[Senate Report 104-344]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 553
104th Congress                                                   Report
                                 SENATE

 2d Session                                                     104-344
_______________________________________________________________________


 
                 OLDER AMERICANS ACT AMENDMENTS OF 1996

                                _______
                                

                 July 31, 1996.--Ordered to be printed

_______________________________________________________________________


   Mrs. Kassebaum, from the Committee on Labor and Human Resources, 
                        submitted the following

                              R E P O R T

                             together with

                     ADDITIONAL AND MINORITY VIEWS

                         [To accompany S. 1643]

    The Committee on Labor and Human Resources, to which was 
referred the bill (S. 1643) to amend the Older Americans Act of 
1965 to authorize appropriations for fiscal year 1997 through 
2001, and for other purposes, having considered the same, 
reports favorably thereon with amendments and recommends that 
the bill (as amended) do pass.

                                CONTENTS

                                                                   Page
  I. Background and need for the legislation..........................1
 II. Legislative history and votes in committee.......................4
III. Explanation of the legislation and committee views..............11
 IV. Summary of the legislation......................................21
  V. Cost estimate...................................................23
 VI. Regulatory impact statement.....................................29
VII. Section-by-section analysis.....................................29
VIII.Additional views................................................41

 IX. Minority views..................................................42
  X. Changes in existing law.........................................45

               I. Background and Need for the Legislation

    In an effort to respond to concerns about a shortage of 
community-based social services for older persons and a desire 
by policy makers to improve the status of older Americans, 
Congress passed legislation known as the Older Americans Act 
(OAA) in 1965. In doing so, it created a Federal program 
specifically designed to meet the social services needs of 
older persons. Prior to the passage of the act in 1965, older 
persons were eligible for social services available through 
Federal programs; however, recognizing that older persons were 
becoming an increasingly large proportion of the population and 
that their needs were often not being formally addressed 
through existing programs, the act was put in place.
    The original legislation established authority for grants 
to be made to States for community planning and social 
services, research and development projects, and personnel 
training in the field of aging. The law also established the 
Administration on Aging (AOA) within the then- Department of 
Health, Education, and Welfare (DHEW) to administer this new 
grant programs and to serve as the Federal focal point on 
matters concerning older persons.
    Although older persons may receive services under many 
other Federal programs, the act is considered to be a major 
vehicle for the organization and delivery of social, nutrition, 
and other services to the population in the United States aged 
60 and over. The act authorizes and provides funding for an 
array of service programs through a nationwide network of 57 
State agencies on aging and 660 area agencies on aging. It also 
supports a community service employment program for low-income 
workers aged 55 and over, the long-term care ombudsman program, 
research, training, and demonstration activities in the field 
of aging, and grants to Native American organizations for 
social and nutrition programs.
    The act has been reauthorized or amended 13 times since the 
original legislation was enacted. The first amendments to the 
act in 1967 extended authorization for the State grant program 
and for research, demonstration, and training programs created 
in 1965. In 1969, Congress added authority for a program of 
area-wide model projects to test new and varied approaches to 
meet the social service needs of the elderly and required 
States to assume statewide responsibility for planning, 
coordination and evaluation of programs for older persons. The 
1969 amendments also authorized the foster grandparent and 
retired senior volunteer programs to provide part-time 
volunteer opportunities for the elderly. (Subsequent 
legislation authorized these programs as part of the Domestic 
Volunteer Service Act of 1973.)
    Major amendments to the act occurred in 1972 with the 
creation of the national nutrition program for the elderly, and 
in 1973, with the establishment of substate area agencies on 
aging. The 1973 amendments represented a major change because, 
for the first time, Federal law authorized the creation of 
local agencies whose purpose is to plan and coordinate services 
for older persons and to act as advocates for programs on their 
behalf. These amendments also created legislative authority for 
the community service employment program for older Americans 
which had previously operated as a demonstration initiative 
under the Economic Opportunity Act. In 1975, Congress extended 
the Older Americans Act through 1978 and specified certain 
services to receive priority under the State and area agency on 
aging program.
    The 1978 amendments represented a major structural change 
to the act when the separate grant programs for social 
services, nutrition services, and multipurpose senior center 
facilities were consolidated into one program under the 
authority of State and area agencies on aging. The intent of 
these amendments was to improve coordination among the various 
service programs under the act. Among other changes were 
requirements that States establish long-term care ombudsman 
programs whose purpose is to investigate and resolve complaints 
of residents of nursing facilities and board and care homes. 
This legislation also created a new title VI authorizing grants 
to Indian tribal organizations for social and nutrition 
services to older Indians.
    The 1981 amendments made no major changes in the act, but 
made modifications intended to give State and area agencies on 
aging more flexibility in the administration of their service 
programs. These amendments also emphasized the transition of 
participants to private sector employment under the community 
service employment program. In 1984, Congress enacted a number 
of provisions, including: new responsibilities for the AOA; 
giving States more flexibility regarding service funds 
allocation under the State grant program; and giving priority 
to the needs of Alzheimer's victims and their families.
    The 1987 amendments expanded some service components of the 
State and area agency program to address the special needs of 
certain populations. Congress authorized a number of distinct 
programs, including the long-term care ombudsman program. Among 
other changes were provisions designed to give special 
attention to the needs of older Native Americans and the 
disabled; emphasize targeting of services to those most in 
need; elevate the status of the AOA within the Department of 
Health and Human Services (DHHS); and liberalize eligibility of 
community service employment participants for other Federal 
programs.
    Amendments in 1992 restructured several of the act's 
programs. The long-term care ombudsman program and elder abuse 
prevention activities were consolidated into an additional 
title, along with a program designed to provide outreach, 
counseling, and assistance to older persons regarding public 
and private benefit programs. In addition, provisions were 
included to strengthen requirements related to targeting of 
title III services on special population groups. Other 
amendments clarified the role of title III agencies in working 
with the for-profit sector and required improvements in AOA 
data collection.
    The Older Americans Act has expanded from a program that 
authorized small grants to States for service programs to a 
nationwide network of State and area agencies that are 
responsible for administration of multiple and complex service 
programs in addition to planning, advocacy, and coordination of 
policies and programs that affect the older population. During 
the late 1960s and early 1970s, much effort was spent on 
establishing the infrastructure of aging programs. During the 
course of various amendments, Congress has made changes 
designed not only to clarify the mission of the program and to 
provide greater flexibility in its administration, but also to 
sharpen responsibilities of State and area agencies in certain 
areas, such as targeting of services to special groups of older 
persons. Other amendments have extended State and area 
agencies' scope of operations to many specific areas, including 
prevention of elder abuse, neglect, and exploitation, 
coordination of community-based long-term care services, and 
disease prevention and health promotion activities.
    Although the program's funding does not represent a 
significant proportion of the total Federal budget devoted to 
the elderly, a number of aspects of the program contribute to 
its importance to older persons. Over the last three decades, a 
fair level of effort has been devoted to drawing in non-Older 
Americans Act resources to support aging service activities. 
Because emphasis has been placed on coordinating and planning 
services for older persons, and on requiring State and area 
agencies on aging to attract other resources for aging services 
programs, the act has even more potential to improve services 
beyond those funded under its auspices.
    The service programs supported by the act are among the 
most visible programs for older persons within every community 
in the United States. In fiscal year 1994, the national 
nutrition program, the largest component of the act, provided 
240 million meals to over 3 million older persons. About 53 
percent of meals were provided in congregate settings and the 
balance were delivered to frail older persons in their homes. 
Preliminary results from an AOA-sponsored national evaluation 
of the nutrition program, required by the 1992 amendments, has 
pointed to the success of the nutrition program in generating 
State, local, and voluntary contributions. The evaluation found 
that for every $1 in Federal resources, the nutrition program 
leverages nearly $2 in public and private contributions. The 
nutrition program was found to have a positive impact on the 
diets of participants. Meals consumed by both congregate and 
home-delivered meals participants were the primary source of 
nutrients consumed for the day.
    The supportive services program funds a wide variety of 
social services programs. It is a primary source of funds for 
information and referral, outreach, senior center and 
transportation services. In fiscal year 1994, nearly 6.9 
million older persons received supportive services. This 
program also serves as the major source of Federal funds for 
the long-term care ombudsman program.

             II. Legislative History and Votes in Committee

    S. 1643, the ``Older Americans Act Amendments of 1996,'' 
was introduced by Senator Gregg with Senator Kassebaum on March 
26, 1996. Prior to the drafting of the legislation, the 
Subcommittee on Aging of the Committee on Labor and Human 
Resources held two hearings.

                                hearings

    The first hearing was held on March 21, 1995, and was 
entitled ``Bringing Nutrition Programs into the 21st Century.'' 
In an effort to learn more about the day-to-day workings of the 
OAA nutrition programs, the subcommittee heard testimony from 
Herb Stupp, commissioner, New York City Department for the 
Aging, New York, NY; Toby Felcher, special assistant to the 
executive director of CARE, Baltimore, MD; Debra Perou-Hermans, 
executive director, Rockingham Nutrition and Meals on Wheels 
Program, Brentwood, NH; Margot Clark, executive director, North 
West Indiana Meals on Wheels, Crown Point, IN; and Barbara 
Harris, associate director, Senior Citizen Services, Inc., Fort 
Worth, TX. Testimony focused on the need for significantly 
increased flexibility in the use of funds under the act, 
especially the nutrition program dollars. Eliminating the 
artificial division between congregate and home-delivered meals 
program funds, and expanding the authority to impose cost-
sharing requirements were the two themes most emphasized.
    The second hearing was held on June 29, 1995, and was 
entitled ``Maximizing Resources in the Face of Growing 
Demands.'' The subcommittee heard testimony from Julie Govert-
Walter, executive director, North Central-Flint Hills Area 
Agency on Aging, Manhattan, KS; Cheryll Schramm, director, 
Atlanta Regional Commission, Aging Services Division, Atlanta, 
GA; Neetu Dhawan-Gray, director, Baltimore Commission on Aging, 
Baltimore, MD; J. Douglas Mickle, director of advertising and 
marketing services, Reynolds Metals, Richmond, VA; and Jim 
Dunn, director of customer programs and planning, Consumers 
Power Company, Jackson, MI. Removing barriers that stand in the 
way of public/private partnerships in meeting the needs of our 
seniors received significant emphasis. These providers and 
persons involved in independent efforts to eliminate such 
obstacles shared with us the successes of their endeavors. The 
subcommittee believed it was critical to find ways to allow 
Americans to direct their own futures, by supporting and 
promoting such partnerships.
    These hearings provided the basis for the underlying 
principles included in this legislation, having focused on how 
quality services can best be provided to our older population 
and how public/private partnerships can be leveraged to promote 
this important safety net protecting our senior citizens' 
independence. The subcommittee also followed closely the 
hearing process before the House Committee on Economic and 
Educational Opportunities, in an effort to gain as broad a 
perspective as possible.

  Committee Action on the Senior Community Service Employment Program 
                                (SCSEP)

    Under current law, the Department of Labor awards SCSEP 
funds to 10 national program sponsors as well as to State 
agencies for subsidized employment/community service programs 
for older workers. Eligibility restrictions require 
participants to be 55 years old or older, and low-income (at 
125 percent of the poverty level) with ``poor employment 
prospects.'' Preference is given to persons over 60 years of 
age. The majority of the funds (78 percent) goes to the 
entitled organizations, and only 22 percent to the State-run 
programs. Funds are not awarded on a competitive basis and new 
contractors are not afforded an opportunity to apply for the 
funds and offer innovative programs to meet the challenges 
SCSEP is designed to address.
    The SCSEP was included in S. 143, the work force 
development legislation reported out of the Committee on Labor 
and Human Resources on June 21, 1995. S. 143 maintained the 
SCSEP until July 1, 1998, when all individual job training 
programs would have been repealed and consolidated. The bill 
continued to define eligible older workers as individuals over 
55 years of age and low-income. The accountability section 
required States to develop goals for their system and then 
establish special benchmarks for meeting progress toward those 
goals for five specific populations, including older workers. 
The Federal governing board would negotiate with the States, 
with an incentive structure for meeting--and exceeding--the 
benchmarks. It was expected by the committee members supporting 
this change to the program that States would be highly 
motivated to serve their older-worker population well, contrary 
to concerns that this new system would diminish current efforts 
to assist older workers. Under the bill, States are required to 
show exactly how many older workers are being placed in 
meaningful jobs through the statewide system. If they fail to 
meet their benchmarks, States will face monetary sanctions.
    On June 21, 1995, Senator Mikulski offered an amendment in 
committee to strip this provision from S. 143. This amendment 
failed by a vote of 7-9. While all agreed that this program 
does meet important community needs, Republican members of the 
committee believed that States would continue to address these 
needs in the context of a streamlined work force development 
system. In light of the efforts that the 104th Congress is 
making to reduce the Federal deficit, it was believed that it 
is critical that such funds be consolidated to maintain a 
system that will be able to address employment and income 
supplementation needs of seniors.
    S. 143 was incorporated into S. 1120, the Work Opportunity 
Act, which was offered as a substitute to H.R. 4, the Family 
Self-Sufficiency Act. On September 13, 1995, Senator Mikulski 
offered an amendment to H.R. 4 on the Senate floor to remove 
the Senior Community Service Employment Program (SCSEP) from 
title VII, the job training consolidation provisions. This 
amendment passed by a vote of 55-45, repealing the 
consolidation of the SCSEP with other federally subsidized 
employment programs.

                Improvements to the Older Americans Act

    After these hearings were held and the action on SCSEP 
ensured it was once again within the jurisdiction of the act, 
legislation was drafted and circulated to all committee members 
in December 1995. The subcommittee, at the beginning of the 
104th Congress, had clearly stated that it would focus on 
issues relating to the health and quality of life of senior 
citizens and that sound economic principles would be an 
important theme. The subcommittee, very aware of the 
demographic challenges seniors' programs face in the near 
future, decided all legislative proposals would have to extend 
what has often been short-sighted vision to consider not only 
the problems that confront our seniors today but those facing 
the next generations of older Americans. These themes were 
incorporated into each aspect of the reauthorization draft.
    That draft contained provisions that simplified the OAA, 
restructuring the act into four titles from seven, based on the 
authority administering each component of the act rather than 
the individual programs within the act. The bill contained a 
Federal title, a State title, a title for local programs, and a 
Native American title. This eliminated a number of burdensome, 
bureaucratic requirements that had been introduced into the act 
over the years, while preserving the best qualities and the 
essential structure of the aging network that is supported by 
Federal funds.
    Within the nutrition and supportive services grants program 
in titles II and III (title III of current law) the legislation 
consolidated six separately authorized funding streams into 
two, and increased the transfer authority to up to 25 percent 
between the accounts and provided waiver authority for an 
additional 25 percent transfer. The goal of these provisions 
was to maximize limited funding by increasing the flexibility 
of these programs, allowing those providing services to meet 
the needs that exist from community to community. This was 
directly in response to concerns voiced by service providers 
and program administrators at the local and area agency levels. 
The artificial funding barrier set up between congregate and 
home-delivered meals was removed; States will receive a single 
grant which will be used to appropriately fund both programs. 
The interstate funding formula was also improved, essentially 
replacing the 1987 ``hold harmless'' provisions with a formula 
based on current 60+ population figures, phased in over 5 
years.
    Other important activities funded under the act, including 
the State Long-Term Care Ombudsman program, legal assistance 
services, outreach and counseling, and elder abuse prevention 
program authority were continued, but moved to title II of OAA, 
the State title (currently these activities are in title VII of 
the act.) A specific funding stream was maintained for the 
ombudsman program, recognizing the importance of this program. 
The funding and authority for research and demonstration grants 
were retained in title I of S. 1643 (title IV of current law). 
However, the purpose of these grants was clarified to 
facilitate innovative ways to deliver the broader range of 
services provided for in the act.
    Funding authorization levels in the draft bill were based 
upon the amounts in the Senate Committee on Appropriations-
passed fiscal year 1996 Labor/Health and Human Services 
appropriations bill.

                  Modifications Made to the Draft Bill

    A number of additions were then made to this draft bill 
pursuant to discussions with both Republicans and Democrats on 
the committee, as well as the Administration and numerous 
providers who are part of the aging network. Changes made to 
the draft included adding: authority for the Assistant 
Secretary to continue operating a nationwide toll-free 
telephone line providing information on community elder care 
resources; language permitting States to waive, for 
organizations that have historically provided case management 
and other direct services, the prohibition against providing 
both, with safeguards included to minimize conflicts of 
interests; and a separate line item to fund the ombudsman 
program, with language clarifying that States can reserve 
additional funds from the appropriations for supportive 
services to operate their ombudsman program; and more 
prescriptive provisions related to the ombudsman program were 
reinstated, establishing requirements as to how programs are to 
be organized and operated in States and how to avoid conflicts 
of interest.
    A requirement was added to ensure that the aging network 
provide older individuals with information about health 
insurance and public benefit options available to them 
(including those available through Federal and State programs). 
In addition, other provisions added include: a separate line 
item to fund research and demonstration projects under the act; 
a requirement that States establish and publish procedures for 
changing the designation of an area agency on aging; emphasis 
on the importance of information and assistance services; 
assurance that confidentiality of individual information 
related to cost sharing will be maintained and clarification 
that no older individual can be denied services due to an 
inability to pay; specific targeting of services to minority 
populations; and a separate grant program for disease 
prevention and health promotion.
    Authority was retained for the Assistant Secretary to 
operate a National Center on Elder Abuse. A requirement was 
added for State plans to specify, with respect to legal 
assistance, that a specific percentage of the amount allotted 
for supportive services to each area agency on aging be 
expended for the delivery of legal assistance. A requirement 
was also added providing that whenever a State chooses to 
provide services for the prevention of elder abuse, neglect, 
and exploitation, the State plan must specify a specific 
percentage of the amount allotted for supportive services that 
will be expended for the program.
    The definition of low-income was clarified to mean an 
individual who is a member of a family that has income not more 
than 150 percent of the Federal poverty line (excluding the 
economic eligibility requirement for the SCSEP program, which 
is set at 125 percent of the Federal poverty line); specific 
authority was added to permit the Assistant Secretary to 
evaluate the impact of all programs under the act; and disaster 
relief provisions were added to authorize the Assistant 
Secretary to set aside an amount equal to .06 percent of the 
total amount appropriated for supportive and nutrition services 
to provide grants to States and Indian tribes during major 
disasters declared by the President--funds not distributed by 
the end of the fiscal year will be distributed to the States 
under the formula.
    Also, States must consider the geographical distribution of 
older individuals, the incidence of the need for services, the 
distribution of older individuals who have the greatest 
economic or social need, the distribution of resources 
available to provide such services, the boundaries of existing 
areas within the State, and any other relevant factors when 
dividing the State into planning and service areas. Whenever a 
federally recognized Indian reservation is denied designation 
as a planning and service area, the Indian tribe may appeal the 
decision of the State to the Assistant Secretary who may order 
the State to designate the Indian reservation as a planning and 
service area. More detailed State reporting requirements were 
incorporated.
    In response to concerns raised about potential restrictions 
on the appropriation of funds, all authorizing levels were 
changed to ``such sums.''

                      Introduction of Legislation

    The OAA reauthorization bill was introduced on March 26, 
1996 by Senator Gregg and Senator Kassebaum. The introduced 
legislation included the draft provisions as amended by the 
changes listed above. The bill, S. 1643, may be cited as the 
``Older Americans Act Amendments of 1996.''

                            Committee Action

    The committee completed action on this over the course of 
two executive sessions held on May 1 and 8, 1996. Seven 
amendments were considered during the consideration of S. 1643, 
with three amendments being adopted, and the legislation as 
amended was favorably reported by a roll call vote of 9 yeas to 
7 nays.

A. Amendment modified and accepted during the executive sessions

    One amendment was modified and accepted during the 
executive sessions:
    1. Senator Simon offered an amendment to restore a number 
of references to giving priority for services to minority 
populations. The amendment was modified and accepted. The 
provisions included expand the application of the definition of 
``greatest social need'' which specifically incorporates 
``cultural, social, or geographical isolation, including 
isolation caused by racial or ethnic status'' and ``greatest 
economic need'' which is defined as ``need resulting from an 
income level at or below the poverty line.''

B. Rollcall votes taken during the executive sessions

    Six amendments were offered and rollcall votes were taken. 
Two of these amendments passed and were adopted.
    1. At the May 1 executive session, Senator Mikulski offered 
an amendment regarding the Senior Community Service and 
Employment Program (SCSEP). Under the amendment, 75 percent of 
SCSEP funds in 1997 (decreasing to 65 percent by 1999 through 
2001) would continue to be provided by the Federal Government 
directly to national organizations. National organizations to 
receive funds would be selected through a competitive process; 
national organizations having ``demonstrated effectiveness in 
providing community service employment'' would be granted 50 
percent of the points on any rating scale employed in the 
competitive process. States could carry out SCSEP projects with 
funds remaining. The amendment would require that 75 percent of 
program funds be used for wages and fringe benefits, with a 13 
percent cap on administrative costs. The Assistant Secretary 
could waive the administrative cap in ``appropriate cases;'' no 
criteria for what constitutes ``appropriate cases'' are 
specified. States would have to limit the number of agreements 
that they enter into, but the amendment would not limit the 
number of national organizations that could operate in a State. 
The amendment would also provide for the Secretary of Health 
and Human Services to issue performance standards for States 
and national organizations and impose related reporting 
requirements and penalties. The amendment failed by a roll call 
vote of 7 yeas to 9 nays.
        YEAS                          NAYS
Kennedy                             Kassebaum
Pell                                Jeffords
Dodd                                Coats
Simon                               Gregg
Harkin                              Frist
Mikulski                            DeWine
Wellstone                           Ashcroft
                                    Gorton
                                    Faircloth

    2. On May 1, Senator Ashcroft offered an amendment which 
would clarify that States may create voucher systems or 
contract with charitable and religious organizations to deliver 
program services. The amendment would allow religious 
organizations providing services to maintain their religious 
character while ensuring that beneficiaries are not 
discriminated against in the delivery of program services and 
must be allowed to receive services from a nonreligious 
provider if they desire. This amendment passed by a roll call 
vote of 8 yeas, 7 nays, and one present vote.
        YEAS                          NAYS
Kassebaum                           Kennedy
Coats                               Pell
Gregg                               Dodd
Frist                               Simon
DeWine                              Harkin
Ashcroft                            Mikulski
Gorton                              Wellstone
Faircloth

    Present: Jeffords.

    3. On May 1, Senator Wellstone offered an amendment that 
would mandate that States expend a minimum of 95 percent of the 
amount they spent on legal assistance services in the past. The 
amendment failed by a roll call vote of 7 yeas and 9 nays.
        YEAS                          NAYS
Kennedy                             Kassebaum
Pell                                Jeffords
Dodd                                Coats
Simon                               Gregg
Harkin                              Frist
Mikulski                            DeWine
Wellstone                           Ashcroft
                                    Gorton
                                    Faircloth

    4. On May 1, Senator Wellstone, on behalf of Senator 
Kennedy, offered an amendment that would make elder abuse 
programs a State-planning mandate and that States must expend a 
minimum of 95 percent of the amount they spent on elder abuse 
prevention services in the past. The amendment failed by a roll 
call vote of 7 yeas and 9 nays.
        YEAS                          NAYS
Kennedy                             Kassebaum
Pell                                Jeffords
Dodd                                Coats
Simon                               Gregg
Harkin                              Frist
Mikulski                            DeWine
Wellstone                           Ashcroft
                                    Gorton
                                    Faircloth

    5. At the May 8 executive session, Senator Coats offered an 
amendment to the supportive and nutrition services funding 
formula. The amendment gives weight to various age cohorts, a 
measure found to indicate the portion of the ``elderly in-
need'' (EIN), and the State revenue base, measured by the 
relative total taxable resources compared to their relative 
EIN. The amendment passed by a vote of 12 yeas and 4 nays.
        YEAS                          NAYS
Kassebaum                           Kennedy
Jeffords                            Dodd
Coats                               Simon
Gregg                               Mikulski
Frist
DeWine
Ashcroft
Gorton
Faircloth
Pell
Harkin
Wellstone

    6. On May 8, Senator Mikulski offered an amendment on the 
supportive and nutrition services funding formula, restoring 
current law but updating the hold harmless requirements from 
1987 to 1996. This amendment would have distributed 100 percent 
of the current level of appropriations under the hold harmless. 
This amendment failed on a roll call vote of 5 yeas and 11 
nays.
        YEAS                          NAYS
Kennedy                             Kassebaum
Pell                                Jeffords
Dodd                                Coats
Simon                               Gregg
Mikulski                            Frist
                                    DeWine
                                    Ashcroft
                                    Gorton
                                    Faircloth
                                    Harkin
                                    Wellstone

        III. Explanation of the Legislation and Committee Views

    The Older Americans Act provides funding to the network of 
State and local agencies and providers which advocate, 
coordinate, and deliver services to our rapidly aging 
population. The act is based on the concept of partnership 
between the providers and participants, providers and the local 
community, and local communities and the State. This 
reauthorization strives to build upon the foundation of the 
legislation and improve the programs so that they will move 
forward into the 21st century.

                            NATIONAL PURPOSE

    The purpose of this act is to support and promote the 
efforts of older Americans to live independently in their own 
homes and as part of their local communities. The bill intends 
that public funding and private contributions should expand 
programs incorporated in the act including supportive services 
and enhancing nutrition programs. The core objectives of this 
legislation focus on the goals of self-care by older persons, 
eliminating social and economic barriers, encouraging a range 
of care options, and supporting seniors' ability to support 
themselves financially through employment opportunities.

         RESTRUCTURING THE ACT WHILE PRESERVING CORE FUNCTIONS

    The committee bill has restructured the act according to 
the key components of the network on aging in four titles: 
Title I, core objectives of the act and responsibilities of the 
Administration on Aging (AOA); Title II, functions and 
responsibilities of State programs on aging; Title III, 
functions and responsibilities of local programs on aging; and 
Title IV, functions and responsibilities of Native American 
programs on aging. Current law contains 20 separate 
authorizations of appropriations. S. 1643 reduces these to nine 
separate authorizations of appropriations. The committee 
believes that reducing the number of programs will simplify 
State and area agency on aging operations and will eliminate 
unnecessary administrative burdens. In addition, the bill 
reduces Federal requirements for State and area agencies on 
aging in order to provide these agencies with maximum 
flexibility and to be responsive to the concerns about 
increased responsibilities in recent years without 
corresponding increases in funding.
    At the same time, however, the committee has recognized 
that it is critical to retain as part of the act the core 
functions of State and area agencies on aging. Therefore, the 
bill preserves the functions of State and area agencies, making 
them responsible for the planning of, coordination of, and 
advocacy for programs and services for older persons. These 
functions have been essential responsibilities of the aging 
network since its creation, and the committee intends that the 
network continue to focus on these activities. The bill 
continues to require that State agencies on aging be 
responsible for planning, policy development, coordination, 
priority setting, and evaluation of activities related to the 
act's authorized programs. In addition, the bill requires that 
both State and area agencies serve as effective and visible 
advocates for older persons by reviewing and commenting on 
policies that affect them at the State and community levels.

                   coordination of program resources

    As noted, the committee intends that the aging network will 
continue to emphasize its traditional role of coordination of 
resources on behalf of older persons while expanding efforts to 
work closely and in cooperation with other adult services in 
the State, such as the title XX social services block grant 
program, protection and advocacy activities for persons with 
disabilities, and adult protective services program. Increased 
coordination with programs such as Medicaid can only benefit 
our seniors. The State planning process provides assurances 
that the State will make demonstrable efforts to continue its 
role in coordination of services. This is especially critical 
in this era of dwindling resources.
    The committee recognizes the importance of the development 
of a coordinated public transportation system to maximize the 
efficient and effective mobility of older persons and others 
most in need of assistance. It is the committee's understanding 
that outreach and coordination efforts have begun between 
certain transportation providers which serve the disabled and 
aging communities. The committee encourages these efforts to 
continue and expand and encourages States to become involved in 
such efforts through communication with Metropolitan Planning 
Organizations (MPOs) and other transportation planning entities 
within each State.

               nutrition and supportive service programs

    The committee recognizes that malnutrition in our elderly 
population is a national problem and understands the importance 
of the nutrition and supportive services authorized under the 
act. A paper issued by the American Academy of Family 
Physicians, the American Dietetic Association, and the National 
Council on the Aging, Inc., points out that: ``Older Americans, 
due to many environmental, social, economic and physical 
changes of aging, are at disproportionate risk of poor 
nutrition that can adversely affect their health and 
vitality.'' The project goes on to note that, ``Nutrition-
related health problems cause considerable dysfunction and 
disability, decreased quality of life, and in many cases, 
increased morbidity and mortality. Malnourished older Americans 
get more infections and diseases; their injuries take longer to 
heal; surgery on them is riskier; and their hospital stays are 
longer and more expensive.''
    The committee has retained separate authorizations of 
appropriations for the supportive and nutrition services 
programs, but has added various provisions that give maximum 
flexibility to States and area agencies on aging in the 
operation of these programs. First, the committee has increased 
the authority of States to transfer funds between supportive 
and nutrition services. Under the bill, States are allowed to 
transfer up to 25 percent of their separately allotted funds 
for supportive and nutrition services between these two 
allotments. If a State can justify the need for additional 
transfer authority, it may request a waiver from the Assistant 
Secretary for Aging to transfer an additional 25 percent of 
funds between these allotments. In addition, the bill allows a 
State to delegate this transfer authority to area agencies on 
aging.
    The committee has also eliminated separate authorizations 
of appropriations for the congregate and home-delivered 
nutrition programs. Recent trends in the nutrition services 
program indicate that funding for the two separate programs 
have become very closely aligned. The committee notes that home 
delivered meals now represent almost half of all meals served. 
In fiscal year 1980, home-delivered meals represented only 22 
percent of all meals served; in fiscal year 1994, they 
represented 45 percent of all meals served. The increase has 
occurred as a result of increased funding for the home-
delivered nutrition program as well as State efforts to meet 
the needs of the frail elderly living in their own homes. In 
addition, the committee notes that States frequently transfer 
funds from the congregate nutrition program to the home-
delivered program. In fiscal year 1995, for example, 47 States 
transferred funds in this way. In view of these factors, the 
committee believes that there is no longer any need to have an 
artificial barrier between these programs. However, the bill 
does require States and area agencies on aging to assure that, 
in determining the need for nutrition services, they give 
appropriate consideration to the need for both congregate and 
home-delivered nutrition services.
    Current law also authorizes an appropriation for a 
complementary nutrition assistance program administered by the 
U.S. Department of Agriculture (USDA). Resources appropriated 
to this program are distributed to States under a prescribed 
per meal reimbursement rate either in the form of cash or 
commodities. Most States opt for cash reimbursement; in fiscal 
year 1995, close to 97 percent of the funds appropriated were 
distributed in the form of cash. While the committee is 
supportive of the transfer of the administration of the USDA 
program to AOA, as suggested by the Administration, the 
committee wants an assurance from the appropriators that the 
program will continue to be funded. Until this assurance is 
obtained, however, the committee will not change the Federal 
administration of the program.
    In other efforts to provide more flexibility to States and 
to reduce the number of programs, the committee has 
consolidated funding authorities that are now contained in the 
title VII provisions of the act into an expanded supportive 
services program. Separate authorizations of appropriations for 
outreach, counseling, and assistance for insurance and public 
benefits and for legal assistance are consolidated into the 
supportive services program. At the same time, the bill 
continues to require that States provide emphasis to these 
services. The bill requires State agencies to assure that each 
area agency expend a specific percentage of its supportive 
services and centers funds, as determined by the State, for 
legal assistance. Similarly, State agencies are required to 
assure that each area agency carry out a program for outreach, 
counseling, and assistance for older persons to obtain 
insurance and public benefits, and the area agency must expend 
a specific percentage of its supportive services and centers 
funds, as determined by the State, for these services.
    The committee has retained the current law requirement 
allowing States the discretion to fund programs for the 
prevention of elder abuse, neglect, and exploitation under the 
supportive services program. Because a major share of support 
for State adult protective services programs comes from sources 
other than the act, the committee has left to State agencies on 
aging the decision as to whether they will provide for elder 
abuse, neglect, and exploitation programs. However, the bill 
requires that when State agencies choose to use supportive 
services funding for this purpose, they stipulate how much each 
area agency must expend for this service from funds allotted 
for supportive services.

                              COST SHARING

    S. 1643 provides clear authority to States permitting them 
to institute cost-sharing programs on a sliding scale for all 
services delivered under the act except information and 
assistance, outreach, benefits counseling, case management, the 
long-term care ombudsman program, and other protective 
services. The limited voluntary contribution policy in current 
law has proven to be a valuable asset in expanding the dollars 
that are available to serve our older population, allowing 
either more seniors to be served or a greater number of 
services to be offered to those in need.
    However, it must be noted that these cost-sharing 
provisions also state that older individuals may not be denied 
a service because they either are unable or unwilling to 
participate in a cost-sharing arrangement. A specific 
prohibition is included on imposing cost-sharing requirements 
on persons with an income lower than 150 percent of the Federal 
poverty level. The cost-sharing provisions are to be based on 
an individual's self-declaration of income. While the bill 
continues to permit seniors to make voluntary contributions as 
well, this State flexibility will add a new dimension to 
services delivered under the act, especially the nutrition 
programs which function as a vital lifeline to seniors around 
the country. This option for States will allow them to choose 
how they can best reach out and meet the needs of all those 
older persons who require this assistance, whether it be for 
social, physical, or economic reasons.
    Expansion of cost sharing has long been encouraged by many 
States as well as local level providers. Not only will these 
provisions encourage more contributions, which then can be 
parlayed into more services, but this authority will permit 
States to further coordinate programs at the State level that 
have such requirements. A 1989 GAO report (In-Home Services for 
the Elderly, Cost Sharing Expands Range of Services Provided 
and Population Served) found that 36 States had mandatory cost 
sharing for a variety of aging-related social services. This 
report recommended that the act be amended to specifically 
authorize mandatory cost sharing for in-home services, with 
certain exceptions.
    In 1990, the Inspector General of Health and Human Services 
released a report (Cost Sharing for Older Americans) stating 
that 40 States had mandatory and/or voluntary cost sharing for 
State-supported social service programs and finding that cost 
sharing was widely viewed as a positive factor. A 1991 report 
issued by the House Select Committee on Aging (Cost Sharing for 
the Elderly: A Survey of Current Incidence and Practice) found 
24 States had mandatory cost sharing, most often applied to in-
home services. The greatest advantage to cost sharing that was 
cited was the ability to expand services delivered; the 
greatest negative was the administrative burden associated with 
fee collection.
    Witnesses before the Subcommittee on Aging testified that 
the current environment of growing need and greater 
restrictions on the availability of public funding translates 
into stronger support than ever for expanded cost-sharing 
authority. These individuals have the opportunity on a daily 
basis to see how such funds supplement the limited program 
dollars, how more seniors can be served, and how making a 
contribution toward the cost of the service means more of our 
older Americans can maintain their pride and dignity while 
receiving the help they may need. The committee wants to 
emphasize that it recognizes that the individuals who need the 
assistance of services provided under this act do not always 
need the help because of personal financial pressures. This is 
not a ``welfare'' bill in the economic sense. This act is 
designed to contribute to the welfare--the well-being--of our 
aging population.

                 STATE LONG-TERM CARE OMBUDSMAN PROGRAM

    In view of the important role that the State Long-Term Care 
Ombudsman Program plays on behalf of the frail elderly in long-
term care facilities and as part of the aging network, the 
committee has retained a separate authorization of 
appropriations for this program under subtitle B of title II. 
The committee intends that partial funding to support the 
program continue to be appropriated under this separate 
authorization. However, because the committee recognizes that 
most of the act's funding for ombudsman services comes from the 
supportive services and centers program, the bill also 
authorizes services provided through the State long-term care 
ombudsman program under the title III supportive services 
program. The committee does not intend that the separate 
authorization of appropriations under subtitle B will in any 
way limit State decisions to fund this program from funds made 
available under the supportive services program.
    The bill retains the current law requirement that in order 
to be eligible for funds, a State must establish and operate an 
Office of the State Long-Term Care Ombudsman and that it be 
headed by an Ombudsman who will serve on a full-time basis. In 
addition, the committee has retained key components of the 
program that are part of current law. These include 
requirements that long-term care facility residents have 
regular and timely access to ombudsman services and that they 
receive timely responses to complaints. It also requires that 
the State ensure that program representatives have access to 
facilities, residents, and resident medical and social records 
(with consent of the resident or his or her legal 
representative), and licensing and certification records of the 
State, among other documents. The bill also retains current-law 
requirements that the State agency ensure that there is no 
conflict of interest in the designation of the Ombudsman and 
that adequate legal counsel is available to protect the 
Ombudsman in the performance of official duties. The State is 
required to assure that interference with the performance of 
official duties of the Ombudsman is unlawful and to prohibit 
retaliation by long-term care facilities when a complaint is 
filed. In addition, authority for the State Ombudsman to 
designate an entity as a local ombudsman is retained.
    The committee would like to emphasize that coordination of 
ombudsman services needs to be recognized as an important 
component of this program. State Ombudsmen should coordinate 
their efforts with those of other State agencies, such as State 
licensing and certification agencies that assess nursing 
facilities and health care personnel, as well as State Medicaid 
offices, to avoid duplication of investigatory duties. The 
committee hopes that this will also lead to a sharing of 
expertise, especially in light of the large volunteer force 
employed by the ombudsman program. The committee also hopes 
that the Ombudsmen will strive to maintain the quality and 
integrity of this program in their services as advocates in 
matters which may adversely affect the well-being of seniors 
residing in long-term care facilities.

                   RESEARCH AND DEMONSTRATION GRANTS

    In an effort to preserve the aspects of this program that 
are producing the best innovations on ways to effectively 
deliver services under the act, the committee retained a 
separate line item for research and demonstration grants. This 
line item was not funded by the appropriators in fiscal year 
1996, and the committee understands the need to maximize 
resources and make reasonable reductions in Federal spending. 
The committee hopes that appropriate funding will be restored 
to this important program; the legislation ensures that the 
funds will be spent on projects designed to bolster the 
services identified as appropriate by this act.

              SENIOR COMMUNITY SERVICE EMPLOYMENT PROGRAM

    As it is the intent of the committee to institute the 
reform of the Senior Community Service Employment Program 
(SCSEP) in program year 1996, which began July 1, 1996, and the 
rest of the reauthorization reforms at the beginning of fiscal 
year 1997, which begins October 1, 1996, the first section of 
S. 1643 should be read as an amendment to title V of current 
law. The systemic reform of the OAA through its reauthorization 
begins with title I of this legislation. (The SCSEP reform 
provisions will be discussed in detail later in this report.)
    We agree wholeheartedly with the intent behind programs 
such as SCSEP to serve the employment and training needs of 
older workers. Older workers have a strong voice at the State 
and local levels in ensuring that their needs are met, and we 
expect that governors and local elected officials will be 
responsive to those needs. In addition, we believe that by 
giving States the flexibility they are seeking for reform, and 
by eliminating Federal overhead, more resources will be 
available to States for serving older workers. However, the 
committee also concurs with the GAO that it is critical that 
program administration be streamlined and that these funds be 
directed into services that will more effectively address the 
needs of seniors.
    Under the committee bill, the SCSEP program remains a 
distinct component of the act, with a specific authorization of 
appropriations. The Federal administration of the program is 
moved from the Department of Labor (DOL) to the AOA. However, 
in the context of the broader coordination of programs under 
the act, a separate title for SCSEP has been eliminated. 
Instead the program is incorporated into the bill's State 
programs. It is the intent of the committee to improve this 
program by allowing it to be run by entities much closer to 
their constituencies than the current Washington-based 
structure headed by DOL. All funds will be distributed directly 
to the States, rather than continuing the practice of giving 
the majority of the funds to 10 select organizations. States 
will then have the authority to competitively award funding to 
a variety of types of organizations, including public or 
private nonprofits, area agencies on aging, tribal 
organizations, or political subdivisions of the States, to run 
the SCSEP services within that State. The State may choose how 
to structure the program to best meet the diversity of needs 
that may exist within their population.
    The issues driving this change to the SCSEP program were 
brought to light by two GAO reports. A February 1994 report 
(Department of Labor: Noncompetitive, Discretionary Grants) 
discussed the use of the DOL Procurement Review Board (PRB), 
which functions as a central review point for all grant awards 
above $25,000. The report also noted that DOL has a requirement 
in the case of sole-source grants that program officials and 
agency heads disclose any relationships they may have with 
potential grant recipients. In their response to the draft 
report in October 1993, DOL itself points out that the SCSEP 
program is exempt from the normal departmental procedures 
applied to all other similar grants.
    Responding to further congressional concern about this 
program, GAO issued a second report in November 1995 
(Department of Labor: Senior Community Service Employment 
Program Delivery Could Be Improved Through Legislative and 
Administrative Actions) that examined SCSEP carefully and made 
a number of recommendations on how the program could be 
improved under the act. This report is the basis for many 
changes in the reauthorization.
    One of the central issues addressed by this bill is the 
spending priorities of grant recipients running employment 
programs for our older workers. Presently, DOL regulations 
require that only 75 percent of these funds be expended on 
enrollee wages and fringe benefits. The act specifically limits 
the use of Federal funds for administering programs at 13.5 
percent; program sponsors are permitted to apply for a waiver 
to spend up to 15 percent. The remaining 10 percent is 
generally spent on other enrollee costs (OEC), which may 
include items such as physical examinations, transportation, 
counseling, the purchase of incidental items necessary for the 
enrollees' participation, and job training costs.
    The committee believes that a greater share of the program 
funds must be returned to the program participants, rather than 
spent by organizations for administrative expenditures. 
Therefore, the bill requires that no more than 10 percent of 
program funds distributed to a State be spent on administration 
(15 percent in small States), directing more funds into wages 
and fringe benefits for those older persons who are working in 
SCSEP jobs. This will expand services to seniors. States like 
Maryland have proven that spending Federal funds on the 
administration of the SCSEP programs is not the way to maximize 
these limited dollars; they spend minimal Federal funds on 
administering their State program, choosing to supplement SCSEP 
funds with State revenue.
    In addition to administrative expenditures, the bill 
addresses the use of Federal funds for OEC. The bill defines 
the items that can be classified as OEC and those that qualify 
as administrative expenses, to end any confusion or ambiguity 
that may exist on the part of current, or new, program 
sponsors. These definitions are based on 1976 final regulations 
issued by the DOL. The bill, again, emphasizes that the 
priority for Federal funds being expended under this program 
must be on wages and fringe benefits; OEC expenses, combined 
with administrative expenditures, may not consume more than 20 
percent of the total SCSEP grant. Waivers, however, may be 
granted to increase the amount expended on OEC by an additional 
5 percent if the State or sponsor running the program 
demonstrated a 30 percent or higher transition rate into 
unsubsidized employment the previous year.
    The committee recognizes that training of senior citizens 
for potential private sector employment is an important 
function of the Senior Community Service Employment Program. 
Furthermore, training and then private sector job placement 
should be viewed as a way to expand opportunities for seniors 
to participate in the SCSEP program. Toward that goal, the 
committee has made a greater percentage of program dollars 
available for training through the waiver for additional OEC 
expenditures in situations where training and private sector 
job placement prove to be the expertise of the SCSEP program 
sponsor.
    The bill also defines a standardized measure for a 
``successful'' transition into an unsubsidized placement by a 
program enrollee. Each of the current 10 national 
organizations, as well as the States, has in the past chosen to 
define this measure differently. DOL issued a directive for the 
1995 program year defining unsubsidized placement, which all 
program sponsors have been asked to follow. This definition has 
been codified in this bill.
    The bill's SCSEP provisions also contain an amendment which 
encourages program sponsors to spend a portion of their funds 
on carrying out agreements with private businesses. This 
provision is modeled on a similar provision in current law. The 
bill permits States to expend up to 5 percent of their total 
distribution on such agreements; these agreements would be 
funded by a 50/50 split between Federal funds and either State 
or private funds. This provides an opportunity for more 
participants to transition into private sector jobs and further 
emphasizes the committee's desire to promote public/private 
partnerships that will support the effort to keep our senior 
citizens independent and self-sufficient.

                        NATIVE AMERICAN PROGRAMS

    The committee has retained a separate title for programs 
for Native Americans because of the unique status of Native 
Americans. The bill has modified the provision in current law 
that sets aside funds for Native Hawaiian organizations in 
efforts to reduce the number of separate programs under the 
act. Grants continue to be made by the Assistant Secretary, but 
under a streamlined administrative process.

                      INTERSTATE FUNDING FORMULAS

    As is often the case with any changes in Federal law 
regarding funding formulas, the interstate funding formulas 
proposed in this legislation have been the subject of a great 
deal of controversy. It has been the intention of the committee 
throughout the process to ensure that the formulas in this bill 
are designed to accomplish several things: to distribute the 
funds in the fairest manner possible, based on actual, rather 
than perceived, need; to incorporate recommendations that have 
been made by respected entities, such as the GAO, following 
careful study of the factors involved; and to include factors 
which guarantee that the distributions are being calculated by 
AOA on the most current data available. The committee 
understands that the lack of funding equity that has occurred 
has been a result of the ``hold harmless'' provisions that have 
been included in the law over the years.

Nutrition and supportive services

    The formula incorporated into the bill by amendment gives 
weight to various age cohorts, a measure found to indicate the 
portion of the ``elderly in-need'' (EIN), and the State revenue 
base, measured by the relative total taxable resources compared 
to their relative EIN. The EIN is calculated by multiplying the 
60+ population by a weight of .65, then giving additional 
weight to older age groups: 70-74 at .03; 75-79 at .08; 80-84 
at .09; and 85+ at .15. The EIN then is compared to a State's 
relative total taxable resources, so that States with a lower 
resource base would receive a higher allotment. The formula 
includes a Federal floor and ceiling, and restrictions on 
annual gains of 3.75 percent or losses of 4 percent. The 
formula retains the small-State minimum requirements. The 
formula is based on recommendations made by the GAO in two 1994 
reports (Older Americans Act: Title III Funds Not Distributed 
According to Statute, Jan. 94, and Older Americans Act: Funding 
Formula Could Better Reflect State Needs, May 94.)

Senior Community Service Employment Program

    The SCSEP formula in the bill is designed to address the 
current inequities that exist in the distribution of funds 
among States due, in a large part, to the 1978 ``hold 
harmless'' that prevents an equitable distribution of funds 
among States on the basis of actual, current levels of need. 
The bill eliminates the 1978 calculation that consistently 
results in some States being overserved and others underserved, 
and bases the distribution of funds solely on each States' 
relative share of the 55+ population and per capita income. The 
formula will be phased in over 5 years, and it retains the 
small-State minimum requirements.

                           AUTHORIZING LEVELS

    The draft bill originally circulated by the committee 
contained annual authorization levels for the first year of the 
reauthorization that were based upon the amounts originally 
approved by the Senate Committee on Appropriations for fiscal 
year 1996. In response to concerns expressed by members of the 
committee that the levels were too potentially restrictive on 
the programs of the act, and because of the lack of clarity as 
to what the final appropriations would be due to the numerous 
continuing resolutions that were enacted during the 104th 
Congress, the bill authorizes ``such sums as may be necessary'' 
for the restructured programs.
    It is the committee's understanding that the Congressional 
Budget Office (CBO) must base their cost estimates for the bill 
on historical spending rates coupled with estimations of the 
funds that would be necessary to provide services to the 
eligible and interested population. The committee once again 
emphasizes the expansive nature of the act. Participation is 
not limited to those in economic need; it is designed to 
support all older individuals, whether their needs are economic 
or social. The committee has expanded the ability to accept 
private contributions for services rendered under the act and 
has emphasized throughout its consideration of the 
reauthorization the importance of public/private partnerships 
on all levels of participation. We need to look at the act in 
terms of its total contribution, through both the appropriation 
of Federal funds and the authority to levy private dollars, 
toward meeting the needs that exist. The committee recognizes 
the assumptions made by the CBO and, at the same time, 
acknowledges the fiscal constraints facing the appropriators. 
The committee hopes that the appropriators will give the act 
fair and thoughtful consideration in determining appropriate 
funding levels for these very important programs which support 
our older Americans, especially those designed to meet our 
elders' daily needs in the form of nutrition and supportive 
service programs.

                     IV. Summary of the Legislation

 Amendment to the Older American Community Service Employment Act for 
                            Fiscal Year 1996

    This amendment sets forth requirements for the 
administration of the Older American Community Service 
Employment program for fiscal year 1996. It transfers 
responsibility for Federal administration of the program from 
the Department of Labor (DOL) to the Administration on Aging 
(AOA) in the Department of Health and Human Services (DHHS). It 
requires the Assistant Secretary of AOA to make grants to State 
and tribal organizations to provide part-time employment 
opportunities in community services to unemployed low-income 
older individuals who have poor employment prospects.
    The amendment sets forth conditions that State and tribal 
organizations must meet to receive funds and requires that no 
less than 90 percent of Federal funds be used for participant 
wages and fringe benefits, except in small States where no less 
than 85 percent of Federal funds be used. It sets a limitation 
on the amount of funds that may be used for administration (no 
more than 10 percent of Federal funds). It requires that State 
or tribal organizations award funds for the operation of the 
program to entities on a competitive basis. It also authorizes 
funds for fiscal year 1996.

Title I--General provisions

    Subtitle A of title I simplifies the purpose of the act and 
sets forth core objectives. It also consolidates definitions 
for all the act's titles.
    Subtitle B of title I establishes AOA in the Office of the 
Secretary of DHHS. It specifies that AOA is to be headed by an 
Assistant Secretary for Aging. It requires the Assistant 
Secretary to designate employees to be responsible for 
administration of various programs under the act and 
streamlines functions of the Assistant Secretary, including 
authority to make grants or award contracts for research, 
training, and demonstration activities. Subtitle B authorizes 
funds for fiscal years 1997-2001 for the administration of the 
act; and the national toll-free telephone line; research, 
training, and demonstration activities; and the National Center 
on Elder Abuse.
    Subtitle C of title I specifies formulas for allotment of 
funds for the State long-term care ombudsman program; the 
Senior Community Service Employment Program (SCSEP); and the 
supportive and nutrition services program. It also authorizes 
funds for the following service programs: State long-term care 
ombudsman; SCSEP; disease prevention and health promotion; 
supportive services and senior centers; and nutrition services. 
It also authorizes additional funds for nutrition services 
under the U.S. Department of Agriculture (USDA) and specifies 
that this assistance may be in the form of cash or commodities.

Title II--State programs on aging

    Subtitle A of title II sets forth conditions for States to 
receive funds and State plan requirements. It requires each 
State to develop a State plan to be approved by the Assistant 
Secretary and requires that States designate area agencies on 
aging for each planning and service area in the State. It 
specifies requirements for carrying out various service 
programs, including legal assistance; activities to prevent 
elder abuse, neglect, or exploitation; and outreach, counseling 
and assistance services.
    This subtitle also allows States to establish cost-sharing 
policies for older recipients of services. It sets the Federal 
matching percentage for administration at 85 percent. It also 
sets a limit on how much a State may transfer between its 
allotments for supportive and nutrition services.
    Subtitle B of title II authorizes grants for long-term care 
ombudsman services and requires that a State establish an 
Office of the State Long-Term Care Ombudsman. It sets forth the 
responsibilities of the Office and requires that the Ombudsman 
serve on a full-time basis.
    Subtitle C of title II requires the Assistant Secretary to 
make grants to States and tribal organizations to provide part-
time employment opportunities for unemployed low-income older 
individuals who have poor employment prospects. It sets forth 
conditions that State or tribal organizations must meet to 
receive funds and requires that no less than 90 percent of 
Federal funds be used for participant wages and fringe 
benefits, except in small States where no less than 85 percent 
of Federal funds be used. It sets a limitation on the amount of 
funds that may be used for administration (no more than 10 
percent of Federal funds). It requires that State or tribal 
organizations award funds for the operation of the program to 
entities on a competitive basis. It also transfers 
responsibility for Federal administration of the program from 
DOL to AOA.
    Subtitle D of title II establishes authority for the 
Assistant Secretary to make grants to States for disease 
prevention and health promotion services and sets forth 
requirements for the award of funds within the State.

Title III--Local programs on aging

    Subtitle A of title III sets forth characteristics of 
agencies that may be designated as area agencies and requires 
that an area plan on aging be submitted to the State agency on 
aging. It also sets forth area plan requirements, including 
that the plan provide supportive and nutrition services as part 
of a comprehensive and coordinated service system.
    It allows a State to administer and provide services 
through grants or contracts with charitable, religious or 
private organizations and specifies the conditions under which 
organizations are eligible to receive assistance.
    Subtitle B of title III authorizes the Assistant Secretary 
to make grants for supportive services and defines these 
services. Subtitle C authorizes the Assistant Secretary to make 
grants for nutrition services and consolidates the congregate 
and home-delivered nutrition services programs.

Title IV--Native American programs on aging

    This title authorizes the Assistant Secretary to make 
grants to Indian tribal organizations, Alaska Native 
organizations, and Native Hawaiian organizations. It sets forth 
requirements that these organizations must meet in order to 
receive funds and requirements for grant applications. It 
authorizes funds for this purpose for fiscal years 1997-2001.

                            V. Cost Estimate

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, July 24, 1996.
Hon. Nancy Landon Kassebaum,
Chairman, Committee on Labor and Human Resources,
U.S. Senate, Washington, DC.
    Dear Madam Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 1643, the Older 
Americans Amendments of 1996, as reported by the Committee on 
Labor and Human Resources on May 8, 1996.
    Enactment of S. 1643 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.
            Sincerely,
                                         June E. O'Neill, Director.
    Enclosure.

               congressional budget office cost estimate

    1. Bill number: S. 1643.
    2. Bill title: The Older Americans Amendments of 1996.
    3. Bill status: As ordered reported by the Senate Committee 
on Labor and Human Resources on May 8, 1996.
    4. Bill purpose: The bill would reauthorize programs funded 
under the Older Americans Act of 1965, including federal 
administration, long-term care ombudsman programs, supportive 
services, senior centers, nutrition services, and grants to 
Native Americans. The bill also would transfer authority for 
operating the Community Service for Older Americans program to 
the Administration on Aging in the Department of Health and 
Human Services, and would create a funding stream for disease 
prevention and health promotion services for the elderly.
    5. Estimated cost to the Federal Government: S. 1643 would 
authorize such sums as may be necessary for most programs from 
fiscal year 1997 through fiscal year 2001. The bill also would 
authorize $157 million to be transferred from the Department of 
Agriculture to the Department of Health and Human Services for 
the purpose of subsidizing the cost of nutrition programs. 
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 S. 1643                                
                                    [By fiscal year, in millions of dollars]                                    
----------------------------------------------------------------------------------------------------------------
                                                              1996     1997     1998     1999     2000     2001 
----------------------------------------------------------------------------------------------------------------
                                                                                                                
   AUTHORIZATIONS OF APPROPRIATIONS WITH ADJUSTMENTS FOR                                                        
                         INFLATION                                                                              
                                                                                                                
Spending under current law:                                                                                     
    Budget authority......................................    1,406        0        0        0        0        0
    Estimated outlays.....................................    1,467      545       52        0        0        0
Proposed changes:                                                                                               
    Authorizations of appropriations......................  .......    3,110    3,203    3,291    3,382    3,475
    Estimated outlays.....................................  .......    1,973    2,892    3,250    3,340    3,431
Spending under S. 1643:                                                                                         
    Authorizations of appropriations......................    1,406    3,110    3,203    3,291    3,382    3,475
    Estimated outlays.....................................    1,467    2,518    2,944    3,250    3,340    3,431
                                                                                                                
 AUTHORIZATIONS OF APPROPRIATIONS WITHOUT ADJUSTMENTS FOR                                                       
                         INFLATION                                                                              
                                                                                                                
Spending under current law:                                                                                     
    Budget authority......................................    1,406        0        0        0        0        0
    Estimated outlays.....................................    1,467      545       52        0        0        0
Proposed changes:                                                                                               
    Authorizations of appropriations......................  .......    3,110    3,110    3,110    3,110    3,110
    Estimated outlays.....................................  .......    1,973    2,835    3,110    3,110    3,110
Spending under S. 1643:                                                                                         
    Authorizations of appropriations......................    1,406    3,110    3,110    3,110    3,110    3,110
    Estimated outlays.....................................    1,467    2,518    2,887    3,110    3,110    3,110
----------------------------------------------------------------------------------------------------------------


    The costs of this bill would fall within budget function 
500.
    6. Basis of estimate: Spending under S. 1643 would be 
subject to the availability of appropriated funds. Estimated 
outlays are based on the historical spending patterns of 
programs authorized under the Old Americans Act of 1965.
    S. 1643 would authorize appropriations for fiscal years 
1997 through 2001 for programs under the Older Americans Act. 
In general, the programs are authorized at such sums as may be 
necessary for fiscal years 1997-2001. When the authorization 
amount is not specified, CBO estimates the amount necessary to 
fund the programs at levels that would allow the eligible and 
interested population to participate. For only one program--the 
meal subsidy program funded by the Department of Agriculture--
S. 1643 would authorize a specific amount for 1997, and such 
sums as may be necessary for 1998 through 2001. Tables 2 and 3 
show the estimated authorizations under two scenarios. Under 
the first scenario, the amount estimated for 1997 is adjusted 
for projected inflation thereafter. Under the second scenario, 
the projected authorization level is assumed to be equal to the 
amount estimated to be necessary for 1997. Estimated outlays 
assume full appropriation of the amounts authorized.

Title I: Administrative expenses

    Title I would authorize an Administration on Aging to carry 
out programs authorized under the Older Americans Act. In 
addition, Title I would authorize a toll-free service for 
seniors to use to locate needed services in their area, a 
Center for Elder Abuse, and grants and contracts for research 
and demonstration projects that involve innovative approaches 
and best practices in services for seniors. CBO estimates that 
authorizations for these programs would remain at currently 
appropriated levels, with the exception of the research and 
demonstration projects. Research and demonstration projects 
received funding of $27 million in fiscal year 1995 and $3 
million in 1996. CBO estimates that $15 million would be 
authorized for fiscal year 1997, based on average 
appropriations in the past two years. Total estimated 
authorizations for Title I are $35 million for fiscal year 
1997, and $192 million for fiscal years 1997-2001.

Title II: State programs

    Title II of the bill would authorize grants to states for 
up to 85 percent of the costs of operating long-term care 
ombudsman, senior community service employment, and disease 
prevention and health promotion programs. CBO estimates 
authorizations for state programs at $835 million for fiscal 
year 1997, and a total of $4.4 billion over fiscal years 1997-
2001. State program funding is detailed below.
    Title II-B would establish state long-term care ombudsman 
programs. CBO assumed that these grants would provide each 
state with funds to support one state ombudsman and minor 
administratives expenses. In addition, CBO estimated the cost 
of providing local ombudsman representatives at the ratio 
currently recommended by the Institute of Medicine (one full 
time ombudsman per 2,000 long term care beds). Estimated 
authorizations of appropriations necessary for this type of 
program are $45 million for fiscal year 1997, and $241 million, 
if inflation is taken into account, over fiscal years 1997-
2001.
    Under Title II-C, the bill would transfer operation of the 
Senior Community Service Employment program from the Department 
of Labor to the Administration on Aging. Additionally, the bill 
would change the way in which funds for the program currently 
are distributed. Under current law, the majority of grants for 
this program are given to non-profit organizations. The bill 
would allocate all of the grants to states, which would make 
grants to other organizations for the purposes of providing 
low-income seniors with paid, part-time community service 
employment opportunities. The bill would define low-income 
seniors as those individuals 55 years and older who have income 
below 125 percent of the poverty rate, with special attention 
to be given to those individuals with poor employment 
prospects. Using 1994 income data and poverty guidelines, CBO 
estimates that about 9 million seniors would be eligible for 
this subsidized employment program. However, only about 3.3 
percent of this eligible population is estimated to have been 
looking for work in that year. If positions were to be made 
available to all seniors who qualify and are seeking 
employment, $1.5 billion annually would be needed. However, 
participation in such programs is always less than the total 
eligible population. If future participants in the Senior 
Community Service Employment program were to exhibit similar 
characteristics to current participants, an estiamted 50 
percent of those eligible would participate. Accordingly, $755 
million would need to be authorized for fiscal year 1997, and 
about $4 billion for fiscal years 1997-2001.
    The bill would provide grants to states for the operation 
of disease prevention and health promotion programs under Title 
II-D. CBO estimates that authorizations of $35 million would be 
needed in fiscal year 1997 for disease prevention programs. In 
deriving this estimate, CBO used the average cost per person of 
providing an annual disease prevention screening as a proxy for 
the per person expense for this subtitle. Participation was 
estimated at 1 percent of seniors, based on current 
participation in health promotion and disease prevention 
programs.

Title III: Local programs

    Title III of the bill would authorize grants for supportive 
services and senior centers, as well as grants to operate 
nutrition programs. CBO estimates a total of $2.2 billion would 
be authorized for local aging programs for fiscal year 1997.
    Title III-B would authorize grants to states for the 
provision of supportive services to be passed through to area 
agencies on aging. Portions of the funds authorized under Title 
III-B could be used for conducting ombudsman programs, and 
could be transferred to nutrition programs at a state's 
discretion. In estimating the amount to be authorized under 
this subtitle, CBO took into account the various types of 
services that could be provided, the average per person cost 
for each service, and historical participation rates, as well 
as potential participation rates as estimated by service 
providers. CBO estimates that $795 million would be authorized 
for fiscal year 1997 under Title III-B.
    Nutrition programs for the elderly are authorized under 
Title III-C. Under current law, nutrition programs are split 
into two categories: congregate meals and home-delivered meals. 
S. 1643 would combine these two programs under one funding 
stream. Currently, about 3 million seniors participate in 
nutrition programs under the Older Americans Act. However, 
surveys of nutrition service providers indicate that the need 
for nutrition programs, particularly for home-delivered meals, 
exceeds the amount provided for at current funding levels. 
Preliminary results of a national evaluation of elder nutrition 
programs show that 9 percent of congregate meal providers and 
41 percent of home delivered meal providers have waiting lists. 
Twenty-two percent of the waiting lists for congregate meals 
and 5 percent of the waiting lists for home-delivered meals 
exceed 100 percent of the average number of daily meals served. 
Because not all service providers maintain waiting lists, and 
because waiting lists do not capture all seniors who may be at 
nutrititional risk or who may wish to participate, these 
results are considered to be a lower-bound indicator for the 
need for nutrition services.
    The state of New York estimates that about 6 percent of 
seniors are in need of home delivered meals because they lack 
the ability or assistance to prepare their own meals. If this 
figure is applied nationally, about 2.5 million seniors would 
require home delivered meal services. However, in 1994, only 
about 877,000 seniors received such services. If additional 
funds were to be made available to provide home-delivered meals 
for 2 million more seniors, and to alleviate the backlog for 
congregate meals, CBO estimates that the 1997 authorization 
would be about $1.3 billion.
    In addition, the bill would authorize $157 million for 
fiscal year 1997 and such sums as necessary for fiscal years 
1998-2001 for the meal subsidy program funded by the Department 
of Agriculture.

Title IV: Native American programs

    Title IV of the bill would authorize grants to eligible 
organizations for the operation of programs that would serve 
Native Americans. If services similar to those authorized for 
non-Native Americans were to be made available for programs 
that would serve Native Americans, the estimated authorization 
of appropriations would be about $40 million for fiscal year 
1997.
    Tables 2 and 3 below show the proposed changes in 
authorization levels by title with and without adjustments for 
inflation.

 TABLE 2.--ESTIMATED BUDGETARY IMPACT OF S. 1643--BY TITLE AUTHORIZATIONS OF APPROPRIATIONS WITH ADJUSTMENTS FOR
                                                    INFLATION                                                   
                                    [By fiscal year, in millions of dollars]                                    
----------------------------------------------------------------------------------------------------------------
                                                                       1997     1998     1999     2000     2001 
----------------------------------------------------------------------------------------------------------------
Title I: Administration:                                                                                        
    Estimated authorization........................................       35       38       39       40       41
    Estimated outlays..............................................       22       32       38       39       40
Title II: State Programs on Aging:                                                                              
    Estimated authorization........................................      835      861      886      912      939
    Estimated outlays..............................................      207      612      860      886      912
Title III: Local Programs on Aging:                                                                             
    Estimated authorization........................................    2,200    2,264    2,325    2,387    2,451
    Estimated outlays..............................................    1,724    2,209    2,310    2,372    2,435
Title IV: Grants for Native American Programs on Aging:                                                         
    Estimated authorization........................................       40       41       43       44       45
    Estimated outlays..............................................       20       39       42       43       44
                                                                    --------------------------------------------
Total Authorizations:                                                                                           
    Estimated authorization........................................    3,110    3,203    3,291    3,382    3,475
    Estimated outlays..............................................    1,973    2,892    3,250    3,340    3,431
----------------------------------------------------------------------------------------------------------------
Note: Components may not sum to totals because of rounding.                                                     


 TABLE 3.--ESTIMATED BUDGETARY IMPACT OF S. 1643--BY TITLE AUTHORIZATIONS OF APPROPRIATIONS WITHOUT ADJUSTMENTS 
                                                  FOR INFLATION                                                 
                                    [By fiscal year, in millions of dollars]                                    
----------------------------------------------------------------------------------------------------------------
                                                                       1997     1998     1999     2000     2001 
----------------------------------------------------------------------------------------------------------------
Title I: Administration:                                                                                        
    Estimated authorization........................................       35       35       35       35       35
    Estimated outlays..............................................       22       32       35       35       35
Title II: State Programs on Aging:                                                                              
    Estimated authorization........................................      835      835      835      835      835
    Estimated outlays..............................................      207      606      835      835      835
Title III: Local Programs on Aging:                                                                             
    Estimated authorization........................................    2,200    2,200    2,200    2,200    2,200
    Estimated outlays..............................................    1,724    2,160    2,200    2,200    2,200
Title IV: Grants for Native American Programs on Aging:                                                         
    Estimated authorization........................................       40       40       40       40       40
    Estimated outlays..............................................       20       38       40       40       40
                                                                    --------------------------------------------
Total Authorizations:                                                                                           
    Estimated authorization........................................    3,110    3,110    3,110    3,110    3,110
    Estimated outlays..............................................    1,973    2,835    3,110    3,110    3,110
----------------------------------------------------------------------------------------------------------------
Note: Components may not sum to totals because of rounding.                                                     

    7. Estimated impact on state, local, and tribal 
governments: S. 1643 contains no intergovernmental mandates as 
defined in the Unfunded Mandates Reform Act of 1995 (Public Law 
104-4). The bill would reauthorize and consolidate voluntary 
programs that provide grants to state and tribal governments, 
giving them additional flexibility to allocate these funds. The 
bill would also make a number of changes to the Senior 
Community Service Employment program. First, the bill would 
make states responsible for administering all funds associated 
with the program. Currently, states participating in this 
program administer about 20 percent of all program funds, and 
national organizations such as the National Council of Senior 
Citizens administer the rest. In addition, the bill would 
change the maximum allowance for administrative expenses from 
13.5 percent to 15 percent for small states and 10 percent for 
others. Finally, the federal share of project costs would be 
reduced from 90 percent to 85 percent.
    8. Estimated impact on the private sector: S. 1643 does not 
include any mandates as defined in P.L. 104-4.
    9. Estimate comparison: On April 15, 1996, CBO provided an 
estimate for H.R. 2570, the Older Americans Amendments of 1996. 
While the bills are similar, H.R. 2570 differs from S. 1643 in 
some respects. Notably, the House bill states levels of 
authorizations of appropriations for each program authorized 
under the bill. In addition, the House bill would include 
reauthorization of the Retired Senior Volunteer program, the 
Foster Grandparent program, and the Senior Companion program. 
S. 1643 does not include these programs. Total authorizations 
of appropriations for H.R. 2570 are $1,489 million for fiscal 
year 1997.
    10. Previous CBO estimate: None.
    11. Estimate prepared by: Federal Cost Estimate: Christi 
Hawley and Dottie Rosenbaum. 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.

                    VI. Regulatory Impact Statement

     The committee has determined that there will be a decrease 
in the regulatory and paperwork burden imposed by this bill.

                    VII. Section-by-Section Analysis

    Section 1 (Short Title) specifies the title of the bill as 
the ``Older Americans Act Amendments of 1996.''
    Section 2 (Table of Contents) sets forth the table of 
contents of the bill.
    Section 3 (Amendment to the Older American Community 
Service Employment Act for Fiscal Year 1996) amends the Older 
American Community Service Employment Act (title V of the Older 
Americans Act), as follows.

          Title V--Senior Community Service Employment Program

    Section 501 (Short Title) cites the title as the ``Older 
American Community Service Employment Act.''
    Section 502 (Allotment of Funds for Fiscal Year 1996) 
specifies the formula for allotment of funds for fiscal year 
1996. It requires that, after a reservation of funds for tribal 
organizations, the remaining funds be distributed to States 
based on their relative share of funds allotted for fiscal year 
1995. It further requires the balance of funds to be 
distributed according to States' relative share of the 
population aged 55 and over and State per capita income. It 
also specifies a minimum allotment of one-half of 1 percent for 
States, and a minimum of one-quarter of one percent, or 
$50,000, whichever is greater, for territories. It requires 
that funds not used by a State be reallotted to other States.
    Section 503 (Senior Community Service Employment Program) 
requires the Assistant Secretary to make grants to State and 
tribal organizations to provide part-time employment 
opportunities in community services to unemployed low-income 
older individuals who have poor employment prospects.
    This section requires that not less than 90 percent of 
Federal funds be used for wages and benefits for older 
individuals, and in small States, not less than 85 percent of 
funds. It allows a waiver of this requirement in certain 
circumstances. It places a limitation on administrative costs 
and allows a State or tribal organization to use a portion of 
funds for other participant costs. It also requires that, to 
the maximum extent practicable, a grantee pay administrative 
and other participant costs from non-Federal funds.
    This section sets forth eligibility requirements for grants 
and requires that States and tribal organizations submit 
applications to the Assistant Secretary. The application must 
assure that funds will be used in accordance with title V 
requirements and will not be used to carry out a project for 
the construction, operation, or maintenance of a facility for 
sectarian religious instruction or worship. It requires States 
and tribal organizations to enter into agreements with public 
or nonprofit private agencies or organizations; political 
subdivisions of States; tribal organizations; and area agencies 
on aging.
    It also allows States and tribal organizations to use up to 
5 percent of Federal funds for agreements with businesses.
    It requires States and tribal organizations to award funds 
to eligible entities on a competitive basis, and to take into 
consideration the demonstrated ability of the entity to provide 
employment to eligible individuals. It also sets forth the 
requirements that projects must meet in order to receive funds. 
These include requirements that the project: employ older 
individuals to provide services related to publicly owned and 
operated facilities or public or nonprofit private 
organizations; contribute to the general welfare of the 
community; result in an increase in employment opportunities 
that would not otherwise be available and not result in the 
displacement of currently employed workers; and assess the 
skills of individuals, their needs for supportive services, and 
their ability to perform community service employment, among 
other requirements.
    It sets the Federal share of the cost of the project at no 
more than 85 percent, and requires that the non-Federal share 
be in cash or in-kind.
    It requires that States and tribal organizations, when 
making a determination where projects are most needed, consult 
with area agencies on aging and other organizations that 
received funding in the prior fiscal year. It also requires 
that, to the maximum extent practicable, States and tribal 
organizations ensure that projects provide employment to older 
individuals who were participants on the day before the 
effective date of these amendments (July 1, 1996).
    It also sets forth requirements regarding coordination of 
projects with other programs, equitable use of funds, data 
collection, and Federal rules on transition of participants 
into unsubsidized employment, among other requirements.
    Section 504 (Participants Not Federal Employees) specifies 
that participants are not to be considered Federal employees. 
It prohibits a State or tribal organization from entering into 
an agreement with an entity whose employees are exempt from 
State workmen's compensation that is generally applicable to 
employees unless the entity can assure that individuals will 
have equal coverage.
    Section 505 (Employment Assistance and Federal Housing and 
Food Stamp Programs) prohibits wages received by individuals 
from the program from being considered as income for purposes 
of determining eligibility for Federal housing and the food 
stamp programs.
    Section 506 (Definitions) defines the following terms: 
administrative costs; community services; low-income; older 
individual; other participant costs; placed in unsubsidized 
employment; small State; State; and tribal organization.
    Section 507 (Authorization of Appropriations) authorizes 
for fiscal year 1996 such sums as may be necessary. It also 
defines the program year cycle and allows the Secretary to 
extend a program year for a period of up to 60 days after the 
end of the program year. It also specifies technical and 
conforming amendments.
    Section 4 (Amendment to the Older Americans Act of 1965) 
amends the Older Americans Act of 1965, as follows:
    Section 1 (Short Title) cites this act as the ``Older 
Americans Act of 1965.''
    Section 2 (Table of Contents) sets forth the table of 
contents for the act.

     Title I--General Provisions, Subtitle A--Core Objectives and 
                              Definitions

    Section 101 (Core Objectives) sets forth the purpose of the 
act as follows: to fulfill the responsibility of the United 
States to assist older individuals to remain living 
independently and with dignity for as long as possible in their 
communities and to encourage and assist State and area 
agencies, and Indian tribes to concentrate resources in order 
to foster the development and implementation of comprehensive 
and coordinated systems to serve older individuals.
    Core objectives specified are to: secure and maintain 
maximum independence and dignity in a home environment for 
older individuals capable of self-care with appropriate 
supportive and nutrition services; remove individual and social 
barriers to personal independence for older individuals; 
promote a continuum of care; foster ways for older individuals 
to receive managed in-home and community-based long-term care 
services; ensure that older individuals will be protected 
against abuse, neglect, and exploitation; and promote 
employment opportunities and community services for older 
individuals.
    Section 102 (Definitions) defines the following terms: 
abuse, Administration, adult child with a disability and adult 
children with a disability; Alaska Native; Alaska Native 
organization; area agency on aging; Assistant Secretary; 
assistive technology; board and care facility; caregiver; 
caretaker; case management service; child; community services; 
comprehensive and coordinated service system; disability; elder 
abuse, neglect, and exploitation; exploitation; focal point; 
frail; greatest economic need; greatest social need; in-home 
services; Indian; Indian tribe; information and assistance 
service; insurance benefit; legal assistance; long-term care 
facility; low-income; Medicare supplemental policy; 
multipurpose senior center; Native American; Native Hawaiian; 
neglect; nonprofit; nutrition services; older individual; 
pension plan; physical harm; planning and service area; poverty 
line; public benefit; representative payee; Secretary; severe 
disability; State; State agency; supportive service; tribal 
organization; unit of general purpose local government.

Subtitle B--Administration

    Section 111 (Establishment of Administration on Aging) 
establishes in the Office of the Secretary of the Department of 
Health and Human Services (DHHS), an Administration on Aging 
(AOA) which is headed by an Assistant Secretary for Aging. It 
requires that: the act be administered by the Administration, 
acting under the supervision of the Secretary; the Assistant 
Secretary be appointed by the President with the advice and 
consent of the Senate; the Assistant Secretary designate 
employees of the Administration who shall be responsible, under 
the supervision of the Assistant Secretary, for administration 
of the State long-term care ombudsman program, SCSEP, the 
nutrition services program, and Native Americans programs. This 
section also specifies that the person responsible for the 
nutrition program have expertise in nutrition and dietary 
services and planning, be a registered dietitian, be a 
credentialed nutrition professional, or have education and 
training substantially equivalent to a registered dietitian or 
a credentialed nutrition professional.
    Section 112 (Functions of the Assistant Secretary) 
specifies the duties of the Assistant Secretary. These are to: 
administer grants and contracts under the act; provide 
technical assistance to States, political subdivisions of 
States, and tribal organizations related to programs for older 
individuals; assist the Secretary regarding problems of older 
individuals; coordinate the planning and development by public 
and private agencies of programs for older individuals. It also 
specifies data collection responsibilities of the Assistant 
Secretary.
    This section requires the Assistant Secretary to serve as 
the effective and visible advocate for older individuals within 
DHHS and with other departments and agencies of the Federal 
Government by maintaining active review and comment of Federal 
policies affecting older persons; establish a nationwide toll-
free telephone line; and coordinate with, advise, and consult 
with heads of each departments or agencies of the Federal 
Government that are proposing or administering programs related 
to the act. This section also requires these departments and 
agencies to coordinate their activities with the Assistant 
Secretary.
    This section allows the Assistant Secretary to exercise the 
following powers: consult with and provide technical assistance 
to public or nonprofit agencies, organizations, and 
institutions; and provide short-term training and technical 
instruction.
    It also allows the Assistant Secretary to make grants or 
award contracts to State, public or nonprofit private agencies, 
organizations, and institutions, and tribal organizations in 
order to design, test, and promote innovative ideas and best 
practices in programs and services for older individuals, help 
meet the needs for trained personnel in the field of aging, and 
increase the awareness of citizens of all ages of their need to 
assume personal responsibility for their aging. This section 
requires entities to submit an application to the Assistant 
Secretary in order to receive a grant or a contract. This 
section also allows the Assistant Secretary to perform 
evaluation activities and specifies that evaluation shall be 
conducted by persons not immediately involved in the 
administration of the programs.
    This section allows the Assistant Secretary to provide for 
the operation of a National Center on Elder Abuse. It specifies 
the responsibilities of the Center.
    Section 113 (Reports) requires the Assistant Secretary to 
prepare and submit to Congress an annual report on the 
programs, projects, and activities under the act. The report is 
to be submitted within 120 days after the end of each fiscal 
year. This section specifies the content for the annual report.
    Section 114 (Reduction of Paperwork) requires the Assistant 
Secretary to reduce the paperwork required under the act and to 
request only essential information.
    Section 115 (Surplus Property Eligibility) makes any State 
or local government agency and any nonprofit private 
organization that receives Federal funds under a number of 
statutes eligible for surplus property.
    Section 116 (Treatment of Costs) specifies that the costs 
of any activity under the act may not be treated as income or 
benefits for eligible individuals for the purpose of any other 
activity or provision of Federal or State law.
    Section 117 (Disaster Relief) requires the Assistant 
Secretary to reserve for disaster assistance, an amount equal 
to .06 percent of the total amount appropriated for supportive 
and nutrition services. It allows the Assistant Secretary to 
provide to eligible entities supportive and nutrition services 
during any major disaster declared by the President. The 
section sets forth requirements for disaster assistance 
applications and unused funds.
    Section 118 (Authorization of Appropriations) authorizes 
such sums as may be necessary for fiscal years 1997-2001 to 
carry out the act; the national toll-free telephone line; 
research, training, and demonstration activities; and the 
National Center on Elder Abuse.

Subtitle C--Funding

    Section 121 (Allotments; Federal Share) specifies allotment 
methodologies for ombudsman services, the senior community 
service employment program, and supportive and nutrition 
services.
    For ombudsman services, funds are allotted to States based 
on States' relative share of the population aged 60 and over, 
with a minimum allotment amount of one-half of one percent of 
funds appropriated.
    For the senior community service employment program, after 
reservation of funds for Indian tribal organizations, the 
remaining funds are allotted to States according to their 
relative share of the population aged 55 years and over and 
State per capita income. This section phases out, over a 3-year 
period (fiscal years 1997-1999), the current law distribution. 
It specifies a minimum allotment amount of one-half of one 
percent of the funds appropriated for States and one-quarter of 
one percent for territories.
    For supportive and nutrition services, funds are allotted 
to States based on their relative share of an ``elderly in 
need'' factor (a weighted sum of a State's relative share of 5 
specified population categories of persons aged 60 and over) 
and the relative size of a State's taxable resources compared 
to the elderly in need factor. This section also specifies a 
number of other conditions. These are that: a State allotment 
must be equal to or greater than a minimum share of total 
appropriation; increases or decreases from a prior year's 
allotment are limited; an allotment that is increased due to an 
increase in appropriations from fiscal year 1996 to fiscal year 
1997 is guaranteed an increase that is at least equal to the 
overall increase in appropriations in subsequent fiscal years.
    This section specifies that the Federal share for 
supportive and nutrition services will be 85 percent of the 
cost of services, and requires that the non-Federal share be in 
cash or in kind.
    This section also specifies limitations on amounts States 
and area agencies may use for administration of State and area 
plans and for the long-term care ombudsman program. It allows 
additional funds to be used for administration of the State 
plan under certain conditions.
    Section 122 (Authorization of Appropriations) authorizes 
such sums as may be necessary for fiscal years 1997-2001 for 
the State long-term care ombudsman, SCSEP, disease prevention 
and health promotion, supportive services and senior centers, 
and nutrition services programs. It also specifies that the 
senior community service employment program will operate on a 
July 1-June 30 funding cycle.
    Section 123 (Additional Funds Available for Nutrition 
Services) authorizes $156.6 million for fiscal year 1997 and 
such sums as may be necessary for fiscal years 1998-2001 for 
the Secretary of Agriculture to provide assistance for 
nutrition services under title III of the act. It also 
specifies that 98.9 percent of assistance will be allotted to 
States, with the balance for programs for Native Americans 
under title IV. It specifies that the Secretary of Agriculture 
shall determine a per-meal rate equal to the amount 
appropriated divided by the number of meals served in the 
preceding year and shall allot to each State an amount equal to 
the per-meal rate. It specifies that a State or area agency may 
elect to receive reimbursement in the form of cash or 
commodities.

   Title II--State Programs on Aging, Subtitle A--General Provisions

    Section 201 (Eligibility of States) sets forth conditions 
for States to receive funds. It requires that the State 
designate a State agency as the sole State agency to: develop 
and administer the State plan; be responsible for the planning, 
policy development, administration, and evaluation of the State 
plan; serve as an effective and visible advocate for older 
individuals; and divide the State into distinct planning and 
service areas. It also requires the State agency to designate 
an area agency on aging for each planning and service area; 
take into account the views of recipients of services; develop 
and publish for review and comment a formula for the 
distribution of supportive and nutrition services; assure that 
the State give preference in providing services to older 
individuals with the greatest economic need and greatest social 
need, with particular attention to low-income, minority older 
individuals.
    It requires the State agency to establish and publish due 
process procedures and ``grandfathers'' in single planning and 
service areas that had been designated on or before October 1, 
1980, among other requirements.
    Section 202 (State Plans) specifies State plan 
requirements. Among other requirements, it requires that the 
State plan: be submitted to the Assistant Secretary on a 2-, 3-
, or 4-year period; be based on area plans; require each area 
agency to submit an area plan to the State agency; establish a 
grievance procedure for area agencies and service providers; 
adopt fiscal control procedures; prohibit individuals involved 
in designation of State or area agencies or officials of these 
agencies from being subject to conflicts of interest; maintain 
the integrity and public purpose of services and providers; 
establish and maintain information and assistance services; 
require each area agency to carry out a program for outreach, 
counseling, and assistance to assist older individuals obtain 
insurance benefits and public benefits and expend a percentage 
of its funds as specified in the State plan for this purpose.
    It also prohibits a State or area agency from directly 
providing supportive services (with the exception of 
information and assistance, case management, and outreach) and 
nutrition services unless certain conditions are met. It 
further requires that the State plan: carry out a State long-
term care ombudsman program; require each area agency to expend 
a percentage of its supportive services funds for legal 
assistance as specified in the State plan; meet certain program 
conditions when the State agency opts to expend funds on a 
program of elder abuse, neglect, and exploitation prevention; 
provide outreach to identify specific groups of older 
individuals; coordinate services for individuals with 
disabilities with relevant State agencies; require area 
agencies to coordinate community-based long-term care services 
for older individuals in needs of these services; prohibit 
funds to be used to carry out activities unrelated to the 
purposes of the act; provide multigenerational activities; and 
assure quality of services provided under the act.
    This section further provides that the State may elect to 
require cost sharing by recipients, or require or permit area 
agencies to require cost sharing as long as cost sharing will 
not be required for certain services. These are: information 
and assistance, outreach, benefits counseling, case management, 
or ombudsman or other protective services. It also requires 
that: individuals with income below 150 percent of the poverty 
line be exempted from cost sharing; cost-sharing rates be 
subject to a sliding-fee scale; income be determined by self-
declaration; confidentiality of older individuals is 
maintained; and no older individual be denied a service because 
of inability to pay. This section also allows for voluntary 
contributions.
    This section sets forth procedures for approval or 
disapproval of the State plan, and for appeals by States. It 
also prohibits providers from revealing information protected 
by the attorney-client privilege.
    Section 203 (Planning, Coordination, Evaluation and 
Administration of State Plans) establishes the Federal matching 
share for administration of the State plan at 85 percent and 
defines administrative costs. It also allows States to use 
funds not otherwise used for State administration for area 
agency administration or for services. It allows single 
planning and service areas to elect to pay for administration 
from amounts available for State agency administration or area 
agency administration.
    This section also allows a State to transfer up to 25 
percent of its allotments for supportive and nutrition services 
between such allotments. The Assistant Secretary may grant a 
waiver to allow a State to transfer an additional 25 percent of 
funds. It also allows a State agency to delegate to an area 
agency authority to transfer up to 25 percent of its funds 
between these allotments.
    Section 204 (Payments) allows payments for title II and 
title III services to be made in advance or by reimbursement.

Subtitle B--State Long-Term Care Ombudsman Program

    Section 211 (Establishment) requires the Assistant 
Secretary to make grants to States to carry out a long-term 
care ombudsman program. It requires that in order for a State 
to be eligible for a grant it must establish and operate an 
Office of the State Long-Term Care Ombudsman and carry out the 
program through the Office. It also requires that the Office be 
headed by the State Long-Term Care Ombudsman who will be 
selected from among individuals with expertise and experience 
in long-term care and advocacy.
    Section 212 (Requirements for State Long-Term Care 
Ombudsman Program) sets forth the duties of the Office and 
requires that the Ombudsman serve on a full-time basis. The 
Ombudsman is required to, personally or through representatives 
of the Office, identify, investigate and resolve complaints 
that are made by, or on behalf of, residents of long-term care 
facilities and to provide services to assist residents. 
Complaints may relate to action, inaction or decisions by 
providers, public agencies or health and social service 
agencies that may adversely affect the health, safety, welfare, 
or rights of residents.
    This section further specifies the duties of the Ombudsman, 
including: informing residents about means of obtaining 
services; ensuring that residents have regular and timely 
access to services; representing the interests of residents 
before governmental agencies and seeking administrative, legal, 
and other remedies to protect residents; analyzing, commenting 
on and monitoring the development of Federal, State and local 
laws, rules and policies that affect residents; and providing 
for training of representatives of the Office, among other 
responsibilities.
    The section allows the State agency to establish and 
operate the Office directly, or by contract or other 
arrangement with any public or nonprofit private organization, 
agency, or institution. It prohibits the State agency from 
entering into a contract or other arrangement with agencies 
responsible for licensing or certifying long-term care services 
or an association of long-term care facilities or other 
residential facilities.
    It allows the Ombudsman to designate an entity as a local 
ombudsman entity and to designate an individual to represent 
the entity. Entities and individuals eligible to be designated 
are required to have demonstrated capability to carry out 
responsibilities of the Office, be free of conflict of 
interest, be public or nonprofit private entities, and meet 
other requirements determined by the Ombudsman. This section 
also sets forth the authority and responsibilities of the local 
ombudsmen.
    This section requires the State agency to establish 
procedures regarding monitoring the program, confidentiality 
and conflict of interest policies, disclosure of files, and 
other procedures for operation of the program. It also requires 
the State agency to document operations of the program.
    This section requires the State to assure that 
representatives of the Office have access to long-term care 
facilities, residents, and resident records; program 
representatives will not be liable for good faith performance 
of official duties; and willful interference with 
representatives of the Office will be unlawful. It also 
requires the State to prohibit retaliation and reprisals by a 
long-term care facility and to provide for appropriate 
sanctions in such cases.

Subtitle C--Senior Community Service Employment Program

    Section 221 (Short Title) cites the subtitle as the ``Older 
American Community Service Employment Act.''
    Section 222 (Definitions) defines the following terms: 
administrative costs; other participant costs; placed in 
unsubsidized employment; and small State.
    Section 223 (Senior Community Service Employment Program) 
requires the Assistant Secretary to make grants to State and 
tribal organizations to provide part-time employment 
opportunities in community services to unemployed low-income 
older individuals who have poor employment prospects.
    This section requires that not less than 90 percent of 
Federal funds be used for wages and benefits for older 
individuals, and in small States, not less than 85 percent of 
funds. It allows a waiver of this requirement in certain 
circumstances. It also places a limitation on administrative 
costs, and allows a State or tribal organization to use a 
portion of funds for other participant costs. It also requires 
that, to the maximum extent practicable, a grantee pay for 
administrative and other participant costs from non-Federal 
funds. It defines administrative and other participant costs.
    This section sets forth eligibility requirements for grants 
and requires that a State or tribal organization submit an 
annual application to the Assistant Secretary. The application 
must assure that funds will be used in accordance with 
requirements of this subtitle and will not be used to carry out 
a project for the construction, operation, or maintenance of a 
facility for sectarian religious instruction or worship. It 
states that the State or tribal organization is required to 
enter into agreements with public or nonprofit private agencies 
or organizations; political subdivisions of States; tribal 
organizations; and area agencies on aging.
    It also allows a State or tribal organization to use up to 
5 percent of Federal funds for agreements with businesses.
    It requires State or tribal organizations to award funds on 
a competitive basis and take into consideration the 
demonstrated ability of the entity to provide employment to 
eligible individuals. It also sets forth requirements that 
organizations must meet in order to receive funds. These 
include requirements that the project employ older individuals 
to provide services related to publicly owned and operated 
facilities or public or nonprofit private organizations; 
contribute to the general welfare of the community; result in 
an increase in employment opportunities that would otherwise be 
available and not result in the displacement of currently 
employed workers; assess the skills of individuals, their needs 
for supportive services, and their ability to perform community 
service employment, among other requirements.
    It sets the Federal share of the cost of the project at no 
more than 85 percent, and requires that the non-Federal share 
be in cash or in-kind.
    It requires that a State or tribal organization, when 
making a determination where projects are most needed, consult 
with area agencies on aging and other organizations that 
received funding in the prior fiscal year. It also requires 
that, to the maximum extent practicable, a State or tribal 
organization ensure that projects provide employment to older 
individuals who were participants on the day before the 
effective date of section 3 of the bill (the 1996 amendments to 
the senior community service employment program), that is, July 
1, 1996.
    Section 224 (Participants Not Federal Employees) specifies 
that participants are not to be considered Federal employees. 
It also prohibits a State or tribal organization from entering 
into an agreement with an entity whose employees are exempted 
from workmen's compensation that is generally applicable to 
employees, unless the entity can assure that individuals will 
have equal coverage.
    Section 225 (Employment Assistance and Federal Housing and 
Food Stamp Programs) prohibits funds received by individuals 
from the program from being considered as income for purposes 
of determining eligibility for Federal housing and the food 
stamp programs.

Subtitle D--Disease Prevention and Health Promotion

    Section 231 (Establishment of Grant Program) requires the 
Assistant Secretary to make grants to provide disease 
prevention and health promotion services at congregate meal 
sites, through home-delivered meals programs, or at other 
sites. It allows a State to determine the services to be 
provided, except the State may not provide services that would 
be provided through Medicare. It also requires the State agency 
to give priority in awarding funds to areas of the State that 
are medically underserved and where there are large 
concentrations of older individuals with the greatest economic 
need.

   Title III--Local Programs on Aging, Subtitle A--General Provisions

    Section 301 (Eligibility of Local Organizations) sets forth 
the characteristics of agencies that may be designated as area 
agencies on aging and establishes a preference for designation 
to an established office on aging under certain conditions.
    Section 302 (Area Plans) specifies area plan requirements. 
Among other requirements, it requires that the area plan: be 
submitted to the State agency on a 2-, 3-, or 4-year period as 
determined by the State agency; provide, through a 
comprehensive and coordinated system, supportive services and 
nutrition services; determine the extent of need for services; 
evaluate the effectiveness of resources in meeting needs; make 
agreements with providers; promote independent living through 
home and community-based care; address nutrition and health 
promotion needs; provide advocacy and protect the rights of 
vulnerable older individuals; establish and maintain 
information and assistance services; set specific objectives 
for providing services to older individuals with greatest 
economic and social need, and those living in rural areas; use 
outreach to identify older individuals in need of services; 
provide technical assistance to providers; take into account 
the views of recipients; serve as an advocate and focal point 
for older individuals; establish an advisory council; 
facilitate the coordination of community-based long-term care; 
establish a grievance procedure for older individuals who are 
dissatisfied with services; meet certain program conditions 
when the State agency chooses to carry out a program of elder 
abuse, neglect, and exploitation prevention; describe in the 
area plan the assistance it received for supportive and 
nutrition services and assure that such activities conform with 
the act's requirements.
    This section also specifies conditions under which case 
management may be provided by the area agency and that cost-
sharing requirements must be consistent with the State plan.
    This section specifies procedures for withholding of funds 
and due process procedures in such cases.
    Section 303 (Services Provided by Charitable, Religious, or 
Private Organizations) allows a State to administer and provide 
services through grants or contracts with charitable, 
religious, or private organizations. It also specifies the 
purpose of this section, that is, to allow religious 
organizations to receive awards on the same basis as other 
providers without impairing the religious character of such 
organizations, and without diminishing the religious freedom of 
beneficiaries of assistance under the program. It specifies the 
conditions under which such organizations are eligible to 
receive assistance and prohibits discrimination against such 
organizations.
    This section requires that religious organizations retain 
independence from Federal, State and local governments. It 
defines protections for such organizations, and rights of 
beneficiaries who have objections to receiving services from 
such organizations. It also specifies nondiscrimination and 
fiscal accountability requirements, and limitations on use of 
funds.

Subtitle B--Supportive services and senior centers

    Section 311 (Program Authorized) requires the Assistant 
Secretary to make grants to States for supportive services and 
specifies the supportive services that may be provided under 
title III.

Subtitle C--Nutrition services

    Section 321 (Program Authorized) requires the Assistant 
Secretary to make grants to States for nutrition projects that 
will provide at least one meal per day. It sets forth 
requirements that projects must meet, including compliance with 
the Dietary Guidelines for Americans and with dietary 
allowances established by the Food and Nutrition Board of the 
Institute of Medicine of the National Academy of Sciences.

              Title IV--Native American Programs on Aging

    Section 401 (Grants for Services to Native Americans) 
allows the Assistant Secretary to make grants to Indian tribal 
organizations, Alaska Native organizations, and Native Hawaiian 
organizations that meet requirements of title IV. Organizations 
are eligible to participate if they represent at least 50 older 
individuals and demonstrate the ability to deliver supportive 
and nutrition services.
    Section 402 (Application for Grants) requires that in order 
to be eligible to receive a grant an organization must submit 
an application to the Assistant Secretary. It requires that the 
application assure that the organization will evaluate the need 
for supportive and nutrition services; use efficient methods of 
administration; report on activities to the Assistant 
Secretary; periodically evaluate the project; establish and 
maintain information and assistance services; and coordinate 
services with State and local programs under titles II and III, 
among other requirements. It also allows organizations to 
develop population statistics in order to establish eligibility 
to receive grants.
    This section requires the Assistant Secretary to approve 
any application that complies with title IV requirements and 
sets forth procedures to be followed if an application is not 
approved. The Assistant Secretary is required to approve a 
grant for a period of at least 12 months.
    Section 403 (Distribution of Funds Among Eligible 
Organizations) requires that a grant to an eligible 
organization for fiscal year 1997 or subsequent years not be 
less than the amount awarded to such organization for fiscal 
year 1991. It also sets forth procedures for awards if funds 
appropriated for a given year exceed the fiscal year 1991 
amount.
    Section 404 (Surplus Education Facilities) requires the 
Secretary of the Interior to make surplus Indian or Alaska 
Native educational facilities, or surplus educational 
facilities located in Hawaii available for use as multipurpose 
senior centers. It also requires that in order to be eligible 
for such facilities, organizations must submit an application 
to the Secretary of the Interior.
    Section 405 (Administration) requires the Assistant 
Secretary to consult with the Secretary of the Interior when 
issuing rules to carry out title IV.
    Section 406 (Payments) allows payments under title IV to be 
made in advance or by reimbursement.
    Section 407 (Authorization of Appropriations) authorizes 
such sums as may be necessary for fiscal years 1997-2001.
    Section 5 (Conforming Amendments) sets forth conforming 
amendments to other legislation.
    Section 6 (References to Preceding Fiscal Year) states that 
any reference to ``the preceding fiscal year'' refers to funds 
received to carry out a program, project, or activity for the 
preceding fiscal year.
    Section 7 (Issuance of Rules) requires the Secretary of 
Health and Human Services to publish proposed rules pursuant to 
these amendments not later than 180 days after enactment. It 
also requires that final rules be issued not later than 90 days 
after publication of the proposed rules.
    Section 8 (Application of Amendments) specifies that 
section 3 of the bill (Amendment to the Older American 
Community Service Employment Act for fiscal year 1996), applies 
to fiscal year 1996 and section 4 (Amendment to the Older 
Americans Act of 1965) will not apply prior to fiscal year 
1997.
    Section 9 (Transfer of Functions) transfers functions 
related to administration of title V of the Older Americans Act 
from the Department of Labor (DOL) to the Department of Health 
and Human Services (DHHS) and specifies procedures related to 
the transfer of functions.
    Section 10 (Effective Dates) sets the effective date for 
these amendments, with the exceptions that follow, as the date 
of enactment. Most requirements regarding the transfer of the 
senior community service employment program from DOL to AOA are 
effective July 1, 1996. Amendments to the Older Americans Act 
and conforming amendments are effective October 1, 1996.
                         VIII. Additional Views

                      interstate funding formulas

    We are also very troubled by the bill's changes in the 
funding formulas for SCSEP and the nutrition and social 
services programs. Changes were made in the formulas to address 
concerns raised by the GAO (``Older Americans Act: Funding 
Formula Could Better Reflect State Needs,'' US General 
Accounting Office, GAO/HEHS-94-41) that various hold-harmless 
clauses are unfair. But GAO's other recommended changes were 
not included. Specifically, the funding formula changes in the 
bill do not reflect the changing demographics and incomes of 
the elderly nor the differing abilities of States to raise the 
revenue necessary to provide those services. They also fail to 
take into account the differing cost of services in States.
    Although the intent of the change is to base the formula on 
more up-to-date demographics, the effect of this change pits 
State against State. It will cause disruption and loss of 
services to tens of thousands of older persons. Some States 
come out winners. Others are losers. Ten States that lose under 
this funding formula change already receive funding at or below 
the national average according to the GAO. These States are: 
Connecticut, California, Georgia, Illinois, Maryland, 
Massachusetts, New Jersey, New York, Texas, and Virginia.

                                   Barbara A. Mikulski.
                                   Edward M. Kennedy.
                                   Paul Simon.
                           IX. Minority Views

    For over 30 years, the Older Americans Act has been the 
primary source of community-based services for seniors. These 
programs have enabled seniors to live independently and with 
dignity in their communities. The need for services is 
increasingly important with the aging of our society. Over the 
last decade, the number of elderly has increased 25 percent. 
The over-85 population has grown especially rapidly, and will 
continue to grow. By the year 2030, those 60 and older will 
more than double to 85 million, while those 85 plus will triple 
to 8 million. At the same time the population is aging, 
however, available resources are dwindling.
    Senator Gregg's efforts to streamline the act to enable 
grantees to provide services more efficiently and cost-
effectively are laudable. The legislation consolidates specific 
titles and enhances State and local flexibility through new 
waiver authority.
    We worked with the majority to make several additions to 
the bill. These include assuring confidentiality for cost 
sharing of meals and clarifying that no one will be denied 
nutrition services based on inability to pay; giving priority 
to services for minority populations; and providing continued 
authority to the Administration on Aging for the operation of a 
nationwide toll-free number providing information on community 
elder care resources. Separate funding streams were retained 
for the long-term care ombudsman program and research and 
demonstration projects. The grant program for disease 
prevention and promotion was also retained.
    Despite these improvements to the bill, several concerns 
remain that make the legislation unacceptable. These include 
changing the way that the Senior Community Service Employment 
Program (SCSEP) is run. Other concerns include inadequate 
funding for legal assistance services and elder abuse 
prevention programs.

              senior community service employment program

    The Senior Community Service Employment Program is one of 
the largest programs funded under the OAA. It is operated by 
nine national grantees, all 50 States and territories, and the 
US Forest Service under the Department of Labor. The 
legislation transfers operation of the program to the 
Administration on Aging, a move supported by the Administration 
and committee members.
    In 1995, more than 100,000 older Americans participated in 
SCSEP. Participants are 55 years of age or older and have 
income that does not exceed 125 percent of the Federal poverty 
level. It is one of the most successful Federal job programs 
that exists today. The national sponsors have played a crucial 
role in developing the most effective employment, training and 
services program for older Americans. Their performance in 
placing participants in unsubsidized employment has 
consistently exceeded established goals and the performance of 
State-administered programs. In 1994, the job placement rate 
was 29 percent for national sponsors and 21 percent for States. 
National sponsors also have many years of experience in 
administering SCSEP.
    Unfortunately, the legislation turns this successfully run 
program over to the States for administration without adequate 
Federal oversight. It eliminates the authority of the Federal 
Government to provide direct grants to national sponsors. 
Although intended to give States more control, this move will 
be disruptive to seniors who are already in the program and 
will hurt further placement of seniors in jobs.
    Under the legislation, national sponsors can still compete 
for grants. This could turn into a ``bureaucrats's delight''. 
Rather than having sponsors compete for a standard national 
grant, the approach included in the bill could result in 50 
different standards and forms. According to the Urban 
Institute, in 1994, the national grantees operated programs in 
all but three States: Nevada, North Dakota, and Utah. This 
approach will not improve services to senior citizens. And it 
will not provide better services to communities. In fact, the 
opposite is suggested by a recent Urban Institute study. This 
study states ``Our analysis of possible program impacts 
indicate that based on current program performances, 
unsubsidized placements would decline, total number of 
individuals served would decline.'' (``Analysis of the Impacts 
of Proposed Legislative Changes in the Senior Community Service 
Employment Program'', Nancy M. Pindus and Pamela A. Holcomb, 
Urban Institute, March 8, 1996)
    A better approach to streamlining SCSEP is to retain the 
national sponsors but to build in accountability and 
performance standards. We strongly support retaining the 
national sponsors because they have an excellent record in 
administering the program. We believe national grantees--both 
national sponsors and States--should be held accountable to 
performance standards developed in consultation with the States 
and Federal Government. These standards should require a 
minimum of 20 percent job placement, fiscal accountability and 
annual reports on program activities. We supported an amendment 
to make these improvements to SCSEP and regret that it was not 
accepted by the committee.
    Under our approach, national sponsors and States would 
qualify for 2-year grants and be subject to rigorous evaluation 
based on quantifiable performance standards. At the end of 10 
months, sponsors could be evaluated. If problems were found and 
not corrected, the sponsor would lose the grant and be banned 
from the program. The program would then be opened to 
competition from other nonprofits. It also would cap 
administrative costs at 25 percent. In addition, over a 5-year 
period, it would increase the percentage of funds that go to 
States from 22 percent to 35 percent and decrease the 
percentage going to national organizations from 78 percent to 
65 percent. These changes to SCSEP would address the concerns 
raised in the GAO report. (``Senior Community Service 
Employment Program Delivery Could Be Improved Through 
Legislation and Administrative Actions'', U.S. General 
Accounting Office, GAO/HEHS-96-4, November 1995)

                              ELDER RIGHTS

    One of the most disheartening aspects of our society is the 
abuse of the elderly. Abuse of older persons has increased more 
than 100 percent over the last decade. One in 20 elderly 
Americans or roughly 1.5 million elderly are abused annually. 
Despite the widespread prevalence of this national tragedy, 
elder abuse is one of our nation's great ``silent'' epidemics. 
Elderly abuse is far less likely to be reported than child 
abuse. While 1 in 3 child abuse cases are reported, only 1 in 8 
elder abuse cases are reported. The victims of elder abuse are 
frequently 75 or older, frail and more often women. They are 
among our most vulnerable citizens.
    The legislation eliminates title VII of Elder Rights 
Protection Activities and folds the provisions of this title 
into the new title III of the bill with no separate funding 
(except for the ombudsman program). Under the bill, States are 
not required to provide any elder abuse programs. States under 
pressure from decreased funding can discontinue these services 
altogether. This program was originally created in recognition 
of the fact that State efforts to address a growing problem 
were inadequate. It is our view that States should be required 
to continue to provide these critical services.

                             LEGAL SERVICES

    The bill eliminates the mandate for a Legal Assistance 
program. We are disappointed that the committee rejected our 
amendment to assure maintenance of effort for legal services 
for the elderly. Legal services are a critical service under 
the act and assist the elderly in understanding their rights 
and accessing available services. Seniors frequently face 
diverse and complex legal problems including issues involving 
abuse and neglect, economic security, long-term care and 
guardianship. According to the American Bar Association, ``For 
many older persons, the Older Americans Act legal assistance 
program provides their only access to the justice system.''

                               CONCLUSION

    Historically, the Older Americans Act has enjoyed 
widespread bipartisan support. We are extremely disappointed 
that a program that has enjoyed such support for over 30 years 
has now become embroiled in controversy. It is unfortunate that 
the committee could not reach agreement on the outstanding 
issues, particularly the Senior Community Service Employment 
Program. Because of this, we are unable to support this bill. 
We are hopeful that changes can be made before consideration of 
the legislation on the floor of the Senate.

                                   Barbara A. Mikulski.
                                   Edward M. Kennedy.
                                   Claiborne Pell.
                                   Christopher J. Dodd.
                                   Paul Simon.
                                   Tom Harkin.
                                   Paul D. Wellstone.

                       X. Changes in Existing Law

    In compliance with rule XXVI paragraph 12 of the Standing 
Rules of the Senate, the following provides a print of the 
statute or the part or section thereof to be amended or 
replaced (existing law proposed to be omitted is enclosed in 
black brackets, new matter is printed in italic, existing law 
in which no change is proposed is shown in roman):

                      OLDER AMERICANS ACT OF 1965

          * * * * * * *

                       OLDER AMERICANS ACT OF 1965

            [TITLE I--DECLARATION OF OBJECTIVES; DEFINITIONS

[Sec. 101. Declaration of objectives for older Americans
[Sec. 102. Definitions

                   [TITLE II--ADMINISTRATION ON AGING

[Sec. 201. Establishment of Administration on Aging
[Sec. 202. Functions of Commissioner
[Sec. 203. Federal agency consultation
[Sec. 203A. Consultation with State agencies, area agencies on aging, 
          and Native American grant recipients
[Sec. 204. Federal Council on the Aging
[Sec. 205. Administration of the Act
[Sec. 206. Evaluation
[Sec. 207. Reports
[Sec. 208. Joint funding of projects
[Sec. 209. Advance funding
[Sec. 210. Application of other laws
[Sec. 211. Reduction of paperwork
[Sec. 212. Contracting and grant authority
[Sec. 213. Surplus property eligibility
[Sec. 214. Nutrition education
[Sec. 215. Authorization of appropriations

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

                       [Part A--General Provisions

[Sec. 301. Purpose; administration
[Sec. 302. Definitions
[Sec. 303. Authorization of appropriations; uses of funds
[Sec. 304. Allotment; Federal share
[Sec. 305. Organization
[Sec. 306. Area plans
[Sec. 307. State plans
[Sec. 308. Planning, coordination, evaluation, and administration of 
          State plans
[Sec. 309. Payments
[Sec. 310. Disaster relief reimbursements
[Sec. 311. Availability of surplus commodities
[Sec. 312. Multipurpose senior centers: recapture of payments
[Sec. 313. Audit
[Sec. 314. Rights relating to in-home services for frail older 
          individuals

             [Part B--Supportive Services and Senior Centers

[Sec. 321. Program authorized

                       [Part C--Nutrition Service

                 [subpart 1--congregate nutrition services

[Sec. 331. Program authorized

               [subpart 2--home delivered nutrition services

[Sec. 336. Program authorized
[Sec. 337. Criteria

    [subpart 3--school-based meals for volunteer older individuals and 
                       multigenerational programs

[Sec. 338. Establishment
[Sec. 338A. Application and selection of providers
[Sec. 338B. Reports

                      [subpart 4--general provisions

[Sec. 339. Compliance with dietary guidelines
[Sec. 339A. Payment requirement

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

[Sec. 341. Program authorized
[Sec. 342. Definition of in-home services
[Sec. 343. State criteria
[Sec. 344. Maintenance of effort

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

[Sec. 351. Program authorized

        [Part F--Disease Prevention and health Promotion Services

[Sec. 361. Program authorized
[Sec. 362. Distribution to area agencies on aging
[Sec. 363. Definition

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

[Sec. 381. Program authorized
[Sec. 382. Definitions
[Sec. 383. Maintenance of effort

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

[Sec. 401. Statement of purpose
[Sec. 402. Administration

                     [Part A--Education and Training

[Sec. 410. Purpose
[Sec. 411. Grants and contracts
[Sec. 412. Multidisciplinary centers of gerontology

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

[Sec. 420. Purpose
[Sec. 421. Research and development projects
[Sec. 422. Demonstration projects
[Sec. 423. Special projects in comprehensive long-term care
[Sec. 424. Special demonstration and support projects for legal 
          assistance for older individuals
[Sec. 425. National impact activities
[Sec. 426. Utility and home heating cost demonstration projects
[Sec. 427. Ombudsman and advocacy demonstration projects
[Sec. 428. Consumer protection demonstration projects for services 
          provided in the home
[Sec. 429. Demonstration projects for multigenerational activities
[Sec. 429A. Supportive services in federally assisted housing 
          demonstration program
[Sec. 429B. Neighborhood senior care program
[Sec. 429C. Information and assistance systems development projects
[Sec. 429D. Senior transportation demonstration program grants
[Sec. 429E. Resource centers on Native American elders
[Sec. 429F. Demonstration programs for older individuals with 
          developmental disabilities
[Sec. 429G. Housing demonstration programs
[Sec. 429H. Private resource enhancement projects
[Sec. 429I. Career preparation for the field of aging
[Sec. 429J. Pension rights demonstration projects

                       [Part C--General Provisions

[Sec. 431. Authorization of appropriations
[Sec. 432. Payments of grants
[Sec. 433. Responsibilities of Commissioner]

            [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 civil, cultural, 
        educational and training and recreational 
        opportunities.
          [(8) Efficient community services, including access 
        to lowcost 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 ``Commissioner'' means, unless the 
        context otherwise requires, the Commissioner of the 
        Administration.
          [(3) The term ``State'' means any of the several 
        States, the District of Columbia, the Virgin Islands, 
        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 
                acitivities 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 funtional 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, particualrly--
                          [(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 a 
Commissioner on 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 Commissioner and the 
Secretary. In the performance of the functions of the 
Commissioner, the Commissioner shall be directly responsible to 
the Secretary. The Secretary shall not approve or require any 
delegation of the functions of the Commissioner (including the 
functions of the Commissioner carried out through regional 
officers) to any other officer not directly responsible to the 
Commissioner.
    [(b) The Commissioner 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 an Associate 
Commissioner on American Indian, Alaskan Native, and Native 
Hawaiian Aging appointed by the Commissioner.
    [(3) The Associate Commissioner on 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 Commissioner 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 
        Commissioner;
          [(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 Commissioner 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 Commissioner and programs 
                established under title VI by the Commissioner;
        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 
        Native, and Native Hawaiians, in the State 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 an Associate 
Commissioner for Ombudsman Programs (in this subsection 
referred to as the ``Associate Commissioner'') who shall be 
appointed by the Commissioner from among individuals who have 
expertise and background in the fields of long-term care 
advocacy and management. The Associate Commissioner shall 
report directly to the Commissioner.
    [(B) No individual shall be appointed Associate 
Commissioner 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 Associate Commissioner 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 
        Commissioner 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 Commissioner 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 Commissioner 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 Commissioner regarding, existing and 
        proposed Federal legislation, regulations, and policies 
        regarding the operation of State Long-Term Care 
        Ombudsman programs;
          [(F) make recommendations to the Commissioner 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 Commissioner 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 Commissioner

      [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, coordinate 
        services and opportunities for such individuals;
          [(13) convene conferences of such authorities and 
        officials of public (include Federal, State, and local 
        agencies) and nonprofit private organizations concerned 
        with the development and operation of programs for 
        older individuals as the Commissioner 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, and service providers, on aging 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 of 
                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 Associate 
        Commissioner for 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 Commissioner 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 Commissioner 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, 1994, 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 Commissioner 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 Commissioner 
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 Commissioner, in 
consultation with the Director of the ACTION Agency, 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 Commissioner 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 Commissioner shall provide technical assistance to 
the area and State volunteer services coordinators.
    [(d)(1) The Commissioner shall establish and operate the 
National Center on Elder Abuse (in this subsection referred to 
as the ``Center'').
    [(2) In operating the Center, the Commissioner 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 Commissioner shall carry out paragraph (2) 
through grants or contracts.
    [(B) The Commissioner 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 Commissioner 
at such time, in such manner, and containing such information 
as the Commissioner may require.
    [(C) The Commissioner 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 Commissioner establishes such priorities, publish 
        in the Federal Register for public comment a statement 
        of such proposed priorities.
    [(4) The Commission 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 Commissioner 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 Associate Commissioner on 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 Commissioner at such time, in such manner, 
and containing such information as the commissioner 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 Commissioner 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 Commission 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 Commissioner, 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 
Commissioner shall coordinate, advise, consult, and cooperate 
with the Secretary of Labor in carrying out title V and with 
the ACTION Agency 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 Commissioner 
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 the Act, particularly administering any program 
referred to in subsection (b), shall consult and cooperate with 
the Commissioner in carrying out such program. In particular, 
the Secretary of Labor shall consult and cooperate with the 
Commissioner in carrying out the Job Training Partnership Act 
(29 U.S.C. 1501 et seq.).
    [(3) The head of each Federal department, agency, or 
instrumentality of the Federal Government administering 
programs and services substantially related to the objectives 
of this Act shall collaborate with the commissioner in carrying 
out this Act, and shall develop a written analysis, for review 
and comment by the commissioner, 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 Development 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 Commissioner 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, natiional 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 member 
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 recommendations 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 powes, 
but shall be filed 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 Commissioner 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 Commissioner, 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 Commissioner 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 Commissioner 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 Commissioner 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 Commissioner 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 
Commissioner 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, 1994, the Commissioner, 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 Commissioner 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 Commissioner 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, 1993, the Commissioner, 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, 1994, 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 Commissioner 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 Commissioner 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 Commissioner;
          [(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 
Commissioner 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 Commissioner shall submit the report required by 
paragraph (1) to--
          [(A) the Select Committee on Aging of the House of 
        Representatives;
          [(B) the Special Committee on Aging of the Senate;
          [(C) the Committee on Education and Labor of the 
        House of Representatives; and
          [(D) the Committee on Labor and Human Resources of 
        the Senate.
    [(3) The Commissioner 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 Commissioner 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 Commissioner deems appropriate. In 
carrying out this subsection, the Commissioner 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 Commissioner, 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 Commissioner shall 
request only such information as the Commissioner 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 Associate Commissioner on 
American Indian, Alaskan Native, and Native Hawaiian Aging and 
the approval of the Commissioner), 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 Commissioner 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 Commissioner 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 Commissioner shall administer programs under 
this title through the Administration.
    [(2) In carrying out the provisions of this title, the 
Commissioner 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 Commissioner 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 tribe organization.
          [(3) The term ``deduction and training services'' 
        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.
          [(10) The term ``multipurpose senior center'' means a 
        community facility for the organization and provision 
        of a broad spectrum of services, which shall include, 
        but not be limited to, provision of health (including 
        mental health), social, nutritional, and educational 
        services and the provision of facilities for 
        recreational activities for older individuals.

            [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 
        system for supportive services, congregate and home 
        delivered nutrition services under subparts 1 and 2 of 
        part C, 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 paragraph (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 on 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 Commissioner 
on the basis of the most recent data available from the Bureau 
of the Census, and other reliable demographic data satisfactory 
to the Commissioner.
    [(b) Whenever the Commissioner 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 Commissioner 
shall make such allotment available for carrying out such 
purpose to one or more other States to the extent the 
Commissioner 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 Commissioner finds that any State has failed to 
qualify under the State plan requirements of section 307 or the 
Commissioner does not approve the funding formula required 
under section 305(a)(2)(C), the Commissioner shall withhold the 
allotment of funds to such State referred to in subsection (a). 
The Commissioner 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 
Commissioner 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 Commissioner, designate a State agency as the 
        sole State agency to--
                  [(A) develop a State plan to be submitted to 
                the Commissioner 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 Commissioner, 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 view 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 
                Commissioner, that the State agency will take 
                into account, in connection wit 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 
                Commissioner, 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 Commissioner 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 clause (1) of subsection (a) 
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 clause (1) of 
subsection (a) such additional areas adjacent to the unit of 
general purpose local government or regionals 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 clause (1) of subsection (a) 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 
Commissioner to request redesignation as an interstate planning 
and service area comprising the entire metropolitan area or 
Indian reservation. If the Commissioner approves such an 
application, the Commissioner 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 Commissioner. The Commissioner shall afford 
such unit, region, metropolitan area, or Indian reservation an 
opportunity for a hearing. In carrying out the provisions of 
this paragraph, the Commissioner 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 
Commissioner deems appropriate.
    [(5)(A) A State which on or before October 1, 1980, had 
designated, with the approval of the Commissioner, 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 Commissioner.
    [(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 Commissioner may affirm or set aside the decision of the 
State agency. If the Commissioner 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 center sin 
        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 identify 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 individual sin 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 assurance 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 the 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 Commissioner 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) provides 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 Commissioner 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 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 Commissioner 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 to 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 Commissioner--
          [(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 
Commissioner, 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 of again available under this 
title.
    [(2)(A) The head of a State agency shall not make a final 
determination withholding funds under paragraph (a) 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 approved 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 Commissioner 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 Commissioner may by regulation prescribe. 
If the Commissioner determines, in the discretion of the 
Commissioner, that a State failed in 2 successive years to 
comply with the requirements under this title, then the State 
shall submit to the Commissioner a State plan for a 1-year 
period that meets such criteria, for subsequent years until the 
Commissioner 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 
        Commissioner 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 public 
        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 Commissioner may require, and 
        comply with such requirements as the Commissioner 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 
                of 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 conflict of interest 
                prohibited under this Act; and
                  [(iii) mechanisms are in place to identify 
                and remove conflict or interest prohibited 
                under this Act; and
          [(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 Commissioner--
                          [(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 Commissioner, 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 knowledgable 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 
                Commissioner, 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 on organization will maintain efforts to 
                solicit voluntary support and that the funds 
                made available under this title to the 
                organization will 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--
                          [(1) 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 Commissioner 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 
                delivery 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 
                Commissioner; 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 Commissioner, 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 be 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 any such 
        area agency on aging to provide each of the categories 
        of service 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 loans 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 
                Commissioner 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 Commissioner).
          [(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 Commissioner shall approve any State plan which 
the Commissioner finds fulfills the requirements of subsection 
(a), except the Commissioner may not approve such plan unless 
the Commissioner 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 Commissioner, 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 Commissioner 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 the 
requirement described in clause (3)(B) of subsection (a).
    [(c)(1) The Commissioner 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 Commissioner shall be deemed to be a 
reference to the Secretary.
    [(d) Whenever the Commissioner, 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 Commissioner 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 Commissioner'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 Commissioner is satisfied that there 
will no longer be any failure to comply. Until the Commissioner 
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 Commissioner 
shall, in accordance with regulations the Commissioner 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 Commissioner 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 Commissioner, or any officer designated by the 
Commissioner for such purpose. The Commissioner thereupon shall 
file in the court the record of the proceedings on which the 
Commissioner'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 Commissioner or to set 
it aside, in whole or in part, temporarily or permanently, but 
until the filing of the record, the Commissioner may modify or 
set aside the Commissioner's order. The findings of the 
Commissioner 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 Commissioner to take further 
evidence, and the Commissioner 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 Commissioner shall be final, subject to review by the 
Supreme Court of the United States upon certioriari 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 Commissioner'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 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 Commissioner, 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 of $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 of $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 Commissioner in 
accordance with this paragraph. Any such application shall be 
transmitted in such form, and according to such procedures, as 
the Commissioner may require, except that such application may 
not be made as part of, or as an amendment to, the State plan.
    [(B) The Commissioner may approve any application 
transmitted by a State under subparagraph (A) if the 
Commissioner 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 
        Commissioner;
          [(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 Commissioner may approve that portion of the 
amount requested by a State in its application under 
subparagraph (A) which the Commissioner 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 cary 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 Commissioner shall approve any such 
transfer unless the Commissioner determines that such transfer 
is not consistent with the objectives of this Act.
    [(B) If a State demonstrates, to the satisfaction of the 
Commissioner, 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 
Commissioner 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 Commissioner 
of any such election.
    [(B)(i) If a State demonstrates, to the satisfaction of the 
Commissioner, 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 
satsify the need for services under such part, then the 
Commissioner may grant a waiver that permits the State to 
transfer under subpargraph (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 
Commissioner, that funds received by the State and attributable 
to funds appropriated under part B or part C (including funds 
transferred under paragraph (A) without regard to this 
subparagraph) for fiscal year 1996 are insufficient to satisfy 
the need for services under such part, then the Commissioner 
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 of 
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 
Commissioner 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 Commissioner 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 Commissioner 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 
Commissioner may determine. From a State's allotment for a 
fiscal year which is available under section 308 the 
Commissioner may pay to a State which does not have a State 
plan approved under section 307 such amounts as the 
Commissioner 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 Commissioner 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 Disaster 
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 Commissioner 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 Commissioner 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 
Commissioner 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 Commissioner, 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 non-profit private agency or organization; or
          [(2) the facility ceases to be used for the purposes 
        for which it was acquired (unless the Commissioner 
        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 Commissioner 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.

    [(a) Promotion.--The Commissioner 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 Commissioner 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 couseling 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 or regular physical activity, 
        exercise, music therapy, art therapy, and the 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 Commissioner 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 clause (16) of section 
        307(a);
          [(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 Commissioner 
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 Commissioner 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 Commissioner 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 Commissioner 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 Commissioner 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 Commissioner 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 Commissioner, 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 Commissioner 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 1995 (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 1471 of 
        the Elementary and Secondary Education Act of 1965 (20 
        U.S.C. 2891));
          [(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 
        Commissioner 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 projects under section 1015 of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 2025)).

[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 Commissioner 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 Commissioner.--Not later than 120 days 
after the end of a fiscal year for which funds are appropriated 
to carry out this subpart, the Commissioner 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, and 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 Commissioner 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.

                     [defintion 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 acocunt--
          [(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--Additional Assistance for Special Needs of Older Individuals

                          [program authorized

    [Sec. 351. The Commissioner 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 Commissioner 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 Commissioner 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 Commissioner shall consult with the Directors of the 
Centers for Disease Control and the National Institute on 
Aging.
    [(b) The Commissioner 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 1471 of the Elementary and Secondary 
                Education Act of 1965 (20 U.S.C. 2891); 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 Commissioner 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 Commissioner shall administer this title 
through the Administration.
    [(b) In carrying out the provisions of this title, the 
Commissioner may request the technical assistance and 
cooperation of the Department of Education, the National 
Institutes of Health, the Department of Veterans Affairs, and 
Alcohol, Drug Abuse, and Mental Health Administration, and such 
other agencies and departments of the Federal Government as may 
be appropriate.
    [(c) The Commissioner shall ensure that grants and 
contracts under this title are equitably awarded to agencies, 
organizations, and institutions representing minorities.
    [(d) The Commissioner 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 Commissioner 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 services 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 Commissioner 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 
Commissioner 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 
Commissioner 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 431(b), the 
Commissioner 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 Commissioner 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 Commissioner, policy-makers, 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 Commissioner 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 Commissioner 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 purposes 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 Commissioner 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 a the 
        Commissioner deems useful for the purpose of 
        formulating public policy;
          [(B) identify the future needs of older individuals;
          [(C) identify the kinds of 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 Commissioner 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 Commissioner 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 Commissioner 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 Commissioner 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 Commissioner 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; and
                  [(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 ACTION Agency 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 Commissioner shall consult with the Commissioner 
of the Rehabilitation Services Administration, the Commissioner 
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 Commissioner shall establish procedures for administering 
demonstration projects under subsection (b)(6) not later than 6 
months after the effective date of this subsection. The 
Commissioner 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 Commissioner 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 Center.--
          [(1) Grants and contracts.--The Commissioner 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 
                        impairmants;
                          [(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 Commissioner.
    [(c) Projects.--The Commissioner 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 Commissioner 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 Commissioner at such time, in such manner, and 
        containing such information as the Commissioner may 
        require.
          [(2) Project application.--An entity seeking a grant 
        or contract under subsection (c) shall submit an 
        application to the Commissioner 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 Commissioner 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 Commissioner 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 Commissioner 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 Commissioner 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 Commissioner 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 Commissioner 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 Commissioner 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 Commissioner 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 Commissioner on Aging 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 Commissioner on Aging deems appropriate.

 [consumer protection demonstration projects for services provided in 
                                the home

    [Sec. 428. (a)(1) The Commissioner 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 Commissioner at such time, in such 
manner, and containing such information as the Commissioner 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 Commissioner on the 
        activities conducted with assistance under this section 
        and the evaluation of such activities.
    [(c) In approving applications under this section, the 
Commissioner shall assure equitable geographic distribution of 
assistance.
    [(d) The Commissioner 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 Commissioner deems appropriate. In 
carrying out this section, the Commissioner 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 Commissioner 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 Commissioner 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 Commissioner 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 Commissioner at such time, 
in such manner, and accompanied by such information as the 
Commissioner 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 Commissioner 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 
Commissioner receives the reports described in subsection 
(f)(2), the Commissioner 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. 329A. SUPPORTIVE SERVICES IN FEDERALLY ASSISTED HOUSING 
                    DEMONSTRATION PROGRAM.

    [(a) Grants.--The Commissioner 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 Commissioner 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 
Commissioner at such time, in such manner, and containing such 
information as the Commissioner 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 Commissioner 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 Commissioner.
          [(2) Commissioner.--The Commissioner shall, not later 
        than 6 months after the end of the period for which the 
        Commissioner 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 Commissioner 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 Commissioner shall give preference to 
        applicants experienced in operating community programs 
        and programs meeting the independent living needs of 
        older individuals.
          [(3) Advisory board.--The Commissioner 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 Commissioner at such time, in such 
        manner, and containing such information as the 
        Commissioner 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 Commissioner 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 Commissioner 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 progams;
          [(4) provide ongoing analysis of and collection of 
        data on the neighborhood senior care programs and 
        provide such data to the Commissioner;
          [(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 Commissioner.

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

    [(a) Grants.--The Commissioner 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 Commissioner at such time, in such manner, 
and containing such information as the Commissioner may 
specify.
    [(c) Guidelines.--The Commissioner 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 Commissioner 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 
        Commissioner 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 Commissioner shall establish and 
carry out senior transportation demonstration programs. In 
carrying out the programs, the Commissioner 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 Commissioner shall give preference to entities 
        that--
                  [(A) demonstrates 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 Commissioner 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 Commissioner at such 
time, in such manner, and containing such information as the 
Commissioner 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 Commissioner; and
          [(5) such other information as may be required by the 
        Commissioner.
    [(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 Commissioner 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 Commissioner 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 Commissioner 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 Commissioner 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 issue that the 
                Commissioner 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 Commissioner 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 Commissioner shall consult with the Associate 
Commissioner on 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 Commissioner, 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 Development 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 Commissioner 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 
the section, a State agency shall submit an application to the 
Commissioner at such time, in such manner, and containing such 
information as the Commissioner may require.

[SEC. 429G. HOUSING DEMONSTRATION PROGRAMS.

    [(a) Housing Ombudsman Demonstration Programs.--
          [(1) Grants.--The Commissioner 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; and
          [(3) Award of grants.--The Commissioner 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 Commissioner at such time, in such 
        manner, and containing such information as the 
        Commissioner 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 Commissioner 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 law 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 Commissioner.
          [(2) Commissioner.--The Commissioner shall, not later 
        than 6 months after the end of the period for which the 
        Commissioner 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 Commissioner 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 Commissioner 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 Commissioner 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 Commissioner 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 Commissioner 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 (29 U.S.C. 1001 et seq.).
    [(b) Establishment.--The Commissioner 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 Commissioner 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 Commissioner shall 
                award under this subsection--
                          [(i) four grants to State agencies or 
                        area agencies on again; 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 Commissioner 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 Commissioner, 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 Commissioner at 
                such time, in such manner, and containing such 
                information as a Commissioner 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 Commissioner 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 Commissioner at such time, in such 
        manner, and containing such information as the 
        Commissioner may require.
    [(e) Duration.--The Commissioner may award grants under 
subsection (c) or (d) for periods not to exceed 18 months.
    [(f) Report to Congress.--
          [(1) Preparation.--The Commissioner 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 Commissioner 
        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 Commissioner;
          [(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 Commissioner deems it 
appropriate, the Commissioner 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 Commissioner 
may determine.
    [(c) The Commissioner 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 
Commissioner--
          [(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 commissioner

    [Sec. 433. (a) The Commissioner 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 Commissioner 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 Commissioner shall establish by regulation and 
implement a process to evaluate the results of projects and 
programs carried out under this title.
    [(2) The Commissioner 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 reduction in 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 reason 
        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 then 
        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.
    [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 reallocation 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 flex-time, 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 
Commissioner, 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 Commissioner 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 Commissioner, 
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 Commissioner 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 
optical 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 non-profit 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 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, eligibile individuals shall be deemed to 
satisfy the requirements of section 203 of such Act (29 U.S.C. 
1603) that are applicable to audits.

[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 I--GENERAL PROVISIONS

               Subtitle A--Core Objectives and Definitions

Sec. 101. Core objectives.
Sec. 102. Definitions.

                       Subtitle B--Administration

Sec. 111. Establishment of Administration on Aging.
Sec. 112. Functions of the Assistant Secretary.
Sec. 113. Reports.
Sec. 114. Reduction of paperwork.
Sec. 115. Surplus property eligibility.
Sec. 116. Treatment of costs.
Sec. 117. Disaster relief.
Sec. 118. Authorization of appropriations.

                           Subtitle C--Funding

Sec. 121. Allotments; Federal share.
Sec. 122. Authorization of appropriations.
Sec. 123. Additional funds available for nutrition services.

                    TITLE II--STATE PROGRAMS ON AGING

                     Subtitle A--General Provisions

Sec. 201. Eligibility of States.
Sec. 202. State plans.
Sec. 203. Planning, coordination, evaluation, and administration of 
          State plans.
Sec. 204. Payments.

           Subtitle B--State Long-Term Care Ombudsman Program

Sec. 211. Establishment.
Sec. 212. Requirements for State long-term care ombudsman program.

         Subtitle C--Senior Community Service Employment Program

Sec. 221. Short title.
Sec. 222. Definitions.
Sec. 223. Senior community service employment program.
Sec. 224. Participants not Federal employees.
Sec. 225. Employment assistance and Federal housing and food stamp 
          programs.

       Subtitle D--Disease Prevention and Health Promotion Program

Sec. 231. Establishment of grant program.
Sec. 232. Distribution to area agencies on aging.

                   TITLE III--LOCAL PROGRAMS ON AGING

                     Subtitle A--General Provisions

Sec. 301. Eligibility of local organizations.
Sec. 302. Area plans.
Sec. 303. Services provided by charitable, religious, or private 
          organizations.

           Subtitle B--Supportive Services and Senior Centers

Sec. 311. Program authorized.

                     Subtitle C--Nutrition Services

Sec. 321. Program authorized.
Sec. 322. Additional requirements.

               TITLE IV--NATIVE AMERICAN PROGRAMS ON AGING

Sec. 401. Grants for services to Native Americans.
Sec. 402. Applicants for grants.
Sec. 403. Distribution of funds among eligible organizations.
Sec. 404. Surplus educational facilities.
Sec. 405. Administration.
Sec. 406. Payments.
Sec. 407. Authorization of appropriations.

                      TITLE I--GENERAL PROVISIONS

              Subtitle A--Core Objectives and Definitions

SEC. 101. CORE OBJECTIVES.

  It is the purpose of this Act to fulfill the responsibility 
of the United States to assist older individuals to remain 
living independently and with dignity for as long as possible 
in their communities, and to encourage and assist State 
agencies, area agencies on aging, and Indian tribes in 
concentrating resources and collaborating with the private 
sector in order to--
          (1) 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 
        (including services to support multipurpose senior 
        centers), nutrition services, State long-term care 
        ombudsman programs, senior community service employment 
        programs, and disease prevention and health promotion 
        programs; and
          (2) achieve core objectives consisting of--
                  (A) securing and maintaining maximum 
                independence and dignity in a home environment 
                for older individuals capable of self-care with 
                appropriate supportive services and nutrition 
                services;
                  (B) removing individual and social barriers 
                to personal independence for older individuals;
                  (C) promoting a continuum of care for 
                vulnerable older individuals;
                  (D) fostering ways for older individuals to 
                receive managed in-home and community-based 
                long-term care services;
                  (E) ensuring that older individuals will be 
                protected against abuse, neglect, and 
                exploitation; and
                  (F) promoting employment opportunities and 
                community services for older individuals.

SEC. 102. DEFINITIONS.

  Except as otherwise provided in this Act, as used in this 
Act:
          (1) Abuse.--The term ``abuse'' means (except when the 
        term is used as part of the term ``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; adult children 
        with disabilities.--
                  (A) Adult child with a disability.--The term 
                ``adult child with a disability'' means a child 
                who--
                          (i) is 18 years of age or older;
                          (ii) is financially dependent on an 
                        older individual who is a parent of the 
                        child; and
                          (iii) has a disability.
                  (B) Adult children with disabilities.--The 
                term ``adult children with disabilities'' means 
                more than 1 adult child with a disability.
          (4) Alaska native.--The term ``Alaska Native'' means 
        an individual who is a member of an Alaska Native 
        organization.
          (5) Alaska native organization.--The term ``Alaska 
        Native organization'' means a Native village, regional 
        corporation, or village corporation, as defined in or 
        established pursuant to the Alaska Native Claims 
        Settlement Act (43 U.S.C. 1601 et seq.), 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 201(a)(2)(A), a State agency performing the 
        functions of an area agency on aging as the result of a 
        designation of the entire State as a single planning 
        and service area, or a State agency that is 
        administering a program under section 302(c)(3) (for 
        purposes of provisions relating to such program).
          (7) Assistant secretary.--The term ``Assistant 
        Secretary'' means the Assistant Secretary for Aging.
          (8) Assistive technology.--The term ``assistive 
        technology'' means technology, an engineering 
        methodology, or a scientific principle, 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 nonprofit 
        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 assessment, development, and 
                implementation, carried out in cooperation with 
                an older individual (or the caregiver or 
                caretaker of the individual, where 
                appropriate), of a care plan--
                          (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, environmental, 
                        economic, 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, including 
                        assistive technology, to meet the needs 
                        of the older individual, including 
                        coordination of the resources and 
                        services--
                                  (I) with the services 
                                identified in 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, including assistive 
                        technology, are being provided;
                          (iv) periodic reassessment and 
                        revision of the status of the older 
                        individual with--
                                  (I) the older individual; or
                                  (II) if appropriate, a 
                                caregiver or caretaker 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.--The term ``child'' means (except when 
        the term appears as part of the term ``adult child with 
        a disability'') an individual who is less than 18 years 
        of age.
          (14) 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 and recreational services, 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;
                  (I) services for a business, to the extent 
                permitted by section 223(b)(3); and
                  (J) such other services as the Secretary 
                determines by regulation to be essential and 
                necessary to the community.
          (15) Comprehensive and coordinated system.--The term 
        ``comprehensive and coordinated system'' means a system 
        for providing all necessary supportive services, and 
        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 nonprofit private agency, 
                organization, or institution;
                  (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.
          (16) Disability.--The term ``disability'' means 
        (except when the term is used as part of the term 
        ``severe disability'', ``developmental disabilities'', 
        ``physical and mental disabilities'', or ``physical 
        disabilities'') a condition attributable to a 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 
        major life activities:
                  (A) Self-care.
                  (B) Use of receptive and expressive language.
                  (C) Learning.
                  (D) Achievement of mobility.
                  (E) Self-direction.
                  (F) Independent living.
                  (G) Achievement of economic self-sufficiency.
                  (H) Cognitive functioning.
                  (I) Emotional adjustment.
          (17) Elder abuse, neglect, and exploitation.--The 
        term ``elder abuse, neglect, and exploitation'' means 
        abuse, neglect, and exploitation, of an older 
        individual.
          (18) 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.
          (19) Focal point.--The term ``focal point'' means an 
        entity that maximizes the collocation and coordination 
        of services for older individuals.
          (20) 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 2 
                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 3 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.
          (21) Greatest economic need.--The term ``greatest 
        economic need'' means the need resulting from an income 
        level at or below the poverty line.
          (22) 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, 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.
          (23) In-home services.--The term ``in-home services'' 
        includes--
                  (A) services of 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 programs carried out under 
                other Acts, except that not more than $150 per 
                client may be expended under this Act 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 202; and
                          (ii) by the area agency on aging in 
                        the area plan submitted in accordance 
                        with section 302.
          (24) Indian.--The term ``Indian'' means--
                  (A) except as used in title IV, an individual 
                who is a member of an Indian tribe; and
                  (B) as used in title IV, an individual who is 
                a member of an Indian tribe, as defined in 
                paragraph (25)(B).
          (25) Indian tribe.--The term ``Indian tribe'' means--
                  (A) except as used in title IV, any tribe, 
                band, nation, or other organized group or 
                community that is--
                          (i) recognized as eligible for the 
                        special programs and services provided 
                        by the United States to Indians because 
                        of their status as Indians; or
                          (ii) located on, or in proximity to, 
                        a Federal reservation or rancheria; and
                  (B) as used in title IV, any tribe, band, 
                nation, or other organized group or community 
                that is recognized as eligible for the special 
                programs and services provided by the United 
                States to Indians because of their status as 
                Indians.
          (26) Information and assistance service.--The term 
        ``information and assistance service'' means a service 
        for older individuals that--
                  (A) provides the individuals with current 
                information (as of the date the information is 
                provided) 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) educates the individuals about insurance 
                benefits and public benefits (including various 
                health care benefit options available to 
                qualified medicare beneficiaries, as defined in 
                section 1905(p) of the Social Security Act (42 
                U.S.C. 1396d(p)), within an area, such as fee-
                for-service options, health maintenance 
                organization and other managed care options, 
                and benefits through medicare supplemental 
                policies);
                  (E) 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
                  (F) serves an entire community of older 
                individuals, particularly--
                          (i) older individuals with greatest 
                        social need; and
                          (ii) older individuals with greatest 
                        economic need.
          (27) 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.
          (28) Legal assistance.--The term ``legal 
        assistance''--
                  (A) means legal advice and representation 
                provided by an attorney to an older individual 
                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 to such an older 
                        individual; and
                          (ii) counseling or representation by 
                        a nonlawyer where permitted by law to 
                        such an older individual.
          (29) 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) as used in section 212, a board and care 
                facility; and
                  (D) any other adult care home similar to a 
                facility or institution described in 
                subparagraph (A), (B), or (C).
          (30) Low-income.--The term ``low-income'', used with 
        respect to an individual, means--
                  (A) except as used in subtitle C of title II, 
                an individual who is a member of a family that 
                has an income that is not more than 150 percent 
                of the poverty line; and
                  (B) as used in subtitle C of title II, an 
                individual who is a member of a family that has 
                an income that is not more than 125 percent of 
                the poverty line.
          (31) 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)).
          (32) Multipurpose senior center.--The term 
        ``multipurpose senior center'' means a community 
        facility for the organization and provision of a broad 
        spectrum of services for older individuals, which may 
        include the provision of health (including mental 
        health), social, nutritional, and educational services 
        and the provision of facilities for recreational 
        activities, for older individuals.
          (33) Native american.--The term ``Native American'' 
        means--
                  (A) an Indian;
                  (B) an Alaska Native; or
                  (C) a Native Hawaiian.
          (34) 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.
          (35) 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.
          (36) Nonprofit.--The term ``nonprofit'', used with 
        respect to any agency, institution, or organization, 
        means an agency, institution, or organization that is, 
        or is owned and operated by, 1 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.
          (37) Nutrition services.--The term ``nutrition 
        services'' means the services authorized to be provided 
        through a project carried out under subtitle C of title 
        III (including similar services provided under title 
        IV).
          (38) Older individual.--The term ``older individual'' 
        means--
                  (A) except as used in subtitle C of title II, 
                an individual who is 60 years of age or older; 
                and
                  (B) as used in subtitle C of title II, an 
                individual who is 55 years of age or older.
          (39) 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)).
          (40) Physical harm.--The term ``physical harm'' means 
        bodily injury, bodily impairment, or disease.
          (41) Planning and service area.--The term ``planning 
        and service area'' means an area designated by a State 
        agency under section 201(a)(1)(E), including a single 
        planning and service area described in section 
        301(a)(1)(E), an area designated as described in 
        subsection (c), (d), or (e) of section 201, and a 
        remaining area described in section 201(c)(2).
          (42) Poverty line.--The term ``poverty line'' means 
        the poverty line (as defined by the Office of 
        Management and Budget, and revised annually by the 
        Secretary in accordance with section 673(2) of the 
        Community Services Block Grant Act (42 U.S.C. 9902(2)) 
        applicable to a family of the size involved.
          (43) 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 (42 U.S.C. 1396d(p));
                  (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.
          (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 a 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 (I) of paragraph (16).
          (47) State.--The term ``State'' means any of the 
        several States, 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.
          (48) State agency.--The term ``State agency'' means 
        the agency designated under section 201(a)(1).
          (49) Supportive service.--The term ``supportive 
        service'' means a service described in section 311.
          (50) Tribal organization.--
                  (A) In general.--Except as used in title IV, 
                the term ``tribal organization'' means--
                          (i) the recognized governing body of 
                        an Indian tribe;
                          (ii) the legally established 
                        organization of Indians that is 
                        controlled, sanctioned, or chartered by 
                        the recognized governing body of an 
                        Indian tribe;
                          (iii) 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 the activities 
                        of the organization; and
                          (iv) a public or nonprofit private 
                        organization that is primarily 
                        controlled by and comprised of Indians 
                        or Indian tribes.
                  (B) Title iv.--
                          (i) Definition.--As used in title IV, 
                        the term ``tribal organization'' 
                        means--
                                  (I) the recognized governing 
                                body of an Indian tribe;
                                  (II) the legally established 
                                organization of Indians that is 
                                controlled, sanctioned, or 
                                chartered by the recognized 
                                governing body of an Indian 
                                tribe; and
                                  (III) 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 the 
                                activities of the organization.
                          (ii) Clarification.--As used in this 
                        subparagraph, the terms ``Indian'' and 
                        ``Indian tribe'' have the meanings 
                        given the terms in paragraphs (24)(B) 
                        and (25)(B), respectively.
          (51) Unit of general purpose local government.--The 
        term ``unit of general purpose local government'' means 
        a political subdivision of a State, whose authority is 
        general and not limited to only 1 function or 
        combination of related functions.

                       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, acting 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 the Administration of the State 
Long-Term Care Ombudsman Program.--The Assistant Secretary 
shall designate an employee of the Administration who shall be 
responsible, under the supervision of the Assistant Secretary, 
for the administration of the State long-term care ombudsman 
program carried out under this Act.
  (d) Designation Relating to the Administration of the Senior 
Community Service Employment Program.--The Assistant Secretary 
shall designate an employee of the Administration who shall be 
responsible, under the supervision of the Assistant Secretary, 
for the administration of subtitle C of title II.
  (e) Designation Relating to the Administration of Nutrition 
Services.--
          (1) In general.--The Assistant Secretary shall 
        designate an employee of the Administration who shall 
        be responsible, under the supervision of the Assistant 
        Secretary, for the administration of subtitle C of 
        title III.
          (2) Qualifications.--The employee described in 
        paragraph (1) shall--
                  (A) have expertise in nutrition and dietary 
                services and planning; and
                  (B)(i) be a registered dietitian;
                  (ii) be a credentialed nutrition 
                professional; or
                  (iii) have education and training that is 
                substantially equivalent, as determined by the 
                Assistant Secretary, to the education and 
                training for a registered dietitian or a 
                credentialed nutrition professional.
  (f) Designation Relating to the Administration of Programs 
Affecting Native Americans.--The Assistant Secretary shall 
designate an employee of the Administration who has expertise 
with respect to programs and services affecting Native 
Americans, to be responsible, under the supervision of the 
Assistant Secretary, for the administration of title IV and for 
coordination of other programs, projects, and activities 
carried out under this Act that affect Native Americans.

SEC. 112. FUNCTIONS OF THE ASSISTANT SECRETARY.

  (a) Duties.--The duties of the Assistant Secretary are as 
follows:
          (1) Administration.--The Assistant Secretary shall 
        effectively carry out this Act by administering grants 
        made and contracts entered into under this Act, and 
        carrying out programs under this Act.
          (2) Technical assistance and consultation for 
        political subdivisions, and tribal organizations.--The 
        Assistant Secretary shall provide technical assistance 
        to, and consult with, States, political subdivisions of 
        States, and tribal organizations, with respect to 
        programs for older individuals and aging.
          (3) Assistance to secretary.--The Assistant Secretary 
        shall directly assist the Secretary in all matters 
        pertaining to problems of older individuals and aging.
          (4) Coordination of and assistance in planning.--The 
        Assistant Secretary shall coordinate, and assist in, 
        the planning and development by public agencies 
        (including Federal, State, and local agencies and 
        tribal organizations) and private agencies and 
        organizations of programs for older individuals to 
        facilitate the establishment of a nationwide network of 
        comprehensive, coordinated services, and opportunities, 
        for older individuals.
          (5) Statistical data regarding assisted activities.--
        The Assistant Secretary shall collect, for each fiscal 
        year beginning after September 30, 1996, directly or by 
        contract, statistical data regarding services and 
        activities provided with funds made available under 
        this Act, including--
                  (A) with respect to each type of service or 
                activity provided with such funds (except any 
                service or activity relating to the State long-
                term care ombudsman program carried out under 
                this Act--
                          (i) the aggregate amount of such 
                        funds expended to provide such service 
                        or activity;
                          (ii) the unduplicated number of 
                        individuals who received such service 
                        or participated in such activity;
                          (iii) the unduplicated number of low-
                        income minority individuals who 
                        received such service or participated 
                        in such activity; and
                          (iv) the number of units of such 
                        service or activity provided;
                  (B)(i) State long-term care ombudsman program 
                data, including numbers, types, and disposition 
                of cases and complaints;
                  (ii) major institutional care issues 
                identified and addressed by the State long-term 
                care ombudsman program; and
                  (iii) data on the statewide program 
                development, operations, and outreach of such 
                program; and
                  (C) the number of multipurpose senior centers 
                that received such funds.
          (6) Uniform data collection procedures.--The 
        Assistant Secretary, in order to facilitate the 
        collection of data described in paragraph (5), shall, 
        not later than 1 year after the date of enactment of 
        the Older Americans Amendments of 1996--
                  (A) design and implement uniform data 
                collection procedures for use by State 
                agencies, including--
                          (i) standardized data collection 
                        procedures;
                          (ii) procedures for collecting 
                        information regarding gaps in services 
                        needed by older individuals, as 
                        identified by service providers who 
                        assist older individuals by providing, 
                        collectively, supportive services and 
                        nutrition services; and
                          (iii) procedures for assessing the 
                        unmet need for services provided under 
                        this Act; and
                  (B) prescribe uniform definitions and 
                nomenclature for the categories of data to be 
                collected (including standard definitions of 
                terms, such as the term ``resolution of a 
                complaint'', to be used under the State long-
                term care ombudsman program carried out under 
                this Act).
          (7) Advocacy.--The Assistant Secretary shall 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 all 
        Federal policies affecting older individuals.
          (8) Information on community resources.--The 
        Assistant Secretary shall establish and operate, 
        directly or by grant or contract, a nationwide toll-
        free telephone line that provides information and 
        assistance that--
                  (A) enable individuals to locate community 
                resources that may be available to older 
                individuals and their caregivers; and
                  (B) build on, support, and are fully 
                coordinated with the activities of State 
                agencies and area agencies on aging.
  (b) Federal Agency Consultation.--The Assistant Secretary, in 
carrying out the purpose and provisions of this Act, shall 
coordinate activities with, advise, consult with, and cooperate 
with the head of each department, agency, or instrumentality of 
the Federal Government proposing or administering a program or 
service substantially related to the purpose of this Act, with 
respect to such program or service. The Assistant Secretary, in 
carrying out this Act, may request the technical assistance and 
cooperation of the heads of such departments, agencies, and 
instrumentalities of the Federal Government as the Assistant 
Secretary considers to be appropriate. 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 
coordinate activities, consult, and cooperate with the 
Assistant Secretary, with respect to such program or service.
  (c) Powers.--In carrying out this Act, the Assistant 
Secretary may exercise the following powers:
          (1) Consultation; technical assistance.--The 
        Assistant Secretary may consult with and provide 
        technical assistance to public or nonprofit private 
        agencies, organizations, and institutions.
          (2) Training; technical instruction.--The Assistant 
        Secretary may provide short-term training and technical 
        instruction to public or non-profit private agencies, 
        organizations, and institutions.
          (3) Grants and contracts.--
                  (A) In general.--The Assistant Secretary, 
                using funds appropriated under section 118(b), 
                may make grants to States, public or nonprofit 
                private agencies, organizations, and 
                institutions, and tribal organizations, and may 
                enter into contracts with such agencies, 
                organizations, and institutions, and with 
                individuals, for activities--
                          (i) to design, to test, and to 
                        promote utilization of innovative ideas 
                        and best practices in programs and 
                        services for older individuals;
                          (ii) to help meet the needs for 
                        trained personnel in fields related to 
                        aging; and
                          (iii) to increase the awareness of 
                        citizens of all ages of the need to 
                        assume personal responsibility for 
                        their aging through--
                                  (I) education and training to 
                                develop an adequately trained 
                                workforce to work with and on 
                                behalf of older individuals;
                                  (II) research and policy 
                                analysis to improve access to 
                                and delivery of services for 
                                older individuals;
                                  (III) development of methods 
                                and practices to improve 
                                quality and effectiveness of 
                                such services;
                                  (IV) demonstration of new 
                                approaches to design, delivery, 
                                and coordination of services 
                                and activities for older 
                                individuals;
                                  (V) technical assistance in 
                                planning, development, 
                                implementation, evaluation, and 
                                improvement of programs, 
                                projects, and activities under 
                                this Act; and
                                  (VI) dissemination of 
                                information on issues related 
                                to aging and their impact on 
                                individuals and society and 
                                information relating to 
                                services and activities 
                                benefiting older individuals.
                  (B) Application.--To be eligible to receive a 
                grant or enter into a contract under this 
                paragraph, an entity or individual shall submit 
                an application to the Assistant Secretary at 
                such time, in such form, and containing such 
                information as the Secretary may by rule 
                require.
          (4) Measurement and evaluation.--
                  (A) In general.--The Assistant Secretary may 
                provide for the measurement and evaluation of--
                          (i) the impact of all activities 
                        authorized under this Act;
                          (ii) the effectiveness of the 
                        activities in achieving the stated 
                        goals of the activities, in general and 
                        in relation to the cost of the 
                        activities;
                          (iii) the impact of the activities on 
                        related programs;
                          (iv) the effectiveness of the 
                        activities in targeting for services 
                        under this Act older individuals with 
                        the greatest economic need and older 
                        individuals with the greatest social 
                        need; and
                          (v) the structure and mechanisms of 
                        the activities for delivery of 
                        services, including, where appropriate, 
                        comparisons with delivery of services 
                        to appropriate control groups, composed 
                        of persons who have not participated in 
                        such activities.
                  (B) Persons conducting measurement and 
                evaluation.--Measurement and evaluation of 
                activities under subparagraph (A) shall be 
                conducted by persons who are not immediately 
                involved in the administration of the 
                activities.
          (5) National center on elder abuse.--The Assistant 
        Secretary may provide, through grants or contracts, for 
        the operation of a National Center on Elder Abuse to--
                  (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.

SEC. 113. REPORTS.

  (a) In General.--Not later than 120 days after the end of 
each fiscal year that begins after September 30, 1996, the 
Assistant Secretary shall prepare and submit to the President 
and to Congress a complete report on the programs, projects, 
and activities carried out under this Act in such fiscal year.
  (b) Contents.--Such report shall include--
          (1) statistical data on services and activities 
        provided under this Act for older individuals during 
        the fiscal year for which such report is submitted;
          (2) statistical data collected under section 
        112(a)(5); and
          (3) statistical data, and an analysis of information, 
        regarding the effectiveness of the State agencies 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.

SEC. 114. 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 employees of the Administration for information 
made 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 determines to be essential to carry out the 
purpose and provisions of this Act and, in gathering such 
information, shall make use of uniform definitions and 
nomenclature to the extent that such definitions and 
nomenclature are available.

SEC. 115. SURPLUS PROPERTY ELIGIBILITY.

  Any State or local government agency, and any nonprofit 
private organization or institution, that receives funds 
appropriated for an activity for older individuals under this 
Act, under title IV or XX of the Social Security Act (42 U.S.C. 
601 et seq. or 1397 et seq.), under title VIII or X of the 
Economic Opportunity Act of 1964 (42 U.S.C. 2991 et seq. or 
2996 et seq.), or under the Community Services Block Grant Act 
(42 U.S.C. 9901 et seq.), shall be deemed eligible to receive 
for such activity, property that is declared surplus to the 
needs of the Federal Government in accordance with laws 
applicable to surplus property.

SEC. 116. TREATMENT OF COSTS.

  No part of the costs of any activity carried out under this 
Act (other than any wage or salary to any eligible individual) 
may be treated as income or benefits of any eligible individual 
for the purpose of any other activity or provision of Federal 
or State law.

SEC. 117. DISASTER RELIEF.

  (a) Reservation of Amounts.--At the beginning of each fiscal 
year, the Assistant Secretary shall reserve a portion equal to 
.06 percent of the total amount appropriated under subsections 
(d) and (e) of section 122 for such fiscal year, to provide 
assistance to entities under this section.
  (b) Assistance.--The Assistant Secretary may provide 
assistance to eligible entities for the delivery of supportive 
services, nutrition services, and related supplies during any 
major disaster declared by the President under the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5121 et seq.).
  (c) Eligible Entities.--To be eligible to receive assistance 
under this section, an entity shall be a recipient of funding 
under this Act (other than this section).
  (d) Applications.--To be eligible to receive assistance 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 
require.
  (e) Unused Funds.--Funds that are reserved under subsection 
(a) for a fiscal year and that are not distributed by the end 
of the fiscal year shall be allotted to States as provided in 
section 121(c), for use in the following fiscal year.
  (f) Clarification.--Nothing in this section shall be 
construed to prohibit recipients of assistance under this 
section from making expenditures for disaster relief for older 
individuals, in excess of amounts provided under this section, 
by using funds made available to the recipients under another 
section of this Act, under another provision of Federal or 
State law, or from a private source.

SEC. 118. AUTHORIZATION OF APPROPRIATIONS.

  (a) Administration.--There are authorized to be appropriated 
to the Administration to carry out this Act (except to make 
grants and enter into contracts under paragraph (3) or (5) of 
section 112(c) and to carry out section 112(a)(8)) such sums as 
may be necessary for fiscal years 1997 through 2001.
  (b) Innovative Approaches and Best Practices; Information on 
Community Resources; National Center on Elder Abuse.--There are 
authorized to be appropriated to the Administration to carry 
out paragraphs (3) and (5) of section 112(c) and section 
112(a)(8) such sums as may be necessary for fiscal years 1997 
through 2001.

                          Subtitle C--Funding

SEC. 121. ALLOTMENTS; FEDERAL SHARE.

  (a) Allotment of Funds for Ombudsman Program.--
          (1) Population.--Subject to paragraph (2), in 
        carrying out the program described in subtitle B of 
        title II, the Assistant Secretary shall allot to each 
        State, from the funds appropriated under section 122(a) 
        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.--The amounts allotted under 
        paragraph (1) shall be reduced proportionately to the 
        extent necessary to increase other allotments made 
        under such paragraph to achieve the following:
                  (A) States.--Each State shall be allotted not 
                less than \1/2\ of 1 percent of the funds 
                appropriated under section 122(a) for the 
                fiscal year for which the determination is 
                made.
                  (B) Guam; virgin islands.--Guam and the 
                Virgin Islands of the United States shall each 
                be allotted not less than \1/4\ of 1 percent of 
                the funds appropriated under section 122(a) for 
                the fiscal year for which the determination is 
                made.
                  (C) American samoa; northern mariana 
                islands.--American Samoa and the Commonwealth 
                of the Northern Mariana Islands shall each be 
                allotted not less than \1/16\ of 1 percent of 
                the funds appropriated under section 122(a) for 
                the fiscal year for which the determination is 
                made.
          (3) Limitation.--For the purposes of paragraph (2), 
        the term `State' does not include Guam, American Samoa, 
        the Virgin Islands of the United States, or the 
        Commonwealth of the Northern Mariana Islands.
          (4) Population determinations.--For purposes of this 
        subsection, the number of older individuals in each 
        State 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) Allotment of Funds for Senior Community Service 
Employment Program.--
          (1) Reservation of funds for tribal organizations.--
        Of the amount appropriated under section 122(b) for 
        each of fiscal years 1997 through 2001, the Assistant 
        Secretary shall reserve not more than 1.3 percent for 
        making grants under subtitle C of title II to tribal 
        organizations.
          (2) Allotment of funds for fiscal years 1997 through 
        2001.--
                  (A) Allotment.--After reserving funds under 
                paragraph (1), the Assistant Secretary shall 
                allot the remainder of the amount appropriated 
                under section 122(b) for each of fiscal years 
                1997 through 2001 among the States as follows:
                          (i) Fiscal years 1997 through 1999.--
                        For each of fiscal years 1997, 1998, 
                        and 1999--
                                  (I) each State shall be 
                                allotted an amount equal to the 
                                product of--
                                          (aa) the base 
                                        percentage rate for 
                                        such fiscal year; and
                                          (bb) a sum that bears 
                                        the same ratio to such 
                                        remainder for such 
                                        fiscal year as the 
                                        amount of funds 
                                        allotted to such State 
                                        for fiscal year 1995 to 
                                        carry out title V (as 
                                        in effect on the day 
                                        before the date of 
                                        enactment of the Older 
                                        Americans Amendments of 
                                        1996) bears to the 
                                        total amount allotted 
                                        to all States for 
                                        fiscal year 1995 to 
                                        carry out such title; 
                                        and
                                  (II) the balance of the 
                                remainder for such fiscal year 
                                shall be allotted in accordance 
                                with subparagraph (C).
                          (ii) Fiscal years 2000 and 2001.--
                        After reserving funds under paragraph 
                        (1), the Assistant Secretary shall 
                        allot the balance of the amount 
                        appropriated under section 122(b) for 
                        each of fiscal years 2000 and 2001 in 
                        accordance with subparagraph (C).
                  (B) Base percentage rates.--For purposes of 
                subparagraph (A)(i)(I), the base percentage 
                rates shall be the following:

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

                  (C) Allotments based on age and per capita 
                income.--Each balance referred to in clauses 
                (i)(II) and (ii) of subparagraph (A) for a 
                fiscal year shall be allotted as follows:
                          (i) Allotment.--Subject to clause 
                        (ii), each State shall be allotted an 
                        amount equal to the product of--
                                  (I) the allotment percentage 
                                of the State; and
                                  (II) a sum that bears the 
                                same ratio to such balance for 
                                such fiscal year as the number 
                                of individuals 55 years of age 
                                or older in the State bears to 
                                the population of such 
                                individuals in all States.
                          (ii) Reduction.--The amounts allotted 
                        under clause (i) shall be reduced 
                        proportionately to the extent necessary 
                        to increase other allotments made under 
                        such clause to achieve the following:
                                  (I) States.--Each State shall 
                                be allotted not less than \1/2\ 
                                of 1 percent of the balance for 
                                the fiscal year for which the 
                                determination is made.
                                  (II) Other jurisdictions.--
                                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 
                                balance for the fiscal year for 
                                which the determination is made 
                                or $50,000, whichever is 
                                greater.
                  (D) Allotment percentage.--For purposes of 
                subparagraph (C)(i)--
                          (i) except as provided in clauses 
                        (ii) through (iv), the allotment 
                        percentage of each State shall be 100 
                        percent less the percentage that 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;
                          (ii) the allotment percentage for 
                        each State shall be not more than 75 
                        percent and not less than 33\1/3\ 
                        percent;
                          (iii) the allotment percentage for 
                        Guam, American Samoa, the Virgin 
                        Islands of the United States, and the 
                        Commonwealth of the Northern Mariana 
                        Islands shall be 75 percent; and
                          (iv) subject to clause (ii), the 
                        allotment percentage for a State whose 
                        allotment percentage is not adjusted 
                        under clause (ii) or (iii) shall be 
                        adjusted proportionately to the extent 
                        necessary to achieve the percentages 
                        required under such clauses.
                  (E) Limitation.--For purposes of 
                subparagraphs (C)(ii)(I) and (D)(i), the term 
                ``State'' does not include Guam, American 
                Samoa, the Virgin Islands of the United States, 
                or the Commonwealth of the Northern Mariana 
                Islands.
                  (F) 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 recent data available from 
                the Bureau of the Census and other reliable 
                demographic data satisfactory to the Assistant 
                Secretary.
  (c) Allotment of Funds for Supportive Services and 
Multipurpose Senior Centers, and Nutrition Services.--
          (1) Reservation and allotment of funds for 
        territories.--
                  (A) In general.--After reserving funds under 
                section 117(a) for each of fiscal years 1997 
                through 2001, the Assistant Secretary shall 
                reserve not less than 0.625 percent of the 
                remainder of the sum of the amounts 
                appropriated under subsections (d) and (e) of 
                section 122 for each of such fiscal years for 
                making allotments to Guam, American Samoa, the 
                Virgin Islands of the United States, and the 
                Commonwealth of the Northern Mariana Islands.
                  (B) Allotments.--
                          (i) Guam; virgin islands.--Guam and 
                        the Virgin Islands of the United States 
                        shall each be allotted not less than 
                        \1/4\ of 1 percent of the remainder 
                        described in subparagraph (A) for each 
                        of fiscal years 1997 through 2001.
                          (ii) American samoa; northern mariana 
                        islands.--American Samoa and the 
                        Commonwealth of the Northern Mariana 
                        Islands shall each be allotted not less 
                        than \1/16\ of 1 percent of the 
                        remainder described in subparagraph (A) 
                        for each of fiscal years 1997 through 
                        2001.
          (2) Allotment of funds to states.--
                  (A) Allotment.--Except as provided in 
                subparagraph (B), from the balance of the sum 
                of the amounts appropriated under subsections 
                (d) and (e) of section 122 for each of fiscal 
                years 1997 through 2001 that remains after the 
                reservations made under section 117(a) and 
                paragraph (1), the Assistant Secretary shall 
                allot to each State the product of--
                          (i) the balance;
                          (ii) the elderly in-need percentage 
                        for the State; and
                          (iii) the older Americans Federal 
                        percentage for the State.
                  (B) Adjustments.--
                          (i) Older americans federal 
                        percentage.--For purposes of this 
                        paragraph, the older Americans Federal 
                        percentage for a State shall be not 
                        less than .32 and not more than .36.
                          (ii) State minimum.--Each State shall 
                        be allotted, under this paragraph, not 
                        less than \1/2\ of 1 percent of the 
                        remainder described in paragraph (1)(A) 
                        for each fiscal year.
                          (iii) Maintenance of fiscal year 1995 
                        assistance.--
                                  (I) Higher appropriation 
                                year.--As used in subclause 
                                (II), the term ``higher 
                                appropriation year'' means a 
                                fiscal year for which the sum 
                                of the amounts appropriated 
                                under subsections (d) and (e) 
                                of section 122 equals or is 
                                greater than the total amount 
                                appropriated for fiscal year 
                                1995 to carry out activities 
                                under titles III and VII, other 
                                than under section 311 or 
                                chapter 2 of subtitle A of 
                                title VII (as such titles, 
                                section, and chapter were in 
                                effect on September 30, 1994).
                                  (II) Allotment for higher 
                                appropriation year.--For any 
                                higher appropriation year, each 
                                State that received funds in an 
                                amount of less than $4,310,000 
                                for fiscal year 1995 to carry 
                                out activities described in 
                                subclause (I), shall be 
                                allotted, under this paragraph, 
                                not less than such amount.
                                  (III) Lower appropriation 
                                year.--As used in subclause 
                                (IV), the term ``lower 
                                appropriation year'' means a 
                                fiscal year that is not a 
                                higher appropriation year.
                                  (IV) Allotment for lower 
                                appropriation year.--For any 
                                lower appropriation year, each 
                                State referred to in subclause 
                                (II) shall be allotted, under 
                                this paragraph, not less than 
                                an amount that bears the same 
                                ratio to the sum of the amounts 
                                appropriated under subsections 
                                (d) and (e) of section 122 for 
                                the fiscal year as the amount 
                                received by the State to carry 
                                out activities described in 
                                subclause (I) for fiscal year 
                                1995 bears to the total amount 
                                received by all States to carry 
                                out such activities for fiscal 
                                year 1995.
                          (iv) Maintenance of fiscal year 1997 
                        increase.--
                                  (I) Higher appropriation 
                                year.--As used in subclause 
                                (II), the term ``higher 
                                appropriation year'' means a 
                                fiscal year for which the sum 
                                of the amounts appropriated 
                                under subsections (d) and (e) 
                                of section 122 equals or is 
                                greater than the sum of the 
                                amounts so appropriated for 
                                fiscal year 1997.
                                  (II) Allotment of higher 
                                appropriation year.--Each State 
                                that received a percentage 
                                increase in an allotment for 
                                fiscal year 1997 that is 
                                greater than the percentage 
                                increase in the total of the 
                                allotments made to States for 
                                fiscal year 1997 shall be 
                                allotted, under this paragraph, 
                                for each subsequent higher 
                                appropriation year, not less 
                                than the amount of the 
                                allotment received by the State 
                                under this paragraph for fiscal 
                                year 1997.
                                  (III) Lower appropriation 
                                year.--As used in subclause 
                                (IV), the term ``lower 
                                appropriation year'' means a 
                                fiscal year subsequent to 
                                fiscal year 1997 that is not a 
                                higher appropriation year.
                                  (IV) Allotment for lower 
                                appropriation year.--For any 
                                lower appropriation year, each 
                                State referred to in subclause 
                                (II) shall be allotted, under 
                                this paragraph, not less than 
                                an amount that bears the same 
                                ratio to the sum of the amounts 
                                appropriated under subsections 
                                (d) and (e) of section 122 for 
                                the fiscal year as the 
                                allotment received by the State 
                                under this paragraph for fiscal 
                                year 1997 bears to the total of 
                                the allotments received by all 
                                States under this paragraph for 
                                fiscal year 1997.
                          (v) Ceiling.--No State may receive a 
                        larger percentage increase in an 
                        allotment for a fiscal year than the 
                        sum of--
                                  (I) the percentage increase 
                                in the total of the allotments 
                                made to States for the fiscal 
                                year; and
                                  (II) 3.75 percent.
                          (vi) Floor.--No State may receive a 
                        smaller percentage increase in an 
                        allotment for a fiscal year than--
                                  (I) the percentage increase 
                                in the total of the allotments 
                                made to States for the fiscal 
                                year; minus
                                  (II) 4.00 percent.
                          (vii) Pro rata adjustment.--After 
                        making the allotments described in 
                        subparagraph (A), the Assistant 
                        Secretary shall adjust the allotments 
                        on a pro rata basis in accordance with 
                        clauses (i) through (vi).
                          (viii) Percentage increase.--As used 
                        in this subparagraph, the term 
                        ``percentage increase'', used with 
                        respect to the allotment of a State for 
                        a fiscal year, means the percentage by 
                        which the allotment of the State under 
                        this paragraph for the fiscal year is 
                        greater than the allotment of the State 
                        under this paragraph for the previous 
                        fiscal year.
          (3) Federal share requirement.--
                  (A) In general.--A State that receives an 
                allotment under this subsection for a fiscal 
                year shall use funds made available through the 
                allotment to pay for the Federal share of the 
                cost of carrying out subtitles B and C of title 
                III for such fiscal year.
                  (B) Federal share.--The Federal share of the 
                cost of carrying out such subtitles shall be 
                not more than 85 percent.
                  (C) Non-federal share.--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.
  (d) Permitted Use of Allotments.--
          (1) Administration of state plans.--
                  (A) States.--Except as provided in 
                subparagraph (B), an amount equal to the 
                greater of 5 percent, or $500,000, of the 
                aggregate of the allotments made under 
                subsections (a) and (c) and the assistance made 
                available under section 231 to a State for a 
                fiscal year shall be available to the State to 
                use for such fiscal year in accordance with 
                section 203(a).
                  (B) Other jurisdictions.--In the case of 
                allotments made under subsections (a) and (c) 
                and assistance made available under section 231 
                to Guam, American Samoa, the Virgin Islands of 
                the United States, or the Commonwealth of the 
                Northern Mariana Islands, an amount equal to 
                the greater of 5 percent, or $100,000, of the 
                aggregate of such allotments and assistance for 
                a fiscal year shall be available to the State 
                to use for such fiscal year in accordance with 
                section 203(a).
          (2) Application to use additional funds.--
                  (A) Determination.--If a State submits an 
                application in which the State requests 
                permission to use additional funds, above the 
                amount that would otherwise be permitted under 
                paragraph (1), from the aggregate of the 
                allotments and assistance described in 
                subparagraph (A) or (B), as appropriate, of 
                paragraph (1) in accordance with section 
                203(a), the Assistant Secretary may approve the 
                application if the Assistant Secretary 
                determines, based on a particularized showing 
                of need, that--
                          (i) the State will be unable to fully 
                        and effectively administer the State 
                        plan of the State submitted under 
                        section 202 and to carry out programs, 
                        projects, and activities authorized 
                        under subtitles B and D of title II, 
                        and subtitles B and C of title III, 
                        unless the additional funds are made 
                        available by the Assistant Secretary;
                          (ii) the State is making full and 
                        effective use of the allotments and 
                        assistance described in subparagraph 
                        (A) or (B), as appropriate, of 
                        paragraph (1) and of the personnel of 
                        the State agency and area agencies on 
                        aging in the administration of the 
                        State plan in accordance with section 
                        203(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 objectives of subtitles B and D 
                        of title II and subtitles B and C of 
                        title III.
                  (B) Part of additional funds.--Subject to 
                subparagraph (C), the Assistant Secretary may 
                approve such use of any part of the additional 
                funds requested in such application that the 
                Assistant Secretary determines is justified in 
                such application.
                  (C) Limit on amount.--The additional funds 
                available under this paragraph to a particular 
                State for such use for any fiscal year may not 
                exceed \3/4\ of 1 percent of the aggregate of 
                the allotments and assistance described in 
                subparagraph (A) or (B), as appropriate, of 
                paragraph (1) that are provided to the State 
                for such fiscal year.
                  (D) Assurances.--
                          (i) In general.--The Assistant 
                        Secretary may not approve an 
                        application submitted under 
                        subparagraph (A) by a State unless the 
                        application contains the assurance 
                        described in clause (ii).
                          (ii) Prohibition on replacement of 
                        employees with participants supported 
                        under this act.--The application shall 
                        contain an assurance that the State 
                        will not use any funds made available 
                        under this paragraph for the use 
                        described in subparagraph (A) to hire 
                        any individual to fill a job opening 
                        created by an action of the State that 
                        consists of laying off or terminating 
                        the employment of any regular employee 
                        not supported under this Act in 
                        anticipation of filling the job opening 
                        so created by hiring a participant to 
                        be supported through use of such funds.
          (3) Additional use.--Of the amount that is made 
        available to a State through allotments made under 
        subsections (a) and (c) and assistance made available 
        under section 231 for a fiscal year and that remains 
        after the application of paragraphs (1) and (2), such 
        part as the State agency determines to be appropriate, 
        but not more than 10 percent of such remaining amount, 
        may be used to pay such percentage as the State agency 
        determines to be appropriate, but not more than 85 
        percent, of the administrative costs incurred to carry 
        out area plans submitted in accordance with section 
        302.
          (4) Ombudsman program.--Of the amount that is made 
        available to a State for supportive services (including 
        services to support multipurpose senior centers) 
        through an allotment made under subsection (c) for a 
        fiscal year and that remains after the application of 
        paragraphs (1), (2), and (3), such amount as the State 
        agency determines to be adequate for conducting an 
        effective ombudsman program in accordance with subtitle 
        B of title II shall be available for conducting such 
        program.
  (e) Reallotment.--If any part of the amount allotted under a 
subsection of this section to a State for a fiscal year is not 
distributed to the State for such fiscal year, such part shall 
be reallotted under such subsection for such fiscal year to the 
remaining eligible States.
  (f) Definitions.--For purposes of subsection (c):
          (1) Elderly in-need percentage.--
                  (A) Percentage.--The term ``elderly in-need 
                percentage'', used with respect to a State, 
                means the sum of--
                          (i) the product of--
                                  (I) 0.65; and
                                  (II) the number of 
                                individuals who are age 60 or 
                                older in the State divided by 
                                the number of such individuals 
                                in all States;
                          (ii) the product of--
                                  (I) 0.03; and
                                  (II) the number of 
                                individuals who are ages 70 
                                through 74 in the State divided 
                                by the number of such 
                                individuals in all States;
                          (iii) the product of--
                                  (I) 0.08; and
                                  (II) the number of 
                                individuals who are ages 75 
                                through 79 in the State divided 
                                by the number of such 
                                individuals in all States;
                          (iv) the product of--
                                  (I) 0.09; and
                                  (II) the number of 
                                individuals who are ages 80 
                                through 84 in the State divided 
                                by the number of such 
                                individuals in all States; and
                          (v) the product of--
                                  (I) 0.15; and
                                  (II) the number of 
                                individuals who are age 85 or 
                                older in the State divided by 
                                the number of such individuals 
                                in all States.
                  (B) Rule.--For purposes of this paragraph, 
                the Assistant Secretary shall determine the 
                number of individuals in a State on the basis 
                of the most recent data available from the 
                Bureau of the Census.
          (2) Older americans federal percentage.--The term 
        ``older Americans Federal percentage'', used with 
        respect to a State, means the result obtained by 
        subtracting from 1 the product of--
                  (A) 0.65; and
                  (B) the result obtained by dividing the total 
                taxable resources percentage for the State by 
                the elderly in-need percentage for the State.
          (3) State.--The term ``State'' means any of the 
        several States, the District of Columbia, and the 
        Commonwealth of Puerto Rico.
          (4) Total taxable resources percentage.--
                  (A) Percentage.--The term ``total taxable 
                resources percentage''--
                          (i) used with respect to a State 
                        other than the District of Columbia, 
                        means the total taxable resources of 
                        the State divided by the total taxable 
                        resources of all States; and
                          (ii) used with respect to the 
                        District of Columbia, means the total 
                        personal income of the District divided 
                        by the total personal income of all 
                        States.
                  (B) Definitions.--As used in this paragraph:
                          (i) Total personal income.--The term 
                        ``total personal income'', used with 
                        respect to a State, means the most 
                        recent 3-year arithmetic mean of the 
                        total personal income of the State, as 
                        determined by the Director of the 
                        Bureau of Economic Analysis of the 
                        Department of Commerce.
                          (ii) Total taxable resources.--The 
                        term ``total taxable resources'', used 
                        with respect to a State, means the most 
                        recent 3-year arithmetic mean of the 
                        total taxable resources of the State, 
                        as determined by the Secretary of the 
                        Treasury.

SEC. 122. AUTHORIZATION OF APPROPRIATIONS.

  (a) State Long-Term Care Ombudsman Program.--There are 
authorized to be appropriated to carry out subtitle B of title 
II, such sums as may be necessary for fiscal years 1997 through 
2001.
  (b) Senior Community Service Employment Program.--There are 
authorized to be appropriated to carry out subtitle C of title 
II, such sums as may be necessary for fiscal years 1997 through 
2001.
  (c) Disease Prevention and Health Promotion.--There are 
authorized to be appropriated to carry out subtitle D of title 
II, such sums as may be necessary for fiscal years 1997 through 
2001.
  (d) Supportive Services and Senior Centers.--There are 
authorized to be appropriated to carry out subtitle B of title 
III, such sums as may be necessary for fiscal years 1997 
through 2001.
  (e) Nutrition Services.--There are authorized to be 
appropriated to carry out subtitle C of title III, such sums as 
may be necessary for fiscal years 1997 through 2001.
  (f) Program Year and Extensions.--
          (1) Program year.--Amounts appropriated under 
        subsection (b) for any fiscal year shall be used during 
        the annual period that--
                  (A) begins on July 1 of the calendar year 
                immediately following the beginning of such 
                fiscal year; and
                  (B) ends on June 30 of the following calendar 
                year.
          (2) Extensions.--If, in accordance with section 
        121(e), any part of an allotment is reallotted to a 
        State for a fiscal year, such part shall be considered 
        to be a portion of the appropriate allotment of the 
        State for the fiscal year, but shall remain available 
        for obligation for the State until the end of the 
        succeeding fiscal year.

SEC. 123. ADDITIONAL FUNDS AVAILABLE FOR NUTRITION SERVICES.

  (a) Funds Available.--There are authorized to be appropriated 
to the Secretary of Agriculture (in addition to the amount 
appropriated to the Secretary of Health and Human Services 
under section 122(e)) to provide nutrition services under 
subtitle C of title III $156,625,000 for fiscal year 1997 and 
such sums as may be necessary for fiscal years 1998 through 
2001.
  (b) Division of Funds.--The Secretary of Agriculture shall 
divide the funds that are made available under subsection (a) 
so that--
          (1) 98.9 percent of such funds is allotted to States 
        in accordance with subsection (c) to provide nutrition 
        services under subtitle C of title III; and
          (2) the balance is available to make grants under 
        title IV to provide nutrition services.
  (c) Allotment.--In providing funds for nutrition services 
under subsection (b)(1) for a fiscal year, the Secretary of 
Agriculture shall determine a per meal rate equal to the amount 
appropriated under subsection (a) for the fiscal year, divided 
by the number of meals served in the preceding fiscal year. The 
Secretary of Agriculture shall allot to each State, for the 
fiscal year for which the determination is made, the product of 
the per meal rate and the number of meals served in the State 
in the preceding fiscal year.
  (d) Receipt of Commodities in Lieu of Cash.--A State or area 
agency on aging that receives funds allotted under subsection 
(b)(1), or a recipient of a grant referred to in subsection 
(b)(2), may elect to enter into an agreement with the Secretary 
of Agriculture to purchase commodities with all or part of such 
funds or of the funds made available through such grant, 
through authorities including section 32 of the Act entitled 
``An Act to amend the Agricultural Adjustment Act, and for 
other purposes'', approved August 24, 1935 (7 U.S.C. 612c), 
section 416 of the Agricultural Act of 1949 (7 U.S.C. 1431), 
and section 709 of the Food and Agriculture Act of 1965 (7 
U.S.C. 1446a-1).

                   TITLE II--STATE PROGRAMS ON AGING

                     Subtitle A--General Provisions

SEC. 201. ELIGIBILITY OF STATES.

  (a) Eligibility of States.--For a State to be eligible for 
grants from the allotment made for the State under subsection 
(a) or (c) of section 121, or assistance available under 
section 123 or 231--
          (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 202;
                  (B) administer the State plan within the 
                State;
                  (C) be responsible for the planning, policy 
                development, administration, coordination, 
                priority setting, and evaluation of all 
                activities specified in the State plan and 
                related to carrying out subtitles B, C, and D, 
                and subtitles B and C of title III;
                  (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 
                provide technical assistance to any agency, 
                organization, or association representing the 
                needs of older individuals; and
                  (E) except as provided in subsection (c)--
                          (i) divide the State into distinct 
                        planning and service areas, after 
                        considering--
                                  (I) the geographical 
                                distribution of older 
                                individuals in the State;
                                  (II) the incidence of the 
                                need for supportive services 
                                (including services to support 
                                multipurpose senior centers) 
                                and nutrition services;
                                  (III) the distribution of 
                                older individuals who have the 
                                greatest economic need or the 
                                greatest social need, with 
                                attention to the distribution 
                                of older individuals who are 
                                low-income minority 
                                individuals;
                                  (IV) the distribution of 
                                resources available to provide 
                                the services and centers 
                                described in subclause (II);
                                  (V) the boundaries of 
                                existing (as of the date of the 
                                division) planning and service 
                                areas within the State;
                                  (VI) the characteristics of 
                                the local government within the 
                                State; and
                                  (VII) other relevant factors; 
                                or
                          (ii) designate the entire State as a 
                        single planning and service area; and
          (2) the State agency shall--
                  (A) designate an area agency on aging for 
                each planning and service area;
                  (B) take into account in the development and 
                administration of the State plan for any fiscal 
                year, the views of--
                          (i) recipients of services through 
                        the State long-term care ombudsman 
                        program, community service employment, 
                        supportive services, nutrition 
                        services, or disease prevention and 
                        health promotion services and 
                        information, as the case may be, 
                        provided under such plan; and
                          (ii) individuals using multipurpose 
                        senior centers provided under such 
                        plan;
                  (C) after consultation with area agencies on 
                aging and using the best available data, 
                develop and publish for review and comment a 
                formula for distribution within the State of 
                funds received to carry out subtitles B and C 
                of title III 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 the State will 
                give preference, in providing services under 
                subtitles B and C, and subtitles B and C of 
                title III, to older individuals with greatest 
                economic need and older individuals with 
                greatest social need, with particular attention 
                to low-income minority individuals, and include 
                in the State plan proposed methods of carrying 
                out the preference.
  (b) Due Process.--
          (1) In general.--A State agency shall establish and 
        publish, after consultation with area agencies on 
        aging, procedures that the State agency shall follow to 
        provide due process to affected parties if the State 
        agency initiates an action or proceeding to change the 
        designation of any designated planning and service area 
        or of any designated area agency on aging.
          (2) Procedures.--At a minimum, such procedures shall 
        include procedures for--
                  (A) providing notice of an action to change 
                the designation of a designated planning and 
                service area or of a designated area agency on 
                aging;
                  (B) providing documentation of the need for 
                such action; and
                  (C) at the request of the area agency on 
                aging involved, conducting a public hearing 
                concerning such action.
  (c) Grandfather Provision.--
          (1) Additional designations.--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 such date 
        designate in accordance with subsection (a)(1)(E) 1 or 
        more additional planning and service areas within the 
        State to be administered by an area agency on aging.
          (2) State functions.--The State agency shall continue 
        to perform the functions of an area agency on aging for 
        any remaining area of the State not included in a 
        planning and service area for which an area agency on 
        aging has been designated.
  (d) Interstate Planning and Service Areas.--The chief 
executive officer of each State that contains a region of an 
interstate geographic area or of an interstate Indian 
reservation, may apply to the Assistant Secretary to request 
redesignation of the geographic area or reservation as an 
interstate planning and service area. If the Assistant 
Secretary approves the application, the Assistant Secretary 
shall adjust the allotment of each State containing a region of 
the interstate planning and service area, to reflect the number 
of older individuals within the region.
  (e) Nondesignation of Indian Reservations.--If a State 
declines to designate an Indian reservation as a planning and 
service area, the Indian tribe residing on the reservation may 
appeal the decision of the State to the Assistant Secretary. 
The Assistant Secretary may order the State to designate the 
Indian reservation as a planning and service area as a 
condition of receiving funding under this Act.

SEC. 202. STATE PLANS.

  (a) Plan.--For a State to be eligible for grants from the 
allotment made for the State under subsection (a), (b), or (c) 
of section 121, or assistance available under section 123 or 
231, for any fiscal year, the State shall prepare and submit to 
the Assistant Secretary a State plan, which incorporates input 
from area agencies on aging in the State, 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 is based on area plans 
        developed by area agencies on aging within the State 
        and that the State has prepared and distributed a 
        uniform format for use by area agencies on aging in 
        developing area plans under section 302.
          (2) Approval of area plan.--The plan shall provide 
        that each such area agency on aging has prepared, 
        developed, and submitted to the State agency for 
        approval an area plan that complies with section 302.
          (3) Hearings.--The plan shall provide that the State 
        agency will establish a grievance procedure that will 
        afford an opportunity for a hearing on request to any 
        area agency on aging submitting a plan under section 
        302, 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.
          (4) Fiscal control and fund accounting; conflicts of 
        interest.--
                  (A) Fiscal control and fund accounting 
                procedures.--The plan shall provide an 
                assurance that the State will adopt such fiscal 
                control and fund accounting procedures as may 
                be necessary to assure proper disbursement of, 
                and accounting for, funds made available 
                through allotments made under subsections (a), 
                (b), and (c) of section 121, and assistance 
                made available under sections 123 and 231, to 
                the State, including any such funds or 
                assistance paid to the recipients of a grant or 
                contract with the State.
                  (B) Conflicts of interest.--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 in the State, or in the 
                        designation of the head of the State 
                        agency, the head of such an area agency 
                        on aging, or the head of any 
                        subdivision of the State agency or of 
                        such 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 in the State is 
                        subject to a conflict of interest 
                        prohibited under this Act; and
                          (iii) mechanisms are in place in the 
                        State to identify and remove conflicts 
                        of interest prohibited under this Act.
                  (C) Integrity; public purpose; enhancement.--
                The plan shall provide assurances that the 
                State agency and each area agency on aging in 
                the State will--
                          (i) maintain the integrity and public 
                        purpose of service providers utilized, 
                        and services provided, 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.
          (5) Information and assistance services.--
                  (A) In general.--It shall be a primary 
                responsibility of the State agency to ensure 
                that the plan provides 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 302(a)(3) will have reasonably 
                convenient access to such services.
                  (B) Insurance benefits and public benefits.--
                The plan shall contain an assurance that each 
                area agency on aging in the State, in providing 
                information and assistance services--
                          (i) will carry out a program for 
                        provision of outreach, counseling, and 
                        assistance to aid older individuals in 
                        obtaining insurance benefits and public 
                        benefits; and
                          (ii) will expend, to carry out the 
                        program, a specific percentage, stated 
                        in the State plan, of the agency's 
                        share of funds made available under 
                        section 122(d) and allotted to the 
                        State under section 121(c).
          (6) Limitations.--
                  (A) Prohibition on direct provision of 
                services.--Except as provided in subparagraphs 
                (B) and (C) and section 302(c)(3), the plan 
                shall provide that no supportive services or 
                nutrition services, including home-delivered 
                services, will be directly provided by the 
                State agency or an area agency on aging.
                  (B) Administrative exceptions.--Subparagraph 
                (A) shall not apply when, in the judgment of 
                the State agency--
                          (i) the provision of services 
                        described in subparagraph (A) 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.
                  (C) Exception for certain services.--
                Subparagraph (A) shall not apply with respect 
                to information and assistance services, case 
                management services, and outreach.
          (7) State long-term care ombudsman program.--The plan 
        shall provide assurances that the State agency will 
        carry out a State long-term care ombudsman program that 
        complies with all the requirements specified in 
        subtitle B.
          (8) Legal assistance.--The plan shall contain 
        assurances, with respect to legal assistance, that each 
        area agency on aging in the State will--
                  (A) expend, for the delivery of legal 
                assistance, a specific percentage, stated in 
                the State plan, of the agency's share of funds 
                made available under section 122(d) and 
                allotted to the State under section 121(c); and
                  (B)(i) enter into contracts with providers of 
                legal assistance that can demonstrate the 
                experience or capacity to deliver legal 
                assistance; and
                  (ii) attempt to involve private attorneys in 
                legal assistance activities authorized under 
                subtitle B of title III, including groups of 
                private attorneys who are furnishing services 
                to older individuals on a pro bono basis or on 
                a reduced fee basis.
          (9) Prevention of elder abuse, neglect, and 
        exploitation.--Whenever the State desires to provide 
        for programs for the prevention of elder abuse, 
        neglect, and exploitation for a fiscal year, the plan 
        shall--
                  (A) contain an assurance that each area 
                agency on aging in the State will expend, to 
                carry out a program for the prevention of elder 
                abuse, neglect, and exploitation, a specific 
                percentage, stated in the State plan, of the 
                agency's share of funds made available under 
                section 122(d) and allotted to the State under 
                section 121(c);
                  (B) 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 
                instances of elder abuse, neglect, and 
                exploitation, from prosecution under any State 
                or local law arising out of such reporting;
                  (C) contain an assurance that individuals who 
                provide services to prevent elder abuse, 
                neglect, and exploitation are trained to 
                effectively deal with such reported instances;
                  (D) contain an assurance that involuntary or 
                coerced participation in such programs by 
                alleged victims, alleged abusers, or members of 
                the households of alleged victims or alleged 
                abusers will not be permitted;
                  (E) contain an assurance that the State 
                requires that 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 the complaint 
                        that is the subject of the report or 
                        referral 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;
                  (F) contain an assurance that the State 
                agency will make all reasonable efforts to 
                resolve any conflicts with other public 
                agencies with respect to the confidentiality of 
                the information described in subparagraph (E);
                  (G) contain an assurance that the State 
                agency will coordinate the State programs for 
                the prevention of elder abuse, neglect, and 
                exploitation with--
                          (i) law enforcement officials;
                          (ii) courts of competent 
                        jurisdiction; and
                          (iii) entities carrying out other 
                        relevant State and local programs, 
                        including--
                                  (I) area agencies on aging; 
                                and
                                  (II) agencies that, 
                                collectively, 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, and 
                                State agencies responsible for 
                                surveys and certification under 
                                section 1919(g) of the Social 
                                Security Act (42 U.S.C. 
                                1396r(g));
                  (H) contain an assurance that older 
                individuals participate in decisions regarding 
                their welfare under the programs for the 
                prevention of elder abuse, neglect, and 
                exploitation; and
                  (I) specify other activities that the State 
                agency determines to be beneficial in the 
                prevention of elder abuse, neglect, and 
                exploitation, and intends to carry out under 
                such programs.
          (10) Outreach.--The plan shall contain assurances 
        that the State agency will require outreach efforts 
        that will--
                  (A) identify individuals eligible for 
                assistance under subtitle B or C, or under 
                subtitle B or C of title III, 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, with particular attention 
                        to low-income minority individuals;
                          (iv) older individuals with severe 
                        disabilities;
                          (v) older individuals with limited 
                        English-speaking ability;
                          (vi) older individuals with 
                        Alzheimer's disease or related 
                        disorders and with neurological or 
                        organic brain dysfunction (and the 
                        caretakers of such individuals); and
                          (vii) low-income minority older 
                        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.
          (11) Individuals with disabilities.--The plan shall 
        provide, with respect to the needs of individuals with 
        disabilities, assurances that the State agency will 
        coordinate planning, identification, assessment of 
        needs, and services for 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).
          (12) 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 302(a)(5)(E), 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 are able to return to their 
                homes if community-based services are provided 
                to the individuals.
          (13) Prohibition on misuse of funds.--The plan shall 
        provide assurances that funds received from allotments 
        made under subsections (a), (b), and (c) of section 
        121, and assistance made available under sections 123 
        and 231, 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 arrangement that is not carried 
        out to implement subtitle B, C, or D, or subtitle B or 
        C of title III.
          (14) Coordination of services; provision of 
        multigenerational services.--The plan shall provide 
        assurances that the State will make demonstrable 
        efforts--
                  (A) to coordinate services provided under 
                subtitles B, C, and D, and subtitles B and C of 
                title III, 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, 
                collectively, provide child care, youth day 
                care, educational assistance, at-risk youth 
                intervention, juvenile delinquency treatment, 
                and family support.
          (15) 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 
        subtitles B, C, and D, and subtitles B and C of title 
        III.
          (16) Cost sharing.--If the State, after consultation 
        with area agencies on aging and service providers, 
        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 information and assistance 
                services, outreach, benefits counseling, case 
                management services, or ombudsman or other 
                protective services;
                  (B) exempt from cost-sharing requirements 
                low-income individuals, or individuals with 
                incomes that are less than 150 percent of the 
                poverty line;
                  (C) set cost-sharing rates for individuals 
                subject to the requirements, on a sliding-fee 
                scale based on income;
                  (D) provide that the income of older 
                individuals will be determined by self-
                declaration;
                  (E) provide that the confidentiality of 
                individual information related to such cost 
                sharing will be maintained at all times; and
                  (F) provide that no older individual will be 
                denied a service under the plan because of 
                inability to pay.
          (17) 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--
                  (A) in amounts that are based on the ability 
                of older individuals to make such 
                contributions; and
                  (B) that will be used to increase, or expand 
                access to, services provided under the plan.
  (b) Approval of State Plan.--The Assistant Secretary shall 
approve any State plan that fulfills the requirements of 
subsection (a).
  (c) Disapproval of State Plan.--
          (1) Determination following due process.--The 
        Assistant Secretary shall not make a final 
        determination disapproving any State plan, or any 
        revision of a State plan, or make a final determination 
        that a State is ineligible under section 201, without 
        first affording the State reasonable notice and a 
        hearing.
          (2) Withholding of assistance.--
                  (A) In general.--If the Assistant Secretary 
                makes a determination, in accordance with 
                paragraph (1), disapproving a State plan the 
                Assistant Secretary shall withhold from the 
                State assistance allotted under subsections 
                (a), (b), and (c) of section 121, and 
                assistance available under sections 123 and 
                231, for the fiscal year for which such plan is 
                submitted.
                  (B) Disbursal.--
                          (i) Entity.--The Assistant Secretary 
                        shall disburse the assistance withheld 
                        under subparagraph (A) directly to a 
                        public or nonprofit private agency, 
                        organization, or institution, or 
                        political subdivision of the State, 
                        that submits and obtains approval of a 
                        plan described in clause (ii).
                          (ii) Plan.--The plan referred to in 
                        clause (i) shall be submitted and 
                        approved in accordance with subsections 
                        (a) and (b).
                          (iii) Authorities and requirements.--
                        The Secretary shall issue regulations 
                        specifying authorities and requirements 
                        applicable to States under this Act, 
                        including the limitation specified in 
                        section 121(c)(3), that shall apply 
                        with respect to the use of such funds 
                        by the agency, organization, 
                        institution, or political subdivision 
                        that receives such funds.
          (3) Review by secretary.--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 
        appeals such final determination in a timely manner in 
        accordance with subsection (e)(1), the Secretary shall 
        dismiss the appeal filed under this paragraph.
          (4) Appellate review of decision by secretary.--
                  (A) In general.--If the State is dissatisfied 
                with the decision of the Secretary after review 
                under paragraph (3), the State may appeal such 
                decision in a timely manner under subsection 
                (e)(1).
                  (B) Construction.--For purposes of appellate 
                review in accordance with 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 of Ineligibility or 
Noncompliance.--
          (1) In general.--
                  (A) Finding.--The Assistant Secretary shall 
                make the notification described in subparagraph 
                (B) if the Assistant Secretary, after providing 
                reasonable notice and an opportunity for a 
                hearing to the State agency, finds that--
                          (i) the State is not eligible under 
                        section 201;
                          (ii) the State plan has been so 
                        revised that the plan no longer 
                        complies substantially with any 
                        provision of subsection (a); or
                          (iii) in the administration of the 
                        plan there is a failure to comply 
                        substantially with any provision of 
                        subsection (a).
                  (B) Notification.--
                          (i) In general.--On making the 
                        finding described in subparagraph (A), 
                        the Assistant Secretary shall notify 
                        the State agency that no further 
                        assistance will be provided to the 
                        State from the allotment of the State 
                        under subsection (a), (b), or (c) of 
                        section 121, or under section 123 or 
                        231, as appropriate (or, in the 
                        discretion of the Assistant Secretary, 
                        that further assistance to the State 
                        under such subsection or section will 
                        be limited to projects under the State 
                        plan that are not affected by the 
                        noncompliance that is the basis for the 
                        finding), until the Assistant Secretary 
                        is satisfied that there will no longer 
                        be any ineligibility or failure to 
                        comply.
                          (ii) Withholding of assistance.--
                        Until the Assistant Secretary is so 
                        satisfied, no further assistance shall 
                        be provided to the State from the 
                        allotment of the State under subsection 
                        (a), (b), or (c) of section 121, or 
                        under section 123 or 231, as 
                        appropriate (or, in the discretion of 
                        the Assistant Secretary, further 
                        assistance to the State under such 
                        subsection or section shall be limited 
                        to projects described in clause (i) and 
                        the remainder of the assistance 
                        available for allotment to the State 
                        under such subsection or available to 
                        the State under such section shall be 
                        withheld).
          (2) Use of withheld assistance.--
                  (A) Eligible organizations.--The Assistant 
                Secretary shall, in accordance with rules the 
                Secretary shall issue, disburse the assistance 
                withheld under paragraph (1)(B)(ii) directly to 
                a public or nonprofit private agency, 
                organization, or institution, or political 
                subdivision of the State, that submits and 
                obtains approval of a plan in accordance with 
                the provisions of subsections (a) and (b).
                  (B) Authorities and requirements.--The 
                Secretary shall issue regulations specifying 
                authorities and requirements applicable to 
                States under this Act, including the limitation 
                specified in section 121(c)(3), that shall 
                apply with respect to the use of such funds by 
                the agency, organization, institution, or 
                political subdivision that receives such funds.
  (e) Appeal.--
          (1) In general.--A State that is dissatisfied with a 
        final action of the Assistant Secretary under 
        subsection (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 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 shall file in the court the record of the 
        proceedings on which the action of the Assistant 
        Secretary is based, as provided in section 2112 of 
        title 28, United States Code.
          (2) Procedure.--
                  (A) Jurisdiction.--
                          (i) In general.--Except as provided 
                        in clause (ii), on the filing of such 
                        petition, the court shall have 
                        jurisdiction to affirm the order issued 
                        by the Assistant Secretary with respect 
                        to the action or to set the order 
                        aside, in whole or in part, temporarily 
                        or permanently.
                          (ii) Action of assistant secretary.--
                        Until the filing of the record, the 
                        Assistant Secretary may modify or set 
                        aside the order of the Assistant 
                        Secretary.
                  (B) Evidence.--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 
                the proceedings to obtain such further 
                evidence. The new or modified findings of fact 
                resulting from the proceedings shall likewise 
                be conclusive if supported by substantial 
                evidence.
                  (C) Review.--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 on certiorari or certification as 
                provided in section 1254 of title 28, United 
                States Code.
          (3) No stay.--The commencement of proceedings under 
        this subsection shall not operate as a stay of the 
        action of the Assistant Secretary, unless such a stay 
        is specifically ordered by the court.
  (f) Preservation of Attorney-Client Privilege.--Neither a 
State, nor a State agency, may require any provider of legal 
assistance under subtitle B of title III to reveal any 
information that is protected by the attorney-client privilege.

SEC. 203. PLANNING, COORDINATION, EVALUATION, AND ADMINISTRATION OF 
                    STATE PLANS.

  (a) Grants for State Activities.--
          (1) Cost of administration of state plan.--Amounts 
        available to a State under paragraph (1) or (2) of 
        section 121(d) may be used to make a grant to the State 
        to pay such percentage as the State agency determines, 
        but not more than 85 percent, of the cost of the 
        administration of the State plan of the State, 
        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 (including services to 
                support multipurpose senior centers), and 
                nutrition services (taking into consideration 
                the comparative need for home-delivered 
                nutrition services, congregate nutrition 
                services, and adult day care nutrition 
                services), within the State, and dissemination 
                of information obtained through the data 
                collection and analyses;
                  (D) the provision of short-term training to 
                personnel of public or nonprofit private 
                agencies, organizations, and institutions 
                engaged in the operation of programs, projects, 
                and activities authorized by subtitles B and D, 
                and subtitles B and C of title III; and
                  (E) the carrying out of demonstration 
                projects of statewide significance relating to 
                the initiation, expansion, or improvement of 
                services and activities provided under 
                subtitles B and D, and subtitles B and C of 
                title III.
          (2) Cost of administration of area plans.--The 
        portion of the assistance made available under section 
        121(d)(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), 
        may be used by the State to supplement the amount 
        available under section 121(d)(3) to cover part of the 
        cost of the administration of area plans.
          (3) Use of funds not needed for administration of 
        state plan.--The portion of the assistance made 
        available under section 121(d)(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), may be used by the State to 
        provide services under subtitle B or D, or subtitle B 
        or C of title III, in the State.
          (4) Single planning and service areas.--Any State 
        that is designated, under section 201(a)(1)(E) or 
        201(c), as 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 available under paragraph (1) or 
        (2) of section 121(d) or out of the amount of funds 
        made available for the administration of area plans 
        under section 121(d)(3), but shall not pay such costs 
        from both such amounts.
  (b) Authority To Transfer Funds.--
          (1) Transfers.--
                  (A) In general.--Notwithstanding any other 
                provision of this subtitle or title III and 
                except as provided in subparagraph (B), using 
                the sums received by a State attributable to 
                funds appropriated under subsection (d) or (e) 
                of section 122, as appropriate, the State 
                (after consultation with area agencies on aging 
                and with service providers) may elect to 
                transfer not more than 25 percent of such sums 
                for any fiscal year between programs under 
                subtitle B of title III and programs under 
                subtitle C of title III, for use as the State 
                considers appropriate. The State shall notify 
                the Assistant Secretary of any such election.
                  (B) Waiver.--If a State submits an 
                application to the Assistant Secretary in which 
                the State demonstrates, to the satisfaction of 
                the Assistant Secretary, that funds received by 
                the State and attributable to funds 
                appropriated under subsection (d) or (e) of 
                section 122 (including funds transferred under 
                subparagraph (A) without regard to this 
                subparagraph) for any fiscal year are 
                insufficient to satisfy the need for services 
                under subtitle B or C of title III, as 
                appropriate, 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) Application.--At a minimum, the 
                application described in subparagraph (B) shall 
                include a description of the additional 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) Delegation of authority to make transfers.--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) Data collection.--The Assistant Secretary shall 
        annually collect, and include in the report required by 
        section 113, data regarding the transfers described in 
        paragraph (1), including--
                  (A) the amount of funds involved in the 
                transfers, analyzed by State; and
                  (B) the effect of the transfers on the 
                provision of services provided under--
                          (i) subtitle B of title III; and
                          (ii) subtitle C of title III, 
                        including the effect on the number of 
                        meals served.

SEC. 204. PAYMENTS.

  Payments provided through grants made, or contracts entered 
into, under subtitle B, C, or D, or subtitle B or C of title 
III, may be provided (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 to be appropriate.

           Subtitle B--State Long-Term Care Ombudsman Program

SEC. 211. ESTABLISHMENT.

  (a) In General.--With funds allotted under section 121(a), 
the Assistant Secretary shall make grants to eligible States to 
carry out long-term care ombudsman programs.
  (b) Office and Program.--In order to be eligible to receive a 
grant under subsection (a), a State shall--
          (1) establish and operate an Office of the State 
        Long-Term Care Ombudsman (referred to in this subtitle 
        as the ``Office''); and
          (2) carry out through the Office a State long-term 
        care ombudsman program.
  (c) Ombudsman.--The Office shall be headed by an individual, 
to be known as the State Long-Term Care Ombudsman (referred to 
in this subtitle as the ``Ombudsman''), who shall be selected 
from among individuals with expertise and experience in the 
fields of long-term care and advocacy.

SEC. 212. REQUIREMENTS FOR STATE LONG-TERM CARE OMBUDSMAN PROGRAM.

  (a) Duties.--The Ombudsman shall serve on a full-time basis, 
and shall, personally or through representatives of the 
Office--
          (1) identify, investigate, and resolve complaints 
        that--
                  (A) are made by, or on behalf of, older 
                individuals who are residents of long-term care 
                facilities (referred to individually in this 
                section as a ``resident''); and
                  (B) 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), by 
                providers (or representatives of providers) of 
                long-term care services, public agencies, or 
                health and social service agencies;
          (2) provide services to protect the health, safety, 
        welfare, and rights of such residents;
          (3) inform such residents about the means of 
        obtaining--
                  (A) services provided by providers or 
                agencies described in paragraph (1)(B); or
                  (B) identification, investigation, and 
                resolution services described in paragraph (1);
          (4) ensure that such residents have regular and 
        timely access to the services provided through the 
        State long-term care ombudsman program and that 
        residents and complainants on behalf of residents 
        (referred to individually in this section as a 
        ``complainant'') receive timely responses to their 
        complaints from representatives of the State long-term 
        care ombudsman program (referred to individually in 
        this section as a ``program representative'');
          (5) 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 such residents;
          (6) provide administrative and technical assistance 
        to entities designated under subsection (c) to assist 
        the entities in participating in the program;
          (7)(A) analyze, comment on, and monitor the 
        development and implementation of Federal, State, and 
        local laws, rules, and other government 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; and
          (B) recommend such changes in such laws, rules, 
        policies, and actions as the Ombudsman determines to be 
        appropriate;
          (8) provide for training for program representatives 
        of the Office;
          (9) collect information, as specified by the 
        Assistant Secretary, on the total number of such 
        residents in the State and the number of complaints 
        described in paragraph (1) received by the State, 
        analyzed by type of facility (such as a nursing home or 
        board and care facility); and
          (10) carry out such other activities as the State 
        agency determines to be appropriate.
  (b) Contracts and Arrangements.--
          (1) In general.--Except as provided in paragraph (2), 
        the State agency may establish and operate the Office, 
        and carry out the program, directly or by contract or 
        other arrangement with any public or nonprofit private 
        organization, agency, or institution.
          (2) Ineligible entities.--The State agency may not 
        enter into a contract or other arrangement described in 
        paragraph (1) with--
                  (A) an agency or organization that is 
                responsible for licensing or certifying long-
                term care services in the State; or
                  (B) 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.--
          (1) Designation.--In carrying out the duties 
        specified in subsection (a), the Ombudsman may 
        designate an entity as a local Ombudsman entity, and 
        may designate an individual (including an employee or 
        volunteer) to represent the entity.
          (2)  Eligibility for designation.--Entities eligible 
        to be designated as local Ombudsman entities, and 
        individuals eligible to be designated as 
        representatives of such entities, shall--
                  (A) have demonstrated capability to carry out 
                the responsibilities of the Office;
                  (B) be free of conflicts of interest;
                  (C) in the case of the entities, be public or 
                nonprofit private entities; and
                  (D) meet such additional requirements as the 
                Ombudsman may specify.
          (3) Authorities of local ombudsman.--An individual so 
        designated may, in accordance with the policies and 
        procedures established by the Office and the State 
        agency--
                  (A) provide services to protect the health, 
                safety, welfare, and rights of residents;
                  (B) ensure that residents in the planning and 
                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;
                  (C) 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;
                  (D) 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;
                  (E)(i) analyze, comment on, and monitor the 
                development and implementation of Federal, 
                State, and local laws, rules, and other 
                government 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; and
                  (ii) recommend such changes in such laws, 
                rules, policies, and actions as the individual 
                determines to be appropriate;
                  (F) facilitate the ability of the public to 
                comment on such laws, rules, policies, and 
                actions;
                  (G) support the development of resident and 
                family councils; and
                  (H) carry out such other activities as the 
                Ombudsman determines to be appropriate.
          (4) Monitoring policies and procedures.--
                  (A) 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 specified in subsection (a) and their 
                representatives.
                  (B) Consultation and comment.--If the 
                entities are grant recipients, or the 
                representatives are employees, of area agencies 
                on aging, the State agency shall develop the 
                policies and procedures after consultation with 
                the area agencies on aging. The policies and 
                procedures shall provide for participation and 
                comment by such agencies and for resolution of 
                concerns with respect to case activity.
                  (C) Confidentiality and conflict of 
                interest.--The State agency shall develop the 
                policies and procedures, in accordance with all 
                provisions of subtitle A, this subtitle, and 
                title III, regarding confidentiality and 
                conflict of interest.
  (d) Procedures for Access.--The State shall ensure, and shall 
establish procedures that ensure, that a program representative 
of the Office shall have--
          (1) access to long-term care facilities and 
        residents;
          (2)(A) 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
          (B) such access to such records as is necessary to 
        investigate a complaint, as determined by the State, 
        if--
                  (i) a legal guardian of the resident refuses 
                to give the permission;
                  (ii) a program 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 program representative obtains the 
                approval of the Ombudsman;
          (3) 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
          (4) access to and, on request, copies of all 
        licensing and certification records maintained by the 
        State with respect to long-term care facilities.
  (e) Data Collection and Reporting.--The State agency shall--
          (1) collect and analyze data relating to complaints 
        regarding, and conditions in, long-term care 
        facilities, and to residents, for the purpose of 
        identifying and resolving significant problems;
          (2) document the program operations and outreach 
        activities of the State long-term care ombudsman 
        program; and
          (3) submit to the Assistant Secretary and other State 
        agencies, and make available to the public, annual 
        reports containing the data and documentation specified 
        in paragraphs (1) and (2).
  (f) Disclosure.--
          (1) Establishment of procedures.--The State agency 
        shall establish procedures for the disclosure by the 
        Ombudsman or local Ombudsman entities of files 
        maintained by the State long-term care ombudsman 
        program, including records, policies, documents, and 
        data described in subsections (d) and (e).
          (2) Disclosure only at discretion of ombudsman.--The 
        procedures described in paragraph (1) shall provide 
        that, subject to paragraph (3), the files described in 
        paragraph (1) may be disclosed only at the discretion 
        of the Ombudsman.
          (3) Nondisclosure of identity.--The procedures 
        described in paragraph (1) shall prohibit the 
        disclosure of the identity of any complainant, or 
        resident of a long-term care facility, with respect to 
        whom the Office maintains such files, unless--
                  (A) the complainant or resident, or the legal 
                representative of the complainant or resident, 
                consents to the disclosure and the consent is 
                given in writing;
                  (B) the complainant or resident gives consent 
                orally and the consent is documented 
                contemporaneously in writing made by a program 
                representative of the Office in accordance with 
                such requirements as the State agency shall 
                establish; or
                  (C) 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--
          (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 (c), 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.
  (i) Legal Counsel.--The State agency shall ensure that--
          (1)(A) adequate legal counsel is available and able 
        to provide advice and consultation needed to protect 
        the health, safety, welfare, and rights of residents, 
        and to assist the Ombudsman and the program 
        representatives of the Office in the performance of the 
        official duties of the Ombudsman and representatives; 
        and
          (B) legal representation is provided to any program 
        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.
  (j) Liability.--The State shall ensure that no program 
representative of the Office shall be liable under State law 
for the good faith performance of official duties described in 
this Act.
  (k) Noninterference.--The State shall--
          (1) ensure that willful interference with the 
        representatives of the Office in the performance of 
        official duties under the State long-term care 
        ombudsman program 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.

        Subtitle C--Senior Community Service Employment Program

SEC. 221. SHORT TITLE.

  This subtitle may be cited as the ``Older American Community 
Service Employment Act''.

SEC. 222. DEFINITIONS.

  As used in this subtitle:
          (1) Administrative costs.--The term ``administrative 
        costs'', used with respect to a project, means--
                  (A) the costs of--
                          (i) salaries, wages, and fringe 
                        benefits for project administrators;
                          (ii) consumable office supplies used 
                        by project staff;
                          (iii) development, preparation, 
                        presentation, management, and 
                        evaluation of the project;
                          (iv) establishment and maintenance of 
                        accounting and management information 
                        systems;
                          (v) establishment and maintenance of 
                        advisory councils;
                          (vi) travel of the project 
                        administrators;
                          (vii) rent, utilities, custodial 
                        services, and indirect costs 
                        attributable to the project;
                          (viii) training of staff and 
                        technical assistance to subproject 
                        sponsor staff;
                          (ix) equipment and material for use 
                        by project staff; or
                          (x) audit services; and
                  (B) the costs and expenses described in 
                paragraph (3)(B).
          (2) Community service employment.--The term 
        ``community service employment'' means employment 
        described in section 223(a)(1).
          (3) Other participant costs.--
                  (A) In general.--The term ``other participant 
                costs'' includes--
                          (i) the costs for participants of--
                                  (I) transportation;
                                  (II) training, including 
                                training described in section 
                                223(d)(9); and
                                  (III) special job or personal 
                                counseling; and
                          (ii) incidental expenses necessary 
                        for the participation of the 
                        participants, such as workshoes, safety 
                        eyeglasses, uniforms, tools, and 
                        similar items.
                  (B) Exclusion.--The term shall not include--
                          (i) the costs of performing 
                        assessments, including the assessment 
                        described in section 223(d)(11);
                          (ii) administrative expenses relating 
                        to the training of participants;
                          (iii) the costs of providing 
                        counseling to participants;
                          (iv) the costs of providing 
                        supportive services to participants;
                          (v) transportation costs incurred in 
                        training;
                          (vi) the costs of evaluating 
                        participants for continued 
                        participation in employment in a 
                        project described in this subtitle; or
                          (vii) the costs of developing host 
                        agency assignments and unsubsidized 
                        employment for participants.
          (4) Placed in unsubsidized employment.--
                  (A) In general.--The term ``placed in 
                unsubsidized employment'' means, with respect 
                to an individual who was a participant in a 
                project described in this subtitle, that--
                          (i)(I) the individual was placed in a 
                        position with an employer not later 
                        than 90 days after the individual 
                        terminated participation in the 
                        project, and the position was not 
                        subsidized with Federal funds; and
                          (II) the placement was attributable 
                        to participation in the project;
                          (ii) the employer intended, on the 
                        date of the placement, to employ the 
                        individual in the position for not less 
                        than 90 days;
                          (iii) the individual was still 
                        employed in the position 30 days after 
                        the placement; and
                          (iv) the individual was better off 
                        economically when employed in the 
                        position than the individual was when 
                        participating in the project.
                  (B) Better off economically.--As used in this 
                paragraph, the term ``better off 
                economically'', used with respect to an 
                individual, means an individual who was a 
                participant in a project described in this 
                subtitle and was placed in a position of 
                employment if--
                          (i) the individual received greater 
                        income for employment in the position 
                        than for participation in the project;
                          (ii) the individual received greater 
                        benefits (as defined by the State in 
                        which the project is located) for 
                        employment in the position than for 
                        participation in the project; or
                          (iii) the position met 2 or more of 
                        the following criteria:
                                  (I) The position provided to 
                                the individual 20 or more hours 
                                of employment per week and a 
                                wage that is not less than the 
                                minimum wage determined in 
                                accordance with section 6(a)(1) 
                                of the Fair Labor Standards Act 
                                of 1938 (29 U.S.C. 206(a)(1)).
                                  (II) The position was 
                                consistent with the individual 
                                development plan for the 
                                individual.
                                  (III) The position provided 
                                free housing to the individual.
                                  (IV) The position provided 
                                free food or meals to the 
                                individual.
                                  (V) The position provided 
                                health benefits to the 
                                individual.
                                  (VI) The position provided 
                                free transportation, or 
                                transportation at a reduced 
                                cost, to the individual.
                                  (VII) The position provided 
                                to the individual such economic 
                                benefits, other than the 
                                benefits described in 
                                subclauses (I) through (VI), as 
                                the State in which the project 
                                was located determined to be 
                                appropriate.
          (5) Small state.--The term ``small State'' means--
                  (A) a State whose allotment under section 121 
                is increased as a result of the condition 
                specified in section 121(b)(2)(C)(ii)(I); and
                  (B) a State referred to in section 
                121(b)(2)(C)(ii)(II).

SEC. 223. SENIOR COMMUNITY SERVICE EMPLOYMENT PROGRAM.

  (a) Authority for Program.--
          (1) Grants.--With funds allotted under section 
        121(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 (as 
        determined in accordance with standards issued by the 
        States and organizations), part-time employment 
        opportunities providing community services (including 
        providing services for a business, to the extent 
        permitted by subsection (b)(3).
          (2) Use of funds.--
                  (A) Wages and benefits.--
                          (i) In general.--Except as provided 
                        in clause (ii) or subparagraph (C) or 
                        (D), not less than 90 percent of the 
                        funds made available through a grant 
                        made under paragraph (1) shall be used 
                        to pay wages and benefits for older 
                        individuals who are employed under 
                        projects carried out under this 
                        subtitle.
                          (ii) Small states.--Except as 
                        provided in subparagraph (C) or (D), 
                        not less than 85 percent of the funds 
                        made available through a grant made 
                        under paragraph (1) to a small State 
                        shall be used to pay wages and benefits 
                        for older individuals who are employed 
                        under projects carried out under this 
                        subtitle.
                  (B) Administrative costs.--
                          (i) In general.--Except as provided 
                        in clause (ii), not more than 10 
                        percent of the funds made available 
                        through a grant made under paragraph 
                        (1) may be used to pay for 
                        administrative costs.
                          (ii) Small states.--Not more than 15 
                        percent of the funds made available 
                        through a grant made under paragraph 
                        (1) to a small State may be used to pay 
                        for administrative costs.
                  (C) Other participant costs; projects carried 
                out directly.--
                          (i) In general.--A State or tribal 
                        organization that receives a grant 
                        under paragraph (1) for a project and 
                        that elects to carry out the project 
                        directly, or through an agreement under 
                        subsection (b) with a political 
                        subdivision, may request that the 
                        Assistant Secretary provide for a 
                        fiscal year--
                                  (I) a general waiver of 
                                subparagraph (A); or
                                  (II) the general waiver and 
                                an additional waiver of 
                                subparagraph (A).
                          (ii) Request.--
                                  (I) In general.--The State or 
                                tribal organization shall 
                                submit such a request at such 
                                time, in such form, and 
                                containing such information as 
                                the Assistant Secretary may 
                                require by rule.
                                  (II) Information for 
                                additional waiver.--Except as 
                                provided in subclause (III), a 
                                State or tribal organization 
                                that requests such an 
                                additional waiver for a fiscal 
                                year shall submit with the 
                                request information 
                                demonstrating that at least 30 
                                percent of the participants in 
                                the projects carried out 
                                through a grant made under 
                                paragraph (1) for the previous 
                                year to the State or 
                                organization were placed in 
                                unsubsidized employment.
                                  (III) Waiver.--The Assistant 
                                Secretary may elect to waive 
                                the requirement described in 
                                subclause (II) for tribal 
                                organizations serving Native 
                                American populations in which 
                                the unemployment rate (as 
                                determined by the Secretary of 
                                Labor for the most recent 12-
                                month period for which data are 
                                available, prior to the fiscal 
                                year for which the 
                                determination is made) exceeds 
                                50 percent.
                          (iii) Approval.--If the Assistant 
                        Secretary determines that the State or 
                        tribal organization has submitted a 
                        request that meets the requirements of 
                        clause (ii), the Assistant Secretary 
                        shall approve the request.
                          (iv) General waiver.--A general 
                        waiver referred to in this subparagraph 
                        shall permit a State or tribal 
                        organization to use--
                                  (I) not less than 80 percent 
                                of the funds made available 
                                through the grant for the 
                                fiscal year for which the 
                                waiver is requested to pay 
                                wages and benefits described in 
                                subparagraph (A)(i);
                                  (II) not more than 10 percent 
                                (or not more than 15 percent in 
                                the case of a small State) of 
                                such funds to pay for 
                                administrative costs; and
                                  (III) the remaining portion 
                                of such funds to pay for other 
                                participant costs.
                          (v) Additional waiver.--A State or 
                        tribal organization that receives a 
                        general waiver and an additional waiver 
                        referred to in this subparagraph may 
                        use--
                                  (I) not less than 75 percent 
                                of the funds made available 
                                through the grant for the 
                                fiscal year for which the 
                                waiver is requested to pay 
                                wages and benefits described in 
                                subparagraph (A)(i);
                                  (II) not more than 10 percent 
                                (or not more than 15 percent in 
                                the case of a small State) of 
                                such funds to pay for 
                                administrative costs; and
                                  (III) the remaining portion 
                                of such funds to pay for other 
                                participant costs.
                  (D) Other participant costs; projects carried 
                out under agreements.--
                          (i) In general.--An entity, other 
                        than a State or tribal organization 
                        that receives a grant under subsection 
                        (a), or a political subdivision, that 
                        carries out a project under a grant 
                        made under paragraph (1) may request 
                        that the State or tribal organization 
                        that received the grant provide for a 
                        fiscal year--
                                  (I) a general waiver of 
                                subparagraph (A); and
                                  (II) an additional waiver of 
                                subparagraph (A).
                          (ii) Application of provisions.--The 
                        provisions of clauses (ii) through (v) 
                        of subparagraph (C) shall apply to such 
                        requests and such general and 
                        additional waivers, as appropriate, 
                        except that references in such 
                        provisions--
                                  (I) to a State or tribal 
                                organization shall be deemed to 
                                be references to the entity 
                                referred to in clause (i); and
                                  (II) to the Assistant 
                                Secretary shall be deemed to be 
                                references to the State or 
                                tribal organization that 
                                received the grant referred to 
                                in clause (i).
                  (E) Non-federal sources.--To the maximum 
                extent practicable, an entity that carries out 
                a project under this subtitle shall provide for 
                the payment of the costs described in 
                subparagraph (B), (C), or (D) from non-Federal 
                sources.
  (b) Eligibility for Grants.--
          (1) Application and agreements.--To be eligible to 
        receive a grant under subsection (a), a State or tribal 
        organization shall submit to the Assistant Secretary an 
        annual application at such time, in such form, and 
        containing such information as the Assistant Secretary 
        may require by rule, including an assurance that funds 
        made available through such grant--
                  (A) will be used by the State or tribal 
                organization to carry out projects for the 
                purpose specified in subsection (a)(1)--
                          (i) directly (in accordance with the 
                        requirements of subsection (d)); or
                          (ii) through agreements that satisfy 
                        the requirements of this subsection and 
                        subsection (d); and
                  (B) will not be used to carry out a project 
                involving the construction, operation, or 
                maintenance of any facility used or to be used 
                as a place for sectarian religious instruction 
                or worship.
          (2) Participants in agreement.--Such agreements shall 
        be entered into 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; and
                  (D) area agencies on aging.
          (3) Agreements with businesses.--At the election of a 
        State or tribal organization that receives a grant made 
        under subsection (a), not more than 5 percent of the 
        funds made available through the grant may be used to 
        enter into agreements with businesses (giving special 
        consideration to businesses in growth industries) to 
        pay for not more than 50 percent of the cost of 
        providing part-time employment (including arranging for 
        the provision of part-time employment) to older 
        individuals described in subsection (a)(1).
  (c) Competitive Basis.--In selecting an entity with whom a 
State or tribal organization will enter into an agreement under 
subsection (b), the State or organization--
          (1) shall make the selection on a competitive basis; 
        and
          (2) shall take into consideration, where appropriate, 
        the demonstrated ability of the entity to provide 
        employment (including arranging for the provision of 
        employment) to older individuals as described in 
        subsection (a)(1).
  (d) Requirements.--
          (1) In general.--Each agreement entered into under 
        subsection (b) for a project shall provide that no 
        payment shall be made by the State or tribal 
        organization toward the cost of such project unless the 
        State or tribal organization determines that such 
        project, or the entity that carries out such project, 
        as appropriate, will satisfy each of the conditions 
        described in paragraphs (2) through (13). Each State or 
        tribal organization that carries out a project directly 
        under subsection (b) shall ensure that such project or 
        the State or organization, as appropriate, will satisfy 
        each of the conditions described in paragraphs (2) 
        through (13).
          (2) Federal share requirement.--
                  (A) In general.--The entity that carries out 
                the project shall use funds received for such 
                project that are made available through a grant 
                made under subsection (a) to pay for the 
                Federal share of the cost of the project.
                  (B) Federal share.--The Federal share of the 
                cost of the project shall be not more than 85 
                percent (or not more than 50 percent in the 
                case of a project carried out under an 
                agreement described in subsection (b)(3)).
                  (C) Non-federal share.--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.
          (3) Personnel.--The project shall provide employment 
        only for older individuals described in subsection 
        (a)(1), except for necessary technical, administrative, 
        and supervisory personnel. Such personnel shall, to the 
        fullest extent possible, be recruited from among older 
        individuals described in subsection (a)(1).
          (4) Communities.--
                  (A) In general.--If such project is carried 
                out by or under an agreement with a State, the 
                project shall provide employment for such 
                individuals in the community in which such 
                individuals reside, or in nearby communities.
                  (B) Reservations.--If such project is carried 
                out by a tribal organization that receives a 
                grant under subsection (a), or enters into an 
                agreement under subsection (b) with a State 
                that receives a grant under subsection (a), the 
                project shall provide employment for such 
                individuals who are Indians residing on an 
                Indian reservation, as the term is defined in 
                section 2601(2) of the Energy Policy Act of 
                1992 (25 U.S.C. 3501(2)).
          (5) Services.--The project (except a project carried 
        out under an agreement described in subsection (b)(3)) 
        shall employ older individuals described in subsection 
        (a)(1) in positions in which the individuals provide 
        services--
                  (A) related to publicly owned and operated 
                facilities or public projects; or
                  (B) related to projects sponsored by 
                organizations 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.
          (6) General welfare.--The project shall contribute to 
        the general welfare of the community in which the 
        project is carried out.
          (7) Employment impacts.--The project shall--
                  (A) result in an increase in employment 
                opportunities over the opportunities that would 
                otherwise be available;
                  (B) not result in the displacement (including 
                partial displacement, such as a reduction in 
                the hours of nonovertime work or wages or 
                employment benefits) of currently employed 
                workers (as of the date of the beginning of the 
                project); and
                  (C) not impair existing contracts (as of the 
                date of the beginning of the project) or result 
                in the substitution of Federal funds for other 
                funds in connection with work that would 
                otherwise be performed.
          (8) Recruitment and selection.--In carrying out the 
        project, the entity shall utilize methods of 
        recruitment and selection (including listing job 
        vacancies with an employment agency operated by any 
        State or political subdivision of a State) that will 
        ensure that the maximum number of older individuals 
        described in subsection (a)(1) will have an opportunity 
        to participate in the project.
          (9) Training.--The project shall include such 
        training as may be necessary to make the most effective 
        use of the skills and talents of such individuals who 
        are participating in the project and assist in their 
        transition into employment for which no financial 
        assistance is provided under this subtitle.
          (10) Advice.--The entity shall establish or 
        administer the project after receiving the advice of--
                  (A) individuals competent in the field of 
                service in which the project will provide 
                employment; and
                  (B) individuals who are knowledgeable with 
                regard to the needs of older individuals.
          (11) Assessment.--The entity shall prepare an 
        assessment of--
                  (A) the skills and talents of each 
                participating older individual;
                  (B) the need of the older individual for 
                supportive services; and
                  (C) the ability of the older individual to 
                perform community service employment;
        except to the extent that the project has an assessment 
        of such skills and talents, such need, or such ability, 
        of the individual that was prepared recently pursuant 
        to another Federal or State employment or job training 
        program.
          (12) Notice and explanation.--The entity that carries 
        out such project shall post in the project workplace a 
        notice, and shall make available to each individual 
        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.
          (13) Priority in employment opportunities.--In 
        providing employment opportunities (including arranging 
        for the provision of employment opportunities) under 
        the project, such entity shall give priority to low-
        income older individuals described in subsection (a)(1) 
        who are 60 years of age or older.
  (e) Prerequisite Determinations and Coordination.--
          (1) Determinations.--To effectively carry out 
        subsection (b), a State or tribal organization that 
        receives a grant under subsection (a) for a fiscal year 
        shall, after consultation with the appropriate area 
        agencies on aging and with other organizations that 
        received funds under this subtitle in the preceding 
        fiscal year--
                  (A) make a determination identifying the 
                localities in the State (or on an Indian 
                reservation if a tribal organization receives 
                such a grant or enters into an agreement with a 
                State that receives such a grant), 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)(1); and
                  (C) make a determination identifying 
                potential projects for, and the number and 
                percentage of such individuals in the local 
                population of, each such locality.
          (2) Coordination.--To increase employment 
        opportunities available to older individuals, the State 
        or tribal organization shall coordinate the projects 
        assisted under this subtitle with--
                  (A) other programs, projects, and activities 
                carried out under this Act; and
                  (B) other Federal or State employment or job 
                training programs.
          (3) Participants.--To the maximum extent practicable, 
        the State or tribal organization shall ensure that 
        entities that carry out projects under this subtitle 
        provide employment (including arranging for the 
        provision of employment) under this subtitle to older 
        individuals who on the day before the effective date of 
        section 3 of the Older Americans Amendments of 1996 
        were participants under an agreement entered into under 
        section 502(b) (as in effect on the day before such 
        date).
  (f) Equitable Use of Funds.--To the maximum extent 
practicable, the State or tribal organization shall use funds 
available for this subtitle to enter into agreements under 
subsection (b), or carry out this subtitle, in an equitable 
manner, taking into consideration the number of eligible older 
individuals in the various geographical areas served under the 
agreements or by the State or organization and the relative 
distribution of such individuals among urban and rural areas.
  (g) Prior Submission of Project Description.--If an entity 
carries out a project under this subtitle in a planning and 
service area, and the entity is not the area agency on aging 
for the planning and service area, the entity shall carry out 
the project in consultation with the area agency on aging and 
shall submit to the area agency on aging, not less than 30 days 
before undertaking the project, a description (including the 
location) of such project.
  (h) Alternative Work Modes; Technical Assistance.--To assist 
entities carrying out, and participants in, projects assisted 
under this subtitle, the State or tribal organization may 
develop alternatives for innovative work modes and provide 
technical assistance in creating job 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 a State or tribal organization elects under 
subsection (b) to enter into agreements described in paragraph 
(3) of such subsection for a fiscal year, the State or tribal 
organization shall submit to the Assistant Secretary a report 
describing the projects carried out under such agreements.
  (j) Data Collection and Analysis.--A State or tribal 
organization that receives a grant under subsection (a) for a 
project shall use a portion of the funds available for 
administrative costs, as described in subsection (a)(2)(B)--
          (1) to collect data and carry out analyses related to 
        the need for community service employment within the 
        population served under the grant; and
          (2) to disseminate information obtained through the 
        data collection and analyses.
  (k) 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 
subtitle the goal of annually placing not less than 20 percent 
of project participants in employment for which no financial 
assistance is provided under this subtitle.

SEC. 224. PARTICIPANTS NOT FEDERAL EMPLOYEES.

  (a) Project Participants.--Older individuals described in 
section 223(a)(1) who participate in a project assisted under 
this subtitle 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, United States Code.
  (b) Workmen's Compensation.--No State or tribal organization 
shall enter into an agreement under section 223(b) with, or 
carry out such a project through, an entity who is, or whose 
employees are, under State law, exempted from the operation of 
the State workmen's compensation law, generally applicable to 
employees, unless the entity undertakes 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 such coverage provided by law for covered 
employment.

SEC. 225. EMPLOYMENT ASSISTANCE AND FEDERAL HOUSING AND FOOD STAMP 
                    PROGRAMS.

  Funds received by eligible individuals from projects carried 
out under this subtitle 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 
(7 U.S.C. 2011 et seq.).

      Subtitle D--Disease Prevention and Health Promotion Program

SEC. 231. ESTABLISHMENT OF GRANT PROGRAM.

  (a) Authority.--The Assistant Secretary shall carry out a 
program for making grants to States, to enable the States to 
assist eligible area agencies on aging to provide disease 
prevention and health promotion services and information at 
multipurpose senior centers, at congregate meal sites, through 
home-delivered meal programs, or at other appropriate sites. In 
carrying out such program, the Assistant Secretary shall 
consult with the Director of the Centers for Disease Control 
and Prevention and the Director of the National Institute on 
Aging.
  (b) Services.--Each State, in consultation with the Assistant 
Secretary, shall determine the services to be provided as 
disease prevention and health promotion services in the State 
under this subtitle. The State may not include services for 
which payment may be made under title XVIII of the Social 
Security Act (42 U.S.C. 1395 et seq.).
  (c) Use of Services.--Each State, to the extent possible, 
shall assure that area agencies on aging use services provided 
by other community organizations and agencies in carrying out 
the provisions of this subtitle.

SEC. 232. DISTRIBUTION TO AREA AGENCIES ON AGING.

  The State agency shall give priority, in assisting area 
agencies on aging under this subtitle, to agencies serving 
areas of the State--
          (1) that are medically underserved; and
          (2) in which there are large numbers of older 
        individuals with greatest economic need who are in need 
        of services described in section 231.

                   TITLE III--LOCAL PROGRAMS ON AGING

                     Subtitle A--General Provisions

SEC. 301. ELIGIBILITY OF LOCAL ORGANIZATIONS.

  (a) Designation of Area Agencies on Aging.--An area agency on 
aging designated under section 201(a)--
          (1) 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 on behalf of such combination 
                only 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 such 
                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 of nutrition services, within the 
                planning and service area; or
                  (E) in the case of a State designated under 
                section 201(a)(1)(E) as a single planning and 
                service area, the State agency; and
          (2) shall provide an assurance, determined to be 
        adequate by the State agency, that the area agency on 
        aging will have the ability to develop an area plan in 
        accordance with section 302 and to carry out, directly 
        or through contractual or other arrangements, a program 
        in accordance with the plan within the planning and 
        service area.
  (b) Preference.--In designating an area agency on aging 
within the planning and service area, including 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.

SEC. 302. AREA PLANS.

  (a) Plan.--To be eligible for designation as an area agency 
on aging in a State, an entity shall prepare, develop, and 
submit to the State agency 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 revisions as may be necessary. 
Each such plan shall be based on 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 (including, where 
                appropriate, services to support the 
                establishment or maintenance of multipurpose 
                senior centers), nutrition services (including 
                home-delivered nutrition services and 
                congregate nutrition services), within the 
                planning and service area covered by the plan;
                  (B) determining the extent of need for 
                supportive services (including services to 
                support multipurpose senior centers), and 
                nutrition services (taking into consideration 
                the comparative need for home-delivered 
                nutrition services, congregate nutrition 
                services, and adult day care nutrition 
                services), in such area (taking into 
                consideration, among other things, the number 
                of low-income older individuals residing in 
                such area, the number of older individuals with 
                greatest economic need residing in such area, 
                the number of older individuals with greatest 
                social need residing in such area, the number 
                of older individuals who are Indians residing 
                in such area, and the efforts of voluntary 
                organizations in such area);
                  (C) evaluating the effectiveness of the use 
                of resources in meeting such need; and
                  (D) entering into agreements with providers 
                of supportive services (including services to 
                support multipurpose senior centers) and 
                nutrition services 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 use of home- and 
        community-based care for older individuals, 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 services provided under the plan, with 
        particular emphasis on linking services available to--
                  (A) isolated older individuals; and
                  (B) older individuals with Alzheimer's 
                disease or related disorders and with 
                neurological or organic brain dysfunction (and 
                the caretakers of such individuals).
          (4) Specific objectives; outreach.--
                  (A) Objectives.--The plan shall contain an 
                assurance 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) Outreach.--The plan shall contain 
                assurances that the area agency on aging will 
                use outreach efforts that will--
                          (i) identify individuals eligible for 
                        assistance under subtitle B or C, 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, with 
                                particular attention to low-
                                income minority individuals;
                                  (IV) older individuals with 
                                severe disabilities;
                                  (V) older individuals with 
                                limited-English speaking 
                                ability;
                                  (VI) older individuals with 
                                Alzheimer's disease or related 
                                disorders and with neurological 
                                or organic brain dysfunction 
                                (and the caretakers of such 
                                individuals); and
                                  (VII) low-income minority 
                                older 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 (including 
                services to support multipurpose senior 
                centers) and nutrition services 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 
                the plan;
                  (C) serve as the advocate and focal point for 
                older individuals within communities in the 
                planning and service area by (in cooperation 
                with agencies, organizations, institutions, and 
                individuals participating in activities under 
                the plan) monitoring, evaluating, and 
                commenting on all policies, programs, hearings, 
                levies, and community actions within the area 
                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 
                carried out 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;
                  (E) facilitate the coordination of community-
                based, long-term care services for older 
                individuals designed to--
                          (i) retain individuals in their 
                        homes, deferring unnecessary, costly 
                        institutionalization; and
                          (ii) 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 for 
                older individuals 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 and with neurological or 
                        organic brain dysfunction (and the 
                        families of such individuals); and
                          (ii) the mental health services 
                        provided by community health centers 
                        and by other public and nonprofit 
                        private agencies, organizations, and 
                        institutions; and
                  (H) establish a grievance procedure for older 
                individuals who are dissatisfied with services 
                provided, or who are denied services, under 
                subtitle B or C.
          (6) Volunteers.--The plan shall demonstrate that the 
        area agency on aging will 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.
          (7) Prevention of elder abuse, neglect, and 
        exploitation.--Whenever the State desires to provide 
        for programs for the prevention of elder abuse, 
        neglect, and exploitation for a fiscal year, the plan 
        shall--
                  (A) contain an assurance that the area agency 
                on aging will conduct such a program in a 
                manner consistent with the provisions of this 
                Act;
                  (B) contain an assurance that the area agency 
                on aging will provide public education and 
                outreach to identify and prevent elder abuse, 
                neglect, and exploitation;
                  (C) contain an assurance that the area agency 
                on aging--
                          (i) will establish procedures for 
                        receipt of reports of elder abuse, 
                        neglect, and exploitation; and
                          (ii) on receipt of a report of a 
                        known or suspected instance of abuse, 
                        neglect, or exploitation of an older 
                        individual, will promptly refer the 
                        reported matter to the proper 
                        authorities for investigation and 
                        action consistent with State law; and
                  (D) specify other activities that the area 
                agency--
                          (i) determines to be beneficial in 
                        the prevention of elder abuse, neglect, 
                        and exploitation; and
                          (ii) 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 subtitles B and C, and 
                subtitle D of title II; 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 
        Act (including conducting an audit), disclose all 
        sources and expenditures of funds such agency receives 
        or expends to provide assistance to older individuals.
          (10) Prohibition on misuse of funds.--The plan shall 
        provide assurances that funds received from allotments 
        made under section 121(c) and assistance made available 
        under sections 123 and 231 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 arrangement that is not carried 
        out to implement subtitle B or C, or subtitle D of 
        title II.
          (11) Case management services.--The plan shall 
        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);
                  (C) include the provision, to consumers, of a 
                list of available service providers for 
                appropriate care in the planning and service 
                area served by the 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 described in 
                                section 223(d)(5)(B), and is 
                                located in a planning and 
                                service area for which the area 
                                agency on aging contracted with 
                                a nonprofit private agency to 
                                provide case management 
                                services in fiscal year 1992.
          (12) Cost sharing.--The plan shall contain an 
        assurance that any requirements for cost sharing by 
        recipients of services provided under the plan will be 
        consistent with the provisions of the State plan that 
        satisfy the requirement specified in section 
        202(a)(16).
  (b) Preservation of Attorney-Client Privilege.--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.
  (c) State Authority To Withhold Assistance.--
          (1) Failure to comply.--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 assistance available under the allotment 
        made under section 121(c) and of the assistance 
        available under sections 123 and 231.
          (2) Due process.--
                  (A) In general.--The head of the State agency 
                shall not withhold assistance under paragraph 
                (1) without first affording the area agency on 
                aging due process in accordance with procedures 
                established by the State agency.
                  (B) Procedures.--At a minimum, such 
                procedures shall include procedures for--
                          (i) providing notice of an action to 
                        withhold assistance;
                          (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) Direct administration of programs.--
                  (A) In general.--If the State agency 
                withholds the assistance under paragraphs (1) 
                and (2), the State agency may use the 
                assistance withheld to directly administer 
                programs under subtitle B or C, or subtitle D 
                of title II, in the planning and service area 
                served by the area agency on aging for a period 
                of not to exceed 180 days, except as provided 
                in subparagraph (B).
                  (B) Extension of period.--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 until the area agency on aging takes 
                satisfactory corrective action, but not for 
                longer than 1 year. If, at the end of the 1-
                year extension, the area agency on aging has 
                not taken satisfactory corrective action, the 
                State shall designate a new area agency on 
                aging to serve the planning and service area.

SEC. 303. SERVICES PROVIDED BY CHARITABLE, RELIGIOUS, OR PRIVATE 
                    ORGANIZATIONS.

  (a) In General.--
          (1) State options.--Notwithstanding any other 
        provision of law, a State may--
                  (A) administer and provide services under a 
                program described in paragraph (2)(A) through 
                grants or contracts with charitable, religious, 
                or private organizations; and
                  (B) provide beneficiaries of assistance under 
                a program described in paragraph (2)(B) with 
                certificates, vouchers, or other forms of 
                disbursement that are redeemable with such 
                organizations.
          (2) Program described.--The program described in this 
        paragraph is a program funded under this Act that--
                  (A) permits grants or contracts with 
                organizations; or
                  (B) permits certificates, vouchers, or other 
                forms of disbursement to be provided to 
                beneficiaries as a means of providing 
                assistance.
  (b) Religious Organizations.--The purpose of this section is 
to allow religious organizations to receive a grant, to 
contract, or to accept certificates, vouchers, or other forms 
of disbursement under any program described in subsection 
(a)(2), on the same basis as any other provider without 
impairing the religious character of such organizations, and 
without diminishing the religious freedom of beneficiaries of 
assistance funded under such program.
  (c) Nondiscrimination Against Religious Organizations.--
Religious organizations are eligible, on the same basis as any 
other private organization, as grant recipients or contractors 
to provide assistance, or to accept certificates, vouchers, or 
other forms of disbursement, under any program described in 
subsection (a)(2) so long as the programs are implemented in a 
manner consistent with the Establishment Clause of the first 
amendment to the Constitution. Neither the Federal Government 
nor a State receiving funds under such programs shall 
discriminate against an organization that is or applies to be a 
grant recipient or contractor to provide assistance, or that 
accepts certificates, vouchers, or other forms of disbursement, 
on the basis that the organization has a religious character.
  (d) Religious Character and Freedom.--
          (1) Religious organizations.--Notwithstanding any 
        other provision of law, any religious organization with 
        a grant or contract referred to in subsection 
        (a)(1)(A), or that accepts certificates, vouchers, or 
        other forms of disbursement referred to in subsection 
        (a)(1)(B), shall retain its independence from Federal, 
        State, and local governments, including such 
        organization's control over the definition, 
        development, practice, and expression of its religious 
        beliefs.
          (2) Additional safeguards.--Neither the Federal 
        Government nor a State shall require a religious 
        organization to--
                  (A) alter its form of internal governance; or
                  (B) remove religious art, icons, scripture, 
                or other symbols;
        in order to be eligible to receive a grant or contract 
        to provide assistance, or to accept certificates, 
        vouchers, or other forms of disbursement, funded under 
        a program described in subsection (a)(2).
  (e) Rights of Beneficiaries of Assistance.--
          (1) In general.--If an individual described in 
        paragraph (2) has an objection to the religious 
        character of the organization from which the individual 
        receives, or would receive, assistance funded under any 
        program described in subsection (a)(2), the State in 
        which the individual resides shall provide to such 
        individual (if otherwise eligible for such assistance) 
        from an alternative provider assistance the value of 
        which is not less than the value of the assistance that 
        the individual would have received from such 
        organization.
          (2) Individual described.--An individual described in 
        this paragraph is an individual who receives, applies 
        for, or requests to apply for, assistance under a 
        program described in subsection (a)(2).
  (f) Nondiscrimination in Employment.--
          (1) In general.--Except as provided in paragraph (2), 
        nothing in this section shall be construed to modify or 
        affect the provisions of any other Federal or State law 
        or regulation that relates to discrimination in 
        employment on the basis of religion.
          (2) Exception.--A religious organization with a grant 
        or contract referred to in subsection (a)(1)(A), or 
        that accepts certificates, vouchers, or other forms of 
        disbursement referred to in subsection (a)(1)(B), may 
        require that an employee rendering service pursuant to 
        such grant or contract, or pursuant to the 
        organization's acceptance of certificates, vouchers, or 
        other forms of disbursement adhere to--
                  (A) the religious tenets and teachings of 
                such organization; and
                  (B) any rules of the organization regarding 
                the use of drugs or alcohol.
  (g) Nondiscrimination Against Beneficiaries.--Except as 
otherwise provided in law, a religious organization shall not 
discriminate against an individual in regard to rendering 
assistance funded under any program described in subsection 
(a)(2) on the basis of religion, a religious belief, or refusal 
to actively participate in a religious practice.
  (h) Fiscal Accountability.--
          (1) In general.--Except as provided in paragraph (2), 
        any religious organization receiving a grant or 
        contracting to provide assistance funded under any 
        program described in subsection (a)(2) shall be subject 
        to the same regulations as other grant recipients or 
        contractors to account in accord with generally 
        accepted auditing principles for the use of such funds 
        provided under such programs.
          (2) Limited audit.--If such organization segregates 
        Federal funds provided under such programs into 
        separate accounts, only the Federal funds provided to 
        the organization shall be subject to audit.
  (i) Compliance.--A religious organization that has its rights 
under this section violated may enforce its claim exclusively 
by asserting a civil action for such relief as may be 
appropriate, including injunctive relief or damages, in an 
appropriate State court against the entity or agency that 
allegedly commits such violation.
  (j) Limitations on Use of Funds for Certain Purposes.--
          (1) In general.--No funds provided directly to 
        organizations (including funds provided through a grant 
        or contract) to provide services and administer 
        programs funded under this Act shall be expended for 
        sectarian worship or instruction.
          (2) Exception.--Paragraph (1) shall not apply to 
        financial assistance provided to or on behalf of 
        beneficiaries of assistance in the form of 
        certificates, vouchers, or other forms of disbursement, 
        if such beneficiary may choose where such assistance 
        shall be redeemed.

           Subtitle B--Supportive Services and Senior Centers

SEC. 311. PROGRAM AUTHORIZED.

  The Assistant Secretary shall carry out a program for making 
grants to States, under State plans approved under section 202, 
to enable the States to assist eligible area agencies on aging 
in carrying out through grants and contracts with eligible 
entities 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 (including information and assistance 
        services) designed to encourage and assist older 
        individuals to use the facilities and services 
        available to the individuals, including language 
        translation services to assist older individuals with 
        limited-English speaking ability to obtain services 
        under this subtitle.
          (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 residences 
                in conformity with minimum housing standards;
                  (B) to adapt residences 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).
          (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 and with neurological or 
                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 insurance benefits, public benefits, 
        lifestyle changes, relocation, legal matters, leisure 
        time, and other appropriate matters.
          (9) 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.
          (10) Services to encourage the employment of older 
        individuals (which shall be coordinated with the 
        assistance provided through the community service 
        employment program carried out under subtitle C of 
        title II), including job and second career counseling 
        and, in an appropriate case, job development, referral, 
        and placement.
          (11) Services for the prevention of elder abuse, 
        neglect, and exploitation.
          (12) Crime prevention services, and victim assistance 
        programs, for older individuals.
          (13) Health and nutrition education services, 
        including information concerning prevention, diagnosis, 
        treatment, and rehabilitation relating to age-related 
        diseases and chronic disabling conditions.
          (14) Services designed to enable mentally impaired 
        older individuals to attain and maintain emotional 
        well-being and independent living through a 
        comprehensive and coordinated system of services 
        described in the other paragraphs of this section.
          (15) 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.
          (16) 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.
          (17) Services to support the establishment or 
        maintenance of multipurpose senior centers.
          (18) Services that provide reasonable opportunities 
        for older individuals to participate on a voluntary 
        basis in multigenerational activities.
          (19) Transportation services to facilitate access to 
        the services authorized to be provided under any other 
        paragraph of this section.
          (20) Services provided through a State long-term care 
        ombudsman program in accordance with subtitle B of 
        title II.
          (21) Any other services, if provision of the services 
        is consistent with the core objectives described in 
        section 101(2).

                     Subtitle C--Nutrition Services

SEC. 321. PROGRAM AUTHORIZED.

  (a) Nutrition Services.--The Assistant Secretary shall carry 
out a program for making grants to States, under State plans 
approved under section 202, to enable the States to assist 
eligible area agencies on aging in establishing and operating, 
through grants and contracts with agencies, nutrition projects 
that provide 5 or more days a week (or less frequently in a 
rural area where such frequency is not feasible or in a State 
for which a lesser frequency is approved by the State agency)--
          (1) meals to eligible individuals in congregate meals 
        settings; and
          (2) meals to eligible individuals in their homes.
  (b) Requirements.--Meal providers providing meals under a 
grant or contract made under this subtitle shall provide 
eligible older individuals with at least 1 meal per day and any 
additional meals per day that the agency carrying out the 
project under the grant or contract may elect to provide.

SEC. 322. ADDITIONAL REQUIREMENTS.

  A State that establishes and operates a nutrition project 
under this subtitle shall--
          (1) solicit the advice of a dietitian or an 
        individual with comparable expertise in the planning of 
        nutritional services; and
          (2) ensure that--
                  (A) the project provides meals that--
                          (i) comply with the Dietary 
                        Guidelines for Americans, published by 
                        the Secretary and the Secretary of 
                        Agriculture;
                          (ii) provide to each older individual 
                        served by the project--
                                  (I) a minimum of 33\1/3\ 
                                percent of the daily 
                                recommended dietary allowances 
                                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 project 
                        participants;
                  (B) the agency carrying out the project 
                provides flexibility to local meal providers in 
                designing meals that are appealing to project 
                participants;
                  (C) the agency carrying out the project makes 
                grants, or encourages meal providers to enter 
                into contracts, that limit the amount of time 
                that meals may spend in transit before the 
                meals are consumed;
                  (D) the agency carrying out the project, 
                where feasible, encourages arrangements with 
                schools and other facilities serving meals to 
                children in order to promote intergenerational 
                meal programs;
                  (E) the agency carrying out the project 
                provides that meals, other than home-delivered 
                meals, are provided in settings in as close 
                proximity to the majority of the residences of 
                older individuals served by the project as is 
                feasible;
                  (F) the agency carrying out the project 
                ensures that meal providers carry out such 
                project with the advice of dietitians (or 
                individuals with comparable expertise in the 
                planning of nutritional services), older 
                individuals served by the project, and other 
                individuals who are knowledgeable with regard 
                to the needs of older individuals;
                  (G) the agency carrying out the project 
                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 older individuals served by the 
                project, to individuals providing volunteer 
                services during the meal hours, and to 
                individuals with disabilities who reside at 
                home with, and accompany to the meal, older 
                individuals served by the project;
                  (H) the agency carrying out the project 
                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 that are occupied primarily by older 
                individuals and at which congregate nutrition 
                services are provided;
                  (I) the project, where appropriate, provides 
                for nutrition education, counseling, and 
                screening; and
                  (J) the agency carrying out the project 
                ensures that meal providers carry out such 
                project in accordance with applicable State and 
                local laws relating to food service.





                                                                 S.L.C.

              TITLE IV--NATIVE AMERICAN PROGRAMS ON AGING

SEC. 401. GRANTS FOR SERVICES TO NATIVE AMERICANS.

  (a) Authority To Make Grants.--The Assistant Secretary may 
make grants to organizations that meet the requirements of 
subsection (b) and section 402 (referred to individually in 
this title as an ``eligible organization'') to pay for 100 
percent of the costs of projects for delivery of supportive 
services, and nutrition services, for older individuals who are 
Native Americans.
  (b) Eligibility of Organizations.--An organization shall be 
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 nutrition services;
          (2) an Alaska Native organization that--
                  (A) represents at least 50 older individuals; 
                and
                  (B) demonstrates the ability to deliver 
                supportive services and nutrition services; or
          (3) a public or nonprofit private organization that--
                  (A) is primarily controlled by and comprised 
                of Native Hawaiians;
                  (B) will serve at least 50 older individuals 
                who are Native Hawaiians; and
                  (C) demonstrates the ability to deliver 
                supportive services and nutrition services.

SEC. 402. APPLICATIONS FOR GRANTS.

  (a) Requirement.--To be eligible to receive a grant under 
this title, an organization shall submit an application to the 
Assistant Secretary at such time, in such form, and containing 
such information as the Assistant Secretary may establish by 
rule. Each such application shall--
          (1) provide an assurance that such organization will 
        evaluate the need for supportive services and nutrition 
        services among older individuals who are--
                  (A) Indians represented by the organization 
                submitting the application if such organization 
                is a tribal organization described in section 
                401(b)(1);
                  (B) Alaska Natives represented by the 
                organization submitting the application if such 
                organization is an Alaska Native organization 
                described in section 401(b)(2); or
                  (C) Native Hawaiians to be served by the 
                organization submitting the application if such 
                organization is an organization described in 
                section 401(b)(3);
          (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 at such time, 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) contain information describing 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 an assurance that the organization will, 
        whenever feasible, give preference to older individuals 
        who are Native Americans in hiring individuals for 
        full- or part-time staff positions;
          (8) provide an assurance that, either directly or by 
        way of grant or contract with appropriate entities, the 
        organization will--
                  (A) ensure that nutrition services will be 
                delivered to older individuals as described in 
                paragraph (1); and
                  (B) substantially comply with subtitle C of 
                title III;
        except that in any case in which the need of such 
        individuals for nutrition 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 an assurance that in providing any legal 
        assistance services or ombudsman services to older 
        individuals as described in paragraph (1), the 
        organization will substantially comply with the 
        provisions of subtitles A and B of title II, and 
        subtitles A and B of title III, relating to furnishing 
        similar services;
          (10) provide an assurance that the organization will 
        adopt such fiscal control and fund accounting 
        procedures 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 under this title;
          (11) demonstrate that such organization will 
        coordinate services provided under this title with 
        services provided under subtitles B, C, and D of title 
        II, and subtitles B and C of title III, in the same 
        geographical area; and
          (12) if the organization elects to solicit voluntary 
        contributions from older individuals, provide an 
        assurance that such organization will ensure that--
                  (A) the amount of the contributions will be 
                based on the ability of the older individuals 
                to make such contributions; and
                  (B) the contributions will be used to 
                increase, or to expand access to, services 
                provided under this title.
  (b) Population Statistics.--For the purpose of obtaining 
information for any application submitted under subsection (a) 
for a grant, an organization may develop population statistics 
approved by the Bureau of Indian Affairs for the population to 
be served under the grant, in order to establish eligibility to 
receive a grant under this title.
  (c) Approval of Application.--
          (1) In general.--The Assistant Secretary shall 
        approve any application that complies with subsection 
        (a).
          (2) Reports.--The Assistant Secretary shall provide 
        waivers and exemptions of the reporting requirements of 
        subsection (a)(3) for applicants that serve Native 
        American populations in geographically isolated areas, 
        or applicants that serve small Native American 
        populations, where the small scale of the project, the 
        nature of the applicant, or other factors make the 
        reporting requirements unreasonable under the 
        circumstances. The Assistant Secretary shall consult 
        with such applicants in establishing appropriate 
        waivers and exemptions.
          (3) Nutrition services.--In determining whether an 
        application complies with the requirements of 
        subsection (a)(8)(B), the Assistant Secretary shall 
        provide maximum flexibility to an applicant who seeks 
        to take into account subsistence needs, local customs, 
        and other characteristics that are appropriate to the 
        unique cultural, regional, and geographic needs of the 
        Native American populations to be served.
          (4) Coordination.--In determining whether an 
        application complies with the requirements of 
        subsection (a)(11), the Assistant Secretary shall 
        require only that an applicant provide a narrative 
        description of the geographical area to be served and 
        an assurance that the applicant will adopt procedures 
        on receipt of the grant to ensure against duplicate 
        services being provided to the same recipients.
  (d) Application Not Approved.--Whenever the Assistant 
Secretary determines that the Assistant Secretary will not 
approve an application submitted under subsection (a) by an 
organization the Assistant Secretary shall--
          (1) provide objections relating to the application 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 
        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 (c), the 
Assistant Secretary shall make a grant to the organization 
under this title for a period of not less than 12 months.

SEC. 403. DISTRIBUTION OF FUNDS AMONG ELIGIBLE ORGANIZATIONS.

  (a) Maintenance of 1991 Amounts.--Subject to the availability 
of appropriations to carry out this title, the amount of a 
grant (if any) made under this title to an eligible 
organization for fiscal year 1997 or a subsequent fiscal year 
shall be not less than the amount of the grant made to the 
eligible organization for fiscal year 1991 under part A or B of 
title VI (as in effect on September 30, 1990).
  (b) Use of Additional Amounts Appropriated.--If the amount 
appropriated to carry out this title for fiscal year 1997 or a 
subsequent fiscal year exceeds the amount appropriated to carry 
out parts A and B of such title VI for fiscal year 1991, the 
amount of the grant (if any) made under this title to an 
eligible organization for such subsequent fiscal year shall 
be--
          (1) increased by such amount as the Assistant 
        Secretary considers to be appropriate, in addition to 
        any amount required by subsection (a), so that the 
        grant equals or more closely approaches the amount of 
        the grant made to the eligible organization--
                  (A) for fiscal year 1980 under part A of 
                title VI (as in effect on September 30, 1979); 
                or
                  (B) for fiscal year 1995 under part B of 
                title VI (as in effect on September 30, 1994); 
                or
          (2) an amount the Assistant Secretary considers to be 
        sufficient, if the eligible organization--
                  (A) in the case of an organization described 
                in paragraph (1) or (2) of section 401(b), did 
                not receive a grant under part A of title VI 
                for either fiscal year 1980 or fiscal year 1991 
                (as in effect on September 30, 1979 or 
                September 30, 1990, as appropriate); or
                  (B) in the case of an organization described 
                in section 401(b)(3), did not receive a grant 
                under part B of title VI for either fiscal year 
                1991 or fiscal year 1995 (as in effect on 
                September 30, 1990 or September 30, 1994, as 
                appropriate).

SEC. 404. SURPLUS EDUCATIONAL FACILITIES.

  (a) Requirement.--
          (1) Availability.--Notwithstanding any other 
        provision of law, the Secretary of the Interior shall--
                  (A) make a surplus Indian educational 
                facility or a surplus Alaska Native educational 
                facility available for use as a multipurpose 
                senior center--
                          (i) to an organization described in 
                        section 401(b)(1) or an organization 
                        described in section 401(b)(2), 
                        respectively; or
                          (ii) with the approval of the Indian 
                        tribe or Alaska Native organization 
                        involved, to a public or nonprofit 
                        private organization; and
                  (B) make any other surplus educational 
                facility that is under the control of the 
                Secretary of the Interior and is located in 
                Hawaii available for use as a multipurpose 
                senior center, to an organization described in 
                section 401(b)(3).
          (2) Alteration to provide certain services.--Such 
        centers may be altered so as to provide extended care 
        facilities, community center facilities, nutrition 
        services, adult day-care services, child care services, 
        or other supportive services.
  (b) Application.--To be eligible to receive a surplus 
educational facility made available under subsection (a), an 
organization described in section 401(b) shall submit an 
application to the Secretary of the Interior at such time, in 
such form, and containing such information, as the Secretary of 
the Interior determines to be necessary to carry out this 
section.

SEC. 405. ADMINISTRATION.

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

SEC. 406. 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 and in 
such installments and on such conditions as the Assistant 
Secretary may determine to be appropriate.

SEC. 407. AUTHORIZATION OF APPROPRIATIONS.

  There are authorized to be appropriated to carry out this 
title, such sums as may be necessary for fiscal years 1997 
through 2001.

          TITLE V--SENIOR COMMUNITY SERVICE EMPLOYMENT PROGRAM

SEC. 501. SHORT TITLE.

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

SEC. 502. ALLOTMENT OF FUNDS FOR FISCAL YEAR 1996.

  (a) Allotment.--
          (1) Reservation of funds for tribal organizations.--
        Of the amount appropriated under section 507 for fiscal 
        year 1996, the Assistant Secretary shall reserve not 
        more than 1.3 percent for making grants under this 
        title to tribal organizations.
          (2) Allotment of funds.--
                  (A) Allotment.--After reserving funds under 
                paragraph (1), the Assistant Secretary shall 
                allot the remainder of the amount appropriated 
                under section 507 for fiscal year 1996 among 
                the States as follows:
                          (i) In general.--Each State shall be 
                        allotted an amount equal to the product 
                        of--
                                  (I) the base percentage rate 
                                for such fiscal year; and
                                  (II) a sum that bears the 
                                same ratio to such remainder 
                                for such fiscal year as the 
                                amount of funds allotted to 
                                such State for fiscal year 1995 
                                to carry out this title (as in 
                                effect on the day before the 
                                date of enactment of the Older 
                                Americans Amendments of 1996) 
                                bears to the total amount 
                                allotted to all States for 
                                fiscal year 1995 to carry out 
                                such title.
                          (ii) Balance.--The balance of the 
                        remainder for fiscal year 1996 shall be 
                        allotted in accordance with 
                        subparagraph (C).
                  (B) Base percentage rates.--For purposes of 
                subparagraph (A)(i), the base percentage rate 
                for fiscal year 1996 shall be 80 percent.
                  (C) Allotments based on age and per capita 
                income.--The balance referred to in 
                subparagraph (A)(ii) shall be allotted as 
                follows:
                          (i) Allotment.--Subject to clause 
                        (ii), each State shall be allotted an 
                        amount equal to the product of--
                                  (I) the allotment percentage 
                                of the State; and
                                  (II) a sum that bears the 
                                same ratio to such balance for 
                                such fiscal year as the number 
                                of individuals 55 years of age 
                                or older in the State bears to 
                                the population of such 
                                individuals in all States.
                          (ii) Reduction.--The amounts allotted 
                        under clause (i) shall be reduced 
                        proportionately to the extent necessary 
                        to increase other allotments made under 
                        such clause to achieve the following:
                                  (I) States.--Each State shall 
                                be allotted not less than \1/2\ 
                                of 1 percent of the balance for 
                                the fiscal year for which the 
                                determination is made.
                                  (II) Other jurisdictions.--
                                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 
                                balance for the fiscal year for 
                                which the determination is made 
                                or $50,000, whichever is 
                                greater.
                  (D) Allotment percentage.--For purposes of 
                subparagraph (C)(i)--
                          (i) except as provided in clauses 
                        (ii) through (iv), the allotment 
                        percentage of each State shall be 100 
                        percent less the percentage that 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;
                          (ii) the allotment percentage for 
                        each State shall be not more than 75 
                        percent and not less than 33\1/3\ 
                        percent;
                          (iii) the allotment percentage for 
                        Guam, American Samoa, the Virgin 
                        Islands of the United States, and the 
                        Commonwealth of the Northern Mariana 
                        Islands shall be 75 percent; and
                          (iv) subject to clause (ii), the 
                        allotment percentage for a State whose 
                        allotment percentage is not adjusted 
                        under clause (ii) or (iii) shall be 
                        adjusted proportionately to the extent 
                        necessary to achieve the percentages 
                        required under such clauses.
                  (E) Limitation.--For purposes of 
                subparagraphs (C)(ii)(I) and (D)(i), the term 
                ``State'' does not include Guam, American 
                Samoa, the Virgin Islands of the United States, 
                or the Commonwealth of the Northern Mariana 
                Islands.
                  (F) 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 recent data available from 
                the Bureau of the Census and other reliable 
                demographic data satisfactory to the Assistant 
                Secretary.
  (b) Reallotment.--If any part of the amount allotted under 
this section to a State for a fiscal year is not distributed to 
the State for such fiscal year, such part shall be reallotted 
under this section for such fiscal year to the remaining 
eligible States.

SEC. 503. SENIOR COMMUNITY SERVICE EMPLOYMENT PROGRAM.

  (a) Authority for Program.--
          (1) Grants.--With funds allotted under section 
        502(a), 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 (as 
        determined in accordance with standards issued by the 
        States and organizations), part-time employment 
        opportunities providing community services, including 
        providing services for a business, to the extent 
        permitted by subsection (b)(3).
          (2) Use of funds.--
                  (A) Wages and benefits.--
                          (i) In general.--Except as provided 
                        in clause (ii) or subparagraph (C) or 
                        (D), not less than 90 percent of the 
                        funds made available through a grant 
                        made under paragraph (1) shall be used 
                        to pay wages and benefits for older 
                        individuals who are employed under 
                        projects carried out under this title.
                          (ii) Small states.--Except as 
                        provided in subparagraph (C) or (D), 
                        not less than 85 percent of the funds 
                        made available through a grant made 
                        under paragraph (1) to a small State 
                        shall be used to pay wages and benefits 
                        for older individuals who are employed 
                        under projects carried out under this 
                        title.
                  (B) Administrative costs.--
                          (i) In general.--Except as provided 
                        in clause (ii), not more than 10 
                        percent of the funds made available 
                        through a grant made under paragraph 
                        (1) may be used to pay for 
                        administrative costs.
                          (ii) Small states.--Not more than 15 
                        percent of the funds made available 
                        through a grant made under paragraph 
                        (1) to a small State may be used to pay 
                        for administrative costs.
                  (C) Other participant costs; projects carried 
                out directly.--
                          (i) In general.--A State or tribal 
                        organization that receives a grant 
                        under paragraph (1) for a project and 
                        that elects to carry out the project 
                        directly, or through an agreement under 
                        subsection (b) with a political 
                        subdivision, may request that the 
                        Assistant Secretary provide for a 
                        fiscal year--
                                  (I) a general waiver of 
                                subparagraph (A); or
                                  (II) the general waiver and 
                                an additional waiver of 
                                subparagraph (A).
                          (ii) Request.--
                                  (I) In general.--The State or 
                                tribal organization shall 
                                submit such a request at such 
                                time, in such form, and 
                                containing such information as 
                                the Assistant Secretary may 
                                require by rule.
                                  (II) Information for 
                                additional waiver.--Except as 
                                provided in subclause (III), a 
                                State or tribal organization 
                                that requests such an 
                                additional waiver for a fiscal 
                                year shall submit with the 
                                request information 
                                demonstrating that at least 30 
                                percent of the participants in 
                                the projects carried out 
                                through a grant made under 
                                paragraph (1) for the previous 
                                year to the State or 
                                organization were placed in 
                                unsubsidized employment.
                                  (III) Waiver.--The Assistant 
                                Secretary may elect to waive 
                                the requirement described in 
                                subclause (II) for tribal 
                                organizations serving Native 
                                American populations in which 
                                the unemployment rate (as 
                                determined by the Secretary of 
                                Labor for the most recent 12-
                                month period for which data are 
                                available, prior to the fiscal 
                                year for which the 
                                determination is made) exceeds 
                                50 percent.
                          (iii) Approval.--If the Assistant 
                        Secretary determines that the State or 
                        tribal organization has submitted a 
                        request that meets the requirements of 
                        clause (ii), the Assistant Secretary 
                        shall approve the request.
                          (iv) General waiver.--A State or 
                        tribal organization that receives only 
                        a general waiver referred to in this 
                        subparagraph may use--
                                  (I) not less than 80 percent 
                                of the funds made available 
                                through the grant for the 
                                fiscal year for which the 
                                waiver is requested to pay 
                                wages and benefits described in 
                                subparagraph (A)(i);
                                  (II) not more than 10 percent 
                                (or not more than 15 percent in 
                                the case of a small State) of 
                                such funds to pay for 
                                administrative costs; and
                                  (III) the remaining portion 
                                of such funds to pay for other 
                                participant costs.
                          (v) Additional waiver.--A State or 
                        tribal organization that receives a 
                        general waiver and an additional waiver 
                        referred to in this subparagraph may 
                        use--
                                  (I) not less than 75 percent 
                                of the funds made available 
                                through the grant for the 
                                fiscal year for which the 
                                waiver is requested to pay 
                                wages and benefits described in 
                                subparagraph (A)(i);
                                  (II) not more than 10 percent 
                                (or not more than 15 percent in 
                                the case of a small State) of 
                                such funds to pay for 
                                administrative costs; and
                                  (III) the remaining portion 
                                of such funds to pay for other 
                                participant costs.
                  (D) Other participant costs; projects carried 
                out under agreements.--
                          (i) In general.--An entity, other 
                        than a State or tribal organization 
                        that receives a grant under subsection 
                        (a), or a political subdivision, that 
                        carries out a project under a grant 
                        made under paragraph (1) may request 
                        that the State or tribal organization 
                        that received the grant provide for a 
                        fiscal year--
                                  (I) a general waiver of 
                                subparagraph (A); and
                                  (II) an additional waiver of 
                                subparagraph (A).
                          (ii) Application of provisions.--The 
                        provisions of clauses (ii) through (v) 
                        of subparagraph (C) shall apply to such 
                        requests and such general and 
                        additional waivers, as appropriate, 
                        except that references in such 
                        provisions--
                                  (I) to a State or tribal 
                                organization shall be deemed to 
                                be references to the entity 
                                referred to in clause (i); and
                                  (II) to the Assistant 
                                Secretary shall be deemed to be 
                                references to the State or 
                                tribal organization that 
                                received the grant referred to 
                                in clause (i).
                  (E) Non-federal sources.--To the maximum 
                extent practicable, an entity that carries out 
                a project under this title shall provide for 
                the payment of the costs described in 
                subparagraph (B), (C), or (D) from non-Federal 
                sources.
  (b) Eligibility for Grants.--
          (1) Application and agreements.--To be eligible to 
        receive a grant under subsection (a), a State or tribal 
        organization shall submit to the Assistant Secretary an 
        application at such time, in such form, and containing 
        such information as the Assistant Secretary may require 
        by rule, including an assurance that funds made 
        available through such grant--
                  (A) will be used by the State or tribal 
                organization to carry out projects for the 
                purpose specified in subsection (a)(1)--
                          (i) directly (in accordance with the 
                        requirements of subsection (d)); or
                          (ii) through agreements that satisfy 
                        the requirements of this subsection and 
                        subsection (d); and
                  (B) will not be used to carry out a project 
                involving the construction, operation, or 
                maintenance of any facility used or to be used 
                as a place for sectarian religious instruction 
                or worship.
          (2) Participants in agreement.--Such agreements shall 
        be entered into 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; and
                  (D) area agencies on aging.
          (3) Agreements with businesses.--At the election of a 
        State or tribal organization that receives a grant made 
        under subsection (a), not more than 5 percent of the 
        funds made available through the grant may be used to 
        enter into agreements with businesses (giving special 
        consideration to businesses in growth industries) to 
        pay for not more than 50 percent of the cost of 
        providing part-time employment (including arranging for 
        the provision of part-time employment) to older 
        individuals described in subsection (a)(1).
  (c) Competitive Basis.--In selecting an entity with whom a 
State or tribal organization will enter into an agreement under 
subsection (b), the State or organization--
          (1) shall make the selection on a competitive basis; 
        and
          (2) shall take into consideration, where appropriate, 
        the demonstrated ability of the entity to provide 
        employment (including arranging for the provision of 
        employment) to older individuals as described in 
        subsection (a)(1).
  (d) Requirements.--
          (1) In general.--Each agreement entered into under 
        subsection (b) for a project shall provide that no 
        payment shall be made by the State or tribal 
        organization toward the cost of such project unless the 
        State or tribal organization determines that such 
        project, or the entity that carries out such project, 
        as appropriate, will satisfy each of the conditions 
        described in paragraphs (2) through (13). Each State or 
        tribal organization that carries out a project directly 
        under subsection (b) shall ensure that such project or 
        the State or organization, as appropriate, will satisfy 
        each of the conditions described in paragraphs (2) 
        through (13).
          (2) Federal share requirement.--
                  (A) In general.--The entity that carries out 
                the project shall use funds received for such 
                project that are made available through a grant 
                made under subsection (a) to pay for the 
                Federal share of the cost of the project.
                  (B) Federal share.--The Federal share of the 
                cost of the project shall be not more than 85 
                percent (or not more than 50 percent in the 
                case of a project carried out under an 
                agreement described in subsection (b)(3)).
                  (C) Non-federal share.--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.
          (3) Personnel.--The project shall provide employment 
        only for older individuals described in subsection 
        (a)(1), except for necessary technical, administrative, 
        and supervisory personnel. Such personnel shall, to the 
        fullest extent possible, be recruited from among older 
        individuals described in subsection (a)(1).
          (4) Communities.--
                  (A) In general.--Except as provided in 
                subparagraph (B), if such project is carried 
                out by or under an agreement with a State, the 
                project shall provide employment for such 
                individuals in the community in which such 
                individuals reside, or in nearby communities.
                  (B) Reservations.--If such project is carried 
                out by a tribal organization that receives a 
                grant under subsection (a), or enters into an 
                agreement under subsection (b) with a State 
                that receives a grant under subsection (a), the 
                project shall provide employment for such 
                individuals who are Indians residing on an 
                Indian reservation, as the term is defined in 
                section 2601(2) of the Energy Policy Act of 
                1992 (25 U.S.C. 3501(2)).
          (5) Services.--The project (except a project carried 
        out under an agreement described in subsection (b)(3)) 
        shall employ older individuals described in subsection 
        (a)(1) in positions in which the individuals provide 
        services--
                  (A) related to publicly owned and operated 
                facilities or public projects; or
                  (B) related to projects sponsored by 
                organizations 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.
          (6) General welfare.--The project shall contribute to 
        the general welfare of the community in which the 
        project is carried out.
          (7) Employment impacts.--The project shall--
                  (A) result in an increase in employment 
                opportunities over the opportunities that would 
                otherwise be available;
                  (B) not result in the displacement (including 
                partial displacement, such as a reduction in 
                the hours of nonovertime work or wages or 
                employment benefits) of currently employed 
                workers (as of the date of the beginning of the 
                project); and
                  (C) not impair existing contracts (as of the 
                date of the beginning of the project) or result 
                in the substitution of Federal funds for other 
                funds in connection with work that would 
                otherwise be performed.
          (8) Recruitment and selection.--In carrying out the 
        project, the entity shall utilize methods of 
        recruitment and selection (including listing job 
        vacancies with an employment agency operated by any 
        State or political subdivision of a State) that will 
        ensure that the maximum number of older individuals 
        described in subsection (a)(1) will have an opportunity 
        to participate in the project.
          (9) Training.--The project shall include such 
        training as may be necessary to make the most effective 
        use of the skills and talents of such individuals who 
        are participating in the project and assist in their 
        transition into employment for which no financial 
        assistance is provided under this title.
          (10) Advice.--The entity shall establish or 
        administer the project after receiving the advice of--
                  (A) individuals competent in the field of 
                service in which the project will provide 
                employment; and
                  (B) individuals who are knowledgeable with 
                regard to the needs of older individuals.
          (11) Assessment.--The entity shall prepare an 
        assessment of--
                  (A) the skills and talents of each 
                participating older individual;
                  (B) the need of the older individual for 
                supportive services; and
                  (C) the ability of the older individual to 
                perform community service employment;
        except to the extent that the project has an assessment 
        of such skills and talents, such need, or such ability, 
        of the individual that was prepared recently pursuant 
        to another Federal or State employment or job training 
        program.
          (12) Notice and explanation.--The entity that carries 
        out such project shall post in the project workplace a 
        notice, and shall make available to each individual 
        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.
          (13) Priority in employment opportunities.--In 
        providing employment opportunities (including arranging 
        for the provision of employment opportunities) under 
        the project, such entity shall give priority to low-
        income older individuals described in subsection (a)(1) 
        who are 60 years of age or older.
  (e) Prerequisite Determinations and Coordination.--
          (1) Determinations.--To effectively carry out 
        subsection (b), a State or tribal organization that 
        receives a grant under subsection (a) for a fiscal year 
        shall, after consultation with the appropriate area 
        agencies on aging and with other organizations that 
        received funds under this title in the preceding fiscal 
        year--
                  (A) make a determination identifying the 
                localities in the State (or on an Indian 
                reservation if a tribal organization receives 
                such a grant or enters into an agreement with a 
                State that receives such a grant), 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)(1); and
                  (C) make a determination identifying 
                potential projects for, and the number and 
                percentage of such individuals in the local 
                population of, each such locality.
          (2) Coordination.--To increase employment 
        opportunities available to older individuals, the State 
        or tribal organization shall coordinate the projects 
        assisted under this title with--
                  (A) other programs, projects, and activities 
                carried out under this Act; and
                  (B) other Federal or State employment or job 
                training programs.
          (3) Participants.--To the maximum extent practicable, 
        the State or tribal organization shall ensure that 
        entities that carry out projects under this title 
        provide employment (including arranging for the 
        provision of employment) under this title to older 
        individuals who on the day before the effective date of 
        section 3 of the Older Americans Amendments of 1996 
        were participants under an agreement entered into under 
        section 502(b) (as in effect on the day before such 
        date).
  (f) Equitable Use of Funds.--To the maximum extent 
practicable, the State or tribal organization shall use funds 
available for this title to enter into agreements under 
subsection (b), or carry out this title, in an equitable 
manner, taking into consideration the number of eligible older 
individuals in the various geographical areas served under the 
agreements or by the State or organization and the relative 
distribution of such individuals among urban and rural areas.
  (g) Prior Submission of Project Description.--If an entity 
carries out a project under this title in a planning and 
service area, and the entity is not the area agency on aging 
for the planning and service area, the entity shall carry out 
the project in consultation with the area agency on aging and 
shall submit to the area agency on aging, not less than 30 days 
before undertaking the project, a description (including the 
location) of such project.
  (h) Alternative Work Modes; Technical Assistance.--To assist 
entities carrying out, and participants in, projects assisted 
under this title, the State or tribal organization may develop 
alternatives for innovative work modes and provide technical 
assistance in creating job 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 a State or tribal organization elects under 
subsection (b) to enter into agreements described in paragraph 
(3) of such subsection for a fiscal year, the State or tribal 
organization shall submit to the Assistant Secretary a report 
describing the projects carried out under such agreements.
  (j) Data Collection and Analysis.--A State or tribal 
organization that receives a grant under subsection (a) for a 
project shall use a portion of the funds available for 
administrative costs, as described in subsection (a)(2)(B)--
          (1) to collect data and carry out analyses related to 
        the need for community service employment within the 
        population served under the grant; and
          (2) to disseminate information obtained through the 
        data collection and analyses.
  (k) 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 
title the goal of annually placing not less than 20 percent of 
project participants in employment for which no financial 
assistance is provided under this title.

SEC. 504. PARTICIPANTS NOT FEDERAL EMPLOYEES.

  (a) Project Participants.--Older individuals described in 
section 503(a)(1) who participate in a project assisted under 
this title shall not be considered to be Federal employees as a 
result of such participation and shall not be subject to the 
provisions of part III of title 5, United States Code.
  (b) Workmen's Compensation.--No State or tribal organization 
shall enter into an agreement under section 503(b) with, or 
carry out such a project through, an entity who is, or whose 
employees are, under State law, exempted from the operation of 
the State workmen's compensation law, generally applicable to 
employees, unless the entity undertakes 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 such coverage provided by law for covered 
employment.

SEC. 505. EMPLOYMENT ASSISTANCE AND FEDERAL HOUSING AND FOOD STAMP 
                    PROGRAMS.

  Funds received by eligible individuals from projects carried 
out under this title shall not be considered to be income of 
such individuals for purposes of determining the eligibility of 
such individuals, or of any other 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 
(7 U.S.C. 2011 et seq.).

SEC. 506. DEFINITIONS.

  As used in this title:
          (1) Administrative costs.--The term ``administrative 
        costs'', used with respect to a project, means--
                  (A) the costs of--
                          (i) salaries, wages, and fringe 
                        benefits for project administrators;
                          (ii) consumable office supplies used 
                        by project staff;
                          (iii) development, preparation, 
                        presentation, management, and 
                        evaluation of the project;
                          (iv) establishment and maintenance of 
                        accounting and management information 
                        systems;
                          (v) establishment and maintenance of 
                        advisory councils;
                          (vi) travel of the project 
                        administrators;
                          (vii) rent, utilities, custodial 
                        services, and indirect costs 
                        attributable to the project;
                          (viii) training of staff and 
                        technical assistance to subproject 
                        sponsor staff;
                          (ix) equipment and material for use 
                        by project staff; or
                          (x) audit services; and
                  (B) the costs and expenses described in 
                paragraph (6)(B).
          (2) Community service employment.--The term 
        ``community service employment'' means employment 
        described in section 503(a)(1).
          (3) 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 and recreational services, 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;
                  (I) services for a business, to the extent 
                permitted by section 503(b)(3); and
                  (J) such other services as the Secretary 
                determines by regulation to be essential and 
                necessary to the community involved.
          (4) Low-income.--The term ``low-income'', used with 
        respect to an individual, means an individual who is a 
        member of a family that has an income that is not more 
        than 125 percent of the poverty line.
          (5) Older individual--The term ``older individual'' 
        means an individual who is 55 years of age or older.
          (6) Other participant costs.--
                  (A) In general.--The term ``other participant 
                costs'' includes--
                          (i) the costs for participants of--
                                  (I) transportation;
                                  (II) training, including 
                                training described in section 
                                503(d)(9); and
                                  (III) special job or personal 
                                counseling; and
                          (ii) incidental expenses necessary 
                        for the participation of the 
                        participants, such as workshoes, safety 
                        eyeglasses, uniforms, tools, and 
                        similar items.
                  (B) Exclusion.--The term shall not include--
                          (i) the costs of performing 
                        assessments, including the assessment 
                        described in section 503(d)(11);
                          (ii) administrative expenses relating 
                        to the training of participants;
                          (iii) the costs of providing 
                        counseling to participants;
                          (iv) the costs of providing 
                        supportive services to participants;
                          (v) transportation costs incurred in 
                        training;
                          (vi) the costs of evaluating 
                        participants for continued 
                        participation in employment in a 
                        project described in this title; or
                          (vii) the costs of developing host 
                        agency assignments and unsubsidized 
                        employment for participants.
          (7) Placed in unsubsidized employment.--
                  (A) In general.--The term ``placed in 
                unsubsidized employment'' means, with respect 
                to an individual who was a participant in a 
                project described in this title, that--
                          (i)(I) the individual was placed in a 
                        position with an employer not later 
                        than 90 days after the individual 
                        terminated participation in the 
                        project, and the position was not 
                        subsidized with Federal funds; and
                          (II) the placement was attributable 
                        to participation in the project;
                          (ii) the employer intended, on the 
                        date of the placement, to employ the 
                        individual in the position for not less 
                        than 90 days;
                          (iii) the individual was still 
                        employed in the position 30 days after 
                        the placement; and
                          (iv) the individual was better off 
                        economically when employed in the 
                        position than the individual was when 
                        participating in the project.
                  (B) Better off economically.--As used in this 
                paragraph, the term ``better off 
                economically'', used with respect to an 
                individual, means an individual who was a 
                participant in a project described in this 
                title and was placed in a position of 
                employment if--
                          (i) the individual received greater 
                        income for employment in the position 
                        than for participation in the project;
                          (ii) the individual received greater 
                        benefits (as defined by the State in 
                        which the project is located) for 
                        employment in the position than for 
                        participation in the project; or
                          (iii) the position met 2 or more of 
                        the following criteria:
                                  (I) The position provided to 
                                the individual 20 or more hours 
                                of employment per week and a 
                                wage that is not less than the 
                                minimum wage determined in 
                                accordance with section 6(a)(1) 
                                of the Fair Labor Standards Act 
                                of 1938 (29 U.S.C. 206(a)(1)).
                                  (II) The position was 
                                consistent with the individual 
                                development plan for the 
                                individual.
                                  (III) The position provided 
                                free housing to the individual.
                                  (IV) The position provided 
                                free food or meals to the 
                                individual.
                                  (V) The position provided 
                                health benefits to the 
                                individual.
                                  (VI) The position provided 
                                free transportation, or 
                                transportation at a reduced 
                                cost, to the individual.
                                  (VII) The position provided 
                                to the individual such economic 
                                benefits, other than the 
                                benefits described in 
                                subclauses (I) through (VI), as 
                                the State in which the project 
                                was located determined to be 
                                appropriate.
          (8) Small state.--The term ``small State'' means--
                  (A) a State whose allotment under section 502 
                is increased as a result of the condition 
                specified in section 502(a)(2)(C)(ii)(I); and
                  (B) a State referred to in section 
                502(a)(2)(C)(ii)(II).
          (9) State.--The term ``State'' means any of the 
        several States, 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.
          (10) Tribal organization.--Notwithstanding section 
        102, the term ``tribal organization'' means--
                  (A) the recognized governing body of an 
                Indian tribe;
                  (B) the legally established organization of 
                Indians that is controlled, sanctioned, or 
                chartered by the recognized governing body of 
                an Indian tribe;
                  (C) 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 the activities of the organization; 
                and
                  (D) a public or nonprofit private 
                organization that is primarily controlled by 
                and comprised of Indians or Indian tribes.

SEC. 507. AUTHORIZATION OF APPROPRIATIONS.

  (a) In General.--There are authorized to be appropriated to 
carry out this title such sums as may be necessary for fiscal 
year 1996.
  (b) Program Year and Extensions.--
          (1) Program year.--Amounts appropriated under 
        subsection (a) for a fiscal year shall be used during 
        the annual period that--
                  (A) begins on July 1 of the calendar year 
                immediately following the beginning of such 
                fiscal year; and
                  (B) ends on June 30 of the following calendar 
                year.
          (2) Extensions.--If, in accordance with section 
        502(b), any part of an allotment is reallotted to a 
        State for a fiscal year, such part shall be considered 
        to be a portion of the appropriate allotment of the 
        State for the fiscal year, but shall remain available 
        for obligation for the State until the end of the 
        succeeding fiscal year.
          * * * * * * *

                      TITLE 7, UNITED STATES CODE

          * * * * * * *
    Sec. 1431e(2)(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))] section 123, and subtitle 
C of title III of the Older Americans Act of 1965, 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))] section 123, and subtitle C of 
title III of the Older Americans Act of 1965 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.
          * * * * * * *

                      TITLE 29, UNITED STATES CODE

    Sec. 1604(d)(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.)] subtitle C of title II of the Older 
Americans Act of 1965.
    (5)(B)(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.) subject to clause (ii)]  subtitle C of title II 
of the Older Americans Act of 1965.
          * * * * * * *
    Sec. 1605(a)[(8) title V of the Older Americans Act of 1965 
(42 U.S.C. 3056 et seq.);] (8) subtitle C of title II of the 
Older Americans Act of 1965;
          * * * * * * *
    Sec. 1735(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.)] subtitle C of title II of the Older Americans Act of 
1965.
          * * * * * * *
    Sec. 2212(e)(23)(G) [any council established under section 
204, 206(g)(2)(A), 712(a)(3)(H) of the Older Americans Act of 
1965 (42 U.S.C. 3015, 3017(g)(2)(A), or 3058g(a)(3)(H)] any 
council established under section 212(c)(3)(G) or 302(a)(5)(D) 
of the Older Americans Act of 1965.
          * * * * * * *

                      TITLE 31, UNITED STATES CODE

          * * * * * * *
    Sec. 3803(c)(2)(C)(xi) [benefits under the Black Lung 
Benefits Act;] benefits under subtitle C of title III of the 
Older Americans Act of 1965.
          * * * * * * *

                      TITLE 42, UNITED STATES CODE

          * * * * * * *
    Sec. 1395b--4(d)(1)(C)(ii)) administering funds 
appropriated under the Older Americans Act of 1965.
          * * * * * * *
    Sec. 1395i--3(b)(4)(C)(ii)(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] the Older Americans Act of 1965, in accordance 
with subtitle B of title II of such Act) and the protection and 
advocacy system in the State for the mentally ill and the 
mentally retarded, and
          * * * * * * *
    (c)(2)(B)(iii)(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] the Older Americans Act 
of 1965, in accordance with subtitle B of title II of such 
Act).
          * * * * * * *
    (g)(5)(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] the Older Americans Act of 1965, in 
accordance with subtitle B of title II of such Act) of the 
State's findings of noncompliance with any of the requirements 
of subsection (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.
          * * * * * * *
    Sec. 1396r(b)(4)(C)(ii)(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] the Older 
Americans Act of 1965, in accordance with subtitle B of title 
II of such Act) and the protection and advocacy system in the 
State for the mentally ill and the mentally retarded, and
          * * * * * * *
    (c)(2)(B)(iii)(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] the Older 
Americans Act of 1965, in accordance with subtitle B of title 
II of such Act) in accordance with section 712 of the Act).
          * * * * * * *
    (g)(5)(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] the Older Americans Act of 1965, in 
accordance with subtitle B of title II of such Act) 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.
          * * * * * * *
    Sec. 1438. Special low-income housing projects for elderly 
or handicapped; consultations; applicable design and equipment 
standards.
    The Secretary shall consult with the Secretary of Health 
and Human Services to insure that special projects for elderly 
or disabled families authorized pursuant to 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] sections 202 and 
302 of the Older Americans Act of 1965;
          * * * * * * *
    Sec. 1762A(a)(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] 
subtitle C of title III of the Older Americans Act of 1965; and
          * * * * * * *
    (c) Authorization of appropriations for purchase of 
products or for cash payments in lieu of donations. 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 (4 2 U.S.C. 3030(b)(1)) 
[purchased under section 123 of the Older Americans Act of 1965 
or for allotments under such section. There are hereby 
authorized to be appropriated such sums as are necessary to 
carry out the purposes of this subsection.
          * * * * * * *
    Sec. 1766(o)(3)(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] substitle C of title III of 
the Older Americans Act of 1965, for the same meal served.
          * * * * * * *
    Sec. 4368a(a) Technical assistance to environmental 
agencies. 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 designed by the Secretary of Labor 
under [title V of the Older Americans Act of 1965] subtitle C 
of title II of the Older Americans Act of 1965 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] subtitle C of title II of the Older Americans Act 
of 1965 and title IV of the Job Training Partnership Act.
          * * * * * * *
    Sec. 4728(a)(3)(B) section 303(a)(6) of the Older Americans 
Act of 1965 (42 U.S.C. 3023(a)(6)) (as in effect on January 4, 
1971);
          * * * * * * *
    Sec. 4913(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 1965.
          * * * * * * *
    Sec. 5021(a)(2)(A)(ii) involve retired and senior 
volunteers, and senior companions, in providing services 
authorized by [title III of the Older Americans Act of 1965] 
subtitles B and D of title II, and subtitles B and C of title 
III, of the Older Americans Act of 1965; and
          * * * * * * *
    Sec. 6024(b)(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 1965, 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--
          * * * * * * *
    Sec. 6862(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 
(24)(A), (25)(A), and (50)(A), respectively of section 102 of 
the Older Americans Act of 1965.
          * * * * * * *
    Sec. 8011(d)(2)(B)(i) receives assistance under [title III 
of the Older Americans Act of 1965] subtitle C of title III of 
the Older Americans Act of 1965; or
          * * * * * * *
    Sec. 8012(d)(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] as defined in 
section 102 of the Older Americans Act of 1965 and that the 
public housing agency will periodically consult with the area 
agency during the demonstration.
          * * * * * * *
    Sec. 11261(b)(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))] State 
agencies and area agencies on aging, as defined in section 102 
of the Older Americans Act of 1965; and
          * * * * * * *
    Sec. 11292(d) Application. To be eligible to receive a 
grant under this section, an entry 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] as defined in section 102 of the Older Americans Act 
of 1965 in the State in which the entity will provide such 
programs.
          * * * * * * *

                      TITLE 42, UNITED STATES CODE

          * * * * * * *
    Sec. 3002. Definitions.
    For the purposes of this Act--
          (1) The term ``Secretary'' means the Secretary of 
        Health and Human Services [, except that for purposes 
        of title V such term means the Secretary of Labor.].
          * * * * * * *
    Sec. 3011. Establishment of Administration; Assistant 
Secretary for Aging.
    (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] The 
Administration shall be the agency for carrying out this Act. 
In the performance of the functions of the Assistant Secretary, 
the Assistant Secretary shall be directly responsible to the 
Secretary. There shall be a direct reporting relationship 
between the Assistant Secretary and the Secretary. The 
Secretary shall not approve or require any delegation of the 
functions of the Assistant carried out through regional 
offices) to any other officer not directly responsible to the 
Assistant Secretary.
          * * * * * * *
    Sec. 3013(a)(3)(A) older individuals (with particular 
attention to low-income minority older individuals) and 
eligible individuals (as defined in section 507 (as in effect 
on the day before the date of enactment of the Older Americans 
Amendments of 1996)).
          * * * * * * *