect the rights of 
        vulnerable older individuals in both community-based 
        and institutional settings, specify efforts to be 
        undertaken to ensure the quality of supportive services 
        and nutrition services provided in such settings, 
        enhance access to services provided under the plan, and 
        encourage community participation in carrying out the 
        plan.
          (3) Information and assistance services.--The plan 
        shall provide for the establishment and maintenance of 
        information and assistance services to ensure that 
        older individuals within the planning and service area 
        covered by the plan will have reasonably convenient 
        access to such services, with particular emphasis on 
        linking services available to isolated older 
        individuals and older individuals with Alzheimer's 
        disease or related disorders with neurological and 
        organic brain dysfunction (and the caretakers 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, older 
        individuals with greatest social need, and older 
        individuals residing in rural areas.
          (B) The plan shall contain assurances that the area 
        agency on aging will use outreach efforts that will--
                  (i) identify individuals eligible for 
                assistance under chapters 2 and 3, with special 
                emphasis on--
                          (I) older individuals residing in 
                        rural areas,
                          (II) older individuals with greatest 
                        economic need,
                          (III) older individuals with greatest 
                        social need,
                          (IV) older individuals with severe 
                        disabilities,
                          (V) older individuals with limited 
                        English-speaking ability,
                          (VI) older individuals with 
                        Alzheimer's disease or related 
                        disorders with neurological and organic 
                        brain dysfunction (and the caretakers 
                        of such individuals), and
                          (VII) low-income minority 
                        individuals, and
                  (ii) inform the older individuals referred to 
                in subclauses (I) through (VII) of clause (i), 
                and the caretakers of such individuals, of the 
                availability of such assistance.
          (5) Evaluations; 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 subtitles A and C of title IV.
          (7) Prevention of the abuse, neglect, or exploitation 
        of older individuals.--If the area agency on aging 
        elects to provide a program to prevent 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 to 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 a provision, to consumers, of a 
                list of available service providers for 
                appropriate care in the planning and service 
                area served by such agency,
                  (D) be provided in a manner that gives a 
                consumer the right to choose a provider of 
                preference, and
                  (E) be provided by--
                          (i) a public agency, or
                          (ii) a nonprofit private agency 
                        that--
                                  (I) does not provide, and 
                                does not have a direct or 
                                indirect ownership or 
                                controlling interest in, or a 
                                direct or indirect affiliation 
                                or relationship with, an entity 
                                that provides, services (other 
                                than case management services, 
                                outreach, and information and 
                                referral) under this title,
                                  (II) is located in a rural 
                                area and obtains a waiver of 
                                the requirement described in 
                                subclause (I), or
                                  (III) is a community-based 
                                organization that is described 
                                in section 501(c)(3) of the 
                                Internal Revenue Code of 1986, 
                                that is exempt from taxation 
                                under section 501(a) of such 
                                Code, and that is located in a 
                                planning and service area in 
                                which an area agency on aging 
                                made a contract with 1 or more 
                                nonprofit private agencies to 
                                provide case management 
                                services in fiscal year 1992 
                                under the Older Americans Act 
                                of 1965.
          (13) Cost sharing.--The plan shall contain assurances 
        that any requirements for cost sharing by recipients of 
        services provided under the plan will be consistent 
        with those provisions of the State plan that satisfy 
        the requirement specified in section 304(a)(17).
          (14) Older individuals with disabilities.--The plan 
        shall provide, with respect to the needs of older 
        individuals with disabilities, assurances that the area 
        agency will coordinate planning, identification, 
        assessment of needs, and services for older individuals 
        with disabilities (with particular attention to 
        individuals with severe disabilities) with the State 
        agency.
          (15) Telephone listing.--The plan shall contain an 
        assurance that the area agency on aging will list the 
        telephone number of such agency in each telephone 
        directory that is published, by the provider of local 
        telephone service, for residents in any geographical 
        area that lies in whole or in part in the service and 
        planning area served by such agency--
                  (A) under the name ``Area Agency on Aging'',
                  (B) in the unclassified section of the 
                directory, and
                  (C) to the extent possible, in the classified 
                section of the directory, under a subject 
                heading designated by the Assistant Secretary 
                by regulation.
  (b) Preservation of Attorney-Client Privilege.--An area 
agency on aging may not require any provider of legal 
assistance under this chapter to reveal any information that is 
protected by the attorney-client privilege.
  (c) State Authority To Withhold Funds.--(1) If the head of a 
State agency finds that an area agency on aging has failed to 
comply with Federal or State laws, including the area plan 
requirements of this section, rules, or policies, the State may 
withhold from the area agency on aging a portion of the funds 
available under the allotment made under section 302(a).
  (2)(A) The head of a State agency shall not make a final 
determination withholding funds under paragraph (1) without 
first affording the area agency on aging due process in 
accordance with procedures established by the State agency.
  (B) At a minimum, such procedures shall include procedures 
for--
          (i) providing notice of an action to withhold funds,
          (ii) providing documentation of the need for such 
        action, and
          (iii) at the request of the area agency on aging, 
        conducting a public hearing concerning such action.
  (3)(A) If a State agency withholds the funds under paragraphs 
(1) and (2), the State agency may use the funds withheld to 
directly administer programs under chapters 2 and 3 in the 
planning and service area served by the area agency on aging 
for a period not to exceed 180 days, except as provided in 
subparagraph (B).
  (B) If the State agency determines that the area agency on 
aging has not taken corrective action, or if the State agency 
does not approve the corrective action, during the 180-day 
period described in subparagraph (A), the State agency may 
extend the period for not more than 90 days.

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

  (a) Grants for State Activities.--(1) Amounts available to 
States under section 302(c)(1) may be used to make grants to 
States to pay such percentage as each State agency determines, 
but not more than 85 percent, of the cost of the administration 
of its State plan, including--
          (A) the preparation of the State plan,
          (B) the evaluation of activities carried out under 
        such plan,
          (C) the collection of data and the carrying out of 
        analyses related to the need for supportive services, 
        nutrition services (taking into consideration the 
        comparative need for home-delivered nutrition services 
        and for congregate nutrition services), multipurpose 
        senior centers, and community service employment within 
        the State, and dissemination of information so 
        obtained,
          (D) the provision of short-term training to personnel 
        of public or nonprofit private agencies and 
        organizations engaged in the operation of programs, 
        projects, and activities authorized by chapters 2 and 
        3, and
          (E) and the carrying out of demonstration projects of 
        statewide significance relating to the initiation, 
        expansion, or improvement of services and activities 
        provided under chapters 2 and 3.
  (2) Any funds available to a State under subsection (b) for 
part of the cost of the administration of its State plan that 
the State determines is not needed for such purpose may be used 
by the State to supplement the amount available under section 
302(c)(3)(A) to cover part of the cost of the administration of 
area plans.
  (3) The portion of the allotment made available under section 
302(c)(1) to a State for any fiscal year, that the State 
determines will not be required by the State for such year for 
the purposes described in paragraph (1) shall be available to 
the State to provide services under chapter 2, chapter 3, or 
both, in the State.
  (4) Any State that is designated under section 303(a)(1)(E) a 
single planning and service area covering all, or substantially 
all, of the older individuals in the State, as determined by 
the Assistant Secretary, may elect to pay part of the costs of 
the administration of State and area plans either out of the 
amount of funds received under this section or out of the 
amount of funds made available for the administration of area 
plans under section 302(c)(3)(A), but shall not pay such costs 
out of both such amounts.
  (b) Authority To Transfer Funds.--(1)(A) Notwithstanding any 
other provision of this subtitle and except as provided in 
subparagraph (B), of the funds received by a State attributable 
to funds appropriated under subsections (a) and (b) of section 
381, the State (after consultation with area agencies on aging 
and with service providers) may elect to transfer not more than 
25 percent for any fiscal year between programs under chapter 2 
and programs under chapter 3 for use as the State considers 
appropriate. The State shall notify the Assistant Secretary of 
any such election.
  (B) If a State demonstrates in an application, to the 
satisfaction of the Assistant Secretary, that funds received by 
the State and attributable to funds appropriated under 
subsections (a) and (b) of section 381, (including funds 
transferred under subparagraph (A) without regard to this 
subparagraph) for any fiscal year are insufficient to satisfy 
the need for services under chapter 2 or 3, then the Assistant 
Secretary may grant a waiver that permits the State to transfer 
under subparagraph (A) to satisfy such need an additional 25 
percent of the funds so received for such fiscal year.
  (C) At a minimum, the application described in subparagraph 
(B) shall include a description of the amount to be 
transferred, the purposes of the transfer, the need for the 
transfer, and the impact of the transfer on the provision of 
services from which the funding will be transferred. The 
Assistant Secretary shall approve or deny the application in 
writing.
  (2) After consultation with service providers, a State agency 
may delegate to an area agency on aging or any other entity the 
authority to make a transfer under paragraph (1).
  (3) The Assistant Secretary shall annually collect, and 
include in the report required by section 116, data regarding 
the transfers described in paragraph (1), including--
          (A) the amount of funds involved in the transfers, 
        analyzed by State,
          (B) in the case of transfers described in paragraph 
        (1), the effect of the transfers on the provision of 
        services provided under--
                  (i) chapter 2, and
                  (ii) chapter 3, including the effect on the 
                number of meals served.

SEC. 307. PAYMENTS.

  Payments of grants, or under contracts, made under chapters 2 
and 3 may be made (after necessary adjustments resulting from 
previously made overpayments or underpayments) in advance or by 
way of reimbursement, and in such installments, as the 
Assistant Secretary may determine.

     CHAPTER 2--SUPPORTIVE SERVICES AND MULTIPURPOSE SENIOR CENTERS

SEC. 321. PROGRAM AUTHORIZED.

  (a) Supportive Services.--The Assistant Secretary shall carry 
out a program for making grants to States under State plans 
approved under section 304 for any of the following supportive 
services that are necessary for the general welfare of older 
individuals:
          (1) Health (including mental health), education and 
        training, welfare, informational, recreational, 
        homemaker, counseling, or referral services.
          (2) Services designed to encourage and assist older 
        individuals to use the facilities and services 
        (including information and assistance services) 
        available to them, including language translation 
        services to assist older individuals with limited-
        English speaking ability to obtain services under this 
        chapter.
          (3) Services designed--
                  (A) to assist older individuals to obtain 
                adequate housing, including residential repair 
                and renovation projects designed to enable 
                older individuals to maintain their homes in 
                conformity with minimum housing standards,
                  (B) to adapt homes to meet the needs of older 
                individuals with disabilities,
                  (C) to prevent unlawful entry into residences 
                of older individuals, through the installation 
                of security devices and through structural 
                modifications or alterations of such 
                residences, or
                  (D) to receive applications from older 
                individuals for housing under section 202 of 
                the Housing Act of 1959 (12 U.S.C. 1701Q) or 
                under any federally assisted housing program 
                designed to assist older individuals.
          (4) Services designed to assist older individuals to 
        avoid institutionalization, and services designed to 
        assist individuals in long-term care institutions who 
        are able to return to their communities, including--
                  (A) client assessment services, and 
                development and coordination of community-based 
                services,
                  (B) in-home services for frail older 
                individuals, including services for older 
                individuals with Alzheimer's disease and 
                related disorders with neurological and organic 
                brain dysfunction (and for families of such 
                individuals),
                  (C) supportive activities to meet the special 
                needs of caregivers, including caregivers who 
                provide in-home services to frail older 
                individuals, and
                  (D) in-home and other community-based 
                services to assist older individuals to live 
                independently in a home environment, including 
                home health, homemaker, shopping, escort, 
                reader, and letter-writing services.
          (5) Services designed to provide to older individuals 
        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.
          (6) Services designed to enable older individuals to 
        attain and maintain physical and mental well-being 
        through programs of regular physical activity,
          (7) Activities designed to promote disease prevention 
        and health promotion.
          (8) 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.
          (9) 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.
          (10) 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.
          (11) Services to encourage the employment of older 
        individuals, including job and second career counseling 
        and, where appropriate, job development, referral, and 
        placement.
          (12) Services for the prevention of abuse, neglect, 
        or exploitation of older individuals.
          (13) Crime prevention services and victim assistance 
        programs for older individuals.
          (14) Health and nutrition education services, 
        including information concerning prevention, diagnosis, 
        treatment, and rehabilitation of age-related diseases 
        and chronic disabling conditions.
          (15) 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.
          (16) 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.
          (17) 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.
          (18) Services to assist in the operation of 
        multipurpose senior centers.
          (19) Services that provide reasonable opportunities 
        for older individuals to participate on a voluntary 
        basis in multigenerational activities.
          (20) Transportation services to facilitate access to 
        the services authorized by this subsection to be 
        provided.
          (21) Any other services.

                     CHAPTER 3--NUTRITION SERVICES

SEC. 331. PROGRAM AUTHORIZED.

  (a) Nutrition Services.--The Assistant Secretary shall carry 
out a program for making grants to States under State plans 
approved under section 304 for the establishment and operation 
of nutrition projects that 5 or more days a week (except in a 
rural area where such frequency is not feasible) and a lesser 
frequency when it is approved by the State agency, provide--
          (1) meals to eligible individuals in congregate meals 
        settings,
          (2) meals to eligible individuals in their homes, and
          (3) meals to eligible individuals in adult day care 
        settings.
  (b) Requirements.--(1) Meals served to eligible individuals 
under subsection (a)(3) may be hot, cold, frozen, dried, 
canned, or supplemental foods (with a satisfactory storage 
life).
  (2) Meal providers shall provide eligible older individuals 
with at least 1 meal per day and any additional meals per day 
that the recipient of a grant or contract under this chapter 
may elect to provide.

SEC. 332. ADDITIONAL REQUIREMENTS.

  A State that establishes and operates a nutrition project 
under this chapter shall--
          (1) solicit the advice of a dietitian or individual 
        with comparable expertise in the planning of 
        nutritional services, and
          (2) ensure that the project--
                  (A) provides meals that--
                          (i) comply with the Dietary 
                        Guidelines for Americans, published by 
                        the Secretary and the Secretary of 
                        Agriculture,
                          (ii) provide to each participating 
                        older individual--
                                  (I) a minimum of 33\1/3\ 
                                percent of the daily 
                                recommended dietary allowances 
                                as established by the Food and 
                                Nutrition Board of the 
                                Institute of Medicine of the 
                                National Academy of Sciences, 
                                if the project provides 1 meal 
                                per day,
                                  (II) a minimum of 66\2/3\ 
                                percent of the allowances if 
                                the project provides 2 meals 
                                per day, and
                                  (III) 100 percent of the 
                                allowances if the project 
                                provides 3 meals per day, and
                          (iii) to the maximum extent 
                        practicable, are adjusted to meet any 
                        special dietary needs of program 
                        participants,
                  (B) provides flexibility to local nutrition 
                providers in designing meals that are appealing 
                to program participants,
                  (C) encourages providers to enter into 
                contracts that limit the amount of time meals 
                must spend in transit before they are consumed,
                  (D) where feasible, encourages arrangements 
                with schools and other facilities serving meals 
                to children in order to promote 
                intergenerational meal programs,
                  (E) provides that meals, other than in-home 
                meals, are provided in settings in as close 
                proximity to the majority of eligible older 
                individuals' residences as feasible,
                  (F) ensures that meal providers carry out 
                such project with the advice of dietitians (or 
                individuals with comparable expertise), meal 
                participants, and other individuals' 
                knowledgeable with regard to the needs of older 
                individuals,
                  (G) ensures that each participating area 
                agency on aging establishes procedures that 
                allow nutrition project administrators the 
                option to offer a meal, on the same basis as 
                meals provided to participating older 
                individuals, to individuals providing volunteer 
                services during the meal hours, and to 
                individuals with disabilities who reside at 
                home with and accompany older individuals 
                eligible under this chapter,
                  (H) ensures that nutrition services will be 
                available to older individuals and to their 
                spouses, and may be made available to 
                individuals with disabilities who are not older 
                individuals but who reside in housing 
                facilities occupied primarily by older 
                individuals at which congregate nutrition 
                services are provided, and
                  (I) provide for nutrition screening and, 
                where appropriate, for nutrition education and 
                counseling.

      CHAPTER 4--COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS

SEC. 351. SHORT TITLE.

  This chapter may be cited as the ``Older American Community 
Service Employment Act of 1996''.

SEC. 352. OLDER AMERICAN COMMUNITY SERVICE EMPLOYMENT PROGRAM.

  (a) Authority for Program.--(1) With funds allotted under 
section 302(b), the Assistant Secretary shall make grants to 
eligible States and tribal 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) Not less than 85 percent of each grant made under 
paragraph (1) shall be used to pay wages and benefits for older 
individuals who are employed under agreements made under 
subsection (b).
  (B) The amount of such grant remaining (if any) after the 
application of section 302(c) and subparagraph (A) may be used 
to pay other employment-related costs relating to such 
individuals, including costs incurred--
          (i) to perform the assessment described in subsection 
        (c)(2)(K),
          (ii) to provide the training described in subsection 
        (c)(2)(H),
          (iii) to provide counseling to such individuals,
          (iv) to provide supportive services to such 
        individuals,
          (v) to pay transportation costs,
          (vi) to evaluate such individuals for continued 
        participation in such employment,
          (vii) to pay incidental costs of attire and tools for 
        such individuals, necessarily incurred to enable such 
        individuals to participate in a project carried out 
        under an agreement made under subsection (b), and
          (viii) to provide physical examinations to such 
        individuals.
  (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 tribal organization 
shall submit to the Assistant Secretary an application in such 
form and containing such information as the Assistant Secretary 
may require by rule, including an assurance that such grant 
will be used by the State or tribal 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 and performance 
goals the State or tribal organization shall establish:
          (1) Agreements may be made by the State or tribal 
        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, 
                that received funds in fiscal year 1995 under 
                section 502 of the Older Americans Act of 1965,
        to pay the cost of providing part-time employment to 
        older individuals described in subsection (a).
          (2) At the election of the State or tribal 
        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 on a 
        competitive basis and 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 chapter.
                  (B) The ability to meet applicable 
                specifications and performance goals referred 
                to in subsection (b).
                  (C) The ability to provide 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 tribal organization 
        toward the cost of the project unless the State or 
        tribal 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 Assistant 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 
                chapter, 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 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.
                  (J) 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.
                  (K) 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.
                  (L) 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.
                  (M) In providing employment opportunities 
                under the project, such entity will give 
                priority to low-income individuals who are 60 
                years of age or older.
  (d) Special Consideration.--(1) For purposes of making 
agreements under subsection (b)(1), the State or tribal 
organization shall give special consideration to entities that 
received funds under 502(b) of the Older Americans Act of 1965 
for fiscal year 1995 and that demonstrate effectiveness in 
carrying out projects in fiscal year 1995 under title V of such 
Act to provide employment opportunities for older individuals.
  (2) For purposes of paragraph (1), such effectiveness shall 
be deemed to be demonstrated if such entity demonstrates that 
it has--
          (A) in existence coordination agreements or other 
        effective linkages between such entity and Federal, 
        State, and local employment and training programs,
          (B) in existence effective linkages between such 
        entity and private entities that promote employment and 
        training opportunities for older individuals,
          (C) a record of successfully placing such individuals 
        in employment positions for which no financial 
        assistance is provided under this chapter, and
          (D) a record of successfully meeting the need for 
        community service employment in the community served by 
        such entity in such community.
  (e) Prerequisite Determination.--(1) To effectively carry out 
subsection (b) and after consultation with the appropriate area 
agencies on aging and with other organizations that received 
funds under this chapter in the preceding fiscal year, a State 
or tribal organization that receives a grant under subsection 
(a) for a fiscal year shall make a determination--
          (A) identifying the localities in the State, or on an 
        Indian reservation in the case of a tribal 
        organization, in which projects described in subsection 
        (b) are most needed,
          (B) 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
          (C) identify potential projects and the number and 
        percentage of such individuals in the local population.
  (2) The State or tribal organization shall coordinate the 
projects assisted under this chapter with--
          (A) other programs, projects, and activities carried 
        out under this Act,
          (B) federally supported job training programs, and
          (C) other Federal and State employment programs,
to increase employment opportunities available to older 
individuals.
  (3) To the maximum extent practicable, the State shall ensure 
that entities that carry out projects under agreements made 
under subsection (b) provide employment under this chapter to 
older individuals who immediately before the effective date of 
this chapter were employees under an agreement made under 
section 502(b) of the Older Americans Act of 1965.
  (f) Equitable Use of Funds.--To the maximum extent 
practicable, the State shall use funds available tocarry out 
this chapter to make agreements under subsection (b) in an equitable 
manner, taking into consideration the number of eligible older 
individuals in the various geographical areas and the relative 
distribution of such individuals among urban and rural areas.
  (g) 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.
  (h) Alternative Work Modes; Technical Assistance.--States and 
tribal organizations 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.
  (i) Report.--If for a fiscal year a State or tribal 
organization elects under subsection (b) to make agreements 
described in paragraph (2) of such subsection, the State or 
tribal organization shall submit to the Assistant Secretary a 
report describing the projects carried out under such 
agreements.
  (j) Rules.--The Secretary shall issue, and amend from time to 
time, rules that require States and tribal organizations that 
receive grants under subsection (a) to establish, to the 
maximum extent practicable, for projects carried out under this 
chapter the goal of annually placing not less than 20 percent 
of project participants in employment positions for which no 
financial assistance is provided under this chapter.

SEC. 353. PARTICIPANTS NOT FEDERAL EMPLOYEES.

  (a) Project Participants.--Older individuals described in 
section 352(a) who participate in a project assisted under this 
chapter 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 
chapter with a contractor who is, or whose employees are, under 
State law, exempted from operation of the State workmen's 
compensation law, generally applicable to employees, unless the 
contractor shall undertake to provide either through insurance 
by a recognized carrier, or by self-insurance, as authorized by 
State law, that the individuals employed under the contract 
shall enjoy workmen's compensation coverage equal to that 
provided by law for covered employment.

SEC. 354. 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 chapter 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.

              Subtitle B--Authorization of Appropriations

SEC. 381. AUTHORIZATION OF APPROPRIATIONS.

  (a) Supportive Services and Multipurpose Senior Centers.--
There are authorized to be appropriated to carry out chapter 2 
of subtitle A $300,638,000 for fiscal year 1997 and such sums 
as may be necessary for fiscal years 1998, 1999, 2000, and 
2001.
  (b) Nutrition Services.--There are authorized to be 
appropriated to carry out chapter 3 of subtitle A $461,111,000 
for fiscal year 1997 and such sums as may be necessary for 
fiscal years 1998, 1999, 2000, and 2001.
  (c) Community Service Employment.--There are authorized to be 
appropriated to carry out chapter 4 of subtitle A $350,000,000 
for fiscal year 1997 and such sums as may be necessary for 
fiscal years 1998, 1999, 2000, and 2001.

SEC. 382. ADDITIONAL FUNDS AVAILABLE FOR NUTRITION SERVICES.

  (a) Funds Available.--In addition to the amount appropriated 
under section 381(b), and to provide nutrition services under 
subtitle A and title II for each of the fiscal years 1997, 
1998, 1999, 2000, and 2001, the amount appropriated under 
subsection (e) for such fiscal year shall be made available to 
the Assistant Secretary by the Secretary of Agriculture.
  (b) Division of Funds.--The Assistant Secretary shall divide 
the funds made available under subsection (a) so that--
          (1) 98.9 percent of such funds is allotted in 
        accordance with subsection (c) to provide nutrition 
        services under subtitle A, and
          (2) the balance is available to make grants under 
        title II to provide nutrition services.
  (c) Allotment Based on Meals Served.--
          (1) In general.--In providing funds for nutrition 
        services under subsection (b)(1) for a fiscal year, the 
        Assistant Secretary shall allot such funds among States 
        based on number of meals served, as specified in 
        paragraph (2).
          (2) Calculation.--The Assistant Secretary shall allot 
        to each State for a fiscal year the amount that bears 
        the same ratio to such 98.9 percent as the number of 
        meals served in the State under this section or under 
        section 311 of the Older Americans Act of 1965 (as in 
        effect immediately before the effective date of this 
        section), as appropriate, for the preceding fiscal year 
        bears to the number of meals served in all States under 
        this section or such section 311, as appropriate, for 
        such preceding fiscal year.
  (d) Election To Receive Commodities in Lieu of Cash.--
          (1) Election.--A State to which funds are allotted 
        under subsection (b)(1), or a recipient of a grant 
        referred to in subsection (b)(2), may elect to receive 
        commodities in lieu of all or part of such funds or of 
        such grant.
          (2) Purchase of commodities from the secretary of 
        agriculture.--If a State or grant recipient makes a 
        timely election under paragraph (1), the Assistant 
        Secretary shall use the amount of such funds designated 
        by the State, or of such grant designated by the grant 
        recipient, to purchase commodities from the Secretary 
        of Agriculture and to make such commodities available 
        to the State or grant recipient.
  (e) Authorization of Appropriations.--There are authorized to 
be appropriated to carry out this section $154,950,000 for 
fiscal year 1997 and such sums as may be necessary for fiscal 
years 1998, 1999, 2000, and 2001.

           TITLE IV--NATIONAL SENIOR VOLUNTEER SERVICE CORPS

SEC. 401. STATEMENT OF PURPOSES.

  It is the purpose of--
          (1) this title to provide for the National Senior 
        Volunteer Service Corps, comprised of the Retired and 
        Senior Volunteer Program, the Foster Grandparent 
        Program, and the Senior Companion Program, that 
        empowers older individuals to contribute to their 
        communities through volunteer service, enhances the 
        lives of the volunteers and those whom they serve, and 
        provides communities with valuable services,
          (2) subtitle A, the Retired and Senior Volunteer 
        Program, to utilize the vast talents of older 
        individuals willing to share their experiences, 
        abilities, and skills in responding to a wide variety 
        of community needs,
          (3) subtitle B, the Foster Grandparent Program, to 
        afford low-income older individuals an opportunity to 
        provide supportive, individualized services to children 
        with exceptional or special needs, and
          (4) subtitle C, the Senior Companion Program, to 
        afford low-income older individuals the opportunity to 
        provide personal assistance and companionship to other 
        older individuals through volunteer service.

            Subtitle A--Retired and Senior Volunteer Program

SEC. 411. GRANTS AND CONTRACTS FOR VOLUNTEER SERVICE PROJECTS.

  (a) Authority To Make Grants and Contracts.--To carry out a 
Retired and Senior Volunteer Program under this subtitle to 
help retired individuals and working older individuals to avail 
themselves of opportunities for volunteer service in their 
community, the Assistant Secretary may make grants to State 
agencies, or grants to or contracts with other public and 
nonprofit private agencies and organizations, to pay part or 
all of the costs for the development, operation, or both, of 
volunteer service projects under this subtitle, if the 
Assistant Secretary determines, in accordance with rules the 
Assistant Secretary shall prescribe, the following:
          (1) Limitation on reimbursement.--Volunteers will not 
        be reimbursed for other than transportation, meals, and 
        other out-of-pocket expenses incident to providing 
        services under this subtitle.
          (2) Eligible individuals.--Only older individuals 
        will be enrolled, and individuals 60 years of age or 
        older will be given priority for enrollment, as 
        volunteers to provide services under this subtitle 
        (except for administrative purposes) in the communities 
        where such individuals reside or in nearby communities 
        in either--
                  (A) publicly owned and operated facilities or 
                projects, or
                  (B) local projects sponsored by nonprofit 
                private agencies and organizations (other than 
                political parties), other than projects 
                involving the construction, operation, or 
                maintenance of so much of any facility as is 
                used, or is to be used for sectarian 
                instruction or as a place for religious 
                worship,
          (3) Training.--Such projects include such short-term 
        training as may be necessary to make the most effective 
        use of the skills and talents of participating 
        volunteers and individuals, and provide for the payment 
        of the reasonable expenses of such volunteers while 
        undergoing such training, and
          (4) Advice required.--Such projects are being 
        established and will be carried out with the advice of 
        persons competent in the fields of service involved, 
        and persons with interest in and knowledge of the needs 
        of older individuals.
  (b) Local Contribution.--The required local contribution 
(including any in-kind contribution) to the cost of a project 
for which a grant or contract is made under this section shall 
be--
          (1) 10 percent in the 1st year for which such grant 
        or contract is made for such project,
          (2) 20 percent in the 2nd year for which such grant 
        or contract is made for such project, and
          (3) 30 percent in any subsequent year for which such 
        grant or contract is made for such project,
except that the Assistant Secretary may waive all or part of 
such local contribution in cases of demonstrated need, 
determined (in accordance with rules which the Assistant 
Secretary shall issue) on the basis of the financial capability 
of a particular recipient of such grant or contract, to permit 
a lesser local contribution than any requiredpercentage 
contribution established by the Assistant Secretary in generally 
applicable rules.
  (c) State Review of Application.--The Assistant Secretary 
shall not make a grant to or contract with any agency or 
organization under this subtitle for a project in any State 
unless, if such State has a State agency designated under 
section 303(a)(1), such State agency is the recipient of the 
grant or contract, or such State agency has been afforded at 
least 45 days in which to review the project application and 
make recommendations thereon.
  (d) Service Not Deemed Employment.--Notwithstanding any other 
provision of law, volunteer service under this subtitle shall 
not be deemed to be employment for any purpose which the 
Assistant Secretary finds is not fully consistent with the 
provisions, and in furtherance, of the purpose of this 
subtitle.

                 Subtitle B--Foster Grandparent Program

SEC. 421. GRANTS AND CONTRACTS FOR VOLUNTEER SERVICE PROJECTS.

  (a) Authority To Make Grants and Contracts.--(1)(A) To carry 
out a Foster Grandparent Program under this subtitle, the 
Assistant Secretary may make grants to or contracts with public 
and nonprofit private agencies and organizations to pay part or 
all of the cost of development and operation of projects 
(including direct payments to individuals serving under this 
subtitle) designed to provide opportunities for low-income 
older individuals to serve as foster grandparents under this 
subtitle to provide supportive person-to-person services in 
health, education, welfare, and related settings to children 
having exceptional needs. Such services may include services by 
older individuals serving as foster grandparents under this 
subtitle to children who are individuals with disabilities, who 
have chronic health conditions, who are receiving care in 
hospitals, who are residing in homes for dependent and 
neglected children, or who are receiving services provided by 
day-care centers, schools, early intervention programs under 
part H of the Individuals with Disabilities Education Act (20 
U.S.C. 1471 et seq.), Head Start agencies under the Head Start 
Act (20 U.S.C. 9831 et seq.), or any of a variety of other 
programs, establishments, and institutions providing services 
for children with special or exceptional needs. Older 
individuals serving as foster grandparents under this subtitle 
may provide person-to-person services to one or more children, 
depending on the needs of the project and local site.
  (B) Only older individuals will be enrolled, and individuals 
60 years of age or older will be given priority for enrollment 
as volunteers to provide services under this subtitle.
  (2)(A) The Assistant Secretary may provide assistance in 
excess of 90 percent of the cost of the development and 
operation of such projects only if the Assistant Secretary 
determines, in accordance with rules the Assistant Secretary 
shall issue establishing objective criteria, that such action 
is required in furtherance of the purpose of this subtitle.
  (B) In the case of any project with respect to which, before 
September 19, 1972, a grant or contract has been made under 
section 611(a) of the Older Americans Act of 1965, as in effect 
before that date or with respect to any project under the 
Foster Grandparent program in effect before September 17, 1969, 
contributions in cash or in kind from the Bureau of Indian 
Affairs of the Department of the Interior toward the cost of 
the project may be counted as part of the cost thereof which is 
met from non-Federal sources.
  (b) Selection of Recipient Children.--(1) Any public or 
nonprofit private agency or organization responsible for 
providing person-to-person services to a child in a project 
carried out under subsection (a) shall have the exclusive 
authority to determine, pursuant to paragraph (2)--
          (A) which children may receive supportive person-to-
        person services under such project, and
          (B) the period of time during which such services 
        shall be continued in the case of each individual 
        child.
  (2) If such agency or organization determines that it is in 
the best interests of a mentally retarded child receiving, and 
of a particular foster grandparent providing, services in such 
a project, such relationship may be continued after the child 
reaches the chronological age of 21 if such child was receiving 
such services before attaining the chronological age of 21. If 
the particular foster grandparent subject to the determination 
under this paragraph becomes unavailable to serve after such 
determination is made, such agency or organization may select 
another foster grandparent.
  (3) Any determination made by a public or nonprofit private 
agency or organization under paragraphs (1) and (2) shall be 
made through mutual agreement by all parties involved with 
respect to the provision of services to the child involved.
  (c) Allowances, Stipends, and Other Support.--(1) The 
Assistant Secretary, in accordance with rules the Assistant 
Secretary shall issue, may provide to low-income older 
individuals serving as foster grandparents under this subtitle, 
such allowances, stipends, and other support as the Assistant 
Secretary determines are necessary to carry out the purpose of 
this subtitle.
  (2) Any stipend or allowance provided under this section 
shall be not less than $2.45 per hour and shall be adjusted 
once before December 31, 1997, to account for inflation, as 
determined by the Assistant Secretary and rounded to the 
nearest 5 cents, except that--
          (A) such stipend or allowance shall not be increased 
        as a result of an amendment made to this paragraph 
        unless the funds appropriated for carrying out this 
        subtitle are sufficient to maintain for the fiscal year 
        in question a number of participants to serve under 
        this subtitle at least equal to the number of such 
        participants serving during the preceding fiscal year, 
        and
          (B) if sufficient appropriations for any fiscal year 
        are not available to increase any such stipend or 
        allowance provided to the minimum hourly rate specified 
        in this paragraph, the Assistant Secretary shall 
        increase the stipend or allowance to such amount as 
        appropriations for such year permit consistent with 
        subparagraph (A).
  (3) In establishing the amount of, and the effective date 
for, an adjustment under paragraph (2), the Assistant 
Secretary, in consultation with appropriate Federal agencies, 
shall consider the effect such adjustment will have on the 
ability of nonfederally funded volunteer programs similar to 
the programs under this title to maintain their current level 
of volunteer hours.
  (d) Special Consideration.--Older individuals whose income is 
described in section 102(4)(B)(ii) shall be given special 
consideration for participation in projects under this 
subtitle.
  (e) Volunteers Who Are Not Low-Income Older Individuals.--
(1)(A) Except as provided in subparagraphs (B) and (C), 
individuals who are not low-income older individuals may serve 
as volunteers under this subtitle, in accordance with such 
rules as the Assistant Secretary shall issue, if such 
individuals serve without receiving any allowance, stipend, or 
other financial support under this subtitle except 
reimbursement for transportation, meals, and out-of-pocket 
expenses incident to serving under this subtitle.
  (B) The rules issued by the Assistant Secretary to carry out 
this subtitle (other than any rules relating to allowances, 
stipends, and other financial support authorized by subsection 
(c) to be paid under this subtitle to low-income older 
individuals) shall apply to all individuals who provide 
services under this subtitle, without regard to whether such 
individuals are eligible to receive a stipend under such 
subsection.
  (C) Individuals who are not low-income older individuals may 
not serve as volunteers under this subtitle in any community in 
which there are volunteers serving under subtitle A unless--
          (i) such individuals were referred previously for 
        possible placement as volunteers under subtitle A, and
          (ii) such placement did not occur.
  (2)(A) Except as provided in subparagraph (B), each recipient 
of a grant or contract to carry out a project under this 
subtitle shall give equal treatment to all individuals who 
provide services under such project, without regard to whether 
such individuals are eligible to receive a stipend under 
subsection (c).
  (B) An individual who is not a low-income older individual 
may not provide services under this subtitle if allowing such 
individual to provide services under this subtitle would 
prevent a low-income older individual from beginning to 
participate in providing services under this subtitle or would 
displace a low-income older individual from providing services 
under this subtitle.
  (3) The Assistant Secretary may not require as a condition of 
receiving a grant or contract to carry out aproject under this 
subtitle, any applicant for such grant or contract--
          (A) to accept or to recruit individuals who are not 
        low-income older individuals to provide services under 
        this subtitle, or
          (B) to solicit locally generated contributions, in 
        cash or in kind, to support such individuals.
The Assistant Secretary may not coerce any applicant for or 
recipient of such grant or contract to engage in conduct 
described in subparagraph (A) or (B), and may not take into 
consideration whether such applicant or such recipient engages 
in such conduct.
  (4) Funds appropriated to carry out this subtitle may not be 
used to pay any cost, including any administrative cost, 
incurred in connection with volunteers under this subtitle who 
do not receive a stipend under subsection (d). Such cost 
incurred with respect to a volunteer may be paid with--
          (A) funds received by the Assistant Secretary as 
        unrestricted gifts,
          (B) funds received by the Assistant Secretary as 
        gifts to pay such cost,
          (C) funds contributed by such volunteer, or
          (D) in the discretion of the recipient of a grant or 
        contract under such subsection, locally generated 
        contributions in excess of the amount required by 
        subsection (a) to be contributed to pay the non-Federal 
        cost of the project in which such volunteer 
        participates.

             Subtitle C--Senior Companion Volunteer Program

SEC. 431. GRANTS AND CONTRACTS FOR VOLUNTEER SERVICE PROJECTS.

  (a) Authority To Make Grants and Contracts.--(1) To carry out 
a Senior Companion Volunteer Program under this subtitle, the 
Assistant Secretary may make grants to or contracts with public 
and nonprofit private agencies and organizations to pay part or 
all of the cost of development and operation of projects 
(including direct payments to individuals serving under this 
subtitle in the same manner as provided in section 421(a)) 
designed to provide opportunities for low-income older 
individuals to provide services under this subtitle as senior 
companion volunteers to individuals with exceptional needs.
  (2) Only older individuals will be enrolled, and individuals 
60 years of age or older will be given priority for enrollment, 
as volunteers to provide services under this subtitle.
  (3) Senior companion volunteers may provide services designed 
to help individuals 60 years of age or older who require--
          (A) long-term care, including services to such 
        individuals who receive home health care, nursing care, 
        and home-delivered nutrition services or other 
        nutritional services,
          (B) services designed to help individuals 
        deinstitutionalized from mental hospitals, nursing 
        homes, and other institutions, and
          (C) services designed to assist individuals who have 
        developmental disabilities and other special needs for 
        companionship.
  (b) Other Provisions Applicable.--Subsections (a)(2)(A), (c), 
(d), and (e) of section 421, and such other provisions of 
subtitle B as the Assistant Secretary may determine to be 
necessary, shall apply to this subtitle, except that for 
purposes of this subtitle any reference to subtitle B in such 
subsections and such provisions shall be deemed to be a 
reference to this subtitle.
  (c) Home-Bound Individuals.--The Assistant Secretary may make 
grants or contracts under subsection (a) for senior companion 
volunteer projects to assist homebound individuals 60 years of 
age or older to remain in their own homes and to enable 
institutionalized individuals 60 years of age or older to 
return to home-care settings.

                     Subtitle D--General Provisions

SEC. 441. PROMOTION OF NATIONAL SENIOR VOLUNTEER SERVICE CORPS.

  (a) Consultation.--(1) In carrying out this title, the 
Assistant Secretary shall consult with Federal agencies 
administering related programs with a view to achieving optimal 
coordination with such other programs, and shall promote the 
coordination of projects under this title with other public or 
private programs or projects carried out at State and local 
levels. Such Federal agencies shall cooperate with the 
Assistant Secretary in disseminating information about the 
availability of assistance under this title and in promoting 
the identification and interest of low-income older individuals 
and other older individuals whose services may be utilized in 
projects under this title.
  (2) To the maximum extent practicable, the Assistant 
Secretary shall enter into agreements--
          (A)(i) to involve retired and senior volunteers and 
        foster grandparents in Head Start programs,
          (ii) to involve retired and senior volunteers and 
        senior companion volunteers in providing services 
        authorized by titles II and III, and
          (iii) to promote the recognition of such volunteers 
        who are qualified to provide in-home services for 
        reimbursement under title XVIII of the Social Security 
        Act for providing such services,
          (B) with the Department of Education to promote 
        intergenerational tutoring and mentoring for at-risk 
        children, and
          (C) with the Environmental Protection Agency to 
        support conservation efforts.
  (b) Efforts To Expand Participation.--(1) In carrying out 
this title, the Assistant Secretary shall encourage and 
facilitate the efforts of private organizations to promote the 
programs established in subtitles A, B, and C and the 
involvement of older individuals as volunteers in such 
programs.
  (2) The Assistant Secretary shall take appropriate actions to 
ensure that special efforts are made to publicize the programs 
established in subtitles A, B, and C, in order to facilitate 
recruitment efforts, to encourage greater participation of 
volunteers, and to emphasize the value of volunteering to the 
health and well-being of volunteers and the communities of such 
volunteers. Such actions shall include informing recipients of 
grants and contracts under this title of all informational 
materials available from the Assistant Secretary.
  (3) From funds appropriated under section 491, the Assistant 
Secretary shall expend not less than $375,000 in each fiscal 
year to carry out paragraph (2).

SEC. 442. PAYMENTS.

  Payments under this title pursuant to a grant or contract may 
be made (after necessary adjustment, in the case of grants, 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. 443. USE OF LOCALLY GENERATED CONTRIBUTIONS IN NATIONAL SENIOR 
                    VOLUNTEER SERVICE CORPS.

  Whenever locally generated contributions made to volunteer 
projects for older individuals under this title are in excess 
of the amount required by the Assistant Secretary, the 
Assistant Secretary may not restrict the manner in which 
contributions are expended if expenditures from locally 
generated contributions are not inconsistent with the 
provisions of this title.

SEC. 444. ADJUSTMENTS TO FEDERAL FINANCIAL ASSISTANCE; REPORTS.

  (a) Adjustments.--(1)(A) In determining the amount of Federal 
financial assistance to be provided under this title to 
applicants, the Assistant Secretary shall consider the impact 
of changes in the Consumer Price Index For All Urban Consumers 
published by the Bureau of Labor Statistics of the Department 
of Labor on the administrative costs of operating the projects 
for which such assistance will be provided.
  (B) The Assistant Secretary shall, to the maximum extent 
practicable, make appropriate adjustments in the amount 
referred to in subparagraph (A) to ensure the effective 
administration of such projects.
  (2) The Assistant Secretary shall take reasonable actions to 
inform applicants for such assistance that such adjustments may 
be available.
  (b) Reports.--The Assistant Secretary shall submit, at 2-year 
intervals, to the Committee on Economic and Educational 
Opportunities of the House of Representatives and the Committee 
on Labor and Human Resources of the Senate, a report on the 
extent to which adjustments are made under subsection (a).

SEC. 445. MULTIYEAR GRANTS OR CONTRACTS.

  (a) Compliance; Funding.--(1) Subject to paragraph (2) and 
the availability of funds, the Assistant Secretary may make a 
grant or enter into a contract under subtitle A, B, or C for a 
period not to exceed 3 years. Each applicant who receives a 
grant, or enters into a contract, under such subtitle for a 
period exceeding 1 year shall comply with such rules as the 
Assistant Secretary may issue to require such applicant--
          (A) to demonstrate that such applicant is in 
        compliance with such subtitle and with the terms and 
        conditions of such grant or contract, and
          (B) to provide information to update the application 
        submitted to obtain such grant or contract.
  (2) If the amount appropriated for any fiscal year to carry 
out subtitle A, B, or C in a period during which multiyear 
grants or contracts are in effect under such subtitle is less 
than the amount appropriated to carry out such subtitle in the 
first fiscal year in such period, then the amounts payable 
under all such grants and contracts in effect in such period 
under such part shall be reduced pro rata.
  (b) Savings.--The Assistant Secretary shall require each 
applicant for a multiyear grant or contract under this section, 
to document or describe in the application any meaningful 
administrative savings that will result from such multiyear 
grant or contract.
  (c) Alternative Consideration.--If an applicant does not 
receive a multiyear grant or contract under this section, the 
Assistant Secretary shall consider such applicant for a single-
year grant or contract.
  (d) Similar Treatment.--If the Assistant Secretary approves 
an application for a contract or grant to carry out a project 
for a multiyear period as referred to in subsection (a), the 
Assistant Secretary shall ensure that such project shall be 
treated in the same manner as a single-year contract or grant 
with respect to--
          (1) the overall level of funding for such project,
          (2) any adjustments to Federal financial assistance 
        that may be available under section 444, and
          (3) the renewal of funding on the expiration of the 
        term of such contract or grant.

              Subtitle E--Administration and Coordination

SEC. 461. ADMINISTRATIVE STRUCTURE.

  To administer this title, the Assistant Secretary shall 
establish in the Administration an organizational structure 
that, to the maximum extent practicable, retains the 
organizational structure that existed to carry out title II of 
the Domestic Volunteer Service Act of 1973 as in effect 
immediately before the effective date of this Act. Such 
structure shall include State offices, and multistate regional 
offices, that have responsibilities under this title that are 
similar to the responsibilities of such offices had under such 
Act.

SEC. 462. POLITICAL ACTIVITIES.

  (a) Prohibition.--No part of any funds appropriated to carry 
out this title shall be used--
          (1) to finance, directly or indirectly--
                  (A) any activity designed to influence the 
                outcome of any election to Federal office or 
                the outcome of any election to any State or 
                local public office, or
                  (B) any voter registration activity, or
          (2) to pay the salary of any officer or employee of 
        the Administration, who engages in any such activity in 
        an official capacity as such an officer or employee.
  (b) Limitation on Use of Personnel.--Programs assisted under 
this title shall not be carried on in a manner involving the 
use of funds, the provision of services, or the employment or 
assignment of personnel in a manner supporting or resulting in 
the identification of such programs with--
          (1) any partisan or nonpartisan political activity 
        associated with a candidate, or a contending faction or 
        group, in an election for public or party office,
          (2) any activity to provide voters or prospective 
        voters with transportation to the polls or similar 
        assistance in connection with any such election, or
          (3) any voter registration activity.
  (c) Prohibition of Certain Activities Relating to 
Legislation.--No funds appropriated to carry out this title 
shall be used by any program assisted under this title in any 
activity for the purpose of influencing the passage or defeat 
of legislation or proposals by initiative petition, except--
          (1) in any case in which a legislative body, a 
        committee of a legislative body, or a member of a 
        legislative body requests any volunteer in, or employee 
        of, such a program to draft, review, or testify 
        regarding measures or to make representations to such 
        legislative body, committee, or member, or
          (2) in connection with an authorization or 
        appropriations measure directly affecting the operation 
        of the program.
  (d) Enforcement.--The Assistant Secretary, after consultation 
with the Office of Personnel Management, shall issue rules to 
provide for the enforcement of this section, which shall 
include provisions for summary suspension of assistance for not 
more than 30 days until notice and an opportunity to be heard 
can be provided or other action necessary to permit enforcement 
on an emergency basis can be taken.

SEC. 463. SPECIAL LIMITATIONS.

  (a) Issuance of Rules.--The Assistant Secretary shall issue 
rules and shall carry out this title so as to ensure that the 
service of volunteers assigned, referred, or serving pursuant 
to grants, contracts, or agreements made under this title is 
limited to activities that would not otherwise be performed by 
employed workers and that will not supplant the hiring of or 
result in the displacement of employed workers, or impair 
existing contracts for service.
  (b) Cost Requirement.--All support, including transportation 
provided to volunteers under this title, shall be furnished at 
the lowest possible cost consistent with the effective 
operation of volunteer programs assisted under this title.
  (c) Prohibition Relating to Compensation.--No agency or 
organization to which volunteers are assigned under this title, 
or which operates or supervises any volunteer program under 
this title, shall request or receive any compensation from such 
volunteers or from beneficiaries for services of such 
volunteers provided or supervised by such agency or 
organization.
  (d) Prohibition Relating to Labor Activity.--No funds 
authorized to be appropriated to carry out this title shall be 
directly or indirectly used to finance labor or anti-labor 
organization or related activity.
  (e) Information on Volunteer Qualifications.--Individuals 
serving as volunteers under this title shall provide such 
information concerning their qualifications, including their 
integrity and their ability to perform their assigned tasks, as 
the Assistant Secretary shall require and shall be subject to 
such procedures for selection and approval as the Assistant 
Secretary determines are necessary to carry out the purposes of 
this title. The Assistant Secretary may establish such special 
procedures for the recruitment, selection, training, and 
assignment of low-income residents of the area to be served by 
a program under this title who wish to become volunteers as the 
Assistant Secretary determines will carry out the purposes of 
this title.

SEC. 464. COORDINATION WITH OTHER PROGRAMS.

  The Assistant Secretary shall take necessary steps to 
coordinate volunteer programs authorized under this title with 
one another and shall consult with representatives of the head 
of such programs, with community action programs, and with 
other related Federal, State, and local programs. The Assistant 
Secretary shall also consult with the heads of other Federal, 
State, and local agencies responsible for programs related to 
the purposes of this title in order to encourage greater use of 
volunteer services in such programs and establish in connection 
with such programs systematic procedures for the recruitment, 
referral, or necessary preservice orientation or training of 
volunteers serving pursuant to this title. The Assistant 
Secretary (in consultation with the Director of the Office of 
Personnel Management, the Secretary of Labor, the Secretary of 
Commerce, the Secretary of the Treasury, and officials of other 
appropriate departments and agencies) shall take all 
appropriate steps to encourage State and local governments, 
charitable and service organizations, and private employers--
          (1) to take into account experience in volunteer work 
        in the consideration of applicants for employment, and
          (2) to make provision for the listing and description 
        of volunteer work on all employment application forms.

SEC. 465. NOTICE AND HEARING PROCEDURES FOR SUSPENSION AND TERMINATION 
                    OF FINANCIAL ASSISTANCE.

  (a) Authority.--The Assistant Secretary may, in accordance 
with this section, suspend or terminate payments under any 
grant or contract providing assistance under this title, 
whenever the Assistant Secretary determines there is a material 
failure to comply with the applicable terms and conditions of 
any such grant or contract. The Assistant Secretary shall 
establish procedures to ensure that--
          (1) assistance under this title shall not be 
        suspended for failure to comply with applicable terms 
        and conditions, except in emergency situations for 30 
        days,
          (2) an application for refunding under this title may 
        not be denied unless the recipient has been given--
                  (A) notice at least 75 days before the denial 
                of such application of the possibility of such 
                denial and the grounds for any such denial, and
                   (B) opportunity to show cause why such 
                action should not be taken,
          (3) in any case where an application for refunding is 
        denied for failure to comply with the terms and 
        conditions of the grant or contract, the recipient 
        shall be afforded an opportunity for an informal 
        hearing before an impartial hearing officer who has 
        been agreed to by the recipient and the Assistant 
        Secretary, and
          (4) assistance under this title shall not be 
        terminated for failure to comply with applicable terms 
        and conditions unless the recipient has been afforded 
        reasonable notice and opportunity for a full and fair 
        hearing.
  (b) Location of Hearing.--In order to assure equal access to 
all recipients, such hearings or other meetings as may be 
necessary to fulfill the requirements of this section shall be 
held at locations convenient to the recipient agency.

SEC. 466. DISTRIBUTION OF BENEFITS BETWEEN RURAL AND URBAN AREAS.

  The Assistant Secretary shall establish appropriate 
administrative measures to ensure that the benefits of and 
services under this title will be distributed equitably between 
residents of rural areas and residents of urban areas.

SEC. 467. VOLUNTEERS NOT FEDERAL EMPLOYEES.

  Volunteers under this title shall not be considered to be 
Federal employees and shall not be subject to the provisions of 
law relating to officers and employees of the Federal 
Government and to Federal employment.

SEC. 468. EVALUATION.

  (a) Evaluation.--The Assistant Secretary may measure and 
evaluate the impact of all programs, projects, and activities 
authorized by this title, their effectiveness in achieving 
stated goals in general, and in relation to their cost, their 
impact on related programs, projects, and activities, and their 
structure and mechanisms for delivery of services. Evaluations 
shall be conducted by persons not immediately involved in the 
administration of the program or project evaluated.
  (b) Specific Matters for Evaluation.--The Assistant Secretary 
may--
          (1) evaluate the impact that volunteers who 
        participate without receiving a stipend in programs, 
        projects, and activities under subtitles B and C, have 
        on such programs, projects, and activities, and shall 
        include in such evaluation--
                  (A) information on administrative costs 
                associated with such volunteers,
                  (B) a comparison of the quality of services 
                provided by such volunteers and the quality of 
                services provided by volunteers who receive a 
                stipend under such subtitles, including the 
                rate of absenteeism and turnover, and
                  (C) a review of the effect that participation 
                by volunteers who do not receive such stipend 
                have on the administration of such programs, 
                projects, and activities, and
          (2) submit to the Committee on Economic and 
        Educational Opportunities of the House of 
        Representatives and the Committee on Labor and Human 
        Resources of the Senate a report summarizing in detail 
        the results of the evaluations made under paragraph 
        (1).
  (c) Publication of Summaries.--The Assistant Secretary shall 
publish summaries of the results of evaluations of program, 
project, and activity impact and effectiveness.
  (d) Availability of Funds.--The Assistant Secretary may use 
such sums as are required, but not to exceed 1 percent of the 
funds appropriated to carry out this title, to conduct program, 
project, and activity evaluations (directly, or by grant or 
contract) as authorized by this title.

SEC. 469. ELIGIBILITY FOR OTHER BENEFITS.

  Notwithstanding any other provision of law, no reimbursement 
of out-of-pocket expenses made to individuals serving pursuant 
to subtitles A, B, and C shall be subject to any tax or charge 
or be treated as wages or compensation for the purposes of 
unemployment, temporary disability, retirement, public 
assistance, workers' compensation or similar benefit payments, 
or minimum wage laws.

SEC. 470. LEGAL EXPENSES.

  Notwithstanding any other provision of law and pursuant to 
rules which the Assistant Secretary shall issue, counsel may be 
employed and counsel fees, court costs, bail, and other 
expenses incidental to the defense of volunteers may be paid in 
judicial and administrative proceedings to which full-time 
volunteers (or part-time volunteers if such proceedings arise 
directly out of the performance of activities pursuant to this 
title), serving under this title have been made parties.

              Subtitle F--Authorization of Appropriations

SEC. 491. AUTHORIZATION OF APPROPRIATIONS FOR PROGRAMS.

  (a) Retired and Senior Volunteer Program.--There are 
authorized to be appropriated to carry out subtitle A, 
$40,300,000 for fiscal year 1997 and such sums as may be 
necessary for each of the fiscal years 1998, 1999, 2000, and 
2001.
  (b) Foster Grandparent Program.--There are authorized to be 
appropriated to carry out subtitle B, $64,300,000 for fiscal 
year 1997 and such sums as may be necessary for each of the 
fiscal years 1998, 1999, 2000, and 2001.
  (c) Senior Companion Program.--There are authorized to be 
appropriated to carry out subtitle C, $32,200,000 for fiscal 
year 1997, and such sums as may be necessary for each of the 
fiscal years 1998, 1999, 2000, and 2001.
                              ----------                              


                 DOMESTIC VOLUNTEER SERVICE ACT OF 1973

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``Domestic 
Volunteer Service Act of 1973''.
  (b) Table of Contents.--The table of contents is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Volunteerism policy.
     * * * * * * *

               [TITLE II--NATIONAL SENIOR VOLUNTEER CORPS

[Sec. 200. Statement of purposes.

              [Part A--Retired and Senior Volunteer Program

[Sec. 201. Grants and contracts for volunteer service projects.

                   [Part B--Foster Grandparent Program

[Sec. 211. Grants and contracts for volunteer service projects.

                    [Part C--Senior Companion Program

[Sec. 213. Grants and contracts for volunteer service projects.

                       [Part D--General Provisions

[Sec. 221. Promotion of National Senior Volunteer Corps.
[Sec. 222. Payments.
[Sec. 223. Minority group participation.
[Sec. 224. Use of locally generated contributions in National Senior 
          Volunteer Corps.
[Sec. 225. Programs of national significance.
[Sec. 226. Adjustments to Federal financial assistance.
[Sec. 227. Multiyear grants or contracts.

                     [Part E--Demonstration Programs

[Sec. 231. Authority of Director.]

                TITLE IV--ADMINISTRATION AND COORDINATION

Sec. 403. Political activities.
Sec. 404. Special limitations.
Sec. 406. Labor standards.
     * * * * * * *
[Sec. 418. Eligibility for other benefits.]
     * * * * * * *

                TITLE V--AUTHORIZATION OF APPROPRIATIONS

Sec. 501. National volunteer antipoverty programs.
[Sec. 502. National Senior Volunteer Corps.]
Sec. 504. Administration and coordination.
     * * * * * * *

               [TITLE II--NATIONAL SENIOR VOLUNTEER CORPS

                         [statement of purposes

  [Sec. 200. It is the purpose of--
          [(1) this title to provide for National Senior 
        Volunteer Corps, comprised of the Retired and Senior 
        Volunteer Program, the foster grandparent program, and 
        the senior companion program, that empower older 
        individuals to contribute to their communities through 
        volunteer service, enhance the lives of the volunteers 
        and those whom they serve, and provide communities with 
        valuable services;
          [(2) part A, the Retired and Senior Volunteer 
        Program, to utilize the vast talents of older 
        individuals willing to share their experiences, 
        abilities, and skills in responding to a wide variety 
        of community needs;
          [(3) part B, the foster grandparent program, to 
        afford low-income older individuals an opportunity to 
        provide supportive, individualized services to children 
        with exceptional or special needs; and
          [(4) part C, the senior companion program, to afford 
        low-income older individuals the opportunity to provide 
        personal assistance and companionship to other older 
        individuals through volunteer service.

             [Part A--Retired and Senior Volunteer Program

          [grants and contracts for volunteer service projects

  [Sec. 201. (a) In order to help retired individuals and 
working older individuals to avail themselves of opportunities 
for volunteer service in their community, the Director is 
authorized to make grants to State agencies (established or 
designated pursuant to section 305(a)(1) of the Older Americans 
Act of 1965, as amended (42 U.S.C. 3025(a)(1))) or grants to or 
contracts with other public and nonprofit private agencies and 
organizations to pay part or all of the costs for the 
development or operation, or both, of volunteer service 
projects under this section, if the Director determines, in 
accordance with regulations the Director shall prescribe, 
that--
          [(1) volunteers will not be reimbursed for other than 
        transportation, meals, and other out-of-pocket expenses 
        incident to the provision of services under this part;
          [(2) only individuals 55 years of age or older will 
        be enrolled, and individuals 60 years of age or older 
        will be given priority for enrollment, as volunteers to 
        provide services under this part (except for 
        administrative purposes), and such services will be 
        performed in the community where such individuals 
        reside or in nearby communities either (A) on publicly 
        owned and operated facilities or projects, or (B) on 
        local projects sponsored by private nonprofit 
        organizations (other than political parties), other 
        than projects involving the construction, operation, or 
        maintenance of so much of any facility used or to be 
        used for sectarian instruction or as a place for 
        religious worship;
          [(3) the project includes such short-term training as 
        may be necessary to make the most effective use of the 
        skills and talents of participating volunteers and 
        individuals, and provide for the payment of the 
        reasonable expenses of such volunteers while undergoing 
        such training; and
          [(4) the project is being established and will be 
        carried out with the advice of persons competent in the 
        field of service involved, and or persons with interest 
        in and knowledge of the needs of older persons.
  [(b) In no event shall the required proportion of the local 
contribution (including in-kind contributions) for a grant or 
contract made under this section be more than 10 per centum in 
the first year of assistance under this section, 20 per centum 
in the second such year, 30 per centum in any subsequent such 
years: Provided, however, That the Director may make exceptions 
in cases of demonstrated need, determined (in accordance with 
regulations which the Director shall prescribe) on the basis of 
the financial capability of a particular recipient of 
assistance under this section, to permit a lesser local 
contribution proportion than any required contribution 
proportion established by the Director in generally applicable 
regulations.
  [(c) The Director shall not award any grant or contract under 
this part for a project in any State to any agency or 
organization unless, if such State has a State agency 
established or designated pursuant to section 305(a)(1) of the 
Older Americans Act of 1965, as amended (42 U.S.C. 3025(a)(1)), 
such agency itself is the recipient of the award or such agency 
has been afforded at least forty-five days in which to review 
the project application and make recommendations thereon.
  [(d) Notwithstanding any other provision of law, volunteer 
service under this part shall not be deemed employment for any 
purpose which the Director finds is not fully consistent with 
the provisions and in furtherance of the purpose of this part.

                  [Part B--Foster Grandparent Program

          [grants and contracts for volunteer service projects

  [Sec. 211. (a) The Director is authorized to make grants to 
or contracts with public and nonprofit private agencies and 
organizations to pay part or all of the cost of development and 
operation of projects (including direct payments to individuals 
serving under this part) designed for the purpose of providing 
opportunities for low-income persons aged sixty or over to 
provide supportive person-to-person services in health, 
education, welfare, and related settings to children having 
exceptional needs. Such services may include services by 
individuals serving as foster grandparents to children who are 
individuals with disabilities, who have chronic health 
conditions, who are receiving care in hospitals, who are 
residing in homes for dependent and neglected children, or who 
are receiving services provided by day care centers, schools, 
early intervention programs under part H of the Individuals 
with Disabilities Education Act (20 U.S.C. 1471 et seq.), Head 
Start agencies under the Head Start Act, or any of a variety of 
other programs, establishments, and institutions providing 
services for children with special or exceptional needs. 
Individual foster grandparents may provide person-to-person 
services to one or more children, depending on the needs of the 
project and local site. The Director may approve assistance in 
excess of 90 per centum of the costs of the development and 
operation of such projects only if the Director determines, in 
accordance with regulations the Director shall prescribe 
establishing objective criteria, that such action is required 
in furtherance of the purpose of this section. Provision for 
such assistance shall be effective as of September 19, 1972. In 
the case of any project with respect to which, prior to such 
date, a grant or contract has been made under section 611(a) of 
the Older Americans Act of 1965, as amended (42 U.S.C. 3044(b) 
or with respect to any project under the Foster Grandparent 
program in effect prior to September 17, 1969, contributions in 
cash or in kind from the Bureau of Indian Affairs, Department 
of the Interior, toward the cost of the project may be counted 
as part of the cost thereof which is met from non-Federal 
sources.
  [(b)(1) Any public or private nonprofit agency or 
organization responsible for providing person-to-person 
services to a child in a project carried out under subsection 
(a) of this section shall have the exclusive authority to 
determine, pursuant to the provisions of paragraph (2) of this 
subsection--
          [(A) which children may receive supportive person-to-
        person services under such project; and
          [(B) the period of time during which such services 
        shall be continued in the case of each individual 
        child.
  [(2) In the event that such an agency or organization 
determines that it is in the best interests of a mentally 
retarded child receiving, and of a particular foster 
grandparent providing, services in such a project, such 
relationship may be continued after the child reaches the 
chronological age of 21: Provided, That such child was 
receiving such services prior to attaining the chronological 
age of 21. If the particular foster grandparent subject to the 
determination under this paragraph becomes unavailable to serve 
after such determination is made, the agency or organization 
may select another foster grandparent.
  [(3) Any determination made by a public or nonprofit private 
agency or organization under paragraphs (1) and (2) of this 
subsection shall be made through mutual agreement by all 
parties involved with respect to the provision of services to 
the child involved.
  [(c) For the purposes of this section, the terms ``child'' 
and ``children'' mean any individual or individuals who are 
less than 21 years of age.
  [(d) The Director, in accordance with regulations the 
Director shall prescribe, may provide to low-income persons 
serving as volunteers under this part, such allowances, 
stipends, and other support as the Director determines are 
necessary to carry out the purpose of this part. Any stipend or 
allowance provided under this section shall not be less than 
$2.45 per hour on and after October 1, 1993, and shall be 
adjusted once prior to December 31, 1997, to account for 
inflation, as determined by the Director and rounded to the 
nearest five cents, except that (1) such stipend or allowance 
shall not be increased as a result of an amendment made to this 
sentence unless the funds appropriated for carrying out this 
part are sufficient to maintain for the fiscal year in question 
a number of participants to serve under this part at least 
equal to the number of such participants serving during the 
preceding fiscal year, and (2) in the event that sufficient 
appropriations for any fiscal year are not available to 
increase any such stipend or allowance provided to the minimum 
hourly rate specified in this sentence, the Director shall 
increase the stipend or allowance to such amount as 
appropriations for such year permit consistent with clause (1) 
of this exception. In establishing the amount of, and the 
effective date for, such adjustment, the Director, in 
consultation with the State Commissions on National and 
Community Service (as established under section 178 of the 
National and Community Service Act of 1990) and the heads of 
the State offices established under section 195 of such Act, 
shall consider the effect such adjustment will have on the 
ability of non-federally funded volunteer programs similar to 
the programs under this title to maintain their current level 
of volunteer hours.
  [(e) For purposes of this part, the terms ``low-income 
person'' and ``person of low income'' mean--
          [(1) any person whose income is not more than 125 per 
        centum of the poverty line defined in section 673(2) of 
        the Community Services Block Grant Act (42 U.S.C. 
        9902(2)) and adjusted by the Director in the manner 
        described in such section; and
          [(2) any person whose income is not more that 100 per 
        centum of such poverty line, as so adjusted and 
        determined by the Director after taking into 
        consideration existing poverty guidelines as 
        appropriate to local situations.
Persons described in paragraph (2) shall be given special 
consideration for participation in projects under this part.
  [(f)(1)(A) Except as provided in subparagraphs (B) and (C), 
individuals who are not low-income persons may serve as 
volunteers under this part, in accordance with such regulations 
as the Director shall issue, if such individuals serve without 
receiving any allowance, stipend, or other financial support 
under this part except reimbursement for transportation, meals, 
and out-of-pocket expenses incident to serving under this part.
  [(B) The regulations issued by the Director to carry out this 
part (other than any regulations relating to allowances, 
stipends, and other financial support authorized by subsection 
(d) to be paid under this part to low-income persons) shall 
apply to all volunteers under this part, without regard to 
whether such volunteers are eligible to receive a stipend under 
subsection (d).
  [(C) Individuals who are not low-income persons may not serve 
as volunteers under this part in any community in which there 
are volunteers serving under part A of this title unless such 
individuals have been referred previously for possible 
placement as volunteers under part A and such placement did not 
occur.
  [(2)(A) Except as provided in subparagraph (B), each 
recipient of a grant or contract to carry out a project under 
this part shall give equal treatment to all volunteers who 
participate in such project, without regard to whether such 
volunteers are eligible to receive a stipend under subsection 
(d).
  [(B) An individual who is not a low-income person may not 
become a volunteer under this part if allowing such individual 
to become a volunteer under this part would prevent a low-
income individual from becoming a volunteer under this part or 
would displace a low-income person from being such a volunteer.
  [(3) The Director may not take into consideration or require 
as a condition of receiving a grant or contract to carry out a 
project under this part, any applicant for such grant or 
contract--
          [(A) to accept or recruit individuals who are not 
        low-income persons to serve as volunteers under this 
        part; or
          [(B) to solicit locally generated contributions, in 
        cash or in kind, to support such individuals.
The Director may not coerce any applicant for, or recipient of, 
such grant or contract to engage in conduct described in 
subparagraph (A) or (B).
  [(4) Funds appropriated to carry out this part may not be 
used to pay any cost, including any administrative cost, 
incurred in connection with volunteers under this part who do 
not receive a stipend under subsection (d). Such cost incurred 
with respect to a volunteer may be paid with--
          [(A) funds received by the Director as unrestricted 
        gifts;
          [(B) funds received by the Director as gifts to pay 
        such cost;
          [(C) funds contributed by such volunteer; or
          [(D) locally generated contributions in excess of the 
        amount required to be contributed under subsection (a), 
        in the discretion of the recipient of a grant or 
        contract under such subsection.

                   [Part C--Senior Companion Program

          [grants and contracts for volunteer service projects

  [Sec. 213. (a) The Director is authorized to make grants to 
or contracts with public and nonprofit private agencies and 
organizations to pay part or all of the cost of development and 
operation of projects (including direct payments to individuals 
serving under this part in the same manner as provided in 
section 211(a)) designed for the purpose of providing 
opportunities for low-income persons aged 60 or over to serve 
as ``senior companions'' to persons with exceptional needs. 
Senior companions may provide services designed to help older 
persons requiring long-term care, including services to persons 
receiving home health care, nursing care, home-delivered meals 
or other nutritional services; services designed to help 
persons deinstitutionalized from mental hospitals, nursing 
homes, and other institutions; and services designed to assist 
persons having developmental disabilities and other special 
needs for companionship.
  [(b) Subsections (d), (e), and (f) of section 211, and such 
other provisions of part B as the Director determines to be 
necessary, shall apply to this part, except that for purposes 
of this part any reference in such subsections and such 
provisions to part B shall be deemed to be a reference to this 
part.
  [(c)(1) The Director is authorized to make grants or 
contracts after subsection (a) for senior companion projects to 
assist homebound elderly individuals to remain in their own 
homes and to enable institutionalized elderly individuals to 
return to home care settings.
  [(2)(A) The Director is authorized to recruit, subject to 
subparagraph (B), senior companion volunteer trainers who on 
the basis of experience (such as, doctors, nurses, home 
economists, social workers) will be used to train senior 
companion volunteers to participate in and monitor initial and 
continuing needs assessments and appropriate in-home services 
for senior companion volunteer recipients. The needs 
assessments and in-home services shall be coordinated with and 
supplement existing community based home health and long-term 
care systems. The Director may also use senior companion 
volunteer leaders, who on the basis of experience as 
volunteers, special skills, and demonstrated leadership 
abilities may spend time in the program (in addition to their 
regular assignment) to assist newer senior companion volunteers 
in performing their assignments and in coordinating activities 
of such volunteers.
  [(B) Senior companion volunteer trainers recruited under 
subparagraph (A) of this paragraph shall not be paid stipends.

                      [Part D--General Provisions

             [promotion of national senior volunteer corps

  [Sec. 221. (a)(1) In carrying out this title, the Director 
shall consult with the Departments of Labor and Health and 
Human Services, and any other Federal agencies administering 
relevant programs with a view to achieving optimal coordination 
with such other programs, and shall promote the coordination of 
projects under this title with other public or private programs 
or projects carried out at State and local levels. Such Federal 
agencies shall cooperate with the Director in disseminating 
information about the availability of assistance under this 
title and in promoting the identification and interest of low-
income and other older persons whose services may be utilized 
in projects under this title.
  [(2) To the maximum extent practicable, the Director shall 
enter into agreements with--
          [(A) the Department of Health and Human Services to--
                  [(i) involve retired and senior volunteers, 
                and foster grandparents, in Head Start 
                programs;
                  [(ii) involve retired and senior volunteers, 
                and senior companions, in providing services 
                authorized by title III of the Older Americans 
                Act of 1965; and
                  [(iii) promote the recognition of such 
                volunteers who are qualified to provide in-home 
                services for reimbursement under title XVIII of 
                the Social Security Act for providing such 
                services;
          [(B) the Department of Education to promote 
        intergenerational tutoring and mentoring for at-risk 
        children; and
          [(C) the Environmental Protection Agency to support 
        conservation efforts.
  [(b)(1) In carrying out this title, the Director shall 
encourage and facilitate the efforts of private organizations 
to promote the programs established in parts A, B, and C and 
the involvement of older individuals as volunteers in such 
programs.
  [(2) The Director shall take appropriate actions to ensure 
that special efforts are made to publicize the programs 
established in parts A, B, and C, in order to facilitate 
recruitment efforts, to encourage greater participation of 
volunteers, and to emphasize the value of volunteering to the 
health and well-being of volunteers and the communities of such 
volunteers. Such actions shall include informing recipients of 
grants and contracts under this title of all informational 
materials available from the Director.
  [(3) From funds appropriated under section 502, the Director 
shall expend not less than $375,000 in each fiscal year to 
carry out paragraph (2).

                               [payments

  [Sec. 222. Payments under this title pursuant to a grant or 
contract may be made (after necessary adjustment, in the case 
of grants, on account of previoulsy made overpayments or 
underpayments) in advance or by way of reimbursement, in such 
installments and on such conditions, as the Director may 
determine.

                     [minority group participation

  [Sec. 223. The Director shall take appropriate steps to 
insure that special efforts are made to recruit, select, and 
assign qualified individuals sixty years and older from 
minority groups to serve as volunteers under this title.

 [use of locally generated contributions in national senior volunteer 
                                 corps

  [Sec. 224. Whenever locally generated contributions made to 
National Senior Volunteer Corps projects under this title are 
in excess of the amount required by the Director, the Director 
may not restrict the manner in which contributions are expended 
if expenditures from locally generated contributions are not 
inconsistent with the provisions of this Act.

                   [programs of national significance

  [Sec. 225. (a)(1) With not less than one-third of the funds 
made available under subsection (d) in each fiscal year, the 
Director shall make grants under the programs authorized in 
parts A, B, and C to support programs that address national 
problems of local concern.
  [(2) Except as provided in paragraph (3), the Director may 
make such grants--
          [(A) under the program authorized in part A, to 
        support programs that address the national problems 
        specified in subsection (b);
          [(B) under the program authorized in part B, to 
        support programs that address the national problems 
        specified in subsection (b), other than paragraphs 
        (10), (12), (15), and (16) of such subsection; and
          [(C) under the program authorized in part C, to 
        support programs that address the national problems 
        referred to in paragraphs (1), (2), (5), (6), and (10) 
        of subsection (b).
  [(3) Each program for which a grant is received under this 
subsection shall be carried out in accordance with the 
requirements applicable to the program under part A, B, or C 
under which the program supported by such grant is to be 
carried out.
  [(b) The Director shall make grants under subsection (a) to 
support one or more of the following programs to address 
problems that concern the Nation:
          [(1) Programs that assist individuals with chronic 
        and debilitating illnesses, such as acquired immune 
        deficiency syndrome.
          [(2) Programs designed to decrease drug and alcohol 
        abuse.
          [(3) Programs that work with teenage parents.
          [(4) Programs that match volunteer mentors with youth 
        who need guidance.
          [(5) Programs that provide adult and school-based 
        literacy assistance.
          [(6) Programs that provide respite care, including 
        care for frail elderly individuals and for disabled or 
        chronically ill children living at home.
          [(7) Programs that provide before- and after-school 
        activities that are sponsored by organizations, such as 
        libraries, that serve children of working parents.
          [(8) Programs that work with boarder babies.
          [(9) Programs that serve children who are enrolled in 
        child care programs, giving priority to such programs 
        that serve children with special needs.
          [(10) Programs that provide care to developmentally 
        disabled adults who reside at home and in community-
        based settings, including programs that, when 
        appropriate, involve older developmentally disabled 
        individuals as volunteers under this title.
          [(11) Programs that provide volunteer tutors to 
        assist educationally disadvantaged children, on a one-
        to-one basis, to improve the basic skills of such 
        children.
          [(12) Programs that address environmental needs.
          [(13) Programs that reach out to organizations (such 
        as labor unions and profitmaking organizations) not 
        previously involved in addressing national problems of 
        local concern.
          [(14) Programs that provide for outreach to increase 
        participation of members of ethnic groups who have 
        limited English proficiency.
          [(15) Programs that support criminal justice 
        activities and juvenile justice activities.
          [(16) Programs that involve older volunteers working 
        with young people in apprenticeship programs.
          [(17) Programs that support the community integration 
        of individuals with disabilities.
          [(18) Programs that provide health, education, and 
        welfare services that augment the activities of State 
        and local agencies, to be carried out in a fiscal year 
        for which the aggregate amount of funds available to 
        such agencies is not less than the annual average 
        aggregate amount of funds available to such agencies 
        for the period of 3 fiscal years preceding such fiscal 
        year.
  [(c)(1) In order for an applicant to be eligible to receive a 
grant under subsection (a), such applicant shall demonstrate to 
the Director that such grant will be used to increase the total 
number of volunteers supported by such applicant.
  [(2) Funds made available under subsection (d) shall be used 
to supplement and not supplant the number of volunteers engaged 
in activities under parts A, B, and C (without regard to this 
section) addressing the problem for which such funds are 
awarded unless such sums are an extension of funds previously 
provided under this section.
  [(d)(1) Except as provided in paragraph (2), from the amounts 
appropriated under subsection (a), (b), (c), or (d) of section 
502, for each fiscal year there shall be available to the 
Director such sums as may be necessary to make grants under 
subsection (a).
  [(2) No funds shall be available to the Director to make 
grants under subsection (a) for a fiscal year unless the 
amounts appropriated under subsections (a), (b), and (c) of 
section 502 and available for such fiscal year to carry out 
parts A, B, and C (without regard to this section) are 
sufficient to maintain the number of projects and volunteers 
funded under parts A, B, and C, respectively, in the preceding 
fiscal year.
  [(e) The Director shall disseminate information on grants 
that may be made under subsection (a) to field personnel of the 
Corporation and to community volunteer organizations that 
request such information.

              [adjustments to federal financial assistance

  [Sec. 226. (a)(1) In determining the amount of Federal 
financial assistance to be provided under this title to 
applicants, the Director shall consider the impact of changes 
in the Consumer Price Index For All Urban Consumers published 
by the Bureau of Labor Statistics of the Department of Labor on 
the administrative costs of operating the projects for which 
such assistance will be provided.
  [(2) The Director shall, to the fullest extent practicable, 
make appropriate adjustments in the amount referred to in 
paragraph (1) to ensure the effective administration of such 
projects.
  [(b) The Director shall take reasonable actions to inform 
applicants for such assistance that such adjustments may be 
available.

                     [multiyear grants or contracts

  [Sec. 227. (a)(1) Subject to paragraph (2) and the 
availability of funds, the Director may make a grant or enter 
into a contract under part A, B, or C for a period not to 
exceed 3 years. Each applicant who receives a grant, or enters 
into a contract, under such part for a period exceeding 1 year 
shall comply with such regulations as the Director may issue to 
require such applicant--
          [(A) to demonstrate that such applicant is in 
        compliance with such part and with the terms and 
        conditions of such grant or contract; and
          [(B) to provide information to update the application 
        submitted to obtain such grant or contract.
  [(2) If the amount appropriated for any fiscal year to carry 
out part A, B, or C in a period during which multiyear grants 
or contracts are in effect under such part is less than the 
amount appropriated to carry out such part in the first fiscal 
year in such period, then the amounts payable under all such 
grants and contracts in effect in such period under such part 
shall be reduced pro rata.
  [(b) The Director shall require each applicant for a 
multiyear grant or contract under this section, to document or 
describe in the application any meaningful administrative 
savings that will result from such multiyear grant or contract.
  [(c) If an applicant does not receive a multiyear grant or 
contract under this section, the Director shall consider such 
applicant for a single-year grant or contract.
  [(d) If the Director approves an application for a contract 
or grant to carry out a project for a multiyear period as 
referred to in subsection (a), the Director shall ensure that 
such project shall be treated in the same manner as a single-
year contract or grant with respect to--
          [(1) the overall level of funding for such project;
          [(2) any adjustments to Federal financial assistance 
        that may be available under section 226; and
          [(3) the renewal of funding on the expiration of the 
        term of such contract or grant.

                    [Part E--Demonstration Programs

[SEC. 231. AUTHORITY OF DIRECTOR.

  [(a) In General.--The Director is authorized to make grants 
to or enter into contracts with public or nonprofit 
organizations, including organizations funded under part A, B, 
or C, for the purposes of demonstrating innovative activities 
involving older Americans as volunteers. The Director may 
support under this part both volunteers receiving stipends and 
volunteers not receiving stipends.
  [(b) Activities.--An organization that receives a grant or 
enters into a contract under subsection (a) may use funds made 
available through the grant or contract for activities such 
as--
          [(1) linking youth groups and older American 
        organizations in volunteer activities;
          [(2) involving older volunteers in programs and 
        activities different from programs and activities 
        supported in the community; and
          [(3) testing whether older American volunteer 
        programs may contribute to new objectives or certain 
        national priorities.

[SEC. 232. PROHIBITION.

  [The Director may not reduce the activities, projects, or 
volunteers funded under the other parts of this title in order 
to support projects under this part.]

               TITLE IV--ADMINISTRATION AND COORDINATION

          * * * * * * *

                               evaluation

  Sec. 416. (a)  * * *
          * * * * * * *
  (f) Not later than December 31, 1988, the Director shall--
          (1) evaluate the impact of Corporation programs 
        carried out under title II that relate to services that 
        assist families caring for frail and disabled adult 
        family members and shall include in such evaluation 
        information on--
                  (A) the range and extent of service needs of, 
                and the services provided to, family caregivers 
                assisted by volunteers;
                  (B) the characteristics of volunteers and the 
                skills, training, and supervision necessary to 
                provide various types of volunteer assistance 
                to family caregivers;
                  (C) administrative costs, including 
                recruitment, training, and supervision costs, 
                associated with volunteer assistance to family 
                caregivers; and
                  (D) such other issues as may be relevant to 
                provide services to assist family caregivers; 
                and
          [(2) evaluate the impact that volunteers who 
        participate in programs under parts B and C of title II 
        without receiving a stipend have on such programs and 
        shall include in such evaluation--
                  [(A) information on administrative costs 
                associated with such volunteers;
                  [(B) a comparison of the quality of services 
                provided by such volunteers and the quality of 
                services provided by volunteers who receive a 
                stipend under such parts, including the rate of 
                absenteeism and turnover; and
                  [(C) a review of the effect that 
                participation by volunteers who do not receive 
                such stipend have on the administration of such 
                programs; and
          [(3)] (2) submit to the Committee on Education and 
        Labor of the House of Representatives and the Committee 
        on Labor and Human Resources of the Senate a report 
        summarizing in detail the results of the evaluations 
        made under [paragraphs (1) and (2)] paragraph (1).
          * * * * * * *

                    [eligibility for other benefits

  [Sec. 418. Notwithstanding any other provision of law, no 
payment for supportive services or reimbursement of out-of-
pocket expenses made to persons serving pursuant to title II of 
this Act shall be subject to any tax or charge or be treated as 
wages or compensation for the purposes of unemployment, 
temporary disability, retirement, public assistance, workers' 
compensation or similar benefit payments, or minimum wage laws. 
This section shall become effective with respect to all 
payments made after the effective date of this Act.]
          * * * * * * *

                              definitions

  Sec. 421. For the purposes of this Act--
          (1)  * * *
          (2) the terms ``United States'' and ``States'' mean 
        the several States, the District of Columbia, the 
        Virgin Islands, Puerto Rico, Guam, the American Samoa 
        [and, for the purposes of title II of this Act, the 
        Trust Territory of the Pacific Islands];
          * * * * * * *
          [(10) the term ``Foster Grandparent Program'' means 
        the program established under part B of title II;]
          * * * * * * *
          [(14) the term ``National Senior Volunteer Corps'' 
        means the programs established under parts A, B, C, and 
        E of title II;
          [(15) the term ``Retired and Senior Volunteer 
        Program'' means the program established under part A of 
        title II;]
          * * * * * * *
          [(18) the term ``Senior Companion Program'' means the 
        program established under part C of title II;]
          * * * * * * *

                TITLE V--AUTHORIZATION OF APPROPRIATIONS

SEC. 501. NATIONAL VOLUNTEER ANTIPOVERTY PROGRAMS.

  (a)  * * *
          * * * * * * *
  (c) Limitation.--No part of the funds appropriated to carry 
out part A of title I may be used to provide volunteers or 
assistance to any program or project authorized under part B or 
C of title I[, or under title II,] unless the program or 
project meets the antipoverty criteria of part A of title I.
          * * * * * * *

[SEC. 502. NATIONAL SENIOR VOLUNTEER CORPS.

  [(a) Retired and Senior Volunteer Program.--There are 
authorized to be appropriated to carry out part A of title II, 
$45,000,000 for fiscal year 1994, and such sums as may be 
necessary for each of the fiscal years 1995 and 1996.
  [(b) Foster Grandparent Program.--There are authorized to be 
appropriated to carry out part B of title II, $85,000,000 for 
fiscal year 1994, and such sums as may be necessary for each of 
the fiscal years 1995 and 1996.
  [(c) Senior Companion Program.--There are authorized to be 
appropriated to carry out part C of title II, $40,000,000 for 
fiscal year 1994, and such sums as may be necessary for each of 
the fiscal years 1995 and 1996.
  [(d) Demonstration Programs.--There are authorized to be 
appropriated to carry out part E of title II, such sums as may 
be necessary for each of the fiscal years 1994 through 1996.]
          * * * * * * *
                              ----------                              


              SECTION 416 OF THE AGRICULTURAL ACT OF 1949

  Sec. 416. (a) In order to prevent the waste of commodities 
whether in private stocks or acquired through price-support 
operations by the Commodity Credit Corporation before they can 
be disposed of in normal domestic channels without impairment 
of the price-support program or sold abroad at competitive 
world prices, the Commodity Credit Corporation is authorized, 
on such terms and under such regulations as the Secretary may 
deem in the public interest: (1) upon application, to make such 
commodities available to any Federal agency for use in making 
payment for commodities not produced in the United States; (2) 
to barter or exchange such commodities for strategic or other 
materials as authorized by law; (3) in the case of food 
commodities to donate such commodities to the Bureau of Indian 
Affairs and to such State, Federal, or private agency or 
agencies as may be designated by the proper State or Federal 
authority and approved by the Secretary, for use in the United 
States in nonprofit school-lunch programs, in nonprofit summer 
camps for children, in the assistance of needy persons, and in 
charitable institutions, including hospitals and facilities, to 
the extent that they serve needy persons (including infants and 
children). In the case of (3) the Secretary shall obtain such 
assurance as he deems necessary that the recipients thereof 
will not diminish their normal expenditures for food by reason 
of such donation. In order to facilitate the appropriate 
disposal of such commodities, the Secretary may from time to 
time estimate and announce the quantity of such commodities 
which he anticipates will become available for distribution 
under (3). The Commodity Credit Corporation may pay, with 
respect to commodities disposed of under this subsection, 
reprocessing, packaging, transporting, handling, and other 
charges accruing up to the time of their delivery to a Federal 
agency or to the designated State or private agency. In 
addition, in the case of food commodities disposed of under 
this subsection, the Commodity Credit Corporation may pay the 
cost of processing such commodities into a form suitable for 
home or institutional use, such processing to be accomplished 
through private trade facilities to the greatest extent 
possible. For the purpose of this subsection the terms 
``State'' and ``United States'' include the District of 
Columbia and any Territory or possession of the United States.
  Dairy products acquired by the Commodity Credit Corporation 
through price support operations may, insofar as they can be 
used in the United States in nonprofit school lunch and other 
nonprofit child feeding programs, in the assistance of needy 
persons, and in charitable institutions, including hospitals, 
to the extent that needy persons are served, be donated for any 
such use prior to any other use or disposition. Notwithstanding 
any other provision of law, such dairy products may be donated 
for distribution to needy households in the United States and 
to meet the needs of persons receiving nutrition assistance 
under the [Older Americans Act of 1965] Older Americans Act of 
1996.
          * * * * * * *
                              ----------                              


          SECTION 1114 OF THE AGRICULTURE AND FOOD ACT OF 1981

    distribution of surplus commodities; special nutrition projects

  Sec. 1114. (a)(1) Notwithstanding any other provision of law, 
whenever Government stocks of commodities are acquired under 
the price support programs and are not likely to be sold by the 
Commodity Credit Corporation or otherwise used in programs of 
commodity or distribution, such commodities shall be made 
available without charge or credit to nutrition projects under 
the authority of the [Older Americans Act of 1965] Older 
Americans Act of 1996 (42 U.S.C. 3001 et seq.), to child 
nutrition programs providing food service, and to food banks 
participating in the special nutrition projects established 
under section 211 of the Agricultural Act of 1980. Such 
distribution may include bulk distribution to congregate 
nutrition sites and to providers of home delivered meals under 
the [Older Americans Act of 1965] Older Americans Act of 1996. 
The Commodity Credit Corporation is authorized to use available 
funds to operate the program under this subsection and to 
further process products to bonus commodity use. Commodities 
made available under this section shall include, but not be 
limited to, dairy products, wheat or the products thereof, 
rice, honey, and cornmeal.
  (2)(A)  * * *
          * * * * * * *
  (C) Whenever commodities are made available to agencies 
pursuant to [section 311(a)(4) of the Older Americans Act of 
1965 (42 U.S.C. 3030a(a)(4)] chapter 3 of subtitle A of title 
III of the Older Americans Act of 1996), the Secretary shall 
encourage access to processed end products containing the 
commodities when in the Secretary's judgment it is cost 
effective. The requirements of this subparagraph shall be met 
in the most efficient and effective way possible. The Secretary 
may, among other alternatives, use direct purchase, State 
option contracts authorized under section 3A of the Commodity 
Distribution Reform Act and WIC Amendments of 1987 (Public Law 
100-237; 7 U.S.C. 612c note), State processing programs, and 
(beginning in fiscal year 1994) agreements with private 
companies operated as a part of the national commodity 
processing program.
  (D) In each of fiscal years 1992, 1993, and 1994, the 
Secretary shall conduct a pilot project in not more than three 
States under which any commodity made available to agencies 
pursuant to [section 311(a)(4) of the Older Americans Act of 
1965 (42 U.S.C. 3030a(a)(4)] chapter 3 of subtitle A of title 
III of the Older Americans Act of 1996) that the Secretary 
determines to be appropriate for reprocessing is made available 
to the agencies as reprocessed end products. The reprocessing 
shall be performed pursuant to agreements with private 
companies, at the expense of the agencies, and operated as part 
of the national commodity processing program established under 
subparagraph (A). In determining the appropriateness of the 
commodities to be reprocessed under the pilot project, the 
Secretary shall consider the common needs of the agencies and 
the availability of processors.
          * * * * * * *
                              ----------                              


             SECTION 509 OF THE REHABILITATION ACT OF 1975

SEC. 509. PROTECTION AND ADVOCACY OF INDIVIDUAL RIGHTS.

  (a)  * * *
          * * * * * * *
  (f) Application.--In order to receive assistance under this 
section, an eligible system shall submit an application to the 
Commissioner, at such time, in such form and manner, and 
containing such information and assurances as the Commissioner 
determines necessary to meet the requirements of this section, 
including assurances that the eligible system will--
          (1)  * * *
          * * * * * * *
          (5) develop a statement of objectives and priorities 
        on an annual basis, and provide to the public, 
        including individuals with disabilities and, as 
        appropriate, their representatives, an opportunity to 
        comment on the objectives and priorities established 
        by, and activities of, the system including--
                  (A) the objectives and priorities for the 
                activities of the system for each year and the 
                rationale for the establishment of such 
                objectives and priorities; and
                  (B) the coordination of programs provided 
                through the system under this section with the 
                advocacy programs of the client assistance 
                program under section 112, the State long-term 
                care ombudsman program established under the 
                [Older Americans Act of 1965] Older Americans 
                Act of 1996 (42 U.S.C. 3001 et seq.), the 
                Developmental Disabilities Assistance and Bill 
                of Rights Act (42 U.S.C. 6000 et seq.), and the 
                Protection and Advocacy for Mentally Ill 
                Individuals Act of 1986 (42 U.S.C. 10801 et 
                seq.);
          * * * * * * *
                              ----------                              


                      JOB TRAINING PARTNERSHIP ACT

          * * * * * * *

           TITLE II--TRAINING SERVICES FOR THE DISADVANTAGED

                     Part A--Adult Training Program

          * * * * * * *

SEC. 204. PROGRAM DESIGN.

  (a)  * * *
          * * * * * * *
  (d) Services for Older Individuals.--
          (1)  * * *
          * * * * * * *
          (4) Coordination.--In providing the services required 
        by this subsection, the Governor shall make efforts to 
        coordinate the delivery of such services with the 
        delivery of services under [title V of the Older 
        Americans Act of 1965 (42 U.S.C. 3056 et seq.)] chapter 
        4 of subtitle A of title III of the Older Americans Act 
        of 1996.
          (5) Eligibility.--
                  (A) Economically disadvantaged.--Except as 
                provided in subparagraph (B), an individual 
                shall be eligible to participate in a job 
                training program under this subsection only if 
                the individual is economically disadvantaged 
                and is an older individual.
                  (B) Special rule.--
                          (i) Individuals facing serious 
                        barriers to employment.--An individual 
                        who is not economically disadvantaged 
                        as described in subparagraph (A) shall 
                        be eligible to participate in a job 
                        training program under this subsection 
                        if the individual faces serious 
                        barriers to employment, is an older 
                        individual, and meets income 
                        eligibility requirements under [title V 
                        of the Older Americans Act of 1965 (42 
                        U.S.C. 3056 et seq.)] chapter 4 of 
                        subtitle A of title III of the Older 
                        Americans Act of 1996 subject to clause 
                        (ii).
                          (ii) Limitation.--Not more than 10 
                        percent of all participants in a 
                        program assisted under this subsection 
                        shall be individuals who are not 
                        economically disadvantaged.
          * * * * * * *

SEC. 205. LINKAGES.

  (a) In General.--In conducting the program assisted under 
this part, service delivery areas shall establish appropriate 
linkages with other Federal programs. Such programs shall 
include, where feasible, programs assisted under--
          (1)  * * *
          * * * * * * *
          [(8) title V of the Older Americans Act of 1965 (42 
        U.S.C. 3056 et seq.);]
          (8) chapter 4 of subtitle A of title III of the Older 
        Americans Act of 1996;
          * * * * * * *

               TITLE IV--FEDERALLY ADMINISTERED PROGRAMS

          * * * * * * *

                      Part D--National Activities

          * * * * * * *

                RESEARCH, DEMONSTRATION, AND EVALUATION

  Sec. 452. (a)  * * *
          * * * * * * *
  (d) Evaluation.--
          (1) Programs.--
                  (A) Job training programs.--The Secretary 
                shall provide for the continuing evaluation of 
                programs conducted under this Act, including 
                the cost effectiveness of the program in 
                achieving the purposes of this Act.
                  (B) Other programs.--The Secretary may 
                conduct evaluations of other federally funded 
                employment-related activities including 
                programs administered under--
                          (i) the Wagner-Peyser Act (29 U.S.C. 
                        49 et seq.);
                          (ii) the National Apprenticeship Act 
                        (29 U.S.C. 50 et seq.);
                          (iii) the [Older Americans Act of 
                        1965] Older Americans Act of 1996 (42 
                        U.S.C. 3001 et seq.);
          * * * * * * *

                     UNIFORM REPORTING REQUIREMENTS

  Sec. 455. (a)  * * *
  (b) Data Elements.--The Secretaries of Labor, Education, and 
Health and Human Services, in consultation with other 
appropriate departments and with the National Occupational 
Information Coordinating Committee, shall identify a core set 
of consistently defined data elements for employment and 
training programs, including those funded under titles II, III, 
and IV of this Act, the Wagner-Peyser Act (29 U.S.C. 49 et 
seq.), the Carl D. Perkins Vocational and Applied Technology 
Education Act (20 U.S.C. 2301 et seq.), the JOBS program, and 
[title V of the Older Americans Act of 1965 (42 U.S.C. 3056 et 
seq.)] chapter 4 of subtitle A of title III of the Older 
Americans Act of 1996.
          * * * * * * *
                              ----------                              


                          SOCIAL SECURITY ACT

          * * * * * * *

        TITLE XVIII--HEALTH INSURANCE FOR THE AGED AND DISABLED

          * * * * * * *

     Part A--Hospital Insurance Benefits for the Aged and Disabled

          * * * * * * *

  REQUIREMENTS FOR, AND ASSURING QUALITY OF CARE IN, SKILLED NURSING 
                               FACILITIES

  Sec. 1819. (a)  * * *
  (b) Requirements Relating to Provision of Services.--
          (1)  * * *
          * * * * * * *
          (4) Provision of services and activities.--
                  (A)  * * *
          * * * * * * *
                  (C) Required nursing care.--
                          (i)  * * *
                          (ii) Exception.--To the extent that 
                        clause (i) may be deemed to require 
                        that a skilled nursing facility engage 
                        the services of a registered 
                        professional nurse for more than 40 
                        hours a week, the Secretary is 
                        authorized to waive such requirement if 
                        the Secretary finds that--
                                  (I)  * * *
          * * * * * * *
                                  (IV) the Secretary provides 
                                notice of the waiver to the 
                                State long-term care ombudsman 
                                (established under [section 
                                307(a)(12) of the Older 
                                Americans Act of 1965] section 
                                304(a)(8) of the Older 
                                Americans Act of 1996) and the 
                                protection and advocacy system 
                                in the State for the mentally 
                                ill and the mentally retarded, 
                                and
          * * * * * * *
  (c) Requirements Relating to Residents' Rights.--
          (1)  * * *
          (2) Transfer and discharge rights.--
                  (A)  * * *
                  (B) Pre-transfer and pre-discharge notice.--
                          (i)  * * *
          * * * * * * *
                          (iii) Items included in notice.--Each 
                        notice under clause (i) must include--
                                  (I) for transfers or 
                                discharges effected on or after 
                                October 1, 1990, notice of the 
                                resident's right to appeal the 
                                transfer or discharge under the 
                                State process established under 
                                subsection (e)(3); and
                                  (II) the name, mailing 
                                address, and telephone number 
                                of the State long-term care 
                                ombudsman (established under 
                                [title III or VII of the Older 
                                Americans Act of 1965 in 
                                accordance with section 712 of 
                                the Act] section 304(a)(8) of 
                                the Older Americans Act of 
                                1996).
          * * * * * * *
  (g) Survey and Certification Process.--
          (1)  * * *
          * * * * * * *
          (5) Disclosure of results of inspections and 
        activities.--
                  (A)  * * *
                  (B) Notice to ombudsman.--Each State shall 
                notify the State long-term care ombudsman 
                (established under [title III or VII of the 
                Older Americans Act of 1965 in accordance with 
                section 712 of the Act] section 304(a)(8) of 
                the Older Americans Act of 1996) of the State's 
                findings of noncompliance with any of the 
                requirements of subsections (b), (c), and (d), 
                or of any adverse action taken against a 
                skilled nursing facility under paragraph (1), 
                (2), or (4) of subsection (h), with respect to 
                a skilled nursing facility in the State.
          * * * * * * *

      TITLE XIX--GRANTS TO STATES FOR MEDICAL ASSISTANCE PROGRAMS

          * * * * * * *

                  REQUIREMENTS FOR NURSING FACILITIES

  Sec. 1919. (a)  * * *
  (b) Requirements Relating to Provision of Services.--
          (1)  * * *
          * * * * * * *
          (4) Provision of services and activities.--
                  (A)  * * *
          * * * * * * *
                  (C) Required nursing care; facility 
                waivers.--
                          (i)  * * *
                          (ii) Waiver by state.--To the extent 
                        that a facility is unable to meet the 
                        requirements of clause (i), a State may 
                        waive such requirements with respect to 
                        the facility if--
                                  (I)  * * *
          * * * * * * *
                                  (IV) the State agency 
                                granting a waiver of such 
                                requirements provides notice of 
                                the waiver to the State long-
                                term care ombudsman 
                                (established under [section 
                                307(a)(12) of the Older 
                                Americans Act of 1965] section 
                                304(a)(8) of the Older 
                                Americans Act of 1996) and the 
                                protection and advocacy system 
                                in the State for the mentally 
                                ill and the mentally retarded, 
                                and
          * * * * * * *
  (c) Requirements Relating to Residents' Rights.--
          (1)  * * *
          (2) Transfer and discharge rights.--
                  (A)  * * *
                  (B) Pre-transfer and pre-discharge notice.--
                          (i)  * * *
          * * * * * * *
                          (iii) Items included in notice.--Each 
                        notice under clause (i) must include--
                                  (I) for transfers or 
                                discharges effected on or after 
                                October 1, 1989, notice of the 
                                resident's right to appeal the 
                                transfer or discharge under the 
                                State process established under 
                                subsection (e)(3);
                                  (II) the name, mailing 
                                address, and telephone number 
                                of the State long-term care 
                                ombudsman (established under 
                                [title III or VII of the Older 
                                Americans Act of 1965 in 
                                accordance with section 712 of 
                                the Act] section 304(a)(8) of 
                                the Older Americans Act of 
                                1996);
          * * * * * * *
  (g) Survey and Certification Process.--
          (1)  * * *
          * * * * * * *
          (5) Disclosure of results of inspections and 
        activities.--
                  (A)  * * *
                  (B) Notice to ombudsman.--Each State shall 
                notify the State long-term care ombudsman 
                (established under [title III or VII of the 
                Older Americans Act of 1965 in accordance with 
                section 712 of the Act] section 304(a)(8) of 
                the Older Americans Act of 1996) of the State's 
                findings of noncompliance with any of the 
                requirements of subsections (b), (c), and (d), 
                or of any adverse action taken against a 
                nursing facility under paragraphs (1), (2), or 
                (3) of subsection (h), with respect to a 
                nursing facility in the State.
          * * * * * * *
                              ----------                              


    SECTION 209 OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974

           low-income housing for the elderly or handicapped

  Sec. 209. The Secretary shall consult the Secretary of Health 
and Human Services to insure that special projects for elderly 
or disabled families authorized pursuant to the United States 
Housing Act of 1937 shall meet acceptable standards of design 
and shall provide quality services and management consistent 
with the needs of the occupants. Such projects shall be 
specifically designed and equipped with such ``related 
facilities'' (as defined in section 202(d)(8) of the Housing 
Act of 1959) as may be necessary to accommodate the special 
environmental needs of the intended occupants and shall be in 
support of and supported by the applicable State plans for 
comprehensive services pursuant to section 134 of the Mental 
Retardation Facilities and Community Mental Health Center 
Construction Act of 1963 or State and area plans pursuant to 
[title III of the Older Americans Act of 1965] chapter 1 of 
subtitle A of title III of the Older Americans Act of 1996.
                              ----------                              


              SECTION 3803 OF TITLE 31, UNITED STATES CODE

Sec. 3803. Hearing and determinations

  (a)  * * *
          * * * * * * *
  (c)(1)  * * *
  (2)(A)  * * *
          * * * * * * *
  (C) For purposes of this subsection, the term ``benefits'' 
means--
          (i)  * * *
          * * * * * * *
          (ix) benefits under the Black Lung Benefits Act;
          (x) benefits under the special supplemental nutrition 
        program for women, infants, and children established 
        under section 17 of the Child Nutrition Act of 1966;
          (xi) benefits under [section 336 of the Older 
        Americans Act] chapter 3 of subtitle A of title III of 
        the Older Americans Act of 1996;
          * * * * * * *
                              ----------                              


     SECTION 4360 OF THE OMNIBUS BUDGET RECONCILIATION ACT OF 1990

SEC. 4360. HEALTH INSURANCE INFORMATION, COUNSELING, AND ASSISTANCE 
                    GRANTS.

  (a)  * * *
          * * * * * * *
  (d) Criteria for Issuing Grants.--In issuing a grant under 
this section, the Secretary shall consider--
          (1) the commitment of the State to carrying out the 
        health insurance information, counseling, and 
        assistance program described in subsection (b)(2), 
        including the level of cooperation demonstrated--
                  (A)  * * *
          * * * * * * *
                  (C) departments and agencies of such State 
                responsible for--
                          (i) administering funds under title 
                        XIX of the Social Security Act, and
                          (ii) administering funds appropriated 
                        under the Older Americans Act of 1996;
          * * * * * * *
                              ----------                              


                       NATIONAL SCHOOL LUNCH ACT

                MISCELLANEOUS PROVISIONS AND DEFINITIONS

  Sec. 12. (a)  * * *
          * * * * * * *
  (i) Facilities, equipment, and personnel provided to a school 
food authority for a program authorized under this Act or the 
Child Nutrition Act of 1966 may be used, as determined by a 
local educational agency, to support a nonprofit nutrition 
program for the elderly, including a program funded under the 
[Older Americans Act of 1965] Older Americans Act of 1996.
          * * * * * * *

                     COMMODITY DISTRIBUTION PROGRAM

  Sec. 14. (a) Notwithstanding any other provision of law, the 
Secretary, during the period beginning July 1, 1974, and ending 
September 30, 1998, shall--
          (1) use funds available to carry out the provisions 
        of section 32 of the Act of August 24, 1935 (7 U.S.C. 
        612c) which are not expended or needed to carry out 
        such provisions, to purchase (without regard to the 
        provisions of existing law governing the expenditure of 
        public funds) agricultural commodities and their 
        products of the types customarily purchased under such 
        section (which may include domestic seafood commodities 
        and their products), for donation to maintain the 
        annually programmed level of assistance for programs 
        carried on under this Act, the Child Nutrition Act of 
        1966, and title III of the [Older Americans Act of 
        1965] Older Americans Act of 1996; and
          * * * * * * *
  (c) The Secretary may use funds appropriated from the general 
fund of the Treasury to purchase agricultural commodities and 
their products of the types customarily purchased for donation 
under [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))] chapter 3 of subtitle A of title III of the Older 
Americans Act of 1996. There are hereby authorized to be 
appropriated such sums as are necessary to carry out the 
purposes of this subsection.
          * * * * * * *
  (o)(1)  * * *
          * * * * * * *
  (3)(A)  * * *
  (B) The guidelines shall contain provisions designed to 
assure that reimbursement under this subsection shall not 
duplicate reimbursement under [part C of title III of the Older 
Americans Act of 1965] chapter 3 of subtitle A of title III of 
the Older Americans Act of 1996, for the same meal served.
  (4) For the purpose of establishing eligibility for free or 
reduced price meals or supplements under this subsection, 
income shall include only the income of an eligible person and, 
if any, the spouse and dependents with whom the eligible person 
resides.
          * * * * * * *
                              ----------                              


     SECTION 2 OF THE ENVIRONMENTAL PROGRAMS ASSISTANCE ACT OF 1984

                         environmental programs

  Sec. 2. (a) Notwithstanding any other provision of law 
relating to Federal grants and cooperative agreements, the 
Administrator of the Environmental Protection Agency is 
authorized to make grants to, or enter into cooperative 
agreements with, private nonprofit organizations designated by 
the Secretary of Labor under [title V of the Older Americans 
Act of 1965] chapter 4 of subtitle A of title III of the Older 
Americans Act of 1996 to utilize the talents of older Americans 
in programs authorized by other provisions of law administered 
by the Administrator (and consistent with such provisions of 
law) in providing technical assistance to Federal, State, and 
local environmental agencies for projects of pollution 
prevention, abatement, and control. Funding for such grants or 
agreements may be made available from such programs or through 
[title V of the Older Americans Act of 1965] chapter 4 of 
subtitle A of title III of the Older Americans Act of 1996 and 
title IV of the Job Training Partnership Act.
          * * * * * * *
                              ----------                              


              SECTION 14 OF THE NOISE CONTROL ACT OF 1972

            quiet communities, research, public information

      Sec. 14. To promote the development of effective State 
and local noise control programs, to provide an adequate 
Federal noise control research program designed to meet the 
objectives of this Act, and to otherwise carry out the policy 
of this Act, the Administrator shall, in cooperation with other 
Federal agencies and through the use of grants, contracts, and 
direct Federal actions--
          (a)  * * *
          * * * * * * *
          (g) provide for the maximum use in programs assisted 
        under this section of senior citizens and persons 
        eligible for participation in programs under the Older 
        Americans Act of 1996.
                              ----------                              


      DEVELOPMENTAL DISABILITIES ASSISTANCE AND BILL OF RIGHTS ACT

   TITLE I--PROGRAMS FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES

          * * * * * * *

PART B--FEDERAL ASSISTANCE TO STATE DEVELOPMENTAL DISABILITIES COUNCILS

          * * * * * * *

SEC. 124. STATE DEVELOPMENTAL DISABILITIES COUNCILS AND DESIGNATED 
                    STATE AGENCIES.

  (a)  * * *
  (b) Council Membership.--
          (1)  * * *
          * * * * * * *
          (3) Representation of agencies and organizations.--
        Each Council shall at all times include representatives 
        of the principal State agencies (including the State 
        agencies that administer funds provided under the 
        Rehabilitation Act of 1973, the Individuals with 
        Disabilities Education Act, the Older Americans Act of 
        1996, and title XIX of the Social Security Act), 
        institutions of higher education, each university 
        affiliated program in the State established under part 
        D, the State protection and advocacy system established 
        under part C, and local agencies, nongovernmental 
        agencies, and private nonprofit groups concerned with 
        services for individuals with developmental 
        disabilities in the State in which such agencies and 
        groups are located. Such representatives shall--
                  (A) have sufficient authority to engage in 
                policy planning and implementation on behalf of 
                the department, agency, or program such 
                representatives represent; and
                  (B) recuse themselves from any discussion of 
                grants or contracts for which such 
                representatives' departments, agencies, or 
                programs are grantees or applicants and comply 
                with the conflict of interest policies required 
                under section 122(c)(5)(C).
          * * * * * * *

          PART C--PROTECTION AND ADVOCACY OF INDIVIDUAL RIGHTS

          * * * * * * *

SEC. 142. SYSTEM REQUIRED.

  (a) System Required.--In order for a State to receive an 
allotment under part B--
          (1) the State must have in effect a system to protect 
        and advocate the rights of individuals with 
        developmental disabilities;
          (2) such system must--
                  (A)  * * *
          * * * * * * *
                  (D) on an annual basis, provide to the 
                public, including individuals with 
                developmental disabilities attributable to 
                either physical impairment, mental impairment, 
                or a combination of physical or mental 
                impairments, and their representatives, as 
                appropriate, non-State agency representatives 
                of the State Developmental Disabilities 
                Council, and the university affiliated program 
                (if applicable within a State), an opportunity 
                to comment on--
                          (i) the objectives and priorities 
                        established by the system and the 
                        rationale for the establishment of such 
                        objectives; and
                          (ii) the activities of the system, 
                        including the coordination with the 
                        advocacy programs under the 
                        Rehabilitation Act of 1973, the [Older 
                        Americans Act of 1965] Older Americans 
                        Act of 1996, and the Protection and 
                        Advocacy for Mentally Ill Individuals 
                        Act of 1986, and with other related 
                        programs, including the parent training 
                        and information centers, education 
                        ombudsman programs and assistive 
                        technology projects;
          * * * * * * *
                              ----------                              


  SECTION 412 OF THE ENERGY CONSERVATION IN EXISTING BUILDINGS ACT OF 
                                  1976

                              definitions

Sec. 412. As used in this part:
          (1)  * * *
          * * * * * * *
          (6) The terms ``Indian'', ``Indian tribe'', and 
        ``tribal organization'' have the meanings prescribed 
        for such terms by [paragraphs (4), (5), and (6), 
        respectively, of section 102 of the Older Americans Act 
        of 1965] paragraphs (28), (29), and (50), respectively, 
        of the Older Americans Act of 1996.
          * * * * * * *
                              ----------                              


       SECTION 405 OF THE CONGREGATE HOUSING SERVICES ACT OF 1978

                      congregate services program

    Sec. 405. (a)  * * *
          * * * * * * *
    (c) A public housing agency or nonprofit corporation 
applying for assistance to provide congregate services to 
elderly residents shall consult with the Area Agency on Aging 
(or, where no Area Agency on Aging exists, with the appropriate 
State agency under the [Older Americans Act of 1965] Older 
Americans Act of 1996) in determining the means of providing 
services under this title and in identifying alternative 
available sources of funding for such services.
    (d) Prior to the submission of a final application for 
either new or renewed funding under this title for the 
provision of congregate services to elderly residents, a public 
housing agency and a nonprofit corporation shall present a copy 
of a proposed application to the Area Agency on Aging (or, 
where no Area Agency on Aging exists, to the appropriate State 
agency under the [Older Americans Act of 1965] Older Americans 
Act of 1996) for review and comment. Such agency and nonprofit 
corporation shall consider such review and comment in the 
development of any final application for either new or renewed 
funding under this title.
          * * * * * * *
                              ----------                              


           CRANSTON-GONZALEZ NATIONAL AFFORDABLE HOUSING ACT

          * * * * * * *

           TITLE VIII--HOUSING FOR PERSONS WITH SPECIAL NEEDS

          * * * * * * *

SEC. 802. REVISED CONGREGATE HOUSING SERVICES PROGRAM.

    (a)  * * *
          * * * * * * *
    (d) Eligible Activities.--
          (1)  * * *
          (2) Meal services.--Congregate services programs 
        assisted under this section shall include meal service 
        adequate to meet at least one-third of the daily 
        nutritional needs of eligible project residents, as 
        follows:
                  (A)  * * *
                  (B) Preference for nutrition providers.--In 
                contracting for or otherwise providing for meal 
                services under this paragraph, each congregate 
                services program shall give preference to any 
                provider of meal services who--
                          (i) receives assistance under title 
                        III of the [Older Americans Act of 
                        1965] Older Americans Act of 1996; or
          * * * * * * *

SEC. 803. HOPE FOR ELDERLY INDEPENDENCE.

  (a)  * * *
          * * * * * * *
  (d) Applications.--An application under this section shall be 
submitted by a public housing agency in such form and in 
accordance with such procedures as the Secretary shall 
establish. The Secretary shall require that an application 
contain at a minimum--
          (1)  * * *
          * * * * * * *
          (12) a statement that the application has been 
        developed in consultation with the area agency on aging 
        under title III of the [Older Americans Act of 1965] 
        Older Americans Act of 1996 and that the public housing 
        agency will periodically consult with the area agency 
        during the demonstration.
          * * * * * * *
                              ----------                              


         SECTION 675 OF THE COMMUNITY SERVICES BLOCK GRANT ACT

                     applications and requirements

  Sec. 675. (a)  * * *
          * * * * * * *
  (c) As part of the annual application required by subsection 
(a), the chief executive officer of each State shall certify 
that the State agrees to--
          (1)  * * *
          * * * * * * *
          (5) provide assurances that the State may transfer 
        funds, but not to exceed 5 percent of its allotment 
        under section 674, for the provisions set forth in this 
        subtitle to services under the [Older Americans Act of 
        1965] Older Americans Act of 1996, the Head Start 
        program under subchapter B of chapter 8 of subtitle A 
        of this title, the energy crisis intervention program 
        under title XXVI of this Act (relating to low-income 
        home energy assistance), or the Emergency Food 
        Assistance Act of 1983;
          * * * * * * *
                              ----------                              


     ALZHEIMER'S DISEASE AND RELATED DEMENTIAS RESEARCH ACT OF 1992

          * * * * * * *

      TITLE IX--ALZHEIMER'S DISEASE AND RELATED DEMENTIAS RESEARCH

                       Part A--General Provisions

                              short title

  Sec. 901. This title may be cited as the ``Alzheimer's 
Disease and Related Dementias Research Act of 1992''.
          * * * * * * *

Part D--Research Relating to Services for Individuals with Alzheimer's 
            Disease and Related Dementias and Their Families

          * * * * * * *

 Subpart 2--Responsibilities of the Agency for Health Care Policy and 
                                Research

SEC. 934. RESEARCH PROGRAM.

  (a)  * * *
  (b) Research Subjects.--The Administrator of the Agency for 
Health Care Policy and Research shall ensure that research 
conducted under subsection (a) shall include research--
          (1)  * * *
          * * * * * * *
          (4) conducted in consultation with the Director of 
        the National Institute on Aging and the Commissioner of 
        the Administration on Aging, concerning the role of 
        physicians in caring for persons with Alzheimer's 
        disease and related dementias and for their families, 
        including the role of a physician in connecting such 
        persons with appropriate health care and supportive 
        services, including those supported through State and 
        area agencies on aging designated under [section 305(a) 
        (1) and (2)(A) of the Older Americans Act of 1965 (42 
        U.S.C. 3025(a)(1) and (2)(A))] section 303(a)(2)(A) of 
        the Older Americans Act of 1996; and
          * * * * * * *

SEC. 962. EDUCATION OF THE PUBLIC, INDIVIDUALS WITH ALZHEIMER'S DISEASE 
                    AND THEIR FAMILIES, AND HEALTH AND LONG-TERM CARE 
                    PROVIDERS.

  (a) Training Models Grants.--
          (1) Grants.--The Director of the National Institute 
        on Aging may award grants to eligible entities to 
        assist the entities in developing and evaluating model 
        training programs--
                  (A) for--
                          (i) health care professionals, 
                        including mental health professionals;
                          (ii) health care paraprofessionals;
                          (iii) personnel, including 
                        information and referral, case 
                        management, and in-home services 
                        personnel (including personnel 
                        receiving support under the [Older 
                        Americans Act of 1965] Older Americans 
                        Act of 1996 (42 U.S.C. 3001 et seq.)), 
                        providing supportive services to the 
                        elderly and the families of the 
                        elderly;
          * * * * * * *
  (d) Application.--To be eligible to receive a grant under 
this section, an entity shall submit an application to the 
Director of the National Institute on Aging at such time, in 
such manner, and containing or accompanied by such information, 
as the Director may reasonably require, including, at a 
minimum, an assurance that the entity will coordinate programs 
provided under this section with the State agency designated 
under [section 305(a)(1) of the Older Americans Act of 1965] 
section 303(a)(1) of the Older Americans Act of 1996, in the 
State in which the entity will provide such programs.
          * * * * * * *
                              ----------                              


               NATIONAL AND COMMUNITY SERVICE ACT OF 1990

          * * * * * * *

      TITLE I--NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM

          * * * * * * *

                 Subtitle F--Administrative Provisions

          * * * * * * *

SEC. 179. EVALUATION.

  (a) In General.--The Corporation shall provide, through 
grants or contracts, for the continuing evaluation of programs 
that receive assistance under the national service laws, 
including evaluations that measure the impact of such programs, 
to determine--
          (1) the effectiveness of various program models in 
        achieving stated goals and the costs associated with 
        such;
          (2) with respect to the programs authorized under 
        subtitle C, the impact of such programs, in each State 
        in which a program is conducted, on the ability of--
                  (A) the VISTA [and National Senior Volunteer 
                Corps programs] program (established under the 
                Domestic Volunteer Services Act of 1973 (42 
                U.S.C. 4950 et seq.));
          * * * * * * *
  (g) Program Objectives.--The Corporation shall ensure that 
programs that receive assistance under subtitle C are evaluated 
to determine their effectiveness in--
          (1)  * * *
          * * * * * * *
          (3) encouraging each participant to engage in public 
        and community service after completion of the program 
        based on career choices and service in other service 
        programs such as the Volunteers in Service to America 
        Program [and National Senior Volunteer Corps programs] 
        established under the Domestic Volunteer Service Act of 
        1973 (42 U.S.C. 4950 et seq.), the Peace Corps (as 
        established by the Peace Corps Act (22 U.S.C. 2501 et 
        seq.)), the military, and part-time volunteer service;
          * * * * * * *
          (9) attracting a greater number of citizens to public 
        service, including service in the active and reserve 
        components of the Armed Forces, the National Guard, the 
        Peace Corps (as established by the Peace Corps Act (22 
        U.S.C. 2501 et seq.)), and the VISTA [and National 
        Senior Volunteer Corps] programs established under the 
        Domestic Volunteer Service Act of 1973 (42 U.S.C. 4950 
        et seq.).
          * * * * * * *

       Subtitle G--Corporation for National and Community Service

          * * * * * * *

SEC. 194. OFFICERS.

  (a)  * * *
          * * * * * * *
  [(d) Assistant Directors for VISTA and National Senior 
Volunteer Corps.--
          [(1) Appointment.--One of the Managing Directors 
        appointed under subsection (a) shall, in accordance 
        with applicable provisions of title 5, United States 
        Code, appoint 4 Assistant Directors who shall report 
        directly to such Managing Director, of which--
                  [(A) 1 Assistant Director shall be 
                responsible for programs carried out under 
                parts A and B of title I of the Domestic 
                Volunteer Service Act of 1973 (the Volunteers 
                in Service to America (VISTA) program) and 
                other antipoverty programs under title I of 
                that Act;
                  [(B) 1 Assistant Director shall be 
                responsible for programs carried out under part 
                A of title II of that Act (relating to the 
                Retired Senior Volunteer Program);
                  [(C) 1 Assistant Director shall be 
                responsible for programs carried out under part 
                B of title II of that Act (relating to the 
                Foster Grandparent Program); and
                  [(D) 1 Assistant Director shall be 
                responsible for programs carried out under part 
                C of title II of that Act (relating to the 
                Senior Companion Program).
          [(2) Effective date for exercise of authority.--Each 
        Assistant Director appointed pursuant to paragraph (1) 
        may exercise the authority assigned to each such 
        Director only after the effective date of section 
        203(c)(2) of the National and Community Service Trust 
        Act of 1993.]
  (d) Assistant Director for VISTA.--One of the Managing 
Directors appointed under subsection (a) shall, in accordance 
with applicable provisions of title 5, United States Code, 
appoint 1 Assistant Director who shall report directly to such 
Managing Director and who shall be responsible for programs 
carried out under parts A and B of title I of the Domestic 
Volunteer Service Act of 1973 (the Volunteers in Service to 
America (VISTA) program) and other antipoverty programs under 
title I of that Act.
          * * * * * * *

           Subtitle H--Investment for Quality and Innovation

SEC. 198. ADDITIONAL CORPORATION ACTIVITIES TO SUPPORT NATIONAL 
                    SERVICE.

  (a)  * * *
          * * * * * * *
  [(r) Assistance for Head Start.--The Corporation may make 
grants to, and enter into contracts and cooperative agreements 
with, public or nonprofit private agencies and organizations 
that receive grants or contracts under the Foster Grandparent 
Program (part B of title II of the Domestic Volunteer Service 
Act of 1973 (29 U.S.C. 5011 et seq.)), for projects of the type 
described in section 211(a) of such Act (29 U.S.C. 5011) 
operating under memoranda of agreement with the Corporation, 
for the purpose of increasing the number of low-income 
individuals who provide services under such program to children 
who participate in Head Start programs under the Head Start Act 
(42 U.S.C 9831 et seq).]
          * * * * * * *
                             MINORITY VIEWS

                              Introduction

    Since its passage in 1965, the Older Americans Act 
(``OAA'') has consistently proven that locally operated 
programs that reach out to all senior citizens through well-
managed senior citizen centers are the most viable. In 
addition, OAA reauthorizations by the Congress over the past 
three decades have always built upon the strongest aspects of 
the local programs to enable localities to continue to expand 
programs and program components.
    When the OAA was last reauthorized by the 102nd Congress, 
that reauthorization bill enjoyed wide, bipartisan support in 
both Houses of the Congress. Program practitioners and 
participants were encouraged to participate in the process. 
Hearings were held across the country to ensure that Members 
and staff of the Committee on Education and Labor had a 
thorough opportunity to understand the various programs 
authorized under the Act, in all their strengths and 
weaknesses.\1\ In addition, those hearings enabled local 
seniors, not just those who earn their living operating those 
programs, to provide their input and to have a direct effect on 
the process. That was especially true once the proposed 
reauthorization bill was actually introduces. Public hearings 
allowed the bill's sponsors, as well as those who questioned 
the wisdom of certain proposals, to better articulate their 
view and to ascertain the public's perceptions. This open 
process led to well-conceived, balanced legislation.
---------------------------------------------------------------------------
    \1\ In fact, during that Congress the Democratic Majority held nine 
hearings on the OAA reauthorization, in addition to a joint hearing 
with the Select Committee on Aging.
---------------------------------------------------------------------------
    In contrast, during the Congress the new Republican 
Majority has crafted its bill (H.R. 2570) in relative 
seclusion, releasing it only shortly before the subcommittee 
mark-up. Although a few oversight hearings were held, the 
Republican Majority held only one legislative hearing on a bill 
that bears little resemblance to the bill that was ultimately 
reported out of full Committee. That restrictive consideration 
of H.R. 2570 has denied those persons most affected by the OAA 
an opportunity to provide useful input to the Congress.\2\ 
Significant differences of opinion concerning major changes 
proposed by H.R. 2570 to current law were never addressed at 
hearings. We believe that an open process might well have 
enabled Members on both sides to compromise on more of the 
central issues presented by this reauthorization. Instead, the 
Republican Majority has produced a bill devoid of any real 
bipartisan flavor, that is regrettable.
---------------------------------------------------------------------------
    \2\ Fortunately, some discussions between Majority and Minority 
staffs did take place, and those discussions were somewhat successful 
in improving the bill as it moved from subcommittee to full committee. 
However, such staff-level meetings are not substitute for careful, 
informed, and public deliberation.
---------------------------------------------------------------------------
    Central areas of disagreement remain between the Majority 
and Minority with respect to H.R. 2570. Each is discussed 
separately below. An overriding philosophical concern relates 
to the basic approach the Majority has taken with respect to 
the OAA. Our Republican colleagues seem to think that the OAA 
creates nothing other than anti-poverty programs, and that the 
nutrition programs, in particular, are economic welfare 
programs.\3\ In our view, that perspective is myopic. Just as 
the National School Lunch Program was designed to ensure that 
school age children receive balanced nutritious meals while in 
school, similarly the senior nutrition programs were designed 
to provide nutritious meals to seniors that would help them 
maintain healthy lifestyles. In addition to providing meals 
either in a congregate setting or in a home-delivered program 
(where the elderly person is house-bound), these nutrition 
programs provide information to seniors on the benefits of 
proper nutrition. All available data has shown that these 
programs improve health, reduce health care costs, and, 
overall, make America a healthier society. In short, OAA 
programs are not ``welfare'' programs. They are wellness 
programs and should be regarded, reviewed, and modified as 
such.
---------------------------------------------------------------------------
    \3\ Similarly, this same bias led the Republican Majority to 
attempt to radically alter the National School Lunch program within the 
context of so-called ``welfare reform.''
---------------------------------------------------------------------------

                           Specific Concerns

  H.R. 2570 WOULD HARM THE SENIOR COMMUNITY SERVICE EMPLOYMENT PROGRAM

    The bill would significantly revamp the Senior Community 
Service Employment Program (SCSEP), which is designed to 
provide unemployed low-income older Americans with part-time 
employment in useful community service activities. We support 
transferring responsibility for administering the SCSEP from 
the Department of Labor to the Department of Health and Human 
Services because we are confident that consolidating aging 
programs under the authority of a single agency will provide a 
more comprehensive approach in addressing the needs of the 
elderly.
    However, we strongly disagree with the second major change 
to the SCEP proposed by the Republican Majority. H.R. 2570 
would eliminate grants to the 10 national sponsors (including 
Green Thumb, The National Council of Senior Citizens, and the 
Americans Association of Retired Persons (AARP)) in favor of 
block grants to the States. The national sponsors have made 
unique and significant contributions to the SCSEP. Combined, 
they have over 200 years experience in administering the SCSEP. 
These organizations have demonstrated an exceptional ability to 
reach out to the grassroots levels of communities, serving some 
of the most disadvantaged members of our society in terms of 
educational attainment, economic status, and outmoded work 
skills. In addition, their performance in placing participants 
in unsubsidized employment has consistently exceeded the 
performance of State-administered programs.
    The Majority's decision to eliminate grants to the national 
sponsors is seemingly driven by a flawed 1995 General 
Accounting Office (GAO) report. In its report, GAO claims that 
administrative costs for most national sponsors exceed the 
amount allowed under the OAA. Current law requires that any 
amount exceeding FY 1978 appropriations be distributed in a 
ratio that is 55 percent to the States and 45 to national 
sponsors.\4\ The Act provides that 75 percent of grant money 
must be used for wages and benefits of enrollees. The remaining 
25 percent is divided between ``administrative expenses'' 
(13.5%), and ``other enrollee cost (OEC)'' (11.5%). ``Other 
enrollee cost'' are those expenses that enhance a participant's 
ability to get and maintain a job, including, resume writing, 
employment counseling, job training, equipment, transportation 
to interviews, uniforms, physical examinations, and other 
expenses incidental to employment. In determining whether an 
expense is an administrative expense or an OEC, GAO insists 
that DoL's 1976 regulations should govern. However, from 1985 
through the first half of 1995, program sponsors relied on 
grants provisions that incorporated proposed 1985 draft 
regulations which expanded the definition of OEC to permit 
several categories of costs that the 1976 regulations did not 
permit. These regulations were finalized in June 1995. The 
Republican Majority was certainly aware of the classification 
discrepancy, but chose to ignore the fact that the national 
sponsors actions were in accordance with DoL's guidance and 
were entirely consistent with the classification of such costs 
under other employment and training programs administered by 
DoL. They further ignored the audits of other creditable 
accounting firms, as well as more than 20 years of audits 
conducted by DoL's Inspector General. These respected 
authorities have concluded that the national sponsors operate 
SCSEP efficiently and have not exceeded the administrative cost 
ceiling. Additionally, a March 1996 evaluation of the program 
by the Urban Institute, at the request of DoL, found 
``substantial support for the program and very little criticism 
of how it currently operates.''
---------------------------------------------------------------------------
    \4\ Incidentally, appropriations bills have overridden that 
provision in each succeeding year to require only 22% for States and 
78% for national sponsors.
---------------------------------------------------------------------------
    We are convinced that shifting the complete administration 
of SCSEP to the States will potentially cause major harm to 
SCSEP, including, disruption of lives of current enrollees; 
loss of expertise provided by national sponsors; program 
vulnerability to State patronage dicisionmaking; decline in 
unsubsidized placements; decline in total number of enrollees; 
and a decrease in the overall quality and classification of 
jobs offered to enrollees.
    During the committee mark-up, we supported the amendment 
offered by our colleague Representative Dale Kildee (D-MI). The 
Kildee amendment was a reasonable compromise that would have 
restructured the SCSEP program by (1) transferring federal 
administration of the program from the Department of Labor to 
the Department of Health and Human Services (Administration on 
Aging); (2) increasing the distribution of funds to States over 
a three-year period; and (3) requiring both national sponsors 
and States to meet performance standards. The Kildee amendment 
was fair because, even if some legitimate criticism could be 
raised against some of the national sponsors, the total 
elimination of all national sponsors from the SCSEP is 
unwarranted. Unfortunately, the very reasonable Kildee 
compromise amendment was rejected by Committee Republicans.

 IT IS UNNECESSARY TO MOVE THE NATIONAL SENIOR SERVICE CORPS FROM THE 
                    CORPORATION FOR NATIONAL SERVICE

    The Foster Grandparents Program (FGP), Senior Companions 
Program (SCP), and Retired and Senior Volunteer Program (RSVP) 
are federally-funded National Senior Service Corps programs 
administered by the Corporation for National and Community 
Service (``Corporation''). We strongly oppose provisions in 
H.R. 2570 which would move administration for the FGP, SCP, and 
RSVP from the Corporation to the Administration of Aging (AoA). 
We believe such a move is unnecessary and would undermine the 
outstanding track record of these highly successful volunteer 
efforts.
    The Majority's purported motivation for moving these 
programs to OAA--namely, that it will facilitate cooperation 
and coordination--belies the evidence that such coordination 
and cooperation currently exists in communities throughout the 
nation. In cities, towns, counties, and rural areas across the 
United States, squads of Senior Companion volunteers provide 
in-home services to frail older people who are being served by 
OAA resources. Thousands of RSVP volunteers serve in OAA-funded 
home-delivered meal and center-based nutrition programs.
    Maintaining senior volunteers as part of the overall 
national volunteer service effort helps promote 
intergenerational cooperation. The current structure and 
administration of these senior volunteer programs is cost-
effective and efficient.
    Through their present administrative structure, FGP, SCP, 
and RSVP have used Federal dollars to leverage local resources 
of a magnitude unheard of in Federal activities. The three 
programs yield 68 cents for every dollar committed by the 
Federal government.
    We think that these programs as initiatives which only 
serve the elderly (an unfortunate view our Republican 
colleagues seem to hold) ignore the true nature of these 
programs. For, in fact, the beneficiaries of FGP, SCP, and RSVP 
services are people of all ages. Only one-quarter of local 
program sponsors are organizations dedicated to providing 
services solely to older people who need them. The majority of 
service recipients include school districts, community action 
agencies, counseling services, universities and community 
colleges, local governments, action centers, Catholic 
Charities, Lutheran Social Services, and children's services 
agencies.
    The more enlightened attitude, that volunteer service is 
inclusive of all ages, has long enjoyed bipartisan recognition. 
Volunteerism knows no race, genera, or age barriers. During the 
Committee mark-up, we supported an amendment offered by 
Representative Tom Sawyer (D-OH) that would have allowed the 
National Senior Service Corps to remain with the Corporation. 
Quite frankly, it is ``ageist'' to segregate senior volunteers 
from other volunteer efforts; and yet by rejecting the Sawyer 
amendment, the Republican Majority did just that.
    In conclusion, we suspect that the real motive behind the 
Majority's interest in removing these senior volunteer programs 
from the aegis of the Corporation is their conspicuous disdain 
for President Clinton's initiative. We reject such political 
gamesmanship with the volunteer opportunities afforded to more 
than a half million senior citizens.

ELIMINATION OF MINORITY TARGETING THREATENS THE WELL-BEING OF MINORITY 
                                SENIORS

    Among the most compelling features of the OAA nutrition and 
supportive service programs is the targeting of services to 
low-income minority seniors. In 1984, Congress amended the OAA 
to require program sponsors to target older Americans with 
greatest economic and social needs, with particular attention 
paid to low-income minority older Americans. Twenty years of 
experience under the Act had shown that the absence of such 
targeting resulted in repeated and regular neglect of that 
particularly vulnerable population. Currently, State and area 
agencies are required to set specific objectives for serving 
low-income minority older persons, including developing 
intrastate funding formulas to assure those objectives are met. 
Paradoxically, H.R. 2570 eliminates these requirements and 
merely requires State and area agencies to conduct outreach 
activities for a number of special groups of elderly, including 
low-income minority older persons.
    The OAA is the primary Federal resource developed 
specifically to help the elderly remain self-sufficient. The 
nutrition and other supportive services provided under the Act 
are especially important to low-income minority seniors, given 
their many disadvantages. According to 1990 U.S. Census data, 
nearly 45% of low income minority seniors were living alone in 
1990, compared with only 25% of the total population of persons 
age 60 and older. Additionally, the National Center for Health 
Statistics reports that the incidence of restricted activity 
days for older African-Americans is nearly 41 percent higher 
than that for elderly whites. They are confined to bed, on 
average, approximately 58% more than their white peers.
    Without the minority targeting provisions, our nation will 
retreat to an era when those most in need (primarily because 
throughout the course of their lives they were denied access to 
a wide range of benefits) will again have little or no access 
to services otherwise available to the elderly. During the 
Committee mark-up, we supported an amendment offered by 
Representative Donald Payne (D-NJ) that would have retained the 
vital minority targeting requirement. The anti-affirmative 
action zeal of the Republican Majority led them to oppose the 
Payne amendment.

   mandatory vulnerable elder rights protection activities should be 
                                retained

    The uncertainty caused by proposed radical changes (and 
cuts) in the OAA, Medicare, heating assistance (LIHEAP), and 
other government assistance will increase the anxiety and the 
need for legal assistance among the elderly. With so much 
approaching flux, there are bound to be intended and unintended 
disruptions in benefits provided to millions of seniors. The 
most vulnerable of these seniors are those who cannot, on their 
own, navigate the maze of red tape that will confront them as 
they pursue their rightful bene- 
fits. Access to legal services will be even more critical to 
these seniors.
    Other seniors will need help in understanding their rights 
under radically reshaped programs. For example, those seniors 
who might have to transfer to managed health care under 
proposed Medicare changes will face an entirely new appeals 
process when they believe service is improperly denied or 
billed. They will need legal services to assist them in 
resolving these claims. So, at a time when the need for legal 
assistance to the elderly is likely to be more compelling than 
ever before, it is nonsensical for the Majority to propose 
eliminating the current law's mandate of legal assistance for 
the elderly.
    Similarly, the bill eliminates the requirement for elder 
abuse, neglect and exploitation education programs. This too is 
wholly unreasonable and unconscionable, given the rising 
incidence of crimes committed against seniors. According to the 
U.S. Department of Health and Human Services, an estimated one 
and one-half to two million elderly Americans are abused 
annually. The social isolation, physical conditions, and 
debilitating illnesses facing many senior citizens, make them 
easy prey for telecommunications scam artists, violent 
criminals, and abusive and predatory family members. We 
recognize the vulnerability of senior citizens and the steady 
increase in domestic and criminal activity committed against 
them. Therefore, we are appalled that the Majority would weaken 
the Federal commitment to elder abuse education and prevention 
programs.
    During the committee mark-up, Representative Robert (Bobby) 
Scott (D-VA) offered amendments to restore the legal assistance 
and elder abuse program requirements, and to establish required 
minimum levels of expenditure fore these programs. However, the 
Republican Majority rejected these amendments, preferring to 
lump these types of assistance on a menu of miscellaneous 
programs from which the States area agencies may make their own 
selections, at their option. We oppose such random availability 
of services for the elderly.
    The Ombudsman Program uses community trained volunteers to 
assist residents of nursing homes, board and care homes, and 
other long-term care facilities on issues ranging from 
inadequate care, to inappropriate denial of services, to abuse 
and exploitation. While H.R. 2570 authorizes the Long Term Care 
Ombudsman program, States would not be required to spend any 
funds from that program. Further, should a State spend money on 
the program, the bill establishes a ceiling on funding, based 
on the FY 1995 appropriation for that program. We supported an 
amendment in Committee offered by our colleague, Representative 
Scott, that established a floor for what must be spent on this 
critical program. We believe a minimum amount of funding should 
be mandated. Our Republican colleagues do not.

                                   William L. Clay.
                                   Pat Williams.
                                   Lynn Woolsey.
                                   Jack Reed.
                                   Chaka Fattah.
                                   Gene Green.
                                   George Miller.
                                   Bobby Scott.
                                   Carlos Romero-Barcelo.
                                   Matthew G. Martinez.
                                   Donald M. Payne.
                                   Major Owens.
                                   Tom Sawyer.
                                   Xavier Becerra.
                                   Robert E. Andrews.
                                   Dale E. Kildee.
                                   Patsy T. Mink.


                            ADDITIONAL VIEWS

                   Unfair Interstate Funding Formula

    We oppose the provisions in H.R. 2570 which would change 
the formula used to allocate funds to the States for the Title 
III nutrition and supportive service programs. Currently the 
Older Americans Act (``OAA'') allocates funds based on a 
State's population of persons aged 60 years and older, but 
States are also guaranteed to receive a certain base amount (a 
hold harmless formula). H.R. 2570 would change the formula to 
one based strictly on population (over a five-year period) and 
eliminate the hold harmless provision altogether. Some contend 
that it is only logical to have the funds follow the senior 
population, but we disagree with the notion that population 
should be the sole determinant. In fact, a strictly population-
based formula runs contrary to, and would actually undermine, 
the targeting emphasis provisions of the OAA. Title III 
currently requires that services be targeted to those persons 
with greatest economic or social need. Ironically, even though 
H.R. 2570 would retain targeting for greatest economic or 
social need, this new formula for title III totally disregards 
social or economic need.
    While the OAA is intended to help the elderly live 
independently by removing barriers to independent living, this 
proposed method of funding will not consider those elderly 
persons most at risk of confronting barriers to independent 
living. According to the Administration on Aging (AoA) 1994 
program data, more than half of the participants in the 
nutrition programs have incomes at or below the Federal poverty 
line. Under the proposed formula, a substantial number of at-
risk persons will no longer receive meals because States with 
high concentrations of older persons with the greatest need for 
services will be underfunded. We think that it is penny-wise 
and pound foolish to reallocate larger slices of a dwindling 
pie to wealthy States at the expense of more needy States. 
Substantial numbers of elder citizens will be denied services 
under the OAA in States as diverse as Iowa, New York, and 
Illinois.
    During the Committee markup, we supported an amendment 
offered by Rep. Eliot Engel (D-NY) which would have ensured a 
minimum base amount to each State. The interstate funding 
distribution provisions of the bill remain unfair and 
inequitable, and should be improved as H.R. 2570 moves forward.

                                   William L. Clay.
                                   Major Owens.
                                   Tom Sawyer.
                                   Jack Reed.
                                   Chaka Fattah.
                                   Pat Williams.
                                   Donald M. Payne.
                                   Robert E. Andrews.
                                   Dale E. Kildee.
                                   Carlos Romero Barcelo.

                                
